Agenda packet — Los Banos City Council, August 19, 2026

Los Banos City Council Agenda – August 19, 2026 Page 1 of 7 www.losbanos.org
AGENDA

CITY COUNCIL MEETING
Meeting Locations:

CITY HALL COUNCIL CHAMBERS
520 J Street
Los Banos, California
Council Member Perez will attend the meeting remotely from the following location which will be open to the public: 21622 Marguerite Parkway Apt. 592, Mission Viejo, CA 92692.

August 19, 2026 – 6:00 PM

ZOOM LOGIN INSTRUCTIONS
Use the following URL to start Zoom:
https://zoom.us/j/98473588658?pwd=gLdkv11txCbTnrw1NZk6Urzuwcg6mO.1 Passcode: 664223
To participate by phone:

Dial: 1 (669) 444 - 9171
Webinar ID: 984 7358 8658
Staff highly recommends that participants log into Zoom 15 minutes before the meeting begins to perform an audio check and ensure they have an optimal internet connection.

Options to participate:
• If you wish to speak on an item using the Zoom platform on your computer/laptop or smartphone, please use the “raise hand” icon, and you will be unmuted when it is your turn to speak. Please provide your name when unmuted. You can address the Council for up to 3 minutes. • If you are calling into the meeting only (no camera/video) and wish to comment, press *9 to “raise your hand” and *6 to unmute yourself. • Public participants attending via Zoom will be able to view the proceedings virtually; however, access to the camera/video participation features will not be available.

Live stream on YouTube at:
https://www.youtube.com/@losbanos406
1 updated 8/14/26 @ 1:15 pm
Los Banos City Council Agenda – August 19, 2026 Page 2 of 7 Levine Act Statement – Campaign Contribution Prohibition and Mandatory Disclosure: Pursuant to Government Code section 84308, a Council member shall not accept, solicit, or direct a campaign contribution of more than $500 from any party or their agent, or from any participant or their agent, while a proceeding involving a license, permit, contract, or other entitlement for use is pending before the City or for 12 months after a final decision is rendered in that proceeding. Any Council Member who has received a campaign contribution of more than $500 within the preceding 12 months from a party or their agent, or from a participant or their agent, must disclose that fact on the record of the proceeding and shall not make, participate in making, or in any way attempt to use their official position to influence the decision.

Pursuant to Government Code section 84308, subdivision (e), any party to a covered proceeding before the City Council is required to disclose on the record of the proceeding any campaign contribution, including aggregated contributions, of more than $500 made within the preceding 12 months by the party or their agent to any Council Member. The disclosure shall be made as required by Government Code Section 84308, subdivision (e)(1) and California Code of Regulations, Title 2, section 18438.8. No party or their agent, and no participant or their agent, shall make a campaign contribution of more than $500 to any Council Member during the covered proceeding or for 12 months after a final decision is made in that proceeding. The foregoing statements do not constitute legal advice, and parties and participants are urged to consult with their own legal counsel regarding the applicable requirements of the law.

Please note: The Brown Act provides the public with an opportunity to make public comment at any public meeting. As an alternative for in-person comments, written public comment may be made by e-mail to [email protected] or delivered to the City Clerk at City Hall, 520 J Street. All comments received will be read by the City Clerk during Public Forum and added to the agenda packet on the City’s website for public review. Agenda packets can be found on the City’s website at the following link:
https://losbanos.org/category/city-council/
Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the meeting and in the City Clerk’s office located at City Hall, 520 J Street, Los Banos, California during normal business hours. In addition, such writings and documents may be posted on the City’s website at www.losbanos.org.
* * * * * * * * * * * * * * * *
Cualquier escritura o los documentos proporcionaron a una mayoría del Ayuntamiento respecto a cualquier artículo en este orden del día será hecho disponible para la inspección pública en la reunión y en la oficina de la Secretaria de la ciudad en City Hall, 520 J Street, Los Banos, California durante horas de oficina normales. Además, tales escrituras y los documentos pueden ser anunciados en el website de la ciudad en www.losbanos.org.

If you require special assistance or translation services to attend or participate in this meeting, please call the City Clerk’s Office @ (209) 827-7000 at least 48 hours prior to the meeting.

The City of Los Banos complies with the Americans with Disabilities Act (ADA) of 1990. * * * * * * * * * * * * * * * *
Si requiere asistencia especial o asistencia de traducción para atender o participar en esta junta por favor llame a la oficina de la secretaria de la ciudad al (209) 827-7000 a lo menos de 48 horas antes de la junta.

La Ciudad de Los Banos cumple con la ley de Estadounidenses con Discapacidades (ADA) de 1990.
2 Los Banos City Council Agenda – August 19, 2026 Page 3 of 7

COMMUNITY BLESSING

1. CALL TO ORDER – August 19, 2026 6:00 PM

2. PLEDGE OF ALLEGIANCE.

3. ROLL CALL: (City Council Members)
____ Mitzy Perez – District 1 ____ Refugio LLamas – District 2 ____ Marcus Chavez – District 3 ____ Deborah Lewis – District 4 ____ Michael Amabile – Mayor

4. INFORMATIONAL AND PRESENTATION AGENDA ITEMS.

These items are included for informational purposes. No presentation will be made by staff unless City Council members have questions.

A. Certificate of Recognition – Employee of the Month for July 2026 – Salvador Rodriguez, Maintenance Worker I, Public Works Department.

5. NEW EMPLOYEE INTRODUCTIONS.

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

6. PUBLIC FORUM. ( This time is reserved for members of the public who wish to address the City Council on items that are NOT on the agenda and that are within the subject matter jurisdiction of the City Council. Speakers must direct their comments to the City Council and limit their comments to no more than three (3) minutes. It is requested that no comments be made during this period on items on the Agenda. The public will have an opportunity to comment on items on the agenda once the item has been called and the Mayor opens the item to the public. The City Council is prohibited by law from taking any action on matters discussed that are not on the agenda. No adverse conclusions should be drawn if the City Council does not respond to public comment at this time.

Speakers are not allowed to surrender/cede their public comment time.)

7. CONSIDERATION OF APPROVAL OF CONSENT AGENDA. (Items on the Consent Agenda are considered to be routine and will be voted on in one motion unless removed from the Consent Agenda by a City Council Member.)
A. Check Register for #259372 – #259736 in the Amount of $2,656,833.54.

Recommendation: Approve the check register as submitted.

B. Fourth (4th) Quarter Investment Report for Fiscal Year 2025/2026.

Recommendation: Accept the report as submitted.
3 pgs. 9-10
pgs. 11-12
pgs. 13-16
pgs. 17-28
Los Banos City Council Agenda – August 19, 2026 Page 4 of 7 C. Minutes for the August 5, 2026 City Council Meeting.

Recommendation: Approve the minutes as submitted.
the Implementation of a Drone as First Responder (DFR) Program.

Recommendation: Adopt the resolution as submitted.
4 pgs. 29-42
D. City Council Resolution No. 7136 – Authorizing the Submittal of an Application, Acceptance of an Allocation of Funds, and Execution of a Grant Agreement in the Amount of $3,515 with the California Department of Transportation for an Airport Improvement Program (AIP) Matching Grant. pgs. 43-50
Recommendation: Adopt the resolution as submitted.

E. City Council Resolution No. 7137 – Authorizing the Acceptance of Right-of-Way Acquisitions Associated with the State Route 152 Pavement Anchor Project.

Recommendation: Adopt the resolution as submitted. pgs. 51-60 F. City Council Resolution No. 7138 – Accepting the Pavement of F Street Corporation Yard Parking Lot Project as Complete, Authorizing the Filing of the Notice of Completion, and Authorizing Release of Retention. pgs. 61-68 Recommendation:

Adopt the resolution as submitted.

G. City Council Resolution No. 7139 – Approving a Master Services Agreement with Ixom Watercare, Inc., in the Amount of $77,070 for Three (3) Years, for the SolarBee Service Program at the Los Banos Wastewater Treatment Plant and Authorizing the City Manager to Execute the Agreement. pgs. 69-78 Recommendation: Adopt the resolution as submitted.

H. City Council Resolution No. 7140 – Authorizing the City Manager to Issue a Purchase Order to Superior Recreational Products through the Sourcewell Cooperative Purchasing Program for the Purchase of Shade Structures for Skylark Park in the Amount of $32,971.54 and Neighborhood Park in the Amount of $11,428.71. pgs. 79-90
Recommendation: Adopt the resolution as submitted.

I. City Council Resolution No. 7141 – Amending the Fiscal Year 2026-2027 Budget by Increasing Appropriations in Capital Buildings & Structures for Recreation Account 100-451-240-720 for Expenditures in the Amount of $65,000 for the Ranchwood Day Care Facility Roof Replacement Project. pgs. 91-110 Recommendation: Adopt the resolution as submitted.

J. City Council Resolution No. 7142 – Authorizing the City Manager to Enter a Four (4) Year Agreement with Motorola Solutions Brinc in the Amount of $179,997 for pgs. 111-116
Los Banos City Council Agenda – August 19, 2026 Page 5 of 7 K. City Council Resolution No. 7143 – Approving an Asset Disposition Services Agreement with PropertyRoom.com, Inc. for the Online Sale and Disposal of Surplus City Property and Authorizing the City Manager to Execute the Agreement.

Recommendation: Adopt the resolution as submitted.

L. City Council Resolution No. 7144 – Approving the Purchase of Seven (7) Motorola APX 8000 Portable Radios and Associated Equipment in the Amount of $60,000 for the Los Banos Police Department.

Recommendation: Adopt the resolution as submitted.

M. City Council Resolution No. 7145 – Approving the Purchase of Fifty-One (51) HUXWRX Flow 556K Rifle Suppressors in the Amount of $49,805.33 for the Los Banos Police Department.

Recommendation: Adopt the resolution as submitted.

N. City Council Resolution No. 7146 – Authorizing the City Manager to Sign a Memorandum of Understanding with the Los Banos Unified School District for School Resource Officer Services for the 2026-2029 School Years.

Recommendation: Adopt the resolution as submitted.

REGULAR AGENDA
Regular agenda items will be considered separately by the City Council. Public comments will be allowed after the introduction of an agenda item and before City Council discussion.

Members of the public will be limited to three (3) minutes for each agenda item.

8. CONSIDERATION OF ADOPTION OF CITY COUNCIL RESOLUTION NO. 7147 – RATIFYING THE CITY MANAGER’S APPROVAL OF THE EMPLOYMENT

AGREEMENT BETWEEN THE CITY OF LOS BANOS AND ROBERT LOMELI AS EMPLOYEE FOR THE POSITION OF ASSISTANT CITY ATTORNEY.

Recommendation: Receive staff report and adopt the resolution as submitted.

9. CONSIDERATION OF ADOPTION OF CITY COUNCIL RESOLUTION NO. 7148 –

APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF

LOS BANOS AND QUIRING GENERAL, LLC FOR PRECONSTRUCTION SERVICES FOR FIRE STATION NO. 4 AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT.

Recommendation: Receive staff report and adopt the resolution as submitted.

10. CONSIDERATION OF ADOPTION OF CITY COUNCIL RESOLUTION NO. 7149 –

APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF

LOS BANOS AND THE COUNTY OF MERCED FOR REPAVING OF PIONEER ROAD AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT.

Recommendation: Receive staff report and adopt the resolution as submitted. 5 pgs. 117-126
pgs. 127-130
pgs. 131-134
pgs. 135-152
pgs. 153-172
pgs. 173-184
pgs. 185-194
Los Banos City Council Agenda – August 19, 2026 Page 6 of 7

11. CONSIDERATION OF ADOPTION OF CITY COUNCIL RESOLUTION NO. 7150 –

APPROVING AN AMENDED AND RESTATED PROPERTY TAX SHARING

AGREEMENT BETWEEN THE CITY OF LOS BANOS AND THE COUNTY OF MERCED.

Recommendation: Receive staff report and adopt the resolution as submitted.

12. BRIEF CITY DEPARTMENT REPORTS.

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

13. CITY ATTORNEY REPORT.

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

14. CITY MANAGER REPORT.

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

15. BRIEF CITY COUNCIL MEMBER REPORTS.

A. Deborah Lewis – Mayor Pro Tem - District 4
B. Mitzy Perez – District 1
C. Refugio Llamas– District 2
D. Marcus Chavez – District 3
E. Michael Amabile – Mayor

16. CLOSED SESSION.

Members of the public will be provided three (3) minutes each to comment on any matter to be considered in closed session prior to the City Council adjourning into closed session. 6 pgs. 195-203
Los Banos City Council Agenda – August 19, 2026 Page 7 of 7 A. Public Employee Performative Evaluation, Title: City Manager, Pursuant to Government Code Section 54957(b).

17. ADJOURNMENT.

I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board and 21622 Marguerite Parkway Apt. 592, Mission Viejo, CA 92692 not less than 72 hours prior to the meeting.

Vionna Lin, Assistant City Clerk Dated this 14th day of August 2026 7 THIS PAGE IS INTENTIONALLY LEFT BLANK
8 Certificate of recognition
Presented to
SALVADOR RODRIGUEZ Maintenance Worker I
In recognition of your outstanding performance
and dedicated service to the City of Los Banos and for
being named “Employee of the Month” for July 2026.

Awarded August 19, 2026
________________________
Michael S. Amabile, Mayor
9 ITEM 4

THIS PAGE IS INTENTIONALLY LEFT BLANK
10 520 J St. LOS BANOS, CA 93635
TELEPHONE (209) 827-7044 FAX (209) 827-6223
Agenda Staff Report
TO: Mayor Amabile and City Council Members
FROM: Isabel Carlos
Human Resources Director
DATE: August 19, 2026
TYPE OF REPORT: Presentation
SUBJECT: New and Promotional Employee Introductions
The City is committed to recruiting, developing, and retaining a high-quality workforce to serve our community. As part of this commitment, the City regularly introduces and recognizes new hires and recently promoted employees at City Council meetings. The individuals recognized tonight reflect the City’s ongoing efforts to maintain approved staffing levels, ensure operational continuity, and support employee career development.

The following employees are being recognized for July and August 2026:

Police Department

1. Bradley Roland – Police Officer, promoted effective June 25, 2026.

2. Abel Rodriguez – Police Officer, promoted effective June 25, 2026.

3. Tyler Northey – Police Officer, promoted effective June 25, 2026.

4. James Sawyer – Community Services Officer, new hire effective July 1, 2026.

5. Cesar Grajeda-Burgos – Police Officer, new hire effective July 16, 2026.

6. Mitchell King – Police Officer, new hire effective July 16, 2026.

7. Stephen O’Day - Police Sergeant, promoted effective August 17, 2026.

Public Works Department

8. Virginia Chavez – Engineering Technician, promoted effective July 1, 2026.

9. Juan Zendejas – Part Time Maintenance Worker, new hire effective July 1, 2026.

10.Lauren Miclette – Admin Clerk I, new hire effective August 3, 2026.

11.Mario Iniguez – Fleet Maintenance Coordinator, promoted effective August 3, 2026. 11 ITEM 5
520 J St. LOS BANOS, CA 93635
TELEPHONE (209) 827-7044 FAX (209) 827-6223
Fire Department

12.Raymond Lopez – Fire Engineer, promoted effective June 16, 2026.

13.Trinidad Diaz – Firefighter, new hire effective July 1, 2026.

14.Brayden Woodrow – Firefighter, new hire effective July 1, 2026.

15.Gabriel Carreiro – Fire Engineer, new hire effective August 18, 2026.

Parks and Recreation Department

16. Miguel Sotelo – Part Time Maintenance Worker, new hire effective July 1, 2026.

Administration Department

17. Leah Klascius – Public Information Officer, new hire effective August 3, 2026.

18.Tiffany Gomonet – Part Time Admin Clerk, new hire effective August 17, 2026. 12 Check Number Payment Date Vendor Payment Amount
259372 07/31/2026 Agile Occupational Medicine PC 165.00 259373 07/31/2026 Michael Amabile 86.27
259374 07/31/2026 Anabasis LLC 60,441.09
259375 07/31/2026 Best Best & Krieger 26,171.60
259376 07/31/2026 Sara Blevins 403.75
259377 07/31/2026 Central Valley Cardiovascular Group Inc. 400.00 259378 07/31/2026 Employment Development Dept 8,881.00
259379 07/31/2026 Gouveia Engineering Inc. 5,186.54
259380 07/31/2026 Deborah Lewis 50.54
259381 07/31/2026 Elva Mendez 68.50
259382 07/31/2026 Gabriela Acosta Mendoza 2,208.00
259383 07/31/2026 Nossaman, LLP 13,094.00
259384 07/31/2026 Gerald "Obie" O'Brien 77.14
259385 07/31/2026 Domingo Sandoval 800.00
259386 07/31/2026 State Water Resources Control Board 70.00 259387 07/31/2026 US Bank Corp Pymt System 77,573.75
259389 07/31/2026 Kasey Alim 275.00
259390 07/31/2026 Animal Damage Management, Inc. 4,851.00 259393 07/31/2026 APLPD Holdco, Inc. 348.86
259394 07/31/2026 ARC Electrical Services 3,075.00
259395 07/31/2026 Archer Civil Contruction, LLC 98,114.57 259396 07/31/2026 Arkance USA LLC 6,673.33
259397 07/31/2026 AT&T 354.48
259398 07/31/2026 Kelly Abejuela 300.00
259399 07/31/2026 Dorothy June Baker 1,189.38
259400 07/31/2026 Boot Barn 110.59
259401 07/31/2026 Stericycle Inc 249.41
259402 07/31/2026 BSK Associates 5,260.83
259403 07/31/2026 John Butler 97.50
259404 07/31/2026 Ca Dept of Justice Cashiering Unit 1,754.50 259405 07/31/2026 Cal Traffic 1,981.52
259406 07/31/2026 CDTFA California Dept. of Tax & Fee 712.00 259407 07/31/2026 Central Valley Salinity Coalition Inc. 1,991.00 259408 07/31/2026 Central Sanitary Supply, LLC 1,828.47 259409 07/31/2026 CSJVRMA 1,257,429.00
259410 07/31/2026 Comcast 108.16
259411 07/31/2026 Copy Shipping Solutions 753.25
259412 07/31/2026 Lamar A. Cummings 677.55
259413 07/31/2026 CustomInk Parent, LLC 1,369.52
259414 07/31/2026 D & D Pest Control 167.00
259415 07/31/2026 Dos Palos Publishing Company 120.00
259416 07/31/2026 Dept of Transportation 12,070.84
259417 07/31/2026 Double D Towing, LLC 186.87
259418 07/31/2026 Electric Drives Inc 830.10
259419 07/31/2026 Flex Technology Group LLC 187.34
259420 07/31/2026 Foster Bros Security Systems Inc. 13,032.49 259421 07/31/2026 Adaia Franco 150.00
259422 07/31/2026 Galls Inc 445.20
259423 07/31/2026 Daniella Garcia 350.00
CK # 259372 - 259736 08/19/26 $2,656,833.54
ITEM 7A
13 259424 07/31/2026 Halcyon Creek Inc. 25,238.92
259425 07/31/2026 Hoffman Electronic Systems 258.90
259426 07/31/2026 Hostetler Ranches, LLC 7,510.50
259427 07/31/2026 InfoSend Inc. 13,770.53
259428 07/31/2026 JC Grading Paving Solutions, Inc. 16,657.50 259429 07/31/2026 Jonathan Rodriguez Lemus 7,910.00
259430 07/31/2026 Lexipol LLC 3,453.44
259431 07/31/2026 SCP Distributors LLC 700.84
259432 07/31/2026 Marco Leal 150.00
259433 07/31/2026 Mark Thomas & Company. Inc. 44,850.96 259434 07/31/2026 Tires to you Inc 200.00
259435 07/31/2026 Marfab Inc 36.75
259436 07/31/2026 Merced Chevrolet Inc. 130.23
259437 07/31/2026 Merced County LAFCo 12,581.34
259438 07/31/2026 Mid-Valley Disposal LLC 318,030.51
259439 07/31/2026 Municipal Maintenance Equipment, Inc. 440.38 259440 07/31/2026 OSE 18.38
259441 07/31/2026 O'Reilly Auto Parts 188.27
259442 07/31/2026 Mandy Orellana 338.00
259443 07/31/2026 PG&E Company 12,211.65
259444 07/31/2026 Pace Supply Corp. 1,380.17
259445 07/31/2026 PCN Strategies, Inc 2,207.97
259446 07/31/2026 Precision Civil Engineering, Inc 13,882.50 259447 07/31/2026 Price Paige and Company CPA's LLP 5,110.00 259448 07/31/2026 Margaret Pulido 600.00
259449 07/31/2026 Quality Logo Products, Inc. 3,912.56
259450 07/31/2026 RAT Incorporated 210.00
259451 07/31/2026 Ronny's Inc. 5,617.50
259452 07/31/2026 Samantha Ramirez 550.00
259453 07/31/2026 RBG Construction 477.02
259454 07/31/2026 Heather Rotering 350.00
259455 07/31/2026 SJVAPCD 2,106.80
259456 07/31/2026 Save Mart Supermarkets 264.50
259457 07/31/2026 School Outfitters LLC 4,143.75
259458 07/31/2026 Sherwin Williams Co 1,790.71
259459 07/31/2026 Robert & Susan Hansen 270.75
259460 07/31/2026 Sorensens True Value 51.30
259461 07/31/2026 Superior Pool Products, LLC 5,088.92
259462 07/31/2026 Technicon Engineering Services, Inc. 1,495.00 259463 07/31/2026 Tyler Technologies, Inc. 1,798.00
259464 07/31/2026 Valley Entry Systems, Inc. 275.00
259465 07/31/2026 Vanir Construction Management, Inc. 4,374.80 259466 07/31/2026 VCA Animal Hospitals, Inc. 574.15
259467 07/31/2026 Vestis Group, Inc. 236.54
259468 07/31/2026 Verizon Wireless 2,869.13
259469 07/31/2026 Westwood Professional Services, Inc. 47,388.53 259471 07/31/2026 Windecker Inc 1,646.14
259491 08/07/2026 Aflac-Customer Service 215.93
259492 08/07/2026 AFSCME District Council 57 2,303.50
259493 08/07/2026 Empower Annuity Ins. Co of America 1,552.62 259494 08/07/2026 Empower Annuity Ins. Co of America 2,742.00 259495 08/07/2026 Franchise Tax Board 12.81
259496 08/07/2026 Los Banos Police Assn 1,485.00
259497 08/07/2026 Los Banos Police Assn. 315.00
259498 08/07/2026 Merced County Sheriff 187.96
259499 08/07/2026 MissionSquare 2,400.94
259500 08/07/2026 MissionSquare 11,700.00
14 259501 08/07/2026 Nationwide Retirement Solutions 6,199.83 259502 08/07/2026 Professional Fire Fighter of Los Banos Local 4703 647.26 259503 08/07/2026 State Disbursement Unit 1,575.00
259504 08/07/2026 Anabasis LLC 25,160.00
259505 08/07/2026 Jesse Castillo 189.00
259506 08/07/2026 Justin Chuvichien 2,050.00
259507 08/07/2026 Tim J Law 800.00
259508 08/07/2026 Jennifer Loa 46.97
259509 08/07/2026 William Marchese 189.00
259510 08/07/2026 Debbie L. Marshall 475.00
259511 08/07/2026 Ramon McDonald 189.00
259512 08/07/2026 Ramon McDonald 189.00
259513 08/07/2026 Ramon McDonald 189.00
259514 08/07/2026 Ramon McDonald 189.00
259515 08/07/2026 Ramon McDonald 189.00
259516 08/07/2026 Nora Ramirez 189.00
259517 08/07/2026 Rey M Reyna 189.00
259518 08/07/2026 Miriam Rivas 189.00
259519 08/07/2026 Ronny's Inc. 62,506.04
259520 08/07/2026 Domingo Sandoval 400.00
259521 08/07/2026 Juan Soriano 189.00
259522 08/07/2026 State Water Resources Control Board 130.00 259523 08/07/2026 Tyler Technologies, Inc. 9,400.27
259524 08/07/2026 Robert Wiens 315.00
259525 08/07/2026 AAA Business Supplies 302.08
259526 08/07/2026 Alves Management, Inc 728.00
259527 08/07/2026 AT&T Mobility 6,506.73
259528 08/07/2026 AT&T 31.76
259529 08/07/2026 David R. Ball 2,100.00
259530 08/07/2026 BJ's Consumers Choice Pest Control Inc. 125.00 259531 08/07/2026 Bound Tree Medical LLC 235.81
259532 08/07/2026 BSK Associates 587.70
259533 08/07/2026 Ca Dept of Justice Cashiering Unit 1,372.00 259534 08/07/2026 Callander Associates Landscape Architecture, Inc. 1,617.56 259535 08/07/2026 CENCAL Machine & Fabrication Inc. 209.94 259536 08/07/2026 Comcast 397.41
259537 08/07/2026 Lamar A. Cummings 913.75
259538 08/07/2026 Albert Camarillo 500.00
259539 08/07/2026 Display Sales Co 1,282.00
259540 08/07/2026 Dos Palos Publishing Company 2,308.00 259541 08/07/2026 Duncan Printing Co. Inc. 854.63
259542 08/07/2026 Employee Relations, Inc. 600.00
259543 08/07/2026 Energy Light, Inc. 1,437.94
259544 08/07/2026 Elizabeth Erratchu 100.00
259545 08/07/2026 Federal Express Corporation 33.91
259546 08/07/2026 Flex Technology Group LLC 3,399.90
259547 08/07/2026 Halcyon Creek Inc. 61,167.88
259548 08/07/2026 Home Depot 9,403.97
259553 08/07/2026 JT Utility Services Group 1,900.66
259554 08/07/2026 Krazan & Associates 5,690.00
259555 08/07/2026 Kully Supply, Inc. 225.52
259556 08/07/2026 Alejandro Lustre 600.00
259557 08/07/2026 Tires to you Inc 2,073.88
259558 08/07/2026 Marfab Inc 126.14
259559 08/07/2026 Matson Alarm Co Inc 215.00
259560 08/07/2026 McCrometer Inc. 1,044.00
259561 08/07/2026 Merced Truck & Trailer Inc 169.56
15 259562 08/07/2026 Miracle Playsystems, Inc. 612.16
259563 08/07/2026 Moody's Investors Service Inc. 3,000.00 259564 08/07/2026 NDN International LLC 2,234.54
259565 08/07/2026 North Central Laboratories 279.90
259566 08/07/2026 OCV, LLC 8,990.00
259567 08/07/2026 OSE 478.30
259568 08/07/2026 O'Reilly Auto Parts 713.02
259569 08/07/2026 PG&E Company 42.02
259570 08/07/2026 Pitney Bowes Inc 175.10
259571 08/07/2026 Placer Labs, Inc. 21,706.00
259572 08/07/2026 Propio LS LLC 15.68
259573 08/07/2026 Purchase Power Inc 3,520.68
259574 08/07/2026 Protech Security & Electronics, Inc. 450.00 259575 08/07/2026 Quality Logo Products, Inc. 1,580.95
259576 08/07/2026 Ronny's Inc. 7,171.11
259578 08/07/2026 SJVAPCD 50.00
259579 08/07/2026 Michael Bartholomew 377.76
259580 08/07/2026 Sherwin Williams Co 191.67
259581 08/07/2026 Sorensens True Value 3,171.90
259585 08/07/2026 Superior Pool Products, LLC 6,448.92
259586 08/07/2026 T-Mobile USA Inc. 1,087.94
259587 08/07/2026 Tango Tango, Inc. 7,485.00
259588 08/07/2026 Technicon Engineering Services, Inc. 2,887.00 259589 08/07/2026 Terryberry Company LLC 654.23
259590 08/07/2026 Terminix Processing Center 135.00
259591 08/07/2026 The Don Chapin Co., Inc. 1,560.93
259592 08/07/2026 Thirkettle Corporation 54,472.23
259593 08/07/2026 Tyler Technologies, Inc. 250.00
259594 08/07/2026 The Ortiz Group 300.00
259595 08/07/2026 United Site Services, Inc. 133.25
259596 08/07/2026 Stephanie Pereira 26.48
259597 08/07/2026 USAM1 LLC 1,059.32
259598 08/07/2026 USA Blue Book 1,199.91
259599 08/07/2026 Valley Entry Systems, Inc. 312.00
259600 08/07/2026 Vanir Construction Management, Inc. 33,550.47 259601 08/07/2026 Valley Pro Contractor, Inc 1,710.00
259602 08/07/2026 Vestis Group, Inc. 135.22
259603 08/07/2026 Vestis 1,980.39
259604 08/07/2026 Evangelina Vargas 600.00
259605 08/07/2026 Westside Water Conditioning 38.50
259606 08/07/2026 Windecker Inc 37,825.71
259607 08/07/2026 Ruth Williams 600.00
259608 08/07/2026 ZW USA Inc. 1,931.11
259736 08/12/2026 JC Grading Paving Solutions, Inc. 16,657.50 Break in check sequence due to the following: Payment Type Check #259388 (Manual Void) Regular Checks 207 2,656,833.54 Check #259391 - #259392 (Manual Void) Manual Voids 12
Check #259470 (Manual Void) Voided Checks 0
Check #259472 - #259489 (Utility Billing) 2,656,833.54
Check #259490 (Payroll)
Check #259549 - #259552 (Manual Void)
Check #259577 (Manual Void)
Check #259582 - #259584 (Manual Void)
Check #259609 - #259735 (Utility Billing)
16 Agenda Staff Report
TO: Mayor Amabile and City Council Members
FROM: Minnie Moreno, Finance Director
DATE: August 19, 2026
TYPE OF REPORT: Consent Agenda
SUBJECT: 4th Quarter Investment Report for 2025/2026
_____________________________________________________________________ Recommendation:

To accept the quarterly investment report as submitted.

Background:

The City of Los Banos follows its investment policy to ensure that it invests all surplus inactive monies in a manner which yield a maximum return consistent with safety on such investments while maintaining the integrity of such surplus and inactive funds. A quarterly investment report provides proof that City funds are invested in such a manner. It includes all investments except funds held by the City’s trustees. Funds held by trustees include bond reserve funds, deferred compensation plans, and other post retirement benefit funds.

Fiscal Impact:

Informational only, no fiscal impact.

Reviewed by:
______________________________
Soknirorn Than, City Manager
Attachments:

1. 4Th Quarter Fiscal Year 2025-26 Investment Report

2. LAIF Statement June 30, 2026

3. Wells Fargo Securities Statement June 30, 2026
17 ITEM 7B
In accordance with Government Code Section 53646 and the City of Los Banos Investment Policy, the following shall constitute the quarterly report of investments on behalf of the City of Los Banos:

Investment Balances
As of June 30, 2026
Type of Investment Issuer Maturity
Amount
Invested
Annual
Percentage
Yield
LAIF (Local Agency
Investment Fund)
State of
California Daily $68,558,284 3.92% effective yield
Money Market Funds Wells Fargo
Securities Daily $74,934,883 3.53%
simple yield
Fixed Income Funds Wells Fargo
Securities Various $45,355,199 Various3.80% - 4.97%
Investment Balance: $188,848,366

1. As of the date of this report, the majority of the City of Los Banos funds are invested in the Wells Fargo Securities money market funds, Therefore, as provided by Governmental Code Section 53646 (e) attached are the most recent statement(s) received by the City of Los Banos.

2. As of the date of this report, the remainder of the City of Los Banos’ funds are invested in the State of California Local Agency Investment Fund (LAIF), in accordance with section 16429.1 of the Governmental Code attached are the most recent statement received by the City of Los Banos.

3. The portfolio of the City of Los Banos is in compliance with the City of Los Banos’ Investment Policy.

4. The investment balances are reconciled monthly to the General Ledger by the Finance Department.

5. It is expected that the City will be able to meet its projected expenditure requirements for the next six months.
18 In accordance with Government Code Section 53646 and the City of Los Banos Investment Policy, the following shall constitute the quarterly report of investments on behalf of the City of Los Banos:

3. The portfolio of the City of Los Banos is in compliance with the City of Los Banos’ Investment Policy.

4. The investment balances are reconciled monthly to the General Ledger by the Finance Department.

5. It is expected that the City will be able to meet its projected expenditure requirements for the next six months.
19 MALIA M. COHEN
California State Controller

LOCAL AGENCY INVESTMENT FUND

REMITTANCE ADVICE
Agency Name LOS BANOS
Account Number 98-24-490
As of 7/15/2026, your Local Agency Investment Fund account has been directly credited with the interest earned on your deposits for the quarter ending 6/30/2026.

Earnings Ratio 0.00010743238142967
Interest Rate 3.92%
Dollar Day Total $ 6,229,489,360.01
Quarter End Principal Balance $ 68,558,284.41
Quarterly Interest Earned $ 669,248.88
20 21
22 23
24 25
26 27

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28 CITY OF LOS BANOS

CITY COUNCIL MEETING MINUTES
Aug 5, 2026
ACTION MINUTES – These minutes are prepared to depict action taken for agenda items presented to the City Council. For a detailed account of this meeting, refer to the video recording available on YouTube, which serves as a permanent record.

CALL TO ORDER: Mayor Amabile called the City Council Meeting to order at the hour of 6:18 p.m.

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

ROLL CALL – MEMBERS OF THE CITY COUNCIL PRESENT: Council Members Mitzy Perez – District 1 (appeared remotely via ZOOM), Refugio LLamas – District 2, Marcus Chavez – District 3, Deborah Lewis – District 4, Mayor Michael Amabile STAFF MEMBERS PRESENT: City Manager Than, City Attorney Lerner, City Clerk Mallonee, Community & Economic Development Director Souza Elms, Police Chief Reyna, Public Works Director Via, Interim Fire Chief Dornbush, Finance Director Moreno, Parks & Recreation Director Heim, Human Resources Director Carlos PRESENTATIONS.

PROCLAMATION – RECOGNIZING AMERICAN HERO INITIATIVE. Mayor Amabile presented the certificate to Maria Castellanos who was present to accept.

PROCLAMATION – RECOGNIZING PARENT LEADERS OF LOS BANOS AND PARENT INSTITUTE FOR QUALITY EDUCATION (PIQE) . Mayor Amabile presented the certificate to Adolfo Lopez (PIQE), Hilaria Jauregui, Gabriela Salcido and Armanda Ruiz who were present to accept.

PROCLAMATION – RECOGNIZING NATIONAL HEALTH WEEK. Mayor Amabile presented the certificate to Yamilet Valladolid who was present to accept.

CALTRANS UPDATES FOR PROJECT IN MERCED COUNTY. Mayor Amabile and City Manager Than presented a PowerPoint presentation. Mayor Amabile reported that Caltrans recently provided a detailed update at an MCAG meeting in response to community questions regarding transportation projects, including improvements associated with the San Luis Reservoir Dam Raise Project. The presentation highlighted several planned projects, including a $6 million roundabout at Highway 165 and Vineyard/Dove Street; a $34.8 million Highway 152 pavement rehabilitation project through Los Banos with pavement, bicycle, pedestrian, and ADA improvements; a $28.1 million Highway 165 pavement and pedestrian improvement project; a $6.2 million safety improvement project at Highway 165 and Wilmot Road; an $18.2 million roundabout at 29 ITEM 7C
Highway 152 and Volta Road; and a $10 million roundabout at the Highway 140/165 intersection. City Manager Than provided additional information regarding the Highway 165 improvement project, noting that pedestrian and bicycle enhancements, including bike lanes and other active transportation features, were incorporated in response to community feedback and to improve safety for all users. Mayor Amabile also reported on planned improvements associated with the San Luis Reservoir Dam Raise Project, noting that Caltrans intends to maintain four lanes of traffic on Highway 152 during construction by utilizing the existing median, reducing the potential for significant traffic congestion.

Additional information was provided regarding a $94.8 million Interstate 5 rehabilitation project through Merced County, which will include pavement, drainage, safety, and traffic management improvements. Mayor Amabile concluded by emphasizing the City's ongoing efforts to work with Caltrans and MCAG to improve transportation infrastructure and highway safety throughout the region.

PUBLIC FORUM: THIS TIME IS RESERVED FOR MEMBERS OF THE PUBLIC WHO

WISH TO ADDRESS THE CITY COUNCIL ON ITEMS THAT ARE NOT ON THE

AGENDA AND THAT ARE WITHIN THE SUBJECT MATTER JURISDICTION OF THE CITY COUNCIL. SPEAKERS MUST DIRECT THEIR COMMENTS TO THE CITY COUNCIL AND LIMIT THEIR COMMENTS TO NO MORE THAN THREE (3) MINUTES.

IT IS REQUESTED THAT NO COMMENTS BE MADE DURING THIS PERIOD ON ITEMS ON THE AGENDA. THE PUBLIC WILL HAVE AN OPPORTUNITY TO

COMMENT ON ITEMS ON THE AGENDA ONCE THE ITEM HAS BEEN CALLED AND THE MAYOR OPENS THE ITEM TO THE PUBLIC. THE CITY COUNCIL IS

PROHIBITED BY LAW FROM TAKING ANY ACTION ON MATTERS DISCUSSED THAT ARE NOT ON THE AGENDA. NO ADVERSE CONCLUSIONS SHOULD BE

DRAWN IF THE CITY COUNCIL DOES NOT RESPOND TO PUBLIC COMMENT AT THIS TIME. SPEAKERS ARE NOT ALLOWED TO SURRENDER/ CEDE THEIR PUBLIC COMMENT TIME. Mayor Amabile opened the public forum. AMY BONILLAS, District 4, spoke regarding the high number of “super commuters” in Los Banos and the importance of creating local employment opportunities. She addressed the City's newly created Public Information Officer position and stated that she believed qualified local candidates were available. Ms. Bonillas questioned the decision to select a candidate from outside the area and raised concerns regarding the candidate's employment background, community ties, and ability to speak Spanish. She emphasized the importance of having someone in the position who understands and is connected to the Los Banos community. TOM KALJIAN spoke regarding Caltrans and the Highway 152 traffic signal project. He expressed frustration with the current signal timing, stating that motorists attempting to cross Highway 152 can wait more than two minutes even when there is little or no opposing traffic. He suggested Caltrans improve the signal timing or utilize traffic sensors to allow traffic to proceed when conditions permit. ERASMO VIVEROS commented on Consent Agenda Items H, I, and J, questioning the approximately $250,000 expenditure and why a local dealership was not selected. He expressed concern about the economic impact of awarding the purchase to a business outside the community and encouraged the City to consider local businesses when making such purchases. No one else came forward to speak and the public forum was closed.
30 CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Council Member LLamas requested that item K – City Council Resolution No. 7132 – Authorizing the City Manager to Execute Amendment No. 3 to the Landscape Maintenance Services Agreement Between the City of Los Banos and Ronny’s Inc. be removed from the Consent Agenda for discussion and Council Member Lewis also requested that the item be pulled for discussion and a for separate vote.

Mayor Amabile invited the public to come forward to speak. No one came forward.

Motion by Lewis, seconded by LLamas to approve the consent agenda items as follows:

Check Register for #258687 – #259361 in the Amount of $6,341,605.56; City Council Meeting Minutes for July 1, 2026; City Council Resolution No. 7124 – Authorizing Award of a Contract to Anthony J. Prieto Water Well drilling, Inc. in the Amount of $297,650 with a 15% Contingency in the Amount of $44,647 for Well No. 16 Test Well No. 2 Project; City Council Resolution No. 7125 – Accepting Public Improvements for the Southpointe at Regency Park Basin Pump Station; City Council Resolution No. 7126 – Approving and Adopting Final Tract Map No. 2015-02 Northpointe at Regency Park Phase 2 and Accompanying Subdivision Improvement Agreement; City Council Resolution No. 7127 – Entering into a Landscape Maintenance Agreement with the California Department of Transportation Along State Route 152 for Encroachment Permit #1025-6-CS1918(Camarena Health); City Council Resolution No. 7128 – Approving the First Amendment to a Professional Services Agreement with MuniTemps (Government Staffing Services, Inc) to Increase the Total Not-to-Exceed Amount from $30,000 to $160,000 (Special Project Manager/Assistant Public Works Director); City Council Resolution No. 7129 – Approving the Purchase of Three (3) 2027 Dodge Durango Pursuit Vehicles in the Amount of $164,318.63 from Winner Chevrolet/Elk Grove Auto Group through the State of California Contract No. 1-22-23-23D; City Council Resolution No. 7130 – Approving the Purchase of One (1) 2026 Chevrolet Silverado Maintenance Vehicle in the Amount of $48,973.24 from Winner Chevrolet/Elk Grove Auto Group through the State of California Contract No. 1-22-23-20D; City Council Resolution No. 7131 – Approving the Purchase of One (1) 2026 Chevrolet Colorado Code Enforcement Vehicle in the Amount of $40,929.20 from Winner Chevrolet/Elk Grove Auto Group through the State of California Contact No. 1-22-23-23D; City Council Resolution No. 7132 – Authorizing the City Manager to Execute Amendment No. 3 to the Landscape Maintenance Services Agreement Between the City of Los Banos and Ronny’s Inc. The motion carried by the following roll call vote: AYES: Chavez, Lewis, LLamas, Perez, Mayor Amabile; NOES: None; ABSENT: None.

City Council Resolution No. 7132 – Authorizing the City Manager to Execute Amendment No. 3 to the Landscape Maintenance Services Agreement Between the City of Los Banos and Ronny’s Inc. Council Member LLamas reported receiving concerns from residents regarding the condition and maintenance of City parks by Ronnys, Inc. He questioned whether the contractor has the capacity to fulfill all of its responsibilities and raised concerns regarding the number and use of Ronnys vehicles and whether the services are being performed efficiently. Council Member Lewis reported conducting a survey of her district, including the Ortigalita area, and shared photographs with the Council showing 31 examples of landscaping and maintenance concerns. She noted that while some areas maintained by Ronnys are in excellent condition, all City areas need to receive consistent maintenance. She referenced the approximately $1 million payment to Ronnys the previous month compared to approximately $27,000 this month and questioned how the Ortigalita area had reached its current condition and who is responsible for inspecting the contractor's work. She stated that the City pays a significant amount for landscaping services and residents deserve a higher level of service. Mr. Heim responded that tree maintenance is not included in the current Ronnys contract and that trees present unique maintenance challenges. He explained that tree work can be bid separately but has also been added to the contract when appropriate. He also addressed challenges associated with maintaining soccer fields, Ronnys vehicle concerns, and mulch replacement, noting that mulch replacement is not part of the regular contract. He clarified that there are 28 locations that are not included in the current contract. Council Member Lewis questioned why Ronnys is permitted to plant trees if tree maintenance is not included in the landscape maintenance contract. Council Member Perez asked about the process for rebidding the landscaping contract and what additional costs would be associated with adding the locations and services discussed. Mr. Heim and City Manager Than responded that the City could conduct a new competitive bidding process, but the City is required to follow California law and provide the appropriate due process. The current Ronnys contract expires in June 2028. Council Member Chavez stated that the City needs to do better and conduct its due diligence regarding landscaping services. He indicated that rebidding the contract was not necessarily required at this time and stated that purchases or contracts involving businesses outside the community should be adequately explained to the public.

Mayor Amabile invited the public to speak. BLANCHE JORGE spoke in support of a local landscaping company, noting that the company employs approximately 50 people, has remained in the community through various challenges including COVID-19, and has made improvements to its operations. She described the company as a responsible local business that contributes to the community and takes care in its work. No one else came forward to speak.

Mayor Amabile asked Mr. Heim about the anticipated hiring of the City's new inspector.

Mr. Heim stated that Human Resources is phasing recruitments and that the inspector position is an upcoming recruitment. Council Member LLamas clarified that the intent of the discussion was to begin a conversation and work through the concerns regarding park maintenance, with the goal of ensuring the City looks its best, maintaining a positive relationship with the contractor, and providing parks that the community can enjoy.

Council Member Lewis emphasized that first impressions are important, particularly for visitors and individuals driving through the City. She again questioned whether inspections of the contractor's work are being conducted by City staff or Ronnys staff.

Mayor Amabile stated that the City must move forward with the existing contract and noted that, based on his experience, Ronnys has been responsive to the City's requests.

He emphasized the importance of ensuring that City parks and public areas are maintained to the highest possible standard.
32 Motion by Chavez, seconded by Lewis to adopt City Council Resolution No. 7132 – Authorizing the City Manager to Execute Amendment No. 3 to the Landscape Maintenance Services Agreement Between the City of Los Banos and Ronny’s Inc. The motion carried by the following roll call vote: AYES: Chavez, Lewis, LLamas, Perez, Mayor Amabile; NOES: None; ABSENT: None.

CONSIDERATION OF ADOPTION OF CITY COUNCIL RESOLUTION NO. 7133 – APPROVING THE FISCAL YEAR 2026-2027 ANNUAL REPORT FOR THE LOS

BANOS DOWNTOWN PROPERTY AND BUSINESS IMPROVEMENT DISTRICT (PBID). Community & Economic Development Director Souza Elms presented the staff report, which included a PowerPoint presentation, explaining that the PBID is intended to enhance property values, support business retention and attraction, increase economic activity, and promote Downtown Los Banos. The district encompasses the downtown core, generally bounded by Fifth Street to the west, Seventh Street to the east, K Street to the south, and the alley north of I Street. The district includes 77 assessed parcels and 55 property owners, with no boundary changes proposed. The proposed improvements and activities for FY 2026-27 remain consistent with the Management District Plan and will continue to be administered by the Los Banos Downtown Association. Programs include Maintenance and General Security, Marketing and Placemaking, and Administration and Operations. Maintenance and security activities include sidewalk pressure washing and gum removal, litter and debris removal, graffiti removal, landscaping, trash receptacle maintenance, parking lot maintenance, expanded security camera systems, and coordination with the Los Banos Police Department for crime prevention. Marketing and placemaking activities include website and social media marketing, community branding, promotional campaigns, visitor outreach, wayfinding signage, streetscape enhancements, and community events such as 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, and Día de los Muertos celebration. Administration and operations include staffing, office expenses, legal, accounting and insurance costs, rent, utilities, postage, and other expenses necessary to operate the district. The initial annual assessment established in 2025 was $176,047.76. The budget is allocated with 42.5% for Maintenance and General Security, 42.5% for Marketing and Placemaking, and 15% for Administration and Operations. The Los Banos Downtown Association Board of Directors approved a 2.4% increase for FY 2026-27, totaling $4,225.15, resulting in a total budget of $180,272.91.

The increase is within the Management District Plan's maximum annual increase of 3% and is based on the Consumer Price Index. The assessment rate will increase from $0.31 per square foot to approximately $0.31744 per square foot. Making not that Executive Director Maribel Garcia and representatives of the Los Banos Downtown Association were present to answer questions and provide additional information regarding upcoming programs and activities.

Mayor invited the public to come forward. No one came forward to speak. City Clerk Mallonee read a letter form KATHY BALLARD questioning whether the current use of PBID funds is sufficiently benefiting downtown, noting that the City is the largest property owner and contributor within the district. She expressed concerns regarding downtown 33 maintenance, business vacancies, and the lack of unique businesses to attract visitors and tourists. She encouraged greater emphasis on attracting new businesses and preparing downtown properties for prospective tenants.

Council Member Lewis stated that she would like to hear from the organization about what they have done from last year to this year. Maribel Garcia representing Los Banos Downtown Association highlighted the Association's seasonal walk series, Veterans Banner Program, downtown streetscape lighting, security system expansion, music, and upcoming monument signs. She noted that more than 20 businesses participate in the seasonal walk events and that the programs have generated positive feedback and increased foot traffic. She also discussed plans to expand Oktoberfest and other community events, update the Association's website, increase tourism outreach, and collaborate with other downtown associations throughout the region. She emphasized the ongoing maintenance, security, marketing, and placemaking activities supported by the PBID and stated that the Association continues to work closely with businesses, property owners, and the community. In response to a question regarding the cost of the Fourth of July fireworks, Ms. Garcia stated that the cost was approximately $21,000, compared to the usual $18,000, and noted that the Association would be open to continuing the event on July 4th through coordination with the City. Council members thanked Ms.

Garcia for the information and expressed support for increased communication and collaboration with downtown businesses. Council Member Chavez noted that he had attended a recent Downtown Association meeting to better understand the activities and encouraged continued engagement with downtown business owners.

Mayor Amabile asked about the additional cost of holding the fireworks on July 4th and Ms. Garcia provided information regarding the event and future planning. Council Member Chavez noted that he had attended the Downtown Association's recent meeting to better understand its activities. Council Member LLamas stated that there is value in having an organization focused on promoting downtown businesses. He noted that he regularly attends downtown events, visits local businesses, and speaks with downtown merchants. He reported that some business owners have questioned the direct benefit of the Downtown Association and expressed concerns that increased costs could ultimately be passed on to consumers. Mayor Amabile characterized the proposed increase as a cost-of-doing-business adjustment. Council Member Lewis stated that the PBID is intended to benefit downtown property and business owners and encourage additional businesses to locate downtown. She discussed the importance of attracting visitors, encouraging people to socialize and spend money downtown, and suggested meeting individually with downtown merchants to obtain their input. She also discussed downtown beautification and the need for continued improvements, noting there is significant potential for growth. Council Member Chavez stated that property owners may need to make additional investments in their properties to attract businesses. Council Member LLamas asked about the City's contribution to the PBID. City Manager Than stated that the City's assessment was approximately $30,000 in the prior fiscal year. Council Member Perez asked whether the Downtown Association has data showing whether its programs have increased downtown foot traffic. Council Member Lewis asked whether the Association should be required to provide statistics or other performance data when 34 requesting future assessment increases. City Attorney Lerner clarified that the item before the Council was for approval of the proposed assessment increase. Council Member Perez asked whether there was data demonstrating the results of its programs, such as increased foot traffic and other measurable benefits. She suggested providing this information in future reports to demonstrate the effectiveness of the Association and for transparency.

Motion by Amabile, seconded by Chavez to adopt City Council Resolution No. 7133 – Approving the Fiscal Year 2026-2027 Annual Report for the Los Banos Downtown Property and Business Improvement District. The motion carried by the following roll call vote: AYES: Chavez, Lewis, LLamas, Perez, Mayor Amabile; NOES: None; ABSENT:

None.

CONSIDERATION OF ADOPTION OF CITY COUNCIL RESOLUTION NO. 7134 –

APPROVING AND ADOPTING THE SMALL BUSINESS INFOMERCIAL PROGRAM POLICY. Community & Economic Development Director Souza Elms presented the staff report, which included a PowerPoint presentation, explaining that this program is intended to build on the City's “Shop Smart, Support Local” campaign and expand a pilot program that featured local small businesses through promotional videos. The pilot program received positive feedback from participating businesses and residents. Under the proposed policy, eligible businesses must be located in Los Banos, hold a valid City business license, and be in compliance with applicable regulatory agencies. Two businesses would be selected each month for a 12-month period, with video production provided at no cost and the completed videos published on the City's social media platforms. Businesses would also be permitted to share the videos on their own platforms.

Applications would be accepted during a 60-day application period and reviewed by a selection committee consisting of one City Council Member, one Planning Commission Member, a representative of the Los Banos Downtown Association, a representative of the Los Banos Chamber of Commerce, and one Community and Economic Development Department staff member. The committee would score applications based on eight criteria, including community impact, economic contribution, community character and story, marketing value, community engagement, application completeness, small business priority, and local ownership. Selected applications would be presented to the City Council for review and approval.

Mayor Amabile invited the public to come forward and speak. DOMINGO SANDOVAL, owner of Sandoval Wood Creations/SWC Jumpers, spoke in support of the Small Business Infomercial Program. He stated that the City's promotional video has been used to promote his business in other communities and has helped showcase his business and its contributions to the community. VERONICA SANTANA AND ALEX SANTANA, owners of Mid-Valley Truck School, spoke in support of the program. They stated that their infomercial significantly increased their social media and website activity and helped increase awareness of their local business. They expressed appreciation for the City's support and encouraged continuation of the program. DANIEL HERRERA, owner of Rare Coffee, spoke in support of the program and stated that the infomercials are particularly beneficial for helping residents discover local businesses and connect a face with the 35 business. He noted that social media marketing has contributed to increased business activity and employment opportunities and encouraged the City Council to approve the program as a low-cost economic development tool. KHALID SANCHEZ, owner of Viti's Boutique, spoke via Zoom in support of the program. He stated that his business participated in an infomercial and received positive community response and support. He also noted that producing the video in Spanish helped reach Spanish-speaking members of the community.

Council Member Lewis recommended clarifying the eligibility requirements to specify that participating businesses must be located within the City of Los Banos and suggested adding language requiring businesses to maintain a valid business license and comply with applicable City ordinances. City Attorney Lerner confirmed the proposed language was acceptable. Council Member LLamas asked what led to limiting the program to 24 businesses. Ms. Souza Elms explained that the limit is based on budget capacity and staff's ability to create, edit, and produce the promotional content. Council Member LLamas also asked whether businesses could reapply in a future cycle and Ms. Souza Elms clarified that a business is eligible to participate only one time.

Motion by Lewis, seconded by Perez to adopt City Council Resolution No. 7134 – Approving and Adopting the Small Business Informercial Program Policy with the addition of “and ordinances” to the requirement that businesses comply with all applicable local regulations. The motion carried by the following roll call vote: AYES: Chavez, Lewis, LLamas, Perez, Mayor Amabile; NOES: None; ABSENT: None.

CONSIDERATION OF ADOPTION OF CITY COUNCIL RESOLUTION NO. 7135 – 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. City Manager Than presented the staff report, making note that an extensive selection process was conducted beginning in May and that Chief Dorenbush was selected from a highly competitive pool of candidates. He highlighted his more than 30 years of fire service experience, education, certifications, and performance while serving as Interim Fire Chief. Upon approval, Chief Dorenbush's permanent appointment will be effective August 16, 2026, with an annual base salary of $186,315, plus applicable certificate and education pay and employee benefits.

The Mayor and Council members congratulated Chief Dorenbush and expressed appreciation for the selection process and his leadership of the Fire Department.

Mayor Amabile invited the public to come forward to speak. No one came forward to speak.

Motion by Lewis, seconded by Perez to adopt City Council Resolution No. 7135 – 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. The 36 motion carried by the following roll call vote: AYES: Chavez, Lewis, LLamas, Perez, Mayor Amabile; NOES: None; ABSENT: None.

Fire Chief Dorenbush expressed his appreciation for the opportunity to continue serving the City of Los Banos and thanked the City Manager, City Council, and staff for their trust and confidence. He stated that he looks forward to working with the Fire Department and helping move the organization forward. City Manager Than announced that a badgepinning ceremony for Chief Dorenbush will be held on August 21, 2026, with additional details to be provided.

PUBLIC HEARING – TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF

ACCEPTING THE MILITARY EQUIPMENT USE REPORT PURSUANT TO THE REQUIREMENT OF AB-481. City Attorney Lerner presented the staff report, which included a PowerPoint presentation, explaining that the law requires agencies to provide an annual public report regarding the funding, acquisition, and use of equipment designated as “military equipment” and to provide an opportunity for public comment. The report will also be posted on the Los Banos Police Department website, along with prior annual reports. The Police Department has equipment falling within five of the 15 categories identified under AB 481, including unmanned aerial vehicles, command and control vehicles, specialized firearms and ammunition, chemical munitions, and kinetic energy weapons and munitions. The report identifies the equipment, quantities, capabilities, costs, purpose, authorized use, expected lifespan, and fiscal impact. During the July 2025 through July 2026 reporting period, the Department acquired suppressors and 25 cases of .223 ammunition totaling approximately $12,050. No new unmanned aerial vehicles, command and control vehicles, pepper ball launchers, or projectile launch platforms were acquired. The Police Department conducted more than 100 unmanned aerial vehicle missions, including stormwater evaluations, tactical operations, and locating wanted subjects. The mobile command post was deployed approximately four times for critical incidents. There were no reported applications of firearms, pepper ball launchers, or projectile launch platforms involving members of the public during the reporting period. The Police Department reported zero citizen complaints, zero uses of force, and zero policy violations involving military equipment during the reporting period.

Periodic audits were conducted to monitor use-of-force reports and public complaints involving the equipment.

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

This was an informational item only; no formal action was taken.

PUBLIC HEARING – TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF RENEWING SECTIONS 4-12.01 THROUGH 4-12.06 OF TITLE 4, CHAPTER 12 OF THE LOS BANOS MUNICIPAL CODE – MILITARY EQUIPMENT USE (FIRST READING & INTRODUCTION). City Attorney Lerner presented the staff report, explaining that AB 481 requires the City Council to annually review and renew the City's Military Equipment Use Ordinance and determine whether continued authorization of 37 each category of military equipment remains appropriate. She stated that the annual report demonstrated continued compliance with the City's adopted policy, including proper use, training, operational deployments, costs, and the absence of complaints or policy violations. Staff recommended renewal of Ordinance No. 1217, Sections 4-12.01 through 4-12.06 of Title IV, Chapter 12 of the Los Banos Municipal Code, with no modifications to the existing policy or ordinance. A community engagement meeting is scheduled for August 21, 2026, from 4:00 to 5:00 p.m. at the Police Department Training Room. Community feedback received at the meeting will be reported to the City Council when the ordinance returns for second reading at the September City Council meeting.

Ms. Lerner clarified that the ordinance is already codified in the Municipal Code and no changes are being made; the action is solely to renew the ordinance as required by AB 481.

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

Motion by Chavez, seconded by LLamas to waive the first reading and introduce Ordinance No. 1217 – 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). The motion carried by the following roll call vote:

AYES: Chavez, Lewis, LLamas, Perez, Amabile; NOES: None; ABSENT: None.

CITY DEPARTMENT REPORTS.

Community & Economic Development. Director Souza Elms provided an update on the Planning Commission meeting scheduled for August 12, 2026, at 6:00 p.m. Items include cottage food operations for Happy Bee at 635 Westminster Way and Uncle Nate's Cookies at 1181 Obsidian Court; a Conditional Use Permit for Burlington to be added to the existing pylon sign at Ortigalita and Pacheco Boulevard; a site plan review for shade sail structures at two City parks; a site plan review for a Sutter Health ancillary facilities building at 520 West I Street; and a design review for an AT&T Mobility monopole cellular tower at 1301 West Pacheco Boulevard, designed to resemble a redwood tree. The meeting will be held in the Council Chambers and available via Zoom.

Finance. Director Moreno reported that the City is closing out FY 2025-26 financials and beginning the annual audit and new fiscal year budget process. She announced that the Purchasing Manager position has been posted to strengthen contract compliance, procurement, and the City’s purchasing power. Ms. Moreno also provided an update on the PBID audit, noting that fieldwork and testing are complete and the auditors are in the review phase, with the audit expected to be completed within the next few weeks. She reported that CPI-related rate increases took effect July 1 and will appear on customers’ August utility bills. Moreno reminded residents experiencing difficulty paying water bills to contact the City for payment arrangements and noted that the number of water shutoffs continues to decrease.
38 Parks & Recreation. Director Heim reported that the latest recreation guide has been released and is available at the Community Center. He invited the community to the Movie Night in the Park featuring Scooby-Doo on August 22 at College Greens Park. He thanked First 5 for a $700 sponsorship and Rare Earth for hosting Parks and Recreation Day and donating more than $1,200 toward recreation programs. Mr. Heim also reported that the new pickleball courts have been very well received and are seeing heavy use, particularly by local teens.

Human Resources. Director Carlos reported that the HR Department participated in National Night Out to engage with the community, provide City information, and promote employment opportunities. She also reported that the department continues recruitment efforts to fill positions recently approved by the City Council, with the next round of new employee introductions expected at the following Council meeting.

Public Works. Director Via reported that construction has begun on the 2026 Street Rehabilitation – Phase I project, including ADA improvements at intersections on West I Street, Granada Circle, and Pennsylvania Avenue near Page Park. A pre-construction meeting is scheduled for Well 16. He also reported that bids will be opened for the Downtown Alley Repaving Project, including the alley behind City Hall, and a pre-bid meeting will be held for the De Anza Way project. Mr. Via announced that the traffic signal at Ortigalita Road and Pioneer Road is now operational, marking completion of the first phase of the Pioneer Complete Streets Project, with only minor punch-list items remaining.

Fire. Chief Dorenbush thanked the Police Department and Fire Department staff for their participation in National Night Out, which he described as a successful event. He noted that the squirt-gun fire extinguishers were particularly popular, with more than 1,000 distributed. Residents also had an opportunity to view the City’s new fire engine, which is expected to enter service by September. Chief Dornbusch also announced that two new employees will be joining the Fire Department this month and are expected to be introduced at the August 19th Council meeting.

Police. Chief Reyna reported that Officers Mitchell and Burgo recently joined the department and are currently in the first phase of field training. A lateral police officer is also in the background process, with new officers expected to be introduced at the next Council meeting. Chief Reyna reported a 23.4% reduction in traffic collisions from January through June 2026 compared with the same period in 2025, and a 40.5% reduction in June 2026 compared with June 2025. He credited the newly established Traffic Division and thanked the City Council and City Manager for their support. He also reported that National Night Out drew more than 3,000 attendees and thanked staff, volunteers, Police Explorers, and participating City departments, with special recognition to Sergeant Mendez for coordinating the event. The Citizen Academy also began with its first class and will continue for several weeks. Chief Reyna congratulated Fire Chief Dornbusch on his appointment and welcomed the opportunity to work with him. 39 CITY ATTORNEY REPORT. City Attorney Lerner thanked the Police Department for its support and organization of National Night Out, noting that she and Alex enjoyed the event and are already looking forward to planning for next year.

CITY MANAGER REPORT. City Manager Than reflected on the success of National Night Out and expressed pride in City employees’ engagement with the community. He noted that approximately 178–179 of the City’s 220 employees are Los Banos residents, emphasizing the City’s commitment to hiring locally while also bringing in qualified talent from outside the community. Mr. Than also announced that 18 new employees are scheduled to be introduced at the next City Council meeting.

CITY COUNCIL MEMBER REPORTS:

MARCUS CHAVEZ – DISTRICT 3: Congratulated Fire Chief Brandon Dornbusch and praised the turnout at National Night Out, noting that the event was very busy and well attended. He also complimented the road improvement work underway and encouraged residents to attend the upcoming backpack giveaway event at the fairgrounds.

DEBORAH LEWIS – DISTRICT 4: Congratulated Fire Chief Brandon Dornbusch and praised the success of National Night Out, sharing that she and staff had a great time interacting with the community. She thanked City staff and department heads for their efforts in organizing the event and providing information to residents. She also expressed appreciation for the completion and activation of the Pioneer Road and Ortigalita Road traffic signal and noted her involvement in creating an informational video about the project. She reported that there was no Air District meeting in July due to the annual summer hiatus and thanked City staff for their continued hard work.

MITZY PEREZ – DISTRICT 1: Congratulated Fire Chief Dornbusch and thanked him for allowing her to visit the fire station and gain insight into the daily operations and challenges faced by the Fire Department.

REFUGIO LLAMAS – DISTRICT 2: Thanked Police Chief Reyna, department personnel, Sergeant Ivan Mendez, participating agencies, vendors, and the community for their efforts and strong turnout at National Night Out. He noted that residents have been requesting additional shade at City parks and expressed interest in beginning discussions regarding the Aquatic Center, including potential site selection. He congratulated Fire Chief Dornbusch and expressed confidence in his leadership as the City looks toward future fire station and operations center needs.

MICHAEL S. AMABILE – MAYOR: Praised the strong turnout at National Night Out, estimating approximately 3,000 attendees, and noted the community’s enthusiastic participation. He addressed ongoing concerns with Caltrans traffic signal timing, including the Highway signals at 11th Street and H Street, noting that the City has invested in coordinating the signals and that City Manager Than has been working with Caltrans to address the issue. Mayor Amabile also requested additional information regarding the City’s vehicle purchasing and bidding process. City Manager Than suggested addressing 40 the matter as part of the upcoming comprehensive review of the City’s purchasing policy.

Mayor encouraged residents to stay safe during the ongoing heat.

CLOSED SESSION – ANTICIPATED LITIGATION, INITIATION OF LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF SECTION 54956.9 OF THE GOVERNMENT CODE (DECIDING WHETHER TO INITIATE LITIGATION): FOUR CASES. Mayor Amabile invited the public to come speak, no one came forward to speak.

Motion by Amabile, seconded by Lewis to authorize the initiation of litigation and receivership proceedings against the following owners and properties, all located in the City of Los Banos: Rachel Thompson, 2257 Canal Farm Lane; Magincalda Leroy Farham/Donald Thomas, 940 East Pacheco Boulevard; and the Estate of/Heirs of Bernard Gardner, 1036 Iowa Avenue and 640 West K Street. The motion carried by the following roll call vote: AYES: Amabile, Lewis, LLamas, Perez; NOES: No; ABSENT:

Chavez.

CLOSED SESSION – CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED

LITIGATION, SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO PARAGRAPH (2) OR (3) OF SUBDIVISION (D) OF SECTION 54956.9 OF THE GOVERNMENT CODE: ONE CASE. Mayor Amabile invited the public to come speak, no one came forward to speak.

Mayor Amabile stated that direction was given to staff, no reportable action.

ADJOURNMENT. The meeting was adjourned at 9:50 p.m.

APPROVED:
____________________________
Michael S. Amabile, Mayor
ATTEST:
_______________________________
Lucille L. Mallonee, City Clerk
41 THIS PAGE IS INTENTIONALLY LEFT BLANK
42 Agenda Staff Report
TO: Mayor Amabile and City Council Members
FROM: William Via, Public Works Director
DATE: August 19, 2026
TYPE OF REPORT: Consent Agenda
SUBJECT: Authorization to Apply for, Accept, and Execute a Caltrans Division of Aeronautics Airport Improvement Program (AIP) Matching Grant for Los Banos Municipal Airport Project No. 3-06-0140-011-2025
______________________________________________________________________ Recommendation:

Staff recommends that the City Council adopt a Resolution authorizing the City Manager to apply for, accept, and execute a Caltrans Division of Aeronautics Airport Improvement Program (AIP) Matching Grant for Los Banos Municipal Airport Project No. 3-06-0140- 011-2025.

Background:

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

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

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

Discussion:

The AIP Matching Grant reimburses a portion of the City’s previously committed local share. To receive these funds, the City must submit a formal application and supporting 43 ITEM 7D
documentation to Caltrans, along with an adopted City Council Resolution authorizing the City to:

1. Apply for the AIP Matching Grant;

2. Accept the allocation once awarded; and

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

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

Following approval, staff will complete the required Caltrans forms (DOA-0012 and DOA0007) and submit them with the Resolution to receive the State matching reimbursement.

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

Adoption of this Resolution will allow the City to receive AIP Matching Grant funds of $3,515 budgeted in State Grant Revenue account 505-000-334-010. All grant funding and expenditure costs for the design phase of the Runway Rehabilitation Project have been included in the 2026-2027 Fiscal Year budget.

Reviewed by:
________________________ ____________________________
Soknirorn Than, City Manager Minerva Moreno, Finance Director Attachments:

1. Resolution: Caltrans Division of Aeronautics AIP Matching Grant

2. Form DOA-0012 (Application)

3. Form DOA-0007 (Request for Matching Grant)
44 RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF LOS BANOS AUTHORIZING

THE SUBMITTAL OF AN APPLICATION,

ACCEPTANCE OF AN ALLOCATION OF

FUNDS, AND EXECUTION OF A GRANT

AGREEMENT WITH THE CALIFORNIA

DEPARTMENT OF TRANSPORTATION FOR

AN AIRPORT IMPROVEMENT PROGRAM
(AIP) MATCHING GRANT
WHEREAS, the City of Los Banos and the Federal Aviation Administration (FAA) are parties to AIP Grant No. 3-06-0140-011-2025 for the Runway Rehabilitation Design Project at the Los Banos Municipal Airport; and
WHEREAS, the California Department of Transportation (Caltrans) Division of Aeronautics, pursuant to Public Utilities Code Section 21683.1, provides grants of up to five percent (5%) of Federal Aviation Administration Airport Improvement Program grants to assist airport sponsors with matching funds; and WHEREAS, the California Department of Transportation requires the City Council to adopt a Resolution authorizing the submission of an application, acceptance of an allocation of funds, and authorizing the City Manager to execute a grant agreement for participation in the AIP Matching Grant Program; and WHEREAS, AIP Matching Grant funds of $3,515 have been included in the 2026-2027 Fiscal year budget in State Grant Revenue account 505-000-334-010.

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

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

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

3. Authorize the City Manager to execute an AIP Matching Grant Agreement for said project.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 19th day of 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:
45 APPROVED:
_____________________________
Michael S. Amabile, Mayor
ATTEST:
___________________________
Lucille L. Mallonee, City Clerk
46 47
48 49
50 Agenda Staff Report
TO: Mayor Amabile and City Council Members
FROM: William Via, Jr., Public Works Director
DATE: August 19, 2026
TYPE OF REPORT: Consent Agenda
SUBJECT: Acceptance of Right-of-Way Conveyance from the State of California, Department of Transportation (Caltrans) for Parcel 17894-3 (APN #428-122- 004), Parcel 17916-1 (APN #430-010-011), Parcel 18427-1 (APN #083-140- 021) and Future Parcels as Part of the SR 152 Pavement Anchor Project ________________________________________________________________________ Recommendation:

Staff recommends that the City Council of the City of Los Banos adopts a resolution accepting conveyance of Right-of-Way for three parcels from the State of California, Department of Transportation (Caltrans) to the City of Los Banos, authorizes the City Manager to execute all required documents to complete the transfer, and authorizes the City Manager to accept any further conveyance from Caltrans associated with the State Route 152 Pavement Anchor Project.

Background:

Caltrans is currently delivering ADA Ramp and Sidewalk Improvements on State Route 152 within the City of Los Banos as part of the larger SR 152 Pavement Anchor Project (repaving of Pacheco Blvd, Project No. 10-1E980). As part of the project, Caltrans must acquire additional right-of-way and property interests from affected property owners to construct ADA-compliant curb ramps, sidewalks, and related pedestrian improvements. The subject acquisitions include Parcel 17894-3 (APN #428-122-004), Parcel 17916-1 (APN #430-010- 011), and Parcel 18427-1 (APN #083-140-021), which are being acquired by Caltrans on behalf of the City of Los Banos for incorporation into the public right-of-way. The acquisitions will facilitate completion of planned accessibility and pedestrian safety improvements while ensuring the City obtains the property interests necessary for long-term ownership and maintenance of the improvements.
51 ITEM 7E
Discussion:

Acceptance of the parcels will:
• Transfer ownership and associated rights from Caltrans to the City of Los Banos. • Allow the City to manage and maintain the property consistent with local planning and public infrastructure needs per the existing maintenance agreement between the City and Calrans.
• Eliminate uncertainty regarding ownership and maintenance responsibilities for the subject right-of-way areas.
• Preserve the parcels for future municipal, transportation, utility, or public purposes as determined by the City.

The legal descriptions have been prepared in accordance with the Professional Land Surveyors' Act and are supported by record maps and survey information.

Environmental Review:

The acceptance of property rights and transfer of ownership is exempt from the California Environmental Quality Act (CEQA) under the applicable common sense and/or administrative activity exemptions. Environmental review, if necessary, will be completed in accordance with CEQA requirements.

Fiscal Impact:

The conveyance is not anticipated to have a significant immediate fiscal impact. Upon acceptance, the City will assume responsibility for future maintenance and management of the right-of-way areas. This would take place upon the completion of Caltrans’s pavement anchor project. Any future improvements or maintenance activities would be addressed through the City's normal budgeting process.

Reviewed by:

_______________________ ___________________________
Soknirorn Than, City Manager Minerva Moreno, Finance Director Attachments:

1. Resolution

2. Caltrans Right-of-Way Legal Descriptions and Maps
52 RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS AUTHORIZING THE

ACCEPTANCE OF RIGHT-OF-WAY ACQUISITIONS
ASSOCIATED WITH THE STATE ROUTE 152

PAVEMENT ANCHOR PROJECT
WHEREAS, the California Department of Transportation ("Caltrans") is undertaking the State Route 152 Pavement Anchor Project within the City of Los Banos; and WHEREAS, the project includes the construction of Americans with Disabilities Act (ADA) compliant curb ramps, sidewalks, and related pedestrian accessibility improvements along State Route 152; and
WHEREAS, in order to construct the improvements, Caltrans has acquired or is acquiring certain right-of-way and property interests from affected property owners on behalf of the City of Los Banos, including Parcel 17894-3, Parcel 17916-1, and Parcel 18427-1 as identified in the project right-of-way documents and legal descriptions; and WHEREAS, the acquired property interests are necessary for the construction, operation, maintenance, and public use of the proposed pedestrian improvements associated with the State Route 152 Pavement Anchor Project; and WHEREAS, it is in the best interest of the City of Los Banos to accept the conveyance of the acquired right-of-way interests for public street and sidewalk purposes; and
WHEREAS, the Public Works Director is agreeable to the Right-of-Way Acquisitions as it has been submitted to the City Council of the City of Los Banos for approval.

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

1. Accept all right-of-way and property interests acquired by Caltrans for the State Route 152 Pavement Anchor Project, including Parcel 17894-3, Parcel 17916-1, and Parcel 18427-1, as more particularly described in the accompanying legal descriptions and exhibits; and

2. Authorizes the City Manager to execute all required documents for the acceptance of this dedication; and

3. Authorizes the City Manager to accept any further dedications and execute any required documents associated with Caltrans’ State Route 152 Pavement Anchor Project (Project No. 10-1E980).

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 19th day of 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:
53 AYES:

NOES:

ABSENT: APPROVED:

__________________________
Michael S. Amabile, Mayor
ATTEST:
___________________________
Lucille L. Mallonee, City Clerk
54 55
56 57

Page 1 of 1 ends

EXHIBIT A
Parcel 17916-1
All that real property being a portion of Parcel 2, shown on that Parcel Map recorded February 8, 1994, in Book 76 of Parcel Maps, at Pages 19 through 21, Merced County Records, situate in Section 21, Township 10 South, Range 10 East, Mount Diablo Meridian, more particularly described as follows:

BEGINNING at the northeasterly corner of said Parcel 2 on said Parcel Map; THENCE along the north line of said Parcel, North 89°22'48" West 10.75 feet; THENCE, leaving said north line, South 0°37'12" West 20.14 feet; THENCE North 79°39'34" East 19.11 feet;
THENCE South 23°22'48" East 10.89 feet;
THENCE North 89°39'04" East 7.36 feet, to the west local right of way of Badger Flat Road as shown on said Parcel Map;
THENCE, along said west right of way, North 0°36'40" East 6.53 feet; THENCE North 44°23'20" West 28.00 feet, to the POINT OF BEGINNING.

TOGETHER WITH underlying fee interest, if any, contiguous to the above-described property in and to the adjoining public way.

The bearings and distances used in this description are based on the California Coordinate System of 1983, Epoch 2017.50, Zone 3. Divide distances by 1.00000133 to convert to ground distances.

This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors’ Act.

Signature
Professional Land Surveyor
Date

LADD A NEU
PLS 8868
1/5/2026 EXP: 12/31/27
58 59

Page 1 of 1 ends

EXHIBIT A
Parcel 18427-1
Being a portion of that land situate in the Northeast quarter of Section 24, and the Southeast quarter of Section 13, Township 10 South, Range 10 East, Mount Diablo Meridian, in the City of Los Banos, County of Merced, State of California, as described in that Corporation Grant Deed recorded September 22, 1989, in Volume 2771 at Page 846, Merced County Records, southerly of that parcel described as Parcel 15062 in that Grant Deed recorded March 7, 2002, in Volume 4391 at Page 989, said County Records and northeasterly of the following described line:

COMMENCING at the Southwest corner of said Parcel 15062, and the beginning of a non-tangent curve, to which a radial line from center bears North 11°32'10" East; THENCE along the southerly line of said Parcel, along said non-tangent curve, concave to the southwest and having a radius of 2,941.36 feet, through a central angle of 1°18"05", an arc distance of 66.81 feet; THENCE along a reverse curve, concave to the northeast and having a radius of 3059.36 feet, through a central angle of 0°30'00", an arc distance of 26.69 feet to the POINT OF BEGINNING;
THENCE, leaving said southerly line of said Parcel, South 12°20’16” West 3.22 feet; THENCE South 73°19’06” East 5.15 feet to the beginning of a tangent curve; THENCE, southeasterly along said curve, concave to the southwest and having a radius of 44.00 feet, through a central angle of 67°58’13”, an arc distance of 52.20 feet; THENCE South 5°20'53" East 8.50 feet;
THENCE North 84°39’07” East 13.78 feet;
THENCE South 6°09’18” East 108.77 feet, to the east line of that land as described in said Official Records Volume 2771 Book 846 and the POINT OF TERMINUS.

The bearings and distances used in this description are based on the California Coordinate System of 1983, Epoch 2017.50, Zone 3. Divide distances by 1.00000197 to convert to ground distances.

This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors’ Act.

Signature
Professional Land Surveyor
Date

LADD A NEU
PLS 8868
EXP: 12/31/27 1/9/2026
60 Agenda Staff Report
TO: Mayor and City Council Members
FROM: William Via, Public Works Director
DATE: August 19, 2026
TYPE OF REPORT: Consent Agenda
SUBJECT: Notice of Completion for the Pavement of F Street Corporation Yard Parking Lot Project
______________________________________________________________________ Recommendation:

Staff recommends that the City Council adopt a Resolution:

1. Accepting the Pavement of F Street Corporation Yard Parking Lot Project as complete;

2. Authorizing the filing of the Notice of Completion with the Merced County Recorder’s Office; and

3. Releasing applicable retention in accordance with the contract documents and California Public Contract Code, following the statutory 35-day period.

Background:

On November 5, 2025, the City Council awarded a construction contract for the F Street Corporation Yard Parking Lot Project to Cal Coating Asphalt Inc. in the amount of $167,448.00, with a fifteen percent (15%) contingency, for a total not to exceed amount of $192,571.20. The project was funded through the Corp Yard Fund (306-430-100-726).

The scope of the project included pavement rehabilitation, construction of a new valley gutter, and other associated improvements. The City’s F St. Corporation Yard, located at 1015 F Street, is the host location for the Streets, Parks, Airport, Solid Waste, Facilities and Fleet divisions. The parking lot pavement had deteriorated significantly, with visible failures and drainage issues. This project was identified in the Capital Improvement Program as a priority to restore functionality and extend the useful life of the facility. 61 ITEM 7F
Major components of the project included the completion of parking lot paving and drainage improvements. On-site runoff water will now be entering a new storm drain line that will connect to an existing storm drain manhole on the south side of G St. The project improved the overall condition and functionality of the parking lot by providing a rehabilitated pavement surface and upgraded drainage infrastructure to enhance stormwater conveyance and reduce standing water.

Design and bid documents were prepared by Precision Engineering and the project was publicly bid on September 23, 2025. Seven bids were received, with Cal Coating Asphalt Inc., submitting the lowest responsive and responsible bid.

Discussion:

Construction of the Pavement of F Street Corporation Yard Parking Lot has been completed and is ready for formal acceptance. Construction began in Fall 2025 and progressed through Winter and Spring 2026. The project provides improvements that will increase the longevity of the F Street Public Works Yard.

During construction, unforeseen field conditions and operational constraints required the issuance of three (3) change orders, summarized below:

Change Order No. 1: Installation of two 24” concrete catch basins in the amount of $24,800. The original plans were revised to ensure proper drainage, which resulted in additional work to trench and install 152 linear feet of 12-inch ADS drainpipe.

Change Order No. 2: Reduced quantities of Asphalt Pavement (bid item #5) and Aggregate Base (bid item #6) as a credit back to the city in the amount of $13,837.75. The contractor’s final load tags were less than the original bid quantities for these two bid items.

Change Order No. 3: Removal of approximately 101 tons of native soil in the amount of $11,110.00. Adjustments to the proposed site elevations were necessary to achieve proper drainage and ensure the finished parking lot functioned as intended. The revised grading required the excavation and removal of native soil to accommodate the updated design elevations and maintain compliance with the project’s drainage requirements.

The cumulative total of all approved change orders is $22,072.25, bringing the final construction contract amount to $189,520.25. All changes were reviewed and approved by City staff.

Staff recommends that the City Council adopt the Resolution accepting the project as complete, authorizing the Public Works Director to file the Notice of Completion with the Merced County Recorder’s Office, and authorizing release of retention upon completion of the lien period.

Fiscal Impact:

The total construction cost of $189,520.25, inclusive of approved change orders, was funded through the Corp Yard Fund (306-430-100-726).

Reviewed by:
62 _________________________ ___________________________ Nirorn Than, City Manager Minerva Moreno, Finance Director Attachments:

1. Resolution

2. Notice of Completion
63 THIS PAGE IS INTENTIONALLY LEFT BLANK
64 RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF LOS BANOS ACCEPTING THE

PAVEMENT OF F STREET CORPORATION

YARD PARKING LOT PROJECT AS

COMPLETE, AUTHORIZING THE FILING OF

THE NOTICE OF COMPLETION, AND

AUTHORIZING RELEASE OF RETENTION
WHEREAS, on November 5, 2025, the City Council awarded a construction contract to Cal Coating Asphalt, Inc. in the amount of $167,448.00, with an authorized fifteen percent contingency, for the Pavement of the F Street Corporation Yard Parking Lot Project; and
WHEREAS, the purpose of the project was to remove and construct approximately 21,200 square feet of pavement, new valley gutter and other associated improvements, restoring functionality and extending the useful life of the facility; and WHEREAS, the project was successfully completed in accordance with the approved plans and specifications, with three approved change orders totaling $22,072.25 for a final contract amount of $189,520.25; and WHEREAS, all contract work, testing, and punch-list items have been completed to the satisfaction of City staff and the Engineer of Record, and all required closeout documentation has been received; and
WHEREAS, the City Council desires to accept the project as complete, authorize filing of the Notice of Completion with the Merced County Recorder’s Office, and authorize release of project retention following the statutory thirty-five (35) day lien period as prescribed by the California Public Contract Code.

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

1. Accepts the Pavement of the F Street Corporation Yard as complete;

2. Authorizes the Public Works Director to file the Notice of Completion with the Merced County Recorder’s Office; and

3. Authorizes release of retention funds upon expiration of the statutory lien period and verification of no outstanding claims.

NOES:

ABSENT:

APPROVED:
__________________________
Michael S. Amabile, Mayor
ATTEST:
___________________________
Lucille L. Mallonee, City Clerk
66 RECORDING REQUESTED BY:

WHEN RECORDED RETURN TO:

CITY OF LOS BANOS
520 ‘J’ Street
Los Banos, California 93635

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN:

1. That the interest of estate stated in paragraph 3 below in the real property hereinafter described is owned by the following:

NAME STREET AND NO. CITY STATE
CITY OF LOS BANOS 520 ‘J’ Street Los Banos California
(If more than one owner of the interest stated, the name and address of each must be inserted.)

2. That the full name and address of the owner of said interest or estate, if there is only one owner, and the full names and addresses of all the co-owners who own said interest or estate as joint tenants, as tenants in common or otherwise, if there is more than one owner, are set forth in the preceding paragraph.

3. That the nature of the title of said owner, or if more than one, then of said owner and co-owner is: In Fee.

4. That on September 02, 2026, a work of improvement on the real property hereinafter described was completed.

5. That the name of the original contractor, if any, for such work of improvement was Cal Coating Asphalt, Inc
(If no contractor for work of improvement as a whole, insert “No Contractor.”)

6. That the real property herein referred to is situated in the City of Los Banos County of Merced State of California, and is described as follows:
“Construction for the Pavement of F Street Corporation Yard Parking Lot” The major work consists of included the completion of parking lot paving and drainage improvements. On-site runoff water will now be entering a new storm drain line that will connect to an existing storm drain manhole on the south side of G St. The project improved the overall condition and functionality of the parking lot by providing a rehabilitated pavement surface and upgraded drainage infrastructure to enhance stormwater conveyance and reduce standing water.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date: CITY OF LOS BANOS
Owner
Place: Los Banos, California By:

ACKNOWLEDGMENT
67 68
Agenda Staff Report
TO: Mayor Amabile & City Council Members
FROM: William Via, Public Works Director
DATE: August 19, 2026
TYPE OF REPORT: Consent Agenda
SUBJECT: IXOM Watercare (SolarBee) renewal Master Services Agreement (MSA) ________________________________________________________________________ Recommendation:

That the City Council adopt a resolution approving the Master Services Agreement renewal with IXOM Watercare Service Program for continued use and maintenance of twenty SolarBee units at the Los Banos Wastewater Treatment Plant and authorizing the City Manager to execute the agreement.

Background:

The City of Los Banos installed SolarBee Aeration and circulation units at the Wastewater Treatment Plant in 2008 as part of a pilot program. The solar powered mixers circulate water to reduce thermal stratification, improve oxygen distribution and assist with algae management. The SolarBee units have been in continuous operation since their installation and require periodic maintenance to ensure reliable performance and extend the service life of the equipment. The proposed Master Services Agreement provides ongoing maintenance, inspections, repairs and technical support to help ensure the equipment continues to operate effectively and supports the City’s wastewater treatment processes.

Discussion:

The City’s existing IXOM Watercare Service Program is set to expire August 31, 2026. The proposed agreement will provide maintenance services from September 1, 2026 through September 1, 2029.

Approving a three-year agreement will establish a fixed annual service cost of $77,070.00, providing budget certainty and eliminating the need to negotiate service pricing each year.

Continuing the maintenance program will help ensure the SolarBee units remain operational and continue supporting the treatment plant’s water quality management objectives. 69 ITEM 7G
Procurement:

This contract renewal is in compliance with Section 3-10.230(a) of the City Municipal Code. This contract renews equipment that are already in service and part of an inventory maintenance and replacement for the City.

Fiscal Impact:

The total cost of the 3-year agreement is $231,210.00 and is proposed to be funded through the Wastewater Treatment Technical Services account: 502-433-100-238.

Reviewed by:

________________________________ ___________________________________ Soknirorn Than, City Manager Minerva Moreno, Finance Director Attachments:

1. Resolution

2. Master Services Agreement
70 RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS APPROVING A MASTER

SERVICES AGREEMENT WITH IXOM
WATERCARE, INC. FOR THE SOLARBEE

SERVICE PROGRAM AT THE LOS BANOS

WASTEWATER TREATMENT PLANT AND

AUTHORIZING THE CITY MANAGER TO

EXECUTE THE AGREEMENT
WHEREAS, the City of Los Banos installed SolarBee aeration and circulation units at the Wastewater Treatment Plant in 2008 as part of a pilot program; and WHEREAS, the SolarBee units assist in reducing thermal stratification, improving oxygen distribution, and managing algae within the treatment process; and WHEREAS, the SolarBee units have remained in continuous operation since installation and require routine maintenance, inspections, repairs, and technical support to ensure reliable performance and maximize equipment life; and WHEREAS, the City's current IXOM Watercare Service Program agreement is scheduled to expire on August 31, 2026; and
WHEREAS, IXOM Watercare, Inc. has submitted a Master Services Agreement renewal to provide maintenance and support services for twenty (20) SolarBee units for the period commencing September 1, 2026, and ending September 1, 2029; and WHEREAS, the proposed three-year agreement establishes a fixed annual service cost of Seventy-Seven Thousand Seventy Dollars ($77,070.00), providing budget certainty and eliminating the need for annual service contract negotiations; and WHEREAS, the total agreement amount of Two Hundred Thirty-One Thousand Two Hundred Ten Dollars ($231,210.00) will be funded through the Wastewater Treatment Technical Services Account No. 502-433-100-238; and WHEREAS, continuing participation in the IXOM Watercare Service Program will help ensure the SolarBee units remain operational and continue supporting the City's wastewater treatment and water quality management objectives.

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

1. Approves the Master Services Agreement with IXOM Watercare, Inc. for the SolarBee Service Program for the maintenance and support of twenty (20) SolarBee units at the Los Banos Wastewater Treatment Plant for the term of September 1, 2026, through September 1, 2029; and
71 2. Authorizes the City Manager, or designee, to execute the Master Services Agreement and any related documents necessary to carry out the intent of this Resolution.

AYES:

NOES:

ABSENT:

APPROVED:
__________________________
Michael S. Amabile, Mayor
ATTEST:
___________________________
Lucille L. Mallonee, City Clerk
72 Attention:

Bill To:

Service Options - Initial Selected Service (costs cover all units listed below), Prices are listed in USD:
$74,070.00
Term: 9/1/2026 - 9/1/2027
$129,622.50
Term: 9/1/2026 - 9/1/2027
$77,070.00
Term: 9/1/2026 - 9/1/2029
$1,500.00
Water Quality Testing - The Delivery & Field Services Team will conduct two vertical profiles at each location. Each test will measure DO, pH, temperature and specific conductance at every foot from the surface down to a depth of 25 ft. (Cost listed, per year)
HiveLinx Activation - Access through term of the contract. Billed on an annual cycle with contract billing. Cellular connection is a pre-requisite.
$2,000.00
Email required for HiveLinx activation:

Optional Add On Services - Initial All Additional Services Quotation Number
SP26570
209-587-6371
City of Los Banos
Public Works Department
Los Banos, CA 93635
2 Maintenance Stops Per Year - Standard Annual Cost is typical (Re-Quoted Annually)
1 Maintenance Stop Per Year (is typical) - Standard Annual Cost (Re-Quoted Annually)
Quotation Date
Jesse Castillo 4/6/2026
[email protected]
OPTION 1
OPTION 2
Customer Number
LOS01
9/1/2026
Acceptance Deadline
OPTION 3 (Multi-Year)
1 Maintenance Stop Per Year (3 total) - Billed Annually (Total Cost: $231,210.00)
Service Program
73 Unit(s) & Location(s) Covered Under Ixom Watercare Service Program:
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
228080892 SB10000 v12 USCAWW-LOC242.001: Location(435): Los Banos WWTP 228080891 SB10000 v12 USCAWW-LOC242.001: Location(435): Los Banos WWTP 228080890 SB10000 v12 USCAWW-LOC242.001: Location(435): Los Banos WWTP 228080895 SB10000 v12 USCAWW-LOC242.001: Location(435): Los Banos WWTP 228080894 SB10000 v12 USCAWW-LOC242.001: Location(435): Los Banos WWTP 228080893 SB10000 v12 USCAWW-LOC242.001: Location(435): Los Banos WWTP 228080909 SB5000 v12 USCAWW-LOC242.001: Location(435): Los Banos WWTP 228080900 SB5000 v12
228080903
USCAWW-LOC242.001: Location(435): Los Banos WWTP
228080906
228080907 SB5000 v12 USCAWW-LOC242.001: Location(435): Los Banos WWTP USCAWW-LOC242.001: Location(435): Los Banos WWTP
SB5000 v12
Acceptance Of Ixom Watercare Service Program
To accept this Service Program, please initial desired options and fill out below information, sign, then submit via:
scan and email to [email protected]
Authorized Signature Date
Purchase Order Number (if applicable)
Serial Number Model Location
228080896 SB10000 v12 USCAWW-LOC242.001: Location(435): Los Banos WWTP 228080904 SB5000 v12 USCAWW-LOC242.001: Location(435): Los Banos WWTP 228080898 SB5000 v12 USCAWW-LOC242.001: Location(435): Los Banos WWTP 228080897 SB10000 v12
228080901 SB5000 v12
SB5000 v12 USCAWW-LOC242.001: Location(435): Los Banos WWTP 228080905 SB5000 v12 USCAWW-LOC242.001: Location(435): Los Banos WWTP USCAWW-LOC242.001: Location(435): Los Banos WWTP
228080899 SB5000 v12
228080908 SB5000 v12 USCAWW-LOC242.001: Location(435): Los Banos WWTP USCAWW-LOC242.001: Location(435): Los Banos WWTP
228080902 SB5000 v12 USCAWW-LOC242.001: Location(435): Los Banos WWTP USCAWW-LOC242.001: Location(435): Los Banos WWTP
74 General Terms & Conditions of Sale
These terms and conditions (collectively, “Terms and Conditions”) govern all sales of products, equipment, and services (collectively, “Goods”) agreed to be supplied by IXOM Watercare Inc (“Seller”) to any person to whom any quotation is made or who is offering to contract with the Seller (“Buyer”). The Terms and Conditions are incorporated into any order, offer, arrangement or understanding between the Seller and the Buyer (including pursuant to a quotation or letter of offer accepted by the Buyer) as well as any quotation or invoice or any other document to which they are attached (individually and collectively “Order”). All purchases by Buyer are expressly limited and conditioned upon acceptance of the Terms and Conditions and without limiting any other mode of acceptance, Buyer’s acceptance of the Goods manifests Buyer’s assent to the Terms and Conditions and the credit terms offered by Seller.

Seller objects to and rejects any provision additional to or different from the Terms and Conditions that may appear in Buyer’s purchase order, acknowledgement, confirmation, writing or in any prior or later communication from Buyer to Seller, unless Seller expressly agrees to such provision in a written amendment signed by Seller. An Order together with these Terms and Conditions are herein referred to as “Contract”.

1. Prices; Taxes; Payment Terms; Default: (a) Prices for Goods and any adjustments to such prices shall be determined in accordance with Seller’s final pricing letter or offer forming part of the Contract which has been accepted by Buyer (“Price”). (b) Prices do not include any sales, use, excise, privilege, or other taxes or assessments imposed on the Goods sold hereunder and unless Buyer provides proof of exemption satisfactory to Seller, such may be added to the price of the Goods. (c) Subject to Section 1(e) and unless otherwise agreed in writing, payment terms are net 30 days from date of invoice. Payments not received when due shall incur service charges at the rate of 1.5% per month (18% per annum) until paid, compounded on a daily basis. (d) If any of the events set out in this Section 1(d)(i) through (v) below occur, Seller reserves the right, among other remedies, to delay or suspend further shipments or require full or partial cash payment in advance until all sums due have been paid. Buyer shall be liable for all costs and expenses incurred by Seller in collecting any overdue amounts, including without limitation reasonable attorneys’ fees. (i) Buyer defaults in any payments or is unable or states that it is unable to pay its debts as and when they fall due. (ii) Buyer commits an act of bankruptcy, files a voluntary petition in bankruptcy or has filed against it an involuntary petition in bankruptcy or has a trustee, receiver, liquidator, custodian, conservator, manager, controller or voluntary administrator appointed in respect of Buyer’s estate or any part of Buyer’s property or assets.
(iii) Buyer passes a resolution for its winding up or enters into liquidation or has an application for winding up filed against it. (iv) Buyer makes an assignment for the benefit of its creditors. (v) Buyer experiences any analogous event having substantially similar effect to any of the events listed above. (e) Notwithstanding Section 1(a), Seller may at any time in its sole and unfettered discretion and without being under any duty or obligation to assign reasons, review, alter or terminate Buyer’s credit limit or payment terms without notice. Without limiting the generality of the foregoing, the decision of Seller shall be final and Seller accepts no liability or responsibility for any loss, howsoever arising, incurred by Buyer due to the operation of this condition.

2. Service Delivery & Responsibility to Purchase: (a) Unless agreed otherwise in writing, all shipments are F.C.A. Seller’s or its sub-contractor’s warehouse. Shipping dates are estimates only and are subject to Seller’s lead time policy. Seller shall make all reasonable efforts to have Goods delivered to Buyer on or about the date or within the time frame of the Order but Seller shall not be liable for any failure or delay in delivery for any reason. Buyer is responsible for disposing of all non-returnable containers and shipping materials. (b) Purchase orders issued by Buyer and placed with Seller are irrevocable and Buyer is contractually obliged to take delivery and pay for all Goods ordered and supplied or made available by Seller pursuant to such purchase order. If Seller does not receive forwarding instructions sufficient to enable it to dispatch Goods within fourteen (14) days after notice to Buyer that such Goods are ready, Buyer shall be deemed to have taken delivery from such date and shall be obliged to pay reasonable storage charges payable on demand. Unless otherwise agreed upon by the parties in writing, if Buyer does not accept delivery or collect Goods from Seller when made available at the agreed delivery point in accordance with the Contract, Buyer also will pay Seller for SLC-7548174-2 storage costs and reimburse Seller for any demurrage, transport or futile delivery costs incurred by Seller.

3. Title; Risk of Loss or Damage: Title to and risk of loss of the Goods shall pass to Buyer upon delivery to the carrier at point of shipment.

4. Inspection; Acceptance: Buyer shall promptly examine the Goods for any damage or shortage or failure of the Goods to comply with the Seller’s standard sales specifications or the specifications contained in or referenced in the Contract. All claims for damage or shortage of Goods shall be deemed waived unless made in writing and received by Seller within 30 days of delivery of the Goods. If Buyer finds that any of the Goods do not comply with the specifications, Buyer may, at its option, reject that portion of the Goods that fail to comply by providing Seller with a notice made in writing and received by the Seller within 30 days of delivery of the Goods. Failure to timely deliver written notice of any such claim or rejection of the Goods within the warranty period specified in this clause 4 shall be deemed an absolute and unconditional waiver of such claim for damage or shortage or a right to reject such Goods and all claims related there to and shall constitute an unqualified acceptance of such Goods, irrespective of whether the facts giving rise to such claim shall have then been discovered or of whether use or application of the Goods shall have then taken place.

5. Returns: Returned Goods shall not be accepted unless Buyer obtains prior written approval and transportation instructions from Seller. All Goods returned to Seller must be in full containers or cases, unopened and in the same condition as when delivered. If a return is approved by Seller, Goods may be returned for exchange or credit only. Seller shall give no cash refunds for returned Goods. Approved returned Goods are subject to a restocking charge of 15% of the invoiced value of such Goods and Buyer shall pay all transportation charges. 75 10. Intellectual Property: Seller is the sole and exclusive owner of the Intellectual Property in the Goods and processes incorporated in such Goods, and the rights attached to that Intellectual Property. Nothing herein grants to Buyer any right, title or interest in or to any of the Intellectual Property in the Goods.

Buyer shall not claim to have acquired any right, title or interest to the Intellectual Property in the Goods by virtue of purchasing Goods sold hereunder.

Buyer shall not deconstruct, reverse compile or reverse engineer the Goods in any way for the purpose of deciphering or replicating the chemical composition of the Goods. As used herein, “Intellectual Property” means any intellectual or industrial property right anywhere in the world including, without limitation, any patent, patent application, utility model, copyright (including copyright in manuals, databases, and promotional materials), registered design and other design rights, unpatented secrets and innovations, confidential information, and any other rights that may subsist anywhere in the world in improvements, inventions and other manufacturing processes or technical and other information of Seller. Buyer shall not resell, distribute or supply the Goods to any third party for any reason without Seller's prior written consent.

6. Limited Warranty: (a) Subject to Section 6(e) and Section 7 below, Seller warrants title and that the Goods shall conform to Seller’s standard sales specifications in effect at the time of manufacture or the specifications agreed by the parties in writing and contained or referenced in the Order.

Equipment components not manufactured by Seller which are incorporated in the Goods may, if specified elsewhere in the Contract, be subject only to warranties of Seller’s vendors and Seller hereby assigns to Buyer all such rights in such vendor’s warranties and will provide reasonable assistance in enforcing such rights.
(b) Buyer is solely responsible for determining that the Goods and their specification and scope are appropriate for Buyer’s intended use. Any advice or recommendations by Seller with respect to the Goods or the use of the Goods are provided in good faith based on tests or experience believed to be reliable, but such advice or recommendations are not warranted. Buyer agrees that it is responsible for ensuring that Goods that comply with the warranties in Section 6(a) are fit and suitable for its purposes, requirements, processes, plant and equipment. (c) To the maximum extent permitted by law, Seller makes no other representation or warranty of any kind, and hereby expressly disclaims all other representations or warranties, express, implied, statutory or arising from a course of dealing, usage of the trade or otherwise, including without limitation any representation or warranty as to merchantability, fitness for a particular purpose, or any other matter with respect to the goods, whether used alone or in combination with any other goods, substances processes or materials or services. (d) In the event the exclusion of some or all of such warranties under section 6(c) for certain goods subject to this contract would be illegal, any additional warranty would be limited to the warranty required by applicable law and to the extent permitted by such law, would be subject to section 6(e) and section 7, and is conditioned upon use in accordance with label directions under normal conditions reasonably foreseeable to seller with buyer assuming the risk of any use contrary to label directions, under abnormal conditions or under conditions not reasonably foreseeable to seller. (e) Seller’s sole liability and Buyer’s sole remedy for breach of warranty are specifically limited to the repair of the goods (or re-performance of services when applicable) or the cost thereof where Seller fails to perform such repair necessitate by a breach of warranty, and such liability and remedy re exclusive of all other liabilities and remedies. Should these remedies be found inadequate or to have failed of their essential purpose for any reason whatsoever, Buyer agrees that the return of the amount paid by buyer to seller for the purchase of the goods which fail to conform with the warranties set forth in section 5.7 shall be considered a fair and adequate remedy and prevent the remedies from failing of their essential purpose.

7. Limitation of Liability: (a) The liability of Seller and its affiliates to Buyer under and in connection with the Contract is limited to the price allocable to the Goods giving rise to the claim and in no event shall the cumulative liability of Seller howsoever arising, whether under warranty, contract, tort, negligence, strict liability, indemnification, defense or any other cause or combination of causes whatsoever, exceed the total payments received from Buyer under the Contract in connection with the Goods. (b) To the extent permitted by law and not withstanding any provision to the contrary in the contract, Seller shall not be liable for special, indirect, incidental, or consequential damages, including without limitation, and loss of profits. Loss of business revenues, loss of capital, failure to realize expected profits or savings, overhead costs, loss by reason of service interruption or increased expense of operation, loss of goodwill, loss of reputation, loss of value in any intellectual property, damages or liquidated sums payable pursuant to other agreements or to other third parties, other economic losses, whether arising under warranty, contract; negligence (including negligent misrepresentation) or other tort, strict liability, breach of statute, indemnification, or any other cause or combination of causes, including any theories of concurrent liability arising from a duty of care by operation of law or otherwise.

8. Safe Storage Handling & Use; Assumption of Risk; Indemnification: Buyer acknowledges that it is familiar with the risks associated with the storage, handling and use of Goods and any waste resulting therefrom. Accordingly and notwithstanding anything to the contrary set forth in the Contract, Buyer covenants and warrants and shall ensure that (i) that it and its employees, agents, carriers and customers are familiar with and adhere to all necessary and appropriate precautions and safety measures to safely store, handle or use the Goods; (ii) it and its employees, agents, carriers and customers shall comply with all applicable Laws, including without limitation, environmental laws and regulations pertaining to the storage, handling and use of Goods; (iii) shall obtain and comply with all required permits and licenses. Seller takes no responsibility for, and Buyer assumes all risks associated with waste characterization, regulatory status and chemical composition of any product, process, material, waste or substance into which the Goods are incorporated or applied. Without limiting the foregoing, Buyer shall further ensure that all storage tanks, vessels, and pipes, hoses and valves and other components used by Buyer or its employees, agents, carriers and customers to store, handle and transfer Goods which are bulk chemicals are properly installed and maintained to prevent injury, death or loss of containment during storage, handling and transfer of such Goods. If Buyer resells or distributes Goods to third parties, Buyer assumes responsibility for ensuring that it provides detailed instructions to such third parties regarding safe storage, handling and use of those Goods and any Storage Items or packaging in which such Goods are stored. To the maximum extent allowed by law, Buyer assumes all risks and liability whatsoever for all injuries, losses and damages to persons or property or otherwise and shall indemnify, defend and hold harmless Seller and Seller’s employees and agents against all claims, damages, losses, costs, liabilities, and other expenses (including investigation and attorneys’ fees) that Seller incurs or may be obligated to pay as a result of (i) Buyer’s, its employees’, agents’, carriers’ or customers’ handling, possession, further processing, storage, use treatment, transportation, disposal, sale or other use or disposition of the Goods, whether used alone or in combination with other products, materials, substances or wastes, (ii) Buyer’s, its employees’, agents’, carriers’ or customers’ violation or alleged violation of any Law, or (iii) Buyer’s breach of any of its obligations set forth herein.

9. Force Majeure: Shipments or deliveries may be totally or partially suspended or delayed by Seller during any period in which the Seller may be prevented or hindered from manufacture, delivery, or supply through any circumstances outside Seller’s reasonable control or where such manufacture, delivery or supply is rendered materially more expensive by such circumstances. Circumstances beyond Seller’s reasonable control shall include, without limitation, strikes, lockouts or other labor difficulty; acts of carriers; acts of God; acts of civil or military authorities; acts or omissions of Buyer; war; riot; fire; explosion; acts of terrorism; flood; any inability to obtain or lack of any necessary or adequate materials, inputs, fuel, power, labor, equipment, containers, facilities or services on usual terms; power or water shortage; accidents or breakdowns or failures of plant or machinery or apparatus; delays, congestions or blockages at sea ports or transport depots or software, hardware or communication network; changes in applicable Laws; or any other event, whether or not enumerated herein, beyond the reasonable control of Seller that makes impractical the manufacture, transportation or shipment of the Goods or of a material or other resource upon which the manufacture, transportation or shipment of the Goods depends. Seller shall not incur any liability to Buyer in respect of such suspension.
76 15. Abuse and Neglect: Any warranties given by Ixom Watercare Inc do not apply if the warranted product has been damaged by common negligence, accident or misuse, including if the product has become untethered and impacted shorelines, or has been impacted by boats. Any warranties given by Ixom Watercare Inc do not apply to any product that has been repaired, serviced, or modified by an unauthorized person.

11. Confidentiality; Entire Agreement; Amendments; Changes to Terms & Conditions: (a) All information that Buyer acquires from Seller hereunder, directly or indirectly, and all information that arises out of the sale of the Goods hereunder, concerning such Goods and/or proprietary processes involved, including information concerning Seller’s current and future business plans, information relating to Seller’s operations, know-how, and other.

Seller-furnished information shall be deemed Seller’s “Proprietary Information”. Buyer shall (a) hold Seller’s Proprietary Information in strictest confidence, (b) not disclose it to others, (c) use it solely for purposes of this Agreement and (d) upon Seller’s request, either promptly deliver to Seller all such Proprietary Information that is in written, electronic or other form, including copies and summaries, or, at Seller’s option, destroy such Proprietary Information and provide Buyer certification of such destruction. The obligations under this Section shall survive the expiration or termination of the Contract. (b) The Contract constitutes the entire agreement of the parties with respect to the purchase and sale of Goods and supersedes and excludes all prior and other discussions, representations (contractual or otherwise) and arrangements relating to the supply of Goods, including but not limited to, those relating to the performance of Goods or results that ought to be expected from using the Goods.

12. Governing Law: The rights and duties of the parties and any dispute regarding the sale of Goods covered hereby shall be resolved according to the laws of the state of Colorado, without regard to its conflicts of law provisions. Buyer hereby agrees to submit to the non-exclusive jurisdiction of the courts in the state of Colorado. Any controversy or claim arising out of or relating to the sale of Goods or the dealings between the parties shall be settled exclusively by arbitration in Denver, Colorado by a single arbitrator pursuant to the American Arbitration Association’s Commercial Arbitration rules then in effect, and judgment upon the award shall be entered in any court having jurisdiction thereof. The prevailing party in any arbitration proceeding shall be entitled to recover its reasonable attorneys’ fees and costs, in addition to any other relief obtained.

13. Waiver: No failure to exercise nor any delay or omission in exercising any right, power or remedy by Seller operates as or constitutes a waiver. A single or partial exercise by Seller of any right, power or remedy does not preclude any other or further exercise by it of that or any other right, power or remedy.

A waiver is not valid or binding on Seller unless made in writing. No failure by Seller to exercise, nor any delay or omission by Seller in exercising any right, power, or remedy nor any representation made, or conduct carried out by Seller under the Contract or in connection with the supply of Goods or any of them shall constitute or provide grounds for a common law or equitable estoppel.

17. Acts of God: Seller shall not be liable for any failure to perform, or any delay in performance of, repair or maintenance services under this Agreement when such failure or delay results from causes beyond the Seller’s reasonable control. This includes, but is not limited to, acts of God, natural disasters (including floods, earthquakes, storms, or lightning), fire, war, terrorism, civil unrest, labor strikes, utility failures, or other extraordinary events. Any damage to or malfunction of machines caused directly or indirectly by such events is excluded from coverage under this Agreement and shall not be the responsibility of the Service Provider.

16. Payment Terms: Unless otherwise agreed in writing, payment terms are net 30 days from date of invoice. Invoice will be sent at the beginning of contract effective dates.

14. Severance: If any provision of the Terms and Conditions or its application to any person or circumstances is or becomes invalid, illegal or unenforceable, the provision shall so far as possible be read down to such extent as may be necessary to ensure that it is not invalid, illegal or unenforceable. If any provision or part of it cannot be so read down, the provision or part of it shall be deemed void and severable and the remaining provisions of the Terms and Conditions shall not in any way be affected or impaired. 77 THIS PAGE IS INTENTIONALLY LEFT BLANK
78 Agenda Staff Report
TO: Mayor Amabile and City Council Members
FROM: Joe Heim, Parks and Recreation Director
DATE: August 19, 2026
TYPE OF REPORT: Consent Agenda
SUBJECT: Authorize Purchase of Shade Structures through the Sourcewell Cooperative Purchasing Program
______________________________________________________________________ Recommendation:

Adopt a Resolution authorizing the City Manager to issue a purchase order to Superior Recreational Products through the Sourcewell Cooperative Purchasing Program for the purchase of two shade structures for Skylark Park (700 Block Fairmont Dr.) in the amount of $32,971.54, including engineering, freight, and sales tax, and one shade structure for Neighborhood Park (1538 Mayweed Dr.) in the amount of $11,428.71, including engineering, freight, and sales tax.

Background:

The Fiscal Year 2026-2027 Capital Improvement Program includes funding for additional shade structures installation at two City parks. Staff is proposing the purchase of three prefabricated shade structures to provide additional shade over existing picnic areas, including two 40-foot by 30-foot hip shade structures at Skylark Park and one 20-foot by 20-foot hip shade structure at Neighborhood Park (1538 Mayweed Dr.). These improvements will enhance visitor comfort and increase the usability of park amenities during warmer months.

The proposed shade structure purchases were reviewed by the Parks and Recreation Commission on July 22, 2026, and by the Planning Commission on August 12, 2026. Both Commissions expressed support for the proposed improvements and recommended moving the project forward.
79 ITEM 7H
Discussion:

Staff obtained pricing from Superior Recreational Products, Park Planet, and Miracle Recreation for comparable shade structures. After reviewing the proposals, Superior Recreational Products provided the lowest overall cost with comparable quality. Staff also determined that utilizing the Sourcewell Cooperative Purchasing Program is the most efficient and cost-effective procurement method.

The City of Los Banos is a member of Sourcewell, a nationally recognized cooperative purchasing organization that competitively solicits and awards contracts on behalf of participating public agencies. Utilizing the Sourcewell contract allows the City to purchase the shade structures through an established competitive procurement process, eliminating the need to conduct a separate formal bid while ensuring competitive pricing.

The total purchase cost is $44,400.25, including engineering, freight, and sales tax.

Funding has been appropriated through the Fiscal Year 2026-2027 Capital Improvement Program and is allocated as follows:
• Skylark Park (2 shade structures): $32,971.54
• Neighborhood Park (1 shade structure): $11,428.71
Following Council approval, staff will finalize engineering design and order the shade structures. The remaining allocated project funding will be used for installation and permitting, which will be procured through an informal bidding process. Installation is anticipated for late fall 2026.

Fiscal Impact:

Funding for the purchase of the shade structures has been appropriated in the Fiscal Year 2026-2027 Capital Improvement Program. The purchase price for the two Skylark Park shade structures is $32,971.54 and will be funded through account 284-458-200-720. The purchase price for the Neighborhood Park shade structure is $11,428.71 and will be funded through account 287-458-200-720. The remaining allocated project funding will be used for installation, which will be procured through an informal bidding process per section 3-16.040 of the Municipal Code. Installation is anticipated for late fall 2026.

Reviewed by:

_________________________ ___________________________
Soknirorn Than, City Manager Minerva Moreno, Finance Director Attachments:

1. Resolution

2. Site Maps

3. Exhibit Drawings

4. Quote from Superior Recreational Product
80 RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF LOS BANOS AUTHORIZING

THE CITY MANAGER TO ISSUE A PURCHASE

ORDER TO SUPERIOR RECREATIONAL

PRODUCTS THROUGH THE SOURCEWELL

COOPERATIVE PURCHASING PROGRAM

FOR THE PURCHASE OF SHADE

STRUCTURES FOR SKYLARK PARK AND

NEIGHBORHOOD PARK
WHEREAS, the Fiscal Year 2026-2027 Capital Improvement Program includes funding for shade improvements at City parks; and
WHEREAS, staff obtained pricing from multiple vendors for comparable shade structures and determined that Superior Recreational Products provided the lowest overall cost; and
WHEREAS, the City of Los Banos is a member of Sourcewell, a cooperative purchasing organization that competitively solicits and awards contracts on behalf of participating public agencies; and
WHEREAS, City Code Section 3-10.290 authorizes the procurement of commodities, equipment, and services through cooperative purchasing contracts awarded by another governmental or public agency, provided the applicable requirements have been satisfied; and
WHEREAS, utilizing the Sourcewell Cooperative Purchasing Program allows the City to procure the shade structures through an established competitive process while achieving cost savings and procurement efficiencies; and WHEREAS, funding for the purchase of the shade structures has been appropriated through the Fiscal Year 2026-2027 Capital Improvement Program.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby authorize the City Manager to issue a purchase order to Superior Recreational Products through the Sourcewell Cooperative Purchasing Program for the purchase of two shade structures for Skylark Park in the amount of $32,971.54 and one shade structure for Neighborhood Park in the amount of $11,428.71, for a total purchase amount of $44,400.25, including engineering, freight, and sales tax.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 19th day of 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:
81 AYES:

NOES:

ABSENT:

APPROVED:
__________________________
Michael S. Amabile, Mayor
ATTEST:
___________________________
Lucille L. Mallonee, City Clerk
82 Ø6.6" Sch-40
10'
13' 21.33' 12.2'
Ø5.0" 7-Ga
128656
Ø5.0" 7-Ga
30'

16.06' Standard Embedded

4.54 3
N/A 3
Out of range
Out of range
7 N/A
N/A
N/A
40'
40 X 30
1 4
83 Ø5.5" Sch-40
12'
15' 13.04' 5'
Ø3.5" 11-Ga
128674
Ø3.5" 11-Ga
20'

15.7' Standard Embedded

2.79 3
N/A 3
Out of range

3.81 Out of range
N/A
N/A
N/A
20'
20 X 20
1 4
84 Skylark Park
700 Block Fairmont Dr.
85 Neighborhood Park
1538 Mayweed Dr.
86 Oliveira
Park
Regency
Lot D
Park
Verona
Park
Examples in Existing Parks
87 1050 Columbia Dr.

Carrollton, GA 30117 QUO0327570

1.800.327.8774
superiorrecreation.com
CREATED: 5/12/2026
EXPIRES: 6/30/2026
Important note: Superior customers are responsible for any and all sales tax due. Tax rate(s) are fluid and dependent upon the exact ship-to and the effective rate on the date the order ships from any Superior facility. If exempt, please provide tax exempt documents when submitting your signed quote or purchase order, if not already provided. Taxes may not be displayed on the quote or sales order but will be billed where required by law.

SRP holds the following certifications (Approved Fabricator) Shade: Clark County (NV), City of Los Angles (LADBS), City of Houston, City of Phoenix. If your project needs to be certified, please inform SRP in writing during order placement. Note: Additional fees may be required.

Thank you for the opportunity to quote your upcoming project! If you have any questions, please contact our Customer Service Department at

PROJECT NAME NOTES
Skylark Park ***SOURCEWELL 101625-SPR***

BILL TO SHIP TO TERMS
City of Los Banos, CA
Los Banos CA 93635
City of Los Banos, CA
Los Banos CA 93635
Prepay

QTY ITEM UNIT PRICE EXTENDED PRICE
2 Custom Shade Design - Proposal 128678-A
Rectangle Hip Shade: 40' Length x 30' Width x 10' Entry Height. (4) Embedded Columns at Ø6.6" Sch-40. Rafters at Ø5.0" 7-Ga Without Glide Elbows. . Frame Color: TBD Fabric Color: TBD
$15,789.50 $31,579.00
2026 SRP - Price Increase - Price Increase is for
current escalations in pricing for raw materials, goods, and services being experienced in the marketplace. SRP Increase is currently

5.0% based on ‘Dealer Net Cost’. SRP hopes that the market volatility recedes and we can return to normalized quotation and order entry practices.
5% $1,578.95
Subtotal. $33,157.95
SRP Sourcewell Discount - SRP Sourcewell 12%
Discount
-12% ($3,978.95)
Subtotal. $29,179.00
1 Engineering: Sealed Drawings & Calculations Fees -
Engineering: Sealed Drawings & Fees with Calculations
$1,000.00 $1,000.00
1 Expedite Fee - Expedite Fee Engineering Only $250.00 $250.00 Subtotal $1,250.00
1 Custom Shade Design - Proposal 128678-B
Square Hip Shade: 20' Length x 20' Width x 12' Entry Height. (4) Embedded Columns at Ø5.5" Sch-40. Rafters at Ø3.5" 11-Ga Without Glide Elbows. . Frame Color: TBD Fabric Color: TBD $10,119.00 $10,119.00
88 1050 Columbia Dr.

Carrollton, GA 30117 QUO0327570

Thank you for the opportunity to quote your upcoming project! If you have any questions, please contact our Customer Service Department at

QTY ITEM UNIT PRICE EXTENDED PRICE
2026 SRP - Price Increase - Price Increase is for
current escalations in pricing for raw materials, goods, and services being experienced in the marketplace. SRP Increase is currently

5.0% based on ‘Dealer Net Cost’. SRP hopes that the market volatility recedes and we can return to normalized quotation and order entry practices.
5% $505.95
Subtotal. $10,624.95
SRP Sourcewell Discount - SRP Sourcewell 12%
Discount
-12% ($1,274.99)
Subtotal. $9,349.96
1 Engineering: Sealed Drawings & Calculations Fees -
Engineering: Sealed Drawings & Fees with Calculations
$1,000.00 $1,000.00
1 Expedite Fee - Expedite Fee Engineering Only $250.00 $250.00 Subtotal $1,250.00
1 Freight: Combined Freight Out Billable - Combined Freight:

Freight Out Billable
Combined freight prices are only valid if the structures are ordered together and shipped together to the same site. Shipment can be bundled as required to maximize efficiency.
$3,874.95 $3,874.95
2026 Shade Freight Promotion - <b>Terms and
Conditions</b>
Items must be ordered by June 30, 2026. Free freight only applies to shade orders equal to or greater than $30,000 MSRP and does not apply to other Superior product lines, even if the products are ordered on the same purchase order. Special freight requests, including but not limited to expedited shipping, carrier offload, and inside delivery will be subject to standard charges. This discount may not be combined with any other promotional offer.
($3,874.95) ($3,874.95)
Subtotal $41,028.96
Tax (8.75%) $3,371.29
Net Total $44,400.25
89 THIS PAGE IS INTENTIONALLY LEFT BLANK
90 Agenda Staff Report
TO: Mayor Amabile and City Council Members
FROM: Joe Heim, Parks and Recreation Director
DATE: August 19, 2026
TYPE OF REPORT: Consent Agenda
SUBJECT: Authorizing an Amendment to the Fiscal Year 2026-2027 Budget in Account 100-451-240-720 and Awarding a Contract to Pristine Roofing for the Ranchwood Day Care Building Roof Replacement
______________________________________________________________________ Recommendation:

That the City Council:

1. Adopt the Resolution amending the Fiscal Year 2026-2027 Budget by increasing appropriations in Capital Buildings & Structures for Recreation Account 100-451- 240-720 in the amount of $65,000.00; and

2. Approve an agreement with Pristine Roofing in the amount of $62,056.00 for replacement of the roof at the Ranchwood Day Care Facility, and authorize the City Manager to execute the agreement.

Background:

The Ranchwood Day Care Facility, located at 515 Stonewood Drive, has experienced roof leaks during rain events due to the deteriorating condition of the existing foam roof. To protect the facility, maintain a safe environment for children and staff, and ensure continued compliance for daycare operations, staff evaluated replacement options for the roof.

The project is not currently funded in the Fiscal Year 2026-2027 budget and requires a budget amendment before construction can proceed.
91 ITEM 7I
Discussion:

The Public Works Facilities Division solicited proposals to address the failing roof system.

Specialty Roofing of California submitted a proposal to repair and refurbish the existing foam roof, while Pristine Roofing proposed complete removal of the existing roof and installation of a new 60-mil TPO roofing system.

Facilities staff also reached out to two additional roofing contractors but did not receive responses. After reviewing the available proposals, staff determined that while the refurbishment option represented a lower initial cost, a complete roof replacement provides the better long-term solution by replacing the failing roofing system rather than extending its service life through repairs.

Staff recommends awarding the contract to Pristine Roofing in the amount of $62,056. The proposed $65,000 budget amendment includes a contingency to address any unforeseen conditions encountered during construction without delaying the project.

The work is anticipated to be completed prior to the Winter 2026 rainy season to reduce the risk of additional leaks and prevent disruptions to daycare operations. Construction activities will be coordinated with Pennington's Little Friends Day Care to minimize impacts while maintaining safe operations throughout the project.

Procurement:

The proposed roof replacement project qualifies as a public project under the California Uniform Public Construction Cost Accounting Act (CUPCCAA) and the City's California Cost Accounting Policies and Procedures Manual. Because the total project cost is below the applicable CUPCCAA threshold (less than $75,000.00) requiring formal competitive bidding, the City may utilize informal procurement procedures and/or negotiate a contract with a qualified contractor. Consistent with these procedures, the Public Works Facilities Division solicited proposals from four roofing contractors and evaluated the responses received. Based on staff's review, Pristine Roofing's proposal to remove and replace the existing roof with a new 60-mil TPO roofing system provides the best overall value and long-term benefit to the City. Accordingly, staff recommends approval of a negotiated contract with Pristine Roofing in the amount of $62,056.

Additionally, pursuant to Section 3-16.030 of the Los Banos Municipal Code, public works projects below the formal bidding threshold may be procured through informal procedures or negotiated contract, and the proposed contract is consistent with those requirements.

Environmental Impact:

This project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Class 1, Existing Facilities). The project consists of the replacement of the existing roof at the Ranchwood Day Care Facility, an existing public facility, involving maintenance, repair of an existing structure with no expansion of use beyond that currently existing. The project will replace the deteriorated roof system with a new roofing system within the existing building footprint and will not increase the facility's capacity or change its use. Therefore, the project qualifies for the Class 1 Existing Facilities exemption, and no further environmental review is required.

Fiscal Impact:
92 Approval of this item will amend the Fiscal Year 2026-2027 Budget by increasing appropriations in Capital Buildings & Structures for Recreation Account 100-451-240-720 in the amount of $65,000. The City will enter into a construction contract with Pristine Roofing in the amount of $62,056, with the remaining funds available to address unforeseen construction-related expenses if necessary.

Reviewed by:

_________________________ ___________________________
Soknirorn Than, City Manager Minerva Moreno, Finance Director Attachments:

1. Resolution

2. Project Quote

3. Agreement
93 THIS PAGE IS INTENTIONALLY LEFT BLANK
94 RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS AMENDING THE FISCAL
YEAR 2026-2027 BUDGET BY INCREASING

APPROPRIATIONS IN CAPITAL BUILDINGS &

STRUCTURES FOR RECREATION ACCOUNT
100-451-240-720 FOR EXPENDITURES IN THE
AMOUNT OF $65,000.00 FOR THE RANCHWOOD

DAY CARE FACILITY ROOF REPLACEMENT

PROJECT
WHEREAS, the City Council of the City of Los Banos has been presented a proposal to increase appropriations in the Fiscal Year 2026-2027 Budget; and WHEREAS, the City Council of the City of Los Banos may adjust the overall appropriation levels in each fund at any time during the Fiscal Year by action to amend the budget; and
WHEREAS, the Ranchwood Day Care Facility roof has deteriorated and is experiencing leaks during rain events, requiring replacement to protect the building and maintain a safe facility for daycare operations; and
WHEREAS, the City evaluated available roofing options and determined that complete replacement of the existing roof provides the most practical long-term solution while reducing future maintenance needs; and
WHEREAS, the proposed increase in appropriations includes expenditures of $65,000.00 within Capital Buildings & Structures for Recreation Account 100-451-240- 720 for replacement of the Ranchwood Day Care Facility roof, including a contingency for unforeseen construction-related expenses; and
WHEREAS, the proposed amendment to the Fiscal Year 2026-2027 Budget has been reviewed by the Finance Director; and
WHEREAS, the City Manager, or designee, is authorized to execute all agreements, contracts, purchase orders, and other documents necessary to complete the Ranchwood Day Care Facility Roof Replacement Project, subject to the approved project budget and applicable City purchasing requirements.

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

1. Approve amending the Fiscal Year 2026-2027 Budget by increasing appropriations in Capital Buildings & Structures for Recreation Account 100-451-240-720 in the amount of $65,000.00.

2. Approve an agreement with Pristine Roofing in the amount of $62,056.00 for replacement of the roof at the Ranchwood Day Care Facility, and authorize the City Manager to execute the agreement.
95 The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 19th day of 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
96 We can help you with
Roofing, Gutters and Insulation
Residential, Commercial and Industrial
[email protected]

RE-ROOF
JUN 01, 2026

PATRICK ARAMBEL
515 Stonewood Drive
Los Banos, CA
93635
97 INTRODUCTION
Hi Patrick,
Thank you for the opportunity to quote on the repairs to your home. Please find your estimate below along with upgrade options for potential improvements to your project, if applicable.

The following estimate is for:

1. Remove and disposal of old materials

2. Supply and install new materials

3. Clean up of entire work area (all nails and other materials)

4. Your own dedicated Production Scheduling team

5. All employees are WCB and COR certified

6. We are Licensed to work in your geographical region

7. Audit of all work completed by Quality Control Officer

8. 5-year Workmanship Warranty on complete projects - (Full Roof / Full Metals or Full Siding) We don't want you to be personally liable should a worker happen to get injured therefore we maintain current WCB for all employees and crews. We carry two million liability insurance.

As well, we have mandatory safety training for our staff to ensure safe practices always. Once the job is complete, complete an additional full inspection on your home to ensure we did everything correct and up to our strict standards and site is spotless.

If you have any questions, please give me a call. We always want to provide the best value to our clients. If we are outside your budget, please let me know and we will do our best to work within that.

Kind regards,
Chris Gilpin
[email protected]
98 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED?

INSR ADDL SUBR

LTR INSD WVD
PRODUCER CONTACT NAME: PHONE FAX
(A/C, No, Ext): (A/C, No): E-MAIL ADDRESS:

INSURER A :

INSURED INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

POLICY NUMBER POLICY EFF POLICY EXP TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) LIMITS

AUTOMOBILE LIABILITY

UMBRELLA LIAB

EXCESS LIAB WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $ MED EXP (Any one person) $
PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- POLICY JECT LOC PRODUCTS - COMP/OP AGG OTHER: $ COMBINED SINGLE LIMIT
(Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $
$ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $
DED RETENTION $ PER OTH- STATUTE ER
E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $
If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT INSURER(S) AFFORDING COVERAGE NAIC #

COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

CERTIFICATE HOLDER CANCELLATION
ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
8/26/2025
License # 0757776
12961
Pristine Roofing
969 E Lacey Blvd
Hanford, CA 93230--4738
10914
27847
15792
A 1,000,000
CUSPC19000038-01 8/26/2025 8/26/2026 500,000
5,000
1,000,000
2,000,000
2,000,000
B 1,000,000
50011537001 7/8/2025 7/8/2026
C
WPL 5079492 01 8/26/2025 8/26/2026 1,000,000
1,000,000
1,000,000
D Professional Liabili B0621PPRIS003825 8/26/2025
FOR INSURANCE PURPOSES.

Proof of Insurance
PRISROO-01 CHEATH
HUB International Insurance Services Inc.
548 W Cromwell Avenue
Suite 101
Fresno, CA 93711
Shelly Recek
[email protected]
Canopius US Insurance, Inc
Kemper Independence - KIC
ICW Group
Underwriters at Lloyd's London
X
8/26/2026
X
X
X
X
99 DURO-TECH™ TPO 60-MIL MEMBRANE
Duro-Last is a brand of Amrize Building Envelope LLC. Created: 01/20/2025 Revised: 12/05/2025 www.duro-last.com 1 of 3 800-248-0280
DESCRIPTION:

Duro-TECH™ TPO 60-Mil (“TPO60”) is a flexible
thermoplastic polyolefin (“TPO”) roofing membrane made for use in Duro-TECH TPO roofing systems. TPO60 meets or
exceeds all requirements for ASTM D6878.

TPO60 is available as roll goods and can be customfabricated as accessories.

TPO60 is a TPO membrane which incorporates a polyester
reinforcement fabric (weft-inserted scrim) within TPO films to provide exceptional strength and waterproofing.

TPO products are not compatible with PVC products.

TPO Film – Proprietary TPO formulation of resins,
thermal, and UV stabilizers, and flame retardants.
• TPO film above scrim – 30 mil (0.76 mm).

Weft-Inserted Scrim – A 9 x 9 polyester fabric
construction with weft insertion, provides superior tear and puncture resistance. The polyester thread is treated to prevent wicking.

Total Thickness – 60 mil (1.52 mm), nominal.

Weight – 0.31 lb/ft2 (1.51 kg/m2).

Colors – White, tan, and gray.
• The thicker-above-scrim film layer must always be
installed on top.

ROLL PROPERTIES
Dimensions
ft (m)
Approximate Coverage
w/6-In. (152-mm) Overlap
ft2 (m2)
Approximate Weight
lb (kg)
10-in. x 100
(0.3 x 30.5)
58 (5.4)
(no overlap) 25.83 (11.72)

2.5 x 100
(0.8 x 30.5) 199 (18.5) 77.50 (35.15)
5 x 100
(1.5 x 30.5) 447 (41.5) 155 (70.31)
10 x 100
(3 x 30.5) 945 (87.8) 310 (140.61)
Overlap Line – A line, 6 inches (152 mm) from the edge
of the sheet, is factory-applied to the top of the sheet to assist in maintaining proper overlap between sheets.

Seam Plate and Fastener Placement Guides – “X”s are
placed at 6-inch (152-mm) intervals along one edge of the sheet to assist in maintaining proper spacing between
fasteners. Install fasteners so that the outside edge of the seam plate is inset 1/2 inch (13 mm) from the edge of the sheet.
“T-Lap” Patches – A patch, with rounded corners, is
required at all lap areas where three or more layers of membrane intersect (“T-Lap”). The minimum size of the
patch is 4 x 4 inches (102 x 102 mm) or 4-inch (102-mm) diameter. Patches can be made with a maximum of 45-mil
Duro-TECH TPO membrane or Duro-TECH TPO
Unsupported T-Joint Covers. Refer to Detail T1195.

Energy Efficiency:

White TPO60 is an excellent product for complying with
California Title 24, LEED®, and other energy efficiency programs requiring the use of a highly reflective roof
membrane.

COOL ROOF RATING COUNCIL (CRRC)

COLORS CRRC ID
Solar
Reflectance
Thermal
Emittance
Solar
Reflective
Index (SRI)
Initial 3-yr Initial 3-yr Initial 3-yr
White 0610-0023 0.79 0.69 0.85 0.83 98 83
Tan 0610-0029 0.73 0.66 0.90 0.91 90 81
Gray 0610-0028 0.34 0.34 0.89 0.88 37 36
100
Duro-Last is a brand of Amrize Building Envelope LLC. Created: 01/20/2025 Revised: 12/05/2025 www.duro-last.com 2 of 3 800-248-0280
DURO-TECH™ TPO 60-MIL MEMBRANE
LEED-NC & LEED-EB Credits – White TPO60 alone can obtain one credit in either U.S. Green Building Council’s LEED-NC or LEED-EB programs. In combination with other design criteria, the membrane may help attain other credits.

LEED-NC Credit Category Duro-TECH Attribute
Sustainable Sites
Heat Island Reduction Solar Reflective Index (SRI) = 98 LEED-EB Credit Category Duro-TECH Attribute
Sustainable Sites
Heat Island Reduction Solar Reflective Index (SRI) = 98 WARRANTY:

The following warranties are available for projects utilizing TPO60. Contact Duro-Last for warranty details.

AVAILABLE DURO-TECH 60-MIL WARRANTIES
TYPE 15-YEAR 20-YEAR
Supreme NOT APPLICABLE
Ultra
15-Year High Wind TPO
15-Year Hail TPO 20-Year High Wind TPO
15-Year Hail and High Wind TPO
Basic
15-Year NDL TPO 20-Year NDL TPO
15-Year Material Only TPO 20-Year Material Only TPO
Residential 15-Year Residential TPO 20-Year Residential TPO CODES AND STANDARDS:

Underwriters Laboratories (US & Canada)1, NEMO CERT Evaluation Report1, FM Approvals1, Canadian Construction Materials Centre1, State of Florida1, Miami-Dade County1, Texas Department of Insurance (TDI)1. 1 Pending STORAGE:

Keep away from ignition sources.

Store rolls lengthwise on pallets. Use tarps to keep rolls dry.

PRECAUTIONS:

Keep away from ignition sources. Do not smoke while installing.

Wear proper personal protective equipment, such as gloves and eye protection, per the SDS.

MEMBRANE ATTACHMENT:

Mechanically Fastened – TPO60 may be mechanically fastened to a variety of roof deck and wall materials. An appropriate slip sheet, insulation, or cover board may be required. Refer to the Duro-TECH TPO Mechanically Fastened Roofing System Specification for system requirements.

Induction Welded – Induction welding may be used to attach TPO60. An appropriate slip sheet, insulation, or cover board may be required. Refer to the Duro-TECH TPO Induction Weld Roofing System Specification for system requirements.

Adhered – TPO60 may be adhered to a variety of properly prepared roof decks, walls, insulations, or cover boards. Refer to the Duro-TECH TPO Adhered Roofing System Specification for system requirements. 101
Duro-Last is a brand of Amrize Building Envelope LLC. Created: 01/20/2025 Revised: 12/05/2025 www.duro-last.com 3 of 3 800-248-0280
DURO-TECH™ TPO 60-MIL MEMBRANE
PHYSICAL PROPERTIES:

TPO60 has been subjected to the tests required by ASTM D6878 “Standard Specification for Thermoplastic Polyolefin Based Sheet Roofing”. The results of each test are listed below. ASTM’s Overall Thickness requirements for the membrane are plus or minus 10% (nominal) of the listed Typical Value.

PHYSICAL PROPERTIES
Physical Property Test Method ASTM D6878 Requirement Result Typical Value Overall Thickness ASTM D751 ≥ 54 and ≤ 66 mil
(≥ 1.37 and ≤ 1.68 mm) PASS 60 mil (1.52 mm) nominal
Thickness Over Scrim ASTM D7635 ≥ 15 mil
(≥ 0.38 mm) PASS 30 mil (0.76 mm)
Breaking Strength ASTM D751
grab method ≥ 220 lbf (≥ 978.6 N) PASS 390 lbf (1,734.8 N) Elongation at
Reinforcement Break
ASTM D751
grab method ≥ 15% PASS 25%
Tear Strength ASTM D751 ≥ 55 lbf (≥ 244.7 N) PASS 120 lbf (533.8 N) Brittleness Point ASTM D2137 Must pass at -40° F (-40° C) PASS PASS Ozone Resistance,
No Cracks ASTM D1149 PASS (no cracks) PASS PASS
Properties After Heat Aging (Retained Values) ASTM D573 – 5,376 Hours (224 Days or 32 Weeks) at 240° F (115.6° C) Breaking Strength ASTM D751
grab method 90% min PASS ˃ 90%
Elongation at
Reinforcement Break
ASTM D751
grab method 90% min PASS ˃ 90%
Tear Strength ASTM D751 60% min PASS ˃ 60%
Weight of Change – ± 1% max PASS ˂ 1%
Linear Dimension
Change
ASTM D1204
6 hours at 158° F (70° C) ± 1% max PASS ˂ 1%
Water Absorption ASTM D471 ± 3% max PASS ˂ 3%
Weather Resistance
ASTM G155
176° F (80° C) Black Panel, no
cracking, crazing when wrapped
around a 3-inch (76.2-mm) mandrel
and inspected at 7X magnification
10,800 kJ/m2 min PASS ˃ 60,000 kJ/m2
Puncture FTM 101C
method 2031 – PASS 300 lbf (1,334.5 N)
Dynamic Puncture ASTM D5635 – PASS 50 J
Static Puncture ASTM D5602 – PASS 55 lb (24.95 kg)
Air Permeance (Material) ASTM E2178 0.004 ft3
/ft2 max
(0.02 L/(s*m2) PASS PASS
APPROVALS:

Duro-Last, the “World’s Best Roof”, and Duro-TECH are trademarks in the Amrize portfolio.

All other trademarks are property of their respective owners. 102

INSPECTION
103
104
DURO-TECH 60 MIL TPO
Description
Scope Of Work
Remove existing foam coated roof down to the deck.

Install Duro-Guard cover board. Part of a “Class A” assembly over combustible and noncombustible decks and extruded polystyrene.

Install DURO-TECH® 60-MIL MEMBRANE - to be installed over the seperation sheet and mechanically attached to the wood decking. All membrane seams will be heat welded.

Properly terminate all membrane with termination bar according to manufacturer specifications.

Step-flashing
Install DURO-LAST® Flexible T Joint Cover Patches at all necessary locations.

Remove and replace all existing pipe penetrations with DURO-LAST® Split Pipe Boots Install DURO-LAST® Universal Corner at all inside and outside corners.

Install DURO-LAST® Vents at all vent penetrations on the roof All materials/products will be installed according to manufacturer specifications.

Provide and install coping metal flashing around perimeter of the roof.

Prevailing Wages are calculated for labor costs.

Permits and Fees
Dump and disposal fees.

Estimate subtotal $62,056.00
Total $62,056.00
* Upon removal of existing roof further inspection will be made. Any decking or insulation that needs to be replaced will be an additional cost from original estimate.

Pay Schedule:
40% on the start date: $24,822.40
40% on day of material delivery: $24,822.40
20% on passing of final inspection $12,411.20
105

AUTHORIZATION
DURO-TECH 60 MIL TPO $62,056.00 Name: Patrick Arambel
Address: 515 Stonewood Drive, Los Banos, CA
Estimates valid for 30 days from date of estimate
Customer Comments / Notes
Patrick Arambel: Date:
<p>By signing this form I agree to and confirm the following: I certify that I am the registered owner of the above project property, or have the legal permission to authorize the work as stated. I agree to pay the total project price and understand that this work will be completed in accordance with industry best practices.</p>
106
I acknowledge that I have read and understand this page. Initials:

TERMS AND CONDITIONS
You may cancel this contract from the day you enter into the contract until 10 days after you receive a copy of the contract. You do not need a reason to cancel. If you do not receive the goods or services within 30 days of the date stated in the contract, you may cancel this contract within one year of the contract date. You lose that right if you accept delivery after the 30 days. There are other grounds for extended cancellation. For more information, you may contact your state/ territorial consumer affairs office. If you cancel this contract, the seller has 15 days to refund your money and any trade-in, or the cash value of the trade-in. You must then return the goods. To cancel, you must give notice of cancellation at the address in this contract. You must give notice of cancellation by a method that will allow you to prove that you gave notice, including registered mail, fax or by personal delivery.

I understand that if roof rot is discovered during tear-off Pristine Roofing reserves the right to replace sheathing and bill me up to $200 in addition to the estimated cost below without notifying me in advance. Pristine Roofing will call me for authorization if wood replacement will exceed $200.

I understand that I must remove items from the interior walls of my home that may be damaged or fall due to vibrations from the loading/installation of shingles on to my roof (if applicable), or installation of siding. Pristine Roofing is not liable for such damages.

I understand that minor stucco damage may result when the roof is torn off areas where stucco meets my roof’s surface, especially where improperly applied. Pristine Roofing is not liable for repairing said damage.

I understand that Pristine Roofing is not liable for any damages that may result from improperly installed plumbing or electrical lines in the attic space. Pristine Roofing is not liable for damages caused by water and electrical lines installed against the bottom of the plywood sheathing.

I understand that if my commercial building has internal drains they will need to be tested by a plumber to ensure proper function. Pristine Roofing is not liable for improperly installed plumbing/drains or drain blockages/disruptions.

I understand that maintenance is a requirement of all roofing systems. Leaks stemming from maintenance issues ie clogged drains, debris build up, clogged valleys will not fall under the provided warranty from Pristine Roofing. It is the responsibility of the homeowner and/or building owner to maintain new roof with proper maintenance from a licensed source.

I understand that any warranty for material used during the project is provided by the material manufacturer. Unless agreed upon otherwise, Pristine Roofing provides a 10-year Workmanship Warranty on portions of the project in which Pristine Roofing fully replaced any existing products. Roofing workmanship warranties will be reduced to one year when home owners have requested that full synthetic underlayment not be installed. Full warranty details available by request.

I understand that, unless agreed upon. This does not apply to products, some of which may deteriorate more rapidly (ie. sealants) and should be inspected on a regular basis, and am not responsible for material shortage and have no claim to material surpluses.

I certify that I am the registered owner of the above project property, or have the legal permission to authorize Pristine Roofing to perform the work as stated and agree to pay the total project price.

I understand that any insurance claims are subject to the specific terms and conditions outlined by my insurance company, and may be subject to insurance company approval. 107
I acknowledge that I have read and understand this page. Initials:

I understand that payment in full is due upon completion of work as stated in the contract NOT upon final inspection.

Payment is due in full on the SAME day as completion. All invoices not paid in full after 5 days will be subject to a 2% per month interest charge.

In the event of a possible warranty claim Pristine Roofing will dispatch a tech. Once on site if the technician determines the problem to be from another source with photographic evidence the owner will be charged a flat $200 service fee for the diagnostic. If more work is required to remedy the leak this will require another estimate from Pristine Roofing.

If any action at law or in equity is brought to enforce or interpret the terms of this contract, the prevailing Party shall be entitled to recover all costs incurred in such action or proceeding, including reasonable attorneys’ fees, in addition to any other relief to which they may otherwise be entitled.

EXCEPT AS OTHERWISE PROVIDED HEREIN, PRISTINE ROOFING MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR PURPOSE, OR OTHERWISE.

BY EXECUTION OF THIS CONTRACT, CUSTOMER AGREES THAT PRISTINE ROOFING’S LIABILITY OF ANY KIND

INCLUDING, BUT NOT LIMITED TO, LIABILITY FOR BREACH OF CONTRACT, BREACH OF ANY WARRANTY, OR NEGLIGENCE IS LIMITED TO THE CONTRACT PRICE STATED HEREIN.

PRISTINE ROOFING SHALL NOT BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY,

PUNITIVE OR ENHANCED DAMAGES, OR FOR LOST PROFITS OR REVENUES, OR FOR DIMINUTION IN VALUE, ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH ANY BREACH OF THIS CONTRACT, REGARDLESS OF: (A) WHETHER SUCH DAMAGES WERE FORESEEABLE; (B) WHETHER OR NOT CUSTOMER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
108

WARRANTY
This document warrants that should a defect in workmanship, related to the work completed by Pristine Roofing, occur within (10 years Residential, 5 years Commercial, 2 years repair) of the project, Pristine Roofing will complete repairs within the original project’s scope of work at no charge to the customer. This warranty does not cover normal wear and tear, hail damage, wind damage, sun damage, intentional or accidental damage by any person, or acts of God that may or may not merit an insurance claim. This warranty only applies to portions of the project in which Pristine Roofing fully replaced any existing products, and does not cover repairs or service done to another contractor’s work. Defects in the building materials used to complete work do not fall under the scope of this workmanship warranty; any building products installed will instead be covered by the product’s original manufacturer warranty.

Customer
Patrick Arambel
Project address
515 Stonewood Drive, Los Banos, CA
Date Project Completed
-
Thank you again for choosing Pristine Roofing to complete work on your property. We trust you had a great customer experience!
Mike Mckenna - President
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110
Agenda Staff Report
TO: Mayor Amabile & City Council Members
FROM: Ramon McDonald, Administrative Sergeant
DATE: August 19, 2026
TYPE OF REPORT: Consent Agenda
SUBJECT: Authorize the City Manager to Execute an Agreement with Motorola Solutions to Implement a Public Safety Drone for First Responder (DFR) Program
______________________________________________________________________ Recommendation:

That the City Council authorizes the City Manager to execute a 4-year agreement with Motorola Solutions for the acquisition of pre-positioned drone first responder systems (BRINC/Motorola Solutions).

Discussion:

In 2018, the City of Los Banos Police Department began operating an FAA Part 107 UAS/drone program. Since this time, the UAS/ drones have been used to support patrol and other departments within the City of Los Banos and Merced County, to:
• Assist patrol officers in locating missing persons or suspects attempting to elude law enforcement during day and night operations. The drones are equipped with infrared cameras that enhance search capabilities in the dark. • During search warrants, by monitoring the building exterior for suspects and hazards before officer entry. Drones have also been used to clear rooms where potentially dangerous or armed suspects are believed to be hiding, providing for additional officers and public safety.
• During fire incidents, to document the scene and provide an overhead view of the property. This allows Fire Personnel to assess structures for hazards and provide live data for operational decisions.
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ITEM 7J
• To assess the Water Treatment plant when the ground is wet and unsafe. The drone provided quick footage of the area and identified possible hazards. This lowers the risk of sending city equipment and personnel to high-risk areas. • Mutual aid: to assist Merced County during severe floods within the area. The drone provided live footage to rescue crews and the command center. Providing the location of damaged levees and showing the extent of the damage. This data was provided to repair crews, allowing them to engineer a repair plan and provide the safest route to the hazard. The drone was used to check rooftops and structures for subjects needing rescue.
• Drones have been deployed from the police department for calls that were within reach. The drone arrived prior to the officers, allowing the pilot to assess the area, locate subjects, and provide up-to-date information to ground personnel prior to their arrival. This allows for additional time and more efficient decision making.
• At public events, providing overwatch and enhancing public safety.

Traditional deployments require officers to transport and launch drones on-scene, keeping the drone within visual line of sight to meet FAA regulations, causing delays.

The DFR program deploys prepositioned drones in temperature-controlled docks for immediate remote launch from the Los Banos Police Department, providing real-time aerial intelligence and communication with dispatch. The pilots and certifications from the FAA allow the drone to be flown beyond visual line of sight. This will allow the drone to arrive before first responders, giving an assessment of the area and subject information.

Motorola Solutions and Brinc, offer a four-year contract for the DFR program. This will provide the necessary technology, training and FAA certifications for the Los Banos Police Department. The first year of the contract is free of charge. The Los Banos Police Department will not be charged for the technology or installation. This will allow our department to gather live usage data to determine if the DFR program is useful to our city. If the Department decides to cancel during the first year, we will not be charged for the additional years listed under this contract.

The product agreement has been reviewed by the City Attorney.

Benefits:
• Reduce response times (drones often arrive on scene first). • Enhance officer safety and de-escalation via overhead views before ground contact.
• Real-time video streaming to Dispatch and responding officers. • Proven early results in arrests and call mitigation.
112
Expenditures:

There is no cost to the City during year one of this program.

Procurement:

Pursuant to Los Banos Municipal Code Section 3-10.230, the City Council may exempt certain acquisitions from the competitive bidding requirements when the procurement involves specialized technology, proprietary systems, or circumstances where standard competitive processes would not be in the City's best interest.

The proposed Drone First Responder (DFR) program utilizes a highly specialized and integrated public safety technology platform provided exclusively through the Motorola Solutions and BRINC partnership. The system includes pre-positioned drone docks, remote flight operations capability, FAA Beyond Visual Line of Sight (BVLOS) operational support, software integration, training, maintenance, and ongoing technical support. The hardware, software, communications infrastructure, and operational services function as a single proprietary platform that is not readily interchangeable with other products without significant cost, operational disruption, and loss of functionality.

Based on the specialized nature of the technology, the proprietary integration of the Motorola Solutions/BRINC DFR platform, the operational and public safety advantages provided, staff finds that this procurement qualifies for a technology-based exemption under Los Banos Municipal Code Section 3-10.230 and that a competitive solicitation would not provide a material benefit to the City. Therefore, staff recommends that the City Council approve the proposed agreement and authorize the City Manager to execute the contract with BRINC/Motorola Solutions.

Fiscal Impact:

There is no Fiscal Year 2026-2027 budget impact associated with the DFR program at this time. If the City elects to participate in the program, the City would enter into a fouryear contract agreement as outlined below. Funding for the contract would be subject to annual City Council appropriations and would be brought forward for consideration as part of each fiscal year's budget process.

Year 1: DFR program $0
Year 2: DFR program $59,999.00
Year 3: DFR program $59,999.00
Year 4: DFR program $59,999.00
Reviewed by:
113
_______________________________ ________________________________ Soknirorn Than, City Manager Minerva Moreno, Finance Director Attachments:
• Drone for First Responder Resolution
114
RESOLUTION NO.

A RESOLUTION OF THE CITY OF LOS BANOS

AUTHORIZING THE CITY MANAGER TO ENTER

AN AGREEMENT WITH MOTOROLA SOLUTIONS

BRINC FOR THE IMPLEMENTATION OF A

DRONE AS FIRST RESPONDER (DFR)

PROGRAM

WHEREAS, Drone as First Responder (DFR) programs are used by law enforcement agencies throughout the nation to augment police field response to calls for service with real-time actionable video intelligence; and WHEREAS, DFR programs provide safer, more efficient, and often faster responses to calls for service by prepositioning drones that can launch rapidly to emergency scenes, often arriving before ground units; and WHEREAS, The City of Los Banos Police Department seeks to launch a DFR program to improve situational awareness, enhance officer and community safety, reduce unnecessary responses, support de-escalation, and optimize resources; and WHEREAS, staff has researched and evaluated multiple DFR platforms/providers and determined that Motorola Solutions paired with Brinc offers the most comprehensive and compatible system including drones, docking stations, software, training, maintenance, and regulatory support; and
WHEREAS, the proposed program will comply with all applicable laws, including FAA regulations, California Assembly Bill 481, departmental policies on data retention, privacy, transparency (e.g., public dashboards), and no budget appropriation is required for Fiscal Year 2026–27, and future funding for the DFR program will be brought forward as part of the City’s annual budget process; and
WHEREAS, the Motorola Solutions and BRINC DFR Program provides a specialized and integrated public safety technology platform that allows for the remote deployment of pre-positioned drones, real-time aerial intelligence, enhanced officer and public safety, and reduced emergency response times, and staff has determined that the acquisition qualifies for a technology procurement exemption pursuant to Los Banos Municipal Code Section 3-10.230 due to the proprietary and specialized nature of the system.

NOW, THEREFORE, BE IT RESOLVED, That the City Council of the City of Los Banos does hereby approve and authorized the City manager to execute an agreement with Motorola Solutions paired with Brinc for the implementation of a DFR public safety 115
program, including equipment, software, services, training, and support, for the 4-year product agreement.

Expenditures:

Year 1: DFR program $0
Year 2: DFR program $59,999.00
Year 3: DFR program $59,999.00
Year 4: DFR program $59,999.00

AYES:

NOES:

ABSENT:

APPROVED:

__________________________
Michael S. Amabile, Mayor
ATTEST:
___________________________
Lucille L. Mallonee, City Clerk
116
Agenda Staff Report
TO: Mayor Amabile and Council Members
FROM: Ray Reyna, Police Chief
DATE: August 19, 2026
TYPE OF REPORT: Consent Agenda
SUBJECT: Approval of an Asset Disposition Services Agreement with PropertyRoom.com, Inc. for the Online Sale and Disposal of Surplus City Property
______________________________________________________________________ Recommendation:

Staff recommend Council Adopt the Resolution approving an Asset Disposition Services Agreement with PropertyRoom.com, Inc. for online auction and disposition services for surplus City property and authorize the City Manager to execute the Agreement and any non-substantive amendments consistent with the Agreement.

Discussion:

The proposed Agreement with PropertyRoom.com, Inc. provides the City with a comprehensive online auction platform for the sale and disposition of surplus property, including seized property, abandoned property, surplus equipment, electronics, vehicles, and other eligible municipal assets. The agreement allows the City to maximize the value of surplus assets while reducing staff time associated with storage, advertising, and conducting public auctions.

PropertyRoom.com provides inventory management, online marketing, auction services, payment processing, and remittance of proceeds to the City. The City retains ownership of all assets until sold, at which time title transfers directly to the purchaser. 117
ITEM 7K
Approval of the Agreement will provide an efficient, transparent, and publicly accessible method for disposing of surplus property while generating revenue from assets that would otherwise have limited value.

Monthly reports detailing assets sold, fees charged, and net proceeds remitted to the City are provided through an online reporting system.

The Agreement has an initial one-year term and automatically renews annually unless either party provides at least sixty (60) days' written notice of non-renewal. Either party may terminate the Agreement upon thirty (30) days' written notice.

Procurement:

This agreement follows Section 3-10.290 Cooperative Procurement of the City Municipal Code. Under this section, the City Manager is authorized to act under the provisions of this article to procure for the City commodities, equipment and/or services in conjunction with voluntary cooperative purchasing agreement. This service agreement falls under the State of California Cooperative Purchase Agreement No. 7- 23-70-52-02.

Fiscal Impact:

Compensation is transaction-based and is deducted from auction proceeds before remittance to the City.

The City will receive the net proceeds from the sale of surplus assets after deduction of applicable service fees and approved expenses. Because proceeds depend on the quantity and value of surplus assets sold, annual revenues cannot be accurately projected.

Use of this service is expected to reduce staff time associated with conducting auctions, managing surplus inventory, processing sales, and coordinating transfers of property.

Reviewed by:

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

1. Resolution

2. Agreement for Services
118
RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS APPROVING AN ASSET

DISPOSITION SERVICES AGREEMENT WITH
PROPERTYROOM.COM, INC. FOR THE ONLINE

SALE AND DISPOSAL OF SURPLUS CITY

PROPERTY AND AUTHORIZING THE CITY

MANAGER TO EXECUTE THE AGREEMENT
WHEREAS, the City of Los Banos periodically accumulates surplus property, equipment, vehicles, and other assets that are no longer needed for municipal purposes; and
WHEREAS, the City Council finds that disposing of surplus property through competitive online auctions promotes transparency, broadens the pool of prospective purchasers, maximizes the return on surplus assets, and reduces staff time and costs associated with conducting traditional public auctions; and WHEREAS, PropertyRoom.com, Inc. specializes in providing asset disposition services to public agencies, including the inventory, marketing, storage, auction, sale, and disposition of surplus property through publicly accessible online auctions; and WHEREAS, under the proposed Asset Disposition Services Agreement (attached hereto as Exhibit A), the City will retain legal title to all assets until they are sold or otherwise lawfully disposed of, at which time title will transfer directly to the purchaser in accordance with the Agreement; and
WHEREAS, PropertyRoom.com, Inc. will provide monthly reporting detailing assets sold, fees charged, and net proceeds remitted to the City, thereby ensuring accountability and transparency in the disposition process; and WHEREAS, the Agreement establishes an initial term of one (1) year, automatically renewing for successive one-year terms unless terminated or nonrenewed in accordance with its provisions; and WHEREAS, compensation under the Agreement is transaction-based and is paid from the proceeds generated through the sale of surplus property, thereby eliminating the need for an annual fixed payment by the City; and
WHEREAS, the City Council has reviewed the proposed Asset Disposition Services Agreement and finds that entering into the Agreement is in the best interests of the City and its residents by providing an efficient, cost-effective, and transparent process for disposing of surplus municipal property.
119
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby approve the Asset Disposition Services Agreement with PropertyRoom.com, Inc., and authorizes the City Manager to execute the Agreement.

AYES:

NOES:

ABSENT:

APPROVED:
__________________________
Michael S. Amabile, Mayor
ATTEST:
___________________________
Lucille L. Mallonee, City Clerk
120
PropertyRoom.com Account #______________
Federal Tax ID: 86-0962102 Asset Disposition Services Agreement PropertyRoom.com 2018-06-05 Page 1 of 3
This Asset Disposition Services Agreement
(“Agreement”) is made by and between
PropertyRoom.com, Inc., a Delaware corporation
(“Contractor”) and ____________________________
(“Owner”). The Agreement is effective upon Owner’s
signature date (“Effective Date”).

Whereas Contractor’s business involves surplus asset
management, selling, auction, disposition and related
services (“Services”); and
Whereas Contractor desires to provide Services to
Owner and Owner desires Contractor to provide
Services subject to this Agreement.

Now therefore, in consideration of premises above
and mutual covenants and agreements set forth herein,
Contractor and Owner agree as follows.

Any other municipal, county, or state government
agency located within the same state as Owner may
also procure Services under this Agreement under the
same terms and conditions stated in this Agreement by
executing an adoption agreement with Contractor
based upon this Agreement.

1. Items Requiring Services. Owner will identify
items ("Assets") it desires to provide to Contractor
for Services. Contractor retains the right to accept
or reject certain Assets in its sole discretion.

2. Title to Assets. Owner shall retain, at all times,
legal title to Assets unless and until Assets are
purchased or otherwise disposed of according to
the Agreement, at which time Owner will be
deemed to have transferred title directly to an Asset
purchaser or other acquirer (“Buyer”) identified by
Contractor. Owner appoints Contractor as its
representative and instrumentality to hold and offer
Assets for sale, on Owner’s behalf, in accordance
with the Agreement. Owner appoints Contractor as
its attorney-in-fact to sign any and all documents
necessary to assign to Buyers all of Owner’s rights,
title and interest in and to Assets sold or disposed.

Cash receipts, accounts receivable, contract rights,
notes, general intangibles, and other rights to
payment of any kind arising out of Asset sales
(“Proceeds”) belong to Owner. Contractor may
withhold from Proceeds amounts owed to
Contractor and any third parties in connection with
Services, which amounts shall be disbursed by
Contractor on Owner’s behalf. Contractor will remit
remaining balances to Owner (“Owner Net
Proceeds”).

3. Term and Termination
This Agreement shall commence on the Effective Date
and shall continue for an initial term of one (1) year from the Effective Date and thereafter will automatically
renew for consecutive one (1) year terms unless written notice of non-renewal is provided by either party to the other at least sixty (60) days prior to the expiration of the then current term.
a. Either Owner or Contractor (the “Party” or
“Parties”) may terminate the Agreement upon
thirty (30) days prior notice to the other Party.
b. The rights of the Parties to terminate the
Agreement are not exclusive of any other rights
and remedies available at law or in equity, and
such rights will be cumulative. Exercising any
such right or remedy will not preclude
exercising these or any other rights and
remedies.
c. Upon any termination or expiration, Contractor
may continue to provide Services for any
unsold Assets then in the possession of
Contractor. Alternatively, Owner may, at
Owner’s expense, arrange for the return of
Owner Assets.

4. Payment for Services
a. Fees. Fees for Contractor Services appear in
signed addendums to this Agreement.
b. Remittance of Proceeds. Once a month,
Contractor will remit Owner Net Proceeds from
sales completed the prior month. Sales are
deemed completed when all items from an
asset list line-item are sold, paid for and
shipped. Contractor may defer payment of any
amount less than $250 until such time as the
amount owed Owner equals or exceeds $250.
c. Invoices. If monthly Proceeds do not cover
amounts owed, Contractor and Owner will
mutually agree for Contractor to either:
(1) Invoice Owner for Services, net of
Proceeds collected, or
(2) Accrue and carry-over unpaid balances,
invoicing Owner when negative balances
persist for six (6) consecutive months.
d. Reporting. Each month, Contractor will
publish a standard online report containing
information related to Owner Assets, Services
provided, Fees and Owner Net Proceeds.

5. Contractor Obligations. Contractor may utilize
subcontractors in its performance of Services,
provided Contractor shall be responsible for any
breach of this Agreement by such subcontractors.

With respect to delivering Services:
a. Contractor shall maintain insurance covering
Assets against fire, theft, and extended
coverage risks ordinarily included in similar
policies.
b. For auction Services, Contractor will use
organic marketing techniques (“OMT”) to
increase bidding on Owner Assets. OMT may
include, but not be limited to, email, publicity
related to this Agreement, and facilitation of
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Asset Disposition Services Agreement
PropertyRoom.com 2018-06-05 Page 2 of 3
clickable links on Owner website(s) to websites
used by Contractor for Asset sales.

6. Asset Lists
a. Manifest & Asset Lists. Owner will complete
paperwork reasonably necessary to convey
custodial possession of Assets to Contractor,
such as written manifests or Asset lists (the
“Asset Lists”) describing items in sufficient
detail for proper identification. Contractor owns
exclusive rights to sell Assets described in
Asset Lists provided by Owner for a period of
120 days from the date Owner releases an
Asset to Contractor for sale and Owner will not
grant any such rights to any third party (or itself
sell the applicable Assets).
b. Excluded Assets. Owner agrees it will not
knowingly provide illegal or hazardous Assets
or Assets that infringe intellectual property
rights of any third party (“Excluded Assets”). In
the event Contractor identifies any item as an
Excluded Asset, Contractor shall have the right
to suspend, cancel, or unwind any sale or
disposal of such Excluded Asset.

7. Salability of Assets.
a. Owner states Assets subject to Services are
legally available for sale to the general public;
and
b. If required, Owner has taken necessary actions
for transfer of Asset title(s) to Buyers.

8. Books and Records. Contractor will keep
complete and accurate books of account, records,
and other documents with respect to the
Agreement (“Books and Records”) for at least 3
years following Agreement expiration or
termination. Upon reasonable notice, Books and
Records will be available for inspection by Owner,
at Owner’s expense, at the location where Books
and Records are regularly maintained, during
Contractor’s normal business hours.

9. Assignment. This Agreement shall be binding
upon and inure to the benefit of the Parties named
herein and their respective successors and
assigns. Neither Party may assign any of its
obligations under this Agreement without the prior
written consent of the other Party, such consent not
to be unreasonably withheld or delayed, provided
that Contractor may assign this Agreement without
such consent to a successor in interest by way of a
merger, consolidation, or sale of all or substantially
all of Contractor’s assets.

10. Notices. Any notice or other communication given
under the Agreement will be in writing and
delivered by hand, sent by facsimile (provided
acknowledgment of receipt thereof is delivered to
the sender), sent by certified, registered mail or
sent by any nationally recognized overnight courier
service to the addresses provided in the Owner
information section. Notices sent by registered mail
or national overnight carrier shall be effective upon
delivery. The Parties may, from time to time and at
any time, change their respective addresses and
each will have the right to specify as its address
any other address by written notice to the other
Party. A change of address will take effect upon
receipt of notice unless a later date is otherwise
specified.

11. Interpretation. Whenever possible, each provision
of the Agreement will be interpreted in such a
manner as to be effective and valid under
applicable law, but if any provision of the
Agreement is held to be prohibited by or invalid
under applicable law, such provision will be
ineffective only to the extent of such prohibition or
invalidity, without invalidating the remainder of
such provision or the remaining provisions of the
Agreement. The Agreement headings are inserted
for convenience of reference only and shall not
constitute a part hereof.

12. Governing Law. The internal law, and not the law
of conflicts, of the state in which Owner is located
will govern all questions concerning construction,
validity and interpretation of the Agreement and the
performance of the obligations imposed by the
Agreement. The proper venue for any proceeding
at law or in equity will be the state and county in
which the Owner is located, and the Parties waive
any right to object to the venue.

13. Further Assurances. Contractor and Owner will
each sign such other documents and take such
actions as the other may reasonably request in
order to effect the relationships, Services and
activities contemplated by the Agreement and to
account for and document those activities.

14. Relationship of the Parties. No representations
or assertions will be made or actions taken by
either Party that could imply or establish any joint
venture, partnership, employment or trust
relationship between the Parties with respect to the
subject matter of the Agreement. Except as
expressly provided in the Agreement, neither Party
will have any authority or power whatsoever to
enter into any agreement, contract or commitment
on behalf of the other, or to create any liability or
obligation whatsoever on behalf of the other, to any
person or entity.
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Asset Disposition Services Agreement
PropertyRoom.com 2018-06-05 Page 3 of 3

15. Force Majeure. Neither Party will be liable for any failure of or delay in performance of the Agreement
for the period that such failure or delay is due to
acts of God, public enemy, war, strikes or labor
disputes, or any other cause beyond the Parties’
reasonable control (each a “Force Majeure”), it
being understood that lack of financial resources
will not to be deemed a cause beyond a Party’s
control. Each Party will notify the other Party
promptly of any Force Majeure occurrence and
carry out the Agreement as promptly as practicable
after such Force Majeure is terminated. The
existence of any Force Majeure will not extend the
term of the Agreement.

This Agreement, together with one or more signed addendums attached hereto, comprises the entire agreement between Contractor and Owner relating to Services and supersedes any prior understandings, agreements, or representations by or between the parties, whether written or oral.

OWNER CONTRACTOR
Signature Signature
Name Name
Title Title
Date Date
......................................................................................................................................................................................

OWNER INFORMATION & AGREEMENT OPTIONS SELECTED
Owner Name: Account #:

Street Address: Cooperative Purchasing Agreement?
Sourcewell 
Other (Please specify)_____________ 
Member #: ___________________
City, State/Province, Postal Code, Country: Resolution of Unpaid Monthly Service Fees:

Balance carry-over  Monthly Invoice 
Telephone: Fax:

Primary Contact: Secondary Contact:

Name ________________________________ Name ________________________________ Work_________________________________ Work ________________________________ Mobile _______________________________ Mobile _______________________________ Email ________________________________ Email ________________________________ Aaron Thompson
CEO
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PropertyRoom.com
Federal Tax ID: 86-0962102 #111424-PRC Sourcewell Fees & Services Addendum Sourcewell Member # __________ PropertyRoom.com 2025 P a g e 1 of 3

1. This addendum (“Addendum”) is attached to and made part of the Asset Disposition Services Agreement dated _____________________ (“Agreement”) between Contractor and Owner. In the event of a conflict between the provisions of the Agreement, this Addendum and any prior agreement or Agreement addendum, this Addendum will govern.

2. Definitions.
a. Winning Bid. "Winning Bid" means the highest amount committed and paid by a Buyer of a sold Asset.

Winning Bid does not include shipping & handling, buyer premiums, or other fees, if any, nor does Winning Bid include an amount a Buyer commits but fails to pay. b. Sales Price. “Sales Price” equals the Winning Bid plus shipping & handling, shipping insurance and sales tax paid by a Buyer.
c. Payment Processing Costs. Payment processing costs equal 3% of Sales Price (“PP Costs”). d. Success Fee. For sold Assets, Owner will pay Contractor a Services fee equal to a percent of profits or Winning Bids as specified below (“Success Fee”).
e. Buyer Premiums. Notwithstanding anything to the contrary herein, Contractor may collect a Winning Bid percent fee from a Buyer, typically referred to as a “Buyer’s Premium”.

3. Services Offered. Contractor provides a suite of Services referenced herein. Upon mutual agreement of Owner and Contractor, Contractor may provide all or any combination of Services. Contractor will use commercially reasonable efforts to deliver Services.
a. Portables Auction Service (“Portables”). Applying to Assets small enough for pick-up by Contractor via box truck or common carrier shipment, excluding firearms, Contractor will transport, test and/or authenticate (if applicable and practicable), erase or destroy memory media (in the case of electronics), image, store, list and sell Assets via public internet auction on one or more Contractor selected websites.

Owner will pay Contractor a Success Fee as described below. (1) Asset Success Fee. For Portable Assets, Success Fee equals 50% for the first $1,000 of a Winning Bid amount and 25% of Winning Bid amount, if any, over $1,000. (2) Net Proceeds. For each Portables Asset, Owner Net Proceeds equals Winning Bid less Success Fee less PP Costs.
(3) Fuel Surcharge. If quarterly retail diesel prices, as published by the U.S. Energy Information Administration, rise above the level shown in the table below, a fuel surcharge (“Fuel Surcharge”) will be deducted from Owner Net Proceeds for each Portable Manifest picked up at Owner’s location.

Retail Diesel (per gal) Fuel Surcharge
< $ 2.50
$ 2.50 to $ 2.99
$ 3.00 to $ 3.49
$ 3.50 to $ 3.99
$ 0.00
$ 12.40
$ 24.80
$ 37.20*
* Table continues at same rate of $12.40 increments per $0.50 per gal change in Retail Diesel. (4) Shipping Fee. If assets are transported via common carrier and not picked up by Contractor, the shipping fee will be deducted from Owner Net Proceeds.
b. Firearms Auction Service. This service is restricted to Owner firearm assets (“Firearm Assets”) legally available for public sale in the United States. Contractor is compliant with ATF, Title 18, U.S. Code Ch. 44 and NFA (26 U.S.C., Ch. 53), as well as applicable state and local laws. Contractor may work with one or more subcontractors (“Subcontractor”) for storage and processing of Firearm Assets.

Contractor will deliver Firearm Assets disposition services beginning with the collection and transport of Firearm Assets to a Federal Firearms Licensee (“FFL”) holder (“Recipient FFL” or “Partner FFL”).

Subsequently, Contractor and Recipient FFL will store, catalog, image, list for public internet auction, process purchaser payment and ship Firearms Assets to another FFL holder (“Transferee FFL”) that will administer final physical transfer to purchaser (“Buyer”) in compliance with applicable federal, state, and local laws. Owner will pay Contractor a Success Fee as described below. (1) Success Fee. For Firearm Assets, Success Fee equals 50% for the first $1,000 of a Winning Bid amount and 25% of Winning Bid amount, if any, over $1,000. (2) Net Proceeds. For each Firearm Asset, Owner Net Proceeds equals Winning Bid less Success Fee less PP Costs.

Account # __________
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c. In Place Auction Service (“In Place”). Applying to Assets that Owner and Contractor mutually agree to auction in place, Contractor will sell In Place Assets via public internet auction on one or more Contractor selected websites using descriptions and digital images supplied by Owner. Owner will maintain physical control of In Place Assets and transfer possession to Buyers after sale. Owner will pay Contractor a Success Fee as described below.
(1) Success Fee. For each In Place Asset, Success Fee equals 2.5% of Winning Bid. (2) Net Proceeds. For each In Place Asset sold at auction, Winning Bid less Success Fee less PP Costs equals Owner Net Proceeds.
d. Haul Away Auction Service (“Haul Away”). Applying to fleet vehicles and equipment, Contractor will tow Assets to, or take delivery at, Yards. Contractor will store, image, describe, list and sell Haul Away Assets via public internet auction on one or more Contractor selected websites. Contractor may work with one or more subcontractors (“Subcontractor”) for storage and processing of Assets at Yards. Owner will pay Contractor a Success Fee as well as other fees as specified below. (1) Success Fee. For each Haul Away Asset, Success Fee equals 12.5% of Winning Bid. (2) Tow & Miscellaneous Fees. Tow and Miscellaneous Service Fees are indicated in fee schedule below that specifies tow processes and related fees for Owner-specific needs (“Tow & Miscellaneous Fee Schedule”). The Tow & Miscellaneous Fee Schedule will distinguish between Assets that can be hauled away on a standard vehicle transporter (such as automobiles and light trucks) from over-sized Assets (e.g., cranes, buses, backhoes).

Haul Away Auction Service – Tow and Miscellaneous Fee Schedule Fee Type Fee Description Rate Description Rate Per Asset Light Tow
Light duty vehicles up to 11,000
GVWR Per vehicle towed
First 30 miles free. $10 for
every 10 miles over the 1st 30
free miles
Medium Tow
Medium duty vehicles 11,001 -
33,000 GVWR and oversized
vehicles such as an F-350 w/ dual
wheels, etc.) Per vehicle towed
Billed at cost by subcontractor
- see standard schedule
Heavy Tow Heavy duty vehicles 33,001+ GVWR Per vehicle towed Billed at cost by subcontractor
- see standard schedule
Re-list / Re-run
Fee for re-listing asset more than
three (3) times due to any type of
owner imposed bidding restriction
Per re-list of asset on 4th or
subsequent attempt $35 / re-list
Storage - light &
medium duty
Storage for assets stored for any
reason other than awaiting auction
Per day over 30 days after
pickup date $3 / day
Storage - heavy
duty
Storage for assets stored for any
reason other than awaiting auction
Per day over 30 days after
pickup date $5 / day
De-identification De-identifying assets
Charged in 15 minute
increments for the labor to
de-identify $20 / quarter hour
Decal Removal Removal of a decal
Charged in 15 minute
increments for the labor to
perform decal removal
$20 / quarter hour; $45
minimum charge per vehicle
($45 maximum charge per
vehicle for Light Duty Vehicles)
(3) Net Proceeds. For each Haul Away Asset, Winning Bid less the sum of Success Fee, Tow & Miscellaneous Fees, and PP Costs equals Owner Net Proceeds. e. Impound Storage & Auction Service (“Impound”). Applying to citizen vehicles seized and or impounded by Owner, Contractor will receive tows of Impound Assets at tow yard facilities ("Yards"), storing Assets while Owner decides whether to release to a citizen or auction. For release-to-citizen vehicles ("Released Vehicles"), Contractor will process and collect fees from citizens. For auctioned vehicles, Contractor will store, image, describe and sell Impound Assets via public internet auction on one or more Contractor selected websites. Contractor may work with one or more sub-contractors (“Subcontractor”) for storage and processing of Assets at Yards. Owner will pay Contractor a Success Fee as well as other fees as specified below.

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Federal Tax ID: 86-0962102 #111424-PRC Sourcewell Fees & Services Addendum Sourcewell Member # __________ Account # __________
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(1) Success Fee. For each Impound Asset sold at auction, Success Fee equals 12.5% of the Winning Bid.
(2) Tow & Miscellaneous Fees. Tow and Miscellaneous Service Fees are indicated in fee schedule below that specifies tow processes and related fees for Owner-specific needs (“Tow & Miscellaneous Fee Schedule”). The Tow & Miscellaneous Fee Schedule will distinguish between Assets that can be hauled-away on a standard vehicle transporter (such as automobiles and light trucks) from over-sized Assets (e.g., cranes, buses, backhoes).
(3) Storage Fees. Impound storage fees are indicated in the fee schedule below. Owner retains rights to charge citizens higher storage fees for Released Vehicles and Contractor will collect those storage fees along with other citizen fees set by Owner, such as tow charges, administrative charges, court processing fees, etc. ("Citizen Payments"). In the event that Assets are stored for an extended period of time without being released by Owner for auction, Owner agrees to reimburse Contractor for such storage fees in a manner to be mutually agreed upon.

Impound Storage & Auction Service – Tow and Miscellaneous Fee Schedule Fee Type Fee Description Rate Description Rate Per Asset Light Tow
Light duty vehicles up to 11,000
GVWR Per vehicle towed
Billed at cost by subcontractor
- see standard schedule
Medium Tow
Medium duty vehicles 11,001 -
33,000 GVWR and oversized
vehicles such as an F-350 w/ dual
wheels, etc.) Per vehicle towed
Billed at cost by subcontractor
- see standard schedule
Heavy Tow Heavy duty vehicles 33,001+ GVWR Per vehicle towed Billed at cost by subcontractor
- see standard schedule
Re-list / Re-run
Fee for re-listing asset more than
three (3) times due to any type of
owner imposed bidding restriction
Per re-list of asset on 4th or
subsequent attempt $35 / re-list
Owner Storage
Fees
Daily storage for assets stored and
awaiting auction Per day $8 / day
Citizen Storage
Fees Daily storage for release vehicles Per day $15 / day De-identification De-identifying assets
Charged in 15 minute
increments for the labor to
de-identify $20 / quarter hour
Decal Removal Removal of a decal
Charged in 15 minute
increments for the labor to
perform decal removal
$20 / quarter hour; $45
minimum charge per vehicle
($45 maximum charge per
vehicle for Light Duty Vehicles)
(4) Net Proceeds. For each Impound Asset, the sum of Winning Bid and Citizen Payments less the sum of Success Fee, Tow & Miscellaneous Fees, Owner/Citizen Storage Fees and PP Costs equals Owner Net Proceeds.

4. Modifications. Contractor may, from time to time, modify Standard Fees & Services. To effect a fee change, Contractor will provide Owner advance written notice which will include an update to this Addendum.

OWNER CONTRACTOR
Signature Signature
Name Name
Title Title
Date Date
Aaron Thompson
CEO
PropertyRoom.com
Federal Tax ID: 86-0962102 #111424-PRC Sourcewell Fees & Services Addendum Sourcewell Member # __________ Account # __________
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Agenda Staff Report
TO: Mayor Amabile & City Council Members
FROM: Eddie Drum, Police Commander
DATE: August 19, 2026
TYPE OF REPORT: Consent Agenda
SUBJECT: Procurement of Seven (7) Motorola APX 8000 Portable Radios. ______________________________________________________________________ Recommendation:

That the City Council approve the purchase of seven (7) Motorola APX 8000 portable radios, including microphones, chargers, software, and related accessories, for the Los Banos Police Department in the amount of $60,000.00.

Discussion:

The Los Banos Police Department is requesting authorization for the City Manager to purchase seven (7) Motorola APX 8000 portable radios, including associated microphones, chargers, software, and related accessories, to support the Department’s continued staffing growth and operational needs.

Public safety radio systems are specialized technology equipment that are critical to daily law enforcement operations, officer safety, emergency response, and interoperability with surrounding public safety agencies. The Motorola APX 8000 platform is currently utilized by the Department and provides compatibility with existing Department communications infrastructure, ensuring consistent operation, training, maintenance, and support.

The Department received City Council approval in January 2025 to purchase Motorola APX 8000 radios as part of the Department’s ongoing equipment needs. The additional seven (7) radios are necessary to ensure the Department has sufficient equipment as 127
ITEM 7L
staffing levels increase and to provide newly assigned personnel with standardized communication equipment.

Funding for this purchase was approved by the City Council as part of the Fiscal Year 2026-2027 Capital Improvement Program (CIP) budget. The total purchase amount, including radios, microphones, chargers, software, and related accessories, in the amount of $60,000.00.

Procurement:

The purchase qualifies as specialized technology equipment pursuant to Municipal Code Sections 3-10.230(a)(1) and 3-10.230(a)(2). This equipment must be compatible with existing equipment and an inventory of existing replacement parts kept by the City.

Expenditures:

Computer Equipment: 101-421-290-770 $30,000.00
Computer Equipment: 236-421-100-770 $30,000.00
Total: $59,636.76
The corresponding account numbers are as follows:

Fiscal Impact:

The recommended action has no additional fiscal impact, as funding is already provided through existing appropriations in the Fiscal Year 2026-27 Budget.

Reviewed by:

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

Resolution
128
RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS APPROVING THE
PURCHASE OF SEVEN (7) MOTOROLA APX 8000

PORTABLE RADIOS AND ASSOCIATED

EQUIPMENT FOR THE LOS BANOS POLICE

DEPARTMENT
WHEREAS, the Los Banos Police Department requires reliable and specialized communication equipment to support daily law enforcement operations, officer safety, emergency response, and interoperability with surrounding public safety agencies; and WHEREAS, the City Council approved funding for the purchase of Motorola APX 8000 portable radios as part of the Fiscal Year 2026-2027 Capital Improvement Program (CIP); and
WHEREAS, the Police Department utilizes the Motorola APX 8000 portable radio platform as its standard public safety radio system, providing compatibility with existing Department communications infrastructure, training, maintenance, programming, and support; and
WHEREAS, Municipal Code Sections 3-10.230(a)(1) and 3-10.230(a)(2) provide authority for the procurement of specialized technology equipment and related services necessary to meet the City's operational requirements.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby authorize the City Manager to execute the purchase of seven (7) Motorola APX 8000 portable radios with Motorola Solutions. The budget account numbers are as follows:

Expenditures:

Computer Equipment: 101-421-290-770 $30,000.00
Computer Equipment: 236-421-100-770 $30,000.00
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 19th day of 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:
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APPROVED:

________________________
Michael S. Amabile, Mayor
ATTEST:
___________________________
Lucille L. Mallonee, City Clerk
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Agenda Staff Report
TO: Mayor Amabile & City Council Members
FROM: Eddie Drum, Police Commander
DATE: August 19, 2026
TYPE OF REPORT: Consent Agenda
SUBJECT: Procurement of Fifty-One HUXWRX FLOW 556K Rifle Suppressors. ______________________________________________________________________ Recommendation:

That the City Council approves the purchase of fifty-one (51) HUXWRX FLOW 556K rifle suppressors with compatible attachments for the Los Banos Police Department in the amount of $49,805.33.

Discussion:

The Los Banos Police Department is requesting authorization for the City Manager to purchase fifty-one (51) HUXWRX FLOW 556K rifle suppressors for Department-issued patrol rifles. These suppressors are specialized public safety equipment designed to enhance community and officer safety, mitigate potential hearing loss, improve firearm performance, and standardize equipment issued throughout the Department.

Funding for this purchase was approved by the City Council as part of the Fiscal Year 2026-2027 Capital Improvement Program (CIP) budget. The Department conducted an evaluation of available suppressor systems and determined the HUXWRX FLOW 556K best meets the operational needs of the Police Department.

Procurement:

Pursuant to the City's purchasing policies governing method of procurment, the Los Banos Police Department requests authorization to purchase fifty-one (51) HUXWRX 131
ITEM 7M
FLOW 556K rifle suppressors and associated mounting hardware under Section 3-

10.230 (c) of the City Municipal Code.

Following an evaluation of available suppressor platforms, the Department determined that the HUXWRX FLOW 556K uniquely meets the operational, safety, compatibility, and training requirements of the Department. Standardization of patrol rifle accessories is necessary to ensure consistent officer training, equipment interoperability, maintenance support, and risk management. The Department further determined that alternative suppressor systems would not provide the same combination of performance characteristics, compatibility, and operational benefits required for Department-issued patrol rifles.

Accordingly, staff finds that this purchase constitutes a sole-source acquisition of specialized public safety equipment following Section 3-10.230 (c) of the City Municipal Code.

Expenditures:

Specialized Equipment: 100-421-140-753 $16,805.33
Specialized Equipment: 101-421-290-753 $13,000.00
Specialized Equipment: 236-421-100-753 $20,000.00
Total: $49,805.33
The corresponding account numbers are as follows:

Fiscal Impact:

The recommended action has no additional fiscal impact, as funding is already provided through existing appropriations in the Fiscal Year 2026-27 Budget.

Reviewed by:

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

Resolution
132
RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS APPROVING THE
PURCHASE OF FIFTY-ONE (51) HUXWRX FLOW
556K RIFLE SUPPRESSORS FOR THE LOS

BANOS POLICE DEPARTMENT
WHEREAS, the Los Banos Police Department requires specialized public safety equipment to support law enforcement operations, enhance officer safety, and ensure reliable performance of Department-issued patrol rifles; and WHEREAS, the City Council approved funding for the purchase of rifle suppressors as part of the Fiscal Year 2026-2027 Capital Improvement Program (CIP); and
WHEREAS, the Police Department evaluated multiple suppressor systems and determined the HUXWRX FLOW 556K rifle suppressor with compatible flash hider best meets the Department’s operational needs based on reliability, officer safety, weapon performance, durability, maintenance requirements, and overall value; and WHEREAS, the City Council finds that the HUXWRX FLOW 556K suppressor system possesses unique and specialized characteristics necessary to meet the operational requirements of the Los Banos Police Department and that alternate products would not provide the same combination of functionality, compatibility, and performance; and
WHEREAS, Los Banos Municipal Code Section 3-10.250(C) authorizes solebrand procurement when a particular product or brand is required to meet the City’s operational needs and specifications.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby authorize the City Manager to execute the purchase of fifty-one (51) HUXWRX FLOW 556K suppressors with LC Action. The budget account numbers are as follows:

Expenditures:

Specialized Equipment: 100-421-140-753 $16,805.33
Specialized Equipment: 101-421-290-753 $13,000.00
Specialized Equipment: 236-421-100-753 $20,000.00
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The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 19th day of 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
134
Agenda Staff Report
TO: Mayor and City Council Members
FROM: Justin Melden, Police Commander
DATE: August 19, 2026
SUBJECT: School Resource Officer (SRO) Memorandum of Understanding (MOU) With the Los Banos Unified School District (LBUSD)
TYPE OF REPORT: Consent Agenda
______________________________________________________________________ Recommendation:

That the City Council approve and authorize the signing of a Memorandum of Understanding between the City of Los Banos and the Los Banos Unified School District for School Resource Officer services.

Discussion:

The Los Banos Unified School District has partnered with the Police Department for a number of years to provide School Resource Officers (SRO’s) in our local schools. The current MOU expired on June 30, 2026, and the City and LBUSD wish to extend the existing agreement another three (3) years. The proposed agreement would continue to provide two (2) SRO’s to LBUSD, through an 80/20, funding formula, through the end of the school year, in 2029.

This MOU has been reviewed by the City Attorney.

Fiscal Impact:

The 2026-2029 LBUSD SRO MOU funding allocation breakdown is as follows:

The Districts share of salary and benefits for two (2) SRO’s will be 135
ITEM 7N
approximately: $325,895.00.

The City’s share of salary and benefits will be approximately: $81,474.00 Reviewed by:

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

1. Resolution

2. 2026—2029 LBUSD MOU
136
RESOLUTION NO.

A RESOLUTION OF THE CITY OF LOS BANOS

AUTHORIZING THE CITY MANAGER TO

EXECUTE A MEMORANDUM OF

UNDERSTANDING WITH THE LOS BANOS

UNIFIED SCHOOL DISTRICT FOR SCHOOL
RESOURCE OFFICER SERVICES FOR THE 2026-
2029 SCHOOL YEARS
WHEREAS, the Los Banos Unified School District provides schooling for youth within the geographic boundaries of the City of Los Banos; and WHEREAS, the Los Banos Police Department has, for a number of years, provided two School Resource Officers (SROs) through a Memorandum of Understanding whereby the District reimburses the City for 80% of the Officers' salary and benefits; and
WHEREAS, this agreement allows for the continued placement of two police officers to serve the District and its various school sites.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos authorizes the City Manager to enter into an agreement with Los Banos Unified School District regarding a School Resource Officer agreement for the 2026-2029 school years.

AYES:

NOES:

ABSENT:

APPROVED:

__________________________
Michael S. Amabile, Mayor
ATTEST:
___________________________
Lucille L. Mallonee, City Clerk
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Agenda Staff Report
TO: Mayor Amabile and Council Members
FROM: Mary Lerner, City Attorney
DATE: August 19, 2026
TYPE OF REPORT: Regular Agenda
SUBJECT: Ratification of Employment Agreement for Assistant City Attorney – Robert Lomeli
______________________________________________________________________ Recommendation:

That the City Council approve a Resolution ratifying the Employment Agreement between the City of Los Banos and Robert Lomeli as Employee for the position of Assistant City Attorney.

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 Assistant City Attorney.

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 when the position is held by an employment contract between the City and that person.

Discussion:
153
ITEM 8
The City conducted a comprehensive recruitment and interview process to identify the best-qualified candidate to fill the vacant position for Assistant City Attorney, for which attorney Robert Lomeli, was selected to be the City’s Assistant City Attorney. Attorney Robert Lomeli comes to the city with more than twenty-five years of public sector experience, including eight years focused on municipal law, labor and employment, and public safety legal matters. He has extensive experience providing direct legal counsel to city councils, boards of supervisors, commissions, and executive leadership; including prior service as City Attorney, Assistant City Attorney, and Lead Deputy County Counsel for multiple California jurisdictions. Attorney Robert Lomeli holds a Juris Doctor, Highest Honors, from San Luis Obispo College of Law, a Bachelor of Science in Business Administration from San Jose State University, and has active membership in good standing with the State Bar of California.

As Assistant City Attorney, Robert Lomeli will perform the duties set forth in the position’s job description, including providing comprehensive legal services, litigation oversight, legal document review, and strategic counsel on municipal operations, administrative proceedings, policy development, risk management, and labor negotiations. He will also assist in the administration of the City Attorney’s Office, and act on behalf of the City Attorney when authorized or in the City Attorney’s absence.

The proposed Employment Agreement for the Assistant City Attorney includes compensation with the following key provisions:
• Effective Date: August 24, 2026
• Base Salary: $234,996.00 annually
• Education Incentive Pay: $100 per month for AA/AS; or $175 per month for BA/BS; or $225 per month for MA/MS
• Bilingual Incentive Pay as applicable and in accordance with policy. • CalPERS Retirement – Pension Formula 2% at 62 (unless otherwise assigned by CalPERS according to original membership date.)
• Contributions towards Health, Dental, Vision, Life Insurance, and a Retirement Health Savings Plan (allowance and rate sheet for health and dental/vision insurance attached.)
• Vacation Leave: 120 hours per calendar year accrued at 10 hours per month with a maximum accrual of 240 hours with 24 hours frontloaded. • Sick Leave: 96 hours per calendar year accrued at 8 hours per month with 40 hours frontloaded.
• Administrative Leave: 96 hours per fiscal year prorated for the first year. • Paid Holidays: Entitled to 11 paid holidays as recognized by the City. • Tuition Reimbursement of up to $3,000 per fiscal year when eligible. • Optional participation for Deferred Compensation, Disability insurance plans, and other voluntary benefits.
• A car allowance of $500.00 per month for the first year, with an option for an assigned city vehicle in year two.
154
Staff respectfully recommends that the City Council approve a Resolution ratifying the Employment Agreement between the City of Los Banos and Robert Lomeli as Employee for the position of Assistant City Attorney. Approval of this action would further implement the City Council’s November 2025 direction to establish and appropriately staff an in-house legal department, enhance the City’s capacity to manage legal risk, and safeguard public resources.

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. Agreement
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156
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 ROBERT

LOMELI AS EMPLOYEE FOR THE POSITION OF

ASSISTANT CITY ATTORNEY
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 Assistant City Attorney; 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 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 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 Assistant City Attorney, for which attorney Robert Lomeli, was selected to be the City’s first Assistant City Attorney; and
WHEREAS, Robert Lomeli comes to the City with several years of legal and practical experience; and
WHEREAS, the City desires to employ Robert Lomeli as Assistant City Attorney; and
WHEREAS, Robert Lomeli desires to accept employment as Assistant City Attorney; and
WHEREAS, the parties desire to enter into a written agreement setting forth the terms and conditions of Robert Lomeli’s employment with the City of Los Banos, effective August 24, 2026; and
157
WHEREAS, this approval will ensure the continued growth of the City Attorney Department as directed by the City Council with the initial creation of an in-house legal department in November 2025; and
WHEREAS, the City Attorney has reviewed the Assistant City Attorney 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 Robert Lomeli for the position of Assistant City Attorney 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 Robert Lomeli to serve as the first Assistant City Attorney 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 19th 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
158
1 CITY OF LOS BANOS

EMPLOYMENT AGREEMENT

ASSISTANT CITY ATTORNEY
This Employment Agreement (“Agreement”) is made and entered into as of August 24, 2026 by and between the City of Los Banos, a California municipal corporation, (hereinafter the “City”), and Robert Lomeli, (hereinafter the “Assistant City Attorney” or “Employee”).

RECITALS
A. The City requires the services of an Assistant City Attorney and the City conducted a comprehensive recruitment and screening process to identify the best-qualified candidate to fill the position.

B. Pursuant to 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 employees of the City.

C. 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 Assistant City Attorney, and has determined that the Employee has the necessary education, experience, knowledge, skills, abilities, and expertise to serve in that capacity.

D. The City Manager desires to employ Employee as the Assistant City Attorney and Employee desires to accept employment as the Assistant City Attorney.

E. The parties desire to enter into a written agreement setting forth the terms and conditions of Employee’s employment as Assistant City Attorney

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 Assistant City Attorney 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 Assistant City Attorney of the City of Los Banos. Employee accepts such appointment and employment pursuant to the terms of this Agreement.

2. Term of Employment.

This Agreement shall become effective as of the date this Agreement is approved by the City 159
2 Council and continue until terminated as provided for in this Agreement.

3. Salary and Benefits.
(a) City agrees to pay Employee an annual base salary of $234,996.00 ($19,583.00 per month) payable in installments at the same time and in the same manner that other City employees are paid (bi-monthly) and subject to customary withholding. This salary shall be effective as of August 24, 2026.
(b) Subject to the employee’s annual performance evaluation (in accordance with Section 6 herein), the City Attorney may grant 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 Employees. (e) Except as otherwise provided in this Agreement, Employee shall be entitled to receive all benefits as they now exist or may hereinafter be provided to other Management employees of the City as set forth in the Los Banos Personnel Policy Manual and in the Summary of Compensation for the City of Los Banos Unrepresented Employee Group, 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 Insurance Benefit - 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 eight point twenty-five percent (8.25%) and the City will pay eight point twenty-four (8.24%) of Employee’s reportable wages to the California Public Employees’ Retirement System (CalPERS) for the Miscellaneous PEPRA 2% at age 62 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).
(h) Retirement Health Savings Plan. When eligible, Employee will be enrolled in City’s Retirement Health Savings Plan. Once enrolled in the plan, Employee must contribute $75 per month 160
3 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 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. In addition, Employee will be credited with 40 hours of sick leave at the start of employment. (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. In addition, employee will be credited with 24 hours of vacation leave at the start of employment. (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/Doctorate
(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) 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). (q) State Disability Insurance: The City participates in the State Disability Insurance (SDI) 161
4 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). (r 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.
(s) Professional Development: City desires to encourage Employee’s continuing professional development and agrees to budget and pay for pre-approved professional dues and subscriptions, all Minimum Continuing Legal Education (MCLE) requirements, and travel and subsistence expenses for such conferences, seminars, courses, institutes, and meetings that the City Attorney deems reasonable and desirable for Employee’s professional development and for the good of the City. Annual professional organizational dues including but not limited to the State Bar of California, state and local chapters of CalCities, and County Bar Association (or local City Attorney equivalent if available) are pre-approved.
(t) Cell Phone. Employee shall receive a cell phone allowance of $100.00 per month or, in the alternative, at the option of the Employee, the City will provide Employee with a City issued cell phone.
(u) City Vehicle: During the first year of employment, Employee shall be provided an automobile allowance of $500.00 per month. Following the first year of employment and during the remainder of employment, at the option of the Employee, the City will provide Employee with a City owned vehicle.

4. Duties.
(a) Employee shall serve as Assistant City Attorney and perform those duties and have those responsibilities that are commonly assigned to an Assistant City Attorney of a city in California.

The duties and responsibilities of the Assistant City Attorney shall include the duties and responsibilities that are set forth in job description asstated on “Exhibit A”, and such other duties and responsibilities as the City Attorney may reasonably assign to the Assistant City Attorney. (b) Employee shall devote all necessary time and effort to fulfill the obligations of the Assistant City Attorney’s position. The City and Employee acknowledge that Employee isreasonably expected to be available but does not have regularly set hours of work and may be occasionally absent from City Hall during normal business hours as is reasonable and appropriate. Employee’s work schedule will vary in accordance to the work required to be performed.

Employee shall be permitted to work remotely at his discretion, provided Employee shall keep the City Attorney and/or appropriate support staff aware of the specific days Employee is working remotely.

5. Outside Employment.

Employee shall devote all of histime, energy and efforts to the City, and shall accept no outside employment, but the foregoing shall not limit Employee in teaching, writing, lecturing, or consulting, 162
5 but only to the extent that such activities do not interfere with his duties as set forth in this Agreement.

6. Performance Evaluation.

The City Attorney 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
The parties expressly agree that the position of Assistant Attorney is an “at-will” employee, and that the Assistant City Attorney serves at the will and pleasure of the City Manager as recommended by the City Attorney and that 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 he is not entitled to due process for any disciplinary action under the City’s personnel policies and rules, including termination. (b) Employee may resign and terminate this agreement at any time upon providing thirty (30) days written notice to the City.
(c) The City Manager and Employee may terminate this agreement by mutual written agreement.
(d) In the event this Agreement is terminated by the City Manager, while Employee is still willing and able to perform the duties of Assistant City Attorney, employee shall be entitled to three (3) months’ severance pay defined as base salary plus costs of health, dental, vision and life insurance plans. No time served by the Employee after notice of the termination shall be debited from the period of severance pay. However, in the event the Employee is terminated for cause, the Employee shall be entitled to only the compensation earned and accrued and such other termination benefits and payments as may be required by law and shall not be entitled to any severance benefits.

The payment of severance compensation pursuant to this paragraph shall be in a lump sum, less applicable payroll deductions. Employee shall also receive continuing health insurance plan coverage including dental and vision for the duration of the severance months from the effective date of termination. Pursuant to Government Code Section 53261, the continuing eligibility of Employee and his dependents for health insurance plan coverage shall terminate should Employee obtain other employment.

The severance rights provided 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 contingent on the execution, deliver, and non-revocation of a General Release Agreement by Employee.

It is the intention of the parties that this section complies with the requirements of Government 163
6 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, Employee 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 normal working hours;
(viii) intentionally engaging in an actual conflict of interest; (ix) commission of acts of theft, embezzlement, or fraud; (x) acceptance of bribes or extortion;
(xi) material breach of this Agreement by Employee.

If this Agreement is terminated by the City Manager “for cause,” Employee’s employment will be deemed immediately terminated and Employee will surrender all City keys, computer passwords, 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 or his/her designee.

Employee shall keep all information acquired through his position in the strictest confidence.

8. 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 164
7 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.

9. Notices

Any notice to be given hereunder by either party to the other in writing may be effected either by personal delivery or by mail. Mailed notices shall be addressed to the address of the parties to be notified which appears below, but each party may change its address by written notice given in accordance with this paragraph. Notices delivered personally will be deemed communicated as of actual receipt. Mailed notices will be deemed communicated and received as of five (5) calendar days following the date of mailing of the notice.

CITY: City of Los Banos
Attn: City Clerk
520 J Street
Los Banos, CA 93635
EMPLOYEE: Robert Lomeli
* Address on file with Human Resources

10. 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.

11. Modifications
Any modifications to this Agreement shall be effective only if in writing and signed by both the parties hereto.

12. 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.

13. 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.
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8 14. 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.

15. 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.

16. 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.

17. 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.

Date: EMPLOYEE

________________________
Robert Lomeli
CITY
Dated: ____________________________________
Soknirorn Than, City Manager
ATTEST:
_______________________________
Lucille L. Mallonee, City Clerk
APPROVED AS TO FORM:
__________________________
Mary F. Lerner, City Attorney
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Agenda Staff Report
TO: Mayor Amabile & City Council Members
FROM: William Via, Jr., Public Works Director
DATE: August 19, 2026
TYPE OF REPORT: Agenda Item
SUBJECT: Memorandum of Understanding for preconstruction services for Fire Station No. 4 and Emergency Operations Center Project
_____________________________________________________________________ Recommendation:

Adopt a Resolution approving a Memorandum of Understanding (MOU) between the City of Los Banos and Quiring General, LLC, on behalf of the Design-Build Entity (Quiring General, LLC/RRM Design Group), for preconstruction services associated with the Fire Station No. 4 and Emergency Operations Center Project in the amount of $283,125 and authorize the City Manager to execute the agreement.

Background:

The City is advancing the development of Fire Station No. 4 and Emergency Operations Center (EOC) to address current and future public safety service demands. Following a competitive Design-Build procurement process, the City issued a Notice of Intent to Award on June 25, 2026, identifying Quiring General, LLC and RRM Design Group as the selected Design-Build Entity, subject to successful contract negotiations.

During the evaluation of the Bridging Documents dated April 1, 2026, it became apparent that the anticipated project scope may exceed the City's currently established DesignBuild Contract Amount of $13,000,000. Before entering into a final Design-Build Agreement, additional preconstruction services are needed to evaluate the project scope, 173
ITEM 9
confirm operational requirements, develop schematic-level design documents, and establish a project scope that can be delivered within the available budget.

The proposed MOU authorizes the Design-Build Entity to provide these preconstruction services during a defined negotiation period and establishes the responsibilities of both parties while a mutually acceptable project scope, budget, and contract amount are developed.

Discussion:

The proposed MOU provides a structured process for the City and Design-Build Entity to collaboratively advance the project to a level of completion sufficient to establish a guaranteed project scope and proposed Design-Build Stipulated Sum.

Major services to be performed include:
• Review and evaluation of the existing Bridging Documents. • Meetings with City staff, Fire Department personnel, and project stakeholders to confirm operational and functional requirements.
• Facility benchmarking visits to comparable fire stations and emergency operations centers.
• Development of schematic design documents, including site plans, floor plans, elevations, building sections, and preliminary building systems layouts. • Preparation of Basis of Design narratives for major building systems. • Progressive cost estimating at the Bridging Document, 50% Schematic Design, and 100% Schematic Design milestones.
• Development of a preliminary project schedule.
• Preparation of recommendations for scope refinements needed to align the project with the City's budget objectives.

At the conclusion of the preconstruction effort, the Design-Build Entity will provide a completed schematic design package, basis of design narratives, final construction cost estimate, preliminary schedule, and a proposed Stipulated Sum for design and construction of the project. These deliverables will form the basis for negotiating and executing a final Design-Build Agreement.

The MOU term is 110 calendar days and may be extended by mutual written agreement.

Either party may terminate negotiations if a mutually acceptable agreement cannot be reached. In such event, the City will compensate the Design-Build Entity for services completed through the date of termination.

Fiscal Impact:
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The proposed MOU authorizes a lump-sum fee of $283,125 for preconstruction services, which is currently budgeted in Emergency Operations Center Capital Fund (Line item 322-422-100-720) The fee includes all labor, consultant services, estimating, meetings, travel, coordination, facility visits, and required deliverables associated with completing the authorized scope of work.

Environmental Review:

Approval of the proposed MOU is not a commitment to construct the project and constitutes a planning and feasibility activity. Environmental review for the project will be addressed in accordance with the California Environmental Quality Act (CEQA) as part of project development and prior to approval of any final construction activities, as required.

Reviewed by:
_______________________ ___________________________
Soknirorn Than, City Manager Minerva Moreno, Finance Director Attachments:

1. Resolution

2. Memorandum of Understanding
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RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF LOS BANOS APPROVING A

MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF LOS BANOS AND

QUIRING GENERAL, LLC AND AUTHORIZING

THE CITY MANAGER TO EXECUTE THE

AGREEMENT
WHEREAS, the City of Los Banos is pursuing the development of Fire Station No. 4 and an Emergency Operations Center to meet current and future public safety and emergency response needs; and
WHEREAS, on June 25, 2026, the City issued a Notice of Intent to Award identifying Quiring General, LLC and RRM Design Group as the selected Design-Build Entity for the Fire Station No. 4 and Emergency Operations Center Project, subject to successful contract negotiations; and
WHEREAS, the City established a Design-Build Contract Amount of $13,000,000 for the Project; and
WHEREAS, the Bridging Documents dated April 1, 2026, are currently anticipated to exceed the City's available Design-Build Contract Amount and require additional evaluation and refinement before a final Design-Build Agreement can be negotiated; and WHEREAS, the proposed Memorandum of Understanding authorizes preconstruction services necessary to review project requirements, validate operational needs, prepare schematic design documents, develop cost estimates, establish a preliminary project schedule, and identify opportunities to align the Project scope with the City's budget objectives; and
WHEREAS, the Design-Build Entity will provide progressive cost estimating and schematic design services culminating in a proposed Stipulated Sum for the design and construction of the Project; and
WHEREAS, the Memorandum of Understanding provides for compensation in the amount of Two Hundred Eighty-Three Thousand One Hundred Twenty-Five Dollars ($283,125), inclusive of all labor, consultant services, meetings, travel, coordination, facility visits, estimating, and required deliverables; and WHEREAS, the City Council finds that approval of the Memorandum of Understanding is in the best interest of the City and will facilitate development of a project that meets the City's operational requirements while remaining within available budget parameters; and
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WHEREAS, the City Attorney has reviewed and approved this agreement as to form.

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

1. Approve the Memorandum of Understanding between the City of Los Banos and Quiring General, LLC, on behalf of the Design-Build Entity (Quiring General, LLC/RRM Design Group), for preconstruction services related to the Fire Station No. 4 and Emergency Operations Center Project in the amount of $283,125.00; and

2. Authorizes the City Manager to execute the Memorandum of Understanding and any related documents necessary to implement the agreement.

AYES:

NOES:

ABSENT:

APPROVED:
__________________________
Michael S. Amabile, Mayor
ATTEST:
___________________________
Lucille L. Mallonee, City Clerk
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MEMORANDUM OF UNDERSTANDING
Preconstruction Services
Fire Station No. 4 and Emergency Operations Center
City of Los Banos, California

1. Purpose
On June 25, 2026, the City of Los Banos issued a Notice of Intent to Award identifying Quiring General, LLC and RRM Design Group as the selected Design-Build Entity for the Fire Station No. 4 and Emergency Operations Center Project, subject to successful contract negotiations.

The parties recognize that the Bridging Document Set dated April 1, 2026, is currently anticipated to exceed the City's available Design-Build Contract Amount of $13,000,000. Before establishing a final contract amount, additional preconstruction services are necessary to evaluate the Bridging Documents, confirm the City's operational requirements, refine the project scope where appropriate, and develop a design that can be delivered within the available budget.

This Memorandum of Understanding ("MOU") establishes the scope of those services and the responsibilities of each party during the negotiation period. The goal of this effort is to develop a project that satisfies the City's operational requirements while remaining within the established Design-Build Contract Amount and to establish a mutually agreed upon Stipulated Sum for the Design-Build Agreement.

2. Scope of Services
During the negotiation period, the Design-Build Entity will work collaboratively with the City to develop a project that satisfies the operational goals established in the Bridging Documents while aligning with the City's Design-Build Contract Amount.

A. Project Review
The Design-Build Entity shall:
• Review the April 1, 2026 Bridging Documents.
• Meet with City staff, Fire Department personnel, and project stakeholders to confirm project goals, operational priorities, and functional requirements. • Evaluate opportunities to reconcile the project scope with the City's Design-Build Contract Amount while maintaining the City's operational objectives. • Conduct project meetings necessary to support the contract negotiation process.

B. Facility Benchmarking
Coordinate and participate in visits to comparable Fire Stations and Emergency Operations Centers with City representatives to evaluate operational layouts, building systems, equipment, and best practices that may benefit the Project. 179
C. Schematic Design
Prepare Schematic Design documents sufficient to define the project scope and support cost estimating, including:
• Site Plan
• Floor Plans
• Building Elevations
• Major Building Sections
• Preliminary Structural Systems
• Preliminary Mechanical, Electrical and Plumbing layouts • Geotechnical Investigation
D. Basis of Design
Prepare Basis of Design narratives describing the proposed design approach for the project's principal building systems, including:
• Mechanical Systems
• Electrical Systems
• Plumbing Systems
• Fire Sprinkler Systems
• Fire Alarm Systems
• Communications and Low Voltage Systems
• Emergency Operations Center Technology Systems
E. Cost Management
The Design-Build Entity shall prepare progressive construction cost estimates throughout the negotiation period to evaluate the project against the City's $13,000,000 Design-Build Contract Amount.

The estimating process shall include, at a minimum, the following milestones:
a. Bridging Document Estimate
Prepare a construction cost estimate based upon the April 1, 2026 Bridging Document Set issued with the Request for Proposals. This estimate will establish the initial variance between the Bridging Documents and the City's Design-Build Contract Amount. b. 50 Percent Schematic Design Estimate
Prepare an updated construction cost estimate reflecting the design refinements developed through the first half of the Schematic Design effort. The estimate will identify remaining cost variances and recommend scope refinements, if necessary. 180
c. 100 Percent Schematic Design Estimate
Prepare a final construction cost estimate based upon the completed Schematic Design documents and Basis of Design narratives. This estimate will confirm the project's alignment with the City's Design-Build Contract Amount and will serve as the basis for the Design-Build Entity's proposed Stipulated Sum.

Each estimate will be reviewed jointly with the City to evaluate project costs, identify cost drivers, review alternatives, and confirm that the project remains aligned with the City's budget objectives.

Upon completion of the Schematic Design effort, the Design-Build Entity shall submit a proposed Stipulated Sum for the design and construction of the Project based upon the final reconciled scope.

F. Preliminary Project Schedule
Prepare a preliminary project schedule identifying major design, permitting, procurement, and construction milestones.

3. Deliverables
At the completion of the services described in this Memorandum, the Design-Build Entity shall provide:
• Bridging Document Construction Cost Estimate
• 50 Percent Schematic Design Construction Cost Estimate • 100 Percent Schematic Design Construction Cost Estimate • Schematic Design Package
• Basis of Design Narratives
• Preliminary Project Schedule
• Recommendations for scope refinements, if required
• Proposed Stipulated Sum for the Design and Construction of the Project

4. City Responsibilities
The success of this effort depends upon timely participation by the City. The City agrees to:
• Provide timely access to City staff, Fire Department personnel, and user representatives. • Designate decision-makers with authority to review and provide direction. • Provide available project information requested by the Design-Build Entity. • Review interim design documents and cost estimates in a timely manner. • Participate in project meetings necessary to support completion of the services within the agreed schedule.

5. Compensation
The City shall compensate the Design-Build Entity a lump sum fee of $283,125.00 for the services described in this Memorandum.
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The fee includes all labor, consultant services, estimating, meetings, travel, coordination, facility visits, and deliverables necessary to complete the authorized services.

Invoices shall be submitted monthly based upon the percentage of services completed and shall be payable in accordance with the City's standard payment procedures.

6. Completion of Negotiations
The services described in this Memorandum are intended solely to support negotiation of the Design-Build Agreement.

At the completion of the authorized services, the Design-Build Entity shall submit:
• Completed Schematic Design Package
• Basis of Design Narratives
• Final Construction Cost Estimate
• Proposed Stipulated Sum
• Draft Design-Build Agreement exhibits, if requested by the City If agreement is reached regarding the project scope, Design-Build Contract Amount, schedule, and contract terms, the parties intend to execute the Design-Build Agreement.

If the parties are unable to reach agreement, either party may terminate negotiations upon written notice. In such event, the City shall compensate the Design-Build Entity for services performed through the effective date of termination, and neither party shall have any further obligation except as expressly provided herein.

7. Term
This Memorandum shall become effective upon execution by both parties and shall remain in effect for one hundred ten (110) calendar days, unless extended by mutual written agreement or terminated earlier by:
• Execution of the Design-Build Agreement;
• Written termination by either party; or
• Mutual written agreement of the parties.

8. General
Nothing contained in this Memorandum obligates either party to execute a Design-Build Agreement.

The purpose of this Memorandum is to authorize limited preconstruction services necessary to support the contract negotiation process and the development of a mutually agreed upon Stipulated Sum for the Project.

The parties agree to work collaboratively and in good faith toward development of a project that satisfies the City's operational requirements and can be delivered within the City's established $13,000,000 Design-Build Contract Amount.
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ACCEPTANCE
The undersigned represent that they are authorized to execute this Memorandum of Understanding on behalf of their respective organizations and agree to the terms and conditions set forth herein.

CITY OF LOS BANOS
By: _______________________________________
Soknirorn Than
City Manager
Date: _____________________________________

QUIRING GENERAL, LLC
On behalf of the Design-Build Entity (Quiring General, LLC / RRM Design Group) By: _______________________________________
Jim Kennedy
Project Executive
Date: _____________________________________
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Agenda Staff Report
TO: Mayor and City Council Members
FROM: William Via, Public Works Director
DATE: August 19, 2026
TYPE OF REPORT: Agenda Item
SUBJECT: Memorandum of Understanding between Merced County and City of Los Banos for Pavement of Pioneer Road Improvements
_____________________________________________________________________ Recommendation:

That the City Council adopts the Resolution to approve the Memorandum of Understanding (MOU) between Merced County (County) and City of Los Banos (City) for the pavement of the westernmost portion of Pioneer Road located within the City Limits and authorizes the City Manager to execute said agreement.

Background:

Merced County Public Works Department is completing a repaving project on Pioneer Road located within the county and west of the City Limits. The County project limits start at Volta Road and end at the City Limits, which leaves a portion of Pioneer Road, from the City Limits to the limits of the recently completed Pioneer/Ortigalita Intersection Improvement Project (approximately 2,750 linear feet), unimproved. Los Banos Public Works was notified of this project and reached out to the County to determine if it were possible to extend the limits of their project to capture the remaining portion of Pioneer Road, with a Memorandum of Understanding to reimburse the County for the costs of that repaving.

Discussion:

Since the County’s contractor will already be mobilized and completing similar work, there is an opportunity to partner and pave the remaining portion of Pioneer Road in a cost185 ITEM 10
efficient manner, through an economy of scale, by having the County contractor continue the paving into the City Limits.

The County of Merced and the City of Los Banos Public Works Departments have developed a Memorandum of Understanding to allow for reimbursement to the County for the cost of the County’s contractor performing the repaving as part of the ongoing roadway project.

The Memorandum of Understanding Agreement for the proposed reimbursement by the City of Los Banos to the County of Merced is in the amount of $250,000.

The City Attorney has reviewed and approved this agreement as to form.

Fiscal Impact:

The estimated cost of the Pioneer Road Repaving Project is $250,000. The City will reimburse the County for 100% of the project cost associated with the City’s portion of Pioneer Road. There are sufficient funds appropriated for pavement improvements in Fund 214 Measure V (line item 214-430-210-715). A budget amendment is not required to fund this project.

Reviewed by:
______________________________ ______________________________ Soknirorn Than, City Manager Minerva Moreno, Finance Director Attachments:

1. Resolution

2. MOU

3. Site Map
186
RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF LOS BANOS APPROVING A

MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF LOS BANOS AND

THE COUNTY OF MERCED FOR REPAVING

OF PIONEER ROAD AND AUTHORIZING THE

CITY MANAGER TO EXECUTE SAID

AGREEMENT
WHEREAS, the County of Merced is currently constructing roadway improvements on Pioneer Road; and
WHEREAS, portions of Pioneer Road that lie within the City Limits are in need of repaving and are adjacent to the County project area; and WHEREAS, the County Public Works Department is agreeable to having their contractor expand the paving project to include the City’s portion of Pioneer Road; and WHEREAS, performing these improvements concurrently with the County’s repaving project provides an opportunity to complete the work at a reduced cost through economy of scale; and
WHEREAS, the City of Los Banos and the County of Merced have developed a Memorandum of Understanding allowing the County to pave the City’s portion of Pioneer Road as part of their repaving project; and
WHEREAS, under the terms of the Memorandum of Understanding, the City of Los Banos will reimburse the County of Merced for the cost of pavement improvements, estimated at Two-hundred and Fifty Thousand Dollars ($250,000); and WHEREAS, the Memorandum of Understanding establishes the responsibilities of each party, including project construction by the County and reimbursement by the City; and
WHEREAS, the City Attorney has reviewed and approved this agreement as to form.

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

1. Approve the Memorandum of Understanding between the City of Los Banos and the County of Merced for Pioneer Road Pavement Improvements; and 187

2. The City Manager is hereby authorized to execute the Memorandum of Understanding and any related documents necessary to implement the agreement.

AYES:

NOES:

ABSENT:

APPROVED:
__________________________
Michael S. Amabile, Mayor
ATTEST:
___________________________
Lucille L. Mallonee, City Clerk
188

MEMORANDUM OF UNDERSTANDING

BETWEEN THE COUNTY OF MERCED

AND THE CITY OF LOS BANOS

FOR THE ROAD IMPROVEMENTS OF PIONEER ROAD

WITHIN LOS BANOS CITY LIMITS
CONTRACT NO. 300-XXXX
This Memorandum of Understanding (“MOU” or “Agreement”) is made and entered into by and between the County of Merced, a political subdivision of the State of California, its successors and assigns, through its Board of Supervisors (hereinafter “County”), and the City of Los Banos (hereinafter “City”), together named hereinafter the “Parties”, to perform road improvements to the westernmost 2,750 linear feet of Pioneer Road located within the City Limits (hereinafter “Project”).

WHEREAS, the County is performing paving and other road improvements to County maintained roads near the City Limits of Los Banos; and
WHEREAS, improvements are needed to a portion of Pioneer Road located within the city limits and maintained by the City of Los Banos (as shown on Exhibit A); and WHEREAS, there exists an opportunity to complete the Project at a reduced cost due to economies of scale with the County’s project as opposed to the City performing a stand-alone project; and WHEREAS, the County has estimated the Project costs for the portion within the City limits to be $250,000; and,
WHEREAS, the County will schedule the Project to be performed in conjunction with the road improvements to portions of Pioneer Road within County jurisdiction.

NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, the Parties hereto do hereby agree as follows:
1) Project. The Parties have acknowledged the County will perform the Project, and the City will reimburse the County for the actual costs incurred to perform the Project, up to a maximum not-to-exceed amount of $250,000. Any costs exceeding this amount shall require prior written approval from the City. The Parties mutually agree to cooperate in order to help ensure that the Project is successfully completed with minimum impact to both Parties, and the public. 2) Term. This Agreement shall take effect on July 24, 2026 (“Effective Date”) and shall remain in effect until the completion of the Project and final payment and reimbursement by City to County as required herein, or until December 31, 2026, whichever occurs first, unless earlier terminated as provided in this section.
3) Termination. Either Party may terminate this Agreement for convenience, without cause, at any time by giving at least thirty (30) calendar days prior written Notice to the other Party pursuant to the Notices section of this Agreement. In the event of a termination for convenience by either Party, City shall remain obligated to reimburse County for all actual, reasonable Project costs incurred by County, as well as any non-cancelable obligations or commitments entered into by County for the Project, prior to the effective date of termination, 189
up to the maximum amount set forth herein.

In addition, either Party may terminate this Agreement for cause if the other Party fails to perform any material duty, covenant, or condition required under this Agreement. The nonbreaching Party shall deliver written Notice specifying the nature of the default. If the breaching Party fails to cure the default within thirty (30) calendar days after receipt of such Notice, the non-breaching Party may terminate this Agreement immediately upon written Notice.
4) Condition Subsequent to Non-Appropriation of Funding. The obligations of the Parties under this Agreement are contingent upon the continued appropriation and allocation of funds by their respective governing bodies. If either Party's governing body fails to appropriate necessary funds for this Project in any subsequent fiscal budget, that Party shall immediately notify the other Party in writing. Under such circumstances, this Agreement may be terminated by either Party without penalty, provided that City shall remain liable for all actual, necessary, and non-cancelable costs incurred by County for the City's portion of the Project prior to the date of written notice.
5) Right-of-Way Access and Permits. City hereby grants to County, its employees, agents, and contractors, a no-fee right-of-entry and temporary license to enter upon City right-of-way along Pioneer Road as necessary to perform design, engineering, inspection, and construction activities for the Project. City shall issue to County or County’s contractor, upon application, no-fee encroachment permits authorizing work within City’s public right-of-way, subject to standard traffic control and safety conditions and evidence of insurance required under this Agreement.
6) Project Completion, Acceptance, and Maintenance. Upon completion of the Project construction, County shall notify City in writing. The City shall promptly inspect the Project and, if the work conforms to the approved plans and specifications, accept the Project in writing. Upon acceptance, City shall retain full ownership of, title to, and sole responsibility for ongoing operation, repair, and maintenance of Pioneer Road within City limits at City’s sole expense. County shall have no ongoing maintenance obligations for the road segment within City jurisdiction following final acceptance.
7) Insurance. Prior to the commencement of work, and as a precondition to this MOU, the Parties shall maintain Commercial General Liability (CGL) insurance with limits no less than $1,000,000 per occurrence covering bodily injury, personal injury and property damage; and Workers Compensation Insurance as required according to the California Labor Code, including Employer’s Liability limits of $1,000,000 per accident during the term of the MOU.

Each party shall provide the other certificates of insurance upon request. Each party and its officers, employees, and agents shall be endorsed to the other’s CGL policy as additional insured, using ISO form CG2026 or an alternate form that is at least as broad as form CG2026, as to any liability arising from the performance of this Agreement.

The Parties acknowledge that both entities may be self-insured or members of a public entity risk pool. Such self-insurance or public entity pooling shall satisfy the insurance requirements set forth herein.
8) CEQA. The Parties have determined that the County will act as the lead agency for purposes 190
of California Environmental Quality Act compliance as it applies to the Project. The Parties anticipate this work constitutes repair and maintenance of an existing public facility, categorically exempt from CEQA pursuant to CEQA Guidelines Section 15301. 9) Indemnity. County shall indemnify, defend and hold harmless City, its officers, elected officials, employees and agents, from and against any claims, damages, costs, expenses, including any amount equal to reasonable attorney’s fees, or liabilities arising out of or in any way connected with this Agreement, including, without limitation, claims, damages, expenses, or liabilities for loss or damage to any property, or for death or injury to any person or persons, but only in proportion to and to the extent such claims, damages, costs, expenses, attorney’s fees, or liabilities are caused by the County’s negligence, whether by action or omission, or willful misconduct.

City shall indemnify, defend and hold harmless County, its officers, elected officials, employees and agents, from and against any claims, damages, costs, expenses, including any amount equal to reasonable attorney’s fees, or liabilities arising out of or in any way connected with this Agreement, including, without limitation, claims, damages, expenses, or liabilities for loss or damage to any property, or for death or injury to any person or persons, but only in proportion to and to the extent such claims, damages, costs, expenses, attorney’s fees, or liabilities are caused by the City’s negligence, whether by action or omission, or willful misconduct.

The obligations set forth above shall survive this Agreement's expiration or termination. 10) Applicable Law. All parties agree that this Agreement and all documents issued or executed pursuant to this Agreement as well as the rights and obligations of the parties hereunder are subject to and governed by the laws of the State of California in all respects as to interpretation, construction, operation, effect and performance. No interpretation of any provision of this Agreement shall be binding upon County unless agreed to in writing by County and counsel for County.
11) Administrative Dispute Resolution. Prior to initiating formal litigation regarding any dispute arising under this Agreement, the Merced County Director of Public Works and the City Manager (or their designated representatives) shall meet in person or via teleconference within fifteen (15) calendar days of a written request by either Party to attempt to resolve the dispute in good faith. If the matter is not resolved within thirty (30) calendar days after the initial meeting, either Party may pursue any remedies available at law or in equity. 12) Binding Effect. This Agreement is for the benefit of and shall be binding upon all parties and their respective successors, heirs, executors, administrators, assigns, and successors in interest.
13) Venue. The venue for any claims arising out of this Agreement shall be in the Merced County Superior Court, unless otherwise required by law.
14) Waiver. One or more waivers of any term, condition, or covenant of this Agreement by either party shall not be construed as a waiver of any other term, condition, or covenant. 15) Notices. "Notice" means any notice, demand, request, or other communication or document to be provided under this Agreement. All Notices shall be in writing and shall be given to the 191
Party at its regular mail address, or such other address as the Party may later specify for that purpose by notice to the other Party.

City County
City Manager Director of Public Works / Road Commissioner City of Los Banos Merced County
411 Madison Avenue 715 Martin Luther King Jr. Way
Los Banos, CA 93635 Merced, CA 95341
16) Entire Agreement. This Agreement, including the attachments incorporated herein by reference, represents the entire agreement and understanding between the parties. Any modifications to this Agreement shall be in writing and signed by authorized representatives of the parties.
17) Signing Authority. The individuals signing this Agreement below represent and agree that they have full and actual authority to bind their respective parties to this Agreement. 18) Duplicate Counterparts. This Agreement may be executed in counterparts, each of which shall be an original, and all of which shall constitute but one and the same instrument.

IN WITNESS WHEREOF, the Parties hereto have executed this MOU, which shall take effect on the date of the last Party’s signature below.

COUNTY OF MERCED, CITY OF LOS BANOS,
A Political Subdivision of the State
Chairman, Merced County Soknirorn Than
Board of Supervisors City Manager

Date Date
APPROVED AS TO LEGAL FORM: APPROVED AS TO FORM:

MERCED COUNTY COUNSEL CITY ATTORNEY
BY: BY:

Joel A. Guerra Mary F. Lerner
Deputy County Counsel City Attorney
192
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Agenda Staff Report
TO: Mayor Amabile and Council Members
FROM: Soknirorn Than, City Manager
DATE: August 19, 2026
TYPE OF REPORT: Regular Agenda
SUBJECT: Approval of an Amended and Restated Property Tax Sharing Agreement Between the City of Los Banos and the County of Merced
______________________________________________________________________ Recommendation:

Staff recommends the City Council adopt the attached resolution approving Amendment No. 2 to the Amended and Restated Property Tax Sharing Agreement between the County of Merced and the City of Los Banos.

Background:

On June 6, 1978, California voters approved Proposition 13, which amended the California Constitution and limited ad valorem property taxes to one percent of assessed value. Following Proposition 13, the California Legislature enacted Revenue and Taxation Code Section 99, which requires cities and counties to negotiate a property tax exchange agreement before territory may be annexed into a city.

The City of Los Banos and the County of Merced originally entered into a Property Tax Sharing Agreement on October 21, 1997. In 2016, after several years of negotiations, the parties approved an Amended and Restated Property Tax Sharing Agreement that established a more equitable allocation of property tax revenues associated with annexations and provided a framework for cooperation on growth planning, agricultural preservation, and other matters of mutual interest.
195
ITEM 11
The 2016 agreement included a General Plan cooperation provision that referenced the City's then adopted 2030 General Plan and established procedures for interagency review of land use applications within the City's planning area. The agreement was subsequently amended in December 2016 to address the administration of tax rate areas associated with annexations.

In October 2022, the City adopted its 2042 General Plan, replacing the previous 2030 General Plan. The proposed Second Amendment updates the agreement to reflect the City's current General Plan and clarifies procedures intended to ensure continued coordination between the City and County on planning matters affecting areas within the City's planning boundaries.

Discussion:

The proposed Second Amendment makes no changes to the property tax allocation formulas, revenue-sharing percentages, or the financial terms established under the existing agreement. Rather, the amendment is intended to update and modernize Section 4 of the agreement, entitled "City and County General Plan Cooperation." Specifically, the amendment:

A. Updates references from the City's former 2030 General Plan to the City's adopted 2042 General Plan.

B. Maintains the existing framework requiring the County to refer specified discretionary land use applications within the City's Planning Area Boundary to the City for review and comment, including:
a. Major and Minor Subdivisions;
b. Conditional Use Permits;
c. Zone Changes;
d. General Plan Amendments; and
e. Administrative Permits.

C. Continues the City's commitment to provide the County with opportunities to review and comment on annexation and boundary expansion proposals affecting unincorporated areas of the County prior to LAFCO consideration.

D. Reaffirms the parties' shared commitment to preserving agricultural resources and participating in future discussions regarding countywide agricultural mitigation strategies.

E. Adds language explicitly recognizing that the purpose of the amendment is to promote mutual cooperation and coordination and avoid conflicts between the respective General Plan goals, objectives, and policies of the City and County.

The proposed amendment preserves the cooperative land use planning principles that have existed in the agreement since 2016 while ensuring the agreement accurately reflects the City's current planning documents. Approval of the amendment will strengthen communication between the City and County as both agencies review 196
development proposals and long-range planning initiatives affecting the Los Banos Planning Area.

This amendment is administrative in nature, supports implementation of the City's 2042 General Plan, and continues the longstanding collaborative relationship between the City and County regarding growth management and long term planning.

Fiscal Impact:

Approval of Amendment No. 2 is not anticipated to result in a direct fiscal impact to the City's Fund. The amendment primarily updates the parties' contractual provisions concerning General Plan coordination and recognizes the City's transition from the 2030 General Plan to the adopted 2042 General Plan.

Any fiscal impacts associated with future development, annexation, or property tax revenues will continue to be governed by the terms of the Property Tax Sharing Agreement, as amended.

Reviewed by:

_______________________________ _______________________________ Mary Lerner, City Attorney Minerva Moreno, Finance Director Attachments:

1. Resolution

2. Draft Second Amendment to the Tax Sharing Agreement Between the City of Los Banos and County of Merced.
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198
RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS APPROVING AN

AMENDED AND RESTATED PROPERTY TAX

SHARING AGREEMENT BETWEEN THE CITY OF

LOS BANOS AND THE COUNTY OF MERCED
WHEREAS, the County of Merced and the City of Los Banos previously entered into a Property Tax Sharing Agreement which was subsequently Amended and Restated on June 7, 2016 (hereinafter referred to as “Agreement”); and WHEREAS, the County of Merced and the City of Los Banos desire to amend Section 4 (City and County General Plan Cooperation) of the Agreement to recognize the City’s pending 2042 General Plan while maintaining the 2030 General Plan as the governing planning document until the 2042 General Plan is formally adopted and becomes effective, and to provide that references to the City’s General Plan shall automatically apply to the 2042 General Plan upon its effective date; and WHEREAS, the County of Merced and the City of Los Banos have met and reached agreement regarding new boundaries of the sphere and development standards and planning and zoning requirements within the sphere to ensure that development within the sphere occurs in a manner that reflects the concerns of the affected city and is accomplished in a manner that promotes the logical and orderly development of areas within the sphere.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby approve Amendment No. 2 to the Agreement, amending Section 4 (City and County General Plan Cooperation) as set forth in the attached Amendment.

BE IT FURTHER RESOLVED, that the County of Merced and the City of Los Banos have reached agreement regarding new boundaries of the sphere and development standards and planning and zoning requirements within the sphere to ensure that development within the sphere occurs in a manner that reflects the concerns of the City of Los Banos and is accomplished in a manner that promotes the logical and orderly development of areas within the sphere.

BE IT FURTHER RESOLVED, that except as expressly amended by Amendment No. 2, all other terms and conditions of the Tax Sharing Agreement, as previously amended, shall remain unchanged and in full force and effect.

NOES:

ABSENT:

APPROVED:
__________________________
Michael S. Amabile, Mayor
ATTEST:
___________________________
Lucille L. Mallonee, City Clerk
200
1 SECOND AMENDMENT TO AMENDED AND RESTATED PROPERTY TAX

SHARING AGREEMENT

BETWEEN THE CITY OF LOS BANOS AND COUNTY OF MERCED

THIS SECOND AMENDMENT TO AMENDED AND RESTATED AGREEMENT (referred to herein as this “Second Amendment”), is made and entered into this day of August 2026, by and between the County of Merced, a political subdivision of the State of California, (hereinafter referred to as "County"), and the City of Los Banos, a Municipal Corporation incorporated under the laws of the State of California, (hereinafter referred to as "City"), and pursuant to Revenue and Taxation Code of the State of California.

RECITALS
WHEREAS, the County and the City entered into an Amended and Restated Property Tax Sharing Agreement dated June 7, 2016, identified as County Contract No. 2016144, (hereinafter referred to as “Agreement”).

WHEREAS, the County and the City first amended the Amended and Restated Property Tax Sharing Agreement on December 6, 2016 in order to address administration of tax rate areas related to new annexations.

WHEREAS, the parties desire to amend Section 4 of the Agreement to recognize the City’s adopted 2042 General Plan in October 2022 and to update references to the City’s General Plan accordingly.

WHEREAS, it is a further purpose of this Second Amendment to provide for mutual cooperation and coordination to avoid conflict with each party’s General Plan goals, objectives, and policies.

NOW THEREFORE, the parties agree as follows:

1. Section 4 entitled “CITY AND COUNTY GENERAL PLAN COOPERATION”, is amended to read as follows:
(a) The City has adopted the 2042 General Plan. References in this Agreement to the City's General Plan mean the 2042 General Plan, as amended from time to time.

The City's General Plan identifies an Urban Growth Boundary, Sphere of Influence Boundary, and Planning Area Boundary.
(b) The City and County understand that legislative bodies may not bind future legislative bodies, and that one legislative body may not delegate its legislative or police power to another legislative body.

To ensure communication and coordination with the City and to avoid conflicts with the City’s 2042 General Plan, the County agrees to refer the following applications within the City's 2042 General Plan Planning Area Boundary to the City for its review and comments:
201
2 - Major and Minor Subdivisions;
- Conditional Use Permits;
- Zone Changes;
- General Plan Amendments;
- Administrative Permits.

The County will consider all comments provided by the City prior to taking action on the application.
(c) To assist and support the County in implementing County General Plan Policies concerning the preservation of agricultural resources, the City agrees to refer all applications resulting in the expansion of the City limit boundaries into the unincorporated area of the County to the County for its review and comment. The City will consider all County comments prior to forwarding the applications to LAFCO.
(d) The City's General Plan designates lands outside of the Urban Growth Boundary but within the Sphere of Influence Boundary as Agriculture / Rural. To assist and support County General Plan policies concerning the preservation of agricultural resources, the City agrees to refer all applications resulting in the expansion of City limit boundaries into the unincorporated area of the County to the County for its review and comment. The City will consider all County comments prior to forwarding the application to LAFCO.
(e) The City agrees to participate in future discussions to establish a countywide agricultural mitigation program for productive agricultural land converted to urban development.

IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be executed on the day and year first written above.

COUNTY OF MERCED CITY OF LOS BANOS
_________________________ _________________________
Daron McDaniel Michael S. Amabile
Board Chair, Board of Supervisors Mayor
Date _______________________ Date _______________________ 202
3 ATTEST:
_________________________ _________________________
Mark J. Hendrickson Lucille L. Mallonee
Clerk of the Board City Clerk
Date _______________________ Date _______________________ APPROVED AS TO LEGALITY AND FORM:

COUNTY OF MERCED CITY OF LOS BANOS
_________________________ _________________________
Forrest Hansen Mary F. Lerner
County Counsel City Attorney
Date_____________________ Date ____________________
203

Los Banos City CouncilAugust 19, 2026

Los Banos City Council
August 19, 2026