Los Banos City Council Agenda – October 7, 2026 Page 1 of 6 www.losbanos.org
AGENDA
CITY COUNCIL MEETING
AND
LOS BANOS SUCCESSOR AGENCY MEETING
*Both meetings to run concurrently*
Meeting Location:
CITY HALL COUNCIL CHAMBERS
520 J Street
Los Banos, California
October 7, 2026 – 6:00 PM
ZOOM LOGIN INSTRUCTIONS
Use the following URL to start Zoom:
https://zoom.us/j/98473588658?pwd=gLdkv11txCbTnrw1NZk6Urzuwcg6mO.1 Passcode: 664223
To participate by phone:
Dial: 1 (669) 444 - 9171
Webinar ID: 984 7358 8658
Staff highly recommends that participants log into Zoom 15 minutes before the meeting begins to perform an audio check and ensure they have an optimal internet connection.
Options to participate:
• If you wish to speak on an item using the Zoom platform on your computer/laptop or smartphone, please use the “raise hand” icon, and you will be unmuted when it is your turn to speak. Please provide your name when unmuted. You can address the Council for up to 3 minutes. • If you are calling into the meeting only (no camera/video) and wish to comment, press *9 to “raise your hand” and *6 to unmute yourself. • Public participants attending via Zoom will be able to view the proceedings virtually; however, access to the camera/video participation features will not be available.
Live stream on YouTube at:
https://www.youtube.com/@losbanos406
1 Los Banos City Council Agenda – October 7, 2026 Page 2 of 6 Levine Act Statement – Campaign Contribution Prohibition and Mandatory Disclosure: Pursuant to Government Code section 84308, a Council member shall not accept, solicit, or direct a campaign contribution of more than $500 from any party or their agent, or from any participant or their agent, while a proceeding involving a license, permit, contract, or other entitlement for use is pending before the City or for 12 months after a final decision is rendered in that proceeding. Any Council Member who has received a campaign contribution of more than $500 within the preceding 12 months from a party or their agent, or from a participant or their agent, must disclose that fact on the record of the proceeding and shall not make, participate in making, or in any way attempt to use their official position to influence the decision.
Pursuant to Government Code section 84308, subdivision (e), any party to a covered proceeding before the City Council is required to disclose on the record of the proceeding any campaign contribution, including aggregated contributions, of more than $500 made within the preceding 12 months by the party or their agent to any Council Member. The disclosure shall be made as required by Government Code Section 84308, subdivision (e)(1) and California Code of Regulations, Title 2, section 18438.8. No party or their agent, and no participant or their agent, shall make a campaign contribution of more than $500 to any Council Member during the covered proceeding or for 12 months after a final decision is made in that proceeding. The foregoing statements do not constitute legal advice, and parties and participants are urged to consult with their own legal counsel regarding the applicable requirements of the law.
Please note: The Brown Act provides the public with an opportunity to make public comment at any public meeting. As an alternative for in-person comments, written public comment may be made by e-mail to [email protected] or delivered to the City Clerk at City Hall, 520 J Street. All comments received will be read by the City Clerk during Public Forum and added to the agenda packet on the City’s website for public review. Agenda packets can be found on the City’s website at the following link:
https://losbanos.org/category/city-council/
Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the meeting and in the City Clerk’s office located at City Hall, 520 J Street, Los Banos, California during normal business hours. In addition, such writings and documents may be posted on the City’s website at www.losbanos.org.
* * * * * * * * * * * * * * * *
Cualquier escritura o los documentos proporcionaron a una mayoría del Ayuntamiento respecto a cualquier artículo en este orden del día será hecho disponible para la inspección pública en la reunión y en la oficina de la Secretaria de la ciudad en City Hall, 520 J Street, Los Banos, California durante horas de oficina normales. Además, tales escrituras y los documentos pueden ser anunciados en el website de la ciudad en www.losbanos.org.
If you require special assistance or translation services to attend or participate in this meeting, please call the City Clerk’s Office @ (209) 827-7000 at least 48 hours prior to the meeting.
The City of Los Banos complies with the Americans with Disabilities Act (ADA) of 1990. * * * * * * * * * * * * * * * *
Si requiere asistencia especial o asistencia de traducción para atender o participar en esta junta por favor llame a la oficina de la secretaria de la ciudad al (209) 827-7000 a lo menos de 48 horas antes de la junta.
La Ciudad de Los Banos cumple con la ley de Estadounidenses con Discapacidades (ADA) de 1990.
2 Los Banos City Council Agenda – October 7, 2026 Page 3 of 6
COMMUNITY BLESSING
1. CALL TO ORDER – October 7, 2026 6:00 PM
2. PLEDGE OF ALLEGIANCE.
3. ROLL CALL: (City Council Members)
____ [vacant] – District 1 ____ Refugio LLamas – District 2 ____ Marcus Chavez – District 3 ____ Deborah Lewis – District 4 ____ Michael Amabile – Mayor
4. INFORMATIONAL AND PRESENTATION AGENDA ITEMS.
These items are included for informational purposes. No presentation will be made by staff unless City Council members have questions.
A. NOTICE AND ANNOUNCEMENT OF VACANCIES FOR THE FOLLOWING COMMISSIONS/COMMITTEES:
1. Airport Advisory Commission – Three (3) Vacancies
Three (3) Two (2) Year Terms – January 1, 2027 – December 31, 2028
2. Measure H Citizens’ Oversight Committee – Three (3) Vacancies Three (3) Two (2) Year Terms – January 1, 2027 – December 31, 2028
3. Tree Commission – Three (3) Vacancies
Two (2) Two (2) Year Terms – January 1, 2027 – December 31, 2028 One (1) Unexpired Term – Expiring December 31, 2027
4. Parks & Recreation Commission – Three (3) Vacancies
Three (3) Two (2) Year Terms – January 1, 2027 – December 31, 2028
5. Measure P Committee – Three (3) Vacancies
Three (3) Three (3) Year Terms – January 1, 2027 – December 31, 2029
6. Planning Commission – Three (3) Vacancies
One (1) At-Large – Two (2) Year Term – January 1, 2027 – December 31, 2028 One (1) District 2 – Four (4) Year Term – January 1, 2027 – December 31, 2030 One (1) District 3 – Four (4) Year Term – January 1, 2027 – December 31, 2030 Recommendation: Informational Item only, no action to be taken.
5. PUBLIC FORUM. ( This time is reserved for members of the public who wish to address the City Council on items that are NOT on the agenda and that are within the subject matter jurisdiction of the City Council. Speakers must direct their comments to the City Council and limit their comments to no more than three (3) minutes. It is requested that no comments be made during this period on items on the Agenda. The public will have 3 pgs. 7-12
Los Banos City Council Agenda – October 7, 2026 Page 4 of 6 an opportunity to comment on items on the agenda once the item has been called and the Mayor opens the item to the public. The City Council is prohibited by law from taking any action on matters discussed that are not on the agenda. No adverse conclusions should be drawn if the City Council does not respond to public comment at this time.
Speakers are not allowed to surrender/cede their public comment time.)
6. CONSIDERATION OF APPROVAL OF CONSENT AGENDA. (Items on the Consent Agenda are considered to be routine and will be voted on in one motion unless removed from the Consent Agenda by a City Council Member.)
A. Check Register for #260217 – #260566 in the Amount of $4,300,041.08.
Recommendation: Approve the check register as submitted.
B. Minutes for the September 16, 2026 City Council Meeting.
Recommendation: Approve the minutes as submitted.
C. City Council Resolution No. 7169 – Approving a Sole Source Agreement with Waterworth, Inc. for Continuous Utility Rate Management Software and Support Services in the Amount of $21,736.00 Annually, Authorizing a Budget Amendment, and Authorizing the City Manager to Enter into the Agreement.
Recommendation: Adopt the resolution as submitted.
D. City Council Resolution No. 7170 – Authorizing the City Manager to Accept and Execute a Community Infrastructure Program Grant to Complete an Alternative Water Supply Assessment in the Amount of $150,000.00 from the San Joaquin River Exchange Contractors Water Authority and Amending the Fiscal Year 2026- 2027 Budget.
Recommendation: Adopt the resolution as submitted.
E. City Council Resolution No. 7171 – Approving and Adopting Final Tract Map No. 2025-01 Overland Trial and Accompanying Subdivision Improvement Agreement (Stonefield Home, Inc.).
Recommendation: Adopt the resolution as submitted.
F. City Council Resolution No. 7172 – Approving Closure of Non-Essential City Offices on Thursday, December 24, 2026 and Thursday, December 31, 2026 and Cancel the January 6, 2027 City Council Meeting.
Recommendation: Adopt the resolution as submitted.
G. *Los Banos Successor Agency Resolution No. 2026-3 – Accepting the Los Banos Designated Local Authority Audited Financial Statements for Fiscal Year Ended June 30, 2023, as Prepared by Price Paige & Company.
Recommendation: Adopt the resolution as submitted.
4 pgs. 13-18
pgs. 19-32
pgs. 33-68
pgs. 69-78
pgs. 79-110
pgs. 111-114
pgs. 115-138
Los Banos City Council Agenda – October 7, 2026 Page 5 of 6
REGULAR AGENDA
Regular agenda items will be considered separately by the City Council. Public comments will be allowed after the introduction of an agenda item and before City Council discussion.
Members of the public will be limited to three (3) minutes for each agenda item.
7. CELL TOWER DISCUSSION – UPDATES REGARDING FUTURE REGULATION OF WIRELESS TELECOMMUNICATIONS FACILITIES.
Recommendation: Informational Item only, no action to be taken.
8. CONSIDERATION OF ADOPTION OF CITY COUNCIL RESOLUTION NO. 7173 –
AUTHORIZING THE CITY MANAGER TO EXECUTE PROFESSIONAL SERVICE
AGRREMENTS AND THE COMMUNITY & ECONOMIC DEVELOPMENT DIRECTOR TO EXECUTE INDIVIDUAL TASK ORDERS WITH 4LEAF, INC., BKF, EMC PLANNING GROUP, INC., GOUVEIA ENGINEERING, INC., JB ANDERSON LAND USE PLANNING, AND PLACEWORKS FOR ON-CALL PLANNING SERVICES.
Recommendation: Receive staff report and adopt the resolution as submitted.
9. ASSEMBLY BILL 1572 NONFUNCTIONAL TURF REQUIREMENTS.
Recommendation: Informational item only, no action to be taken.
10. PUMP TRACK PROJECT CONCEPT REVIEW.
Recommendation: Informational item only, no action to be taken.
11. COLORADO BALLPARK RENOVATION PROJECT REVISED CONCEPT PHASING AND PARK DEVELOPMENT FUND IMPACT REVIEW.
Recommendation: Informational item only, no action to be taken.
12. SOUTHPOINTE BASIN PARK CONCEPT REVIEW.
Recommendation: Informational item only, no action to be taken.
13. PUBLIC HEARING. (If you challenge the proposed action as described herein in court, you may be limited to raising only those issues you or someone else raised at the public hearing described herein or in written correspondence delivered to the City at, or prior to, the public hearing.)
A. Public Hearing – To Receive Public Comment and Consideration of 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.
1) City Council Resolution No. 7174 – 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 5 pgs. 139-144
pgs. 145-198
pgs. 199-208
pgs. 209-226
pgs. 227-234
pgs. 235-242
pgs. 243-269
Los Banos City Council Agenda – October 7, 2026 Page 6 of 6 Under a Type 20 Off-Sale Beer and Wine License for El Junior Market Located at 740 G Street.
Recommendation: Receive staff report, open public hearing, receive public comment, close the public hearing, and adopt the resolution as submitted.
14. BRIEF CITY DEPARTMENT REPORTS.
A. Community & Economic Development
B. Finance
C. Parks & Recreation
D. Human Resources
E. Public Works
F. Fire
G. Police
Recommendation: Informational item only, no action to be taken.
15. CITY ATTORNEY REPORT.
Recommendation: Informational item only, no action to be taken.
16. CITY MANAGER REPORT.
Recommendation: Informational item only, no action to be taken.
17. BRIEF CITY COUNCIL MEMBER REPORTS.
A. Marcus Chavez – District 3
B. Deborah Lewis – Mayor Pro Tem - District 4
C. Vacant – District 1
D. Refugio Llamas– District 2
E. Michael Amabile – Mayor
18. ADJOURNMENT.
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting.
Vionna Lin, Assistant City Clerk Dated this 2nd day of October 2026 6 Agenda Staff Report
TO: Mayor & City Council Members
FROM: Lucy Mallonee, City Clerk
Vionna Lin, Assistant City Clerk/Records Coordinator
DATE: October 7, 2026
TYPE OF REPORT: Informational Item
SUBJECT: Announcement of City Commission Vacancies
______________________________________________________________________ Recommendation:
No action to be taken. Informational item only.
Discussion:
The City Clerk must report to the City Council current and upcoming vacancies on City Commissions. Vacancies will be advertised in the local newspaper, on the City’s website, on City social media platforms and on the bulletin board located outside of City Hall. The deadline to submit an application to serve on a City Commission is Friday, November 20, 2026 at 5:00 pm.
Reviewed by:
___________________________
Soknirorn Than, City Manager
Attachment:
Notice of Vacancy
District Electoral Map
Local Commission Appointment List
~ LOsBanos
, .. At the Crossroads of California
7 ITEM 4
NOTICE OF VACANCIES ON CITY COMMISSIONS
Notice is hereby given that the City of Los Banos is now accepting applications from citizens 18 or older residing within the City limits of Los Banos interested in serving on the following City Commissions/Committees:
Airport Advisory Commission – Three (3) Vacancies
Three (3) Two (2) Year Terms – January 1, 2027 – December 31, 2028 Measure H Citizens’ Oversight Committee – Three (3) Vacancies Three (3) Two (2) Year Terms – January 1, 2027 – December 31, 2028 Tree Commission – Three (3) Vacancies
Two (2) Two (2) Year Terms – January 1, 2027 – December 31, 2028 One (1) Unexpired Term – Expiring December 31, 2027
Parks & Recreation Commission – Three (3) Vacancies
Three (3) Two (2) Year Terms – January 1, 2027 – December 31, 2028 Measure P Committee – Three (3) Vacancies
Three (3) Three (3) Year Terms – January 1, 2027 – December 31, 2029 Planning Commission – Three (3) Vacancies
One (1) At-Large – Two (2) Year Term – January 1, 2027 – December 31, 2028 One (1) District 2 – Four (4) Year Term – January 1, 2027 – December 31, 2030 One (1) District 3 – Four (4) Year Term – January 1, 2027 – December 31, 2030 *A District Electoral Map can be found on the City’s website at:
https://losbanos.org/wp-content/uploads/2022/03/Draft-B.pdf
The various Commissions meet once a month, twice a month, or quarterly and serve as advisory bodies to the City Council and Administrative Officials on such actions as they deem necessary, proper or advisable for the proper administration of City functions.
Commissioners do not receive compensation for their time, although they may be requested to attend training workshops or seminars at the City’s expense. If you are interested in volunteering to serve on any of the City Commissions, are a resident of the City of Los Banos and at least eighteen (18) years of age, please contact the City Clerk’s Office at City Hall, 520 J Street, 209-827-2424 to request an application or access an application on the City’s website: www.losbanos.org. The deadline to submit an application to the City Clerk is Friday, November 20, 2026 before 5:00 p.m. ~ ! LOsBanos
,~ At the Crossroads of California
8 Fairgrounds Park
Los Banos Municipal Arprt
Colorado Park
Los Banos Co Park
College Green Park
Elena Talbott Park
Park Arcadia
Vineyard Park
Prop Park
Wolfsen Park
Davis Park
Citrus Park
Skylark Park
Flag Pole Park
Presidential Park
City Park
Casa Park Rec Area
Garden Park Little Page Park
Catholic Park
Bus Dep
Los Banos Community Hosp
Public Elem School
Los Banos High School
San Luis High School
Public Elem School
33 33 33
165
165
1 3
2 4
Los BanosRedistricting 2021
Draft B
National Demographics Corporation, December 3, 2021
Map layers
Draft B
Los Banos Split Cens
Railroad
Streets
Landmark PointLandmark Area
Water Area
©2017 CALIPER
Cl
D
+
9 THIS PAGE IS INTENTIONALLY LEFT BLANK
10 Airport Advisory Commission - 2 Years Appointment Date Term Expires Dennis Reed January 21, 2026 - December 31, 2027
Stephen Allen April 1, 2026 - December 31, 2027
David Anderson January 15, 2025 - December 31, 2026
Jim Davis January 15, 2025 - December 31, 2026
Larry Leonardo March 5, 2025 - December 31, 2026
Measure H Citizens' Oversight Committee - 2 Years Appointment Date Term Expires Amy Bonillas April 1, 2026 - December 31, 2027
Stephen Hammond April 1, 2026 - December 31, 2027
David Lewis April 1, 2026 - December 31, 2026
Kathy Ballard March 5, 2025 - December 31, 2026
Letty Guerra May 7, 2025 - December 31, 2026
Measure P Citizens' Oversight Committee - 3 Years Appointment Date Term Expires Steven Soares February 7, 2024 - December 31, 2026
Deborah "DJ" Barcellos February 7, 2024 - December 31, 2026 Vacant - December 31, 2026
Rosario Aquino April 1, 2026 - December 31, 2027
Nathan Mancebo April 1, 2026 - December 31, 2028
Richard Stewart April 1, 2026 - December 31, 2028
Elias Reyes Jr. April 1, 2026 December 31, 2028
Measure V Citizens' Oversight Committee - 2 Years Appointment Date Term Expires Blanche Jorge May 20, 2026 - May 18, 2028
Parks & Recreation Commission - 2 Years Appointment Date Term Expires Jeri Blevins January 21, 2026 - December 31, 2027
Wes Wise January 21, 2026 - December 31, 2027
Luis Castro December 19, 2024 - December 31, 2026
Brad Gargano February 19, 2025 - December 31, 2026
Sybil Halloran February 19, 2025 - December 31, 2026
Planning Commission - 2 Years (At-Large); 4 Years (District) Appointment Date Term Expires Shuyue Martinez - District 1 December 17, 2025 - December 31, 2028 Clarence "Rob" Robinson - District 2 January 18, 2023 - December 31, 2026 Steven Nunes - District 3 February 19, 2025 - December 31, 2026 Gregory Hicks - District 4 January 15, 2025 December 31, 2028 William McBride - At-Large February 19, 2025 - December 31, 2026 Tree Commission - 2 Years Appointment Date Term Expires Jeanette Guzman-Lopez January 21, 2026 - December 31, 2027 Vacant - December 31, 2027
Laurence Byers January 21, 2026 - December 31, 2027
Thomas Kaljian May 7, 2025 - December 31, 2026
Brian Halloran May 7, 2025 - December 31, 2026
11 THIS PAGE IS INTENTIONALLY LEFT BLANK
12 Check Number Payment Date Vendor Payment Amount
260217 09/10/2026 Merced County Clerk 50.00
260218 09/10/2026 Merced County Clerk 50.00
260219 09/11/2026 Agile Occupational Medicine PC 295.00 260220 09/11/2026 Agee Construction Corporation 74,155.81 260221 09/11/2026 Anabasis LLC 85,512.29
260222 09/11/2026 Community Socail Model Advocates Inc. 200.00 260223 09/11/2026 Jarazeth Del Real 35.00
260224 09/11/2026 Jose Duarte 100.00
260225 09/11/2026 Fortune-Ratliff General Contractors, Inc. 34,453.25 260226 09/11/2026 Imagine Way More LLC 5,000.00
260227 09/11/2026 Mary Lerner 164.00
260228 09/11/2026 Deborah Lewis 81.12
260229 09/11/2026 Robert Lomeli 151.00
260230 09/11/2026 Los Banos Downtown Assoc. 33,893.14
260231 09/11/2026 MId Valley Truck School, LLC 3,400.00 260232 09/11/2026 Minerva Moreno 257.90
260233 09/11/2026 Gerald "Obie" O'Brien 77.14
260234 09/11/2026 PG&E Company 224,114.60
260235 09/11/2026 Alves Management, Inc 738.50
260236 09/11/2026 Anderson Pump Company Inc 65.20
260237 09/11/2026 AT&T 386.24
260238 09/11/2026 Claudio Avila 65.00
260239 09/11/2026 Barton Overhead Door Inc 261.36
260240 09/11/2026 BJ's Consumers Choice Pest Control Inc. 100.00 260241 09/11/2026 Boot Barn 181.06
260242 09/11/2026 Bovee Environmental Management, Inc. 1,050.00 260243 09/11/2026 Brinks Inc. 1,210.64
260244 09/11/2026 BSK Associates 2,418.59
260245 09/11/2026 BWR Tools LLC 114.19
260246 09/11/2026 Cal Builds Inc 3,448.46
260247 09/11/2026 Carollo Inc. 32,844.50
260248 09/11/2026 Central Valley Concrete Inc. 1,147.31 260249 09/11/2026 Clark Pest Control Inc 441.00
260250 09/11/2026 Copy Shipping Solutions 17.40
260251 09/11/2026 CPRS 165.00
260252 09/11/2026 Craigo Investments Inc. 1,476.94
260253 09/11/2026 Maria Castillo 350.00
260254 09/11/2026 Defense Technology, LLC 375.00
260255 09/11/2026 Karla De La Torre 350.00
260256 09/11/2026 Ana Duarte 350.00
260257 09/11/2026 Fas Trak Invoice Processing Dept. 8.50 260258 09/11/2026 Ferrellgas, Inc. 700.54
260259 09/11/2026 Flex Technology Group LLC 200.17
260260 09/11/2026 Food 4 Less 287.04
260261 09/11/2026 Halcyon Creek Inc. 1,381.62
260262 09/11/2026 Holt of California 4,303.51
260263 09/11/2026 InfoSend Inc. 22,846.80
260264 09/11/2026 iWorQ Systems Inc. 5,000.00
260265 09/11/2026 JG Nurseries, LLC 292.54
260266 09/11/2026 Krazan & Associates 1,569.75
260267 09/11/2026 Marfab Inc 308.00
Ck # 260217 - 260566 10/07/26 $4,300,041.08
1:0s Banos
13 ITEM 6A
260268 09/11/2026 Merced County Association of Governments 33,422.00 260269 09/11/2026 Vivian Martinez 350.00
260270 09/11/2026 Shannan Michel 99.00
260271 09/11/2026 O'Reilly Auto Parts 63.59
260272 09/11/2026 Jacqueline Olea 600.00
260273 09/11/2026 PG&E Company 122.14
260274 09/11/2026 Propio LS LLC 12.25
260275 09/11/2026 Protech Security & Electronics, Inc. 1,300.40 260276 09/11/2026 Quality Logo Products, Inc. 853.03
260277 09/11/2026 Redvector.Com, LLC 2,396.80
260278 09/11/2026 Rolfe Construction Inc. 214,018.55
260279 09/11/2026 Paola Soto Ramirez 600.00
260280 09/11/2026 SJVAPCD 115.00
260281 09/11/2026 Safeguard Business System, Inc. 3,071.40 260282 09/11/2026 Safe T Lite of Modesto, Inc. 193.63
260283 09/11/2026 San Jose Sterilized Wiping Rags, Inc. 245.02 260284 09/11/2026 Save Mart Supermarkets 162.07
260285 09/11/2026 SHI International Corp 23.59
260286 09/11/2026 Sorensens True Value 1,253.29
260288 09/11/2026 Superior Pool Products, LLC 6,218.92
260289 09/11/2026 Technicon Engineering Services, Inc. 905.00 260290 09/11/2026 The Don Chapin Co., Inc. 1,088.33
260291 09/11/2026 Thirkettle Corporation 358.61
260292 09/11/2026 CalMat Co. 1,335.36
260293 09/11/2026 Tyler Technologies, Inc. 2,320.00
260294 09/11/2026 Uline, Inc. 149.32
260295 09/11/2026 United Site Services, Inc. 133.25
260296 09/11/2026 Stephanie Pereira 2,489.95
260297 09/11/2026 Valley Pro Contractor, Inc 10,000.00
260298 09/11/2026 Vestis 879.77
260299 09/11/2026 Verizon Wireless 453.61
260300 09/11/2026 Martha Vicuna 550.00
260301 09/11/2026 Toribio Viloria Jr. 600.00
260302 09/11/2026 Westside Veterinary Service, Inc. 352.37 260303 09/11/2026 Windecker Inc 32,064.60
260323 09/15/2026 Talan Phoenix Martinez 4,033.00
260324 09/18/2026 Aflac-Customer Service 215.93
260325 09/18/2026 AFSCME District Council 57 2,236.12
260326 09/18/2026 Empower Annuity Ins. Co of America 1,552.62 260327 09/18/2026 Empower Annuity Ins. Co of America 2,742.00 260328 09/18/2026 Franchise Tax Board 226.27
260329 09/18/2026 Los Banos Fitness & Racquet Club 212.00 260330 09/18/2026 Los Banos Police Assn 1,430.00
260331 09/18/2026 Los Banos Police Assn. 350.00
260332 09/18/2026 Merced County Sheriff 187.96
260333 09/18/2026 MissionSquare 2,700.94
260334 09/18/2026 MissionSquare 10,237.50
260335 09/18/2026 Nationwide Retirement Solutions 6,374.83 260336 09/18/2026 Professional Fire Fighter of Los Banos Local 4703 647.23 260337 09/18/2026 State Disbursement Unit 1,575.00
260338 09/18/2026 Anabasis LLC 300,525.08
260339 09/18/2026 Apex Annex Health Center, Inc. 1,423.53 260340 09/18/2026 Best Best & Krieger 24,461.63
260341 09/18/2026 City of Los Banos Utility 89,856.73
260342 09/18/2026 EMC Planning Group Inc 3,338.05
260343 09/18/2026 Government Staffing Services, Inc. 31,360.00 260344 09/18/2026 JB Anderson Land Use Planning 6,503.50 260345 09/18/2026 Kent M. Kawagoe 375.00
14 260346 09/18/2026 KD Medical Group, Inc. 41.00
260347 09/18/2026 Laboratory Corporation of America Holdings 511.67 260348 09/18/2026 Deborah Lewis 166.00
260349 09/18/2026 Liebert Cassidy Whitmore 212.50
260350 09/18/2026 Jennifer Loa 80.08
260351 09/18/2026 Refugio Llamas 616.36
260352 09/18/2026 Christopher McKibbin 24.89
260353 09/18/2026 Merced MRI Medical Group 195.00
260354 09/18/2026 State Water Resources Control Board 125.00 260355 09/18/2026 Soknirorn Than 166.00
260356 09/18/2026 Westamerica Bank - Cafeteria Plan 122,335.96 260357 09/18/2026 Amsoil Inc. 13,935.14
260358 09/18/2026 Anderson Pump Company Inc 5,365.00
260359 09/18/2026 Archer Civil Contruction, LLC 257,999.07 260360 09/18/2026 AT&T Mobility 58.49
260361 09/18/2026 AT&T 1,203.08
260362 09/18/2026 Azevedo Electric 1,000.00
260363 09/18/2026 Dorothy June Baker 270.00
260364 09/18/2026 BJ's Consumers Choice Pest Control Inc. 335.00 260365 09/18/2026 Boot Barn 376.76
260366 09/18/2026 Callander Associates Landscape Architecture, Inc. 8,483.03 260367 09/18/2026 CENCAL Machine & Fabrication Inc. 362.51 260368 09/18/2026 Cintas Corporation No.2 790.67
260369 09/18/2026 Central Sanitary Supply, LLC 179.79
260370 09/18/2026 Coffee Break Service Inc. 387.21
260371 09/18/2026 Comcast 649.56
260372 09/18/2026 Cook's Communications Corp. 1,469.18
260373 09/18/2026 Copy Shipping Solutions 897.19
260374 09/18/2026 CPS 894.60
260375 09/18/2026 CSG Consultants Inc. 162,700.00
260376 09/18/2026 LN Curtis & Sons 1,469.50
260377 09/18/2026 D & D Pest Control 167.00
260378 09/18/2026 De Lage Landen Public Finance LLC 3,196.91 260379 09/18/2026 Donnoe & Associates, Inc. 720.00
260380 09/18/2026 Dos Palos Publishing Company 820.00
260381 09/18/2026 Electric Drives Inc 223.41
260382 09/18/2026 F S Rod Inc 10,920.00
260383 09/18/2026 Fehr & Peers 10,648.75
260384 09/18/2026 Ferrellgas, Inc. 223.77
260385 09/18/2026 Flex Technology Group LLC 3,897.13
260386 09/18/2026 Galvin Preservation Associates, Inc. 17,525.80 260387 09/18/2026 Halcyon Creek Inc. 4,817.97
260388 09/18/2026 Ixom Watercare Inc. 77,070.00
260389 09/18/2026 Jerry Kelly Inc. 1,504.01
260390 09/18/2026 Jorgensen & Sons Inc. 2,571.81
260391 09/18/2026 Kone Inc. 948.15
260392 09/18/2026 Language Line Services 3.76
260393 09/18/2026 Los Banos Veterinary Services 4,816.11 260394 09/18/2026 Mark Thomas & Company. Inc. 13,207.91 260395 09/18/2026 Tires to you Inc 2,621.17
260396 09/18/2026 Marfab Inc 61.85
260397 09/18/2026 Merced Chevrolet Inc. 3,241.43
260398 09/18/2026 NDN International LLC 189.41
260399 09/18/2026 OSE 82.52
260400 09/18/2026 O'Reilly Auto Parts 316.86
260401 09/18/2026 Outdoor Creations, Inc.. 989.63
260402 09/18/2026 PG&E Company 27.82
260403 09/18/2026 Provost and Pritchard Engineering, Inc. 11,550.98 15 260404 09/18/2026 Purchase Power Inc 181.49
260405 09/18/2026 Safe T Lite of Modesto, Inc. 719.40
260406 09/18/2026 Save Mart Supermarkets 220.98
260407 09/18/2026 Sherwin Williams Co 521.37
260408 09/18/2026 Sorensens True Value 727.29
260410 09/18/2026 Technicon Engineering Services, Inc. 8,515.00 260411 09/18/2026 Terryberry Company LLC 360.94
260412 09/18/2026 Terminix Processing Center 135.00
260413 09/18/2026 CalMat Co. 169.80
260414 09/18/2026 United Site Services, Inc. 2,280.42
260415 09/18/2026 Vestis Group, Inc. 238.20
260416 09/18/2026 Vestis 2,005.48
260418 09/18/2026 Verizon Wireless 487.08
260419 09/18/2026 Saba Holding Company, LLC 1,962.30
260420 09/18/2026 Westside Water Conditioning 17.90
260421 09/18/2026 West Publishing Corporation 550.00
260422 09/18/2026 White Cap, L. P. 537.39
260423 09/18/2026 Windecker Inc 5,375.44
260424 09/18/2026 Young's Air Conditioning 976.00
260455 09/25/2026 Anabasis LLC 8,985.38
260456 09/25/2026 Sara Blevins 331.25
260457 09/25/2026 Central Valley Cardiovascular Group Inc. 200.00 260458 09/25/2026 GoTo Communications, Inc. 4,485.11
260459 09/25/2026 Government Staffing Services, Inc. 10,080.00 260460 09/25/2026 Laboratory Corporation of America Holdings 397.95 260461 09/25/2026 Deborah Lewis 65.35
260462 09/25/2026 Debbie L. Marshall 250.00
260463 09/25/2026 Samuel Morales 1,985.75
260464 09/25/2026 Rolfe Construction Inc. 306,314.92
260465 09/25/2026 Domingo Sandoval 800.00
260466 09/25/2026 Tap Master, Inc. 6,195.00
260467 09/25/2026 US Bank Corp Pymt System 90,278.17
260469 09/25/2026 Western Valley Insurance 83,043.21
260470 09/25/2026 Windecker Inc 11,582.21
260471 09/25/2026 Youth Evolution Activites 772.20
260472 09/25/2026 Amsoil Inc. 4,165.04
260473 09/25/2026 Anderson Pump Company Inc 26,951.81
260474 09/25/2026 Animal Damage Management, Inc. 290.00 260475 09/25/2026 APLPD Holdco, Inc. 348.86
260476 09/25/2026 AT&T Mobility 6,714.80
260477 09/25/2026 AT&T 425.88
260478 09/25/2026 ACWA JPIA 725.00
260479 09/25/2026 Beam Insurance Administrators LLC 27,684.18 260480 09/25/2026 BJ's Consumers Choice Pest Control Inc. 140.00 260481 09/25/2026 Bound Tree Medical LLC 430.10
260482 09/25/2026 Bruce's Tire Inc 182.89
260483 09/25/2026 BSK Associates 1,075.47
260484 09/25/2026 John Butler 72.50
260485 09/25/2026 Ca Dept of Justice Cashiering Unit 931.00 260486 09/25/2026 Callander Associates Landscape Architecture, Inc. 510.96 260487 09/25/2026 Central Valley Concrete Inc. 696.01
260488 09/25/2026 CSJVRMA 737,534.80
260489 09/25/2026 Coffee Break Service Inc. 479.48
260490 09/25/2026 Comcast 108.16
260491 09/25/2026 Copy Shipping Solutions 1,196.03
260492 09/25/2026 CPS 929.60
260493 09/25/2026 Craigo Investments Inc. 2,986.51
260494 09/25/2026 Crutchfield Corporation 4,078.42
16 260495 09/25/2026 Russ Crumpton 600.00
260496 09/25/2026 Dos Palos Publishing Company 60.00
260497 09/25/2026 Doane and Hartwig Water Systems, Inc. 4,031.21 260498 09/25/2026 Marisol Diaz 500.00
260499 09/25/2026 Edges Electrical Group, LLC 41.88
260500 09/25/2026 Electric Drives Inc 5,696.45
260501 09/25/2026 Flex Technology Group LLC 3,790.64
260502 09/25/2026 Foster & Foster Consulting Actuaries, Inc. 3,000.00 260503 09/25/2026 Anau Faafiti 550.00
260504 09/25/2026 Gouveia Engineering Inc. 72,687.47
260505 09/25/2026 Halcyon Creek Inc. 37,925.40
260506 09/25/2026 Hoffman Electronic Systems 106.95
260507 09/25/2026 Home Depot 10,179.62
260513 09/25/2026 Kimball Midwest 314.56
260514 09/25/2026 LB Tire & Auto Repair 500.00
260515 09/25/2026 Mark Thomas & Company. Inc. 6,975.00
260516 09/25/2026 Marfab Inc 44.72
260517 09/25/2026 Max's Mobile Truck Repair 840.00
260518 09/25/2026 Merced County Regional Waste Management Authority 7,189.04 260519 09/25/2026 Madera Uniform & Accessories 2,454.49 260520 09/25/2026 MES Service Company LLC 11,228.66
260521 09/25/2026 Modesto Janitorial Supply Center, Inc. 836.48 260522 09/25/2026 O'Reilly Auto Parts 401.47
260523 09/25/2026 Joseph Ortiz 600.00
260524 09/25/2026 Phoenix Water Solutions LLC 7,131.94
260525 09/25/2026 PlaceWorks, Inc. 763.73
260526 09/25/2026 Point Emblems, LLC 4,999.99
260527 09/25/2026 Provost and Pritchard Engineering, Inc. 65,588.09 260528 09/25/2026 Desirae Parras 550.00
260529 09/25/2026 RAT Incorporated 210.00
260530 09/25/2026 Redstone Construction, Inc 49.55
260531 09/25/2026 Reliance Standard Life Insurance Company 6,321.33 260533 09/25/2026 Save Mart Supermarkets 190.42
260534 09/25/2026 SWConstruction, Inc. 13,240.62
260535 09/25/2026 Michael Bartholomew 891.80
260536 09/25/2026 Sherwin Williams Co 66.28
260537 09/25/2026 SHI International Corp 7,631.96
260538 09/25/2026 Sorensens True Value 327.43
260539 09/25/2026 Stantec Consulting Services, Inc. 17,540.00 260540 09/25/2026 Superior Pool Products, LLC 5,558.92
260541 09/25/2026 Technicon Engineering Services, Inc. 5,445.00 260542 09/25/2026 The Don Chapin Co., Inc. 7,249.86
260543 09/25/2026 Total Trailer Solutions LLC - DBA Drop Deck Direct 20,976.96 260544 09/25/2026 CalMat Co. 2,957.83
260545 09/25/2026 Tyler Technologies, Inc. 125,806.13
260546 09/25/2026 Uline, Inc. 1,941.40
260547 09/25/2026 United Rotary Brush Corp. 6,822.02
260548 09/25/2026 Valley Entry Systems, Inc. 643.00
260549 09/25/2026 Vanir Construction Management, Inc. 32,170.00 260550 09/25/2026 Varsity Scoreboards 11,726.53
260551 09/25/2026 Vestis Group, Inc. 219.89
260552 09/25/2026 Vestis 1,015.71
260553 09/25/2026 Verizon Wireless 1,821.28
260554 09/25/2026 Verizon Wireless 970.63
260555 09/25/2026 Video Inspection Specialists, Inc. 1,900.66 260556 09/25/2026 West Coast Arborists, Inc. 37,714.00
260557 09/25/2026 Westside Water Conditioning 321.69
260558 09/25/2026 Windecker Inc 3,573.63
17 260559 09/25/2026 Young's Air Conditioning 768.00
260560 09/25/2026 Monica Zendejas 500.00
260566 09/25/2026 Anabasis LLC 250,000.00
Break in check sequence due to the following: Payment Type Check #260215 - #260216 (Utility Billing) Regular Checks 286 4,300,041.08 Check #260287 (Manual Void) Manual Voids 27
Check #260304 - #260322 (Utility Billing) Voided Checks 0 Check #260409 (Manual Void) 4,300,041.08
Check #260417 (Manual Void)
Check #260425 - #260437 (Utility Billing)
Check #260438 - #260454 (Manual Void)
Check #260468 (Manual Void)
Check #260508 - #260512 (Manual Void)
Check #260532 (Manual Void)
Check #260561 - #260565 (Utility Billing)
18 CITY OF LOS BANOS
CITY COUNCIL MEETING MINUTES
September 16, 2026
ACTION MINUTES – These minutes are prepared to depict action taken for agenda items presented to the City Council. For a detailed account of this meeting, refer to the video recording available on YouTube, which serves as a permanent record.
CALL TO ORDER: Mayor Amabile called the City Council Meeting to order at the hour of 6:01 p.m.
PLEDGE OF ALLEGIANCE: Police Chief Reyna led the pledge of allegiance.
ROLL CALL – MEMBERS OF THE CITY COUNCIL PRESENT: Council Members Refugio LLamas – District 2, Marcus Chavez – District 3, Deborah Lewis – District 4, Mayor Michael Amabile, District 1 – vacant; ABSENT: None STAFF MEMBERS PRESENT: City Manager Than, City Attorney Lerner, City Clerk Mallonee, Community & Economic Development Director Souza Elms, Police Chief Reyna, Public Works Director Via, Fire Chief Dorenbush, Finance Director Moreno, Parks & Recreation Director Heim, Human Resources Director Carlos CERTIFICATE OF RECOGNITION – EMPLOYEE OF THE MONTH FOR AUGUST 2026 – MARISOL CALDERON, ADMINISTRATIVE COORDINATOR, PARKS & RECREATION DEPARTMENT. Mayor Amabile presented the certificate to Marisol Calderon who was in attendance to accept. Ms. Calderon was recognized for her dedication, dependability, organization, and willingness to assist with department projects, events, and daily operations.
CITY COUNCIL RESOLUTION NO. 7159 – COMMENDATION TO MITZY PEREZ.
Mayor Amabile presented Resolution No. 7159, commending Mitzi Perez for her service as District 1 Council Member. The Mayor recognized Perez for the contributions she made during her 10 months of service, noting that she had quickly become involved, taken on responsibilities, and contributed to the City Council. He thanked her for her service and wished her well in her future endeavors. Council Member Chavez thanked Perez for her service and specifically recognized her for asking the tough questions during her time on the Council. He stated that he appreciated working with her and wished her well. Mayor Pro Tem Llamas echoed the Council’s appreciation and thanked Perez for her service to the City and the residents of District 1. He wished her the best in her future endeavors. Council Member Lewis also expressed appreciation for Perez’s service and wished her well. Ms. Perez stated that she was saddened to have to leave Los Banos and that her family was also sad about the move. She said Los Banos is one of the best communities she has ever been part of and that, after being away for more than 10 years, she was having difficulty readjusting to life down south, particularly the traffic. She said she missed how close-knit the Los Banos community was and hoped she would be able to return to the area in the future. Perez expressed that she was very happy to have 19 ITEM 6B
served on the Council and had learned a great deal from the experience. She also expressed confidence in the current Council and stated that she believed the Council would continue moving Los Banos forward.
Motion by LLamas, seconded by Chavez to adopt City Council Resolution No. 7159 – Commendation to Mitzy Perez. The motion carried by the following roll call vote: AYES:
Chavez, Lewis, LLamas, Mayor Amabile; NOES: None; ABSENT: None.
NEW EMPLOYEE INTRODUCTIONS. Human Resources Director Carlos presented the staff report. Public Works Director Via introduced Jacob Acampo, a new part-time Maintenance Worker assigned to Fleet, and Marcus Voss, who was promoted to Maintenance Worker III in Streets who were both in attendance. Fire Chief Dorenbush introduced Fire Fighters Brandon Uowa and Josh Hickman, who were unable to attend and are expected to be introduced at a future Council meeting. Parks & Recreation Director Heim introduced Monzerrad Castillo, a new part-time employee at the Community Center, who was in attendance and Joaquin Bravo, a new part-time Maintenance Worker at the Community Center, but was unable to attend due to college classes.
PUBLIC FORUM: THIS TIME IS RESERVED FOR MEMBERS OF THE PUBLIC WHO
WISH TO ADDRESS THE CITY COUNCIL ON ITEMS THAT ARE NOT ON THE
AGENDA AND THAT ARE WITHIN THE SUBJECT MATTER JURISDICTION OF THE CITY COUNCIL. SPEAKERS MUST DIRECT THEIR COMMENTS TO THE CITY COUNCIL AND LIMIT THEIR COMMENTS TO NO MORE THAN THREE (3) MINUTES.
IT IS REQUESTED THAT NO COMMENTS BE MADE DURING THIS PERIOD ON ITEMS ON THE AGENDA. THE PUBLIC WILL HAVE AN OPPORTUNITY TO
COMMENT ON ITEMS ON THE AGENDA ONCE THE ITEM HAS BEEN CALLED AND THE MAYOR OPENS THE ITEM TO THE PUBLIC. THE CITY COUNCIL IS
PROHIBITED BY LAW FROM TAKING ANY ACTION ON MATTERS DISCUSSED THAT ARE NOT ON THE AGENDA. NO ADVERSE CONCLUSIONS SHOULD BE
DRAWN IF THE CITY COUNCIL DOES NOT RESPOND TO PUBLIC COMMENT AT THIS TIME. SPEAKERS ARE NOT ALLOWED TO SURRENDER/CEDE THEIR PUBLIC COMMENT TIME. Mayor Amabile opened the public forum. BLANCHE JORGE spoke regarding animal welfare during kitten season, noting that the County was unable to provide its usual services during that period. She expressed concerns regarding the cross-border dumping of animals in the community, including known dumping hotspots, and encouraged the City to develop a plan to address the issue. She also suggested increased public education and consideration of increased fines for animal dumping. DR.
SARA MATOOT spoke as a Los Banos homeowner and employee regarding the proposed AT&T cell tower near her home and Creekside Junior High School. She strongly opposed the proposed location, noting that the tower would be directly behind her home and near where children walk and play. She asked the City to consider an alternative location and expressed concern regarding neighborhood safety, noting that a child had recently been struck by a vehicle while going to school. ROSALDO YASIM spoke in opposition to the proposed cell tower near her home. She expressed concern that the structure would change the character of the neighborhood and requested that the City consider an alternative location. ADAM YASIM spoke in opposition to the proposed cell tower near his property. He expressed concerns regarding property values, the 20 appearance of the neighborhood, and the proximity to a school. He questioned whether alternative sites had been considered and requested that the City Council hold off on approving the proposed location and consider sites farther from residences. KATHY FUENTES, who stated that her home is the closest to the proposed cell tower and that her bedroom faces the project, expressed concerns regarding noise and the potential impact on the neighborhood. She asked the Council to consider relocating the tower and suggested areas near Walmart or other commercial locations. She also expressed concern for the children in the area. CAMI AVELAR expressed support for the opening of De Anza Way but raised concerns regarding increased traffic, noting that the roadway provides a direct route to Place Road and may be used as a bypass for the Mercy Springs and Pacheco Boulevard intersection. She suggested considering traffic-calming measures, including speed bumps. LAYLA GURGEN, a teacher who has lived and worked in Los Banos for more than 20 years, spoke in opposition to the proposed cell tower. She referenced numerous letters submitted to the Planning Commission and expressed concerns regarding property values, quality of life, and the appearance of the proposed monopine. She acknowledged AT&T’s coverage gap but suggested that commercial properties farther west on Pacheco Boulevard be considered as alternatives and requested that the tower not be located in a park. She also expressed concerns regarding the tower’s proximity to Creekside Junior High School and asked the Council to carefully consider the location. KATHY BALLARD stated that she understood the City may have limited control over the proposed cell tower but encouraged the City to pursue any available options to relocate it. She also spoke regarding De Anza Way and expressed concerns about a proposed raised median (“pork chop”) similar to the one near the Credit Union, stating that it could contribute to traffic congestion and create a significant traffic problem. MIKE NEU, representing the Los Banos Rotary Club, announced the annual Pancake Breakfast being held during the 6th Street Street Faire.
He stated that the $13 breakfast proceeds benefit the Los Banos PAL Sober Grad Program and noted that more than $2,000 was contributed to the program from last year’s event.
City Clerk Mallonee read the following item into the record: A letter from MARIA PHILLIPS, a Los Banos resident and parent, requesting that the City consider offering one-day business licenses for pop-up events. Phillips stated that this would provide small and new businesses, including young entrepreneurs, with an affordable opportunity to participate in local events and test their products while also providing the City with an opportunity to collect a fee.
Mayor Amabile noted that the Council could not discuss the cell tower because the matter was not on the evening’s agenda.
No one else came forward to speak and the public forum was closed.
CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Council Member Lewis pulled items 7D – City Council Resolution No. 7161 – Authorizing Award of a Construction Contract to Cal Valley Construction, inc. in the Amount of $670,402.00 with a 15% Contingency in the Amount of $100,560.30 and Amending the Fiscal Year 2026-27 Budget by $398,058.53 for the De Anza Way/State Route 165 Access Improvements 21 Project and 7H – City Council Resolution No. 7165 – Approving an Amendment to the Managed IT Services Agreement with Mid Valley IT for the City Hall Server Cluster and Network Infrastructure Upgrade in the Amount of $335,344.35, Authorizing a Ten Percent (10%) Contingency in the Amount of $33,534.00, and Authorizing the City Manager to Execute the Amendment and Related Documents from the consent agenda for discussion and approval. Mayor Amabile invited the public to come forward and speak; no one came forward to speak.
Motion by Lewis, seconded by Chavez to approve the consent agenda items as follows, with the removal of items 7D – City Council Resolution No. 7161 – Authorizing Award of a Construction Contract to Cal Valley Construction, inc. in the Amount of $670,402.00 with a 15% Contingency in the Amount of $100,560.30 and Amending the Fiscal Year 2026-27 Budget by $398,058.53 for the De Anza Way/State Route 165 Access Improvements Project and 7H – City Council Resolution No. 7165 – Approving an Amendment to the Managed IT Services Agreement with Mid Valley IT for the City Hall Server Cluster and Network Infrastructure Upgrade in the Amount of $335,344.35, Authorizing a Ten Percent (10%) Contingency in the Amount of $33,534.00, and Authorizing the City Manager to Execute the Amendment and Related Documents:
Check Register for #260007 – #260202 in the Amount of $1,804,667.39; City Council Meeting Minutes for September 2, 2026; City Council Resolution No. 7160 – Approving and Adopting Final Tract Map No. 2025-03 San Luis Estates and Accompanying Subdivision Improvement Agreement (Century Communities of California, LLC); City Council Resolution No. 7161 – Authorizing Award of a Construction Contract to Cal Valley Construction, inc. in the Amount of $670,402.00 with a 15% Contingency in the Amount of $100,560.30 and Amending the Fiscal Year 2026-27 Budget by $398,058.53 for the De Anza Way/State Route 165 Access Improvements Project; City Council Resolution No. 7162 – Authorizing the City Manager to Issue Purchase Orders for Steel Roller Compactor ($170,490.02), Hydro Excavator Truck ($766,290.55), Backhoe ($178,409.34), Sewer Truck ($882,579.11) Through the Cooperative Procurement Contract with Sourcewell; City Council Resolution No. 7163 – Approving the Program Supplement Agreement No. 10-5160F15 and Related Documents for the CMAQ Grant CML-5160(032) for the Purchase of an Electric Street Sweeper in the Amount of $759,000.00 and Authorizing the City Manager to Execute the Agreement and Related Documents; City Council Resolution No. 7164 – Approving an Agreement with EC America, Inc., a Subsidiary of ImmixGroup, for the Three (3)-Year Renewal Purchase of Procore Project Management Software for the Public Works Department in the Total Amount of $72,314.22 and Authorizing the City Manager to Execute the Agreement; City Council Resolution No. 7165 – Approving an Amendment to the Managed IT Services Agreement with Mid Valley IT for the City Hall Server Cluster and Network Infrastructure Upgrade in the Amount of $335,344.35, Authorizing a Ten Percent (10%) Contingency in the Amount of $33,534.00, and Authorizing the City Manager to Execute the Amendment and Related Documents. The motion carried by the following vote: AYES: Chavez, Lewis, LLamas, Mayor Amabile; NOES: None; ABSENT: None.
Item D – City Council Resolution No. 7161 – Authorizing Award of a Construction Contract to Cal Valley Construction, inc. in the Amount of $670,402.00 with a 15% Contingency in the Amount of $100,560.30 and Amending the Fiscal Year 2026-27 Budget by 22 $398,058.53 for the De Anza Way/State Route 165 Access Improvements Project. Public Works Director Via presented the staff report and stated that the De Anza Way/State Route 165 access project had been six to eight years in the making. The project was put out to bid and seven bids were received, with Cal Valley Construction submitting the lowest bid at $670,402. Via acknowledged that the cost was higher than anticipated but stated that staff believed the higher cost was due in part to the project being relatively small and felt it was worthwhile to proceed rather than rebid the project. Mr. Via explained that the project will provide access at the intersection for vehicles to turn into and exit the neighborhood. The connection will be right-in/right-out only, with a raised median (“pork chop”) to prevent left turns. He stated that the City will coordinate additional Police Department observation and enforcement in the area to address illegal left turns. City Manager Than explained that the pork chop is consistent with Caltrans’ standard design for State Route 165. He also discussed the City’s coordination with Caltrans on a future rehabilitation project that would provide more comprehensive improvements, including pedestrian and complete-street improvements.
Council Member Lewis asked whether signage would be provided to indicate that left turns are prohibited and whether Caltrans would be responsible for sidewalks in the area.
Staff stated that the raised curb and signage would indicate no left turns, along with double-yellow striping, and Director Via confirmed that the City would install the sidewalks connecting the project to the existing sidewalk near the Credit Union. Council Member LLamas stated that the project would help mitigate traffic on Scripps by providing another exit for the neighborhood and could improve safety concerns associated with school traffic. He also noted that the project could reduce traffic on Columbia and provide a sidewalk so pedestrians would not have to walk along the dirt shoulder. He expressed appreciation for the work on the project and stated that he was excited to see it move forward. Mayor Amabile noted concerns regarding vehicles traveling too fast on De Anza and stated that the City would need to monitor traffic and consider the process for installing speed bumps. He stated that the project is a needed fix and discussed the longterm plan to improve State Route 165, including potential roundabouts.
Mayor Amabile invited the public to come forward and speak; no one came forward to speak.
Motion by Chavez, seconded by Lewis to adopt City Council Resolution No. 7161 – Authorizing Award of a Construction Contract to Cal Valley Construction, inc. in the Amount of $670,402.00 with a 15% Contingency in the Amount of $100,560.30 and Amending the Fiscal Year 2026-27 Budget by $398,058.53 for the De Anza Way/State Route 165 Access Improvements Project. The motion carried by the following vote:
AYES: Chavez, Lewis, LLamas, Mayor Amabile; NOES: None; ABSENT: None. 7H – City Council Resolution No. 7165 – Approving an Amendment to the Managed IT Services Agreement with Mid Valley IT for the City Hall Server Cluster and Network Infrastructure Upgrade in the Amount of $335,344.35, Authorizing a Ten Percent (10%) Contingency in the Amount of $33,534.00, and Authorizing the City Manager to Execute the Amendment and Related Documents. Council Member Lewis asked whether the increase was related to the recent Chamber upgrades. City Manager Than clarified that 23 the project is for upgrading the City’s servers and network infrastructure throughout the City and is separate from the completed Chamber project. Ms. Lewis also asked whether the Chamber upgrade had triggered the need for the project. Mr. Than explained that servers have a limited useful life and that the City’s current servers are approximately seven and a half years old and need to be replaced. Mayor Amabile stated that the upgraded system will allow the City to scan and manage older documents, improve the permitting process, and provide easier online access to City information through searchable files. He described the project as a significant improvement for the City.
Mayor Amabile invited the public to come forward and speak; no one came forward to speak.
Motion by Lewis, seconded by LLamas to adopt City Council Resolution No. 7165 – Approving an Amendment to the Managed IT Services Agreement with Mid Valley IT for the City Hall Server Cluster and Network Infrastructure Upgrade in the Amount of $335,344.35, Authorizing a Ten Percent (10%) Contingency in the Amount of $33,534.00, and Authorizing the City Manager to Execute the Amendment and Related Documents.
The motion carried by the following vote: AYES: Chavez, Lewis, LLamas, Mayor Amabile; NOES: None; ABSENT: None.
CONSIDERATION OF ADOPTION OF CITY COUNCIL RESOLUTION NO. 7166 – APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH 4LEAF, INC. FOR
BUILDING AND FIRE PREVENTION SERVICES AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT. Community & Economic Development Director Souza Elms presented the staff report, which included a PowerPoint presentation, and introduced Craig Toll, Vice President of Community Development with Four Leaf, Inc. Toll stated that he had been with Four Leaf for 21 years and would personally manage the City’s agreement. Mayor Amabile asked Toll to explain the services to the public. Toll explained that Four Leaf would assist with implementation of the Tyler Technologies permitting system and improve service delivery through timely plan reviews and inspections, transparency in the permitting process, and clear information regarding the status of projects. He stated that Four Leaf’s goal was to help move projects through the process efficiently and work as part of the City’s team. Council Member LLamas asked whether Four Leaf had data showing improvements in productivity and turnaround times in other municipalities before and after Four Leaf was hired. Toll stated that the results would be demonstrated through performance and that the company commits to meeting established deadlines and providing the necessary resources. Mr. LLamas stated that he was hopeful about the change and that streamlining the permitting process was long overdue for the City. Council Member Lewis asked whether the firms submitting statements of qualifications were required to provide proposed costs. City Manager Than explained the RFQ process and that contract negotiations were conducted with the highest-ranked firm. Lewis asked whether the City would know the anticipated cost of the agreement. Mr. Than and Director Souza Elms explained that Four Leaf’s compensation would be based on the same structure as the prior CSG agreement, with 65 percent of applicable permit fees going to the consultant and 35 percent retained by the City. The total cost would therefore vary based on development activity and permit valuations.
24 Mayor Amabile invited the public to come forward and speak; no one came forward to speak.
Mayor Amabile asked Ms. Souza Elms to explain the Tyler Technologies system to the public. Staff explained that Tyler is an enterprise permitting and licensing system that will allow residents and businesses to apply for and pay for permits and business licenses online, submit plans electronically, schedule inspections, and track the status of permits and licenses. Staff also explained that the system will allow City departments to work from one platform, improving communication and coordination during the review process. City Manager Than further explained that the system will support coordination between Planning, Public Works, Building, and field personnel as projects move from entitlement through construction.
Motion by Chavez, seconded by LLamas to adopt City Council Resolution No. 7166 – Approving a Professional Services Agreement with 4LEAF, Inc. for Building and Fire Prevention Services and Authorizing the City Manager to Execute the Agreement. The motion carried by the following vote: AYES: Chavez, Lewis, LLamas, Mayor Amabile; NOES: None; ABSENT: None.
CONSIDERATION OF ADOPTION OF CITY COUNCIL RESOLUTION NO. 7167 – ADOPTING THE CITY OF LOS BANOS FISCAL YEAR 2026-27 STATE LEGISLATIVE
PRIORITIES AND AUTHORIZING ADVOCACY CONSISTENT WITH THE ADOPTED LEGISLATIVE PLATFORM. City Manager Than presented the staff report and introduced Ashley Walker, Senior Policy Advisor with Nossaman LLP, who provided an update that included a PowerPoint presentation regarding the City’s proposed 2027 state legislative priorities. Mr. Than explained that adopting a legislative platform would provide direction for the City’s state advocacy efforts and allow Nossaman to respond more quickly to legislation, funding opportunities, and regulatory matters affecting the City. Ms.
Walker reviewed the City’s recent legislative efforts and highlighted the City’s work on chromium-6, including legislation that provided protections for public water systems implementing an approved compliance plan and the City’s efforts to secure state funding for its chromium-6 project. She stated that Nossaman would continue pursuing additional funding opportunities for water infrastructure. Ms. Walker reviewed the six proposed legislative priority areas: fiscal stability, local control and core services; water sustainability and environmental resources; economic development, downtown and local jobs; housing growth and neighborhood quality; streets, transportation, utilities and public facilities; and public safety and emergency response. She explained that the priorities were developed with input from City staff and review of City plans and Council discussions. She noted that the priorities are intended to guide the City’s advocacy on legislation, state funding, regulations, and grant programs.
Mayor Amabile thanked Ms. Walker and stated that he was glad to see the legislative priorities presented, noting that they address the City’s various priorities and goals and will help guide the City as it moves forward into 2027 and beyond.
Mayor Amabile invited the public to come forward and speak; no one came forward to speak.
25 Motion by Chavez, seconded by Lewis to adopt City Council Resolution No. 7167 – Adopting the City of Los Banos Fiscal Year 2026-27 State Legislative Priorities and Authorizing Advocacy Consistent with the Adopted Legislative Platform. The motion carried by the following vote: AYES: Chavez, Lewis, LLamas, Mayor Amabile; NOES:
None; ABSENT: None.
INFORMATIONAL UPDATE – DEVELOPMENT SERVICES CENTER (FORMER POLICE ANNEX). Community & Economic Development Director Souza Elms presented the staff report, which included a PowerPoint presentation, and introduced Shaunt Yamengian of Paul Halajian Architects. Director Sousa-Elms provided an update on the proposed Development Services Center at the former police annex located at 535 J Street. She reviewed the proposed floor plans, exterior improvements, parking, landscaping, and project schedule.
Council Member Lewis asked whether an elevation had been prepared for the rear of the building. Director Souza Elms stated that the exterior treatment would continue around the rear of the building. Mr. Yamengian explained that the materials shown on the front elevation would wrap around the building to create a cohesive appearance. He noted that the rear would have fewer windows and stated that the complete schematic package, including all four elevations, would be available for the Council to review in the coming weeks. Council Member Lewis asked about the secured parking area and whether neighboring businesses that previously used portions of the parking area would continue to have access. Director Souza Elms stated that the City is working to provide access from the alley for neighboring businesses to accommodate trash pickup. City Manager Than discussed the challenges associated with access and shared-use areas in the downtown area, particularly where properties have limited space, and stated that the City would work with the surrounding businesses to maintain necessary access. Council Member Chavez asked about parking availability for staff and the public. Director Souza Elms stated that the City is attempting to capture as much parking as possible in the rear of the building, but some overflow parking may still be necessary at City Hall or along J Street. She stated that securing the City's fleet vehicles would be a priority. Mr. Chavez also asked about the existing bank vaults. Director Souza Elms confirmed that the vaults will be removed and stated that staff is exploring whether the vault door could be retained somewhere in the building. She also discussed the importance of incorporating City branding and identity into the project so that visitors can see and feel Los Banos pride.
Staff is also considering incorporating historical photographs and artifacts into the facility.
Council Member LLamas asked about the elimination of the former ATM driveway on J Street and whether vehicle traffic would consequently be directed through the alley.
Director Souza Elms explained that the public would primarily access the facility from J Street, while the rear would be used for staff and City vehicles. Mr. LLamas expressed concern about potential congestion in the alley and the reduction of public parking on J Street. City Manager Than explained that the use of the building is not changing significantly from its previous use by the Los Banos Police Department and that staff and fleet vehicles would come and go throughout the day in a similar manner. He noted that Chase Bank has a parking lot available for its customers and stated that planned improvements to the alleyway should help with circulation. Mr. Than also referenced an initial review of parking utilization on J Street, which showed that the parking in front of 26 the building is not heavily utilized. Council Member LLamas noted that when the building was occupied by the Police Department, the department had access from J Street, which reduced use of the alley. He asked where the vehicles that will be assigned to the Development Services Center are currently kept. Director Souza Elms explained that the inspectors are currently based out of the Madison Office at Public Works and that some staff vehicles are currently being parked at City Hall. Mayor Amabile expressed support for the proposed design and specifically praised the City's focus on branding and identity.
He also commented that the exterior concrete panel material is consistent with the architectural character of the surrounding area and will provide easier maintenance. Mayr Amabile stated that he was excited about the project and the improvements it will bring to City services. Director Souza Elms stated that the projected completion and opening of the Development Services Center is approximately February 2028, subject to the project schedule, construction, and permitting.
Mayor Amabile invited the public to come forward and speak; no one came forward to speak.
Informational item only, no action taken.
CONSIDERATION OF ADOPTION OF CITY COUNCIL RESOLUTION NO. 7168 –
APPROVING A HOMELESS HOUSING, ASSISTANCE, AND PREVENTION (HHAP) PROGRAM AGREEMENT WITH THE COUNTY OF MERCED; APPROVING A FISCAL YEAR 2026-27 BUDGET AMENDMENT AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT. Community Economic Development Director Souza Elms presented the staff report, which included a PowerPoint presentation, explaining that the County of Merced released a request for proposals for Homeless Housing Assistance and Prevention (HHAP) Program funding to support rapid rehousing activities.
The City submitted a proposal and was notified that it had been ranked first and selected for $134,500 in funding. Ms. Souza Elms explained that the funding will support rapid rehousing activities, including rental deposits, rental application fees, landlord engagement, and landlord incentives to help individuals experiencing homelessness obtain permanent housing. The City's primary focus will be residents housed through the One Tree Permanent Supportive Housing Project, although eligible individuals in other rental housing within the community may also be assisted. Ms. Souza-Elms stated that the grant will have no impact on the City's General Fund and will increase revenues and expenditures by $134,500 in the FY 2026-27 budget. She also provided an update on the One Tree Permanent Supportive Housing Project, noting that modular units have begun arriving at the site, foundations have been poured, and construction is progressing. Full site construction is anticipated to be completed in February 2027, with occupancy of the first phase of units anticipated sooner.
Council Member LLamas asked whether accepting the grant would compel the City to initiate any additional programs or services. Ms. Souza Elms confirmed that it would not.
Mayor Amabile thanked staff for their work in obtaining the grant and noted that the City being ranked first demonstrated the good work being done by staff. He stated that the funding will help the community and individuals experiencing homelessness. 27 Mayor Amabile invited the public to come forward and speak; no one came forward to speak.
Motion by Chavez, seconded by Lewis to adopt City Council Resolution No. 7168 – Approving a Homeless Housing, Assistance, and Prevention (HHAP) Program Agreement with the County of Merced; Approving a Fiscal Year 2026-27 Budget Amendment and Authorizing the City Manager to Execute the Agreement. The motion carried by the following vote: AYES: Chavez, Lewis, LLamas, Mayor Amabile; NOES:
None; ABSENT: None.
CITY DEPARTMENT REPORTS.
Community & Economic Development. Director Souza Elms reported that the regularly scheduled Planning Commission meeting on September 23, 2026, has been canceled.
The Planning Commission will reconvene for its next regularly scheduled meeting in October. She also reported that she will be attending the League of California Cities Conference.
Finance. Director Moreno reported that she will be attending the League of California Cities Conference the following week and is looking forward to the training and networking opportunities.
Parks & Recreation. Director Heim reported that the department's Senior Suite program is scheduled for the last Friday of September. He also reported that the youth soccer program is underway and registration is open for Junior Warriors. Mr. Heim provided an update on the Pacheco Park grant, noting that two community meetings are scheduled to provide residents with an opportunity to discuss Pacheco Park and a potential state grant.
The first meeting will be held September 17 at 6:00 p.m. at the Community Center, with a second meeting scheduled for September 19 at 12:00 p.m. at Pacheco Park's Scout House. Mr. Heim also reported that an aquatics video featuring Mayor Amabile will be released soon, along with a community survey regarding aquatics. The information will be brought back to the City Council for further discussion.
Human Resources. Director Carlos stated that she had no formal report. She congratulated the City's new hires and the Employee of the Month recipients who were recognized earlier in the meeting.
Public Works. Director Via reported that a community cleanup and household hazardous waste collection event will be held Saturday from 8:00 a.m. to 12:00 p.m. at the F Street parking lot at the fairgrounds, located at F and 4th Streets. The event is hosted by Mid Valley and is free of charge. He stated that residents may dispose of items including antifreeze, automotive and rechargeable household batteries, compact fluorescent lights, computers, monitors, printers, mercury-containing thermostats, paint, used motor oil, and oil filters. Agricultural waste, compressed gas cylinders, explosives, and other hazardous materials not accepted at the event are excluded. Mr. Via also reported that residents who are unable to transport large or bulky items to the event may contact Mid Valley to schedule a curbside pickup at their residence. Four community cleanup events are held 28 each year, and residents are also eligible to schedule four individual pickup events per year.
Fire. Chief Dorenbush reported that the City's fire crews returned safely on Saturday following a 14-day strike team deployment. He stated that the crews were exhausted following the deployment and concluded his report.
Police. Chief Reyna welcomed Narita Ramirez, Administrative Clerk II assigned to the Code Enforcement Division, who began work during the week and will be introduced to the City Council at a future meeting. He also reported that a lateral police officer is being scheduled for a start date and that several police officer trainees are currently in the background process. Chief Reyna provided an update on local traffic enforcement, particularly around area schools. He stated that the Traffic Division and patrol staff are actively enforcing traffic laws to reduce collisions and promote community safety.
Comparing January through August 2025 to the same period in 2026, the City has experienced a 25 percent reduction in traffic collisions. Chief Reyna also reported that the PAL is beginning its flag football program. He thanked the PAL and Officer Miriam Rivas, who is assigned to the program, for their continued efforts to provide sports and activities for local youth.
CITY ATTORNEY REPORT. City Attorney Lerner reported that she and Assistant City Attorney Rob Lomeli will be attending the annual California League of Cities Conference the following week, Tuesday through Friday. She had no further report.
CITY MANAGER REPORT. City Manager Than thanked residents for helping keep the community clean and orderly. He reminded residents that four curbside pickup opportunities and four seasonal cleanup events are available each year for the disposal of unwanted items and encouraged residents to use these services rather than illegally dumping items. He thanked a resident who reported a license plate associated with illegal dumping and stated that the City takes these reports seriously. Mr. Than reminded the community that the 6th Street Street Faire will be held September 19. He also thanked City staff, Council Member LLamas, and the Mayor Pro Tem for participating in a tour with members of the Tree Commission and Parks & Recreation Commission to review issues along the Canal Trail, including the egret habitat. He stated that the information from the tour will be brought back to the appropriate Commission for recommendations and future actions, with the goal of addressing the issues before the next nesting season.
CITY COUNCIL MEMBER REPORTS:
DISTRICT 1: Vacant
REFUGIO LLAMAS – DISTRICT 2: Thanked staff for the progress being made on the Development Services Center and noted that the project will help provide better and quicker services to residents seeking permits. He also thanked the Police Department and Traffic Enforcement Unit for their efforts, stating that he has noticed a calming of traffic, particularly in his neighborhood. Llamas stated that the enforcement efforts were a positive step toward reinforcing public awareness of traffic laws. He also encouraged 29 residents to attend the upcoming Chamber of Commerce Street Faire and support the food vendors and local businesses.
MARCUS CHAVEZ – DISTRICT 3: Welcomed the City's new hires and welcomed Four Leaf, Inc. to the City. He expressed appreciation that the De Anza Way project will finally move forward, noting that it has been a long time coming. Mr. Chavez also commented on the City's efforts to modernize its services, including the Tyler Technologies system and online payment capabilities. He stated that there is still more work to be done but that the City is moving in the right direction. Mr. Chavez also suggested that the historic vault door from the Development Services Center could be of interest for the City's historical collection.
DEBORAH LEWIS – DISTRICT 4: Stated that she had no formal report but asked whether the proposed AT&T tower project would come before the City Council. City Attorney Lerner explained that, to her knowledge, the project would generally be considered by the Planning Commission. Ms. Lewis requested that the jurisdiction and approval process be made clear to the public, noting the significant concerns expressed by residents regarding their families, property values, and the nearby school. She asked whether the City could provide opportunities for greater public involvement earlier in the process for controversial projects. City Manager Than stated that staff could review the existing public outreach and notification process with the Council and discuss whether additional workshops or other opportunities for public input could be considered. Ms.
Lewis clarified that her concern was not whether residents had an opportunity to participate, noting that residents had received notice and attended Planning Commission meetings, but rather when the public is first made aware that a project is being considered.
She referenced the federal “shot clock” associated with wireless facilities and asked whether residents could be notified earlier, before the available review period is nearing its end. Ms. Lewis acknowledged that federal and state laws limit the City's authority over the location and review of wireless facilities. She referenced other locations that had reportedly been considered, including Target, Walmart, Crocker Locker, and Cardoza Park, and stated that the current proposed location resulted from a property owner being willing to enter into an agreement with AT&T. She expressed her desire to find a way to engage the public earlier in the process. City Attorney Lerner and City Manager Than stated that they would discuss the matter and review the process.
MICHAEL S. AMABILE – MAYOR: Stated that the City’s authority regarding the proposed AT&T tower is limited by federal regulations and referred residents to the informational flyer recently posted by the City regarding local and federal jurisdiction. He reported that he will attend an MCAG meeting the following day and will provide an update at the next City Council meeting. He also noted the upcoming Salute to Seniors event on September 25. Mr. Amabile reported on a recent meeting with County representatives and discussed the importance of continued cooperation between the City and County on projects that benefit residents and reduce costs for both agencies. He referenced the joint effort to repave Pioneer Road west of Ortigalita Road and stated that the City and County also discussed preparations for potential El Niño weather, including keeping waterways such as Los Banos Creek clear and open to help prevent flooding. Mr. Amabile also reported that the City and County are working together to address safety concerns at the 30 intersection of H Street and Overland Avenue following a serious accident. He stated that the County is supportive of making improvements to the intersection. Mr. Amabile reported on his participation in a West Light Energy Finance Executive Committee meeting, where members discuss fiscal responsibility and rates. He noted that PG&E will establish new rates in January, which will affect both PG&E and West Light Energy rates.
Mr. Amabile reported that he attended the Farm to Table event hosted by the Los Banos Downtown Association. He stated that the event was sold out and that Pat Palazzo was honored as Farmer of the Year. A proclamation was presented to Mr. Palazzo, who recently turned 90. Mr. Amabile also noted that the event was held at Dave Santos’ Farm Tractor Museum and encouraged residents to visit the museum. He reported that he met with Adam Gray to discuss potential future funding for the community and stated that he would continue working to secure funding for Los Banos. He then thanked the City Council and staff for their work and stated that he was pleased with the progress being made throughout the City. He noted that a District 1 Council seat will be open and that the filing period is expected to begin November 7 and continue through December 2, with the special election scheduled for March. He encouraged District 1 residents to consider running for the position and stated that the City would provide information to interested candidates when the filing period begins.
CLOSED SESSION – CONFERENCE WITH LEGAL COUNSEL – SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO PARAGRAPH (2) OR (3) OF SUBDIVISION (D) OF SECTION 54956.9 OF THE GOVERNMENT CODE: ONE CASE.
Mayor Amabile invited the public to come forward and speak; no one came forward to speak.
Following closed session, Mayor Amabile reported that there was nothing to report out.
ADJOURNMENT. The meeting was adjourned at __ p.m.
APPROVED:
____________________________
Michael S. Amabile, Mayor
ATTEST:
_______________________________
Lucille L. Mallonee, City Clerk
-
31 THIS PAGE IS INTENTIONALLY LEFT BLANK
32 Do not include a footer or page number
Agenda Staff Report
TO: Mayor Amabile and City Council Members
FROM: Minerva Moreno, Finance Director
DATE: September 16, 2026
TYPE OF REPORT: Consent Agenda
SUBJECT: Approval of a Sole Source Agreement with Waterworth, Inc. for Continuous Utility Rate Management Software and Support Services and Authorize Related Budget Amendment
______________________________________________________________________ Recommendation:
Approve a sole source agreement with Waterworth, Inc. for Continuous Utility Rate Management software and related support services for the City's water, wastewater and solid waste enterprise funds for an initial term of three years in the amount not to exceed $21,736 annually and $65,208 over the term; authorize the City Manager to enter into the agreement; find the procurement exempt from competitive bidding pursuant to Los Banos Municipal Code Section 3-10.250(e); and authorize a budget amendment to Fiscal Year 2026-27 for $21,736.
Background:
The City operates water and wastewater utility systems and must maintain long-range financial plans, evaluate capital infrastructure needs, conduct cost-of-service analyses, and develop rate structures that comply with Proposition 218 requirements. Staff currently relies on a combination of consultant studies and spreadsheet-based analyses that can be time-consuming to update and difficult to use for real-time decision making.
The City seeks a software platform that enables staff to maintain and update financial forecasts, asset replacement schedules, cost-of-service analyses, and utility rate models on an ongoing basis without requiring a new consultant engagement each time assumptions change.
The City's utilities face ongoing infrastructure replacement and capital funding needs that require continuous evaluation of revenues, reserves, debt service obligations, and rate LOsBanos
At the Crossroads of California
33 ITEM 6C
Formatting instructions: 1” margins and use Arial 12 pt for the font Do not include a footer or page number
impacts. Staff must also be prepared to advise the City Council regarding proposed rate adjustments, capital projects, funding strategies, and customer affordability considerations.
Waterworth provides a cloud-based platform that integrates long-term financial modeling, asset replacement planning, cost-of-service analysis, rate design, and scenario modeling into a single system that can be maintained by City staff.
Discussion:
Staff reviewed available alternatives including traditional utility rate consulting services, municipal budgeting and financial planning platforms, utility billing systems, and internally maintained spreadsheet models. While these solutions may address portions of the City's requirements, staff did not identify another solution that combines long-term financial planning, asset replacement scheduling, cost-of-service analysis, rate design, accountlevel impact analysis, and real-time scenario comparison within a single platform maintained directly by City staff.
Based on the City's review, Waterworth is the only identified provider offering the specific combination of functions required to support the City's continuous utility rate management objectives.
Waterworth is proprietary software available directly from its developer and is not distributed through resellers or third-party vendors. The platform combines:
• Long-term financial modeling
• Asset replacement planning
• Cost-of-service analysis
• Utility rate design
• Scenario comparison tools
• Unlimited user access and support
Staff determined that this integrated functionality is not available from other sources reviewed during the City's market research.
The vendor provided subscription pricing based on contract term. The proposed threeyear subscription is $21,736 annually, for a total cost of $65,208 over the initial three-year term. The subscription includes implementation, training, cost-of-service capabilities, financial modeling, asset management features, scenario exploration, unlimited user licenses, and unlimited support and advising services.
Staff believes the proposed pricing is reasonable considering the breadth of services included and the potential reduction in future consultant costs associated with updates, scenario analysis, and utility planning efforts.
Based upon staff's review of available alternatives and the proprietary nature of the software, the Finance Department finds that Waterworth, Inc. is the only identified source capable of providing the City's required continuous utility rate management platform and 34 Formatting instructions: 1” margins and use Arial 12 pt for the font Do not include a footer or page number
recommends approval of the sole source procurement pursuant to LBMC Section 3-
10.250(e).
Approval of the agreement and budget amendment will provide staff with a continuous utility rate management platform to support long-term financial planning, capital funding analysis, cost-of-service evaluations, and utility rate development for the City's enterprise operations.
Fiscal Impact:
The proposed agreement would be funded through the Water, Wastewater, and Solid Waste Enterprise Funds. The total contract amount for the initial three-year term is $65,208, or approximately $21,736 annually. A budget amendment is requested as part of this action to appropriate $21,736 for Fiscal Year 2026-27, as follows:
• 501-410-100-273 $7,245.33
• 502-410-100-273 $7,245.33
• 510-410-100-273 $7,245.34
Beginning in Fiscal Year 2027-28 and continuing for the duration of the agreement, the annual subscription cost will be incorporated into the respective enterprise fund operating budgets through the City's normal budget process.
Reviewed by:
______________________________
Soknirorn Than, City Manager
Attachments:
1. Resolution
2. Vendor Sole Source Letter
3. Vendor statement of unique capabilities (Unique Value Proposition Document)
4. Quote
5. Terms of Service Agreement
35 THIS PAGE IS INTENTIONALLY LEFT BLANK
36 RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS APPROVING A SOLE
SOURCE AGREEMENT WITH WATERWORTH,
INC. FOR CONTINUOUS UTILITY RATE
MANAGEMENT SOFTWARE AND SUPPORT
SERVICES, AUTHORIZING A BUDGET
AMENDMENT, AND AUTHORIZING THE CITY
MANAGER TO ENTER INTO THE AGREEMENT
WHEREAS, the City of Los Banos operates water, wastewater, and solid waste enterprise funds and is responsible for long-term utility financial planning, cost-ofservice analysis, infrastructure funding analysis, and utility rate development; and WHEREAS, the City seeks a software platform that enables staff to maintain and update financial forecasts, asset replacement schedules, cost-of-service analyses, and utility rate models on an ongoing basis without requiring separate consultant engagements; and
WHEREAS, City staff reviewed available alternatives, including traditional utility rate consulting services, municipal budgeting platforms, utility billing systems, and internally maintained spreadsheet models; and
WHEREAS, City staff determined that Waterworth, Inc. is the only identified provider offering the specific combination of long-term financial modeling, asset replacement planning, cost-of-service analysis, utility rate design, scenario comparison tools, and unlimited user access and support required to meet the City's needs; and WHEREAS, the City has determined that the proposed procurement qualifies for the sole source exemption pursuant to Los Banos Municipal Code Section 3-10.250(e); and
WHEREAS, the proposed agreement provides for an initial three-year term at an annual cost of $21,736, for a total amount not to exceed $65,208; and WHEREAS, a budget amendment is required to appropriate funding in Fiscal Year 2026-27 in the amount of $21,736 as follows:
• Water Enterprise Fund (501-410-100-273): $7,245.33
• Wastewater Enterprise Fund (502-410-100-273): $7,245.33 • Solid Waste Enterprise Fund (510-410-100-273): $7,245.34 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does:
37 1. Approve a sole source agreement with Waterworth, Inc. for Continuous Utility Rate Management software and related support services for the City's water, wastewater, and solid waste enterprise funds for an initial term of three (3) years in an amount not to exceed $21,736 annually and $65,208 over the term.
2. The City Council finds that the procurement is exempt from competitive bidding pursuant to Los Banos Municipal Code Section 3-10.250(e).
3. The City Council authorizes a Fiscal Year 2026-27 budget amendment in the amount of $21,736, allocated as follows:
o Water Enterprise Fund (501-410-100-273): $7,245.33
o Wastewater Enterprise Fund (502-410-100-273): $7,245.33 o Solid Waste Enterprise Fund (510-410-100-273): $7,245.34
4. The City Manager is authorized to enter into the agreement and any related documents necessary to implement this Resolution.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 16th day of September 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
38 MEMORANDUM
TO: Council Members
FROM: Minerva Moreno, Finance Director
DATE: September 16, 2026
SUBJECT: Consideration to Purchase between the City of Los Banos and Waterworth, for the purchase of a Software as a Service Solution for Continuous Utility Rate Management.
SOLE SOURCE INFORMATION:
This is a sole source purchase from Waterworth, therefore no bids were requested (Sole Source Letter included).
Waterworth is the only integrated multi-tenant Software-as-a-Service (SaaS) solution designed specifically for Continuous Utility Rate Management and made exclusively for Local Government. A Multi-tenant architecture saves cost, improves scalability, makes it easy to update and evolve, improves the efficiency of resources used, and makes it possible to enable comparison of Key Performance Indicators with other similar communities.
Based on the Sole Source requirements outlined by the National Association of State Procurement Officials (NASPO), the 5 components listed below identify the unique Sole Source features of the Waterworth product offering:
1. Unique & Proprietary Technology
2. Highly-Specialized Purpose-Built
3. Compatibility with Existing Systems
4. Quick Implementation & Training
5. Professional Advice & Coaching
SOFTWARE INFORMATION:
This purchase request is for Software Subscription & Professional Services, relating to the following key Products/Services:
Long-Term Financial Model, Revenue Requirements Forecasting, Sustainable Asset Reinvestment Budgeting, Cost of Service Analysis, Rate Design, Rate Impact Analysis, Unlimited Support, Expert Advice, Unlimited Users, Training of New Staff on Waterworth.
COST & FUNDING SOURCE INFORMATION:
The total requested purchase amount is $65,208. The Contract term is for a period of three years; October 2026, through October 2029.
Funding for this purchase is available in the GL Account: 501-410-100-273; 502-410-100-273; 510-410-100-273 39 THIS PAGE IS INTENTIONALLY LEFT BLANK
40 1 844 349 2837
[email protected]
waterworth.net
08/20/2026
RE: Waterworth Sole Source Justification
Dear Mayor Amabile and City Council Members,
By partnering with Waterworth — the leader in continuous utility rate management solutions for municipal government — the organization will gain access to the only Software-as-a-Service solution designed specifically for municipal utility managers. Waterworth’s long term financial model, asset replacement schedule, cost of service analysis and rate design workflow deliver the industry’s most advanced decision and planning platform.
Using data to drive better utility rate setting leads to smarter decisions made more efficiently.
Based on the Sole Source requirements outlined by the National Association of State Procurement Officials (NASPO), the Single/Sole Source Procurement our clients have referenced include:
1. Unique & Proprietary Technology
2. Highly-Specialized Purpose-Built
3. Compatibility with Existing Systems
4. Quick Implementation & Training
5. Professional Advice & Coaching
1. Unique & Proprietary Technology
Waterworth is a specialized, purpose-built cloud-based, multi-tenant application, designed for local governments, to manage rates in a way that is maximally sensitive to the needs of the communities they serve. This section lists the specific proprietary intellectual property of Waterworth software:
1. Government User Focus: Our users are extremely busy, prioritizing quick results and function. This drives our UX design philosophy of Extreme Usability over Aesthetics. This philosophy is reflected in the core product workflow, visualization design and progressive model evolution. and reasoning.
2. Visualization: Our customers use the software not as an end unto itself (like say, accounting software), but as a carefully crafted set of story elements leading to better conversations between city and elected officials. This means our visualizations have been developed to align with the story-telling imperative using techniques like layering and juxtaposition.
3. Scenario Management: To fulfill our promise of Continuous Rate Management, we must support the ongoing rapid evolution of model scenarios. This has engineering implications on identification, inheritance, adaptation, roll-backs and versioning. The underlying technical complexity is abstracted by a user experience that is extremely simple.
4. Advanced Financial Modelling: the heart of the Waterworth engine is trusted math implemented to facilitate dynamic analysis with drill-downs, zoom-outs and extrapolation. The core model has been developed with a pure functional implementation that allows us to continue to develop and incorporate advanced math functionality with zero side effects.
w WATERWORTH '"
41 1 844 349 2837
[email protected]
waterworth.net
5. Model Integrity: The product is relied upon by communities of tens of thousands of people with longterm financial implications. To maximize integrity, we employ rigorous pre-compute and post-compute protocols, model introspection and software built-in integrity self-tests (BIST).
6. Specialized functionality: This is an ever-increasing set of features delivering rate design, comprehensive cost of service analysis, and affordability. This necessitates discrete class management, advanced data ingestion, domain-specialized input validation, data separation, and functional synthesis.
7. Collaboration Fabric: Governments across America have notional similarities in structure and personnel job titles. These translate into vastly different real contexts based on tenure, skill sets, working relationships and priorities. To manage this, we use amorphous organizational modeling, and flexible role mapping to make user collaboration simple and intuitive.
8. Latency Optimization: America is a vast country with municipalities geographically distributed. To achieve our proven minimal latency and maximal responsiveness, we evolved a simple cloud-based architecture rooted in origin server to one with a significant rich client element requiring significant proprietary innovations in fractionalization of data sets, data streaming, adaptive caching, cache coherence management, with advanced locality of reference optimization.
9. Multi-dimensional Data Matrix: Billing data sets can be quite large and typically have many relevant parameters: facility, function, billing type, customer class, time-of-day, metered consumption, meter size, billing equivalents, equivalent domestic units, or some other multipliers. A multi-dimensional data matrix combined with functional programming allows for compression, organizing, optimized search and computation without losing any data fidelity.
Every one of the deep technical aspects outlined above represents original innovation and novel user archetyping, use-case development, interface design, data pipelines, data science techniques, algorithm design and deployment patterns.
But the breakthrough intellectual property benefits for customers come from extremely tight integration of all of these discrete innovations into a cohesive user experience. Taken as a whole, the resulting application at this time is a highly polished, purpose-built, tightly integrated technology without any competitive peer whether as a standalone specialized software, model developed in a general-purpose tool or delivered as a human-mediated service.
2. Highly Specialized Purpose Built
Waterworth is not a generalized forecasting tool. It was built specifically for utility rates management and includes specialized features. The following attributes set Waterworth apart from other vendors of more generalized software.
1. M1 Compliance: The American Water Works Association (AWWA) has released many editions of its M1 Manual – The Principles of Water Rates, Fees and Charges. Waterworth complies with the methods and techniques detailed in M1 and integrates together into one model revenue requirements, cost of services analysis and rate design.
w WATERWORTH '"
42 1 844 349 2837
[email protected]
waterworth.net
2. Billing Data Onboarding Templates: Billing data can be onboarded into Waterworth for analysis and rate design.
3. Separately model fixed v. variable revenues: most utilities have a rate structure that includes both a fixed and a variable component.
4. Model Base Use Decline: Water demand is decreasing on a per capita basis due to the natural uptake of water efficient devices and appliances.
5. Customizable cost-of-service model: There are many different approaches to utility cost-of-service analysis. Waterworth lets you customize an approach that works for you.
6. Develop rate cards in minutes: Our powerful rate designer can model any type of rate structure.
7. Automatic rate scheduler: Automatically connects your financial forecast to a schedule of rates that can go out as far as you want: 5 years? 20 years?
8. Detailed billing data integrity analysis: If there are issues in your billing data, Waterworth will find them so you can fix them in your billing software. Sometimes this leads to more revenue.
9. Billing impact analysis: Water BIA tools shows impacts on aggregate or detailed account-by-account basis so you can see how a proposed rate structure will impact different customers.
10. Mid-year rate increases: Rates are not always updated at the start of a fiscal year. Waterworth can adjust the forecast calculations if a rate increase is adopted mid-year.
11. Water affordability: Waterworth helps you not only understand whether there may be a cost burden to certain customers, but you can also use Waterworth to recalibrate rates to shift the cost burden to higher users.
3. Compatibility with Existing Systems
Waterworth is data compatible with many billing and asset management software systems. This means that you can export data from your other systems into a format that is nearly readily ingestible by Waterworth.
Current development efforts are underway to support full API integration with other software platforms.
4. Quick Implementation & Training
Waterworth allows you to accomplish more with less with the industry’s most user-friendly training and unlimited support and advising. While some software systems like ERP or budgeting software can take months and sometimes years to implement, Waterworth implementation is very fast. First, the Waterworth support team assists with onboarding data and user training. Second, the capabilities of Waterworth make it very user-friendly, intuitive, and therefore quick to learn and to achieve results.
User-Friendly Design
Waterworth has many characteristics of Microsoft Excel making it immediately intuitive to use. For example, like Excel you can copy-paste numbers around or enter numbers manually. You can select blocks of numbers and like Excel, Waterworth will give you the sum, average and count of those numbers. Waterworth also augments the MS Excel experience by removing the troublesome brittleness: you can’t break Waterworth, and you can trust sharing it with someone else knowing they can’t break it either. The in-App navigation promotes a logical workflow and lets you easily find things. w WATERWORTH '"
43 1 844 349 2837
[email protected]
waterworth.net
Easy Collaboration
As a cloud-based and multi-tenant platform, Waterworth is accessible anywhere via browser and internet.
This facilitates sharing with others and makes collaboration easy. Each user can protect their own scenarios, while also sharing them with others. Powerful visual scenario comparison tools including side-by-side, difference, and overlay modes, enable efficient team, committee, board, and council conversations.
Cross Service Area Scenarios
Model your several funds independent of each other, then recombine those models into one rolled-up summary for the organization. And project-based capital planning across multiple service areas makes it easy to distribute the costs of a project across different departments or funds.
Effortless, Real-time decision-making
By staying on top of the modeling, that is, making updates when things change, the model is always ready to answer questions. By presenting the model frequently to decision-makers, they become accustomed to the model and this familiarity leads to trust and easier decision-making.
5. Professional Advice and Coaching
We’re mathematicians with financial forecasting and rates modeling expertise. We’re also experts in communicating difficult concepts, facilitating efficient conversations, and exploring scenarios to arrive at smart decisions. Think of us as a fractional sustainability analyst, a 0.1 FTE with an office down the hall:
when you have some questions or need support, just come knocking, we’re there and we’ve got your back.
We’re excited to have the opportunity that you might join the growing number of communities practicing Continuous Rates Management to the betterment and long-term resilience of the important infrastructurebased services delivered to the public.
Sincerely,
Ana McGrath
Account Executive
206-803-2044
[email protected]
w WATERWORTH '"
44 1 844 349 2837
[email protected]
waterworth.net
Unique Value Proposition Document
Waterworth was founded in direct response to the nation’s estimated trillion-dollar infrastructure deficit, a clear indication that traditional solutions have failed to meet urgent and evolving needs. Waterworth’s mission is Empowering Local Govt in Delivering Sustainable Services and winning back the Public Trust. Achieving this requires a devoted attention to Financial Sustainability, Intergenerational Equity and Affordability Today.
Governments working with the Waterworth solution are achieving this by developing key strategic insights into their utility’s financial trajectory, having highly efficient conversations about infrastructure investments, leading to smarter decisions made more quickly, and all the while saving a lot of everyone’s precious time – and it’s inexpensive.
The Waterworth solution encompasses a framework termed Continuous Rates Management which has three parts:
1. A comprehensive cloud-based platform that handles difficult data-driven modelling computations and enables interactive real-time scenario exploration to optimize collaboration.
2. Support & advisory services for handling difficult data onboarding, guiding modelling, planning and storytelling strategy, and a proactive motion to keep models up to date in the face of many moving parts.
3. Collaborative engagement within a community of local governments with similar issues to be able to share ideas and strategies on a common platform.
The National Association of State Procurement Officials (NASPO) has identified common justification themes for sole source procurement, with the following five components aligning with the justifications outlined in NASPO’s Sole Source Procurement Redesign 2024 and various state procurement regulations. While procurement methods may vary, this document utilizes these themes due to their broad applicability and ability to clearly articulate Waterworth’s unique offerings.
The five components are as follows:
1. Unique & Proprietary Technology – Exclusive intellectual property, patented innovations, or proprietary solutions that are unavailable from other vendors.
2. Highly-Specialized Purpose-Built – Tailored products or services designed to meet a specific, missioncritical need that cannot be met by off-the-shelf alternatives.
3. Compatibility with Existing Systems – Essential integration with current infrastructure, software, or operational workflows, minimizing transition costs and risks.
4. Quick Implementation & Training – The ability to rapidly deploy and onboard users, ensuring minimal disruption to operations.
5. Professional Advice & Coaching – Expert guidance, industry-specific insights, and ongoing advisory services that enhance the value of the solution.
w WATERWORTH '"
45 1 844 349 2837
[email protected]
waterworth.net
1. Unique & Proprietary Technology
The Waterworth Platform is an integrated, multi-tenant cloud-based SaaS with a federated modular aggregation architecture designed specifically for Continuous Rate Management.
1. Integrated: the four pillars of continuous rate management (asset replacement schedule, longterm financial forecast, cost of service analysis, rate design) are not standalone components but rather fully integrated together into one workflow, each adding value to the others without integrity issues.
2. Multi-tenancy: improves scalability, makes it easy to update and evolve, improves the efficiency of resources used, and makes it possible to enable comparison of Key Performance Indicators with other similar communities.
3. Aggregation Framework: The architecture creating multiple models in a government context, separately and independently from each other but also allowing for consolidation of those models.
4. Distribution Framework: for cross-fund projects, clients can distribute cost, grants, borrowing and paygo cash in any combination from any number of services areas towards the project.
5. Federated Architecture: independent entities can run independent models, while also sharing some or all aspects of their models with higher-order organizations such as associations, joint action agencies, or state-level government.
6. Government User Focus: Waterworth users are extremely busy, prioritizing quick results. The App uses a UX design philosophy of extreme usability over aesthetics. This philosophy is reflected in the core product workflow, visualization design, and progressive model evolution and reasoning.
7. Story-like Visualization: The software is not as an end unto itself, but more a carefully crafted set of story elements to support better conversations between city staff and in presenting to elected officials.
This story-telling imperative incorporates techniques like layering and juxtaposition.
8. 3D Scenario Exploration: is not just about changing assumptions, this also involves comparing with other scenarios, and supporting and managing deltas. Scenario comparison is supported in 3 dimensions: side by side, overlay and difference comparisons which together provide a holistic perspective, critical for both trouble-shooting and storytelling.
9. Scenario Management: Continuous Rate Management, unique to Waterworth, demands the ongoing rapid evolution of model scenarios with engineering implications on identification, inheritance, adaptation, rollbacks and versioning with the real challenge being to abstract away the underlying technical complexity with an intuitive user experience that is extremely simple.
10. Advanced Financial Modelling: the heart of the Waterworth engine is battle-tested math implemented to facilitate dynamic analysis with drill-downs, zoom-outs and extrapolation. The core model has been developed with a pure functional implementation that allows continuous development and incorporation of advanced math functionality with zero side effects.
11. Model Integrity: To maximize integrity, Waterworth employs rigorous pre-compute and post-compute protocols, model introspection and built-in integrity self-tests (BIST). ~ WATERWORTH '"
46 1 844 349 2837
[email protected]
waterworth.net
12. Specialized functionality: This is an ever-increasing set of features delivering rate design, comprehensive cost of service analysis, and affordability. This necessitates discrete class management, advanced data ingestion, domain-specialized input validation, data separation, and functional synthesis.
13. Collaboration Fabric: Governments across America have notional similarities in structure and personnel job titles. Yet, these translate into diverse real contexts based on tenure, skill sets, working relationships and priorities. To manage this, Waterworth uses amorphous organizational modelling, and flexible role mapping to make user collaboration simple and intuitive.
14. Latency Optimization: America is a vast country with geographically distributed municipalities. To achieve our proven minimal latency and maximal responsiveness, Waterworth has evolved a cloudbased architecture serving an adaptive rich client requiring significant proprietary innovations in fractionalization of data sets, data streaming, adaptive caching, cache coherence management, with advanced locality of reference optimization.
15. Multi-dimensional Data Matrices: Billing data sets can be quite large and typically have many relevant parameters: facility, function, billing type, customer class, time-of-day, metered consumption, meter size, billing equivalents, equivalent domestic units, or some other multipliers. Multi-dimensional data matrices processed in functional pipelines allow for compression, organization, optimized search and computation without any loss of data fidelity.
Every one of the deep technical aspects outlined above represents original innovation and novel user archetyping, use-case development, interface design, data pipelines, data science techniques, algorithm design and deployment patterns.
The breakthrough intellectual property benefits for customers come from extremely tight integration of all of these discrete innovations into a cohesive user experience. Taken as a whole, the resulting application at this time is a highly polished, purpose-built, tightly integrated technology without any competitive peer whether as a standalone specialized software, model developed in a general-purpose tool or delivered as a human-mediated service.
2. Highly Specialized Purpose Built
Waterworth was built specifically for utility rates management and includes specialized features. The following attributes set Waterworth apart from other vendors of more generalized software.
1. M1 Compliance: The American Water Works Association (AWWA) has released many editions of its M1 Manual – The Principles of Water Rates, Fees and Charges. Waterworth complies with the methods and techniques detailed in M1 and integrates together into one model revenue requirements, cost of services analysis and rate design.
2. Billing Data Onboarding Templates: Multiple years of billing data can be onboarded directly into Waterworth for analysis and rate design using a template. ~ WATERWORTH '"
47 1 844 349 2837
[email protected]
waterworth.net
3. Billing Data Reconciliation: Waterworth then allows for extremely accurate integrity analysis and billing reconciliation. Typically finding actionable anomalies within current billing practices and ensuring designing of rates going forward is calculated from a sound understanding of account data.
4. Billing Distribution: There’s a billing distribution tool with scale and zoom to drill deeply into usage (whether on #bills, consumption, fixed or variable revenues)
5. Model Base Use Decline: Water demand is decreasing on a per capita basis due to the natural uptake of water efficient devices and appliances.
6. Customizable cost-of-service model: There are many different approaches to utility cost-of-service analysis. Waterworth lets Clients customize an approach that aligns with their intentions or preferences.
7. Develop rate cards in minutes: Our powerful rate designer can model any type of rate structure.
8. Automatic rate scheduler: Automatically connects financial forecast to a schedule of rates that can extend to 5 – 20 years.
9. Billing impact analysis: Water BIA tools shows impacts on aggregate or detailed account-by-account basis to show how a proposed rate structure will impact different customers.
10. Rates driven Revenues: connect a rate card (which is linked to real billing data) to the financial model and control revenues by adjusting rates. This feature auto-calibrates to eliminate discrepancies between billing data and reported actual revenues.
11. Mid-year rate increases: Rates are not always updated at the start of a fiscal year. Waterworth can adjust the forecast calculations if a rate increase is adopted mid-year.
12. Water affordability: Waterworth helps not only understand whether there may be a cost burden to certain customers but can recalibrate rates to shift the cost burden to higher users.
13. Cash Policies: Set a collection of cash reserve policies to ensure the financial model ends up balanced and financially secure going into the future across various cost types.
14. Debt Service Coverage Ratio: lenders and credit raters often look at this ratio to determine credit worthiness and to set credit rating.
15. Capital Reinvestment Target: The Capital Reinvestment Target is generated from the asset replacement schedule and represents an annual multi-sourced future reinvestment budget for maintaining sustainability. This target overlays on the financial model to illustrate how actual and projected spending compares with the Capital Reinvestment Target.
16. Cross Service Area Scenarios: Model several funds independent of each other, then recombine those models into one rolled-up summary for the organization. And project-based capital planning across multiple service areas makes it easy to distribute the costs of a project across different departments or funds.
3. Compatibility with Existing Systems
Waterworth is data compatible with many accounting, billing and asset management software systems. This means that data can be exported from other financial reporting or forecasting systems into a format that is readily ingestible by Waterworth. Current development efforts are underway to support full API integration ~ WATERWORTH '"
48 1 844 349 2837
[email protected]
waterworth.net
with many other software platforms. The Client Success Team are trained and specialized in being able to onboard data manually that falls outside of the App’s current native onboarding capabilities.
GL Multiplexed with user input
1. Enables onboarding of General Ledger data straight from the accounting system, formatted in a “rolled-up” way that reduces clutter and provides Clients with strategic insights.
2. This actual data is multiplexed with non-GL data in a seamless way. Thus, GL driven line items can coexist with user-inputted and projected/calculated data.
3. Soon Waterworth will have the ability to onboard GL on monthly basis and do End-of-Year Forecasting which is an improvement over typical account system variance analysis because the forecast considers the historical patterns of line items.
4. Quick Implementation & Training
Waterworth’s product and service offering is built to minimize the time necessary from Clients to build and maintain financial models and reports relative to any alternative available. Waterworth is an industry leader in its user-friendly training, unlimited support and advising, while also allowing Clients to be self-sufficient if desired for full control over all inputs into the App.
Waterworth can be implemented in a matter of days to provide valuable insights to Clients’ long-term financial trajectory and facilitate near immediate course correcting scenarios. Some Clients have built realistic financial models and proposed funding solutions in as little as 48 hours.
The dedicated Client Success Team is measured on their ability to deliver results quickly; and the underlying software is built to be as intuitive and quick to learn as possible, while maximizing results delivered.
Friendly and Intuitive User Experience
Waterworth is designed to look and feel like Excel to take advantage of Excel’s familiarity for operations such as:
- entering, deleting numbers in cells,
- navigating around using tab and cursor keys,
- cut-copy-pasting single or blocks of numbers around, including to and from an actual Excel workbook, - undo, redo
- a status bar that shows sum, average, trend
- cell notes
- and more…
The User Experience is constrained to not allow changes to be made to the underlying math. Brittleness in other software’s formulas, circular references and other such errors resulted directly in the architecture of Waterworth. This security of formulas allows for more consistent results, more reliable and faster collaboration between stakeholders involved in developing and reviewing the workings conducted within Waterworth.
~ WATERWORTH '"
49 1 844 349 2837
[email protected]
waterworth.net
Easy Collaboration
- As a cloud-based and multi-tenant platform, Waterworth is accessible anywhere via browser and internet. This facilitates sharing with others and makes collaboration easy. Each user can protect their own scenarios, while also sharing them with others.
- If a Client chooses to collaborate with another organization, a neighbouring city for example, as users of this platform, they not only will both be immediately familiar with each other’s models, because of the federated architecture, they'd be able to create a combined project, eg. sharing the costs of a new treatment plant.
- Powerful visual scenario comparison tools including side-by-side, difference, and overlay modes, enable efficient team, committee, board, and council conversations. - Shareable Links: This allows Clients to share slices of their model with others who are not users on the platform: a vendor, engineering firms, council members, and members of the public. This can be done in read-only mode, or non-persistent edit mode which means the person with whom the link was shared can’t overwrite the underlying model. This is useful for collaborating but allows curation and controlled adoption of others’ results.
Iterative Progress Once Calibrated
A combination of the Client Success Team and Continuous Revenue Management framework, the time necessary to keep a model up-to-date and providing strategic insights lessens as more information is fed into the model. Meaning that Clients can spend less time building and maintaining models, save time presenting decision makers concise insights while allowing data-driven, strategic decisions to be made in a timely manner.
5. Professional Advice and Coaching
The Waterworth Client Success Team is comprised of several financial forecasting specialists with a deep understanding of the Waterworth App, how to guide Clients towards building and calibrating financial models aimed at financial sustainability, as well as design utility rates in accordance with best practices such as the AWWA’s M1.
The Client Success Team also assists, advises and coaches Clients on how to use the App as a conversation piece within and between internal and external stakeholders alike. Time will be taken periodically to fully understand the strategic goals of the Client and Waterworth’s Team will provide resources, guidance, actionable plans and logistical assistance in the achieving of these goals.
Waterworth effectively communicates complex (at times contentious) financial concepts to a variety of stakeholders and has a track record of being able to clearly articulate (with the visual aids of the App) what the trade-offs are between the strategic decisions available to stakeholders such as City Staff, Elected Officials, Grant Approvers, the Public, among others. The Client Success Team is trained to facilitate conversations to maximize cohesion of understanding of multiple complex topics among a variety of stakeholders. As well as providing guidance to Clients as to how they can do the same leveraging the App as a conversation piece.
~ WATERWORTH '"
50 Note: The Subscriber may terminate the Subscription at any time. Upon termination, Muniworth will reimburse the Subscriber pro-rata for the remaining unused years of the Subscription, calculated at a rate of 75% of the remaining balance of the Subscription Fee for the unused years.
Subscription effective date is on the day of the Getting Started Meeting when user sign-in accounts are created. Renewal invoices will be sent 60 days before subscription end date. Prices set to increase by 5% per year, only effective from 2033 onwards. 0% inflation between 2026-2032
QUOTE Quote date: Sept 10th, 2026
Los Banos, CA
Prepared by: Ana McGrath
[email protected]
206-803-2044
Waterworth Innovations Inc.
PO Box 23118
Victoria BC V8V 4Z8
Canada
[email protected]
IRS EIN: 98-1320761
CA GST #: 789699 329 RT0001
Item Description Annual
Price
Cumulative Cost
Asset Replacement
Long-Term Financial Model
Scenario Exploration
Rate Design
Cost of Service
Software Access to Water, Wastewater & Solid Waste
Unlimited Support and Advising
36- Month Subscription – upfront payment to receive discount $24,700 $74,100
12% Discount
(-5% inflation)
Total Savings
Total USD
$8,892
(-$3,767)
$12,659
$65,208
Professional Support Package included with full subscription • Unlimited 1 on 1 coaching and assistance with all included tools • Expert advice with Financial Modeling, Infrastructure Analysis and Rate Design • Onboarding of external financial model or Pro Forma into Waterworth’s Financial Model and refining model
• Assistance with project management and organization to help meet deadlines and stay on track of priorities
• Training to help you more effectively communicate with elected officials and between departments • Assistance with analysis of complex datasets, and impact analysis of any scenarios or proposed changes • Assistance with presenting models internally or to Boards/Councils • Assistance with onboarding instructions for Assets, Population, Flows or Billing Data • Training of new staff on Waterworth
w WATERWORTH '" ~ MUNIWORTH '"
51 Note: The Subscriber may terminate the Subscription at any time. Upon termination, Muniworth will reimburse the Subscriber pro-rata for the remaining unused years of the Subscription, calculated at a rate of 75% of the remaining balance of the Subscription Fee for the unused years.
Subscription effective date is on the day of the Getting Started Meeting when user sign-in accounts are created. Renewal invoices will be sent 60 days before subscription end date. Prices set to increase by 5% per year, only effective from 2033 onwards. 0% inflation between 2026-2032
w WATERWORTH '" ~ MUNIWORTH '"
52 360008.1 1
Muniworth Innovations = the company
Muniworth® = Waterworth® and the software
Muniworth InnovationsInc. d/b/a Waterworth
Terms of Service Agreement
(the “Agreement”)
Version: 27 May 2026
Plain English Summary
Muniworth Innovations Inc.’s (“Muniworth Innovations”) mission is to improve the sustainability of communities. It is our goal to provide you with the very best cloud-based continuous financial management and forecasting solution geared towards assisting management of local government services.
A service like this has multiple aspects: it includes software that Muniworth Innovations has developed, a website, which is the access point for you to use the software, a numerical calculation service and many other items of Muniworth Innovations’ intellectual property. You need to subscribe to the service in order to be authorized to use these, and you need to agree to the terms under which we provide them. That is what this document is. Please read it carefully. By using Muniworth® you are agreeing to these terms. If you do not agree with each and all of these terms, do not subscribe to or use Muniworth®.
If you are interested in this software product, you are an entity involved in the management and administration of local government services. You should know that we and our licensors retain all the intellectual property in the software being offered to you as part of the service, and that you are acquiring a non-exclusive right to use the service. You are not “buying” the service and you will not “own” it, you are simply getting a right to use the service.
The service is only provided to you once you have agreed to the terms below and have made the required annual payment. The Service is subscription-based, so it only continues while you keep that subscription current.
You understand that the service is being offered at a competitive price considering the years of development that went into it and considering the costly alternative of hiring a consultant to provide the calculations that you can use through Muniworth®. We cannot provide any warranty about fitness for any purpose, except for calculating revenues and other parameters based on various rates, costs and other data you input into Muniworth®. Those who are using it have to take responsibility for whatever they do with it. We spell all this out in detailed terms below.
You should understand the importance of these provisions before you accept the terms of the Agreement and use the service.
Simply stated however, in accordance with the Agreement:
Muniworth Innovations will:
• provide you with access to its online municipal services calculation software, Muniworth®; • provide you with technical support to use Muniworth Software which includes updates and upgrades; • store and back up your data and Muniworth® generated results in a safe and secure manner that meets industry standards;
• endeavor to keep Muniworth® up and running at the times you need it; and, • have the right to use the data you upload and the Muniworth® generated results to improve and develop Muniworth Software.
You will:
• pay the annual subscription fee;
• send Muniworth a copy of the necessary data and continue to maintain the original data on your servers; • retain ownership of the data you upload and the Muniworth® generated results; and, • receive Muniworth® generated results based on the data you upload onto Muniworth®; • be responsible for all the activity under your Muniworth® account.
You can:
• make suggestions on how to improve your experience;
• let other members of your organization use Muniworth®; • authorize other third parties to use Muniworth® on your behalf; and, 53 360008.1 2
• cancel your subscription for the following year at any time.
You cannot:
• use Muniworth® for any improper use, including copying the Muniworth® source code; and/or • use Muniworth® without making your annual subscription fee payments.
1. Definitions
“Agreement” means this agreement, its schedules, and any amendments made to the Agreement pursuant to Clause
30. “Business Day” means any weekday other than a bank or public holiday in British Columbia, Canada. “Business Hours” means the hours of 9:00 am to 5:00 pm PST or PDT, as the case may be, on a Business Day. “Documentation” means this Agreement, related agreements, terms of service, and policies, as included and referred in this Agreement.
“Muniworth Innovations” means Muniworth Innovations Inc. d/b/a Waterworth with a corporate records office at 201-19 Dallas Road, Victoria BC, V8V 5A6, a company incorporated in British Columbia. “Effective Date” means the date of Your acceptance of the terms under the Agreement. “Force Majeure Event” means an event, or series of related events, that is or are reasonably unforeseeable or outside the reasonable control of the party affected, and which include(s):
1. failure of the internet or any public telecommunications network;
2. cyber attack;
3. denial of service attack;
4. virus or other malicious software attacks;
5. power failures;
6. industrial disputes affecting any third party’s services to Muniworth Innovations in relation to Muniworth Innovations fulfilling its obligations under the Agreement;
7. a World Health Organization declaration of a Pandemic;
8. natural disasters including explosions, fires, earthquakes, floods and the like; and,
9. riots, terrorist attacks, wars and the like.
“Hosted Service” means the following cloud-based services through Muniworth®:
1. the financial management and utility rates analytical tools and services made available by Muniworth® through Your account;
2. all software, services, data, text, images, sounds, video and content made available through Your account, including all additions or updates thereto which are made from time to time and made available through the Documentation; and
3. all related information made available through the Documentation. “Intellectual Property Rights in Muniworth®” means all rights, title and interest, including copyright, patent, trade secret, and all other intellectual property rights, regardless of whether those rights have been registered or otherwise publicly recorded or recognized, and wherever in the world those rights may exist, in Muniworth® and related documentation, videos, FAQs, web sites, trade-marks, service marks, logos, domain names, taglines, names and other materials that accompany Muniworth®.
“Maintenance Service” means the general maintenance of the Hosted Service and the Site and the application of Updates and Upgrades.
“Means of Contact” means the methods of contacting Muniworth Innovations as provided on the Site under the “Contact Us” section.
“Merchant Bank” means a merchant bank or other entity qualified to process online credit card payments. “Modifications” means the addition or removal of features or functionality of Muniworth® or the change of their behaviour.
“Modified Version” means any or all revised versions of Muniworth® following the Modifications being performed.
54 360008.1 3
“Reseller” means an independent reseller of the Hosted Service, with the non-exclusive right to market, promote and resell the Services.
“Sales Taxes” means federal, state, provincial or local sales, use, value added or similar taxes. “Services” means the total services provided by Muniworth Innovations to You under the Agreement, which comprise both the Hosted Service and the Support Service.
“Service Fee” means the amount which may be modified from time to time which You must pay to maintain Your Subscription.
“Site” means the website at which Muniworth Innovations provides You access to Your Account. “Support Service” means:
1. Technical support on using Muniworth®;
2. Technical support on navigating the Site and inputting Your Data into Muniworth®; and
3. Does not mean technical support at your site.
“Supported Web Browser” means current versions of Google Chrome. “Term” means the term of the Agreement which continues into full force and effect, commencing on the Effective Date and ending on termination pursuant to Clause 24 of this Agreement. “Unwanted Information” means:
1. any information held in confidence by You until the record is released to the public as lawfully authorized or required;
2. information considered in any part of Your internal meetings, including committee meetings, that was lawfully closed to the public, until the organization or its committees discuss the information at a meeting that is open to the public or releases the information to the public; and
3. any information You regard as confidential or commercially sensitive. “Update” means a hotfix, minor version updates to the Site, or minor version updates to Muniworth and the Site. “Upgrades” means a major version update to the Site or major version update to Muniworth. “Muniworth®” means Muniworth® or Waterworth® which is the online software through which Muniworth Innovations provides You with the Hosted Services.
“You or Your” means any of the following:
1. The organization who is subscribing to use Muniworth under the Agreement; and
2. Your Members You have authorized pursuant to Clause 4 to access Your Account and use the Hosted Service.
“Your Account” means the account allowing You to access and use the Hosted Service. “Your Credit Card” means a valid VISA, MasterCard, or American Express credit card of which You are the holder that is accepted by a Merchant Bank.
“Your Credit Card Information” means Your Credit Card’s identifying information which is used by vendors to process payments against Your Credit Card.
“Your Data” means any and all of Your Information that You input or upload into the Site through Your Account for the purposes of Muniworth generating Your Results.
“Your Information” means information you upload to the Site, including, Your Organization Information, Your Technical Information, Your Data, but does not include Unwanted Information. “Your Members” means Your employees, directors, officers, or affiliated companies and the like. This excludes agents and consultants you may engage from time to time. “Your Organizational Information” means Your name, contact information, postal code/zip code, e-mail address which you use to do business with Muniworth Innovations, Your Credit Card Information or the like, which You provide to Muniworth Innovations in connection with Your Subscription. “Your Results” means the results that are produced by Muniworth® based on Your Data. “Your Subscription” means Your enrollment in and access to the Services. “Your Subscription Period” means the duration of time that Your Subscription runs. 55 360008.1 4
“Your Suggestions” means communications You transmit to Muniworth Innovations with the aim of assisting Muniworth Innovations in improving the Hosted Services or marketing of the Hosted Services. “Your Technical Information” means technical information that may include Your IP address of your computer and which browser You used to view the Site, Your operating system, resolution of screen, location, language settings in browsers and the like.
2. Parties
2.1 The Agreement is between Muniworth Innovations and You.
3. Agreement
3.1 This is a binding agreement for the terms of service for Muniworth®, whether you acquired the Services directly through Muniworth Innovations or a Reseller.
3.2 It is important that You read all of the terms of the Agreement and agree to each and every term of the Agreement. If You do not agree to each and every term of the Agreement, Muniworth Innovations does not authorize You to use Muniworth®.
3.3 Every time you pay the Service Fee, You are confirming Your agreement to the terms of the Agreement.
4. Users
4.1 You are entitled to authorize an unlimited number of Your Members to use the Service under Your Subscription.
4.2 It is Your responsibility to decide which of Your Members are permitted to login, upload and download data through Your Account.
4.3 You must register each of the selected Members, and any changes of selected Members under Your Account.
4.4 To be eligible to enter into the Agreement You represent and warrant that You:
4.4.1 are not a competitor of Muniworth Innovations; and
4.4.2 are not using Muniworth® for reasons that are adverse to, or can reasonably be expected to compete with Muniworth Innovations.
4.5 If you are one of the types of users described in Schedule A to the Agreement, the additional provisions related to Your user type as set out in Schedule A will apply to this Agreement.
5. Intellectual Property Rights in Muniworth®
5.1 Muniworth® is not sold to You through the Agreement. You agree that no Intellectual Property Rights in Muniworth® are transferred to You through the Agreement. If You are ever held or deemed to be the owner of any Intellectual Property Rights in Muniworth®, then You hereby irrevocably assign to Muniworth Innovations all such rights, title and interest and agree to execute all documents necessary to implement and confirm the letter and intent under the Agreement.
5.2 Your right to use Muniworth® is subject to and limited by the terms of the Agreement. Muniworth Innovations reserves all rights not expressly granted to You in the Agreement. The Agreement does not grant You any rights except for those specifically identified under the Agreement.
6. The Services
6.1 Muniworth Innovations shall provide You with the Services only while Your Subscription is valid and fully paid.
7. The Hosted Service
7.1 Muniworth Innovations shall provide You with the Hosted Service only while Your Subscription is valid and fully paid.
7.2 Muniworth shall generate Your Account and provide You with the login details required for You to access Your Account within a reasonable time following Your initial payment of the Service Fee.
8. The Support Service
56 360008.1 5
8.1 Muniworth shall also provide You with the Support Service only while Your Subscription is valid and fully paid.
8.2 You may initiate requests for the Support Service in one of the following ways:
8.2.1 by making an online request through the support system included in Your Account; or
8.2.2 by contacting Muniworth’s technical support team during Business Hours.
8.3 Muniworth shall not provide You with technical support at Your site under the Agreement.
9. Type of Rights Granted
9.1 Subject to the terms of the Agreement, Muniworth grants You a non-transferable, non-assignable, revocable and non-exclusive right to use Muniworth, solely for Your operations.
9.2 The grant of the right under Clause 9.1 is conditional upon Your compliance with the terms of the Agreement, including payment of the Service Fee at every instance it becomes due.
9.3 You have no right to access Muniworth’s code either during or after the Term.
10. Responsibility for Your Account
10.1 You are responsible for any and all activities that occur under Your Account.
10.2 You are responsible for the accuracy and adequacy of Your Personal Information.
10.3 You are responsible for all information, including Your Personal Information, data, text and other materials that You put into Muniworth.
10.4 You are responsible for any intellectual property or other liability issues connected to Your use or storage of that information.
10.5 You may not use the account, username, or password of someone else.
11. Proper Use
11.1 You will use Muniworth in accordance with this Agreement.
11.2 You will use only a Supported Web Browser to access Muniworth.
11.3 If directed by Muniworth, You will apply the settings to the Supported Web Browser.
11.4 You will upload Your Data in a format as directed by Muniworth.
12. Improper Use
12.1 You shall not misuse Your Subscription.
12.2 Without limiting the application of Clause 12.1, You shall not:
12.2.1 copy or reproduce Muniworth or any of its source code for any purpose;
12.2.2 use or transmit any of the Muniworth HTML, cascading style sheets or other source code that may be viewable for any purpose other than Your personal use of Muniworth;
12.2.3 rent, lease, loan, license, sublicense, sell, resell, transfer, assign, distribute, time share, provide service bureau or commercial hosting services or otherwise commercially exploit or make Muniworth available to any third party;
12.2.4 charge a fee to other users for the use of Muniworth or charge a fee to those users for access to general services which might include access to Muniworth;
12.2.5 modify, adapt or create derivative works based upon Muniworth, its design or its “look and feel”, in whole or in part;
12.2.6 reverse engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human perceivable form any of Muniworth in any way;
12.2.7 permit third parties to use Muniworth in any way that would constitute a breach of this license agreement;
12.2.8 modify another website or URL so as to falsely imply that it is associated with Muniworth;
12.2.9 use Muniworth to process data on behalf of any third party; or 57 360008.1 6
12.2.10 use Muniworth in any unlawful manner or in any manner that interferes with or disrupts the integrity or performance of Muniworth and its components.
12.3 You will not violate or attempt to violate any security features of Muniworth, including:
12.3.1 accessing content or data not intended for You, or logging into an account that You are not authorized to access;
12.3.2 attempting to probe, scan, or test the vulnerability of Muniworth, or any associated system or network, or to breach security or authentication measures without proper authorization;
12.3.3 using any “bots”, “spiders”, scripts, or other similar devices or processes in connection with Muniworth;
12.3.4 interfering or attempting to interfere with service to any user, host, or network, including by means of submitting a virus to the Muniworth website, overloading, “flooding”, “spamming”, “crashing” or “distributed denial of service” attacks;
12.3.5 using Muniworth to upload, post, host, or transmit unsolicited email, “spam”, short message service “SMS” messages, viruses, self-replicating computer programs, “worms” or any code of a destructive or malicious nature; or
12.3.6 forging any TCP/IP packet header or any part of the header information in any email or in any posting using Muniworth.
12.4 You will not use Your Subscription in any manner which may infringe the copyright or intellectual property rights of others, or in any manner which is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or in violation of the Agreement.
13. Ownership of Your Data
13.1 You own Your Data and Your Results.
13.2 Muniworth claims no ownership rights whatsoever, by express or implied lien, operation of law, or otherwise, in Your Data and Your Results, except for any and all parts of Your Data that was or were owned by Muniworth prior to Your uploading that part of Your Data or otherwise owned by Muniworth.
13.3 Despite Clause 13.1, access to and availability of Your Data and Your Results is at all times completely subject to the terms of the Agreement.
14. Anti-Spam
14.1 Muniworth may provide You with messages by email, fax or regular mail, or directly to Your Account, and such communications do not constitute unsolicited mail or breach any “do not communicate” or applicable legislation in the United States of America or Canada.
14.2 By using any of our services, we assume you have given us implied consent to receive the products and services and information relevant to them including service notifications, personalized content and services, relevant advertising, and other communications regarding our products and services.
15. Upload, Collection, Use and Privacy of Your Information Unwanted Information
15.1 Given the limited scope of Muniworth’s capabilities and purpose as outlined under the Hosted Service Specifications, the Hosted Service does not require You to upload Unwanted Information onto the Site in order for Muniworth to generate Your Results. Do not upload Unwanted Information.
15.2 If You upload Unwanted Information to the Site, Muniworth accepts no liability for any damage that results from you uploading any and all Unwanted Information.
Your Organizational Information
15.3 You must upload Your Organizational Information to the Site.
15.4 Muniworth will only use Your Organizational Information to manage Muniworth’s business relationship with You.
15.5 Muniworth will collect Your Organizational Information when you are doing business with Muniworth, including subscribing to the Service. Typically, You will know when we collect Your Organizational Information because you will be asked to provide us with Your Organizational Information. 58 360008.1 7
15.6 You may also provide Your Organizational Information by posting on the Site for the purposes of making an inquiry through the Site. In such a circumstance, Muniworth will only use Your Organizational Information in such circumstance in order to answer Your questions and requests, to provide You with the information or services which You have requested.
15.7 Our head office is located in Victoria, British Columbia, Canada. Our electronic business records are maintained on secure servers in the United States of America (for American and other users) or Canada (for Canadian users). Any electronic records generated during Your Subscription will be maintained on those servers. Your Organizational Information we manage may be processed in Canada. Your Organizational Information may be available to government authorities under lawful orders and laws applicable in the country in which it is processed and stored. We will take all steps reasonably necessary to ensure that Your Organizational Information is treated securely and in accordance with the terms of the Agreement, British Columbia and Canadian law.
Your Technical Information
15.8 When You use the Site, Muniworth may collect, using electronic means, Your Technical Information.
Muniworth may aggregate and use Your Technical Information to measure and improve the effectiveness of the Site. Muniworth will not attempt to combine this technical data with other personal or confidential information Muniworth may collect on the Site.
Your Data
15.9 During your term as a subscriber, Muniworth, including any of its employees or agents, will have the right to use Your Data and Your Results for the purposes of testing and improving Muniworth.
15.10 Neither Muniworth, including any of its employees or agents, nor anyone acting on its behalf will access Your Data or Your Results in a manner or with intent to identify individuals, unless:
15.10.1 required or permitted to do so by law, valid search warrant or court order (or equivalent); or
15.10.2 requested to do so by You or someone with Your authorization, provided that if You request Muniworth to provide You with technical support on an issue relating to Your Data or Results, that will be taken as a request by You to access Your Data or Your Results for that limited purpose.
15.11 Muniworth may aggregate Your Data and/or Your Results to facilitate benchmarking to improve the quality of the Services.
Protection of Your Information
15.12 Muniworth will use reasonable security measures to protect Your Information against unauthorized access. Muniworth is not responsible for taking any security measures to protect Unwanted Information against unauthorized access.
15.13 Muniworth has a contractual relationship with a third party cloud hosting provider, Microsoft Azure Platform, for the operation of the Site, including the secure storage and transmission of Your Data.
Muniworth may change its third party cloud hosting provider or the location at which Your Data is stored at its sole discretion. For Canadian users, Your Data will only be stored in locations in Canada. For American and other users, Your Data will be stored in locations in the United States of America, but may be processed in Canada.
15.14 Your Information is stored on a secure server. Your Information is stored in protected format, and provided Your browser supports it, it is 256-bit encrypted (using TLS 1.2) during transmission from its storage facility to You when You access it. We reserve the right to update these standards.
15.15 Your Information is stored in a separate database, and is not merged with the data of any other customer of Muniworth.
15.16 If Muniworth is served with a legal request to produce or disclose any of Your Information, such as by subpoena or court order, Muniworth will endeavor to notify You of the disclosure request so as to provide You with the opportunity to intervene, unless Muniworth is prohibited from doing so by law.
15.17 In the event You wish to maintain Your own backup or a snapshot of Your Data and Your Results saved on Muniworth as of a specific date, contact the Muniworth support team for assistance. An additional fee may be applicable.
59 360008.1 8
15.18 You are responsible for taking reasonable steps to access Your Information in a manner that protects its security. This includes that You are responsible for using secure Internet connections.
15.19 You may request Muniworth to have Your Information stored on any server available through Microsoft Azure. However, it is at Muniworth’s discretion whether to approve such a request.
16. Security of Passwords
16.1 The password that You use to access Muniworth is a critical part of the security for Your Data and Your Results. You will be entirely responsible for establishing a secure password and protecting its confidentiality.
16.2 You will use best practices in creating a unique password, changing it frequently and keeping it confidential. Your password should be long, with a combination of upper and lower case characters, numbers and symbols.
16.3 If You become aware of any unauthorized use of Your password or of Your Account, or any suspicion that Your password has been lost, stolen, compromised or misused, You will immediately notify Muniworth through the Means of Contact.
16.4 Muniworth shall not be liable for any loss that You incur as a result of someone else using Your password, either with or without Your knowledge. You will not claim from Muniworth, its employees, officers, directors, affiliated companies, and contractors for any damages, losses, liabilities, costs and expenses resulting from such use.
17. Payment of the Service Fee
17.1 Your Subscription Period is annual unless you are a type of user set out in Schedule A.
17.2 You will pay the Service Fee for each of Your Subscription Periods on an annual basis in advance of the year to which the Payment applies, unless otherwise specified in the purchase orders/invoices.
17.3 The payment of any renewal Service Fee will be due annually on the anniversary of the beginning of Your Subscription Period.
17.4 You will make the payment of the Service Fee by check, electronic bank payment, or by inputting Your Credit Card Information in the appropriate online payment form. Muniworth will subsequently process the payment of the Service Fee through the Merchant Bank, which is compliant with payment card information (“PCI”) standards.
17.5 For Your Subscription Period which follows, You must make the payment of the Service Fee in order to continue Your Subscription for the following year.
17.6 The valid credit card will be charged automatically in the amount of the Service Fee every year as your Service Fee becomes due until You notify Muniworth by the Means of Contact that:
17.6.1 You wish to terminate Agreement in accordance with the clause on termination below; or
17.6.2 You wish to use a different credit card for subsequent payments.
17.7 Muniworth does not collect or retain Your Credit Card information. The information is collected and stored securely by a PCI-compliant Merchant Bank. The Merchant Bank will validate Your Credit Card, and then charge the Service Fee to Your Credit Card each year during the currency of Your Subscription.
You permit Muniworth to process Your Credit Card Information and related billing information through the Merchant Bank for the purpose as described above.
17.8 You are responsible for keeping Your Credit Card Information up to date. As changes to Your Credit Card Information occur, You must inform Muniworth.
17.9 You agree that if for any reason Your Credit Card fails to be successfully processed for payment of the Service Fee, and thirty (30) days passes, Your ability to log into Your Account or use Muniworth may be suspended until Payment is made in full.
17.10 Muniworth may change the Service Fee for the immediately subsequent period at any time at its sole discretion, provided it notifies You of any such change in advance. Upon receiving such a notification, You have the option of continuing Your Subscription for a subsequent period or cancelling it for a subsequent period. If you do not wish to renew your Subscription under the new pricing, You must notify Muniworth not to renew Your Subscription in accordance with Clause 24. 60 360008.1 9
17.11 The Service Fee does not include any Sales Taxes. If Muniworth is required by law or the administration thereof to collect any Sales Taxes from You, then You shall pay such Sales Taxes to Muniworth concurrently with the payment upon which the Sales Taxes are calculated. If Muniworth is not required by law or the administration thereof to collect applicable Sales Taxes from You, then You shall be solely responsible for reporting and remitting such Sales Taxes to the appropriate governmental authority.
17.12 If the total data stored in Muniworth by You exceeds 10 GB, You will incur additional charges that will be made available from time to time and published on the Site.
17.13 Any accrued but unpaid Service Fees may also accrue late charges at the rate of 18% per annum calculated at 2% of the balance per month, or the maximum rate permitted by law, whichever is lower, and You give Muniworth permission to charge Your Account for such accrued and unpaid fees at any time when or after they have accrued. You will be liable for all costs of collection incurred by Muniworth including, collection agency fees, reasonable attorney’s fees and court costs if You fail to comply with the payment obligations set forth herein.
17.14 If you cancel Your Subscription, as provided under Clause 24 of the Agreement, Your Subscription will remain active for Your Subscription Period that is current. You will not be charged for Your Subscription Period that would otherwise follow. Any Service Fee You have paid is non-refundable, unless otherwise provided under the Agreement.
18. Uptime Guarantee
18.1 Muniworth will make reasonable efforts for Muniworth to be available to You at least 99.9% of the time for the year of Your Subscription (the “Uptime Guarantee”), subject to the exceptions under the Agreement, including under Clause 18.2.
18.2 The following are excluded from the Uptime Guarantee:
18.2.1 Maintenance Service of which Muniworth has notified You;
18.2.2 events beyond Muniworth’s reasonable control;
18.2.3 failure of Your internet access or any intermediate transit providers;
18.2.4 any acts or omissions by or on behalf of You that cause Muniworth to be unavailable;
18.2.5 Services, hardware or software under Your control and responsibility the performance of which causes Muniworth to be unavailable; and
18.2.6 any Force Majeure Event.
18.3 Muniworth will endeavor to provide Maintenance Service at a time that will inconvenience the fewest customers possible;
18.4 The Uptime Guarantee is not available to You if Your Subscription is not fully paid.
18.5 If in any year Muniworth fails to maintain Muniworth at or better than the Uptime Guarantee, it is agreed that Your compensation for this failure will be limited to the amounts set out in Clause 19 below.
18.6 Muniworth seeks to make the Site as accessible as possible. If You have any problems accessing the Site or its content, You must contact Muniworth through the Means of Contact.
19. Refunds & Credits
19.1 If Muniworth fails to maintain the Uptime Guarantee, You will be entitled to a credit on the following basis:
99% or better uptime (as calculated on an annual basis): 2% credit 95% - 98.9% uptime (as calculated on an annual basis): 10% credit 90% - 94.9% uptime (as calculated on an annual basis): 20% credit 80% - 89.9% uptime (as calculated on an annual basis): 30% credit
79.9% or less uptime (as calculated on an annual basis): 50% credit
19.2 Credits for lack of availability are limited to the total amount of Service Fees paid by You to Muniworth for the year in which Muniworth fails to comply with the Uptime Guarantee.
19.3 To receive credits, You must submit a request for credits to Muniworth by email or other written communication within 10 business days of resolution of the service unavailability incident for which credits are requested.
61 360008.1 10
19.4 Any credits will be applied upon renewal of Your Subscription and will appear as a discount on Your Subscription rate.
20. Your Suggestions
20.1 Muniworth encourages and welcomes Your Suggestions. You may provide Your Suggestions through the Means of Contact. In providing Muniworth with Your Suggestions, You acknowledge and agree that you are not infringing anyone else’s intellectual property.
21. Compensation for Use of Your Data, Your Results and for Your Suggestions
21.1 You recognize and agree that Muniworth will not compensate You for any or all of Your Suggestions.
21.2 You recognize and agree Muniworth is not obligated to compensate You for authorizing Muniworth’s use of Your Data or Your Results pursuant to Clause 15.
22. Intellectual Property from Your Suggestions and Use of Your Data
22.1 Any intellectual property in Your Suggestions or arising from solutions Muniworth may develop from Your Suggestions will pass wholly to Muniworth.
22.2 Any intellectual property that arises from Muniworth’s use of Your Data or Your Results pursuant to Clause 15.8 or otherwise permitted under the Agreement will be solely the property of Muniworth and not You.
23. The Modifications
23.1 Muniworth may from time to time make Modifications.
23.2 Muniworth is permitted to make Modifications with or without notifying You.
23.3 Your continued use of Muniworth after any of the Modifications being performed constitutes acceptance of the Modified Version and Your agreement to use Muniworth under the terms of the Agreement.
24. Cancellation and Termination
24.1 You may terminate the Agreement at Your sole discretion for any reason at any time by requesting in writing to cancel Your Subscription to [email protected]. Muniworth will not charge You for cancelling Your Subscription. Your Subscription will end on the date of expiration of Your Subscription Period.
24.2 Muniworth may terminate the Agreement in its sole discretion for any reason and at any time. Subject to the Agreement, Muniworth will provide thirty (30) days’ notice prior to terminating the Agreement.
Muniworth will reimburse you pro-rata for the full unused period of Your Subscription, except for specific circumstances provided under the Agreement.
24.3 Without limiting the foregoing, Muniworth may terminate in its sole discretion the Agreement at any time, without further notice to you, if in good faith, Muniworth believes you have failed to comply with any of the terms of the Agreement, including if you fail to pay the Service Fee, provided that Muniworth first provides you with written notice of such failure and a 10-day period to cure the failure. Any such termination by Muniworth shall be in addition to and without prejudice to such other legal rights and remedies as may be available, including injunction and other equitable remedies.
24.4 Your Subscription ceases on the date the Agreement is terminated. Muniworth may cease Your access to Your Account as soon as on the date the Agreement has been terminated.
24.5 Upon termination of the Agreement for any reason, whether terminated by You or by Muniworth, You will no longer have a right to access Your Account.
24.6 Upon termination of the Agreement for any reason, whether terminated by You or by Muniworth, all Your Data and Your Results are subject to deletion and in all cases may be irrevocably deleted and destroyed at the discretion of Muniworth. Accordingly, prior to You cancelling Your Subscription, it is extremely important that You plan ahead and remove any of Your Data and Your Results that You wish to use or have access to in the future. Upon Your request, the Muniworth support team will provide You with instructions for obtaining a copy of Your Data and Your Results at any time while Your Subscription is valid, or will assist You in doing so, for an additional fee.
24.7 Muniworth shall not be liable for any damages resulting from any termination of the Agreement. 62 360008.1 11
24.8 You will not be charged again for the subsequent billing period if the Agreement is cancelled prior to the end of the current billing period.
24 Cancellation and Termination (Extended Term Subscription)
24.9 You may terminate Your Subscription at any time. Upon termination, Muniworth will reimburse You pro-rata for the remaining unused years of the Subscription, calculated at a rate of 75% of the remaining balance of the Subscription Fee for the unused years.
24.10 Termination by You must be communicated in writing to [email protected]. Once the termination request is received and processed, Muniworth will initiate the refund process as per the terms outlined in the Agreement.
24.11 The refund amount shall be calculated based on the number of full years remaining in the Multi-Year Subscription, multiplied by 75% of the annual Subscription Fee.
25. Effects of Termination
25.1 Where possible, the provisions of this Agreement shall survive any cancellation or termination of the Agreement.
25.2 The termination of the Agreement shall not affect any accrued rights of either party.
26. Warranties, Acknowledgments and Warranty Limitations
26.1 You acknowledge that use of Muniworth is at Your sole risk, subject to the terms of the Agreement.
26.2 You acknowledge that Muniworth is complex software, and as such, may never be wholly free from defects, errors and bugs.
26.3 Muniworth gives no warranty or representation that the Hosted Service will be wholly free from defects, errors and bugs, subject to the other terms of the Agreement.
26.4 You acknowledge that no method of transmission over the Internet, or method of electronic storage, is 100% secure.
26.5 You acknowledge that unsecure connections, such as public access wireless connections, are more open to malicious interception.
26.6 While Muniworth strives to use reasonable means to protect Your Data and Your Results, Muniworth does not warrant or make any representations that Muniworth is absolutely secure.
26.7 Muniworth does not warrant or make, and expressly disclaims, any representations, covenants or conditions, express or implied, regarding the use or the results of the use of Muniworth or related materials or services in terms of their correctness, accuracy, reliability, suitability for any particular purpose, ability to meet any particular requirements, expectations or otherwise. No oral or written information, representation or advice given by Muniworth or a Muniworth representative shall create a warranty or increase the scope of this warranty.
26.8 Except as provided herein, Muniworth and related material are provided “As is, as available and with all faults,” without warranty or condition of any kind, including the implied warranties or conditions of merchantability, merchantable quality, non-infringement and fitness for purpose, or any implied representations or warranties arising out of course of performance, course of dealing or usage of trade.
Muniworth does not warrant that Muniworth will meet Your requirements, will be compatible with Your computer or related equipment, or software, or that Muniworth and its operation will be accurate, valid, reliable, authentic, current, or complete, or will continue to operate, operate without interruptions or be error-free. In addition, Muniworth makes no representation, warranty, condition or covenant that the Muniworth service and software are appropriate or available for use at any location. Accessing the Muniworth service and software from locations where their contents are illegal is prohibited. Those who choose to access Muniworth from locations other than Canada or United States of America do so on their own initiative and are responsible for compliance with local laws.
26.9 In no event shall Muniworth be liable to you or to any third party for any direct, indirect, special or consequential damages, punitive damages, exemplary damages, lost profits, loss of use or loss of data, whether foreseeable or not, even if advised of the possibility thereof. This limitation and exclusion applies irrespective of the cause of action, including breach of contract, negligence, strict liability, tort or any other legal theory and shall survive a fundamental breach.
26.10 Muniworth is not responsible for problems that may occur as a result of any incompatibility between 63 360008.1 12
Muniworth and any other software or hardware. You assume responsibility for selecting Muniworth to achieve Your intended purposes, for making backups of Your Data and Your Results regularly, and for choosing, maintaining and matching Your hardware, operating system software and other applications software. Muniworth cannot guarantee that Muniworth will be uninterrupted, timely, secure, virus-free, error-free or have any errors corrected. Muniworth is not responsible for any losses that You may suffer, whether foreseeable or not, as a consequence of the use or failed function of Muniworth, or as a result of any unauthorized access to Muniworth or third party interference with Muniworth, or as a result of any modification to Muniworth, or as a result of the termination of your license to access Muniworth, including business interruption, lost business, lost billable hours, lost data, fees for third party consulting or services for configuring, customizing or troubleshooting Muniworth, the cost of substitute software or services, or the cost of transitioning to substitute software or services.
26.11 You acknowledge that Muniworth will not provide any advice under the Agreement, and that Muniworth is merely a calculation tool used to generate Your Results. Any additional interpretation or modelling based on Your Data and/or Your Results will be at an additional fee and under a separate consulting agreement with Muniworth or a related party.
26.12 You agree that the warranties herein supplant and replace any oral or written warranty You may have otherwise received.
26.13 The warranty limitations, disclaimers, and other legal protections applicable to Muniworth herein may be asserted in full by its employees, officers, directors, and affiliated companies, and each are intended beneficiaries of such protections.
26.14 Subject to applicable law, You will seek to recover from Muniworth only direct or proximately caused damages, and not seek other damages including consequential, lost profits, special, indirect or incidental damages.
26.15 You, to the extent permitted by law, and Muniworth each agree to indemnify, hold harmless and defend the other and its officers, directors, members, employees, affiliates, shareholders, agents, successors, representatives, and assigns from and against any claims or suits, including reasonable attorneys’ fees and expenses, which arise or result from your use of Muniworth, your breach of any terms and conditions of this Agreement, or your use of Muniworth in violation of any applicable law or Clause of the Agreement by (or knowingly and actively assisted by) You.
26.16 Without limiting the foregoing or any other liability limitation of the Agreement in any way, if You are a local government in California, Muniworth does not warrant or make, and expressly disclaims, any representation, covenant or condition, express or implied, that Your Results or any utility services fees or charges based on Your Results comply with the requirements of California law, including but not limited to articles XIII through XIII D of the California Constitution. Upon a legal challenge to utility service fees or charges based on Your Results, You agree to defend with counsel reasonably acceptable to Muniworth, and to the extent permitted by law, indemnify and hold harmless Muniworth, its employees, officers, directors, affiliated companies, and contractors as to that legal challenge.
27. Possible Exception
27.1 Some jurisdictions do not allow the exclusion of implied warranties, so the exclusions provided under the Agreement may not apply to You. In that event, any implied warranties are limited in duration to thirty (30) days from the date of Your first login to Muniworth. This provision gives You specific legal rights, and You may have other rights which vary by jurisdiction.
28. Remedies
28.1 For Muniworth’s entire liability to You or any other party for any claim, demand or action arising from or related to the Agreement or Your use of Muniworth, whether in contract, warranty, tort including gross or other negligence, product liability, patent or copyright infringement or any other theory whatsoever, including the matters set out in Clause 15 above, Your exclusive remedies shall be:
28.1.1 refund of the Service Fee that You have paid for Muniworth, for the month preceding the date You notify Muniworth of any claim, provided You notify Muniworth of the issue within thirty (30) days of the incident that gives rise to it;
28.1.2 your contractual remedies set out in Clause 19; and
28.1.3 termination of the Agreement.
64 360008.1 13
29. Claims
29.1 You shall not make any claims against Muniworth, its employees, officers, directors, affiliated companies, and contractors for any damages, losses, liabilities, costs and expenses or court fees, arising out of or in connection with Your use of Muniworth, whether direct or indirect, including data loss, business interruption, computer “viruses”, intellectual property infringement or issues arising out of communicating data over the Internet.
29.2 Clauses 28 and 29 allocate the risks and remedies under the Agreement between the parties, and the parties have relied on these limitations in determining whether to enter into the Agreement.
30. Changes to the Agreement
30.1 The terms of the Agreement may be changed by Muniworth in its sole discretion at any time upon notice to You.
30.2 If any changes are made to the Agreement by Muniworth, such changes will:
30.2.1 only be applied prospectively; and
30.2.2 not be specifically directed against You but will apply to all similarly situated Muniworth subscription holders.
30.3 You may terminate the Agreement within 30 days of being provided with updates to the Agreement if any change to the Agreement is unacceptable to You, and such termination shall be Your sole remedy for any such changes to the Agreement.
30.4 You agree that, if You continue to use Muniworth after Muniworth notifies You of any changes to the Agreement, You are thereby accepting the revised terms of the Agreement.
30.5 No communication by You, whether written or oral, will change the terms of the Agreement.
31. Miscellaneous
31.1 Muniworth may assign the Agreement and any rights granted thereby in their entirety to any purchaser of all or substantially all of its business or assets or to any subsidiary or other affiliate of Muniworth.
31.2 You may not assign the Agreement or transfer, export or grant a sub-subscription of Muniworth or the subscription contained herein to any other party unless authorized by Muniworth in writing.
31.3 Muniworth may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run Muniworth. For Canadian users, Your Information will be stored within Canada. For other users including American users, Your Information will be stored within the United States of America. Your Information may be subject to access by the regulatory authorities of such jurisdictions, pursuant to the law of such jurisdictions.
31.4 The failure of Muniworth to enforce any provision of the Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time. No waiver of any breach of any term of the Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions of the Agreement, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
31.5 Muniworth may provide functionality in Muniworth that facilitates access to third party applications or services. Muniworth is not responsible for the operation or support of any such third party applications.
Further, Muniworth may include hyperlinks to other websites or resources. Muniworth may have no control over any applications, services, websites or information connected to these links. You agree that Muniworth is not responsible for the availability of any such external applications, services, sites or resources, and does not endorse any advertising, products or other materials on or available from such applications, services, websites or resources. Muniworth is not liable for any loss or damage which You may incur as a result of the availability of those external applications, services, websites or resources, or as a result of any reliance You place on anything contained on or on these applications, services, websites or resources.
31.6 In the event that one or more of the provisions of the Agreement is or are found to be illegal or unenforceable, the Agreement shall not be rendered inoperative but the remaining provisions shall continue in full force and effect.
31.7 The Agreement, including the agreements and schedules, referenced herein as being incorporated by reference, is the entire agreement between Muniworth and You pertaining to Your right to use 65 360008.1 14
Muniworth, and supersedes all prior, collateral or contemporaneous oral or written representations or agreements regarding such subject matter.
31.8 No representations made by Muniworth’s resellers, sales agents, marketing materials or otherwise shall apply should they conflict with the Agreement in any way .
31.9 With regard to language, the parties declare that they have required that the Agreement and all documents related hereto, either present or future, be drawn up in the English language only.
31.10 “Including” where used herein shall mean “including without limitation”.
31.11 If You are acting on behalf of any unit or agency of the government of the United States of America, You agree that Muniworth is provided with restricted rights. Use, duplication, or disclosure by the Government of the U.S.A. is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Software Restricted Rights at 48 CFR 52.227-19 as applicable. The software was developed exclusively at private expense, no part of it is in the public domain and is an unpublished work. The manufacturer is Muniworth Innovations Inc. with a corporate records office at 201-19 Dallas Road, Victoria BC, V8V 5A6.
32. Notices
32.1 All notices to You under the Agreement shall be deemed duly made if done by:
32.1.1 appearing through the announcement function under Your Account; or
32.1.2 being sent to You by email at the email address that You use for logging into Your Account.
32.2 Unless otherwise provided for under the Agreement, all notices to Muniworth under the Agreement shall be deemed duly made if done by both:
32.2.1 certified mail or registered courier to: Muniworth Innovations Inc. c/o 201-19 Dallas Road, Victoria BC, V8V 5A6
32.2.2 email to [email protected]
33. Disputes
33.1 Subject to the following, the Agreement shall be governed by the laws of the Province of British Columbia, Canada.
33.2 You agree that any dispute arising out of or in connection with this Agreement will be subject to the jurisdiction of the courts of British Columbia located in Victoria, British Columbia without regard to the principles of conflicts of law unless You are a public entity in the United States of America in which case this Agreement shall be governed by the state law where the defending party, whether You or Muniworth, is domiciled. Any dispute arising out of or in connection with this Agreement will, if not resolved by informal mediation between the parties, first be submitted to non-binding arbitration administered by the American Arbitration Association under its Non-Binding Arbitration Rules before the parties may initiate arbitration, litigation or some other type of dispute resolution process.
33.3 You acknowledge that You are a sophisticated consumer on the subject of laws and their applicability and You specifically agree to these dispute resolution terms. By using Muniworth, You acknowledge that You have read the Agreement and agree to be bound by its terms.
33.4 Each party had an opportunity to consult with legal counsel in negotiating this agreement. Any uncertainty or ambiguity shall not be construed for or against any party based on attribution of drafting to any party.
34. Counterparts; Electronic Signatures.
This Agreement may be signed in one or more counterparts, each of which shall be deemed an original, but all of which together shall be deemed one and the same instrument. This Agreement may be executed by electronic signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. Without limitation, “electronic signature” shall include faxed or emailed versions of an original signature, electronically scanned and transmitted versions (e.g., via pdf) of an original signature, or a digital signature.
66 360008.1 15
SCHEDULE A
User Type
Trial User or Demonstration User:
For trial and demonstration use (being a “Trial User” or “Demonstration User”), the following additional provisions apply:
1. You may not sell the Hosted Service, any results derived from Your use of the Hosted Service, or use the Hosted Service in a live operating environment.
2. Notwithstanding anything to the contrary in this Agreement, if you are a Trial User or Demonstration User, the Hosted Service is provided “AS IS” and no warranty, implied or express (including the Uptime Guarantee), applies to these versions.
3. Clause 1 of the Agreement is modified as follows:
“Service Fee” means the amount of $0.00, unless otherwise specified by Muniworth.
4. Clause 24.2 of the Agreement is replaced with the following:
“Muniworth may terminate the Agreement in its sole discretion for any reason and at any time.
Subject to earlier termination, if you are a Trial User, Your Subscription expires 90 days from the Effective Date, if you are a Demonstration User, Your Subscription expires 14 days from the Effective Date.”
Third Party Service Provider:
In some cases, you may have retained a third party, like a project consultant or any person other than Muniworth, to access your Hosted Service. These persons are referred to as a “Third-Party User”. The following additional provision apply in this circumstance:
1. By the Third-Party User using the Hosted Service in connection with Your Subscription or in any event, the Third-Party User is acting as your legal agent and the Third Party User is deemed to have entered into this Agreement with Muniworth, and all terms of the Agreement that apply to “You” shall be deemed to apply to the Third-Party User pari passu.
2. If Your Subscription is used by a Third-Party User, the Third-Party User may have additional rights over Your account, like the ability to access or delete Your data. Please review any additional terms the ThirdParty User provided You, as Muniworth has no responsibility regarding these additional terms or the actions of the Third-Party User.
3. Updates to Hosted Service may not be compatible with software or services provided by third-parties or Third-Party Users.
67 THIS PAGE IS INTENTIONALLY LEFT BLANK
68 Agenda Staff Report
TO: Mayor Amabile and City Council Members
FROM: William Via, Public Works Director
DATE: October 7, 2026
TYPE OF REPORT: Consent Agenda
SUBJECT: Authorization to Apply for, Accept, and Execute a Community Infrastructure Program Grant from the San Joaquin River Exchange Contractors Water Authority ______________________________________________________________________ Recommendation:
Staff recommends that the City Council adopt a Resolution authorizing the City Manager to apply for, accept, and execute a Community Infrastructure Program Grant from the San Joaquin River Exchange Contractors Water Authority (Exchange Contractors) and amending the Fiscal Year 26/27 budget by increasing the appropriation in the Water Fund (501-461-100-231) by $300,000 and the revenue by $150,000.
Background:
On August 14, 2026, the City of Los Banos applied for a Community Infrastructure Program Grant from the Exchange Contractors in the amount of $150,000 to complete an Alternative Water Supply Assessment focused on identifying opportunities to diversify the City’s long-term water supply and reduce its reliance on groundwater. On September 14, 2026, the City was notified of the award of the grant for the full amount. The estimated cost of the assessment is $300,000, with the City Water Fund providing the additional funding.
Discussion:
Staff has been considering options to provide high-quality drinking water to residents that would reduce the City’s reliance on groundwater and provide options to meet the Chromium VI Maximum Contaminate Level (MCL). So far, these discussions have been mainly internal and with outside consultants, but the involvement of local water and irrigation agencies is key to finding alternatives.
The assessment funded by this Grant would evaluate potential alternative water supply strategies available to the City, with an emphasis on opportunities involving surface water, LOsBanos
At the Crossroads of California
69 ITEM 6D
water exchanges, partnerships, and coordination with regional water agencies and irrigation districts. A key component of the project would be coordination with the San Joaquin River Exchange Contractors and applicable member entities to evaluate potential opportunities and constraints associated with future water supply partnerships. This may include preliminary evaluation of concepts in which water could be exchanged or otherwise coordinated with canal and irrigation district operations to create a usable water supply benefit for the City. The project would also evaluate the feasibility and potential long-term benefits of increased use of surface water and other alternative water supplies, including identification of infrastructure, regulatory, treatment, operational, financial, and partnership requirements that would need to be addressed before implementation.
Fiscal Impact:
The total estimated cost of the assessment project is $300,000. The Grant will provide $150,000 (revenue line item 501-000-339-010) and the balance will be paid out of the Water Fund (line item 501-461-100-231). This project was not funded in the current budget, so a budget amendment of $300,000 is required, and requested as part of the Resolution.
Reviewed by:
________________________ ____________________________
Soknirorn Than, City Manager Minerva Moreno, Finance Director Attachments:
1. Resolution
2. Grant Award Letter and Agreement
70 RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS AUTHORIZING THE CITY
MANAGER TO ACCEPT, AND EXECUTE A
COMMUNITY INFRASTRUCTURE PROGRAM
GRANT FROM THE SAN JOAQUIN RIVER
EXCHANGE CONTRACTORS WATER
AUTHORITY AND AMENDING THE FISCAL YEAR
2026-2027 BUDGET
WHEREAS, the City of Los Banos is committed to providing a reliable, safe, and sustainable water supply for its residents; and
WHEREAS, the City seeks to identify opportunities to diversify its long-term water supply, reduce reliance on groundwater, and address current and future drinking water regulatory requirements, including compliance with Chromium VI Maximum Contaminant Level standards; and
WHEREAS, on August 14, 2026, the City of Los Banos submitted an application to the San Joaquin River Exchange Contractors Water Authority Community Infrastructure Program for grant funding to complete an Alternative Water Supply Assessment; and
WHEREAS, on September 14, 2026, the City was notified that it had been awarded grant funding in the amount of One Hundred Fifty Thousand Dollars ($150,000) for the proposed project; and
WHEREAS, the Alternative Water Supply Assessment will evaluate potential alternative water supply strategies, including opportunities involving surface water, water exchanges, partnerships, and coordination with regional water agencies and irrigation districts, and will identify infrastructure, regulatory, treatment, operational, financial, and partnership requirements associated with implementation; and WHEREAS, the total estimated cost of the Alternative Water Supply Assessment is Three Hundred Thousand Dollars ($300,000), consisting of grant funding in the amount of $150,000 and matching funds from the City's Water Fund in the amount of $150,000; and
WHEREAS, the project was not included in the adopted Fiscal Year 2026-2027 budget and requires a budget amendment to appropriate funding for the project.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby:
1. Approve the application for the San Joaquin River Exchange Contractors Water Authority Community Infrastructure Program Grant; and
71 2. Accepts the Awarded Grant from the San Joaquin River Exchange Contractors Water Authority; and
3. Authorizes the City Manager, or designee, to execute the agreement and take all necessary actions required to fulfil the intent of this resolution and the grant program; and
4. Amends the Fiscal year Budget by increasing Line item 501-461-100-231 by $300,000 and Revenue Line item 501-000-339-010 by $150,000.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 5th day of August 2026, by Council Member ______ who moved its adoption, which motion was duly seconded by Council Member ______ and the Resolution adopted by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
__________________________
Michael S. Amabile, Mayor
ATTEST:
___________________________
Lucille L. Mallonee, City Clerk
72 AUTI-I
CHRIS CARDELLA
Chair
MIKE STEARNS
Vice-Chair
CHRIS WHITE
Executive Director
MINASIAN LAW
Legal Counsel
CENTRAL CALIFORNIA
IRRIGATION DISTRIO
Eric Fontana
President
Jarrett Martin
General Manager
SAN LUIS CANAL
COMPANY
Cannon Michael
President
John Wiersma
General Manager
FIREBAUGH CANAL
WATER DISTRIO
Mike Stearns
President
Jeff Bryant
General Manager
COLUMBIA CANAL
COMPANY
Chris Cardella
President
Mike Gardner
General Manager
P.O. Box 2115
541 H Street
Los Banos, CA 93635
(209) 827-8616
Fax {209) 827-9703
e-mail: [email protected]
Website: www.sjrecwa.net
Consisting of 240,000 acres on the Westside of the San Joaquin Valley Via Email: ,[[email protected]
Mr. Joe Heim
Parks & Recreation Director
520 J St.
Los Banos, Ca 93635
September 14, 2026
RE: 2026 Community Infrastructure Program Award - City of Los Banos Dear Mr. Heim:
On behalf of the San Joaquin River Exchange Contractors Water Authority (Exchange Contractors), I am pleased to let you know that City of Los Banos has been awarded One Hundred Fifty Thousand Dollars ($150,000.00) through our 2026 Community Infrastructure Program. The Board selected your project from a competitive field of applications, and we look forward to seeing the project move forward and the benefits it will provide to the Exchange Contractors' service area communities.
Attached is the award agreement setting forth the terms and conditions applicable to the funding. Please review the agreement, sign the acceptance, and return a completed copy to us. As in prior years, acceptance of the agreement is required before we can proceed with reimbursement under the award.
Once the agreement is in place, funds will be disbursed on a reimbursement basis as eligible project costs are incurred. Please submit invoices and supporting documentation as the project reaches appropriate milestones so we can keep reimbursement aligned with your progress. The agreement also provides for quarterly progress reporting.
We also want the communities we serve to see the good work being accomplished through the Community Infrastructure Program. As your project moves forward, please send us periodic updates and photographs of construction, project milestones, ribbon cuttings, or other noteworthy developments that we can share through our newsletter, social media, and local media. I have copied Andy Lynch of Lighthouse Public Affairs, who assists us with those efforts, and please include him on those updates.
In addition, we ask that each funded project to display signage acknowledging support from the San Joaquin River Exchange Contractors Water Authority Community Infrastructure Program. The signs are available through our office. 73 Mr. Joe Heim
RE: 2026 Community Infrastructure Program Award - City of Los Banos September 14, 2026
If you have any questions regarding the agreement, reimbursement process, signage, or next steps, please contact our office at any time.
Congratulations, and thank you for the work you are doing on behalf of our communities. z#'~
Chris White
Executive Director
Acceptance of Agreement Setting Forth Terms and Conditions of Community Infrastructure Program Funds, as set forth in Appendix A hereto:
By:-----------
Its: _____________ _
74 APPENDIX A
AGREEMENT SETTING FORTH TERMS AND CONDITIONS OF COMMUNITY
INFRASTRUCTURE PROGRAM A WARD
1. Term. This Agreement shall commence and be effective, as between the San Joaquin River Exchange Contractors Water Authority ("Exchange Contractors") and City of Los Banos ("Project Sponsor") upon the date of its acceptance by the Project Sponsor, and shall remain in effect until terminated or completed, as set forth herein.
2. Project.
a. The Project eligible for Community Infrastructure Program funds shall be as described in Attachment 1 hereto ("Project").
3. Fund Award, Matching Funds, Eligibility.
a. Exchange Contractors will disburse up to One Hundred Fifty Thousand dollars ($150,000.00) of Community Infrastructure Program funds in accordance with the terms and conditions set forth herein. To be eligible to receive Community Infrastructure Program funds, the Project Sponsor will implement the Project in accord with the Application submitted to the Exchange Contractors. Eligible Costs are those directly incurred toward substantial completion of the Project.
b. There are no matching funds required of the Project Sponsor. c. The Project Sponsor may seek reimbursement of Eligible Costs incurred after the effective date of this Agreement.
d. If Project costs exceed the amount of the award set forth herein, such additional costs shall be borne solely by the Project Sponsor.
4. Obligations of Exchange Contractors Water Authority and Project Sponsor. a. Commencing with the effective date of this Agreement, and continuing until termination, Project Sponsor shall bear and undertake all administrative, management, performance, and execution responsibilities associated with the Project.
b. Commencing with the effective date of this Agreement, and continuing until termination, Exchange Contractors Water Authority shall undertake the responsibilities relating to the Community Infrastructure Program set forth herein. Exchange Contractors Water Authority shall not be responsible for any undertaking associated with the Project.
5. Reporting Requirements.
a. Quarterly Progress Reports: The Project Sponsor shall provide a quarterly progress report concerning the Project on January 1, April 1, July 1, and October 1, reporting project milestones and progress.
b. Project Completion Reports: Upon completion of the Project, Project Sponsor shall provide a Project Completion report to the Exchange Contractors notifying of substantial completion of the Project, as evidenced by either the filing of a Notice of Completion of construction, or the substantial completion of the project and cessation of work for 60 days.
75 6. Reimbursement Method of Payment.
a. Community Infrastructure Program fund disbursement will occur via reimbursement as follows: ( 1) Project Sponsor shall submit Project Invoices for Eligible Costs to Exchange Contractors by not later than 60 days from the date Project Sponsor received the invoice; (2) Exchange Contractors shall review the invoice, and request any further additional supporting information deemed necessary; (3) upon confirmation of invoicing for Eligible Costs, Exchange Contractors shall disburse reimbursement of Project costs, up to the total fund award.
7. Inspection of Records.
a. Project Sponsor agrees to make available for Exchange Contractors inspection and copy accurate records of all costs, disbursements, and documentation as necessary to comply with the requirements of the Community Infrastructure Program Policy and this Agreement.
8. Indemnification.
a. Project Sponsor shall defend, indemnify, and hold harmless the Exchange Contractors and its respective members (Central California Irrigation District, San Luis Canal Company, Firebaugh Canal Water District, and Columbia Canal Company) from and against any and all liability, actions, claims, costs, and expenses, including attorney fees, arising out of or relating to the Project, except to the extent caused by the sole negligence or willful misconduct of the Exchange Contractors.
9. Miscellaneous.
a. Modification. This agreement may only be modified, amended, or superseded by mutual written agreement of the Parties.
b. Dispute Resolution. The Parties to this Agreement shall promptly meet to address any dispute that may arise and make a good faith effort to negotiate a resolution prior to initiating litigation.
c. Entire Agreement. These Terms and Conditions, together with the attachments hereto, constitute the complete and exclusive Agreement between the Parties and supersedes all previous communications, agreements, or understandings relating to the subject matter of this Agreement.
d. Termination. The Project Sponsor may terminate its participation in this Agreement by providing written notice to the Exchange Contractors.
10. Authorized Signature.
a. Each Party represents the individual accepting these Terms and Conditions on its behalf is duly authorized to execute this Agreement and will legally bind that Party to the terms of this Agreement.
76 ORGANIZATION NAME
City of Los Banos- Alternative Water Supply Assessment
REQUESTING ORGANIZATION POINT OF CONTACT (NAME, AFFILIATION, EMAIL, CONTACT
NUMBER)
Joe Heim
Parks & Recreation Director
[email protected]
209-587-0979
REQUESTING ORGANIZATION MAILING ADDRESS
520 J St. Los Banos, Ca 93635
DESCRIBE THE PROJECT
The City of Los Banos is requesting funding to complete an Alternative Water Supply Assessment focused on identifying opportunities to diversify the City's long-term water supply and reduce its reliance on groundwater. The assessment would study potential alternative water supply strategies available to the City, with emphasis on opportunities involving surface water, water exchanges, partnerships, and coordination with regional water agencies and irrigation districts. A key component of the project would be coordination with the San Joaquin River Exchange Contractors and applicable member entities to evaluate potential opportunities and constraints associated with future water supply partnerships. This may include preliminary evaluation of concepts in which water could be exchanged or otherwise coordinated with canal and irrigation district operations to create a usable water supply benefit for the City. The project would also evaluate the feasibility and potential long-term benefits of increased use of surface water and other alternative water supplies, including identification of infrastructure, regulatory, treatment, operational, financial, and partnership requirements that would need to be addressed before implementation.
The final assessment would provide the City with recommendations and a long-term implementation plan identifying viable alternatives, additional studies or planning efforts that may be necessary, potential partnership opportunities, anticipated infrastructure needs.
The overall goal is to position the City to make informed long-term water supply investments, reduce reliance on groundwater, improve water supply resiliency, and identify opportunities for greater regional coordination in the management and beneficial use of available water resources.
ESTIMATED PROJECT COSTS
$300,000
AMOUNT REQUESTED FROM THE EXCHANGE CONTRACTORS COMMUNITY
INFRASTRUCTURE FUND
$150,000
77 IS THE PROJECT SCHEDULED TO BEGIN WITHIN THE NEXT TWELVE MONTHS AND IS THERE
AN ANTICIPATED START DATE
Yes. If funding is awarded, the City anticipates initiating consultant procurement and project scoping upon grant award. The anticipated project start would be early 2027.
ARE THERE ANY KNOWN OR ANTICIPATED COMMUNITY CONCERNS ASSOCIATED WITH THIS PROJECT OR PROGRAM (E.G .• CONFLICT WITH LAND USE. NEIGHBORHOOD CONCERNS. ETC.) THAT COULD PREVENT IT FROM MOVING FORWARD No significant community or land-use concerns are anticipated because this project is a planning and feasibility effort and does not authorize construction or implementation of a specific water supply project. Any future project identified through the assessment would be subject to the appropriate technical analysis, environmental review, regulatory requirements, agency approvals, public process, and City Council authorization before implementation. Potential water exchange or surface water concepts would also require coordination with and approval from the applicable water agencies and irrigation districts.
The purpose of this assessment is specifically to identify these requirements and determine which opportunities warrant further consideration.
LIST ANY STAKEHOLDERS
Potential stakeholders and project participants include:City of Los Banos. San Joaquin River Exchange Contractors Water Authority, Central California Irrigation District, City of Los Banos residents, businesses and water customers.
IMPACT ON LOCAL COMMUNITY AND OTHER COMMENTS/MISCELLANEOUS
INFORMATION
Los Banos is a growing community whose long-term sustainability depends upon having a reliable and resilient water supply. Evaluating opportunities to diversify the City's water supply and reduce reliance on groundwater represents an important long-term investment in the community's infrastructure. This project would allow the City to move beyond consideration of individual water supply concepts and develop a coordinated evaluation of available alternatives, including potential surface water supplies, water exchanges, regional partnerships and the infrastructure necessary to make those alternatives viable. The City's location within an agricultural region served by an extensive network of canals and water agencies creates opportunities for regional coordination that warrant further technical evaluation. The assessment would specifically examine how the City may be able to work cooperatively with the Exchange Contractors and irrigation districts to develop mutually beneficial water supply strategies while recognizing existing agricultural water operations and obligations.
78 Agenda Staff Report
TO: Mayor Amabile & City Council Members
FROM: William Via, Jr., Public Works Director
DATE: October 7th, 2026
TYPE OF REPORT: Consent Item
SUBJECT: Approval of Final Map No. 2025-01 Overland Trail _____________________________________________________________________ Recommendation:
That the City Council adopts the Resolution approving Final Map No. 2025-01 Overland Trail Final Map and accompanying Subdivision Improvement Agreement.
Background:
The Tentative Tract Map No. 2025-01 was approved by the City of Los Banos Planning Commission on March 4, 2026 by Resolution No. 7059. In May 2026, the Public Works staff was contacted by, Stonefield Homes, Inc., a California Corporation, for Final Map approval. The Final Map has been reviewed and found complete by the City’s consulting firm.
Discussion:
The subject is generally located within the area bounded by Mission Drive to the North, Mercey Springs Road to the West, San Lorenzo Street to the East, and Willmott Avenue to the South, more specifically identified as Assessor Parcel Number 428-310-011. The applicant is Stonefield Home, Inc., a California Corporation. The map consists of a total of 50 single family residential lots on approximately 7.81+ acres. This Final Map is in substantial compliance with Tentative Subdivision Map No. 2025-01.
Fiscal Impact:
Financial Security as required by the Subdivision Improvement Agreement, the Subdivision Map Act and Los Banos Municipal Code has been deposited with the City.
LOsBanos
At the Crossroads of California
79 ITEM 6E
All required processing, development, plan check and inspection fees to date have been paid.
Reviewed by:
Soknirorn Than, City Manager Minerva Moreno, Finance Director Attachments:
1. Resolution
2. Exhibit A Legal Description
3. Exhibit B Final Map
4. Site Map
5. Subdivision Improvement Agreement
6. SIA Exhibit A Cost Estimate
7. SIA Exhibit B Conditions of Approval
8. SIA Exhibit C Vesting Tentative Map
80 RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS APPROVING AND ADOPTING
FINAL TRACT MAP NO. 2025-01 OVERLAND TRAIL
AND ACCOMPANYING SUBDIVISION
IMPROVEMENT AGREEMENT
WHEREAS, there has been submitted to the City Council of the City of Los Banos Tract Map No. 2025-01 Overland Trail Final Map and accompanying Subdivision Improvement Agreement; and
WHEREAS, the single-family residential subdivision consists of 50 single family residential lots on approximately 7.81+ acres; and
WHEREAS, the Public Works Director and City Engineer have approved the Final Map, the plan check and inspection fees have been paid in full, and said Final Tract Map has been submitted to the City Council of the City of Los Banos for approval.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby approve and adopt Final Tract Map No. 2025-01 Overland Trail for the real property described in Exhibit “A” and shown in Exhibit “B”, and authorizes recording based upon the following findings:
1. The Final Map is in substantial compliance with Tentative Map No. 2025-01.
2. Financial Security as required by the Subdivision Improvement Agreement, the Subdivision Map Act, and Los Banos Municipal Code has been deposited with the City.
3. All required processing, development, plan check, and inspection fees, to date, have been paid.
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
-
81 For APN/Parcel ID(s):_ 428-310-011-000
EXHIBIT "A"
Legal Description
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF LOS BANOS, COUNTY OF MERCED, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
ALL THAT PORTION OF LAND SHOWN AS "REMAINDER" ON THE MAP ENTITLED TRACT NO. 2019-01, MISSION VILLAGE SDUTH, PHASE 5A, IN THE CITY OF LOS BANOS, COUNTY OF MERCED, STATE OF CALIFORNIA RECORDED JUNE 1, 2020, IN BOOK 83, PAGES 5, 6 & 7 OF OFFICIAL PLATS, IN THE OFFICE OF THE COUNTY RE::;ORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
ALL OF SAID TRACl NO. 2019-01, MISSION VILLAGE SOUTH, PHASE 5A, IN THE CITY OF LOS BANOS, COUNTY OF MERCEJ, STATE OF CALIFORNIA RECORDED JUNE 1, 2020, IN BOOK 83, PAGES 5, 6 & 7 OF OFFICIAL PLATS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM, LOTS A, B, 1, 2, 3, 4, 5, 6, 7, 8, 9 AND 10 OF SAID MAP.
EXCEPTING THEREF:ROM, AN UNDIVIDED ONE-HALF INTEREST IN ALL OIL, GAS AND/OR MINERALS IN AND UNDER SAID I.ANDS, WHICH ARE EXPRESSLY RESERVED UNTO GRANTOR, ITS SUCCESSORS
AND ASSIGNS, TOGETHER WITH, THE RIGHT OF THE GRANTOR, ITS SUCCESSORS, ASSIGNS, LESSEES
AND LEGAL REPRESENTATIVES AT ALL TIMES TO ENTER ON THE ABOVE DESCRIBED LANDS AND TAKE ALL THE USUAL, NECESSARY OR CONVENIENT MEANS TO BORE WELLS, MAKE EXCAVATIO_NS AND TO REMOVE A._L THE OIL, GAS AND/OR MINERALS HEREIN RESERVED, AND FOUND THEREON, SUBJECT TO THE ·rERMS AND CONDITIONS CONTAINED THEREIN, ALL AS RESERVED BY BANK OF AMERICA NATIONAL. TRUST AND SAVINGS ASSOCIATION, IN THE DEED RECORDED APRIL 29, 1936, IN VOLUME 502, PAGE::; 108 & 109 OF OFFICIAL RECORDS, AS DOCUMENT NO. 4124 Cl TA Preliminary Report Form - Modified (11.17.06)
SCA0002402.doc I Updated: 02.03.26 3
Printed: 08.11.26 @ 01 :24 PM by
CA-FT--SPS-1-26-FFOM-3012600171
82 EXHIBIT B
OWNER'S STATEMENT
WE, THE UNDERSIGNED, DO HEREBY STATE THAT WE ARE THE OWNERS OR HAVE SOME RIGHT, TfTl£, OR INTEREST
OF RECORD IN THE LAND SHOWN ON THIS MAP, AND WE CONSENT TO THE PREPARATION AND RECORDATION OF THIS MAP. WE ALSO HEREBY OFFER AN IRREVOCABLE DEDICATION TO THE CfTY OF LOS BANOS, AS EASEMENTS, FOR PUBLIC USE, ALL PUBLIC UT/LfTY EASEMENTS (PUE). WE ALSO OFFER AN IRREVOCABLE DEDICATION TO THE CITY OF LOS BANOS, IN FEE, FOR PUBLIC USE, AND ALL STREET RIGHTS-OF-WAY, ALL AS SHOWN ON THIS FINAL MAP.
OWNER: STONEFIELD HOME, INC., A CALIFORNIA CORPORATION
BY:
_______________ _ DATE:
_________ _
GREG HOSTETLER - MANAGER
NOTARY ACKNOWLEDGMENT
A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE
INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.
STATE OF CALIFORNIA j COUNTY OF S.S.
------
ON _________ , 20 __ , BEFORE ME, _____________ _
A NOTARY PUBLIC, PERSONALLY APPEARED ___________________ _ WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME{S) IS/ARE
SUBSCRIBED TO THE WITHIN INSTRUMENT, AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES}, AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON{S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON{S) ACTED, EXECUTED THE INSTRUMENT.
I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.
WITNESS MY HAND
SIGNATURE: _____________ _ COMMISSION NUMBER: _______ _ PRINCIPAL COUNTY OF BUSINESS: ______ _ MY COMMISSION EXPIRES: ______ _ DATE: 2026-7-27 9:20 FILE: M:\209239\Survey Drawings\OVERLAND TRAILS FM\01 - CERT.dwg TRACT NO. 202UJ1
OVERLAND TRAIL
BEING A SUBDIVISION OF THE REMAINDER, AS SHOWN ON THE MAP ENTITLED •MISSION VILLAGE SOUTH, PHASE SA" FILED IN VOLUME 83 OF OFFICIAL PLATS AT PAGES 5-7, LYING IN A PORTION OF SECTION 13, TOWNSHIP 10 SOUTH, RANGE 10 EAST, MOUNT DIABLO MERIDIAN
CITY OF LOS BANOS, COUNTY OF MERCED, STATE OF CALIFORNIA MARCH 2026
BENCHMARK ENGINEERING
CIVIL ENGINEERING, PLANNING, AND LAND SURVEYING
4285 SPYRES WAY, SUITE A, MODESTO, CALIFORNIA, 95356 (209) 548-9300 VICINITY MAP - N. T.S.
OVERLAND AVENUE
Q::
'
;?;
a: l.rj c:::i
)..
?;TE
c!i (.) CJ::
es
I WILLMOTT AVENUE
EAST B STREET
r
PRELIMINARY TITLE REPORT
PREPARED BY: FIDELITY NATIONAL TITLE COMPANY
ORDER NUMBER: FFOM-3012600171
DATE: FEBURARY 4, 2026
AFFECT: USED IN PREPARATION OF THIS PLAT AND CONSIDERED A PART HERETO BY REFERENCE
OMITTED SIGNATURE STATEMENT
PURSUANT TO SECTION 66436 OF THE SUBDIVISION MAP ACT, THE FOLLOWING SIGNATURES HAVE BEEN OMITTED:
NAME: MILLER AND LUX, INC.
TYPE OF INTEREST: PUBLIC STREETS/ROADS; TELEPHONE, TELEGRAPH AND ELECTRIC POWER LINES; PIPELINES; SEWERS; DRAINAGE DITCHES; CANALS; RECLAMATION AND IRRIGATION WORKS; MAINTENANCE DEED REFERENCE: BOOK 338 OF OFFICIAL RECORDS, PAGE 376, M.C.R., RECORDED 4 JUNE, 1945 NAME: BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, NA TYPE OF INTEREST: AN UNDIVIDED ONE-HALF INTEREST IN ALL OIL, GAS, AND OTHER HYDROCARBONS AND
MINERALS, WITH RIGHT OF ENTRY
DEED REFERENCE: BOOK 502 OF OFFICIAL RECORDS, PAGE 108, M.C.R.
RIGHT TO FARM STATEMENT
PER MERCED COUNTY ORDINANCE NO. 1213:
THE PROPERTY DESCRIBED ON THE HEREON SHOWN MAP IS IN THE VICINfTY OF LAND UTILIZED FOR AGRICULTURAL
PURPOSES AND RESIDENTS OF THIS PROPERTY MAY BE SUBJECT TO INCONVENIENCE OR DISCOMFORT ARISING FROM THE USE OF AGRICULTURAL CHEMICALS, INCLUDING, BUT NOT LIMITED TO, PESTICIDES AND FERTILIZERS, AND FROM THE PURSUIT OF AGRICULTURAL OPERATIONS INCLUDING, BUT NOT LIMITED TO, PLOWING, SPRAYING, AND BURNING WHICH OCCASIONALLY MAY GENERATE DUST, SMOKE, NOISE, AND ODOR. THE COUNTY OF MERCED HAS ESTABLISHED AGRICULTURE AS A PRIORfTY USE IN AGRICULTURAL ZONES WHICH ARE
OUTSIDE OF AN ESTABLISHED SPECIFIC URBAN DEVELOPMENT (SUDP) BOUNDARY, RURAL RESIDENTIAL CENTER (RRC)
BOUNDARY, HIGHWAY INTERCHANGE CENTER (HIC) BOUNDARY, OR AGRICULTURAL SERVICE CENTER (ASC) BOUNDARY,
AND RESIDENTS OF PROPERTY IN THE VICINITY OF SUCH AGRICULTURAL ZONES SHOULD BE PREPARED TO ACCEPT INCONVENIENCE OR DISCOMFORT FROM NORMAL, NECESSARY AGRICULTURAL OPERATIONS.
SURVEYOR'S STATEMENT
THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON
A FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION
MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF GREG HOSTETLER IN NOVEMBER 2025. I HEREBY STATE THAT THIS FINAL MAP SUBSTANTIALLY
CONFORMS TO THE APPROVED OR CONDITIONAL APPROVED TENTATIVE MAP, THAT
ALL MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS
INDICATED, OR THAT THEY WILL BE SET IN THOSE POSITIONS ON OR BEFORE
SAID SUBDIVISION IMPROVEMENTS ARE ACCEPTED BY THE CITY OF LOS BANOS,
AND THAT THE MONUMENTS ARE OR WILL BE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED.
DATED THIS DAY OF _____ , 20_.
CTD00~[10ffiillDlm&OOW C?@OO OO~WD~l'§iYl @lm[1 W
MICHAEL HALTERMAN P.L.S. 8040
CITY ENGINEER'S STATEMENT
I HEREBY STATE THAT I HAVE EXAMINED THIS FINAL MAP OF "TRACT NO. 2025-01 OVERLAND TRAIL# AND STATE THAT THE SUBDIVISION SHOWN HEREON
IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP, AND ANY
APPROVED ALTERATIONS THEREOF, THAT ALL PROVISIONS OF THE SUBDIVISION
MAP ACT AND ANY LOCAL ORDINANCES APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPLIED WITH.
DATED THIS DAY OF _____ , 20_.
JAMES COZAD, P.£ 85576
CITY ENGINEER OF THE CITY OF LOS BANOS
CITY SURVEYOR'S STATEMENT
I HEREBY STATE THAT IN ACCORDANCE WITH THE PROVISIONS OF CALIFORNIA GOVERNMENT CODE SECTION 66442, I HAVE EXAMINED THIS MAP AND I AM SATISFIED THAT THIS MAP IS TECHNICALLY CORRECT.
DATED THIS DAY OF _____ , 20_.
NARINDER S. SAHOTA, PLS 8719
ACTING CITY SURVEYOR
CITY CLERK'S CERT/FICA TE
C 85576
I, LUCILLE L. MALLONEE, CITY CLERK OF THE CITY OF LOS BANOS, STATE OF CALIFORNIA, DO HEREBY STATE THAT AT THE REGULAR MEETING OF THE CITY COUNCIL OF THE CfTY OF LOS BANOS, STATE OF CALIFORNIA, HELD ON THIS DAY OF _____ , 20_ , THE ACCOMPANYING FINAL MAP OF iRACT NO. 2025-01 OVERLAND TRAIL# WAS APPROVED; AND ACCEPTED ON BEHALF OF THE PUBLIC, FOR PUBLIC USE, THE IRREVOCABLE OFFER OF DEDICATION IN EASEMENT OF ALL PUBLIC UTILITY EASEMENTS {PUE} AND THE IRREVOCABLE OFFER OF DEDICATION IN FEE, ALL STREET RIGHTS-OF-WAY, SAID APPROVAL IS SUBJECT TO ACCEPTANCE OF IMPROVEMENTS; ALL AS SHOWN ON THIS FINAL MAP.
DATED THIS DAY OF _____ , 20_.
LUCY MALLONEE, CITY CLERK BY: ________________ _
PmNTNAM~--------------
PLANNING COMMISSION STATEMENT
I, STACY SOUZA ELMS, DIRECTOR FOR THE CfTY OF LOS BANOS COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT, DO HEREBY STATE THAT I HAVE EXAMINED THIS FINAL MAP OF "TRACT NO. 2025-01 OVERLAND TRAIL"
AND THAT THE SUBDIVISION IS SUBSTANTIALLY THE SAME AS THAT SHOWN ON THE TENTATIVE MAP APPROVED BY THE CITY PLANNING COMMISSION ON THE 11TH DAY OF MAY, 2016, AND THAT THIS FINAL MAP OF "TRACT NO. 2025-01 OVERLAND TRAIL# COMPLIES WITH ALL REQUIREMENTS OF SAID PLANNING COMMISSION.
DATED THIS DAY OF _____ , 20_.
STACY SOUZA ELMS, COMMUNfTY AND ECONOMIC DEVELOPMENT DIRECTOR
CITY OF LOS BANOS
RECORDER'S STATEMENT
FILED THIS ___ DAY OF _______ , 20 __ , AT _____ O'CLOCK M.
IN VOLUME OF OFFICIAL PLATS AT PAGES , M.C.R.
AT THE REQUEST OF STONEFIELD HOME, INC.
FEE:
_______ _
MATT H. MAY, COUNTY RECORDER BY: ____________ , DEPUTY
VOLUME __ PAGE __ SHEET 1 OF 3
83 "'- ®@!Riilrn:~oo@rn:u lP&OOlK / ~/ GPS MONUMENT 1017 FOUND .3/4" IRON PIPE, WITH TACK, ; }( \' L_-2• DIAMITER ALUMINUM CAP STAMPED ~---;::::>TAGGED LS 5122, PER (8)(£) C5 !:lo! / \ 0GPS/GIS 1017 R.C.£ 15.310° PER {A) _ . . _ . SECTION 12 L N88"23'51"W 408.29'(M}{B) 408.17'{£) MISSION DRIVE "> ,q; SECTION 13_---1-2.-1-1•=:J - L12- FOUND BRASS TAG, STAMPED 396. 1B' FOUND 3/4° IRON P.-1P._'£_, -Wl-1TH-TA_C_K,_~ .---- -----JfL11 / LS 8040, AS 1' WC, PER (8) TAGGED LS 5122, PER (B}{E}-.........J .~ \ '
E
110.01· - , n I I I 1 1 .l. ~,f)'b·
1 - \
26.oo· I 6 I s I •v·v
1 I I I .~ I 2 \
.....
10 I 9 I a I 1 ®®llJJu[X] ~[X]&®rn ®& 4 3 2 ?J~ I I /,@[Ra]O@®D@lm W0[1[1£@rn \~ J_ N88'23'51 "W 463.16'{M}{B) 3' WC"\_! I ®@llJJu[X] ~[X]&@rn ~ml ~- •·---"'i""---,-----,....._--~~.;.;..-,-..;..;.;.;..;..:,~~--..1.---.,.._----1.--.:-:;;;.'!.• 1 \~ % I "' \ii "' /_____,
-
-<'< \~i / \ 26 %Al
y \~ - \x5 I., \ ~.i. \\ "'-
ft" 21 \ ~'vh \ " \ ~'G:i
"' ~c::. \
2 SCALE 1• - 60'
3 41 40 39 .38 37 36 35
34 4
LAVENDER LANE
-0:C
5 33
6 "' ~""
28 ", ~\
7 42 43 44 45 46
32 @ iii' =
v" 8 ::c
d@ r:::
[1111] Ii', ti
@~
@s ,l.u '4@ It) @, I? .f\l @ @!] l8
C
SEESHEET3
49 CAMELIA LANE
50 48
47 §] '----
31 25
26 27 ----...___
,_ ____
32 15 14 13 12
--
\
24 33
-
CLEMAns LANE
23 -
-
-
-
34 22
----
16 r-3'x.3' WC
--~--t•..9-
17 18
269.55'
19 20
21 ::::i 35 )
3' WC
119.87' s~-------~
- N89'04'35"W .389.42'(M)(B) L14
-
; 271.23'(M)(B}{D)
179.64'(M)(B}(D} --~~-=-- - 7,(M}(B}{D)
----- -- -----~ ~88'39'29"£ 450.8 TH T,"ACK
v" _J- FOUND 3/4" IRON PIPE, WI " • @s FOUND 3/4° IRON PIPE, TAGGED LS 7788, PER (B){D} c,§J WITH TACK, TAGGED WILLMOTT ROAD LS 7788, PER {8}(0} A: ;:>
1Ral&[¥l @[]a \Vl&lLlLrnW ~rn&@@IW@
----...___
----
29 '----
'----
JO " .........
GPS MONUMENT 1021~~
2" DIAMITER ALUMINUM CAP STAMPED
nGPS/GIS 1021 R.C.£ 15310· PER (A)
"'
'----
IT:alD®®D@lm W0[1l1&@[§
®@llDu[X] ~[X]&@[§ ~@
'--...
LINE DATA TABLE
UN£ BEARING DISTANCE
L1 N2'38'1r£ 73.33'
L2 N14'08'06•£ 74.73'
L3 N19'43'59•£ 73.29'
L4 N28'17'45•£ 75.15' LS N30'39'12•£ 120.00'
L6 N28'46'18"E 72.95'
L7 N19'39'31"E 84.16'
LB N12'28'10"E 53.55'
L9 N1'36'09"£ 77.13'
L L10 N0'55'25"E 83.46' L11 N88"23'51 "W 136.01' L12 so·ss·2s"W 30.00' L13 S1"36'09"W 18.00'
L14 N0'55'25"£ 38.90'
{M}{B}{C}{D) {M)(B}{C}{D) {M)(B}{C}{D)
(M)(B}{C)(D)
{M)(B}{C)(D) {M)(B}{C}{D) {M}{B}{C}{D) {M}{B}{C}{D) {M}{B}{C}{D) {M}{B) (M)(B)
(M)(B)(E)
TRACT NO. 2025-01
OVERLAND TRAIL
BEING A SUBDIVISION OF THE REMAINDER, AS SHOWN ON THE MAP ENnTLED "MISSION VILLAGE SOUTH, PHASE 5A II FILED IN VOLUME BJ OF OFFICIAL PLATS AT PAGES 5-7, LYING IN A PORnON OF SECnON 13, TOWNSHIP 10 SOUTH, RANGE 10 EAST, MOUNT DIABLO MERIDIAN
CITY OF LOS BANOS, COUNTY OF MERCED, STATE OF CALIFORNIA MARCH 2026
LEGEND
BENCHMARK ENGINEERING
CIVIL ENGINEERING, PLANNING, AND LAND SURVEYING
4265 SPYRES WAY, SUrTE A, MODESTO, CALIFORNIA, 95366 (209) 548-9300 NOTE: ALL PIPE SIZES ARE INSIDE 0/AMITER
• FOUND MONUMENT 3/4" IRON PIPE TAGGED LS 8040 PER {B), OR AS NOTED 0 FOUND MONUMENT 3/4" IRON PIPE TAGGED LS 8040 PER {C), Q FOUND MONUMENT 3/4" IRON PIPE TAGGED LS 8040 PER {B)(C), OR AS NOTED
FOUND MONUMENT IN MONUMENT WELL, AS NOTED FOUND GPS MONUMENT, AS SHOWN ON REF (A) o SIT 3/4" x 24" IRON PIPE, WITH PLAsnc PLUG STAMPED LS 8040 SIT 3/4" x 24" IRON PIPE, WITH PLASTIC PLUG STAMPED LS 8040 IN MONUMENT WELL D.N. DOCUMENT NUMBER
-OP- OfflCIAL PLATS
(M) MEASURED ON THIS SURVEY
(R) RADIAL BEARING
PUE PUBLIC UTIUTY EASEMENT
C99 CURVE TABLE REFERENCE
L99 UN£ TABLE REFERENCE
WC WITNESS CORNER, AS SHOWN HEREON
(*) CALCULATED PER RECORD
M.C.R. MERCED COUNTY RECORDS
SUBDIVISION SUMMARY
50 LOTS
STREITS
TOTAL
BASIS OF BEARINGS
5.64 ACRES
2.17 ACRES
7.81 ACRES
A BEARING OF N26'23'09"W WAS MEASURED FOR THE LINE BITWEEN GPS/GIS MONUMENTS 1021 AND 1017 AS SHOWN ON REF {B) WAS USED AS THE BASIS OF BEARINGS FOR THIS DRAWING. THE RECORD BEARING FOR THIS LINE IS N26'23'32"W PER REF (A)
REFERENCES
(A) GPS CONTROL NITWORK, FILED IN VOLUME 28 OF SURVEYS, AT PAGES 9-12, M.C.R. (B) MISSION VILLAGE SOUTH, PHASE SA, ALEO IN VOLUME 83 OF OfflCIAL PLATS, AT PAGES 5-7, M.C.R.
(C) MISSION VILLAGE SOUTH, PHASE JC, FILED IN VOLUME 82 OF OFFICIAL PLATS, AT PAGES 1-4, M.C.R.
(D) MISSION VILLAGE SOUTH, PHASE 1, ALEO IN VOLUME 72 OF OFFICIAL PLATS, AT PAGES 4-8, M.C.R.
(£) SOMERSIT PARK, FILED IN VOLUME 54 OF OfflCIAL PLATS, AT PAGES 37-40, M.C.R. [lJ_l1] @~n@[¥ln@'(] 7 "Oi(
@s DATE: 2026-7-27 9:23 FILE: M:\209239\Survey Drowings\OVERLAND TRAILS FM\02 - BND.dwg @, VOLUME __ PAGE __ SHEET 2 OF J 84 0 •
@ LINE DATA TABLE
f-- - - - -
30' 3' WC LINE BEARING DISTANCE
L1 N2"38'17•E 73.33'
1 L2 N14"08'06°E 74.73'
3' WC
f-- - - --
2 3' WC(i
-----
J
3' WC{i
-----
[Mi]O®®O@[t!J WDl1l1.&@
®@(LJJ'jj'[){] CoJOiJ&®~ ® •
4 3' WC(,
--
---
5 --- -
3' WC(i
-
S-1 6
3' WC(B)
'o:i' ,,;;:_
s- (Q
a:: ClC)
;t:
.!">
-
")
NI
::.::
RADIAL BEARING DATA
- RADIAL BEARING
(R)1 N6T35'45"E
(R)2 N48"32't6•E
(R)3 S43'50'15"W (R)4 S46"14'42"W
N1"36'o9•E
84.00'
0 38 8
3,780 S.F.
(Q
N1"36'o9•E lo OC'\j
84.00' ;t:
(R)5 S60"04'51 "W
(R)6 S66"46'32"W
-
g ,ll'l 39
3,780 S.F. t8 ::.::
- (R)l S71"33'44"W N1"36'09"E
(R)B S82"16'32"W 84.00'
0 (R)9 N74"42'57"E
(R)10 S5T59'54"W
40 g
3,780 S.F. l('j "I-
-
(R)11 S80"40'12"W
(R)12 S89"57'49"W
FOUND BRASS TAG, L STAMPED LS 8040, AS 1' WC, PER (B)
N0"55'25•E 83.46'
(M)(B)(C)(D) (M)(B)(C)(D)
LINE DATA
LINE BEARING
L3 N19"43'59"E L4 N28"17'45"E L5 N30"39'12"E L6 N28"46'1B"E L7 N19"39'31 "E
LB N12"28'10"E
L9 N1"36'09"E
TABLE
DISTANCE
73.29'
75.15'
120.00'
72.95'
84.16'
53.55'
77.13'
(M)(B)(C)(D) (M)(B)(C)(D) (M)(B)(C)(D) (M)(B)(C)(D) (M)(B)(C)(D) (M)(B)(C)(D) (M)(B)(C)(D)
LINE DATA TABLE
LINE BEARING DISTANCE
L15 N43'44'13"W 21.09' L16 N46"15'47"E 21.34'
L17 N51"50'27"W 17.87'
L18 N25"04'13"E 27.52'
L19 S33"50'5B"W 25.18'
L20 S44"33'23•E 21.03'
L21 S0"55'25"W 53.50'
L22 S45"55'25"W 16.97'
L23 N44"04 '35 "W 21.21 •
L24 N0"55'25°E 53.50'
TRACT NO. 202UJ1
OVERLAND TRAIL
BEING A SUBDIVISION OF THE REMAINDER, AS SHOWN ON THE MAP ENTITLED "MISSION VILLAGE SOUTH, PHASE SA" RLED IN VOLUME BJ OF OFFICIAL PLATS AT PAGES 5-7, LYING IN A PORTION OF SECTION 13, TOWNSHIP 10 SOUTH, RANGE 10 EAST, MOUNT DIABLO MERIDIAN
CITY OF LOS BANOS, COUNTY OF MERCED, STATE OF CALIFORNIA MARCH 2026
NOTES
BENCHMARK ENGINEERING
CIVIL ENGINEERING, PLANNING, AND LAND SURVEYING
4265 SPYRES WAY, SUITE A, MODESTO, CALIFORNIA, 95356 (209) 548-9300 8 l('j
"I19 3,780 S.F.
-
8 l('j 18
""" 3,780 S.F.
N0"55'25"E 3' WC ~0--+-----___;'----"~0 84.00'
"I- - ~8
l('j
::.:: "I17 3,780 S.F.
0---------0 N0"55'25°E 3' WC
84.00'
3.00'
'o:i'
s- c::i
c§ 9i a::
;t: i
....J
;;::!
0) :it:
46'
'.c:i'
'o:i'
'i'
" co c:i
It .N
'.c:i' ,,;;:_
'o:i'
'i'
-
CURVE DATA TABLE
CURVE DELTA RADIUS LENGTH
CT 32•55•31• 38.00' 21.84'
C2 1·01 •52• 276.00' 4.97'
CJ 8"51 '37" 276.00' 42.68'
C4 8"51'37" 276.00' 42.68' C5 8"51'37" 276.00' 42.68' C6 19"28'28. 276.00' 93.81' Cl 2"24'27" 224.00' 9.41'
CB 20·31•50• 224.00' 80.27'
C9 22"56'17" 224.00' 89.68'
C10 0·57'35• 224.00' 3.75'
C11 8"38'53• 276.00' 41.66'
C12 10"42'48. 276.00' 51.61' C13 11·2e•53• 276.00' 55.31' C14 16"14'35• 276.00' 78.25' C15 4·42•01· 224.00' 18.38'
C16 16"12'28. 224.00' 63.37'
C17 2.J"19'40• 250.00' 101.79'
C18 2.J"45'30• 250.00' 103.67' C19 36"49'57" 250.00' 160.71' C20 10·15•13• 250.00' 44.74' C21 2•47'39• 69.00' 3.37'
C22 34"03'57" 69.00' 41.02' C23 24°48'02· 69.00' 29.87' C24 61"39'38° 69.00' 74.26' C25 61"39'38. 43.00' 46.28' C26 61"39'38. 17.00' 18.30' C27 11e·20·22· 17.00' 35. 11'
C28 11e·20·22· 43.00' 88.81'
C29 11e·20·22· 69.00' 142.51' C30 2r51'31• 69.00' 33.55' C31 30•41•39• 69.00' 36.96'
C32 30·41•39• 69.00' 36.96' C33 29"05'27" 69.00' 35.03' SHEET J OF 3
85 SITE MAP: Overland Trail
86 Recording Requested By:
City of Los Banos
And When Recorded Mail to:
Lucille L. Mallonee, City Clerk
City of Los Banos
520 J Street
Los Banos CA 93635 Space above this line for Recorder’s use.
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT made this 7th day of October, 2026, between Stonefield Home, Inc., a California Corporation, Parties of the First Part, hereinafter designated and called "DEVELOPER(S)", and the CITY OF LOS BANOS, a municipal corporation, the Parties of the Second Part, hereinafter designated and called "CITY".
WHEREAS, the DEVELOPER(S) have presented to the CITY a certain Final Map located within the corporate limits of the CITY, and known and described as Vesting Tentative Tract Map Overland Trail, comprised of 50 lots on approximately 7.81+ acres, a copy of which is on file at the City of Los Banos Planning Department and made a part of this AGREEMENT by reference, and said DEVELOPER(S)have requested the CITY to accept the dedications delineated and shown on said Final Map in order that the same may be recorded as required by law; and, WHEREAS, the CITY requires a condition precedent to the acceptance and approval of said Final Map, the dedication of said easements as are delineated and shown on said Final Map, and deems the same as necessary for public use, and requires and deems as necessary for the public use that any and all street improvements delineated and shown thereon shall be improved by the construction thereon and the installation therein of the improvements hereinafter specified in Paragraph One herein; and,
WHEREAS, certain sections of the Los Banos Municipal Code require the DEVELOPER(S) to enter into this AGREEMENT with the CITY whereby DEVELOPER(S) agree to do, perform, and complete the works and matters hereinafter in this AGREEMENT mentioned and set forth in details, within the time hereinafter mentioned, in consideration of the acceptance of the offers of dedication by the CITY; and, WHEREAS, the City Council of the City of Los Banos has found said Final Map by Resolution No. ________ to be in substantial compliance with the designs and Conditions of Approval of Vesting Tentative Tract Map #2025-01.
NOW, THEREFORE, in consideration of the acceptance of the offers of dedication of easements, and facilities as shown and delineated on said Final Map, and the approval of said Final Map for filing and recording as provided and required by law, it is mutually agreed and understood by and between DEVELOPER(S) and CITY as follows:
SUBDIVISION AGREEMENT
1. That the CITY has fixed and does fix the time within which DEVELOPER(S) shall do and perform the work and improvements hereinafter specified and at such time during this period as 87 Subdivision Improvement Agreement 2 FM #2025-01
Overland Trail
designated by the Public Works Director/City Engineer of the CITY, but no later than the 7th day of October 2028, with the said provision that this time may be extended by consent of the City Council, and that the DEVELOPER(S) will, within the period of time stated herein above in this paragraph stated and fixed, do or cause to be done and performed, the following described work and improvements,(as detailed in attached Exhibit A) all at their own cost and expense, to the satisfaction of the Public Works Director/City Engineer in accord with the approved subdivision improvement plans and existing City Policies and adopted Standards, including all costs of inspection, to-wit;
IMPROVEMENTS:
1. SITE PREPARATION $ 16,257.00
2. STORM DRAIN $ 30,570.00
3. SEWER $ 150,400.00
4. WATER $ 152,560.00
5. CONCRETE $ 214,920.00
6. PAVEMENT $ 186,294.00
7. ELECTROLIERS $ 21,000.00
8. MISCELLANEOUS $ 103,034.00
TOTAL Cost of Construction and/or $ 875,035.00
Installation of Improvements
CONTINGENCIES AT 10% $ 87,503.50
TOTAL $ 962,538.50
2. The DEVELOPER(S) shall furnish bonding or other forms of security for the estimated cost of the remaining improvements, agreed to by the CITY for Performance at 100%, $962,538.50 and Labor and Materials at 50%, $481,269.25 and prior to the release of other security, for Warranty and Guarantee at 10% in the amount of $96,253.85 In addition, the DEVELOPER(S) shall provide a bond or other form of security in the amount of $3,500.00 for survey monuments, per §66496 of the Government Code.
3. The DEVELOPER(S) agrees to pay the following fees at the time of signing the AGREEMENT less any amount previously paid.
ENGINEERING AND INSPECTION
5% of Approved Engineer’s estimate of $962,538.50. $ 48,126.93 Less: Deposit for Plan Check $ 0.00
TOTAL $ 0.00
88 Subdivision Improvement Agreement 3 FM #2025-01
Overland Trail
4. In accordance with adopted City Policy, security funds may be released for each category of improvements, as per Engineer’s cost estimates for $962,538.50 (attached as Exhibit “A”), as approved by Public Works Director/City Engineer and accepted by the City Council.
5. The DEVELOPER(S) shall install improvements in accordance with the requirements of the City of Los Banos Municipal Code, the Standard Specifications of the City of Los Banos, the approved Subdivision Improvements and Grading Plans and the Conditions of Approval of Vesting Tentative Tract Map Overland Trail. All public improvements and utilities must be installed prior to occupancy of units.
6. In the event that the DEVELOPER(S) shall damage, destroy, or tear up any existing improvements, DEVELOPER(S) agree to repair or replace such destroyed or damaged improvements at their cost whenever such damage shall occur.
7. Street lights shall be furnished and installed by the DEVELOPER(S). It is solely the DEVELOPER(S) responsibility to coordinate the installation of street lights with the Pacific Gas and Electric Company and pay any and all fees necessary for their installation. At the time of acceptance, the street lights, including conductors to utility owner splice boxes, shall become the property of the CITY.
8. Any improvements not shown on the approved Improvement Plans which are to be dedicated to the CITY or which are to be placed within the proposed City right-of-way, including mailboxes, private and utility works, shall not be constructed without written approval from the CITY. It shall be the DEVELOPER(S) responsibility to ensure that mailboxes for use by the U.S.
Postal Service are available for residents at the time of occupancy; installation to be per plans approved by the Postmaster and the CITY.
9. All earthwork and construction shall meet the requirements and recommendations of the Soils Report, the Amended Soils Report for the Project and the adopted Improvement Standards and Specifications of the City. The DEVELOPER(S) shall, at their expense, provide a Soils Engineer whose responsibility includes the professional inspection and approval concerning the preparation of ground to receive fills, excavation and backfill operations, stability of all finished slopes, and testing for required compaction. Prior to the issuance of structural permits and prior to occupancy release, the Soils Engineer shall certify, in writing, that all earthwork including trench backfill meets the requirements and recommendations of the Soils Report and the adopted Improvement Standards and Specifications of the City.
10. Neither the CITY nor any of its officers or agents shall be liable to DEVELOPER(S) or their contractors for any error or omission arising out of or in connection with any work to be performed under this AGREEMENT. During the progress of the work, if it becomes necessary to modify the design because of errors or omissions on the plans or unforeseen conditions which render a portion of the project inoperable, unsafe, or prohibits a part of the project from 89 Subdivision Improvement Agreement 4 FM #2025-01
Overland Trail
performing satisfactorily in the opinion of the CITY, the plans shall be modified in accordance with the recommendations of the CITY. The DEVELOPER(S) shall be responsible for all costs incurred in revising the plans and performing the work in accordance with the modified plans.
11. The Improvement Plans may be modified upon approval by the CITY at no cost to the CITY.
12. The CITY shall not be liable to the DEVELOPER(S) or to any other person, firm, or corporation whatsoever, for any injury or damage that may result to any person or property by or from any cause whatsoever in, on, or about the subdivision of said land covered by this AGREEMENT, or any part thereof.
13. The DEVELOPER(S) hereby release and agree to indemnify and hold the CITY harmless from and against any and all injuries to and deaths of persons and injuries to property, and all claims, demands, costs, loss, damage, and liability, howsoever the same may be caused and whensoever the same may appear, resulting directly or indirectly from the performance or nonperformance of any or all work to be done in and upon the street rights-of-way in said subdivision and upon the premises adjacent thereto pursuant to this AGREEMENT, and also from any and all injuries to and deaths of persons and injuries to property or other interests, and all claims, demands, costs, loss, damage, and liability, howsoever the same may be caused and whensoever the same may appear, either directly or indirectly made or suffered by the DEVELOPER(S), the DEVELOPER(S) agents, employees, and subcontractors, while engaged in the performance of said work.
14. The DEVELOPER(S) agree that the use for any purpose and by any persons of any and all of the improvements herein before specified, shall be at the sole and exclusive risk of the DEVELOPER(S) at all times prior to final acceptance by the CITY of the completed improvements. Thereon and therein; provided, that acceptance by the CITY shall in no way eliminate or lessen any of DEVELOPER(S) obligations and undertakings contained in this AGREEMENT. The issuance of any occupancy permits by the CITY for dwellings located within said subdivision shall not be construed in any manner to constitute an acceptance and approval of any or all of the improvements in said subdivision.
15. It is mutually agreed by the parties hereto that the Public Works Director/City Engineer shall have the right to reject any or all of the work to be performed under this AGREEMENT if such work does not conform with the plans and specifications mentioned herein or the ordinances of the CITY. Reinspection of corrected work shall be at the expense of the DEVELOPER(S). The cost of such reinspection is not included in the Engineering and Inspection Fee described in Paragraph 4 of this AGREEMENT. Any damage to the sewer system, utilities, concrete work, or street paving that occurs after installation shall be repaired by the DEVELOPER(S) to the 90 Subdivision Improvement Agreement 5 FM #2025-01
Overland Trail
satisfaction of the Public Works Director/City Engineer by the DEVELOPER(S) before release of bond or final acceptance of completed work.
16. DEVELOPER(S) shall provide for adequate erosion control as determined by the Public Works Director/City Engineer on individual lots and from exterior property draining into the area of the subdivision, to protect the public rights-of-way and improvements. Erosion control on individual lots shall continue until such a time as front and street side yard landscaping is installed.
17. Without limiting the foregoing, DEVELOPER(S) warrant and guarantee materials used and workmanship performed on said work for a period of one (1) year after completion and acceptance thereof by the City Council, or the Public Works Director/City Engineer.
18. Upon completion of the improvements, specified herein the DEVELOPER(S) shall file a Notice of Completion with Merced County and submit to the City "As Built" drawings on mylar, of the improvements. The Notice of Completion shall be filed no later than thirty-five (35) days prior to consideration for acceptance of the improvements by the City Council. As part of the request for acceptance of improvements, the DEVELOPER(S) shall submit a title report encompassing each of the parcels within the Subdivision which discloses all liens or claims which may have been recorded in or prior to thirty-one (31) days following the date of recordation of the Notice of Completion. If any liens or claims are thus revealed, the DEVELOPER(S) shall either remove the liens and claims and submit an updated title report prior to acceptance of the Subdivision by the CITY, or shall enter into an agreement with the CITY that provides to the satisfaction of the CITY a method for the removal of such liens and claims at no cost to the CITY.
19. It is hereby mutually covenanted and agreed by the parties hereto that DEVELOPER(S) contractors are not agents of the CITY and that the contractors' relations to CITY, if any, are those of independent contractors.
20. That the applicant furnish the CITY with a reproducible 8 1/2" x 11" map of the Final Map of this development prior to issuance of permits.
21. DEVELOPER(S) shall comply with all applicable original or amended Conditions of Approval of Vesting Tentative Tract Map #2025-01, prior to acceptance of public improvements or final of any housing units.
22. No work shall commence under the terms of this AGREEMENT prior to all of the following being completed: deposit of improvement security per City Council resolution; issuance of a Subdivision Improvements grading permit other than rough grading and site preparation; and payment of all required development fees.
23. All costs for engineering and inspection services which exceed the 5% fee specified above will be invoiced to the DEVELOPER(S) and must be paid in full prior to acceptance of the subject improvements by the CITY.
91 Subdivision Improvement Agreement 6 FM #2025-01
Overland Trail
24. If construction of improvements has not begun within one (1) year from the date of this AGREEMENT, then prior to commencement of work the Public Works Director/City Engineer shall review the improvement plans and determine if revisions are required. In any case, a new engineer's cost estimate shall be submitted by the applicant to the Public Works Director/City Engineer. The applicant shall be responsible for any modification to the plans required by the Public Works Director/City Engineer and shall pay all plan check fees plus the difference in inspection fees due based on the new cost estimate.
25. The DEVELOPER(S) acknowledge the requirement to comply with the environmental mitigation measures for Vesting Tentative Tract Map #2025-01, and the conditions of approval for said tentative map, (attached herein as Exhibit ‘B’), in the development of this Subdivision.
26. The terms of this AGREEMENT are not intended to, nor do they, relieve the DEVELOPER(S) of any conditions of approval, compliance with City Standards or compliance with mitigation measures of adopted environmental documents, the compliance with which may be placed as a condition of permit issuance or occupancy.
27. Time is of the essence of this AGREEMENT. It is agreed that the provisions of this AGREEMENT shall apply to and bind the heirs, executors, administrators, successors, devisees, and assignees of the respective parties hereto.
92 Subdivision Improvement Agreement 7 FM #2025-01
Overland Trail
IN WITNESS WHEREOF, the parties have executed these presents or caused the same to be executed by the officers thereunto duly authorized on the date and year in this AGREEMENT first above written.
Stonefield Home, Inc.
A California Corporation
________________________________
Greg Hostetler, President
PARTIES OF THE FIRST PART
CITY OF LOS BANOS
A Municipal Corporation
_______________________________
Michael S. Aamabile
Mayor
City of Los Banos
PARTIES OF THE SECOND PART
ATTEST:
__________________________
Lucille L. Mallonee
City Clerk
City of Los Banos
Signatures need to be notarized.
Attach a Notary Acknowledgement.
93 THIS PAGE IS INTENTIONALLY LEFT BLANK
94 JOB #209239
MARCH 30,2026
ITEM DESCRIPTION UNIT QUAN. UNIT PRICE AMOUNT
A. SITE PREPARATION
1. MOBILIZATION LS 1 $15,000.00 $15,000.00
2. SAWCUT EXISTING PAVEMENT LF 126 $2.00 $252.00
3. REMOVE EXISTING PAVEMENT SF 338 $1.00 $338.00
4. REMOVE EXISTING CONCRETE SF 667 $1.00 $667.00
---------------------
SUB-TOTAL $16,257.00
B. STORM DRAIN
1. 18" STORM DRAIN LF 471 $45.00 $21,195.00
2. 12" STORM DRAIN LF 35 $25.00 $875.00
3. STANDARD MANHOLE EA 1 $2,500.00 $2,500.00
4. CATCH BASIN EA 2 $2,500.00 $5,000.00
5. CONNECT TO EXISTING 18" STORM DRAIN EA 1 $1,000.00 $1,000.00 ---------------------
SUB-TOTAL $30,570.00
C. SEWER
1. 8" SEWER LF 1,167 $40.00 $46,680.00
2. 6" SEWER LF 924 $30.00 $27,720.00
3. 4" SEWER SERVICE LATERALS EA 50 $1,000.00 $50,000.00
4. STANDARD MANHOLE EA 8 $2,500.00 $20,000.00
5. STANDARD CLEANOUT EA 2 $2,500.00 $5,000.00
6. CONNECT TO EXISTING SEWER MANHOLE EA 1 $1,000.00 $1,000.00 ---------------------
SUB-TOTAL $150,400.00
D. WATER
1. 8" WATER LF 1,884 $40.00 $75,360.00
2. 8" GATE VALVE EA 9 $1,500.00 $13,500.00
3. 1" WATER SERVICE EA 50 $850.00 $42,500.00
4. FIRE HYDRANT WITH TEE, GATE VALVE & BURY EA 4 $4,800.00 $19,200.00
5. CONNECT TO EXISTING 8" WATER EA 2 $1,000.00 $2,000.00 ---------------------
SUB-TOTAL $152,560.00
E. CONCRETE
1. 6" VERTICAL CURB & GUTTER LF 3,489 $15.00 $52,335.00
2. SIDEWALK (INCLUDING RETURNS) SF 14,723 $5.00 $73,615.00
3. RESIDENTIAL DRIVEWAY EA 50 $1,500.00 $75,000.00
4. ACCESSIBLE RAMP (LABOR ONLY) EA 10 $500.00 $5,000.00
5. VALLEY GUTTER LF 299 $30.00 $8,970.00
---------------------
SUB-TOTAL $214,920.00
50 LOTS
LOS BANOS, CALIFORNIA
BOND ESTIMATE
FOR
OVERLAND TRAIL
Exhibit A
BENCHMARK
ENGINEERING
95 BOND ESTIMATE
OVERLAND TRAIL
LOS BANOS, CALIFORNIA
JOB #209239
MARCH 30,2026
PAGE 2
ITEM DESCRIPTION UNIT QUAN. UNIT PRICE AMOUNT
F. PAVEMENT
1. 0.21'AC/ 0.33'AB/ 0.33' ASB SF 60,898 $3.00 $182,694.00
2. MONUMENT WELLS EA 12 $300.00 $3,600.00
---------------------
SUB-TOTAL $186,294.00
G. ELECTROLIERS
1. 100W LED STREET LIGHTS EA 6 $3,500.00 $21,000.00
---------------------
SUB-TOTAL $21,000.00
H. MISCELLANEOUS
1. IRRIGATION/IRRIGATION SF 579 $6.00 $3,474.00
2. STRIPING AND SIGNAGE LS 1 $1,500.00 $1,500.00
3. EROSION CONTROL LS 1 $5,000.00 $5,000.00
4. SPEED CUSHIONS LS 1 $1,000.00 $1,000.00
5. 6' HIGH MASONRY WALL LF 899 $100.00 $89,900.00
6. EVA ACCESS GATE LF 72 $30.00 $2,160.00
---------------------
SUB-TOTAL $103,034.00
SUB-TOTAL============> $875,035.00
10% CONTINGENCY============> $87,503.50
CONSTRUCTION TOTAL============> $962,538.50
NOTE:
1. THE ABOVE DEVELOPMENT COST ESTIMATE DOES NOT INCLUDE LAND, ADJACENT RIGHT-OF-WAY,
INTEREST, TAXES, COMMISSIONS, LEGAL FEES, ENGINEERING FEES, GEOTECHNICAL FEES, CITY FEES. FEES CHARGED IN CONNECTION WITH A BUILDING PERMIT. PRICES REFLECT CURRENT
NORMAL CONSTRUCTION COSTS AND ARE SUBJECT TO CHANGE ONCE STREET IMPROVEMENT PLANS HAVE BEENAPPROVED.
PREPARED BY IG
REVIEWED BY MR
K:\209239 Overland Trail\Engineering\Estimates\2026.3.30 Estimates\2026.3.30 Bond 96 EXHIBIT B
CONDITIONS OF APPROVAL FOR VESTING TENTATIVE TRACT MAP #2025-01-
OVERLAND TRAIL SUBDIVISION
General
1. The applicant shall submit a revised Vesting Tentative Tract Map to the Community and Economic Development Department reflecting any modifications, additions, and/or conditions of approval, within 30 days from Planning Commission approval. If necessary, the revised Vesting Tentative Tract Map shall be reviewed by the City Engineer and the Community and Economic Development Director and signed by the Community and Economic Development Director for purposes of providing a clear record of the approved Vesting Tentative Tract Map to the satisfaction of the Community and Economic Development Director.
2. The Vesting Tentative Tract Maps, Final Maps, and Improvement Plans shall be consistent with the Final Development Plan, as conditioned.
3. Approval and life of the Vesting Tentative Tract Maps shall be as set forth in the Los Banos Municipal Code, and as set forth in the Subdivision Map Act.
4. All development shall be consistent with the Vesting Tentative Tract Map #2025-01 and approved Final Development Plan #2025-01, reflecting any amendments added during approval.
5. The approval of this Vesting Tentative Tract Map shall not become effective until the Final Development Plan has been approved by the City Council. The Vesting Tentative Tract Map is contingent upon the subsequent approval of the Final Development Plan, and any grading, infrastructure, or construction activity related to the map shall not proceed until such approval is obtained.
6. The Final Map(s) shall be in substantial compliance with the approved Vesting Tentative Tract Map, including any changes set forth in the conditions of approval.
7. A Final Map shall be prepared by a professional land surveyor licensed in California or a professional engineer licensed in California and qualified to practice land surveying, according to the Subdivision Map Act, and local ordinances.
8. At least two points on the Final Map shall be tied to the California State Plane Coordinate System (NAO 83) with ties shown and closure calculations depicting the tie bearings and distances.
9. A letter from the Tax Collector shall be submitted prior to the recording of the Final Map which indicates that taxes have been paid or a bond has been posted.
10. A Final Map Guarantee shall be prepared and provided to the County Recorder.
11. When the submittal has been technically approved, the original mylars and a conforming mylar will be signed and notarized (notary shall not be stamped on the map) and delivered to the Public Works Department.
12. Developer shall include a Public Utility Easement of ten (10) feet along all road frontages.
13. For subject properties within 1,000 feet of agricultural operations, deed notices shall be recorded with the final map. The deed notice shall require property purchasers to acknowledge the existing and ongoing commercial and/or agricultural uses on adjacent and nearby properties, and the Merced County Right-to-farm Ordinance.
97 14. Building Master Plans shall be approved by the Community and Economic Development Department and Building Department prior to issuance of the first building permit and shall be consistent with Final Development Plan #2025-01.
15. Improvement Plans shall be submitted to the City for approval prior to/or concurrent with the application for each final map and the following note shall be required: "The Contractor is responsible for protecting and preserving survey monuments and other survey markers. Any survey monuments damaged as a direct or indirect result of construction activities shall be re-established by a duly licensed land surveyor at the Contractor's sole expense. A corner record shall be filed in accordance with State law for any reset monuments at the Contractor's sole expense."
16. Improvement Plans shall include a street signage and striping plan to be approved by the Public Works Director/City Engineer.
17. Subdivision improvements may be constructed prior to the recording of the Final Map subject to City approval of Improvement Plans and payment of applicable plan check and inspection fees, and satisfaction of all construction conditions of approval.
18. If applicable, off-site public improvement plan(s) shall be submitted to the Public Works Department for approval prior to/or concurrent with the application for the Final Map. The developer shall not commence off-site improvements until approval is received by the Public Works Department. The developer shall enter into a subdivision improvement agreement with the City, subject to approval by the City Attorney, and shall provide labor and maintenance bonds in an amount of 100% of the Engineer's Estimate for public improvements to be completed following recordation of the Final Map.
19. The project is subject to the appropriate Development Impact Fees as established by the City.
20. Masonry walls consisting of 6 feet in height shall be installed along the western and southern project boundary, as illustrated on the VTTM, subject to City Engineer approval.
21. The applicant shall obtain City approval in advance for permanent and temporary on-site and off-site signs through separate sign reviews and bonding consistent with the development criteria of the Los Banos Municipal Code - Sign Ordinance.
22. It is the applicant's responsibility to ensure that the development complies with the Americans with Disabilities Act requirements.
23. It shall be the responsibility of the applicant to convey copies of the conditions of approval to all contractors and sub-contractors.
24. Building permits will be issued in accordance with City Subdivision Policy that identifies the improvements required in order for a building permit to be issued.
25. All structures, foundations, and footings for future buildings on the project site shall be designed and constructed to conform with the current Uniform Building Code for Seismic Zone 4 to minimize structural damage resulting from potential seismic activity.
26. An engineering soils report shall be prepared for all projects in order to identify soil characteristics requiring special structural design. On-site and off-site structural design shall conform to the findings and recommendation of the engineering soils report. The report shall be prepared prior to issuance of a grading permit, subject to review and approval of the Los Banos City Engineer. •
98 27. Prior to issuance of building permits for development of sensitive residential land uses (e.g. houses, schools, parks, day care, or other uses in which persons may contact soils), a Phase 1 environmental assessment shall be prepared to determine if soils contain hazardous materials. If necessary, a remediation plan shall be created and implemented. The assessment and any necessary remediation plans shall be subject to the approval of the Community and Economic Development Department.
28. Improvement Plans and Grading Plans shall delineate the location and design of all required walls and fences including retaining walls.
29. Due to the possibility that significant buried cultural resources might be found during construction, the following language shall be included in any permits issued for the project site, including, but not limited to building permits for future development, subject to the review and approval of the Los Banos Planning Division, and consistent with CEQA Guidelines 15064.5:
"If archaeological resources or human remains are discovered during construction, work shall be halted at a minimum of 200 feet from the find and the area shall be staked off. The project developer shall notify a qualified professional archaeologist. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented."
30. In the event of an accidental discovery or recognition of any human remains in any location other than a dedicated cemetery, the City shall ensure that this language is included in all permits in accordance with CEQA Guidelines section 15064.5(e):
"If human remains are found during construction there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the Los Banos Police Department contacts the coroner of Merced County to determine that no investigation of the cause of death is required. If the coroner determines the remains to be Native American, the coroner shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descendent from the deceased Native American. The most likely descendent may then make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and associated grave goods as provided in Public Resources Code Section 5097.98.
The landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance if: a) the Native American Heritage Commission is unable to identify a most likely descendent or the most likely descendent failed to make a recommendation within 24 hours after being notified by the commission; b) the descendent identified fails to make a recommendation; or c) the landowner or his authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner.
31. All mitigation measures and project requirements identified in the adopted CEQA document for this project shall be implemented as required and incorporated into all applicable plans and permits.
32. The developer shall process the vacation of the 30 foot right-of-way on Mission Drive. The right-of-way shall be vacated by the City of Los Banos, subject to City Council approval and completion of all statutory requirements, and shall be completed prior to or concurrent with recordation of the Final Map, as approved by the City Engineer.
33. The developer shall install a wrought iron EVA gate with a Knox Box at the dead end of Street C.
99 Pre-Construction and Construction
34. A minimum 200-foot separation shall be maintained between residences and material stockpiles, debris piles or containers and equipment storage during the construction process. If such storage must be located within 200 feet of a residence, a six-foot high opaque fence shall shield the storage area from view when the storage area is inactive for more than eight hours. This requirement shall be incorporated into the specifications for all construction plans, subject to review and approval by the City of Los Banos Community and Economic Development Department.
35. Two points of all-weather access shall be provided to all areas of the development during all phases of construction to the satisfaction of the Fire Department in areas where residential units are under construction.
36. Temporary construction trailers shall be permitted only in areas immediately adjacent to or within that portion of the subdivision where active subdivision construction is taking place. Placement of said construction trailer is subject to the Community and Economic Development Director approval in accordance with Title 9, Chapter 3, Article 38, Temporary Use Ordinance of the Los Banos Municipal Code.
37. During construction, and for safety purposes, the developer and assigned contractors shall keep the public right-of-way clear of obstructions, and provide for clean up on a daily basis.
38. Prior to acceptance of public improvements, all entries to the subdivision shall be barricaded to prevent the public from entering the construction site.
39. Undeveloped portions of development sites shall be controlled of weeds and free of debris and litter. The applicant shall provide protection against wind and water soil erosion on undeveloped portions of the project site. Temporary vegetation on undeveloped portions of the project site shall not be allowed to grow taller than eighteen inches.
40. All contractors and subcontractors performing work relative to this project shall obtain City of Los Banos Business Licenses, prior to start of work on the project.
All work performed on the project shall comply with the requirements of the State Business and Professions Code.
41. Construction shall be limited to _those times allowed by City Ordinance: Monday through Friday from 7:00 am to 7:00 pm; Saturday from 8:00 am to 7:00 pm; and Sunday from 9:00 am to 7:00 pm. Properly muffled equipment shall be used.
42. The developer shall incorporate soil erosion control measures into grading and drainage plans that comply with NPDES storm water regulations. These measures shall be monitored for effectiveness by the City of Los Banos. Such measures may include, but not be limited to, the following:
a. Limit disturbance of soils and vegetation disturbance removal to the minimum area necessary for access and construction;
b. Confine all vehicular traffic associated with construction to the right-of-way of designated access roads;
c. Silt fencing installed in accordance with the American Society for Testing and Materials standard 06462;
d. Adhere to construction schedules designed to avoid periods of heavy precipitation or high winds;
100
e. Ensure that all exposed soil is provided with temporary drainage and soil protection when construction activity is shut down during the winter periods; f. Inform construction personnel prior to construction and periodically during construction activities of environmental concerns, pertinent laws and regulations, and elements of the proposed erosion control measures; g. Compliance with National Pollution Discharge Elimination System (NPDES) permits administered by the California Regional Water Quality Control Board; and
h. Development of a plan to employ best management practices that reduce the level of pollutants discharged into natural waterways and wetlands.
Air Quality
43. Housing units shall be oriented to maximize passive solar cooling and heating when practicable.
44. The developer shall comply with all applicable Indirect Source Rule requirements of the San Joaquin Valley Air Pollution Control District. Developer shall prepare an air emissions reduction if required.
Access and Circulation
45. Where applicable and as determined by the City Public Works Director, all street traffic impact fee reimbursements shall be per the Transportation Impact Fee program (TIF).
46. The Class I and II bicycle paths shall be designed in conformance with Caltrans design standards, and shall specifically be designed to reduce intersection conflicts between cyclists and automobiles, using signage, lighting, and/or special street pavement treatments at and near points of intersection.
47. The developer shall be responsible for constructing public streets per the Vesting Tentative Tract Maps including, but not limited to curb, gutter and sidewalk, decorative masonry wall, and landscaping where noted. The City recognizes the Project's final mapping and development may be phased. As Final Maps are filed with the City for the Project, the Developer shall coordinate with the City Engineer and the City Engineer shall determine the scope of improvements required for each phase, or each Final Map.
48. All street signage and striping within the project area shall be approved by the Public Works Department and shall meet all line-of-sight requirements.
49. Prior to acceptance of the subdivision improvements, the developer shall be responsible for installation of all street and traffic control signs, pavement striping, and street name signs in accordance with City and/or Caltrans standards.
50. The developer shall be responsible for obtaining encroachment permits from the City of Los Banos prior to performing any work within the City's right-of-way.
51. The developer shall design and install traffic calming measures throughout the project area as approved by the City Engineer.
52. Traffic Calming improvements shall be installed on Street A between Lots 6 and 7 shall be designed and installed in accordance with the VTTM.
Landscape and Lighting District
101
53. Prior to approval of any final or parcel map, the developer shall form or annex the subject property to a Lighting and Landscaping District created for purposes of maintaining public landscape areas, signage and public lighting including a share of traffic signal maintenance costs as authorized pursuant to the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code, and Article XIIID of the California Constitution. The form, terms and conditions and the tax rate for the formation of the Lighting and Landscaping District, or in the alternative the annexation of the subject property to an existing district, shall be as approved by the City Council, as determined in its sole and exclusive discretion. It is the intent of the parties that the assessment of the subject property will be apportioned to each parcel in proportion to the special benefit it receives. District formation or annexation shall be at the sole cost of the developer.
Utilities
54. The applicant shall construct water, sewer, and storm drainage facilities as noted on the Vesting Tentative Tract Map, in accordance with City standards. The project shall comply with the current City Plans, Standards, and Specifications, all Master Plan requirements, and the applicant shall work with the Public Works Department in regards to needed infrastructure and development during the Improvement Plan Review stage.
55. In conformance with the Subdivision Map Act, the developer shall permit installation of underground cable television delivery systems within public utility easements. All dwellings shall be made cable ready.
56. Prior to approval of Improvement Plans or Final Maps, the developer shall obtain any necessary easements for utilities across adjoining properties.
57. All existing overhead utilities shall be placed underground with the exception of high voltage power lines. No new overhead utility lines and equipment shall be shown on Improvement Plans and Grading Plans.
58. Where the invert is six feet or greater below finish grade, a minimum clearance of five feet from lip of gutter to the edge of pipe shall be provided for underground utility lines.
59. All street lighting shall be hooded and/or fitted with prismatic directional lenses to prevent illumination onto adjoining properties and glare impacting on-coming traffic. Streetlight locations shall be shown on the Improvement Plans. Developer shall utilize cobra-head style streetlights, as depicted in the Final Development Plan, and all street lighting shall comply with the City's street lighting and illumination standards.
Water
60. The proposed project shall conform to the requirements of the Los Banos Water Master Plan, including payment of the water connection impact fee.
61. Approved backflow devices shall be installed as required.
62. Domestic water services shall not be placed in driveways, except in cul-de-sacs and knuckles as approved by the City Engineer.
102
Sewer
63. Upon issuance of a building permit, reimbursements for the Northgate Sewer Lift Station shall be payable in accordance with the Northgate Sewer Lift Station Reimbursement Agreement, as amended on September 7, 2016.
64. The developer shall construct all on-site and off-site sewer facilities necessary to serve the project, subject to reimbursement for over-sizing, as determined by the City.
65. Prior to submission of improvement plans for the first phase of development, a Master Sewer Plan for the development shall be submitted, reviewed, and approved by the City Engineer.
Storm Drainage
66. Final Improvement Plans for the storm drainage system shall utilize the TR-55 analysis method.
67. All development shall comply with the Phase II MS4 storm water regulations.
68. Final Improvement Plans for the storm drainage system shall be submitted to the City and reviewed and approved by the City Engineer prior to issuance of a grading permit.
69. The Developer shall generate a Storm Water Pollution Prevention Plan (SWPPP) for pre and post construction best management practices (BMPs). A Notice of Intent (NOi) shall be submitted and approved prior to construction by the State Department of Water Resources.
Public Safety
70. Fire department requirements for the placement of fire hydrants shall be complete prior to approval of development permits.
71. Fire hydrants shall be installed at locations approved by the City's Fire Chief.
72. The developer, as specified by City development standards, shall install "Blue Dot" fire hydrant locators.
73. Each residence shall have a 6-inch lighted address numbers of contrasting color installed on the front elevations or alternative size as agreed to by developer and Fire Chief.
7 4. The _developer shall comply with the City Fire Codes and regulations subject to Fire Department approval in regards to building requirements, fire hydrant placement, and sprinkler requirements.
75. Fire hydrants (or other methods approved by the Fire Chief) shall be in place and functioning prior to approval of the first residential building permit. Fire hydrants ( or other methods approved by the Fire Chief) shall be operational to the satisfaction of the Fire Chief prior to combustible material being located on the site.
76. Street names shall be approved by the Fire Department. 103
77. Curb cuts along separated sidewalk, Driveways, parking lots, water lines, fire hydrants, and underground utilities shall be completed prior to issuance of building permits.
78. Upon completion and approval of the project plans, an electronic file shall be submitted to the Fire Department providing information on street layout, hydrant locations, water mains, storm drain inlets (i.e. Fire Department pre-planning).
Landscaping
79. All residential lots shall have fully landscaped front yards prior to occupancy of each dwelling. Front yard landscape plans shall be submitted with the development Master Plans prior to building permit issuance and shall be approved by the Public Works Director/City Engineer and Community and Economic Development Director.
80. The developer shall comply with the adopted street tree ordinance.
81. Masonry walls located within the rear yards of lots 16-20 shall be accompanied by a landscape buffer within a 3-foot wide landscape easement dedicated to the City.
The landscape buffer shall be planted and maintained to discourage graffiti.
82. The applicant shall submit landscape and irrigation plans with each phase of the improvement plans for City review and approval of streetscape landscaping.
83. Landscape plans for single-family residences shall utilize drought tolerant plantings for no less than seventy-five (75) percent of front yards. Turf varieties shall be chosen for drought tolerance. Irrigation systems shall be set to minimize water use and spillage onto paved areas.
84. Landscape plans shall be designed in accordance with Title 10, Chapter 2, Water Efficient Landscape Ordinance of the Los Banos Municipal Code.
85. The developer shall cause the landscaping and irrigation improvements to be constructed for each phase prior to the issuance of the 51 % certificate of occupancy within the phase.
86. The developer shall provide a minimum 10 foot wide landscape buffer along Lot 21, extending from the rear of the 6 foot wooden fence to the back of sidewalk on Willmott Road. The landscape buffer shall be located within a 10 foot landscape easement dedicated to the City, and shall be designed to match the existing landscaping of the adjacent residential development to the east. All required landscaping shall be installed and completed prior to acceptance of the public improvements.
Park Land Dedication
87. In accordance with the Los Banos Municipal Code Title 9, Chapter 2, Article 16, the Developer shall dedicate land for park and recreational purposes or pay inlieu fees, or a combination thereof, as determined by the City, with recordation of the first final map. In-lieu fees may be paid per residential unit prior to issuance of each building permit. The amount of land dedication and/ or in-lieu fees shall be determined by the Director of Public Works in accordance with the formulas set forth in Sections 9-2.1604 and 9-2.1606 of the Los Banos Municipal Code and based on the most recent population per household data published by the California Department of Finance and the fair market value per buildable acre established by City Council resolution.
104
Streets, Sidewalks, and Intersections
88. Developer shall construct a six (6) inch curb at the back of all ADA ramps per Cal Trans Standard Case C Ramp.
89. Driveway widths shall comply with City standards.
90. Rolled curb shall be permitted only along front yard driveway frontages. Rolled curb shall not be permitted along side yard frontages, nor within 15 feet on center of a fire hydrant. All remaining curb shall be constructed as six (6) inch vertical curb.
Notice: this approval may contain fees, dedications, reservations or other exactions as defined by the Mitigation Fee Act (Government Code Section 66000 et seq.). This notice triggers the 90 day protest period as provided for by the Mitigation Fee Act. 105
THIS PAGE IS INTENTIONALLY LEFT BLANK
106
LEGEND
EXISTING PROPOSED
""lllOtlN.1£ -@-
F/R£HYDRN<f A f1R:T110UER a--jt
srANlJAR:D WrNHOL£ ----.... ,.____
STORM INLIT
IM1ll0 I.NC - - DfxJ- -
SAN/Wrr5l11£11 --~--
ST()//j/Df/NH - -<:Lm- -
PAD El£VA710N l.§5'1°1
D1RB:T10N OF now _QOJ__
GRAD£ EUYAOON \RtJ.Jj
ORICINAJ. GHOIJND rl'V
~~AND
""""'- /l£TlJRN Wl1II /WiDlr,A/'P.AJIP
TOP OF CURB GRAD£ AT LOT I.IN£ £XTENSJ0N o/A
--@-
N/A
N/A
•
~
--[rr}--
-<TIJ-
---<JnID--- 168.21
..,Q/ll__
\lilUJ
Ml
iiiisiiii;
APN: 428-280-001
TREVINO PIONEER LLC
9.06 ACRES
L../'\.I 11 U I I V
VESTING TENTATIVE TRACT MAP
OVERLAND TRAIL
LOS BANOS, CALIFORNIA I
BEING ALL OF THE REMAINDER AS SHOWN ON OFFICIAL PLAT 83-0P-5 RECORDED 1 JUNE, 2020 , MERCED COUNTY RECORDS, LYING IN A PORTION OF SECTION 13, TOWNSHIP 10 SOUTH, RANGE 10 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE Type text here
CITY OF LOS BANOS, COUNTY OF MERCED, STATE OF CALIFORNIA 2 3
4 5
6 7
8 16 17
~ , I -- 1 ~ MISSION VILLAGE NORTH UNIT NO.
/ 4 / 5 6 7 :s:: BOOK. 59 OP PG. 27-29
,_,. __ ::--B_oo_ i1._
0 Lr:_:_~p:_:._"c~ _-1..r1_-_4o __ _j_ _ _ _J_ _ ~ , __ 3_8 ___ M_.._ r _-R_. _19 _ _ _ ) I MISSION ORM :.___i
j
18 ! 7 ! 6 ! 5 4
MISSION WLLAGE SOUTH 3 2 2
PHASE 54
10 9 8
J
r
- - ,'--- -r--r-.J831f-!,1.0Pt;;;-:.2.,.r-7L _ _J _ _ .,1 _ _ J_ _ _J MISSION WLLAGE SOUTH/ PHASE 38
41 40 39 38 37 36 35
_ STREETS
42 43 44 45 46
50 26 27
---- 24 ---- 33
23 34
22 19 20 35
21 81 or 10
\
\ \
\ \
" " "
26 \
\
\
\
27 \
\ " / "1/ 28
29 ~ / /
, ;/;< ______ 48
MISSION VILLAGE SOUTH ..____
PHASE 3C ..____
82 OP 01 47 ,
I
"✓ 39
J1 I I
I
I
- - _f- - 7 _/_ -
I I
36 I I
I I 1 I
WILLMOTT ROAD
I
-,- - 7 - -T--,- VAL~EYMEAD~ - - , -7- LT __
/ / I / VOL. 37 OP PG. 48 &: 49 / I I
62 I 63 j 64 /
MISSION VILLAGE SOUTH PHASE 2
VOL. 74 OP PGS. 34-39 /
/ 36 I 37 / 38 / 39 / M~~R- 4 J I 42 I 43 I 44
I I I I I I I
M.C.R.
_ _ j_ _T L _ I_
aa I T
I
INDEX
SHEETNO. DESCRIP170N
7 COVER SHEET
2 3
4 HORIZONTAL COHT1IOt. PLAN
CONCEPTUAL GRADING PLAN
CONCEPTUAL tJn/JTY PLAN
OWNER & SUBDMDER SfON£F1ELD HOU£. WC.
92J PACHECO Bllfl., SUIT£ C
LOS BANOS, Q4 u= (209) 826-6200 (PHONE)
(209) 826-6900 (FAX)
COlffAt;T: 7/FFANIE "'1ISIIALL
STATEMENT OF SUBDMDER
(AS REQUESTCD BY crrr or LOS BANOS 1/UNICIPAL C00E. N/1/ClE ,o 4t SECTION 9-2.B()J.) 1) A5SfSSORS PAIICEI. NO. 428-J10--0/1
2) D<IS11N{! ZONINC: R-2 (MBJ/UIA OCNSITY R£S/OENTW.)
J) D<IS11N{! GENEIIAI. PIAN: IIEDIIJII DE:NSTIY RE:s/DENTJAL 4) EROSJON CCWTROI. PER CITY OF LOS BANOS OIIDIIWICES AND STANDARDS. 5) FROl{T YARD D£FTHS AND 8IJlt.DING S£11/ACK UNES PER CITY OF LOS B4N05 ORDINANCES AND STANDARDS.
6) WAml SUPPLY: BY CITY OF LOS 8'1/0S AS SH(1;;N ON THIS 1/N'.
ANTICIPATED WAml DEJIANDS: (SINGlE FAlllY R£S/DENTJAL)
AIG. DAILY D£l/AND • J,JlD GPO/AC. X 5.58 ACRES • 18,804 GPO PEAK HOURLY DCJIAND = J.5 X 16,604 / 1.440 • 45. 71 GP/I 1441". 114.1'.Y +FIRE • 2 X 18,B(H / 1.«o + 2,000 GPU= 2,026 CPI/ 7) SEWACC DISPOSAL: BY CITY OF WS B4N05 SHOWN ON THJS 11N' Nfl1C/PATED S£WER D£MANDS: (SINGlE FAl/11.Y R£5JD£NT/AJJ AIG. DAILY Fl.OW • 1.725 GPO/ ACR£ X 5.58 ACRES • 9,625 CPD ffAK Fl.OW • 1.7 X 9,625 GPO / 1.440 • 11.36 CPI/
8) STDRII DRAIN4CE: BY CITY or LOS BANOS AS SHOWN ON THIS -- 9) A to' PUBUC vnlfTY EKxNENT SHN.L BE DEDICAml ALONG ALL STR£ET FROl{TAGES. 10) RESTR/C11VF C01£1WITS 1t1 BE SIJ8MITTED AT TH£ TIME or nNAL 11N' (IF ANY). 11) 11?E£ TYP£ AND LOCA710N Sll4I.I. BE DETfRlll/lfD BY C!tY or LOS IWI05:
f2} WAml SUPPI.Y AND SEW.ACE DISPOSAL SHAU. BE COIJPU£D WITH AS PER ARTJCt.£ 6 OF 1111.E 9 or TH£ MUNICIPAL CODE.
fJ) ALL WPROVENENTS .wJ PU8LlC FACltmES WILL BE INSTALIED OR CONSTRUCTCD AT THE 111/E OF DEID.OPUENT. ALL /1/PROVDIENTS SHN.L BE CONSTRUCTCD IN C()J,fPLJANCE WITH AKTICl.£S 4 AND 5 OF 1111.E 9 OF TH£ MUNICIPAL CODE; R£GULA110NS AND STANDARDS. f4) 0£1£1.0PER RESERVES TH£ RIGHT 1l1 SEU LOTS ONLY.
f5) THE SVBDMDER HEREBY R£SERl£S TH£ RIGHT ro FIL£ IIVLTlPlE SJ.l8DMSJON UAPS AS SU FOlrTH BY TH£ SlJBDMSJON 11N' ACT, ARTJCt.£ I, SECTION 66456.1. f6) TH£ SRC IS CEJIEIIAI.LY FUT WITH o~:-,x SI.OP£
1JQJI$;_
f) ALL wrus AND SEP1/C TANKS ro BE ABANDONED PER J,f£RCg) COUNTY HEALTH /XPAHTIJENT STANDNIDS.
2) NO AR£4S SIJB./£t;T ro JNUNOATJON BY THE 1X ANNUAL CHANCE strJRIJ. :S) NO smucnJRES PR£SENTLY EXIST ON S1T£
4) TarAL ARCA or 1115 SUBDMSJ0N IS 7.8 ACIIF:S% COl(T,JNJNG 50 u,r.;_ 5) THE NET ACREAGE or THIS SIJ8DMSJON IS 5.58± Al'llf5. TH£ D£JISITY OF TH£ SUBDMSION JS 8.96 DU/ACR£
APPl1f7VED BY THE PWININC DEPAHTIJElff. CfTY or LOS BNIOS, CALJFORJIIA.
BY:,~----~- ~---- OA1F: ____ _
COIIIIUNff"f d: ECONOU/C DMWPUEHT DIREC1!1R
CO!IWSSION
RmEMl1 BY TH£
RESOLIITION
COI/Jl1Jl/fTY
__
DfVfl.OPJIENT
~
/IIIE.roR TCNTATIVE fQ/1 C1'NFriRIIANCE
TRACT IIAP __
WIii/ ~
.
K:\2092J9 Or,Mrw,c Tro~\f'lorrning\VJSM- VTPM\Overloncl Ttail\01-VTSM_COVER.d•g Ill
Iii
w
:::c
,n
a:
(,)
~
JOBNO
DATE
DRBY
CKBY
SCALE
OF
2092~
11L11L202s
MB
A~S~
SHEET NUMBER
1 4 SHEETS
107
10'
PU[
RW s2·
2· CL re s· 8' 10' ,o· 8' FL s·
SW PAfW.1£l IR4V[L /AN[ IR4VEL /AN£ P#IAJ.LEL SW
P#IIIING PIJIKING
52' TYPICAL STREET SECTION NTS
12·
1-9/16"
SCOR£ MARK •
~ I
~ ?"-. b_
OPTIONAL WHEN PLACED
W/ SUP-FORM MACHINE.
4 1/2" ROLLED CURB NTS
RW ,o·
PUE
2 SPE£/J CUSHIONS PER CITY OF LOS
BANOS STANDARDS
6' HIGH PROPOSED
/JASONFrf WALL
8 ~
:;:
~
:;:
~
"'
~
~
Ii! '° .._"'
°l"
1l
m
:;
:ii
:1!
~
:;:
:.i
84.00'
J J.780 S.F.
84.00'
~ 38 ~ J,780 SE.
~ 39 co J,780 S.F.
4 ,VlmSF.
- ~l!f_ JS.18' 45 00' 45..00' 4.i.00'
lU.oo·
I ~-s- .... . ... _.._ ~ ... -- .. ,,,_ --- .. _ -~--- .., __ , .. ,:,:"a ~ --- eo-'-
45.0{)'
5 J,'180 S.F.
84.00'
7 3,84'SF.
84.06'
8 4.24.J SF.
11 5,oer6S.r.
178.83'
50.00' 45.00' 45.00'
15 ··"" s.r. ~ 14 ~ J,815 S.F. ~ 13 ~ J,91., SF.
SO.OD'
_STREET C
- --~ - __ _,:: S,!_!_ TREET ~---- 8
-- . --- -- -- ·- ~ :.. ,.-- ... -.......... 50.00' :JO.Of)' --..- ·--:----_,.-:r-:. --- ~ - ·.::,-s: .......
50.0()' 66.70'
Tif'PU£ ---- ---
42 8 43 8 g 8 g 5,2'4 S.F. ,i ,4.l()O S.F. ,; "'!!r-r. ;(i .,~ 45 ..;, 46 SJ.JO' so.oo·
50.00'
'">'"" ~ - 4,200 S.F. ll,) .5.907 S.F.
50.00'
50.00'
50.00' 49.a
,,.aa· . ~
~
/~
Mfs.r. /~_
I -
- --~REET 8 ~-~:,i - ~ - -"------- ~
- _!!!1'_1o.:_PU
25 1,J88 SF.
~ · _ -::.., -., ~ -~
'
26 ~ 27 4,943 S.F. :;; 1.6117S.F.
SJ.11' 81.42'
17J.96'
24 7.6J6 S..F.
'"-50'
23 5,965 S.F.
107.~-
22 ~002 s.r.
95.67' 13.J(}'
21 ~
5.514 SF. :;j
711.87'
35 5,8@ S.F. J4 10,:145 5.F.
....... ....... .......
-...... .......
MISSIQN VILLA
Pff.4SE
82-
11't7'45"W 75.15'
--- --- --- ---
"
MISSION VILLAGE
SOUTH PHASE/ 38
81-0P-ld. I
I
\
\
\
"
" " St9'J9'Jt"W IU. 16' " ".
"
"
\
\
J<:\209239 Overlond Troil\Plcming\Vi'SM-Vll'M\Om!and Troil\02.....HIRZ.dwg z
:s ;i
A. 5?
-I i -I !i 0 c
~ I
~ I!
t- Ii!
8 C ~
!
z
:s ,n -I CJ
~ !i. ~ i II.I z I!! > 0 Cll 0 ~ tll z
~ ; 0
::c
JOB NO 2Ql;!239
DAlE 11£11£2025
DRB'I' ' Q<lll'. MK
SCALE AS SHO'NN
SHEET
NUMBER
2 OF 4 8HEETII
108
-··1
Ill 1)1 I
111 1/1 .
1/1 '
111 ,I
111 I·
111
1/
111
I II
11 111
111 1.
I ii
111
111
I I
l h
1!1
lh I I II
111
111
111 111 I I 111
11 11
11 I !
):
~: f
11 I 11
li
11 Ii
11 I
l: I
h
I: I
11 I
11 11 1
~
11 ii
I
I ii (
I
1/
I
(
J ~ I
"'I '-"
~
~ t
~ I )
i
I
I
I
I
I
I
I
34 ----------
(
,,,.
I
/ -- __,...
6' H/G/1 P/10POSEIJ
IIASONHY 11111.L
APN: 428-280-001
TREVINO PIONEER LLC
8.62 ACRES
15 2
J
5 6
7 .Y -ID
49 II
14 IJ 12
J9 J8 Jl J6
_ -l12L STREET Ii_
48 45
I
I 41 _j /
~/
- ;,4'~'
I
,I
MIS5ION VILLAGE 5/fUTH
PHASE 38 I 81-0P-10 /
I
\
\
\ \
\ \
\
\
\
\
\
\
\
\
K:\209239 Omland Troi\Plcming\VTSM-VTPM\C>i~ Trui\Ol_CR.ICE.d'"J 1:11
z
:5
0. C,
z
o
,c
a:
C,
..J
,c
w
~
CJ
z
8 JOB NO 2092)9
DATE 11/11/2025
DRIii' ___ _
CK BY,__..__ __
SCALE AS SHOWN
SHEET
NUMBER
3 OF 4 SHEETS
109
Ill
1)1
11/1
111
111
1/1
111
1/1
1/1
I II
1j1
Ill
I ii
111
111
111
111
111
I II
111
1U1
111
111
111
111 111
111
101
1111
111
1U1
111
I 11
111
111
111
111
111
111
111
111
111
111
111
I 11
111
111
I 11
1!1
111
111
111
111
!11
111
111
111
111
il1
I 11
1l1
1l1
1l1
111
111
I 11
I 11
1/1
/}
::.,#
34 APN: 428-280-001
TREVINO PIONEER LLC
8.62 ACRES
6' HIGH PROPOSED
IIASONKr WALL
WROUGHT IRON £114
SUOE G41l' W/ KNOX BOX
6• HIGH PROPOSED
IIASQNlfY WALL
J
4 5
6 7
8 ,o
11 15 14 7J
ta'PIL --
16 17 18
2 42
I
\®
12 19
3 43 44 45
49 48
26 Jl J6 :15
:14
46 47
27 --- --- 24
---
2J
BB
19 MISSION VILJGE SOIJTH
P~P-38 81-0,-10
\
\
\
\
\
\
\
\
\
/
62 63 64
MISSION VILLAGE SOUTH 'PHASE 2
VOL. ,74 OP PGS. 34-39
M.C.R. I ---L _ -1
\
T -- -- ' \ K:\209239 Overland Trall\Plor111irJ!ii\VTSM-YTPM\Ovl!rland Tra~\04_UT l lTY.dwg
0 z
di
j
A.
...I
~
j::
::::,
...I
C
::::,
Ii:
w
(.)
8 JOB NO 209239
DATE 11
£11 /2025
DR OY
a<ll't'.
"' SCALE AS SHOWN
SHEET
NUMBER
4 OF 4 BHE£Tli
110
Agenda Staff Report
TO: Mayor Amabile & City Council Members
FROM: Soknirorn Than, City Manager
DATE: October 7, 2026
TYPE OF REPORT: Consent Agenda
SUBJECT: Closure of Non-Essential City Offices and Cancellation of January 6, 2027 Regular Council Meeting
______________________________________________________________________ Recommendation:
Approve the closure of non-essential City offices on select days surrounding the Christmas and New Year’s holidays, including closures on Thursday, December 24, 2026 and Thursday, December 31, 2026; and cancellation of the January 6, 2027 regular council meeting.
Background/Discussion
City policy designates Christmas Day and New Year’s Day as paid holidays for City employees. City staff is requesting Council's approval to extend the lobby closure of non-essential departments for one day before the each of the two winter holidays:
Thursday, December 24 and Thursday, December 31. The additional time off will not be compensated by the City, employees are encouraged to use accrued leave for this time off.
Under this proposal, the following City offices would be closed on the designated dates surrounding the holidays:
• 520 J Street (City Hall)
• 945 5th Street (Public Works Administration and Engineering) • 411 Madison Avenue (Public Works Office)
• 645 7th Street (Community Center)
• 1015 F Street (Public Works Yard)
Other City locations, including 1111 G Street (Police Department) and 333 7th Street (Fire Station No. 1), may reduce non-essential staffing levels as long as essential services remain unaffected.
~ LOsBanos
,,~ At the Crossroads of California
111
ITEM 6F
Employees impacted by these closures may use accrued leave balances, such as Vacation or Compensatory Time Off (CTO), in lieu of working on these days. CTO is accrued by overtime-eligible employees in exchange for not receiving cash payment for overtime. Allowing employees to use these hours helps reduce the City’s long-term liability associated with accrued leave balances.
Numerous neighboring cities have adopted annual holiday closures of administrative services during this same period. Jurisdictions such as Gilroy, Morgan Hill, Hollister, Patterson, Newman, Turlock, and Gustine have implemented year-end closures that suspend non-essential administrative functions while preserving emergency services, public safety operations, utilities, and other critical services. These closures generally extend from late December through the first business day following New Year's Day.
Additionally, staff is requesting for Council to allow for cancellation of the regularly scheduled meeting on Wednesday, January 6, 2027.
Fiscal Impact:
The fiscal impact is expected to be neutral to modestly positive depending upon the closure structure ultimately adopted by the City Council.
Potential benefits include:
• Reduced facility operating costs
• Reduced energy consumption
• Reduced custodial needs
• Improved workforce productivity and morale
• More efficient scheduling of employee leave
Reviewed by:
_______________________________
Minerva Moreno, Finance Director
Attachments:
Resolution
112
RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS APPROVING CLOSURE OF
NON-ESSENTIAL CITY OFFICES ON THURSDAY,
DECEMBER 24, 2026 AND THURSDAY,
DECEMBER 31, 2026 AND CANCELING THE
JANUARY 6, 2027 CITY COUNCIL MEETING
WHEREAS, the City of Los Banos recognizes Christmas Day and New Year's Day as official City holidays; and
WHEREAS, employee leave requests historically increase during the period between Christmas and New Year's Day, resulting in reduced staffing levels throughout City departments; and
WHEREAS, temporary closure of non-essential City facilities during this period promotes operational efficiency, supports employee wellness, reduces accrued leave liabilities, and aligns staffing levels with anticipated public demand; and WHEREAS, the City Manager has reviewed staff’s recommendation to close non-essential City offices on select days surrounding the Christmas and New Year’s holidays in December 2026, with affected employees permitted to use accrued leave balances such as Vacation or Compensatory Time Off (CTO); and WHEREAS, essential City services, including police, fire, emergency response, utility operations, and other critical public safety functions, will continue to be provided throughout the holiday period; and
WHEREAS, City staff has recommended closure of non-essential City offices on December 24, 2026 and December 31, 2026, with regular operations resuming on January 4, 2027; and
WHEREAS, because of the holiday closure period, staff further recommends cancellation of the regular City Council meeting scheduled for January 6, 2027.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Los Banos does hereby approve the closure of all non-essential City offices on Thursday, December 24, 2026 and Thursday, December 31, 2026 and cancel the regular City Council meeting scheduled for January 6, 2027.
The foregoing Resolution was introduced at an adjourned 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
113
THIS PAGE IS INTENTIONALLY LEFT BLANK
114
Do not include a footer or page number
Agenda Staff Report
TO: Chairperson and Successor Agency Members
FROM: Minerva Moreno, Finance Director
DATE: October 21, 2026
TYPE OF REPORT: Consent Agenda
SUBJECT: Acceptance of the Audited Financial Statements of the Los Banos Designated Local Authority for the Fiscal Year Ended June 30, 2023 ______________________________________________________________________ Recommendation:
Staff recommends that the Successor Agency adopt a Resolution accepting the audited financial statements of the Los Banos Designated Local Authority, as Successor Agency to the Redevelopment Agency of the City of Los Banos, for the fiscal year ended June 30, 2023, as prepared by Price Paige & Company.
Background:
The Los Banos Designated Local Authority (DLA) was established pursuant to California redevelopment dissolution legislation to serve as the Successor Agency to the former Redevelopment Agency of the City of Los Banos. The DLA is responsible for winding down the affairs of the former redevelopment agency, making payments on enforceable obligations, disposing of remaining assets, and remitting excess funds to taxing entities as required by State law.
State law requires successor agencies and designated local authorities to prepare annual financial statements and obtain an independent audit. The DLA engaged Price Paige & Company, Certified Public Accountants, to perform the audit of the financial statements for the fiscal year ended June 30, 2023
Discussion:
Price Paige & Company completed its audit and issued an unmodified, or "clean," opinion on the DLA's financial statements. The auditor concluded that the financial statements fairly present the fiduciary net position of the DLA as of June 30, 2023, and the changes LOsBanos
At the Crossroads of California
115
ITEM 6G
Formatting instructions: 1” margins and use Arial 12 pt for the font Do not include a footer or page number
in fiduciary net position for the year then ended in accordance with generally accepted accounting principles.
The auditors also reported:
• No significant difficulties were encountered in performing the audit. • No disagreements with management arose during the audit process. • Management corrected all identified audit adjustments and none were considered material to the financial statements as a whole.
• No findings were reported related to the significant audit risks of management override of controls or improper revenue recognition.
• No instances of fraud, noncompliance, or material deficiencies were identified or reported by management.
Financial highlights for the fiscal year ended June 30, 2023 include:
• Total assets of approximately $1.36 million.
• Cash and investments totaling approximately $1.28 million. • Property tax revenue of approximately $2.16 million.
• Total deductions and expenditures of approximately $829,590. • An increase in fiduciary net position of approximately $1.33 million during the fiscal year.
• Outstanding 2014 Tax Allocation Refunding Bond obligations totaling approximately $17.78 million at June 30, 2023.
The audit communication letter demonstrates that the DLA's financial disclosures were found to be neutral, consistent, and clear, and that the auditors identified no matters requiring the Governing Board's corrective action.
Acceptance of the audit fulfills the DLA's responsibility to receive and review the independently audited financial statements and provides transparency regarding the DLA's financial condition and activities
Fiscal Impact:
Acceptance of the audited financial statements has no direct fiscal impact. The audit has been completed and associated professional service costs have been paid or budgeted within the DLA's administrative operations.
Reviewed by:
______________________________
Soknirorn Than, City Manager
116
Formatting instructions: 1” margins and use Arial 12 pt for the font Do not include a footer or page number
Attachments:
1. Resolution
2. Los Banos Designated Local Authority Financial Statements ending June 30, 2023 and 2022
3. Audit Committee Letter 2023
117
THIS PAGE IS INTENTIONALLY LEFT BLANK
118
RESOLUTION NO. 2026-3
A RESOLUTION OF THE SUCCESSOR AGENCY
TO THE FORMER LOS BANOS
REDEVELOPMENT AGENCY ACCEPTING THE
LOS BANOS DESIGNATED LOCAL AUTHORITY
AUDITED FINANCIAL STATEMENTS FOR
FISCAL YEAR ENDED JUNE 30, 2023
WHEREAS, the Los Banos Designated Local Authority, as Successor Agency to the Redevelopment Agency of the City of Los Banos, is responsible for winding down the affairs of the former redevelopment agency pursuant to applicable provisions of the California Health and Safety Code; and WHEREAS, the DLA prepared financial statements for the fiscal year ended June 30, 2023; and
WHEREAS, Price Paige & Company, Certified Public Accountants, conducted an independent audit of those financial statements and issued an unmodified opinion stating that the financial statements present fairly, in all material respects, the fiduciary net position of the DLA as of June 30, 2023, and the changes in fiduciary net position for the year then ended in accordance with generally accepted accounting principles; and
WHEREAS, the Successor Agency to the Former Los Banos
Redevelopment Agency has reviewed the audited financial statements and desires to formally accept the audit report.
NOW, THEREFORE, BE IT RESOLVED that the Successor Agency to the Former Los Banos Redevelopment Agency hereby accepts the Los Banos Designated Local Authority Financial Statement for the Year Ended June 30, 2023, as presented by Price Paige & Company.
PASSED, APPROVED AND ADOPTED THIS 7th day of October, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
Chairperson, Successor Agency to the Redevelopment
119
Agency of the City of Los Banos
ATTEST:
________________________________
Successor Agency Secretary
120
The Los Banos Designated Local Authority,
As Successor Agency to the Redevelopment
Agency of the City of Los Banos | Los Banos, CA
Financial Statements
For the Year Ended June 30, 2023
Ii PRICE PAIGE & COMPANY
Certified Public Accountants
121
THE LOS BANOS DESIGNATED LOCAL AUTHORITY, AS SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF LOS BANOS| FOR THE YEAR ENDED JUNE 30, 2023
Financial Statements
TABLE OF CONTENTS
PAGE
Independent Auditor’s Report ............................................................................................................................................ 1 Financial Statements:
Statement of Fiduciary Net Position ............................................................................................................................ 4 Statement of Changes in Fiduciary Net Position .......................................................................................................... 5 Notes to the Financial Statements ................................................................................................................................ 7 122
1 INDEPENDENT AUDITOR’S REPORT
To the Governing Board of the Los Banos Designated Local Authority As Successor Agency to the Redevelopment Agency of the City of Los Banos Los Banos, California
Opinions
We have audited the accompanying financial statements of the Los Banos Designated Local Authority, as Successor Agency to the Redevelopment Agency of the City of Los Banos (the DLA), as of and for the year ended June 30, 2023, and the related notes to the financial statements, which collectively comprise the DLA’s financial statements as listed in the table of contents.
In our opinion, the financial statements referred to above present fairly, in all material respects, the respective fiduciary net position of the DLA as of June 30, 2023, and the respective changes in fiduciary net position for the year then ended in accordance with accounting principles generally accepted in the United States of America.
Basis for Opinions
We conducted our audit in accordance with auditing standards generally accepted in the United States of America. Our responsibilities under those standards are further described in the Auditor’s Responsibilities for the Audit of the Financial Statements section of our report. We are required to be independent of the DLA, and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements relating to our audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions.
Responsibilities of Management for the Financial Statements Management is responsible for the preparation and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America, and for the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error.
In preparing the financial statements, management is required to evaluate whether there are conditions or events, considered in the aggregate, that raise substantial doubt about the DLA’s ability to continue as a going concern for twelve months beyond the financial statement date, including any currently known information that may raise substantial doubt shortly thereafter.
~ PRICE PAIGE & COMPANY
Certified Public Accountants
The Place to Be
570 N . Magnolia Avenue, Suite I 00
Clovis, CA 9361 I
www.ppc.cpa
tel 559.299.9540
fax 559.299.2344
123
2 Auditor’s Responsibilities for the Audit of the Financial Statements Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditor’s report that includes our opinions.
Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with generally accepted auditing standards will always detect a material misstatement when it exists. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Misstatements are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment made by a reasonable user based on the financial statements.
In performing an audit in accordance with generally accepted auditing standards, we:
Exercise professional judgment and maintain professional skepticism throughout the audit. Identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the amounts and disclosures in the financial statements. Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the DLA’s internal control. Accordingly, no such opinion is expressed. Evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluate the overall presentation of the financial statements. Conclude whether, in our judgment, there are conditions or events, considered in the aggregate, that raise substantial doubt about the DLA’s ability to continue as a going concern for a reasonable period of time.
We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit, significant audit findings, and certain internal control-related matters that we identified during the audit.
Required Supplementary Information
Management has omitted the management’s discussion and analysis that accounting principles generally accepted in the United States of America require to be presented to supplement the financial statements. Such missing information, although not a part of the financial statements, is required by the Governmental Accounting Standards Board, who considers it to be an essential part of financial reporting for placing the financial statements in an appropriate operational, economic, or historical context. Our opinions on the financial statements are not affected by this missing information.
Clovis, California
September 1, 2026
124
3 FINANCIAL STATEMENTS
125
THE LOS BANOS DESIGNATED LOCAL AUTHORITY, AS SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF LOS BANOS| JUNE 30, 2023
Statement of Fiduciary Net Position
The notes to the financial statements are an integral part of this statement. 4 ASSETS
Current assets:
Cash and investments $ 1,279,962
Total current assets 1,279,962
Non-current assets:
Loans 84,245
Total non-current assets 84,245
Total assets 1,364,207
LIABILITIES
Current liabilities:
Accounts payable 3,581
264,220
Long-term debt - due in one year 1,136,830
Total current liabilities 1,404,631
Noncurrent liabilities:
Long-term debt - due in more than one year 16,646,183
Total non-current liabilities 16,646,183
Total liabilities 18,050,814
NET POSITION
Restricted (16,686,607) $
Interest payable
126
THE LOS BANOS DESIGNATED LOCAL AUTHORITY, AS SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF LOS BANOS| FOR THE YEAR ENDED JUNE 30, 2023
Statement of Changes in Fiduciary Net Position
The notes to the financial statements are an integral part of this statement. 5 ADDITIONS
Property taxes 2,159,653 $
Revenue from use of property 12
Total additions 2,159,665
DEDUCTIONS
Administrative expenses 77,098
Approved obligations 16,000
Interest and fiscal agent expenses 732,908
Loss on disposal of property 3,584
Total deductions 829,590
Net Increase (decrease) in fiduciary net position 1,330,075 Net position (deficit), beginning (18,016,682)
Net position (deficit) - ending (16,686,607) $
127
6 NOTES TO THE FINANCIAL STATEMENTS
128
THE LOS BANOS DESIGNATED LOCAL AUTHORITY, AS SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF LOS BANOS| JUNE 30, 2023
Notes to the Financial Statements
7 The financial statements of the Los Banos Designated Local Authority, as Successor Agency to the Redevelopment Agency of the City of Los Banos (the DLA) have been prepared in conformity with Generally Accepted Accounting Principles (GAAP) as applied to governmental agencies. The Governmental Accounting Standards Board (GASB) is the accepted standard setting body for establishing governmental accounting and financial reporting principles. The more significant of the DLA's accounting policies are described below.
NOTE 1 - REPORTING ENTITY
On December 29, 2011, the California Supreme Court upheld Assembly Bill X1 26 (the “Bill”) that provides for the dissolution of all redevelopment agencies in the State of California. This action caused the former Redevelopment Agency of the City of Los Banos (the Agency) to be dissolved as described herein.
The Bill provides that upon dissolution of a redevelopment agency, either the city or another unit of local government will serve as the “Successor Agency” to hold the assets until they are distributed to other units of state and local government.
The City Council of the City of Los Banos (the City) declined to become the Successor Agency of the former redevelopment agency in accordance with the Bill. The City Council did not elect to retain the housing assets and functions previously performed by the former Agency pursuant to section 34176(a)(1) of the California Health and Safety Code.
As a result of the City’s election not to become the successor agency under the Bill, a Designated Local Authority (“DLA”) was formed by operation of law pursuant to Health & Safety Code Section 34173(d)(3) to serve as the Successor Agency to the Agency.
After the enactment of the law, which occurred on June 28, 2011, redevelopment agencies in the State of California cannot enter into new projects, obligations, or commitments. Subject to the control of a newly established oversight board, remaining assets can only be used to pay enforceable obligations in existence at the date of dissolution (including the completion of any unfinished projects that were subject to legally enforceable contractual commitments).
In future fiscal years, successor agencies will only be allocated revenue in the amount that is necessary to pay the estimated annual installment payments on enforceable obligations of the former redevelopment agency until all enforceable obligations of the prior redevelopment agency have been paid in full and all assets have been liquidated.
The Bill directs the Department of Finance and State Controller of the State of California to review the propriety of any transfers of assets between redevelopment agencies and other public bodies that occurred after January 1, 2011. If the public body that received such transfers is not contractually committed to a third party for the expenditure or encumbrance of those assets, the State Controller is required to order the available assets to be transferred to the public body designated as the successor agency by the Bill.
In accordance with the timeline set forth in the Bill (as modified by the California Supreme Court on December 29, 2011) all redevelopment agencies in the State of California were dissolved and ceased to operate as a legal entity as of February 1, 2012.
The DLA was formed by operation of law on February 1, 2012. The Governor appointed three (3) residents of Merced County to serve as the governing board of the DLA. The DLA members serve as the governing body of the Successor Agency and exercise all rights, powers, duties, and privileges of the Successor Agency. The primary purpose of the Successor Agency is to wind down the affairs of the dissolved Agency and to, among other things, make payments due for enforceable obligations, perform obligations required pursuant to any enforceable obligation, dispose of all assets of the former Agency, and to remit unencumbered balances of the former Agency, including housing funds, to the Merced County Auditor-controller for distribution to taxing entities.
The DLA is overseen by an AB X1 26 mandated seven-member Oversight Board. The DLA's assets, liabilities and activities are reported in a fiduciary private-purpose trust fund. 129
THE LOS BANOS DESIGNATED LOCAL AUTHORITY, AS SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF LOS BANOS| JUNE 30, 2023
Notes to the Financial Statements
8 NOTE 2 – SUMMARY OF SIGNIFICANT ACCOUNTING POLICES
A. Basis of Presentation
The DLA's accounts are organized in a private-purpose trust fund, which is used to account for the assets, liabilities, additions, and deductions made by the DLA.
B. Measurement Focus
Measurement focus is a term used to describe which transactions are recorded within the financial statements. The DLA's financial statements include the Statement of Fiduciary Net Position and the Statement of Changes in Fiduciary Net Position. The fiduciary financial statements are presented using the economic resources measurement focus. The economic resources measurement focus requires both current and long-term economic resources to be reported in the financial statements.
C. Basis of Accounting
Basis of accounting refers to when revenues and expenses are recognized in the accounts and reported in the financial statements.
The financial statements are presented using the accrual basis of accounting. Under the accrual basis of accounting revenues (additions) are recorded when earned and expenses (deductions) are recorded when a liability is incurred, regardless of the timing of related cash flows. Non-exchange transactions in which the DLA receives value without directly giving equal value in exchange include property taxes. On an accrual basis, revenue from property taxes is recognized in the fiscal year for which the taxes are levied.
D. Cash and Investments
Cash held by the DLA is dedicated to winding up the affairs of the former Agency. Cash and investments are held in a checking account and money market account held by the DLA.
The DLA’s investments are stated at fair value. Fair value is based on quoted market prices as of the valuation date. The gain/loss resulting from valuation is reported as “revenues from use of property” in the Statement of Changes in Fiduciary Net Position.
E. Property Held for Resale
Property held for resale consists of land and project costs relating to property acquired or constructed by the former Agency. The property held for resale is recorded at the lower of cost or estimated net realizable value. 130
THE LOS BANOS DESIGNATED LOCAL AUTHORITY, AS SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF LOS BANOS| JUNE 30, 2023
Notes to the Financial Statements
9 NOTE 2 – SUMMARY OF SIGNIFICANT ACCOUNTING POLICES (Continued) F. Redevelopment Property Tax Trust Fund
The DLA’s primary source of revenue comes from the Redevelopment Property Tax Trust Fund (RPTTF) allocation distributed by the County. Property tax revenues for each Project Area are deposited into the RPTTF, which redistributes each Project Area’s tax increment under specified formulas. The County Auditor administers the RPTTF and disburses twice annually from this fund pass-through payments to affected taxing entities, an amount equal to the total of obligation payments that are required to be paid from tax increment as denoted on the Recognized Obligation Payment Schedule (ROPS). The available disbursements are established in the treasury of the Successor Agencies, less various administrative fees, and other miscellaneous allowances. Any remaining balance is then distributed by the County Auditor back to affected taxing entities under a prescribed method that accounts for pass-through payments. The County Auditor is also responsible for the distributing other monies received from the Successor Agency (from sale of assets, etc.) to the affected taxing entities. Successor agencies in turn will use the amounts deposited into their respective funds for making payments on the principal and interest on loans, and monies advanced to, or indebtedness incurred by the dissolved redevelopment agencies.
G. Use of Estimates
The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect certain reported amounts and disclosures. Accordingly, actual results could differ from those estimates.
NOTE 3 – CASH AND INVESTMENTS
Cash and investments at June 30, 2023 are classified in the accompanying financial statements as follows:
Cash and investments $ 1,279,962
Restricted cash -
Total cash and investments 1,279,962 $
Cash and investments at June 30, 2023 consisted of the following:
Deposits with financial institutions $ 1,270,240
Money market funds 9,722
Total cash and investments 1,279,962 $
131
THE LOS BANOS DESIGNATED LOCAL AUTHORITY, AS SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF LOS BANOS| JUNE 30, 2023
Notes to the Financial Statements
10 NOTE 3 – CASH AND INVESTMENTS (Continued)
A. Risk Disclosures
Interest Rate Risk – This is the risk that changes in market interest rates will adversely affect the fair value of an investment. The longer the maturity of an investment, the greater is the sensitivity of its fair value to changes in market interest rates.
12 Months
or Less Total
Money market funds $ 9,722 $ 9,722
Investments Type
Credit Risk – This is the risk that an issuer of an investment will not fulfill its obligations to the holder of the investment.
This is measured by the assignment of a rating by a nationally recognized statistical rating organization.
Presented in the following table is the minimum rating required by (where applicable) the California Government Code, the DLA’s investment policy or debt agreements, and the actual rating as of June 30, 2022.
Minimum
Total as of Legal
June 30, 2023 Requirement Not Rated
Money market funds $ N/A 9,722 $ 9,722
Investments Type
Custodial Credit Risk –The custodial credit risk for deposits is the risk that in the event of the failure of a depository financial institution, a government will not be able to recover deposits or collateral securities that are held by an outside party. The California Government Code and the DLA’s investment policy do not contain legal or policy requirements that would limit the exposure to custodial credit risk for deposits or investments, other than the following provision for deposits: The California Government Code requires that a financial institution secure deposits made by state or local governmental units by pledging securities in an undivided collateral pool held by a depository regulated under state law (unless so waived by the governmental unit). The market value of the pledged securities in the collateral pool must equal at least 110% of the total amount deposited by the public agencies. California law also allows financial institutions to secure City deposits by pledging first trust deed mortgage notes having a value of 150% of the secured public deposits.
As of June 30, 2023, none of the DLA’s deposits with financial institutions were held in uncollateralized accounts.
The DLA does not have significant separate certificates of deposit or demand accounts held by the fiscal agent that are subject to custodial credit risk disclosure. The custodial credit risk for investments is the risk that in the event of the failure of the counterparty to a transaction, a government will not be able to recover the value of investment or collateral securities that are in the possession of an outside party. The DLA does not have direct investments in securities subject to custodial credit disclosure. For any investments held by the fiscal agent, the fiscal agent selects the investment under the terms of the applicable trust agreement, acquires the investment, and holds the investment on behalf of the reporting government.
132
THE LOS BANOS DESIGNATED LOCAL AUTHORITY, AS SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF LOS BANOS| JUNE 30, 2023
Notes to the Financial Statements
11 NOTE 3 – CASH AND INVESTMENTS (Continued)
A. Risk Disclosures (Continued)
Fair Value Measurements - Investments, including derivative instruments that are not hedging derivatives, are measured at fair value on a recurring basis. Recurring fair value measurements are those that Governmental Accounting Standards Board (GASB) Statements require or permit in the statement of net position at the end of each reporting period. Fair value measurements are categorized based on the valuation inputs used to measure an asset’s fair value: Level 1 investments reflect prices quoted in active markets; Level 2 inputs are significant other observable inputs; Level 3 inputs are significant unobservable inputs. The only investments held by the DLA, money market funds, are not subject to the fair value hierarchy.
NOTE 4 – COMMERCIAL MICRO-ENTERPRISE PROGRAM
The Agency with Merced County Economic Development Corporation (MCEDCO) administers a Micro Enterprise Loan Program for technical assistance in development and implementation of small businesses. Under this program, business owners with incomes below a certain level are eligible to receive low interest loans, secured by deeds of trust, for capital or operations of their businesses. The Micro Enterprise Loan Program also encourages business owners to upgrade, renovate and improve their businesses. Upon approval of the loan, the Agency disburses the funds, and arranges for and collects repayments. As of June 30, 2023, outstanding loans of this program amounted to $84,245.
NOTE 5 – SERAF LOAN
The Former Redevelopment Agency received a loan of $1,360,207 from the low and moderate housing special revenue fund to the capital projects fund for the County supplemental educational revenue augmentation fund (SERAF) in fiscal years 2009-10 and 2010-11. The SERAF loan is owed to the Merced County Housing Authority, as successor agency to the housing functions from the former RDA. The loan will be repaid as permitted by AB1484.
AB1484 was adopted in late June 2012 as clean-up legislation to AB X1 26, modified language relative to repayment of these SERAF loans.
During the 2022 fiscal year, the DLA made a final payment to the Merced Housing Authority. Accordingly, as of June 30, 2023, there is no remaining loan balance.
NOTE 6 – PROPERTY HELD FOR RESALE
During the current fiscal year, the DLA transferred properties held for resale to the City of Los Banos (the City) with a book value of $4,297,089. The only remaining properties held by the DLA, which do not have an estimable book value, are as follows:
Asessor's
Parcel
Number (APN) Property Address
025-053-002 715 2nd Street
081-110-048 No address/Near 715 2nd Street
025-054-006 200-799 H Street
133
THE LOS BANOS DESIGNATED LOCAL AUTHORITY, AS SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF LOS BANOS| JUNE 30, 2023
Notes to the Financial Statements
12 NOTE 7 – LONG-TERM DEBT
Summary of changes in long-term debt transactions for the year ended June 30, 2023 are as follows:
Due in
Balance Balance Due Within More than
6/30/2022 Additions Retirements 6/30/2023 One Year One Year Notes from direct borrowings and
direct placements:
2014 tax allocation refunding bonds 18,872,859 $ - $ (1,089,846) $ 17,783,013 $ 1,136,830 $ 16,646,183 $ Total long-term debt 18,872,859 $ - $ (1,089,846) $ 17,783,013 $ 1,136,830 $ 16,646,183 $ A. 2014 Tax Allocation Refunding Bonds
On December 17, 2014, the Authority issued the 2014 Series A and Series B Tax Allocation Refunding Bonds in the amount of $26,050,699. The purpose is to refund the 2001 Tax Allocation Refunding Bonds, the 2004 Tax Allocation Refunding Bonds and the 2006 Tax Allocation Refunding Bonds. Principal payments are payable semi-annually on March 1 and September 1 and interest is payable semi-annually each March 1 and September 1 through 2035. There is a provision within the bond agreement whereby in the event of default, the principal may be declared immediately due and payable.
The annual debt service requirements for the 2014 $26,050,699 Tax Allocation Refunding Bonds are as follows:
For the Years
Ending June 30, Principal Interest Total
2024 1,136,830 735,208 1,872,038
2025 1,190,466 686,945 1,877,411
2026 1,242,794 636,335 1,879,129
2027 1,296,317 583,649 1,879,966
2028 1,355,955 528,568 1,884,523
2029-2033 7,537,561 1,730,113 9,267,674
2034-2035 255,631 4,023,090 4,278,721
Totals 17,783,013 $ 5,156,449 $ 22,939,462 $
B. Refunded Debt
The Authority issued $26,050,699 of 2014 Series A and Series B Tax Allocation Refunding Bonds to provide resources to purchase U.S. Government and State and Local Government Series securities that were placed in an irrevocable trust for the purpose of generating resources for all future debt service payments on $26,040,000 of refunded debt. As a result, the 2001 Tax Allocation Refunding Bonds, the 2004 Tax Allocation Refunding Bonds and the 2006 Tax Allocation Refunding Bonds are considered to be defeased and the liability has been removed from the statement of fiduciary net position. This advance refunding was undertaken to reduce total debt service payments over the next 21 years by $2,929,403 and resulted in an economic gain of $1,827,430. 134
THE LOS BANOS DESIGNATED LOCAL AUTHORITY, AS SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF LOS BANOS| JUNE 30, 2023
Notes to the Financial Statements
13 NOTE 8 – RISK MANAGEMENT
Pursuant to Health & Safety Code Section 34173(e), the DLA’s liability, acting pursuant to the powers granted by AB X1 26 (as amended to date), is limited to the total sum of property tax revenues it receives pursuant to Part 1.85 of AB X1 26 and the value of assets transferred to it as a successor agency for the former Redevelopment Agency. 135
September 1, 2026
To the Governing Board of
The Los Banos Designated Local Authority
As Successor Agency to the Redevelopment Agency of the City of Los Banos Los Banos, California
We have audited the financial statements of the Los Banos Designated Local Authority, as Successor Agency to the Redevelopment Agency of the City of Los Banos (the DLA) for the year ended June 30, 2023. Professional standards require that we provide you with information about our responsibilities under generally accepted auditing standards as well as certain information related to the planned scope and timing of our audit. We have communicated such information in our engagement letter. Professional standards also require that we communicate to you the following information related to our audit.
Significant Audit Matters
Qualitative Aspects of Accounting Practices
Management is responsible for the selection and use of appropriate accounting policies. The significant accounting policies used by the DLA are described in Note 2 to the financial statements. No new accounting policies were adopted and the application of existing policies was not changed during 2023. We noted no transactions entered into by the DLA during the year for which there is a lack of authoritative guidance or consensus. All significant transactions have been recognized in the financial statements in the proper period.
Accounting estimates are an integral part of the financial statements prepared by management and are based on management’s knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ significantly from those expected. The most sensitive estimate affecting the DLA’s financial statements was:
Management’s estimate of the Corrective Action Clean-Up liability is based on technical evaluations performed by various agencies over the property in question. We evaluated the methods, assumptions, and data used to develop the liability estimate in determining that it is reasonable in relation to the financial statements taken as a whole.
The financial statement disclosures are neutral, consistent, and clear.
Difficulties Encountered in Performing the Audit
We encountered no significant difficulties in dealing with management in performing and completing our audit.
~ PRICE PAIGE & COMPANY
Certified Public Accountants
The Place to Be
570 N . Magnolia Avenue, Suite I 00
Clovis, CA 9361 I
www.ppc.cpa
tel 559.299.9540
fax 559.299.2344
136
Corrected and Uncorrected Misstatements
Professional standards require us to accumulate all known and likely misstatements identified during the audit, other than those that are clearly trivial, and communicate them to the appropriate level of management. Management has corrected all such misstatements. In addition, none of the misstatements detected as a result of audit procedures and corrected by management were material, either individually or in the aggregate, to each opinion unit’s financial statements taken as a whole.
Disagreements with Management
For purposes of this letter, a disagreement with management is a financial accounting, reporting, or auditing matter, whether or not resolved to our satisfaction, that could be significant to the financial statements or the auditor’s report.
We are pleased to report that no such disagreements arose during the course of our audit.
Management Representations
We have requested certain representations from management that are included in the management representation letter.
Management Consultations with Other Independent Accountants In some cases, management may decide to consult with other accountants about auditing and accounting matters, similar to obtaining a “second opinion” on certain situations. If a consultation involves application of an accounting principle to the DLA’s financial statements or a determination of the type of auditor’s opinion that may be expressed on those statements, our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts. To our knowledge, there were no such consultations with other accountants.
Other Audit Findings or Issues
We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management each year prior to retention as the DLA’s auditors. However, these discussions occurred in the normal course of our professional relationship and our responses were not a condition to our retention.
In our audit engagement letter previously provided to you, we communicated the following significant risks of material misstatement (significant risks) as part of our audit planning:
Management override of controls
Improper revenue recognition due to fraud
These risks were addressed within our audit procedures and we have no findings to report related to these risks.
Other Matters
We applied certain limited procedures to required supplementary information (RSI) that supplements the financial statements. Our procedures consisted of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the financial statements, and other knowledge we obtained during our audit of the financial statements. We did not audit the RSI and do not express an opinion or provide any assurance on the RSI.
Restriction on Use
This information is intended solely for the information and use of the Governing Board of Directors and management of The Los Banos Designated Local Authority, as Successor Agency to the Redevelopment Agency of the City of Los Banos and is not intended to be, and should not be, used by anyone other than these specified parties.
Very truly yours,
137
THIS PAGE IS INTENTIONALLY LEFT BLANK
138
Agenda Staff Report
TO: Mayor Amabile & City Council Members
FROM: Soknirorn Than, City Manager
Stacy Souza Elms, Community & Economic Development Director DATE: October 7, 2026
TYPE OF REPORT: Regular Agenda
SUBJECT: Updates and Discussion Regarding Future Regulation of Wireless Telecommunications Facilities
______________________________________________________________________ Recommendation:
Receive staff report and provide direction regarding future policy and city authority as it pertains to wireless telecommunication facilities such as towers and antennas.
Background:
On September 9, 2026, the Planning Commission reviewed and considered Site Plan Review #2026-04 (AT&T Mobility) for the construction of an unmanned wireless telecommunications facility consisting of a 50-foot monopine cellular tower, associated antennas, ground equipment, and backup generator located at 1301 W. Pacheco Boulevard within the Stonecreek Plaza Shopping Center. Following a duly noticed public hearing, the Planning Commission approved the project and adopted the required findings and CEQA exemption.
During the Planning Commission review process, staff received written comments from members of the public. The comments generally expressed concerns regarding potential health effects associated with radio frequency emissions, proximity to residential neighborhoods and schools, visual impacts, and potential effects on property values. Staff reviewed and responded to these comments based on applicable federal, state, and local regulations at the meeting. The Planning Commission ultimately found the project LOsBanos
At the Crossroads of California
139
ITEM 7
consistent with the General Plan, Municipal Code, and applicable development standards and approved the project.
The statutory appeal period for the Planning Commission action has since expired, and the project approval is now final. As a result, the City Council is not being asked to reconsider the AT&T project or revisit the Planning Commission's decision. Rather, the public interest generated by this application has highlighted broader community interest regarding the location of future telecommunications facilities within the City and the extent of local authority over such facilities.
Specifically, residents have raised questions regarding whether future wireless telecommunications facilities should be located near schools, parks, residential neighborhoods, and other community gathering areas. These concerns have prompted discussions regarding whether additional land use policies should be considered through future updates to the City's General Plan and Zoning Code.
It is important to recognize that local authority over telecommunications facilities is limited by federal law. Congress has delegated authority to the Federal Communications Commission (FCC) to establish and enforce radio frequency emission standards for wireless facilities. Local governments may require compliance with FCC standards but generally may not deny or regulate wireless facilities based on concerns regarding radio frequency emissions when a facility complies with applicable FCC regulations. The City's primary authority therefore focuses on land use compatibility, zoning, aesthetics, design standards, screening, setbacks, and facility location policies.
Accordingly, this item is intended to provide the City Council an opportunity to discuss future policy options related to telecommunications infrastructure, including potential General Plan policies, zoning standards, preferred siting locations, and objective development criteria that may guide future telecommunications facility applications while maintaining compliance with applicable federal and state law.
Discussion:
The FCC regulates Radio Frequency (RF) emissions and establishes exposure standards applicable to wireless telecommunications facilities. Under federal law, local governments may not deny or regulate wireless facilities based on RF health concerns when the facility complies with FCC requirements. Additionally, local regulations cannot:
1. Unreasonably discriminate among wireless providers.
2. Effectively prohibit the provision of wireless services.
3. Create regulations that function as a de facto ban on wireless deployment.
Accordingly, any future regulations adopted by the City must be made with careful considerations to address legitimate land use concerns without creating legal conflicts with federal law.
140
Although federal law limits regulation of RF emissions, cities retain authority over local land use matters. These areas include:
• Site selection preferences.
• Zoning district eligibility.
• Stealth and concealment requirements.
• Architectural integration.
• Landscaping and screening.
• Aesthetic standards.
• Height limitations.
• Setbacks.
• Co-location requirements.
• Undergrounding of ancillary equipment where feasible. • Noise and generator standards.
The City may also establish policies encouraging facilities to locate in commercial, industrial, or other non-residential areas where service objectives can be achieved.
To retain such authority, City Council will need to consider updating the current General Plan as well as the zoning code.
1. General Plan Amendment Consideration
As the City begins preparation for future General Plan updates, the City Council may wish to consider whether additional policy guidance is needed regarding the location and design of wireless telecommunications facilities. While federal law limits the City's ability to regulate RF emissions and wireless service deployment, the following policy concepts could be further evaluated and developed as part of a future General Plan amendment process.
1.1.Preferred Siting Locations. The City may consider policies that encourage wireless telecommunications facilities to be located within industrial, business park, utility, transportation, and other employment oriented areas before considering locations near residential neighborhoods, where feasible and consistent with service needs.
1.2.Protection of Community Character. The City may consider policies that encourage telecommunications facilities to be designed and sited in a manner that minimizes visual impacts and preserves the character of surrounding neighborhoods through concealment techniques, architectural integration, landscaping, and other design measures.
1.3.Compatibility with Sensitive Land Uses. The City may consider policies encouraging additional evaluation of facilities proposed near schools, parks, libraries, community centers, residential neighborhoods, and other public gathering spaces to ensure compatibility with surrounding land uses while remaining consistent with federal law.
141
1.4.Use of Existing Infrastructure. The City may consider policies that prioritize colocation on existing towers, utility structures, buildings, and other previously developed sites to reduce the need for new freestanding telecommunications facilities and minimize visual impacts on the community.
Should the City Council desire to pursue any of these policy concepts, staff would return during a future General Plan Amendment process with more detailed policy language, legal analysis, stakeholder outreach, and implementation options for Council consideration.
2. Zoning Ordinance Amendment Consideration
Once the General Plan is amended with the detailed policy language necessary to facilitate these types of developments, the Zoning Ordinance will need to be updated. A comprehensive review of the City's wireless telecommunications regulations will be required to establish clearer expectations for facility placement, design, public engagement, and compatibility with surrounding land uses while maintaining compliance with applicable federal and state laws.
One area that the City Council may consider is the establishment of preferred siting locations for new wireless telecommunications facilities. Future zoning regulations could create a hierarchy that prioritizes co-location on existing towers and structures, as well as locations within industrial, business park, public facility, utility, and transportation corridor areas. Such an approach would encourage the placement of facilities in areas that generally have fewer compatibility concerns while preserving flexibility for providers to address service coverage needs. Any preference framework would need to avoid creating regulations that effectively prohibit wireless service deployment.
The City may also evaluate the use of objective separation and compatibility standards for facilities proposed near residential neighborhoods, schools, parks, childcare facilities, community centers, and other public gathering places. Rather than serving as absolute prohibitions, such standards could establish additional review criteria, design requirements, or siting preferences intended to promote compatibility with surrounding land uses. These standards would need to be carefully crafted to ensure they remain legally defensible and do not conflict with federal telecommunications requirements.
Additional consideration may be given to enhanced aesthetic and design standards that minimize visual impacts and preserve community character. Potential regulations could address facility height, stealth design techniques, architectural integration, equipment screening, landscaping, fencing, lighting, generator placement, and other site design elements. The objective would be to ensure that future telecommunications infrastructure is designed to be as compatible as reasonably possible with surrounding development while recognizing the operational requirements of modern wireless networks.
Fiscal Impact:
142
Any future General Plan or zoning ordinance amendments would require staff time and potential consultant services. Costs can be incorporated into future planning work programs and the General Plan update process.
Council Direction Requested:
Staff requests Council direction regarding:
1. Whether telecommunications infrastructure policies should be included in the upcoming General Plan update.
2. Whether staff should evaluate amendments to the Municipal Code.
3. Whether Council desires analysis of potential location preference and separation standards related to schools, parks, and residential neighborhoods.
Reviewed by:
_______________________________ ______________________________ Mary Lerner, City Attorney Minerva Moreno, Finance Director
143
THIS PAGE IS INTENTIONALLY LEFT BLANK
144
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: Regular Agenda
SUBJECT: Award On-Call Planning Services Contracts
______________________________________________________________________ Recommendation:
That the City Council adopt a Resolution entering into Agreements for On-Call Planning Services with 4LEAF, Inc., JB Anderson Land Use Planning, EMC Planning Group, Inc., Gouveia Engineering, Inc., PlaceWorks, and BKF Engineers to support the Community & Economic Development Department, and authorize the City Manager to execute the Professional Services Agreements.
Discussion:
The City of Los Banos Community & Economic Development Department is responsible for administering planning, environmental review, land use, zoning, and development review activities throughout the City. Due to continued development activity, long-range planning initiatives, environmental review requirements, and the need to maintain high levels of customer service, the City periodically utilizes qualified consulting firms to supplement existing staff resources and provide specialized planning expertise.
To establish a pool of qualified consultants for these services, the City released a Request for Qualifications (RFQ) for On-Call Planning Consulting Services on June 10, 2026, with proposals due on July 1, 2026. The RFQ sought firms capable of providing a broad range of planning services, including development application review, CEQA compliance, environmental analysis, staff report preparation, public hearing support, General Plan and zoning code updates, transportation planning, and other planning-related services.
LOsBanos
At the Crossroads of California
145
ITEM 8
The City received twelve (12) Statements of Qualifications from the following firms:
• 4Creeks
• 4LEAF, Inc.
• BKF
• CSG Consultants
• EMC Planning Group, Inc.
• GHD
• Gouveia Engineering, Inc.
• Interwest Consulting Group, Inc.
• JB Anderson Land Use Planning
• Minagar & Associates, Inc.
• PlaceWorks
• Precision Civil Engineering
Following receipt of the proposals, an evaluation committee reviewed and ranked the submissions based on the criteria established in the RFQ. Evaluation criteria included qualifications and experience, organizational approach, scope of services, staff availability, familiarity with state and federal procedures, and references.
While the RFQ anticipated selecting up to three firms, it also provided the City discretion to determine the final number of firms based on the quality, diversity, and responsiveness of the proposals received. Staff determined that selecting six firms would provide the breadth of expertise and capacity necessary to effectively address the City's current and anticipated planning workload.
Based on the evaluation process, staff recommends awarding on-call planning services contracts to the following six firms:
1. 4LEAF, Inc.
2. BKF
3. EMC Planning Group, Inc.
4. Gouveia Engineering, Inc.
5. JB Anderson Land Use Planning
6. PlaceWorks
These firms demonstrated extensive experience providing planning services to California municipalities, strong technical expertise in land use planning and environmental review, responsiveness to municipal staffing needs, and the ability to provide specialized services necessary to support the City's development review and long-range planning efforts.
Collectively, the recommended firms provide a diverse range of expertise and resources that will allow the City to efficiently address current and future planning workload demands.
Staff recommends entering into Professional Services Agreements with each of the six firms for a term of five (5) years. The agreements will establish the framework for on-call 146
professional services and provide flexibility to utilize consultant resources as needed throughout the contract period. Consistent with the RFQ, services will be assigned through individual Task Orders that define the scope of work, schedule, compensation, and deliverables for each assignment.
During the contract term, planning-related work will be requested based on the City's operational needs and project demands. The Community & Economic Development Director will be authorized to issue and administer Task Orders for specific projects and services. Each Task Order will identify the scope, budget, schedule, and deliverables associated with the requested work.
Fiscal Impact:
Each of the recommended consulting firms has submitted a schedule of rates for professional services. Consultant services will be utilized only as needed and funded through project-specific budgets, development application deposits, grant funding, or other appropriated funding sources. No work will be initiated without an approved Task Order and available funding. Expenditures associated with Task Orders will be included within adopted annual City budgets and applicable project funding sources.
Reviewed by:
_______________________________ _______________________________ Soknirorn Than, City Manager Minerva Moreno, Finance Director Attachments:
1. Resolution Awarding On-Call Planning Services Contracts
2. Sample Professional Services Agreement
3. Sample Task Order Form
4. RFQ for On-Call Planning Consulting Services
147
THIS PAGE IS INTENTIONALLY LEFT BLANK
148
RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS AUTHORIZING THE CITY
MANAGER TO EXECUTE PROFESSIONAL
SERVICE AGREEMENTS AND THE COMMUNITY
AND ECONOMIC DEVELOPMENT DIRECTOR TO
EXECUTE INDIVIDUAL TASK ORDERS WITH
4LEAF, INC., BKF, EMC PLANNING GROUP, INC.,
GOUVEIA ENGINEERING, INC., JB ANDERSON
LAND USE PLANNING, AND PLACEWORKS FOR
ON-CALL PLANNING SERVICES
WHEREAS, the Community and Economic Development Director is responsible for the administration of planning, land use, environmental review, zoning, and development review services for the City of Los Banos; and WHEREAS, the City experiences varying planning workloads and periodically requires specialized professional planning consulting services to supplement City staff resources and provide expertise in development review, environmental compliance, longrange planning, and related planning functions; and WHEREAS, the City issued a Request for Qualifications for On-Call Planning Consulting Services on June 10, 2026, and received twelve Statements of Qualifications from qualified consulting firms on July 1, 2026; and
WHEREAS, City staff evaluated the submitted qualifications in accordance with the selection criteria established in the Request for Qualifications and determined that 4LEAF, Inc., BKF, EMC Planning Group, Inc., Gouveia Engineering, Inc., JB Anderson Land Use Planning, and PlaceWorks possess the qualifications, experience, and resources necessary to provide professional planning services to the City.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos hereby authorizes the City Manager, or designee, to execute Professional Services Agreements with 4LEAF, Inc., BKF, EMC Planning Group, Inc., Gouveia Engineering, Inc., JB Anderson Land Use Planning, and PlaceWorks for On-Call Planning Services, and any related documents necessary to carry out the intent of this Resolution.
BE IT FURTHER RESOLVED that the City Council authorizes the Community and Economic Development Director, or designee, to administer the agreements and execute individual Task Orders in accordance with the terms of the Professional Services Agreements.
149
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
150
SAMPLE
CITY OF LOS BANOS
PROFESSIONAL SERVICES AGREEMENT FOR
ON-CALL PLANNING SERVICES
[INSERT NAME OF CONSULTANT]
This Agreement is made and entered into as of this ___ day of _____, 2026 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 CONSULTANT NAME AND TYPE OF ENTITY] (hereinafter referred to as “Consultant”).
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statues of the State of California.
B. City desires to engage Consultant as an independent contractor to provide professional on-call planning services for specific tasks/projects on short notice as needed to support the City’s Community and Economic Development Department.
C. Consultant possesses the skill, experience, capacity, background, certification and knowledge to provide the services, described in this Agreement.
D. City desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:
1. Term. The term of this Agreement shall commence upon the above written date and shall remain in effect until October 31, 2031, unless terminated earlier as set forth herein.
2. Scope of Services. Services to be performed by Consultant may include the following tasks on an on-call basis upon reasonable notice to Consultant:
a. Provide dedicated planning services for development applications for consideration by the Planning Commission and City Council, including completeness review of application materials, identifying the appropriate CEQA pathway, and staff report preparation.
b. Analyze projects for compliance with the City’s General Plan, Zoning Ordinances, Municipal Code, Airport Land Use Compatibility Plan, Subdivision Map Act, Design Standards Guidelines, applicable specific plans and other policies. c. Transportation Planning
151
• Multi-modal transportation planning
• Traffic and safety analysis, for all modes
• Multimodal transportation modeling, monitoring and forecasting • Transportation Demand Management (TDM) Ordinance/Transportation Management Agency (TMA) management
• Traffic Impact Analysis
• Environmental Studies
• Area-Wide Circulation Plans
• Corridor Studies
• Neighborhood Traffic Impacts
• Policy Analysis
• Master Plan Development
• Strategic Transportation Plans
d. Compiles and analyzes data on economic, social, environmental, and physical factors affecting land use.
e. Meets with developers, engineers, property owners, contractors and other individuals to discuss, advise, explain processes and suggest improvements regarding potential projects, pre-applications, development applications, feasibility analysis, conceptual development plans and code interpretation. f. Ability to write Planning Commission, and City Council staff reports, resolutions, ordinances, conditions of approval, memorandums, public notices and agendas, and give oral presentations.
g. Attend public hearings and community meetings as necessary. h. Environmental Review Services
• Analyze projects for CEQA compliance, prepare environmental determinations and implement associated mitigation and monitoring measures.
• Issue-specific environmental studies (e.g. biological resources, transportation/traffic analysis, cultural and historic resources). • Vehicle Miles Traveled analysis.
• Environmental consulting, including remedial investigations and design, and regulatory compliance.
i. Ability to review projects and provide comments within timelines specified by various regulatory requirements and the City codes (shorter timelines may be required for certain projects).
j. Provide strong emphasis on the project management of multiple projects and competing priorities while maintaining quality, meeting schedules and staying within budget.
k. Answer public inquiries by telephone, mail (electronic and traditional), or in person at a public counter regarding property zoning and/or General Plan land uses, application submittal requirements, etc.
152
l. Facilitation of special projects.
m. Provide services related to the General Plan updates • Project Management
• Review and update various elements of the General Plan • Zoning Code amendment
• Act as the City representative to review and provide oversight on others consultants’ work
2.1. Consultant shall provide such services on an as needed basis when given written instruction to do so by the Community and Economic Development Director, or designee. Consultant shall diligently perform all the services described in the Scope of Services.
2.2. All professional services shall be performed by Consultant or under Consultant's supervision. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional Consultants in accordance with sound professionalpractices.
2.3. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.
3. Administration. The Community and Economic Development Director shall administer this Agreement on behalf of the City. The Community and Economic Development Director, or designee, shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement.
4. Time of Performance. Upon receipt of written Notice to Proceed from the City, Consultant shall perform with due diligence the services requested by the City and agreed on by the Consultant. Time is of the essence in the performance of services under this Agreement and the services shall be performed to completion in a diligent and timely manner. The failure by Consultant to perform the services in a diligent and timely manner may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed.
4.1. 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 contract amendment.
5. Compensation, Allowable Costs, and Payments. City shall pay Consultant for services on a time and expense not-to-exceed basis in accordance with the provisions of this Section based upon the standard hourly rates specified in Consultant’s Cost Proposal 153
dated [INSERT DATE], (Exhibit A). The specified hourly rates shall include direct salary costs, employee benefits, overhead, and fee. Except for annual CPI adjustment the proposed rates are not adjustable for the performance period set forth in this Agreement.
5.1. In addition, Consultant will be reimbursed for incurred (actual) direct costs other than salary costs that are in the cost proposal and identified in the cost proposal and in the executed Task Order.
5.2. Specific projects will be assigned to Consultant through issuance of Task Orders.
5.3. After a project to be performed under this Agreement is identified by the City, the City 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 City 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, 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 the City and Consultant.
5.4. 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 Cost Proposal.
5.5. Reimbursement for transportation and subsistence costs shall not exceed the rates as specified in the approved Cost Proposal.
5.6. When milestone cost estimates are included in the approved Cost Proposal, Consultant shall obtain prior written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such estimate.
5.7. Progress payments for each Task Order will be made monthly in arrears based on services provided and actual costs incurred.
5.8. Consultant shall not commence performance of work or services until this Agreement has been approved by the City, and notification to proceed has been issued by the City's Contract Administrator. No payment will be made prior to approval or for any work performed prior to approval of this Agreement.
5.9. A Task Order is of no force or effect until returned to the City and signed by an authorized representative of the City. No expenditures are authorized on a project and work shall not commence until a Task Order for that project has been executed by the City.
5.10. Consultant will be reimbursed, as promptly as fiscal procedures will permit upon receipt by the City's Contract Administrator of itemized invoices. Separate invoices itemizing all costs are required for all work performed under each Task Order. Invoices shall be submitted no later than 45 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 154
format stipulated for the approved Cost Proposal and shall reference the project titleand Task Order number. Invoices shall be mailed to the City's Contract Administrator at the following address:
City of Los Banos,
Stacy Souza Elms,
Community and Economic Development Director
520 J Street
Los Banos, CA 93635
5.11. 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.
5.12. The total amount payable by the City for an individual Task Order shall not exceed the amount agreed to in the Task Order, unless authorized by contract amendment.
5.13. If the 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.
5.14. Task Orders may not be used to amend this Agreement and may not exceed the scope of work under this Agreement.
5.15. The total amount payable by the City for all Task Orders resulting from this Agreement shall not exceed $300,000 per Fiscal Year. 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.
6. Indemnification. To the fullest extent permitted by law, Consultant shall defend (with counsel acceptable to City), 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, negligence, recklessness, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s Services, 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.
6.1. 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 155
of fault.
7. Insurance. Without limiting Consultant’s indemnification of City, and prior to commencement of work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein.
Insurance certificates must be approved by the City Attorney prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders’ Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City Attorney.
D. Coverage Requirements.
i. Workers’ Compensation Coverage. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance withlimits of at least one million dollars ($1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers. If Consultant has no employees while performing Services under this Agreement, workers’ compensation policy is not required; however, Consultant shall execute a declaration that it has no employees. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence, four million dollars ($4,000,000) general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Consultant’s general liability policies shall be primary and non-contributory, and be endorsed using Insurance Services Office form CG 20 10 to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. For construction contracts, an endorsement providing completed operations to the additional insured, ISO form CG 20 37, is also required.
iii. Automobile Liability Coverage. Consultant shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than two million dollars ($2,000,000) per accident. If Consultant owns no vehicles, this requirement may be met through a nonowned auto endorsement to the CGL policy. iv. Professional Errors and Omissions Insurance. Consultant shall maintain professional liability insurance that insures against professional errors and omissions that 156
may be made in performing the Services to be rendered in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and not less than two million dollars ($2,000,000) in the annual aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement, and Consultant agrees to maintain continuous coverage through a periodno less than three years after completion of the services required by this agreement. The cost of such insurance shall be included in Consultant'sbid.
E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant.
ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant’s operations or services provided to City. Any insurance maintained by City, including any self-insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder.
iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers.
v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non-payment of premium) written notice has been received by City.
7.1. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.
7.2 Consultant shall not allow any subcontractors or sub consultants 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 sub consultants 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 sub consultants.
157
8. Independent Contractor. It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement.
Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services.
8.1. The Consultant shall at all times remain an independent Contractor with respect to the services to be performed under this Agreement and shall be responsible for the payment of Federal and State Employer Withholding Taxes, Unemployment Insurance Taxes, FICA Taxes, Retirement, Life and/or Medical Insurance, and Worker's Compensation Insurance for the employees of the Consultant or any other person performing services under this Agreement. Consultant and its employees are not entitled to the rights or benefits afforded to City's employees, including disability or unemployment insurance, workers' compensation, medical insurance, sick leave, or any other employment benefit. Consultant agrees to indemnify and hold City harmless from any claims, costs, losses, fees, penalties, interest, or damages suffered by City as a result of any claim by any person or entity contrary to the provisions of this Section.
9. Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and/or in accordance with this Agreement and may employ other personnel to perform services contemplated by this Agreement at Consultant’s sole cost and expense.
10. Subcontracting. Nothing contained in this contract or otherwise, shall create any contractual relation between the City and any sub consultant(s), and no subcontract shall relieve Consultant of its responsibilities and obligations hereunder. Consultant agrees to be as fully responsible to the City for the acts and omissions of its sub consultant(s) and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by Consultant. Consultant’s obligation to pay its sub consultant(s) is an independent obligation from the City’s obligation to make payments to the Consultant.
10.1. Consultant shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this contract shall be subcontracted without written authorization by the City’s Contract Administrator.
10.2. Consultant shall pay its sub consultants within ten (10) calendar days from receipt of each payment made to Consultant by the City. 158
10.3. All subcontracts entered into as a result of this contract shall contain all the provisions stipulated in this Agreement to be applicable to sub consultants.
10.4. Any substitution of sub consultant(s) must be approved in writing by City’s Contract Administrator prior to the start of work by the sub consultant(s).
11. Ownership of Documents. All documents, information and materials of any and every type furnished or prepared by the Consultant or any of its subcontractors pursuant to and in the course of performance of this Agreement shall be and remain the sole and exclusive property of the City. Such documents, information and materials shall include but not be limited to all findings, reports, plans, specifications, studies, drawings, estimates, documents, information and data including, but not limited to, electronic media, computer tapes or discs, files, and tapes furnished or prepared or accumulated by the Consultant in performing work under this Agreement, whether completed or in process.
City shall have the sole right to use such documents, materials and information in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such documents, materials and information to City upon prior written request.
11.1. All Documents shall be considered works made for hire and all Documents and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of the City without restriction or limitation upon their use, duplication or dissemination by the City. Consultant shall not obtain or attempt to obtain copyright protection as to any Documents.
11.2. Nothing herein shall constitute or be construed to be any representation by Consultant that the work product is suitable in any way for any other project except the one detailed in this Agreement. Any reuse by City for another project or project location shall be at City's sole risk.
12. Confidentiality. All City information disclosed to Consultant during the course of performance of services under this Agreement shall be treated as confidential and shall not be disclosed to any other persons or parties except as authorized by City, excepting that information which is public record and subject to disclosure pursuant to the Public Records Act, or otherwise required by law. All documents, including drafts, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information, excepting that information which is public record and subject to disclosure pursuant to the Public Records Act, or otherwise required by law.
13. Access to Records. Consultant shall maintain all books, records, documents, accounting ledgers, and similar materials relating to work performed for City under this Agreement on file for at least three (3) years following the date of final payment to Consultant by City. Any duly authorized representative(s) of City shall have access to such records for the purpose of inspection, audit and copying at reasonable times, during 159
Consultant's usual and customary business hours. Consultant shall provide proper facilities to City's representative(s) for access and inspection. Consultant shall be entitled to reasonable compensation for time and expenses relate to such access and inspection activities, which shall be considered to be an additional service to the City, subject tothe provisions of Section 5 hereinabove.
14. Conflict of Interest. Consultant shall disclose any financial, business, or other relationship with the City that may have an impact upon the outcome of this Agreement, or any City project or matter that may arise from services provided under this Agreement.
14.1. Consultant hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this Agreement.
15. Compliance with Laws. Rules. and Regulations. Consultant's signature affixed herein, and dated, shall constitute a certification under penalty of perjury under the laws of the State of California that Consultant has, unless exempt, complied with, the nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Administrative Code, Section 8103.
15.1. During the performance of this Agreement, Consultant and its subconsultants shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. Consultant and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Consultant and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and the 5applicable regulations promulgated there under (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Consultant and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.
15.2. The Consultant shall comply with regulations relative to Title VI (nondiscrimination in federally-assisted programs of the Department of Transportation Title 49 Code of Federal Regulations, Part 21 - Effectuation of Title VI of the 1964 Civil Rights Act). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the state of California shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.
15.3. The Consultant, with regard to the work performed by it during the Agreement shall act in accordance with Title VI. Specifically, the Consultant shall not discriminate on the basis of race, color, national origin, religion, sex, age, or disability in the selection and 160
retention of Subconsultants, including procurement of materials and leases of equipment.
The Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the U.S. DOT's Regulations, including employment practices when the Agreement covers a program whose goal is employment.
15.4. Consultant shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement.
16. Debarment and Suspension Certification. Consultant's signature affixed herein, shall constitute a certification under penalty of perjury under the laws of the State of California, that Consultant has complied with Title 2 CFR, Part 180, "OMS Guidelines to Agencies on Government wide Debarment and Suspension (nonprocurement)", which certifies that he/she or any person associated therewith in the capacity of owner, partner, director, officer, or Administrator, is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and has not been indicated, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. Any exceptions to this certification must be disclosed to the City. Exceptions will not necessarily result in denial of recommendations for award, but will be considered in determining Consultant responsibility. Disclosures must indicate to whom exceptions apply, initiating agency, and dates of action. Exceptions to the Federal Government Excluded Parties List System maintained by the General Services Administration are to be determined by the Federal Highway Administration.
17. Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain a valid Business License from City during the term of this Agreement.
18. Integration; Amendment. This Agreement represents the entire understanding of City and Consultant as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered in it.
This Agreement may not be modified or altered except by amendment in writing sign by both parties. City’s City Manager, or designee, may execute any such amendment on 161
behalf of City.
19. Severability. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of the Agreement shall continue to be in full force and effect.
20. Waiver/Validity. Consultant agrees that waiver by City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver of any other condition of performance under this Agreement. The acceptance by the City of the performance of any work or services by Contractor shall not be deemed to be a waiver of any term or condition of this Agreement.
21. Jurisdiction. City and Consultant agree that the law governing this Agreement shall be that of the State of California. Any suit brought by either party against the other arising out of the performance of this Agreement shall be filed and maintained in the County of Merced.
22. Notice. Any notices required to be given pursuant to this Agreement shall be deemed to have been given by their deposit, postage prepaid, in the United States Postal Service, addressed to the parties as follows:
To City:
Stacy Souza Elms
Community and Economic Development Director
520 J Street
Los Banos, California 93635
To Consultant:
[INSERT NAME AND ADDRESS OF CONSULTANT]
Nothing hereinabove shall prevent either City or Consultant from personally delivering any such notices to the other.
23. Termination. City may, in its sole discretion, terminate this Agreement at any time and for any reason whatsoever by giving written notice of such termination to Consultant. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. In the event of such termination, Consultant shall be entitled to compensation for all services rendered and work performed for City to the date of such termination.
24. Corrective Measures. Consultant will promptly implement any corrective measures required by City regarding the requirements and obligations of this Agreement.
Consultant will be given a reasonable amount of time as determined by the City to 162
implement said corrective measures. Failure of Consultant to implement required corrective measures shall result in immediate termination of this Agreement.
25. Corrections. In addition to the above indemnification obligations, the Consultant shall correct, at its expense, all errors in the work which may be disclosed during the City’s review of the Consultant’s reports, studies, analyses, recommendations, environmental documents, or other work products. Should the Consultant fail to make such correction in a reasonably timely manner, such correction shall be made by the City, and the cost thereof shall be charged to the Consultant. In addition to all other available remedies, the City may deduct the cost of such correction from any retention amount held by the City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction.
26. Acceptance Of Electronic Signatures. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is scanned and delivered via electronic mail.Such electronic mail copies will be treated in all respects as having the same effect as an original signature.
27. Authority. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates set forth below.
[INSERT NAME OF CONSULTANT]
Date: , 2026
[INSERT NAME]
President
CITY OF LOS BANOS, a California
municipal corporation
Date: , 2026
Soknirorn Than,
City Manager
163
ATTEST:
CITY
CLERK
Lucille L. Mallonee, City Clerk
APPROVED AS TO FORM:
Mary Lerner, City Attorney
164
SAMPLE
TASK ORDER
NO. ___________
CONSULTANT:
PROJECT:
THIS TASK ORDER, dated ____________________, 2026, is an addendum to the Professional Services Agreement (“AGREEMENT”) for On-Call Planning Services, dated ____________, between the City of Los Banos (“CITY”) and _______________________ (“CONSULTANT”).
WHEREAS, upon execution, this Task Order shall be considered a part of the AGREEMENT; and WHEREAS, this Task Order establishes the Scope of Work and compensation amounts for OnCall Planning Services and authorizes CONSULTANT to proceed with the project.
NOW, THEREFORE, the parties mutually agree as follows:
Purpose
Scope of Services
Task 1 –
Task 2 –
Task 3 –
Task 4 –
Task 5 –
Assumptions and Exceptions
Schedule
Fee
Services will be provided on a time-and-materials basis for a total amount not to exceed $______ without additional written authorization from the City. Only work performed following City authorization will be billed under this scope.
Any increase in the not-to-exceed amount or material change in scope shall require a written amendment approved by the Community and Economic Development Director prior to performance of the additional work.
165
SAMPLE
TASK ORDER
NO. __________
CITY agrees to compensate CONSULTANT for the required services in accordance with the terms of payment stipulated in the AGREEMENT and this Task Order. The cost for completion of the items of service shall not exceed ___________ Dollars and xx/100s ($_______).
All services associated with this Task Order shall conform to the requirements of the AGREEMENT and this Task Order. The Task Ordershall be completed to the satisfaction of CITY on or before __________.
Except as herein modified, all terms and conditions in the AGREEMENT remain unchanged and are in full force and effect.
City of Los Banos, CITY CONSULTANT
By: By:
Stacy Souza Elms
Title: Community & Economic Dev. Director Title: President Date: Date:
166
CITY OF LOS BANOS
REQUEST FOR QUALIFICATIONS
FOR
ON-CALL PLANNING CONSULTING SERVICES
Date Released: June 10, 2026
Questions with regard to submission, process, or proposal can be emailed to:
Stacy Souza-Elms
Community & Economic Development Director
[email protected]
Proposals must be received prior to 2:00 p.m. July 1st, 2026 at the office of Lucille Mallonee, City Clerk
City of Los Banos
520 J Street
Los Banos, CA 93635
~ LOsBanos
,,~ AL t1te Cross,·oads of C,difoniia
167
TABLE OF CONTENTS
Request for Qualifications
On-Call Planning Services
Request for Qualifications.............................................................................. 3 Project Description and Background.............................................................. 5 Scope of Services.......................................................................................... 5 Purpose of Work
Task Orders
General Personnel Requirements
Deliverables
Schedule
Method of Payment
Materials to Be Provided by the Consultant
Appendix A: Submittal Requirements........................................................... 10 Appendix B: Proposal Evaluation................................................................. 13 Appendix C: Sample Contract Agreement.................................................... 17 168
City of Los Banos Request for Qualifications
On-Call Planning Consulting Services Page 3
REQUEST FOR QUALIFICATIONS
ON-CALL PLANNING CONSULTING SERVICES
The City of Los Banos (CITY) is seeking qualified planning consulting firms to provide On-Call Planning Consulting Services for a variety of City projects. The response to this solicitation will be in the form of a Statement of Qualifications (SOQ).
The CITY intends to select up to three (3) firms for the requested services; however, the exact number will be determined depending on the quality, diversity and responsiveness of the SOQ’s received. Total amount payable to the Consultant shall not exceed $300,000.00 for a contract performance period not to exceed 5 years including any amendments.
The Consultant’s SOQs will be evaluated and ranked according to the criteria provided in Appendix B, “Proposal Evaluation,” of this RFQ.
Addenda to this RFQ, if issued, will be posted on the CITY’S website at:
https://losbanos.org/category/bids-rfps-and-rfqs/
It shall be the Consultant’s responsibility to contact the CITY to obtain any addenda that may be issued. The Consultant’s attention is directed to Appendix A, “Submittal Requirements.” Submit five (5) hard copies and one (1) electronic copy in PDF format on a USB flash drive of the Consultant’s SOQs. The hard copies and USB flash drive shall be received by the City of Los Banos, 520 J Street, Los Banos, CA 93635 prior to 2:00 P.M., Pacific Daylight Savings Time (PDT) on July 1, 2026. SOQs shall be submitted in a sealed package clearly marked “ON-CALL PLANNING CONSULTING SERVICES” and addressed as follows:
City of Los Banos
Attention: Lucille Mallonee, City Clerk
520 J Street
Los Banos, CA 93635
Submittals received after the time and date specified above will be considered nonresponsive and will be returned to the Consultant.
Any proposals received prior to the time and date specified above may be withdrawn or modified by written request of the Consultant. To be considered, however, the modified submittal must be received prior to 2:00 P.M., July 1, 2026.
Any questions related to this RFQ shall be submitted in writing to the attention of Stacy Souza Elms, via email at [email protected] . Questions shall be submitted before 5:00 PM on June 22, 2026.
No oral questions or inquires about the RFQ shall be accepted. 169
City of Los Banos Request for Qualifications
On-Call Planning Consulting Services Page 4
Unsigned submittals or submittals signed by an individual not authorized to bind the prospective Consultant will be considered nonresponsive and rejected.
Upon review of submitted proposals, the Selection Committee will determine whether interviews are necessary to determine a Consultant selection. The CITY reserves the right to hold interviews or make a Consultant selection based solely on the Statement of Qualifications received.
This RFQ does not commit the City of Los Banos to award a contract, to pay any costs incurred in the preparation of a proposal for this request, or to procure or contract for services. The City of Los Banos reserves the right to accept or reject any or all SOQs received as a result of this request, to negotiate with any qualified Consultant, or to modify or cancel in part or in its entirety the RFQ if it is in the best interests of the City of Los Banos to do so.
The City also reserves the right and intends to award three contracts resulting from this RFQ.
Furthermore, a contract award may not be made based solely on price.
The prospective Consultant is advised that should this RFQ result in recommendation for award of a contract, the contract will not be in force until it is approved and fully executed by the City of Los Banos.
All products used or developed in the execution of any contract resulting from this RFQ will remain in the public domain at the completion of the contract.
The anticipated Consultant selection schedule is as follows:
Deadline to Submit Questions: 5:00 PM 6/22/2026
SOQ Due Date : 2:00 PM 7/1/2026
SOQ review and evaluation: 7/6/2026-7/17/2026
Oral interviews (if applicable): 7/20/2026-7/24/2026
Consultant Ranking and Cost Negotiation: 7/27/2026
Contract Award: 8/5/2026
170
City of Los Banos Request for Qualifications
On-Call Planning Consulting Services Page 5
PROJECT DESCRIPTION AND BACKGROUND
The City of Los Banos (City) will select qualified consulting firms to provide on-call planning consulting services. The consultant shall have the ability to provide in-house services, or the capacity to sublet for services associated with one or more proposed projects, including but not limited to: general planningrelated development and land use project review, site visits, environmental determinations, technical plan check for planning documents and plans, map review, conformance with Federal, State and local regulations, particularly the California Environmental Quality Act (CEQA) and general compliance with City Standards, Ordinances, and Regulations.
The solicitation is not for specific projects, but for specific services. The services are to be rendered for the duration of the contract term. Task Orders will be issued for specific projects. The CITY does not guarantee a specific dollar amount or number of projects to be awarded under this contract.
SCOPE OF SERVICES
PURPOSE OF WORK AND REQUIRED SERVICES
The consultant shall only perform work that is assigned in an authorized Task Order. This Contract does not guarantee that a Task Order shall be issued. The consultant may provide services to the City including, but not limited to, the following:
• Provide dedicated planning services for development applications for consideration by the Planning Commission and City Council, including completeness review of application materials, identifying the appropriate CEQA pathway, and staff report preparation. • Analyze projects for compliance with the City’s General Plan, Zoning Ordinances, Municipal Code, Airport Land Use Compatibility Plan, Subdivision Map Act, Design Standards Guidelines, applicable specific plans and other policies.
• Transportation Planning
o Multi-modal transportation planning
o Traffic and safety analysis, for all modes
o Multimodal transportation modeling, monitoring and forecasting o Transportation Demand Management (TDM) Ordinance/Transportation Management Agency (TMA) management
o Traffic Impact Analysis
o Environmental Studies
o Area-Wide Circulation Plans
o Corridor Studies
o Neighborhood Traffic Impacts
o Policy Analysis
o Master Plan Development
o Strategic Transportation Plans
• Compiles and analyzes data on economic, social, environmental, and physical factors affecting land use.
• Meets with developers, engineers, property owners, contractors and other individuals to discuss, advise, explain processes and suggest improvements regarding potential projects, preapplications, development applications, feasibility analysis, conceptual development plans and code interpretation;
• Ability to write Planning Commission, and City Council staff reports, resolutions, ordinances, conditions of approval, memorandums, public notices and agendas, and give oral presentations. • Attend public hearings and community meetings as necessary. 171
City of Los Banos Request for Qualifications
On-Call Planning Consulting Services Page 6
• Environmental Review Services
o Analyze projects for CEQA compliance, prepare environmental determinations and implement associated mitigation and monitoring measures. o Issue-specific environmental studies (e.g. biological resources, transportation/traffic analysis, cultural and historic resources).
o Vehicle Miles Traveled analysis.
o Environmental consulting, including remedial investigations and design, and regulatory compliance.
• Ability to review projects and provide comments within timelines specified by various regulatory requirements and the City codes (shorter timelines may be required for certain projects). • Provide strong emphasis on the project management of multiple projects and competing priorities while maintaining quality, meeting schedules and staying within budget. • Answer public inquiries by telephone, mail (electronic and traditional), or in person at a public counter regarding property zoning and/or General Plan land uses, application submittal requirements, etc.
• Facilitation of special projects.
• Provide services related to the General Plan updates
o Project Management
o Review and update various elements of the General Plan o Zoning Code amendment
o Act as the City representative to review and provide oversight on others consultants’ work
TASK ORDERS
All work performed under this contract will require approval by the City Contract Administrator and issued through a Task Order. A task orders shall be requested from the consultant to identify and refine the scope of services prior to the City issuing the task order. The task order shall identify and refine the scope of services for any specific project. The task order shall detail the tasks required for particular projects, schedule, and projected costs. The costs will be based on the specified rates of compensation in the contract. The Contract Administrator shall confer with the consultant to establish the maximum fee, including expenses, for the specific project and the completion date.
Pursuant to an authorized Task Order, the Consultant shall provide on-call planning consulting services and all necessary personnel, transportation, lodging, tools, instruments, materials, supplies, and the specialized facilities and equipment necessary to satisfy all appropriate agencies and required to ensure compliance with all applicable Federal, State, and Local statutes, laws, codes, regulations, policies, procedures, ordinances, standards, specifications, performance standards, and guidelines, applicable to the Consultant's services and work product.
The Consultant is responsible for supplying and providing all necessary equipment and protective clothing in accordance with City standards.
The potential projects may vary in scope and size. The project location, project limits, purpose, expected results, project deliverables, period of performance, project schedule, and scope of work to be performed shall be described in each Task Order.
The Consultant shall only perform work that is assigned in an authorized Task Order. Work shall not begin until the Task Order has been approved by the Contract Administrator. Some work, however, may require Consultant personnel to mobilize within 24-hour of notifications. Once the work begins, the work shall be performed diligently until all required work has been completed to the satisfaction of the Contract Administrator. The Consultant may direct its employees to work overtime to meet Task Order schedules at the request of the Contract Administrator. All overtime 172
City of Los Banos Request for Qualifications
On-Call Planning Consulting Services Page 7
shall be pre-approved by the Contract Administrator. Overtime shall be worked only when directed in writing by the Contract Administrator and specifically required by the Task Order, and shall only be paid to persons covered by the Fair Labor Standards Act. The City of Los Banos shall not reimburse the Consultant for per diem costs, unless preapproved by the Contract Administrator.
The Consultant shall maintain a set of project files that shall be provided to the City upon request.
The Consultant shall have the ability to respond in a timely and cost-efficient manner to City requests.
GENERAL PERSONNEL REQUIREMENTS
The Consultant’s personnel shall be capable, competent, and experienced in performing the types of work in this Contract with minimal instruction. Personnel skill level should match the specific job classifications, as set forth herein or in the Consultant’s Cost Proposal and task complexity. The Consultant’s personnel shall be knowledgeable about, and comply with, all applicable Federal, State, and Local laws and regulations.
The Consultant responsible person shall be a qualified professional experienced with the various planning services for federal and state funded projects and shall be currently employed by the Consultant or its Sub-consultants at the time the deliverables are submitted to the City for consideration under the review and acceptance process.
The Consultant is required to submit a written request and obtain the City’s prior written approval for any substitutions, additions, alterations, or modifications to the Consultant’s originally proposed personnel and project organization, as depicted on the proposed Consultant’s Organization Chart or the Consultant’s cost proposals. The substitute personnel shall have the same job classification as set forth herein or in the Consultant’s Cost Proposal not exceed the billing rate, and meet or exceed the qualifications and experience level of the previously assigned personnel, at no additional cost to the City. The substitute personnel shall have significant experience in the work involving a similar project for at a minimum two (2) previous projects, unless otherwise approved by the City’s Contract Administrator.
The Consultant Project Manager shall be a Registered Professional Planner with AICP certification in good standing at all times during the Contract period, to perform the tasks described in this Contract and in the Task Orders and shall have a documented minimum ten (10) years of demonstrated experience acceptable to City in management and delivery of federally and state funded projects for local agencies.
In addition to other specified responsibilities, the Consultant Project Manager shall be responsible for all matters related to the Consultant’s personnel, sub-consultants, and Consultant’s and SubConsultants’ operations including, but not limited to, the following:
a. Ensuring that deliverables are clearly defined, acceptance tested and that criteria are specific, measurable, attainable, realistic and time-bound; and that the deliverables satisfy the acceptance tests and criteria. b. Supervising, reviewing, monitoring, training, and directing the Consultant’s and Sub-Consultants’ personnel.
c. Assigning qualified personnel to complete the required Task Order work in coordination with the City Contract Administrator.
173
City of Los Banos Request for Qualifications
On-Call Planning Consulting Services Page 8
d. Administering personnel actions for Consultant personnel and ensuring appropriate actions taken for Sub-consultant personnel. e. Maintaining and submitting organized project files for record tracking and auditing.
f. Developing, organizing, facilitating, and attending scheduled coordination meetings, and preparation and distribution of meeting minutes.
g. Implementing and maintaining quality control procedures to manage conflicts, ensure product accuracy, and identify critical reviews and milestones.
h. Assuring that all applicable safety measures are in place. i. Providing invoices in a timely manner and providing monthly Contract expenditures. Consultant will need to have the ability to provide billing by project to accommodate City’s deposit-based fee structure. j. Reviewing invoices for accuracy and completion before billing to City. k. Managing Sub-consultants.
l. Managing overall budget for Contract and provide report to the City Contract Administrator.
m. Monitoring and maintaining required DBE involvement. n. Ensuring compliance with the provisions in this Contract and all specific Task Order requirements.
o. Monitor the health and safety of personnel working in a hazardous environment in accordance with all applicable Federal, State, and Local regulations.
p. Provide knowledge, experience, and familiarity Quality Control and Quality Assurance (QC/QA).
q. Possess experience and capability in the review of the test reports within a reasonable time frame of the completion of the tests to avoid delay of the field construction operation.
r. Knowledge, experience, and familiarity with prevailing wage issues and requirements in State of California.
DELIVERABLES
As agreed upon by the CITY and Consultant in a Task Order for each project.
SCHEDULE
As agreed upon by the CITY and Consultant in a Task Order for each project.
METHOD OF PAYMENT
Consultant shall be paid based on specific item of work performed (cost per unit of work) and on the Specific Rates of Compensation for this contract and for the amount as agreed upon by the CITY and Consultant in a Task Order for each project. Consultant shall submit requests for monthly progress payments.
MATERIALS TO BE PROVIDED BY THE CONSULTANT
Unless otherwise specified, the Consultant shall provide all materials to complete the required work in accordance with the delivery schedule and cost estimate outlined in each Task Order. 174
City of Los Banos Request for Qualifications
On-Call Planning Consulting Services Page 10
APPENDIX A – SUBMITTAL REQUIREMENTS
These guidelines are provided for standardizing the preparation and submission of Statement of Qualifications (SOQ’s) by all Consultants. The intent of these guidelines is to assist Consultants in preparation of their qualifications, to simplify the review process, and to help assure consistency in format and content.
SOQ’s shall contain the following information in the order listed:
1. Introductory Letter
The introductory (or transmittal) letter shall be addressed to:
Stacy Souza-Elms
Community & Economic Development Director
520 J Street
Los Banos, CA 93635
The letter shall be on Consultant letterhead and include the Consultant’s contact name, mailing address, telephone number, facsimile number, and email address. The letter will address the Consultant’s understanding of the services being requested and any other pertinent information the Consultant believes should be included. All addendums received must be acknowledged in the transmittal letter.
The letter shall be wet-signed in blue ink by the individual authorized to bind the Consultant to the proposal.
2. Consultant Information, Qualifications & Experience
The CITY will only consider submittals from Consultants that demonstrate they have successfully completed comparable projects. These projects must illustrate the quality, type, and past performance of the project team. Submittals shall include a detailed description of a minimum of five (5) projects within the past three (3) years which include the following information:
1. Contracting agency
2. Contracting agency Project Manager
3. Contracting agency contact information
4. Contract amount
5. Funding source
6. Date of contract
7. Date of completion
8. Consultant Project Manager and contact information
9. Project Objective
10. Project Description
11. Project Outcome
Describe and list demonstrated experience on projects funded by State and/or Federal funds. 175
City of Los Banos Request for Qualifications
On-Call Planning Consulting Services Page 11
3. Organization and Approach
1. Describe the roles and organization of your proposed team for this on-call Planning Services Contract. Indicate the composition of subcontractors and number of project staff, facilities available and experience of your team as it relates to this contract. Provide an organizational chart. Provide list of proposed sub-consultant and their scope of work.
2. Describe your project and management approach.
3. Describe the roles of key individuals on the team. Provide resumes and references for all key team members. Resumes shall show relevant experience, for projects under this contract, as well as the length of employment with the proposing Consultant. Key members, especially the Project Manager, shall have significant demonstrated experience with this type of contract, and should be committed to stay for the duration of the contract.
4. Provide background for the individual serving the over-the-counter planning role, demonstrating proven ability to work directly with applicants, including on contentious or non-approvable projects.
5. Demonstrate that the Consultant’s project manager and project staff have sufficient availability and/or that Consultant has sufficient resources to timely deliver City’s timeconstrained and Federal and State-funded projects.
4. Scope of Work
1. Include a detailed Scope of Work Statement describing all services to be provided.
2. Describe project deliverables for each phase of your work.
3. Describe your cost control and budgeting methodology for projects to be completed under this contract. Confirm that the billing structure will not call for billing of time for regular supervision or staff development by the supervisor over subordinate staff on the project.
5. Conflict of Interest Statement
Throughout the term of the awarded contract, any person, firm or subsidiary thereof who may provide, has provided or is currently providing Planning Services under a contractual relationship with a construction contractor(s), developers, property owners on any City project to be completed under this contract must disclose the contractual relationship, the dates and the nature of the services. The subconsultants shall also disclose any financial or business relationship with the construction contractor(s), developers, property owners who are working on the projects that are assigned for planning services through task orders on the contract.
In addition to the disclosures, the Consultant shall also provide possible mitigation efforts, if any, to eliminate or avoid any actual or perceived conflicts of interest.
The Consultant shall ensure that there is no conflict before providing services to any construction contractor on any of the City projects to be completed under this contract. The submitted documentation will be used for determining potential conflicts of interest. The City will use this documentation to determine whether the firm may work on specific projects.
If a Consultant discovers a conflict during the execution of an assigned task order, the Consultant must immediately notify the Contract Administrator regarding the conflicts of interest. The Contract Administrator may terminate the Task Order involving the conflict of interest and City may obtain the conflicted services in any way allowed by law. Failure by the Consultant to notify the Contract Administrator may be grounds for termination of the contract. 176
City of Los Banos Request for Qualifications
On-Call Planning Consulting Services Page 12
6. Contract Agreement
Indicate if the proposing Consultant has any issues or needed changes to the proposed contract agreement included as Appendix C.
The Consultant shall provide a brief statement affirming that the proposal terms shall remain in effect for ninety (90) days following the date SOQ submittals are due.
A contract will not be awarded to a consultant without an adequate financial management and accounting system as required by 49 CFR Part 18, 48 CFR Part 31, and 2 CFR Part 200.
7. Cost Proposal
In order to assure that the CITY is able to acquire professional services based on the criteria set forth in the Brooks Act and Government Code 4526, the SOQ shall include the Consultant’s Specific Rates of Compensation for this contract. The Consultant’s Specific Rates of Compensation are confidential and shall remain sealed. Upon completion of the Consultant selection process, only the cost proposal from the selected Consultant shall be opened. All other (unopened) cost proposals shall be returned in accordance with Appendix B. 177
THIS PAGE IS INTENTIONALLY LEFT BLANK
178
City of Los Banos Request for Qualifications
On-Call Planning Consulting Services