Agenda packet — Los Banos City Council, October 21, 2026

Los Banos City Council Agenda – October 21, 2026 Page 1 of 5 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 21, 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 21, 2026 Page 2 of 5 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/

COMMUNITY BLESSING

1. CALL TO ORDER – October 21, 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
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. * * * * * * * * * * * * * * * *
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.
2 Los Banos City Council Agenda – October 21, 2026 Page 3 of 5

4. INFORMATIONAL AND PRESENTATION AGENDA ITEMS.

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

A. Certificate of Recognition – Employee of the Month for September 2026 – Elva Mendez, Accounting Technician, Finance Department.

B. New Employee Introductions.

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

C. Proclamation Recognizing Assemblymember Esmeralda Soria for Her Service and Continued Support of the Los Banos Community.

D. Legislative Updates – Assemblymember Esmeralda Soria.

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 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 #260567 – #260779 in the Amount of $4,220,703.64.

Recommendation: Approve the check register as submitted.

B. Minutes for the October 7, 2026 City Council Meeting & Los Banos Successor Agency Meeting.

Recommendation: Approve the minutes as submitted.

C. City Council Resolution No. 7175 – Accepting the Well No. 16 Test Well No. 2 Project as Complete and Authorizing the Filing of a Notice of Completion (NOC) with the Merced County Recorder (Anthony J. Prieto Water Drilling, Inc.).

Recommendation: Adopt the resolution as submitted.

D. City Council Resolution No. 7176 – Amending City Council Resolution No. 6836 Relating to the City’s Conflict of Interest Code.

Recommendation: Adopt the resolution as submitted.
3 pgs. 7-12
pgs. 13-16
pgs. 17-28
pgs. 29-34
pgs. 35-42
Los Banos City Council Agenda – October 21, 2026 Page 4 of 5 E. City Council Resolution No. 7177 – Rejecting all Bids Received for the Purchase of New 2026-2027 Model ¾ Ton Medium Duty Utility Trucks – One (1) or More Vehicles, Up to Twelve (12).

Recommendation: Adopt the resolution as submitted.

F. *Los Banos Successor Agency Resolution No. 2026-4 – Authorizing the City Manager to Execute a Professional Services Agreement with Price Paige & Associates for Auditing Services, in the Proposed Amount of $45,000, for Fiscal Years 2023-24, 2024-25, and 2025-26.

Recommendation: Adopt the resolution as submitted.

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

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

7. REVIEW AND PROVIDE DIRECTION OF THE FISCAL YEAR 2026 – 2027

COMMUNITY BENEFIT GRANT PROGRAM AND AUTHORIZATION TO RELEASE A NOTICE OF FUNDING AVAILABILITY (NOFA).

Recommendation: Receive staff report and direction from the City Council on how to proceed.

8. ECONOMIC DEVELOPMENT STRATEGIC PLAN PRIORITIES AND CITY COUNCIL INPUT.

Recommendation: Receive staff report and direction from the City Council on how to proceed.

9. REVIEW AND PROVIDE DIRECTION ON THE AQUATICS CENTER PRELIMINARY PLANNING AND COMMUNITY SURVEY RESULTS.

Recommendation: Receive staff report and direction from the City Council on how to proceed.

10. 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 Amending Section 4-3.07 of Title 4, Chapter 3 of the Los Banos Municipal Code to Revise Amendment No. 11 to the 2025 California Fire Code Regulating Fireworks. 1) Ordinance No. 1218 – Amending Section 4-3.07 of Title 4, Chapter 3 of the Los Banos Municipal Code to Revise Amendment No. 11 to the 2025 California Fire Code Regulating Fireworks. (First Reading & Introduction) Recommendation: Receive staff report, open public hearing, receive public comment, close the public hearing, waive the first reading, and introduce the ordinance as submitted. 4 pgs. 43-46
pgs. 47-82
pgs. 83-106
pgs. 107-112
pgs. 113-132
pgs. 133-157
Los Banos City Council Agenda – October 21, 2026 Page 5 of 5

11. 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.

12. CITY ATTORNEY REPORT.

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

13. CITY MANAGER REPORT.

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

14. BRIEF CITY COUNCIL MEMBER REPORTS.

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

15. 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 16th day of October 2026 5 THIS PAGE IS INTENTIONALLY LEFT BLANK
6 Certificate of recognition
Presented to

ELVA MENDEZ
Accounting Technician
In recognition of your outstanding performance
and dedicated service to the City of Los Banos and for
being named “Employee of the Month” for September 2026
Awarded October 21, 2026
________________________
Michael S. Amabile, Mayor
LOsBan
At the Crossroads oifC a l" 11ornia Q S
7 ITEM 4A

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8 520 J St. LOS BANOS, CA 93635
TELEPHONE (209) 827-7044 FAX (209) 827-6223
Agenda Staff Report
TO: Mayor Amabile and City Council Members
FROM: Isabel Carlos
Human Resources Director
DATE: October 21, 2026
TYPE OF REPORT: Presentation
SUBJECT: New and Promotional Employee Introductions
The City is committed to recruiting, developing, and retaining a high-quality workforce to serve our community. As part of this commitment, the City regularly introduces and recognizes new hires and recently promoted employees at City Council meetings.

The individuals recognized tonight reflect the City’s ongoing efforts to maintain approved staffing levels, ensure operational continuity, and support employee career development.

The following employees are being recognized for September and October 2026:

Police Department

1. Nereida Ramirez – Admin Clerk II, new hire effective September 16, 2026.

2. Anthony Alvarez – Police Officer, new hire effective October 5, 2026.

Public Works Department

3. Fred Velasquez – Maintenance Worker I, new hire effective October 16, 2026.

Parks and Recreation Department

4. Dono Badillo – Maintenance Worker II, promotional effective September 16, 2026.

Administration Department

5. Emily Coleman – Human Resources Technician I, promotional effective October 1, 2026.

Fire Department

6. Brandon Ulloa – Firefighter, new hire effective September 1, 2026.

7. Joshua Hickman – Firefighter, new hire effective September 3, 2026.

8. Jacob Sawyer – Fire Captain, promotional effective October 16, 2026.

9. Zachary Sawyer – Battalion Chief, promotional effective October 16, 2026.

LOsBanos
At the Crossroads of California
ITEM 4B
9 THIS PAGE IS INTENTIONALLY LEFT BLANK
10 PROCLAMATION RECOGNIZING
Assemblymember Esmeralda soria

APPROVED:
_________________________________
Michael S. Amabile, Mayor
ATTEST:
_____________________________________
Lucille L. Mallonee, City Clerk
WHEREAS, Assemblymember Esmeralda Soria represents California’s 27th Assembly District, including the City of Los Banos, and has worked with local leaders to address the needs and priorities of communities throughout the Central Valley; and
WHEREAS, Assemblymember Soria has maintained a strong partnership with the City of Los Banos, advocating for state resources and support to address critical local needs and infrastructure challenges; and
WHEREAS, the City of Los Banos faces a significant financial challenge as it works to comply with California’s new drinking water standard for hexavalent chromium, commonly known as chromium- 6, including the need to construct treatment facilities for the City’s municipal water system; and WHEREAS, Assemblymember Soria’s advocacy helped secure a $5 million state investment to support construction of a full-scale chromium- 6 treatment facility at Well 9, an important step toward meeting the State’s drinking water requirements while reducing the financial burden on local water customers; and
WHEREAS, this significant investment will help advance the City’s efforts to provide the infrastructure necessary to meet California’s chromium- 6 drinking water standard and represents an important commitment of state resources to the Los Banos community; and WHEREAS, Assemblymember Soria’s continued engagement with the City demonstrates the importance of collaboration between state and local leaders in securing resources and addressing the infrastructure needs of the Los Banos community.

NOW, THEREFORE, BE IT PROCLAIMED, I, Michael S. Amabile, Mayor, and City Council of the City of Los Banos do hereby proclaim and commend Assemblymember Esmeralda Soria for her service and continued support of the Los Banos community and extend our sincere appreciation for her advocacy and efforts to bring critical state resources to Los Banos.

In witness whereof, I have hereunto set my hand and
cause to be affixed the seal of the City of Los Banos, this 21st day of October 2026.

LOsBanos
At the Crossroads of California
11 ITEM 4C

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12 Check Number Payment Date Vendor Payment Amount
260567 10/02/2026 Anabasis LLC 159,462.55
260568 10/02/2026 Apex Annex Health Center, Inc. 400.00 260569 10/02/2026 Manuel Arreola 315.00
260570 10/02/2026 Gregg Avery 55.00
260571 10/02/2026 Best Best & Krieger 6,864.90
260572 10/02/2026 Central Valley Cardiovascular Group Inc. 200.00 260573 10/02/2026 City of Atwater 240.00
260574 10/02/2026 City of Los Banos Utility 97,788.40
260575 10/02/2026 CVCWA 3,790.00
260576 10/02/2026 Mayra A. Hurtado 87.00
260577 10/02/2026 Brian Laguna 95.00
260578 10/02/2026 Robert Lomeli 323.76
260579 10/02/2026 Talan Phoenix Martinez 2,909.00
260580 10/02/2026 Ivan Mendez 236.00
260581 10/02/2026 Nossaman, LLP 8,000.00
260582 10/02/2026 Gerald "Obie" O'Brien 77.14
260583 10/02/2026 Jose Plascencia 185.88
260584 10/02/2026 Arturo Solis 95.00
260585 10/02/2026 Achillion Sports LLC 933.69
260586 10/02/2026 American Water Works Assn 2,826.00
260587 10/02/2026 Animal Damage Management, Inc. 4,736.00 260590 10/02/2026 AT&T 2,176.56
260591 10/02/2026 B Safe Playground Inspection Services, Inc. 900.00 260592 10/02/2026 Dorothy June Baker 228.38
260593 10/02/2026 BlueTriton Brands, Inc. 69.45
260594 10/02/2026 Boot Barn 161.48
260595 10/02/2026 Stericycle Inc 248.54
260596 10/02/2026 BSK Associates 4,302.14
260597 10/02/2026 BWR Tools LLC 90.53
260598 10/02/2026 Callander Associates Landscape Architecture, Inc. 182.45 260599 10/02/2026 Cascade Fire Equipment Company 7,496.79 260600 10/02/2026 Central Sanitary Supply, LLC 1,204.07 260601 10/02/2026 Central Valley Concrete Inc. 1,696.50 260602 10/02/2026 Comcast 108.16
260603 10/02/2026 Copy Shipping Solutions 534.74
260604 10/02/2026 CPS 918.40
260605 10/02/2026 LN Curtis & Sons 1,095.40
260606 10/02/2026 Dos Palos Publishing Company 160.00
260607 10/02/2026 Doane and Hartwig Water Systems, Inc. 1,800.90 260608 10/02/2026 Double D Towing, LLC 175.00
260609 10/02/2026 Electric Drives Inc 19,845.30
260610 10/02/2026 Ethan Conrad 2,208.00
260611 10/02/2026 Flex Technology Group LLC 234.83
260612 10/02/2026 Foster Bros Security Systems Inc. 69.05 260613 10/02/2026 Frasier Irrigation a Div. of Landmark Irrigation 768.13 260614 10/02/2026 Gouveia Engineering Inc. 6,798.28
260615 10/02/2026 Halcyon Creek Inc. 9,973.57
260616 10/02/2026 Hoffman Electronic Systems 106.95
260617 10/02/2026 JB Anderson Land Use Planning 3,132.00 CK # 260567 - 260779 10/21/26 $4,220,703.64
13 ITEM 6A
260618 10/02/2026 Mark Thomas & Company. Inc. 23,903.21 260619 10/02/2026 Tires to you Inc 3,881.88
260620 10/02/2026 OSE 705.79
260621 10/02/2026 David Oliveira 508.75
260624 10/02/2026 O'Reilly Auto Parts 1,196.36
260625 10/02/2026 PG&E Company 23,538.94
260626 10/02/2026 Phoenix Group Information Systems 2,576.00 260627 10/02/2026 Price Paige and Company CPA's LLP 8,145.00 260628 10/02/2026 Provost and Pritchard Engineering, Inc. 41,568.80 260629 10/02/2026 Protech Security & Electronics, Inc. 6,148.52 260630 10/02/2026 Jeremy Rahn 445.88
260631 10/02/2026 Ronny's Inc. 1,900.00
260632 10/02/2026 Save Mart Supermarkets 94.72
260633 10/02/2026 Sherwin Williams Co 275.50
260634 10/02/2026 Robert & Susan Hansen 1,109.25
260635 10/02/2026 Sorensens True Value 1,093.49
260637 10/02/2026 Maria Suarez 350.00
260638 10/02/2026 T-Mobile USA Inc. 638.84
260639 10/02/2026 Tap Master, Inc. 8,295.00
260640 10/02/2026 Technicon Engineering Services, Inc. 1,905.00 260641 10/02/2026 Terryberry Company LLC 158.24
260642 10/02/2026 The Heil CO 238.00
260643 10/02/2026 Thirkettle Corporation 153,437.58
260644 10/02/2026 CalMat Co. 2,893.71
260645 10/02/2026 Underground Service Alert of 3,053.86 260646 10/02/2026 Unique Glass 531.83
260647 10/02/2026 Vestis Group, Inc. 1,314.85
260648 10/02/2026 Verizon Wireless 140.05
260649 10/02/2026 Verizon Wireless 155.92
260650 10/02/2026 West Coast Arborists, Inc. 9,919.00
260651 10/02/2026 Westwood Professional Services, Inc. 3,705.00 260676 10/06/2026 Aflac-Customer Service 215.93
260677 10/06/2026 AFSCME District Council 57 2,216.85
260678 10/06/2026 Employment Development Dept 61.16
260679 10/06/2026 Empower Annuity Ins. Co of America 1,520.26 260680 10/06/2026 Empower Annuity Ins. Co of America 2,742.00 260681 10/06/2026 Franchise Tax Board 226.27
260682 10/06/2026 Los Banos Police Assn 1,815.00
260683 10/06/2026 Los Banos Police Assn. 350.00
260684 10/06/2026 Merced County Sheriff 187.96
260685 10/06/2026 MissionSquare 2,640.44
260686 10/06/2026 MissionSquare 14,062.50
260687 10/06/2026 Nationwide Retirement Solutions 6,374.83 260688 10/06/2026 Professional Fire Fighter of Los Banos Local 4703 647.26 260689 10/06/2026 State Disbursement Unit 1,575.00
260690 10/06/2026 MissionSquare 150.00
260691 10/09/2026 Anabasis LLC 2,928,169.78
260692 10/09/2026 Board of Equalization 2,000.00
260693 10/09/2026 Cal Coating Asphalt, Inc 9,476.01
260694 10/09/2026 Craigo Investments Inc. 2,986.51
260695 10/09/2026 Tim J Law 3,500.00
260696 10/09/2026 Los Banos Golden Age Club, Inc. 6,238.88 260697 10/09/2026 Los Banos High School - Boys Soccer 4,500.00 260698 10/09/2026 Los Banos High School - Girls Soccer 2,500.00 260699 10/09/2026 Christy McCammond 369.72
260700 10/09/2026 PG&E Company 219,280.18
14 260701 10/09/2026 State Water Resources Control Board 131.00 260702 10/09/2026 State Water Resources Control Board 150.00 260703 10/09/2026 Alejandra Torres 231.88
260704 10/09/2026 AAA Business Supplies 132.35
260705 10/09/2026 Access Display Group, Inc. 3,823.05
260706 10/09/2026 A-C Electric Company 2,352.12
260707 10/09/2026 Alves Management, Inc 700.00
260708 10/09/2026 American Sportsman Holdings Co. 13,733.78 260709 10/09/2026 Archer Civil Contruction, LLC 177,025.43 260710 10/09/2026 AT&T 30.33
260711 10/09/2026 Azevedo Electric 2,350.37
260712 10/09/2026 Dorothy June Baker 10.33
260713 10/09/2026 Boot Barn 166.38
260714 10/09/2026 Bound Tree Medical LLC 304.06
260715 10/09/2026 Brinks Inc. 1,297.88
260716 10/09/2026 BSK Associates 1,175.40
260717 10/09/2026 CNA Surety 615.00
260718 10/09/2026 Cascade Fire Equipment Company 209.83 260719 10/09/2026 Clifton Larson Allen LLP 1,905.00
260720 10/09/2026 Clark Pest Control Inc 107.00
260721 10/09/2026 Coffee Break Service Inc. 249.00
260722 10/09/2026 Comcast 289.25
260723 10/09/2026 Copy Shipping Solutions 2,366.72
260724 10/09/2026 CSG Consultants Inc. 840.00
260725 10/09/2026 DBT Transportation Services LLC 5,974.00 260726 10/09/2026 De Lage Landen Public Finance LLC 436.11 260727 10/09/2026 Dos Palos Publishing Company 200.00
260728 10/09/2026 Downtown Decorations, Inc. 1,019.55
260729 10/09/2026 Electric Drives Inc 1,216.93
260730 10/09/2026 Epic Sports Inc 946.09
260731 10/09/2026 Flex Technology Group LLC 57.96
260732 10/09/2026 Food 4 Less 287.04
260733 10/09/2026 Ana Fernandez 250.00
260734 10/09/2026 Fernanda Flores Lopez 550.00
260735 10/09/2026 Government Staffing Services, Inc. 8,960.00 260736 10/09/2026 Granite Construction Inc 2,650.16
260737 10/09/2026 Marline Goularte 50.00
260738 10/09/2026 Halcyon Creek Inc. 2,814.22
260739 10/09/2026 Hi Tech Emergency Vehicle Services, Inc 9,250.64 260740 10/09/2026 Hoffman Electronic Systems 151.95
260741 10/09/2026 Ingraham Trophies 150.52
260742 10/09/2026 JB Anderson Land Use Planning 5,608.50 260743 10/09/2026 JG Nurseries, LLC 259.37
260744 10/09/2026 Lantern & Shield Property Inspections, Inc. 524.00 260745 10/09/2026 Lexipol LLC 9,295.70
260746 10/09/2026 Los Banos Rental Yard Inc 262.31
260747 10/09/2026 Marfab Inc 1.01
260748 10/09/2026 Matson Alarm Co Inc 215.00
260749 10/09/2026 Merced Truck & Trailer Inc 2,226.65
260750 10/09/2026 Napa Auto Parts of Los Banos 45.68
260751 10/09/2026 OSE 712.17
260752 10/09/2026 O'Reilly Auto Parts 716.53
260753 10/09/2026 Jasmine Ortega 150.00
260754 10/09/2026 PG&E Company 50.58
260755 10/09/2026 Purchase Power Inc 3,049.99
260756 10/09/2026 Protech Security & Electronics, Inc. 1,110.00 15 260757 10/09/2026 Razzari Ford 159.19
260758 10/09/2026 Vanessa Roa 350.00
260759 10/09/2026 Magali Rodriguez Ortiz 600.00
260760 10/09/2026 SJVAPCD 168.00
260761 10/09/2026 Safe T Lite of Modesto, Inc. 767.69
260762 10/09/2026 Sherwin Williams Co 24.94
260763 10/09/2026 SHI International Corp 20.18
260764 10/09/2026 Solano Press Books, Inc. 213.05
260765 10/09/2026 Sorensens True Value 1,542.82
260768 10/09/2026 Stantec Consulting Services, Inc. 1,140.00 260769 10/09/2026 3SI Security Systems, Inc. 960.00
260770 10/09/2026 Tractor Supply Credit Plan 318.52
260771 10/09/2026 Tyler Technologies, Inc. 580.00
260772 10/09/2026 United Site Services, Inc. 2,280.42
260773 10/09/2026 Vestis Group, Inc. 433.10
260774 10/09/2026 Vestis 823.97
260775 10/09/2026 Pricila Viramontes 30.00
260776 10/09/2026 West Coast Arborists, Inc. 4,905.00
260777 10/09/2026 Westwood Professional Services, Inc. 2,085.79 260778 10/09/2026 Windecker Inc 56,147.83
260779 10/09/2026 Young's Air Conditioning 3,822.89
Break in check sequence due to the following: Payment Type Check #260588 - #260589 (Manual Void) Regular Checks 182 4,220,703.64 Check #260622 - #260623 (Manual Void) Manual Voids 7
Check #260636 (Manual Void) Voided Checks 0
Check #260652 - #260675 (Utility Billing) 4,220,703.64
Check #260766 - #260767 (Manual Void)
Check #260780 - #260788 (Utility Billing)
16 CITY OF LOS BANOS

CITY COUNCIL MEETING AND

LOS BANOS SUCCESS AGENCY MEETING MINUTES
October 7, 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 6:02 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

NOTICE AND ANNOUNCEMENT OF VACANCIES FOR THE FOLLOWING
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) TWO (2) YEAR TERM AT-LARGE – JANUARY 1, 2027 – DECEMBER 31, 2028, ONE (1) FOUR (4) YEAR TERM IN DISTRICT 2 – JANUARY 1, 2027 – DECEMBER 31, 2030, ONE (1) FOUR (4) YEAR TERM IN DISTRICT 3 – JANUARY 1, 2027 – DECEMBER 31, 2030. City Clerk Mallonee presented the staff report, noting that this is an annual requirement to inform the public of upcoming vacancies on City commissions and committees. Outreach will continue through the City’s website, local newspaper, and other channels to encourage applications and fill the vacancies. City Manager Than clarified that the vacancies will occur as terms expire in December and that all commissions and committees currently maintain a quorum.
17 ITEM 6B
Mayor Amabile invited the public to come forward and speak; no one came forward to speak.

Informational Item only, no action to be taken.

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. CARLOS FLORES raised concerns regarding City transparency, homeless shelter preparations for the upcoming winter, infrastructure maintenance, rising salaries for public officials, employee compensation, and keeping politics out of City decisions. JEFF DELACRUZ, a teacher at Los Banos High School, introduced his government students attending the meeting as part of their coursework and reiterated concerns regarding the traffic signal at Ward and B Street for student safety. BLANCHE JORGE thanked Public Works staff for their prompt assistance with residential water service repairs and praised the City’s animal shelter staff and volunteers for their efforts with feral cat trapping and animal rescue transportation. She also recommended a public presentation on Measure V, road improvements, and Public Works projects. MICHELLE, a 17-year resident, thanked the City for recent road repairs and urged the Council to prioritize ongoing road maintenance and pavement safety as the community grows. Mayor Amabile thanked the speakers and welcomed the students, offering Councilmembers’ participation in classroom visits. No one else came forward to speak and the public forum was closed.

CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Mayor Amabile invited the public to come forward to speak. No one came forward to speak.

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

Check Register for #260217 – #260566 in the Amount of $4,300,041.08; City Council Meeting Minutes for September 16, 2026; 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; 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 18 Contractors Water Authority and Amending the Fiscal Year 2026-2027 Budget; City Council Resolution No. 7171 – Approving and Adopting Final Tract Map No. 2025-01 Overland Trial and Accompanying Subdivision Improvement Agreement (Stonefield Home, Inc.); 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; 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. The motion carried by the following vote: AYES: Chavez, Lewis, LLamas, Mayor Amabile; NOES: None; ABSENT: None.

CELL TOWER DISCUSSION – UPDATES REGARDING FUTURE REGULATION OF WIRELESS TELECOMMUNICATIONS FACILITIES. City Manager Than presented the staff report. Community & Economic Development Director Souza Elms provided additional information, including a PowerPoint presentation regarding the regulation of wireless telecommunications facilities, including potential General Plan policies and Zoning Code amendments addressing facility locations, setbacks, and design standards.

Mayor Amabile invited public to come forward and speak. KATHY BALLARD, Los Banos, questioned whether the proposed monopine tower would realistically resemble a pine tree and requested that notification requirements extend beyond the current 300-foot radius to reach more potentially impacted residents. No other members of the public came forward to speak.

Director Souza Elms responded to the questions raised, noting that notice had been published in the newspaper and shared with LBUSD and Creekside Junior High School.

Mayor Amabile discussed notification distances, future tower applications, and the City’s ability to regulate future facility locations, noting that legally permitted uses under existing designations cannot necessarily be prohibited. He also noted that the General Plan, adopted in 2022, may need to be updated to address emerging issues. Council Member Lewis expressed support for establishing procedures and policies to regulate wireless facilities and mitigate potential impacts. City Manager Than discussed other cell tower locations and the importance of developing objective standards while considering the complexities of land use regulations.

It was the consensus of the City Council to direct staff to pursue amendments to the General Plan regarding wireless telecommunications facilities.

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. Community & Economic Development Director Souza Elms presented the staff report, which included a PowerPoint presentation, recommending approval of on-call planning services 19 agreements with six consulting firms: 4LEAF, Inc., JB Anderson Land Use Planning, EMC Planning Group, Inc., Gouveia Engineering, Inc., PlaceWorks, and BKF Engineers. She explained that the City received 12 statements of qualifications in response to its Request for Qualifications issued June 10, 2026. Although the RFQ anticipated selecting up to three firms, staff recommended six to provide a broader range of expertise and capacity to support development review, environmental compliance, and long-range planning. The agreements would be for five years, with services assigned through individual task orders and funded through applicable project budgets, development deposits, grants, or other appropriated sources.

Mayor Amabile invited the public to come forward and speak. KATHY BALLARD stated that she had previously spoken with a Council Member and the City Manager and questioned the need for the six firms to compete against one another. No other members of the public spoke.

Director Souza Elms responded to the questions raised. City Manager Than added that the selection would also depend on staff availability at each firm. In response to the Mayor’s question, Director Sousa-Elms confirmed there would be no retainer costs.

Council Member Llamas thanked staff for the work on the item and commended the planning. Council Member Chavez noted that the arrangement would provide flexibility and eliminate the need to bring each matter to the Council for approval. Mayor Amabile commented on Director Souza Elms’ role and responsibilities in overseeing Community & Economic Development.

Motion by Chavez, seconded by LLamas to adopt City Council Resolution No. 7173 – Authorizing the City Manager to Execute Professional Service Agreements 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. The motion carried by the following vote: AYES: Chavez, Lewis, LLamas, Mayor Amabile; NOES: None; ABSENT: None.

ASSEMBLY BILL 1572 NONFUNCTIONAL TURF REQUIREMENTS. Parks & Recreation Director Heim presented the staff report, which included a PowerPoint presentation, regarding Assembly Bill 1572 and the prohibition on using potable water to irrigate non-functional turf. City Manager Than explained that the law is a State mandate and that the City has additional time to comply because Los Banos qualifies as a disadvantaged community. Mayor Amabile and City Manager Than discussed the State’s requirements and the permanent nature of the law.

Mayor Amabile invited public comment. KATHY BALLARD asked whether commercial properties would be required to replace existing lawns by January 1, 2028, or whether they would be grandfathered in. She noted that she had already replaced the landscaping at her business to comply with the requirements. BLANCHE GEORGE spoke in support of preserving the recreational and environmental value of basin parks, noting their 20 importance to nearby residents and wildlife. No other members of the public came forward at that time.

City Manager Than explained that commercial property owners must comply by January 1, 2028, and that enforcement is the responsibility of the State. He noted that the City would provide information to affected businesses. Finance Director Moreno added that notices would be sent to commercial water customers. Council Member Chavez asked about turf at City parks, and Director Heim explained how areas would be evaluated for conversion. Council Member Lewis suggested using more permanent materials in public right-of-ways to prevent bark and rock from being displaced into streets. Council Member LLamas asked whether grassy areas could be converted into benches or community gathering spaces. Director Heim responded that such options could be considered on a case-by-case basis. City Manager Than clarified the State’s definition of functional turf.

Informational Item only, no action to be taken.

PUMP TRACK PROJECT CONCEPT REVIEW. Parks & Recreation Director Heim presented the staff report, which included a PowerPoint presentation outlining the proposed pump track project at Meadowlands Basin Park, project background, site selection, the 60% design concept, and estimated costs. Staff recommended proceeding with two asphalt pump track loops and supporting improvements, with fencing as a bid alternate, and seeking direction on the proposed concrete skate park component. The project is budgeted at $775,000, while the current concept is estimated at approximately $950,000.

Mayor Amabile invited the public to come forward and speak; no one came forward to speak.

Mayor Amabile expressed support for the proposal and confirmed with Finance Director Moreno that the project was budgeted. He indicated he would support proceeding without the skate park to stay within budget but felt fencing was important for site security and controlling access. Council Member Lewis questioned whether e-bikes should be prohibited from the facility, citing a recent tour of the canal trail during which an e-bike posed a potential safety concern. Mr. Heim stated that the intent would be to prohibit motorized vehicles, including e-bikes, although enforcement could be challenging. He added that the facility would generally follow park hours of 6:00 a.m. to 10:00 p.m., would not have lighting included in the current budget, and would not be locked. City Manager Than noted that enforcement would fall under the Police Department. Police Chief Reyna stated that enforcement would depend on whether the prohibition was established in the Municipal Code or applicable state law. Council Member Chavez questioned how drainage would be addressed during rainfall and whether staff had reviewed other similar facilities. Mr. Heim explained that drainage had been discussed with the consultant and would likely direct water toward the existing basin. He added that contractor requirements would be established in the bid documents and that proper design and engineering would be essential to the project's success. Council Member Llamas expressed support for including the skate park in the project rather than adding it later, if feasible. He also asked 21 about shade, bicycle racks, and other amenities to make the facility more accommodating for users. Mr. Heim stated that bicycle racks were included in the concept, additional trees were being considered, and shade could be added in the future. He acknowledged that the skate park would be a beneficial amenity and could be included as a bid alternate or considered in a future phase. Council Member Llamas emphasized the importance of accommodating both skateboarders and bicyclists to minimize conflicts and encouraged staff to pursue a complete recreational facility. Mayor Amabile suggested proceeding to bid with the skate park included as an alternate to determine whether the project could be completed within available funding. Mr. Heim explained that the skate park could either be excluded from the design or fully designed and included as a bid alternate. City Manager Than confirmed that the existing design budget included the skate park component and recommended completing the full design and allowing Council to decide whether to award the alternate after bids were received.

City Council reached consensus to include the concrete skate park as a bid alternate, allowing the City to evaluate the actual construction costs before making a final decision.

Mayor Amabile commented that the project would provide a valuable recreational opportunity for the community, particularly on the east side of town, and noted the importance of community members participating in projects that benefit local children.

COLORADO BALLPARK RENOVATION PROJECT REVISED CONCEPT PHASING AND PARK DEVELOPMENT FUND IMPACT REVIEW. Parks & Recreation Director Heim presented the staff report, which included a PowerPoint presentation, outlining the revised Colorado Ballpark Renovation Project concept, proposed two-phase construction plan, estimated costs, and Park Development Fund impacts. Phase One was estimated at $7.85 million and Phase Two at $8.91 million.

Mayor Amabile invited the public to speak. KATHY BALLARD questioned whether the approximately $8 million previously identified in the Park Development Fund for Colorado Ballpark was being divided among other projects. No one else came forward to speak.

City Manager Than explained that the fund balance had increased to approximately $13.8 million and that the City intended to complete at least Phase One. Mr. Heim noted that park development revenues would continue to accrue as new homes were built, and Finance Director Moreno noted that financing options could be considered. Council Member Lewis emphasized that Colorado Ballpark was the City's oldest park and had been awaiting renovation for too long. She urged the City to prioritize completing the project, including pursuing additional grants or funding if necessary. Council Member Llamas supported the phased approach. Council Member Chavez also stressed the need to move the project forward and asked about completing Phase Two first. Mr. Heim explained the proposed phasing and the infrastructure challenges associated with the existing fields. Council Member Lewis raised concerns about the deteriorated parking lot and asked whether minor resurfacing could be completed before Phase Two. Mr. Heim stated that interim improvements could be explored. City Manager Than noted that Phase One would include walking paths and could provide accessible parking near the fields. 22 Mayor Amabile asked about the cost of including the northern ball field in Phase One and whether interim improvements could make the field more playable. Mr. Heim explained that the deteriorated irrigation system would limit the effectiveness of resodding. Mayor Amabile noted the project had been delayed for years and explained that the revised design retained the existing field locations to avoid additional Federal Aviation Administration approvals associated with the airport-owned property. City Manager Than stated that additional financing options could be explored for the overall project and recommended including the northern ball field as a bid alternate.

City Council reached consensus to proceed with Phase One engineering and include the northern ball field as a bid alternate, allowing Council to consider completing all three fields based on the bids received.

SOUTHPOINTE BASIN PARK CONCEPT REVIEW. Parks & Recreation Director Heim presented the staff report, which included a PowerPoint presentation on the revised South Point Basin Park concept. The proposed $1.35 million project includes extending the sidewalk along Ward Road, installing fencing and hydroseeding the basin for erosion control, and developing a small picnic and shade area with tables, benches, landscaping, trees, and other amenities. The larger basin would remain primarily dedicated to stormwater detention.

Mayor Amabile invited the public to speak. KATHY BALLARD questioned whether the recently acquired property could be sold to the School District for a school site, given the need for additional schools. MIGUEL ALEJANDRE, a parent of young children, asked whether play equipment for toddlers could be added. No one else came forward to speak.

Mayor Amabile explained that the basin was needed for flood control and that selling City property would require following an established process. City Manager Than noted the City was working with the School District on a potential school site in the area. Mayor Amabile expressed support for the neighborhood park concept and sidewalk improvements, and Mr. Than explained that Ward Road maintained its width along the area. Council Member Llamas expressed support for the concept and asked whether exercise stations could be included. Mr. Heim stated that exercise stations were part of the original concept and could be considered, noting that they could be basic rather than elaborate. Council also discussed the basin's functionality and irrigation requirements.

Council Member Lewis requested information on the potential costs of additional amenities. City Manager Than discussed the availability of other playgrounds in the area, the costs of installing and replacing playground equipment, and the ongoing maintenance expenses. Council also discussed whether the basin needed to be hydroseeded, with Mr.

Than noting the potential maintenance and liability concerns associated with opening the area to the public.

City Council reached consensus to direct staff to move forward with the concept as presented, including tables, benches, and consideration of exercise stations. 23 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. Community Economic Development Director Souza Elms presented the staff report, which included a PowerPoint presentation, explaining that the site had previously operated as a market, but the ABC license expired in September 2024, requiring a new conditional use permit to reestablish alcohol sales. The proposed hours of operation are 6:00 a.m. to midnight, seven days a week. The project includes designated areas for beer and wine sales and 12 security cameras. The Planning Commission recommended approval, and staff recommended finding the project categorically exempt from CEQA and approving the permit.

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

Council Member Llamas commented that the applicant appeared to have invested considerable money and thought into the project. Mayor Amabile stated that the project looked good and was a nice-sized market.

Motion by Chavez, seconded by LLamas to adopt 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 Under a Type 20 Off-Sale Beer and Wine License for El Junior Market Located at 740 G Street. 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 on her attendance at the League of California Cities Annual Conference and Expo, noting that sessions on economic development, housing, infrastructure funding, and supporting small and rural communities provided beneficial information that could be applied locally. She also reported that the Department had launched its business license platform through Tyler Enterprise Permitting and Licensing and had begun a soft launch of the permitting system.

In partnership with Four Leaf, the City's new building and fire prevention services consultant, the system is being used to issue permits, streamline workflows, improve efficiency, and provide applicants with online access. Staff continues to work through minor issues during the initial rollout.

Finance. Director Moreno reported on her attendance at the League of California Cities Annual Conference, noting the sessions on economic development, the role of finance in attracting businesses, and the value of networking with other city officials and vendors.

She expressed enthusiasm about bringing new ideas back to Los Banos. Ms. Moreno also encouraged residents to support local businesses during the upcoming holiday 24 shopping season to help retain sales tax revenue in the community and fund local amenities. She reminded residents needing assistance with utility bills to contact the City to discuss payment arrangements.

Parks & Recreation. Director Heim thanked park staff for replacing the basketball hoops and repainting the court at Citrus 2 Park, and noted that similar improvements were underway at the 7th Street basketball courts. He announced the City's Halloween Fest scheduled for October 31, from 4:00 p.m. to 8:30 p.m. at the Ag Sports Complex. Mr.

Heim also thanked the City Council, City Manager, and department directors for their support of the parks projects discussed that evening, noting their anticipated positive impact on the community.

Human Resources. Director Carlos reported that the HR team participated in the Los Banos Career and Transfer Fair at the Merced College Los Banos campus. The event featured approximately 20 to 25 booths and vendors and about 100 participants, primarily college students. Staff shared information about public service careers, current employment and volunteer opportunities, and provided guidance on interviewing and workforce preparation. The event also provided an opportunity to connect with local students and strengthen the City's partnership with Merced College.

Public Works. Director Via reported that staff relocated the Engineering Division from 411 Madison to the former Police Department building over the previous weekend. Staff were continuing to work through transition issues and set up equipment and technology, with the copier delivered and installed that day.

Fire. Chief Dorenbush reported that the Merced County Office of Emergency Services presented a draft Hazard Mitigation Plan the previous Thursday. The plan identifies local hazards, community vulnerabilities, floodplains, and mitigation strategies, with the goal of reducing loss of life and property and minimizing disaster impacts. He thanked Council Members Lewis and Llamas for attending the presentation and announced that a tabletop exercise for City staff was planned for the end of the month to prepare for upcoming weather events.

Police. Chief Reyna reported that some Police Department staff would be wearing pink shoulder patches during October in support of Breast Cancer Awareness Month. He welcomed lateral police officer Anthony Alvarez, who recently joined the Department.

Chief Reyna also reported on the City's participation in the national Coffee with a Cop event at Starbucks on East Pacheco Boulevard and the Department's involvement in the Merced College Career and Transfer Fair. He thanked the Pacheco High School students who attended the City Council meeting.

CITY ATTORNEY REPORT. City Attorney Lerner reported that she and Rob attended the League of California Cities Annual Conference, where they participated in legal sessions and found the information beneficial.
25 CITY MANAGER REPORT. City Manager Than reported attending the Coffee with a Cop event and noted that Police Department staff helped prepare and serve coffee to attendees. He announced that the City would attend a check presentation with Assemblywoman Soria on Friday for $5 million in Proposition 4 funding to support the City's Chromium-6 water treatment program. He thanked Assemblywoman Soria for helping secure the funding.

CITY COUNCIL MEMBER REPORTS:

MARCUS CHAVEZ – DISTRICT 3: Commended Parks & Recreation staff for the successful 41st Annual Salute to Seniors event and thanked staff for their ongoing community activities. He also praised the Police Department's participation in the Coffee with a Cop event and welcomed new officer Anthony Alvarez. He encouraged residents to shop locally to help generate sales tax revenue to support City projects and services.

Mr. Chavez thanked the Fire Department for its professionalism in responding to a call involving his family and expressed appreciation to staff who attended the League of California Cities conference.

DEBORAH LEWIS – DISTRICT 4: Thanked the City and residents for the opportunity to attend the League of California Cities conference, noting the value of the sessions and suggesting the League avoid scheduling mandatory classes at the same time. She thanked Senator Caballero for her assistance with Chromium-6 legislation and funding benefiting the City and other affected communities. Ms. Lewis discussed concerns regarding state mandates on cities and referenced a recent League of California Cities vote calling for the League to consider how cities can retain greater local control. She then shared information about Merced County's preparations for the anticipated El Niño weather conditions, including emergency coordination with local cities and special districts to prepare for potential heavy rainfall, flooding, and transportation disruptions.

She also suggested that, as part of the City's General Plan update, the Council consider whether to allow AI data centers in Los Banos and discuss related issues, including electricity and water demands, potential locations, and opportunities for local jobs.

DISTRICT 1: Vacant
REFUGIO LLAMAS – DISTRICT 2: Reported on his attendance at the League of California Cities conference in Anaheim, September 23–25, 2026. He shared information from a session on attracting and retaining businesses, highlighting strategies used by the City of Dublin, including business incentives, reduced permit fees, faster processing, a single point of contact for applicants, and business navigation assistance. He noted that several of these strategies could be considered for Los Banos. He also attended a session on zoning and code enforcement that addressed new state laws and inspection requirements. Mr. Llamas discussed the League of California Cities referendum calling for the organization to refocus on its mission of protecting local control. He expressed concern that the volume of new state laws and unfunded mandates places additional demands on City staff and resources, limiting the City's ability to focus on local priorities.

He noted that the referendum passed overwhelmingly in support of greater local control. 26 MICHAEL S. AMABILE – MAYOR: Reported attending a recognition event at New Bethany, commending the facility and its positive impact on the community. He also reported on the recent 2x3 meeting with the School District, which brings together City Council and School Board members to discuss school sites, facilities, and opportunities for collaboration. He praised Parks and Recreation staff for the successful Salute to Seniors event, which drew approximately 400 attendees, and commended the Police Department and volunteers for their work with the Police Activities League (PAL), which was recognized as District 5 Volunteer of the Year. He thanked Supervisor Scott Silveira for his assistance with the recognition and announced that the next City Council meeting would be held October 21 in the Council Chambers.

ADJOURNMENT. The meeting was adjourned at 8:54 p.m.

APPROVED:
____________________________
Michael S. Amabile, Mayor
ATTEST:
_______________________________
Lucille L. Mallonee, City Clerk
27 THIS PAGE IS INTENTIONALLY LEFT BLANK
28 Agenda Staff Report
TO: Mayor Amabile and City Council Members
FROM: William Via, Jr., Public Works Director
DATE: October 21, 2026
TYPE OF REPORT: Consent Agenda
SUBJECT: Accepting the Construction of Well No. 16 Test Well No. 2 as Complete and Authorizing the Filing of a Notice of Completion with the Merced County Recorder.
______________________________________________________________________ Recommendation:

That the City Council adopt the Resolution to:

1. Accept the construction of the Well No. 16 Test Well No. 2 as complete; and

2. Authorize the City Manager to file the Notice of Completion with the Merced County Recorder; and

3. Authorize the Public Works Director to release the five (5) percent retention after the thirty-five (35) day period from the date of filing the Notice of Completion with the County Recorder.

Background:

The Well No. 16 Test Well No. 2 project was undertaken to support evaluation of groundwater conditions and future water-supply planning at the Well No. 16 site (just west of Merced College). The construction work included drilling and completing the test well and collecting samples to assess site conditions and water quality to determine the viability of establishing a future production well serving the west side of Los Banos.

Discussion:

On August 5, 2026, City Council approved the award of contract for construction to Anthony J. Prieto Water Well Drilling, Inc. in the amount of $297,650.00 with a 15% contingency in the amount of $44,647.00.

LOsBanos
At the Crossroads of California
29 ITEM 4C
There was one change order for this project. Change Order #1 consisted of a change in drilling depth, requiring a credit issued to the City in the amount of ($44,025.00). Total construction cost for this project was $253,625.00.

Staff has determined, upon inspection, that all work has been completed in compliance with the plans and specifications, and in accordance with the approved contract.

Fiscal Impact:

Funds for this project were allocated in the Water fund 501-461-100-231 in the 2026-2027 Fiscal Year Budget.

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

1. Resolution

2. Notice of Completion
30 RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF LOS BANOS ACCEPTING THE
WELL NO. 16 TEST WELL NO. 2 PROJECT AS

COMPLETE AND AUTHORIZING THE FILING

OF A NOTICE OF COMPLETION WITH THE

MERCED COUNTY RECORDER
WHEREAS, on June 10, 2026 the City of Los Banos received competitive bids for the construction of the Well No. 16 Test Well No. 2 project; and WHEREAS, on August 5, 2026 the City Council awarded the Construction Contract to Anthony J. Prieto Water Well Drilling, Inc. for the construction of the Well No. 16 Test Well No. 2 project; and
WHEREAS, staff has determined, upon inspection, that all work has been completed in compliance with the plans and specifications, and in accordance with the approved contract.

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

1. Accept the Well No. 16 Test Well No. 2 project as complete;

2. Authorize the City Manager to file a Notice of Completion with the Merced County Recorder within ten (10) days after acceptance;

3. Authorize the Public Works Director to release the five (5) percent retention held in escrow after the thirty-five (35) days from the date of filing the Notice of Completion.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 21st 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
31 THIS PAGE IS INTENTIONALLY LEFT BLANK
32 RECORDING REQUESTED BY:

WHEN RECORDED RETURN TO:

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

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN:

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

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

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

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

4. That on the 18th day of September, 2026, a work of improvement on the real property hereinafter described was completed.

5. That the name of the original contractor, if any, for such work of improvement was

Anthony J. Prieto Water Well Drilling, Inc.
(If no contractor for work of improvement as a whole, insert “No Contractor.”)

6. That the real property herein referred to is situated in the City of Los Banos County of Merced State of California, and is described as follows:
“Well No. 16 Test Well No. 2”
The major work consists of drilling a test well, collecting zone samples, and destroying the test well at Merced College, 22240 West Hwy 152, Los Banos, CA 93635
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

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

Soknirorn Than, City Manager

ACKNOWLEDGMENT
33 THIS PAGE IS INTENTIONALLY LEFT BLANK
34 Agenda Staff Report
TO: Mayor & City Council Members
FROM: Lucy Mallonee, MMC
City Clerk
DATE: October 21, 2026
SUBJECT: 2026 Conflict-of-Interest Code Update
TYPE OF REPORT: Consent Agenda
_____________________________________________________________________ Recommendation:

Adopt City Council Resolution amending the City’s Conflict of Interest Code.

Background:

The Political Reform Act requires every local government agency to review its Conflict of Interest Code biennially to determine if it is accurate or, alternatively, that the code must be amended. Once the determination has been made, a notice must be submitted to the code reviewing body in October of even-numbered years.

After reviewing the City’s current Conflict of Interest Code and consulting with the City Attorney, staff has determined that an amendment to the code is required in order to designate additional positions and eliminate any positions that no longer exist. See attached Appendix A.

Discussion:

The terms of the code comprise the main body of a code and include such provisions as the manner to report financial interests, the disqualification procedures, etc. The Fair Political Practices Commission (FPPC) recommends that agencies incorporate FPPC Regulation 18730 by reference because the type of information required to be in the main body of the code is quite complex and Regulation 18730 contains all of these provisions.
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35 ITEM 4D
The code must specifically list positions that make or participate in making decisions.

Typically, positions that involve voting on matters, appointing a person, or committing the City to any course of action, is defined as making a governmental decision.

Typically, positions that involve negotiating contracts, making recommendations on purchases without substantive review, advising or making recommendations to the decision maker by conducting research or an investigation, preparing or presenting a report, analysis or opinion which requires the exercise of judgment to influence a decision is defined as participating in the making of a governmental decision.

A primary purpose of the code is to require disclosure of those types of investments, interests in real property, sources of income and business positions that designated positions may affect in their decision-making. For example, the manager of an agency should be assigned full disclosure (all investments, interests in real property, and sources of income and business positions) because the manager makes decisions that affect a wide range of interests. Alternatively, a purchasing agent whose decisionmaking is limited to the purchase of office supplies should only be assigned disclosure of investments, sources of income and business positions in entities that provide office supplies, equipment or merchandise of the type used by the agency.

In short, a designated employee is an officer, employee, member or consultant of the City whose position is designated in the code because the position entails the making or participation in the making of governmental decisions which may foreseeably have a material effect on that person’s financial interest. Positions listed in Government Code Section 87200 (i.e., City Council Members, Planning Commissioners, City Attorneys, City Managers, City Treasurer, etc.) are not required to be included in the code, because these positions are required by statute to file Form 700.

Fiscal Impact:

None.

Reviewed by:
_____________________________
Soknirorn Than, City Manager
Attachments:

Resolution
Appendix A
) -
36 RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS AMENDING CITY
COUNCIL RESOLUTION NO. 6836 RELATING TO
THE CITY’S CONFLICT OF INTEREST CODE
WHEREAS, the City Council previously adopted Resolution No. 6836 amending the City’s Conflict of Interest Code by incorporating by reference the Fair Political Practices Commission’s standard model Conflict of Interest Code and updating the list of designated positions required to file a Conflict of Interest statement; and WHEREAS, the Political Reform Act requires that the City Council review its Conflict of Interest Code biennially to determine accuracy; and WHEREAS, Resolution 6836 adopted on October 2, 2024 amended the Conflict of Interest Code by updating Appendix A (list of designated positions and their disclosure categories); and
WHEREAS, upon a review of the City’s Conflict of Interest Code and Appendices, it has been determined that amendments are necessary to add and remove job classifications, and to add disclosure categories specifying those financial interests that designated positions must disclose.

NOW, THEREFORE, BE IT RESOLVED THAT:

1. Resolution No. 6836 is hereby amended.

2. The terms of California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference and, along with the attached Appendices in which officials and employees are designated and disclosure categories are set forth, constitute the Conflict of Interest Statement of the City of Los Banos.

3. Persons holding designated positions shall file statements of economic interest pursuant to the provisions of this Code.

4. All designated officials and employees shall file their statements of economic interests with the City Clerk of the City of Los Banos to whom the City Council hereby delegates the authority to carry out the duties of the filing officer.

Statements shall be available for inspection and reproduction pursuant to Government Code Section 81008.
37 The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 21st day of October 2026, by ________ who moved its adoption, which motion was duly seconded by ________ and the Resolution adopted by the following vote:

AYES:

NOES:

ABSENT:

APPROVED:

____________________________
Michael S. Amabile, Mayor
ATTEST:
___________________________
Lucille L. Mallonee, City Clerk
38 Appendix A

CITY OF LOS BANOS

LIST OF DESIGNATED POSITIONS
AND DISCLOSURE CATEGORIES1
Designated Positions Disclosure Category
Administration
City Manager 1
City Attorney 1
Assistant City Attorney 1
Assistant City Manager 1
City Clerk 1
Human Resources Director 1
Admin Clerk II 2
Admin Clerk I 2
Assistant City Clerk/Records Coordinator 2
Human Resources Analyst 2
Human Resources Technician I 2
Legal Assistant 2
Public Information Officer 2
Finance
Finance Director 1
Accountant II 2
Accountant I 2
Accounting Clerk II 2
Accounting Technician 2
Finance Manager 2
Information Technology Technician I 2
Information Technology Technician II 2
Payroll Technician 2
Purchasing Manager 2
Community & Economic Development
Building Official 1
Community & Economic Development Director 1
Senior Planner 1
Associate Planner 2
Assistant Planner 2
Housing Program Manager 2
Homeless Outreach Coordinator 2
Planning Technician 2
Building Technician 2
Administrative Coordinator 2
Admin Clerk II 2
39 Admin Clerk I 2
Parks and Recreation
Parks and Recreation Director 1
Administrative Coordinator 2
Foreman 2
Parks and Recreation Operations Manager 2
Recreation Coordinator I 2
Recreation Coordinator II 2
Recreation Supervisor 2
Landscape Inspector 2
Inspector I 2
Public Works
Assistant City Engineer 1
Assistant Public Works Director 1
City Engineer 1
Public Works Director 1
Administrative Assistant 2
Admin Clerk II 2
Admin Clerk I 2
Administrative Coordinator 2
Engineering Technician 2
Facilities Manager 2
Fleet Maintenance Coordinator 2
Foreman 2
Inspector I 2
Maintenance Mechanic I 2
Maintenance Mechanic II 2
Public Works Operations Manager 2
Public Works Supervisor 2
Project Manager 2
Water Quality Specialist 2
Fire
Fire Chief 1
Assistant Fire Chief 1
Admin Clerk I 2
Admin Clerk II 2
Administrative Coordinator 2
Battalion Chief 2
Fire Captain 2

Police
Police Chief 1
Police Commander 1
40 Police Sergeant 2
Police Services Manager 2
Public Safety Dispatch Supervisor 2
Admin Clerk II 2
Admin Clerk I 2
Other Positions
Consultants2 1
Temporary Positions3 1
1 The Mayor and Council Members, Planning Commissioners, City Manager, City Attorney, and Treasurer/Financial Officer are required to file statements of economic interest pursuant to Government Code Section 87200, and are therefore, not included in the List of Designated Positions required to file pursuant to the City’s conflict of interest code. 2 Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadcast disclosure category in the code subject to the following limitation.

The City Manager may determine in writing that a particular consultant, although a “designated position”, is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant’s duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code.
3 Temporary positions may be required to file a conflict of interest statement upon determination by the city attorney that the temporary position is the functional equivalent of a designated position.
41 Appendix B

CITY OF LOS BANOS

DISCLOSURE CATEGORIES
Category Reportable Interests
1 Investments, business positions, income from sources located in or doing business in the jurisdiction, interests in real property located in the jurisdiction, including property located within a two-mile radius of any property owned or used by the City.
2 Investments, business positions, and sources of income of the type which provide services, supplies, materials, machinery or equipment of the type utilized by the City.
3 Investments, business positions, and sources of income of the type, which engage in, land development, construction or the acquisition or sale of property, interests in real property located within the jurisdiction, including property located within a two-mile radius of any property owned or used by the City.

General Provisions
When a designated employee is required to disclose investments and sources of income, he/she need only disclose investments in business entities and sources of income, which do business in the jurisdiction, plan to do business in the jurisdiction, or have done business in the jurisdiction within the past two years. In addition to other activities, a business entity is doing business within the jurisdiction if it owns real property within the jurisdiction. When a designated employee is required to disclose interest in real property, he/she need only disclose real property, which is located in whole or in part within, or not more than two miles outside the boundaries of the jurisdiction or within two (2) miles of any land owned or used by the local government agency.

Designated employees shall disclose their financial interests pursuant to the appropriate disclosure category as indicated in Appendix A.
42 Agenda Staff Report
TO: Mayor Amabile and Council Members
FROM: William Via Jr., Public Works Director
DATE: October 21, 2026
TYPE OF REPORT: Consent Agenda
SUBJECT: Rejecting all bids received for the purchase of New 2026-2027 Model ¾ Ton Medium Duty Utility Trucks – One (1) or More Vehicles, Up to Twelve (12)
______________________________________________________________________ Recommendation:

That the City Council adopts the Resolution rejecting all bids received for the purchase of New 2026-2027 Model ¾ Ton Medium Duty Utility Trucks – One (1) or More Vehicles, Up to Twelve (12), and authorize staff to re-advertise the solicitation for new bids.

Discussion:

On September 9, 2026, Public Works released the bid package for the purchase of New 2026-2027 Model ¾ Ton Medium Duty Utility Trucks – One (1) or More Vehicles, Up to Twelve (12). The City has since determined it is in its best interest to reject all bids and to re-advertise for the solicitation of new bids.

City of Los Banos Municipal Code Section 3-16.070 provides that the City Council may reject any and all bids presented if the Public Works Director, prior to rejection, furnishes written notice to an apparent low bidder, informing the bidder of the City’s intention to reject the bid at least two (2) business days prior to the hearing at which the City Council intends to reject the bid.

On October 7, 2026, the Public Works Director issued a Notice of Intent to Reject Bids advising bidders that staff intended to recommend rejection of all bids at the October 21, 2026, City Council meeting. The City’s bid documents additionally reserve the City’s right to reject any or all bids.

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Fiscal Impact:

There is no immediate fiscal impact associated with rejecting the bids. Staff intends to immediately re-advertise for competitive bids. Following the subsequent bid opening and evaluation, staff will return to the City Council with a recommendation for award.

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

1. Resolution
44 RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF LOS BANOS REJECTING ALL

BIDS RECEIVED FOR THE PURCHASE OF
NEW 2026-2027 MODEL ¾ TON MEDIUM
DUTY UTILITY TRUCKS – ONE (1) OR MORE
VEHICLES, UP TO TWELVE (12)

WHEREAS, the City of Los Banos formally advertised for bids for the purchase of New 2026-2027 Model ¾ Ton Medium Duty Utility Trucks – One (1) or More Vehicles, Up to Twelve (12) on September 9, 2026; and
WHEREAS, the City Clerk of the City of Los Banos received bids that were publicly opened on September 30, 2026; and
WHEREAS, the City has determined that it is in its best interest to reject all bids and re-advertise for the solicitation of new bids; and
WHEREAS, a notice of intent to reject all bids was provided to all bidders, and posted on the City’s website on October 7, 2025;
WHEREAS, if said notice was given, per section 3-16.070 of the municipal code, the City Council has the authority to reject any and all bid proposals.

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

1. Reject all bids received for the purchase of New 2026-2027 Model ¾ Ton Medium Duty Utility Trucks – One (1) or More Vehicles, Up to Twelve (12); and

2. Hereby directs the Public Works Director to re-advertise for the solicitation of new bids.

AYES:

NOES:

ABSENT:

45 APPROVED:

__________________________
Michael S. Amabile, Mayor
ATTEST:
___________________________
Lucille L. Mallonee, City Clerk
46 Agenda Staff Report
TO: Chairperson and Governing Board
FROM: Minerva Moreno, Finance Director
DATE: October 21, 2026
TYPE OF REPORT: Consent Agenda
SUBJECT: Entering into a Professional Services Agreement with Price Paige & Associates for Professional Auditing Services
______________________________________________________________________ Recommendation:

Adopt a Resolution authorizing the Executive Director to execute a Professional Services Agreement with Price Paige & Associates for professional auditing services for Fiscal Years 2023-24, 2024-25, and 2025-26.

Background:

The City of Los Banos elected to become the Successor Agency for the former Redevelopment Agency effective September 4, 2023. As required by State law, the Successor Agency must prepare Annual Comprehensive Financial Reports (ACFRs) and complete annual independent audits of its financial statements.

Price Paige & Associates completed the Successor Agency's ACFR and audit for the fiscal year ended June 30, 2023. The audit was finalized on September 1, 2026, and presented to the Governing Board for acceptance on October 21, 2026.

Discussion:

To address the remaining delinquent audits for Fiscal Years 2023-24 through 2025-26, staff recommends entering into a Professional Services Agreement with Price Paige & Associates.

Staff have reviewed the City's Procurement Policy and determined that it is in the best interest of both the Successor Agency and the City to continue utilizing the existing audit firm to complete the outstanding audit work. Pursuant to Section 3-10.420(b)(5) of the Los Banos Municipal Code, the City Council may waive the formal Request for Proposals LOsBanos
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47 ITEM 4F
(RFP) process when such action serves the best interests of the City. In addition, the City's procurement ordinance identifies professional and specialized services as exempt from competitive bidding requirements.

Staff recommends that the Governing Board find that waiving the formal RFP process for these auditing services is in the best interest of the Successor Agency and the City and authorize the continued engagement of Price Paige & Associates based on the following considerations:
• The firm's existing knowledge of the Successor Agency's financial records, prior to audit workpapers, and historical transactions will allow for a more efficient audit process.
• Retention of the current auditor eliminates the need for extensive onboarding and familiarization with prior years' activities.
• Procuring a new auditor would likely result in additional costs and delays due to the research and review required to gain an understanding of historical records and prior to financial reporting.
• Timely completion of the outstanding audits is essential to maintaining compliance with reporting requirements and supporting effective financial oversight.

Fiscal Impact:

Price Paige & Associates has submitted the following cost proposal for audit services:

Fiscal Year Audit Fee
2023-24 $15,000
2024-25 $15,000
2025-26 $15,000
Total $45,000
Funding for the agreement will be requested through an amendment to the Successor Agency's 2026-27 Recognized Obligation Payment Schedule (ROPS) at a future meeting of the Merced Countywide Oversight Board. Approval of the ROPS amendment will provide the appropriations necessary to fund the agreement.

Reviewed by:

______________________________ __________________________ Soknirorn Than, Executive Director Minerva Moreno, Finance Director 48 Attachments:

1. Resolution

2. Professional Service Agreement
49 THIS PAGE IS INTENTIONALLY LEFT BLANK
50 RESOLUTION NO.

A RESOLUTION OF THE SUCCESSOR AGENCY

TO THE FORMER LOS BANOS

REDEVELOPMENT AGENCY AUTHORIZING THE

CITY MANAGER TO EXECUTE A

PROFESSIONAL SERVICES AGREEMENT WITH

PRICE PAIGE & ASSOCIATES FOR AUDITING
SERVICES FOR FISCAL YEARS 2023-24, 2024-
25, AND 2025-26
WHEREAS, the City of Los Banos elected to become the Successor Agency for the former Redevelopment Agency effective September 4, 2023; and WHEREAS, the Successor Agency is required to prepare annual financial statements and complete annual independent audits in accordance with applicable laws and reporting requirements; and
WHEREAS, Price Paige & Associates completed the audit and Annual Comprehensive Financial Report (ACFR) for the fiscal year ended June 30, 2023, providing valuable familiarity with the Successor Agency's financial records, prior audit workpapers, and historical activities; and
WHEREAS, the Successor Agency has outstanding audit requirements for Fiscal Years 2023-24, 2024-25, and 2025-26; and
WHEREAS, staff has reviewed the City's procurement policies and recommends that the formal Request for Proposals process be waived pursuant to Section 3-

10.420(b)(5) of the Los Banos Municipal Code because such action is in the best interest of the City and the Successor Agency; and
WHEREAS, the City's procurement ordinance identifies professional and specialized services as exempt from competitive bidding requirements; and WHEREAS, retaining Price Paige & Associates will promote continuity, reduce onboarding time, avoid duplication of effort, minimize additional costs, and facilitate the timely completion of the outstanding audits; and
WHEREAS, Price Paige & Associates has submitted a proposal to perform audit services for Fiscal Years 2023-24, 2024-25, and 2025-26 at a cost of $15,000 per fiscal year, for a total contract amount not to exceed $45,000; and WHEREAS, staff intends to request an amendment to the Successor Agency's 2026-27 Recognized Obligation Payment Schedule (ROPS) through the Merced 51 Countywide Oversight Board to provide the appropriations necessary to fund the agreement.

NOW, THEREFORE, BE IT RESOLVED that the Successor Agency to the Former Los Banos Redevelopment Agency hereby authorizes the Executive Director, or designee, to execute the Professional Services Agreement and any related documents necessary to carry out the intent of this Resolution, subject to approval as to form by Agency Governing Board.

PASSED, APPROVED AND ADOPTED THIS 21st day of October, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________
Chairperson, Successor Agency to the Redevelopment
Agency of the City of Los Banos

ATTEST:
________________________________
Successor Agency Secretary
52 1

SUCCESSOR AGENCY

PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT FOR PROFESSIONAL SERVICES (“Agreement”) is made and entered into, effective as of [INSERT DATE], 2026 (“Effective Date”), by and between the SUCCESSOR AGENCY TO THE LOS BANOS REDEVELOPMENT AGENCY, a public body, corporate and politic (“Successor Agency”), and PRICE, PAIGE & COMPANY, a California corporation (“Consultant”). The Successor Agency and the Consultant are also referred to individually as a “Party” and collectively as the “Parties.”

RECITALS
WHEREAS, the Los Banos Redevelopment Agency (the “Former Agency”) was dissolved as of February 1, 2012, pursuant to Part 1.8 (commencing with Section 34161) and Part 1.85 (commencing with Section 34170) of Division 24 of the California Health and Safety Code (the “Dissolution Law”); and
WHEREAS, the Los Banos Designated Local Authority served as successor agency to the Former Agency until, effective July 1, 2023, the City of Los Banos (“City”) assumed the duties of successor agency to the Former Agency pursuant to Health and Safety Code section 34173 (in such capacity, the “Successor Agency”); and
WHEREAS, pursuant to Health and Safety Code section 34173(g), the Successor Agency is a legal entity separate from the City, and
WHEREAS, Health and Safety Code section 34177(n) requires the Successor Agency to cause a postaudit of its financial transactions and records to be made at least annually by a certified public accountant; and
WHEREAS, the annual audits of the Successor Agency for the fiscal years ended June 30, 2024, June 30, 2025, and June 30, 2026 have not been completed, and the Successor Agency desires to complete those audits as expeditiously as possible and to obtain the annual audits for the fiscal years ending June 30, 2027 and June 30, 2028 (collectively, the “Project”); and WHEREAS, the Consultant is the City’s existing independent audit firm and is familiar with the Successor Agency’s financial systems, prior audit workpapers, and historical records, and with the unique accounting and reporting requirements associated with redevelopment dissolution; and
WHEREAS, the Consultant is a firm of certified public accountants registered with the California Board of Accountancy that furnishes independent audit services to public agencies, 53 2
and represents that it desires to and is professionally and legally capable of performing the services called for by this Agreement; and
WHEREAS, the Consultant submitted a proposal for the Project dated September 3, 2026, a copy of which is attached hereto and incorporated herein as part of Exhibit A; and WHEREAS, the Successor Agency has determined that the services required for the Project are professional and technical in nature, and that the Consultant possesses the specialized skill, training, and experience necessary to perform them; and WHEREAS, this Agreement will be administered on behalf of the Successor Agency by its Executive Director or designee (the “Administrator”).

AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by this reference, and of the mutual covenants, conditions, and promises set forth below, the Parties agree as follows:

1. Scope of Services
The Consultant shall perform, to the satisfaction of the Successor Agency, the services described in Exhibit A, attached hereto and incorporated by reference (the “Services”), including all work incidental to, or reasonably necessary to perform, such Services even though not specifically described in Exhibit A. The Services consist of independent audits of the financial statements of the Successor Agency for each of the fiscal years ended or ending June 30, 2024; June 30, 2025; June 30, 2026; (each, an “Audit Year”), together with the related reports and communications described in Exhibit A. The Consultant shall furnish all labor, supervision, materials, equipment, software, licenses, and facilities necessary to perform the Services, except as expressly identified in Exhibit A as a Successor Agency responsibility.

2. Term of Agreement and Time for Performance
(a) This Agreement shall be effective as of the Effective Date and shall continue in full force and effect through June 30, 2027, unless earlier terminated in accordance with this Agreement (the “Term”). The Term is intended to extend beyond issuance of the final reports for the last Audit Year so as to encompass the Consultant’s post-issuance communications, responses to inquiries concerning the audits, and records retention and support obligations.
(b) The Services shall commence upon the Effective Date and shall be completed in a sequence assuring expeditious completion. Time is of the essence in the performance of this Agreement. The Consultant acknowledges that the audits for the fiscal years ended June 30, 2024; June 30, 2025; and June 30, 2026 are outstanding, that the Successor 54 3
Agency is relying on the Consultant to bring the Successor Agency current on its audit obligations, and that the Consultant shall give those Audit Years priority and perform the Services in accordance with the schedule set forth in Exhibit A. (c) The Administrator may, by written notice to the Consultant, extend the Term one time for a period not to exceed six (6) months where necessary to permit completion of the Services. Any such extension shall not increase the compensation payable under Section

3. 3. Compensation
(a) As full and complete compensation for the satisfactory performance of all Services required or rendered pursuant to this Agreement, the Successor Agency shall pay the Consultant a total amount not to exceed Forty-Five Thousand Dollars ($45,000.00), inclusive of all fees, labor, materials, travel, and other expenses, and payable on the basis of the schedule of fees and expenses set forth in Exhibit A. Compensation for each Audit Year shall not exceed Fifteen Thousand Dollars ($15,000.00) for each of the 2023-24, 2024-25, and 2025-26 Audit Years (each, an “Annual Not-to-Exceed Amount”).

Unexpended amounts for one Audit Year shall not carry over to any other Audit Year. The Consultant shall not be entitled to any compensation in excess of these not-to-exceed amounts absent a written amendment executed in accordance with subsection (d) below. (b) The Consultant shall submit detailed invoices to the Successor Agency, not more often than monthly, identifying the Audit Year, the Services performed, the personnel who performed them and the hours expended, and the amount claimed. The Successor Agency shall pay the Consultant for Services satisfactorily performed within thirty (30) days after submission of an invoice describing such Services and approval by the Administrator.

The Successor Agency shall not be obligated to reimburse any expense for which it has not received a detailed invoice with copies of representative and identifiable receipts or records substantiating such expense. The Successor Agency shall reimburse only those expenses that it has pre-approved in writing.
(c) The Successor Agency may withhold payment for any deliverable that does not conform to the requirements of this Agreement until the nonconformity is cured. Payments for an Audit Year shall not exceed ninety percent (90%) of the Annual Not-to-Exceed Amount for that Audit Year until the Consultant has issued the final reports and delivered all other deliverables required under Exhibit A for that Audit Year. (d) The Parties may modify this Agreement to increase or decrease the scope of Services, or to provide for services not required by this Agreement, which modification shall include a corresponding adjustment to the Consultant’s compensation. Any change in the scope of Services must be made by written amendment signed by an authorized representative of each Party. No extra services beyond the scope of this Agreement shall be rendered by the 55 4
Consultant unless authorized in advance and in writing by the Administrator, and the Consultant shall not be entitled to any additional compensation for services performed prior to a signed written amendment.

4. Termination, Remedies, and Force Majeure
(a) This Agreement shall terminate without any liability of the Successor Agency to the Consultant upon the earliest of: (i) the Consultant’s filing for protection under the federal bankruptcy laws, or the commencement of any bankruptcy or receivership petition by a third party against the Consultant; (ii) seven (7) calendar days’ prior written notice, with or without cause, from the Successor Agency to the Consultant; (iii) the Successor Agency’s non-appropriation of funds sufficient to meet its obligations hereunder during any Successor Agency fiscal year, insufficient funding for the Project, or the disapproval of funding for the Services in any administrative budget or Recognized Obligation Payment Schedule of the Successor Agency; or (iv) expiration of the Term. (b) In addition to the foregoing, if in the opinion of the Successor Agency the Consultant fails to perform or provide prompt, efficient, and thorough service, the Successor Agency shall have the right to immediately terminate or cancel this Agreement and pay the Consultant for the value of the actual work satisfactorily performed to the date of termination.
(c) Immediately upon any termination or expiration, the Consultant shall (i) stop all work hereunder; (ii) cause any and all of its subcontractors to cease work; and (iii) return to the Successor Agency all unearned payments and all records, documents, data, and other materials furnished by or belonging to the Successor Agency, and deliver to the Successor Agency any reports completed as of the date of termination. Subject to the terms of this Agreement, the Consultant shall be paid for Services satisfactorily performed prior to the effective date of termination. The Consultant shall not be paid for any work or costs that reasonably could have been avoided.
(d) In the event of termination due to the Consultant’s failure to perform satisfactorily, the Successor Agency may withhold an amount otherwise payable as an offset to, but not in excess of, the Successor Agency’s damages caused by such failure. No payment by the Successor Agency shall constitute a waiver of any breach then existing, nor shall such payment impair or prejudice any remedy available to the Successor Agency. (e) Upon any breach by the Consultant, the Successor Agency may (i) exercise any right, remedy, or privilege available to it under the laws of the State of California or other applicable law, whether in contract, law, or equity; (ii) proceed by appropriate court action to enforce the terms of this Agreement; and/or (iii) recover all direct, indirect, consequential, economic, and incidental damages for the breach. If it is determined that 56 5
the Successor Agency improperly terminated this Agreement for default, such termination shall be deemed a termination for convenience.
(f) Upon the Administrator’s request, the Consultant shall provide the Successor Agency with adequate written assurances of future performance in the event the Consultant fails to comply with any term or condition of this Agreement. (g) The Consultant shall be liable for default unless nonperformance is caused by an occurrence beyond the Consultant’s reasonable control and without its fault or negligence, such as acts of God, fires, floods, epidemics, public health orders, quarantine restrictions, strikes, unusually severe weather, or delays of common carriers. The Consultant shall notify the Administrator in writing as soon as reasonably possible after the commencement of any excusable delay, setting forth full particulars, shall remedy the occurrence with all reasonable dispatch, and shall promptly give written notice of its cessation. In the event of an excusable delay, the time for performance of the affected Services shall be extended by a period not exceeding the duration of the delay, and the Parties shall cooperate in good faith to establish a revised schedule at no additional cost to the Successor Agency.

5. Key Personnel
(a) The Consultant shall assign the following individuals to the Project, who shall be principally responsible for the planning, performance, and supervision of the audits:
[INSERT NAME], Engagement Partner; [INSERT NAME], Audit Manager. The Engagement Partner shall be a certified public accountant holding a valid, active California license and shall serve as the Consultant’s single point of contact for the Successor Agency.
(b) The Consultant shall not reassign or replace any individual identified in subsection (a) without the Administrator’s prior written approval, which shall not be unreasonably withheld. Any replacement shall possess qualifications and experience at least equal to those of the individual replaced.
(c) The Consultant shall ensure that all personnel engaged in the Project are qualified to perform the tasks assigned to them, are independent of the Successor Agency and the Successor Agency as required by Section 6, and are supervised, and their work reviewed, in accordance with applicable professional standards. The Consultant shall not subcontract any portion of the Services without the Administrator’s prior written approval.

6. Auditor Independence and Peer Review
57 6
(a) The Consultant acknowledges that its independence, in fact and in appearance, is essential to the integrity of the audits and to the Successor Agency’s compliance with the Dissolution Law, and that any impairment of independence may render an audit unusable and cause the Successor Agency substantial harm. The Consultant shall be and remain independent of the Successor Agency and the Successor Agency, within the meaning of the AICPA Code of Professional Conduct and Government Auditing Standards, throughout the Term and the periods covered by the audits. (b) The Consultant shall not perform any nonattest service for the Successor Agency that would impair its independence, and shall not assume any management responsibility of the Successor Agency. Before performing any nonattest service, including assistance in preparing financial statements or notes or proposing adjusting journal entries, the Consultant shall (i) determine and document that the service will not impair its independence, together with any safeguards applied; (ii) confirm that the Successor Agency has designated an individual who possesses suitable skill, knowledge, or experience to oversee the service; and (iii) obtain the Successor Agency’s written acknowledgment that Successor Agency management accepts responsibility for the results of the service.
(c) The Consultant represents that it has received an external peer review within the period required by professional standards and has provided the Successor Agency with a copy of its most recent peer review report. The Consultant shall provide the Successor Agency with a copy of any subsequent peer review report issued during the Term within thirty (30) days after the Consultant receives it, and shall notify the Administrator in writing within ten (10) days if it receives a peer review rating other than “pass.” (d) The Consultant shall notify the Administrator in writing immediately upon learning of (i) any circumstance that threatens or impairs its independence with respect to the Successor Agency; (ii) any disciplinary action, or any suspension, revocation, or restriction of any license, permit, or registration, affecting the Consultant or any individual identified in Section 5; or (iii) any other matter that could affect the Consultant’s ability to perform the Services in accordance with this Agreement.

7. Confidential Information and Ownership of Documents
(a) Any reports, information, or other data prepared or assembled by the Consultant pursuant to this Agreement shall not be made available to any individual or organization without the Administrator’s prior written approval, except as required by law or applicable professional standards. During the Term and thereafter, the Consultant shall not, without the Successor Agency’s prior written consent, disclose to anyone any Confidential Information. “Confidential Information” includes all proprietary and confidential information of the Successor Agency and the Successor Agency, including without 58 7
limitation financial, banking, investment, personnel, and payroll records, and any materials, compilations, documents, or instruments disclosed or submitted orally, in writing, or by any other medium. Confidential Information does not include a final audit report after the Successor Agency has released it. The Consultant shall refer any request it receives under the California Public Records Act for Successor Agency records to the Administrator and shall not respond without the City or’s written direction. (b) The audit reports, management letters, and other reports and deliverables prepared by the Consultant and delivered to the Successor Agency under this Agreement, and all records, data, and documents furnished by the Successor Agency to the Consultant (collectively, “Successor Agency Materials”), are and shall be the property of the Successor Agency.

The Parties acknowledge that, consistent with California Business and Professions Code section 5037, the Consultant’s audit documentation and working papers, other than City Materials, remain the property of the Consultant, subject to the Successor Agency ’s rights of access and the retention requirements of Section 8. The Consultant shall return or make available to the Successor Agency all Successor Agency Materials upon request and upon expiration or termination of this Agreement, except that the Consultant may retain copies of Successor Agency Materials that form part of its audit documentation, subject to the confidentiality requirements of this Section 7. (c) The Consultant shall retain ownership of its pre-existing proprietary audit programs, software, templates, and general methodologies that are not specific to the Successor Agency. The Successor Agency may use, reproduce, publish, and distribute the reports and deliverables delivered under this Agreement for any governmental purpose, including posting on the Successor Agency ’s website, inclusion in continuing disclosure filings, and submission to any agency having oversight authority over the Successor Agency. (d) The Consultant shall maintain reasonable administrative, technical, and physical safeguards to protect Successor Agency Materials and Confidential Information against unauthorized access, use, or disclosure, and shall transmit such information only by secure means. The Consultant shall notify the Administrator promptly, and in no event later than twenty-four (24) hours after discovery, of any actual or suspected unauthorized access to or disclosure of such information, and shall cooperate fully with any investigation and with any notice required by law.
(e) If the Consultant subcontracts all or any portion of the Services, the Consultant shall cause each subcontractor to comply with the requirements of Sections 6 and 7. (f) This Section 7 shall survive expiration or termination of this Agreement.

8. Audit Documentation, Records Retention, and Cooperation 59 8
(a) The Consultant shall prepare and maintain audit documentation for each Audit Year in accordance with generally accepted auditing standards, Government Auditing Standards, and California Business and Professions Code section 5097, sufficient to enable an experienced auditor having no previous connection with the audit to understand the nature, timing, extent, and results of the procedures performed, the evidence obtained, and the conclusions reached.
(b) The Consultant shall retain all audit documentation for each Audit Year for not less than seven (7) years after the report release date for that Audit Year, or for such longer period as may be required by law or professional standards, and shall not destroy any such documentation during the pendency of any claim, audit, review, investigation, or litigation of which the Consultant has notice.
(c) Upon the Successor Agency’s request, the Consultant shall make its audit documentation available for review and copying by the Successor Agency, by any federal, state, or county agency having audit or oversight authority over the Successor Agency, and by any successor auditor engaged by the Successor Agency, in accordance with applicable professional standards and at no additional cost to the Successor Agency. The Consultant shall respond to the reasonable inquiries of any successor auditor and shall allow the successor auditor to review working papers relating to matters of continuing accounting significance.
(d) In the event of any inquiry, review, audit, or investigation by any agency having oversight authority over the Successor Agency, or any claim, appeal, or litigation relating to the Services or to the Successor Agency’s financial statements for any Audit Year, the Consultant shall cooperate fully with the Successor Agency and shall make its personnel and records reasonably available to the Successor Agency and its counsel. Consultation and the provision of records under this subsection shall be provided at no additional charge for the first eight (8) hours per Audit Year; time beyond that threshold, and any expert witness testimony, shall be compensated at the rates set forth in Exhibit A pursuant to a written amendment.
(e) This Section 8 shall survive expiration or termination of this Agreement.

9. Professional Skill and Standards
(a) The Consultant represents to the Successor Agency that the Consultant and its subcontractors, if any, are skilled in the profession and shall perform in accordance with the standards of that profession. The Successor Agency relies upon the skill of the Consultant and any subcontractors to perform the Services in a skillful manner, and the Consultant agrees to so perform and to require the same of any subcontractor. Acceptance of the Services by the Successor Agency shall not operate as a release of the Consultant or any subcontractor from these professional standards. 60 9
(b) All consultant and subconsultant services provided under this Agreement shall be provided by personnel experienced and, where required, licensed in their respective fields, and in a manner consistent with the standards of care, diligence, and skill ordinarily exercised by professional consultants in similar circumstances in accordance with sound professional practices. Services provided by and through the Consultant shall be furnished in accordance with generally accepted professional practice and principles and under the supervision of certified public accountants licensed in the State of California. The Consultant assumes responsibility for any and all negligence, errors, or omissions that the Consultant commits, and for any and all such negligence, errors, or omissions committed by a subcontractor of the Consultant in performance of this Agreement.
(c) Without limiting subsections (a) and (b), the Consultant shall perform the Services in conformance with: (i) auditing standards generally accepted in the United States of America, as established by the American Institute of Certified Public Accountants; (ii) the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States, as in effect for each Audit Year; (iii) accounting principles generally accepted in the United States of America, as promulgated by the Governmental Accounting Standards Board, in evaluating the presentation of the Successor Agency’s financial statements; (iv) the AICPA Code of Professional Conduct and the independence requirements of Government Auditing Standards; (v) the California Accountancy Act (Business and Professions Code section 5000 et seq.) and the regulations of the California Board of Accountancy; (vi) the Dissolution Law, including Health and Safety Code section 34177(n); and (vii) any other audit or reporting requirements applicable to successor agencies under state law. (d) The Consultant shall ensure that each auditor who plans, directs, performs, or reports on the audits meets the continuing professional education requirements of Government Auditing Standards.

10. Indemnification
To the furthest extent allowed by law, the Consultant shall indemnify, hold harmless, and defend the Successor Agency, and its officers, officials, employees, agents, and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs, and damages (whether in contract, tort, or strict liability, including but not limited to personal injury, death at any time, and property damage), and from any and all claims, demands, and actions in law or equity (including reasonable attorney’s fees, litigation expenses, and costs to enforce this Agreement) that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, its principals, officers, employees, agents, subcontractors, or volunteers in the performance of this Agreement.
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If the Consultant subcontracts all or any portion of the Services, the Consultant shall require each subcontractor to indemnify, hold harmless, and defend the Successor Agency, and its officers, officials, employees, agents, and volunteers in accordance with the terms of the preceding paragraph.

The obligations set forth in this indemnification provision (i) shall be in effect without regard to whether or not the Successor Agency, the Consultant, or any other person maintains, or fails to maintain, insurance coverage or a self-insurance program for any such claim; and (ii) shall survive termination or expiration of this Agreement.

11. Insurance
(a) Throughout the life of this Agreement, the Consultant shall pay for and maintain in full force and effect all insurance required by Exhibit B, which is incorporated into and made a part of this Agreement, with an insurance company or companies either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated no less than “A-VII” in Best’s Insurance Rating Guide, or (ii) as may otherwise be authorized in writing by the City’s Risk Manager or designee in its sole discretion. The required policies shall maintain limits of liability of not less than the amounts stated in Exhibit B. The insurance limits available to the the Successor Agency, and their respective officers, officials, employees, agents, and volunteers as additional insureds shall be the greater of the minimum limits specified in Exhibit B or the full limit of any insurance proceeds available to the named insured.
(b) If at any time during the Term the Consultant or any of its subcontractors fails to maintain any required insurance in full force and effect, all Services under this Agreement shall be discontinued immediately, and all payments due or that become due to the Consultant shall be withheld until the Successor Agency receives notice that the required insurance has been restored and that premiums have been paid for a period satisfactory to the Successor Agency. Any failure to maintain the required insurance shall be sufficient cause for the Successor Agency to terminate this Agreement. No action taken by the Successor Agency under this Section shall relieve the Consultant of its responsibilities under this Agreement.
(c) The fact that insurance is obtained by the Consultant shall not be deemed to release or diminish the liability of the Consultant, including without limitation liability under the indemnity provisions of this Agreement. The duty to indemnify the Successor Agency applies to all claims and liability regardless of whether any insurance policy is applicable.

The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant.
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(d) The City’s Risk Manager is authorized to reduce or waive any of the insurance requirements set forth in Exhibit B in the event the Risk Manager determines, in writing, that such reduction or waiver is in the best interest of the Successor Agency.

12. Conflict of Interest and Non-Solicitation
(a) Prior to the Successor Agency’s execution of this Agreement, the Consultant shall complete and deliver the certification attached as Exhibit C. During the Term, the Consultant shall immediately notify the Successor Agency in writing of any change to the information provided in that certification.
(b) The Consultant shall comply, and shall require its subcontractors to comply, with all applicable (i) professional canons governing avoidance of impermissible conflicts; and (ii) federal, state, and local conflict-of-interest laws and regulations, including without limitation California Government Code section 1090 et seq., the Political Reform Act (California Government Code section 87100 et seq.), and the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations section 18700 et seq.).
(c) The Consultant shall take, and shall require its subcontractors to take, reasonable steps to avoid any appearance of a conflict of interest. Without limiting the foregoing, the Consultant shall not assign to the Project any individual who has a familial, financial, or business relationship with any Successor Agency officer or employee responsible for the financial records of the Successor Agency, or who held a key financial reporting position with the City or the Successor Agency during any period under audit. Upon discovery of any facts giving rise to the appearance of a conflict, the Consultant shall immediately notify the Successor Agency in writing.
(d) If the Successor Agency determines that any of the Consultant’s personnel are required to file statements of economic interests under the Successor Agency’s Conflict of Interest Code, those personnel shall file such statements in the time and manner required. (e) The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement.

13. General Terms
(a) Except as otherwise provided by law, all notices expressly required of the Successor Agency within the body of this Agreement, and not otherwise specifically provided for, shall be effective only if signed by the Administrator or designee. 63 12
(b) Records of the Consultant’s expenses pertaining to the Project shall be kept on a generally recognized accounting basis and shall be available to the Successor Agency or its authorized representatives upon request during regular business hours throughout the Term and for a period of four (4) years after final payment or, if longer, for any period required by law. All books, documents, papers, and records of the Consultant pertaining to the Project shall be available for the purpose of making audits, examinations, excerpts, and transcriptions for the same period. If any litigation, claim, negotiation, audit, or other action is commenced before the expiration of that period, all records shall be retained and made available to the Successor Agency until the action is resolved or until the end of that period, whichever occurs later. Pursuant to California Government Code section 8546.7, the Parties shall be subject to the examination and audit of the California State Auditor, at the request of the Successor Agency or as part of any audit of the Successor Agency, for a period of three (3) years after final payment under this Agreement. If the Consultant subcontracts all or any portion of the Services, the Consultant shall cause each subcontractor to comply with this subsection. This subsection (b) shall survive expiration or termination of this Agreement.
(c) Prior to execution of this Agreement by the Successor Agency, the Consultant shall provide evidence to the Successor Agency that the Consultant holds a Successor Agency of Los Banos business license, if required; that the Consultant is registered with the California Board of Accountancy to practice public accountancy; and that the Engagement Partner holds a valid California certified public accountant license. If the Consultant subcontracts all or any portion of the Services, the Consultant shall require each subcontractor to provide the same evidence before beginning work.

14. Nondiscrimination
(a) To the extent required by controlling federal, state, and local law, the Consultant shall not employ discriminatory practices in the provision of services, the employment of personnel, or in any other respect on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, ethnicity, military or veteran status, or any other classification protected by law.
(b) The Consultant will not discriminate against any employee or applicant for employment on any basis identified in subsection (a). The Consultant shall ensure that applicants are employed, and that employees are treated during employment, without regard to those characteristics. This requirement applies to the Consultant’s employment practices including, but not limited to: employment; upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees 64 13
to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. (c) In all solicitations or advertisements for employees placed by or on behalf of the Consultant in pursuit of this Agreement, the Consultant shall state that all qualified applicants will receive consideration for employment without regard to the characteristics identified in subsection (a).
(d) If the Consultant subcontracts all or any portion of the Services, the Consultant shall cause each subcontractor to comply with this Section 14.

15. Independent Contractor
(a) In furnishing the Services provided for herein, the Consultant is acting solely as an independent contractor. Neither the Consultant nor any of its officers, agents, or employees shall be deemed an officer, agent, employee, joint venture, partner, or associate of the Successor Agency for any purpose. The Successor Agency shall have no right to control, supervise, or direct the manner or method by which the Consultant performs its work and functions. The Successor Agency retains the right to administer this Agreement so as to verify that the Consultant is performing its obligations in accordance with the terms and conditions hereof.
(b) This Agreement does not evidence a partnership or joint venture between the Consultant and the Successor Agency. The Consultant shall have no authority to bind the Successor Agency absent the Successor Agency’s express written consent. Except to the extent otherwise provided in this Agreement, the Consultant shall bear its own costs and expenses.
(c) Because of its status as an independent contractor, the Consultant and its officers, agents, and employees shall have no right to the employment rights and benefits available to Successor Agency employees, including without limitation any right to membership in the California Public Employees’ Retirement System. The Consultant shall be solely liable and responsible for all payroll and tax withholding and for providing to, or on behalf of, its employees all employee benefits, including without limitation health, welfare, and retirement benefits. The Consultant shall be solely responsible for, and shall indemnify, defend, and hold the Successor Agency harmless from, all matters relating to employment and tax withholding for and payment of the Consultant’s employees, including without limitation (i) compliance with Social Security and unemployment insurance withholding, payment of workers’ compensation benefits, and all other laws and regulations governing employee withholding, taxes, and payment; and (ii) any claim of right or interest in Successor Agency employment benefits, entitlements, programs, or funds, whether arising by reason of common law, de facto, leased, or co-employee rights 65 14
or any other theory. It is acknowledged that during the Term the Consultant may provide services to others unrelated to the Successor Agency or to this Agreement.

16. Notices
Any notice required or intended to be given to either Party under this Agreement shall be in writing and shall be deemed duly given if delivered personally, sent by a reputable overnight courier, or sent by United States registered or certified mail, postage prepaid, return receipt requested, addressed to the Party at the address set forth on the signature page of this Agreement or at such other address as the Parties may from time to time designate by written notice. Notices served by United States mail as described above shall be deemed sufficiently served or given at the time of mailing. Routine project correspondence may be transmitted by electronic mail to the addresses set forth on the signature page.

17. Binding Effect
Subject to Section 18, once this Agreement is signed by all Parties it shall be binding upon, and shall inure to the benefit of, all Parties and their respective heirs, successors, assigns, transferees, agents, servants, employees, and representatives.

18. Assignment
(a) This Agreement is personal to the Consultant, and there shall be no assignment by the Consultant of its rights or obligations under this Agreement without the prior written approval of the Administrator. Any attempted assignment by the Consultant, its successors, or assigns shall be null and void unless approved in writing by the Administrator.
(b) The Consultant agrees not to assign the payment of any monies due from the Successor Agency under this Agreement to any other individual, corporation, or entity. The Successor Agency retains the right to pay any and all monies due the Consultant directly to the Consultant.

19. Compliance With Law
In providing the Services required under this Agreement, the Consultant shall at all times comply with all applicable laws of the United States, the State of California, and the Successor Agency, and with all applicable regulations promulgated by federal, state, regional, or local administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the Term.

20. Waiver
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The waiver by either Party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision. No provision of this Agreement may be waived unless in writing and signed by all Parties. Waiver of any one provision shall not be deemed a waiver of any other provision.

21. Governing Law and Venue
This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, excluding any applicable conflict-of-laws rules. Venue for any action regarding the enforcement or interpretation of this Agreement, and any rights and duties hereunder, shall be Merced County, California.

22. Headings
The section headings in this Agreement are for convenience and reference only and shall not be construed or held in any way to explain, modify, or add to the interpretation or meaning of the provisions of this Agreement.

23. Severability
The provisions of this Agreement are severable. The invalidity or unenforceability of any one provision shall not affect the other provisions. If any portion of this Agreement is held invalid under any applicable statute or rule of law, then such portion only shall be deemed invalid, and the Parties shall agree, if reasonably practicable, upon a provision that is equivalent from an economic point of view to replace the provision determined to be invalid.

24. Interpretation
The Parties acknowledge that this Agreement in its final form is the result of the combined efforts of the Parties and that, should any provision be found ambiguous, such ambiguity shall not be resolved by construing this Agreement in favor of or against either Party, but rather by construing the terms in accordance with their generally accepted meaning.

25. Attorney’s Fees
If either Party is required to commence any proceeding or legal action to enforce or interpret any term, covenant, or condition of this Agreement, the prevailing Party in such proceeding or action shall be entitled to recover from the other Party its reasonable attorney’s fees and legal expenses.

26. Exhibits
Each exhibit and attachment referenced in this Agreement is, by reference, incorporated into and made a part of this Agreement.
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27. Precedence of Documents
(a) In the event of any conflict between the body of this Agreement and any exhibit or attachment hereto, the terms and conditions of the body of this Agreement shall control and take precedence. Any terms or conditions contained within any exhibit or attachment that purport to modify the allocation of risk between the Parties provided for within the body of this Agreement shall be null and void.
(b) The Parties acknowledge that professional standards require the Consultant to agree upon the terms of each audit engagement with Successor Agency management in writing. Any engagement letter or similar document issued or countersigned in connection with the Services is accepted by the Successor Agency solely to satisfy those standards and is subject to this Agreement. In the event of any conflict between such a document and this Agreement, this Agreement shall control, and any provision of such a document that purports to limit the Consultant’s liability, require the Successor Agency to indemnify, defend, or hold harmless the Consultant, require arbitration, shorten any period for bringing claims, or otherwise modify the allocation of risk provided for in this Agreement shall be null and void.

28. Cumulative Remedies
No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity.

29. No Third-Party Beneficiaries
The rights, interests, duties, and obligations defined within this Agreement are intended for the specific Parties identified in the preamble. Notwithstanding anything stated to the contrary, it is not intended that any rights or interests in this Agreement benefit or flow to the interest of any third party, including without limitation any holder of bonds or other obligations of the Successor Agency and any affected taxing entity.

30. Complete Agreement
Each Party acknowledges that it has read and fully understands the contents of this Agreement.

This Agreement represents the entire and integrated agreement between the Parties with respect to the subject matter hereof and supersedes all prior negotiations, representations, or agreements, whether written or oral. This Agreement may be modified only by a written instrument duly authorized and executed by both the Successor Agency and the Consultant.

31. Counterparts and Electronic Signatures
This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Signatures transmitted by 68 17
facsimile or by electronic means, including signatures executed through a recognized electronic signature platform, shall be deemed original signatures for all purposes.

32. Contract Administration
(a) The Finance Director or designee shall be responsible for the administration of this Agreement on behalf of the Successor Agency.
(b) Nothing contained in this Section shall be construed to authorize the Administrator or designee to amend, cancel, waive, or otherwise modify any term of this Agreement, except to the extent such changes or modifications are expressly authorized by this Agreement.
(c) The Administrator may, in writing, reassign the administration of this Agreement to another department head.

33. Authority and Effective Date
(a) The Consultant and the Consultant’s signatories represent that the signatories hold the positions set forth below their signatures, that they are authorized to execute this Agreement on behalf of the Consultant, and that their execution binds the Consultant hereto. Each person executing this Agreement on behalf of a Party represents and warrants that he or she is duly authorized to do so and that this Agreement constitutes the valid and binding obligation of that Party.
(b) The Administrator is authorized and directed to execute and implement this Agreement, subject to any approval required by the Los Banos Municipal Code or by City Council action.
(c) If no Effective Date is inserted in the preamble of this Agreement, the Effective Date shall be the latest date of execution set forth opposite the names of the signatories on the signature page. In the event the Consultant fails to set forth a date of execution opposite the name of the Consultant’s signatory, the Consultant authorizes the Successor Agency, by and through its representative, to insert as the date of execution the date on which this Agreement, as executed by the Consultant, is received by the Successor Agency. 69 18
[SIGNATURES APPEAR ON THE FOLLOWING PAGE]
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IN WITNESS WHEREOF, the Parties have executed this Agreement at Los Banos, California, as of the day and year first written above.

SUCCESSOR AGENCY TO THE LOS

BANOS REDEVELOPMENT AGENCY ,
a public body, corporate and politic
__________________________________
Nirorn Than, Executive Director
Date: ___________________
APPROVED AS TO FORM:
__________________________________
Mary Lerner, City Attorney
APPROVED AS TO INSURANCE:
__________________________________
Isabel Carlos, Risk Manager

PRICE PAIGE & COMPANY
a California corporation
__________________________________
Name: _________________________
Title: __________________________
(Board Chair, President, or Vice President)
Date: __________________
ADDRESSES FOR NOTICES:

SUCCESSOR AGENCY:

Successor Agency to the Los Banos
Redevelopment Agency
Attention: Executive Director
520 J Street
Los Banos, CA 93635
Phone: (209) 827-7000
Copies to: City Attorney
CONSULTANT:

Price Page & Company.

Attention: Josh Giosa
570 N. Magnolia Ave. Suite 100
Clovis, CA 93611
Phone: 559-299-9540
Email: [email protected]
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Attachments:

Exhibit A — Scope of Services and Schedule of Fees
Exhibit B — Insurance Requirements
Exhibit C — Auditor Independence and Conflict of Interest Certification

EXHIBIT A

SCOPE OF SERVICES AND SCHEDULE OF FEES

1. Project Overview
The Consultant shall perform independent audits of the financial statements of the Successor Agency to the Los Banos Redevelopment Agency for the fiscal years ended or ending June 30, 2024, and 2025. For each Audit Year, the Consultant shall issue a separate set of audited financial statements of the Successor Agency and the related reports described below. The Consultant shall give priority to the 2023-24, 2024-25, and 2025-26 Audit Years so as to bring the Successor Agency current on its audit obligations as expeditiously as possible.

2. Services
(a) Planning and Coordination. For each Audit Year, the Consultant shall conduct an entrance conference with the Administrator and Finance staff; provide a written list of the schedules, reconciliations, and records to be prepared or furnished by Successor Agency staff (the “PBC List”) at least thirty (30) days before fieldwork; and establish fieldwork dates and a reporting timeline consistent with Section C. The Consultant shall review prior audit reports, the Successor Agency’s Recognized Obligation Payment Schedules and administrative budgets, and records of Redevelopment Property Tax Trust Fund distributions to the extent relevant to the audit, and shall coordinate this work with the audit of the Successor Agency’s basic financial statements, which include the Successor Agency’s activities, to avoid duplication of effort.
(b) Financial Statement Audit. For each Audit Year, the Consultant shall audit the financial statements of the Successor Agency in accordance with auditing standards generally accepted in the United States of America and Government Auditing Standards, and shall express an opinion as to whether the financial statements are presented fairly, in all material respects, in accordance with accounting principles generally accepted in the United States of America as promulgated by the Governmental Accounting Standards Board. The audit shall include such tests of the Successor Agency’s accounting records, including receipts from the Redevelopment Property Tax Trust Fund, payments of enforceable obligations, and debt service on outstanding bonds, and such other auditing procedures, as the Consultant considers necessary in the circumstances. If the Consultant anticipates issuing any opinion other than an unmodified opinion, it shall notify the Administrator in writing, with the reasons, before the report is issued. 72 21
(c) Report on Internal Control and Compliance. For each Audit Year, the Consultant shall issue a report on internal control over financial reporting and on compliance and other matters based on an audit of financial statements performed in accordance with Government Auditing Standards.
(d) Communications With Management and the City Council. For each Audit Year, the Consultant shall communicate in writing (i) to the City Council, acting as the Board of the Successor Agency, as those charged with governance, all matters required by professional standards; (ii) any significant deficiencies and material weaknesses in internal control identified during the audit; and (iii) in a management letter, any other recommendations for improving internal control or operating efficiency. The Consultant shall discuss all findings and recommendations with the Administrator before issuance and shall give Successor Agency management the opportunity to include written responses.
(e) Financial Statement Preparation Assistance. Upon the Successor Agency’s request, and only to the extent permitted by Section 6 of the Agreement and applicable independence standards, the Consultant shall assist in preparing the draft financial statements and notes of the Successor Agency and shall propose any necessary adjusting journal entries. Successor Agency management shall review, approve, and accept responsibility for all such work.
(f) Presentation of Results. Upon the Administrator’s request, the Consultant shall attend one meeting of the City Council per Audit Year, in person or remotely as the Administrator directs, to present the audit results and answer questions. (g) Deliverables. For each Audit Year, the Consultant shall deliver to the Successor Agency:
(i) draft reports for management review at least ten (10) business days before the scheduled issuance date; (ii) the audited financial statements of the Successor Agency with the independent auditor’s report; (iii) the report described in Section 2(c); (iv) the written communications described in Section 2(d); (v) a schedule of all recorded audit adjustments and of uncorrected misstatements; and (vi) the final reports in searchable electronic (PDF) format and in [three (3)] printed copies.

3. Schedule
Task / Deliverable Responsible Party Date
Most recent peer review report,
Exhibit C certification, and
certificates of insurance
delivered
Consultant Prior to execution of the
Agreement
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Task / Deliverable Responsible Party Date
Engagement letter for each
Audit Year
Consultant / Successor Agency Before fieldwork for that Audit Year
Entrance conference and PBC
List — 2023-24, 2024-25, and
2025-26 Audit Years
Consultant / Successor Agency [INSERT]
PBC List items delivered —
2023-24, 2024-25, and 2025-26
Audit Years
Successor Agency [INSERT]
Final reports issued — 2023-24
Audit Year
Consultant [INSERT]
Final reports issued — 2024-25
Audit Year
Consultant [INSERT]
Final reports issued — 2025-26
Audit Year
Consultant [INSERT]
If the Successor Agency does not deliver the PBC List items for an Audit Year by the agreed date, the Consultant’s issuance date for that Audit Year shall be extended by a corresponding period.

4. Successor Agency Responsibilities
The Successor Agency shall: (i) provide the Consultant with timely access to all records, documents, systems, and personnel necessary for the audits, including records received from the Los Banos Designated Local Authority; (ii) prepare and deliver the PBC List items by the agreed dates; (iii) designate an individual with suitable skill, knowledge, or experience to oversee any services under Section 2(e) and accept responsibility for the results of those services; (iv) provide management representation letters as required by professional standards; (v) remain responsible for the preparation and fair presentation of the Successor Agency’s financial statements and for the design, implementation, and maintenance of internal control; (vi) provide reasonable workspace for on-site fieldwork; and (vii) designate a single point of contact for the Project.

5. Basis of Compensation
(a) Fees for each Audit Year shall be billed at the hourly rates set forth in Section 6 as the work is performed, and shall not exceed the Annual Not-to-Exceed Amount for that Audit Year set forth in Section 6.
(b) Each Annual Not-to-Exceed Amount is inclusive of all of the Consultant’s labor, materials, travel, mileage, lodging, meals, printing, report production, technology fees, and other expenses. The Successor Agency shall not be invoiced separately for any expense of the Consultant.
74 23
(c) Each Annual Not-to-Exceed Amount covers all Services described in Section 2 for that Audit Year, including planning, fieldwork, the audit reports, the report on internal control and compliance, the written communications, financial statement preparation assistance, one presentation of results, and all deliverables.
(d) Payments for an Audit Year are subject to the ninety percent (90%) limitation in Section 3(c) of the Agreement until the final reports for that Audit Year are issued. (e) If the Consultant determines that the condition of the Successor Agency’s records or other circumstances not reasonably foreseeable will require work beyond the Services, the Consultant shall notify the Administrator in writing before performing that work, describing the circumstances and the estimated additional cost. No additional compensation shall be paid absent a written amendment under Section 3(d) of the Agreement.
(f) No change in the time required to complete an audit, the Consultant’s staffing, or the Consultant’s internal costs shall give rise to any adjustment in compensation.

6. Schedule of Fees and Expenses
Audit Year Fiscal Year Ended Annual Not-to-Exceed Amount 2023-24 June 30, 2024 $15,000.00
2024-25 June 30, 2025 $15,000.00
2025-26 June 30, 2026 $15,000.00
Total Not to Exceed $45,000.00
Consultant travel and expenses are included in each Annual Not-to-Exceed Amount.

The following hourly rates apply to billing within each Annual Not-to-Exceed Amount under Section 5(a). Additional services requested by the Successor Agency beyond the scope described in this Exhibit A, including consultation or expert testimony in excess of the hours provided at no charge under Section 8(d) of the Agreement, shall be performed only pursuant to a written amendment executed under Section 3(d) of the Agreement, and shall be billed at the same rates.

Classification 2023-24 through 2025-26 Audit Years
Partner $________
Manager $________
Supervisor / Senior Auditor $________
Staff Auditor $________
75 24
Classification 2023-24 through 2025-26 Audit Years
Administrative Support $________
Expert witness testimony and
deposition
$________
The Consultant’s proposal for the Project is attached to and incorporated into this Exhibit A.

In the event of a conflict between the proposal and the terms of this Exhibit A or the body of the Agreement, this Exhibit A and the body of the Agreement shall control. 76 25

EXHIBIT B

INSURANCE REQUIREMENTS

MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:

1. The most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01, providing liability coverage arising out of the Consultant’s business operations. The Commercial General Liability policy shall be written on an occurrence form and shall provide coverage for “bodily injury,” “property damage,” and “personal and advertising injury,” with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Agreement), with limits of liability not less than those set forth under “Minimum Limits of Insurance.”

2. The most current version of Commercial Auto Coverage Form CA 00 01, providing liability coverage arising out of the ownership, maintenance, or use of automobiles in the course of the Consultant’s business operations. The Automobile policy shall be written on an occurrence form and shall provide coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1 — Any Auto). If the Consultant owns no automobiles, coverage for hired and non-owned automobiles (Codes 8 and 9) shall satisfy this requirement.

3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability insurance.

4. Professional Liability (Errors and Omissions) insurance appropriate to the Consultant’s profession, covering the audit and attest services performed under the Agreement.

MINIMUM LIMITS OF INSURANCE
The Consultant, and any party with which the Consultant subcontracts, shall maintain limits of liability of not less than those set forth below. However, insurance limits available to the Successor Agency, and its officers, officials, employees, agents, and volunteers as additional insureds shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named insured:

Coverage Minimum Limit
Commercial General Liability — per occurrence,
bodily injury and property damage
$2,000,000
Commercial General Liability — per occurrence,
personal and advertising injury
$2,000,000
Commercial General Liability — products and
completed operations aggregate
$4,000,000
77 26
Coverage Minimum Limit
Commercial General Liability — general
aggregate (applying separately to work under the
Agreement)
$4,000,000
Automobile Liability — combined single limit $1,000,000 Workers’ Compensation Statutory
Employer’s Liability — each accident, bodily
injury
$1,000,000
Employer’s Liability — disease, each employee $1,000,000 Employer’s Liability — disease, policy limit $1,000,000 Professional Liability (Errors and Omissions) —
per claim/occurrence
$2,000,000
Professional Liability (Errors and Omissions) —
policy aggregate
$4,000,000

UMBRELLA OR EXCESS INSURANCE
If the Consultant purchases an umbrella or excess insurance policy to meet the Minimum Limits of Insurance, that policy shall “follow form” and afford no less coverage than the primary policy.

Such umbrella or excess policy shall also apply on a primary and non-contributory basis for the benefit of the Successor Agency, and its officers, officials, employees, agents, and volunteers.

DEDUCTIBLES AND SELF-INSURED RETENTIONS
The Consultant shall be responsible for payment of any deductibles and any self-insured retentions contained in any required policy. Any deductibles or self-insured retentions must be declared on the Certificate of Insurance and approved by the City’s Risk Manager or designee.

At the option of the City’s Risk Manager or designee, either (i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the Successor Agency, and its officers, officials, employees, agents, and volunteers; or (ii) the Consultant shall provide a financial guarantee, satisfactory to the City’s Risk Manager or designee, guaranteeing payment of losses and related investigations, claim administration, and defense expenses. At no time shall the Successor Agency be responsible for payment of any deductible or self-insured retention.

OTHER INSURANCE PROVISIONS AND ENDORSEMENTS
The General Liability and Automobile Liability policies shall contain, or be endorsed to contain, the following provisions:

1. The Successor Agency, and its officers, officials, employees, agents, and volunteers are to be covered as additional insureds. The Consultant shall establish additional insured status for the Successor Agency and for all ongoing and completed operations by use of 78 27
ISO Form CG 20 10 11 85, or by both CG 20 10 04 13 and CG 20 37 04 13, or by an executed manuscript insurance company endorsement providing additional insured status as broad as that contained in ISO Form CG 20 10 11 85.

2. The coverage shall contain no special limitations on the scope of protection afforded to the Successor Agency, and its officers, officials, employees, agents, and volunteers. Any available insurance proceeds in excess of the specified minimum limits and coverage shall be available to the additional insureds.

3. For any claims relating to the Agreement, the Consultant’s insurance shall be primary with respect to the Successor Agency, and its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the Successor Agency shall be excess of the Consultant’s insurance and shall not contribute with it. The Consultant shall establish primary and non-contributory status using ISO Form CG 20 01 04 13 or an executed manuscript endorsement as broad as that form.

The Workers’ Compensation policy shall contain, or be endorsed to contain, a provision that the Consultant and its insurer waive any right of subrogation against the Successor Agency, and its officers, officials, employees, agents, and volunteers.

If the Professional Liability (Errors and Omissions) policy is written on a claims-made form:

1. The retroactive date must be shown and must be before the Effective Date of the Agreement or the commencement of work by the Consultant.

2. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5) years after completion of the work or termination of the Agreement, whichever occurs first; or, in the alternative, the policy shall be endorsed to provide not less than a five (5) year discovery period.

3. If coverage is canceled or non-renewed and not replaced with another claims-made policy with a retroactive date prior to the Effective Date or the commencement of work, the Consultant must purchase extended reporting coverage for a minimum of five (5) years after completion of the work or termination of the Agreement, whichever occurs first.

4. A copy of the claims reporting requirements must be submitted to the Successor Agency for review.

5. These requirements shall survive expiration or termination of the Agreement.

Each policy required by this Agreement shall contain, or shall otherwise provide for, the following condition:
“This insurance shall not be cancelled, except for non-payment of premium with ten (10) days’ notice, until after thirty (30) days’ prior written notice has been given to the Risk Manager, City of Los Banos, 520 J Street, Los Banos, CA 93635.” The Consultant is also responsible for providing written notice to the Successor Agency under the same terms and conditions. Upon issuance of any notice of cancellation, non-renewal, or reduction in coverage or limits, the Consultant shall furnish the Successor Agency with a new certificate and applicable endorsements. The Consultant shall furnish a certificate evidencing renewal not less than fifteen (15) calendar days prior to the expiration date of any expiring policy.
79 28
Should any required policy, other than the Professional Liability (Errors and Omissions) policy, provide that defense costs are paid within the limits of liability, thereby reducing the available limits by any defense costs, the requirement for the limits of liability of that policy shall be twice the limits stated above.

VERIFICATION OF COVERAGE
The Consultant shall furnish the Successor Agency with all certificates and applicable endorsements effecting the coverage required hereunder. All certificates and applicable endorsements must be received and approved by the City’s Risk Manager or designee prior to the Successor Agency’s execution of the Agreement and before work commences. All non-ISO endorsements amending policy coverage shall be executed by a licensed and authorized agent or broker.

Alternative delivery schedule. At the discretion of the City’s Risk Manager or designee, and in lieu of the preceding paragraph, the Consultant shall deliver insurance certificates confirming the existence of the required insurance, including the applicable clauses referenced above, prior to commencing any work under this Agreement; and, within thirty (30) days of the Effective Date, shall provide the Successor Agency either (i) endorsements to the policies adding the applicable clauses referenced above, or (ii) in lieu of such endorsements, documentation acceptable to the Successor Agency evidencing that the coverage, terms, and conditions set forth in the abovereferenced clauses are otherwise included in the policies.

In the event a claim or other legal action is filed against the Successor Agency, and the Successor Agency in its good faith opinion believes it may have coverage under any insurance required herein, the Successor Agency has the right to demand, and to receive within a reasonable time period, copies of the insurance policies related to such required insurance; provided, however, that this provision shall not apply if the Parties agree that the Consultant shall fully defend, hold harmless, and indemnify the Successor Agency against such claim or legal action. Upon request, the Consultant shall furnish the Successor Agency with a complete copy of any required insurance policy, including all endorsements, certified by the underwriter as a true and correct copy of the original policy. This requirement shall survive expiration or termination of the Agreement.

REMEDIES FOR FAILURE TO MAINTAIN INSURANCE
In addition to any other remedies the Successor Agency may have if the Consultant fails to provide or maintain any insurance policy or policy endorsement to the extent and within the time required herein, the Successor Agency may, at its sole option: (A) order the Consultant to stop work under this Agreement and/or withhold any payment that becomes due to the Consultant until the Consultant demonstrates compliance with these requirements; or (B) terminate this Agreement. Exercise of either remedy is an alternative to other remedies the Successor Agency may have and is not the exclusive remedy for the Consultant’s failure to maintain insurance or secure appropriate endorsements. Nothing contained herein shall be construed as limiting in any way the extent to which the Consultant may be held responsible for payment of damages to 80 29
persons or property resulting from the Consultant’s, or its subcontractors’, performance of the work covered under this Agreement.

SUBCONTRACTORS
If the Consultant subcontracts any or all of the Services, the Consultant shall require, at the discretion of the City’s Risk Manager or designee, that the subcontractor enter into a separate side agreement with the Successor Agency providing the required indemnification and insurance protection. Any required side agreement and associated insurance documents must be reviewed and preapproved by the City’s Risk Manager or designee. If no side agreement is required, the Consultant shall require and verify that subcontractors maintain insurance meeting all requirements stated herein, and the Consultant shall ensure that the Successor Agency, and its officers, officials, employees, agents, and volunteers are additional insureds. Subcontractors’ certificates and endorsements shall be on file with the Consultant and the Successor Agency prior to commencement of any work by the subcontractor. 81 30

EXHIBIT C

AUDITOR INDEPENDENCE AND CONFLICT OF INTEREST CERTIFICATION I certify, under penalty of perjury under the laws of the State of California, that:

1. I have read and understand Sections 6, 7, and 12 of the Agreement referenced above, concerning auditor independence and peer review, confidential information, and conflicts of interest.

2. The Consultant, and each individual who will perform the Services, is independent of the City of Los Banos and the Successor Agency to the Los Banos Redevelopment Agency within the meaning of the AICPA Code of Professional Conduct and Government Auditing Standards, and will remain so throughout the Term.

3. The Consultant has not provided, and will not provide during the Term, any nonattest service to the City or the Successor Agency that impairs its independence, and will document its evaluation of any nonattest service it provides as required by Section 6(b) of the Agreement.

4. Neither the Consultant nor any individual who will perform the Services has any financial interest, as defined by California Government Code section 87100 et seq., that would be materially affected by the audits, or any interest in the Agreement prohibited by California Government Code section 1090 et seq.

5. The Consultant has provided the Successor Agency with a copy of its most recent external peer review report, and the rating and date of that report are stated below.

6. Neither the Consultant nor any individual identified in Section 5 of the Agreement is currently subject to any disciplinary action, or any suspension, revocation, or restriction of a license, permit, or registration, by the California Board of Accountancy or any other licensing or regulatory body, except as disclosed below.

7. I will immediately notify the Successor Agency in writing of any change in the facts certified above.

Disclosures (if none, state “None”)
Signature: ______________________________
Print Name: ______________________________
Title / Role in Engagement: ______________________________ Firm: Price Paige & Company
Date: ____________________
82 Agenda Staff Report
TO: Mayor Amabile & City Council Members
FROM: Soknirorn Than, City Manager
DATE: October 21, 2026
TYPE OF REPORT: Agenda Item
SUBJECT: Review and Provide Direction on the FY 2026 – 2027 Community Benefit Grant Program and Authorization to Release a Notice of Funding Availability (NOFA)
______________________________________________________________________ Recommendation:

Staff recommends that the City Council:

1. Review and provide direction on the proposed FY 2026-27 Community Benefit Grant Program.

2. Confirm the proposed Grant Selection Committee members.

3. Authorize staff to release the Notice of Funding Availability (NOFA) and begin accepting applications for the FY 2026-27 grant cycle.

Background:

Community benefit organizations, nonprofit agencies, volunteer groups, educational organizations, and service organizations routinely provide programs and services that supplement municipal services and contribute significantly to the quality of life within Los Banos. These organizations frequently deliver youth programming, senior services, community events, educational opportunities, wellness activities, neighborhood improvement projects, cultural events, and economic development initiatives that benefit City residents.

Historically, requests for City financial support have often been limited and considered on an individual basis. While this approach allows flexibility, it can create challenges in ensuring funding decisions are evaluated consistently and transparently. The proposed Community Benefit Grant Program establishes a formalized process with clear eligibility LOsBanos
At the Crossroads of California
83 ITEM 7
requirements, competitive scoring criteria, public accountability measures, and defined funding priorities.

The program has been developed to encourage organizations to demonstrate community impact, leverage volunteer resources, leverage outside funding, develop measurable outcomes, and strengthen partnerships that advance community goals.

Discussion:

The proposed Community Benefit Grant Program is intended to invest in organizations, projects, services, programs, and events that strengthen Los Banos and improve the quality of life for residents. The program specifically encourages initiatives that foster community engagement, civic pride, volunteerism, neighborhood connections, youth development, senior services, recreation opportunities, economic vitality, public safety education, and services for underserved populations.

The City's investment is intended to serve as a catalyst by leveraging community partnerships, volunteer contributions, sponsorships, donations, and other external resources to maximize the public benefit generated from this grant funding.

The proposed program establishes an annual funding allocation of $50,000 starting in FY 2026-27. Grant awards may range from $500 to $10,000 depending on the scope and community benefit of the proposed project. To encourage broad participation and fair distribution of funding, no single applicant may receive more than $10,000.00.

Funding would be available to nonprofit organizations, educational organizations, community service organizations, veterans organizations, senior-serving organizations, arts and cultural organizations, youth organizations, neighborhood associations, business associations, and other community-serving entities that provide direct benefits to Los Banos residents.

Eligible projects or programs include:
• Community events and festivals;
• Youth development programs;
• Senior services;
• Arts and cultural programs;
• Economic development initiatives;
• Community health and wellness programs;
• Neighborhood improvement projects; and
• Volunteer driven activities that enhance community engagement.

The proposed program includes a comprehensive scoring system designed to evaluate applications based on community benefit, public impact, economic development, volunteerism, organizational capacity, leveraging of outside funding, alignment with City goals, and measurable outcomes.

The scoring criteria prioritize programs that:
84 • Serve large numbers of Los Banos residents;
• Are broadly accessible to the public;
• Promote local economic activity;
• Support volunteer engagement;
• Leverage outside funding and partnerships;
• Advance City priorities; and
• Demonstrate measurable results and accountability
The proposed program establishes a five-member Grant Selection Committee consisting of:
• Two City Council Members;
• One Parks and Recreation Commission Member;
• One Planning Commission Member; and
• One City Staff Representative.

The committee would review and score applications using the adopted evaluation criteria and forward funding recommendations to the City Council for final consideration and approval. This structure provides representation from elected officials, community advisory commissions, and City administration while maintaining a manageable review process appropriate for the program.

To ensure responsible stewardship of public funds, grant recipients will be required to submit a final report documenting project accomplishments, community participation, financial expenditures, volunteer contributions, and measurable outcomes. The program also includes provisions allowing the City to seek reimbursement for funds that are not used for approved purposes.

Fiscal Impact:

The proposed FY 2026-27 Community Benefit Grant Program allocates up to $50,000 in available funding for grant awards. This funding is budgeted for in the FY 2026-2027 budget in the General Fund account 100-410-100-273. Administrative costs associated with program management are anticipated to be absorbed within existing departmental budgets.

_______________________________
Minerva Moreno, Finance Director
Attachment:

1. Draft FY2026-2027 Community Benefit Grant Program
85 THIS PAGE IS INTENTIONALLY LEFT BLANK
86 CITY OF LOS BANOS
Community Benefit
Grant Program
2027
––
–––
Vision Statement
Investing in community partnerships that
enrich lives, strengthen connections, and
enhance the quality of life for all who call Los
Banos home.

Mission Statement
The mission of the Community Benefit Grant
Program is to support and encourage
community-led initiatives that provide
measurable public benefits, foster civic
engagement, promote volunteerism,
strengthen local services, and contribute to a
vibrant, and prosperous Los Banos.
87 Table of Contents
2027 City of Los Banos Community Benefit Grant Program.............................................. 2 I. Purpose ............................................................................................................. 2 II. Eligibilities ......................................................................................................... 3 III. Ineligible Activities/Programs .............................................................................. 4 IV. Grant Categories ................................................................................................ 4 V. Funding Priorities................................................................................................ 4 VI. Timeline............................................................................................................. 5 Appendix A – Evaluation and Scoring Criteria............................................................... 6 Appendix B – Grant Reporting Requirements .............................................................13 Appendix C – Application and Submission Requirements...........................................17 88 2027 City of Los Banos Community Benefit Grant
Program
Proposed FY 2026-27 Program Available Funding: $50,000
I. Purpose
The City of Los Banos Community Benefit Grant Program is established to invest in the organizations, events, and initiatives that make Los Banos a stronger, more vibrant, and more connected community. Through strategic partnerships with nonprofit organizations, civic groups, educational institutions, service clubs, business organizations, and community volunteers, the City seeks to support programs and activities that enhance quality of life, foster civic pride, strengthen neighborhoods, and create meaningful opportunities for residents to engage in our community.

Los Banos thrives when residents, businesses, volunteers, and community organizations work together toward shared goals. This grant program is intended to encourage that collaboration by providing financial support for projects and initiatives that deliver measurable public benefits, expand community services, and improve the overall wellbeing of our residents. Whether through youth programs, community events, educational opportunities, economic development initiatives, neighborhood improvement efforts, senior services, recreation programs, public safety outreach, or volunteer-driven projects, the City recognizes the critical role that community organizations play in building a healthy and resilient city.

The program is designed to advance activities that bring people together, strengthen community bonds, and create opportunities for residents to participate in shaping the future of Los Banos. Priority will be given to projects that demonstrate broad community impact, leverage volunteer resources, attract additional investment, support local businesses, and foster a sense of belonging among residents of all ages and backgrounds.

The City believes that public investment is most effective when it serves as a catalyst for community action. Accordingly, the Community Benefit Grant Program seeks to maximize the value of taxpayer resources by supporting organizations and initiatives that leverage partnerships, volunteerism, donations, sponsorships, and other non-City resources to achieve lasting and measurable outcomes.

Through this program, the City of Los Banos affirms its commitment to:
• Encouraging community engagement and civic participation. • Supporting programs that improve the quality of life for residents. • Strengthening nonprofit and volunteer organizations that serve the community. 89 • Promoting economic vitality and support for local businesses. • Expanding opportunities for youth, families, seniors, and underserved populations. • Fostering cultural, educational, recreational, and community enrichment activities. • Building partnerships that contribute to a safer, healthier, and more connected community.
• Enhancing community pride and preserving the unique character of Los Banos.

Ultimately, the Community Benefit Grant Program is intended to empower local organizations and residents to transform ideas into action, strengthen community connections, and contribute to making Los Banos an even better place to live, work, learn, and raise a family.

II. Eligibilities
Applicants must meet one of the following criteria:

1. Priority Applicants
A. 501(c)(3) nonprofit organizations
B. Educational organizations
C. Community service organizations
D. Veteran organizations
E. Arts and cultural organizations
F. Youth sports and recreation organizations
G. Organizations serving individuals with disabilities
H. Senior and aging services organizations

2. Other Eligible Applicants
A. Business associations
B. Community coalitions
C. Faith-based organizations for secular public benefit activities D. Neighborhood associations
E. Event organizers providing significant public benefit Applicants must:

A. Serve Los Banos residents.

B. Be in good standing with all local, state, and federal requirements.

C. Have no outstanding debts or compliance issues with the City. 90 III. Ineligible Activities/Programs
The following programs/activities are not eligible for funding:

A. Political campaigns or lobbying activities
B. Religious worship or proselytizing
C. Scholarships payable to individuals
D. Activities benefiting a single private business
E. Fundraising activities
F. Activities that primarily duplicate existing City programs G. Events already sponsored by the City
IV. Grant Categories
Category Typical Award
Community Events $500 - $10,000
Youth Development Programs $500 - $10,000
Senior Services $500 - $10,000
Arts & Cultural Activities $500 - $10,000
Economic Development Initiatives $500 - $10,000
Neighborhood Improvement Projects $500 - $10,000
Community Health & Wellness Programs $500 - $10,000
No single applicant/organization may receive more than 20% of the total annual allocation ($10,000).

V. Funding Priorities
Activities/Programs should demonstrate one or more of the following:

1. High Priority
A. Broad community participation within the City Limit
B. Economic activity within Los Banos
C. Youth engagement
D. Senior services
E. Community beautification
F. Recreation opportunities
G. Public safety education
H. Volunteer engagement
91 2. Additional Priority
A. Collaboration among multiple organizations
B. Matching funds secured from other sources
C. Underserved populations per the City General Plan: Environmental Justice Element
D. Measurable community outcomes
VI. Timeline
Due Date Description
12/01/2026 Release Notice of Funding Availability (NOFA) 12/10/2026 Grant Kick-off Meeting (in-person or virtual) time TBD 12/15/2026 Questions/Technical Assistance Request
01/05/2027 Grant Application Due by 2:00 PM (PDT)
01/19/2027 Selection Committee’s Evaluation of Applications and selection of applicants for Council’s consideration
02/03/2027 Council to conder Selection Committee’s recommendation 02/04/2027 Contract award date
12/31/2027 Deadline to complete all activities/programs awarded 01/31/2028 Deadline to submit final report
92 Appendix A – Evaluation and Scoring Criteria
Total Possible Points: 100

1. Community Benefit and Public Impact (25 Points)
Evaluates overall benefit to Los Banos residents.

Rating Area Points
Number of residents served 0-10
Community-wide accessibility 0-10
Overall public benefit 0-5
Maximum: 25 points
A. Number of Residents Served
a. 0-2 Points: Benefits fewer than 50 residents.
b. 3-5 Points: Benefits 50-250 residents.
c. 6-8 Points: Benefits 251-1,000 residents.
d. 9-10 Points: Benefits more than 1,000 residents or a substantial portion of the community.

B. Community-Wide Accessibility
a. 0-2 Points: Limited access or invitation-only participation. b. 3-5 Points: Accessible to a specific group or neighborhood. c. 6-8 Points: Open to the public with minimal barriers. d. 9-10 Points: Broadly accessible and actively engages diverse populations C. Overall Public Benefit
a. 5 Points
i. Improves quality of life.
ii. Addresses community needs.
iii. Provides educational, recreational, cultural, or social benefits. iv. Creates lasting community impact.
b. 3 Points
i. Small and limited program/activity serving a limited audience. c. 1 Point
i. Activity with minimal lasting public value.
93 2. Economic Development Impact (20 Points)
Evaluates the project's contribution to local economic activity.

Rating Area Points
Generates local spending 0-10
Supports local businesses 0-5
Increases visitation/tourism 0-5
Maximum: 20 points
A. Generates Local Spending
a. 0-2 Points: Minimal economic impact.
b. 3-5 Points: Some spending generated.
c. 6-8 Points: Significant spending expected.
d. 9-10 Points: Major economic activity benefiting multiple sectors.

B. Supports Local Businesses
a. 5 Points
i. Local vendor participation.
ii. Business promotion.
iii. Business networking.
iv. Purchasing local goods and services.
b. 3 Points
i. Some local purchasing but limited business involvement. c. 1 Points
i. Little or no business connection.

C. Increases Visitation and Tourism
a. 5 Points
i. Event/activity drawing visitors from neighboring communities. b. 3 Points
i. Program with limited regional draw.
c. 1 Points
i. Serves only existing local participants.
94 3. Organizational Capacity and Nonprofit Status (10 Points) Evaluates the ability to successfully complete the project.

Rating Area Points
Nonprofit or public-service mission 0-5
Demonstrated experience 0-5
Maximum: 10 points
A. Nonprofit or Public Service Mission
a. 5 Points
i. Established nonprofit or public-service organization with a mission strongly aligned to community benefit.
b. 3 Points
i. Organization demonstrates a community-serving purpose but with limited documentation.
c. 1 Point
i. Community benefit is secondary to organizational activities.

B. Demonstrated Experience
a. 5 Points
i. Successfully hosted annual events for several years. b. 3 Points
i. Some experience but limited track record.
c. 1 Point
i. No demonstrated experience.

4. Volunteerism and Community Engagement (15 Points)
Evaluates civic involvement and volunteer participation.

Rating Area Points
Number of volunteers involved 0-5
Volunteer hours leveraged 0-5
Community partnerships 0-5
Maximum: 15 points
95 A. Number of Volunteers Involved
a. 0-1 Points: Fewer than 5 volunteers.
b. 2-3 Points: 5-20 volunteers.
c. 4-5 Points: More than 20 volunteers.

B. Volunteer Hours Leveraged
a. 1 Point: Less than 25 hours.
b. 3 Points: 25-100 hours.
c. 5 Points: More than 100 hours.

C. Community Partnerships
a. 5 Points
i. Partnership involving schools, nonprofits, businesses, and community groups.
b. 3 Points
i. Partnership between two organizations.
c. 1 Point
i. No demonstrated partnerships.

Bonus consideration is given to projects creating new volunteer opportunities.

5. Leveraging Other Funding Sources (10 Points)
Evaluates return on taxpayer investment.

Match Contribution Points
No match 0
Up to 25% match 3
26%-50% match 6
51%-100% match 8
More than 100% match 10
Maximum: 10 points
Eligible match:
• Cash contributions
• Sponsorships
• Documented in-kind services
• Volunteer labor
96 6. Alignment with City Goals (10 Points)
Evaluates consistency with City priorities.

Projects supporting one or more of the following:
• Community pride
o Examples:
 Community festivals.
 Holiday celebrations.
 Public art events.
• Public safety
o Examples:
 Traffic safety programs.
 Emergency preparedness training.
 Youth anti-violence initiatives.
• Youth development
o Examples:
 After-school programs.
 Mentorship programs.
 Youth leadership academies.
• Recreation (program/activity that is not already provided by the City) o Examples:
 Sports programs.
 Outdoor recreation events.
 Community wellness activities.
• Economic vitality
o Examples:
 Entrepreneurship training.
 Business educational outreach.
 Business fairs.
 Tourism promotion.
• Neighborhood enhancement
o Examples:
 Community cleanups.
 Beautification projects.
 Neighborhood engagement initiatives.
97 • Civic engagement
o Examples
 Volunteer programs.
 Leadership development.
 Community outreach and education.

Maximum: 10 points

7. Measurable Outcomes and Accountability (10 Points)
Projects should demonstrate measurable success indicators.

Examples:
• Attendance numbers
• Volunteer hours
• Businesses benefited
• Youth participants
• Program completion rates
Maximum: 10 points
A. 8-10 Points
• Specific, measurable outcomes with strong reporting plan. • Clear performance metrics and deliverables.

B. 5-7 Points
• Identifies outcomes but reporting methods are less detailed.

C. 1-4 Points
• Limited measurable outcomes identified.

Scoring Summary
Criteria Weight
Community Benefit & Public Impact 25
Economic Development 20
Organizational Capacity / Nonprofit Status 10
98 Volunteerism & Community Engagement 15
Matching Funds / Leveraging Resources 10
Alignment with City Goals 10
Measurable Outcomes 10
TOTAL 100
Funding Recommendations
Score Recommendation
90-100 Strongly Recommend Full Funding
80-89 Recommend Funding
70-79 Consider Partial Funding
60-69 Limited Funding if Funds Remain
Below 60 Not Recommended
99 Appendix B – Grant Reporting Requirements
The purpose of post-award reporting is to ensure accountability, transparency, and stewardship of public funds. Reporting requirements allow the City to evaluate the effectiveness of funded programs, measure community benefits achieved, verify the appropriate use of grant funds, and document the return on investment provided to Los Banos residents.

All grant recipients shall submit a final grant report within sixty (60) calendar days following completion of the funded project, event, or program, unless an alternative reporting deadline is approved in writing by the City.

Failure to submit required reports may result in disqualification from future grant opportunities and may require partial or full reimbursement of awarded funds.

Recipients must submit within 60 days of project completion:
• Final report
• Financial summary
• Attendance/participation data
• Volunteer hours documentation
• Marketing materials showing City sponsorship
• Photographs (if applicable)
The City may require reimbursement for funds used outside approved purposes. 100
Final Report Template
Grant Recipient Organization: ____________________________________ Project Name: ____________________________________
Grant Award Amount: ____________________________________ Project Completion Date: ____________________________________ Primary Contact: ____________________________________
Title: ____________________________________
Phone: ____________________________________
Email: ____________________________________
Section 1 – Project Summary
Briefly describe the project, event, or program that was completed. ________________________________________________________________________________ ________________________________________________________________________________ Describe how the City grant funds helped make the project possible. ________________________________________________________________________________ ________________________________________________________________________________ Was the project completed as proposed in the grant application? Yes/No. If no, explain changes.
________________________________________________________________________________ ________________________________________________________________________________ Section 2 – Community Impact
How did the project benefit Los Banos residents?
________________________________________________________________________________ ________________________________________________________________________________ Which community groups were served?
________________________________________________________________________________ ________________________________________________________________________________ 101
Approximately how many residents benefited?
________________________________________________________________________________ ________________________________________________________________________________ Describe notable successes.
________________________________________________________________________________ ________________________________________________________________________________ Section 3 – Performance Measures
Attendance and participation metrics table attached as needed. ________________________________________________________________________________ ________________________________________________________________________________ Section 4 – Volunteerism and Community Engagement
Number of volunteers and volunteer hours.
________________________________________________________________________________ ________________________________________________________________________________ Community partnerships and contributions.
________________________________________________________________________________ ________________________________________________________________________________ Section 5 – Financial Report
Project revenue summary.
________________________________________________________________________________ ________________________________________________________________________________ Project expense summary.
________________________________________________________________________________ ________________________________________________________________________________ Section 6 – Public Recognition of City Support
Describe recognition and attach examples.
102
________________________________________________________________________________ ________________________________________________________________________________ Section 7 – Photos and Supporting Materials
List attached supporting materials.
________________________________________________________________________________ ________________________________________________________________________________ Section 8 – Success Story
Share a testimonial or impact story.
________________________________________________________________________________ ________________________________________________________________________________ Section 9 – Feedback for the City
What worked well?
________________________________________________________________________________ ________________________________________________________________________________ Suggested improvements?
________________________________________________________________________________ ________________________________________________________________________________ Certification
I certify that the information contained in this report is true and accurate to the best of my knowledge.

Organization: ____________________________________
Authorized Representative: ____________________________________ Title: ____________________________________
Signature: ____________________________________
Date: ____________________________________
103
Appendix C – Application and Submission Requirements
To ensure consistency in the evaluating and scoring of proposals, all proposals MUST use the attached Scope of Work/Work Plan worksheet, Program/Project budget worksheet, and Organizational Budget worksheet. Applications that do not include ALL THREE worksheets will be disqualified.
104
Appendix D – Selection Committee Members
The Community Benefit Grant Selection Committee is established to provide a fair, transparent, and balanced review of grant applications and to make funding recommendations that support projects delivering meaningful benefits to the Los Banos community. The committee shall reflect the interests of the City's elected leadership, community advisory bodies, and municipal operations while ensuring that public funds are invested in projects that align with community priorities and provide measurable public value.

The Community Benefit Grant Selection Committee shall consist of five (5) voting members as follows:
• Two (2) members of the City Council
o To be appointed by the City Council
• One (1) member of the Parks and Recreation Commission o To be appointed by the Parks and Recreation Commission • One (1) member of the Planning Commission
o To be appointed by the Planning Commission
• One (1) City Staff Representative
o To be appointed by the City Manager
Terms and Appointments
Committee members shall serve concurrently with their appointed or elected positions.

If a vacancy occurs on the committee, a replacement shall be appointed from the same category of representation as soon as practicable.

The City Manager may appoint an alternate staff representative when necessary to ensure a quorum.

Conflict of Interest
Committee members shall disclose any actual, potential, or perceived conflict of interest involving a grant applicant.

A committee member shall not participate in discussion, scoring, or recommendations relating to any application in which the member:
• Has a financial interest;
105
• Serves as an officer, director, employee, or board member of the applicant organization; or
• Has an immediate family member affiliated with the applicant organization. • Any other provisions of the City Conflict of Interest Policy.

Any recusal shall be documented in the committee's records.

Staff Support
The City Manager may designate additional staff members to provide administrative support to the committee. Support staff may:
• Review applications for completeness and eligibility. • Prepare scoring materials.
• Coordinate committee meetings.
• Maintain records of committee recommendations.
• Assist with grant administration and reporting.

Support staff who are not appointed as committee members shall serve in a non-voting capacity.
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Agenda Staff Report
TO: Mayor Amabile and City Council Members
FROM: Stacy Souza Elms, Community and Economic Development Director DATE: October 21, 2026
TYPE OF REPORT: Agenda Item
SUBJECT: Economic Development Strategic Plan Priorities and City Council Input ______________________________________________________________________ Recommendation:

Staff recommends that the City Council provide input on priorities, goals, and initiatives to be included in the preparation of a comprehensive Economic Development Strategic Plan.

Background:

Economic development is critical to maintaining a strong local economy, creating jobs, expanding the City's tax base, and ensuring long-term fiscal sustainability.

Over the past several decades, the City of Los Banos has experienced significant growth and continues to be well-positioned for future economic development opportunities. The City's strategic location along State Route 152 and near Interstate 5 provides access to major transportation corridors and regional markets throughout California. As the community continues to grow, there is an opportunity to establish a clear vision for how the City can attract investment, support local businesses, create jobs, and strengthen its economic base.

While the City has ongoing economic development efforts and continues to work with businesses, developers, and regional partners to encourage investment and job creation, Los Banos has not previously adopted a comprehensive Economic Development Strategic Plan. The Plan would provide a coordinated framework for future economic development activities, establish measurable goals and priorities, and identify strategies LOsBanos
At the Crossroads of California
107
ITEM 8
that support business growth, employment opportunities, and long-term fiscal sustainability.

To help guide these efforts, staff will be preparing a Request for Proposal (RFP) to bring on a consulting firm to develop a comprehensive Economic Development Strategic Plan.

The Plan would serve as a roadmap for future economic development activities and identify strategies to support business attraction, business retention, workforce development, commercial growth, and long-term economic vitality.

Before beginning this effort, staff is seeking inputs from the City Council regarding the issues, opportunities, and priorities that should be included in the scope of work.

Discussion:

An Economic Development Strategic Plan helps identify a community's strengths, challenges, and opportunities, while outlining specific actions that can be taken to support economic growth. Strategies typically focus on business attraction, retail development, workforce opportunities, innovation, hospitality, and small business support.

As Los Banos begins considering its own Economic Development Strategic Plan, staff believes the following topics should be evaluated:

Business Attraction and Recruitment
• Identify industries that are a good fit for Los Banos. • Develop strategies to attract employers that provide quality jobs. • Market Los Banos as a desirable location for investment and business growth.

Business Retention and Expansion
• Work with existing businesses to understand challenges and opportunities. • Identify ways the City can support business growth and expansion. • Strengthen relationships with local employers and business organizations.

Retail and Commercial Development
• Identify opportunities to attract additional shopping, dining, and entertainment options.
• Fill gaps in services currently sought by residents outside the community. • Support investment in downtown and commercial corridors throughout the City.

Industrial, Manufacturing, and Logistics Opportunities
• Evaluate opportunities to attract industrial, manufacturing, agricultural support, and logistics-related businesses.
• Capitalize on the City's proximity to Interstate 5, State Route 152, and State Route 165.
• Support development that creates jobs and strengthens the local economy. • Attract industries that compliment and fill the service gap for existing businesses and surrounding industries.
108
Workforce Development
• Partner with local schools, colleges, and workforce development organizations. • Support training programs that connect residents with local employment opportunities.
• Identify workforce needs of existing and future employers.

Tourism and Hospitality
• Explore opportunities for hotels, restaurants, entertainment venues, and visitorserving businesses. • Promote local events and recreational assets.
• Identify ways to encourage visitors to stop, stay, and spend money in Los Banos. • Leverage opportunities provided by surrounding environment and open space.

Small Business Support
• Explore resources and programs that assist entrepreneurs and small businesses. • Identify opportunities to streamline City processes and reduce barriers to investment.
• Provide information and support to help businesses succeed.

Downtown Revitalization
• Continue efforts to support investment and economic activity in Downtown Los Banos.
• Encourage redevelopment of underutilized properties.
• Create a vibrant and attractive downtown environment for residents and visitors.

Infrastructure and Economic Growth
• Identify infrastructure improvements needed to support future development. • Evaluate transportation, utility, broadband, and site readiness needs. • Ensure economic development goals are coordinated with future capital improvement planning efforts.

Development Process Improvements
• Evaluate opportunities to streamline permit processing and development review procedures.
• Identify ways to improve predictability and customer service for businesses and developers.
• Recommend tools and policies that make Los Banos more competitive for investment.

Fiscal Sustainability
• Identify opportunities to diversify City revenues.
• Increase sales tax, property tax, and transient occupancy tax generation. • Support economic growth that helps fund City services over the long term. • Identify land uses and development opportunities that generate long-term positive fiscal impacts for the City.
109
• Evaluate the relationship between economic development, municipal revenues, and the cost of providing City services.

In addition to the topics listed above, staff is seeking City Council direction regarding the economic development initiatives that are most important to the future of Los Banos.

Given the City's strategic location, growth trends, and economic opportunities, the Strategic Plan could place a greater emphasis on one or more of the following focus areas:

• Identifying strategies to create more local employment opportunities and improve the balance between housing growth and job creation.
• Expanding employment opportunities along the Interstate 5 and State Route 152 corridor
• Supporting agribusiness, food processing, and agriculture-related industries • Attracting destination retail, restaurants, and entertainment uses that draw visitors from throughout the region
• Promoting tourism opportunities associated with the San Luis Reservoir, Pacheco Pass, and other regional attractions
• Identifying revenue-generating development opportunities that strengthen the City's tax base and reduce reliance on residential growth

The intent of the Strategic Plan is not simply to identify opportunities, but to develop a clear implementation roadmap that assigns priorities, identifies responsible parties, establishes timelines, and creates measurable performance indicators to track progress over time.

Staff is seeking City Council feedback on these topics, as well as any additional priorities, industries, or initiatives the Council would like included in the Economic Development Strategic Plan.

Next Steps
Following City Council discussion, staff will incorporate Council feedback into the scope of work for the preparation of the comprehensive Economic Development Strategic Plan.

The planning process would include data analysis, stakeholder outreach, business engagement, community input, and development of measurable goals and implementation strategies. Once a draft Plan is completed, it will be presented to the City Council for review and consideration.

Fiscal Impact:

Funding for preparation of the Economic Development Strategic Plan was identified as a project in Fiscal Year 2026-2027 annual budget (Account 100-419-100-269, Economic Development Projects). The final cost will depend on the scope of work and consultant procurement process. Staff will bring the award of contract through a Professional Services Agreement to the City Council for approval prior to issuance of award. 110
Reviewed by:

_______________________________ _______________________________ Soknirorn Than, City Manager Minerva Moreno, Finance Director 111

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112
Agenda Staff Report
TO: Mayor Amabile and City Council Members
FROM: Joe Heim, Parks and Recreation Director
DATE: October 21, 2026
TYPE OF REPORT: Agenda Item
SUBJECT: Aquatics Center Preliminary Planning and Community Survey Results ______________________________________________________________________ Recommendation:

Staff recommends that the City Council review the Aquatics Center planning update and community survey results and consider directing staff to proceed with further planning, including identifying a preferred location and refining the facility scope, funding plan and operational options.

Background:

Los Banos has been without a municipal swimming facility since the City’s public pool closed in 2009. Since that time, development of an Aquatics Center has remained a recurring community priority through public surveys, master planning efforts and discussions regarding future recreational improvements. Public swimming opportunities within Los Banos remain limited, requiring many residents to travel outside the community for swimming, lessons and aquatic recreation.

The 2018 Measure H outreach process found that 64% of respondents considered construction of a public pool important. The 2021 Parks Master Plan reinforced this priority, with 64.65% identifying construction of an Aquatics Center as the City’s most important next step and 61.98% valuing its development.

The need for aquatic recreation has grown alongside the community. The City’s population increased from 35,972 in 2010 to an estimated 48,896 in 2026, with a broader west-side regional service area of approximately 75,000 residents.

Children and teenagers represent a substantial share of the population, with approximately 11,200 students enrolled in local schools. A public Aquatics Center would LOsBanos
At the Crossroads of California
113
ITEM 9
provide a local resource for our residents while also serving adults, seniors, schools and community organizations.

The facility could provide several important community benefits:
• Public health and heat relief through swimming, physical activity and accessible water recreation during extended summer heat.
• Year-round recreation through an indoor pool, supplemented by seasonal outdoor swimming and splash pad use.
• Water safety education and swim lessons for children and adults. • Recreational and lap swimming for youth, families, adults and seniors. • Birthday parties, facility rentals, community events and group activities. • Group exercise, wellness programs and flexible classroom activities that complement aquatic programming.
• Community gathering space with shaded seating and opportunities for residents to participate at different ages and ability levels.

In August 2026, City staff and the Mayor toured aquatics facilities operated by the Salinas YMCA. The visits provided an opportunity to observe pool layouts, supporting spaces, programming and daily operations. Discussions with experienced operators helped identify considerations for staffing, maintenance, memberships, facility access and long-term financial sustainability.

Vanir, our construction management consultant, has assisted the City with preliminary programming and concept development. This work has included review of potential locations, indoor facility needs, outdoor amenities and preliminary construction costs.

Information from YMCA representatives has helped inform this review, although no operator or formal partnership has been selected.

The project was presented to the Parks and Recreation Commission on September 8, 2026, with a follow-up report prepared for its October 6, 2026 meeting. These reports addressed potential locations, facility programming and updated community input. The City also conducted a community survey from September 16 through October 4, 2026.

The findings are discussed below.

Discussion:

The project remains in preliminary planning. Staff is evaluating how to provide a useful and affordable public facility while balancing construction costs, available funding, operating requirements and opportunities for future expansion. Current planning focuses on an indoor Aquatics Center with parking and supporting spaces, with an outdoor pool and splash pad also under consideration.

The community survey received 1,194 responses. Results showed strong interest in a local Aquatics Center, particularly among families with children. Affordability, outdoor shaded seating, changing facilities and convenient access were important priorities, and the AG Sports Complex was the preferred location.
• Overall use: Approximately 95% of respondents were likely or very likely to use the facility. About 3% were unsure and fewer than 2% were unlikely to use it. 114
• Families with children: More than half of respondents had children ages 5–12 (54.5%). Households with children under five (34.4%) and teenagers (35.1%) were also well represented. Approximately 96%–98% of respondents in these groups were likely to use the facility, demonstrating strong demand for family recreation, swim lessons and water play.
• Adult and senior interest: Interest was also strong among households with adults ages 18–34, 35–54 and 55 and older. Approximately 97%–98% of respondents in each group were likely to use the facility, supporting opportunities for lap swimming, fitness and senior programming.
• Aquatic features: Recreational and family swimming was the most requested feature (74.4%). Other priorities included swim lessons (58.4%), an outdoor splash pad (57.4%), water slides and recreational water features (56.5%), and shallow play areas for young children (48.4%).
• Admission and membership fees: When an admission or membership fee was mentioned, likely use decreased from approximately 95% to 78%. Another 16% were unsure and approximately 5% were unlikely to use the facility. • Location preference: The AG Sports Complex was the preferred location (48.0%), followed by H Street between Second and Fourth Streets (20.6%) and the Henry Miller Plaza area (15.9%). Another 15.5% had no preference or were unsure.
• Supporting amenities: Outdoor shaded seating and gathering areas were the highest priority (78.1%), followed by family/private changing rooms (62.3%) and locker rooms with showers (56.9%). Other selections included concessions (31.7%), party and event rental spaces (30.2%), and spectator seating (19.5%). • Written comments: The survey received 368 written comments. Affordable pricing and discounts was the most common theme. Other concerns included indoor comfort and ventilation, convenient access, parking, traffic and safety.

Respondents also requested varied programming, accessibility for seniors and people with disabilities, and well-maintained facilities.

The results support a facility that serves families while offering programs for adults and seniors. They also reinforce that the project must consider the overall user experience, including shade, changing facilities, public access and affordability, alongside the pools themselves.

Three primary locations are being evaluated:

A. Fifth and H Streets near Henry Miller Plaza: This is the smallest option at approximately 3 acres and offers the strongest connection to Downtown, the Community Center, Henry Miller Plaza and the Rail Trail. An Aquatics Center could complement these existing facilities and create a connected civic and recreational corridor. The location provides visibility and opportunities for visitors to combine swimming with other Downtown activities. Red’s Roofing and Four Paws Pet Hotel are existing businesses in the area and would remain. Its primary 115
limitations are the space available for the building, outdoor amenities, parking and circulation, along with limited room for future expansion.

B. H Street between Second and Fourth Streets: This approximately five-acre Rail Trail location provides more flexibility than the Henry Miller Plaza site. Additional property north of the trail could accommodate parking, a splash pad or other supporting improvements. The site would maintain a connection to the Rail Trail but would be farther from the Downtown core and Community Center. Existing residential neighborhoods on both sides would require consideration of traffic, parking, lighting, noise and facility access.

C. AG Sports Complex at 700 N. Mercey Springs Road: This is the preferred location based on the survey results and provides the largest opportunity for expansion. More than 30 acres associated with the former solid waste disposal area are anticipated to become available for development following planned clean closure through the State in 2027. The site could accommodate the Aquatics Center, outdoor pool, splash pad and expanded parking while retaining space for future athletic fields and other recreational improvements. Parking could serve both existing and future amenities. Considerations include completion of the closure process, and the location’s separation from Downtown and the Community Center.

The City has had an opportunity to prepare a sample site plan only for the Fifth and H Streets location near Henry Miller Plaza. This site was selected for the preliminary layout because it is the smallest of the three options, allowing the City to evaluate what could be accommodated within the minimum available space. Given the early stage of planning, the concept provides a starting point for reviewing facility size, parking and outdoor amenities. It does not represent a final design or selection of that location.

The sample floor plan provided as an exhibit illustrates an approximately 19,000-squarefoot indoor facility with a 25-meter swimming pool. This is a relatively small facility and provides a basic program that could be expanded or adjusted depending on the selected site, available funding and operational needs.

The indoor concept includes:
• A 25-meter pool for swimming, instruction and recreational programming. • Men’s and women’s locker rooms and restroom facilities. • A front desk and lobby for check-in, access control and waiting. • Flexible classroom and multipurpose space.
• Staff and administrative areas.
• Pool equipment storage.
• A mechanical room for pool systems and supporting equipment.

Flexible classroom space would be an important part of the facility. It could accommodate group exercise, wellness programs, community classes, party activities and other uses outside the pool. It would also provide an alternative programming area during temporary pool closures or while participants wait for the next scheduled pool session. This would help the facility remain useful beyond swimming alone. 116
The indoor pool would allow year-round programming, with greater consistency for swim lessons, lap swimming and wellness activities. An outdoor pool would add seasonal capacity and provide space for summer recreation, lessons and family use. Including both could help accommodate different activities at the same time, reducing conflicts between instructional programs, lap swimmers and recreational users.

The concept also includes a relatively large mechanical room that has been planned with the potential indoor pool, outdoor pool and splash pad in mind. Locating these amenities together would allow their supporting equipment to be coordinated within the same facility. Properly sizing the mechanical space early could reduce the need for a major building expansion if outdoor components are added later. Final engineering would determine the equipment and systems needed to operate each component.

A splash pad and adjoining public open space could provide a recreation option alongside the paid swimming facilities. Staff is considering a seasonal, fenced area that could be open to the public without a pool membership or admission fee during designated operating hours. Fencing would allow the space to be secured outside those hours and during the off-season.

This approach would provide families with access to water play and heat relief even if they do not purchase admission to the pools. Shaded seating and gathering areas would be important features of this public space and could support longer visits, supervision of children and community use.

Affordability will remain a major consideration for the swimming facilities as well. The City hopes to keep admission and membership costs affordable while accounting for lifeguards, staffing, utilities, maintenance and programming. Family passes, resident rates, scholarships or other assistance options can be evaluated as part of the operating plan.

Potential partnerships could assist with staffing, swim lessons, memberships, wellness programs and facility management. The YMCA’s experience has been useful in preliminary planning, but no commitment has been made regarding an operator. Future review will need to address public access, service expectations, fees, maintenance responsibilities and the City’s ongoing financial obligations.

Vanir has identified a preliminary construction cost range of approximately $700 to $800 per square foot for the type of indoor facility being considered. Indoor aquatics construction is expensive because it requires an enclosed pool building, specialized ventilation and humidity control, pool equipment, mechanical systems and finishes suitable for a continuously wet environment.

For preliminary planning purposes, the approximately 19,000-square-foot indoor facility shown in the exhibit, together with parking and associated site improvements, has been discussed at approximately $13 million. Adding an outdoor pool and splash pad would bring the preliminary estimate to approximately $16 million. These figures will need to be refined as the location, design and project scope are developed.

The relatively small indoor concept also illustrates the importance of setting priorities.

Larger pools, additional classrooms, expanded locker rooms, fitness areas and other amenities would increase the building size and project cost. The AG Sports Complex 117
would provide greater flexibility to accommodate future additions, but the initial facility must still be sized to available funding and a practical operating plan.

Phasing could provide another option for moving the project forward. The City could evaluate construction of the indoor facility and parking first, with outdoor amenities added as funding becomes available. Alternatively, constructing the indoor pool, outdoor pool and splash pad together could provide a broader range of services at opening and allow site improvements and supporting infrastructure to be coordinated. These options will need to be compared as costs and funding become clearer.

Potential funding sources include the Park Development Fund, grants, partnerships, sponsorships and other available resources. The City is making every effort to identify a feasible path to fund the project. The final funding plan must consider design, construction, site improvements and long-term operating costs.

At its October 6, 2026 meeting, the Parks and Recreation Commission provided the following input:
• Primary priority: emphasized that the most important goal is restoring a public pool in Los Banos. Commissioner Halloran favored an outdoor pool as the first priority, while the remaining Commissioners recommended an indoor pool first. • Amenities and programming: The Commission considered a splash pad an essential component to include if financially feasible. A toddler wading pool was the next preferred amenity because it would expand opportunities for families with young children. Concessions and spectator seating were lower priorities to include only if the budget allows. Discussion also addressed accommodating lap swimming, rentals and open recreational swimming.
• Location: The Commission favored the H Street location between Second and Fourth Streets for a project within anticipated funding constraints. Its larger size provides more flexibility than the Fifth and H Street location near Henry Miller Plaza. Commissioners also valued its central location and potential to help revitalize the surrounding area.
• Project scale: The Commission identified the AG Sports Complex as the best location for a larger, expanded facility with a full range of amenities, described during discussion as a “platinum” option. For a more limited “gold” option, the Commission preferred the Second-to-Fourth Street site, which is closer to the expected scope of the project.
• Funding balance: The Commission emphasized that the Aquatics Center funding plan should also allow other park development projects to be completed.

Balancing these commitments contributed to its preference for the Second-toFourth Street location under the anticipated funding constraints.

City Council direction will assist staff in refining the preferred location, initial facility components and potential phasing. Staff would then continue developing cost estimates, evaluating funding and operational options, and preparing the next steps for design and engineering. Future design contracts, funding commitments and construction appropriations would be presented to the City Council for consideration. 118
Fiscal Impact:

Preliminary costs are estimated at approximately $13 million for the indoor Aquatics Center, parking and associated site improvements, increasing to approximately $16 million with an outdoor pool and splash pad. Funding has not been finalized. Potential sources include the Park Development Fund, grants, partnerships and sponsorships.

Annual operating costs and anticipated revenues remain under evaluation. Further planning will determine staffing, maintenance and utility costs, along with potential revenue from admissions, memberships, lessons and rentals. Any additional funding requests will be brought to the City Council for consideration.

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

1. Location A 5th and H St. near Henry Miller Plaza Sample Site Plan

2. Aquatics Survey Results
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120
SITE Plan
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122
Strong Community Demand for Family-Focused Aquatics Center, with Affordability as Key Success Factor
Executive Summary
The City of Los Banos has identified strong community demand for a new aquatics center, with 95% of 1,006 respondents indicating they or someone in their household would likely use the facility. Families with children drive this demand, favoring recreational swimming, lessons, splash pads, and water slides. However, fee sensitivity is notable— introducing admission or membership fees reduces likely usage by 17 percentage points to 78%, and affordability emerged as the top concern in open-ended feedback. The Ag Sports Complex is the preferred location by a wide margin (48% vs 21% and 16% for the H Street alternatives), and outdoor shaded seating is the highest-priority amenity. To maximize utilization and community benefit, the City should prioritize family-oriented features, implement accessible pricing strategies, and ensure the facility offers comfortable, safe, and well-designed supporting amenities. 95% Community Support | 17pp Fee Sensitivity Drop | 48% Preferred Location Survey: Aquatics Center Community SurveyEncuesta Comunitaria sobre el Centro Acuático 1194 total responses | Created 16 September 2026
Key Findings
Overwhelming community support for the aquatics center
The Los Banos community demonstrates exceptionally strong demand for a new aquatics center, with 95% of 1,006 respondents indicating they or someone in their household are likely to use the facility (82.3% chose Very likely and

12.7% chose Likely). This near-universal interest spans residents, workers, and families with children attending school in Los Banos, reflecting broad community enthusiasm for aquatic recreation infrastructure. The overwhelming support signals that the center would serve a genuine community need and likely achieve strong utilization once operational.

Aquatics Center Community SurveyEncuesta Comunitaria sobre el Centro Acuático 1 / 9
123
1006 responses
Overall likelihood to use the aquatics center
Family recreation and children's programming drive demand The aquatics center's appeal is strongly driven by families with children, particularly those with school-age kids. Among respondents, 54.5% have children ages 5 to 12 in their household, 34.4% have children under 5, and 35.1% have teens ages 13 to 17. The most requested features align with family use: recreational and family swimming leads at 74.4% of respondents, followed by swimming lessons and learn-to-swim programs at 58.4%, outdoor splash pad at 57.4%, water slides and recreational water features at 56.5%, and shallow play areas for young children at 48.4%. This pattern indicates the center should prioritize family-friendly amenities and youth programming to meet community expectations.

82.31%

12.72%

3.28%

0.7%

0.99%
Very likely
Likely
Not sure
Unlikely
Very unlikely
0% 8% 16% 24% 32% 40% 48% 56% 64% 72% 80%
Answer Choices Percentage Responses
Very likely 82.31% 828
Likely 12.72% 128
Not sure 3.28% 33
Unlikely 0.70% 7
Very unlikely 0.99% 10
Total 1006
Aquatics Center Community SurveyEncuesta Comunitaria sobre el Centro Acuático 2 / 9
•
•
•
•
•
I
I
I
I
+ -
+
+-
+-
124
1006 responses
Likelihood to use by household composition

89.42%

90.26%

86.18%

89.02%

86.4%

86.43%

5.56%

8.58%

7.36%

11.06%

9.25%

9.92%

11.43%

5.56%

2.51%

3.12%

2.14%

22.22% 16.67% 50%
Children ages 5–12
Adults ages 35–54
Adults ages 18–34
Children under 5
Teens ages 13–17
Adults ages 55+
No one in my household /
Not sure
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Very likely Likely Not sure Unlikely Very unlikely
Aquatics Center Community SurveyEncuesta Comunitaria sobre el Centro Acuático 3 / 9
C• ) C• ) C• ) C• ) C_• ____ )
II
II
II
Il
II
I
125
Fee sensitivity reduces usage likelihood by 17 percentage points While initial interest is near-universal, introducing an admission or membership fee moderates demand. When asked about likelihood to use the center if a fee is required, 78.3% of 937 respondents remain likely to use it (50.7% Very likely and 27.6% Likely), compared to 95.0% likely when no fee was mentioned. This 16.7 percentage-point drop suggests that pricing will be a critical factor in actual utilization. The finding aligns with open-ended feedback, where affordable pricing and discounts emerged as the top concern, mentioned in 16.4% of tagged responses. The City should consider tiered pricing, family passes, and income-based discounts to maintain accessibility while covering operational costs.

Very likely Likely Not sure Unlikely Very unlikely Total Children ages 5–12

89.42%
490

8.58%
47 1.64%
9 0.18%
1 0.18%
1 548
Adults ages 35–54

90.26%
417

7.36%
34 2.16%
10 0.22%
1 0%
0 462
Adults ages 18–34

86.18%
343

11.06%
44 2.51%
10 0.25%
1 0%
0 398
Children under 5

89.02%
308

9.25%
32 1.16%
4 0.29%
1 0.29%
1 346
Teens ages 13–17

86.40%
305

9.92%
35 3.12%
11 0.57%
2 0%
0 353
Adults ages 55+

86.43%
242

11.43%
32 2.14%
6 0%
0 0%
0 280
No one in my household /
Not sure

5.56%
1 5.56%
1 22.22%
4 16.67%
3 50.00%
9 18
2405
Aquatics Center Community SurveyEncuesta Comunitaria sobre el Centro Acuático 4 / 9
• • • • r •
126
937 responses
Likelihood to use with admission or membership fee
Ag Sports Complex is the preferred location
Location C, the Ag Sports Complex, is the clear community favorite, selected by 48.0% of 937 respondents who expressed a location preference. This is more than double the support for Location A on H Street between 2nd and 4th Streets at 20.6%, and triple the support for Location B on H Street between 4th and 7th Streets at 15.9%. An additional

15.5% indicated no preference or were unsure. The strong preference for the Ag Sports Complex may reflect its existing sports infrastructure, parking capacity, or perceived accessibility. Siting the center at Location C would align with majority community preference and could leverage synergies with existing recreational facilities.

50.69%

27.64%

16.33%

3.31%

2.03%
Very likely
Likely
Not sure
Unlikely
Very unlikely
0% 5% 10% 15% 20% 25% 30% 35% 40% 45% 50%
Answer Choices Percentage Responses
Very likely 50.69% 475
Likely 27.64% 259
Not sure 16.33% 153
Unlikely 3.31% 31
Very unlikely 2.03% 19
Total 937
Aquatics Center Community SurveyEncuesta Comunitaria sobre el Centro Acuático 5 / 9
I
I
• + -
• +
• +-
• +-
•
127
1006 responses
Likelihood to use by location preference
Outdoor comfort amenities are the highest priority
Among supporting amenities, outdoor shaded seating and gathering areas rank as the top priority, selected by 78.1% of 937 respondents who were asked to choose up to three amenities. Family and private changing rooms follow at 62.3%, and locker rooms with showers at 56.9%. The emphasis on outdoor shaded areas reflects the local climate and the need for comfortable spectator and rest spaces, particularly for families spending extended time at the facility. These amenities should be integrated into the design from the outset, as they directly support the family-oriented use patterns identified in feature preferences.

85.33%

77.2%

87.25%

75.86%

11.56%

17.62%

8.72%

16.55%
2%

3.63%

2.68%

6.21%
Location C - Ag Sports
Complex
Location A - H St between
2nd St & 4th St
Location B - H St between
4th St & 7th St
No preference / Not sure
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Very likely Likely Not sure Unlikely Very unlikely
Very likely Likely Not sure Unlikely Very unlikely Total Location C - Ag Sports
Complex

85.33%
384

11.56%
52 2.00%
9 0.67%
3 0.44%
2 450
Location A - H St between
2nd St & 4th St

77.20%
149

17.62%
34 3.63%
7 1.04%
2 0.52%
1 193
Location B - H St between
4th St & 7th St

87.25%
130

8.72%
13 2.68%
4 0%
0 1.34%
2 149
No preference / Not sure

75.86%
110

16.55%
24 6.21%
9 0%
0 1.38%
2 145
937
Aquatics Center Community SurveyEncuesta Comunitaria sobre el Centro Acuático 6 / 9
C• ) C• ) C• ) C• ) C_•
__ )
• • • • •
Ill
I ll
II
I
128
1006 responses
Likelihood to use by amenity priorities

82.79%

83.22%

81.99%

84.81%

80.47%

83.06%

72.73%

12.98%

12.84%

13.88%

12.01%

15.15%

12.02%

13.64%

3.14%

3.42%
3%

2.47%

2.69%

4.37%

4.55% 9.09% 9.09%
Outdoor shaded seating
and gathering areas
Family/private changing
rooms
Locker rooms and showers
Rental facilities for parties
and events
Concessions/snack area
Spectator seating
Other (please specify)
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Very likely Likely Not sure Unlikely Very unlikely
Aquatics Center Community SurveyEncuesta Comunitaria sobre el Centro Acuático 7 / 9
I
C• ) C• ) C• ) C• ) C_• ____ )
Il
I I
Il
II
Il
I I
129
Affordability is the top concern in open-ended feedback When asked what else the City should consider, 368 respondents provided open-ended comments, with 195 responses receiving theme tags. Affordable pricing and discounts emerged as the most frequent theme, mentioned in 16.4% of tagged responses. This was followed by facility comfort and climate control at 11.8% (reflecting concerns about indoor temperature and ventilation), facility location and accessibility at 10.3%, parking and traffic management at 9.7%, and facility security and safety at 9.2%. These themes underscore that beyond the aquatic features themselves, the community prioritizes affordability, comfort, convenient access, and safety. Addressing these operational and design considerations will be essential to the center's success and community satisfaction.

Very likely Likely Not sure Unlikely Very unlikely Total Outdoor shaded seating
and gathering areas

82.79%
606

12.98%
95 3.14%
23 0.55%
4 0.55%
4 732
Family/private changing
rooms

83.22%
486

12.84%
75 3.42%
20 0.51%
3 0%
0 584
Locker rooms and showers

81.99%
437

13.88%
74 3.00%
16 0.38%
2 0.75%
4 533
Rental facilities for parties
and events

84.81%
240

12.01%
34 2.47%
7 0.71%
2 0%
0 283
Concessions/snack area

80.47%
239

15.15%
45 2.69%
8 0.34%
1 1.35%
4 297
Spectator seating

83.06%
152

12.02%
22 4.37%
8 0.55%
1 0%
0 183
Other (please specify)

72.73%
16 13.64%
3 4.55%
1 0%
0 9.09%
2 22
2634
Aquatics Center Community SurveyEncuesta Comunitaria sobre el Centro Acuático 8 / 9
• • • • r •
130
368 responses
Top themes from open-ended feedback

8.7%

6.3%

5.4%

5.2%

4.9%

3.3%

2.4%

1.9%

1.6%

1.4%

1.1%
Affordable Pricing and
Discounts
Facility Comfort and
Climate Control
Facility Location and
Accessibility
Parking and Traffic
Management
Facility Security and Safety
Activity and Program
Diversity
Senior and Special Needs
Accessibility
Community and Economic
Impact
Pool and Water Features
Children’s Water Play
Features
Adaptive and Specialized
Classes
Facility Design and
Landscaping
Youth and School
Programming
Facility Maintenance and
Costs
Sports and Recreation
Facilities
0%
Aquatics Center Community SurveyEncuesta Comunitaria sobre el Centro Acuático 9 / 9
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Agenda Staff Report
TO: Mayor Amabile and City Council Members
FROM: Brandon Dorenbush, Fire Chief
DATE: October 21, 2026
TYPE OF REPORT: Public Hearing
SUBJECT: Fireworks Ordinance Amendment
______________________________________________________________________ Recommendation:

It is recommended that the City Council introduce and waive the first reading of Ordinance No. 11, amending Municipal Code Section 4-3.16 (Fireworks) to update ordinance language, administrative provisions, and time and date requirements to improve clarity and effectiveness.

Background:

The fireworks ordinance was created and implemented in 2005. Over the past two decades, the ordinance has remained largely unchanged, with no updates to the code provisions since its adoption. To ensure the ordinance remains clear, effective, and responsive to current public safety needs, the Fire Department has identified several amendments, including updated language, grammatical corrections, and revised operational timelines.

Discussion:

The City’s existing fireworks ordinance was originally adopted to balance public safety with the community’s use of legal “Safe and Sane” fireworks. The proposed amendment includes updates to language, grammatical corrections, and revisions to certain dates and time requirements to better support current operational needs. ~ LOsBanos
,,~ At the Crossroads of California
133
ITEM 10
These changes are intended to streamline the application and permitting process, clarify existing provisions, improve administrative efficiency, strengthen enforcement efforts, and enhance public safety by providing a more effective framework for regulating fireworks within the City.

Lastly, these proposed updates also reflect the passing of Senate Bill 828 (SB 828). SB 828 was signed into law in September 2026, becomes effective January 1, 2027 and significantly strengthens California's fireworks enforcement provisions. Among its changes, the bill establishes a new escalating civil fine structure for violations of the same fireworks ordinance: up to $1,000 for a first violation, up to $2,000 for a second violation within five years of the first violation, and up to $5,000 for each additional violation occurring within five years of the first violation.

Fiscal Impact:

The proposed ordinance amendment is expected to have minimal fiscal impact. The amendments consist primarily of language updates, grammatical corrections, and enhanced operational and administrative processes.

Reviewed by:

_______________________________
Soknirorn Than, City Manager
Attachments:

1. Clean Ordinance

2. Redlined Ordinance

3. Public Hearing Notice
) -
134
ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LOS BANOS AMENDING SECTION 4-3.07 OF TITLE 4,
CHAPTER 3 OF THE LOS BANOS MUNICIPAL CODE TO
REVISE AMENDMENT NO. 11 TO THE 2025 CALIFORNIA

FIRE CODE REGULATING FIREWORKS
WHEREAS, on November 19, 2025, the City Council adopted Ordinance No. 1211, which adopted by reference the 2025 Edition of the California Fire Code (California Code of Regulations, Title 24, Part 9) together with local amendments codified in Section 4-3.07 of Title 4, Chapter 3 of the Los Banos Municipal Code; and WHEREAS, Amendment No. 11 of Section 4-3.07 adds Sections 5608.2 through 5608.5 to the California Fire Code to regulate the possession, sale, use, display, discharge, and manufacture of fireworks in the City, including permits for temporary stands operated by eligible nonprofit organizations to sell safe and sane fireworks; and WHEREAS, Health and Safety Code Sections 12541 and 12541.1 recognize the authority of cities to adopt ordinances that prohibit or regulate the sale, use, and discharge of fireworks, and Article XI, Section 7 of the California Constitution authorizes the City to make and enforce within its limits all local police, sanitary, and other ordinances and regulations not in conflict with general laws; and
WHEREAS, the City’s administration of its fireworks program has shown a need to revise Amendment No. 11, including the permit application and lottery schedule, the retail sales period and stand operating hours, the siting, storage, and safety requirements for fireworks stands, and certain restrictions on the use and discharge of fireworks, and to make clarifying and conforming changes; and
WHEREAS, the use of dangerous fireworks and the unlawful discharge of safe and sane fireworks cause fires, injuries, property damage, and noise disturbances in the City, and place heavy demands on the City’s fire and police resources, particularly around the Fourth of July and New Year’s Eve; and
WHEREAS, Government Code Section 36900 provides that a violation of a city ordinance is a misdemeanor unless by ordinance it is made an infraction, and generally limits the fine for an infraction to $100 for a first violation, $200 for a second violation of the same ordinance within one year, and $500 for each additional violation of the same ordinance within one year; and
WHEREAS, Senate Bill 828 (Stats. 2026, ch. 652), effective January 1, 2027, amends Government Code Section 36900 to provide that, notwithstanding any other law, a violation relating to fireworks, as defined in Health and Safety Code Section 12511, that 135
is an infraction is punishable by a fine not exceeding $1,000 for a first violation, $2,000 for a second violation of the same ordinance within five years of the first violation, and $5,000 for each additional violation of the same ordinance within five years of the first violation; and
WHEREAS, Senate Bill 828 also amends the State Fireworks Law, effective January 1, 2027, to expand the definition of “dangerous fireworks” in Health and Safety Code Section 12505 to include fireworks not examined and tested by the State Fire Marshal, and to authorize local law enforcement agencies to seize fireworks under Health and Safety Code Section 12721, among other changes; and WHEREAS, the City Council finds that making violations of the City’s fireworks regulations infractions punishable by the fines authorized by Senate Bill 828 will provide a more efficient means of enforcement and a meaningful deterrent, while preserving the City’s administrative, civil, and other remedies and the enforcement of state law; and WHEREAS, Health and Safety Code Sections 17958.5, 17958.7, and 18941.5 authorize the City to modify the building standards in the California Building Standards Code where reasonably necessary because of local climatic, geological, or topographical conditions, upon express findings filed with the California Building Standards Commission; although the City Council does not consider Amendment No. 11 to contain building standards as defined in Health and Safety Code Section 18909, it makes the findings in Section 3 of this ordinance to the extent any provision is determined to be a building standard; and
WHEREAS, the City Council has considered the staff report, public testimony, and all other evidence presented, and desires to amend Amendment No. 11 as set forth in this ordinance.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LOS BANOS DOES ORDAIN AS FOLLOWS:

SECTION 1. The City Council finds that the foregoing recitals are true and correct and incorporates them into this ordinance as findings.

SECTION 2. Amendment No. 11 of Section 4-3.07 of Title 4, Chapter 3 of the Los Banos Municipal Code is hereby amended to read as follows. All other amendments set forth in Section 4-3.07 remain unchanged and in full force and effect.

Amendment No. 11
Chapter 56: Section 5608 EXPLOSIVES AND FIREWORKS, Fireworks and Pyrotechnic Special Effects Material
136
2025 California Fire Code Amendments
Amendment No. 11
Chapter 56: Section 5608 EXPLOSIVES AND FIREWORKS, Fireworks and Pyrotechnic Special Effects Material (Definitions)
Section 5608 of the 2025 Edition of the California Fire Code is hereby amended to add Sections 5608.2 through 5608.5 to read as follows:
5608.2 Fireworks - Purpose. It is the intent of the City to reasonably regulate the sale, use, display, and discharge of dangerous and safe and sane fireworks within the City to protect the public health, safety, and general welfare. 5608.2.1. Definitions. For the purposes of this section, unless otherwise apparent from the context, certain words and phrases used in this section are defined as follows.

A. “Dangerous Fireworks” means any fireworks specified as such in the State Fireworks Law, Section 12505 and 12561 of the Health and Safety Code of the State of California, and such other fireworks as may be determined to be dangerous by the state fire marshal.

B. “Safe and Sane Fireworks” as defined in Section 12529 of the Health and Safety Code the State of California, means any fireworks, which do not come within the definition of “dangerous fireworks” or “exempt fireworks”.

C. “Eligible Organization” means an organization which has met all of the following criteria for a continuous period of not less than two full years preceding submittal of an application for permit required by this section 16 (and which continues to do so thereafter).

1. The organization must be qualified pursuant to Internal Revenue Code Sections 501(c)(3), (4), (6), (7), (8), (10), (19), (23), or (26), Section 501(d), Section 501(e);

2. The organization must be headquartered within and clearly affiliated or identified with the City of Los Banos;

3. The organization must be one which provides direct and regular community services and benefits to the citizens of the City of Los Banos;

4. The organization must hold its regularly scheduled meeting within the City of Los Banos; and

5. The organization must maintain a minimum membership of ten (10) members continuously.
137
D. “Fireworks Stand” means any building, counter, or other structure of a temporary nature used in the sale or offering for sale of safe and sane fireworks pursuant to a permit duly issued.
5608.2.2. Possession, Sale, Use, Display, Discharge of Dangerous Fireworks.

A. It shall be unlawful to possess, sell, use, display, or discharge dangerous fireworks within the City of Los Banos, except as permitted by the provisions of this section.

B. It shall be unlawful for any person having lawful possession or control of private property, including but not limited to an owner, renter, lessee, to permit any person to possess, sell, use, display, or discharge of dangerous fireworks within the City of Los Banos, except as permitted by the provisions of this section. 5608.2.3. Possession, Sale, Or Use Of Safe and Sane Fireworks. It shall be unlawful to possess, sell, use, display, or discharge safe and sane fireworks within the City of Los Banos, except as permitted by the provisions of this section. 5608.2.4. Permit for Sale of Safe and Sane Fireworks. It shall be unlawful for any person to possess, store, offer for sale, or sell safe and sane fireworks within the City of Los Banos without a valid permit from the Fire Department. The Fire Chief or designee shall have the authority to adopt reasonable rules and regulations for the granting of permits for the sale of safe and sane fireworks by eligible organizations. The Fire Chief or designee shall also have the authority to adopt reasonable rules and regulations for the safe operation of fireworks stands.
5608.2.5. Application for Permit to Sell Safe and Sane Fireworks. Permits to sell safe and sane fireworks shall be issued by the Fire Department as follows:

A. All applications for permits shall be in writing and delivered to Fire Department Headquarters on forms supplied by the Fire Department, and shall include all documentation and proof required by the rules and regulations established by the State Fire Marshal and the Fire Chief or designee. All application materials must be complete to be accepted by the Fire Department.

B. Applications may be filed beginning the first business day of January of each year through 5:00 p.m. the last working day in January of the same year or at other dates and times as, determined by the Fire Chief or designee. No application shall be accepted after 5:00 p.m.

C. Applications shall be signed by a bona fide officer of the non-profit organization wherein the officer, on behalf of the organization and its agents shall agree to abide by all state laws, administrative regulations, city ordinances, and rules and regulations promulgated by the Fire Chief or designee and the terms and conditions of the permit.
138
D. Applications shall identify the name of the organization, the address of their principal meeting place and mailing address, number of members, and the date the organization was established.

E. Application fees: The applicant shall pay a non-refundable twenty-five (25.00) dollar application fee, as may be amended from time to time by the City or as otherwise provided within the City’s Master Fee Schedule. The fee is required to be paid at the time the application is submitted.

F. Permit Fee: $250.00 paid prior to permit issuance.

G. Except as provided in subsection (H), the maximum number of permits that may be issued, and the maximum number of safe and sane fireworks stands that will be permitted pursuant to this Section 5608 during any one calendar year shall not exceed one permit for each five thousand (5,000) residents of the City of Los Banos, or fraction thereof, based on the State of California Census Estimate. The Official Census Estimate shall be the latest estimate published before the end of the filing period.

H. Exempt Permit: In addition to the maximum number of permits set forth in subsection (G) herein, the Fire Chief or designee may at the direction of the City Manager, issue one additional permit (“exempt permit”) to an eligible organization, as defined in Section 5608.2.1, for the sale of safe and sane fireworks pursuant to the following provisions:

1. The City Manager in his or her sole discretion may waive the requirement that the organization receiving the exempt permit has met the criteria for a continuous period of not less than two years prior to submittal of an application for a permit, as set forth in Section 5608.2.1(C);

2. The organization receiving the exempt permit shall dedicate to the satisfaction of the City Manager all of the proceeds from the sale of safe and sane fireworks to sponsoring or contributing to a public fireworks display in celebration of the Fourth of July in the City of Los Banos;

3. The organization receiving the exempt permit shall be subject to and agree to all other conditions of approval deemed necessary by the City as a prerequisite to the issuance of the permit.
5608.2.6. Issuance of Permits. Only eligible organizations that have submitted a timely and complete application accepted by the Fire Department and that have been drawn from a pool of accepted applications shall be permitted to sell safe and sane fireworks.

A. If the number of accepted applications exceeds the maximum number of permits that may be issued in a calendar year; accepted applications for a permit will be selected by lottery on the fifth working day of February at 1:00 p.m. at Fire Station Headquarters 139
or at another time and location as determined by the Fire Chief or designee. Successful and unsuccessful applicants will be notified by E-mail.

B. By April 1, each successful applicant shall provide to the Fire Chief or designee; a site plan with the location of the fireworks stand and location of steel container; a written letter from the property owner granting permission to sell safe and sane fireworks on the site; the permit fee; proof of insurance, one million dollars ($1,000,00) public liability, property damage, and product liability insurance policies with riders attached to the policies designating the City of Los Banos as an additional insured. Applicants who fail to submit the required information by the April 1 deadline shall not be issued a permit.

C. Permits shall be effective only when delivered by the Fire Department after the final inspection of the fireworks stand shows compliance with all the requirements established by the Fire Chief or designee of this section for the operation of a fireworks stand.

D. A permit entitles the holder to one fireworks stand, which shall operate at the location identified on the permit.

E. Two or more qualified applicants may be issued a permit as a joint venture.

F. Permits issued pursuant to this section are valid only during the calendar year issued.

G. Permits issued pursuant to this section are non-transferable. 5608.2.7. Fireworks Stands. When all application requirements have been completed, fees have been paid and the stand location has been approved, the stand shall be inspected and approved by the Fire Chief or designee prior to the sale of any fireworks from said stand. The sale of fireworks from any other building or structure is prohibited.

Temporary fireworks stands shall be subject to the following provisions:

A. Fireworks stands shall be located only on properties zoned for commercial or industrial uses. Fireworks stands shall not be permitted on fueling station property or within 100 feet of fuel distribution point.

B. Fireworks stands shall be located on improved property. (i.e. paved, cement parking lots, etc.)
C. Fireworks stands and steel containers shall be separated by a minimum of ten (10) feet, thirty-five (35) feet from any public right-of-way and thirty-five (35) feet away from existing structures.

D. No smoking signs shall be posted on all four (4) sides and inside the fireworks stand indicating “No Smoking Within 35 Feet”.
140
E. Fireworks stands and steel containers shall not interfere with normal traffic patterns in private parking lots or impede on handicap accessible parking stalls.

F. Fireworks stands shall be constructed of substantial material to provide security and safe operations.

G. Permits to sell safe and sane fireworks shall be posted in a conspicuous location within the interior portion of the fireworks stand.

H. A sign shall be affixed to the front of the exterior portion of the fireworks stand in letters at least six (6) inches in height, identifying the name of the nonprofit organization to which the permit to sell safe and sane fireworks was issued.

I. No electrical service shall be permitted within 25 feet of the firework stand, to include fuel powered generators or similar equipment. Battery powered fans, lighting, etc. shall be approved by the Fire Department prior to use.

J. Fireworks stands shall have two working, currently serviced, two and one-half gallon water extinguishers. Extinguishers shall be readily accessible.

K. During hours of non-operation, fireworks shall be stored in an enclosed, locked cargo container on site, in a location approved by the Fire Chief or designee. The storage container shall have appropriate DOT explosive placards on all four (4) sides and have signage posted stating “No Smoking within 35 feet”.

L. Wholesale storage of safe and sane fireworks by importers/distributors is prohibited within in the city.

M.The fireworks stands shall be removed from the temporary location and all unsold stock and accompanying litter shall be removed from the location by 5:00 p.m., on July 5th.

Failure to dismantle and/or remove any fireworks stand may result in the removal of the fireworks stand by the Fire Department or designee at the sole expense of the holder of the permit.

N. Fireworks stands and steel containers shall have a restricted zone on all four (4) sides to prevent vehicles from parking withing ten (10) feet. Protection devices may be safety cones, delineators, foldable barricades, etc.
5608.2.8. Regulations.

A. Fireworks stands shall only operate during the following hours:
• June 30 (12:00pm-10:00pm)
• July 1 (8:00am-10:00pm)
• July 2 (8:00am-10:00pm)
• July 3 (8:00am-10:00pm)
141
• July 4 (8:00am-8:00pm)
B. No safe and sane fireworks shall be sold before 12:00 noon on the thirtieth (30th) day of June or later than 8:00 p.m. on the fourth (4th) day of July.

C. It shall be unlawful to sell fireworks to persons under (eighteen) 18 years of age.

D. It shall be unlawful for the permitted organization to allow any person other than the permitted organization to operate the fireworks stand for which the permit is issued or to otherwise participate in the profits of the operation of such stand.

E. It shall be unlawful for the permitted organization to allow any person other than the individuals who are members of the permitted organization, their spouses, adult children, or unpaid volunteers to sell or otherwise participate in the sale of safe and sane fireworks at such stand.

F. No person under sixteen (16) years of age shall be allowed inside the fireworks stand at any time. No person under eighteen (18) years of age shall be allowed to sell, purchase or possess fireworks.

G. Each organization that receives a permit shall have at least two (2) of its members attend an operator safety seminar provided by the fireworks company.

H. Empty boxes shall not be stored behind the fireworks stand for any reason. 5608.2.9. Revocation of Permits.

A. Any violation of this section or other City ordinances or policies, the terms and conditions of the permit, state laws, administrative regulations, or safety rules of the Fire Department, shall be grounds for the immediate revocation of the permit. All officers and members of the organization shall be responsible for compliance with all of the provisions of this section.

B. The Fire Chief or designee shall be authorized to immediately suspend and without notice or a formal hearing, the permit of any organization who violates any rule, regulation or ordinance while operating or preparing to operate a fireworks stand.

If the Fire Chief or designee establishes that a violation has occurred too late to suspend the permit during the period of sale, they shall have authority to suspend the organization from applying for future permits.

C. The decision of the Fire Chief or designee to suspend a permit shall be subject to review by the City Manager, forthwith. In view of the limited sales period each year, for suspensions affecting the sale period, such hearing shall be held at the earliest possible time that the permit holder, City Manager or designee, and the Fire Chief or designee can schedule a meeting for review. For suspensions after the sales period, the hearing shall be held within one (1) month after the request for hearing, 142
which request must be made within fifteen (15) days after notice of the suspension.

The City Manager or designee is authorized to set aside the suspension, or to modify the suspension by limiting its effect to one (1) or more days, or by setting aside the forfeiture for future years. The decision of the City Manager or designee shall be final.
5608.2.10. Seizure of Fireworks.

The Fire Chief or designee shall seize, remove, or cause to be removed, at the expense of the owner, all stocks of fireworks offered or exposed for sale, stored, or held in violation of this section.
5608.2.11. Restrictions.

A. It is unlawful for individuals under eighteen (18) years of age to sell, purchase, or posses safe and sane fireworks.

B. It is unlawful for individuals under eighteen (18) years of age to discharge, explode, fire, or set off any safe and sane fireworks unless such minor does so under the direct supervision of a person eighteen (18) years of age or older and during the hours and on the days permitted by this section.

C. It shall be unlawful to discharge any safe and sane fireworks except from the first (1st) day of July to the fourth (4th) day of July during the hours of 9:00 a.m. to 10:00 p.m.

D. It shall be unlawful to ignite or otherwise use any safe and sane fireworks or permit the discharge thereof, upon, over, or onto the property of another without his/her consent.

E. It shall be unlawful for any person having the care, custody, or control of a minor (under eighteen (18) years of age) to permit such minor to discharge, explode, fire, or set off any dangerous fireworks at any time, or to permit such minor to discharge or set off any safe and sane fireworks unless such minor does so under the direct supervision of a person eighteen (18) years of age or older and during the hours and on the days permitted by this section.

F. It shall be unlawful to discharge any safe and sane fireworks except on private property and as otherwise provided in this section. No fireworks shall be discharged on public, semipublic, or private open areas such as parking lots, vacant properties, public street or right-of-way, or in public parks.

Exception: It shall be lawful to discharge safe and sane fireworks in the public street only when street closure has been approved by the City Council for a block party. The applicant shall provide a site plan with the street closure application indicating the location in the street where safe and sane fireworks will be discharged. Said location shall be 143
approved by the Fire Department.

G. All person or persons found in violation of this section shall be subject to immediate seizure of fireworks and issuance of a citation. Improper use of fireworks, unsafe use of fireworks, or use of fireworks in an area considered hazardous by the Fire Chief or designee shall cause immediate seizure of fireworks and citation. 5608.2.12. Permit for Public Displays of Fireworks. Public display of fireworks, as defined in the State Fireworks Law, Section 12500 et seq., of the Health and Safety Code, may be conducted subject to all the terms and provisions therein contained, provided that a permit therefore has been granted by the Fire Chief or designee. Such public displays, in addition, shall be subject to all rules and regulations contained in the Fire Code.

The Fire Chief or designee shall have authority to adopt reasonable rules and regulations for the granting of permits for those activities contained in Section 12640 of the Health and Safety Code of the State of California, including supervised public displays of fireworks by a jurisdiction, fair association, amusement park, other organization, or for the use of fireworks by artisans in pursuit of their trade. Each such use or display shall be conducted by a licensed pyrotechnic operator as defined by Section 12527 of the Health and Safety Code of the State of California, and shall be of such character and so located, discharged or fired as in the opinion of the Fire Chief or designee, after proper investigation, will not be hazardous or endanger any person. 5608.2.13. Penalties for Violations. Any person violating any provision of this section shall be guilty of a misdemeanor and shall be subject to criminal prosecution, civil remedies, administrative fines and penalties, and any other remedies available to the City for enforcement of this code.
5608.2.14. Concurrent Authorities. This section shall not be the exclusive regulation of fireworks within the City of Los Banos. This section shall supplement and be in addition to the other regulatory codes, statutes, regulations, and ordinances heretofore and hereinafter enacted by the City of Los Banos, the State of California, or any other legal entity or agency having jurisdiction.

Any provisions of the City of Los Banos in conflict herewith are hereby repealed. This section supersedes any conflicting provisions of the Uniform Fire Code and Uniform Building Code.
5608.3. Administrative Enforcement of Fireworks - Purpose and Scope.

A. This section provides for the imposition, enforcement, collection, and administrative review of all administrative fines, related to: (1) the possession, use, storage, sale and/or display of those fireworks classified as “dangerous fireworks” under California Health and Safety Code Section 12500, et seq., with the exception of a pyrotechnic licensee when operating pursuant to that license (2) the sale, use, and/or display of safe and sane fireworks as defined under California Health and 144
Safety Code Section 12500 et seq. on or at dates, times and/or locations other than those permitted by this section.

B. The issuance of citations imposing administrative fines may be performed at the discretion of the officials of the City authorized hereunder; and the issuance of a citation to any person constitutes but one remedy to redress violations of this code by any person. By adopting this section, the City does not intend to limit its authority to employ any other remedy, civil or criminal, to redress any violation of this code or state law by any person.

C. The imposition of fines related to dangerous fireworks under this section shall be limited to persons who possess, sell, use and/or display, or the seizure of, twentyfive (25) pounds or less (gross weight) of such dangerous fireworks.

D. Fines collected pursuant to this section related to dangerous fireworks shall not be subject to Health and Safety Code Section 12706. However, the City shall provide cost reimbursement to the State Fire Marshal for the transportation and disposal of dangerous fireworks seized by the City where applicable. These costs will be included in any administrative fines imposed under this section. 5608.4. Enforcement Procedures and Fines.

Administrative enforcement, including the amount of administrative fines for this section, shall be pursuant to the procedures set forth in Chapter 11 of Title 4 of the Los Banos Municipal Code.
5608.5. Manufacturing of Fireworks.

The manufacturing of fireworks within the City is prohibited.

A. Wind. Prevailing winds, including the high winds described in Ordinance No. 1211, can rapidly spread fires ignited by fireworks and carry burning embers to nearby structures and vegetation.

B. Topographical. The City is bordered by agricultural land, open fields, and undeveloped parcels with dry grasses and crop residue, and contains vacant lots and other open areas within its limits. These areas provide continuous fuel that allows fires started by fireworks to spread quickly toward homes and other structures.

C. Concurrent demand. Fireworks-related fires and emergencies tend to occur at the same time on and around the Fourth of July and New Year’s Eve, which can exceed the City’s available fire suppression resources and delay emergency response.
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SECTION 3. Findings of Local Conditions
To the extent any provision of Amendment No. 11, as amended by this ordinance, is determined to be a building standard, the City Council expressly finds, pursuant to Health and Safety Code Sections 17958.5, 17958.7, and 18941.5, that the provision is reasonably necessary because of the following local climatic, geological, and topographical conditions:

D. Prior findings. The City Council reaffirms and incorporates by reference the findings of local climatic, geological, and topographical conditions adopted in Ordinance No. 1211, including the findings regarding winter fog, seismic activity, flooding, high winds, and the City’s development pattern along two congested state highways.

E. Climatic. The City experiences hot, dry summers with high daytime temperatures, low relative humidity, and little or no rainfall from late spring through early fall.

These conditions are at or near their peak during the Fourth of July holiday period, when fireworks use is concentrated, and leave grasses and other vegetation highly susceptible to ignition by fireworks.

SECTION 4. Operative Date of Infraction Penalties; Savings Clause A. Subsection B of Section 5608.2.13, as set forth in Section 2 of this ordinance, applies only to violations occurring on or after January 1, 2027, the effective date of Senate Bill 828 (Stats. 2026, ch. 652). A violation occurring before January 1, 2027 is subject to the penalties in effect at the time of the violation.

B. No fine imposed under subsection B of Section 5608.2.13 shall exceed the maximum amount authorized by Government Code Section 36900 at the time of the violation.

C. This ordinance does not affect any violation committed, penalty or fine incurred, or enforcement action or proceeding commenced before its effective date. Each such violation, penalty, fine, action, and proceeding may be enforced and concluded under the law in effect when it occurred or commenced.

SECTION 5. Filing with the California Building Standards Commission The City Clerk is directed to file a certified copy of this ordinance, including the findings in Section 3, with the California Building Standards Commission promptly after its adoption, pursuant to Health and Safety Code Section 17958.7.

SECTION 6. Repeal of Conflicting Provisions
All ordinances, resolutions, and regulations, or parts thereof, in conflict with this ordinance are hereby repealed to the extent of the conflict.
146
SECTION 7. Severability
If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or circumstance, is held invalid or unconstitutional by a court of competent jurisdiction, that holding shall not affect the validity of the remaining portions of this ordinance or their application. The City Council declares that it would have adopted this ordinance, and each section, subsection, subdivision, paragraph, sentence, clause, and phrase of it, irrespective of the fact that any one or more of them is declared invalid or unconstitutional.

SECTION 8. The City Council finds that this ordinance is not subject to the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15060(c)(2), because it will not result in a direct or reasonably foreseeable indirect physical change in the environment. Independently, the ordinance is exempt under CEQA Guidelines Section 15061(b)(3), because it can be seen with certainty that there is no possibility that it may have a significant effect on the environment. The ordinance regulates the sale and use of fireworks and establishes penalties for violations; it does not approve or authorize any physical development.

SECTION 9. This ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the City, or any officer or employee of the City, a mandatory duty of care toward persons or property within or outside the City so as to provide a basis of civil liability for damages, except as otherwise imposed by law.

SECTION 10. Effective Date and Publication
This ordinance shall take effect thirty (30) days after its final passage and adoption. Within fifteen (15) days after its adoption, the City Clerk shall cause this ordinance to be published at least once in a newspaper of general circulation published and circulated in the City. In the alternative, the City Clerk may cause a summary of this ordinance to be published, and a certified copy of its full text to be posted in the office of the City Clerk, at least five (5) days before its adoption, and, within fifteen (15) days after its adoption, cause a summary to be published with the names of the Council Members voting for and against it and a certified copy of the full text of the adopted ordinance, with those names, to be posted in the office of the City Clerk.

Introduced by Council Member ______________ and seconded by Council Member ____________ on the __th day of October, 2026.

Passed on the __th day of November, 2026 by the following vote:

AYES:

NOES:

ABSENT:
147
APPROVED:
__________________________
Michael S. Amabile, Mayor
ATTEST:
__________________________
Lucille L. Mallonee, City Clerk
APPROVED AS TO FORM:
__________________________
Mary F. Lerner, City Attorney
148
2025 California Fire Code Amendments
Amendment No. 11
Chapter 56: Section 5608 EXPLOSIVES AND FIREWORKS, Fireworks and Pyrotechnic Special Effects Material (Definitions)
Section 5608 of the 2025 Edition of the California Fire Code is hereby amended to add Sections 5608.2 through 5608.5 to read as follows:
5608.2 Fireworks - Purpose. It is the intent of the City to reasonably regulate the sale, use, display, and discharge of dangerous and safe and sane fireworks within the City to protect the public health, safety, and general welfare. 5608.2.1. Definitions. For the purposes of this section, unless otherwise apparent from the context, certain words and phrases used in this section are defined as follows.

A. “Dangerous Ffireworks” means any fireworks specified as such in the State Fireworks Law, Section 12505 and 12561 of the Health and Safety Code of the State Of California, and such other fireworks as may be determined to be dangerous by the state fire marshal.

1. The organization must be qualified pursuant to Internal Revenue Code Sections 501(c)(3), (4), (6), (7), (8), (10), (19), (23), or (26), Section 501(d), Section 501(e);

2. The organization must be headquartered within and clearly affiliated or identified with the City of Los Banos;

3. The organization must be one which provides direct and regular community services and benefits to the citizens of the City of Los Banos;

4. The organization must hold its regularly scheduled meeting within the City of Los Banos; and

5. Has The organization must maintain a minimum membership of ten (10) members continuously.

D. “Fireworks Stand” means any building, counter, or other structure of a temporary nature used in the sale or offering for sale of sSafe and sSane fireworks pursuant to a permit duly issued. 5608.2.2. Possession, Sale, Use, Display, Discharge of Dangerous Fireworks.

A. It shall be unlawful to possess, sell, use, display, or discharge dangerous fireworks within the City of Los Banos, “dangerous fireworks” except as permitted by the provisions of this sSection.

B. It shall be unlawful for any person having lawful possession or control of private property, including but not limited to an owner, renter, lessee, to permit any person to possess, sell, use, display, or discharge of dangerous fireworks within the City of Los Banos, “dangerous fireworks” except as permitted by the provisions of this sSection. 5608.2.3. Possession, Sale, Or Use Of Safe and Sane Fireworks. It shall be unlawful to possess, sell, use, display, or discharge safe and sane fireworks within the City of Los Banos, “safe and sane fireworks” except as permitted by the provisions of this sSection.
149
5608.2.4. Permit for Sale of Safe and Sane Fireworks. It shall be unlawful for any person to possess, store, to offer for sale, or sell safe and sane fireworks within the City of Los Banos without a valid permit from the Ffire Ddepartment. The Ffire Cchief or designee shall have the authority to adopt reasonable rules and regulations for the granting of permits for the sale of safe and sane fireworks by eligible organizations. The Ffire Cchief or designee shall also have the authority to adopt reasonable rules and regulations for the safe operation of fireworks stands.
5608.2.5. Application for Permit to Sell Safe and Sane Fireworks. Permits to sell safe and sane fireworks shall be issued by the Ffire Ddepartment as follows:

A. All applications for permits shall be in writing and delivered to the Ffire chief Department Headquarters on forms supplied by the Ffire Ddepartment, and shall include all documentation and proof required by the rules and regulations established by the Sstate Ffire Mmarshal and the Ffire Cchief or designee. All application materials must be complete to be accepted by the Ffire Ddepartment.

B. Applications may be filed beginning the first business day of August January of each year up to and including through 5:00 p.m. the last working day in September January of the same year or at other dates and times as, determined by the Fire Chief or designee. No application shall be received accepted after 5:00 p.m.

D. Applications shall identify the name of the organization, the organization charter or mission statement, the address of the their principal meeting place and mailing address, number of members, the purpose of the organization and the date it came into existence the organization was established.

E. Application fees: Tthe applicant shall pay a non-refundable twenty-five ($25.00) dollar application fee, as may be amended from time to time by the City or as otherwise provided within the City’s Master Fee Schedule. The fee is required to be paid at the time application is submitted.

F. Permit Fee: $250.00 paid prior to permit issuance.

G. Except as provided in subsection (H), the maximum number of permits which that may be issuesd, and the maximum number of “safe and sane fireworks” stands that will be permitted pursuant to this Ssection 16 5608 during any one calendar year shall not exceed one permit for each five thousand (5,000) residents of the City of Los Banos, or fraction thereof, based on the State of California Census Estimate. The Oofficial Census Estimate shall be the latest estimate published before the end of the filing period.

H. Exempt Permit: Iin addition to the maximum number of permits set forth in subsection (G) herein, the Fire Chief or designee may at the direction of the City Manager, issue one additional permit (“exempt permit”) to an eligible organization, as defined in Section 5608.2.1, for the sale of safe and sane fireworks pursuant to the following provisions:

3. The organization receiving the exempt permit shall be subject to and agree to all other conditions of approval deemed necessary by the City as a prerequisite to issuing the issuance of the permit.
5608.2.6. Issuance of Permits. Only eligible organizations that have submitted a timely and complete application accepted by the Ffire chief Department and that have been drawn from a pool of accepted applications will shall be permitted to sell safe and sane fireworks.

A. If the number of accepted applications exceeds the maximum number of permits which that may be issued in a calendar year; accepted applicants applications for a permit will be selected by lotlottery on the first working day of October February at 1:00 p.m. at Fire Station One Headquarters or at another time and location as determined by the Ffire Cchief or designee. Successful and unsuccessful applicants will be notified by E-mail.

B. By April 1, each successful applicant shall provide to the Ffire Cchief or designee; a site plan with the location of the fireworks stand and location of steel container; a written letter from the property owner indicating granting permission to sell safe and sane fireworks on the site; the permit fee; proof of insurance, one million dollars ($1,000,00) public liability, property damage, and product liability insurance policies with riders attached to the policies designating the City of Los Banos as an additional insured. Applicants that do not who fail to submit the required information by the April 1 deadline shall not be issued a permit.

C. Permits will shall be effective only when delivered by the Ffire Ddepartment after the final inspection of the fireworks stand shows compliance with all the requirements established by the Ffire Cchief or designee or of this section for the operation of a fireworks stand.

D. A permit entitles the holder of the permit to one fireworks stand, which shall operate on at the location identified on the permit.

E. Two or more qualified applicants may be issued a permit as a joint venture.

F. Permits issued pursuant to this section are valid only during the calendar year issued.

G. Permits issued pursuant to this section are not non-transferable. 5608.2.7. Fireworks Stands. When all application requirements have been completed, fees have been paid and the stand location has been approved, the fire department shall authorize the erection of the stand. tThe stand shall be inspected and approved by the Fire Chief or his/her designee, prior to the sale of any fireworks from said stand. The sale of fireworks from any other building or structure is prohibited. Temporary fireworks stands shall be subject to the following provisions:

A. Fireworks stands shall be located only upon on propertyies that is zoned for commercial or industrial uses.

Fireworks stands shall not be permitted on fueling station property or within 100 feet of fuel distribution point.

B. Fireworks stands shall be located on improved property,. (i.e. paved, cement parking lots., etc.) C. Fireworks stands and steel containers shall be separated by a minimum of ten (10) feet, thirty-five (35) feet from the any public right-of-way and thirty-five (35) feet away from existing structures.

D. No smoking signs shall be posted on all four (4) sides and inside the fireworks stand indicating “No Smoking Wwithin 35 Ffeet”.

E. Fireworks stands and steel containers shall not interfere with normal traffic patterns in private parking lots 151
or impede on handicap accessible parking stalls.

F. Fireworks stands shall be constructed of substantial material to provide security and safe sales operations.

G. Permits to sell safe and sane fireworks shall be posted in a conspicuous location within the interior portion of the fireworks stand.

I. No electrical service shall be allowed in or permitted within 25 feet of the firework stand, to include fuel powered generators or similar equipment. Battery powered fans, lighting, etc.shall be approved by the Fire Department prior to use.

J. Fireworks stands shall have two working, currently serviced, two and one-half gallon water extinguishers.

Extinguishers shall be readily accessible.

K. During hours of non-operation, fireworks shall be stored in an enclosed, locked cargo container on site, in a location approved by the Ffire Cchief or designee. The storage container shall have appropriate DOT explosive placards on all four (4) sides and have signage posted indicating stating “No Smoking” within 35 feet”.

L. Wholesale storage of safe and sane fireworks by importers/distributors is prohibited within not allowed in the city.

M.The fireworks stands shall be removed from the temporary location and all unsold stock and accompanying litter shall be removed from the location by five 5:00 p.m., on July 5th. Failure to dismantle and/or remove any fireworks stand may result in the removal of the fireworks stand by the Fire Department or designee at the sole expense of the holder of the permit.

A. Fireworks stands may be operated only from the hours of 8 a.m. to 8 p.m. Fireworks stands shall only operate during the following hours:
• June 30 (12:00pm-10:00pm)
• July 1 (8:00am-10:00pm)
• July 2 (8:00am-10:00pm)
• July 3 (8:00am-10:00pm)
• July 4 (8:00am-8:00pm)
B. No safe and sane fireworks shall be sold before 12:00 noon on the twenty-eighth (28th) thirtieth (30th) day of June or later than 8:00 p.m. on the fourth (4th) day of July.

C. It shall be unlawful to sell fireworks to persons under (eighteen) the age of 18 years of age old.

D. It shall be unlawful for the permitted organization to permit allow any person other than the permitted organization to operate the fireworks stand for which the permit is issued or to otherwise participate in the profits of the operation of such stand.

E. It shall be unlawful for the permitted organization to permit allow any person other than the 152
individuals who are members of the permitted organization, their spouses, or adult children, or unpaid volunteers whom no compensation is paid, to sell or otherwise participate in the sale of safe and sane fireworks at such stand.

F. No one person under the age of sixteen (16) years old of age shall be allowed inside the fireworks stand at any time. No person under eighteen (18) years of age shall be allowed to sell, purchase or posses fireworks.

G. Each organization which that receives a permit must shall have at least two (2) of its members attend an operator safety seminar provided by the fireworks company.

H. Empty boxes shall not be stored behind the fireworks stand for any reason. 5608.2.9. Revocation of Permits.

A. Any violation of this section or other Ccity ordinances or policies, or the terms and conditions of the permit, or state laws, or administrative regulations, or safety rules of the Ffire Ddepartment, shall be grounds for the immediate revocation of the permit. All officers and members of the organization shall be responsible for compliance with all of the provisions of this section.

B. The Ffire Cchief or his designee shall be authorized to suspend immediately immediately suspend and without notice or a formal hearing, the permit of any holder of a permit which organization who violates any rule, regulation or ordinance while operating or preparing to operate a fireworks stand. during or immediately preceding any period of sale. If the Ffire Cchief or his designee establishes that a violation has occurred too late to suspend the permit during the period of sale, he they shall have power authority to suspend the holder of the permit organization from applying for future permits.

C. The decision of the Ffire Cchief or his designee to suspend the a permit shall be subject to review by the Ccity Mmanager, forthwith. In view of the limited sales period each year, for suspensions affecting the sale period, such hearing shall be held at the earliest possible time that the holder of the permit permit holder, Ccity Mmanager or his designee, and the representative of the Fire Chief or designee can schedule a meeting for such review. For suspensions after the sales period, the hearing shall be held within one (1) month after the request for hearing, which request must be made within fifteen (15) days after notice of the suspension. The Ccity Mmanager or his designee is authorized to set aside the suspension, or to modify the suspension by limiting its effect to only one (1) or more days, or by setting aside the forfeiture for future years. The decision of the Ccity Mmanager or his designee shall be final.
5608.2.10. Seizure of Fireworks.

The Fire Chief or the designee thereof, shall seize, take, remove, or cause to be removed, at the expense of the owner, all stocks of fireworks offered or exposed for sale, stored, or held in violation of this section. 5608.2.11. Restrictions.

A. It is unlawful for individuals under eighteen (18) years of age to sell, purchase, or possess, “safe and sane fireworks.”
B. It is unlawful for individuals under eighteen (18) years of age to discharge, explode, fire, or set off any “safe and sane fireworks” unless such minor does so under the direct supervision of a person over eighteen (18) years of age or older and during the hours and on the days permitted by this section.

C. It shall be unlawful to discharge any “safe and sane fireworks” except from the first (1st) day of July to the fourth (4th) day of July during the hours of 9:00 a.m. to 10:00 p.m. 153
D. It shall be unlawful to ignite or otherwise use any “safe and sane fireworks,” or permit the discharge thereof, upon, over, or onto the property of another without his/her consent.

E. It shall be unlawful for any person having the care, custody, or control of a minor (under eighteen (18) years old of age) to permit such minor to discharge, explode, fire, or set off any “dangerous fireworks,” at any time, or to permit such minor to discharge or set off any “safe and sane fireworks” unless such minor does so under the direct supervision of a person over eighteen (18) years of age or older and during the hours and on the days permitted by this section.

F. It shall be unlawful to discharge any “safe and sane fireworks” except on private property and as otherwise provided in this section. No fireworks shall be discharged on public, semipublic, or private open areas such as parking lots, vacant properties, or in a public street or right-of-way, or in public parks.

Exception: It shall be lawful to discharge sSafe and sSane fFireworks in the public street only if when street closure has been approved by the City Council for a block party. The applicant shall provide a site plan with the sStreet cClosure application indicating the location in the street where sSafe and sSane fFireworks are to will be discharged. Said location shall be approved by the Fire Department.

G. All Pperson or persons found in violation of this section will shall be subject to caused for immediate seizure of fireworks and issuance of a citation. Improper use of fireworks, or unsafe use of fireworks, or use of fireworks in an area considered hazardous by the Ffire Cchief or designee shall cause immediate seizure of fireworks and citation.
5608.2.12. Permit for Public Displays of Fireworks. Public Ddisplay of fireworks, as defined in the State Fireworks Law, Section 12500 et seq., of the Health and Safety Code, may be conducted subject to all the terms and provisions therein contained, provided that a permit therefore has been granted by the Ffire Cchief or designee. Such public displays, in addition, shall be subject to all rules and regulations contained in the Fire Code.

The Fire Chief or designee shall have authority to adopt reasonable rules and regulations for the granting of permits for those activities contained in Section 12640 of the Health and Safety Code of the Sstate of California, including supervised public displays of fireworks by a jurisdiction, fair association, amusement park, other organization, or for the use of fireworks by artisans in pursuit of their trade. Each such use or display shall be handled conducted by a licensed pyrotechnic operator as defined by Section 12527 of the Health and Safety Code of the Sstate of California, and shall be of such character and so located, discharged or fired as in the opinion of the Ffire Cchief or his designee, after proper investigation, will not be hazardous or endanger any person.
5608.2.13. Penalties for Violations. Any person violating any provision of this section shall be guilty of a misdemeanor and shall be subject to criminal prosecution, civil remedies, administrative fines and penalties, and any other remedies available to the Ccity for enforcement of this code. 5608.2.14. Concurrent Authorities. This section is shall not be the exclusive regulation for the of fireworks within the City of Los Banos. This section shall supplement and be in addition to the other regulatory codes, statutes, regulations, and ordinances heretofore and hereinafter enacted by the City of Los Banos, the State of California, or any other legal entity or agency having jurisdiction.

Any provisions of the City of Los Banos in conflict herewith are hereby repealed. This section supersedes any conflicting provisions of the Uniform Fire Code and Uniform Building Code. 5608.3. Administrative Enforcement for of Fireworks - Purpose and Scope.

A. This sSection provides for the imposition, enforcement, collection, and administrative review of all administrative fines, related to: (1) the possession, use, storage, sale and/or display of those fireworks 154
classified as “dangerous fireworks” in under California Health and Safety Code Sections 12500, et seq., with the exception of a pyrotechnic licensee when operating pursuant to that license; and (2) the sale, use, and/or display of “safe and sane fireworks” as defined in under California Health and Safety Code Sections 12500 et seq. on or at dates, times and/or locations other than those permitted by this sSection.

B. The issuance of citations imposing administrative fines may be performed at the discretion of the officials of the Ccity authorized hereunder; and the issuance of a citation to any person constitutes but one remedy to redress violations of this code by any person. By adopting this sSection, the Ccity does not intend to limit its authority to employ any other remedy, civil or criminal, to redress any violation of this code or state law by any person.

C. The imposition of fines related to “dangerous fireworks” under this sSection shall be limited to persons who possess, sell, use and/or display, or the seizure of, twenty-five (25) pounds or less (gross weight) of such dangerous fireworks.

D. Fines collected pursuant to this sSection related to “dangerous fireworks” shall not be subject to Health and Safety Code Section 12706. However, the Ccity shall provide cost reimbursement to the State Fire Marshal for the transportation and disposal of “dangerous fireworks” seized by the Ccity where applicable. These costs will be included in any administrative fines imposed under this sSection.
5608.4. Enforcement Procedures and Fines.

Administrative enforcement, including the amount of administrative fines for this sSection, shall be pursuant to the procedures set forth in Chapter 11 of Title 4 of the Los Banos Municipal Code. 5608.5. Manufacturing of Fireworks.

The manufacturing of fireworks within the City is prohibited., except under special permit as required by local and state regulations.
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156
When recorded mail to:

CITY OF LOS BANOS
5201 STREET
LOS BANOS, CA 93635

PROOF OF PUBLICATION
(2015.5 C. C. P.)

ST ATE OF CALIFORNIA,
County of Merced,
I am a citizen of the United States and a resident of
the county aforesaid; I am over the age of
twenty-one years, and not a party to or interested
in the above entitled matter. I am the principal
clerk of THE WESTSIDE EXPRESS, P.O. Box
2422, Los Banos, CA 93635, a newspaper of general
circulation, published in Los Banos, California in the
City of Los Banos, County of Merced, and which
newspaper has been adjudged a newspaper of general
circulation, by the Superior Court of the County of
Merced, State of California. That the notice, of which
the annexed is a printed copy (set in type not smaller
than nonpareil), has been published in each regular
and entire issue of said newspaper and not in any
supplement thereof on the following dates, to-wit:

Oct. 7, 2026
I certify or declare under penalty of perjury that the
foregoing is true and correct.

Dated at Los Banos,
This Oct. 7 , 2026
Signature
This space is for the County Clerk's Filing Stamp
Proof of Publication of

PUBLIC HEARING

OTYCOUNOL
N011CE OF PU8UC HEARING
NOTICE IS HEREBY GIVEN that a Publk
Hearing will be held by the Los
Banos Oty Council to consider an
amendment to Chapter 56, Section
5608, Explosives and Fireworks,
Fireworks and Pyrotechnic Special
Effects Material (Definitions) of the
Municipal Code as adopted through the
2025 California Fire Code Amendments.

The purpose of these amendments Is to
establish updated regulations and
requirements pertaining to fireworks
and pyrotechnk special effects materials
and to align local fire safety regulations
with the needs and objectives of the
convnunlty and applicable fire
protection standards.

A PUBLIC HEARING on this matter wUI be
held at the next scheduled meeting of
the Los Banos City Council on
Wednesday, October 21, 2026 at 6:00
pm. In the Council Chambers of Los
Banos 0ty Hall, located at 520 • J" Street,
Los Banos, California. Questions
regarding the above-referenced item
may be directed to the City Oerk's office
at (209) 827-2424 or [email protected].

All persons are invited to be present at
the public hearint, Writtffl-endbral
testimony Is invited. Notice Is hereby
further given that if you challenge the
above-described Project In court, you
may be limited to raising only those
Issues you or someone else raised at the
publk hearing described In this
Notice, or in written correspondence
delivered to the City Clerk at, or prior to,
the public hearing.

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

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

THE CITY OF LOS BANOS
VI0NNALIN

ASSISTANT CITY CLERK
Oct.7,2026
WEXl26-256
157

Los Banos City CouncilOctober 21, 2026

Los Banos City Council
October 21, 2026