CG 20 33 12 19 Policy Number: 9186668 Transaction Effective Date: 10/10/2024
340
COMMERCIAL GENERAL LIABILITY
CG 24 53 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US (WAIVER OF SUBROGATION) -
AUTOMATIC
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
ELECTRONIC DATA LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES
POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
RAILROAD PROTECTIVE LIABILITY COVERAGE PART
UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS
The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of Section
IV - Conditions:
We waive any right of recovery against any person or
organization, because of any payment we make under
this Coverage Part, to whom the insured has waived
its right of recovery in a written contract or
agreement. Such waiver by us applies only to the
extent that the insured has waived its right of recovery against such person or organization prior to loss.
© Insurance Services Office, Inc., 2018 Page 1 of 1
CG 24 53 12 19 Policy Number: 9186668 Transaction Effective Date: 10/10/2024
341
POLICY NUMBER: 9186668 COMMERCIAL GENERAL LIABILITY
CG 25 03 05 09
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Designated Construction Project(s):
Each construction project as required by written contract or written agreement.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. For all sums which the insured becomes legally
obligated to pay as damages caused by
"occurrences" under Section I - Coverage A, and
for all medical expenses caused by accidents
under Section I - Coverage C, which can be
attributed only to ongoing operations at a single
designated construction project shown in the
Schedule above:
1. A separate Designated Construction Project
General Aggregate Limit applies to each
designated construction project, and that limit
is equal to the amount of the General
Aggregate Limit shown in the Declarations.
2. The Designated Construction Project General
Aggregate Limit is the most we will pay for the
sum of all damages under Coverage A, except
damages because of "bodily injury" or
"property damage" included in the "productscompleted operations hazard", and for medical expenses under Coverage C regardless of the
number of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims
or bringing "suits".
3. Any payments made under Coverage A for
damages or under Coverage C for medical
expenses shall reduce the Designated
Construction Project General Aggregate Limit
for that designated construction project. Such
payments shall not reduce the General
Aggregate Limit shown in the Declarations nor
shall they reduce any other Designated
Construction Project General Aggregate Limit
for any other designated construction project
shown in the Schedule above.
4. The limits shown in the Declarations for Each
Occurrence, Damage To Premises Rented To
You and Medical Expense continue to apply.
However, instead of being subject to the
General Aggregate Limit shown in the
Declarations, such limits will be subject to the
applicable Designated Construction Project
General Aggregate Limit.
CG 25 03 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 2
342
B. For all sums which the insured becomes legally
obligated to pay as damages caused by
"occurrences" under Section I - Coverage A, and
for all medical expenses caused by accidents
under Section I - Coverage C, which cannot be
attributed only to ongoing operations at a single
designated construction project shown in the
Schedule above:
1. Any payments made under Coverage A for
damages or under Coverage C for medical
expenses shall reduce the amount available
under the General Aggregate Limit or the
Products-completed Operations Aggregate
Limit, whichever is applicable; and
2. Such payments shall not reduce any
Designated Construction Project General
Aggregate Limit.
C. When coverage for liability arising out of the
"products-completed operations hazard" is
provided, any payments for damages because of
"bodily injury" or "property damage" included in
the "products-completed operations hazard" will
reduce the Products-completed Operations
Aggregate Limit, and not reduce the General
Aggregate Limit nor the Designated Construction
Project General Aggregate Limit.
D. If the applicable designated construction project
has been abandoned, delayed, or abandoned and
then restarted, or if the authorized contracting
parties deviate from plans, blueprints, designs,
specifications or timetables, the project will still
be deemed to be the same construction project.
E. The provisions of Section III - Limits Of Insurance
not otherwise modified by this endorsement shall
continue to apply as stipulated.
343
THIS PAGE IS INTENTIONALLY LEFT BLANK
344
AMENDMENT NO. 1
AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES
[RONNYS INC.]
THIS AMENDMENT NO. 1 TO LANDSCAPE MAINTENANCE SERVICES
AGREEMENT, is made and entered into by and between the CITY OF LOS BANOS, a California Municipal corporation, herein referred to as "City", and RONNYS INC., a California corporation, whose address is 1251 Badger Flat Road, Los Banos, California 93635, herein referred to as "Contractor".
RECITALS
WHEREAS, City and Contractor entered into a Landscape Maintenance Services Agreement, dated June 5, 2023, herein referred to as "Agreement" wherein Contractor agreed to perform specified city wide landscaping maintenance services in accordance with the terms of said Agreement; and
WHEREAS, the parties now wish to amend the Agreement to add additional locations to the Schedule of Services and to add additional Compensation for those additional locations as set forth herein.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. Section 3.2.2 Schedule of Services. The Schedule of Services set forth in Exhibit "B" of the Agreement is amended to add nineteen (19) additional locations. The amended Exhibit "8" of the Agreement is attached hereto and incorporated herein by reference.
2. Section 3.3.1 Compensation of the Agreement is amended as follows:
"Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement in accordance with the amended Exhibit "B" attached hereto and incorporated herein by reference. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement."
3. Except as expressly amended, all other terms and conditions of the Agreement shall remain in full force and effect. This Amendment No. 1 shall be effective upon execution of the parties to this Agreement.
345
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to be executed and attested by their respective officers hereunto duly authorized.
RONNYS INC. a California corporation
Date : \(- ~~ 'i ~ ~&vcv-«=-e L
by: RONNY NAVARRO, CEO
CITY OF LOS BANOS, a California
Date: 3/-i7/2-t
ATTEST:
CITY CLERK
~i-~
Lucille L. Mallonee, City Clerk
APPROVED AS TO FORM:
346
AMENDED EXHIBIT "B"
347
General Fund Locations
Location ID: I Location Description: I Estimated Acreage: I Location Type: I BMonTthItY ase o a: 1 CX1: AG Sports Complex 8.58 Complex $ 703.56
CX2: 7th St. Ballfields 5.92 Complex $ 331.52
CX3: Colorado Ballpark 9.33 Complex $ 839.70
PK1 : Community Center 4.31 Park $ 797.35
PK2: Skylark Park 1.27 Park $ 693.42
PK25: Davis Park 0.70 Park $ 186.03
PK26: City Park 1.03 Park $ 232.78
PK27: Henrv Miller Plaza 2.63 Park $ 802.15
PK28: Catholic Park 0.26 Park $ 135.97
PK29: Big Page Park 1.24 Park $ 298.84
PK31: Airport Park 0.33 Park $ 140.91
PK32: Wolfsen Green Space 2.46 Park $ 179.58
PK33: Flaocole Park 0.61 Park $ 241.79
PK34: Pacheco Park 6.02 Park $1,137.78
PK35: Little Paae Park 0.18 Park $ 104.98
PK35: Presidential Park 0.43 Park $ 105.04
PK38: Gardens I Park 0.76 Park $ 276.00
PK49: Fire Station Training Tower 0.82 Park $ 133.45
PK50: Animal Shelter 0.15 Park $ 221.38
PK51 : Police Annex 0.01 Park $ 150.00
PK52: 7th St. Basketball Courts 0.32 Park $ 125.00
PK53: New Police Station 1.53 Park $ 1,550.00
PL 1: Del Rio Dr. Wall Planter 1.10 Planter $ 187.51
PL 139: I St. Median 0.04 Planter $ 38.00
PL 140: Downtown Entry Sions 0,00 Planter $ 89.00
PL141 : Miller and Lux I St. Parking Lot 0.29 Planter $ 66.92 PL 141 : Fire Station No. 1 1.68 Park $ 287.28
PL 142: Citv Hall Landscape 0.43 Park $ 372.82
PL142: J St. Parkina Lot 0.33 Planter $ 60.13
PL143: Police Station 0.30 Park $ 366.93
PL 143: J St. and 7th St. ParkinQ ot 0.40 Planter $ 51 .20 PL 144: Lindemann Trail 6.11 Planter $ 543.79
PL145: Fire Station No. 2 4.31 Park $ 142.23
PL 145: 11 and Page Extensions Trail 0.84 Planter $ 79.80 PL 147: HG Fawcett Canal Trail 15.68 Planter $1,113.56
PL 148: Rail Trail Extensions 6.59 Planter $ 428.35
PL 149: 5th St. Ria ht of Wav 0.02 Planter $ 67.00
PL 156: H St. Right of Way 0.14 Planter $ 216.60
PL3: Mercev Sorinas Allev 0.32 Planter $ 167.06
PL37: Highway 152 Right of Way 0.86 Planter $ 558.14
PL38: Miller Lane Tree Wells 0.24 Planter $ 28.08
Annual Total:
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
8,442.72
3,978.24
10,076.40
9,568.20
8,321.04
2,232.36
2,793.36
9,625.80
1,631.65
3,586.08
1,690.92
2,154.96
2,901.53
13,653.36
1,259.76
1,260.50
3,312.01
1,601.40
2,656.56
1,800.00
1,500.00
18,600.00
2,250.12
455.99
1,068.00
803.09
~
4,403.16
614.
6,525.48
1,706.76
957.60
13,362.77
5,140.20
804.00
2,599.20
2,004.71
6,697.73
Total Bid 1: Total Bid: 2:
$ 497.64 $ 2,453.88
$ 343.36 $ 1,693.12
$ 541.14 $ 2,668.38
$ 249.98 $ 1,232.66
$ 73.66 $ 363.22
$ 40.72 $ 200.77
$ 59.74 $ 294.58
$ 152.54 $ 752.18
$ 15.25 $ 75.22
$ 71 .92 $ 354.64
$ 19.14 $ 94.38
$ 142.68 $ 703.56
$ 35.15 $ 173.32
$ 349.16 $ 1,721.72
$ 10.50 $ 51.77
$ 24.77 $ 122.12
$ 43.85 $ 216.22
N/A NIA
$ 8.70 $ 42.90
N/A N/A
N/A N/A
NIA N/A
I$ nill I $ 480.48 l 1 s 25.os 1 1 $ 123.55 1
I N/A l
$ 249.98 $ 1,232.66 I
348
General Fund Locations
PL4: Mercey Springs Rd. Oleanders 0.29 Planter $ 983.10 $ PL41: South Side B St. Corner 0.35 Planter $ 79.00 $
PL64: Willmott North Wall Planter 0.49 Planter $ 242.00 $ PL65: Willmott Trees South Right of Way 0.26 Planter $ 298.12 PL66: Frank St. Right of Way 0.17 Planter $ 96.02 $ 1,152.18 PL67: San Juan Corp Yard 0.37 Park $ 219.83 $ 2,638.00
owntown Bench Area 0.07 Planter $ 130.02 $ 1,560.19
PL70: 7th St. Basketball Court Landscape 0.02 Planter $ 67.01 $ 804.10 PL75: Madison Corp Yard 2.78 Park $ 250.20 $ 3,002.
L75: Pacheco Hwy Median 0.04 Planter $ 64.00 $ 768.01
PL78: Cemetarv Oleanders 0.17 Planter $ 64.01 $ 768.10
Total Base Monthly Amount: $ 16,744.94
Total Base Annual Amount: $ 200,939.30
Total Bid 1 Amount: $ 3,052.37
Total Bid 2 Amount: $ 15,051.32
Grand Total Amount: $ 219,042.98
349
District 1 Locations
Location ID: Location Description: Estimated Acreage: Location Type: Monthly Base Total: I Annual Total; I Total Bid 1: I Total Bid: 2:
PK17: Vineyard B Basin Park 8.95 Park $ 647.98 $ 7,775.76 T $ 519.10 PK18: Vineyard A Basin Park 6.07 Park $ 541.02 $ 6,492.23 J $ 352.06 PK19: Vineyard C Basin Park 8,58 Park $ 598.03 $ 7,176.31 PK20: Ranchwood Park 4.55 Park $ 850.99 $ 10 211.84
PL46: Vineyard Dr. North Rioht of Ways 0.74 Planter $ 376.00 $ 4 512.04 PL47: Vineyard Dr. South Ri!lht of Wavs 0.81 Planter $ 246.00 $ 2,951.97 PL48: Vineyard Dr. Medians 1.36 Planter $ 133.01 $ 1,596.06 PL49: North Stonewood Medians 0.34 Planter $ 129.00 $ 1,548.01 PL50: Marsala Wall Planter 0.30 Planter $ 78.00 $ 935.98 PL51: North Stonewood Medians 0.54 Planter $ 259.00 $ 3 108.00 PL52: Ranchwood Median 0.01 Planter $ 138.00 $ 1,656.00 PL53: Cottonwood Median 0.03 Planter $ 107.00 $ 1 284.00 PL54: Cabemev Median 0.03 Planter $ 82.00 $ 984.00
PL55: Nantes Median 0.05 Planter $ 446.00 $ 5,352.00
PL56: SterlinQ Median 0.02 Planter $ 69.00 $ 828.
PL57: Birchwood Median 0.04 Planter $ 64,00 $ 768.00
PL58: Nantes Ave. East Rioht of Wav 1.32 Planter $ 211.00 $ 2 531.98 PL59: Nantes Ave. West Rioht of Wav 0.59 Planter $ 380.00 $ 4,560.00 PL60: Santa Barbara St. Rioht of Way 0.32 Planter $ 194.00 $ 2,328.00 PL61: Overland Ave. North Right of Wav 0.67 Planter $ 380.00 $ 4,560.01 Total Base Monthly Amount: $ 5,930.02
Total Base Annual Amount: $ 71,160.20
Total Bid 1 Amount: $ 1,632.70
Total Bid 2 Amount: $ 8,050.90
Grand Total Amount: $ 80,843.80
350
District 2 Locations
Location ID: I Location Description: I Estimated Acreage: I Location Type: Monthly Base Total:
PK36: ICresthills Park I 4.66IPark
PL 76: I Pioneer Wall Planter I 0.08 I Planter
PL77: !Center Rd. Wall Planter I 0.08 IPlanter
Total Base Monthly Amount:
Total Base Annual Amount:
Total Bid 1 Amount:
Total Bid 2 Amount:
Grand Total Amount:
$
$
$
$
$
804.00
9,648.05
270.28
1,332.76
11,251.09
$ 468.00
$ 254.00
$ 82.00
Annual Total: Total Bid 1: I Total Bid: 2:
$ 5,616.05 $ 270.28 I$ 1,332.76
$ 3,048.
$ 984.
351
Location ID: Location Description: Estimated Acreage:
7: Gardens V Basin Park
9: Gardens Ill Park
PL80: 0.13
PL81: Poplar Ave. 1<1gnt or ways 0.11
PL82: M 0.04
PL87: Ort1Qal1ta K.1gnt ot ways 0.29
PL133: Cardoza Rd. Riciht of Wa 0.06
PL154: 0.10
Total Base Monthly Amount: $ 2,668.83
Total Base Annual Amount: $ 32,025.98
Total Bid 1 Amount: $ 970.57
Total Bid 2 Amount: $ 4,785.92
Grand Total Amount: $ 37,782.47
District 3 Locations
Location Type: I Monthly Base
Total:
k $ 867.93
k $ 394.00
,ter $ 346.00
Planter $ 346.00
Planter $ 69.00
Planter $ 155.00
Planter $ 146.00
Planter $ 146.00
Planter $ 198.90
Annual Total: Total Bid 1: Total Bid: 2:
o I $ 920.46 I $ 4,538.82 I . -□ . . . . ·- ..
$
$
$
$
$
$
$ oo.80
352
District 4 Locations
Location ID: I Location Description: Estimated Acreage: Location Type: Monthly Base Total: Annual I Tot~I: Bid I Total Bid: 2:
Total:
PK16: Colleoe Greens Park 5.07 Park $ 479.01 $ 5,748.16 PL43: North De Anza Way Right of Way 1.68 Planter $ 242.01 $ 2 904.09 PL44: South De Anza Way Right of way 1.19 Planter $ 242.00 $ 2,903.97 PL45: Place Rd. Planter 0.04 Planter $ 231.00 $ 2,772.00 PL 155: De Anza Way Median 0.01 3 Planter $ 11 7.00 $ 1,404.00 Total Base Monthly Amount: $ 1,311 .02
Total Base Annual Amount: $ 15,732.22
Total Bid 1 Amount: $ 294.06
Total Bid 2 Amount: $ 1,450.02
Grand Total Amount: $ 17,476.30
353
District 5 Locations
Location ID: I Location Description: I Estimated Acreage: I Location Type: I Moni~la~ase Annual Total: Total Bid 1: Total Bid: 2:
PK21: Citrus I Park 0.30 Park $ 192.00 $ 2,304.02 $ 17.28 $ 85.23 PK22: Citrus II Park 2.40 Park $ 535.01 $ 6,420.10 $ 139.20 $ 686.40 PK23: Orchard Terrace 1.17 Park $ 338.00 $ 4,056.02 $ 67.86 $ 334.62 PL62: Overland Ave. South Rioht of Wav 0.26 Planter $ 367.00 $ 4,404.( PL63: Sunburst Ct. Right of Ways 0.38 Planter $ 185.00 $ 2,220.02 Total Base Monthly Amount: $ 1,617.01
Total Base Annual Amount: $ 19,404.14
Total Bid 1 Amount: $ 224.34
Total Bid 2 Amount: $ 1,106.25
Grand Total Amount: $ 20,734.74
354
District 6 Locations
Monthly
Location ID: I Location Description: I Estimated Acreage: I Location Type: I Base Total:
Annual
Total:
r 0.19IPlanter $ 104.oo I $ 1,248.oo
Total Base Monthly Amount:
Total Base Annual Amount:
Total Bid 1 Amount:
Total Bid 2 Amount:
Grand Total Amount:
$
$
$
$
$
104.00
1,248.00
1,248.00
Total Bid !Total Bid:
1: 2:
355
Location ID:
PL40:
PL42:
Total Base Monthly Amount:
Total Base Annual Amount:
Total Bid 1 Amount:
Total Bid 2 Amount:
Grand Total Amount:
Location Description:
Wisteria Ave. Wall Planters
North Side B St. Planter
$
$
$
$
$
275.00
3,300.01
3,300.01
District 7 Locations
Estimated Acreage: I Location Type: I Monthly Base Total: I Annual Total: I Total Bid 1: I Total Bid: 2:
$ 0.06 I Planter t 193.oo I l_____l,316.00
$ 0.37 I Planter $ 82.00 I $ 984.01
356
Location ID: Location Description:
PK6: Jo Lin Basin Park
PK13: Dos Amic::ios Green Strips
PK14: Rancho Dos Amigos Park
PL26: ard Rd.
PL27: eenbriar Media
PL28: ard Rd. East Medians
PL29: Park Place Median
PL30: Park Warren Med·
PL151: Canal Farm Ln. Right of Wa
Ward Rd. K1Qnt ot wavs
PL 160: E. Pacheco Blvd. Right of Wavs
Total Base Monthly Amount:
Total Base Annual Amount:
Total Bid 1 Amount:
Total Bid 2 Amount:
Grand Total Amount:
District 9 Locations
Estimated
Acreage: Location Type:
4.17 IPark
1.821Park
0.62 IPark
0.05 I Planter
0.12 I Planter
0.26 I Planter
$ 2,604.12
$ 31,249.43
$ 383.61
$ 1,891.60
$ 33,524.64
Monthly Base
Total: Annual Total:
$
$
$
$
$
$
$
$
428.01 I $
423.01 I $
321.00 I $
289.00
.~0
42.00 69.00 I $
60.00 I $
144.50 I $
176.40 I $
367.20 I $
5,136.11 I $
5,076.11 I $
3,924.oo I$
,467.
36. ,90,.
828.00
720.00
Total Bid 1: Total Bid: 2:
241.86 I $ 1,192.62
105.73 I $ 521.38
36.02 I$ 177.61
357
District 10 Locations
Location ID: Location Description: Estimated Location Type: Monthly Base Annual Total: I Total Bid 1: I Total Bid: 2: Acreage: Total:
PL 134: Hi11hwav 152 South Ri 11 ht of Wa 0.37 Planter $ 285.00 $ 3,419.9 PL136: Badger Flat Rd. Median 0.07 Planter $ 60.00 $ 720.00 PL137: Badoer Flat Rd. East Ri 0.09 Planter $ 103.00 $ 1,236.00 PL 138: 0.11 Planter _$ _ _ 99.00_ . $ _ 1, 188.00
Total Base Monthly Amount: $ 547.00
Total Base Annual Amount: $ 6,563.99
Total Bid 1 Amount: $
Total Bid 2 Amount: $
Grand Total Amount: $ 6,563.99
358
District 11 Locations
Location ID: I Location Description: . . Monthly Base I Estimated Acreage: l Location Type: I Total: Annual Total: Total Bid 1: Total Bid: 2:
PK7: Veterans Park 2.16 Park $ 665.00 $ 7,979.99 $ 125.28 $ 617.76 PK8: Meadowlands Basin 24.40 Park $ 1,634.07 $ 19,608.82 $ 1,415.20 $ 6,978.40 PK9: Meadowlands I Park 0.62 Park $ 181.00 $ 2,171.96 $ 35.79 $ 176.46 PK10: Meadowlands II Park 4.38 Park $ 737.99 $ 8,855.83 $ 254.04 $ PK11: Meadowlands Ill Park 3.44 Park $ 1,267.98 $ 15,215.81 $ 199.52 $ PK12: Meadowlands Courtvard 1.01 Park $ 627.00 $ 7,523.97 $ 58.58 $ PL21: Overland Dr. South Planter 0.27 Planter $ 341.00 $ 4,091.99 PL22: Ward Rd. West Planter 0.20 Planter $ 177.00 $ 2,124.01 PL24: Ward Rd. Center Median 0.39 Planter $ 87.00 $ 1,044.02 PL25: Ward Rd. Center Medians 0.83 Planter $ 87.00 $ 1 044.03 PL31: Ward Rd. West Rici ht of wav 0.65 Planter $ 168.00 $ 2,016.00 PL32: North San Luis St. Riaht of Wav 1.94 Planter $ 523.01 $ 6,276.11 PL33: South San Luis St. Right of Way 1.53 Planter $ 484.00 $ 5,808.00 PL34: San Luis Medians 0.18 Planter $ 373.00 $ 4,476.00 PL35: Snow Goose Dr. Medians 0.02 Planter $ 107.00 $ 1,284.00 PL36: Snow Goose Dr. Riciht of Way 0.07 Planter $ 112.00 $ 1,344.00 IPL 167: Fallbrook Dr. Median 0.02 Planter $ 82.00 $ 984.00 IPL157: Ward Rd. Ria ht of Wavs $ 0.12 Planter $ 166.40 $ 1,996.80 PL 158: N. Creekside Dr. Rio ht of Wav $ 0.03 Planter $ 73.10 $ 877.20 PL 161: North Overland and Ward Rd. $ 0.10 Planter $ 350.00 $ 4,200.00 PL 163: Ward Rd. Right of Ways ! 0.34 Planter $ 750.00 $ 9,000.00 Total Base Monthly Amount: $ 8,993.55
Total Base Annual Amount: $ 107,922.55
Total Bid 1 Amount: $ 2,088.41
Total Bid 2 Amount: $ 10,298.00
Grand Total Amount: $ 120,308.96
359
Location ID: Location Description:
PK5: Verona Basin Park
PL16: Mission Dr. Riqht of Wa
PL17: Place Rd. Planter
PL18: Palermo Right of Wa
PL19: Place Rd. Median
B St. Planter
PL23: w
PL39: B St. Planter
Total Base Monthly Amount:
Total Base Annual Amount:
Total Bid 1 Amount:
Total Bid 2 Amount:
Grand Total Amount:
District 12 Locations
Estimated Acreage: I Location Type: I Mo~~~l~ase I Annual Total: I Total Bid 1: I Total Bid: 2:
$
$
$
$
$
6.75 0.03
0.46 0.02
0.12 0.80
3,526.03
42,312.30
391.50
1,930.50
44,634.30
Park
Planter
Planter
Planter
Planter
Planter
lant,
$ 704.0
$ 519.00
-
- $ 8,448.30 1
$ 6,228.00 1
I $ 391.so $ 1,930.50 I
$ 237.00
$ 134.00
$ 2,844.02 II
$ 1,6oa.oo I
$ 133.00 $ 1,596.00
$ 480.00
00 $ 10,956.00
06.00 $ 4,871.99
360
Location ID: Location Description:
PL12: Overland North Wall Planter
PL13: Overland South Wall Planter
Total Base Monthly Amount:
Total Base Annual Amount:
Total Bid 1 Amount:
Total Bid 2 Amount:
Grand Total Amount:
District 13 Locations
Estimated Acreage: . Monthly Base
Location Type: I Total: I Annual Total:
$
$
$
$
$
0.18 I Planter
0.21 I Planter
809.00
9,708.00
9,708.00
$ 424.00 I $ 5,088.00
$ 385.oo I $ 4,619.99
Total Bid 1: Total Bid: 2:
361
Location ID: Location Description:
PK2
PK3
PK4:
PL7:
PL6:
PL8:
PL9: er
10: ter
PL 11:
PL14: Overland North Wall Planter
PL5 Dove St. North Riqht of Ways
PL 15: Overland South Wall Planter
Total Base Monthly Amount:
Total Base Annual Amount:
Total Bid 1 Amount:
Total Bid 2 Amount:
Grand Total Amount:
District 14 Locations
Estimated Acreage: I Location Type:
.15 Park
0.48 Park
4.98 Park
.63 Planter
0.05 Planter
0.44 Planter
0.39 Planter
1.20 Planter
0.44 Planter
0.46 Planter
1ter
$ 2,853.00
$ 34,236.02
$ 673.26
$ 3,319.89
$ 38,229.17
$
$
$
$
$
$
$
$
$
$
$
$
Monthly Base
Total:
406.02
202.00
726.98
104.00
146.00
129.00
155.00
146.00
515.00
86,00
146.00
91.00 Annual Total: I Total Bid 1: I Total Bid: 2:
$ 4,872.28 $ 356.70 $ 1,758.90
$ 2,423.98 $ 27.72 $ 136.71
$ 8,723.76 $ 288.84 $ 1,424.28
$ 1,248.02
$ 1,752.00
$ 1,548.00
$ 1,
$ 1,752.00
$ 6,179.99
$ 1,032.(
$ 1,752.01
$ 1,091.99
362
Location ID: Location Description:
PL83: Ortigalita and Birch Wall Planters
PL84: Birch Ave. Right of w
PL85: Birch Median
PL86: Ortigalita Right of Wa
Total Base Monthly Amount:
Total Base Annual Amount:
Total Bid 1 Amount:
Total Bid 2 Amount:
Grand Total Amount:
District 15 Locations
Estimated Acreage: I Location Type: Monthly Base
Total:
$
$
$
$
$
0.15 0.05
0.04 0.08
518.00
6,216.00
6,216.00
Planter $ 190.01
Planter $ 146.00
Planter $ 100.00
Planter $ 82.00
Annual Total: Total Bid 1: Total Bid: 2:
$
$
$
363
Location ID: Location Description:
PL71: H St. Medians
PL72: H St. Right of Wa
L73: Colorado Ave. Right of
PL74: Watt Dr. Wall Planter
Total Base Monthly Amount:
Total Base Annual Amount:
Total Bid 1 Amount:
Total Bid 2 Amount:
Grand Total Amount:
District 16 Locations
Estimated Acreage: I Location Type: Monthly Base
Total:
$
$
$
$
$
0.07 I Planter
0.17 IPIanter
lanter
0.19IP1anter
426.00
5,112.00
5,112.00
$ 138.00
$ 120.00
$ 104.00
$ 64.00
Annual Total: Total Bid 1: Total Bid: 2:
$
$
$
$
364
Location ID: I Location Description:
K24: Oliveira Courtyard
K30: Neighborhood Park
PK40: Village Park
PL100: Fox Tail Lane Riaht of Wavs
PL101: Burlev Ln. Riaht of Wavs
PL102: Badaer Flat West Riaht of Ways
PL 103: Badqer Flat East Ria ht of Ways
PL 104: Travertine Way North Riaht of Ways
PL 105: Travertine Wav South Riaht of Wavs
PL 106: Travertine West Median
PL107: Travertine East Median
PL 108: Badaer Flat Rd. North Median
PL109: Badaer Flat Rd. South Median
PL110: Burlev Ln. Medians
PL 111: Limestone Blvd. West Riaht of Ways
PL 112: Limestone Blvd. East Riaht of Wavs
PL 113: Larimar Wav North Riaht of Ways
PL114: Larimar Wav South Riaht of wavs
PL 115: Ortigalita Rd. West Riaht of Ways
PL 116: Gabbro Wav Ria ht of Ways
PL 117: Gabbro Way Median
IPL 118: Church Rd. Median
IPL119: Thistle Ln. Medians
PL 120: Church Rd. North Rioht of Ways
PL 121: Church Rd. South Riaht of Ways
PL122: Thistle Ln. North Riqht of Ways
PL123: Thistle Ln. South Right of Ways
PL 124: Bermuda Ln. Median
PL 125: Badger Flat Rd. Circle Median
PL 126: Bermuda Ln. Ria ht of Way
PL 127: Prairie Sorinas Dr. South Median
PL 128: Prairie Sorinas Dr. North Median
PL 129: Stonecreek Blvd. East Rioht of Ways
PL 130: Prairie Sorin as Dr. South Ria ht of Ways
PL 131: Woodland Ct. Rioht of Ways
PL 132: Woodland Ct. Median
PL 135: Hiahwav 152 South Rioht of Ways
PL88: Wildrve Ave. Circle
PL89: LandinQ Way Median
PL90: Limestone Medians
PL91: Cardoza Rd. North Riaht of Ways
District 17 Locations
. . Monthly Base I Estimated Acreage: I Location Type: I Total: Annual Total:
,lex ~
0.96 Park $
0.54 Park $
0.55 Park $
0.05 Planter $
0.12 Planter $
0.92 Planter $
0.54 Planter $
0.17 Planter $
0.61 Planter $
0.03 Planter $
0.03 Planter $
0.16 Planter $
0.17 Planter $
0.05 Planter $
0.21 Planter $
0.23 Planter $
O.Q7 Planter $
0.05 Planter $
0.38 Planter $
0.07 Planter $
0.04 Planter $
0.05 Planter $
0.06 Planter $
0.89 Planter $
0.67 Planter
0.04 Planter
0.05 Planter $
0.04 Planter $
0.24 Planter $
0.02 Planter $
0.05 Planter $
0.02 Planter $
0.38 Planter $
0.38 Planter $
0.06 Planter $
0.03 Planter $
0.74 Planter $
0.03 Planter $
0.04 Planter $
0.13 Planter $
1.58 Planter $
884.64
432.90
328.86
329.04
79.01 99.95
433.30
391.13
178.01
203.85
100.01
100.01
141.99
266.92
79.00 141.93
194.09
100.03
79.01 328.90
99.97 79.00
79.02 99.99
267.31
121.00
90.00 391.07
100.00
100.01
79.00 276.86
329.00
99.99 79.00
79.02 78.99
142.04
329.06
$ 10,615.68
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
5,194.80
3,946.32
048,,
0 48.08
'1 tic
""'-c
00.0 00.0
03.8,,
0'J QC
D.t17 OCJ
1,703.21
2,329.07
1,200.34
948.10
3,946.82
1,199.69
948.00
948.28
1,199.90
3,207.67
3,202.85
1,451.89
1,452.05
1,080.00
"ti92.8c
1,,
1,200.13
948.00
3,322.,
3,947.96
1,199.88
947.95
3,946.26
948.19
947.89
1,704.53
3,948.67
Total Bid 1: Total Bid: 2:
$ 450.08 $ 2,219.36
$ 55.80 $ 275.13
$ 3 1.32 I $
365
District 17 Locations
L92: Landing Way Right of Ways 0.11 Planter $ 100.01 $ 1, L93: Limestone Blvd. Right of Way 0.04 Planter $ 121.00 $ 1, L94: Cardoza Rd. South Right of Ways 0.46 Planter $ 328.90 $ PL95: Cardoza Rd. West Right of Ways 0.41 Planter $ 433.19 $ 5,198 PL96: Cardoza Rd. East Riaht of Wavs 0.40 Planter $ 381.05 $ 4,572 PL97: Cardoza Rd. East Circle Median 0.06 Planter $ 79.02 $ 948 PL98: Cardoza Rd. South Circle Median 0.14 Planter $ 111.02 $ 1, Cardoza Rd. South Foxtail Median 0.02 Planter $ 121.00 $ 1 150: Woodbrush Ave. Right of Ways 0.07 Planter $ 140.00 $ 1, PL 152: Dewberry Ct. Planter 0.07 Planter $ 117.00 $ 1.404.
PL 153: Ortigalita Rd. Right of Wa y 0.39 Planter $ 334.93 $ 4,019.1 PL162: North Prairie Sprinqs Dr. Ri,1ht of Wav 0.44 Planter $ 336.72 $ 4,040.6 Total Base Monthly Amount: $ 11,133.47
Total Base Annual Amount: $ 133,601.66
Total Bid 1 Amount: $ 569.27
Total Bid 2 Amount: $ 2,807.09
Grand Total Amount: $ 136,978.02
366
Location ID: I Location Description:
PL 152: Rail Trail Corridor
PL68: Rail Trail Median 7th St.
Total Base Monthly Amount:
Total Base Annual Amount:
Total Bid 1 Amount:
Total Bid 2 Amount:
Grand Total Amount:
District 18 Locations
Estimated Acreage: I Location Type:
$
$
$
$
$
er
0.071Planter
785.98
9,431.77
9,431.77
$
Monthly Base
Total: Annual Total:
,~59.77
406.00 I $ 4,872.00
Total Bid 1: Total Bid: 2:
367
District 19 Locations
. .
Location ID: Location Description: Estimated Acreage: Location Type: Monthly Base Annual Total: Total Bid 1: Total Bid: 2: Total:
PK15: Talbott Basin Park 9.19 Park $ 855.04 $ 10,260.45 $ 533.02 $ 2,628.34 Total Base Monthly Amount: $ 855.04
Total Base Annual Amount: $ 10,260.45
Total Bid 1 Amount: $ 533.02
Total Bid 2 Amount: $ 2,628.34
Grand Total Amount: $ 13,421.81
368
LB
RONNYS
1251 BADGER FLAT RD
LOS BANOS, CA 93635
(209) 827-9858
LI
CITY OF LOS BANOS
411 MADISON AVE.
LOS BANOS, CA 93635
LANDSCAPE MAINTENANCE
GENERAL FUND
PK49
PK49: FIRE STATION TRAINING TOWER 0.819 ACRES (FIRE STATION TRAINING TOWER SPACE) Signature Pura Vida! ronny®ronnysinc.com
Estimate
Total
15896
7/31/23
Terms
Net30
133.45
$133.45
Payment is due within net days allotted after invoice is received or upon job completion. If customer fails to make payment when due, customer agrees to pay Ronnys Inc. late charges at the rate of eighteen percent per annum on all past due, unpaid amounts. If for any reason the rate of eighteen percent is found to be unenforceable, customer agrees to pay Ronnys Inc. late charges at the maximum rate then permitted by California law. Customer also agrees to pay Ronnys Inc. reasonable attorneys' fees, legal fees, professional service fees and any other costs incurred to recover amounts not paid when due. Customer agrees to make payment hereunder to Ronnys Inc. at its principal place of business, 1251 Badger Flat Rd., Los Banos, CA 93635 Certified Arborist, Contractor# 809197, classes: C6 !/D49 Tree, C-8 concreter, C-27 landscape & C-13 fencing. Certified irrigation technician, certified backflow tester, certified qualify chemical applicator and certified compost technician. General liability, Commercial auto & workers comp insured. In compliance with business laws & regulations for USA, CA, Merced county, Los Banos City & Dos Palos City. We observe Thanksgiving,chritsmas & new year's day. 369
LB
RONNYS
1251 BADGER FLAT RD
LOS BANOS, CA 93635
(209) 827-9858
CITY OF LOS BANOS
411 MADISON AVE.
LOS BANOS, CA 93635
LANDSCAPE MAINTENANCE
PKSO: ANIMAL SHELTER 0.15 ACRES (AIRPORT)
Signature Pura Vida!
GENERAL FUND
PK50
ronny®ronnysinc.com
Estimate
15904
7/31/23
Terms
Net30
221.38
Total $221.38
Payment is due within net days allotted after invoice is received or upon job completion. If customer fails to make payment when due, customer agrees to pay Ronnys Inc. late charges at the rate of eighteen percent per annum on all past due, unpaid amounts. If for any reason the rate of eighteen percent is found to be unenforceable, customer agrees to pay Ronnys Inc. late charges at the maximum rate then permitted by California law. Customer also agrees to pay Ronnys Inc. reasonable attorneys' fees, legal fees, professional service fees and any other costs incurred to recover amounts not paid when due. Customer agrees to make payment hereunder to Ronnys Inc. at its principal place of business, 1251 Badger Flat Rd., Los Banos, CA 93635 Certified Arborist, Contractor# 809197, classes: C61 /D49 Tree, C-8 concreter, C-27 landscape & C-13 fencing. Certified irrigation technician, certified backflow tester, certified qualify chemical applicator and certified compost technician. General liability, Commercial auto & workers comp insured. In compliance with business laws & regulations for USA, CA, Merced county, Los Banos City & Dos Palos City. We observe Thanksgiving,chritsmas & new year's day. 370
LB
RONNY$
1251 BADGER FLAT RD
LOS BANOS, CA 93635
(209) 827-9858
CllY OF LOS BANOS
411 MADISON AVE.
LOS BANOS, CA 93635
LANDSCAPE MAINTENANCE
PK51: POLICE ANNEX 0.008 ACRES (POLICE ANNEX PLANTERS)
Signature Pura Vida!
GENERAL FUNDS PARKS
PK51
Estimate
159-40
3/31/24
Terms
Net30
150.00
[email protected] Total $150.00
Payment is due within net days allotted after invoice is received or upon job completion. If customer fails to make payment when due, customer agrees to pay Ronnys Inc. late charges at the rate of eighteen percent per annum on all past due, unpaid amounts. If for any reason the rate of eighteen percent is found to be unenforceable, customer agrees to pay Ronnys Inc. late charges at the maximum rate then permitted by California law. Customer also agrees to pay Ronnys Inc. reasonable attorneys' fees, legal fees, professional service fees and any other costs incurred to recover amounts not paid when due. Customer agrees to make payment hereunder to Ronnys Inc. at its principal place of business, 1251 Badger Flat Rd., Los Banos, CA 93635 Certified Arborist, Contractor# 809197, classes: C61/D49 Tree, C-8 concreter, C-27 landscape & C-13 fencing. Certified irrigation technician, certified backflow tester, certified qualify chemical applicator and certified compost technician. General liability, Commercial auto & workers comp insured. In compliance with business laws & regulations for USA, CA, Merced county, Los Banos City & Dos Palos City. We observe Thanksgiving,chritsmas & new year's day. 371
LB
RONNYS
1251 BADGER FLAT RD
LOS BANOS, CA 93635
(209) 827-9858
CITY OF LOS BANOS
411 MADISON A VE.
LOS BANOS, CA 93635
LANDSCAPE MAINTENANCE
PK52: TTH ST. BASKETBALL COURTS 0.323 ACRES
Signature Pura Vida!
Estimate
GENERAL FUNDS PARKS
PK52
[email protected] Total
159-41
3/31/24
Terms
Net30
125.00
$125.00
Payment is due within net days allotted after invoice is received or upon job completion. If customer fails to make payment when due, customer agrees to pay Ronnys Inc. late charges at the rate of eighteen percent per annum on all past due, unpaid amounts. If for any reason the rate of eighteen percent is found to be unenforceable, customer agrees to pay Ronnys Inc. late charges at the maximum rate then permitted by California law. Customer also agrees to pay Ronnys Inc. reasonable attorneys' fees, legal fees, professional service fees and any other costs incurred to recover amounts not paid when due. Customer agrees to make payment hereunder to Ronnys Inc. at its principal place of business, 1251 Badger Flat Rd., Los Banos, CA 93635 Certified Arborist, Contractor# 809197, classes: C6 l/D49 Tree, C-8 concreter, C-27 landscape & C-13 fencing. Certified irrigation technician, certified backflow tester, certified qualify chemical applicator and certified compost technician. General liability, Commercial auto & workers comp insured. In compliance with business laws & regulations for USA, CA, Merced county, Los Banos City & Dos Palos City. We observe Thanksgiving,chritsmas & new year's day. 372
LB
RONNYS
1251 BADGER FLAT RD
LOS BANOS, CA 93635
(209) 827-9858
CITY OF LOS BANOS
411 MADISON A VE.
LOS BANOS, CA 93635
LANDSCAPE Ml>JNTENANCE
PK53: NEW POLICE STATION 1.53 ACRES
Signature Pura Vida!
GENERAL FUND PARKS
PK53
ronny®ronnysinc.com
Estimate
15905
3/31/24
Terms
Net30
1,550.00
Total $1,550.00
Payment is due within net days allotted after invoice is received or upon job completion. If customer fails to make payment when due, customer agrees to pay Ronnys Inc. late charges at the rate of eighteen percent per annum on all past due, unpaid amounts. If for any reason the rate of eighteen percent is found to be unenforceable, customer agrees to pay Ronnys Inc. late charges at the maximum rate then permitted by California law. Customer also agrees to pay Ronnys Inc. reasonable attorneys' fees, legal fees, professional service fees and any other costs incurred to recover amounts not paid when due. Customer agrees to make payment hereunder to Ronnys Inc. at its principal place of business, 1251 Badger Flat Rd., Los Banos, CA 93635 Certified Arborist, Contractor# 809197, classes: C6 I/D49 Tree, C-8 concreter, C-27 landscape & C-13 fencing. Certified irrigation technician, certified backflow tester, certified qualify chemical applicator and certified compost technician. General liability, Commercial auto & workers comp insured. In compliance with business laws & regulations for USA, CA, Merced county, Los Banos City & Dos Palos City. We observe Thanksgiving,chritsmas & new year's day. 373
LB
RONNYS
1251 BADGER FLAT RD
LOS BANOS, CA 93635
(209) 827-9858
CITY OF LOS BANOS
411 MADISON A VE.
LOS BANOS, CA 93635
LANDSCAPE MAINTENANCE
PL 150: WOODBRUSH AVE. RIGHT OF WAYS 0.071 ACRES (OFF BADGER FLAT RD.) Signature Pura Vida!
DISTRCIT 17
PL150
ronny®ronnysinc.com
Estimate
159-il
7/31/23
Terms
140.00
Total $140.00
Payment is due within net days allotted after invoice is received or upon job completion. If customer fails to make payment when due, customer agrees to pay Ronnys Inc. late charges at the rate of eighteen percent per annum on all past due, unpaid amounts. If for any reason the rate of eighteen percent is found to be unenforceable, customer agrees to pay Ronnys Inc. late charges at the maximum rate then permitted by California law. Customer also agrees to pay Ronnys Inc. reasonable attorneys' fees, legal fees, professional service fees and any other costs incurred to recover amounts not paid when due. Customer agrees to make payment hereunder to Ronnys Inc. at its principal place of business, 1251 Badger Flat Rd., Los Banos, CA 93635 Certified Arborist, Contractor# 809197, classes: C61/D49 Tree, C-8 concreter, C-27 landscape & C-13 fencing. Certified irrigation technician, certified bacldlowtester, certified qualify chemical applicator and certified compost technician. General liability, Commercial auto & workers comp insured. In compliance with business laws & regulations for USA, CA, Merced county, Los Banos City & Dos Palos City. We observe Thanksgiving,chritsmas & new year's day. 374
LB
RONNYS
1251 BADGER FLAT RD
LOS BANOS, CA 93635
(209) 827-9858
CllY OF LOS BANOS
411 MADISON AVE.
LOS BANOS, CA 93635
LANDSCAPE MAINTENANCE
PL 151: CANAL FARM LN. RIGHT OF WAY 0.052 ACRES (BEHIND FOOD 4 LESS) Signature Pura Vida!
DISTRICT9
PL151
[email protected]
Estimate
15900
7/31/23
Terms
144.50
Total $144.50
Payment is due within net days allotted after invoice is received or upon job completion. If customer fails to make payment when due, customer agrees to pay Ronnys Inc. late charges at the rate of eighteen percent per annum on all past due, unpaid amounts. If for any reason the rate of eighteen percent is found to be unenforceable, customer agrees to pay Ronnys Inc. late charges at the maximum rate then permitted by California Jaw. Customer also agrees to pay Ronnys Inc. reasonable attorneys' fees, legal fees, professional service fees and any other costs incurred to recover amounts not paid when due. Customer agrees to make payment hereunder to Ronnys Inc. at its principal place of business, 1251 Badger Flat Rd., Los Banos, CA 93635 Certified Arborist, Contractor# 809197, classes: C61/D49 Tree, C-8 concreter, C-27 landscape & C-13 fencing. Certified irrigation technician, certified backflow tester, certified qualify chemical applicator and certified compost technician. General liability, Commercial auto & workers comp insured. In compliance with business laws & regulations for USA, CA, Merced county, Los Banos City & Dos Palos City. We observe Thanksgiving,chritsmas & new year's day. 375
LB
RONNYS
1251 BADGER FLAT RD
LOS BANOS, CA 93635
(209) 827-9858
CITY OF LOS BANOS
411 MADISON AVE.
LOS BANOS, CA 93635
LANDSCAPE MAINTENANCE
DISTRICT 17
PL152
PL152: DEWBERRY CT 0.067 ACRES (LANDSCAPE BETWEEN DEWBERRY CT AND BADGER FLAT) Signature Pura Vida! ronny®ronnysinc.com
Estimate
15890
7/31/23
Terms
Net30
117.00
Total $117.00
Payment is due within net days allotted after invoice is received or upon job completion. If customer fails to make payment when due, customer agrees to pay Ronnys Inc. late charges at the rate of eighteen percent per annum on all past due, unpaid amounts. Iffor any reason the rate of eighteen percent is found to be unenforceable, customer agrees to pay Ronnys Inc. late charges at the maximum rate then permitted by California law. Customer also agrees to pay Ronnys Inc. reasonable attorneys' fees, legal fees, professional service fees and any other costs incurred to recover amounts not paid when due. Customer agrees to make payment hereunder to Ronnys Inc. at its principal place of business, 1251 Badger Flat Rd., Los Banos, CA 93635 Certified Arborist, Contractor# 809197, classes: C61/D49 Tree, C-8 concreter, C-27 landscape & C-13 fencing. Certified irrigation technician, certified backflowtester, certified qualify chemical applicator and certified compost technician. General liability, Commercial auto & workers comp insured. In compliance with business laws & regulations for USA, CA, Merced county, Los Banos City & Dos Palos City. We observe Thanksgiving,chritsmas & new year's day. 376
LB
RONNYS
1251 BADGER FLAT RD
LOS BANOS, CA 93635
(209) 827-9858
CITY OF LOS BANOS
411 MADISON AVE.
LOS BANOS, CA 93635
LANDSCAPE MAINTENANCE
PL 153: ORTIGALITA RIGHT OF WAY 0.386 ACRES (WEST ORTIGALITA LANDSCAPE) Signature Pura Vida!
DISTRICT 17
PL153
[email protected]
Estimate
15891
7/31/23
Tenns
Net30
334.93
Total $334.93
Payment is due within net days allotted after invoice is received or upon job completion. If customer fails to make payment when due, customer agrees to pay Ronnys Inc. late charges at the rate of eighteen percent per annum on all past due, unpaid amounts. If for any reason the rate of eighteen percent is found to be unenforceable, customer agrees to pay Ronnys Inc. late charges at the maximum rate then permitted by California law. Customer also agrees to pay Ronnys Inc. reasonable attorneys' fees, legal fees, professional service fees and any other costs incurred to recover amounts not paid when due. Customer agrees to make payment hereunder to Ronnys Inc. at its principal place of business, 1251 Badger Flat Rd., Los Banos, CA 93635 Certified Arborist, Contractor# 809197, classes: C61/D49 Tree, C-8 concreter, C-27 landscape & C-13 fencing. Certified irrigation technician, certified backtlow tester, certified qualify chemical applicator and certified compost technician. General liability, Commercial auto & workers comp insured. In compliance with business laws & regulations for USA, CA, Merced county, Los Banos City & Dos Palos City. We observe Thanksgiving,chritsmas & new year's day. 377
LB
RONNY$
1251 BADGER FLAT RD
LOS BANOS, CA 93635
(209) 827-9858
CITY OF LOS BANOS
411 MADISON AVE.
LOS BANOS, CA 93635
LANDSCAPE MAINTENANCE
DISTRICT 3
PL154
PL 154:MULBERRY WAY RIGHT OF WAY 0.101 ACRES (MULBERRY BETWEEN POPLAR AND BIRCH) Signature Pura Vida! [email protected]
Estimate
15892
7/31/23
Terms
198.90
Total $198.90
Payment is due within net days allotted after invoice is received or upon job completion. If customer fails to make payment when due, customer agrees to pay Ronnys Inc. late charges at the rate of eighteen percent per annum on all past due, unpaid amounts. [f for any reason the rate of eighteen percent is found to be unenforceable, customer agrees to pay Ronnys Inc. late charges at the maximum rate then permitted by California law. Customer also agrees to pay Ronnys Inc . reasonable attorneys' fees, legal fees, professional service fees and any other costs incurred to recover amounts not paid when due. Customer agrees to make payment hereunder to Ronnys Inc. at its principal place of business, 1251 Badger Flat Rd., Los Banos, CA 93635 Certified Arborist, Contractor# 809197, classes: C6 l /D49 Tree, C-8 concreter, C-27 landscape & C-13 fencing. Certified irrigation technician, certified backflow tester, certified qualify chemical applicator and certified compost technician. General liability, Commercial auto & workers comp insured. In compliance with business laws & regulations for USA, CA, Merced county, Los Banos City & Dos Palos City. We observe Thanksgiving,chritsmas & new year's day. 378
LB
RONNYS
1251 BADGER FLAT RO
LOS BANOS, CA 93635
(209) 827-9858
CITY OF LOS BANOS
411 MADISON A VE.
LOS BANOS, CA 93635
LANDSCAPE MAINTENANCE
PL 155: DE ANZA WAY MEDIAN 0.013 ACRES (DE ANZA WAY MEDIAN BY HIGHWAY) Signature Pura Vida!
DISTRICT 4
PL155
ronny®ronnysinc.com
Estimate
Total
15894
7/31/23
Terms
117.00
$117.00
Payment is due within net days allotted after invoice is received or upon job completion. If customer fails to make payment when due, customer agrees to pay Ronnys Inc. late charges at the rate of eighteen percent per annum on all past due, unpaid amounts. If for any reason the rate of eighteen percent is found to be unenforceable, customer agrees to pay Ronnys Inc. late charges at the maximum rate then permitted by California law. Customer also agrees to pay Ronnys Inc. reasonable attorneys' fees, legal fees, professional service fees and any other costs incurred to recover amounts not paid when due. Customer agrees to make payment hereunder to Ronnys Inc. at its principal place of business, 1251 Badger Flat Rd., Los Banos, CA 93635 Certified Arborist, Contractor# 809197, classes: C6 l/D49 Tree, C-8 concreter, C-27 landscape & C-13 fencing. Certified irrigation technician, certified backflowtester, certified qualify chemical applicator and certified compost technician. General liability, Commercial auto & workers comp insured. In compliance with business laws & regulations for USA, CA, Merced county, Los Banos City & Dos Palos City. We observe Thanksgiving,chritsmas & new year's day. 379
LB
RONNYS
1251 BADGER FLAT RD
LOS BANOS, CA 93635
(209) 827-9858
CITY OF LOS BANOS
411 MADISON AVE.
LOS BANOS, CA 93635
LANDSCAPE MAINTENANCE
PL156: HST RIGHT OF WAY 0.142 ACRES (HST. RIGHT OF WAY BY 2ND ST.) Signature Pura Vida!
GENERAL FUND PARKS
PL156
[email protected]
Estimate
15895
7/31/2:J
Terms
Net30
216.60
Total $216.60
Payment is due within net days allotted after invoice is received or upon job completion. If customer fails to make payment when due, customer agrees to pay Ronnys Inc. late charges at the rate of eighteen percent per annum on all past due, unpaid amounts. If for any reason the rate of eighteen percent is found to be unenforceable, customer agrees to pay Ronnys Inc. late charges at the maximum rate then permitted by California law. Customer also agrees to pay Ronnys Inc. reasonable attorneys' fees, legal fees, professional service fees and any other costs incurred to recover amounts not paid when due. Customer agrees to make payment hereunder to Ronnys Inc. at its principal place of business, 1251 Badger Flat Rd., Los Banos, CA 93635 Certified Arborist, Contractor# 809197, classes: C61/049 Tree, C-8 concreter, C-27 landscape & C-13 fencing. Certified irrigation technician, certified backflow tester, certified qualify chemical applicator and certified compost technician. General liability, Commercial auto & workers comp insured. In compliance with business laws & regulations for USA, CA, Merced county, Los Banos City & Dos Palos City. We observe Thanksgiving,chritsmas & new year's day. 380
LB
RONNYS
1251 BADGER FLAT RD
LOS BANOS, CA 93635
(209) 827-9858
CITY OF LOS BANOS
411 MADISON AVE.
LOS BANOS, CA 93635
LANDSCAPE MAINTENANCE
DISTRICT 11
PL157
PL 157: WARD RD. RIGHT OF WAY 0. 115 ACRES (EAST WARD RD BY JEHOVAliS WITNESSES) Signature Pura Vida! [email protected]
Estimate
Total
15897
7/31/23
Terms
166.40
$166.40
Payment is due within net days allotted after invoice is received or upon job completion. If customer fails to make payment \\hen due, customer agrees to pay Ronnys Inc. late charges at the rate of eighteen percent per annum on all past due, unpaid amounts. If for any reason the rate of eighteen percent is found to be unenforceable, customer agrees to pay Ronnys Inc. late charges at the maximum rate then permitted by California law. Customer also agrees to pay Ronnys Inc . reasonable attorneys' fees, legal fees, professional service fees and any other costs incurred to recover amounts not paid when due. Customer agrees to make payment hereunder to Ronnys Inc. at its principal place of business, 125 I Badger Flat Rd., Los Banos, CA 93635 Certified Arborist, Contractor# 809197, classes: C6 l /049 Tree, C-8 concreter, C-27 landscape & C-13 fencing. Certified irrigation technician, certified backflow tester, certified qualify chemical applicator and certified compost technician. General liability, Commercial auto & workers comp insured. In compliance with business laws & regulations for USA, CA, Merced county, Los Banos City & Dos Palos City. We observe Thanksgiving,chritsmas & new year's day. 381
LB
RONNY$
1251 BADGER FLAT RD
LOS BANOS, CA 93635
(209) 827-9858
CITY OF LOS BANOS
411 MADISON AVE.
LOS BANOS, CA 93635
LANDSCAPE MAINTENANCE
DISlRICT 11
PL158
Pl 158: N CREEKSIDE DR. RIGHT OF WAY 0.032 ACRES (SOUTH OF JEHOVAH'S WITNESSES) Signature Pura Vida! ronny®ronnysinc.com
Estimate
Total
15898
7/31/23
Terms
73.10 $73.10
Payment is due within net days allotted after invoice is received or upon job completion. If customer fails to make payment when due, customer agrees to pay Ronnys Inc. late charges at the rate of eighteen percent per annum on all past due, unpaid amounts. If for any reason the rate of eighteen percent is found to be unenforceable, customer agrees to pay Ronnys Inc. late charges at the maximum rate then permitted by California Jaw. Customer also agrees to pay Ronnys Inc. reasonable attorneys' fees, legal fees, professional service fees and any other costs incurred to recover amounts not paid when due. Customer agrees to make payment hereunder to Ronnys Inc. at its principal place of business, 1251 Badger Flat Rd., Los Banos, CA 93635 Certified Arborist, Contractor# 809197, classes: C6 l/D49 Tree, C-8 concreter, C-27 landscape & C-13 fencing. Certified irrigation technician, certified backflow tester, certified qualify chemical applicator and certified compost technician. General liability, Commercial auto & workers comp insured. In compliance with business laws & regulations for USA, CA, Merced county, Los Banos City & Dos Palos City. We observe Thanksgiving,chritsmas & new year's day. 382
LB
RONNYS
1251 BADGER FLAT RD
LOS BANOS, CA 93635
(209) 827-9858
CllY OF LOS BANOS
411 MADISON AVE.
LOS BANOS, CA 93635
LANDSCAPE MAINTENANCE
PL159: WARD RD. RIGI-IT OF WAYS 0.123 ACRES (WARD RD, WEST RIGI-IT OF WAYS) Signature Pura Vida!
DISTRICT9
PL159
[email protected]
Estimate
15901
7/31/73
Terms
Net30
176.40
Total $176.40
Payment is due within net days allotted after invoice is received or upon job completion. If customer fails to make payment when due, customer agrees to pay Ronnys Inc. late charges at the rate of eighteen percent per annum on all past due, unpaid amounts. If for any reason the rate of eighteen percent is found to be unenforceable, customer agrees to pay Ronnys Inc. late charges at the maximum rate then permitted by California law. Customer also agrees to pay Ronnys Inc. reasonable attorneys' fees, legal fees, professional service fees and any other costs incurred to recover amounts not paid when due. Customer agrees to make payment hereunder to Ronnys Inc. at its principal place of business, 1251 Badger Flat Rd., Los Banos, CA 93635 Certified Arborist, Contractor# 809197, classes: C6l /D49 Tree, C-8 concreter, C-27 landscape & C-13 fencing. Certified irrigation technician, certified backflow tester, certified qualify chemical applicator and certified compost technician. General liability, Commercial auto & workers comp insured. In compliance with business laws & regulations for USA, CA, Merced county, Los Banos City & Dos Palos City. We observe Thanksgiving,chritsmas & new year's day. 383
LB
RONNYS
1251 BADGER FLAT RD
LOS BANOS, CA 93635
(209) 827-9858
CITY OF LOS BANOS
411 MADISON AVE.
LOS BANOS, CA 93635
LANDSCAPE MAINTENANCE
PL160:E. PACHECO BLVD. RIGKT OF WAYS 0.259 ACRES (BY CHEVRON) Signature Pura Vida!
DISTRICT9
PL160
[email protected]
Estimate
15903
7/31/23
Terms
Net30
367.20
Total $367.20
Payment is due within net days allotted after invoice is received or upon job completion. If customer fails to make payment when due, customer agrees to pay Ronnys Inc. late charges at the rate of eighteen percent per annum on all past due, unpaid amounts. If for any reason the rate of eighteen percent is found to be unenforceable, customer agrees to pay Ronnys Inc. late charges at the maximum rate then permitted by California law. Customer also agrees to pay Ronnys Inc. reasonable attorneys' fees, legal fees, professional service fees and any other costs incurred to recover amounts not paid when due. Customer agrees to make payment hereunder to Ronnys Inc. at its principal place of business, 1251 Badger Flat Rd., Los Banos, CA 93635 Certified Arborist, Contractor# 809197, classes: C61/D49 Tree, C-8 concreter, C-27 landscape & C-13 fencing. Certified irrigation technician, certified backtlowtester, certified qualify chemical applicator and certified compost technician. General liability, Commercial auto & workers comp insured. In compliance with business laws & regulations for USA, CA, Merced county, Los Banos City & Dos Palos City. We observe Thanksgiving,chritsmas & new year's day. 384
LB
RONNY$
1251 BADGER FLAT RD
LOS BANOS, CA 93635
(209) 827-9858
CITY OF LOS BANOS
411 MADISON AVE.
LOS BANOS, CA 93635
LANDSCAPE t-MINTENANCE
PL161: OVERLAND RIGHT OF WAYS 0.095 ACRES
Signature Pura Vida!
DISTRICT 11
PL161
[email protected]
Estimate
Total
15899
7131/13
Terms
Net30
350.00
$350.00
Payment is due within net days allotted after invoice is received or upon job completion. If customer fails to make payment when due, customer agrees to pay Ronnys Inc. late charges at the rate of eighteen percent per annum on all past due, unpaid amounts. If for any reason the rate of eighteen percent is found to be unenforceable, customer agrees to pay Ronnys Inc. late charges at the maximum rate then permitted by California law. Customer also agrees to pay Ronnys Inc. reasonable attorneys' fees, legal fees, professional service fees and any other costs incurred to recover amounts not paid when due. Customer agrees to make payment hereunder to Ronnys Inc. at its principal place of business, 1251 Badger Flat Rd., Los Banos, CA 93635 Certified Arborist, Contractor# 809197, classes: C61/D49 Tree, C-8 concreter, C-27 landscape & C-13 fencing. Certified irrigation technician, certified backflowtester, certified qualify chemical applicator and certified compost technician. General liability, Commercial auto & workers comp insured. In compliance with business laws & regulations for USA, CA, Merced county, Los Banos City & Dos Palos City. We observe Thanksgiving,chritsmas & new year's day. 385
Estimate
LB
RONNYS
1251 BADGER FLAT RD
LOS BANOS, CA 93635
(209) 827-9858
CllY OF LOS BANOS
411 MADISON AVE.
LOS BANOS, CA 93635
LANDSCAPE MAINTENANCE
DISTRICT 17
PL162
PL162: NORTH PRAIRIE SPRINGS DR. RIGKf OF WAYS, 0.44 ACRES (PLANTER WITH 3/8 CRUSHED GRANITE ROCK OUTSIDE THE CITY
SIDEWALK)
Signature Pura Vida! [email protected] Total
15893
7/31/23
Terms
336.72
$336.72
Payment is due within net days allotted after invoice is received or upon job completion. If customer fails to make payment when due, customer agrees to pay Ronnys Inc. late charges at the rate of eighteen percent per annum on all past due, unpaid amounts. If for any reason the rate of eighteen percent is found to be unenforceable, customer agrees to pay Ronnys Inc. late charges at the maximum rate then permitted by California law. Customer also agrees to pay Ronnys Inc. reasonable attorneys' fees, legal fees, professional service fees and any other costs incurred to recover amounts not paid when due. Customer agrees to make payment hereunder to Ronnys Inc. at its principal place of business, 1251 Badger Flat Rd., Los Banos, CA 93635 Certified Arborist, Contractor# 809197, classes: C6 J/D49 Tree, C-8 concreter, C-27 landscape & C-13 fencing. Certified irrigation technician, certified backflow tester, certified qualify chemical applicator and certified compost technician. General liability, Commercial auto & workers comp insured. In compliance with business laws & regulations for USA, CA, Merced county, Los Banos City & Dos Palos City. We observe Thanksgiving,chritsmas & new year's day. 386
LB
RONNYS
1251 BADGER FLAT RD
LOS BANOS, CA 93635
(209) 827-9858
CITY OF LOS BANOS
411 MADISON AVE.
LOS BANOS, CA 93635
LANDSCAPE MAINTENANCE
PL163: WARD RIGHT OF WAYS 0.337 ACRES
Signature Pura Vida!
DISlRICT 11
PL163
[email protected]
Estimate
Total
15946
7/31/23
Terms
Net 30
750.00
$750.00
Payment is due within net days allotted after invoice is received or upon job completion. If customer fails to make payment when due, customer agrees to pay Ronnys Inc. late charges at the rate of eighteen percent per annum on all past due, unpaid amounts. If for any reason the rate of eighteen percent is found to be unenforceable, customer agrees to pay Ronnys Inc. late charges at the maximum rate then permitted by California law. Customer also agrees to pay Ronnys Inc . reasonable attorneys' fees, legal fees, professional service fees and any other costs incurred to recover amounts not paid when due. Customer agrees to make payment hereunder to Ronnys Inc. at its principal place of business, 1251 Badger Flat Rd., Los Banos, CA 93635 Certified Arborist, Contractor# 809197, classes: C61/D49 Tree, C-8 concreter, C-27 landscape & C-13 fencing. Certified irrigation technician, certified backflowtester, certified qualify chemical applicator and certified compost technician. General liability, Commercial auto & workers comp insured. In compliance with business laws & regulations for USA, CA, Merced county, Los Banos City & Dos Palos City. We observe Thanksgiving,chritsmas & new year's day. 387
THIS PAGE IS INTENTIONALLY LEFT BLANK
388
AMENDMENT NO. 2
LANDSCAPE MAINTENANCE SERVICES AGREEMENT WITH RONNYS INC.
This Amendment No. 2 to the Landscape Maintenance Services Agreement with Ronnys, Inc. is made and entered into by and between the City of Los Banos, a California Municipal Corporation, herein referred to as "City" and Ronnys, Inc., a California corporation, herein referred to as "Contractor."
RECITALS
WHEREAS, City and Contractor entered into a Landscape Maintenance Services Agreement dated June 5, 2023, herein referred to as "Agreemenf' and attached hereto as Exhibit 1, wherein Contractor agreed to perform specified city-wide landscaping maintenance services in accordance with the terms of the Agreement; and WHEREAS, City and Contractor entered into Amendment No. 1 to the Agreement on March 29, 2024, which amendment revised Sections 3.22 and 3.3.1 and Exhibit B regarding Schedule of Services and Compensation. Amendment No. 1 is attached hereto as Exhibit 2; and
WHEREAS, the parties now desire to amend the June 5, 2023 Agreement pursuant to Sections 3.3.1 and 3.6.8 to add additional services and compensation to Exhibit B. The additional services are to be performed through the term of the original Agreement as set forth in Section 3.1.2.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. Exhibit B of the Agreement is amended to add all weed abatement locations as designated by the Los Banos Fire Department on an annual basis through the term of the Agreement, and is amended to include an on-call hourly cost estimate Nos. #1113 and #1114.
2. Except as expressly amended, all other terms and conditions of the Agreement and Amendment No. 1 shall remain in full force and effect. This Amendment No. 2 shall be effective upon execution by the parties to this Agreement.
IN WITNESS WHEREOF, the Parties executed this Amendment No. 2 on the dates set forth below.
Date: 0 b • 2 Z • 7- b Ronnys Inc.
By:.\ 'RC:> f.\l.\y~ '.\._<--Vt.'---.e.
Ronny Navarro, CEO
1 389
Date: 6-(0-;lOJ-b City of Los Banos
By: ~ ' ) l--=-- Soknirorn Than, City Manager
ATTEST:
Lucille L. Mallonee, City Clerk
APPROVED AS TO FORM:
1Ma,jl~
Mary Lerner, City Attorney
2 390
Ronnys
1251 Badger Flat Road
Los Banos, CA 93635
[email protected]
Estimate
ADDRESS
City of los Banos
520 J St
Los Banos, CA 93635
SERVICE TO
City-Wide Weed Abatement
DESCRIPTION
PREVAILING HOURLY RATES FOR CITY-WIDE WEED ABATEMENT SERVICES (MOWING SERVICE) - TWO-HOUR MINIMUM REQUIRED.
Hourly rate for landscape maintenance laborers, including hand tools.
Mowing self-propelled equipment includes riding mowers and 3-point attachments like mowing decks and flail decks, including hand tools.
Hand-powered tools such as blowers, weed eaters, edgers, and other hand tools are included.
Weeds must not exceed 3 feet in height, and the removal and off-site disposal of debris or other materials will incur an additional charge.
TOTAL
Accepted By Accepted Date
ESTIMATE# 1113
DATE 05/22/2026
QTY AMOUNT
60.00 50.00
15.00 Subtotal: 125.00
$125.00
HAVE A PURA VIDA DAY! WE VALUE YOUR BUSINESS AND THE CHANCE TO MEET YOUR NEEDS (209) 827-9858, ronnysinc.com #809197: C61/D49 Tree Service, CS Concrete, C27 Landscape, C61/D34 Prefabricated Equipment, and C13 Fencing. Please make payment to Ronnys Inc. Late charges will be applied if payment is received after the due date, up to the maximum allowed by law. 391
Ronnys
1251 Badger Flat Road
Los Banos, CA 93635
[email protected]
Estimate
ADDRESS
City of los Banos
520 J St
Los Banos, CA 93635
SERVICE TO
City-Wide Weed Abatement
DESCRIPTION
PREVAILING HOURLY RATES FOR CITY-WIDE WEED ABATEMENT SERVICES (INCORPORATE WEED INTO SOIL SERVICE) - TWO-HOUR MINIMUM REQUIRED.
Group 1 Finish Grade/ Tractor over 65 HP Prevailing Operator's hourly rate, including hand tools.
Self-propelled equipment includes tractors with 3-point attachments like discs, tillers, and rippers, including hand tools.
Hand-powered tools such as blowers, weed eaters, edgers, and other hand tools are included.
Weeds must not exceed 3 feet in height, and the removal arid off-site disposal of debris or other materials will incur an additional charge.
TOTAL
Accepted By Accepted Date
ESTIMATE# 1114
DATE 05/22/2026
QTY AMOUNT
175.00
75.00 15.00
Subtotal: 265.00
$265.00
HAVE A PURA VIDA DAY! WE VALUE YOUR BUSINESS AND THE CHANCE TO MEET YOUR NEEDS (209) 827-9858, ronnysinc.com #809197: C61/D49 Tree Service, CB Concrete, C27 Landscape, C61 /D34 Prefabricated Equipment, and C13 Fencing . Please make payment to Ronnys Inc. Late charges will be applied if payment is received after the due date, up to the maximum allowed by law. 392
1 AMENDMENT NO. 3
LANDSCAPE MAINTENANCE SERVICES AGREEMENT WITH RONNYS INC.
This Amendment No. 3 to the Landscape Maintenance Services Agreement with Ronnys, Inc. is made and entered into by and between the City of Los Banos, a California Municipal Corporation, herein referred to as “City” and Ronnys, Inc., a California corporation, herein referred to as “Contractor.”
RECITALS
WHEREAS, City and Contractor entered into a Landscape Maintenance Services Agreement dated June 5, 2023, herein referred to as “Agreement” and attached hereto as Exhibit 1, wherein Contractor agreed to perform specified city-wide landscaping maintenance services in accordance with the terms of the Agreement; and WHEREAS, City and Contractor entered into Amendment No. 1 to the Agreement on March 29, 2024, which amendment revised Sections 3.2.2 and 3.3.1 and Exhibit B regarding Schedule of Services and Compensation. Amendment No. 1 is attached hereto as Exhibit 2; and
WHEREAS, City and Contractor entered into Amendment No. 2 to the Agreement on June 3, 2026, which amendment revised Exhibit B to add all weed abatement locations as designated by the Los Banos Fire Department on an annual basis through the term of the Agreement. Amendment No. 2 is attached hereto as Exhibit 3; and WHEREAS, the parties now desire to amend the June 5, 2023 Agreement pursuant to Sections 3.3.1 and 3.6.8 to add additional service locations and compensation to Exhibit B. The additional services are to be performed through the term of the original Agreement as set forth in Section 3.1.2.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. Exhibit B of the Agreement is amended to include additional landscape maintenance locations including parks, streetscapes, medians, rights-of-way, wall planters through the term of the Agreement, and is amended to include Estimate Nos. #1047 through #1060, #1062 through #1070, #1072 through #1073, #1075 through #1079 per Attachment 3A.
2. Except as expressly amended, all other terms and conditions of the Agreement, Amendment No. 1 and Amendment No. 2 shall remain in full force and effect. This Amendment No. 3 shall be effective upon execution by the parties to this Agreement.
IN WITNESS WHEREOF, the Parties executed this Amendment No. 3 on the dates set forth below.
Date: _________________________ Ronnys Inc.
393
2 By: ___________________________
Ronny Navarro, CEO
Date: ________________________ City of Los Banos
By: ___________________________
Soknirorn Than, City Manager
ATTEST:
___________________________________
Lucille L. Mallonee, City Clerk
APPROVED AS TO FORM:
___________________________________
Mary F. Lerner, City Attorney
394
3 Attachment 3A
Estimate: Landscape Location: ID: Monthly:
1068 Gateway Sign Planters: PL169 $ 80.00
1069 6th St. Landscape Planter PL186 $ 100.00
1070 J St. Landscape (near 7th St. parking
lot)
PL187 $ 60.00
1079 6th St. Corner Parking Lot (Post Office) PL188 $ 125.00 1054 Palazzo Ct. Planter PL165 $ 150.00
1055 Giannone Ct. Planter PL164 $ 150.00
1053 Center Ave Landscape PL170 $ 1,550.00
1075 Shaunessy Village Park PK55 $ 1,450.00
1076 Shaunessy Village Park PK55 $ 486.40
1077 Shaunessy Village Park PK55 $ 139.20
1047 Sunrise Ranch Park: PK54 $ 1,500.00
1048 Sunrise Ranch Park: PK54 $ 334.62
1049 Sunrise Ranch Park: PK54 $ 67.86
1050 Place Rd. Wall Planter PL171 $ 700.00
1051 San Luis St. Wall Planter PL172 $ 500.00
1052 Racquet Club Dr. Wall Planter PL173 $ 150.00
1072 Place Rd. Wall Planter PL177 $ 475.00
1073 Overland Ave. Landscape South PL184 $ 350.00
1074 Overland Ave. Landscape North PL185 $ 350.00
1056 Cathy Hostetler Blvd. Landscape East PL166 $ 1,850.00 1057 Solimar Drive Landscape North PL167 $ 125.00
1062 Bermuda Lane Right of Way PL174 $ 100.00
1059 Pajaro Dr. Landscape PL175 $ 125.00
1058 Dock Ave Wall Planter PL176 $ 150.00
1063 Mariposa Dr. Wall Planter PL178 $ 175.00
1065 Cathy Hostetler Landscape West PL179 $ 950.00
1078 Solimar Dr. Landscape South PL180 $ 125.00
1066 Solimar Dr. Median South PL181 $ 100.00
1067 Solimar Dr. Median North PL182 $ 100.00
1060 Parjaro Ct. Planter PL190 $ 125.00
1064 Marposa Dr. Median PL191 $ 100.00
395
THIS PAGE IS INTENTIONALLY LEFT BLANK
396
Agenda Staff Report
TO: Mayor Amabile and Council Members
FROM: Stacy Souza Elms, Community and Economic Development Director DATE: August 5, 2026
TYPE OF REPORT: Agenda Item
SUBJECT: Los Banos Downtown Property and Business Improvement District Annual Report
______________________________________________________________________ Recommendation:
Adopt a Resolution approving the Fiscal Year 2026-2027 Annual Report for the Los Banos Downtown Property and Business Improvement District.
Background:
The Los Banos Downtown Property and Business Improvement District (PBID) was originally established by the City Council in October 2019 for a five-year term beginning January 1, 2020 and ending December 31, 2024. Following a property owner ballot proceeding and public hearing process, the City Council renewed the PBID on August 7, 2024, for a ten-year term commencing January 1, 2025 and ending December 31, 2034.
The PBID boundary generally includes parcels within the downtown business core, as shown in Attachment 2.
The PBID is governed by the Los Banos Downtown Association (LBDA), a nonprofit organization comprised of property owners, business owners, and community members.
The purpose of the PBID is to provide supplemental improvements, maintenance, marketing, placemaking, and security services that are above and beyond those provided by the City and other public agencies. These services are intended to enhance property values, support business retention and attraction, increase economic activity, and promote Downtown Los Banos as a vibrant commercial destination. 397
ITEM 7
The adopted Management District Plan (Attachment 3) describes in detail the benefits provided which are:
• Maintenance and General Security
• Marketing and Placemaking
• Administration and Operations
The PBID currently includes approximately 77 assessed parcels owned by 55 property owners within the downtown district.
Discussion:
Annual Report Requirement
Pursuant to Section 36650 of the California Streets and Highways Code, and consistent with the adopted Management District Plan, the Los Banos Downtown Association is required to submit an annual report to the City Council describing the improvements and activities to be provided during the upcoming fiscal year, the estimated costs, assessment methodology, estimated surplus or deficit funds, and any proposed changes to district boundaries or assessments. The FY 2026-2027 Annual Report satisfies these requirements. No changes are proposed to the district boundaries or the methodology used to calculate assessments.
Assessment Rate Adjustment
The adopted Management District Plan authorizes annual assessment increases of up to three percent (3%) per year, subject to approval by the Los Banos Downtown Association Board of Directors. At its July 16, 2026 meeting, the LBDA Board approved a 2.4 percent assessment rate increase based on the February Consumer Price Index (CPI). The approved increase is below the maximum adjustment authorized by the Management District Plan and has been incorporated into the FY 2026-2027 Annual Report and assessment budget.
FY 2026-2027 Improvements and Activities
The Annual Report continues implementation of the programs authorized under the PBID Management District Plan.
Maintenance and General Security.
The maintenance and general security program are intended to provide a cleaner, safer, and more attractive downtown environment for customers, tenants, visitors, and property owners. Activities include:
• Sidewalk pressure washing and gum removal;
• Litter, debris, and leaf removal services;
• Graffiti removal;
• Landscape improvements and maintenance;
• Installation and maintenance of trash receptacles;
398
• Parking lot maintenance;
• Enhanced security measures, including expansion of security camera systems; • Coordination with the Los Banos Police Department to support crime prevention.
Marketing and Place Making.
The marketing and placemaking program is designed to increase visitation, economic activity, and awareness of Downtown Los Banos as a destination for shopping, dining, entertainment, and professional services. Activities include:
• Website and social media marketing;
• Community branding initiatives;
• Promotional campaigns and visitor outreach;
• Production of marketing materials and newsletters;
• Wayfinding signage and streetscape enhancements; and
• Community events including the Wine Stroll, Champagne Stroll, Fall Beer Walk, Holiday Scavenger Walk, Certified Farmers Market, Farm-to-Table Dinner, Fourth of July Celebration, Veterans Memorial Banner Program, Día de los Muertos Celebration, and other seasonal activities.
Administration and Operations.
Administrative and operational activities support delivery of PBID services and include:
• Administrative staffing and office expenses;
• Legal, accounting, and insurance costs;
• Rent, utilities, and postage; and
• Other operational expenses necessary for management of the district.
Analysis:
Staff has reviewed the FY 2026-2027 Annual Report and determined it is consistent with the Management District Plan approved as part of the 2024 PBID renewal. The report proposes no changes to district boundaries, benefit zones, property classifications, or the assessment methodology. The proposed maintenance and security, marketing and placemaking, and administrative programs are all authorized under the adopted Management District Plan.
The FY 2026-2027 Annual Report also highlights continued investment in downtown beautification, directional signage, decorative lighting, business support initiatives, public safety enhancements, community events, and marketing efforts intended to strengthen downtown economic vitality and enhance the visitor experience.
Fiscal Impact:
The FY 2026-2027 PBID assessment budget totals $176,047.76 and is funded through assessments levied on properties located within the district. The Annual Report also 399
anticipates approximately $8,900 in sponsorship and donation revenue to support district activities.
Reviewed by:
_______________________________ _______________________________ Soknirorn Than, City Manager Minerva Moreno, Finance Director
Attachments:
1. Resolution
Exhibit A – Los Banos Downtown PBID FY 2026-2027 Annual Report
2. LBDPBID Boundary Map
3. LBDPBID Management District Plan
400
RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS APPROVING THE FISCAL
YEAR 2026-2027 ANNUAL REPORT FOR THE
LOS BANOS DOWNTOWN PROPERTY AND
BUSINESS IMPROVEMENT DISTRICT
WHEREAS, the City Council of the City of Los Banos originally established the Los Banos Downtown Property and Business Improvement District ("PBID") in October 2019 pursuant to the Property and Business Improvement District Law of 1994 (California Streets and Highways Code Section 36600 et seq.) for a five-year term beginning January 1, 2020, and ending December 31, 2024; and
WHEREAS, on August 7, 2024, following the required property owner ballot proceeding and public hearing process, the City Council renewed the PBID for a ten-year term commencing January 1, 2025, and continuing through December 31, 2034; and WHEREAS, the Los Banos Downtown Association serves as the Owners' Association for the PBID and is responsible for the administration and implementation of programs and services authorized under the PBID Management District Plan; and WHEREAS, Section 36650 of the California Streets and Highways Code requires the Owners' Association to prepare and file an annual report for each fiscal year for which assessments are levied and collected; and
WHEREAS, the Los Banos Downtown Association has prepared and submitted the Fiscal Year 2026-2027 Annual Report for the Los Banos Downtown Property and Business Improvement District for the period of July 1, 2026, through June 30, 2027; and WHEREAS, the adopted Management District Plan authorizes annual assessment adjustments of up to three percent (3%) per year, subject to approval by the Los Banos Downtown Association Board of Directors; and
WHEREAS, at its meeting on July 16, 2026, the Los Banos Downtown Association Board of Directors approved a 2.4 percent assessment adjustment based upon the February Consumer Price Index (CPI), which is within the limits authorized by the Management District Plan; and
WHEREAS, the Annual Report describes the improvements, activities, assessment methodology, budget, and boundaries of the PBID and indicates that no changes are proposed to the district boundaries or assessment methodology, and that the annual assessment adjustment has been implemented in accordance with the provisions of the adopted Management District Plan; and 401
WHEREAS, the proposed Fiscal Year 2026-2027 assessment-funded budget is $176,047.76 and includes programs for maintenance and general security, marketing and placemaking, and administration and operations designed to benefit properties within the district boundaries; and
WHEREAS, the City Council has reviewed the Fiscal Year 2026-2027 Annual Report and finds that the report complies with Section 36650 of the California Streets and Highways Code, is consistent with the adopted Management District Plan, and supports the continued implementation of programs and services benefiting properties within the PBID.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos as follows:
SECTION 1. The foregoing recitals are true and correct and are incorporated herein by this reference.
SECTION 2. The Fiscal Year 2026-2027 Annual Report for the Los Banos Downtown Property and Business Improvement District, attached hereto and incorporated herein as Exhibit A, is hereby approved pursuant to California Streets and Highways Code Section 36650.
SECTION 3. The City Clerk is directed to maintain a copy of the approved Annual Report in the official records of the City of Los Banos.
SECTION 4. 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 5th day of August 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
402
F i s c a l Y e a r 20 2 6 – 202 7
Los Banos Downtown
Property and Business Improvement District
2026–2027 Annual Report
Submitted to the City of Los Banos pursuant to Streets and Highways Code section 36650, for the period from July 1, 2026, through June 30, 2027
403
Contents
Overview........................................................................................................ 1 Accomplishments & Looking Forward ...................................................... 2 Boundaries..................................................................................................... 5 Improvements and Activities....................................................................... 6 Cost................................................................................................................. 7 FY 2026/27 Projections.................................................................................................. 7 Assessment..................................................................................................... 7 Assessment Methodology ............................................................................................... 7 Surplus and Other Funding......................................................................... 8 Surplus............................................................................................................................ 8 Other Funding................................................................................................................ 8 Appendix – 1 – Profit & Loss Budget Performance.................................. 9 June 30, 2026
Prepared by
Civitas
(916) 437-4300
civitasadvisors.com
404
Los Banos Downtown Property & Business Improvement District 2026/27 Annual Report 1
Overview
Mission
Creating opportunities to discover and explore the exceptional shops, dining and entertainment venues, and professional and personal services in historic downtown Los Banos.
Vision
Promoting, improving, and preserving the downtown as the heart of Los Banos.
Purpose
The Los Banos Downtown Association represents its general membership with a unified voice to support economic development and historical preservation of downtown Los Banos and our community while celebrating our diverse culture. There is a focus on historical preservation and revitalization to enhance the downtown through the regulation of façade improvements in terms of color, awnings, art, and signage.
The Los Banos Downtown Association is governed by a Board of Directors which is responsible for providing vision and leadership to its staff and downtown stakeholders. The Board includes downtown business owners, property owners, and residents dedicated to the improvement of downtown Los Banos and the community. Their objective is to organize and support events, initiatives, and activities that showcase downtown Los Banos as a destination that brings people and families together while supporting downtown merchants and businesses.
Board Members
David Sousa, Tareq Husein, Tom Kaljian, Taylor Wolfsen, Alvaro Sanchez, Diana Pfitzer, and Sandie Silva
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Los Banos Downtown Property & Business Improvement District 2026/27 Annual Report 2
Accomplishments & Looking Forward
“A Safer, Brighter, Stronger Downtown”
The Los Banos Downtown Property and Business Improvement District (LBDPBID) will continue to serve as a catalyst for economic vitality, beautification, business support, and community engagement throughout Downtown Los Banos. Through strategic partnerships, responsible stewardship of assessment funds, and collaboration with property owners, businesses, community organizations, and the City of Los Banos, the LBDPBID remains focused on creating a clean, safe, vibrant, and welcoming downtown district.
As we move into Fiscal Year 2026-2027, the LBDPBID continues to build upon the momentum created through revitalization efforts, LBDPBID improvements, community events, and long-term planning initiatives designed to strengthen Downtown Los Banos for future generations.
Improvements & LBDPBID Enhancements
The LBDPBID continues investing in projects that improve the appearance, safety, accessibility, and marketability of the downtown district.
Major initiatives include:
• Downtown Gateway Sign Project
• Downtown Directional Monument Sign Program
• Veterans Memorial Light Pole Banner Program
• Downtown Decorative Lighting & Skyscaping Enhancements • Expanded Security Camera Network
• Downtown Music Program
• Beautification and Streetscape Improvements
• Business Attraction and Retention Efforts
• Community Branding and Marketing Programs
These projects contribute to a more welcoming downtown environment while increasing visibility for businesses and supporting economic growth throughout the LBDPBID.
Public Safety & Security
The LBDPBID remains committed to enhancing safety throughout Downtown Los Banos.
Key investments include:
• Expansion of LBDPBID security cameras
• Increased monitoring of downtown corridors and alleyways • Improved lighting throughout the LBDPBID
• Ongoing collaboration with the Los Banos Police Department • Rapid response to vandalism, graffiti, and maintenance concerns These efforts improve public confidence, enhance the visitor experience, and support downtown businesses and property owners.
Economic Vitality & Business Support
The LBDPBID continues to focus on creating an environment where businesses can thrive to benefit property owners paying the LBDPBID assessment.
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Objectives include:
• Increasing foot traffic
• Supporting business retention and recruitment
• Promoting available commercial spaces
• Marketing Downtown Los Banos as a destination
• Strengthening partnerships with property owners
• Encouraging private investment in downtown properties The LBDPBID continues working with property owners and business operators to support long-term occupancy, investment, and economic growth throughout the LBDPBID.
Community Activation & Events
Community events remain one of the most effective tools for driving foot traffic to assessed LBDPBID properties and supporting downtown businesses.
The LBDPBID and Los Banos Downtown Association proudly support and promote:
Seasonal Walk Series
• St. Patrick’s Family Fun Walk
• Wine Stroll
• Champagne Stroll
• Fall Beer Walk
• Holiday Scavenger Walk
These signature events encourage residents and visitors to explore downtown businesses, restaurants, and attractions while generating economic activity throughout the LBDPBID.
Major Community Events
• Certified Farmers Market
• Farm to Table Dinner
• 4th of July Celebration
• Veterans Memorial Light Pole Banner Program
• Downtown Holiday Activities
• Día de los Muertos Celebration
The Día de los Muertos Celebration, scheduled for November 1, will feature Mariachi performances, cultural displays, family activities, community partnerships, and business participation, celebrating the rich cultural heritage of our community while supporting downtown commerce.
The Farm to Table Dinner continues to honor the agricultural heritage of Los Banos while showcasing local farmers, businesses, and community leaders.
The Certified Farmers Market provides opportunities for local producers, artisans, food vendors, and downtown businesses while bringing residents into the LBDPBID on a regular basis.
Marketing & Promotion
The LBDPBID’s marketing efforts focus on increasing awareness, visitation, and community engagement through:
• Website improvements
• Social media outreach
• Event promotion
• Business spotlights
• Community newsletters
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• LBDPBID branding initiatives
• Tourism and destination marketing
Marketing efforts continue to position Downtown Los Banos as a vibrant destination for shopping, dining, entertainment, and community engagement.
Long-Term Revitalization
The LBDPBID remains committed to long-term planning and revitalization efforts that support future growth.
Strategic priorities include:
• Continued beautification projects
• Infrastructure enhancements
• Expanded public safety initiatives
• Business recruitment efforts
• Grant opportunities and partnerships
• Public-private collaboration
• Community engagement and stakeholder outreach
These investments support the LBDPBID’s mission of creating a downtown district that serves as the economic, cultural, and social heart of Los Banos.
Looking Forward
The LBDPBID remains dedicated to responsible stewardship, transparency, collaboration, and innovation. Together with property owners, businesses, community organizations, volunteers, sponsors, and public partners, we will continue building a downtown that reflects the pride, history, culture, and entrepreneurial spirit of Los Banos.
Together We Thrive.
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Boundaries
There are no proposed changes to the boundaries. The LBDPBID boundary will continue to generally include parcels in the downtown area of the City of Los Banos, bound by the southern boundaries of K Street, the western boundaries of 5th Street, the northern boundaries of I Street and the eastern boundaries of 7th Street. It also includes parcels facing southwest between 5th Street and 7th Street, as shown on the map below.
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Improvements and Activities
The improvements and activities to be provided for FY 2026/27 are consistent with the Management District Plan and will continue to be executed by the LBDPBID’s Owners’ Association, Los Banos Downtown Association (LBDA). Proposed improvements and activities for FY 2026/27 will continue to include maintenance and general security, marketing and placemaking, and small infrastructure programs to assessed parcels within its boundaries.
1. Maintenance and General Security
The maintenance and general security programs will continue to be designed to maintain and increase usability of assessed parcels for the benefit of assessed parcels. The maintenance programs will continue to focus on providing a cleaner, more accessible, and more attractive environment for potential tenants and customers. The security programs will continue to aim to increase safety and address issues which discourage property owners, tenants, and customers from visiting the LBDPBID. The maintenance and security program may include, but is not limited to:
● Pressure washing sidewalks and gum removal;
● Litter removal services, including garbage, debris and leaves throughout the LBDPBID; ● Graffiti removal services;
● Landscape improvements and maintenance, including the trimming and planting of trees and flowers;
● The addition of trash receptacles;
● Parking lot maintenance;
● Enhanced security measures to surveil the LBDPBID and proactively respond to incidents occurring on assessed parcels; and
● Coordination with the Los Banos Police Department to support crime prevention throughout the LBDPBID.
2. Marketing and Placemaking
Marketing and placemaking efforts will continue to highlight the LBDPBID as a unique destination in an effort to increase visitor activity and sales that directly benefit the assessed parcels. It is the intent of this program to allow the public to view the LBDPBID as a single destination with a rich collection of attractions, events and services. Marketing and placemaking programs may include, but are not limited to:
● Promotions and marketing of the LBDPBID as a destination area; ● Special events to attract visitors;
● Maintenance of an LBDPBID brand package and website;
● Creation and distribution of promotional materials, visitor guides, maps, press releases and newsletters; and
● The addition of pole banners, wayfinding signage, park benches, bike racks, planters, public art and other similar initiatives to market and improve the look of the LBDPBID.
3. Administration and Operations
The administration portion of the budget will continue to be utilized for administrative costs associated with providing the services. Those costs may include rent, telephone charges, legal fees, accounting fees, postage, administrative staff, insurance, and other general office expenses. 410
Los Banos Downtown Property & Business Improvement District 2026/27 Annual Report 7
Cost
FY 2026/27 Projections
The cost of providing improvements and activities for FY 2026/27 is consistent with the Plan. The categorical breakdown for the assessment budget is below. All budget category allocations are within the authorized twenty percent (20%) adjustment of the total assessment budget from the prior year.
For FY 2026/27, the total budget for improvements, maintenance, and activities funded by property assessments is $176,047.76.
Assessment
There is no change in the method and basis of levying the assessment for FY 2026/27. The annual assessment budget may be subject to an increase in assessment rates of no more than three percent (3%) per year, subject to the approval of the LBDA Board of Directors.
Assessment Methodology
A. Base Formula. Assessment rates for the FY 2026/27 year will not exceed the following:
Standard Parcels: $0.31 per square foot
Government: $0.31 per square foot
B. Exemptions. Parcels zoned exclusively for single-family residential purposes with four (4) units or less will not be assessed.
Maintenance & General
Security, $74,820.30 ,
42.5%
Marketing &
Placemaking,
$74,820.30 , 42.5%
Administration &
Operations, $26,407.16 ,
15%
FY 2026/27 Budget: $176,047.76
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Surplus and Other Funding
Surplus
No funds will be carried over from FY 2025/26.
Other Funding for FY 2026/27
There are expected to be contributions from sources other than assessment funds. The estimated amount of other non-assessment funding for FY 2026/27 include:
• Sponsorships: $8,000
• Donations: $900
Maintenance &
General Security
Marketing &
Placemaking
Administration &
Operations
General
Benefit
FY 2026/27
Budget $74,820.30 $74,820.30 $26,407.16 $8,900.00
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Appendix 1 – Profit & Loss Budget Performance (July 1, 2025 – June 30, 2026) 413
Boundary Map
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LOS BANOS DOWNTOWN PROPERTY AND
BUSINESS IMPROVEMENT DISTRICT
MANAGEMENT DISTRICT PLAN AND ENGINEER’S REPORT
Prepared pursuant to the Property and Business Improvement District Law of 1994, Streets and Highways Code section 36600 et seq.
2025-2034
March 19, 2024
415
Contents
I. Overview.................................................................................................................................................... 3 II. Background ............................................................................................................................................... 5 III. Accomplishments.................................................................................................................................... 6 IV. Boundaries................................................................................................................................................. 7 V. Service Plan & Budget ............................................................................................................................ 8 VI. Assessment Rate.....................................................................................................................................12 VII. Governance.............................................................................................................................................13 VIII. Engineer’s Report ..................................................................................................................................14 Appendix 1 – Maximum Annual Assessment Rates...........................................................................................25 Appendix 2 – PBID Law..........................................................................................................................................26 Appendix 3 – Map.....................................................................................................................................................38 Appendix 4 – Parcel Assessment Calculation......................................................................................................39 Appendix 5 – Total Estimated Maximum Cost Of Improvements And Activities.....................................42 Prepared by Civitas
www.civitasadvisors.com
(800)999-7781
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I. OVERVIEW
Developed by a growing coalition of property owners, the Los Banos Downtown Property and Business Improvement District (LBDPBID) is a benefit assessment district whose main goal is to provide improvements, maintenance, and activities which constitute and convey a special benefit to assessed parcels. This approach has been used successfully in other cities throughout the country to provide special benefits to property owners, namely increased sales, attraction of new tenants, increased occupancies, and specifically increased property values. The LBDPBID was created in 2020 for an initial five (5) year term.
The Los Banos Downtown Association and property owners now wish to renew the LBDPBID for an additional ten (10) year term. As required by state law, property owners have created this Management District Plan (Plan) to renew the LBDPBID.
Location: The LBDPBID generally includes parcels in the downtown area of the City of Los Banos, bound by the southern boundaries of K Street, the western boundaries of 5th Street, the northern boundaries of I Street and the eastern boundaries of 7th Street. It also includes parcels facing south west between 5th Street and 7th Street. A detailed map can be found in Section IV.
Purpose: The purpose of the LBDPBID is to provide improvements, maintenance, and activities which constitute and convey a special benefit to assessed parcels. The LBDPBID will provide maintenance & general security and marketing & placemaking programs directly and only to assessed parcels within its boundaries.
Budget: The LBDPBID annual assessment budget for the initial year of its ten (10) year operation is anticipated to be $176,047.76. The annual assessment budget may be subject to an increase in assessment rates of no more than three percent (3%) per year. The assessment funds will be supplemented by non-assessment funds (such as grants and event income), so that the total budget for the initial year is estimated at $184,852.01. The amount of non-assessment funds is the minimum amount necessary to pay for the general benefit provided by LBDPBID programs. Further detail on the separation of special and general benefit is provided in Section VIII.
Cost: The initial assessment rate (cost to the parcel owner) to commercial and government parcels is $0.31 per parcel square foot. Parcels zoned exclusively for single-family residential purposes with four (4) units or less will not be assessed. Assessment rates may be subject to an increase of no more than three percent (3%) per year.
Renewal: LBDPBID renewal requires submittal of petitions from property owners representing more than fifty percent (50%) of the total assessment. The “Right to Vote on Taxes Act” (also known as Proposition 218) requires a ballot vote in which more than fifty percent (50%) of the ballots received, weighted by assessment, be in support of the LBDPBID.
Duration: The LBDPBID will have a ten (10)-year-life, beginning January 1, 2025, or as soon as possible thereafter, and ending ten (10) years from the start date. Near the end of the term, the petition, ballot, and City Council hearing process must be repeated for the LBDPBID to be renewed.
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Management: The Los Banos Downtown Association (LBDA) will continue to serve as the Owners’ Association for the LBDPBID.
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II. BACKGROUND
The International Downtown Association estimates that more than 2,500 Property and Business Improvement Districts (PBIDs) currently operate throughout North America. PBIDs are a time-tested tool for property owners who wish to come together and obtain collective services which benefit their properties.
PBIDs provide supplemental services in addition to those provided by local government. They may also finance physical and capital improvements. These improvements and activities are concentrated within a distinct geographic area and are funded by a special parcel assessment. Services and improvements are only provided to those who pay the assessment.
Although funds are collected by the local government, they are then directed to a private nonprofit. The nonprofit implements services and provides day-to-day oversight. The nonprofit is managed by a Board of Directors representing those who pay the assessment, to help ensure the services meet the needs of property owners and are responsive to changing conditions within the PBID.
PBIDs all over the globe have been proven to work by providing services that improve the overall viability of commercial districts, resulting in higher property values, lease rates, occupancy rates, and sales volumes.
The LBDPBID will be renewed pursuant to a state law that took effect in January of 1995. The “Property and Business Improvement District Law of 1994,” which was signed into law by Governor Pete Wilson, ushered in a new generation of Property and Business Improvement Districts in California. Key provisions of the law include:
Ø Allows a wide variety of services which are tailored to meet specific needs of assessed properties in each individual PBID;
Ø Requires property owner input and support throughout the renewal process; Ø Requires written support on both a petition and ballot from property owners paying 50% of proposed assessments;
Ø Allows for a designated, private nonprofit corporation to manage funds and implement programs, with oversight from property owners and the City; Ø Requires limits for assessment rates to ensure that they do not exceed the amount owners are willing to pay; and
Ø Requires the PBID be renewed after a certain time period, making it accountable to property owners.
The “Property and Business Improvement Business District Law of 1994” is provided in Appendix 2 of this document.
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III. ACCOMPLISHMENTS
The LBDPBID is governed by a non-profit organization known as the Los Banos Downtown Association, with Board members composed of property owners, business owners, and community members. The goal is for property and business owners to gather and collaborate, focusing their efforts on creating a vibrant place to shop, dine, work, and play. The aim is to showcase downtown as a destination that brings together and provides economic opportunities for businesses, enabling them to establish new customer connections. In addition to serving as a resource for local businesses, the LBDPBID also hosts several community events throughout the year, which have become central to the community's culture.
Downtown Los Banos offers a historic business environment from yesteryears while catering to modern needs. The tree-lined streets, outdoor music, wall murals depicting old Los Banos, inviting storefronts, and historic facades harmoniously contribute to the unique downtown Los Banos experience.
Community members and visitors stroll through the downtown, visiting the offerings found here, some of which have been serving this community for generations. Since the inception of the LBDPBID in 2020, the LBDPBID has implemented numerous programs and projects that have specially benefitted assessed parcels, including:
Ø Installment of a new camera system for the LBDPBID;
Ø Coordination with the Los Banos Police Department to support crime prevention throughout the LBDPBID;
Ø New Downtown lighting;
Ø New marketing pole banners;
Ø New seasonal banners;
Ø Partnership with the City of Los Banos on the installment of a Gateway Sign; Ø Upkeep of 30 Planters;
Ø Landscape improvements and maintenance, including the planting of trees, succulents and flowers;
Ø Partnership with the City for the trimming of trees;
Ø Installment of 30 new trash receptacles;
Ø Pressure washing of sidewalks twice a month;
Ø Removal of gum on sidewalks;
Ø Litter removal services, including garbage, debris and recycling infrastructure needs throughout the LBDPBID;
Ø Graffiti removal services; and
Ø Upgraded music in the Downtown.
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IV. BOUNDARIES
The LBDPBID generally includes parcels in the downtown area of the City of Los Banos, bound by the southern boundaries of K Street, the western boundaries of 5th Street, the northern boundaries of I Street and the eastern boundaries of 7th Street. It also includes parcels facing southwest between 5th Street and 7th Street. A detailed map is included below.
The service area includes approximately seventy-seven (77) assessed properties with fifty-five (55) property owners. The LBDPBID boundary is illustrated by the map below. A larger map is available on request by calling (916) 437-4300 or (800)999-7781.
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V. SERVICE PLAN & BUDGET
A. Renewal
Property and business owners in Downtown Los Banos had been concerned about the need for coordinated supplemental services in the area for several years. Property and business owners in the area had welcomed City services and efforts, but limited resources had not allowed for a more comprehensive approach to managing the commercial area. The LBDPBID was initially formed to address these needs.
Now, property owners within the boundaries of the LBDPBID wish to renew the PBDPBID to continue this mission.
A series of property owner meetings, a survey of property owners, and analysis of current property conditions and needs were conducted. The primary needs identified were to continue providing maintenance & general security and marketing & placemaking services. To continue to meet those needs, the renewed LBDPBID will provide these services to assessed parcels within its boundaries.
B. Improvements, Maintenance and Activities
The LBDPBID will continue to provide supplemental improvements, maintenance and activities that are above and beyond those provided by the City of Los Banos (City) and other government agencies. None of the services to be provided by the LBDPBID are provided by the City or other government agencies.
The improvements, maintenance and activities will be provided directly and only to assessed parcels; they will not be provided to parcels that are not assessed. Each and every service is unique to the LBDPBID, thus the benefits provided are particular and distinct to each assessed parcel.
1. Maintenance and General Security
The maintenance and general security programs will be designed to maintain and increase usability of assessed parcels for the benefit of assessed parcels. The maintenance programs will focus on providing a cleaner, more accessible, and more attractive environment for potential tenants and customers. The security programs will aim to increase safety and address issues which discourage property owners, tenants, and customers from visiting the LBDPBID. The maintenance and security program may include, but is not limited to:
• Pressure washing sidewalks and gum removal;
• Litter removal services, including garbage, debris and leaves throughout the LBDPBID; • Graffiti removal services;
• Landscape improvements and maintenance, including the trimming and planting of trees and flowers;
• The addition of trash receptacles;
• Parking lot maintenance;
• Enhanced security measures to surveil the LBDPBID and proactively respond to incidents occurring on assessed parcels; and
• Coordination with the Los Banos Police Department to support crime prevention throughout the LBDPBID.
2. Marketing and Placemaking
Marketing and placemaking efforts will highlight the LBDPBID as a unique destination in an effort to increase visitor activity and sales that directly benefit the assessed parcels. It is the intent of this program to allow the public to view the LBDPBID as a single destination with a rich collection of attractions, events and services. Marketing and placemaking programs may include, but are not limited to:
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• Promotions and marketing of the LBDPBID as a destination area; • Special events to attract visitors;
• Maintenance of a LBDPBID brand package and website;
• Creation and distribution of promotional materials, visitor guides, maps, press releases and newsletters; and
• The addition of pole banners, wayfinding signage, park benches, bike racks, planters, public art and other similar initiatives to market and improve the look of the LBDPBID.
3. Administration and Operations
The administration portion of the budget will be utilized for administrative costs associated with providing the services. Those costs may include rent, telephone charges, legal fees, accounting fees, postage, administrative staff, insurance, and other general office expenses.
C. Annual Assessment Budget
A projected ten (10) year budget for the LBDPBID is provided below. The overall assessment budget shall remain consistent with this Plan. In the event of a legal challenge, assessment funds may be used to defend the LBDPBID. The annual assessment budget is based on the following assumptions and guidelines:
1. The cost of providing improvements, maintenance and activities may vary depending upon the market cost for those improvements, maintenance and activities. Expenditures may require adjustment up or down to continue the intended level of improvements, maintenance and activities. The LBDA and their board shall have the authority to adjust budget allocations between the categories by no more than twenty percent (20%) of the total budget per year. Any change will be approved by the LBDA and submitted with the Annual Report.
2. Funds not spent in any given year may be rolled over to the next year.
3. The assessment rate may be subject to annual increases that will not exceed three percent (3%) per year. Increases will be determined by the LBDA and will vary each year. The projections below illustrate the maximum annual three percent (3%) increase for all budget items.
4. Each budget category includes all costs related to providing that service. For example, the marketing and placemaking budget includes the cost of staff time dedicated to overseeing and implementing the security program. Staff time dedicated purely to administrative tasks is allocated to the administration portion of the budget. The costs of an individual staff member may be allocated to multiple budget categories. The staffing levels necessary to provide the LBDPBID services will be determined by the LBDA on an as-needed basis.
D. Service Budget
The total improvement, maintenance, and activity budget for 2025 that is funded by property assessments is $176,047.76. In addition to the assessment revenue, the programs will be supplemented by nonassessment funds. The total of non-assessment funds, and the determination of special and general benefit, is included in the Engineer’s Report. The total of assessment and non-assessment funds is provided in Appendix 5. Below is an illustration of the estimated total assessment budget allocations for each budget category for the initial year of the ten (10) year term of the LBDPBID. Non-assessment funds may be shifted between budget categories as needed by the Board of the Owners’ Association. 423
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E. Annual Maximum Assessment Budget
The assessment budget below assumes the maximum annual increase of three percent (3%) is not enacted and that there are no changes to the categorical budget allocations.
Year Maintenance &
General Security
Marketing &
Placemaking
Administration &
Operations
Total
2025 $74,820.30 $74,820.30 $26,407.16 $176,047.76
2026 $74,820.30 $74,820.30 $26,407.16 $176,047.76
2027 $74,820.30 $74,820.30 $26,407.16 $176,047.76
2028 $74,820.30 $74,820.30 $26,407.16 $176,047.76
2029 $74,820.30 $74,820.30 $26,407.16 $176,047.76
2030 $74,820.30 $74,820.30 $26,407.16 $176,047.76
2031 $74,820.30 $74,820.30 $26,407.16 $176,047.76
2032 $74,820.30 $74,820.30 $26,407.16 $176,047.76
2033 $74,820.30 $74,820.30 $26,407.16 $176,047.76
2034 $74,820.30 $74,820.30 $26,407.16 $176,047.76
Total $748,203.00 $748,203.00 $264,071.60 $1,760,477.60 Maintenance & General
Security, $74,820.30 ,
42.5%
Marketing &
Placemaking,
$74,820.30 , 42.5%
Administration &
Operations, $26,407.16 ,
15%
Initial Year Assessment Budget: $176,047.76
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The assessment budget below assumes the maximum annual increase of up to three percent (3%) is enacted and that there are no changes to the categorical budget allocations.
Year Maintenance &
General Security
Marketing &
Placemaking
Administration &
Operations
Total
2025 $74,820.30 $74,820.30 $26,407.16 $176,047.76
2026 $77,064.91 $77,064.91 $27,199.37 $181,329.19
2027 $79,376.86 $79,376.86 $28,015.36 $186,769.08
2028 $81,758.16 $81,758.16 $28,855.82 $192,372.14
2029 $84,210.91 $84,210.91 $29,721.49 $198,143.31
2030 $86,737.23 $86,737.23 $30,613.14 $204,087.60
2031 $89,339.35 $89,339.35 $31,531.53 $210,210.23
2032 $92,019.53 $92,019.53 $32,477.48 $216,516.54
2033 $94,780.12 $94,780.12 $33,451.80 $223,012.04
2034 $97,623.52 $97,623.52 $34,455.35 $229,702.39
Total $857,730.89 $857,730.89 $302,728.50 $2,018,190.28 425
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VI. ASSESSMENT RATE
A. Assessment Formula
The initial assessment rate (cost to the parcel owner) to commercial and government parcels is $0.31 per parcel square foot. Parcels zoned exclusively for single-family residential purposes with four (4) units or less will not be assessed. Assessment rates may be subject to an increase of no more than three percent (3%) per year.
B. Changes in Zoning, Ownership, or Parcel Size
If the zoning, ownership, or size of a parcel within the LBDPBID boundary changes during the term of the LBDPBID the assessment amount may be modified according to the assessment methodology detailed in this Plan that is applicable to the parcel. These changes may be a result of land adjustments (including but not limited to lot splits, consolidations, right away setbacks, etc.), new construction, new ownership, or changes in zoning.
C. Assessment Notice
During the hearing process, an Assessment Notice will be sent to owners of each parcel in the LBDPBID.
The Assessment Notice provides an estimated assessment. The final individual assessment for any particular parcel may change, up or down, if they differ from those found on the Assessment Notice. A list of parcels to be included in the LBDPBID is provided within Appendix 4.
D. Time and Manner for Collecting Assessments
As provided by State Law, the LBDPBID assessment will appear as a separate line item on annual property tax bills prepared by the County of Merced. Parcels which do not receive property tax bills will be invoiced by the City. Property tax bills are generally distributed in the fall, and payment is expected by lump sum or installment. The County of Merced shall distribute funds collected to the City of Los Banos, which shall forward them to the LBDPBID. Existing laws for enforcement and appeal of property taxes, including penalties and interest, apply to the LBDPBID assessments.
E. Bonds
Bonds shall not be issued.
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VII. GOVERNANCE
A. Owners’ Association
The LBDPBID shall be governed by the Los Banos Downtown Property Owners Association, (LBDPA) with oversight from the Los Banos City Council. The LBDA shall serve as the Owners’ Association described in the Streets and Highways Code §36651. The Board of Directors of the LBDA and its staff are charged with the day-to-day operations of the LBDPBID.
B. Brown Act & Public Records Act Compliance
An Owners’ Association is a private entity and may not be considered a public entity for any purpose, nor may its board members or staff be considered to be public officials for any purpose. The Owners’ Association is, however, subject to government regulations relating to transparency, namely the Ralph M.
Brown Act and the California Public Records Act. These regulations are designed to promote public accountability. The Owners’ Association must act as a legislative body under the Ralph M. Brown Act (Government Code §54950 et seq.). Thus, meetings of the LBDA Board of Directors and certain committees must be held in compliance with the public notice and other requirements of the Brown Act.
The Owners’ Association is also subject to the record keeping and disclosure requirements of the California Public Records Act.
C. Annual Report
The LBDAshall present an annual report at the end of each year of operation to the City Council pursuant to Streets and Highways Code §36650 (see Appendix 2). The annual report is a prospective report for the upcoming year and must include:
1. Any proposed changes in the boundaries of the LBDPBID or in any benefit zones or classification of property within the district;
2. The improvements, maintenance, and activities to be provided for that fiscal year;
3. The estimated cost of providing the improvements, maintenance, and activities to be provided for that fiscal year;
4. The method and basis of levying the assessment in sufficient detail to allow each real property owner to estimate the amount of the assessment to be levied against his or her property for that fiscal year;
5. The estimated amount of any surplus or deficit revenues to be carried over from a previous fiscal year; and
6. The estimated amount of any contributions to be made from sources other than assessments levied pursuant to this Plan.
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VIII. ENGINEER’S REPORT
The LBDPBID’s parcel assessments will be imposed in accordance with the provisions of Article XIII D of the California Constitution. Article XIII D provides that “only special benefits are assessable,”1 and requires the City to “separate the general benefits from the special benefits conferred on a parcel.”2 Special benefits are a “particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public-at-large.”3 Conversely, a general benefit is “conferred on real property located in the district or to the public-at-large.”4 Assessment law also mandates that “no assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel.”5
The Engineer determined the total cost of the improvements, maintenance and activities, quantified the general benefit accruing to the public-at-large and non-assessed parcels adjacent to and within the LBDPBID, and separated that amount from the special benefit accruing to the assessed parcels. Then, the Engineer determined the proportional special benefit derived by each parcel and allocated the special benefit value of the improvements, maintenance, and activities accordingly. The Engineer’s determinations and detailed calculations are summarized in this report.
A. Separation of General and Special Benefits
Each of the improvements, maintenance and activities, and the associated costs and assessments within the LBDPBID, were reviewed, identified, and allocated based on special and general benefits pursuant to Article XIII D of the California Constitution. The assessment has been apportioned based on the proportional special benefits conferred to the assessed parcels located within the LBDPBID boundaries as determined below.
1. General Benefits
The California Constitution mandates that “only special benefits are assessable, and an agency shall separate the general benefits from the special benefits.”6 “Generally, this separation and quantification of general and special benefits must be accomplished by apportioning the cost of a service or improvement between the two and assessing property owners only for the portion of the cost representing special benefits.”7 The first step that must be undertaken to separate general and special benefits provided by the PBID’s improvements, maintenance and activities is to identify and quantify the general benefits. a. General Benefit to the Public-at-Large
Although the improvements, maintenance, and activities are narrowly designed and carefully implemented to specially benefit the assessed parcels, and are only provided directly to assessed parcels, they will generate a general benefit to the public-at-large within the LBDPBID. State law indicates that “Activities undertaken for the purpose of conferring special benefits upon property to be assessed inherently produce incidental or collateral effects that benefit property or persons not assessed.”8However, “the mere fact thatspecial benefits produce incidental or collateral effectsthat benefit property or persons not assessed does not convert any portion of those special benefits or their incidental 1 Cal. Const., art. XIII D, §4(a) 2 Cal. Const., art. XIII D, §4(a) 3 Id, §2(i) 4 Cal Const., art XIII D §2(i)
5 Cal. Const., art XIII D, §4(a) 6 Cal. Const., art XIII D, §4(a) 7 Golden Hill Neighborhood Association v. City of San Diego (2011) 199 Cal.App.4th 416 8 Streets and Highways Code section 36601(h)(2)
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or collateral effects into general benefits.”9 Further, “the value of any incidental or collateral effects that arise from the improvements, maintenance or activities of a property-based district and that benefit property or persons not assessed shall not be deducted from the entirety of the cost of any special benefit or affect the proportionate special benefit derived by each identified parcel.”10 Intercept surveys conducted in similar districts have found that approximately 98.6% of pedestrian traffic within the district boundaries is engaged in business on assessed parcels, while the remaining approximately 1.4% is simply passing through and not engaging in business on the assessed parcels.11 To ensure that the assessment dollars do not fund general benefits to the public-at-large, that portion of the cost of services will be paid for with funds not obtained through assessments. Out of an abundance of caution, the 1.4% figure was rounded to 2% for the purposes of this Engineers Report.
The 2% of traffic passing through does not have any connection to the assessed parcels, and therefore does not represent a special benefit to the assessed parcels. The 2% will, however, receive a derivative and indirect general benefit as a result of the improvements, maintenance, and activities being provided in the LBDPBID. Therefore, it is estimated that 2% of the benefit created by the LBDPBID’s services is general benefit provided to the public-at-large. To ensure that the assessment dollars do not fund general benefits to the public-at-large, that portion of the cost of activities and improvements will be paid for with funds not obtained through assessments. Using the 2% figure, based on the initial year activity and improvement budget, the value of this general benefit to the public-at-large is $3,697.04 ($184,852.01 *0.02).
b. General Benefit to Non-Assessed Parcels
Although they are only provided directly to the assessed parcels, the LBDPBID’s improvements, maintenance, and activities may also confer general benefits upon non-assessed parcels within and surrounding the LBDPBID. The California Court of Appeals has found that “services specifically intended for assessed parcels concomitantly confer collateral general benefits to surrounding properties.”12 It is reasonable to conclude that improvements, maintenance, and activities within the LBDPBID will have an incidental impact on non- assessed parcelssurrounding or within the LBDPBID boundaries.Although the legislature hasindicated that “the value of any incidental or collateral effectsthat arise from the improvements, maintenance, or activities of a property-based district and that benefit property or persons not assessed shall not be deducted fromthe entirety ofthe cost of any special benefit,”13 the California Court of Appeals has noted that “the characterization of a benefit may depend on whether the parcel receives a direct advantage from the improvement…or receives an indirect, derivative advantage resulting from the overall public benefits of the improvement.”14 Those derivative and indirect impacts are considered general benefits and will be quantified and separated.
In this Engineer’s opinion, because improvements, maintenance, and activities are provided only within the LBDPBID and on its perimeter, parcels separated from the LBDPBID by either at least one intervening parcel or an impassable physical barrier such as a wall, freeway, or ditch will not receive spill over benefits. Parcels separated from the LBDPBID will not benefit because they are physically removed from the actual location of improvements, maintenance, and activities provided, and do not 9 Ibid
10 Streets and Highways Code Section 36622(k)(2)
11 Surveys conducted in: North Park, San Diego (January 2015); Mack Road, Sacramento (July 2014); and Sunrise MarketPlace, Citrus Heights (December 2013)
12 Beutz v. Riverside (2010) 184 Cal.App.4th 1516 13 Streets and Highways Code section 36622(k)(2) 14 Tiburon v. Bonander (2009) 180 Cal.App.4th 1057, 1077 429
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face serviced parcels. Therefore, this analysis considers non-assessed parcels within the LBDPBID’s boundaries and surrounding parcelsthat are immediately adjacent to and accessible from the LBDPBID’s boundaries.
The total LBDPBID improvements, maintenance, and activities budget for the initial year of renewal is $184,852.01. After reducing the improvements, maintenance, and activities budget by the general benefit to the public-at-large ($3,697.04), the remaining benefit to parcels is $181,154.97. This benefit has been distributed to both assessed and non-assessed parcels using the following methodology. The general benefit to the public-at-large has been proportionally allocated to the LBDPBID‘s improvements, maintenance, and activities categories as shown in the following table.
Category Benefit to Parcels Benefit to Publicat-LargeTotal Maintenance & General Security $76,748.47 $1,566.30 $78,314.77 Marketing & Placemaking $77,233.26 $1,576.19 $78,809.44 Administration & Operations $27,173.24 $554.55 $27,727.80 Total $181,154.97 $3,697.04 $184,852.01
To determine the general benefit to parcels, the Engineer assigned each parcel group a benefit factor, determined the appropriate parcel characteristic to use in the calculation, multiplied the benefit factor by the benefit characteristic to determine the benefit units attributable to each parcel group, and apportioned the remaining service cost (service cost minus general benefit to the public) in accordance with the benefit units derived by each parcel group.
i. Benefit Factors
All parcels within and adjacent to the LBDPBID have been assigned a benefit factor to mathematically represent the proportional special and general benefit and quantify the value of each. The determination of benefit factors for each type of improvement, maintenance, and activity follows.
Improvements
The improvements to be provided by the LBDPBID provide two types of special benefits:
• Improvement – The primary special benefit provided by the LBDPBID’s improvements is the improvements themselves, which are available to tenants and customers of assessed parcels. • Proximity – The LBDPBID’s improvements also provide the special benefit of being in proximity to a parcel that is benefitting from an improvement, as parcels will enjoy the spillover benefits of neighboring parcels utilizing the improvements.
The majority of the benefit is the improvements themselves; proximity is a lesser benefit. It is this Engineer’s estimation that eighty-five percent (85%) of the special benefit from the LBDPBID’s improvements is the improvement, while the proximity special benefit accounts for fifteen percent (15%) of the special benefit. Assessed parcels will receive both benefits; non-assessed parcels within and adjacent to the LBDPBID will not be directly improved, and therefore only receive the general benefit of proximity. 430
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Tangible Activities
The tangible activities (those that are physically provided via a person or people working throughout the district) to be provided by the LBDPBID generate three types of special benefits:
• Service – The primary special benefit provided by the LBDPBID’s physical activities is the actual service. That is, the actual cleanliness and safety created by security and maintenance personnel. • Presence – The LBDPBID’s physical activities also provide the special benefit of an individual’s presence on the assessed parcel as the activities are provided, which can have a deterrent effect and creates a positive impression that the area is well-maintained and safe. The “Disneyland effect” is the benefit the parcels receive from the observation that parcels are being maintained. There are studies which link the perception of cleanlinessto a perception of increased security. • Proximity – The LBDPBID’s physical activities also provide the special benefit of being in proximity to a more maintained, safer parcel. Neighboring parcels enjoy the spillover benefits of being adjacent to increased maintenance and security.
The majority of the benefit received by the parcels is the results of the LBDPBID’s services; onsite presence and proximity are lesser benefits. It is this Engineer’s estimation that seventy-five percent (75%) of the special benefit from the LBDPBID’s physical activities is the service, while the presence and proximity benefits each accountfortwelve and one-half percent (12.5% presence, 12.5% proximity) of the special benefit. Assessed parcels will receive all three benefits; non-assessed parcels within and adjacent to the District will not be directly serviced and therefore only receive the general benefit of proximity.
Intangible Activities
Some of the LBDPBID’s activities, such as marketing, are distinct in that they are not provided to a targeted area within the LBDPBID, rather they are provided via internet, radio, and other forms of media and targeted at an audience outside the LBDPBID in an effort to bring the audience into the LBDPBID.
These activities provide the special benefits of promotion:
Direct Exposure – The primary special benefit provided by the LBDPBID’s intangible activities is exposure. The intangible activities increase awareness of the LBDPBID as a commercial and business destination and lead to increased patronage.
Incidental Exposure – The LBDPBID’s intangible activities will also have a secondary special benefit of incidental exposure, such as word-of-mouth exposure, that results from the direct exposure and increases awareness of the LBDPBID as a commercial and business destination.
The majority of the benefit from these activities is the direct exposure; the incidental exposure is a lesser benefit. It is this Engineer’s estimation that ninety percent (90%) of the special benefit from the intangible activities is direct exposure, while ten percent (10%) is incidental exposure. Assessed parcels will receive both as special benefits; non-assessed parcels within and adjacent to the LBDPBID will not be directly marketed and therefore only receive the general benefit of incidental exposure. 431
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Factors Determined
Based on the foregoing analysis, all assessed parcels within the LBDPBID specially benefit from the LBDPBID’simprovements, maintenance, and activities, and have been assigned a benefitfactor of 1.0. Parcels that are not assessed have been assigned benefitfactors based on the portion ofthe benefittheywillreceive, as described above. Instead, the non-assessed parcels will benefit from fifteen percent (15%) of the improvements, twelve and one-half percent (12.5%) of the tangible activities and ten percent (10%) of the intangible activities; therefore, they have been assigned benefit factors of 0.15, 0.125 and 0.10 respectively. ii. Non-Assessed Benefit Characteristics
There are two types of parcels that are not assessed; those within the LBDPBID and those immediately adjacent to and accessible from the LBDPBID. Because they generally benefit in a differing manner, distinct parcel characteristics are used to quantify the general benefit to each type. • Inside – Non-assessed parcels inside of the LBDPBID are surrounded by parcels that are assessed and receiving the full special benefits; they will, therefore, receive the general benefit of proximity. These parcels are impacted on more than one side by the LBDPBID’s improvements, maintenance, and activities, marketing has a direct impact all around them, and activities and improvements are provided all around them. Because these parcels are surrounded by specially benefitted parcels, it is appropriate that parcel square footage be used to measure the general benefit they receive. • Adjacent –Adjacent parcels are those that are immediately adjacent to or directly acrossthe street from specially benefitted parcels, and accessible from specially benefitted parcels. These parcels generally benefit differently than those inside the LBDPBID, because these parcels are adjacent to,ratherthan surrounded by,specially benefitted parcels. Square footage is not an appropriate measure of benefit to these parcels. Because the parcels are not surrounded by serviced parcels, a long, shallow parcel with the same square footage as a deep, narrow parcel will receive a different level of general benefit.
Likewise,two parcelswith the same depth but a differentwidth adjacent to serviced parcelswill benefit differently. To account for this difference, it is appropriate that parcel linear frontage be used to measure the general benefit the adjacent parcels receive. The linear footage is the length of parcels fronting public streets. The amount listed for “assessed linear feet” isthe value for all assessed parcels within the LBDPBID and the amount listed for “non-assessed linear feet” is the value for all nonassessed parcels adjacent to the district boundary. iii. Calculations
To quantify and separate the general benefit to non-assessed parcels, the following calculations were undertaken for each budget category.
1. The total service budget for each category was determined and the amount of general benefit to the public-at-large was subtracted from the category budget.
2. The benefit factor applicable to each improvement, maintenance, and activity was multiplied by the parcel square footage or linear frontage of assessed and non-assessed parcels, to determine the number of benefit units received by each parcel group.
3. The benefit units for all parcel groups were summed, and the percentage of benefit units attributable to each parcel group was calculated.
4. The total remaining improvements, maintenance, and activities budget, less the amount already determined to be general benefit to the public-at-large, was allocated to general and special benefit categories for each parcel group using the calculated benefit percent and applicable benefit characteristic methodology.
5. The special and general benefit resulting from the administration and policy development / 432
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contingency portions of the budget were determined based on the proportional allocation of benefits derived from improvements, maintenance, and activities.
Maintenance & General Security
The maintenance & general security budget, minus the amount of general benefit to the public-at-large ($1,566.30), is $77,233.26. The calculations below determine the amount of general benefit to nonassessed parcels within the LBDPBID.
Parcel Type
Square
Footage
Benefit
Factor Benefit Units
Benefit
Percent
Remaining
Budget
Assessed 567,896.00 X 1.000 = 567,896.00 99.263% X $77,233.26 = $76,663.74 Non-Assessed 33,750.00 X 0.125 = 4,218.75 0.737% X $77,233.26 = $569.51 The maintenance & general security, minus the amount of general benefit to the public and non- assessed parcels within the LBDPBID, is $76,663.74. The calculations below determine the amount of general benefit to parcels adjacent to the LBDPBID.
Parcel Type
Linear
Frontage
Benefit
Factor Benefit Units
Benefit
Percent
Remaining
Budget
Inside 7,118.00 X 1.000 = $7,118.00 97.595% X $76,663.74 = $74,820.30 Adjacent 1,403.00 X 0.125 = $175.38 2.405% X $76,663.74 = $1,843.44 Therefore, the allocation of the maintenance & general security budget is as follows:
General Benefit – Public At Large $1,576.19
General Benefit – Inside Parcels $569.51
General Benefit – Adjacent Parcels $1,843.44
Special Benefit $74,820.30
Total $78,809.44
Marketing & Placemaking
The marketing & placemaking budget, minus the amount of general benefit to the public-at-large, is $76,748.47. The calculations below determine the amount of general benefit to non-assessed parcels within the LBDPBID.
Parcel Type
Square
Footage
Benefit
Factor Benefit Units
Benefit
Percent
Remaining
Budget
Assessed 567,896.00 X 1.000 567,896.00 99.409% X $76,748.47 = $76,295.05 NonAssessed 33,750.00 X 0.10 3,375.00 0.591% X $76,748.47 = $453.42 The marketing & placemaking budget, minus the amount of general benefit to the public and nonassessed parcels within the LBDPBID, is $76,295.05. The calculations below determine the amount of general benefit to parcels adjacent to the LBDPBID.
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Parcel Type
Linear
Frontage
Benefit
Factor Benefit Units
Benefit
Percent
Remaining
Budget
Inside 7,118.00 X 1.000 7,118.00 98.067% X $76,295.05 = $74,820.30 Adjacent 1,403.00 X 0.100 140.30 1.933% X $76,295.05 = $1,474.75 Therefore, the allocation of the maintenance & general security budget is as follows:
General Benefit – Public At Large $1,566.30
General Benefit – Inside Parcels $453.42 1
General Benefit – Adjacent Parcels $1,474.75
Special Benefit $74,820.30
Total $78,314.77
Administration & Operations
The administration & operations budget line items relate to the improvements, maintenance, and activities provided. These costs have been allocated proportionally based on the special and general benefit provided by each category.
Special Benefit
to Parcels
General Benefit
to Parcels
Maintenance & General
Security $74,820.30 $1,928.17
Marketing & Placemaking $74,820.30 $2,412.96
Activity Totals $149,640.60 $4,341.13
Percent 97.181% 2.819%
Administration &
Operations $26,407.16 $766.08
Total Parcel Benefits $176,047.76 $5,107.21
iv. Total Benefits
Based on the foregoing calculations, the total benefits to assessed parcels, non-assessed parcels, and the general public are:
Special
Benefit to
Parcels
General
Benefit to
Parcels
General
Benefit to
Public Total
Maintenance &
General Security $74,820.30 $1,928.17 $1,566.30 $78,314.77 Marketing &
Placemaking $74,820.30 $2,412.95 $1,576.19 $78,809.44
Administration
& Operations $26,407.16 $766.08 $554.55 $27,727.80
Total $176,047.76 $5,107.20 $3,697.05 $184,852.01
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c. Non-Assessment Funding
The programs funded by the LBDPBID receive additional non-assessment funding in the form of grants, corporate sponsorships, event income, and other miscellaneous funds. These funding sources are anticipated to equal or exceed the amount of general benefit conferred annually by the LBDPBID’s improvements, maintenance, and activities, $8,804.25. These non-assessment funds will be used to pay for the general benefit provided by the LBDPBID’s improvements, maintenance, and activities, ensuring that parcel assessments will only be used to provide special benefits and “any additional costs of providing general benefits [are] not included in the amounts assessed.”15
2. Special Benefit
The improvements, maintenance, and activities to be provided by the LBDPBID constitute and convey special benefits directly to the assessed parcels. Assessment law requires that “the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the property related service being provided.”16 Further, “no assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel.”17 Special benefit “includesincidental or collateral effectsthat arise from the improvements, maintenance, or activities of property-based districts even if those incidental or collateral effects benefit property or persons not assessed.”18
To determine the total special benefit value to be conveyed to the assessed parcels, we deduct the general benefit value ($8,804.25) from the total value of the improvements, maintenance, and activities ($184,852.01). The remaining $176,047.76 is considered the special benefit to assessed parcels(the “Total Assessment”). The Total Assessment represents the total value of the special benefit to be provided by the improvements, maintenance, and activities. The TotalAssessment has been proportionally divided among the assessed parcels so that no assessment exceeds the reasonable cost of the proportional special benefit conferred on a parcel. The assessment rate has been designed to ensure that “properties that receive the same proportionate special benefit pay the same assessment.”19 Service Provided
Total Benefit
Value
General
Benefit Value
to Public
Benefit
Value to
Parcels
(Special &
General)
Special Benefit
to Assessed
Parcels
Maintenance &
General Security $78,314.77 $3,494.47 $76,748.47 $74,820.30 Marketing &
Placemaking $78,809.44 $3,989.14 $77,233.26 $74,820.30
Administration &
Operations $27,727.80 $1,320.64 $27,173.24 $26,407.16
TOTAL $184,852.01 $8,804.25 $181,154.97 $176,047.76
15 Streets and Highways Code section 36632(a) 16 Cal. Const., art XIII D §4(a) 17 Ibid 18 Streets and Highways Code section 36615.5
19 Tiburon v. Bonander (2009) 180 Cal.App.4th 1057
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B. Assessment Methodology
1. Base Formula
Each parcel will be assessed based on proportional special benefits received. The variables used for the annual assessment formula are parcel type and parcel square footage. These variables are appropriate measures of the proportional special benefit because the need for services, level of services, and quantity of services are all relative to these variables; thus the special benefit provided to each parcel by the services can be proportionally measured using these variables.
Determination of Assessment Rates
“Because not all parcels in the district are identical in size…some will receive more special benefit than others.”20 Each of the variables used relates directly to the service level and special benefit provided to each parcel. Parcel square footage is the size of the parcel, measured in square feet. Size is an appropriate measure of proportional special benefit because it relates directly to the quantity of services provided to the parcel, the highest and best use of a parcel, and reflects the long-term value implications of the LBDPBID. The larger a parcel, the more services and benefit the parcel will receive. To determine the assessment rates, the estimated special benefit value for assessed parcels was divided by the total assessable parcel square footage as shown in the table below.
Parcel Type Initial Parcel
Size Budget
Parcel
Square
Footage
Initial Parcel
Assessment
Rate
($/sqft/yr)
Standard $176,047.76 ÷ 567,896 = $0.31
Summary of Assessment Rates
Therefore, the annual cost to commercial parcels is $0.31 per parcel square foot. For instance, a commercial parcel with 1,000 parcel square feet would pay $310 for the initial renewal year (1,000 * $0.31).
In the initial renewal year of the LBPBID, the rate will not exceed $0.31 per parcel square foot. The assessment rate may be subject to an increase of no more than three percent (3%) per year after the initial year. The maximum annual assessment rates are shown in Appendix 1. If you would like more information about parcel assessments, please call Civitas at (916) 437-4300 or (800) 999-7781.
Parcel Categorization
Assessment categories for each parcel were determined based on the parcel’s land use code as shown in the Assessor’s Records and supplemented by other available information. In general, the assessment category for each parcel reflects the use of the parcel as described by its land use code. In cases where the land use code and actual use differ, the actual use prevails for classification purposes.
2. Standard Parcels
Standard parcels include commercial and government parcels and will receive and benefit from all LBDPBID activities and improvements, and will therefore be assessed the full rate. 20 Dahms v. Downtown Pomona (2009) 174 Cal.App.4th 708
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3. Government Parcels
The California Constitution, in Article XIII D, provides that “parcels within a district that are owned or used by any agency, the State of California or the United States shall not be exempt from assessment unless the agency can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit.” No public agency owning parcels in the district has made such a demonstration.
4. Non-Assessed Parcels
There are six (6) parcels within the LBDPBID that will not be assessed. These parcels will not specially benefit from or directly receive the LBDPBID’s improvements, maintenance, and activities. These parcels are accounted for in the analysis of general benefit provided to non-assessed parcels within the LBDPBID.
• Residential Parcels: The state legislature has determined that “properties zoned exclusively for residential use, or that are zoned for agricultural use, are conclusively presumed not to benefit from the improvements and services funded through these assessments, and shall not be subject to any assessment.” The activities and improvements to be provided are designed to specially benefit standard parcels via increased commerce, occupancy, and lease rates. None of these benefits apply to residential parcels, which will not be serviced or benefit from the LBDPBID’s activities and improvements. Residential parcels are those parcels with four family units or less, residential common areas, residential condos and planned unit development of single-family residences. There are six (6) residential parcels within the LBDPBID that will not be assessed.
5. Changes in Data
Every effort has been made to ensure each parcel included in the LBDPBID is clearly identified and that all parcels included in the LBDPBID are consistent in the boundary map and the assessment calculation table. However, errors in data can and may arise or data may change after formation of the LBDPBID.
Inconsistencies may include updated parcel sizes or parcel splits. If inconsistencies arise, the order of precedence shall be: 1) the assessment calculation table and 2) the boundary map. Based on the assessment calculation table, a parcel owner could calculate if the appropriate assessment amount was charged. Additionally, using the boundary map, a parcel owner could determine if its APN was correctly identified.
If the parcel size or type of a parcel changes during the term of the LBDPBID, the assessment calculation may be modified accordingly.
C. Assessment Notice
During the hearing process, an Assessment Ballot will be sent to owners of each parcel in the LBDPBID.
The Assessment Ballot provides an estimated assessment. The final individual assessment for any particular parcel may change, up or down, if the parcel square footage or type differ from those used to calculate the amount shown on the notice, which can be found in Appendix 4.
D. Time and Manner for Collecting Assessments
As provided by State Law, the LBDPBID assessment will appear as a separate line item on annual property tax bills prepared by the County of Merced. Property tax bills are generally distributed in the fall, and payment is expected by lump sum or installment. The City of Los Banos shall distribute funds collected to the Owners’ Association. Existing laws for enforcement and appeal of property taxes, including penalties and interest, apply to the LBDPBID assessments. 437
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E. Engineer’s Certification
I hereby certify, to the best of my knowledge and experience, that each of the identified assessed parcels located within the Los Banos Downtown Property and Business Improvement District will receive a special benefit over and above the general benefits conferred and that the amount of the assessment is no greater than the proportional special benefits conferred on each parcel, as described in this Engineer’s Report.
Review of this Los Banos Downtown Property and Business Improvement District Management District Plan and preparation of the Engineer’s Report was completed by:
Ross Peabody State of California
March 19, 2024
Date
This Engineer’s Report is intended to be distributed as part of the Management District Plan in its entirety, including the Assessment Calculation Table and the Boundary Map. Reproduction and distribution of only Section VIII of this Management District Plan violates the intent of this stamp and signature. 438
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APPENDIX 1 – MAXIMUM ANNUAL ASSESSMENT RATES
The table below illustrates the maximum annual assessment rate with the assumption that the rates will be increased annually by three percent (3%) with approval of the LBDA. The maximum rates listed are a required disclosure and not the anticipated course of action.
Year Assessment Rate
2025 $0.31
2026 $0.32
2027 $0.33
2028 $0.34
2029 $0.35
2030 $0.36
2031 $0.37
2032 $0.38
2033 $0.39
2034 $0.40
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APPENDIX 2 – PBID LAW
*** THIS DOCUMENT IS CURRENT THROUGH THE 2023 SUPPLEMENT *** (ALL 2022 LEGISLATION)
STREETS AND HIGHWAYS CODE
DIVISION 18. PARKING
PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 CHAPTER 1. General Provisions
ARTICLE 1. Declarations
36600. Citation of part
This part shall be known and may be cited as the “Property and Business Improvement District Law of 1994.” 36601. Legislative findings and declarations; Legislative guidance The Legislature finds and declares all of the following:
(a) Businesses located and operating within business districts in some of this state’s communities are economically disadvantaged, are underutilized, and are unable to attract customers due to inadequate facilities, services, and activities in the business districts.
(b) It is in the public interest to promote the economic revitalization and physical maintenance of business districts in order to create jobs, attract new businesses, and prevent the erosion of the business districts. (c) It is of particular local benefit to allow business districts to fund business related improvements, maintenance, and activities through the levy of assessments upon the businesses or real property that receive benefits from those improvements.
(d) Assessments levied for the purpose of conferring special benefit upon the real property or a specific benefit upon the businesses in a business district are not taxes for the general benefit of a city, even if property, businesses, or persons not assessed receive incidental or collateral effects that benefit them. (e) Property and business improvement districts formed throughout this state have conferred special benefits upon properties and businesses within their districts and have made those properties and businesses more useful by providing the following benefits:
(1) Crime reduction. A study by the Rand Corporation has confirmed a 12-percent reduction in the incidence of robbery and an 8-percent reduction in the total incidence of violent crimes within the 30 districts studied.
(2) Job creation.
(3) Business attraction.
(4) Business retention.
(5) Economic growth.
(6) New investments.
(f) With the dissolution of redevelopment agencies throughout the state, property and business improvement districts have become even more important tools with which communities can combat blight, promote economic opportunities, and create a clean and safe environment. (g) Since the enactment of this act, the people of California have adopted Proposition 218, which added Article XIII D to the Constitution in order to place certain requirements and restrictions on the formation of, and activities, expenditures, and assessments by property-based districts. Article XIII D of the Constitution provides that property-based districts may only levy assessments for special benefits. (h) The act amending this section is intended to provide the Legislature’s guidance with regard to this act, its interaction with the provisions of Article XIII D of the Constitution, and the determination of special benefits in property-based districts.
(1) The lack of legislative guidance has resulted in uncertainty and inconsistent application of this act, which discourages the use of assessments to fund needed improvements, maintenance, and activities in property-based districts, contributing to blight and other underutilization of property. 440
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(2) Activities undertaken for the purpose of conferring special benefits upon property to be assessed inherently produce incidental or collateral effects that benefit property or persons not assessed.
Therefore, for special benefits to exist as a separate and distinct category from general benefits, the incidental or collateral effects of those special benefits are inherently part of those special benefits.
The mere fact that special benefits produce incidental or collateral effects that benefit property or persons not assessed does not convert any portion of those special benefits or their incidental or collateral effects into general benefits.
(3) It is of the utmost importance that property-based districts created under this act have clarity regarding restrictions on assessments they may levy and the proper determination of special benefits.
Legislative clarity with regard to this act will provide districts with clear instructions and courts with legislative intent regarding restrictions on property-based assessments, and the manner in which special benefits should be determined.
36602. Purpose of part
The purpose of this part is to supplement previously enacted provisions of law that authorize cities to levy assessments within property and business improvement districts, to ensure that those assessments conform to all constitutional requirements and are determined and assessed in accordance with the guidance set forth in this act. This part does not affect or limit any other provisions of law authorizing or providing for the furnishing of improvements or activities or the raising of revenue for these purposes.
36603. Preemption of authority or charter city to adopt ordinances levying assessments Nothing in this part is intended to preempt the authority of a charter city to adopt ordinances providing for a different method of levying assessments for similar or additional purposes from those set forth in this part. A property and business improvement district created pursuant to this part is expressly exempt from the provisions of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 (Division 4 (commencing with Section 2800)). 36603.5. Part prevails over conflicting provisions
Any provision of this part that conflicts with any other provision of law shall prevail over the other provision of law, as to districts created under this part.
36604. Severability
This part is intended to be construed liberally and, if any provision is held invalid, the remaining provisions shall remain in full force and effect. Assessments levied under this part are not special taxes.
ARTICLE 2. Definitions
36606. “Activities”
“Activities” means, but is not limited to, all of the following that benefit businesses or real property in the district:
(a) Promotion of public events.
(b) Furnishing of music in any public place.
(c) Promotion of tourism within the district.
(d) Marketing and economic development, including retail retention and recruitment. (e) Providing security, sanitation, graffiti removal, street and sidewalk cleaning, and other municipal services supplemental to those normally provided by the municipality. (f) Other services provided for the purpose of conferring special benefit upon assessed real property or specific benefits upon assessed businesses located in the district. 36606.5. “Assessment”
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“Assessment” means a levy for the purpose of acquiring, constructing, installing, or maintaining improvements and providing activities that will provide certain benefits to properties or businesses located within a property and business improvement district.
36607. “Business”
“Business” means all types of businesses and includes financial institutions and professions. 36608. “City”
“City” means a city, county, city and county, or an agency or entity created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, the public member agencies of which includes only cities, counties, or a city and county, or the State of California. 36609. “City council”
“City council” means the city council of a city or the board of supervisors of a county, or the agency, commission, or board created pursuant to a joint powers agreement and which is a city within the meaning of this part. 36609.4. “Clerk”
“Clerk” means the clerk of the legislative body.
36609.5. “General benefit”
“General benefit” means, for purposes of a property-based district, any benefit that is not a “special benefit” as defined in Section 36615.5.
36610. “Improvement”
“Improvement” means the acquisition, construction, installation, or maintenance of any tangible property with an estimated useful life of five years or more including, but not limited to, the following:
(a) Parking facilities.
(b) Benches, booths, kiosks, display cases, pedestrian shelters and signs. (c) Trash receptacles and public restrooms.
(d) Lighting and heating facilities.
(e) Decorations.
(f) Parks.
(g) Fountains.
(h) Planting areas.
(i) Closing, opening, widening, or narrowing of existing streets. (j) Facilities or equipment, or both, to enhance security of persons and property within the district. (k) Ramps, sidewalks, plazas, and pedestrian malls.
(l) Rehabilitation or removal of existing structures.
36611. “Management district plan”; “Plan”
“Management district plan” or “plan” means a proposal as defined in Section 36622. 36612. “Owners’ association”
“Owners’ association” means a private nonprofit entity that is under contract with a city to administer or implement improvements, maintenance, and activities specified in the management district plan. An owners’ association may be an existing nonprofit entity or a newly formed nonprofit entity. An owners’ association is a private entity and may not be considered a public entity for any purpose, nor may its board members or staff be considered to be public officials for any purpose. Notwithstanding this section, an owners’ association shall comply with the Ralph M. Brown Act (Chapter 9 442
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(commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code), at all times when matters within the subject matter of the district are heard, discussed, or deliberated, and with the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), for all records relating to activities of the district.
36614. “Property”
“Property” means real property situated within a district. 36614.5. “Property and business improvement district”; “District” “Property and business improvement district,” or “district,” means a property and business improvement district established pursuant to this part.
36614.6. “Property-based assessment”
“Property-based assessment” means any assessment made pursuant to this part upon real property. 36614.7. “Property-based district”
“Property-based district” means any district in which a city levies a property-based assessment. 36615. “Property owner”; “Business owner”; “Owner”
“Property owner” means any person shown as the owner of land on the last equalized assessment roll or otherwise known to be the owner of land by the city council. “Business owner” means any person recognized by the city as the owner of the business. “Owner” means either a business owner or a property owner. The city council has no obligation to obtain other information as to the ownership of land or businesses, and its determination of ownership shall be final and conclusive for the purposes of this part. Wherever this part requires the signature of the property owner, the signature of the authorized agent of the property owner shall be sufficient. Wherever this part requires the signature of the business owner, the signature of the authorized agent of the business owner shall be sufficient. 36615.5. “Special benefit”
(a) “Special benefit” means, for purposes of a property-based district, a particular and distinct benefit over and above general benefits conferred on real property located in a district or to the public at large. Special benefit includes incidental or collateral effects that arise from the improvements, maintenance, or activities of property-based districts even if those incidental or collateral effects benefit property or persons not assessed. Special benefit excludes general enhancement of property value.
(b) “Special benefit” also includes, for purposes of a property-based district, a particular and distinct benefit provided directly to each assessed parcel within the district. Merely because parcels throughout an assessment district share the same special benefits does not make the benefits general. 36616. “Tenant”
“Tenant” means an occupant pursuant to a lease of commercial space or a dwelling unit, other than an owner.
ARTICLE 3. Prior Law
36617. Alternate method of financing certain improvements and activities; Effect on other provisions This part provides an alternative method of financing certain improvements and activities. The provisions of this part shall not affect or limit any other provisions of law authorizing or providing for the furnishing of improvements or activities or the raising of revenue for these purposes. Every improvement area established pursuant to the Parking and 443
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Business Improvement Area Law of 1989 (Part 6 (commencing with Section 36500) of this division) is valid and effective and is unaffected by this part.
CHAPTER 2. Establishment
36620. Establishment of property and business improvement district A property and business improvement district may be established as provided in this chapter. 36620.5. Requirement of consent of city council
A county may not form a district within the territorial jurisdiction of a city without the consent of the city council of that city. A city may not form a district within the unincorporated territory of a county without the consent of the board of supervisors of that county. A city may not form a district within the territorial jurisdiction of another city without the consent of the city council of the other city.
36621. Initiation of proceedings; Petition of property or business owners in proposed district (a) Upon the submission of a written petition, signed by the property or business owners in the proposed district who will pay more than 50 percent of the assessments proposed to be levied, the city council may initiate proceedings to form a district by the adoption of a resolution expressing its intention to form a district.
The amount of assessment attributable to property or a business owned by the same property or business owner that is in excess of 40 percent of the amount of all assessments proposed to be levied, shall not be included in determining whether the petition is signed by property or business owners who will pay more than 50 percent of the total amount of assessments proposed to be levied. (b) The petition of property or business owners required under subdivision (a) shall include a summary of the management district plan. That summary shall include all of the following:
(1) A map showing the boundaries of the district.
(2) Information specifying where the complete management district plan can be obtained. (3) Information specifying that the complete management district plan shall be furnished upon request.
(c) The resolution of intention described in subdivision (a) shall contain all of the following:
(1) A brief description of the proposed improvements, maintenance, and activities, the amount of the proposed assessment, a statement as to whether the assessment will be levied on property or businesses within the district, a statement as to whether bonds will be issued, and a description of the exterior boundaries of the proposed district, which may be made by reference to any plan or map that is on file with the clerk. The descriptions and statements do not need to be detailed and shall be sufficient if they enable an owner to generally identify the nature and extent of the improvements, maintenance, and activities, and the location and extent of the proposed district. (2) A time and place for a public hearing on the establishment of the property and business improvement district and the levy of assessments, which shall be consistent with the requirements of Section 36623.
36622. Contents of management district plan
The management district plan shall include, but is not limited to, all of the following:
(a) If the assessment will be levied on property, a map of the district in sufficient detail to locate each parcel of property and, if businesses are to be assessed, each business within the district. If the assessment will be levied on businesses, a map that identifies the district boundaries in sufficient detail to allow a business owner to reasonably determine whether a business is located within the district boundaries. If the assessment will be levied on property and businesses, a map of the district in sufficient detail to locate each parcel of property and to allow a business owner to reasonably determine whether a business is located within the district boundaries. (b) The name of the proposed district.
(c) A description of the boundaries of the district, including the boundaries of benefit zones, proposed for establishment or extension in a manner sufficient to identify the affected property and businesses included, which may be made by reference to any plan or map that is on file with the clerk. The boundaries of a 444
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proposed property assessment district shall not overlap with the boundaries of another existing property assessment district created pursuant to this part. This part does not prohibit the boundaries of a district created pursuant to this part to overlap with other assessment districts established pursuant to other provisions of law, including, but not limited to, the Parking and Business Improvement Area Law of 1989 (Part 6 (commencing with Section 36500)). This part does not prohibit the boundaries of a business assessment district created pursuant to this part to overlap with another business assessment district created pursuant to this part. This part does not prohibit the boundaries of a business assessment district created pursuant to this part to overlap with a property assessment district created pursuant to this part. (d) The improvements, maintenance, and activities proposed for each year of operation of the district and the estimated cost thereof. If the improvements, maintenance, and activities proposed for each year of operation are the same, a description of the first year’s proposed improvements, maintenance, and activities and a statement that the same improvements, maintenance, and activities are proposed for subsequent years shall satisfy the requirements of this subdivision.
(e) The total annual amount proposed to be expended for improvements, maintenance, or activities, and debt service in each year of operation of the district. If the assessment is levied on businesses, this amount may be estimated based upon the assessment rate. If the total annual amount proposed to be expended in each year of operation of the district is not significantly different, the amount proposed to be expended in the initial year and a statement that a similar amount applies to subsequent years shall satisfy the requirements of this subdivision.
(f) The proposed source or sources of financing, including the proposed method and basis of levying the assessment in sufficient detail to allow each property or business owner to calculate the amount of the assessment to be levied against their property or business. The plan also shall state whether bonds will be issued to finance improvements.
(g) The time and manner of collecting the assessments.
(h) The specific number of years in which assessments will be levied. In a new district, the maximum number of years shall be five. Upon renewal, a district shall have a term not to exceed 10 years. Notwithstanding these limitations, a district created pursuant to this part to finance capital improvements with bonds may levy assessments until the maximum maturity of the bonds. The management district plan may set forth specific increases in assessments for each year of operation of the district. (i) The proposed time for implementation and completion of the management district plan. (j) Any proposed rules and regulations to be applicable to the district. (k)
(1) A list of the properties or businesses to be assessed, including the assessor’s parcel numbers for properties to be assessed, and a statement of the method or methods by which the expenses of a district will be imposed upon benefited real property or businesses, in proportion to the benefit received by the property or business, to defray the cost thereof. (2) In a property-based district, the proportionate special benefit derived by each identified parcel shall be determined exclusively in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the activities. An assessment shall not be imposed on any parcel that exceeds the reasonable cost of the proportional special benefit conferred on that parcel. Only special benefits are assessable, and a property-based district shall separate the general benefits, if any, from the special benefits conferred on a parcel. Parcels within a property-based district that are owned or used by any city, public agency, the State of California, or the United States shall not be exempt from assessment unless the governmental entity can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit. The value of any incidental, secondary, or collateral effects that arise from the improvements, maintenance, or activities of a property-based district and that benefit property or persons not assessed shall not be deducted from the entirety of the cost of any special benefit or affect the proportionate special benefit derived by each identified parcel. (3) In a property-based district, properties throughout the district may share the same special benefits.
In a district with boundaries that define which parcels are to receive improvements, maintenance, or activities over and above those services provided by the city, the improvements, maintenance, or activities themselves may constitute a special benefit. The city may impose assessments that are less than the proportional special benefit conferred, but shall not impose assessments that exceed the reasonable costs of the proportional special benefit conferred. Because one or more parcels pay less 445
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than the special benefit conferred does not necessarily mean that other parcels are assessed more than the reasonable cost of their special benefit.
(l) In a property-based district, a detailed engineer’s report prepared by a registered professional engineer certified by the State of California supporting all assessments contemplated by the management district plan. (m) Any other item or matter required to be incorporated therein by the city council. 36623. Procedure to levy assessment
(a) If a city council proposes to levy a new or increased property assessment, the notice and protest and hearing procedure shall comply with Section 53753 of the Government Code. (b) If a city council proposes to levy a new or increased business assessment, the notice and protest and hearing procedure shall comply with Section 54954.6 of the Government Code, except that notice shall be mailed to the owners of the businesses proposed to be assessed. A protest may be made orally or in writing by any interested person. Every written protest shall be filed with the clerk at or before the time fixed for the public hearing. The city council may waive any irregularity in the form or content of any written protest. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing. Each written protest shall contain a description of the business in which the person subscribing the protest is interested sufficient to identify the business and, if a person subscribing is not shown on the official records of the city as the owner of the business, the protest shall contain or be accompanied by written evidence that the person subscribing is the owner of the business or the authorized representative. A written protest that does not comply with this section shall not be counted in determining a majority protest. If written protests are received from the owners or authorized representatives of businesses in the proposed district that will pay 50 percent or more of the assessments proposed to be levied and protests are not withdrawn so as to reduce the protests to less than 50 percent, no further proceedings to levy the proposed assessment against such businesses, as contained in the resolution of intention, shall be taken for a period of one year from the date of the finding of a majority protest by the city council.
(c) If a city council proposes to conduct a single proceeding to levy both a new or increased property assessment and a new or increased business assessment, the notice and protest and hearing procedure for the property assessment shall comply with subdivision (a), and the notice and protest and hearing procedure for the business assessment shall comply with subdivision (b). If a majority protest is received from either the property or business owners, that respective portion of the assessment shall not be levied. The remaining portion of the assessment may be levied unless the improvement or other special benefit was proposed to be funded by assessing both property and business owners.
36624. Changes to proposed assessments
At the conclusion of the public hearing to establish the district, the city council may adopt, revise, change, reduce, or modify the proposed assessment or the type or types of improvements, maintenance, and activities to be funded with the revenues from the assessments. Proposed assessments may only be revised by reducing any or all of them. At the public hearing, the city council may only make changes in, to, or from the boundaries of the proposed property and business improvement district that will exclude territory that will not benefit from the proposed improvements, maintenance, and activities. Any modifications, revisions, reductions, or changes to the proposed assessment district shall be reflected in the notice and map recorded pursuant to Section 36627. 36625. Resolution of formation
(a) If the city council, following the public hearing, decides to establish a proposed property and business improvement district, the city council shall adopt a resolution of formation that shall include, but is not limited to, all of the following:
(1) A brief description of the proposed improvements, maintenance, and activities, the amount of the proposed assessment, a statement as to whether the assessment will be levied on property, businesses, or both within the district, a statement on whether bonds will be issued, and a description of the exterior boundaries of the proposed district, which may be made by reference to any plan or map that is on file with the clerk. The descriptions and statements need not be detailed and shall be sufficient if they enable an owner to generally identify the nature and extent of the improvements, maintenance, and activities and the location and extent of the proposed district. 446
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(2) The number, date of adoption, and title of the resolution of intention. (3) The time and place where the public hearing was held concerning the establishment of the district. (4) A determination regarding any protests received. The city shall not establish the district or levy assessments if a majority protest was received.
(5) A statement that the properties, businesses, or properties and businesses in the district established by the resolution shall be subject to any amendments to this part. (6) A statement that the improvements, maintenance, and activities to be conferred on businesses and properties in the district will be funded by the levy of the assessments. The revenue from the levy of assessments within a district shall not be used to provide improvements, maintenance, or activities outside the district or for any purpose other than the purposes specified in the resolution of intention, as modified by the city council at the hearing concerning establishment of the district.
Notwithstanding the foregoing, improvements and activities that must be provided outside the district boundaries to create a special or specific benefit to the assessed parcels or businesses may be provided, but shall be limited to marketing or signage pointing to the district. (7) A finding that the property or businesses within the area of the property and business improvement district will be benefited by the improvements, maintenance, and activities funded by the proposed assessments, and, for a property-based district, that property within the district will receive a special benefit.
(8) In a property-based district, the total amount of all special benefits to be conferred on the properties within the property-based district.
(b) The adoption of the resolution of formation and, if required, recordation of the notice and map pursuant to Section 36627 shall constitute the levy of an assessment in each of the fiscal years referred to in the management district plan.
36627. Notice and assessment diagram
Following adoption of the resolution establishing district assessments on properties pursuant to Section 36625, the clerk shall record a notice and an assessment diagram pursuant to Section 3114. No other provision of Division 4.5 (commencing with Section 3100) applies to an assessment district created pursuant to this part. 36628. Establishment of separate benefit zones within district; Categories of businesses The city council may establish one or more separate benefit zones within the district based upon the degree of benefit derived from the improvements or activities to be provided within the benefit zone and may impose a different assessment within each benefit zone. If the assessment is to be levied on businesses, the city council may also define categories of businesses based upon the degree of benefit that each will derive from the improvements or activities to be provided within the district and may impose a different assessment or rate of assessment on each category of business, or on each category of business within each zone.
36628.5. Assessments on businesses or property owners
The city council may levy assessments on businesses or on property owners, or a combination of the two, pursuant to this part. The city council shall structure the assessments in whatever manner it determines corresponds with the distribution of benefits from the proposed improvements, maintenance, and activities, provided that any property-based assessment conforms with the requirements set forth in paragraph (2) of subdivision (k) of Section 36622. 36629. Provisions and procedures applicable to benefit zones and business categories All provisions of this part applicable to the establishment, modification, or disestablishment of a property and business improvement district apply to the establishment, modification, or disestablishment of benefit zones or categories of business. The city council shall, to establish, modify, or disestablish a benefit zone or category of business, follow the procedure to establish, modify, or disestablish a property and business improvement district. 36630. Expiration of district; Creation of new district 447
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If a property and business improvement district expires due to the time limit set pursuant to subdivision (h) of Section 36622, a new management district plan may be created and the district may be renewed pursuant to this part.
CHAPTER 3. Assessments
36631. Time and manner of collection of assessments; Delinquent payments The collection of the assessments levied pursuant to this part shall be made at the time and in the manner set forth by the city council in the resolution levying the assessment. Assessments levied on real property may be collected at the same time and in the same manner as for the ad valorem property tax, and may provide for the same lien priority and penalties for delinquent payment. All delinquent payments for assessments levied pursuant to this part may be charged interest and penalties.
36632. Assessments to be based on estimated benefit; Classification of real property and businesses; Exclusion of residential and agricultural property
(a) The assessments levied on real property pursuant to this part shall be levied on the basis of the estimated benefit to the real property within the property and business improvement district. The city council may classify properties for purposes of determining the benefit to property of the improvements and activities provided pursuant to this part.
(b) Assessments levied on businesses pursuant to this part shall be levied on the basis of the estimated benefit to the businesses within the property and business improvement district. The city council may classify businesses for purposes of determining the benefit to the businesses of the improvements and activities provided pursuant to this part.
(c) Properties zoned solely for residential use, or that are zoned for agricultural use, are conclusively presumed not to benefit from the improvements and service funded through these assessments, and shall not be subject to any assessment pursuant to this part.
36633. Time for contesting validity of assessment
The validity of an assessment levied under this part shall not be contested in an action or proceeding unless the action or proceeding is commenced within 30 days after the resolution levying the assessment is adopted pursuant to Section 36625. An appeal from a final judgment in an action or proceeding shall be perfected within 30 days after the entry of judgment.
36634. Service contracts authorized to establish levels of city services The city council may execute baseline service contracts that would establish levels of city services that would continue after a property and business improvement district has been formed. 36635. Request to modify management district plan
The owners’ association may, at any time, request that the city council modify the management district plan. Any modification of the management district plan shall be made pursuant to this chapter. 36636. Modification of plan by resolution after public hearing; Adoption of resolution of intention (a) Upon the written request of the owners’ association, the city council may modify the management district plan after conducting one public hearing on the proposed modifications. The city council may modify the improvements and activities to be funded with the revenue derived from the levy of the assessments by adopting a resolution determining to make the modifications after holding a public hearing on the proposed modifications. If the modification includes the levy of a new or increased assessment, the city council shall comply with Section 36623. Notice of all other public hearings pursuant to this section shall comply with both of the following:
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(1) The resolution of intention shall be published in a newspaper of general circulation in the city once at least seven days before the public hearing.
(2) A complete copy of the resolution of intention shall be mailed by first class mail, at least 10 days before the public hearing, to each business owner or property owner affected by the proposed modification.
(b) The city council shall adopt a resolution of intention which states the proposed modification prior to the public hearing required by this section. The public hearing shall be held not more than 90 days after the adoption of the resolution of intention.
36637. Reflection of modification in notices recorded and maps Any subsequent modification of the resolution shall be reflected in subsequent notices and maps recorded pursuant to Division 4.5 (commencing with Section 3100), in a manner consistent with the provisions of Section 36627.
CHAPTER 3.5. Financing
36640. Bonds authorized; Procedure; Restriction on reduction or termination of assessments (a)The city council may, by resolution, determine and declare that bonds shall be issued to finance the estimated cost of some or all of the proposed improvements described in the resolution of formation adopted pursuant to Section 36625, if the resolution of formation adopted pursuant to that section provides for the issuance of bonds, under the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500)) or in conjunction with Marks-Roos Local Bond Pooling Act of 1985 (Article 4 (commencing with Section 6584) of Chapter 5 of Division 7 of Title 1 of the Government Code). Either act, as the case may be, shall govern the proceedings relating to the issuance of bonds, although proceedings under the Bond Act of 1915 may be modified by the city council as necessary to accommodate assessments levied upon business pursuant to this part.
(b) The resolution adopted pursuant to subdivision (a) shall generally describe the proposed improvements specified in the resolution of formation adopted pursuant to Section 36625, set forth the estimated cost of those improvements, specify the number of annual installments and the fiscal years during which they are to be collected. The amount of debt service to retire the bonds shall not exceed the amount of revenue estimated to be raised from assessments over 30 years.
(c) Notwithstanding any other provision of this part, assessments levied to pay the principal and interest on any bond issued pursuant to this section shall not be reduced or terminated if doing so would interfere with the timely retirement of the debt.
CHAPTER 4. Governance
36650. Report by owners’ association; Approval or modification by city council (a) The owners’ association shall cause to be prepared a report for each fiscal year, except the first year, for which assessments are to be levied and collected to pay the costs of the improvements, maintenance, and activities described in the report. The owners’ association’s first report shall be due after the first year of operation of the district. The report may propose changes, including, but not limited to, the boundaries of the property and business improvement district or any benefit zones within the district, the basis and method of levying the assessments, and any changes in the classification of property, including any categories of business, if a classification is used.
(b) The report shall be filed with the clerk and shall refer to the property and business improvement district by name, specify the fiscal year to which the report applies, and, with respect to that fiscal year, shall contain all of the following information:
(1) Any proposed changes in the boundaries of the property and business improvement district or in any benefit zones or classification of property or businesses within the district. (2) The improvements, maintenance, and activities to be provided for that fiscal year. (3) An estimate of the cost of providing the improvements, maintenance, and activities for that fiscal year.
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(4) The method and basis of levying the assessment in sufficient detail to allow each real property or business owner, as appropriate, to estimate the amount of the assessment to be levied against his or her property or business for that fiscal year.
(5) The estimated amount of any surplus or deficit revenues to be carried over from a previous fiscal year.
(6) The estimated amount of any contributions to be made from sources other than assessments levied pursuant to this part.
(c) The city council may approve the report as filed by the owners’ association or may modify any particular contained in the report and approve it as modified. Any modification shall be made pursuant to Sections 36635 and 36636.
The city council shall not approve a change in the basis and method of levying assessments that would impair an authorized or executed contract to be paid from the revenues derived from the levy of assessments, including any commitment to pay principal and interest on any bonds issued on behalf of the district. 36651. Designation of owners’ association to provide improvements, maintenance, and activities The management district plan may, but is not required to, state that an owners’ association will provide the improvements, maintenance, and activities described in the management district plan. If the management district plan designates an owners’ association, the city shall contract with the designated nonprofit corporation to provide services.
CHAPTER 5. Renewal
36660. Renewal of district; Transfer or refund of remaining revenues; District term limit (a) Any district previously established whose term has expired, or will expire, may be renewed by following the procedures for establishment as provided in this chapter. (b) Upon renewal, any remaining revenues derived from the levy of assessments, or any revenues derived from the sale of assets acquired with the revenues, shall be transferred to the renewed district. If the renewed district includes additional parcels or businesses not included in the prior district, the remaining revenues shall be spent to benefit only the parcels or businesses in the prior district. If the renewed district does not include parcels or businesses included in the prior district, the remaining revenues attributable to these parcels shall be refunded to the owners of these parcels or businesses.
(c) Upon renewal, a district shall have a term not to exceed 10 years, or, if the district is authorized to issue bonds, until the maximum maturity of those bonds. There is no requirement that the boundaries, assessments, improvements, or activities of a renewed district be the same as the original or prior district.
CHAPTER 6. Disestablishment
36670. Circumstances permitting disestablishment of district; Procedure (a) Any district established or extended pursuant to the provisions of this part, where there is no indebtedness, outstanding and unpaid, incurred to accomplish any of the purposes of the district, may be disestablished by resolution by the city council in either of the following circumstances:
(1) If the city council finds there has been misappropriation of funds, malfeasance, or a violation of law in connection with the management of the district, it shall notice a hearing on disestablishment. (2) During the operation of the district, there shall be a 30-day period each year in which assessees may request disestablishment of the district. The first such period shall begin one year after the date of establishment of the district and shall continue for 30 days. The next such 30-day period shall begin two years after the date of the establishment of the district. Each successive year of operation of the district shall have such a 30-day period. Upon the written petition of the owners or authorized representatives of real property or the owners or authorized representatives of businesses in the district who pay 50 percent or more of the assessments levied, the city council shall pass a resolution of intention to disestablish the district. The city council shall notice a hearing on disestablishment. (b) The city council shall adopt a resolution of intention to disestablish the district prior to the public hearing required by this section. The resolution shall state the reason for the disestablishment, shall state the time and place of the public hearing, and shall contain a proposal to dispose of any assets acquired with the revenues of 450
Los Banos Downtown PBID Management District Plan
March 19, 2024 Page 37
the assessments levied within the property and business improvement district. The notice of the hearing on disestablishment required by this section shall be given by mail to the property owner of each parcel or to the owner of each business subject to assessment in the district, as appropriate. The city shall conduct the public hearing not less than 30 days after mailing the notice to the property or business owners. The public hearing shall be held not more than 60 days after the adoption of the resolution of intention. 36671. Refund of remaining revenues upon disestablishment or expiration without renewal of district; Calculation of refund; Use of outstanding revenue collected after disestablishment of district (a) Upon the disestablishment or expiration without renewal of a district, any remaining revenues, after all outstanding debts are paid, derived from the levy of assessments, or derived from the sale of assets acquired with the revenues, or from bond reserve or construction funds, shall be refunded to the owners of the property or businesses then located and operating within the district in which assessments were levied by applying the same method and basis that was used to calculate the assessments levied in the fiscal year in which the district is disestablished or expires. All outstanding assessment revenue collected after disestablishment shall be spent on improvements and activities specified in the management district plan. (b) If the disestablishment occurs before an assessment is levied for the fiscal year, the method and basis that was used to calculate the assessments levied in the immediate prior fiscal year shall be used to calculate the amount of any refund.
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APPENDIX 3 – MAP
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APPENDIX 4 – PARCEL ASSESSMENT CALCULATION
Map
Key
APN Lot Size
(sq. ft.)
Rate Assessment
8 025-191-011-000 15,000 $0.31 $4,650.00
9 025-191-012-000 3,750 $0.31 $1,162.50
10 025-191-013-000 7,500 $0.31 $2,325.00
11 025-191-014-000 3,750 $0.31 $1,162.50
12 025-191-015-000 3,750 $0.31 $1,162.50
13 025-191-016-000 3,750 $0.31 $1,162.50
14 025-191-017-000 11,250 $0.31 $3,487.50
15 025-191-018-000 3,750 $0.31 $1,162.50
16 025-191-019-000 3,750 $0.31 $1,162.50
17 025-191-020-000 3,750 $0.31 $1,162.50
26 025-201-008-000 15,000 $0.31 $4,650.00
27 025-201-009-000 3,750 $0.31 $1,162.50
28 025-201-010-000 5,625 $0.31 $1,743.75
29 025-201-011-000 9,375 $0.31 $2,906.25
30 025-201-012-000 11,250 $0.31 $3,487.50
31 025-201-013-000 3,750 $0.31 $1,162.50
32 025-201-014-000 11,250 $0.31 $3,487.50
36 025-231-001-000 7,500 $0.31 $2,325.00
37 025-231-003-000 7,500 $0.31 $2,325.00
38 025-231-004-000 3,750 $0.31 $1,162.50
39 025-231-006-000 3,750 $0.31 $1,162.50
40 025-231-007-000 3,750 $0.31 $1,162.50
41 025-231-008-000 3,750 $0.31 $1,162.50
42 025-231-009-000 7,500 $0.31 $2,325.00
43 025-231-010-000 15,000 $0.31 $4,649.99
44 025-231-011-000 7,500 $0.31 $2,325.00
45 025-231-012-000 11,250 $0.31 $3,487.50
46 025-231-015-000 15,000 $0.31 $4,650.00
47 025-231-016-000 11,250 $0.31 $3,487.50
48 025-231-017-000 7,500 $0.31 $2,325.00
49 025-231-018-000 7,500 $0.31 $2,325.00
50 025-231-019-000 5,525 $0.31 $1,712.75
51 025-231-020-000 1,974 $0.31 $611.94
52 025-241-001-000 5,625 $0.31 $1,743.75
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53 025-241-002-000 5,625 $0.31 $1,743.75
54 025-241-003-000 3,750 $0.31 $1,162.50
55 025-241-004-000 3,750 $0.31 $1,162.50
56 025-241-005-000 3,750 $0.31 $1,162.50
57 025-241-006-000 3,750 $0.31 $1,162.50
58 025-241-007-000 2,850 $0.31 $883.50
59 025-241-008-000 2,775 $0.31 $860.25
60 025-241-009-000 5,625 $0.31 $1,743.75
61 025-241-010-000 6,818 $0.31 $2,113.58
62 025-241-011-000 3,990 $0.31 $1,236.90
63 025-241-012-000 11,692 $0.31 $3,624.52
64 025-241-013-000 29,250 $0.31 $9,067.50
65 025-241-014-000 17,625 $0.31 $5,463.75
66 025-241-015-000 5,625 $0.31 $1,743.76
67 025-241-016-000 7,500 $0.31 $2,324.99
73 026-052-001-000 7,500 $0.31 $2,325.00
74 026-052-002-000 3,750 $0.31 $1,162.50
75 026-052-006-000 2,500 $0.31 $775.00
76 026-052-007-000 2,500 $0.31 $775.00
77 026-052-008-000 2,500 $0.31 $775.00
78 026-052-009-000 5,000 $0.31 $1,550.00
79 026-052-010-000 2,500 $0.31 $775.00
80 026-052-013-000 7,500 $0.31 $2,325.00
81 026-052-014-000 7,500 $0.00 $0.00
82 026-052-015-000 7,500 $0.00 $0.00
83 026-052-016-000 7,500 $0.00 $0.00
84 026-052-017-000 7,500 $0.31 $2,325.00
85 026-052-019-000 7,500 $0.31 $2,325.00
86 026-052-021-000 18,750 $0.31 $5,812.50
87 026-052-023-000 3,750 $0.31 $1,162.50
88 026-052-024-000 26,250 $0.31 $8,137.50
89 026-053-001-000 7,500 $0.31 $2,325.00
90 026-053-002-000 7,500 $0.31 $2,325.00
91 026-053-003-000 3,750 $0.31 $1,162.50
92 026-053-004-000 7,500 $0.31 $2,325.00
93 026-053-005-000 3,750 $0.31 $1,162.50
94 026-053-008-000 3,750 $0.00 $0.00
95 026-053-010-000 7,500 $0.31 $2,325.00
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96 026-053-011-000 10,206 $0.31 $3,163.86
97 026-053-013-000 7,500 $0.31 $2,325.00
98 026-053-014-000 6,750 $0.31 $2,092.50
99 026-053-015-000 4,500 $0.31 $1,395.00
100 026-053-016-000 6,000 $0.31 $1,860.00
101 026-053-017-000 12,750 $0.31 $3,952.50
102 026-053-019-000 11,250 $0.31 $3,487.50
103 026-053-020-000 7,686 $0.31 $2,382.66
104 026-053-021-000 3,750 $0.00 $0.00
105 026-053-022-000 3,750 $0.00 $0.00
116 026-123-001-000 6,255 $0.31 $1,939.05
601,646 $176,047.76
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APPENDIX 5 – TOTAL ESTIMATED MAXIMUM COST OF
IMPROVEMENTS AND ACTIVITIES
The estimated maximum cost of the line items below was developed based on the estimated costs of providing services in the proposed district. The costs below are estimated, the actual line-item costs will fluctuate. The table below shows combined expenditures from assessment and non-assessment funds. Assessment funds are governed by Section VI. There is no limit on reallocation of nonassessment funds by the Owners’ Association. The total maximum budget may exceed the maximum listed in this table if parcel ownership changes result in parcels being assessed at a higher rate due to a higher estimated benefit.
Year Marketing &
Placemaking
Maintenance &
General Security
Administration &
Operations
Total
2025 $78,314.77 $78,809.44 $27,727.80 $184,852.01
2026 $80,664.21 $81,173.73 $28,559.63 $190,397.57
2027 $83,084.14 $83,608.94 $29,416.42 $196,109.50
2028 $85,576.66 $86,117.21 $30,298.91 $201,992.78
2029 $88,143.96 $88,700.72 $31,207.88 $208,052.56
2030 $90,788.28 $91,361.75 $32,144.12 $214,294.15
2031 $93,511.93 $94,102.60 $33,108.44 $220,722.97
2032 $96,317.29 $96,925.68 $34,101.69 $227,344.66
2033 $99,206.81 $99,833.45 $35,124.74 $234,165.00
2034 $102,183.01 $102,828.45 $36,178.49 $241,189.95
Total $897,791.06 $903,461.97 $317,868.12 $2,119,121.15 456
Agenda Staff Report
TO: Mayor Amabile and City Council Members
FROM: Stacy Souza Elms, Community and Economic Development Director DATE: August 5, 2026
TYPE OF REPORT: Agenda Item
SUBJECT: Adoption of the Small Business Infomercial Program Policy ______________________________________________________________________ Recommendation:
Adopt a Resolution approving the Small Business Infomercial Program Policy.
Background:
The Community and Economic Development Department developed the Small Business Infomercial Program to enhance the City’s Shop Smart Support Local Campaign and to promote local economic activity.
The program was launched as a pilot initiative in September 2025 to evaluate interest and effectiveness. During the pilot phase, several local interested businesses were featured. The program received positive feedback from both businesses and the community. The videos have helped increase awareness of local businesses and encouraged residents to shop locally.
Based on that success, staff is recommending formal adoption of the program to provide consistency and allow for continued implementation.
Discussion:
The Small Business Infomercial Program allows local businesses to be featured in short promotional videos/reels (less than 1 minute in length) produced at no cost to the business. These videos highlight businesses’ products and services and are shared 457
ITEM 8
through the City’s Community and Economic Development social media platforms.
Businesses may also share the videos on their own platforms.
Businesses interested in participating must submit an application to the City. Applicants must be located in Los Banos, have a valid business license, and comply with all applicable regulations. Because production capacity is limited, not all applicants may be selected.
Applications will be reviewed by a subcommittee using established scoring criteria (Attachment 3).
The Community and Economic Development Department will manage and coordinate production of the videos and oversee implementation of the program. There will be two (2) business spotlights per month, for 12 months. Videos will be posted on City communication platforms once completed.
Adopting a formal policy will provide clear rules for the program and ensure it operates in a fair and consistent manner.
Fiscal Impact:
Funding for this program is included in Fiscal Year 2026-2027 budget under Economic Development Projects.
Reviewed by:
_______________________________ _______________________________ Soknirorn Than, City Manager Minerva Moreno, Finance Director Attachments:
1. Resolution
Exhibit A - Small Business Infomercial Program Policy
2. Scoring Criteria
458
RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS APPROVING AND
ADOPTING THE SMALL BUSINESS
INFOMERCIAL PROGRAM POLICY
WHEREAS, the City of Los Banos is committed to supporting local businesses and promoting economic development within the community; and WHEREAS, the Community and Economic Development Department developed the Small Business Infomercial Program to promote local businesses through short promotional videos as part of the City’s Shop Smart Support Local campaign; and WHEREAS, the City launched the pilot program in September 2025, and the program received positive feedback from participating businesses and the community; and
WHEREAS, the City Council desires to formally adopt the Small Business Infomercial Program Policy to ensure the program is implemented in a consistent, fair, and transparent manner; and
WHEREAS, funding for the Small Business Infomercial Program in the amount of $12,000 is included in the Fiscal Year 2026-2027 budget under account 100-419-100- 269 (Economic Development Projects).
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby approves and adopts the Small Business Infomercial Program Policy, attached hereto as Exhibit A and incorporated herein by this reference.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 5th day of August 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
459
ATTEST:
___________________________
Lucille L. Mallonee, City Clerk
460
SMALL BUSINESS INFOMERCIAL PROGRAM POLICY
The purpose of the Small Business Infomercial Program is to promote and support local businesses within the City of Los Banos by producing short promotional videos highlighting their products, services, and contributions to the community. The program is intended to strengthen the local economy, increase visibility of Los Banos businesses, and encourage residents to shop locally.
1. Administration
The program shall be administered by the City of Los Banos Community and Economic Development Department.
2. Eligibility Requirements
• Business must be physically located within the City of Los Banos and maintain a storefront or primary place of business within city limits.
• Business must possess a valid and current Los Banos business license and remain in good standing, compliant with all applicable local regulations. • Business must qualify as a small business, defined as employing no more than 50 employees at the time of application and operating primarily to generate profit through the exchange, sale or lease of goods, services or real property.
• Business must be independently owned and operated. Franchise businesses may be eligible only if they are locally owned and demonstrate day-to-day operational control at the local level. • Content must be non-political, non-religious, and non-personal in nature. • Content must reflect a family-friendly and community-oriented message. • The City reserves the right to determine eligibility and may request documentation to verify employee count, ownership structure, and operational status. • Businesses are eligible to participate in the program only once. Any business that has participated at any time since the program’s inception, including during the 2025 pilot period, is not eligible to participate again.
3. Application Process
Businesses must submit a completed Business Infomercial Registration Form to the Community and Economic Development Department. The selection committee will review the applications for eligibility prior to forwarding it for Council review. Application process will be opened for a period of 60-days following each fiscal year.
4. Selection Process
Due to limited production capacity, applications will be reviewed by a selection committee. The selection committee members shall include:
1. One member of City Council
2. One member of the Planning Commission
3. One representative of the Los Banos Downtown Business Association
4. One representative of the Los Banos Chamber of Commerce
5. One city staff representative from the Community and Economic Development Department 461
The committee will evaluate submissions using the established scoring criteria (Attachment A) and determine which businesses will be selected for participation. Twenty-four businesses will be identified and recommended to City Council for review and approval each fiscal year.
5. Program Limitations
• The City may, in its sole discretion, limit the number of infomercials produced each year, based on the limited budget available for the program.
• The City reserves the right, in its sole discretion, to decline applications that do not meet program objectives.
• The City, as the creator and producer of the infomercials, either through itself or through a thirdparty hired for such purpose, shall have full creative and editorial control over all content.
6. Production and Distribution
The City will coordinate filming, editing, and promotion of the infomercial through official City communication channels including the City website, social media, and other promotional outlets. 462
ATTACHMENT A
DETAIL SCORING CRITERIA GUIDE
1. Community Impact (15 Points)
Definition: The extent to which the business positively contributes to the quality of life, culture, identity, and well-being of the Los Banos community.
Score
Range
Description
13–15 Demonstrates significant, measurable positive impact on the community through services, programs, partnerships, or community support. Clearly benefits residents beyond normal business operations.
9–12 Shows moderate positive impact with regular community involvement and benefits to residents.
5–8 Limited evidence of community impact beyond providing products or services. 0–4 Minimal or not demonstrated community benefit.
Considerations:
• Addresses a community need
• Contributes to community identity or quality of life
• Supports local causes, nonprofits, or civic initiatives • Creates a positive local reputation
2. Economic Contribution (15 Points)
Definition: The business's contribution to the local economy through employment, purchasing practices, and local investment.
Score
Range
Description
13–15 Strong local economic impact with substantial local hiring, local sourcing, and reinvestment in Los Banos.
9–12 Moderate local hiring and limited purchasing practices that support the local economy. 5–8 Limited economic contribution beyond normal business operations. 0–4 Little evidence of local economic benefit.
Considerations:
• Percentage of local employees
• Use of local vendors or contractors
• Expansion or reinvestment efforts
• Retention of economic activity within Los Banos
3. Story & Community Character (15 Points)
Definition: The uniqueness of the business and its ability to reflect the character, culture, and identity of Los Banos.
463
Score
Range
Description
13–15 Exceptional story that is compelling, unique, and highly reflective of the community. Strong potential for engaging video content.
9–12 Compelling business story with some unique qualities and community connection. 5–8 Business has a basic story but limited uniqueness or local character. 0–4 Story lacks originality or relevance to the community.
Considerations:
• Business origin story
• Family-owned or multi-generational history
• Unique products or services
• Cultural, historical, or community significance
4. Marketing Value (10 Points)
Definition: The potential for the infomercial to attract customers, visitors, and positive attention to the business and community.
Score
Range
Description
9–10 Strong visual appeal and broad audience interest. High likelihood of generating engagement and promoting Los Banos.
6–8 Good promotional potential with reasonable audience appeal. 3–5 Limited marketing or storytelling opportunities.
0–2 Minimal potential marketing value.
Considerations:
• Visual appeal
• Customer interest
• Tourism or visitor attraction potential
• Ability to showcase Los Banos positively
5. Community Engagement (10 Points)
Definition: The level of participation and involvement in local events, organizations, and community activities.
Score
Range
Description
9–10 Regular and meaningful participation in community events, sponsorships, volunteer efforts, or civic activities.
6–8 Periodic involvement in community activities.
3–5 Limited participation in community events or programs. 0–2 No demonstrated community engagement.
Considerations:
• Sponsorship of local events
• Membership in business or civic organizations
464
• Volunteerism
• Community partnerships
6. Application Completeness (10 Points)
Definition: Completeness, clarity, and responsiveness of the application.
Score
Range
Description
9–10 Application is complete, organized, clear, and thoroughly responds to all questions. 6–8 Mostly complete with minor omissions or clarifications needed. 3–5 Several sections incomplete or lacking detail.
0–2 Significant missing information or poor-quality submission.
Considerations:
• All required materials submitted
• Clear responses
• Accurate information
• Professional presentation
7. Small Business Priority (15 Points)
Definition: Preference for independently owned small businesses that may otherwise have limited access to professional marketing resources.
Score
Range
Description
13–15 Independently owned small business with limited marketing resources and strong need for program assistance.
9–12 Small locally operated business with moderate resources. 5–8 Larger business or franchise with some marketing capabilities. 0–4 Large company, chain, or organization with substantial marketing resources.
Considerations:
• Number of employees
• Marketing budget/resources
• Independent ownership
• Need for promotional assistance
8. Local Ownership (10 Points)
Definition: The degree to which the business is owned, operated, and rooted in Los Banos.
Score
Range
Description
9–10 Owned and operated by Los Banos residents with strong local ties and long-term commitment to the community.
6–8 Significant local ownership and connection to Los Banos. 3–5 Some local presence but ownership or decision-making is largely outside the community. 0–2 Little or no local ownership connection.
465
Considerations:
• Residence of owners
• Length of operation in Los Banos
• Community involvement of ownership
• Local decision-making authority
466
Small Business Infomercial Program –Scoring Sheet
Evaluation Criteria Description Points (Max) Points
Community Impact Positive impact on the Los Banos
community
15 _______
Economic Contribution Includes local hiring, local sourcing, and reinvestment in the community
15 _______
Story & Community
Character
Unique products, services, or story 15 _______
Marketing Value Potential to attract customers or visitors 10 _______ Community
Engagement
Demonstrates participation in community
programs/events
10 _______
Application
Completeness
Clear and complete application 10 _______
Small Business Priority Smaller, independently owned businesses with limited resources
15 _______
Local Ownership Degree of local ownership and ties to Los Banos
10 _______
Evaluation Committee Member Name: __________________________ Business Name: ___________________________________
Total Score: ___________
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Agenda Staff Report
TO: Mayor Amabile & City Council Members
FROM: Nirorn Than, City Manager
DATE: August 5, 2026
TYPE OF REPORT: Agenda Item
SUBJECT: Ratification of Employment Agreement for Fire Chief – Brandon Dorenbush ______________________________________________________________________ Recommendation:
That the City Council approve a Resolution ratifying the Employment Agreement between the City of Los Banos and Brandon Dorenbush as Employee for the position of Fire Chief.
Background:
The City of Los Banos’ Adopted Budget for Fiscal Year 2026-2027 (“Budget”) includes approved staffing and salaries for the total number of full-time classifications, including the position of Fire Chief. On May 16, 2026, the Fire Chief position became vacant due to the incumbent’s retirement.
Pursuant to the Los Banos Municipal Code Sections § 2-3.112 and § 2-3.115, the City Manager has responsibility for the efficient administration of all the affairs of the City which are under his control, including appointment of officers and employees of the City.
Pursuant to Government Codes § 54953(3)(A) and § 3511.1, prior to taking final action, the legislative body must orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in form or fringe benefits of a department head and furthermore when the position is held by an employment contract between the City and the employee.
Discussion:
The City conducted a comprehensive recruitment and examination process to identify the best-qualified candidate to fill the vacant position for Fire Chief, for which the Assistant Fire Chief for the City of Los Banos, Brandon Dorenbush, was selected to be the City’s 469
ITEM 9
next Fire Chief. Fire Chief Dorenbush brings over 30 years of increasingly responsible experience in Fire service, as well as a Bachelor of Science in Business Administration from Central Washington University. He holds Associates of Applied Science in Fire Command Administration in Fire Officer, and in Fire Science, and holds various Certificates of Competency awarded by the International Fire Service Accreditation Congress, the National Board of Fire Service Professional Qualifications, the National Fire Academy, the National Fire Protection Association and Pro-Board Certifications, among other training.
As Fire Chief, Chief Dorenbush will serve as the highest-ranking officer of the Los Banos Fire Department, providing strategic leadership, administrative oversight, and fiscal management to support public safety and emergency preparedness. The Fire Chief will plan, direct, and evaluate all departmental operations, including fire suppression, emergency medical services, disaster response, and fire prevention. Responsibilities include developing the annual department budget, aligning resources with City growth, and ensuring regulatory compliance among all personnel. The Fire Chief will report to and provide highly responsible, complex support to the City Manager; serve as the principal advisor to the City Council on fire and emergency management matters; coordinate mutual aid agreements with regional partners; and represent the department within the community.
The proposed Employment Agreement for Fire Chief includes compensation pursuant to the provisions of the publicly available Summary of Compensation and Terms of Employment for City of Los Banos Unrepresented Employees dated November 5, 2025, as applicable. Key provisions include:
• Effective Date: August 16, 2026
• Base Salary: $186,315.00 annually
• Certificate Pay: $75 per month for a State of California Firefighter II Certificate, and $225 per month for a State of California Company Officer Certificate. • Education Incentive Pay: $100 per month for AA/AS; or $175 per month for BA/BS; or $225 per month for MA/MS
• Fringe Benefits:
• CalPERS Retirement – City will contribute a percentage of Employee’s reportable wages to the California Public Employees’ Retirement System (CalPERS) for the applicable retirement plan: 2.7% at age 57 formula for California Public Employees' Pension Reform Act (PEPRA).
• Health Insurance, Dental, and Vision Insurance contributions. • Retiree Health Savings Plan, with a City and Employee contribution of $75 per month each.
• Life Insurance policy of $50,000.
• Vacation Leave: 120 hours per calendar year accrued at 10 hours per month with a maximum accrual of 240 hours.
• Sick Leave: 96 hours per calendar year accrued at 8 hours per month. • Administrative Leave: 96 hours per fiscal year prorated for the first year. • Paid Holidays: Entitled to 11 paid holidays as recognized by the City. 470
• Tuition Reimbursement of up to $3,000 per fiscal year. • Optional participation in Deferred Compensation and Disability insurance plans. • A City vehicle will be provided for City-related business and/or functions during, before and after normal work hours.
Staff respectfully recommends that the City Council approve a Resolution ratifying the Employment Agreement between the City of Los Banos and Brandon Dorenbush as Employee for the position of Fire Chief. This approval will ensure that our residents receive uninterrupted, critical emergency services, protection of life and property, and will maintain a safe environment for our community.
Fiscal Impact:
This position has been approved and is included in the Fiscal Year 2026/2027 Adopted Budget. No additional appropriations are required for this item.
Reviewed by:
_______________________________ _______________________________ Soknirorn Than, City Manager Minerva Moreno, Finance Director Attachments:
1. Resolution
2. Employment Agreement
471
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472
RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LOS BANOS RATIFYING THE CITY MANAGER’S
APPROVAL OF THE EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF LOS BANOS AND BRANDON
DORENBUSH AS EMPLOYEE FOR THE POSITION OF
FIRE CHIEF
WHEREAS, The City of Los Banos’ Adopted Budget for Fiscal Year 2026- 2027 (“Budget”) includes approved staffing and salaries for the total number of fulltime classifications, including the position of Fire Chief; and WHEREAS, On May 16, 2026, the Fire Chief position became vacant due to the incumbent’s retirement; and
WHEREAS, Pursuant to the Los Banos Municipal Code Sections § 2-3.112 and § 2-3.115, the City Manager has responsibility for the efficient administration of all the affairs of the City which are under his control, including appointment of officers and employees of the City; and
WHEREAS, Pursuant to Government Codes § 54953(3)(A) and § 3511.1, prior to taking final action, the legislative body must orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in form or fringe benefits of a department head and furthermore when the position is held by an employment contract between the City and that person; and
WHEREAS, The City conducted a comprehensive recruitment and examination process to identify the best-qualified candidate to fill the vacant position for Fire Chief, for which the Assistant Fire Chief for the City of Los Banos, Brandon Dorenbush, was selected to be the City’s next Fire Chief; and WHEREAS, Brandon Dorenbush brings over 30 years of increasingly responsible experience in Fire service, as well as a Bachelor of Science in Business Administration from Central Washington University. He holds relevant Associates of Applied Science degrees and hold various Certificates of Competency awarded by the International Fire Service Accreditation Congress, the National Board of Fire Service Professional Qualifications, the National Fire Academy, the National Fire Protection Association and Pro-Board Certifications, and is deemed well qualified to perform the duties of the Fire chief; and 473
WHEREAS, the City desires to employ Brandon Dorenbush as Fire Chief; and
WHEREAS, Brandon Dorenbush desires to accept employment as Fire Chief; and
WHEREAS, the parties desire to enter into a written agreement setting forth the terms and conditions of Brandon Dorenbush’s employment with the City of Los Banos, effective August 16, 2026; and
WHEREAS, the City Attorney has reviewed the Fire Chief Employment Agreement.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Los Banos hereby ratifies the City Manager’s selection and appointment of Brandon Dorenbush for the position of Fire Chief pursuant to the City Manager's appointing power under Los Banos Municipal Code Section 2-3.115, and the City Council hereby approves the Employment Agreement for Brandon Dorenbush to serve as Fire Chief of the City of Los Banos as presented in Exhibit A.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 5th day of August, 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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1 CITY OF LOS BANOS
EMPLOYMENT AGREEMENT
Department Head – Fire Chief
This Employment Agreement (“Agreement”) is made and entered into as of this 5th day of August, 2026, by and between the City of Los Banos, a municipal corporation, (hereinafter the "City"), and Brandon Dorenbush, (hereinafter "Employee"). City and employee may individually be referred to herein as “Party” or collectively as “Parties”.
RECITALS
1. The City is in need of the services of a Fire Chief and the City conducted a comprehensive recruitment and screening process to identify the best-qualified candidate to fill the Fire Chief position.
2. Pursuant to the Los Banos Municipal Code Sections § 2-3.112 and § 2-3.115, the City Manager has responsibility for the efficient administration of all the affairs of the City which are under his control, including appointment of officers and employees of the City.
3. Pursuant to his appointment authority under the Los Banos Municipal Code Section 2-3.115 the City Manager has evaluated Employee's competencies to serve as the City's Fire Chief, and has determined that the Employee has the necessary education, experience, knowledge, skills, abilities, and expertise to serve as the City's Fire Chief.
3. The City desires to appoint Employee as the Fire Chief.
4. Employee desires to accept the appointment as Fire Chief.
5. The parties desire to enter into a written agreement setting forth the terms and conditions of Employee’s employment as Fire Chief.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows:
1. Appointment and Employment
The City Manager hereby appoints Employee as the Fire Chief of the City of Los Banos pursuant to the City Manager's appointing power under Los Banos Municipal Code Section 2-
3.115, and the City Council hereby approves this Agreement for Employee to serve as Fire Chief of the City of Los Banos. Employee accepts such appointment and employment pursuant to the terms of this Agreement.
2. Term of Employment
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2 (a) This Agreement shall become effective as of August 5, 2026 and continue until terminated as provided for in this Agreement.
3. Salary and Benefits
(a) Salary: City agrees to pay Employee an annual base salary of $186,315 ($15,526) per month) payable in equal semi-monthly installments at the same time and in the same manner that other City employees are paid. This salary shall be effective as of August 16, 2026.
(b) Subject to the employee’s annual performance evaluation of August 16, 2027 (in accordance with Section 6 herein), the City Manager may grant, in their sole discretion, an increase in the annual base salary.
(c) The annual base salary may only be reduced at the same time and in the same percentage as any across-the-board reduction that is imposed upon other management employees in the City.
(d) Cost of Living Adjustment: Employee shall be entitled to the same percentage cost of living adjustment (COLA) as other Unrepresented/Miscellaneous Employees. (e) Except as otherwise provided in this Agreement, Employee shall be entitled to receive all benefits as they now exist and are currently in place for Employee and hereinafter be provided to other Management employees of the City as set forth in the Los Banos Personnel Policy Manual, including any changes or modifications to said benefits. Eligibility and benefits will be as determined by the applicable laws, regulations and plan documents. (f) Medical / Dental / Vision / Life Insurance: Employee shall be provided medical / dental / vision / life insurance packages to the same extent as other exempt management employees hired on or after April 1, 2010. Benefit levels and eligibility for benefits are defined in the contracts between the insurance providers and the City. (See, Section IV of the Summary of Compensation for the City of Los Banos Unrepresented Employee Group).
Employees who opt out of participating in the group medical plans sponsored by the City, and who provide proof of their medical coverage in a group plan, will receive a Cafeteria Plan Allowance of $400.00 per month. (See, Section IV of the Summary of Compensation for the City of Los Banos Unrepresented Employee Group).
(g) Retirement: Employee must contribute fourteen point five percent (14.5%) and the City will pay fourteen point eighty-six (14.86%) of Employee’s reportable wages to the California Public Employees’ Retirement System (CalPERS) for the 2.7% at age 57 formula.
The terms of the contract between the City and CalPERS shall govern the eligibility for and level of benefits, if any, to which Employee is entitled. This percentage is subject to change each fiscal year in accordance with CalPERS actuarial and reporting requirements. Employee contribution to CalPERS is tax deferred. (See, Section V of the Summary of Compensation for the City of Los Banos Unrepresented Employee Group).
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3 (h) Retirement Health Savings Plan. When eligible, Employee will be enrolled in City’s Retirement Health Savings Plan. Employee must contribute $75 per month toward a Health Savings Plan. Employer will also contribute $75 per month to the plan. (See, Section VI of the Summary of Compensation for the City of Los Banos Unrepresented Employee Group). (i) Deferred Compensation: Employee may participate at his/her own expense in the City’s deferred compensation. (See, Section V of the Summary of Compensation for the City of Los Banos Unrepresented Employee Group).
(j) Tuition Reimbursement: Tuition (education related expenses) will be reimbursed in accordance with policy upon successful completion of courses up to $3,000.00 per fiscal year. (See, Section VII Summary of Compensation for the City of Los Banos Unrepresented Employee Group).
(k) Sick Leave: Sick leave shall be accrued at eight (8) hours per month. (See, Division 7 Section 7003 of the Los Banos Personnel Rules).
(l) Vacation Leave: Employee shall be entitled to vacation accrual of one hundred twenty (120) hours of annual vacation leave each year of employment, ten (10) hours a month, and accumulate a maximum of two-hundred forty (240) hours. Employee shall be entitled to any vacation buyback program applicable to other exempt management employees. (See, Division 8 of the Los Banos Personnel Rules).
(m) Education Incentive Pay: Employee shall be entitled to education incentive pay in accordance with the following formula. (See, Division 11 Section 11004 of the Los Banos Personnel Rules).
$100 per month for AA/AS; or
$175 per month for BA/BS; or
$225 per month for MA/MS
(n) Bilingual Incentive Premium Pay: If eligible, Employee shall be entitled to bilingual incentive pay in accordance with the following formula. (See, Division 15 Section 15004 of the Los Banos Personnel Rules).
$50 per month for Basic Verbal Skills; or
$100 per month for Comprehensive Verbal Skills; or
$150 per month for Written presentation Skills
(o) Administrative Leave: Employee shall receive twelve (12) work days off, with full salary and benefits, during every fiscal year of employment. Every July 1st, ninety-six (96) hours are accrued and may not be carried over. Employee will receive a pro-rated amount based on hire date. (See, Section VII of the Summary of Compensation for the City of Los Banos Unrepresented Employee Group).
(p) Professional Development: City shall budget and shall pay, as stated in the approved budget, for reasonable travel expenses of Employee for professional and official travel, 477
4 meetings, and occasions. The amount shall be adequate to continue the professional development of Employee and to adequately pursue necessary official and other functions for City. (q) Holidays: Employee shall be entitled to Holidays to the same extent as other exempt management employees. (See, Division 10 of the Los Banos Personnel Rules). (r) State Disability Insurance: The City participates in the State Disability Insurance (SDI) Program for all employee groups. Payment of SDI premiums is the responsibility of participating employees. (See, Division 12 of the City of Los Banos Personnel Rules). (s) No Reduction of Benefits: City shall not at any time during the term of this agreement reduce the salary, compensation or other benefits of Employee, except to the degree of such reduction for all management employees at the department head level. (t) Dues and Subscriptions: City shall budget and shall pay for the professional dues and subscriptions of Employee reasonably necessary for his continuation and full participation in national, regional, state and local associations and organizations necessary and desirable for her professional growth and advancement, and for the good of City. (u) City Vehicle: Employee shall be provided a city vehicle for City-related business and/or functions during, before and after normal work hours. (v) Uniform Allowance: City shall budget and shall provide and maintain the required uniforms and equipment in accordance with the Los Banos Fire Department standards and will report uniform expenses to CalPERS in accordance with applicable regulations. (See, Section VII of the Summary of Compensation for the City of Los Banos Unrepresented Employee Group). (w) Certificate Pay: Employee shall be entitled to certificate pay to the same extent as other unrepresented Fire Personnel. (Section II of the Summary of Compensation for the City of Los Banos Unrepresented Employee Group Los Banos Fire Department employees:
$75 per month for a State of California Firefighter II Certificate, and $225 per month for a State of California Company Officer Certificate.
Firefighter Certificate Incentive Pay for unrepresented sworn personnel will not exceed Three Hundred Dollars ($300 per month) in Certificate Pay.
4. Duties
(a) Employee shall serve as Fire Chief and perform those duties of the Fire Chief under the direction of the City Manager as set forth in the Fire Chief Job Description attached as “Exhibit A” and incorporated herein by this reference, in addition to any other functions and duties specified by state law, city ordinance, or resolution, or other directive, and to perform other legally permissible and proper duties and functions as the City Manager shall from time to time assign. The City may amend 478
5 the Fire Chief job description at any time without Employee's approval and without an amendment to this Agreement.
(b) Employee shall devote all necessary time and effort to fulfill the obligations of the Fire Chief position. The City acknowledges that Employee is reasonably expected to be available but does not have regularly set hours of work. Employee’s work schedule will vary in accordance to the work required to be performed.
5. Exclusive Employment
Employee shall devote all of his time, energy and efforts to the City, and shall accept no outside employment, except as may be specifically approved by the City Manager in writing in advance.
6. Performance Evaluation
The City Manager shall evaluate Employee’s performance annually and may, in addition, establish goals and performance objectives to be accomplished during the next year and used as a basis for the next performance evaluation.
7. Separation – At Will Employment
(a) The parties expressly agree that the position of Fire Chief is an "at-will" employee, and that the Fire Chief serves at the will and pleasure of the City Manager and that he may be terminated and the City may terminate this Agreement at any time with or without advance notice and that there is no express or implied promise made to employee of continued employment.
Employee understands and agrees that the terms of his employment are governed solely by this Agreement. Employee further understands and agrees that this Agreement does not confer a right of employment for any specified term and that she is not entitled to due process for any disciplinary action under the City's personnel policies and rules, including termination.
Nothing herein shall be construed to limit the rights and obligations of the City and Employee provided in the Firefighters Procedural Bill of Rights Act (FBOR), codified at Government code Section 3250 et seq.
(b) Employee may resign and terminate this agreement at any time upon providing thirty (30) days written notice to the City.
(c) The City Manager and Employee may terminate this agreement by mutual written agreement.
(d) In the event this Agreement is terminated by the City Manager, while Employee is still willing and able to perform the duties of Fire Chief, employee shall be entitled to three (3) months’ severance pay defined as base salary plus costs of health, dental, vision and life insurance plans. No time served by the Employee after notice of the termination shall be debited from the period of severance pay. However, in the event the Employee is terminated for cause, the Employee shall be entitled to only the compensation earned and accrued and such other 479
6 termination benefits and payments as may be required by law and shall not be entitled to any severance benefits.
The payment of severance compensation pursuant to this paragraph shall be in a lump sum, less applicable payroll deductions. Employee shall also receive continuing health insurance plan coverage including dental and vision for the duration of the severance months from the effective date of termination. Pursuant to Government Code Section 53261, the continuing eligibility of Employee and his dependents for health insurance plan coverage shall terminate should Employee obtain other employment.
The severance rights provided in herein shall constitute the sole and only entitlement of Employee with respect to severance pay in the event of the termination, other than for cause. Employee expressly waives any and all other rights with respect to severance pay except as provided herein. Such severance compensation is expressly continued on the execution, deliver, and non-revocation of a General Release Agreement by Employee.
It is the intention of the parties that this paragraph complies with the requirements of Government Code Section 53260 et seq. In the event of any conflict between this provision and those code sections, the terms of those code sections shall govern the contractual relationship between the employer and employee.
(e) Termination or Removal for Cause. Notwithstanding any provision of this Agreement to the contrary, the City Manager may terminate Employee’s employment for cause at any time, and if Employee is terminated or removed for cause, they shall not be entitled to payment of severance compensation or any other compensation or damages.
"Cause" shall include the following reasons:
(i) an act in bad faith and to the detriment of the City; (ii) refusal or failure to act in accordance with any specific lawful direction or order of the City Manager;
(iii) unfitness or unavailability for service that exceeds thirty (30) consecutive calendar days and is not the result of any excused illness or medical condition;
(iv) commission of an act involving moral turpitude or other acts which harm the reputation of or interests of the City;
(v) habitual neglect of responsibilities, or incompetence; (vi) a conviction of a felony or other crime punishable by jail or imprisonment in the jurisdiction involved (or entry of a plea of guilty or nolo contendere with respect to any such crime);
(vii) possession of, use of, or working while under the influence of alcoholic beverages or other non-prescribed controlled substances or abuse/misuse of lawfully prescribed controlled substances during working hours; (viii) engaging in an actual conflict of interest;
(ix) commission of acts of theft, embezzlement, or fraud; (x) acceptance of bribes or extortion;
(xi) material breach of this Agreement by Employee.
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7 If this Agreement is terminated by the City Manager "for cause," Employee's employment will be deemed immediately terminated and Employee will surrender all City keys, computer passwords, equipment, and other City property entrusted to Employee for the purposes of the discharge of his duties. Upon termination for cause, Employee will have no recourse under this Agreement or any administrative procedure for purposes of challenging the termination action. (f) In the event of termination, any City equipment or property will be promptly returned to the City. In addition, any and all finished and unfinished documents, data, reports and materials are the property of the City and shall be promptly delivered to the City Manager.
Employee shall keep all information acquired through his position in the strictest confidence.
8. Compliance with Government Code Section 53243 et seq. (Assembly Bill No. 1344). (a) In the event the City determines to place Employee on paid leave pending an investigation, Employee shall fully reimburse such pay to the City if he is subsequently convicted of a crime involving the abuse of his office or position.
(b) In the event the City determines to fund all or part of a legal criminal defense for Employee, he shall fully reimburse such funds to the City if he is subsequently convicted of a crime involving an abuse of his office or position.
(c) Regardless of the term of this Agreement, if this Agreement is terminated, any cash settlement related to the termination that Employee may receive from the City shall be fully reimbursed to the City if Employee is convicted of a crime involving an abuse of his office or position. (Government Code Section 53243.2.)
(d) For purposes of this section, "abuse of office or position" shall be as defined in Government Code Section 53243.4.
(e) The parties agree to fully comply with the Government Code sections that are part of AB 1344 made effective February 1, 2021 as it may be amended.
9. Indemnification
City agrees to defend, hold harmless, and indemnify Employee against any claims, demands or legal actions, whether groundless or otherwise, arising out of an alleged act or omission occurring within the scope and during the course of Employee’s employment with the City, subject to Employee cooperating in good faith with the City with respect to defense of such claims, demands, or legal actions in accordance with the provisions of California Government Code Sections 825 and 825.6.
City may compromise and settle any such claim, demand, or action and pay the amount of any settlement or judgment rendered therefrom. This covenant shall survive the termination of this Agreement.
10. Notices
Any notice to be given hereunder by either party to the other in writing may be effected either by personal delivery or by mail. Mailed notices shall be addressed to the address of the parties to be 481
8 notified which appears below, but each party may change its address by written notice given in accordance with this paragraph. Notices delivered personally will be deemed communicated as of actual receipt. Mailed notices will be deemed communicated and received as of five (5) calendar days following the date of mailing of the notice.
CITY: City of Los Banos
Attn: City Clerk
520 J Street
Los Banos, CA 93635
EMPLOYEE: Brandon Dorenbush
* Address on file with Human Resources
11. Entire Agreement
This Agreement represents the entire agreement between the parties and supersedes any and all agreements, either oral or in writing, between the parties with respect to the employment of Employee by City and contains all of the covenants and agreements between the parties with respect to that employment. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by either party, or anyone acting on behalf of either party, which is not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding on either party.
12. Modifications
Any modifications to this Agreement shall be effective only if in writing and signed by both the parties hereto.
13. Effect of Waiver
The failure of either party to insist on strict compliance with any of the terms, covenants, or conditions of this Agreement by the other party shall not be deemed a waiver of that term, covenant or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times.
14. Partial Invalidity
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
15. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California in full force and effect as of the date of execution and the Parties agree that venue shall be in Merced County, California.
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9 16. Attorney’s Fees
In the event of any legal action between the parties hereto to enforce the provisions of this Agreement, the prevailing party shall be entitled to attorney’s fees and costs.
17. Representations
City and Employee each represent and warrant to the other that each has received legal advice from independent and separate legal counsel with respect to this Agreement, or has knowingly declined to obtain such legal advice, and further represent and warrant to each other that each has carefully reviewed this Agreement and each and every term hereof. This Agreement shall not be construed against the party or its representatives who draft it or any portion hereof.
18. Counterparts
This Agreement may be executed on separate copies, any one of which need not contain signatures of more than one party but all of which taken together shall constitute one and the same Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first herein written above.
“EMPLOYEE”
Dated: ____________________________________
Brandon Dorenbush
"CITY"
Dated: ____________________________________
Soknirorn Than, City Manager
ATTEST:
_______________________________
Lucille L. Mallonee, City Clerk
APPROVED AS TO FORM BY THE
CITY ATTORNEY FOR THE
CITY OF LOS BANOS:
_______________________________
Mary F. Lerner, City Attorney
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Fire Chief
CITY OF LOS BANOS
Job Description
POSITION TITLE FIRE CHIEF
DEPARTMENT FIRE
EMPLOYMENT CATEGORY EXEMPT
EMPLOYMENT LEVEL MANAGEMENT
DEFINITION
To plan, organize, direct and review the activities and operations of the Fire Department including fire suppression, hazardous material mitigation, fire and life safety, code compliance, emergency medical services and administrative support services; to coordinate assigned activities with other departments and outside agencies; and to provide highly responsible and complex administrative support to the City Manager.
SUPERVISION RECEIVED AND EXERCISED
Receives administrative direction from the City Manager. Exercises direct supervision over assigned sworn and non-sworn management, supervisory, technical and administrative support personnel.
EXAMPLES OF ESSENTIAL DUTIES
Duties may include, but are not limited to, the following:
• Reliable and dependable attendance and punctuality.
• Develop, plan and implement Department goals and objectives; recommend and administer policies and procedures.
• Coordinate Department activities with those of other departments and outside agencies and organizations; prepare and present staff reports and other necessary correspondence.
• Direct, oversee and participate in the development of the Department’s work plan; assign work activities, projects and programs; monitor work flow; review and evaluate work products, methods and procedures.
• Recommend the appointment of personnel; provide or coordinate staff training; conduct performance evaluations; implement discipline procedures as required; maintain discipline and high standards necessary for the efficient and professional operation of the Department.
• Answer questions and provide information to the public; investigate complaints and recommend corrective action as necessary to resolve complaints. • Build and maintain positive working relationships with co-workers, other City employees and the public using principles of good customer service. • Maintain skills through continuing education and training. • Attend various meetings, trainings, etc.
ATTACHMENT A
485
Fire Chief
• Research and prepare technical and administrative reports and studies; prepare written correspondence as necessary.
• Develop schedules and methods to accomplish assignments ensuring work is completed in a timely and efficient manner.
• Plan, organize and direct fire related activities including fire suppression, arson investigations, training, fire inspections, and basic life support operations. • Maintain emergency equipment, apparatus, and facilities. • Supervise and participate in the development and administration of the Fire Department budget; direct the forecast of additional funds needed for staffing, equipment, materials and supplies; monitor and approve expenditures; implement mid-year adjustments
• Respond to major fire alarms and personally direct fire suppression activities as necessary.
• Direct and participate in the research of alternative approaches to fire suppression, hazardous material handling, fire and life safety code, and emergency programs. • Oversee and participate in fire suppression, basic life support and first aid, fire and arson investigations, and fire inspection activities.
• Plan, organize and implement department training for fire suppression, heavy rescue operations, driver operator and related topics.
• Serve as the Chief Building Official; ensure that new construction within the City meets building and City codes and standards.
• Leads and oversees volunteer fire services program.
• Perform other related duties as assigned.
Knowledge of:
• Budgeting procedures and techniques.
• Pertinent local, State and Federal laws, rules and regulations. • Modern office procedures and computer equipment.
• Principles and practices of leadership, motivation, team building and conflict resolution.
• Principles and practices of organizational analysis and management. • Principles and practices of supervision, training, and personnel management. • Principles, practices, methods and techniques of modern fire suppression and life safety activities.
• Operation, maintenance and uses of firefighting apparatus and equipment. • Modern fire prevention and investigation techniques.
• Modern hazardous material containment practices.
Ability to:
• Plan, direct and control the administration and operations of the Fire Department. • On a continuous basis, analyze budget and technical reports; interpret and evaluate staff reports; know laws, regulations and codes; observe performance and evaluate staff; problem solve department related issues; remember various rules and procedures; and explain and interpret policy.
486
Fire Chief
• On a continuous basis, sit at desk and in meetings for long periods of time; intermittently twist to reach equipment surrounding desk; perform simple grasping and fine manipulation; use telephone; write or use a keyboard to communicate through written means; and lift or carry weight of 10 pounds or less. • Interpret and apply local, State, Federal, City and department policies, procedures, rules and regulations.
• Supervise, train and evaluate personnel.
• Work independently.
• Understand and follow both oral and written instructions. • Establish and maintain effective working relationships with those contacted in the course of work.
• Communicate clearly and concisely, both orally and in writing. • Exercise independent judgment.
• Establish and maintain a high level of trust.
• Remain calm and focused during emergency operations.
• Prepare and administer department budgets.
• Develop and implement department policies and procedures. • Analyze problems, identify alternative solutions, project consequences of proposed actions and implement recommendations in support of goals. • Develop and implement programs to meet the needs of the City. • Effectively oversee multiple projects simultaneously while managing project costs, resources, and schedules.
• Prepare and present staff reports at City Council meetings, attend City Council meetings.
• Organize, direct and implement comprehensive fire suppression, life safety and fire investigation, and inspection programs.
• Effectively operate all fire suppression equipment with Department. • Meet the physical requirements necessary to safely and effectively perform the assigned duties as well as those of a firefighter.
MINIMUM QUALIFICATIONS
• Must be age eighteen (18) by date of application.
• Equivalent to the completion of the twelfth grade.
• Possession of a valid California Class C driver license with Firefighter endorsement or Commercial Class A or B with endorsements.
• Possession of a current State of California Emergency Technician (EMT) card is required at time of application. A course completion certificate is NOT adequate. • Possession of a valid California Firefighter I Certificate. • Possession of a valid California Fire Officer Certificate. • Possession of a valid HAZMAT Operations and Awareness Certificate. • Possession of a valid California Chief Officer Certificate. • Five (5) years of increasingly responsible command and supervisory experience in an organized fire department, including three (3) years of administrative and management responsibility.
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Fire Chief
• Bachelor’s degree from an accredited college or university in fire suppression, or related field.
10/17
488
Agenda Staff Report
TO: Mayor Amabile and Council Members
FROM: Justin Melden, Police Commander
DATE: August 5, 2026
SUBJECT: Military Equipment Use Report
TYPE OF REPORT: Agenda Item
______________________________________________________________________ Recommendation:
Staff recommends accepting the report pursuant to the requirement of AB-481, as submitted.
Background:
Assembly Bill 481, (AB 481) codified in Government Code sections 7070 through 7075, requires a law enforcement agency to obtain approval from the applicable governing body, via adoption of a Military Equipment Use Policy by ordinance, prior to the law enforcement agency funding, acquiring, or using military equipment. In May of 2022, City Council adopted a resolution approving continued use of equipment defined as “military equipment” in AB 481. In subsequent years, an annual report on the use, auditing and acquisition of equipment outlined in AB-481 is due to council annually.
On September 30, 2021, Governor Newson signed policing reform legislation aimed at increasing transparency of peace officer misconduct records and creates a system to decertify peace officers for serious misconduct, improving policing responsibility and accountability guidelines, raising eligibility standards, banning harmful restraint techniques, and creating a public forum for the funding, acquisition and use of military equipment.
Effective January 1, 2022, law enforcement agencies within California were required to abide by the rules set forth within AB 481, defining military equipment, requiring 489
ITEM 10A
approval by the City Council and public engagement for the use and acquisition of military equipment. The Los Banos Police Department has responsibly purchased and utilized this equipment within our community for decades without misuse or abuse. AB 481 requires a law enforcement agency to make its policy public.
The City of Los Banos has complied with these requirements and are continuing the use and acquisition of such equipment as outlined in AB-481.
Discussion:
The term "military equipment", as used in AB 481, does not necessarily indicate equipment that has been used by the military. "Military equipment" here includes, but is not limited to, unmanned aerial or ground vehicles, armored vehicles, command and control vehicles, pepper balls, less lethal shotguns, less lethal 40mm projectile launchers, long range acoustic devices, and flashbangs. These items provide police officers with the ability to safely resolve volatile situations which otherwise might rise to the level of a lethal force encounter.
The Los Banos Police Department has equipment that meets criteria of 5 of the 15 categories (categories 1,5,10,12 and 14) set forth in AB 481:
• Unmanned, remotely piloted, powered aerial (Drones) or ground vehicles (Equipment Category 1).
• Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units (Equipment Category 5). • Specialized firearms and ammunition of less than 50 caliber, including firearms and accessories identified as assault weapons in penal code 30510 and penal code 30515, with the exception of standard issue handguns (Equipment Category 10).
• Munitions containing teargas or OC, excluding standard, service-issued handheld pepper spray (Equipment Category 12).
• Kinetic energy weapons and munitions (Equipment Category 14).
The Los Banos Police Department has used items described in AB-481 as military equipment on several occasions to leverage tactical advantages to safely defuse volatile encounters and take people into custody. The ability to have multiple force options ranging from long distance equipment found in category 10, to less lethal options found in category 12 and 14 provide safer alternatives to managing hostile encounters for both the public and officers. These items provide officers with time and 490
distance which is often crucial when dealing with violent or self-destructive individuals.
These tools have been tested in the field, and are used by law enforcement agencies to enhance citizen safety, officer safety.
The Los Banos Police Department has followed the requirements per AB-481 in creating a Military Equipment Use Policy - Policy 706 and has posted it to the department’s website at https://losbanos.org/city-government/departments/police/ab481/ for the public to view, provide comments, complaints, and concerns. As required for transparency, the Los Banos Police Department has uploaded multiple written documents on the department’s website within 30-days to meet the requirements of AB 481.
Continued Use/ Audit and Acquisition:
As a requirement of AB-481 the Department has conducted audits into the use, deployment and acquisition of equipment outlined in AB-481. This information will be updated on the department website. The continued acquisition of equipment outlined in AB-481 will occur as needed to adequately equip and train staff.
Auditing occurs during the use of force reporting review process and equipment is inspected routinely by assigned staff. Citizen concern/complaints are reviewed for any mention of the military equipment policy.
Through this reporting period there have been zero (0) reported violations of the Military Equipment Use Policy (Policy 706).
Fiscal Impact:
There is no additional fiscal impact by the continued use of equipment identified in AB481.
Reviewed by:
_______________________________
Nirorn Than, City Manager
Attachment:
LBPD 2025 Annual Military Equipment Use Report (AB-481) 491
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492
1 Los Banos Police Department
Annual Military Equipment Use Report
July-16, 2025- July 16,2026
AB-481 Report #3
493
2 Executive Summary:
Los Banos Police Department summery of AB-481 Military
Equipment Funding, Acquisition and Use Policy
On September 30, 2021, Governor Newson signed policing reform legislation aimed at increasing transparency of peace officer misconduct records, and created a system to decertify peace officers for serious misconduct, improving policing responsibility and accountability guidelines, raising eligibility standards, banning harmful restraint techniques, and creating a public forum for the funding, acquisition and use of military equipment.
AB 481 was authored by Assembly member David Chiu (D- San Francisco) to address the funding, acquisition and use of military equipment.
AB 481 definition of military equipment
The Assembly Bill has designated the following categories of items as military equipment. The Los Banos Police Department has equipment that meets criteria of 5 of the 15 categories (categories 1,5,10,12 and 14):
• Unmanned, remotely piloted, powered aerial or ground vehicles (Equipment Category 1).
• Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units (Equipment Category 5). • Specialized firearms and ammunition of less than 50 caliber, including firearms and accessories identified as assault weapons in penal code 30510 and penal code 30515, with the exception of standard issue handguns (Equipment Category 10). • Munitions containing teargas or OC, excluding standard, service-issued handheld pepper spray (Equipment Category 12).
• Kinetic energy weapons and munitions (Equipment Category 14). 494
3 The requirements of AB 481
AB 481 requires each law enforcement agency’s governing body to adopt a written military use policy by ordinance in a public forum by April 30, 2022, in order to continue the use of its previously acquired equipment effective May 1, 2022. To help guide this process, the Los Banos Police Department has crafted a summary of AB 481 for our residents, as well as the following required materials:
• Los Banos Police Department ‘s Lexipol policy 706 is available to review on the city website. The AB 481 defined list of military equipment currently in Los Banos Police Department ‘s possession is included in the policy, as well as each items purpose, authorized used, and expected lifespan and fiscal impact. • Establish a concern or complement process. The Los Banos Police Department has created a means for the public to submit commendations, questions and complaints.
Additional information is available on the city website. • Prepare an Annual Report to include the use of military equipment, any complaints received, any internal audits or other information about violations of Los Banos Police Department policy section 706, the cost of such use and other similar information. This webpage will be utilized for distribution of any updates to the above materials as well as the Annual Report. The first Annual Report was distributed on or around May, 2023, and the second Annual Report was completed in May of 2024.
Note: Los Banos Police Department does not utilize, any equipment procured from the United States Department of Defense through the Law Enforcement support program (also known as the 1028 or the 1033 program).
Public input regarding AB 481
As required for transparency, the Los Banos Police Department has uploaded multiple written documents on this website 30-days prior to a public meeting to meet the requirements of AB 481.
In compliance with Assembly Bill 481, the Los Banos Police Department presented to city council on May 18, 2022, who adopted an ordinance authorizing the continued use and acquisition of Military Equipment identified in AB 481. Complete agenda packets with backup reports for City Council Meetings are available online. 495
4 Inventory/Cost by Equipment Type
1. Unmanned Arial Vehicles (Category 1)
a. Description, quantity, capabilities, and purchase cost:
The Unmanned Aerial Systems in operation by the Los Banos Police Department are: Matrice 30- Thermal ($16,898.83) DJI phantom pro-4 (Da-Jiang Innovations) ($2500), DJI Phantom 3 Standard- ($800), 3 (DJI) Mavic Mini ($420.00), 1 DJI (Avata 2) ($1,303.91) are all commercial/consumer-grade UAS (Unmanned Aerial Systems) commonly used by construction and utility companies for the inspection of buildings, power lines, windmills and other infrastructure, The UAS is a battery powered remote operated device. The controller allows the pilot to control the UAS as well as view live video produced by the onboard camera system the drone is equipped with. Flight time for each battery is approximately 25-30 minutes depending on weather and flight conditions. Drones have been proven to be useful by public safety agencies to conduct pre-operational surveillance, search and rescue missions, and tactical situations where enhancing the view point reduces effect of law enforcement and fire personnel. The Department is currently in the test and evaluation phase of another commercial grade UAS.
b. Purpose:
To be deployed when the view would be enhanced to assist officers or incident commanders with the following situations, which include but are not limited to:
I. Major collision investigation
II. Search for missing/wanted persons
III. Natural disaster management
IV. Crime scene photography
V. Tactical or other public safety and life preservation missions VI. In response to specific requests from local, state or federal fire authorities for fire response and/or prevention.
c. Authorized Use:
Only assigned operators who have completed the required training shall be permitted to operate the UAV during approved missions. All other applicable LBPD Policies remain in effect, to include but not limited to, LBPD Policy 311- Search and Seizure, LBPD Policy 316- Missing Persons, LBPD Policy 606- Unmanned Arial System Operations and LBPD Policy 703- Vehicle Use. d. Expected Lifespan:
5 Years
e. Fiscal Impact:
Annual maintenance cost of approximately $1,000
496
5 2. Command and Control Vehicles (Category 5)
a. Description, quantity, capabilities, and purchase cost:
2011 Bumper pull trailer with a custom interior equipped with electrical supply, generator power source, seating and workspace. The interior is climate controlled and lighted by several recessed florescent lighting fixtures. The rear portion of the trailer is equipped with a cargo-equipment and supply storage area. The Trailer is used on critical incidents to provide additional command and control as well as provide shelter, supply storage, and evidence storage. Approximate cost:
$15,000.00 funded through AVOID Grant- 2011.
b. Purpose
To be utilized for critical incident callouts
c. Authorized Use
The Command Post Trailer is used by officers and staff who have been properly trained in the safe handling of the vehicle. The driver of the vehicle shall have a California driver license. All other applicable LBPD policies remain in effect to include, but not limited to, LBPD 703- Vehicle use, LBPD Policy- 802- Property and Evidence.
d. Expected Lifespan:
20 Years
e. Fiscal Impact
Annual maintenance cost of approximately $2,000.
3. Specialized Firearms and Ammunition (Equipment
Category 10)
a. Description, quantity, capabilities, and purchase cost:
i. The Carbine Rifle is a firearm capable of accurately stopping an armed subject at various distances. The Carbine Rifle is a lightweight, air-cooled, gas operated, magazine fed, shoulder fired weapon, designated for semiautomatic and selective fire. The Carbine Rifle does not have an expiration and will need to be serviced or replaced with the Rifle fails or breaks. The .223/5.56 cartridge is used as a lethal option designed to stop a violent encounter. The projectile is capable of penetrating soft body armor being worn by armed subjects. Colt Ar-15/ M4 Approximate Cost $15,000 Quantity-15 Windham Weaponry R11SFST-7 WW15/AR-15 5.56
Quantity: 14 Cost; Approximately $13,934.68. Sons of Liberty, Gun Works- Model M4-89 Cost; Approximately $1,400 (each).
ii. The Federal American Eagle .223-.62 grain FMJ is the Departments primary training and duty ammunition, the ammunition is deployed during potential leather encounters when shooting from distance or through barriers- Cost: $3,956.20 Quantity: 10,100 Rounds.
iii. Remington UMC .223 62 grain CTFB is the Departments secondary training and duty ammunition, the ammunition is deployed during 497
6 potential lethal encounters when shooting from distance or through barriers. Cost: 1,033.80 Quantity: 2800.
b. Purpose:
To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and feasible. c. Authorized Use:
Only members that are POST certified are authorized to use a rifle. All other applicable LBPD policies remain in effect, to included but not limited to LBPD policy 300- Use of Force, LBPD Policy 306- Firearms Training and Qualifications.
d. Expected Lifespan:
i. Carbine Rifle- No expiration
ii. Federal American Eagle .223, 62 grain FMJ- No expiration iii. Remington UMC .223 62 grain CTFB- No expiration
e. Fiscal Impact:
i. Carbine Rifle- Annual Cost between $0.00- $10,000.
ii. Federal American Eagle .223- 62 grain FMJ- Annual cost between $0.00 to $5,000.
iii. Remington UMC .223 62 grain CTFB- Annual cost between $0.00 to $5,000.
4. PepperBall Launcher (Category 12)
a. Description, quantity, capabilities, and purchase cost:
System that uses high pressure air to deliver Pelargonic Acid Vanillylamide (PAVA) powder projectiles (similar to a paint ball delivery system). The System is capable of launching projectiles at a subject up to 60’. The System is capable of area saturation up to 160’. This is a non-lethal option to offer law enforcement officers to deliver chemical agents and kinetic energy impacts to subjects in a potentially violent encounter. De-Escalation tool used to avoid further injuries or lethal options on a subject. Approximate Cost: $2,000.00 Quantity: 4 i. PepperBall Live Projectile, the basic PepperBall projectile contains 2% PAVA pepper powder, and is designed for direct impact and area saturation, especially in confined, interior spaces. Discharged from a PepperBall Launcher, the projectile has a velocity of 280-350 FPS. The projectile has a direct impact of 60ft and an area saturation of 150=f. The projectile contains 0.5% PAVA powder .8230. Cost: $3,412.00 Quantity:
1500.
b. Purpose:
To limit the escalation of conflict where deployment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include but, are not limited to:
i. Self-destructive, dangerous and/or combative individuals. ii. Riot/Crowd control and civil unrest indecent
498
7 iii. Circumstances where a tactical advantage van be obtained iv. Potentially vicious animals
v. Training exercises or approved demonstrations
c. Authorized Use:
Only those officers who have been trained in the use of PepperBall launchers are authorized to use the PepperBall launchers. All other applicable LBPD Policies remain in effect, to included, but not limited to, LBPD Policy 300- Use of Force d. Expected Lifespan:
i. PepperBall Launcher: No expiration
ii. Live Projectile: 1 year
e. Fiscal Impact:
i. PepperBall Launcher: Annual cost between $0 and $1,000. ii. Live Projectile: Annual cost between $0 and $2,000.
5. Projectile Launch platforms and associated munitions (Category 14)
a. Description, quantity, capabilities, and purchase cost:
Lewis Machine & Tool (LMT) Launcher approximate Cost: 4,000. Quantity: 3.
The LMT 40mm launcher is not a firearm, but a less-lethal system that uses smokeless powder to deliver 40mm projectiles from a safe distance. The LessLethal launcher is capable of launching 40mm munitions at a subject up to 25 yards. The Less-Lethal launcher is a single launcher, which allows the officer to assess after every spent munition. Less-Lethal launcher does not have an expiration and will need to be serviced or replaced with the launcher fails or breaks. The 40mm munition is a direct impact spin stabilized smokeless sponge munition. The sponge baton munition is used as Less-Lethal weapon designed to de-escalate a potentially violent encounter. Approximate Cost: $3,818 Quantity:
200
b. Purpose:
To limit the escalation of conflict where lethal force is prohibited or undesirable. c. Authorized Use:
Situations for use of the less-lethal weapon system may include but are not limited to:
i. Self-destructive, dangerous and/or combative individuals ii. Riot/crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals.
v. Training exercises or approved demonstrations.
All other applicable LBPD Policies remain in effect, to include, but not limited to, LBPD Policy 300- Use of force.
d. Expected Lifespan:
i. 40mm Launcher- No expiration
499
8 e. Fiscal Impact:
i. 40mm Sponge Round: Annual cost between $0 and $400.
6. Projectile Launch platforms and associated munitions (Category 14)
a. Description, quantity, capabilities, and purchase cost:
i. Remington 870 Less-Lethal shotgun, cost $950 each, quantity:
10. Used to deploy less-lethal impact munitions. The stock and pump grip of the shotgun are bright orange in color to indicate it’s use as less lethal.
ii. 12-gauge Safariland drag stabilized beanbag round, #3027, approximate cost: $500, quantity 200. A less-lethal 12-gauge shotgun round that launches a ballistic fiber bag filled with 40 grams of lead shot. The effective range of this munition is at least 20 feet up to 75 feet from the target. It does not require a minimum range to “unfold” or “stabilize” and accuracy is relative to the shotgun, barrel length, environmental conditions, and the operator.
b. Purpose
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
c. Authorized Use
Situations for use of the less lethal weapon systems may include, but are not limited to:
i. Self-destructive, dangerous and/or combative individuals. ii. Riot/crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals.
v. Training exercises or approved demonstrations.
All other applicable LBPD Policies remain in effect, to include, but not limited to, LBPD Policy 300- Use of force.
d. Expected Lifespan
i. Remington 870 less
Lethal shotgun – 25
years
ii. Safari land drag
stabilized round –No
expiration
e. Fiscal Impact
i. Beanbag Round: Annual cost between $0 and $500.
500
9 Acquisitions/ Fiscal Impact
Between July, 2025 and July,2026 The Los Banos Police Department acquired the following Military Equipment:
• Category# 1- Unmanned Arial Vehicles.
o No New Acquisitions
• Category# 5- Command and Control Vehicles
o No New Acquisitions
• Category# 10- Specialized Firearms and Ammunition.
o Suppresser SKM ($550 Each)
o Ammunition
ARMSCOR 223 62GR FMJ 1000 RD Case-$460.00
• 25 Cases ($11,500 Total Expended)
• Category# 12- PepperBal Launcher.
o No new acquisitions
• Category# 14- Projectile launch platforms and associated munitions. o No new acquisitions.
• Future Acquisitions.
o The department will continue to acquire equipment outlined in this assembly bill by use of the general fund, grant funding, and any other funding source available to staff. The amount of future acquisitions will vary upon the needs
associated with each listed item. The general assumptions for future acquisitions are consistent with the itemized lists contained in this report.
501
10 Internal Audits
The Los Banos Police Department continues to remain transparent. We publicize our policy, training plan and have made our complaint forms available on our website.
The Operation Commander has conducted periodic audits during this report period, the audits have consisted of monitoring each reported use of force to determine if military equipment was used, as well as reviewing each public complaint to determine if there were any reported complaints or comments surrounding the use or acquisition of equipment identified in AB 481 as military equipment.
During this reporting period, there were zero (o) community complaints surrounding the use or acquisition of military equipment. The deployments of military equipment are documented under the “usage” heading in this report.
502
11 Usage
• Category # 1
o During this reporting period there have been over 100 missions flown by our trained UAS pilots the missions range from storm water evaluations, to tactical operations locating wanted subjects. (Equipment Category #1) • Category # 5
o During this reporting period the mobile command post has been deployed roughly 4 times ranging from providing remote command posts for critical incidents. (Equipment Category # 5)
• Category # 10
o During this reporting period there were no applications of the items in LBPD inventory for (Equipment Category# 10). The department purchased additional ammunition after training consumption. • Category # 12
o During this reporting period there were no applications of the items in LBPD inventory for (Equipment Category# 12).
• Category# 14
o During this reporting period there were no applications of the items in LBPD inventory for (Equipment Category# 14). The department purchased additional ammunition after training consumption.
Findings:
The Los Banos Police Department had zero (0) citizen complaints involving use of military equipment.
The Los Banos Police Department had zero (0) applications of force involving military equipment.
There have been zero (0) reported violations of the military equipment use policy. 503
12 Conclusion
The acquisition and use of military equipment in our communities may impact the public’s safety and welfare. The public has a right to know about any funding, acquisition, or use of military equipment by local government officials, as well as a right to participate in the local government’s decision to fund, acquire, or use such equipment. when making decisions regarding how military equipment is funded, acquired or used, the Los Banos Police Department gives strong consideration to the public’s welfare, safety, civil rights, and civil liberties.
In a continued effort for greater transparency, the Los Banos Police Department has made its policy procedures available online. Additionally, online you will see a platform for public comment. Public comments are reviewed as they are received and investigated thoroughly.
The Los Banos Police Department will continue to revise its practices to ensure complacence with the evolving legal requirements and community expectations.
This report complies with the requirements of Government Code Section 7072.
1. A summary of how the military equipment was used and the purpose of its use.
2. A summary of any complaints or concerns received concerning the military equipment.
3. The results of any internal audits, any information about the violations of the military equipment use policy, and any actions taken in response.
4. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
5. The quantity possessed for each type of military equipment.
6. If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
7. Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the law enforcement agency shall hold at least one wellpublicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency’s funding, acquisition, or use of military equipment.
504
Agenda Staff Report
TO: Mayor Amabile and Council Members
FROM: Mary Lerner, City Attorney
DATE: August 5, 2026
TYPE OF REPORT: Public Hearing
SUBJECT: Renewing Sections 4-12.01 through 4-12.06 of Title 4, Chapter 12 of the Los Banos Municipal Code – Military Equipment Use
______________________________________________________________________ Recommendation:
Staff recommend that the City Council renewing the City’s Military Equipment Use Ordinance at sections 4-12.01 through 4-12.06 of Title 4, Chapter 12 of the Los Banos Municipal Code and finding that such continues to satisfy the standard for approval set forth in California Government Code section 7071.
Discussion:
Government Code section 7071(e) requires the City Council to annually review the Military Equipment Use Ordinance and determine whether continued authorization remains appropriate.
Specifically, the City Council must determine whether each type of military equipment continues to satisfy the approval standards established in Government Code section 7071(d), including whether:
• The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and public safety; • The proposed use of military equipment safeguards the public's welfare, safety, civil rights, and civil liberties;
505
ITEM 10B
• The purchase of equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety; • Appropriate policies, procedures, and training remain in place; • Adequate oversight mechanisms exist to ensure compliance with applicable laws and departmental policy;
• The equipment has not resulted in unlawful or inappropriate uses inconsistent with the approved policy.
The Annual Military Equipment Report demonstrates that the Department has continued to utilize approved military equipment consistent with the adopted Military Equipment Use Policy. The report identifies the equipment used, describes operational deployments, summarizes required training, identifies any complaints or policy violations, and outlines associated costs.
Staff has reviewed the report and determined that the elements set forth in Government Code section 7071(d) and outlined above continue to be met. As such, no modifications to the Military Equipment Use Policy are recommended at this time.
Accordingly, staff recommends renewal of the ordinance authorizing continued funding, acquisition, and use of the approved military equipment.
Should the City Council determine that any category of military equipment has not complied with the statutory approval standards, Government Code section 7071(e)(2) requires the Council to either deny renewal for that category of equipment or direct modifications to the Military Equipment Use Policy sufficient to bring the equipment into compliance.
Fiscal Impact:
Renewal of the Military Equipment Use Ordinance does not authorize any additional appropriations beyond those approved through the City's annual budget process. Existing operational and maintenance costs are identified in the attached Annual Military Equipment Report and are funded through the Police Department's adopted budget.
Reviewed by:
_______________________________ _______________________________ Nirorn Than, City Manager Minerva Moreno, Finance Director 506
Attachments:
1. Ordinance
2. Exhibit A
3. Public Hearing Notice
507
THIS PAGE IS INTENTIONALLY LEFT BLANK
508
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LOS BANOS RENEWING TITLE 4, CHAPTER 12 OF
THE LOS BANOS MUNICIPAL CODE AUTHORIZING THE
FUNDING, ACQUISITION, AND USE OF MILITARY
EQUIPMENT PURSUANT TO CALIFORNIA
GOVERNMENT CODE SECTION 7071(e)
WHEREAS, Government Code section 7071(e) requires the City Council to review the Military Equipment Use Ordinance set forth in Title 4, Chapter 12 of the Los Banos Municipal Code (attached hereto as Exhibit A) at least annually and vote on whether to renew the ordinance at a regular meeting; and WHEREAS, Government Code section 7071(d) requires the City Council to determine whether each type of military equipment continues to satisfy the statutory approval standards, including that:
1. The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and public safety;
2. The proposed use of military equipment safeguards the public's welfare, safety, civil rights, and civil liberties;
3. The purchase of equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety;
4. Appropriate policies, procedures, and training remain in place;
5. Adequate oversight mechanisms exist to ensure compliance with applicable laws and departmental policy; and
6. The equipment has not resulted in unlawful or inappropriate uses inconsistent with the approved Military Equipment Use Policy; and
WHEREAS, the Police Department has prepared and submitted its Annual Military Equipment Report as required by Government Code section 7072; and WHEREAS, the City Council has reviewed the Annual Military Equipment Report and finds that no modifications to the Military Equipment Use Policy are necessary at this time.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LOS BANOS DOES ORDAIN AS FOLLOWS:
The City Council finds that the Annual Military Equipment Report satisfies the reporting requirements of Government Code section 7071(e) and demonstrates continued compliance with the City's Military Equipment Use Policy. Pursuant to 509
Government Code section 7071(e), the City Council hereby renews the ordinance authorizing the continued funding, acquisition, and use of the military equipment identified in the City's Military Equipment Use Policy.
The City Council directs that the final readoption of the Ordinance be brought back for consideration at the August 19, 2026 Council Meeting which date follows the required community engagement meeting pursuant to Government Code section 7072(b). The community engagement meeting will be held August 21, 2026 from 4:00 – 5:00 p.m. at the Los Banos Police Department Training Room located at 1111 G Street, Los Banos, California 93635.
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 5th day of August, 2026. Passed on the ___ th day of August, 2026 by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
__________________________
Michael S. Amabile, Mayor
ATTEST:
___________________________
Lucille L. Mallonee, City Clerk
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EXHIBIT A
Chapter 12
Military Equipment Use
§ 4-12.01. Title.
The ordinance codified in this chapter shall be known as the military equipment use ordinance.
(§ 1, Ord. 1196, eff. July 1, 2022)
§ 4-12.02. Purpose.
The purpose of the ordinance codified herein is to ensure the Police Department's compliance with California Assembly Bill 481, which requires California law enforcement agencies to obtain approval of the law enforcement agency's governing body, by adoption of a military equipment use policy, as specified, by ordinance at a regular meeting prior to taking actions relating to the funding, acquisition, or use of military equipment.
(§ 1, Ord. 1196, eff. July 1, 2022)
§ 4-12.03. Definitions.
"Police Department" means any division, section, bureau, employee, volunteer and/or contractor of the Los Banos Police Department.
"Military equipment" includes all of the following (Per California Government Code Section 7070):
(1) Unmanned, remotely piloted, powered aerial or ground vehicles.
Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers.
However, police versions of standard consumer vehicles are specifically excluded from this subdivision.
(2)
High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half (2.5) ton trucks, five ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.
(3)
Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion. (4)
Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. (5)
(6) Weaponized aircraft, vessels, or vehicles of any kind.
Battering rams, slugs, and breaching apparatuses that are explosive in nature.
However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this (7)
City of Los Banos, CA
§ 4-12.01 § 4-12.03
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"Military equipment use policy" means a publicly released, written document that includes, at a minimum, all of the following:
subdivision.
Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.
(8)
Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.
(9)
Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.
(10)
(11) Any firearm or firearm accessory that is designed to launch explosive projectiles. "Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper balls," excluding standard, service-issued handheld pepper spray. (12)
Taser shockwave, microwave weapons, water cannons, and the long range acoustic device (LRAD).
(13)
The following projectile launch platforms and their associated munitions: 40 millimeter projectile launchers, "bean bag," rubber bullet, and specialty impact munitions (SIM) weapons.
(14)
Any other equipment as determined by a governing body or a state agency to require additional oversight.
(15)
Notwithstanding subsections (b)(1) through (b)(15) above, "military equipment" does not include general equipment not designated as prohibited or controlled by the Federal Defense Logistics Agency.
(16)
A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment.
(1)
The purposes and authorized uses for which the Police Department proposes to use each type of military equipment.
(2)
The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment. (3)
(4) The legal and procedural rules that govern each authorized use.
The training, including any course required by the commission on peace officer standards and training, that must be completed before any officer, agent, or employee of the Police Department is allowed to use each specific type of military equipment to ensure the full protection of the public's welfare, safety, civil rights, (5)
City of Los Banos, CA
§ 4-12.03 § 4-12.03
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(§ 1, Ord. 1196, eff. July 1, 2022)
§ 4-12.04. Military equipment use policy requirement.
and civil liberties and full adherence to the military equipment use policy.
The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.
(6)
The procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the Police Department will ensure that each complaint, concern, or question receives a response in a timely manner. (7)
(a) The Los Banos Police Department shall obtain City Council approval of a military equipment use policy in accordance with Government Code Section 7071 at a regular meeting of the City Council held pursuant to the Ralph M. Brown Act (Government Code Section 54950 et seq.) prior to engaging in any of the following:
(1) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
(2) Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(3) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(4) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the City of Los Banos.
(5) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the City of Los Banos pursuant to this chapter.
(6) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, military equipment.
(7) Acquiring military equipment through any means not provided by this section. (b) In seeking the approval of the City Council, the Los Banos Police Department shall submit a proposed military equipment use policy to the City Council and make those documents available on the Police Department's internet website at least 30 days prior to any public hearing concerning the military equipment at issue. (c) The City Council shall only approve a military equipment use policy pursuant to this chapter if it determines all of the following:
City of Los Banos, CA
§ 4-12.03 § 4-12.04
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(§ 1, Ord. 1196, eff. July 1, 2022)
§ 4-12.05. Use in exigent circumstances.
(§ 1, Ord. 1196, eff. July 1, 2022)
(1) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. (2) The proposed military equipment use policy will safeguard the public's welfare, safety, civil rights, and civil liberties.
(3) If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
(4) Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance. (d) In order to facilitate public participation, any proposed or final military equipment use policy shall be made publicly available on the internet website of the Police Department for as long as the military equipment is available for use. (e) The City Council shall review the ordinance codified in this chapter at least annually and vote on whether to renew it at a regular meeting held pursuant to the Ralph M. Brown Act, Government Code Section 54950 et seq. (a) Notwithstanding the provisions of this chapter, the Police Department may acquire, borrow and/or use military equipment in exigent circumstances without following the requirements of this chapter. "Exigent circumstances" means a law enforcement agency's good faith belief that an emergency involving the danger of, or imminent threat of death or serious physical injury to any person is occurring, has occurred, or is about to occur.
(b) If the Police Department acquires, borrows, and/or uses military equipment in exigent circumstances that has not been approved in the military equipment policy as authorized in accordance with this section, it must take all of the following actions:
(1) Provide written notice of that acquisition or use to the City Council within 30 days following the commencement of such exigent circumstance, unless such information is confidential or privileged under local, state or federal law. (2) If it is anticipated that the use will continue beyond the exigent circumstance, submit a proposed amended military equipment use policy to the City Council within 90 days following the borrowing, acquisition and/or use, and receive approval, as applicable, from the City Council.
(3) Include the military equipment in the Police Department's next annual military equipment report.
City of Los Banos, CA
§ 4-12.04 § 4-12.06
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§ 4-12.06. Reports on the use of military equipment.
(§ 1, Ord. 1196, eff. July 1, 2022)
(a) The Police Department shall submit to the City Council an annual military equipment report for each type of military equipment approved by the City Council annually for as long as the military equipment is available for use. (b) The Police Department shall also make each annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use.
(c) The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
(1) A summary of how the military equipment was used and the purpose of its use. (2) A summary of any complaints or concerns received concerning the military equipment.
(3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. (4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
(5) The quantity possessed for each type of military equipment. (6) If the Police Department intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. (d) Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the Police Department shall hold at least one wellpublicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the Police Department's funding, acquisition, or use of military equipment.
(e) The City Council shall determine, based on the annual military equipment report submitted pursuant to this section, whether each type of military equipment identified in that report has complied with the standards for approval set forth in this chapter and the military equipment use policy. If the City Council determines that a type of military equipment identified in that annual military equipment report has not complied with the standards for approval, the City Council shall either disapprove a renewal of the authorization for that type of military equipment or require modifications to the military equipment use policy in a manner that will resolve the lack of compliance.
City of Los Banos, CA
§ 4-12.06 § 4-12.06
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CITY COUNCIL
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that pursuant to California Government Code section 7071(e), a Public Hearing will be held by the Los Banos City Council to consider renewing sections 4-12.01 through 4-12.06 of Title 4 Chapter 12, of The Los Banos Municipal Code – Military Equipment Use.
A PUBLIC HEARING on this matter will be held at the next scheduled meeting of the Los Banos City Council on Wednesday, August 5, 2026 at 6:00 p.m. in the Council Chambers of Los Banos City Hall, located at 520 “J” Street, Los Banos, California. Questions regarding the above-referenced item may be directed to Mary Lerner, City Attorney’s office at (209) 827-2439 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 renewal 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
_____/s/ Vionna Lin______
VIONNA LIN
ASSISTANT CITY CLERK
________________________________
STATE OF CALIFORNIA )
COUNTY OF MERCED ) ss. AFFIDAVIT OF POSTING
CITY OF LOS BANOS )
Vionna Lin deposes and says: That she is the duly designated and qualified Assistant City Clerk for the City of Los Banos and that she caused the above notice to be posted on the bulletin board outside City Hall, 520 J Street, Los Banos, California at 5:00 PM, July 16, 2026. _____/s/ Vionna Lin______
VIONNA LIN
ASSISTANT CITY CLERK
LOS BANOS, CALIFORNIA
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