LOs Banos
www.losbanos.org
AGENDA
CITY COUNCIL MEETING
CITY HALL COUNCIL CHAMBERS
520 J Street
Los Banos, California
SEPTEMBER 21, 2022-6:00 PM
live stream on You Tube at:
https://www.youtube.com/channel/UC3sy5 sIYr3447mZsrql5Tg I If you require special assistance to attend or participate in this meeting, please call the 1 City Clerk's Office@ (209) 827-7000 at least 48 hours prior to the meeting.
The City of Los Banos complies with the Americans with Disabilities Act (ADA) of 1990. * * * * * * * * * * * * * * * *
Si requiere asistencia especial 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 fa junta.
La Cuidad de Los Banos cumple con la Acta de Americanos con Deshabilidad (ADA) de 1990. ····················································· ······························································· ················· .. ·•· ... ,............................. , ....................................... , .......................................... , ...................... · Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the meeting and in the City Clerk's office located at City Hall, 520 J Street, Los Banos, California during normal business hours. In addition, such writings and documents may be posted on the City's website at www.losbanos. orq.
* * * * * * * ** * * * * * * *
Cualquier escritura o los documentos proporcionaron a una mayor/a def Ayuntamiento respecto a cualquier articulo en este orden def dfa sera hecho disponible para ta inspecci6n pub/ica en la reunion yen 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 tos documentos pueden ser anunciados en el website de la ciudad en www.losbanos.org. :. ................................................................. , .... , .... , .................................................................................................................................................................. , ........................................... :
1. CALL TO ORDER - September 21, 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- September 21, 2022 Page 1 of 5 1 5. PRESENTATIONS.
A Proclamation - Recognizing the Retirement of City of Los Banos Administrative Coordinator Mary Lou Gilardi.
B. Proclamation - Recognizing the Retirement of City of Los Banos Fire Captain Roger Hughes.
C. Proclamation - Recognizing September 16th as National Stepfamily Day.
D. Certificate of Recognition - Josiah Mardirosian, Police Officer, City of Los Banos Employee of the Month for August 2022.
E. Certificate of Recognition - City of Los Banos Finance Department Staff in Recognition of Receiving the Government Finance Officers Association's Certificate of Achievement for Excellence in Financial Reporting for Fiscal Year 2020-2021.
F. Certificate of Appreciation - Dutch Bros Los Banos for the Support They Have Shown by Participating in a Fundraising Day for Youth Recreation Sports Programs in the City of Los Banos.
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 #234510 - #235084 in the Amount of $2,616,647.18.
Recommendation: Approve the check register as submitted.
B. Minutes for the August 17, 2022 Special City Council Meeting.
Recommendation: Approve the minutes as submitted.
C. Minutes for the August 17, 2022 City Council Meeting.
Recommendation: Approve the minutes as submitted.
D. Minutes for the August 25, 2022 Special City Council Meeting.
Recommendation: Approve the minutes as submitted.
E. Fourth Quarter Investment Report for the 2021/2022 Fiscal Year Recommendation: Accept the report as submitted.
Los Banos City Council Agenda - September 21, 2022 Page 2of5 2 F. City Council Resolution No. 6543 - 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.
G. City Council Resolution No. 6544 - Amending the Fiscal Year 2022/2023 Budget by Increasing Appropriations in the Lighting and Landscape District #19 Fund in the Line Item 289-458-200-213 for Expenditures in the Amount of $27,000 for Water Usage.
Recommendation: Adopt the resolution as submitted.
H. City Council Resolution No. 6545 - Amending the Fiscal Year 2022/2023 Budget by Increasing Appropriations in the Community Center Fee Fund 244- 410-100-753 for Expenditures in the Amount of $11,000 for the Purchase of a Compressor for the Grand Room Air Conditioning Unit in the Community Center.
Recommendation: Adopt the resolution as submitted.
I. City Council Resolution No. 6546 - Authorizing the Award of the Construction Contract to McElvany Inc. in the Amount of $585,731.27 with a 10% Contingency in the Amount of $58,573 for the Construction of the Community Center Parking Lot Improvements Project.
Recommendation: Adopt the resolution as submitted.
J. City Council Resolution No. 6547 - Amending the Fiscal Year 2022/2023 Budget as it Pertains to Expenditures in the Park Maintenance Technical Services Account in the Amount of $8,950.
Recommendation: Adopt the resolution as submitted.
K. City Council Resolution No. 6548 - Amending the Fiscal Year 2022/2023 Budget by Increasing Appropriations in the American Rescue Plan Act (ARPA) Fund 206-410-100-753 for Expenditures in the Amount of $19,000 for the Purchase of Scoreboards at Colorado Ballpark.
Recommendation: Adopt the resolution as submitted.
L. City Council Resolution No. 6549 - Authorizing the Interim City Manager to Execute a Contract with AD ART, Inc. for the Construction and Installation of a New Digital Welcome Sign and Associated Infrastructure and Budget Amendment in the Amount of $64,973.
Recommendation: Adopt the resolution as submitted.
M. City Council Resolution No. 6550 - Authorizing Award of Construction contract to Mid Cal Pipeline & Utilities, Inc. in the Amount of $1 ,454,905 with a 10% Contingency in the Amount of $145,490 for the Fairgrounds Area Waterline.
Recommendation: Adopt the resolution as submitted.
Los Banos City Council Agenda - September 21, 2022 Page 3 of5 3 N. City Council Resolution No. 6551 - Accepting the Grant of Easement and Agreement from O'Reilly Auto Enterprises LLC for the Placement of a Gateway Sign to the Downtown of the City of Los Banos, Along Sixth Street, APN 026-044-052.
Recommendation: Adopt the resolution as submitted.
0. City Council Resolution No. 6552 - Authorizing the Interim City Manager to Sign a Memorandum of Understanding with the Merced County Sheriff's Department for Inmate Transportation Services.
Recommendation: Adopt the resolution as submitted.
P. City Council Resolution No. 6553 - Approving the Acceptance of a $43,600 Grant (TR23010) Form the California Office of Traffic Safety (OTS) and Amending the 2022/2023 Fiscal Year Budget by Increasing the Appropriation Amount of the State Grant Fund Account for Expenditures in the Amount of $43,600.
Recommendation: Adopt the resolution as submitted.
Q. City Council Resolution No. 6554 - Authorizing the Interim City Manager to Enter into the Tenth Amendment to Landscape Maintenance Contract between the City of Los Banos and Ronnys Inc.
Recommendation: Adopt the resolution as submitted.
8. PUBLIC HEARING. (If you challenge the proposed action as described herein in court, you may be limited to raising only those issues you or someone else raised at the public hearing described herein or in written correspondence delivered to the City at, or prior to, the public hearing.)
A Public Hearing - To Receive Public Comment and Consideration of a Conditional Use Permit #2022-08 and a Categorical Exemption from the California Environmental Quality Act (CEQA) Pursuant to Section 15301, Existing Facilities, to Allow the Use of a Type 47 Alcohol License for the OnSale of General Alcohol for Jungle Jim's Adventure Lanes, Located at 923 W.
Pacheco Boulevard, APN 431-020-002.
1) City Council Resolution No. 6555 - Finding the Proposed Project to be Categorically Exempt From the California Environmental Quality Act Pursuant to Section 15301, Existing Facilities and Approving Conditional Use Permit #2022-08 to Allow for the On-Sale of General Alcohol Under a Type 47 Alcohol License at 923 W. Pacheco Boulevard; More Specifically Identified as Assessor's Parcel Number: 431-020-002.
Recommendation: Receive staff report, open the public hearing, receive public comment, close the public hearing, and adopt the resolution as submitted.
9. CONSIDERATION OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 6556 - REJECTING ALL BIDS FOR THE CONSTRUCTION OF THE FINAL COVER SYSTEM FOR THE OLD LOS BANOS LANDFILL.
Recommendation: Receive the staff report and adopt the resolution as submitted.
Los Banos City Council Agenda - September 21, 2022 Page 4of5 4 10. REVIEW OF THE CITY OF LOS BANOS INVESTMENT POLICY.
Recommendation: Receive staff report and approve the policy as submitted. 11 . REVIEW OF THE AMENDED ANNUAL REPORT OF THE LOS BANOS
DOWNTOWN PROPERTY AND BUSINESS IMPROVEMENT DISTRICT
(LBDPBID).
Recommendation: Receive staff report and approve the amended Annual Report as submitted.
12. COUNCIL MEMBER REQUEST - Continued Discussion Regarding the Continued Operation/Closure of the Rail-Trail Encampment (Council Member Jones).
Recommendation: Receive staff report and direction on how to proceed.
13. ADVISEMENT OF PUBLIC NOTICES. (One Report)
Recommendation: Informational item only, no action to be taken.
14. CITY MANAGER REPORT.
Recommendation: Informational item only, no action to be taken.
15. 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.
16. CITY COUNCIL MEMBER REPORTS.
A. Brett Jones
B. Kenneth Lambert
C. Deborah Lewis
D. Refugio Llamas
E. Mayor Tom Faria
17. ADJOURNMENT.
I hereby certify under ty of perjury under the laws of the State of California that the foregoing o the ity Hall bulletin board not less than 72 hours prior to the meeting.
Sara Blevins, Deputy City Clerk Dated this 16th day of September 2022 Los Banos City Council Agenda - September 21, 2022 Page 5of5 5 THIS PAGE IS INTENTIONALLY LEFT BLANK
6 LOs Banos
At the Crossroads of Calffon ia
PROCLAMATION
RECOGNIZING THE RETIREMENT OF
CITY OF LOS BANOS
ADMINISTRATIVE COORDINATOR MARY LOU GILARDI
WHEREAS, Mary Lou Gilardi was hired as a Clerk Typist by the City of Los Banos on May 16, 1990; and
WHEREAS, Mary Lou Gilard.i worked in and promoted through multiple capacities within the City during her career including Lead Clerk on February l 61 1996; Planning Lead Clerk on July 1, 1997; Fire Lead Clerk on July 11 1998; Administrative Assistant on July 1, 2005; then Administrative Coordinator on July 1, 2017; and WHEREAS, Mary Lou Gilardi has contributed tremendously throughout her career to the community of Los Banos with her knowledge and commitment to her job; and WHEREAS, Mary Lou Gilardi retired from the City of Los Banos as Administrative Coordinator on August 25, 2022 with 32 years of service as a City employee.
NOW, THEREFORE, BE IT PROCLAIMED that the Mayor and City Council Members of the City of Los Banos do hereby commend Mary Lou Gilardi on her dedication and loyalty to the City of Los Banos and congratulate her on her retirement.
BE IT FURTHER PROCLAIMED that this proclamation was presented to Mary Lou Gilardi at the City Council Meeting held on September 21, 2022.
In witness whereof, I have hereunto set my hand
and caused to be affixed the seal of the City of Los
Banos, this 21st day of September 2022.
APPROVED:
Manuel Thomas Faria DI, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
7 LOs Banos
Ar he Cmssroaas of Califon ·a
PROCLAMATION
RECOGNIZING THE RETIREMENT OF
CITY OF LOS BANOS
FIRE CAPTAIN ROGER HUGHES
WHEREAS, Roger Hughes was hired a.s a Part-Time Maintenance Worker by the City of Los Banos on June 29, 1998. He promoted through the ranks in the Public Works Department as a Street Maintenance Worker I on March 1, 1999, then as a Utilities Maintenance Worker I on November 19, 2001; and
WHEREAS, on July 11, 2001, Roger Hughes became a Volunteer Fire Fighter for the City and was hired as a.full-time Fire Fighter on January 16, 2003. From there, he promoted through the ranks as a Fire Engineer on July 1, 2006, then as a Fire Captain on March 1, 2015; and
WHEREAS, Roger Hughes has contributed tremendously throughout his career to the community of Los Banos with his knowledge and commitment to his job; and WHEREAS, Roger Hughes retired from the City of Los Banos as Fire Captain on September 16, 2022 with 24 years of service as a City employee.
NOW, THEREFORE, BE IT PROCLAIMED that the Mayor and City Council Members of the City of Los Banos do hereby commend Roger Hughes on his dedication and loyalty to the City of Los Banos and congratulate him on his retirement BE IT FURTHER PROCLAIMED that this proclamation was presented to Roger Hughes at the City Council Meeting held on September 21, 2022.
In witness whereof, I have hereunto set my hand
and caused to be affixed the seal of the City of Los
Banos, this 21st day of September 2022.
APPROVED:
Manuel Thomas Faria III, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
8 LOsBanos
,~srn (ot 11i
PROCLAMATION
RECOGNIZING SEPTEMBER J 6'fH
AS NATIONAL STEPFAMJLY DAY
WHEREAS, National Stepfamily Day is enhanced by our strong commitment to support the stepfamilies of our Nation in their mission to raise their children, create strong family structures to support the individual members of the family, and instill in them a sense of responsibility to all extended family members; and WHEREAS:, approxi.mately half of all Americans are currently involved in some form of stepfamily relationship and it is the vision of Christy Tusing-Borgeld and the Stepfamily Foundation that all stepfamilies in the United States be accepted, supported and successful; and
WHEREAS., California has been blessed by thousands upon thousands of loving stepparents and stepchildren who are daily reminders of the joy, trials, and triumphs of the stepfamily experience and of the boundless tove contained in the bond between all types of parents and children; and
WHEREAS, National Stepfamily Day is a day to cetebmte the many invaluable contributions stepfamilies have made to enriching the lives and life experience of the children and parents of America and to strengthening: the fabric of American families and society.
NOW, THEREFORE, BB IT PROCLAIMED, that the Mayor and City Council Members of the City of Los Banos do hereby proclaim September 16th, 2022 as National Stepfamily Day and recognize the step/amities of America for being a valuable part of today's society through love and guidance for our Nation's children ..
In witness whereof, I have hereunto set my hand
and caused to be affixed the seal of the City of
Los Banos, this 21st day of September 2022.
APPROVED:
Ma:nuel Thomas Faria llI, Mayor
ATI'EST:
Lucille L. Mallonee, City Clerk
9 THIS PAGE IS INTENTIONALLY LEFT BLANK
10 CERTIFICATE OF RECOGNITION
<Presentecl 'To
JOSIAH MARDIROSIAN
Police Officer - Los Banos Police Department
In recognition of your outstanding peiformance
ancl cledicatecl service to the City of Los (}3anos ana for6eing namea"P,mpfoyee of the :Month"for J-1.ugust 2022. 7vf.anue{<fnomas Paria III, 7vf.ayor
(Dated: Septem6er 21, 2022
LOsBanos
Crossroads of California
11 CERTIFICATE OF RECOGNITION
<Presented <To
FINANCE DEPARTMENT STAFF
City of Los Banos
In recognition of your outstanding peiformance and dedicated service to tfie City of Los <Banos and for receiving -for tfie 8th consecutive year - tfie (}overnment Pinance Officers .Jlssociation 's "Certificate of .Jlcfiievement for~e{Cence in Pinancia{(}l§porting"for fisca{ year 2020-2021. :Manue{'Inomas <Faria III, :Mayor
(J)atea: Septem6er 21, 2022
LOsBanos
At 1"~'' of California
12 CERTIFICATE OF APPRECIATION
<.Presented CJ'o
DUTCH BROS
Los Banos
In appreciation of the support it has shown to the youth of Los <Banos 6y participating in a fundraising day where a portion of a{{ safes was donated for youth recreationa{ sports programs in the City of Los <Banos. 914.anue{<Tfiomas Paria III, 914.ayor
(J)atea: Septem6er 21, 2022
LOsBanos
At tile Crossroads of California
13 THIS PAGE IS INTENTIONALLY LEFT BLANK
14 CK# 234510 - # 235084 09/21/2022 $2'1616'1647.18
Bank Reconciliation
LOs Checks by Date Banos
User: jcanchola Al 1t.t· C,· }SSHlQ(f,', <!I c,ll/.for~1 h Printed: 09/13/2022 - 2:13PM
Cleared and Not Cleared Checks
Print Void Checks
Check Check Date Name Module Void Amount
234510 8/16/2022 Alhambra AP 226.77
234511 8/16/2022 All American Plumbing AP 1,504.62
234512 8/16/2022 Alfredo Alvarez AP 236.25
234513 8/16/2022 Anthony Gomes AP 1,100.00
234514 8/16/2022 Apex Annex Health Center, Inc. AP 314.00 234515 8/16/2022 Aramark AP I 71.22
234516 8/16/2022 Aramark Uniform Ser Inc AP 373.94
234517 8/16/2022 AramarkUniform & Career Apparel Group, Inc. AP 283.52 234518 8/16/2022 Ascent Aviation Group, Inc. AP 33,364.36 234519 8/16/2022 AT&T Mobility AP 4,631.18
234520 8/16/2022 AT&T AP 1,212.55
234521 8/16/2022 AT&T AP 212.58
234522 8/16/2022 American Array AP 301.00
234523 8/16/2022 Barton Overhead Door Inc AP 397.02
234524 8/16/2022 Richard A Blak Phd AP 1,800.00
234525 8/16/2022 Brinks Inc. AP 108.66
234526 8/16/2022 BSK Associates AP 833.00
234527 8/16/2022 Ca Dept of Justice AP 2,829.00
234528 8/16/2022 Central Valley Cardiovascular Group Inc. AP 200.00 234529 8/16/2022 Central Valley Toxicology, Inc AP 78.00 234530 8/16/2022 Challenger Teamwear AP 14,678.97
234531 8/16/2022 Oscar Covarrubias AP 500.00
234532 8/16/2022 Manuel A Avila AP 638.64
234533 8/16/2022 Central Sanitary Supply AP 127.87
234534 8/16/2022 Cook's Communications Corp. AP 424.13
234535 8/16/2022 Custom Locksmith & Alarm Inc. AP 196.42 234536 8/16/2022 Dept of Transportation AP 6,650.95
234537 8/16/2022 E & J Elite Plumbing AP 2,000.00
234538 8/16/2022 Employment Development Dept AP 4,584.00 234539 8/16/2022 F S Rod Inc AP 6,703.75
234540 8/16/2022 Federal Express Corporation AP 23.70
234541 8/16/2022 Galls Inc AP 161.26
234542 8/16/2022 Hach Company AP 1,445.80
234543 8/16/2022 Halcyon Creek Inc. AP 1,336.07
234544 8/16/2022 Henley Pacific, LLC AP 132.67
234545 8/16/2022 Kalmikov Enterprises, Inc AP 327.94
234546 8/16/2022 Kully Supply, Inc. AP 938.10
234547 8/16/2022 Laboratory Corporation of America Holdings AP 451.00 234548 8/16/2022 TimJLaw AP 5,300.00
234549 8/16/2022 Liebert Cassidy Whitmore AP 1,853.00
234550 8/16/2022 Lucas Business Systems AP 1,825.15
234551 8/16/2022 Mark Thomas & company. Inc. AP 2,365.77 234552 8/16/2022 Marfab Inc AP 286.60
234553 8/16/2022 Oscar Daniel Figueroa Martinez AP 500.00 15 234554 8/16/2022 Merced County Auditor Controller AP 515.00 234555 8/16/2022 Merced Truck & Trailer Inc AP 380.57
234556 8/16/2022 Municipal Maintenance Equipment, Inc. AP 668.55 234557 8/16/2022 NDN International LLC AP 1,299.00
234558 8/16/2022 Normacinc AP 976.22
234559 8/16/2022 The Office City AP 280.34
234560 8/16/2022 O'Reilly Auto Parts AP 2,051.07
234561 8/16/2022 PG&E Company AP 9.86
234562 8/16/2022 Provost and Pritchard Engineering, Inc. AP 255.20 234563 8/16/2022 Protech Security & Electronics, Inc. AP 99.00 234564 8/16/2022 Razzari Ford AP 26.82
234565 8/16/2022 RC Pacific Constructin, Inc. AP 907.70 234566 8/16/2022 SNAPCD AP 227.00
234567 8/16/2022 Save Mart Supermarkets AP 51.55
234568 8/16/2022 Shred-It USN LLC AP 1,086.97
234569 8/16/2022 Sorensens True Value AP 618.39
234570 8/16/2022 Sorensens True Value AP 113.67
234571 8/16/2022 Superior Pool Products, LLC AP 10,320.96 234572 8/16/2022 Terryberry Company LLC AP Void 103.19
234573 8/16/2022 Triangle Rock Products AP 25,488.68
234574 8/16/2022 Tyler Technologies, Inc. AP 585.00
234575 8/16/2022 United Rotary Brush Corp. AP 13,344.42 234576 8/16/2022 United Site Services, Inc. AP 133.25
234577 8/16/2022 USA Blue Book AP 1,519.22
234578 8/16/2022 Manuel D. Vaz AP 433.83
234579 8/16/2022 Verizon Wireless AP 1,674.63
234580 8/16/2022 Westside Water Conditioning AP 75.37
234581 8/16/2022 West Publishing Corporation AP 404.20
234582 8/16/2022 Windecker Inc AP 5,203.46
234583 8/16/2022 Young's Air Conditioning AP 1,076.50
234584 8/16/2022 Youth Evolution Activites AP 4,010.50
234585 8/16/2022 Hector Aguilar Pena AP 100.00
234586 8/16/2022 Henry Alvarez AP 200.00
234587 8/16/2022 Jose Alvarez Garcia AP 200.00
234588 8/16/2022 Jenna Alves AP 200.00
234589 8/16/2022 Veronica Anguiano Gonzalez AP 104.91
234590 8/16/2022 Sara Araiza AP 200.00
234591 8/16/2022 Angelica Arellano AP 100.00
234592 8/16/2022 Michael Avila AP 42.76
234593 8/16/2022 Meagan Baldwin AP 200.00
234594 8/16/2022 Bryan Barba-Hernandez AP 104.91
234595 8/16/2022 Heriberto Betancourt AP 100.00
234596 8/16/2022 Yong Bush AP 200
.00
234597 8/16/2022 Zacarias Busio Vazquez AP 200.00
234598 8/16/2022 Michael and Megan Cardoza AP 100.00
234599 8/16/2022 Gretchen Carey AP 104.91
234600 8/16/2022 Jose Carrillo AP 200.00
234601 8/16/2022 Joel Casas AP 100.00
234602 8/16/2022 Teresa Castanon Aceves AP 200.00
234603 8/16/2022 Ana Castro AP 104.91
234604 8/16/2022 Century Communities AP 142.77
234605 8/16/2022 Mingtung Chao AP 100.00
234606 8/16/2022 Julian Cortes AP 200.00
234607 8/16/2022 Micah Costello AP 200.00
16 234608 8/16/2022 Phillip Cota AP 90.67
234609 8/16/2022 D.R. Horton AP 150.94
234610 8/16/2022 D.R. Horton AP 150.15
23461 I 8/16/2022 De La Torre Properties AP 200.00
234612 8/16/2022 De La Torre Properties AP 200.00
234613 8/16/2022 Albert Delgado AP 200.00
234614 8/16/2022 Jesus Delgado AP 100.00
234615 8/16/2022 Roberto Diaz AP 100.00
234616 8/16/2022 Dihana Duran AP 200.00
234617 8/16/2022 Gerardo Duran Cabrera Jr AP 200.00
234618 8/16/2022 Jose Duran Pelcastre AP 100.00
234619 8/16/2022 Aleksey and Arina Dvorkin AP 100.00
234620 8/16/2022 Guillermo Escoto AP 100.00
234621 8/16/2022 Travis Fitzpatrick AP 104.91
234622 8/16/2022 Gary & Sharon Fontaine AP 200.00
234623 8/16/2022 Barbara Freitas AP 104.91
234624 8/16/2022 Linda Garcia AP 200.00
234625 8/16/2022 Irene Gentry AP 104.91
234626 8/16/2022 Daniela Gomez Garzon AP 200.00
234627 8/16/2022 Adrian Gonzalez AP 200.00
234628 8/16/2022 Felipe & Denise Gonzalez AP 200.00
234629 8/16/2022 Ignacio Gonzalez AP 104.91
234630 8/16/2022 Jose Guerrero AP 100.00
234631 8/16/2022 Juan Francisco Guitron AP 104.91
234632 8/16/2022 Kenneth Guyton AP 81.77
234633 8/16/2022 Fred Guzzi AP 200.00
234634 8/16/2022 Emily Heng AP 200.00
234635 8/16/2022 Veronica Hernandez AP 104.91
234636 8/16/2022 Brian Hinojosa Camacho AP 100.00
234637 8/16/2022 Marilyn Hyland AP 127.90
234638 8/16/2022 Iglesia De Dios AP 100.00
234639 8/16/2022 David Inga Dominguez AP 200.00
234640 8/16/2022 Shawn Ireland AP 200.00
234641 8/16/2022 Manuel Jauregui Villalobos AP 104.91
234642 8/16/2022 Malherbe Jean- Pierre AP 127.90
234643 8/16/2022 Marcia Knittel AP 100.00
234644 8/16/2022 Cynthia Koch AP 100.00
234645 8/16/2022 Michelle & Jose Limon AP 100.00
234646 8/16/2022 Xiaoliang Liu AP 200.00
234647 8/16/2022 Magali Maddy AP 200.00
234648 8/16/2022 Georgina Mandujano Rosales AP 200.00
234649 8/16/2022 Claudio Mariscal Villarreal AP 200.00
234650 8/16/2022 Yesenia Marquez AP 200.00
234651 8/16/2022 Anthony Medeiros, Jr. AP 92.06
234652 8/16/2022 Susana Medina AP 55.84
234653 8/16/2022 Jimmy Mejia AP 100.00
234654 8/16/2022 Tomas Mena AP 103.13
234655 8/16/2022 George Mendez AP 200.00
234656 8/16/2022 Enrique Mendoza AP 200.00
234657 8/16/2022 Mayra Mendoza AP 100.00
234658 8/16/2022 William Napier AP 100.00
234659 8/16/2022 Calixto Nevarez Melero AP 100.00
234660 8/16/2022 Juan Niebla Roman AP 200.00
234661 8/16/2022 Rosie Ojeda AP 101.87
17 234662 8/16/2022 Fabiola Olea Iniguez AP 200.00
234663 8/16/2022 Catalina Pacheco De Jimenez AP 104.91
234664 8/16/2022 Joseph Paredas AP 100.00
234665 8/16/2022 David Parks AP 100.00
234666 8/16/2022 Laura Parman AP 200.00
234667 8/16/2022 Cecilia Parra AP 139.82
234668 8/16/2022 Louis & Barbara Parreira AP 14.55
234669 8/16/2022 Parreira Properties AP 154.20
234670 8/16/2022 Joshua Perkins AP 104.91
234671 8/16
/2022 Jesus Preciado Eusebio AP 200.00
234672 8/16/2022 Isabel Quistian AP 200.00
234673 8/16/2022 Laura Richards AP 100.00
234674 8/16/2022 Pamela Rinauro AP 200.00
234675 8/16/2022 Sofia Rocha AP 103.13
234676 8/16/2022 Ebelin Rodriguez AP 200.00
234677 8/16/2022 Ryan Romero AP 100.00
234678 8/16
/2022 Huda Sabih AP 93.38
234679 8/16/2022 Juan Sanchez AP 100.00
234680 8/16/2022 Mariana Santacruz AP 136
.99
234681 8/16/2022 Linda Schwartz AP 200.00
234682 8/16/2022 Michael Segoviano AP 152.87
234683 8/16/2022 Jose Luis Servin Arredondo AP 100.00
234684 8/16/2022 William Simon Perez AP 200.00
234685 8/16/2022 Raj Singh AP 200.00
234686 8/16/2022 Sloan Cattle Company AP 22.17
234687 8/16/2022 Nathan St. Marie AP 100.00
234688 8/16/2022 Eva Tapia AP 134.58
234689 8/16/2022 Pravin Thakkar AP 200.00
234690 8/16/2022 Paulina Torres AP 154.21
234691 8/16/2022 Jacob Velazquez-Ortiz AP 100.00
234692 8/16/2022 Mary Wren AP 200
.00
234693 8/16/2022 Pauline Young AP 104.91
234694 8/16/2022 Noe Zamora Guerrero AP 155.02
234695 8/16/2022 Sarah Sanchez AP 73.38
234696 8/16/2022 Jana Sousa AP 28.65
234697 8/16/2022 State Water Resources Control Board AP 50.00 234698 8/16/2022 US Bank Corp Pymt System AP 19,247.90
234699 8/16/2022 Gregory Wellman AP 57
.83
234700 8/16/2022 Gregory Wellman AP 450.00
234701 8/16/2022 Xerox Financial Services AP 2,464.46
234707 8/22/2022 Aflac-Customer Service AP 389.10
234708 8/22/2022 AFSCME District Council 57 AP 1,336.24 234709 8/22/2022 Condor Earth Technologies, Inc. AP 2,783.50 234710 8/22/2022 Los Banos Fitness & AP 345.00
234711 8/22/2022 Los Banos Police Assn AP 945.00
234712 8/22/2022 Los Banos Police Assn AP 245.00
234713 8/22/2022 MassMutual AP 1,019.36
234714 8/22/2022 MassMutual AP 3,505.00
234715 8/22/2022 Nationwide Retirement Solutions AP 4,635.00 234716 8/22/2022 Professional Fire Fighter AP 975.00
234717 8/22/2022 SHI International Corp AP 4,650.00
234718 8/22/2022 State Disbursement Unit AP 937.50
234719 8/22/2022 State Water Resources Control Board AP 60.00 234720 8/22/2022 State Water Resources Control Board AP 105.00 18 234721 8/22/2022 Vantagepont Transfer Agents
- 306797 AP 415.15
234722 8/22/2022 Vantagepoint Transfer Agents
- 801838 AP 5,700.00
234723 8/22/2022 Westamerica Bank- Cafeteria Plan AP 75,312.09 234724 8/23/2022 Gregory Almeida AP 75.47
234725 8/23/2022 Amsoil Inc. AP 4,983.39
234726 8/23/2022 Anthony Gomes AP 2,005.68
234727 8/23/2022 Apex Annex Health Center, Inc. AP 303.00 234728 8/23/2022 Aramark Uniform Ser Inc AP 1,473.85
234729 8/23/2022 AT&T Mobility AP 166.05
234730 8/23/2022 AT&T AP 601.50
234731 8/23/2022 Bartel Associates, LLC AP 8,128.00
234732 8/23/2022 Barton Overhead Door Inc AP 170.00
234733 8/23/2022 Before The Movie Inc. AP 5,895.00
234734 8/23/2022 Boot Barn AP 307.44
234735 8/23/2022 Brinks Inc. AP 1,660.17
234736 8/23/2022 Bruce's Tire Inc AP 4,753.28
234737 8/23/2022 BSK Associates AP 2,273.00
234738 8/23/2022 David M Campbell AP 13,289.25
234739 8/23/2022 CENCAL Machine & Fabrication Inc. AP 73.95 234740 8/23/2022 Central Valley Cardiovascular Group Inc. AP 200.00 234741 8/23/2022 Chabin Concepts, Inc. AP 10,031.25
234742 8/23/2022 Challenger Teamwear AP 1,035.95
234743 8/23/2022 Central Sanitary Supply AP 832.39
234744 8/23/2022 Central Valley Concrete Inc. AP 2,818.80 234745 8/23/2022 Clark Pest Control Inc AP 100.00
234746 8/23/2022 CPS AP 1,661.50
234747 8/23/2022 CSFEWBC-VLSA AP 2,100.00
234748 8/23/2022 CSG Consultants Inc. AP 74,233.96
234749 8/23/2022 LN Curtis & Sons AP 2,456.79
234750 8/23/2022 Electric Drives Inc AP Void 990.88
234751 8/23/2022 Farmer Brothers Coffee AP 88.92
234752 8/23/2022 Federal Express Corporation AP 22.66
234753 8/23/2022 Ferrellgas, Inc. AP 190.17
234754 8/23/2022 Government Revenue Solutions Holdings I, LLC AP 1,240.86 234755 8/23/2022 Halcyon Creek Inc. AP 84,149.08
234756 8/23/2022 Helena Chemical Co Inc AP 3,800.82
234757 8/23/2022 Henley Pacific, LLC AP 265.34
234758 8/23/2022 Brent Kuhn AP 13
,972.32
234759 8/23/2022 Laboratory Corporation of America Holdings AP 288.00 234760 8/23/2022 Lucas Business Systems AP 45.61
234761 8/23/2022 Mark Thomas & company. Inc. AP 60,593.30 234762 8/23/2022 Marfab Inc AP 91.48
234763 8/23/2022 Merced County Fire Department AP 11,044.00 234764 8/23/2022 Miracle Playsystems, Inc. AP 1,345.02
234765 8/23/2022 Monterey Auto Services Inc. AP 1,320.46 234766 8/23/2022 Monument Row, Inc. AP 38,607.41
234767 8/23/2022 Nichols-Melburg & Rossetto, AIA & Associates, Inc. AP 13,225.00 234768 8/23/2022 The Office City AP 2.90
234769 8/23/2022 OSE AP 244.75
234770 8/23/2022 O'Reilly Auto Parts AP 407.29
234771 8/23/2022 PG&E Company AP 372,116.72
234772 8/23/2022 PG&E Company AP 5.64
234773 8/23/2022 Pace Supply Corp. AP 902.03
234774 8/23/2022 Laura Posey AP 600.00
19 234775 8/23/2022 Quad Knopf, Inc. AP 558.00
234776 8/23/2022 Razzari Dodge Chrysler Jeep AP 563.80
234777 8/23/2022 Razzari Ford AP 2,660.12
234778 8/23/2022 Ronny's Inc. AP 300.00
234779 8/23/2022 San Joaquin Valley Drainage Authority AP 1,599.50 234780 8/23/2022 Sorensens True Value AP 560.48
234781 8/23/2022 Specialty Distributors, Inc. AP 168.48 234782 8/23/2022 Stantec Consulting Services, Inc. AP 7,146.75 234783 8/23/2022 Stommel, Inc. AP 286.01
234784
8/23/2022 Sun Ridge Systems, Inc. AP 43,029.00
234785 8/23/2022 Swinerton Builders AP 385,520.90
234786 8/23/2022 Terryberry Company LLC AP 600.81
234787 8/23/2022 Tyler Technologies, Inc. AP 3,000.00
234788 8/23/2022 USA Blue Book AP 216.17
234789
8/23/2022 Kim & Kathy Tram AP 69.16
234790 8/23/2022 D.R. Horton AP 144.62
234791 8/23/2022 RBG Construction AP 156.45
234792 8/23/2022 Dale Loyola AP 24.07
234793 8/23/2022 Meritage Homes AP 156.45
234794 8/23/2022 Nai & Vancing Schao AP 65.89
234795 8/23/2022 Westhill Property Mgmt AP 111.68
234796 8/23/2022 QinglongHu AP 147.66
234797 8/23/2022 D.R. Horton AP 143.82
234798 8/23/2022 Antonette Novello AP 55
.85
234799 8/23/2022 Zulma Rojas AP 113.12
234800 8/23/2022 Cathy Lam AP 18.08
234801 8/23/2022 Anderson Homes AP 22.99
234802 8/23/2022 Jose Jr. Delbosque AP 158.80
234803 8/23/2022 Home Sweet Home Property Management Co. AP 150.93 234804 8/23/2022 Ethan Conrad Properties AP 138.26
234805 8/23/2022 Alyssa Silva AP 11.25
234806 8/23/2022 RBG Construction AP 22.99
234807 8/23/2022 Phillip Yu AP 216.33
234808 8/23
/2022 MHP Builders Inc AP 22.99
234809 8/23/2022 MHP Builders Inc AP 179.44
234810 8/23/2022 Maria Correia AP 111.68
234811 8/23/2022 Meritage Homes AP 22.99
234812 8/23/2022 Meritage Homes AP 22.99
234813 8/23/2022 Meritage Homes AP 22.99
234814 8/23/2022 Meritage Homes AP 22
.99
234815 8/23
/2022 Meritage Homes AP 22.99
234816 8/23/2022 Meritage Homes AP 37.99
234817 8/23/2022 Meritage Homes AP 37.99
234818 8/23/2022 2240 E Pacheco TIC AP 136.13
234819
8/23/2022 Bernarda De La Rosa AP 136.60
234820 8/23/2022 Huong Vu AP 120.76
234821 8/23/2022 Vanir Construction Management, Inc. AP 46,887.36 234822
8/23/2022 Verizon Wireless AP 418.11
234823 8/23/2022 Vigilant Solutions, LLC AP 2,100.00
234824 8/23/2022 Windecker Inc AP 28,084.68
234825 8/26/2022 Apex Annex Health Center, Inc. AP 661.00 234826 8/26/2022 Aramark Uniform Ser Inc AP 487.00
234827
8/26/2022 AT&T AP 322.57
234828 8/26/2022 Bruce's Tire Inc AP 1,115.73
20 234829 8/26/2022 BSK Associates AP 226.00
234830 8/26/2022 Caliber Bodyworks, Inc. AP 2,822.39
234831 8/26
/2022 Central Sanitary Supply AP 40.94
234832 8/26/2022 Comcast AP 370.74
234833 8/26/2022 Condor Earth Technologies, Inc. AP 717.00 234834 8/26/2022 Century Communities AP 20.00
234835 8/26/2022 Edges Electrical Group, LLC AP 585.71
234836
8/26/2022 Electric Drives Inc AP 530.17
234837 8/26/2022 Farmer Brothers Coffee AP 127.12
234838
8/26/2022 Fun Express LLC AP 640
.57
234839 8/26/2022 Galvin Preservation Associates, Inc. AP 14,049.85 234840 8/26/2022 Gouveia Engineering Inc. AP 51,055
.14
234841 8/26/2022 Granite Rock Company AP 5,500.00
234842 8/26/2022 Golden Valley Health Centers AP 500.00 234843
8/26/2022 Hach Company AP 993.89
234844 8/26/2022 Halcyon Creek Inc. AP 7,821.01
234845
8/26/2022 Henley Pacific, LLC AP 306
.45
234846 8/26/2022 Index Products Inc. AP 328.00
234847
8/26/2022 lnfoSend
Inc. AP 1,249
.53
234848
8/26
/2022 Marfab Inc AP 86.35
234849 8/26/2022 Max's Auto & Truck Repair AP 740.00
234850
8/26/2022 Merced County Auditor Controller AP 277.50
234851 8/26/2022 Merced Truck & Trailer Inc AP 38.34
234852
8/26/2022 Miracle Playsystems, Inc. AP
1,117.96
234853 8/26/2022 The Office City AP 1,724.07
234854 8/26/2022 OSE AP 41.54
234855
8/26/2022
O'Reilly Auto Parts AP 564.40
234856 8/26/2022 OTC Brands, Inc. AP 39.31
234857
8/26
/2022 Pace Supply Corp. AP 2,421
.29
234858 8/26/2022 Pinnacle Medical Group, Inc. AP 85.00
234859
8/26/2022 PlaceWorks, Inc. AP 17
,238.23
234860 8/26/2022 Provost and Pritchard Engineering, Inc. AP 15,990.00 234861 8/26/2022 Purchase Power Inc AP 3,030.00
234862
8/26/2022 Sherwin Williams Co AP 714.19
234863 8/26/2022 Sorensens True Value AP 477.44
234864 8/26
/2022 Superior Pool Products, LLC AP 2,818
.31
234865 8/26/2022 Talley Oil Inc. AP 1,693.83
234866
8/26/2022 Terryberry Company LLC AP 129.25
234867
8/26/2022 Terminix Processing Center AP
1,202.52
234868 8/26/2022 Triangle Rock Products AP 14,204.53
234869
8/26/2022 TI Technologies, Inc. AP 8,486.44
234870 8/26/2022 Century Communities AP 167.58
234871
8/26
/2022 Meritage Homes AP 154.87
234872 8/26/2022 Meritage Homes AP 149.63
234873
8/26/2022 Lilibeth Licona AP 121.50
234874
8/26/2022 W esthill Property Mgmt AP 173.83
234875 8/26/2022 Maria Zarco AP 105.14
234876 8/26
/2022 Nancy Pasillas AP 114
.95
234877 8/26/2022 RBG Construction AP 147.84
234878
8/26/2022 RBG Construction AP 124
.96
234879 8/26/2022 Court of Fountains, LLC AP 167.50
234880
8/26/2022 RBG Construction AP 147.84
234881
8/26/2022 Verizon Wireless AP 152.04
234882 8/26/2022 Westside Water Conditioning AP 62.32
21 234883 8/26/2022 Bradley Bascue AP 163.11
234884 8/26/2022 Anthony Centeno AP 39.00
234885 8/26/2022 Liebert Cassidy Whitmore AP 2,945.00
234886 8/26/2022 Gerald "Obie" O'Brien AP 77.14
234887 8/26/2022 State Water Resources Control Board AP 65.00 234888 8/26/2022 Law Offices of William A Vaughn AP 11,424.02 234889 8/26/2022 Law Offices of William A Vaughn AP 12,600.00 234898 9/1/2022 Aflac-Customer Service AP 329.91
234899 9/1/2022 AFSCME District Council 57 AP 1,339.84
234900 9/1/2022 Brett Jones AP 525.25
234901 9/1/2022 Kenneth Lambert AP 525.25
234902 9/1/2022 Deborah Lewis AP 164.00
234903 9/1/2022 Los Banos Police Assn AP 245.00
234904 9/1/2022 Los Banos Police Assn AP 910.00
234905 9/1/2022 MassMutual AP 1,329.67
234906 9/1/2022 MassMutual AP 6,500.00
234907 9/1/2022 Nationwide Retirement Solutions AP 8,630.00 234908 9/1/2022 Professional Fire Fighter AP 900.00
234909 9/1/2022 State Disbursement Unit AP 937.50
234910 9/1/2022 Vantagepont Transfer Agents
- 306797 AP 415.15
234911 9/1/2022 V antagepoint Transfer Agents
- 801838 AP 6,300.00
234912 9/1/2022 William A. Vaughn AP 129.00
234913 9/1/2022 Gregory Wellman AP 525.25
234914 9/2/2022 Kasey Alim AP 87.50
234915 9/2/2022 Anthony Gomes AP 474.46
234916 9/2/2022 Aramark Uniform Ser Inc AP 394.34
234917 9/2/2022 AramarkUniform & Career Apparel Group, Inc. AP Void 862.25 234918 9/2/2022 AT&T Mobility AP 4,523.82
234919 9/2/2022 AT&T AP 692.72
234920 9/2/2022 AT&T AP 201.88
234921 9/2/2022 BSK Associates AP 464.00
234922 9/2/2022 Michelle Basta AP 350.00
234923 9/2/2022 Capital One AP 487.75
234924 9/2/2022 CDTF A California Dept. of Tax & Fee AP 1,669.00 234925 9/2/2022 Central Valley Cardiovascular Group Inc. AP 230.00 234926 9/2/2022 Central Valley Toxicology, Inc AP 85.00 234927 9/2/2022 Manuel A Avila AP 420.50
234928 9/2/2022 Central Sanitary Supply AP 322.63
234929 9/2/2022 Coffee Break Service Inc. AP 218.80
234930 9/2/2022 Comcast AP 8.03
234931 9/2/2022 Cook's Communications Corp. AP Void 288.39 234932 9/2/2022 Copy Shipping Solutions AP 551.35
234933 9/2/2022 Craigo Investments Inc. AP 966
.55
234934 9/2/2022 Creative Voice and Data Networks, Inc. AP 255.00 234935 9/2/2022 Century Communities AP 399.13
234936 9/2/2022 D & D Pest Control AP 177.00
234937 9/2/2022 DeVault Electric Products, Inc. AP 315.42 234938 9/2/2022 Electric Drives Inc AP 402.50
234939 9/2/2022 Federal Express Corporation AP 53.66
234940 9/2/2022 Fresno City College AP 276.00
234941 9/2/2022 Galls Inc AP 99.87
234942 9/2/2022 GoTo Communications, Inc. AP 3,109.72
234943 9/2/2022 Great Valley Supply AP 180.97
234944 9/2/2022 Helena Chemical Co Inc AP 1,848.75
22 234945 9/2/2022 Henley Pacific, LLC AP 285.27
234946 9/2/2022 Home Depot AP 8,469.99
234947 9/2/2022 Jorgensen & Sons Inc. AP 295.30
234948 9/2/2022 KD Medical Group, Inc. AP 98.00
234949 9/2/2022 TimJLaw AP 2,000.00
234950 9/2/2022 Steve Macillas AP 201.25
234951 9/2/2022 Marfab Inc AP 122.11
234952 9/2/2022 Oscar Daniel Figueroa Martinez AP 200.00 234953 9/2/2022 Susana Mendoza AP 1,285.00
234954
9/2/2022 Merced MRI Medical Group AP 65
.00
234955 9/2/2022 Merced Truck & Trailer Inc AP 10.45
234956 9/2/2022 NDN International LLC AP
4,830.93
234957 9/2/2022 OSE AP 458.40
234958 9/2/2022 O'Reilly Auto Parts AP 817.74
234959
9/2/2022 PG&E Company AP 14,833.40
234960 9/2/2022 Pace Supply Corp. AP 220.87
234961
9/2/2022 Penguin Management Inc. AP
1,560
.00
234962 9/2/2022 Provost and Pritchard Engineering, Inc. AP 4,684.10 234963 9/2/2022 Ralph Anderson & Associates AP 10
,000.00
234964 9/2
/2022 Ronny's Inc. AP 940.00
234965 9/2/2022 Safe T Lite of Modesto, Inc. AP 258.63
234966 9/2/2022 Domingo Sandoval AP 500.00
234967 9/2/2022
Save Mart Supermarkets AP 41.02
234968
9/2/2022 Sherwin Williams Co AP 215.87
234969 9/2/2022
***DO NOT USE*** Snap On Tools AP 137.30
234970 9/2/2022 Sorensens True Value AP 722.50
234971 9/2
/2022 Sorensens True Value AP 107.30
234972 9/2/2022 Superior Pool Products, LLC AP 6,428.31 234973 9/2/2022 Terryberry Company LLC AP
1,237.36
234974 9/2/2022 Tractor Supply Credit Plan AP 538.22
234975
9/2/2022 Meritage Homes AP 194.53
234976
9/2/2022 Christopher Foley AP 34.80
234977 9/2/2022 Coral Amezcua AP 88.79
234978 9/2/2022
D.R. Horton AP 119.34
234979 9/2/2022 D.R. Horton AP 120.92
234980
9/2/2022 Chandra Worthy AP 126.89
234981 9/2/2022 Jeremy Eslinger AP 7.73
234982
9/2/2022 Meritage Homes AP 196.90
234983
9/2/2022 Jose Vasquez AP 14.95
234984 9/2/2022 Antonette Novello AP 87.10
234985
9/2/2022 Huong Vu AP 79.24
234986 9/2/2022 Vanir Construction Management, Inc. AP 52,483.53 234987
9/2/2022 Verizon Wireless AP
1,424
.01
234988 9/2/2022 Windecker Inc AP 8,245.49
234989
9/2/2022 Young's Air Conditioning AP
1,688.00
234990 9/2
/2022 Todd Baker AP 360.00
234991 9/2/2022 Sara Blevins AP 340.00
234992 9/2/2022 CSG Consultants Inc. AP 10,835.00
234993 9/2/2022 City of Los Banos Escrow Account AP 2,223.11 234994
9/2/2022 City of Los Banos Escrow Account AP 2,467.40
234995 9/2/2022 Liebert Cassidy Whitmore AP 1,250.00
234996 9/2/2022 Premier Access Insurance Co. AP 20,004.88 234997
9/2/2022 Ronny's Inc. AP 44,382.16
234998 9/2/2022 Ronny's Inc. AP 101,723.17
23 234999 9/2/2022 Ronny's Inc. AP 11,210.22
235000 9/2/2022 Save Mart Supermarkets AP 19.99
235001 9/2/2022 Rosemarie Souto - Pettycash AP 69.97
235002 9/2/2022 Sun Life Financial AP 6,147.15
235003 9/2/2022 TargetSolutions Learning LLC AP 1,600.00 235004 9/9/2022 Alhambra AP 204.49
235005 9/9/2022 Gregory Almeida AP 283.84
235006 9/9/2022 Anderson Pump Company Inc AP 3,250.00
235007 9/9/2022 Animal Damage Management, Inc. AP 4,325.00 235008 9/9/2022 Aramark Uniform Ser Inc AP Void 1,110.49 235009 9/9/2022 AT&T AP 307.40
235010 9/9/2022 AT&T AP 52.79
235011 9/9/2022 Dorothy June Baker AP 32.55
235012 9/9/2022 Barton Overhead Door Inc AP 1,836.00
235013 9/9/2022 Borelli Real Estate Service, Inc. AP 90.00 235014 9/9/2022 Brinks Inc. AP 1,088.23
235015 9/9/2022 Bruce's Tire Inc AP 812.99
235016 9/9/2022 Cal Traffic AP 1,564.93
235017 9/9/2022 CENCAL Machine & Fabrication Inc. AP 108.78 235018 9/9/2022 Oscar Covarrubias AP 250.00
235019 9/9/2022 Manuel A Avila AP 234.17
235020 9/9/2022 Cook's Communications Corp. AP 288.39
235021 9/9/2022 CSG Consultants Inc. AP 64,943.75
235022 9/9/2022 Custom Locksmith & Alarm Inc. AP 237.63 235023 9/9/2022 Edges Electrical Group, LLC AP 16,642.21 235024 9/9/2022 Employee Relations, Inc. AP 50.00
235025 9/9/2022 ESO Solutions, Inc. AP 6,679.55
235026 9/9/2022 Fastenal Company AP 187.37
235027 9/9/2022 Fast Track Car Wash AP 448.00
235028 9/9/2022 Gary's Rent A Can, Inc. AP 590.33
235029 9/9/2022 Halcyon Creek Inc. AP 216.89
235030 9/9/2022 Holt of California AP 2,506.22
235031 9/9/2022 InfoSend Inc. AP 7,064.67
235032 9/9/2022 Jerry Witt AP 2,389.00
235033 9/9/2022 Kalmikov Enterprises, Inc AP 265.15
235034 9/9/2022 Kimball Midwest AP 208.19
235035 9/9/2022 Brent Kuhn AP 14,787.98
235036 9/9/2022 Lucas Business Systems AP 1,481.28
235037 9/9/2022 Marfab Inc AP 93.15
235038 9/9/2022 Merced County Regional Waste Management Authority AP 4,508.40 235039 9/9/2022 Monterey Auto Services Inc. AP 142.84
235040 9/9/2022 Monument Row, Inc. AP 10,051.82
235041 9/9/2022 Genevieve Martinez AP Void 500.00
235042 9/9/2022 Napa Auto Parts of Los Banos AP 14.68
235043 9/9/2022 The Office City AP 128.33
235044 9/9/2022 O'Reilly Auto Parts AP 495.87
235045 9/9/2022 PG&E Company AP 198,037.30
235046 9/9/2022 Pinnacle Medical Group, Inc. AP 115.00
235047 9/9/2022 Pitney Bowes Inc AP 473.25
235048 9/9/2022 Protech Security & Electronics, Inc. AP 358.51 235049 9/9/2022 Razzari Dodge Chrysler Jeep AP 2,574.28 235050 9/9/2022 Reginald Robinson AP 500.00
235051 9/9/2022 Safe T Lite of Modesto, Inc. AP 11,142.48 235052 9/9/2022 Safety-Kleen Systems, Inc. AP 390.00
24 235053 9/9/2022 Save Mart Supennarkets AP 172.20
235054 9/9/2022 Sherwin Williams Co AP 327.75
235055 9/9/2022 Sorensens True Value AP 869.61
235056 9/9/2022 Sorensens True Value AP 57.57
235057 9/9/2022 Terryberry Company LLC AP 340.78
235058 9/9/2022 Angie Quintero Bojorquez AP 10.29
235059 9/9/2022 Blossom Valley Realty AP 177.11
235060 9/9/2022 Meritage Homes AP 192.15
235061 9/9/2022 Ming Fan AP 141.12
235062 9/9/2022 Luis Ortiz AP 111.68
235063 9/9/2022 Aurora Plancarte AP 111.68
235064 9/9/2022 Magda Coronado AP 13.55
235065 9/9/2022 Maria Sanchez AP 118.23
235066 9/9/2022 NiziaLeal AP 118.23
235067 9/9/2022 Jubis Gonzalez Martinez AP 141.76
235068 9/9/2022 Century Communities AP 158.88
235069 9/9/2022 Michael Munoz AP 62.62
235070 9/9/2022 Home Sweet Home Property Management Co. AP 134.58 235071 9/9/2022 Jose Agustin AP 46.26
235072 9/9/2022 Johnny & Araceli Fabian AP 32.53
235073 9/9/2022 Lisette Tovar AP 144.39
235074 9/9/2022 Maria De La Torre AP 144.39
235075 9/9/2022 Properties 152, LLC AP 46.26
235076 9/9/2022 Wei Chen AP 27.24
235077 9/9/2022 Century Communities AP 157.30
235078 9/9/2022 Windecker Inc AP 32,533.58
235079 9/9/2022 Luis Beltran AP 215.00
235080 9/9/2022 Manuel Thomas Faria III AP 45.00
235081 9/9/2022 Miguel A Morales AP 3,050.00
235082 9/9/2022 Miriam Rivas AP 60.00
235083 9/9/2022 Juan Soriano AP 60.00
235084 9/9/2022 US Bank Corp Pymt System AP 48,119.69
Break in check sequence due to the following: Total Void Check Count: 6 Check# 234702 - # 234706 (Payroll) Total Void Check Amount: 3,855.20 Check # 234890 - # 234897 (Payroll) Total Valid Check Count: 556 Total Valid Check Amount: 2,612,791.98
Total Check Count: 562
Total Check Amount: 2,616,647.18
25 THIS PAGE IS INTENTIONALLY LEFT BLANK
26 CITY OF LOS BANOS
SPECIAL CITY COUNCIL MEETING MINUTES
AUGUST 17, 2022
ACTION MINUTES - These minutes are prepared to depict action taken for agenda items presented to the City Council. For greater detail of this meeting refer to the electronic media (CD and/or audio) kept as a permanent record.
SPECIAL NOTE: This meeting was held by teleconference due to the in accordance with Assembly Bill 361.
CALL TO ORDER: Mayor Pro Tern Lambert called the City Council Meeting to order at the hour of 3:15 p.m.
PLEDGE OF ALLEGIANCE: The pledge of allegiance was led by Police Chief Brizzee.
ROLL CALL - MEMBERS OF THE CITY COUNCIL PRESENT: Council Members Brett Jones, Kenneth Lambert, Deborah Lewis, Refugio Llamas; Absent: Mayor Tom Faria.
STAFF MEMBERS PRESENT: City Attorney Vaughn, City Clerk/Human Resources Director Mallonee, Police Chief Brizzee, Community & Economic Development Director Elms.
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, Faria absent.
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. Mayor Pro Tern Lambert opened the public forum and asked those present on the Zoom meeting if they would like to speak:
KA THY BALLARD inquired as to if they have questions during the interviews can they ask or can she just watch for which City Clerk/Human Resources Director explained the process will just include prepared questions from the City Council to each recruitment firm and there is no opportunity for the public to ask questions; ANN McCAULEY, Los Banos, reading from a prepared letter that is on file with the City Clerk, stated that because the City Council will be changing with the upcoming election that the present City Council should choose the next City Manager and hold off on that until the new City Council is seated. Mayor Pro Tern Lambert asked if there were any written comments received and City Clerk Mallonee stated that she received no comments to be read into the record. No one else came forward to speak and the public forum was closed.
CONDUCT INTERVIEWS FOR THE SELECTION OF AN EXECUTIVE SEARCH FIRM TO ASSIST THE CITY COUNCIL IN THE RECRUITMENT OF A NEW CITY MANAGER; CITY COUNCIL RESOLUTION NO. 6534 - AUTHORIZING THE INTERIM CITY 27 MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT FOR CITY MANAGER RECRUITMENT SERVICES. City Clerk/Human Resources Director presented the staff report, explaining the interview process, and then introduced each firm: Koff & Associates, ProRecruiters, and Sectaris who in turn introduced themselves, followed by pre-determined questions from each City Council Member.
Council Members Jones stated that he needs more time to decide and he is not ready to vote on this item. Mayor Pro Tern Lambert suggested that if we could schedule a Closed Session August 25, 2022 so that Mayor Faria could be in on this vote. City Attorney Vaughn stated that it is the pleasure of the City Council to move forward or not, this is not something that can be done in Closed Session, you can call a Special Meeting to discuss this, because it is on video it would give Mayor Faria the opportunity to watch the interviews. Council Member Lewis states that she feels not going forward right now is a stall tactic and would like move this forward but not 2-3 weeks. Council Member Jones stated that we should not be taking this recruitment lightly and he needs more time to decide and would like to have five (5) votes on this.
Motion by Llamas, seconded by Lewis to proceed as indicated on the agenda. The motion failed by the following roll call vote: AYES: Lewis, Llamas; NOES: Jones, Lambert; ABSENT: Faria.
Motion by Jones, seconded by Lambert to bring this item back at another meeting to make a vote on the recruitment firm when all five (5) members of the City Council are available and Greg Wellman can help schedule that meeting. The motion carried by the affirmative action of all Council Members present. The motion carried by the following roll call vote:
AYES: Jones, Lambert, Lewis, Llamas; NOES: None; ABSENT: Faria.
ADJOURNMENT. The meeting was adjourned at 4:51 p.m.
APPROVED:
Kenneth Lambert, Mayor Pro Tern
ATTEST:
Lucille L. Mallonee, City Clerk
28 CITY OF LOS BANOS
CITY COUNCIL MEETING MINUTES
AUGUST 17, 2022
ACTION ltltNUTES - These minutes are prepared to depict action taken for agenda Items presen'ted to the City Councll. For detaH ol this meeting refer to the electronic media (CD and/or audio) kept as a permanent record.
CALL TO ORDER: Mayor Pro Tern Lambert called the City Council Meeting to order at the hour of 6:01 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; ABSENT: Mayor Manuel Thomas Faria Ill.
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 CONSIDERATION OF APPROVAL OF AGENDA: Motion by Jones, seconded by Llamas to approve the agenda as submitted. The motion carried by the affirmative action of all Council Members present, Faria absent.
PRESENTATION - CERTIFICATES OF RECOGNITION - CERTIFICATE OF
RECOGNITION - MARIO INIGUEZ, MAINTENANCE MECHANIC I, CITY OF LOS BANOS EMPLOYEE OF THE MONTH FOR JULY 2022; CERTIFICATE OF
RECOGNITION - PETRINA GILARDI, LOS BANOS HIGH SCHOOL TRACK TEAM
ALL LEAGUE HONORS IN THE SAN JOAQUIN WESTERN ATHLETIC
CONFERENCE; CERTIFICATE OF RECOGNITION - SYDNEY ROBERTSON, LOS
BANOS HIGH SCHOOL TRACK TEAM ALL LEAGUE HONORS IN THE SAN JOAQUIN WESTERN ATHLETIC CONFERENCE: CERTIFICATE OF RECOGNITION - CRYSTAL HERNANDEZ, LOS BANOS HIGH SCHOOL TRACK TEAM ALL LEAGUE HONORS IN THE SAN JOAQUIN WESTERN ATHLETIC CONFERENCE;
CERTIFICATE OF RECOGNITION - BEN HOFFMAN, LOS BANOS HIGH SCHOOL
TRACK TEAM ALL LEAGUE HONORS IN THE SAN JOAQUIN WESTERN ATHLETIC CONFERENCE; CERTIFICATE OF RECOGNITION-EMMA VAN LOBEN SELS, LOS
BANOS HIGH SCHOOL FUTURE FARMERS OF AMERICA ACHIEVEMENTS AT SECTIONALS AND DAIRY CATTLE ENTREPRENEURSHIP:. Mayor Pro Tern Lambert presented and read the certificates for Mario Iniguez, Petrina Gilardi, Sydney Robertson, Crystal Hernandez, Ben Hoffman, Emma Van Loben Sels; Mario Iniguez, Sydney Robertson and Crystal Hernandez were present at the Council Meeting to accept the recognition.
29 PRESENTATION - SENATOR ANNA CABALLERO PRESENTATION REGARDING THE 2022 YOUNG LEGISLATORS PROGRAM. Dale Joyce, Representative with Senator Caballero's office spoke regarding what the Young Legislators Program offers and what the experience was like, which included a PowerPoint presentation.
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 Pro Tern Lambert opened the public forum and asked those at the meeting if they would like to speak.
JERRY KNOESTER, President of the Los Banos Chamber of Commerce, spoke regarding the upcoming events the Chamber is putting on: Los Banos Christmas Toy Drive, thanked Sutter Health for being a sponsor of the recent Tomato Festival, Fall Street Fair on September 17, 2022, Trunk or Treat on October 20, 2022, Christmas Parade - Christmas Nights Winter Nights on the first Saturday in December at 5:00 pm and how they are looking for sponsors; AMY BONILL~S. spoke on behalf of the homeless and in support of the homeless containment area and her direct personal experience and fears that the containment area will be shut down because of citizen complaints, she would like the City to keep the homeless containment area as is until there is another solution, and urged the Council to please help the most vulnerable population; MR. SANDOVAL, spoke regarding the Christmas Toy Drive they are coordinating and the number of families they helped last year and hopes to help 1,000 families this year, he has the support from the Los Banos Chamber of Commerce in his efforts and urged all to donate and make Los Banos better and bring happiness to families during the holidays; PETER MINOR, Los Banos, spoke regarding the homeless and how he himself has homeless and his experiences, there are few that want to get off the street, most don't want help and want to stay homeless, the ones that want help are the ones that we need to reach out to and give them help, the negative things the homeless are doing in the community and something has to be done, and if we take away the containment center they will scatter throughout town and not sure that will be better, we need a solution; SHANDRA LEWIS, Assistant Manager and Tenant of Rancho Los Banos Mobile Home Park, spoke to what she has witnessed and what she has endured with the homeless, they are friendly when you give them food but when you are not giving them something they are not friendly, spoke to her personal experiences with the homeless and they are very horrible to watch and experience, they destroy bathroom facilities and trash bins, tap into the city's water supply to fil up kiddy pools, stolen carts, used drug needles everywhere, yes the homeless need help but it is not her responsibility to do that, numerous confrontations with homeless stealing, they need to follow the law and be accountable to the law; CLAUDIA NUNES, spoke to her experience with the homeless who live behind her and the horrible things she has to witness and that no one else would want to experience with what they are dealing with, they are homeless by choice, they want everything for free, if this was one of you guys going through this you would not be allowing it, we have been asking for help meeting after meeting, the Council needs to do something, the newspaper is very biased and there has been no mention of what we have been dealing with; GALIN SANCHEZ, Los Banos business owner, spoke in support of the Christmas Toy Drive the Sandoval 30 family is coordinating, and how every kid needs to be happy at Christmas time and urged the community to help support the event; NANCY CLINE, read from a prepared statement that is on file with the City Clerk, regarding her concerns with the Animal Shelter facility and operation; ANN McCAULEY spoke regarding how we will have a new Mayor and Council Member and that this current Council should not select a new City Manager and hold off on the selection so that the new the new Council could make the selection, she spoke to how she listened to the meeting earlier during the recruitment interviews and how one recruiter came up with a great solution to include the new council members, the last thing we need to do is have an escape hatch and being able to blame the previous Council; JOHN CORNELL, lives at the trailer park, spoke to how he has been homeless once in his life and feels that there has got to be some kind of way of helping those who want help then get them help and those who don't want help then give them an ultimatum, what he is really scared about is the open fires that the homeless are setting and how a neighbors mobile home caught on fire, how hard it is for the elderly being able to get out of the mobile home in an emergency in time, the homeless are not all bad people but it just take a couple to screw it up for everyone, how they do drugs and throw their needles everywhere, it's a mess and they do need to be moved; KATHY BALLARD, Los Banos, stated that she has been coming to Council Meeting for years, inquired as to how much time and money did we wasted on the city's insurance overview, how much did we waste to totally go off grid with the recruitment of the last City Manager and now we are having to go through the process all over again, how divided the Council is and you held off to have Mayor Faria involved but wait he will not be Mayor, you need to get your act together and work together and not be wasting time; MIKE HUGHES, Commander of the VFW, spoke regarding the upcoming Veterans Parade on November 5th that honors our veterans, the first and third Thursday of every month we have a Veterans Service Office staffed to help them get the services they deserve along with the ATLAS Pod Program; RAMON GOMES, he is here today regarding how he tried to move his fence last week and someone reported him to the Police Department Code Enforcement to tell him to stop and he had to move his fence back, a lot of the houses are in the same situation, who does he need to talk to get help with the situation and wants to do things right and thanked the City Council for your time.
Mayor Pro Tern Lambert 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 comment that is on file with the City Clerk: KASEY MILLER, Park Operator at Los Banos Mobile home Park wrote a detailed account of the issues and concerns with the homeless encampment near their homes and how enough is enough, the city need to do the right by our residents and move this camp elsewhere. No one else came forward to speak and the public forum was closed.
CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Motion by Jones, seconded by Llamas to approve the consent agenda as follows: Check Register for #234254 - #234509 in the Amount of $842,101.03; minutes for the July 20, 2022 City Council Meeting; Minutes for the August 3, 2022 City Council Meeting; 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; 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 31 School District as it Pertains to Emergency Medical Services for District Sponsored Events; 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; 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; 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; City Council Resolution No. 6540 - Amending City Council Resolution No. 5248 Relating to the City's Conflict of Interest Code. The motion carried by the affirmative action of all Council Members present, Faria absent.
TRAFFIC CALMING MEASURES: SPEED CUSHION POLICY AND PROCEDURE REPORT; CITY COUNCIL RESOLUTION NO. 6541 - APPROVING AND ADOPTING THE REVISED TRAFFIC CALMING MEASURES: SPEED CUSHION POLICY AND PROCEDURES. Public Works Director/City Engineer Than presented the staff report, which included a PowerPoint presentation.
There was Council Member and staff discussion regarding if there is any room for flexibility for approval if there other outstanding demands, perceived speeding problems, how the devices are permanent, the impact of the adjacent streets, appeal removal process if there are issues, the meaning behind arterial and collector streets, cost of doing these projects individually, money be allocated by quadrants/districts in the city, how District 4 and District 1 have been using the funding to date, and Council Member Lewis requested that this be put on the agenda for review in August 2023 for review and update and reconsider putting money in District pots so that each District has funds to spend.
Motion by Lewis, seconded by Llamas to adopt City Council Resolution No. 6541 - Approving and Adopting the Revised Traffic Calming Measures: Speed Cushion Policy and Procedures. The motion carried by the affirmative action of all Council Members present, Faria absent.
APPOINT MEMBER TO THE FOLLOWING COMMITTEE: MEASURE H CITIZENS' OVERSIGHT COMMITTEE-THREE (3) VACANCIES, ONE (1) UNEXPIRED TERM - EXPIRING DECEMBER 31 , 2023. Motion by Jones, seconded by Llamas to appoint Rita Erickson to Measure H Citizens' Oversight Committee, Term - Expiring December 31 , 2023. The motion carried by the affirmative action of all Council Members present, Faria absent.
COUNCIL MEMBER REQUEST - DISCUSSION REGARDING THE CONTINUED
OPERATION/CLOSURE OF THE RAIL-TRAIL ENCAMPMENT (COUNCIL MEMBER JONES). Police Chief Brizzee presented the staff report, which included a PowerPoint presentation.
There was Council Member and staff discussion regarding if the encampment was torn down would they still stay in that area, why have we not begun to do something, how we 32 have a funding issue, a staffing issue, how moving the location would just be shifting the problem to the another location, the city's water tower location could be an issue, no viable alternate location on city land, need more funding sources to have more manpower and solutions, concerns with graffiti, no easy answer, sympathy for the mobile home park residents, how there was a problem before the encampment was established, how this did not come before the City Council when it was put up, the location or where it was going never came to City Council for approval, there is no right answer but every citizen requires relief, another location would be the ideal site but finding one is hard, the people at the mobile home park need relief from what they are experiencing and it's not fair to them to have to continue to endure what they are experiencing, the need to take some type of action to give immediate relief to those that are asking for it, the need to move it further away from the mobile home park, this is an unusual situation, there is no relief from the State to help homeless, there are different types of homeless, the ones in the homeless encampment are the ones who want to be homeless, the City will run out of funding without assistance from the State of California, how the State has done away with funding ad services for the chronically mentally ill especially in Merced County, how we do not have enough Police Officers and Code Enforcement Officers to handle the situation, and how we need to figure something out and be more proactive with solutions, we need to help them, how the current situation with Council makes it difficult to do our job, CCID had a homeless issue and they were removed but the mobile home park doesn't get the same response, how pointing fingers at each other is not getting the job done and doesn't help our staff get the job done, just causes a motivational problem, shutting down the encampment will just make it harder to get grant funding, what can we do to help the residents of the trailer park, shutting down the homeless encampment will force them out but some will come back, maybe put up a bigger privacy fence, how if we shut the encampment down we may lose funding, if Project Room Key directly tied to the homeless encampment.
City Attorney Vaughn cautioned the City Council to not reveal a location as the site being discussed tonight may have some environmental concerns and land covenant issues, there are noticing issues, you could ask staff to identify further locations for staff to look into and bring back to City Council for consideration. City Manager Wellman stated that this has been something that staff has agonized over, it is real clear to him that no one wants to continue to do what we are doing, we need to have a relentless approach and we need to keep on doing the best we can, Los Banos is doing a great job compared to others.
Motion by Jones, seconded by Llamas to have staff look for options and search for alternate locations and bring back to City Council for further discussion and consideration.
COUNCIL MEMBER REQUEST - PRESENTATION REGARDING AN OVERVIEW OF
THE LOS BANOS ANIMAL SHELTER CAPITAL IMPROVEMENT PLAN (COUNCIL MEMBER LEWIS). Police Chief Brizzee presented the staff report, which included a PowerPoint presentation.
There was Council Member and staff discussion regarding what the Fresno Animal Shelter is like, could the City set up a booth with the Chamber of Commerce to offer spay and neuter vouchers, how the airport is not going anywhere and the need to start planning to build a new animal shelter rather than putting something up that is temporary, inviting the community to come with solutions, find funding to help building a new animal shelter, 33 maybe private funding is out there, being sure to engage with members of the public and nonprofit organizations to make sure we are maximizing our full potential, how designing a new facility needs a lot of thought and expertise, would like to see more staffing at the animal shelter, how the current animal shelter needs major improvements, with maybe intake and adoption sides, cat rooms that were air conditioned, how we can't rely on volunteers because volunteerism is not as strong as it used to be, and that rescuing animals is very strong.
ADVISEMENT OF PUBLIC NOTICES. (No Report)
CITY MANAGER REPORT. Interim City Manager Wellman reported that today we finished up interviewing for our Fire Chief and until we have something of substance to report that's all he can report, paid tribute to Police Commander Reyna for setting up all the interviews, how he has had productive meetings with the Public Works Director/City Engineer Than and Community & Economic Development Director Elms regarding water issues and concerns, we need to be mindful of the healthcare issues in the city, and we need to get something going to improve those services.
REPORT/UPDATE ON MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG), PENINSULA CLEAN ENERGY (PCE), AND MEASURE V COMMITTEE. No report
CITY COUNCIL MEMBER REPORTS.
REFUGIO LLAMAS: Thanked everyone for the conversation tonight regarding certain issues and how they are positive conversation to resolving issues, water issues and concerns are something that we need to start considering or adding to the discussion, apologized to the recruitment firms who came forward to be interviewed earlier before the meeting and no action wat taken, and stated that the folks experiencing issues with the homeless encampment your concerns are not lost on me
KENNETH LAMBERT: Stated that he appreciates everyone who did a presentation today, there is a lot going on in the city, it is not easy to make some of the decisions that we make but we make them for the best of the city, and how we have to keep pushing.
DEBORAH LEWIS: Stated that she appreciates our staff and the time they put in for the reports, things are stressful right now for a lot of reasons in our city and she appreciates what they do, we need to start working together and not feeding information to the community that is untrue, staff is working hard and we need to support them and I want them to know that they have my support, she is concerned about the community as a whole, we have to be mindful of the changes that are going on, and she is looking forward to the progress we are moving forward with
BRETT JONES: No report
MAYOR TOM FARIA: Absent
34 CLOSED SESSION - CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION, SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO § 54956.9(8 ): (ONE POTENTIAL CASE). No reportable action taken.
ADJOURNMENT. The meeting at 9:25 p.m.
APPROVED:
Manuel Thomas Faria Ill, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
35 THIS PAGE IS INTENTIONALLY LEFT BLANK
36 CITY OF LOS BANOS
SPECIAL CITY COUNCIL MEETING MINUTES
AUGUST 25, 2022
ACTION MINUTES - These minutes are prepared to depict action taken for agenda items presented to the City Council. For greater detail of this meeting refer to the electronic media (CD and/or audio) kept as a permanent record.
SPECIAL NOTE: This meeting was held by teleconference due to the in accordance with Assembly Bill 361.
CALL TO ORDER: Mayor Faria called the City Council Meeting to order at the hour of 2:03 p.m.
PLEDGE OF ALLEGIANCE: The pledge of allegiance was led by Police Chief Brizzee.
ROLL CALL - MEMBERS OF THE CITY COUNCIL PRESENT: Council Members Brett Jones, Kenneth Lambert, Deborah Lewis, Refugio Llamas, Mayor Tom Faria; Absent:
None.
STAFF MEMBERS PRESENT: City Attorney Vaughn, City Clerk/Human Resources Director Mallonee, Police Chief Brizzee, Interim City Manager Wellman.
CONSIDERATION OF APPROVAL OF AGENDA: Mayor Faria stated that he was absent from the last City Council Meeting because he was tending his sister as her husband was on the presidios of life and death but is doing much better and thanked all for their positive thoughts and prayers.
Motion by Lewis, seconded by Llamas to approve the agenda as submitted. The motion carried by the affirmative action of all Council Members present, Lambert and Jones voting No.
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. Mayor Faria opened the public forum and asked those present on the Zoom meeting if they would like to speak for which no one came forward. Mayor Faria asked if there were any written comments received and City Clerk Mallonee stated that she received the following comments to be read into the record: KIMBERLEE SUBIA FLORES wrote regarding how she has been watching and following along with the homeless situation and how they are a part of OUR community and the encampment is their HOME, encouraged Council Members to visit the encampment and speak to the residents before you drive them out like cattle, how we should have the same concern for the homeless that we do for the animal shelter, and hopes they can find a plausible solution for the neediest among us. No one else came forward to speak and the public forum was closed.
37 CONDUCT INTERVIEWS FOR THE SELECTION OF AN EXECUTIVE SEARCH FIRM TO ASSIST THE CITY COUNCIL IN THE RECRUITMENT OF A NEW CITY MANAGER; CITY COUNCIL RESOLUTION NO. 6542 - AUTHORIZING THE INTERIM CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT FOR CITY MANAGER RECRUITMENT SERVICES. Council Member Jones stated that he is not in favor of either of the firms, in a few months we will have a new Mayor and possible a new Council Member and if we are being ethical is what is in the best interests of the residents, waiting until after we swear in the new members is not an unreasonable request, the Interim City Manager can carry us well into January, and his feelings of how things will be played out if a new City Manager is chosen before a new Council is seated, he feels this item needs to be postponed.
Motion by Faria, seconded by Lewis to select Koff & Associates as the City Manager Recruitment Firm. The motion carried by the following roll call vote: AYES: Lewis, Llamas, Faria; NOES: Jones, Lambert; ABSENT: None.
Council Member Lewis stated that they have a duty to the residents of Los Banos to do our job as long as we sit here, for a Council Member to read a statement and accuse the rest of us of not doing our job and being reckless is wrong, and she spoke to her feelings on how things will play out and supports moving forward with the process.
Motion by Lewis, seconded by Llamas to adopt City Council Resolution No. 6542 - Authorizing the Interim City Manager to Execute a Professional Services Agreement for City Manager Recruitment Services. The motion carried by the following roll call vote:
AYES: Lewis, Llamas, Faria; NOES: Jones, Lambert; ABSENT: None.
ADJOURNMENT. Motion by Lewis, seconded by Llamas to adjourn the meeting at 2:19 p.m. The motion carried by the following roll call vote: AYES: Lewis, Llamas, Faria; NOES: Jones, Lambert; ABSENT: None.
APPROVED:
Manuel Thomas Faria Ill, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
38 LOsBanos
Agenda Staff Report
TO: Mayor & City Council Members
FROM:
DATE:
Kim Tomas, City Treasurer/Accounting & Budget Supervisor .6) September 21, 2022
TYPE OF REPORT: Consent Agenda
SUBJECT: Fourth Quarter Investment Report for 2021/2022 Recommendation:
To accept the quarterly investment report as submitted.
Background:
The City of Los Banos follows its investment policy to assure that it invests all surplus inactive monies in a manner which ensures a maximum return consistent with safety on such investments while maintaining the integrity of such surplus and inactive funds. A quarterly investment report provides proof that City funds are invested in such a manner.
It includes all investments except funds held by the City's trustees. Funds held by trustees include bond reserve funds, deferred compensation plans, and other post retirement benefit funds.
Fiscal Impact:
Informational only, no fiscal impact.
Brent Kuhn, Interim Finance Director
Attachments:
City of Los Banos Fourth Quarter 2021/2022 Investment Report 39 THIS PAGE IS INTENTIONALLY LEFT BLANK
40 LOsBanos
At the Crossroads of California
In accordance with Government Code Section 53646 and the City of Los Banos Investment Policy, the following shall constitute the quarterly report of investments on behalf of the City of Los Banos:
Investment Balances
As of June 30, 2022
Amount Annual
Type of Investment Issuer Maturity Invested Percentage
Yield
LAIF (Local Agency State of Daily $66,431,837 0.99%
Investment Fund) California effective yield
Bonds, Treasury Money
Market Funds and CD's Wells Fargo Staggered $12,969,828 0.67% (Certificate of Deposits) Securities 5 years simple yield Investment Balance: $79,401,665
1. As of the date of this report, the majority of the City of Los Banos funds are invested in the State of California Local Agency Investment Fund (LAIF}, in accordance with section 16429.1 of the Governmental Code.
2. As of the date of this report, the remainder of the City of Los Banos' funds are deposited in Corporate Bonds, and various FDIC insured Certificates of Deposits held with Wells Fargo Securities, LLC.
Therefore, as provided by Governmental Code Section 53646 (e) attached are the most recent statement(s) received by the City of Los Banos.
3. The portfolio of the City of Los Banos is in compliance with the City of Los Banos' Investment Policy.
4. The investment balances are reconciled monthly to the General Ledger by the Finance Department.
5. It is expected that the City will be able to meet its projected expenditure requirements for the next six months.
41 THIS PAGE IS INTENTIONALLY LEFT BLANK
42 7/28i22, 4:11 PM
California State Treasurer
Fiona Ma, CPA
Local Agency Investment Fund
P.O. Box 942809
Sacramento, CA 94209-000 I
(9 I 6) 653-300 I
CllY OF LOS BANOS
CllY TREASURER
520JSTREET
LOS BANOS, CA 93635
Account Number,
June 2022 Statement
Account Snmm•n
Total Deposit:
Total Withdrawal:
July 28, 2022
LAIFHome
LAIF Regular Monthly Statement
PMIA AveragLl1lmlhJy~
Tran Type Defipjtjons
0.00 Beginning Balance:
0.00 Ending Balance:
66,431,837.22
66,431,837.22
https://laifms.treasurer.ca.gov/RegularStatement.aspx 1/1 43 PMIA/LAIF Performance Report
as of 07 /18/22
~11Hf,-1'
._ -..
5 C. ~ ~
,......,..
PMIA Average Monthly
Effective Vields<1)
Quarterly Performance
Quarter Ended 06/30/22
June
May
Apr
0.861
0.684
0.523
LAIF Apportionment Rate121 :
LAIF Earnings Ratio121:
LAIF Fair Value Factor111:
PMIA Daily111 :
PMIA Quarter to Date111 :
PMIA Average Life111:
Pooled Money Investment Account
Monthly Portfolio Composition <
11 06/30/22
$234.5 billion
Corporate
Commercial Bonds
0.21%
Time
Deposit/Bank Notes
5.71%
Agencies
18.90%
Treasuries
68.02%
0.75 0.00002057622201151
0.987125414
0.99%
0.69%
311
Chart does not include $4,693,000.00 in mortgages, which equates to 0.002%. Percentages may not total 100% due to rounding.
Daily rates are now available here. View PMIA Daily Rates Notes: The apportionment rate includes interest earned on the Ca/PERS Supplemental Pension Payment pursuant to Government Code 20825 {c){1} and interest earned on the Wildfire Fund loan pursuant to Public Utility Code 3288 {a).
Source:
<
1> State of California, Office of the Treasurer
<
2> State of Calfiornia, Office of the Controller
44 [
'-"
WELLS S . .. FARGO EGURITIES .
·••'•.'
Wells Fargo Bank, N.A.
45 FREMONT ST
FLOOR34
SAN FRANCISCO, CA 94105-2204
WILLIAMS/LEWIS
1-415-644-9152
17153 100645&0009 101'7 UN#3T.J7BIJ'1-0000422174188-0001 7334601/QS/22P ,,,---. ~.~ ..
?
Combined Summary
Brokerage Account and Bank Account
Statement Period
06/01/2022 • 06/30/2022
CITY OF LOS BANOS Account Number
Total Account Value Summary -us Dollar (USO) This summary does not reflect the -----------------------------------•value of unpriced securities.
Amount Last Amount This % Repurchase agreements are reflected Statement Period Statement Period Portfolio at par value.
Cash $ o.oo $ o.oo 0%
Money Market Mutual Funds 12,965,869.01 12,969,827.82 100% Bonds 0.00 0.00 0%
Stocks 0.00 0.00 0%
Total Account Value $ 12,965,869.01 $ 12,969,827.82 100% Value Change Since Last Statement Period
Percent Increase Since Last Statement Period
$ 3,958.81
0%
Value Last Vear-End $ 12,947,209.70
Percent Increase Since Last Year-End 0%
***Includes amortized Par value of municipal leases and notes.
Total Income Summary uso
Interest
Dividends/Capital Gains
Money Market Mutual Funds Dividends
Other
Income Total
Total Interest Charged uso
Description
Debit Interest For June 2022
Total Interest Charged
$
$
This Period
0.00 $
0.00 3,958.81
0.00 3,958.81 $
$
Total Money Market Mutual Funds Summary uso
Description
Opening Balance
Deposits and Other Additions
Distributions and Other Subtractions
Dividends Reinvested
Change in Value
Closing Balance
$
s
Year-To-Date
29,216.69
0.00 5,760.64
0.00 34,9n.33
This Period
0.00 o.oo
Amount
12,965,869.01
0.00 0.00
3,958.81
0.00 12,969,827.82
I I 11 I
45 THIS PAGE IS INTENTIONALLY LEFT BLANK
46 ■ SECURITIES [
Wells Fargo Securities, LLC
45 FREMONT ST
FLOOR34
.. .._.
SAN FRANCISCO, CA 94105-2204
WIUIAMS/LEWIS
1-415-644-9152
17154 1005454 0009 lO117 UN#3737807-ooo04228 14888-0001 73346 07/05/22 P ,{.-----~ ~-"'"\
Brokerage Account Statement
Wells Fargo Securities, LLC
Statement-Period
06/01/2022 - 06/30/2022
CITY OF LOS BANOS Account Number
Account Value Summary usn This summary does not reflect the ----------------------------------value of unpriced securities.
Amount Last Amount This % Repurchase agreements are reflected Statement Period Statement Period Portfolio at par value.
Cash $ o.oo $ o.oo 0%
Money Market Mutual Funds o.oo o.oo 0%
Bonds 0.00 0.00 0%
Stocks 0.00 o.oo 0%
Total Account Value $ 0.00 $ 0.00 0%
Value Change Since Last Statement Period $ 0.00
Percent Increase Since Last Statement Period NIA
Value Last Year-End $ 0.00
Percent Increase Since Last Year-End NIA
Income Summary uso
This Period Year-To-Date
Interest
Dividends/Capital Gains
Money Market Mutual Funds Dividends
Other
Income Total
Interest Charged uso
Description
ebit Interest For June 2022
$ 0.00 $
0.00 0.00
0.00 $ 0.00 $
Total Interest Charged $
Money Market Mutual Funds Summary uso
Description
Opening Balance $
Deposits and Other Additions
Distributions and Other Subtractions
Dividends Reinvested
Change in Value
Closing Balance S
r kera
0.00 0.00
0.00 0.00
0.00 This Period
0-:00
0.00 Amount
0.00 0.00
0.00 0.00
0.00 0.00
I I I I
47 Important Information
This statement is provided to customers of Wells Fargo Securities, LLC ("WFS'), broker dealer 0250. Statements are provided monthly for accounts with transactions andt'or security positions. The account statement contains a list of securities held in safekeeping by WFS as of the statement date and provides details of purchase and sale transactions, the receipt and disbursement of cash and securities, and other activities relating to the account during the statement period.
For WFS customers who choose to maintain a safekeeping account at Wells Fargo Bank, N.A. ('Bank'}, this statement is accompanied by a separate Bank safekeeping statement. The Bank safekeeping statement, if applicable, contains a list of securities held in safekeeping by the Bank as of the statement date.
Pricing: Security and brokered certificate of deposit ("CD') prices shown on the statement are obtained from independent vendors or internal pricing models. While we believe the prices are reliable, we cannot guarantee their accuracy. For exchange-listed securities, the price provided Is the closing price at month end. For unlisted securities, it is the 'bid" price at month end. The price of CDs that mature in one year or less are shown at last price traded. The price of CDs that mature in greater than one year and of other instruments that trade infrequently are estimated using similar securities for which prices are available. Prices on the statement may not necessarily be obtained when the asset is sold.
Brokered CD Pricing: Like bonds, brokered CDs are subject to price fluctuation and the value of a CD, if sold prior to maturity, may be less than at the time of its purchase. Significant loss of principal could result.
While WFS generally makes a market in CDs it underwrites, the secondary market for CDs that It does not underwrite may be very limited.
In those cases, WFS will use its best efforts to help investors find a buyer.
SIPC: WFS is a member of the Securities Investor Protection Corporation ('SIPC'). In the event of insolvency or liquidation of WFS, securities held in safekeeping at WFS are covered by SIPC against the loss. but not investment risk, up to a maximum of $500,000 per customer, which includes a $250,000 limit on claims for cash held in the account. SIPC protection does not provide any protection whatsoever against investment risk, including the loss of principal on an investment This coverage does not apply to securities held in safekeeping by the Bank. Additional Information about SIPC, including a SIPC brochure, may be obtained by visiting www.sipc.org or by calling SIPC at 1 ·202-371-8300.
FINRA BrokerCheck Program: WFS is a member of the Financial Industry Regulatory Authority (FINRA). Under its BrokerCheck program, FINRA provides certain information regarding the disciplinary history of broker/dealers and their associated persons. Information can be obtained from the FINRA BrokerCheck program hotline number (1-800-289-9999) or the FINRA website (www.finraorg). A brochure describing the FINRA BrokerCheck program will be fumished upon written request.
Free Credit Balances: Any customer free credit balances may be used in the business of WFS subject to limitation of 17 CFR Section 240 § 15c(3)-3 under the Securities Exchange Act of 1934. In the course of normal business operations, a customer has the right to receive delivery of the following: any free credit balances to which he or she is entitled, any fully paid securities to which he or she is entitled, end any securities purchased on margin upon full payment of indebtedness to WFS.
Equity Order Routing: WFS will generally route equity and listed options orders taking into consideration among other factors, the quality and speed of execution, as well as the credits, cash or other payments it may receive from any exchange, broker-dealer or market center. This may not be true if a customer has directed or placed limits on any orders. Whenever possible, WFS will route orders in an attempt to obtain executions at prices equal or superior to the nationally displayed best bid or offer. WFS will also attempt to obtain the best execution regardless of any compensation it may receive. The nature and source of credits and payments WFS receives In connection with specific orders wiU be furnished to a customer upon request. WFS prepares quarterly reports describing its order routing practices for non-directed orders routed to a particular venue for execution. A printed copy of this report along with other compliance and regulatory information is available upon written request or by visiting: https:/lwww.wellsfargo.com/com/securlties/regulatory.
Equity Extended Hours Trading: See important information relating to equities trading before and after regular trading hours at www.wellsfargo.com/com/securitles/regulatory.
Equity Open Orders: Open orders will remain in effect until executed or canceled by you. Failure to cancel an open order may result in the transaction being executed for your account. WFS has no responsibility to cancel an open order at its own initiative.
Dividend Reinvestment: In any dividend reinvestment transaction, WFS acted as agent. Additional Information regarding transactions of this nature will be furnished to a customer upon written request.
Account Transfers: A fee will be charged to customers transferring their existing WFS account to another broker/dealer or any other financial institution.
Non-deposit Investment products recommended, offered or sold by WFS, including mutual funds, are not federally Insured or guaranteed by or obHgatlons of the Federal Deposit Insurance Corporation ("FDIC"}, the Federal Reserve System or any other agency; are not bank deposits; are not obllgatlons of, or endorsed or guaranteed In any -y by any bank or WFS; and are subject to risk, Including the possible loss of prlnclpal, that may c:ause the value of the lnvesbnent and lnvesbnent return to fluctuate.
When the investment Is sold, the value may be higher .or lower than the amount originally Invested. WFS Is a subsidiary of Wells Fargo & Company, Is not a bank or thrift, and Is separate from any other afflllated bank or thrift. WFS is a registered broker-dealer and member of FINRA. No affiliate of WFS Is responsible for tha securities sold by WFS.
t'age ~or~
Mutual Funds: The distributor of Wells Fargo Funds is affiliated with WFS/Wells Fargo Securities, LLC.
Institutional Prime and Institutional Tax Exempt money market mutual funds are required to price and transact at a net asset value ('NAV") per share that fluctuates based upon the pricing of the underlying portfolio ol securities and this requirement may impact the value of those fund shares. Additionally, Institutional Prime and Institutional Tax Exempt funds may be subject to redemption fees and/or gates that can affect the availablllty of funds invested.
Mutual funds are sold by prospectus, which includes more complete information on risks, charges, expenses and other matters of interest.
Investors should read the prospectus carefully before investing.
Financial Statements: WFS financial statements are available upon request.
Trade Conflnnettons: Investment purchases and sales are subject to the terms and conditions stated on the trade confirmation relating to that transaction. In the event of a conflict between the trade confirmation and this statement, the trade confirmation will govern.
Listed Options: Commissions and other charges related to the execution of fisted option transactions have been included in confirmations of such transactions that have been previously furnished and are available upon request. Promptly advise your WFS sales representative of any material change in your investment objectives or financial situation.
Customer Complaints and Reporting Discrepancies: Customer complaints, statement reporting Inaccuracies or discrepancies should be promptly reported in writing to:
Customer Service
90 South 7th Street
5th Floor, MAC N9305-05F
Minneapolis, MN 55402
wfscustomerservice@ wellsfargo.com
Customers may also report complaints, inaccuracies or discrepancies by calling 1-800-645-3751 option 5. To further protect their rights, including rights under the Securities Investor Protection Act, customers should also re-confirm in writing to the above address any oral communications with WFS relating to the inaccuracies or discrepancies.
Wells Fargo Bank, N.A. Institutional Deposit: Funds invested in the Institutional Deposit are on deposit at Wells Fargo Bank, N.A. and balances are insured by the Federal Deposit Insurance Corporation ('FDIC") up to the full amount allowable by law. Institutional Deposit balances are not insured by the Securities Investor Protection Corporation ('SIPC"). For further details, see the Institutional Deposit Product Description.
48 L
■ / •. 1 • ~--'.~ _. ~
SECURITIE~1
,._ • ... • ::._.:.•~·•J .. -,:
Wells Fargo Bank; N.A.
45 FREMONT ST
FLOOR34
SAN FRANCISCO, CA 94105-2204
WILLIAMS/LEWIS
1-415-644-9152
715& IOOS454 000910117 \JN#31J7807-00004228 74888-000t 1JJAe 07f05/'Zl P ··- Page 1 of 3
Bank Account Statement
Wells Fargo Bank, N.A.
Statement Period
06/01/2022 - 06/30/2022
CITY OF LOS BANOS Account Number
Account Value Summary uso This summary does not reflect the ----------------------------------value of unpriced securities.
Amount Last Amount This % Repurchase agreements are reflected Statement Period Statement Period Portfolio at par value.
Cash $ 0.00 $ o.oo 0%
Money Market Mutual Funds 12,965,869.01 12,969,827.82 100% Bonds 0.00 0.00 0%
Stocks 0.00 0.00 0%
Total Account Value $ 12,965,869.01 $ 12,969,827.82 100% Value Change Since Last Statement Period $ 3,958.81
Percent Increase Since Last Statement Period 0%
Value Last Year-End $ 12,947,209.70
Percent Increase Since Last Year-End 0%
Income Summary uso
Interest
Dividends/Capital Gains
Money Market Mutual Funds Dividends
Other
Income Total
Interest Charged uso
Description
Debit Interest For June 2022
$
$
This Period
0.00 $
0.00 3,958.81
0.00 3,958.81 $
Total Interest Charged $
Money Market Mutual Funds Summary uso
Description
Opening Balance $
Deposits and Other Additions
Distributions and Other Subtractions
Dividends Reinvested
Change in Value
Closing Balance S
Year-To-Date
29,216.69
0.00 5,760.64
0.00 34,977.33
This Period
0.00 0.00
Amount
12,965,869.01
0.00 0.00
3,958.81
0.00 12,969,827.82
I I I I I
49 Important Information
This statement is provided to customers of Wells Fargo Securities, LLC ("WFS"), broker dealer 0250. Statements are provided monthly for accounts with transactions and/or security positions. The account statement contains a list of securities held in safekeeping by WFS as of the statement date and provides details of purchase and sale transactions, the receipt and disbursement of cash and securities, and other activities relating to the account during the statement period.
For WFS customers who choose to maintain a safekeeping account at Wells Fargo Bank, N.A. ("Bank'), this statement is accompanied by a separate Bank safekeeping statement. The Bank safekeeping statement, if applicable, contains a list of securities held in safekeeping by the Bank as of the statement date.
Pricing: Security and brokered certificate of deposit ("CD') prices shown on the statement are obtained from independent vendors or internal pricing models. While we believe the prices are reliable, we cannot guarantee their accuracy. For exchange-listed securities, the price provided is the closing price at month end. For unlisted securities, it is the "bid" price at month end. The price of CDs that mature in one year or less are shown at last price traded. The price of CDs that mature in greater than one year and of other instruments that trade infrequently are estimated using similar securities for which prices are available. Prices on the statement may not necessarily be obtained when the asset is sold.
Brokered CD Pricing: Like bonds, brokered CDs are subject to price fluctuation and the value of a CD, ii sold prior to maturity, may be less than at the time of its purchase. Significant loss of principal could result.
While WFS generally makes a market in CDs it underwrites, the secondary market for CDs that It does not underwrite may be very limited.
In those cases, WFS will use its best efforts to help investors find a buyer.
SIPC: WFS is a member of the Securities Investor Protection Corporation ('SIPC"). In the event of insolvency or liquidation of WFS, securities held in safekeeping at WFS are covered by SIPC against the loss, but not investment risk, up to a maximum of $500,000 per customer, which includes a $250,000 limit on claims for cash held in the account. Sf PC protection does not provide any protection whatsoever against investment risk, including the loss of principal on an investment. This coverage does not apply to securities held in safekeeping by the Bank. Additional information about SIPC, including a SIPC brochure, may be obtained by visiting www.sipc.org or by calling SIPC at 1-202-371-8300.
ANRA BrokerCheck Program: WFS is a member of the Financial Industry Regulatory Authority (FINRA). Under its BrokerCheck program, FINRA provides certain information regarding the disciplinary history of broker/dealers and their associated persons. Information can be obtained from the FINRA BrokerCheck program hotline number (1-B00-2B9-9999) or the FINRA website (www.finra.o~ )- A brochure describing the FINRA BrokerCheck program will be fumis ed upon written request.
Free Credit Balances: Any customer free credit balances may be used in the business of WFS subject to limitation of 17 CFR Section 240 § 15c(3)-3 under the Securities Exchange Act of 1934. In the course of normal business operations, a customer has the righl to receive delivery of the following: any free credit balances to which he or she is entitled, any fully paid securities to which he or she is entitled, and any securities purchased on margin upon full payment of indebtedness to WFS.
Equity Order Routing: WFS will generally route equity and listed options orders taking into consideration among other factors, the quality and speed of execution, as well as the credits, cash or other payments it may receive from any exchange, broker-dealer or market center. This may not be true if a customer has directed or placed limits on any orders. Whenever possible, WFS will route orders in an attempt to obtain executions at prices equal or superior to the nationally displayed best bid or offer. WFS will also attempt to obtain the best execution regardless of any compensation it may receive. The nature and source of credits and payments WFS receives in connection with specific orders will be furnished to a customer upon request. WFS prepares quarterly reports describing its order routing practices for non-directed orders routed to a particular venue for execution. A printed copy of this report along with other compliance and regulatory information is available upon written request or by visiting: https://www.wellsfargo.com/com/securities/regulatory.
Equity Extended Hours Trading: See important information relating to equities trading before and after regular trading hours at:
www.wellsfargo.com/com/securities/regulatory.
Equity Open Orders: Open orders will remain in effect until executed or canceled by you. Failure to cancel an open order may result in lhe transaction being executed for your account. WFS has no responsibility to cancel an open order at its own initiative.
Dividend Reinvestment: In any dividend reinvestment transaction, WFS acted as agent. Additional Information regarding transactions of this nature will be furnished to a customer upon written request.
Account Transfers: A fee will be charged to customers transferring their existing WFS account to another broker/dealer or any other financial institution.
Non-deposit investment products recommended, offered or sold by WFS, Including mutual funds, are not federally Insured or guaranteed by or obllgatlons of the Federal Deposit Insurance Corporation ("FDIC"), the Federal Reserve System or any other agency; are not bank deposits; are not obligations of, or endorsed or guaranteed in any way by any bank or WFS; and are sub)ect to risk, Including the poulble loss of principal, that may cause the value of the Investment and Investment return to fluctuate.
When the investment is sold, the value may be higher or lower than the amount orlglnally Invested. WFS Is a subsidiary of Wells Fargo & Company, Is not a bank or thrift, and is separate from any other affiliated bank or thrift. WFS Is a registered broker-dealer and member of ANRA. No affiliate of WFS is responsible for the securities sold by WFS.
t-'age :.! or ;:s
Mutual Funds: The distributor of Wells Fargo Funds is affiliated with WFS/Wells Fargo Securities, LLC.
Institutional Prime and Institutional Tax Exempt money market mutual funds are required to price and transact at a net asset value ('NAV") per share that fluctuates based upon the pricing of the underlying portfolio of securities and this requirement may impact the value of those fund shares. Adcfrtionatly, Institutional Prime and Institutional Tax Exempt funds may be subject to redemption fees and/or gates that can affect the availability of funds invested.
Mutual funds are sold by prospectus, which includes more complete infoonation on risks, charges, expenses and other matters of interest.
Investors shou Id read the prospectus carefully before investing.
Financial Statements: WFS financial statements are available upon request.
Trade Confirmations: Investment purchases and sales are subject to the terms and conditions stated on the trade confirmation relating to that transaction. In the event of a conflict between the trade confirmation and this statement, the trade confirmation will govern.
Listed Options: Commissions and other charges related to the execution of listed option transactions have been included in confirmations of such transactions that have been previously furnished and are avattable upon request. Promptly advise your WFS sales representative of any material change in your investment objectives or financial situation.
Customer Complaints and Reporting Discrepancies: Customer complaints, statement reporting inaccuracies or discrepancies should be promptly reported in writing to:
Customer Service
90 South 71h Street
5th Floor, MAC N9305-05F
Minneapolis, MN 55402
wfscustomerservice@ wellsfargo.com
Customers may also report complaints, inaccuracies or discrepancies by calling 1-800-645-3751 option 5. To further protect their rights, including rights under the Securities Investor Protection Act, customers should also re-confirm in writing to the above address any oral communications with WFS relating to the inaccuracies or discrepancies.
Wells Fargo Bank, N.A. Institutional Deposit: Funds invested in the Institutional Deposit are on deposit at Wells Fargo Bank, N.A. and balances are Insured by the Federal Deposit Insurance Corporation ('FDIC") up to the fuH amount allowable by law. Institutional Deposit balances are not insured by the Securities Investor Protection Corporation ('SIPC"). For further details, see the Institutional Deposit Product Description.
50 {
,..,...
CITY OF LOS BANOS
Account Number:
Money Market Fund Activity
AGI 100% Trea Adm 3722
*As of June 30, 2022
USD
Transaction
Date
06/01/22
Activl
Beginning Balance
Reinvest
Ending Balance
1715& 1005454 0009 10117 l.N#3'737607-M004228 74888-000T 73348 07,o5/22 P ............
Dividend paid
this period
3,958.81
Shares Price
1.0000
3,958.81000
1.0000
_........_
\
, ... _... Page 3 of 3
Statement Ending: June 30, 2022
7day• 30day•
simple yleld simple yield
0.840% 0.670%
Dividend Amount Share Balance
2,965,869.01000
3,958.81 12,969,827.82000
12,969,827.82 12,969,827 .82000
I I 11 11
51 THIS PAGE IS INTENTIONALLY LEFT BLANK
52 LOsBanos
,u 1l1c Cros~roads of t:alijon,ia
Agenda Staff Report
TO: City Council
FROM: William A. Vaughn, City Attorney
DATE: September 21, 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. 53 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 54 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:
~ w T oMClD -fo1 &,o_nf Muu
Brent Kuhn,
Interim Finance Director
55 THIS PAGE IS INTENTIONALLY LEFT BLANK
56 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 57 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:
58 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 21st day of September 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:
ATTEST:
Lucille L. Mallonee, City Clerk
59 THIS PAGE IS INTENTIONALLY LEFT BLANK
60 LOsBanos
Agenda Staff Report
TO: Mayor & City Council Members
FROM: Soknirorn Than, P.E., Public Works Director/City Engineer DATE: September 21 , 2022
TYPE OF REPORT: Consent Agenda
SUBJECT: Authorizing an Amendment to Fiscal Year 2022-2023 Budget in the Lighting and Landscape District #19 Fund in the line item 289-458-200- 213 to increase appropriations in the amount of $27,000.00 for water usage
Recommendation:
That the City Council adopt the Resolution authorizing the amendment to the Fiscal Year 2022-20223 budget in the Lighting and Landscape District #19 Fund in the line item 289-458-200-213 to increase appropriations in the amount of $27,000.00 for water usage.
Background:
Lighting and Landscape districts (LLD) are authorized by the California Streets and Highway code. The districts provide funding mechanisms to pay for services in a defined geographic areas. The City of Los Banos contains 18 districts numbering 1-7 and 9-19. LLD #19 is located primarily around Elena Talbott Basin Park. Elena Talbott Basin Park is an approximately 9.19-acre park that includes a large turf area, a playground, and horse-shoe pits.
In August 2022, City staff identified that water usage was increasing. Upon investigation, the water meter at Elena Talbott Park had a zero consumption reading for much of Fiscal Year 2020-21 and 2021-2022. Beginning at the end of Fiscal Year 2021-2022, water consumption returned to normal, generating higher than expected expenses.
F" 1sca IY ear B d U lget H" 1s t orv - LLD#19 - L" me It em 289-458 - - 200 213 Fiscal Year: Budget: Expenditures:
FY22: $15,760.00 $14,333.00
FY21 : $27,300.00 $ 6,882.23
61 FY20: $26,000.00 $22,555.26
FY19: $24,168.00 $24,167.48
FY18: $20,000.00 $23,451.00
1 FY17: $19,890.00 $17,135.98
C onsumpf Ion Ht IS Ory . m A ugus t. in LLD #19 - L. me It em: 289-458 -200 -213 Year: Consumption:
August 2012: 4,317.00
August 2013: 2,877.00
AUQUSt 2014: 2,861.00
August 2015: 2,068.00
August 2016: 2,646.00
Auqust 2017: 3,208.00
August 2018: 2,321.00
August 2019: 2,949.00
August 2020: 2,709.00
Consumption reads 0.0 to 1.0 from October 2020 to March 2022 August 2022: 2,985.00
Discussion:
City staff is recommending amending the budget to account for the corrected expenses in the Water and Sewerage line item in LLD #19. Prior Fiscal Year budgets included available ranging from $19,890 in Fiscal Year 2016-2017 to $27,300 in Fiscal Year 2020-2021. In Fiscal Year 2022-2023 $3,000.00 was budgeted. An increase of $27,000.00 will create available funding of $30,000.00
Lighting and Landscape District #19 is one of two districts currently in deficit.
Expenditures exceeding the available fund balance are loaned from the General Fund.
With residential and commercial developments recently occurring in LLD #19 funding is trending towards eliminating the deficit with increased revenue and continued maximum assessments.
Fiscal Impact:
A total of $27,000.00 is being requested for amendment to the Fiscal Year 2022-2023 budget · the Lighting and Landscape District #19 Fund 289-458-200-213. 81'1 nt Kuhn, Interim Finance Director
Attachments:
Resolution
Water Consumption History Report
62 RESOLUTION NO. __
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS AMENDING THE FISCAL
YEAR 2022-2023 BUDGET BY INCREASING
APPROPRIATIONS IN THE LIGHTING AND
LANDSCAPE DISTRICT #19 FUND IN THE LINE
ITEM 289-458-200-213 FOR EXPENDITURES IN
THE AMOUNT OF $27,000.00 FOR WATER USAGE
WHEREAS, the City Council of the City of Los Banos has been presented a proposal to increase the appropriations in the 2022-2023 Fiscal Year budget; and WHEREAS, the City Council of the City of Los Banos may adjust the overall appropriation levels in each fund at any time during the Fiscal Year by action to amend the budget; and
WHEREAS, the proposed Specialized Equipment line item increase includes expenditures of $27,000.00 for the Lighting and Landscape District #19 account 289-458- 200-213 for water usage; and
WHEREAS, the proposed amendment to the 2022-2023 Fiscal Year Budget for an increase in appropriations to the Lighting and Landscape District #19 expenditures has been reviewed by the Interim Finance Director.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos hereby approves amending the Fiscal Year 2022-2023 Budget by increasing appropriations in the Lighting and Landscape District #19 Fund 289-458-200-213 in the amount of $27,000.00 for water usage.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 21st day of September 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
63 THIS PAGE IS INTENTIONALLY LEFT BLANK
64 Utility Billing
Account History Report
User:
Printed:
Account Status:
jldrschman
08/24/2022 - 9:24AM
Connect Date:
Active
02/17/2012 FhtalDate:
Customer Name:
Care Of:
Customer Address:
Home Phone:
Business Phone:
Account N•mber:
City of Los Banos
520 J Street
Los Banos, CA 9363S
(209) 827-7000
027579-000
Tran Date Tran Type Description
Ext:
Ext:
Reference Number:
Amount
Current Balance By Service
Description
Active
0.00 WTR
5,481.69
0.00 Route-Seauence-Serial: 037-000005-67301904
UB - Account History Report (08/24/2022 - 9:24 AM)
Total Aceouat Balance:
Total Deposits:
Owner Name:
Service Address:
SWR
0.00 0.00
Read Date
8/5/2022
7/5/2022
6/S/2022
5/5/2022
4/S/2022
3/5/2022
2/5/2022
1/S/2022
12/5/2021
11/5/2021
10/5/2021
9/5/2021
8/5/2021
7/5/2021
6/S/2021
S/5/2021
GBG
0.00 0.00
Reading
137,018.00
134,033.00
131,847.00
129,295.00
127,616.00
126,230.00
126,229.00
126,229.00
126,229.00
126,229.00
126,229.00
126,229.00
126,229.00
126,229.00
126,229.00
126,229.00
rtyof B . os anos
W"-,lfJH1f.s. of (
5,481.69
0.00 Total Refunds: 0.00
Talbott Park/San Luis
PEN ADM LC
0.00 0.00 0.00
0.00 0.00 0.00
Consumption
2,985.00
2,186.00
2,552.00
1,679.00
1,386.00
1.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 DEP MISC
0.00 0.00
0.00 0.00
65 Account Number: 027579-000 Reference Number:
Tran Date Tran Type Description Amount WTR SWR GBG PEN ADM LC DEP MISC 4/S/2021 126,229.00 0.00
3/5/2021 126,229.00 0.00
2/5/2021 126,229.00 0.00
1/5/2021 126,229.00 0.00
12/5/2020 126,229.00 0.00
11/5/2020 126,229.00 0.00
10/5/2020 126,229.00 0.00
9/S/2020 126,229.00 944.00
8/S/2020 125,285.00 2,709.00
7/5/2020 122,576.00 1,745.00
6/S/2020 120,831.00 1,647.00
5/5/2020 119,184.00 1,718.00
4/5/2020 117,466.00 117.00
3/S/2020 117,349.00 10.00
2/5/2020 117,339.00 16.00
1/5/2020 117,323.00 0.00
PW Confinned 12/S/2019 117,323.00 1,465.00
11/5/2019 115,858.00 974.00
10/5/2019 114,884.00 1,081.00
9/S/2019 113,803.00 1,398.00
8/S/2019 112,405.00 2,949.00
7/5/2019 109,456.00 2,583.00
6/5/2019 106,873.00 1,739.00
S/5/2019 105,134.00 1,127.00
4/5/2019 104,007.00 0.00
3/5/2019 104,007.00 16.00
2/5/2019 103,991.00 0.00
l/S/2019 103,991.00 13.00
12/S/2018 103,978.00 274.00
11/5/2018 103,704.00 1,105.00
10/5/2018 102,599.00 1,653.00
9/5/2018 100,946.00 2,321.00
8/5/2018 98,625.00 3,744.00
7/S/2018 94,881.00 2,302.00
6/5/2018 92,579.00 1,813.00
5/5/2018 90,766.00 1,363.00
4/5/2018 89,403.00 0.00
3/5/2018 89,403.00 0.00
2/5/2018 89,403.00 0.00
1/5/2018 89,403.00 0.00
12/5/2017 89,403.00 0.00
UB - ACCOllllt HistoJy Report (08/24/2022 - 9:24 AM) Page2of4 66 Account Number: 027S79-000 Reference Number:
Tran Date Tran Type Description Amount WTR SWR GBG PEN ADM LC DEP MISC 11/5/2017 89,403.00 961.00
10/4/2017 88,442.00 1,964.00
9/5/2017 86,478.00 2,540.00
8/S/2017 83,938.00 3,208.00
7/4/2017 80,730.00 2,565.00
6/S/2017 78,165.00 1,259.00
5/5/2017 76,906.00 80.00
4/5/2017 76,826.00 500.00
3/S/2017 76,326.00 9.00
2/5/2017 76,317.00 0.00
1/5/2017 76,317.00 l.00
12/5/2016 76,316.00 17.00
ll/S/2016 76,299.00 617.00
10/5/2016 75,682.00 1,342.00
9/5/2016 74,340.00 1,249.00
8/5/2016 73,091.00 2,646.00
7/5/2016 70,445.00 797.00
6/S/2016 69,648.00 1,244.00
S/5/2016 68,404.00 1,487.00
4/5/2016 66,917.00 0.00
3/5/2016 66,917.00 0.00
2/5/2016 66,917.00 0.00
1/5/2016 66,917.00 0.00
12/5/2015 66,917.00 0.00
11/5/2015 66,917.00 178.00
10/5/2015 66,739.00 1,579.00
9/5/2015 65,160.00 1,762.00
8/5/2015 63,398.00 2,068.00
7/5/2015 61,330.00 1,531.00
6/5/2015 59,799.00 1,524.00
5/5/2015 58,275.00 1,133.00
4/5/2015 57,142.00 0.00
3/5/2015 57,142.00 0.00
2/S/2015 57,142.00 0.00
1/5/2015 57,142.00 0.00
12/5/2014 57,142.00 1.00
11/5/2014 57,141.00 1,057.00
10/5/2014 56,084.00 1,917.00
9/5/2014 54,167.00 2,662.00
8/5/2014 51,505.00 2,861.00
7/5/2014 48,644.00 2,932.00
UB • Account HiBtoiy Report (08/24/2022 - 9:24 AM) Page 3 of4 67 Aceou t Number. 027S79-000 Reference Number:
Tran Date Tran Type Description Amount WTR SWR GBG PEN ADM LC DEP MISC 6/S/2014 4S,712.00 3,180.00
S/S/2014 42,532.00 942.00
4/S/2014 41,590.00 0.00
3/S/2014 41,590.00 0.00
2/5/2014 41,590.00 0.00
l/S/2014 41,590.00 0.00
12/5/2013 41,590.00 1,413.00
11/5/2013 40,177.00 942.00
10/S/2013 39,235.00 1,124.00
9/S/2013 38,111.00 2,676.00
S/S/2013 35,43S.OO 2,877.00
7/S/2013 32,558.00 4,203.00
6/S/2013 28,355.00 4,162.00
S/S/2013 24,193.00 971.00
4/S/2013 23,222.00 498.00
3/S/2013 22,724.00 0.00
2/S/2013 22,724.00 0.00
l/5/2013 22,724.00 0.00
12/S/2012 22,724.00 531.00
Manual input 11/512012 22,193.00 1,144.00
10/5/2012 21,049.00 1,880.00
9/S/2012 19,169.00 2,556.00
8/S/2012 16,613.00 4,317.00
7/S/2012 12,296.00 3,544.00
6/4/2012 8,752.00 3,228.00
S/S/2012 5,524.00 2,168.00
4/5/2012 3,356.00 238.00
Manual Input 3/6/2012 3,118.00 528.00
2/17/2012 2,590.00 0.00
UB - Account History Report (08/24/2022 - 9:24 AM) Page4of4 68 TO:
FROM:
DATE:
LOsBanos
At tire Cro\~rmul5 of :a iJ
Agenda Staff Report
Mayor & City Council Members
Soknirom Than, P.E., Public Works Director/City Engi~ IL September 21, 2022
TYPE OF REPORT: Consent Agenda
SUBJECT: Authorizing an Amendment to Fiscal Year 2022-2023 Budget in the Community Center Fee Fund line item 244-410-100-753 for the purchase of a compressor for the Grand Room air conditioning unit in the Community Center
Recommendation:
That the City Council adopt the Resolution authorizing the amendment to the Fiscal Year 2022-20223 budget in the Community Center Fee Fund in the line item 244-410- 100-753 in the amount of $11,000.00 for the purchase of a compressor for the Grand Room air conditioning unit in the Community Center.
Background:
The Grand Room in the Community Center facility is used by a variety of recreation and community groups for activities such as Golden Age dinners, Breakfast with Santa, meetings, weddings and Quinceanera's.
In August 2022, Young's Air Conditioning staff identified a severe issue with one of the three air conditioning units that service the Grand Room in the Community Center, located at 645 7th Street. The unit is original from the building's construction and is approximately 13 years old.
Young's Air Conditioning staff recommended the replacement of the Compressor for the CU-W2 Grand Room WO4 Unit, with an estimated cost of $10,578.11.
Discussion:
Young's Air Conditioning staff recommended the replacement of the Compressor for the CU-W2 Grand Room WO4 Unit, with an estimated cost of $10,578.11.
Staff is requesting $11,000.00 for the repairs to the air conditioning unit. 69 Fiscal Impact:
A total of $11,000.00 is being requested for amendment to the Fiscal Year 2022-2023 budget in the Community Center Fee Fund 244-410-100-753.
Attachments:
Resolution
Vendor Quote
ent Kuhn, Interim Finance Director
70 RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS AMENDING THE FISCAL
YEAR 2022-2023 BUDGET BY INCREASING
APPROPRIATIONS IN THE COMMUNITY CENTER
FEE FUND 244-410-100-753 FOR EXPENDITURES
IN THE AMOUNT OF $11,000.00 FOR THE
PURCHASE OF A COMPRESSOR FOR THE
GRAND ROOM AIR CONDITIONING UNIT IN THE
COMMUNITY CENTER
WHEREAS, the City Council of the City of Los Banos has been presented a proposal to increase the appropriations in the 2022-2023 Fiscal Year budget; and WHEREAS, the City Council of the City of Los Banos may adjust the overall appropriation levels in each fund at any time during the Fiscal Year by action to amend the budget; and
WHEREAS, the proposed Specialized Equipment line item increase includes expenditures of $11,000.00 for the Community Center Fund account 244-410-100-753 for the purchase of a compressor for the Grand Room Air Conditioning Unit in the Community Center; and
WHEREAS, the proposed amendment to the 2022-2023 Fiscal Year Budget for an increase in appropriations to the Community Center Fee Fund expenditures has been reviewed by the Interim Finance Director.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos hereby approves amending the Fiscal Year 2022-2023 Budget by increasing appropriations in the Community Center Fee Fund 244-410-100-753 in the amount of $11,000.00.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 21st day of September 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
71 THIS PAGE IS INTENTIONALLY LEFT BLANK
72 Tel
Email
~•YOUNG'S
AIR CONDITIONING
Contractor's License No. 461520
YOUR QUOTATION
Joe Heim
Los Banos Community Center
645 7th Street
Los Banos, CA 93635
209-827-7034 x13
[email protected]
We are pleased to be able to quote the following job per your request:
Description: Compressor for CU-W2 - Grand Room WO4 Unit 1 - Supply and install new compressor.
2 - Pressure check, evacuate, and recharge system using R422B. 3 - Removal and disposal of existing compressor.
,.,. Prevailing Wages ,.,.
Job Location: 645 7th Street
Price:
Lead time:
Date:
Terms:
!$10,578.11
10-14 days
08/29/2022
net30 days
Thank you for the opportunity to provide this Quote. Please contact me at the below number if you have any questions.
Quote valid until
09/28/2022
Sincerely,
David Lewis
25 West G Street, Los Banos, CA 93635 - Phone (209) 826-4807 Fax (209) 826-5241 - www.youngsair.com 73 THIS PAGE IS INTENTIONALLY LEFT BLANK
74 TO:
FROM:
DATE:
LOsBanos
• t dtt' Crossroads of Calijt>n1ia
Agenda Staff Report
Mayor & City Council Members
Soknirom Than, P.E., Public Works Director/City Enginee~ )L September 21, 2022
TYPE OF REPORT: Consent Agenda
SUBJECT: Authorizing Award of Construction Contract to McElvany Inc. in the amount of $585,731.27, with a 10% contingency in the amount of $58,573.00 for the construction of the Community Center Parking Lot Improvements Project
Recommendation:
That the City Council adopts the Resolution to award the Community Center Parking Lot Improvements project to McElvany Inc. in the amount of $585,731.27 and authorize the Interim City Manager to execute the Construction Contract Agreement in the amount of $585,731.27. Staff is requesting a 10% contingency of $58,573.00. The administration of this contract, including the 10% contingency, is to be perfonned by the Public Works Director/City Engineer.
Background:
The Los Banos Community Center, located at 645 7th St., was constructed in 2009. The building contains popular recreation spaces such as the multi-purpose room and Grand Room. These spaces are used to host activities such as youth sports, weddings, and Quinceanera's. The Community Center is supported by a paved parking lot on the northside of the building, allowing regular access to the front lobby area of the facility. For larger scale events, the overflow parking lot, located on the west-side of the building, provides additional parking spaces.
The overflow parking lot is presently an unpaved area that is absent of lighting and provides insufficient ADA access. The Community Center is commonly used by seniors and individuals that may require ADA access. The Community Center is host to monthly Golden Age dinners and week-long training conferences. It is also host to youth sports practices at least six months per year. Between 12 and 30 large scale Saturday events are hosted each year in the Grand Room.
75 The design of the Community Center overflow parking tot project began in 2017. The project was released for bid in Spring of 2020 but was delayed due to the COVID-19 pandemic. The project is funded from the Community Center fee account 244--410-100- 720, which is designated for improvements at the Community Center.
Discussion:
The Los Banos Community Center is one of the premier destinations in Los Banos. The facility provides a space for residents of all ages and interests. Construction of the overflow parking tot will provide storm drain, lighting and ADA additions to the present space.
Staff enlisted the services of one of the City's on-call engineering firms to design and prepare bid documents for the project. Staff released the project for advertisement on June 6, 2022. The bid opening was held on August 30, 2022. The Public Works Department, through the office of the City Clerk, received two (2) bids from the following contractors:
McElvany Inc.
TBS Contractors
Los Banos
Merced
$585,731.27
$819,018.90
Staff reviewed each of the bid proposals for completeness. McElvany Inc. submitted the lowest responsive and responsible bid for the project.
Staff is recommending a 10% contingency to be made available for the project. The administration of the contract, including the 10% contingency, is to be performed by the Public Works Director/City Engineer.
Environmental Analysis:
Pursuant to the California Environmental Quality Act {CEQA) and the City of Los Banos Environmental Quality Guidelines, an Initial Study was prepared to identify and assess potential environmental impacts as a result of this project. Through the Initial Study, staff determined that the project would not result in any significant adverse effects and the project can be categorically exempt pursuant to Section 15311 (b ), Accessory Structures.
The project involves the construction of a minor accessory structure (i.e. small parking lot) appurtenant to the existing Community Center Facility.
Fiscal Impact:
The Community Center Parking Lot Improvements project is funded from the Commu Center Fee fund 244-410-100-720.
Rev· .,..,.,.,. ~ ~ anager Brent Kuhn,nterim Finance Director Resolution
Bid Opening Sheet
Public Notice
Contract Agreement
Site Map
2022-2023 Fiscal Budget Sheets
76 RESOLUTION NO. __
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS AUTHORIZING THE AWARD
OF THE CONSTRUCTION CONTRACT TO
MCELVANY INC. IN THE AMOUNT OF $585,731.27
WITH A 10% CONTINEGENCY IN AMOUNT
$58,573.00 FOR THE CONSTRUCTION OF THE
COMMUNITY CENTER PARKING LOT
IMPROVEMENTS PROJECT
WHEREAS, City of Los Banos Public Works Department received competitive bids on August 30, 2022 for the purpose of constructing the Community Center Parking Lot Improvements project; and WHEREAS, the Public Works Department determined, after receiving competitive bids, that McElvany Inc. provided the lowest responsive and responsible bid in the amount of $585,731.27; and WHEREAS, the Public Works Department requests the City Council authorize a 10% contingency in the amount of $58,573.00; and
WHEREAS, the Public Works Department requests the City Council authorize the Interim City Manager to execute the Construction Contract Agreement with McElvany Inc. and authorize the Public Works Director/City Engineer to administrate the Construction Contract including the 10% contingency; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA) and the City of Los Banos Environmental Quality Guidelines the Community Center Parking Lot Improvements project was adequately evaluated and determined to be categorically exempt pursuant to Section 15301 (b), Accessory Structures.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby accept and award lhe construction bid of McElvany Inc. in lhe amount of $585,731.27, with a 10% contingency in amount of $58,573.00, authorizes the Interim City Manager to execute the Construction Contract Agreement, and authorizes the Pubnc Works Director/City Engineer to administrate the Construction Contract Agreement including the 10% contingency.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 21st day of September 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 111, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
77 THIS PAGE IS INTENTIONALLY LEFT BLANK
78 LOs Banos
BID OPENING
CONSTRUCTION OF COMMUNITY CENTER
PARKING LOT IMPROVEMENTS
August 30. 2022 - 3:00 PM
1. TBS Contractors
2. McElvany Inc.
Signed: ~ ~ ·
Sara Blevins, CMC
HR Technician/Deputy City Clerk
~ /L ~ -Th_a_n _______ _
Public Works Director/City Engineer
$ 819,018.90
$ 585,731.27
Dated: August 30, 2022
79 THIS PAGE IS INTENTIONALLY LEFT BLANK
80 Advertisement for Bids
CITY OF LOS BANOS
520 J Street
Los Banos, California 93635
Notice is hereby given that separate sealed bids for the award of contract for the Construction of COMMUNITY CENTER PARKING LOT IMPROVEMENTS will be received by the City of Los Banos at the office of the City Clerk until 3:00 p.m. Pacific Daylight Time, July 7, 2022 and then at said office publicly opened and read aloud.
The major work consists of constructing approximately 1,000 linear feet of various types of concrete curbing, 1,870 square feet of concrete pedestrian walkway, paving new parking lot, 18 site lights, and irrigation and landscaping improvements at the City of Los Banos Community Center.
The time for completion shall be seventy-five (75) working days.
The Contract Documents, in their entirety, can be viewed and/or obtained from the City of Los Banos website at www.losbanos.org or at the following locations:
Central California Builders Exchange (www.cencalbx.com) Builders Exchange of Stockton (www.besonline.com)
Valley Builders Exchange, Inc. (www.valleybx.com)
Builders Exchange of Santa Clara County (www.bxscco.com} Dodge Data & Analytics (www.construction.com/plans/}
A payment bond prepared and executed in accordance with California Civil Code Section 3247 and a bond for faithful performance of the contract will be required of the successful bidder who is awarded the contract.
The successful bidder must comply with the latest general prevailing rate of per diem wages as determined by the Director of Industrial Relations, State of California, Department of Industrial Relations and is to be paid to the various craftsmen and laborers required to construct said improvements and is made a part of the specifications and contract for said work to which reference is hereby made for further particulars.
No contractor or subcontractor may be listed on a bid proposal or awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.
This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor registration information can be found at:
http://www.dir.ca.gov/Public-Works/PublicWorks.html
Each bid shall be accompanied by cashier's or certified check or by a bidder's bond, made payable to the City of Los Banos and executed by a corporate surety licensed to issue surety bonds in the State of California, for an amount equal to at least ten percent (10%) of the amount of said bid and no bid shall be considered unless such cashier's or certified check or bidder's bond is enclosed therewith.
The successful bidder of this project shall have the following current and active California State Contractor's License at the time of the submission of the bid and throughout the duration of the 81 contract: Class A - General Engineering Contractor, C-8 - Concrete Contractor, or C12 - Earthwork and Paving Contractor.
Prospective bidders are required to attend a mandatory pre-bid meeting on June 21, 2022.
Bids will not be considered from bidders who were not physically in attendance at the mandatory pre-bid meeting.
Bidders shall refer to the Contract Document's Information for Bidders for complete instructions.
Bidders are solely responsible for the cost of preparing their bids.
The City specifically reserves the right, in its sole discretion, to reject any or all bids, to re-bid, or to waive inconsequential defects, in bidding not involving time, or quality of the work. The City may reject any and all bids and waive any minor irregularities in the bids. 82 Agreement
THIS Agreement is dated as of the ___ day of ___ in the year 2022 by and between the City of Los Banos, a California municipal corporation ("Owner") and McElvany Inc., a Corporation ("Contractor'').
Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows:
1. WORK. Contractor shall complete the work indicated in Owner's Contract Documents entitled "COMMUNITY CENTER PARKING LOT IMPROVEMENTS."
The work is generally described as follows:
• Constructing approximately 1,000 linear feet of various types of concrete curbing, 1,870 square feet of concrete pedestrian walkway, paving new parking lot, 18 site lights, and irrigation and landscaping improvements at the City of Los Banos Community Center. • Contractor shall furnish all of the material, supplies, tools, equipment, labor and other services necessary for the construction and completion of the work described herein.
2. CONTRACT TIME. Contractor shall commence the work required by the Contract Documents within 1 O calendar days after the date of the Notice to Proceed and will complete the same within the time period set forth in the bid, unless the period for completion is extended otherwise by the Contract Documents.
3. LIQUIDATED DAMAGES. Owner and Contractor recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the work is not completed within the time specified in Paragraph 2 herein, plus any extensions thereof allowed in accordance with Paragraph 21, Time for Completion and Liquidated Damages, of the General Provisions. The parties also recognize the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by Owner if the work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner Five Hundred Dollars ($500.00) for each day that passes after the time specified in Paragraph 2 herein.
4. CONTRACT PRICE. Owner shall pay Contractor for completion of the work in accordance with the Contract Documents in current funds the amount set forth in the Bid Schedule(s). The Contractor agrees to perform all of the work described in the Contract Documents for the unit and lump sum prices set forth in the Bid Schedule(s).
5. PAYMENT PROCEDURES. Contractor shall submit applications for payment in accordance with Paragraph 24, Progress Estimates, of the General Provisions. Applications for payment will be processed by Owner as provided in the General Provisions.
6. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between Owner and Contractor concerning the work consists of this Agreement and the following attachments to this Agreement:
83 (A} Advertisement for Bids
(B) Information for Bidders
(C} Bid
(D} Bid Bond
(E) Agreement
(F) Payment Bond
(G) Performance Bond
(H) Notice of Award
(I) Notice to Proceed
(J} Change Order
(K) General Provisions
(L) Special Provisions
(M} Technical Specifications prepared by Gouveia Engineering, Inc. entitled "COMMUNITY CENTER PARKING LOT IMPROVEMENTS", dated June 2022. (N} Drawings prepared by Gouveia Engineering, Inc. numbered C-101 through E-006. (0) Addenda No. 1, dated June 28, 2022 and No. 2, dated August 22, 2022 There are no Contract Documents other than those listed in this Paragraph 6. The Contract Documents may only be amended by change order as provided in Paragraph 19, Changes in the Work, of the General Provisions.
7. MISCELLANEOUS.
A. Terms used in this Agreement which are defined in Paragraph 1 of the General Provisions will have the meanings indicated in the General Provisions.
8. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent {except to the extent that the effect of this restriction may be limited by law}, and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.
C. Owner and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents.
D. The Laws of the State of California shall govern this Agreement. Venue is Merced County.
The provisions of this paragraph shall survive expiration or other termination of this Agreement regardless of the cause of such termination.
E. All bids become property of the Owner. All bids, including the accepted bid and any subsequent contract become public records per the requirements of the California Government Code, Sections 6250-6270, "California Public Records Act". Proprietary material must be clearly marked as such. Pricing and service elements of the successful bid are not considered proprietary information. The Owner will treat all information submitted in a bid as available for public inspection once the Owner has selected a contractor. If you believe that you have a legally justifiable basis under the California Public Records Act (Government Section 6250 et. seq.) for 84 protecting the confidentiality of any information contained within your bid, you must identify any such information, together with the legal basis of your claim in your bid. In order for the Owner to assess confidentiality of any such information on your behalf, you must request, execute and submit an Owner-prepared written agreement to defend and indemnify the Owner for any liability, costs, and expenses incurred in asserting such confidentiality as part of your bid. The final determination as to whether the Owner will assert your claim of confidentiality on your behalf shall be sole discretion of the Owner.
F. This Agreement shall not be interpreted in favor of any Party by virtue of said Party not having prepared this Agreement.
G. If any time period provided for in this Agreement ends on the day other than a Business Day, the time period shall be extended to the next Business Day.
IN WITNESS WHEREOF, Owner and Contractor have caused this Agreement to be executed the day and year first above written.
Date
ATTEST:
Lucille L. Mallonee
City Clerk
APPROVED AS TO FORM:
William A. Vaughn
City Attorney
Date
{Seal if Corporation)
By: ---------------- Authorized Representative of Owner Title: ----------------
By: ---------------- Authorized Representative of Contractor Title:
(Attach Acknowledgement for Authorized Representative of Contractor) 85 THIS PAGE IS INTENTIONALLY LEFT BLANK
86 I
i
.-
1 A
8 LEGEND ----- EXJST1NG PROl'OS(I)
COMMUNICATIONS UNE --COi.;•·-
OVERHEAD UTILITY LIME - · OHi. -·~
UHIJ£RGROOHO El£CIRl:AL UN( - · [ -
UTlllT\' POI£ <--(_)-,
SERVICE POlE 0
SITE LIGHT :¢ <> .. -~l v)
GAS VAi..\€ l><I
GAS UHE -GWATER IET£R l~I
SEWER CLEAN OUT @)
SANffARY SEWER MANHOl.£ ~
STORM DRAIN WANHOLE @ ® DIWN IIUT 'iJI Fl V'
SlRE:ET SIGN +---.,-- ---.,--
MONUMENT WEU. 0
CONTOUR ElEVATIOH 109 ')0
SPOT ElEVATION =./ ,;;
GRADING SLOPE ~
SAWCUT LINE
FIRE HYDRANT '["/.
WAID{ I/Al.VE N H
IRRiCATION VALVE c,'.::i
TREE 0 ROOT BARRIER -/-1--H--
CI-W~ L1Nk FENCE
AREA OF >£ REMOVAL Im AREA OF CONCRET£ REUOVAL i.lil AREA Of GRINDINGS REMOVAL ~ AREA Of LANOsc,i,NG RtllOVAI. ~ COHCRE11'
'5PttAI.TCOHCl!£TE ra
['.'J □
□ FM CLARITY PURPOSES SYMBOLS SHOWN IN THE LEGENO MAY APPO.R SMALLER Ttl.lH SHOWN ON TliE PLAHS.
PlllnSIIHIY tn thlsp/annlS1D4J/l•IZ1tiM'IMpdnNldan ffKJlS/U shee/5 wilhaul .n tJXafN1llrllt/on. Tllfl t»K-"' should be uudloDhaclt pJanshNl BC8/o, -
PROJECT PLANS FOR CONSTRUCTION OF
COMMUNITY CENTER PARKING LOT IMPROVEMENTS
CITY OF LOS BANOS
A ~ ~ / ,, / ,, ~ /
w ~ ~ ft§·'_,·-_, I ~~ ' SC'<.EINFEET ' -z,~ ";/;~~ /Ji 1 . -~', ' t-=:t._ _ _J , Z, "tfJ PROJECT , .
I- --r~ ' ' .. / /~ ,LOCATION)-.,___ ,, ' ~J , , , I !,.J· '- I . ,;: .., I
. '--...
-<.._ I/
!'.
,
~
~,'\.
/... ~
I, '.
~fl- ' -!?..\'"-':-'"' - ~ ~~ _,i:-0,\\'; . ~~ ' ~ I I . ~,~y '~'#-... ~ ~ "'(__ /,f,~ ' I ·, ' ~~ ..._ I
1 .. ~~ .· ', ,~~ ~-Sf;_f;:i!j;~ ~
',,~~~:'~( ~ ~ ~ 9iii!/ ~ ,, , ~zr ~ -~ - J;;f;; "~ ~ ~~ ' ---~----,<
UTILITY CONTACTS
PG&E- STEVE MURPHY l 1 85 M STREIT MERCED, CA 95J4H
4T&T- RENE£ &'iGHAM
1116 M STREET
hff:RCED, ~ 95354
MAIN (209) 726-6338
CELL (209) 363-2216
MAIN (209) 578-73M
INDEX OF DRAWINGS
LOCATIOO MN' AND NlEXOF DRAWINGS
GENER.Al. NOlES, LANDSCAPING NOTES,
AND IRRIGATION NOTES
3 DEMOl.lTION PLAN
-4-6 GRADING ANO DRAINAGE PLAN
6-7 SURFACE IMPROVEMENTS PLAN
" IRRIGATlONPIAN 10-11 LANDSCAPING PIAN
12 STORM DRAIN CONSTRUCTION AND TRENCH DETAILS
13 TYPICAL CROSS SECTIONS ANO CURBING DETAILS
14 MISCELUNEOUS DETAILS
15 LANDSCAPING AND IRRIGATION DETAILS
16 TRAFFIC cotll"ROL DETALS
17 ELECTRICAi. SYMBW ANO AllllREVIATIONS
18 EIECTRICAL ONE-LINE DIAGRAM
19 El£CTRICAL SITE PLAN NEW PARKING LOT
20 El£CTRICAL SITE PLAN EXISTING BUILDING
21 El£CTRICAL DETAILS SHEET 1
22 ELECTRICAL DETAILS SHEET 2
~BENCHMARK
~
'vER1ICAl All> IIORIZOIIIAI. lloll\JM NfOOW.TIOH WAS TAKEN fROli TliE NCS MTA SHEEr FOR PIO HS512fl, VERTICAL DATUM:NAVD88 W:VATI0N:120.96'
HORIZONTAL DATUM:NADSJ-2011, CH.JfORNIA SPCS, ZONE l
DESCRIPTION: STATION IS LOCATED ON THE EAST SIDE OF LOS BANOS, AT THE LOS BINOS MUNICIPAL ~ . IN 1H£ MECXAN Of THE RUNWAY A."C> THE PARAU.EL TAXI, !€AA lt£ FROHT VASI f'OR RUNWAY J2. TO REACH TI1E JONCTlON Cf" STAT£ HQWY 152 AND fflT I STREET ON THE WEST SID£ OF LOS BANOS, 00 NORTHEAST ON 'l'i(5T I STRID FOR 0.06 Ml TO A PAVED ROAD LEFT. MN LEFT, SOUTHWEST, ON PA.\rn ROAD FOR 0.25 Ml TO A LOCK£0 GATE ON lHE RIGHT, TURN RICI-ff, NORTHEASr, THROUGH GATE, PASSINC TO RIGHT OF FUEi.. PUMPS, -'CROSS >PRON FOR 0.05 Mt TO THE PARALL£l TAXI. TURN lfff, NOR'THWEST, ON TAXI f0R 0.06 Ml TO TllE STATKIN ON THE RiGHT. STAllON WARK ~ SIJ IN TIE TOP Of A JO-CM ROUND CONCRETE POST flUSH WITH THE GROUlt) ON A SLIG){f HUUP ~ A BARE AA.EA. n IS 142.1 n SOIJTHWE51' Of THE RUNWAY cotTER, 10J,J FT NORTHcAST Of Di£ EDGE. OF THE APRON/TAXI. 26.6 fT SOIJJHWEST OF lltE SOI.mi CORNER OF THE CONCRETE PAD FOR TI-IE OUTBOARD VASI, 73.8 FT NORTHWEST OF ll-lE EXTEHl)[g SOIJTHEAST WALL OF A HANGAR .4NO 1.J FT NORTtMST OF A flBERGl.ASS WITNESS POST. ~ ., Kno at's w .
Call before you dig.
OWNERIIHIP OF IIOCUMENTil GOUVEIA lllNGINllllllRING. INC. CITY OF LOS BANOS THIS DOCUKNT, AlE THE C0NC0'1S NfD DESIGNS PREst:Nm> HEREJII, AS Ml 1"6TRUMENT Of SE!tACE. IS 1J£ PftOPOnY er QN£ERING, INC., ANO IS IHTtMDED otl.'f' FOR Tl;E IRPQS[ AND ClJOfT fDH' WlilCH IT W-'S PREPARED,
WHOLE OR IN PART, IS NOT PfRMITTED 'fflTHOUf AIJTHORIZAllQ~ BY CCU\lflA D4GINEERING, INC, UON~UrJl'JNO ENGJ.NUR&
456 Sixth Straet • Qaine, Caiforrio 95J22
T~ephooe {209) 654-llll
COMMUNITY CENTER PARKING LOT IMPROVEMENTS-1==•0GR
LOCATION MAP AND INDEX OF DRAWINGS ,.!',;!1-'!!P.-
u. GOINE!A
1 ~-= 125,IM
8 87
THIS PAGE IS INTENTIONALLY LEFT BLANK
88 Account Number
City of Los Banos
Community Center Fee
2022-2023
2019-2020
Description Actual
COMMUNITY CENTER FEE 4" 244-410-100-720 Building & Structures 9,778 244-410-100-753 Specialized Equipment 0
Capital Outlay 9,778
Total Community Center Fee $9,778
212
2020-2021 2021-2022 2022-2023
Actual Estimated Adopted
0 20,000 1,000,000 *
20,869 0 0
20,869 20,000 1,000,000
$20,869 $20,000 $1,000,000
89 Community Center Fee
CAPITAL OUTLAY
4f 720-BUILDINGS & STRUCTURES: $1,000,000 for the construction of the overflow parking lot at the ~ Community Center. An additional $130,000 is provided from the Storm Drain account for the storm drain portion of the project.
213
90 LOsBanos
At t1,c Crossroad . ; J
Agenda Staff Report
TO: Mayor & City Council Members
FROM:
DATE:
Soknirom Than, P.E., Public Works Director/City Enginee~ I [ September 21, 2022 __,,,,
TYPE OF REPORT: Consent Agenda
SUBJECT: Adopting a revised budget for the Fiscal Year 2022-2023 as it pertains to expenditures in Park Maintenance for Technical Services Recommendation:
That the City Council adopt a Resolution to amend the budget for the 2022-2023 Fiscal Year by increasing expenditures in the Park Maintenance Technical Services account in the amount of $8,950.
Background:
The City Council may amend the budget by resolution, adjusting the overall appropriation levels in each fund at any time during the fiscal year if funds are available.
The Park Maintenance Technical Services account (100-452-100-238) covers any services and supplies outside the scope of the City's Maintenance contract. Council approved the appropriations in this account on June 15, 2022 with Resolution #6519.
Discussion:
On May 24, 2021 a traffic collision occurred where a driver drove through the corner of B Street and Mercy Springs Road, damaging the chain link fence, vegetation, irrigation and backflow device. The City received insurance proceeds of $8,950 from the driver's insurance company on August 11, 2021. The repairs at this location are now complete and payment of $8,950 is due.
To cover this additional, unplanned expenditure, a budget amendment in the amount of $8,950 is required to the Park Maintenance Technical Services account (100-452-100- 238). This will increase the total budget in this account to $74,950.
Fiscal Impact:
Funds are available to cover this expense since the insurance proceeds were deposited in the General Fund. This amendment will increase the adopted expenditure to the Park Maintenance Technical Services account (100-452-100-238) by $8,950. 91 ~ ----==--- b. _uJL w v(L Brent Kuhn
Interim Finance Director
Attachments:
Resolution
92 RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LOS BANOS AMENDING THE
FISCAL YEAR 2022-2023 BUDGET AS IT
PERTAINS TO THE EXPENDITURES IN THE
PARK MAINTENANCE TECHNICAL SERVICES
ACCOUNT IN THE AMOUNT OF $8,950.
WHEREAS, the City Council of the City of Los Banos has been presented an amendment to the Fiscal Year 2022-2023 budget; and
WHEREAS, the City Council of the City of Los Banos may adjust the overall appropriation levels in each fund at any time during the Fiscal Year by action to amend the budget; and
WHEREAS, the proposed budget increase is $8,950 in expenditures for the Park Maintenance Technical Services account 100-452-100-238; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos hereby amends the Fiscal Year 2022-2023 Budget to include an increase of $8,950 in expenditures to the Park Maintenance Technical Services account 100-452- 100-238.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 21st day of September 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
93 THIS PAGE IS INTENTIONALLY LEFT BLANK
94 LOsBanos
Agenda Staff Report
TO: Mayor & City Council Members
FROM: ~~J _ ~ ,c_ Soknirorn Than, P.E., Public Works Director/City Engineer ~- 1 DATE: September 21, 2022
TYPE OF REPORT: Consent Agenda
SUBJECT: Authorizing an Amendment to Fiscal Year 2022-2023 Budget in the American Rescue Plan Act (ARPA) Fund in the line item 206-410-100- 753 for the purchase of scoreboards at Colorado Ballpark Recommendation:
That the City Council adopt the Resolution authorizing the amendment to the Fiscal Year 2022-2023 budget in ARPA Fund line item 206-410-100-753 in the amount of $19,000.00 for the purchase of scoreboards at Colorado Ballpark.
Background:
Colorado Ballpark is host to the Los Banos Little League. Colorado Ballpark contains three ballfields, each with an outfield scoreboard. The scoreboards are used during Little League games and tournaments. Due to their age and condition, the scoreboards were identified for replacement using American Rescue Plan Act (ARPA) funding.
The City of Los Banos Public Works staff solicited quotes from scoreboard companies.
On May 18, 2022, City Council approved an agreement to purchase three new scoreboards. The new scoreboards, which are 4'x8' and include wireless capability, were ordered from Electro-Mech Scoreboard Company in June 2022. Due to a shipping delay the scoreboards arrival were delayed by several weeks. On July 19, 2022, the scoreboards were delivered to the City of Los Banos.
Discussion:
Funding for the scoreboards was included in the Fiscal Year 2021-2022 budget, ending on June 30, 2022. Due to the delay in delivery, there is insufficient funding for the scoreboards in Fiscal Year 2022-2023. A budget amendment to the ARPA fund will shift unused funding from Fiscal 2021-2022 to Fiscal Year 2022-2023. 95 Expenses total $19,000 for purchase and connection of the scoreboards at Colorado Ballpark. Expenses include three 4 x 8' scoreboards, hand-held wireless remotes, and ID panels. Additional expenses include approximately $3,000 for electrical connection of the scoreboards.
Fiscal Impact:
A total of $19,000 will be amended to the Fiscal Year 2022-2023 budget in the ARPA Fund for purchase of scoreboards at Colorado Ballpark.
Attachments:
Vendor Invoices
Resolution
96 RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS AMENDING THE FISCAL
YEAR 2022-2023 BUDGET BY INCREASING
APPROPRIATIONS IN ARPA FUND 206-410-100-
753 FOR EXPENDITURES IN THE AMOUNT OF
$19,000.00 FOR THE PURCHASE OF
SCOREBOARDS AT COLORADO BALLPARK
WHEREAS, the City Council of the City of Los Banos has been presented a proposal to increase the appropriations in the 2022-2023 Fiscal Year budget; and WHEREAS, the City Council of the City of Los Banos may adjust the overall appropriation levels in each fund at any time during the Fiscal Year by action to amend the budget; and
WHEREAS, the proposed Specialized Equipment line item increase includes expenditures of $19,000.00 for ARPA Fund account 206-410-100-753 for the purchase of scoreboards at Colorado Ballpark; and
WHEREAS, the proposed amendment to the 2022-2023 Fiscal Year Budget for an increase in appropriations to ARPA Fund expenditures has been reviewed by the Interim Finance Director.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos hereby approves amending the Fiscal Year 2022-2023 Budget by increasing appropriations in ARPA Fund account 206-410-100-753 in the amount of $19,000.00.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 21st day of September 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 111, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
97 THIS PAGE IS INTENTIONALLY LEFT BLANK
98 Order Date: March 21, 2022
72 Industrial Blvd.
Wrightsville, GA 31096
Rev. 5/24/2022
0057272
13.40707 \
Order Number:
'-------------------1 \.__ ___________ ------JI
I
Billing Information:
City of Los Banos
520 J Street
Los Banos, CA 93635
Shipping Information:
City of Los Banos
520 J Street
Los Banos, CA 93635
I ...... ,.. • ..,_
800-445-7846 (v)
478-864-0212 (f)
Purchase Order: Estimated Ship Date: 6/19/2022
Customer to . P~ rr,ent Ttrrns Shi Via
CALOSBAN1 NET 30 DAYS BESTWAY
3 319-40-1030 LX1030, BASEBALL, 8FT X 4FT
Digit Color AMBER DIGITS
Face Color MATTE BLACK
Caption Color WHITE CAPTIONS
Stripe Color WHITE STRIPING
Console Type Guest on Left, Home on Right, MM Console
Communication Type Scorelink Embedded Wireless
Team Name Type STANDARD GUEST AND HOME CAPS
3 332-40-4000
Wireless Type
3 544-10-4825
Carlos Granillo
209-827-2483
[email protected]
SL-400 WIRELESS SYSTEM
SL-400 EMBEDDED RX EMBEDDED TX
CARRYING CASE, CONSOLE
www . electro-mech . com
Sates R•
Kelly Lombard
000 3,080.00 9,240.00
000 800.00 2,400.00
000 120.00 360.00
Net Order: 12,000.00
Less Discount: 2,400.00
Freight: 2,200.00
Sales Tax: 0.00
Order Total: $11,800.00
Order Balance: $11,800.00
99 Order Date: April 26, 2022
72 Industrial Blvd.
Wrightsville, GA 31096
Rev. 7/1/2022
0058145
9.74089 \
Order Number:
.__ _______________ _
'---------------'/
I
Billing Information:
City of Los Banos
520 J Street
Los Banos, CA 93635
Shipping Information:
City of Los Banos
520 J Street
Los Banos, CA 93635
800-445-7846 (v)
478-864-0212 (f)
INVOICE --ir
r Purchase Order: Estimated Ship Date: 8/25/2022 ]
Custo111erlD I Pc1vrnent Terms I Ship Via I Safes Rep
CALOSBAN1 I NET30 DAYS I BEST WAY I Kelly Lombard
1 318-60-0024 ID PANEL, 2FT TALL, EXT 000 480.00 480.00 5 ft. Centers Colorado Ballpark - Field #1
Width 8 Feet Wide
Location Top
Mounting Hardware Type 2 POSTS - Up to 10 Inch Wide Up to 13.5 Inch Deep 1 318-60-0024 ID PANEL, 2FT TALL, EXT 000 480.00 480.00 5 ft. Centers Colorado Ballpark - Field #2
Width 8 Feet Wide
Location Top
Mounting Hardware Type 2 POSTS - Up to 10 Inch Wide Up to 13.5 Inch Deep 1 318-60-0024 ID PANEL, 2FT TALL, EXT 000 480.00 480.00 5 ft. Centers Colorado Ballpark - Field # 3
Width 8 Feet Wide
Location Top
Mounting Hardware Type 2 POSTS - Up to 10 Inch Wide Up to 13.5 Inch Deep Net Order: 1,440.00
Less Discount: 288.00
Freight: 1,875.00
Sales Tax: 0.00
Order Total: $3,027.00
Order Balance: $3,027.00
www.electro-mech.com
100
ELECTRO-MECH 72 Industrial Blvd.
Wrightsville, GA 31096
Order Date: June 07, 2022
Billing Information:
City of Los Banos
520 J Street
Los Banos, CA 93635
Order Number: 0059072
Rev. 7/1/2022 9.76943
Shipping Information:
City of Los Banos
520 J Street
Los Banos, CA 93635
800-445-7846 (v)
478-864-0212 (f)
[ Purchase Order: L Estimated Ship Date: 8/25/2022
.,
Custom•r ID PavmJrtt Terms I ShiD Via I Sales Rep
CALOSBAN1 NET 30 DAYS I UPS GROUND I Kelly Lombard
3 332-26-0409 WHH, BASEBALL-WIRELESS 000 440.00 1,320.00 Net Order: 1,320.00
Freight: 50.00
Sales Tax: 0.00 ------- Order Total: $1,370.00
Order Balance:----$-1,-37-0-.0-0
Order Notes
www.electro-mech.com
101
THIS PAGE IS INTENTIONALLY LEFT BLANK
102
TO:
FROM:
DATE:
LOsBanos
1u rhe Lrossroe1ds <~/ L .,
Agenda Staff Report
Mayor Faria and City Council Members
Stacy Souza Elms, Community and Economic Development Director ~ September 21 , 2022
TYPE OF REPORT: Consent Agenda
SUBJECT: Authorize the Execution of a Contract to AD ART, Inc, for the Construction and Installation of a New Digital Welcome Sign and Associated Infrastructure and Budget Amendment
Recommendation:
That the City Council authorize the Interim City Manager to execute a Contract with AD ART, Inc. for the construction and installation of a new digital welcome sign and associated infrastructure and approve the request for a Budget Amendment.
Background:
On June 15, 2022, the Los Banos City Council approved Fiscal Year 2022-2023 Budget which included $55,000 Capital Improvement Project for a new digital entrance sign on the east end of Pacheco Boulevard.
Discussion:
The Community and Economic Development Department prepared a Request for Proposal (RFP) to seek qualified contractors to prepare and submit a proposal to design, construct and install a digital sign and associated infrastructure on the east end of Pacheco Boulevard near the City limits. The new digital welcome sign will be located on the north side of Pacheco Boulevard heading west bound into the City of Los Banos. 1 103
The City received two (2) proposals from qualified firms. After reviewing the proposals, staff recommends the City Council authorize the City Manager to execute a Contract with AD ART, Inc. in the amount of $119,973.00
The City Attorney has reviewed the attached Contract and has approved to form Fiscal Im pact:
Fiscal Year Budget 2022-2023 budgeted $55,000 in expenditures for the proposed new digital sign; however, the lowest proposal received was $119,973.00, which would increase appropriations in the General Fund by $64,973.00 to account 100-419-100-740 for Miscellaneous Equipment.
The additional cost is due to increased construction and material costs especially as they relate to electronics.
Brent Kuhn, Interim Finance Director
1. Resolution
2. Contract for the Los Banos Digital Sign Project - East 2 104
RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS AUTHORIZING THE
INTERIM CITY MANAGER TO EXECUTE A
CONTRACT WITH AD ART, INC FOR THE
CONSTRUCTION AND INSTALLATION OF A NEW
DIGITAL WELCOME SIGN AND ASSOCIATED
INFRASTRUCTURE AND BUDGET AMENDMENT
WHEREAS, a Request for Proposal from qualified firms for the construction and installation of a new digital welcome sign and associated infrastructure was issued on July 1, 2022; and
WHEREAS, the City Council has considered the proposal from AD ART, Inc. for the construction and installation of a new digital welcome sign and associated infrastructure; and
WHEREAS, the City Council of the City of Los Banos has been presented an amendment to the Fiscal Year 2022-2023 budget; and
WHEREAS, the City Council of the City of Los Banos may adjust the overall appropriation levels in each fund at any time during the Fiscal Year by action to amend the budget; and
WHEREAS, the proposed budget increase is $64,973.00 in expenditures for the Community and Economic Development Department, Miscellaneious Equipment account (100-419-100-740); and
WHEREAS, the proposed Contract has been review and approved by the City Attorney.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos as follows:
1. The Interim City Manager is authorized and directed to execute a Professional Service Agreement with AD ART, Inc. in the form presented herewith for an on behalf of the City, subject to changes to the indemnity provisions as approved by the City Attorney.
2. That the City Council of the City of Los Banos hereby amends the 2022-2023 Fiscal Year Budget to include an increase of $64,973.00 to expenditures account 100- 419-100-740.
1 105
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 21 st day of September 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
2 106
CONTRACT BETWEEN THE CITY OF LOS BANOS AND AD ART SIGN
COMPANY FOR THE LOS BANOS DIGIT AL SIGN PROJECT - EAST
THIS CONTRACT is made and entered into this day of ___ , 2022, between CITY OF LOS BANOS, a California municipal corporation ("City") and AD ART SIGN COMPANY ("Contractor");
RECITALS
A. WHEREAS, 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. WHEREAS, City desires to contract out for the purchase and installation of a digital sign on Pacheco Blvd at the eastern entrance to the City of Los Banos; C. WHEREAS, a Request for Proposal prepared by the City was issued on July l, 2022;
D. WHEREAS, Contractor submitted a responsive proposal in response to the Request for Proposals;
E. WHEREAS, City has determined that Contractor is qualified by experience and ability to render such services.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:
I. SCOPE OF WORK AND COMPENSATION
1.01. Scope of Work. Subject to the terms and conditions set forth in this Contract, Contractor shall furnish all labor, materials, services, transportation, and equipment necessary for the purchase and installation of one single face 10mm EMC display with illuminated letters and logo cabinet, as more specifically described in Exhibit A attached hereto and incorporated herein by this reference. Contractor shall not be compensated for any work for services rendered in connection with its performance of this Contract, which are in addition to or outside of the Scope of Work, except as expressly provided for herein. It shall be Contractor's responsibility to ensure that the scope and price of any Extra Work to be performed by Contractor is approved by City in writing in advance of Contractor's commencement of the Extra Work.
1.02. Compensation. The total amount to be paid under this Contract for all of the work set forth in Section 1.01 above shall not exceed $119,973.00 as detailed in Exhibit B attached hereto and incorporated herein by this reference. This price includes all costs for labor, materials, tools, equipment, services, warranty, taxes, insurance, overhead, profit and all other costs necessary to perform the work in accordance with this Contract. The cost or compensation for any Extra Work shall be mutually agreed upon by the parties in writing. 1 107
1.03. Billing. Compensation shall be paid to Contractor in three equal payments: I/3rd upon approval and execution of this Contract; 113rd upon commencement of on-site installation of LED Board; and 113rd upon completion (fully operational) by Contractor and acceptance by City. Contractor shall provide City with an invoice upon completion of each milestone. City shall pay Contractor within thirty (30) days of receipt and approval of the invoice by City staff.
1.04. Time for Performance. Time is of the essence in the performance of services under this Contract. After the Contract has been executed by City, Contractor shall begin work after the effective date of the Notice to Proceed issued by City and shall diligently and timely manner prosecute the work from the effective date of the Notice to Proceed. All work under this Contract shall be completed before the expiration of one hundred twenty (120) business days from the commencement date specified in the Notice to Proceed. The failure by Contractor to perform the services in a diligent and timely manner shall constitute a material breach of this Contract and may result in termination of this Contract by City.
2. GENERAL WORK REQUIREMENTS
2.01. Standards. Contractor agrees that all Services shall be performed in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and warrants that it, its employees and subcontractors shall have sufficient skill and experience to perform the Services and that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained in good standing throughout the term of this Contract.
2.02. Public Convenience. Contractor shall so conduct its operations as to offer the least possible obstruction and inconvenience to the public and to owners of abutting property.
2.03. Traffic Control Measures. Contractor shall provide appropriate vehicular, pedestrian and bicycle traffic control measures. All work shall be planned and carried out so that there is least possible inconvenience to vehicular and pedestrian and bicycle traffic along the project area.
2.04. Sound Control Requirements. Contractor shall comply with all local sound control and noise level rules, regulations and ordinances that apply to any work performed pursuant to the Contract. Unless otherwise provided in writing, work shall be limited to Monday through Friday from 8:00 a.m. to 5:00 p.m.
2.06. Safety Requirements. Contractor shall comply with all safety requirements prescribed by applicable federal, state and local laws and regulations to ensure the safety and health of those working and the local community. Contractor shall assume all responsibility for public safety during the course of the work and all such costs shall be included in the Contract price. Whenever Contractor's operations create a condition hazardous to traffic or to the public, it shall furnish, erect and maintain, at its expense, such fences, barricades, lights, signs and other 2 108
devices and take such other protective measures as are necessary to prevent accidents or damage or injury to the public.
3. CONTRACTOR'S RESPONSIBILITIES
3.01. Responsibility for Damage. Contractor shall be responsible for any loss or damage that may happen to the work and for any loss or damage to any of the materials of other things used or employed in performing the work.
3.02. Indemnification and Hold Harmless. Contractor shall indemnify, defend and save harmless City, and its officials, officers, employees, volunteers and agents against all suits, claims or losses (including attorneys' fees and expenses) that may be based on any injury or damage to, or death of any person or any damage to property that may occur, or that may be alleged to have occurred, arising from the performance of this Contract by Contractor, its subcontractors or employees, whether or not it shall be claimed that the injury was caused through an act or omission of Contractor, its subcontractors, employees or other agents, except for the sole negligence, active negligence or willful misconduct of City. Contractor shall, at its own expense, pay all charges of attorneys and all cost and other expenses arising or incurred in connection with such suits, claims or losses. If any judgment shall be rendered against City in connection with any such suit, claim or loss, Contractor shall at its own expense satisfy and discharge it.
3.03. Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of work. Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City.
A. Certificates o( lnsurance. Contractor 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 Contract.
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. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance with limits of at 3 i
109
least one million dollars ($1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
ii. General Liability Coverage. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($2,000,000) per occurrence, two million dollars ($4,000,000) general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Contractor's general liability policies shall be primary and non-contributory, and be endorsed using Insurance Services Office form CG 20 10 to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. For construction contracts, an endorsement providing completed operations to the additional insured, ISO form CG 20 3 7, is also required. 111. Automobile Liability Coverage. Contractor shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than one million dollars ($1,000,000) per accident. If Contractor owns no vehicles, this requirement may be met through a non-owned auto endorsement to the CGL policy.
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 Contractor.
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 Contractor'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.
111. 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.
v1. The insurance provided by this policy shall not be suspended, voided, canceled, or 4 110
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.
Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Contract, or the extent to which Contractor may be held responsible for payments of damages to persons or property.
3.04 Payment of Taxes. The Contract prices paid for the work shall include full compensation for all taxes which Contractor is required to pay, whether imposed by Federal, State or local government, including, without being limited to, Federal excise tax. No tax exemption certificate or any document designed to exempt Contractor from payment of any tax will be furnished to Contractor by City, as to any tax on labor, services, materials, transportation, or any other items furnished pursuant to the Contract. Contractor shall withhold and pay any and all sales and use taxes, withholding taxes, whether State or Federal, Social Security taxes, State Unemployment Insurance charges and all other taxes that are now or hereafter may be required to be paid or withheld under any laws.
3.05. Permits and Licenses Contractor covenants and declares that it has obtained all certificates, licenses, permits or the like required of Contractor by any and all national, state, regional, county, city or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the services contracted for under this Contract. Contractor shall comply with all permits applicable to the work. Contractor has and shall maintain the appropriate State Contractor's License, pursuant to Chapter 9 of Division 3 of the California Business and Professions Code.
CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED BY
THE CONTRACTORS' STATE LICENSE BOARD WHICH HAS JURISDICTION TO
INVESTIGATE COMPLAINTS AGAINST CONTRACTORS IF A COMPLAINT
REGARDING A PATENT ACT OR OMISSION IS FILED WITHIN FOUR YEARS OF THE DATE OF THE ALLEGED VIOLATION. A COMPLAINT REGARDING A LATENT ACT OR OMISSION PERTAINING TO STRUCTURAL DEFECTS MUST BE FILED WITHIN 10 YEARS OF THE DATE OF THE ALLEGED VIOLATION. ANY QUESTIONS
CONCERNING A CONTRACTOR MAY BE REFERRED TO THE REGISTRAR, CONTRACTORS' STATE LICENSE BOARD, P.O. BOX 26000, SACRAMENTO, CALIFORNIA 95826.
3.06. Labor Code Requirements. Attention is directed to the following requirements of the Labor Code:
a. Labor Non-Discrimination. Contractor shall comply with Section 1735 of the Labor Code which provides Contractor shall not discriminate against any employee who is employed on the work because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status or sex of such persons, except as provided in Section 12940 of the Government Code. 5 111
b. Prevailing Wages. Contractor shall comply with California Labor Code Sections 1770 to 1780, inclusive.
c. Payroll Records. Contractor's attention is directed to the following provisions of Labor Code Section 1776. Contractor shall be responsible for the compliance with these provisions by his subcontractors. Contractor and each subcontractor shall preserve their payroll records for a period of three (3) years from the date of completion of the Contract. d. Workers' Compensation. Pursuant to the requirements of Section 1860 of the California Labor Code, Contractor will be required to secure the payment of workers' compensation to his employees in accordance with the provisions of Section 3 700 of the Labor code. By signing this Contract, Contractor certifies the following:
"I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract."
3.07. Warranty. Contractor warrants to City that all materials and equipment furnished shall be new, free from liens, encumbrances, faults and defects, and of good quality and fit for the purpose intended.
Contractor warrants and guarantees for one (1) year from and after the date the City accepts the Work that the materials and labor necessary for the Work shall operate as provided for in the Scope of Work. During the term of this warranty, Contractor shall, without delay, provide all materials, parts and labor, at its own expense, which are necessary to repair and/or correct any and all defects, installation or operational failures in the equipment from any cause so that said Work will function successfully as originally contemplated. Notwithstanding the foregoing, Contractor shall not be required to bear the expense of correction of any failure in the equipment that is caused by the sole or active negligence or willful misconduct of the City.
Should Contractor fail to act promptly or in accordance with this requirement, or should the situation require that repairs or replacements be made before Contractor can be notified, the City may, at its option, make the necessary repairs or replacements or perform the necessary work and Contractor shall pay to the City the actual cost of such repairs. Contractor shall also pay to the City and attorneys' fees incurred to enforce this guaranty. This warranty by the Contract is in_ addition to any warranties or guarantees required or provided by the manufacturer or supplier.
3.08. Independent Contractor Status. Contractor shall independently perform all work under this Contract and shall not be considered an agent or employee of City; nor shall Contractor's subcontractors or employees be considered as subagents of the Owner.
3.09. Hazardous Chemicals and Wastes. Should any release, discharge, leakage, spillage, emission or pollution of any hazardous chemicals or wastes occur due to Contractor's work, then Contractor at its sole cost shall clean all affected property to the satisfaction of City and any governmental body with jurisdiction. Contractor shall immediately report any such 6 112
release to the Director of Public Works. If the performance of the work outlined by these Contract Documents creates any hazardous wastes, Contractor shall properly dispose of such wastes in full accordance with federal, state and local laws, at its expense.
3.10. Compliance with Laws. All work performed by Contractor under this Contract shall be in accordance with applicable federal, state and local requirements, including, but not limited to environmental laws and laws regarding disposal of hazardous wastes.
3.11. Non-collusion Declaration. By executing this Contract, Contractor declares that only persons or parties interested in this Contract are those named in Contractor's Proposal and that such proposal was not made in the interest of or on behalf of any undisclosed person, firm or organization; that the proposal was genuine and not collusive or sham; that the signatory to this Contract has not directly or indirectly induced or solicited others to put in a sham proposal, or to refrain from proposing; and that the signatory to this Contract has not in an manner sought by collusion to secure for itself an advantage over other potential proposers.
3.12. Conflicts of Interest. Contractor covenants and declares that other than this Contract, it has no holdings or interests within the City or business holdings or agreements with any official, employee or representative of City and shall disclose any such holdings or interests to City in writing.
3.13. Discrimination Prohibited. Contractor covenants and agrees that in performing the services required under this Contract, Contractor shall not discriminate against any person on the basis of race, color, religion, sex, sexual orientation, national origin, ancestry, age or disability.
4. GENERAL PROVISIONS
4.1 Liquidated Damages. If Contractor fails to complete the Work within the Contract Time, the City will sustain damage. The actual occurrence of damages and the actual amount of the damages which the City would suffer if the Work were not completed within the Contract Time would be impracticable and extremely difficult to determine. Damages the City would suffer in the event of delay include, but are not limited to, loss of the use of the Work, costs of administration, inspection, supervision and the loss suffered by the public within the City.
Accordingly, the parties agree that the amount herein set forth is a reasonable estimate of the damages which the City shall incur upon failure of the Contractor to complete the Work within the Contract Time: Two Hundred Dollars per day ($200/Day). for each calendar day by which completion of the Work is delayed beyond the Contract Time. Contractor agrees to pay such liquidated damages as herein provided, and in case the same are not paid, agrees that the City may deduct the amount thereof from any monies due or that may become due to the Contractor under the Contract.
4.2. Termination. City shall have the right to terminate Contractor's right to proceed with some or all of the work and may terminate this Contract at any time by providing written 7 113
notice thereof at least thirty (30) calendar days in advance of the termination date. In the event of termination, City shall pay Contractor for the reasonable value of services rendered by Contractor prior to termination; provided, however, City shall not in any manner be liable for lost profits which might have been made by Contractor had the contract not been terminated or had Contractor completed the services required herein. The foregoing is cumulative and does not affect any right or remedy that city may have in law or equity.
4.3 Utility Facilities. Attention is directed to the possible existence of underground facilities not known to the City, or in a location different from that which is shown on the plans or in the Special Conditions. The Contractor shall take all steps reasonably necessary to ascertain the exact location of all underground facilities prior to doing work that may damage such facilities or interfere with their service, including but not limited to calling USA utility locator service to mark utilities and performing potholing when necessary.
The Contractor shall protect from damage any utility facilities that are to remain in place, be installed, relocated or otherwise rearranged. If Contractor while performing the Work discovers utility facilities not identified in the Contract Documents, Contractor shall immediately notify the City and the utility provider. City shall arrange the removal, relocation, or protection of existing main or trunk line utility facilities located at the site of the Work but not identified in the Contract.
Contractor will not be entitled to damages or payment for delays caused solely by the failure of City, or the utility provider, to provide for removal or relocation of existing main or trunk line utility facilities not identified in the Contract Documents, except for equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay in completing the Work solely attributable to the failure of City, or the owner of the utility, to provide for removal or relocation of existing main or trunk line utility facilities not indicated in the Contract Documents with reasonable accuracy.
4.4. Controlling Law and Venue. City and Contractor agree that the law governing this Contract shall be that of the State of California. Any suit brought by either party against the other arising out of the performance of or otherwise relating to this Contract shall be filed and maintained in the County of Merced.
4.5. Assignment and Subcontracting. Neither this Contract nor any interest herein nor any claim hereunder may be assigned or subcontracted by Contractor either voluntarily or by operation of law, without the prior written consent of City. No such consent shall relieve Contractor of its obligations to comply fully with the requirements of this Contract.
4.6. Records. Contractor will permit City to audit, examine, and make copies of all contracts, invoices, materials, payroll records of personnel, conditions of employment and or data relating to all matters covered by this Contract. Except as otherwise authorized, such records shall be maintained for a period of three years from the date that final payment is made under this Contract.
4.7. Waiver. Failure of City to insist upon strict performance of any of the terms and 8 114
conditions hereof, or failure or delay to exercise any rights or remedies or to properly notify Contractor in the event of breach, or the acceptance of or payment for any good hereunder, shall not release Contractor of any of the warranties or obligations of this Contract and shall not be deemed a waiver of any right of City to insist upon strict performance hereof.
4.8. Notices. Any notices required to be given pursuant to this Contract 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:
To Contractor:
City of Los Banos
520 J Street
Los Banos, California 93635
Attn: Stacy Souza Elms
Ad Art Sign Company
150 Executive Park Blvd., Suite 2100
San Francisco, CA 94134
Nothing hereinabove shall prevent either City or Contractor from personally delivering any such notices to the other.
4.9. No Personal Liability. No member, official or employee of City shall be personally liable to Contractor or any successor in interest in the event of any default or breach by City or for any amount which may become due to Contractor or successor on any obligation under this Contract.
4.10. Entire Agreement. This Contract contains the entire agreement of the parties with respect to the subject matter of this Contract. Any modifications to this Contract shall be in writing.
4.11. Authority to Contract. Contractor covenants and declares that it has obtained all necessary approvals to bind Contractor to this Contract and that the representative signing the Contract is authorized to do so.
4.12. Integration. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein.
4.13. Amendments. This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney.
4.14. Severability. If any part of this Contract 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 Contract shall continue to be in full force and effect. 9 115
IN WITNESS WHEREOF, the parties hereto have executed this Contract on the dates set forth below.
Date: _____ _, 2022
Date: -----~ 2022
ATTEST:
CITY CLERK
Lucille L. Mallonee, City Clerk
APPROVED AS TO FORM:
William A. Vaughn
City Attorney
AD ART SIGN COMP ANY
by:
CITY OF LOS BANOS, a California
municipal corporation
by: Gregory Wellman,
Interim City Manager
116
EXHIBIT A
The Scope of Work is to provide all of the following, but is not limited to, design, construction and installation of the digital sign and associated infrastructure.
1. A high level conceptual design for a digital sign that can house a 10mm pixel pitch, 312 pixels wide x 144 pixels tall sign with video capabilities.
2. The Content Management System shall be OnSign.tv.
3. To incorporate the words, "Welcome to Los Banos" or "City of Los Banos" in the cabinet design.
4. To incorporate the City's Logo in the sign design.
5. To remove current signage from the site in a manner where it can be restored at a new location by the City and prepare area for new sign construction.
6. Install all electrical conduit, wiring, electric and broadband service to site for installation of sign.
7. To construct cabinet and mount Digital Sign and all associated items.
8. To work with the City to ensure workmanship and operation of Digital Sign and provide training to staff for operation of the Sign. Provide all necessary documentation for sign operation and maintenance.
9. To ensure that all labor, hardware, software, parts and other necessities to complete this project are included.
10. Acquire all necessary Building and Encroachment Permits from the appropriate City Departments. Schedule the necessary inspections with the appropriate City Departments and insure improvements are ready for the inspections.
11. Acquire a Caltrans Encroachment permit for work to be done in the public right-of way or adjacent to the public right-of-way.
11 117
EXHIBITB
Manufacture one (1) single face 10mm EMC display with illuminated letters and logo cabinet
Remove existing display and deliver to City maintenance yard.
Remove footings to grade. Install new display.
Furnish primary electrical service to sign location and make fmal connection.
Sales Tax
$ 81,118.00
$ 17,982.00
$ 13,775.00
$ 7,098.00
$119,973.00
Data connection to sign will be via cellular modem with the first year service included in quote.
Subscription of $100/month required after first year.
12 118
TO:
FROM:
DATE:
.LOsBanos
•\ the Crossroads uf California
Agenda Staff Report
Mayor & City Council Members
Soknlrorn Than, P.E., Public Works Direcior/Cily Engi? L. \ L September 21, 2022
TYPE OF REPORT: Consent Agenda
SUBJECT: Authorizing Award of Construction Contract to Mid Cal PipeHne & Utilities, Inc. in the amount of $1,454,905.00 with a 10% Contingency in the amount of $145,490.00 for the Fairgrounds Area Waterline Project Recommendation:
That the City Council adopts the Resolution awarding the contract of the construction of the Fairgrounds Area Waterline project to Mid Cal Pipeline & Utilities, Inc. and authorize the Interim City Manager to execute the Construction Contract Agreement in the amount of $1,454,905.00. Staff is requesting a 10% contingency of $145,490.00. The administration of this contract, including the 10% contingency, is to be performed by the Public Works Director/City Engineer.
Discussion:
The City of Los Banos adopted the Amended Water Distribution System Master Plan in 2010. One of the planned infrastructure improvements was the replacement of a current 6-inch water line with an 8-inch waterline encircling the Merced County Spring Fairgrounds, beginning at Seventh Street and C Street. to North Street, to D Street, to Third Street, to F Street, down to Seventh Street. The project is designed to increase required fire flows and meet the necessary water supply criteria in the area.
The Public Works Department enlisted the services of our consultant, Gouveia Engineering Inc., to design the project. Once the design was ready, staff released the project for advertisement on Tuesday, May 31, 2022. The bid opening was held on Tuesday, September 6, 2022. The Public Works Department, through the office of the City Clerk, received three (3) bids from the following contractors:
119
Mid Cal Pipeline & Utilities, Inc.
Lawrence Backhoe Service, Inc
Rolfe Construction Company
Merced
Atwater
Atwater
$1A54,905.00
$1,516,098.00
$1,553,083.00
Staff reviewed all of the bid proposals. Mid Cal Pipeline & Utilities, Inc. has provided a responsive and responsible bid for the project Staff is recommending Mid Cal Pipeline & Utilities, Inc. be awarded the contract for the construction of the Fairgrounds Area Waterline project. Staff is recommending a contingency of ten percent (10%). The administration of this contract, including the 10% contingency, is to be perfonned by the Public Works Director/City Engineer.
Environmental Analysis:
Pursuant to the California Environmental Quality Act (CECA) and the City of Los Banos Environmental Quality Guidelines, an Initial Study was prepared to identify and assess potential environmental impacts as a result of this project. Through the Initial Study, staff detennined that the project would not result in any significant adverse effects and the project can be categorically exempt pursuant to Section 15301 (b), Existing Facilities. The project involves the replacement of an existing publicly-owned utility used to provide water services to the public.
Fiscal Impact
Funds for this project have been programmed into water fund 501-461-100-739 in the 2022-2023 fiscal year budget.
Attachments:
Resolution
Bid Opening Sheet
Public Notice
Contract Agreement
Site Map
2022-2023 Fiscal Budget Sheet
Brent Kuhn, Interim Finance Director
120
RESOLUTION NO._
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS AUTHORIZING AWARD OF
CONSTRUCTION CONTRACT TO MID CAL
PIPELINE & UTILITIES, INC. IN THE AMOUNT OF
$1,454,905.00 WITH A 10% CONTINGENCY IN
THE AMOUNT $145,490.00 FOR THE
FAIRGROUNDS AREA WATERLINE
WHEREAS, the City of Los Banos Public Works Department received competitive bids on September 6, 2022 for the purpose of constructing the Fairgrounds Area Watertine in the City of Los Banos; and
WHEREAS, the Public Works Department has determined, after receiving competitive bids, that Mid Cal Pipeline & Utilities, Inc. provided the lowest responsive and responsible bid in the amount of $1,454,905.00; and
WHEREAS, the Publlc Works Department requests the City Council authorize a 10% contingency in the amount of $145,490.00; and
WHEREAS, the Public Works Department requests the City Council authorize the Interim City Manager to execute the Construction Contract Agreement with Mid Cal Pipeline & Utilities, Inc. and authorize the Public Works Director/City Engineer to administrate the Construction Contract including the 100/4 contingency; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA) and the City of Los Banos Environmental Quality Guidelines the Fairgrounds Area Waterline project was adequately evaluated and determined to be categorically exempt pursuant to Section 15301(b), Existing Facilities. ·
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby accept and award the construction bid of Mid Cal Pipeline & Utilities, Inc. in the amount of $1,454,905.00 with a 10% contingency in the amount of $145,490.00, authorizes the Interim City Manager to execute the Construction Contract Agreement, and authorizes the Public Works Director/City Engineer to administrate the Construction Contract including the 10% contingency.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 21st day of September 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
121
THIS PAGE IS INTENTIONALLY LEFT BLANK
122
T Cityof B LOS ·. anos
BID OPENING RESULTS
CONSTRUCTION OF FAIRGROUNDS AREA WATERLINE
September 6, 2022 - 2:00 PM
1. Rolfe Construction
2. Lawrence Backhoe Service, Inc.
3. Mid Cal Pipeline & Utilities. Inc.
Signed: ~ ~
LucyMlonee, MMC
City Clerk/Human Resources Director
~ odQ_~
Administrative Coordinator
$1,454, 179.00* base bid
$ 93,504.00 base alternative
$ 5,400.00 base alternative
$1,553,083.00 Total
$1,409,398.00 base bid
$ 101,400.00 base alternative
$ 5,300.00 base alternative
$1,516,098.00* Total
$1,332,405.00 base bid
$ 115,500.00 base alternative
$ 7,000.00 base alternative
$1,454,905.00* Total
Dated: September 6, 2022
*originally read during bid opening as total bid amount 123
THIS PAGE IS INTENTIONALLY LEFT BLANK
124
Advertisement for Bids
CITY OF LOS BANOS
520 J Street
Los Banos, California 93635
Notice is hereby given that separate sealed bids for the award of contract for the Construction of FAIRGROUNDS AREA WATERLINE will be received by the City of Los Banos at the office of the City Clerk until 2:00 p.m. Pacific Daylight Time, June 28, 2022 and then at said office publicly opened and read aloud.
The major work consists of furnishing and installing approximately 5,275 linear feet of waterlines, 33 water valves, transferring 54 water service connections, 9 fire hydrants, and concrete and pavement repairs at various streets in the City of Los Banos.
The time for completion shall be seventy-five (75) working days.
The Contract Documents, in their entirety, can be viewed and/or obtained from the City of Los Banos website at www.losbanos.org or at the following locations:
Central California Builders Exchange (www.cencalbx.com) Builders Exchange of Stockton www.besonline.com
Valley Builders Exchange, Inc. (www.valleybx.com)
Builders Exchange of Santa Clara County (www.bxscco.com) Dodge Data & Analytics (www.construction.com/plans/)
A payment bond prepared and executed in accordance with California Civil Code Section 9550 and a bond for faithful performance of the contract will be required of the successful bidder who is awarded the contract.
The successful bidder must comply with the latest general prevailing rate of per diem wages as determined by the Director of Industrial Relations, State of California, Department of Industrial Relations and is to be paid to the various craftsmen and laborers required to construct said improvements and is made a part of the specifications and contract for said work to which reference is hereby made for further particulars.
No contractor or subcontractor may be listed on a bid proposal or awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.
This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor registration information can be found at:
http://www.dir.ca.gov/Public-Works/PublicWorks.html
Each bid shall be accompanied by cashier's or certified check or by a bidder's bond, made payable to the City of Los Banos and executed by a corporate surety licensed to issue surety bonds in the State of California, for an amount equal to at least ten percent (10%) of the amount of said bid and no bid shall be considered unless such cashier's or certified check or bidder's bond is enclosed therewith.
The successful bidder of this project shall have the following current and active California State Contractor's License at the time of the submission of the bid and throughout the duration of the contract: Class A or C34.
Prospective bidders are required to attend a mandatory pre-bid meeting on June 9, 2022 at 125
10am.
Bids will not be considered from bidders who were not physically in attendance at the mandatory pre-bid meeting.
Bidders shall refer to the Contract Document's Information for Bidders for complete instructions.
Bidders are solely responsible for the cost of preparing their bids.
The City specifically reserves the right, in its sole discretion, to reject any or all bids, to re-bid, or to waive inconsequential defects, in bidding not involving time, or quality of the work. The City may reject any and all bids and waive any minor irregularities in the bids. 126
Agreement
THIS Agreement is dated as of the ____ day of ___ in the year 2022 by and between the City of Los Banos, a California municipal corporation ("Owner") and Mid Cal Pipeline & Utilities, Inc., a Corporation ("Contractor").
Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows:
1. WORK. Contractor shall complete the work indicated in Owner's Contract Documents entitled "FAIRGROUNDS AREA WATERLINE."
The work is generally described as follows:
• Furnishing and installing approximately 5,275 linear feet of waterlines, 33 water valves, transferring 54 water service connections, 9 fire hydrants, and concrete and pavement repairs at various street in the City of Los Banos.
• Contractor shall furnish all of the material, supplies, tools, equipment, labor and other services necessary for the construction and completion of the work described herein.
2. CONTRACT TIME. Contractor shall commence the work required by the Contract Documents within 10 calendar days after the date of the Notice to Proceed and will complete the same within the time period set forth in the bid, unless the period for completion is extended otherwise by the Contract Documents.
3. LIQUIDATED DAMAGES. Owner and Contractor recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the work is not completed within the time specified in Paragraph 2 herein, plus any extensions thereof allowed in accordance with Paragraph 21, Time for Completion and Liquidated Damages, of the General Provisions. The parties also recognize the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by Owner if the work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner Fifteen Hundred Dollars ($1,500.00) for each day that passes after the time specified in Paragraph 2 herein.
4. CONTRACT PRICE. Owner shall pay Contractor for completion of the work in accordance with the Contract Documents in current funds the amount set forth in the Bid Schedule(s). The Contractor agrees to perform all of the work described in the Contract Documents for the unit and lump sum prices set forth in the Bid Schedule(s).
5. PAYMENT PROCEDURES. Contractor shall submit applications for payment in accordance with Paragraph 24, Progress Estimates, of the General Provisions. Applications for payment will be processed by Owner as provided in the General Provisions.
6. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between Owner and Contractor concerning the work consists of this Agreement and the following attachments to this Agreement:
(A) Advertisement for Bids
(B) Information for Bidders
127
(C) Bid
(D) Bid Bond
(E) Agreement
(F) Payment Bond
{G) Performance Bond
(H) Notice of Award
(I) Notice to Proceed
{J) Change Order
(K) General Provisions
(L) Special Provisions
{M) Technical Specifications prepared by GOUVEIA ENGINEERING, INC. entitled "FAIRGROUNDS AREA WATERLINE", dated MAY, 2022.
{N) Drawings prepared by GOUVEIA ENGINEERING, INC. numbered C-101 through C119. (0) Addenda No. 1, dated June 20, 2022; Addenda No. 2, dated August 11, 2022; Addenda No. 3, dated August 22, 2022.
There are no Contract Documents other than those listed in this Paragraph 6. The Contract Documents may only be amended by change order as provided in Paragraph 19, Changes in the Work, of the General Provisions.
7. MISCELLANEOUS.
A Terms used in this Agreement which are defined in Paragraph 1 of the General Provisions will have the meanings indicated in the General Provisions.
B. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.
C. Owner and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents.
D. The Laws of the State of California shall govern this Agreement. Venue is Merced County.
The provisions of this paragraph shall survive expiration or other termination of this Agreement regardless of the cause of such termination.
E. All bids become property of the Owner. All bids, including the accepted bid and any subsequent contract become public records per the requirements of the California Government Code, Sections 6250-6270, "California Public Records Act". Proprietary material must be clearly marked as such. Pricing and service elements of the successful bid are not consider proprietary information. The Owner will treat all information submitted in a bid as available for public inspection once the Owner has selected a contractor. If you believe that you have a legally justifiable basis under the California Public Records Act (Government Section 6250 et. seq.) for 128
protecting the confidentiality of any information contained within your bid, you must identify any such information, together with the legal basis of your claim in your bid. In order for the Owner to assess confidentiality of any such information on your behalf, you must request, execute and submit an Owner-prepared written agreement to defend and indemnify the Owner for any liability, costs, and expenses incurred in asserting such confidentiality as part of your bid. The final determination as to whether the Owner will assert your claim of confidentiality on your behalf shall be sole discretion of the Owner.
F. This Agreement shall not be interpreted in favor of any Party by virtue of said Party not having prepared this Agreement.
G. If any time period provided for in this Agreement ends on the day other than a Business Day, the time period shall be extended to the next Business Day.
IN WITNESS WHEREOF, Owner and Contractor have caused this Agreement to be executed the day and year first above written.
Date
ATTEST:
Lucille L. Mallonee
City Clerk
APPROVED AS TO
FORM:
William A. Vaughn
City Attorney
Date
(Seal if Corporation)
By:
By:
Title:
--------------- Greg Wellman
Interim City Manager
---------- ----- Authorized Representative of
Contractor
---------- -----
{Attach Acknowledgement for Authorized Representative of Contractor) 129
THIS PAGE IS INTENTIONALLY LEFT BLANK
130
B
~BENCHMARK
Y£RDCN, N«I tflRlZPK[N QlTUl,t;
VE'RJ1C,AJ.. AAD IIORIZONTAl O,.TUM INFORMATION WAS TAKEN FROM TI-fE NGS DAT.'! SHEEr FOR PIO HS5126.
VERTICAL DATUM:NAVD88
ElfVATJON:1 20.96'
HORl20NTAl MTUM:tW>6J- 2011, <:'&IFORNIA SPCS, lot£ J
DESCRIPTION: STATION IS LOCATEO ON TJiE ~ SIDE Of LO$ BANOS, AT THE LOS BANOS MUNICIPM. AIRPORT, 1H THE MEDIAN OF THE RUNWAY ANO THE PARALLEL TAXI, NEAR THE FRONT VASI FOR RUNWAY 32. 10 REACH THE JUNCTION Of STATE HIGHWAY 152 AND WEST I STREET ON Tl£ WE'5T SlDE Of LOS BANOS, GO NORTHEAST OH WEST I STREET FOR 0.06 Ill TO A PA.VEG R(W) LEFT. lURN LEFT, sot.mfWEST.
ON PA YEO ROAD FDR 0,25 Ml TO A. t.OCK£D CATE ON Tiit RIGHT. lURN RIGHT, NORlliEAST, THROUGH GATE, PASSING TO RIGHT or FUEL PUMPS, ACROSS APRON FOR 0.05 Ml 10 THE PARALLEL TAXI. TURN LfJ'T, NORTHWEST, ON TAXI fOR 0.06 LIi TO THE STATION ON THE RIGHr.
STATION MARK IS SfT 1H THE TOP or A JO-CM ROUND CONCKIE POST ruiSH WtlH TH£. CROONO OH A SUGHT HUMP IN A ~ AA£>+.. If IS 142. 1 FT SOUTHWEST or Tl£ ,IJNWAY COO ER, IOJ.J fT NORTHfAST OF THE £OGE OF THE //IRON/TAXI, 26.6 fl SOUlhWEST Of TI-iE SOUfH CORNER OF THE CONCRETE PAD FOR THE OUTBOARD VASI, 7J.8 FT NORIHWEST OF THE EXIDJOED SOUTHEAST WPLI.. OF A HANGAR AND 1,J FT NORTHWEST Of A ABERCLASS WITNESS POST.
UTILITY CONTACTS
PG&E- STEVE UURPHY 3185 hi STREEI
MERCED, CA 9534-a
AT&:T- RENEE BINGHAM 1116 M STREIT
MERCED, ~ 95J54
MAIN (209) 726-6JJ8
CUL (209) 363-2216
..... (209) 578-7354
Plan.,,._ In lhlsplan-,, .. fi.Jllsia wm,npnntsrJa,r 11111T~1zs MIBBfS wilhoutar,Ull{}9tll1lllon 1httbllr$CB/elhoUklWIJSOdtor:htJckpfansheetSO.:W.
PROJECT PLANS FOR CONSTRUCTION OF
FAIRGROUNDS AREA WATERLINE
CITY OF LOS BANOS
jtjjWitUJllilWT:nr·IBTI]1L;rni;~1; ~ ~J::F•-
J
m= -- , t- . . :,., _
-~ illTITIJ ffif@t: H tffiIT3 3= [' .. '{ '. 3~. l l::t I I , . ' 1-1-11-- , - :iin mm~ rn ~ ~ r-::rn+:Ht:HIB
~f~=-~'
~
~ - ~~------
~l:.
~:=,.·.
~ ~~~"9 ', ~ ~ "111r· -·-, I
'---
[
,)JJ.J)
am
r:11T,
r~-~ 750 ~~~~ • ~?;,...._~~~ ~ ?~ J: t'-~ ."... .... , ~ , / I /~= ~
INDEX OF DRAWINGS
1 LOCATION MAP HIOtl!lEXOFOAAWINGS
2 PRO.E.CTN011:SANDLEGEND
3 KEY SHEET
4 3RDSlREETIMPROIIEMENTSSTA.11tODTO t7t00
5 3RD STRl:ET IMPROVEMENTS STA. 17+00 TO 1!1>50
6 OSTREETIW'RO\ISENTSSTA.1tiOOTO 17+00
7 OSrnEETIMl'ROVEMENTSSTA. t7+00TO18+80
8 NORlli STREET IMPROVEMENTS STA.11~ TO 14+25
9 C STREET IMPROVB\4ENTS STA. 12+25 TO ta+0D
10 C STREET IMPROVEMENTS STA. 18+00 TO 24+00
t1 FSIBEETIMPROVEMENTSSTA.11+50TO17~
t2 FSTREETIMPRO"81ENTSSTA.17+50TO22+75
13 F STREET IMPROVEMENTS STA. 22+75 TO 27+75
14 F STREET IMPROVEMENTS STA. 27+75 TO 30+50
15 THRUSTSLOCKANDTREHCH B.ICKFUOETAILS
18 WATER IMPROVEMENT DETAILS
17 CONCRETE IMPROVEMENT DETAILS
18 MISCELLANEOUS DETAILS
19 TRAFFIC COl'ITROI. IJETAILS
Know
~ what's below.
Call before you dig.
I --
__ -- ~ 1KS DOCUMENT~~:.~ .. pRESENl[I) GOUVEIA lllNGINlUl:RING, INC. CITY OF LOS BANOS :..rr:r- ... 05~/V. C-101 ! ---·---~---"--I "J~;:r:;.~.t..=:."il'c'..~~~.J:''i,.~TH°k' CUN8UU~INGENGlN"""9 FAIRGROUNDSAREAWATERLINE _10~. 05/.Q!l./22 -1 i -- ---- - •:~~ r.u~~ "ci'f :'~.'\;' ~~.;;,#fl', •:,r~o 456 soM Slnlol ' Qstino. Contaria !15.1Z2 LOCATION MAP AND INDEX OF DRAWINGS ~ ~ '""os/o9/l2 " 1 =· a.Y ~ ----- al5Cll'lllll • --,...- WRITTEN AlllHORCZATklH BY GOUVEIA ~. INC, Telept'ale (209) ffi4..-lD) r~ OMIOS/09/ 22 rmi:f'::
i t ~ 2 V
B
131
THIS PAGE IS INTENTIONALLY LEFT BLANK
132
City of Los Banos
Water
2022-2023
Account Number Description
2019-2020 2020-2021 2021-2022 2022-2023
Actual Actual Estimated Adopted
501-461-100-101 Salaries 647,099 649,917 635,037 809,108 501-461 -100-102 Part Time 15,638 0 34,000 45,000
501-461-100-103 Overtime 32,897 24,802 15,000 23,500
501-461-100-120 Benefits 489,154 519,799 490,000 611,923 501-461-100-121 Benefits-PERS 166,476 179,858 173,766 201,105 Personnel Services 1,351,265 1,374,376 1,347,803 1,690,636 501-461-100-201 Grounds Maintenance 2,835 3,000 8,000 6,000 501-461-100-202 Fleet Repair & Maintenance 14,226 19,167 16,500 18,150 501-461-100-203 Equipment Repair & Maintenance 8,189 2,618 9,000 9,000 501-461-100-204 Fleet Services 50,980 32,472 36,543 45,947 501-461-100-205 Facility Maintenance 11,026 5,298 13,865 13,000 501-461-100-206 Property Lease 256,311 256,311 256,311 256,311 501-461-100-208 Rental - Vehicles & Equipment 17,964 11,910 12,000 12,000 501-461-100-212 Well Repair & Maintenance 29,060 64,675 94,500 100,000 501-461-100-231 Professional Services 40,618 95,995 88,000 410,000 501-461-100-236 Medical Services 1,365 1,254 1,500 1,500 501-461-100-237 Recruitment 714 32 2,000 1,000
501-461-100-238 Technical Services 66,663 112,814 90,000 90,000 501-461-100-240 LT. Services 7,520 6,381 6,434 6,467
501-461-100-250 Insurance 50,978 61,763 86,503 94,750
501-461-100-251 Memberships & Dues 6,084 5,746 6,800 7,000 501-461-100-252 Communications 7,989 8,104 6,000 9,500
501-461-100-256 Permits, Fees & Charges 46,045 44,562 56,000 65,000 501-461-100-257 Travel & Training 1,343 2,020 5,000 6,000 501-461-100-259 Community Promotion 9,381 1,082 14,800 7,000 501-461-100-260 Office Supplies 6,510 5,850 4,600 7,500 501-461-100-262 Uniform Expenses 8,653 8,006 9,300 9,800 501-461-100-264 Electricity & Gas 726,771 826,355 890,000 950,000 501-461-100-265 Gasoline & Oil 27,604 29,592 40,133 36,625 501-461-100-267 General Materials & Supplies 196,099 245,688 250,000 250,000 501-461-100-273 Special Departmental Exp. 2,320 1,311 2,000 2,000 501-461-100-274 Books & Periodicals 75 75 75 0
501-461-100-275 Bad Debt Expense (198) (45) 0 0
Supplies & Services 1,597,122 1,852,035 2,005,864 2,414,550 501-461-100-710 Land Purchase 0 0 0 900,000
501-461-100-720 Buildings & Structures 0 3,990 0 10,000 501-461-100-737 Meters 139,745 230,000 245,000 250,000
~ 501-461-100-739 Water Master Plan Improve 527,397 57,847 0 1,850,000 ~ 501-461-100-740 Miscellaneous Equipment 45,483 0 0 0
501-461-100-750 Vehicles 162,191 0 0 122,377
501-461-100-752 Communication Equipment 99 0 272 3,750
501-461-100-753 Specialized Equipment 29,221 33,325 0 12,500 501-461-100-755 Specialized Vehicles 0 116,235 62,959 0 Capital Outlay 904,135 441,397 308,231 3,148,627
240
133
Water (continued)
267-GENERAL MATERIALS & SUPPLIES: Materials and supplies utilized by Operations personnel for the general water distribution materials and supplies including pipes, valves, fittings, service lines, meters, meter boxes, etc. Water production materials and supplies including chemicals (fluoride and chlorine), field water quality analysis supplies, materials used at the City laboratory for water quality analysis, and repair parts for pumps and electric motors for the wells & chemical feed equipment. Asphalt repair following repair of underground distribution facilities. 273-SPECIAL DEPARTMENTAL EXPENSES: For miscellaneous safety equipment and employee longevity awards.
CAPITAL OUTLAY
710-LAND PURCHASE: Purchase land for new well (#16) estimated at $900,000. 720-BUILDING & STRUCTURES: Make roofrepairs to 419 Madison and floor repairs to 411 Madison $10,000 (cost shared between Water $10,000 and Collections $10,000). 737-METERS: Purchase water meters for new construction service accounts estimated at $250,000.
739-WATER MASTER PLAN IMPROVEMENTS: Upgrade water line encircling the County Fairgrounds (C, North, D, Third, and F Streets) estimated at $1,800,000 (Master Plan P-1). Valve Replacements (valve insertion method) estimated at $50,000. 750-VEHICLES: Purchase of a¾ ton utility pickup truck estimated at $57,377 ( carry over from FY 22). Purchase of a SUV estimated at $65,000.
752-COMMUNICATIONS EQUIPMENT: Expense related to upgrading Wifi at the Madison Office.
753-SPECIALIZED EQUIPMENT: Safety Shoring (cost shared between Water $7,500 and Collections $7,500), Horizontal boring tool (cost shared between Water $5,000 and Collections $5,000).
CONTINGENCY
900-CONTINGENCY: For unexpected and unforeseen costs associated with Water activities. 243
134
LOsBanos
ti Cro~s
Agenda Staff Report
TO: Mayor Faria and City Council Members
FROM:
DATE:
Stacy Souza Elms, Community and Economic Development Director ~€.,.. . September 21, 2022
TYPE OF REPORT: Consent Agenda
SUBJECT: Acceptance of Grant of Easement and Agreement to Establish an Easement with O'Reilly Auto Enterprises LLC for the Placement of a Gateway Sign for the Downtown
Recommendation:
Authorize the Interim City Manager to execute a Grant of Easement and Agreement with O'Reilly Auto Enterprises LLC for the placement of a Gateway Sign to the Downtown Discussion:
'
The purpose of this Grant of Easement and Agreement is to access property owned by O'Reilly Auto Enterprises LLC for the placement of one of the base legs of the proposed Gateway Sign to the Downtown on the property. The Easement Area consists of 10' x 40' area along Sixth Street for the purpose installing, constructing, and maintaining a Gateway Sign to the Downtown. The easement includes the non-exclusive right of access to the Easement Area for installing, maintaining, constructing, lighting, and replacing the sign and electrical service.
1 135
Reviewed by:
1. Resolution
2. Grant of Easement and Agreement
2 136
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LOS BANOS ACCEPTING THE GRANT OF
EASEMENT AND AGREEMENT FROM O'REILLY AUTO
ENTERPRISES LLC FOR THE PLACEMENT OF A
GATEWAY SIGN TO THE DOWNTOWN TO THE CITY OF
LOS BANOS
[APN: 026-044-052]
WHEREAS, O'Reilly Auto Enterprises LLC, is the owner of certain real property located at 560 Pacheco Boulevard in the City of Los Banos, California, which property is located near the entrance to the Los Banos Downtown; and WHEREAS, the City of Los Banos is proposing a Gateway Sign to be constructed at the entrance to the Downtown; and
WHEREAS, O'Reilly Auto Enterprises LLC and the City of Los Banos have agreed to enter into an Agreement to establish an Easement upon the property for the placement of a Gateway Sign to the Downtown to be maintained by the City of Los Banos.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Los Banos as follows:
SECTION I: The recitals set forth above are true and correct and are incorporated into this Resolution by reference.
SECTION 2: The City hereby approves and accepts the Grant of Easement and Agreement, attached hereto from O'Reilly Auto Enterprises LLC to the City of Los Banos.
SECTION 3: The City Council authorizes the Interim City Manager to execute the Grant of Easement and Agreement and the Certificate of Acceptance.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the __ day of ___ 20_, 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:
1 137
APPROVED:
ATTEST:
Lucille L. Mallonee, City Clerk
2 138
Recording Requested By:
City of Los Banos
and When Recorded Mail to:
City of Los Banos
520 J Street
Los Banos CA 93635
Attn: City Clerk
APN: 026-044-052
(Space Above This Line Is for Recorder's Use Only)
This Agreement is recorded at the request and for the
benefit of the City of Los Banos and is exempt from the payment of a recording fee pursuant to Government
Code§§ 6103 and 27383.
GRANT OF EASEMENT AND AGREEMENT
THIS AGREEMENT (this "Agreement") is entered into as of this _ day of ______ , 2022 (the "Effective Date"), by and between the City of Los Banos, a municipal corporation ("City") and O'Reilly Auto Enterprises LLC, a limited liability company ("O'Reilly").
RECITALS:
WHEREAS, O'Reilly is the owner of certain real property located in the City of Los Banos, California, as described on the attached Exhibit A (the "Property''), which Property is located near the entrance to the Los Banos Downtown.
WHEREAS, The City is contemplating a Gateway Sign to the Downtown, and O'Reilly and the City now wish to enter into this Agreement to establish an easement upon the Property for the placement of a Gateway Sign to the Downtown to be maintained by the City, as set forth herein.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, O'Reilly and the City agree as follows:
1 . Grant of Easement. O'Reilly hereby grants and establishes, for the benefit of the City, a nonexclusive easement over and across that portion of the Property described on 139
the attached Exhibit B (the "Easement Area") for the purpose of installing, constructing, maintaining, lighting, and replacing a Gateway Sign to the Downtown (the "Sign"), which shall be substantially similar to the sign described on Exhibit C attached hereto (or such other Sign as may be determined by the City). The foregoing easement shall include the non-exclusive right of access to the Easement Area over the remainder of the Property for installing, maintaining, lighting and replacing the Sign and electrical service to the Sign and for electrical lines to permit lighting of the Sign.
2. Maintenance of Sign. The Sign erected upon the Easement Area shall be maintained, repaired and replaced in good condition by the City at its sole cost and expense. The size, location and height of the Sign, once installed, will not be changed or modified by the City without the consent of O'Reilly, which consent will not be unreasonably withheld.
3. Continued Use of Property. O'Reilly and its successors and assigns, shall retain the right to use the Property for its own purposes, so long as O'Reilly's exercise of such right does not unreasonably interfere with the easement rights granted hereunder; provided, however, that in no event shall any buildings or other structures be erected in the Easement Area.
4. Severability. If any term or provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, then such holding shall not affect any other terms or provisions of this Agreement, and the same shall continue to be effective to the fullest extent permitted by law.
5. Term. The easements, covenants, and all other rights and obligations established hereby shall be perpetual; provided, however, that the City may, upon written notice to O'Reilly, remove the Sign from the Easement Area. In such event the City shall restore the Easement Area to the condition that it was in prior to the installation of the Sign, and upon the removal of the Sign from the Easement Area this Agreement shall terminate.
6. Binding Effect. The covenants contained in this Agreement and the easement established hereunder shall bind and inure to the benefit of the City and its successors and assigns, and shall constitute covenants that run with the land and shall be amended, modified, or terminated, if at all, only by the written agreement of O'Reilly and the City.
7. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California.
SIGNATURES APPEAR ON FOLLOWING PAGE
140
IN WITNESS WHEREOF, this Agreement was executed by the parties thereto on the dates set forth below.
GRANTOR: O'REILLY AUTO ENTERPRISES LLC,
a limited liability company
By: ____________ _ Dated
Scott Kraus
Senior Vice President of Real Estate
GRANTEE: CITY OF LOS BANOS
a municipal corporation
By: __________ _
Gregory B. Wellman
Interim City Manager
ATTEST:
Lucille L. Mallonee
City Clerk
APPROVED AS TO FORM:
William A. Vaughn
City Attorney
-----------
Dated -----------
Dated -----------
Dated -----------
SIGNATURES MUST BE NOTARIZED
141
THIS PAGE IS INTENTIONALLY LEFT BLANK
142
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of ___ _
)
)
)
On _____ __ , 20_, before me, _____________ , a Notary
Public, personally appeared ____________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ____________ _
[SEAL]
143
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of ___ _
)
)
)
On _____ __ , 20_, before me, _____________ , a Notary
Public, personally appeared ____________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ____________ _
[SEAL]
144
EXHIBIT A
[Legal Description of Property]
145
THIS PAGE IS INTENTIONALLY LEFT BLANK
146
LEGAL DESCRIPTION
Real property in the City of Los Banos, County of Merced, State of California, described as follows:
PARCEL 1 AND 2, AS SHOWN ON THAT CERTAIN PARCEL MAP FROM TOM KALJIAN SR., FILED FOR RECORD OCTOBER 9, 1981 IN VOL. 45 OF PARCEL MAPS, AT PAGES 50 AND 51, MERCED COUNTY RECORDS, AND BEING A PORTION OF LOTS 15, 16,17 AND 18, ACCORDING TO MAP ENTITLED "H.P. GREENLAWS
RESUBDIVISION OF LOT ELEVEN OF MILLER & LUX'S SUBDIVISION OF LANDS AT LOS BANOS," RECORDED FEBRUARY 23, 1892 IN BOOK 2 OF MAPS, PAGE 23, MERCED COUNTY RECORDS;
ALSO, ALL OF LOTS TWENTY-ONE (21), AND TWENTY-TWO (22), OF WILSON'S
RESUBDIVISION, IN THE COUNTY OF MERCED, STATE OF CALIFORNIA, AS SAID
LOTS ARE LAID DOWN AND DELINEATED ON THAT CERTAIN MAP, ENTITLED "MAP OF THE WILSON RESUBDIVISION", FILED FOR RECORD APRIL 16, 1913, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID MERCED COUNTY, IN BOOK 6 OF OFFICIAL PLATS, AT PAGE 7;
EXCEPT FOR THAT PARCEL OF LAND DESCRIBED IN THE "HIGHWAY EASEMENT DEED' RECORDED JULY 21, 1993 AS BOOK 3286, PAGE 16 AS INSTRUMENT NO. 94-39961 OF OFFICIAL RECORDS;
AND EXCEPT FOR THAT PARCEL OF LAND DESCRIBED IN THE "HIGHWAY EASEMENT DEED" RECORDED SEPTEMBER 15, 1992 AS BOOK 3034, PAGE 42 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL 1, AND RUNNING THENCE ALONG THE SOUTHEASERTL Y LINE OF SAID PARCELS 1 AND 2, BEING THE NORTHWESTERLY RIGHT-OF-WAY LINE OF 5rH STREET, SOUTH 28°42'49" WEST OF 172.92 FEET TO THE NORTHERLY LINE OF THAT PARCEL OF LAND DESCRIBED IN SAID "HIGHWAY EASEMENT DEED" RECORDED AS BOOK 3286, PAGE 16; THENCE ALONG SAID NORTHERLY LINE, SOUTH 60°18'30" WEST 32.62 FEET; THENCE ALONG SAID NORTHERLY LINE, AND THE NORTHERLY LINE OF SAID "HIGHWAY EASEMENT DEED" RECORDED AS BOOK 3034, PAGE 42 (BEING ALSO A LINE WHICH RUNS PARALLEL WITH AND 40.00 FEET NORTHERLY OF,
WHEN MEASURED AT RIGHT ANGLES, THE CENTER LINE OF PACHECO BOULEVARD), SOUTH 89°13'00" WEST 221.16 FEET TO THE WEST LINE OF SAID LOT 22; THENCE ALONG SIAD WEST LINE, NORTH 00°02'40" WEST 166.17 FEET TO THE NORTHWEST CORNER OF SAID LOT 22; THENCE ALONG THE NORTH LINE OF SAID LOTS 22 AND 21, AND THE NORTH LINE OF SAID PARCEL 1, NORTH 89°11 '50" EAST 332.71 FEET TO THE POINT OF BEGINNING.
CONTAINS 47,505 SQUARE FEET, OR 1.09 ACRES, MORE OR LESS.
APN: 026-044-052
147
THIS PAGE IS INTENTIONALLY LEFT BLANK
148
EXHIBIT B
[Description of Easement Area]
149
THIS PAGE IS INTENTIONALLY LEFT BLANK
150
I',
I ',
I;
I;
I;
I;
I;
I;
I;
I;
I;
I;
I;
I;
I;
' ..... ', ,...
', I
'1
I
151
THIS PAGE IS INTENTIONALLY LEFT BLANK
152
EXHIBITC
[Depiction of Archway Sign]
153
THIS PAGE IS INTENTIONALLY LEFT BLANK
154
■ r.RCHl1£C JS
SCHEMATIC
DESIGN
JAN. 2022
CITY OF LOS BANOS
PROPOSED DOWNTOWN GATEWAY ARCH
PROPOSED II
RENDERING ·. .
155
■ ARCHITECTS
SCHEMATIC
DESIGN
JAN. 2022
CITY OF LOS BANOS
PROPOSED DOWNTOWN GATEWAY ARCH RENDERING PROPOSED
IHI
156
CERTIFICATE OF ACCEPTANCE
Government Code, Section 27281
THIS IS TO CERTIFY that the interest in real property conveyed by Grant of Easement and Agreement dated ___ , _, 2022 from O'REILLY AUTO ENTERPRISES LLC, a limited liability company to the CITY OF LOS BANOS, a municipal corporation, is hereby accepted by the undersigned officer on behalf of the City Council of the City of Los Banos ("City Council") pursuant to authority conferred by Resolution No. __ of the City Council adopted on __ _ _ , 2022 and the City of Los Banos consents to recordation thereof by its duly authorized officer.
ATTEST:
CITY OF LOS BANOS, a municipal corporation
By:--------------- Gregory B. Wellman, Interim City Manager By:--------------- Lucille Mallonee, City Clerk
157
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of ___ _
On _____ __ , 20_, before me, _____________ , a Notary
Public, personally appeared ____________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ____________ _
[SEAL]
158
Lityof B os anos
At t.l1c Crossroads ~f Ccil(fon1ia
Agenda Staff Report
TO:
FROM:
DATE:
SUBJECT: Inmate Transportation Memorandum of Understanding (MOU) With Merced County Sheriff's Department
TYPE OF REPORT: Consent Agenda
Recommendation:
That the City Council approve and authorize the Interim City Manager to sign a Memorandum of Understanding between the City of Los Banos and the Merced County Sheriff's Department for inmate transportation services.
Background:
Since 2016, the City of Los Banos Police Department has had a formal agreement with the Merced County Sheriffs Department for inmate transportation services. The services include the safe transportation of adults booked into the Los Banos Police Department Jail to the County Jail facilities by the Merced County Sheriff's Department Transportation Division. In return, the City agrees to continue booking inmates into the Los Banos Police Department Jail at no cost to the County.
159
Discussion:
The Los Banos Police Department operates a small Type-1 Jail facility where inmates are housed for no longer than 96 hours. This is the only jail on the westside of Merced County and has been in operation since 1969. The City and County have mutually agreed to extend this formal agreement until June 30, 2024. This agreement has been reviewed and approved by the City Attorney.
Fiscal Impact:
The Merced County Sheriff's Department has only booked approximately 14 inmates into the Los Banos Police Department Jail this year, compared to over 500 inmates booked into the Jail by Officers from the Los Banos Police Department. The only fiscal impact associated with booking Merced County Deputy Inmates will be minimal costs involved in feeding of their inmates. The current Fiscal Year budget has adequate funding approved to provide inmate meals. Otherwise, there will be no fiscal impact or fee related to this agreement.
Brent Kuhn, Interim Finance Director
Attachments:
2022 Memorandum of Understanding document
Resolution
160
RESOLUTION NO.
A RESOLUTION OF THE CITY OF LOS BANOS
AUTHORIZING THE INTERIM CITY MANAGER TO
SIGN A MEMORANDUM OF UNDERSTANDING
WITH THE MERCED COUNTY SHERIFF'S
DEPARTMENT FOR INMATE TRANSPORTATION
SERVICES
WHEREAS, the Los Banos Police Department operates the only jail facility open to accept bookings to law enforcement agencies on the west side of Merced County; and WHEREAS, the Los Banos Police Department and the Merced County Sheriffs Department entered into a formal agreement in 2016 for inmate transportation services; and
WHEREAS, the Los Banos Police Department and the Merced County Sheriff's Department desire to enter into a new three-year Memorandum of Understanding setting forth the services to be provided and the obligations of each party by this cooperative effort.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos authorizes the Interim City Manager to enter into a new three-year agreement with Merced County Sheriff's Department for inmate transportation services.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 21st day of September 2022, by; AYES:
NOES:
ABSENT:
APPROVED:
Manuel Thomas Faria Ill, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
161
THIS PAGE IS INTENTIONALLY LEFT BLANK
162
- - ------•************************************** - - --------
MEMORANDUM OF UNDERSTANDING
(Re: Westside Inmate Transportation)
THIS MEMORANDUM OF UNDERSTANDING is entered into this _ day of _ _ _ 2022 by the City of Los Banos, a municipal corporation (hereinafter "City") and the County of Merced (hereinafter "County") on the following terms and conditions:
WHEREAS, the City and the County for many years have cooperatively provided inmate booking and inmate transportation services for Westside Law Enforcement Agencies; and WHEREAS, the City and County desire to enter into a Memorandum of Understanding setting forth the services to be provided and the obligations of each party by this cooperative effort.
1. History and Background. The Los Banos Police Department has participated in an informal arrangement with the Merced County Sheriff's Office for many years which involves inmate transportation services from the Los Banos City Jail to the County Jail Facilities. The Los Banos Jail is the only jail facility on the Westside of Merced County and allows Westside law enforcement departments to book their inmates in Los Banos, without having to travel to Merced to process each arrest. Los Banos operates a Type-1 jail, rated to house no more than twenty (20) inmates, no longer than ninety-six (96) hours, excluding weekends and holidays.
The Merced County Sheriff's Office is responsible for housing inmates arrested, remanded to custody, sentenced, awaiting sentencing, and pending trial at either the John Latorraca Correctional facility or the Merced Main Jail. Each weekday, Merced County Sheriff's Office Transportation Division transports inmates who were originally arrested on the Westside of Merced County, back to Los Banos, where they are scheduled for a court proceeding at the Merced County Superior Court, Los Banos. Each court day morning when criminal court is scheduled at the Robert M. Falasco Justice Center with in-custody inmates, and at the end of the same court day, Merced County Sheriffs Transportation Deputies take custody of inmates booked into the Los Banos Jail. Los Banos personnel provide county staff photo copies of all the booking documents and release the inmate's personal property to the Merced County Sheriff's Transportation Deputies. The Deputies sign for the inmate's property and transport them to one of their facilities via a Merced County Sheriff's transportation van.
The Los Banos Police Department books inmates arrested by the Los Banos Police Department and the Merced County Sheriff Department.
The booking process involves searching each inmate for contraband and removing all personal property from their possession. The Los Banos Jail Staff enter inmate information into the Merced County booking computer system, which includes criminal charges, case number, warrant arrest information, inmate property, etc. Merced County has provided the Los Banos Police Department 1 163
- - ------ - ************************************** - - -------- with a computer, and their jail software, which Los Banos jail personnel use to book inmates directly into the County Jail system. The inmate booking process also involves Los Banos personnel asking a series of established County medical questions, taking their photograph, and taking fingerprints.
2. Purpose. The purpose of this Memorandum of Understanding (MOU) is to confirm in writing the roles and responsibilities of the parties for the booking and transportation of inmates held in the Los Banos Jail Facility pending incarceration in the Merced County Jail Facilities as described in Paragraph 1, above. Each of the parties to this MOU agrees to work together cooperatively to ensure the safe, efficient, and effective booking and transportation of Los Banos jail inmates.
3. Roles and Responsibilities.
NOW, THEREFORE, it is hereby agreed by and between the City and the County as follows:
a. Excluding Court holidays, Merced County Sheriff agrees to transport inmates in custody at the Los Banos Jail each morning that Criminal Court is in session at the Robert M.
Falasco Justice Center, and at the close of the same court day, to one of the Merced County Jail facilities.
b. The City and County will continue to accept inmate bookings from one another. The City will not charge booking fees to the Merced County Sheriff's Department. The Merced County Sheriff will not charge booking fees to the Los Banos Police Department. c. Upon transfer of the inmates from the Los Banos Jail to the custody of the Merced County Sheriff Transportation Deputy, the County shall assume full responsibility, as between City and County, over their custody and care.
4. Term. This MOU shall commence on July 1, 2022 and expire on June 30, 2024, unless otherwise terminated. Either party may terminate this MOU for any reason at any time by giving sixty (60) days prior written notice.
5. Liability.
City shall indemnify, defend and hold harmless the County, its governing board, board members, supervisors, officers, employees and agents, from and against any claims, damages, costs, expenses, including any amount equal to reasonable attorney's fees, or liabilities arising out of or in any way connected with this Agreement, including, without limitation, claims damages, expenses, or liabilities for loss or damage to any property, or for death or injury to any person or persons in proportion to and to the extent that such claims, damages, expenses, liabilities or losses arise from the negligence or willful acts or omissions of City, its officers, employees or agents.
County shall indemnify, defend and hold harmless the City, its governing board, board members, supervisors, officers, employees and agents, from and against any claims, damages, costs, expenses, including any amount equal to reasonable attorney's fees, or liabilities arising out of or in any way connected with this Agreement, including, without limitation, claims damages, expenses, or liabilities for loss or damage to any property, or for death or injury to any person or persons in 2 164
,--==~-~ - ~!I-=....,,,==;,
c1rt ot··rms BA1~os 1
~ -·-: ,!'',:':c' .,;! ... ~. ff _ _,.
- - ------ ************************************** - - -------- proportion to and to the extent that such claims, damages, expenses, liabilities or losses arise from the negligence or willful acts or omissions of County, its officers, employees or agents.
6. General Liability Requirements
Each party shall maintain general liability coverage at least as broad as Insurance Services Office form CG 00 01, 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, blanket contractual liability. Each party's general liability coverages shall be endorsed using Insurance Services Office form CG 20 10 or its equivalent to provide that the other party and its officers, officials, employees, and agents shall be additional covered parties.
YWe hereby certify that YWe have duly executed this Memorandum of Understanding on the date written below and further certify that YW e have the authority to enter into this Memorandum of Understanding on behalf of the parties identified herein.
COUNTY OF MERCED
By ____ _ ______ _
Lloyd Pereira, Chairperson, Board of Supervisors
APPROVED AS TO LEGAL FORM:
MERCED COUNTY COUNSEL
By ___________ _
CITY OF LOS BANOS
By ____ _ _ _ _ _ _
Gregory Wellman, Interim City Manager
ATTEST:
Lucille L. Mallonee, City Clerk
APPROVED AS TO LEGAL FORM:
William A. Vaughn
City Attorney
3 165
THIS PAGE IS INTENTIONALLY LEFT BLANK
166
TO:
FROM:
DATE:
LOsBanos
At the Crossroads o.f C,llfornia
Agenda Staff Report
Mayor and City Council Members
Ray Reyna, Police Commander ~
September 21, 2022
SUBJECT: Police Department awarded $43,600.00 California Office of Traffic Safety TRIP Grant
TYPE OF REPORT: Consent Agenda
Recommendation:
Approve the acceptance of the California Office of Traffic Safety Traffic Records Improvement Project (TRIP) grant (Grant Number TR23010) in the amount of $43,600.00 for Fiscal Year 2022/2023 and approve an increase in City expenditures and revenues in the amount of $43,600.00 for the Fiscal Year 2022/2023 to purchase the an electronic citation software program and related hardware.
Discussion:
The Police Department has applied for and been awarded a 12-month California Office of Traffic Safety (OTS) equipment grant in the amount of $43,600.00. This funding was awarded to purchase an electronic citation software program and the related hardware needed for staff to utilize this system.
In anticipation of this award, the Department has researched and selected a system through Tyler Technologies, Brazos, which will integrate into our current Department records management system. In addition, the City of Los Banos plans to transition our city-wide software management system to Tyler Technologies in the coming year, which will further aid in the flow of information.
The Brazos system is also already in use at the Merced County Superior Court and the Merced Police Department.
167
The budget for this grant, including account numbers are as follows:
Revenues:
State Grant: 246-000-334-010 $43,600.00
Expenditures:
Specialized Equipment: 246-421-170-753 $43,600.00
Fiscal Impact:
Revenues and Expenditures for the 2022/2023 Fiscal Year will increase in the amount of $43,600.00. A portion of this grant will extend into the 2023/2024 Fiscal Year as the grant cycle will end on September 30, 2024.
Reviewed by:
Brent Kuhn, Interim Finance Director
Attachments:
-Resolution
-OTS Grant NumberTR23010 Agreement
168
RESOLUTION NO. __
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS APPROVING THE
ACCEPTANCE OF A $43,600.00 GRANT
(TR23010) FROM THE CALIFORNIA OFFICE OF
TRAFFIC SAFETY (OTS) AND AMENDING THE
2022-2023 FISCAL VEAR BUDGET BY
INCREASING THE APPROPRIATION AMOUNT
OF THE STATE GRANT FUND ACCOUNT FOR
EXPENDITURES AND REVENUES IN THE
AMOUNT OF $43,600.00
WHEREAS, careless and intoxicated drivers are among the most serious hazards on our public roadways; and
WHEREAS, through public awareness, department training, enforcement action and high visibility law enforcement efforts, the Los Banos Police Department can reduce the number traffic related incidents which cause death or serious injuries; and WHEREAS, the Los Banos Police Department has applied for and been awarded an $43,600.00 equipment grant through the California Office of Traffic Safety (OTS) to purchase an electronic citation software system.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby approve the acceptance of the Office of Traffic Safety grant in the amount of $43,600.00, beginning October 1, 2022, and approved the increase of expenditures and revenues in the amount of $43,600.00 within the State Grant Fund to purchase an electronic citation software system and related hardware through Tyler Technologies. The budget for this grant, including account numbers is as follows:
Revenues:
State Grant: 246-000-334-01 0 $43,600.00
Expenditures:
Specialized Equipment 246-421-170-753 $43,600.00
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 21 day of September 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:
169
ATTEST:
Manuel Thomas Faria 111, Mayor
Lucille L. Mallonee, City Clerk
170
State of California - Office of Traffic Safety
GRANT AGREEMENT
1. GRANT TITLE
Traffic Records Improvement Project
2. NAME OF AGENCY
Los Banos
4. AGENCY UNIT TO ADMINISTER GRANT
Los Banos Police Department
5. GRANT DESCRIPTION
3. Grant Period
From: 10/01/2022
To: 09/30/2023
GRANT NUMBER
TR23010
State and local agencies need timely, accurate, complete, accessible, and uniform traffic records to identify and prioritize traffic safety issues, to choose appropriate safety countermeasures and evaluate their effectiveness. Traffic records improvement grants provide traffic safety stakeholders with the ability to plan and initiate traffic records improvement projects such as the purchase and implementation of traffic crash reporting systems as well as electronic citation equipment and software.
6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $43,600.00
7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:
• Schedule A - Problem Statement, Goals and Objectives and Method of Procedure • Schedule B - Detailed Budget Estimate and Sub-Budget Estimate (if applicable) • Schedule B-1 - Budget Narrative and Sub-Budget Narrative (if applicable) • Exhibit A- Certifications and Assurances
• Exhibit B* - OTS Grant Program Manual
• Exhibit C - Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto.
These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov.
We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
8. Approval Signatures
A. GRANT DIRECTOR 8. AUTHORIZING OFFICIAL
NAME: Michael Neal ADDRESS: Ray Reyna
TITLE: Police Detective Police Commander
EMAIL: [email protected] [email protected] PHONE: (209) 827-2520 (209) 829-3516
ADDRESS: 520 J Street 520 J Street
Los Banos, CA 93635 Los Banos, CA 93635
(Signature) (Date) (Signature) (Date)
C. FISCAL OFFICIAL D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY ADDRESS: Kim Tomas ADDRESS: Barbara Rooney
Finance Director Director
[email protected] [email protected]
(209) 827-7000 ext. 2419 (916) 509-3030
520 J Street 2208 Kausen Drive, Suite 300
Los Banos, CA 93635 Elk Grove, CA 95758
(Signature) (Date) (Signature) (Date)
9/12/2022 9:03:53 AM Page 1 of 14
171
E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu
ADDRESS: 2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION
405c TR-23 20.616 0521-0890-1 01
SAM#: HCKYHK7SRA 11
REGISTERED
ADDRESS: 520 J Street
C1TY: Los Banos
ZIP+4: 93635-4240
F.Y. CHAPTER
2022 43/22
AGREEMENT
TOTAL
STATUTE
BA/22
PROJECTED
EXPENDITURES
$43,600.00
$43,600.00
AMOUNT ENCUMBERED BY THIS DOCUMENT
$43,600.00
I CERTIFY upon my own personal knowledge that the budgeted PRIOR AMOUNT ENCUMBERED FOR THIS funds for the current budget year are available for the period and purpose of the expenditure stated above. AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER'S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $43,600.00
9/12/2022 9:03:53 AM Page 2 of 14
172
State of California - Office of Traffic Safety
GRANT AGREEMENT
Schedule A
1. PROBLEM STATEMENT
GRANT NUMBER
TR23010
Los Banos continues to have concerns and problems with crashes that have injuries and fatalities. In 2021, Los Banos had 3 fatalities. In 2019, we also had 3. 2020 saw a decrease in the number of fatalities (1 ), but also a decrease in the number of crashes due to stay at home orders and lockdowns as a result of the COVID-19 pandemic. When those orders and lockdowns were generally lifted in 2021, fatalities and crashes rose to their previous levels. The total number of people injured in crashes in Los Banos in 2021 was 147 that is an increase from 2019 when we had 141. During 2021, Los Banos PD issued 1,748 tickets for traffic moving violations and 55 traffic administrative citations. Los Banos PD had 143 DUI arrests in 2021. This is an increase from the 96 in 2019. Nighttime crashes increased from 27 to 34 from 2019 to 2021. Total incidents for crashes increased from 421 to 488 from 2019 to 2021. Los Banos PD is continuing to have issues with traffic violations, unsafe driving resulting in injuries and fatalities, and driving while under the influence of alcohol. With the help of OTS grant funds, Los Banos PD will work to drastically reduce all of these traffic related issues. Los Banos PD's increased enforcement and education will impact the City of Los Banos, our jurisdiction for law enforcement activities. However, the population impacted by grant-funded enforcement activities far exceeds that of just the citizens within the City of Los Banos.
Our city placement within California puts us at the crossroads of two significant traffic arteries; Highway 152 and Highway 165. Additionally, our position upon Highway 152 places our city as one of the key crossing between the two traffic lifelines of California; Highway 99 and Interstate 5. These key roadways add thousands of additional motorists to the city's own population daily. Apart from the motorists traveling through the city our Police Department serves a local population of approximately 40,000 people and has several new housing developments underway.
During the calendar year of 2020, 61 shootings and 9 homicides occurred within the City of Los Banos. The Los Banos Police Department's operational resources have been heavily burdened by these crimes against persons, in addition to the stay at home and lockdown orders occurring due to the COVID-19 pandemic. As such; traffic enforcement has suffered. Because traffic enforcement has suffered, crashes, as well as alcohol/drug impaired driving, have increased. The department has recently re-established a traffic enforcement unit, consisting of one dedicated traffic enforcement officer patrolling city streets on a motorcycle. Electronic citations can dramatically reduce the time a dedicated traffic enforcement officer, as well as a standard patrol officer, spend on the roadside. A typical traffic enforcement stop, where the officer handwrites a citation, can take 10 minutes or more. Electronic citations can reduce this time to less than three minutes. The decrease in time spent handwriting a citation would allow the officer to conduct more enforcement stops and issue more citations, thus allowing more enforcement contacts and deterrence (i.e., fear of a traffic citation by the motoring public) to positively influence motorists into obeying all traffic laws.
The Los Banos Police Department and the citizens of Los Banos will benefit greatly through increasing our operational readiness by leveraging e-Citation technology, which will increase our ability to enforce traffic violations.
2. PERFORMANCE MEASURES
A. Goals:
1. Reduce the number of persons killed in traffic crashes.
2. Reduce the number of persons injured in traffic crashes.
B. Objectives:
1. Purchase and implement a new complete electronic citation solution that includes the capability of exporting data to both a departmental records management system (RMS) as well as the local court records system if and when the local court can receive electronic citation data.
3. METHOD OF PROCEDURE
A. Phase 1 - Program Preparation (1 st Quarter of Grant Year) • Determine specific system requirements.
• Determine specific equipment requirements.
• Request vendor price quotation per host agency requirements. 9/12/2022 9:03:53 AM
Target Number
1
173
• Procure an electronic crash reporting system with the following functionalities:
• System licensing with installation and training.
• GIS based mapping.
• Segment crash diagraming tool.
• Ability to create or import crash reports.
• Ability to import and export agency RMS files.
• Ability to perform complete analysis of crash reports. • Secure database accessible by appropriate agency personnel. • Ability to export complete crash report to the California Highway Patrol's Statewide Integrated Traffic Records System.
• Procure an electronic citation system with the following functionalities:
• System licensing with installation and training.
• Ability to import and export to agency RMS files.
• Ability to perform complete analysis of citation reports. • Secure database accessible by appropriate agency personnel. • Ability to export complete citation reports to the local county court.
B. Phase 2 - Program Operations (Throughout Grant Year} • Select vendor for system development, implementation, and installation. • Monitor and oversee progress of system/software development.
C. Phase 3 - Data Collection & Reporting (Throughout Grant Year} •
•
Prepare and submit invoice claims (due January 30, April 30, July 30, and October 30) . • Successful project completion and confirmation of successful transmission of crash reports by the California Highway Patrol is required before submission of invoice claims seeking reimbursement from OTS.
Prepare and submit quarterly performance reports (due January 30, April 30, July 30, and October 30).
• Collect and report quarterly appropriate data that supports the progress of goals and objectives.
• Provide a summary of quarterly accomplishments and explanations for objectives not completed.
• Collect, analyze, and report statistical data relating to the grant goals and objectives.
4. METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the "Final Evaluation" section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant's accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.
5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.
9/12/2022 9:03:53 AM Page 4 of 14
174
State of California - Office of Traffic Safety
GRANT AGREEMENT
Schedule&
FUND NUMBER CATALOG
N!JMB!aR JOFDA)
405c TR-23 20.616
COST CATEGORY
A. PERSONNEL COSTS
Straight Time
Overtime
Category Sub-Total
B. TRAVEL EXPENSES
Category Sub-Total
C. CONTRACTUAL SERVICES
Category Sub-Total
D. EQUIPMENT
Complete Electronic Citation Data
Collection System
Category Sub-Total
E. OTHER DIRECT COSTS
Category Sub-Total
F. INDIRECT COSTS
Category Sub-Total
GRANT TOTAL
9/12/2022 9:03:53 AM
FUND DESCRlPtlON
State Traffic Safety Information
System Improvements
F'UNO UNIT Cost OR ON1ts
NUMBl:R ~TE;
405c TR- $43,600.00 1
23 GRANT NUMBER
TR23010
TOTAL AMOONt
$43,600.00
TOTAL Cost TO
GRANT
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$43,600.00
$43,600.00
$0.00
$0.00
$0.00
$0.00
$43,600.00
175
State of California - Office of Traffic Safety
GRANT AGREEMENT
Schedule B-1
PERSONNEL COSTS
-
TRAVEL EXPENSES
-
CONTRACTUAL SERVICES
-
EQUIPMENT
BUDGET NARRATIVE
GRANT NUMBER
TR23010
Complete Electronic Citation Data Collection System-A traffic citation data collection system, using handheld device, to collect citation data electronically in the field, print a violator copy of the citation, and transfer the information electronically to the agency's RMS system and the courts for prosecution. The system will be used by traffic officers to improve the efficiency and accuracy of writing traffic citations. Costs may include the purchase of electronic citation devices, mag-strip readers, fingerprint readers, audio recorders, cameras, docking/charging stations, software, licenses, accessories, training, and associated shipping and taxes.
OTHER DIRECT COSTS
-
INDIRECT COSTS
-
STATEMENTS/DISCLAIMERS
There will be no program income generated from this cirant. 9/12/2022 9:03:53 AM Page 6 of 14
176
State of California - Office of Traffic Safety
GRANT AGREEMENT
Exhibit A
CERTIFICATIONS AND ASSURANCES FOR HIGHWAY SAFETY GRANTS
GRANT NUMBER
TR23010
(23 U.S.C. Chapter 4; Sec. 1906, Pub. L. 109-59, As Amended By Sec. 4011, Pub. L. 114-94) The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding.
Applicable provisions include, but are not limited to, the following:
GENERAL REQUIREMENTS
• 23 U.S.C. Chapter 4- Highway Safety Act of 1966, as amended • Sec. 1906, Pub. L. 109-59, as amended by Sec. 4011, Pub. L. 114-94 • 23 CFR part 1300 - Uniform Procedures for State Highway Safety Grant Programs • 2 CFR part 200 - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards
• 2 CFR part 1201 - Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards
NONDISCRIMINATION
(applies to all subrecipients as well as States)
The State highway safety agency will comply with all Federal statutes and implementing regulations relating to nondiscrimination ("Federal Nondiscrimination Authorities"). These include but are not limited to:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin) and 49 CFR part 21; • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601 ), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
• The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally-funded or not);
• Titles II and Ill of the Americans with Disabilities Act (42 U.S.C.12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38;
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations (prevents discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations); and • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (guards against Title VI national origin discrimination/discrimination because of limited English proficiency (LEP) by ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access to programs (70 FR 74087-74100).
The Subgrantee9/12/2022 9:03:53 AM Page 7 of 14
177
• Will take all measures necessary to ensure that no person in the United States shall, on the grounds of race, color, national origin, disability, sex, age, limited English proficiency, or membership in any other class protected by Federal Nondiscrimination Authorities, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any of its programs or activities, so long as any portion of the program is Federally-assisted; • Will administer the program in a manner that reasonably ensures that any of its subrecipients, contractors, subcontractors, and consultants receiving Federal financial assistance under this program will comply with all requirements of the Non- Discrimination Authorities identified in this Assurance;
• Agrees to comply (and require its subrecipients, contractors, subcontractors, and consultants to comply} with all applicable provisions of law or regulation governing US DOT's or NHTSA's access to records, accounts, documents, information, facilities, and staff, and to cooperate and comply with any program or compliance reviews, and/or complaint investigations conducted by US DOT or NHTSA under any Federal Nondiscrimination Authority;
• Acknowledges that the United States has a right to seek judicial enforcement with regard to any matter arising under these Non-Discrimination Authorities and this Assurance; • Agrees to insert in all contracts and funding agreements with other State or private entities the following clause:
o "During the performance of this contract/funding agreement, the contractor/funding recipient agreesa. To comply with all Federal nondiscrimination laws and regulations, as may be amended from time to time;
b. Not to participate directly or indirectly in the discrimination prohibited by any Federal nondiscrimination law or regulation, as set forth in appendix B of 49 CFR part 21 and herein; c. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the State highway safety office, US DOT or NHTSA; d. That, in event a contractor/funding recipient fails to comply with any nondiscrimination provisions in this contract/funding agreement, the State highway safety agency will have the right to impose such contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the contractor/funding recipient under the contract/agreement until the contractor/funding recipient complies; and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part; and
e. To insert this clause, including paragraphs (a) through (e), in every subcontract and subagreement and in every solicitation for a subcontract or sub-agreement, that receives Federal funds under this program.
THE DRUG-FREE WORKPLACE ACT OF 1988 '41 U.S,C. 8103)
The Subgrantee will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about:
1. The dangers of drug abuse in the workplace;
2. The grantee's policy of maintaining a drug-free workplace;
3. Any available drug counseling, rehabilitation, and employee assistance programs;
4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;
5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a); c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will -
1 . Abide by the terms of the statement;
2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an 9/12/2022 9:03:53 AM Page 8 of 14
178
employee or otherwise receiving actual notice of such conviction; e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted -
1. Taking appropriate personnel action against such an employee, up to and including termination;
2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above.
POLITICAL ACTIVITY {HATCH ACD
(applies to all subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.
CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to all subrecipients as well as States)
Certification for Contracts, Grants, Loans, and Cooperative Agreements The signed certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions;
3. The undersigned shall require that the language of this certification be included in the award documents for all sub-award at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
RESTRICTION ON SWE LOBBYING
(applies to all subrecipients as well as States)
None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to all subrecipients as well as States)
9/12/2022 9:03:53 AM Page 9 of 14
179
Instructions for Primary Tier Participant Certification (States)
1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.
2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.
3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.
4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
5. The terms covered transaction, civiljudgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200.
You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.
6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.
7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled "Instructions for Lower Tier Participant Certification" including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.
8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov/).
9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency may terminate the transaction for cause or default.
Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Tier Covered Transactions
( 1) The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment 9/12/2022 9:03:53 AM Page 10 of 14
180
rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (1 )(b) of this certification; and
( d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. (2) Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.
Instructions for Lower Tier Participant Certification
1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200.
You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled "Instructions for Lower Tier Participant Certification" including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion- Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov/).
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.
9/12/2022 9:03:53 AM Page 11 of 14
181
Certification Regarding Debarment. Suspension. lneliqibilitv and Voluntary Exclusion -- Lower Tier Covered Transactions:
1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.
2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.
BUY AMERICA ACT
(applies to all subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation.
PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE {applies to all subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists.
POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references.
POLICY ON BANNING TEXT MESSAGING WHILE PRIYING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company-owned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or reevaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving. 9/12/2022 9:03:53 AM Page 12 of 14
182
State of California - Office of Traffic Safety
OTS-55 Grant Electronic Management System (GEMS) Access Exhibit C
INSTRUCTIONS FOR ADDING OR UPDATING GEMS USERS
1. Each agency is allowed a total of FIVE (5) GEMS Users.
GRANT NUMBER
TR23010
2. GEMS Users listed on this form will be authorized to login to GEMS to complete and submit Quarterly Performance Reports (QPRs) and reimbursement claims.
3. Complete the form if adding, removing or editing a GEMS user(s).
4. The Grant Director must sign this form and return it with the Grant Agreement.
GRANT DETAILS
Grant Number:
Agency Name:
Grant Title:
Agreement Total:
Authorizing Official:
Fiscal Official:
Grant Director:
I CURRENT GEMS USER($)
1. Michael Neal
Title: Police Detective
Phone: (209) 827-2520
TR23010
Los Banos Police Department
Traffic Records Improvement Project
$43,600.00
Ray Reyna
Kim Tomas
Michael Neal
Media Contact: No
Email: [email protected]
9/12/2022 9:03:53 AM Page 13 of 14
183
Complete the below information if adding, removing or editing a GEMS user(s) GEMS User1 Add as a media contact? Yes D No□ Add/Change 0 Remove Access D Name Job Title
Email address Phone number
GEMS User2 Add as a media contact? Yes D No □ Add/Change 0 Remove Access D Name Job Title
Email address Phone number
GEMS User3 Add as a media contact? YesO No □ Add/Change 0 Remove Access D Name Job Title
Email address Phone number
GEMS User4 Add as a media contact? Yes D No □ Add/Change 0 Remove Access D Name Job Title
Email address Phone number
GEMS Users Add as a media contact? Yes D No □ Add/Change 0 Remove Access D Name Job Title
Email address Phone number
Form completed by: Date:
As a signatory I hereby authorize the listed individual(s) to represent and have GEMS user access.
Signature Name
Grant Director
Date Title
9/12/2022 9:03:53 AM Page 14 of 14
184
TO:
FROM:
DATE:
LOsBanos
·\1 the Cn1ssr-oads of California
Agenda Staff Report
Mayor & City Council Members
Solmirom Than, Public Works Director/City Engin~ / L_
September 21, 2022
TYPE OF REPORT: Consent Agenda
SUBJECT: Authorizing Amendment No. 1 0 to Landscape Maintenance Services Contract between the City of Los Banos and Ronnys Inc.
Recommendation:
That the City Council adopts the Resolution authorizing the Interim City Manager to execute Amendment No. 10 to the Landscape Maintenance.Services Contract between the City of Los Banos and Ronnys Inc. to extend the contract term commencing on September 30, 2022 and terminating November 30, 2022.
Background:
The City of Los Banos is currently in a Landscape Maintenance contract for Parks, Streetscapes, and Planters with Ronny's Inc, which commenced on October 2, 2014.
This amendment is the eighth amendment to the contract between the City of Los Banos and Ronny's Inc. The contract includes the option to extend the contract for three (3) additional one-year terms, if mutually agreed upon by both parties. This amendment would be the fourth extensions to the contract. During the term of the contract and any extensions, the City may accept new parks, streetscapes and planters that are not covered in the original Fee Schedule. Compensation for additional locations will be based on pro rata amount of square footage.
Discussion:
The tenth amendment to the Landscape Maintenance contract between the City of Los Banos and Ronny's Inc. has been prepared by the City Attorney of the City of Los Banos for the Council's review and adoption, if so deemed. Staff has advertised a new Request for Proposals (RFP) for the City-Wide Landscape Maintenance on August 1, 2022. The proposals were due on August 31, 2022. Upon evaluation, it was determined that additional time is needed to fully prepare the financial impact analysis of the new RFPs on the various Landscape and Lighting District as well as General Fund. 185
Additional time is also needed to gather clarifications from the various contractors as to their proposed level of service in correspondence to the cost.
Prior to the expiration of the contract on November 30, 2022, City staff will initiate the procurement process for a new Landscape Maintenance Services contract. Following the selection of a landscape maintenance company, a new contract will be reviewed by the City Council for approval.
Fiscal Impact:
There is no additional fiscal impact for the contract extension. Ronny's Inc. has waived their right to a Consumer Price Index (CPI) increase for the extension period.
Reviewed by:
Brent Kuhn, Interim Finance Director
Attachments:
Resolution
Amendment No. 1 O to the Contract
186
RESOLUTION NO. __
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS AUTHORIZING THE
INTERIM CITY MANAGER TO ENTER INTO THE
TENTH AMENDMENT TO LANDSCAPE
MAINTENANCE CONTRACT BETWEEN THE
CITY OF LOS BANOS AND RONNYS INC.
WHEREAS, the City of Los Banos is entering into the Tenth Amendment to the contract for Landscape Maintenance Services with Ronnys Inc; and WHEREAS, the term of the Tenth Amendment shall be effective upon execution of the parties to this contract; and
WHEREAS, said Tenth Amendment to the contract, as presented, has been prepared by the City Attorney of the City of Los Banos: and WHEREAS, all the tenns and conditions of the contract remain in full effect except as expressly amended by the Tenth Amendment to the contract; and WHEREAS, the City Council of the City of Los Banos designates the Interim City Manager to sign and execute the Tenth Amendment to the contract.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby approve the Tenth Amendment to the Contract between the City of Los Banos and Ronnys Inc., and the designation of the Interim City Manager to sign and execute the Tenth Amendment to the contract as presented.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 21 st day of September 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
187
THIS PAGE IS INTENTIONALLY LEFT BLANK
188
AMENDMENT NO. 10
CONTRACT FOR LANDSCAPE MAINTENANCE SERVICES
[RONNYSINC.J
THIS AMENDMENT NO. 10 TO LANDSCAPE MAINTENANCE CONTRACT, is made and entered into by and between the CITY OF LOS BANOS, a California Municipal corporation, herein referred to as "City", and RONNYS INC., a California corporation, whose address is 1251 Badger Flat Road, Los Banos, California 93635, herein referred to as "Contractor".
RECITALS
WHEREAS, City and Contractor entered into a Landscape Maintenance Contract, dated October 2, 2014 "Contract " wherein Contractor agreed to perform specified city wide landscaping and maintenance services in accordance with the tenns of said Contract; WHEREAS, the extended term of the Contract terminates September 30, 2022; and WHEREAS, the parties wish to extend the term of the Contract for an additional two months to allow for time to award a new contract.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. TERM.
Section 1.02 of the Contract is amended to extend the term of the Contract for an additional two months commencing October 1, 2022 and terminating November 30, 2022.
2. JNTEGRATION/EFFECTIVE DATE.
Except as expressly amended, all other terms and conditions of the Contract and all prior amendments shall remain in full force and effect. This Amendment No. 10 shall be effective upon execution of the parties to this Contract.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 10 to be executed and attested by their respective officers hereunto duly authorized. 189
Date:
Date:
ATfEST:
CITY CLERK
Lucille L. Mallonee, City Clerk
APPROVED AS TO FORM:
William A. Vaughn
City Attorney
RONNYS INC. a California corporation
by: RONNY NAVARRO. CEO
CITY OF LOS BANOS, a California
municipal corporation
by: GREGORY B. WELLMAN,
Interim City Manager
190
LOsBanos
Al tl1e ,. -roacls OJ t.:alifon1ia
Agenda Staff Report
TO: Mayor Faria and City Council Members
FROM:
DATE:
Stacy Souza Elms, Community and Economic Development Director~ September 21, 2022
TYPE OF REPORT: Public Hearing
SUBJECT: Consideration of Conditional Use Permit #2022-08 to allow the use of a Type 47 on-sale general alcohol license in conjunction with a bona-fide eating place for Jungle Jim's Adventure Lanes located at 923 W. Pacheco Blvd.
Recommendation:
That the City Council adopt a Resolution approving a CEQA Categorical Exemption pursuant to Section 15301, Existing Facilities and approve Conditional Use Permit #2022- 08 to allow the sale of alcohol under a Type 47 alcohol license for Jungle Jim's Adventure Lanes located at 923 W. Pacheco Blvd.
Background:
On August 10, 2022 the Los Banos Planning Commission held a public hearing to review Conditional Use Permit #2022-08 for the use of a Type 47 alcohol license for the on-sale of general alcohol in conjunction with an eating establishment. At the public hearing, the Planning Commission considered the application, including the staff report, presentation by staff, and public comment. As the recommending body, the Planning Commission recommended approval of Conditional Use Permit #2022-08 to the Los Banos City Council.
1 191
The project site was approved for its original Conditional Use Permit (CUP #2015-11) for Aqua Entertainment Center on January 2016 for an ABC Type 40 on-sale beer only license, and the applicant is currently requesting to intensify their existing license. The proposed intensification from a Type 40 on-sale beer only to a Type 47 on-sale general alcohol results in the necessity for a Conditional Use Permit. The applicant is proposing to open a sports bar & restaurant within the existing business as an accessory use and attraction for the business. When the sports bar & restaurant commence business, they will extend the hours of operation from 12:00 AM.
Discussion:
The applicant, Jungle Jim's Adventure Lanes is requesting to intensify their existing ABC Type 40 on-sale of beer only license to an ABC Type 47 license for the on-sale general alcohol. Jungle Jim's Adventure Lanes is located within the San Luis Shopping Center at 923 W. Pacheco Blvd. They operate seven (7) days a week from 12:00 PM to 10:00 PM.
The applicant, Jungle Jim's Adventure Lanes, commenced business operations in December 2021.
LOCATION AND ACCESS:
The project site is located at 923 W. Pacheco Blvd., Assessor's Parcel Number: 431-020- 002. The project site is located within the Highway Commercial Zoning District (H-C) and consists of various commercial uses. The project site can be accessed from Pacheco Blvd. and I St.
2 192
LAND USE:
Property
Project site
North
South
East
West
Land Use
Highway Commercial
Highway Commercial
Residential
Highway Commercial
Highway Commercial
H-C = Highway Commercial
R-1 = Low Density Residential
ENVIRONMENTAL ASSESSMENT:
Zone
H-C
H-C
R-1
H-C
H-C
C = Commercial
General Plan
C
C
LOR
C
C
LOR = Low Density Residential
Pursuant to the California Environmental Quality Act (CEQA) and the City of Los Banos Environmental Quality Guidelines, it has been determined that this project is found to be categorically exempt from the provisions of CEQA - Article 19, Section 15301, Existing Facilities. The applicant's request for the on-sale of general alcohol involving the permitting and licensing of an existing private structure and involves no expansion at 923 W. Pacheco Blvd., APN 431-020-002.
USE PERMIT ANALYSIS
Code Requirements
Pursuant to the Los Banos Municipal Code Section 9-3.2322, a Conditional Use Permit is required for any establishment dispensing for sale or other consideration alcoholic beverages, including beer and wine, for on-sale or off-sale. The Planning Commission is the recommending body and the City Council is the decision making body for Conditional Use Permits for the on-sale and off-sale of alcoholic beverages. A Conditional Use Permit may be granted if the proposed use is conforming to the following criteria:
General Use Permit Criteria:
1 . That the proposed use and project is consistent with the City of Los Banos General Plan, and Los Banos Municipal Code;
2. That the proposed use or project will not be a nuisance or detrimental to the public health, safety, morals, comfort, and general welfare of the persons residing or working in the neighborhood of such proposed use;
3. That the proposed use is compatible with the adjacent uses, properties and neighborhoods and will not be detrimental or injurious to property and improvement in the neighborhood or to the general welfare of the City.
Specific On-Sale and Off-Sale Alcoholic Beverages Criteria:
1. That the proposal will not contribute to undue proliferation of such uses in an area where additional ones would be undesirable with consideration given to the area's function and character, problems of crime and loitering, and traffic problems and capacity;
3 193
2. That the proposal will not adversely affect adjacent or nearby churches, temples, or synagogues; public, parochial, or private elementary, junior high, or high schools; public parks or recreation centers; or public or parochial playgrounds;
3. That the proposal will not interfere with the movement of people along an important pedestrian street; and
4. That where the proposed use is in close proximity to residential uses, and especially to bedroom windows, the use will be limited in hours of operation, or designed operated so as to avoid the disruption of residents' sleep between the hours of 10:00 p.m. and 7:00 a.m.
Staff has evaluated the proposal pursuant to the above criteria set forth in the Municipal Code and offers the following observations:
1. The primary use is a bowling alley and family entertainment center.
2. The surrounding area, adjacent uses, and function are primarily commercial in nature. The use of a bowling alley with a sports bar and restaurant for the on-sale of general alcohol in this location is consistent with the commercial uses of the Highway Commercial Zoning District.
3. Staff is unaware of any significant problems related to crime and loitering, in the surrounding area which would be exacerbated by the on-sale of general alcohol at this location.
4. The approval of the sale of general alcohol for on-site consumption will not contribute to the undue proliferation of alcohol sales in the area where that use would be undesirable taking into account the characteristics of the area.
Additionally, the entitlement will include conditions of approval which will regulate the operational characteristics of allowing the on-sale of general alcohol and are intended to preserve the public health, safety, or welfare of persons and property in the vicinity including crime prevention and loitering.
5. The proposed use is not located within the immediate vicinity of a place of worship.
The project will include conditions of approval which regulate the operational characteristics of allowing the on-sale of general alcohol for on-site consumption and are intended to preserve the public health, safety, and welfare of persons and property in the vicinity and therefore will not have any adverse effect to the place of worship.
6. The project is located on Pacheco Blvd. which is primarily occupied by commercial uses. Conditions of approval will regulate loitering and operational characteristics to insure that the proposal will not interfere with the movement of people along the public right-of-way.
7. There are residential units in the immediate vicinity of the project site. However, the project site is located in the San Luis Shopping Center and the project will include conditions of approval which regulate the operational characteristics of allowing the on-sale of general alcohol for on-site consumption and are intended 4 194
to preserve the public health, safety, and welfare of persons and property in the vicinity. Therefore, the proposed use will not disrupt sleeping activities to the neighboring residences.
All sales of alcohol will be conducted within the sports bar and restaurant and must be consumed on the premises. In addition, the project will be subject to conditions which will mitigate any adverse effects on the surrounding neighborhood and are intended to preserve the public health, safety, and welfare of persons and property in the vicinity.
Jungle Jim's Adventure Lanes, is subject to the Los Banos Municipal Code Noise Ordinance.
Alcoholic Beverage Control
The Alcoholic Beverage Control Board (ABC) is the issuing authority for a Type 47 alcohol license. The City's authority for the sale of alcohol is through its land use powers embodied within the Los Banos Zoning Code.
ABC has the authority according to Section 23801 of the Business and Professions Code to exercise certain conditions under the license, the personal qualifications of the licensee, the conduct of the business or the condition of the premises, which will protect the public welfare and morals, including, but not limited to, the following:
a) Restrictions as to hours of sale
b) Display of signs
c) Employment of designated persons
d) Types and strengths of alcoholic beverages to be served where such types or strengths are otherwise limited by law
e) The portion of the privileges to be exercised under the license f) The personal conduct of the licensee
ABC may also refuse to issue a license to any person who has violated the Alcoholic Beverage Control Act, has a disqualifying criminal record, or is otherwise disqualified. 5 195
Census Tract
The project site is located in census tract 23.01
l
As of the date of this report, there are ten (11) on-sale licenses currently active in this specific census tract. The nearest active on-sale alcohol license to the project site within census tract 23.01 is China Garden Restaurant located at 829 W. Pacheco Blvd., which is approximately 1,102 feet away. The approval of the requested Conditional Use Permit will not increase the active on-sale ABC licenses, as the existing Type 40 on-sale beer only will be null and void once the requested Type 47 on-sale general alcohol is approved.
License Type Business Name Address
41 China Garden Restaurant 829 W. Pacheco Blvd.
41 Mountain Mikes Pizza 509 Pacheco Blvd.
41 Pizza Hut 419 Pacheco Blvd.
41 Black Bear Diner 955 W. Pacheco Blvd.
41 Taqueria El Rodeo 1313 E. Pacheco Blvd., Ste. D
41 Sugoi Sushi 1245 E. Pacheco Blvd.
41 Hot City BBQ and Bistro 1313 S. Sixth St.
41 Aiua! Restaurant 1041 E. Pacheco Blvd.
47 Courtyard Mimosas 245 W. Pacheco Blvd., Stes. A & B
41 Eddie's Cafe 401 W. Pacheco Blvd.
40 Jungle Jim's Adventure Lanes 923 W. Pacheco Blvd.
6 196
Type 41 license= on-sale beer and wine Type 47 license= on-sale general alcohol Type 40 license = on-sale beer only
PUBLIC COMMENT:
A public hearing notice was published in the Merced Sun Star and notices were provided to adjacent property owners within a 300 foot radius of the subject property on Friday, July 29, 2022. As of the date of this staff report, no comments have been received. 1 . Resolution
Exhibit A - CEQA Findings
Exhibit B - Project Findings
Exhibit C - Conditions of Approval
2. Floor Plan
3. Site Photos
4. Public Hearing Notice - September 9, 2022
7 197
THIS PAGE IS INTENTIONALLY LEFT BLANK
198
RESOLUTION NO. __
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS FINDING THE PROPOSED
PROJECT TO BE CATEGORICALLY EXEMPT
FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT PURSUANT TO SECTION 15301,
EXISTING FACILITIES AND APPROVING
CONDITIONAL USE PERMIT #2022-08 TO ALLOW
FOR THE ON-SALE OF GENERAL ALCOHOL
UNDER A TYPE 47 ALCOHOL LICENSE AT 923
WEST PACHECO BOULEVARD; MORE
SPECIFICALLY IDENTIFIED AS ASSESSOR'S
PARCEL NUMBER: 431-020-002
WHEREAS, the applicant, Jungle Jim's Adventure Lanes, has requested that the City of Los Banos consider a Conditional Use Permit to allow the use of a Type 47 alcohol license for the on-sale of general alcohol in conjunction with a bona-fide public eating place to be located at 923 W. Pacheco Blvd., Assessor's Parcel Number: 431-020-002; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA) and the City of Los Banos Environmental Quality Guidelines, Conditional Use Permit #2022-08 for Jungle Jim's Adventure Lanes was determined to be categorically exempt from the provisions of CEQA per Article 19, Section 15301 Existing Facilities as the project site is an existing facility and will not be expanding their existing floor print; and WHEREAS, the Los Banos Planning Commission held a public hearing on August 10, 2022, for the purpose of considering Conditional Use Permit #2022-08 and at the completion of the public hearing, duly considered the evidence presented and recommended approval of Conditional Use Permit #2022-08 to the Los Banos City Council; and
WHEREAS, a public hearing notice was published in the Los Banos Enterprise on September 9, 2022, and notices were mailed to property owners within a 300 foot radius of the project site as required by the Los Banos Municipal Code and California Government Code Section 65091; and
WHEREAS, the Los Banos City Council has held a duly noticed public hearing on Wednesday, September 21, 2022, reviewed said Conditional Use Permit request and staff report, has studied the compatibility of the applicant's request with adjacent land uses and has considered this request in conformance with the Conditional Use Permit criteria established in Section 9-3.2322 of the Los Banos Municipal Code; and 199
WHEREAS, the request/proposed use satisfies the criteria of the Los Banos Municipal Code.
BASED UPON THE EVIDENCE PRESENTED AT THE PUBLIC HEARING, the Planning Commission of the City of Los Banos hereby makes the appropriate findings set forth in Exhibit A (California Environmental Quality Act (CEQA) Findings), and Exhibit B (Findings for Approval), attached hereto and incorporated herein by this reference.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby affirm the determination that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 Existing Facilities and approves Conditional Use Permit #2022-08 to allow the on-sale of general alcohol in conjunction with a bona-fide public eating place, Type 47, located at 923 W.
Pacheco Blvd.; more specifically identified as Assessor's Parcel Number: 431-020-002, subject to the Conditions of Approval set forth in Exhibit C, attached hereto and incorporated herein by this reference.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 21st day of September 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
2 200
EXHIBIT A
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS FOR CONDITIONAL USE PERMIT #2022-08 - JUNGLE JIM'S ADVENTURE LANES Pursuant to the requirements of California Public Resources Code Section 21000 et seq. ("CEQA") and Title 14, California Code of Regulations Section 15000 et seq. (the "CEQA Guidelines"), the City as Lead Agency under CEQA adopts the following findings required by CEQA, along with the facts and evidence upon which each finding is based.
The City of Los Banos City Council hereby finds as follows:
1. Pursuant to CEQA, the CEQA Guidelines, and the City of Los Banos Environmental Quality Guidelines, Conditional Use Permit #2022-08 was evaluated and determined to be categorically exempt per Article 19, Section 15301, Existing Facilities, as the request for the on-sale of general alcohol involves the permitting and licensing of an existing private structure and involves no expansion at 923 W. Pacheco Blvd., APN: 431-020-002.
2. The Project was adequately noticed on Friday, September 9, 2022, for consideration at a public meeting on Wednesday, September 21, 2022.
3. No further environmental documentation is required as the Project was contemplated and adequately analyzed in the initial review.
4. Prior to considering the proposed Project, the City Council considered the Categorical Exemption.
3 201
EXHIBIT B
FINDINGS FOR APPROVAL FOR CONDITIONAL USE PERMIT #2022-08 - JUNGLE
JIM'S ADVENTURE LANES
The City of Los Banos City Council hereby finds as follows:
1 . General Findings:
a. The project is consistent with the City of Los Banos General Plan.
The existing General Plan land use designation for the project site is MixedUse, which is intended for mixed-use development, located downtown, allowing for mixture of commercial, office, institutional, public/semi public, and residential uses.
The following specific General Plan Goals, Objectives, and Policies are applicable to the proposed project:
ECONOMIC DEVELOPMENT POLICY ED-G-7:
Seek and promote particular businesses or economic opportunities that provide needed local goods, services, employment, or those that enhance the City's physical and social well being.
LAND USE POLICY LU-G-10:
Foster viable, pedestrian-oriented neighborhood centers and strong, visually attractive regional commercial centers with a mix of tenants to serve both local and regional needs.
Evidence/Analysis: Jungle Jim's Adventure Lanes will have the ability to provide a wider range of service for customers and allows the restaurant to compete with similar type businesses. The proposed use would continue a commercial use that is compatible with and complementary of existing commercial uses adjacent to the project site. In addition, the project would also be consistent with General Plan land use policies as set forth above. b. The zoning designation for the project site is Highway Commercial (H-C).
The purpose of the Highway Commercial District is to provide a district for commercial uses which do not specialize in serving the pedestrian shopper but rather, because of their character, are more appropriately located along a highway or major street and where drive-in operations are more feasible.
Evidence/Analysis: The proposed use complies with the Los Banos Municipal Code Title 9, Chapter 3, Article 13 as the use will be consistent with the surrounding area, adjacent uses, and function are primarily 4 202
commercial in nature. A bowling alley with a sports bar and restaurant providing for the on-sale of general alcohol is permitted in this location.
2. That the proposed use or project will not be a nuisance or detrimental to the public health, safety, morals, comfort, and general welfare of the persons residing or working in the neighborhood of such proposed use.
Evidence/Analysis: The on-sale of general alcohol will be conducted in accordance with ABC regulations; therefore, will not be a nuisance or detrimental to the neighborhood in which the store is located. The project contains conditions of approval which regulate the operational characteristics of allowing the serving of alcohol and are intended to preserve the public health, safety, or welfare of persons and property in the vicinity.
3. That the proposed use is compatible with the adjacent uses, properties, and neighborhoods and will not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City.
Evidence/Analysis: The proposed use will be conducted in the location in which commercial uses operate and will not result in significant operational changes to the existing commercial area. The areas function and character is Commercial, which includes uses that sell alcohol. The project would include conditions of approval which regulate the operational characteristics of allowing the serving of alcohol and are intended to preserve the public health, safety, or welfare of persons and property in the vicinity.
2. Specific Findings
1. That the proposal will not contribute to undue proliferation of such uses in an area where additional ones would be undesirable with consideration given to the area's function and character, problems of crime and loitering, and traffic problems and capacity.
Evidence/Analysis: The primary use in conjunction with the selling of general alcohol for on-site consumption is a bowling alley and family entertainment center. As reflected in the staff report, the number of on-sale licenses in the Census Tract is currently eleven ( 11 ). This proposal will not increase the amount of active on-sale licenses as this proposal will replace the existing Type 40 beer only license upon approval of the Type 47 general alcohol license. The census tract area and function is primarily commercial in nature, and is entirely consistent with a restaurant and the sale of general alcohol for on-site consumption. The proposed on-sale of general alcohol is complementary to the bowling alley with sports bar and restaurant use that is compatible with and complementary of existing commercial uses in the area. The project would include conditions of approval which regulate the operational characteristics of allowing the selling of general alcohol for on-site consumption and are intended 5 203
to preserve the public health, safety, or welfare of persons and property in the vicinity including crime prevention and loitering. Staff is unaware of any significant problems in the area related to crime and loitering, which would be negatively affected by the on-sale of general alcohol at this location.
2. That the proposal will not adversely affect adjacent or nearby churches, temples, or synagogues; public, parochial, or private elementary, junior high, or high schools; public parks or recreation centers; or public or parochial playgrounds.
Evidence/Analysis: Conditions of Approval have been incorporated into the project which regulate the operational characteristics of allowing the selling of general alcohol for on-site consumption and are intended to preserve the public health, safety, or welfare of persons and property in the vicinity. The project is not located within the immediate vicinity of a place of worship conditions of approval have been incorporated into the project approval to mitigate any potential adverse effect.
3. That the proposal will not interfere with the movement of people along an important pedestrian street.
Evidence/Analysis: Alcohol will not be allowed to be consumed beyond the premises of the bowling alley with a sports bar and restaurant at any time and it is not anticipated that persons will congregate on sidewalks or streets as a result of the proposed use. Signage will also be provided on the property and building which prohibit loitering. It is not anticipated that the on-sale of general alcohol at this location will adversely affect any important pedestrian right of ways.
4. That where the proposed use is in close proximity to residential uses, and especially to bedroom windows, the use will be limited in hours of operation, or designed operated so as to avoid the disruption of residents' sleep between the hours of 10:00 p.m. and 7:00 a.m.
Evidence/Analysis: There are residential units in the immediate vicinity of the project site. However, the project site is located in the San Luis Shopping Center and the project will include conditions of approval which regulate the operational characteristics of allowing the sale of general alcohol for on-site consumption and are intended to preserve the public health, safety, and welfare of persons and property in the vicinity. Therefore, the proposed use will not disrupt sleeping activities to the neighboring residences.
6 204
EXHIBIT C
CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT #2022-08- JUNGLE
JIM'S ADVENTURE LANES
1. The following conditions of approval shall apply to and be applicable to the applicant, property owner, and/or operator. Reference to applicant, property owner, and/or operator shall be interpreted to include all.
2. Conditional Use Permit 2022-08 is for Jungle Jim's Adventure Lanes sports bar and restaurant located at 923 W. Pacheco Blvd., Assessor's Parcel Number: 431-020-002, and the requested use shall automatically and without notice expire after one (1) year from date of approval by the Los Banos City Council unless commenced. The City for cause may revoke this Conditional Use Permit. Any expansion, intensification, or significant change to the primary use and the uses approved under this Conditional Use Permit shall be permitted only upon modification of this Conditional Use Permit or approval of a separate Conditional Use Permit application. The Conditional Use Permit shall automatically and without notice expire one year after discontinuance of the primary use and/or the uses approved under the Conditional Use Permit.
3. The applicant/operator shall comply with all other requirements, laws and policies of other governmental agencies in the conduct and operation of said business.
4. The applicant/operator shall obtain and maintain an active Type 4 7 on-sale of general alcohol in conjunction with a bona-fide eating place license as defined by the Department of Alcoholic Beverage Control and shall provide a copy of said license upon issuance by the Alcoholic Beverage Control to the Community and Economic Development Department prior to the sale of alcohol on the premises.
5. A copy of these Conditions of Approval and the California Department of Alcoholic Beverage Control license are required to be kept on the premises and presented to any law enforcement officer or authorized City official upon request.
6. The applicant/operator shall be responsible for maintaining the exterior of the premises free of litter and trash at all times including the parking lot areas in front of the premises. No storage of equipment, supplies, or merchandise of any kind shall be allowed in the front or rear exterior of the building. All deliveries shall be made from the rear of the building.
7. The Planning Commission reserves the right to review and/or revoke this permit should the applicant not adhere to the Conditions of Approval. The City may amend or impose new conditions to mitigate adverse effects in the neighborhood resulting from the use of alcohol on the premises.
7 205
8. The applicant/operator agrees to indemnify, hold harmless, and defend the City of Los Banos, its officers, agents and employees from any and all liability or claims that may be brought against the City of Los Banos arising out of its approval of this permit, or the environmental determination rendered in connection with the permit approval, or arising out of the operation of the use or uses allowed under the permit, save and except that caused solely by the City's active negligence.
9. The exterior of the premises, including parking lot area, shall be sufficiently illuminated, to the satisfaction of the Police Chief, during all hours of darkness when the premises are open for business in a manner so that persons accessing those areas at night are identifiable by law enforcement personnel.
10. The premises shall be operated primarily as a bowling alley and family entertainment center with a sports bar and restaurant as described in the application prepared by the applicant and filed with the Community and Economic Development Department.
Any substantial or significant changes in use or operation of the premises from the Operational Statement may cause a review, amendment or revocation of the Conditional Use Permit. The applicant shall notify the Community and Economic Development Department of any substantial or significant changes in use or operation of the premises from the Operational Statement.
11. The use of the premises of the subject site shall be consistent with the Conditions of Approval and shall not be operated in a manner that deviates from the approved Conditional Use Permit filed application and operational statement, which shall constitute a violation and may result in the revocation or modification of the permit upon written notice to the owner of the subject site.
12. Authorization of a Conditional Use Permit granted pursuant to the provisions of Section 9-3.2322 of the Los Banos Municipal Code continue to be valid upon change of ownership of the site or structure which was the subject of the Conditional Use Permit application provided the use shall be subject to all provisions of the Municipal Code and all conditions placed on approval of the Conditional Use Permit are continually met. The applicant shall immediately notify the Community and Economic Development Department of any changes in ownership.
13. This Conditional Use Permit shall be subject to revocation by the Community and Economic Development Director or the Planning Commission upon a finding that:
a. Conditions of approval have not been fulfilled;
b. A significant change or intensification of the approved use; c. The use has resulted in a nuisance or detriment to the public health, safety, morals, comfort, and general welfare of the persons residing or working in the neighborhood or is detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City.
8 206
14. Consumption of alcohol shall only be allowed on the premises of the restaurant.
Outdoor patio consumption of alcohol shall only be permitted with a barrier between the public right -of-way and restaurant patrons to be approved by the Community & Economic Development Director.
15. No loud amplification of music or voice shall be allowed outside.
16. The applicant/operator shall have monitoring cameras in the exterior and interior of the restaurant at all times to the satisfaction and approval of the Police Chief. The applicant shall always maintain the surveillance equipment in working order and keep the video recordings for 30 days to be made available to law enforcement upon request.
17. The premises shall be operated in accordance with the Los Banos Municipal Code Noise Ordinance.
18. The applicant shall acknowledge and execute receipt of a copy of the foregoing Conditions of Approval.
19. The applicant/operator shall provide signs prohibiting loitering on the property and/or building subject to the approval of the Community and Economic Development Director.
20. This approval is conditioned upon and shall be effective upon payment in full of all outstanding invoices pursuant to the Cost Recovery Contract. 9 207
THIS PAGE IS INTENTIONALLY LEFT BLANK
208
a _, (,o.md"'-S
RESTRM. \
58 SQ. FT. \
BOWLERS CIRCLE
7,375 SQ. FT.
~~·
□ I
r i
/~
~ ,/ ,!=?)
[SJ ! u
:l
.. ~
Ii: "
....___..__ ___ _._ ~ ~~ i; I( I -J ni~1
1 l .. Ir -.
/
17'-2" I====~ -
~ 11 0
0 35'-5" 11
• I
I I
I
I
I
I
I -
'
~
[y]
J \.J~L--
'- .... '11) tffl:i / l[' '
D O ID ;___J ~ DO D ■
/
b- .
'--0 Ill' lmii.111bi111Mfr.... _, p 1
[?--0 • ~
-0· •~ % ~ ~ ~ :
FOOD SERVICE EQUIPMENT PLAN • PRELIMINARY A
! 114" • 1'..,..
I '----'
I I
I
I
I
I
I
I
LOBBY
L .C 1 ..
/
11 !
\,___
F
liil;;~l"'e; lbil! '" i;;~i ~
11 .....
••i-1n-.-1...,~..r-au.i,·•
---···- .,.,. •• ,....,\I~~,..,. ... s .. ··-... ~ I .-,-- ·------·-· 3,482 SQ. FT. 11 ;';~=-· -..
A
/
r.
. ~·,
I J reoe ,n-,9e1 ,o.,.,.111t I
I ::-.. ~.'!!! ... - :::.:.-::-.... I
I·=:··-
I I==--===-,
II ?,;"·
NNl,IOU
:i"'NntO
·-·--·-
~N::111...-,Q_,... I ~-"1:11...,_T II ··-·~- llOCll"'LNf I ""' ..... _______________ FS-1.0 I IIHl!l!T • o~ ze
209
THIS PAGE IS INTENTIONALLY LEFT BLANK
210
Legend
923 W Pacheco Blvd
211
...J
Cl)
D)
Cl)
C
,,
212
213
214
LOsBanos
At the Crossroads of California
COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT
Date: September 7, 2022
Regarding: Notice of Public Hearing
Proposal: Conditional Use Permit #2022-08 - Type 47 Alcohol License NOTICE IS HEREBY GIVEN THAT a Public Hearing will be held by the Los Banos City Council to consider Conditional Use Permit #2022-08 and a Categorical Exemption from the California Environmental Quality Act (CEQA) pursuant to Section 15301, Existing Facilities, to allow the use of a Type 47 Alcohol License for the on-sale of General Alcohol for Jungle Jim's Adventure Lanes, located at 923 W. Pacheco Blvd., more specifically identified as Assessor's Parcel Number: 431-020-002.
The Los Banos Planning Commission held a public hearing on Wednesday, August 10, 2022, for the purpose of considering the above mentioned project. At the completion of the public comment, the Planning Commission recommended approval of Conditional Use Permit #2022-08 to the Los Banos City Council.
A PUBLIC HEARING on this matter will be held at the next scheduled meeting of the Los Banos City Council on Wednesday, September 21, 2022 at 6:00 p.m. in the Council Chambers of Los Banos City Hall, located at 520 "J" Street, Los Banos, California.
Questions regarding the above-referenced item may be directed to Stacy Souza Elms, Community and Economic Development Director, at City Hall or at (209) 827-2433.
All persons are invited to be present at the public hearing. Written and oral testimony is invited. Notice is hereby further given that if you challenge the above described Project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this Notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing.
Additional information may be obtained from the Community & Economic Development Department at 520 J Street, Los Banos, California. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Office of the City Clerk at (209) 827-7000. Notification at least 48 hours prior to the public hearing will enable the City to make reasonable arrangements to allow participation at this hearing
THE CITY OF LOS BANOS
Stacy Souza Elms
Community and Economic Development Director
cm
215
THIS PAGE IS INTENTIONALLY LEFT BLANK
216
LOsBanos
Agenda Staff Report
TO: Mayor and City Council Members
FROM:
DATE:
Soknirorn Than, P.E., Public Works Director/City Engineer <L-= } L_ September 21, 2022 ,,,..-----
TYPE OF REPORT: Agenda Item
SUBJECT: Rejecting All Bids for the Construction of the Final Cover System for the Old Los Banos Landfill
Recommendation:
That the City Council adopts the Resolution to reject all bids for the Construction of the Final Cover System for the Old Los Banos Landfill.
Background:
The City of Los Banos owns and operated the Los Banos Solid Waste Disposal Site (landfill) located to west of the AG Sport Complex on APN 082-020·021. This landfill occupies approximately 35 acres of the eastern portion of the 50 acre parcel. There are minimal existing facilities that lie on the landfill property. Two unlined waste management units (WMUs) occupy about 11.6-acres on the north and west side of the landfill property.
The southeastern portions of the property are occupied by two stormwater basins that serve the residential housing to the south. Chain link fencing borders the landfill property.
The remaining western end of the parcel is occupied by a public recreation facility that includes softball fields, parking lot and other recreational structures.
The Old Los Banos Landfill was an unclassified waste disposal site until 2001 when Waste Discharge Requirements Order No. 5-01-163, adopted by the Regional Water Quality Control Board on July 18, 2001, classified the landfill as a Class Ill that accepted nonhazardous solid waste in accordance with 27 CCR Section 20005. Owned by the City and operated by the City Public Works Department, the landfill functioned as a burn dump between 1955 and 1973. Municipal waste was burned in open, unlined trenches and buried. From 1973 to 1994 the site served as an inert waste landfill for City use only; no 217
other types of waste were accepted. The waste comprised primarily of plant and tree cuttings, concrete, brick, and asphalt. Inert solid waste was last discharged at the landfill in May 1994. The landfill has been inactive since May 1994. An earthen cover system was constructed to cap the waste units while pending closure.
The depth to the base of the waste is approximately 22 feet at the deepest location. The uppermost soil cover thickness ranged from approximately 1 to 5-feet thick. The waste buried in the unit is comprised of approximately 3 to 4 trenches of burned municipal waste, consisting of ash, glassware, ferrous metal and cans, and other waste materials that were not effectively burned.
In 2014, the City executed an agreement with BSK Associates to assist with the design and post closure monitoring program for this landfill. The scope of services were divided into 17 task that ranges from Project Approval/Environmental Document Phase (PAED) to post closure monitoring.
On September 2020, the design and preliminary construction document were completed and submitted to the Central Valley Regional Water Quality Control Board (CVRWQCB) for review. This proposal was ultimately approved on 9/22/2022 by the CVRWQCB.
On June 15, 2022, the City Council adopted Resolution No. 6519 to adopt the 2022-2023 FY Budget, which includes a budget of $4,000,000.00 for the construction and post closure monitoring program for the final cover system for this landfill.
Discussion:
Staff released the project for advertisement on Monday, August 1, 2022. The bid opening was held on Thursday, September 1, 2022. The Public Works Department, through the office of the City Clerk, received only one (1) bid from the following contractor:
Contractor Location Bid Amount
Lodi $5,837,177.20
This bid amount was significantly higher than the engineering estimate of $2,275,273.70 and is also over the budgeted amount.
Per section 3-16.07 of the municipal code, the City Council may reject any and all bids presented if the Public Works Director, prior to rejecting all bids, furnishes a written notice to an apparent low bidder, informing the bidder of the City's intention to reject the bid at least two (2) business days prior to the hearing at which the City Council intends to reject the bid. All bids may be rejected whenever the agency determines that the cost is not reasonable, the cost exceeds the amount estimated, or otherwise in the best interest of the agency. Per section 6.028 of the State Contracting Manual, there is no basis for protest if the awarding agency rejects all bids based on the best interest of the agency.
218
Public Works staff will evaluate the project to determine why there was not more competition for the contract and why the unit prices were significantly higher than the engineer estimate. Staff will then evaluate if a redesign is warranted.
Fiscal Impact:
The project has been budgeted in account 510-490-100-272 of the 2022-2023 fiscal year for the amount of $4,000,000.00. Due to the bid result above, staff is recommending City Council t reject all bids.
Attachments:
Resolution
Bid Opening Sheet
Public Notice
219
THIS PAGE IS INTENTIONALLY LEFT BLANK
220
RESOLUTION NO. __
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS REJECTING ALL BIDS
FOR THE CONSTRUCTION OF THE FINAL
COVER SYSTEM FOR THE OLD LOS BANOS
LANDFILL
WHEREAS, the City of Los Banos Public Works Department received competitive bids on September 1, 2022 for the purpose of constructing a final cover system for the Old Los Banos Landfill; and
WHEREAS, the Public Works Department has determined, after receiving only one competitive bid, that the cost exceeds the amount estimated and budget.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby reject all bids received for the Construction of the Final Cover System for the Old Los Banos Landfill.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 21st day of September 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
221
THIS PAGE IS INTENTIONALLY LEFT BLANK
222
T Cityof B LOS anos
BID OPENING RESULTS
CONSTRUCTION OF THE FINAL COVER SYSTEM
FOR THE OLD LOS BANOS LANDFILL
September 1, 2022 - 2:00 PM
1. Ford Construction Company, Inc. $ 5,837,1TT.20
Signed: ~\A.Qc. <) ~ ~ , Dated: September 1. 2022
Sara Blevins, CMC
HR Technician/Deputy City Clerk
n de Melo
nistrative Coordinator
223
THIS PAGE IS INTENTIONALLY LEFT BLANK
224
Advertisement for Bids
CITY OF LOS BANOS
520 J Street
Los Banos, California 93635
Notice is hereby given that separate sealed bids for the award of contract for the Construction of the Final Cover System for the Old Los Banos Landfill will be received by the City of Los Banos at the office of the City Clerk until 2:00 p.m. Pacific Daylight Savings Time September 1, 2022 and then at said office publicly opened and read aloud.
In general, the scope of work consists of, but is not limited to, furnishing all materials, labor, and equipment required to complete the following work:
• Excavation and stockpiling of clean cover soil;
• Excavation and stockpiling of impacted soil and waste material. Excavation shall extend to a depth corresponding with the bottom of the foundation layer as shown on the approved closure plan;
• Proof-roll underlying waste/soil with a heavy rubber-tired vehicle (loaded water truck, loaded scraper etc.) or other approved equipment to ensure a relatively firm and unyielding condition subgrade;
• Backfill select waste and impacted soil, moisture conditioning to +/- 2% of optimum and compacting to 90% of maximum dry density as determined by ASTM D 1557; • Install low hydraulic conductivity layer (LHCL), filling clean soil (stockpiled on-site) mixed with 3% Western Clay powdered bentonite (by weight) to attain a hydraulic conductivity value of less than 1x10-s centimeters, moisture conditioning to +/- 2% of optimum and compacting to 93% of maximum dry density as determined by ASTM D 1557; • Install erosion-resistant layer, placing asphaltic concrete per Section 39 of the Caltrans Standard Specifications (2018 Edition) to the elevations and slopes shown on the approved closure plan;
• Construct concrete vee-gutter, curbing and curb and gutter as shown on the approved closure plan;
• Install drainage inlets and sump discharge structures as shown on the approved closure plan;
• Construct drainage swales and grade adjacent clean soil ground surface to the elevations and slopes shown on the approved closure plan;
• Install¾" drainage rock as shown on the approved closure plan; and • Transport all remaining impacted soil and waste material offsite for final disposal.
For additional details please see the "Final Cover System Closure and Post-Closure Maintenance Plan, Old Los Banos Landfill, Mercey Springs Road, Los Banos, California" by BSK Associates of Fresno, California dated January 10, 2020, (BSK Project E19-049-01F) as seen in Attachment A.
The time for completion shall be approximately forty-five (45) working days. 225
The Contract Documents, in their entirety, can be viewed and/or obtained from the City of Los Banos website at www.losbanos.org or at the following locations:
Central California Builders Exchange (www.cencalbx.com ) Builders Exchange of Stockton (www.besonline.com )
Valley Builders Exchange, Inc. (www.valleybx.com )
Builders Exchange of Santa Clara County {www.bxscco.com ) Dodge Data & Analytics (www.construction.com/plans/ )
A payment bond prepared and executed in accordance with California Civil Code Section 9550 and a bond for faithful performance of the contract will be required of the successful bidder who is awarded the contract.
The successful bidder must comply with the latest general prevailing rate of per diem wages as determined by the Director of Industrial Relations, State of California, Department of Industrial Relations and is to be paid to the various craftsmen and laborers required to construct said improvements and is made a part of the specifications and contract for said work to which reference is hereby made for further particulars.
No contractor or subcontractor may be listed on a bid proposal or awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.
This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor registration information can be found at:
http://www.dir.ca.qov/Public-Works/PublicWorks. html
Each bid shall be accompanied by cashier's or certified check or by a bidder's bond, made payable to the City of Los Banos and executed by a corporate surety licensed to issue surety bonds in the State of California, for an amount equal to at least ten percent (10%) of the amount of said bid and no bid shall be considered unless such cashier's or certified check or bidder's bond is enclosed therewith.
The successful bidder of this project shall have the following current and active California State Contractor's License at the time of the submission of the bid and throughout the duration of the contract: Engineering Class A, with a C-12, HAZ Specialty Classification, and licensed hazardous waste hauler for transportation of remaining soil waste material.
Prospective bidders are required to attend a mandatory pre-bid meeting on August 18, 2022 at 10:30 am. The meeting will be held at the Public Works Madison office located at 411 Madison Ave., Los Banos, CA 93635. There will be an optional jobsite tour after the meeting.
Bids will not be considered from bidders who were not physically in attendance at the mandatory pre-bid meeting.
Bidders shall refer to the Contract Document's Information for Bidders for complete instructions.
Bidders are solely responsible for the cost of preparing their bids.
The City specifically reserves the right, in its sole discretion, to reject any or all bids, to re-bid, or to waive inconsequential defects, in bidding not involving time, or quality of the work. The City may reject any and all bids and waive any minor irregularities in the bids. 226
LOsBanos
At Jr • Ct· ·s,oacl · of C, ,. 1ia
Agenda Staff Report
TO:
FROM:
DATE:
Mayor Faria & City Council Members
Brent Kuhn, Interim Finance Director
September 21, 2022
SUBJECT: Investment Policy
TYPE OF REPORT: Item for Agenda
Recommendation:
It is recommended that the City Council review and approve the attached Investment Policy.
Background:
The City's Investment Policy should be reviewed and approved annually. The attached Investment Policy has been revised to include a more comprehensive approach to the the City's Cash and Investments.
Fiscal Impact:
None
Investment Policy
227
THIS PAGE IS INTENTIONALLY LEFT BLANK
228
LOsBanos
At tlte Crossroads of California
CITY OF LOS BANOS
STATEMENT OF INVESTMENT POLICY
SEPTEMBER 2022
229
THIS PAGE IS INTENTIONALLY LEFT BLANK
230
POLICY
It is the policy of the City to invest public funds in a manner which will safely preserve portfolio principal, provide adequate liquidity to meet the City's cash flow needs and optimize returns while conforming to all federal, state, and local statues governing the investment of public funds.
SCOPE
This investment policy applies to all cash and financial investments of the various funds of the City of Los Banos as reported in the City's Annual Comprehensive Financial Report, with the exception of those financial assets explicitly excluded from coverage for legal or operational reasons. The provisions of the related bond indentures or resolutions shall govern investments of bond proceeds. City funds to which this policy applies are as follows:
• General Fund
• Special Revenue Funds
• Capital Projects Funds
• Debt Service Funds
• Internal Service Funds
• Enterprise Funds
• Fiduciary Funds
PRUDENCE
Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in management of their own affairs, not for speculation, but for investment considering the probable safety of their capital as well as the probable income to be derived. The standard of prudence to be used by investment officials shall be the "prudent person" and/or "prudent investor'' standard in accordance with CA Government Code Section 53600.3, and shall be applied in the context of managing an overall portfolio. Investment officers acting in accordance with the investment policy and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments.
INVESTMENT OBJECTIVES
The criteria for investing and managing public funds and the order of priority are as follows:
Safety of Principal: Safety of principal is the foremost objective of the investment program. Investments of the City shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. To attain this objective, the City will diversify its investments by investing funds among a number of financial institutions offering a variety of securities with independent returns.
Liquidity: Liquidity is the ability to change an investment into its cash equivalent on short notice at its prevailing market value. The City's investment portfolio shall remain sufficiently liquid to enable the City to meet all operating requirements which might be reasonably anticipated. This is accomplished by structuring the portfolio so that securities mature concurrently with anticipated cash needs. Since all possible cash demands cannot be anticipated, the portfolio will maintain a liquidity "buffer" equivalent to six months of expenses and invest in short-term, highly liquid vehicles such as LAIF and/or money market funds.
231
Rate of Return (Yield): The portfolio shall be designed with the objective of attaining a benchmark rate of return throughout budgetary and economic cycles, considering safety and liquidity requirements. The benchmark may vary from time to time depending on the economic and budgetary conditions present.
DELEGATION OF AUTHORITY
Authority to manage the City's investment program is derived from the California Government Code Section 53607. Management's responsibility is hereby delegated by the City Council to the City Treasurer and the Finance Director, who shall establish procedures for the operation ofthe investment program consistent with this investment policy. The City Treasurer with assistance from the Finance Director shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinates. The City Treasurer can delegate a person responsible for investment transactions. The City Treasurer has delegated the City's Finance Director as the person to be responsible for investment transactions. Any and all independent investment managers used by the City must be approved by the City Council. No persons may engage in an investment transaction for the City except as provided under the terms of this policy.
ETHICS AND CONFLICTS OF INTEREST
The City Treasurer and all investment personnel shall refrain from personal business activities that could conflict with proper execution of the investment program and/or which could impair their ability to make impartial investment decisions. The City Treasurer and all investment personnel shall disclose to the City Manager and the City Council any material financial interests in financial institutions that conduct business within this jurisdiction and shall disclose any material investment positions which could be related in a conflicting manner to the performance of the City's investment portfolio. The State of California Fair Political Practices Commission Statement of Economic Interests shall be completed on an annual basis by the City Treasurer.
AUTHORIZED FINANCIAL INSTITUTIONS AND DEALERS
The City Treasurer along with the Finance Director will maintain a list of financial institutions, selected on the basis of credit worthiness, financial strength, experience, references and minimal capitalization that are authorized to provide investment capacity. No public deposit shall be made except in a qualified public depository as established by state laws. As part of a due diligence program, the City Treasurer should review the annual financial reports of key counter-party banks as well as summary reports retrieved from each bank's regulator. These summary reports are known as Call Reports and can be viewed on the Federal Financial Institutions Examination Council's (FFIEC) website at https:llcdr.ffiec.gov/public/. Annually and before engaging in investment transactions with a broker/dealer, the firm shall sign a certification form, attesting that the individual responsible for the City's account with that firm has reviewed the investment policy and that the firm understands the policy and intends to present only those investment transactions appropriate under the policy. The City Treasurer with assistance from the Finance Director shall request for the broker/dealer to provide the latest/most available financial statement to the City.
AUTHORIZED AND SUITABLE INVESTMENTS
The City is empowered by California Government Code Section 53601 to invest in the following types of securities:
232
• United States Treasury bills, notes, bonds, or certificates of indebtedness, or those for which the faith and credit of the United States are pledged for the payment of principal and interest with a maximum remaining maturity of five (5) years.
• Obligations issued by agencies or instrumentalities of the U.S. Government with a maximum remaining maturity of five (5) years.
• Bonds, notes, warrants or other evidence of debt issued by a City of Los Banos entity with a maximum remaining maturity of five (5) years.
• The Local Agency Investment Fund (LAIF) maintained by the State of California. Current policies of LAIF set minimum and maximum amounts of monies that may be invested as well as maximum number of transactions that are allowed per month.
• Negotiable certificates of deposit issued by federally or state-chartered banks or associations or by a state licensed branch of a foreign bank with a maximum remaining maturity of five (5) years.
Purchases may not exceed 20% of surplus funds.
• Medium term notes with a maximum remaining maturity of five (5) years or less, by corporations organized and operating in the United States and rated "AA" or better by a recognized rating service. No more than 25% of surplus funds can be invested in this type of security. • Money Market Mutual Funds. Shares of beneficial interest issued by diversified management companies investing in the securities and obligations authorized by this section. Such funds must carry the highest rating of at least two of the largest national rating agencies. The companies shall retain an investment adviser registered with the Securities and Exchange Commission with not less than five (5) years' experience investing in the securities and obligations as authorized by this section, and with assets under management in excess of $500,000,000. The purchase price of shares of beneficial interest purchased pursuant to this subdivision shall not include any commission that these companies may charge.
• Insured or collateralized time deposits or savings accounts secured in accordance with the provisions of Sections 53651 and 53652 of the California Government Code. If the collateral is government securities, 110% of market value to the face amount and accrued interest of the deposit is required. If secured by first mortgages and first deeds of trust, the market value must be 150% of the face amount and accrued interest of the deposit. The collateral must be held by a third party.
Required ratings will be deemed to be the rating on the date of purchase. A five (5) year maximum remaining maturity is allowed unless an extension of maturity is granted by the City Council.
PROHIBITED INVESTMENTS
Certain investments allowed by California Government Code will continue to be excluded from the policy. These include: repurchase agreements, reverse repurchase agreements, commercial paper, interest only strips, collateralized mortgage obligations, County investment pools and other investment pools.
SUSTAINABLE AND RESPONSIBLE INVESTING
City funds should be guided by the following provisions when investing in securities of nongovernmental entities:
• Priority shall be given to investments in entities that support community well-being through safe and environmentally sound practices and fair labor practices. 233
• Priority shall be given to investments in entities that promote equality of rights regardless of race, religion, color, ancestry, age, national origin, gender, marital status, sexual orientation, disability or place of birth. Priority shall be given to investments in entities that promote community economic development in addition, the direct investment of City funds is restricted as follows: these are investments made by City staff directly and funds are not part of a pool or other similar investment accounts (e.g., LAIF and investments for bond funds and trust). • No investments are to be made in tobacco or tobacco-related products. • No investments are to be made to support the production of weapons or military systems. • No investments are to be made to support the production or distribution of fossil fuels.
COLLATERALIZATION
California Government Code Section 53652, et seq. requires depositories to post certain types of collateral for public funds above the Federal Deposit Insurance Corporation (FDIC) insurance amounts.
The collateral requirements apply to bank deposits, both active (checking and savings accounts) and inactive (non-negotiable certificates of deposit).
SAFEKEEPING AND CUSTODY
In accordance with California Government Code Section 53601, all securities owned by the City shall be held in safekeeping by the City's custodial bank or a third-party bank trust department, acting as an agent for the city under terms of the custody agreement. All securities will be received and delivered using a delivery vs. payment (DVP) basis, which ensures that securities are deposited with the thirdparty custodian prior to the release of funds. Securities held by the third-party custodian will be evidenced by safekeeping receipts and/or bank statements. Investments in the State Local Agency Investment Fund (LAIF) or money market mutual funds are undeliverable and are not subject to delivery or third-party safekeeping. Investment trades shall be verified against bank transactions and broker confirmation tickets. On a monthly basis, the custodial asset statement shall be reconciled with the month-end portfolio holdings. The City shall consider divesting in custodial banks or third-party banks that do not align with the sustainable and responsible investing requirements of this policy. Such decisions should be made in the best interest to the City.
FAIR VALUE MEASUREMENT AND APPLICATION
Governmental Accounting Standards Board (GASB) passed GASB statement 72 effective fiscal year 2016 which addresses accounting and financial reporting issues related to fair value measurements. The definition of fair value is the price that would be received to sell an asset or paid to transfer a liability in an orderly transaction between market participants at the measurement date. This Statement provides guidance for determining a fair value measurement for financial reporting purposes. This Statement also provides guidance for applying fair value to certain investments and disclosures related to all fair value measurements. Determination can be obtained by the fiscal agent statements in which the City's cash and investments are held.
DIVERSIFICATION AND OTHER GUIDELINES
Credit risk is the risk that a security or a portfolio will lose some or all of its value due to a real or perceived change in the ability of the issuer to repay its debt. Credit risk will be mitigated by limiting investments to the types of securities authorized by this policy, using pre-qualified financial institutions, and diversifying the investment portfolio. The City will diversify its investments by security type, except 234
for securities issued by the U.S. Government and its agencies, and by institution to reduce or eliminate risk of loss. The following guidelines shall apply:
• Maturities shall be matched against projected liabilities to avoid an over-concentration in a specific series of maturities.
• Maturities selected shall provide for stability and liquidity. • Expenditures and revenues will be carefully monitored and forecast to allow as much money to be invested as possible.
• In general, securities will be bought and kept to maturity. • The City's cash should be pooled.
• The Local Agency Investment Fund should be used to provide daily liquidity to the portfolio. The portfolio will be diversified to balance yield with other objectives.
PERFORMANCE STANDARDS
The investment portfolio will be managed in accordance with the standards established within this investment policy and should obtain a market rate of return throughout budgetary and economic cycles, considering the City's investment risk constraints, cash flow needs and maturities of its investments. The basis to determine whether market yields are being achieved shall be the total return of the portfolio.
The U.S. Treasury and U.S. Government agency securities yield curves shall be considered useful benchmarks of the City's portfolio performance.
REPORTING
The City Treasurer shall submit to each member of the City Council a quarterly report. The report shall contain a complete description of the portfolio, including the types of investments, issuers, maturity dates, par values and current market values. The report will also include a certification of the following:
• All investments meet the requirements of the City's investment policy. • Sufficient investment liquidity and anticipated revenues are available to meet the City's budgeted expenditure requirements for the next six months.
ADOPTION
The investment policy shall be adopted annually by resolution of the City Council.
GLOSSARY
The attached Glossary is incorporated as part of the policy. 235
GLOSSARY
The following technical words are included in the policy because they are common treasury and investment terminology:
Agencies: Debt instruments issued by the U.S. government agencies, departments, governmentsponsored corporations and related instrumentalities to finance their own programs. Some examples of these agencies are Federal Farm Credit, Federal Home Loan and Student Loan Marketing Association.
Ask: The price at which securities are offered. The offer price is the cost of the security to the buyer.
Bankers' Acceptance (BA): A draft or bill or exchange accepted by a bank or trust company. The accepting institution guarantees payment of the bill, as well as the issuer.
Basis Point: A basis point equals one one-hundredths of 1% (.01%).
Bid: The price offered by a buyer of securities. This is payment that the seller gets when a security is sold.
Broker: A broker brings a buyer and seller together for a commission.
Callable: Securities subject to payment ofthe principal amount and accrued interest prior to the stated maturity date, with or without premium.
Certificate of Deposit (CD): A time deposit with a specific maturity evidences by a certificate issued by commercial banks and savings institutions. The first $250,000 is insured by the FDIC. For governmental agency, deposits in excess of $250,000 are required to be collateralized by the financial institutions.
Collateral: Securities, evidences of deposit or other property which a borrower pledges to secure repayment of a loan or to secure deposits of public moneys. Also refers to securities pledged by a bank to secure deposits of public monies.
Annual Comprehensive Financial Report (ACFR): The official annual report for the City of Los Banos. It includes basic financial statements for each individual fund and account group prepared in conformity with GAAP. It also includes supporting schedules necessary to demonstrate compliance with financerelated legal and contractual provisions, extensive introductory material, and a detailed Statistical Section.
Commercial Paper: An unsecured promissory note with a fixed maturity no longer than 270 days.
Usually sold in discount form.
Coupon: The annual rate of interest that a bond's issuer promises to pay the bondholder on the bond's face value. A certificate attached to a bond evidencing interest due on a payment date.
CUSIP Number: An identifying number developed by the Committee on Uniform Security Identification Procedures, under the auspices of the American Bankers Association to provide a uniform method of identifying municipal, U.S. government, and corporate securities.
Dealer: A dealer, as opposed to a broker, acts as a principally in all transactions, buying and selling for his own account.
236
Debenture: A bond secured only by the general credit of the issuer.
Delivery versus Payment: There are two methods of delivery of securities: Delivery versus payment and delivery versus receipt. Delivery versus payment is delivery of securities with an exchange of money for the securities. Delivery versus receipt is delivery of securities with an exchange of signed receipt for the securities.
Direct Investment: Investment transactions explicitly managed by the delegated authority for the City.
Discount: The difference between the cost rice of a security and its maturity when quoted at lower than face value. A security selling below original offering price shortly after sale also is considered to be at a discount.
Discount securities: Non-interest-bearing money market instruments that are issued below the face amount and redeemed at maturity at full face value, such as Treasury Bills.
Diversification: Dividing investments of funds among a variety of securities offered independent returns, maturity and market risks.
Duration: A measure of the timing of the cash flows, such as the interest payments and the principal repayment, to be received from a given fixed-income security. This calculation is based on three variables: term to maturity, coupon rate, and yield to maturity. The duration of a security is a useful indicator of its price volatility for given changes in interest rates.
Federal Deposit Insurance Corporation (FDIC): A federal agency that insures bank deposits currently up to $250,000 per deposit.
Federal Home Loan Banks (FHLB): Government sponsored wholesale banks (currently 12 regional banks) which lend funds and provide correspondent banking services to member commercial banks, thrift institutions, credit unions, and insurance companies. The mission of the FHLBs is to liquefy the housing related assets of members who must purchase stock in their district bank.
Federal National Mortgage Association (FNMA): FNMA was chartered under the Federal National Mortgage Association Act in 1938. FNMA is a federal corporation working under the auspices of the Department of Housing & Urban Development, H.U.D. It is the largest single provider of residential mortgage funds in the United States. Fannie Mae, as the corporation is called, is a private stockholderowned corporation. The corporation's purchases include a variety of adjustable mortgages and second loans in additional to fixed-rate mortgages. FNMA's securities are also highly liquid and are widely accepted, FNMA assumes and guarantees that are security holders will receive timely payment of principal and interest.
Federal Home Loan Mortgage Corporation (Freddie Mac): A Government Sponsored Enterprise that provides liquidity to the mortgage markets, much like FNMA and FHLB.
Federal Reserve System: The central bank of the United States created by Congress and consisting of a seven-member Board of Governors in Washington, D.C., 12 regional banks and about 5,700 commercial banks that are members of the system.
237
Liquidity: Liquidity is the ability to change an investment into its cash equivalent on short notice at its prevailing market value. In the money market, a security is said to be liquid if the spread between bid and asked prices is narrow and reasonable size can be done at those quotes.
Local Agency Investment Fund (LAIF}: The aggregate of all funds from political subdivisions that are placed in the custody of the State Treasurer for investment.
Market Value: The price at which a security if trading and could presumably be purchased or sold.
Master Repurchase Agreement: A secured contractual obligation between an investor and an issuing financial institution establishing each party's rights in the transactions. It specifies the right of the buyerlender to liquidate the underlying securities in the event of default by the seller-borrower. The investor exchanges cash for temporary ownership of the collateral securities with an understanding the sellerborrower (financial institution) will repurchase the securities. Interest income earned during the term belongs to the investor.
Maturity: The date upon which the principal or stated value of an investment becomes due and payable.
Money Market: The market in which short-term instruments (bills, commercial paper, bankers' acceptances, etc.) are issued and traded.
Offer: The price asked by a seller of securities. When buying securities, the investor asks for an offer.
Portfolio: Collection of securities held by an investor.
Primary Dealer: A group of government securities dealers who submit daily reports of market activity and positions and monthly financial statements to the Federal Reserve Bank of New York and are subject to its informal oversight. Primary dealers include Securities and Exchange (SEC)-registered securities broker-dealers, banks and a few unregulated firms.
Prudent Person Rule: A standard followed by a person of discretion and intelligence seeking a reasonable income and preservation of capital.
Rate of Return: The yield obtainable on a security based on its purchase price or its current market price. This may be the amortized yield to maturity on a bond or the current income return.
Safekeeping: A service to customers rendered by financial institutions for a fee whereby securities and valuables of all types and descriptions are held in the bank's vault for protection. Other services which are normally provided are marking the portfolio to market value, reporting investments held and investment activities.
Securities & Exchange: Agency created by Congress to protect investors in securities transactions by administering securities legislation.
Treasury Bills: A non-interest-bearing discount security issued by the U.S. Treasury to finance the national debt. Most bills are issued to mature in three months, six months or one year.
Treasury Bond: Long-term coupon-bearing U.S. Treasury securities issued as direct obligations of the U.S. Government and having initial maturities of more than 10 years. 238
Treasury Notes: Intermediate term coupon-bearing U.S. Treasury securities issued as direct obligations of the U.S. Government and having initial maturities of one to ten years.
Variable rate note: Securities which pay interest at rates that can fluctuate during the life of the security.
When issued: A conditional transaction that takes place between the time a new issue is offered and the time of physical delivery of the bonds. It is understood between the buyer and the seller that transactions will occur when and if the bonds are issued.
Yield: The rate of annual income returns on an investment, expressed as a percentage. (a) Income yield is obtained by dividing the current dollar income by the current market price for the security. (b) Net yield or yield to maturity is the current income yield minus a premium above par or plus any discount from par in purchase price, with the adjustment spread over the period from the purchase date to the maturity date.
Yield to Maturity: The rate of return yielded by a debt security held to maturity when both interest payments and the investor's capital gain or loss on the security are considered. 239
THIS PAGE IS INTENTIONALLY LEFT BLANK
240
LOsBanos
At tl1e Cro~s uu,
Agenda Staff Report
TO:
FROM:
Mayor Faria & City Council Members
Brent Kuhn, Interim Finance Director
Stacy Souza Elms, Community and Economic Development Director j~ DATE: September 21, 2022
SUBJECT: Review of the amended annual report of the Los Banos Downtown Property and Business Improvement District (LBDPBID)
TYPE OF REPORT: Item for Agenda
Recommendation:
It is recommended that the City Council review and approve the attached amended annual report of the LBDPBID.
Background:
The City Council requested that the budget activities of the LBDPBID be itemized in the amended annual report. The Interim Finance Director requested changes to the fiscal year of the annual report. The Annual Report was revised and the changes are presented in the -attached report.
Fiscal Impact:
241
Attachments:
The Amended Annual Report of the LBDPBID
242
Los Banos Downtown
Property and Business Improvement
District
2022 - 2023 Annual Repot1
Submitted to the City of Los Banos pursuant to Streets and Highways Code section 36650, for· calendar year 2022 2023.
Fiscal Year 2022 - 23
243
THIS PAGE IS INTENTIONALLY LEFT BLANK
244
Contents
FY 2022 Events and Accomplishments ..................................... 3 Bo un dari es ....... Ii ••••••••••••••••••••••••••••• ., ....................... I! ••••••• 11••··· .............. II ■■ 5 Improvements and Activities .. .., ................................................... 6 Cost ......................................... II ••••••••••• II •••• I! ..................... ••11:,. ..... ill !;:I ... "' •• "' ..... "' ....... ,. 7 FY 2022 - 2023 Projections .......................................................................................................... 7 Assessment ................................................................................. ••11 ■■ 11••········ ... 8 Assessment Methodology .............................................................................................................. 8 Surplus and Other Fundi11g ................................... 1:••··•• -:••··························· 8 Surplus ................................................................................................................................................... 8 Other Funding .................................................................................................................................... 8 Proposed Project Allocations 2022-23 ................................................................................ 9 Appendix: Profit and Loss Statement ...................................... 10 Revised Annual Report 8/31/2022
Prepared by
Civitas
• • • CIVITAS
PAkTH,RSIIIPS PAOC.IIUi • PAOSl>,RIT\'
(800)999-7781
civitasadvisors.com
245
THIS PAGE IS INTENTIONALLY LEFT BLANK
246
FY 2022 Events and Accomplishments
Events
• Mother's Day in the Park - 2-day event with vendors,
beer and wine garden, and Sunday Breakfast
• Wild West Casino Night Dinner with live auction and
over 200 attendees
• Week-long firework booth
• 4th of July Firework Show and Community Celebration with over 7 live bands, carnival rides, and food trucks with almost 9,000 attendees • Farm-to-Table Dinner recognizing agricultural leaders and showcasing local vendors with live and silent auctions
• Bi-Weekly Christmas events including Storytime with Santa, Arts and Crafts, and hot chocolate
• Christmas Window Contest highlighting local businesses • Annual Meeting detailing district updates and Annual Report with over 55 attendees
Los Banos Downtown Property & Business Improvement District 2022-23 Annual Report 3
247
FY 2022 Events and Accomplishments
District Beautification
• Installation and regular upkeep of over 30 planters
• Tree trimming and shaping
• Partnership with City to remove dead trees and plant new trees
Infrastructure Developments
• Downtown Christmas lighting
• Installation of pole banners
• Partnership with City to add Los Banos Archway Sign
Marketing
• Youtube channel, FaceBook page, Twitter account, website, and Information Booth at Street Faire for district and event promotions Los Banos Downtown Property & Business Improvement District 2022-23 Annual Report 4
248
Boundaries
There are no proposed changes to the boundaries. The LBDPBID boundary is illustrated by the map below.
Los Banos PBID
PBID Boundaries ◊· civiTAS
Los Banos Downtown Property & Business Improvement District 2022-23 Annual Report 5
249
Improvements and Activities
The improvements and activities to be provided for FY 2023 are consistent with the Management District Plan and continue to be executed by the district's owners' association, Los Banos Downtown Association ("LBDA"). Proposed improvements and activities for FY 2023 include maintenance and general security, marketing and placemaking, and small infrastructure programs to assessed parcels within its boundaries.
1. Maintenance and General Security
The maintenance and general security programs will be designed to maintain and increase usability of assessed parcels for the benefit of assessed parcels. The maintenance programs will focus on providing a cleaner, more accessible, and more attractive environment for potential tenants and customers. The security programs will aim to increase safety and address issues which discourage property owners, tenants, and customers from visiting the LBDPBID. The maintenance and security program will include, but is not limited to:
• Pressure washing sidewalks;
• Litter removal services, including garbage, debris and leaves, and enhanced solid waste and recycling infrastructure needs throughout the LBDPBID; • Graffiti removal services;
• Landscape improvements and maintenance, including the trimming and planting of trees and flowers;
• Contracting with private security patrols to surveil the LBDPBID and respond to incidents occurring on assessed parcels; and • Coordination with the Los Banos Police Department to support crime prevention throughout the LBDPBID.
2. Marketing and Placemaking
Marketing and placemaking efforts will highlight the LBDPBID as a unique destination in an effort to increase visitor activity and sales that directly benefit the assessed parcels. Marketing may include, but is not limited to: promotions and marketing of the LBDPBID as a destination area, special events to attract visitors, the maintenance of a LBDPBID brand package and website, promotional materials, visitor guides, maps, press releases and newsletters. It is the intent of this program to allow the public to view the LBDPBID as a single destination with a rich collection of attractions, events and services.
3. Small Infrastructure
The small infrastructure portion of the budget will be used to fund tangible items that will better the area of the LBDPBID to help with promoting and improving the look and feel of the LBDPBID. Infrastructure may include, but are not limited to: the addition of pole banners, wayfinding signage, park benches, trash receptacles, bike racks, planters, public art and other similar initiatives.
Los Banos Downtown Property & Business Improvement District 2022-23 Annual Report 6
250
4. Operations
The administration portion of the budget will be utilized for administrative costs associated with providing the services. Those costs may include rent, telephone charges, legal fees, accounting fees, postage, administrative staff, insurance, and other general office expenses.
Cost
FY 2022 a 2023 Projections
The Los Banos Downtown Association Board of Directors has proposed an increase to the budget for FY 2023 in the amount of $3,750.42 for a total overall budget for YY 22/23 in the amount of $153,767.12. The budget is based upon the following projected allocation of Los Banos Downtown PBID revenues. All budget reallocations are consistent with the Management District Plan's authorized reallocation limit of ten percent (10%).
FY 2023 Year Assessment Budget - $153,767.12
Operations,
$38,441.78, 25%.
Small Infrastructure,_
$38,441.78, 25%
Maintenance and
General Security,
$38,441.78 , 25%
Marketing&
Placemaking,
$38,441.78, 25%
Los Banos Downtown Property & Business Improvement District 2022-23 Annual Report 7
251
Assessment
The Los Banos Downtown Association Board of Directors has proposed an increase to the method and basis of levying the assessment. The assessment rate is proposed to increase by 2.5% for all property owners.
Assessment Methodology
A. Base Formula. Assessment rates for the FY 2023 year will not exceed the following:
Standard Parcels: $0.28367 per square foot
Government: $0.210125 per square foot
B. Exemptions. Residential parcels will not receive services or benefits from the District and will not be assessed.
Surplus and Other Funding
Surplus
PBID Annual Budget FY 22-23
Maintenance Marketing Operations & Security
FY 21-22 Vear End $29,988.34 $2,000.00 $7,681.19 Balance (Surplus) FY 22-23 Annual $38,441.78 $38,441.78 $38,441.78 Budget Total Budget (Surplus+ $68,430.12 $40,441.78 $46,122.97 Annual Budget) * Funds may be used in uny budget category
Other Funding for FY 22/23
Small General
Infrastructure Benefit
$10,059.68
$38,441.78 $12,849.23
$48,501.46 $12,849.23*
An estimated $12,849.23 is expected to be made from contributions from sources other than assessments.
Los Banos Downtown Property & Business Improvement District 2022-23 Annual Report 8
252
Proposed Project Allocations 2022-23
Per Budget Category
Maintenance & Security - total budget for 2022-2023 $68,430.12 P d P ropose ro1ec . tAll oca C 1011s
Transfer10% into Operations CategOr\' $6,843.01
Landscape and Maintenance Contract $16,000.00
Trash Receptacles on I Street $20,000.00
Private Security $25,500.00
Proposed Project Total $68,343.01
Marketing - total budget for 2022-2023 $40,441.78
Proposed Project Allocations
Advertising/Social Media/Website $20,000.00
Events $20,000.00
Proposed Project Total $40,000.00*
*Proposed surplus to roll forward to next year
Operations - total budget for 2022-2023 $52,966.14 (with a 10% Allocation from Maintenance & Security)1
p ropose dP ro1ect All ocatwns
Salaries $26,436.75
Payroll Taxes $3,600.00
Rent $6,000.00
Fixed Operating Costs $5,354.00
[phone/internet/ postage/ etc)
Consult"ing/Legal Fees $11,500.00
Proposed Project Total $52, 890.75*
~Proposed surplus to roll forward to next year
Small Infrastructure - total budget for 2022-2023 $48,501.46 P d P ropose ro1ec . tAll · oca t" wns
Wavfinding Signs $5,000.00
Gateway Sign Enhancements $10,000.00
Park Benches $6,000.00
Trash Cans $10,000.00
Seasonal Banners $9,800.00
Proposed Project Total $4-0,800.00*
'Proposed surplus to roll fonvard to next year
1 Operations budget $46,123.12 plus 10% allocation from Maintenance & Security $6,843.02, equals total 2022-23 budget of$52,966.14.
Los Banos Downtown Property & Business Improvement District 2022-23 Annual Report 9
253
APPENDIX: Profit and Loss Statement
PBID
Profit & Loss Budget Perfonnance
July 2021 through June 2022
Surplus(Dallclt)
NototNon-Assn,t
Jul '21 -Jun 22 Annua!Bud;at Surp!us(Dellcll) Fund9
lm:ome
Assassment• 153,500.81) 1so.01u.n 3,484.18 3.4&4.18
Non-As11ument Income 13,900.00 12,535.82 1,364.18
Approved lludgof CllaffllO IM/U
Total Income 167,400.90 16Z5s:.!.54 4,848.36 3 ... 84.18 Expense
Mafntenance & Secwlty
Fixed Maintenance
Landscaping 23,170.00
Total Fixed MalnlenOIICO 23,170.00
Mlln1tnanca & Becurlty-011,., 11,850.110 37,504.18
Total Malntona- & Security 35,020.110 37,504.18 2,484.18 2,484.18 1/larklllng
E,,ente 38,477.26
1/lartlllng/LBDTA 2,000,DD
M~otlng • Other 16,842.50 37,504-18 (19,815.68) (19,815.58) Non-Asaonmant~- 13,900.00
App,oved Budflel Chanr,e l/2S/Z2
TolalllBlkellng 57,319.16 37,504.18 (19,815.58) (5,915.SII) Operlllng Expensn
Ccunpanoatlon & Related Colla 0.00
Fat:IIUIN COSts 0.00
Fb<ed Operating E•-
BankC~ 354.55
RentEKpene S.000.00
Total Flxad Operating Expenou 5,354.55
hrsuranca 3,592.41
I.Algal & Prafeulonal 18,178.42
IIHTs D.DD
OfllcoSupplla 3,889;12
OparatJOMILBDTA 400.00
Outsldo Se!vlcn 1,500.00
. ..._ 100.1)1)
Prtntlng 0.00
Tolophono & lntornat 181.16
Oparatlng Exponsu • Oilier 0.00 37,504.18 4,208.23 4,208.23 Appnwv<IBurtgaChangell&/22
Total Ope,atlng Exponaes 33,295.95 37,504.18 4,2118.23 4,208.23 &mall Infrastructure 88,375.00 37,504.18 -22,870.82 122.870.82) Total Expenat 188,010.71 1&0,01&.n -35,993.lj9 (22,093.99) Net Income ·18,609.B1 12,535.82 -:11.145.133 •1l.&09.81 Far Mana;omont Usa Only
Los Banos Downtown Property & Business Improvement District 2022-23 Annual Report
Cumlllallvo
Surplus(Duflcll)
NII otNon.Aumt
Furnia
14,438.77
(UA3B,77)
0.00 29,988.34
(19,815.58)
13,800.DD
7,915.58
2,000.00
1,158.15
6,523.19
7,681.34
10.Q59,118
4ll,ffl.36
•t.ni.36
10 254
TO:
FROM:
DATE:
LOs Banos
Agenda Staff Report
Mayor & City Council Members
Gary Brizzee, Chief of Police js~1.:z:~✓
September 21, 2022
SUBJECT: Council Member Request - Continued Discussion Regarding the Operation/Closure/location of the Rail-Trail Encampment (Councilmember Jones).
TYPE OF REPORT: Agenda Item
Recommendation:
Staff requests direction on:
1. The operation/closure/relocation of the Rail-Trail Encampment.
Background:
At the January 5, 2022 City Council meeting City Council approved a budget amendment for $20,000 for the construction of an enclosure designed to reduce the impact of homelessness in our community. In partnership with community, faith-based and government agencies, that space; commonly referred to as the "Rail-Trail Encampment" located east of Place Road and South of Pacheco Boulevard, was completed and individuals were able to utilize it in early March 2022.
At the August 17, 2022 City Council meeting City Council discussed the status of the RailTrail Encampment. Council requested staff review alternative City-owned vacant properties as potential alternate locations for the camp, and report back their findings.