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Los Banos City Council
June 17, 2026

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June 17, 2026
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Los Banos Municipal Code
Title 9 PLANNING AND ZONING
Chapter 6 CITY OF LOS BANOS WATER EFFICIENT LANDSCAPE ORDINANCE Note
Note
Sec. 9-6.01 Purpose.

Sec. 9-6.01.01 Applicability.

Sec. 9-6.02 Definitions.

Sec. 9-6.03 Provisions for new construction or rehabilitated landscapes.

Sec. 9-6.03.01 Compliance with Landscape Documentation Package.

Sec. 9-6.03.02 Reserved.

Sec. 9-6.03.03 Elements of the Landscape Documentation Package.

Sec. 9-6.03.04 Water Efficient Landscape Worksheet.

Sec. 9-6.03.05 Soil management report.

Sec. 9-6.03.06 Landscape design plan.

Sec. 9-6.03.07 Irrigation design plan.

Sec. 9-6.03.08 Grading design plan.

Sec. 9-6.03.09 Certificate of completion.

Sec. 9-6.03.10 Irrigation scheduling.

Sec. 9-6.03.11 Landscape and irrigation maintenance schedule.

Sec. 9-6.03.12 Irrigation audit, irrigation survey, and irrigation water use analysis.

Sec. 9-6.03.13 Irrigation efficiency.

Sec. 9-6.03.14 Recycled water.

Sec. 9-6.03.15 Graywater systems.

Sec. 9-6.03.16 Stormwater management and rainwater retention.

Sec. 9-6.03.17 Public education.

Sec. 9-6.03.18 Environmental review.

Sec. 9-6.04 Provisions for existing landscapes.

Sec. 9-6.04.01 Irrigation audit, irrigation survey, and irrigation water use analysis.

Sec. 9-6.04.02 Water waste prevention.

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Sec. 9-6.05 Effective precipitation.

Sec. 9-6.06 Reporting.

Sec. 9-6.07 Fees.

Sec. 9-6.08 Inspection.

Sec. 9-6.09 Penalties and remedies.

Sec. 9-6.10 Appeals.

APPENDIX A Reference Evapotranspiration (ETo) Table
APPENDIX B Water Efficient Landscape Worksheet
APPENDIX C Certificate of Completion Package
APPENDIX D Prescriptive Compliance Option
Note
* Editor’s note: Chapter 9-6 was renumbered from Chapter 10-2 by Ord. 1156.

Note
** Prior ordinance history: Ords. 863, 1059 and 1090.

Sec. 9-6.01 Purpose.
(a) The State Legislature has found:
(1) That the waters of the State are of limited supply and are subject to ever increasing demands; (2) That the continuation of California’s economic prosperity is dependent on the availability of adequate supplies of water for future uses;
(3) That it is the policy of the State to promote the conservation and efficient use of water and to prevent the waste of this valuable resource;
(4) That landscapes are essential to the quality of life in California by providing areas for active and passive recreation and as an enhancement to the environment by cleaning air and water, preventing erosion, offering fire protection, and replacing ecosystems lost to development; (5) That landscape design, installation, maintenance and management can and should be water efficient; and
(6) That Section 2 of Article X of the California Constitution specifies that the right to use water is limited to the amount reasonably required for the beneficial use to be served and the right does not and shall not extend to waste or unreasonable method of use. (b) Consistent with these legislative findings, the purpose of this chapter is to:
(1) Promote the values and benefits of landscaping practices that integrate and go beyond the conservation and efficient use of water;
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(2) Establish a structure for planning, designing, installing, maintaining and managing water efficient landscapes in new construction and rehabilitated projects by encouraging the use of a watershed approach that requires cross-sector collaboration of industry, government and property owners to achieve the many benefits possible;
(3) Establish provisions for water management practices and water waste prevention for existing landscapes;
(4) Use water efficiently without waste by setting a maximum applied water allowance as an upper limit for water use and reduce water use to the lowest practical amount; (5) Promote the benefits of consistent landscape ordinances with neighboring local and regional agencies; and
(6) Encourage the use of economic incentives that promote the efficient use of water. (c) Landscapes that are planned, designed, installed, managed and maintained with the watershed based approach can improve California’s environmental conditions and provide benefits and realize sustainability goals. Such landscapes will make the urban environment resilient in the face of climatic extremes. Consistent with the legislative findings and purpose of this chapter, conditions in the urban setting will be improved by:
(1) Creating the conditions to support life in the soil by reducing compaction, incorporating organic matter that increases water retention, and promoting productive plant growth that leads to more carbon storage, oxygen production, shade, habitat and esthetic benefits. (2) Minimizing energy use by reducing irrigation water requirements, reducing reliance on petroleum based fertilizers and pesticides, and planting climate appropriate shade trees in urban areas. (3) Conserving water by capturing and reusing rainwater and graywater wherever possible and selecting climate appropriate plants that need minimal supplemental water after establishment. (4) Protecting air and water quality by reducing power equipment use and landfill disposal trips, selecting recycled and locally sourced materials, and using compost, mulch and efficient irrigation equipment to prevent erosion.
(5) Protecting existing habitat and creating new habitat by choosing local native plants, climate adapted non-natives and avoiding invasive plants. Utilizing integrated pest management with least toxic methods as the first course of action. (§ 1, Ord. 1156, eff. July 7, 2017) Sec. 9-6.01.01 Applicability.
(a) This chapter shall apply to all of the following landscape projects:
(1) New development projects with an aggregate landscape area equal to or greater than five hundred (500) square feet requiring a building or landscape permit, plan check, site plan review or design review;
(2) Rehabilitated landscape projects with an aggregated landscape area equal to or greater than two thousand five hundred (2,500) square feet requiring a building or landscape permit, plan check, site plan review, or design review;
(3) Existing landscapes limited to Sections 9-6.03.10, 9-6.04, 9-6.04.01 and 9-6.04.02; and DRAFT
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(4) Cemeteries. Recognizing the special landscape management needs of cemeteries, new and rehabilitated cemeteries are limited to Sections 9-6.03.04, 9-6.03.11, and 9-6.03.12; and existing cemeteries are limited to Sections 9-6.04, 9-6.04.01, and 9-6.04.02. (b) Any project with an aggregate landscape area of two thousand five hundred (2,500) square feet or less may comply with the performance requirements of this ordinance or conform to the prescriptive measures contained in Appendix D.
(c) For projects using treated or untreated graywater or rainwater captured on site, any lot or parcel within the project that has less than two thousand five hundred (2,500) square feet of landscape and meets the lot or parcel’s landscape water requirement (estimated total water use) entirely with treated or untreated graywater or through stored rainwater captured on site is subject only to Appendix D Section (5). (d) This chapter does not apply to:
(1) Registered local, State or Federal historical sites; (2) Ecological restoration projects that do not require a permanent irrigation system; (3) Mined-land reclamation projects that do not require a permanent irrigation system; or (4) Existing plant collections, as part of botanical gardens and arboretums open to the public. (§ 1, Ord. 1156, eff. July 7, 2017)
Sec. 9-6.02 Definitions.

The terms used in this chapter have the meaning set forth below:
(a) “Applied water” means the portion of water supplied by the irrigation system to the landscape.
(b) “Automatic irrigation controller” means a timing device used to remotely control valves that operate an irrigation system. Automatic irrigation controllers are able to self-adjust and schedule irrigation events using either evapotranspiration (weather-based) or soil moisture data. (c) “Backflow prevention device” means a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system. (d) “Certificate of completion” means the document required under Section 9-6.03.09. (e) “Certified irrigation designer” means a person certified to design irrigation systems by an accredited academic institution a professional trade organization or other program such as the U.S.

Environmental Protection Agency’s WaterSense Irrigation Designer Certification Program and Irrigation Association’s Certified Irrigation Designer Program.
(f) “Certified landscape irrigation auditor” means a person certified to perform landscape irrigation audits by an accredited academic institution, a professional trade organization or other program such as the U.S. Environmental Protection Agency’s WaterSense irrigation Auditor Certification Program and Irrigation Association’s Certified Landscape Irrigation Auditor Program. (g) “Check valve” or “anti-drain valve” means a valve located under a sprinkler head, or other location in the irrigation system, to hold water in the system to prevent drainage from sprinkler heads when the sprinkler is off.

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(h) “Common interest developments” means community apartment projects, condominium projects, planned developments, and stock cooperatives per Civil Code Section 1351. (i) “Compost” means the safe and stable product of controlled biologic decomposition of organic materials that is beneficial to plant growth.
(j) “Conversion factor (0.62)” means the number that converts acre-inches per acre per year to gallons per square foot per year.
(k) “Distribution uniformity” means the measure of the uniformity of irrigation water over a defined area.
(l) “Drip irrigation” means any non-spray low volume irrigation system utilizing emission devices with a flow rate measured in gallons per hour. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants. (m) “Ecological restoration project” means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.
(n) ”Effective precipitation” or “usable rainfall (Eppt)” means the portion of total precipitation which becomes available for plant growth.
(o) “Emitter” means a drip irrigation emission device that delivers water slowly from the system to the soil.
(p) “Established landscape” means the point at which plants in the landscape have developed significant root growth into the soil. Typically, most plants are established after one or two (2) years of growth. (q) “Establishment period of the plants” means the first year after installing the plant in the landscape or the first two (2) years if irrigation will be terminated after establishment. Typically, most plants are established after one or two (2) years of growth. Native habitat mitigation areas and trees may need three (3) to five (5) years for establishment.
(r) “Estimated total water use (ETWU)” means the total water used for the landscape as described in Section 9-6.03.04.
(s) “ET adjustment factor (ETAF)” means a factor of 0.55 for residential areas and 0.45 for nonresidential areas, that, when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency, two (2) major influences upon the amount of water that needs to be applied to the landscape. The ETAF for new and existing (non-rehabilitated) special landscape areas shall not exceed 1.0. The ETAF for existing non-rehabilitated landscapes is 0.8.
(t) “Evapotranspiration rate” means the quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specified time. (u) “Flow rate” means the rate at which water flows through pipes, valves and emission devices, measured in gallons per minute, gallons per hour, or cubic feet per second. (v) “Flow sensor” means an inline device installed at the supply point of the irrigation system that produces a repeatable signal proportional to flow rate. Flow sensors must be connected to an automatic irrigation controller, or flow monitor capable of receiving flow signals and operating master valves. This combination flow sensor/controller may also function as a landscape water meter or submeter. (w) “Friable” means a soil condition that is easily crumbled or loosely compacted down to a minimum depth per planting material requirements, whereby the root structure of newly planted material will be allowed to spread unimpeded.

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(x) “Fuel Modification Plan Guideline” means guidelines from a local fire authority to assist residents and businesses that are developing land or building structures in a fire hazard severity zone. (y) “Graywater” means untreated wastewater that has not been contaminated by any toilet discharge, has not been affected by infectious, contaminated, or unhealthy bodily wastes, and does not present a threat from contamination by unhealthful processing, manufacturing, or operating wastes. “Graywater” includes, but is not limited to, wastewater from bathtubs, showers, bathroom washbasins, clothes washing machines, and laundry tubs, but does not include wastewater from kitchen sinks or dishwashers.

Health and Safety Code Section 17922.12.
(z) “Hardscapes” means any durable material (pervious and non-pervious). (aa) “Hydrozone” means a portion of the landscaped area having plants with similar water needs and rooting depth. A hydrozone may be irrigated or non-irrigated. (bb) “Infiltration rate” means the rate of water entry into the soil expressed as a depth of water per unit of time (e.g., inches per hour).
(cc) “Invasive plant species” means species of plants not historically found in California that spread outside cultivated areas and can damage environmental or economic resources. Invasive species may be regulated by county agricultural agencies as noxious species. Lists of invasive plants are maintained at the California Invasive Plant Inventory and USDA invasive and noxious weeds database. (dd) “Irrigation audit” means an in-depth evaluation of the performance of an irrigation system conducted by a certified landscape irrigation auditor. An irrigation audit includes, but is not limited to:
inspection, system tune-up, system test with distribution uniformity or emission uniformity, reporting overspray or runoff that causes overland flow, and preparation of an irrigation schedule. The audit must be conducted in a manner consistent with the Irrigation Association’s Landscape Irrigation Auditor Certification Program or other U.S. Environmental Protection Agency “WaterSense” labeled auditing program. (ee) “Irrigation efficiency (IE)” means the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The irrigation efficiencies for purposes of this ordinance are 0.75 for overhead spray devices and 0.81 for drip systems. (ff) “Irrigation survey” means an evaluation of an irrigation system that is less detailed than an irrigation audit. An irrigation survey includes, but is not limited to: inspection, system test, and written recommendations to improve performance of the irrigation system. (gg) “Irrigation water use analysis” means an analysis of water use data based on meter readings and billing data.
(hh) “Landscape architect” means a person who holds a license to practice landscape architecture in the State of California Business and Professions Code Section 5615. (ii) “Landscape area” means all the planting areas, turf areas, and water features in a landscape design plan subject to the maximum applied water allowance calculation. The landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or non-pervious hardscapes, and other non-irrigated areas designated for nondevelopment (e.g., open spaces and existing native vegetation). (jj) “Landscape contractor” means a person licensed by the State of California to construct, maintain, repair, install, or subcontract the development of landscape systems.

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(kk) “Landscape Documentation Package” means the documents required under Section 9-

6.03.03. (ll) “Landscape project” means total area of landscape in a project as defined in “landscape area” for the purposes of this chapter, meeting requirements under Section 9-6.01.01. (mm) “Landscape water meter” means an inline device installed at the irrigation supply point that measures the flow of water into the irrigation system and is connected to a totalizer to record water use. (nn) “Lateral line” means the water delivery pipeline that supplies water to the emitters or sprinklers from the valve.
(oo) Reserved.
(pp) “Local water purveyor” means any entity, including a public agency, city, county, or private water company that provides retail water service.
(qq) “Low volume irrigation” means the application of irrigation water at low pressure through a system of tubing or lateral lines and low-volume emitters such as drip, drip lines, and bubblers. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants.
(rr) “Main line” means the pressurized pipeline that delivers water from the water source to the valve or outlet.
(ss) “Master shut-off valve” is an automatic valve installed at the irrigation supply point which controls water flow into the irrigation system. When this valve is closed water will not be supplied to the irrigation system. A master valve will greatly reduce any water loss due to a leaky station valve. (tt) “Maximum applied water allowance (MAWA)” means the upper limit of annual applied water for the established landscaped area as specified in Section 9-6.03.04. It is based upon the area’s reference evapotranspiration, the ET adjustment factor, and the size of the landscape area. The estimated total water use shall not exceed the maximum applied water allowance. Special landscape areas, including recreation areas, areas permanently and solely dedicated to edible plants such as orchards and vegetable gardens, and areas irrigated with recycled water are subject to the MAWA with an ETAF not to exceed 1.0. MAWA = (ETo)(0.62) [(ETAF x LA) + ((1-ETAF) x SLA)].
(uu) “Median” is an area between opposing lanes of traffic that may be unplanted or planted with trees, shrubs, perennials, and ornamental grasses.
(vv) “Microclimate” means the climate of a small, specific area that may contrast with the climate of the overall landscape area due to factors such as wind, sun exposure, plant density, or proximity to reflective surfaces.
(ww) “Mined-land reclamation projects” means any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975. (xx) “Mulch” means any organic material such as leaves, bark, straw, and compost, or inorganic mineral materials such as rocks, gravel, and decomposed granite left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion.
(yy) “New construction” means, for the purposes of this chapter, a new building with a landscape or other new landscape, such as a park, playground, or greenbelt without an associated building.

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(zz) “Non-residential landscape” means landscapes in commercial, institutional, industrial and public settings that may have areas designated for recreation or public assembly. It also includes portions of common areas of common interest developments with designated recreational areas. (aaa) “Operating pressure” means the pressure at which the parts of an irrigation system are designed by the manufacturer to operate.
(bbb) “Overhead sprinkler irrigation systems” means systems that deliver water through the air (e.g., spray heads and rotors).
(ccc) “Overspray” means the irrigation water which is delivered beyond the target area. (ddd) “Permit” means an authorizing document issued by local agencies for new construction or rehabilitated landscapes.
(eee) “Pervious” means any surface or material that allows the passage of water through the material and into the underlying soil.
(fff) “Plant factor” or “plant water use factor” is a factor, when multiplied by ETo, estimates the amount of water needed by plants. For purposes of this chapter, the plant factor range for very low water use plants is 0 to 0.1, the plant factor range for low water use plants is 0.1 to 0.3, the plant factor range for moderate water use plants is 0.4 to 0.6, and the plant factor range for high water use plants is 0.7 to 1.0. Plant factors cited in this chapter are derived from the publication “Water Use Classification of Landscape Species.” Plant factors may also be obtained from horticultural researchers from academic institutions or nursery industry professional associations as approved by the California Department of Water Resources (DWR). (ggg) “Project applicant” means the individual or entity submitting a Landscape Documentation Package required under Section 9-6.03.03, to request a permit, plan check, or design review from the City of Los Banos. A project applicant may be the property owner or designee. (hhh) “Rain sensor” or “rain sensing shutoff device” means a component which automatically suspends an irrigation event when it rains.
(iii) “Record drawing” or “as-builts” means a set of reproducible drawings which show significant changes in the work made during construction and which are usually based on drawings marked up in the field and other data furnished by the contractor.
(jjj) “Recreational area” means areas, excluding private single-family residential areas, dedicated to recreation or public assembly in parks, sports fields, picnic grounds, amphitheaters or golf course tees, fairways, roughs, surrounds and greens.
(kkk) “Recycled water,” “reclaimed water,” or “treated sewage effluent water” means treated or recycled waste water of a quality suitable for non-potable uses such as landscape irrigation and water features. This water is not intended for human consumption. (lll) “Reference evapotranspiration” or “ETo” means a standard measurement of environmental parameters which affect the water use of plants. ETo is expressed in inches per day, month, or year as represented in Appendix A and is an estimate of the evapotranspiration of a large field of four (4) to seven (7) inch tall, cool-season grass that is well watered. Reference evapotranspiration is used as the basis of determining the maximum applied water allowance so that regional differences in climate can be accommodated.
(mmm) Reserved.

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(nnn) “Rehabilitated landscape” means any re-landscaping project that requires a permit, plan check, or design review, meets the requirements of Section 9-6.01.01, and the modified landscape area is equal to or greater than two thousand five hundred (2,500) square feet, is fifty (50%) percent of the total landscape area, and the modifications are completed within one year. (ooo) “Residential landscape” means landscapes surrounding single-family or multifamily homes. (ppp) “Runoff” means water which is not absorbed by the soil or landscape to which it is applied and flows from the landscape area. For example, runoff may result from water that is applied at too great a rate (application rate exceeds infiltration rate) or when there is a slope. (qqq) “Soil moisture sensing device” or “soil moisture sensor” means a device that measures the amount of water in the soil. The device may also suspend or initiate an irrigation event. (rrr) “Soil texture” means the classification of soil based on its percentage of sand, silt, and clay. (sss) “Special landscape area (SLA)” means an area of the landscape dedicated solely to edible plants, recreational areas, areas irrigated with recycled water, or water features using recycled water. (ttt) “Sprinkler head” means a device which delivers water through a nozzle. (uuu) “Static water pressure” means the pipeline or municipal water supply pressure when water is not flowing.
(vvv) “Station” means an area served by one valve or by a set of valves that operate simultaneously. (www) “Swing joint” means an irrigation component that provides a flexible, leak-free connection between the emission device and lateral pipeline to allow movement in any direction and to prevent equipment damage.
(xxx) “Submeter” means a metering device to measure water applied to the landscape that is installed after the primary utility water meter.
(yyy) “Turf” means a ground cover surface of mowed grass. Annual bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool-season grasses. Bermudagrass, Kikuyugrass, Seashore Paspalum, St. Augustinegrass, Zoysiagrass, and Buffalo grass are warm-season grasses. (zzz) “Valve” means a device used to control the flow of water in the irrigation system. (aaaa) “Water conserving plant species” means a plant species identified as having a very low or low plant factor.
(bbbb) “Water feature” means a design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools (where water is artificially supplied). The surface area of water features is included in the high water use hydrozone of the landscape area. Constructed wetlands used for on-site wastewater treatment or stormwater best management practices that are not irrigated and used solely for water treatment or stormwater retention are not water features and, therefore, are not subject to the water budget calculation. (cccc) “Watering window” means the time of day irrigation is allowed. (dddd) “WUCOLS” means the Water Use Classification of Landscape Species published by the University of California Cooperative Extension, and the Department of Water Resources 2014. (§ 1, Ord. 1156, eff. July 7, 2017)
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Sec. 9-6.03 Provisions for new construction or rehabilitated landscapes.

The City of Los Banos may designate by mutual agreement, another agency to implement some or all of the requirements contained in this chapter. The City of Los Banos may collaborate with water purveyors to define each entity’s specific responsibilities relating to this chapter. (§ 1, Ord. 1156, eff. July 7, 2017) Sec. 9-6.03.01 Compliance with Landscape Documentation Package. (a) Prior to construction, the City of Los Banos shall:
(1) Provide the project applicant with a copy of the ordinance and procedures for permits, plan checks, site plan review or design reviews;
(2) Review the Landscape Documentation Package submitted by the project applicant; (3) Approve or deny the Landscape Documentation Package; (4) Issue a permit or approve the plan check, site plan review or design review for the project applicant; and
(5) Upon approval of the Landscape Documentation Package, submit a copy of the Water Efficient Landscape Worksheet to the local water purveyor, if other than the City of Los Banos. (b) Prior to construction, the project applicant shall:
(1) Submit a Landscape Documentation Package to the City of Los Banos. (c) Upon approval of the Landscape Documentation Package by the City of Los Banos, the project applicant shall:
(1) Receive a permit or approval of the plan check or site plan review or design review and record the date of the permit in the certificate of completion; (2) Submit a copy of the approved Landscape Documentation Package along with the record drawings, and any other information to the property owner or designee; and (3) Submit a copy of the Water Efficient Landscape Worksheet to the City of Los Banos. (§ 1, Ord. 1156, eff. July 7, 2017)
Sec. 9-6.03.02 Reserved.

Sec. 9-6.03.03 Elements of the Landscape Documentation Package. (a) The Landscape Documentation Package shall include the following six (6) elements:
(1) Project information:
(A) Date;
(B) Project applicant;
(C) Project address (if available, parcel and/or lot number(s)); (D) Total landscape area (square feet);
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(E) Project type (e.g., new, rehabilitated, public, private, cemetery, homeowner installed); (F) Water supply type (e.g., potable, recycled, well) and identify the local retail water purveyor if the applicant is not served by a private well;
(G) Checklist of all documents in Landscape Documentation Package; (H) Project contacts to include contact information for the project applicant and property owner; and
(I) Applicant signature and date with statement, “I agree to comply with the requirements of the water efficient landscape ordinance and submit a complete Landscape Documentation Package.” (2) Water Efficient Landscape Worksheet:
(A) Hydrozone information table;
(B) Water budget calculations:
(i) Maximum applied water allowance (MAWA), and
(ii) Estimated total water use (ETWU);
(3) Soil management report;
(4) Landscape design plan;
(5) Irrigation design plan; and
(6) Grading design plan. (§ 1, Ord. 1156, eff. July 7, 2017) Sec. 9-6.03.04 Water Efficient Landscape Worksheet.
(a) A project applicant shall complete the Water Efficient Landscape Worksheet in Appendix B which contains information on the plant factor, irrigation method, irrigation efficiency, and area associated with each hydrozone. Calculations are then made to show that the evapotranspiration adjustment factor (ETAF) for the landscape project does not exceed a factor of 0.55 for residential areas and 0.45 for nonresidential areas, exclusive of special landscape areas. The ETAF for a landscape project is based on the plant factors and irrigation methods selected. The maximum applied water allowance is calculated based on the maximum ETAF allowed (0.55 for residential areas and 0.45 for non-residential areas) and expressed as annual gallons required. The estimated total water use (ETWU) is calculated based on the plants used and irrigation method selected for the landscape design. ETWU must be below the MAWA. (1) In calculating maximum applied water allowance and estimated total water use, a project applicant shall use the ETo values from the Reference Evapotranspiration Table in Appendix A. (b) Water budget calculations shall adhere to the following requirements:
(1) The plant factor used shall be from WUCOLS or from horticultural researchers with academic institutions or professional associations as approved by the California Department of Water Resources (DWR). The plant factor ranges from 0 to 0.1 for very low water using plants, 0.1 to 0.3 for low water use plants, from 0.4 to 0.6 for moderate water use plants, and from 0.7 to 1.0 for high water use plants. (2) All water features shall be included in the high water use hydrozone and temporarily irrigated areas shall be included in the low water use hydrozone.

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(3) All special landscape areas shall be identified and their water use calculated as shown in Appendix B.
(4) ETAF for new and existing (non-rehabilitated) special landscape areas shall not exceed 1.0. (§ 1, Ord. 1156, eff. July 7, 2017)
Sec. 9-6.03.05 Soil management report.
(a) In order to reduce runoff and encourage healthy plant growth, a soil management report shall be completed by the project applicant, or designee, as follows:
(1) Submit soil samples to a laboratory for analysis and recommendations. (A) Soil sampling shall be conducted in accordance with laboratory protocol, including protocols regarding adequate sampling depth for the intended plants. (B) The soil analysis shall include:
(i) Soil texture;
(ii) Infiltration rate determined by laboratory test or soil texture infiltration rate table; (iii) pH;
(iv) Total soluble salts;
(v) Sodium;
(vi) Percent organic matter; and
(vii) Recommendations.
(C) In projects with multiple landscape installations (i.e., production home developments) a soil sampling rate of one in seven (7) lots or approximately fifteen (15%) percent will satisfy this requirement.

Large landscape projects shall sample at a rate equivalent to one in seven (7) lots. (2) The project applicant, or designee, shall comply with one of the following:
(A) If significant mass grading is not planned, the soil analysis report shall be submitted to the City of Los Banos as part of the Landscape Documentation Package; or (B) If significant mass grading is planned, the soil analysis report shall be submitted to the City of Los Banos as part of the certificate of completion.
(3) The soil analysis report shall be made available, in a timely manner, to the professionals preparing the landscape design plans and irrigation design plans to make any necessary adjustments to the design plans.
(4) The project applicant, or designee, shall submit documentation verifying implementation of soil analysis report recommendations to the City of Los Banos with certificate of completion. (§ 1, Ord. 1156, eff. July 7, 2017)
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Sec. 9-6.03.06 Landscape design plan.
(a) For the efficient use of water, a landscape shall be carefully designed and planned for the intended function of the project. A landscape design plan meeting the following design criteria shall be submitted as part of the Landscape Documentation Package. (1) Plant Material.
(A) Any plant may be selected for the landscape, providing the estimated total water use in the landscape area does not exceed the maximum applied water allowance. Methods to achieve water efficiency shall include one or more of the following:
(i) Protection and preservation of native species and natural vegetation; (ii) Selection of water-conserving plant tree and turf species, especially local native plants; (iii) Selection of plants based on local climate suitability, disease and pest resistance; (iv) Selection of trees based on approved local tree and tree shading guidelines, and size at maturity as appropriate for the planting area; as specified in the City of Los Banos Standards and Specifications;
(v) Selection of plants from approved local and regional landscape program plant lists as specified in the City of Los Banos Standards and Specifications; (vi) Selection of plants from local Fuel Modification Plan Guidelines. (B) Each hydrozone shall have plant materials with similar water use, with the exception of hydrozones with plants of mixed water use, as specified in Section 9-6.03.07(a)(2)(D). (C) Plants shall be selected and planted appropriately based upon their adaptability to the climatic, geologic, and topographical conditions of the project site. Methods to achieve water efficiency shall include one or more of the following:
(i) Use the Sunset Western Climate Zone System which takes into account temperature, humidity, elevation, terrain, latitude, and varying degrees of continental and marine influence on local climate; (ii) Recognize the horticultural attributes of plants (i.e., mature plant size, invasive surface roots) to minimize damage to property or infrastructure [e.g., buildings, sidewalks, power lines]; allow for adequate soil volume for healthy root growth; and
(iii) Consider the solar orientation for plant placement to maximize summer shade and winter solar gain.
(D) Turf is not allowed on slopes greater than twenty-five (25%) percent where the toe of the slope is adjacent to an impermeable hardscape and where twenty-five (25%) percent means one foot of vertical elevation change for every four (4) feet of horizontal length (rise divided by run x 100 = slope percent). (E) High water use plants, characterized by a plant factor of 0.7 to 1.0, and turf are prohibited in street medians.
(F) A landscape design plan for projects in fire-prone areas shall address fire safety and prevention. A defensible space or zone around a building or structure is required per Public Resources Code Section 4291(a) and (b). Avoid fire-prone plant materials and highly flammable mulches. Refer to the local Fuel Modification Plan guidelines.

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(G) The use of invasive plant species, such as those listed by the California Invasive Plant Council, is strongly discouraged.
(H) The architectural guidelines of a common interest development, which include community apartment projects, condominiums, planned developments, and stock cooperatives, shall not prohibit or include conditions that have the effect of prohibiting the use of low-water use plants as a group. (2) Water Features.
(A) Recirculating water systems shall be used for water features. (B) Where available, recycled water shall be used as a source for decorative water features. (C) Surface area of a water feature shall be included in the high water use hydrozone area of the water budget calculation.
(D) Pool and spa covers are highly recommended.
(3) Soil Preparation, Mulch and Amendments.
(A) Prior to the planting of any materials, compacted soils shall be transformed to a friable condition. On engineered slopes, only amended planting holes need meet this requirement. (B) Soil amendments shall be incorporated according to recommendations of the soil report and what is appropriate for the plants selected (see Section 9-6.03.05). (C) For landscape installations, compost at a rate of a minimum of four (4) cubic yards per one thousand (1,000) square feet of permeable area shall be incorporated to a depth of six (6″) inches into the soil. Soils with greater than six (6%) percent organic matter in the top six (6″) inches of soil are exempt from adding compost and tilling.
(D) A minimum three (3″) inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife, up to five (5%) percent of the landscape area may be left without mulch. Designated insect habitat must be included in the landscape design plan as such.
(E) Stabilizing mulching products shall be used on slopes that meet current engineering standards.
(F) The mulching portion of the seed/mulch slurry in hydro-seeded applications shall meet the mulching requirement.
(G) Organic mulch materials made from recycled or post-consumer organic products shall take precedence over inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available. Organic mulches are not required where prohibited by local Fuel Modification Plan Guidelines or other applicable provisions of the Municipal Code. (4) Implement practices that reduce the discharge of pesticides, herbicides and fertilizers. At a minimum the permittee shall implement landscape management measures that rely on non-chemical solutions, including:
(A) Create drought-resistant soils by amending soils with compost; (B) Create soil microbial community through the use of compost, compost tea, or inoculation; and
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(C) Use native and/or climate appropriate plants to reduce the amount of water, pesticides, herbicides and fertilizers used.
(b) The landscape design plan, at a minimum, shall:
(1) Delineate and label each hydrozone by number, letter, or other method; (2) Identify each hydrozone as low, moderate, high water, or mixed water use. Temporarily irrigated areas of the landscape shall be included in the low water use hydrozone for the water budget calculation;
(3) Identify recreational areas;
(4) Identify areas permanently and solely dedicated to edible plants; (5) Identify areas irrigated with recycled water;
(6) Identify type of mulch and application depth;
(7) Identify soil amendments, type, and quantity;
(8) Identify type and surface area of water features;
(9) Identify hardscapes (pervious and non-pervious);
(10) Identify location, installation details, and twenty-four (24) hour retention or infiltration capacity of any applicable stormwater best management practices that encourage on-site retention and infiltration of stormwater. Project applicants shall refer to the City Standards or Municipal Code or Regional Water Quality Control Board for information on any applicable stormwater technical requirements. Stormwater best management practices are encouraged in the landscape design plan and examples are provided in Section 9-6.03.16;
(11) Identify any applicable rain harvesting or catchment technologies as discussed in Section 9-

6.03.16 and their twenty-four (24) hour retention or infiltration capacity; (12) Identify any applicable graywater discharge piping, system components and area(s) of distribution;
(13) Contain the following statement: “I have complied with the criteria of the ordinance and applied them for the efficient use of water in the landscape design plan”; and (14) Bear the signature of a licensed landscape architect, licensed landscape contractor, landscape designer or any other person authorized to design a landscape. (See Sections 5500.1, 5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701, 7027.5 of the Business and Professions Code, Section 832.27 of Title16 of the California Code of Regulations, and Section 6721 of the Food and Agriculture Code.) (§ 1, Ord. 1156, eff. July 7, 2017)
Sec. 9-6.03.07 Irrigation design plan.
(a) This section applies to landscaped areas requiring permanent irrigation, not areas that require temporary irrigation solely for the plant establishment period. For the efficient use of water, an irrigation system shall meet all the requirements listed in this section and the manufacturers’ recommendations. The irrigation system and its related components shall be planned and designed to allow for proper installation, management, and maintenance. An irrigation design plan meeting the following design criteria shall be submitted as part of the Landscape Documentation Package.

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(1) System.
(A) Landscape water meters defined as a dedicated water service meter shall be installed for all non-residential irrigated landscapes of one thousand (1,000) square feet but not more than five thousand (5,000) square feet (the level at which Water Code Section 535 applies) and residential irrigated landscapes of five thousand (5,000) square feet or greater. A landscape water meter may be only a customer service meter dedicated to landscape use provided by the Public Works Department and paid for by the property owner.
(B) Automatic irrigation controllers utilizing either evapotranspiration or soil moisture sensor data and non-volatile memory shall be required for irrigation scheduling in all irrigation systems. (C) If the water pressure is below or exceeds the recommended pressure of the specified irrigation devices, the installation of a pressure regulating device is required to ensure that the dynamic pressure at each emission device is within the manufacturer’s recommended pressure range for optimal performance.
(i) If the static pressure is above or below the required dynamic pressure of the irrigation system, pressure-regulating devices such as inline pressure regulators, booster pumps, or other devices shall be installed to meet the required dynamic pressure of the irrigation system. (ii) Static water pressure, dynamic or operating pressure. and flow reading of the water supply shall be measured at the point of connection. These pressure and flow measurements shall be conducted at the design stage. If the measurements are not available at the design stage, the measurements shall be conducted at installation.
(D) Sensors (rain, freeze, wind), either integral or auxiliary, that suspend or alter irrigation operation during unfavorable weather conditions shall be required on all irrigation systems, as appropriate for local climatic conditions. Irrigation should be avoided during windy or freezing weather or during rain. (E) Manual shut-off valves (such as a gate valve, ball valve, or butterfly valve) shall be required, as close as possible to the point connection of the water supply, to minimize water loss in case of an emergency (such as a main line break) or routine repair. (F) Approved backflow prevention devices shall be required to protect the water supply from contamination by the irrigation system. A project applicant shall refer to the City of Los Banos Standards and Specifications for additional backflow prevention requirements. (G) Flow sensors that detect high flow conditions created by system damage or malfunction are required for all on non-residential landscapes and residential landscapes of five thousand (5,000) square feet or larger.
(H) Master shut-off valves are required on all projects except landscapes that make use of technologies that allow for the individual control of sprinklers that are individually pressurized in a system equipped with low pressure shut down features.
(I) The irrigation system shall be designed to prevent runoff, low head drainage, overspray, or other similar conditions where irrigation water flows onto non-targeted areas, such as adjacent property, nonirrigated areas, hardscapes, roadways, or structures. (J) Relevant information from the soil management plan, such as soil and infiltration rate, shall be utilized when designing irrigation systems.
(K) The design of the irrigation system shall conform to the hydrozones of the landscape design plan.

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(L) The irrigation system must be designed and installed to meet, at a minimum, the irrigation efficiency criteria as described in Section 9-6.03.04 regarding the maximum applied water allowance. (M) All irrigation emission devices must meet the requirements set in the American National Standards Institute (ANSI) standard, American Society of Agricultural and Biological Engineers’/International Code Council’s (ASABE/ICC) 802-2014 “Landscape Irrigation Sprinkler and Emitter Standard.” All sprinkler heads installed in the landscape must document a distribution uniformity low quarter of 0.65 or higher using the protocol defined in ASABE/ICC 802-2014.
(N) It is highly recommended that the project applicant inquire with the Public Works Department about peak water operating demands (on the water supply system) and water restrictions that may impact the effectiveness of the irrigation system.
(O) In mulched planting areas, the use of low volume irrigation is required to maximize water infiltration into the root zone.
(P) Sprinkler heads and other emission devices shall have matched precipitation rates, unless otherwise directed by the manufacturer’s recommendations. (Q) Head to head coverage is recommended. However, sprinkler spacing shall be designed to achieve the highest possible distribution uniformity using the manufacturer’s recommendations. (R) Swing joints or other riser-protection components are required on all risers subject to damage that are adjacent to hardscapes or in high traffic areas of turfgrass. (S) Check valves or anti-drain valves are required on all sprinkler heads where low point drainage could occur.
(T) Areas of turf less than ten (10′) feet in width in any direction shall be irrigated with subsurface irrigation or other means that produces no runoff or overspray. (U) Overhead irrigation shall not be permitted within twenty-four (24″) inches of any nonpermeable surface. Allowable irrigation within the setback from non-permeable surfaces may include drip, drip line, or other low flow non-spray technology. The setback area may be planted or unplanted. The surfacing of the setback may be mulch or City approved material. These restrictions may be modified if:
(i) The landscape area is adjacent to permeable surfacing and no runoff occurs; or (ii) The adjacent non-permeable surfaces are designed and constructed to drain entirely to landscaping; or
(iii) The irrigation designer specifies an alternative design or technology, as part of the Landscape Documentation Package and clearly demonstrates strict adherence to irrigation system design criteria in Section 9-6.03.07(a)(1)(I). Prevention of overspray and runoff must be confirmed during the irrigation audit.
(V) Slopes greater than twenty-five (25%) percent shall not be irrigated with an irrigation system with an application rate exceeding 0.75 inches per hour. This restriction may be modified if the landscape designer specifies an alternative design or technology, as part of the Landscape Documentation Package, and clearly demonstrates no runoff or erosion will occur. Prevention of runoff and erosion must be confirmed during the irrigation audit.
(2) Hydrozone.
(A) Each valve shall irrigate a hydrozone with similar site, slope, sun exposure, soil conditions, and plant materials with similar water use.

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(B) Sprinkler heads and other emission devices shall be selected based on what is appropriate for the plant type within that hydrozone.
(C) Where feasible, trees shall be placed on separate valves from shrubs, ground covers, and turf to facilitate the appropriate irrigation of trees. The mature size and extent of the root zone shall be considered when designing irrigation for the tree.
(D) Individual hydrozones that mix plants of moderate and low water use, or moderate and high water use, may be allowed if:
(i) Plant factor calculation is based on the proportions of the respective plant water uses and their plant factor; or
(ii) The plant factor of the higher water using plant is used for calculations. (E) Individual hydrozones that mix high and low water use plants shall not be permitted. (F) On the landscape design plan and irrigation design plan, hydrozone areas shall be designated by number, letter, or other designation. On the irrigation design plan, designate the areas irrigated by each valve, and assign a number to each valve. Use this valve number in the Hydrozone Information Table (9-6.08 Part A). This table can also assist with The City of Los Banos irrigation audit and programming the controller.
(b) The irrigation design plan, at a minimum, shall contain:
(1) Location and size of separate water meters for landscape; (2) Location, type and size of all components of the irrigation system, including controllers, main and lateral lines, valves, sprinkler heads, moisture sensing devices, rain switches, quick couplers, pressure regulators, and backflow prevention devices;
(3) Static water pressure at the point of connection to the public water supply; (4) Flow rate (gallons per minute), application rate (inches per hour), and design operating pressure (pressure per square inch) for each station;
(5) Recycled water irrigation systems as specified in Section 9-6.03.14; (6) The following statement: “I have complied with the criteria of the ordinance and applied them accordingly for the efficient use of water in the irrigation design plan”; and (7) The signature of a licensed landscape architect, certified irrigation designer, licensed landscape contractor, or any other person authorized to design an irrigation system. (See Sections 5500.1, 5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701, 7027.5 of the Business and Professions Code, Section 832.27 of Title 16 of the California Code of Regulations, and Section 6721 of the Food and Agricultural Code.) (§ 1, Ord. 1156, eff. July 7, 2017) Sec. 9-6.03.08 Grading design plan.
(a) For the efficient use of water, grading of a project site shall be designed to minimize soil erosion, runoff, and water waste. A grading plan shall be submitted as part of the Landscape Documentation Package. A comprehensive grading plan prepared by a civil engineer for other local agency permits satisfies this requirement.

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(1) The project applicant shall submit a landscape grading plan that indicates finished configurations and elevations of the landscape area including:
(A) Height of graded slopes;
(B) Drainage patterns;
(C) Pad elevations;
(D) Finish grade; and
(E) Stormwater retention improvements, if applicable.
(2) To prevent excessive erosion and runoff, it is highly recommended that project applicants:
(A) Grade so that all irrigation and normal rainfall remains within property lines and does not drain on to non-permeable hardscapes;
(B) Avoid disruption of natural drainage patterns and undisturbed soil; and (C) Avoid soil compaction in landscape areas.
(3) The grading design plan shall contain the following statement: “I have complied with the criteria of the ordinance and applied them accordingly for the efficient use of water in the grading design plan” and shall bear the signature of a licensed professional as authorized by law. (§ 1, Ord. 1156, eff. July 7, 2017)
Sec. 9-6.03.09 Certificate of completion.
(a) The certificate of completion (Appendix C for a sample certificate) shall include the following six (6) elements:
(1) Project information sheet that contains:
(A) Date;
(B) Project name;
(C) Project applicant name, telephone, and mailing address; (D) Project address and location; and
(E) Property owner name, telephone, and mailing address. (2) Certification by either the signer of the landscape design plan, the signer of the irrigation design plan, or the licensed landscape contractor that the landscape project has been installed per the approved Landscape Documentation Package;
(A) Where there have been significant changes made in the field during construction, these “asbuilt” or record drawings shall be included with the certification; (B) A diagram of the irrigation plan showing hydrozones shall be kept with the irrigation controller for subsequent management purposes.
(3) Irrigation scheduling parameters used to set the controller (see Section 9-6.03.10); (4) Landscape and irrigation maintenance schedule (see Section 9-6.03.11); DRAFT
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(5) Irrigation audit report (see Section 9-6.03.12); and (6) Soil analysis report, if not submitted with Landscape Documentation Package, and documentation verifying implementation of soil report recommendations (see Section 9-6.03.05). (b) The project applicant shall:
(1) Submit the signed certificate of completion to the City of Los Banos for review; (2) Ensure that copies of the approved certificate of completion are submitted to the Public Works Department and property owner or designee.
(c) The City of Los Banos shall:
(1) Receive the signed certificate of completion from the project applicant; (2) Approve or deny the certificate of completion. If the certificate of completion is denied, the City of Los Banos shall provide information to the project applicant regarding reapplication, appeal, or other assistance. (§ 1, Ord. 1156, eff. July 7, 2017)
Sec. 9-6.03.10 Irrigation scheduling.
(a) For the efficient use of water, all irrigation schedules shall be developed, managed, and evaluated to utilize the minimum amount of water required to maintain plant health. Irrigation schedules shall meet the following criteria:
(1) Irrigation scheduling shall be regulated by automatic irrigation controllers. (2) Overhead irrigation shall be restricted to certain days and times at all times during the year.

It is unlawful for any person to use City supplied water for irrigation of lawn, landscaping, et cetera, between the hours of 11:00 a.m. and 7:00 p.m. on any day of the week, year round. Usage of water for the aforesaid purposes shall be restricted year round to Sunday, Wednesday, and Friday before 11:00 a.m. and after 7:00 p.m. on the even numbered side of any street and Tuesday, Thursday and Saturday before 11:00 a.m. and after 7:00 p.m. on the odd numbered side of any street. Watering shall be prohibited on Monday. “Evennumbered side of any street” shall mean that side of the street on which the house numbers end in even figures. “Odd-numbered side of any street” shall mean that side of the street on which the house numbers end in odd figures. New plantings, such as new lawns, ground coverings, or bedding plants may be watered every day before 11:00 a.m. and after 7:00 p.m. providing the following conditions are met:
(A) New lawns, ground coverings, or bedding plants shall not include reseeding of existing lawns or replacement of existing ground cover, or bedding plants, unless the new plantings, reseeding of existing lawns or replacement of existing ground cover, or bedding plants, complies with this new ordinance. If it does comply, these areas can be watered every day before 11:00 a.m. and after 7:00 p.m. for a period of one year from planting date. The compliance with this ordinance for existing lawns and replacement of existing cover, or bedding plants will be determined by the Public Works Department upon submittal of the required information; and
(B) New lawns, ground coverings, or bedding plants shall be considered new for a period of one year from planting date.
(3) For implementation of the irrigation schedule, particular attention must be paid to irrigation run times, emission device, flow rate, and current reference evapotranspiration, so that applied water meets the estimated total water use. Total annual applied water shall be less than or equal to maximum applied DRAFT
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water allowance (MAWA). Actual irrigation schedules shall be regulated by automatic irrigation controllers using current reference evapotranspiration data (e.g., CIMIS) or soil moisture sensor data. (4) Parameters used to set the automatic controller shall be developed and submitted for each of the following:
(A) The plant establishment period;
(B) The established landscape; and
(C) Temporarily irrigated areas.
(5) Each irrigation schedule shall consider for each station all of the following that apply:
(A) Irrigation interval (days between irrigation);
(B) Irrigation run times (hours or minutes per irrigation event to avoid runoff); (C) Number of cycle starts required for each irrigation event to avoid runoff; (D) Amount of applied water scheduled to be applied on a monthly basis; (E) Application rate setting;
(F) Root depth setting;
(G) Plant type setting;
(H) Soil type;
(I) Slope factor setting;
(J) Shade factor setting; and
(K) Irrigation uniformity or efficiency setting. (§ 1, Ord. 1156, eff. July 7, 2017) Sec. 9-6.03.11 Landscape and irrigation maintenance schedule. (a) Landscapes shall be maintained to ensure water use efficiency. A regular maintenance schedule shall be submitted with the certificate of completion. (b) A regular maintenance schedule shall include, but not be limited to, routine inspection; auditing; adjustment and repair of the irrigation system and its components; aerating and dethatching turf areas; topdressing with compost; replenishing mulch; fertilizing; pruning; weeding in all landscape areas, and removing any obstruction to emission devices. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance.
(c) Repair of all irrigation equipment shall be done with the originally installed components or their equivalents or with components with greater efficiency. (d) A project applicant is encouraged to implement established landscape industry sustainable best practices for all landscape maintenance activities. (e) Implement practices that reduce the discharge of pesticides, herbicides and fertilizers. At a minimum the permittee shall implement landscape management measures that rely on non-chemical solutions, including:

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(1) Practice grasscycling on decorative turf landscapes to reduce water use and the need for fertilizers;
(2) Keeping grass clippings and leaves away from waterways and out of the street using mulching, composting, or landfilling;
(3) Preventing application of pesticides, herbicides and fertilizers during irrigation or within fortyeight (48) hours of predicted rainfall with greater than fifty (50%) percent probability as predicted by National Oceanic and Atmospheric Administration (NOAA);
(4) Limiting or replacing herbicide and pesticide use (e.g., conducting manual weed and insect removal);
(5) Prohibiting application of pesticides, herbicides and fertilizers as required by the regulations DPR 11-004 Prevention of Surface Water Contamination by Pesticides enacted by the Department of Pesticide Regulation; and
(6) Reducing mowing of grass to allow for greater pollutant removal, but not jeopardizing public safety. (§ 1, Ord. 1156, eff. July 7, 2017)
Sec. 9-6.03.12 Irrigation audit, irrigation survey, and irrigation water use analysis. (a) All landscape irrigation audits shall be conducted by a City irrigation auditor or a third party certified landscape irrigation auditor. Landscape audits shall not be conducted by the person who designed the landscape or installed the landscape.
(b) In large projects or projects with multiple landscape installations (i.e., production home developments) an auditing rate of one in seven (7) lots or approximately fifteen (15%) percent will satisfy this requirement.
(c) For new construction and rehabilitated landscape projects installed after December 1, 2015, as described in Section 9-6.01.01:
(1) The project applicant shall submit an irrigation audit report with the certificate of completion to the City of Los Banos that may include, but is not limited to: inspection, system tune-up, system test with distribution uniformity, reporting overspray or run off that causes overland flow, and preparation of an irrigation schedule, including configuring irrigation controllers with application rate, soil types, plant factors, slope, exposure and any other factors necessary for accurate programming; (2) The City of Los Banos shall administer programs that may include, but not be limited to, irrigation water use analysis, irrigation audits, and irrigation surveys for compliance with the maximum applied water allowance. (§ 1, Ord. 1156, eff. July 7, 2017)
Sec. 9-6.03.13 Irrigation efficiency.

For the purpose of determining maximum applied water allowance, average irrigation efficiency is assumed to be 0.75 for overhead spray devices and 0.81 for drip system devices. (§ 1, Ord. 1156, eff. July 7, 2017)
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Sec. 9-6.03.14 Recycled water.
(a) The installation of recycled water irrigation systems shall allow for the current and future use of recycled water.
(b) All recycled water irrigation systems shall be designed and operated in accordance with all applicable local and State laws.
(c) Landscapes using recycled water are considered special landscape areas. The ET adjustment factor for new and existing (non-rehabilitated) special landscape areas shall not exceed 1.0. (§ 1, Ord. 1156, eff. July 7, 2017)
Sec. 9-6.03.15 Graywater systems.

Graywater systems promote the efficient use of water and are encouraged to assist in on-site landscape irrigation. All graywater systems shall conform to the California Plumbing Code (Title 24, Part 5, Chapter 16) and any applicable local ordinance standards. Refer to Section 9-6.01.01(c) for the applicability of this chapter to landscape areas less than two thousand five hundred (2,500) square feet with the estimated total water use met entirely by graywater. (§ 1, Ord. 1156, eff. July 7, 2017) Sec. 9-6.03.16 Stormwater management and rainwater retention. (a) Stormwater management practices minimize runoff and increase infiltration which recharges groundwater and improves water quality. Implementing stormwater best management practices into the landscape and grading design plans to minimize runoff and to increase on-site rainwater retention and infiltration are encouraged.
(b) Project applicants shall refer to the City of Los Banos Public Works Department for information on any applicable stormwater technical requirements. (c) All planted landscape areas are required to have friable soil to maximize water retention and infiltration. Refer to Section 9-6.03.06(a)(3).
(d) It is strongly recommended that landscape areas be designed for capture and infiltration capacity that is sufficient to prevent runoff from impervious surfaces (i.e., roof and paved areas) from either:
(1) the one inch, twenty-four (24) hour rain event; or (2) the 85th percentile, twenty-four (24) hour rain event, and/or additional capacity as required by any applicable local, regional, State or Federal regulation. (e) It is recommended that stormwater projects incorporate any of the following elements to improve on-site stormwater and dry weather runoff capture and use:
(1) Grade impervious surfaces, such as driveways, during construction to drain to vegetated areas.
(2) Minimize the area of impervious surfaces such as paved areas, roof and concrete driveways. (3) Incorporate pervious or porous surfaces (e.g., permeable pavers or blocks, pervious or porous concrete, etc.) that minimize runoff.
(4) Direct runoff from paved surfaces and roof areas into planting beds or landscaped areas to maximize site water retention.
(5) Incorporate rain gardens, cisterns, and other rain harvesting or catchment.

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(6) Incorporate infiltration beds, swales, basins and drywells to retain stormwater and increase percolation into the soil.
(7) Consider constructed wetlands and ponds that retain water, handle excess flow, and filter pollutants. (§ 1, Ord. 1156, eff. July 7, 2017)
Sec. 9-6.03.17 Public education.
(a) Publications. Education is a critical component to promote the efficient use of water in landscapes. The use of appropriate principles of design, installation, management and maintenance that save water is encouraged in the community.
(1) The City of Los Banos shall provide information to owners of permitted renovations and new, single-family residential homes regarding the design, installation, management, and maintenance of water efficient landscapes based on a water budget.
(b) Model Homes. All model homes shall be landscaped and use signs and written information to demonstrate the principles of water efficient landscapes described in this chapter. (1) Signs shall be used to identify the model as an example of water efficient landscape featuring elements such as hydrozones, irrigation equipment, and others that contribute to the overall water efficient theme. Signage shall include information about the site water use as designed per the local ordinance; specify who designed and installed the water efficient landscape; and demonstrate low water use approaches to landscaping such as using native plants, graywater systems, and rainwater catchment systems. (2) Information shall be provided about designing, installing, managing, and maintaining water efficient landscapes. (§ 1, Ord. 1156, eff. July 7, 2017) Sec. 9-6.03.18 Environmental review.
(a) The City of Los Banos must comply with the California Environmental Quality Act (CEQA), as appropriate.
(b) The City of Los Banos will:
(1) Evaluate pesticides, herbicides and fertilizers used and application activities performed and identify pollution prevention and source control opportunities. (2) Collect and properly dispose of unused pesticides, herbicides, and fertilizers. (3) Record the types and amounts of pesticides, herbicides and fertilizers used in the City by the City. (§ 1, Ord. 1156, eff. July 7, 2017)
Sec. 9-6.04 Provisions for existing landscapes.

The City of Los Banos may by mutual agreement, designate another agency, such as a water purveyor, to implement some or all of the requirements contained in this chapter. Local agencies may collaborate with water purveyors to define each entity’s specific responsibilities relating to this chapter. (§ 1, Ord. 1156, eff. July 7, 2017)
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Sec. 9-6.04.01 Irrigation audit, irrigation survey, and irrigation water use analysis. (a) This Section 9-6.04.01, shall apply to all existing landscapes that were installed before December 1, 2015 and are over one acre in size.
(1) For all landscapes in subsection (a) that have a water meter, the City of Los Banos shall administer programs that may include, but not be limited to, irrigation water use analyses, irrigation surveys, and irrigation audits to evaluate water use and provide recommendations as necessary to reduce landscape water use to a level that does not exceed the maximum applied water allowance for existing landscapes. The maximum applied water allowance for existing landscapes shall be calculated as: MAWA = (0.8)(ETo)(LA)(0.62).
(2) For all landscapes in subsection (a) that do not have a meter, the City of Los Banos shall administer programs that may include, but not be limited to, irrigation surveys and irrigation audits to evaluate water use and provide recommendations as necessary in order to prevent water waste. (b) All landscape irrigation audits shall be conducted by a certified landscape irrigation auditor. (§ 1, Ord. 1156, eff. July 7, 2017)
Sec. 9-6.04.02 Water waste prevention.
(a) No property owner or responsible person shall allow or permit water waste resulting from inefficient landscape irrigation by allowing or permitting runoff from leaving the target landscape due to low head drainage, overspray, or other similar conditions where water flows onto adjacent property, non-irrigated areas, walks, roadways, parking lots, or structures. No person shall allow water to run or waste from one’s property onto a City street or right-of-way to such an extent that water shall flow in the street/gutter excessively beyond the frontage of the property occupied by such person; nor to flow excessively off the occupied property into the street/gutter; nor to continuously fall upon a public right-of-way or adjoining property such as to significantly contribute to gutter flow; nor to excessively flow onto or continuously upon adjoining properties or an alley.
(b) Restrictions regarding overspray and runoff may be modified if:
(1) The landscape area is adjacent to permeable surfacing and no runoff occurs; or (2) The adjacent non-permeable surfaces are designed and constructed to drain entirely to landscaping. (§ 1, Ord. 1156, eff. July 7, 2017)
Sec. 9-6.05 Effective precipitation.

The City of Los Banos may consider effective precipitation (twenty-five (25%) percent of annual precipitation) in tracking water use and may use the following equation to calculate maximum applied water allowance: MAWA = (ETo - Eppt)(0.62)[(0.55 x LA) + (0.45 x SLA)] for residential areas. MAWA = (ETo - Eppt)(0.62)[(0.45 x LA) + (0.55 x SLA)] for non-residential areas. (§ 1, Ord. 1156, eff. July 7, 2017) Sec. 9-6.06 Reporting.
(a) The City of Los Banos shall report on implementation and enforcement by December 31, 2015. Subsequently, reporting will be due by January 31st of each year. Reports should be submitted as follows.

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(b) The City of Los Banos is to address the following:
(1) State whether you are adopting a single agency ordinance or a regional agency alliance ordinance, and the date of adoption or anticipated date of adoption. (2) Define the reporting period. The reporting period shall be for the calendar year. (3) State if using a locally modified Water Efficient Landscape Ordinance (WELO) or the MWELO. If using a locally modified WELO, how is it different than MWELO, is it at least as efficient as MWELO, and are there any exemptions specified?
(4) State the entity responsible for implementing the ordinance. (5) State number and types of projects subject to the ordinance during the specified reporting period.
(6) State the total area (in square feet or acres) subject to the ordinance over the reporting period, if available.
(7) Provide the number of new housing starts, new commercial projects, and landscape retrofits during the reporting period.
(8) Describe the procedure for review of projects subject to the ordinance. (9) Describe actions taken to verify compliance. Is a plan check performed; if so, by what entity? Is a site inspection performed; if so, by what entity? Is a post-installation audit required; if so, by whom? (10) Describe enforcement measures.
(11) Explain challenges to implementing and enforcing the ordinance. (12) Describe educational and other needs to properly apply the ordinance. (§ 1, Ord. 1156, eff.

July 7, 2017)
Sec. 9-6.07 Fees.

Landscape and irrigation plan review and inspection fees shall be paid to the City Public Works Department when landscape and irrigation plans are submitted. The amount of the fee shall be established by City Council resolution as recommended by the Planning Commission. (§ 1, Ord. 1156, eff. July 7, 2017) Sec. 9-6.08 Inspection.

Upon installation of landscaping and irrigation systems, the installer must contact the Public Works Department to request an inspection for compliance with the approved plans before a certificate of occupancy will be issued by the Public Works Department. (§ 1, Ord. 1156, eff. July 7, 2017) Sec. 9-6.09 Penalties and remedies.
(a) It is unlawful to violate any of the provisions of this chapter. Violation of this chapter may be charged as either an infraction or a misdemeanor. Upon conviction of a misdemeanor, a person shall be subject to payment of a fine, or imprisonment, or both, not to exceed the limits set forth in California Government Code Section 36901.

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(b) In addition to any other remedy or penalty set forth in this chapter or this Code, administrative penalties may be imposed pursuant to applicable provisions of Chapter 11 Title 4 of this Code against any responsible party, in violation of any of the provisions of this chapter. Imposition, enforcement, collection and administrative review of administrative penalties imposed shall be conducted pursuant to Chapter 11 Title 4 of this Code.
(c) Remedies under this chapter are in addition to, and do not supersede or limit, any and all other remedies, civil (including, but not limited to, an equitable action for injunctive relief or an action at law for damages) or criminal. The remedies provided for herein shall be cumulative and not exclusive. (§ 1, Ord. 1156, eff. July 7, 2017)
Sec. 9-6.10 Appeals.
(a) Except where an appeals or hearing procedure is otherwise set forth in this chapter, the applicant or any affected person of a final decision or action by City staff concerning a permit, application, or approval may be appealed by filing a written notice of appeal with the City Clerk, setting forth the specific grounds thereof.
(b) Notice of such appeal shall be filed with the City Clerk within fourteen (14) calendar days after the date written notice of such action appealed from was mailed or personally delivered to the appellant. (c) The City Clerk shall forthwith set a date for hearing before City Manager or City Manager’s designee and shall give the appellant at least five (5) calendar days’ notice of the time and place of said hearing.
(d) At such hearing the appellant shall show cause on the grounds specified in the notice of appeal why the action excepted to should not be approved. The City Manager or City Manager’s designee, may continue the hearing from time to time. The findings on the appeal shall be final and conclusive in the matter. (§ 1, Ord. 1156, eff. July 7, 2017)
APPENDIX A Reference Evapotranspiration (ETo) Table
City of Los Banos:

Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Annual
ETo

1.0 1.5 3.2 4.7 6.1 7.4 8.2 7.0 5.3 3.4 1.4 0.7 50.0
* The values in this table were derived from:
1) California Irrigation Management Information System (CIMIS); 2) Reference EvapoTranspiration Zones Map, UC Dept. of Land, Air & Water Resources and California Dept. of Water Resources 1999;
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3) Reference Evapotranspiration for California, University of California, Department of Agriculture and Natural Resources (1987) Bulletin 1922;
4) Determining Daily Reference Evapotranspiration, Cooperative Extension UC Division of Agriculture and Natural Resources (1987), Publication Leaflet 21426. (§ 1, Ord. 1156, eff. July 7, 2017)
APPENDIX B Water Efficient Landscape Worksheet
(§ 1, Ord. 1156, eff. July 7, 2017)
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APPENDIX C Certificate of Completion Package

CERTIFICATE OF COMPLETION
This certificate is filled out by the project applicant upon completion of the landscape project.

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(§ 1, Ord. 1156, eff. July 7, 2017)
APPENDIX D Prescriptive Compliance Option
(a) This appendix contains prescriptive requirements which may be used as a compliance option to the Model Water Efficient Landscape Ordinance.
(b) Compliance with the following items is mandatory and must be documented on a landscape plan in order to use the prescriptive compliance option:
(1) Submit a Landscape Documentation Package which includes the following elements:

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(A) Date;
(B) Project applicant;
(C) Project address (if available, parcel and/or lot number(s)); (D) Total landscape area (square feet), including a breakdown of turf and plant material; (E) Project type (e.g., new, rehabilitated, public, private, cemetery, homeowner-installed); (F) Water supply type (e.g., potable, recycled, well) and identify the local retail water purveyor if the applicant is not served by a private well;
(G) Contact information for the project applicant and property owner; (H) Applicant signature and date with statement, “I agree to comply with the requirements of the prescriptive compliance option to the MWELO.”
(2) Incorporate compost at a rate of at least four (4) cubic yards per one thousand (1,000) square feet to a depth of six (6″) inches into landscape area (unless contra-indicated by a soil test). (3) Plant material shall comply with all of the following:
(A) For residential areas, install climate adapted plants that require occasional, little or no summer water (average WUCOLS plant factor 0.3) for seventy-five (75%) percent of the plant area excluding edibles and areas using recycled water; For non-residential areas, install climate adapted plants that require occasional, little or no summer water (average WUCOLS plant factor 0.3) for one hundred (100%) percent of the plant area excluding edibles and areas using recycled water; (B) A minimum three (3″) inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated.
(4) Turf shall comply with all of the following:
(A) Turf shall not exceed twenty-five (25%) percent of the landscape area in residential areas, and there shall be no turf in non-residential areas;
(B) Turf shall not be planted on sloped areas which exceed a slope of one foot vertical elevation change for every four (4′) feet of horizontal length;
(C) Turf is prohibited in parkways less than ten (10′) feet wide, unless the parkway is adjacent to a parking strip and used to enter and exit vehicles. Any turf in parkways must be irrigated by sub-surface irrigation or by other technology that creates no overspray or runoff. (5) Irrigation systems shall comply with the following:
(A) Automatic irrigation controllers are required and must use evapotranspiration or soil moisture sensor data.
(B) Irrigation controllers shall be of a type which does not lose programming date in the event the primary power source is interrupted.
(C) Pressure regulators shall be installed on the irrigation system to ensure the dynamic pressure of the system is within the manufacturer’s recommended pressure range. (D) Manual shut-off valves (such as a gate valve, ball valve, or butterfly valve) shall be installed as close as possible to the point of connection of the water supply.

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(E) All irrigation emission devices must meet the requirements set in the ANSI standard, ASABE/ICC 802-2014, “Landscape Irrigation Sprinkler and Emitter Standard.” All sprinkler heads installed in the landscape must document a distribution uniformity low quarter of 0.65 or higher using the protocol defined in ASABE/ICC 802-2014.
(c) At the time of final inspection, the permit applicant must provide the owner of the property with a certificate of completion, certificate of installation, irrigation schedule, and a schedule of landscape and irrigation maintenance. (§ 1, Ord. 1156, eff. July 7, 2017) http://qcode.us/codes/losbanos/view.php?topic=9-6&showAll=1&frames=on DRAFT
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APPENDIX F
Water Rate Schedule
2025 LOS BANOS

URBAN WATER MANAGEMENT PLAN
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Public Utility Rates
The following is the current rate for services effective July 1, 2025. Questions regarding rates and or billing inquiries should be addressed to the Finance department at (209) 827-7000. You can also inquire in person at the Los Banos City Hall located at 520 "J" Street, Los Banos CA 93635.

Residential: (Monthly)
Water: $25.82 Minimum base rate per month (Allowance of 1,500 cubic feet per month) +$ 2.00 Overage cost per 100 cubic feet.

For multiple family units greater than one unit on one meter: minimum rate plus $9.18 per unit.

Wastewater Collections: $23.09 Flat charge monthly rate.

For multiple dwellings or trailer parks with a common sewer: $23.09 + $23.09 per each unit in excess of one.

Wastewater Treatment: $10.04 Flat charge monthly rate.

For multiple dwellings or trailer parks with a common sewer: $10.04 + $10.04 per each unit in excess of one.

Deposits: $200.00 per account.

Meter Tests: $25.00 Deposit, returnable if meter registers over two percent more than actual flow.

Late Charges: 15% charge of billing for water, wastewater collection, wastewater treatment, and garbage disposal.

Delinquency Administration Processing Fee: $50.00 for water, wastewater treatment, wastewater collection, and garbage disposal.

Returned Check Fee: $35.00
Commercial: (Monthly)
Water:

For meters less than 1" $25.82 per month
For meters more than 1" to 1 1/2" $31.44 per month
For meters more than 1 1/2" to 2" $36.64 per month
For meters more than 2" to 3" $41.38 per month
For meters more than 3" to 4" $51.70 per month
For meters over 4" - the minimum monthly charge shall be as determined by the Public Works Department and the City Engineer.

Allowance amount = 1,500 cubic feet per month any usage over 1,500 cubic feet during a one month reading cycle will be charged at $2.00 per 100 cubic feet For multiple commercial units greater than one unit on one meter: minimum rate plus $9.18 per unit.

Wastewater Collections:
$46.17 Monthly Flat Rate per unit
For hotels & motels $46.17 per month plus
$11.39 per room with kitchen facility
$5.75 per room without kitchen facilities.

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$1.04 per student per month
$23.09 for places of religious worship per month
$153.66 Hospitals per month
$1,958.78 California Dairies or current tenant per month Wastewater Treatment:
$2.03 Schools - per student per month
$1.72 per 100 cu ft of water used for standard industrial $2.20 per 100 cu ft of water used for bakeries, restaurants, dry cleaning, motion picture theaters, packing sheds, and dry process dairy products
$2.88 per 100 cu ft of water used for meat products
Deposits: $200.00 per account.

Meter Tests: $25.00 Deposit, returnable if meter registers over two percent more than actual flow.

Late Charges: 15% charge of billing for water, wastewater collection, wastewater treatment, and garbage disposal.

Delinquency Administration Processing Fee: $50.00 for water, wastewater treatment, wastewater collection, and garbage disposal.

Returned Check Fee: $35.00
Refuse Collection Rate Schedule Monthly Rates
Residential Service: Garbage Service includes a blue 96-gallon recycling cart, a green 96-gallon cart, and a choice of either a 64 gallon or 96 gray gallon cart for trash:

Gray cart: 64 gallon cart 96 gallon cart
Curb side pick-up $46.16 $47.85
Overload Charge: $62.50
Contamination Charge: $17.06
Dumpster Rental: Please contact Mid Valley Disposal for rates at (209) 270-5100.

Commercial Service: Please contact Mid Valley Disposal for rates at (209) 270-5100.

Commercial Recyclable Materials: Please contact Mid Valley Disposal for rates at (209) 270-5100.

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APPENDIX G
Water Conservation Educational Materials
2025 LOS BANOS

URBAN WATER MANAGEMENT PLAN
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Water Conservation Measures (June 2017)
Click here for the new Water Irrigation Schedule (updated June 15, 2017) As we move into the summer months and experience a much warmer climate, we understand that lawns, plants, and trees will require more water in order to thrive. Although more water may be necessary for maintaining your landscape, water conservation remains a priority for our community.

We ask that you please continue your conservation efforts and use water wisely. Thank you for taking an active role in our community as we all work together to help conserve our water supply.

The City of Los Banos has changed landscape watering to three days per week. When your street address ends with an odd number, your watering days are Tuesday, Thursday and Saturday. When your street address ends with an even number, your watering days are Sunday, Wednesday and Friday. No landscaping should be irrigated on Monday. Watering times have not changed and will remain in effect year round. No watering is allowed between the hours of 11:00 AM and 7:00 PM.

Please re-program your sprinkler timers to conform to our new watering schedule. If you would like assistance in setting your timers, please contact us at (209) 827-7056 to schedule an appointment.

Under the Governor’s recent drought mandate, watering is prohibited during a rain event of any measurable rain, as well as 48 hours following a rain event. Landscape irrigation systems will need to be set to “OFF” and/or “RAIN OFF” during a rain event and 48 hours following a rain event.

Watering during or following a rain event is a violation and subject to a written citation. Please practice conservation throughout your home. Together, we can protect our precious water resource.

Thank you for your continued cooperation during this season.

What does the City consider a wasteful use of water?
 Over-watering where the water has created a sponge-like effect on the property.  Water that is running down the street or onto the sidewalks.  Watering in the rain or 48 hours after a rain event.
 Watering on a day that is not allotted to your address number.  Sprinklers that are consistently watering the sidewalk instead of the yard.  Water customers who appear to be ignoring the City’s watering program.

What are the deterrents and how do they work?
If a City employee notices water waste occurring, the customer will be cited with a $15 fine payable to the City of Los Banos. The fine will be increased to $30 for a second citation and $75 for a third citation.

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The City of Los Banos asks you to…

PLEASE CONTINUE TO

CONSERVE WATER
Your watering schedule depends on the last number
of your street address

ODD NUMBERS
WATER ON:

TUESDAY, THURSDAY &

SATURDAY

EVEN NUMBERS
WATER ON:

SUNDAY,WEDNESDAY &
FRIDAY
DO NOT water between the hours of 11:00 am and 7:00 pm

NO WATERING ON MONDAY
For more information, please call Public Works at (209) 827-7056 DRAFT
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La Ciudad de Los Banos le pide…
POR FAVOR CONTINÚE CONSERVANDO
AGUA
El ciclo de riego depende del último número de la
dirección:

NÚMEROS IMPARES
REGAR:

MARTES, JUEVES Y
SÁBADO
NÚMEROS PARES
REGAR:

MIÉRCOLES, VIERNES Y

DOMINGO
NO aqua entre las horas de las 11:00 am and 7:00 pm

NO REGAR LOS LUNES

Para obtener más información, llámenos al (209) 827-7056 DRAFT
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City of Los Banos
2024 Drinking Water Consumer Confidence Report
This report contains important information on your drinking water.

Este informe contiene información muy importante sobre su agua potable. Para una versión en español ir al www.LosBanos.org, menú de Enlaces Rápidos (Quick Links), Documentos de Public Works (Documents of Public Works). Usted también puede obtener una copia en la oficina principal del Departamento de Public Works, ubicado en el 411 Madison Avenue.

The information gathered here is compiled from the testing of all drinking water sources, which the City of Los Banos uses to provide potable drinking water to your homes and businesses. During the 2024 Calendar Year, your tap water was tested for all regulated Primary Maximum Contaminant Levels for EPA and State testing requirements for drinking water. This report includes information regarding where your water comes from, what it contains, and how it compares to State water quality standards. We are committed to providing you with information because informed customers are our best allies. Listed in the tables of this report are the contaminants found in your drinking water.

If you would like additional water quality information or have any questions regarding the information covered in this report, you may contact the Public Works Department or Randy Williamson, Water Quality Specialist at (209) 827- 7056.

As a resident, you may participate in decisions that affect drinking water quality. City Council meetings are scheduled at 7:00 P.M. on the first and third Wednesdays of each month. City Council meetings are open to the public, and are televised on Cable Channel 96 and available on the internet at www.LosBanos.org . For more information, call (209) 827-7056.

WHERE YOUR DRINKING WATER COMES FROM
The City of Los Banos owns and operates thirteen approved groundwater production wells that work in conjunction with each other to provide adequate pressure and volume to your location. These groundwater extraction wells draw water at various depths from water producing zones called “Aquifers.” Clay layers separate each of the zones. These wells are located in and around the City Limits at various locations. The City owns the land immediately around these wells and restricts any activity that could contaminate them.

A Source Water Assessment was conducted for the active water supply wells of the City of Los Banos Water System in December 2001. The sources are considered most vulnerable to the following activities associated with contaminants detected in the water supply:

Agricultural Drainage Fleet/Truck/Bus Terminals Rental Yards Apartments & Condominiums Food Processing Hardware/Lumber Yards/Parts Stores Automobile Body Shops Housing (high density) RV/Mini Storage Automobile Car Washes Machine Shops Historic Gas Stations Automobile Gas Stations Medical/Dental Offices/Clinics Septic Systems (Low Density) Automobile repair Shops Office Buildings/Complexes Septic Systems (High Density) Chemical/Petroleum Pipelines Parks Sewer Collection Systems Drinking Water Treatment Plants Pesticide/Fertilizer/Petroleum Storage & Transfer Areas Dry Cleaners Photo Processing/Printing Veterinary Offices/Clinics Fertilizer/Pesticide/Herbicide App. Schools Wood/Pulp/Paper Processing DRAFT
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The sources are considered most vulnerable to the following activities not associated with any detected contaminants:

Airports Historic Waste Dumps/Landfills
Concentrated Animal Feeding Operations Known Contaminant Plumes Wells (agricultural/irrigation)
A copy of the complete assessment may be viewed at the City of Los Banos Public Works Department, 411 Madison Avenue. You may request a summary of the assessment be sent to you by contacting the Public Works Department at (209) 827-7056.

IS YOUR WATER TREATED WITH ANY CHEMICALS?
The answer is Yes. Chlorine (Sodium Hypochlorite) and Fluoride (Sodium Fluoride) are introduced to the system as the water is pumped from the wells. Chlorine is used to disinfect drinking water. Fluoride is added for dental health. Both chemicals are monitored daily to ensure concentrations are kept at regulated levels. For additional information on the internet regarding Fluoridation you may access:
http://www.waterboards.ca.gov/drinking_water/certlic/drinkingwater/Fluoridation.shtml

IMPORTANT HEALTH INFORMATION
Drinking Water, including bottled water, may reasonably be expected to contain at least small amounts of some contaminants. The presence of contaminants does not necessarily indicate that water poses a health risk.

More information about contaminants and potential health effects can be obtained by calling the USEPA’s Safe Drinking Water Hotline 1–800–426–4791.

Some people may be more vulnerable to contaminants in drinking water than the general population.

Immuno-compromised persons, such as persons with cancer undergoing chemotherapy, persons who have undergone organ transplants, people with HIV / AIDS or other immune system disorders, some elderly, and infants can be particularly at risk from infections. These people should seek advice about drinking water from their health care providers. USEPA/Centers for Disease Control (CDC) guidelines on appropriate means to lessen the risk of infection by Cryptosporidium and other microbial contaminants are available from the Safe Drinking Water Hotline (1–800–426–4791)
The sources of drinking water (both tap water and bottled water) include rivers, lakes, streams, ponds, reservoirs, springs and wells. As water travels over the surface of the land or through the ground, it dissolves naturally-occurring minerals and, in some cases, radioactive material, and can pick up substances resulting from the presence of animals or from human activity. Contaminants that may be present in source water include:

A.) Microbial Contaminants, such as viruses and bacteria, which may come from sewage treatment plants, septic systems, agricultural livestock operations, and wildlife.

B.) Inorganic Contaminants, such as salts and metals, which can be naturally-occurring or result from urban storm water runoff, industrial or domestic wastewater discharges, oil and gas production, mining and farming.

C.) Pesticides and Herbicides, which may come from a variety of sources such as agriculture and residential uses.

D.) Radioactive contaminants that are naturally-occurring, or the result of oil and gas production and mining activities.

E.) Organic chemical contaminants, including synthetic and volatile organic chemicals, which are byproducts of industrial processes and petroleum production, and can also, come from gas stations, urban storm water runoff, agricultural application, and septic systems.

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In order to ensure that tap water is safe to drink, U.S. Environmental Protection Agency (USEPA) and the State Water Resources Control Board (SWRCB) prescribe regulations that limit the amount of certain contaminants in water provided by public water systems. Department regulations also establish limits for contaminants in bottled water that must provide the same protection for public health.

The following tables are based on testing taken during the 2024 Calendar year. The State allows us to monitor for some contaminants less than once per year because the concentrations of these contaminants do not change frequently. Some of our data, though representative, are more than one year old. Contaminant testing for certain unregulated contaminants and some radiological contaminants were only required to be tested once and the results are indicated. Some contaminants are tested more than once a year and each month a test was taken will be indicated in the tables.

TERMS AND ABBREVIATIONS USED IN THE TABLES:

MAXIMUM CONTAMINANT LEVEL (MCL): The highest level of a contaminant that is allowed in drinking water. Primary MCLs are set as close to the PHGs (or MCLGs) as is economically and technologically feasible.

Secondary MCLs are set to protect the odor, taste, and appearance of drinking water.

MAXIMUM CONTAMINANT LEVEL GOAL (MCLG): The level of a contaminant in drinking water below which there is no known or expected risk to health. MCLGs are set by the U.S. Environmental Protection Agency.

MAXIMUM RESIDUAL DISINFECTANT LEVEL (MRDL): The highest level of disinfectant allowed in drinking water. There is convincing evidence that addition of a disinfectant is necessary for control of microbial contaminants.

MAXIMUM RESIDUAL DISINFECTANT LEVEL GOAL (MRDLG): The level of a drinking water disinfectant, below which there is no known or expected risk to health. MRDLGs do not reflect the benefits of the use of disinfectants to control microbial contaminants.

PUBLIC HEALTH GOAL (PHG): The level of a contaminant in drinking water, below which there is no known or expected risk to health. PHGs are set by the California Environmental Protection Agency.

PRIMARY DRINKING WATER STANDARD (PDWS): MCLs and MRDLs for contaminants that affect health, along with their monitoring and reporting requirements and water treatment requirements.

REGULATORY ACTION LEVEL (AL): The concentration of a contaminant which if exceeded, triggers treatment or other requirements that a water system must follow.

PARTS PER MILLION (PPM): or milligrams per liter. It means one part per million parts.

PARTS PER BILLION (PPB): or micrograms per liter. It means one part per billion parts.

PARTS PER TRILLION (PPT): This means 1 part per trillion parts.

PICO CURIES PER LITER (pCi / L): A measure of radioactivity.

NONE DETECTED (N/D): Contaminant not detected.

NOT APPLICABLE (N/A): Does not apply.

TREATMENT TECHNIQUE (TT): A required process intended to reduce the level of a contaminant in drinking water.

COLIFORM BACTERIA-DISTRIBUTION SYSTEM
Microbiological
Contaminant
Highest Number
of Detections
Number of
Months in
Violation
MCL MCLG Typical Source of
Bacteria
Total Coliform
Bacteria Tested
Weekly 2024
0 0 More than one sample a
month with a detection
0 Naturally present in
the environment
Fecal Coliform or
E. Coli
0 0 A routine sample and a
repeat sample detect
Total Coliform; either
sample also detects
Fecal Coliform or E. Coli
0 Human and animal
fecal waste
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FECAL BACTERIA INDICATOR-POSITIVE GROUND WATER SAMPLES
Microbiological
Contaminants
Total No. of
Detections
Sample
Dates
MCL
[MRDL]
PHG
(MCLG)
[MRDLG]
Typical Source of
Contaminant
E. Coli 0 N/A 0 (0) Human and animal
fecal waste
Enterococci 0 N/A TT N/A Human and animal
fecal waste
Coliphage 0 N/A TT N/A Human and animal
fecal waste

DISINFECTION BY-PRODUCTS
Contaminant Date(s)
Tested
Unit of
Measurement
MCL or
MRDL
PHG
(MCLG)
Or
MRDLG
Average
Detected
Level
Range of
Detection
Source of
Contaminants
HAA5
(Haloacetic Acids)
July
2024
PPB 60 N/A 4.0 3.0 – 5.0 By-product of
drinking water
disinfection
TTHMS
(Total
Trihalomethanes)
July
2024
PPB 80 N/A 12.5 7.9 - 17 By-product of
drinking water
disinfection
Chlorine Daily
2024
PPM 4.0 as
CL2

4.0 as
CL2

0.61 0.50 – 0.70 Drinking water
disinfectant added for
treatment

PRIMARY INORGANIC COMPOUNDS
Contaminant Date(s)
Tested
Unit of
Measurement

MCL PHG
(MCLG)
Average
Detected
Level
Range of
Detection
Source of
Contaminants
Arsenic July
2023
PPB 10 4 6.7 5.7 – 9.2 Erosion of natural
deposits; runoff from
orchards
Barium July
2023
PPM 1 2 0.0804 ND – 0.12 Erosion of natural
deposits
Total
Chromium
July
2023
PPB 50 (100) 30.9 19 - 43 Erosion of natural
deposits; discharge from
steel and pulp mills and
chrome plating
Nitrate +
Nitrate as N
Jan.

Apr.

Jul.

Oct.
2024
PPM 10 0 5.55 1.6 – 9.6 Leaching from livestock
confinement areas;
leaching from fertilizer
use; leaching from septic
tanks. Erosion of natural
deposits.

Chromium VI July
2023
PPB 10 0 32 16 – 52 See Health Information
on Chromium on Page 5
of this report.

Fluoride**
(naturallyoccurring)
July
2023
PPM 2.0 1.0 0.13 ND – 0.38 Erosion of natural
deposits
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** Our water system treats your drinking water by adding fluoride to the naturally occurring fluoride, in order to promote dental health in consumers. The fluoride levels in the treated water are tested daily and maintained within a range of 0.6 to 1.2 ppm, as required by the SWRCB.

HEALTH STATEMENT ON ARSENIC
While your drinking water meets the Federal and State standard for arsenic, it does contain low levels of arsenic. The arsenic standard balances the current understanding of arsenic’s possible health effects against the costs of removing arsenic from drinking water. The U.S. Environmental Protection Agency continues to research the health effects of low levels of arsenic, which is a mineral known to cause cancer in humans at high concentrations and is linked to other health effects such as skin damage and circulatory problems.

HEALTH STATEMENT ON NITRATE
Your drinking water meets the State standard for Nitrate; however it does contain low levels of Nitrate. Nitrate in drinking water at levels above 45 parts per million is a health risk for infants of less than six months of age. Such Nitrate levels in drinking water can interfere with the capacity of the infants’ blood to carry oxygen, resulting in a serious illness; symptoms include shortness of breath and blueness of skin. Nitrate levels above 10 parts per million may also affect the ability of the blood to carry oxygen in other individuals, such as pregnant women and those with certain specific enzyme deficiencies. If you are caring for an infant, or you are pregnant, you should ask advice from your health care provider. Nitrate levels may rise quickly for short periods of time because of rainfall or agricultural activity.

HEALTH STATEMENT ON LEAD
If present, elevated levels of lead can cause serious health problems, especially for pregnant women and young children. Lead in drinking water is primarily from materials and components associated with service lines and home plumbing. The City of Los Banos is responsible for providing high quality drinking water, but cannot control the variety of materials used in household or Private-property plumbing components. When your water has been sitting for several hours, you can minimize the potential for lead exposure by flushing your tap for 30 seconds to 2 minutes before using the water for drinking or cooking. If you are concerned about lead in your water, you may wish to have your water tested. Information on lead in drinking water, testing methods, and steps you can take to minimize exposure is available from the Safe Drinking Water Hotline or at http://www.epa.gov/safewater/lead.

HEALTH INFORMATION ON CHROMIUM
Chromium is a metallic element in the periodic table. It is odorless and tasteless. Chromium is found naturally in rocks, plants, soil and volcanic dust, humans and animals. The most common forms of chromium in the environment are trivalent (chromium-3), hexavalent (chromium-6) and the metal form, chromium-0. Chromium-3 occurs naturally in many vegetables, fruits, meats, grains and yeast. Chromium-6 is generally produced by industrial processes and can also be naturally-occurring. Chromium-0 is generally produced by industrial processes. Chromium-3 is a nutritionally essential element in humans and is often added to vitamins as a dietary supplement. Chromium-3 has relatively low toxicity and would be a concern in drinking water only at very high levels of contamination, unlike chromium-6 and -0, which are more toxic and pose potential health risks to people. Some people who use water containing chromium (total) well in excess of the maximum contaminant level (MCL) over many years could experience allergic dermatitis. Chromium-6(hexavalent chromium) is currently regulated under the 50-micrograms per liter (µg/L or Parts Per Billion) maximum contaminant level (MCL) for total chromium. For more information regarding Chromium-6 you can go to the State Water Resources Control Board Website at:
http://www.waterboards.ca.gov/drinking_water/certlic/drinkingwater/Chromium6.shtml.

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HEALTH INFORMATION ON 1, 2, 3-TRICHLOROPROPANE
1, 2, 3- TCP is a chlorinated hydrocarbon with high chemical stability. It is a manmade chemical found at industrial or hazardous waste sites. It has been used as a cleaning and degreasing solvent and also is associated with pesticide products.1, 2, 3-TCP cause’s cancer in laboratory animals (US EPA, 2009). It is reasonably anticipated to be a human carcinogen (NTP, 2014), and probably carcinogenic to humans, based on sufficient evidence of carcinogenicity in experimental animals (IARC, 1995). In 1992, 1,2,3-TCP was added to the list of chemicals known to the state to cause cancer, pursuant to California's Safe Drinking Water and Toxic Enforcement Act (Proposition 65). For more information regarding 1, 2, 3,-TCP you can go to the State Water Resources Control Board Website at:
https://www.waterboards.ca.gov/drinking_water/certlic/drinkingwater/123TCP.html

LEAD AND COPPER HOUSEHOLD TAP MONITORING
The State Water Resources Control Board requires our water system to test for lead and copper at household tap sources. The required testing is performed every three years at a representative amount of houses based on service connections and possible at risk household plumbing. The AL is based on the 90th percentile of the number of sites tested. The Regulatory Action Level is a concentration of a contaminant which, if exceeded, triggers treatment or other requirements that a water system must follow.

RADIOACTIVE CONTAMINANTS
Contaminant Date(s)
Tested
Unit of
Measurement

MCL PHG
(MCLG)
Average
Detected
Level
Range of
Detection
Source of Contaminants
Gross Alpha
Particle
Activity
July
2023
pCi/L 15 (0) 5.2 0.85 – 21 Erosion of natural deposits
Uranium July
2020
pCi/L 20 0.43 1.2 ND - 16 Erosion of natural deposits

VOLATILE ORGANIC CONTAMINANTS
Contaminant Date(s)
Tested
Unit of
Measurement

MCL PHG
(MCLG)
Average
Detected
Level
Range of
Detection
Source of
Contaminants
Tetrachloroethylene
(PCE)
July
2023
PPB 5 0.06 0.42 ND – 0.55 Discharge from factories,
dry cleaners, and auto
shops (metal degreaser)
Methyl-TertButyletheter (MTBE)
July
2023
PPB Primary
MCL
13 Secondary
MCL
5 13 0.4 ND – 3.1 Gas additive
Leaking
underground
Storage tanks

SYNTHETIC ORGANIC COMPOUNDS
Contaminant Date(s)
Tested
Unit of
Measurement
MCL Average
Detected
Level
Range of
Detection
Source of Contaminants
1,2,3-Trichloroprane
(1,2,3-TCP)
July
2023
PPT 0.005 ND ND Manmade chemical found in
industrial and hazardous waste
sites
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LEAD AND COPPER HOUSEHOLD TAP MONITORING
Contaminant Date(s)
Tested
Unit of
Measurement
Regulatory
Action
Level
Public
Health
Goal
Average
Detected
Level
Range of
Detection
Source of
Contaminants
Lead Aug.
2023
PPB 5 0.2 90th
Percentile;
Detected
Level is 0
Number of
sites tested
above the AL is
0 of 30
Internal corrosion of
household plumbing
systems
Copper Aug.
2023
PPM 1.3 0.3 90th
Percentile;
Level is 0.32
Number of sites
tested above AL
is 0 of 30
Internal corrosion of
household plumbing
systems

SECONDARY INORGANIC CONTAMINANTS
Contaminant Date(s)
Tested
Unit of
Measurement
MCL Average
Detected
Level
Range of
Detection
Source of Contaminants
Total
Dissolved
Solids (TDS)
July
2023
PPM 1000 723 480 - 1400 Runoff/leaching from natural
deposits.

Specific
Conductance
July
2023
uS/cm 1600 1144 760 - 2400 Substances that form ions when in water
Chloride July
2023
PPM 500 143 92 – 340 Runoff/leaching from natural
deposits
Sulfate July
2023
PPM 500 138 54 - 400 Runoff/leaching from natural
deposits
PH July
2023
Standard
Units

6.5 – 8.5 7.9 7.7 – 8.1 Leaching from natural deposits
Turbidity July
2023
NTU 5 0.23 0.1 – 0.82 Soil runoff

SODIUM AND HARDNESS
Contaminant Date(s)
Tested
Unit of
Measurement
MCL Average
Detected
Level
Range of
Detection
Source of Contaminants
Sodium July
2023
PPM N/A 96 49 - 210 Salt present in the water is
generally naturally-occurring
Total
Hardness
July
2023
PPM N/A 346 230 - 740 Is the sum of polyvalent cations
present in the water, generally
calcium and magnesium. The
cations are usually naturallyoccurring.

Bicarbonate July
2023
PPM N/A 226 130 - 400 Leaching from natural deposits
Calcium July
2023
PPM N/A 74 50 - 150 Leaching from natural deposits
Alkalinity
(Total)
July
2023
PPM N/A 226 130 - 400 Leaching from natural deposits
Magnesium July
2023
PPM N/A 39 25 - 87 Leaching from natural deposits
Potassium July
2023
PPM N/A 2.4 2 – 3.4 Leaching from natural deposits
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APPENDIX H
Adoption Resolution
2025 LOS BANOS

URBAN WATER MANAGEMENT PLAN
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Urban Water Management Plan Adoption Resolution
will be placed here after the plan is adopted
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APPENDIX I
UWMP Checklist
2020 LOS BANOS

URBAN WATER MANAGEMENT PLAN
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Appendix I: UWMP Checklist 2025
Retail Wholesale 2025 Guidebook
Location
Water Code
Section
Summary as Applies to
UWMP Subject 2025 UWMP Location
x x Chapter 1 10615
A plan shall describe and
evaluate sources of supply,
reasonable and practical
efficient uses, reclamation
and demand management
activities.

Introduction and
overview Sections 6 and 9
x x Chapter 1 10630.5
Each plan shall include a
simple description of the
Supplier’s plan including
water availability, future
requirements, a strategy for
meeting needs, and other
pertinent information.

Additionally, a Supplier may
also choose to include a
simple description at the
beginning of each chapter.

Plan preparation Lay Description at
beginning of UWMP
x x Section 2.1 10620(b)
Every person that becomes a
Supplier shall adopt UWMP
within one year after it has
become a Supplier.

Plan preparation Section 2.1
x n/a Section 2.5 10644
Supplier shall report the
Public Water Systems
number, volume of delivered
water, and number of
connections that are
included in this UWMP.

Plan preparation Section 2.1.2
x x Section 2.5 10644
Supplier shall report if this
UWMP is an individual UWMP
and whether the Supplier
belongs to a regional UWMP
or regional alliance.

Plan preparation Section 2.2
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x x Section 2.5 10644
Supplier shall report whether
the data is in fiscal or
calendar years and the units
of measure used for
reporting water volumes.

Plan preparation Section 2.4.1
x x Section 2.4 10642
Provide supporting
documentation that the
Supplier has encouraged
active involvement of diverse
social, cultural, and
economic elements of the
population within the service
area prior to and during the
preparation of the plan and
contingency plan.

Plan preparation Section 2.5
x x Section 2.4.2 10620(d)(3)
Coordinate the preparation
of its plan with other
appropriate agencies in the
area, including other
Suppliers that share a
common source, water
management agencies, and
relevant public agencies, to
the extent practicable.

Plan preparation Section 2.5.2
x n/a Section 2.4.1 10631(h)
Retail Suppliers will include
documentation that they
have provided their
Wholesale Supplier(s)—if
any—with water use
projections from that source.

Plan preparation N/A
n/a x Section 2.4.1 10631(h)
Wholesale Suppliers will
provide their Suppliers with
identification and
quantification of the existing
and planned sources of
water available from the
Wholesale Supplier to the
Supplier during various
water year types.

Plan preparation N/A
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Water Code
Section
Summary as Applies to
UWMP Subject 2025 UWMP Location
x x Chapter 3.0 10631(a) Describe the Supplier service
area.

System description Sections 3.1 and 3.2
x x Section 3.3 10631(a) Describe the climate of the
Supplier’s service area. System description Section 3.3 x x Section 3.4.1 10631(a)
Provide the current and
projected service area
populations for 2030, 2035,
2040, 2045 and optionally
2050.

System description Section 3.4
x x Section 3.4.2 10631(a)
Describe other social,
economic, and demographic
factors affecting the
Supplier’s water
management planning.

System description Section 3.4.1
x x Section 3.5 10631(a)
Describe the land uses within
the service area… include the
current and projected land
uses within the existing or
anticipated service area
affecting the Supplier’s
water management
planning. Describe the land
uses within the service area.

System description
and baselines Section 3.1
x Optional Sections 4.2.3
and 4.2.4 10631(d)(1)
Quantify past, current, and
projected water use,
identifying the uses among
water use sectors.

System water use Section 4.1
x Optional Section 4.3.1 10631(d)(3)(A)
Report the distribution
system water loss for each
of the five years preceding
the plan update.

System water use Section 4.2
x n/a Section 4.3.2 10631(d)(3)(C)
Retail Suppliers shall provide
data to show the distribution
loss standards were met.

System water use Section 4.2
x n/a Section 4.2.5.4 10631.1(a)
Include projected water use
needed for lower income
housing projected in the
service area of the Supplier.

System water use Section 4.4
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Section
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x n/a Section 4.2.5.3 10631(d)(4)(A)
In projected water use,
include estimates of water
savings from adopted codes,
plans, and other policies or
laws.

System water use Section 4.3
x n/a Section 4.2.5.3 10631(d)(4)(B)
Provide citations of codes,
standards, ordinances, or
plans used to make water
use projections.

System water use Section 4.1
x n/a Section 4.2.5.3 10631(d)(4)(B)(ii)
To the extent that a Supplier
reports the information
described in subparagraph
(A), an urban water Supplier
shall… Indicate the extent
that the water use
projections consider savings
from codes, standards,
ordinances, or transportation
and land use plans. Water
use projections that do not
account for these water
savings shall be noted of
that fact.

System water use Section 4.1
x x Section 4.2.5.6 10635(b)
Demands under climate
change considerations must
be included as part of the
drought risk assessment.

System water use Section 4.5
n/a x Section 5.1 10608.36
Wholesale Suppliers shall
include an assessment of
present and proposed future
measures, programs, and
policies to help their Retail
Suppliers achieve targeted
water use reductions.

Baselines and
targets
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Section
Summary as Applies to
UWMP Subject 2025 UWMP Location
x n/a Section 5.2 10608.4
Retail Suppliers shall report
on their compliance in
meeting their water use
targets. Reporting
requirements will vary
depending on whether the
Supplier:
- Was considered an urban
retail water supplier in 2020,
- Met its 2020 target in
2020, or
- Was part of a merger or
consolidation since 2020.

Chapter 5 Subsections 5.2.1,

5.2.2, and 5.2.3 address each
of these situations.

Baselines and
targets
Section 5.1 and
Appendix A
x x Section 6.1 10631(b)(2)
When multiple sources of
water supply are identified,
describe the management of
each supply in relationship to
other identified supplies.

System supplies Section 7.1
x x
Sections 6.1 and

6.2 10631(b)(1)
Provide a discussion of
anticipated supply
availability under a normal,
single dry year, and a
drought lasting five years, as
well as more frequent and
severe periods of drought,
including changes in supply
due to climate change.

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Section
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x x Section 6.2.2 10631(b)(4)(C)
Indicate whether
groundwater is an existing or
planned source of water
available to the Supplier. If
groundwater is identified as
an existing or planned
source of water… (include) a
detailed description and
analysis of the location,
amount and sufficiency of
groundwater pumped by the
Supplier for the past five
years.

Water supplies and
recycled water
Section 7.1 and

6.2.4 x x Section 6.2.2 10631(b)(4)(A)
Indicate whether a
groundwater sustainability
plan or groundwater
management plan has been
adopted by the Supplier or if
there is any other specific
authorization for
groundwater management.

Include a copy of the plan or
authorization.

System supplies Section 6.2.2
x x Section 6.2.2 10631(b)(4)(B) Describe the groundwater basin. System supplies Section 6.2.1
x x Section 6.2.2 10631(b)(4)(B)
Indicate if the basin has
been adjudicated and include
a copy of the court order or
decree and a description of
the amount of water the
Supplier has the legal right
to pump.

System supplies Section 6.2.2
x x Section 6.2.2 10631(b)(4)(B)
For unadjudicated basins…
(include) information as to
whether DWR has identified
the basin as a high- or
medium-priority basin in the
most current official
departmental bulletin…
Water supplies and
recycled water Section 6.2.1
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Section
Summary as Applies to
UWMP Subject 2025 UWMP Location
x x Section 6.2.2 10631(b)(4)(B)
For unadjudicated basins…
describe efforts by the
Supplier to coordinate with
sustainability or groundwater
agencies to achieve
sustainable groundwater
conditions.

Water supplies and
recycled water Sections 6.2 and 6.4
x x Section 6.2.2 10631(b)(4)(C)
If groundwater is identified
as an existing or planned
source of water… (include) a
detailed description and
analysis of the location,
amount and sufficiency of
groundwater pumped by the
Supplier for the past five
years.

System supplies Section 7.1 and

6.2.4 x x Section 6.2.2 10631(b)(4)(D)
Provide a detailed
description and analysis of
the amount and location of
groundwater that is
projected to be pumped.

System supplies Section 6.2
x x Section 6.1 10631(b)
Identify and quantify the
existing and planned sources
of water available for 2025,
2030, 2035, 2040, 2045 and
optionally 2050.

System supplies Section 7.3
x x Section 6.2.7 10631(c)
Describe the opportunities
for exchanges or transfers of
water on a short-term or
long-term basis.

System supplies Section 6.7
x n/a Section 6.2.5 10633(a)
Describe the wastewater
collection and treatment
systems in the Supplier’s
service area with quantified
amount of collection and
treatment and the disposal
methods.

System supplies
(recycled water)
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Section
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x x Section 6.2.5 10633(b)
Describe the quantity of
treated wastewater that
meets recycled water
standards, is being
discharged, and is otherwise
available for use in a
recycled water project.

System supplies
(recycled water) Section 6.5.1
x x Section 6.2.5 10633(c)
Describe the recycled water
currently being used in the
Supplier's service area.

System supplies
(recycled water) N/A
x x Section 6.2.5 10633(d)
Describe and quantify the
potential uses of recycled
water and provide a
determination of the
technical and economic
feasibility of those uses.

System supplies
(recycled water) Section 6.5.1
x x Section 6.2.5 10633(e)
Describe the projected use of
recycled water within the
Supplier's service area at the
end of 5, 10, 15, and 20
years, and describe the
actual use of recycled water
in comparison to uses
previously projected.

System supplies
(recycled water) N/A
x x Section 6.2.5 10633(f)
Describe the actions that
may be taken to encourage
the use of recycled water
and the projected results of
these actions in terms of
acre-feet of recycled water
used per year.

System supplies
(recycled water) Section 6.5.5
x x Section 6.2.5 10633(g)
Provide a plan for optimizing
the use of recycled water in
the Supplier's service area.

System supplies
(recycled water) Section 6.5.5
x x Section 6.2.6 10631(g)
Describe desalinated water
project opportunities for
long-term supply.

System supplies Section 6.6
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Water Code
Section
Summary as Applies to
UWMP Subject 2025 UWMP Location
x x Section 6.2.10 10631(f)
Describe the expected future
water supply projects and
programs that may be
undertaken by the water
Supplier to address water
supply reliability in average,
single-dry, and for a period
of drought lasting five
consecutive water years.

System supplies Section 6.8
x x
Section 6.3 and
Appendix O 10631.2(a)
The UWMP must include
energy information, as
stated in the code, that a
Supplier can readily obtain.

System suppliers,
energy intensity Section 6.11
x Section 7.1 10634
Provide information on the
quality of existing sources of
water available to the
Supplier and the manner in
which water quality affects
water management
strategies and supply
reliability.

Water supply
reliability
assessment
Section 7.4
x x Section 7.2 10635(a)
Service Reliability
Assessment: Assess the
water supply reliability
during normal, dry, and a
drought lasting five
consecutive water years by
comparing the total water
supply sources available to
the Supplier with the total
projected water use over the
next 20 years.

Water supply
reliability
assessment
Section 7.3
x x Section 7.2.3 10620(f)
Describe water management
tools and options to
maximize resources and
minimize the need to import
water from other regions.

Water supply
reliability
assessment
Section 7
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Water Code
Section
Summary as Applies to
UWMP Subject 2025 UWMP Location
x x Section 7.3 10635(b)
Provide a drought risk
assessment as part of
information considered in
developing the demand
management measures and
water supply projects.

Water supply
reliability
assessment
Section 7.6
x x Section 7.3 10635(b)(1)
Include a description of the
data, methodology, and
basis for one or more supply
shortage conditions that are
necessary to conduct a
drought risk assessment for
a drought period that lasts
five consecutive years.

Water supply
reliability
assessment
Section 7.3
x x Section 7.3 10635(b)(2)
Include a determination of
the reliability of each source
of supply under a variety of
water shortage conditions.

Water supply
reliability
assessment
Section 7.1
x x Section 7.3 10635(b)(3)
Include a comparison of the
total water supply sources
available to the Supplier with
the total projected water use
for the drought period.

Water supply
reliability
assessment
Section 7.3
x x Section 7.3 10635(b)(4)
Include considerations of the
historical drought hydrology,
plausible changes on
projected supplies and
demands under climate
change conditions,
anticipated regulatory
changes, and other locally
applicable criteria.

Water supply
reliability
assessment
Section 7.7
x x Chapter 8 10632(a)
Provide a water shortage
contingency plan (WSCP)
with specified elements
below.

Water shortage
contingency
planning
Appendix D
x x Chapter 8 10632(a)(1)
Provide an analysis of water
supply reliability (from
Guidebook Chapter 7) in the
WSCP.

Water shortage
contingency
planning
Appendix D
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Section
Summary as Applies to
UWMP Subject 2025 UWMP Location
x x Section 8.2 10632(a)(2)(A)
Provide the written decisionmaking process and other
methods that the Supplier
will use each year to
determine its water
reliability.

Water shortage
contingency
planning
Appendix D
x x Section 8.2 10632(a)(2)(B)
Provide data and
methodology to evaluate the
Supplier’s water reliability
for the current year and one
dry year pursuant to factors
in the code.

Water shortage
contingency
planning
Appendix D
x x Section 8.3 10632(a)(3)(A)
Define six standard water
shortage levels of 10%,
20%, 30%, 40%, 50%
shortage, and greater than
50% shortage. These levels
shall be based on supply
conditions, including percent
reductions in supply,
changes in groundwater
levels, changes in surface
elevation, or other
conditions. The shortage
levels shall also apply to a
catastrophic interruption of
supply.

Water shortage
contingency
planning
Appendix A and
Appendix D
x x Section 8.3 10632(a)(3)(B)
Suppliers with an existing
WSCP that uses different
water shortage levels must
cross reference their
categories with the six
standard categories.

Water shortage
contingency
planning
N/A
x x Section 8.4 10632(a)(4)(A)
Suppliers with WSCPs that
align with the defined
shortage levels must specify
locally appropriate supply
augmentation actions.

Water shortage
contingency
planning
Appendix D
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Section
Summary as Applies to
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x x Section 8.4 10632(a)(4)(B)
Specify locally appropriate
demand reduction actions to
adequately respond to
shortages.

Water shortage
contingency
planning
Appendix D
x x Section 8.4 10632(a)(4)(C) Specify locally appropriate operational changes.

Water shortage
contingency
planning
Appendix D
x x Section 8.4 10632(a)(4)(D)
Specify additional mandatory
prohibitions against specific
water use practices that are
in addition to Statemandated prohibitions are
appropriate to local
conditions.

Water shortage
contingency
planning
Appendix D
x x Section 8.4 10632(a)(4)(E)
Estimate the extent to which
the gap between supplies
and demand will be reduced
by implementation of the
action.

Water shortage
contingency
planning
Appendix D
x x Section 8.4.6 10632.5
The UWMP shall include a
seismic risk assessment and
mitigation plan.

Water shortage
contingency plan Appendix D
x x Section 8.5 10632(a)(5)(A)
Suppliers must describe that
they will inform customers,
the public and others
regarding any current or
predicted water shortages.

Water shortage
contingency
planning
Appendix D
x x Section 8.5 10632(a)(5)(B),
10632(a)(5)(C)
Suppliers must describe that
they will inform customers,
the public and others
regarding any shortage
response actions triggered or
anticipated to be triggered
and other relevant
communications.

Water shortage
contingency
planning
Appendix D
x n/a Section 8.6 10632(a)(6)
Retail Supplier must describe
how it will ensure
compliance with and enforce
provisions of the WSCP.

Water shortage
contingency
planning
Appendix D
DRAFT
331
Los Banos 2025 Urban Water Management Plan
I-13
Retail Wholesale 2025 Guidebook
Location
Water Code
Section
Summary as Applies to
UWMP Subject 2025 UWMP Location
x x Section 8.7 10632(a)(7)(A)
Describe the legal authority
that empowers the Supplier
to enforce shortage response
actions.

Water shortage
contingency
planning
Appendix D
x x Section 8.7 10632(a)(7)(B)
Provide a statement that the
Supplier will declare a water
shortage emergency per
Water Code Chapter 3.

Water Shortage
Emergencies.

Water shortage
contingency
planning
Appendix D
x x Section 8.7 10632(a)(7)(C)
Provide a statement that the
Supplier will coordinate with
any city or county within
which it provides water for
the possible proclamation of
a local emergency.

Water shortage
contingency
planning
Appendix D
x x Section 8.8 10632(a)(8)(A)
Describe the potential
revenue reductions and
expense increases
associated with activated
shortage response actions.

Water shortage
contingency
planning
Appendix D
x x Section 8.8 10632(a)(8)(B)
Provide a description of
mitigation actions needed to
address revenue reductions
and expense increases
associated with activated
shortage response actions.

Water shortage
contingency
planning
Appendix D
x n/a Section 8.8 10632(a)(8)(C)
Retail Suppliers must
describe the cost of
compliance with Water Code
Chapter 3.3, Excessive
Residential Water Use During
Drought.

Water shortage
contingency
planning
DRAFT
Appendix D
332
Los Banos 2025 Urban Water Management Plan
I-14
Retail Wholesale 2025 Guidebook
Location
Water Code
Section
Summary as Applies to
UWMP Subject 2025 UWMP Location
x n/a Section 8.9 10632(a)(9)
Retail Suppliers must
describe the monitoring and
reporting requirements and
procedures that ensure
appropriate data are
collected, tracked, and
analyzed for purposes of
monitoring customer
compliance.

Water shortage
contingency
planning
Appendix D
x x Section 8.10 10632(a)(10)
Describe reevaluation and
improvement procedures for
monitoring and evaluation
the WSCP to ensure risk
tolerance is adequate and
appropriate water shortage
mitigation strategies are
implemented.

Water shortage
contingency
planning
Appendix D
x n/a Section 8.11 10632(b)
Analyze and define water
features that are artificially
supplied with water,
including ponds, lakes,
waterfalls, and fountains,
separately from swimming
pools and spas.

Water shortage
contingency
planning
Appendix D
x x Section 8.12 10632(c)
Make available the WSCP to
customers and any city or
county where it provides
water within 30 days after
adoption of the plan.

Water shortage
contingency
planning
Section 10.5
x n/a Sections 9.1 10631(e)(1)
Retail Suppliers shall provide
a description of the nature
and extent of each demand
management measure
implemented over the past
five years. The description
will address specific
measures listed in code.

Demand
management
measures
DRAFT
Section 9
333
Los Banos 2025 Urban Water Management Plan
I-15
Retail Wholesale 2025 Guidebook
Location
Water Code
Section
Summary as Applies to
UWMP Subject 2025 UWMP Location
n/a x Sections 9.2 10631(e)(2)
Wholesale Suppliers shall
describe specific demand
management measures
listed in code, their
distribution system asset
management program, and
Supplier assistance program.

Demand
management
measures
N/A
x n/a Chapter 10 10608.26(a)
Retail Suppliers shall conduct
a public hearing to discuss
adoption, implementation,
and economic impact of
water use targets
(recommended to discuss
compliance).

Plan adoption,
submittal, and
implementation
Sections 10.2 and

10.3 x x Section 10.2.1 10621(b)
Notify, at least 60 days prior
to the public hearing, any
city or county within which
the Supplier provides water
that the Supplier will be
reviewing the UWMP and
considering amendments or
changes to the plan.

Plan adoption,
submittal, and
implementation
Section 10.2.1
x x Section 10.4 10621(f)
Each urban water Supplier
shall update and submit its
2025 plan to DWR by July 1,
2026.

Plan adoption,
submittal, and
implementation
Section 10.4
x x
Sections 10.2.2,

10.3, and 10.5 10642
Provide supporting
documentation that the
Supplier made the UWMP
and WSCP available for
public inspection, published
notice of the public hearing,
and held a public hearing
about the UWMP and WSCP.

Plan adoption,
submittal, and
implementation
Section 10.2, 10.3,
and Appendix B
x x Section 10.2.2 10642
The Supplier is to provide
the time and place of the
hearing to any city or county
within which the Supplier
provides water.

Plan adoption,
submittal, and
implementation
Section 10.2 and

10.3 DRAFT
334
Los Banos 2025 Urban Water Management Plan
I-16
Retail Wholesale 2025 Guidebook
Location
Water Code
Section
Summary as Applies to
UWMP Subject 2025 UWMP Location
x x Section 10.3.2 10642
Provide supporting
documentation that the
UWMP and WSCP has been
adopted as prepared or
modified.

Plan adoption,
submittal, and
implementation
Appendix H
x x Section 10.4 10644(a)
Provide supporting
documentation that the
Supplier has submitted their
UWMP to the California State
Library.

Plan adoption,
submittal, and
implementation
Section 10.4
x x Section 10.4 10644(a)(1)
Provide supporting
documentation that the
Supplier has submitted their
UWMP to any city or county
within which the Supplier
provides water no later than
30 days after adoption.

Plan adoption,
submittal, and
implementation
Section 10.4
x x
Sections 10.4.1
and 10.4.2 10644(a)(2)
The UWMP, or amendments
to the UWMP, submitted to
DWR shall be submitted
electronically.

Plan adoption,
submittal, and
implementation
Section 10.4
x x Section 10.7.2 10644(b)
If revised, submit a copy of
the WSCP to DWR within 30
days of adoption.

Plan adoption,
submittal, and
implementation
Section 10.4
x x Section 10.5 10645(a)
Provide supporting
documentation that, not
later than 30 days after filing
a copy of its UWMP with
DWR, the Supplier has or will
make the plan available for
public review during normal
business hours.

Plan adoption,
submittal, and
implementation
Section 10.5
x x Section 10.5 10645(b)
Provide supporting
documentation that, not
later than 30 days after filing
a copy of its WSCP with
DWR, the Supplier has or will
make the plan available for
public review during normal
business hours.

Plan adoption,
submittal, and
implementation
Section 10.5
DRAFT
335
Los Banos 2025 Urban Water Management Plan
I-17
Retail Wholesale 2025 Guidebook
Location
Water Code
Section
Summary as Applies to
UWMP Subject 2025 UWMP Location
x x Section 10.6 10621(c)
If Supplier is regulated by
the Public Utilities
Commission, include its plan
and contingency plan as part
of its general rate case
filings.

Plan adoption,
submittal, and
implementation
N/A
DRAFT
336
Agenda Staff Report
TO: Mayor Amabile and City Council Members
FROM: Minerva Moreno, Finance Director
DATE: June 17, 2026
TYPE OF REPORT: Public Hearing
SUBJECT: Authorizing the Levy and Collection of Assessments for Weed Abatement within the City of Los Banos
______________________________________________________________________ Recommendation:

Adopt a resolution authorizing the levy and collection of assessments for weed abatement on the Merced County tax roll for Fiscal Year 2026-2027.

Background:

The Los Banos Municipal Code Section 4-6.03 states that it is unlawful to maintain properties in a condition detrimental to public health, safety, or welfare and declares certain conditions to be public nuisances such as overgrown vegetation. The code also establishes procedures in identifying nuisance properties, notifying property owners, conducting abatement when necessary, and recovering the costs incurred by the City.

Property owners were provided an opportunity to remove the nuisance conditions prior to the City’s intervention. Properties that remained in violation after the compliance deadline were abated by the City’s authorized contractor. The costs incurred in performing the weed abatement were invoiced and are recoverable by the property owner.

Discussion:

Pursuant to Los Banos Municipal Code Section 4-6.23(d), the City is authorized to recover unpaid weed abatement costs by assessing those costs against the benefited property. If the costs are not paid within 90 days after the completion of the abatement 337
ITEM 9B
process, the unpaid amounts may be assessed against the property and transmitted to the Merced County Tax Collector for collection on the property tax roll.

Following completion of the work, invoices were issued to the affected property owners for the costs of abatement, including applicable administrative costs authorized by the Municipal Code. The proposed assessments represent the first use of the property tax roll collection process for unpaid weed abatement costs since Fiscal Year 2021–2022.

While the City has continued to pursue voluntary payment and collection efforts, the balances identified in Exhibit A remain unpaid and are eligible for recovery through the assessment process established by the Municipal Code.

The total unpaid assessment amount is $12,949.84, representing abatement costs associated with 24 parcels. In accordance with the Municipal Code, these unpaid costs are eligible to be placed on the Merced County property tax roll for collection during Fiscal Year 2026-2027.

A notice of public hearing was published in the Westside Express on Wednesday, May 20, 2026 and Wednesday, May 27, 2026. In addition, the City Clerk posted the notice on the bulletin board located outside of City Hall and on the City’s website.

Fiscal Impact:

Approval of the proposed resolution will allow the City to recover costs incurred in abating weed abatement. The recovery of these costs reduces the financial burden on the City’s General Fund and ensures that expenses associated with the abatement are accepted by the responsible property owners. The assessment amount being placed on the tax roll for collection is $12,949.84. The cost to place these assessments on the Merced County tax roll is an annual fee of $50.00 and a per assessment fee of $.35 for a total cost of $58.40.

Reviewed by:
_________________________
Soknirorn Than, City Manager
Attachments:

1. Resolution

2. Exhibit A – Assessments

3. Notice of Public Hearing
338
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS AUTHORIZING THE LEVY

AND COLLECTION OF ASSESSMENTS FOR

WEED ABATEMENT WITHIN THE CITY OF LOS
BANOS
WHEREAS, the City has performed certain weed abatement activities within the City of Los Banos in accordance to Section 4-6.23 (c) of the Municipal Code; and WHEREAS, Section 4-6.23 (d) of the Code requires the City, under certain circumstances, to assess the cost of weed abatement the City performs to the property that has benefited from this service. The 2026-2027 Assessment is attached to and made part of this resolution as Exhibit A.

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

1. The charge is in compliance with all laws pertaining to the levy of weed abatement assessments.

2. The Charge is levied without regard to property valuation.

3. The Finance Director of the City of Los Banos is hereby authorized and directed to submit assessments to the Merced County Tax Collector as identified in Exhibit A for further disposition and to establish the appropriate lien on the subject real property. The Finance Director is further authorized to make any adjustments or corrections to these charges as may become necessary to ensure accuracy and correctness of the lien.

The foregoing resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 17th day of, June 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
339
ATTEST:
________________________
Lucille L. Mallonee, City Clerk
340
Exhibit A - Assessments
Assessment # Amount
Tax
Code
025051014000 306.24 85000
025051014000 491.04 85000
025092024000 105.60 85000
026013025000 649.44 85000
027021031000 158.40 85000
027023030000 535.92 85000
027055020000 459.36 85000
027086009000 282.48 85000
027086009000 258.72 85000
027086009000 377.52 85000
027096013000 520.92 85000
027201007000 579.48 85000
083140016000 1207.80 85000
083262001000 353.76 85000
084020038000 415.42 85000
084020038000 1068.32 85000
084020046000 415.42 85000
084020046000 445.30 85000
428140048000 607.20 85000
428150001000 967.22 85000
428150001000 865.92 85000
428150002000 617.76 85000
428160022000 674.52 85000
431092013000 586.08 85000
341
342
Do not include a footer or page number
Agenda Staff Report
TO: Mayor Amabile and Members of the City Council
FROM: Minerva Moreno, Finance Director
DATE: June 17, 2026
TYPE OF REPORT: Public Hearing
SUBJECT: Public Comment and Consideration Adoption of the Appropriation Limitation for the 2026-2027 Fiscal Year
______________________________________________________________________ Recommendation:

The following actions are requested of Council to complete the process for this year:
 Action Item 1. Hold a Public Hearing concerning the Appropriation Limitation for the 2026-2027 FY.
 Action Item 2. Council adopt a resolution of the City of Los Banos Setting the Tax Related Appropriation Limit in Compliance with Proposition 4 and Proposition 111 for Fiscal Year 2026-2027 using the California Department of Finance Inflation and Population factors.

Background:

In November 1979, the California voters approved Proposition 4, which created Article XIIIB of the State Constitution, a state law that requires the state and local governments to adopt an annual appropriation limit. This limit, also referred to as the “Gann Limit”, establishes a limit on the proceeds of taxes that may be appropriated for spending in a given fiscal year. The limit allows the City’s spending of tax proceeds to increase only by population growth and cost-of-living factors for the base year of 1978-1979. In June 1990, Proposition 111 was passed which changed the way the limit is calculated and is outlined as follows:
343
ITEM 9C
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The City may increase its limit annually by using the following factors:
• Price Factor: By selecting the agency’s cost of living factor to compute the appropriation limit (this action requires a vote of the governing body) or by using the cost of living factor provided by the California Department of Finance based on the per capita personal income.
• Population Factors: By using a percentage equal to the change in the county or city population, whichever is higher, as a growth factor for computing the appropriation limit (also provided annually by the California Department of Finance).

Staff recommends calculating the Appropriation Limit in accordance with the California Department of Finance inflation and population adjustment factors. For Fiscal Year 2026-2027, the Appropriation Limit is calculated as follows:

FY 2025-2026 Appropriation Limit $137,298,158
Multiplied by percentage growth in State Per Capita Personal Income 1.0495 Multiplied by change in City Population 1.0033
Proposed FY 2026-2027 Appropriation Limit $144,574,961
The proposed appropriation for FY 2026-2027 of $34,080,038 is significantly below the allowable limit.

Fiscal Impact:

The Gann Appropriation Limit sets a spending limit for the amount that the City can legally tax the citizens of Los Banos. The fiscal impact of the Gann Appropriation limit would be the limitation of the City’s ability to tax the citizens if it surpassed the $144,574,961 amount in taxes. The City is at 23.57% of the proposed limitation.

Reviewed by:
__________________________
Soknirorn Than, City Manager
Attachments:

1. Resolution

2. Gann Appropriation Limitation Calculation

3. Public Hearing Notice

4. Department of Finance Letter regarding price and population information 344
Formatting instructions: 1” margins, use Arial 14 pt font for the heading & Arial 12 pt font for the body RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS ADOPTING THE

APPROPRIATION LIMIT IN COMPLIANCE WITH
PROPOSITION 4 AND PROPOSITION 111 FOR
FISCAL YEAR 2026-2027
WHEREAS, the City Council is required under Article XIIIB of the California Constitution to adopt the appropriations limit prior to adopting the annual budget; and WHEREAS, the City is permitted to annually adjust its Limit in accordance with inflation and population adjustment factors; and
WHEREAS, a Public Hearing was duly held on June 17, 2026 providing an opportunity for City Council to review the Appropriation Limitation Analysis and to allow for public comment.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Los Banos, that in accordance with Article XIIIB of the California Constitution, the City of Los Banos does hereby adopt the California Per Capita Personal Income at 1.0495% and the Population factor of 1.0033% to calculate the appropriations limit of $144,574,961 for FY 2026-2027, a copy of which is attached hereto as “Attachment 2”.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 17th day of June 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
345

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346
FY 2025-2026 Appropriations Limit $137,298,158
A. Change in California Per Capita Personal Income
(converted to a ratio) 1.0495
B. Greater of the Change in population
(converted to a ratio)
City of Los Banos 1.0033
County of Merced 0.9000
Adjustment factor (A multiplied by B) 1.0530
FY 2026-2027 Appropriations Limit $144,574,961
FY City Population Limit
2026-2027 49,255 $144,574,961
2025-2026 48,896 $137,298,158
2024-2025 47,347 $127,186,807
2023-2024 47,300 $137,298,158
2022-2023 46,639 $115,399,111
2021-2022 42,869 $106,211,791
2020-2021 41,923 $98,080,886
2019-2020 41,898 $93,117,712
2018-2019 40,986 $87,483,758
2017-2018 39,993 $82,376,420
City of Los Banos

GANN APPROPRIATION LIMITATION
Fiscal Year 2026-2027
City of Los Banos Tax Appropriation Limit - 10 Years
347
348
May 1, 2026
Dear Fiscal Officer:

Price Factor and Population Information
Appropriations Limit
California Revenue and Taxation Code section 2227 requires the Department of Finance to transmit an estimate of the percentage change in population to local governments.

Each local jurisdiction must use their percentage change in population factor for January 1, 2026, in conjunction with a change in the cost of living, or price factor, to calculate their appropriations limit for fiscal year 2026–27. Attachment A provides the change in California’s per capita personal income and an example for utilizing the factors to calculate the 2026–27 appropriations limit. Attachment B provides the city and unincorporated county population percentage change. Attachment C provides the population percentage change for counties and their summed incorporated areas. The population percentage change data excludes federal and state institutionalized populations and military populations.

Population Percent Change for Special Districts
Some special districts must establish an annual appropriations limit. California Revenue and Taxation Code section 2228 provides additional information regarding the appropriations limit. Article XIII B, section 9(C) of the California Constitution exempts certain special districts from the appropriations limit calculation mandate. Special districts required by law to calculate their appropriations limit must present the calculation as part of their annual audit. Any questions special districts have on this requirement should be directed to their county, district legal counsel, or the law itself. No state agency reviews the local appropriations limits.

Population Certification
The population certification program applies only to cities and counties. California Revenue and Taxation Code section 11005.6 mandates Finance to automatically certify any population estimate that exceeds the current certified population with the State Controller’s Office. Finance will certify the higher estimate to the State Controller by June 1, 2026. Please note: The prior year’s city population estimates may be revised.

The per capita personal income change is based on historical data.

If you have any questions regarding this data, please contact the Demographic Research Unit at (916) 323-4086.
/s Erika Li
Attachment
349
May 2026
Attachment A
A. Price Factor: Article XIII B specifies that local jurisdictions select their cost of living factor to compute their appropriation limit by a vote of their governing body. The cost of living factor provided here is per capita personal income. If the percentage change in per capita personal income is selected, the percentage change to be used in setting the fiscal year 2026–27 appropriation limit is:

Per Capita Personal Income
Fiscal Year Percentage change
(FY) over prior year
2026-27 4.95
B. Following is an example using sample population change and the change in California per capita personal income as growth factors in computing a 2026–27 appropriation limit.
2026–27:

Per Capita Cost of Living Change = 4.95 percent
Population Change = -0.14 percent
Per Capita Cost of Living converted to a ratio: 4.95 + 100 = 1.0495 100
Population converted to a ratio: -0.14 + 100 = 0.9986
100
Calculation of factor for FY 2026–27: 1.0495 x 0.9986 = 1.0480 350
Agenda Staff Report
TO: Mayor Amabile and City Council Members
FROM: Minerva Moreno, Finance Director
DATE: June 17, 2026
TYPE OF REPORT: Public Hearing
SUBJECT: Public Hearing and Consideration of Adoption of the Fiscal Year 2026–2027 Budget
______________________________________________________________________ Recommendation:

The City Council is requested to take the following action regarding the City of Los Banos 2026/2027 Fiscal Year Budget:
• Conduct a noticed Public Hearing to review the Requested Budget for 2026/2027 FY.
• Adopt a resolution by the City Council, which approves the 2026/2027 FY Budget, and establishes the updated employee salary schedule (Div. 4).

Background:

Each year, the City of Los Banos adopts an Annual Budget before the fiscal year begins on July 1. To prepare for the 2026/2027 budget adoption, departmental budget meetings were conducted from April 20 to April 27, 2026, followed by a Council Budget Workshop on May 5, 2026. The Proposed Budget was then presented at the City Council Meeting on June 3, 2026. These discussions assessed current needs and future priorities, ensuring fiscal sustainability through alignment with projected revenues. The adoption of this resolution finalizes the 2026/2027 fiscal year budget process, authorizes its implementation effective July 1, 2026, and establishes the updated employee salary schedule.

Discussion:

The following exhibits are provided for City Council’s review and consideration:

ITEM 9D
351
• Exhibit A: The Summary of Fund Balance for the 2026/2027 FY set forth by fund the estimated revenues, transfers in and out, and the proposed expenditures.
• Exhibit B: Salary Schedule (Policy & Procedures Manual - Division 4) – presents the 2026/2027 FY employee classifications, positions authorized, and salary ranges for all employees.

Key Highlights from Exhibit A – Summary of Fund Balance for Fiscal Year 2026/2027:
• The General Fund unassigned beginning balance is estimated at $15.4M, with an ending balance of $14.9M (excluding Measure H assigned funds). The City anticipates revenues of $29.5M, covering operational costs of approximately $27.7M, along with $12.6 in one-time expenditures.
• City-wide revenues are projected at $122.2M, while total expenditures are estimated at $165.3M, with an expected City-wide ending balance of $209.7M. • General Fund revenue is expected to see slight growth, with conservative budgeting assumptions applied, considering current economic conditions. • Significant expenditure factors include continued increases in personnel costs— salaries, health insurance, and retirement benefits—as well as rising costs in workers’ compensation, liability insurance, utilities, fuel, and one-time expenditures for general governmental and capital projects. • This budget includes all salary adjustments as stated in the Memorandums of Understanding (MOUs) with the six (6) bargaining groups and a 3% salary increase for unrepresented staff.
• Enterprise Funds reflect a CPI-based revenue increase for water, wastewater, and solid waste services, as outlined in the approved rate study.

Minimal changes were made from the previously presented proposed budget on June 3, 2026. The following adjustments were incorporated:
• General Fund – Police: Appropriations increased by $6,500, bringing the total budget to $86,500 for the RIMS Software First Responder program. • General Fund – CED Housing: Appropriations increased by $26,000 for surveillance security services at the encampment.
• Measure H – Police: Appropriations increased by $15,000, bringing the total budget to $56,123 for the purchase of Unmanned Aerial Systems (UAS). • Retiree Health Fund: Appropriations increased by $114,101, resulting in a total budget of $2,035,839 based on the updated OPEB actuarial valuation. • Measure P – Police: Appropriations increased by $157,176 in Personnel Services, bringing the total for Personnel Services to $1,534,834. • Water and Wastewater Funds: Revenue and expenditure budgets were reallocated between restricted and unrestricted categories to accurately reflect funding sources. This adjustment results in no net budgetary change.

Fiscal Impact:
352
The 2026/2027 Fiscal Year Budget maintains the City’s commitment to responsible financial management and long-term fiscal health.

A key priority remains preserving the General Fund reserve. In the 2010-2011 fiscal year, the City Council adopted a Fund Balance Reserve Policy, requiring the City to maintain reserves equal to 30% of General Fund operating expenditures to support ongoing municipal operations. Approximately $8.3M of the total General Fund balance is assigned specifically for this purpose.

The proposed budget reflects maintaining and enhancing current service levels throughout the upcoming fiscal year.

Reviewed by:
_______________________________
Soknirorn Than, City Manager
Attachments:

1. Resolution

2. Public Notice

3. Exhibit A – Summary of Fund Balance

4. Exhibit B – Salary Schedule

5. Exhibit C – Fiscal Year 2026-2027 Proposed Budget
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354
Formatting instructions: 1” margins, use Arial 14 pt font for the heading & Arial 12 pt font for the body RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS APPROVING THE
2026/2027 FISCAL YEAR BUDGET AND
UPDATED SALARY SCHEDULE (DIVISION 4)
WHEREAS, a Requested Budget for the 2026/2027 Fiscal Year has been presented to the City Council of the City of Los Banos; and WHEREAS, the Requested Budget for the City of Los Banos has been reviewed by the Finance Director, City Manager, and Department Heads at department budget meetings held April 20 through April 27, 2026; and
WHEREAS, Public Hearings were duly held on June 3 and 17, 2026 providing an opportunity for City Council to review the Requested Budget and to allow for public comment.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Los Banos that the 2026/2027 Fiscal Year Budget, including the Salary Schedule is hereby adopted; and
BE IT FURTHER RESOLVED that:
1) That Exhibit A - Summary of Fund Balance and Exhibit B - Salary Schedule, are attached and made a part of this Resolution. Within each fund in Exhibit A, the estimated revenues presented are recognized, the Transfer Ins and Transfer Outs are authorized, and the proposed expenditures are appropriated; 2) The City Manager is hereby authorized to transfer, per occurrence, up to $200,000 in appropriations for the General Fund and $100,000 in appropriations for any other fund between accounts within other funds in Exhibit A as a budget adjustment to meet unforeseen events;
3) The City Council of the City of Los Banos may adjust the overall appropriation levels in each fund at any time during the 2026/2027 Fiscal Year by action to amend this budget.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 17th day of June 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:
355
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APPROVED:

ATTEST:
__________________________
Michael S. Amabile, Mayor
__________________________
Lucille L. Mallonee, City Clerk
356
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358
Fund
2025-2026
Audited
Fund Balance
2025-2026
Estimated Revenue
2025-2026
Estimated Transfer
In
2025-2026
Estimated
Expenditures
2025-2026
Estimated
Transfer Out
2026-2027
Est. Beginning
Fund Balance
2026-2027
Proposed
Revenue
2026-2027
Proposed
Transfer In
2026-2027
Proposed
Expenditures
2026-2027
Proposed
Transfer Out
2026-2027
Est. Ending
Fund Balance
100 - GENERAL FUND 12,609,250 28,329,802 - 25,527,427 - 15,411,626 29,511,695 - 29,346,746 610,124 14,966,451 100 - GENERAL FUND ASSIGNED 14,427,945 - - 100,000 - 14,327,945 - 550,124 3,043,050 - 11,835,019 100 - GENERAL FUND COMMITTED 8,000,000 - - - - 8,000,000 - - 8,000,000 - - 101 - MEASURE H 7,435,130 4,763,188 - 3,772,278 - 8,426,039 5,023,373 - 5,075,502 - 8,373,911 - -
200 - MOVIE NIGHT FUND 4,543 150 - - - 4,693 - - 4,550 - 143 202 - CITY HALL ADMIN FUND 796,682 202,750 - 40,000 - 959,432 160,000 - 86,671 - 1,032,761 203 - RESTITUTION FUND - - - - - - - - - - -
204 - PREVENTION UNDERAGE 7,739 252 - 2,000 - 5,991 201 - 2,000 - 4,192 206 - ARPA FUNDING 1,556,548 - - 1,553,028 - 3,520 - - - - 3,520 207 - RSTP EXCHANGE FUND 715,721 680,065 - 347,933 - 1,047,853 685,639 - 972,757 - 760,735 208 - GENERAL GOVERNMENT 176,252 91,700 - - - 267,952 83,000 - 176,252 - 174,700 210 - PLANT-A-TREE FUND 659 26 - - - 685 - - - - 685
212 - PEG FRANCHISE FUND 326,070 201,150 - 400,000 - 127,220 47,000 - - - 174,220 214 - TRANSPORTATION EXPENDITURE PLAN 5,034,842 1,768,000 - 280,000 - 6,522,842 1,720,000 - 4,615,000 - 3,627,842 215 - GAS TAX 2105 FUND 3,183,618 2,755,508 - 2,143,196 - 3,795,930 2,911,830 - 4,550,000 - 2,157,760 220 - LOCAL TRANSPORTATION 755,518 412,003 - 500,000 - 667,521 292,822 - 400,000 - 560,343 229 - REGIONAL TRANS PROJECTS (771,694) 2,391,275 - 2,700,000 - (1,080,419) 900,000 - 900,000 - (1,080,419) 230 - TRAFFIC IMPACT FUND 11,716,727 876,400 - 1,597,300 - 10,995,827 800,000 - 226,700 - 11,569,127 231 - BADGER FLAT PIONEER (IN LIEU FEE) 271,248 621,200 - - - 892,448 666,023 - - - 1,558,471 232 - STORM DRAIN IMPACT FUND 1,025,410 444,000 - - - 1,469,410 - - - - 1,469,410 233 - LAMOGLIA IMPACT FUND 722,960 27,700 - 284,263 - 466,397 20,000 - 270,000 - 216,397 234 - MEADOWLANDS IMPACT FUND 153,557 5,881 - - - 159,438 - - - - 159,438 235 - ASSET FORFEITURE FUND 27,073 1,000 - - - 28,073 600 - 27,000 - 1,673 236 - POLICE AUGMENTATION FUND 4,984,142 2,511,556 - 2,280,090 - 5,215,608 2,574,823 - 3,027,502 - 4,762,928 237 - SLESF COPS PROGRAM (49,699) 200,290 - 145,000 - 5,591 200,234 - 185,762 - 20,063 238 - FIRE AUGMENTATION FUND 3,893,178 2,416,446 - 2,247,843 - 4,061,781 2,484,023 - 2,348,975 1,000,000 3,196,829 240 - JAG - EDWARD BYRNE GRANT - - - - - - - - - - -
243 - FIRE CAPITAL IMPROVEMENT FUND 2,217,769 379,748 - 245,512 - 2,352,005 313,798 - 381,333 1,500,000 784,470 244 - COMMUNITY CENTER FEE 217,377 54,634 - 28,042 - 243,969 31,907 - 15,000 - 260,876 245 - PD CAPITAL IMPROVEMENT FUND 629,785 621,155 - 364,785 - 886,155 449,925 - 321,192 - 1,014,888 246 - TRAFFIC SAFETY FUND 62,326 26,937 - 18,033 - 71,230 40,968 - 28,527 - 83,671 249 - CMAQSR2SSJVAPCDCARB 20,199 764 - - - 20,963 - - - - 20,963 250 - LB PARK IMPACT FUND 9,814,530 2,240,000 2,881,863 1,743,458 - 13,192,935 1,823,952 - 4,185,000 - 10,831,887 251 - MISSION VILLAGE NORTH 3,192 24 - - 3,183 33 - - - - 33 252 - PUBLIC FACILITIES FUND 38,077 1,986 - - - 40,063 1,625 - 38,077 - 3,611 253 - REGENCY PARK ESTATES 3,404 25 - - 3,392 37 - - - - 37 255 - VINEYARD PARK FUND 396 3 - - 394 5 - - - - 5
256 - MEADOWLANDS PARK 1,201,500 7,653 - - 1,182,093 27,060 - - - - 27,060 257 - MISSION ESTATES PARK 30,064 227 - - 29,951 340 - - - - 340 City of Los Banos
Summary of Fund Balance
2026-2027
359
Fund
2025-2026
Audited
Fund Balance
2025-2026
Estimated Revenue
2025-2026
Estimated Transfer
In
2025-2026
Estimated
Expenditures
2025-2026
Estimated
Transfer Out
2026-2027
Est. Beginning
Fund Balance
2026-2027
Proposed
Revenue
2026-2027
Proposed
Transfer In
2026-2027
Proposed
Expenditures
2026-2027
Proposed
Transfer Out
2026-2027
Est. Ending
Fund Balance
City of Los Banos
Summary of Fund Balance
2026-2027
258 - STONE CREEK PARK FUND 2,165 16 - - 2,160 21 - - - - 21 259 - ORCHARD TERRACE PARK 144 1 - - 143 2 - - - - 2
260 - SUNRISE RANCH PARK 240,626 9,300 - 38,000 - 211,926 - - - - 211,926 261 - SHAUNESSY VILLAGE 647,443 19,000 - 444,640 - 221,803 - - - - 221,803 262 - CDBG MICRO ENTERP PI 1,146 42 - - - 1,188 42 - - - 1,230 264 - ENCAMPMENT RESOLUTION FUND 306,421 3,615,785 - 3,193,333 - 728,873 7,893,000 - 7,693,000 - 928,873 265 - ALLIANCE HOUSING FUND - 165,025 - 165,025 - - 2,084,975 - 2,084,975 - - 271 - RANCHWOOD EST AD#1 204,997 749,808 - 623,227 - 331,578 824,811 - 839,909 - 316,480 272 - CRESTHILLS AD#2 214,999 200,952 - 114,902 - 301,049 228,924 - 403,831 - 126,142 273 - LOS BANOS GARDENS AD#3 153,416 255,712 - 293,989 - 115,139 279,921 - 268,789 - 126,271 274 - COLLEGE GREEN EST AD#4 179,927 214,263 - 275,630 - 118,560 233,648 - 266,313 - 85,895 275 - ORCHARD TERRACE AD#5 59,301 115,377 - 137,574 - 37,104 126,344 - 131,350 - 32,098 276 - ST. FRANCIS ESTATES AD#6 42,105 38,470 - 61,853 - 18,722 41,849 - 38,375 - 22,196 277 - VALLEY MEADOWS AD#7 33,727 30,197 - 40,672 - 23,252 33,017 - 35,836 - 20,433 279 - JO-LIN MANOR RANCH AD#9 38,135 241,062 - 199,183 - 80,014 264,763 - 303,432 - 41,345 280 - LB CREEK SHOP CENTER AD#10 70,859 66,567 - 101,036 - 36,390 72,063 - 69,186 - 39,267 281 - MEADOWLANDS AD#11 (122,920) 540,355 - 517,414 - (99,979) 654,506 - 595,723 - (41,196) 282 - MISSION ESTATES AD#12 117,251 184,011 - 205,804 - 95,458 192,769 - 194,841 - 93,386 283 - SOMERSET PARK AD#13 42,688 52,208 - 69,578 - 25,318 56,689 - 69,061 - 12,946 284 - NORTHGATE @ REGENCY AD#12 77,617 400,203 - 346,843 - 130,977 439,863 - 566,776 - 4,064 285 - MAGNOLIA GROVE AD#15 12,305 17,837 - 16,533 - 13,609 19,462 - 21,913 - 11,158 286 - SENIOR VILLAGES AD#16 15,415 20,928 - 26,435 - 9,908 22,782 - 22,455 - 10,235 287 - STONE CREEK VILLAGE AD#17 197,149 719,006 - 569,101 - 347,054 955,208 - 1,025,935 - 276,327 288 - RAIL TRAIL CORDOR 62,281 170,665 - 103,925 - 129,021 185,008 - 143,421 - 170,608 289 - TALBOTT PARK AD#19 68,687 124,057 - 113,161 - 79,583 135,609 - 133,587 - 81,605 290 - POLICE CFD 2002-01 FUND 1,801,635 1,121,235 - 710,922 - 2,211,948 1,194,525 - 1,106,171 - 2,300,302 291 - FIRE CFD 2002-01 FUND 659,513 1,068,028 - 1,104,756 - 622,786 1,141,318 - 1,469,515 - 294,589 293 - HOME PI HOUSING REHAB 939,054 151,750 - - - 1,090,804 36,750 - - - 1,127,554 294 - NSP PROGRAM INCOME 20,967 59,533 - 72,000 - 8,500 70,000 - 70,000 - 8,500 295 - REPAIR & DEMOLITION 17,837 677 - - - 18,514 - - - - 18,514 296 - PLHA GRANT 2,777 201,000 - 180,000 - 23,777 218,000 - 200,000 - 41,777 297 - THE VILLAS PARK FUND 1,687,847 210,220 - - 1,660,547 237,520 94,000 - - - 331,520 303 - TRAFFIC MITIGATION 172,788 6,582 - - - 179,370 - - - - 179,370 304 - CITY HALL FUND 1,613,915 151,719 - - - 1,765,634 79,430 - 1,613,915 - 231,149 306 - CORPORATION YARD 379,301 50,600 - 225,121 - 204,780 15,000 - 218,000 - 1,780 322 - EMERGENCY OPERATIONS CENTER 5,438,581 198,385 - 77,850 - 5,559,116 158,268 2,500,000 10,000,000 - (1,782,616) 323 - POLICE STATION - - - - - - - - - - -
501 - WATER FUND 54,384,015 10,239,307 - 8,085,058 - 56,538,264 8,886,390 - 14,454,825 - 50,969,829 502 - WASTE WATER FUND 50,920,871 10,420,691 - 14,940,904 - 46,400,658 8,163,849 - 12,393,603 - 42,170,904 505 - AIRPORT FUND 1,511,318 298,414 - 297,811 - 1,511,921 402,315 - 667,089 - 1,247,147 360
Fund
2025-2026
Audited
Fund Balance
2025-2026
Estimated Revenue
2025-2026
Estimated Transfer
In
2025-2026
Estimated
Expenditures
2025-2026
Estimated
Transfer Out
2026-2027
Est. Beginning
Fund Balance
2026-2027
Proposed
Revenue
2026-2027
Proposed
Transfer In
2026-2027
Proposed
Expenditures
2026-2027
Proposed
Transfer Out
2026-2027
Est. Ending
Fund Balance
City of Los Banos
Summary of Fund Balance
2026-2027
510 - SOLID WASTE FUND 5,368,699 7,944,215 - 8,201,142 - 5,111,772 24,204,792 60,000 24,605,597 - 4,770,967 511 - WATER FUND RESTRICTED 15,246,850 357,442 - - - 15,604,292 1,654,794 - 3,713,123 - 13,545,963 512 - WASTEWATER FUND RESTRICTED 13,757,134 320,000 - - - 14,077,134 1,683,295 - 3,015,219 - 12,745,210 601 - FLEET MAINTENANCE (304,298) 1,193,201 - 1,192,701 - (303,798) 1,535,192 - 1,535,192 - (303,798) 605 - FACILITIES MAINTENANCE 120,122 1,054,934 - 1,054,934 - 120,122 1,347,557 - 1,347,557 - 120,122 610 - INFORMATION TECHNOLOGY FUND (32,422) 549,456 - 474,619 - 42,415 1,221,176 - 1,208,176 - 55,415 656 - RETIREE MEDICAL 267,766 1,936,138 - 1,921,738 - 282,166 2,048,839 - 2,035,839 - 295,166 247,882,194 97,517,871 2,881,863 92,517,601 2,881,863 252,882,464 119,644,181 3,110,124 162,790,124 3,110,124 209,736,521 *Transfer includes fund balance assignments to reflect requested activity. 361

THIS PAGE IS INTENTIONALLY LEFT BLANK
362
EMPLOYEE CLASSIFICATION AUTHORIZED RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 City Manager (1) 18,360-22,950 * * * * * *
City Attorney (1) 18,667-23,334 * * * * * *
19,227 - 24,034
Assistant City Manager (0)1 * 14,998 15,748 16,535 17,362 18,230 19,142 15,448 16,220 17,031 17,883 18,777 19,716
Assistant City Attorney (New) (1) * 17,763 18,651 19,583 20,563 21,591 22,670 Human Resources Director (1) 12,336-15,751 * * * * * *
12,706 - 16,224
Public Information Officer (1) * 7,955 8,353 8,771 9,210 9,671 10,155 8,194 8,604 9,034 9,486 9,961 10,460
Human Resources Analyst (1) * 6,726 7,062 7,415 7,786 8,175 8,584 6,928 7,274 7,637 8,020 8,420 8,842
Assistant City Clerk/Records Coordinator (1) * 5,696 5,981 6,280 6,594 6,924 7,270 5,867 6,160 6,468 6,792 7,132 7,488
Legal Assistant (1) * 5,641 5,923 6,219 6,530 6,857 7,200 5,810 6,101 6,406 6,726 7,063 7,416
HR Technician I (2) * 4,510 4,736 4,973 5,222 5,483 5,757 4,645 4,878 5,122 5,379 5,647 5,930
Admin Clerk (0)
Admin Clerk II * * 3,975 4,174 4,383 4,602 4,832 5,074
4,094 4,299 4,514 4,740 4,977 5,226
Admin Clerk I * * 3,335 3,502 3,677 3,861 4,054 4,257
3,435 3,607 3,787 3,976 4,175 4,384 1 When "0" appears under "Authorized", the position is approved but not funded. * Comment: City Attorney shall receive an annual Cost of Living Adjustment of 3% to Employee's base salary, effective on the first available pay period corresponding with Employee's anniversary date of hire each year.

EMPLOYEE CLASSIFICATION AUTHORIZED RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 Finance Director (1) 13,690-17,479
14,101 - 18,003
Finance Manager (1) * 9,276 9,740 10,227 10,738 11,275 11,839 9,554 10,032 10,534 11,060 11,613 12,194
Purchasing Manager (New) (1) * 9,554 10,032 10,534 11,060 11,613 12,194 Accountant (2)
Accountant II * * 6,661 6,994 7,344 7,711 8,097 8,502
6,860 7,203 7,563 7,941 8,338 8,755
Accountant I * * 5,427 5,698 5,983 6,282 6,596 6,926
5,590 5,870 6,164 6,472 6,796 7,136
Exhibit B
TOTAL POSITIONS AUTHORIZED (14)

SECTION B - FINANCE

APPENDIX A

SALARY SCHEDULE
(Approved _______, 2026 / Effective July 1, 2026)

SECTION A - ADMINISTRATION
TOTAL POSITIONS AUTHORIZED (10)1

REGULAR (FULL TIME) EMPLOYEE CLASSIFICATIONS-MONTHLY SALARY 363
EMPLOYEE CLASSIFICATION AUTHORIZED RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 Information Technology (2)
Information Technology Technician I * * 5,615 5,896 6,191 6,501 6,826 7,167 5,783 6,072 6,376 6,695 7,030 7,382
Information Technology Technician II (New) * * 6,361 6,679 7,013 7,364 7,732 8,119 Payroll Technician (New) (1) * 4,692 4,927 5,173 5,432 5,704 5,989 Accounting Technician/Clerk (6)
Accounting Technician * * 4,555 4,783 5,022 5,273 5,537 5,814 4,692 4,927 5,173 5,432 5,704 5,989
Accounting Clerk II * * 3,975 4,174 4,383 4,602 4,832 5,074 4,094 4,299 4,514 4,740 4,977 5,226
Accounting Clerk I * * 3,335 3,502 3,677 3,861 4,054 4,257 3,435 3,607 3,787 3,976 4,175 4,384
* Comment: Promotions to skill levels within the Accountant, Accounting Technician, and IT Technician job classifications are made EMPLOYEE CLASSIFICATION AUTHORIZED RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 Community & Economic Development Director (1) 13,623-16,918 * * * * * * 14,032 - 17,426
Building Official (New) (1) * 10,447 10,969 11,518 12,093 12,698 13,333 Housing Program Manager (1) * 9,276 9,740 10,227 10,738 11,275 11,839 9,554 10,032 10,534 11,060 11,613 12,194
Homeless Outreach Coordinator (2) * 5,641 5,923 6,219 6,530 6,857 7,200 5,810 6,101 6,406 6,726 7,062 7,415
Building Technician (New) (1) * 4,692 4,927 5,173 5,432 5,704 5,989 Planner (1)
Senior Planner * * 7,807 8,197 8,607 9,037 9,489 9,963
8,041 8,443 8,865 9,308 9,774 10,262
Associate Planner * * 6,661 6,994 7,344 7,711 8,097 8,502 6,860 7,203 7,563 7,941 8,338 8,755
Assistant Planner * * 5,427 5,698 5,983 6,282 6,596 6,926 5,590 5,870 6,164 6,472 6,796 7,136
Administrative Coordinator (1) * 5,641 5,923 6,219 6,530 6,857 7,200 5,810 6,101 6,406 6,726 7,062 7,415
Planning Technician (1) * 4,869 5,112 5,368 5,636 5,918 6,214 5,015 5,266 5,529 5,805 6,095 6,400
Admin Clerk (1)
Admin Clerk II * * 3,975 4,174 4,383 4,602 4,832 5,074
4,094 4,299 4,514 4,740 4,977 5,226
Admin Clerk I * * 3,335 3,502 3,677 3,861 4,054 4,257
3,435 3,607 3,787 3,976 4,175 4,384
* Comment: Promotions to skill levels within the Planner job classifications are made by the Community & Economic EMPLOYEE CLASSIFICATION AUTHORIZED RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 Director (1)
Public Works Director/City Engineer * 15,711-20,062 * * * * * * 16,182 - 20,664
Public Works Director * 14,925-19,059 * * * * * *
15,373 - 19,631
by the Finance Director with concurrence of the City Manager.

SECTION C - COMMUNITY & ECONOMIC DEVELOPMENT
TOTAL POSITIONS AUTHORIZED (10)
Development Director with concurrence of the City Manager.

SECTION D - PUBLIC WORKS
TOTAL POSITIONS AUTHORIZED (69)
REGULAR (FULL TIME) EMPLOYEE CLASSIFICATIONS-MONTHLY SALARY (continued) SECTION B - FINANCE (continued)
364
EMPLOYEE CLASSIFICATION AUTHORIZED RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 Engineer (1)
City Engineer * * 14,179 14,888 15,632 16,414 17,235 18,097 14,604 15,335 16,101 16,906 17,752 18,640
Assistant City Engineer * * 12,956 13,604 14,284 14,998 15,748 16,535 13,345 14,012 14,713 15,448 16,220 17,031
Assistant Public Works Director (1) * 10,971 11,520 12,096 12,701 13,336 14,003 11,300 11,866 12,459 13,082 13,736 14,423
Public Works Operations Manager (3) * 7,821 8,212 8,623 9,054 9,507 9,982 8,056 8,458 8,882 9,326 9,792 10,281
Facilities Manager (1) * 7,821 8,212 8,623 9,054 9,507 9,982 8,056 8,458 8,882 9,326 9,792 10,281
Project Manager (New) (2) * 6,860 7,203 7,563 7,941 8,338 8,755 Public Works Supervisor (1) * 6,151 6,459 6,782 7,121 7,477 7,851 6,336 6,653 6,985 7,335 7,701 8,087
Water Quality Specialist (1) * 5,951 6,249 6,561 6,889 7,233 7,595 6,130 6,436 6,758 7,096 7,450 7,823
Fleet Maintenance Coordinator (1) * 5,809 6,099 6,404 6,724 7,060 7,413 5,983 6,282 6,596 6,926 7,272 7,635
Foreman (3) * 5,696 5,981 6,280 6,594 6,924 7,270
5,867 6,160 6,468 6,792 7,132 7,488
Administrative (3)
Administrative Coordinator * * 5,641 5,923 6,219 6,530 6,857 7,200 5,810 6,101 6,406 6,726 7,062 7,415
Administrative Assistant * * 4,610 4,841 5,083 5,337 5,604 5,884 4,748 4,985 5,234 5,496 5,771 6,060
Engineering Technician (2) * 4,555 4,783 5,022 5,273 5,537 5,814 4,692 4,927 5,173 5,432 5,704 5,989
Admin Clerk (2)
Admin Clerk II * * 3,975 4,174 4,383 4,602 4,832 5,074
4,094 4,299 4,514 4,740 4,977 5,226
Admin Clerk I * * 3,335 3,502 3,677 3,861 4,054 4,257
3,435 3,607 3,787 3,976 4,175 4,384
Inspector I (2) * 5,589 5,868 6,161 6,469 6,792 7,132
5,757 6,045 6,347 6,664 6,997 7,347
Maintenance Mechanic (2)
Maintenance Mechanic II * * 4,391 4,611 4,842 5,084 5,338 5,605 4,523 4,749 4,986 5,235 5,497 5,772
Maintenance Mechanic I * * 3,939 4,136 4,343 4,560 4,788 5,027 4,057 4,260 4,473 4,697 4,932 5,179
Custodian (3) * 3,335 3,502 3,677 3,861 4,054 4,257
3,435 3,607 3,787 3,976 4,175 4,384
Environmental Control (4)
Environmental Control Specialist III * * 5,365 5,633 5,915 6,211 6,522 6,848 5,526 5,802 6,092 6,397 6,717 7,053
Environmental Control Specialist II * * 4,705 4,940 5,187 5,446 5,718 6,004 4,846 5,088 5,342 5,609 5,889 6,183
Environmental Control Specialist I * * 4,481 4,705 4,940 5,187 5,446 5,718 4,615 4,846 5,088 5,342 5,609 5,889
Environmental Control Specialist Trainee * * 4,086 4,290 4,505 4,730 4,967 5,215 4,209 4,419 4,640 4,872 5,116 5,372
REGULAR (FULL TIME) EMPLOYEE CLASSIFICATIONS-MONTHLY SALARY (continued) SECTION D - PUBLIC WORKS (continued)
365
EMPLOYEE CLASSIFICATION AUTHORIZED RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 Utilities (14) (18)
Utilities Maintenance III * * 4,832 5,074 5,328 5,594 5,874 6,168 4,977 5,226 5,487 5,761 6,049 6,351
Utilities Maintenance II * * 4,391 4,611 4,842 5,084 5,338 5,605 4,523 4,749 4,986 5,235 5,497 5,772
Utilities Maintenance I * * 3,939 4,136 4,343 4,560 4,788 5,027 4,057 4,260 4,473 4,697 4,932 5,179
Maintenance (18)
Maintenance Worker III * * 4,818 5,059 5,312 5,578 5,857 6,150 4,963 5,211 5,472 5,746 6,033 6,335
Maintenance Worker II * * 4,364 4,582 4,811 5,052 5,305 5,570 4,495 4,720 4,956 5,204 5,464 5,737
Maintenance Worker I * * 3,939 4,136 4,343 4,560 4,788 5,027 4,057 4,260 4,473 4,697 4,932 5,179
Maintenance Worker III, Administrative Coordinator, Administrative Assistant job classifications are made by the EMPLOYEE CLASSIFICATION AUTHORIZED RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 Director/Manager (1)
Parks & Recreation Director * 10,706-13,669 * * * * * * 11,027 - 14,079
Parks & Recreation Operations Manager * * 7,821 8,212 8,623 9,054 9,507 9,982 8,056 8,458 8,882 9,326 9,792 10,281
Recreation Supervisor (1) * 6,151 6,459 6,782 7,121 7,477 7,851 6,336 6,653 6'986 7,335 7,701 8,087
Foreman (1) * 5,696 5,981 6,280 6,594 6,924 7,270
5,867 6,160 6,468 6,792 7,132 7,488
Administrative Coordinator (1) * 5,641 5,923 6,219 6,530 6,857 7,200 5,810 6,101 6,406 6,726 7,062 7,415
Inspector I (New) (1) * 5,757 6,045 6,347 6,664 6,997 7,347 Recreation Coordinator (3)
Recreation Coordinator II * * 3,975 4,174 4,383 4,602 4,832 5,074 4,094 4,299 4,514 4,740 4,977 5,226
Recreation Coordinator I * * 3,335 3,502 3,677 3,861 4,054 4,257 3,435 3,607 3,787 3,976 4,175 4,384
Maintenance (8) (9)
Maintenance Worker III * * 4,818 5,059 5,312 5,578 5,857 6,150 4,963 5,211 5,472 5,746 6,033 6,335
Maintenance Worker II * * 4,364 4,582 4,811 5,052 5,305 5,570 4,495 4,720 4,956 5,204 5,464 5,737
Maintenance Worker I * * 3,939 4,136 4,343 4,560 4,788 5,027 4,057 4,260 4,473 4,697 4,932 5,179
REGULAR (FULL TIME) EMPLOYEE CLASSIFICATIONS-MONTHLY SALARY (continued) SECTION D - PUBLIC WORKS (continued)
level positions; and 2) Maintenance -- Employees assigned to any one of these three broad employment classifications may be reassigned to an equivalent pay grade of one of the other two classifications.

SECTION E - PARKS & RECREATION
TOTAL POSITIONS AUTHORIZED (17)
* Comment: Promotions to skill levels within the Maintenance III job classifications are made by the Parks & Recreation Director with concurrence of the City Manager.
* Additionally, the Parks & Recreation Director with concurrence of the City Manager, may temporarily or permanently reassign certain employees in accordance with the following guidelines: 1) Supervisor level positions -- Employees serving Employees serving in capacity of Supervisor may be reassigned to an equivalent pay grade within any of the Supervisor * Comment: Promotions to skill levels within the Environmental Control Specialist III, Utilities Maintenance III, Public Works Director with concurrence of the City Manager. * Additionally, the Public Works Director with concurrence of the City Manager, may temporarily or permanently reassign certain employees in accordance with the following guidelines: 1) Supervisor level positions -- 366
EMPLOYEE CLASSIFICATION AUTHORIZED RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 Fire Chief (1) 13,657-17,431 * * * * * *
14,067 - 17,954
Assistant Fire Chief (0)2 * 11,248 11,810 12,401 13,021 13,672 14,356 11,585 12,164 12,773 13,412 14,082 14,787
Batallion Chief (3) * 9,433 9,905 10,400 10,920 11,466 12,039 9,716 10,202 10,712 11,248 11,810 12,400
Fire Captain (7) (8) * 7,391 7,761 8,149 8,556 8,984 9,433 7,613 7,994 8,394 8,814 9,255 9,718
Fire Engineer (6) (7) * 7,041 7,252 7,470 7,694 7,925 8,321 7,252 7,470 7,694 7,925 8,163 8,571
Fire Fighter (6) (8) * 5,791 6,081 6,385 6,704 7,039 7,391 5,965 6,263 6,576 6,905 7,250 7,613
Administrative Coordinator (1) * 5,641 5,923 6,219 6,530 6,857 7,200 5,810 6,101 6,406 6,726 7,062 7,415
Admin Clerk (1)
Admin Clerk II * * 3,975 4,174 4,383 4,602 4,832 5,074
4,094 4,299 4,514 4,740 4,977 5,226
Admin Clerk I * * 3,335 3,502 3,677 3,861 4,054 4,257
2 Three (3) Battalion Chiefs are authorized but one (1) is unfunded. 2 When "0" appears under "Authorized", the position is approved but not funded.

EMPLOYEE CLASSIFICATION AUTHORIZED RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 Police Chief (1) 14,913-19,036 * * * * * *
15,360 - 19,607
Police Commander (2) * 11,790 12,380 12,999 13,649 14,331 15,048 12,144 12,751 13,389 14,058 14,761 15,499
Police Sergeant (9) (10) * 9,721 10,207 10,717 11,253 11,816 12,111 * 10,013 10,513 11,039 11,591 12,170 12,474
Police Services Manager (1) * 8,508 8,933 9,380 9,849 10,341 10,858 * 8,763 9,201 9,661 10,144 10,651 11,184
Public Safety Dispatch Supervisor (1) * 6,647 6,979 7,328 7,694 8,079 8,483 6,846 7,188 7,548 7,925 8,321 8,737
Records Supervisor (1) * 5,696 5,981 6,280 6,594 6,924 7,270 5,867 6,160 6,468 6,792 7,132 7,488
Code Enforcement Officer (6) (7) * 5,147 5,404 5,674 5,958 6,256 6,569 5,301 5,566 5,844 6,137 6,444 6,766
Public Safety Dispatcher (11) * 4,922 5,168 5,426 5,697 5,982 6,281 5,070 5,323 5,589 5,868 6,161 6,469
Crime Analyst (1) * 4,811 5,052 5,305 5,570 5,849 6,141 4,955 5,204 5,464 5,737 6,024 6,325
Property Evidence Technician (1) * 4,188 4,397 4,617 4,848 5,090 5,345 4,314 4,529 4,756 4,993 5,243 5,505
Community Services Officer (8) (9) * 3,614 3,795 3,985 4,184 4,393 4,613 3,722 3,908 4,103 4,308 4,523 4,749
Animal Shelter Attendant (2) * 3,650 3,833 4,025 4,226 4,437 4,659 3,760 3,948 4,146 4,353 4,570 4,799
Police Officer (39)2 * 7,118 7,474 7,848 8,240 8,652 9,085 7,332 7,698 8,083 8,487 8,911 9,357
TOTAL POSITIONS AUTHORIZED (29)2

SECTION G - POLICE
TOTAL POSITIONS AUTHORIZED (91)

SECTION F - FIRE & BUILDING
in capacity of Supervisor may be reassigned to an equivalent pay grade within any of the Supervisor level positions; and 2) Maintenance -- Employees assigned to any one of these three broad employment classifications may be reassigned to an equivalent pay grade of one of the other two classifications. 367
EMPLOYEE CLASSIFICATION AUTHORIZED RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 Police Trainee * * 3,903 4,098 4,303 4,518 4,744 4,981
4,020 4,221 4,432 4,654 4,886 5,130
Maintenance (1)
Maintenance Worker III * * 4,818 5,059 5,312 5,578 5,857 6,150 * 4,963 5,211 5,472 5,746 6,033 6,335
Maintenance Worker II * * 4,364 4,582 4,811 5,052 5,305 5,570 * 4,495 4,720 4,956 5,204 5,464 5,737
Maintenance Worker I * * 3,939 4,136 4,343 4,560 4,788 5,027 4,057 4,260 4,473 4,697 4,932 5,179
Admin Clerk (4)
Admin Clerk II * * 3,975 4,174 4,383 4,602 4,832 5,074
4,094 4,299 4,514 4,740 4,977 5,226
Admin Clerk I * * 3,335 3,502 3,677 3,861 4,054 4,257
3,435 3,607 3,787 3,976 4,175 4,384
EMPLOYEE CLASSIFICATION STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 Public Works Department -- Hourly Salary
Maintenance Worker 22.72 23.86 25.05 26.31 27.62 29.00

23.40 24.58 25.80 27.10 28.45 29.88
Admin Clerk 19.24 20.20 21.21 22.27 23.39 24.56

19.82 20.81 21.85 22.94 24.09 25.29
Parks & Recreation Department -- Hourly Salary
Maintenance Worker 22.72 23.86 25.05 26.31 27.62 29.00

23.40 24.58 25.80 27.10 28.45 29.87
Recreation Assistant 19.24 20.20 21.21 22.27 23.39 24.56

19.82 20.81 21.85 22.94 24.09 25.29
Public Safety Department -- Hourly Salary
Police Officer 41.06 43.12 45.28 47.54 49.91 52.41

42.30 44.41 46.63 48.96 51.41 53.98
Fire Fighter 33.41 35.08 36.84 38.68 40.61 42.64

34.41 36.13 37.94 39.84 41.83 43.92
Code Enforcement Officer 29.69 30.88 32.42 34.04 35.74 37.53

30.58 32.11 33.71 35.40 37.18 39.03
Dispatcher 28.40 29.81 31.30 32.87 34.51 36.24

29.25 30.71 32.24 33.85 35.54 37.32
Maintenance Worker 22.72 23.86 25.05 26.31 27.62 29.00

23.40 24.58 25.80 27.10 28.45 29.88
Community Services Officer 20.85 21.89 22.99 24.14 25.34 26.61

21.47 22.55 23.67 24.85 26.09 27.40
Admin Clerk 19.24 20.20 21.21 22.27 23.39 24.56

19.82 20.81 21.85 22.94 24.09 25.29
Custodian 19.24 20.20 21.21 22.27 23.39 24.56

19.82 20.81 21.85 22.94 24.09 25.29
City Hall Division -- Hourly Salary
Admin Clerk/Accounting Clerk 19.24 20.20 21.21 22.27 23.39 24.56

19.82 20.81 21.85 22.94 24.09 25.29
Custodian 19.24 20.20 21.21 22.27 23.39 24.56

19.82 20.81 21.85 22.94 24.09 25.29
Elected Officials -- Monthly Salary
Mayor 400.00 monthly
Council Members 300.00 monthly
City Clerk 100.00 monthly
City Treasurer 100.00 monthly
REGULAR (FULL TIME) EMPLOYEE CLASSIFICATIONS-MONTHLY SALARY (continued) SECTION G - POLICE (continued)

PART TIME & ELECTED EMPLOYEE CLASSIFICATIONS
2 The Police Trainee position may be filled in lieu of Police Officer positions. The total number of Police Officers and Police Trainees shall not exceed the total number authorized for Police Officer. 368
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Agenda Staff Report
TO: Mayor Amabile and Council Members
FROM: Nirorn Than, City Manager
DATE: June 17, 2026
TYPE OF REPORT: Agenda Item
SUBJECT: Introduction and Waiver of 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 to Increase Electeds’ Compensation ______________________________________________________________________ Recommendation:

Staff recommend the City Council introduce and waive the first reading of an Ordinance amending Section 2-1.302 and 2-1.303 of Title 2, Chapter 1, Article 3 of the Los Banos Municipal Code to revise the population data as estimated by the Department of Finance and increase the salary of each member of the Council by the following options:

1. Maximum allowed under Government Code Section 36516. Salaries approved by ordinance shall be $1,275.00 per month in cities over 35,000 up to including 50,000 in population.

2. Other alternative salaries schedule per City Council direction Staff recommend the City Council introduce and waive the first reading of an Ordinance amending Section 2-1.303 of Title 2, Chapter 1, Article 3 of the Los Banos Municipal Code to increase the salary of the Mayor by the following options:

1. 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.

2. A monthly salary of two hundred and No/100ths ($200.00) dollars, in addition to that which he or she receives as a Councilmember as permitted by Section 36516.1 of the Government Code.

3. Other alternative salaries schedule per City Council direction. 729
ITEM 9E
Background:

City 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 elected’s compensation. A public hearing for an ordinance amendment was then noticed for the April 15, 2026 Council Meeting. However, the ordinance amendment hearing was then pulled from the April 15, 2026 agenda pursuant to council direction. Council then directed staff to re-notice the agenda item for a future meeting where all council members would be present.

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 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 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 which is the basis for this ordinance revision.

Government Code section 36516 authorizes 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. Any increases in salary above this defined limit are also limited and cannot exceed 5% for each calendar year from the operative date of the last adjustment of the salary that is in effect when the increase is enacted or an amount equal to inflation since January 1, 2024, based on the California Consumer Price Index (not to exceed 10% per calendar year). Noting however that no ordinance can be enacted or amended to provide for automatic future increases. 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. The original compensation amount was codified in 1966. That original amount was $150.00 per council member, including the Mayor. Approximately 23 years later in 1989, the amount was increased to $300 for council members and $400.00 for the Mayor. There were 730
subsequent ordinance adoptions cleaning up the language in the relevant municipal code sections in 1989, 2003 and 2015. However, the salary amounts remained at $300 for council members and $400 for the mayor. So, the last increase to the council/Mayor base salary was approximately 37 years ago.

Attached to this staff report is a report of earnings and benefits for each council member by calendar year 2025 and year to date 2026. Also attached is a report of cell phone and travel related reimbursement for each council member from January 1, 2025 through May 18, 2026 (the date of the preparation of this staff report). Government Code section 36516 (d) states “[a]ny amounts paid by a city for retirement, health and welfare, and federal social security benefits shall not be included for purposes of determining salary under this section, provided that the said benefits are available and paid by the city for its employees.” In addition, Government Code section 36516(e) provides that “[a]ny amounts paid by a city to reimburse a council member for actual and necessary expenses pursuant to Section 36515.5 shall not be included for purposes of determining salary pursuant to this section.” Since Los Banos is a general law city, pursuant to Government Code section 36516.5, 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. The Attorney General has ruled that the prohibition against “mid-term” salary increases, applicable to council members pursuant to section 36516.5, does not apply to elected mayors. The additional compensation for performing mayoral duties is not received as “a councilperson.” 89 Ops.Cal.Atty.Gen. 159 (2006) If the Municipal Code amendment is adopted, it would take effect 30 days after adoption for the Mayor, and would take effect for council members following the next regular election/seating of 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 would be an annual cost of one thousand two hundred seventy-five dollars ($1,275) per month per council member and mayor.

Reviewed by:

_______________________________ _______________________________ Nirorn Than, City Manager Minerva Moreno, Finance Director Attachments:

1. Report of earnings and benefits.

2. Report of cell phone and travel related reimbursement. 731

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732
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.

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.

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.

WHEREAS, according to Department of Finance estimates, as of January 1, 2025, the Los Banos population is 48,896.

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.

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.

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. 733
WHEREAS, the City has not updated or revised code section 2-1.303 since 1989 (approximately 37 years ago).

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.
734
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 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 17th day of June, 2026.

Passed on the __ th day of July, 2026 by the following vote:

AYES:

NOES:

ABSENT:

ATTEST:

APPROVED:
__________________________
Michael S. Amabile, Mayor
ATTEST:
__________________________
Lucille L. Mallonee, City Clerk
735

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736
1/1/2025 through 12/31/2025
Wages
City Council Cell Phone Allowance 825.00
City Council Regular Pay - City Council 4,800.00
Total Earnings: 5,625.00
Benefits Employer Paid
Cafe ADD/Life COuncil 60.00
2025Cafe Dental City Council 1,101.72
2025 Cafe Vision City Council 240.00
Total Benefits: 1,401.72
Taxes Employer Paid
Medicare 81.59
FICA 348.75
Federal Income Tax Withholding 0.00
State Income Tax Withholding 0.00
Total Taxes: 430.34
Total Statement: 7,457.06
Prepared for: Michael Amabile
737
1/1/2025 through 12/31/2025
Wages
City Council Cell Phone Allowance 825.00
City Council Regular Pay - City Council 3,300.00
Total Earnings: 4,125.00
Benefits Employer Paid
Health Council 26,163.83
Cafe ADD/Life COuncil 55.00
Health Savings Council 825.00
PERS Misc PEPRA - Employee 0.00
PERS Misc PEPRA - Employer 271.29
2025Cafe Dental City Council 1,100.00
2025 Cafe Vision City Council 220.00
Total Benefits: 28,635.12
Taxes Employer Paid
Medicare 59.84
FICA 255.75
Federal Income Tax Withholding 0.00
State Income Tax Withholding 0.00
Total Taxes: 315.59
Total Statement: 33,075.71
Prepared for: Marcus Chavez
738
1/1/2025 through 12/31/2025
Wages
City Council Cell Phone Allowance 150.00
City Council Regular Pay - City Council 600.00
Total Earnings: 750.00
Benefits Employer Paid
Health Council 2,042.82
Cafe ADD/Life COuncil 10.00
2025Cafe Dental City Council 91.82
2025 Cafe Vision City Council 21.70
Total Benefits: 2,166.34
Taxes Employer Paid
Medicare 10.88
FICA 46.50
Federal Income Tax Withholding 0.00
State Income Tax Withholding 0.00
Total Taxes: 57.38
Total Statement: 2,973.72
Prepared for: Mitzy Espericueta Perez
739
1/1/2025 through 12/31/2025
Wages
City Council Cell Phone Allowance 150.00
City Council Regular Pay - City Council 600.00
Total Earnings: 750.00
Benefits Employer Paid
Cafe ADD/Life COuncil 10.00
Health Savings Council 150.00
2025Cafe Dental City Council 183.62
2025 Cafe Vision City Council 40.00
Total Benefits: 383.62
Taxes Employer Paid
Medicare 10.88
FICA 46.50
Federal Income Tax Withholding 0.00
State Income Tax Withholding 0.00
Total Taxes: 57.38
Total Statement: 1,191.00
Prepared for: Kenneth W Lambert
740
1/1/2025 through 12/31/2025
Wages
Treasurer Pay Treasury Pay 1,200.00
Total Earnings: 1,200.00
Benefits Employer Paid
UnRep/Loc 1 Tier 2 Health After 4/1/10 1,013.70
Health Council 20,126.04
Cafe ADD/Life COuncil 60.00
Health Savings Council 900.00
2025Cafe Dental City Council 780.42
2025 Cafe Vision City Council 240.00
Total Benefits: 23,120.16
Taxes Employer Paid
Medicare 17.40
FICA 74.40
Federal Income Tax Withholding 0.00
State Income Tax Withholding 0.00
Total Taxes: 91.80
Total Statement: 24,411.96
Prepared for: Lucy Lawrence
741
1/1/2025 through 12/31/2025
Wages
City Council Cell Phone Allowance 900.00
City Council Regular Pay - City Council 3,600.00
Total Earnings: 4,500.00
Benefits Employer Paid
Cafe ADD/Life COuncil 60.00
Health Savings Council 900.00
2025Cafe Dental City Council 550.92
2025 Cafeteria Plan Vision 5.43
2025 Cafe Vision City Council 119.35
Total Benefits: 1,635.70
Taxes Employer Paid
Medicare 65.28
FICA 279.00
Federal Income Tax Withholding 0.00
State Income Tax Withholding 0.00
Total Taxes: 344.28
Total Statement: 6,479.98
Prepared for: Deborah Lewis
742
1/1/2025 through 12/31/2025
Wages
City Council Cell Phone Allowance 825.00
City Council Regular Pay - City Council 3,300.00
City Council Health Benefit Pay 4,000.00
Total Earnings: 8,125.00
Benefits Employer Paid
Health Council 1,829.64
Cafe ADD/Life COuncil 55.00
Health Savings Council 825.00
PERS Misc PEPRA - Employee 0.00
PERS Misc PEPRA - Employer 271.29
2025Cafe Dental City Council 559.10
2025 Cafe Vision City Council 170.00
Total Benefits: 3,710.03
Taxes Employer Paid
Medicare 117.84
FICA 503.75
Federal Income Tax Withholding 0.00
State Income Tax Withholding 0.00
Total Taxes: 621.59
Total Statement: 12,456.62
Prepared for: Evan Sanders
743
1/1/2026 through 5/18/2026
Wages
City Council Regular Pay - City Council 2,000.00
Total Earnings: 2,000.00
Benefits Employer Paid
Cafe ADD/Life COuncil 25.00
2025Cafe Dental City Council 500.00
2025 Cafe Vision City Council 100.00
Total Benefits: 625.00
Taxes Employer Paid
Medicare 29.00
FICA 124.00
Federal Income Tax Withholding 0.00
State Income Tax Withholding 0.00
Total Taxes: 153.00
Total Statement: 2,778.00
Prepared for: Michael Amabile
744
1/1/2026 through 5/18/2026
Wages
City Council Regular Pay - City Council 1,500.00
Total Earnings: 1,500.00
Benefits Employer Paid
Health Council 14,300.00
Cafe ADD/Life COuncil 25.00
Health Savings Council 375.00
PERS Misc PEPRA - Employee 0.00
PERS Misc PEPRA - Employer 124.05
2025Cafe Dental City Council 500.00
2025 Cafe Vision City Council 100.00
Total Benefits: 15,424.05
Taxes Employer Paid
Medicare 21.75
FICA 93.00
Federal Income Tax Withholding 0.00
State Income Tax Withholding 0.00
Total Taxes: 114.75
Total Statement: 17,038.80
Prepared for: Marcus Chavez
745
1/1/2026 through 5/18/2026
Wages
City Council Regular Pay - City Council 1,500.00
Total Earnings: 1,500.00
Benefits Employer Paid
Health Council 5,770.00
Cafe ADD/Life COuncil 25.00
2025Cafe Dental City Council 250.20
2025 Cafe Vision City Council 59.15
Total Benefits: 6,104.35
Taxes Employer Paid
Medicare 21.75
FICA 93.00
Federal Income Tax Withholding 0.00
State Income Tax Withholding 0.00
Total Taxes: 114.75
Total Statement: 7,719.10
Prepared for: Mitzy Espericueta Perez
746
1/1/2026 through 5/18/2026
Wages
Treasurer Pay Treasury Pay 500.00
Total Earnings: 500.00
Benefits Employer Paid
Health Council 11,205.80
Cafe ADD/Life COuncil 25.00
Health Savings Council 375.00
2025Cafe Dental City Council 500.00
2025 Cafe Vision City Council 100.00
Total Benefits: 12,205.80
Taxes Employer Paid
Medicare 7.25
FICA 31.00
Federal Income Tax Withholding 0.00
State Income Tax Withholding 0.00
Total Taxes: 38.25
Total Statement: 12,744.05
Prepared for: Lucy Lawrence
747
1/1/2026 through 5/18/2026
Wages
City Council Regular Pay - City Council 1,500.00
Total Earnings: 1,500.00
Benefits Employer Paid
Cafe ADD/Life COuncil 25.00
Health Savings Council 375.00
2025Cafe Dental City Council 250.20
2025 Cafe Vision City Council 59.15
Total Benefits: 709.35
Taxes Employer Paid
Medicare 21.75
FICA 93.00
Federal Income Tax Withholding 0.00
State Income Tax Withholding 0.00
Total Taxes: 114.75
Total Statement: 2,324.10
Prepared for: Deborah Lewis
748
1/1/2026 through 5/18/2026
Wages
City Council Regular Pay - City Council 600.00
Total Earnings: 600.00
Benefits Employer Paid
Health Council 4,482.32
Cafe ADD/Life COuncil 10.00
Health Savings Council 150.00
PERS Misc PEPRA - Employee 0.00
PERS Misc PEPRA - Employer 49.62
2025Cafe Dental City Council 200.00
2025 Cafe Vision City Council 40.00
Total Benefits: 4,931.94
Taxes Employer Paid
Medicare 8.70
FICA 37.20
Federal Income Tax Withholding 0.00
State Income Tax Withholding 0.00
Total Taxes: 45.90
Total Statement: 5,577.84
Prepared for: Refugio M LLamas
749
1/1/2026 through 5/18/2026
Wages
City Council Regular Pay - City Council 300.00
Total Earnings: 300.00
Benefits Employer Paid
Health Council 2,241.16
Cafe ADD/Life COuncil 5.00
Health Savings Council 75.00
PERS Misc PEPRA - Employee 0.00
PERS Misc PEPRA - Employer 24.81
2025Cafe Dental City Council 100.00
2025 Cafe Vision City Council 20.00
Total Benefits: 2,465.97
Taxes Employer Paid
Medicare 4.35
FICA 18.60
Federal Income Tax Withholding 0.00
State Income Tax Withholding 0.00
Total Taxes: 22.95
Total Statement: 2,788.92
Prepared for: Evan Sanders
750
5/18/2026 9:47:26 AM Page 1 of 2
Vendor History Report
City of Los Banos, CA By Vendor Name
Posting Date Range 01/01/2025 -
Payment Date Range -
Payable Number Description Post Date 1099 Payment Number Payment Date Amount Shipping Tax Discount Net Payment Item Description Units Price Amount
Vendor Set: City - City of Los Banos
L04100 - Deborah Lewis 712.53 0.00 0.00 0.00 712.53 712.53 011526 Cell Phone Reimbursement 1/16/2026 255823 1/16/2026 50.56 0.00 0.00 0.00 50.56 50.56 Cell Phone Reimbursement 0.00 0.00 50.56
021826 Reimbursement- Cell Phone Benefits 2/20/2026 256469 2/20/2026 50.54 0.00 0.00 0.00 50.54 50.54 Reimbursement- Cell Phone Benefits 0.00 0.00 50.54
031726 Cell Phone reimbursement- 03/04/26 - 04/03/26 3/20/2026 256949 3/20/2026 50.54 0.00 0.00 0.00 50.54 50.54 Cell Phone reimbursement- 03/04/26 - 04/03/26 0.00 0.00 50.54 042226 Cellphone Reimbursement- 04/04/26 - 05/03/26 4/23/2026 257535 4/23/2026 50.53 0.00 0.00 0.00 50.53 50.53 Cellphone Reimbursement- 04/04/26 - 05/03/26 0.00 0.00 50.53 050825 Travel Reimbursement- One Voice 5/13/25 - 5/16/25 5/9/2025 251696 5/9/2025 89.00 0.00 0.00 0.00 89.00 89.00 Travel Reimbursement- One Voice 5/13/25 - 5/16/25 0.00 0.00 89.00 053025 Reimbursement- MCAG One Voice/Business Cards 5/30/2025 252015 5/30/2025 283.36 0.00 0.00 0.00 283.36 283.36 Reimbursement- MCAG One Voice/Business Cards 0.00 0.00 283.36 093025 Travel- LCC Annual Conf. 10/7/25 - 10/10/2510/2/2025 254063 10/2/2025 138.00 0.00 0.00 0.00 138.00 138.00 Travel- LCC Annual Conf. 10/7/25 - 10/10/25 0.00 0.00 138.00 C12565 - Marcus Chavez 1,559.76 0.00 0.00 0.00 1,559.76 1,559.76 012325 Travel Reimbursement-LOCC Mayor & CM Conf. 1/23/2025 249644 1/24/2025 124.00 0.00 0.00 0.00 124.00 124.00 Travel Reimbursement-LOCC Mayor & CM Conf. 0.00 0.00 124.00 020525 Reimbursement-Mileage for LOCC 2/7/2025 249854 2/7/2025 425.74 0.00 0.00 0.00 425.74 425.74 Reimbursement-Mileage for LOCC0.00 0.00 425.74
032025 Return Payroll ACH for 2/5/25 Payroll 3/21/2025 250707 3/21/2025 194.19 0.00 0.00 0.00 194.19 194.19 Return Payroll ACH for 2/5/25 Payroll 0.00 0.00 194.19
040925 Returned ACH payroll Deposit 4/11/2025 250998 4/11/2025 194.19 0.00 0.00 0.00 194.19 194.19 Returned ACH payroll Deposit 0.00 0.00 194.19
050825 Travel Reimbursement- One Voice 5/13/25 - 5/16/25 5/9/2025 251694 5/9/2025 89.00 0.00 0.00 0.00 89.00 89.00 Travel Reimbursement- One Voice 5/13/25 - 5/16/25 0.00 0.00 89.00 061225 Mileage and Meals Reimbursement- One Voice Trip 6/13/2025 252229 6/13/2025 338.45 0.00 0.00 0.00 338.45 338.45 Mileage and Meals Reimbursement- One Voice Trip 0.00 0.00 338.45 061724 Return Payroll ACH for 3/5/25 Payroll 3/21/2025 250707 3/21/2025 194.19 0.00 0.00 0.00 194.19 194.19 Return Payroll ACH for 3/5/25 Payroll 0.00 0.00 194.19
751
Vendor History Report Posting Date Range 01/01/2025 -
5/18/2026 9:47:26 AM Page 2 of 2
Payable Number Description Post Date 1099 Payment Number Payment Date Amount Shipping Tax Discount Net Payment Item Description Units Price Amount
A06926 - Michael Amabile 922.91 0.00 0.00 0.00 922.91 922.91 010926 Cell Phone Reimbursement 1/16/2026 255814 1/16/2026 86.33 0.00 0.00 0.00 86.33 86.33 Cell Phone Reimbursement 0.00 0.00 86.33
030226 Reimbursement- Cell Phone Benefits 3/6/2026 256677 3/6/2026 86.31 0.00 0.00 0.00 86.31 86.31 Reimbursement- Cell Phone Benefits 0.00 0.00 86.31
042226 Cell Phone Reimbursement- 03/01/26 - 03/30/26 5/1/2026 257617 5/1/2026 86.31 0.00 0.00 0.00 86.31 86.31 Cell Phone Reimbursement- 03/01/26 - 03/30/26 0.00 0.00 86.31 051126 Cell Phone Reimbursement 03/31/26 -04/30/26 515/2026 258002 5/15/2026 86.25 0.00 0.00 0.00 86.25 86.25 Cell Phone Reimbursement 03/31/26 -04/30/26 0.00 0.00 86.25 051126.1 Cell Phone Reimbursement 01/31/26 - 02/28/26 5/15/2026 258002 5/15/2026 86.31 0.00 0.00 0.00 86.31 86.31 Cell Phone Reimbursement 01/31/26 - 02/28/26 0.00 0.00 86.31 080125 Mileage Reimbursement- Senate Hearing @ Sacramento 8/15/2025 253348 8/15/2025 491.40 0.00 0.00 0.00 491.40 491.40 Mileage Reimbursement- Senate Hearing @ Sacramento 0.00 0.00 491.40 P09560 - Mitzy Perez 546.91 0.00 0.00 0.00 546.91 546.91 093025 Travel- LCC Annual Conf. 10/07/25 - 10/10/2510/2/2025 254065 10/2/2025 546.91 0.00 0.00 0.00 546.91 546.91 Travel- LCC Annual Conf. 10/07/25 - 10/10/25 0.00 0.00 546.91 Vendors: (4) Total City - City of Los Banos: 3,742.11 0.00 0.00 0.00 3,742.11 3,742.11 Vendors: (4) Report Total: 3,742.11 0.00 0.00 0.00 3,742.11 3,742.11 752

CITY COUNCIL

NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that a Public
Hearing will be held by the Los Banos
City Council to consider 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.

A PUBLIC HEARING on this matter will be
held at the next scheduled meeting of
the Los Banos City Council on
Wednesday, June 17, 2026 at 6:00 p.m. at
the Los Banos Community Center,
located at 647 7th Street, Los Banos,
California. Questions regarding the
above-referenced item may be directed
to the City Clerk’s office at (209)
827-2448 or [email protected].

All persons are invited to be present at
the public hearing. Written and oral
testimony is invited. Notice is hereby
further given that if you challenge the
above-described Project in court, you
may be limited to raising only those
issues you or someone else raised at the
public hearing described in this Notice,
or in written correspondence delivered
to the City Clerk at, or prior to, the public
hearing.

Additional information may be obtained
from the City Clerk at 520 J Street, Los
Banos, California. In compliance with the
Americans with Disabilities Act, if you
need special assistance to participate in
this meeting, please contact the Office of
the City Clerk at (209) 827-7000.

Notification at least 72 hours prior to the
public hearing will enable the City to
make reasonable arrangements to allow
participation at this hearing.

THE CITY OF LOS BANOS

VIONNA LIN

ASSISTANT CITY CLERK
June 3, 2026
WEX#26-127
753

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754
Agenda Staff Report
TO: Mayor Amabile and Council Members
FROM: Mary Lerner, City Attorney
DATE: June 17, 2026
TYPE OF REPORT: Regular Agenda
SUBJECT: Consideration and Adoption of a Resolution Ordering the Submission to the Qualified Electors of the City a Measure Relating to the Appointment of the City Treasurer at the November 3, 2026 General Municipal Election ______________________________________________________________________ Recommendation:

Staff recommend that the City Council Adopt a Resolution ordering the submission to the qualified electors of the City of Los Banos a ballot measure asking whether the office of City Treasurer shall become an appointive office and directing the placement of the measure on the November 3, 2026 General Municipal Election ballot.

Background:

At the June 3, 2026 City Council meeting, Council directed that a resolution be brought back for consideration regarding whether to submit to the voters the question of whether the city treasurer position should be appointive rather than elected. The City of Los Banos is a general law city and is required by state law to maintain the office of City Treasurer. Currently, the City Treasurer is elected by the voters of the City.

Over time, municipal finance administration has become increasingly complex.

City treasurers are responsible for safeguarding public funds, overseeing investment activities, ensuring compliance with state investment laws, and 755
ITEM 10
carrying out duties established by the California Government Code and local ordinances. These responsibilities often require specialized expertise in public finance, governmental accounting, treasury management, investment practices, and regulatory compliance.

Recognizing these evolving responsibilities, California law permits general law cities to submit to voters the question of whether the office of City Treasurer should be appointed rather than elected. Many California cities have transitioned to appointive finance positions to allow recruitment based upon professional qualifications, education, certifications, and relevant experience.

Discussion:

If approved by a majority of voters, the City would transition the office of City Treasurer from an elected position to an appointive position in accordance with California Government Code section 36508 and the accompanying ordinance.

The resolution accomplishes the following:
• Orders the submission of the measure to the voters at the November 3, 2026 General Municipal Election.
• Approves the form and content of the ordinance to be considered by the voters. • Directs the City Attorney to prepare an impartial analysis of the measure pursuant to Elections Code section 9280.
• Establishes procedures for the submission of ballot arguments and rebuttal arguments consistent with the Elections Code.
• Directs the City Clerk to coordinate with the Merced County Elections Department and complete all required election-related filings and notices. • Authorizes reimbursement to Merced County for election administration costs associated with the measure.

Approval of the resolution does not advocate for or against the measure. Rather, it provides the mechanism for the electorate to determine whether the office should remain elective or become appointive.

Fiscal Impact:

Approval of the resolution will result in costs associated with placing the measure on the November 3, 2026 General Municipal Election ballot currently estimated at $7500.00.

Pursuant to the resolution, the City will reimburse Merced County for all election-related costs attributable to the measure. The exact amount will depend upon the final costs assessed by the County.

Should the measure be approved by the voters, any future fiscal impacts associated with recruitment, appointment, or compensation of an appointed City Treasurer would be addressed through future City Council actions and budget processes. 756
Reviewed by:

_______________________________
Nirorn Than, City Manager
Attachments:

1. Resolution
757

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758
RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS, CALIFORNIA ORDERING

THE SUBMISSION TO THE QUALIFIED

ELECTORS OF THE CITY OF A MEASURE

RELATING TO THE APPOINTMENT OF THE CITY

TREASURER AT THE GENERAL ELECTION TO
BE HELD ON TUESDAY, NOVEMBER 3, 2026, AS
CALLED BY RESOLUTION NO. 7101
WHEREAS, a general election on Tuesday, November 3, 2026 has been called by Resolution No. 7101, adopted on June 3, 2026; and
WHEREAS, the City Council also desires to submit to the voters at the election a question relating to the appointment of a city treasurer; and WHEREAS, State law requires that every general law city has the position of city treasurer; and
WHEREAS, In Los Banos the office of the city treasurer is presently filled by election; and
WHEREAS, California Government Code section 36508 provides that the City Council of a general law city may submit to the electors the question of whether the city treasurer shall be appointed by the City Council; and
WHEREAS, the trend in California is toward appointment of this position. The financial expertise needed in order to be effective in this position and in order to comply with the city treasurer requirements set forth in the Government Code as the administration of local government has become more complex over time, increasingly requiring specialized skills, professional training, education, experience, and certification; and
WHEREAS, city treasurers are responsible for investing and safekeeping City funds requiring a person who possesses technical experience and knowledge of public investments; and
WHEREAS, candidates to serve as an elective city treasurer are limited to residents and registered voters within the City.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby declare, determine, and order as follows:
759
SECTION 1. The City Council, pursuant to its right and authority, does order submitted to the voters at the General Municipal Election the following question:

APPOINTED CITY TREASURER. Shall the office of City
Treasurer be appointive?
YES
NO
SECTION 2. The complete text of the ordinance to be approved by the voters is attached hereto as Exhibit A. The City Council approves the form and content of the Ordinance and approves submitting the Ordinance to the voters at the Tuesday, November 3, 2026 general election.

SECTION 3. The vote requirement for the measure to pass is a majority (50% +1) of the votes cast.

SECTION 4. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.

SECTION 5. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law.

SECTION 6. The City Council hereby directs the City Attorney to prepare an impartial analysis of the measure in accordance with California Elections Code section 9280.

SECTION 7. Ballot Arguments and Rebuttals.

A. Arguments in favor of or against the ballot measure and rebuttal arguments may be submitted in accordance with sections 9282-9285 of the Elections Code of the State of California.

B. Pursuant to Elections Code sections 9286(b) and 10418, the deadlines for submitting these arguments shall be those prescribed by the Merced County Elections Department in connection with the conduct of the statewide general election. 760
C. Pursuant to California Elections Code section 9282(b), the City Council may approve and submit a ballot argument in support of the adoption of the proposed ordinance.

SECTION 8. Delivery of Resolution to Merced County. The City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the Election Department for the County of Merced no later than 88 days prior to the November 3, 2026, statewide general election.

SECTION 9. Notice. The City Clerk is hereby directed to cause notice of the measure to be published once in the Westside Express or the Merced Sun-Star, the official newspapers of the City, in accordance with section 12111 of Elections Code and section 6061 and the Government Code of the State of California.

SECTION 10. Full Text of Measure. The full text of the ordinance contained in Exhibit "A," adding Los Banos Municipal Code Title 2, Chapter 3, Articles 5 and 6, and entitled "AN ORDINANCE OF THE VOTERS OF THE CITY OF LOS BANOS TO

AMEND THE MUNICIPAL CODE TO MAKE THE OFFICE CITY TREASURER AN APPOINTIVE OFFICE, SUBJECT TO APPROVAL BY A VOTE OF THE PEOPLE," will be made available at no cost, at the Los Banos City Clerk's office or on the City of Los Banos website at www.losbanos.org. A statement about how to obtain the full text of the ordinance will be included in the voter information pamphlet below the impartial analysis.

SECTION 11. Additional Costs. The City of Los Banos recognizes that additional costs will be incurred by the County by reason of the requested consolidation and agrees to reimburse the County for such costs.

SECTION 12. CEQA. The City Council hereby finds and determines that the ballot measure relates to organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment, and therefore is not a project within the City of Los Banos meaning of the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, section 15378(b)(5).

SECTION 13. Certification. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions, and to take other appropriate actions necessary to ensure the placement of said proposition before the voters of the City of Los Banos at said general election.

SECTION 14. Corrections. The City Clerk and the City Attorney are authorized to make any typographical, clerical, non-substantive corrections or additions to this Resolution as may be deemed necessary by the Merced County Registrar of Voters.

SECTION 15. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Resolution which can be given effect without the 761
invalid provision or application, and to this end the provisions of this Resolution are severable. The City Council hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof.

SECTION 16. Effective Date of Resolution. This Resolution shall take effect immediately upon its adoption.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 17th day of June 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
762
EXHIBIT "A"
ORDINANCE NO.

AN ORDINANCE OF THE VOTERS OF THE CITY OF LOS BANOS TO AMEND THE

MUNICIPAL CODE TO MAKE THE OFFICE OF CITY TREASURER AN APPOINTIVE

OFFICE, SUBJECT TO APPROVAL BY A VOTE OF THE PEOPLE
THE PEOPLE OF THE CITY OF LOS BANOS DO HEREBY ORDAIN AS FOLLOWS:

SECTION 1. PURPOSE.

WHEREAS, State law requires that every general law city have the position of City Treasurer; and
WHEREAS, by default this office is filled by election; and WHEREAS, in Los Banos the office of the City Treasurer is presently filled by election; and
WHEREAS, this office has not had a contested election in at least a decade; and WHEREAS, the City nevertheless incurs costs related to opening the office for election every four years; and
WHEREAS, section 36508 of the California Government Code provides that the City Council of a general law city may submit to the electors the question of whether any officers of the City, except council persons, shall be appointed by the City Council; and WHEREAS, the trend in California is toward appointment of the position of city treasurer; and
WHEREAS, the administration of local government has become more complex over time, increasingly requiring specialized skills and ever-greater professional training, education, experience, and certification; and
WHEREAS, city treasurers are responsible for investing and safekeeping City funds, requiring a person who possesses technical experience and knowledge of public investments, and meaning that individuals elected in the future could cause serious financial problems if an unqualified individual were elected to perform the city treasurer's responsibilities; and
WHEREAS, pursuant to state law, candidates to serve as an elective city treasurer are limited to residents and registered voters within the city itself; and 763
WHEREAS, the most qualified candidates may not always reside within the City limits; and
WHEREAS, pursuant to state law that residency restriction would not apply to this office if appointed; and
WHEREAS, the Council supports the conversion of this office to an appointed office; WHEREAS, the purpose of this measure is to convert the office of city treasurer to an appointed office in accordance with the terms of the California Government Code.

SECTION 2. AMENDMENT TO CODE REGARDING APPOINTMENT OF CITY TREASURER.

Title 2, Chapter 3, of the Los Banos Municipal Code is amended to add Article 5 thereto, to read as follows:

Article 5. City Treasurer. Sec. 2-3.601 City Treasurer - Appointment. Pursuant to California Government Code sections 36508 to 36510, the city treasurer shall be appointed by and serve at the pleasure of the City Council. The City Council shall appoint a treasurer upon the expiration of the current term of the treasurer now in office, or upon a vacancy in the office. Pursuant to Government Code section 36510, the treasurer so appointed is not required to be a resident or elector in the City. As provided in Government Code section 36510, the City Council may by ordinance vest in the city manager its authority to appoint such officer.

SECTION 4. EFFECTIVE DATE. Pursuant to California Elections Code section 9217, this Ordinance shall be in full force and effect ten (10) days after the certification by the City Council of the election returns indicating passage of the Ordinance by a majority of the voters casting votes in the election.

SECTION 5. INCONSISTENCIES. To the extent that the terms and provisions of this Ordinance may be inconsistent or in conflict with the terms or conditions of any prior City ordinance, motion, resolution, rule or regulation governing the same subject, the terms of this Ordinance shall prevail with respect to the subject matter thereof.

SECTION 6. INTERPRETATION. In interpreting this Ordinance or resolving any ambiguity, this Ordinance shall be interpreted in a manner that effectively accomplishes its stated purposes.

SECTION 7. SEVERABILITY. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The People of the City of Los Banos hereby declare that they would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, 764
irrespective of the fact that anyone or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 8. PUBLICATION. The City Clerk is directed to cause a copy of this Ordinance to be published in the official newspaper at least once within ten (10) days after the certification of the election results by the City Council.

SECTION 9. ATTESTATION. The Mayor is hereby authorized to attest to the adoption of this ordinance by signing where indicated below.

I hereby certify that the foregoing ordinance was PASSED, APPROVED, AND ADOPTED by the People of the City of Los Banos, duly voting at an election called therefore on 3rd day of November, 2026.
__________________________
By: Michael S. Amabile, Mayor
ATTEST:
____________________________
Lucille L. Mallonee, City Clerk
765

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766
Agenda Staff Report
TO: Mayor Amabile and City Council Members
FROM: Stacy Souza Elms, Community and Economic Development Director DATE: June 17, 2026
TYPE OF REPORT: Agenda Item
SUBJECT: Award of Progressive Design-Build Agreement for the Los Banos Civic Center to Fortune-Ratliff General Contractors, Inc. and Paul Halajian Architects
______________________________________________________________________ Recommendation:

Adopt a resolution approving a Standard Agreement between the City of Los Banos and Fortune-Ratliff General Contractors, Inc. and Paul Halajian Architects (FR+PHA) for Progressive Design-Build Services for the Los Banos Civic Center Project in an amount not to exceed $7,800,000 with a contingency in the amount of $200,000.00, and authorizing the City Manager to execute the Agreement, any change order up to the contingency amount, and make minor modifications as necessary to carry out the intent of the agreement.

Background:

In 2024, the City conducted a comprehensive assessment of the former Police Annex building located at 535 J Street to evaluate its suitability for reuse as a Development Services Center (DSC). The assessment included preliminary site and floor plan analysis, preliminary structural investigation, and a budget level cost estimate. The analysis determined that the building is generally feasible for adaptive reuse; however, significant structural upgrades, including seismic improvements to unreinforced masonry (URM) walls, modernization of building systems, and code compliance modifications would be required. The assessment estimated construction costs at approximately $7.8 million, with additional soft costs to be determined.
767
ITEM 11
Based on this preliminary work, the City issued a Request for Qualifications (RFQ) on July 30, 2025, to identify a qualified Progressive Design-Build Entity (PDBE) to design and construct the Los Banos Civic Center Project.

On October 15, 2025, the City Council authorized entering into a Standard Agreement with Swinerton Builders and The Taylor Group Architects. On May 5, 2026, the City Council approved termination of that agreement for convenience after determining that the project could not move forward within the contractor’s proposed budget. The City Council further directed staff to proceed with negotiations with the next most qualified team, FR+PHA.

Discussion:

Scope of Work
The awarded agreement encompasses two major phases:

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

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

Qualifications and Experience
FR+PHA brings extensive experience in civic and public-sector projects, along with a collaborative, cost focused design approach. The team has significant expertise in design and construction delivery and has successfully completed comparable projects, including the Oakhurst Government Center Tenant Improvement, aligning well with the City’s goals for the DSC.

Fiscal Impact:
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The total not-to-exceed amount for the Progressive Design-Build Agreement with FR+PHA is $7,800,000.00, with a contingency of $200,000.00. Adequate funding has been budgeted for design and construction services in Fiscal Year 2025-2026 and 2026- 2027.

Reviewed by:

_______________________________ _______________________________ Soknirorn Than, City Manager Minerva Moreno, Finance Director Attachments:

1. Resolution

2. Standard Agreement

3. FR+PHA Executive Summary
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770
RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS APPROVING THE AWARD

OF CONTRACT TO FORTUNE-RATLIFF
GENERAL CONTRACTORS, INC. AND PAUL

HALAJIAN ARCHITECTS FOR THE LOS BANOS

CIVIC CENTER PROJECT AND AUTHORIZING

THE CITY MANAGER TO EXECUTE THE

AGREEMENT
WHEREAS, the City of Los Banos (“City”) issued a Request for Qualifications (RFQ) on July 30, 2025, seeking qualified Progressive Design-Build Entities (PDBEs) to design and construct the Los Banos Civic Center Project; and WHEREAS, the Los Banos Civic Center Project will renovate the existing Cityowned building at 535 J Street (former Police Department Annex) into a new Development Services Center consolidating multiple public service divisions, and includes the feasibility and reuse of the former Police Station at 945 Fifth Street, and interior improvements to City Hall at 520 J Street; and WHEREAS, the City utilized a two-step qualifications-based selection process in accordance with Government Code Section 1332.19 and Public Contract Code Section 10198, to select the most qualified Progressive Design-Build Entity; and WHEREAS, on October 15, 2025, the City Council authorized entering into a Standard Agreement with Swinerton Builders and The Taylor Group Architects. On May 5, 2026, the City Council approved termination of that agreement for convenience; and WHERAS, the City Council further directed staff to proceed with negotiations with the next most qualified team; and
WHEREAS, following evaluation and interviews, Fortune-Ratliff General Contractors, Inc. and Paul Halajian Architects were determined to be the most qualified team based on demonstrated experience, technical capability, and qualifications; and WHEREAS, the City and Fortune-Ratliff General Contractors, Inc. and Paul Halajian Architects have negotiated a Standard Agreement for Progressive Design-Build Services in an amount not to exceed Seven Million Eight Hundred Thousand Dollars ($7,800,000); and
WHEREAS, City staff requests that the City Council authorizes a contingency in the amount of $200,000.00; and
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WHEREAS, pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, the project qualifies for a Categorical Exemption under Section 15301 (Existing Facilities) and Section 15302 (Replacement or Reconstruction), as the project consists of the renovation, interior improvements, and minor reconstruction of existing City facilities with substantially the same purpose and capacity and located on previously developed urban sites; and
WHEREAS, the City Council has independently reviewed and considered the project and determined that the project will not result in any significant environmental effects and no exceptions to the categorical exemptions apply under CEQA Guidelines Section 15300.2.

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

1. Approve the Standard Agreement between the City of Los Banos and Fortune Ratliff General Contractors, Inc. and Paul Halajian Architects for Progressive Design-Build Services for the Los Banos Civic Center Project (Project No. 26-CED0001) in an amount not to exceed $7,800,000, in a form approved by the City Attorney.

2. Approve and authorize a contingency in the amount of $200,000.00.

3. Authorize the City Manager or designee to make minor modifications as necessary to carry out the intent of the agreement and to execute all related documents necessary for project implementation including the contingency.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 17th day of June 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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STANDARD AGREEMENT AGREEMENT NUMBER
[x] CHECK HERE IF ADDITIONAL PAGES ARE ATTACHED 40 PAGES REGISTRATION NUMBER

1. This Agreement is entered into between the City of Los Banos and the Contractor named below:

Fortune-Ratliff General Contractors, Inc. and Paul Halajian Architects, Inc.

CONTRACTOR'S NAME

2. The term of this Agreement: From the date of Approval by City of Los Banos as indicated by the approval stamp in the lower right-hand corner of this page and continuing for twenty (20) months.

3. The maximum amount of this Agreement is: $ 7,800,000.00

4. The parties agree to comply with the terms and conditions of the following exhibits, which are, by this reference, made a part of the Agreement.

Los Banos Civic Center
City of Los Banos
Project No. 26-CED-0001
Articles One through Nine 1-8 page(s)
Exhibit A Scope of Services 9-23 page(s)
Exhibit B
Exhibit B-1
Exhibit C
Exhibit C-1
Exhibit D
Budget Detail and Payment Provisions
Contractor Team
General Terms & Conditions
Certifications
Prevailing Wage Requirement
24-25 page(s)
26 page(s)
27-36 page(s)
37-38 page(s)
39-40 page(s)
Items shown with an Asterisk (*), are hereby incorporated by reference and made part of this agreement as if attached hereto.

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

CONTRACTOR City of Los Banos Use Only
CONTRACTOR’S NAME (If other than an individual, state whether a corporation, partnership, etc.) 773

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BY (Authorized Signature) DATE SIGNED (Do not type)
−
PRINTED NAME and TITLE OF PERSON SIGNING

ADDRESS

AGENCY NAME
BY (Authorized Signature) DATE SIGNED (Do not type)
−
PRINTED NAME and TITLE OF PERSON SIGNING

ADDRESS
Exempt per
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The City of Los Banos (referred to interchangeably herein as “the City”) has the option to amend this Agreement to extend the time of performance of the contract, with no additional cost or charge to the City.

The City and Contractor agree to cooperate with each other to fulfil their responsibilities and obligations under this Agreement. Both City and Contractor shall endeavour to maintain a good working relationship among members of the project team.

The Contractor represents that all services and work for which it is compensated by the City, whether performed by the Contractor or subcontractor, are necessary and essential for the Contractor to render its professional judgment in the performance of the Contract.

DEFINITIONS
For purposes of this Agreement the following definitions shall apply:

A. AGREEMENT: The written and executed document known as the City of Los Banos Standard Agreement, together with those Contract Documents identified therein and any Change Orders or Amendments thereto made in writing, signed by the parties, and approved as required. The terms Agreement and Contract are used interchangeably throughout this document.

B. APPROPRIATE AUTHORITIES/AGENCIES: Any private, local, municipal, county, state, regional or Federal authority or agency that may be involved with the Project. This term is intended to include those agencies and authorities that may require information, specifications, approvals, etc., in connection with the Project on either a voluntary or non-voluntary basis.

C. AS-BUILT DOCUMENTS: Those documents showing the project as it was constructed. As-Built documents include any change or clarification to the construction documents.

D. BEST VALUE: The value determined by evaluation of objective criteria that relate to demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required.

Other factors that will be considered include, features, functions, life cycle costs, experience, and past performance.

E. CONCEPT DRAWINGS: Any schematic drawings or architectural renderings that are prepared in such detail necessary to sufficiently describe the City’s needs.

F. CONTRACT DOCUMENTS: The Contract Documents form the Contract for Progressive Design Build and consist of the Agreement, together with those documents set forth in the Agreement and any Change Orders or Amendments thereto made in writing, signed by the parties and approved as required.

G. CONTRACTOR: The Progressive-Design-Build Entity that has entered into a Contract with the City identified as such in the Contract, and referred to throughout the Contract as if singular in number. The term “Contractor” means the Contractor or the Contractor’s representatives and includes those representatives providing construction contracting, professional architectural and/or professional engineering services as required herein.

H. CONSTRUCTION PROJECT MANAGER: The consultant who may be retained by the City to assist in the administration of the Preconstruction Phase and Progressive-Design-Build phases of the project. 775

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I. CONSTRUCTION SUBCONTRACT: The subcontract awarded by the Progressive-Design-Build entity to a subcontractor that will perform work or labor or render service to the Progressive-Design-Build entity in or about the construction of the work or improvement, or a subcontractor licensed by the State of California that, under subcontract to the Progressive-Design-Build Entity, specifically fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications produced by the Progressive-Design-Build Team.

J. PROGRESSIVE-DESIGN-BUILD: A construction procurement process in which both the design and construction of a project are procured from a single entity.

K. PROGRESSIVE-DESIGN-BUILD BUDGET (also known as “Project Budget”): The budget amount established by the City that represents the total cost for the Project, including the cost to perform all activities necessary to complete the Preconstruction Phase and the Progressive-Design-Build Phase.

L. PROGRESSIVE-DESIGN-BUILD ENTITY (PDBE, also known as “Progressive-Design-Builder”): A partnership, limited liability company, joint venture, corporation, or other legal entity that is able to provide appropriately licensed contracting, architectural, and engineering services as needed pursuant to the Progressive-Design-Build Contract.

M. PROGRESSIVE-DESIGN-BUILD TEAM: The PDBE itself and the individuals and other entities identified by the PDBE as members of its team. Members shall include, but are not limited to, the Architect and Engineers of Record, the general contractor, and any subcontractors responsible for the design and construction of the Project.

N. GUARANTEED MAXIMUM PRICE (GMP): The maximum payment amount agreed upon by the City and the PDBE for the PDBE to finish all remaining design, preconstruction, and construction activities to complete and close out the project.

O. PROGRESSIVE-DESIGN-BUILD PROJECT: A capital outlay project using the Progressive-Design-Build construction procurement process.

P. PROGRESSIVE-DESIGN-BUILD: A project delivery process in which both the design and construction of a project are procured from a single entity that is selected through a qualification-based selection at the earliest feasible stage of the project.

Q. PROJECT CRITERIA: The information that fully describes the scope of the proposed Progressive-Design-Build project and includes, but is not limited to, the size, type, and design character of the buildings and site; the required form, fit, function, operational requirements, and quality of design, materials, equipment, and workmanship; and any other information deemed necessary to sufficiently describe the City’s needs. Project Criteria may include concept drawings, which include any schematic drawings or architectural renderings that are prepared in the detail necessary to sufficiently describe the City’s needs.

R. PRECONSTRUCTION PHASE: The period following the award of a contract to a PDBE for a Progressive-DesignBuild project in which the PDBE completes necessary design activities and any preconstruction activities to produce a GMP.

S. PROGRESSIVE-DESIGN-BUILD PHASE: The remaining design and preconstruction activities necessary after the Preconstruction Phase, and all construction activities, necessary to complete construction and closeout of a Progressive-Design-Build project.
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T. PROJECT: The total design and construction of the work performed under the contract as described in Exhibit A, Project Description.

PROJECT BUDGET
During the Preconstruction Phase, the Contractor shall complete the documents that will form the basis of the GMP, including but not limited to all program documents, design guidelines, project narratives, drawings, specifications, and other contract documents as required, such that the cost of the Project will not exceed the Progressive-Design-Build Budget. It is agreed that in the event the City and the Contractor cannot agree to a GMP, the Contractor shall, at the direction of the City and at no further cost to the City, revise the applicable documents so as to establish a GMP satisfactory to the City.

The current Progressive-Design-Build Budget for this project is $7,800,000

SCHEDULE OF WORK
Time is of the essence for this Agreement. The Contractor shall work with the City to develop a master project schedule, including project milestones and deliverables. The schedule may be adjusted at the sole discretion of the City.

The Contractor shall commence work under this Agreement only when directed by the City in writing and shall prosecute the work diligently to complete the work as follows:

Preconstruction Phase: Upon notice to proceed from the City, Contractor shall perform work for this phase until completion of all the work, reference Exhibit A. The duration is 5 months.

Progressive-Design-Build Phase: Following the execution of an amendment to the Agreement, Contractor will perform work for this phase until completion of all work on the Project, including but not limited to, commissioning and all Project closeout activities. The duration of the Progressive-Design-Build Phase is 15 months.

CONTRACTOR'S TEAM
A. The Contractor has been selected to perform the work herein, in part, because of the skills and expertise of key individuals and/or firms listed in Exhibit B-1- Contractor's Team. Substitution of the individuals and/or firms identified in Exhibit B-1 is not allowed except with prior written approval of the City. Substitutions of key individuals and/or firms shall be limited to those instances when deemed absolutely necessary.

B. The Contractor shall designate a principal or qualified, experienced senior staff member, satisfactory to the City, as the project manager who shall, so long as performance continues to be acceptable to the City, remain in charge of the services for the Project. Additionally, the Contractor must furnish the names of all lead or key people in Contractor's firm that shall be associated with this Project. If the designated project manager or any other designated lead or key person fails to perform to the satisfaction of the City upon written notice, the Contractor shall have 15 calendar days to remove that person from the Project and replace that person with one acceptable to the City. A project manager and all lead or key personnel for any subcontractor must also be designated by that subcontractor and are subject to all conditions stated in this paragraph.

C. Contractor covenants that Contractor has no existing interest and shall not acquire any interest, direct or indirect, which could conflict in any manner or degree with the performance of services required under this Agreement and that no person having any such interest shall be employed or subcontracted by Contractor. 777

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D. The Contractor, and the agents and employees of Contractor, in the performance of the Agreement, shall act in an independent capacity and not as officers or employees or agents of the City of Los Banos.

SERVICES

BASIC SERVICES
Contractor agrees to provide all services required by and in accordance with this Article and Exhibit A – Scope of Services and other necessary and incidental services that are required to provide architectural, engineering and support services for the Project. The City reserves the right to terminate the Agreement at any time. Contractor shall not be entitled to payment for any service not authorized by the City.

A. BASIC SERVICES
Contractor shall:

Contract for, or employ at Contractor’s expense, subcontractors or personnel to the extent deemed necessary for the Scope of Services for the Project. Contractor’s personnel and subcontractors shall include but be not limited to architects, as such by the State of California and all other subcontractors necessary for development of the Project. The City reserves the right to reject the use of any subcontractor.

Consult and meet, as necessary, with normal and customary employees, agencies, and/or representatives of the City relative to the development of a GMP, design, and construction of the Project.

Conduct Project status meetings with the City, Construction Project Manager, equipment vendors, other professionals employed by the City, and other agencies as needed and directed by the City during the Project. For all meetings, the Contractor shall prepare meeting agendas, take meeting notes, and prepare meeting minutes that shall be distributed to the Project team in a timely manner.

Field check existing conditions as required to complete the work of this Agreement. All field checks of existing conditions must be documented by means of a report. The report must identify the existing conditions found and list recommendations or plans of action.

Be responsible for the professional quality, technical accuracy and the coordination of all analyses, reports, studies, surveys, plans, designs, drawings, specifications, and other deliverables and services provided by Contractor under this Agreement. Contractor shall, without additional compensation, correct or revise any errors or omissions, and incorporate responses to the City’s review comments in provided deliverables until the deliverables are accepted by the City. Documents shall be prepared in full compliance with all applicable building codes, ordinances, and other requirements of regulatory authorities. The documents produced shall, at a minimum, comply with all applicable California State Building Codes, to include but not be limited to, Title 8 (Industrial Relations), Title 17 (Public Health), and Title 24 (Building Standards).

Unless otherwise noted, provide all contract deliverables to the City in at least two (2) electronic file formats: Portable Document Format (PDF), CADD as applicable; and the native file format(s) of the program(s) in which the documents were created. Electronic files shall not be password protected. All PDF files shall allow printing, copying, and extracting content, and adding mark ups. All native files shall be able to be used in their native program, edited, and manipulated by the City.

Maintain a document management system to store, manage and facilitate the creation and review of the conformed Project Criteria, reports, studies, surveys, programs, agendas, minutes, designs, drawings, 778

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specifications, and other contract deliverables as applicable. At a minimum, provide access to the document management system to the Los Banos Community and Economic Development Department, and the Construction Project Manager at no additional cost to the City. Upon completion of the Scope of Work in Exhibit A, provide electronic copies of all contract deliverables to the City on a portable hard drive.

EXTRA SERVICES
A. Extra services shall be performed by Contractor only if prior written notification to proceed is given by the City.

B. The fee for extra services shall be based on the mutual acceptance of a lump sum increase or decrease in costs.

Upon the City’s written request, the Contractor shall furnish a detailed estimate of the increase or decrease in costs and time, together with cost breakdowns of labor, schedules, materials, equipment, and other supporting data within the time specified in such request. Cost breakdowns shall include but are not limited to hourly labor rates and hours; material quantities and unit costs; and equipment hourly rates and hours, as an example.

Contractor may not invoice the City for extra services without a written Amendment to this Agreement signed by both parties and approved by the City authorizing the extra services.

DISPUTES AND CLAIMS PROCEDURES
The parties hereto mutually agree that the resolution of any claim or disputes arising under this Agreement shall be resolved pursuant to the following:

A. If the Contractor disputes any action by the City's Representative (Project Manager or Director) arising under or out of the performance of this contract, the Contractor shall notify the City's Representative of the dispute in writing and request a claims decision. The City's Representative shall issue a decision within 30 days of the Contractor's notice. If the Contractor disagrees with the City Representative's decision, the Contractor shall submit a formal claim to the Director of Community and Economic Development. The Director of Community and Economic Development shall issue a decision within 15 days of receipt of Contractor's formal claim.

The decision may encompass facts, interpretations of the Agreement, and determinations or applications of the law. The decision shall be in writing following an opportunity for the Contractor to present oral or documentary evidence and arguments in support of the claim. This administrative process must be followed prior to arbitration.

B. Contractor agrees to proceed with all work ordered by the City pending the outcome of any claim, dispute, or arbitration.

C. Arbitration: Any Claim filed is not resolved by the above procedures shall be resolved by arbitration in accordance with the provisions of Public Contract Code Section 10240 et seq Either party may initiate arbitration by filing a Complaint in Arbitration with the Office of Administrative Hearings in Sacramento, California, in compliance with the requirements of Public Contract Code Section 10240, et seq., and Title 1,.

Arbitration shall be conducted in Sacramento, California.

CITY REPRESENTATIVE
For the purposes of this Agreement, the City Representative shall be as designated in Article 9 - Notices.

The City Representative is not authorized by the City to make any commitments or changes which shall affect the price, terms, or conditions of this Agreement except by written amendment. 779

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NOTICES
Any notice may be served upon either party by delivering it in writing by overnight delivery service, or by depositing it in a United States mail deposit box with the postage thereon fully prepaid and addressed to the party at the address as set forth below:

CONTRACTOR: CITY:

Fortune-Ratliff/ Paul Halajian Architects
352 W. Bedford Ave., Ste. 107
Fresno, CA 93711
Attn: Adam Myles
Email: [email protected]
City of Los Banos
Community and Economic Development
520 J Street, Los Banos, CA 93635
Attn: Stacy Souza Elms
Email: [email protected]
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EXHIBIT A. SCOPE OF SERVICES

PROJECT DESCRIPTION
The building comprises 4,658 sf on the First Floor and 4,664 sf for a total of 9,322 sf. This includes a singlestory shed “wing” 364 sf in area and which is substandard construction and is to be demolished. With the shed removed the First Floor is 4,294 sf and the overall building is 8,958 sf. The building is a classic midcentury modern design, contributing to the aesthetic of downtown Los Banos. The project also includes the reuse of the old Police Station properties based on a feasibility study, and modernization improvements at City Hall to update workspaces, cubicles and electrical systems. These upgrades will enhance efficiency, customer service, and interdepartmental collaboration.

PRECONSTRUCTION PHASE
A. GENERAL
The scope of services includes, but is not limited to, providing programming services, site assessment services, design services, preconstruction services, project management services, labor, limited destructive field investigations, coordination, materials, tools, and equipment as necessary to produce a GMP and to complete the Preconstruction Phase of the Project.

Contractor shall perform all services identified herein, together with any related services necessary to achieve the standard of care and workmanship required by the terms of the Agreement.

Contractor shall certify that all Design Submissions, construction documents, or other related project documents are coordinated with all contributing subcontractors and consultants, whether they are contracted directly with the Contractor or not and must ensure quality assurance.

Necessary accommodations must be made to ensure City operations and activities are minimally impacted during the design and Preconstruction Phase activities.

D. EXECUTIVE SUMMARY
Prepare an executive summary for the project describing the general approach to design and construction. Place special emphasis on the Critical Success Factors (CSF) identified in the Project Criteria Volume 2 and the unique design and construction strategies that the project team will employ to meet the goals of the project. The executive summary should include, but is not limited to, the information below:
a. Provide overview narrative describing the Project.
b. Provide status describing activities that occur during the Preconstruction Phase and highlight any critical issues.
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c. Outline of critical issues along with resolutions (proposed or actual). d. Schedule identifying the actual status versus the planned progress of work. e. Actions proposed to recover the schedule, if applicable f. Neighborhood, traffic, parking, pedestrian, adjacent properties, and other urban issues. g. Project financial information
E. TEMPORARY JOB TRAILER FACILITIES AND CONTROLS
The contractor shall provide a complete portable job trailer on site.

The job trailer shall be fully functioning no later than thirty (30) days after NTP. The job trailer (12’x60’ min) to feature a conference table and chairs to accommodate 12 occupants and construct a plan table(s) for the Inspectors’ use. Plan tables shall be located near the Inspectors’ area and large enough for two (2) fully opened, full-size sets of plans. Job trailer to include a private independently lockable office for use by the City and the CM.

Contractor to furnish City/CM office with 1 desk, 1 swivel chair with casters, steel, with arms, 1 two drawer filing cabinet, electrical service, climate control, and internet infrastructure (High speed), TV/Monitor (48” min.) and restroom. The Contractor shall meet with the City to confirm location of job trailer.
a. Provide and maintain a Xerox WorkCentre 7545 color copier (or approved equal) /scanner/printer/fax, or equal, and provide a continuous supply of all copier paper, toner, and maintenance services as needed. Paper sizes: 8-1/2” x 11”, 8-1/2” x 14”, and 11” x 17”.
b. Provide one (1) 25 cubic foot refrigerator
c. Provide one (1) 1.2 cubic foot, 1200-watt countertop microwave. d. Office equipment and furnishings shall remain property of Contractor; remove from site upon completion of Contract.

Utility Services
a. Provide high-speed internet service required by the City shall be provided and paid for by the Contractor. Minimum requirement will be high-speed internet service at each computer location, including the conference room. Include internet connection at copier location.
b. Electrical Service: Provide all proper connections and continuously pay for service for the duration of the project.
c. Drinking Water: one (1) drinking water (hot and cold) dispenser with continuous bottle water service, cups, and dispenser; maintained and filled throughout the duration of the project, and as directed by the City.
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d. Contractor shall provide coffee pods or coffee, coffee filters, paper cups, stirs, sugar, creamer, etc. compatible with the Contractor provided coffee maker for the duration of the project.
e. Contractor to pay for all maintenance of the copier/scanner/printer/fax machine and provide sufficient paper and toner supplies, as required for the duration of the project. f. Contractor responsible to empty wastepaper baskets, fill paper dispensers; clean, and dust all furniture, files, and the like; and sweep and mop resilient and similar flooring. i. Frequency: Twice per week, minimum.
g. Internet Service Provider (ISP): Contractor shall provide an ISP with a minimum of one (1) Gbps of download speed for internet connectivity for the duration of the project to completion. Service shall be ready within thirty (30) days after NTP. Service shall be paid by the Contractor for the duration of the Work.
h. The Contractor shall furnish the services of an independent computer installer to interconnect and make fully operational all computers and computer-networked equipment identified in this section. Interconnection and operation shall include providing cables, connections, troubleshooting, service calls, etc. necessary to provide one hundred percent (100%) communication (e-mail and internet) and software operation of computer for the duration of this contract.

Signs
a. Project Sign: Design, fabricate and install a Project Sign on the Project site. The location of the sign shall be reviewed and approved by the City prior to installation. The 4 feet by 8 feet sign shall be painted with a white background, MDO material, digital printing and vinyl graphics, mounted on posts where the bottom of the sign shall be a minimum height of 4 feet above the ground. Include as a minimum: The City of Los Banos, title of the project, team participants, logos, and scheduled completion (“Coming Fall 2026” – as an example). Discuss contents of the sign with City and submit shop drawings of the proposed sign graphics and lettering for the City’s approval prior to fabrication.

Maintain sign throughout duration of the Project and remove sign at the completion of the Project.
b. Other Signs or Advertising: Not permitted, except that Contractor’s name may be placed on Contractor’s job trailer.

F. PROJECT SCHEDULE
Contractor will provide a Baseline Project Schedule, representing all tasks necessary to complete the Project within the Project durations. The schedule shall include tasks for the Preconstruction Phase and the Progressive-Design-Build Phase. a. The schedule shall utilize the Critical Path Method (CPM) and comply with other requirements described in the reference Project documents, Contract Requirements, Section 013200 – Progress Schedules and Reports.
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b. The Baseline Project Schedule must include a summary of milestone tasks by all parties, regulatory and State approvals, reasonable durations for document review, risk, affecting the Project, demolition duration, significant milestones, consultant selection, and occupancy.
c. The schedule must include a historic treatment sub-schedule within the master scheduled identifying the historic treatment of work
Contractor shall report proactively on potential schedule impacts and recommend potential solutions to schedule problems.

The Schedule shall be updated and submitted to the City, no less than monthly.

Each schedule shall be submitted in the format and method approved by the City.

The Contractor shall utilize Primavera Project Planner for Windows software (P6) by Primavera Systems, Inc., unless the City’s representative approves otherwise.

Contractor to include staff from the City and its program management and construction management teams for pull planning sessions while developing the overall project schedule If an alternative scheduling program is approved by the City, a description of the scheduling program shall be included in the Project Management Plan.

The Contractor shall review the Project Schedule with the City’s representative regularly and notify the City of potential schedule risks in a Risk Matrix developed by Contractor and approved by the City.

Contractor shall actively evaluate the schedule and identify schedule efficiencies. When schedule efficiencies are identified, Contractor shall recommend modifications to the schedule that would expedite Project completion including Preconstruction Phase.

G. COST CONTROL MANAGEMENT
As an initial task, the Contractor, shall review the Progressive-Design-Build budget and determine if it is sufficient to plan, design and construct the Project. a. The Contractor shall prepare a cost estimate and evaluate the estimate against the Progressive-Design-Build Budget and recommend a cost verification, once the building program and exterior upgrades are recognized.

The Contractor shall monitor the budget as compared to the Project scope throughout the Preconstruction and Progressive-Design-Build Phase.

Contractor shall recommend potential Project savings to the City. a. Recommendations for proposed savings shall be accompanied by a firm quote and shall include any applicable additional services required due to the changes, and any required changes to the schedule.
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b. Cost proposals for Project savings shall be as proposed by the Contractor and approved by the City. Acceptance of a suggested savings will be determined at the sole discretion of the City.

The Contractor shall establish target cost values for the components of the building in accordance with AACE format. Tracking of those values shall be reported in a format approved by the City.

If changes are suggested to the Project scope that may cause Project cost overruns, Contractor shall notify the City in writing as part of the regular project meetings.

Contractor shall make estimating information regularly available but no later than bi-weekly to the City so that the City can consider cost wherever possible throughout the planning, development, and design of the Project.
a. Cost Estimates will be required during preconstruction with detail consistent with that level of development defined by the Association of the Advancement of Cost Engineering (“AACE”) Cost Estimate Classification System. (Class 1 detailed unit cost with detailed take off)
b. The contractor shall submit cost estimates no less than every 8 weeks.

If the Contractor identifies potential cost overruns, Contractor shall notify the City as part of regular development and coordination meetings.

H. MEETINGS AND CONFERENCES
The meetings and conferences listed should be considered as minimum recommendations and convey the City’s interest in their content and purpose. The contractor should expand and modify as appropriate.

The Project Management Plan should clearly describe the processes and procedures to facilitate and encourage communications.

During the Preconstruction Phase, the Contractor shall provide in the Project Management Plan an outline for meetings and conferences, processes and procedures, and how they will be incorporated and utilized in the project.

Project Kick-off Conference: The objective of this meeting is to introduce the Project team members, confirm understandings, roles, responsibilities, schedules, emergency contacts, partnering, neighborhood awareness and outreach, and to review the procedural requirements of the Project as established by the contract requirements and the Project Management Plan. The Contractor will conduct the Project Kick-off Conference within fourteen (14) calendar days after the Notice to Proceed. It will be attended by the Contractor, the City’s Project team, including the Construction Project Manager, the Criteria Architect, and others as appropriate. The Contractor will, with input from the Construction Project Manager, prepare the agenda. The Contractor will prepare and distribute the meeting minutes no later than three (3) business days after the meeting is held. The City shall be a participant in all meetings
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Systems Confirmation / Basis of Design Conferences: The objective of these meetings is to review and affirm major building systems and identify design clarifications prior to development of the remaining construction documents. The Contractor will schedule the Systems Confirmation Meetings within thirty (30) calendar days of the Notice to Proceed.

Participants to include the Contractor and designated subcontractors, the City’s Project team, and others as appropriate. The Contractor will prepare the agenda with input from the City’s Project team and should include all major building systems, submittal processes and procedures, major materials selection, early lead times, and other issues as appropriate.

The Contractor shall prepare and distribute the minutes to the attendees and other as appropriate. Meeting minutes shall be distributed no later than three (3) business days after such meeting is held.

Design Meetings: the objective of these meetings is to proactively facilitate the Contractor’s liaison with the City’s project team and sub-consultants for the purposes of design discussion during construction document development, completion of design development and construction documents, and to establish a mutually acceptable review procedure.

These meetings are to be held at a mutually agreed upon location. Attendees shall include appropriate members of the contractor, City, and others, as appropriate. Contractor will prepare and distribute the agenda and minutes. Meetings will include an overview of the Contractor’s look ahead schedule. Meeting minutes distributed no later than three (3) business days after such meeting is held.

The Contractor shall conduct weekly progress meetings with the City. The objective of these meetings is to review and monitor progress, procedures, issues, schedules, and other concerns/issues of the project. Reference Project Criteria Volume 1 for more information.

The Contractor shall attend Materials Testing and Inspection meetings with the City, the City’s Construction Manager, and any other stakeholders to develop the materials and inspection requirements for the project.

Each month the Contractor shall attend a payment meeting with the City’s representative to agree on the percentage of the work completed during the current month to establish an amount to be requested in the Application for Payment.

Contractor shall attend meetings for each phase of work as required below.

Contractor shall keep and submit to the City meeting minutes for all Contractor lead meetings, in a format acceptable to the City.

I. DEMOLITION PACKAGE
The Contractor shall develop a demolition permit package including the hazardous material plan to be submitted to the local building department during the Preconstruction Phase.

J. PROJECT MANAGEMENT PLAN
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The Contractor shall arrange and conduct a Project Kick-off meeting, at a time and a place selected by the City’s Representative, to discuss procedures to be followed after NTP is issued. For more information refer to Project Criteria Volume 1. a. The purpose of the meeting will be to introduce the City’s key personnel and to review the contract provisions, develop the Project Management Plan (PMP), and any other items pertaining to the Project.

The PMP will describe the key process, preconstruction, communication procedures, administration, tracking, and maintenance of key project data, and other critical project information related to coordination and management of the Project.

During the Kick-off Meeting, the Contractor and the City shall identify all items that must be described and defined in the PMP and set deadlines to have those items adequately described by the Contractor, with any necessary supporting documentation. The PMP will, at a minimum, include or describe a process for the following:
a. Any requirement defined in this Exhibit A to be a part or associated with the PMP. b. Contact List
c. Communication Plan
d. Project Management Platform
e. Design Management Plan
f. Document Control
g. Submittal Schedule
h. Quality Assurance/Control Plan
i. Site Specific Safety Plan
j. Cost Management
k. Agency Having Jurisdiction Reviews, backchecks and approval The PDBE shall also include an overview and plan related to the Contractors approved Project Management Software. The Plan must, at a minimum, include or address the following:

Documentation software platform (software) which integrates and centralizes all visual documentation throughout the construction project. Indexing and navigation system which indexes and links photographic documentation to actual construction drawings (project plans) by both date and location. Software-integrated task management tool which supports task association to visual documentation and project plans Preview map or chart of the Project Management application and application tools deployed for the Project
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A summary of the Document Control Plan, including where and what files will be shared and available to other Project team members, with the Contractor and City.

Training Materials and information as required for City employees.

K. SITE INVESTIGATIONS
Contractor shall perform all site investigations, surveys, and studies to thoroughly verify all known site conditions, identify unknown conditions, and collect information and data necessary to develop the GMP for the Project.

Any destructive testing or exploration during the Preconstruction Phase will need to be patched and/or repaired to the original condition unless directed otherwise by the City.

Provide photo documentation of the original condition prior to the destructive investigation work.

L. SPACE PROGRAMMING
Contractor shall immediately prepare to start building on the programming contained in the Project Criteria Volumes 2 and 4. This effort is required to define the GMP. a. Contractor shall prepare a schedule of events, dates, and times to meet with the City, City representatives, and stakeholders outlining required participation by City staff.

This will be delivered to the City no later than 30 days after NTP. b. Contractor shall coordinate with the City to develop an Agenda and related project information, documentation, and tracking.

Consultant shall include a description of the activities, meetings, and information necessary to complete Programming for the Project in the PMP.

The Contractor shall hold as many meetings as necessary to complete Programming with stakeholders and City representatives.

Contractor shall work with the City’s Representative to identify all Project Stakeholders and their level of engagement for programming and design during preconstruction.

The City’s Representative shall support coordination with Project Stakeholders.

Contractor shall provide programming services to define, clarify and refine the project program that will best achieve the City’s needs, function, quality, performance, and to confirm the Progressive Design Build Budget and schedule.

Contractor shall hold meetings with the City, City representatives, consultants and Project Stakeholders as needed to develop a Project Program that is approved by the City. a. Stakeholder Interviews: Coordinate and perform all interviews of stakeholders as necessary to establish facility and program needs.
b. Contractor shall incorporate and implement Change Management, Telework Standards and the impacts to the program.
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Contractor shall be responsible for preparing a comprehensive space program, including but not limited to, detailed space requirements, room data sheets, blocking and stacking, special tenant requirements, and space plans.
a. Provide a spreadsheet listing all proposed program spaces, sizes of areas and rooms, and other square footages as compared to the Project Criteria. Deviations from the provided documents are to be clearly highlighted.
b. Provide a written description and necessary graphics showing assignable program space (ASF), outlining inclusions/exclusion for net departmental program space (NSF), and measure gross building area (GSF) including measurement method. i. All square footage calculations shall be sub-totalled per department, per agency, per floor, and per building.

M. DESIGN
Upon receipt of the NTP, the Contractor shall commence the design of the building systems and the preparation of the Construction Documents.

Contractor shall provide architectural, engineering, and consulting services as required to construct the Project in all details in accordance with good practice, applicable building codes, and the Project Criteria.

Contractor shall complete the programming and obtain final approval from the City.

Contractor shall provide a copy of agreements with architects, engineers, and consultants to the City.

The necessary design services shall be apportioned into the Preconstruction Phase to support the development of the GMP. Contractor shall manage the services provided so that the transition between phases is seamless. The design services may be provided under either or both contract phases and in many instances will be started in the Preconstruction Phase and completed in the Progressive-Design-Build Phase.

Contractor shall meet at least weekly with City, City representatives, and consultants and provide such information as necessary to inform City of the Project design status and obtain City input and approval regarding design issues. a. The Contractor shall be responsible for scheduling and coordinating the participation in these meetings.

Provide services to develop a final space program and prepare plan layouts to reflect the requirements of all Project Stakeholders and tenant departments.

Design Submissions
a. Contractor shall prepare Design Submissions to the level of development consistent with the guidelines provided in the Project Criteria.
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b. Contractor shall separately identify in writing at the time of each of its formal submissions of Design Documents, any portions thereof that by reason of information contained or omitted constitute deviations from the requirements of the Project Criteria, General Conditions, Project Program, design intent or approved deviations previously approved by City.
c. All Design Submissions shall be submitted in a format and file type approved by the City.
d. Specifications shall not contain restrictions that will limit competitive bids. Where articles, materials, and equipment are identified by brand names, at least two brand names shall be specified, and shall be followed by the words “or equal”. Exceptions shall only be as permitted by California Public Contract Code section 3400. e. Design Submissions shall be required to be submitted to the City at the stage of development described below. Construction Documents must be in full compliance with all applicable laws, building codes, ordinances, and other requirements by regulatory authorities.
f. Provide Basis of Design/Systems Confirmation
i. The contractor shall develop and provide a systems confirmation and Basis of Design Submittal with the City as soon as practical after the NTP of the preconstruction to validate the design direction and identify the final Basis of Design for the City’s review and approval. The System Confirmation and the Basis of Design shall be complete for all disciplines. These documents shall depict the materials, equipment, design, layout, and general conditions of each building system in sufficient detail to confirm compliance with the City provided references including but not limited to the Performance Criteria.
ii. Design Narrative should be developed with a description of the design approach for the project. Design approach should address the following topics: architectural composition of the interiors (including existing conditions), durable materials palette for interiors and exteriors; Mechanical, Electrical, Plumbing, Fire systems, sustainability, building envelope, and other design concepts. Design narrative may include diagrams, graphic illustrations, conceptual sketches, and ideas, exhibits, and photographic images.
g. Provide Design Documentation
i. Site Plan: Overall site plan including the size and locations of all proposed elements.

Provide plans showing the following site elements;
• Site outdoor furniture and bike racks
• Vehicle access and signage
• Types and pavement sections of hardscape, including paving or concrete work 790

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• Elements consistent with the Classic Mid Century Modern style • Offsite improvements
• Underground utilities
• Prepare Code Analysis Plans to show compliance with codes including CalGreen, accessibility, and the City of Los Banos.
ii. Floor Plans: Prepare floor plans of the renovated building. Plans are to indicate room names and square footages of rooms/areas.
• Prepare Code Analysis Plans to show compliance with codes. Include fire/ life safety analysis, fire rated assemblies, smoke control, accessibility, occupant load analysis for each floor indicating exiting analysis, floor occupant loading, number and width of existing stairs, travel distance, and all egress analysis including calculations as required for review and approval by local Planning and Building departments.
• Numerical breakdown of net square footage (NSF) to gross square footage (GSF) showing floor plate efficiencies
• Floor plans for all levels based on space programs. Detail flexibility of floor plates and show “future growth” arrangements.
• Enlarged room plans for clarity lobbies, stairs, elevator and restrooms showing dimensional clearances as necessary.
• Access control plans for ground floor to illustrate security and circulation. • Floor plans and ceiling plans shall include all building systems and structure as part of the GMP development.
• Furniture, fixtures, and equipment (FF&E) coordination. FF&E will be provided by the city and installed by the PDBE.
• Finishes
iii. Exterior Building Elevations and Sections: Showing all elevations of the Project.

Elevations are to denote major elements of the proposed Project and the quality and look of building materials. Demonstrate design consistency with Mid Century Modern style. Enlarged elevations of critical elements are encouraged. Include all exterior building characteristics, including but not limited to building form, surface materials, color, texture, and architectural detailing, with special emphasis on sustainability, maintainability and durability. Building section drawings should be provided to demonstrate that performance criteria for minimum vertical clearances and ceiling heights are coordinated with structural and mechanical systems. • Include a detailed rendering of building exterior skin (if modified) 791

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• Include elevations of proposed exterior skin mockups (if modified) • Include large scale details of curtainwall and material transitions (if modified) • Include preliminary structural calculations to substantiate that the proposed skin system is capable of withstanding the design loads specified. (if modified) iv. 3D Sketches/Renderings: Prepare 3D sketches/renderings with a combination of the building interior and exterior views. Include building characteristics, including but not limited to building form, surface materials, color, texture, and architectural detailing.
h. All submission of Construction Documents shall be subject to Design Review by the City, City representatives, and consultants.
i. Review meetings between the Contractor and the City to review the Design Submissions shall be scheduled and held so as not to delay the Work. Such review shall not relieve the Contractor from its responsibilities under the Agreement. ii. Such review shall not be deemed an approval or waiver by the City of any deviation from, or of the Contractor’s failure to comply with, any provision or requirement of the Contract Documents, unless such deviation or failure has been identified as such in writing in the document submitted by the Contractor and approved in writing by the City.
iii. Contractor must incorporate, clarify, or reconcile all design review comments provided by the City to the Contractor.

N. GMP (Awarded PDBE only)
The GMP proposal will include a written statement of its basis which shall include:
a. A list of all the documents used to prepare the GMP proposal. b. A list of clarifications and assumptions made by the contractor in preparation of the GMP to supplement the information in the Construction documents c. A detailed breakdown of all Project costs included in the GMP in a format and level of detail approved by the City.
d. Any other information required by the City to define or evaluate the GMP. e. The GMP shall be organized by trade buy out categories, contingencies, and other items that comprise the GMP.
f. The date of contract completion which the GMP is based, and a schedule of the construction documents issuance upon which the completion date is based. g. Price breakdown of the contractor’s fee items including:
i. General Conditions
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