LOsBanos
rossroa , iii{<
www.losbanos.org
AGENDA
CITY COUNCIL MEETING
CITY HALL COUNCIL CHAMBERS
520 J Street
Los Banos, California
AUGUST 17, 2022-6:00 PM
Live stream on YouTube at:
https://www.youtube.com/channel/UC3sy5 slYr3447mZsrql5Tg i If you require special assistance to attend or participate in this meeting, please call the I I City Clerk's Office@ (209) 827-7000 at least 48 hours prior to the meeting. I The City of Los Banos complies with the Americans with Disabilities Act (ADA) of 1990. * * * * * * * ** * * * * * * *
Si requiere asistencia especial para atender o participar en esta junta por favor /lame a la oficina de la Secretaria de la ciudad al (209) 827-7000 a lo menos de 48 horas previas de /a junta.
La Cuidad de Los Banos cumple con la Acta de Americanos con Deshabilidad (ADA) de 1990. •. , .................................................................................................................................................................................................................................. , ...................................................... · r~-==: 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.
* * * * * * * ** * * * * * * *
Cua/quier escritura o /os documentos proporcionaron a una mayorfa de/ Ayuntamiento respecto a cualquier artfcu/o en este orden de/ dfa sera hecho disponible para la inspecci6n publica en la reuni6n y en la oficina de la Secretaria de la ciudad en City Hall, 520 J Street, Los Banos,
California durante horas de oficina norma/es. Ademas, tales escrituras y los documentos pueden ser anunciados en el website de la ciudad en www.losbanos.org. ~ .......................................................................................................................................................................................................................................................................................... .
1. CALL TO ORDER - August 17, 2022 6:00 PM
2. PLEDGE OF ALLEGIANCE.
3. ROLL CALL: (City Council Members)
Jones __ , Lambert __ , Lewis __ , Llamas __ , Faria __
4. CONSIDERATION OF APPROVAL OF AGENDA.
Los Banos City Council Agenda -August 17, 2022 Page 1 of4 1 5. PRESENTATION.
A Certificate of Recognition - Mario Iniguez, Maintenance Mechanic I, City of Los Banos Employee of the Month for July 2022.
B. Certificate of Recognition - Petrina Gilardi, Los Banos High School Track Team All League Honors in the San Joaquin Western Athletic Conference.
C. Certificate of Recognition - Sydney Robertson, Los Banos High School Track Team All League Honors in the San Joaquin Western Athletic Conference.
D. Certificate of Recognition - Crystal Hernandez, Los Banos High School Track Team All League Honors in the San Joaquin Western Athletic Conference.
E. Certificate of Recognition - Ben Hoffman, Los Banos High School Track Team All League Honors in the San Joaquin Western Athletic Conference.
F. Certificate of Recognition - Emma Van Leben Sels, Los Banos High School Future Farmers of America Achievements at Sectionals and Dairy Cattle Entrepreneurship.
G. Senator Anna Caballero Presentation Regarding the 2022 Young Legislators Program.
6. PUBLIC FORUM. (Members of the public may address the City Council Members on any item of public interest that is within the jurisdiction of the City Council; includes agenda and non-agenda items. No action will be taken on non-agenda items. Speakers are limited to a five (5) minute presentation. Detailed guidelines are posted on the Council Chamber informational table.)
7. CONSIDERATION OF APPROVAL OF CONSENT AGENDA (Items on the Consent Agenda are considered to be routine and will be voted on in one motion unless removed from the Consent Agenda by a City Council Member.) A Check Register for #234254 - #234509 in the Amount of $842,101.03.
Recommendation: Approve the check register as submitted.
8. Minutes for the July 20, 2022 City Council Meeting.
Recommendation: Approve the minutes as submitted.
C. Minutes for the August 3, 2022 City Council Meeting.
Recommendation: Approve the minutes as submitted.
D. City Council Resolution No. 6535 - Reauthorizing Remote Teleconference Meetings of the Legislative Bodies of the City of Los Banos Pursuant to the Provisions of AB 361.
Recommendation: Adopt the resolution as submitted.
Los Banos City Council Agenda - August 17, 2022 Page 2 of 4 Pgs 7-8
Pgs 5-6
Pgs 9-10
Pgs 11-12
Pgs 13-14
Pgs 15-16
Pgs 17-18
Pgs 19-24
Pgs 25-32
Pgs 33-38
Pgs 39-46
2 E. City Council Resolution No. 6536 - Authorizing the Interim City Manager of Los Banos to Enter into a Memorandum of Understanding for the City of Los Banos and the Los Banos Unified School District as it Pertains to Emergency Medical Services for District Sponsored Events.
Recommendation: Adopt the resolution as submitted.
F. City Council Resolution No. 6537 - Authorizing the Interim City Manager to Execute a Professional Services Agreement with Gouveia Engineering, Inc. for On-Call Airport Engineering Services.
Recommendation: Adopt the resolution as submitted.
G. City Council Resolution No. 6538 - Authorizing the Interim City Manager to Execute a Professional Services Agreement, and the Public Works Director/City Engineer to Administer with O'Dell Engineering, QK Inc., and Callander Associates Landscape Architecture Inc. (GALA) for On-Call Landscape Architecture, Landscape Plan Check, and Landscape Inspection Services.
Recommendation: Adopt the resolution as submitted.
H. City Council Resolution No. 6539 - Authorizing the Interim City Manager to Execute a Measure V Local Funding Agreement with Merced County Association of Governments for the Administration of the Local Projects Funding From Measure V.
Recommendation: Adopt the resolution as submitted.
I. City Council Resolution No. 6540 - Amending City Council Resolution No. 5248 Relating to the City's Conflict of Interest Code.
Recommendation: Adopt the resolution as submitted.
8. TRAFFIC CALMING MEASURES: SPEED CUSHION POLICY AND
PROCEDURE REPORT.
A. City Council Resolution No. 6541 - Approving and Adopting the Revised Traffic Calming Measures: Speed Cushion Policy and Procedures.
Recommendation: Receive staff report and adopt the resolution as submitted.
9. APPOINT MEMBER TO THE FOLLOWING COMMITTEE:
A. Measure H Citizens' Oversight Committee - Three (3) Vacancies One (1) Unexpired Term - Expiring December 31, 2023
Recommendation: Appoint member to fill the vacancy.
10. COUNCIL MEMBER REQUEST - Discussion Regarding the Continued Operation/Closure of the Rail-Trail Encampment (Council Member Jones).
Recommendation: Receive staff report and direction on how to proceed.
Los Banos City Council Agenda - August 17, 2022 Page 3of4 3 11. COUNCIL MEMBER REQUEST - Presentation Regarding an OveNiew of the Los Banos Animal Shelter Capital Improvement Plan (Council Member Lewis).
Recommendation: Informational item only, no action to be taken.
12. ADVISEMENT OF PUBLIC NOTICES. (No Report)
Recommendation: Informational item only, no action to be taken.
13. CITY MANAGER REPORT.
Recommendation: Informational item only, no action to be taken.
14. REPORT/UPDATE ON MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG), PENINSULA CLEAN ENERGY (PCE), AND MEASURE V COMMITTEE.
Recommendation: Informational item only, no action to be taken.
15. CITY COUNCIL MEMBER REPORTS.
A. Refugio Llamas
B. Brett Jones
C. Kenneth Lambert
D. Deborah Lewis
E. Mayor Tom Faria
16. CLOSED SESSION - Conference with Legal Counsel - Anticipated Litigation, Significant Exposure to Litigation Pursuant to§ 54956.9(b): (One Potential case).
17. ADJOURNMENT.
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. £-~t~
Lucille L. Mallonee, City Clerk Dated this 12th day of August 2022 Los Banos City Council Agenda -August 17, 2022 Page 4 of4 Pgs 193-194
4 CERTIFICATE OF RECOGNITION
(J>resentecf <To
MARIO INIGUEZ
Maintenance Mechanic I - Public Works Department
In recognition of your outstancfi.ng peiformance
ancf cfecficatecf service to tlie City of Los (J3anos ancf for 6eing namecf "P.mpfoyee of tlie :M.ontli "for Ju[y 2022. :Manue['lnomas Paria III, :Mayor
(J)atea: Jl_ugust 17, 2022
tOsBanos
At tl1c Crossroads of California
ITEM 5A
5 THIS PAGE IS INTENTIONALLY LEFT BLANK
6 CERTIFICATE OF RECOGNITION
<Presented <To
PETRINA GILARDI
Los Banos High School Track Team
In recognition of your outstanding sportsmansliip
and for pfacing pt and ''.JL{{ League" in tlie 300-meter liurdfes event and for pfacing 3ra in tlie 4 ~ 100-meter event
in tlie San Joaquin Western Jlt/ifetic Conference.
:M.anuef'lhomas Paria III, :M.ayor
(J)atetf: Jl.ugust 17, 2022
tOsBanos
At the Crossroads of California
ITEM 5B
7 THIS PAGE IS INTENTIONALLY LEFT BLANK
8 CERTIFICATE OF RECOGNITION
<.Presented 'To
SYDNEY ROBERTSON
Los Banos High School Track Team
In recognition of your outstanding sportsmansfiip
and for pfacing pt and "Jl[[ League" in tfie Sfiot <Put event in tfie San Joaquin Western}ltfifetic Conference.
Manue{%omas Paria III, Mayor
<Datea: Jlugust 17, 2022
LOsBanos
At the Crossroads oj California
ITEM 5C
9 THIS PAGE IS INTENTIONALLY LEFT BLANK
10 CERTIFICATE OF RECOGNITION
<.Presented 7'o
CRYSTAL HERNANDEZ
Los Banos High School Track Team
In recognition of your outstanding sportsmanship
and for pfacing pt and ''Jl{{ League" in the1600-meter event and for pfacing 3rd in the 4 -t 400-meter event
in the San Joaquin Western JI. thfetic Conference.
:Manue('l.nomas Paria III, :Mayor
<Datetf: Jlugust 17, 2022
LOsBanos
At the Crossroads of California
ITEM 5D
11 THIS PAGE IS INTENTIONALLY LEFT BLANK
12 CERTIFICATE OF RECOGNITIO.l\T
<Presented <To
BEN HOFFMAN
Los Banos High School Team
In recognition of your outstanding sportsmanship
ancf for pCacing pt ancf ''JI{{ League" in the 400-meter event ancf for pCacing 4th in the 4 ~ 400-meter event
in the San Joaquin Westemjlth{etic Conference.
9r1anue{'Inomas Paria III, 9r1ayor
(})atea: Jlugust 17, 2022
LOsBanos
At lhe Crossroacls of California
ITEM 5E
13 THIS PAGE IS INTENTIONALLY LEFT BLANK
14 CERTIFICATE OF RECOGNITION
(Jlresentecf 'To
EMMA VAN LO BEN SELS
Los Banos High School Future Farmers of America
In recognition of your acnievements in tne various
Puture Panners of .Jlmerica (PP.Jl)Sectionafs you nave participated in ancf for pfacing 5th in tne Wation in (})airy Catt{e P,ntrepreneursnip. :Jvlanue[<Jli,omas <Faria III, :Mayor
(}Jatea: ;4.ugust 17, 2022
LOsBanos
At the Crossroad.~ of California
ITEM 5F
15 THIS PAGE IS INTENTIONALLY LEFT BLANK
16 LOsBanos
-\t tlu· C,o,,nmch alifc
Agenda Staff Report
TO: Mayor & City Council Members
FROM: Gregory B. Wellman, Interim City Manage
DATE: August 17, 2022
SUBJECT: Senator Caballero Presentation
TYPE OF REPORT: Agenda Item
Background:
Joyce Dale, District Representative of the Office of Senator Anna Caballero, will give a presentation on the 2022 Young Legislators Program.
This is an informational item only, no action to be taken.
GBW/lm
ITEM 5G
17 THIS PAGE IS INTENTIONALLY LEFT BLANK
18 CK# 234254 - # 234509
Bank Reconciliation
Checks by Date
User: jcanchola
Printed: 08/10/2022 - 8:08AM
Cleared and Not Cleared Checks
Print Void Checks
Check Check Date Name
234254 7/29/2022 KD Anderson & Associates Inc.
234255 7/29/2022 Anthony Gomes
234256 7/29/2022 Aramark Uniform Ser Inc
234257 7/29/2022 AT&T
234258 7/29/2022 Battery Systems, Inc.
234259 7/29/2022 Boot Barn
234260 7/29/2022 BSK Associates
234261 7/29/2022 Caliber Bodyworks, Inc.
234262 7/29/2022 California Building Standards Commission 234263 7/29/2022 Capital One
234264 7/29/2022 CDTFA California Dept. of Tax & Fee
234265 7/29/2022 Jesse Ceja
234266 7/29/2022 Cintas Corporation No.2
234267 7/29/2022 Manuel A Avila
234268 7/29/2022 Clark Pest Control Inc
234269 7/29/2022 Comcast
234270 7/29/2022 Copy Shipping Solutions
234271 7/29/2022 LN Curtis & Sons
234272 7/29/2022 Dept of Conservation
08/17/2022 $842,101.03
LOsBanos
Module Void Amount
AP 1,500.00
AP 927.95
AP 1,138.25
AP 401.10
AP 1,455.55
AP 102.76
AP 3,062.00
AP 2,268.19
AP 1,067.40
AP 312.32
AP 944.00
AP 1,328.00
AP 92.19
AP 200.92
AP 170.00
AP 574.47
AP 90.10
AP 2,178.38
AP 3,053.97
234273 7/29/2022 Dept of Housing & Community Development State NSP AP 16,095.00 234274 7/29/2022 Duncan Printing Co. Inc. AP 677.25
234275 7/29/2022 Edges Electrical Group, LLC AP 97.50
234276 7/29/2022 Alejandra Espinoza AP 550.00
234277 7/29/2022 Farmer Brothers Coffee AP 248.12
234278 7/29/2022 Fast Track Car Wash AP 514.50
234279 7/29/2022 Traci Favaloro AP 350.00
234280 7/29/2022 Gouveia Engineering Inc. AP 38,744.23
234281 7/29/2022 Great Valley Supply AP 336.52
234282 7/29/2022 Adrianna Gutierrez AP 600.00
234283 7/29/2022 Halcyon Creek Inc. AP 44,463.40
234284 7/29/2022 Henley Pacific, LLC AP 191.42
234285 7/29/2022 Christina M. Jones AP 500.00
234286 7/29/2022 Liebert Cassidy Whitmore AP 1,889.00
234287 7/29/2022 Local Agency Formation Commission AP 9,073.15 234288 7/29/2022 Lucas Business Systems AP 52.09
234289 7/29/2022 Mark Thomas & company. Inc. AP 6,956.41 234290 7/29/2022 Marfab Inc AP 349.18
234291 7/29/2022 Matson Alarm Co Inc AP 189.00
234292 7/29/2022 MECOM Equipment LLC AP 4,791.28
234293 7/29/2022 Merced Truck & Trailer Inc AP 473.23
234294 7/29/2022 Monterey Auto Services Inc. AP 1,908.20 234295 7/29/2022 Napa Auto Parts of Los Banos AP 5,276.08 ITEM 7A
19 234296 7/29/2022 Gerald "Obie" O'Brien AP 77.14
234297 7/29/2022 The Office City AP 73.12
234298 7/29/2022 OSE AP 427.58
234299 7/29/2022 O'Reilly Auto Parts AP 2,222.94
234300 7/29/2022 PAPE Machinery Inc. AP 561.56
234301 7/29/2022 Pevo Sports Co. AP 14,360.00
234302 7/29/2022 Premier Access Insurance Co. AP 19,544.49 234303 7/29/2022 Placer Labs, Inc. AP 18,750.00
234304 7/29/2022 Precision Civil Engineering, Inc AP 1,890.00 234305 7/29/2022 Provost and Pritchard Engineering, Inc. AP 147.50 234306 7/29/2022 Protech Security & Electronics, Inc. AP 317.50 234307 7/29/2022 Pyro Spectaculars, Inc. AP 1,350.00
234308 7/29/2022 Razzari Ford AP 3,703.03
234309 7/29/2022 Ronny's Inc. AP 1,043.00
234310 7/29/2022 Megan Ramos AP 600.00
234311 7/29/2022 Save Mart Supermarkets AP 217.20
234312 7/29/2022 Smith & Loveless Inc AP 471.30 -
234313 7/29/2022 Sorensens True Value AP 1,617.52
234314 7/29/2022 Straight Edge Roofing, Inc. AP 2,500.00 234315 7/29/2022 Sun Life Financial AP 6,456.59
234316 7/29/2022 Superior Pool Products, LLC AP 5,438.31 234317 7/29/2022 Swank Motion Pictures, Inc. AP 700.00
234318 7/29/2022 The Don Chapin Co., Inc. AP 1,288.33
234319 7/29/2022 Thirkettle Corporation AP 31,657.13
234320 7/29/2022 Triangle Rock Products AP 727.87
234321 7/29/2022 Tulare Firestone AP 358.47
234322 7/29/2022 Unique Glass AP 194.76
234323 7/29/2022 United Textile AP 218.65
234324 7/29/2022 D.R. Horton AP 167.05
234325 7/29/2022 Meritage Homes AP 157.85
234326 7/29/2022 Oscar Borda AP 62.54
234327 7/29/2022 D.R. Horton AP 166.28
234328 7/29/2022 Rajpal Sangha AP 168.31
234329 7/29/2022 Michael Boerlin AP 306.51
234330 7/29/2022 D.R. Horton AP 166.28
234331 7/29/2022 Ariel Stem AP 120.76
234332 7/29/2022 David Nieto AP 151.00
234333 7/29/2022 Aminollah Delavari AP 158.80
234334 7/29/2022 Joseph Chan AP 63.71
234335 7/29/2022 DLP Real Estate, Inc. AP 66.88
234336 7/29/2022 D.R. Horton AP 155.55
234337 7/29/2022 MHP Builders Inc AP 181.61
234338 7/29/2022 Stephen 0' Day AP 25.67
234339 7/29/2022 Meritage Homes AP 138.25
234340 7/29/2022 Alana Villemez AP 111.25
234341 7/29/2022 Paulina Taylor AP 13.57
234342 7/29/2022 Anthony Medeiros, Jr. AP 136.60
234343 7/29/2022 Ana Cervantes-Valles AP 46.51
234344 7/29/2022 Century Communities AP 172.41
234345 7/29/2022 Leah Archuleta AP 41.51
234346 7/29/2022 D.R. Horton AP 158.18
234347 7/29/2022 MHP Builders Inc AP 172.41
234348 7/29/2022 D.R. Horton AP 160.48
234349 7/29/2022 Century Communities AP 190.04
234350 7/29/2022 Meritage Homes AP 134.42
234351 7/29/2022 Law Offices of William A Vaughn AP 12,600.00 20 234352 7/29/2022 Law Offices of William A Vaughn AP 675.00 234353 7/29/2022 Verizon Wireless AP 570.15
234354 7/29/2022 Westside Water Conditioning AP 62.32
234355 7/29/2022 Windecker Inc AP 5,261.69
234362 8/5/2022 Amsoil Inc. AP 222.04
234363 8/5/2022 Animal Damage Management, Inc. AP 4,940.00 234364 8/5/2022 Anthony Gomes AP 120.00
234365 8/5/2022 Aramark Uniform Ser Inc AP 1,200.94
234366 8/5/2022 AT&T AP 57.15
234367 8/5/2022 Dorothy June Baker AP 2,000.00
234368 8/5/2022 Best Concrete Blocks, Inc. AP 3,455.20
234369 8/5/2022 BJ's Consumers Choice AP 250.00
234370 8/5/2022 Boot Barn AP 459.99
234371 8/5/2022 Borelli Real Estate Service, Inc. AP 90.00 234372 8/5/2022 Borges & Mahoney Company AP 970.92
234373 8/5/2022 Bruce's Tire Inc AP 1,898.97
234374 8/5/2022 BSK Associates AP 55.00
234375 8/5/2022 Central Sanitary Supply AP 815.10
234376 8/5/2022 Comcast AP 8.03
234377 8/5/2022 Custom Locksmith & Alarm Inc. AP 127.64 234378 8/5/2022 Ladonna Cleary AP 350.00
234379 8/5/2022 Display Sales AP 699.27
234380 8/5/2022 E & J Elite Plumbing AP 4,800.00
234381 8/5/2022 Employee Relations, Inc. AP 50.00
234382 8/5/2022 Engineering Unlimited Inc AP 929.14
234383 8/5/2022 Fastenal Company AP 47.59
234384 8/5/2022 Galls Inc AP 641.42
234385 8/5/2022 Galvin Preservation Associates, Inc. AP 3,968.13 234386 8/5/2022 Governmentjobs.com, Inc. AP 10,959.26
234387 8/5/2022 Grainger Parts Operations AP 200.79
234388 8/5/2022 Hach Company AP 639.48
234389 8/5/2022 Halcyon Creek Inc. AP 568.46
234390 8/5/2022 InfoSend Inc. AP 23,753.43
234391 8/5/2022 Jerry Witt AP 2,389.00
234392 8/5/2022 Phil Jacob AP 600.00
234393 8/5/2022 Jorgensen & Sons Inc. AP 385.00
234394 8/5/2022 Lawson Products, Inc. AP 1,569.59
234395 8/5/2022 Liebert Cassidy Whitmore AP 100.00
234396 8/5/2022 Lincoln Equipment Inc AP 249.92
234397 8/5/2022 Lucas Business Systems AP 193.83
234398 8/5/2022 Mark Thomas & company. Inc. AP 25,555.36 234399 8/5/2022 Marfab Inc AP 160.97
234400 8/5/2022 Matson Alarm Co Inc AP 378.00
234401 8/5/2022 Merced County Regional Waste Management Authority AP 4,839.23 234402 8/5/2022 Merced Truck & Trailer Inc AP 818.29
234403 8/5/2022 Madera Uniform & Accessories AP 565.72
234404 8/5/2022 Mid-Valley Disposal LLC AP 252,366.97
234405 8/5/2022 Monterey Auto Services Inc. AP 1,234.74 234406 8/5/2022 Municipal Maintenance Equipment, Inc. AP 2,462.37 234407 8/5/2022 Napa Auto Parts of Los Banos AP 2,077.08 234408 8/5/2022 NDN International LLC AP 3,170.54
234409 8/5/2022 The Office City AP 42.87
234410 8/5/2022 OSE AP 20.98
234411 8/5/2022 David Oliveira AP 1,312.25
234412 8/5/2022 O'Reilly Auto Parts AP 1,667.02
234413 8/5/2022 PG&E Company AP 15,478.26
21 234414 8/5/2022 Pete Grove AP 80.00
234415 8/5/2022 Pinnacle Medical Group, Inc. AP 58.00
234416 8/5/2022 PlaceWorks, Inc. AP 35,452.30
234417 8/5/2022 Provost and Pritchard Engineering, Inc. AP 24,128.70 234418 8/5/2022 Purchase Power Inc AP 3,247.45
234419 8/5/2022 Protech Security & Electronics, Inc. AP 189.00 234420 8/5/2022 Razzari Ford AP 201.47
234421 8/5/2022 Save Mart Supennarkets AP 136.74
234422 8/5/2022 Sherwin Williams Co AP 636.85
234423 8/5/2022 SU Holdings, Inc AP 1,895.22
234424 8/5/2022 Frank Silveria AP 1,004.00
234425 8/5/2022 Natalie Sobalvarro AP 150.00
234426 8/5/2022 Sorensens True Value AP 971.03
234427 8/5/2022 Shivraj Sandhu AP 900.00
234428 8/5/2022 The Don Chapin Co., Inc. AP 1,065.81
234429 8/5/2022 Thirkettle Corporation AP 4,271.18
234430 8/5/2022 Underground Service Alert of AP 2,345.13 234431 8/5/2022 United Site Services, Inc. AP 255
.50
234432 8/5/2022 Anderson Homes AP 22.99
234433 8/5/2022 Borelli Real Estate AP 40.00
234434 8/5/2022 Jody Mincey AP 97.50
234435 8/5/2022 James Maddox AP 9.82
234436 8/5/2022 Elizabeth Alcantar AP 80.09
234437 8/5/2022 D.R. Horton AP 22.99
234438 8/5/2022 D.R. Horton AP 22.99
234439 8/5/2022 D.R. Horton AP 22.99
234440 8/5/2022
D.R. Horton AP 22.99
234441 8/5/2022 D.R. Horton AP 22.99
234442 8/5/2022 D.R. Horton AP 22.99
234443 8/5/2022
D.R. Horton AP 22.99
234444 8/5/2022 D.R. Horton AP 22.99
234445 8/5/2022 D.R. Horton AP 22.99
234446 8/5/2022 D.R. Horton AP 22.99
234447 8/5/2022 D.R. Horton AP 22.99
234448 8/5/2022 D.R. Horton AP 22.99
234449 8/5/2022
D.R. Horton AP 25.66
234450 8/5/2022 D.R. Horton AP 14.56
234451 8/5/2022 D.R. Horton AP 14.56
234452 8/5/2022 D.R. Horton AP 14.56
234453 8/5/2022 Sunshine Investments AP 47.56
234454 8/5/2022 Rafael Herrera AP 78.31
234455 8/5/2022 MHP Builders Inc AP 22.99
234456 8/5/2022 MHP Builders Inc AP 22.99
234457 8/5/2022 Pritam Grewal AP 365.27
234458 8/5/2022 Josaq Home Solutions AP 101.32
234459 8/5/2022 Rosa Cecena AP 65.13
234460 8/5/2022 Salvador Zamora AP 100.00
234461 8/5/2022 Guadalupe Moreno AP 200.00
234462 8/5/2022 Katherine & James Grady AP 165.13
234463 8/5/2022 Pacific Credit Services AP 8.42
234464 8/5/2022 D.R. Horton AP 154.89
234465 8/5/2022 D.R. Horton AP 151.73
234466 8/5/2022 Home Sweet Home Property Management Co. AP 180.38 234467 8/5/2022 Meritage Homes AP 170.68
234468 8/5/2022 Jesus Patino AP 111.68
234469 8/5/2022 Juan & Maria Valdez AP 65.66
22 234470 8/5/2022 Sajan Uthup AP 7.37
234471 8/5/2022 Meritage Homes AP 167.52
234472 8/5/2022 Aldina Real Estate, Inc. AP 135.39
234473 8/5/2022 Armando Rabago Vindiola AP 114.95
234474 8/5/2022 Jesus Rodriguez AP 65.66
234475 8/5/2022 Tammie Kersthold AP 129.06
234476 8/5/2022 Tran Thi Ngoc Truong AP 90.92
234477 8/5/2022 Century Communities AP 163.30
234478 8/5/2022 Qinglong Hu AP 91.95
234479 8/5/2022 Luis Beltran AP 62.39
234480 8/5/2022 Alma Verdusco AP 48.15
234481 8/5/2022 Victoria Rios AP 96.95
234482 8/5/2022 D.R. Horton AP 151.73
234483 8/5/2022 D.R. Horton AP 151.73
234484 8/5/2022 VCA Animal Hospitals, Inc. AP 210.27
234485 8/5/2022 Windecker Inc AP 4,015.51
234486 8/5/2022 W.M. Lyles Co. AP 7,623.75
234487 8/5/2022 Young's Air Conditioning AP 2,825.15
234488 8/5/2022 Aflac-Customer Service AP 319.73
234489 8/5/2022 AFSCME District Council 57 AP 1,336.24
234490 8/5/2022 In Shape Health Clubs Inc AP 72.00
234491 8/5/2022 Los Banos Police Assn AP 245.00
234492 8/5/2022 Los Banos Police Assn AP 945.00
234493 8/5/2022 MassMutual AP 1,019.36
234494 8/5/2022 MassMutual AP 3,505.00
234495 8/5/2022 Nationwide Retirement Solutions AP 4,635.00 234496 8/5/2022 Professional Fire Fighter AP 975.00
234497 8/5/2022 State Disbursement Unit AP 937.50
234498 8/5/2022 Vantagepont Transfer Agents - 306797 AP 415.15 234499 8/5/2022 Vantagepoint Transfer Agents - 801838 AP 9,000.00 234500 8/5/2022 Kasey Alim AP 20.00
234501 8/5/2022 Jairo Acosta AP 36.00
234502 8/5/2022 Sara Blevins AP 365.00
234503 8/5/2022 Ashley Carrera AP 600.00
234504 8/5/2022 Mary Lou Gilardi AP 165.25
234505 8/5/2022 Steve Macillas AP 140.00
234506 8/5/2022 Merced County Tax Collector AP 83.19
234507 8/5/2022 Pace Supply Corp. AP 9,879.89
234508 8/5/2022 Premier Training Services, LLC AP 112.50 234509 8/8/2022 PG&E Company AP 34,759.70
Break in check sequence due to the following: Total Void Check Count: 0 Check# 234356 - # 234361 (Payroll) Total Void Check Amount:
Total Valid Check Count: 250
Total Valid Check Amount: 842,101.03
Total Check Count: 250
Total Check Amount: 842,101.03
23 THIS PAGE IS INTENTIONALLY LEFT BLANK
24 CITY OF LOS BANOS
CITY COUNCIL MEETING MINUTES
JULY 20, 2022
ACTION MINUTES - These minutes are prepared to depict action taken for agenda items presented to the City Council. For detaH of this meeting refer to the electronic media (CD and/or audio) kept as a permanent record.
CALL TO ORDER: Mayor Faria called the City Council Meeting to order at the hour of 6:04 p.m.
PLEDGE OF ALLEGIANCE: Police Chief Brizzee led the pledge of allegiance.
ROLL CALL - MEMBERS OF THE CITY COUNCIL PRESENT: Council Members Brett Jones, Kenneth Lambert, Deborah Lewis, Refugio Llamas, Mayor Manuel Thomas Faria Ill; ABSENT: None.
STAFF MEMBERS PRESENT: City Attorney Vaughn, Interim City Manager Wellman, City Clerk/Human Resources Director Mallonee, City Treasurer/Accounting & Budget Supervisor Tomas, Community & Economic Development Director Souza Elms, Police Chief Brizzee, Police Commander/Acting Fire Chief Reyna, Public Works Director/City Engineer Than.
CONSIDERATION OF APPROVAL OF AGENDA: Motion by Lambert, seconded by Lewis to approve the agenda as submitted. The motion carried by the affirmative action of all Council Members present.
PRESENTATION - CERTIFICATE OF RECOGNITION - SARAH SANCHEZ,
DISPATCH SUPERVISOR, CITY OF LOS BANOS EMPLOYEE OF THE MONTH FOR JUNE 2022. Mayor Faria presented the Certificate to Sarah Sanchez who attended at the meeting to accept.
PUBLIC FORUM: MEMBERS OF THE PUBLIC MAY ADDRESS THE CITY COUNCIL
MEMBERS ON ANY ITEM OF PUBLIC INTEREST THAT IS WITHIN THE JURISDICTION OF THE CITY; INCLUDES AGENDA AND NON-AGENDA ITEMS. NO ACTION WILL BE TAKEN ON NON-AGENDA ITEMS. SPEAKERS ARE LIMITED TO A FIVE (5) MINUTE PRESENTATION. DETAILED GUIDELINES ARE POSTED ON THE COUNCIL CHAMBER INFORMATIONAL TABLE. Mayor Faria opened the public forum and asked those at the meeting if they would like to speak: UNNAMED PERSON, stated that she lives at the Mobile Home Park in Los Banos by the homeless encampment and spoke regarding her concerns with the homeless people that live there, how there was homeless man running around buck-naked, how she is terrified that one of those homeless people are going to molest one of those kids, not fair for the parents to not let the kids play in the yards because they are afraid of what they might see or what could happen, how they have tried everything time after time to come to City Council to get ITEM 7B
25 help, just the other day a fire was started near the homeless encampment with a truckload of wood that was dropped off, people that are disabled and if their mobile homes catch fire their homes are gone, she is so frustrated because she does not know what to do any more, she is scared to be at home, that someone is going to get hurt, you all need to open your hearts to listen to us and really listen, we need help; THOMAS, neighbor at the mobile home park near the homeless encampment, spoke regarding how city workers came and spent hours cleaning up and dumping trash at the homelessness encampment, and showed pictures he had taken, and urged them to please do something about the homeless encampment park behind the mobile home park; SHANDRA LEWIS, Los Banos, stated that she received a message on Saturday from a resident regarding garbage coming through their backyard, how tenants are feeling like they are being invaded, being stolen from, trying to break into cars, spoke how they are dealing with homeless people walking through their mobile home park to get to the encampment, they do not stay within the confined area, they start fires that are horribly smelling, they burn anything, they don't follow the rules and one of these days someone is going to get hurt, and she would appreciate more follow-up on this; JACQULYN LAWRENCE, Los Banos, stated that she hasn't been to a Council Meeting in a while and spoke regarding how she has been homeless and she knows about homeless being attacked, she stayed behind the Taco Bell in a tent, because she is a missionary now she will have to forgive, she has come to the conclusion that there needs to be a homeless shelter here in Los Banos like Merced, spoke of her concern with the plastic that was given to them, the metal buildings that she has ideas about, building their own tiny houses on Ward Road and Highway 152 and how if they build it themselves they will take pride in it; KATHLEEN EULEY, spoke regarding the upcoming budget and the money that is earmarked for the Animal Control Shelter and how the money should go to housing the animals and not towards the administrative buildings, how the animals are inadequately cared for and to just really take that into consideration when making plans; JOE BARCELLOS, Los Banos, stated that he was unable to attend last week's meeting and would be remised if he did not come to speak on behalf of and in support of Josh Pinheiro, he considered him to be proactive, and caring, how they respected each other and each other's opinions, how he was changing things and sometimes you have to rattle the cages, he spoke to the Brown Act that was passed in 1983 and how he believes the people have spoken and will continue to speak; ANN McCAULEY, Los Banos resident for 25 years, stated that she was not lucky enough to know Josh Pinheiro but she thought he was quite a remarkable person, she is bothered by a prior Finance employees comments regarding the ill will with city department managers, how these managers stick together, employees see a lot more than managers recognize, concern without bylaws being followed, to have time lapse without an acting city manager is inexcusable, concerns with unfilled management positions, why is it that city does business with spouses like the City Clerk her husband, why are we hiring one family member after another, you have lost confidence in this town since Josh has been fired, this City has lost opportunity after opportunity, it's nice to have competition in our election races, how Paul Llanez was the Police Union President the first time he ran for Mayor but has recently resigned from the position, he has new ideas to advance this town, City Clerk needs to resigns and how she is working weekends as an IT Manager, City Attorney needs to resign because he didn't pay attention to the bylaws; CHRISTINE CHAVEZ, Transit Manager for the Merced County Association of 26 Governments, spoke regarding the 5-Year planning document that outlines the plans for their different programs in Merced County, i.e. the Bus and transit needs, updates to Routes 4 and 7, how they are accepting public comment and working on updates to the commuter routes to Merced, free fares for general passengers throughout Merced County July, August and September and hopes everyone takes advantage of that, and how YARTS is in full swing; LEVI FISTORI, reading from a prepared letter that is on file with the City Clerk spoke regarding the Los Banos Animal Shelter, how she has been volunteering there and her concerns and views on how it is run, there is a severe lack of medical care for the animals, there is a budget of $1,000 per year for medical expenses at the Animal Shelter which is not near enough, how she has spent her own funds to help the Animal Shelter, how injured cats are not being properly taken care of, her recommendation is that this needs to be addressed immediately and they have so much to do, change from an open intake to a closed intake or allocate funds for a trained veterinarian; KATHY BALLARD, Los Banos, stated that item #9 - Consideration of Selection of an Executive Search Firm to Assist the City Council the Recruitment of a New City Manager and there is not an open forum and she has a question regarding that item, speaking to when we first went through the recruitment last year and how if someone didn't make it a full year than they would go ahead and post it again and wonders why we are not going back to that firm to help us hire a new City Manager; NANCY CLINE, reading from a prepared letter that is on file with the City Clerk spoke regarding the Los Banos Animal Shelter and how she has spoken before regarding her concerns, spoke regarding her experience with animal shelters, how she has been coming to the animal shelter for over a year to help out, concerns with the shelter days and hours of operation and why there was a recent change, how there are only 2 staff members out there and when they don't get to take a lunch they go home early, issues with staffing and if they go out on calls there is no one out there at the shelter, shelter operations need to be beneficial to the public, how shelter needs repairs in a big way, the shelter website has not been updated since 2018, spoke about vouchers regarding spay and neuter, and thanked the City Council for the time to talk; ELAINE COREY, stated that she is disappointed, she is ashamed that you would allow personalities to clash and allow the firing of Josh, you knew he had no government experience and then you turned on him, he had ideas of his own and he was too aggressive and moved way to fast for you, you really need to pay more attention, none of it was thought out; MIKE HUGHES, I just got one little tiny question to ask why you, the Mayor, are not running the timer correctly, you don't interrupt them until their 5 minute time is up. Mayor Faria asked the City Clerk if she had received any comments to be read into the record. City Clerk Mallonee stated that she received the following comments that is on file with the City Clerk: KASEY MILLER, Park Operator at Rancho Los Banos Mobile Home Park, wrote regarding her concerns with the homeless encampment behind the mobile home park and the disgusting things they have been having to deal with and the continuous problems they are dealing with, pleading with the City Council to do something about the situation and how she is holding the city responsible for any further issues we have with the homeless; SUSAN CASTILLO, wrote in support of Josh Pinheiro, how he is a mature, very well educated and a man of integrity, principles and morals, former employees work experience giving clarity to the situation, how Josh Pinheiro was disrespected, slandered and wrongfully terminated, how he was there for her and her family when her son was shot, he cares about the City and how he 27 needs to be brought back; KAREN CARTER, wrote in support of Josh Pinheiro and how he has excelled in academics, employment and an entrepreneur, how he was disrespected and wrongfully terminated, the toxic behavior/attitude of office staff who were intimidated by Josh Pinheiro, how he was always looking for ways to improve our City and was making progress, certain council members need to resign, how City Hall needs a facelift in operation and attitude, how Josh is a man of integrity and you need to bring Josh Pinheiro back and replace the 3; ALYSSA GRIJALVA, wrote regarding how she resigned from the Finance Department earlier this year, how the Council Chambers were flooded with residents as well as City employees who were and continue to be in support of City Manager Pinheiro, rumors circulating through the community that are false, how the decision was spontaneous and emotion, how the Human Resources Director/elected City Clerk and the Assistant City Clerk/Huma Resources Analyst are the issue, referring to a letter from Sharon Wilson and information contained in that letter, firing City Manager Pinheiro and hiring an Interim City Manager is a slap in the face and wrong; Council Member Jones asked that the City Clerk read an email dated July 6, 2022 that was not received in time to read at the last Council Meeting: STAN WILSON wrote in support of Josh Pinheiro and the deserved scrutiny and public outcry in his defense, how he knows a few city employees and has learned there are a few toxic administrators at City Hall, how Josh Pinheiro was looking into some serious complaints and how they need to resign or be disciplined, the revolving door of new employees and urged the newspapers to dig much much deeper. No one else came forward to speak and the public forum was closed.
CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Council Member Lewis requested that item 7F - City Council Resolution No. 6530 - Awarding Contract(s) for Publication of Legal Notices/Legal Advertisements for Fiscal Year Ending June 30, 2023 and Authorizing and Directing the Interim City Manager to Execute Agreement(s) be removed from the consent agenda for separate presentation and vote.
City Clerk/Human Resources Director stated that she could answer any questions that the City Council might have on Item 7F - City Council Resolution No. 6530 - Awarding Contract(s) for Publication of Legal Notices/Legal Advertisements for Fiscal Year Ending June 30, 2023 and Authorizing and Directing the Interim City Manager to Execute Agreement(s). There was Council Member and staff discussion regarding concerns regarding the submittal by Merced Sun Star and online publication not being available at not cost but when that is not the case, legal publications are not viewable for all to see unless they pay for a subscription, and to make that question more clear when the RFP goes out next time, how one newspaper allows free access to online (Westside Express) and one does not (Merced Sun Star). City Attorney Vaughn explained the legal publishing requirements, adjudicated newspapers, number of subscriptions, print and online publications, being free to view is not the question, it was if there was an additional cost to post online in addition to print costs, and explained why staff is requesting more than one newspaper be awarded an agreement because of timing issues with the daily and monthly circulations for the submitted newspaper especially when it comes to public hearing notices. Mr. Gene Lieb explained the paywall process when being able to read the newspaper online and noted that The Westside Express does not have a paywall. 28 Motion by Lewis, seconded by Llamas to approve City Council Resolution No. 6530 - Awarding Contract(s) for Publication of Legal Notices/Legal Advertisements for Fiscal Year Ending June 30, 2023 and Authorizing and Directing the Interim City Manager to Execute Agreement(s). The motion carried by the affirmative action of all Council Members present.
Motion by Lambert, seconded by Lewis to approve the consent agenda as follows: Check Register for #233821 - #234089 in the Amount of $1,271,360.02; Minutes for the June 15, 2022 City Council Meeting; Minutes for the June 22, 2022 Special City Council Meeting; Minutes for the June 28, 2022 Special City Council Meeting; City Council Resolution No. 6529- Reauthorizing Remote Teleconference Meetings of the Legislative Bodies of the City of Los Banos Pursuant to the Provisions of AB 361; City Counoil Resolution No. 6530 Awarding Contraot(s) for Publication of Legal Notices/Legal ,A,dvertisements for Fisoal Year Ending June 30, 2023 and Authorizing and Direoting the Interim City Manager to Exeoute Agreement(s); City Council Resolution No. 6531 - Authorizing the Interim City Manager to File a Regional Surface Transportation Program (RSTP) Exchange Program Fund Claim for Fiscal Year 2021-2022. The motion carried by the affirmative action of all Council Members present.
CONSIDERATION OF ADOPTION OF CITY COUNCIL RESOLUTION NO. 6532 - APPROVAL OF NOISE VARIANCE PERMIT 2022-01 TO ALLOW CONSTRUCTION
ASSOCIATED WITH THE LOS BANOS POLICE STATION PROJECT TO COMMENCE WORK PRIOR TO 7:00 A.M. MONDAY THRU SUNDAY AT THE LOCATION OF 1111 G STREET. Community & Economic Development Director Elms presented the staff report, which included a PowerPoint presentation.
There was Council Member and staff discussion regarding the Public Hearing held at the Planning Commission on July 15, 2022 and if there any outreach to the surrounding area.
Motion by Jones, seconded by Llamas, to adopt City Council Resolution No. 6532 - Approval of Noise Variance Permit 2022-01 to Allow Construction Associated with the Los Banos Police Station Project to Commence Work Prior to 7:00 A.M. Monday thru Sunday at the Location of 1111 G Street. The motion carried by the affirmative action of all Council Members present.
CONSIDERATION OF SELECTION OF AN EXECUTIVE SEARCH FIRM TO ASSIST THE CITY COUNCIL IN THE RECRUITMENT OF A NEW CITY MANAGER. Human Resource Director Mallonee presented the staff report.
There was Council Member and staff discussion regarding why an RFP was sent to Bob Murray & Associates, to bring all three forward to a regularly scheduled meeting to interviewed, moving forward with just one that fit the criteria and gave us a list of successful recruitments - Koff & Associates, not sure that interviewing all three would serve any purpose, in interest of public disclosure and public participation there is support to bring forward the three firms to be interviewed. Mayor Faria stated that if the City Council had hired one of Bob Murray & Associates recommended candidates they would have provided search services for one year at no cost.
29 Motion by Jones, seconded by Lambert to bring all three firms to be interviewed at a future Regular City Council Meeting. The motion carried by the affirmative action of all Council Members present, Lewis voting no.
DESIGNATION OF VOTING DELEGATE AND AL TERNA TE FOR THE 2022 LEAGUE
OF CALIFORNIA CITIES (LCC) ANNUAL CONFERENCE & EXPO BEING HELD SEPTEMBER 7-9. 2022 IN LONG BEACH. CALIFORNIA. Motion by Lambert, seconded by Jones to designate Mayor Pro Tern Lambert as the Voting Delegate and Council Member Brett Jones and the Alternate Voting Delegate. The motion carried by the affirmative action of all Council Members present.
CANCELLATION OF THE REGULAR CITY COUNCIL MEETING SCHEDULED FOR WEDNESDAY, SEPTEMBER 7, 2022 DUE TO COUNCIL MEMBERS ATTENDING THE LEAGUE OF CALIFORNIA CITIES CONFERENCE IN LONG BEACH. CALIFORNIA, SEPTEMBER 7-9, 2022. Motion by Jones, seconded by Llamas to cancel the September 7, 2022 City Council Meeting due to Council Members attending the League of California Cities Conference in Long Beach, California. The motion carried by the affirmative action of all Council Members present.
ADVISEMENT OF PUBLIC NOTICES. (No Report)
CITY MANAGER REPORT. Interim City Manager Wellman stated that the first order of business would be to thank those on the dais for their welcome and support, it has been a quick week and a half, has had a chance to meet with the department heads, an opportunity to work closely with Police Chief and to actually tour the site of the new Police Facility, the Fire Department is in good shape with Police Commander Reyna as our acting Fire Chief, Planning Director and Public Works Director are outstanding, a meeting he had with CCID which was very good regarding the general plan, he's had a chance to review the budget and signed a transmittal letter that was very well written and spoke about how good the budget was and very detailed, the City is in reasonably good shape and conservative in its approach and will position the City to responsibly grow and move ahead, he is concerned about the number of vacant positions especially in Police and Fire and the need to pay very close attention to expenditures.
REPORT/UPDATE ON MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG). PENINSULA CLEAN ENERGY (PCE}, AND MEASURE V COMMITTEE.
Mayor Faria referred to Ms. Chavez from MCAG speaking earlier tonight regarding and update on Merced County Transit, July 21, 2022 is the next MCAG meeting, reminded all that there is a vacancy on the Measure V Citizen Oversight Committee and encouraged all to apply, the next PCE Meeting is scheduled for July 28, 2022.
CITY COUNCIL MEMBER REPORTS.
KENNETH LAMBERT: Thank you for everyone for coming out again, he addressed some of the comments from the trailer park and wanted to assure them that our Police 30 Chief and Police Department are doing everything they can every day, your comments are not going unheard.
DEBORAH LEWIS: Spoke regarding the Animal Shelter and how $1 million has been set aside to do some upgrades and after hearing the testimony it is clear that we have an issue and a problem, concerns with hiring a consultant to figure out our needs at the Animal Shelter because we have done that, closed intake vs. open intake, how the closed intake approach might be best especially with other sick animals, would like to see the funds geared to upgrading the shelter where we are right now for the animals and request that staff give us an update on how we can accommodate the animals, would like to see education in our school systems so that we can begin to educating our children to take home to their parents the important of spay and neutering, spoke regarding what the San Martin Animal Shelter provides, concerns we have been listening to about the homeless encampment for many months now and if she were in that situation she would probably be here every week too, how we have tried to cleaned it output them at the currently location because we own the property, we have people who have health issues and burning illegal fires is a concern, not all homeless want to be sheltered, the real problem is there are people who are mentally ill on the streets, just because you build a shelter they will not all come to it, we need to figure out a place to move this homeless encampment, not sure where we can move them and the Mobile Home Park residents do not need to be terrorized anymore, and would like to find out if we can have a report to find out how close we are to hiring a Fire Chief.
REFUGIO LLAMAS: Stated that homelessness is a terrible situation and how these folks were not included in this decision from the very beginning, we need to find another location but we have limitations and are mandated by the State, sounds like there is a lot of help and knowledge out there when it comes to the Animal Shelter, he would welcome a report and/or provide information to staff for help and ideas for improvement and solutions to address issues, welcomed aboard Mr. Wellman and thanked him for coming out of retirement to help us out and how he appreciate his emails bringing us up to date, how it gives us a clear picture, and he looks forward to learning and serving with you.
BRETT JONES: Made note of how our former City Manager Josh Pinheiro was part of making the budget happen after hearing from the Interim City Manager Wellman how please he was to see how in order the budget was.
MAYOR TOM FARIA: Stated that the homeless situation is not falling on deaf ears and we are working on it, there are so many challenges how the City is limited on what they can do, and reminded everyone to go online and apply for the Measure V Citizens Oversight Committee.
CLOSED SESSION - PUBLIC EMPLOYEE RELEASE (CALPERS INDUSTRIAL DISABILITY RETIREMENT) PURSUANT TO GOVERNMENT CODE SECTION 54957.
Motion by Lewis, seconded by Llamas to adopt City Council Resolution No. 6533 - Concerning the Industrial Disability Retirement of Fire Engineer Joshua Houtekamer. The motion carried by the affirmative action of all Council Members present. 31 ADJOURNMENT. Motion by Lambert, seconded by Llamas to adjourn the meeting at 8:27 p.m. The motion carried by the affirmative action of all Council Members present.
APPROVED:
Manuel Thomas Faria Ill, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
32 CITY OF LOS BANOS
CITY COUNCIL MEETING MINUTES
AUGUST 3, 2022
ACTION MINUTES - These minutes are prepared to depict action t6ken 'for agenda items presented to 'the City Council. For detail o# this meeting refer to the electronic media (CD and/or audio) kept as a permanent record.
CALL TO ORDER: Mayor Faria called the City Council Meeting to order at the hour of 6:02 p.m.
PLEDGE OF ALLEGIANCE: Acting Fire Chief/Police Commander Reyna led the pledge of allegiance.
ROLL CALL - MEMBERS OF THE CITY COUNCIL PRESENT: Council Members Brett Jones, Kenneth Lambert, Deborah Lewis, Refugio Llamas, Mayor Manuel Thomas Faria Ill; ABSENT: None.
STAFF MEMBERS PRESENT: City Attorney Vaughn, Police Chief Brizzee, City Clerk/Human Resources Director Mallonee, City Treasurer/Accounting & Budget Supervisor Tomas, Community & Economic Development Director Souza Elms, Acting Fire Chief/Police Commander Reyna, Public Works Director/City Engineer Than, Interim Finance Director Kuhn
CONSIDERATION OF APPROVAL OF AGENDA: Motion by Lewis, seconded by Lambert to approve the agenda as submitted. The motion carried by the affirmative action of all Council Members present.
PRESENTATION - PROCLAMATION - RECOGNIZING THE RETIREMENT OF CITY OF LOS BANOS FIRE ENGINEER JOSHUA HOUTEKAMER. Mayor Faria presented and read the proclamation, for which IAFF President Juan Ramirez accepted on behalf of Joshua Houtekamer who was unable to attend the meeting.
PRESENTATION - CERTIFICATE OF RECOGNITION - LOS BANOS LITTLE LEAGUE 12-YEAR-OLDS ALL STARS, CALIFORNIA DISTRICT 73 LITTLE LEAGUE CHAMPIONS. Mayor Faria presented and read the certificate to members of the Los Banos Little League team who were in attendance to accept the proclamation.
PUBLIC FORUM: MEMBERS OF THE PUBLIC MAY ADDRESS THE CITY COUNCIL
MEMBERS ON ANY ITEM OF PUBLIC INTEREST THAT IS WITHIN THE JURISDICTION OF THE CITY; INCLUDES AGENDA AND NON-AGENDA ITEMS. NO ACTION WILL BE TAKEN ON NON-AGENDA ITEMS. SPEAKERS ARE LIMITED TO A FIVE (5) MINUTE PRESENTATION. DETAILED GUIDELINES ARE POSTED ON THE COUNCIL CHAMBER INFORMATIONAL TABLE. Mayor Faria opened the public forum and asked those at the meeting if they would like to speak. RICHARD, Treasurer of the Los Banos Chamber of Commerce along with Executive Director Michelle, gave a ITEM 7C
33 brief history on tomatoes and all the different types of things they produce and spoke regarding the upcoming Tomato Festival being held on August 6, 2022 and all the events planned for the day; DOMINGO SANDOVAL, Director of the Chamber of Commerce, asked for the Council's support of the Tomato Festival, how they are trying to make it more of a family-oriented event and spoke to all the events happening that day; AMY BONILLAS, Los Banos, wanted to be a voice and advocate for the homelessness in Los Banos, how the homeless encampment allows groups of individuals the help they are deserving, how she watched the meeting of July 20, 2022 and spoke to her concerns if the City was to close down the containment area, she feels they need to find ways to make it better, do what Modesto did and allow a tent City and Modesto saw crime reduction, maybe Los Banos could build homes that the homeless need, and the important to provide minimal comfort for the homeless; SHANDRA LEWIS, resident of Los Banos Rancho Park, spoke to how she has been here every few weeks to explain the situation they are going through with the homeless as their neighbors, they do not respect us, they do not respect what the City has done for them, they have trashed their encampment and the mobile home fence, they have the homeless on camera and are being reported to the Police Department, they should not be stealing, it is okay to help them but it is not okay for them to have a pass to terrorize us, elderly people are afraid to go outside, we would like them to stay on their side of the fence and live peacefully with us but they don't, agencies have been out there to help them and they are not taking the help, her tenants are angry with her because we will not provide security, the Police Department is there every night but they can't be there all the time, something needs to be done to address the situation; ANN McCAULEY, Los Banos, spoke regarding the homeless concerns made, how this council has far too many issues to deal with, your termination of the past City Manager has made the public upset, if you are on the ballot you will not be re-elected, spoke to how great Josh Pinheiro was and the more she thought about his firing the more she thought it all came down to personalities and not performance, and explained why she feels that way, thanked to former Mayor Villalta who allowed for a simple majority to terminated the City Manager, how it needs to go from 3- 2 vote to 4-1 vote, and anyone who doesn't have time to return a phone call you do not deserve to be on Council, how years long politicians being hired into city manager position and how we need to clean house; JOHNNY MARTINEZ, resident in Los Banos for 59 years, spoke regarding back in 2020 his shop was shot at and being vandalized, how they are having a lot of problems with the homeless, he contacts dispatch when he has issues, and spoke to his personal experiences as examples and how he has been contacting the Police Department about parking issues, asking for the Police Department to be more fair with us when we contact them with issues. Mayor Faria asked the City Clerk if she had received any comments to be read into the record. City Clerk Mallonee stated that she received the following comments that is on file with the City Clerk: LORI THOMAS, property manager at the Pacheco Court Apartments, wrote in support of Josh Pinheiro, the issues they were having with the homeless in their area, and how after Josh Pinheiro was hired she saw a big improvement and he was working on cleaning up the situation, how he loved about Los Banos and wanted a safer place for all of us, how he would visit businesses and the homeless encampment, and he led by example and she found him to be honest, reliable and proactive; MARIA FATIMA SEQUEIRA, Assessor with Central California Irrigation District, wrote regarding wanting to make sure that the City of Los Banos is aware that APN 430-010-004 is I CCID District Boundary, and it has not been detached and it's not in the City of Los Banos, we want to make sure that the city is aware 34 that when parcel 004 is considered commercial and no longer be farmed, it needs to be detached from CCID. No one else came forward to speak and the public forum was closed.
CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Motion by Lambert, seconded by Jones to approve the consent agenda as follows: Check Register for #234090 - #234253 in the Amount of $1,747,853.48; Minutes for the July 6, 2022 City Council Meeting; Minutes for the July 11, 2022 Adjourned City Council Meeting; City Council Resolution No. 6529 - Reauthorizing Remote Teleconference Meetings of the Legislative Bodies of the City of Los Banos Pursuant to the Provisions of AB 361; City Council Resolution No. 6530 - Approving First Amendment to Compensation Agreement Pursuant to Health and Safety Code Section 34180(f) for Los Banos Successor Agency Transfer of Properties to City of Los Banos for Governmental Use and Future Redevelopment Activity; City Council Resolution No. 6531 -Authorizing the City Manager to Execute the Amendment No. 2 to the Professional Services Agreement with Mark Thomas & Company, Inc. for Engineering Services for the Pioneer Road Widening Project. The motion carried by the affirmative action of all Council Members present.
COUNCIL MEMBER REQUEST REGARDING AN OVERVIEW OF THE LOS BANOS
DOWNTOWN PROPERTY AND BUSINESS IMPROVEMENT DISTRICT (LBDPBID) FINANCIALS (COUNCIL MEMBER LEWIS). Interim Finance Director Kuhn presented the staff report, which included a PowerPoint presentation.
There was Council Member and staff discussion regarding what happens 2.5% increase is not approved before the August 12, 2022 deadline date can it be approved later and assessed, previous agenda items referring to their costs in the FY 2022 which is it, explanation of the annual report and how the accounting happened, concern with expenditures spent on the Christmas and 4th of July events, the report given to us is very generalized and there is nothing specific about the public tax money that is collected from this organization and what it is being spent on, assessment vs non-assessment funding/expenditures, how staff is working with the LBDPBID to clean up some of the accounting and reporting, if they have used our City services and what that cost might be, reporting requirements pursuant to the agreement, now the city is entitled to know what is being spent in this district, if the Downtown Association is required or not required to produce an itemize expenditure for the LBDPBID and can we ask for one for which staff has passed that request on to the LBPBID, clarification on if the City contribution for the 4th of July event was a written dollar check amount or in lieu of services for which staff stated was in lieu services, confirming with staff that there are no red flags to be concerned about besides getting the reporting in line, and how the City Council could request that LBDPBID be audited but not something that the City staff would perform or do on their own.
No action taken on this item.
CONSIDERATION OF THE LOS BANOS DOWNTOWN PROPERTY AND BUSINESS IMPROVEMENT DISTRICT (LBDPBID) ANNUAL 2.5% INCREASE. Community & Economic Development Director Elms presented the staff report. 35 Motion by Jones, seconded by Lambert to approve the annual 2.5% assessment increase as provided in the LBDPBID Annual Report. The motion carried by the affirmative action of all Council Members present.
CONSIDERATION OF SELECTION OF AN EXECUTIVE SEARCH FIRM TO ASSIST THE CITY COUNCIL IN THE RECRUITMENT OF A NEW CITY MANAGER. Human Resource Director Mallonee presented the staff report.
There was Council Member and staff discussion regarding
COUNCIL MEMBER REQUEST REGARDING AN OVERVIEW OF CITY INSURANCES (COUNCIL MEMBER LAMBERT). Interim Finance Director Kuhn presented the staff report, which included a PowerPoint presentation.
There was Council Member and staff discussion regarding if anyone in Ms. Mallonee's immediate family was an owner of Western Valley Insurance, have the Interim City Manager go over this to see if we are maximizing our insurance and to see if it is cost effective, how we may not be able to find a better policy price wise, how the City is well protected in its liability, concern with the personal line of questioning directed at Ms.
Mallonee, how it's all about being transparent, concern with how this Council is heading down the wrong avenue to make them uncomfortable, how Council needs to stick to City business, and how Interim Finance Director Kuhn made it clear that the City Manager signs off on all the policies during the budget process.
ADVISEMENT OF PUBLIC NOTICES. (Five Reports) Community & Economic Development Director Elms stated that there will be a Public Hearing held at the Planning Commission Meeting on August 10, 2022 to consider: a Categorical Exemption from CEQA, Minor Lands Division and a Tentative Parcel Map #2022-01 to divide an approximate 9.97 acre parcel into 2 parcels, located at 1725 W. Pacheco Boulevard, APN 430-010-004; a Categorical Exemption from CEQA and Mobile Food Vendor Permit #2022-11 to allow the operation of a mobile food vending vehicle on private property for Jaidel Perez dba El Grullense Jal #7, located at 2220 E. Pacheco Boulevard, APN 428- 160-029; a Categorical Exemption from CEQA and Mobile Food Vendor Permit #2022- 10 to allow the operation of a mobile food vending vehicle on private property for Antemio Cortes Jr. dba Taco Mex, located at 740 G Street, APN 025-111-021; a Categorical Exemption from CEQA, Existing Facilities, and cottage Food Operation #2022-03 for Claudia Gonzales at 2575 Canvasback Drive, APN 084-192-008; and a Conditional Use Permit #2022-08 and a Categorical Exemption from CEQA to allow the use of a Type 47 Alcohol License for the on-sale of General Alcohol for Jungle Jim's Adventure Lanes, located t 923 W. Pacheco Boulevard, APN 431-020-002.
CITY MANAGER REPORT: REPORT PURSUANT TO GOVERNMENT CODE SECTION 54953(C)(3) EXECUTIVE COMPENSATION: COMMUNITY & ECONOMIC DEVELOPMENT DIRECTOR. Police Chief Brizzee reported that on July 26, 2022, based upon an annual performance review, the Community Development Director's salary was increased to $10,515 monthly ($126,180 annually) retroactive to February 1, 2022. 36 REPORT/UPDATE ON MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG), PENINSULA CLEAN ENERGY (PCE), AND MEASURE V COMMITTEE.
Mayor Faria stated that MCAG meetings are on the third Thursday of every month and explained they types of things MCAG is working on, i.e. Joint Powers Agreement, Billy Wright Landfill, Pioneer Road Widening Project; spoke regarding Peninsula Clean Energy and the services they provide to the residents in Los Banos and how it affects their P G & E billing.
CITY COUNCIL MEMBER REPORTS.
KENNETH LAMBERT: Thanked Interim Finance Director Kuhn for the reports he did and a job well-done last night with the National Night Out event.
DEBORAH LEWIS: Stated that last night she attended the Gustine Council Meeting to talk about the grant opportunities the Air Quality Board is offering cities so she missed the Police's National Night Out and apologized for not being there, how she will be going to the Atwater City Council Meeting soon to talk about the grant opportunities the Air Quality Board is offering cities.
REFUGIO LLAMAS: Congratulated Josh Houtekamer on his retirement and Los Banos Little League on their championship, stated how National Night Out was a great event, the upcoming Tomato Festival this weekend that the Chamber of Commerce is putting on, how the homeless enclosure is a difficult situation and serious concern with those who have to live with it, how they are working towards a better outcome for all involved, Congratulated Ms. Elms for a well-deserved promotion.
BRETT JONES: No report
MAYOR TOM FARIA: Congratulated the Police Department on the National Night Out event and being honored to sing the National Anthem, spoke regarding the upcoming Movie Night at College Greens on August 6th, congratulated Ms. Elms on her raise in compensation.
ADJOURNMENT. Motion by Lewis, seconded by Llamas to adjourn the meeting at 8:07 p.m. The motion carried by the affirmative action of all Council Members present.
APPROVED:
Manuel Thomas Faria Ill, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
37 THIS PAGE IS INTENTIONALLY LEFT BLANK
38 LOsBanos
At the Crossroad · :ulifon1ia
Agenda Staff Report
TO: Mayor Faria and City Council Members
FROM: William A. Vaughn, City Attorney
DATE: August 17, 2022
TYPE OF REPORT: Consent Agenda
SUBJECT: Remote Teleconferencing- Per AB 361
RECOMMENDATION
Approve Resolution No. ___ to allow for in person, virtual, and hybrid public meetings.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS BANOS
REAUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE
LEGISLATIVE BODIES OF THE CITY OF LOS BANOS PURSUANT TO THE PROVISIONS OF AB 361
BACKGROUND
On June 1, 2022 staff brought forward a resolution for City Council consideration concerning reauthorizing remote teleconference meetings pursuant to AB361. At that meeting the city council approved Resolution No. 6494 to allow for flexibility to meet in person or virtually in response to COVID 19 changing conditions. Pursuant to AB361 the Resolution must be considered by the city council and the required findings must be made every thirty (30) days thereafter or it will expire.
ITEM 7D
39 DISCUSSION
California's Ralph M. Brown Act was amended to allow fully virtual public meetings during a state of emergency after the Governor signed Assembly Bill 361 into law on September 16, 2021. AB 361 provides that it will sunset on January 1, 2024.
AB 361 amends Section 54953 of the Brown Act to allow virtual public meetings through January 1, 2024 in any of the following circumstances:
1. The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing.
2. The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
3. The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
The Governor's state of emergency remains, and the Cal OSHA Regulations related to social distancing remain in place.
Virtual meetings are currently allowed under AB 361 because state and local officials are continuing to recommend measures to promote social distancing. In the case of the pandemic, the requisite standards for holding virtual meetings are low. The City Council would only have to find that any state or local official is recommending measures to promote social distancing. Under the plain language of the statute, there does not have to be an order requiring social distancing, and the recommendation only needs to come from a state or local official. Nothing in the bill requires that the recommendation be a formal recommendation of a local health officer or in any sort of formal guideline.
The proposed resolution provides the City Council with the flexibility to allow its commissions and committees to host virtual meetings, while still maintain the City Council's jurisdiction to require in-person meetings as warranted.
AB 361 allows the use of fully virtual meetings under the foregoing conditions, but it does not prohibit hybrid meetings. By adopting the proposed resolution, and continuing to renew it as conditions warrant, the City Council and any subordinate boards are not precluded from holding meetings that have some traditional components and some virtual or telephonic components. The City Council (and other City boards) may hold meetings where some members join in the Council Chambers and some members join virtually. The City Council may also continue to allow both live and virtual 40 public comments, together with reduced capacity in the Chambers as conditions warrant. For any hybrid meetings, AB 361 requires that members of the public be able to make live public comments directly to the Council or other board using telephonic or electronic means and that the agenda identify the means for making public comments.
As noted above, by adopting the proposed Resolution, the City Council is not prohibited from conducting in-person meetings. The Resolution is intended to provide the option to utilize the AB 361 procedures in lieu of the Brown Act's standard teleconferencing requirements. At future City Council meetings, a consent calendar item will be placed on each agenda to reconsider and potentially renew the Resolution.
FISCAL IMPACT
None.
CONCLUSION
Based upon the existing state of emergency and state officials recommendations to socially distance, the City of Los Banos has the ability to continue to meet remotely should if it so choose, assuming the City adopts the proposed resolution making the required findings. The proposed resolution does not require the City of Los Banos to hold meetings via remote teleconferencing and the City Council can continue to meet in person for the time being but allows flexibility to return to remote teleconferencing in response to changing COVID -19 circumstances.
Reviewed by:
~l m ~ 0-4·:Wt ~ rtl iluJ1.vv
Brent Kuhn,
Interim Finance Director
41 THIS PAGE IS INTENTIONALLY LEFT BLANK
42 RESOLUTION NO. ---
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS BANOS
REAUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE
LEGISLATIVE BODIES OF THE CITY OF LOS BANOS PURSUANT TO THE PROVISIONS OF AB 361
WHEREAS, all meetings of the City of Los Banos' legislative bodies are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code 54950 - 54963), so that any member of the public may attend, participate, and watch the City's legislative bodies conduct their business; and
WHEREAS, on September 16, 2021 Governor Gavin Newsom signed into law AB 361, extending the authority of public agencies to conduct meetings by teleconference, including video conference, during the COVID-19 pandemic; and WHEREAS, in light of the on-going pandemic, AB 361 amends the Brown Act (specifically Government Code section 54953) and gives public agencies the option to continue meeting virtually under certain circumstances; and WHEREAS, Government Code section 54953(e), makes provisions for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions; and
WHEREAS, a required condition is that a state of emergency is declared by the Governor pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code section 8558; and WHEREAS, it is further required that state or local officials have imposed or recommended measures to promote social distancing, or, the legislative body meeting in person would present imminent risks to the health and safety of attendees; and WHEREAS, the City Council previously adopted a Resolution 6405, on October 6, 2021, finding that the requisite conditions exist for the legislative bodies of the City of Los Banos to conduct remote teleconference meetings without compliance with paragraph (3) of subdivision (b) of section 54953; and
WHEREAS, as a condition of extending the use of the provisions found in section 54953(e), the City Council must reconsider the circumstances of the state of emergency that exists in the City of Los Banos, and the City Council has done so; and WHEREAS, such conditions continue to exist in the City of Los Banos; and 43 WHEREAS, Governor Gavin Newsom declared a statewide emergency over the COVID-19 pandemic on March 4, 2020; and
WHEREAS, on June 17, 2021, Cal/OSHA issued new emergency temporary standards (ETS) on COVID-19 infection prevention for the workplace (subsequently revised on December 16, 2021). The regulations require all individuals at City worksites to abide by certain rules, including wearing face coverings and socially distancing; and WHEREAS, on November 10, 2021, Governor Gavin Newsom signed Executive Order N-21-21 which extended through March 31, 2022, the state of emergency in California related to the threat of COVID-19; and
WHEREAS, on January 5, 2022 as mitigation for the Omicron variant, the California Department of Public Health (CDPH) extended the requirement that masks to be worn by all employees in all indoor public settings, irrespective of vaccine status, through February 15, 2022; and
WHEREAS, on February 7, 2022 the CDPH announced that effective February 16, 2022: universal masking shall remain required in only specified settings; and only unvaccinated persons are required to mask in all indoor public settings; and fully vaccinated individuals are recommended to continue indoor masking when the risk may be high; and
WHEREAS, on February 28, 2022 Governor Newsom issued Executive Order N5-22, which suspends part of the Cal/OSHA Temporary Emergency Standards.
Specifically, effective March 1, 2022, unvaccinated employees are no longer required to wear a face covering in most California workplaces. Notably, however, the universal indoor mask mandate remains in place for certain high-risk settings, such as healthcare and congregate settings; and
WHEREAS, as a consequence of the declared statewide emergency; the guidance and orders of the State Public Health Officer; and the Cal/OSHA temporary standards (ETS) on COVID-19 infection prevention for the workplace, the Los Banos City Council does hereby find that the legislative bodies of the City of Los Banos may conduct their meetings without compliance with paragraph (3) of subdivision (b) of Government Code section 54953, as authorized by subdivision (e) of section 54953, and that such legislative bodies shall comply with the requirements to provide the public with access to the meetings as prescribed in paragraph (2) of subdivision (e) of section 54953.
WHEREAS, in light of the foregoing, the City Council of the City of Los Banos desires to have the flexibility to meet in person or by remote teleconferencing pursuant to Government Code section 54953(e) as changing COVID-19 circumstances may dictate.
NOW THEREFORE, the CITY COUNCIL OF THE CITY OF LOS BANOS, DOES HEREBY RESOLVE, DECLARE, DETERMINE and ORDER AS FOLLOWS:
44 Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.
Section 2. Affirmation. The City Council hereby finds that the requisite conditions exist for the legislative bodies of the City of Los Banos to conduct remote teleconference meetings without compliance with paragraph (3) of subdivision (b) of section 54953.
Section 3. Remote Teleconference Meetings. This Resolution does not prevent or prohibit the City Council or any commission, committee or other Brown Act body of the City from holding hybrid meetings (containing both virtual and in-person components) or from meeting in-person, provided such meetings comply with AB 361 and with all state and local health orders. Commissions, committees and other Brown Act bodies shall comply with all rules established by the City Council and/or City Manager for attendance at meetings.
Section 4. Effective Date of Resolution. This Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of (i) 30 days from adoption, or such time the City Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the legislative bodies of City of Los Banos may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953.
The foregoing resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 17th day of August 2022, by Council Member _____ who moved for its adoption, which motion was duly seconded by Council Member ______ , and the Resolution was adopted by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
Manuel Thomas Faria, Ill, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
45 THIS PAGE IS INTENTIONALLY LEFT BLANK
46 TO:
FROM:
DATE:
LOsBanos
At the Crossroads of Ca.l!fornia
Agenda Staff Report
Mayor & City Council Members
Interim City Manager
Ray Reyna, Acting Fire Chief
August17,2022
SUBJECT: Memorandum of Understanding for Emergency Medical Services Between the City of Los Banos and the Los Banos Unified School District TYPE OF REPORT: Consent Agenda
Recommendation:
Staff recommends that the City Council adopt a resolution authorizing the Interim City Manager to sign the Memorandum of Understanding for Emergency Medical Services between the City of Los Banos and the Los Banos Unified School District.
Background:
For many years, the Los Banos Fire Department has provided Emergency Medical Technician (EMT) coverage for the Los Banos Unified School District Football games.
The City and Los Banos Unified School District agree to extend last year's contract that went into effect on October 20, 2021, according to the terms of the contract.
Discussion:
Los Banos Fire Department wishes to enter into the attached MOU to provide Emergency Medical Services to District sponsored events, depending upon availability of Fire Department Staff.
Once a request and schedule is provided by the District, paid personnel will be scheduled to staff the event until the event is completed. This will allow On Duty Staff to still be at the games, but be available to respond to other emergencies or calls for service within their response area during the time of the events.
ITEM 7E
47 Fiscal Impact:
District agrees to reimburse the City the costs for services provided during the event.
The City will charge the actual cost of the personnel (the fully Burdened hourly rate of $77.01 - $135.1 0 depending on which employees(s) take the assignment) to be invoiced to the District on a monthly basis. There will be no charge for equipment and payments will be made no later than 30 days from the invoice date. Minimal additional costs for EMS supplies will be assessed for emergency medical coverage due to low actual supplies being used. When supplies are needed for patient transport, they are usually restocked by local ambulance company.
Reviewed by:
Uffi&m,D -fu.&«016.LJuv
Brent Kuhn
Interim Finance Director
Attachments:
Resolution
Proposed Memorandum of Understanding
48 RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LOS BANOS AUTHORIZING THE INTERIM CITY
MANAGER OF LOS BANOS TO ENTER INTO A
MEMORANDUM OF UNDERSTANDING FOR THE CITY
OF LOS BANOS AND THE LOS BANOS UNIFIED
SCHOOL DISTRICT.
WHEREAS, the City Council of the City of Los Banos and the Los Banos Unified School Board wish to ensure the best possible emergency medical services and emergency response to the students, athletes and bystanders of local sponsored School District events; and
WHEREAS, the City of Los Banos acknowledges that there is a need for supporting local School District events; and
WHEREAS, the City of Los Banos and the Los Banos Unified School District wish to enter into a Memorandum of Understanding for the Emergency Medical Services at Local District sponsored events; and
WHEREAS, the inclusion of the agreed Memorandum of Understanding for the Emergency Medical Services allows for quality emergency medical care, while allowing on duty Department Staff to remain in service for local response.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby approve the Memorandum of Understanding for the Emergency Medical Services, and authorize the City Manager of Los Banos to enter into the approved attached agreement with the Los Banos Unified School District.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 17th day of August 2022, 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:
ATTEST:
Lucille L. Mallonee, City Clerk
APPROVED:
Gregory B. Wellman,
Interim City Manager
49 THIS PAGE IS INTENTIONALLY LEFT BLANK
50 Memorandum of Understanding for
Emergency Medical Services
Between the City of Los Banos and the Los Banos Unified School District This Agreement is entered into this ___ day of --~ 2022, between the City of Los Banos ("City"), and the Los Banos Unified School District ("District''), with respect to Emergency Medical Services ("EMS").
WHEREAS, District recognizes that the City's Fire Department (the "Fire Department'') provides necessary public safety and medical services to the City which benefits District; and WHEREAS, District further recognizes that the Fire Department's presence at certain District events to perform emergency medical services if and when required is greatly beneficial to the safety of the District students, staff and community; and
WHEREAS, City recognizes that assignment of City Fire Department personnel will make such events and the District safer in the event of an emergency; and allow the Fire Department to respond to emergencies in a much more expedient manner.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions, and premises hereinafter contained, to be kept and performed by the respective parties, it is mutually agreed as follows:
Section 1. Role and Responsibilities
This City of Los Banos Fire Department will designate and provide no more than two fire personnel (certified emergency medical technician and a fire vehicle for certain District sponsored events (the "Events") depending upon availability of Fire Department staff. Such EMS teams will only attend the Events for which the District requests.
A request for assistance at an Event (a "Request") shall be made by an authorized representative of the District to an authorized representative of the City and shall indicate the Request is made pursuant to this Agreement. As a part of the request the District shall inform the Fire Department what services are needed for the Event, and the date, location and start time for such Event. Such Request may be made by telephone, to be followed as soon as practicable by a written confirmation of that Request.
In no event will the Request be less than 1 O days prior to an Event. If the District does not submit a Request, then the Fire Department is not obligated to provide services at the Event under this Agreement. City will provide notice to District at least forty-eight (48) hours prior to an Event whether or not the City will be able to provide the services requested.
Section 2. Compensation
District agrees to reimburse the City the costs for services provided during the Event. The City will charge only the actual cost of the personnel (the Fully Burdened hourly pay rate is $77.01 -$135.1 o, depending on which employee(s) takes the assignment) to be invoiced to District on a monthly basis. 51 There will be no charge for equipment. Payments will be made no later than 30 days from the invoice date.
Section 3. Effectiveness. Duration and Termination
This Agreement shall be effective as of the date first written above, and shall remain in effect for an initial term running through June 30, 2023, with the option to renew annually by mutual written agreement of the parties The agreement may be amended by mutual written consent of the parties.
Either party may at any time terminate this Agreement without cause at the party's convenience by giving not less than 30 days prior written notice to the other party. Upon such termination, all rights and obligations of each party under this Agreement shall cease as of the Effective Date of Termination, except for those specific obligations that shall survive termination as set forth herein.
Section 4. Indemnification
To the extent permitted by law, each party (as lndemnitor) agrees to protect, defend, indemnify, and hold the other party (as lndemnitee), and its officers, employees, Board, Board members, Council, Council members and agents, free and harmless from and against any and all losses, penalties, damages, assessments, costs, charges, professional fees, and other expenses or liabilities of every kind and nature arising out of or relating to any and all claims, liens, demands, obligations, actions, proceedings, or causes of action of every kind in connection with or arising out of lndemnitor's negligence, acts, errors and/or omissions. To the extent that immunity does not apply, each party shall bear the risk of its own actions, as it does with its day-to-day operations, and determine for itself what types of insurance, and in what amounts, it should carry. Each party understands and agrees that any insurance protection obtained shall in no way limit the responsibility to indemnify, keep, and hold harmless the other party to this Agreement. The obligations under this section shall survive termination of the Agreement.
Section 5. Entire Agreement.
This Agreement, including all recitals, constitutes the entire agreement of the parties. This Agreement may be amended or modified only by the mutual written agreement of the parties. This Agreement is invalid unless approved by the legislative body of each party, although it may be executed by an authorized agent of each party.
Section 6. Insurance. It is understood and agreed that District and City maintain insurance policies or self-insurance programs to fund their respective liabilities. Evidence of Insurance, Certificates of Insurance or other similar documentation shall not be required of either party under this Agreement.
Section 7. Nondiscrimination. Neither party shall employ discriminatory practices in their respective performance under this Agreement on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era.
Section 8. Independent Contractor and Not a Partnership. For the purposes of this Agreement, City and District shall act in an independent capacity and not as officers or employees or agents of the other. Nothing in this Agreement establishes, constitutes, or will be construed as establishing or constituting a partnership or agency or employment relationship between City and District. City Fire Department personnel providing services under this Agreement are employees of the City and shall not be considered employees of District. 52 Section 9. Binding. Once this Agreement is signed by all parties, it shall be binding upon, and shall inure to the benefit of, all parties, and each parties' respective heirs, successors, assigns, transferees, agents, servants, employees and representatives.
Section 10. Assignment. Neither party may assign or transfer, by operation of law or otherwise, all or any of its rights or obligations under this Agreement without the prior written consent of the other party.
Section 11. Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein.
Section 12. Notices. Any notice, request, information or other correspondence to be given or made hereunder to any of the parties or their designee by any other parties shall be to the following contacts as applicable:
Pacheco High School
Charlie Pikas
Athletic Director
(209)827-4506
[email protected]. us
Dan Sutton
Principal
209)827-4506
[email protected]
Los Banos High School
Joe Barcellos
Athletic Director
(209)827-6033
[email protected]
Jason Waltman
Principal
(209)827-6033
[email protected]
Los Banos Fire Department
Ray Reyna
Acting Fire Chief
(209) 827-7025
[email protected]
Section 13. Governing Law and Venue. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California. Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Merced County, California.
53 Section 14. 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.
Section 15. Severability. The provisions of this Agreement are severable. The invalidity or unenforceability of any one provision in this Agreement shall not affect the other provisions.
Section 16. Interpretation. The parties acknowledge that this Agreement in its final forms is the result of the combined efforts of the parties and that, should any provision of this Agreement be found to be ambiguous in any way, 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.
Section 17. 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.
IN WITNESS THEREOF, the parties have caused their authorized agents to execute this Agreement as of the date first set forth above:
CITY OF Los Banos,
a municipal corporation
By: ----------------
Date: _______________ _
LOS BANOS UNIFIED SCHOOL DISTRICT
By: ---------------
Superintendent
Date: _____________ _
54 LOsBanos
Af liar. Crossroculs o1 .
Agenda Staff Report
TO: Mayor and City Council Members
FROM: Soknirorn Than, P.E., Public Works Director/City Enginee..-- ~ DATE: August 17, 2022
SUBJECT: On-Call Airport Engineering Services
TYPE OF REPORT: Consent Agenda
Recommendation:
That the City Council adopts the Resolution entering into a Professional Services Agreement for On-Call Airport Engineering Services with Gouveia Engineering, Inc., and authorizes the Interim City Manager to execute the Professional Services Agreement. The administration of this Professional Services Agreement is to be performed by the Public Works Director/City Engineer.
Discussion:
The City of Los Banos Public Works Department is charged with managing the City of Los Banos Municipal Airport, including aviation project planning, design and bidding, grant administration, and various reporting forms. The Request for Qualifications (RFQ) was issued on June 6, 2022. Proposals were received at the office of the City Clerk until July 7, 2022 at4 PM. The City received one (1) proposal which was from Gouveia Engineering, Inc.
Staff reviewed the proposal to verify the required documents were included in the SQQ proposal. The selection committee made a recommendation to proceed with award of contract to Gouveia Engineering, Inc. Therefore, staff is prepared to recommend the services of Gouveia Engineering, Inc. be retained as the City's Airport Engineering Services consultant to work on Airport related projects.
A Professional Services Agreement (copy attached) is being proposed for a contract period not to exceed 5 years including any amendments, subject to the City's discretion.
The five-year period shall not exceed $200,000 per year, subject to project specific Task Orders. Specific Task Orders will be negotiated based on the Fee Schedule (attached).
The term of the Professional Services Agreement shall become effective upon execution and shall remain in effect for five (5) years from the date of execution, subject to the City's ITEM 7F
55 discretion. Once the Professional Services Agreement has been executed, the Public Works Director/City Engineer may enter into specific public works projects with Gouveia Engineering, Inc. in the form of a Task Order. The Task Order will outline a project specific scope of work with Gouveia Engineering, Inc. for their services. The Task Order will specify an estimated dollar amount that both parties agree will not be exceeded, concurrent with the terms of the Agreement.
Fiscal Impact:
The Professional Services Agreement for Airport Engineering Services with Gouveia Engineering, Inc. will be set at $200,000 per year for the five-year period. Task Orders will specify a not to exceed dollar amount. The negotiated not to exceed amount will be within the limits set forth in annual adopted City budgets related to the fund identified in the adopte City budget.
~ mc:Q01Y)(]JJ ~ fN.Af: l4Lhfl
Brent Kuhn, Interim Finance Director
Attachments:
Resolution
Copy of proposed Professional Services Agreement
56 RESOLUTION NO. __
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS AUTHORIZING THE
INTERIM CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH
GOUVEIA ENGINEERING, INC. FOR ON-CALL
AIRPORT ENGINEERING SERVICES
WHEREAS, the City of Los Banos Public Works Department is charged with managing the City of Los Banos Municipal Airport; and
WHEREAS, the Engineering Division of Public Works is not structured to meet the demands of all airport projects; and
WHEREAS, the Public Works Department solicited proposals from qualified civil engineering firms to provide On-Call Airport Engineering Services; and WHEREAS, after review of the submitted Statement of Qualifications from Gouveia Engineering, Inc., staff has made the recommendation to award the Request for Qualifications (RFQ) to Gouveia Engineering, Inc.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby authorize the Interim City Manager to execute a Professional Services Agreement with Gouveia Engineering, Inc. for On-Call Airport Engineering Services; authorizes the Public Works Director/City Engineer to negotiate and execute Task Orders during the term of the Professional Services Agreement.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 17th day of August 2022, 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:
Manuel Thomas Faria Ill, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
57 THIS PAGE IS INTENTIONALLY LEFT BLANK
58 PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF LOS BANOS
AND
GOUVEIA ENGINEERING, INC.
FOR
ON-CALL AIRPORT ENGINEERING SERVICES
THIS AGREEMENT is made and entered into this __ day of _____ ___., 2022, by and between the City of Los Banos, California, a municipal corporation, ("City,") and GOUVEIA ENGINEERING, INC., a corporation, etc. ("Consultant").
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California.
B. City desires to engage Consultant as an independent contractor to provide professional engineering services for specific tasks/projects on short notice as needed to support the City's Public Works Department/City Engineer.
C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement.
D. City desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:
1. ilDJl& The term of this Agreement shall commence upon the above written date and shall remain in effect until June 30, 2027, unless terminated earlier as set forth herein. The Consultant's Cost Proposal is attached hereto (Exhibit A) and incorporated by reference. If there is any conflict between the approved Cost Proposal and this contract, this contract shall take precedence.
2. Scope of Services. Services to be performed by Consultant may include the following on an on-call basis upon reasonable notice to Consultant:
b. Provide consulting and professional services including project planning, design, engineering, land surveying, and drafting services. c. Provide professional services during the bid process including preparation of cost estimates and specifications, project construction, and project completion.
d. Provide field surveys as requested.
e. Review the City's requested project and/or task to be accomplished, and provide preliminary consultation, research and evaluation. f. Assist the City's Engineering Division with presentations and/or recommendations to City staff administration, or City Council. g. Third party review consultation related to documents prepared by the City's Engineering Division or other consultants retained by the City. 59 h. Project design/engineering/construction management; airfield hydrology; airfield civil and electrical engineering for ACIP projects, including aircraft parking aprons, taxiways, fueling stations, runways, airfield marking, airfield signage and lighting, hangar rehabilitation, airfield drainage, landside parking and circulation infrastructure; project inspection; and other tasks as assigned.
1. Review and provide comments on environmental documents for proposed projects submitted to the City in accordance with the California Environmental Quality Act.
J. Coordination with the Federal Aviation Administration (FAA) in grant proposals, performance, and closeout.
k. Miscellaneous consulting support services for engineering and special services as may be required from time to time by the Airport. These services may include representing the Airport in discussions with governing bodies and regulatory agencies regarding grant requirements, airport grant eligibility, and project documentation.
l. Assist City staff in developing, reviewing, and updating standard operating procedures (SOP) for airport related works.
2.1 Consultant shall provide such services on an as needed basis when given written instruction to do so by the Public Works Director, or his designee. Consultant shall diligently perform all the services described in the Scope of Services.
2.2 All professional services shall be performed by Consultant or under Consultant's supervision. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional Consultants in accordance with sound professional practices.
2.3 Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.
1. Admjnjstratjon, The Public Works Director shall administer this Agreement on behalf of the City. The Public Works Director or his/her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement.
4. Iiroe of Perfonnance, Upon receipt of written Notice to Proceed from the City, Consultant shall perform with due diligence the services requested by the city and agreed on by the Consultant. Time is of the essence in the performance of services under this Agreement and the services shall be performed to completion in a diligent and timely manner. The failure by Consultant to perform the services in a diligent and timely manner may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed.
4.1 Consultant is advised that any recommendation for contract award is not binding on City until the contract is fully executed and approved by the City. 60 4.2 The period of performance for each specific project shall be in accordance with the Task Order for that project. If work on a Task Order is in progress on the expiration date of this contract, the terms of the contract shall be extended by contract amendment.
5. AHowable Costs and payments, Consultant will be reimbursed for hours worked at the hourly rates specified in Consultants Cost Proposal as negotiated with each task order or RFP. The specified hourly rates shall include direct salary costs, employee benefits, overhead, and fee. These rates are adjustable on an annual basis (one time per year) for the performance period set forth in this Contract. Consultant shall submit a request for adjustment to the rates 30 days prior to the expiration of the current rates.
Consultant agreed to forego rate adjustment if the rate adjustment request was not received prior to the expiration of the current rates. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed $200,000 per year during the term of this Agreement.
5.1 In addition, Consultant will be reimbursed for incurred (actual) direct costs other than salary costs that are in the cost proposal and identified in the cost proposal and in the executed Task Order.
5.2 Specific projects will be assigned to Consultant through issuance of Task Orders.
5.3 After a project to be performed under this contract is identified by the City, the City will prepare a draft Task Order; less the cost estimate. A draft Task Order will identify the scope of services, expected results, project deliverables, period of performance, project schedule and will designate a City Project Coordinator. The draft Task Order will be delivered to Consultant for review. Consultant shall return the draft Task Order within ten (10) calendar days along with a Cost Estimate, including a written estimate of the number of hours and hourly rates per staff person, any anticipated reimbursable expenses, overhead, fee if any, and total dollar amount. After agreement has been reached on the negotiable items and total cost; the finalized Task Order shall be signed by both the City and Consultant.
5.4 Task Orders may be negotiated for a lump sum (Firm Fixed Price) or for specific rates of compensation, both of which must be based on the labor and other rates set forth in Consultant's Cost Proposal received at time of Task Order submission or RFP submission.
5.5 Reimbursement for transportation and subsistence costs shall not exceed the rates as specified in the approved Cost Proposal.
5.6 When milestone cost estimates are included in the approved Cost Proposal, Consultant shall obtain prior written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such estimate.
5.7 Progress payments for each Task Order will be made monthly in arrears based on services provided and actual costs incurred.
5.8 Consultant shall not commence performance of work or services until this contract has been approved by the City, and notification to proceed has been issued by the City's Contract Administrator. No payment will be made prior to approval or for any work performed prior to approval of this contract.
61 5.9 A Task Order is of no force or effect until returned to the City and signed by an authorized representative of the City. No expenditures are authorized on a project and work shall not commence until a Task Order for that project has been executed by the City.
5.10 Consultant will be reimbursed, as promptly as fiscal procedures will permit upon receipt by the City's Contract Administrator of itemized invoices. Separate invoices itemizing all costs are required for all work performed under each Task Order. Invoices shall be submitted no later than 45 calendar days after the performance of work for which Consultant is billing, or upon completion of the Task Order. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference the project title and Task Order number. Invoices shall be mailed to the City's Contract Administrator at the following address:
City of Los Banos, Nirorn Than, P.E., Public Works Director/City Engineer 411 Madison Avenue, Los Banos, CA 93635
5.11 The period of performance for Task Orders shall be in accordance with dates specified in the Task Order. No Task Order will be written which extends beyond the expiration date of this Contract.
5.12 The total amount payable by the City for an individual Task Order shall not exceed the amount agreed to in the Task Order, unless authorized by contract amendment.
5.13 If the Consultant fails to satisfactorily complete a deliverable according to the schedule set forth in a Task Order, no payment will be made until the deliverable has been satisfactorily completed.
5.14 Task Orders may not be used to amend this Agreement and may not exceed the scope of work under this Agreement.
5.15 The total amount payable by the City for all Task Orders resulting from this contract shall not exceed $ 2,000,000 per year. It is understood and agreed that there is no guarantee, either expressed or implied that this dollar amount will be authorized under this contract through Task Orders.
6. Subcontracting. Nothing contained in this contract or otherwise, shall create any contractual relation between the City and any subconsultant(s), and no subcontract shall relieve Consultant of its responsibilities and obligations hereunder.
Consultant agrees to be as fully responsible to the City for the acts and omissions of its subconsultant(s) and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by Consultant. Consultant's obligation to pay its subconsultant(s) is an independent obligation from the City's obligation to make payments to the Consultant.
6.1 Consultant shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this contract shall be subcontracted without written authorization by the City's Contract Administrator, except that, which is expressly identified in the approved Cost Proposal.
6.2 Consultant shall pay its subconsultants within ten {10) calendar days from receipt of each payment made to Consultant by the City.
6.3 All subcontracts entered into as a result of this contract shall contain all the provisions stipulated in this contract to be applicable to subconsultants. 62 6.4 Any substitution of subconsultant(s) must be approved in writing by City's Contract Administrator prior to the start of work by the subconsultant(s).
7. lndemnjfication, When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend, and hold harmless City and any and all of its officials, employees and agents from and against any and all losses, liabilities, damages, costs, and expenses, including legal counsel's fees and costs, but only to the extent the Consultant (and its Sub consultants) are responsible for such damages, liabilities and costs on a comparative basis of fault between the Consultant (and its Sub consultants) and the City in the performance of professional services under this agreement.
Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend, and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel's fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or City for which Consultant is legally liable, including, but not limited to officers, agents, employees, or subcontractors of Consultant.
Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant.
In the event the City indemnities are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant's performance of this agreement, the Consultant shall provide a defense to the City indemnities, or at the City's option, reimburse the City indemnities their costs of defense, including reasonable legal counsels' fees, incurred in defense of such claims.
8. Insurance, Without limiting Consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by the City Attorney prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement.
8. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition 63 of Best's Key Rating Guide, unless otherwise approved by the City Attorney.
D. Coverage Requirements.
i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non-renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days ( 10 calendar days written notice of non-payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence.
iv. Professional Errors and Omissions Insurance. Consultant shall maintain professional errors and omissions insurance, which covers the services to be performed in connection with this Agreement in the minimum amount of one million dollars ($1,000,000) per claim and not less than two million dollars ($2,000,000) in the annual aggregate.
E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self-insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder.
iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. 64 v. Any failure to comply with reporting prov1s1ons of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (1 0 calendar days written notice of non-payment of premium) written notice has been received by City.
8.1 Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.
8.2 All subconsultants shall be included as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of this Agreement, including adding the City as an Additional Insured to the subconsultant's policies.
9. Nondiscrimination. In the performing of this Agreement, Consultant shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, religion, or handicap.
1 O. lndependent Contractor, It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services.
10.1 The Consultant shall at all times remain an independent Contractor with respect to the services to be performed under this Agreement and shall be responsible for the payment of Federal and State Employer Withholding Taxes, Unemployment Insurance Taxes, FICA Taxes, Retirement, Life and/or Medical Insurance, and Worker's Compensation Insurance for the employees of the Consultant or any other person performing services under this Agreement. Consultant and its employees are not entitled to the rights or benefits afforded to City's employees, including disability or unemployment insurance, workers' compensation, medical insurance, sick leave, or any other employment benefit. Consultant agrees to indemnify and hold City harmless from any claims, costs, losses, fees, penalties, interest, or damages suffered by City as a result of any claim by any person or entity contrary to the provisions of this Section.
11. Ownershjp of Documents, All documents, information and materials of any and every type furnished or prepared by the Consultant or any of its subcontractors pursuant to and in the course of performance of this Agreement shall be and remain the sole and exclusive property of the City. Such documents, information and materials 65 shall include but not be limited to all findings, reports, plans, specifications, studies, drawings, estimates, documents, information and data including, but not limited to, electronic media, computer tapes or discs, files, and tapes furnished or prepared or accumulated by the Consultant in performing work under this Agreement, whether completed or in process. City shall have the sole right to use such documents, materials and information in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such documents, materials and information to City upon prior written request.
11.1 All Documents shall be considered works made for hire and all Documents and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of the City without restriction or limitation upon their use, duplication or dissemination by the City. Consultant shall not obtain or attempt to obtain copyright protection as to any Documents.
12. ConfidentiaHty, All City information disclosed to Consultant during the course of performance of services under this Agreement shall be treated as confidential and shall not be disclosed to any other persons or parties except as authorized by City, excepting that information which is public record and subject to disclosure pursuant to the Public Records Act, or otherwise required by law. All documents, including drafts, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information, excepting that information which is public record and subject to disclosure pursuant to the Public Records Act, or otherwise required by law.
13. Access to Records. Consultant shall maintain all books, records, documents, accounting ledgers, and similar materials relating to work performed for City under this Agreement on file for at least three (3) years following the date of final payment to Consultant by City. Any duly authorized representative(s) of City shall have access to such records for the purpose of inspection, audit and copying at reasonable times, during Consultant's usual and customary business hours. Consultant shall provide proper facilities to City's representative(s) for access and inspection. Consultant shall be entitled to reasonable compensation for time and expenses related to such access and inspection activities, which shall be considered to be an additional service to the City, subject to the provisions of Section 5 hereinabove.
14. Conflict of Interest Consultant shall disclose any financial, business, or other relationship with the City that may have an impact upon the outcome of this contract, or any ensuing City construction project. Consultant shall also list current clients who may have a financial interest in the outcome of this contract, or any ensuing City construction project, which will follow.
14.1 Consultant hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this contract.
14.2 Consultant hereby certifies that neither Consultant, nor any firm affiliated with Consultant will bid on any construction contract, or on any contract to provide construction inspection for any construction project resulting from this contract. An affiliated firm is one, which is subject to the control of the same persons through jointownership, or otherwise. 66 14.3 Except for subconsultants whose services are limited to providing surveying or materials testing information, no subconsultant who has provided design services in connection with this contract shall be eligible to bid on any construction contract, or on any contract to provide construction inspection for any construction project resulting from this contract.
14.4 Consultant hereby certifies that neither Consultant, its employees, nor any firm affiliated with Consultant providing services on this project prepared the Plans, Spe~ifications, and Estimate for any construction project included within this contract. An affiliated firm is one, which is subject to the control of the same persons through jointownership, or otherwise.
14.5 Consultant further certifies that neither Consultant, nor any firm affiliated with Consultant, will bid on any construction subcontracts included within the construction contract. Additionally, Consultant certifies that no person working under this contract is also employed by the construction contractor for any project included within this contract.
14.6 Except for subconsultants whose services are limited to materials testing, no subconsultant who is providing service on this contract shall have provided services on the design of any project included within this contract.
15. Assignment This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City.
15.1 Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City.
Consultant shall be fully responsible to City for all acts and omissions of the subconsultant. Nothing in this Agreement shall create any contractual relationship between City and subconsultant nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subconsultant other than as otherwise required by law.
16. Compliapce with Laws. Rules. Regulations. Consultant's signature affixed herein, and dated, shall constitute a certification under penalty of perjury under the laws of the State of California that Consultant has, unless exempt, complied with, the nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Administrative Code, Section 8103.
16.1 During the performance of this Contract, Consultant and its subconsultants shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. Consultant and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Consultant and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and the applicable regulations promulgated there under (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 {a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Contract by reference and made a part hereof as if set forth in full. Consultant and its subconsultants shall give written notice of 67 their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.
16.2 The Consultant shall comply with regulations relative to Title VI (nondiscrimination in federally-assisted programs of the Department of Transportation - Title 49 Code of Federal Regulations, Part 21 - Effectuation of Title VI of the 1964 Civil Rights Act). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the state of California shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.
16.3 The Consultant, with regard to the work performed by it during the Agreement shall act in accordance with Title VI. Specifically, the Consultant shall not discriminate on the basis of race, color, national origin, religion, sex, age, or disability in the selection and retention of Subconsultants, including procurement of materials and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21 .5 of the U.S. DOT's Regulations, including employment practices when the Agreement covers a program whose goal is employment.
16.4 Consultant shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement.
16.5 Consultant is aware of the requirements of California Labor Code section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are subject to the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws.
17. Debarment and Suspension Certification. Consultant's signature affixed herein, shall constitute a certification under penalty of perjury under the laws of the State of California, that Consultant has complied with Title 2 CFR, Part 180, "OMB Guidelines to Agencies on Government wide Debarment and Suspension (nonprocurement)", which certifies that he/she or any person associated therewith in the capacity of owner, partner, director, officer, or Administrator, is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and has not been indicated, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. Any exceptions to this certification must be disclosed to the City. 68 Exceptions will not necessarily result in denial of recommendations for award, but will be considered in determining Consultant responsibility. Disclosures must indicate to whom exceptions apply, initiating agency, and dates of action.
Exceptions to the Federal Government Excluded Parties List System maintained by the General Services Administration are to be determined by the Federal Highway Administration.
18. lntegratjon; Amendment, This Agreement represents the entire understanding of City and Consultant as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered in it. This Agreement may not be modified or altered except by amendment in writing signed by both parties.
19. Seyerabiljty, If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of the Agreement shall continue to be in full force and effect.
20. WajyerNaljdjty. Consultant agrees that waiver by City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver of any other condition of performance under this Agreement. The acceptance by the City of the performance of any work or services by Contractor shall not be deemed to be a waiver of any term or condition of this Agreement.
21. Jurjsdjctjon, City and Consultant agree that the law governing this Agreement shall be that of the State of California. Any suit brought by either party against the other arising out of the performance of this Agreement shall be filed and maintained in the County of Merced.
22. Notjce, Any notices required to be given pursuant to this Agreement shall be deemed to have been given by their deposit, postage prepaid, in the United States Postal Service, addressed to the parties as follows:
To City:
Nirorn Than, P.E.
Public Works Director/City Engineer
411 Madison Avenue
Los Banos, California 93635
To Consultant:
Mario B. Gouveia, P.E.
President
456 Sixth Street
Gustine, CA 95322
23. Termjnatjon. The City may, in its sole discretion, terminate this Agreement at any time and for any reason whatsoever by giving written notice of such termination to Consultant. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. In the event of such termination, Consultant shall be entitled to compensation for all services rendered and work performed for City to the date of such termination. 69 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates set forth below.
Date:
Date:
ATTEST:
CITY CLERK
Lucille L. Mallonee
City Clerk
GOUVEIA ENGINEERING, INC.
a Corporation
by: Mario B. Gouveia, P.E.
President
CITY OF LOS BANOS,
a California Municipal Corporation
by: Gregory Wellman
Interim City Manager
APPROVED AS TO FORM:
William A. Vaughn
City Attorney
70 EXHIBIT A
COST PROPOSAL
71 GOUVEIA ENGINEERING, INC.
456 Sixth Street
Gustine, CA 95322
209-854-3300
2022 CHARGE RATE SCHEDULE
Title
Principal Engineer
Senior Engineer
Associate Engineer
Project Manager
Construction Observation
Engineer in Training (E.I.T.)
Engineering Assistant I
Engineering Assistant II
Engineering Technician I
Engineering Technician II
Clerical
Miscellaneous Charges
Travel Mileage
Reimbursable Expenses
General Project Expenses
Computers, reproduction, mail and telephone
Hourly Rate
$150.00
$145.00
$135.00
$145.00
$120.00
$115.00
$95.00
$105.00
$100.00
$115.00
$65.00
IRS Standard Mileage Rate
Cost plus 10%
5% of Labor
72 TO:
FROM:
DATE:
SUBJECT:
LOsBanos
t tile Cn,,. .1t1ds OJ ,tli ·,? :,
Agenda Staff Report
Mayor and City Council Members
Soknirorn Than, P.E., Public Works Director/City Engineer SL==-TCAugust 17, 2022 / On-Call Landscape Architecture, Landscape Plan Check, and Landscape Inspection Services
TYPE OF REPORT: Consent Agenda
Recommendation:
That the City Council adopts the Resolution entering into Agreements for On-Call Landscape Architecture, Landscape Plan Check, and Landscape Inspection Services with O'Dell Engineering, QK Inc., and Callandar Associates Landscape Architecture Inc. (GALA) to support Public Works, and authorize the Interim City Manager to execute the Professional Services Agreements. The administration of the Professional Services Agreements is to be performed by the Public Works Director/City Engineer.
Discussion:
The City of Los Banos Public Works Department is charged with oversight of all landscape services in the Public Right of Way and on Public Land. In order for staff to efficiently and effectively manage these work tasks including landscape design, project management, plan review, and landscape inspection service, Statement of Qualifications (SOQs) were solicited for services of qualified consulting firms. A Request for Qualifications (RFQ) was issued on June 22, 2022. SOQs were received at the office of City Clerk until July 19, 2022 at 4:00 PM. The City received four (4) SOQs. The firms that responded to the City of Los Banos Request for Qualification were:
O'Dell Engineering
CALA
Wood Rodgers
QKlnc.
Each Statement of Qualification was reviewed by a City staff selection committee using the prescribed selection process. Wood Rodgers was disqualified for missing information.
Staff is recommending that the services of O'Dell Engineering, QK Inc., and GALA be retained to support staff with the specified work tasks, as listed in the RFQ, for the City.
ITEM 7G
73 Each of the three firms has the ability to provide the necessary services requested. Each has demonstrated a history of delivering quality work.
Staff is recommending entering into a Professional Services Agreement with each of the three firms for a period of five (5) years effective September 1, 2022. During the five-year service term, landscape work will be requested based on the needs of the City for a specific service from each firm. A Task Order will be generated for specific work tasks, which will identify the scope of work, a not to exceed dollar amount, and a date when the services are due. The administration of each specific Task Order will be authorized and administered by the Public Works Director/City Engineer. Each Task Order will be completed concurrent with the terms of the Professional Services Agreement.
Fiscal Impact:
Each of the proposed consulting firms has submitted a schedule of fees for their services.
The Task Orders will be generated for specific projects, which will be included in the funds approved in the annual adopted City budget.
Reviewed by:
Vuri
Brent
ol0)'.y)t12
Kuhn,
±e1 cklnl ~
Interim Finance Director
Attachments:
Resolution
Copy of RFQ, including proposed Professional Services Agreement 74 RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS AUTHORIZING THE
INTERIM CITY MANAGER TO EXECUTE
PROFESSIONAL SERVICES AGREEMENTS, ANO
THE PUBLIC WORKS DIRECTOR/CITY ENGINEER
TO ADMINISTER PROFESSIONAL SERVICES
AGREEMENTS WITH O'DELL ENGINEERING, QK
INC., AND CALLANDER ASSOCIATES
LANDSCAPE ARCHITECTURE INC. (CALA) FOR
ON-CALL LANDSCAPE ARCHITECTURE,
LANDSCAPE PLAN CHECK, ANO LANDSCAPE
INSPECTION SERVICES
WHEREAS, the City of Los Banos Public Works Department is charged with managing landscape design, landscape project management, landscape plan review, and landscape inspections for all Public Works projects; and WHEREAS, the Engineering Division of Public Works is not structured to meet the landscape engineering needs of all Public Works projects; and WHEREAS, the Public Works Department solicited statement of qualifications from qualified consulting firms to provide On-Call Landscape Architecture, Landscape Plan Check, and Landscape Inspection Services.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby authorize the Interim City Manager to execute Professional Services Agreements, and authorize the Public Works Director/City Engineer to administer Professional Services Agreements with O'Dell Engineering, QK Inc., and CALA for OnCall Landscape Architecture Services.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 17th day of August 2022, 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:
Manual Thomas Faria Ill, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
75 THIS PAGE IS INTENTIONALLY LEFT BLANK
76 LOsBanos
At tl1c Cn1sst-oads of C,rl!fornia
REQUEST FOR QUALIFICATIONS
for
ON-CALL LANDSCAPE ARCHITECTURE, LANDSCAPE
PLAN CHECK, AND LANDSCAPE INSPECTION
SERVICES
Date Released: June 22, 2022
Questions with regard to submission, process, or proposal can be emailed to:
Nirorn Than
Public Works Director I City Engineer
nirorn. [email protected]
Proposals must be received prior to 4:00 p.m. July 19, 2022 at the office of City Clerk
City of Los Banos
520 J Street
Los Banos, CA 93635
77 THIS PAGE IS INTENTIONALLY LEFT BLANK
78 TABLE OF CONTENTS
Request for Qualifications
On-Call Landscape Architecture, Landscape Plan Check, and Landscape Inspection Services Request for Qualifications ....................................................................... ..... .. 3 Project Description and Background ................. ....................... ...................... 5 Scope of Services ......................................................................................... 5 Purpose of Work
Task Orders
General Personnel Requirements
Deliverables
Schedule
Method of Payment
Materials to Be Provided by the Consultant
Appendix A: Submittal Requirements .......................................................... 10 Appendix B: Proposal Evaluation ................................................................. 12 Appendix C: Sample Contract Agreement ................................................... 16 79 THIS PAGE IS INTENTIONALLY LEFT BLANK
80 REQUEST FOR QUALIFICATIONS
ON-CALL LANDSCAPE ARCHITECTURE, LANDSCAPE PLAN CHECK, AND
LANDSCAPE INSPECTION SERVICES
The City of Los Banos (City) is seeking qualified consulting firms to provide landscape architecture services on an on-call basis. The response to this solicitation will be in the form of a Statement of Qualifications (SOQ).
The City intends to award up to three (3) landscape architecture firms; however, the exact number will be determined depending on the quality, diversity and responsiveness of the SOQ's received.
Total amount payable to the Consultant shall not exceed $200,000 per year. The performance period becomes effective upon execution of the Agreement by both parties and shall continue in full force and effect until June 30, 2027.
All qualified firms interested in providing these services are invited to submit their SOQs. The SOQs will be evaluated and ranked according to the criteria provided in Appendix B, "Proposal Evaluation," of this Request for Qualifications (RFQ).
It shall be the Consultant's responsibility to check the City of Los Banos' website (www.losbanos.org) to obtain any addenda that may be issued.
The Consultant's attention is directed to Appendix A, "Submittal Requirements." Submit five (5) hard copies and one (1) electronic copy in PDF format on a USB flash drive of the Consultant's SOQs. The hard copies and USB flash drive shall be mailed or submitted to the City of Los Banos, 520 J Street, Los Banos, CA 93635, prior to 4:00 p.m., Pacific Daylight Savings Time (PDT), on July 19, 2022. SOQs shall be submitted in a sealed package clearly marked "LANDSCAPE ARCHITECTURE SERVICES" and addressed as follows:
City of Los Banos
Attention: City Clerk
520 J Street
Los Banos, CA 93635
Submittals received after the time and date specified above will be considered nonresponsive and will be returned to the Consultant.
Any proposals received prior to the time and date specified above may be withdrawn or modified by written request of the Consultant. To be considered, however, the modified submittal must be received prior to 4:00 p.m., PDT, on July 19, 2022.
Unsigned submittals or submittals signed by an individual not authorized to bind the prospective Consultant will be considered nonresponsive and rejected.
Upon review of submitted proposals, the Selection Committee will determine whether interviews are necessary to determine a Consultant selection. The City reserves the right to hold interviews or make a Consultant selection based solely on the SOQs received.
This RFQ does not commit the City of Los Banos to award a contract, to pay any costs incurred in the preparation of a proposal for this request, or to procure, or contract for services. The City of Los Banos reserves the right to accept or reject any or all SOQs received as a result of this request, to negotiate with any qualified Consultant, or to modify or cancel in part or in its entirety the RFQ if it is in the best interests of the City of Los Banos to do so.
The prospective Consultant is advised that should this RFQ result in recommendation for award of a contract, the contract will not be in force until it is approved and fully executed by the City of Los Banos.
City of Los Banos Request for Qualifications
On-Call Landscape Architecture, Landscape Plan Check and Landscape Inspection Services Page3of35 81 All products used or developed in the execution of any contract resulting from this RFQ will remain in the public domain at the completion of the contract.
The anticipated consultant selection schedule is as follows:
SOQ review and evaluation: July 19, 2022 through July 26, 2022 Oral interviews (if necessary): August 1, 2022 through August 5, 2022 Cost Negotiation: August 5, 2022 through August 9, 2022 Contract Award: August 17, 2022
Any questions related to this RFQ shall be submitted in writing to the attention of Nirorn Than via email at [email protected]. Questions shall be submitted before 5:00 p.m. on July 8, 2022.
Answers to questions and addendum, if necessary, shall be posted on the City website before 5:00 PM PDT on July 12, 2022.
No oral questions or inquiries about the RFQ shall be accepted.
City of Los Banos Request for Qualifications
On-Call Landscape Architecture, Landscape Plan Check and Landscape Inspection Services Page4of26 82 PROJECT DESCRIPTION AND BACKGROUND
The City of Los Banos (City) will select qualified consulting firms to provide on-call landscape architecture services. The consultant shall have the ability to provide in-house services, or the capacity to sublet land surveying, geotechnical engineering, landscape design, irrigation design, environmental studies (including archeological and biological}, arborist services and electrical. The consultant must be knowledgeable and experienced in the preparation of construction plans and specifications and have a history of producing plans that are successfully implemented.
Consultants who plan to sublet any of the required services of a project contained in this RFQ shall include the name of the company(ies) and description of project services that may be potentially sublet.
This solicitation is not for specific projects, but for specific services. The services are to be rendered for the duration of the contract term. The City intends to award contracts to approximately three (3) landscape architecture firms; however, the exact number will be determined depending on the quality, diversity and responsiveness of the SOQ's received. The City does not guarantee a specific number or dollar amount of projects will be contracted.
SCOPE OF SERVICES
PURPOSE OF WORK
The consultant shall only perform work that is assigned in an authorized Task Order. This Contract does not guarantee that a Task Order shall be issued. The consultant may provide services to the City including, but not limited to, the following:
• Landscape Design Services
o Provide consulting and professional services including project planning, design, engineering, land surveying, and drafting services.
o Provide professional services during the bid process including preparation of cost estimates and specifications, project construction, and project completion. o Provide field surveys as requested.
o Leading a team to prepare site improvement plans including but not limited to landscaping, irrigation, grading, planting, lighting/electrical plans, including design details, cost estimates, working drawings, construction documents, specifications, and bid documents, as needed, for new infrastructure, upgrades to existing infrastructure, or general aesthetic improvements for the City. o Preparing conceptual drawings, plans and renderings as may be requested by the City for projects being contemplated or visioning sessions with the community. o Preparing feasibility studies, preliminary documents, for new, renovation, and alteration projects, such as park playground areas, dog parks, tennis courts, pickleball courts, baseball fields, soccer fields, picnic areas and trailheads to name a few. Consider aesthetics, function, using native plant species, maintenance requirements, amenities, and providing shade.
o Attending meetings and preparing presentations for staff reports to City advisory board, commissions, and the City Council as warranted or directed by the Public Works Director or his/her designee.
o Provide maps and mapping services as requested.
o Review and provide comments on environmental documents for proposed projects submitted to the City in accordance with the California Environmental Quality Act. o Provide other engineering and design services as requested.
City of Los Banos Request for Qualifications
On-Call Landscape Architecture, Landscape Plan Check and Landscape Inspection Services Page5of26 83 • Project Management Services
o Providing construction advisement and/or construction management services, value engineering and advice on projects that will be constructed in phases. o Prepare documentation, assist in warranty review, participate in project closeout, and provide as-built record drawings as needed.
o Cooperating, coordinating, and communicating with all internal City departments and divisions as necessary. Coordinate meetings with City staff, contractors and other stakeholders as the project may require.
• Plan Review Services
o Review Landscape Improvement Plans for compliance with the City of Los Banos Improvement Standards, master plans, and general plan.
o Review, redline and/or approve Landscape Irrigation Details and Specifications.
Landscape Planting Details and Specifications
o Work flow methodology for landscape improvement plan checking • Upon receipt of first submittal documents to be plan checked, and within ten (10) business days, LANDSCAPE ARCHITECT shall:
• Review for completeness of submittal. Document any submittal deficiencies and advise the CITY as necessary. Identify any additional reference materials required for a thorough plan check, such as related off-site improvement plans, maintenance issues, approved landscape conceptual plan, studies, or memoranda. • Review project with respect to the relationship between the on- and off-site improvements in order to achieve an understanding of the overall project concept.
• Review conditions of approval. Review plan submittal documents for conformance with these conditions.
• Compare construction documents against the approved landscape conceptual plan for landscape improvement for tree layout (shading), plant material density, and overall landscape improvement compared to landscape conceptual plan. Compare construction documents against approved landscape conceptual plans and existing approved conditions to verify street widths, sidewalk type and location, trail location and width, right-of-way line, and any identified or other potential discrepancies found within the construction documents or existing approved conditions . Notify CITY of any identified or potential discrepancies
• Conduct detailed review of the plans based on the CITY's plan check protocol, professional landscape judgment, experience, and industry standards. In addition, report studies, and other supporting documentation are reviewed for accuracy and appropriateness. • Provide comments and redlines.
• Prepare memorandum documenting plan check findings. These findings are then discussed in a plan check review conference held between LANDSCAPE ARCHITECT and CITY staff. All review
comments are reviewed and modified as required, and formalized into an official review summary for transmittal to the plan originator. • On an as-requested basis, meet with plan originators to discuss and/or clarify plan check comments.
City of Los Banos Request for Qualifications
On-Call Landscape Architecture, Landscape Plan Check and Landscape Inspection Services Page 6 of26 84 • The foregoing process applies to review through all plan checks.
Subsequent plan checks shall proceed along the following steps:
• Upon receipt or resubmitted plans and supporting documents, verify completeness of the submittals, including conformance with requests for supporting or supplemental documentation.
• Review any additional materials, reports, studies, etc. requested as part of the preceding plan check(s) for accuracy and completeness.
Verify conformance with previous plan check comments.
• Respond to any special requests made by CITY, e.g., plan check for landscape maintenance by special Landscape and Lighting district.
This type of request typically occurs when a development is condition to enter a maintenance district for on-going landscape maintenance. • Presuming all previous review comments and requests for additional information have been satisfactorily addressed, and no significant changes to the project are anticipated, prepare a final approval package with all required supporting documentation. Package shall include a Letter of Recommendation for Approval, and signed "Recommended for Approval", and shall be submitted to the CITY for final processing.
• Landscape Inspection Services
o Irrigation Condition of- Water meter, water meter box, water meter lid; backflow size, backflow condition, backflow cage, backflow cage condition, backflow locked; booster pump, booster pump on, booster pump locked; site pressure overall; controller type, controller locked, controller enclosure locked; electric meter on, electric meter safe, electric meter locked; low voltage connections good; master valve operational; rain/freeze sensors operational; valve boxes clean, valve boxes intact, valve box lids intact; irrigation heads working, remote controls valves working, irrigation damage; overspray, ponding, low head drainage; low site moisture, high site moisture, irrigation on, irrigation off, estimated irrigation efficiency, etc. o Planting Condition of- Trees, tree stakes, tree ties, tree tubes, tree trimming, tree count; shrubs healthy, shrubs trimmed to natural stance, groundcover trimmed, vines trimmed; no excess leaves, no excess debris, no excess trimmings; bark mulch condition, weeds; graffiti, trash, litter, dumping; landscape lighting, streetlight lighting; pests, gophers, fungus, disease; illegal signage. o Perform Irrigation Audit if needed or by request.
o Provide an overall maintenance rating(%) and an estimated time frame (calendar days) from last visit by landscape maintenance contractor (for LMD projects)
TASK ORDERS
All work performed under this contract will require approval by the City Contract Administrator and issued through a Task Order. A task order shall be requested from the Consultant to identify and refine the scope of services prior to the City issuing the task order. The task order shall identify and refine the scope of services for any specific project. The task order shall detail the tasks required for particular projects, schedule, and projected costs. The costs will be based on the specified rates of compensation in the contract. The Contract Administrator shall confer with the consultant to establish the maximum fee, including expenses, for the specific project and the completion date.
Pursuant to an authorized Task Order, the consultant shall provide engineering services and all necessary personnel, material, transportation, lodging, instrumentation, and the specialized facilities and equipment necessary to satisfy all appropriate agencies and required to ensure City of Los Banos Request for Qualifications
On-Call Landscape Architecture, Landscape Plan Check and Landscape Inspection Services Page 7 of26 85 compliance with all applicable Federal, State, and Local statutes, laws, codes, regulations, policies, procedures, ordinances, standards, specifications, performance standards, and guidelines, applicable to the consultant's services and work product. The consultant is responsible for supplying and providing all necessary equipment and protective clothing in accordance with City standards.
The potential construction/design projects may vary in scope and size, and may encompass any type of landscape capital improvements including, but not limited to, park structure construction, landscape improvements, installation of specialized equipment such as splash pads or playgrounds, construction of park amenities such as pickleball courts or park signage. The project location, project limits, purpose, expected results, project deliverables, period of performance, project schedule, and scope of work to be performed shall be described in each Task Order.
The consultant shall only perform work that is assigned in an authorized Task Order and an award of a contract does not guarantee any Task Orders will be issued. Work shall not begin until the Task Order has been approved by the Contract Administrator.
The consultant shall maintain a set of project files that shall be provided to the City upon request.
The consultant shall have the ability to respond in a timely and cost-efficient manner to City requests.
For Federally Funded Projects, the City will follow the Caltrans Architectural and Engineering procurement process. A separate RFP will be issued to the preselected firms as a result of this RFQ. A separate ranking and scoring criteria will be issued under this RFP and the highest ranking firm will be selected to proceed with cost negotiation stage. The City reserves the right to issue the RFP publicly to all firms at the discretion of the Public Works director.
GENERAL PERSONNEL REQUIREMENTS
The consultant's personnel shall be capable, competent, and experienced in performing the types of work in this Contract with minimal instruction. Personnel skill level should match the specific job classifications, as set forth herein or in the consultant's Cost Proposal and task complexity. The consultant's personnel shall be knowledgeable about, and comply with, all applicable Federal, State, and Local laws and regulations.
The consultant is required to submit a written request and obtain the City's Contract Administrator's prior written approval for any substitutions, additions, alterations, or modifications to the consultant's originally proposed personnel and project organization, as depicted on the proposed consultant's organization chart or the consultant's cost proposals. The substitute personnel shall have the same job classification as set forth herein or in the consultant's Cost Proposal not exceed the billing rate, and meet or exceed the qualifications and experience level of the previously assigned personnel, at no additional cost to the City.
The consultant Contract Administrator shall be a Registered Professional Engineer, or a licensed/registered Landscape Architect licensed in the State of California in good standing with the State of California at all times during the Contract period, to perform the tasks described in this Contract and in the Task Orders and shall have a documented minimum five (5) years of demonstrated experience acceptable to City in management and delivery of capital improvement projects for local agencies.
In addition to other specified responsibilities, the consultant Project Administrator shall be responsible for all matters related to the consultant's personnel, subconsultants, and consultant's and sub-consultants' operations including, but not limited to, the following:
a. Ensuring that deliverables are clearly defined and those criteria are specific, measurable, attainable, realistic and time-bound.
City of Los Banos Request for Qualifications
On-Call Landscape Architecture, Landscape Plan Check and Landscape Inspection Services Page8of26 86 b. Supervising, reviewing, monitoring, training, and directing the consultant's and subconsultants' personnel. c. Assigning qualified personnel to complete the required Task Order work in coordination with the City Contract Administrator.
d. Administering personnel actions for consultant personnel and ensuring appropriate actions taken for Subconsultant personnel
e. Maintaining and submitting organized project files for record tracking and auditing. f. Developing, organizing, facilitating, and attending scheduled coordination meetings, and preparation and distribution of meeting minutes.
g. Implementing and maintaining quality control procedures to manage conflicts, insure product accuracy, and identify critical reviews and milestones. h. Assuring that all applicable safety measures are in place. i.
j.
Providing invoices in a timely manner and providing monthly Contract expenditures.
Reviewing invoices for accuracy and completion before billing to City. k. Managing Subconsultants.
I. Managing overall budget for Contract and provide report to the City Contract Administrator. m. Ensuring compliance with the revisions in the Contract and all specific Task Order requirements.
n. Knowledge, experience, and familiarity with prevailing wage issues and requirements in the State of California.
DELIVERABLES
As agreed upon by the City and Consultant in a Task Order for each project.
SCHEDULE
As agreed upon by the City and Consultant in a Task Order for each project.
METHOD OF PAYMENT
Consultant shall be paid based on the Specific Rates of Compensation for this Contract and for the amount as agreed upon by the City and consultant in a Task Order for each project. Consultant shall submit request for monthly progress payments.
MATERIALS TO BE PROVIDED BY THE CONSULTANT
Unless otherwise specified, the consultant shall provide all materials to complete the required work in accordance with the delivery schedule and cost estimate outlined in each Task Order.
City of Los Banos Request for Qualifications
On-Call Landscape Architecture, Landscape Plan Check and Landscape Inspection Services Page 9 of26 87 THIS PAGE IS INTENTIONALLY LEFT BLANK
88 APPENDIX A - SUBMITTAL REQUIREMENTS
These guidelines are provided for standardizing the preparation and submission of the SOQ's by all consultants. The intent of these guidelines is to assist consultants in preparation of their qualifications, to simplify the review process, and to help assure consistency in format and content.
SOQ's shall contain the following information in the order listed:
1. Introductory Letter
The introductory (or transmittal) letter shall be addressed to:
Nirorn Than P.E., Public Works Director/City Engineer
411 Madison Ave
Los Banos, CA 93635
The letter shall be on consultant letterhead and include the consultant's contact name, mailing address, telephone number, facsimile number, and email address. The letter will address the consultant's understanding of the services being requested and any other pertinent information the Consultant believes should be included. All addendums received must be acknowledged in the transmittal letter.
The letter shall be signed by the individual authorized to bind the consultant to the proposal.
2. Consultant Information, Qualifications & Experience
The City will only consider submittals from consultants that demonstrate they have successfully completed comparable projects. These projects must illustrate the quality, type, and past performance of the project team. Submittals shall include a detailed description of a minimum of three (3) projects which include the following information:
1. Contracting agency
2. Contracting agency Project Administrator/Contact Person including name, address and phone
3. Contracting agency contact information
4. Contract amount
5. Date of contract
6. Date of completion
7. Consultant Project Administrator and contact information
3. Organization and Approach
1. Describe the roles and organization of your proposed team for this project. Indicate the composition of subcontractors and number of project staff, facilities available and experience of your team as it relates to this contract. Provide an organizational chart.
2. Describe your project and management approach including plan check and inspection.
3. Describe the roles of key individuals on the team. Provide resumes and references for all key team members. Resumes shall show relevant experience, for the Project's Scope of Work, as well as the length of employment with the proposing Consultant. Key members, especially the Project Administrator, shall have significant demonstrated experience with this type of project, and should be committed to stay with the project for the duration of the project.
4. Demonstrate that the consultant's project Administrator and project staff have sufficient availability and/or that consultant has sufficient resources to timely deliver City's projects.
4. Past Experience on Municipal Projects
Include a description of past municipal projects (minimum of five) in which your firm has been involved, for comparable cities including the following:
City of Los Banos Request for Qualifications
On-Call Landscape Architecture, Landscape Plan Check and Landscape Inspection Services Page 10of26 89 • Project Description
• Year of Completion
• Construction Cost (or consultant cost, if not an infrastructure project) • City Contact
5. Conflict of Interest Statement
Throughout the term of the awarded contract, any person, firm or subsidiary thereof who may provide, has provided or is currently providing design engineering services and/or construction engineering services under a contractual relationship with a construction contractor(s) on any City project related to this solicitation.
Similar to the disclosures regarding contractors, all firms are also required to disclose throughout the term of the awarded contract, any design engineering services including claim services, lead project management services and construction engineering services provided to all other clients on any City project listed in this solicitation.
In addition to the disclosures, the consultant shall also provide possible mitigation efforts, if any, to eliminate or avoid any actual or perceived conflicts of interest.
The consultant shall ensure that there is no conflict before providing services to any construction contractor on any of the City's projects related to this solicitation. The submitted documentation will be used for determining potential conflicts of interest. The City will use this documentation to determine whether the firm may provide the specified services under this contract.
If a consultant discovers a conflict during the execution of an assigned task order, the consultant must immediately notify the City Contract Administrator regarding the conflicts of interest. The City Contract Administrator may terminate the Task Order involving the conflict of interest and City may obtain the conflicted services in any way allowed by law. Failure by the consultant to notify the City Contract Administrator may be grounds for termination of the contract.
6. Litigation
Indicate if the proposing consultant was involved with any litigation in connection with prior projects.
If yes, briefly describe the nature of the litigation and the result.
7. Contract Agreement
Indicate if the proposing consultant has any issues or needed changes to the proposed contract agreement included as Appendix C.
The consultant shall provide a brief statement affirming that the proposal terms shall remain in effect for ninety (90) days following the date proposal submittals are due.
8. Cost Proposal
In order to assure that the City is able to acquire professional services based on the criteria set forth in the Brooks Act and Government Code 4526, the SOQ shall include the consultant's Specific Rates of Compensation for this contract. The Specific Rates of Compensation shall be submitted in a separate sealed envelope from the SOQ. The consultant's Specific Rates of Compensation are confidential and shall remain sealed. Upon completion of the consultant selection process, only the cost proposal from the selected consultant shall be opened. All other (unopened) cost proposals shall be returned in accordance with Appendix B. These Specific Rates of Compensation are adjustable on an annual basis (one time per year) for the performance period set forth in this Contract. Consultant shall submit a request for adjustment to the rates 30 days prior to the expiration of the current rates. Consultant agreed to forego rate adjustment if the rate adjustment request was not received prior to the expiration of the current rates.
Cost proposal will be established separately under an RFP for federally funded project.
City of Los Banos Request for Qualifications
On-Call Landscape Architecture, Landscape Plan Check and Landscape Inspection Services Pagell of26 90 APPENDIX B - PROPOSAL EVALUATION
EVALUATION PROCESS
All submittals will be evaluated by City Selection Committee. The Committee may be composed of City staff and other parties that may have expertise or experience in the services described herein.
The Committee will review the submittals and will rank the proposers. The evaluation of the proposals shall be within the sole judgment and discretion of the Committee. All contacts during the evaluation phase shall be through the Contract Administrator/Project Administrator only. Proposers shall neither contact nor lobby evaluators during the evaluation process. Attempts by Proposer to contact members of the Committee may jeopardize the integrity of the evaluation and selection process and risk possible disqualification of Proposer.
The Committee will evaluate each submittal meeting the qualification requirements set forth in this RFQ. Proposers should bear in mind that any submittal that is unrealistic in terms of the technical or schedule commitments may be deemed reflective of an inherent lack of technical competence or indicative of a failure to comprehend the complexity and risk of the City requirements as set forth in this RFQ.
The selection process may include oral interviews. The consultants will be notified of the time and place of oral interviews and if any additional information that may be required to be submitted.
Interviews may be held with the top ranked candidates. In the event that the City receives no more than three SOQs, the City may opt to not conduct an oral interview.
Upon completion of the evaluation and selection process, only the cost proposals from the top three qualified consultants will be opened to begin cost negotiations. All unopened cost proposals will be returned at the conclusion of the procurement process. Upon acceptance of a cost proposal and successful contract negotiations, staff will recommend a contract be awarded.
EVALUATION CRITERIA
Proposals will be evaluated according to each Evaluation Criteria, and scored on a zero to five point rating. The scores for all the Evaluation Criteria will then be multiplied according to their assigned weight to arrive at a weighted score for each proposal. A submittal with a high weighted total will be deemed of higher quality than a proposal with a lesser-weighted total. The final maximum score for any proposal is five hundred (500) points.
Rating Scale
Not Non-responsive, fails to meet RFQ specifications. The approach has no probability of 0 Acceptable success. For mandatory requirement this score will result in disqualification of submittal.
Below average, falls short of expectations, is substandard to that which is the average 1 Poor or expected norm, has a low probability of success in achieving project objectives per RFQ.
2 Fair Has a reasonable probability of success, however, some objectives may not be met.
Acceptable, achieves all objectives in a reasonable fashion per RFQ specification. This 3 Average will be the baseline score for each item with adjustments based on interpretation of submittal by Evaluation Committee members.
4 Above Very good probability of success, better than that which is average or expected as the Average/Good norm. Achieves all objectives per RFQ requirements and expectations.
ExcellenV Exceeds expectations, very innovative, clearly superior to that which is average or 5 Exceptional expected as the norm. Excellent probability of success and in achieving all objectives and meeting RFQ specification.
City of Los Banos Request for Qualifications
On-Call Landscape Architecture, Landscape Plan Check and Landscape Inspection Services Page12of26 91 The Evaluation Criteria Summary and their respective weights are as follows:
No. Written Evaluation Criteria Weight
1 Completeness of Response Pass/Fail
2 Qualifications & Experience 30
3 Organization & Approach 15
4 Past Experience on Municipal Projects 20
5 Staff Availability 15
6 Conflict of Interest Statement Pass/Fail
7 Proposal Format 5
8 References 15
Subtotal: 100
No. Interview Evaluation Criteria Weight
(if interviews are necessary)
9 Presentation by.Team 10
10 Q&A Response to Panel 15 Questions
Subtotal: 25
Total: 125
1. Completeness of Response (Pass/Fail)
a. Responses to this RFQ must be complete. Responses that do not include the proposal content requirements identified within this RFQ and subsequent addenda and do not address each of the items listed below will be considered incomplete, be rated a Fail in the Evaluation Criteria and will receive no further consideration. Responses that are rated a Fail and are not considered may be picked up at the delivery location within 14 calendar days of contract award and/or the completion of the competitive process.
2. Qualifications & Experience (30 points)
a. Relevant experience, specific qualifications, and technical expertise of the firm and subconsultants to conduct landscape architecture services on capital improvement projects.
3. Organization & Approach (15 points)
a. Describes familiarity of project and demonstrates understanding of work completed to date and project objectives moving forward
b. Roles and Organization of Proposed Team
i. Proposes adequate and appropriate disciplines of project team. ii. Some or all of team members have previousiy worked together on similar project(s). iii. Overall organization of the team is relevant to City needs. c. Project and Management Approach
i. Team is managed by an individual with appropriate experience in similar projects.
This person's time is appropriately committed to the project. ii. Team successfully addresses Site Planning and Programming efforts.
City of Los Banos Request for Qualifications
On-Call Landscape Architecture, Landscape Plan Check and Landscape Inspection Services Page 13of26 92 iii. Project team and management approach responds to project issues. Team structure provides adequate capability to perform both volume and quality of needed work within project schedule milestones.
d. Roles of Key Individuals on the Team
i. Proposed team members, as demonstrated by enclosed resumes, have relevant experience for their role in the project.
ii. Key positions required to execute the project team's responsibilities are appropriately staffed.
e. Working Relationship with City
i. Team and its leaders have experience working in the public sector and knowledge of public sector procurement process.
ii. Team leadership understands the nature of public sector work and its decisionmaking process. iii. Proposal responds to need to assist City during the project.
4. Past Experience on Municipal Projects (20 points)
a. Consultant demonstrates experience with performance of services within the comparable cities for projects similar in nature to those related to this solicitation. b. Consultant demonstrates successful completion of said projects. c. Consultant is familiar with City standards and procedures.
5. Staff Availability (15 points)
a. Consultant demonstrates project team staff is available and able to promptly respond to requests throughout the contract duration in order to timely deliver projects.
6. Conflict of Interest Statement (Pass/Fail)
a. Discloses any financial, business or other relationship with the City that may have an impact upon the outcome of the contract or the construction project. b. Lists current clients who may have a financial interest in the outcome of this contract or the construction project that will follow.
c. Discloses any financial interest or relationship with any construction company that might submit a bid on the construction project.
7. Proposal Format (5 points)
a. Attractive, professional appearance. (Cover, internal layout, font type and size, and illustrations/photos)
b. Clear, concise, error-free.
8. References (15 points)
a. Provide as reference the name of at least three (3) agencies you currently or have previously consulted for in the past three (3) years.
9. Presentation by Team (if necessary) (10 points)
a. Team presentation conveying project understanding, communication skills, innovative ideas, critical issues and solutions.
10. Q&A Response to Panel Questions (if necessary) (15 points) a. Proposer provides responses to various interview panel questions.
City of Los Banos Request for Qualifications
On-Call Landscape Architecture, Landscape Plan Check and Landscape Inspection Services Page14of26 93 Weighted scores for each Proposal will be assigned utilizing the table below:
Rating Score
No. Evaluation Criteria Weight (Rating* (0-5) Weiaht\
1 Completeness of Response NIA Pass/Fail Pass/Fail
2 Qualifications & Experience 30
3 Organization & Approach 15
4 Past Experience on Municipal Projects 20
5 Staff Availability 15
6 Conflict of Interest Statement Pass/Fail
7 Proposal Format 5
8 References 15
9 Presentation by Team 10
10 Q&A Response to Panel Questions 15
Total: 125
City of Los Banos Request for Qualifications
On-Call Landscape Architecture, Landscape Plan Check and Landscape Inspection Services Page 15of26 94 APPENDIX C -SAMPLE CONTRACT AGREEMENT
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF LOS BANOS
AND
[CONSULTANT NAME]
FOR
ON-CALL ENGINEERING SERVICES
THIS AGREEMENT is made and entered into this __ day of _____ ~ 2019, by and between the City of Los Banos, California, a municipal corporation, ("City,") and [CONSUL TANT NAME], a [ partnership, corporation, etc.] ("Consultant").
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California.
B. City desires to engage Consultant as an independent contractor to provide professional engineering services for specific tasks/projects on short notice as needed to support the City's Public Works DepartmenVCity Engineer.
C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement.
D. City desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:
1. ,IlllD,. The term of this Agreement shall commence upon the above written date and shall remain in effect until June 30, 2027, unless terminated earlier as set forth herein. The Consultant's Cost Proposal is attached hereto (Exhibit A) and incorporated by reference. If there is any conflict between the approved Cost Proposal and this contract, this contract shall take precedence.
2. Scope of Seryjces. Services to be performed by Consultant may include the following on an on-call basis upon reasonable notice to Consultant:
a. Provide consulting and professional services including project planning, design, engineering, land surveying, and drafting services. b. Provide professional services during the bid process including preparation of cost estimates and specifications, project construction, and project completion.
c. Provide field surveys as requested.
d. Review Tentative Subdivision Maps, Parcel Maps, Subdivision Maps and Lot Line Adjustments for compliance with Subdivision Map Act and the Los Banos Municipal Code.
e. Review Subdivision Improvement Plans for compliance with the City of Los Banos Improvement Standards.
f. Review developers' site and utility plans.
City of Los Banos Request for Qualifications
On-Call Landscape Architecture, Landscape Plan Check and Landscape Inspection Services Page16 of26 95 g. Update and correct City base maps for zoning, planning, sewer and storm drainage and water systems.
h. Provide map and maps and mapping services as requested. i. Preparation and review of legal descriptions for easements, Rights-ofWay, Lot Line Adjustments, etc. j. Update and maintain City Improvement Standards and Specifications. k. Review the City's requested project and/or task to be accomplished, and provide preliminary consultation, research and evaluation of same.
I. Assist the City's Engineering Division with presentations and/or recommendations to City staff administration, or City Council. m. Third party review consultation related to documents prepared by the City's Engineering Division or other consultants retained by the City. n. Review and provide comments on environmental documents for proposed projects submitted to the City in accordance with the California Environmental Quality Act.
o. Provide other engineering and design services as requested.
2.1 Consultant shall provide such services on an as needed basis when given written instruction to do so by the Public Works Director, or his designee. Consultant shall diligently perform all the services described in the Scope of Services.
2.2 All professional services shall be performed by Consultant or under Consultant's supervision. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional Consultants in accordance with sound professional practices.
2.3 Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.
3. Admjnjstratjon, The Public Works Director shall administer this Agreement on behalf of the City. The Public Works Director or his/her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement.
4. Tjme of performance, Upon receipt of written Notice to Proceed from the City, Consultant shall perform with due diligence the services requested by the city and agreed on by the Consultant. Time is of the essence in the performance of services under this Agreement and the services shall be performed to completion in a diligent and timely manner. The failure by Consultant to perform the services in a diligent and timely manner may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provid~d for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed.
4.1 Consultant is advised that any recommendation for contract award is not binding on City until the contract is fully executed and approved by the City.
4.2 The period of performance for each specific project shall be in accordance with the Task Order for that project. If work on a Task Order is in progress on the expiration date of this contract, the terms of the contract shall be extended by contract amendment.
City of Los Banos Request for Qualifications
On-Call Landscape Architecture, Landscape Plan Check and Landscape Inspection Services Page 17of26 96 5. AHowabie Costs and payments, Consultant will be reimbursed for hours worked at the hourly rates specified in Consultants Cost Proposal (Exhibit A). The specified hourly rates shall include direct salary costs, employee benefits, overhead, and fee. These rates are adjustable on an annual basis (one time per year) for the performance period set forth in this Contract. Consultant shall submit a request for adjustment to the rates 30 days prior to the expiration of the current rates. Consultant agreed to forego rate adjustment if the rate adjustment request was not received prior to the expiration of the current rates.
Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed $200,000 per year during the term of this Agreement.
5.1 In addition, Consultant will be reimbursed for incurred (actual) direct costs other than salary costs that are in the cost proposal and identified in the cost proposal and in the executed Task Order.
5.2 Specific projects will be assigned to Consultant through issuance of Task Orders.
5.3 After a project to be performed under this contract is identified by the City, the City will prepare a draft Task Order; less the cost estimate. A draft Task Order will identify the scope of services, expected results, project deliverables, period of performance, project schedule and will designate a City Project Coordinator. The draft Task Order will be delivered to Consultant for review. Consultant shall return the draft Task Order within ten (10) calendar days along with a Cost Estimate, including a written estimate of the number of hours and hourly rates per staff person, any anticipated reimbursable expenses, overhead, fee if any, and total dollar amount. After agreement has been reached on the negotiable items and total cost; the finalized Task Order shall be signed by both the City and Consultant.
5.4 Task Orders may be negotiated for a lump sum (Firm Fixed Price) or for specific rates of compensation, both of which must be based on the labor and other rates set forth in Consultant's Cost Proposal.
5.5 Reimbursement for transportation and subsistence costs shall not exceed the rates as specified in the approved Cost Proposal.
5.6 When milestone cost estimates are included in the approved Cost Proposal, Consultant shall obtain prior written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such estimate.
5.7 Progress payments for each Task Order will be made monthly in arrears based on services provided and actual costs incurred.
5.8 Consultant shall not commence performance of work or services until this contract has been approved by the City, and notification to proceed has been issued by the City's Contract Administrator. No payment will be made prior to approval or for any work performed prior to approval of this contract.
5.9 A Task Order is of no force or effect until returned to the City and signed by an authorized representative of the City. No expenditures are authorized on a project and work shall not commence until a Task Order for that project has been executed by the City.
5.10 Consultant will be reimbursed, as promptly as fiscal procedures will permit upon receipt by the City's Contract Administrator of itemized invoices. Separate invoices itemizing all costs are required for all work performed under each Task Order. Invoices shall be submitted no later than 45 calendar days after the performance of work for which Consultant is billing, or upon completion of the Task Order. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format City of Los Banos Request for Qualifications
On-Call Landscape Architecture, Landscape Plan Check and Landscape Inspection Services Page 18of26 97 stipulated for the approved Cost Proposal and shall reference the project title and Task Order number. Invoices shall be mailed to the City's Contract Administrator at the following address:
City of Los Banos, Nirorn Than P.E., Public Works Director 411 Madison Avenue, Los Banos, CA 93635
5.11 The period of performance for Task Orders shall be in accordance with dates specified in the Task Order. No Task Order will be written which extends beyond the expiration date of this Contract.
5.12 The total amount payable by the City for an individual Task Order shall not exceed the amount agreed to in the Task Order, unless authorized by contract amendment.
5.13 If the Consultant fails to satisfactorily complete a deliverable according to the schedule set forth in a Task Order, no payment will be made until the deliverable has been satisfactorily completed.
5.14 Task Orders may not be used to amend this Agreement and may not exceed the scope of work under this Agreement.
5.15 The total amount payable by the City for all Task Orders resulting from this contract shall not exceed $ 2,500,000.00. It is understood and agreed that there is no guarantee, either expressed or implied that this dollar amount will be authorized under this contract through Task Orders.
6. Subcontracting. Nothing contained in this contract or otherwise, shall create any contractual relation between the City and any subconsultant(s), and no subcontract shall relieve Consultant of its responsibilities and obligations hereunder. Consultant agrees to be as fully responsible to the City for the acts and omissions of its subconsultant(s) and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by Consultant. Consultant's obligation to pay its subconsultant(s) is an independent obligation from the City's obligation to make payments to the Consultant.
6.1 Consultant shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this contract shall be subcontracted without written authorization by the City's Contract Administrator, except that, which is expressly identified in the approved Cost Proposal.
6.2 Consultant shall pay its subconsultants within ten (10) calendar days from receipt of each payment made to Consultant by the City.
6.3 All subcontracts entered into as a result of this contract shall contain all the provisions stipulated in this contract to be applicable to subconsultants.
6.4 Any substitution of subconsultant(s) must be approved in writing by City's Contract Administrator prior to the start of work by the subconsultant(s).
7. lademnjfjcatjon. When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect; defend, and hold harmless City and any and all of its offic1als, employees and agents from and against any and all losses, liabilities, damages, costs, and expenses, including legal counsel's fees and costs but only to the extent the Consultant (and its Sub consultants), are responsible for such damages, liabilities and costs on a comparative basis of fault between the Consultant (and its Sub consultants) and the City in the performance of professional services under this agreement.
City of Los Banos Request for Qualifications
On-Call Landscape Architecture, Landscape Plan Check and Landscape Inspection Services Page19of26 98 Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend, and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel's fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or City for which Consultant is legally liable, including, but not limited to officers, agents, employees, or subcontractors of Consultant.
Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant.
In the event the City indemnities are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant's performance of this agreement, the Consultant shall provide a defense to the City indemnities, or at the City's option, reimburse the City indemnities their costs of defense, including reasonable legal counsels' fees, incurred in defense of such claims.
8. insurance, Without limiting Consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein.
Insurance certificates must be approved by the City Attorney prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City Attorney.
D. Coverage Requirements.
i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non-renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of nonpayment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses City of Los Banos Request for Qualifications
On-Call Landscape Architecture, Landscape Plan Check and Landscape Inspection Services Page20of26 99 arising from work performed by Consultant for City.
ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, the general aggregate limit shall be at least twice the required occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence.
iv. Professional Errors and Omissions Insurance. Consultant shall maintain professional errors and omissions insurance, which covers the services to be performed in connection with this Agreement in the minimum amount of one million dollars ($1,000,000) per claim and not less than two million dollars ($2,000,000) in the annual aggregate.
E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self-insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder.
iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non-payment of premium) written notice has been received by City.
8.1 Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.
8.2 All subconsultants shall be included as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing City of Los Banos Request for Qualifications
On-Call Landscape Architecture, Landscape Plan Check and Landscape Inspection Services Page21 of26 100
subconsultants to purchase the appropriate insurance in compliance with the terms of this Agreement, including adding the City as an Additional Insured to the subconsultant's policies.
9. Nondjscrjmjnation. In the performing of this Agreement, Consultant shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation race, religion, color, national origin, handicap, ancestry, sex or age.
10. Independent Contractor. It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement.
Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services.
10.1 The Consultant shall at all times remain an independent Contractor with respect to the services to be performed under this Agreement and shall be responsible for the payment of Federal and State Employer Withholding Taxes, Unemployment Insurance Taxes, FICA Taxes, Retirement, Life and/or Medical Insurance, and Worker's Compensation Insurance for the employees of the Consultant or any other person performing services under this Agreement. Consultant and its employees are not entitled to the rights or benefits afforded to City's employees, including disability or unemployment insurance, workers' compensation, medical insurance, sick leave, or any other employment benefit. Consultant agrees to indemnify and hold City harmless from any claims, costs, losses, fees, penalties, interest, or damages suffered by City as a result of any claim by any person or entity contrary to the provisions of this Section.
11. Ownershjp of Documents. All documents, information and materials of any and every type furnished or prepared by the Consultant or any of its subcontractors pursuant to and in the course of performance of this Agreement shall be and remain the sole and exclusive property of the City. Such documents, information and materials shall include but not be limited to all findings, reports, plans, specifications, studies, drawings, estimates, documents, information and data including, but not limited to, electronic media, computer tapes or discs, files, and tapes furnished or prepared or accumulated by the Consultant in performing work under this Agreement, whether completed or in process. City shall have the sole right to use such documents, materials and information in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such documents, materials and information to City upon prior written request.
11.1 All Documents shall be considered works made for hire and all Documents and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of the City without restriction or limitation upon their use, duplication or dissemination by the City. Consultant shall not obtain or attempt to obtain copyright protection as to any Documents.
City of Los Banos Request for Qualifications
On-Call Landscape Architecture, Landscape Plan Check and Landscape Inspection Services Page22of26 101
12. Confjdentjaljty. All City information disclosed to Consultant during the course of performance of services under this Agreement shall be treated as confidential and shall not be disclosed to any other persons or parties except as authorized by City, excepting that information which is public record and subject to disclosure pursuant to the Public Records Act, or otherwise required by law. All documents, including drafts, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information, excepting that information which is public record and subject to disclosure pursuant to the Public Records Act, or otherwise required by law.
13. Access to Records. Consultant shall maintain all books, records, documents, accounting ledgers, and similar materials relating to work performed for City under this Agreement on file for at least three (3) years following the date of final payment to Consultant by City. Any duly authorized representative(s) of City shall have access to such records for the purpose of inspection, audit and copying at reasonable times, during Consultant's usual and customary business hours. Consultant shall provide proper facilities to City's representative(s) for access and inspection. Consultant shall be entitled to reasonable compensation for time and expenses relate to such access and inspection activities, which shall be considered to be an additional service to the City, subject to the provisions of Section 5 hereinabove.
14. Conflict of Interest. Consultant shall disclose any financial, business, or other relationship with the City that may have an impact upon the outcome of this contract, or any ensuing City construction project. Consultant shall also list current clients who may have a financial interest in the outcome of this contract, or any ensuing City construction project, which will follow.
14.1 Consultant hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this contract.
14.2 Consultant hereby certifies that neither Consultant, nor any firm affiliated with Consultant will bid on any construction contract, or on any contract to provide construction inspection for any construction project resulting from this contract. An affiliated firm is one, which is subject to the control of the same persons through joint-ownership, or otherwise.
14.3 Except for subconsultants whose services are limited to providing surveying or materials testing information, no subconsultant who has provided design services in connection with this contract shall be eligible to bid on any construction contract, or on any contract to provide construction inspection for any construction project resulting from this contract.
14.4 Consultant hereby certifies that neither Consultant, its employees, nor any firm affiliated with Consultant providing services on this project prepared the Plans, Specifications, and Estimate for any construction project included within this contract. An affiliated firm is one, which is subject to the control of the same persons through jointownership, or otherwise.
14.5 Consultant further certifies that neither Consultant, nor any firm affiliated with Consultant, will bid on any construction subcontracts included within the construction contract. Additionally, Consultant certifies that no person working under this contract is also employed by the construction contractor for any project included within this contract.
14.6 Except for subconsultants whose services are limited to materials testing, no subconsultant who is providing service on this contract shall have provided services on the design of any project included within this contract.
City of Los Banos Request for Qualifications
On-Call Landscape Architecture, Landscape Plan Check and Landscape Inspection Services Page23of26 102
15. Assjgnment, This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City.
15.1 Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City.
Consultant shall be fully responsible to City for all acts and omissions of the subconsultant.
Nothing in this Agreement shall create any contractual relationship between City and subconsultant nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subconsultant other than as otherwise required by law.
16. Compljance with Laws, Ryles. Regulations. Consultant's signature affixed herein, and dated, shall constitute a certification under penalty of perjury under the laws of the State of California that Consultant has, unless exempt, complied with, the nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Administrative Code, Section 8103.
16.1 During the performance of this Contract, Consultant and its subconsultants shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. Consultant and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Consultant and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and the 5applicable regulations promulgated there under (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Contract by reference and made a part hereof as if set forth in full. Consultant and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.
16.2 The Consultant shall comply with regulations relative to Title VI (nondiscrimination in federally-assisted programs of the Department of Transportation - Title 49 Code of Federal Regulations, Part 21 - Effectuation of Title VI of the 1964 Civil Rights Act). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the state of California shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.
16.3 The Consultant, with regard to the work performed by it during the Agreement shall act in accordance with Title VI. Specifically, the Consultant shall not discriminate on the basis of race, color, national origin, religion, sex, age, or disability in the selection and retention of Subconsultants, including procurement of materials and leases of equipment.
The Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the U.S. DOT's Regulations, including employment practices when the Agreement covers a program whose goal is employment.
16.4 Consultant shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety City of Los Banos Request for Qualifications
On-Call Landscape Architecture, Landscape Plan Check and Landscape Inspection Services Page24of26 103
in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement.
16.5 Consultant is aware of the requirements of California Labor Code section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are subject to the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws.
17. Debarment and Suspension Certification. Consultant's signature affixed herein, shall constitute a certification under penalty of perjury under the laws of the State of California, that Consultant has complied with Title 2 CFR, Part 180, "OMS Guidelines to Agencies on Government wide Debarment and Suspension (nonprocurement)", which certifies that he/she or any person associated therewith in the capacity of owner, partner, director, officer, or Administrator, is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and has not been indicated, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. Any exceptions to this certification must be disclosed to the City.
Exceptions will not necessarily result in denial of recommendations for award, but will be considered in determining Consultant responsibility. Disclosures must indicate to whom exceptions apply, initiating agency, and dates of action.
Exceptions to the Federal Government Excluded Parties List System maintained by the General Services Administration are to be determined by the Federal Highway Administration.
18. lntegration; Amendment, This Agreement represents the entire understanding of City and Consultant as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered in it. This Agreement may not be modified or altered except by amendment in writing sign by both parties.
19. Seyerabjijty, If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of the Agreement shall continue to be in full force and effect.
20. WajyerNaljdjty, Consultant agrees that waiver by City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver of any other condition of performance under this Agreement. The acceptance by the City of the performance of any work or services by Contractor shall not be deemed to be a waiver of any term or condition of this Agreement.
21. Jyrjsdjctjon, City and Consultant agree that the law governing this Agreement shall be that of the State of California. Any suit brought by either party against the other arising out of the performance of this Agreement shall be filed and maintained in the County of Merced.
City of Los Banos Request for Qualifications
On-Call Landscape Architecture, Landscape Plan Check and Landscape Inspection Services Pa9e2Sof26 104
22. Notjce. Any notices required to be given pursuant to this Agreement shall be deemed to have been given by their deposit, postage prepaid, in the United States Postal Service, addressed to the parties as follows:
To City:
Nirorn Than, P.E.
Public Works Director/City Engineer
411 Madison Avenue
Los Banos, California 93635
To Consultant:
NAME
TITLE
ADDRESS
ADDRESS
23. Termjnatjon, The City may, in its sole discretion, terminate this Agreement at any time and for any reason whatsoever by giving written notice of such termination to Consultant. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. In the event of such termination, Consultant shall be entitled to compensation for all services rendered and work performed for City to the date of such termination.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates set forth below.
Date:
Date:
ATTEST:
CITY CLERK
Lucille L. Mallonee
City Clerk
City of Los Banos Request for Qualifications
[CONSUL TANT NAME]
by: [CONSULTANT CONTACT]
[TITLE]
CITY OF LOS BANOS,
a California Municipal Corporation
by: Josh Pinheiro
City Administrator
APPROVED AS TO FORM:
William A. Vaughn
City Attorney
On-Call Landscape Architecture, Landscape Plan Check and Landscape Inspection Services Pa9e26 of26 105
THIS PAGE IS INTENTIONALLY LEFT BLANK
106
LOsBanos
At tlte Cros -•ocul~ _ :alijonua
Agenda Staff Report
TO: Mayor & City Council Members
FROM: Soknirorn Than, P.E., Public Works Director/City Engineer ~ / L DATE: August17,2022 ~
TYPE OF REPORT: Consent Agenda
SUBJECT: Measure V Local Funding Agreement between Merced County Association of Governments and the City of Los Banos
Recommendation:
That the City Council adopt the Resolution to enter into the Measure V Local Funding Agreement between Merced County Association of Governments and the City of Los Banos for the administration of the local project funding from the one-half cent transaction and use tax known as Measure V. This Resolution authorizes the Interim City Manager to execute said agreement.
Background:
On November 6, 2016, the voters of Merced County approved Measure V. Measure V established a one-half cent transaction and use tax for transportation purposes.
Measure V has a 30-year duration, from April 1, 2017 to March 31, 2047.
These tax proceeds are to be used to pay for programs and projects as outlined in the Measure V Expenditure Plan ½ Cent Transportation Sales Tax Measure Expenditure Plan for Merced County.
This Agreement delineates the requirements of the local project funding that are directly allocated to local jurisdictions by Merced County Association of Governments (MCAG).
Discussion:
The current Measure V Recipient Funding Agreements expired on June 30, 2022.
MCAG drafted an updated agreement that reflects the same components related to measure implementation such as reporting requirements and signage. In summary, some of the agreement components are:
• The agreement does address reporting tools/procedures. The agreement requires the use of the MCAG designated reporting tool and adherence to a ITEM 7H
107
quarterly reporting schedule that aligns with the review of expenditures by the Measure V Citizens Oversight Committee.
• The agreement requires recipients to be current on their quarterly expenditure reporting, otherwise local project fund allocations may be held until reporting requirements are met.
• The agreement indicates that recipients agree to promote all projects funded by more than $50,000 through Measure V with branded signage, and agree to provide MCAG with two (2) photographs of the project to be used for public information purposes such as the website and the Annual Report. • The agreement requests information on Measure V projects be used on the Measure Vwebsite as a means to keep the public informed. • The agreement proposes a five-year term, expiring June 30, 2027.
The City Attorney reviewed the previous agreement and his comments were incorporated into the agreement. The new agreement is consistent with the previous one.
Fiscal Impact:
By executing this agreement, the process and mechanism to distribute Measure V local project funding for the next five years is established. The local Measure V fund will be used to sign and build street infrastructure projects as approved by Council during the budg ,approval process.
00 ~oYY\M -feti &Liu ~t.h n
Brent Kuhn, Interim Finance Director
Attachments:
Resolution
Measure V Local Funding Agreement
Previous Measure V Recipient Funding Agreement
108
RESOLUTION NO. __
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS AUTHORIZING THE
INTERIM CITY MANAGER TO EXECUTE A
MEASURE V LOCAL FUNDING AGREEMENT
WITH MERCED COUNTY ASSOCIATION OF
GOVERNMENTS FOR THE ADMINISTRATION OF
THE LOCAL PROJECTS FUNDING FROM
MEASUREV
WHEREAS, on November 6, 2017, the voters of Merced County approved Measure V, a one-half cent transaction and use tax; and WHEREAS, the current Measure V Recipient Funding Agreement expired on June 30, 2022; and
WHEREAS, City of Los Banos staff had provided comments and revisions to the existing agreement, and the new agreement conforms to the existing one; and WHEREAS, a Measure V Local Funding Agreement needs to be approved and executed by MCAG and each jurisdiction in order to administer the local project funding.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby authorize the Interim City Manager to execute a Measure V Local Funding Agreement with Merced County Association of Governments (MCAG) for the purpose of the administration of the local projects funding from the one-half cent transaction and use tax known as Measure V.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 17th day of August 2022, 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:
Manual Thomas Faria Ill, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
109
THIS PAGE IS INTENTIONALLY LEFT BLANK
110
DocuSign Envelope ID: 3E568F3B-715F-4BE2-94D5-1CDD837FEFA1 Measure V Los Banos Local Funding Agreement No. 20200305MF
MEASURE V LOCAL FUNDING AGR'EEMENT
between
MERCED ~OUNTY ASSOCIATION OF GOVERNMENTS
and the
CITY OF LOS BANOS
This Measure V Local Funding Agreement {"AGREEMENT"), effective the 1st day of July 2020, is entered into by and between Merced County Association of Governments, a joint powers authority pursuant to California Government Code Section 6500 et seq. (MCAG), and the City of Los Banos, a municipal corporation ("RECIPIENT").
RECITALS
A. On November 8, 2016, the voters of Merced County, pursuant to the provisions of the Local Transportation Authority and Improvement Act; California Public Utilities Code Section 180000 et seq. ("Act"), approved Measure V, thereby authorizing MCAG to administer the proceeds from the one-half cent transaction and use tax ("Measure V'').
B. The duration of the Measure V transportation sales tax will be 30 years from the initial year of collection, which began April 1, 2017, with said tax to terminate/expire on March 31, 2047. The tax proceeds will be used to pay for the programs and projects outlined in Merced County's 2016 - ½ Cent Transportation Sales Tax Measure Expenditure Plan ("Expenditure Plan")., as it may be amended in accordance with State law.
C. This AGREEMENT delineates the requirements of the Local Projects funds that are directly allocated to local Juri$didions, as. authotized by the Expenditure Plan.
NOW, THEREFORE, it is mutually agreed by and between the parties as follows:
ARTICLE 1 ... LOCAt PROJECTS FUNDING ALLOCATIONS
This AGREEMENT authorizes MCAG to allocate the Local Projects funds derived from Measure V receipts in accordance with the voter-approved Expenditure Plan as follows:
• Each jurisdktion (each City and the County) shall be allocated an annual base amount of $150,000 from the Local Projects funds. The total amount ofthis base amount will be subtracted from the 50% Local Projects funds before the remainder is allocated. 1 I
I
I
111
DocuSign Envelope ID: 3E568F3B-715F-4BE2-94D5-1CDD837FEFA1 Measure V Los Banos Local Funding Agreement No. 2020030SMF • The remaining Local Projects fund~ after the base amount allocation shall be allocated in accordance with the Expenditure Plan based on the average of the jurisdiction's share of the total countywide population and its share of the total countywide publicly maintained road miles. For example, if a jurisdiction has 35% of the population and 75% of the road miles it will be allocated 55% of the funds remaining after the base amounts are allocated. • 20% ofeach jurisdktion's total allocation of Local Projects funds shall be used for Alternative Modes projects as outlined in the Expenditure Plan.
A. LOCAL PROJECTS
l. Fifty percent (50%) of the Measure V funds collected shall be allocated to Local Projects. The individual local ele~ed city councils and the Merced County Board of Supervisors are the decision-making bodies for the use Of their respective allocations of the Local Projects funds within their respective Jurisdictions. Each City and the County of Merced shall receive their Local Projects funding allocation as described above consistent with the Expenditure Plan.
The goal oft.he Local Projects funds is to improve the local transportation systems within each individual city and the county of Merced overall. At least twenty percent (20%) of the Local Projects funds each jurisdiction receives shall be used for Alternative Modes projects (see section B).
2. MCAG shall distribute the Local Projects funds pursuant to the formula described above and consistent with the Expenditure P.lan. RECIPIENT allocations are subject to change based on variations of annual population figures and percent of road miles pursuant to Articl.e II Paragraph A(2) herein.
3. The Expenditure Plan provides basic fund usage guidelines for RECIPIENT use of the Local Project funds received from the Measure V sales tax. Said guidelines are hereby incorporated into this AGREEMENT by reference.
4. RECIPIENT shall use the reporting tools designated by MCAG to maintain and provide a separate accounting ofthe Local Projects funds received and any and all expenditures from said funds to ensure that the funds are spent in accordance with the approved Expenditure Plan.
5. RECIPIENT may choose to advance funds for a project, either a project specified in the plan or a project for which they plan to use their Local Projects funds, and to receive reimbursement for that advancement in accordance with the plan. The fund advancement 2 112
DocuSign Envelope ID: 3E568F3B-715F-4BE2-94D5-1CDD837FEFA1 Measure V Los B.anos Local Funding Agreement No. 20200305MF and reimbursement projections must be approved by a majority vote of the MCAG Governing Board per its. Bylaws prior to the jurisdiction proceeding with the project.
RECIPIENT may also accumulate funds from their Local Projects allocations over several years to fund higher-cost projects.
6. RECIPIENT shall provide a report to the Citizens Oversight Committee within 60 days of the fiscal year end delineating the Local Projects funds received and how they were spent. In addition, RECIPIENT shall provide documentation as to whether or not the Maintenance of Effort as described in Article II, Paragraph 8(4) below, was met.
8. ALTERNATIVE MODES PROJECTS
1. At least twenty percent (20%) of the Local Projects funds received by RECIPIENT shall be used for Alternative Modes projects as required in the Expenditure Plan. RECIPIENT may use more than the twenty percent (20%) minimum but not less. The goal of this sub-category of projects is to provide safe alternatives to automobile travel, increase use ofalternative modes, and improve air quality and the environment. RECIPIENT may also accumulate funds from their Local Projects allocations over several years to fund higher-cost Alternative Modes projects.
2. This sub-category may be used for projects and programs that provide alternatives to singleoccupant vehicle use, increase use of alternative modes, and improve air quality and the environment, inch,:,ding but not limited to the following:
• Sidewalks, crosswalks, safe routes to schools, ADA curb ramps and other pedestrian projects
• Bicycle projects
• Passenger rail
• Railroad crossing safety improvements
• Vanpools, carpools or other ridesharing programs or incentives • Roundabouts or other air quality improvements
• Other alternative modes
3 113
DocuSign Envelope ID: 3E568F3B-715F-4BE2-94D5-1CDD837FEFA1 Measure V Los Banos Local Funding Agreement No. 20200305MF ARTICLE II: PAYMENTS AND EXPENDITURES
A, MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG)
1. Within 5 business days of actual receipt of the Measure V sales tax revenues from the State Board of Equalization ("BOE"), MCAG shall pay to the RECIPIENT its allocated amount of available Local Projects funds provided that the RECIPIENT Is current on expenditure reporting requirements as outlined in Article H, Paragraph B(3). With the payment, MCAG shall provide the RECIPIENT with an itemized breakdown of how the allocation payment was calculated. In the event of non~compliance, MCAG maintains the authority to hold Local Project fund allocations until reporting requirements are met.
2. MCAG shall annually update the Measure V revenue projections and the resulting fund allocation formulas to reflect the most current population using the California Department of Finance's annual population estimate.s (Report E-1 published annually in May) and the Maintained Miles by jurisdiction as published in the most current California Public Road Data. MCAG staall use the updated local Projects allocation formulas in the allocations beginning July 1 of each new fiscal year, which is from July 1 to June 30. MCAG shall provide the RECIPIENT prompt notice of any update to the allocation formulas and MCAG's application of the upc1ated formula to the RECIPIENT's allocc1tion.
3. MCAG shall include Measure V Local Projects funds distributed to each RECIPIENT in a qµarterly report to the Board of Directors •.
4. MCAG shiill provide for an independent annual audit of its financial statements including revenues and expenditures and of its calculation of the allocation formula for distributing Measure V revenues to RECIPIENT and the otherjurisdictions,
5. MCAG shall provide re~sonable notice to RECIPIENT prior to conducting an audit of Local Projects funds received by RECIPIENT to determine wheth.er the RECIPIENT's use Of said funds is in compliance with this AGREEMENT and the Expenditure Plan.
B. RECIPIENT'S DUTIES AND OBLIGATIONS
1. RECIPIENT shall use all local Projects fonds received in compliance with the applicable guidelines and plan(s), as they may be adopted or c1mended by the Board of Directors for MCAG in accordance with applicable law.
2. RECIPIENT shall use and maintain the designated reporting tools to report on funds received and expended. RECIPIENT must c1ccount for local Projects funds, including any interest 4 I
114
DocuSign Envelope ID: 3E568F38-715F-4BE2-94D5-1CDD837FEFA1 Measure V Los Banos Local Funding Agreement No, 2020030SMF received or accrued, separately for each fund type. The accounting system shall provide adequate internal controls and audit trails to facilitate an annual compliance audit for each fund type and the respective usage and application of said funds. MCAG and its representatives and agents shall have the absolute right at any reasonable time to inspect and copy any accounting records related to such funds, except to the extent specifically prohibited by application law.
3. RECIPIENT will use the designated reporting tools to provide MCAG with the required information related to Local Projects funds expenditures according to the following schedule:
Reporting Period
July l to September 30
October 1 to December 31
January 1 to. March 31
April 1 to June 30
Due Date
October 3.1
January 31 of following calendar year
April 30
August 31 (60 days are provided for
the 4th quarter of each fiscal year)
4. RECIPIENT hereby agrees to the Maintenance of Effort. The enabling legislation in Public Utilities Code Section 180001(e) provides:
It is the intent of the Legi$lature thptfunds generated pursuant to this division be used to supplement and not replace existing local revenues used for transportation purposes.
If RECIPIENT receives revenues for Local Projects, it shall annually maintain, as a minimum, the same level of local fully discretionary general fund revenues that were expended on average for fiscal years 2013/14, 2014/15, and 2015/16, for transportation purposes.
Dedicated funds for transportation such as gas tax revenues are not counted as general fund revenues. Transfers into the general fund will not be counted as general fund revenues.
Grant awards c1nd general fund revenues used as matching funds for grant awards will not be counted as general fund revenues.
5. RECIPIENT hereby agrees to and accepts the formulas used in the allocation of Measure V, as reflected in the Expenditure Plan, and agrees to a.ccept and use the California Department of Finance Estimates of Population figures (Report E-1, updated annual in May) 5 115
DocuSign Envelope ID: 3E568F3B-715F-4BE2-94D5-1CDD837FEFA1 Measure V Los Banos Local Funding Agreement No. 2020030SMF for California cities and counties and the maintained miles by jurisdiction as published in the most current California Public Road Data for the annual update of the salestax allocation formulas to begin in each new fiscal year.
C. OTHER CONSIDERATIONS
1. Transportation Purposes Only: RECIPIENT shall use all Local Projects funds solely for transportation purposes as defined by the Expenditure Plan. Any jurisdiction that violates this provision, as determined by the MCAG Board, must fully reimburse all misspent funds, including all interest which would have been earned thereon. The interest rate shall not exceed the maximum allowed by law.
2. Staff Cost Limitations: Direct costs associated with the delivery of programs and projects associated with Local Projects funds, including direct staff costs and consultant costs, are eligible uses of said funds. Indirect costs, including, but not limited to, overhead costs such as rent, utilities, and human resources staff; are not allowed.
3. Fund Exchange: Each local jurisdiction shall have the authority to loan Local Projects funds allocated to them to other local jurisdictions for the implementation ofneeded transportation projects.
4. ~: All projects funded with Local Projects funds shall comply with the California Environmental Quality Act (CEQA) and other environmental reviews as required.
5. Promotio.n: At a minimum, RECIPIENT agrees .to promote all projects funded by more than $50,000 through Measure V with branded signage and is encouraged to use additional means such as news releases, social media, events, or any other tools to communicate to the public that the project was funded by Measure V. For this same category of projects, RECIPIENT also agrees to provide MCAG with at least two (2) photographs of the project, either 1) in progress or 2) before and after completion or some combination thereof.
ARTICLE Ill: REPORTING REQUIREMENTS
A. REQUIREMENTS AND WITHHOLDING
RECIPIENT shall comply with each of the reporting requirements set forth below. If RECIPIENT fails to comply with one or more of these requirements, MCAG may withhold payment of further Local Projects funds to RECIPIENT until full compliance is achieved. 6 116
DocuSign Envelope ID: 3E568F3B-715F-4BE2-94D5-1 CDD837FEFA1 Measure V Los Banos Local Funding Agreement NQ. 20200305MF
1. RECIPIENT shall, by December 31st of each year, submit to MCAG at the RECIPIENT's expense, separate independently audited financial statements for the prior fiscal year of local Projects funds received and used.
2. RECIPIENT shall provide current and accurate information on RECIPIENT's website (if applicable) and to MCAG for the Measure V website, to inform the public about how RECIPIENT is using local Projects funds.
3. RECIPIENT shall, at least annually, publish an article highlighting a project or program funded by Local Projects funds, or provide information to MCAG's Public Information Officer regarding such project or program for publication.
4. RECIPIENT shall make its administrative officer or designated staff available upon request to render a report or answer any and all inquiries in regard to RECIPIENT's receipt, usage, and/or compliance with audit findings regarding local Projects funds before the Citizens oversight Committee.
5. RECIPIENT agrees that MCAG may review and/or evaluate all projects or programs funded pursuant to this AGREEMENT. This may include visits by representatives, agents or nominees of MCAG to observe RECIPIENT'S project or program operations, to review project or program data and financial records, and to discuss the project with RECIPIENT's staff or governing body.
ARTICLE IV: OTHER PROVISIONS
A. INDEMNITY BY RECIPIENT
Neither MCAG nor its governing body, elected officials, officers, consultants, agents or employees shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by RECIPIENT rn connection with the Local Projects funds distributed to RECIPIENT pursuant to this AGREEMENT. It is also understood and agreed, pursuant to Government Code Section 895.4, that RECIPIENT shall fully defend, indemnify and hold harmless MCAG, its governing body, elected officials, officers, agents and employees from any liability imposed on MCAG for injury (as defined in Government Code Section s10:s) occurring by reason of anything done or omitted to be done by RECIPIENT in connection with the Local Projects funds distributed to RECIPIENT pursuant to this AGREEMENT. 7 I
117
DocuSign Envelope ID: 3E568F38-715F-4BE2-94D5-1 CDD837FEFA 1 Measure V Los Banos Local Funding Agreement No. 20200305MF B. INDEMNITY BY MCAG
Neither R:ECIPIENT nor its governing body, elected officials, officers, consultants, agents or employees shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by MCAG under or in connection with any work, authority or jurisdiction delegated to MCAG under this AGREEMENT. It is also understood and agreed, pursuant to Government Code Section 895.4, that MCAG shall fully defend, indemnify and hold harmless RECIPIENT, its governing body, elected officials, officers, agents and employees from any liability imposed on RECIPIENT for injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by MCAG under or in connection with any work, authority or jurisdiction delegated to MCAG under this AGREEMENT C. JURISDICTION AND VENUE
The laws of the State of California will govern the validity of this AGREEMENT, its interpretation and performance, and any other claims to which it relates. All legal actions arising out of this AGREEMENT shall be brought in a court of competent jurisdiction in Merced County, California.
D. ATTORNEY'S FEES
Should it become necessary to enforce the terms of this AGREEMENT, the prevailing party shall be entitled to recover reasonable expenses and attorney's fees from the other party.
E. TERM
The term of this AGREEMENT shall be from July 1, 2020 to June 30, 2022, unless amended in writing or a new Measure V Local Funding Agreement is executed between MCAG and RECIPIENT.
F. SEVERABILITY
If any provision of this AGREEMENT is found by a court of competent jurisdiction or, if applicable, an arbitrator, to be unenforceable, such provision shall not affect the other provisions of the AGREEMENT, but such unenforceable provisions shall be deemed modified to the extent necessary to render it enforceable, preserving to the fullest extent permissible the intent of the parties set forth in this AGREEMENT.
8 I
I
I
118
DocuSign Envelope ID: 3E568F3B-715F-48E2-94D5-1CDD837FEFA1 Measure V Los Banos Local Funding Agreement No. 20200305MF G. ENTIRE AGREEMENT; MODIFICATION
This AGREEMENT, as well as the referenced Expenditure Plan, constitutes the entire AGREEMENT and supersedes all prior written or oral understandings regarding Local Projects funds. This AGREEMENT may only be modified by a written agreement executed by both parties.
IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly authorized officers as of the date first written below.
CITY OF LOS BANOS (RECIPIENT)
By,4J{2 S]z-z/z;:;
Alex Terrazas
City Manager
Approved as to Legal Form:
By: /_ ~
.....::;a.---~~~- -~-~
City Attorney
Date
Date
9 MERCED COUNTY AssoaATION OF GOVERNMENlS
(MCAG)
Stacie Guzman
Executive Director
8/18/2020
Date
Reviewed as to Budget/Financial Controls:
By, fi/~
NavBai
Finance Director
Approved as to Legal Form:
By: ~t~ ~A-~
Emily Haden
Legal Counsel to MCAG
Date
8/18/2020
Date
119
Measure V Los Banos Local Funding Agreement No. 2022704LB
MEASURE V LOCAL FUNDING AGREEMENT
between
MERCED COUNTY ASSOCIATION OF GOVERNMENTS
and the
JURISDICTION NAME
This Measure V Local Funding Agreement ("AGREEMENT"), effective the 1st day of July 2022, is entered into by and between Merced County Association of Governments, a joint powers authority pursuant to California Government Code Section 6500 et seq. (MCAG), and the JURISDICTION NAME ("RECIPIENT").
RECITALS
A. On November 8, 2016, the voters of Merced County, pursuant to the provisions of the Local Transportation Authority and Improvement Act, California Public Utilities Code Section 180000 et seq. ("Act"), approved Measure V, thereby authorizing MCAG to administer the proceeds from the one-half cent transaction and use tax ("Measure V").
B. The duration of the Measure V transportation sales tax will be 30 years from the initial year of collection, which began April 1, 2017, with said tax to terminate/expire on March 31, 2047. The tax proceeds will be used to pay for the programs and projects outlined in the Measure V Expenditure Plan - ½ Cent Transportation Sales Tax Measure Expenditure Plan for Merced County ("Expenditure Plan"), as amended in accordance with State law.
C. This AGREEMENT delineates the requirements of the Local Projects funds that are directly allocated to local jurisdictions, as authorized by the Expenditure Plan.
NOW, THEREFORE, it is mutually agreed by and between the parties as follows:
ARTICLE I - LOCAL PROJECTS FUNDING ALLOCATIONS
This AGREEMENT authorizes MCAG to allocate the Local Projects funds derived from Measure V receipts in accordance with the voter-approved Expenditure Plan as follows:
• Each jurisdiction (each City and the County) shall be allocated an annual base amount of $150,000 from the Local Projects funds. The total amount of this base amount will be subtracted from the 50% Local Projects funds before the remainder is allocated. 1 120
Measure V Los Banos Local Funding Agreement No. 2022704LB • The remaining Local Projects funds after the base amount allocation shall be allocated in accordance with the Expenditure Plan based on the average of the jurisdiction's share of the total countywide population and its share of the total countywide publicly maintained road miles. For example, if a jurisdiction has 35% of the population and 75% of the road miles, it will be allocated 55% of the funds remaining after the base amounts are allocated. • 20% of each jurisdiction's total allocation of Local Projects funds shall be used for Alternative Modes projects as outlined in the Expenditure Plan.
A. LOCAL PROJECTS
1. Fifty percent (50%} of the Measure V funds collected shall be allocated to Local Projects. The individual local elected city councils and the Merced County Board of Supervisors are the decision-making bodies for the use of their respective allocations of the Local Projects funds within their respective jurisdictions. Each city and the County of Merced shall receive their Local Projects funding allocation as described above consistent with the Expenditure Plan.
The goal of the Local Projects funds is to improve the local transportation systems within each individual city and the County of Merced overall. At least twenty percent (20%) of the Local Projects funds each jurisdiction receives shall be used for Alternative Modes projects (see section B).
2. MCAG shall distribute the Local Projects funds pursuant to the formula described above and consistent with the Expenditure Plan. RECIPIENT allocations are subject to change based on variations of annual population figures and percent of road miles pursuant to Article II Paragraph A(2} herein.
3. The Expenditure Plan provides basic fund usage guidelines for RECIPIENT use of the Local Project funds received from the Measure V sales tax. Said guidelines are hereby incorporated into this AGREEMENT by reference.
4. RECIPIENT shall use the reporting tools designated by MCAG to maintain and provide a separate accounting of the Local Projects funds received and any and all expenditures from said funds to ensure that the funds are spent in accordance with the approved Expenditure Plan.
5. RECIPIENT may choose to advance funds for a project, either a project specified in the plan or a project for which they plan to use their Local Projects funds, and to receive reimbursement for that advancement in accordance with the plan. The fund advancement 2 121
Measure V Los Banos Local Funding Agreement No. 2022704LB and reimbursement projections must be approved by a majority vote of the MCAG Governing Board per its Bylaws prior to the jurisdiction proceeding with the project.
RECIPIENT may also accumulate funds from their Local Projects allocations over several years to fund higher-cost projects.
6. RECIPIENT shall provide a report to the Citizens Oversight Committee within 60 days of the fiscal year end delineating the Local Projects funds received and how they were spent. In addition, RECIPIENT shall provide documentation as to whether or not the Maintenance of Effort as described in Article 11, Paragraph B(4} below, was met.
8. ALTERNATIVE MODES PROJECTS
1. At least twenty percent (20%) of the Local Projects funds received by RECIPIENT shall be used for Alternative Modes projects as required in the Expenditure Plan. RECIPIENT may use more than the twenty percent (20%) minimum but not less. The goal of this sub-category of projects is to provide safe alternatives to automobile travel, increase use of alternative modes, and improve air quality and the environment. RECIPIENT may also accumulate funds from their Local Projects allocations over several years to fund higher-cost Alternative Modes projects.
2. This sub-category may be used for projects and programs that provide alternatives to singleoccupant vehicle use, increase use of alternative modes, and improve air quality and the environment, including but not limited to the following:
• Sidewalks, crosswalks, safe routes to schools, ADA curb ramps and other pedestrian projects
• Bicycle projects
• Passenger rail
• Railroad crossing safety improvements
• Vanpools, carpools or other ridesharing programs or incentives • Roundabouts or other air quality improvements
• Other alternative modes
3 122
Measure V Los Banos Local Funding Agreement No. 2022704LB ARTICLE II: PAYMENTS AND EXPENDITURES
A. MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG)
1. Within 5 business days of actual receipt of the Measure V sales tax revenues from the State Board of Equalization ("BOE"), MCAG shall pay to the RECIPIENT its allocated amount of available Local Projects funds provided that the RECIPIENT is current on expenditure reporting requirements as outlined in Article II, Paragraph 8(3). With the payment, MCAG shall provide the RECIPIENT with an itemized breakdown of how the allocation payment was calculated. In the event of non-compliance, MCAG maintains the authority to hold Local Project fund allocations until reporting requirements are met.
2. MCAG shall annually update the Measure V revenue projections and the resulting fund allocation formulas to reflect the most current population using the California Department of Finance's annual population estimates (Report E-1 published annually in May) and the Maintained Miles by jurisdiction as published in the most current California Public Road Data. MCAG shall use the updated Local Projects allocation formulas in the allocations beginning July 1 of each new fiscal year, which is from July 1 to June 30. MCAG shall provide the RECIPIENT prompt notice of any update to the allocation formulas and MCAG's application of the updated formula to the RECIPIENT's allocation.
3. MCAG shall include Measure V Local Projects funds distributed to each RECIPIENT in a quarterly report to the Board of Directors.
4. MCAG shall provide for an independent annual audit of its financial statements including revenues and expenditures and of its calculation of the allocation formula for distributing Measure V revenues to RECIPIENT and the other jurisdictions.
5. MCAG shall provide reasonable notice to RECIPIENT prior to conducting an audit of Local Projects funds received by RECIPIENT to determine whether the RECIPIENT's use of said funds is in compliance with this AGREEMENT and the Expenditure Plan.
B. RECIPIENT'S DUTIES AND OBLIGATIONS
1. RECIPIENT shall use all Local Projects funds received in compliance with the applicable guidelines and plan(s), as they may be adopted or amended by the Board of Directors for MCAG in accordance with applicable law.
2. RECIPIENT shall use and maintain the designated reporting tools to report on funds received and expended. RECIPIENT must account for Local Projects funds, including any interest 4 123
Measure V Los Banos Local Funding Agreement No. 2022704LB received or accrued, separately for each fund type. The accounting system shall provide adequate internal controls and audit trails to facilitate an annual compliance audit for each fund type and the respective usage and application of said funds. MCAG and its representatives and agents shall have the absolute right at any reasonable time to inspect and copy any accounting records related to such funds, except to the extent specifically prohibited by application law.
3. RECIPIENT will use the designated reporting tools to provide MCAG with the required information related to Local Projects funds expenditures according to the following schedule:
Reporting Period
July 1 to September 30
October 1 to December 31
January 1 to March 31
April 1 to June 30
Due Date
October 31
January 31 of following calendar year
April 30
August 30 (60 days are provided for
The 4th quarter of each fiscal year)
4. RECIPIENT hereby agrees to the Maintenance of Effort. The enabling legislation in Public Utilities Code Section 180001(e) provides:
It is the intent of the Legislature that funds generated pursuant to this division be used to supplement and not replace existing local revenues used for transportation purposes.
If RECIPIENT receives revenues for Local Projects, it shall annually maintain, as a minimum, the same level of local fully discretionary general fund revenues that were expended on average for fiscal years 2016/17, 2017 /18, and 2018/19, for transportation purposes.
Dedicated funds for transportation such as gas tax revenues are not counted as general fund revenues. Transfers into the general fund will not be counted as general fund revenues.
Grant awards and general fund revenues used as matching funds for grant awards will not be counted as general fund revenues.
5. RECIPIENT hereby agrees to and accepts the formulas used in the allocation of Measure V, as reflected in the Expenditure Plan, and agrees to accept and use the California Department of Finance Estimates of Population figures (Report E-1, updated annual in May) 5 124
Measure V Los Banos Local Funding Agreement No. 2022704LB for California cities and counties and the maintained miles by jurisdiction as published in the most current California Public Road Data for the annual update of the sales tax allocation formulas to begin in each new fiscal year.
C. OTHER CONSIDERATIONS
1. Transportation Purposes Only: RECIPIENT shall use all Local Projects funds solely for transportation purposes as defined by the Expenditure Plan. Any jurisdiction that violates this provision, as determined by the MCAG Board, must fully reimburse all misspent funds, including all interest which would have been earned thereon. The interest rate shall not exceed the maximum allowed by law.
2. Staff Cost Limitations: Direct costs associated with the delivery of programs and projects associated with Local Projects funds, including direct staff costs and consultant costs, are eligible uses of said funds. Indirect costs, including, but not limited to, overhead costs such as rent, utilities, and human resources staff, are not allowed.
3. Fund Exchange: Each local jurisdiction shall have the authority to loan Local Projects funds allocated to them to other local jurisdictions for the implementation of needed transportation projects.
4. g_QA: All projects funded with Local Projects funds shall comply with the California Environmental Quality Act (CEQA) and other environmental reviews as required.
5. Promotion: At a minimum, RECIPIENT agrees to promote all projects funded by more than $50,000 through Measure V with branded signage and is encouraged to use additional means such as news releases, social media, events, or any other tools to communicate to the public that the project was funded by Measure V. For this same category of projects, RECIPIENT also agrees to provide MCAG with at least two (2) photographs of the project, either 1) in progress or 2) before and after completion or some combination thereof.
ARTICLE Ill: REPORTING REQUIREMENTS
A. REQUIREMENTS AND WITHHOLDING
RECIPIENT shall comply with each of the reporting requirements set forth below. If RECIPIENT fails to comply with one or more of these requirements, MCAG may withhold payment of further Local Projects funds to RECIPIENT until full compliance is achieved. 6 125
Measure V Los Banos Local Funding Agreement No. 2022704LB
1. RECIPIENT shall, by December 31st of each year, submit to MCAG at the RECIPIENT's expense, separate independently audited financial statements for the prior fiscal year of Local Projects funds received and used.
2. RECIPIENT shall provide current and accurate information on RECIPIENT's website (if applicable) and to MCAG for the Measure V website, to inform the public about how RECIPIENT is using Local Projects funds.
3. RECIPIENT shall, at least annually, publish an article highlighting a project or program funded by Local Projects funds, or provide information to MCAG's Public Information Officer regarding such project or program for publication.
4. RECIPIENT shall make its administrative officer or designated staff available upon request to render a report or answer any and all inquiries in regard to RECIPIENT's receipt, usage, and/or compliance with audit findings regarding Local Projects funds before the Citizens Oversight Committee.
5. RECIPIENT agrees that MCAG may review and/or evaluate all projects or programs funded pursuant to this AGREEMENT. This may include visits by representatives, agents or nominees of MCAG to observe RECIPIENT's project or program operations, to review project or program data and financial records, and to discuss the project with RECIPIENT's staff or governing body.
ARTICLE IV: OTHER PROVISIONS
A. INDEMNITY BY RECIPIENT
Neither MCAG nor its governing body, elected officials, officers, consultants, agents or employees shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by RECIPIENT in connection with the Local Projects funds distributed to RECIPIENT pursuant to this AGREEMENT. It is also understood and agreed, pursuant to Government Code Section 895.4, that RECIPIENT shall fully defend, indemnify and hold harmless MCAG, its governing body, elected officials, officers, agents and employees from any liability imposed on MCAG for injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by RECIPIENT in connection with the Local Projects funds distributed to RECIPIENT pursuant to this AGREEMENT. 7 126
Measure V Los Banos Local Funding Agreement No. 2022704LB B. INDEMNITY BY MCAG
Neither RECIPIENT nor its governing body, elected officials, officers, consultants, agents or employees shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by MCAG under or in connection with any work, authority or jurisdiction delegated to MCAG under this AGREEMENT. It is also understood and agreed, pursuant to Government Code Section 895.4, that MCAG shall fully defend, indemnify and hold harmless RECIPIENT, its governing body, elected officials, officers, agents and employees from any liability imposed on RECIPIENT for injury (as defined in Government Code Section 810.8} occurring by reason of anything done or omitted to be done by MCAG under or in connection with any work, authority or jurisdiction delegated to MCAG under this AGREEMENT C. JURISDICTION ANO VENUE
The laws of the State of California will govern the validity of this AGREEMENT, its interpretation and performance, and any other claims to which it relates. All legal actions arising out of this AGREEMENT shall be brought in a court of competent jurisdiction in Merced County, California.
D. ATTORNEY'S FEES
Should it become necessary to enforce the terms of this AGREEMENT, the prevailing party shall be entitled to recover reasonable expenses and attorney's fees from the other party.
E. TERM
The term of this AGREEMENT shall be from July 1, 2022 to June 30, 2027, unless amended in writing or a new Measure V Local Funding Agreement is executed between MCAG and RECIPIENT.
F. SEVERABILITY
If any provision of this AGREEMENT is found by a court of competent jurisdiction or, if applicable, an arbitrator, to be unenforceable, such provision shall not affect the other provisions of the AGREEMENT, but such unenforceable provisions shall be deemed modified to the extent necessary to render it enforceable, preserving to the fullest extent permissible the intent of the parties set forth in this AGREEMENT.
8 127
Measure V Los Banos Local Funding Agreement No. 2022704LB G. ENTIRE AGREEMENT; MODIFICATION
This AGREEMENT, as well as the referenced Expenditure Plan, constitutes the entire AGREEMENT and supersedes all prior written or oral understandings regarding Local Projects funds. This AGREEMENT may only be modified by a written agreement executed by both parties.
IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly authorized officers as of the date first written below.
JURISDICTION NAME (RECIPIENT}
By:
Greg Wellman
Interim City Manager
Approved as to Legal Form:
Jurisdiction Legal
By:
William A. Vaughn
City Attorney
Date
Date
9 MERCED COUNTY AssOCIATION OF GOVERNMENTS
(MCAG)
By:
Stacie Guzman
Executive Director
Date
Reviewed as to Budget/Financial Controls:
By:
Nav Bagri Date
Deputy Executive Director
Approved as to Legal Form:
By:
Emily Haden Date
Legal Counsel to MCAG
128
TO:
FROM:
DATE:
LOsBanos
At ti 1: C ·o. ·oacls o.f Ca J · ia
Agenda Staff Report
Mayor & City Council Members
Lucy Mallonee, MMC Y
City Clerk/Human Resources Director
August 17, 2022
SUBJECT: 2022 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 this case the City Council, no later than October 1st of even-numbered years.
Staff has determined that an amendment to the code is required in order to designate an additional position and eliminate a position, which no longer exists.
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.
ITEM 7I
129
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, ect.) are not required to be included in the code, because these positions are required by statute to file Form 700.
Fiscal Impact:
None.
{ffi2 17s:a:: Attorney
Resolutions
130
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS AMENDING CITY
COUNCIL RESOLUTION NO. 6248 RELATING TO
THE CITY'S CONFLICT OF INTEREST CODE
WHEREAS, the City Council previously adopted Resolution No. 6248 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 6248 adopted on August 5, 2020 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 further that amendments are needed to add disclosure categories specifying those financial interests that designated positions must disclose.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. Resolution No. 6248 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 Code 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.
131
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 17th day of August 2022, 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:
Manuel Thomas Faria Ill, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
132
Appendix A
CITY OF LOS BANOS
LIST OF DESIGNATED POSITIONS
AND DISCLOSURE CATEGORIES1
Designated Positions
Administration
City Clerk
Human Resources Director
Assistant City Clerk/Human Resources Analyst
Human Resources Technician I
Admin Clerk II
Admin Clerk I
Finance
Finance Director
Accounting & Budget Supervisor
Accountant II
Accountant I
Information Technology Technician
Accounting Technician
Accounting Clerk 11
Community & Economic Development
Community & Economic Development Director
Senior Planner
Associate Planner
Assistant Planner
Planning Technician
Admin Clerk 11
Admin Clerk I
lnfermation TeGhRology
Information Technology Technician
Public Works
Public Works Director/City Engineer
Assistant Public 'Norks Director
Public Works Operations Manager
Parks & Recreation Operations Manager
Public Works Supervisor
2 Recreation Supervisor
Water Quality Specialist
Disclosure Category
1 1
2 2
2 2
1 2
2 2
2 2
2 1
1 2
2 2
2 2
2 1
1 2
2 2
2 133
Administrati'.{e Coordinator
Fleet Maintenance Coordinator
Foreman
Administrative Coordinator
Inspector I
Administrative Assistant
Engineering Technician
Recreation Coordinator II
Recreation Coordinator I
Maintenance Mechanic I
Admin Clerk II
Admin Clerk I
Inspector I
Maintenance Mechanic I
Fire
Fire Chief
Assistant Fire Chief
Fire Captain
Administrative Coordinator
Admin Clerk II
Admin Clerk I ----
Police
Police Chief
Police Commander
Police Sergeant
Police Services Manager
Dispatch Supervisor
Admin Clerk II
Admin Clerk I
Other Positions
Consultants2
Temporary Positions3
2 2
2 2
2 2
2 2
2 2
2 2
2 2
1 1
2 2
2 2
1 1
2 2
2 2
2 1
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 134
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.
Appendix B
CITY OF LOS BANOS
DISCLOSURE CATEGORIES
Category Reportable Interests
1 2
3 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.
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.
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.
135
Designated employees shall disclose their financial interests pursuant to the appropriate disclosure category as indicated in Appendix A. 136
RESOLUTION NO. 6248
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS AMENDING CITY COUNCIL
RESOLUTION NO. 6012 RELATING TO THE CITY'S
CONFLICT OF INTEREST CODE
WHEREAS, the City Council previously adopted Resolution No. 6012 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 6012 adopted on September 19, 2018 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 further that amendments are needed to add disclosure categories specifying those financial interests that designated positions must disclose.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. Resolution No. 6012 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 Code 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.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 5th day of August 2020, by Council Member Lewis who moved its adoption, which motion was duly seconded by Council Member Johnson-Santos and the Resolution adopted by the following vote:
AYES: Council Member Faria, Johnson-Santos, Jones, Lewis, Mayor Villalta
NOES: None
ABSENT: None
APPROVED:
,~:~~~~
Michael Villalta, Mayor
ATTEST:
Lucille L. Mallonee,
';/. ~
City Clerk
137
THIS PAGE IS INTENTIONALLY LEFT BLANK
138
Appendix A
CITY OF LOS BANOS
LIST OF DESIGNATED POSITIONS
AND DISCLOSURE CATEGORIES1
Designated Positions
Administration
City Clerk
Human Resources Director
Assistant City Clerk/Human Resources Analyst
Human Resources Technician I
Admin Clerk II
Admin Clerk I
Finance
Finance Director
Accounting & Budget Supervisor
Accountant II
Accountant I
Accounting Technician
Accounting Clerk II
Community & Economic Development
Community & Economic Development Director
Senior Planner
Associate Planner
Assistant Planner
Planning Technician
Information Technology
lnfor:matien Teshnelegy Manager
lnfonnation Technology Technician
Public Works
Public Works Director/City Engineer
Assistant Public Works Director
Public Works Operations Manager
Parks & Recreation Operations Manager
Supervisor
Water Quality Specialist
Administrative Coordinator
Fleet Maintenance Coordinator
Foreman
Inspector I
Administrative Assistant
Disclosure Category
1 1
2 2
2 2
1 2
2 2
2 2
1 1
2 2
2 2
2 1
1 2
2 2
2 2
2 2
2 2
139
Engineering Technician 2
Recreation Coordinator II 2
Recreation Coordinator I 2
Maintenance Mechanic I 2
Admin Clerk II 2
Admin Clerk I 2
Fire
Fire Chief 1
Assistant Fire Chief 1
Fire Captain 2
Administrative Coordinator 2
Admin Clerk I 2
Police
Police Chief 1
Police Commander 1
Police Sergeant 2
Police Services Manager 2
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 fde statements of economic interest pursuant lo 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 lo the broadcast disclosure category in the code subject lo the following limitation.
The City Manager may determine in writing that a particular consultant, although a "designated position•, is hired lo 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 lo file a conflict of interest statement upon determination by the city attorney that the temporary position is the functional equivalent of a designated position.
140
AppendixB
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. 141
THIS PAGE IS INTENTIONALLY LEFT BLANK
142
TO:
FROM:
DATE:
LOsBanos
At tlie Crossroads of Califontia
Agenda Staff Report
Mayor & City Council Members
Soknirorn Than, P.E., Public Works Director/City Engine~ l \__ August 17, 2022
TYPE OF REPORT: Agenda Item
SUBJECT: Speed Cushion Policy Revision
Recommendation:
That the City Council receive the Traffic Calming Measures: Speed Cushion Policy and Procedure report and adopt a resolution approving the revised policy and procedure.
Background:
At the October 21, 2020 City Council Meeting, the City Council unanimously approved a request by Council Member Lewis that the staff conduct a review of the existing Speed Cushion Policy. It was specifically requested that the review include the existing requirements under which collector and arterial streets might qualify for speed cushion installation.
At the City Council Meeting on November 18, 2020, staff reported that proposals would be requested from qualified traffic engineering consultants to conduct a review of the existing Speed Cushion Policy. The review would result in recommendations to ensure that the Speed Cushion Policy is current with industry practices and standards.
Hexagon Transportation Consultants, Inc. was selected to conduct this review and the results were presented on January 19, 2022 at City Council meeting.
Discussion:
On January 19, 2022, City Council adopted a motion to form an ad-hoc committee consisted of Council Member Lewis and Mayor Pro Tern Lambert to review the existing Traffic Calming Measures: Speed Cushion Policy and Procedure with staff.
ITEM 8A
143
Two subsequent meetings were held in January and March 2022. During the meeting staff and the ad-hoc committee discussed the following topics in detail:
• Speed Cushion Flowchart and Timeline
• Minimum eligibility criteria
o Roadway Classification (Collector and Arterial)
o Approval percentage from effected property owners
o Prevailing speed and qualification threshold
o Traffic collision criteria
• Speed cushion detail and striping design
As a result, the ad-hoc committee recommended the following revisions:
Existing Policy Proposed Revision Comments
chart that summarizes the incorporates timeline will provide realistic process for requesting and associated with each steps expectation for the resident approving the speed of the process. when requesting the speed cushion request. cushion.
Criteria 2a restricts speed The revised policy Some collectors in Los cushion installation only to proposes to expand the Banos are residential in local road. eligibility to collector street. nature and exhibit the Arterial street is still physical design and
prohibited. geometry of a local road.
This inclusion will allow
staff the opportunity to
review each collector
street on a case-by-case
basis and incorporate the
right traffic calming
measures for those
situations.
Criteria 2b restricts speed The revised policy This will expand eligibility cushion installation only to proposes to expand the criteria to some collectors street with a posted speed eligibility to street with a that are residential in of 25 mph or less posted speed of up to 30 nature and exhibit the mph. physical design and
geometry of a local road.
This inclusion will allow
staff the opportunity to
review each collector
street on a case-by-case
basis and incorporate the
right traffic calming
measures for those
situations. In general the
speed cushion design is
144
Criteria 2c requires 70
percent approval from the
affected property owners
within the block to be
eligible
Criteria 2f requires that at
least 15% of the vehicles
travelling on the requesting
street shall exceed the
posted speed limit.
Criteria 2g requires that at
least 10% of the vehicles
travelling on the requesting
street shall exceed the
posted speed limit by 1 0
mph.
N/A
N/A
The revised policy
proposes a reduction from
70% to 60% approval.
The revised policy
proposes a new criteria,
85th percentile speed. In
this case, the 85th
percentile speed must be
recorded at a minimum 7
mph above the posted
speed to be eligible.
Criteria 2g- Traffic
Collision. The existing
policy does not have a
criteria for traffic collision.
In the revised policy, for
the collision criteria to be
met, the street segment in
question must exhibit more
than five ( 5) reported or
documented collisions
within the past three years.
These collisions must be
considered preventable
with the implementation of
traffic calming devices.
The revised policy includes
the incorporation of striping
and marking detail as
rated for street with up to a
posted speed of 30 mph.
Based on Hexagon Report,
the general practice for
required support ranges
from 50% to 70%. Staff is
recommending 60% to
allow for wider eligibility
but still allow for a majority
consensus.
a5th percentile speed is the
most widely acceptable
measuring tools used in
Traffic Engineering. This is
the same data used for
setting speed limit and is
recognize by the state. In
Hexagon report, all 12 City
uses 85th percentile speed
as a criteria. Nationwide
studies have shown that
the average 85th percentile
speed on a residential
street is 32 miles per hour,
or 7 mph over the most
commonly used posted
speed limit of 25 moh.
Streets that experience
high speeds also have a
tendency to exhibit a high
rate of vehicle collisions. 4
out of the 12 Cities in the
Hexagon report use
Accidents as a criteria. This
is also consistent with the
state standards for setting
speed limit. The qualified
accidents must be
considered preventable
with the implementation of
traffic calming measures.
This striping and marking
standards are required by
the CAMUTCD.
145
required by the
CAMUTCD.
N/A The revised policy includes
a map of street
classification for reference.
A draft of the revised policy were brought for discussion with the Traffic Safety Committee on July 5th , 2022. The committee reviewed, received public comments, and unanimously approved a motion for staff to bring the revised policy to City Council for adoption.
Fiscal Impact:
The cost to install and purchase the speed cushion will be in the Street Fund (Fund 100).
Council has adopted a budget of $20,000 for this program. Based on the quote received in June, each strip of speed cushion cost approximately $3,600 for Local Street and $4,500 for Collector Street. The cost of striping, marking and signage is $4,000. This bring the total cost of installation to $7,600 per block for Local Street and $8,500 per block for Collector Street. Aside from installation, each set of speed cushion has an expected lifespan of 7-10 years, while the striping has a lifespan of 2-4 years. This will bring the total annual operating cost to approximately $1,800 per year per set of cushion.
Therefore, as more and more cushions are approved, the annual operating budget for street wHf also need to be increased.
½Ai) &ffinA ·ttl bte.Jt-j ~- , Interim City Manager Brent Kuhn, Interim Finance Director Attachments:
Existing City of Los Banos Speed Cushion Policy
Revised City of Los Banos Traffic Calming Measures: Speed Cushion Policy and Procedure
146
RESOLUTION NO. __
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS APPROVING AND
ADOPTING THE REVISED TRAFFIC CALMING
MEASURES: SPEED CUSHION POLICY AND
PROCEDURE
WHEREAS, the Traffic Calming Measures is intended to provide a programmatic approach to addressing traffic concerns and improve neighborhood livability through a comprehensive process that provides neighbors with the resources to reduce speeding, reduce traffic volumes, and address other traffic related issues that concern them; and WHEREAS, City Council desires to amend the current policy and the eligibility criteria; and
WHEREAS, City Council adopted a motion to form an ad-hoc committee to review the existing policy; and
WHEREAS, the Traffic Safety Committee has reviewed and recommended a number of revisions to the current policy on July 5, 2022; and WHEREAS, the revisions will be consistent with the general practices of other Cities within the area and the CAMUTCD.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby approve and adopt the revised Traffic Calming Measures: Speed Cushion Policy and Procedure.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 1 -,th day of August, 2022, 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:
Manuel Thomas Faria Ill, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
147
THIS PAGE IS INTENTIONALLY LEFT BLANK
148
LOsBanos
At the Crossroads of California
Traffic Calming Measures
Speed Cushion Policy and Procedure
~1~
149
THIS PAGE IS INTENTIONALLY LEFT BLANK
150
,..,Speed Cushion Frequently Asked Questions,..,
(J What are speed cushions?
Speed cushions are a series of raised "bumps" generally six feet in width, seven feet in length, three inches tall at their midpoint; placed across the traveled portion of the roadway a minimum of two feet apart.
~ Advantages of speed cushions.
They are designed to decrease speeds if placed strategically and may divert traffic away from residential areas.
~ Disadvantages of speed cushions.
They may slow response times of emergency vehicles and may divert traffic onto parallel residential streets. They may also increase noise and air pollution for residents living immediately adjacent to the speed cushions. The curb and gutter area near speed cushion placement may experience a reduction in effective street sweeping as well.
All streets are not suitable for speed cushion installation.
In order for a street to qualify for speed cushion installation, certain engineering criteria ( e.g., traffic volumes, speeds, street function, etc.) have to be met. For instance, a street defined as an arterial or collector, or one that is a main emergency access street for the neighborhood would not be suitable for speed cushions.
What about my neighbors?
Speed cushions affect the entire neighborhood, therefore, at least seventy percent (70%) of the property owners (defined by Assessor's Parcel Number/APN's) living on the street (and parallel streets if applicable) will be needed to approve the installation of speed cushions. One hundred percent (100%) of property owners immediately adjacent to the cushion (defined as the two closest property owners in both directions) will be required to explicitly agree to the installation .
., Who pays for the speed cushions?
Based on the availability of funding and as approved annually by the Los Banos City Council, the City of Los Banos will attempt to appropriate $20,000.00, per fiscal year towards speed cushion installation.
~ Who do I contact for more information about speed cushions? City of Los Banos, Public Worlcs Department
411 Madison Ave, (209) 827-7056
Los Banos, CA 93635
~2~
151
t'J Steps to follow for speed cushion installation:
As speed cushions are not designed for every roadway in Los Banos, property owners interested in completing a request for speed cushions are encouraged to review the 'Speed Cushion Policy and Procedure' application packet thoroughly prior to submitting a completed Petition Form. Once you have thoroughly reviewed this process and you believe your request may qualify, the below steps will be followed:
1. Complete the attached 'Speed Cushion Petition Form' and return it to the Public Works Department. Note: Someone must be designated as the 'Neighborhood Facilitator' for this request. This person will be responsible for working with both the Public Works representative and the property owners of the affected neighborhood(s) to facilitate the application process.
The neighborhood facilitator will be responsible for collecting the signatures of ALL property owners (whether they approve or disapprove) on the street requesting the speed cushions; including whether or not each property owner approves of speed cushion placement in front of their residence. Once completed, the petition will be returned to the Public Works Department.
2. Public Works will review the completed Petition Form pursuant to the 'Speed Cushion Installation Policy and Procedure' enumerated on page 5, of this policy.
If the Public Works Department determines that the request does NOT meet the minimum criteria for installation, your application will be re jected and your request will no longer be considered.
3. If the Public Works Department determines that the Petition meets the minimum criteria of the 'Speed Cushion Installation Policy and Procedure,' the Public Works representative will work with the neighborhood facilitator to identify the exact location of the proposed speed cushions. Once this task is completed, the Public Works Department will draft a speed cushion placement diagram of the affected street.
4. The request will then be placed on the next regularly scheduled City of Los Banos, Traffic Safety Committee agenda, for consideration. Please note: The Traffic Safety Committee is the decision making authority for traffic related requests.
5. If approved by the Traffic Safety Committee, the Public Works Department will work to schedule the installation of the speed cushion, based on the availability of funding, in order of approval.
~3~
152
--Speed Cushion Flow Chart--
The process outlined below is managed by the designated 'neighborhood facilitator.'
3. IF Petition meets
criteria, you will
work with Public
Works to create a
draft diagram.
~4~
4. Draft diagram
will be
considered by
the City Traffic
Safety
Committee.
153
THIS PAGE IS INTENTIONALLY LEFT BLANK
154
~Speed Cushion Installation Policy and Procedure~
The following will be used to determine a street's eligibility for speed cushion installation:
1. The request for speed cushions will be initiated by a property owner. Upon request, the Public Works Department will send the requestor a City 'Speed Cushion Policy and Procedures' packet.
This information describes in brief, the salient aspects of speed cushions and the policy and procedures for installation.
After a thorough review of the information, if the requestor desires to pursue the installation of speed cushions they must complete the 'Speed Cushion Petition Form' which includes; 1).
Designating a 'Neighborhood Facilitator,' who will be responsible for working with both the Public Works representative and the property owners of the affected neighborhood(s) to facilitate this process; and 2). Each property owner must acknowledge whether or not they approve of speed cushion placement in front of their residence. Once completed, the form will be returned to the Public Works Department.
2. Upon receipt of a completed request, the Public Works Department will review the completed Petition Form pursuant to the below 'Speed Cushion Installation Policy and Procedure' minimum criteria.
The following minimum criteria will be used to determine eligibility:
a) The street or street segment shall be a two-lane local street as defined by the City of Los Banos Improvement Standards policy, where the primary function is to provide access to abutting residences. Engineering judgment will be used while making a decision as to the exact function the street performs.
b) The posted speed limit on the street should not be more than 25 mph. c) 70 percent of the property owners on the affected block must approve of the installation. d) 100 percent of the property owners immediately adjacent to the placement of the speed cushions must approve of the installation. Immediately adjacent is defined as two residences in either direction of the proposed speed cushion installation. * If 100% of the property owners living immediately adjacent to the speed cushions do not agree to the placement, the Public Works Department will meet with the neighborhood facilitator to discuss alternate locations. In any cas_e, unless 100% of the property owners living immediately adjacent to the speed cushions concur, the street will not be eligible for speed cushion installation.
~5~
155
e) For ALL approval/vote counting purposes, each residence is defined as each Assessor's Parcel Number (APN). Each APN equals one vote. In the event a residence is occupied by someone other than the property owner, the property owner will be contacted; the property owner will act as the voting party.
t) At least 15% of the vehicles travelling on the requesting street shall exceed the posted speed limit.
g) At least 10% of the vehicles travelling on the requesting street shall exceed speed limit by at least 10 mph.
h) The traffic volumes on the street should be between 500-2,500 vehicles/day. i) The street or street segment should be at least 600 feet long. j) Speed cushions should be at least 300 feet from existing or proposed traffic control devices. k) Speed cushions should not be located on curves less than 300 feet in radius. 1) The installation of speed cushion(s) shall not adversely affect response times of emergency services. This shall be determined by the Public Works Department in conjunction with the affected emergency service(s) department input. If it is determined by the Public Works Department that emergency response time would be adversely affected by a request, the application may be rejected and your request will no lone:er be considered. m) If at any time during this process the Public Works Department fmds that there would be a substantial traffic diversion to parallel local streets due to speed cushion installation, the neighborhood facilitator shall also be responsible for obtaining the approval/disapproval of property owners on the parallel, affected local street(s). n) It is recognized, however, that special circumstances exist where placement of speed cushions are advantageous; therefore, areas such as school zones, safe routes to school/pedestrian routes, senior communities and other areas approved by the Traffic Safety Committee may be considered for speed cushion placement, absent the above required elements for installation.
o) In the event of multiple requests from various neighborhoods, speed cushion requests will be prioritized based on the date and time a completed 'Speed Cushion Petition Form' is received by the Public Works Department.
p) Once the review has been completed, the Public Works Department will inform the neighborhood facilitator of its fmdings. If the request does NOT meet the minimum criteria for installation, your application will be rejected and your request will no longer be considered. If the Public Works Department determines the request meets the minimum criteria the request may continue to step #3.
~6~
156
3. The Public Works Department will work with the neighborhood facilitator to identify the exact location of the proposed speed cushions. Once this task is completed, the Public Works Department will draft a speed cushion placement diagram of the affected street.
4. The request will then be placed on the next regularly scheduled City of Los Banos, Traffic Safety Committee agenda, for consideration.
*Note: Pursuant to the Los Banos Municipal Code, Section 4-5 of the City of Los Banos Traffic Safety Committee has been established and it is charged with the duty of initiating or reviewing all traffic related requests which fall under the lawful discretionary control of the City. The Traffic Safety Committee shall, after completing appropriate review of a proposal or request for speed cushions, exercise its authority to approve or reject any and all speed cushion requests based on a majority vote of the Traffic Safety Committee.
5. If approved by the Traffic Safety Committee, the Public Works Department will work to schedule the installation of the speed cushions, based on availability of funding, in order of approval.
6. The construction of speed cushions shall be in accordance with the 'Speed Cushion Detail' page of this policy.
~7~
157
THIS PAGE IS INTENTIONALLY LEFT BLANK
158
--Speed Cushion Appeal Process--
The purpose of this part is to provide an orderly and fair method of appeal or review of a decision of the Public Works Department or the City of Los Banos Traffic Safety Committee relating to the provisions of the Speed Cushion Policy and Procedure. However, this part shall not apply where other specific procedures for appeal, rehearing, or review are established by other provisions of the Los Banos Municipal Code.
Any interested person adversely affected with a decision or determination of the Public Works Department or the Traffic Safety Committee relating to the provisions of the Speed Cushion policy and procedure, may appeal such act, decision, or determination by filing a written notice thereof with the Clerk of the City of Los Banos, not later than 5:00 p.m. ten (10) days after the day on which the act, decision, or determination being appealed was made. If such date falls on a weekend or City holiday, then the deadline shall be extended until 5:00 p.m. the next business day. The first day of the appeal period is the day following the action. A filing fee set by resolution of the City Council shall accompany the notice of appeal.
The filing of the notice of appeal shall have the effect of staying the issuance of any permit, license, or entitlement until such time as the matter is disposed of on appeal.
The notice of appeal shall state the act, decision, or determination which is being appealed, the identity of the appellant and his or her interest in the matter, and shall set forth in concise statement the reasons which, in the opinion of the appellant, render the decision made unjustified or inappropriate.
Appeal of a Public Works Department action:
The City of Los Banos Traffic Safety Committee shall hear and decide all appeals from the actions of the Public Works Department relating to the provisions of the Speed Cushion Policy and Procedure.
Appeal of a Traffic Safety Committee action:
The procedure for appeal of a Traffic Safety Committee Speed Cushion application decision is enumerated in the Los Banos Municipal Code and will be followed . .,. Limitation of action:
Any court action or proceeding to attack, review, set aside, void, or annul any decision of matters listed in this Code, shall not be maintained by any person unless such action or proceeding is commenced and service of summons effected within thirty (30) days after the effective date of such decision. Thereafter, all persons are barred from any such action or proceeding. tJ Notice of Decision:
Following the hearing on the appeal, the Secretary of the Traffic Safety Committee shall transmit a notice of the decision of the granting authority to the appellant and the applicant and a copy of said notice shall be kept in the Traffic Safety Committee permanent record. ~8~
159
THIS PAGE IS INTENTIONALLY LEFT BLANK
160
~Speed Cushion Removal Procedure~
The following procedure will be used to process a request for speed cushion removal:
1. The request for speed cushion removal will be initiated by a property owner. Speed cushion removal will follow the same policy and procedure set forth in this policy for speed cushion installation.
2. Speed cushions will not be considered for removal within one year of their installation.
3. All costs associated with the removal of speed cushion will be paid by the City of Los Banos.
4. A street that has successfully petitioned and has had speed cushions removed from their street is not eligible for consideration for further speed cushion placement for a period of 60 months from the date of removal of the speed cushions.
5. All removal requests must first be approved by the City of Los Banos, Traffic Safety Committee. ~9~
161
THIS PAGE IS INTENTIONALLY LEFT BLANK
162
CIJlB .IND
GUmJi
B
L
..
.
.
.
.. 1·1
. "
•
- .cl• ..
.. ..
LOs Banos
SPEED CUSIDON DETAIL
(CE'filR SPEED CUSHION CENTERED IN ROAD)
<7
8' IIN •
B
.J
llSS 1HAN 161: SIDE
CRADIENT (M>.)
I t I 6' I 2' I 8' IIN.
.
" ~
. ,· , .
I -4
. ..
. AU. RAISED SPEED
CUSHION NfEJ.S 1l) BE
PAINTED Mii1E (l'P.)
J'-6"le3"-5" lllRECTIOIIAI.
TRAFFIC ARROW, IWMm
YW.DW, CM NfflOW IN
00! DIRECl10N (l'tP.)
PLAN VIEW
SECTION A-A
NmES:
1, INST,U SKlNS A~D M.W<INCS PER C\ MUl'CD STANDMDS.
2, INSTAU. SPEED HIIIP SIGN (Wl 7-1) AT E:H:H SPEED tu.I' IN aont DIREX:l10NS.
J. INSflllU.. SPEEQ HUIIP #IENI ('11117-' ii W1 8-91') SIGN. IN "1VNCE OF M FIRSr SPml HUMP IN l:ADI IIRECnat N'PROx..ATUY 150 FEET.
4. IIINIIIUII SlRET WIIJ1H FROM ~ Of CURB lO FACt OF CURB IS ~ FEET.
5, IT MAY 1£ IEESSARY FOR VE~JCUIAR llWRC 10 PUU. 10 ~E RIGHT AND M.IDIW AN OPPO!ING EIIERCENC't VEHICLE TD PASS • .LV
CURB N'ID
GumR
.
4, ••
LESS 1HAN
111 IMIENr
PINE E'ICIS11NC JI: AS IIEQUIRED
FOR I-INCH TIICK ii: SPEED
CUSHllN CMRIAY
SECTION B-B
N:. PA'mjENr
SPEED 11JSHON
163
THIS PAGE IS INTENTIONALLY LEFT BLANK
164
~Speed Cushion Petition Form~
The undersigned approve or disapprove the installation of speed cushions on ____ ___ __ _ between - ------------- ------------- ------- -
and _______ _____ _ __________ . The undersigned have read the speed cushion installation and removal policy and fully understand the procedures. The undersigned agree to abide by the installation and removal procedures underlined in the Speed Cushion Policy.
Neighborhood Facilitator (NF): I _ ______ _ _ _____ understand the role and responsibilities of the neighborhood facilitator, and I agree to act as the neighborhood facilitator for this request.
Facilitator Name:
Address:
Telephone No.: Alternate No.:
Return completed petition forms to:
City of Los Banos, Public Works Department
Care of: Speed Cushion Request
411 Madison Ave, (209) 827-7056
Los Banos, CA 93635
I, _______________ the designated Neighborhood Facilitator certify that the information reported on this petition form is truthful and accurate.
To complete page 2 of this form please write your name, address, and telephone number in the corresponding boxes. Sign either the box approving or disapproving the placement of speed cushions, then initial inside the box to indicate whether or not you approve or disapprove of the placement of the speed cushions in front of your home.
~ 11 ~
165
~Speed Cushion Petition Form~
Location: On between ___ _________ and
Approve in front of
your home?
Telephone Approve Disapprove Yes or No
Name (Printed) Address Number (Signature) (Signature)
D D
D D
D D
D D
D D
D D
D D
D D
D D
D D
D D
D D
D D
(Add additional sheets as necessary)
~ 12 ~
166
LOsBanos
At the Crossroads of California
Tfaffjc ~almll}.g M~asures ~ . ~ I •. ' .• ·-.. ,,,. I .
Speed GQ:shi® Po-Iic'y and Procedure . ' .
~1~
167
THIS PAGE IS INTENTIONALLY LEFT BLANK
168
--Speed Cushion Frequently Asked Questions--
(J What are speed cushions?
Speed cushions are a series of raised "bumps" generally six feet in width, seven feet in length, three inches tall at their midpoint; placed across the traveled portion of the roadway a minimum of two feet apart.
i'J Advantages of speed cushions.
They are designed to decrease speeds if placed strategical!y.~d·may divert traffic away from residential areas. They are also designed to accommodate<fire truck wheel base widths. f~ Disadvantages of speed cushions.
They may slow response times of emergen_cy vehicles and may -.~ivert traffic onto parallel residential streets. They may also increa'~e .. noise and air polh.itio}'.i' for residents living immediately adjacent to the speed cushions'\:Tl?,e curb and gutter area, near speed cushion placement may experience a reduction in effective ~tteet sweeping as welL'The device, signage and advanced stri in re uires re armaintenance: ',. · ·./. -~ · ... ,J All streets aFe netNot all streets ar~ ,~uitable for speed··c~shion installation. "
In order for a street to _qualify for speed, clishion,installation, ~ertain engineering criteria (e.g., traffic volumes, speeds;'streetfunction, etc;)havet8 be met. For 1nstance, a street defined as an arterial er celleetoi, a bus rdute, or one\ that' is a m~ih · · e.inergency access street for the neighborhood wouldn9tbe suita~le for speecfc~shions. (Define Street Segment-language) fJ What about my neighbors? .
Speelcushions affect t~e entir~ n,eighborhood,therefore, at least seventy percent (70%) of the property owners ( defined by Assessor's Parcel Number/ APN' s) living on the street ( and parallel streets if appF~ble) will be·-~eeded td approve the installation of speed cushions. One hundred percent (100%) of property o~~rs immediately adjacent to the cushion (defined as the two closest property owners in botht directions) will be required to explicitly agree to the installation. t~ Who pays for the speed cushions? ·,. ~-·
Based on the availability of funding and as approved annually by the Los Banos City Council, the City of Los Banos will attempt to appropriate $20,000.00, per fiscal year towards speed cushion installation.
it".) Who do I contact for more information about speed cushions? City of Los Banos, Public Works Department
411 Madison Ave, (209) 827-7056
Los Banos, CA 93635
~2~
169
,~ Steps to follow for speed cushion installation:
As speed cushions are not designed for every roadway in Los Banos, property owners interested in completing a request for speed cushions are encouraged to review the 'Speed Cushion Policy and Procedure' application packet thoroughly prior to submitting a completed Petition Form.
Once you have thoroughly reviewed this process and you believe your request may qualify, the below steps will be followed:
1. Complete the attached 'Speed Cushion Petition Form' and return it to the Public Works Department.~ Someone must be designated as the 'JYeighborhood Facilitator' for this request. This person will be responsible for working . with both the Public Works representative and the property owners of the affect~d neighborhood(s) to facilitate the application process.
The neighborhood facilitator will be respb~sible for coll~cting the signatures of ALL property owners (whether they approve ·cir' disapprove) on th~'-stfeet requesting the speed cushions; including whether or not ;~ch·. property owner appi'oyes of speed cushion placement in front of their residence. Once ~mpleted~ the petition will be returned to the ' . ~-- / ' Public Works Department. · , · ,,.., . ' . . . -,
2. Public Works will review the coni.pleted Petition Fqrm pursuant to the 'Speed Cushion Installation Policy and Procedure' enuni,etated on pl:tg~ 5, of this policy.
If the Public Works Department determines that the request does NOT meet the minimum criteria for installation; your application will bl rejected ancl'your request will no longer be considered. .,. -
3. If the Public Works Departn/ent determin~s that the Petition meets the minimum criteria of the 'Speed Cushion InsµillationP<>licy and Pr9cedure,' the Public Works representative will work with the neighborhood facilitator, to. iderltify the exact location of the proposed speed cushions. Onc~··this,task is,completed, the -Public Works Department will draft a speed cus1!1on placement diagram ;Hhe affected street.
4. The requ(?st will then be placed on.the next regularly scheduled City of Los Banos, Traffic Safety Committee agenda;· for consideration. Please note: The TraffieThe 8afetyTraffic CommitteeSafety Committee is the decision making authority for traffic related requests.
5. If approved by the Traffic Safety Committee, the Public Works Department will work to schedule the installation of the speed cushion, based on the availability of funding, in order of approval.
~3~
170
• ·Speed Cushiou Flow Chart-·
The p,aeess aetlined helaw is me1u1ged hy the designated 'neighhaFhaad faeilitatar.' criteria,
work w·
Works t
draft di
--s eed Cushion Flow Chart and T
• Complete the Speed Cushion
Petition Form
• Submit Form to Public Works
Department
• Public Works Initial Review
-----------:- --=----~~-__,, C Safety
• Initial Study and Data
Collection
• Speed Cushion Plan l -u.ii.:,.:i~ ___ Developmen_t ______ J • Traffic Safety Committee I
Review __j
171
THIS PAGE IS INTENTIONALLY LEFT BLANK
172
* Resident's · ion collection · hborhood facilitator.
** Traffic S Committee m .
~S~
173
THIS PAGE IS INTENTIONALLY LEFT BLANK
174
~Speed Cushion Installation Policy and Procedure~
The following will be used to determine a street's eligibility for speed cushion installation:
1. The request for speed cushions will be initiated by a property owner. Upon request, the Public Works Department will send the requestor a City 'Speed Cushion Policy and Procedures' packet. This information describes in brief, the salient aspects of speed cushions and the policy and procedures for installation.
After a thorough review of the information, if the requestor desiresto pursue the installation of speed cushions they must complete the 'Speed Cushion Petition F<frm' which includes; 1). Designating a 'Neighborhood Facilitator,' who will be responsible for working with both the Public Works .c -· ·, . ' .... representative and the property owners of the affected neighborlfo.~d(s) to facilitate this process; and 2). Each property owner must acknowledge whether or not they approve of speedof speed cushion placement in front of their residence. Once compJeted,the form will be returned to the Public Works Department. , :,
2 Upon receipt of a completed request, the Public Wer.k~ Department will review the completed Petition Form pursuant to the below :speed Cushion Installation Policy and Procedure' minimum criteria.
The following minimum criteria will be U:sedJo determine eligibility: ',, .. a) The street or streetsegment shall be a two.,.lane Yocal or Collector streetStreet as defined by the City of Los. Banos ImJ;r:ovement Stand~ds policy, where the primary function is to provide access to' abutting re1idences. Engineering judgment will be used while making a decision as to the ex'act functfonthe street performs.
b) The posted speed limit on.the street should'not he more than ~30 mph. f • ,_ ~ • c) +G-60p_ercent of the property own¢rs on the affected block must approve of the installation. (language on ro ert . owner information if it is. a rental ro ert d) 100 percent of the property owners immediately adjacent to the placement of the speed cushions must approve , of the installation. Immediately adjacent is defined as twe residenoestwo residences in either direction of the proposed speed cushion installation. * If 100% of the property owners living immediately adjacent to the speed cushions do not agree to the placement, the Public Works . Department will meet · with the neighborhood facilitator to discuss alternate locations. In any case, unless 100% of the property owners living immediately adjacent to the speed cushions concur, the street will not be eligible for speed cushion installation.
~6~
175
e) For ALL approval/vote counting purposes, each residence is defined as each Assessor's Parcel Number (APN). Each APN equals one vote. In the event a residence is occupied by someone other than the property owner, the property owner will be contacted; the property owner will act as the voting party .
.ft_At least 15% of the 11eh:ieles tra¥elling on the requestiag street shall e;J1rneed the posted speed ¼im#The 85th ercentile s eed on a residential or collector streets must be eater than 7 miles er hour over the osted s eed limit.
be used to ·usti the installation of traffic calmin device when the implementation of traffic calming devices. -:
g) At least 10% of the vehielos tray;elling o~ the requestiag street shall eKeeed speed limit by at least 10 mph.
®.... The traffic volumes on the stree~ should be between ~00-2,500 vehicles/d~y. j)l.l._ The street or street segment sho~ld.b'c~ at least 600 feeHong. 'I ' \ 'I';' \
\,
lfJ)_Speed cushions should be at least i~Q f~et from existing orproposed traffic control devices. ®-Speed cushions shoµld not be.located on Cl,lrves less than 300 feet in radius . . -... ' ' ' mll..The installation of sp~ed cushion(s}°shall not ~versely affect response times of emergency s~ices. This'shall b~ detei,:mined by the._Publfo Works Department in conjunction with the affected emergency service(s) department input. If it is determined by the Public Works Department that emergency response time would be adversely affected by a request, the application may be rej ecte'd and yciui request will no longer be considered. ,, . ~ B!n)If at any time during this process the Public Works Department finds that there would be a substantial traffic diversi9µ to parallel local streets due to speed cushion installation, the neighborhood facilitator shall also be responsible for obtaining the approval/disapproval of property owners on the parallel, affected local street(s). 0!!)_It is recognized, however, that special circumstances exist where placement of speed cushions are advantageous; therefore, areas such as school zones, safe routes to school/pedestrian routes, senior communities and other areas approved by the Traffic Safety Committee may be considered for speed cushion placement, absent the above required elements for installation.
filln the event of multiple requests from various neighborhoods, speed cushion requests will be prioritized based on the date and time a completed 'Speed Cushion Petition Form' is ~7~
176
received by the Public Works Department.
'fl2)_ Once the review has been completed, the Public Works Department will inform the neighborhood facilitator of its findings. If the request does NOT meet the minimum criteria for installation, your application will be rejected and your request will no longer be considered. If the Public Works Department determines the request meets the minimum criteria the request may continue to step #3.
~8~
177
3. The Public Works Department will work with the neighborhood facilitator to identify the exact location of the proposed speed cushions. Once this task is completed, the Public Works Department will draft a speed cushion placement diagram of the affected street.
4. The request will then be placed on the next regularly scheduled City of Los Banos, Traffic Safety Committee agenda, for consideration.
*Note: Pursuant to the Los Banos Municipal Code, Section 4-5 of the City of Los Banos Traffic Safety Committee has been established and it is charged with the duty of initiating or reviewing all traffic related requests which fall under the lawful discretionar,y control of the City. The Traffic Safety Committee shall, after completing appropriate review of a proposal or request for speed cushions, exercise its authority to approve or reject any and all speed cushion requests based on a majority vote of the Traffic Safety Committee.
5. If approved by the Traffic Safety Committee, the J>trbljc Works Depaqment will work to schedule the installation of the speed cushions, based on~vaiJability of funding, in 01der of approval.
6. The construction of speed cushions shall be in acc6r4~ce wit)r'ffr~ 'Speed Cushion Detail' page of this policy.
~9~
178
~Speed Cushion Appeal Process~
The pmpose of this part is to provide an orderly and fair method of appeal or review of a decision of the Public Works Department or the City of Los Banos Traffic Safety Committee relating to the provisions of the Speed Cushion Policy and Procedure. However, this part shall not apply where other specific procedures for appeal, rehearing, or review are established by other provisions of the Los Banos Municipal Code.
Any interested person adversely affected with a decision or determination of the Public Works Department or the Traffic Safety Committee relating to the provisionsofthe Speed Cushion policy and procedure, may appeal such act, decision, or determination by fil~ng a written notice thereof with the Clerk of the City of Los Banos, not later than 5:00 p.m. ten (10) daysafter the day on which the act, decision, or determination being appealed was made. If suchJlate falls on a weekend or City holiday, then the deadline shall be extended until 5:00 p.m. the next business day, The first day of the appeal period is the day following the action. A filing fee set,,_ by resolution of the City Council shall accompany the notice of appeal. · ·
'•
The filing of the notice of appeal shall have the effect of staying the iss:uance of any permit, license, or entitlement until such time as the matter is disposed of on appeal.:. . · . -~ The notice of appeal shall state the act, decisi~n, or ~eterminatioi'f ~hich is being appealed, the identity of the appellant and his or her interest in the matter, and shall set forth in concise statement the reasons which, in the opinion of the appellant, render the decision ti1ade unjustified or inappropriate. rJ Appeal of a Public Works Department acti_9n:
~ I ~
The City of Los Banos Traffic 8~fety Committee shall h~ar and decide all appeals from the actions of the Public Works Department relatin?to theprqvisions of the Speed Cushion Policy and Procedure . .;,- Appe~fof a Traffic Sa(ety Committee action:
The procedure for appeal of a Traffic Safety C~mmittee Speed Cushion application decision is enumerated in the Los Banos Municipal Code and will be followed. (J Limitation of action:
Any court action or proceeding to attack, review, set aside, void, or annul any decision of matters listed in this Code, shall not be maintained by any person unless such action or proceeding is commenced and service of summons effected within thirty (30) days after the effective date of such decision. Thereafter, all persons are barred from any such action or proceeding. fJ Notice of Decision:
Following the hearing on the appeal, the Secretary of the Traffic Safety Committee shall transmit a notice of the decision of the granting authority to the appellant and the applicant and a copy of said notice shall be kept in the Traffic Safety Committee permanent record. ~ 10
179
THIS PAGE IS INTENTIONALLY LEFT BLANK
180
~Speed Cushion Removal Procedure---
The following procedure will be used to process a request for speed cushion removal:
1. The request for speed cushion removal will be initiated by a property owner. Speed cushion removal will follow the same policy and procedure set forth in this policy for speed cushion installation.
2. Speed cushions will not be considered for removal within one ye~ of their installation.
3. All costs associated with the removal of speed cushion will be.paid by the City of Los Banos.
4. A street that has successfully petitioned and has had speed cusliiO:ns· removed from their street is not eligible for consideration for further speed cushion placJinent for a period of 60 months from the date of removal of the speed cushions.
5. All removal requests must first be approved by theC~ty of Los Banos, Traffic,SafetyCommittee. ~ 11
181
THIS PAGE IS INTENTIONALLY LEFT BLANK
182
LOsBanos
SPEED CUSIDON DETAIL
(CP.ITER SPEED CUSHION CENTERED IN ROAD)
Clll8NI> ·1 ~7 GUT1ER . ..
'
. . . . . ·. 1' I ··- 2' 6' t 8' 1111. ,. I I I I ' . I - • I
.. B . B . -- 'I-. .. L _j
•• .. LESS 1IIAN I !Ill SIIE
.
. .GRADIENT (M'.)
.. c(J 3'-5"lc3'-&" DCRD:IIOIW.
lRAFFIC ARROW, PAlr,. 1Bl
'YEI.JJM, Ill[ _NIROW IN
EACH IIIIIEI:IICJN (IVP.)
PLAN VIEW
7'
SECTION A-A
N01ES:
1. INSTNJ. SIGNS A~D IMRKINCS PER CA IIIUICD STANIWlDS.
2. INSrALI. SPW> HUMP SIGN (Vf17-1) AT f"ACH SPEED 1-U,1' II acmi D1£110NS.
3. INSl'lil SPEED HIJIP AH&ID {'1111-• a, '1111-9Pl SIGN IN IIIIYAlllE OF lHE FIRSf SPEm HUMP IN £.ICH IJREll'IICN
N'PROXNATaY 150 FEET.
4. IINolUII STET wttml FROlol ~ CF CUD TO FACE CF CURB iS 32 FEET. ~ IT w.T IIE IEllSARl' FOR VE-IICUIAR 11W'fJC W PUU.. 10 Tl-E RIGHT AIID lol.UJW AN 01'1'051NG EMERGENCY VEHICLE TD PAS!. ~ 10 ~
CURB NG GUMR LESS 111111
1IIS IRQENI'
P\JJE ElOSTING N: AS REllLHll
RlR 1-INCH lllCK ,,; SP£BI
CUSHllN OVERIAY
SECTION B-B
N:. P.wDEIT SPEED tllSll0N
183
Figure 38-31. Advance Warning Markings for Speed Humps
~
- Oltection of travel
t 100 ft
- - - - - - - - Cent11r ohpeed tunp*
Speea nU11¥1 1----,:_~,:.:_-4-,-deSignwkflh
Eclgl,d
l'Olldny
t2•1ncn white
pavemeni markings
(SGO detail en lhi$ Shoe!}
WIC!lh varies
(soc detail on 1111$ shoot)
* Soo F'igures 38•29
and 38,30 lot pavement
markings on spee.l humps
2 ft -,
8f'I
+ 10ft
I
T
12ft
t
T
,0011T
T
-,
18 ft
20n
8ft
·'\ I I
I
I
I
711 t:::r:::j
~
leading edge
of speed hump
I
I ,~,
t::;::::i I
I
I
I ,~
I\ 1 12-inch I 411 I white pavement 9 ~~s
I
I
i
I
I -13·111-
9 I
I
i
i
I
2ft -t
' I
i""'--.
't Center wie of , ttave: lane
I
1 n
-1!1- 0
DETAIL-SPEED HUMP ADVANCE WARNING MARKINGS
184
Figure 3B-29. Pavement Markings for Speed Humps without Crosswalks T
12 n
typj<:al
l
OPTIONA
Ccntorot
travel lane
OPTIONB
Cenlefof
traYet lane
~
-+ Olrocaon of travel
185
-Street Classification~
CIIM10M
.-:>~
VNWICI
Wlfl'IVUMI
:&IM>Ultl>
1V\Hlll!ICIW
I
z
0 ~ < u
~
~ V)
< -l
u
-l
< z
0 I=
u
z
::>
LL
186
~Speed Cushion Petition Form~
The undersigned approve or disapprove the installation of speed cushions on _ _ _______ _ between -------------- ------------------ - - --
and. _ _ _____________________ . The undersigned have read the speed cushion installation and removal policy and fully understand the procedures. The undersigned agree to abide by the installation and removal procedures underlined in the Speed Cushion Policy.
Neighborhood Facilitator (NF): !. _ ______________ understand the role and responsibilities of the neighborhood facilitator, and I agre.e to act as the ,{lei:ghborhood facilitator for this request.
Facilitator Name:
Address:
Telephone No.:
Return completed petition follN(s to:
Alternate Net;-; , . / '
, Qity _9.f.LQ_s Ban(_?s, Pabhc Works I)epartm~t ·
C~e of: Speed_ Cushion Request
AN Madison Ave,, (209) 827-7056
Lo~ B~os, CA 9361,5,
I, ___ _____________ the designated Neighborhood Facilitator certify that the information reported on this pei iHon/foph is truthful and accurate.
To complete page 2 of this form please write your name, address, and telephone number in the corresponding boxes. Sign either the box approving or disapproving the placement of speed cushions, then initial inside the box to indicate whether or not you approve or disapprove of the placement of the speed cushions in front of your home.
~ 11 ~
187
~Speed Cushion Petition Form~
Location: On between and
Approve in front of .,,-~
Telephone Aydtc;,~~ Disapprove
Name (Printed) Address Number l"'~$1~iture) (Siimature) your home?
Yes or No
,-f~ ('I' . -:--~~, ~ ,, ( ~ - ,I' -,.,,, ' -,~
·• , , · .. . ,: \. D D
/ ~:::. -:~. / ; ""' / ~ -~ , ~
D D
~::\ /', D D ". ,,/ "1
/ D D
"\.
-~ . ' '\.... D D .... ·· .. ~ '\, 'I ·" ...... "',
✓ '· ·~
D D ,. '/ . D D
. .... ~----- .
~ ' ' .. ' \. D D .. , .. , ..... ~,
... "-. ...... ' D D
' '.,,"' D D
D D ...
" ,./ D D
D D
(Add additional sheets as necessary)
~ 12 ~
188
TO:
FROM:
DATE:
LOsBanos
At the Crossroads of California
Agenda Staff Report
Mayor & City Council Members
Lucy Mallonee, MMC S)/"
City Clerk/Human Resources Director
August 17, 2022
TYPE OF REPORT: Agenda Item
SUBJECT: City Committee Appointment
Recommendation:
Appoint member to the following City Committee:
Measure H Citizens' Oversight Committee - (3 Vacancies) One (1) Unexpired Term - Expiring December 31, 2023
Discussion:
Staff advertised the above vacancies on the City's website, on social media, and on the bulletin board outside of City Hall. Applicant was interviewed by a committee per City policy. Any remaining vacancies will be re-advertised.
Fiscal Impact:
None
ITEM 9A
189
THIS PAGE IS INTENTIONALLY LEFT BLANK
190
TO:
FROM:
DATE:
LOsBanos
Agenda Staff Report
Mayor & City Council Members
Gary Brizzee, Chief of Police IS~ 1,,,_.
August 17, 2022
SUBJECT: Councilmember Request - Discussion Regarding an Overview of the Los Banos Animal Shelter Capital Improvement plan (Councilmember Lewis) TYPE OF REPORT: Agenda Item
Recommendation:
No action required; this is an information item only.
Discussion:
The Polic/ oepartment will update the City Council regarding the Los Banos Animal Shelter 9 ital Improvement plan.