APPENDIX B – PROPOSAL EVALUATION
Evaluation Process
All submittals will be evaluated by the City’s Selection Committee. The Committee may be composed of City staff and other parties that may have expertise or experience in the services described herein. The Committee will review the submittals and will rank the proposers. The evaluation of the proposals shall be within the sole judgment and discretion of the Committee. All contact during the evaluation phase shall be through the City Contract Administrator/Project Manager only. Proposers shall neither contact nor lobby evaluators during the evaluation process.
Attempts by Proposer to contact members of the Committee may jeopardize the integrity of the evaluation and selection process and risk possible disqualification of Proposer.
The Committee will evaluate each submittal meeting the qualification requirements set forth in this RFQ. Proposers should bear in mind that any submittal that is unrealistic in terms of the technical or schedule commitments may be deemed reflective of an inherent lack of technical competence or indicative of a failure to comprehend the complexity and risk of the City’s requirements as set forth in this RFQ.
The selection process will include oral interviews. The consultant will be notified of the time and place of oral interviews and if any additional information that may be required to be submitted. In the event that the City receives no more than one SOQ, the City may opt to not conduct an oral interview.
Upon completion of the evaluation and selection process, only the cost proposal from the most qualified consultant will be opened to begin cost negotiations. All unopened cost proposals will be returned at the conclusion of the procurement process. Upon acceptance of a cost proposal and successful contract negotiations, staff will recommend a contract be awarded.
Evaluation Criteria
Proposals will be evaluated according to each Evaluation Criteria, and scored on a zero to fivepoint rating. The scores for all Evaluation Criteria will then be multiplied according to their assigned weight to arrive at a weighted score for each proposal. A submittal with a high weighted total will be deemed of higher quality than a proposal with a lesser-weighted total. The final maximum score for any proposal is five hundred
(500) points.
Rating Scale
0 Not
Acceptable
Non-responsive, fails to meet RFQ specifications. The approach has no probability of success. For mandatory requirement, this score will result in disqualification of submittal
1 Poor Below average, falls short of expectations, is substandard to that which is the average or expected norm, has a low probability of success in achieving project objectives per RFQ.
2 Fair Has a reasonable probability of success, however, some objectives may not be met.
3 Average
Acceptable, achieves all objectives in a reasonable fashion per RFQ specification.
This
will be the baseline score for each item with adjustments based on interpretation of submittal by Evaluation Committee members.
4 Above
Average/Good
Very good probability of success, better than that which is average or expected as the norm. Achieves all objectives per RFQ requirements and expectations. 179
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On-Call Planning Consulting Services
5 Excellent/
Exceptional
Exceeds expectations, very innovative, clearly superior to that which is average or expected as the norm. Excellent probability of success and in achieving all objectives and meeting RFQ specification.
The evaluation Criteria Summary and their respective weights are as follows:
No. Written Evaluation Criteria Weight
1 Completeness of Response Pass/Fail
2 Qualifications & Experience 30
3 Organization & Approach 15
4 Scope of Work 20
5 Staff Availability 10
6 Conflict of Interest Statement Pass/Fail
7 Familiarity with State & Federal Procedures 10
8 References 15
Subtotal: 100
No. Interview Evaluation Criteria (if
necessary) Weight
9 Presentation by team 10
10 Qualifications & Experience 15
Subtotal: 25
Total: (if interviews are necessary) 125
1. Completeness of Response (Pass/Fail)
a. Responses to this RFQ must be complete. Responses that do not include the proposal content requirements identified within this RFQ and subsequent addenda and do not address each of the items listed below will be considered incomplete, be rated a Fail in the Evaluation Criteria and will receive no further consideration. Responses that are rated a Fail and are not considered may be picked up at the delivery location within 14 calendar days of contract award and/or the completion of the competitive process.
2. Qualifications & Experience (30 points)
a. Relevant experience, specific qualifications, and technical expertise of the firm and subconsultants to conduct on-call materials On-Call Planning Services on both federal and nonfederal-aid projects. b. Relatable experience interpreting Municipal Code and Zoning Ordinances and applying to project applications.
c. Thorough understanding of California-Specific regulations regarding planning and building projects, such as California ADU legislation and Builders’ Remedy applications as related to 180
City of Los Banos Request for Qualifications
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California Housing Element laws.
3. Organization & Approach (15 points)
a. Describes familiarity of project and demonstrates understanding of work completed to date and project objectives moving forward
b. Roles and Organization of Proposed Team
i. Proposes adequate and appropriate disciplines of project team. ii. Some or all of team members have previously worked together on similar project(s). iii. Overall organization of the team is relevant to CITY needs. c. Project and Management Approach
i. Team is managed by an individual with appropriate experience in similar projects. This person’s time is appropriately committed to the project. ii. Team successfully addresses Site Planning and Programming efforts. iii. Project team and management approach responds to project issues. Team structure provides adequate capability to perform both volume and quality of needed work within project schedule milestones.
d. Roles of Key Individuals on the Team
i. Proposed team members, as demonstrated by enclosed resumes, have relevant experience for their role in the project.
ii. Key positions required to execute the project team’s responsibilities are appropriately staffed.
e. Working Relationship with CITY
i. Team and its leaders have experience working in the public sector and knowledge of public sector procurement process.
ii. Team leadership understands the nature of public sector work and its decision- making process.
iii. Proposal responds to need to assist CITY during the project.
4. Scope of Work (20 points)
a. Detailed Scope of Services to be provided
i. Proposed scope of services is appropriate for all phases of the work. ii. Scope addresses all known project needs and appears achievable in the timeframes set forth in the project schedule.
b. Project Deliverables
i. Deliverables are appropriate to schedule and scope set forth in above requirements. c. Cost Control
i. Proposer has a system or process for managing cost and budget. ii. Evidence of successful budget management for similar projects.
5. Staff Availability (10 points)
a. Consultant demonstrates project team staff is available and able to promptly respond to requests throughout the contract duration in order to timely deliver projects.
6. Conflict of Interest Statement (Pass/Fail)
a. Discloses any financial, business or other relationship with the CITY that may have an impact upon the outcome of the contract or the construction project. b. Lists current clients who may have a financial interest in the outcome of this contract or the construction project that will follow.
c. Discloses any financial interest or relationship with any construction company that might submit a bid on the construction project.
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7. Familiarity with State and Federal Procedures (10 points) a. Demonstrates past experience administering State and Federal funding programs including but not limited to RSTP, CMAQ, HSIP, ATP, etc.
b. Demonstrates familiarity with the Federal Aid Program and Caltrans Local Assistance.
8. References (15 points)
a. Provide as reference the name of at least three (3) agencies you currently or have previously consulted for comparable projects.
9. Presentation by Team (if necessary) (10 points)
a. Team presentation conveying project understanding, communication skills, innovative ideas, critical issues and solutions.
10. Q & A Response to Panel Questions (if necessary) (15 points) a. Proposer provides responses to various interview panel questions. 182
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APPENDIX C – SAMPLE AGREEMENT
CITY OF LOS BANOS
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of ________________, 20____ by and between the City of Los Banos, a public agency organized and operating under the laws of the State of California (“City”), and [***INSERT NAME***], a [***INSERT TYPE OF ENTITY - CORPORATION, PARTNERSHIP, SOLE PROPRIETORSHIP OR OTHER LEGAL ENTITY***] with its principal place of business at [***INSERT ADDRESS***] (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:
____________________________________________________________________________ (hereinafter referred to as “the Project”).
B. Consultant is duly licensed and has the necessary qualifications to provide such services.
C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Services.
Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.”
2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “B.”
b. Specific projects will be assigned to CONSULTANT through issuance of Task Orders. c. After a project to be performed under this AGREEMENT is identified by LOCAL AGENCY, LOCAL AGENCY will prepare a draft Task Order; less the cost estimate. A draft Task Order will identify the scope of services, expected results, project deliverables, period of performance, project schedule and will designate a LOCAL AGENCY Project Coordinator. The draft Task Order will be delivered to CONSULTANT for review. CONSULTANT shall return the draft Task Order within ten (10) calendar days along with a Cost Estimate, including a written estimate of the number of hours and hourly rates per staff person, any anticipated reimbursable expenses, overhead, fee if any, 183
and total dollar amount. After agreement has been reached on the negotiable items and total cost; the finalized Task Order shall be signed by both LOCAL AGENCY and CONSULTANT. d. Task Orders may be negotiated for a lump sum (Firm Fixed Price) or for specific rates of compensation, both of which must be based on the labor and other rates set forth in CONSULTANT’s approved Cost Proposal.
CONSULTANT shall be responsible for any future adjustments to prevailing wage rates including, but not limited to, base hourly rates and employer payments as determined by the Department of Industrial Relations. CONSULTANT is responsible for paying the appropriate rate, including escalations that take place during the term of the AGREEMENT.
e. Reimbursement for transportation and subsistence costs shall not exceed the rates as specified in the approved Cost Proposal. CONSULTANT will be responsible for transportation and subsistence costs in excess of State rates.
f. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior written approval in the form of an AGREEMENT amendment for a revised milestone cost estimate from the Contract Administrator before exceeding such estimate. g. Progress payments for each Task Order will be made monthly in arrears based on services provided and actual costs incurred.
h. CONSULTANT shall not commence performance of work or services until this AGREEMENT has been approved by LOCAL AGENCY and notification to proceed has been issued by LOCAL AGENCY’S Contract Administrator. No payment will be made prior to approval or for any work performed prior to approval of this AGREEMENT.
i. A Task Order is of no force or effect until returned to LOCAL AGENCY and signed by an authorized representative of LOCAL AGENCY. No expenditures are authorized on a project and work shall not commence until a Task Order for that project has been executed by LOCAL AGENCY. j. CONSULTANT will be reimbursed within thirty (30) days upon receipt by LOCAL AGENCY’S Contract Administrator of itemized invoices in duplicate. Separate invoices itemizing all costs are required for all work performed under each Task Order. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which CONSULTANT is billing, or upon completion of the Task Order. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number, project title and Task Order number. Credits due LOCAL AGENCY that include any equipment purchased under the provisions of Article XI Equipment Purchase, must be reimbursed by CONSULTANT prior to the expiration or termination of this AGREEMENT. Invoices shall be mailed to LOCAL AGENCY’s Contract Administrator at the following address:
(NAME OF LOCAL AGENCY/ NAME OF CONTRACT ADMINISTRATOR) (ADDRESS) k. The period of performance for Task Orders shall be in accordance with dates specified in the Task Order. No Task Order will be written which extends beyond the expiration date of this AGREEMENT.
l. The total amount payable by LOCAL AGENCY for an individual Task Order shall not exceed the amount agreed to in the Task Order, unless authorized by amendment. 184
m. If CONSULTANT fails to satisfactorily complete a deliverable according to the schedule set forth in a Task Order, no payment will be made until the deliverable has been satisfactorily completed. n. Task Orders may not be used to amend the language (or the terms) of this AGREEMENT not to exceed the scope of work under this AGREEMENT.
o. The total amount payable by LOCAL AGENCY for all Task Orders resulting from this AGREEMENT shall not exceed $ (Amount). It is understood and agreed that there is no guarantee, either expressed or implied that this dollar amount will be authorized under this AGREEMENT through Task Orders.
3. Additional Work.
If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
4. Maintenance of Records.
Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.
5. Time of Performance.
A. This AGREEMENT shall go into effect on (DATE), contingent upon approval by LOCAL AGENCY, and CONSULTANT shall commence work after notification to proceed by LOCAL AGENCY’S Contract Administrator. The AGREEMENT shall end on (DATE), unless extended by AGREEMENT amendment.
B. CONSULTANT is advised that any recommendation for AGREEMENT award is not binding on LOCAL AGENCY until the AGREEMENT is fully executed and approved by LOCAL AGENCY.
C. The period of performance for each specific project shall be in accordance with the Task Order for that project. If work on a Task Order is in progress on the expiration date of this AGREEMENT, the terms of the AGREEMENT shall be extended by AGREEMENT amendment prior to the expiration of the contract to cover the time needed to complete the task order in progress only. The maximum term shall not exceed five (5) years.
6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing party.
For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; pandemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint.
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b. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.
7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.
8. Standard of Care; Performance of Employees
a. Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. b. Consultant’s employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant’s failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.
9. Assignment and Subcontracting
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates and subcontractors as Consultant may deem appropriate to assist in the performance of services hereunder.
10. Independent Contractor
Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. 186
11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section.
a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
(1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent.
(iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted (7) Contractual Liability with respect to this Agreement (8) Property Damage
(9) Independent Contractors Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. b. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
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(iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status.
(iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.
c. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section.
d. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property damage Automobile Liability $1,000,000 combined single limit
Employer’s Liability $1,000,000 per accident or disease Professional Liability $1,000,000 per claim and aggregate (errors and omissions) (ii) Defense costs shall be payable in addition to the limits. 188
(iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement.
f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. g. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement.
Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claimsmade policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking 189
such other actions available to the City under other provisions of the Agreement or law.
h. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies with a current A.M.
Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
i. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments.
In the alternative, City may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project.
(iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
j. Subconsultant Insurance Requirements.
Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.
12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of 190
the Consultant’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance of “design professional” services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. b. If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free 191
and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.
14. Safety.
Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property.
In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life-saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
15. Verification of Employment Eligibility.
By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.
16. INTENTIONALLY DELETED
17. Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a the Superior Court of California for the County of Merced.
18. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work. b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.
19. Ownership of Documents and Confidential Information. 192
a. All deliverables and other documents generated by Consultant in the performance of the Services, including all work papers, work-in-progress, designs, drawings, documents, data, computations, specifications, studies and reports prepared by Consultant as a part of the Services or authorized Additional Services (“Consultant Work Product”) shall belong to and be subject to the sole ownership and use of City.
b. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, drawings and specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City. c. During the course of the performance of this Agreement, Consultant may receive written or verbal information from City, its representatives or agents, not in the public domain. Such information may include City’s know how, trade secrets, and other proprietary and confidential information and Consultant agrees to treat such information as confidential information belonging to City. Consultant agrees that neither it, nor its officers, employees, representatives, agents, successors, or assigns, will disclose such information to any third party or use the same in any manner without the prior written consent of City. Moreover, Consultant agrees to safeguard such proprietary and confidential information from unauthorized disclosure and/or use using the same degree of care it uses to protect its own proprietary and confidential information, but not less than a reasonable standard of care.
In the event that disclosure of such information is sought pursuant to any law or regulation, Consultant shall promptly notify City of such fact to allow City to assert whatever exclusions or exemptions may be available to it under applicable law or regulation.
20. Organization
Consultant shall assign _________________________ as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.
21. Limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described above.
22. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:
CITY:
City of Los Banos
[City Address]
Attn: Gary Brizzee, City Manager
CONSULTANT:
[***INSERT NAME, ADDRESS & CONTACT
PERSON***]
and shall be effective upon receipt thereof.
23. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.
193
24. Equal Opportunity Employment.
Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
25. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.
26. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the remaining provisions unenforceable, invalid or illegal.
27. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.
28. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either Party, unless such waiver is specifically specified in writing.
29. Time of Essence
Time is of the essence for each and every provision of this Agreement.
30. City’s Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.
31. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 194
32. Federal Requirements
When funding for the services is provided, in whole or in part, by an agency of the federal government, Consultant shall also fully and adequately comply with the provisions included in Exhibit “D” (Federal Requirements) attached hereto and incorporated herein by reference (“Federal Requirements”). With respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control.
[SIGNATURES ON FOLLOWING PAGE]
195
SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN CITY OF LOS BANOS
AND [***INSERT CONSULTANT NAME***]
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
CITY OF LOS BANOS [**CONSULTANT’S NAME**]
By: By:
[INSERT NAME] [INSERT NAME]
[INSERT TITLE] [INSERT TITLE]
ATTEST:
By:
[INSERT TITLE]
196
EXHIBIT A
Scope of Services
197
EXHIBIT B
Schedule of Charges/Payments
Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a detailed progress report that indicates the amount of budget spent on each task. Consultant will inform City regarding any out-ofscope work being performed by Consultant. 198
Agenda Staff Report
TO: Mayor Amabile and City Council Members
FROM: Joe Heim, Parks and Recreation Director
DATE: October 7, 2026
TYPE OF REPORT: Regular Agenda
SUBJECT: Assembly Bill 1572 Nonfunctional Turf Requirements ______________________________________________________________________ Recommendation:
Receive the informational report and provide direction regarding Assembly Bill 1572. Staff will return to the City Council during winter 2026 with the required ordinance or policy updates.
Background:
In 2023, the State approved Assembly Bill 1572, which phases in a prohibition on using potable water to irrigate nonfunctional turf on public, commercial, industrial and institutional properties, excluding cemeteries. The prohibition also applies to common areas owned or maintained by homeowners’ associations and similar organizations. It does not apply to residential yards, including private yards located within an HOA.
Nonfunctional turf is grass that is not located within a recreational use area or community space. Examples include turf within street rights-of-way, roadway medians, parking lot islands, narrow strips adjacent to sidewalks or buildings, and areas that are permanently inaccessible for recreation or public gatherings.
Functional turf includes grass used for formal or informal recreation and community activities. In addition to athletic fields, this can include open lawns, picnic areas, gathering spaces, pet exercise areas, and other accessible areas used by the public.
The law will be implemented in phases:
• By January 1, 2027, public water systems must update their ordinances, policies, or regulations and notify customers of the new requirements. • Beginning January 1, 2027, the prohibition applies to properties owned by local governments, public agencies, and public water systems, except those located in disadvantaged communities.
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ITEM 9
• Beginning January 1, 2028, the prohibition applies to commercial, industrial, and other institutional properties.
• Beginning January 1, 2029, the prohibition applies to common areas maintained by homeowners’ associations, common-interest developments, and similar organizations.
• For properties owned by local governments, public agencies and public water systems in disadvantaged communities, the prohibition begins January 1, 2031, or when state funding becomes available for conversion, whichever is later.
The extension for disadvantaged communities applies only to physical modification to the publicly owned properties. It does not change the January 1, 2027 deadline for the City to update its ordinance or policy and notify water customers.
AB 1572 defines a disadvantaged community as one with an annual median household income below 80 percent of the statewide median household income. Based on current Census information, 80 percent of California’s median household income is approximately $79,298. Los Banos has a median household income of approximately $68,171 and therefore meets the definition of a disadvantaged community.
Discussion:
The City is required to update its water conservation ordinance or policy and notify water customers of the requirements of AB 1572 by January 1, 2027. Staff plans to return to the City Council during winter 2026 with the required update.
The ordinance will incorporate the state requirements and identify the types of properties covered by the prohibition. The ordinance does not apply to residential yards. Residents may continue irrigating their lawns in accordance with the City’s existing water conservation schedule:
• Odd-numbered addresses may water Tuesday, Thursday and Saturday. • Even-numbered addresses may water Wednesday, Friday, and Sunday. • Watering is permitted only before 11:00 a.m. or after 7:00 p.m. • Watering is not permitted on Mondays.
• Irrigation is prohibited during measurable rainfall.
• Customers must wait 48 hours following a rain event before irrigating.
The City-owned areas most clearly affected are turf within street rights-of-way (i.e. park strips). The City has already converted all roadway medians from irrigated turf.
AB 1572 does not require affected areas to be left bare. Turf may be replaced with climateappropriate trees and shrubs, drought-tolerant groundcover, mulch or decorative rock.
Irrigation systems may also be modified to continue watering trees and other perennial plantings. Conversion plans will consider appearance, maintenance, weed control, dust, and erosion.
Park turf does not need to be used as an athletic field to remain functional. Grass used for informal play, picnics, public events, walking, pet exercise or community gatherings may continue to be irrigated. However, narrow frontage strips, parking lot islands and isolated turf maintained solely for appearance may be considered nonfunctional. 200
Because Los Banos qualifies as a disadvantaged community, the compliance deadline for City-owned property is January 1, 2031, or when state funding becomes available for conversion, whichever is later. Between 2027 and 2031, staff will inventory turf at City parks, public facilities, street rights-of-way, and other irrigated City properties. The inventory will identify functional turf, areas requiring conversion, and locations needing further review.
Staff will then develop a phased conversion plan identifying priority locations, replacement treatments, estimated costs, and potential funding sources. Where possible, conversions will be coordinated with planned street, park, and irrigation projects. Grants, rebates, and state funding will also be pursued to reduce the cost to the City.
This process will allow the City to complete planned landscape improvements instead of discontinuing irrigation without an appropriate replacement. Individual projects and associated funding requests will be presented to the City Council as they are developed.
Fiscal Impact:
There is no direct fiscal impact associated with receiving this report. Preparation of the ordinance update, customer notification, and the initial inventory of City-owned turf will require staff time.
The cost of future conversions is not yet known and will depend on the amount of nonfunctional turf identified, site conditions, replacement landscaping and available outside funding. Projects requiring City funding will be presented to the City Council through the budget process or as separate project approvals.
Reviewed by:
_________________________ ___________________________
Soknirorn Than, City Manager Minerva Moreno, Finance Director Attachment:
1. FAQ from the State Water Boards
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Nonfunctional Turf Ban (AB 1572)
1. What is the nonfunctional turf ban? ...................................................................... 2
2. Does the nonfunctional turf ban apply to residential properties? .......................... 2
3. Does the nonfunctional turf ban apply to residential properties in HOAs?............ 2
4. What is turf? ......................................................................................................... 2
5. What is the difference between functional turf and nonfunctional turf?................. 3
6. I manage a property that is subject to the nonfunctional turf ban. Who can tell me whether or not I can irrigate my grass with drinking water?......................................... 3
7. Does the nonfunctional turf ban mandate the removal of grass? ......................... 3
8. Do I need to stop watering my trees with drinking water? .................................... 3
9. By when does a property have to stop irrigating nonfunctional grass with potable water?.......................................................................................................................... 4
10. Who must self-certify compliance with the nonfunctional turf ban to the State Water Board? .............................................................................................................. 4
11. By when do properties have to self-certify to the State Water Board? .............. 5
12. Will certifications be publicly accessible?.......................................................... 5
13. Who may enforce the nonfunctional turf ban?................................................... 5 Additional Resources................................................................................................... 5
CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY
e STATE WATER RESOURCES CONTROL BOARD
1001 I Street, Sacramento, CA 95814 • Mailing Address: P.O. Box 100, Sacramento, CA 95812-0100 • www.waterboards.ca.gov ~ Water Boartls 203
1. What is the nonfunctional turf ban?
Water Code section 10608.14 (Assembly Bill (AB) 1572 (2023)), signed into law in 2022, prohibits using drinking water to irrigate nonfunctional mowed grass located on properties that are owned by:
· Commercial entities
· Industrial entities
· Institutional entities
· Homeowners’ associations
· Common interest developments
· Community service organizations
· Similar entities (as specified).
Cemeteries are not included under the nonfunctional turf ban.
In this case, drinking water (that is, potable water) means water that has been treated to be safe for human consumption.
2. Does the nonfunctional turf ban apply to residential properties?
The nonfunctional turf ban does not apply to residential properties.
3. Does the nonfunctional turf ban apply to residential properties in HOAs?
Residential properties, including residential properties within homeowners’ associations (HOAs), are not subject to AB 1572.
However, common areas, including those within HOAs, are subject to AB 1572.
Common areas are portions of a property that are not assigned or allocated to the exclusive use of the occupants of an individual dwelling unit within a property.
4. What is turf?
Section 491 of Title 23 of the California Code of Regulations defines “turf” as mowed grass used as a ground cover.
Water Boards
Frequently Asked Questions
204
5. What is the difference between functional turf and
nonfunctional turf?
Functional turf is mowed grass located in a recreational use area or in a community space. For example, soccer fields, or park areas where people gather for community events.
Mowed grass in any other kind of area is nonfunctional. Nonfunctional turf includes, but is not limited to, mowed grass:
· Located within street rights-of-way and parking lots. · Enclosed by fencing or other barriers to permanently keep people out.
6. I manage a property that is subject to the nonfunctional turf ban. Who can tell me whether or not I can irrigate my grass with drinking water?
By January 1, 2027, public water systems must revise their regulations, ordinances, or policies governing water service to incorporate the nonfunctional turf ban and communicate any requirements to their customers.
The State Water Board has no current plans to weigh in regarding specific cases of what grass is or is not considered within the scope of the nonfunctional turf ban.
Questions regarding whether specific grass is “nonfunctional” should be directed to local public water systems.
7. Does the nonfunctional turf ban mandate the removal of grass?
AB 1572 only prohibits using drinking water to irrigate nonfunctional mowed grass. This law does not mandate removing grass.
8. Do I need to stop watering my trees with drinking
water?
AB 1572 does not prohibit using drinking water to water trees and other perennial nongrass plantings.
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9. By when does a property have to stop irrigating
nonfunctional grass with potable water?
The date a property must cease irrigating nonfunctional turf (NFT) with treated, drinking water depends on the type of property:
Deadline Properties that must stop watering NFT with drinking water January 1, 2027 Properties owned by the State of California Department of General Services.
January 1, 2027 Properties owned by local governments, public agencies, and public water systems, except for those in a disadvantaged community.
January 1, 2028 Commercial, industrial, and remaining institutional (CII) properties.
January 1, 2029 Homeowners’ associations, common interest developments, and community service organizations.
January 1, 2031
or when funding
is made available
Properties owned by local governments, public agencies, and public water systems in a disadvantaged community. The deadline is either January 1, 2031, or whenever state funding for lawn conversion becomes available, whichever is later.
“Disadvantaged community” refers to a community with an annual median household income that is less than 80 percent of the statewide annual median household income.
The State Water Board may postpone a property owner’s compliance deadline by up to a maximum of three years upon a showing of economic hardship, critical business need, and potential impacts to human health or safety. Details on this process will be forthcoming.
10. Who must self-certify compliance with the
nonfunctional turf ban to the State Water Board?
Self-certification (i.e., reporting compliance to the State Water Board) is required for owners of:
· Commercial, industrial, or institutional properties with more than 5,000 square feet of irrigated area other than a cemetery
· Properties with more than 5,000 square feet of irrigated common area that are:
o A homeowners’ association
o Common interest development,
o Community service organization or
o Similar entities (as specified).
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Frequently Asked Questions
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11. By when do properties have to self-certify to the State Water Board?
Owners of commercial, industrial, and institutional properties with more than 5,000 square feet of irrigated area (other than a cemetery) must certify compliance to the State Water Board on June 30, 2030, and must continue to do so every three years until 2039.
Owners of HOAs, common interest developments, community service organizations, etc., with more than 5,000 square feet of irrigated area must certify compliance to the State Water Board on June 30, 2031, and must continue to do so every three years until 2040.
Information on how to certify compliance to the State Water Board will be forthcoming.
12. Will certifications be publicly accessible?
Yes. Certifications will be made publicly accessible via the State Water Board’s nonfunctional turf website.
13. Who may enforce the nonfunctional turf ban?
Enforcement may be conducted by water systems, cities, counties, or cities and counties. To avoid duplication of enforcement, cities and counties should notify the retail public water system 30 days prior to enforcement against a property served by the system.
Additional Resources
More information can be found on the State Water Board’s Nonfunctional Turf webpage, https://waterboards.ca.gov/conservation/nonfunctional-turf.html. (This FAQ was last updated on July 29, 2026)
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Agenda Staff Report
TO: Mayor Amabile and City Council Members
FROM: Joe Heim, Parks and Recreation Director
DATE: October 7, 2026
TYPE OF REPORT: Regular Agenda
SUBJECT: Pump Track Project Concept Review
______________________________________________________________________ Recommendation:
Staff recommends that the City Council receive the report and provide directions on any changes to the pump track concept or proceed with final design.
Background:
The City has been exploring a pump track as a new recreational amenity for several years. The 2021 Parks Master Plan found that Los Banos generally has adequate neighborhood park service but lacks specialized recreation facilities. Community input gathered for the plan specifically identified a pump track as an amenity residents would like to see.
A pump track is a paved course consisting of rollers, berms, banked turns and other features that allow users to generate momentum through body movement. The proposed Los Banos facility is intended for a range of non-motorized wheeled users, including bicycles, skateboards, scooters and roller skates, and will accommodate varying ages and skill levels.
The project has been in development for several years. In 2023, staff began evaluating locations and concepts for a pump track. Meadowlands Basin Park, located at 2599 S.
Creekside Drive, was subsequently identified as the preferred location.
Staff presented the project to the Parks and Recreation Commission on January 23, 2024. The site was identified because of its proximity to existing parking, restrooms, playground, basketball court and shade amenities, its proximity to Pacheco High School, and its ability to provide a specialized action-sports amenity on the east side of Los Banos.
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ITEM 10
The project subsequently returned to the Parks and Recreation Commission as planning continued. In October 2025, the Commission also reviewed potential rules and regulations for operation of the future facility. Public outreach meetings were held in November 2025 to gather community input regarding the project location, desired track features, shade, seating, landscaping, lighting and other potential amenities.
The Parks and Recreation Commission reviewed the 60% concept on September 8, 2026, and expressed support for the pump track. Commissioners also discussed site security and how to discourage use by motorized vehicles, including electric bicycles.
Staff is bringing the concept to Council for feedback before moving into final design.
The City also successfully secured $177,952 in State of California Per Capita Grant funding for the Meadowlands Basin Pump Track project. These funds will be reimbursed to the City as eligible project costs are incurred.
For FY 2026-27, $775,000 has been appropriated for the project.
Discussion:
Meadowlands Basin Park is a 24.4-acre park that currently includes playground equipment, a half-court basketball court, picnic facilities, restrooms and parking. Much of the park consists of stormwater basin areas; however, the southern portion includes more than two acres of relatively flat and accessible land adjacent to S. Creekside Drive and existing park amenities. This area has remained comparatively underutilized and provides an opportunity to introduce a significant new recreational use without displacing an existing park amenity.
The City’s existing skate park is located at Colorado Ballpark on the west side of the community. Development of the pump track at Meadowlands Basin Park would provide a complementary wheeled-sports destination on the east side while directly serving the Meadowlands neighborhood and students within walking distance at Pacheco High School.
The project is particularly intended to expand recreational opportunities for teens and young adults. Currently there is a gap in serving this age group as traditional neighborhood park amenities such as playgrounds and picnic areas are not specifically design for this age group. Staff anticipates that the pump track could become one of the City’s more popular specialized recreational amenities because it would accommodate riders of varying ages and skill levels using bicycles, skateboards, scooters and roller skates.
Following the November 2025 public outreach meetings and continued design development, Spohn Ranch prepared the current concept. It includes two separate asphalt pump track loops. The beginner loop provides a more approachable course with features designed at approximately two to three feet high. The intermediate loop has larger rollers and banked turns, with elevation changes of up to four feet.
The overall design remains welcoming to newer riders while giving them room to progress. A raised connection between the loops would allow riders to move from one to the other while requiring them to slow down at the crossing. 210
The concept also includes a small concrete skate park in the central space between the beginner and intermediate loops. Pedestrian and spectator areas, seating, landscaping and drainage improvements are shown around the riding areas. Synthetic turf is proposed in some spaces between the track features to reduce maintenance and limit loose material that could be carried onto the asphalt. Shade structures are not included in the current concept, although proposed trees would provide shade as they mature.
The preliminary estimate for all improvements shown in the concept is approximately $950,000:
• Asphalt pump tracks: $450,000
• Concrete skate park: $290,000
• Landscaping: $75,000
• Pedestrian concrete and seating: $60,000
• Drainage: $40,000
• General construction requirements: $35,000
The full concept is approximately $175,000 above the current $775,000 project appropriation. Staff recommends removing the concrete skate park, estimated at $290,000, from the current concept due to its cost. This would allow the City to prioritize the two asphalt loops and their supporting improvements within the available budget.
The skate park could remain excluded or be considered as a second phase if funding or grant opportunities become available in the future.
Staff proposes six-foot black chain-link fencing as a bid alternate, which is anticipated to cost $50,000. The fencing would help secure the facility and direct users through designated entrances with posted rules. If Council wishes to retain the concrete skate park as an option during bidding, staff could include it as a separate bid alternate.
Staff recommends that the City Council receive this report and provide comments on the proposed concept and bid alternates. If Council supports moving forward, staff would proceed with final engineering and construction documents.
Fiscal Impact:
The City has appropriated $775,000 in FY 2026–27 for the Meadowlands Basin Park Pump Track, including $177,952 in State Per Capita Grant funding reimbursable for eligible project costs.
Reviewed by:
_________________________ ___________________________
Soknirorn Than, City Manager Minerva Moreno, Finance Director Attachments:
Pump Track 60% Concepts
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LOS BANOS WHEELS PARK // LOS BANOS, CA // 60% DESIGN DEVELOPMENT // 8.18.26
LOS BANOS
WHEELS PARK
60% DESIGN DEVELOPMENT // AUGUST 18, 2026
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LOS BANOS WHEELS PARK // LOS BANOS, CA // 60% DESIGN DEVELOPMENT // 8.18.26
IF YOUR
CITY
DOESN’T
HAVE A
PUMP
TRACK.
IT IS ONE.
215
LOS BANOS WHEELS PARK // LOS BANOS, CA // 60% DESIGN DEVELOPMENT // 8.18.26 KEY
BENEFITS • ALL NON-MOTORIZED WHEEL TYPES (BIKE, SKATEBOARD, ETC.) • ALL SKILL LEVELS
• ALL AGES
SERVE DIVERSE RANGE OF USER GROUPS
PROVIDE SAFE + DESIGNATED SPACE
WHEEL SPORTS WILL HAPPEN WHETHER THERE IS A DEDICATED
FACILITY OR NOT. THE SAFEST OPTION IS TO CREATE A SPACE SPECIFICALLY DESIGNED FOR THESE SPORTS.
ENCOURAGE POSITIVE OUTDOOR ACTIVITY
POSITIVE ECONOMIC IMPACT
WHEEL SPORTS FACILITIES PROVIDE YOUTH WITH A POSITIVE
ALTERNATIVE TO SCREEN TIME AND ILLICIT BEHAVIOR AND HAVE NUMEROUS PHYSICAL AND MENTAL HEALTH BENEFITS.
MODERN RECREATION AMENITIES LIKE WHEEL SPORTS FACILITIES HAVE
BEEN SHOWN TO CREATE POSITIVE ECONOMIC FOR ADJACENT REAL
ESTATE AS WELL AS THE COMMUNITY AS A WHOLE AS WORD SPREADS AND FAMILIES TRAVEL TO EXPLORE NEW FACILITIES.
216
LOS BANOS WHEELS PARK // LOS BANOS, CA // 60% DESIGN DEVELOPMENT // 8.18.26
CONCEPT DESIGN // LOS BANOS WHEELS PARK
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LOS BANOS WHEELS PARK // LOS BANOS, CA // 60% DESIGN DEVELOPMENT // 8.18.26
CONCEPT DESIGN // LOS BANOS WHEELS PARK
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LOS BANOS WHEELS PARK // LOS BANOS, CA // 60% DESIGN DEVELOPMENT // 8.18.26
CONCEPT DESIGN // LOS BANOS WHEELS PARK
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LOS BANOS WHEELS PARK // LOS BANOS, CA // 60% DESIGN DEVELOPMENT // 8.18.26
CONCEPT DESIGN // LOS BANOS WHEELS PARK
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LOS BANOS WHEELS PARK // LOS BANOS, CA // 60% DESIGN DEVELOPMENT // 8.18.26
CONCEPT DESIGN // LOS BANOS WHEELS PARK
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LOS BANOS WHEELS PARK // LOS BANOS, CA // 60% DESIGN DEVELOPMENT // 8.18.26
CONCEPT DESIGN // LOS BANOS WHEELS PARK
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LOS BANOS WHEELS PARK // LOS BANOS, CA // 60% DESIGN DEVELOPMENT // 8.18.26
CONCEPT DESIGN // LOS BANOS WHEELS PARK
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LOS BANOS WHEELS PARK // LOS BANOS, CA // 60% DESIGN DEVELOPMENT // 8.18.26
CONCEPT DESIGN // LOS BANOS WHEELS PARK
9 2
3 4
5 6
7 8
1 ELEMENT LEGEND
SPECTATOR BENCH
BEGINNER PUMP TRACK LOOP
BANK RAMP
MANUAL PAD
GRIND LEDGE
GRIND RAIL
BANK-TO-CURB
WALL-RIDE
MINI HALF-PIPE
PUMP HUMP
CANTILEVERED SCULPTURE
INTERMEDIATE PUMP TRACK
ACCESS RAMP
10 11
12 13
3 9
1 6
8 7
10 2
5 12
13 4
11 1
1 • • • • • • • • • • • • •
224
LOS BANOS WHEELS PARK // LOS BANOS, CA // 60% DESIGN DEVELOPMENT // 8.18.26
CONCEPT DESIGN // LOS BANOS WHEELS PARK
B
C
D
A
MATERIAL LEGEND
ASPHALT
SPECIALTY CONCRETE
PEDESTRIAN CONCRETE
SYNTHETIC TURF
NATURAL TURF
COBBLES
TREE
A
C
B
D
D
D
D
C
A
A
E
F
G
E
F
F
F
G
G
G
B
B
A
F
F
E
G
G
G
G
F
E
• • • • • • •
225
LOS BANOS WHEELS PARK // LOS BANOS, CA // 60% DESIGN DEVELOPMENT // 8.18.26
COST ESTIMATE // LOS BANOS WHEELS PARK
SCOPE OF WORK: ESTIMATED COST:
GENERAL CONSTRUCTION REQUIREMENTS $35,000.00
PEDESTRIAN CONCRETE & SPECTATOR SEATING $60,000.00
DRAINAGE SYSTEM $40,000.00
ASPHALT PUMP TRACKS $450,000.00
CONCRETE SKATEPARK $290,000.00
LANDSCAPING $75,000.00
GRAND TOTAL: $950,000.00
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Agenda Staff Report
TO: Mayor Amabile and City Council Members
FROM: Joe Heim, Parks and Recreation Director
DATE: October 7, 2026
TYPE OF REPORT: Regular Agenda
SUBJECT: Colorado Ballpark Renovation Project Revised Concept Phasing and Park Development Fund Impact Review
______________________________________________________________________ Recommendation:
Receive an update regarding the proposed Colorado Ballpark Renovation Project, provide direction regarding the proposed project phasing and funding strategy, and authorize staff to continue development of the project.
Background:
Colorado Ballpark, located at 815 Colorado Avenue, opened in June 1959 and has served as the home of Los Banos Little League since 1969. The park includes three ballfields, a skate park, two tennis courts, restroom and concession facilities, and a large parking area. The park shares its site with the Los Banos Municipal Airport and remains one of the most heavily used recreation facilities in the community.
The facility has significant infrastructure and accessibility needs. Existing electrical infrastructure is aging, three ballfield light poles have fallen since 2021, the irrigation system dates to the original development of the park, restroom and concession facilities require replacement, and ADA accessibility throughout the site is limited. The existing skate park, constructed in the late 1990s, is undersized and contains outdated features, while the tennis courts have significant cracking and are in poor condition.
Planning for the renovation of Colorado Ballpark has included multiple rounds of public and stakeholder engagement beginning with the Parks Master Plan process in 2021.
Additional outreach included a community meeting in 2021 for the Rural Recreation & Tourism Grant, and stakeholder meetings with skateboarders and Los Banos Little League in 2023. The project was reviewed by the Parks and Recreation Commission in LOsBanos
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ITEM 11
January and July 2024, March and April 2025, and September 2026. The City Council reviewed the project in March and September 2024 and February, July, and August 2025. Additional community meetings were also held in March 2025.
Consistent priorities throughout the process have included improved ballfields, parking and circulation, an expanded skate park, ADA accessibility, security, and additional recreational opportunities.
The project was most recently presented to the City Council on July 16, 2025. At that time, the conceptual plan proposed a comprehensive renovation of the existing park footprint, including three reconstructed ballfields, a larger skate park, centralized parking, a consolidated restroom and concession building, open green space, and a perimeter walking loop. The concept also proposed removal of the existing tennis courts.
In 2025, the City secured $1 million through a Legislatively Specified State Grant for improvements at Colorado Ballpark.
Discussion:
Following additional design development and review of project costs, staff and the project consultant have revised the conceptual plan to better align the renovation with the existing layout of Colorado Ballpark and allow construction to occur in two major phases.
The revised concept continues to provide three reconstructed ballfields, removal of the existing tennis courts, an enlarged and modernized skate park, improved parking and circulation, new restroom and concession facilities, landscaping, lighting, and pedestrian improvements. The revised layout, however, more closely follows the current configuration of the park rather than substantially relocating the ballfields and other major facilities.
Phase 1 would primarily include reconstruction of the two southern ballfields and associated infrastructure. Improvements would include artificial turf infields, dugouts, fencing, sports lighting, bleachers, scoreboards, utilities, landscaping, pedestrian improvements, and a new restroom and concession building. The northern ballfield would be included as a bid alternate, allowing the City to construct all three fields during Phase 1 if bid results and available funding permit.
The estimated construction cost for Phase 1 is $7,853,610. Artificial turf infields are included as part of the reconstructed fields and are preferred by Los Banos Little League. The turf would reduce irrigation demand and recurring field maintenance, provide more consistent playing conditions, and increase year-round playability.
Reduced impacts from weather and field deterioration would also allow the facility to accommodate additional practices, games, and tournaments while reducing long-term demands on Parks maintenance staff. If the northern ballfield bid alternate is awarded, the field would also include an artificial turf infield.
Phase 2 is currently estimated at $8,909,990 and would complete the remaining major improvements to Colorado Ballpark. This estimate includes artificial turf for the northern ballfield. This phase would include the expanded skate park, open green space and warm-up area, reconstructed parking lot, landscaping, pedestrian improvements, and 228
perimeter walking loop. If the northern ballfield is not constructed through the Phase 1 bid alternate, it would also be completed as part of Phase 2. The revised parking lot would provide approximately 125 parking spaces. Angled parking along Colorado Street would also remain.
Another significant Phase 2 improvement is the perimeter walking loop around the parking lot and northern ballfield. The loop would add a passive recreation component to the sports complex and provide an opportunity for parents and family members to walk within the park while children participate in games or practices. Walking trails have been identified as a desired improvement throughout the planning process.
The conceptual plan identifies several Phase 2 improvements physically located within the Phase 1 portion of the park. These include the picnic shade structure, batting cages, and scorekeeper booths.
The Parks and Recreation Commission reviewed the revised conceptual design and proposed phasing on September 8, 2026. The Commission did not request changes to the overall concept but expressed a preference for completing the project in a single phase if funding permits. The Commission also acknowledged the financial constraints affecting the project and expressed support for developing replacement tennis courts at another park when funding becomes available.
Based on that review, staff is presenting the revised concept and two-phase approach to the City Council for consideration.
The City has appropriated $800,000 from the Park Development Fund for Colorado Ballpark in FY 2026-27. The City has also secured $1 million through a Legislatively Specified State Grant for improvements at Colorado Ballpark. Together, approximately $1.8 million has been identified toward the estimated $7,853,610 Phase 1 cost, leaving approximately $6,053,610 to fund the remainder of Phase 1. The northern field bid alternate could increase the Phase 1 cost depending on the options ultimately awarded.
The Park Development Fund is used to fund eligible capital improvements that expand and improve the City’s park and recreation system in response to community development. The Fund supports construction, expansion, and major capital improvements but is not intended to support ongoing operations, programming, staffing, or routine maintenance.
The FY 2026-27 Park Development Fund budget includes:
• $4,185,000 in appropriated expenditures.
• $1,823,952 in adopted revenue.
• A projected ending balance of $10,831,887 after accounting for the adopted revenue and appropriated expenditures.
The City also anticipates that approximately $433,729 in remaining development-specific park fund balances may be transferred to the Park Development Fund during the next several years. These transfers would increase the projected balance to approximately $11,265,616. Maintaining a minimum reserve of $1 million for miscellaneous projects, unforeseen costs, and other park needs would leave approximately $10,265,616 potentially available for major capital projects.
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The City has identified several anticipated projects that may require funding from the Park Development Fund. Expenditures for some projects could begin as soon as FY 2027-28, while others may be five or more years from construction. These anticipated projects include:
• Colorado Ballpark Phase 1 remaining cost: approximately $6,053,610 after accounting for the FY 2026-27 appropriation and $1 million State grant. • Colorado Ballpark Phase 2: approximately $8,909,990.
• Aquatics Center: approximately $13 million to $16 million. • Dock Avenue Park: approximately $1.2 million.
• Northpointe Park: approximately $1.8 million.
• Northpointe Trail: approximately $1.5 million.
• Ag Complex solid waste disposal site: cost, scope and development schedule have not yet been established.
• Additional parks, trails and recreational facilities that may be accepted by the City through future residential development.
Excluding the Ag Complex and future development-related facilities for which estimates have not been prepared, the City has identified approximately $32.46 million to $35.46 million in anticipated park and recreation capital needs over the next ten years. These projects will be phased over multiple fiscal years, and the Park Development Fund’s projected available balance of approximately $10.27 million represents only the funding currently available after maintaining the $1 million reserve.
The Park Development Fund will continue to receive impact fee revenue as residential development occurs. Actual Fund 250 revenue over the last six completed fiscal years was:
• FY 2019-20: $1,300,374
• FY 2020-21: $1,345,825
• FY 2021-22: $911,129
• FY 2022-23: $2,249,811
• FY 2023-24: $1,730,355
• FY 2024-25: $2,093,357
These six years produced average annual revenue of approximately $1.61 million. For long-term planning purposes, using an average of approximately $1 million to $1.6 million per year would provide a more conservative range and could generate approximately $10 million to $16 million over the next ten years.
When combined with the approximately $10.27 million currently available, the Park Development Fund could provide approximately $20.27 million to $26.27 million toward the identified projects over the next ten years. This amount does not include future grants, Measure H, General Fund or other City contributions, partnerships, or other funding allocations that may be available for individual projects. Park Development Fund revenue is based on residential development and is not guaranteed. Revenue could be significantly lower during periods of limited housing construction and has fallen to zero in prior years.
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The availability of future revenue, grants and other City funding makes completion of the identified projects more achievable over the ten-year planning period. The City may also consider financing supported by future Park Development Fund revenue to secure construction funding earlier. This could allow priority projects to proceed sooner and reduce exposure to future construction-cost escalation while spreading the Fund’s contribution over a longer period.
Staff is seeking City Council direction on the revised conceptual design, proposed project phasing, and development of a coordinated funding strategy for Colorado Ballpark. A presentation for the Aquatics Center project is anticipated in October 2026.
Fiscal Impact:
The FY 2026-27 budget includes an $800,000 Park Development Fund appropriation for Colorado Ballpark. If directed by the City Council, the existing appropriation could be used to complete engineering and prepare the Phase 1 project for bidding.
Phase 1 is currently estimated at approximately $7.85 million. Once construction bids are received, staff would return to the City Council with the actual bid results and any additional budget appropriation or financing necessary to award the project. The City’s $1 million Legislatively Specified State Grant would reimburse eligible project expenditures. No construction funding or contract award is authorized by the action currently before the City Council.
Reviewed by:
_________________________ ___________________________
Soknirorn Than, City Manager Minerva Moreno, Finance Director Attachments:
Colorado Ballpark Concept 1
Colorado Ballpark Concept 2
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COLORADO BALLPARK RENOVATION
Los Banos, California 23043_MasterPlan_260825.indd
AUGUST 28, 2026
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1. Ballfield, 90’ Basepaths, 300’ Homerun Fence
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5. ‘Baseball’ Plaza
6. Drop-Off
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10. Sports Complex Entry Sign
11. Picnic Area With Shade Structure, Phase 2
12. Perimeter Walking Loop
13. Batting Cage, Phase 2
14. Bio-Retention Area
15. Ballfield, 60’ Basepaths, 200’ Homerun Fence
16. Warning Track
17. Scoreboard
18. Dugout
19. Bullpen
20. Field Lighting
21. Bleacher
22. Restroom,Concession, and Utility Building
23. Scorekeeper’s Booth, Phase 2
24. Equipment Storage Containers (2)
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CONCEPTUAL PLAN
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Los Banos
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COLORADO BALLPARK RENOVATION
Los Banos, California 23043_MasterPlan_260825.indd
AUGUST 28, 2026
COLORADO AVE
P I N E
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LEGEND
1. Ballfield, 90’ Basepaths, 300’ Homerun Fence
2. Open Lawn/Warm-up Area, 9,200 s.f.
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5. ‘Baseball’ Plaza
6. Drop-Off
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8. Parking Lot Lighting
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10. Sports Complex Entry Sign
11. Picnic Area With Shade Structure, Phase 2
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13. Batting Cage, Phase 2
14. Bio-Retention Area
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16. Warning Track
17. Scoreboard
18. Dugout
19. Bullpen
20. Field Lighting
21. Bleacher
22. Restroom,Concession, and Utility Building
23. Scorekeeper’s Booth, Phase 2
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25. Home Plate Entry and Gateway Arch
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CONCEPTUAL PLAN
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Agenda Staff Report
TO: Mayor Amabile and City Council Members
FROM: Joe Heim, Parks and Recreation Director
DATE: October 7, 2026
TYPE OF REPORT: Regular Agenda
SUBJECT: Southpointe Basin Park Concept Review
______________________________________________________________________ Recommendation:
Receive a report on the proposed Southpointe Basin Park project and provide directions regarding any desired changes or whether staff should proceed with engineering and design.
Background:
The Southpointe Basin is a 9.52-acre stormwater detention basin located along Ward Road and the Grasslands Canal, north of Pacheco High School.
The City Council accepted the property on April 16, 2025, for use as a stormwater detention basin and future park.
Public meetings were held on November 13 and 15, 2025. Residents expressed interest in a walking and jogging path, trees and landscaping, shaded picnic areas, exercise opportunities, drinking water, trash and recycling receptacles, and a future connection to the planned trail along the canal. Parking was also identified as a concern.
Grasslands Water District requested that the project maintain adequate access for canal operations and maintenance. The District also requested that fencing and tree placement be coordinated with its operational needs.
Initial concepts considered developing more of the basin with irrigated turf, a walking loop and recreational amenities. Those concepts were estimated to cost between approximately $3.25 million and $4 million. Because of the cost, staff began evaluating a smaller project that would provide useful improvements while preserving the opportunity for future phases.
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At the Crossroads of California
235
ITEM 12
The Parks and Recreation Commission reviewed a reduced project concept in July 2026.
One of the commissioners supported hydroseeding but expressed a preference for retaining a looping pathway and emphasized the importance of shade and greenery.
Another commissioner emphasized the looping trail connection and discussed phasing the project, including the possibility of adding irrigated turf and other improvements in the future.
Following that discussion, staff and the project consultant continued evaluating the project scope and costs. The looping pathway and development of the larger basin were not included in the updated concept because of the additional cost. The revised concept was presented to the Parks and Recreation Commission on September 8, 2026. The Commission did not request any additional changes at that meeting.
Discussion:
The proposed project focuses on three primary improvements:
• Continue the existing wide sidewalk along Ward Road for the full frontage of the basin.
• Install fencing along Ward Road and hydroseed the basin for erosion control and stabilization.
• Develop the relatively flat northern portion of the property as a small picnic and shade area.
The Ward Road sidewalk currently extends north from the Pacheco High School area but ends before reaching Northpointe. Completing the sidewalk along the Southpointe Basin would close that gap and provide a future connection to the planned Northpointe and canal trail systems.
The proposed picnic and shade area would include a shade sail, three standard picnic tables, one ADA-accessible picnic table, a triple hammock feature, a bike rack, trash and recycling receptacles, landscaping, irrigation and 14 trees. The area would be fenced and gated separately from the larger basin.
The remainder of the property would continue to function primarily as a stormwater detention basin. It would not be opened for active recreational use as part of the current project. A walking loop, irrigated turf and additional recreational improvements could be considered as a future phase if funding becomes available. This is consistent with the adopted Final Development Plan #2015-01. Per the plan, this open space area is to be served primarily as a basin.
The preliminary construction cost for the proposed project is approximately $1.35 million.
This amount does not include engineering, design and certain other project-related costs.
The project would be funded through the Park Development Fund.
The proposed concept provides a first phase that completes an important pedestrian connection, addresses the condition of the basin and creates a shaded neighborhood and trail amenity. It also allows the City to improve the property without committing funding to full development of the basin at this time.
Staff is requesting City Council direction regarding the proposed concept, any desired design changes and whether staff should proceed with engineering and design. 236
Fiscal Impact:
The FY 2026-27 adopted budget includes $1.68 million in the Park Development Fund for the Southpointe Basin Park project.
The proposed concept has a preliminary construction estimate of approximately $1.35 million. Engineering, design, permits, utility fees, soils engineering and certain other project costs are not included in that estimate.
If the City Council directs staff to proceed, engineering and design would be completed within the existing project appropriation. Staff would return to the City Council with the final project scope and updated cost before awarding a construction contract.
Reviewed by:
_________________________ ___________________________
Soknirorn Than, City Manager Minerva Moreno, Finance Director Attachments:
Southpointe Basin Park Concept
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Agenda Staff Report
TO: Mayor Amabile and City Council Members
FROM: Stacy Souza Elms, Community and Economic Development Director DATE: October 7, 2026
TYPE OF REPORT: Public Hearing
SUBJECT: Conditional Use Permit (CUP) #2026-06 to Allow the Sale of Alcohol Under a Type 20 Off-Sale Beer and Wine License for El Junior Market Located at 740 G Street
______________________________________________________________________ Recommendation:
That the Council adopt a Resolution finding the project categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Existing Facilities), and approving Conditional Use Permit #2026-06 to allow the sale of alcohol under a Type 20 Alcoholic Beverage Control (ABC) Off-Sale Beer and Wine License for El Junior Market located at 740 G Street.
Background:
The project site is located at 740 G Street and is developed with an existing commercial building previously occupied by Los Amigos Market. The site formerly operated under a Type 21 ABC Off-Sale General Alcohol License allowing the sale of beer, wine, and distilled spirits. The ABC license expired on September 30, 2024, and the associated business license was subsequently canceled. Because the use was discontinued and the ABC license expired, the prior entitlement is no longer valid.
The Planning Commission considered the application at a duly noticed public hearing on August 26, 2026, and adopted Resolution No. 2026-22 recommending approval of the CUP to the City Council.
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At the Crossroads of California
243
ITEM 13
Discussion:
The project involves reopening an existing market within the General Commercial (C-1) zoning district. The applicant is requesting approval to sell beer and wine for off-site consumption under a Type 20 ABC license. No physical changes to the building are proposed.
LOCATION AND ACCESS:
The project site is located at 740 G Street, Assessor’s Parcel Number: 025-111-021. The project site can be accessed from G Street and 8th Street.
LAND USE:
Property Land Use Zone General Plan
Project site Commercial C-1 Neighborhood Commercial
North Residential R-1 Low Density Residential
CUP#2026-06 - El Junior Market
244
South Rail Trail R-C Downtown Mixed Use
East Vacant C-1 Neighborhood Commercial
West Vacant C-1 Neighborhood Commercial
C-1 = General Commercial R-1 = Low Density Residential
R-C = Rail Corridor
ENVIRONMENTAL ASSESSMENT:
Pursuant to the California Environmental Quality Act (CEQA) and the City of Los Banos Environmental Quality Guidelines, it has been determined that this project is found to be categorically exempt from the provisions of CEQA – Article 19, Section 15301. The applicant’s request for an off-sale beer and wine license involves the permitting and licensing of an existing private structure and does not include any expansion of the facility at 740 G Street, APN: 025-111-021.
USE PERMIT ANALYSIS
Code Requirements
Pursuant to the Los Banos Municipal Code Section 9-3.2322, a Conditional Use Permit is required for any establishment dispensing for sale or other consideration alcoholic beverages, including beer and wine, for on-sale or off-sale. The Planning Commission is the recommending body and the City Council is the decision-making body for Conditional Use Permits for the on-sale and off-sale of alcoholic beverages. A Conditional Use Permit may be granted if the proposed use is conforming to the following criteria:
General Use Permit Criteria:
1. That the proposed use and project is consistent with the City of Los Banos General Plan, and Los Banos Municipal Code;
2. That the proposed use or project will not be a nuisance or detrimental to the public health, safety, morals, comfort, and general welfare of the persons residing or working in the neighborhood of such proposed use;
3. That the proposed use is compatible with the adjacent uses, properties and neighborhoods and will not be detrimental or injurious to property and improvement in the neighborhood or to the general welfare of the City.
Specific On-Sale and Off-Sale Alcoholic Beverages Criteria:
1. That the proposal will not contribute to undue proliferation of such uses in an area where additional ones would be undesirable with consideration given to the area’s function and character, problems of crime and loitering, and traffic problems and capacity;
2. That the proposal will not adversely affect adjacent or nearby churches, temples, or synagogues; public, parochial, or private elementary, junior high, or high schools; public parks or recreation centers; or public or parochial playgrounds; 245
3. That the proposal will not interfere with the movement of people along an important pedestrian street; and
4. That where the proposed use is in close proximity to residential uses, and especially to bedroom windows, the use will be limited in hours of operation, or designed operated so as to avoid the disruption of residents’ sleep between the hours of 10:00 p.m. and 7:00 a.m.
Staff has evaluated the proposal pursuant to the above criteria set forth in the Municipal Code and offers the following observations:
1. The primary use is a convenience market.
2. The surrounding area, adjacent uses, and function are primarily commercial in nature with existing residential uses to the north and church uses to the west. A convenience market for the off-sale of beer and wine in this location is consistent with the uses of the General Commercial Zoning District with attainment of a Conditional Use Permit.
3. Staff is unaware of any significant problems related to crime and loitering, in the surrounding area which would be exacerbated by the off-sale of beer and wine at this location.
4. The approval of the sale of beer and wine for off-site consumption will not contribute to the undue proliferation of alcohol sales in the area where that use would be undesirable taking into account the characteristics of the area.
Additionally, the entitlement will include conditions of approval which will regulate the operational characteristics of allowing the off-sale of beer and wine and are intended to preserve the public health, safety, or welfare of persons and property in the vicinity including crime prevention and loitering.
5. The proposed use located within the vicinity of a place of worship located at 730 G Street. Because alcohol sales are limited to off-site consumption, the proposed use is not expected to adversely affect the operation of the adjacent place of worship.
6. The project is located on 740 G St., which is primarily occupied by commercial uses and is with existing residential uses to the north along with church uses to the west. Conditions of approval will regulate loitering and operational characteristics to ensure that the proposal will not interfere with the movement of people along the public right-of-way.
7. There are existing residential units in the immediate vicinity of the project site. The project site is located 740 G St. and will not directly impact the existing residential uses in the surrounding vicinity. The closest residential use is approximately 110 ft north to the convenience market. The off-sale of beer and wine is not anticipated to adversely affect surrounding properties because alcoholic beverages will be purchased for off-site consumption and will not be consumed on the premises. In addition, the project site previously operated under a grandfathered Type 21 ABC 246
license, which authorized the off-sale of general alcoholic beverages at the location. The proposed Type 20 ABC license for the off-sale of beer and wine would represent a lower-intensity alcohol sales use than the previously authorized Type 21 General Alcohol license. Therefore, the proposed use would not introduce alcohol sales to the site for the first time, but rather would establish a less intensive form of alcohol sales than what was previously permitted at the location. The project will also include conditions of approval which regulate the operational characteristics of allowing the sale of general alcohol for off-site consumption and are intended to preserve the public health, safety, and welfare of persons and property in the vicinity. Therefore, the proposed use will not disrupt sleeping activities to the neighboring residences.
All sales of alcohol will be conducted within the convenience market and must be consumed off the premises. In addition, the project will be subject to conditions which will mitigate any adverse effects on the surrounding neighborhood and are intended to preserve the public health, safety, and welfare of persons and property in the vicinity. The convenience market, will also be subject to the Los Banos Municipal Code Noise Ordinance.
Alcoholic Beverage Control
The Alcoholic Beverage Control Board (ABC) is the issuing authority for a Type 20 alcohol license. The City’s authority for the sale of alcohol is through its land use powers embodied within the Los Banos Zoning Code.
ABC has the authority according to Section 23801 of the Business and Professions Code to exercise certain conditions under the license, the personal qualifications of the licensee, the conduct of the business or the condition of the premises, which will protect the public welfare and morals, including, but not limited to, the following:
a) Restrictions as to hours of sale
b) Display of signs
c) Employment of designated persons
d) Types and strengths of alcoholic beverages to be served where such types or strengths are otherwise limited by law
e) The portion of the privileges to be exercised under the license f) The personal conduct of the licensee
ABC may also refuse to issue a license to any person who has violated the Alcoholic Beverage Control Act, has a disqualifying criminal record, or is otherwise disqualified.
Census Tract
The project site is located in census tract 22.01.
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As of the date of this report, there are ten (10) off-sale licenses currently active in this specific census tract. The nearest active off-sale alcohol license within census tract 22.01 is La Michoacana located at 655 I Street, approximately 1,100 feet from the project site.
This application will increase the amount of active off-sale licenses if approved.
License
Type Business Name Address
20 Pacheco Chevron 1164 E. Pacheco Blvd.
20 La Michoacana Carneceria 820 W. Pacheco Blvd.
20 Santa Fe Foods 1109 6th St.
20 ARCO AM/PM 1550 W. Pacheco Blvd.
20 La Michoacana 655 I St.
21 Town & Country Liquor 1248 E. Pacheco Blvd.
20 La Morenita Tortilleria & Meat Market 705 W. H St.
21 Beverage House Liquor #11 547 W I St.
21 Buy N Save Market 225 7th St.
21 Rooney’s Discount Liquor Inc. 310 W. Pacheco Blvd.
Type 20 license = off-sale beer and wine Type 21 license = off-sale general alcohol
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PUBLIC COMMENT:
A public hearing notice was published in The Westside Express and mailed to property owners within a 300 foot radius of the project site on Wednesday, September 23, 2026.
As of the date of this staff report, no comments have been received.
Fiscal Impact:
None
Reviewed by:
_______________________________ _______________________________ Soknirorn Than, City Manager Minerva Moreno, Finance Director Attachments:
1. Resolution
Exhibit A CEQA Findings
Exhibit B Project Findings
Exhibit C Conditions of Approval
2. Site Plan
3. Security Camera Plan
4. Site Photos
5. Public Hearing Notice – September 23, 2026
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RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS FINDING THE PROJECT
CATEGORICALLY EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
PURSUANT TO SECTION 15301 AND
APPROVING CONDITIONAL USE PERMIT #2026-
06 TO ALLOW THE SALE OF ALCOHOL UNDER
A TYPE 20 OFF-SALE BEER AND WINE LICENSE
FOR EL JUNIOR MARKET LOCATED AT 740 G
STREET
WHEREAS, the applicant, Antemio Cortez dba El Junior Market, has requested that the City of Los Banos consider Conditional Use Permit #2026-06 to allow the use of a Type 20 Alcoholic Beverage Control License for the off-sale of beer and wine at El Junior Market located at 740 G Street, Assessor's Parcel Number: 025-111-021; and WHEREAS, a public hearing notice was published in The Westside Express and mailed to property owners within a 300-foot radius of the project site on August 12, 2026, in accordance with the Los Banos Municipal Code and Government Code Section 65091; and
WHEREAS, the Los Banos Planning Commission conducted a duly noticed public hearing on August 26, 2026, reviewed the Conditional Use Permit application and staff report, considered the compatibility of the proposed use with adjacent land uses, and adopted Resolution No. 2026-22 recommending approval of Conditional Use Permit #2026-06 to the City Council; and
WHEREAS, the City Council of the City of Los Banos has conducted a duly noticed public hearing on October 7, 2026, reviewed the application, staff report, Planning Commission recommendation, and all testimony and evidence presented; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA) and the City of Los Banos Environmental Quality Guidelines, Conditional Use Permit #2026-06 was determined to be categorically exempt under CEQA Guidelines Section 15301 (Existing Facilities) because the project involves the permitting and licensing of an existing commercial facility with no expansion of use; and WHEREAS, the proposed project satisfies the applicable Conditional Use Permit findings contained in Section 9-3.2322 of the Los Banos Municipal Code. 251
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby make the findings set forth in Exhibit A (CEQA Findings) and Exhibit B (Findings for Approval), attached hereto and incorporated herein by this reference.
BE IT FURTHER RESOLVED that the City Council hereby finds the project categorically exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15301 (Existing Facilities), and approves Conditional Use Permit #2026-06 to allow the off-sale of beer and wine under a Type 20 ABC License for El Junior Market located at 740 G Street subject to the Conditions of Approval contained in Exhibit C, attached hereto and incorporated herein by this reference.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 7th day of October 2026, by Council Member ______ who moved its adoption, which motion was duly seconded by Council Member ______ and the Resolution adopted by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
__________________________
Michael S. Amabile, Mayor
ATTEST:
___________________________
Lucille L. Mallonee, City Clerk
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EXHIBIT A
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS FOR CONDITIONAL USE PERMIT #2026-06 – EL JUNIOR MARKET
Pursuant to the requirements of California Public Resources Code Section 21000 et seq. (“CEQA”) and Title 14, California Code of Regulations Section 15000 et seq. (the “CEQA Guidelines”), the City as Lead Agency under CEQA adopts the following findings required by CEQA, along with the facts and evidence upon which each finding is based.
The City Council of the City of Los Banos hereby finds as follows:
1. Pursuant to CEQA, the CEQA Guidelines, and the City of Los Banos Environmental Quality Guidelines, Conditional Use Permit #2026-06 was evaluated and determined to be categorically exempt per Article 19, Section 15301 as the request for the off-sale of beer and wine involves the permitting and licensing of an existing private structure and involves no expansion at 740 G Street, APN 025-111-021.
2. Conditional Use Permit #2026-06 was adequately noticed on Wednesday, September 23, 2026, for consideration at a public meeting on Wednesday, October 7, 2026.
3. No further environmental documentation is required as the Conditional Use Permit was contemplated and adequately analyzed in the initial review.
4. Prior to considering the proposed Project, the City Council considered the Categorical Exemption.
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EXHIBIT B
FINDINGS FOR APPROVAL FOR CONDITIONAL USE PERMIT #2026-06 – EL
JUNIOR MARKET
The City Council of the City of Los Banos hereby finds as follows:
1. General Findings:
a. The project is consistent with the City of Los Banos General Plan.
The existing General Plan land use designation for the project site is Neighborhood Commercial. This designation is intended for a mix of neighborhood-serving commercial uses that include small-scale office space and small retail stores, such as grocery stores and pharmacies, serving local residents. Development must be pedestrian-friendly and incorporate public amenities such as fountains, seating areas, and/or shade. Houses of worship and other places for religious assembly as well as private schools and colleges are permitted in residential and commercial areas, subject to appropriate development standards and use-permit requirements.
The following specific General Plan Goals, Objectives, and Policies are applicable to the proposed project:
ECONOMIC DEVELOPMENT GOAL ED-2:
Seek and promote particular businesses or development projects that provide needed local goods, services, employment, or those that enhance the city’s physical and social wellbeing and quality of life.
ECONOMIC DEVELOPMENT GOAL ED-4:
Make Los Banos an ideal place to do business by fostering a businessfriendly climate.
LAND USE GOAL LU-5:
Provide residents with excellent employment and shopping opportunities.
Evidence/Analysis: El Junior will have the ability to provide a wider range of products and services for customers, allowing the business to compete with similar establishments in the community. The proposed commercial use is compatible with and complementary of existing uses adjacent to the project site. The proposed site previously held a Type 21 ABC license for off-sale general alcohol, which represents a higher-intensity alcohol license.
The proposed use would reinstate alcohol sales at the premises through a Type 20 ABC license for off-sale beer and wine, which represents a lowerintensity use than what was previously permitted at the site. In addition, the 255
project would also be consistent with General Plan land use policies as set forth above.
b. The zoning designation for the project site is General Commercial (C-1).
The purpose of the General Commercial Zoning District is to provide a district for the sale of goods and services which meet the needs of a broad trade area.
Evidence/Analysis: The proposed use complies with the Los Banos Municipal Code Title 9, Chapter 3, Article 12 as the use will be consistent with the surrounding area and adjacent uses. A convenience market providing the off-sale of beer and wine is permitted in this location with an approved Conditional Use Permit.
2. That the proposed use or project will not be a nuisance or detrimental to the public health, safety, morals, comfort, and general welfare of the persons residing or working in the neighborhood of such proposed use.
Evidence/Analysis: The off-sale of beer and wine will be conducted in accordance with ABC regulations and Conditions of Approval and is not expected to create a nuisance or adversely affect surrounding properties.
3. That the proposed use is compatible with the adjacent uses, properties, and neighborhoods and will not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City.
Evidence/Analysis: The proposed use will not result in significant operational changes to the surrounding area. The project would include conditions of approval which regulate the operational characteristics of allowing the off-sale of alcohol and are intended to preserve the public health, safety, or welfare of persons and property in the vicinity.
Specific Findings
1. That the proposal will not contribute to undue proliferation of such uses in an area where additional ones would be undesirable with consideration given to the area’s function and character, problems of crime and loitering, and traffic problems and capacity.
Evidence/Analysis: The primary use in conjunction with the off-sale of beer and wine for off-site consumption is a convenience market. As reflected in the staff report, the number of off-sale licenses in the Census Tract is currently ten (10).
This proposal will increase the number of active licenses if approved. The census tract area and function is primarily General Commercial in nature, and is entirely consistent with a convenience market and the sale of beer and wine for off-site consumption. The proposed off-sale of beer and wine is complementary to the 256
convenience market use that is compatible with existing uses in the area. The project would include conditions of approval which regulate the operational characteristics of allowing the selling of beer and wine for off-site consumption and are intended to preserve the public health, safety, or welfare of persons and property in the vicinity including crime prevention and loitering. Staff is unaware of any significant problems in the area related to crime and loitering, which would be negatively affected by the off-sale of general alcohol at this location.
2. That the proposal will not adversely affect adjacent or nearby churches, temples, or synagogues; public, parochial, or private elementary, junior high, or high schools; public parks or recreation centers; or public or parochial playgrounds.
Evidence/Analysis: The project is located within the vicinity of a place of worship at 730 G Street. The off-sale of beer and wine is not anticipated to adversely impact the surrounding vicinity, as the off-sale of beer and wine will be purchased for consumption off-site and will not be consumed on the premises. Conditions of Approval have been incorporated into the project which regulate the operational characteristics of allowing the selling of beer and wine for off-site consumption and are intended to preserve the public health, safety, or welfare of persons and property in the vicinity and therefore will not have an adverse effect to the nearby place of worship.
3. That the proposal will not interfere with the movement of people along an important pedestrian street.
Evidence/Analysis: Alcohol will not be allowed to be consumed on the premises of the convenience market at any time and it is not anticipated that persons will congregate on sidewalks or streets as a result of the proposed use. Signage will also be provided on the property and building which prohibit loitering. It is not anticipated that the off-sale of beer and wine at this location will adversely affect any important pedestrian right of ways.
4. That where the proposed use is in close proximity to residential uses, and especially to bedroom windows, the use will be limited in hours of operation, or designed operated so as to avoid the disruption of residents’ sleep between the hours of 10:00 p.m. and 7:00 a.m.
Evidence/Analysis: Residential uses are located within the immediate vicinity of the project site. The project site is located 740 G Street and will not directly impact the existing residential uses in the surrounding vicinity. The closest residential use is approximately 110 ft north to the convenience market. The off-sale of beer and wine is not anticipated to adversely impact the surrounding vicinity, alcoholic beverages will be purchased for off-site consumption off-site and will not be consumed on-site. In addition, the project site previously operated under a grandfathered Type 21 ABC license, which authorized the off-sale of general alcoholic beverages at the same location. The proposed Type 20 ABC license for 257
the off-sale of beer and wine would represent a lower-intensity alcohol sales use than the previously authorized Type 21 General Alcohol license. Therefore, the proposed use would not introduce alcohol sales to the site for the first time, but rather would establish a less intensive form of alcohol sales than what was previously permitted at the location. The project will also include conditions of approval which regulate the operational characteristics of allowing the sale of general alcohol for off-site consumption and are intended to preserve the public health, safety, and welfare of persons and property in the vicinity. Therefore, the proposed use will not disrupt sleeping activities to the neighboring residences. 258
EXHIBIT C
CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT #2026-06 – EL
JUNIOR MARKET
1. The following conditions of approval shall apply to and be applicable to the applicant, property owner, and/or operator. Reference to applicant, property owner, and/or operator shall be interpreted to include all.
2. Conditional Use Permit #2026-06 is for Antemio Cortez DBA El Junior Market located at 740 G Street, Assessor’s Parcel Number: 025-111-021 and the requested use shall automatically and without notice expire after one (1) year from date of approval by the Los Banos City Council unless commenced. The City for cause may revoke this Conditional Use Permit. Any expansion, intensification, or significant change to the primary use and the uses approved under this Conditional Use Permit shall be permitted only upon modification of this Conditional Use Permit or approval of a separate Conditional Use Permit application. The Conditional Use Permit shall automatically and without notice expire one year after discontinuance of the primary use and/or the uses approved under the Conditional Use Permit.
3. The applicant/operator shall comply with all other requirements, laws and policies of other governmental agencies in the conduct and operation of said business.
4. The applicant/operator shall obtain and maintain an active Type 20 “off-sale of beer and wine” license as defined by the Department of Alcoholic Beverage Control and shall provide a copy of said license upon issuance by the Alcoholic Beverage Control to the Community and Economic Development Department prior to the sale of alcohol on the premises.
5. A copy of these Conditions of Approval and the California Department of Alcoholic Beverage Control license are required to be kept on the premises and presented to any law enforcement officer or authorized City official upon request.
6. The applicant/operator shall be responsible for maintaining the exterior of the premises free of litter and trash at all times including the parking lot areas in front of the premises. No storage of equipment, supplies, or merchandise of any kind shall be allowed in the front or rear exterior of the building. All deliveries shall be made from the rear of the building.
7. The City reserves the right to review and/or revoke this permit should the applicant not adhere to the Conditions of Approval. The City may amend or impose new conditions to mitigate adverse effects in the neighborhood resulting from the use of alcohol on the premises.
8. The store shall operate between 6:00 a.m. to 12:00 a.m. Monday through Sunday only.
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9. The applicant/operator agrees to indemnify, hold harmless, and defend the City of Los Banos, its officers, agents and employees from any and all liability or claims that may be brought against the City of Los Banos arising out of its approval of this permit, or the environmental determination rendered in connection with the permit approval, or arising out of the operation of the use or uses allowed under the permit, save and except that caused solely by the City’s active negligence.
10.The exterior of the premises, including parking lot areas (front and rear), shall be sufficiently illuminated, to the satisfaction of the Police Chief, during all hours of darkness when the premises are open for business in a manner so that persons accessing those areas at night are identifiable by law enforcement personnel.
11.The premises shall be operated primarily as a convenience market as described in the application prepared by the applicant and filed with the Community and Economic Development Department. Any substantial or significant changes in use or operation of the premises from the Operational Statement may cause a review, amendment or revocation of the Conditional Use Permit. The applicant shall notify the Community and Economic Development Department of any substantial or significant changes in use or operation of the premises from the Operational Statement. The off- sale of beer and wine shall be ancillary to the primary use as a convenience market.
12.The use of the premises of the subject site shall be consistent with the Conditions of Approval and shall not be operated in a manner that deviates from the approved Conditional Use Permit filed application and operational statement, which shall constitute a violation and may result in the revocation or modification of the permit upon written notice to the owner of the subject site.
13.Authorization of a Conditional Use Permit granted pursuant to the provisions of Section 9-3.2322 of the Los Banos Municipal Code shall continue to be valid upon change of ownership of the site or structure which was the subject of the Conditional Use Permit application provided the use shall be subject to all provisions of the Municipal Code and all conditions placed on approval of the Conditional Use Permit are continually met. The applicant shall immediately notify the Community and Economic Development Department of any changes in ownership.
14.This Conditional Use Permit shall be subject to revocation by the Community and Economic Development Director or the Planning Commission upon a finding that:
a. Conditions of approval have not been fulfilled;
b. There has been a significant change or intensification of the approved use; 260
c. The use has resulted in a nuisance or detriment to the public health, safety, morals, comfort, and general welfare of the persons residing or working in the neighborhood or is detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City.
15.Consumption of alcohol shall not be allowed on the premises of the convenience market.
16.No loud amplification of music or voice shall be allowed outside.
17.The applicant/operator shall have monitoring cameras in the exterior and interior of the convenience market at all times to the satisfaction and approval of the Police Chief. The applicant shall always maintain the surveillance equipment in working order and keep the video recordings for 30 days to be made available to law enforcement upon request.
18.The premises shall be operated in accordance with the Los Banos Municipal Code Noise Ordinance.
19.The applicant shall acknowledge and execute receipt of a copy of the foregoing Conditions of Approval.
20.The applicant/operator shall provide signs prohibiting loitering on the property and/or building subject to the approval of the Community and Economic Development Director.
21.This approval is conditioned upon and shall be effective upon payment in full of all outstanding invoices pursuant to the Cost Recovery Contract. 261
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