With focused investment in behavior programming, staff training, and alternative placement options, LBACF can reduce the number of behavior-related euthanasia while improving outcomes for dogs who need a little extra time, space, or support to shine.
• Review of intake Vaccination Protocols and Hygiene Protocols Our National Shelter Medicine Veterinary team can provide free virtual consultations to evaluate and discuss current protocols or areas of opportunity.
Overall, it is obvious that the Los Banos Animal Control Facility has already achieved great things for the animals in their care and that you have a very mighty team!
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1 Partnership Goals:
The goal of this partnership is to work toward increasing positive outcomes for dogs and cats at the Los Banos Animal Control Facility (LBACF) and working towards achieving a save rate of at least 90%. We aim to build on the already great work happening by offering tools and resources to support and boost lifesaving efforts.
How We Can Support You:
As indicated in the Gap Analysis, LBACF's most vulnerable populations of animals are unsocialized cats and dogs with behavioral challenges. In addition, the Gap Analysis highlighted other areas of potential growth, and this offer aims to support you in growing these areas and improving your life-saving capabilities.
Best Friends can provide guidance, tools, training, and support to implement or level up programming that is designed to increase lifesaving at the LBACF and increase both cat and dog save rates. The support included in this offer, including training, supplies, and other resources, is offered to LBACF at no cost to the shelter.
This support includes:
• Adoptions Programming: To increase live outcomes by way of adoptions, Best Friends can provide a review of current adoption programming to further develop conversation-based adoption processes.
• Intake Reduction Support: Training and tools to help staff and officers offer safe, communitybased intake alternatives. This includes support for Finder-to-Foster programs, lost pet reunification tools, and public education efforts and Return-to-Owner in the Field training. The aim is to empower the community, keep pets close to their homes, and protect shelter capacity. o Training will be provided for creating an SOP on the program, how to process an animal through shelter software for the finder-foster program, and various outcomes for the animal.
o This program will be combined with $1,000 to purchase tools/equipment to be used to educate/assist pet owners in lieu of citations and support return to owner possibilities.
Goal: an overall reduction of intake by 5% (82 animals) compared to 2025.
Los Banos Animal Control Facility Offer of Support
35-2531856
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2 • Behavior and Enrichment Programming: This will include support to include volunteers in enrichment practices in the shelter. This may include virtual training, sample protocols focused on reducing stress, increasing adoptability, and helping staff better assess dogs with behavioral needs.
o This is paired with $500 for an annual Subscription to Petcademy – Virtual training and behavioral support for all adopters, fosters, and community pet owners. This is aimed at increasing adoptions and fostering of hard to place/behaviorally challenged dogs, as well as incentivizing supported self-rehoming. This service is not limited to these animals and is available to all permanent or temporary cat and dog families that need support in keeping their animals.
o Shelter Behavior Hub – Access to one of Trish McMillan’s courses:
o Shelter Dog Behavior Mentorship 365 ($750 for Part I and II) o On-Demand Shelter Dog Behavior Mentorship ($150 + 12 months subscription) Goal: a reduction of euthanasia for treatable behavioral concerns in dogs by 60 compared to 2025.
• Review of intake Vaccination Protocols and Hygiene Protocols: Our National Shelter Medicine team can provide free virtual consultations to evaluate and discuss current protocols or areas of opportunity.
• Home-to-home intake mitigation to reduce owner surrenders: Facilitated implementation of mandatory home-to-home supported self-rehoming for all non-emergency owner surrender requests via Rehome by Adopt-a-Pet; includes relevant SOP creation, staff and volunteer training, public messaging, and other implementation needs
Goal: an overall reduction in intake by 5% compared to 2025.
How We Can Achieve These Goals Together:
Within two weeks of acceptance:
• Meet with the Best Friends representatives who will become the point(s) of contact for all training and implementation work.
Within the first 30 days:
• LBACF Leadership will work with Best Friends staff to schedule virtual and/or in-person training times for prioritized program implementation.
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3 • LBACF will standardize data collection practices and ensure staff are trained to support consistent reporting and enable deeper analysis. Support is available if requested. • Best Friends will provide funding as outlined above. Best Friends can make purchase recommendations based on industry standards if needed.
• Petcademy subscription activated and LBACF will assign a staff member to be the point of contact for Petcademy and be responsible for troubleshooting any issues within the organization, ensuring transitions occur smoothly.
• LBACF will identify a staff member who will be committed to completing the Shelter Behavior Hub mentorship (either option) and training other staff members and volunteers. • Best Friends will schedule an all-staff kick-off meeting to discuss the overall timeline and goals for the offer of support.
• LBACF leadership will agree to monthly check-in calls with Best Friends staff to review the training being done, identify upcoming training still needed, discuss any issues encountered while trying to implement new programs, and problem solve as a team to address any issues. These meetings will also be used to review LBACF’s data and review additional areas of progress. • Other necessary staff check-in calls will be identified as needed to support the programming as outlined in the above offer.
Within the first 60 days:
• Training will continue, and LBACF leadership will ensure that all appropriate staff are participating. Progress of implementation, staff involvement, and data review will be discussed routinely in the monthly leadership check-ins.
• Best Friends will provide an assessment, in-person or virtually, of current intake procedures, adoption programming, managed intake, and return to owner efforts.
Within the first 90 days:
• Continue any remaining trainings that are pending/on-going • SOPs for programs will be created and/or reviewed and updated as necessary Within the first 120 days:
• Any follow-up training/resources identified through assessment will be scheduled.
Before end of the 6-month contract deadline:
• All remaining training will be completed
• Any remaining SOPs will be created or reviewed/updated • LBACF will submit any and all reports needed to show metrics and gauge the success of programs implemented.
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4 • Staff will remain committed to growing all new implemented programs • Best Friends will support LBACF in developing a sustainability plan to encourage programming to continue.
• Best Friends is open to providing additional programming support beyond the scope of this Offer, contingent upon demonstrated progress and a continued spirit of collaboration.
Total Funds: $2,250
To achieve these goals, LBACF must indicate their acceptance of the outlined offer of support no later than 3/20/2026. At that time, a planning meeting will be scheduled including key stakeholders from both organizations to review and finalize the 30, 60 and 90 day plan outlined above, with an agreed timeframe for disbursement of funds to follow, and an expectation of an ultimate save rate of 90% once programming has been implemented.
Failure to implement programmatic improvements, repeated missed meetings, failure to report data, and a lack of progress to the outlined goals may result in early termination of this work and cancellation of outstanding funding.
What is Required from LBACF:
• Monthly data submitted via Shelter Pet Data Alliance (SPDA). • Monthly reporting on associated programs including photos and specific animal success stories that can be utilized by Best Friends on social media to garner positive awareness for the shelter and Best Friends; templates for reporting to be provided by Best Friends. • Quarterly grant reports detailing utilization of funding including both amounts spent and for what purposes; number of animals directly impacted.
• Cooperation and transparency from shelter leadership and staff, including attending meetings and training as scheduled. Meetings and training may occur virtually and require access to a webcam/microphone for participation. Best Friends can provide this technology if necessary; please advise at the time of offer of acceptance if this is required. • A commitment from organizational leadership to implement principles and best practices reviewed in trainings and consultations into standard shelter operations within 30 days of review.
This offer of support expires on March 20th, 2026.
Best Friends is happy to extend timelines as necessary, provided that there is a path to move the offer forward.
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Agenda Staff Report
TO: Mayor Amabile and City Council Members
FROM: Stacy Souza Elms, Community and Economic Development Director DATE: April 15, 2026
TYPE OF REPORT: Public Hearing
SUBJECT: 2026 Development Impact Fee Annual Adjustment
______________________________________________________________________ Recommendation:
That the City Council consider the following:
1. Hold a public hearing to receive public comments regarding the proposed annual adjustment to development impact fees;
2. Determine that the proposed impact fee adjustment is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3); and
3. Adopt a resolution approving a 0.4% increase to development impact fees to reflect construction cost changes in 2026, with the adjustment becoming effective July 1, 2026.
Background:
On January 15, 2020, the Los Banos City Council approved the Development Impact Fee Justification Study to reflect the development horizons of the General Plan and Police Station Needs Assessment. Development impact fees are established in accordance with the requirements of the Mitigation Fee Act (California Government Code Sections 66000, et seq.), enacted by the State of California in 1987. The Act requires identification 185
ITEM 9A
of public facilities needed to serve new development (“Future Facilities”) and establishes the framework for determining the appropriate level of fees to fund those facilities.
In 2006, Government Code Section 66001 was amended to clarify that development impact fees cannot fund existing deficiencies. Instead, fees may only be used to maintain an existing level of service (“LOS”) or achieve an adopted LOS that is consistent with the General Plan.
Development impact fees do not fund the operation or maintenance of capital facilities, nor do they pay for City staffing costs. Development Impact Fees are segregated from the General Fund and other City funds, consistent with applicable accounting standards and legal requirements.
Discussion:
Pursuant to City Council Resolution No. 6163, development impact fees are adjusted annually on July 1 based on changes to the Engineering News Record Construction Cost Index (ENR-CCI) for the twelve-month period ending in April of each year. The ENR-CCI change for the twelve-month period ending in April 2026 reflects a 0.4% increase.
If approved, this adjustment would be applied uniformly to all development impact fees and would take effect on July 1, 2026.
Below is a comparison of the current and proposed development impact fees, shown per residential unit and per 1,000 square feet for non-residential uses.
Current Fee Proposed Fee
Single Family $33,357.06 $33,490.51
Multi-family $26,511.64 $26,617.70
Age Restricted $18,053.91 $18,126.13
Retail $20,686.18 $20,768.92
Office $11,065.37 $11,109.63
Institutional $6,684.46 $6,711.19
Industrial $4,523.70 $4,541.79
Environmental Review:
The proposed development impact fee adjustment is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3), which provides that CEQA applies only to project with the potential to cause a direct or reasonably foreseeable indirect physical change in the environment.
The proposed fee adjustment does not have the potential to result in such impacts. 186
Fiscal Impact:
The proposed 0.4% adjustment to development impact fees ensures that new development continues to fund its proportional share of the costs associated with new public facilities as construction costs increase over time. Annual adjustments help ensure that development impact fees more accurately reflect current construction costs, preventing the City from subsidizing new development and ensuring adequate funding is available when the City proceeds with capital improvement projects.
Public Notice:
A public hearing notice was published in the Westside Express on March 25, 2026. In addition, local developers and the Building Industry Association of the Greater Valley (BIA) were directly mailed public notices on March 25, 2026.
Reviewed by:
_______________________________ _______________________________ Soknirorn Than, City Manager Minerva Moreno, Finance Director Attachments:
1. Resolution
Exhibit A - Proposed 2026 Adjusted Development Impact Fees
2. Construction Cost Index Chart
3. Public Hearing Notice – March 25, 2026
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RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS APPROVING AN ANNUAL
ADJUSTMENT TO DEVELOPMENT IMPACT FEES
TO REFLECT CHANGES IN THE ENGINEERING
NEWS RECORD CONSTRUCTION COST INDEX
FOR 2026
WHEREAS, on January 15, 2020, the City Council adopted Resolution No. 6163, approving a development impact fee justification study to be collected from new development projects as authorized by Article XI, Section 7 of the California Constitution, the Mitigation Fee Act (California Government Code § 66000, et seq.), and the Los Banos Municipal Code; and
WHEREAS, Resolution No. 6163 established a process for the annual adjustment of development impact fees based on changes to the Engineering News Record Construction Cost Index (ENR-CCI) reported for the twelve-month period ending in April of each year; and
WHEREAS, the Engineering News Record’s Construction Cost Index for the San Francisco area indicates that construction costs increased 0.4 percent for the twelvemonth period ending in April 2026; and WHEREAS, the City of Los Banos complied with the notice requirements of the California Government Code Sections 66016 and 66018; and WHEREAS, the City Council held and conducted a public hearing on April 15, 2026, to consider the proposed annual adjustment to development impact fees and the updated Development Impact Fee Schedule; and
WHEREAS; the City Council desires to adjust the development impact consistent with the increase in the Engineering News Record Construction Cost Index and to adopt the revised fee amounts set forth in Exhibit A, attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby resolves as follows:
SECTION 1. Based on the increase in the Engineering News Record Construction Cost Index for the twelve-month period ending in April 2026, the City Council approves an annual adjustment increasing development impact fees by 0.4 percent and adopts the revised fee schedule set forth in Exhibit A.
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SECTION 2. The adjusted development impact fees adopted by this Resolution shall become effective on July 1, 2026.
SECTION 3. This Resolution modifies only the amount of development impact fees to be collected from new development. All other provisions of Resolution No. 6163 shall remain in full force and effect.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 15th day of April 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
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City Cost Index - San Francisco - As of April 2026
The building and construction cost indexes for ENR's individual cities use the same components and weighting as those for the 20-city national indexes. The city indexes use local prices for portland cement and 2 X 4 lumber and the national average price for structural steel. The city's BCI uses local union wages, plus fringes, for carpenters, bricklayers and iron workers. The city's CCI uses the same union wages for laborers.
To find more recent cost index data, go to this webpage (link below) and click on the link for the year you need, and then navigate to the week you need. Keep in mind that the city cost index figures are always published in the second weekly issue of the month.
http://www.enr.com/economics/current_costs
Go back to view all City Indexes.
ENR COST INDEXES IN SAN FRANCISCO (1978-2024)
Year 2026
Month April
BCI 10846.92
%CHG +0.5
CCI 15318.98
%CHG +0.4
Keep Your ENR Account Up to Date
Visit your Account Center to confirm your email preferences, company details, and topics of Go to Account Center →
interest.
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CITY OF LOS BANOS
NOTICE OF PUBLIC HEARING
PUBLIC FACILITY IMPACT FEE PROGRAM
AND DEVELOPMENT IMPACT FEES
NOTICE IS HEREBY GIVEN that the Los Banos City Council will conduct a Public Hearing to receive public comment regarding the annual adjustment to the Los Banos Development Impact Fee Schedule based on the Engineering News Record Construction Cost Index.
The Public Hearing will be held at the regular meeting of the Los Banos City Council on Wednesday, April 15, 2026 at 6:00 p.m. in the Council Chambers at Los Banos City Hall located at 520 J Street, or as near as possible thereafter, at which time and place interested persons may appear and be heard thereon. Questions regarding the abovereferenced item may be directed to Stacy Souza Elms, Community and Economic Development Director, 520 J Street or at (209) 827-7000.
The data supporting the proposed adjustment to City’s Development Impact Fees will be available for review ten (10) days prior to the public hearing at the Community and Economic Development Department located at 520 J Street, Los Banos California or by email request to [email protected].
All interested persons will be given an opportunity to comment on this item at the Public Hearing. In addition, written comments may be submitted to the City Council at or prior to the hearing, mailed to 520 J Street, Los Banos, CA 93635, Attention: Stacy Souza Elms, Community and Economic Development Director. Please reference hearing title and date of hearing in any correspondence. If no comments are received prior to or on the above date, it will be assumed that no comments are being offered. Please note that if you challenge the City’s final decision on the above matter in court, you may be limited to raising only those factual and legal 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. In light of the foregoing, all interested members of the public are encouraged to voice their concerns regarding all above matter either in person at the hearing or in writing through correspondence addressed to the City Council and submitted to the City Council at or prior to the date of the above hearing.
It is the intention of the City to comply with the Americans with Disabilities Act (ADA). If you require special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact the City Clerk’s Office at (209) 827-7000 at least 48 hours prior to the meeting to inform us of your particular needs.
THE CITY OF LOS BANOS
Stacy Souza Elms
Community & Economic Development Director
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Agenda Staff Report
TO: Mayor Amabile and Council Members
FROM: Soknirorn Than, City Manager
Mary Lerner, City Attorney
DATE: April 15, 2026
TYPE OF REPORT: Agenda Item
SUBJECT: Introduction and Waiver of First Reading of Ordinance Amending Sections 2-1.302 and 2-1.303 of Title 2, Chapter 1, Article 3 of the Los Banos Municipal Code to Increase Electeds Compensation
______________________________________________________________________ Recommendation:
Staff recommend the City Council introduce and waive the first reading of an Ordinance amending Sections 2-1.302 and 2-1.303 of Title 2, Chapter 1, Article 3 of the Los Banos Municipal Code.
Background:
Council previously discussed this matter at the March 4, 2026 Council Meeting and gave direction to City staff to bring back an Ordinance amendment regarding modification of the electeds’ compensation.
Discussion:
The City has the following elected positions: Mayor, four Council Members, the City Clerk and the City Treasurer.
In 2023, Governor Newsom signed into law Senate Bill 329 (“SB 329”) which is applicable to only members of Council and increased the maximum amount of salary that Council Members may receive. This legislation amended Government Code section 36516 and was intended to increase the compensation schedule for Council Members 195
ITEM 9B
in general law cites such as Los Banos. Government Code section 36516 allows cities to increase the compensation to adjust for inflation in order to help keep City Councils more diverse by allowing people from across different income levels to serve the public.
Government Code section 36516 authorizes a City Council to enact an ordinance to provide each member of the City Council a salary, with the maximum limit based upon the population of the City in accordance with a specific schedule. Each increase would require an Ordinance amendment and go into effect when new Council Members are seated.
According to DOF estimates as of January 1, 2025, the Los Banos population is 48,896.
As such, the Government Code allows for an increase for members of City Council up to and including one thousand two hundred seventy-five dollars ($1,275) per month. (See, Government Code section 36516 2 “(a) (1) A city council may enact an ordinance providing that each member of the city council shall receive a salary based on the population of the city as set forth in paragraph (2)… (2) The salaries approved by ordinance under paragraph (1) shall be as follows…(B) In cities over 35,000 up to and including 50,000 in population, up to and including one thousand two hundred seventyfive dollars ($1,275) per month.” Also, note that pursuant to Government Code section 36516.1, a mayor may be provided with compensation in addition to that which he/she receives as a Council Member. That additional compensation would be provided pursuant to Ordinance.
Pursuant to the Los Banos Municipal Code section 2-1.303, the current salary for City Council members is three hundred dollars ($300) per month and the current salary for the Mayor is four hundred dollars ($400) per month. This amount has remained unchanged for many years and is significantly below the maximum amount authorized by state law for cities with populations between 35,000 and 50,000.
Since Los Banos is a general law city, the increase for Council Members would go into effect following the next regular election in November 2026, when the newly elected Council Members are seated. However, directly elected Mayors (such as in Los Banos) are eligible to have increases go into effect during current terms.
If the Ordinance amendment is adopted, it would take effect 30 days after adoption for the Mayor, and would take effect following the next regular election for Council Members.
Should Council want to increase the salary of the City Clerk and/or the City Treasurer, it is recommended that a salary schedule be revised and approved for each position.
Fiscal Impact:
An increase in Council compensation to the maximum allowed of one thousand two hundred seventy-five dollars ($1,275) per month, would be an increase to each Council Member and the Mayor of $975.00 and $875.00 per month, respectively, charged to the general fund (fund 100), water admin fund (fund 501), wastewater admin fund (fund 196
502), and solid waste ad min fund (fund 510). Assuming the Mayor receives additional compensation, the additional fiscal impact would be: amount of Mayoral increase x 12.
Reviewed by:
- )-
Soknirorn Than, City Manager Minerva Moreno, Finance Director 197
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198
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY OF LOS BANOS AMENDING
SECTIONS 2-1.302 AND 2-1.303 OF TITLE 2, CHAPTER 1,
ARTICLE 3 OF THE LOS BANOS MUNICIPAL CODE TO
INCREASE ELECTEDS’ COMPENSATION
WHEREAS, the City Council enacts this ordinance pursuant to the authority granted cities by Article XI, Section 7 of the California Constitution; and WHEREAS, the purpose of this ordinance is to amend Sections 2-1.302 and 2-
1.303 of Title 2, Chapter 1, Article 3 of the Los Banos Municipal Code relating to the electeds’ compensation in the City of Los Banos; and
WHEREAS, the City has the following elected positions: mayor, four council members, the city clerk and the city treasurer; and
WHEREAS, in 2023, Governor Newsom signed into law Senate Bill 329 amending Government Code section 36516 which increased the maximum amount of salary that council members may receive; and
WHEREAS, Government Code section 36516 authorizes a city council to enact an ordinance to provide each member of the city council a salary, with the maximum limit based upon the population of the city in accordance with a specific schedule; and WHEREAS, because no ordinance can be enacted or amended to provide for automatic future increases, each increase would require an ordinance amendment and would go into effect when new council members are seated; and WHEREAS, according to Department of Finance estimates, as of January 1, 2025, the Los Banos population is 48,896; and
WHERAS, based on the City’s current population, the Government Code allows for an increase for members of City Council up to and including one thousand two hundred seventy-five dollars ($1,275) per month; and
WHEREAS, pursuant to Government Code section 36516.1, a mayor may be provided with compensation in addition to that which he/she receives as a council member; and
WHEREAS, Pursuant to the Los Banos Municipal Code section 2-1.303, the current salary for City Council members is three hundred dollars ($300) per month and the current salary for the Mayor is four hundred dollars ($400) per month; and WHEREAS, the City has not updated or revised code section 2-1.303 since 1989 (approximately 37 years ago).
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NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LOS BANOS DOES ORDAIN AS FOLLOWS:
Section 1. The City Council of the City of Los Banos hereby revises the following sections of Article 3, Chapter 1 of Title 2 of the Los Banos Municipal Code:
Section 2-1.302 that reads:
§ 2-1.302 Population. As of 2003, the latest estimate of population of the City made by the State Department of Finance is 29,139.
Is amended to read as follows:
2-1.302 Population. As of 2025, the latest estimate of population of the City made by the State Department of Finance is 48,896.
Section 2-1.302 that reads:
§ 2-1.303 Salaries. (a) Each member of the Council of the City shall receive as salary the sum of three hundred and No/100ths ($300.00) dollars per month, as is permitted in Section 36516 of the Government Code for cities "up to and including 35,000 population," which shall be payable at the same time and the same manner as the salaries are paid to other officers and employees of the City. (b) The Mayor shall receive a monthly salary of one hundred and No/100ths ($100.00) dollars, in addition to that which he or she receives as a Councilmember as permitted by Section 36516.1 of the Government Code.
Is amended to read as follows:
§ 2-1.303 Salaries. (a) Each member of the Council of the City shall receive as salary the sum of ________________and No/100ths ($_____.00) dollars per month, as is permitted in Section 36516 of the Government Code for cities up to and including 50,000 population, which shall be payable at the same time and the same manner as the salaries are paid to other officers and employees of the City. (b) The Mayor shall receive a monthly salary of ____________ and No/100ths ($__________) dollars, in addition to that which he or she receives as a Councilmember as permitted by Section 36516.1 of the Government Code.
Section 2. To the extent the terms and provisions of this Ordinance may be inconsistent or in conflict with the terms or conditions of any prior City ordinance, motion, resolution, rule or regulation governing the same subject, the terms of this Ordinance shall prevail with respect to the subject matter thereof and such inconsistent or conflicting provisions of prior ordinances, motions, resolutions, rules or regulations are hereby repealed.
Section 3. If any section, subsection, subdivision, paragraph, sentence, clause or phrase added by this Ordinance, or any part thereof, is for any reason held to be 200
unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses or phrases are declared unconstitutional, invalid or ineffective.
Section 4. pursuant to Government Code section 36516.5, a change in compensation does not apply to a council member during the council member’s term of office. This prohibition shall not prevent the adjustment of the compensation of all members of a council serving staggered terms whenever one or more members of the city council becomes eligible for a salary increase by virtue of the council member beginning a new term of office. As such, this Ordinance shall go into effect following the November 2026 General Election.
Section 5. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted and published once within fifteen days after passage and adoption as may be required by law; or, in the alternative the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five (5) days prior to the date of adoption of this Ordinance; and, within fifteen days after adoption, the City Clerk shall cause to be published, the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk.
Introduced by ______________ and seconded by ________________ on the 15th day of April, 2026.
Passed on the 15th day of April, 2026 by the following vote:
AYES:
NOES:
ABSENT:
ATTEST:
APPROVED:
__________________________
Michael S. Amabile, Mayor
ATTEST:
___________________________
Lucille L. Mallonee, City Clerk
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Agenda Staff Report
TO: Mayor and City Council Members
FROM: Minerva Moreno, Finance Director
DATE: April 15, 2026
TYPE OF REPORT: Consent Agenda
SUBJECT: Entering into a Professional Services Agreement with BAE Urban Economics, Inc. for a Market Rental Rate Study
______________________________________________________________________ Recommendation:
That the City Council adopt the Resolution approving a Professional Services Agreement with BAE Urban Economics, Inc. to complete a Market Rental Rate Study and authorize the City Manager to execute the Agreement.
Background:
Per City Council’s direction, the City would like to evaluate market rental rates to ensure that publicly owned properties and leased assets are priced appropriately, remain competitive, and reflect current market conditions. It was determined that a comprehensive rental rate analysis is warranted, as market conditions have likely changed due to factors such as economic trends, inflation, and regional development. To support informed decision making, staff initiated a process to retain a qualified consultant with expertise in real estate market analysis.
Discussion:
On March 11, 2026, the City released a Request for Proposals (RFP) soliciting the services of a qualified consultant to perform a Market Rental Rate Study. The submission deadline was April 1, 2026 and the City, through the office of the City Clerk, received two (2) proposals:
1. Valbridge Property Advisors / Northern California
2. BAE Urban Economics, Inc.
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ITEM 10
A selection committee conducted a thorough review and evaluation of all submitted proposals in accordance with the criteria outlined in the Request for Proposals (RFP).
Following this comprehensive assessment, the committee determined that BAE Urban Economics, Inc. demonstrated the qualifications, experience, and understanding of the project scope. As a result, the firm was ranked as the most qualified consultant to complete a Market Rental Rate Study as requested by the City.
BAE Urban Economics, Inc. is an award-winning urban economics and public-benefit real estate development consulting firm with extensive experience and specialized expertise in the field. The firm has demonstrated a strong track record in completing comparable studies for municipalities and public agencies. BAE proposed a comprehensive and datadriven methodology and submitted a competitive cost proposal, reflecting both technical competence and overall value to the City.
BAE Urban Economics, Inc. will conduct a rent survey and market comparable analysis consistent with the Uniform Standards of Professional Appraisal Practice (USPAP), which the firm uses as guiding standards. The scope of work includes: (1) convening a start-up meeting with City staff to confirm the project scope, refine data needs, and conduct site visits of subject properties; (2) preparing a comprehensive property inventory based on City-provided information, public data sources, and site inspections, including identification of logical groupings of comparable properties; and (3) performing market research and identifying comparable properties, including analysis of regional economic conditions, rental rates, vacancy trends, and applicable concessions or restrictions.
BAE will gather and review data from industry sources and local real estate professionals, inspect comparable properties, and work with City staff to confirm appropriate comparisons. For public and community-serving properties, the analysis may also include information from other public agencies and a review of policies related to reduced rent and cost recovery.
In addition, BAE will evaluate policy and financial considerations, recognizing that some properties may need to be offered at below-market rates to support nonprofit and community-serving uses. The firm will include a draft and final report, an executive summary, and a presentation to the City Council.
The proposed schedule anticipates completion of the work within approximately 60 days of contract execution.
Fiscal Impact:
The total cost of the proposal is $29,960. Appropriations have been included in the Fiscal Year 2025-26 budget under the Administration Department and will support the recommended agreement. The funding will be allocated in the General Fund account 100- 204
410-100-231 (Professional Services), Water Fund account 501-410-100-231 (Professional Services), Wastewater Fund account 502-410-100-231 (Professional Services), and Solid Waste Fund account 510-410-100-231 (Professional Services).
Reviewed by:
_________________________
Nirorn Than, City Manager
Attachments:
Resolution
Professional Service Agreement
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RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS APPROVING A
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF LOS BANOS AND BAE
URBAN ECONOMICS, INC. TO PERFORM A
MARKET RENTAL RATE STUDY AND
AUTHORIZING THE CITY MANAGER TO
EXECUTE THE AGREEMENT
WHEREAS, the City owns and/or manages various properties and facilities that are leased or rented; and
WHEREAS, it is in the best interest of the City to evaluate market rental rates to ensure that such properties are priced appropriately and reflect current market conditions; and
WHEREAS, the City desires to retain a qualified consultant to conduct a comprehensive Market Rental Rate Study; and
WHEREAS, the City solicited proposals from qualified firms and evaluated responses based on experience, qualifications, methodology, and cost; and WHEREAS, BAE Urban Economics, Inc. was determined to be the most qualified firm to perform the Market Rental Rate Study.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby approves the Professional Services Agreement with BAE Urban Economics, Inc. to perform a Market Rental Rate Study 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 15th day of April 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
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ATTEST:
___________________________
Lucille L. Mallonee, City Clerk
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PROFESSIONAL SERVICES AGREEMENT
FOR A MARKET RENTAL RATE STUDY
BAE Urban Economics, Inc.
THIS AGREEMENT is made and entered into this ____ day of ________ 2026, by and between the City of Los Banos, a municipal Corporation (herein referred to as “City”) and BAE Urban Economics, Inc. (herein referred to as “Consultant”).
RECITALS
A. WHEREAS, City proposes to have Consultant perform the services described herein below; B. WHEREAS, Consultant represents that it has that degree of specialized expertise contemplated within California Government Code, Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; C. WHEREAS, City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement;
D. WHEREAS, City and Consultant desire to contract for specific services described below and desire to set forth their rights, duties and liabilities in the services to be performed; and E. WHEREAS, no official or employee of City has a financial interest, within the provisions of California Government Code, Sections 1090-1092, in the subject matter of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:
1. Term. The term of this Agreement shall commence upon execution of this Agreement and City's issuance to Consultant a notice to proceed for all or a portion of the work and shall terminate upon City's acceptance and payment for all or such portion of the work as was authorized by such notice, unless terminated earlier as set forth herein.
2. Scope of Services. Consultant shall provide the professional services described in the City’s Request for Proposal (“RFP”) attached hereto as Exhibit A and incorporated herein by reference and Consultant’s Response to City’s RFP (the “Proposal”). A copy of said Proposal is attached hereto as Exhibit B and incorporated herein by this reference.
Notwithstanding services described above, the City may request and Consultant may agree to perform other services. The scope of such services and compensation shall be agreed to in writing, signed by both parties and shall become a part of this Agreement. 209
2.1. All professional services shall be performed by Consultant or under Consultant’s supervision. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional Consultants in accordance with sound professional practices.
2.2 Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.
3. Time of Performance. Time is of the essence in the performance of services under this Agreement and Consultant shall perform the services in accordance with the Project Schedule attached hereto as Exhibit B and incorporated herein by reference. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant’s reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed.
4. Compensation. City shall pay Consultant for the services on a time and expense notto-exceed basis in accordance with the provisions of this Section and the Pricing Proposal submitted by Consultant attached hereto as Exhibit C and incorporated herein by reference. Consultant’s compensation for all work performed in accordance with this Agreement, including all reimbursable items and sub Consultant fees, shall not exceed $29,960 unless authorized in writing by the City and approved by the City Council.
4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant’s bills shall include the name of the person who performed the work, a brief description of the services performed and the specific Task in the Scope of Services to which it relates, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. City shall pay Consultant no later than thirty (30) days after receipt of the monthly invoice by the City.
4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in advance by City. Unless otherwise approved, such costs shall be limited and in accordance with Schedule of charges set forth in the Proposal attached hereto as Exhibit C and incorporated herein by reference.
4.3 Consultant shall not receive any compensation for Additional Work without the prior written authorization of City. As used herein, “Additional Work” means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Additional Work shall be billed in accordance with the Billing Rates as set forth in Exhibit C and on the terms set forth in this Article 4. 210
5. Contract Administration. The City Manager shall have the authority to act for City under this Agreement. The City Manager or his/her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. Consultant shall designate a representative for purposes of this Agreement who shall have the authority to act for Consultant under this Agreement.
6. Project Managers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement. Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated the Finance Director, to be its Project Manager. Consultant shall not remove or reassign the Project Manager without the prior written consent of City. City’s approval shall not be unreasonably withheld.
7. Indemnification. When the law establishes a professional standard of care for Consultant’s Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend, and hold harmless City and any and all of its officials, employees and agents from and against any and all losses, liabilities, damages, costs, and expenses, including legal counsel’s fees and costs but only to the extent the Consultant (and its Sub consultants), are responsible for such damages, liabilities and costs on a comparative basis of fault between the Consultant (and its Sub consultants) and the City in the performance of professional services under this agreement.
Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend, and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel’s fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or City for which Consultant is legally liable, including, but not limited to officers, agents, employees, or subcontractors of Consultant.
Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney’s fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant.
In the event the City indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant’s performance of this agreement, the Consultant shall provide a defense to the City indemnitees, or at the City’s option, reimburse the City indemnitees their costs of defense, including reasonable legal counsels’ fees, incurred in defense of such claims.
8. Insurance. Without limiting Consultant’s indemnification of City, and prior to commencement of work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described 211
below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant 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 Agreement.
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. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance with limits of at least one million dollars ($1,000,000). Consultant 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. Consultant 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 two million dollars ($2,000,000) per occurrence, four million dollars ($4,000,000) general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Consultant’s general liability policies shall be primary and noncontributory, 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. Consultant 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 Consultant owns no vehicles, this requirement may be met through a non-owned auto endorsement to the CGL policy.
iv. Professional Errors and Omissions Insurance. Consultant shall maintain professional liability insurance that insures against professional errors and omissions that may be made in performing the Services to be rendered in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement, and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement. The cost of such insurance shall be included in Consultant's bid. 212
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 Consultant.
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 Consultant’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.
F. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
i. Additional Insured Status. The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 2037).
ii. Primary Coverage. For any claims related to this contract, the Consultant’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 12 19 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the entity, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies. iii. Umbrella or Excess Policy. The Consultant may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. The policies shall be 213
provided on a true “following form” coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. iv. Notice of Cancellation. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the Entity. v. Waiver of Subrogation. Consultant hereby grants to Entity a waiver of any right to subrogation which any insurer of said Consultant may acquire against the Entity by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer.
vi. Self-Insured Retentions. Self-insured retentions must be declared to and approved by the Entity. The Entity may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or Entity. vii. Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the Entity.
viii. Claims Made Policies (note – should be applicable only to professional liability, see below)
If any of the required policies provide claims-made coverage:
1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
8.1 Verification of Coverage
Consultant shall furnish the Entity with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause All required documents are to be received and approved by the Entity before work commences. However, failure to obtain the documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements, at any time.
8.2 Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.
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9. Nondiscrimination. In the performing of this Agreement, Consultant shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation race, religion, color, national origin, handicap, ancestry, sex or age.
10. Independent Contractor. It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant’s employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services.
10.1 The Consultant shall at all times remain an independent Contractor with respect to the services to be performed under this Agreement and shall be responsible for the payment of Federal and State Employer Withholding Taxes, Unemployment Insurance Taxes, FICA Taxes, Retirement, Life and/or Medical Insurance, and Worker’s Compensation Insurance for the employees of the Consultant or any other person performing services under this Agreement. Consultant and its employees are not entitled to the rights or benefits afforded to City’s employees, including disability or unemployment insurance, workers' compensation, medical insurance, sick leave, or any other employment benefit. Consultant agrees to indemnify and hold City harmless from any claims, costs, losses, fees, penalties, interest, or damages suffered by City as a result of any claim by any person or entity contrary to the provisions of this Section 10.
11. Ownership of Documents. All documents, information and materials of any and every type prepared by the Consultant pursuant to this Agreement shall be the property of the City. Such documents shall include but not be limited to all findings, reports, documents, information and data including, but not limited to, electronic media, computer tapes or discs, files, and tapes furnished or prepared or accumulated by the Consultant in performing work under this Agreement, whether completed or in process.
12. Confidentiality. All City information disclosed to Consultant during the course of performance of services under this Agreement shall be treated as confidential and shall not be disclosed to any other persons or parties except as authorized by City, excepting that information which is public record and subject to disclosure pursuant to the Public Records Act, or otherwise required by law. All documents, including drafts, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information, excepting that information which is public record and subject to disclosure pursuant to the Public Records Act, or otherwise required by law.
13. Access to Records. Consultant shall maintain all books, records, documents, accounting ledgers, and similar materials relating to work performed for City under this Agreement on file for at least three (3) years following the date of final payment to Consultant by City. Any duly 215
authorized representative(s) of City shall have access to such records for the purpose of inspection, audit and copying at reasonable times, during Consultant's usual and customary business hours.
Consultant shall provide proper facilities to City's representative(s) for access and inspection.
Consultant shall be entitled to reasonable compensation for time and expenses relate to such access and inspection activities, which shall be considered to be an additional service to the City, subject to the provisions of Section 4 hereinabove.
14. Conflict of Interest. The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City.
Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant’s violation of this Section.
Consultant represents that neither Consultant, nor any of its employees, agents or subcontractors, have a conflict of interest with respect to the work to be performed under this Agreement, nor shall such individuals, during this term of this Agreement, acquire any interest, which would conflict in any manner with the performances of services hereunder.
15. Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City.
Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant’s sole cost and expense.
16. Compliance with Laws, Rules, Regulations. Consultant shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers’ compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys’ fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant’s performance under this Agreement.
17. Integration; Amendment. This Agreement represents the entire understanding of City and Consultant as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered in it. This Agreement may not be modified or altered except by amendment in writing sign by both parties.
18. Severability. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of the Agreement shall continue to be in full force and effect. 216
19. Waiver/Validity. Consultant agrees that waiver by City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver of any other condition of performance under this Agreement. The acceptance by the City of the performance of any work or services by Contractor shall not be deemed to be a waiver of any term or condition of this Agreement.
20. Jurisdiction. City and Consultant agree that the law governing this Agreement shall be that of the State of California. Any suit brought by either party against the other arising out of the performance of this Agreement shall be filed and maintained in the County of Merced.
21. Notice. Any notices required to be given pursuant to this Agreement shall be deemed to have been given by their deposit, postage prepaid, in the United States Postal Service, addressed to the parties as follows:
To City:
City of Los Banos
520 J Street
Los Banos, California 93635
Attn: Finance Director
To Consultant:
BAE Urban Economics, Inc.
2030 Addison Street, Suite 640
Berkeley, CA 94704
Attn: David Shiver, Principal
Nothing hereinabove shall prevent either City or Consultant from personally delivering any such notices to the other.
22. Termination. City may, in its sole discretion, terminate this Agreement at any time and for any reason whatsoever by giving written notice of such termination to Consultant. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. In the event of such termination, Consultant shall be entitled to compensation for all services rendered and work performed for City to the date of such termination.
23. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of the RFP or the Response, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over both the Response and the RFP and the Response shall govern over the RFP.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates set forth below.
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BAE Urban Economics, Inc.
Date: , 2026
by: David Shiver, Principal
CITY OF LOS BANOS, a California
municipal corporation
Date: , 2026
by: Soknirorn Than, City Manager
ATTEST:
CITY CLERK
Lucille L. Mallonee, City Clerk
APPROVED AS TO FORM:
Mary Lerner
City Attorney
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i
REQUEST FOR PROPOSALS
Market Rental Rate Study
RFP Release Date
March 11, 2026
Proposal Submittal Deadline
April 1, 2026 - 4:00 p.m.
Contact Person:
Minerva Moreno
Finance Director
City of Los Banos
520 J Street
Los Banos, CA 93635
(209) 827-7000
[email protected]
520 J Street • Los Banos, CA 93635 • (209)-827-7000 • FAX (209) 827-7006 • www.losbanos.org ([KLELW$
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ii
REQUEST FOR PROPOSALS
Market Rental Rate Study
NOTICE IS HEREBY GIVEN that the City of Los Banos (“City”) is issuing this Request for Proposal (“RFP”) for a Market Rental Rate Study of City-owned facilities available for public and private rental.
Proposers are solely responsible for ensuring proposals are received by the City on or before the submittal deadline. Proposals must be received no later than 4:00 p.m., on April 1, 2026, at the following address:
City of Los Banos
Attn: City Clerk’s Office
520 J Street
Los Banos, CA 93635
An original copy must be signed by a representative authorized to bind the company. Proposals submitted by facsimile or email are not acceptable and will not be considered. The original signed proposal and two (2) duplicates are to be submitted in sealed packages with the name of the Proposer and RFP title clearly marked on the outside of the package.
Failure to comply with the requirements set forth in this RFP may result in disqualification. Proposals and/or modifications received subsequent to the hour and date specified above will not be considered.
Submitted proposals may be withdrawn at any time prior to the submission time specified in this RFP, provided notification is received in writing before the submittal deadline. Proposals cannot be changed or withdrawn after the submittal deadline. No handwritten notations or corrections will be allowed.
The responding Proposer is solely responsible for all costs related to the preparation of the proposal.
The City reserves the right to reject all proposals and to waive any minor informalities or irregularities contained in any proposal. Acceptance of any proposal submitted pursuant to this RFP shall not constitute any implied intent to enter into a contract.
The contract award, if any, will be made to the firm who, in the City’s sole discretion, is best able to perform the required services in a manner most beneficial to the City.
Please submit all inquiries to [email protected]. 220
iii
Table of Contents
Introduction............................................................................................................................................1 Background............................................................................................................................................1 Project Schedule ....................................................................................................................................1 Scope of Services...................................................................................................................................2 A. Property Inventory Review....................................................................................................2 B. Market Research and Comparable Analysis........................................................................2 C. Rental Rate Determination ....................................................................................................2 D. Policy and Financial Considerations.....................................................................................2 E. Deliverables..............................................................................................................................2 General...................................................................................................................................................3 Proposal Format and Content ................................................................................................................3 Criteria for Selection..............................................................................................................................4 Proposal Requirements ..........................................................................................................................5 General Requirements............................................................................................................................5 Format for Proposal ...............................................................................................................................5 Special Conditions-EXHIBIT 1............................................................................................................. i Contract and Insurance Requirements. .............................................................................................. i Reservations....................................................................................................................................... i Public Records. ................................................................................................................................. ii Right to Cancel and Amend.............................................................................................................. ii Additional Information. .................................................................................................................... ii Conflict of Interest............................................................................................................................ ii Release of Public Information. ......................................................................................................... ii Non-Assignment. .............................................................................................................................. ii Collusion........................................................................................................................................... ii Debarment........................................................................................................................................ iii Equal Employment Opportunity Compliance. ................................................................................ iii Right to Audit. ................................................................................................................................. iii Property Listing-EXHIBIT 2 ............................................................................................................... iv Professional Services Agreement-EXHIBIT 3 ......................................................................................v 221
RFP: Market Rental Rate Study
1 Introduction
The City of Los Banos (“City”) is requesting sealed proposals for a Market Rental Rate Study. All proposals must be received by the City, no later than 4:00 p.m. on April 1, 2026. Late proposals will not be considered. The original signed proposal and two (2) duplicates are to be submitted in sealed packages with the name of the Consultant and Proposal for Market Rental Rate Study clearly marked on the outside of the package.
Proposals must be responsive to City’s request. The City shall determine the most responsive and qualified consultant providing the best service at the most reasonable cost. Cost alone shall not be the determinative factor.
The request for proposals does not obligate the City to award a contract or complete the project and the City reserves the right to cancel the solicitation if deemed in its best interest.
Background
The City of Los Banos, population 48,896 is situated on the west side of Merced County and is the county’s second largest City. The City is conveniently located in the center of California and is about two hours from the cities of San Francisco, Oakland and Sacramento, as well as Yosemite National Park. The City is organized into departments that provide a full range of municipal services, including police, fire, public works, community and economic development, and administration.
The City of Los Banos operates under the Council-Manager form of government, with a five-member City Council comprised of four Council Members elected by district with overlapping terms of four years and a Mayor elected at large for a term of two years. The City Council appoints the City Manager and City Attorney. The City is also served by a City Treasurer and City Clerk, both of whom are elected officials. The City is organized into departments that provide a full range of municipal services, including police, fire, public works, parks and recreation, community and economic development, and administration. The City’s 2025-26 adopted General Fund budget is $28 million, and the total City budget is $129 million.
While certain rental rates have been periodically adjusted throughout the years, a market rental rate study has not previously been conducted. Therefore, the purpose of this study is to establish defensible, market-supported rental rates for City-owned properties and ensure alignment with fair market value, public policy objectives, and financial sustainability.
Project Schedule
Below is a desired schedule for initiation of this project; however, dates may be subject to change and adjusted as necessary.
RFP Issued March 11, 2026
Request for Clarifications due March 25, 2026
Clarification Responses Provided March 27, 2026
Proposal Submittal Deadline April 1, 2026
Oral Interviews (conducted at City’s discretion) April 6, 2026 (week of) Contract awarded by City Council April 15, 2026
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RFP: Market Rental Rate Study
2 Scope of Services
Project tasks shall include, but are not necessarily limited to, the following described below. If the firm feels that additional tasks are warranted, they must be clearly identified in the firm’s proposal.
Firms responding to this RFP shall be prepared to deliver services and perform the work necessary to provide the services within six to nine months after the initiation of the project. The project consists of furnishing all labor, materials, supervision, and travel necessary to complete the tasks outlined below. The City-owned properties included in this study can be found on Exhibit 2.
A. Property Inventory Review
x Review City-provided property data, including:
o Square footage
o Current rents and lease terms
o Tenant types
o Operating and maintenance costs
o Capital investment history
x Conduct site visits as necessary.
B. Market Research and Comparable Analysis
x Identify comparable properties within the regional market. x Analyze:
o Rental rates (per square foot or other relevant unit) o Lease structures (gross, modified gross, percentage rent, etc.) o Concessions and incentives
o Vacancy rates and absorption trends
x Adjust comparables for location, condition, size, and use differences.
C. Rental Rate Determination
x Establish market-supported rental rate ranges.
x Provide recommended target rates.
x Identify phased adjustment strategies, if applicable.
D. Policy and Financial Considerations
x Address:
o Subsidized or below-market policy considerations
o Nonprofit and community-serving tenant impacts
o Cost recovery vs. revenue maximization strategies
x Provide alternative scenarios (e.g., full market, blended rate, policy-adjusted rate).
E. Deliverables
The consultant shall provide:
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3 1. Draft report
2. Final report (PDF and editable format)
3. Executive summary suitable for City Council presentation
4. Presentation to City staff and/or City Council
5. Data appendix with comparable property details
General
The Consultant may recommend other tasks that it deems appropriate to achieve the objectives set forth in this RFP.
The successful respondent shall be required to retain all working papers and related supporting documents, including records of professional time spent, for a period of five years after delivery of the required reports, unless notified in writing by the City of the need to extend the retention period. The Consultant further agrees to allow City staff to review such documents upon written request at any time during the retention period.
Note: Exhibit 1 sets forth the special conditions applicable to this project.
Proposal Format and Content
The Consultant shall be responsible for preparing an effective, clear, and concise proposal. The City is requesting three (3) bound paper copies of the proposal, which must contain at a minimum the following information:
1. Letter of Interest: Please include a letter expressing the Consultant’s interest in being considered for the project. Include a statement regarding the consultant’s availability to dedicate time, personnel, and resources to this effort. The letter of interest must include a commitment to the availability of the Consultants and all key project staff during the planning period and a proposed schedule designed to meet the City’s needs for the Project.
2. Project Understanding and Approach: Please include a statement demonstrating your understanding of the proposed project. Describe your approach to completing the project successfully; methodologies and technologies you would employ; key milestones and processes you would employ. Describe what information you would expect the City to supply.
3. Relevant Experience: Please include information describing the Consultant’s experience with Market Rental Rates, including studies completed for other public agencies. Please provide a minimum of five (5) specific examples of the Consultant’s relevant experience on Market Rental Rate Studies. At a minimum, the Consultant should provide a list of the most recent projects for which the Consultant has performed similar services of similar size, scope, and complexity. Include the name, contact person, address, phone number and/or e-mail of each party for whom the service was provided, as well as a description of the service performed, the dollar amount of the contract, and the date of performance.
4. Project Manager/Key Staff: Please include information about the specific relevant experience and billing rates for the proposed Project Manager and all other applicable staff. A Project Manager must be designated and must be the principal contact for the City. Information on 224
RFP: Market Rental Rate Study
4 the experience of the Project Manager (on similar projects) and at least two references for the Project Manager.
5. Proposed Scope of Services: Please provide a Proposed Scope of Services, which is based on the Scope of Work contained in this RFP; and discuss any ideas for modifying, clarifying, or improving the City’s proposed scope of work. Provide a realistic working schedule with key deliverables, milestones and tasks.
6. Conflict of Interest Statement: The firm shall disclose any financial, business, or other relationship with the City that may have an impact upon the outcome of this contract. Particular attention should be paid to compliance with Government Code section 1090.
7. Comments on or Requested Changes to Contract: The City standard professional services contract is included as Attachment 2 to this Request for Proposals. The proposing firm shall identify any objections to and/or request changes to the standard contract language in this section.
8. Cost Proposal: In a separate envelope marked cost Proposal, provide the following:
a. Total All-Inclusive Not To Exceed Maximum Price: The cost proposal should contain all pricing information relative to performing the scope of work as described in this request for proposals. The total all-inclusive maximum not to exceed price is to contain all direct and indirect costs including all out-of-pocket expenses. Provide a budget for each major milestone for the entire scope of services. The proposed budget should be inclusive of all meetings, conference calls, site visits and deliverables. The budget should include a list of anticipated reimbursable expenses with rates charged for each. b. Manner of Payment: Progress payment will be made on the basis of hours of work completed during the course of the engagement and out-of-pocket expenses incurred in accordance with the consultant’s proposal. Interim billings shall cover a period of not less than a calendar month.
Criteria for Selection
A two-step analysis will be employed.
Proposals will initially be evaluated by Staff to verify the qualifications of the consultant and the appropriateness of the proposal for meeting the City’s needs. The proposals which are found qualified based on this initial evaluation will be reviewed for the costs proposed. The City reserves the right to interview any or all responding firms and/or to award a contract without conducting interviews.
A recommendation for consultant selection will be made to the City Council based on Staff’s “best value” evaluation of the proposals/qualifications, which will take into account the consultant’s team’s qualifications, comparable experience and cost, as well as consultant’s availability to undertake the project, complete the tasks timely and deliver a high-quality work product, ability to comply with the City’s standard professional services agreement.
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RFP: Market Rental Rate Study
5 All interested parties are encouraged to submit proposals to the RFP, as the award is not based solely on the lowest cost proposal submitted. Total cost will be taken into consideration, but the Consultant’s capabilities, competence and capacity will be considered as well. The City reserves the right to choose the overall best firm according to the City’s criteria. The City, and its designated representatives, shall be the sole judge of its own best interest, the proposal, and the resulting negotiated agreement. The City’s decisions will be final.
The above factors, along with other factors that the City may deem appropriate, will be used to identify the proposal that represents the best value, which will be the basis for the contract award. The decision of whether to award a contract and selection of a consultant will be in the sole discretion of the City Council.
Proposal Requirements
General Requirements
The City will not give verbal answers to clarifications regarding information in this RFP, or verbal instructions prior to the submission deadline. All clarifications shall be submitted in writing. A verbal statement regarding same by any person shall be non-binding. The City is not liable for any increased costs resulting from the Consultant accepting verbal directions. Any explanation desired by a Consultant must be requested of the City representative in writing no later than March 25, 2026 at 5:00 p.m.
Inquiries concerning the Request for Proposals and the subject of the Request for Proposals must be made to:
Minerva Moreno
Finance Director
520 J Street
Los Banos, CA 93635
(209) 827-7000
[email protected]
Submission of Proposal: Proposals submitted by facsimile or emails are not acceptable and will not be considered. The original signed proposal and two (2) duplicates are to be submitted in sealed packages with the name of the Consultant and RFP title clearly marked on the outside of the package.
The Proposal shall be received by City Clerk’s Office of the City of Los Banos by 4:00 p.m. on April 1, 2026 for a proposal to be considered. The Proposal should address the items listed below. The Proposal should be addressed as follows:
City of Los Banos
City Clerk’s Office
520 J Street
Los Banos, CA 93635
Format for Proposal
To facilitate the review of responses, all responses are required to adhere to the following requirements with regard to their proposal. The City strongly encourages respondents to ensure that RFP submissions are succinct and clearly organized. If the proposal is not in this format or does not include 226
RFP: Market Rental Rate Study
6 all of the listed items, it may be deemed non responsive. For ease of handling, all responses are to be provided in a standard 8 ½” x 11” portrait format with binding on the left-hand edge.
1. Title Page showing the request for proposals subject; the firm’s name; the name, address and telephone number of the contact person; and the date of the proposal.
2. Table of Contents identifying the materials submitted by section and page number.
3. Detailed Proposal following the order set forth in the Proposal Content.
4. Provide a timeline for the Market Rental Rate Study, indicating dates for completion of the final report.
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i
EXHIBIT 1
Special Conditions
Contract and Insurance Requirements.
The selected consultant shall be required to enter into a city-prepared Professional Services Agreement approved by the City Attorney. Consultants shall be prepared to accept the terms and conditions of the City’s Standard Professional Services Agreement including all Insurance Requirements. The successful Consultants bid and the terms and conditions stated in this RFP will be made part of the contract between the City of Los Banos and the Consultant. This RFP outlines the specifications and requirements, but not necessarily all of the terms and conditions that will be incorporated into the final agreement between the City of Los Banos and the successful Consultant. x General Liability. Consultant 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 two million dollars ($2,000,000) per occurrence, four million dollars ($4,000,000) general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Consultant’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. x Workers’ Compensation. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance with limits of at least one million dollars ($1,000,000). Consultant 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. x Auto Liability. Consultant 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 Consultant owns no vehicles, this requirement may be met through a non-owned auto endorsement to the CGL policy
x Professional Liability. Consultant shall maintain professional liability insurance that insures against professional errors and omissions that may be made in performing the Services to be rendered in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement, and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement. The cost of such insurance shall be included in Consultant's bid.
Reservations.
This RFP does not commit the City to award a contract, to defray any costs incurred in the preparation of a proposal pursuant to this RFP, or to procure or contract for work. No payment of any kind will be provided to the Consultant responding to this RFP, or parties they represent, for obtaining any of the information solicited.
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ii
Public Records.
All proposals submitted in response to this RFP become the property of the City. Information in the proposal, unless specified as trade protected, may be subject to public review. Any information contained in the proposal that is proprietary must be clearly designated. Marking the entire proposal as proprietary will be neither accepted nor honored. Proprietary information submitted in response to this RFP will be handled in accordance with the California Public Records Act.
Right to Cancel and Amend.
The City reserves the right to cancel, for any or no reason, in part or in its entirety, this RFP, including but not limited to: selection schedule, submittal date, and submittal requirements. If the City cancels or revises the RFP, all Consultants will be notified in writing.
Additional Information.
The City reserves the right to request additional information and/or clarification from any or all Consultants.
Conflict of Interest.
Consultant covenants that the company, its officers, employees and/or agents presently have no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services requested herein by the City.
Consultant further covenants that, in the performance of any contract or agreement resulting from this RFP, no subcontractor or person having such an interest shall be employed. Consultant certifies that to the best of Consultant’s knowledge, no one who has or will have any financial interest under any contract or agreement resulting from this RFP is an officer or employee of the City.
Release of Public Information.
Consultants who respond to this RFP who wish to release information to the public regarding selection, contract award or data provided by the City must receive prior written approval from the City before disclosing such information to the public.
Non-Assignment.
If a contract is awarded, the selected Consultant shall neither assign, nor delegate, in part or in whole, any duties without the prior written consent of the City which shall not be unreasonably withheld.
Collusion.
Each Consultant certifies that the company, its officers, employees and/or agents are not a party to any collusive action, fraud, or any action that may be in violation of the Sherman Antitrust Act. The Consultant certifies that the company, its officers, employees and/or agents have not offered or received any kickbacks or inducements from any other bidding Consultant, supplier, manufacturer, or subcontractor in connection with the proposal and that the company, its officers, employees and/or agents have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services, or anything of more than nominal value. Any or all bids shall be rejected if there is any reason to believe collusion exists among the bidding Consultants. More than one bid from an individual, firm, partnership, corporation, or association under the same or different names may be rejected. Reasonable grounds for believing 229
RFP: Market Rental Rate Study
iii
that a bidding Consultant has interest in more than one proposal for the work being proposed may result in rejection of all bids in which the bidding Consultant is believed to have interest.
Debarment.
By submitting a proposal, the Consultant certifies that the company is not currently debarred from submitting proposals and/or bids for contracts issued by any City or political subdivision or agency of the State of California, and that it is not an agent of a person or entity that is currently debarred from submitting proposals and/or bids for contracts issued by any City or political subdivision or agency of the State of California.
Equal Employment Opportunity Compliance.
The selected Consultant shall not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The Consultant shall take affirmative action to ensure that all employees and applicants for employment shall be treated with equality in all aspects of employment processes including, but not limited to, hiring, transfer, promotion, training, compensation and termination, regardless of their race, creed, color, sex, national origin, age, or physical handicap.
Right to Audit.
The selected Consultant shall maintain such financial records and other records as may be prescribed by the City or by applicable federal and state laws, rules, and regulations. The selected Consultant shall retain these records for a period of three years after final payment, or until they are audited by the City, whichever event occurs first. These records shall be made available during the term of the contract or service agreement and the subsequent three-year period for examination, transcription, and audit by the City or its designees.
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iv
EXHIBIT 2
Property Listing
City of Los Banos
List of Properties
PROPERTY LOCATION
City Hall 520 J St
Ranchwood Building 515 Stonewood Dr
College Greens Building 1815 Scripps Dr
Miller & Lux 830 6th Street
Rec Hall 903 E. Pacheco Blvd
Scout Hut 905 1/2 E. Pacheco Blvd
Community Center 645 7th St
Colorado Ball Park Fields 815 Colorado Ave
Ag Sports Complex Fields 700 N Mercey Springs Rd
Noah Jones Ball Park 401 7th St
Oliveira Park Soccer Fields 1115 Cardoza Rd
Park Green Space Various Parks throughout the City
WWTP Land APN 454-020-001 - 50 acre
WWTP Land
APN's 082-020-038;073-210-001;073-220-
005;073-220-006
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232
Exhibit B
233
234
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249
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250
urb •
n econom1
COST PR p AL
BAE proposes a budget of $29,960 to complete the Market Rental Rate Study scope of work. This sum is an inclusive maximum not to exceed price that contains all direct and indirect costs, including data and all out-of-pocket expenses. The budget is presented below with hours and tasks broken out by staff members.
This budget is inclusive of all meetings, conference calls, site visits and deliverables.
Reimbursable expenses are milage at the 2026 IRS reimbursement rate. This budget assumes one trip for engagement start up, one trip to tour comparable properties, and one onsite presentation. If the City desires a online presentation format for the final presentation, BAE can adjust the hours and budget for Task 5 and corresponding mileage charge.
City of Los Banos Market Rental Rate Survey Study
hourly rates
Taisks
Task 1: Start-Up Meeting and Tour of Properties
Task 2: Property Inventory Review
Task 3: Market Research and Com parables Identification Task 4: Rental Rate Determination
Task 5: Policy and Financial Considerations, Final Report, and Presentation
Subtotal Labor
Reimbursable Expenses
Mleage (3 trips@230 miles [email protected] cents/mile)
Subtotal Reimburseable Expenses
Totals
David
Shiver
PrlnciPal
$320
5 2
4 6
8 12
BAE Urban Economics, Inc.
Chelsea
G.aerrero
Vice
President Associate Analyst
$290 $180 $125
5 0 0
6 0 8
12 30 30
8 0 0
8 0 0
24 50 48
Any work beyond the scope of work will be charged at BAE's hourly rates. l)��""- >k"ve.,1 Pr�"'c, p<Vt
C ,j A ar•
v,ww.bae1.corn
Total Cost
$3,050
$3,380
$13,910
$4,240
$4,880
$29,460
� �
$29,9601
th ,
Exhibit C
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252
Agenda Staff Report
TO: Mayor Michael Amabile and City Council Members
FROM: Nirorn Than, City Manager
DATE: April 15, 2026
TYPE OF REPORT: Agenda Item
SUBJECT: Employment Agreement for Human Resources Director – Isabel Carlos ______________________________________________________________________ Recommendation:
That the City Council approve a Resolution ratifying the Employment Agreement for Human Resources Director Isabel Carlos.
Discussion:
The City went through a comprehensive recruitment and screening process to identify the best-qualified candidate to the Human Resources Director position, for which Isabel Carlos has been selected by the City Manager to be the City’s next Human Resources Director. Pursuant to the City Manager’s appointment authority under the Los Banos Municipal Code Section 2-3.115, the City Manager has evaluated Ms. Carlos’s knowledge, experience, administrative skills, and ability to serve as the Human Resources Director and has determined that Ms. Carlos has the necessary education, experience, skills and expertise.
As the Human Resources Director, Ms. Carlos will be responsible for planning, organizing, and directing all Citywide human resources functions, including payroll administration, risk management, and workforce development. She will develop and implement personnel policies and procedures; oversee recruitment, classification and compensation, benefits administration, employee training, labor relations, and regulatory compliance; and manage workers’ compensation, liability claims, and City safety programs. She will also prepare and administer the department budget, supervise assigned staff, lead labor negotiations, and the administration of memoranda of 253
ITEM 11
understanding, and ensure effective employee relations and performance management.
She will provide professional guidance to the City Manager, City Council, and City Attorney, represent the City in labor and professional forums, and promote organizational effectiveness, leadership development, and continuous improvement across City operations.
It is also worth noting that Ms. Carlos has joined the City’s executive team as an Interim Human Resources Director since January 26, 2026 under the MuniTemp Staffing Agency.
She has been a key player in handling on-going worker compensation cases, risk management, and various recruitments.
Ms. Carlos’s Employment Agreement includes the following key provisions:
• Effective Date: April 16, 2026
• Base Salary: $179,562.00 annually
• Medical / Dental / Vision / Life Insurance packages to the same extent as other exempt management employees hired after April 1, 2010.
• Retirement: Contribute a percentage of Employee’s reportable wages to the California Public Employees’ Retirement System (CalPERS) for the retirement plan she is eligible for: Eight point two-five percent (8.25%) of Employee’s reportable wages for the 2% at age 62 formula (Mise PEPRA). • Retiree Health: When eligible, the City will provide access to medical insurance coverage for those employees who retire from employment with the City and who constitute “annuitants” as defined by the PEMHCA and consistent with City policy. • Vacation/Sick Leave: Accrual of one hundred twenty (120) hours of annual vacation leave each year of employment, accruing ten (10) hours a month, and accumulate a maximum of two-hundred forty (240) hours. Employee will be frontloaded forty (40) hours of Sick Leave.
• Administrative Leave: Twelve (12) workdays off, with full salary and benefits, during every fiscal year of employment. Every July 1st, ninety six (96) hours are accrued and may not be carried over. Employee will receive a pro-rated amount based on hire date.
Reviewed by:
_______________________________ _______________________________ Soknirorn Than, City Manager Minerva Moreno, Finance Director Attachments:
1. Resolution
2. Employment Agreement
254
RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LOS BANOS RATIFYING THE CITY MANAGER’S
APPROVAL OF THE EMPLOYMENT AGREEMENT
WITH THE HUMAN RESOURCES DIRECTOR ISABEL
CARLOS
WHEREAS, the City is in need of the services of a Human Resources Director and the City has engaged in a comprehensive recruitment and screening process to identify the best qualified candidate to fill the position; and WHEREAS, after conclusion of the recruitment process, the City Manager has selected Minerva Moreno as the City’s next Finance Director and has negotiated the terms of the employment agreement; and
WHEREAS, pursuant to his appointment authority under the Los Banos Municipal Code Section 2-3.115 the City Manager has evaluated Isabel Carlos’s knowledge, experience, administrative skills, and ability to serve as the City's Human Resources Director, and has determined that she has the necessary education, experience, skills and expertise to serve in this position; and WHEREAS, the City desires to employ Isabel Carlos as Human Resources Director; and
WHEREAS, Isabel Carlos desires to accept the employment as Human Resources Director; and
WHEREAS, the parties desire to enter into a written agreement setting forth the terms and conditions of Isabel Carlos’s employment with the City of Los Banos; and
WHEREAS, the City Attorney has reviewed the Human Resources Employment Agreement.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Los Banos hereby ratifies the City Manager’s selection and appointment of Isabel Carlos for the position of Human Resources Director pursuant to the City Manager's appointing power under Los Banos Municipal Code Section 2-3.115, and the City Council hereby approves the Employment Agreement for Isabel 255
Carlos to serve as Human Resources Director of the City of Los Banos as presented in Exhibit A.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 15th day of April, 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
256
1 CITY OF LOS BANOS
EMPLOYMENT AGREEMENT
Department Head – Human Resources Director
This Employment Agreement (“Agreement”) is made and entered into as of this ______ day of April, 2026, by and between the City of Los Banos, a California municipal corporation, ("City"), and Isabel Carlos("Employee"). City and employee may individually be referred to herein as “Party” or collectively as “Parties”.
RECITALS
1. The City is in need of the services of a Human Resources Director and the City has engaged in a screening process to identify the best-qualified candidate to fill the Human Resources Director position.
2. Pursuant to his appointment authority under the Los Banos Municipal Code Section 2-3.115 the City Manager has evaluated Employee's knowledge, experience, administrative skills, and ability to serve as the City's Human Resources Director, and has determined that the Employee has the necessary education, experience, skills and expertise to serve as the City's Human Resources Director.
3. The City desires to employ Employee as the Human Resources Director.
4. Employee desires to accept the employment as Human Resources Director.
5. The parties desire to enter into a written agreement setting forth the terms and conditions of Employee’s employment as Human Resources Director.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows:
1. Appointment and Employment
The City Manager hereby appoints Employee to the position of Human Resources Director of the City of Los Banos pursuant to the City Manager's appointing power under Los Banos Municipal Code Section 2-3.115, and the City Council hereby approves this Agreement for Employee to serve as Human Resources Director of the City of Los Banos. Employee accepts such appointment and employment pursuant to the terms of this Agreement.
2. Term of Employment
(a) This Agreement shall become effective as of April __, 2025 and continue until terminated as provided for in this Agreement.
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2 3. Salary and Benefits
(a) Salary: City agrees to pay Employee an annual base salary of $179,562 ($14,963.50 per month) payable in equal semi-monthly installments at the same time and in the same manner that other City employees are paid. This salary shall be effective as of April __, 2025.
Subject to a satisfactory annual performance evaluation (in accordance with Section 6 herein), the City Manager may grant, in his/her sole discretion, an increase in the annual base salary.
The annual base salary may only be reduced at the same time and in the same percentage as any across-the-board reduction that is imposed upon other management employees in the City. (b) Cost of Living Adjustment: Employee shall be entitled to the same percentage cost of living adjustment (COLA) as other Unrepresented/Miscellaneous Employees. (c) Except as otherwise provided in this Agreement, Employee shall be entitled to receive all benefits as they now exist or may hereinafter be provided to other Management employees of the City as set forth in the Summary of Compensation and Terms of Employment for City of Los Banos Unrepresented Employees, including any changes or modifications to said benefits. Eligibility and benefits will be as determined by the applicable laws, regulations and plan documents.
(1) Medical / Dental / Vision / Life Insurance: Employee shall be provided medical / dental / vision / life insurance packages to the same extent as other exempt management employees hired after April 1, 2010. Benefit levels and eligibility for benefits are defined in the contracts between the insurance providers and the City. (See, Chapter IV of the Summary of Compensation and Terms of Employment for City of Los Banos Unrepresented Employees).
Employees who opt out of participating in the group medical plans sponsored by the City, and who provide proof of their medical coverage in a group plan, will receive a Cafeteria Plan Allowance of $400 per month, of which part must be used to enroll in mandatory life insurance, dental insurance and vision insurance coverage. (See, Chapter IV of the Summary of Compensation and Terms of Employment for City of Los Banos Unrepresented Employees). (2) Retirement: For Fiscal Year 2025/2026, Employee must contribute a percentage of Employee’s reportable wages to the California Public Employees’ Retirement System (CalPERS) for the retirement plan he is eligible for:
Seven percent (7%) of Employee’s reportable wages for the 2% at age 60 formula (Misc 2nd Tier); OR
Eight point two-five percent (8.25%) of Employee’s reportable wages for the 2% at age 62 formula (Misc PEPRA). This percentage is subject to change each fiscal year in accordance with CalPERS actuarial and reporting requirements.
258
3 The terms of the contract between the City and CalPERS shall govern the eligibility for and level of benefits, if any, to which Employee is entitled. Employee contribution to CalPERS is tax deferred. (See, Chapter VI of the Summary of Compensation and Terms of Employment for City of Los Banos Unrepresented Employees).
(3) Retiree Medical/Retirement Health Savings Plan. When eligible, the City will provide access to medical insurance coverage for those employees who retire from employment with the City and who constitute “annuitants” as defined by the PEMHCA. (See, Chapter VI of the Summary of Compensation and Terms of Employment for City of Los Banos Unrepresented Employees)
(4) Deferred Compensation: Employee may participate at his/her own expense in the City’s deferred compensation. (See, Chapter V of the Summary of Compensation and Terms of Employment for City of Los Banos Unrepresented Employees). (5) Tuition Reimbursement: Tuition (education related expenses) will be reimbursed in accordance with policy upon successful completion of courses up to $3,000.00 per fiscal year. (See, Chapter VII of the Summary of Compensation and Terms of Employment for City of Los Banos Unrepresented Employees).
(6) Sick Leave: Sick leave shall be accrued at eight (8) hours per month. (See, Section 7003 of Division 7 of the City of Los Banos Personnel Rules). Employee shall also be frontloaded forty (40) hours of sick leave.
(7) Vacation Leave: Employee shall be entitled to vacation accrual of one hundred twenty (120) hours of annual vacation leave each year of employment, accruing ten (10) hours a month, and accumulate a maximum of two hundred forty (240) hours. Employee shall be entitled to any vacation buyback program applicable to other exempt management employees. (See, Section 8008 of Division 8 of the City of Los Banos Personnel Rules.
(8) Education Incentive Pay: Employee shall be entitled to education incentive pay in accordance with the following formula. (See, Section 11004 of Division 11 of the City of Los Banos Personnel Rules).
$100 per month for AA/AS; or
$175 per month for BA/BS; or
$225 per month for MA/MS
(9) Bilingual Incentive Pay: If eligible, Employee shall be entitled to bilingual incentive pay in accordance with the following formula. (See, Section 15004 of Division 15 of the City of Los Banos Personnel Rules).
$50 per month for Basic Verbal Skills; or
$100 per month for Comprehensive Verbal Skills; or
$150 per month for Written presentation Skills
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4 (10) Administrative Leave: Employee shall receive twelve (12) work days off, with full salary and benefits, during every fiscal year of employment. Every July 1st, ninety-six (96) hours are accrued and may not be carried over. Employee shall receive a pro-rated amount based on hire date. (See, Chapter VII of the Summary of Compensation and Terms of Employment for City of Los Banos Unrepresented Employees).
(11) Professional Development: City shall budget and shall pay, as stated in the approved budget, for reasonable travel and training expenses of Employee for professional and official travel, meetings, and occasions. The amount shall be adequate to continue the professional development of Employee and to adequately pursue necessary official and other functions for City. (12) Holidays: Employee shall be entitled to Holidays to the same extent as other exempt management employees. (See, Division 10 of the City of Los Banos Personnel Rules). (13) State Disability Insurance: The City participates in the State Disability Insurance (SDI) Program for all employee groups. Payment of SDI premiums is the responsibility of participating employees. (See, Division 12 of the City of Los Banos Personnel Rules). (d) No Reduction of Benefits: City shall not at any time during the term of this Agreement reduce the salary, compensation or other benefits of Employee, except to the degree of such reduction for all management employees at the department head level. (e) Dues and Subscriptions: City shall budget and shall pay for the professional dues and subscriptions of Employee reasonably necessary for her continuation and full participation in national, regional, state and local associations and organizations necessary and desirable for her professional growth and advancement, and for the good of City.
4. Duties
(a) Employee shall serve as Human Resources Director and perform those duties of the Human Resources Director under the direction of the City Manager as set forth in the Human Resources Director Job Description attached as “Exhibit A” and incorporated herein by this reference, in addition to any other functions and duties specified by state law, city ordinance, or resolution, or other directive, and to perform other legally permissible and proper duties and functions as the City Manager shall from time to time assign. The City may amend the Human Resources Director job description at any time without Employee's approval and without an amendment to this Agreement.
(b) Employee shall devote all necessary time and effort to fulfill the obligations of the Human Resources Director position. The City acknowledges that Employee is reasonably expected to be available but does not have regularly set hours of work. Employee’s work schedule will vary in accordance to the work required to be performed.
5. Exclusive Employment
260
5 Employee shall devote all of her time, energy and efforts to the City, and shall accept no outside employment, except as may be specifically approved by the City Manager in writing in advance.
6. Performance Evaluation
The City Manager shall evaluate Employee’s performance annually and may, in addition, establish goals and performance objectives to be accomplished during the next year and used as a basis for the next performance evaluation. In the City Manager’s sole discretion, the performance of Employee may be reviewed on a more frequent basis.
7. Separation – At Will Employment
(a) The parties expressly agree that the position of Human Resources Director is an "atwill" employee, and that Employee is employed in an “at-will” capacity, serving at the pleasure of the City Manager. Employee may be terminated by the City Manager and the City Manager may terminate this Agreement at any time with or without cause and with or without advance notice. There is no express or implied promise made to Employee of continued employment. Employee understands and agrees that the terms of his employment are governed solely by this Agreement.
Employee further understands and agrees that this Agreement does not confer a right of employment for any specified term and that she is not entitled to due process for any disciplinary action under the City's personnel policies and rules, including termination. (b) Employee may resign and terminate this Agreement at any time upon providing thirty (30) days written notice to the City.
(c) The City Manager and Employee may terminate this Agreement by mutual written agreement.
(d) In the event this Agreement is terminated by the City Manager, while Employee is still willing and able to perform the duties of Human Resources Director, Employee shall be entitled to three (3) months’ severance pay defined as base salary plus costs of health, dental, vision and life insurance plans. No time served by the Employee after notice of the termination shall be debited from the period of severance pay. However, in the event the Employee is terminated for cause, the Employee shall be entitled to only the compensation earned and accrued and such other termination benefits and payments as may be required by law and shall not be entitled to any severance benefits.
The payment of severance compensation pursuant to this paragraph shall be in a lump sum, less applicable payroll deductions. Employee shall also receive continuing health insurance plan coverage including dental and vision for the duration of the severance months from the effective date of termination. Pursuant to Government Code Section 53261, the continuing eligibility of Employee and her dependents for health insurance plan coverage shall terminate should Employee obtain other employment.
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6 The severance rights provided in herein shall constitute the sole and only entitlement of Employee with respect to severance pay in the event of the termination, other than for cause.
Employee expressly waives any and all other rights with respect to severance pay except as provided herein. Such severance compensation is expressly conditioned on the execution, delivery, and non-revocation of a General Release Agreement by Employee.
It is the intention of the parties that this paragraph complies with the requirements of Government Code Section 53260 et seq. In the event of any conflict between this provision and those code sections, the terms of those code sections shall govern the contractual relationship between the employer and employee.
(e) Termination or Removal for Cause. Notwithstanding any provision of this Agreement to the contrary, the City Manager may terminate Employee’s employment for cause at any time, and if Employee is terminated or removed for cause, they shall not be entitled to payment of severance compensation or any other compensation or damages.
"Cause" shall include the following reasons:
(i) an act in bad faith and to the detriment of the City; (ii) refusal or failure to act in accordance with any specific lawful direction or order of the City Manager;
(iii) unfitness or unavailability for service that exceeds thirty (30) consecutive calendar days and is not the result of any excused illness or medical condition;
(iv) commission of an act involving moral turpitude or other acts which harm the reputation of or interests of the City;
(v) habitual neglect of responsibilities, or incompetence; (vi) a conviction of a felony or other crime punishable by jail or imprisonment in the jurisdiction involved (or entry of a plea of guilty or nolo contendere with respect to any such crime);
(vii) possession of, use of, or working while under the influence of alcoholic beverages or other non-prescribed controlled substances or abuse/misuse of lawfully prescribed controlled substances during working hours; (viii) engaging in an actual conflict of interest;
(ix) commission of acts of theft, embezzlement, or fraud; (x) acceptance of bribes or extortion;
(xi) material breach of this Agreement by Employee.
If this Agreement is terminated by the City Manager "for cause," Employee's employment will be deemed immediately terminated and Employee will surrender all City keys, computer passwords, and other City property entrusted to Employee for the purposes of the discharge of her duties. Upon termination for cause, Employee will have no recourse under this Agreement or any administrative procedure for purposes of challenging the termination action.
(f) In the event of termination, any City equipment or property will be promptly returned to the City. In addition, any and all finished and unfinished documents, data, reports and 262
7 materials are the property of the City and shall be promptly delivered to the City Manager.
Employee shall keep all information acquired through his position in the strictest confidence.
8. Compliance with Government Code Section 53243 et seq. (Assembly Bill No. 1344) (a) In the event the City determines to place Employee on paid leave pending an investigation, Employee shall fully reimburse such pay to the City if he is subsequently convicted of a crime involving the abuse of her office or position. (b) In the event the City determines to fund all or part of a legal criminal defense for Employee, she shall fully reimburse such funds to the City if she is subsequently convicted of a crime involving an abuse of her office or position.
(c) Regardless of the term of this Agreement, if this Agreement is terminated, any cash settlement related to the termination that Employee may receive from the City shall be fully reimbursed to the City if Employee is convicted of a crime involving an abuse of her office or position. (Government Code Section 53243.2.)
(d) For purposes of this section, "abuse of office or position" shall be as defined in Government Code Section 53243.4.
(e) The parties agree to fully comply with the Government Code sections that are part of AB 1344 made effective February 1, 2021 as it may be amended.
9. Indemnification
City agrees to defend, hold harmless, and indemnify Employee against any claims, demands or legal actions, whether groundless or otherwise, arising out of an alleged act or omission occurring within the scope and during the course of Employee’s employment with the City, subject to Employee cooperating in good faith with the City with respect to defense of such claims, demands, or legal actions in accordance with the provisions of California Government Code Sections 825 and 825.6.
City may compromise and settle any such claim, demand, or action and pay the amount of any settlement or judgment rendered therefrom. This covenant shall survive the termination of this Agreement.
10. Notices
Any notice to be given hereunder by either party to the other in writing may be effected either by personal delivery or by mail. Mailed notices shall be addressed to the address of the parties to be notified which appears below, but each party may change its address by written notice given in accordance with this paragraph. Notices delivered personally will be deemed communicated as of actual receipt. Mailed notices will be deemed communicated and received as of five (5) calendar days following the date of mailing of the notice.
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8 CITY: City of Los Banos
Attn: City Clerk
520 J Street
Los Banos, CA 93635
EMPLOYEE: Isabel Carlos
* Address on file with Human Resources
11. Entire Agreement
This Agreement represents the entire agreement between the parties and supersedes any and all agreements, either oral or in writing, between the parties with respect to the employment of Employee by City and contains all of the covenants and agreements between the parties with respect to that employment. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by either party, or anyone acting on behalf of either party, which is not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding on either party.
12. Modifications
Any modifications to this Agreement shall be effective only if in writing and signed by both the parties hereto.
13. Effect of Waiver
The failure of either party to insist on strict compliance with any of the terms, covenants, or conditions of this Agreement by the other party shall not be deemed a waiver of that term, covenant or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times.
14. Partial Invalidity
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
15. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California in full force and effect as of the date of execution and the Parties agree that venue shall be in Merced County, California.
16. Attorney’s Fees
In the event of any legal action between the parties hereto to enforce the provisions of this Agreement, the prevailing party shall be entitled to attorney’s fees and costs. 264
9 17. Representations
City and Employee each represent and warrant to the other that each has received legal advice from independent and separate legal counsel with respect to this Agreement, or has knowingly declined to obtain such legal advice, and further represent and warrant to each other that each has carefully reviewed this Agreement and each and every term hereof. This Agreement shall not be construed against the party or its representatives who draft it or any portion hereof.
18. Counterparts
This Agreement may be executed on separate copies, any one of which need not contain signatures of more than one party but all of which taken together shall constitute one and the same Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first herein written above.
“EMPLOYEE”
Dated: ____________________________________
Isabel Carlos
"CITY"
Dated: ____________________________________
Soknirorn Than, City Manager
ATTEST:
_______________________________
Lucille L. Mallonee, City Clerk
APPROVED AS TO FORM:
________________________________
Mary Lerner, City Attorney
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Agenda Staff Report
TO: Mayor Amabile and Council Members
FROM: Mary Lerner, City Attorney
DATE: April 15, 2026
TYPE OF REPORT: Regular Agenda
SUBJECT: Consider and Approve a Resolution Adopting a City Clerk and City Treasurer Council Meeting Attendance and Duties Policy
______________________________________________________________________ Recommendation:
Staff recommend approving a Resolution adopting a City Clerk and City Treasurer council meeting attendance and duties policy (“Policy”).
Discussion:
The Policy establishes clear expectations for the City Clerk and City Treasurer’s attendance at City Council meetings and outlines the statutory duties of each in accordance with applicable law. Adoption of such a policy is consistent with established City practice and is not unusual. Historically, the City has implemented similar attendance requirements for commission members. Municipal Code section 2-2.305 sets forth attendance standards for commission members and authorizes the City Council to declare a position vacant if a member is absent for three consecutive regular meetings. Additionally, the City Council itself is subject to attendance requirements under California Government Code section 36513, which provides that a council member’s office becomes vacant if the member is absent without permission from all regular City Council meetings for 60 consecutive days.
Fiscal Impact:
None.
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ITEM 12
Reviewed by:
_______________________________ _______________________________ Nirorn Than, City Manager Minerva Moreno, Finance Director Attachments:
1. Resolution
2. Meeting Attendance and Duties Policy
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RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS ADOPTING A CITY CLERK
AND CITY TREASURER COUNCIL MEETING
ATTENDANCE AND DUTIES POLICY
WHEREAS, the city clerk and city treasurer are elected officials; and WHEREAS, the city treasurer is expected to attend all regular meetings of the City Council and the city clerk is expected to attend all regular and special meetings of the City Council; and
WHEREAS, the city clerk and city treasurer should adhere to the same attendance rules as the City Council as set forth in California Government Code section 36513 which provides “If a city councilmember is absent without permission from all regular city council meetings for 60 days consecutively from the last regular meeting he or she attended, his or her office becomes vacant and shall be filled as any other vacancy”; and
WHEREAS, the duties of a city treasurer are set forth in the Los Banos Municipal Code and California Government Code sections 41001-41007, 53630-53686; and WHEREAS, the duties of the city clerk are set forth in the Los Banos Municipal Code and California Government Code sections 40801, et seq; and WHEREAS, the Policy attached hereto as Exhibit A sets forth the expected city clerk and city treasurer council meeting attendance requirements and duties.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby approve the City Clerk and City Treasurer Council Meeting Attendance and Duties Policy.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 15th day of April 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:
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___________________________
Lucille L. Mallonee, City Clerk
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City of Los Banos
City Clerk and City Treasurer Council Meeting Attendance and Duties Policy This policy establishes expectations for the City Clerk and City Treasurer’s attendance at City Council meetings and outlines statutory duties in accordance with applicable law.
I. City Council Meeting Attendance
1. The City Clerk is an elected official and expected to attend all regular and special meetings of the City Council.
2. The City Treasurer is an elected official and expected to attend all regular meetings of the City Council.
3. City Treasurer attendance at special meetings, workshops, and committee meetings is strongly encouraged when matters related to finance, treasury management, investments, or fiscal policy are on the agenda.
4. If the City Clerk or City Treasurer is unable to attend a meeting, notice should be provided to the City Manager in advance when practicable.
5. If the City Treasurer is absent without permission from all regular City Council meetings for sixty (60) consecutive days from the last regular meeting attended, such absence may be deemed neglect of official duties. The City Council may review such circumstances and take any action permitted under applicable law, including referral to appropriate authorities or initiation of processes consistent with governing statutes regarding elected officials.
6. If the City Clerk is absent without permission from all regular and special City Council meetings for sixty (60) consecutive days from the last regular/special meeting attended, such absence may be deemed neglect of official duties. The City Council may review such circumstances and take any action permitted under applicable law, including referral to appropriate authorities or initiation of processes consistent with governing statutes regarding elected officials.
II. Statutory Duties
A. The City Treasurer shall perform duties in accordance with California laws and the City Municipal Code which include, but are not limited to, the following:
1. The city treasurer shall receive and safely keep all money the treasurer receives.
2. The city treasurer shall comply with all laws governing the deposit and securing of public funds and the handling of trust funds in his or her possession.
3. If the city has issued bonds, the city treasurer shall use a system of accounting and auditing that adheres to generally accepted accounting principles.
4. The city treasurer shall pay out money only on warrants signed by legally designated persons.
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5. Regularly, at least once each month, the city treasurer shall submit to the city clerk a written report and accounting of all receipts, disbursements, and fund balances. The city treasurer shall file a copy with the City Council.
6. The city treasurer shall perform such duties relative to the collection of city taxes and license fees as are prescribed by ordinance.
7. The city treasurer shall annually render to the city council a statement of investment policy to be considered by the city council at a public meeting.
8. Assist the City Manager in administering the affairs of the City efficiently, economically, and harmoniously insofar as may be consistent with their duties as prescribed by the laws of the City.
9. Perform any additional duties as prescribed by ordinance.
All reports and presentations made by the City Treasurer shall be clear, accurate, and available to the public in accordance with open government laws. The City Treasurer shall uphold the highest standards of integrity, fiduciary responsibility, and public trust.
B. The City clerk shall perform duties in accordance with California laws and the City Municipal Code which include, but are not limited to, the following:
1. Maintenance of the City Municipal Code and related records.
2. Administer oaths or affirmations and take and certify affidavits and depositions pertaining to city affairs and business which may be used in any court or proceedings in the state.
3. Serve as custodian of the city seal.
4. Keep an accurate record of the proceeding of the legislative body.
5. Assist the City Manager in administering the affairs of the City efficiently, economically, and harmoniously insofar as may be consistent with their duties as prescribed by the laws of the City.
6. Perform any additional duties as prescribed by ordinance.
All reports and presentations made by the City Clerk shall be clear, accurate, and available to the public in accordance with open government laws. The City Clerk shall uphold the highest standards of integrity, fiduciary responsibility, and public trust.
This policy shall become effective upon adoption by the City Council and shall remain in effect until amended or repealed by the City Council.
Adopted by the City Council of City of Los Banos on ___________, 2026. 272