Agenda packet — Los Banos City Council, December 7, 2022

LOs Banos
At the Crossroads of California
www.losbanos.org
AGENDA

CITY COUNCIL MEETING

CITY HALL COUNCIL CHAMBERS
520 J Street
Los Banos, California
DECEMBER 7, 2022-6:00 PM
~[v~ strtJam on '(oufub~ at.l
.---········································· httRs://www. youtube.com/@losbanos406 ................................................................... 1 If you require special assistance to attend or participate in this meeting, please call the City Clerk's Office @ (209) 827-7000 at least 48 hours prior to the meeting.

The City of Los Banos complies with the Americans with Disabilities Act (ADA) of 1990. * * * * * * * ** * * * * * * *
Si requiere asistencia especial 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 la junta.

La Cuidad de Los Banos cumple con la Acta de Americanos con Deshabi/idad (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.org.
* * * * * * * ** * * * * * * *
Cualquier escritura o los documentos proporcionaron a una mayoria de/ Ayuntamiento respecto a cualquier articulo en este orden de/ dia sera hecho disponible para la inspecci6n publica en la reunion y en la oficina de la Secretaria de la ciudad en City Hall, 520 J Street, Los Banos,
California durante horas de oficina normales. Ademas, tales escrituras y los documentos pueden ser anunciados en el website de la ciudad en www.losbanos.org. ---································································· .......................................................................................... ___ ................................................................ .

HOLIDAY OPEN HOUSE
* * * *

1. CALL TO ORDER - December 7, 2022

2. PLEDGE OF ALLEGIANCE.

Los Banos City Council Agenda - December 7, 2022
* * * *
4:30 PM!
*
6:00 PM

Page 1 of 6 ends

1 2

3. ROLL CALL: (City Council Members)
__ Kenneth Lambert- District 1 / Mayor Pro Tern
__ Refugio Llamas - District 2
Brett Jones - District 3
Deborah Lewis - District 4

4. CONSIDERATION OF APPROVAL OF AGENDA.

Recommendation: Adopt the agenda as submitted.

5. CONSIDERATION OF CERTIFICATION OF VOTES OF MUNICIPAL ELECTION, NOVEMBER 8, 2022.

A. City Council Resolution No. 6589 - Certifying Results of the Merced County General Election Held in the City of Los Banos on November 8, 2022 as it Pertains to the Election of the Mayor, City Council Members for Districts 2 & 3, and City Clerk.

Recommendation: Adopt the resolution as submitted.

6. ADMINISTRATION OF OATHS OF OFFICE TO ELECTED OFFICIALS.

A. Mayor Paul Llanez, Council Member Douglas Scott Begonia, Jr. - District 2 and Council Member Brett Jones - District 3

7. ROLL CALL: (City Council Members)
Kenneth Lambert - District 1
__ Douglas Begonia, Jr. - District 2
Brett Jones - District 3
Deborah Lewis - District 4
__ Paul Llanez - Mayor

8. PRESENTATIONS.

A. City Council Resolution No. 6590 - A Resolution of Commendation to Refugio Llamas.

Recommendation: Adopt the resolution as submitted.

B. City Council Resolution No. 6591 - A Resolution of Commendation to Kimberly Ann Tomas.

Recommendation: Adopt the resolution as submitted.

Los Banos City Council Agenda - December 7, 2022 Page 2of6 2 3

9. CERTIFICATES OF RECOGNITION.

A. Justin Ragunton - Planning Technician, City of Los Banos Employee of the Month for November 2022.

B. Alyssha Mcclendon - In Recognition of Her Selflessness and Acts of Kindness She Spreads Around Our Community.

10. REORGANIZATION OF CITY COUNCIL-SELECTION OF MAYOR PRO TEM.

Recommendation: Selection made by the consensus of the City Council.

11. 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.)

12. 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 #235935 - #23637 4 in the Amount of $716,578.82.

Recommendation: Approve the check register as submitted.

B. Minutes for the October 19, 2022 City Council Meeting.

Recommendation: Approve the minutes as submitted.

C. Minutes for the November 2, 2022 City Council Meeting.

Recommendation: Approve the minutes as submitted.

D. Minutes for the November 16, 2022 City Council Meeting.

Recommendation: Approve the minutes as submitted.

E. Measure P Oversight Committee Report.

Recommendation: Accept the report as submitted.

F. City Council Resolution No. 6592 - 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. 6593 - Approving Acceptance of a UC Davis Spay Neuter Grant in the Amount of $50,000 and Amending the 2022/2023 Fiscal Year Budget by Increasing the Appropriation Amount for Expenditures and Revenues in the Amount of $50,000.

Recommendation: Adopt the resolution as submitted.

Los Banos City Council Agenda - December 7, 2022 Page 3of6 3 4
H. City Council Resolution No. 6594 - Authorizing Award of Contract to AMS Consulting in the Amount of $47,560 with a 10% Contingency in the Amount of $4,756 for the Pavement Survey and Pavement Management System Implementation and Adopting a Revised Budget for the Fiscal Year 2022/2023 as it Pertains to the Streets Fund.

Recommendation: Adopt the resolution as submitted.

I. City Council Resolution No. 6595 - Adopting a Revised Budget for the 2022/2023 Fiscal Year as it Pertains to Increasing Expenditures in the Fire Department Uniforms Account in the Amount of $6,635.

Recommendation: Adopt the resolution as submitted.

J. City Council Resolution No. 6596 - Adopting a Revised Budget for the 2022/2023 Fiscal Year as it Pertains to Increasing Expenditures in the Fire Department Recruitment Account in the Amount of $4,650.

Recommendation: Adopt the resolution as submitted.

13. COUNCIL MEMBER REQUEST REGARDING THE HOMELESS ENCAMPMENT (Council Member Lewis). (Continued from the November 2, 2022 Meeting) Recommendation: Discussion and direction from the City Council on how to proceed.

14. AMERICAN RESCUE PLAN ACT (ARPA) PROPOSED CHANGES TO

SPENDING PLAN AS IT RELATES TO THE RAD CARD PROGRAM, SMALL BUSINESSES, AND NON-PROFIT ASSISTANCE PROGRAM.

A. City Council Resolution No. 6597 - Authorizing a Change to ARPA Spending Plan.

Recommendation: Receive staff report and adopt the resolution as submitted.

15. ADOPTION OF A RESOLUTION APPROVING THE LOW IMPACT
DEVELOPMENT STANDARDS PLAN.

A. City Council Resolution No. 6598 - Adopting the Post Construction Stormwater Low Impact Development Standards Plan.

Recommendation: Receive staff report and adopt the resolution as submitted.

16. CONSIDERATION OF FILLING CITY TREASURER VACANCY BY
APPOINTMENT OR CALL FOR SPECIAL ELECTION.

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

17. APPOINTMENT OF COUNCIL MEMBERS TO SERVE ON THE SELECTION COMMITTEES FOR THE FOLLOWING COMMISSIONS/COMMITTEES:

A. Airport Advisory Commission - Four ( 4) Vacancies
Three (3) Two (2) Year Terms - Expiring December 31, 2024 One (1) Unexpired Term - Expiring December 31, 2023
Los Banos City Council Agenda - December 7, 2022 Page 4 of6 4 5
B. Measure H Citizens' Oversight Committee - Three (3) Vacancies Three (3) Two (2) year Terms - Expiring December 31, 2024 C. Measure P Committee - Three (3) Vacancies
Three (3) Three (3) Year Terms - Expiring December 31, 2025 D. Parks & Recreation Commission - Three (3) Vacancies
Three (3) Two (2) year Terms - Expiring December 31, 2024 E. Planning Commission - Three (3) Vacancies
One (1) Vacancy in District 2 - Expiring December 31, 2026 One (1) Vacancy in District 3 - Expiring December 31, 2026 One (1) At-Large Vacancy- Expiring December 31, 2024
F. Tree Commission -Two (2) Vacancies
Two (2) Two (2) Year Terms - Expiring December 31, 2024 Recommendation: Appoint Council Member(s) to serve with the Mayor on the Selection Committee(s) for each.

18. CONSIDERATION OF THE CANCELLATION OF THE REGULAR CITY COUNCIL MEETING SCHEDULED FOR WEDNESDAY, DECEMBER 21, 2022 DUE TO THE HOLIDAY SEASON.

Recommendation: Discussion and direction from the City Council on how to proceed.

19. ADVISEMENT OF PUBLIC NOTICES. {Three Reports)
Recommendation: Informational item only, no action to be taken.

20. CITY MANAGER REPORT.

Recommendation: Informational item only, no action to be taken. 21 . REPORT/UPDATE ON MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG), PENINSULA CLEAN ENERGY (PCE), SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT (SJVAPCD), AND MEASURE V COMMITTEE.

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

22. CITY COUNCIL MEMBER REPORTS.

A Kenneth Lambert - District 1
B. Douglas Begonia, Jr. - District 2
C. Brett Jones - District 3
D. Deborah Lewis - District 4
E. Paul Llanez - Mayor
Los Banos City Council Agenda - December 7, 2022 Page 5of6 5 6

23. CLOSED SESSION.

A. Conference with Legal Counsel - Anticipated Litigation, Significant Exposure to Litigation Pursuant to§ 54956.9(b): One Potential Case.

B. Public Employment, Title: Interim City Manager, Pursuant to Government Code Section 54957.

C. Public Employment - City Manager (Recruitment), Pursuant to Government Code Section 54957.

24. ADJOURNMENT.

I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. ~ ~-/.~
Lucille L. Mallonee, City Clerk Dated this 2nd day of December 2022 Los Banos City Council Agenda - December 7, 2022 Page 6of6 6 77

THIS PAGE IS INTENTIONALLY LEFT BLANK
88 9
TO:

FROM:

DATE:

LOsBanos
At t11e Crossroads of Caltf on1ia
Agenda Staff Report
Mayor Pro Tern & City Council Members
Lucy Mallonee, MMC~
City Clerk/Human Resources Director
December 7, 2022
SUBJECT: Certifying the Canvassing of Votes in the November 8, 2022 General Municipal Election Regarding the Election of the Mayor, City Council Members for Districts 2 & 3, and City Clerk
TYPE OF REPORT: Agenda Item
Recommendation:

Adopt the resolution as submitted.

Discussion:

Attached please find a resolution for your review and consideration certifying the canvassing of votes in the General Municipal Election held in the City of Los Banos on November 8, 2022 pertaining to the election of the offices of Mayor, City Council Member for Districts 2 and 3, and City Clerk.

Attach ent:

Resolution
Merced County Statement of Vote
9 THIS PAGE IS INTENTIONALLY LEFT BLANK
1010
11 RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS CERTIFYING RESULTS OF

THE MERCED COUNTY GENERAL ELECTION

HELD IN THE CITY OF LOS BANOS ON
NOVEMBER 8, 2022 AS IT PERTAINS TO THE

ELECTION OF THE MAYOR, CITY COUNCIL
MEMBERS FOR DISTRICTS 2 AND 3, AND CITY
CLERK
WHEREAS, a General Municipal Election was held and conducted in the City of Los Banos, California, on Tuesday, November 8, 2022 as required by law; and WHEREAS, . said results of canvass of said General Municipal Election were presented to the City Council of the City of Los Banos pertaining to the election of the offices of Mayor, City Council Members for District 2 and 3, and City Clerk, as attached in Exhibit A; and
WHEREAS, the Notice of Election was given in time, form and manner as provided by law; that candidates were nominated to fill the vacancies as provided by law; that voting precincts were properly established, and that election officers were appointed and that in .all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the laws of the State of California relating to general law cities.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby certify said results of said General Municipal Election held in the City of Los Banos on Tuesday, November 8, 2022 pertaining to the election of the offices of Mayor, City Council Members for District 2 and 2 as attached in Exhibit A; and BE IT FURTHER RESOLVED that the City Council does declare and determine that:

Paul Llanez was elected as Mayor for the full term of two (2) years; Doug Begonia, Jr. was elected as Council Member for District 2 for the full term of four (4) years.

Brett Jones was elected as Council Member for District 3 for the full term of four (4) years; and
Lucille L. Mallonee was elected as City Clerk for the full term of four (4) years. 11 The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 7th day of December 2022, by Council Member_ who moved its adoption, which motion was duly seconded by Council Member_, and the Resolution adopted by the following vote:

A YES: Council Members
NOES:

ABSENT:

APPROVED:

Kenneth Lambert, Mayor Pro Tern
ATTEST:

Lucille L. Mallonee, City Clerk
1212

STATEMENT OF VOTE

GENERAL ELECTION
NOVEMBER 8, 2022
DARLENE E. INGERSOLL

REGISTRAR OF VOTERS
1313

THIS PAGE IS INTENTIONALLY LEFT BLANK
1414

CERTIFICATION OF

REGISTRAR OF VOTERS OF THE

RESULTS OF THE CANVASS
OF THE NOVEMBER 8, 2022, GENERAL ELECTION
STATE OF CALIFORNIA }
COUNTY OF MERCED ss.

I, Darlene E. Ingersoll, Registrar of Voters of County of Merced, do hereby certify that, in pursuance to the provisions of Elections Code Section 15300, et seq., I did canvass the results of the votes cast in the General Election held in said County on November 8, 2022, for measures and contests that were submitted to the vote of the voters, and that the Statement of Votes Cast, to which this certificate is attached is full, true and correct.

I hereby set my hand and official seal this 22nd day of November, 2022 at the County of Merced.

Registrar of Voters
County of Merced
State of California
1515
HELP AMERICA VOTE ACT OF 2002

CERTIFICATION OF ELECTIONS OFFICIAL
STATE OF CALIFORNIA }
COUNTY OF MERCED ss.

Pursuant to the statewide voter registration list requirements set forth in the Help America Vote Act of 2002 (HAVA) 52 U.S.C § 21083),
I, Darlene E. Ingersoll, Registrar of Voters for the County of Merced, State of California, hereby certify that I complied with all provisions of Chapter 2 of Division 7 of Title 2 of the California Code of Regulations for the Federal election held on the 8th day of November 2022, in the· County of Merced, State of California, and all elections consolidated therewith.

I hereby set my hand and official seal this 22nd day of November, 2022 at the County of Merced.

County of Merced
State of California
1616
• I
Merced County
General Election
November 8, 2022
City o Livingston Councilmember
Vote For
JASON ROTH ,. . .. ""'

RUBEN PRUSSO
Write-In Totals
Pre~inct~ Reporting
City of Los Banos Mayor t
Vote For 1
614
1,145
428
265
1,380
14 14
3,846
22 TOTAL
~~lliNU ~~
Write-In Totals 742
Write-In: Invalid Write-In 73
Write-In: Jim Davis 27
Not Assfgn~d 642
Total Votes Cast 6,676
Overvotes O
Undervotes 1,336
Contest Totals 8,012
Precincts R~porting 28 of 28
City of Los Banos Councilmember, District 2
Vote For 1
TOTAL
DOUGLAS SCOTT BEGONIA JR 1,056
REFUGIO LLAMAS 712
Write-In Totals 22
Not Assigned 22
Total Votes Cast 1,790
Overvotes
Undervotes 189
Contest Totals 1,980
Precincts ~~porting 11 of 11
Election Summary - 11/22/2022 3:00 PM
Report generated with Electionware Copyright© 2007-2019 Summary Results Report
Official Certified Results
Final Election Update
15 of 21
1717
• • I •
MBrced County
General Election
November 8, 2022
City of Los Banos Councilmember, District 3
Vote For 1
TOTAL
BRETT JONES 1,744
Write-In Totals 94
Not Assigned 94
Total Votes Cast 1,838
Overvotes 0
Undervotes 480
Contest Totals 2,318
. Precincts.Reporting 5 of 5
City of Los Banos City Clerk Mi
Vote For 1
TOTAL
LUCILLE MALLONEE 6!069
Write-In Totals 333
Not. Assig,ned 333
Total Votes Cast 6,402
Overvotes 0
Undervotes 1,610
Contest Totals 8,012
P~ecincts Reporting, 28 of 28
City of Los Banos City Treasurer
Vote For 1
Write-In Totals
N.ot Assigned
Total Votes Cast
Overvotes
Undervotes
Contest Totals
Precincts Reporting
Write-In Totals
Not Assigne.d
Total Votes Cast
Overvotes
Undervotes
TOTAL
936
936
936
0 7,076
8,012
28 of 28
7 7
1,133
0 91
Election Summary - 11/22/2022 3:00 PM
Report generated with Electionware Copyright© 2007-2019 Summary Results Report
Official Certified Results
Final Election Update
16 of 21
1818
LOsBanos
At. tile Crossroads of California
RESOLUTION NO.

A RESOLUTION OF COMMENDATION TO

REFUGIO LLAMAS
WHEREAS, REFUGIO LLAMAS was appointed as Council Member- District 2 of the City of Los Banos on January 20, 2021; and
WHEREAS, REFUGIO LLAMAS has faithfully served the City of Los Banos for the last two years as a Council Member; and
WHEREAS, by his devotion to his duties REFUGIO LLAMAS has greatly contributed to the governmental process of the City of Los Banos.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Los Banos that they hereby express their sincere gratitude and appreciation to REFUGIO LLAMAS for his service to the City of Los Banos in his capacity of Council Member.

BE IT FURTHER RESOLVED that an embossed copy of this resolution be presented to REFUGIO LLAMAS.

The foregoing Resolution was adopted at a regular meeting of the City Council of the City of Los Banos held on the 7th day of December 2022 by the following affirmative vote:

APPROVED:

Paul Llanez, Mayor
Kenneth Lambert, Council Member - District 1
Douglas Begonia, Jr., Council Member- District 2
1919
Brett Jones, Council Member - District 3
Deborah Lewis, Council Member ~ District 4
ATTEST:

Lucille L. Mallonee, City Clerk
Gregory Wellman, Interim City Manager
2020
LOsBanos
RESOLUTION NO.

A RESOLUTION OF COMMENDATION TO

KIMBERLY ANN TOMAS
WHEREAS, KIMBERLY ANN TOMAS was appointed as Deputy City Treasurer of the City of Los Banos on October 22, 2009; and
WHEREAS, KIMBERLY ANN TOMAS was appointed as City Treasurer of the City of Los Banos on April 5, 2017; and
WHEREAS, KIMBERLY ANN TOMAS was elected as City Treasurer of the City of Los Banos on November 6, 2018; and
WHEREAS, KIMBERLY ANN TOMAS has faithfully served the City of Los Banos for the last 13 years as City Treasurer; and
WHEREAS, by her devotion to her duties KIMBERLY ANN TOMAS has greatly contributed to the governmental process of the City of Los Banos.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Los Banos that they hereby express their sincere gratitude and appreciation to KIMBERLY ANN TOMAS for her service to the City of Los Banos in her capacity of City Treasurer.

BE IT FURTHER RESOLVED that an embossed copy of this resolution be presented to KIMBERLY ANN TOMAS.

The foregoing Resolution was adopted at a regular meeting of the City Council of the City of Los Banos held on the 7th day of December 2022 by the following affirmative vote:

APPROVED:

Paul Llanez, Mayor
Kenneth Lambert, Council Member - District 1
2121
Douglas Begonia, Jr., Council Member - District 2
Brett Jones, Council Member - District 3
Deborah Lewis, Council Member - District 4
ATTEST:

Lucille L. Mallonee, City Clerk
Gregory Wellman, Interim City Manager
2222
CERTIFICATE OF RECOGNITI0.1\T
<Presented cto

JUSTIN RAGUNTON
' Planning Technician - Community & Economic
Development Department
In recognition of your outstanding peiformance
and dedicated service to tlie City of Los (}3anos and
for 6eing named "P,mpfoyee of tlie :Montli "for :Novem6er 2022.

Pau[ £Canez, :Mayor
(J)atea: <Decem6er 7, 2022
LOsBanos
At lhe Crossroads of California
2323
CERTIFICATE OF RECOGNI110l\T
<Presented <To
ALYSS.HA M-cCLENDON
In recognition of your se(ffessness and
act~ of Rjndness you spread around our community.
<Your ejfotts are appreciated ana do not go . unnoticecf. (J'au[ £Canez, :M.ayor
(J)atea: <Decem6er 7, 2022
y ·Cityof B LOS -· .anos
At the 6ossroaas of California ;
2424
CK# 235935- # 236374 12/07/2022 $716,578.82
Checks by Date
User:

Printed:
jgwright
12/01/2022 - 9:45AM LOsBanos
Cleared and Not Cleared Checks
Print Void Checks
Check Check Date Name
235943 11/10/2022 Alhambra
235944 11/10/2022 Kasey Alim
235945 11/10/2022 Aramark Uniform Ser Inc
235946 11/10/2022 AramarkUniform & Career Apparel Group, Inc. 235947 11/10/2022 AT&T
235948 11/10/2022 AT&T
235949 11/10/2022 Always Rescue Plumbing, Inc
235950 11/10/2022 Battery Systems, Inc.
235951 11/10/2022 Barton Overhead Door Inc
235952 11/10/2022 Bruce's Tire Inc
235953 11/10/2022 BSK Associates
235954 11/10/2022 Burton's Fire Inc.
235955 11/10/2022 Ca Dept of Justice
235956 11/10/2022 CENCAL Machine & Fabrication Inc.
235957 11/10/2022 Central Valley Cardiovascular Group Inc. 235958 11/10/2022 Manuel A Avila
235959 11/10/2022 Central Sanitary Supply
235960 11/10/2022 Central Valley Concrete Inc.
235961 11/10/2022 Copwarelnc
235962 11/10/2022 Copy Shipping Solutions
235963 11/10/2022 CSG Consultants Inc.
235964 11/10/2022 CSMFO
235965 11/10/2022 Double D Towing, LLC
235966 11/10/2022 Downstream Aviation LP
235967 11/10/2022 Fastenal Company
235968 11/10/2022 Federal Express Corporation
235969 11/10/2022 Gator Guard Environ Products Inc.
235970 11/10/2022 Government Revenue Solutions Holdings I, LLC 235971 11/10/2022 Gouveia Engineering Inc.
235972 11/10/2022 Hawk Analytics
235973 11/10/2022 Henley Pacific, LLC
235974 11/10/2022 Holt of California
235975 11/10/2022 InfoSend Inc.
235976 11/10/2022 Kalmikov Enterprises, Inc
235977 11/10/2022 Laboratory Corporation of America Holdings 235978 11/10/2022 Lucas Business Systems
235979 11/10/2022 Marfab Inc
235980 11/10/2022 Merced Chevrolet Inc.

Module
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
235981 11/10/2022 Merced County Regional Waste Management Authorit: AP 235982 11/10/2022 Merced Truck & Trailer Inc AP
235983 11/10/2022 Municipal Maintenance Equipment, Inc. AP 235984 11/10/2022 NDN International LLC AP
235985 11/10/2022 Nwestco LLC AP
235986 11/10/2022 OSE AP
Void Amount

60.45 109.99
1,248.71
425.28
355.43
122.34
907.70
354.17
195.00
13,034.46
430.00
8,897.79
1,313.00
7,503.53
200.00
422.88
211.73
1,131.00
965.00

49.05 1,230.00
125.00
455.00
1,425.00
323.59

54.25 1,699.00
750.00
41,189.00
2,995.00
377.56
140.95
8,295.96
301.13
414.00
2,412.78
749.44
210.55
3,836.35
227.84
2,625.00
868.10
942.45

35.64 2525
235987 11/10/2022 O'Reilly Auto Parts AP 2,274.48
235988 11/10/2022 Provost and Pritchard Engineering, Inc. AP 3,374.50 235989 11/10/2022 Protech Security & Electronics, Inc. AP 2,175.22 235990 11/10/2022 Jeremy Rahn AP 2,572.16
235991 11/10/2022 SNAPCD AP 1,301.92
235992 11/10/2022 Safe T Lite of Modesto, Inc. AP 2,325.41 235993 11/10/2022 Save Mart Supermarkets AP 86.61
235994 11/10/2022 Smith & Loveless Inc AP 1,344.72
235995 11/10/2022 Sorensens True Value AP 553
.70
235996 11/10/2022 Stammel, Inc. AP 18,727
.79
235997 11/10/2022 Superior Pool Products, LLC AP 5,798.31 235998 11/10/2022 Talley Oil Inc. AP 426.69
235999 11/10/2022 Terryberry Company LLC AP 777.34
236000 11/10/2022 Thirkettle Corporation AP 4,379.81
236001 11/10/2022 Triangle Rock Products AP 1,582.31
236002 11/10/2022 United Site Services, Inc. AP 133.25
236003 11/10/2022 Tseng Kung AP 108.42
236004 I 1/10/2022 Jorge Gonzalez AP 140.63
236005 11/10/2022 Karl Andres AP

5.14 236006 11/10/2022 Edgar Uribe AP 54.20
236007 11/10/2022 Yueh Hung AP 108.15
236008 11/10/2022 Justin Driskill AP 56.07
236009 11/10/2022 Sunshine Investments AP 101.87
236010 11/10/2022 Gary & Mary Pat Cook AP 132
.63
236011 11/10/2022 Jesus and Maria Barahona AP 1.87
236012 11/10/2022 Isabel Liera AP 130.14
236013 11/10/2022 Norberto Garcia AP 101.87
236014 11/10/2022 Verizon Wireless AP 1,449.07
236015 11/10/2022 Westside Water Conditioning AP 17.40
236016 11/10/2022 Windecker Inc AP 25,954.75
236017 11/10/2022 Young's Air Conditioning AP 1,004
.50
236018 11/10/2022 Sara Blevins AP 34.79
236019 11/10/2022 Sara Blevins AP 109
.99
236020 Jl/10/2022 Justin Chuvichien AP 130.00
236021 11/10/2022 City of Los Banos Escrow Account AP 1,239.00 236022 11/10/2022 Jelene de Melo AP 100.00
236023 11/10/2022 Jennifer Hogan AP 80.00
236024 11/10/2022 Los Banos Chamber Of Commerce AP 10.00 236025 11/10/2022 Lucille L Mallonee AP 104.38
236026 11/10/2022 Guadalupe Moreno AP 215.00
236027 11/10/2022 Rancho Los Banos Mobile Home Parle AP 2,700.00 236028 11/10/2022 Secretary of State AP 40.00
236029 11/10/2022 Law Offices of William A Vaughn AP 11,588.50 236039 I 1/16/2022 Los Banos Chamber Of Commerce AP 15,000.00 236040 11/18/2022 Gregory Almeida AP 44.04
236041 11/18/2022 Anthony Gomes AP 457.97
236042 11/18/2022 Apex Annex Health Center, Inc. AP 673.00 236043 11/18/2022 Aramark Uniform Ser Inc AP 129.60
236044 11/18/2022 AramarkUniform & Career Apparel Group, Inc. AP 283.52 236045 11/18/2022 AT&T Mobility AP 446
.53
236046 11/18/2022 AT&T AP 740.86
236047 11/18/2022 AT&T AP 90.95
236048 11/18/2022 Richard A Blak Phd AP 450
.00
236049 11/18/2022 Boot Barn AP 465.42
2626
236050 11/18/2022 Bruce's Tire Inc AP 546.15
236051 11/18/2022 BSK Associates AP 962.00
236052 11/18/2022 California Municipal Statistics, Inc. AP 550.00 236053 11/18/2022 Central Valley Concrete Inc. AP 436.04 236054 11/18/2022 Coffee Break Service Inc. AP 230.18
236055 11/18/2022 Comcast AP 118.16
236056 11/18/2022 Copy Shipping Solutions AP 60.30
236057 11/18/2022 CSG Consultants Inc. AP 50,385.38
236058 I 1/18/2022 LN Curtis & Sons AP 23,728.16
236059 11/18/2022 Delta Wireless, Inc. AP 435.00
236060 11/18/2022 Federal Express Corporation AP 98.67
236061 11/18/2022 Bernice Fonseca AP 350.00
236062 11/18/2022 Galvin Preservation Associates, Inc. AP 69,512.35 236063 11/18/2022 Goodwin Consulting Group AP 7,345.00
236064 11/18/2022 Halcyon Creek Inc. AP 12,276.00
236065 11/18/2022 Henley Pacific, LLC AP 132.67
236066 11/18/2022 Home Depot AP 5,532.39
236067 11/18/2022 Mayra Hurtado AP 600.00
236068 11/18/2022 TimJLaw AP 800.00
236069 11/18/2022 Mark Thomas & company. Inc. AP 47,572.54 236070 11/18/2022 Marfab Inc AP 59.79
236071 11/18/2022 Oscar Daniel Figueroa Martinez AP 1,850.00 236072 I 1/18/2022 Max's Auto & Truck Repair AP 725.00
236073 11/18/2022 Merced Chevrolet Inc. AP 79.62
236074 11/18/2022 Monument Row, Inc. AP 13,606.00
236075 11/18/2022 Alejandra Medina AP 75.00
236076 11/18/2022 Napa Auto Parts of Los Banos AP 67.01 236077 11/18/2022 The Office City AP 160.34
236078 11/18/2022 OSE AP 532.79
236079 11/18/2022 David Oliveira AP 995.50
236080 11/18/2022 O'Reilly Auto Parts AP 1,263.91
236081 11/18/2022 PG&E Company AP 5.81
236082 11/18/2022 PAPE Machinery Inc. AP 4,623.04
236083 11/18/2022 Pinnacle Medical Group, Inc. AP 115.00 236084 11/18/2022 Ralph Anderson & Associates AP 12,500.00 236085 11/18/2022 Razzari Dodge Chrysler Jeep AP 1,968.81 236086 11/18/2022 Safe T Lite of Modesto, Inc. AP 4,862.43 236087 11/18/2022 Save Mart Supermarkets AP 303.01
236088 11/18/2022 Shred-It USN LLC AP 1,537.84
236089 Jl/18/2022 Springbrook Software, Inc. Springbrook Holding Com1 AP 2,415.00 236090 11/18/2022 Sorensens True Value AP 9.78
236091 11/18/2022 Terryberry Company LLC AP 129.06
236092 11/18/2022 The Heil CO AP 220.00
236093 11/18/2022 Tractor Supply Credit Plan AP 139.18
236094 11/18/2022 Cindee Silva AP 101.00
236095 11/18/2022 Borelli Real Estate AP 40.00
236096 11/18/2022 Los Banos Property Management Services AP 98.13 236097 11/18/2022 RBG Construction AP 77.44
236098 11/18/2022 RBG Construction AP 77.44
236099 11/18/2022 RBG Construction AP 87.51
236100 11/18/2022 RBG Construction AP 77.44
236101 11/18/2022 RBG Construction AP 86.60
236102 l l/18/2022 RBG Construction AP 23.72
236103 11/18/2022 Jaqueline Raya Lara AP 98.13
2727
236104 11/18/2022 Meritage Homes AP 23.72
236105 11/18/2022 Meritage Homes AP 23.72
236106 11/18/2022 Meritage Homes AP 23.72
236107 11/18/2022 Meritage Homes AP 23.72
236108 11/18/2022 Century Communities AP 9.86
236109 11/18/2022 Brent Rose AP 98.13
236110 11/18/2022 Edson Salgado Rojas AP 68.68
236111 11/18/2022 Home Sweet Home Property Management Co. AP 183.64 236112 11/18/2022 OLP Real Estate, Inc. AP 131.32
236113 11/18/2022 BellaMia Real Estate AP 131.32
236114 11/18/2022 VCA Animal Hospitals, Inc. AP 203.46
236115 11/18/2022 Westside Water Conditioning AP 193.50 236116 11/18/2022 West Publishing Corporation AP 404.20 236117 11/18/2022 Windecker Inc AP 10,380.96
236118 11/18/2022 Rachel Guerrero AP 1,103.08
236119 11/18/2022 Justin Melden AP 215.00
236120 11/18/2022
'Xerox Financial Services AP 4,928.92
236121 11/18/2022 Aflac-Customer Service AP 270.18
236122 11/18/2022 AFSCME District Council 57 AP 1,427.95 236123 11/18/2022 Los Banos Fitness & AP 290.00
236124 11/18/2022 Los Banos Police Assn AP 875.00
236125 11/18/2022 Los Banos Police Assn AP 245.00
236126 11/18/2022 MassMutual AP 1,329.67
236127 11/18/2022 MassMutual AP 1,990.00
236128 11/18/2022 MissionSquare AP 440.15
236129 11/18/2022 Mission Square AP 6,525.00
236130 11/18/2022 Nationwide Retirement Solutions AP 3,935.00 236131 11/18/2022 Professional Fire Fighter AP 900
.00
236132 11/18/2022 State Disbursement Unit AP 937.50
236313 11/22/2022 Westamerica Bank- Cafeteria Plan AP 86,039.21 236314 11/23/2022 Anthony Gomes AP 745.41
236315 11/23/2022 Apex Annex Health Center, Inc. AP 210.00 236316 11/23/2022 Aramark Uniform Ser Inc AP 982.44
236317 11/23/2022 AT&T AP 22.19
236318 11/23/2022 Bruce's Tire Inc AP 695.51
236319 11/23/2022 BSK Associates AP 45.00
236320 11/23/2022 Tiffanie Barron AP 600.00
236321 11/23/2022 Ca Dept of Justice AP 1,312.00
236322 11/23/2022 Cal Traffic AP 4,681.80
236323 11/23/2022 Central Sanitary Supply AP 1,264.13
236324 11/23/2022 Central Valley Concrete Inc. AP 812.36 236325 11/23/2022 Clark Pest Control Inc AP 100.00
236326 11/23/2022 CSG Consultants Inc. AP 3,345.00
236327 11/23/2022 Erma Catalan AP 600.00
236328 11/23/2022 Patricia De La Torre AP 500.00
236329 I 1/23/2022 Fast Track Car Wash AP 563.50
236330 11/23/2022 Fun Express LLC AP 1,782.42
236331 11/23/2022 Government Revenue Solutions Holdings I, LLC AP 4,925.27 236332 11/23/2022 Henley Pacific, LLC AP 128.57
236333 11/23/2022 Jorgensen & Sons Inc. AP 226.78
236334 11/23/2022 Kimball Midwest AP 57.94
236335 11/23/2022 Liebert Cassidy Whitmore AP 7,012.00
236336 11/23/2022 Lowe's AP 4,033
.23
236337 11/23/2022 Lucas Business Systems AP 492.57
2828
236338 11/23/2022 Monterey Auto Services Inc. AP 290.00 236339 11/23/2022 Gerald "Obie" O'Brien AP 77.14
236340 I 1/23/2022 OSE AP 151.16
236341 11/23/2022 O'Reilly Auto Parts AP 1,167.93
236342 11/23/2022 Pinnacle Medical Group, Inc. AP 115.00 236343 11/23/2022 Plan It Geo LLC AP 1,375.00
236344 I 1/23/2022 Protech Security & Electronics, Inc. AP 322.50 236345 I 1/23/2022 SHI International Corp AP 667.20
236346 11/23/2022 Sorensens True Value AP 450.75
236347 11/23/2022 Swank Motion Pictures, Inc. AP 50.00
236348 I 1/23/2022 Irma Sanchez AP 350.00
236349 11/23/2022 Moon Schwenke AP 350.00
236350 11/23/2022 Technicon Engineering Services, Inc. AP 2,229.50 236351 I 1/23/2022 Turlock Spay Neuter Clinic LLC AP 700.00 236352 11/23/2022 Tyler Technologies, Inc. AP 780.00
236353 I 1/23/2022 Meritage Homes AP 166.79
236354 11/23/2022 Home Sweet Home Property Management Co. AP 106.19 236355 11/23/2022 Delmy Torres AP 118.23
236356 I 1/23/2022 Home Sweet Home Property Management Co. AP 177.11 236357 11/23/2022 Century Communities AP 166.00
236358 11/23/2022 Noemi Gonzalez AP 72.43
236359 11/23/2022 Samuel Sanchez AP 21.41
236360 I 1/23/2022 Century Communities AP 163.63
236361 I 1/23/2022 Jose Perez Castillo AP 131.32
236362 11/23/2022 Luis Langarica AP 129.57
236363 11/23/2022 Hector Gonzalez AP 118.22
236364 11/23/2022 Brynn Lafontaine AP 20.10
236365 11/23/2022 Dennis A. & Kirsten Areias AP 72.42
236366 11/23/2022 Meritage Homes AP 167.58
236367 11/23/2022 Jose Zamora AP 166.79
236368 11/23/2022 Luojian Chen AP 62.62
236369 11/23/2022 Bionca or Jose Garcia ,Jr AP 108.42
236370 11/23/2022 Law Offices of William A Vaughn AP 12,600.00 236371 11/23/2022 Verizon Wireless AP 570.15
236372 11/23/2022 Gregory Wellman AP 39.78
236373 11/23/2022 W.M. Lyles Co. AP 40,351.25
236374 11/23/2022 Young's Air Conditioning AP 845.00
Break in check sequence due to the following: Total Void Check Count: 0 Check# 235935 - # 235942 (Payroll) Total Void Check Amount:

Check# 236030 - #236038 (Payroll) Total Valid Check Count: 243 Check # 236133 - #236312 (Payroll) Total Valid Check 716,578.82 Total Check Count: 243
Total Check Amount: 716,578.82
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CITY OF LOS BANOS

CITY COUNCIL MEETING MINUTES
OCTOBER 19, 2022
ACTION MINUTES - These minutes are prepared to depict action taken for agenda items presented to the City Council. For detail of 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 6:08 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: None.

STAFF MEMBERS PRESENT: City Attorney Vaughn, Police Chief Brizzee, City Clerk/Human Resources Director Mallonee, City Treasurer/Accounting & Budget Supervisor Tomas, Community & Economic Development Director Souza Elms, Acting Fire Chief/Police Commander Reyna, Public Works Director/City Engineer Than, Interim Finance Director Kuhn
CONSIDERATION OF APPROVAL OF AGENDA: Mayor Pro Tern Lambert stated that staff is requesting that item 9 -ANNUAL PRESENTATION BY MID-VALLEY DISPOSAL, LLC. be moved to be heard after Agenda I # 7 the Consent Agenda is approved and before item 8 - Public Hearings.

Motion by Jones, seconded by Llamas to approve the agenda as submitted, with item 9 - ANNUAL PRESENTATION BY MID-VALLEY DISPOSAL, LLC. be moved to be heard after the consent agenda is approved and before agenda item 8 - Public Hearings. The motion carried by the affirmative action of all Council Members present.

PRESENTATIONS. PROCLAMATION- RECOGNIZING THE RETIREMENT OF CITY OF LOS BANOS PUBLIC SAFETY DISPATCHER MYRIAM FLORES: CERTIFICATE

OF RECOGNITION - ABEL PARSAD, IT TECHNICIAN, CITY OF LOS BANOS EMPLOYEE OF THE MONTH FOR SEPTEMBER 2022. Mayor Pro Tern Lambert presented and read the certificates recognizing the retirement of City of Los Banos Public Safety Dispatcher Myriam Flores and Abel Parsad, IT Technician, City of Los Banos Employee of the Month for September 2022 who were present to accept the recognition.

PUBLIC FORUM: MEMBERS OF THE PUBLIC MAY ADDRESS THE CITY COUNCIL

CLAUDIA NUNES stated that she is dressed in black because she is mourning for all the soldiers that have fought for our freedom. She further spoke to how she and those who are living in the same mobile home park are suffering and being threatened every day due to the homeless issue in the area. She feels Council is making them suffer by not moving the homeless encampment and feels it is not fair to the residents in the mobile home park. She called on Council to fix the issue; DOMINGUEZ SANDOVAL, Director of Los Banos Chamber of Commerce, spoke regarding the Trick or Treat event happening on October 20, 2022 and invited all to attend and dress up in their costume; CARIE REYES, Vice President of the Los Banos High School Color Guard, spoke regarding their Halloween Extravaganza fundraising event to raise funds to go to events not sponsored by the school; JIM DAVIS, spoke to how he is running for Mayor of Los Banos and was certified as a write in candidate last week. He further spoke to who he is and why he is running for the Office of Mayor; JOHN CATES, Los Banos, directed a comment to Council Member Lewis and Council Member Llamas and stated that their decision making has upset him, especially when it comes to financial responsibility. He stated that some of their decision making has also affected the interest some developers have had on coming to the City. He respects Council Member Llamas as a veteran and considered Council Member Lewis a mentor but feels she treated a Mayoral candidate poorly; BLANCHE JORGE spoke of how she loves this City, the neighborhood she lives in and how the neighborhoods are walkable. She is hoping some of the Victorian houses that are currently up for sale can be saved. She spoke of the "Howl-o-ween" event that will be held at Pacheco Park and invited all vendors or entertainers to come out and be a part of the event; LORI BALATTI, KAYLA DAVIS, and DAYNA VALADAO all spoke on behalf of the local Pickleball Organization, the history of Pickleball and the background of the local group. They spoke to where they play Pickleball, the number of growing participants, and how it is beneficial to the well being of all who participate. The group is looking forward to the new Pickleball courts being built; KATHY UHLEY, Los Banos, invited all to the fall animal fair that will be going on for the first time and how it will feature the local animal rescue organizations. There will be educational opportunities, adoptions and fun events for the kids; BENJAMIN FINCHERS, Deputy General Manager with Central California Irrigation District, spoke regarding SGMA (Sustainable Groundwater Management Act) and how the sub-basin as a whole is in a state of overdraft. He reminded all that the City of Los Banos is an independent Groundwater Sustainability Agency and that it must implement the guidelines in the sustainability plan within the agency's area and is responsible for reaching the limit of sustainability by the year 2040. He noted that the City is starting out in a deficit and is already in a hole before it even started. He further spoke about the plan and how milestones may/must be met. Consequences of not meeting milestones were spoken to and he referenced Agenda Item BB, the Los Banos General Plan 2042 Environmental Impact Report plan adoption, and spoke to some things the plan itself is lacking. He stated that Central California Irrigation District strongly opposes the plan that is on the table for adoption tonight and recommends the City Council make a motion to amend the plan and add language that the City's current deficit shall not be increased.

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 letters to be read into the record as follows: KATHY PON, former resident of Los Banos, wrote that she now 3232
lives in Gustine but is in Los Banos almost every day for shopping, appointments, and Pickleball play. She thanked the City for providing accessibility to the community by way of proposing new Pickleball courts near Cresthills Park; KASEY MILLER, Park Operator of Rancho Los Banos Mobile Home Park, wrote regarding the homeless tenants that are being housed behind the mobile home park and how there are still many health and safety issues occurring in the area. She referenced that the City Manager has the power to change the situation and she called upon him to do something about it. She asked that the Council put their differences aside and do right by the tax payers; MARIA SALINAS, resident of the Rancho Los Banos Mobile Home Park, wrote that she has had meetings with Police Chief Brizee on the issue of the homeless encampment and that he educated her on a lawsuit that occurred with an encampment in Fresno and that the homeless residents won a settlement over the city's destruction of personal property. She agrees with the settlement and says that the City has the power to relocated the encampment but that it must be done in an orderly way; JERI BLEVINS, Los Banos, spoke to how she has been a member of the Los Banos Pickleball club for a little over a year and that it has changed her life in many positive ways. She thanked the City for making this sport available in our City; VERONICA GUZMAN, Staff Services Analyst for the California Department of Fish and Wildlife, submitted a letter on behalf of the agency's Regional Manager that spoke to the proposed Los Banos General Plan 2042 Environmental Impact Report that is on tonight's agenda and how a part of the plan would affect the Grasslands Ecological Area and the wildlife that thrive in that area, including special status and endangered species. They thanked the City for considering the agency's input while evaluating the possible zone change; KIM FORREST, Refuge Manager of the San Luis National Wildlife Refuge Complex submitted a letter regarding the Los Banos General Plan 2042 Final Environmental Impact Report and noted how there are high concerns regarding the fact that the City has not taken into consideration the very sensitive nature of locations in question and that this plan will negatively impact wildlife and special species in the area. The agency encouraged the City to reject this proposal for inappropriate land use in such a sensitive area; ELLEN WEHR, Grasslands Water District, wrote regarding the Los Banos General Plan 2042 Final Environmental Impact Report and how the proposed rezoning is the latest chapter of a historical conflict between the City and Grasslands Water District as the proposed change violates the California Environmental Quality Act. There were additional attachments and information included with the letter. The agency is requesting that the proposed change in land use designation in the intercanal area from agriculture/rural to industrial be removed from the proposed Project, and Implementing Action P-AS.3 remain as currently worded in the City's general plan. No one else came forward to speak and there were no additional letters to read so the public forum was closed.

CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Council Member Lewis stated that she would like to pull item 7E - City Council Resolution No. 6568 - Authorizing Award of Construction Contract to Marvulli, Inc. in the Amount of $518,382.04 with a 10% Contingency in the Amount of $51,838 for the Construction of the Ag Sports Complex Restroom/Concession Building Project and Adopting a Revised Budget for the Fiscal Year 2022-23 as it Pertains to the Los Banos Park Fund to be presented before approval and voted on separately.
3333
Motion by Lewis, seconded by Llamas to approve the consent agenda, with the removal of 7E - City Council Resolution No. 6568 - Authorizing Award of Construction Contract to Marvulli, Inc. in the Amount of $518,382.04 with a 10% Contingency in the Amount of $51,838 for the Construction of the Ag Sports Complex Restroom/Concession Building Project and Adopting a Revised Budget for the Fiscal Year 2022-23 as it Pertains to the Los Banos Park Fund, as follows: Check Register for #235288 - #235576 in the Amount of $1,947,188.11; City Council Resolution No. 6565 - 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. 6566 -Approving and Accepting Parcel Map No. 2021-02 for The Minor Subdivision of Approximate 15.36 Acre Parcel into Four ( 4) Parcels within the Highway Commercial Zoning District Located at the Northeast Corner of Ward Road and Pacheco Boulevard Along with the Dedications of Five (5) Public Utility Easements Located Along All Road Frontages of the Parcel Map, APN 084- 020-032; City Council Resolution No. 6567 - Approving the Acceptance of the Bureau of Justice Assistance FY 2022 Edward Byrne Memorial Justice Assistance Grant {JAG) in the Amount of $12,959 and Amending the 2022-2023 Fiscal Year Budget by Increasing the Appropriation Amount of the JAG Edward Byrne Grant Fund Account for Expenditures and Revenues in the Amount of $12,959; City Council Resolution No. 6568 Authorizing Award of Construction Contract to Marvulli, Inc. in the Amount of $518,382.04 with a 10% Contingency in the Amount of $51,838 for the Construction of the Ag Sports Comple;x Restroom/Coneession Building Project and Adopting a Re11ised Budget for the Fiscal Year 2022 23 as it Pertains to the Los Banos Park Fund. The motion carried by the affirmative action of all Council Members present.

CITY COUNCIL RESOLUTION NO. 6568 - AUTHORIZING AWARD OF CONSTRUCTION CONTRACT TO MARVULLI, INC. IN THE AMOUNT OF $518,382.04 WITH A 10% CONTINGENCY IN THE AMOUNT OF $51 ,838 FOR THE

CONSTRUCTION OF THE AG SPORTS COMPLEX RESTROOM/CONCESSION

BUILDING PROJECT AND ADOPTING A REVISED BUDGET FOR THE FISCAL YEAR 2022-23 AS IT PERTAINS TO THE LOS BANOS PARK.

There was Council Member and staff discussion as to the needs of the complex and how the budget revision is for additional demolition costs. Council would like to see a report brought back in the future so that the design and improvements meant for this project can be reviewed.

Motion by Lewis, seconded by Llamas to approve City Council Resolution No. 6568 - Authorizing Award of Construction Contract to Marvulli, Inc. in the Amount of $518,382.04 with a 10% Contingency in the Amount of $51,838 for the Construction of the Ag Sports Complex Restroom/Concession Building Project and Adopting a Revised Budget for the Fiscal Year 2022-23 as it Pertains to the Los Banos Park Fund and bring this item back at the next City Council Meeting as a report to see what this new project will look like.

The motion carried by the affirmative action of all Council Members present.

ANNUAL PRESENTATION BY MID-VALLEY DISPOSAL, LLC. Public Works Director/City Engineer Than presented the staff report, which included a PowerPoint presentation, and introduced Jay Folwer and Joe Heisdorf from Mid Valley Disposal who 3434
spoke in more detail to the garbage collection services they are providing the City of Los Banos residents.

There was Council Member and staff discussion regarding the compost program and what additional costs are associated with the program outside of the normal collection costs. There was additional discussion regarding dumpster overages and if behaviors have changed with the issues. Council thanked Mid Valley staff for all their work.

Informational item only, no action taken.

PUBLIC HEARING - TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF

AN AMENDMENT TO THE CITY OF LOS BANOS BUILDING CODE ORDINANCE BY ADOPTION BY REFERENCE THE CALIFORNIA BUILDING CODE 2022 EDITION AND RELATED 2022 EDITION CODES; ORDINANCE NO. 1199 - ADOPTING BY REFERENCE THE BUILDING CODE, THE 2022 EDITION OF THE CALIFORNIA BUILDING CODE, THE 2022 EDITION OF THE CALIFORNIA ENERGY CODE, THE 2022 EDITION OF THE CALIFORNIA HISTORICAL BUILDING CODE, THE 2022 EDITION OF THE CALIFORNIA REFERENCE STANDARDS CODE, THE 2022 EDITION OF THE CALIFORNIA ELECTRICAL CODE, THE 2022 EDITION OF THE CALIFORNIA MECHANICAL CODE, THE 2022 EDITION OF THE CALIFORNIA ADMINISTRATIVE, THE 2022 EDITION OF THE CALIFORNIA EXISTING BUILDING CODE, THE 2022 EDITION OF THE CALIFORNIA GREEN BUILDING STANDARDS CODE, THE 2022 EDITION OF THE CALIFORNIA RESIDENTIAL CODE, AND THE 2022 EDITION OF THE CALIFORNIA PLUMBING CODE BY AMENDMENT TO TITLE 8 CHAPTER 1 OF THE Los BANOS MUNICIPAL CODE (SECOND READING & ADOPTION); ORDINANCE NO. 1200 - ADOPTING BY REFERENCE THE 2022 EDITION OF THE CALIFORNIA FIRE CODE BY AMENDMENT TO TITLE 4 CHAPTER 3 OF THE LOS BANOS MUNICIPAL CODE AND ADOPTION OF LOCAL AMENDMENTS THERETO (SECOND READING & ADOPTION). Community & Economic Development Director Souza Elms presented the staff report.

Mayor Pro Tern Lambert opened the public hearing. No one came forward to speak and the public hearing was closed.

Motion by Jones, seconded by Lewis to waive the second reading of Ordinance No. 1199 - Adopting by Reference the Building Code, the 2022 Edition of the California Building Code, the 2022 Edition of the California Energy Code, the 2022 Edition of the California Historical Building Code, the 2022 Edition of the California Reference Standards Code, the 2022 Edition of the California Electrical Code, the 2022 Edition of the California Mechanical Code, the 2022 Edition of the California Administrative, the 2022 Edition of the California Existing Building Code, the 2022 Edition of the California Green Building Standards Code, the 2022 Edition of the California Residential Code, and the 2022 Edition of the California Plumbing Code by Amendment to Title 8 Chapter 1 of the Los Banos Municipal Code. The motion carried by the affirmative action of all Council Members present.

Motion by Jones, seconded by Lewis to introduce Ordinance No. 1199 - Adopting by Reference the Building Code, the 2022 Edition of the California Building Code, the 2022 3535
Edition of the California Energy Code, the 2022 Edition of the California Historical Building Code, the 2022 Edition of the California Reference Standards Code, the 2022 Edition of the California Electrical Code, the 2022 Edition of the California Mechanical Code, the 2022 Edition of the California Administrative, the 2022 Edition of the California Existing Building Code, the 2022 Edition of the California Green Building Standards Code, the 2022 Edition of the California Residential Code, and the 2022 Edition of the California Plumbing Code by Amendment to Title 8 Chapter 1 of the Los Banos Municipal Code.

The motion carried by the following roll call vote: AYES: Jones, Lambert, Lewis, Llamas; NOES: None; ABSENT: None.

Mayor Pro Tern Lambert opened the public hearing. No one came forward to speak and the public hearing was closed.

Motion by Jones, seconded by Llamas to waive the second reading of Ordinance No. 1200 -Adopting by Reference the 2022 Edition of the California Fire Code by Amendment to Title 4 Chapter 3 of the Los Banos Municipal code and Adoption of Local Amendments Thereto. The motion carried by the affirmative action of all Council Members present.

Motion by Jones, seconded by Llamas to introduce Ordinance No. 1200 - Adopting by Reference the 2022 Edition of the California Fire Code by Amendment to Title 4 Chapter 3 of the Los Banos Municipal code and Adoption of Local Amendments Thereto. The motion carried by the following roll call vote: AYES: Jones, Lambert, Lewis, Llamas; NOES: None; ABSENT: None.

PUBLIC HEARING - TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF

ADOPTION OF CERTIFICATION OF THE FINAL ENVIRONMENTAL IMPACT

REPORT (EIR), ADOPTION OF MITIGATION MONITORING AND STATEMENT OF OVERRIDING CONSIDERATION, ADOPTION OF THE GENERAL PLAN 2042, AND ADOPTION OF THE ANNEXATION ORDINANCE: CITY COUNCIL RESOLUTION NO. 6569 - APPROVING AND CERTIFYING THE FINAL EIR AND APPROVING THE LOS BANOS GENERAL PLAN 2042; ORDINANCE NO. 1201 - ADOPTING AN ANNEXATION ORDINANCE AND RELATED AMENDMENTS TO TITLE 9, CHAPTER 3, OF THE LOS BANOS MUNICIPAL CODE (FIRST READING & INTRODUCTION).

Community & Economic Development Director Souza Elms presented the staff report and introduced Joanna Jansen and Terri McCracken with Placeworks who spoke in more detail to the proposed General Plan 2042, which included a PowerPoint presentation.

There was Council Member and staff discussion regarding the amendment options proposed by Placeworks that may be considered prior to adoption. Staff also provided input regarding what amendments they see acceptable relating to comments and concerns they have received from outside agencies.

Following the presentation, there was discussion amongst Council, City staff and Placeworks staff regarding developers and their obligations to follow the City's annexation ordinance before their submittals are entertained by the City Council and how the annexation ordinance comes into effect if a developer wants to make any amendments to the development plan that was originally adopted by council. The issue of water usage was spoken to and it was discussed that because some areas designated as agricultural 3636
use would be designated as urban use under the new plan, there would be significantly less water usage experienced in those areas.

Mayor Pro Tern Lambert opened the public hearing. ELLEN WEHR, General Counsel for Grassland Water District spoke regarding their concerns which are on file in letter form with the City Clerk and supports council voting for option B; SEAN ALLEN, California Department of Fish and Wild Life Manager, spoke in support of Option B to go back to the original plan and explained his reason why; ANN McCAULEY, Los Banos, concerned that urban use uses less water than agriculture but we can't ignore agriculture, concern that the State continues to divert water out of the city and feels staff needs to look at what we need to do to make sure we get our share of water in the Central Valley. She further noted that it is unfair to farmers to give up so much land and believes water use is going to be a big issue; BLANCHE JORGE, Los Banos, stated that she collects homes to try and save them and put them in their original state. She likes that there is attention for preserving downtown. She has had difficulty downloading information and staff was really great and allowed her to go through the books and answered any questions that she had; PEPPER SNYDER, President of Grasslands Water District, spoke to how blessed this area is to have the resources in our grasslands area and hopes that we keep this area the way it is. She supports Option B. There were no additional comments and the public hearing was closed.

Council expressed their desire to maintain good relationships with the local water and natural resource agencies and feel Option B is the best choice.

Motion by Lewis, seconded by Jones to adopt City Council Resolution No. 6569 - Approving and Certifying the Final EIR and Approving the Los Banos General Plan (GP) 2042, with Option B to revert back to existing General Plan with Ag/Rural designation, outside Urban Growth Boundary and establish the Grassland Resources Overlay Zone (GROZ) to cover the inter-canal corridor north of Highway 152 as stated in the existing GP. The motion carried by the affirmative action of all Council Members present.

Motion by Lewis, seconded by Jones to waive the first reading of Ordinance No. 1201 - Adopting an Annexation Ordinance and Related Amendments to Title 9, Chapter 3, of the Los Banos Municipal Code. The motion carried by the affirmative action of all Council Members present.

Motion by Lewis, seconded by Jones to introduce Ordinance No. 1201 - Adopting an Annexation Ordinance and Related Amendments to Title 9, Chapter 3, of the Los Banos Municipal Code. The motion carried by the following roll call vote: A YES: Jones, Lambert, Lewis, Llamas; NOES: None; ABSENT: None.

PUBLIC HEARING - TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF

THE PROPOSED PERMANENT LOCAL HOUSING ALLOCATION (PLHA)

APPLICATION IN RESPONSE TO A NOTICE OF FUNDING AVAILABILITY (NOFA) DATED AUGUST 17, 2022: CITY COUNCIL RESOLUTION NO. 6570 -AUTHORIZING

THE APPLICATION AND ADOPTING THE PLHA PLAN FOR THE PERMANENT LOCAL HOUSING ALLOCATION PROGRAM. Community & Economic Development 3737
Director Souza Elms presented the staff report, which included a PowerPoint presentation.

There was Council Member and staff discussion regarding the different options and how staff has been approached by other who would be interested in selling the hotel involved in Project Home Key to the City of Los Banos. There was additional discussion about location options and alternative housing measures such as tiny homes. Housing programs that take place in other cities was discussed and how said local municipalities develop strict guidelines on who gets to occupy the facilities.

Mayor Pro Tern Lambert opened the public hearing. JIM DAVIS, Los Banos, spoke to how a decision should not be made now because if a plan is chose now, it could become an issue later depending on the location. It takes time to know how projects will work and we may end up facing the same issue we have now and it could cost much more money to maintain. He believes purchasing a hotel and converting it would be a quicker way to ease the homeless encampment situation behind the mobile home park; BLANCHE JORGE, Los Banos, if it is a hotel there are regulations that require a fire sprinkler system in it, along with enough parking, and extending cameras; ANN McCAULEY, Los Banos, spoke to how with applications, future plans should also be submitted. She wondered if there has to be a specific hotel in order to couple it with Project Room Key funds.

Motion by Lewis, seconded by Jones to adopt City Council Resolution No. 6570 - Authorizing the Application and Adopting the PLHA Plan for the Permanent Local Housing Allocation Program. The motion carried by the affirmative action of all Council Members present.

PUBLIC HEARING - TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF

ACCEPTANCE OF THE DEVELOPMENT IMPACT FEE REPORT FOR FISCAL YEARS 2017-2021 IN ACCORDANCE WITH ASSEMBLY BILL (AB) 1600. Interim Finance Director Kuhn presented the staff report, which included a PowerPoint presentation.

Mayor Pro Tern Lambert opened the public hearing. No one came forward to speak and the public forum was closed.

Motion by Jones, seconded by Llamas accept the Development Impact Fee Report for Fiscal Years 2017-2021 in Accordance with Assembly Bill 1600. The motion carried by the affirmative action of all Council Members present.

POTENTIAL MEMORANDUM OF UNDERSTANDING REGARDING LOCAL WATER ISSUES. Interim City Manager Wellman presented the staff report and provided an update on some meetings he has had with engineering firms in order to gather as much expert advice as possible on how the City can increase its water supply.

ADVISEMENT OF PUBLIC NOTICES. (One Report) Community & Economic Development Director Souza Elms reported that there will be a Public Hearing at the Planning Commission on October 26, 2022 to consider a Categorical Exemption from the California Environmental Quality Act (CEQA) Pursuant to Section 15301, Existing 3838
Facilities, and Cottage Food Operation #2022-04 for Jacqueline Morfin at 7 45 Vermont Ave., more specifically identified as Assessor's Parcel Number: 027- 011-016.

CITY MANAGER REPORT. Interim City Manager Wellman spoke regarding the homeless encampment concerns and issues and how staff is looking at ways to use nonsworn personnel instead of sworn personnel.

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 Blanche Jorge for her update on historic preservation in Los Banos, stated that he appreciated the homelessness discussion and likes that we are still seeking solutions, how there is a MCAG meeting at College Greens tonight regarding housing funds and how he is looking forward to future meetings on this topic and when he is able to attend.

BRETT JONES: No report.

DEBORAH LEWIS: Council Member Lewis stated that New Beginnings Church will be sponsoring a harvest fest with fun activities for all. At the last Council Meeting, she requested that the County Supervisor and Homeless Coordinator be invited to this meeting in order to find out why they are terminating the Project Room Key program. She was hoping to hear some alternatives that are out there. She spoke to the homeless encampment by the mobile home park and how it is a nuisance and requested that the topic of moving the encampment be brought back in order to take action on the issue.

KENNETH LAMBERT: Mayor Pro Tern Lambert stated that all Council Members have been part of it, but that they all need to get back to policy. He read the Council Member request policy that was established by City Council Resolution.

Council Member Lewis requested to speak and stated that she is aware of the policy but asked why it was just now being brought up. Mayor Pro Tern Lambert responded by saying he did some digging himself on it because he has been a victim of it as well.

Council Member Lewis stated that she was making a formal request to the City Manager to have the item brought back for Council to discuss in order to move forward.

Mayor Pro Tern Lambert thanked staff and the consultants for all of their hard work.

CLOSED SESSION - PUBLIC EMPLOYEE RELEASE (CALPERS INDUSTRIAL DISABILITY RETIREMENT) PURSUANT TO GOVERNMENT CODE SECTION 54957.

Motion by Lambert, seconded by Jones to adopt City Council Resolution No. 6571 - Concerning Retirement of Police Officer Jeffrey Lyle Kelley. The motion carried by the affirmative action of all Council Members present.
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CLOSED SESSION - CONFERENCE WITH LABOR NEGOTIATORS, PURSUANT TO GOVERNMENT CODE SECTION 54957.6, AGENCY DESIGNATED
REPRESENTATIVES: INTERIM CITY MANAGER WELLMAN, CITY ATTORNEY

VAUGHN, CITY CLERK/HUMAN RESOURCES DIRECTOR MALLONEE, INTERIM FINANCE DIRECTOR KUHN, LEGAL COUNSEL TUFFO; EMPLOYEE
ORGANIZATIONS: LOS BANOS POLICE OFFICERS ASSOCIATION (LBPOA), LOS

BANOS POLICE SERGEANTS ASSOCIATION (LBPSA), LOS BANOS FIRE FIGHTERS ASSOCIATION (LBFFA}, LOS BANOS POLICE DISPATCHERS/

COMMUNITY SERVICES OFFICERS ASSOCIATION (LBPDCSOA), LOS BANOS PUBLIC EMPLOYEES UNION {PUBLIC WORKS) LOCAL 1/AFSCME AND UNREPRESENTED MISCELLANEOUS EMPLOYEES. No reportable action.

CLOSED SESSION - CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION, SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO § 54956.9(8 ): {ONE POTENTIAL CASE). No reportable action.

ADJOURNMENT. Motion by Jones, seconded by Llamas, the meeting at 11 :24 p.m.

APPROVED:

Kenneth Lambert, Mayor Pro T em
ATTEST:

Lucille L. Mallonee, City Clerk
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CITY OF LOS BANOS

CITY COUNCIL MEETING MINUTES
NOVEMBER 2, 2022
ACTION MINUTES - These minutes are prepared to depict action taken for agenda items presented to the City Council. For detail of :this meeting refer to the electronic media (CD and/or audio) kept as 'fl permanent record.

CALL TO ORDER: Mayor Pro Tern Lambert called the City Council Meeting to order at the hour of 6:06 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: None.

STAFF MEMBERS PRESENT: Interim City Manager Wellman, City Attorney Vaughn, Police Chief Brizzee, City Clerk/Human Resources Director Mallonee, City Treasurer/Accounting & Budget Supervisor Tomas, Community & Economic Development Director Souza Elms, Fire Chief Tualla, Public Works Director/City Engineer Than, Interim Finance Director Kuhn
CONSIDERATION OF APPROVAL OF AGENDA: Mayor Pro Tern Lambert stated that staff has requested that item 16 - City Manager Report be moved to be heard after item 8 - Update on City of Los Banos Recycled Water Efforts; and that item 12 - Pioneer Road Project Update be moved to be heard after item 9 - Los Banos Urban Forest Management Plan.

Motion by Lewis, seconded by Llamas to approve the agenda as submitted with item 16 - City Manager Report moved up to be heard after item 8 - Update on City of Los Banos Recycled Water Efforts; and that item 12- Pioneer Road Project Update moved up to be heard after item 9 - Los Banos Urban Forest Management Plan. The motion carried by the affirmative action of all Council Members present.

PRESENTATIONS: PROCLAMATION - RECOGNIZING VETERANS DAY:

PROCLAMATION - RECOGNIZING NOVEMBER AS LUNG CANCER AWARENESS MONTH. Mayor Pro Tern Lambert presented and read the Veterans Day Proclamation to Allan Cotta, Patricia McCoy, Michael Hughes who were present to accept the recognition and encouraged everyone to come out to the Veterans Day Parade. He then read the Proclamation Recognizing November as Lung Cancer Awareness Month.

PUBLIC FORUM: MEMBERS OF THE PUBLIC MAY ADDRESS THE CITY COUNCIL

UNNAMED PERSON, spoke regarding how she has been coming to meetings to ask and beg the Council Members to do something about the homeless encampment near her Mobile Home Park, she has come up with an idea that they are not being helped because they are Mexicans or black people and the majority of you are racists, spoke regarding what she is experiencing, how she is speaking out because she does not want anything to happen to anyone, she feels they are not being helped because they are not white, how the Police is coming out and not giving tickets, something needs to be done, she is so afraid that something to happen to one of the kids at the mobile home park, she asked for the Council to please help them; RON BAILEY spoke regarding the New Beginnings Harvest Fun Festival held on October 31, 2022 which was very popular and thanked Council Members Llamas and Lewis and Mayor elect Llanez for coming to the event; SHANDRA LEWIS, resides at Rancho Los Banos Mobile Home Park, stated that she had a meeting with a Council Member that felt to be a threat as to what will happen if the encampment is moved and how there is no reason given for not moving them, they spoke to how horrible it smells and she feels that she has no value to Los Banos and has no value to the Council as a person, spoke to the horrible things she is experiencing and how they are not mobile home trash and there are all kinds of people who live there, she feels that her life is in danger and that the Council feels that the homeless are more important than they are, what is the difference between public and private property, what does the Interim City Manager want to see happen with this situation, she feels they have been threatened instead of being promised hope; DANIEL FREEMAN, Captain Los Banos Fire Department, spoke regarding how Police Commander Reyna served as Acting Fire Chief and immediately had a positive effect on the Fire Department and to all that he did to affect morale and genuinely cared about the Fire Department and all of us individually and presented him with a Fire Helmet for which Police Commander Reyna thanked the Fire Members for the appreciation and recognition and stated that the Los Banos Fire Department is an outstanding group of employees; JIM ROVIK, Los Banos, thanked all the members of the City Council and those public safety members, spoke regarding an idea that he has for addressing the homelessness issues here in Los Banos and he feels there is a greater need for housing projects for the homeless and the services that will come along with a project that he is proposing with the help of Merced County Rescue Mission and how the program will work and be funded; PATRICIA McCOY, Chairperson for the Los Banos Veterans parade, reminded all about the Veterans Day Parade on November 5, 2022 at 11 am and that next week the local VFW will be doing local flag raising events and also a flag etiquette class, would like the community to take notice of the over 900 flags being flown over the next few weeks, and spoke regarding a an event held a few years ago called Green Light Event; JIM DAVIS, stated that he is running for Mayor as a write in candidate, spoke how his campaign is mostly on social media and how he will be starting live YouTube chats, Los Banos Enterprise had an article about his candidacy, he has been able to speak to the Council, employees and others in the community, he met with a few key makers in Los Banos and they explained to him why he will not be successful in his bid for Mayor, he offered a chance for those to make a difference, make a change and vote for him and try something new; PAUL LLANEZ, running for Mayor, he is not here to campaign but he is here to talk about the closed session item regarding labor negotiations regarding Police, Fire and Dispatchers and urged them to talk realistic goals and numbers, he is more concerned as a citizen and a 4242
parent; CHERYL CEROS, Homeless Liaison with Bethel Church, stated that she feels that something needs to be done to help the homeless community and spoke to her experience, she feels that Home key will be successful not room key, do whatever it takes to help the homeless, she feels that something can happen to help the homeless. Mayor Pro Tern Lambert asked the City Clerk if she had received any comments to be read into the record. City Clerk Mallonee stated she received the following comments that are on file with the City Clerk: BLANCHE WILLIAMS, wrote regarding her concerns for the homeless people in the community and how she has been visiting with them and trying to help them, what she has seen and experienced, and feels that Los Banos needs to have a let's help attitude and do all that we can do to help the situation for all. No one else came forward to speak and the public forum was closed.

CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Council Member Lewis stated that she would like to pull item 7F - City Council Resolution No. 6575 -Authorizing the Interim City Manager to Execute a Professional Service Agreement and Authorize the Public Works Director/City Engineer to Administer the Professional Service Agreement with Chrisp Company for On-Call Striping and Marking Maintenance for presentation and separate vote.

Motion by Lewis, seconded by Llamas to approve the consent agenda, with the removal of 7F - City Council Resolution No. 6575 - Authorizing the Interim City Manager to Execute a Professional Service Agreement and Authorize the Public Works Director/City Engineer to Administer the Professional Service Agreement with Chrisp Company for OnCall Striping and Marking Maintenance, as follows: Check Register for #235577 - #235741 in the Amount of $688,005.12; Minutes for the October 5, 2022 City Council Meeting; City Council Resolution No. 6572 - 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. 6573 - Awarding the Bid for the Purchase of Two (2) New 2022/2023 One-Ton Model Medium Duty Utility Trucks with Lift Gate; Authorize the Public Works Director/City Engineer to Issue the Purchase Order to Santos Ford in the Amount of $157,890.00; City Council Resolution No. 6574 -Awarding the Bid for the Purchase of Four (4) New 2022/2023 Three-Quarter Ton Model Medium Duty Utility Trucks with Lift Gate; Authorize the Public Works Director/City Engineer to Issue the Purchase Order to Santos Ford in the Amount of $309,820.00 and Amend the Budget for Fiscal Year 2022/2023 as it Pertains to Expenditures; City Council Resolution No. 6575 Authorizing the Interim City Manager to Execute a Professional Service Agreement and Authorize tho Public \'\forks Director/City Engineer to Administer tho Prof:essional Service Agreement with Chrisp Company for On Call Striping and Marking Maintenance. The motion carried by the affirmative action of all Council Members present.

City Council Resolution No. 6575 - Authorizing the Interim City Manager to Execute a Professional Service Agreement and Authorize the Public Works Director/City Engineer to Administer the Professional Service Agreement with Chrisp Company for On-Call Striping and Marking Maintenance. Council Member Lewis inquired as to if this is only company who does this type of work for which Public Works Director/City Engineer Than responded that yes this was the only bid received. Council Member Lewis wanted clarification on the effective date of November 2, 2022 and the start date of the agreement, and the part of the agreement about painting curbs by fire hydrants and how 4343
we do not paint curbs in residential areas and if we will be starting painting curbs for with Public Works Director/City Engineer Than that this will allow staff to repaint when needed and but there is no plan to paint all other curbs red near fire hydrants in residential areas.

Motion by Lewis, seconded by Llamas to adopt City Council Resolution No. 6575 - Authorizing the Interim City Manager to Execute a Professional Service Agreement and Authorize the Public Works Director/City Engineer to Administer the Professional Service Agreement with Chrisp Company for On-Call Striping and Marking Maintenance. The motion carried by the affirmative action of all Council Members present.

UPDATE ON CITY OF LOS BANOS RECYCLED WATER EFFORTS. Interim City Manager Wellman presented the staff report and introduced Ric Ortega Grasslands Water District, Chris White, Tony Whitehurst, Austin Ewell who were in attendance, and spoke to how he has been having exploratory conversations regarding water and strategies that we might employee to benefit all parties. Public Works Director/City Engineer Than explained the CCID District Map that shows the water system and the Grassland Water District Map. Chris White came forward to speak and spoke to his history with Los Banos and CCID and to the opportunity here is Los Banos to provide a water balance for the City. Ric Ortega came forward to speak and stated that there are exciting opportunities in Los Banos, especially storm water, recharge, wastewater treatment
There was Council Member and staff discussion regarding the growth in our community and the water drought we are going through, and any talk about how long the State will let us walk in our current situation. Austin Ewell came forward to speak and explained his experience with evaluating current facilities and how he has had successful projects and what the next steps might be for Los Banos. Tony Whitehurst came forward to speak and thanked the City Council and Interim City Manager for being brave and bold enough to look into these water concerns and the wonderful partnership and opportunity being presented to the City of Los Banos
Informational item only, no· action taken.

CITY MANAGER REPORT. Interim City Manager Wellman introduced the new Fire Chief, Paul Tualla, who started yesterday, November 1, 2022 and thanked Police Commander Ray Reyna for the work he did prior to his arrival as Acting Fire Chief and noted how much the Fire Department appreciated him being around and the leadership his provided.

LOS BANOS URBAN FOREST MANAGEMENT PLAN: CITY COUNCIL RESOLUTION NO. 6576 - ADOPTING THE LOS BANOS URBAN FOREST MANAGEMENT PLAN.

Public Works Director/City Engineer presented the staff report and turned it over to Parks & Recreation Operations Manager Heim who in turned introduced Chris Peiffer, Project Manager with PanlTGEO who spoke in more detail to the Los Banos Urban Forest Management Plan, which included a PowerPoint presentation.

There was Council Member and staff discussion regarding the evaluation of the tree canopy in Los Banos, if there are some trees being recommended to take off our list, 4444
public planting and how this will relate to our residents, and how the plan provides longterm goals and guidelines.

Motion by Lewis, seconded by Jones to adopt City Council Resolution No. 6576_ - Adopting the Los Banos Urban Forest Management Plan. The motion carried by the affirmative action of all Council Members present.

PIONEER ROAD PROJECT UPDATE. Public Works Director/City Engineer Than presented the staff report, introduced Ed Noriega consultant with Mart Thomas who spoke in more detail to the project, which included a PowerPoint presentation.

There was Council Member and staff discussion regarding why wouldn't we build a 4 lane section all the way through, concerns with building a 2 lane facility and then needing to add more lanes to it not making sense, how we have the right of way and if need we can get the developers to start paying their share and expand from 2 lanes to 4 lanes, 2 lanes will be easier to maintain, what funding has been secured so far, how the 2 lanes will bear the traffic and if we have 4 we can spread the traffic and spread the life span of the lanes, how the funds we have now will get us through Phase 2 and we do not have the money for the design phase, if we are in position to maintain the funds given to us from MCAG, and on the environmental phase would anything change the design stage.

Motion by Lewis, seconded by Llamas to accept the report and rebrand the project name from Pioneer Road Widening Project to Pioneer Road Complete Streets Project. The motion carried by the affirmative action of all Council Members present.

PUBLIC HEARING - TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF ADOPTION OF THE ANNEXATION ORDINANCE: ORDINANCE NO. 1201 -

ADOPTING AN ANNEXATION ORDINANCE AND RELATED AMENDMENTS TO TITLE 9, CHAPTER 3, OF THE LOS BANOS MUNICIPAL CODE {SECOND READING & ADOPTION). Community & Economic Development Director Souza Elms presented the staff report.

Motion by Jones, seconded by Lewis to waive the second reading of Ordinance No. 1201 -Adopting an Annexation Ordinance and Related Amendments to Title 9, Chapter 3, of the Los Banos Municipal Code. The motion carried by the affirmative action of all Council Members present.

Motion by Jones, seconded by Lewis to adopt Ordinance No. 1201 - Adopting an Annexation Ordinance and Related Amendments to Title 9, Chapter 3, of the Los Banos Municipal Code. The motion carried by the following roll call vote: AYES: Jones, Lambert, Lewis, Llamas; NOES: None; ABSENT: None.

TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF CONDITIONAL USE PERMIT #2022-06 TO ALLOW THE USE OF A TYPE 20 ALCOHOL LICENSE FOR

THE OFF-SALE OF BEER AND WINE FOR A CONVENIENCE MARKET TO BE

LOCATED AT THE NORTHEAST CORNER OF WARD ROAD AND PACHECO BOULEVARD, APN 084-020-032; CITY COUNCIL RESOLUTION NO. 6577 - APPROVING CONDITIONAL USE PERMIT #2022-06 TO ALLOW FOR THE OFF4545 SALE OF BEER AND WINE UNDER A TYPE 20 ALCOHOL LICENSE FOR LEGACY REALTY AND DEVELOPMENT LOCATED AT THE NORTHEAST CORNER OF E.

PACHECO BOULEVARD AND WARD ROAD, APN 084-020-032. Community & Economic Development Director Souza Elms presented the staff report, which included a PowerPoint presentation.

There was Council Member and staff discussion regarding how long staff has been working with this applicant.

Applicant representative Trevor Beale came forward to speak on the project specifics.

Mayor Pro Tern Lambert opened the public hearing. No one came forward to speak and the public hearing was closed.

Motion by Jones, seconded by Llamas to adopt City Council Resolution No. 6577 - Approving Conditional Use Permit #2022-06 to Allow for the Off-Sale of Beer and Wine Under a Type 20 Alcohol License for Legacy Realty and Development Located at the Northeast Corner of E. Pacheco Boulevard and Ward Road, APN 084-020-032. The motion carried by the affirmative action of all Council Members present.

LANDSCAPE MAINTENANCE SERVICES AND FISCAL IMPACT REVIEW. Public Works Director/City Engineer Than presented the staff report and deferred to Parks & Recreation Operations Manage Heim who spoke in more detail, which included a PowerPoint presentation.

There was Council Member and staff discussion regarding if we build a new park how will the maintenance be accounted for, quick financial picture of Landscaping & Lighting Districts (LLDs) and how they work, thoughts to trim back aeration, estimate for trimming trees at about $800 a tree, how this will encroachment on the general fund might and what it will do to the other levels of service we provide especially in public safety, if Council will be getting all RFPs to review, replacement of irrigation and why are we not moving towards drip irrigation in planter beds and around the trees, how rates for the LLDs are set, thoughts of having an approved landscape design company to work on an as needed basis and use them to make sure we are getting what we need and still have the beautification of our city, if there is another model that might be better than this and not have the general fund absorb so much cost overruns, complaints when we do biweekly mowing or mulching and it makes it hard for kids to play in the grass in the summer, how the linear park/fly-over is used for recreation and we do have bogg areas in there and they need to be taken care of, impact to the individual ratepayer and concern that this will take it too far, if we go forward with this we need to make sure the ratepayers get the service they are paying for, the need to re-evaluate the RFP.

Motion by Jones, seconded by Llamas to direct staff to re-issue the RFP with a basic scope and oversight and with extra options to add on. The motion carried by the affirmative action of all Council Members present.
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AG SPORTS COMPLEX RESTROOM/CONCESSION BUILDING PROJECT UPDATE.

Public Works Director/City Engineer Than presented the staff report, which included a PowerPoint presentation.

Informational item only, no action taken.

COUNCIL MEMBER REQUEST REGARDING THE HOMELESS ENCAMPMENT (COUNCIL MEMBER LEWIS). Council Member Lewis spoke to the history of the homeless encampment, her concern for the community that lives near the encampment, and how a lot of the homeless people are not wanting to be housed, how it disturbs her when she hears people pleading for help and attention to their situation, how we didn't go through a process when placing the encampment, we need to find a solution and what are we going to do for these residents who feel we don't care about them and now feel threatened, the treatment needed for the mentally ill homeless people is not available in our county and asked her fellow Council Members what are we going to do about all this.

There was Council Member and staff discussion regarding this whole situation being very distressing and concerning to have the folks keep coming back and telling us the horrible things they are experiencing, would like for staff to give us alternatives to put the encampment on other city property as the best possible solution, we need to provide these residents relief and they deserve it, we need to finalize the report and take some action, commends the Police Department for the job they are doing, it is a dangerous and stressful situation, concerns for the long term health affects it is having on the residents there, convert a hotel or create tiny homes, would like to see Merced County give additional assistance to Los Banos, Continuum of Care and how they are having a meeting tomorrow, how it seems like if there was alternative sites staff would have brought them forth, how it has gone downhill a lot because because it is a manpower issue and management issue, staff has met this past week on an alternative to create a way to take this away from sworn personnel and looking at a full time person, the need to be more proactive but we need the manpower to do that, thoughts to set up a camera to catch people doing unlawful things, how there are 15 people currently at the encampment, how disbanding the encampment will not make the problems go away, thoughts of having a noncommissioned officer work throughout the night patrolling the area, partnering with the Merced County Rescue Mission, wishing that those who have issues would stay through the meeting to hear what we are talking about in regards to homeless issues, thoughts of putting together an adhoc committee to come up with solutions, and the county is not giving them the mental services they need and deserve.

Interim City Manager Wellman suggested that we put the homeless item at the beginning of the agenda next time so that all can hear the discussion, there has been discussion to add personnel to deal with this, and spoke to the importance to note the different types of homeless people.

Motion by Lewis, seconded by Llamas to look into another location or leave it where it is with cameras and other things and bring this item back for update and discussion at the December 7, 2022 meeting. The motion carried by the affirmative action of all Council Members present.
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ADVISEMENT OF PUBLIC NOTICES. (Two Reports) Community & Economic Development Director Souza Elms reported that there will be two Public Hearings at the Planning Commission on November 9, 2022 to consider a Categorical Exemption from the California Environmental Quality Act (CEQA) and a Mobile Food Vendor Permit #2022-19 to allow the operation of a mobile food vending vehicle on route throughout the City of Los Banos within the public-right-of way for Graciela Tapia dba Paleteria Tapia and a Categorical Exemption from the California Environmental Quality Act (CEQA) and a Mobile Food Vendor Permit #2022-12 to allow the operation of a mobile food vending vehicle on private property for Rosalva Oregon Maciel dba Tacos Valentina. The subject property is located within the Highway Commercial Zoning District at 830 I St., more specifically identified as Assessor's Parcel Number: 026-143-002,003.

REPORT/UPDATE ON MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG), PENINSULA CLEAN ENERGY {PCE), AND MEASURE V COMMITTEE.

Council Member Lewis spoke regarding the last MCAG meeting regarding the JPA that expires in 2023, the make-up of the JPA and how the agreement that was worked out wasn't acceptable in some situations by all of the cities, it was agreed upon that all of the city attorneys and county counsel will come together to work with the cities to figure out what will work and clean up language for which the City Attorney responded to and explained. She hopes that the new Mayor will bring important items to City Council so that we are aware of what is going on with the different organizations that we belong to.

She spoke to the San Joaquin Valley Air Pollution Control District that she represents the City on and how they have a lot of federal money, state money and a new allocation of money for buses for school districts that are available on a first come, first serve basis.

CITY COUNCIL MEMBER REPORTS.

BRETT JONES: Posed a question to Council Member Llamas in your candidate statement that was published in the newspaper you talk about special interests such has housing developers who have hand selected candidates and fund their campaigns and asked him to elaborate for which he did not.

DEBORAH LEWIS: Recommended that all of us who sit on committees should be able to give a report and feels that it is appropriate that we hear from anyone who sits on a committee to make reports so that we all know what is going on.

REFUGIO LLAMAS: Thanked Parks & Recreation Operations Manager Heim and the Parks & Recreation staff for everything they are doing for the community, like the trunk and treat events.

KENNETH LAMBERT: Thanked all the presenters tonight, speakers and all the staff, glad to have you here at your first meeting Fire Chief Tualla.

CLOSED SESSION - CONFERENCE WITH LABOR NEGOTIATORS, PURSUANT TO GOVERNMENT CODE SECTION 54957.6, AGENCY DESIGNATED
REPRESENTATIVES: INTERIM CITY MANAGER WELLMAN. CITY ATTORNEY

VAUGHN, CITY CLERK/HUMAN RESOURCES DIRECTOR MALLONEE, INTERIM FINANCE DIRECTOR KUHN, LEGAL COUNSEL TUFFO; EMPLOYEE
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ORGANIZATIONS: LOS BANOS POLICE OFFICERS ASSOCIATION (LBPOA), LOS

BANOS POLICE SERGEANTS ASSOCIATION (LBPSA), LOS BANOS FIRE

FIGHTERS ASSOCIATION (LBFFA), LOS BANOS POLICE

DISPATCHERS/COMMUNITY SERVICES OFFICERS ASSOCIATION (LBPDCSOA), LOS BANOS PUBLIC EMPLOYEES UNION (PUBLIC WORKS) LOCAL 1/AFSCME AND UNREPRESENTED MISCELLANEOUS EMPLOYEES. No reportable action.

CLOSED SESSION - CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION, SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO § 54956.9(8 ): (ONE POTENTIAL CASE). No reportable action.

ADJOURNMENT. The meeting at 12:10 a.m.

APPROVED:

Kenneth Lambert, Mayor Pro Tern
ATTEST:

Lucille L. Mallonee, City Clerk
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CITY OF LOS BANOS

CITY COUNCIL MEETING MINUTES
NOVEMBER 16, 2022
ACTION MINUTES - These minutes are prepared to depict action taken !for agenda items presented to the City Council. For detail of 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: None.

STAFF MEMBERS PRESENT: Interim City Manager Wellman, City Attorney Vaughn, Police Chief Brizzee, City Clerk/Human Resources Director Mallonee, City Treasurer/Accounting & Budget Supervisor Tomas, Community & Economic Development Director Souza Elms, Fire Chief Tualla, Public Works Director/City Engineer Than, Interim Finance Director Kuhn
CONSIDERATION OF APPROVAL OF AGENDA: Motion by Jones, seconded by Lewis to approve the agenda as submitted. The motion carried by the affirmative action of all Council Members present.

PRESENTATIONS: CERTIFICATE OF RECOGNITION - DANIEL FREEMAN, FIRE CAPTAIN, CITY OF LOS BANOS EMPLOYEE OF THE MONTH FOR OCTOBER 2022:

CERTIFICATE OF RECOGNITION - MERCEY SPRINGS ELEMENTARY. MOST PATRIOTIC ELEMENTARY SCHOOL IN THE VETERANS DAY PARADE: CERTIFICATE

OF RECOGNITION - LOS BANOS JUNIOR HIGH SCHOOL, MOST PATRIOTIC JUNIOR HIGH SCHOOL IN THE VETERANS DAY PARADE: CERTIFICATE OF RECOGNITIONPACHECO HIGH SCHOOL, MOST PATRIOTIC HIGH SCHOOL IN THE VETERANS DAY PARADE. Mayor Pro Tern Lambert presented and read the Certificate of Recognition - Daniel Freeman, Fire Captain, City of Los Banos Employee of the Month for October 2022 for which Fire Chief Tualla accepted on his behalf. Mayor Pro Tern Lambert along with representatives from the VFW presented and read Certificate of Recognition - Mercey Springs Elementary, Most Patriotic Elementary School in the Veterans Day Parade; Certificate of Recognition - Los Banos Junior High School, Most Patriotic Junior High School in the Veterans Day Parade; Certificate of Recognition - Pacheco High School, Most Patriotic High School in the Veterans Day Parade who were in attendance to accept.

PUBLIC FORUM: MEMBERS OF THE PUBLIC MAY ADDRESS THE CITY COUNCIL

MEMBERS ON ANY ITEM OF PUBLIC INTEREST THAT IS WITHIN THE JURISDICTION OF THE CITY: INCLUDES AGENDA AND NON-AGENDA ITEMS. NO ACTION WILL BE TAKEN ON NON-AGENDA ITEMS. SPEAKERS ARE LIMITED TO A FIVE (5) MINUTE 5151
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. CLAUDIA NUNES read a poem titled American Flag that she wrote regarding what she has been dealing with regarding the homeless encampment issues she has been dealing with, spoke regarding a lady that fell down at the Post Office because of skateboarders in the area and how badly injured they were and the terrible things the skateboarders said to the people there, how a Police Officer drove by and didn't stop, the skateboarders are from the homeless encampment, something needs to be done, they do not follow rules, a program in Fresno called Heart, in Sacramento the Homeless Squad, how in the mobile home park they follow the rules and how they need help desperately, her plumbing needs to be repaired but can't fix it and no one helps her but you run out to help the homeless, she is fed up with the City not doing a damn thing before something bad happens; SHANDRA LEWIS, Rancho Los Banos Mobilehome Park, stated that she has been coming to Council Meetings to talk about the many issues they are having with the homeless encampment, how Merced County arrested someone for the damage they did at Bear Creek referring to an article and why can't Los Banos arrest people, but you put them in a space where you can't see them and leave it up to us to identify them, why can't we arrest them for destroying property, look at what Merced County has done and arrest them and hold them accountable, she is against thieves and people who harm others, she is against destruction and mayhem; ANN McCAULEY, Los Banos, spoke regarding the homeless that she hopes they hang around because there is an item on the agenda to address some of the homeless concerns, at the last meeting the landscaping contract was going to be amended to add more time to redo an RFP, how do you expect the next one to be all that much better if it is just the basics and just adding oversight, she feels you need to fix the areas that need to be fixed, the different water districts in the area really need to collaborate to improve our political standing to work together to have a lot more power going forward, water is just a finite quantity and how important managing the water is, need more water coming into the central valley; DOMINGO SANDOVAL spoke regarding his Los Banos Christmas Toy Drive and asked for help and how he has 355 families that need help this Christmas, help us help these families, let's make Los Banos better, would like to give away the toys in the Plaza with Santa Claus there and would appreciate the help; GALETTE SANCHEZ, Los Banos, Executive Director of the Los Banos Chamber of Commerce, spoke about the upcoming Christmas Parade being held on December 3, 2022 at 6 pm, asked the community to participate and donate; SHERYL SEROS, Los Banos, stated that she was formerly homeless, and is only speaking about the homeless as "those people" because it upsets her, she spoke to how the City is helping the homeless to make sure there are no needles, there was stench and an accident with the portapotty that was dealt with, the homeless are people too and they have lost everything they have and are just trying to survive, a gentleman is coming to town with hopefully a solution and she is doing whatever she can to help the situation, how she has reached out to Council Member Lewis, and how we are all Christians and we should act like it; BLANCHE WILLIAMS, Elks Lodge, gave a report about the Halloween Contest we had for pets and the purpose of the fundraiser to buy kibbles.

Mayor Pro T em Lambert asked the City Clerk if she had received any comments to be read into the record. City Clerk Mallonee stated she received the following comments that are on file with the City Clerk: CHARLOTTE DAVIS, wrote regarding her background before coming to Los Banos 5 years ago, desire to see Los Banos grow in a responsible way, what she loves about Los Banos, what needs to be better about Los Banos, how her husband 5252
has attended Council Meetings and is a VITAL Volunteer and has decided to run as a writein candidate for Mayor and is taking a grassroots approach, and encouraged all to vote for him; KASEY MILLER wrote regarding her concerns with the homeless encampment behind Rancho Los Banos Mobilehome Park, how it smells like a landfill, there is garbage everywhere, would like to see some improvement, spoke regarding Raisin City in Fresno and what they are doing for the homeless, how they have been begging for help with their situation with the homeless encampment, false claims of exaggeration, asking the churches to open up their parking lots to house them, it has taken to long for the Council to do something about the situation, they need immediate solutions right now and feels they have failed the citizens of Los Banos; JOHN CIUFFO wrote regarding concerns regarding bushes at his home being wrongly cut down, how he was not notified of this happening, how he's had this type of action happen at his other home with the sidewalk was being repaired and his sprinklers were removed, he wants to know why he wasn't notified and who is to be held responsible for these actions, and would like some guidance and answers to his questions so that this may resolve it from happening in the future. No one else came forward to speak and the public forum was closed.

CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Council Member Lewis remove item E - City Council Resolution No. 6580 - Authorizing the Interim City Manager to Enter into the Eleventh Amendment to Landscape Maintenance Contract between the City of Los Banos and Ronnys Inc. through March 30, 2023 for discussion and approval.

Motion by Lewis, seconded by Jones to approve the consent agenda, with the removal of item E- City Council Resolution No. 6580 - Authorizing the Interim City Manager to Enter into the Eleventh Amendment to Landscape Maintenance Contract between the City of Los Banos and Ronnys Inc. through March 30, 2023, as follows, with the removal of : Check Register for #235742 - #235934 in the Amount of $1,337,108.25; First Quarter Investment Report for the 2022/2023 Fiscal Year; City Council Resolution No. 6578 - 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. 6579 -Approving Closure of Non-Essential City Offices on Friday, December 23, 2022 and Friday, December 30, 2022; City Council Resolution No. 6580 Authorizing the Interim City Manager to Enter into the Eleventh Amendment to Landscape Maintenance Contract between the City of Los Banos and Ronnys Inc. through Maroh 30, 2023.; City Council Resolution No. 6581 - Approving a Side Letter Agreement / Memorandum of Understanding by and between the City of Los Banos and the Public Employees' Union Local One/AFSCME (Public Works Unit) Regarding Mid-Contract Salary Increases and Essential Worker Payments; City Council Resolution No. 6582 -Approving a Side Letter Agreement/ Memorandum of Understanding by and between the City of Los Banos and the Los Banos Police Dispatchers/Community Services Officers Association Regarding Mid-Contract Salary Increases and Essential Worker Payments; City Council Resolution No. 6583 - Approving a Side Letter Agreement / Memorandum of Understanding by and between the City of Los Banos and the Los Banos Fire Fighters Association Regarding Mid-Contract Salary Increases and Essential Worker Payments; City Council Resolution No. 6584 - Approving a Side Letter Agreement I Memorandum of Understanding by and between the City of Los Banos and the Los Banos Police Officers Association Regarding Mid-Contract Salary Increases and Essential Worker Payments; City Council Resolution No. 6585 - Approving a Side Letter Agreement / Memorandum of Understanding by and between the City of Los Banos and the Los Banos 5353
Police Sergeants Association Regarding Mid-Contract Salary Increases and Essential Worker Payments; City Council Resolution No. 6586 - Amending and Approving Division 4, Salary Schedule - Employee Classifications Relating to Citywide Salary Increases and Authorizing Essential Worker Payments. The motion carried by the affirmative action of all Council Members present.

City Council Resolution No. 6580 - Authorizing the Interim City Manager to Enter into the Eleventh Amendment to Landscape Maintenance Contract between the City of Los Banos and Ronnys Inc. through March 301 2023. Council Member Lewis spoke to what she would like to see with the new contract and that she would like to see all the RFPs come back to City Council for review and approval. Public Works Director/City Engineer Than explained staff's the new approach and Interim Finance Director explained staff's plan as to the association costing and contact options.

Motion by Lewis, seconded by Jones to approve City Council Resolution No. 6580 - Authorizing the Interim City Manager to Enter into the Eleventh Amendment to Landscape Maintenance Contract between the City of Los Banos and Ronnys Inc. through March 30, 2023. The motion carried by the affirmative action of all Council Members present.

CONSIDERATION OF AUTHORIZING TWO (2) NEW HOUSING/HOMELESS POSITIONS IN THE COMMUNITY & ECONOMIC DEVELOPMENT DEPARTMENT; CITY COUNCIL RESOLUTION NO. 6587 - AMENDING DIVISION 4, SALARY SCHEDULE - EMPLOYEE

CLASSIFICATIONS RELATING TO CHANGES TO SECTION C - COMMUNITY & ECONOMIC DEVELOPMENT DEPARTMENT AND BUDGET AMENDMENT. Interim City Manager Wellman stated that in light of the many meetings that you have regarding this topic and trying new things and have some integration in terms of our overall housing efforts, this will be a specific assignment for a full time non-sworn positions, which is financially sustainable for the long-term future. Interim Finance Director Kuhn presented the staff report.

There was Council Member and staff discussion regarding pleased to see that grant writing will be part of the job functions, how the Governor is not going to distribute homeless funds because the cities are not doing enough and how Bay Area Mayors are coming out in opposition, where does that leave small cities like us, there is a different in advocacy and actual services, services may or may not be there but even with outreach they do not have to take it and therein lies the difference, they really need help to regain their lives and our government has failed California who are mentally ill, hopeful and interested to see if we can move this problem and make something happen, happy to see that reunification as a topic, should not have been laid in the Police Department, hope for these positions to be selffunded with grants and partnerships with other agencies, don't feel like we have to reinvent the wheel but perfect it, and how this will allow us to leverage to the maximum and provide much needed relief.

Motion by Lewis, seconded by Llamas to adopt City Council Resolution No. 6587 - Amending Division 4, Salary Schedule - Employee Classifications Relating to Changes to Section C - Community & Economic Development Department and Budget Amendment.

The motion carried by the affirmative action of all Council Members present. 5454
MERCED COUNTY SIXTH CYCLE MUL Tl-JURISDICTIONAL HOUSING ELEMENT:

CITY COUNCIL RESOLUTION NO. 6588- TO PARTICIPATE IN THE MERCED COUNTY MUL Tl-JURISDICTIONAL HOUSING ELEMENT, COST SHARING AGREEMENT, AND ADOPTING A REVISED BUDGET FOR FISCAL YEAR 2022/2023 AS IT PERTAINS TO EXPENDITURES. Community & Economic Development Director Elms presented the staff report.

There was Council Member and staff discussion regarding if this would alleviate some of the burden and responsibility when it comes to house numbers, this will not change our responsibility for our housing numbers as they cannot be shared, if we have a recession and building stops, are we in the clear, there is criteria that will still have to be met, how this will affect low income developments, fiscal impact of $35,000 in addition or including to the $88,000, cost share agreement, what MCAG is responsible for, wanting to make sure it is equitable for Los Banos, how does it bind us to it, can we decide later to withdraw without penalty, and if any of the cities don't go with this will it affect our costs if they don't.

Motion by Lewis, seconded by Llamas to adopt City Council Resolution No. 6588 - To Participate in the Merced County Multi-Jurisdictional Housing Element, Cost Sharing Agreement, and Adopting a Revised Budget for Fiscal year 2022/2023 as it pertains to Expenditures. The motion carried by the affirmative action of all Council Members present.

CITY MANAGER REPORT. Interim City Manager Wellman stated a giant thank you to Council Members with the earlier vote of substantial salary increases and recognizing your employees and the great job they do, this is probably in the last several decades the best position he has experienced in any jurisdiction, this will allow us to compete for applicants and you will see some significant results from this; he is required as Interim City Manager to provide the Council with 30 days written notice and he will do his best to make it through the calendar year and will work with the City Attorney, Finance Director and city personnel on that, your departments are working at full speed and he is concerned at the level of work they are working at, and would caution all to not get caught speeding.

ADVISEMENT OF PUBLIC NOTICES. (No Report)

REPORT/UPDATE ON MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG), PENINSULA CLEAN ENERGY (PCE), AND MEASURE V COMMITTEE. Council Member Lewis stated that she had previously asked our City manager to add the San Joaquin Valley Air Pollution Control District to this item and she spoke regarding the planning session she attended last week, topics included healthy air for school districts, purchasing electric buses, smaller communities have funds reserved for them, no idling signs, EPA was there, a lot of restrictions coming down on our farmers, impact on drought and water, fire prevention, system called STAR that the employees at the Air District participate in which she thinks is a great program.

CITY COUNCIL MEMBER REPORTS.

DEBORAH LEWIS: Reiterate that we need to figure out a way to bring back levels for the landscaping RFP for Council to consider options and variables and would like to step up or landscaping services, spoke regarding a letter from a resident who had bushes cut; hoping this was a major oversight, was thankful for the Veterans Day Parade but we had a situation 5555
during the parade where one of our Council Members, who are both veterans, but only one had a biography read during the event and the other did not, she wants to make sure if it was an oversight and that it does not happen again, how she felt badly for Mr. Llamas who was not given a biography as he is a 22+ year veteran and felt he deserved to be spoken about too.

REFUGIO LLAMAS: Thanked city staff, both current and former, it has been a fantastic privilege to sit in this capacity, he thanked God for it and it came right at the right time, he did his duty as best he could, many key accomplishments were done over the last few years, city has continued to function on thanks to our staff, wishes we would have taken more action on the homeless encampment situation and spoke to what is happening out there, our primary responsibility is public safety, feels tiny homes is a good option for the homeless encampment, would like to talk about the Chamber of Commerce that is in dire straits and if we are spending money on the downtown we should also consider giving something to the Chamber of Commerce, congratulated Mr. Begonia on his election to office, he seems to be a nice man and his intentions are good, thanked staff for bearing with his difficult questions, thanked Mr. Wellman for his tremendous service to the city, especially the water issues, working with staff and gelling them together, spoke to the Veterans Day Parade and knows there is no ill will, those things happen and he appreciates the work they do and the hard work they put in it and looks forward to next year's parade, and offered Merced County's assistance.

BRETT JONES: No report
KENNETH LAMBERT: Thanked staff for the great reports tonight, we care about our residents and our city employees and invited everyone to the 26th Annual Holiday Open House on December 7, 2022 beginning at 4:30 PM here in the City Hall lobby.

ADJOURNMENT. Motion by Jones, seconded by Llamas, the meeting was adjourned at 8:02 p.m.

APPROVED:

Kenneth Lambert, Mayor Pro Tern
ATTEST:

Lucille L. Mallonee, City Clerk
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LOsBanos
Agenda Staff Report
TO:

FROM:

DATE:

Mayor & City Council M~ rs
Paul Tualla, Fire Chiet(V
Dec·ember 7, 2022
SUBJECT: Measure P Oversight Committee
TYPE OF REPORT: Consent Agenda Item
Recommendation:

It is recommended that Council accept the findings of the Measure P Oversight Committee Members
Background:

On October 6, 2022, the Measure P Oversight Committee met to discuss and review the quarterly reports for the FY 2020/2021 Fourth Quarter and FY 2021/2022 First, Second and Third Quarters.

Discussion:

Attached is a letter from the Committee Members agreeing that the quarterly expenditures are in accordance with the Measure P guidelines.

Attached are the minutes from October 6, 2022 Measure P Oversight Committee Meeting.
5757
The Measure P Committee Members continue to be very vigilant and responsible in insuring funds are spent as required by the Measure.

Reviewed by:
~~Brent Kuhn, Interim Finance Director
Attachments:
o Letter from Measure P Oversight Committee
o Minutes from October 6, 2022 Measure P Oversight Committee Meeting Staff report- Measure P Committee (12-07-22).doc
5858
Measure P Oversight Committee
November 7, 2022
City of Los Banos City Council
Citizens of the City of Los Banos
520 J Street
Los Banos, CA 93635
Dear Council Members and Citizens of Los Banos,
The Measure P Oversight Committee met on October 6, 2022 to discuss and review the FY 2020/2021 Final Fourth Quarter Measure P Report and FY 2021/2022 First, Second and Third Quarter Measure P Reports.

The Quarterly Measure P Budget Reports were approved as submitted by all members present.

We have also attached a summary (minutes) from the meeting for your review.

We as a committee are committed to be vigilant to ensure the citizens of Los Banos that Measure P Funds are spent correctly.

Sincerely,
Diana Thurston
Absent
TomNeeb
~/ /
Absent
TimMcNally
Absent
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CITY OF LOS BANOS

MEASURE P COMMITTEE MEETING MINUTES
October 6, 2022
ACTION MINUTES - These minutes are prepared to depict action taken for agenda items presented to the Measure P Committee.

CALL TO ORDER: Acting Fire Chief Ray Reyna called the Measure P Committee Meeting to order at the hour of 5:39 p.m. from the Los Banos Fire Department, 333 7th Street, Los Banos, CA.

PLEDGE OF ALLEGIANCE: Acting Fire Chief Reyna led the pledge of allegiance.

ROLL CALL - MEMBERS OF THE MEASURE P COMMITTEE PRESENT: Oversight Committee Members Mark Bodley, Gerald Giesel, Richard Stewart, DJ Barcellos.

Absent: Diana Thurston, Tim McNally and Tom Neeb.

STAFF MEMBERS PRESENT: Acting Fire Chief Ray Reyna, Accounting & Budget Supervisor Tomas, Administrative Coordinator Ciuffo.

PUBLIC FORUM: MEMBERS OF THE PUBLIC MAY ADDRESS THE MEASURE P

COMMITTEE MEMBERS ON ANY ITEM OF PUBLIC INTEREST THAT IS WITHIN THE JURISDICTION OF THE COMMITTEE: INCLUDES AGENDA AND NONAGENDA ITEMS. NO ACTION WILL BE TAKEN ON NON-AGENDA ITEMS.

SPEAKERS ARE LIMITED TO A FIVE (5) MINUTE PRESENTATION. No one came forward to speak and the public forum was closed.

REVIEW OF FISCAL YEAR 2020/2021 FINAL FOURTH QUARTER MEASURE P REPORT AND FISCAL YEAR 2021/2022 FIRST, SECOND AND THIRD QUARTER MEASURE P REPORTS. Committee Member Gerald Giesel made a request to review the last quarter report only; Third Quarter Measure P Report. Each committee member agreed. City Accounting and Budget Supervisor Tomas presented the staff report.

Tomas reviewed the Third Quarter Measure P Report and explained that revenues for Police are at 68% and Fire are at 70%. The difference in the revenues is due to a lag in payment from the state. Expenditures are at 73% for Police. Expenditures for Fire are at

5.9.o/!>~_which is dµe to staffing shortage~. TbJtFire QeP..g_1J1merit is cq_rrently hiring seyeral positions to fill the vacant spots. -
Committee Member Giesel had a questiorfabout the Police Department having a higher dollar amount than the Fire Department in the Cash and Fund Balance. Tomas explained the difference was due to the Fire Department completing the Training Tower whereas the Police Department has not completed their new police station project.

Tomas shared changes made by the new interim Finance Director regarding the new Police Station. Capital outlay funds in Measure P were moved into a capital project fund to pay for all invoices pertaining to the new Police Station. 6161
Committee Member Gerald Giesel asked if other agencies are using the new Training Tower and if we are charging them? Commander Reyna shared that we are currently not renting out the tower. He will leave that decision to the new Chief when he starts November 1st• Commander Reyna also explained that in the future it will be more cost effective to host trainings using the Training Tower rather than paying our staff to go elsewhere. Committee Member Giesel requested a tour of the new tower in the near future.

City Accounting and Budget Supervisor Tomas shared news of the Los Banos Police Department's groundbreaking ceremony. 14 million has been funded through a loan which will be paid back by Measure P. The city will fund the remaining 13 million towards the new facility through Measure P, impact fees, and the general fund.

Committee Member DJ Barcellos mentioned COVID has helped our local economy when it comes to Measure P funds.

UPDATE ON THE NEW POLICE FACILITY
Commander Reyna gave an update on the progress of the new facility. A half-cent sales tax passed years ago that would help fund a new police station. Since the start of construction, the Project Management Team meets weekly to go over progress. A layout of the new facility was presented and each room was explained throughout the facility. Committee Member DJ Barcellos questions the doors from the exterior to the interior on the evidence room. Commander Reyna shared the plans of having a security gate around the facility that will keep the public from this area. Commander Reyna announced new plans for Public Works to build an overflow parking lot on the west side of the Police Station to help with their staff parking at the Yard across the street.

STAFF MEMBER REPORTS
Fire Department: Commander Reyna announced the hiring of new Fire Chief Paul Tualla. His start date is November pt_ Chief Tualla's contract was ratified at the last City Council meeting. The new Chief met with Fire Staff to introduce himself. Committee Member Richard Stewart asked what his long-term goal was. Commander Reyna has mentioned during his conversations with Chief Tualla the importance of hiring someone who has plans to stay here long term. Administrative Coordinator Mary Lou Gilardi retired and Rachelle Ciuffo was promoted to take her place. Interviews for Administrative Clerk were done last month and the position was offered to Rachel Guerrero. She is having her medical evaluation and live scan done this week. Her -a·n-tfcTpated start date will be November fs(captain Roger Hugh.es retired September _ ------+12,,,_.t...._h _ _,We-are-eurrently in the--r-ecruitme~-eeess--fer-1-G-al:)tai-A, 2 -Engineers --and-2 - - --- Firefighters. Engineer Kevin Spencer -was recently promoted from Firefighter to ··- Engineer. The staffing levels for the Fire Department are in a crisis with only 4 Firefighters working the city a day. There is an Auto-Aide Agreement with Merced County Fire that assists on major incidents for additional manpower.

Police Department: Commander Reyna shared the staffing struggles the Police Department is facing. They have lost several employees to surrounding cities. There has been a challenging drawing employees to work here; the Bay Area is making it hard 2 6262
to compete due to higher wages. Recruitment for police officers is constant. Committee Member DJ Barcellos asked if there is any incentives for staff to stay. Commander Reyna explained the sign on bonus available but it does not seem to be enough to keep staff.

MEASURE P COMMITTEE MEMBER REPORTS:

DIANA THURSTON: Administrative Coordinator Rachelle Ciuffo read a resignation letter from Committee Member Thurston. A motion was accepted by Committee Member Gerald Giesel and seconded by Committee Member Richard Stewart.

DJ BARCELLOS: Committee Member Barcellos thanked Commander Reyna for his presentation of the new Police Station. Diana Thurston has been a great friend over the years. When Measure P came along, she reached out to me to be part of the committee and after few years, she convinced me. I would like to thank her for encouraging me to get involved with Measure P.

MARK BODLEY: Committee Member Bodley expressed his desire to have a committee meeting at the new Police Station once it is built. He looks forward to seeing it built and staffed.

GERRY GIESEL: Committee Member Giesel thanked Commander Reyna for his presentation of the new Police Station. Since being on Measure P, he has enjoyed seeing all the accomplishments that have been successful through this tax measure.

Measure P support is always needed to help support city staff and the citizens of Los Banos.

RICHARD STEWART: Committee Member Stewart is grateful to be a part of this committee. He is excited to see the Police Station complete and was honored to be a part of the ground breaking ceremony with opening prayer. He has been with the Police Department since 1996 and is excited to see this new facility built.

ADJOURNMENT:

There being no further business, Fire Chief Hurley adjourned the meeting at 7:02 p.m.

Respectfully submitted,
/' IL (, ~ 2- e-e~
Rachelle Ciuffo
Administrative Coordinator
Measure P Min221007 .doc
---------
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At (re · 1 ul ·
Agenda Staff Report
TO: City Council
FROM: William A. Vaughn, City Attorney
DATE: December 7, 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 A8361 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. 6565

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. On October 17, 2022, Governor Gavin Newsom announced that the COVID-19 State of Emergency will end on February 28, 2023. This will significantly impact the ability for the City to continue to meet under the authorization and procedures established by AB 361 before it sunsets at the end of 2023. Absent a change in the Governor's plans, at that point, COVID-19 will no longer be a valid basis to hold emergency teleconference meetings pursuant to AB 361.

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. 6666
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 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.
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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 6969
WHEREAS, Governor Gavin Newsom declared a statewide emergency over the COVI D-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:
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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 7th day of December 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
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TO:

FROM:

DATE:

LOsBanos
Agenda Staff Report
Mayor Pro-Tern and Council Members
Ray Reyna, Police Commander r
December 7, 2022
SUBJECT: Acceptance of a UC Davis Spay Neuter Grant in the Amount of $50,000.00
TYPE OF REPORT: Consent Agenda
Recommendation:

That the City Council approve the acceptance of a UC Davis Spay Neuter Grant, in the amount of $50,000.00 and approve an increase in City revenues and expenditures in the amount of $50,000.00 for Fiscal Year 2022 - 2023.

Discussion:

The Police Department has applied for and been awarded a 1-year UC Davis Spay and Neuter Grant in the amount of $50,000.00. The grant was awarded on November 28, 2022 and the project period for this grant is December 15, 2022 - December 14, 2023, extending a portion of this grant cycle into the 2023- 2024 Fiscal Year. Funding from this grant will be used to provide additional spay/neuter services from licensed veterinarians through the Los Banos Animal Shelter. The program will continue to be supervised by Animal Control Division staff.

The Police Department is also in the final stages of entering into a professional services agreement with a veterinarian and this grant will be instrumental in making this agreement successful. This agreement has been reviewed and approved by the City Attorney.
7373
The budget for this grant, including account numbers are as follows:

Revenues:

Other Grants: 1 00-000-339-01 0 $50,000.00
Expenditures:

Spay/Neuter Program: 1 0D-429-170-273 $50,000.00
Fiscal Impact:

Revenues and Expenditures for the Fiscal Year 2022 - 2023 will increase in the amount of $50,000.00. Impact to the General Fund will involve staff time supervising the program. A portion of this grant period will extend into the 2023 - 2024 Fiscal Year budget period.

Reviewed by:
~(¼vlBrent Kuhn, Interim Finance Director
Attachments:

Resolution
Award Document
7474
RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS APPROVING THE

ACCEPTANCE OF A UC DAVIS SPAY NEUTER
GRANT IN THE AMOUNT OF $50,000.00 AND
AMENDING THE 2022 - 2023 FISCAL YEAR

BUDGET BY INCREASING THE

APPROPRIATION AMOUNT FOR

EXPENDITURES AND REVENUES IN THE
AMOUNT OF $50,000.00
WHEREAS, the Police Department has applied for and been awarded a 1-year UC Davis Grant in the amount of $50,000.00 to fund additional spay/neuter services through the Los Banos Animal Shelter; and
WHEREAS, there has been presented to the City Council of the City of Los Banos a proposal to increase the appropriation limit in the City Budget for the 2022- 2023 Fiscal Year; 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 2022-2023 Fiscal Year by action to amend this budget.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby approve the acceptance of the UC Davis Spay Neuter Grant in the amount of $50,000.00 and an increase to the appropriation limit for revenues and expenditures in the amount of $50,000.00 within the Departments Other Grants Fund.

The budget for this grant, including account numbers is as follows:

Revenues:

Other Grants: 100-000-339-010 $50,000.00
Expenditures:

Spay/Neuter Program: 100-429-170-273 $50,000.00
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 7th day of December 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:
7575
APPROVED:

Kenneth Lambert, Mayor Pro-Tern
ATTEST:

Lucille L. Mallonee, City Clerk
7676
UC Davis Agreement# __ _

SHELTER SERVICES AGREEMENT
(Los Banos Animal Shelter)
THIS SHELTER SERVICES AGREEMENT ("Agreement") is made and entered into as of the date last signed below by and between THE REGENTS OF THE UNIVERSITY OF CALIFORNIA ("University") on behalf of its Davis Campus School of Veterinary Medicine on behalf of its Koret Shelter Medicine Program ("Facility") and LOS BANOS ANIMAL SHELTER ("Shelter") in connection with the California for All Animals statewide animal shelter assistance program ("Program").

The parties agree as follows:

1. Shelter Services. Shelter shall adhere to the scope of work described in "Exhibit A", attached hereto and by this reference made a part hereof ( collectively the "Services"). University shall reimburse Shelter for costs ("Expenses") pursuant to Section 2 below and as outlined in Exhibit A. "Deliverables" shall consist of report(s) and photographs, as applicable, as more fully described in Exhibit A. Additional work shall be performed only if authorized in advance by written amendment to this Agreement executed by both parties. To the extent that any provision of Exhibit A is inconsistent with this Agreement, this Agreement shall take precedence.

2. Payment by University. In consideration of Shelter's Expenses as described in Exhibit A, Facility shall pay Shelter an amount not to exceed $50,000 upon invoice from Shelter and fmal signature of this Agreement. Payment questions should be addressed to Nancy Bei at telephone number (530) 754-9183 or at e-mail address nmbei(@,ucdavis.edu.

3. Term. Services shall be rendered from December 15, 2022 through December 14, 2023.

4. Endorsement Disclaimer. Nothing in this agreement shall be interpreted to indicate, imply, or otherwise suggest (i) that University supports, endorses, favors, or advances, any product or service offered, connected, or affiliated with Shelter; or (ii) that University endorses, favors, supports, or opposes, any proposal, measure, program of action, campaign, or public appeal that is advocated, promoted, advanced, or opposed by any other person or entity with respect to the subject matter presented by Shelter.

5. Amendment. This Agreement may be amended at any time by amendment in writing and signed by the parties, and no other change in any term or condition shall be valid or binding unless made by amendment.

6. Mutual Indemnification. The parties agree to defend, indemnify and hold one another harmless from and against any and all liability, loss, expense, attorneys' fees, or claims for injury or damages arising from the performance of this agreement, but only in proportion to and to the extent such liability, loss, expense, attorneys' fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of the indemnifying party, its officers, agents, students, or employees.

UCO# -- 1 of4
7777

7. Insurance. The parties at their own respective costs shall carry sufficient insurance, or programs of self-insurance (general liability, workers' compensation, and auto liability), adequate to cover any claims arising from their respective activities under this Agreement.

8. Force Majeure. Neither party shall be liable for damages suffered by the other party because of University's or Shelter's failure to perform if failure is due to any cause beyond that party's control.

9. Relationship of the Parties. The parties to this Agreement shall be and remain at all times independent contractors, neither being the employee, agent, or representative of the other in their relationship under this Agreement.

10. Use of University's Name. Shelter shall not use the name or mark of University in any form or manner in advertisements, reports, or other information released to the public without the prior written approval of University.

11. Notice. Any notice, request, or inquiry regarding the provisions of this Agreement, its termination, or similar matters shall be directed to the appropriate party at the following address:

UNIVERSITY (regarding contracts)
Valerie A. Roque
Business & Revenue Contracts
University of California, Davis
One Shields Ave.

Davis, CA 95616
E-mail: [email protected]
UNIVERSITY (regarding project)
Karol Tapias
School of Veterinary Medicine
University of California, Davis
One Shields Ave.

Davis, CA 95616
E-mail: [email protected]
SHELTER (regarding contracts)
Ivan Mendez
Animal Shelter Supervisor
Los Banos Animal Shelter
945 5th Street
Los Banos, CA 93625
E-mail: [email protected]

12. University's Right to Use Data. University shall have the unrestricted right to use for its own purposes, including publication, any data or information which may be developed, provided by or arising in connection with the performance of this Agreement.

13. Governing Law. This Agreement shall be construed pursuant to California law.

14. Federal Exclusion Warranty. Shelter warrants that it is not excluded from participation in any governmental sponsored program, including, without limitation, the Medicare, Medicaid, or Champus programs (http://exclusions.oig.hhs.gov/search.html) and the Federal Procurement and Nonprocurement Programs (https://www.sam.gov/index.htmV##l 1#1). This agreement shall be UCD# __

Page 2 ends

7878
subject to immediate termination in the event that Shelter is excluded from participation in any federal healthcare or procurement program.

15. Audit Requirements. The Agreement, and any pertinent records involving activities related to the services provided pursuant to the terms and conditions of this Agreement, shall be subject to the examination and audit of the California State Auditor and any other duly authorized agents of the State of California for a period of three (3) years after the date of final payment hereunder.

Shelter hereby agrees to make all such records available during normal business hours to inspection, audit and reproduction by University and any duly authorized local, state and/or federal agencies. Any and all examinations and audits conducted hereunder shall be strictly confined to those matters connected with the performance of this Agreement, including, without limitation, the costs associated with the administration of this Agreement.

16. Termination. University may terminate this Agreement at any time by giving Shelter thirty (30) calendar days' written notice of such action. If this Agreement is terminated, Shelter shall retain any funds expended or committed for the purposes of this Agreement and will return any unexpended funds.

17. Entire Agreement. This Agreement constitutes the entire understanding of the parties respecting the subject matter hereof and supersedes any prior understanding or agreement between them, written or oral, regarding the same subject matter.

AGREED:

LOS BANOS ANIMAL SHELTER
By:---------
( authorized signature)
Print name: --------
Title: --- --- - - ---
Date: __________ _

THE REGENTS OF THE

UNIVERSITY OF CALIFORNIA
By: ________ _
UC Davis
Date: ----------
UCD#

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7979
Exhibit A
Scope of Work

1. Purpose of the work: Los Banos Animal Shelter will implement a spay/neuter program at their facility as well as provide training and education for their staff to support the program.

2. Roles and responsibilities of each party: Los Banos Animal Shelter will utilize the funds for spay/neuter services at their shelter, and for training and education for their staff. No university equipment will be used.

3. Dates and times will the work be completed: Work will be completed during the contract period of December 15, 2022 through December 14, 2023.

4. Location where work will be performed: 945 5th Street, Los Banos, CA 93625

5. Required deliverables: One.final report will be required upon completion of the program. Additional touch points during the grant will be discussed with project officer. Organization is asked to keep track of the total number of surgeries per species used with grant funds, number of veterinary and non veterinary staff trained, total amount spent on supplies and equipment, and number of spay/neuter events held.

6. Project milestones: Program pilot to be completed by December 14, 2023.

7. Total cost of the services: Total of services not to exceed $50,000. No construction costs will be funded through this grant.

Items:
• Spay/Neuter Services
• Supplies
• Education/Training
Total expenses: $50,000
$34,000
$10,000
$6,000

8. Payment schedule: Payment will be upon execution of the agreement.

9. Anticipated additional work: Additional work is not anticipated at this time.

UCD# __
4 of4
8080
LOsBanos
At the Crossroads of Califontia
Agenda Staff Report
TO: Mayor Pro Tern and City Council Members
FROM: Soknirom Than, P.E., Public Works Director/City Engineer~[ __ _ DATE: December 7, 2022
TYPE OF REPORT: Consent Agenda
SUBJECT: Contract Award for Pavement Survey and Pavement Management System Implementation
Recommendation:

That the City Council adopts the Resolution to:
• Award the contract for Pavement Survey and Pavement Management System Implementation to AMS Consulting and authorize the City Manager to execute the Contract Agreement in the amount of $47,560. Staff is requesting a 10% contingency of $4,756. The administration of this contract, including the 10% contingency, is to be performed by the Public Works Director/City Engineer; and • Amend the Fiscal Year 2022-23 Budget by increasing appropriation amount in the Streets Fund (100-431-210-231) in the amount of $12,316.

Discussion:

The City currently maintains approximately 139 center miles (approximately 280 lane miles) of streets throughout the City. The City has a goal to survey the streets conditions every 4-5 years, and to have a reliable pavement management system ("PMS") to develop and plan the City's pavement rehabilitation projects. The last survey was completed in 2018 through a joint effort with MCAG. The current Paver data includes approximately 2000 street sections.

Currently, the City utilizes an asset management software, Cartegraph, to manage maintenance history, work order request, and expenditure tracking for our overall street 8181
network. Unfortunately, Cartegraph does not synchronize with Paver and the street segments created in Paver are not compatible with Cartegraph.

It is our objective to convert the existing data from Paver into a new PMS, StreetSaver, with new inspection and pavement condition data for the City road network. This new data will be compatible with Cartegraph and allow for better synchronization between the two systems.

StreetSaver is a widely used Pavement Manage System that allows for a holistic view of the City Pavement Management strategies. These features include Budget Needs Assessment, Project Selection, GIS Integration, Maintenance and Rehabilitation Tracking, and Scenarios Forecasting.

Staff released the Request for Proposal on Monday, October 3, 2022. The proposal was due on Tuesday, November 1 , 2022. Public Works Department, through the office of the City Clerk, received three (3) proposals from the following firms:

Firm Location Rankino
AMS Consulting Pleasanton 1
Harris & Associates Concord 2
Applied Research Associates, Inc Ventura 3
Staff reviewed each of the proposals and AMS Consulting was ranked the highest. The basis of award for this contract is based on the requirements listed in the Request for Proposal. Staff is recommending AMS Consulting be awarded the contract for Pavement Survey and Pavement Management System Implementation in the amount of $47,560.

As such, staff is recommending that the contingency be set at ten percent (10%) at $4,756. This contingency will allow for inclusion of newly accepted streets that are not currently in the system and training hours for Streets Division Staff.

Upon the completion of the survey, staff will present a State of the Street Presentation to City Council with three different budget alternatives. These alternatives will be the guiding principle for street selections and prioritization for the next 3 - 5 years.

Fiscal Impact:

The project has been budgeted in account 100-431-210-231 of the 2022-23 fiscal year for the amount of $40,000. Due to the proposal result above, staff is recommending City Coun ·1 to amend the Fiscal Year 2022-23 Budget by increasing appropriation amount in the reets Fund in the amount of $12,316. This brings the total budget to $52,316 for this pro·
Brent Kuhn, Interim Finance Director
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Attachments:

Resolution
Proposal Opening Sheet
Contract Agreement
2022-2023 Fiscal Budget Sheet
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RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS AUTHORIZING AWARD OF

CONTRACT TO AMS CONSUL TING IN THE
AMOUNT OF $47,560 WITH A 10%
CONTINEGENCY IN THE AMOUNT OF $4,756

FOR THE PAVEMENT SURVEY AND PAVEMENT

MANAGEMENT SYSTEM IMPLEMENTATION

AND ADOPTING A REVISED BUDGET FOR THE
FISCAL YEAR 2022-23 AS IT PERTAINS TO THE

STREETS FUND
WHEREAS, City of Los Banos Public Works Department received proposals on November 1, 2022 for the purpose of a pavement survey and pavement management system implementation; and
WHEREAS, the Selection Committee determined, after receiving proposals, that AMS Consulting provided the highest rank proposal based off the requirements listed in the Request for Proposal; and
WHEREAS, the Public Works Department requests the City Council authorize the contract with AMS Consulting for $47,560 with a 10% contingency in the amount of $4,756; and
WHEREAS, the Public Works Department requests the City Council authorize the Interim City Manager to execute the Contract Agreement with AMS Consulting and authorize the Public Works Director/City Engineer to administer the Contract including the 10% contingency; and
WHEREAS, the City Council of the City of Los Banos has been presented a proposal to increase appropriations in the Fiscal Year 2022-2023 Budget; and WHEREAS, the proposed amendment to the Fiscal Year 2022-2023 would increase expenditures by $12,316 in the Streets Fund (100-431-210-231 ).

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby:
1 . Accept and award the contract agreement to AMS Consulting in the amount of $47,560, with a 10% contingency in amount of $4,756, authorizes the Interim City Manager to execute the Contract Agreement, and authorizes the Public Works Director/City Engineer to administer the Contract Agreement including the 10% contingency.

2. Amend the Fiscal Year 2022-23 Budget by increasing the appropriation amount in the Streets Fund (100-431-210-231) in the amount of $12,316. 8585
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 7th day of December 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:

Kenneth Lambert, Mayor Pro T em
ATTEST:

Lucille L. Mallonee, City Clerk
8686
~- LOs Banos
Al tlu· Cmssmmls o/ c aliftirnia
•

REQUEST FOR PROPOSAL RESULTS

PAVEMENT SURVEY AND MANAGEMENT PROGRAM
November 1, 2022 at 2:00 p.m.

1. AMS Consulting

2. Applied Research Associates Inc.

3. Harris & Associates
~~ Dated: November 1, 2022
Sara Blevins, CMC
Assistant City Clerk/HR Analyst
softnirorn Than
Public Works Director/City Engineer
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PROFESSIONAL SERVICES AGREEMENT

FORPAVEMENTSURVEYANDPAVEMENTMANAGEMENTPROGRAM

SERVICES

AMS CONSULTING
THIS AGREEMENT is made and entered into this __ day of _ __ 2022, by and between the City of Los Banos, a municipal Corporation (herein referred to as "City") and AMS Consulting (herein referred to as "Consultant").

RECITALS
A. WHEREAS, City is in need of pavement survey and management program services as described herein below;
B. WHEREAS, Consultant represents that it has that degree of specialized expertise contemplated within California Government Code, Section 3 7103, and holds all necessary licenses to practice and perform the services herein contemplated; C. WHEREAS, City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement;
D. WHEREAS, City and Consultant desire to contract for the specific services described below and desire to set forth their rights, duties and liabilities in the services to be performed; and
E. WHEREAS, no official or employee of City has a financial interest, within the provisions of California Government Code, Sections 1090-1092, in the subject matter of this Agreement.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:

1. Term. The term of this Agreement shall commence upon execution of this Agreement and City's issuance to Consultant a notice to proceed for all or a portion of the work and shall terminate upon City's acceptance and payment for all or such portion of the work as was authorized by such notice, unless terminated earlier as set forth herein.

2. Scope of Services. Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit _ and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion.

W AV09.15.2022 1
8989

2.1. Notwithstanding services described above, the City may request and Consultant may agree to perform other services. The scope of such services and compensation shall be agreed to in writing, signed by both parties and shall become a part of this Agreement.

2.2. All professional services shall be performed by Consultant or under Consultant's superv1s1on. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional Consultants in accordance with sound professional practices.

2.3. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.

3. Time of Performance. Time is of the essence in the performance of services under this Agreement and the services shall be performed to completion in a diligent and timely manner.

The failure by Consultant to perform the services in a diligent and timely manner may result in termination of this Agreement by City.

3.1. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed.

4. Compensation. City shall pay Consultant for the services on a time and expense not-to-exceed basis in accordance with the provisions of this Section and the Pricing Proposal submitted by Consultant attached hereto as Exhibit A and incorporated herein by reference.

Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and sub Consultant fees, shall not exceed $47,560.00 unless authorized in writing by the City and approved by the City Council.

4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person who performed the work, a brief description of the services performed and the specific Task in the Scope of Services to which it relates, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. City shall pay Consultant no later than thirty (30) days after receipt of the monthly invoice by the City.

4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in advance by City. Unless otherwise approved, such costs shall be limited and in accordance with Schedule of charges set forth in the Proposal attached hereto as Exhibit A and incorporated herein by reference.

WAV09.15.l022 2
9090

4.3 Consultant shall not receive any compensation for Additional Work without the prior written authorization of City. As used herein, "Additional Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Additional Work shall be billed in accordance with the Billing Rates as set forth in Exhibit A and on the terms set forth in this Article 4.

5. Contract Administration. The Public Works Director/City Engineer shall have the authority to act for City under this Agreement. The Public Works Director/City Engineer or his/her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. Consultant shall designate a representative for purposes of this Agreement who shall have the authority to act for Consultant under this Agreement.

6. Proiect Managers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement. Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term.

7. Indemnification. To the fullest extent permitted by law, Consultant shall defend (with counsel of City's choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, this Agreement or any Task Order, including without limitation the payment of all damages, expert witness fees and attorney's fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

7.1. If Consultant's obligation to defend, indemnify, and/or hold harmless arises out of Consultant's performance of "design professional" services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the Consultant's proportionate percentage of fault.

8. Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of work. Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City.

WAV09.15.2022 3
9191
A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by the City Attorney prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement.

B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies.

C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City Attorney.

D. Coverage Requirements.
i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence, four million dollars ($4,000,000) general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Consultant's general liability policies shall be primary and non-contributory, and be endorsed using Insurance Services Office form CG 20 10 to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. For construction contracts, an endorsement providing completed operations to the additional insured, ISO form CG 20 37, is also required. 111. Automobile Liability Coverage. Consultant shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than two million dollars ($2,000,000) per accident. If Consultant owns no vehicles, this requirement may be met through a non-owned auto endorsement to the CGL policy.
iv. Professional Errors and Omissions Insurance. Consultant shall maintain professional liability insurance that insures against professional errors and omissions that may be made in performing the Services to be rendered in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and not less than two million dollars ($2,000,000) in the annual aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement, and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the WAV09.15.2022 4
9292
services required by this agreement. The cost of such insurance shall be included in Consultant's bid.

E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant.
ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City.

Any insurance maintained by City, including any self-insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. 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.
vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non-payment of premium) written notice has been received by City.

8.1. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.

8.2 Consultant shall not allow any subcontractors or sub consultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or sub consultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or sub consultants.

9. Nondiscrimination. In the performing of this Agreement, Consultant shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical WAV09.15.2022 5
9393
condition, marital status, sex, age, or sexual orientation race, religion, color, national origin, handicap, ancestry, sex or age.

10. Independent Contractor. It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services.

10.1. The Consultant shall at all times remain an independent Contractor with respect to the services to be performed under this Agreement and shall be responsible for the payment of Federal and State Employer Withholding Taxes, Unemployment Insurance Taxes, FICA Taxes, Retirement, Life and/or Medical Insurance, and Worker's Compensation Insurance for the employees of the Consultant or any other person performing services under this Agreement.

Consultant and its employees are not entitled to the rights or benefits afforded to City's employees, including disability or unemployment insurance, workers' compensation, medical insurance, sick leave, or any other employment benefit. Consultant agrees to indemnify and hold City harmless from any claims, costs, losses, fees, penalties, interest, or damages suffered by City as a result of any claim by any person or entity contrary to the provisions of this Section 10.

11. Subcontracting. Nothing contained in this contract or otherwise, shall create any contractual relation between the City and any sub consultant(s), and no subcontract shall relieve Consultant of its responsibilities and obligations hereunder. Consultant agrees to be as fully responsible to the City for the acts and omissions of its sub consultant(s) and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by Consultant. Consultant's obligation to pay its sub consultant(s) is an independent obligation from the City's obligation to make payments to the Consultant.

11.1. Consultant shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this contract shall be subcontracted without written authorization by the City's Contract Administrator.

11.2. Consultant shall pay its sub consultants within ten (10) calendar days from receipt of each payment made to Consultant by the City.

11.3. All subcontracts entered into as a result of this contract shall contain all the provisions stipulated in this Agreement to be applicable to sub consultants.

11.4. Any substitution of sub consultant(s) must be approved in writing by City's Contract Administrator prior to the start of work by the sub consultant(s).

WAV09.15.2022 6
9494

12. Ownership of Documents. All documents, information and materials of any and every type furnished or prepared by the Consultant or any of its subcontractors pursuant to and in the course of performance of this Agreement shall be and remain the sole and exclusive property of the City. Such documents, information and materials shall include but not be limited to all findings, reports, plans, specifications, studies, drawings, estimates, documents, information and data including, but not limited to, electronic media, computer tapes or discs, files, and tapes furnished or prepared or accumulated by the Consultant in performing work under this Agreement, whether completed or in process. City shall have the sole right to use such documents, materials and information in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such documents, materials and information to City upon prior written request.

12.1. All Documents shall be considered works made for hire and all Documents and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of the City without restriction or limitation upon their use, duplication or dissemination by the City. Consultant shall not obtain or attempt to obtain copyright protection as to any Documents.

12.2. Nothing herein shall constitute or be construed to be any representation by Consultant that the work product is suitable in any way for any other project except the one detailed in this Agreement. Any reuse by City for another project or project location shall be at City's sole risk.

13. Confidentialitv. All City information disclosed to Consultant during the course of performance of services under this Agreement shall be treated as confidential and shall not be disclosed to any other persons or parties except as authorized by City, excepting that information which is public record and subject to disclosure pursuant to the Public Records Act, or otherwise required by law. All documents, including drafts, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information, excepting that information which is public record and subject to disclosure pursuant to the Public Records Act, or otherwise required by law.

14. Access to Records. Consultant shall maintain all books, records, documents, accounting ledgers, and similar materials relating to work performed for City under this Agreement on file for at least three (3) years following the date of final payment to Consultant by City. Any duly authorized representative(s) of City shall have access to such records for the purpose of inspection, audit and copying at reasonable times, during Consultant's usual and customary business hours. Consultant shall provide proper facilities to City's representative(s) for access and inspection. Consultant shall be entitled to reasonable compensation for time and expenses relate to such access and inspection activities, which shall be considered to be an additional service to the City, subject to the provisions of Section 4 hereinabove.

15. Conflict of Interest. The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work WAV09.15.2022 7
9595
performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest.

15.1. If subject to the Act, Consultant shall conform to all requirements of the Act.

Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section.

15.2. Consultant represents that neither Consultant, nor any of its employees, agents or subcontractors, have a conflict of interest with respect to the work to be performed under this Agreement, nor shall such individuals, during this term of this Agreement, acquire any interest, which would conflict in any manner with the performances of services hereunder.

16. Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City.

Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant's sole cost and expense. 1 7. Compliance with Laws, Rules, Regulations. Consultant shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement.

18. Integration; Amendment. This Agreement represents the entire understanding of City and Consultant as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered in it. This Agreement may not be modified or altered except by amendment in writing sign by both parties. City's city manager, or designee, may execute any such amendment on behalf of City.

19. Severabilitv. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of the Agreement shall continue to be in full force and effect.

20. Waiver/Validity. Consultant agrees that waiver by City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver of any other condition of performance under this Agreement. The acceptance by the City of the performance of any work or services by Contractor shall not be deemed to be a waiver of any term or condition of this Agreement.

WAV09.15.2022 8
9696

21. Jurisdiction. City and Consultant agree that the law governing this Agreement shall be that of the State of California. Any suit brought by either party against the other arising out of the performance of this Agreement shall be filed and maintained in the County of Merced.

22. Notice. Any notices required to be given pursuant to this Agreement shall be deemed to have been given by their deposit, postage prepaid, in the United States Postal Service, addressed to the parties as follows:

To City:

Nirom Than, P .E.

Public Works Director/City Engineer
411 Madison A venue
Los Banos, California 93635
To Consultant:

Robert Estimo
Project Manager
5627 Stoneridge Drive
Pleasanton, CA 94588
Nothing hereinabove shall prevent either City or Consultant from personally delivering any such notices to the other.

23. Termination. City may, in its sole discretion, terminate this Agreement at any time and for any reason whatsoever by giving written notice of such termination to Consultant. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. In the event of such termination, Consultant shall be entitled to compensation for all services rendered and work performed for City to the date of such termination.

24. Corrective Measures. Consultant will promptly implement any corrective measures required by City regarding the requirements and obligations of this Agreement.

Consultant will be given a reasonable amount of time as determined by the City to implement said corrective measures. Failure of Consultant to implement required corrective measures shall result in immediate termination of this Agreement.

25. Corrections. In addition to the above indemnification obligations, the Consultant shall correct, at its expense, all errors in the work which may be disclosed during the City's review of the Consultant's report or plans. Should the Consultant fail to make such correction in a reasonably timely manner, such correction shall be made by the City, and the cost thereof shall be charged to the Consultant. In addition to all other available remedies, the City may deduct the cost of such correction from any retention amount held by the City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction.

26. Acceptance Of Facsimile Or Electronic Signatures. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in WAV09.15.2022 9
9797
connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature.

27. Authority. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates set forth below.

Date: _____ _, 2022
Date: _____ _, 2022
ATTEST:

CITY CLERK
Lucille L. Mallonee, City Clerk
APPROVED AS TO FORM:

William A. Vaughn
City Attorney
W AV09.15.2022

AMS CONSULTING
by:

CITY OF LOS BANOS, a California
municipal corporation
by:
9898
Exhibit A
Fee schedule is provided in ~parate sealed envek>pe.
,T~ l~~---==~;-~ - l=Cost -==$3-.000 - .00= -i ~:!J SeamentaUon of Road Nttwort,_ C.- ~- =•--~ --=••~ ~r __ __._$4 .... ,4 .... 00 __ .oo ....... ~ 2.1 iStteetSawrli0ensl"(.~tlon __ _______ 1 Annual SV~tlon + Gt$ (CUilom - UsitC Ott ~lie) and Tax _' $S,000.00 - ·. . --·•--."'$ --.~-:

3.0 ~ Colle!. P_!~!M"t otstms btanp 1 $17,375.00
~ .9,ualtty Control $3,000.00
f:!> Populltl -om $2.200,00

6.0 Otdslon TtH $1,000.00 (-.-:-~:::_ , ____ --- - - . -------og • - ---·- '.;.. 2~'! ~nttnlta and RWbtUtatlon HI.story~~~ ~-= ~== $2.~_gQ_&O_ ~ -~!!!I and~ _ ~-~~ ~2._500.00 __

9.0 , GI$ Link _______ $3,125,00
Subtotal asks 1-9)_ "J~
10,0 StrcetSavtr training for City stiff (Optfonll) $1,880.00

11.0 Surf Ke-Oinrffl tdenUflcaUon (OQtlonal) ~-~-~----~ $1,880.00 Subtotal (T b 1-9 + T 10 • 11 $47 .00
Position HourlyWage_ --1
Project Manager $125.00
Asset ma l sus.oo
GIS Sped~list ______________ $110.00 ..._ ______ __,
WAV09.15.2022 11
9999

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100 100
Streets

SERVICES & SUPPLIES
208-RENTAL VEWCLES & EQUIPMENT: Charges for use of equipment and tools needed for various projects that require a special too] or piece of equipment. Charges may be incurred when additional equipment or tools are needed to complete job tasks efficiently or when the item is not currently in the City's inventory. Charges also associated with the copier lease. 210-SIDEWALK CURB & GU'ITER REPAIR: Costs having to do with the repair and/or replacement of sidewalks, curbs & gutters. The costs include concrete materials, form lumber, surface patch materials and adhesives.
211-Sl'REET REPAIR: For purchase of materials used for minor repair and rehabilitation of existing streets. Materials include fabric matting, asphalt mix, sub base mixes, crack filling. emulsions, and sand. Materials associated with the installation of speed cushions. '6 231-PROFESSIONAL SERVICES: Charges for services to outside engineering firms to complete street related projects and to provide updated revisions to the City's Improvement Standards.

Services may include design, drawings, and project management. The annual support services agreement with Cartegraph. Costs associated with the proper disposal of huardous waste materials and USA tickets. Costs include all other miscellaneous professional services that may be required, including costs for negotiations with Public Works bargaining unit. 256-PERMIT FEES & CHARGES: Annual fees charged by the State and County for the Public Works Department's Spill Prevention Plan review at the "F" Street operations yard. 263-STREET LIGHT MAINTENANCE: Expenditures for the repair, maintenance, and replacement of street lights throughout the city. Costs for electricity billing for the street lights that are not in the Landscaping & Lighting Districts. Additional costs for the maintenance and repair of the City's signalized lights and controllers.
273-SPECIAL DEPARTMENTAL EXPENSES: Expenditures for miscellaneous safety gear and costs associated with providing employee longevity awards.

CAPITAL OUTLAY
715-STREET & ROAD IMP-OVERLAY: Costs associated with the 2021 SBI overlays ($1,200,000). Costs associated for thermoplastic striping throughout the City ($100,000). 750-VEBICLES: Purchase a¾ ton Utility Pickup Truck ($57,377) (carryover from FY22 budget), a¾ ton Utility Pickup Truck $70,000, a I ton Utility Pickup Truck {$80,000). 753-SPECLU,IZED EQUIPMENT: Purchase a Backhoe ($165,000), Road Construction Plates (4) ($15,000).
194
101 101
City of Los Banos
Streets
2022-2023
Account Number Description 2019.2020 2020--2021 2021-2022 2022-2023 Actual Actual Estimated Adopted
100-431-210-101 Salaries 506,033 540,872 562,250 698,344 100-431-210-103 Overtime 30,210 19,125 15,000 35,000
100-431-210-120 Benefits 418,201 471,668 422,700 517,112 100-431-210-121 Benefits-PERS 103,175 129,606 130,000 152,965 Personnel Services 1,057,618 1,161,271 1,129,950 1,403,421 100-431-210-201 Grounds Maintenance 496 500 500 500
100-431-210-202 Fleet Repair & Maint 41,444 41,357 37,650 34,716 100-431-210-203 Equipment Repair & Maint 3,115 4,226 5,000 4,000 100-431-210-204 Fleet Services 38,526 42,246 49,261 52,068 100-431-210-205 Facility Maintenance 7,738 4,841 5,000 5,000 100-431-210-208 Rental - Vehicles & Equip 13,802 7,833 5,000 5,000 100-431-210-210 Sidewalk Gutter Curb Mnt. 39,133 37,719 35,000 35,000 100-431-210-21 l Street Repair 239,715 51,481 45,000 60,000 )\100-431-210-231 Professional Services 24,801 24,563 30,000 80,000 100-431-210-236 Medical Services 940 1,523 1,800 2,000
100-431-210-237 Recruitment 761 245 1,500 1,500
100-431-210-238 Technical Services 479 364 0 0
100-431-210-240 I.T. Services 7,834 6,638 6,584 6,670
100-431-210-250 Insurance 36,977 41,816 47,072 58,780
100-431-210-251 Memberships & Dues 314 389 500 1,000
100-431-210-252 Communications 3,311 4,924 6,000 8,900
100-431-210-256 Permits, Fees & Charges 466 482 600 600 100-431-210-257 Travel & Training 930 1,553 1,000 5,000 100-431-210-260 Office Supplies 4,910 3,952 4,500 5,500 100-431-210-262 Uniform Expenses 9,587 9,928 10,200 10,700 100-431-210-263 Street Light Maintenance 156,003 151,771 170,000 175,000 100-431-210-264 Electricity & Gas 6,982 6,014 6,000 6,400 100-431-210-265 Gasoline & Oil 35,202 38,727 55,011 55,000 100-431-210-267 General Materials & Supplies 90,986 76,719 80,000 80,000 100-431-210-273 Special Departmental Exp. 4,654 4,677 4,000 5,000 Supplies & Services 769,107 564,490 607,178 698,334
100-431-210-715 Street & Road Imp-Overlay 0 376,246 200,000 1,300,000 100-431-210-750 Vehicles 0 0 0 207,377
100-431-210-752 Communication Equipment 93 0 257 0
100-431-210-753 Speciall7.ed Equipment 297,928 1,935 298,333 180,000 100-431-210-755 Speciall7.ed Vehicles 0 0 0 210,000
100-431-210-770 Computer Equipment 0 24,158 0 0
Capital Outlay 298,022 402,339 498,590 1,897,377
100-431-210-821 Principal - Lease/Loans 15,153 3,897 0 0 192
102 102
LOsBanos
At the Crossroads of C,tl~f or11ia
Agenda Staff Report
TO: Mayor & City Council Members
FROM:

DATE:

Paul Tualla, Fire Chie
November 28, 2022
SUBJECT: Budget Amendment - Uniforms
TYPE OF REPORT: Consent Agenda
Recommendation:

Staff recommends that the City Council adopt a resolution to revise the budget for the 2022-2023 Fiscal Year as it pertains to changes in expenditures.

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 there are available funds and council agrees with the request to adjust the budget.

Discussion:

At the beginning of this current budget year, the Fire Department estimated the Uniforms to remain constant from the prior years. We currently have two vacancies (1 Firefighter and 1 Captain) we anticipate filling this Fiscal Year. The standard uniform ensemble will have to be purchased for each position. In addition, current personnel will have additional uniform needs that will also be purchased this Fiscal Year. r
I
f
103 103
Fiscal Impact:

The Impact would increase the Measure P Fund by $6,635.00 to account number 238- 422-100-262.

Reviewed by:

Interim Finance Director
Attachments:

Resolution
Staff Report Budget Uniforms (11-23-22).doc
WJL
n
y Manager
104 104
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF LOS BANOS ADOPTING A REVISED BUDGET FOR
THE 2022-2023 FISCAL YEAR AS IT PERTAINS TO

EXPENDITURES
WHEREAS, the City Council of the City of Los Banos has been presented an amendment to 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 budget increase of $6.635.00 in expenditures for the Fire Department Uniforms Account (238-422-100-262).

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby approve the budget amendment to the fiscal year 2022-2023 budget increasing appropriations in account 238-422-100-262 in the amount of $6,635.00.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the _ day of December 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:

Kenneth Lambert, Mayor Pro Tern
ATTEST:

Lucille L. Mallonee, City Clerk
Staff Report - Budget Amendment- Recruitment Resolution (02-19-14).doc 105 105

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106 106
TO:

FROM:

DATE:

LOsBanos
At tl1e Crossroads of Ccdifontia
Agenda Staff Report
Mayor & City Council Members
Paul Tualla, Fire Chie ,
November 28, 2022
SUBJECT: Budget Amendment - Recruitment
TYPE OF REPORT: Consent Agenda
Recommendation:

Staff recommends that the City Council adopt a resolution to revise the budget for the 2022-2023 Fiscal Year as it pertains to changes in expenditures.

Background:

Discussion:

At the beginning of this current budget year, the Fire Department estimated the Recruitment to remain constant from the prior years. However, with current two vacancies (1 Firefighter and 1 Captain), we are actively working on filling; there are associated costs with recruitment. These costs include physicals, treadmill tests, detailed backgrounds and fingerprinting. It is important to note, although we have two 107 107
vacancies, there may be more applicants that are in the background process. The average cost for the pre-employment recruitment is approximately $1,550.00.

Fiscal Impact:

The Impact would increase the Measure P Fund by $4,650.00 to account number 238- 422-1 00-237.

Reviewed by=
Y)Jd~_
Brent Kuhn
Interim Finance Director
Attachments=
Resolution
Staff Report Budget Amendment Recruitment (11-23-22).doc 108 108
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF LOS BANOS ADOPTING A REVISED BUDGET FOR
THE 2022-2023 FISCAL VEAR AS IT PERTAINS TO

EXPENDITURES
WHEREAS, the City Council of the City of Los Banos has been presented an amendment to 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 budget increase of $4,650.00 in expenditures for the Fire Departments Recruitment Account (238-422-100-237).

AYES:

NOES:

ABSENT:

APPROVED:

Kenneth Lambert, Mayor Pro Tern
ATTEST:

Lucille L. Mallonee, City Clerk
Staff Report- Budget Amendment- Recruitment Resolution (02-19-14).doc 109 109

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110 110
LOsBanos
t I I, Crossroa,ls of )f U (
Agenda Staff Report
TO: Mayor Pro-Tern & City Council Members
FROM: Ray Reyna, Police Commander /
DATE: December 7, 2022
SUBJECT: Council Member Request - Continued Discussion Regarding the Operation/Closure/Location of the Rail-Trail Encampment TYPE OF REPORT: Agenda Item
Recommendation:

Staff will provide an update on the status of the Rail-Trail Homeless Encampment and requests direction on the continued operation/closure/relocation of the Encampment.

Background:

At the January 5, 2022 City Council meeting, staff provided information about a plan to consolidate adults experiencing homelessness into an encampment on the Rail-Trail, East of Place Road. Part of this plan included the construction of a 200' x 200' chain-link fence enclosure at the Rail-Trail Encampment to provide an additional layer of privacy, a visual barrier and to move homeless persons away from a privately-owned fence on the north end of the property line. $20,000.00 in funding was approved by City Council for the construction of the fence and the encampment officially opened in March of 2022.

Since the opening of the encampment, the Police Department, in partnership with faith-based and other non-profit and government agencies, has invested numerous hours in outreach and maintenance. The current population at the Encampment ranges from approximately 15-20 adults on any given day.

At the August 17, 2022 City Council meeting, City Council discussed the status of the Rail-Trail Encampment. Council requested staff evaluate alternative City-owned vacant properties as potential alternate locations for the encampment, and report back with their findings.

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At the September 21, 2022 City Council meeting, staff requested direction and provided Council with information about City-owned properties, including which locations could potentially be suitable as an alternative to the current homeless encampment.

Discussion:

Through partnerships across the State of California and the County of Merced, our long-term goal will be to continue to find ways to improve and eventually solve the homelessness problem in our community. Federal court decisions have impacted our responses and abilities to address the complex issues surrounding homelessness. In addition, jurisdictions have inherited the responsibility of finding short and long-term solutions to local homeless issues.

Last month, the City took steps to authorize two new full-time positions which will be responsible for identifying housing solutions and homeless outreach. In addition, the City is in the process of securing State funding that will contribute to more long-term solutions. In the short-term, staff would like Council to provide direction on one of the following options:

Option 1: Leave the Rail-Trail Encampment open and make security improvements. These improvements could include expanding the availability of portable restrooms, security lighting, adding a camera system monitored by police staff and placing a uniformed security guard on site each night to deter criminal/deviant behavior and report that activity to the Police Department.

If so directed, this option would take approximately 1 O weeks to complete and could include all or a portion of these improvements. This could be a short-term solution while we research and implement sustainable long-term housing solutions.

Approximate costs associated with the proposed security improvements are:
• Night Security Guard, 8 hours per day/ 7 days a week - $8,300.00 per month (approximately) • Camera System Monitored by Dispatch - $35,000.00 one-time cost • Camera Network Access - $50.00 per month
• Auxiliary Security Lighting - $5000.00 one-time cost (approximately) Option 2: Close the current Rail-Trail Encampment and select a new site from City owned parcels, identified for use during the September 21, 2022 City Council Meeting (sites 3, 5, 7 and 8; see attached map). If so directed, this option will potentially require the City to evaluate the placement of this camp through the California Environmental Quality Act (CEQA) and is estimated to take at least 16 weeks to complete.

If approved, Council may elect to fund any number of the security improvements listed in option 1, into the new encampment in addition to the construction of a new chain-link fence, estimated to cost approximately $25,000.00, adjusted for price escalations.

Option 3: Close the current Rail-Trail Encampment and absorb the current population of approximately 15-20 adults back into the community. If this option is selected, staff will adjust our outreach to continue to provide services to these individuals. If so directed, this option will involve Page2 of4
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providing notice to the current encampment residents and will take approximately 2-4 weeks to complete.

Costs associated with this option would involve staff time and resources.

Option 4: Reject options 1-3 and direct staff to conduct further research.

Fiscal Impact:

Option 1:
following:

If selected, the fiscal impact related to option 1 could include all or a portion of the • Night Security Guard (8 hours)- $8,300.00 per month (approximately) • Camera System Monitored by Dispatch - $35,000.00 one-time cost • Camera Network Access - $50.00 per month
• Auxiliary Security Lighting - $5000.00 one-time cost (approximately) Staff will bring a specific budget request depending on which security improvements are selected.

Option 2: Construction of a new fence is estimated to cost approximately $25,000.00.

Council may also elect to add any number of the security improvements listed in option 1 if this option is selected.

The fiscal impact would be minimal and would simply involve staff time.

JL
City Manager
Brent Kuhn, Interim Finance Director
Attachments:

Attachment 1, City Map
Page3 of4
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ATTACHMENT 1
• Sites 1 & 2- Second and H Street, Rail spurs. In transition to City ownership, should close escrow near end of 2022.
• Site 3- Second and G Street, No restrictions, bordered by residential homes, local businesses and the Rail-Trail.
• Site 4- H between Second and Fourth Street. Partial restrictions/Land Use Covenant (LUC). In transition to City ownership, should close escrow near end of 2022. Two parcels between Rail Trail and H Street that run length. on eastern portion of property, closest to Fourth Street.
• Site 5- Henry Miller Plaza parcel. Palft,ial restrictions., runs between Seventh and Fourth Street, North of H Street., western 1/3 of the property has LUC. Possible home of future museum.
• Site 6- Seventh and G Street. No restrictions, bordered by Community Center, Rail Trail and private property.
• Sites 7 & 8- Ninth and G Street. No restrictions, bordered by future PD, Rail Trail, City yard. • Site 9- San Juan and G Street. Pan.ial restrictions, immediately bordered by future PD, Rail Trail, City yard.¼ of eastern side of property-LUC.

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TO:

FROM:

DATE:

LOsBanos
At tile Crossroads of California
Agenda Staff Report
Mayor and Members of City Council
Brent Kuhn, Interim Finance Director
December 7, 2022
SUBJECT: American Rescue Plan Act - Proposed Change to Spending Plan TYPE OF REPORT: Agenda
Recommendation:

Staff recommends that the City Council adopt a resolution approving the reprogramming of American Rescue Plan Act Funds from the RAD Card program to a small business and nonprofit assistance program .

Background:

The American Rescue Plan Act of 2021 (ARPA) is a $1.9 trillion economic stimulus bill.

Within the ARPA, the Coronavirus Local Fiscal Recovery Fund (CLFRF). The City will receive an approximately $9.8 million in funding. The balance of $7,293,940 is remaining in ARPA funding of which approximately $3.75 Million has not be specifically programmed.

Below is a description of the approved programs funded by ARPA funds:
• RAD Card Program - $1,000,000
• Invest in technology and equipment - $300,000
• Upgrades to city owned properties - $500,000
• Homeless assistance program - $200,000
• Investment in Parks - $75,000 (Colorado Ball Park)
• Tree trimming - $200,000
• Pickle-ball Courts - $600,000
• Animal Shelter - $1,000,000
• Legal - $5,000
• Premium Pay- $1,500,000
1 115 115
Discussion:

Staff has been monitoring and measuring the impact of all approved programs to ensure the primary goal of the programs are being met. Staff has continued to research the remaining projects and programs in order to program all funds.

After this review, staff has decided that the RAD program has not had the impact to the community as intended. Therefore Staff has decided to request that Council direct the City to terminate the agreement with a 30 day written notice to the vendor. There is approximately $250,000 held by the vendor that will be refunded to the City net of applicable costs. Staff would like to exchange the refunded amount as well as reprogram the $550,000 remaining funds held by the City in order to fund direct assistance to small businesses and non-profits. Upon receiving Council direction, staff can move forward with the project to assist the community based on funding availability.

Assistance to small businesses and non-profits
If the Council elects to allocate funding to this program, the program would seek to assist eligible businesses that were affected by the COVID-19 pandemic's economic impact, as well as entice new businesses that may not have opened due to the pandemic.

Small businesses eligible for assistance are those that experienced economic impacts or disproportionate impacts of the pandemic and meet the definition of small business, specifically:

1. Have no more than 500 employees, or if applicable, the size standard in number of employees established by the Administrator of the Small Business Administration for the industry in which the business concern or organization operates, and

2. Are a small business concern as defined in section 3 of the Small Business Act8 (which includes, among other requirements, that the business is independently owned and operated and is not dominant in its field of operation).

Impacted Small Businesses and Non-Profits
Staff can identify small businesses and non-profits impacted by the pandemic, and implement measures to respond, in many ways, including:
• Decreased revenue or gross receipts
• Capacity to weather financial hardship
• Financial insecurity
• Increased costs
• Challenges covering payroll, rent or mortgage, and other operating costs 2 116 116
Assistance to small businesses that experienced negative economic impacts includes the following enumerated uses:
• Loans or grants to mitigate financial hardship, such as by supporting payroll and benefits, costs to retain employees, and mortgage, rent, utility and other operating costs
• Technical assistance, counseling, or other services to support business planning Disproportionately Impacted Small Businesses and non-profits The Department of Treasury presumes that the following small businesses are disproportionately impacted the pandemic:
• Small businesses operating in Qualified Census Tracts • Small businesses operated by Tribal governments or on Tribal lands • Small businesses operating in the U.S. territories
Assistance to disproportionately impacted small businesses includes the following enumerated uses:
• Rehabilitation of commercial properties, storefront improvements & fac;ade improvements
• Technical assistance, business incubators & grants for start-up or expansion costs for small businesses
• Support for microbusinesses, including financial, childcare, and transportation costs.

If Council elects, staff will set up a program that allows both economically impacted and disproportionately impacted small business to apply for a grant. Small business owners and non-profits will have to submit an application with required back up attached, dependent on the qualifying category. All applications will be reviewed for eligibility by Finance and Community and Economic Development Staff.

Program funding will be limited to $550,000 plus the approximately $250,000 net amount refunded by the RAD card vendor. As determined by Council, the applicants will be eligible for funding up to $50,000 per small business. Loans or Grants will be awarded on a first come first serve basis, until such time funding is no longer available. Small businesses and non-profits can only apply to one of the above two categories.

Grant awards will be prioritized based on a three-tiered system, with the first tier representing the highest priority for awarding grant funds. The three tiers are listed below:

1. First Tier: Businesses that were completely closed by public health mandates for at least 6 months during the pandemic

2. Second Tier: Businesses that were not forced to close but suffered revenue losses of greater than 50% in 2020 and/or 2021 compared to 2019 3 117 117

3. Third Tier: Businesses that incurred substantial expense due to pandemic-related safety measures to stay operational
To be eligible, the small business and non-profit MUST:
• Have experienced business interruptions, closure or curtailed operations, loss of sales, or other negative financial impacts on the business due to restrictions imposed in order to address the COVID-19 pandemic or demonstrate that it has incurred significant new costs for personal protective equipment or physical improvement to its processes or location to comply with social distancing or other directives or recommendations issued by the county or state due to COVID-19. • Have reported less than $500,000 in gross receipts in fiscal year 2020 or later. • Still be operational today.
• Be a current Los Banos business located within city limits, have a current City of Los Banos business license, and not have been delinquent in payment on any taxes or fees owed to the City of Los Banos as of December 31, 2020. • Have a physical location within the city limits of Los Banos. • Be current on state and local licensing and other regulatory requirements.

Fiscal Impact:

The reprogramming of funding has no fiscal impact the ARPA Fund. This is fundamentally and exchange of eligible programs within The American Rescue Plan Act of 2021.

Attachments:

Resolution
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RESOLUTION NO.

A RESOLUTION OF THE CITY OF LOS BANOS

AUTHORIZING A CHANGE TO AMERICAN RESCUE

PLAN ACT (ARPA) SPENDING PLAN
WHEREAS, on March 11, 2021, the American Rescue Plan Act of 2021 (ARPA) was signed into law making available $350 billion through the State and Local Fiscal Recovery Funds (SLFRF) to assist states, tribal governments, and local governments with the reopening and recovery from the adverse health and economic impacts caused by COVID-19; and WHEREAS, the City of Los Banos has received all of the expected $9.8 million under the State and Local Fiscal Recovery Fund, which expenditures are limited to response to the COVID19 pandemic and its negative health and economic impacts; and WHEREAS, the City of Los Banos presented an initial spending plan according to COVID19 eligibility for operational response funded by ARPA; and WHEREAS, the City Council of the City of Los Banos may approve changes to the overall ARPA spending plan;
WHEREAS, the City Council of the City of Los Banos has been presented a change to the ARPA spending plan to reprogram approximately $750,000 to fund direct assistance to small businesses and non-profits; and
NOW, THEREFORE, BE IT RESOLVED: That the City Council of the City of Los Banos hereby approves changes to the ARPA spending plan to include reprogramming of approximately $750,000 to fund direct assistance to small businesses and non-profits The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 7th day of December 2022, by _ ____ who moved its adoption, which motion was duly seconded by _____ and the Resolution adopted by the following vote:

AYES:

NOES:

ABSENT:

APPROVED:

Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
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TO:

FROM:

DATE:

LOsBanos
At t'1e Cross,vads of California
Agenda Staff Report
Mayor Pro Tern and City Council Members
Soknirorn Than, P.E., Public Works Director/City Enginee~--rc-_ December 7, 2022
TYPE OF REPORT: Agenda Item
SUBJECT: Adoption of a Resolution Approving the Low Impact Development Standards Plan
Recommendation:

That the City Council consider and approve a resolution adopting the Low Impact Development (LID) Standards Plan.

Background:

In 2013 the State Water Resources Control Board (SWRCB) adopted the Waste Discharge Requirements for Stormwater Discharges from Small Municipal Separate Storm Sewer Systems (MS4) (General Permit). The General Permit is a statewide program that has prescriptive measures and/or tasks to further an MS4s goal toward pollution discharge reduction. The City's stormwater ultimately discharges into the Grasslands Water District and Central California Irrigation District canals and is used for agricultural irrigation and the nearby wildlife refuge's water supplies.

Within the prescriptive tasks, the State required the development of a Post-Construction Stormwater Low Impact Development (LID) Standards Plan for all new construction and reconstruction projects/developments that propose ground disturbances of 2,500 square feet (sf) or greater. The LID Standards Plan, in accordance with SWRCB requirements, has different levels or tiers of compliance requirements based on the size of the construction/reconstruction area.

LID Standards include, but are ·not limited to, runoff reduction (small onsite detention basins), soil quality improvements, tree planting/preservation, porous pavement, and vegetated swales. Benefits of these measures include improved pollutant filtration, groundwater quality improvement, groundwater recharge, and stormwater runoff reduction therefore localized flooding reduction.
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The MS4 General Permit set the compliance date of June 2015. A plan was developed for review and approval in the Spring of 2015 however it did not get adopted by the City. At this time, the LID Standards Plan is not included in the City Ordinance and Plan Review Process and needs to be adopted. Nearly all surrounding communities have their MS4 General Permit compliant LID Standards Plan adopted and enforced. Most design consultants already employ the state required LID design standards into their plan submittals and have been submitting the same sporadically in submittals received by the City Building and Public Works Department. As LID compliant designs are presented on submitted development plans they are reviewed and commented on according to the current City design standards and specifications; LID Standards requirements cannot be enforced but are recommended.

Discussion:

The proposed LID Standards Plan incorporates the SWRCB General Permit requirements and provides examples of compliance design measures. Also included is the City specific calculator (modified from the statewide calculator). The LID Standards Plan aligns with the LID Standards Plan from surrounding municipalities to ensure uniformity and consistency for our development communities.

As part of the LID Standard Plan, there will be system maintenance required to ensure that the system perform and designed. These include but are not limited to:
vegetation/trees live, porous concrete does not clog/become impervious, and etc. These measures are anticipated within the Plan and there is an "Operations and Maintenance Plan" (O&M Plan) required as part of the development plan submittal. The LID Standards Plan has an O&M Plan template included.

This draft plan has been circulated to various development communities as well as the Central Cg.{ifornia Irrigation District and G!".~lands W~r District. NO l!.oJNdJL,'\,~ ~C<5t\J ~ fu\lv-- ~~ S.'u, l-~Ot-\~ ,- ~
As developments are built with the LIDS a dard measures, there should be a reduction in City's overall potential stormwater pollutant discharges which benefits everyone in the Los Banos community. For these reasons, staff is recommending the City Council to consider and approve a resolution adopting the Low Impact Development (LID) Standards and require immediate implementation of the LID Standards Plan of newly submitted develo~ ent plans.

Attachments:

Draft Post-Construction Stormwater Low Impact Development (LID) Standards Plan Resolution
122 122
RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS ADOPTING THE POST

CONSTRUCTION STORMWATER LOW IMPACT

DEVELOPMENT STANDARDS PLAN
WHEREAS, the City Council of the City of Los Banos has been presented the Post Construction Stormwater Low Impact Development Standards Plan to the City Council; and
WHEREAS, Post Construction Stormwater Low Impact Development Standards Plan conforms to the State Water Resources Control Board (SWRCB) requirements for Stormwater Discharges; and
WHEREAS, the City Council of the City of Los Banos has reviewed the proposed Post Construction Stormwater Low Impact Development Standards Plan at their December 7, 2022, regular meeting.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos hereby adopt the Post Construction Stormwater Low Impact Development Standards Plan.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 7th day of December 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:

Kenneth Lambert, Mayor Pro Tern
ATTEST:

Lucille L. Mallonee, City Clerk
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Post-Construction Stormwater
Low Impact Development Standards Plan
Los Banos, CA
LOs Banos
At the Crossroads of California
Prepared for:

City of Los Banos
411 Madison Avenue
Los Banos, CA 93635
Prepared by:

Provost & Pritchard Consulting Group
455 W Fir Avenue, Clovis California 93611
125 125
COPYRIGHT 2022 by PROVOST & PRITCHARD CONSUL TING GROUP

ALL RIGHTS RESERVED
Provost & Pritchard Consulting Group expressly reserves its common law copyright and other applicable property rights to this document. This document is not to be reproduced, changed, or copied in any form or manner whatsoever, nor are they to be assigned to a third party without first obtaining the written permission and consent of Provost & Pritchard Consulting Group In the event of unauthorized reuse of the information contained herein by a third party, the third party shall hold the firm of Provost & Pritchard Consulting Group harmless, and shall bear the cost of Provost & Pritchard Consulting Group's legal fees associated with defending and enforcing these rights.

Report Prepared for:

City of Los Banos
411 Madison A venue
Los Banos, CA 93635
Contact:

Nirom Than, Public Works Director/City Engineer
(209) 827-2466
Report Prepared by:

Provost & Pritchard Consulting Group
Gretchen Heisdorf, RCE 77241, Project Manager
Donna Bond, Senior Project Administrator
Contact:

Gretchen Reisdorf, Project Manager
(559) 449-2700
l\ppeng.com\pzdata\clients\Los Banos_City of-3501\350122010-Post Construction LID Standards\200 Technical\203 Post-Construction LID Standards Plan\City of Los Banos_LID Standards Plan_221128.docx
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City of Los Banos
Post-Construction Stormwater Low Impact Development Standards Plan Table of Contents
1 Introduction and Regulatory Requirements ...................................................................................................... 1-1

1.1 Purpose of the Plan ..................................................................................................................................... 1-1

1.2 Federal and State Regulatory Requirements ........................................................................................... 1-1

1.3 Post-Construction Requirements Overview ........................................................................................... 1-1

1.4 RoleofMunicipalStaff .............................................................................................................................. 1-2

1. 5 Role of the Project Developer .................................................................................................................. 1-3 2 Applicability ............................................................................................................................................................ 2-1

2.1 Small Projects ............................................................................................................................................... 2-1

2.2 Regulated Project ......................................................................................................................................... 2-1

2.2.1 50% RunoffRule .......................................................................................................................... 2-2

2.2.2 Plan Applicability .......................................................................................................................... 2-2 3 Submittal and Review Process ............................................................................................................................. 3-1

3.1 Ministerial Projects ...................................................................................................................................... 3-1

3.2 Discretionary Projects ................................................................................................................................ 3-1

3.3 Capital Improvement/Municipally-Owned Projects ............................................................................. 3-1 4 Small Projects ......................................................................................................................................................... 4-1

4.1 Select Site Design Measures ..................................................................................................................... .4-1

4.2 Runoff Reduction Requirement ............................................................................................................... .4-3

4.3 Prepare the Submittal ................................................................................................................................ .4-3 5 Regulated Projects .................................................................................................................................................. 5-1

5.1 Identify Drainage Management Areas ..................................................................................................... 5-1

5.2 Identify Applicable Source Controls ........................................................................................................ 5-1

5.3 Incorporate LID Design Standards .......................................................................................................... 5-3

5.4 Select and Size Site Design and Treatment Control Measures ............................................................ 5-3

5.4.1 Volumetric Criteria ....................................................................................................................... 5-5

5.4.2 Flow-Based Criteria ...................................................................................................................... 5-5

5.4.3 Allowed Variations and Exceptions ........................................................................................... 5-6

5.4.4 City Specific Requirements .......................................................................................................... 5-7

5.5 Hydromodification Measures .................................................................................................................... 5-7

5.6 Prepare the Submittal ................................................................................................................................. 5-8 6 Municipal Post-Construction Measures ............................................................................................................. 6-1

6.1 Ongoing Maintenance ................................................................................................................................ 6-1

6.2 Landowner Responsibility .......................................................................................................................... 6-1

6.3 Landowner Reporting ................................................................................................................................. 6-1

6.4 City of Los Banos Information ................................................................................................................. 6-2 Provost & Pritchard Consulting Group • July 2022
127 127
Appendices
City of Los Banos
Post-Construction Stormwater Low Impact Development Standards Plan A ............................................................................................................................................................................... Glossary B ......................................................................................................................................... Post-Construction Flow Chart C ........................................................................................................................... SWRCB Post-Construction Calculator D ............................................................................................................... Volumetric SizingTooL Treatment Controls E .......................................................................................................................................... Post-Construction Worksheet F ........................................................................................................................ O&M Plan, Certificate of Responsibility G ............................................................................................................................................ Design Standard References H ........................................................ 2013 Phase II Municipal Separate Storm Sewer System Permit, Section E.12 List of Tables
Table 5-1. LID Standards .............................................................................................................................................. 5-1 Table 5-2. List of Source Controls ............................................................................................................................... 5-2 Table 5-3. Site Design and Treatment Control Measures ........................................................................................ 5-3 Table 5-4. Rainfall Intensities and Flow-Based Design Values ............................................................................... 5-6 Table 5-5. Allowed Design Variations ......................................................................................................................... 5-6 Provost & Pritchard Consulting Group • July 2022 ii
128 128
Abbreviations
City of Los Banos
Post-Construction Stormwater Low Impact Development Standards Plan ASTM .......................................................................................................... American Society for Testing and Materials BMP .................................................................................................................................... Best Management Handbook CASQA. .................................................................................................. California Storm Water Quality Association's CIP ..................................................................................................................................... Capital Improvement Projects City .......................................................................................................................................................... City of Los Banos CoR ........................................................................................................................................ Certificate of Responsibility CPSWQ ................................................................................................. Certified Professional in Storm Water Quality DMAs ..................... ............................................................................................................. Drainage Management Areas LID ........................................................................................................................................... Low Impact Development LUP .................................................................................................................................................... Linear Utility Project MS4 .................................................................................................. Phase II Municipal Separate Storm Sewer System NOAA ......................................................................................... National Oceanic and Atmospheric Administration NPDES ............................................................................................ National Pollutant Discharge Elimination System NRCS ................................... United States Department of Agriculture's Natural Resources Conservation Service O&M ....................................................................................................................................... Operations & Maintenance Plan ........................................................ Post-Construction Stormwater Low Impact Development Standards Plan SDM .................................................................................................................................................... Site Design Measure sf ......................................................................................................................................................................... Square Feet SWRCB ................................................................................................ California State Water Resource Control Board USEPA .............................................................................................. United States Environmental Protection Agency Provost & Pritchard Consulting Group • July 2022 iii
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Section One: Introduction and Regulatory Requirements
Post-Construction Stormwater Low Impact Development Standards Plan 1 Introduction and Regulatory Requirements
This Post-Construction Stonnwater Low Impact Development (LID) Standards Plan (Plan) has been prepared for the City of Los Banos Stormwater Program to guide project developers and municipal staff through the multiple site design requirements of the State Water Resources Control Board's (SWRCB) Phase II Municipal Separate Storm Water Sewer System (MS4) Permit 1bis section describes the purpose of the requirements, a background summary of the Federal and State regulations, an overview of the post-construction site design requirements, and the roles and responsibilities of municipal staff and project developers.

1.1 Purpose of the Plan
The purpose of this document is to provide developers and municipal staff with information to meet the SWRCB's requirements for mitigating the impacts of increased storm water runoff caused by new development and redevelopment. 1bis document accomplishes this goal through the incorporation of LID standards and hydromodification management techniques. LID mitigates excessive runoff through capture/ alternative uses, evapotranspiration, infiltration, and biotreatrnent to recreate pre-construction conditions. Hydromodification techniques are used to design development sites so that post-construction runoff flow rates do not exceed those of the pre-construction conditions. Using this document, developers will be equipped to provide a submittal package to the City of Los Banos (City) as a part of its permitting or plan check process to adequately demonstrate how the project will meet the LID and hydromodification requirements. Staff will be able to use this document to review and approve projects with the required post-construction storm water design requirements.

1.2 Federal and State Regulatory Requirements
The Federal Clean Water Act of 1972 is the impetus behind the regulations to manage storm water discharges from new development and redevelopment projects. The Clean Water Act delegates authority to States to issue National Pollutant Discharge Elimination System (NPDES) permits for discharges of storm water from construction, industrial, and municipal entities to waters of the United States. Large and medium size municipalities were issued individual municipal NPDES permits in the first phase (Phase I) of the process.

Subsequently, small municipalities identified by the State of California were required to obtain permit coverage under the Phase II General NPDES Permit for Municipal Separate Storm Sewer Systems (MS4s). Phase II MS4s are required to implement various storm water management programs, one of which is to require certain new development and applicable redevelopment projects to incorporate post-construction storm water control measures into their design that include LID and hydromodification techniques. The City is specified in the current Phase II MS4 Permit and must comply with post-construction requirements, which are contained in Section E.12 of Order No. 2013-0001-DWQ. (Refer to Appendix H.).

1.3 Post-Construction Requirements Overview
The Phase II MS4 Permit requires the City to require certain small projects to implement one or more Site Design Measures (SDM) that "treat" storm water runoff using methods to evapo-transpire, infiltrate, harvest and reuse, or biotreat. After developers of small projects select the SDM(s), they are required to quantify the runoff reduction achieved through the implementation of these measures by using the SWRCB's PostConstruction Calculator (which is available on the SWRCB's website, hLtps: //www.waterboards.ca.~ov /water issues/programs/stormwater /phase ii municipal.html).

Provost & Pritchard Consulting Group • July 2022 1-1
130 130
Section One: Introduction and Regulatory Requirements
Post-Construction Stormwater Low Impact Development Standards Plan The developer or property owner will also be required to enter into an agreement with the City regarding longterm maintenance of on-site SDMs.

Developers oflarger projects are required to implement into their design and on-going activities specific SD Ms to minimize the impact of pollutant-generating activities. SDMs are required to be sized using criteria in the Phase II MS4 permit. Some examples of SD Ms are below:
• Concentrating development into areas with poor soil permeability. • Using permeable pavement and/ or bioretention areas to filter and treat storm water runoff. • Utilizing SDMs developed by the California Storm Water Quality Association's (CASQA) for both commercial and municipal applications.

In addition, the project will be required to incorporate Hydromodification Management Measures which reduce the design runoff rate to that of the pre-construction 2-year, 24-hour storm event rate.

1.4 Role of Municipal Staff
The Phase II MS4 Permit states that the municipality "shall require these post-construction standards to be applied to applicable new and redevelopment regulated projects, both private and public, requiring municipal permits and public projects, to the extent allowable by applicable law." Therefore, the role of municipal staff is to verify that applicable projects have been properly designed with the post-construction standards. Staff will be responsible for performing the following tasks (see Sec 9-6 City Municipal Code). The City's Municipal Code can be accessed on their website,
(https://librru;y.qcode.us/lib/los banos ca/pub/municipal code). • Prior to construction, the City of Los Banos shall:
o Provide the project applicant with a copy of the ordinance and procedures for permits, plan checks, site plan review or design reviews;
o Review the Improvement Design Package submitted by the project applicant; o Approve or deny the Improvement Design Package;
o Issue a permit or approve the plan check, site plan review or design review for the project applicant; and
• Since LID is integral to the project design, post-construction submittal requirements shall be communicated early in the development process with the issuance of land use permits or conditions of approval. Example comment: "This Project will be subject to the requirements contained in the City of Los Banos Post-Construction Stormwater Low Impact Development Standards Plan. All required Post Construction submittal documents shall be received and approved by the City prior to the issuance of any Grading or Building Permit."
• Perform an initial review of the submitted post-construction package including the completed PostConstruction Project Worksheet (included in Appendix E) and the Operation and Maintenance (O&M) Plan and Certificate of Responsibility (CoR) (Appendix F). • Provide the package to the City's in-house or contracted engineering staff for review of design and calculations.
• Communicate to the project developer any required changes or modifications and request a resubmittal of information. • Review the adequacy of the submitted O&M Plan for the proposed post-construction design measures and make sure that the signed CoR has been received.
• Condition the project with the proposed and approved post-construction design measures. • Maintain records of all submitted post-construction design information and plans for a minimum of 5 years.

Provost & Pritchard Consulting Group • July 2022 1-2
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Section One: Introduction and Regulatory Requirements
Post-Construction Stormwater Low Impact Development Standards Plan • Enter information about Regulated Projects into the City tracking database so that they can be tracked by the City for annual verification that the storm water treatment measures and hydromodification measures are being maintained in an effective condition.

1.5 Role of the Project Developer
The Phase II MS4 Permit, and the City require project developers to incorporate post-construction measures into the project design that reduce the volume of and mitigate pollutants in storm water runoff. The role of the project developer is to select SDMs that are appropriate for the project and will adequately meet the goals of this Plan. The project developer will be responsible for performing the following tasks:
• Selecting, sizing, and engineering site design measures, source control measures, and hydromodification management techniques that are adequate in meeting the requirements of this plan. • Providing City Staff the required submittal package, supporting information, maps, drawings, and calculations, including plans and calculations that have been stamped by a certified and/ or licensed professional.
• Providing an O&M Plan and an owner-signed CoR to City Staff for the on-going maintenance of the post-construction design measures.
• Providing any additional requested information to City Staff. • Verifying that approved SDMs and source control measures are constructed as specified on the approved plans. The project engineer or other licensed professional must submit a signed and stamped statement of completion to the City prior to final closure of Building Permit.

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Section Two: Applicability
Post-Construction Stormwater Low Impact Development Standards Plan 2 Applicability
For the purposes of this Plan, all development projects fall into one of three possible categories: (1.) small, (2) regulated, or (3) not applicable. If a project does not qualify as either small or regulated, then the Post Construction Standards Plan is not applicable. Information in the sections below comes from the Phase II MS4 Permit.

2.1 Small Projects
Small projects are defined as those that create and/ or replace between 2,500-sf and 5,000-sf of impervious surface. This includes projects that have no net increase in the impervious footprint. Single family homes that create and/ or replace 2,500-sf or more of impervious surface and are not part of a larger plan of development are considered to be small projects. Small projects would include, but not be limited to, the following:
• New construction that creates between 2,500-sf and 5,000-sf of impervious surface; • A demolition of a small project site and the redevelopment of the site, if more than 2,500 sf of impervious surface is replaced or created;
• The replacement of a 2,500-sf or greater parking lot; • The construction of a new parking lot that is greater than 2,500-sf but less than 5,000-sf; and • A roadway or sidewalk project that is creating or replacing between 2,500-sf and 5,000-sf of impervious surface.

Linear Utility Projects that are returned to pre-construction surface conditions are not subject to the small project SDMs.

2.2 Regulated Project
For the purposes of the Plan, a Regulated Project is one that will create and/ or replace 5,000-sf or more of impervious surface. Regulated Projects include new and redevelopment projects on public or private land that fall under the planning and permitting authority of the City. Redevelopment is defined as any land-disturbing activity that results in the creation, addition, or replacement of exterior impervious surface areas on a site on which some previous development has occurred. Redevelopment projects do not include pavement grinding and resurfacing of existing roadways; construction of new sidewalks, pedestrian ramps, or bike lanes on existing roadways; or routine replacement of damaged pavement for short, non-contiguous sections of roadway.

Regulated Projects do not include the following:
• Detached single family homes that are not a part of a larger plan of development (they are considered to be a "small project" even if they exceed 5,000 sf of impervious surface); • Projects that are exclusively interior remodels;
• Routine maintenance or repair such as exterior wall surface replacement, pavement grinding and resurfacing within the existing footprint, and roofing replacement or repair; • Projects consisting solely of sidewalks or bicycle lanes built as part of new streets or roads and built to direct storm water runoff to adjacent vegetated areas;
• Projects consisting solely of impervious trails built to direct storm water runoff to adjacent nonerodible permeable areas; • Projects consisting solely of sidewalks, bicycle lanes, or trails constructed with permeable surfaces; • Replacement of damaged pavement, such as pothole repair, or the replacement of short, noncontiguous sections of roadways; and
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Section Two: Applicability
Post-Construction Stormwater Low Impact Development Standards Plan • Trenching, excavation, and resurfacing associated with Linear Utility Projects unless it has a discrete location that has 5,000-sf or more of newly constructed contiguous impervious surface such as a pump station or maintenance facility. In such cases, only the discrete location is subject to this Plan.

Please note that some of the above-listed projects may still be classified as "small projects" even if they are exempt from being a Regulated Project.

2.2.1 50% Runoff Rule
If a redevelopment project results in an increase of more than 50% of the impervious surface of a previously existing development, runoff from the entire project, consisting of all existing, new, and/ or replaced impervious surfaces, must be included in the selection and sizing of site design measures, LID design standards, and hydromodification management measures to the extent feasible. However, if the redevelopment project results in an increase of less than 50% of the impervious surface, only runoff from the new and/ or replaced impervious surface must be included in the selection and sizing of site design measures, LID design standards, and hydromodification management measures.

For street and road widening projects that include additional traffic lanes, where the addition of traffic lanes results in an alteration of more than 50% of the impervious surface, runoff from the entire project must be included in the selection and sizing of site design measures, LID design standards, and hydromodification management measures. However, if the addition of traffic lanes results in an alteration of less than 50% of the impervious surface, only the runoff from the new and/ or replaced impervious surface is required to be included in the selection and sizing of site design measures, LID design standards, and hydromodification management measures. Road project area will be defined as the total length of the project (soil disturbed area) times the width of the project.

2.2.2 Plan Applicability
This Plan's requirements became effective on July 1, 2015, with the current Phase II MS4 Permit. The Plan will apply to all applicable public and private new and redevelopment "Small" and "Regulated Projects". Any discretionary projects that have been deemed complete prior to January 1, 2023 and have unexpired vesting tentative maps only need to comply with the municipality's post-construction requirements that were in effect at the time of the map approval. Capital Improvement Projects (CIP) or City-owned projects, for which their governing body or designee approved the initiation of the project design prior to January 1, 2023, will need only to comply with the post-construction requirements that were in place at that time.

It should be noted that the City's amended Storm Drain Master Plan, developed by Carollo Engineering-2010, used the 85th percentile, 24-hr storm event to determine runoff volumes in order to determine storm drain facility sizing. All master planned storm drain pipelines and City detention facilities are designed to LID Volumetric Sizing standards however, the facilities are not designed to meet the criteria for Hydromodification Requirements.

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Section Three: Submittal and Review Process
Post-Construction Stormwater Low Impact Development Standards Plan 3 Submittal and Review Process
Projects applicable to this Plan may originate from different sources. They may be private non-discretionary or discretionary projects, or they may be City-owned projects. The following sections describe how applicable projects are detected by the municipality and appropriately conditioned with post-construction design requirements. This section also summarizes the submittal requirements for each type of project.

3.1 Ministerial Projects
Projects that are ministerial or non-discretionary projects are those that are not required to pass through the plan check process and can be issued a building permit over the counter. Typically, these projects will either not be applicable or be considered Small Projects as defined in Section 2.1. Specific submittal requirements for Small Projects are identified in Section 4 of this plan. In general, developers of non-discretionary Small Projects will need to submit, at the permit counter, information about the project, the selected SDM(s), and a printout copy of the project's SWRCB Post-Construction Calculator.

If a ministerial project is found to be a Regulated Project as defined in Section 2.2, the requirement to include SDM(s), source control measures, LID design standards, and hydromodification management techniques will necessitate that it pass through the plan check process and, thus, it will become a discretionary project, with respect to this Plan.

3.2 Discretionary Projects
Discretionary projects are those that are required to pass through the plan check process and be conditioned with site-specific requirements. Discretionary projects have the potential to be classified as "small", "regulated", or "not applicable" to this Plan. In general, developers of discretionary projects must submit to the plan checker information about the project, which may include: the project's applicability status to the Plan, site design plans and specifications, a completed Post-Construction Project Worksheet, an O&M Plan and an owner- signed CoR The plan checker will review the post-construction submittal package for completeness and will direct it to the Building Department and Public Works Department. Once comments are received from the Building Department and Public Works Department, the project developer will be notified by City Staff of any required modifications or of the approval of the proposed post-construction design measures. Regulated Projects will be entered into the City database or spreadsheet to be tracked by the City for annual verification that the storm water treatment measures and hydromodification measures are being maintained by the owner in an effective condition.

3.3 Capital Improvement/Municipally-Owned Projects
Public projects, CIPs, or other City-owned projects typically do not pass through the plan check process, but must also be reviewed for applicability of the post-construction requirements. The following process will be implemented by the City in conditioning and reviewing projects for the post-construction requirements of the City's Phase II MS4 Permit.

1. The City department sponsoring the CIP project will review and evaluate the project's applicability to the post-construction requirements and make a determination as to whether the proposed project is a Small Project as defined in Section 2.1, a Regulated Project as defined in Section 2.2, or is exempt from the post-construction requirements.

2. The sponsoring department will submit to the Building Department and Public Works Department a completed Post-Construction Project Worksheet (included in Appendix E) which will identify Provost & Pritchard Consulting Group • July 2022 3-1
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Section Three: Submittal and Review Process
Post-Construction Stormwater Low Impact Development Standards Plan information about the project and the selection of the required post-construction design measures, including the sizing and design criteria for the selected SDM(s), source control measures, LID design standards, and hydromodification management techniques.

3. The Building Department and Public Works Department will review the Post Construction Worksheet submittal and coordinate with the sponsoring department to develop an operation and maintenance plan for the post-construction treatment and hydromodification measures.

4. The City will maintain records of all project-related post-construction design information and plans for a minimum of 5 years.

5. Regulated Projects will be entered into a database or spreadsheet to be tracked by the City for annual verification that the storm water treatment measures and hydromodification measures are being maintained in an effective condition.

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Section Four: Small Projects
Post-Construction Stormwater Low Impact Development Standards Plan 4 Small Projects
The following process is required by the City of Los Banos for small projects as defined in Section 2.1.

4.1 Select Site Design Measures
The first step is for the project developer to select and implement into the project's design one or more of the following Site Design Measures (SDMs):·
Stream Setbacks and Buffers - are vegetated areas (including trees, shrubs, riparian habitat, or herbaceous vegetation) that exist or are established to protect a stream system, lake, reservoir, or estuary.

The City requires a minimum land development setback/buffer of 100' from any water body. These areas provide a buffer between the development and the water body to filter out pollutants carried by storm water, provide stabilization of erodible banks, opportunities to infiltrate storm water prior to discharging, and help slow peak flows. The CASQA Municipal Best Management Handbook (BMP) Handbook has a specification sheet for Vegetated Buffer Strips that contains useful information applicable to stream setbacks and buffers. It can be downloaded at:
hu:.ps: / /www.casqa.org/sites / default/files /BMPHandbooks I tc-31 municipal 2003.pdf Soil Quality Improvement and Maintenance - is accomplished through the addition of soil amendments and the creation of a healthy microbial community. Soils with a high organic content are less likely to erode and they provide nutrients needed to maintain healthy plants. This, in turn, means that landscaping will require less fertilizers and pesticides. Soils with a high organic content or covered with a compost layer will retain moisture, requiring less irrigation. Engineered soils allow water to infiltrate and be stored below grade providing LID and hydromodification benefits. The United States Department of Agriculture's Natural Resources Conservation Service (NRCS) has a publication called the Urban Soil Primer which is an excellent resource in helping developers understand how healthy soils improve water quality. This resource can be downloaded at:
www.nrcs.usda.gov /IntemeL FSE DOCUMENTS ' nrcs142p2 052835.pdf Tree Planting and Preservation - includes the preservation of existing trees and the establishment of new ones. Both
evergreens and deciduous trees can be utilized. Trees are beneficial to water quality in that they help stabilize erodible soil, dissipate the energy of falling rain, and help slow peak flow rates of stormwater runoff. Additional information is available from CASQA and from NRCS regarding tree/ shrub planting
appropriate for the Central Valley regional climate.

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11 munici12al 2003.pdf
Section Four: Small Projects
Post-Construction Stormwater Low Impact Development Standards Plan Rooftop and Impervious Area Disconnection - are roof drains and hardscapes that do not discharge directly to a storm drain inlet but are directed, instead, to permeable areas or rain water collection and harvesting mechanisms. Water, in excess of the permeable area's infiltration capacity or the capacity of the collection/harvesting system, can be directed to a storm drainage system. The CASQA Municipal BMP Handbook specification
sheet that provides information about designing roof runoff controls can be downloaded at:
h11:ps: / /www.casqa.org/sites/ default/files/BMPHandbooks /scPorous Pavement - allows runoff to pass through and infiltrate the underlying soils. Porous pavement systems are typically designed with a subsurface drainage and storage system that consists of a bed of rock and piped collection system below the porous pavement. Where soils have high infiltration rates, water is allowed to drain directly into the soil. Where infiltration rates are less than desirable, a sub-surface gravity collection system conveys excess water to a storm water outfall or storm water sewer system. Porous pavement includes porous asphalt and concrete, porous pavers and bricks, cobbles, reinforced grass pavement, and gravel covered surfaces. CASQA developed
standard drawings and specifications, linked below, that includes information for pervious pavement. h rtl)S://www.casqa.org /sites/default /files/ downloads /2. 2017 0831 generic drawing combined bioretentio n details and specs.pd£
Green Roofs - are an engineered vegetative layer grown on a roof that allow a certain amount of runoff reduction by infiltration, storage, and evapo-transpiration. In 2010, the United States Environmental Protection Agency (USEP A) published a
document titled: Design Guidelines and Maintenance Manual far Green Roofs in the Semi-Arid and Arid West. This guidance document can be downloaded at:
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Section Four: Small Projects
Post-Construction Stormwater Low Impact Development Standards Plan Vegetated Swales - are a vegetated, open-channel management practice designed specifically to treat and attenuate storm water runoff through infiltration, biotreatment, and evapo-transpiration.

If they are designed with engineered soils, greater storage and infiltration can be achieved. CASQA has a BMP specification sheet that provides information about designing vegetated swales. It can be downloaded at:
h ttps://www.casqa.org/sites/default/files/BMPHandbooks/tc30 municipal 2003.pdf Additional information is available from CASQA at the link below. hLrps: / /www.casqa.org/sites /default/files/ downloads /2. 20170831 generic drawin)! combined bioretentio n details and specs.pdf
Rain Barrels and Cisterns - are systems that collect and store storm water runoff from a roof or other impervious surfaces. Collected water is saved and reused for irrigation or other purposes. In 2008, the USEP A published a document titled: Managing Wet Weather with • Green Infrastructure Municipal Handbook: 'Rainwater Harvesting Policies.

This guidance document can be downloaded at:

The City of San Diego published a 'Rain Water Haroesting Guide, which can be downloaded at h11p: / /www.sandie~o-vov /water/pdf! conservation 'rainwaterj!Ulde.pdf

4.2 Runoff Reduction Requirement
The second step for the small project developer is to quantify and submit the runoff reduction resulting from the implementation of the selected SDMs. The Phase II MS4 Permit does not set any goals or minimum amounts of runoff reduction. Therefore, this step is only informational. To accomplish this quantification of runoff reduction, the project developer is required to utilize the SWRCB's Post-Construction Calculator which is available on their website. Information to access the calculator is included in Appendix C of this document.

4.3 Prepare the Submittal
The third and final step for the Small Project developer is to compile the information required for the submittal package. For all Small Project submittals, this includes the following items:
• A completed Post-Construction Worksheet (obtained from Appendix E). • Site plans showing the selected SDMs (identified in Section 4.1). • The plans must be stamped by a California Civil Professional Engineer if any of the following SDMs were selected:
•
•
rooftop and impervious area disconnection,
porous pavement, or
• rain cisterns.
• The plans must be stamped by a California Structural Professional Engineer if:
• A green roof was selected or
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Section Four: Small Projects
Post-Construction Stormwater Low Impact Development Standards Plan • if there is a significant structural aspect to the rain cisterns and collection system. • The plans must be stamped by a California Licensed Landscape Architect if any of the following SDMs were selected:
• stream setbacks and buffers, or
• soil quality improvement.
• Site Plans for vegetated swales must be stamped by either a California Civil Professional Engineer or a California Licensed Landscape Architect.

The SDMs must be clearly called out on the submitted plans with appropriate details. • A printout of the project's results page from the Post-Construction Calculator.

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Section Five: Regulated Projects
Post-Construction Stormwater Low Impact Development Standards Plan 5 Regulated Projects
The following process is required by the City of Los Banos for Regulated Projects as defined in Section 2.2.

There are 9 LID standards identified in the Phase II MS4 Pennit that are to be considered during the development of a project.

Table 5-1. LID Standards
LID Standards1

1. Define the development envelope and protected areas, identifying areas that are most suitable for development and areas to be left undisturbed.

2. Concentrate development on portions of the site with less permeable soils and preserve areas that can promote infiltration.

3. Limit overall impervious coverage of the stte with paving and roofs.

4. Set back development from creeks, wetlands, and riparian habitats:

5. Preserve significant trees.

6. Conform the stte layout along natural landforms.

7. Avoid excessive grading and disturbance of vegetation and soils.

8. Replicate the site's natural drainage patterns.

9. Detain and retain runoff throughout the site.

5.1 Identify Drainage Management Areas
Regulated Projects are required to provide a map or diagram that divides the development into discrete Drainage Management Areas (DMAs). These are areas of the project where the nature of the development is distinct from the other portions of the development and, therefore, require a unique approach to mitigating storm water runoff. A separate DMA would also be necessary for portions of the project where postconstruction design measures are dedicated to that portion only and operate independently from the other DMAs. Some projects will have multiple DMAs while other projects may have only one DMA.

5.2 Identify Applicable Source Controls
The project developer is required to identify potential sources of pollutants and to include into the design appropriate Best Management Practices (BMPs)/Source Controls. If a proposed Regulated Project has any of the potential pollutant-generating activities or sources identified in Table 5-2, it must be designed and operated consistent with the recommendations provided in the appropriate CASQA BMP Handbook. The CASQA Handbooks can be accessed in their entirety at www.CASOA.or~: some handbooks are available free of charge and others require purchase. Table 5-2 lists the BMP factsheets in the CASQA Development BMP Handbook, June 2021 edition (SD designations) and CASQA Industrial & Commercial BMP Handbook, December 2019 edition (SC & BG designations).
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Section Five: Regulated Projects
Post-Construction Stormwater Low Impact Development Standards Plan Table 5-2. List of Source Controls
Source Controls
Activity /Pollutant Source CASQABMP Activity or Design-Based Control Measure
Accidental spills or leaks SC-11 Activity
Interior floor drains SC-10 Activity and Design ( connection of interior floor drains to the storm
drainage system is prohibited)
Parking/ storage areas and maintenance SC-43 Activity
Indoor and structural pest control SC-35 Activity
Landscape/ outdoor pesticide use SD-10 Activity
BG-40
Pools, spas, ponds, decorative BG-63 Activity and Design fountains, and other water features SC-72
Restaurants, grocery stores, and other BG-30 Activity
food service operations
Refuse areas SC-34 Activity and Design
SD-32
Industrial processes SD-35 Design
SD-36
Outdoor storage of equipment or SC-32 Activity and Design materials SD-34
Vehicle and equipment cleaning SC-21 Activity and Design SD-33
BG-65
Vehicle and equipment repair and SC-22 Activity
maintenance BG-21
Fuel dispensing areas SC-20 Activity and Design
SD-30
BG-22
Loading docks SC-30 Activity and Design
SD-31
Fire sprinkler test water SC-41 Activity
Drain or wash water from boiler drain SC-10 Activity
lines, condensate drain lines, rooftop SC-41
equipment, drainage sumps, and other
sources
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Section Five: Regulated Projects
Post-Construction Stormwater Low Impact Development Standards Plan Source Controls
Activity /Pollutant Source CASQABMP Activity or Design-Based Control Measure
Unauthorized non-storm water SC-10 Activity
discharges
Building and grounds maintenance SC-41 Activity

5.3 Incorporate LID Design Standards
The project developer must demonstrate that each DMA has been designed to accomplish the LID Standards listed in Table 5-1. In completing the Post-Construction Project Worksheet (included in Appendix E), the project developer will be required to demonstrate that each DMA has addressed the nine LID Standards listed in Table 5-1. This demonstration can be completed through a combination of narrative description, calculations, supporting information, and/ or site plans and diagrams. City staff will review the project developer's response to each of the LID Standards. Staff may reject compliance statements, request additional information, or request design revisions to meet the objective of any LID Standard.

5.4 Select and Size Site Design and Treatment Control Measures As with Small Projects, Regulated Projects must also select one or more SDMs that infiltrate, evapo-transpire, harvest and reuse, or biotreat storm water runoff. Regulated Projects are required to reduce the amount of runoff by sizing each SDM or Treatment Control Measure to one of two hydraulic design criteria specified in the Phase II MS4 Permit.

Many of the Site Design Measures are described in Section 4 of this Plan. Table 5-3 lists SD Ms along with other possible Treatment Control Measures that infiltrate, evapo-transpire, harvest and reuse, or biotreat storm water runoff. The project developer will need to select one or more of these control measures for each DMA. For each measure listed in Table 5-3, the appropriate hydraulic sizing criteria and specification reference is also provided. A single control measure or a combination of control measures specified in Table 5-3 can be used to meet the hydraulic sizing criteria for each DMA. Information for on-line publicly available design references and guidance for many of the above-listed control measures are provided in Appendix G. Table 5-3 lists the BMP factsheets in the CASQA Development BMP Handbook,June 2021 edition (SD & TC designations).

Site Design or
Treatment Control
Measure
Stream setbacks and
vegetated buffers
(Site Design Measure)
Description
Preservation of a green strip or vegetated
buffer between the development and the
discharge point through which storm water
runoff passes.

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BMP
TC-10
Sizing
Criteria
Flow
5-3
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Site Design or
Treatment Control
Measure
Soil quality .improvement
(Site Design Measure)
Tree Planting and
Preservation
(Site Design Measure)
Porous pavement
(Site Design Measure)
Green roofs
(Site Design Measure)
Vegetated swales
(Site Design Measure)
Rain harvesting and reuse
(Site Design Measure)
Bioretention and rain
gardens
(Treatment Control
Measure)
Infiltration trench, Flowthrough Planter, or Tree
Wells
(Treatment Control
Measure)
Section Five: Regulated Projects
Post-Construction Stormwater Low Impact Development Standards Plan Site Design and Control Measures
Description CASQA Sizing
BMP Criteria
Commonly used in conjunction with TC-40 Volume
landscaping, bioretention, or storm water
gardens. Also known as "engineered soils",
through which storm water can infiltrate. This
provides additional on-site storage and reduces
peak flow rates.

Incorporated into the site's landscaping. Trees SD-10 SMARTS reduce the energy of falling rain and help to Calculator reduce peak flow rates.

Porous asphalt, concrete, or pavers; cobbles or SD-20 Volume rock covered surfaces; typically with at least
18" of drainage rock below the porous surface
covering to store and infiltrate storm water.

Plants and growing media permanently TC-40 Volume
installed on a rooftop to allow a certain
amount of storm water infiltration and
storage.

Storm water conveyance swales that are TC-30 Flow
vegetated to stabilize the swale and prevent
erosion. Vegetated swales .improve water
quality by providing filtration and biouptake of
pollutants and by promoting sedimentation of
suspended particles. Often, vegetative swales
are used in conjunction with "soil quality
improvement'' to provide greater infiltration
and / or with retention or detention basins.

Large scale or small scale capture, collection TC-12 Volume and re-use of storm water runoff. Includes
rain barrels used at downspouts and large
cisterns and collection systems.

Depressed landscaped areas to which storm TC-32 Volume
water runoff flows. These rain gardens are
designed with engineered soils so that they
facilitate infiltration and storage of storm
water.

S.imilar in concept to a French drain or a leach TC-10 Volume field, in which storm water runoff is able to and Flow
drain to a trench or pit that has been filled
with rock. It provides underground storage of
the water until it can infiltrate into the soils.

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Section Five: Regulated Projects
Post-Construction Stormwater Low Impact Development Standards Plan Site Design and Control Measures
Site Design or Description CASQA Sizing
Treatment Control BMP Criteria
Measure
Retention and detention Aboveground storage of storm water runoff in TC-11 Volume basins a basin that allows it to infiltrate into soils and TC-12 (Treatment Control / or be stored and released at a slower flow TC-22 Measure) rate. Impounded water must be infiltrated or
TC-40 discharged within 72 hours to avoid vector
breeding problems.

5.4.1 Volumetric Criteria
The Phase II MS4 Permit requires the City to have Conditions of Approval applicable for new development and redevelopment projects to require SDMs designed to evapo-transpire, infiltrate, harvest/use, and biotreat storm water and that are designated on Table 5-3 as a volume-based control measure to meet at least one of the following volumetric hydraulic sizing design criteria:
• The maximized capture storm water volume for the tributary area, on the basis of historical rainfall records, determined using the formula and volume capture coefficients in the Urban Runeff Quality Management, WEF Manual of Practice No. 23/ASCE Manual of Practice No. 87 (1998) pages 175-178 (that is, approximately the 85th percentile 24-hour storm runoff event); or • The volume of annual runoff required to achieve 80 percent or more capture, determined in accordance with the methodology in Section 5 of CASQA's Stormwater Best Management Practice Handbook, Development Gune 2021)2, using local rainfall data.

As a part of this Plan, the City is providing instructions for the project developer to download and use the worksheet. In this worksheet, capture volumes can be calculated using both of the above-referenced volumetric criteria methods. Both methods are described in Section 5 of the June 2021 Edition of the CASQA Stormwater BMP Handbook far Development. Section 5 of the handbook can be accessed and downloaded at the following web link:
h ups: / /www.casqa.org/sites / default/files/BMPHandbooks /castp development handbook final 06182021 .pdf.

The project developer can select either method to size the Site Design and Treatment Control Measures that require volumetric sizing as specified in Table 5-3. To satisfy the plan check requirements, one or more of these control measures must be used for each DMA and sized for the total runoff area of the DMA. The SWRCB's Post-Construction Calculator (refer to Appendix C) provides a discharge credit for trees by allowing an area of 218 sf for each evergreen tree and 109 sf for each deciduous tree. The SWRCB webpage provides guidance on calculating the discharge credit for the DMA.

5.4.2 Flow-Based Criteria
The Phase II MS4 Permit requires the City to have Conditions of Approval applicable for new development and redevelopment projects to require SDMs designed to evapo-transpire, infiltrate, harvest/use, and biotreat storm water and that are designated on Table 5-3 as a flow-based control measure to meet at least one of the following flow-based hydraulic sizing design criteria:
• The flow of runoff produced from a rain event equal to at least 0.2 inches per hour intensity; or 2 Formerly referenced as the CASQA Stormwater BMP Handbook for New Development and Redevelopment, 2003.

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Section Five: Regulated Projects
Post-Construction Stormwater Low Impact Development Standards Plan • The flow of runoff produced from a rain event equal to at least 2 times the 85th percentile hourly rainfall intensity as determined from local rainfall records. Local rainfall records are provided in Appendix D of the CASQA Stormwater BMP Handbook for Developmenft for Fresno, and Sacramento, California.3 Table 5-4 below provides the 85th percentile hourly rainfall intensities for these Central Valley locations as reported in the CASQA Development BMP Handbook.

Table 5-4. Rainfall Intensities and Flow-Based Design Values Rainfall Intensities and Flow-Based Design Values
Central Valley Weather Station 85th Percentile Rainfall Flow-Based Design Value Intensity (2x85th Percentile
(inches/hour) Intensity in inches/hour)
Fresno - Yosemite Internacional 0.090 0.180
Airport (3257)
Sacramento - 5 ESE (7633) 0.093 0.186
The project developer can select either method to size the Site Design and Treatment Control Measures that require flow-based sizing as specified in Table 5-4. To satisfy the plan check requirements one or more of these control measures must be used for each DMA and sized for the total runoff area of the DMA.

5.4.3 Allowed Variations and Exceptions
Site Design and Treatment Control Measures that infiltrate or bioretain storm water into the subsurface may be altered in their design as specified on Table 5-5 or based on allowable conditions provided by the City.

Condition
Facilities located within 10 feet of structures or other potential geotechnical hazards established by the
geotechnical expert for the project
Facilities with documented high concentrations of
pollutants in underlying soil or groundwater; facilities located where infiltration could contribute to a
geotechnical hazard; and facilities located on elevated plazas or other structures
Allowed Variation
May incorporate an impervious cutoff wall
between the bioretencion / infiltration facility
and the structure or other geotechnical hazard
May incorporate an impervious liner and may
locate the underdrain discharge at the bottom of
the subsurface drainage/storage layer (this
configuration is commonly known as a
"flowthrough planter")
3 htrps: , /www.cast1a.or1u sites, defaultt files BMPHandbooks / casqa development handbook final 06182021.pdf Provost & Pritchard Consulting Group • July 2022 5-6
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Section Five: Regulated Projects
Post-Construction Stormwater Low Impact Development Standards Plan AllmYed Design Variations
Condition Allowed Variation
Facilities located in areas of high groundwater, highly May omit the underdrain infiltrative soils or where connection of underdrain
to a surface drain or to a subsurface storm drain are
infeasible
Facilities serving high-risk areas such as fueling Are required to provide additional treatment to stations, truck stops, auto repairs, and heavy address pollutants of concern prior to the flow industrial sites reaching the infiltration facility
If the project developer demonstrates that the use ofbioretention or infiltration control measures are infeasible at the site, other types of treatment such as tree-box biofilters, compost filters, or in-vault media filters may be utilized for the following types of projects:

1. Projects creating or replacing an acre or less of impervious area, and located in a designated pedestrianoriented commercial district (i.e., smart growth projects), where at least 85% of the entire project site is covered by existing permanent structures;

2. Facilities receiving runoff solely from existing (pre-project) impervious areas; and

3. Historic sites, structures or landscapes that cannot alter their original configuration in order to maintain their historic integrity.

If any of these alternate non-infiltrating treatment control measures are utilized, they must meet the following performance criteria:
• Sized to treat the volumetric criteria specified in Section 5.4.2 or the flow-based criteria in Section 5.4.3 as appropriate to the type of treatment control measure selected. • Selected to effectively remove pollutants of concern associated with the new development The project developer is required to support the demonstration of infeasibility of using bioretention or infiltration control measures at the project site and the selection of the alternate non-infiltration treatment control measure(s) through the opinion of a qualified expert such as a California licensed Professional Civil Engineer, a California licensed Professional Geologist, a California licensed Geotechnical Engineer, and/ or an EnviroCert International, Inc. Certified Professional in Storm Water Quality (CPSWQ). If an alternate noninfiltrating treatment control measure is proposed, a technical report, stamped and signed by any of the abovereferenced professionals, demonstrating infeasibility of bioretention or infiltration and the selection and sizing of the alternate treatment control measure must be submitted with the Post-Construction Project Worksheet (Appendix E).

5.4.4 City Specific Requirements
The City typically has clayey soils, so infiltration may be limited to using engineered soils with a liner and a subsurface collection system unless location specific geotechnical testing data shows otherwise.

5.5 Hydromodification Measures
Storm water runoff that is not addressed with SD Ms must be treated with Treatment Control Measures (both of which are identified on Table 5-3) designed to infiltrate, evapo-transpire, and/ or bioretain runoff. In other words, if the DMA is utilizing trees and a storm water capture, collection, and reuse system, only the net runoff, after factoring in the credit for the trees and for the amount captured/ recycled, is subject to being Provost & Pritchard Consulting Group • July 2022 5-7
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Section Five: Regulated Projects
Post-Construction Stormwater Low Impact Development Standards Plan included in the treatment control requirements. Treatment "facilities" must comply with the following design parameters:

1. Sized to treat the volumetric criteria specified in Section 5.4.1 or the flow-based criteria in Section

5.4.2 as appropriate to the type of treatment control measure selected;

2. Maximum surface loading rate of the infiltration facility of 5 inches per hour, based on the runoff rates calculated for the DMA;

3. Minimum surface reservoir volume equal to surface area of the infiltration facility times a depth of 6 inches;

4. Minimum planting medium depth of 18 inches. The planting medium must sustain a minimum infiltration rate of 5 inches per hour throughout the life of the project and must maximize runoff retention and pollutant removal. A mixture of sand (60%-70%) meeting the specifications of American Society for Testing and Materials (ASTM) C33 and compost (30%- 40%) may be used.

5. Subsurface drainage/storage layer (typically gravel) with an area equal to the surface area and having a minimum depth of 12 inches;

6. Underdrain with discharge elevation at top of the gravel layer;

7. No compaction of soils beneath the treatment control measure; or if the soils had previously been compacted, they must be ripped and loosened;

8. No liners or other barriers interfering with infiltration; and

9. Appropriate plant palette for the specified soil mix and maximum available water use.

Alternatives to the above-listed nine design parameters for treatment "facilities" is allowed if all of the following equivalent effectiveness features are demonstrated:
• Equal or greater amount of runoff infiltrated or evapo-transpired; • Equal or lower pollutant concentrations in runoff that is discharged after biotreatment/infiltration; • Equal or greater protection against shock loadings and spills; and • Equal or greater accessibility and ease of inspection and maintenance.

Regulated projects that create and/or replace one acre or more of impervious surface must have incorporated Site Design and Treatment Control Measures (from Table 5-3) that prevent the post-project runoff from exceeding the pre-project flow rate for a 2-year, 24-hour storm event. This does not include projects that do not increase impervious surface area over the pre-project conditions. The 2-year, 24-hour values for the City is 1.19-inches4.

5.6 Prepare the Submittal
Regulated Projects are to compile the information required to be submitted to City Staff This includes the following items:
• A completed Post-Construction Worksheet is required (Appendix E). • A separate site plan for each DMA must be submitted. If there are multiple DMAs, a key map showing the location of the DMAs in relationship to one another and the entire site is required to be submitted.

Each DMA site plan is required to show the following information:
o DMA name and boundary;
o The selected Site Design and Treatment Control Measures (Table 5-3); o The total drainage area in square feet of the DMA;
o The pre-development peak flow rate at the point(s) of discharge; o The predicted post-development peak flow rate at the point(s) of discharge; o Areas of existing impervious surfaces (pre-development); 4 NO.AA Precipitation Frequency Data Server, Website:
https: 'hdsc.nws.noaa.~ovr hdsc/pfds pfds ma,p cont.html?bkmrk=ca Provost & Pritchard Consulting Group • July 2022 5-8
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Section Five: Regulated Projects
Post-Construction Stormwater Low Impact Development Standards Plan o Proposed areas of impervious surfaces (post-development); o Setbacks from creeks, wetlands, and riparian habitats; o Existing topography and drainage patterns (pre-development); o Proposed topography and drainage patterns (post-development); o Soil types, soil type boundaries within the DMA, and their Hydrologic Soil Group Classification rating (A, B, C, or D); and
o Trees, vegetation, and sensitive environmental areas to be protected and preserved. • Each plan must be stamped by a qualified licensed professional. The plans must be stamped by a California Civil Professional Engineer if any of the following control measures were selected: rooftop and impervious area disconnection, porous pavement, rain cisterns, bioretention or rain gardens, infiltration trench, or retention or detention basins. The plans must be stamped by a California Structural Professional Engineer if a green roof was selected or if there is a significant structural aspect to the rain cisterns and collection system. The plans must be stamped by a California licensed Landscape Architect if any of the following SDMs were selected: stream setbacks and buffers, soil quality improvement, vegetated swales, bioretention and rain gardens. The selected Site Design and Treatment Control Measure(s) must be clearly called out on the submitted plans. • Design drawings for the proposed Treatment Control Measures showing a plan view, elevation view, and subsurface cross-sections must be submitted. Sufficient detail and specifications should be included in these drawings to provide for adequate plan check review and for the construction of the treatment "facility". Each design drawing must be stamped by a qualified licensed professional. The drawings must be stamped by a California Civil Professional Engineer if any of the following control measures were selected: rooftop and impervious area disconnection, porous pavement, rain cisterns, bioretention or rain gardens, infiltration trench, or retention or detention basins. The drawings must be stamped by a California Structural Professional Engineer if a green roof was selected or if there is a significant structural aspect to the rain cisterns and collection system. The drawings must be stamped by a California licensed Landscape Architect if any of the following Site Design Measures were selected:
stream setbacks and buffers, soil quality improvement, vegetated swales, bioretention and rain gardens. • A printout of the results page from the Volumetric BMP Sizing Tool for each DMA and control measure that requires the volumetric sizing criteria is required to be submitted. (Refer to Appendix D) • Calculations stamped by the appropriate licensed individual (as described above) for each DMA and control measure that requires flow-based sizing criteria must be included with the submittal. • An O&M Plan and signed CoR for the proposed treatment control measures must accompany the submittal (refer to Section 6).

Provost & Pritchard Consulting Group • July 2022 5-9
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Section Six: Municipal Post-Construction Measures
Post-Construction Stormwater Low Impact Development Standards Plan 6 Municipal Post-Construction Measures
Owners of the projects where post-construction treatment control measures (as identified on Table 5-3) were installed are required to maintain the control measures so that they operate effectively and as designed. To that effect, the project developer during the plan check process must submit an O&M Plan and a CoR.

6.1 Ongoing Maintenance
The owner of the project where any post-construction treatment control measures were installed is required to prepare a written plan for conducting regular inspections and maintenance of the installed treatment facilities.

The proposed O&M activities should be commensurate with the maintenance measures identified in the CASQA BMP specifications. (Refer to Table 5-3.) The O&M Plan is required to identify the following information:
• Property name and address;
• Name of the DMA(s) and Treatment Control Measure(s);
• Property owner's contact information including name, mailing address, telephone number, and email address;
• Contact information for any contracted or delegated inspectors and maintenance personnel; • Minimum inspection frequency by the property owner or their designee; • Conditions that require maintenance or repair of the Treatment Control Measure; and • Preventative maintenance tasks, their frequency, and who will perform them.

The project developer is required to use the form provided in Appendix F for the O&M Plan submittal.

6.2 Landowner Responsibility
As part of the O&M Plan form, there is a CoR that must be accepted and signed by the property owner or the owner's duly authorized representative. The completed and signed form must be submitted during the plan check process. The statement indicates the current property owner's acceptance of responsibility for the on-going operation, inspection, and maintenance of the treatment control measures until the property and/ or responsibility is legally transferred to another entity (such as the new property owner or a maintenance district). It is the responsibility of the current owner to notify the new owner or responsible party of their ongoing O&M obligations. The municipal code for the City provides the municipality with the legal authority to require any property owner to properly maintain installed storm water treatment control measures.

6.3 Landowner Reporting
Each year the City will mail to owners of installed Treatment Control Measures an O&M self-certification form. This form is required by the municipal code to be completed annually by the owner of the property to certify that the O&M program (described in Section 6.1) is being implemented and that the Treatment Control Measure(s) is in an effective operational condition. The property owner will have up to 60 days to complete and return the annual O&M self-certification form. If reports are not received within the 60-day period, the City will perform the inspection and assessment; and the property owner will be billed for it as described in the municipal code.

Provost & Pritchard Consulting Group • July 2022 6-1
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Section Six: Municipal Post-Construction Measures
Post-Construction Stormwater Low Impact Development Standards Plan

6.4 City of Los Banos Information
The City of Los Banos is subject to the SWRCB's Phase II MS4 Permit and is required to have Conditions of Approval applicable for new development and redevelopment projects with the requirements contained in this Plan. For more information on the requirements of this plan or to obtain additional guidance on how to meet the conditions of this plan, please contact
City of Los Banos
Public Works Department
411 Madison Avenue
Los Banos, CA 93635
For more information about the City of Los Banos' storm water program or to download a copy of this PostConstruction Standards Plan or related-forms and tools, go to:
hltps: / /losbanos.or~ I ci~ -government/ departments/ public-works/ For further information regarding the plan check process, please contact the City Engineering Department regarding the plan checking process, such as the number of copies of plans required, forms that need to be used, dates and deadlines, turnaround/ review times, fees, contact information, etc.

For further information regarding the Municipal Code, City Public Works Standards, and Appeals, please contact the Public Works Department.

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Provost & Pritchard Consulting Group • July 2022
Appendix A
Glossary
Appendix-A1
152 152
Bioretention - A Stormwater Control Measure designed to retain stormwater runoff using vegetated depressions and soils engineered to collect, store, treat, and infiltrate runoff. Bioretention designs do not include underdrains.

Biotreatment or Biofiltration Treatment - A Storm.water Control Measure designed to detain stormwater runoff, filter stormwater through soil media and plant roots, and release the treated storm.water runoff to the storm drain system. Biotreatment systems include an underdrain.

Discretionary Approval -A project approval which requires the exercise of judgment or deliberation when the MS4 decides to approve or disapprove a particular activity, as distinguished from situations where the MS4 merely has to determine whether there has been conformity with applicable statutes, ordinances, or regulations.

Dispersion - The practice of routing stormwater runoff from impervious areas, such as rooftops, walkways, and patios, onto the surface of adjacent pervious areas. Stormwater runoff is dispersed via splash block, dispersion trench, or sheet flow and soaks into the ground as it moves slowly across the surface of the pervious area.

Drainage Management Area (DMAs) -Following the low impact development principle of managing stormwater through small-scale, decentralized measures, DMAs are designated individual drainage areas within a Regulated Project that typically follow grade breaks and roof ridge lines and account for each surface type (e.g., landscaping, pervious paving, or roofs). Stormwater Control Measures for runoff reduction and structural facilities are designed for each DMA.

Equivalent Impervious Surface Area - is equal to Impervious Tributary Surface Area (ft2) + Pervious Tributary Surface Area (ft2), where Impervious Tributary Surface Area is defined as the sum of all of the site's conventional impervious surfaces, and Pervious Tributary Surface Area is defined as the sum of all of the site's pervious surfaces, corrected by a factor equal to the surface's runoff coefficient.

Evapotranspiration (ET) - The loss of water to the atmosphere by the combined processes of evaporation (from soil and plant surfaces) and transpiration (from plant tissues).

Flow-Through Water Quality Treatment Systems - Stormwater Control Measures that are designed to treat stormwater through filtration and/ or settling. Flow-through systems do not provide significant retention or detention benefits for stormwater volume control.

Groundwater Basins - Groundwater basin areas defined by the California Department of Water Resources (DWR) and used in the Central Coast Water Board Joint Effort for Hydromodification Control to identify groundwater receiving-water issues and areas where recharge is a key watershed process. DWR based identification of the groundwater basins on the presence and areal extent of unconsolidated alluvial soils identified on a 1:250,000 scale from geologic maps provided by the California Department of Conservation, Division of Mines and Geology. DWR then further evaluated identified groundwater basin areas through review of relevant geologic and hydrogeologic reports, well completion reports, court-determined adjudicated basin boundaries, and contact with local agencies to refine the basin boundaries.

Impervious Surface - A hard, non-vegetated surface area that prevents or significantly limits the entry of water into the soil mantle, as would occur under natural conditions prior to development. Common impervious surfaces include, but are not limited to, roof tops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, oiled, macadam or other surfaces which similarly impede the natural infiltration of stormwater. Open, uncovered retention/ detention facilities shall not be considered as impervious surfaces for purposes of determining whether the thresholds for application of Performance Provost & Pritchard Consulting Group • July 2022 Appendix-A2 153 153
Requirements are exceeded. However, for modeling purposes, open, uncovered facilities that retain/ detain water (e.g., retention ponds, pools) shall be considered impervious surfaces.

Land recycling - The reuse of abandoned, vacant, or underused properties for redevelopment or repurpos1ng
Landscaped Areas - Areas of soil and vegetation not including any impervious surfaces of ancillary features such as impervious patios, BBQ areas, and pools.

Large River - A river draining 200 square miles or more.

Low Impact Development (LID) -A stormwater and land use management strategy that strives to mimic pre-disturbance hydrologic processes of infiltration, filtration, storage, evaporation, and transpiration by emphasizing conservation, use of on-site natural features, site planning, and distributed stormwater management practices that are integrated into a project design.

Ministerial Approval -A project approval which involves little or no personal judgment by the MS4 as to the wisdom or manner of carrying out the project and only involves the use of fixed standards or objective measurements.

Native Vegetation - Vegetation comprised of plant species indigenous to the Central Coast Region and which reasonably could have been expected to naturally occur on the site.

Net Impervious Area -The sum of new and replaced post-project impervious areas, minus any reduction in total imperviousness from the pre-project to post-project condition: Net Impervious Area = (New and Replaced Impervious .Area) - (Reduced Impervious Area Credit), where Reduced Impervious Area Credit is the total pre-project to post-project reduction in impervious area, if any.

New Development-Land disturbing activities that include the construction or installation of buildings, roads, driveways and other impervious surfaces. Development projects with pre-existing impervious surfaces are not considered New Development.

Percentile Rainfall Event (e.g., 85th and 95th) -A percentile rainfall event represents a rainfall amount which a certain percent of all rainfall events for the period of record do not exceed. For example, the 95th percentile rainfall event is defined as the measured rainfall depth accumulated over a 24-hour period, for the period of record, which ranks as the 95th percentile rainfall depth based on the range of all daily event occurrences during this period.

Permeable or Petvious Surface -A surface that allows varying amounts of stormwater to infiltrate into the ground. Examples include pasture, native vegetation areas, landscape areas, and permeable pavements designed to infiltrate.

Pre-Project - Stormwater runoff conditions that exist onsite immediately before development activities occur. This definition is not intended to be interpreted as that period before any human-induced land activities occurred. This definition pertains to redevelopment as well as initial development.

Project Site - The area defined by the legal boundaries of a parcel or parcels of land within which the new development or redevelopment takes place and is subject to these Post-Construction Stormwater Management Requirements.

Provost & Pritchard Consulting Group • July 2022 Appendix-A3 154 154
Rainwater Harvest - Capture and storage of rainwater or stormwater runoff for later use, such as irrigation (without runoff), domestic use (e.g. toilets), or storage for fire suppression.

Receiving Waters -Bodies of water, surface water systems or groundwater that receive surface water runoff through a point source, sheet flow or infiltration.

Redevelopment - On a site that has already been developed, construction or installation of a building or other structure subject to the Permittee's planning and building authority including: 1) the creation or addition of impervious surfaces; 2) the expansion of a building footprint or addition or replacement of a structure; or 3) structural development including construction, installation or expansion of a building or other structure. It does not include routine road maintenance, nor does it include emergency construction activities required to immediately protect public health and safety.

Replaced Impervious Surface - The removal of existing impervious surfaces down to bare soil or base course, and replacement with new impervious surface. Replacement of impervious surfaces that are patt of routine road maintenance activities are not considered replaced impervious surfaces.

Retention Tributary Area - The entire project area except for undisturbed areas, planted areas with native, drought-tolerant, or LID appropriate vegetation that do not receive runoff from other areas, and impervious surface areas that discharge to infiltrating areas that will not produce runoff or create nuisance ponding. The Drainage Management Areas are smaller Retention Tributary Areas that cumulatively make up the Retention Tributary Area for the entire site.

Self-Retaining Areas - (also called "zero discharge" areas), are designed to retain some amount of rainfall (by ponding and infiltration and/or evapotranspiration) without producing stormwater runoff. Self-Retaining Areas may include graded depressions with landscaping or pervious pavement.

Self-Treating Areas - are a portion of a Regulated Project in which infiltration, evapotranspiration and other natural processes remove pollutants from stormwater. The self-treating areas may include conserved natural open areas and areas of native landscaping. The self-treating area only treats the rain falling on itself and does not receive stormwater runoff from other areas.

Routine Road Maintenance - includes pothole and square cut patching; overlaying existing asphalt or concrete pavement with asphalt or concrete without expanding the area of coverage; shoulder grading; reshaping/regrading drainage systems; crack sealing; resurfacing with in-kind material without expanding the road prism or altering the original line and grade and/ or hydraulic capacity of the road.

Single-Family Residence -The building of one single new house or the addition and/or replacement of impervious surface associated with one single existing house, which is not part of a larger plan of development.

Stormwater Conuol Measures - Stormwater management measures integrated into project designs that emphasize protection of watershed processes through replication of pre-development runoff patterns (rate, volume, duration). Physical control measures include, but are not limited to, bioretention/rain gardens, permeable pavements, roof downspout controls, dispersion, soil quality and depth, minimal excavation foundations, vegetated roofs, and water use. Design control measures include but are not limited to conserving and protecting the function of existing natural areas, maintaining or creating riparian buffers, using onsite natural drainage features, directing runoff from impervious surfaces toward pervious areas, and distributing physical control measures to maximize infiltration, filtration, storage, evaporation, and transpiration of stormwater before it becomes runoff.

Provost & Pritchard Consulting Group • July 2022 Appendix-A4 155 155
Stormwater Control Plan - A plan, developed by the Regulated Project applicant, detailing how the project will achieve the applicable Post-Construction Stormwater Management Requirements (for both onsite and offsite systems).

Provost & Pritchard Consulting Group • July 2022 Appendix-AS 156 156
Provost & Pritchard Consulting Group • July 2022
Appendix B
Post-Construction Flow Chart
Appendix-81
157 157
No
The project is not applicable to the
Post Construction Program .._ _______ ~
requirements.

No
Runoff from only the
new or replaced
surface must be
treated.

Runoff from the entire
project must be treated.

Implement one or more
of the SDMs listed in
Table 5-3 and quantify
the runoff reduction
using the SMARTS
Post Construction
Calculator.

If the project has any of the activities
listed in Section 5, Table 5-2, require
it to follow the CASQA BMP
Handbook guidance.

Project developer
must select one or
more of the Site
Design Measures
listed in Table 5-3 to
Require the project developer to provide a map dividing the developed portions of the project site into discrete drainage management areas (DMAs) and to manage runoff from each --- Require the project developer to follow DMA using Site Design Measures and Storm Water the LID measures listed in Section 5.

Treatment and Baseline Hydromodification Measures.
evapotranspire,
infiltrate, harvest/reuse, or biotreat the
storm water runoff.

The Site Design Measure(s) must be
----------11>1 sized per Section 5 Volumetric Criteria 1-----M:
and Flow Based Criteria methods.

No
No Do any of the special site
conditions listed in Section

5.4.3, Table 5-5 apply?
Remaining runoff after
treatment with the Site Design
Measures must be directed to
one or more facilities sized to
be at least as effective as a
bioretention system having
the design parameters
detailed in Section 5.5.

Yes
Adjust the bioretention design as
appropriate and document the
reason for the design
modification.

Provost & Pritchard Consulting Group • July 2022
Do any of the
conditions listed in
Section 5.4.3 apply to
the project making the
use of bioretention or
infiltration control
measures infeasible?
Yes
The post-project runoff shall not
exceed the estimated pre-project
runoff for the 2-year, 24-hour
storm event.

Post Construction Design Complete
Require the project developer to submit complete package as detailed in Section5.6. Require the project developer to perform on-going maintenance, annual assessments and
submit annual reoortina as described in Section 6.

Appendix-B2
158 158
Provost & Pritchard Consulting Group • July 2022
Appendix C
SWRCB Post-Construction Calculator
Appendix-C1
159 159
The SWRCB Post-Construction Water Balance Calculator is available at the webpage below:

SWRCB Phase II MS4 webpage:
htrps: / /www.waterboards.ca.gov/water issues/programs/stormwater/phase ii municipal.html or
SWRCB SMARTS webpage: https: //smarts.wate.rboards.ca.izov I smarts/faces/ SwSmartsLo¢n.xhtml Additional assistance on filling out the Post-Construction Water Balance Calculator is available through the SWRCB's YouTube channel, "Construction General Permit Notice of Termination. Part 2" ht I ps://www.routube.com/watch?v=W3nj4pj8WHY
I
Notice of Termination Training
Post-Construction Runoff Reduction
Calculation In SMARTS
State Water Resources Control Board
Training Academy - College of S1orm Watar
Provost & Pritchard Consulting Group • July 2022 Appendix-C2 160 160
Provost & Pritchard Consulting Group • July 2022
Appendix D
Volumetric Sizing Tool, Treatment Controls
Appendix-D1
161 161
City of Los Banos Volumetric Post-Construction BMP Sizing Tool The Phase II MS4 Permit requires the municipality to condition applicable new development and redevelopment projects to require facilities designed to evopotmn.rpire, infiltrak, haroe.rt/ 11se, a11d biotreat storm water to meet at least one of the following hydraulic sizing design criteria:

Volumetric Criteria:

The maximi½ed capture storm water volume for the tributary area, on the basis of historical rainfall records, determined using the formula and volume capture coefficients in Urban Runoff Quality Management, WEF Manual of Practice No. 23/ ASCE Manual of Practice No. 87 (1998) pages 175-178 (that is, approximately the 85th percentile 24-hour storm runoff event); or
• The volume of annual runoff required to achieve 80 percent or more capture, determined in accordance with the methodology in Section 5 of the CASQA's BMP Handbook, Development Qune 2021), using local rainfall data.

In this worksheet, capture volumes can be calculated using both of these volumetric criteria methods. Both methods are described in Section 5 of the 2021 edition of the CASQA BMP Handbook, Development. Section 5 of the handbook can be accessed and downloaded at the following web link:
https:ljwww.casqa.org/sites/ default/files/ BMPHandbooks/casga development handbook final 06182021.pdf Instructions:

1. Start by entering the data on the "Volume Calculation" tab in the Yellow Boxes. It may be necessary to split up the project site into discrete drainage management areas (DMAs) where different "treatment'' methods will be used. Example: School Site with discrete runoff areas of asphalt pavement parking lot, concrete/building structures, internal landscaping, roof gardens, and sports fields. There would be 5 separate DMAs for this Project. A calculatation for each DMA would be required. At Step 1, enter the total area (10 square feet) for the DMA.

2. Calculate the percentage of the DMA for completed project that will be impervious to storm water (i.e. hardscape such as building, asphalt, concrete, etc.) and enter it into Step 2. Enter the number of existing and planned trees in the DMA, distinguishing between the number of evergreen and the number of deciduous varieties for the tree credit calculations.

3. Using the information presented under the "Runoff Coefficients" worksheet tab, determine the average runoff coefficient for the DMA and enter it into the Yellow box in Step 3. Document how the average coefficient was determined.

4. In Step 4, the capture volumes using both methods allowed by the Phase II MS4 Permit are presented. The project developer has the option of using either one. Select the one that will be used.

5. Please note that this sizing tool is only valid for projects located within the City of Los Banos. For questions please contact the City of Los Banos Public Works Department at (559) 827-7056. 162 162
Design Volume Sizing Calculator for BMPs
Complete the steps and enter the required information in the Yellow box only. Print this page and include with the project's submittal.

OMA Name:

1. OMA size (square feet), "A":

2. DMA Percent Impervious: ! l" impervious i
Number of existing or planned trees in the OMA:

Evergreen:! !
Total Tree Credit: 0.0 ft3
Deciduous: l !

3. OMA average runoff coefficient, "C":

4. DMA average runoff coefficient: l !Enter decimal coefficient, (Refer to the coefficient tab) Basis for the Calculations*:

Runoff Coefficients·

0.25 0.50 0.75 1.00
City of Los Banos 0.14 I 0.2a I o.42 I 0.56 ·Unit Basin Storage Volumes (lnchu) u•lng 80% NnOff capture with 48-hour draw down times, Weather stations, CASQA BMP Handbock, Oevelopmenl (J1.11e 2021 )
OMA Runoff Coefficient, Volumetric design value "C"
c,.

Regression con start for
48-hour draw dowri (<l) ~
DMA's Unit Basin Storage Volume (inches):lr--..-0 ..... 0.... 0!P6 = Detennlne the OMA Capture Design Volume from the two calculations:

CASQA Development BMP Handbook Method: Using the Urban Runoff Quality Management Approach:

Required Capture Volume: Required Capture Volume: xi:nL.fY' DetMtion 0 cubic feet I O cubic feet I Volume (Po) ~
0 gallons t 0 gallons
#DIV/01 acre-feet a , \ #DIV/01 acre-feet
Identify the method used for Project Development OMA r-----------, a.oo T/11s 1s the 1mperv1ou~
coefficierJt ( iJ ised for t/le
Urbal' Ri,,,off Qm,litv
Manage.merJt approach
c OdJ T 1·11s 's the average coeffic,1enf
using 'he Urban Kunoff
Quality Manage/Tier,/
approach and tr,e impervious
area
Fer the CASQA BMP
1 963 1-/ar,dbnok for t'1e Urban
Runoff Quality Managefl1erJt
Approach
Cl 55 ,c~es
C'ASQA Develop1'1ent BMr'
Handbook Aooendix D Table
1-'~6, most conserv:;itivo value
C 041 inches
=a•p5•c
163 163
Runoff Coefficients for Undeveloped Areas
Watershed Types
Estreme High Normal
Relief .28 -.35 .20-.28 ,14-.20
Steep, rugged terrain Hilly, with average Rolling, \Vith average with a\'erage slopes slopes of IO to 30% slopes ofS 10 10% abon 30%
Soil .12-.16 ,08 -.12 .06-.08 Infiltration
No effectiYe soil Slow to lake up Normal; well drained
cover, either rock or water, clay or light or medium
thin soil mantle of shallow loam soils of textured soils, sandy negligible low infiltration loams, silt and silt
infiltration capacity capacity, imperfectly loams
or poorly drained
Vecetal .12-.16 .08 ~12 .06-.08 Cover
No effective plant Poor to fair; clean Fair to good; about cover, bare or very cultivation crops, or 50% of area in good sparse cover poor natural cover, grassland or wood•
less than 20% of land, not more than
drainage area over 50% of area in
good cover cultivated crops
Surface .10 -.12 .08 -.10 ,06 -.08 Storaee
Negligible surface Low; well defined Normal;
depression few and system of small considerable surface shallow; dnrinageways; no depression storage;
drainageways steep ponds or marshes lakes and pond
and small, no marshes
marshes
Given An undeveloped walershed consisting of; oluuon
1) rolling terrain with overage slopes of 5%,
2) clay IJ·pe soils,
3) good grassland area, and
4) normal surface depressions.

Re li<f
oil lunl1r.1111on
Vciy~1111I (l'o' Ct
Surf.ac-, Storn~c
Low
.08-.14
Relatively flat land ,
with average slopes
ofO to S¾
.04 -.06
High; deep sand or
other soil that takes
up water readily,
very light well
drained soils
.04-.06
Good 10 excellent;
about 90% of
drainage area in
good grassland,
woodland or
equivalent cover.
.04-.06
High: surface stor•
age. high; drainage
system not sharply
defined; large flood
plain storage or large
number of ponds or
marshes.

II 14
I) .. ~
U (I)
!l.l!li
C• 0 32
Runoff Coefficients for
Developed Areas
Type of Drainage Area
Business:

Downtown areas
Neighborhood areas
Residential :

Single-family areas
Multi-units, detached
Multi-units, attached
Suburban
Apartment dwelling areas
Industrial:

Light areas
Heavy areas
Parks, cemeteries:

Playgrounds:

Railroad yard areas:

Unimproved areas:

Lawns:

Runoff
Coefficient
0,70 - 0.95

0.50 - 0.70

0.30 - 0.50

0.40 - 0.60

0.60 - 0.75

0.25 - 0.40

0.50 - 0.70
O.SO - 0.80

0.60 - 0.90

0.10 - 0.25

0.20 - 0.40

0.10 • 0.30
Sandy soil, flat, 2% 0.05 - 0.10
Sandy soil, average, 2-7% 0.10 • 0.15
Sandy soil, steep, 7% 0.15 - 0.20
Streets:

Roofs:

Heavy soil, flat, 2% 0.13 -0.17
Heavy soil, average, 2-7% 0.18 - 0.25
Heavy soil, steep, 7%
Asphaltic
Concrete
Brick
Drives and walks

0.25 - 0.35

0.70 - 0.95

0.80 - 0.95

0.70 - 0.8S

0.75 - 0.85

0.75 - 0.95
164 164
'2-Year 24-Hour Rainfail Values anci Post.:Construction DIIIIA Fiow Rates [For proJects that Ct8Bte or rap/sea one or mo,e acras of Impervious surface, enter the 2-Year 24-Hour s/01711 amount to calculate the ln/J/al amount of discharge for whieh the post1const111ctlon project. cannot exoeed the ~construction flow rate value:
'The 2-Year 24-Hour value: 1.19 1ne11es/day OMA 71-construclion flow rate: 0 ft3/day 'The Volume Calculation tab, Step 4, Selected capture volume selected (cell 833 or E33): l _ cubic reei 0 gallons/day iNOAA Website Address: http://hdsc.nws.noaa.gov/hdsc/pfds/pfds map cont.html?bkmrk=ca 5121!122, 12:49 PM PreciJ)ilation FR>QUency Data Seiver NOAA Alias 14, Volt.wneG, Vlnlon2
(i) Location name: Las Banos, Cellfo~• • · ..-..ie:·37.0513", LonglWde: 0 1211.ov, ~121.8211""
-~~~

POINT PRECPITATION FREQUENCY ESTIMATES
~~~-~~"':;.~~~~~=:v::a+:::~ 8oMh, Dantal Bl'Ml9r. Lt.awan Chen, T,a Pllrzrbolt, Jot.I Yatdloaft.

NOAA, -W•otlMr-. SmrSpihg, M.,,... ™ I PF graphli;8i 1Maps & aerials PF tabular
• ~&equency(PFj-.tnlhls-arebosed011floquen<yanal)'siSof Partial-oeries(POSi dur-and......_..........,"""""4wilbe1J1511erlhanlheupper-(orlesslhan lhe-bo1Jnd)is5'1L.,_..,.. ... ___ ,.. inparenlhesis...,PF__,,.,'°""" ___ ofl!lellO!l,...-c:e-..i. Tllopn,bablli1y111atprecipitaliontC(JoeflCy-(ba I aga1ns1pr-..-iun~(PMP)es1lmales-and-,bel'iglw!r1hanCWTenlfyvaidPMPvalues. ,_.,t10Mlllas14-...ntformcreinformalion.
~
PF graphical
https:Jlhdsc.nws.noaa.gov~.hlml'1fal--37.0563&1on~120.8870&dala=depth&!.rolts--english&series 114 165 165
Site Design Measures; Volumetric Sizing Guidance
Proposed Project facilities designed to evapotranspire, infiltrate, harvest/use, and biotreat storm water are required to meet at least one of the following hydraulic sizing design criteria:
1) Volumetric Criteria:
a) The maximized capture storm water volume for the tributary area, on the basis of historical rainfall records, determined using the formula and volume capture coefficients in Urban Runoff Quality Management, WEF Manual of Practice No. 23/ ASCE Manual of Practice No. 87 (1998) pages 175-178 (that is, approximately the 85th percentile 24-hour storm runoff event); or b) The volume of annual runoff required to achieve 80 percent or more capture, determined in accordance with the methodology in Section 5 of the CASQA's Stormwater Best Management Practice Handbook, New Development and Redevelopment (2003), using local rainfall data. 2) Flow-based Criteria:
a) The flow of runoff produced from a rain event equal to at least 0.2 inches per hour intensity; or b) The flow of runoff produced from a rain event equal to at least 2 times the 85th percentile hourly rainfall intensity as determined from local rainfall records. c) The Rational Method is used to calculate the stormwater design flow (SDF) according to the following equation:

Where:

Q =Cr* i*A*1.008
Q = stormwater design flow (ft3/s)
C, = stormwater runoff coefficient for DMA
i = design rainfall intensity (0.2 in/ru: or other based on 2.b above) A= total area ofDMA (acre)

1.008 = unit conversion factor (hr/acre/in)
See below for the Hydraulic Analysis and Stormwater Control Measure Sizing Guidance instructions for determining the retention tributary area, retention volume and structural stormwater control measure sizing.

Hydrologic Analysis and Stormwater Control Measure Sizing Guidance Project site conditions will influence the ability to comply with the Water Quality Treatment and Runoff Retention Performance Requirements. This Appendix provides the acceptable Stormwater Control Measure (SCM) sizing methodology to evaluate runoff characteristics. This guidance provides a simple event-based approach and a runoff routing approach. Both of these approaches are based on sizing for a single-event and avoid the necessity of using calibrated, continuous simulation modeling. The project applicant may use a locally/ regionally calibrated continuous simulation-based model to improve hydrologic analysis and SCM sizing. 1) Determination of Retention Tributary Area
Determining the Retention Tributary Area is the basis for calculating the runoff volumes subject to Performance Requirement Number 3. Retention Tributary Area should be calculated for each individual Drainage Management Area to facilitate the design of SCMs for each Drainage Management Area. The generic equation below illustrates how various portions of the site are addressed when determining the Retention Tributary Area. The Retention Tributary Area calculation must also account for the adjustments for Redevelopment Projects subject to Performance Requirement No. 3. a) Compute the Retention Tributary Area, using the equation:

R.itention Tributary Area = (Entire Project Area) - (Undisturbed or Planted Areas) - (Impervious S u,face Areas that Discharge to I,ifiltratingAreas)
b) Adjustments for Redevelopment Project Retention Tributary Area - Where the Regulated Project includes replaced impervious surface, the following Retention Tributary Area adjustments apply:
i) Redevelopment Projects outside an approved Urban Sustainability Area, as described in the Alternative Compliance Section. -The total amount of replaced impervious surface area shall be multiplied by 0.5 when calculating the Retention Tributary Area.
ii) Redevelopment Projects located within an approved Urban Sustainability Area, as described in the Alternative Compliance Section. - The replaced impervious surface areas may be subtracted from the Retention Tributary Area. The total amount of runoff volume to be retained from replaced impervious surfaces shall be equivalent to the pre-project runoff volume retained.

Provost & Pritchard Consulting Group " July 2022 Appendix-D2 166 166
2) Determination of Retention Volume
a) Detennine the Regulated Project's Runoff Retention Requirement (e.g., Retain 95th Percentile 24-hour Rainfall Event, or, Retain 85th Percentile 24-hour Rainfall Event). b) Determine the 85th percentile 24-hour rainfall event:

Flow rates shall be determined by using the Soil Conservation Technical Release 55 (TR55) entitled, "Urban Hydrology for Small Watersheds.
c) Compute the Runoff Coefficient' "C" for the area tributary to the SCMs, using the equation:

C = 0.858i 0.78i2 + 0.774i + 0.04
Where "i" is the fraction of the tributary area that is impervious 6 d) Compute Retention Volume:

Retention Volume for 9 5th Percentile 24-hr "Rai,ifa/1 Depth = C x "Rai,ifa/1Depth95 th x Retention Tributary Area or,
Retention Volume for 85 th Percentile 24-hr Rai,ifall Depth = C x Rai,ifa/1 Depth85 th x Retention Tributary Area All rainfall directly incident to each SCM must be considered in determining runoff, including: tributary landscaping, impervious areas, pervious pavements, and bioretention features.

Note: For redevelopment projects located within an approved Urban Sustainability Area the total amount of runoff volume to be retained from replaced impervious surfaces shall be equivalent to the pre-project runoff volume retained.
3) Structural Stormwater Control Measure Sizing
The Project engineer shall use structural SCMs that optimize retention and result in optimal protection and restoration of watershed processes, such as Structural Control Measures associated with small-scale, decentralized facilities designed to infiltrate, evapotranspirate, filter, or capture and use stormwater, to address the volumes calculated in 2 (above). Where the Project is within an area where infiltration is required, SCM designs that optimize infiltration of the entire Retention Volume is required, to minimize the potential need for off-site mitigation.

Various resources provide design guidance for fully infiltrative SCMs (see Appendix G):
a) Calculate SCM Capture Volume - Calculate the required SCM Capture Volume, associated with the Regulated Project's Runoff Retention Requirement, by one of the following methods:

Method 1: Simple Method
SCM Capture Volume= Retention Volume for 95th Percentile 24-hr Rai,ifa/1 Depth or,
SCM Capture Volume = Retention Volume for 85th Percentile 24-hr Rai,ifal/ Depth Method 2: Routing Method
Use a hydrograph analysis 7 to determine the SCM Capture Volume needed to retain the Retention Volume for 95th or 85th Percentile 24-hr Rainfall Depth calculated in 2 (above). The SCM Capture Volume shall be based on both the rate of flow from tributary areas into the SCM, and the rate of flow out of the SCM through infiltration into the underlying soil during the rain event. When conducting the hydrograph analysis, adhere to the criteria included in Table 1. The SCM shall be designed such that a single 95th or 85th Percentile 24-hr Rainfall Event will not overflow the SCM.
5 As set forth in WEF Manual of Practice No. 23/ ASCE Manual of Practice No. 87, (1998), pages 175-178 and based on the translation of rainfall to runoff using a runoff regression equation developed using two years of data from more than 60 urban watersheds nationwide. 6 As defined in Performance Requirements Appendix C. 7 HydroCAD is an example of a commonly used and widely accepted program for performing hydrograph analyses and design of stormwater infrastructure. HydroCAD is based on U.S. Department of Agriculture Soil Conservation Services (now Natural Resources Conservation Service) TRSS: Urban Hydrology for Small Watersheds.

Provost & Pritchard Consulting Group• July 2022 Appendix-D3 167 167
If the Retention Volume cannot infiltrate within 48-bours, a multiplier of 1.20 shall be applied to the SCM Capture Volume calculated through the routing method.

T a e bl 1 R : oumt" g M e th 0 d C n 't erta '
Parameter !Criteria
Hydrograph Analysis Method
National Resources Conservation Service or Santa Barbara Urban Hydrograph
Pond Routing Method Storage-indication, unless otherwise justified to be more correct based on site and storage conditions.

Underlying soil saturated infiltration rate, as indicated by locally Infiltration Rate accepted data approved by the Permittee and/ or by on-site testing, whichever is more accurate.

Rainfall Distribution
National Resources Conservation Service Type 110 or based on local rainfall data
Time of Concentration Permittee's current drainage and flood control standard Time Increment

0.10 hour, unless otherwise justified to be more correct based on rainfall distribution
b) Demonstration of Compliance - Project engineer shall demonstrate that site SCMs: a) will infiltrate and/ or evapotranspirate the Retention Volume or, b) will provide sufficient Capture Volume to retain the Retention Volume. Any outlet (i.e., underdrain) installed in a structural SCM shall be installed above the elevation of any portion of the structural SCM dedicated to Retention Volume storage.

Compliance with Water Quality Treatment Performance Requirement - Projects that propose to use the retention-based structural Stormwater Control Measures, shall also meet the Water Quality Treatment Performance Requirement, and demonstrate in the Stormwater Control Plan, that the Water Quality Treatment Performance Requirement is being fully met.

Provost & Pritchard Consulting Group • July 2022 Appendix-D4 168 168
Provost & Pritchard Consulting Group • July 2022
Appendix E
Post-Construction Worksheet
Appendix-E1
169 169
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POST CONSTRUCTION WORKSHEET

PROJECT SUMMARY SHEET
PROJECT OWNER INFORMATION:

Property Owner Name:

Name of Contact Person:

Mailing Address:

Telephone: Email:

PROJECT INFORMATION:

Project Name:

Name of Contact Person:

Project Address
Anticipated Construction Date: Construction End Date:

Project Size (ft2): Subject to Construction General Permit (Y/N):

POST-CONSTRUCTION STANDARDS PLAN PREPARER INFORMATION:

Name of Organization:

Name of Contact Person:

Mailing Address:

Telephone: Email:

PROJECT APPLICABILITY:

Type of Project (Check One): Small Project (2,500 to 5,000 ft2 or detached single family home) Regulated Project (5,000 ft2)
Not applicable to the Post-Construction Standards Plan (Provide reason in space below)
Is this a redevelopment project? (Yes/No):

Will the project result in an increase of more than 50% of the impervious surface? (Yes/No):

Has the project or the vesting map received approval from the City? (Yes/No/NIA):

Date of project or vesting map approval:

Describe the nature and scope of the construction project:

Number of Drainage Management Areas (DMAs):

Provost & Pritchard Consulting Group • July 2022 Appendix-E2 170 170
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POST CONSTRUCTION WORKSHEET

SMALL PROJECT SUBMITTAL SHEET
PROJECT INFORMATION:

Project Name:

Name of Contact Person:

Project Address:

SELECTION OF SITE DESIGN MEASURES:

Select one or more of the following Site Design Measures (as identified in Section 4.1 of the Post-Construction Standards Plan) which will be incorporated into the project's design.

Site Design Measures Selected (Yes/No)
Stream Setbacks and Buffers
Soil Quality Improvement and Maintenance
Tree Planting and Preservation
Rooftop and Impervious Area Disconnection
Porous Pavement
Green Roofs
Vegetated Swales
Rain Barrels and Cisterns Subject to Construction General Permit (Y/N):

POST-CONSTRUCTION CALCULATOR INFORMATION:

Enter the following data from the State's Post-Construction Calculator:

Pre-Project Runoff Volume (ft3) :

Post-Project Runoff Volume (ft3):

Net Credit of Volume Credits (ft3):

SMALL PROJECT SUBMITTAL REQUIREMENTS:

The following must be submitted for Small Projects to the plan checker:
• Completed pages 1 and 2 of this Post-Construction Worksheet. • Site plans showing the selected Site Design Measure(s) (identified in Section 4.1). The plans must be stamped by a California Civil Professional Engineer if any of the following Site Design Measures were selected: rooftop and impervious area disconnection, porous pavement, or rain cisterns. The plans must be stamped by a California Structural Professional Engineer if a green roof was selected or if there is a significant structural aspect to the rain cisterns and collection system. The plans must be stamped by a California Licensed Landscape Architect if any of the following Site Design Measures were selected:
stream setbacks and buffers, soil quality improvement, or vegetated swales. The Site Design Measure(s) must be clearly called out on the submitted plans.
• A printout of the results page from the Water Board's SMARTS or Microsoft ExcelTM Post-Construction Calculator.

Provost & Pritchard Consulting Group • July 2022 Appendix-E3 171 171
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POST CONSTRUCTION WORKSHEET

REGULATED PROJECT DMA SUBMITTAL SHEETS
DRAINAGE MANAGEMENT AREA (DMA) & PROJECT INFORMATION:

A separate Regulated Project OMA Submittal Sheet is required to be completed and submitted for each OMA.

Refer to Section 5.1 of the Post-Construction Standards Plan for more information about DMAs.

Project Name:

Project Owner Name:

Project Address:

Name of the DMA:

OMA Area (ft2):

SELECTION OF APPLICABLE SOURCE CONTROLS:

Indicate which of the following activities or pollutant sources are included in this OMA of the new development or redevelopment. For more information about required Source Control refer to Section 5.2.

Source Controls (Yes/No)
Accidental spills or leaks
Interior floor drains
Parking/storage areas and maintenance
Indoor and structural pest control
Landscape/outdoor pesticide use
Pools, spas, ponds, decorative fountains, and other water features Restaurants, grocery stores, and other food service operations Refuse areas
Industrial processes
Outdoor storage of equipment or materials
Vehicle and equipment cleaning
Vehicle and equipment repair and maintenance
Fuel dispensing areas
Loading docks
Fire sprinkler test water
Drain or wash water from boiler drain lines, condensate drain lines, rooftop equipment, drainage sumps, and other sources
Unauthorized non-storm water discharges
Building and grounds maintenance
HYDROLOGIC SOIL GROUP AND SOIL TYPE INFORMATION:

Enter information concerning the soil types within this DMA.

Soil Type Name
Provost & Pritchard Consulting Group • July 2022
HSG Group (A, B, C, or D)
Appendix-E4
172 172
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POST CONSTRUCTION WORKSHEET

REGULATED PROJECT SUBMITTAL SHEETS
LOW IMPACT DEVELOPMENT (LID) DESIGN REQUIREMENTS:

Please describe how the project is meeting each of the following LID design requirements. Provide your response in the text box following each requirement or provide responses on a separate sheet.

1. Define the areas of the project that are to be left undisturbed or protected from soil disturbance. Identify sensitive environmental receptors such as water bodies, stream buffers, existing trees, riparian area, and habitat areas.

2. How is the project concentrating development on portions of the site with less permeable soils and preserving areas that can promote infiltration?

3. How is the project limiting the overall impervious coverage of the site consisting of paving and roofs?

4. If applicable, how much setback is there of the development from creeks, wetlands, and riparian habitats?

5. List and describe the trees that will be preserved.

Provost & Pritchard Consulting Group • July 2022 Appendix-ES 173 173
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POST CONSTRUCTION WORKSHEET

REGULATED PROJECT SUBMITTAL SHEETS
LOW IMPACT DEVELOPMENT (LID) DESIGN REQUIREMENTS:

Please describe how the project is meeting each of the following LID design requirements. Provide your response in the text box following each requirement or provide responses on a separate sheet.

6. Describe how the new development or redevelopment site layout will conform along natural landforms.

7. Describe how the project is avoiding excessive grading and disturbance of vegetation and soils.

8. Describe how the project is avoiding excessive grading and disturbance of vegetation and soils.

9. Describe how the project will detain and retain runoff through the new development and redevelopment site.

Provost & Pritchard Consulting Group • July 2022 Appendix-E6 174 174
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POST CONSTRUCTION WORKSHEET

REGULATED PROJECT DMA SUBMITTAL SHEETS
PRE-AND POST-DEVELOPMENT PROJECT HYDROLOGY INFORMATION:

Provide the following hydrology information for this OMA.

Pre-Development Conditions:

Percent Impervious:

Average runoff coefficient for this OMA:

Peak flow rate (ft3/sec) for this DMA using the 2-year 24-hour design value discussed in Section 5.5:

Post-Development Conditions:

Percent Impervious:

Average runoff coefficient for this DMA:

Peak flow rate (ft3/sec) for this DMA using the 2-year 24-hour design value discussed in Section 5.5:

SELECTION OF SITE DESIGN AND TREATMENT CONTROL MEASURES:

Indicate which Site Design and Treatment Control Measures will be used for this DMA. For more information, refer to Table 5-3. Provide calculations and design drawings for the selected measures per the submittal requirements described in Section 5.6.

Site Design or Treatment Control Measure
Stream Setbacks and Vegetated Buffers
Sizing
Criteria
(Site Design Measure) Flow
Soil Quality Improvement
(Site Design Measure) Volume
Tree Planting and Preservation SMARTS
(Site Design Measure) Calculator
Porous Pavement
(Site Design Measure) Volume
Green Roofs
(Site Design Measure) Volume
Vegetated Swales
(Site Design Measure) Flow
Rain Harvesting and Reuse
(Site Design Measure) Volume
Bioretention and Rain Gardens
(Treatment Control Measure) Volume
Infiltration Trench, Flow-through Planter, or Tree Wells Volume (Treatment Control Measure) and Flow
Retention and Detention Basins
(Treatment Control Measure) Volume
Selected
(Yes/No)
Enter the Calculated Design
Capture Volume or Flow Rate
for the Selected Measure
Provost & Pritchard Consulting Group • July 2022 Appendix-E7 175 175
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POST CONSTRUCTION WORKSHEET

REGULATED PROJECT DMA SUBMITTAL SHEETS
VARIATIONS AND EXCEPTIONS:

Identify any applicable variations or exceptions for this DMA.

Condition
Facilities located within 10 feet of
structures or other potential
geotechnical hazards established by
the geotechnical expert for the
project.

Facilities with documented high
concentrations of pollutants in
underlying soil or groundwater,
facilities located where infiltration
could contribute to a geotechnical
hazard, and facilities located on
elevated plazas or other structures.

May incorporate an impervious liner
and may locate the underdrain
discharge at the bottom of the
subsurface drainage/storage layer
(this configuration is commonly
known as a "flow-through planter").

Facilities serving high-risk areas
such as fueling stations, truck stops,
auto repairs, and heavy industrial
sites.

Allowed Variation
Facilities located within 10 feet of
structures or other potential
geotechnical hazards established by
the geotechnical expert for the
project.

May incorporate an impervious liner
and may locate the underdrain
discharge at the bottom of the
subsurface drainage/storage layer
(this configuration is commonly
known as a "flow-through planter").

May omit the underdrain.

Are required to provide additional
treatment to address pollutants of
concern prior to the flow reaching
the infiltration facility.

Applicable to this DMA?
If so, explain
If infiltration is not feasible for this DMA, please provide an explanation of the infeasibility and a description of the alternate non-filtrating treatment control measure(s) that will be used in accordance with the development requirements in Section 5.4.4.

Provost & Pritchard Consulting Group • July 2022 Appendix-ES 176 176
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POST CONSTRUCTION WORKSHEET

REGULATED PROJECT SUBMITTAL REQUIREMENTS
The following must be submitted for Regulated Projects to the plan checker:
• The completed Post-Construction Worksheet including page 1 and, for each OMA, pages 3 - 10. • A separate site plan for each DMA must be submitted. If there are multiple OMAs, a key map showing the location of the OMAs in relationship to one another and the entire site is required to be submitted. Each DMA site plan is required to show the following information:
✓ DMA name and boundary;
✓ The selected Site Design and Treatment Control Measures (identified in Table 5-3); ✓ The total drainage area in square feet of the DMA;
✓ The pre-development peak flow rate at the point(s) of discharge; ✓ The predicted post-development peak flow rate at the point(s) of discharge; ✓ Areas of existing impervious surfaces (pre-development); ✓ Proposed areas of impervious surfaces (post-development); ✓ Setbacks from creeks, wetlands, and riparian habitats; ✓ Existing topography and drainage patterns (pre-development); ✓ Proposed topography and drainage patterns (post-development):
✓ Soil types, soil type boundaries within the OMA, and their Hydrologic Soil Group Classification rating (A, B, C, or O);
✓ Trees, vegetation, and sensitive environmental areas to be protected and preserved. • Each plan must be stamped by a qualified licensed professional. The plans must be stamped by a California Civil Professional Engineer if any of the following control measures were selected: rooftop and impervious area disconnection, porous pavement, rain cisterns, bioretention or rain gardens, infiltration trench, or retention or detention basins. The plans must be stamped by a California Structural Professional Engineer if a green roof was selected or if there is a significant structural aspect to the rain cisterns and collection system. The plans must be stamped by a California licensed Landscape Architect if any of the following Site Design Measures were selected: stream setbacks and buffers, soil quality improvement, vegetated swales, bioretention and rain gardens. The selected Site Design and Treatment Control Measure(s) must be clearly called out on the submitted plans. • Design drawings for the proposed Treatment Control Measures showing a plan view, elevation view, and subsurface cross-sections must be submitted. Sufficient detail and specifications should be included in these drawings to provide for adequate plan check review and for the construction of the treatment "facility". Each design drawing must be stamped by a qualified licensed professional. The drawings must be stamped by a California Civil Professional Engineer if any of the following control measures were selected: rooftop and impervious area disconnection, porous pavement, rain cisterns, bioretention or rain gardens, infiltration trench, or retention or detention basins. The drawings must be stamped by a California Structural Professional Engineer if a green roof was selected or if there is a significant structural aspect to the rain cisterns and collection system. The drawings must be stamped by a California licensed Landscape Architect if any of the following Site Design Measures were selected: stream setbacks and buffers, soil quality improvement, vegetated swales, bioretention and rain gardens.
• A printout of the results page from the MS Excel™ Volumetric BMP Sizing Tool for each DMA and control measure that requires the volumetric sizing criteria is required to be submitted. (Refer to Appendix C for information on how to download the tool.) • Calculations stamped by the appropriate licensed individual (as described above) for each OMA and control measure that requires flow-based sizing criteria must be included with the submittal. • An Operation and Maintenance Plan and signed Statement of Responsibility for the proposed treatment control measures must accompany the submittal (refer to Section 6 and Appendix F).

Provost & Pritchard Consulting Group • July 2022 Appendix-E9 177 177
Provost & Pritchard Consulting Group • July 2022
Appendix F
O&M Plan
Certificate of Responsibility template
Appendix-F1
178 178
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OPERATION & MAINTENANCE (O&M) PLAN
7 PROPERTY OWNER INFORMATION:

Property Owner Name:

Name of Contact Person:

Mailing Address:

Telephone:
8 DEVELOPMENT INFORMATION:

Name of Development:

Development Address:

Assessor Parcel Number:

Responsible Party for Inspections and Maintenance
of Treatment Control Measures:

Mailing Address:

Telephone:
9 TREATMENT CONTROL MEASURES:

Email:

List the treatment control measures at the development and their inspection frequencies (minimum of once per year). For each treatment control measure, describe conditions that require maintenance or repair. Describe preventative maintenance needed to keep te treatment control measure effective.

Treatment Control Measure Inspection Frequency Description of Maintenance and/or Repairs Provost & Pritchard Consulting Group • July 2022 Appendix-F2 179 179
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STATEMENT OF RESPONSIBILITY
THIS AGREEMENT is made and entered into in ________________ _, California, this ___ day of _______ , by and between
________________ hereinafter referred to as "Owner" and the City of Los Banos;
WHEREAS, the Owner owns real property ("Property") in the City of Los Banos, State of California, depicted on the attached map, which are attached hereto; WHEREAS, at the time of initial approval of the development project known as ____________ _______________ within the Property
described herein, the City of Los Banos required the project to employ on-site control measures to minimize pollutants in urban runoff;
WHEREAS, the Owner has chosen to install the following treatment control measures: _________________ , hereinafter referred to as "facilities", as the on-site control measures to minimize pollutants in urban runoff; WHEREAS, said facilities have been installed in accordance with the requirements of the City of Los Banos Post-Construction Standards Plan and the Owner's plans and specifications accepted by the City of Los Banos;
WHEREAS, said facilities, with installation on private property and draining only private property, is a private facility with all operation, maintenance and replacement, therefore, the sole responsibility of the Owner in accordance with the terms of this Agreement; WHEREAS, the Owner is aware that periodic and continuous maintenance (as described on page 1 of this O&M Plan), including, but not necessarily limited to, sediment removal, is required to assure peak performance of the facilities and that, furthermore, such maintenance activity will require compliance with all Local, State, or Federal laws and regulations, including those pertaining to confined space and waste disposal methods, in effect at the time such maintenance occurs;
NOW THEREFORE, it is mutually stipulated and agreed as follows:

1. Owner hereby provides the City of Los Banos or City of Los Banos' designee complete access, of any duration, to the facilities and its immediate vicinity at any time, upon reasonable notice, or in the event of emergency, as determined by City of Los Banos with no advance notice, for the purpose of inspection, sampling, testing of the facilities, and in case of emergency, to undertake all necessary repairs or other preventative measures at owner's expense as provided in paragraph 3 below. The Owner/Operator shall retain all operation and maintenance records at the facility for City of Los Banos inspection, and a copy shall be provided to the City of Los Banos if requested. The City of Los Banos shall Provost & Pritchard Consulting Group • July 2022 Appendix-F3 180 180
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make every effort at all times to minimize or avoid interference with Owner's use of the Property.

2. Owner shall use its best efforts to diligently maintain the facilities in a manner assuring peak performance at all times. All reasonable precautions shall be exercised by Owner and Owner's representative or contractor in the removal and extraction of material(s) from the facilities and the ultimate disposal of the material(s) in a manner consistent with all relevant laws and regulations in effect at the time. When requested from time to time by the City of Los Banos, the Owner shall provide the City of Los Banos with documentation identifying the material(s) removed, the quantity, and disposal destination.

3. In the event Owner, or its successors or assigns, fails to accomplish the necessary maintenance contemplated by this Agreement, within five (5) days of being given written notice by the City of Los Banos, the City of Los Banos is hereby authorized to cause any maintenance necessary to be done and charge the entire cost and expense to the Owner or Owner's successors or assigns, including administrative costs, attorney fees and interest thereon at the maximum rate authorized by the Municipal Code from the date of the notice of expense until paid in full, and Owner hereby agrees to pay such charge within 30 days of receipt of City of Los Banos' written demand for payment

4. The City of Los Banos may require the owner to post security in form and for a time period satisfactory to the City of Los Banos of guarantee the performance of the obligations stated herein. Should the Owner fail to perform the obligations under the Agreement, the City of Los Banos may, in the case of a cash bond, act for the Owner using the proceeds from it, or in the case of a surety bond, require the sureties to perform the obligations of the Agreement.

As an additional remedy, the City of Los Banos may withdraw any previous storm water related approval with respects to the property on which the facilities have been installed until such time as Owner repays to City of Los Banos its reasonable costs incurred in accordance with paragraph 3 above.

5. The Owner will be sent an annual self-certification form each year by the City of Los Banos to certify that all of the inspections and maintenance have been performed per page 1 of this O&M Plan and that the facilities are in effective working condition. The Owner has 60 days to complete and return the annual self-certification form to the City of Los Banos. If the report is not received within the 60-day period, the City of Los Banos will perform the inspection and assessment; and the Owner will be billed for it as described above.

6. In event of legal action occasioned by any default or action of the Owner, or its successors or assigns, then the Owner and its successors or assigns agree(s) to pay all costs incurred by the City of Los Banos in enforcing the terms of this Agreement, including reasonable attorney fees and costs, and that the same shall become a part of the lien against said Property.

7. It is the intent of the parties hereto that burdens and benefits herein undertaken shall constitute covenants that run with said Property and constitute a lien there against.

Provost & Pritchard Consulting Group • July 2022 Appendix-F4 181 181
tosBanos

8. The obligations herein undertaken shall be binding upon the heirs, successors, executors, administrators and assigns of the parties hereto. The term "Owner" shall include not only the present Owner, but also its heirs, successors, executors, administrators, and assigns. Owner shall notify any successor to title of all or part of the Property about the existence of this Agreement. Owner shall provide such notice prior to such successor obtaining an interest in all or part of the Property. Owner shall provide a copy of such notice to the City of Los Banos at the same time such notice is provided to the successor.

9. Any notice or demand for payment to a party required or called for in this Agreement shall be served in person, or by deposit in the U.S. Mail, first class postage prepaid, to addresses listed on Page 1 of this agreement either for the Owner or the City of Los Banos. Notice(s) shall be deemed effective upon receipt, or seventy-two (72) hours after deposit in the U.S.

Mail, whichever is earlier. A party may change a notice address only by providing written notice thereof to the other party.

IN WITNESS THEREOF, the parties hereto have affixed their signatures as of the date first written above.

City of Los Banos
By:-----------
Name: ___________ _
Title: ___________ _
Name of Development:

By: __________ _
Property Owner
Name: ------------
Title: ____________ _
Provost & Pritchard Consulting Group • July 2022 Appendix-F5 182 182
Provost & Pritchard Consulting Group • July 2022
Appendix G
Design Standard References
Appendix-G1
183 183
General Low-Impact Development & Design References:
• CASQA, California LID Guidance
hn;ps: //www.casqa.org/resources/ california-lid-gi
• USEPA Green Infrastructure in the Semi-Arid West, Low-Impact Development and Green Infrastructure in the Semi-Arid West.
ht t ps: //www.epa.gov/ween-infrastructure /~,reen-infrastructure-semi-arid-west • Santa Clara Valley Urban Runoff Pollution Prevention Program: Chapter 6 Technical Guidance for Stormwater Treatment and Site Design Measures
https://scyurppp.org/pdfs/1516/c3 handbook 2016/Chapter 6.pdf • San Mateo Countywide Water Pollution Prevention Program, Preventing Storm.water Pollution with New and Redevelopment, C.3 Regulated Projects website
hups: // www. flowstoba)· .orv / preventing-stormwater-pollution /with-new-redevelopment/ c-3-reg;ulatedprojects /) • Stormwater BMP Handbook for Development. Section 5, June 2021 Edition h11ps: //www.caS(Ja.orll'/sites/ defauit/ files/ BMPHandbooks/ casqa development handbook final 06182021.pdf.

Porous Pavement:
• Caltrans Pervious Pavement Design Guidance, October 2013 h ups: / / www.uni-g:roupusa.ort!/PDF / Caltrans0 o20DG-Pervious-Pvm 102913.pdf • Caltrans Pervious Pavement Specifications and Design Tool:
h r 1:ps: //dot.ca.gov/programs/ design/hydraulics-stormwater/ bsj-sw-data-report-files-and-attachments • USEPA Guidance Website on Porous Asphalt Pavement:
hr tps: //www.epa.gov/ soakuptherain/soak-rain-permeable-pavement • University of New Hampshire Storm.water Center: Design Specifications for Porous Asphalt Pavement and Infiltration Beds:
www.unh.edu/ unhsc /sites/ unh.edu.unhsc/ files/pubs specs info/unhsc pa spec 10 09. pdf • National Ready Mixed Concrete Association, 2011.
h ttp://www.perviouspavement.org/design /index.html
• National Asphalt Pavement Association's Porous Asphalt Pavements for Storm Water Management Guide Book
https: // www.asphah;pavement.org/ expertise/ sustainability/ sustainability-resources/ porous • Santa Clara Valley Urban Runoff Pollution Prevention Program: Chapter 6 Technical Guidance for Storm.water Treatment and Site Design Measures
https://scyurppp.org/pdfs/1516/c3 handbook 2016/Chapter 6.pdf • San Mateo Countywide Water Pollution Prevention Program, Preventing Storm.water Pollution with New and Redevelopment, C.3 Regulated Projects website (C.3 Regulated Projects - Flows to Ba,·) h rq:is: //flowstobay.org/wp-content/uploads/ 2020 / 04/PerviousPavinJ.-"·iew. pdf Rain Gardens:
• Bay Area Stormwater Management Agencies Association and Alameda County: Rain Gardens - Storm Water Control for Small Projects
https: / /basmaa.org/wpcontent/ uploads/ 2021 / 02/ basmaa ram 11arden fact sheet 11 27 12 corrected reference online viewing.pd£ • Low Impact Development Center
www.lowimpactdevelopment.orj?/
• San Mateo Countywide Water Pollution Prevention Program, Preventing Stormwater Pollution with New and Redevelopment, C.3 Regulated Projects website (C.3 ReguJated Projects - Flows to Bay) https: //flowstoba,·.orJ..!/,w-content/ uploads/2020 /04/RainGardenview.pdf Flow-through Planters:
• San Mateo Countywide Water Pollution Prevention Program: C.3 Technical Guidance, 6.2 Flow-Through Planter
www.flowstoba) .oqdfiles / newdevelopment/C3techgutde / 12sec6.2Flowthru.pdf • Stormwater Planters, M. Cahill, D. C. Godwin, and M. Sowles, Oregon Sea Grant; hr tps: //senpant.oregonstate.edu/ s~pubs / stormwater-planters Provost & Pritchard Consulting Group • July 2022 Appendix-G2 184 184
• Santa Clara Valley Urban Runoff Pollution Prevention Program: Chapter 6 Technical Guidance for Stormwater Treatment and Site Design Measures
https://scyru;ppp.org/pdfs/1516/c3 handbook 2016/Chapter 6.pdf Infiltration Trenches and Tree Wells;
• Santa Clara Valley Urban Runoff Pollution Prevention Program: Chapter 6 Technical Guidance for Stormwater Treatment and Site Design Measures
https://scyru;ppp.org/pdfs/1516/c3 handbook 2016/Chapter 6.pdf • USEPA Stonnwater to Street Trees: Engineering Urban Forests for Stormwater Management; (EPA 841-B-13- 001, September 2013)
ht tps: //www.epa.v_ov /sites/default/files/2015-11 /documents/stonnwater2streettrees.pdf Bioswales, Vegetated Buffers & Swales:
• Caltrans Biofiltration Swale Design Guidance; California Department of Transportation; September 2012 htrps: //dot.ca.gov/ -/media/dot-media/prog;rams/desi~ /documents/ dg-biofiltration-swale-092712-a 11) .pdf • Construction Stonnwater Best Management Practices; State of Oregon, 1200-C NPDES General Permit; February 2021
htrps://www.or~on.gov/deq/wtj(Documents/wC4pBMPManual.pdf • Santa Clara Valley Urban Runoff Pollution Prevention Program: Chapter 6 Technical Guidance for Stonnwater Treatment and Site Design Measures
https://scyru;ppp.org/pdfs/1516/c3 handbook 2016/Chapter 6.pdf • USEPA Storm Water Technology Fact Sheet Vegetated Swales (EPA 832-F-99-006, September 1999) https://www.epa.gov/nscep, search "Vegetated Swale"
Rain Water Harvesting and Reuse:
• USEPA Managing Wet Weather with Green Infrastructure Municipal Handbook: Rainwater Harvesting Policies; Christopher Kloss, Low Impact Development Center, December 2008 (EPA-833-F-08-010) hrrp: //water.epa.gov /infrastructure/greeninfrastructure/upload /gi munic-handbook harvest;im:.pdf • The City of San Diego Rain Water Harvesting Guide
www.sandiq,:o.gov/water/pdf/ conservation/rainwatergµide.pdf • Santa Clara Valley Urban Runoff Pollution Prevention Program: Chapter 6 Technical Guidance for Stormwater Treatment and Site Design Measures
https://scyru;ppp.org/pdfs/1516/c3 handbook 2016/Chapter 6.pdf • San Mateo Countywide Water Pollution Prevention Program, Preventing Stormwater Pollution with New and Redevelopment, C.3 Regulated Projects website (C.3 Regulated Projects - Flows to Bay) h1tps://flowstobay.org/wp-content/uploads/2020/04/RainBarrelview.pdf Green Roofs:
• USEPA Design Guidelines and Maintenance Manual for Green Roofs in the Semi-Arid and Arid West; Leila Tolderlund, University of Colorado Denver, November 2010 ht1p://www2.epa.i:ov/sites/production/files/documents/GreenRoofsSemiAridArid\'\7est.pdf • USEPA Storm Water Technology Fact Sheet: Vegetated Swales (EPA 600-R09-026, February 2009) https://www.epa.gov/nscep. search "Green Roofs"
• USEPA Green Infrastructure in the Semi-Arid West, Low-Impact Development and Green Infrastructure in the Semi-Arid West.
hnps://www.cpa.eov/green-infrastructure/1treen-infrastructure-semi-arid-west • City of Watsonville, Green Roof Design Criteria Plan, March 2012 h11ps://www.ciryofwatsonville.org/774/Urban-Greerung-Plan • Green Roofs for Healthy Cities (private organization) webpage:

WWW.l{reenroofs.or~ /
Soil Oualior Improvement and Compost:
• United States Department of Agriculture's Natural Resources Conservation Service (NRCS) Urban Soil Primer www.nrcs.usda.gov/Intemet/FSE DOCUMENTS/nrcs142p2 052835.pdf • Department of Land, Air and Water Resources at UC Davis and the U.S. Forest Service's Center for Urban Forest Research Report on Engineered Soil, Trees and Stormwater Runoff: the UC Davis Parking Lot Project Provost & Pritchard Consulting Group • July 2022 Appendix-G3 185 185
www.fs.fed.us/psw/programs/uesd/uep / products/psw cufr686 UCDParkingLot.pdf • USEPA Stormwater to Street Trees: Engineering Urban Forests for Stormwater Management; (EPA 841-B-13- 001, September 2013)
hi rp: // water.epa.gov / polwaste /green I upload/ stormwater2streettrees.pdf Provost & Pritchard Consulting Group • July 2022 Appendix-G4 186 186
Provost & Pritchard Consulting Group • July 2022
Appendix H
Phase II MS4 Permit, Section E.12
Appendix-H1
187 187

STATE WATER RESOURCES CONTROL BOARD
WATER QUALITY ORDER NO. 2013-0001-DWQ

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) GENERAL PERMIT NO. CAS000004
WASTE DISCHARGE REQUIREMENTS (WDRs)
FOR

STORM WATER DISCHARGES FROM SMALL MUNICIPAL SEPARATE STORM SEWER SYSTEMS (MS4s) (GENERAL PERMIT)
188 188
i) Reducing mowing of grass to allow for greater pollutant removal, but not jeopardizing public safety.
3) Collect and properly dispose of unused pesticides, herbicides, and fertilize rs.
4) Minimize irrigation run-off by using an evapotranspiration-based irrigation schedule and rain sensors.
(c) Record the types and amounts of pesticides, herbicides and fertilizers used in the permit area.
(iii) Reporting - The Permittee shall use State Water Board SMARTS to submit a summary of the past year activities and certify compliance with all requirements of this program element. The summary shall also address the relationship between the program element activities and the Permittee's Program Effectiveness Assessment and Improvement Plan that tracks annual and long-term effectiveness of the storm water program. If a Permittee is unable to certify compliance with a requirement in this program element see Section E.16.a.for compliance directions.

E.12. POST CONSTRUCTION STORM WATER MANAGEMENT PROGRAM
E.12.a. Post-Construction Measures
Permittees shall regulate development to comply with the following Sections:
• E.12.b Site Design Measures
• E.12.c. Regulated Projects
• E.12.d. Source Control Measures
• E.12.e. Low Impact Development (LID) Design Standards • E .12 .f. Hydromodification Measures
• E.12.g. Enforceable Mechanisms
• E.12.h. Operation and Maintenance of Storm Water Control Measures • E.12.i. Post-Construction Best Management Practice Condition Assessment • E.12.j. Planning and Development Review Process
• E.12.k. Post-Construction Storm Water Management Requirements Based on Assessment and Maintenance of Watershed Processes
• E.12.1. Alternative Post-Construction Storm Water Management Program E.12.b. Site Design Measures
(i) Task Description - Within the second year of the effective date of the permit, the Permittee shall require implementation of site design measures for all projects that create and/or replace (including projects with no net increase in impervious footprint) between 2,500 square feet and 5,000 square feet of impervious surface, including detached single family homes that create and/or replace 2,500 square feet or more of impervious surface and are not part of a larger plan of development. Site design measures as specified in this section are not applicable to linear underground/overhead projects (LUPs).
(ii) Implementation Level - Projects shall implement one or more of the following site design measures to reduce project site runoff:

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{a) Stream Setbacks and Buffers - a vegetated area including trees, shrubs, and herbaceous vegetation, that exists or is established to protect a stream system, lake reservoir, or coastal estuarine area;
(b) Soil Quality Improvement and Maintenance - improvement and maintenance soil through soil amendments and creation of microbial community; {c) Tree Planting and Preservation - planting and preservation of healthy, established trees that include both evergreens and deciduous, as applicable; (d) Rooftop and Impervious Area Disconnection - rerouting of rooftop drainage pipes to drain rainwater to rain barrels, cisterns, or permeable areas instead of the storm sewer;
(e) Porous Pavement - pavement that allows runoff to pass through it, thereby reducing the runoff from a site and surrounding areas and filtering pollutants; {f) Green Roofs - a vegetative layer grown on a roof (rooftop garden); {g) Vegetated Swales - a vegetated, open-channel management practice designed specifically to treat and attenuate storm water runoff; {h) Rain Barrels and Cisterns - system that collects and stores storm water runoff from a roof or other impervious surface.

Project proponents shall use the State Water Board SMARTS Post-Construction Calculator21
, or equivalent to quantify the runoff reduction resulting from implementation of site design measures.
{iii) Reporting - The Permittee shall use State Water Board SMARTS to submit a summary of the past year activities and certify compliance with all requirements of this program element. The summary shall also address the relationship between the program element activities and the Permittee's Program Effectiveness Assessment and Improvement Plan that tracks annual and long-term effectiveness of the storm water program. If a Permittee is unable to certify compliance with a requirement in this program element see Section E.16.a.for compliance directions.

E.12.c. Regulated Projects
{i) Task Description - Within the second year of the effective date of the permit, the Permittee shall implement standards to effectively reduce runoff and pollutants associated with runoff from Regulated Projects as defined below. (ii) Implementation Level - The Permittee shall regulate all projects that create and/or replace 5,000 square feet or more of impervious surface (Regulated Projects). The Permittee shall require these Regulated Projects to implement measures for site design, source control, runoff reduction, storm water treatment and baseline hydromodification management as defined in this Order.

Regulated Projects do not include:
• Detached single family home projects that are not part of a larger plan of development;
• Interior remodels;
21 The State Water Board SMARTS Post-Construction Calculator can be found at:
https://smarts.waterboards.ca.gov/smarts/faces/SwSmartsloqin.jsp Phase II Small MS4 General Permit
2013-0001-DWQ 49 February 5, 2013
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• Routine maintenance or repair such as: exterior wall surface replacement, pavement resurfacing within the existing footprint.
• LUPs - Unless the LUP has a discrete location that has 5,000 square feet or more of newly constructed contiguous impervious surface. When the LUP has a discrete location that has 5,000 sq-ft or more of new contiguous impervious surface, only that specific discrete location is subject to Section E.12.c.

Regulated Projects include development projects. Development includes new and redevelopment projects on public or private land that fall under the planning and permitting authority of a Permittee. Redevelopment is any land-disturbing activity that results in the creation, addition, or replacement of exterior impervious surface area on a site on which some past development has occurred.

Redevelopment does not include trenching, excavation and resurfacing associated with LUPs; pavement grinding and resurfacing of existing roadways; construction of new sidewalks, pedestrian ramps, or bike lanes on existing roadways; or routine replacement of damaged pavement such as pothole repair or replacement of short, non-contiguous sections of roadway. The following (a-c) describe specific Regulated Project requirements for redevelopment, road projects and LUPs:
{a) Where a redevelopment project results in an increase of more than 50 percent of the impervious surface of a previously existing development, runoff from the entire project, consisting of all existing, new, and/or replaced impervious surfaces, must be included to the extent feasible. {b) Where a redevelopment project results in an increase of less than 50 percent of the impervious surface of a previously existing development, only runoff from the new and/or replaced impervious surface of the project must be included.
{c) Road Projects and LUPs - Any of the following types of road projects and LUPs that create 5,000 square feet or more of newly constructed contiguous impervious surface and that are public road projects and/or fall under the building and planning authority of a Permittee shall comply with Section E.12.e. Low Impact Development Standards except that treatment of runoff of the 85th percentile that cannot be infiltrated onsite shall follow U.S. EPA guidance regarding green infrastructure to the extent feasible. Types of projects include:
1) Construction of new streets or roads, including sidewalks and bicycle lanes built as part of the new streets or roads.
2) Widening of existing streets or roads with additional traffic lanes. a) Where the addition of traffic lanes results in an alteration of more than 50 percent of the impervious surface of an existing street or road, runoff from the entire project, consisting of all existing, new, and/or replaced impervious surfaces, must be included in the treatment system design.
b) Where the addition of traffic lanes results in an alteration of less than 50 percent (but 5,000 square feet or more) of the impervious surface Phase II Small MS4 General Permit
2013-0001-DWQ 50 February 5, 2013
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of an existing street or road, only the runoff from new and/or replaced impervious surface of the project must be included in the treatment system design.
3) Construction of linear underground/overhead projects (LUPs) 4) Specific exclusions are:
a) Sidewalks built as part of new streets or roads and built to direct storm water runoff to adjacent vegetated areas.
b) Bicycle lanes that are built as part of new streets or roads that direct storm water runoff to adjacent vegetated areas.
c) Impervious trails built to direct storm water runoff to adjacent vegetated areas, or other non-erodible permeable areas, preferably away from creeks or towards the outboard side of levees. d) Sidewalks, bicycle lanes, or trails constructed with permeable surfaces.
e) Trenching, excavation and resurfacing associated with LUPs; pavement grinding and resurfacing of existing roadways and parking lots; construction of new sidewalks, pedestrian ramps, or bike lanes on existing roadways; or routine replacement of damaged pavement such as pothole repair or replacement of short, non-contiguous sections of roadway.

Effective Date for Applicability of Low Impact Development Runoff Standards to Regulated Projects: By the second year of the effective date of the permit, the Permittee shall require these Post-Construction Standards be applied on applicable new and redevelopment Regulated Projects, both private development requiring municipal permits and public projects, to the extent allowable by applicable law. These include discretionary permit projects that have not been deemed complete for processing and discretionary permit projects without vesting tentative maps that have not requested and received an extension of previously granted approvals. Discretionary projects that have been deemed complete prior to the second year of the effective date of this Order are not subject to the PostConstruction Standards herein. For the Permittee's Regulated Projects, the effective date shall be the date their governing body or designee approves initiation of the project design.

Permittee's Development Projects - The Permittee shall develop and implement an equivalent approach, to the approach used for private development projects, to apply the most current version of the low impact development runoff standards to applicable public development projects, to the extent allowable by applicable law.

E.12.d. Source Control Measures
(i) Task Description - Regulated Projects with pollutant-generating activities and sources shall be required to implement standard permanent and/or operation source control measures as applicable.
(ii) Implementation Level - Measures for the following pollutant generating activities and sources shall be designed consistent with recommendations from the CASQA Phase II Small MS4 General Permit
2013-0001-DWQ 51 February 5, 2013
192 192
Storrnwater BMP Handbook for New Development and Redevelopment or equivalent manual, and include:
(a) Accidental spills or leaks
(b) Interior floor drains
(c) Parking/storage areas and maintenance
(d) Indoor and structural pest control
( e) Landscape/outdoor pesticide use
(f) Pools, spas, ponds, decorative fountains, and other water features (g) Restaurants, grocery stores, and other food service operations (h) Refuse areas
(i) Industrial processes
(j) Outdoor storage of equipment or materials
(k) Vehicle and equipment cleaning
(I) Vehicle and equipment repair and maintenance
(m) Fuel dispensing areas
(n) Loading docks
(o) Fire sprinkler test water
(p) Drain or wash water from boiler drain lines, condensate drain lines, rooftop equipment, drainage sumps, and other sources
( q) Unauthorized non-storm water discharges
(r) Building and grounds maintenance
E.12.e. Low Impact Development (LID} Design Standards
(i) Task Description - The Permittee shall require all Regulated Projects to implement low impact development (LID) standards designed to reduce runoff, treat storm water, and provide baseline hydromodification management to the extent feasible, to meet the Numeric Sizing Criteria for Storm Water Retention and Treatment under Section E.12.e(ii)(c).
(ii) Implementation Level - The Permittee shall adopt and implement requirements and standards to ensure design and construction of development projects achieve the following LID Design Standards.
(a) Site Assessment
At the earliest planning stages, the Permittee shall require Regulated Projects to assess and evaluate how site conditions, such as soils, vegetation, and flow paths, will influence the placement of buildings and paved surfaces. The evaluation will be used to meet the goals of capturing and treating runoff and assuring these goals are incorporated into the project design. The Permittee may adopt or reference an existing LID site assessment methodology22
Permittees shall require Regulated Projects to
consider optimizing the site layout through the following methods:
1) Define the development envelope and protected areas, identifying areas that are most suitable for development and areas to be left undisturbed. 22 Low Impact Development Manual for Southern California (Low Impact Development Center - See CASQA's LID website at: http://www.casqa.org/LID/tabid/240/Default.aspx.

Phase II Small MS4 General Permit
2013-0001-DWQ 52 February 5, 2013
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2) Concentrate development on portions of the site with less permeable soils and preserve areas that can promote infiltration.
3) Limit overall impervious coverage of the site with paving and roofs. 4) Set back development from creeks, wetlands, and riparian habitats. 5) Preserve significant trees.
6) Conform the site layout along natural landforms.
7) Avoid excessive grading and disturbance of vegetation and soils. 8) Replicate the site's natural drainage patterns.
9) Detain and retain runoff throughout the site.
(b) Drainage Management Areas
The Permittee shall require each Regulated Project to provide a map or diagram dividing the developed portions of the project site into discrete Drainage Management Areas (DMAs), and to manage runoff from each DMA using Site Design Measures, Source Controls and/or Storm Water Treatment and Baseline Hydromodification Measures.
(c) Numeric Sizing Criteria for Storm Water Retention and Treatment The Permittees shall require facilities designed to evapotranspire, infiltrate, harvest/use, and biotreat storm water to meet at least one of the following hydraulic sizing design criteria:
1) Volumetric Criteria:
a) The maximized capture storm water volume for the tributary area, on the basis of historical rainfall records, determined using the formula and volume capture coefficients in Urban Runoff Quality Management, WEF Manual of Practice No. 23/ASCE Manual of Practice No. 87 (1998) pages 175-178 (that is, approximately the 85th percentile 24-hour storm runoff event); or
b) The volume of annual runoff required to achieve 80 percent or more capture, determined in accordance with the methodology in Section 5 of the CASQA's Stormwater Best Management Practice Handbook, New Development and Redevelopment (2003), using local rainfall data.
2) Flow-based Criteria:
a) The flow of runoff produced from a rain event equal to at least

0.2 inches per hour intensity; or
b) The flow of runoff produced from a rain event equal to at least 2 times the 85th percentile hourly rainfall intensity as determined from local rainfall records.

Phase II Small MS4 General Permit
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(d) Site Design Measures
The Permittee shall implement Site Design Measures (as defined in Section E.12.b. Site Design Measures and Section E.12.e(ii)(a) Site Assessment), site layout and design measures, based on the objective of achieving infiltration, evapotranspiration and/or harvesting/reuse of the 85th percentile 24-hour storm runoff event. Site design measures shall be used to reduce the amount of runoff, to the extent technically feasible, for which retention and runoff is required . Any remaining runoff from impervious DMAs may then be directed to one or more bioretention facilities as specified in Section E.12.e.(ii)(f), below.
(e) Source Controls
The Permittee shall implement Source Controls as defined in Section E.12.d.

Source Control Measures.
(f) Storm Water Treatment Measures and Baseline Hydromodification Management Measures
After implementation of Site Design Measures, remaining runoff from impervious DMAs must be directed to one or more facilities designed to infiltrate, evapotranspire, and/or bioretain the amount of runoff specified in Section E.12.e(ii)(c) Numeric Sizing Criteria for Storm Water Retention and Treatment. The facilities must be demonstrated to be at least as effective as a bioretention system with the following design parameters:
1) Maximum surface loading rate of 5 inches per hour, based on the flow rates calculated. A sizing factor of 4% of tributary impervious area may be used.
2) Minimum surface reservoir volume equal to surface area times a depth of 6 inches.
3) Minimum planting medium depth of 18 inches. The planting medium must sustain a minimum infiltration rate of 5 inches per hour throughout the life of the project and must maximize runoff retention and pollutant removal. A mixture of sand (60%-70%) meeting the specifications of American Society for Testing and Materials (ASTM) C33 and compost (30%-40%) may be used.
4) Subsurface drainage/storage (gravel) layer with an area equal to the surface area and having a minimum depth of 12 inches.
5) Underdrain with discharge elevation at top of gravel layer. 6) No compaction of soils beneath the facility, or ripping/loosening of soils if compacted.
7) No liners or other barriers interfering with infiltration. 8) Appropriate plant palette for the specified soil mix and maximum available water use.
(g) Alternative Designs - Facilities, or a combination of facilities, of a different design than in Section E.12.e.(ii)(f) may be permitted if all of the following Phase II Small MS4 General Permit
2013-0001-DWQ 54 February 5, 2013
195 195
measures of equivalent effectiveness are demonstrated:
1) Equal or greater amount of runoff infiltrated or evapotranspired; 2) Equal or lower pollutant concentrations in runoff that is discharged after biotreatment;
3) Equal or greater protection against shock loadings and spills; 4) Equal or greater accessibility and ease of inspection and maintenance. {h) Allowed Variations for Special Site Conditions - The bioretention system design parameters in Section E.12.e.(ii)(f) may be adjusted for the following special site conditions:
1) Facilities located within 10 feet of structures or other potential geotechnical hazards established by the geotechnical expert for the project may incorporate an impervious cutoff wall between the bioretention facility and the structure or other geotechnical hazard. 2) Facilities with documented high concentrations of pollutants in underlying soil or groundwater, facilities located where infiltration could contribute to a geotechnical hazard, and facilities located on elevated plazas or other structures may incorporate an impervious liner and may locate the underdrain discharge at the bottom of the subsurface drainage/storage layer (this configuration is commonly known as a "flow-through planter"). 3) Facilities located in areas of high groundwater, highly infiltrative soils or where connection of underdrain to a surface drain or to a subsurface storm drain are infeasible, may omit the underdrain.
4) Facilities serving high-risk areas such as fueling stations, truck stops, auto repairs, and heavy industrial sites may be required to provide additional treatment to address pollutants of concern unless these highrisk areas are isolated from storm water runoff or bioretention areas with little chance of spill migration.
(i) Exceptions to Requirements for Bioretention Facilities - Contingent on a demonstration that use of bioretention or a facility of equivalent effectiveness is infeasible, other types of biotreatment or media filters (such as tree-boxtype biofilters or in-vault media filters) may be used for the following categories of Regulated Projects:
1) Projects creating or replacing an acre or less of impervious area, and located in a designated pedestrian-oriented commercial district (i.e., smart growth projects), and having at least 85% of the entire project site covered by permanent structures;
2) Facilities receiving runoff solely from existing (pre-project) impervious areas;and
3) Historic sites, structures or landscapes that cannot alter their original configuration in order to maintain their historic integrity.

By the second year of the effective date of the permit, each Permittee shall adopt or reference appropriate performance criteria for such biotreatment and media filters.

Phase II Small MS4 General Permit
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(iii) Reporting - The Permittee shall use State Water Board SMARTS to submit a summary of the past year activities and certify compliance with all requirements of this program element. The summary shall also address the relationship between the program element activities and the Permittee's Program Effectiveness Assessment and Improvement Plan that tracks annual and long-term effectiveness of the storm water program. If a Permittee is unable to certify compliance with a requirement in this program element see Section E.16.a.for compliance directions.

E.12.f. Hydromodification Management
(i) Task Description - Within the third year of the effective date of the permit, the Permittee shall develop and implement Hydromodification Management procedures. Hydromodification management projects are Regulated Projects that create and/or replace one acre or more of impervious surface. A project that does not increase impervious surface area over the pre-project condition is not a hydromodification management project.
(ii) Implementation Level - The Permittee shall implement the following Hydromodification Standard:
(a) Post-project runoff shall not exceed estimated pre-project flow rate for the 2- year, 24-hour storm in the following geomorphic provinces (Figure 1 ):
• Coast Ranges
• Klamath Mountains
• Cascade Range
• Modoc Plateau
• Basin and Range
• Sierra Nevada
• Great Valley
(b) Post-project runoff shall not exceed estimated pre-project flow rate for the 10- year, 24-hour storm in the following geomorphic provinces (Figure 1 ):
• Transverse Ranges
• Peninsular Ranges
• Mojave Desert
• Colorado Desert
Phase II Small MS4 General Permit
2013-0001-DWQ 56 February 5, 2013
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Cascade Range
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Miles
Figure 1. California Geomorphic Provinces
easin ~nd Range
Cotoraoo Oese11
Alternatively, the Permittee may use a geomorphically based hydromodification standard or set of standards and analysis procedures designed to ensure that Regulated Projects do not cause a decrease in lateral (bank) and vertical (channel bed) stability in receiving stream channels. The alternative hydromodification standard or set of standards and analysis procedures must be reviewed and approved by the Regional Board Executive Officer.
(iii) Reporting -The Permittee shall use State Water Board SMARTS to submit a summary of the past year activities and certify compliance with all requirements of this program element. The summary shall also address the relationship between the program element activities and the Permittee's Program Effectiveness Assessment and Improvement Plan that tracks annual and longterm effectiveness of the storm water program. If a Permittee is unable to certify compliance with a requirement in this program element see Section E.16.a.for compliance directions.

Phase II Small MS4 General Permit
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E.12.g. Enforceable Mechanisms
(i) Task Description - Within the third year of the effective date of the permit, the Permittee shall develop and/or modify enforceable mechanisms that will effectively implement the requirements in Section E.12.b through f (if necessary). (ii) Implementation Level - The Permittee shall develop and/or modify enforceable mechanisms that will effectively implement the requirements in Section E.12.b through E.12.f and may include municipal codes, regulations, standards, and specifications. The Permittee shall:
(a) Conduct an analysis of all applicable codes, regulations, standards, and/or specifications to identify modifications and/or additions necessary to fill gaps and remove impediments to effective implementation of project-scale development requirements.
(b) Approve new and/or modified enforceable mechanisms that effectively resolve regulatory conflicts and implement the requirements in Sections E.12.b through E.12.f (if necessary)
(c) Apply new and/or modified enforceable mechanisms to all applicable new and redevelopment projects. Develop and make available specific guidance for LID BMP design
( d) Complete a Tracking Report indicating the Permittee's accomplishments in education and outreach supporting implementation of LID requirements for new and redevelopment projects.

E.12.h. Operation and Maintenance of Post-Construction Storm Water Management Measures
(i) Task Description -Within the second year of the effective date of the permit, the Permittee shall implement an O&M Verification Program for storm water treatment and baseline hydromodification management structural control measures defined in Section E.12.e(ii)(f). Storm Water Treatment Measures and Baseline Hydromodification Management Measures on all Regulated Projects. (ii) Implementation Level - At a minimum, the O&M Verification Program shall include the following elements:
(a) All Regulated Projects shall at a minimum, require at least one of the following from all project proponents and their successors in control of the Project or successors in fee title:
1) The project proponent's signed statement accepting responsibility for the O&M of structural control measure(s) until such responsibility is legally transferred to another entity;
2) Written conditions in the sales or lease agreements or deed for the project that requires the buyer or lessee to assume responsibility for the O&M of the installed treatment system(s) and hydromodification control(s) (if any) until such responsibility is legally transferred to another entity; Phase II Small MS4 General Permit
2013-0001-DWQ 58 February 5, 2013
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3) Written text in project deeds, or conditions, covenants and restrictions for multi-unit residential projects that require the homeowners association or, if there is no association, each individual owner to assume responsibility for the O&M of the installed treatment system(s) and hydromodification control(s) (if any) until such responsibility is legally transferred to another entity; or
4) Any other legally enforceable agreement or mechanism, such as recordation in the property deed, that assigns the O&M responsibility for the installed treatment system(s) and hydromodification control(s) (if any) to the project owner(s) or the Permittee.
(b) Coordination with the appropriate mosquito23 and vector control agency with jurisdiction to establish a protocol for notification of installed treatment systems and hydromodification management controls. On an annual basis, before the wet season, prepare a list of newly installed (installed within the reporting period) storm water treatment systems and hydromodification management controls to the local mosquito and vector control agency and the appropriate Regional Water Board. The Permittee may submit the list of Regulated Projects as described in Section E.12.h.(ii)(e). This list shall include the facility locations and a description of the storm water treatment measures and hydromodification management controls installed. (c) Conditions of approval or other legally enforceable agreements or mechanisms for all Regulated Projects that require the granting of site access to all representatives of the Permittee for the sole purpose of performing O&M inspections of the installed treatment system(s) and hydromodification control(s) (if any).
(d) A written implementation plan that describes O&M (including inspection) of all Regional Projects and regional controls that are Permittee-owned and/or operated.
(e) A database or equivalent tabular format of all Regulated Projects (public and private) that have installed treatment systems. This database or equivalent tabular format shall include the following information for each Regulated Project:
1) Name and address of the Regulated Project;
2) Specific description of the location ( or a map showing the location) of the installed treatment system(s) and hydromodification control(s) (if any); 3) Date(s) that the treatment system(s) and hydromodification controls (if any) is/are installed;
4) Description of the type and size of the treatment system(s) and hydromodification control(s) (if any) installed;
5) Responsible operator(s) of each treatment system and hydromodification control (if any);
6) Dates and findings of inspections (routine and follow-up) of the treatment system(s) and hydromodification control(s) (if any) by the Permittee; and 7) Any problems and corrective or enforcement actions taken. 23 California Department of Public Health. (2012). Best Management Practices for Mosquito Control in California. Retrieved on July 20, 2012 from http://www.westnile.ca.gov/resources.php Phase II Small MS4 General Permit
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8) Maintenance Approvals: The Permittee shall ensure that systems and hydromodification controls installed at Regulated Projects are properly operated and maintained for the life of the projects. In cases where the responsible party for a treatment system or hydromodification control has worked diligently and in good faith with the appropriate state and federal agencies and the Permittee to obtain approvals necessary to complete maintenance activities for the treatment system or hydromodification management control, but these approvals are not granted, the Permittee shall be deemed to be in compliance with this Provision. (iii) Reporting - The Permittee shall use State Water Board SMARTS to submit a summary of the past year activities and certify compliance with all requirements of this program element. The summary shall also address the relationship between the program element activities and the Permittee's Program Effectiveness Assessment and Improvement Plan that tracks annual and longterm effectiveness of the storm water program. If a Permittee is unable to certify compliance with a requirement in this program element see Section E.16.a.for compliance directions.

E.12.i. Post-Construction Best Management Practice Condition Assessment (i) Task Description - Within the third year of the effective date of the permit, the Permittee shall inventory and assess the maintenance condition of structural post-construction BMPs (including BMPs used for flood control) within the Permittee's jurisdiction.
(ii) Implementation Level - The Permittee shall develop and implement a plan to inventory, map, and determine the relative maintenance condition of structural post-construction BMPs. Maintenance condition shall be determined through a self-certification program where Permittees require annual reports from authorized parties demonstrating proper maintenance and operations. The plan shall include:
(a) An inventory and map of existing structural post-construction BMPs, in GIS if available.
(b) Assessments of the self-certification program annual reports. Assessment shall include a ranking of structural BMPs and verification that BMPs are operating to remove pollutants as designed. Regional BMPs should receive higher priority than lot-scale BMPs, and BMPs designed to remove pollutants for which receiving water is impaired should receive priority attention over other BMPs.
(c) Appropriate escalating enforcement based on the Permittee Enforcement Response Plan to ensure proper maintenance of BMPs and submittal of selfcertification annual reports. (d) Self-Certification Annual Reports. At a minimum, the self-certification annual reports shall include:
1) Field observations to determine the effectiveness of the structural post construction BMPs in removing pollutants of concern from storm water runoff and/or reducing hydromodification impacts as designed.

Phase II Small MS4 General Permit
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2) Long-term plan for conducting regular maintenance of BMPs, including the frequency of such maintenance.
(iii) Reporting - The Permittee shall use State Water Board SMARTS to submit a summary of the past year activities and certify compliance with all requirements of this program element. The summary shall also address the relationship between the program element activities and the Permittee's Program Effectiveness Assessment and Improvement Plan that tracks annual and longterm effectiveness of the storm water program. If a Permittee is unable to certify compliance with a requirement in this program element see Section E.16.a.for compliance directions.

E.12.j. Planning and Development Review Process
(i) Task Description - The Permittee shall review their planning and permitting process to assess any gaps or impediments impacting effective implementation of these post-construction requirements specified in Section E.12, and where these are found to exist, seek solutions to promote implementation of these requirements within the context of public safety and community goals for land use. The Permittee shall prioritize review of the landscape code (code detailing landscaping requirements and considerations which should be implemented to protect environmental quality) to correct gaps and impediments impacting effective implementation of post-construction requirements. (ii) Implementation Level - During years 1 - 3, the Permittee shall conduct the review using an existing guide or template already developed for MS4s (such as the Municipal Regulatory Update Assistance Program (MRUAP)24 conducted by AHBL, Inc. for the Low Impact Development Initiative (LIDI) on the Central Coast). By the fourth year of the effective date of the permit, any changes to the planning and permitting process will be completed to effectively administer these provisions. Priority shall be placed on review of the landscape code, with the following implementation level.
(a) Within the first year of the effective date of this permit, the Permittee shall conduct an analysis of the landscape code to correct gaps and impediments impacting effective implementation of post-construction requirements. (b) Within the second year of the effective date of the permit, the Permittee shall complete any changes to the landscape code to effectively administer postconstruction requirements. (iii) Reporting - By the second year Annual Report and annually thereafter, complete and have available a summary of the review process, and any proposed or completed changes to the Permittee's program. 24 http://www.casqa.org/LIDDemo/LIDTraining/tabid/246/Default.aspx Phase II Small MS4 General Permit
2013-0001-DWQ 61 February 5, 2013
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E.12.k. Post-Construction Storm Water Management Requirements Based on Assessment and Maintenance of Watershed Processes
Small MS4s subject to Section E of this Order, in place of complying with the requirements set forth in Section E.12, except for Sections E .12.j. Planning and Development Review Process and E.12.e(ii)(e) Source Control Requirements, shall comply with post-construction storm water management requirements based on a watershed-process approach developed by Regional Water Board that include the following:
• Completion of a comprehensive assessment of dominant watershed processes affected by urban storm water
• LID site design and runoff reduction measures, numeric runoff treatment and retention controls, and hydromodification controls that will maintain watershed processes and protect water quality and beneficial uses. • A process by which Regional Board staff will actively engage Permittees to adaptively manage requirements as determined by the assessment of watershed processes.
• An annual reporting program that involves Regional Board staff and State Board staff to inform statewide watershed process based criteria.

The regional watershed-process based approach must be approved by the Regional Water Board following a public process.

E.12.1. Alternative Post-Construction Storm Water Management Program A Permittee may propose alternative post-construction measures in lieu of some or all of Section E.12. requirements for multiple benefit projects. Multiple-benefit projects include projects that may address any of the following, in addition to water quality: water supply, flood control, habitat enhancement, open space preservation, recreation, climate change. Multiple-benefit projects may be applied at various scales including project site, municipal or sub-watershed level. Multiple-benefit projects may include, but are not limited to, projects developed under Watershed Improvement Plans (Water Code §16100 et seq.), IRWMP implementation and green infrastructure projects. Multiple benefit projects must be equally or more protective of water quality than Section E .12. requirements.

The Regional Water Board or the Executive Officer, may approve alternative postconstruction measures for multiple-benefit projects, as described above, after an opportunity for public comment, if the Regional Water Board or Executive Officer finds that the alternative measures are consistent with the MEP standard.

E.13. WATER QUALITY MONITORING
Traditional Small MS4 Permittees that are required to conduct monitoring of discharges to ASBS, TMDL, or 303(d) impaired water bodies, as described in Sections E.13.(a)-(c), are not required to perform additional monitoring as specified in Sections E.13.d.1. and E.13.d.2.

Permittees are encouraged to participate in a regional monitoring program in order to costeffectively combine resources and water quality information. Regional monitoring is the Phase II Small MS4 General Permit
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DATE:

TO:

FROM:

RE:

LOsBanos
i t i ,. ~tossro,uls oi Laltfo, nia
Agenda Staff Report
December 7, 2022
Mayor and City Council Members
Brent Kuhn, Interim Finance Director
William A. Vaughn, City Attorney
Elected City Treasurer Vacancy
RECOMMENDATION:

Provide direction to staff on how to proceed with filling the vacancy of Elected City Treasurer.

BACKGROUND:

The California Government Code requires each general law city to have a City Treasurer, who is either elected or appointed. Historically, California cities have moved from elected City Treasurers to appointed staff. More than two-thirds of California cities have made this move; the City of Los Banos has not. The only requirements to run for the elected City Treasurer is that the candidate be 18 years of age, a registered voter, and a resident within the city limits.

The City Treasurer is a ministerial office whose duties are regulated by statute, resolution and ordinance. This position is a part-time elected official with most duties performed by full-time city staff members. In recent years, these duties have become more time consuming and difficult as the governmental accounting standards have become more complex and large projects that involve state and local grant monies require specialized record-keeping responsibilities. The position of City Treasurer is not a "political" one and it has no policy making power. Rather it is the responsibility of the City Treasurer, in conjunction with the Director of Finance, to insure that the fiduciary responsibilities of the City are met.

The Government Code allows for a stipend to be paid for the elected position and the City Treasurer is paid $100 per month to fulfill his or her elected duties. 205 205
DUTIES OF THE CITY TREASURER:

Current law imposes specific duties on the City Treasurer which requires a specialized knowledge of municipal investments and banking. The duties of City Treasurer stated in Section 41001-41005 of the California Government Code are:
"Section 41001. The city treasurer shall receive and safely keep all money coming into his hands as treasurer.

Section 41002. He shall comply with all laws governing the deposit and securing of public funds and the handling of trust funds in his possession.

Section 41003. He shall pay out money only on warrants signed by legally designated persons.

Section 41004. Regularly, at least once each month, the city treasurer shall submit to the city clerk a written report and accounting of all receipts, disbursements, and fund balances. He shall file a copy with the legislative body.

Section 41005. The city treasurer shall perform such duties relative to the collection of city taxes and license fees as are prescribed by ordinance." The City's Finance Department staff handles all of the above tasks under the oversight of the City Treasurer.

DISCUSSION:

The Elected City Treasurer Kim Tomas did not run for re-election in the November 2022 General Election. Ms. Tom.as' term ends upon certification of the results of the election, creating a vacancy as of December 7, 2022.

The City Council has the option of filling the vacancy by appointment or calling a special election. Within thirty (30) days of the commencement of the vacancy in the office of elected City Treasurer, the City Council must either fill the vacancy by appointment or call a special election to fill the vacancy.

If the City Council chooses to call a special election, it must be held at the City's next scheduled election that is at least 114 days after the call of the election. The person elected to fill the vacancy would hold office for the unexpired term of the former City Treasurer, which expires in November 2026.

The procedure for filling vacancies in an elective office is found in California Government Code Section 36512, which provides, in pertinent part, as follows:

If a vacancy occurs in an elective office provided for in this chapter, the council shall, within 60 days from the commencement of the vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy.
206 206
(1) If the council calls a special election, the special election shall be held on the next regularly established election date not less than 114 days from the call of the special election.

A person elected to fill a vacancy holds office for the unexpired term of the former incumbent.
(2) If the council fills the vacancy by appointment, the person appointed to fill the vacancy shall hold office pursuant to one of the following:
(A) If the vacancy occurs in the first half of a term of office and at least 130 days prior to the next general municipal election, the person appointed to fill the vacancy shall hold office until the next general municipal election that is scheduled 130 or more days after the date the council is notified of the vacancy, and thereafter until the person who is elected at that election to fill the vacancy has been qualified. The person elected to fill the vacancy shall hold office for the unexpired balance of the term of office. (B) If the vacancy occurs in the first half of a term of office, but less than 13 0 days prior to the next general municipal election, or if the vacancy occurs in the second half of a term of office, the person appointed to fill the vacancy shall hold office for the unexpired term of the former incumbent.

APPOINTMENT PROCESS:

If the Council determines that the vacancy should be filled by appointment, staff would open the filing period for applicants to apply for the vacant seat to begin on Friday, December 10 and end on Friday, December 30, 2022. Staff would advertise the opportunity on the City's website and in the Westside Express and Los Banos Enterprise via press release. Staff proposes that the City Council interview applicants on January 4, 2023 at the regularly scheduled meeting, and that the selection be made at that time or at the January 18, 2023 regular meeting.

The person appointed to fill the vacancy would hold office until the next general municipal election in November 2024. The person elected at the general election would hold office for the remainder of the unexpired term ending November 2026.

Neither State law nor the Los Banos Municipal Code sets forth a specific process for how the City Council would select someone to fill the vacancy by appointment. However, the City Council should be mindful of the provisions of the Ralph M. Brown Act that would be applicable to the process.

CALL FOR A SPECIAL ELECTION:

If the Council calls a special election, state law requires the special election be held on the next regularly established election date not less than 114 days from the call of the special election. As of the date of this staff report the Merced County Elections Department was unable to confirm the date of the next special election. The person elected to fill the vacancy would hold office for the unexpired four year term ending November 2026.
207 207
FISCAL IMPACT:

Special Election: The Merced County Elections Department estimates the cost of a special election to be approximately $65,000. The Elections Department clearly stated that this amount is only an estimate and actual costs may be slightly higher or lower.

Appointment: Two (2) advertisements with the local newspaper at an approximate total cost not to exceed $1000 to be funded by the Administration Department. 208 208
LOsBanos
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Agenda Staff Report
TO:

FROM:

Mayor & City Council Members
Lucy Mallonee, MMC ~
City Clerk/Human Resources Director
DATE: December 7, 2022
TYPE OF REPORT: Agenda Item
SUBJECT: Appointment of Council Members to Serve on the City Commission Selection Committee
Recommendation:

Appoint a City Council Member to serve with the Mayor on a Selection Committee to assist in filling vacancies on the following City commissions:
1 . Airport Advisory Commission

2. Measure H Citizens' Oversight Committee

3. Parks and Recreation Commission

4. Tree Committee
Discussion:

In order to fill City commission vacancies, pursuant to the Los Banos Municipal Code, an ad hoc committee is formed by selecting City Council Members, on a rotating basis, to review applications, interview applicants, and evaluate the candidates for recommendation by the Mayor to the City Council.

For vacancies on the Planning Commission, Council Members are automatically assigned to sit on the committee for applicants from their District, and the Mayor and Mayor Pro Tern automatically sit on the committee for the at-large appointment. 209 209
Fiscal Impact:

None
Notice of Vacancies
210 210
LOs Banos , \t llie ( 11M10a 11/

NOTICE OF VACANCIES ON CITY COMMISSIONS
Notice is hereby given that the City of Los Banos is now accepting applications from citizens 18 or older residing within the City limits of Los Banos interested in serving on the following City Commissions/Committees:

Airport Advisory Commission - Four (4) Vacancies
Three (3) Two (2) Year Terms - Expiring December 31, 2024 One (1) Unexpired Term - Expiring December 31, 2023
Measure H Citizens' Oversight Committee - Three (3) Vacancies Three (3) Two (2) Year Terms - Expiring December 31, 2024 Measure P Committee - Three Vacancies (3) Vacancies
Three (3) Three (3) Year Terms - Expiring December 31, 2025 Parks & Recreation Commission - Three (3) Vacancies
Three (3) Two (2) Year Terms - Expiring December 31, 2024 Planning Commission - Three (3) Vacancies
One (1) Vacancy in District 2 - Expiring December 31, 2026 One (1) Vacancy in District 3 - Expiring December 31, 2026 One (1) At-Large Vacancy- Expiring December 31, 2024
* A District Electoral Map can be viewed on the City's website at:
https://losbanos.org/wp-content/uploads/2022/03/Draft-B.pdf Tree Commission - Two (2) Vacancies
Two (2) Two (2) Year Terms - Expiring December 31, 2024 The various commissions meet once a month, twice a month, or quarterly and serve as advisory bodies to the City Council and Administrative Officials on such actions as they deem necessary, proper or advisable for the proper administration of City functions.

Commissioners receive no compensation for their time, although they may be requested to attend training workshops or seminars at City expense. If you are interested in volunteering to serve on any of the City Commissions and are a resident of the City of Los Banos, please contact the City Clerk's Office at City Hall, 520 J Street, 827-2448 to request an application or access an application on the City's website:
www.losbanos.org. The deadline to submit an application to the City Clerk is Thursday, December 22, 2022 before 5:00 p.m., and the appointments are tentatively scheduled for the City Council meeting of Wednesday, January 4, 2023. 211 211

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r Os Banos

COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT
Date: December 2, 2022
Regarding: Notice of Public Hearing
Prbposal: Mobile Food Vendor Permit #2022-29-Ana Karen Ordonez {dba Mariscos El Aguachilense)
NOTICE IS HEREBY GIVEN THAT a Public Hearing will be held by the Los Banos Planning Commission to consider a Categorical Exemption from the California Environmental Quality Act (CEQA) and a Mobile Food Vendor Permit #2022-20 to allow the operation of a mobile food vending vehicle on private property for Ana Karen Ordonez dba Mariscos El Aguachilense. The subject property is located within the Highway Commercial Zoning District at 402 Washington Ave., more specifically identified as Assessor's Parcel Number: 026- 062-006.

A PUBLIC HEARING on this matter will be held at the next scheduled meeting of the Los Banos Planning Commission on Wednesday, December 14, 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 Rudy Luquin, Associate Planner, at City Hall or at {209) 827-2432.

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 Planning Commission 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 72 hours prior to the public hearing will enable the City to make reasonable arrangements to allow participation at this hearing 213 213
LOsBanos
t llu < , . , • , I oft i n in

COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT
Date: December 2, 2022
Regarding: Notice of Public Hearing
Proposal: Mobile Food Vendor Permit #2022-27- T_eodomioro Gomez (dba El Sabor De Mi Rancho)
NOTICE IS HEREBY GIVEN THAT a Public Hearing will be held by the Los Banos Planning Commission to consider a Categorical Exemption from the California Environmental Quality Act (CEQA) and a Mobile Food Vendor Permit #2022-27 to allow the operation of a mobile food vending vehicle on private property for Teodomiro Gomez dba El Sabor De Ml Rancho. The subject property is located within the Highway Commercial Zoning District at 726 I St., more specifically identified as Assessor's Parcel Number: 025-212-014,017.

COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT
Date: December 2, 2022
Regarding: Notice of Public Hearing
Proposal: Conditional Use Permit #2022-11 - Type 41 Alcohol License NOTICE IS HEREBY GIVEN THAT a Public Hearing will be held by the Los Banos Planning Commission to consider Conditional Use Permit #2022-11 and a Categorical Exemption from the California Environmental Quality Act pursuant to Section 15301, Existing Facilities, to allow the use of a Type 41 Alcohol License for the on-sale of Beer and Wine for a bona-fide eating place, Noodles Pho U, located at 435 W. Pacheco Blvd., more specifically identified as Assessor's Parcel Number 027-173-012.

Los Banos City CouncilDecember 7, 2022

Los Banos City Council
December 7, 2022