Los Banos City Council
January 4, 2023

LOs Banos
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www.losbanos.org
AGENDA

CITY COUNCIL MEETING

CITY HALL COUNCIL CHAMBERS
520 J Street
Los Banos, California
JANUARY 4, 2023 - 6:00 PM
Live stream on YouTube at:

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 a tender 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 Deshabilidad (ADA) de 1990. 1 ·········································· ················· ······· .. ······························································-·····························································································•·•··························· .................... · !·········································································· ............................................................................................................................................................................................................ ~ 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 mayor/a def Ayuntamiento respecto a cualquier artfculo en este orden de/ dfa sera hecho disponible para ta 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.tosbanos.org. · ................................................................................................................................................................................................................................... , ...................................................... i

1. CALL TO ORDER - January 4, 2023

2. PLEDGE OF ALLEGIANCE.

3. ROLL CALL: (City Council Members)
Kenneth Lambert - District 1
Brett Jones - District 3
__ Paul Llanez - Mayor
Los Banos City Council Agenda - January 4, 2023
6:00 PM
__ Douglas Begonia, Jr. - District 2
Deborah Lewis - District 4

1 4. CONSIDERATION OF APPROVAL OF AGENDA
Recommendation: Adopt the agenda as submitted.

5. PRESENTATIONS.

A Certificates of Recognition:
1) Employee of the Year 2022 - Ivan Mendez, Police Sergeant. 2) Employee of the Month for December 2022 - Kelsey Daguerre, Accounting Clerk II.

B. Proclamations Recognizing City Commissioners:
1) Dave Anderson - Airport Advisory Commission
2) Larry Leonardo - Airport Advisory Commission
3) David King - Airport Advisory Commission
4) Richard Stewart- Measure P Committee
5) Gerald Giesel - Measure P Committee
6) Tom Neeb- Measure P Committee
7) Gary Munoz - Parks & Recreation Commission
8) Clarence "Rob" Robinson - Planning Commission
9) John Cates - Planning Commission
C. Proclamation - Recognizing Reverend Dr. Martin Luther King, Jr. Day.

6. PUBLIC FORUM. (Members of the public may address the City Council Members on any item of public interest that is within the jurisdiction of the City Council; includes agenda and non-agenda items. No action will be taken on non-agenda items. Speakers are limited to a five (5) minute presentation. Detailed guidelines are posted on the Council Chamber informational table.)

7. CONSIDERATION OF APPROVAL OF CONSENT AGENDA. (Items on the Consent Agenda are considered to be routine and will be voted on in one motion unless removed from the Consent Agenda by a City Council Member.) A. Check Register for #236375 - #236807 in the Amount of $4,076,326.20.

Recommendation: Approve the check register as submitted.

B. City Council Resolution No. 6599 - 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.

C. City Council Resolution No. 6600 - Appointing Members to the Measure P Citizens Oversight Committee: Richard Stewart & Nathan Mancebo.

Recommendation: Adopt the resolution as submitted.

Los Banos City Council Agenda - January 4, 2023 Page 2of4 2 D. City Council Resolution No. 6601 - Amending Fiscal Year 2022-2023 Budget by Increasing Appropriations in the Los Banos Park Fund for Landscape and Irrigation in the Amount of $84,170 for the Pacheco Park Irrigation Improvements Project.

Recommendation: Adopt the resolution as submitted.

8. PUBLIC HEARING. (If you challenge the proposed action as described herein in court, you may be limited to raising only those issues you or someone else raised at the public hearing described herein or in written correspondence delivered to the City at, or prior to, the public hearing.)
A. Public Hearing - To Receive Public Comment and Consideration of a Categorical Exemption from the California Environmental Quality Act (CEQA) and Conditional Use Permit #2022-11 to Allow the Use of a Type 41 Alcohol License for the On-Sale of Beer and Wine in Conjunction with a Bona-Fide Eating Establishment, Located at 435 W. Pacheco Boulevard, APN 027-173- 012.
1) City Council Resolution No. 6602 - Adopting a Categorical Exemption from CEQA Pursuant to Section 15301, Existing Facilities and Approving Conditional Use Permit #2022-11 to Allow the Use of a Type 41 Alcohol License for the On-Sale of Beer and Wine in Conjunction with an Eating Establishment, for Noodles Pho U, Located at 435 W. Pacheco Boulevard.

Recommendation: Receive staff report, open the public hearing, receive public comment, close the public hearing, and adopt the resolution as submitted.

B. Public Hearing - To Receive Public Comment and Consideration of Acceptance of the Development Impact Fee Report for Fiscal Years 2018- 2022 in Accordance with Assembly Bill (AB) 1600.

Recommendation: Receive staff report, open public hearing, receive public comment, close the public hearing, and accept the report as submitted.

9. PICKLEBALL COURT PROJECT UPDATE.

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

10. UPDATES SOLAR PROCUREMENT FOR THE COMMUNITY CENTER AND THE

WASTE WATER TREATMENT PLANT THROUGH PENINSULA CLEAN ENERGY PARTNERSHIP.

Recommendation: Informational item only, no action to be taken. 11 . APPOINTMENT OF COMMISSIONERS TO THE FOLLOWING COMMISSIONS:

A. Airport Advisory Commission
Two (2) Two (2) Year Terms- Expiring December 31, 2024.

B. Parks & Recreation Commission
Two (2) Two (2) Year Terms - Expiring December 31, 2024.

Los Banos City Council Agenda - January 4, 2023 Page 3 of4 3 C. Planning Commission
One (1) Four (4) Year Term in District 3 - Expiring December 31, 2026.

Recommendation: Appoint commissioners to fill the vacancies.

12. ADVISEMENT OF PUBLIC NOTICES. (One Report)
Recommendation: Informational item only, no action to be taken.

13. CITY MANAGER REPORT.

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

14. REPORT/UPDATE ON MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG), PENINSULA CLEAN ENERGY (PCE}, SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT (SJVAPCD), AND MEASURE V COMMITTEE.

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

15. CITY COUNCIL MEMBER REPORTS.

A. Douglas Begonia, Jr. - District 2
B. Brett Jones - District 3
C. Deborah Lewis - District 4
D. Kenneth Lambert- District 1
E. Paul Llanez - Mayor

16. CLOSED SESSION.

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

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

17. ADJOURNMENT.

I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bullelln boarri not less than 72 hours prTor to the meeting.

Lucille
fL, {t{Q_
L. Mallonee,
fY. ~ City Clerk Dated this 29th day of December 2022
Los Banos City Council Agenda - January 4, 2023 Page 4 of4 4 Qemploptt of tbt !ltar
Presented to
Ivan :Mendez
We Jfere6y Tx_press Our Sincere 5ly_preciation for Your Outstand:ing Performance and 'Ded:icated Service
To tlie City of Los 'Banos and its Citizens.

We .Jlward'lliis Certificate for tlie Year of
2 0 2 2
:from
fiuJ oJ £M [JJan&,
'Pau[ £.fanez, Mayor Lucy :Jvla[[onee, City C[erk
5 CERTIFICATE OF RECOGNITION
Presented <To

KELSEY DAGUERRE
Accounting Clerk II - Finance Department
In recognition of your outstanding performance
and dedicated service to the City of Los <Banos and
for 6eing named "P,mpCoyee of the :Month" for {J)ecem6er 2022. <Pau{ £Canez, :Mayor
([)atea: January 4, 2023
LOsBanos
At t/11: Crossroads '!f California
6 LOsBanos
PROCLAMATION ImCOONlZJNG

DAVID ANDBRSON
AIRPORT ADVISORY COMMJSSlON MEMBER
WHEREAS, David Anderson was appointed to se1rve as a member of the Los Banos Ai,rpo,rt Ad'vTJsory Commission on JanuoiTiY 6, 2021; @nd WHEREAS, Dewid Anderson faithfully attended regil!,lil'ar meetings of the Lo.s Banos Airport Advisory Commission; and
WBER:EAS, David Anderson was a dedicated member of the Los Banos Ai,rport Advisor:y Co,mmission and continually provided his support to the goal's and missions of the commission; and
WHEREAS~ David Anderson fulfilled his term as a memb,e-,r of the Los Banos Airp.o,rt Advisory Coimmissio:n on December 31, 2022.

NO,W,.. THEREFORE, BE IT PROCLAIMED. that the Mayo-,; and City Council Members of the CiJty, of Los Banos do hereby recog·nize and' c,1xnr1r1mtend David Ande'liso;n for his ded'ieated! service as a member of the Los Banos Airport Advisory Commissfon.

In witness whereof,, I have hereunto set my
hand and caused to be affbced the seal of
the City of Los Banos, this 4th day of
January 2023.

APPROVED:

Paul Llanez, Mayor
AITEST:

Lucille L. Mallonee, City Clerk
7 LOsBanos
PROCLAMATION RECOOMZ1NG
LARR,y,' LE' , ~1LFA,l!ll,oor . . ,'•_u-,~ ·,
AIRPORT ADVISORY COMMJSS10N MEMBBR
WHEREAS, Larry Leonardo was appointed to, seroe as a member of the Los Banos Air,p,D:rt Adiv11sory Commission on J,;1tnuary, 6, 2021J,'. arrudJ WHEREAS~ Larry Leonardo faithjuJZy atterrudedJ reg;ullairr meetings of the Los Banos Ai1if)Oit1 Advisory Commission; and
WHEREAS, Larry Leonardo was a dedicated member of the Los Banos Airp,ort Advisory C0,T!Tit'f!l!lrissio,n and continually provided his support to1 the goats and missions of the c01mi11nissfon,'. and
WHEREAS:, W1i1iYf Leonarel'o fullfibl'ed his teT!'m as a member of the Los Barnos Ai7!pexrt AdiviisDry· c ·eJmmission on Decembeli 31, 2022·.

NOiW, THEREFORE, BE IT PROCLAIMED that the Mayor and City Council Members o/the City, of Los Banos do hereby rec0gnize· and1 commend Larry Leonairdio for hiis diedieated service as a member of the Los Banos Ai'lip,ort Advisory Commission.

In witness wherreof,. II have hereunto set my
hand and caused to be affixed the seal of
the City, of Los JB'fZli1rws, this 4th day of
January 2023.

APPROVED:

Paul Llanez, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
8 LOsBanos
.\1 1ht· ( romoa hf,
PROCLAMA TlON RECOGNJZJNG
DA'fllDKJNG

AIRPORT ADVISORY COMMISSION MEMBER'
WHEREAS, David King was appointed to serve as a member of the Los Banos Ai7ip.o:r:t Advisory Commission on January 6, 2021,; and WHEREAS, David King faithfully attended regule.111 meetings of the Los Banos Air.port Advis<!Yl!Yf Commission; and
WHEREAS, David King was a dedicated membe11 of the Los Banos Airport Adviso,r:y Commission and continually provided his support to the g,oal!s and missions of the commission,: and
'WHEREAS, David King fulfilled his term as a memb.e11 of the Los Banos Airport AdvisoTYJ Commission on December 31, 2022.

MM.V,, THEREFORE, BE IT PROCLAIMED that the Mayor and City Council Membe11s 0f the City of Los Banos do hereby recognize and co;r:nmendi David King for his dedicated seroice as a member of the Los Banos Airp@rl Ad!ms0•TYJ Co,mmi:ssion.

In witness whereof,, I have hereunto set my
hand and caused to he affixed the seal of
the City of Los Banos, this 4th day of
January 2023.

APPROVED:

Paul Uanez, Mayor
ATTEST:

Lucille L. Mallonee,, City Clerk
9 LOsBanos

PROCLAMATION RECOGNIZING
DJ/~IUiA\D ,n. s :"1111:l;'llJ!l'A l!:tT· ..n..l''-'-~.Ui -~a.-~ MEASVRE p, COMMITTEE MEMBER
WHEREAS, Richard Stewart was appointed to serve as a member of the Los Banos Measure P Committee on Jam:uaary1 1J 5,. 2fJ2.D; and WHEREAS, Richard Stewarrrt faithfebl'y; attended regular meetings of the Los Banos Measure P Committee,: and
WHEREAS, Richard Stewart was a dedicated member of the Los Banos Measure P Committee and continuably provided! her support to the goals and missions of the committee; and
WHEREAS, Richard Stewart .fti/Jfibtedi he'll te-,rm as a member of the Los Banos Measure P Committee on December 3li,, 2022.

NOW, THEREFORE, BE IT PROC£AJMED that the Mayor and City Counei:l Members of the City of Los Banos do hereby 11ecognize and commend Richard Stewart jar her dedicated service as a memb.er of the Los Banos Measure P Committee.

In w,itness whereof, I have hereunto set my
hand and caused to be affixed the seat of
the City of Los Banos, this 4th day of
January 2023.

APPROVED:

Manuel Thomas Faria III, Mayor
ATTEST:

Lucill'e L. Mallonee, City Clerk
10 .LOsBanos

PROCLAMATION RECOGNIZING

GERALD GIESEL

MEASURE P COMMITTEE MEMBER
WHEREAS, Gerald Giesel was appointed to serve as a member of the Los Banos Measure P Committee on January 15,, 2020,'. and
WHEREAS, Gerald Giesel faithfully attended regular meetings of the Los Banos Measure P Committee; and
WHEREAS, Gerald Giesel was a dedicated member of the Los Banos Measure P Committee and continually provided her support to the goals and missions of the committee; and
WHEREAS, Gerald Giesel fulfilled her term as a member of the Los Banos Measure P Committee on December 31, 2022.

NOW, THEREFORE, BB lT PROCLAIMED that the Mayor and City Council Members of the City of Los Banos do hereby recognize and commend Gerald Giesel for her dedicated seroice as a member of the Los Banos Measure P Committee.

In witness whereof, I have hereunto set my
hand and caused to be affixed the seal of
the City of Los Banos, this 4th day of
January 2023.

APPROVED:

Manuel Thomas Faria llI, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
11 LOsBanos
11ifm111a
PROCLAMATION RE,COGNlZING

TOMNEEIJ

MEASURE P COMIIHTTEE MEMBER
WHEREAS, Tom Neeb was appointed to serve as a member of the Los Banos Measure P Committee on January 15, 2020,'. and
WHEREAS, Tom Neeb faithfully attended ,regulali meetings of the Los Banos Measure P Committee; and
WHEREAS, Tom Neeb was a dedicated member of the Los Banos Measure P Committee and continually provided her support to the goals and missions of the committee; and
WHEREAS, Tom Neeb fulfilled her te'f!11!1J as a member of the Los Banos Measuire P Committee on December 31, 2022.

NOW, THEREFORE, BE IT PROCLAIMED that the Mayor and City Council Members of the City of Los Banos do hereby Pecogniae and commend Tom Neeb for her dedicated service as a member of the U>.s Banos Measure P Committee.

In witness whereof, I have hereunto set my
hand and caused to be affixed the seal of
the City of Los Banos, this 4th day of
January 2023.

APPROVED:

Manuel Thomas Faria III, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
12 LOsBanos
l\t tilt' (. YO\SWU 1hf0111ia

PROCLAMATION RECOGNIZING

GARYMVNOZ

PARKS & RECREATION COMMJSSION MEMBER
WHEREAS, Gary Munoz was appointed to, seroe as a member of the Los Banos Parks & Recreation Commission on December 17, 2020; and WHEREAS, Gary Munozfait'h.fully attended regular meetings of the Los Banos Parks & Recreation Commission; am.d
WHEREAS, Gary Munoz was a dedicated member of the Los Banos Parks & Recreation Commission and continually provided his support to the goals and missions of the commission; and
WHEREAS, Gary Munoz.fulfilled hiis te'fim as a member of the Los Banos Parks & Recreation Commission on December 31!, 2022.

NOW, THEREFORE, BE IT PROCLAJMED that the Mayor and City Council Members of the City of Los Banos do hereby recognize and commend Gary Munoz/or his dedicated service as a member of the Los Banos Parks & Recreation Commission.

Jn witness whereof,. I have hereunto set my
hand and caused to be affixed the seal of
the City of Los Banos, this 4th day of
January 2023.

APPROVED:

Paul Llanez, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
13 LOsBanos

PROCLAMATION RECOGNIZING
CLARENCE "ROB" ROBINSON
PLANNING COMMISSlONMBMBBR
WHEREAS, Clarence "Rob"' Robinson was appointed to) serve as a member of the Los Ba;rftc!Js Planning Commission on January 6, 2021; and WHEREAS, Clarence "Rob'~ Robinson faithfully, attended regular meetings of the Los Banos Pla1rrning Commission; and
WHEREAS, Clarence "Rob" Robinson was a diedic@ted member of the Los Banos Planning CoJ:nmission and continually provided his Sl!)JP,porli to, tihe goalJs and missions of the co,rrnmissio:n,: and
WHEREAS, Clarence "Rob'~ Robinson fulifill'ed his term as a member of the Los Banos Planning; Commission on December 31, 2022.

NOW,, THEREFORE, BE IT PROCLAIMED that the Mayor arnd City Council Members of the City of Los Banos do hereby recog,ni,ze and commend Clarence "Rob" Rcibinso..-n for hits. dedicated service as a member of the Lo,s JB.ane}s Planning Co,mmissio:n.

In witness whereof, l have hereunto set my
hand and ca1usedl to /JJe affixed the seal of
the City oj L0s Brwnos,, thiJs 4th day of
January 2D23.

APPROVED:

Paul' L,l'anez, Mayor
AITEST:

Lucille L. Mallonee,. Ci!y Clerk
14 LOsBanos

PROCLAMATION RECOGNIZING

JOBNCATES
PLANNING COMIBSSfON MEMBER
WHEREAS) John Cates was appointed to serve as a member of the Los Banos Plar:uning Commission on January 6,. 2021,: a11ud
WBER:EAS, John Cates faithfulZ'y atteNded regular meetirngs of the Los Banos PtanJrting; Commission; and
WHEREAS, John Cates was a dedicated member, oj the Los Barnos Planning CommiJssio,n a:'trtd continually provided his S1U:ppo~ to the goals and missions of the com;1rnissicm; and
WHEREAS, John Cates fulfilled his te'fiT!lfl; as a membe:,r of the Los Banos Planning, Commission on December 31, 2022.

NOJW,, THEREFORE, BE IT PROCLAIMED that the Mayor and City Council Members of the City of Los Banos do herehiy reco.91111,;ize and! commend .1€)l:in Cates for his dedicated seroice as a member of the Los Banos Planning Commission. ln witness whereof. I have hereunto set my
ho1ne1J artid caused to be affixed the seal of
the City of Los B.Clinos, this 4ith day of
J(!)J'Tf/;UCli7i'Y 2023.

APPROVED:

Paul Llanez, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
15 LOsBanos
J, hfom
PROCUlMA.TlON RECOGNJZING
REVEREND DR .. MARTIN LUTHER KING JR. DAY
WHEREAS, the Reverend Dr. Martin Luther King, Jr. was born in Atlanta, Georgia on January 15, 1929 and made a lasting impression as a key leader in the American Civil Rights Movement during the 1950's and 1960's; and
WHEREAS, during speeches and rallies in our Nation's capital and throughout America, Reverend Dr. Marlin Luther King, Jr. promoted his dream of a Nation where everyone is treated as equals and is judged "not by the color of their skin, but by the content of their character''; and
WHEREAS, people throughout the world continue to look to Reverend Dr. Martin Luther King, Jr. 's example as a model on human relations, and his efforts in the daily• struggle for civil human rights have continued since his assassination in 1968 and wiU continue until his dream of absolute freedom, equality, and justice for atl is finally realized; and
WHEREAS, the Ci:ty of Los Banos is proud to honor and celebrate the life of the Reverend Dr. Martin Luther King, Jr.

NOW, THEREFORE, BE IT PROCLAIMED, that the Mayor and City Council Members of the City of Los Banos do hereby recognize Monday, January 16, 2023 as Martin Luther King Jr. Day in the City of Los Banos and encourage alt citizens to celebrate and remember the many accomplishments of Reverend Dr. Martin Luther King, Jr.

In witness whereof,. I have hereunto set my hand
and caused to be affixed the seal of the City of
Los Banos, this 4th day of January 2023.

APPROVED:

Paul Llanez, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
16 CK# 236375 - # 236807 01/04/2023 $4,076,326.20
Bank Reconciliation
LOs Checks by Date Banos
User: jcanchola ., !, I~ { ",.,-,,,,, . .,, ,-~ ,r { ",; •I~ .. . , -1 • ' H e .. , .•.. ,;,. J, t.,,5 f!'.?Y .. . -~·_r, ..>:n:•, 1,; Printed: 12/29/2022 - 11 :52AM
Cleared and Not Cleared Checks
Print Void Checks
Check Check Date Name Module Void Amount
236415 12/2/2022 Aflac-Customer Service AP 270.18
236416 12/2/2022 AFSCME District Council 57 AP 1,558.68 236417 12/2/2022 Los Banos Police Assn AP 840.00
236418 12/2/2022 Los Banos Police Assn AP 245.00
236419 12/2/2022 MassMutual AP 1,407.90
236420 12/2/2022 MassMutual AP 1,990.00
236421 12/2/2022 Mission Square AP 466.65
236422 12/2/2022 MissionSquare AP 6,900.00
236423 12/2/2022 Nationwide Retirement Solutions AP 5,200.00 236424 12/2/2022 Professional Fire Fighter AP 900.00
236425 12/2/2022 State Disbursement Unit AP 937.50
236426 12/2/2022 Alhambra AP 255.15
236427 12/2/2022 Kasey Alim AP 157.50
236428 12/2/2022 Rebecca Allen AP 322.50
236429 12/2/2022 Animal Damage Management, Inc. AP 4,550.00 236430 12/2/2022 Anthony Gomes AP 1,600.00
236431 12/2/2022 Apex Annex Health Center, Inc. AP 440.00 236432 12/2/2022 Aramark Uniform Ser Inc AP 1,326.59
236433 12/2/2022 AramarkUniform & Career Apparel Group, Inc. AP 283.52 236434 12/2/2022 AT&T AP 649.35
236435 12/2/2022 AT&T AP 90.95
236436 12/2/2022 BJ's Consumers Choice AP 125.00
236437 12/2/2022 Boot Barn AP 176.16
236438 12/2/2022 Bruce's Tire Inc AP 500.46
236439 12/2/2022 BSK Associates AP 7,809.11
236440 12/2/2022 Buxton Company AP 12,500.00
236441 12/2/2022 Capital One AP 592.37
236442 12/2/2022 Oscar Covarrubias AP 250.00
236443 12/2/2022 Comcast AP 368.77
236444 12/2/2022 CPS AP 830.50
236445 12/2/2022 Custom Locksmith & Alarm Inc. AP 355.85 236446 12/2/2022 D & D Pest Control AP 177.00
236447 12/2/2022 Diamond Truck Body Manufacturing Inc. AP 4,999.00 236448 12/2/2022 Dept of Transportation AP 7,355.02
236449 12/2/2022 Farmer Brothers Coffee AP 155.03
236450 12/2/2022 Fastenal Company AP 303.87
236451 12/2/2022 Federal Express Corporation AP 12.58
236452 12/2/2022 Foster Bros Security Systems Inc. AP 1,318.68 236453 12/2/2022 Frasier Irrigation a Div. of Landmark Irrigation AP 182.37 236454 12/2/2022 GoTo Communications, Inc. AP 3,080.18
236455 12/2/2022 Govinvest, Inc. AP 6,000.00
236456 12/2/2022 Halcyon Creek Inc. AP Void 9,344.68
236457 12/2/2022 Henley Pacific, LLC AP 188.24
236458 12/2/2022 Key Seal Products, Inc. AP 228.54
17 236459 12/2/2022 TimJLaw AP 3,200.00
236460 12/2/2022 Gabriel Omar Ortiz Lepe AP 300.00
236461 12/2/2022 Liebert Cassidy Whitmore AP 5,325.00
236462 12/2/2022 Steve Macillas AP 201.25
236463 12/2/2022 Marfab Inc AP 143.76
236464 12/2/2022 Matson Alarm Co Inc AP 195.00
236465 12/2/2022 Merced County Environmental Health AP 5,651.00 236466 12/2/2022 Merced Truck & Trailer Inc AP 96.45
236467 12/2/2022 Monterey Auto Services Inc. AP 430.00
236468 12/2/2022 Napa Auto Parts of Los Banos AP 827.39 236469 12/2/2022 O'Dell Engineering AP 731.25
236470 12/2/2022 The Office City AP 2,243.90
236471 12/2/2022 OSE AP 391.28
236472 12/2/2022 O'Reilly Auto Parts AP 328.77
236473 12/2/2022 Pace Supply Corp. AP 1,598.62
236474 12/2/2022 Pinnacle Medical Group, Inc. AP 230.00 236475 12/2/2022 Pitney Bowes Inc AP 537.95
236476 12/2/2022 Price Paige and Company Accountancy Corporation AP 5,695.00 236477 12/2/2022 Provost and Pritchard Engineering, Inc. AP 6,237.20 236478 12/2/2022 Purchase Power Inc AP 3,030.00
236479 12/2/2022 Jeremy Rahn AP 2,237.23
236480 12/2/2022 Randik Paper Co AP 34.03
236481 12/2/2022 Regal Pacific Contracting and Compliance Inc. AP 2,477.50 236482 12/2/2022 San Joaquin River Exchange Contractors Groundwater AP I 1.25 236483 12/2/2022 Save Mart Supermarkets AP 103.02
236484 12/2/2022 Michael Bartholomew AP 37.68
236485 12/2/2022 SIJ Holdings, Inc AP 2,192.39
236486 12/2/2022 Sorensens True Value AP 594
.96
236487 12/2/2022 Stantec Consulting Services, Inc. AP 7,296.75 236488 12/2/2022 Wayne Spangler AP 300.00
236489 12/2/2022 Technicon Engineering Services, Inc. AP 697.00 236490 12/2/2022 Terryberry Company LLC AP I I 8.23
236491 12/2/2022 Thirkettle Corporation AP 29,945.88
236492 12/2/2022 Thomson Reuters (Tax & Accounting) Inc. AP 452.89 236493 12/2/2022 US Bank Corp Pymt System AP 31,001.18
236494 12/2/2022 Pacific Credit Bureau AP 250.00
236495 12/2/2022 Home Sweet Home Property Management Co. AP 98.13 236496 12/2/2022 Sunshine Investments AP 98.13
236497 12/2/2022 Miguel Flores AP 100.00
236498 12/2/2022 Century Communities AP 96.42
236499 12/2/2022 Antonia Arreola AP 107.67
236500 12/2/2022 Vera Mireles AP 8.42
236501 12/2/2022 Meritage Homes AP 177.07
236502 12/2/2022 Century Communities AP 176.28
236503 12/2/2022 Stephanie Kotel AP 101.87
236504 12/2/2022 Samuel Estrada AP 17.69
236505 12/2/2022 Peter Pena AP

3.74 236506 12/2/2022 Rafael Posadas AP 147.64
236507 12/2/2022 Anita Cortez AP 1,543.44
236508 12/2/2022 VCA Animal Hospitals, Inc. AP 1.69
236509 12/2/2022 Verizon Wireless AP 782.78
236510 12/2/2022 Windecker Inc AP 7,159.33
236511 12/2/2022 Sara Blevins AP 89.00
236512 12/2/2022 Sara Blevins AP 332.50
18 236513 12/2/2022 Employment Development Dept AP 21,000.00 236514 12/2/2022 Jeffrey Lyle Kelley AP 35.00
236515 12/2/2022 Premier Access Insurance Co. AP 21,130.41 236516 12/2/2022 Ronny's Inc. AP 45,581.88
236517 12/2/2022 Ronny's Inc. AP 15,441.55
236518 12/2/2022 Ronny's Inc. AP 11,377.40
236519 12/2/2022 Todd Silva AP 31.00
236520 12/2/2022 State Water Resources Control Board AP 60.00 236521 12/2/2022 Sun Life Financial AP 6,775.49
236526 12/6/2022 Food 4 Less AP 1,349.94
236528 12/9/2022 Anthony Gomes AP 149.69
236529 12/9/2022 Apex Annex Health Center, Inc. AP 351.00 236530 12/9/2022 Aramark Uniform Ser Inc AP 267.51
236531 12/9/2022 AT&T Mobility AP 4,628.01
236532 12/9/2022 AT&T AP 122.34
236533 12/9/2022 Dorothy June Baker AP 73.95
236534 12/9/2022 Battery Systems, Inc. AP 1,424.74
236535 12/9/2022 Borelli Real Estate Service, Inc. AP 90.00 236536 12/9/2022 Bound Tree medical LLC AP 1,185.54
236537 12/9/2022 Brinks Inc. AP 28.93
236538 12/9/2022 Bruce's Tire Inc AP 859.89
236539 12/9/2022 BSK Associates AP 448.00
236540 12/9/2022 A & E Industrial Cleaning Equipment AP 963.06 236541 12/9/2022 CDTFA California Dept. of Tax & Fee AP 1,511.00 236542 12/9/2022 CEP America California AP 399.00
236543 12/9/2022 Cintas Corporation No.2 AP 706.91
236544 12/9/2022 Commercial Speedometer Service, Inc. AP 832.00 236545 12/9/2022 Manuel A Avila AP 436.04
236546 12/9/2022 Coffee Break Service Inc. AP 195.22
236547 12/9/2022 Covanta Holding Company AP 402.89
236548 12/9/2022 CSG Consultants Inc. AP 20,056.29
236549 12/9/2022 LN Curtis & Sons AP 777.91
236550 12/9/2022 Dos Palos Publishing Company AP 525.00 236551 12/9/2022 Ducks Unlimited AP 500.00
236552 12/9/2022 Electric Drives Inc AP 16.46
236553 12/9/2022 Employee Relations, Inc. AP 50.00
236554 12/9/2022 Ferrellgas, Inc. AP 200.35
236555 12/912022 Foster Bros Security Systems Inc. AP 609.05 236556 12/9/2022 Gallagher Benefit Services, Inc. AP 6,250.00 236557 12/9/2022 Galls Inc AP 497.42
236558 12/9/2022 Grainger Parts Operations AP 417.03
236559 12/9/2022 Halcyon Creek Inc. AP 8,592.80
236560 12/9/2022 Henley Pacific, LLC AP 631.67
236561 12/9/2022 lnfoSend Inc. AP 3,530.14
236562 12/9/2022 Brent Kuhn AP 24,473.16
236563 12/9/2022 Lexipol LLC AP 7,159.02
236564 12/9/2022 Los Banos Volunteer AP 2,911.00
236565 12/9/2022 Lucas Business Systems AP 2,034.47
236566 12/9/2022 Marfab Inc AP 183.55
236567 12/9/2022 McCrometer Inc. AP 1,124.67
236568 12/9/2022 McElvany Inc AP 273,825.72
236569 12/9/2022 Merced County Association of Governments AP 17,769.00 236570 12/9/2022 Merced County Farm Bureau AP 350.00
236571 12/9/2022 Merced County Fire Department AP 11,044.00 19 236572 12/9/2022 Merced Truck & Trailer Inc AP I 76.01 236573 12/9/2022 Mid-Valley Disposal LLC AP 265,673.10
236574 12/9/2022 Monterey Auto Services Inc. AP I, 114.28 236575 12/9/2022 Napa Auto Parts of Los Banos AP 73.01
236576 12/9/2022 NDN International LLC AP 7,812.33
236577 12/9/2022 O'Dell Engineering AP 10,060.00
236578 12/9/2022 OSE AP 3,079.75
236579 12/9/2022 O'Reilly Auto Parts AP 991.74
236580 12/9/2022 PG&E Company AP 157,214.22
236581 12/9/2022 Protech Security & Electronics, Inc. AP 480.51 236582 12/9/2022 Quad Knopf, Inc. AP 559.35
236583 12/9/2022 Razzari Dodge Chrysler Jeep AP 700.00
236584 12/9/2022 SNAPCD AP 1,770.00
236585 12/9/2022 Robert & Susan Hansen AP 315.38
236586 12/9/2022 Springbrook Software, Inc. Springbrook Holding Company LLC AP 2,371.00 236587 12/9/2022 Sorensens True Value AP 1,172.44
236588 12/9/2022 Specialty Distributors, Inc. AP 427.06 236589 12/9/2022 Swinerton Builders AP 940,266.41
236590 12/9/2022 Technicon Engineering Services, Inc. AP 1,491.50 236591 12/9/2022 The Heil CO AP 220.00
236592 12/9/2022 Tractor Supply Credit Plan AP 119.61
236593 12/9/2022 Tyler Technologies, Inc. AP 715.00
236594 12/9/2022 Huda Sahib AP 93.38
236595 12/9/2022 Meritage Homes AP 162.84
236596 12/9/2022 Century Communities AP 158.09
236597 12/9/2022 Juan L & Diana Miranda AP 24.76
236598 12/9/2022 Crystal Ruiz AP 39.71
236599 12/9/2022 Jess Soriano AP 75.70
236600 12/9/2022 Century Communities AP 158.09
236601 12/9/2022 Brenda Ornelas-Ayala AP 72.42
236602 12/9/2022 DeisyDeras AP 72.42
236603 12/9/2022 Ali Ehsan AP 121.49
236604 12/9/2022 Joyce Bledsoe AP 23.36
236605 12/9/2022 Home Sweet Home Property Management Co. AP 101.87 236606 12/9/2022 Carlos Islas AP 164.02
236607 12/9/2022 Meng Chang AP 52.80
236608 12/9/2022 Home Sweet Home Property Management Co. AP 52.80 236609 12/9/2022 Michael Nguyen AP 101.87
236610 12/9/2022 Margarita Ortiz AP 52.80
23661 I 12/9/2022 Kevin McLane AP 52.80
236612 12/9/2022 MHP Builders Inc AP 164.42
236613 12/9/2022 Mariah Espinoza AP 153.05
236614 12/9/2022 Laura Reyes AP 65.89
236615 12/9/2022 Elvira Cortez AP 85.51
236616 12/9/2022 Ranulfo Alday AP 13.55
236617 12/9/2022 Meritage Homes AP 178.65
236618 12/9/2022 Lags Spine & Sportscare Medical Center AP 452.38 236619 12/9/2022 V anir Construction Management, Inc. AP 99,559.15 236620 12/9/2022 Westside Water Conditioning AP 193.50
236621 12/9/2022 Windecker Inc AP 23,934.32
236622 12/9/2022 Young's Air Conditioning AP 87.00
236623 12/9/2022 Buy N Save Market AP 71.66
236624 12/9/2022 City of Los Banos Escrow Account AP 2,185.28 236625 12/9/2022 City of Los Banos ** AP 1,540.62
20 236626 12/9/2022 Rosemarie Souto AP 21.30
236627 12/9/2022 Gregory Wellman AP 134.02
236628 12/9/2022 Xerox Financial Services AP 2,464.46
236637 12/16/2022 Alhambra AP 40.96
236638 12/16/2022 Apex Annex Health Center, Inc. AP 569.00 236639 12/16/2022 Aramark Uniform Ser Inc AP 670.68
236640 12/16/2022 AramarkUniform & Career Apparel Group, Inc. AP 141.76 236641 12/16/2022 Ascent Aviation Group, Inc. AP 23,523.37 236642 12/16/2022 AT&T AP 1,679.73
236643 12/16/2022 Backflow Apparatus & Valve Co. AP 121.40 236644 12/16/2022 BJ's Consumers Choice AP 176.00
236645 12/16/2022 Boot Barn AP 190.00
236646 12/16/2022 Ca Dept of Justice AP 1,372.00
236647 12/16/2022 Cartegraph Systems, Inc. AP 2,916.67
236648 12/16/2022 CENCAL Machine & Fabrication Inc. AP 291.75 236649 12/16/2022 Central Sanitary Supply AP 434.49
236650 12/16/2022 Central Valley Concrete Inc. AP 812.36 236651 12/16/2022 Clark Pest Control Inc AP 100.00
236652 12/16/2022 Cook's Communications Corp. AP 126. 16 236653 12/16/2022 Copy Shipping Solutions AP 589.34
236654 12/16/2022 CPS AP 533.50
236655 12/16/2022 CSG Consultants Inc. AP 18,703.75
236656 12/16/2022 City of Los Banos Utility AP 25,065.62 236657 12/16/2022 Custom Locksmith & Alarm Inc. AP 528.85 236658 12/16/2022 Dakota Pump Inc AP 4,574.44
236659 12/16/2022 Dispensing Technology Corporation AP 135.87 236660 12/16/2022 Electric Drives Inc AP 5,201.62
236661 12/16/2022 Farmer Brothers Coffee AP 254.24
236662 12/16/2022 Federal Express Corporation AP 29.02
236663 12/16/2022 Anthony Flippo AP 350.00
236664 12/16/2022 GoTo Communications, Inc. AP 3,037.02 236665 12/16/2022 Grainger Parts Operations AP 187.81
236666 12/16/2022 Halcyon Creek Inc. AP 2,031.21
236667 12/16/2022 Henley Pacific, LLC AP 400.85
236668 12/16/2022 Holt of California AP 794.71
236669 12/16/2022 Ingraham Trophies AP 89.42
236670 12/16/2022 Jerry Witt AP 2,389.00
236671 12/16/2022 Jorgensen & Sons Inc. AP 196.33
236672 12/16/2022 Kone Inc. AP 791.76
236673 12/16/2022 Krazan & Associates AP 1,822.75
236674 12/16/2022 Language Line Services AP 8.33
236675 12/16/2022 Lucas Business Systems AP 522.57
236676 12/16/2022 Lucille L Mallonee AP 10.20
236677 12/16/2022 Mark Thomas & company. Inc. AP 30,464.00 236678 12/16/2022 Marfab Inc AP 283.93
236679 12/16/2022 McElvany Inc AP 1,000.00
236680 12/16/2022 Merced County Regional Waste Management Authority AP 6,413.89 236681 12/16/2022 Merced MRI Medical Group AP 65.00
236682 12/16/2022 Merced Truck & Trailer Inc AP 1,695.48 236683 12/16/2022 Monterey Auto Services Inc. AP 55.00
236684 12/16/2022 NDN International LLC AP 166.68
236685 12/16/2022 Normac Inc AP 298.21
236686 12/16/2022 OSE AP 194.95
236687 12/16/2022 O'Reilly Auto Parts AP 553.82
21 236688 12/16/2022 PG&E Company AP 11.14
236689 12/16/2022 Protech Security & Electronics, Inc. AP 132.00 236690 12/16/2022 Ginny Rivera AP 600.00
236691 12/16/2022 Save Mart Supermarkets AP 59.11
236692 12/16/2022 Scelzi Enterprises, Inc. AP 977.45
236693 12/16/2022 Sherwin Williams Co AP 97.69
236694 12/16/2022 Shred-It US N LLC AP 373.20
236695 12/16/2022 SIJ Holdings, Inc AP 333.99
236696 12/16/2022 Sorensens True Value AP 982.97
236697 12/16/2022 Stanislaus Farm Supply AP 227.01
236698 12/16/2022 Superior Pool Products, LLC AP 3,008.31 236699 12/16/2022 Swank Motion Pictures, Inc. AP 50.00
236700 12/16/2022 Swinerton Builders AP 845,396.04
236701 12/16/2022 Jessica Salvatier AP 600.00
236702 12/16/2022 Teal, LLC AP 1,950.00
236703 12/16/2022 US Fueling Solutions AP 394.78
236704 12/16/2022 Anita Singh AP 62.62
236705 12/16/2022 DanPouw AP 365.05
236706 12/16/2022 Sarah Van Loben AP 131.31
236707 12/16/2022 Century Communities AP 136.77
236708 12/16/2022 Century Communities AP 135.98
236709 12/16/2022 DLP Real Estate, Inc. AP 170.56
236710 12/16/2022 VCA Animal Hospitals, Inc. AP 50.00
23671 I 12/16/2022 Law Offices of William A Vaughn AP 12,059 .00
236712 12/16/2022 Westside Water Conditioning AP 38.50
236713 12/16/2022 West Publishing Corporation AP 444.62 236714 12/16/2022 Windecker Inc AP 8,261.92
236715 12/16/2022 W.M. Lyles Co. AP 271,001.75
236716 12/16/2022 Robin Wiley AP 550.00
236717 12/16/2022 Young's Air Conditioning AP 144.00
236718 12/19/2022 Aflac-Customer Service AP 270
.18
236719 12/19/2022 AFSCME District Council 57 AP 1,560.21 236720 12/19/2022 Empower Annuity Ins. Co of America AP 1,990.00 236721 !'2/19/2022 Los Banos Fitness & AP 300.00
236722 12/19/2022 Los Banos Police Assn AP 245.00
236723 12/19/2022 Los Banos Police Assn AP 840.00
236724 12/19/2022 MassMutual AP 1,407.90
236725 12/19/2022 Mission Square AP 5,400.00
236726 12/19/2022 MissionSquare AP 466.65
236727 12/19/2022 Nationwide Retirement Solutions AP 5,200.00 236728 12/19/2022 Professional Fire Fighter AP 900.00
236729 12/19/2022 State Disbursement Unit AP 937.50
236730 12/22/2022 Anderson Pump Company Inc AP 366
.00
236731 12/22/2022 Apex Annex Health Center, Inc. AP 965.00 236732 12/22/2022 Aramark AP 71.21
236733 12/22/2022 Aramark Uniform Ser Inc AP 1,670.22
236734 12/22/2022 AramarkUniform & Career Apparel Group, Inc. AP 141.76 236735 12/22/2022 Airgas, Inc. AP 303.79
236736 12/22/2022 AT&T Mobility AP 764.66
236737 12/22/2022 AT&T AP 609.66
236738 12/22/2022 AT&T AP 90.95
236739 12/22/2022 Dorothy June Baker AP 244.69
236740 12/22/2022 BJ's Consumers Choice AP 217.00
236741 12/22/2022 Bruce's Tire Inc AP 1,349.40
22 236742 12/22/2022 BSK Associates AP 1,420.00
236743 12/22/2022 Buy N Save Market AP I 73.78
236744 12/22/2022 A & E Industrial Cleaning Equipment AP 361.86 236745 12/22/2022 Central Valley Toxicology, Inc AP 85.00 236746 12/22/2022 Comcast AP 236.90
236747 12/22/2022 Cook's Communications Corp. AP 722.93 236748 12/22/2022 Copy Shipping Solutions AP 678.33
236749 12/22/2022 CSG Consultants Inc. AP 546.25
236750 12/22/2022 D & D Pest Control AP 177.00
236751 12/22/2022 Double D Towing, LLC AP 130.00
236752 12/22/2022 Fastenal Company AP 173.92
236753 12/22/2022 Fast Track Car Wash AP 287.00
236754 12/22/2022 FBINAA AP 130.00
236755 12/22/2022 Federal Express Corporation AP 8.17
236756 12/22/2022 Ferrellgas, Inc. AP 476.63
236757 12/22/2022 Garton Tractor Inc AP 8,491.20
236758 12/22/2022 Gouveia Engineering Inc. AP 52,609.10 236759 12/22/2022 Halcyon Creek Inc. AP 12,276.00
236760 12/22/2022 Henley Pacific, LLC AP 868.56
236761 12/22/2022 Hoffinan Electronic Systems AP 375.00 236762 12/22/2022 Home Depot AP 4,207.73
236763 12/22/2022 Jerry Witt AP 2,389.00
236764 12/22/2022 Gabriel Omar Ortiz Lepe AP 175.00
236765 12/22/2022 Lincoln Equipment Inc AP 283.03
236766 12/22/2022 Los Banos Downown Assoc. AP 350.00
236767 12/22/2022 Marfab Inc AP 185.10
236768 12/22/2022 McNamara Sports Inc AP 1,619.15
236769 12/22/2022 Merced County Assessor AP 360.00
236770 12/22/2022 Madera Uniform & Accessories AP 1,514.78 236771 12/22/2022 Mid Cal Pipeline & Utilities, Inc. AP 147,345.00 236772 12/22/2022 Miracle Playsystems, Inc. AP 68.15
236773 12/22/2022 Georgina Martinez AP 600.00
236774 12/22/2022 Napa Auto Parts of Los Banos AP 16.39 236775 12/22
/2022 Gerald "Obie" O'Brien AP 77.14
236776 12/22/2022 The Office City AP 510.18
236777 12/22/2022 OSE AP 451.62
236778 12/22/2022 O'Reilly Auto Parts AP 379.08
236779 12/22/2022 Owen Equipment Sales AP 124.74
236780 12/22/2022 PG&E Company AP 26.87
236781 12/22/2022 Park Associates Inc. AP 4,187.81
236782 12/22/2022 PlaceWorks, Inc. AP 17,682.80
236783 12/22/2022 Plan It Geo LLC AP 1,375.00
236784 12/22/2022 Price Paige and Company Accountancy Corporation AP 38,709.00 236785 12/22/2022 Provost and Pritchard Engineering, Inc. AP 5,302.40 236786 12/22/2022 Protech Security & Electronics, Inc. AP 300.00 236787 12/22/2022 Riggs Ambulance Service AP 490.00
236788 12/22/2022 Moises Rocha AP 600.00
236789 12
/22/2022 Save Mart Supermarkets AP 52.21
236790 12/22/2022 Sherwin Williams Co AP 179.39
236791 12/22/2022 Fernando Simas AP 190
.00
236792 12/22/2022 Sorensens True Value AP 869.34
236793 12/22/2022 SWRCB Accounting Office AP 8,644.00
236794 12/22/2022 Brian Subia AP 600.00
236795 12/22/2022 Telstar Instruments AP 1,346.00
23 236796 12/22/2022 Technicon Engineering Services, Inc. 236797 12/22/2022 Terryberry Company LLC
236798 12/22/2022 Townsend Public Affairs, Inc.
236799 12/22/2022 Triangle Rock Products
236800 12/22/2022 Uline, Inc.
236801 12/22/2022 US Fueling Solutions
236802 12/22/2022 Vanir Construction Management, Inc.
236803 12/22/2022 Law Offices of William A Vaughn
236804 12/22/2022 Verizon Wireless
236805 12/22/2022 Westamerica Bank - Cafeteria Plan
236806 12/22/2022 Windecker Inc
236807 12/22/2022 Young's Air Conditioning
Break in check sequence due to the following:

Check #236375 - #236389 (Manual Voids)
Check #236390 - #236413 (Payroll)
Check #236414 (Manual Void)
Check #236522 - #236525 (Payroll)
Check #236527 (Payroll)
Check #236629 - #236636 (Payroll)
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP Void
Total Void Check Count:

Total Void Check Amount:

Total Valid Check Count:
2,359.50
246.23
5,000.00
578.83
313.93
7,303.83
58,213.19
12,600.00
935.64
81,917.59
2,143.33
1,106.27
2 10,450.95
378
Total Valid Check Amount: 4,065,875.25
Total Check Count: 380
Total Check Amount: 4,076,326.20
24 LOsBanos
Agenda Staff Report
TO: City Council
FROM: William A. Vaughn, City Attorney
DATE: January 4, 2023
TYPE OF REPORT: Consent Agenda
SUBJECT: Remote Teleconferencing - Per AB 361

RECOMMENDATION
Approve Resolution No. ___ to allow for in person, virtual, and hybrid public meetings.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS BANOS

REAUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE

LEGISLATIVE BODIES OF THE CITY OF LOS BANOS PURSUANT TO THE PROVISIONS OF AB 361

BACKGROUND
On June 1, 2022 staff brought forward a resolution for City Council consideration concerning reauthorizing remote teleconference meetings pursuant to AB361. At that meeting the city council approved Resolution No. 6494 to allow for flexibility to meet in person or virtually in response to COVID 19 changing conditions. Pursuant to AB361 the Resolution must be considered by the city council and the required findings must be made every thirty (30) days thereafter or it will expire. 25 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. 26 AB ·351 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.

Reviewed by:

Interim City Manager
27 THIS PAGE IS INTENTIONALLY LEFT BLANK
28 ...

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 29 WHEREAS, Governor Gavin Newsom declared a statewide emergency over the COVID-19 pandemic on March 4, 2020; and
WHEREAS, on June 17, 2021, Cal/OSHA issued new emergency temporary standards (ETS) on COVID-19 infection prevention for the workplace (subsequently revised on December 16, 2021). The regulations require all individuals at City worksites to abide by certain rules, including wearing face coverings and socially distancing; and WHEREAS, on November 10, 2021, Governor Gavin Newsom signed Executive Order N-21-21 which extended through March 31, 2022, the state of emergency in California related to the threat of COVID-19; and
WHEREAS, on January 5, 2022 as mitigation for the Omicron variant, the California Department of Public Health (CDPH) extended the requirement that masks to be worn by all employees in all indoor public settings, irrespective of vaccine status, through February 15, 2022; and
WHEREAS, on February 7, 2022 the CDPH announced that effective February 16, 2022: universal masking shall remain required in only specified settings; and only unvaccinated persons are required to mask in all indoor public settings; and fully vaccinated individuals are recommended to continue indoor masking when the risk may be high; and
WHEREAS, on February 28, 2022 Governor Newsom issued Executive Order N5-22, which suspends part of the Cal/OSHA Temporary Emergency Standards.

Specifically, effective March 1, 2022, unvaccinated employees are no longer required to wear a face covering in most California workplaces. Notably, however, the universal indoor mask mandate remains in place for certain high-risk settings, such as healthcare and congregate settings; and
WHEREAS, as a consequence of the declared statewide emergency; the guidance and orders of the State Public Health Officer; and the Cal/OSHA temporary standards (ETS) on COVI D-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:
30 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 4th day of January 2023, 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:

Paul Llanez, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
31 THIS PAGE IS INTENTIONALLY LEFT BLANK
32 LOsBanos
Al tl1e Crossroads of Clfl~fornia
Agenda Staff Report
TO:

FROM:

DATE:

Mayor & City Counc~ bers
Paul Tualla, Fire Ch~
January 4, 2023
SUBJECT: Measure P Citizens Oversight Committee
TYPE OF REPORT: Consent Agenda
Recommendation:

It is recommended that Council approve the attached Resolution approving the reappointment of Richard Stewart and the appointment of Nathan Mancebo as new committee member to the Measure P Citizens Oversight Committee.

Background:

Ordinance No. 1020 (Measure P) established a seven (7) member Citizens Oversight Committee to represent the community and to insure that Measure P monies are expended as specified in the Ordinance.

The Ordinance also requires the Fire Chief and Police Chief to submit Committee Member names to the City Council for ratification.

Discussion:

The City advertised in the local newspaper for persons interested in serving on the Measure P Citizens Oversight Committee. Staff received a letter of interest from Nathan Mancebo and a request from current Committee Member Richard Stewart requesting re-appointment to the Measure P Committee. It has been past practice to appoint members to an additional term when requested.
33 I feel we have a very good slate of members and would request the Council approve the requested Resolution and committee as submitted.

I would like to thank the outgoing committee members for their dedicated service:

Gerald Giesel and Tom Neeb.

Fiscal Impact:

No Fiscal Impact.

Reviewed by:

Attachments:

Ordinance 1020
Resolution
Staff report - Measure P Committee (01-04-23).doc
34 RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF LOS BANOS APPOINTING MEMBERS TO THE

MEASURE P CITIZENS OVERSIGHT COMMITTEE
WHEREAS, on November 2, 2004 the voters of the City of Los Banos by more than a two thirds margin approved the Los Banos Police, Fire, Public Safety/911 Special Transactions (Sales) and Use Tax known as "Measure P"; and WHEREAS, City Council Ordinance 1020 established a Citizens Oversight Committee to review the revenues and expenditures generated and spent under the Los Banos Police, Fire, Public Safety/911 Special Transactions and Use Tax; and WHEREAS, the Citizens Oversight Committee shall consist of seven (7) individuals who are registered voters within the City of Los Banos; and WHEREAS, the Police Chief and Fire Chief shall together nominate each committee member to be appointed by a motion of the City Council and adopted by majority vote; and
WHEREAS, the members so appointed shall serve without compensation for a term of three (3) years.

NOW, THEREFORE, BE IT RESOLVED that Richard Stewart and Nathan Mancebo have been nominated by the Police Chief and Fire Chief to serve on the Los Banos Measure P Citizens Oversight Committee.

NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Los Banos does hereby appoint the following individuals to serve on the Los Banos Measure P Citizens Oversight Committee:

Richard Stewart
Nathan Mancebo
term ending December 31, 2025
term ending December 31 , 2025
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 4th day of January 2023, 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:

Paul Llanez, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
35 THIS PAGE IS INTENTIONALLY LEFT BLANK
36 LOsBanos
At tlic Crossroads of ( ali}on1ia
Agenda Staff Report
TO: Mayor and City Council Members
FROM: Soknirom Than, Public Works Director/City Engineer DATE: January 4, 2023
TYPE OF REPORT: Consent Agenda
SUBJECT: Pacheco Park Irrigation Improvements and Fiscal Year 2022-2023 Budget Amendment
Recommendation:

That the City Council adopt the Resolution to amend the Fiscal Year 2022-23 budget by increasing the appropriation amount in the Los Banos Park Fund in the amount of $84, 170 for the construction of irrigation water services for the Pacheco Park.

Background:

The current Pacheco Park site was previously owned by the County, who then dedicated the land between the City of Los Banos and the Los Banos Unified School District (LBUSD). The water source for the entire site is located on the LBUSD portion from a well.

This well is owned and operated by LBUSD. The improvements under way at Loftin Stadium will decommission this existing water well. The school district has submitted for an encroachment permit to connect to our existing water main along 7th Street to serve their site; however, Pacheco park will also need to disconnect from the well and connect to the water main on 7th Street. The School District is planning to decommission the well in the late spring of 2023.

For this reason, staff has issued a Task Order with O'Dell Engineering, Inc. (O'Dell) on October 24, 2022 for the design of the new irrigation water services and the associated booster pump to address this urgent matter. O'Dell has provided to the City their design along with an Engineer Cost Estimate for the construction of these services. The intent of the project is to have this new service connections and booster pump operational prior to the dry season in 2023.
37 Discussion:

The plans call out for two (2) 8" water supply lines, two (2) 3" water meters and a booster pump. The design plans have taken into consideration the future Splash Pad project and has sized the service lines accordingly.

The current (FY 23) budget includes appropriations in the Los Banos Park Fund for the design of a Splash Pad at Pacheco Park. Staff is asking that the available funding be redirected from account 250-454-220-753 ($176,330) to 250-454-220-717 for this irrigation water services project. Staff is also requesting additional appropriations of $84,170 for this project. This would make the total construction cost $260,500 (Engineer Cost Estimate is attached). The site will be ready to continue design and further direction from City Council on the Splash Pad project in Fiscal Year 2023-24.

Fiscal Impact:

The Fiscal Impact of the project is a net increase to the Los Banos Park Fund in the amount of $84,170. The project is to be funded from the line item 250-454-220-717.

Reviewed by:

Attachments:

Resolution
Irrigation Renovation Plans
Engineer Cost Estimate
38 RESOLUTION NO. -- A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF LOS BANOS AMENDING THE
FISCAL YEAR 2022-2023 BUDGET BY

INCREASING APPROPRIATIONS IN THE LOS

BANOS PARK FUND IN THE AMOUNT OF
$84,170 FOR THE PACHECO PARK
IRRIGATION IMPROVEMENTS PROJECT.

WHEREAS, the City Council of the City of Los Banos has been presented a proposal to increase and decrease the appropriations in the 2022-2023 Fiscal Year Budget; and
WHEREAS, the City Council of the City of Los Banos may adjust the overall appropriation levels in each fund at any time during the Fiscal Year by action to amend the budget; and
WHEREAS, the proposed Los Banos Park Fund budget amendments include an increase in expenditures of $260,500 for account 250-454-220-717 and a decrease in expenditures of ($176,330) for account 250-454-220-753.

WHEREAS, the proposed amendment to the 2022-2023 Fiscal Year Budget for an overall increase in appropriations in the Los Banos Park Fund has been reviewed.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos hereby approves amending the Fiscal Year 2022-2023 Budget by increasing appropriations in the Los Banos Park Fund for Landscape and Irrigation in the amount of $260,550 and decreasing appropriations in the Los Banos Park Fund for Specialized Equipment in the amount of ($176,330).

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 4th day of January 2023, 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:

Paul Llanez, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
39 THIS PAGE IS INTENTIONALLY LEFT BLANK
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53 THIS PAGE IS INTENTIONALLY LEFT BLANK
54 ..,DELL 90% PROBABLE CONSTRUCTION COST ESTIMATE -ENG1N-E-E-R1NG Pacheco Park

ITEM DESCRIPTION
A. Grading, Drainage1 and Site Preparation
1 Furnish & Install 8" Irrigation Line
2 Furnish & Install 8" Water Line
3 Furnish & Install 3" Meter
4 8" Water Valve
5 Connect to Existing Water Line
6 Remove & Replace 6" Vertical Curb & Gutter
7 Remove & Replace Rolled Curb
8 Remove & Replace Concrete Sidewalk
9 3" x 8" Reducer
1 O Asphalt Patch for Street and Parking Loi
B. Site Electrical
1 Electrical Connections, Transformers, Meter Pedestal, Conduit and Wire, etc 2 PG&EFees
C. Flatwork1 Surfacing, and Walls
1 Conc:rete Flslwork
2 Chain Link Gates
3 Chain Link Fencing
D. Planting
1 Sod CondHion/ng & Amendments
2 Turf - Hydroseed
7 90 Day Maintenance Establishment Period
E. Irrigation
1 Two-Wire beooders
2 8" Mainline for Future Splash Pad
3 8" Mainline for Irrigation System
4 Two-Wire Path and Conduit
5 1" SCH 40 PVC Lateral Line
6 3" RCV Valve & Box
7 3/4" Quick Couplers
8 8" Gate Valves
9 6" Master Vatve/6" Flow Sensor
1 o 4" Backflow Preventer
11 Irrigation Controller - Two-VI/ire
12 Irrigation Booster Pump
NOTES:

1. Items not included as a part of this preliminary estimate:

A. Perrms
B. Utility Fees
C. City Fees, Bond Fees

0. Engineering/Design Fees
E. Soils Engineering Costs
CONS1RUCTrON SUBTOTAL

2. Estimates are derived from most recent market conditions/ bids In the region.

3. Estimates do not reflect changes in inflation/deflation of future costs.

4. Assumes electrical power will be provided to the site prior to construction.

LOS BANOS, CALIFORNIA
11/18/2022
UNIT QUANT. UNIT COST AMOUNT
LF
LF
EA
EA
EA
LF
LF
SF
EA
LS
Ls
LS
SF
EA
LF
SF
SF
SF
eA
LF
LF
LF
LF
EA
EA
EA
EA
EA
EA
EA
63 63
2 2
2 20
20 85
4 1
300
2 51
1,837
1,837
1,837
9 53
410
670
20 1
1 2
1 2
1 1
$40.00
$40.00
$6,000.00
$1,500.00
$5,000.00
$30.00
$30.00
$10.00
$500.00
$5,000.00

SUB-TOTAL
$60,000.00
$7,000.00

SUB-TOTAL
$18.00
$2,500.00
$85.00

SUB-TOTAL
$0.45
$0.25
$0.12

SUB-TOTAL
$150.00
$25.00
$25.00
$3.50
$2.50
$500.00
$250.00
$1,500.00
$5,500.00
$6,500.00
$8,500.00
$68,400.00

SUB-TOTAL
10%.Conlingency
Conatructfon Total
F. Erosion Control & Siltation Costs, SWPPP
G. Landscaping Fees
H. Joint Trench
I. Easement Acquisitions
J. Power Pole Relocation
$2,520.00
$2,520.00
$12,000.00
$3,000.00
$10,000.00
$600.00
$600.00
$850.00
$2,000.00
$5,000.00
$39,090.00
$60,000.00
$7,000.00
$67,000.00
$5,400.00
$5,000.00
$4.335.00
$14,735.00
$826.65
$459.25
$220.44
$1,506.34
$1,350.00
$1,325.00
$10,250.00
$2,345.00
$50.00
$500.00
$250.00
$3,000.00
$5,500.00
$13,000.00
$8,500.00
$68,400.00
$114,470.00
$231,801.U :
$23,680.13
$260,481.47

5. Unit Costs and Amounts shown in BOLD assume alternative payment mechanisms - Sourcewell, etc. 55 THIS PAGE IS INTENTIONALLY LEFT BLANK
56 TO:

FROM:

LOsBanos
At the re t d ·, J Cali/ornia
Agenda Staff Report
Mayor Llanez and City Council Members
Stacy Souza Elms, Interim City Manager/ Community and Economic~ Development Director
DATE: January 4, 2023
TYPE OF REPORT: Public Hearing
SUBJECT: Consideration of Conditional Use Permit #2022-11 to Allow the Use of a Type 41 Alcohol License for the On-Sale of Beer and Wine in Conjunction with a Bona-Fide Eating Place for Noodles Pho U, Located at 435 W. Pacheco Blvd.; APN: 027-173-012
Recommendation:

That the City Council adopt a Resolution approving a CEQA Exemption pursuant to Section 15301, Existing Facilities, and approve Conditional Use Permit #2022-11 to allow the use of a Type 41 alcohol license located at 435 W. Pacheco Blvd. for Noodles Pho U.

Background:

On December 14, 2022, the Los Banos Planning Commission held a public hearing to review Conditional Use Permit #2022-11 for the use of a Type 41 alcohol license for the on-sale of beer and wine in conjunction with an eating establishment. At the public hearing, the Planning Commission considered the application, including the staff report, presentation by staff, and public comment. As the recommending body, the Planning Commission recommended approval of Conditional Use Permit #2022-11 to the Los Banos City Council.
1 57
Discussion:

The Community & Economic Development Department is in receipt of a request for Conditional Use Permit #2022-11 from the applicants, Sora Park & Bobby Park, dba:

Noodles Pho U, for the use of a Type 41 Alcohol License for the on-sale of beer & wine in conjunction with an eating place. Noodles Pho U is to be located at 435 W. Pacheco Blvd. The business plans to operate Monday through Sunday from 10:00 A.M. until 9:00 P.M.

The new restaurant Noodles Pho U, will not only introduce a new variety of food cuisine (generally Vietnamese cuisine), it will also operate out of the former Ming's Restaurant location, which closed its doors in 2013. This location historically operated with an ABC Type 41 Alcohol License for the on-sale of beer and wine; however, due to the lapse of use of more than one (1) year, the allowance of the use of alcohol is subject to a new Conditional Use Permit.

LOCATION AND ACCESS:

The project site is located at 435 W. Pacheco Blvd, Assessor's Parcel Number: 027- 173-012. The project site is located within the Highway Commercial Zoning District (HC) and is surrounded by various commercial uses. The project site can be accessed from Pacheco Blvd. and Paradise Ln.
2 58
LAND USE:

Property
Project site
North
South
East
West
Land Use
Highway Commercial
Highway Commercial
Residential
Residential
Highway Commercial
H-C = Highway Commercial
ENVIRONMENTAL ASSESSMENT:

Zone
H-C
H-C
H-C
H-C
H-C
C = Commercial
General Plan
C
C
C
C
C
Pursuant to the California Environmental Quality Act {CEQA) and the City of Los Banos Environmental Quality Guidelines, it has been determined that this project is found to be categorically exempt from the provisions of CEQA - Article 19, Section 15301, Existing Facilities. The applicant's request for the on-sale of beer & wine involving the permitting and licensing of an existing private structure and involves no expansion at 435 W.

Pacheco Blvd., APN: 027-173-012.

USE PERMIT ANALYSIS
Code Requirements
Pursuant to the Los Banos Municipal Code Section 9-3.2322, a Conditional Use Permit is required for any establishment dispensing for sale or other consideration alcoholic beverages, including Beer & Wine, for on-sale or off-sale. The Planning Commission is the recommending body and the City Council is the decision-making body for Conditional Use Permits for the on-sale and off-sale of alcoholic beverages. A Conditional Use Permit may be granted if the proposed use is conforming to the following criteria:

General Use Permit Criteria:

1. That the proposed use and project is consistent with the City of Los Banos General Plan, and Los Banos Municipal Code;

2. That the proposed use or project will not be a nuisance or detrimental to the public health, safety, morals, comfort, and general welfare of the persons residing or working in the neighborhood of such proposed use;

3. That the proposed use is compatible with the adjacent uses, properties and neighborhoods and will not be detrimental or injurious to property and improvement in the neighborhood or to the general welfare of the City.

Specific On-Sale and Off-Sale Alcoholic Beverages Criteria:

1. That the proposal will not contribute to undue proliferation of such uses in an area where additional ones would be undesirable with consideration given to the area's function and character, problems of crime and loitering, and traffic problems and capacity;
3 59

2. That the proposal will not adversely affect adjacent or nearby churches, temples, or synagogues; public, parochial, or private elementary, junior high, or high schools; public parks or recreation centers; or public or parochial playgrounds;

3. That the proposal will not interfere with the movement of people along an important pedestrian street; and

4. That where the proposed use is in close proximity to residential uses, and especially to bedroom windows, the use will be limited in hours of operation, or designed operated so as to avoid the disruption of residents' sleep between the hours of 10:00 p.m. and 7:00 a.m.

Staff has evaluated the proposal pursuant to the above criteria set forth in the Municipal Code and offers the following observations:

1. The primary use will be a restaurant (dine-in).

2. The surrounding area, adjacent uses, and function are primarily commercial in nature. A restaurant for the on-sale of beer & wine in this location is consistent with the commercial uses of the Highway Commercial Zoning District.

3. Staff is unaware of any significant problems related to crime and loitering, in the surrounding area which would be exacerbated by the on-sale of beer and wine in conjunction with a restaurant at this location.

4. The approval of the on-sale of beer and wine for on-site consumption will not contribute to the undue proliferation of alcohol sales in the area where that use would be undesirable considering the characteristics of the area. Additionally, the entitlement will include conditions of approval which will regulate the operational characteristics of allowing the on-sale of beer and wine and are intended to preserve the public health, safety, or welfare of persons and property in the vicinity including crime prevention and loitering.

5. The proposed use is not located within the immediate vicinity of places of worship or schools. The project will include conditions of approval which regulate the operational characteristics of allowing the sale of beer and wine for on-site consumption and are intended to preserve the public health, safety, and welfare of persons and property in the vicinity and therefore will not have any adverse effect to the place of worship.

6. The project is located on Pacheco Blvd. which is primarily occupied by commercial uses, however there are some pre-existing non-conforming residential uses to the west and south of the project site. Conditions of approval will regulate loitering and operational characteristics to ensure that the proposal will not interfere with the movement of people along the public right-of-way.

7. There are pre-existing non-conforming residential uses located to the west and south of the project site. The nearest residential use is approximately 60 feet south of the project site. The project site is located in the Highway Commercial Zoning District and surrounded by existing commercial uses and pre-existing 4 60
non-conforming residential uses, with the incorporated conditions of approval the proposed use of alcohol sales will not directly impact existing residential uses to the west and south. A previously stated the project will include conditions of approval which regulate the operational characteristics of allowing the on-sale of beer & wine for on-site consumption and are intended to preserve the public health, safety, and welfare of persons and property in the vicinity. Therefore, the proposed use will not disrupt sleeping activities to the neighboring residences.

All sales of alcohol will be conducted within the restaurant and must be consumed on the premises. In addition, the project will be subject to conditions which will mitigate any adverse effects on the surrounding neighborhood and are intended to preserve the public health, safety, and welfare of persons and property in the vicinity. The restaurant, Noodles Pho U, will also be subject to the Los Banos Municipal Code Noise Ordinance.

Alcoholic Beverage Control
The Alcoholic Beverage Control Board (ABC) is the issuing authority for a Type 41 alcohol license. The City's authority for the sale of alcohol is through its land use powers embodied within the Los Banos Zoning Code.

ABC has the authority according to Section 23801 of the Business and Professions Code to exercise certain conditions under the license, the personal qualifications of the licensee, the conduct of the business or the condition of the premises, which will protect the public welfare and morals, including, but not limited to, the following:
a) Restrictions as to hours of sale
b) Display of signs
c) Employment of designated persons
d) Types and strengths of alcoholic beverages to be served where such types or strengths are otherwise limited by law
e) The portion of the privileges to be exercised under the license f) The personal conduct of the licensee
ABC may also refuse to issue a license to any person who has violated the Alcoholic Beverage Control Act, has a disqualifying criminal record, or is otherwise disqualified. 5 61
Census Tract
The pro·ect site is located in census tract 23.01
As of the date of this report, there are eleven (11) on-sale licenses currently active in this specific census tract. The nearest active on-sale alcohol license to the project site within census tract 23.01 is Eddie's Cafe located immediately to the east at 401 W.

Pacheco Blvd. The approval of the requested Conditional Use Permit will increase the active on-sale ABC licenses to twelve (12) if approved.

License
Type Business Name Address
41 China Garden 829 W. Pacheco Blvd.
41 Mountain Mikes 509 Pacheco Blvd.
41 Pizza Hut 419 Pacheco Blvd.
41 Sugoi Sushi 1245 E. Pacheco Blvd.
41 Black Bear Diner 955 W. Pacheco Blvd.
41 Ajua! Restaurant 1041 E. Pacheco Blvd.
47 Courtyard Mimosas 2145 W. Pacheco Blvd. Stes. A & B
41 Hot City BBQ & Bistro 1313 S. Sixth St.
41 Eddie's Cafe 401 W. Pacheco Blvd.
40 Junqle Jim's Adventure Lanes 923 W. Pacheco Blvd.
41 Taqueria El Rodeo 1313 E. Pacheco Blvd.

Type 41 license = on-sale beer & wine Type 4 7 license = on-sale general alcohol Type 40 license = on-sale beer Only
6 62
PUBLIC COMMENT:

A public hearing notice was published in the Merced Sun Star and notices were provided to adjacent property owners within a 300 foot radius of the subject property on Friday, December 23, 2022. As of the date of this staff report, no comments have been received.

Attachments:
1 . Resolution
Exhibit A - CEQA Findings
Exhibit B - Project Findings
Exhibit C - Conditions of Approval

2. Floor Plan

3. Site Photos

4. Public Hearing Notice - December 23, 2022
7 63

THIS PAGE IS INTENTIONALLY LEFT BLANK
64 RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS ADOPTING A

CATEGORICAL EXEMPTION FROM CEQA
PURSUANT TO SECTION 15301, EXISTING

FACILITIES AND APPROVING CONDITIONAL
USE PERMIT #2022-11 TO ALLOW THE USE OF A
TYPE 41 ALCOHOL LICENSE FOR THE ON-SALE

OF BEER AND WINE IN CONJUNCTION WITH AN

EATING ESTABLISHMENT, FOR NOODLES PHO
U, LOCATED AT 435 W. PACHECO BLVD.

WHEREAS, the applicant, Noodles Pho U, has requested that the City of Los Banos consider a Conditional Use Permit to allow the use of a Type 41 alcohol license for the on-sale of beer and wine in conjunction with a bona-fide public eating place to be located at 435 W. Pacheco Blvd., Assessor's Parcel Number: 027-173-012; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA) and the City of Los Banos Environmental Quality Guidelines, Conditional Use Permit #2022-11 for Noodles Pho U was determined to be categorically exempt from the provisions of CEQA per Article 19, Section 15301 Existing Facilities as the project site is an existing facility and will not be expanding their existing floor print; and WHEREAS, the Los Banos Planning Commission held a public hearing on December 14, 2022, for the purpose of considering Conditional Use Permit #2022-11 and at the completion of the public hearing, duly considered the evidence presented and recommended approval of Conditional Use Permit #2022-11 to the Los Banos City Council; and
WHEREAS, a public hearing notice was published in the Los Banos Enterprise on December 23, 2022, and notices were mailed to property owners within a 300 foot radius of the project site as required by the Los Banos Municipal Code and California Government Code Section 65091 ; and
WHEREAS, the Los Banos City Council has held a duly noticed public hearing on Wednesday, January 4, 2023, reviewed said Conditional Use Permit request and staff report, has studied the compatibility of the applicant's request with adjacent land uses and has considered this request in conformance with the Conditional Use Permit criteria established in Section 9-3.2322 of the Los Banos Municipal Code; and WHEREAS, the request/proposed use satisfies the criteria of the Los Banos Municipal Code.
1 65
BASED UPON THE EVIDENCE PRESENTED AT THE PUBLIC HEARING, the Planning Commission of the City of Los Banos hereby makes the appropriate findings set forth in Exhibit A (California Environmental Quality Act (CEQA) Findings), and Exhibit B (Findings for Approval), attached hereto and incorporated herein by this reference.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby affirm the determination that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 Existing Facilities and approves Conditional Use Permit #2022-11 to allow the on-sale of beer and wine in conjunction with a bona-fide public eating place, Type 41, located at 923 W.

Pacheco Blvd.; more specifically identified as Assessor's Parcel Number: 027-173-012, subject to the Conditions of Approval set forth in Exhibit C, attached hereto and incorporated herein by this reference.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the __ day of ____ 20_, by Council Member ___ who moved its adoption, which motion was duly seconded by Council Member ___ and the Resolution adopted by the following vote:

AYES:

NOES:

ABSENT:

APPROVED:

Paul Llanez, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
2 66

EXHIBIT A

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS FOR CONDITIONAL USE PERMIT #2022- 11 - NOODLES PHO U
Pursuant to the requirements of California Public Resources Code Section 21000 et seq. ("CEQA") and Title 14, California Code of Regulations Section 15000 et seq. (the "CEQA Guidelines"), the City as Lead Agency under CEQA adopts the following findings required by CEQA, along with the facts and evidence upon which each finding is based.

The City of Los Banos City Council hereby finds as follows:

1. Pursuant to CEQA, the CEQA Guidelines, and the City of Los Banos Environmental Quality Guidelines, Conditional Use Permit #2022-11 was evaluated and determined to be categorically exempt per Article 19, Section 15301 as the request for the on-sale of beer and wine involves the permitting and licensing of an existing private structure and involves no expansion at435 W. Pacheco Blvd., APN: 027-173-012.

2. Conditional Use Permit #2022-11 was adequately noticed on Friday, December 23, 2022, for consideration at a public meeting on Wednesday, January 4, 2023.

3. No further environmental documentation is required as the Conditional Use Permit was contemplated and adequately analyzed in the initial review.

4. Prior to considering the proposed Project, the Planning Commission considered the Categorical Exemption.
3 67

EXHIBIT B
FINDINGS FOR APPROVAL FOR CONDITIONAL USE PERMIT #2022-11 - NOODLES PHOU
The City of Los Banos City Council hereby finds as follows:

1. General Findings:
a. The project is consistent with the City of Los Banos General Plan.

The existing General Plan land use designation for the project site is Commercial, which is intended for commercial development, located off of Pacheco Blvd., allowing for commercial uses.

The following specific General Plan Goals, Objectives, and Policies are applicable to the proposed project:

ECONOMIC DEVELOPMENT GOAL ED-4:

Make Los Banos an ideal place to do business by fostering a businessfriendly climate.

LAND USE POLICY LU-P5.4:

Foster viable, pedestrian-oriented neighborhood centers and strong, visually attractive regional commercial centers with a mix of tenants to serve both local and regional retail needs.

Evidence/Analysis: Sora Park and Bobby Park d.b.a. Noodles Pho U will have the ability to provide a wider range of service for customers and allows the restaurant to compete with similar type businesses. The proposed use would continue a commercial use that is compatible with and complementary of existing commercial uses adjacent to the project site. In addition, the project would also be consistent with General Plan land use policies as set forth above.
b. The zoning designation for the project site is Highway Commercial (H-C).

The purpose of the Highway Commercial District is to provide a district for commercial uses which do not specialize in serving the pedestrian shopper but rather, because of their character, are more appropriately located along a highway or major street and where drive-in operations are more feasible.

Evidence/Analysis: The proposed use complies with the Los Banos Municipal Code Title 9, Chapter 3, Article 13 as the use will be consistent with the surrounding area, adjacent uses, and function are primarily commercial in nature. A restaurant providing for the on-sale of beer and wine is permitted in this location.
4 68

2. That the proposed use or project will not be a nuisance or detrimental to the public health, safety, morals, comfort, and general welfare of the persons residing or working in the neighborhood of such proposed use.

Evidence/Analysis: The on-sale of beer and wine will be conducted in accordance with ABC regulations; therefore, will not be a nuisance or detrimental to the neighborhood in which the store is located. The project contains conditions of approval which regulate the operational characteristics of allowing the serving of alcohol and are intended to preserve the public health, safety, or welfare of persons and property in the vicinity.

3. That the proposed use is compatible with the adjacent uses, properties, and neighborhoods and will not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City.

Evidence/Analysis: The proposed use will be conducted in the location in which commercial retail uses operate and will not result in significant operational changes to the existing commercial area. The areas function and character is Commercial, which includes uses that sell alcohol. The project would include conditions of approval which regulate the operational characteristics of allowing the serving of alcohol and are intended to preserve the public health, safety, or welfare of persons and property in the vicinity.

2. Specific Findings

1. That the proposal will not contribute to undue proliferation of such uses in an area where additional ones would be undesirable with consideration given to the area's function and character, problems of crime and loitering, and traffic problems and capacity.

Evidence/Analysis: The primary use in conjunction with the selling of beer and wine for on-site consumption is a restaurant. As reflected in the staff report, the number of on-sale licenses in the Census Tract is currently eleven (11 ). This proposal will increase the amount of active on-sale licenses to twelve (12). The census tract area and function is primarily commercial in nature, and is entirely consistent with a restaurant with the sale of beer and wine for on-site consumption.

The proposed on-sale of beer and wine is ancillary to the restaurant use that is compatible with and complementary of existing commercial uses in the area. The project would include conditions of approval which regulate the operational characteristics of allowing the selling of beer and wine for on-site consumption and are intended to preserve the public health, safety, or welfare of persons and property in the vicinity including crime prevention and loitering. Staff is unaware of any significant problems in the area related to crime and loitering, which would be negatively affected by the on-sale of beer and wine at this location. 5 69

2. That the proposal will not adversely affect adjacent or nearby churches, temples, or synagogues; public, parochial, or private elementary, junior high, or high schools; public parks or recreation centers; or public or parochial playgrounds.

Evidence/Analysis: Conditions of Approval have been incorporated into the project which regulate the operational characteristics of allowing the selling of beer and wine for on-site consumption and are intended to preserve the public health, safety, or welfare of persons and property in the vicinity. The project is not located within the immediate vicinity of a place of worship conditions of approval have been incorporated into the project approval to mitigate any potential adverse effect.

3. That the proposal will not interfere with the movement of people along an important pedestrian street.

Evidence/Analysis: Alcohol will not be allowed to be consumed beyond the premises of the restaurant at any time and it is not anticipated that persons will congregate on sidewalks or streets as a result of the proposed use. Signage will also be provided on the property and building which prohibit loitering. It is not anticipated that the on-sale of beer and wine at this location will adversely affect any important pedestrian right of ways.

4. That where the proposed use is in close proximity to residential uses, and especially to bedroom windows, the use will be limited in hours of operation, or designed operated so as to avoid the disruption of residents' sleep between the hours of 10:00 p.m. and 7:00 a.m.

Evidence/Analysis: There are residential uses approximately 60 feet to the south of the project site. The project site is surrounded by existing commercial and residential uses. However, the project will not directly impact the existing residential uses as the project will include conditions of approval which regulate the operational characteristics of allowing the sale of beer and wine for on-site consumption and are intended to preserve the public health, safety, and welfare of persons and property in the vicinity. Therefore, the proposed use will not disrupt sleeping activities to the neighboring residences.
6 70

EXHIBIT C
CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT #2022-11-

NOODLES PHO U

1. The following conditions of approval shall apply to and be applicable to the applicant, property owner, and/or operator. Reference to applicant, property owner, and/or operator shall be interpreted to include all.

2. Conditional Use Permit #2022-11 is for Sora Park and Bobby Park, d.b.a. Noodles Pho U, located at 435 W. Pacheco Blvd., Assessor's Parcel Number: 027-173-012, and the requested use shall automatically and without notice expire after one (1) year from date of approval by the Los Banos City Council unless commenced. The City for cause may revoke this Conditional Use Permit. Any expansion, intensification, or significant change to the primary use and the uses approved under this Conditional Use Permit shall be permitted only upon modification of this Conditional Use Permit or approval of a separate Conditional Use Permit application. The Conditional Use Permit shall automatically and without notice expire one year after discontinuance of the primary use and/or the uses approved under the Conditional Use Permit.

3. The applicant/operator shall comply with all other requirements, laws and policies of other governmental agencies in the conduct and operation of said business.

4. The applicant/operator shall obtain and maintain an active Type 41 on-sale of beer and wine in conjunction with a bona-fide eating place license as defined by the Department of Alcoholic Beverage Control and shall provide a copy of said license upon issuance by the Alcoholic Beverage Control to the Community and Economic Development Department prior to the sale of alcohol on the premises.

5. A copy of these Conditions of Approval and the California Department of Alcoholic Beverage Control license are required to be kept on the premises and presented to any law enforcement officer or authorized City official upon request.

6. The applicant/operator shall be responsible for maintaining the exterior of the premises free of litter and trash at all times including the parking lot areas in front of the premises. No storage of equipment, supplies, or merchandise of any kind shall be allowed in the front or rear exterior of the building. All deliveries shall be made from the rear of the building.

7. The Planning Commission reserves the right to review and/or revoke this permit should the applicant not adhere to the Conditions of Approval. The City may amend or impose new conditions to mitigate adverse effects in the neighborhood resulting from the use of alcohol on the premises.
7 71

8. The applicant/operator agrees to indemnify, hold harmless, and defend the City of Los Banos, its officers, agents and employees from any and all liability or claims that may be brought against the City of Los Banos arising out of its approval of this permit, or the environmental determination rendered in connection with the permit approval, or arising out of the operation of the use or uses allowed under the permit, save and except that caused solely by the City's active negligence.

9. The exterior of the premises, including parking lot area, shall be sufficiently illuminated, to the satisfaction of the Police Chief, during all hours of darkness when the premises are open for business in a manner so that persons accessing those areas at night are identifiable by law enforcement personnel.

10. The premises shall be operated primarily as a restaurant as described in the application prepared by the applicant and filed with the Community and Economic Development Department. Any substantial or significant changes in use or operation of the premises from the Operational Statement may cause a review, amendment or revocation of the Conditional Use Permit. The applicant shall notify the Community and Economic Development Department of any substantial or significant changes in use or operation of the premises from the Operational Statement. 11 . The use of the premises of the subject site shall be consistent with the Conditions of Approval and shall not be operated in a manner that deviates from the approved Conditional Use Permit filed application and operational statement, which shall constitute a violation and may result in the revocation or modification of the permit upon written notice to the owner of the subject site.

12. Authorization of a Conditional Use Permit granted pursuant to the provisions of Section 9-3.2322 of the Los Banos Municipal Code continue to be valid upon change of ownership of the site or structure which was the subject of the Conditional Use Permit application provided the use shall be subject to all provisions of the Municipal Code and all conditions placed on approval of the Conditional Use Permit are continually met. The applicant shall immediately notify the Community and Economic Development Department of any changes in ownership.

13. This Conditional Use Permit shall be subject to revocation by the Community and Economic Development Director or the Planning Commission upon a finding that:
a. Conditions of approval have not been fulfilled;
b. A significant change or intensification of the approved use; c. The use has resulted in a nuisance or detriment to the public health, safety, morals, comfort, and general welfare of the persons residing or working in the neighborhood or is detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City.
8 72

14. Consumption of alcohol shall only be allowed on the premises of the restaurant.

Outdoor patio consumption of alcohol shall only be permitted with a barrier between the public right -of-way and restaurant patrons to be approved by the Community and Economic Development Director.

15. No loud amplification of music or voice shall be allowed outside.

16. The applicant/operator shall have monitoring cameras in the exterior and interior of the restaurant at all times to the satisfaction and approval of the Police Chief. The applicant shall always maintain the surveillance equipment in working order and keep the video recordings for 30 days to be made available to law enforcement upon request.

17. The premises shall be operated in accordance with the Los Banos Municipal Code Noise Ordinance.

18. The applicant shall acknowledge and execute receipt of a copy of the foregoing Conditions of Approval.

19. The applicant/operator shall provide signs prohibiting loitering on the property and/or building subject to the approval of the Community and Economic Development Director.

20. This approval is conditioned upon and shall be effective upon payment in full of all outstanding invoices pursuant to the Cost Recovery Contract. 9 73

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LOsBanos
At the toi ·,o,uls, / < i II a

COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT
Date: December 23, 2022
Regarding: Notice of Public Hearing
Proposal: Conditional Use Permit #2022-11 - Noodles Pho U Type 41 Alcohol License
NOTICE IS HEREBY GIVEN THAT a Public Hearing will be held by the Los Banos City Council to consider a Categorical Exemption from the California Environmental Quality Act (CEQA) and Conditional Use Permit #2022-11 to allow the use of Type 41 Alcohol License for the on-sale of beer & wine in conjunction with a bona-fide eating establishment. The requested Conditional Use Permit is for Noodles Pho U located within the Highway Commercial Zoning District at 435 W. Pacheco Blvd., more specifically identified as Assessor's Parcel Number: 027-173-012.

The Los Banos Planning Commission held a public hearing on Wednesday, December 14, 2022, for the purpose of considering the above mentioned project. At the completion of the public comment, the Planning Commission recommended approval of Conditional Use Permit #2022-11 to the Los Banos City Council.

A PUBLIC HEARING on this matter will be held at the next scheduled meeting of the Los Banos City Council meeting on Wednesday, January 4, 2023, at 6:00 p.m. in the Council Chambers of Los Banos City Hall located at 520 J Street. Questions regarding the above-referenced item may be directed to Stacy Souza Elms, Community & Economic Development Director, at City Hall or at {209) 827-2433.

All persons are invited to be present at the public hearing. Written and oral testimony is invited. Notice is hereby further given that if you challenge the above described Project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this Notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing.

Additional information may be obtained from 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

THE CITY OF LOS BANOS
JlWJ~f&~
Community & Economic Development Director
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80 TO:

FROM:

DATE:

LOsBanos
At tlif Cross1oads 01 cal(for nia
Agenda Staff Report
Mayor and Council Members
Brent Kuhn, Interim Finance Director
January 4, 2023
SUBJECT: Development Impact Fee Report for Fiscal Years 2018-2022 (AB1600 Report)
TYPE OF REPORT: Public Hearing
Recommendation:

Staff recommends that the City accept the Development Impact Fee Report (AB1600 Report) for Fiscal Years 2018 through 2022.

Background:

This report contains information regarding the City of Los Banos development impact fees for Fiscal Years 2018 through 2022. This information is presented to comply with the reporting requirements contained in Government Code section 66000 et seq., also known as AB1600. Please note that this annual report is not a budget document, but rather is compiled to meet reporting requirements only. It is not intended to represent a full picture of currently planned projects as it only reports revenues and expenditures for the fiscal years referenced above.

Government Code Section 66006 requires local agencies to submit annual and five-year reports detailing the status of development impact fees. This is the administrative report for development fees for the fiscal year ending June 30, 2018 through 2022. This report includes the development related fees, the interest earned, and the amounts expended in connection with those fees for the City of Los Banos and complies with Section 66006 of the California Government Code.

Discussion:

The fees collected from developers that are in the governmental funds (traffic, storm drain, fire, police, public facilities, community center and park) are collected and reported in separate governmental funds for each type of impact fee. 81 The enterprise funds for Water & Wastewater show the fees collected from developers in a designated account named "restricted cash DIF (Developer Impact Fee)". It is separate from regular cash and can only be used for capital items related to development.

The City does not earmark development impact fees for any specific project as the fees are collected, but rather the fees are applied toward a series of capital improvement projects. Such projects include but are not limited to:

1. Future Police and Fire facilities

2. Water, Wastewater, and Storm Drain improvements

3. Park and Public facilities

4. Community Center construction and improvements

5. Traffic related projects

6. Other capital facilities
The water, wastewater, storm drain, and traffic funds are established under separate master plans to determine the rate charged to the developers. In fiscal year 2019-2020 a development impact fee justification study dated December 31, 2019 was conducted by David Taussig & Associates Inc. which provided a basis for updating the City's development impact fees. Council adopted the revised impact fees on January 15, 2020 and they became effective April 5, 2020. As future development occurs, the updated development impact fees will be due per the justification study dated December 31, 2019.

Fiscal Impact:

This report is informational only and has no fiscal impact. The report includes findings related to the funds held in excess of 5 years and reports revenues, expenditures, and fund balances for fiscal years 2018-2022 for the impact fee funds.

Reviewed by:

Attachments:

Public Hearing Notice
Development Impact Fee Report and Letter of Transmittal Resolution 4 786
Resolution 5119
Resolution 6163
Ordinance 1178
82 12/8/22, 8:10 AM Adportal Self Service Advertising Confirmation THANK YOU for your legal submission!
Your legal has been submitted for publication. Below is a confirmation of your legal placement. You will also receive an email confirmation.

Order Number:

IPL0101387
Order Status:

Submitted
Classification:

ORDER DETAILS
Legals & Public Notices
Package:

MER - Legal Ads lx
Final Cost:

39.39 Payment Type:

Account Billed
User ID:

IPL0023386

ACCOUNT INFORMATION
CI1Y OF LOS BANOS - CI1Y HALL - FINANCE IP
520 J STREET
LOS BANOS, CA 93635
209-827-7000
, [email protected]
i Cl1Y OF LOS BANOS - CITY HALL - FINANCE

TRANSACTION REPORT
Date
December 8, 2022 11:09:53 AM EST
Amount:

39.39 SCHEDULE FOR AD NUMBER IPL01013870
December 16, 2022
Merced Sun-Star
PREVIEW FOR AD NUMBER IPL01013870
Public Notice
Notice is hereby given that the City
Council of the City Los Banos will hold
a Public Hearing for the AB1600 De-
, velopment Impact Fee Report for Fis-
, cal Year 2021-2022 as follows:

Date: January 4, 2023
Time: 6:00 p.m.

Place: Council Chambers
City Hall
520 °J" Street
Los Banos, CA 93635
· Questions regarding the above referenced item may be directed to the Fi- : nance Department at City Hall or (209)
827-7000.
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Publication Dates
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84 LOsBanos
Al I Cro,·s · ,a,ls oj , 1,0 nia

DEVELOPMENT IMPACT FEE

ANNUAL REPORT
FISCAL YEARS 2018-2022
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86 Table of Contents
City Council and Elected Officials
Letter of Transmittal ···································································································· 2 ··········································"•""·····"···"······"······················"····· 3

INTRODUCTION
Legal Requirement for Development Impact Fee Reporting
Description and Purpose of Development Impact Fees
··········••,o···················· ···················· ..······ 5 ································································ 5

FINANCIAL SUMMARY REPORT
Statement of Revenues, Expenditures and Changes in Fund Balance Fire Facilities Development Impact Fee Fund
Police Facilities Impact Fee Fund
Parks & Recreation Facilities Development Impact Fee Fund Water Facilities Development Impact Fee Fund
Sewer Facilities Development Impact Fee Fund .

Storm Drain Facilities Development Impact Fee Fund
Traffic Facilities Development Impact Fee Fund
General Government Facilities Development Impact Fee Fund Administration 3% Fee Fund
····················································· 9 ·······································••,o·•······ 9
········································· ·········· 10 ··················· ..................................... 11 .............................. ....................... 12 . ...................................................... 13 ..................................................... 14 ...................................................... 15 ........................................................... 16 ·································· ··············17

DEVELOPER IMPACT FEE SCHEDULE

PRIOR FEES SCHEDULE
·······················--···················································· 18 ............................................................................ 18 NOTES TO THE DEVELOPMENT IMPACT FEE REPORT ······················· ............................ 19 DEVELOPMENT IMPACT FEE PROJECTS IDENTIFICATION ···················································· 19 1 87
LOsBanos
At I, Crossn,acls <~f C!d~/< t a
City Council and Elected Officials as of December 7, 2022 Paul Lianez.

Kenneth Lambert
Deborah Lewis
Doug Begonia
Brett Jones
Vacant
Executive Team
Greg Wellman
Brent Kuhn
Lucy Mallonee
Nirorn Than
Stacy Souza Elms
Paul Tualla
Gary Brizzee
William Vaughn
................ ......... .................. .. ... .. ... .................. ........ .. ... .. ................ Mayor . .......................................................................................... Mayor Pro-T em ....................................................................... ................... Council Member ...... ........ ...... ................ ... ........ ...... ......... ............................ Council Member ................. ................................... .. ........ .... ......................... Council Member .. .. ...... .. .... ... ... ... .......... .................. .. ...... ... ........ ..................... City Treasurer ........... .... ......... ... .. ..... ........... ................... ........ ........... . Interim City Manager .... ... ..................................... ................. .. .. .... .. .. ....... Interim Finance Director ................ .. ........ ............................. ........ ............. Human Resources Director ................................... ........ .......... ......... ..................... Public Works Director ...................................... ............ Community & Economic Development Director ...... ....... ............ ......... ... ......................... ..................................... Fire Chief .... ...... .... ... .................... .. ..... .. .. .......... ... .. ........ ......................... Police Chief .. ..... .. ....... .. ....... .. ....... ... ....... ... ..... .......................... .... ........ .. ... City Attorney 2 88
LOsBanos
At tlte Crossroad~ 01 CtdU,,,

LETTER OF TRANSMITTAL
January 4, 2023
Dear Mayor and Members of the City Council:

California Government Code requires reporting of the usage of Development Impact Fees. Therefore, in accordance with the provisions of the State of California and Government Code Section 66000 et seq., I hereby submit the Annual AB 1600 Development Impact Fee Report for the City of Los Banos, CA for the fiscal years ended June 30, 2018 through June 30, 2022.

Development Impact Fees are a monetary exaction other than a tax or special assessment, which is charged by a local government agency to an applicant in connection with approval of a development project. The purpose of these fees is to defray all or a portion of the cost of public facilities related to the development project. The legal requirements for implementing a development impact fee program are set forth in Government Code Section 66000 et seq., the majority of which was adopted as Assembly Bill (AB) 1600 and is commonly referred to as AB 1600 requirements.

The Development Impact Fee program has been in effect in the City of Los Banos since 2000 set forth by Ordinance 954.

A comprehensive impact fee nexus study was completed and prepared on June 28, 2006 by Goodwin Consulting Group and complies with California Government Code Section 66000 et seq. This study established the basis for the imposition of the fees on new development impact. The study did the following:
1 . Identified the purpose of the fees.

2. Identified the use to which the fees will be put.

3. Showed a reasonable relationship between the use of the fees and the type of development project on which the fees are imposed.

4. Demonstrated a reasonable relationship between the need for the public facilities and the type of development projects on which the fees are imposed.

5. Demonstrated a reasonable relationship between the amount of the fees and the cost of the public facilities or portion of the public facilities attributable to the development on which the fees are imposed.

The development impact fees were updated in the Development Impact Fee Justification Study Dated December 31, 2019 completed by David Taussig & Associates, Inc. The updated impact fees became effective April 5, 2020.

The fees are collected at the time a building permit is issued unless a developer through a development agreement, is allowed to defer payment until a certificate of occupancy is granted. The purpose of the fees is to mitigate the impact caused by new development on public facilities. They are then used to finance the acquisition, construction, and improvement of 3 89
public facilities needed as result of the impact of the new development. Separate funds have been created to account for the impact fees.

State law requires the City to prepare and make available to the public an annual report for each fund established to account for the Development Impact Fees. This report must include the beginning and ending balances as well as any changes.

The report must also include the amount of fees collected, interest earned, and expenditures made during the fiscal year.

The City Council must review the annual AB1600 Report at a regularly scheduled public meeting. This report was filed with the City Clerk's office and available for public review on January 4, 2023.

Respectfully Submitted,
Kim Tomas
Finance Manager
Brent Kuhn
Interim Finance Director
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LOsBanos
At , ,. Crossroads, La ~·,n1ia

INTRODUCTION

LEGAL REQUIREMENTS FOR DEVELOPMENT IMPACT FEE REPORTING A. California Government Code Section 66006 (b)
Government Code Section 66006 (b) defines the specific reporting requirements for local agencies that impose AB 1600 Developer Impact Fee {DIF) on new development. Annually, for each separate fund established for the collection and expenditure of DIFs, the local agency shall, within 180 days after the last day of each fiscal year, make available to the public the information shown below for the most recent fiscal year. • A brief description of the fee;
• The amount of the fee;
• The beginning and ending balance of the account or fund; • The amount of the fees collected and the interest earned; • An identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees;
• An identification of an approximate date by which the construction of the public improvement will commence, if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement;
• A description of each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid, and the rate of interest that the account or fund will receive on the loan; and • The amount of refunds made due to insufficient funds being collected to complete financing on incomplete public improvements, and the amount of reallocation of funds made due to administrative costs of refunding unexpended revenues exceeding the amount to be refunded.

B. California Government Code Section 66001 (d)
For all funds established for the collection and expenditure of DIFs, Government Code Section 66001 {d) has additional requirements. For the fifth fiscal year following the first deposit into the fund and every five years thereafter, the local agency shall make all of the following findings with respect to that portion of the fund remaining unexpended, whether committed or uncommitted:
• Identify the purpose to which the fee is to be put;
• Demonstrate a reasonable relationship between the fee and purpose for which it is charged; • Identify all sources and amounts of funding anticipated to complete financing in incomplete improvements; and • Designate the approximate dates on which the funding is expected to be deposited into the appropriate account or fund.
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C. Additional Notes
The State of California Government Code Section 66002 states that local agencies that have developed a fee program may adopt a Capital Improvement Plan (CIP) indicating the approximate location, size and timing of projects, plus an estimate for the cost of all facilities or improvements to be financed by fees. A formal CIP is recommended, at a minimum, as a five-year plan. The City biennially produces a five-year CIP, which helps to maintain and support the City's General Plan. The CIP also includes a 5-year projection of development fee revenue and expenditures. Further, it identifies situations where infrastructure is needed to accommodate the planned development.

The City does not earmark development impact fees for any specific project as the fees are collected, but rather the fees are applied toward a series of capital improvement projects, such as a future police and fire facilities, sewer, water, and storm drain improvements, park and public facilities, community center construction and improvement, traffic related projects, and other capital facilities.

The City's current, adopted 2022-26 Capital Improvement Program can be found on the City's website D. Establishing a Reasonable Relationship Between the Fee and the Purpose for Which It Is Charged The reasonable relationship between the development impact fee (DIF) and the purpose for which it is charged for the years preceding April 5, 2020 is demonstrated in the Development Cost and Fee Study done by Goodwin Consulting dated June 28, 2006. The City enacted an additional fee schedule in order to complete improvements for Water, Wastewater, Public Facilities, and Traffic by approving ordinance No.954 dated February 2, 2000.

On January 15, 2020, the City Council adopted an updated DIF, after consideration of the requisite AB 1600 nexus study dated December 31, 2019. The updated DIFs became effective on April 5, 2020 and are applied to new or expanded commercial development, new residential development, and upon uses which intensify the use of existing commercial or residential structures. A new General Government Facilities fee was established in the justification study which incorporated the City Hall, Corporation Yard, Community Center and Public Facilities Impact fees and was established in Ordinance 1178.

The DIF's nexus study sets forth the relationship between contemplated future development, facilities needed to serve future development and the estimated costs for those improvements based on the current General Plan.

Comprehensive updates to the fees are completed on an as-needed basis to ensure the amount continues to reflect the appropriate fee in relation to updated costs.

E. Funding of Infrastructure
In the FY 2022 adopted budget, 5-year Capital Budget section identifies all funding sources and amounts for individual projects through FY 2026. The CIP is updated biennially to reflect the current infrastructure needs of the City. As a CIP project is identified, the project is evaluated to determine the portion of the project that will service existing residents and businesses versus new development.

Once the determination of use is made, the percentage of use attributable to new development is then funded by the appropriate development fee based on the type of project. The percentage of use associated with existing residents or businesses is funded from other appropriate sources as outlined in the CIP. Estimated construction start dates for projects are adjusted, as needed, to reflect the needs of the community.

DESCRIPTION AND PURPOSE OF DEVELOPMENT IMPACT FEES (DIF) The City collects DIFs to offset and address the impacts of new development on facilities and infrastructure. Currently, there are nine (9) DIF categories: Fire Facilities, Police Facilities, Park Facilities, Water Facilities, Sewer Facilities, Storm Drainage Facilities, Traffic Facilities, General Government Facilities and 3% Administration Fee. While each fee category has its own methodology for determining fees, two main principles apply throughout. The City aims to maintain the existing level of service as the City continues to grow and new development should pay its fair share of the City's infrastructure needs. 6 92
DESCRIPTION AND PURPOSE OF DEVELOPMENT IMPACT FEES (DIF) Continued Fire Facilities DIF - To provide for the expansion, design and construction of Fire facilities as set forth in the nexus study.

The purpose of the fire facilities impact fee is to fund the fire facilities needed to serve new development based on planned facilities referenced in the 2019 development impact fee update and nexus study. This fee will provide funding for the construction and improvement of the fire protection facilities within the City, including any required acquisition of land to serve the needs of new development. Fee study shows equipment as well as facilities.

Police Facilities DIF - To provide for the expansion, design and construction of Police facilities as set forth in the nexus study. The purpose of the police facilities impact fee is to fund the police facilities needed to serve new development. based on planned facilities referenced in the 2019 development impact fee update and nexus study. This fee will provide funding for construction and improvement of the City's law enforcement facilities, including a new police sub-station, a new comprehensive radio system, and acquisition of additional new police vehicles and equipment in order to meet the needs of new development.

Park and Recreation Facilities DIF - To provide for the development of parks to add to the system of park and recreation facilities as specified in the nexus study. The purpose of the Parks and Recreation impact fee is to generate revenue to fund the park and special use facilities necessary to mitigate the impacts of new residential developments on the residents and businesses in the City of Los Banos. Residents of Los Banos use park and special use facilities. The fees advance a legitimate City interest by enabling the City to provide park and recreation facilities to new development based on planned facilities referenced in the 2019 development impact fee update and nexus study. This fee will provide funding for construction and improvement of parks and recreational facilities within the City, including any required acquisition of land to meet the demands generated by the new development.

Water Facilities DIF - To provide design and construction of key elements of the Citywide Water System including but not limited to the expansion of production, storage, transmission, treatment and distribution facilities. The purpose of the fees is to ensure that new development funds its fair share of the these costs on future water supplied Citywide, based on planned facilities referenced in the 2019 development impact fee update and nexus study. This fee will provide funding for the construction and implementation of improvements to key elements of the citywide water system sufficient to accommodate future water supply (plus a reserve for storage facilities or additional wells) demand generated by new development.

Sewer Facilities DIF - To provide design and construction of key elements of the Citywide Wastewater System including but not limited to the expansion of collection and treatment capacities and the expansion of non-potable water facilities. The purpose of the fees is to ensure that new development funds its fair share of the these costs on future waste water treatment Citywide, based on planned facilities referenced in the 2019 development impact fee update and nexus study.

Storm Water Drainage Facilities DIF - To provide design and construction of key elements of the Citywide Storm Water System including but not limited to the expansion of production, storage, transmission, treatment and distribution facilities.

The purpose of the fees is to ensure that new development funds its fair share of these costs on future water supplied Citywide, based on planned facilities referenced in the 2019 development impact fee update and nexus study. This fee will provide funding for the construction and implementation of improvements to key elements of the citywide stormwater system sufficient to accommodate future sewer demand generated by new development.

Traffic Facilities DIF - To provide for transportation facilities to accommodate the increase in traffic generated by new development as specified in the nexus study. The purpose of this fee is to ensure that new development funds its fair share of transportation facilities, including roadway segments and intersection improvements. The need for street improvements is based on the trip demand placed on the system by new development, based on planned facilities referenced in the 2019 development impact fee update and nexus study. This fee will provide funding for the construction, management, and implementation of improvements to key elements of the citywide transportation system sufficient to accommodate future traffic demands generated by new development.
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DESCRIPTION AND PURPOSE OF DEVELOPMENT IMPACT FEES (DIFJ Continued General Governmental Facilities DIF - The purpose of this fee is to ensure new development as reference in the nexus study will provide funding for capital costs relating to facilities used by the City to provide general governmental services, based on planned facilities referenced in the 2019 development impact fee update and nexus study. This fee will provide funding for capital costs relating to facilities used by the City to provide general governmental services. The Community Center Impact Fee was eliminated and the activity was transferred to the General Government Impact Fund. Prior Years Fund Balance will provide funding for construction, improvement and maintenance of a community center within the City, including any required acquisition of land to meet the demands generated by the new development.

The Corporate Yard Impact Fee fee was eliminated and the activity was transferred to the General Government Impact Fund. Prior years Fund Balance will provide funding for corporate yard facilities within the City in order to meet the demands generated by new development. The City Hall Impact Fee was eliminated and the activity was transferred to the General Government Impact Fund. Prior years Fund Balance will provide funding for capital costs relating to municipal services performed in the existing City Hall in order to meet the demands generated by the new development. The Public Facilities Impact Fee was eliminated and the activity was transferred to the General Government Impact Fund. Prior years Fund Balance will provide funding for the expansion of public facilities that house City staff generated by new development. 3% Administration - This fee will provide funding for municipal services relating to the administration of the impact fee programs and the administrative demands generated by new development, based on planned facilities referenced in the 2019 development impact fee update and nexus study.

FINANCIAL SUMMARY REPORT
Development Impact Fees
Statement of Revenues, Expenditures and Changes in Fund Balance For the Year Ended June 30, 2022
Storm
Police Park & Rec Drainage Traffic General Govi
Descrietion Fire Facilities Facilities Facilities Water Facilities Sewer Facilities Facilities Facilities Facilities Administration

REVENUES
Fees $ 351 ,896 $ 908,939 $ 865,656 $ 1,336,854 $ 1,827,245 $ 201 ,086 $ 1,245,281 $ 507,807 $ 160,458 Interest (6,233) (1,251) (18,758) 14,651 12,590 (1 ,287) (33,219) (12,016) (2,282) Other 4,727 64,232 40206
Total Revenue& 345,663 912,415 911 ,130 1,351,505 1,839,835 199,799 1,252,268 495,791 158 176

EXPENDITURES
Expenditures 3,002,124 77 716 17,636 47 643 194,021 121,087 Total Expenditure& 3,002,124 77,716 17,636 47 643 194 021 121.087

REVENUES OVER
(UNDER)
EXPENDITURES 345,663 (2,089,709) 833,414 1,351,505 1,822,199 199,799 1,204,625 301 ,770 37,089 Fund Balance,
Beginning of Year 1,484,903 3,021 ,679 4,688,025 11,310,273 10,049,108 164,275 8,634,002 3,268,441 648,674 Fund Balance,
End of Year 1 830.566 ~ 931 ,970 $ 5,521 439 12 661 778 s 11 ,871,307 $ 364,074 $ 9 838,627 $ 3.570~ 11 s 685,763 8 94
FINANCIAL SUMMARY REPORT, Continued
Fire Facilities Impact Fee Fund
Statement of Revenues, Expenditures and Changes in Fund Balance Last Five Fiscal Years
Descrietion FY 2017/18 FY 2018/19 FY 2019/20

REVENUES
Fees $ 283,032 $ 205,044 $ 221,686
Interest 8,112 29,390 26,654
Other
Total Revenues 291,144 234,434 248,340

EXPENDITURES
Expenditures 9,448 10,000
Total Expenditures 9,448 10,000
REVENUES OVER (UNDER) EXPENDITURES 281,696 224,434 248,340 Fund Balance, Beginning of Year 923,806 1,205,502 1,429,936 Fund Balance, End of Year $ 1,205,502 $ 1.429,936 $ 1,678,276 Five Year Revenue Test Using First In First Out Method
Revenue Available:

Current Fiscal Year
Current Fiscal Year (old fees) 291,144 234,434
Prior Fiscal Year (2-yr old funds)(old fees) 291,144
Prior Fiscal Year (3-yr old funds)(old fees)
Prior Fiscal Year (4-yr old funds)(old fees)
Prior Fiscal Year (5-yr old funds)(old fees)
In Excess of 5 Prior Fiscal Years(old fees) 914,358 904,358 Total Revenues Available $ 1,205,502 $ 1,429,936
The five year findings test met as required by Gov Code 66001 (d) Notes:
248,340
234,434
291,144
904,358
$ 1,678,276
FY 2020/21 FY 2021/22
$ 454,623 $ 351,896
1,443 (6,233)
456,066 345,663
649,439
649,439
(193,373) 345,663
1,678.276 1,484,903
$ 1.484,903 $ 1,830,566
114,017 345,663
342,050
248,340 456,066
234,434 248,340
291,144 234,434
291,144
254,919 254,919
$ 1,484,903 $ 1,830,566
In using the revenue and expenditures reports to report fees that have been held past the fifth year of the first deposit, the total expenditures and transfers out over the five-year period must add together. The computed total must be subtracted from the earliest fund balance plus any transfers in for that year. The Fire Facilities Impact Fee Fund reports money being held past the fifth year of first deposit.

The City intends to use these funds to assist in the construction of Fire House# 3 including a regional training facility and EOC as identified in the 2019 Nexus report. The City has secured $5M in direct financing from the State of California and is in the process of securing additional financing from the State in order to construct the $9.5 M facility. The City has identified the piece of City owned land where the project will be built however the project is currently in the early stages of development and the funds are not expected to be deposited into this fund until the remaining $3.5 M is secured from the State. 9 95
FINANCIAL SUMMARY REPORT, Continued
Police Facilities Impact Fee Fund
Statement of Revenues, Expenditures and Changes in Fund Balance Last Five Fiscal Years
Descrietion FY 2017/18 FY 2018/19 FY 2019/20

REVENUES
Fees $ 746,036 $ 574,085 $ 617,943
Interest 18,971 69,636 56,516
Other 2,574
Total Revenues 767,581 643,721 674,459

EXPENDITURES
Expenditures 4,028 174,243 1,464,086
Total Expenditures 4,028 174,243 1,464,086
REVENUES OVER (UNDER) EXPENDITURES 763,553 469,478 (789,627) Fund Balance, Beginning of Year 2,121,520 2,885,073 3,354,551 Fund Balance, End of Year $ 2,885,073 $ 3,354,551 s 2,564,924 Five Year Revenue Test Using First In First Out Method
Revenue Available:

Current Fiscal Year
Current Fiscal Year (old fees) 767,581 643,721
Prior Fiscal Year (2-yr old funds)(old fees) 767,581
Prior Fiscal Year (3-yr old funds)(old fees)
Prior Fiscal Year (4-yr old funds)(old fees)
Prior Fiscal Year (5-yr old funds)(old fees)
In Excess of 5 Prior Fiscal Years(old fees) 2,117.492 1,943,249 Total Revenues Available i 2,885,073 $ 3,354,551
The five year findings test met as required by Gov Code 66001(d) Notes:
674,459
643,721
767,581
479,163
$ 2,564,924
FY 2020/21 FY 2021/22
$ 1,224,396 $ 908,939
2,783 (1,251)
2,574 4,727
1,229,753 912,415
772,998 3,000,000
772,998 3,000,000
456,755 (2,087,585)
2,564,924 3,021,679
$ 3,021 ,679 $ 934,094
307,438 912,415
922,315
674,459 21,679
643,721
473,746
$ 3,021 ,679 $ 934,094
In using the revenue and expenditures reports to report fees that have been held past the fifth year of the first deposit, the total expenditures and transfers out over the five-year period must add together. The computed total must be subtracted from the earliest fund balance plus any transfers in for that year. The Police Facilities Impact Fee Fund does not report money being held past the fifth year of first deposit.
10 96
FINANCIAL SUMMARY REPORT, Continued
Parks & Recreation Facilities Impact Fee Fund
Statement of Revenues, Expenditures and Changes in Fund Balance Last Five Fiscal Years
Descri~tion FY 2017/18 FY 2018/19 FY 2019/20

REVENUES
Fees $ 746,036 $ 574,085 $ 617,943
Interest 18,971 69,636 56,516
Other 2,574
Total Revenues 767,581 643,721 674,459

EXPENDITURES
Expenditures 4,028 174,243 1,464,086
Total Expenditures 4,028 174,243 1,464,086
REVENUES OVER (UNDER) EXPENDITURES 763,553 469,478 (789,627) Fund Balance, Beginning of Vear 2,121,520 2,885,073 3,354,551 Fund Balance, End of Year $ 2,885,073 $ 3.354,551 $ 2,564,924 Five Year Revenue Test Using First In First Out Method
Revenue Available:

Current Fiscal Vear
Current Fiscal Vear (old fees) 767,581 643,721 674,459
Prior Fiscal Year (2-yr old funds)(old fees) 767,581 643,721 Prior Fiscal Year (3-yr old funds)(old fees) 767,581
Prior Fiscal Vear (4-yr old funds)(old fees)
Prior Fiscal Vear (5-yr old funds)(old fees)
In Excess of 5 Prior Fiscal Years(old fees) 2,117,492 1,943,249 479,163 Total Revenues Available $ 2,885,073 $ 3,354.551 $ 2,564,924 The five year findings test met as required by Gov Code 66001(d) Notes:

FY 2020/21 FY 2021/22
$ 1,224,396 $ 908,939
2,783 (1,251)
2,574 4,727
1,229,753 912,415
772,998 3,002,124
772,998 3,002,124
456,755 (2,089,709)
2,564,924 3,021,679
$ 3,021 ,679 $ 931 ,970
307,438 912,415
922,315
674,459 19,555
643,721
473,746
$ 3,021 .679 $ 931 ,970
In using the revenue and expenditures reports to report fees that have been held past the fifth year of the first deposit, the total expenditures and transfers out over the five-year period must add together. The computed total must be subtracted from the earliest fund balance plus any transfers in for that year. The Parks & Recreation Facilities Impact Fee Fund does not report money being held past the fifth year of first deposit.
11 97
FINANCIAL SUMMARY REPORT, Continued
Water Facilities Impact Fee Fund
Statement of Revenues, Expenditures and Changes in Fund Balance Last Five Fiscal Years
Descrietion FY 2017/18 FY 2018/19 FY2019/20

REVENUES
Fees $ 954,714 $ 726,902 $ 1,314,128
Interest 41,331 131,702 134,033
Other
Total Revenues 996,045 858,604 1,448,161

EXPENDITURES
Expenditures
Total Expenditures
REVENUES OVER (UNDER) EXPENDITURES 996,045 858,604 1,448.161 Fund Balance, Beginning of Year 6,234,849 7,230,894 8,089,498 Fund Balance, End of Year $ 7,230,894 $ 8,089,498 $ 9,537,659 Five Year Revenue Test Using First In First Out Method
Revenue Available:

Current Fiscal Year
Current Fiscal Year (old fees) 996,045 858,604
Prior Fiscal Year (2-yr old funds)(old fees) 996,045
Prior Fiscal Year (3-yr old funds)(old fees)
Prior Fiscal Year (4-yr old funds)(old fees)
Prior Fiscal Year (5-yr old funds)(old fees)
In Excess of 5 Prior Fiscal Years(old fees) 6,234,849 6,234,849 Total Revenues Available $ 7,230,894 $ 8,089,498
The five year findings test met as required by Gov Code 66001 (d) Notes:
1,448,161
858,604
996,045
6,234,849
$ 9,537,659
FY 2020/21 FY2021/22
$ 1,729,108 $ 1,336,854
43,506 14,651
1,772,614 1,351,505

1.772,614 1,351,505
9,537,659 11,310,273
$11 ,310.273 $ 12,661 ,778
443,154 1,351,505
1,329,461
1,448,161 1,772,614
858,604 1,448,161
996,045 858,604
996,045
6,234,849 6,234,849
$11 ,310,273 $ 12.661 .778
In using the revenue and expenditures reports to report fees that have been held past the fifth year of the first deposit, the total expenditures and transfers out over the five-year period must add together. The computed total must be subtracted from the earliest fund balance plus any transfers in for that year. The Water Facilities Impact Fee Fund reports money being held past the fifth year of first deposit. The City intends to address capacity and treatment as identified in the 2019 Nexus Report.

Some examples of these projects are as follows:
• Well 16 - new groundwater well and Storage tank - $4.4M - Design 2022-2023, construction 2024. • Chromium 6 - well head treatment - reduction coagulation treatment - pilot study 2023, design criteria 2023, construction (TBD pending funding and state regulation) $40M - $90M.

The City intends to utilize all the Impact Fees for this purpose and is in the process of reviewing user rates and exploring debt financing in order to fund the $315M of potential costs associated with future capacity and treatment. The City is working with the State of California and the State Water Resource Control Board to identify the timing of the funding. Once funding is secured the money will be deposited in the Water Enterprise Fund. (This fund accounts for the Impact Fee as restricted cash). 12 98
FINANCIAL SUMMARY REPORT, Continued
Sewer Facilities Impact Fee Fund
Statement of Revenues, Expenditures and Changes in Fund Balance Last Five Fiscal Years
Description FY 2017/18 FY 2018/19 FY 2019/20

REVENUES
Fees $ 1,626,406 $ 1,249,310 $ 1,495,556
Interest 39,898 105,015 98,869
Other
Total Revenues 1,666,304 1,354,325 1,594,425

EXPENDITURES
Expenditures 1,718,341 1,618,192
Total Expenditures 1,718,341 1,618,192
REVENUES OVER (UNDER) EXPENDITURES (52,037) (263,867) 1,594,425 Fund Balance, Beginning of Year 6,078,791 6,026,754 5,762,887 Fund Balance, End of Year $ 6,026,754 $ 5,762,887 $ 7,357,312 Five Year Revenue Test Using First In First Out Method
Revenue Available:

Current Fiscal Year
Current Fiscal Year (old fees) 1,666,304 1,354,325 1,594,425 Prior Fiscal Year (2-yr old funds)(old fees) 1,666,304 1,354,325 Prior Fiscal Year (3-yr old funds)(old fees) 1,666,304
Prior Fiscal Year (4-yr old funds)(old fees)
Prior Fiscal Year (5-yr old funds)(old fees)
In Excess of 5 Prior Fiscal Years(old fees) 4,360,450 2,742,258 2,742,258 Total Revenues Available $ 6,026,754 $ 5,762.887 $ 7,357,312 The five-year findings test met as required by Gov Code 66001 (d) Notes:

FY 2020/21 FY 2021/22
$ 2,659,219 $ 1,827,245
32,577 12,590
2,691,796 1,839,835
17,636
17,636
2,691,796 1,822,199
7,357,312 10,049,108
$ 10,049,108 $ 11 ,871 ,307
672,949 1,839,835
2,018,847
1,594,425 2,691,796
1,354,325 1,594,425
1,666,304 1,354,325
1,666,304
2/42,258 2,724,622
$ 10,049.108 $ 11 ,871 ,307
In using the revenue and expenditures reports to report fees that have been held past the fifth year of the first deposit, the total expenditures and transfers out over the five-year period must add together. The computed total must be subtracted from the earliest fund balance plus any transfers in for that year. The Sewer Facilities Impact Fee Fund reports money being held past the fifth year of first deposit. The City intends to address capacity and treatment as identified in the 2019 Nexus Report.

Some examples of these projects are as follows:
• Central City Detention Basin - $2.4M - design 2023, land acquisition 2024, construction 2024-2025. • Groundwater sustainability strategic plan and masterplan update - $150K- 2023. • Wastewater Treatment plant rehabilitation (pipe casing and replacement) - $4M - design 2024, construction 2025-2026. • Sewer lift station backup generator replacement (Tier 4 per new air board regulation) - $600K, design 2024, construction 2025- 2026.

The City intends to utilize all the Impact Fees for this purpose and is in the process of reviewing user rates and exploring debt financing in order to fund the $75M of potential costs associated with future capacity, treatment, and wastewater flow. The City is working with the State of California and the State Water Resource Control Board to identify the timing of the funding. Once funding is secured the money will be deposited in the Wastewater Enterprise Fund. (This fund accounts for the Impact Fee as restricted cash).
13 99
FINANCIAL SUMMARY REPORT, Continued
Stormwater Facilities Impact Fee Fund
Statement of Revenues, Expenditures and Changes in Fund Balance Last Five Fiscal Years
Description FY 2017/18 FY 2018/19 FY 2019/20

REVENUES
Fees $ 6,869 $ 5,229 $ 6,988
Interest 312 1,066 952
Other
Total Revenues 7,181 6,295 7,940

EXPENDITURES
Expenditures
Total Expenditures
REVENUES OVER (UNDER) EXPENDITURES 7,181 6,295 7,940
Fund Balance, Beginning of Year 38,155 45,336 51,631
Fund Balance, End of Year $ 45,336 $ 51 .631 $ 59,571
Five Year Revenue Test Using First In First Out Method
Revenue Available:

Current Fiscal Year
Current Fiscal Year (old fees) 7,181 6,295 7,940
Prior Fiscal Year (2-yr old funds)(old fees) 7,181 6,295 Prior Fiscal Year (3-yr old funds)(old fees) 7,181
Prior Fiscal Year (4-yr old funds)(old fees)
Prior Fiscal Year (5-yr old funds)(old fees)
In Excess of 5 Prior Fiscal Years(old fees) 38,155 38,155 38,155 Total Revenues Available $ 45,336 $ 51 ,631 $ 59,571
The five-year findings test met as required by Gov Code 66001(d) Notes:

FY 2020/21 FY 202 1/22
$ 104,776 $ 201,086
(72) (1,287)
104,704 199,799
104,704 199,799
59,571 164,275
$ 164,275 $ 364.074
26,176 199,799
78,528
7,940 104,704
6,295 7,940
7,181 6,295
7,181
38,155 38,155
$ 164,275 $ 364,074
In using the revenue and expenditures reports to report fees that have been held past the fifth year of the first deposit, the total expenditures and transfers out over the five-year period must add together. The computed total must be subtracted from the earliest fund balance plus any transfers in for that year. The Stormwater Facilities Impact Fee Fund reports money being held past the fifth year offlrst deposit. The City intends to address capacity, treatment and stormwater flow as identified in the 2019 Nexus Report.

Some examples of these projects are as follows:
• Central City Detention Basin - $2.4M - design 2023, land acquisition 2024, construction 2024-2025. • Groundwater sustainability strategic plan and masterplan update -$150K- 2023.

The City intends to utilize all the Impact Fees for this purpose and is in the process of reviewing user rates and exploring debt financing in order to fund the $75M of potential costs associated with future capacity, treatment, and stormwater flow. The City is working with the State of California and the State Water Resource Control Board to identify the timing of the funding. Once funding is secured the money will be deposited in the Storm Drain Impact Fee Fund.
14 100
FINANCIAL SUMMARY REPORT, Continued
Traffic Facilities Impact Fee Fund
Statement of Revenues, Expenditures and Changes in Fund Balance Last Five Fiscal Years
Descrietion FY 2017/18 FY 2018/19 FY 2019/20

REVENUES
Fees $ 1,019,541 $ 746,295 $ 919,905
Interest 35,757 125,496 111,391
Other 258,190
Total Revenues 1,055,298 871,791 1,289.486

EXPENDITURES
Expenditures 13,842 17,466 293,150
Total Expenditures 13,842 17,466 293,150
REVENUES OVER (UNDER) EXPENDITURES 1,041,456 854,325 996,336 Fund Balance, Beginning of Year 4,185,216 5,226,672 6,080,997 Fund Balance, End of Year $ 5,226,672 $6,080,997 $7,077,333 Five Year Revenue Test Using First In First Out Method
Revenue Available:

Current Fiscal Year
Current Fiscal Year (old fees) 1,055,298 871,791
Prior Fiscal Year (2-yr old funds)(old fees) 1,055,298
Prior Fiscal Year (3-yr old funds)(old fees)
Prior Fiscal Year (4-yr old funds)(old fees)
Prior Fiscal Year (5-yr old funds)(old fees)
In Excess of 5 Prior Fiscal Years(old fees) 4,171,374 4,153,908 Total Revenues Available $ 5,226,672 $6,080,997
The five year findings test met as required by Gov Code 66001 (d) Notes:
1,289.486
871,791
1,055,298
3,860,758
$ 7,077,333
FY 2020/21 FY 2021/22
$1,577,169 $ 1,245,281
5,710 (33,219)
169.210 40,206
1,752,089 1,252,268
195.420 47,643
195,420 47,643
1,556,669 1,204,625
7,077,333 8,634,002
$ 8.634,002 $9,838,627
437,947 1,252,268
1,314,067
1,289.486 1,752,014
871,791 1,289,486
1,055,298 871,791
1,055,298
3,665,413 3,617,770
$8,634,002 $9,838,627
In using the revenue and expenditures reports to report fees that have been held past the fifth year of the first deposit, the total expenditures and transfers out over the five-year period must add together. The computed total must be subtracted from the earliest fund balance plus any transfers in for that year. The Traffic Facilities Impact Fee Fund reports money being held past the fifth year of first deposit. The City intends to perform the following improvements:
• Hwy 165 and Willmott Road Signal Improvement - $1.5M - design 2024, construction 2025-2026, • HWY 152 and I Street signal improvements - $800K - Design (Caltrans started but is placed on-hold pending funding), construction (TBD pending matching fund from the City)
• Hwy 165 and Vineyard Drive Signal Improvements - $1.8M - Design 2024 {30% developer)' construction (2024 - 2025 30% developer)
• Pioneer Road project- $40-60M - Environmental present to 2024, design 2024-2025, construction 2025-2027 (pending phasing plan). The potential funding for these projects is identified at Table 3 - Unmet Need Potential Funding Programs.

These funds along with Impact Fees will be transferred to an appropriate Capital Projects Fund as required by the individual project. 15 101
FINANCIAL SUMMARY REPORT, Continued
General Government Facilities Impact Fee Fund
Statement of Revenues, Expenditures and Changes in Fund Balance Last Five Fiscal Years
Description FY 2017/18 FY 2018/19 FY 2019/20

REVENUES
Fees $ 500,097 $ 389,671 $ 419,275
Interest 12,755 43,749 40,802
Other
Total Revenues 512,852 433.420 460,077

EXPENDITURES
Expenditures 265,202 42,576 9,778
Total Expenditures 265,202 42,576 9,778
REVENUES OVER (UNDER) EXPENDITURES 247,650 390,844 450,299 Fund Balance, Beginning of Year 1,505,740 1,753,390 2,144,234 Fund Balance, End of Year $ 1,753,390 $ 2,144,234 $ 2,594,533 Five Year Revenue Test Using First In First Out Method
Revenue Available:

Current Fiscal Year
Current Fiscal Year (old fees) 512,852 433,420
Prior Fiscal Year (2-yr old funds)(old fees) 512,852
Prior Fiscal Year (3-yr old funds)(old fees)
Prior Fiscal Year (4-yr old funds)(old fees)
Prior Fiscal Year (5-yr old funds)(old fees)
In Excess of 5 Prior Fiscal Years(old fees) 1,240,538 1,197,962 Total Revenues Available $ 1,753,390 $ 2,144,234
The five year findings test met as required by Gov Code 66001(d) Notes:
460,077
433,420
512,852
1,188,184
$ 2,594,533
FY 2020/21 FY 2021/22
$ 808,295 $ 507,807
2,226 (12,016)
810,521 495,791
136,613 194,021
136,613 194,021
673,908 301,770
2,594,533 3,268,441
$ 3,268,441 $ 3,570,211
202,630 495,791
607,891
460,077 810,521
433.420 460,077
512,852 433,420
512,852
1,051,571 857,550
$ 3,268,441 $ 3,570,211
In using the revenue and expenditures reports to report fees that have been held past the fifth year of the first deposit, the total expenditures and transfers out over the five-year period must add together. The computed total must be subtracted from the earliest fund balance plus any transfers in for that year. The General Governmental Facilities Impact Fee Fund reports money being held past the fifth year of first deposit.

The City intends utilize $750,000 for the new corporate yard next to the new police facility. This project is schedule to start in fiscal year 2023.
16 102
FINANCIAL SUMMARY REPORT, Continued
3% Administration Impact Fee Fund
Statement of Revenues, Expenditures and Changes in Fund Balance Last Five Fiscal Years
Description FY 2017/18 FY 2018/19 FY 2019/20

REVENUES
Fees $ 103,719 $ 81,450 $ 87,650
Interest 2,110 8,014 7,375
Other
Total Revenues 105,829 89,464 95,025

EXPENDITURES
Expenditures 42,660 2,625 31,020
Total Expenditures 42,660 2,625 31,020
REVENUES OVER (UNDER) EXPENDITURES 63,169 86,839 64,005 Fund Balance, Beginning of Year 247,804 310,973 397,812 Fund Balance, End of Year $ 310,973 $ 397,812 $ 461 ,817 Five Year Revenue Test Using First In First Out Method
Revenue Available:

Current Fiscal Year
Current Fiscal Year (old fees) 105,829 89,464 95,025
Prior Fiscal Year (2-yr old funds)(old fees) 105,829 89,464 Prior Fiscal Year (3-yr old funds)(old fees) 105,829
Prior Fiscal Year (4-yr old funds)(old fees)
Prior Fiscal Year (5-yr old funds)(old fees)
In Excess of 5 Prior Fiscal Years(old fees) 205,144 202,519 171,499 Total Revenues Available $ 310,973 $ 397,812 $ 461 ,817 The five year findings test met as required by Gov Code 66001 (d) Notes:

FY 2020/21 FY 2021/22
$ 186,539 $ 160,458
319 (2,282)
186,858 158,176
121,087
121,087
186,858 37,089
461,816 648,674
$ 648,674 $ 685,763
46,715 158,176
140,144
95,025 186,858
89,464 95,025
105,829 89,464
105,829
171,498 50,411
$ 648,674 $ 685.763
In using the revenue and expenditures reports to report fees that have been held past the fifth year of the first deposit, the total expenditures and transfers out over the five-year period must add together. The computed total must be subtracted from the earliest fund balance plus any transfers in for that year. The 3% Administration Facilities Impact Fee Fund does report money being held past the fifth year of first deposit. The City intends to use these funds to pay for software upgrades to the Utility Billing System. 17 103

SCHEDULE OF DEVELOPMENT IMPACT FEES
Fees Based on updated Development Impact Fee nexus study dated December 31, 2019. The updated schedule became effective on April 5, 2020.

DEVELOPMENT FEE PROGRAM

SCHEDULE OF FEES

GENERAL PLAN BUILD OUT
Development
~
Impact Fees per Unit {Residential)/1,000
~
Square Feet (Non-Residential)
Age
Fee Category Single Family Multi-Family Restricted Retail Office Institutional Industrial Fire $ 1,258 $ 1,006 $ 681 $ 717 $ 538 $ 269 $ 179
Police $ 2,354 $ 1,883 $ 1,274 $ 1,341 $ 1,006 $ 503 $ 335 Parks & Rec $ 7,028 $ 5,622 $ 3,804 $ . $ . $ - $
Water $ 6,317 $ 5,054 $ 3,419 $ 3,599 $ 2,700 $ 1,350 $ 900 Sewer $ 4,847 $ 3,878 $ 2,624 $ 2,762 $ 2,071 $ 1,036 $ 690 Storm Drain $ 2,958 $ 2,367 $ 1,601 $ 1,686 $ 1,264 $ 632 $ 421 Traffic $ 1,304 $ 903 $ 704 $ 6,495 $ 1,301 $ 1,574 $ 1,105 General Gov't $ 702 $ 562 $ 380 $ - $ - $ - $
3%Admin $ 803 $ 638 $ 435 $ 498 $ 266 $ 161 $ 109
Total Fees $ 27,571 $ 21,913 S 14,922 S 17,098 $ 9,146 $ 5,525 S 3,739

PRIOR DEVELOPMENT IMPACT FEE SCHEDULE (OLD FEES)
The following Impact Fees Schedule was approved by Council in order to complete improvements for Police, Fire, Community Center, City Hall, Corporation Yard, and Administration. These fees were set forth in the Development Cost and Fee Study done by Goodwin Consulting dated June 28, 2006 Table 1 - Prior Impact Fees from Previous Nexus Study

DEVELOPMENT FEE PROGRAM

SCHEDULE OF FEES
NEXUS STUDY 2006
Development Impact Fees per Unit (Residential)/Per Square Feet (Non-Residential) Fee Category
Police
Fire
Park Improvement
Very-Low
Density
$ 2,559
$ 912
$ 6,934
Community Center $ 399
City Hall $ 986
Corporation Yard $ 346
3% Administration $ 364
Residential
$
$
$
$
$
$
$
Medium
Density
2,105
730
5,702
328
811
285
299
$
$
$
$
$
$
$
High
Density
1,515
438
4,106
236
584
205
213
Commercial
$ 0.38
$ 0.36
$ - $ 0.07
$ 0.15
$ 0.06
$ 0.03
Non-Residential
Office
$ 0.57 $
$ 0.36 $
$ - $
$ 0.08 $
$ 0.22 $
$ 0.09 $
$ 0.04 $
Industrial

0.27 0.36

0.05 0.10

0.05 0.02
Total Fees $ 12,500 $ 10,260 $ 7,297 $ 1.05 $ 1.36 $ 0.85 18 104
PRIOR DEVELOPMENT IMPACT FEE SCHEDULE (OLD FEES), continued The following Impact Fees Schedules were enacted in order to complete improvements for Water, Wastewater, Public Facilities, and Traffic. These fees were set forth in the by ordinance No.954 dated February 2, 2010.

Table 2 - Prior Enterprise Impact Fees per Ordinance
$ 3,127
$ 9,225
2" $ 19,857
3• $ 58,540
4" $ 126,086
Single Family $ 5,419
Multi-Family
Commercial
Industrial
$
$
$
$

DEVELOPMENT FEE PROGRAM

SCHEDULE OF FEES
ORDINANCE 954/FEBRUARY 2010
Single Family 1,800
Fast Food 3,500
Super Market 50,000
Office Building 60,000
Light Industrial 100,000

22.49 Heavy Industrial 200,000

22.49 22.49

22.49 Dwelling 1.00 $ 1.88 $ 3,380.85
1,000 5.05 $ 17.07 $ 59,747.59
1,000 1.85 $ 6.25 $ 312,683.10
1,000 1.78 $ 6.02 $ 361,021.56
1,000 0.91 $ 3.08 $ 307,612.53
1,000 0.18 $ 0.61 $ 121,692.40
Total Fees $ 216,835 S 5,419 $ 45 $ 34.91 $ 1,166,138.03

NOTES TO THE DEVELOPMENT IMPACT FEE REPORT
The Notes address two items required by California Government Code Section 66006 (b).

Note 1 - Refund of Developer Fee. At this time, all fees being collected pursuant to the Developer Fee program have been earmarked for current or future capital projects necessary to maintain the current levels of services within existing service areas to serve new development.

DEVELOPMENT IMPACT FEE PROJECTS IDENTIFICATION
The Development Impact Fees and Development Agreement Fee projects identification table illustrates the following reporting requirements defined by California Government Code Section 66006 (b):
• An identification of each public improvement on which fees were expended and the amount of expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees.

These were identified when applicable in the Note Section of each 5 year Financial Summary Report • An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement. These were identified when applicable in the Note Section of each 5 year Financial Summary Report.
19 105
Table 3 - Unmet Need Potential Funding Programs
Program Competitiveness Fund Request Keys to Successfully Secure Eligible Components SHOPP High $3,750,000 Improved operations and safety on SR-152/East of Creek, SR· the State Highway System 165/Pioneer Road, and SR·
152/Ward Road intersections.

ATP Medium High $9,899,000 Improved connectivity for walking Class I multi-use path, ADA and biking to schools and jobs. compliant ramps, crosswalks, traffic Transportation equity for control devices, landscaping, and disadvantaged/low-income bicycle/pedestrian bridge at the communities. Main Canal.

LPP Medium $25,000,000 Reduced vehicle emissions, reduced Roadway widening and new Competitive vehicle miles traveled, and support alignment, pavement for transportation equity for reconstruction, bridge widening, disadvantaged/low-income Class I multi-use path, and
communities. intersections.

TCEP Low $35,000,000 Improved truck operations and Roadway widening and new throughput on the State Highway alignment, pavement
System and local roadway. reconstruction, bridge widening, Class I multi-use path, and
intersections.

Table 4 - Needs List Identified in Nexus Report
1 A.

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20 106
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21 107

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108
RESOLUTION NO. 4786

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS REVISING DEVELOPMENT

IMPACT FEES FOR THE PROVISION OF CAPITAL
FACILmEs RELATING TO POLICE, FIRE, PARK

IMPROVEMENTS, AND ESTABLISHING

DEVELOPMENT IMPACT FEES FOR THE
PROVISION OF CAPITAL FACILmES RELATING TO

COMMUNITY CENTER, CITY HALL, CORPORATION

YARD, AND PROGRAM ADMINISTRATION
WHEREAS, the Crty of Los Banos General Plan includes a general descnpt1on of the location, capacity, and types of capital improvements needed to serve new development m the Crty, and
WHEREAS, m order to protect the health, safety and welfare of the community and to ensure that adequate caprtal faaht1es are provided and maintained for the residents of the City and so that new development m the City pays its fair share of the cost of providing these fac1lrtJes, levy of a capital faalrties fee 1s neoessary, and WHEREAS, the "Crty of Los Banos Capital Facilities Fee Nexus Study" dated June 28, 2006, prepared by Goodwin Consulting Group, which Nexus Study has been presented to the City Counctl and IS moorporated herein by this reference, detatls the relabonsh1p between the use of the proposed fees and the types of development on which the fees are imposed, the relat1onsh1p between the need for the public fac1llbes and the type of development on which the fees are imposed, and the relationship between the amount of the fees and cost of the pubhc facll1bes, and
WHEREAS, the City Council finds that the fee schedule detailed m Exh1b1t A attached hereto 1s hmrted to those fees assooated with Pohce, Fire, Park Improvement, Community Center, Crty Hall, Corporabon Yard, and Adm1mstrat1on and the planned improvements detailed 1n the Nexus Study are consistent With the Los Banos General Plan, and WHEREAS, pursuant to Government Code secbon 66016, the data required to be made --· -ava1lable-to-tlle-Publlc--pRor--to-the-.adoptioo..Qf--the-Gapital-F-acillt1es ree by-th1s--r-eselut1en was-·- made avatlable for public reVlew at least 1 o days pnor to the date of this meeting, WHEREAS, pursuant to Government Code secbon 66018, notice of a public heanng on the levy of the Capital Facilities Fee was published 1n the Los Banos Enterpnse for at least ten days pnor to the date of thts meebng, and
WHEREAS, a duly nobced pubhc heanng before the Crty Council on the levy of the Capital Fac1lmes Fee was held on October 4, 2006, at which heanng public teshmony was received and duly considered, and
WHEREAS, levy of the Capital Facilities Fee IS not a "project" subJect to the Callfom1a EnV1ronmental Quality Act because rt 1s a funding mechanism haV1ng no physical effect on the environment
NOW, THEREFORE, BE IT RESOLVED by the Crty Counal of the City of Los Banos SECTION 1: That the Crty Council of the City of Los Banos finds and determines that the Comprehensive Impact Fee nexus study dated June 28, 2006 prepared by Goodwin Consulbng Group {the "Study"} complies With California Government Code § 66001 by estabhshmg the basis for the 1mposrtion of the fees on new development This finding 1s based on the fact that the Study
(a) Identifies the purpose of the fees,
(b) Identifies the use to which the fees will be put,
(c) Shows a reasonable relat1onsh1p between the use of the fees and the type of development prQJect on which the fees are imposed,
(d) Demonstrates a reasonable relabonsh1p between the need for the public fact11bes and the type of development proJects on which the fees are imposed, and 109
(e) Demonstrates a reasonable relat1onsh1p between the amount of the fees and the cost of the public facilities or portion of the pubhc facilrbes attnbutable to the development on which the tees are imposed
SECTION 2 That the C,ty Councll hereby detemunes that the fees collected pursuant to this Resolution shall be used to finance the public fac1lrties descnbed or 1dentlf1ed m the Study SECTION 3 That the City Council has considered the specific project descnpt1ons and cost estimates 1dentlf1ed m the Study and hereby approves such project descnpbons and cost estimates and hnds them reasonable as the basis for calculating and 1mposmg certain development impact fees
SECTION 4 That the Crty Council fmds that the projects and fee methodology 1dentlf1ed in the Report are consistent wrth the Crty's General Plan and Caprtal Improvement Plan SECTION 5. The adoption of the Study and the Development Impact Fee Schedule are statutonly and categoncally exempt from the requirements of the Callfom1a Environmental Quality Act ("CIAj, because the setting of development impact fees merely establishes a funding mechanism for the proV1S10n of future projects, and as such, the Resolution 1s not an essential step culminating m acbon wtuch may affect the enVJronment and enVJronmental review required under CIA will be performed when projects funded by the development impact fees are chosen and defined (Kaufman & Broad South Bay, Inc v Morgan Hill (1993) 9 Cal App, 4th 464
SECTION 6. That the Crty Council adopts the rBV1s1ons to existing fees and establishment of new components to the capital facll1t1es fees as set forth m the Development Impact Fee Schedule attached hereto as Exh1brt A
SECTION 7 That an annual adJustment to account tor construcbon cost escalations shall be apphed to all development impact fees m the manner and at the time specified below A At the second meeting of the Crty Council dunng January of each calendar year, the Crty Manager shall report the finding on the escalation of construcbon costs for the pnor 12 months through October of the previous year
B The basis for this report shall be the National Average Construcbon Cost Index as publ1Shed by the Eng1neenng New Record or other similar construcbon cost indexes C Upon this report, the Council shall take acbon to allow an escalation m development impact fees to become effecnve the first day of March of each year SECTION 8 That the Comprehensive Impact Fee Nexus Study dated June 28, 2006 prepared by Goodwin Consulting Group attached hereto as Exhibit A does not amend water, wastewater, traffic, public facdrt1es, and storm drainage impact fees previously established by pnor ordinances and resolutions of the City Council
SECTION 9 That the ComprehenS1Ve Impact Fee Nexus Study dated June 28, 2006 prepared by Goodwin Consulting Group, attached hereto as Exh1brt A 1s hereby adopted SECTION 10 That the fees specified m the attached Exh1brt A shall become effective sixty (60) days following the adoption of this Resolution by the C,ty Council PASSED AND ADOPTED by the Crty Council of the City of Los Banos this 4th day of October, 2006
AYES
NOES
ABSENT
ATTEST
Council Member Brooks, Jones, McAdam, Pruitt, Mayor Amabile None
None
£~*-~
Lucille L Mallonee, City Clerk
110
Exh1b1t A
[under separate cover}
111

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112
CG

CAPITAL FACILITIES FEE NEXUS STUDY
CI1Y OF Los BANOS
JUNE 28, 2006
555 UNIVERSITY AVE, SUITE 280 • SACRAMENTO, CA 95825
PHONE (916) 561-0890 • FAX (916) 561-0891
113

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114
I
n
ill
IV
V
VI.

VII
VIII
IX
X
XI
CITY OF Los BANOS

CAPITAL FACILITIES FEE NEXUS STUDY

TABLE OF CONTENTS
Executive Summary
Introduction
Fee Methodology
Population and Land Use Categones
Pohce Fee Component
Fire Protect.ton Fee Component
Park Improvement Fee Component
Commumty Center Fee Component
City Hall Fee Component
Corporan.on Yard Fee Component
Fee Component Summary
Ongomg Admimstratlon of the CFF Program /
4 7
11 15
18 21
24 27
30 31
115
CITY OF Los BANOS

CAPITAL FACILITIES FEE NEXUS STUDY

TABLE OF CONTENTS (CONT )
Appendix A Capital Fac1h1.Jes Fee Program Calculations
Table A-1 Fee Summary for New Development m the C1ty of Los Banos Table A-2 Land Uses
Table A-3a Pobce Station and Ammal Control Cost Calculation Table A-3b Pohce Vehicles and Eqwpment Cost Calculation Table A-3c Police Fee
Table A-4a Summary of Fire Protection Costs
Table A-4b Fire ProtectJon Fee
Table A-5 Park Improvement Fee
Table A-6 Commumty Center Fee
Table A-7 City Hall Fee
Table A-8 Corporation Yard Fee
116
CITY OF Los BANOS

CAPITAL FACILITIES FEE NEXUS STUDY
ExECUTIVE SUMMARY
A. Purpose of the Study
As new development occurs withm the City of Los Banos, new capital fac1ht1es will be requtred to meet the vanous demands of future development The City has detenmned that these demands will necessitate ad<htional pohce, fire protection, park improvement, commumty center, city hall, and corporation yard facthtles The new capital fac1ht1es Will be funded through the City's Capital Fac1ht1es Fee (hereafter "CFF") and will be presented as mdiv1dual fee components m accordance With the categones hsted above Furthermore, this CFF Nexus Srudy will be the basis for the City's rev1S1on of1ts current CFF program, which applies to all future growth within the City Goodwm Consultmg Group, Inc has prepared this study to reVJse the Los Banos Development Impact Fee Schedule, which was ongmally adopted January 5, 2000 by City Council Resolution No 4083 The reVJsed CFF 1s compliant with the regulations set forth m AB 1600 and ensures that a rational nexus exists between new development m the City and (1) the use and need of the proposed ,. fac1hbes, and (11) the amount of the development unpact fee assigned to future land uses This CFF Nexus Srudy demonstrates that a rough proport1onal1ty exists between the development mipact fee to be levied on each type ofland use and the cost of the fac1ht1es attnbutable to that land use B Summary of the CFF
Table ES-I summanzes the fee components of the CFF as calculated m this report A three percent (3 0%) fee 1s mcluded to pay for adnnmstratlon of the CFF City of Los Banos
Capua/ Fac1l1t1es Fee
117
Facility Tvi,e
Pobce
TABLEES-1

CFFSUMMARY
RESIDENTIAL LA!:ill JISES
Very-Low/Low Medmm High
DenAty De1mty Denslty
(perUDJI) (perUmt) (porUrut)
$2,243 96 $1,845 36 $1,328 66
~ON-RESID:fil!TIAL~~NDU§fili
Commercw Office lndustnal
(pe, Sq Ft) (perSq Fl) (porSq Ft)
I $0 33 $050 $024
~- -- -- -- ---- --- - -- -- - -- --- -- - ----- - ---- Fire $800 00 $64000 $384 00 $032 $032 $032 I Park Improvement $6,079 84 $4,999 87 $3,599 91 NIA NIA NIA ComnnDllty Center $349 97 $287 81 $207 22 $0 06 $008 I $004 ---------- - - - --- -- ----- - - - --- -- ------- ~-- - -- City Hall $864 34 $710 80 $51 I 78 so 13 $019 $009 ---- - --- - -- - --- - - ··- - - - - - --- - --- -- - -- Corporation Yard $303 51 $249 60 $1797] $005 $007 $004 Adnnrustrat,on (3%) $319 25 ' $262 00 $186 34 $003 $003 $002 Total SI0,960 87 $8,995 44 $6,397 62 $092 $119 $07S
C. Fee Adjustments
The CFF may be adJusted m future years to reflect revised facility standards, receipt offundmg from alternative sources (1 e, state or federal grants), revised costs, or changes m demographics or the land use plan In addition to such adJustments, the fees will be mflated each year by a predetermmed mdex The City will detemnne the specific cbaractenstics of the development at the tune 11Dpact fees are assessed 1n order to categonze the development mto the proper land use category for purposes oflevymg the CFF
Qty of Los Banos
Caprtal Facallhes Fee II
118
I. Introduction
The City of Los Banos (hereafter "City") 1s located m the western portion ofMerced County along Highway 152 Incorporated m 1907, the Los Banos economy contlnues to rely heaVJly on the agncultural tendenCJes of the region However, new enterpnse and local government also contnbute to the local economy, ensunng the proVJs1on of a vanety of amenities for City residents A Purpose of the Study
As new development continues WJtbm the City of Los Banos, new capital fac1bties will be requrred to meet the demands of future development The City has detennmed that these demands will necessitate additional pobce, fire protection, park improvement, commumty center, city ball, and corporation yard fac1hties The add1tional facihtJ.es will be funded through the C1ty's Capital Factl1tles Fee (hereafter "CFF') and will be presented as mdmdual fee components m accordance with the categones hsted above Furthermore, this CFF Nexus Study Wlll be the basis for the City's reVJsion of its current CFF program, which applies to all future growth w1thln the City Goodwm Consultmg Group, lnc bas prepared this study to revise the Los Banos Development Impact Fee Schedule, which was ongmally adopted January 5, 2000 by City Council Resolution No 4083 The reVJsed CFF 1s compliant with the regulatmns set forth m AB 1600 and ensures that a rational nexus exists between new development m the City and (1) the use and need of the proposed fac1ht1es, and (11) the amount of the development impact fee assigned to future land uses The revised CFF discussed m this report, subJect to the fee adJustments and mflation adJustments noted m Secnon XI, will apply to all future development (except umts subJect to existmg Development Agreements, as discussed m Section ill ofth1s study) that occurs WJthm the City as well as any new development m areas that annex to the City 1n future years OtJ, of Los Btu,os
Capual Facd,tiu Fee 1
119
B. Impact Fee Nexus Requirements (AB 1600)
Assembly Bill (AB) 1600, which was enacted by the State ofCahfom1a m 1987, created Section 66000 et seq of the Government Code AB 1600, also referred to as the M1tigat1on Fee Act, requires that all pubhc agencies satisfy the followmg requnements when establ1shmg, mcreasmg, or 1mposmg a fee as a conditlon of approval of a development prOJect Identlfy the purpose of the fee
2 Identify the use to which the fee 1s to be put
3 Determme how there 1s a reasonable relationslnp between A The fee's use and the type of development proJect on which the fee 1s 1mposed
B The need for the pubhc facility and the type of development proJect on which the fee 1s imposed
C The amount of the fee and the cost of the public facility or porbon of the pubhc fac1hty attnbutable to the development on which the fee 1s Imposed As stated above, the purpose oftlus study 1s to demonstrate that all fee components of the revised CFF comply with AB 1600 The assumptions, fee methodologies, fac1hty standards and costs, as well as the cost allocation factors that were used to estabhsh the nexus between the CFF and the development on which It WIil be levied are summanzed m the subsequent sectlons oftbts report C. Orgamzabon ofReport
The remamder ofth1s report has been organized mto the followmg sections Section Il
C,ty of Los Ban1>s
Capltal Faclhnes Fee
Provides a detatled explanation of the fee methodologies used to calculate the vanous mc:hv1dual fee components of the CFF
2 120
Section III Defines the demographic and land use assumptlons used m the detailed calculatlons and m the application of the CFF
Sectmns N-IX Provides the detailed calculations for the pohce, fire protection, park improvement, comrnwuty center, city hall, and coxporatlon yard fees SectJonX
SecnonXI
CUy of Los Banos
Capital Faclhhu Fee
Provides a summary of the mc!Ividual fee components calculated m this report
Addresses future fee adJustments, fee nnplementatJon, annual admunstratlve dunes, fee credits or reunbmsements and other relevant items j
121
IL Fee Methodology
When impact fees are calculated, an analysis must be presented 10 enough detail to demonstrate that a logical, thorough consideration was apphed 10 the process of detemumng how the fees relate to the tmpacts from new development As previously descnbed, vanous findmgs must be made to ensure that there 1s a reasonable relanonship between the fee and the development on winch that unpact fee will be levied There are several generally accepted methods of determmmg impact fees for future development The ch01ce of the method used depends on the type offacihty for which an impact fee 1s bemg calculated Followmg 1s a d1scuss1on of the two methods used m this report to calculate the 1nchV1dual fee components of the CFF
A. Plan-Based Fee Methodology
The plan-based fee methodology 1s used for fac1ht1es that must be designed based on future demand proJectlons and/or the geographic locatJon of antJc1pated growth For example, the need for fire protection-related improvements depends specifically on the future area that will be served An analysis of eXIstmg fac1lttles, geographic constraints, and cwrent levels of service must be completed m order to identify future fac1bty needs This mformation is analyzed m con1unct1on With a projection of the amount and location of future development m order to determme the adequacy of existlng fac1ht1es and the demand fornew Improvements that will be required The steps to calculate a CFF component under the plan-based fee methodology mclude the followmg Stepl
Step2
City of Los Bllllos
Capital Facrbtres Fee
Identify existing development and estJmate future demand projections as well as the geographic location of ant1c1pated growth
Determme fac1ht1es needed to serve anticipated growth and, if necessary, existing development m the City
122
Step1
Step4
Steps
Step 6
Step 7
StepB
Step9
Estimate the gross cost of fac1httes needed to serve both ex1stmg and future development
Subtract the gross cost of any fac1httes mcluded m the fac1httes plan that will cure an ex1stmg defiC1ency m sernce (will serve existing development) Subtract revenues available from altemahve fundmg sources, 1f any, to identify a net facilities cost that will be allocated to future development Select the demand vanable (e g, tnps generated, acres, persons served, etc) that will be used to allocate fac1hty costs on a benefit rationale basis, apply demand van able rates to each of the land uses based on serVIce demand Estimate the total demand vanables that will be generated by all future development land use categones by multlplymg each respective land use by ,ts assigned demand vanable rate Sum the totals from the land uses DMde the net fac1hties cost allocated to future development by the total demand vanables denved m Step 7 to calculate the cost per demand vanable ( e g , cost per tnp generated, cost per acre, cost per person served, etc ) Multiply the cost per demand vanable by the demand vanable assigned to each land use category m Step 6 to detenmne the impact fee for that particular land use category ( e g , cost per mut, cost per square foot, etc ) The plan-based fee methodology was used m the calculation of, or portions of the calculation of, the police, fire protection, park improvement, commumty center, and corporation yard fee components oftheCFF
City of Lvi BanM
Capital Foc,/mei Fee 5
123
B Standard-Based Fee Methodology
The standard-based fee methodology 1s used when a consistent fac1hty service level standard 1s to be appbed to each component of new development (1 e, res1dentaal umt, non-residential square foot) regardless of future demand proJections or the geographic location of antiCipated growth The :
standard to be used m calculatmg lDlpact fees under this method may be based on an existing or a preferred standard To the extent a preferred standard 1s used which 1s higher than the existing standard, the pubhc agency wtll need to rely on other sources of funds to m1ngate the deficit related to existing development created through the adoption of the lugher standard The steps to calculate a CFF component under the standard-based fee methodology mclude the followmg Stepl
Step2
Step3
Step4
Define the existing faCibty standard expressed m terms of residents, employees, persons seived, or other standard appropnate for the type of facihty for wluch a component of the CFF 1s bemg calculated Determme a cost for each mcremental fac1hty standard 1dentdied m Step I based on current replacement costs, reduce the facility costs by subtracting existing fee fund revenue or alternative fundmg sources, 1f apphcable Apply demand vanable rates to each of the land uses based on service demand ( e g persons per household, Jobs per acre, etc) Multiply the demand vanable for each type ofland use identified m Step 3 by the cost for each mcremental fac1hty standard determmed m Step 2 to calculate the impact fee for each of the land use categones The standard-based fee methodology was used m the calculation of, orportJons of the calct!;Iatton of, the police, park nnprovement, city hall, and corporation yard fee components of the CFF Addttmnal detail for each fee component in the CFF 1s mcluded m sections IV through IX C,ty of Los Banos
Capllal FaClhtJa Fee 6
124
IIL Population and Land Use Categories
A Population
Over the last 25 years, the City has expenenced s1gmficant growth and proJections suggest that the strong growth will continue The Cahforrua Department ofFmance's Demographic Research Urnt estimates the household population of Los Banos tn 2006 to be 34,048 By the year 2020, assunnng a gTOwtb rate of 4 0% per year, the population 1s estunated to be approximately 61,300 Current and future population and employment figures are presented m Table A-2 Of particular importance to the estJmation of future residential uruts 1s the treatment of umts subject to existing development agreements (hereafter "DAs") These res1dent:Jal umts have separate fee structures as governed by the mdi.vidual DAs However, future fac1hty needs reflected tn this study cons1der the nnpact of these units even though the Ulllts are not subject to the fees outlmed 1n this report Consequently, there ts a mismatch between what should be collected and what will be collected, punruant to the mdtvtdual DAs Including uruts subject to ex1stmg DAs m the calculation of the CFF ensures that residential umts that are not subject to a DA will not subsidize costs that should be assigned to DA umts The difference between. what will be collected from the rema1DJDg DA umts and what would have been collected 1fthe DAs did not hm1t fees on the uruts must be paid by the City from sources other than nnpact fee revenues B. Land Use Categones
The Mltigatlon Fee Act ( §66001) requrres that a reasonable relatmnslnp exist between the need for publlc fac1httes and the type of development on which the Jmpact fee 1s imposed The need for pub he fac1bt1es ts related to the level of service demanded, which vanes m proportion to the number of residents or employees, or buddmg square footage, generated by a partJcular land use type Therefore, land use categones have been defined ID order to d1stJngwsh between relative impacts on fac1bt1es All fee components of the CFF ID this study have been calculated per dwelhng umt for res1dentlal land use categones and per butldmg square foot for non-res1denttal land use categones City of Los BtuUJs
Cap,tal Facrhtles Fee 7
125
The followmg land use categones are identified for pwposes of this study Very-Low/Low Density This category 1s cbaractenzed by larger "estate-style" lots for smgle family residential development Typical lot sizes would range from 15,000 to 20,000 square feet Except m extraordmary CJrcumstances, it 1s not expected that lots greater than one acre m size would be developed withm the City hnuts Typical development m tins Land Use Designation would provide one-half acre lots for approximately two umts per acre This Des1gnat10n [also] mcludes smgle fanuly development on lot sizes more typically found 1n url:>an settmgs Jnd1V1dual lot sizes would typically range from 6,000 to 12,000 square feet m size Under a Planned Development Zonmg D1stnct, smaller lot sizes may be permitted when clustered around an open space amenity such as a park. golf course, open space, or lake Typical smgle farmly subdlvlSlons proVJde between one and seven dwellmg uruts per gross acre (1999 General Plan p LU-14-LU-15) Medium Density
City of Los Banos
Capitol Fac,htles Fee
' This designation allows typical duplex or lower density apartment complexes and other non-traditional designs such as zero lot Imes, patio homes, and townhomes with lot sizes rangmg from 4,500 to 7,500 square feet for smgle fam!ly developments The IlllDlmum SJZe of newly created medium density residential zones shall be one acre, unless part of a Planned Development or an mfill development E:,ustmg nonconformmg lots can also be developed at 3,000 square feet of lot area for each dwelhng umt Density 1s typically 7-17 dwellmg umts per gross acre It 1s mtended that development be convemently serviced by neighborhood commerctal and recreational fac1ht1es and have access to maJor collector or artenal streets This designation is often sought for m-fill development m existing neighborhoods (1999 General Plan p LU-15)
8 126
High Density
Commerc111/
Office
Jndustnal
City of Los Banos
Capital FacdJhes Fee
This designation 1s mtended pnmanly formulti-fannly apartment and condommmm development m prox1m1ty to maJor artenal streets, commercial and recreational facihttes, and employment centers When new lots are created by the parcel map or subdivision process, the mmunum lot area 1s to be 7,200 square feet, and the number of umts per lot 1s based on 1,200 square feet of area for each dwelling umt Typical development under this land use designation 1s 15 umts per acre ( 1999 General Plan p L U-15)
Retail and semce busmesses mcludmg, but not hnnted to the followmg
I food stores
2 book stores, VJdeo rental stores
3 drug stores
4 laundry and cleamng establishments, mcludmg self-operated 5 barber shops and beauty parlors
6 repm shops for shoes, radms, TVs, domesnc appliances
7 profess1onal servJces, studios, cbmcs
8 automoti.ve servJce stanons, vehicle mamtenance and repair 9 bankmg, msurance, and real estate services
10 restaurants, small bakenes, theaters, bowling alleys, social clubs 11 home supply stores
Includes, but 1s not lJIDJted to, bUJldmgs m which professional, clencal, or medical act1v1t1es are conducted
Includes, but 1s not limited to, warehouse and wholesale d1stribut1on, mm1-warehouses, truck tennmals, manufactunng, processmg, fabncatmg, assembly, refinmg, repainng, packmg, or treatment of goods, matenal, or produce, sheet metal and weldmg shops, wholesale lumberyards, contractor yards, auto wrecking yards, cannenes, feed lots, stock yards 9 127
The City will make the final detennmatlon as to wluch land use category a particular development will be assigned The City 1s authonzed to detenmne the land use category that corresponds most directly to the land use Alternatively, the City can detennme that no land use category adequately corresponds to the development m question and may detemune apphcable ad hoc 1mpact fees City of Los Banos
Capital Fac1ht,es Fee 10
128
IV. Pohce Fee Component
1111s section of the report addresses the AB 1600 nexus requrrements as they relate to the calculation of the pohce fee Add.ttionally, 1t 1dennfies the demand vanable selected as well as the fac1bties, estimated costs, and recommended fees
A NexusTest
The pohce fee component meets the AB 1600 nexus reqUirements, as eVIdenced by the table below AB 1600 Nens Test for the Pohce Fee Component
Idenbfy the purpose of the fee
I deottfy the use of the fee
Detennme how there 1s a reasonable
relationslup between the fee's use and the
type of development proJect on which the
fee 1s 1mpcsed
Detenrune how there 1s a reasonable
relationship between the need for the pub be
fac1hty and the type of development project
on which the fee 1s imposed
Detenrune how there 1s a reasonable
relattonshtp between the amount of the fee
and the cost of the pub be facility or portion
of the pubhc facility attributable to the
development on which the fee 1s imposed
City of Los Banos
C11]11tal Faczlltles Fee
To fund pobcc-related capital costs attnbutable to the unpact of new development
To purchase or construct the pohce :m.c1ht1es 1denllfied m Table A-3a and TableA-3b
The use of the fee to purchase or construct the pobcc fac,hbes 1denllfied m Table A-3aand Table A-3b ensures that police faciltties will be available to serve new reszdenllal and non-residenllal development witlun the City
New pohce facibues will be needed as new res1denllal and non-J'CSJdenllal development will generate additional residents and employees and mcrease the demand placed on the City's ex1stmg police fac1httes
The police fee 1s set so that the fees collected offset the cost of purchasmg or constructing the fac1ht1es necessary to serve new development Res1denllal and non-res1denhal development WIii be responsible for the fair-share portion of the total cost based on the demand vanables assigned to the md1v1dual land uses
11 129
B Demand Vanable Persons Served
It 1s assumed that the demand forpohce services 1s dtrectly correlated with the number of residents and employees The calculatmn of total persons served mcludes the entire residential populatton plus a portion of the employee populat10n Assummg the average employee works 40 hours per week, one employee equals approximately O 24 residents
Employee 40 hrs/week - 168 hrs m a week "' 0 24 residents As a result, the cost per employee 1s approxnnately 24% of the cost per resident C Required Facilities and Estimated Costs
Usmg current pohce staffing numbers, the existing standards for sworn officers and non-sworn personnel per 1,000 persons served are computed Also presented m Table A-3a and Table A-3b, are the preferred standards for sworn and non-sworn personnel that the City mtends to apply to future development with respect to all velucles and eqwpment The pohce statton slZIIlg and cost assumptions shown m the third section of Table A-3a are denved from the "Master Plan Study, Merced County- City ofLos Banos Government Center'' prepared by MWM Archttects, Inc Ongmally released on January 5, 2000, the study conducted a space needs assessment for a county government center and pohce station m downtown Los Banos Included were a detailed analysis of the pohce department's current fac1ht1es and an evaluation of future reqmrements The study concluded that by 2010, the pohce department would need 47,900 gross square feet ofbuddmg space to accommodate the personnel necessary to serve the City at that time Table A-3a presents umt costs and butldmg square footage assumptmns for each of the followmg hne items Police AdmllUStratton/Operations Bullding, Detention Fac1hty, Servtce Bwldmgs, and Site Development The unit costs for the first two hne items are based on mformation gathered by the pohce department relative to the c1t1es of Clovis and Gtlroy, wlule the rematrung urut costs are equal to those m MWM 's stµdy tnflated by the Engmeenng News Record's Construction Cost Index Oty of l.oJ Banos
CqJ/JJI Factbtlu Fee 12
130
for the penod 2000-2005 Other Costs, winch mclude A-E design fees, topographic and boundary SUIYeys, matenal testmg, funnshmgs, fixtures, and equipment, envlJ'Onmental study documents, City staff and consultant time, and construction management, are only inflated by ENR's CCI for 2002-2005 as MWM's study mdtcated that these other costs are presented m 2002 dollars Fmally, 1t 1s estunated that 2 acres would be needed for the planned police fac1bt1es At an estimated cost of $15 per square foot, an additional $1 3 m1lbon for land acqms1t10n was added to the total pohce station cost In current day dollars, the fac1hty requirements total approximately $19 5 nulhon The $19 5 million 1s to be allocated between existmg and future development because the future police station Will serve existing and future reSJdents and employees Allocatmg the police station cost m drrect proportion to total persons served results m $3 6 JIDlhon allotted to future development With future development expected to generate 8,039 persons by 2010, the pobce station cost per person served equates to $444
Ammal control faetbties and costs are shown m the final section of Table A-3a Office space, storage space, and lot size assumpt10ns were provided by the City's police department and represent the preferred level of service for existing development m the City The estimated cost of ammal control fac11.Jnes under tlns preferred level equates to approx1mately $3 2 lllllhon With 35,899 current persons served, the value of the ammal control fac1ht1es equates to $90 per person served Current pohce vehicles and equipment are 1tennzed m Table A-3b It follows that the same types of vehicles and equipment Will be needed as new development occurs m the City The cost mcludes marked and unmarked patrol cars, support vehicles, office eqmpment, and personal duty gear for both sworn and non-sworn personnel
Table A-3b uses the preferred standard of l 5 sworn officers per 1,000 persons served and 0 6 non-sworn personnel per 1,000 persons served to calculate a vehicle and equipment cost of $55 45 per person served Also presented 1s an additional eqmpment cost of $11 96 per person served Addttlonal eqmpment consists of seven mobile data tennmals and three rad.10 tower receiver sites Cll)I of Los Banos
Capital FaClbtu,s Fee 13
131
The cost per demand vanable, m this case persons served, 1s applied to the demand vanable assigned to each of the land use categones to amve at a fee per residential umt or non-res1dent1al square foot The range of fees for the different land use categones 1s discussed below D. Pobce Fee Component
The final section ofTable A-3c shows the calculation of the pohce fee component of the CFF The $60 I 45 cost per person served 1s appbed to each of the residential land use categones based on average persons per household and each of the non-res1dential land use categones based on employee res1dent-equ1valents The pobce fees are as folJows • $2,243 96 per umt for Very-Low/Low Density uses,
• $1,845 36 per umt for Mednun Density uses,
• $1,328 66 per umt for High Density uses,
• $0 33 per square foot for Commercial uses,
• $0 50 per square foot for Office uses, and
• $0 24 per square foot for lndustnal uses
Cl(y of Loa Banos
Cap//al Faabtus Fee 14
132
V. Fire Protection Fee Component
This section of the report addresses the AB 1600 nexus requrrements as they relate to the calculabon of the fire protect10n fee Additionally, 1t 1dent1fies the demand vanable selected as well as the fac1ht1es, estunated costs, and recommended fees
A Nexus Test
The fire protection fee component meets the AB 1600 nexus requrrements, as eVJdenced by the table below
AB 1600 Nexus Test for the Fire Protection Fee Component Idenufy the purpose of the fee
Identify the use of the fee
Detemnne how there 1s a reasonable
relatJonsh1p between the fee's use and the
type of development project on winch the
fee 1s nnposed
Detenmne how there 1s a reasonable
relationslup between the need for the pubbc
facility and the type of development project
on which the fee 1s imposed
Detemune how there 1s a reasonable
relabonshap between the amount of the fee
and the cost of the pubbc fac1bty or portion
of the pubhc fac1bty attnbutable to the
development on which the fee 1s imposed
City of Loa Banos
Capitol Fociblles Fee
To fund fire protection-related capital costs attnbutab)e to the nupact of new development
To purchase or construct the fire protection fac1bhes identified m TableA-4a
The use of the fee to purchase or construct the fire protection facihlles identified m Table A-4a ensures that fire protection faCJblles will be available lo serve new residential and non-residenllal development within the City
New fire protecllon facil1tJes WJJI be needed as new res1dent1al and non-res1denbal development will generate adchtmnal residents and employees and increase the demand placed on the City's existing fire protection factlrties
The fire protection fee 1s set so that the fees collected offset the cost of purchasmg or constructmg the factbt:Jes necess81J' to serve new development R.estdenltal and non-res1dent1al development will be responsible for the fair-share portion of the total cost based on the demand vanables BSSJgned to the 1rubvidual land uses
15 133
B Demand Variable. Bmldmg Square Feet
As development occurs, 1t 1s reasonable to assume that additional square footage will place an mcreased demand on fire protection services In choosmg bulldmg square feet as the fire protection demand vanable, assumptions were made as to the average buildmg square footage of the three residential categones All Very-Low/Low Density umts were assumed to be 2,500 square feet, all Medium Density umts were assumed to be 2,000 square feet, and all High Density umts were assumed to be 1,200 square feet Furthermore, floor-to-area raUos for the three non-residential categones were required as well Commercial, office, and mdustnal land uses were assumed to have floor-to-area ratios of O 25, 0 30, and O 30, respectively C Required Facilities and Estlmated Costs
Based on future development proJectJ.ons and the geographic locaUon of anticipated growth, the City's fire department estunated the unpact on the current fire protection network Fire protection fac1hties needed to serve future development were identified and quantified m dollar tenns Use of the plan-based fee methodology to calculate the fire protectJon fee corresponds with the nature of future development's impact on the fire protection network Ocly by estimating the amount and location of furore development can the appropnate improvements and related costs be 1denufied The City has concluded that tbree new fire stations Will be needed to serve future development m the proJect area Although the City only has two fire stabons at this time, two factors played an important role m the fire department's detennmation that three additional stations would be needed by 2020 1) The City's need to replace volunteers With professional fire fighters, and 2) the likely geographic dlstnbution of future development All of the costs to acquire and develop the land, construct the stations, and purchase the funuture, fixtures, and equipment for the fire stations are presented m Table A-4a Also identified are certam additional fac1hties that are proport1onately allocated between ex1sting and furore development based on the percentage contnbution of each to total persons served by 2020 The estimated cost allocated to new development, mcludmg the land, fire stations, equipment, and adchtional fac1ht1es 1s $7 2 mlihon C1ly of Los Bfllfos
Capital Facrlltles Fee 16
134
Table A-4b shows the square footage and floor-to-area ratio assumptions used m the calculat1on of the fire protection fee component of the CFF The table 1s dJVIded mto two sections with the first calculating the net cost allocated to future development Smee build.mg square feet was selected as the appropnate demand vanable for fire protection serVIces, average residential square footages were applied to the vanous res1dent1al land uses and average floor-to-area ratios were apphed to the non-res1dent1al land uses to amve at total square footage by land use The results were used to allocate the total fire costs of $7 2 IDJ!hon
D Frre Protection Fee Component
The final section of Table A-4b shows the calculation of the fire protectton fee component of the CFF The $0 32 cost per build.mg square foot 1s apphed to each of the res1dentJal land use categones based on the square footage assumptions mentioned earlier and each of the non-res1dentJal land use categones The fire protectJon fees are as follows.
• $800 00 per u111t for Very-Low/Low Density uses,
• $640 00 per umt for MedJUm Density uses,
• $384 00 per unit for Htgh Density uses,
• $0 32 per build.mg square foot for Commercial uses,
• $0 32 per bu1ldmg square foot for Office uses, and
• $0 32 per bmldmg square foot for Industnal uses
Cil)I of Los Bano&
Capitol Fac,llhes Fee 17
135
VT. Park Improvement Fee Component
Tots secoon of the report addresses the AB 1600 nexus requirements as they relate to 1he calculatmn of the park unprovement fee Additionally, 1t identifies the demand variable selected as well as the factbties, estimated costs, and recommended fees
A NexusTest
The park improvement fee component meets the AB 1600 nexus requuements, as evidenced by the table below
AB 1600 Nexus Test for the Park Improvement Fee Component Identify the purpose of the fee
ldenllfy the use of the fee
Determme bow there is a reasonable
relatlonsh1p between the fee's use and the
type of development project on which the
fee JS UllpOSed
Dctenmne how there 1s a reasonable
relationship between the need for the pubhc
fac1l1ty and the type ofdevelopmentproJect
on wtuch the fee 1s unposed
Determme how there 1s a reasonable
relatiooshlp between the amount of the fee
and the cost of the pubhc facihty or port10n
of the pubbc fac1hty attnbutable to the
development on which the fee 1s nnposed
City of Los BtUtOs
Capua/ Facr/uzes Fee
To fund park unprovemeot-related capital costs attnbutable to the unpact of new development
To pUICbase or construct the park 1mpro"11ements necessary to serve future reSJdential development 1n the City
The use of the fee to make the necessary park improvements ensures that parlcs will be available to serve new residential development witbm the City
New park improvements will be needed as new residential development will generate additional residents and mcrease the demand placed on the City's ex1Sbng parks
The park tmprovement fee 1s set so that the fees collected offset the cost of pun:hasmg or constructing the facihues necessary to serve new development RestdentJal development will be responSJble for the fair-share portion of the total cost based on the demand vanables assigned to the mdJvidual land uses
18 136
B Demand Vanable Residents
Residents, as opposed to persons served (where persons served mcludes residents and employees), was chosen as the appropnate demand vanable because the City does not see considerable use of park facthties by employees oflocal busmesses
C. Required Fac1btles and EstJ.mated Costs
The park tmprovement fee 1s calculated usmg a combmation of both fee methodologies While the aquatl.c center uses the plan-based approach, the remammg park rmprovement costs are detennmed usmg the standard-based approach The plan-based approach works well for fac1bties such as an aquatic center, where significant effort goes mto determmmg the ultimate size and design of a fac1hty for a given service population Conversely, total park improvement costs can eastly be calculated usmg an eXJstmg or preferred standard and vanous cost assumptions for improvements Table A-5 presents the current residential population, the expected residential population m 2020, and the mcrease m the residential population due to future development Also shown are the General Plan park standards (m acres per 1,000 reSJdents) The City mtends on applymg its General Plan park standards to all future development, resulting m total additional acres reqmred at bmldout of 136 35 Usmg unprovement costs based on s1m1lar studies 1n other areas of the Central Valley, the total park tmprovement cost 1s estimated to be $41 9 tn11lton Residents benefit from a wide vanety of park amerut:Ies mcludmg the followmg baseball, soccer, and football fields, volleyball, playground, and p1cruc areas, and horseshoe pits, a skate park, and a swunmmg pool The existing SWlillIDmg pool 1s a Jomt-use facility with the school d1stnct that the City cum:ntly operates However, because of the school distnct's growmg needs, the City plans on turnmg the fac1hty back over to the dtstnct once constructmn of the new aquatic center 1s completed C,ty of Los Banos
Capria/ FaalllJl!s Fee 19
137
The new aquatic center will be built on 5 acres of City-owned park land and will cost an estimated $4 0 nnll1on The City has valued the land, at $1 8 million, resultmg ma total cost of$5 8 milhon The comprehensive facility will mcJude competition pools, mstructlonal pools, a therapeutic pool, and the related support fac1hties such as restrooms, outdoor showers, locker rooms, and office space FutJ.rre development will only be responsible for a proportionate share of the facility based on the percentage of new residents to total residents at bwldout of the proJect area Expected to contabute 44 5% of the total number of residents m 2020, future development 1s allocated $2 6 million of the total cost of the aquatic center Includmg the cost of the aquatic fac1hty, the park improvement cost per resident equates to $1,629 59
D. Park Improvement Fee Component
The final section ofTable A-5 shows the calculation of the park improvement fee component oftbe CFF The $ J ,629 59 cost per resident 1s applied to each of the res1dent1al land use categones based on average persons per household The park improvement fees are as follows • $6 079 84 per llillt for Very-Low/Low Dens1ty uses,
• $4,999 87 per umt for Mednnn Density uses, and
• $3,599 91 per umt for High Dens1ty uses
City of Los Banos
Capital F,mllJles Ftte 20
138
VIL Community Center Fee Component
This section of the report addresses the AB 1600 nexus reqwrements as they relate to the calculation of the community center fee Add1t1onally, 1t identifies the demand vanable selected as well as the facil1ties, estimated costs, and recommended fees
A Nexus Test
The commumty center fee component meets the AB J 600 nexus reqwrements, as evidenced by the table below
AB 1600 Nexus Test for the Community Center Fee Component Identify the purpose of the fee
Identify the use oftbc fee
Detemnne how there 1s a reasonable
relationslnp between the fee's use and the
type of development proJect on which the
fee tS imposed
Determme how there 1s a reasonable
relationslnp between the need for the pubbc
faCJhty and the type of development proJect
on wb1cb the fee 1s nnposed
Determme how there 1s a reasonable
relat1onsh1p between the amount of the fee
aod the cost of the pubhc fac1hty OT portion
of the pubhc fac1hty attnbutable to the
development on which the fee 1s unposed
C,ty of Los Banos
Capital Fac1/ltles Fee
To fund comrnuruty center-related capital costs attnbutable to the nnpact of new development
To purchase OT construct the connnumty centerfacihties 1dent1fied m TableA-6
The use of the fee to purchase or consttuct the community center fBCJhties 1denllfied m Table A-6 ensures that commumty center facthtJes will be available to serve new residential and non-rcstdenbal development withm the City
New connnumty center factl1ties will be needed as new residential and non-rcs1denbal development will generate adtbbonal residents and employees and mcrease the demand on the need for communrty center facihlles within the City
The community center fee 1s set so that the fees collected offset the cost of pwchas1og or coostrucbng the fBCJbtJes necessary to serve new development Res1denbal and non-reStdeollal development will be responsible for the fa1r-share portion of the total cost based on the demand vanables 11SSJgned to the md1VJdual land uses
21 139
B Demand Vanable. Persons Served
It 1s assumed that the demand for a commumty center 1s drrectly correlated with the number of residents and employees The calculation of total persons served mcludes the entire residential population plus a porn.on of the employee population Assuromg the average employee works 40 hours per week, one employee equals approximately O 24 residents Employee 40 hrs/week - 168 hrs m a week "' 0 24 residents As a result, the cost per employee 1s approXllllately 24% of the cost per resident C Requrred Facilities and Esttmated Costs
At this time, the 01ty does not have a commumty center, however, a proposed 22,000 square foot fac1ltty has been SJZed to accommodate both existing and future development m the proJect area Smee the City mtends on bu1ldmg the commumty center on park land acqwred through tlie City's use of the Qunnby Act, land costs have been excluded from the calculation of the commumty center fee Table A-6 shows the calculat10n of total persons served as well as the construction cost per square foot to build the fac1bty and purchase the furmture, :fixtures, and eqwpment Based on the Planning Department's construction cost estunate of$278 per square foot, the cost of the 22,000 square foot facility 1s $6 1 mdlton Subtracting the current pubhc fac1bnes fund balance of $4,225 results 1n a net cost of $6 1 milhon The net cost 1s allocated to ex1stmg and future development m direct proportion to the total persons served contnbuted at bwldout of the project area Since 44 9% of the total persons served m 2020 1s attnbutable to future development, only $2 7 m1lhon 1s allocated to future development, equatmg to $93 80 per person served Cizy of Los Banos
Capua[ Facllmes F1111 22
140
D Community Center Fee Component
The fmal section of Table A-6 shows the calculat10n of the commumty center fee component of the CFF The $93 80 cost per person served 1s applied to each of the residential land use categones based on average persons per household and each of the non-res1dent:1al land use categones based on employee res1dent-equ1valents The commuruty center fees are as follows • $349 97 per unit for Very-Low/Low Density uses,
• $287 81 per urut for Medmm Density uses,
• $207 22 per unit for High Density uses,
• $0 06 per square foot for Commercial uses,
• $0 08 per square foot for Office uses, and
• $0 04 per square foot for Industnal uses
City of Los Banos
Capital Far:1lme:s Fee 23
141
VIII. City Hall Fee Component
nus section of the report addresses the AB 1600 nexus reqmrements as they relate to the calculation of the ctty hall fee Additionally, 1t identifies the demand variable selected as well as the fac1hties, estimated costs, and recommended fees
A NexusTest
The city hall fee component meets the AB 1600 nexus requ1rements, as evidenced by the table below
AB 1600 Nexus Test for the City Hall Fee Component
Idcnt!fy lhe pwpose of the fee
Identify the use of the fee
Deternune bow 1here 1s a reasonable
relat10nsl11p between 1he fee's use and the
type of development pro3ect on which the
fee 1s nnposed
Detem:nne how there 1s a reasonable
re)aUonshlJ> between the need for the pub be
fac1bty and the type of development proJect
on winch the fee 1s 11nposed
Detennme how there 1s a reasonable
relauonslnp between the amount of the fee
and the cost of the public fao11lty or portion
of the pubhc fac1bty attnbu18ble to the
development on which the fee 1s miposed
Crty of Los Bonas
Copual Facdrtu!s Fee
To fund c,ty hall-related capital costs attnbutable to the unpact of new development
To pim:base or construct lhc city ball faclbhes 1denufied m Table A-7
The use of the fee to purchase or conslJUct the c,ty hall facahhes tdenhfied m Table A-7 ensures that Clty hall fae1hties Wlll be avatlable to serve new res1dential and non-resJdentlal development within the City
New city hall fac1ht1es Wlll be needed as new res1denbal and 11on-res1denbal development will generate additional residents and employees and mcrease the demand placed on the City's ex1stmg city hall facJbttes
The city hall fee is set so that the fees collected offset the cost of purchasing or constructmg the fac1bt1cs necessary to serve new development Residential and non-res1dential development WlU be responsible for the fair-share pomon of the total cost based on the demand vanables assigned to the md1v1dual land uses
14 142
B Demand Vanable Persons Served
It 1s assumed that the demand for mumctpal services housed m the City Hall is directly correlated w1th the number of residents and employees The calculation of total persons served includes the entire residential population plus a portion of the employee population Assummg the average employee works 40 hours per week, one employee equals approxnnately O 24 residents Employee 40 hrs/week - 168 hrs m a week ""' 0 24 residents As a result, the cost per employee 1s approxnnately 24% oftbe cost per reS1dent C Required Facilities and Estimated Costs
New development will mcrease the demand placed on the numerous munmpal servtces housed m the current city hall Therefore, additional capital costs mcuned as the City adJusts to meet the mcreased demand on its current facd.1tles must be funded by new development Included m the fee are the costs to acquire add1t1onal land, construct the fac1l.tties, and purchase the related furniture, fixtures, and equipment
The city ball fee uses the standard-based fee methodology, which apphes a consistent fac1hty service level standard to each component of new development regardless of proJectcd development The City's current city hall, mcludmg the annex fac1ht1es, occupies 19,355 building square feet on 52,509 square feet of land The City mtends to apply the same land area and buddmg space standards to new development
The city hall fee 1s qmte flexible smce the fee 1s established without reference to the ultimate size of the necessary fac1htles Smee the fee 1s not dependent on the evenb.lal service population, 1f less growth occurs, presumably fewer fac1hties would be reqwred and less fee revenue would be generated Alternatively, 1fmore growth occurs, the additional fee revenue can be used to mitigate the addtt1onal impacts on fac1hties
C,ty of Los Banos
Capital F,mlltles Fee 25
143
Table A-7 presents total persons served as well as the City's ex1stmg standards, which use current square footages as the numerator and total persons served of 35,899 as the denommator With a current standard of I 46 land square feet per person served and assummg land acqws1t1on costs of $15 per square foot, the land acqms1t1on cost per person SeJVed equates to $21 94 Sumlarly, with a current standard of O 54 bulldmg square feet per person served and bu1ldmg construction costs of $389 per square foot, the buJldmg construction cost per person served totals $209 73 The bUildmg construction cost assumption 1s based on average city hall construction costs reported mother areas D City Ball Fee Component
The final section of Table A-7 shows the calculation of the city hall fee component of the CFF The $231 67 cost per person served 1s apphed to each of the residential land use categones based on average persons per household and each of the non-res1dent1al land use categones based on employee res1dent-eqU1valents The Q.,ty hall fees are as follows • $864 34 per urut for Very-Low/Low Density uses,
• $710 80 per un1t for Mednun Density uses,
• $511 78 perumt for Htgh Dens1ty uses,
• $0 13 per square foot for Commercial uses,
• $0 19 per square foot for Office uses, and
• $0 09 per square foot for Industnal uses
Crty of Los Banos
Capllal F11c1lmes Fee 26
144
IX Corporation Yard Fee Component
This section of the report addresses the AB 1600 nexus requirements as they relate to the calculanon of the corporation yard fee Add1t1onally, 1t identifies the demand vanable selected as well as the fac1hties, estimated costs, and recommended fees
A. Nexus Test
The corporation yard fee component meets the AB 1600 nexus requrrements, as evidenced by the table below
AB 1600 Nexus Test for the Corporation Yard Fee Component Idenbfy the purpose of the fee
Idenbfy the use of the fee
Detenmne how there 1s a reasom1ble
relabonsh1p between the fee's use and the
type of development project on winch the
fee JS imposed
Detennme how there 1s a reasonable
relationship between the need for the pubhc
facibty and the type of development project
on which the fee 1s imposed
Detemune how there 1s a reasonable
relahonslup between !he amount of the fee
and the cost of the pub he facility or porbon
of the public fmbty attnbutable to the
development on winch lbe fee 1s imposed
C,~ of Los Banos
Capital Foell/hes Fee
To fund COIJIOrabOn yard-related cap1tal costs attnbutablc to the nnpact of new development
To pUJ'Chase or construct the corporatmn yard fac1bbes 1dennfied m TableA-8
The use of the fee to purchase or consnuct the corporatJon yard facilities 1dentdied m Table A-8 ensures that corporation yard faetbt:Jes wdl be available to serve new res1dent:1al and non-res1dent:Jal development Wtthm the City
New corporanon yard fac11lt:Jes will be needed as new res1dentJal and non-res1denbal development will generate addmonal residents and employees and mcrease the demand placed on the City's eXJsttng coJl)OraliOn yard faciht:Jes
The corporanon yanl fee 1s set so that the fees collected offset the cost of purchasing or construcnng the facd1bes necessary to serve new development R.esldentlal and oon-res1denbal developmentwtll be responsible for the fiur-share porbon of the total cost based on the demand vanables BSSJgned to the mdmdual land uses
17 145
B Demand Vanable Persons Served
It 1s assumed that the demand for mumctpal services that make use of the City's corporation yards is directly correlated with the number of residents and employees The calculation of total persons served mcludes the entire res1dentJ.al populat:ton plus a portlon of the employee population Assummg the average employee works 40 hours per week, one employee equals approxnnately O 24 residents
Employee 40 hrs/week - 168 hrs in a week"" 0 24 residents As a result, the cost per employee 1s approximately 24% of the cost per resident C RequU"ed Facilities and Estunated Costs
The City's formal corporat:ton yard fac1ht1es mclude the Pubhc ServJces and Pubhc Works yards, which be on a total of2 5 acres Pubhc Safety, however, uses vanous parlong and storage areas throughout the City It 1s the City's intention to consohdate all c01poratlon yard-related needs and build a new fac1hty on 5 0 acres, with a total of 3,200 square feet of office space The planned corporation yard 1s expected to cost $5 tn1lbon, with $0 6 tn1lhon related to the cost of constructmg the necessary office space, $2 9 ID.1lhon related to the cost of constructing shop butldmg and spec1allzed covered space, and $1 5 nulhon representing the cost ofland The total cost has been allocated between ex1stmg and future development, with future development only respODS1ble for the incremental increase to the City's corporation yard fac1httes In addition to the 2 5 acres of corporation yard fac1ht1es that the City currently operates, a combmed 2,200 square feet of office space 1s used by fleet-related maintenance personnel Because futme development will be responsible for 1,000 square feet of office space, 1t has been allocated 31 3% of the $0 6 million S11mlarly, because future development generates the need for an additional 2 5 acres, 1t has been allocated 50 0% of the remammg cost
Ctty qj Los Banos
Capital Fac,/,tzes Fett 28
146
New development will mcrease the demand placed on current corporation yard fac1htles The C1ty believes that the mcremental mcrease m fac1htJes from the planned corpora ti.on yard will adequately meet this mcreased demand The total cost of the facility attnbutable to future development 1s $2 4 nnll10n, or a cost per future person served of $81 35 The remammg balance will have to be funded by ex1stmg development through means other than impact fees D Corporation Yard Fee Component
The final seen.on of Table A-8 shows the calculatJ.on of the corporation yard fee component of the CFF The $81 35 cost per person served 1s applied to each of the residential land use categones based on average persons per household and each of the non-residential land use categones based on employee res1dent-equ1valents The corporanon yard fees are as follows • $303 51 per umt for Very-Low/Low Density uses,
• $249 60 per umt for Medium Density uses,
• $179 71 per urut for High Density uses,
• $0 05 per square foot for Commercial uses,
• $0 07 per square foot for Office uses, and
• $0 04 per square foot for Industnal uses
City oflAs BtuWs
Capital Facibbes Fee 29
147
X. Fee Component Summary
Table X-l summanzes the fee components of the CFF as calculated m tins report A three percent (3 0%) fee 1s mcluded to pay for adm1mstrat1on of the CFF Faohtv TV'lle
Pohce
Fire
-- ---- Park Improvement
TABLEX-1

CFFSUMMARY
RESIDENTIAL LAND !lm
Very-Low/Low Medium lhgb
Density Den11ty Density
(perUmt) (perUmt) (pa-Umt)
tlON-RESIDENTIAL LAND Ul2~
Commercial Office ]ndustnal
(perSq Ft) (perSq Ft) (perSq F'l)
$2,243 96 $1,845 36 Sl,328 66 $033 $050 $024
$80000 $64000 $384 00 $032 $032 $032
- ---- ---- ----- - --------- $6,079 84 $4,999 87 $3,599 91 NIA NIA NIA ,__ __ --- - ------------------ --------- ------ Commuo1ty Center --------- C,tyHall
CoJpOration Yard
-------
Admintstrat10n (3¾)
Total
City of Los Banos
Cap,ta/ Facdmes Fee
-
$34997
- - -- $86434
$303 51
--
$319 25
$10,960 87
$287 81
--- - $710 80
$249 60
-· - . $262 00
$8,995 44
30 $20722 $006 SOOS $004
--- --- - --- ------- $511 78 $013 $019 $009
$179 71 $005 $007 $004
- -- - - - - ·- . - --- - Sl86 34 $003 $003 $002 I
$6,397 62 $092 S119 $075
148
XL Ongoing Administration of the CFF Program
A Fee Study Updates and Fee Adjustments
The CFF may be adJusted m future years to reflect revm:d facility standards, receipt of funding from alternative sources (1 e , state or federal grants), revised costs, or changes m demographics or the land use plan It 1s recommended that the City consider a fee study update annually, or potentially more frequently If circumstances have matenally been affected by events such as those hsted above If 1t 1s determmed that a fee study update 1s not necessary, the fees WIii be mflated each year by a predetermined mdex
The fee categones summanzed m the pnor section may not be applicable to specialized development projects m the City For example, development of a cemetery, golf courr,e, or stadium would not fall under any of the fee categones m this study For spec1ahzed development proJects, the City will review the impacts and decide on an applicable ad hoc fee B. Fee Implementation
According to the Cahforrua Government Code, pnor to levymg a new fee or mcreasmg an eXJstmg fee, an agency must hold at least one open and pubhc meeting At least ten days pnor to this meetmg, the agency must make data on mfrastructure costs and funding sources available to the pub be Nonce of the time and place of the meeting and a general explanation of the matter are to be published m accordance with Section 6062a of the Government Code, which states that pubhcatJon of notice shall occur for ten days m a newspaper regularly pubbshed once a week or more The City may then adopt the new fees at the second reading
~ of Los B1111os
Capdlll Facrlmes Fee JJ
149
C. Annual Admm1stratlve Dunes
The Government Code reguues the City to report every year and every fifth year certam financial mformation regardmg the fees The City must make avaJ!able withm 180 days after the last day of each fiscal year the followmg mformation from the pnor fiscal year A bnef descnption of the type of fee m the account or fund 2 The amount of the fee
3 The begmnmg and end.mg balance m the account or fund
4 The amount of the fee collected and the mterest earned 5 An 1dentJficahon of each pubhc improvement for which fees were expended and the amount of expenditures
6 An 1dentJfica1:Jon of an approxnnate date by which tnne construction on the unprovement will commence 1f 1t 1s detennmed 1hat sufficient funds exist to complete the proJect 7 A descnphon of each mterfund transfer or loan made from the account and when 1t will be repaid
8 ldentJficatJon of any refunds made once 1t 1s determmed that suffietent monies have been collected to fund all fee-related proJeCts
The City must make this mfonnation avatlab!e for pubbc reVJew and must also present 1t at the next regularly scheduled publtc meetmg not less than 15 days after tlus mfonnanon 1s made avatlable to thepubhc
For the fifth fiscal year followmg the first deposit mto the account or fund, and every five years thereafter, the City must make the followmg findings With respect to any remammg funds m the fee account, regardless of whether those funds are committed or unconmutted Identify the pwpose to which the fee 1s to be put
2 Demonstrate a reasonable relattonsh1p between the fee and the purpose for winch 1t 1s charged
Crty of Los Banos
Capital Faclhhes Fee 32
150
3 Identify all sources and amounts of fundmg anticipated to complete financmg any mcomplete IIllprovements
4 Designate the approximate dates on which funding m 1tem (3) above 1s expected to be deposited mto the fee account
As with the annual disclosure, the five-year report must be made pubhc within 180 days after the end of the City's fiscal year and must be reviewed at the next regularly scheduled pubhc meetmg Thes'e findmgs must be made by the City, otherwise, the law reqwres that the City refund the money on a prorated basis to the then current record owners of the development proJect D. Fee Credits or Reunbursements
The City may provide fee credits or possibly reimbursements to developers who dedicate land or construct facthtles Fee credits or reimbursements may be proVJded up to the cost of the lDlprovement, as shown man applicable miprovement plan, subJect to penodic mflatton adjustments, or the actual cost paid by the developer, whichever 1s lower For construct10n cost overruns, only that amount shown m the applicable improvement plan, subJect to penod1c mflatJon adjustments, should be credited or reimbursed The City will evaluate the appropnate fee credit orrermbursernent based on the value of the dedication or unprovement Cre<hts or re1D1bursements may be repaid based on the pnonty of the capital improvements, as determmed by the City In some cases, repayment for constructed fac1httes that have low pnonty may be postponed Fee credits and reimbursements will be detemnned by the City on a case-by-case basis E Interfund Transfers
It 1s recommended that the City adopt a pohcy that will allow for the transfer of fee revenues between fee funds Tins w1ll provide greater fundmg flex1b1hty and fac1htate the timely phasing of improvements by allowmg fees to be combmed and used as necessary All mterfund transfers must be repaid wtth mterest
C,ty of Los Banos
Capua/ Facibtres Fee 33
151
F. Inflatlon AdJustments
All fees calculated m thIS report are reflected m year 2006 dollars In addition to the penod1c adjustments ment10ned earber, the fees should be mflated each year by a predetermmed mdex, such as the Engmeenng News Record 20-City Construction Cost Index G ProJect Costs
Actual costs for a particular project may be more or less than the fee portion calculated for that proJect However, 1t IS expected that, on average, the amount collected will be appropnate for financmg the planned projects Fee adjustments will need to be made dunng penod1c updates for ddferences based on actual costs mcurred and revtsed cost estunates for remammg proJects Cay of Los Banos
Copltlll Fai:ulhU Fee 34
152

APPENDIXA
Capital Facilities Fee Program Calculations
153
TableA-1
Fee Summa~ for New Develo~meat m the Cttll of Los Banos l Residential Land Uses Non-Residential Land Uses
Vary-Low/Low Medium High
I
Density Density Dens,ty Commemaal Office Industrial
Fac1htyT)'pa (p..- Un,t) {perUn,t) (per Un<) (per Sq Fl} (per Sq FC) (porSq Fl) Police $2-'143,96 • $1 ai!:'36 $132866 $033 • $050 '$024 Fw,, Protedl0/1 ~00 '$64000 $38400 ,$0,32 ·$032 l{l32
Parl<')mprvvement $6 07984 $499§87 $3 599Ji,1, NIA" • NJA • NIA Community een'!er • ., $349 97 ""t287-81 $2072t. $0 06 $0'08 - ., .:,0 04 co1y8au $864 :i4 • $'rto 80" $5J:'l.78-~ - $0"13 '$019 $!)09 I Corporalloo Yard ' • $30361 S24riO $17971 . --, $0 os.~ $007, ., . ":lo Q4 Adm2!~~3%J $319 25 $26200: $18634 $003 - $602
j
$003.
1'olal $11(9&11"87 $8;9~-;w $&;397'82 $0 92 $'119 '•· $075 154
ResldantiaJ
Very-low/Low Density
Medium DMSl1y
High Dens,ty
Subtotal
Estunated Number of Jobe m the Crty
Resrdentral
Very-Low/Low Dens,ty
MedIumDensrty
H1ghDens,ty
Subtoiai
Non-Res1denba1
Commen:tal
Office
lndustnal
Subtotal
TableA-2
Land Uses
&,stmq Development at 111106
Future Development through 2020
Mm .EAR
6215 025
2665 030
26619 030
1ln!l!!
5 871
3,373
1,471
10714
ll!m!
4 510
2,591
1130
8,230
k..El
676 858
348316
3 478 594
35500 4 503,768
Total &,stmq & Future Development through 2020
BU11ftntial
Very-low/Low Density
Medium Density
H,ghOe11111ty
Subtotal
Estimated Number of Jobs ,n Iha City
.11.m!!
10,380
5 984
2,600
18944
1/ Populat10n numbers reflect a vacancy rate of 4 08% llflPlted to the number of eXISbng resldenllal umts 2/ Assumes an eMual groWlh rate of 4 00%
Sources City of Los Banos General PIM, 5119199, Ca/tfom,a Depa,tment of Finance 7 f2IL1l f.!fil1 l 21 006 373
9925 307
3,116 221
34048
7,777
f!!e.Jl UH 16 825 373
7950 307
2496_ 2.2-1
27 270
EmRIID!Hs ,!llilllAm
1554 25
1199 45
5590 21
8343
fmL.11 ffH
37 831 373
17,875 307
5,611 221
61,318
16,120
155
Table A-3a
Police Station and Animal Control Cost Calculation
Deve1opmantAs1umppon1 Year 2006 2010
Resident Populabon 34048 41424
Employee Resident Equrvalent Populahon 1 I 1852 2514
Total Penoono Served 35899 43938
Personnel Assum,ng Eiusbng Standard
Exosllng APrefarred Personnel per
Police stalling Personnel Staffing Standard 1K Persons Served Sworn Officer, 38 54 11
Noo>-Swom Peraonnol 22 22 06
Total Full-lime Employee Smfflng 60 16 17
Pohca Stabon FaClhhaa UmtCost Total Unota
Police Adm,nlstn,t,o,vOperebons Buoldmg S252/SF 32400SF Dolenloon Faatoty $500/SF 12800 SF
ServlceBmldmgo $105/SF 2700SF
SIio Developmenl $6/SF 30000 SF
LotSoze $15/SF 2acres
Olher Costs 21
Total Coat
Total P0l"'8 Slatoon Cost Allocated lo Elclsbng Development Total Po~ce Stabon Coot Allocated lo Futu"' Develo-1
Future P8'SOns Served
Polo:e stabOn Faalo- Cost per Porson Serted
Anunal Cpntrp1 Facallbll 31 !lnn.&ml Total Unit.

Office Space $221/SF 3050SF
Slon,ge Space $10li/SF 5700SF
Lot Size $15/SF 3 seres
Total Cost
Exosl1ng Persons Served
Animal Control FacdllHls Coot per Person Served
1/ 1 0 employee equals "PIJIO)Cllll8tl)' Q 2~ ,.,,ndenls for purposes of tins cafcllla!JOn 2/ Other costs include A E design fees topog,aphlc and boundary surveys matenal tealmg fumlhn9 lixlures and equipment enWDnmental study docLJTienta City staff and c:or,sultanl bmo and ccnlllrucllon management coslB costs were rntlaled to 2005 dolbn by the ENR CCI 3/ Bwldmg sozes represent 1he Crty s cutTent p18l'lmad space needs as plO'Jlded by the Pol,ca Department Source, C,ty of Los 881105 Los 881'/QlS Po/lee Deperrm,,nt MW/.t Archsteds Jnc Future
Persons Serwd
73TT
662
8,039
Preferred Standard
Personnel per
1K Pe.,,.,ns Serwd
15 06
21 I
Total Cost
$8164800
$6400000
$283500
$180000
$1306800
S3172000
S19507,100
$15 938 000
$3,5119100
8039
$444
Total Cost
$67405D
$598 500
$1960200
$3,232,750
35899
S90
156
TableA-3b
Pohce Vehicles and Equipment Cost Calculation
Future
p.velopment Assumpbpn$ You 2006 2010 Persons Served
RIIS1dent Poputatron 34 048 41424 73TI
I Empfoyea Resident Equ1Valent PopulebOn 11 1852 2514 662 Total Persons served 35199 "3938 8039 !
Existing Jlersonnel Assuming Existing Standard Pra'""9d Slandord Poltee APn,18ned P9rwonnel per Personne.l per
PobctStafflng Personnel Slllffln11 Standard 1K Persons Serwd 1K P•raona SeMd SwomQffic::ers 311 54 11 15
Non Swom Pel"BQl'1neJ 22 22 06 06
Total Fu! bme Employee Slafflng 60 76 17 21
Number of
E.o&bng Veh,clas and Equipfflllnl Un1ta.
u.- Pa1r01 Cars (unot E # of veh1dea) 26
Unmari<od Pa1rol Cars (uml = # of whldes) 9
SupportVah1cfu (un<t •# alvehtd85) 13
Suppor1 TraJlon, (untl •#of YehJCles) 2
Office Equipment (unit = # of worbtabons:) 29
F'Etsonal Duly Gear (uni! = II of Swom Qffiurs) 38 I Personal Duty Gear (llnrt c: # of Non Swom Personnel) 22 Elaatma Vehadn per Swam Offn:er
Merkod Patrol Car.; 0 88
U111TI81kedPatrolCars 024
Exl&bnv Veh1cSes and Eq,npmant per Fun Tune Empk,yee
Support Vehlcles 022
SupportTraolers 003
Office Equ,pmenl (workstabono) 048
Numborof Estlmatadeo.t Total
Calculahon olVeh1cles and Equ1-nt Under Iha P""9rml Standard Un,ts !!!Un,t Cool Mari<od Patn>t Cars (unrt • # of vetwctes) 37 $32515 $1197984 Unmorl<ed Patrol CIIS (unit= • of vehldes) 13 $15 000 $191 306 Support Ve"4des (urvl •#al vehlcles) 16 $15000 $246509
Suppor1 Trailers (uml • # olw~1cles) 2/ 3 NIA WA
Office Equlp!ll8fll (UNI C # "'_, 31 $3500 $1211311
Pa,.onat Duty Geer (unrt • II of SWom Officers) 54 $4 000 $215396 Po,acnal Duly Gear (urn! c II of Non SWom Personnel) 22 $500 s11 ooo I $1990506
EJaobng Persons Servod $35899
Vehicles ond Equipment Cost per Peroon llalved $5545
Numborol E.sbmated Cost Total
Add.lbon1I Equ1pmant Raqurremcnts Unllo J!!rUnrt Coot
Mcblle Dala Tem>tJ>als (MDT) @ I 0 per 0 5 Future SW<>m Officen, 3/ 1 $5000 $36174 Radio Tower Reoetver s11es 3 $20000 160 000
$96174
Future Persons Served $8039
Addlbonal Equipment Coat per Pcrsoh Served S11N
1/ 1 0 employee equals appt0Xlff'l81ely 0 24 resadents for purposes of ttus calculahon 'U The number of eupport lralleta t! unlikely lo increase 1n the near fUlure according to the Chief of Palace 31 MePUfe P Wlll fund tho purchase of MOT& for CXJ.9hng City vehictes and the 1ntel\Bnce of terminals but not the purchss. of MOTS tor future vehides Source& City of Los Elana< Los 8s'10$ Po/1"' Dep-1
157
Dav&Jgpmtnt Aaumbhons
' Resident Populal!On
Employee RM!denl Equivalent Po?Ulsbon 1/
T-1 Porsom Served
Poica Sblbon Faall1!es Cost per Pe/SQfl Se!V9d
Anmal COntml Faallt!es Cost per Person Served
Vehicles and Eqwpment Ccst per Pe/SOil Served
Add!bonal E(IU'l>ment Ccm per Pen;on served
Pohce Cost per Future Person So,ved
Fee Calcutouen
IWilllDllal
Ve/)'I..DWl\.ow Oensl1y
Medrum Oens,ty
High Dens!ly
Non:Revct,nhal
Commetaal
Office
lndU81nal
Table A-3c
Pohce Fee
Year
11 I O employee ,quota appn,,omate!y O 24 residents !or pu!JIO- of lhos calcolahon Soun:es Qty of I..Ds &nos Los Elano8 Poltce Deparlment
2006
34046
1852
35 899
Pensons per
Household
3 73
307
221
Sq R per
Emnlovoe
436
290
622
Future I 2010 Persons Served
41424 13n
2514 662
<13H8 8039 I
$44399
$9005
$5546
$119(;
$6014$
Cost per Impact Fee
Future Pereon .-. unrt
$60145 $2,243 96
$60145 $1 8"536
$60145 $1,3:ZU 66
Cost per Impact Fee
Futwe Em"'o- .. ,so Fl
$143 20 $033
$143 20 $050
$14320 $024
158
Table A-4a
Summary of Fire Protection Costs
Fire Station Costs
~
Cost of Lsnd per Sq Ft
Number of Acres Required for New Station
Subtotal
fogJl!)cCoats
Cost of New Station per Square Foot
Number of Square Feet Required for New Stabon
Sub!olal
~
Cost af Safely Gear and Un1rorm per Fire F,ghlef
Number ot Fn, Fighters
Sub!Olal
~
One New Engine
Equipment for EtogIne
One Resc\Je Ullll
Equipment for Relcue Unit
Ofllc:e Equipment
Trao,01g and Day Room Equipment
Sleepong Quarters
Kitcnen Suppl,es
Subtotal
Cost per Fire Slabon (mclurl1ng equipment)
Numbsr of FINI Sta1ions Needed to Sa,ve Future Development Total Ftre Stations Coat
Addrbonal Facalllles
Computer Aided Dtspatch
Mobile DataTemmals
Add1bonal Apperalus Storaga Bulld,ng at Slallon One
Tumoul Room at S!abon One
Red10 System Improvements
T"'"',ng Tower SIMI
Command Vehicle
Subtotal
Facrlltln CPU Suovnaey
Ftre Stat'°"" Cost
Addlbonal Facalrbes Cost
Net Fn1! Pnttactlon C-Allocated to futun, Devel-nt
1/ Equals fulure d91181opmanl • proporllonate share of Iha cos1 ol lhese lac,hbes Sources Ctty of Loo Bam» Loo Banos F,re Depatlmeot
Total
Cost
$50000
$90000
$65000
$15 000
$35000
$1305000
$45000
% Attnbutable to
Now DeYelopment 1/
45%
45%
45%
45%
45%
45%
100%
$850 !
$370 260
$300
3500
$1050000
S3500
6 $21 000
$340000
$45 ODO
$260000
$45000
$10 000
$4500
$6000
$5000
$715500
$2156760
3 $6,47028V
Coat Altnbuted to
New Development
$2l! 451
$40412
$29187
$8735
$15716
$585979
$45000
$745,48D
$6 470 280
$145480
$7,215,760
159
Pexelopment AcsumPttOns
Bullli.Dlw
Very-Low/low Density
MedlumOensrty
High DellSlty
Subtohl
Non:Ru1dcot,at
Comme,cu,I
Office
I lnduslnal
Su-I
New Bu1td1ng Squal1l Footage al Bu1ldout
Net Fire Protect,on Cost
I Fire Prolacllon Cost per Bu1ld1ng Squan, Foot
I fee CalculaMon
.Bulll!mlw
Very-Lawf\.Dw Dens,ty
MecbumDensrty
Htgh DenSlly
l tfoo:RH&dent&al
Comrnen:ial
Office
lnduslnal
Soun,e oty of Los Banos
TableA-4b
Fire Protection Fee
UNls
4510
2 591
1130
s=
Acrea
622
267
2662
3550
Average Building
~U.tNI Footagll'
HOO
2000
1200
Average Bu1ld1ng Totel Bulld,ng
Sguare fcotas:• Sguara Footaae I 2500 11274 075
2000 5,182 065
11 1200 1355605
- 17811745
Roor-to Area Rabo Total Building
[ ARI l!!l\J•r9Foolage
025 676 858
030 348 316
030 3478594
- 4,503768
22,315,513 I
$7 215 760
$032
Cost per Bulkl,ng I Impact Fee
Square Foot oorUnd
$032 $80000
$032 $64000
S032 $3840D
Impact fee
-s.. Ft
$032
$032
$032
160
Table A-5
Park Improvement Fee
Development As1umntaon1
I New FU1ure
Year 2006 2020 Residents
Reo1den1 Populabon 34 048 61318 27 270
I
Fte1l1hes AssumDboni
General Plan
Sblndard1
Park, Standards (At1'e5 ~r 1 000 RaldentsJ
No1ghbom00d Parlu; 150
c.mmunrty Parks 350
iugKJnal Pal1<B - Total 500
ParklrDP'PYftrTJftObi
Ne,ghborhood Park lmprovemen1 Cost per Acre $300000
Ccmmumty Park Improvement Cost per />ae $310000
AddrtJonal NeIghbomood Park Aae.age Requ1mt •I BuddoU1 (based on GP Slandards) 40 91 Ac!dt!Jonal Community Park Acreage Required at BuIldout (based on G P Standards) 9545 Total Add1bonal Park Aaeaga Req\.lmf at Bwldoul (based on GP Standards) 13635 Total Neighborhood Park Improvement Cost $12271616
Total CommuNty Parlt Improvement Cost $29 588229
Total Palk Improvement Coot $41859845
Bemabonal Faalll!RS
~Center $5800000
Proportional Alloca1Jon based on Res,dent Populallon of Aquall<: Cente, Cost Amount Allocalad ID E>osbng Developmen1 $3220 534
Amounl AlkK:eted ID Future Oevalopmant $2579466
Palk lmprovemeol Cool per Future Resident $153500
Land AcqUISlboo Cost per Future Res,oeot 1/ $0
Recreal!onal Faahtles Cost per Future Resident $95
Total Parle Improvement Cost per Future RHUlent $1,829 59 Fae Calculabon
Persons per Cost par Impact Fee
.Buullollal Household Future Pen.on - •Unrt
Ve,y-Low/1..ow Densrty 373 $162959 $6,079114
Medium llen511y 307 $162959 $4,91987
High Density 221 S1 62969 136111191
'""
1/ Land costs are not mduded as tand may be dedicated or acqu1mt with park ,n~Ieu fees Soun;es City of Los Banos City of Los Bano• Porl<.s Departmont Perl<. Bnd Rocreeton Master Plan 1999 Par/<. snd Recres/JOII Needs Updsls 161
I
I
I
TableA-6
Community Center Fee
D1l!!!h:n1ment A!iliummioni;
Year 2006 2020
Resident Populallon 34048 61318
Employee Resident-Equivalent Populallon 1/ 1852 3,838
Total Persons Served 35,899 65,156
Factlrt1es Assumot1ons
Planned Community Center Bu1ldmg Space (sq ft J
Esbmated Bu1ld1ng Construcbon Cost per Sq Ft
Total Bulidmg Construction Cost
Gross Total Communrty Center Cost
Less Existing Fund Balance
Net Total Community Center Cost
Pmportlonal Allocabon, based on Total Persons Served, of Commumty Center Cost Amount Allocated to EJOsbng Development
Amount Allocated to Future Development
Community Center Cost per Future Person Served
Fee Calculat,on
Persons per Cost per
Res,danbal Household Future Person
Very-Low/Low Density 3 73 $93 80
Medium Density 307 $9380
High Density 221 $93 BO
Sq Ft per Cost per
N0n-Res1denl!al Emolovee Future Emolovee I Commercial 436 $2233 Office 290 $2233
lndustnal 622 $2233
1/ 1 o employee equals approXJmately O 24 residents for purposes of this calculallon Source City of Los Banos
New Future
Residents I 27,270
1,987
29,257 I
22 000
$278
$6,116,000
$6,116,000
($4,225)
$6,111.ns
I $3,367,431
$2,744,344
$93 80
Impact Fee
...., Unrt
$34997
$287 81
I $207 22
Impact Fee
parSQ Ft
$006
$008
$004
162
II
'!
II
Dcve1Rll!ll!!n1 Ass11mRl111m
Resident Populabon
Employee Res1dent-Equ1valent Populabon 1/
Total Persons Served
Facalrtles Assumvttons
Exislmg Crty Hall Land Area 1ndud1ng Annex (sq ft)
TabJe A-7
City Hall Fee
Year 2006
34048
1,852
35,899
Exisbng City Hall Land Area 1ndudmg Annex, per Person Served (sq fl ) Estimated Land Acqu,sruon Cost per Sq Ft
Estimated Land Acqu1sIbon Cost per Person Served
Current City Hall Butldmg Space, including Annex (sq fl) Current City Hall Bu,ldrng Space, including Annex per Persons Served (sq fl ) 2020
61 318
3B38
65,156
i
Esbmated Bu~dlng Construc:IJon Cost, mclud1119 fumrture, fiX!Ures and equipment per Sq Ft Estimated Budding Construction Cost per Person Served
City Hall Cost per Future Person Served
I
Fee ca1cu1at19n
Persons per Cost per
Res1denti1I Household Future Person
I Very-low/Lu,, Density 373 $23167
Medium Densrty 307 $231 67
I H,ghOenSl!y 221 $231 67
I Sq Ft per Cost per
Non-Res,denbal Emolovee Future Emolovee
I
Commercial 436 $5516
Office 290 $5516
lndustnal 622 $5516
1/ 1 0 employee equals approXJmateiy O 24 residents for purposes of this calculabon Source C,ty of Los Banos
New Future
Residents
27270
1,987
29,257
52,509
146
$1500
$2194
19355
054
$389
$209 73
$231 f;r
Impact Fee
oer Un,t
$86434
$710 80
$511 78
Impact Fee
perSq Ft
$013 I $019
I $009
163
I'
I
Table A-8
Corporation Yard Fee
l211l!lls!l!!!ll!lll Allillml!t1ons
Year 2006 - Resident Populallon 34 048
Employee Resident-Equwalent Populabon 1/ 1852
Total Persons Served 35,899
Facdtbes AssumDt•ons
Planned Co,:poration Yard
Land Area (acres)
Office Space (sq ft )
Land Area (acres) Expected to Serve !tie Ex1stmg Fleet
Office Space (sq ft ) Expected to Serve the Exisbng Fleet Land Area (acres) Expected to Serve Future Development
Office Space (sq ft ) Expected to Serve Future Development Eslimated Cost of Office Space al $200 per Sq Ft
Esbmated Cost of Shop Budd,ng/Speoalized Covered Space
Esbmated Cost of Land AcqursrtJon
Total Esbmated Cost
Future Development's Share of the Esbmated Cost of Office Space 2020
61318
3838
65,158
Future Development's Share of the Estimated Cost of Shop Bu1ldIng/Specialrzed Covered Space Future Developments Share of the Esbmeted Cost of Land Acqu1s11lon Future·oevelopment's Shere of the Total Estimated Cost
Planned Corporation Yard Cost per Future Person Served
EIII Ca!culabon
Persons per Cost per
RestdeQbal Household Future Person
Ve,y-low/Low Density 3 73 $81 35
Medrum Density 3 07 $8135
High Density 2 21 $8135
Sq Ft per Co&t per
Non:Bes1dentral Emplovee Future Emolovee
Cornmerc111I 436 $1937
Office 290 $1937
tnduslnal 622 $19 37
1/ 1 0 employee equals approximately 0 24 residents for purposes of lhIs calculatron Source Qty of Los Banos
New Future
Residents

27.270
1,987
29,257
II
5 3200
25 2200
25 1 000
$640 000
$2860,000
$1 ,500,000
$5000000
$200 000 I
$1430 000
$750000
$2,380 000
$8135
Impact Fee
oar Unit
$30351
$249 6D
$179 71
Impact Fee
per Sq Ft
$0 05
$007
$0 04
164
RESOLUTION NO. 5119

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS ADJUSTING THE

DEVELOPMENT IMPACT FEES BASED ON THE

NEW ENGINEERING RECORD CONSTRUCTION
COST INDEX FOR 2009
WHEREAS, the City has adopted development impact fees by resolutions 4083, 4163, and 4786 for capital facIht1es related to new development, and WHEREAS, each of the foregoing resolutions provide for an annual adjustment to account for construction cost increases, and
WHEREAS, he foregoing resolutions provide that the basis for the annual adjustments be the National Average Construction Cost Index for the prior year as published m the Engineenng New Record, and
WHEREAS, the City has conducted a noticed pubhc heanng
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby by the City Council of Los Banos finds that the National Average Construciton Cost Index from October 2007 to October 2008 as rt was published 1n the Engineenng New Record and 1t has been calculated at a 7 2% increase, NOW, THEREFORE, BE IT FURTHER RESOLVED by the Crty Council of the City of Los Banos that 1t does 'hereby adJust the aforementioned development impact fees as set forth in Exh1b1t A-1, A-2, and A-3 attached hereto to take effect on May 4, 2009
The foregoing Resolution was introduced at a regular meeting of the Crty Council of the Crty of Los Banos held on the 4th day of March 2009, by Council Member Stone who moved its adoption, which motion was duly seconded by Council Member Sousa and the Resolution adopted by the following vote
AYES
NOES
ABSENT
ATTEST
Council Members Fana, Sousa, Stone, Villalta, Mayor Jones None
None

APPROVED
~f.~ Lucille L Mallonee, City Clerk
165
Tvne of Develocment
Per ctwellmg urut
Very Low/ Low Denady
Medium Density
HighDenSlly
Per square ft
Commercial
Office
lnduslnal
ExhibitA-1
2009 Adusted Development Impact Fees
(~lt4786adap'8d on 1IW4/2006 effectNetilD 12/03/2006)
Palk Corm1w11ly Corporation
Pola Fn - Ill Center Yad
2,55919 91239 8,93395 39913 34615
2,104.60 72991 5,70226 32824 28466
1,51531 43794 4,10563 23833 20498 . - . - - 038 036 . 007 006 057 036 . 009 008

02.7 036 - 005 005
3%.Admm
Cllv Hal Fee
98576 36410
81065 29881
56368 21252
- - 01$ 003
022 004
010 002
166
314• .1·
11/2"
'Z'
3"
4"
ExhibltA-2
2009 Water Development Fees
(Resolutlon 4183 lldopled on 12J20,'2000)
3,12713
9,22542
19,856 59
58,54024
126,08560
167
Exlliblt A • 3
2009 Public Facilities Fee
(~•4083 adOPled 01/052000)
Sl'lgle Famly o..lllrlg
Mulb-fallly Dwelq
Can11aaal Use·
Industrial Use"
•per~llllil@43dalelnllinlsperllCleof1118
562
562
562
562
2009 Storm Drainage Impact Fee
(ResaUoon ft411113llllo,cecl 01/05/2000)
- - - . . .: . • •- • - • I• •.~ •
SlngleFafflliyo.el lg
Mulb-F&llllly Dwdrlg
Cou neraal Use"
lndustnal u.e•
per~ Ullil@ 4 3 chieln9 PIiis per
a:reduse
2249
2249
2249
2249
2009 Wastewater Development Fees• ~ • 4083 8dOpllld 01/D!i/2000) ='1!?~
•sett,y ai89Cllll orlfal:IDrnlepelldentof anyolhm"fildDl'to nlMltlln pn.)'lltbe PIIYfflllllofCerdcalea of P8'11apaeon BRJBd bylh& City, eet in ReeoMlor,4083
2009 Park Development Impact Fees
(Reec:Uon ft4083 lldDplad 01/D5l2000)
5,89728
5,29043
4,34603
313035
I,+-
✓-
168
Traffic
Ula
Single Family Dwelling
Fast.Food
Super marlcel
Office Building
Light Industrial
lnctustnal
uae - LJght lnduSlnal
Heavylndustnal
lndustnal Park
Manufaclunng
Warehousing
M1m-warehouslna
__ Ula ,
Single F&m1ly
Aperlrnent
Condommlum
Mobile Home Park
Retnmenl Communitv
Use
l.m!lm!a
Hotel
Business Hotel
Motel
Use
bcndonal
GolfCourse
Move Theatre
Ratxiuet Club
Use
lftllibdional
Elementary School
High School
Church
Dey care Center
lJbnlrv
Use
l!tmiBI.

Hospllal
Nul'Slna Home
SIZ8
,BOO
3,500
50,000
60,000
100,000
200000
Exhtf:NtA-3 Conllnued)
2009 Traffic Impact Fees
{RelcUlan• 4083 lldoFlld O'I~
Ulllt
dwelbng
1,000
1,000
1,000
1,000
1,000
EDU/Unit
100
505
185
178
091
018
Fee
3,38085
58,74758
312,68310
361,02156
307,61253
121,692.40
Feel ft
188
1707
625
602
308
061
- &re Umt EDU/Unit Fee Fee /Sa ft
100,000 1,000 091 307,81253 308
200,000 1,000 018 121,89240 061
200,000 1,000 085 574,86046 287
80,000 1,000 070 189.29959 237
200,000 1,000 047 317,75368 159
80000 1000 0.15 4056461 051
Size Unit EDU/Unit Fee Fee /IQ ft
n/a 1 100 3,38085 n/a
n/a 1 061 2.06225 nfa
n/a 1 053 1,79094 n/a
n/a 1 055 1,85982 n/a
n/a 1 027 91234 nfa
SID Unit EDU/Unit Fee Fee/room
120 room 055 223,10388 1,85920
80 room 042 113,57975 1,419 75
120 room 043 17442665 1 453 56
Sim Unit EDU/Unit Fee Fee
18 hole 347 211,13808 11,72989
1,400 seat 005 236,62588 16902
50,000 1000 082 138.59.2 55 277
SIZl8 Unt EDU/Unit Fee Fee
1,000 student 001 33,80430 3380
2,500 student 012 1,014,107 94 40564
7,500 1,000 046 11,66218 155
3,500 1,000 387 45,78699 1308
15000 1,000 493 24997779 1667
Srze Unit EDU / Unit Fee Fee Jbed
250 bed 0 90 760,582 01 3,042 33
200 bed 1 50 101,411 50 507 06
169
Exhibit A - 3 Continued)
2009 Trfffic hnpact Fees (continued)
Use SIZ8 Unit EDU/Unit Fee Fee/SQ ft
21!!&!
0 - 50,000 sq ft 7,500 1,000 251 63,63592 848
50,001 - 100,000 sq ft 70,000 1,000 178 421,19228 602
100,001 - 150,000 sq ft 130,000 1,000 153 672,35372 517 150,001 - 200,000 sq ft 170,000 1,000 141 810,27139 477 200,001 - 300,000 sq ft 240,000 1,000 129 1,046,558 49 436 Medic:al - Dental Office 7500 1000 284 72.00160 960
Use SIZ8 Unit EDU/Umt Fee Fee /so ft
R-nsaBu1ldlng.....,....
0 - 20,000 sq ft 10,000 1,000 049 16,56407 166
OVer 20,001 sq ft 30,000 1,000 035 35,49403 118
Specialty Center 10,000 1,000 144 48,6TT24 487
Olsc0unt Store 10,000 1,000 086 29,07111 291
Hardware Store 6,000 1,000 054 10,95227 183
Nursery 2,500 1,000 046 3,88693 155
Shoppang Center - le88 than 100,000 sq ft 80,000 1,000 110 297,47138 372 100,001 • 200,000 sq ft 140,000 1,000 104 492,18033 352 200,001 - 500,000 sq ft 300,000 1,000 126 1,2n,n502 426 500,001 - 1 m1lhon sq ft 750,000 1,000 132 3,346,554 08 446 Quality Restaurant 6,000 1,000 292 59,22325 987
High Turnover Restaurant 3,500 1,000 311 36,79576 1051
Fast Food w/o dnve lhru 3,000 1,000 431 43,707 88 14 57 Fast Food wrlh dnve thru 3,000 1,000 505 51,211 82 1707 New car Sales 10,000 1,000 1 01 34,14168 341
AUl0motlvePal1sSales 5,000 1,000 154 26,02904 521
Gasoline/ SeMce Station 8 stabOn 110 29,74728 3,71841
Gasolrne / Serv /Conv 16 stabOn 1 01 54,62841 3,41415
Tire Store 7,500 1,000 144 36,50758 487
SuperMancet 35,000 1,000 185 218,87817 625
Convenience Market 24 hr 3,500 1,000 351 41,527 55 1187 Convenience Market < 24 ti 3,500 1,000 2 25 26,73895 764 Convenience w Gas Pump! 3,500 1,000 396 46,85116 13 39
Dulc:Ount Club 60,000 1,000 137 277,86525 463
EJectronlc Supersmre 15,000 1,000 155 78,59321 524
Ptiannacy / Drug no dnve It 15,000 1,000 133 67,438 50 450 Pharmacy/ Drug w dnve th1 15,000 1,000 182 92,28390 615 Fufflllu11t Store 10,000 1,000 025 8,45143 085
Walk in Bank 7,500 1,000 809 205,10314 2735
Dnve ,nBank 7500 1000 989 25073831 3343
-----····--
170
Exl11bd A- 3 Continued)
2009 Pollce Impact Fees
(Resolubon # 4088 adopled 01/05l2000)
Police lmoact Fee bv Detailed Uses
~
Single Family DweU1ng n/a dwelhng
Fast Food 3,500 1,000
Super market 50,000 1,000
Office Butld1ng 7,500 1,000
Light lnduatnal 100,000 1,000
Heaw lndustnal 200000 1000
\P~'Ui!<~~-- ..... ,.;'3.L'biitta.:
lndustnal
Lrght lndustnal 100,000 1,000
Heavy lndustnal 200,000 1,000
lnclu&tnal Park 200,000 1,000
Manufac:lunng 80,000 1,000
Warehousmg 200,000 1,000
M1ni-warehous1na 80,000 1000
-~ -,.,~-~-~~-~· J,~;..~
Resident.nil
Single Family
Apartment
Condom1nrum
Mobile Home Park
Rebrement Conmun1tv
Lqdq1ng
Hotel
Busmess Hotel
Motel
'3eclNlloD1l
Golf Course
Movre Theatrll
Racauet Club
inabtutlonal
Elementary School
High School
Church
Day Care Center
Libra
MISla!
Hospital
Nursing Home
Co ate care
\,.
n/a
n/a
n/a
n/a
n/a
38,016
25,344
38016
5,000
15,000
50000
1,000
2,500
7,500
3,500
15000
120,000
62,400
65000
1 1
1 1
1 sq ft
sq ft
ft
sq ft
1,000
1000
student
student
1,000
1,000
1000
sq ft
sq ft
ft
~ ~- 100 1,14569
505 3,42444
185 17,917 81
251 3,84854
091 17,626 82
018 897397
-· •=- ... "'
091 17,626 82
018 6,97397
085 32,92992
070 10,846 83
047 18,20881
015 232512
--,·~..:...:ii_
1 OD
061
053
055
027
055
042
043
347
110
082
0 01
012
046
387
493
0 90
015
007
1,14569
69866
60729
62978
30927
4,04999
2,06225
316718
3,36118
3,19669
7,94254
n/a
rJa
66773
2,62315
n/a
20,920 51
1,81342
88141
.. """"
.
-
n/a
0978
0358
0486
0178
0035
-·
0176
0035
0165
0136
0091
0029
-
·---- n/a
n/a
n/a
nfa
nfa
0107
0081
0083
, ·o
0672
0213
0159
n/a
n/a
0089
0749
nla
0174
0029
0014
---------------
171
_Qt
Oflice
0 - 50,000 sq ft
50,001 - 100,000 sq ft
100,001 -150,000 sq ft
150,001 • 200,000 sq ft
200,001 • 300,000 sq ft
Medical - Dental Office
,-..,,, - Rabul§!l!!
Bu1lcl1ng Mlltenala
0 - 20,000 eq ft
Over 20,001 sq ft
Specialty Center
DISCOUnt store
Hardware Store
Nursery
Shopping Center
less than 100,000 sq ft
100,001 -200;000 sq ft
200,001 - 500,000 sq ft
500,001 -1 million sq ft
Quality Restaurant
High Tumover Restaurant
Fast Food w/o dnve lhru
Fast Food with dnve lhru
New Car Sales
Automotive Parts Sales
Gasoline/ Sel'VICe Stabon
Gasoline / Serv /Conv
TrreStore
Super Market
Convenience Market 24 hr
Convenience Market< 24 hr
Convenience w Gaa Pumps
Discount Club
Eleclronrc Supenrtore
Pharmacy/ Drug no dnve lhru
Pharmacy I Drug w dnve thru
Fumrture store
WalkmBank
Dnve rn Bank
Exl11bll A• 3 Contmued)
2009 Police Impact Fees (continued)
5,000 1,000 2 51 2,43055 0486
20,000 1,000 251 9,72364 0486
70,000 1,000 178 24,13548 0345
130,000 1,000 153 38,52765 0296
170,000 1,000 141 46,43083 0273
240,000 1,000 129 59,97111 0250
7500 1000 251 364654 0486
,, .·11,: "- , .. -· - ;.~
10,000 1,000 049 94689 0095
30,000 1,000 035 2,03413 0068
10,000 1,000 144 2,789 02 0279
10,000 1,000 086 1,66583 0167
8,000 1,000 054 82897 0104
2,500 1,000 046 22211 0089
- 80,000 1,000 110 17,046 25 0213
140,000 1,000 104 28,203 75 0201
300,000 1,000 128 73,220 39 0244
750,000 1,000 132 191,78810 0256
8,000 1,000 292 3,39351 0586
3,500 1,000 311 2,10863 0602
3,000 1,000 4 31 2,50506 0835
3,000 1,000 505 2,93523 0978
10,000 1,000 1 01 1,956 82 0196
5,000 1,000 154 1,49152 0298
2,500 1,000 110 1,215 98 0486
2,500 1,000 1 01 2,44602 0978
7,500 1,000 144 2,091 77 0279
35,000 1,000 185 12,54219 0358
3,500 1,000 351 3,42444 0978
3,500 1,000 226 3,42444 0978
3,500 1,000 396 3,42444 0978
80,000 1,000 137 15,92304 0285
15,000 1,000 155 4,504 05 0300
15,000 1,000 133 3,86443 0258
15,000 1,000 182 5,28847 0353
10,000 1,000 025 48359 0048
7,500 1,000 809 11,753 55 1587
7500 1000 989 14 36826 1916
- - ----------------------------····---·•····-·------
172
Smgle F8lllly Dwelling
FastFood
Super market
Office BUlldlng
l.ightlnduslnal
lndustnal
Use
l!!lld&lllal
Light lndustnal
Heavylndustnal
lndustnal Park
~
Manufaclunng
Use
Reeicleldi!!
Smglefamdy
Apartment
Condomlnwm
-
Mobile Horne Park
RetirementU8e
1~
Hotel
BualesSHotel
Mole!
Use
Rac:l!llllnl
GolfCoulse
Movie Theatre
Club
Use' -'
lnatibdlonal
Elementary School
High School
Church
Day Care Center
U:Narv
MIiia}
Hospital
NU1U19Home
- care
Exlubd A • 3 Continued)
2009 Fire Impact Fees
(ResoMlon•«l83adoplldOW5/'lOOO)
SIZB
n/a
3,500
50,000
7,500
100,000
200000
l:IICSIJ Slze
100,000
200,000
200,000
80,000
200,000
80000
Size .
n/a
n/a
nla
nla
nla
Sa
38,016
25,344
38016
Sm,
5,000
15,000
50000
- 1,000
2,500
7,500
3,500
15000
Sa
120,000
62,400
85,000
Unit
dwelling
1,000
1,000
1,000
1,000
1000
Unit
1,000
1,000
1,000
1,000
1,000
1,000
Unit
1 1
1 1
1 lint
sq ft
sq ft
6Q ft
Unit·
sq ft
1,000
1000
Unit
student
student
1,000
1,000
1000
.Und
sq ft
sq ft
SCI ft
EDU/Unit
100
505
185
251
091
018
EDU/Unt
091
018
085
070
047
015
EDU/Unit
100
061
053
055
027
EDU/Unit
055
042
043
EOU/Und
347
110
082
EDU/Unit
001
012
0-46
387
493
Fee
1,21317
4,61230
24,136.90
4,91172
23,74610
939328
Fee
23,74610
9,39328
44,36015
14,61287
24,52910
313063
Fee
1,21317
73943
64244
86773
35112
Fee

5.455 75

2.mTB
4 265 08
Fee
4,52796
4,30585
1069924
Fee
n'a
n/a
89968
3,53407
nla
EDU/ Unit Fee
0 90 28,181 27
015 2,44180
0 07 118787
Fee ft.
n/a
1318
0483
0655
0237
0047
Fee /la ft.
0237
0047
0222
0183
0123
0039
Fee /la ft.
nla
nla
nla
nla
n/a
Fee lm ft.
0144
0110
0112
Fee
0906
0287
0214
Fee
n/a
n/a
0120
1010
n/a
FeeJbed
0235
0039
0018
173
Exhibit A- 3 Continued)
Z009 Fire lnmact Fees (continued)
Use SIZII Unit EDU/~ Fee Fee tsa. ft.
ggg
0 - 50,000 sq ft 5,000 1,000 251 3,27541 0656
20,000 1,000 251 13,09887 0656
50,001 - 100,000 sq ft 70,000 1,000 178 32,51381 0484
100,001 - 150,000 sq ft 130,000 1,000 153 51,90064 0399 150,001 - 200,000 sq ft 170,000 1,000 141 62,54787 0368 200,001 - 300,000 sq ft 240,000 1,000 129 80,78760 0337 MedJCal • Dental Office 7500 1000 251 491172 0655
Use &re Unit EDU/Unt Fee Fee 191l ft.
..,_,.;,...,.,_
Building liat.na
0 - 20,000 sq ft 10,000 1,000 049 1,27924 0128
Over20,001 sq ft 30,000 1,000 035 2,73983 0091
Specaalty Center 10,000 1,000 144 3,75760 0376
Discount Store 10,000 1,000 086 2,24359 0224
Hardware Store 6,000 1,000 054 84486 0141
Nursery 2,500 1,000 046 29943 0120
Shoppma C.ntar - less than 100,000 sq ft 80,000 1,000 110 22,96308 0287 100,001 - 200,000 sq ft 140,000 1,000 104 37,99346 0271 200,001 - 500,000 sq ft 300,000 1,000 126 98,83512 0329 500,001 - 1 m1ll10n sq ft 750,000 1,000 132 258,33082 0344 Quality Res1aurant 6,000 1,000 292 4,57153 0782
High Turnover Restaurant 3,500 1,000 311 2,841 04 0812
Fast Food w/o dnve thru 3,000 1,000 431 3,37382 1125
Fast Food With dnve thru 3,000 1,000 505 3,95300 1318
New Car Sales 10,000 1,000 1 01 2,63580 0264
IA,!._ •• __ ,_ Parfs Safes 5,000 1,000 154 2,00882 0402 Gasollne / SeMce Station 2,500 1,000 110 1,63771 0655
Gasoline / Serv /Conv 2,500 1,000 1 01 3,29370 1317
TnStore 7,500 1,000 144 2,81855 0376
Super Mar1tel 35,000 1,000 185 16,895 82 0483
COnvemenoe Mtutcet 24 hr 3,500 1,000 351 4,61230 1 318
Converllence Market< 24 hr 3,500 1,000 226 4,61230 1 318 Converuence w Gas Pumps 3,500 1,000 396 4,61230 1318
Dlacount Club 60,000 1,000 137 21,44909 0357
Electroruc Superstore 15,000 1,000 155 6,06726 0404
I Drug no dm,e lhru 15,000 1,000 133 5,20553 0347
Pharnaq' I Drug w drrve ttvu 15,000 1,000 182 7,12298 0475 Furniture Store 10,000 1,000 025 65228 0065
Walk in Bank 7,500 1,000 809 15,83307 2111
Dnve111Bank 7.500 1000 989 19,35590 2581
- ---------------- -----·-·- -- -·------ --· ----------- - - --- / ,,,_ ,....!.__ 174
RESOLUTION NO. 6163

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS ADOPTING A
DEVELOPMENT . IMPACT FEE JUSTIFICATION

STUDY FOR THE CITY OF LOS BANOS AND

REVISING DEVELOPMENT IMPACT FEES FOR

ALL DEVELOPMENT WITHIN THE CITY OF LOS
BANOS
WHEREAS, the Land Use Element of the City of Los Banos' (hereinafter "City'') 2030 General Plan update "requires new development to pay its proportionate share of the costs of public infrastructure, services, and transportation facilities. This shall include parks, fire, and police stations, schools, utilities, roads, and other needed infrastructure"; and WHEREAS, to help finance needed public facilities within the City, the City has adopted Ordinances to establish appropriate development impact fees pursuant to Government Code sections 66000 et seq; and
WHEREAS, the City has not updated or revised Its development impact fee program since October of 2006; and
WHEREAS, in accordance with policies established in the 2030 General Plan update, staff has taken ~teps to conduct a comprehensive review of the City's development impact fees to determine whether those fees are adequate to defray the cost of public facilities related to the development project; and
WHEREAS, DTA (previously known as David Taussig & Associates, Inc.) was engaged by the City to prepare an updated AB 1600 Fee Justification Study; WHEREAS, as a part of the update effort the City has held a number of stakeholders workshops attended by interested community members and the development community; and
WHEREAS, DT A. has prepared a report, entitled Development Impact Fee Justification Study, dated December 31, 2019, attached to this Resolution as Exhibit "A", attached hereto and incorporated herein by this reference, that calculates the maximum fee levels that may be imposed on new development and sets forth the nexus/basis for the imposition of the fees on new development; and
WHEREAS, the Development Impact Fee Justification Study has been available for public review and comment: and
WHEREAS, the City has complied with the notice requirements of the California Government code sections 66016 and 66018; and
WHEREAS, the City Council held and conducted a public hearing on January 15, 2020, in accordance with applicable public notice, to review and consider the Development lmpsct Fee Justification Study, and the updated Development Impact Fee Schedule.

NOW, THEREFORE, in accordance with the provisions of the California Government Code section 66000 et seq., the City ·council of the City of Los Banos, after review of the record and consideration of all testimony and evidence presented at the public hearing, hereby finds, declares, and resolves as follows:

SECTION 1. Findings pursuant to California Government Code section 66001.

The City Council using its independent judgmeht finds and detennines that the Development- Impact Fee Justification Study prepared by DT A and dated December 31, 2019, complies with California Government Code section 66001 by establishing the basis for the imposition of fees on new development in that the Development Impact Fee Justification Study:
1 175
(a) Identifies the purpose of the fee;
(b) Identifies the use and the public facilities to which the fee will be put; (c) Shows a reasonable relationship between the use of the fee and the type of development project on which the fee is imposed;
(d) Demonstrates a reasonable relationship between the need for the public facilities and the type of development projects on which the fee is imposed; and (e) Demonstrates a reasonable relationship between the amount of the fee and the cost of the public facilities or portion of the public facilities attributable to the development on which the fee is imposed.

SECTION 2. CEQA Finding. The adoption of this Resolution does not propose any changes to City policies or regulations that would result in a direct or indirect physical environmental impact; therefore it has been determined that the adoption of this Resolution is covered by the general rule that the California Environmental Quality Act applies only to projects which have the potential for causing a significant effect on the environment pursuant to CEQA guidelines section 15061(b)(3) and is not subject to environmental review. Alternatively, the adoption of this Resolution contemplated as a subsequent implementation measure to address impacts on public facilities contemplated in the Los Banos 2030 General Plan Program Environmental Impact Report (SCH #2006121055)("GP Program EIR") and the Los Banos General Plan Land Resources Amendment Subsequent EIR (SCH #2016051033)("GPA SEIR"), and are generally consistent with the anticipated public facilities contemplated in thE! GP Program EIR/GPA SEIR; therefore it has been determined that this Resolution falls within the scope of the project covered by the GP Program EIR/GP SEIR pursuaht to CEQA guidelines section 15162 and is not subject to further environmental review.

SECTION 3. Adoption of Development Impact Fee Justification Study. The Development Impact Fee Justification Study attached hereto as Exhibit "A" is hereby approved and adopted.

SECTION 4. Adoption of Development Impact Fees. The Development Impact Fee Schedule attached hereto as Exhibit "B" is hereby approved and adopted. The amount of the development impact fees shall be modified annually each July 1 based on the change in the Engin~ring News Record's construction cost index as reported for the twelve-month period ending in April of each year.

SECTION 5. Deposit of Fees. The Development Impact Fees collected shall be placed in an individual interest bearing account, or multiple accounts, established for the purpose of tracking the fee revenue and expenses separately.

SECTION 6. Fees for Uses Consistent with the Study. The fees collected pursuant to this Resolution shall be used to finance the public facilities described or identified in the Development Impact Fee Justification Study, or on (any) facility which serves a similar function and purpose as those facilities identified on the Study.

SECTION 7. General Plan Consistency. The City Council finds that the projects and fee methodology identified in the Development Impact Fee Justification Study are consistent with the City's General Plan.

SECTION 8. Imposition and Payment of Fee. Development impact fees shall be imposed upon the issuance of any development permit and shall be paid prior to issuance of any certificate of occupancy for the project, or at such earlier time as permitted by Government Code Section 66007. A "development permit" means any permit or approval from the City, including, but not limited to, a development plan, conditional use permit, tentative subdivision map, parcel map, building permit, or other permit for construction or reconstruction.

SECTION 9. Application of Fee to Pending Projects. The fee amounts adopted by this Resolution shall become effective sixty (60) days from the date of adoption of this Resolution. An application for any development permit that (1) has been received by the City prior to the effective date of this Resolution, and (2) has been deemed complete by the 2 176
City's Community and Economic Director prior to the effective date of this Resolution, shall be subject to the fees that applied prior to the effective date of this Resolution.

SECTION 10. Reimbursements.
(a) Development Impact Fee reimbursements will be available to developers who fund construction of eligible Facilities. The City shall determine which Facilities will be eligible for developers to construct. Facilities must meet City standards for acquisition projects in order to be eligible for Development Impact Fee reimbursements. Developers will be responsible for complying with all applicable laws, codes, and regulations relating to contracting and construction procedures for publicly funded public works projects. (b) Developers will be eligible for Development Impact Fee reimbursements up to one (100%) percent of the applicable Development Impact Fees. Fee reimbursements will be available for the Facility cost up to the lesser of (1) the cost shown in the Nexus Study and (2) actual construction cost of the eligible Facilities. Development Impact Fee reimbursements will be adjusted annually in the same manner as the Development Impact Fees. The City, in its sole discretion, shall be responsible for determining the fee reimbursement amount.
(c) To obtain fee reimbursements, the Facilities must meet all City standards and criteria. The City maintains the flexibility to allocate fee reimbursements in a manner it ~~~ .
. (d) Additional reimbursements will be due to developers who finance Facilities in excess of their fair share of the cost of these Facilities. (e) To obtain reimbursements, developers must enter into a reimbursement agreement with the City. Reimbursements will be paid only after the City's acceptance of the Facilities. Reimbursements are an obligation payable only from the Development Impact Fee program funds and not an obligation of the ~ity's general fund.

SECTION 11. Effective Date. The fees provided in this resolution shall be effective sixty (60) days from the date of adoption of this resolution.

SECTION 12. Severability. The City Council hereby declares that should any one or more of the fees established by this Resolution or any portion of this Resolution be declared for any reason to be invalid, it is in the intent of the City Council that it would have adopted all other fees and portion of this Resolution independent of the elimination therefrom of any such fee or such portion as may be declared invalid.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the January 15, 2020, by City Council Member Lewis, who moved its adoption, which motion was duly seconded by City Council Member Jones, and the Resolution was adopted by the following vote:

AYES:

NOES:

ABSENT:

ATTEST:

Council Members Johnson-Santos, Jones, Lewis, Mayor Villalta None
Council Member Faria
-£~-/.~
Lucille L. Mallonee, City Clerk
3 177

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EXHIBIT "A"

DEVELOPMENT IMPACT FEE JUSTIFICATION STUDY
Dated December 31, 2019
6 179

THIS PAGE IS INTENTIONALLY LEFT BLANK
180
RESOLUTION NO. 6163

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS ADOPTING A
DEVELOPMENT . IMPACT FEE JUSTIFICATION

STUDY FOR THE CITY OF LOS BANOS AND

REVISING DEVELOPMENT IMPACT FEES FOR

ALL DEVELOPMENT WITHIN THE CITY OF LOS
BANOS
WHEREAS, the Land Use Element of the City of Los Banos' (hereinafter "City") 2030 General Plan update ·requires new development to pay its proportionate share of the costs of public infrastructure, services, and transportation facilities. This shall include par1<s, fire, and police stations, schools, utilities, roads, and other needed infrastructure"; and WHEREAS, to help finance needed public facilities within the City, the City has adopted Ordinances to establish appropriate development impact fees pursuant to Government Code sections 66000 et seq; and
WHEREAS, the City has not updated or revised its development impact fee program since October of 2006; and
WHEREAS, in accordance with policies established in the 2030 General Plan update, staff has taken steps to conduct a comprehensive review of the City's development impact fees to determine whether those fees are adequate to defray the cost of public facilities related to the development project; and
WHEREAS, DTA (previously known as David Taussig & Associates, Inc.) was engaged by the City to prepare an updated AB 1600 Fee Justification Study; WHEREAS, as a part of the update effort the City has held a number of stakeholders workshops attended by interested community members and the development community; and
WHEREAS, DT A. has prepared a report, entitled Development Impact Fee Justification Study, dated December 31, 2019, attached to this Resolution as Exhibit "A", attached hereto and incorporated herein by this reference, that calculates the maximum fee levels that may be imposed on new development and sets forth the nexus/basis for the imposition of the fees on new development; and
WHEREAS, the Development Impact Fee Justification Study has been available for public review and comment; and
WHEREAS, the City has complied with the notice requirements of the California Government code sections 66016 and 66018; and
WHEREAS, the City Council held and conducted a public hearing on January 15, 2020, in accordance with applicable public notice, to review and consider the Development Impact Fee Justification Study, and the updated Development Impact Fee Schedule.

NOW, THEREFORE, in accordance with the provisions of the California Government Code section 66000 et seq., the City Council of the City of Los Banos, after review of the record and consideration of all testimony and evidence presented at the public hearing, hereby finds, declares, and resolves as follows:

SECTION 1. Findings pursuant to California Government Code section 66001 .

The City Council using its independent judgment finds and determines that the Development Impact Fee Justification Study prepared by OTA and dated December 31, 2019, complies with California Government Code section 66001 by establishing the basis for the imposition of fees on new development in that the Development Impact Fee Justification Study.
1 181
(a) Identifies the purpose of the fee;
(b) Identifies the use and the public facilities to which the fee will be put; (c) Shows a reasonable relationship between the use of the fee and the type of development project on which the fee is imposed;
(d) Demonstrates a reasonable relationship between the need for the public facilities and the type of development projects on which the fee is imposed; and (e) Demonstrates a reasonable relationship between the amount of the fee and the cost of the public facilities or portion of the public facilities attributable to the development on which the fee is imposed.

SECTION 2. CEQA Finding. The adoption of this Resolution does not propose any changes to City policies or regulations that would result in a direct or indirect physical environmental impact; therefore it has been determined that the adoption of this Resolution is covered by the general rule that the California Environmental Quality Act applies only to projects which have the potential for causing a significant effect on the environment pursuant to CEQA guidelines section 15061 (b)(3) and is not subject to environmental review. Alternatively, the adoption of this Resolution contemplated as a subsequent implementation measure to address impacts on public facilities contemplated in the Los Banos 2030 General Plan Program Environmental Impact Report (SCH #2006121055)("GP Program EIR") and the Los Banos General Plan Land Resources Amendment Subsequent EIR (SCH #2016051033)("GPA SEIR"), and are generally consistent with the anticipated public facilities contemplated in the GP Program EIR/GPA SEIR; therefore it has been determined that this Resolution falls within the scope of the project covered by the GP Program EIR/GP SEIR pursuant to CEQA guidelines section 15162 and is not subject to further environmental review.

SECTION 3. Adoption of Development· Impact Fee Justification Study. The Development Impact Fee Justification Study attached hereto as Exhibit "A" is hereby approved and adopted.

SECTION 4. Adoption of Development Impact Fees. The Development Impact Fee Schedule attached hereto as Exhibit "B" is hereby approved and adopted. The amount of the development impact fees shall be modified annually each July 1 based on the change in the Engin~ring News Record's construction cost index as reported for the twelve-month period ending in April of each year.

SECTION 5. Deposit of Fees. The Development Impact Fees collected shall be placed in an individual interest bearing account, or multiple accounts, established for the purpose of tracking the fee revenue and expenses separately.

SECTION 6. Fees for Uses Consistent with the Study. The fees collected pursuant to this Resolution shall be used to finance the public facilities described or identified in the Development Impact Fee Justification Study, or on (any) facility which serves a similar function and purpose as those facilities identified on the Study.

SECTION 7. General Plan Consistency. The City Council finds that the projects and fee methodology identified in the Development Impact Fee Justification Study are consistent with the City's General Plan.

SECTION 8. Imposition and Payment of Fee. Development impact fees shall be imposed upon the issuance of any development permit and shall be paid prior to issuance of any certificate of occupancy for the project, or at such earlier time as permitted by Govemmerit Code Section 66007. A "development pennit" means any permit or approval from the City, including, but not limited to, a development plan, conditional use permit, tentative subdivision map, parcel map, building permit, or other permit for construction or reconstruction.

SECTION 9. Application of Fee to Pending Projects. The fee amounts adopted by this Resolution shall become effective sixty (60) days from the date of adoption of this Resolution. An application for any development penmit that (1) has been received by the City prior to the effective date of this Resolution, and (2) has been deemed complete by the 2 182
City's Community and Economic Director prior to the effective date of this Resolution, shall be subject to the fees that applied prior to the effective date of this Resolution.

SECTION 10. Reimbursements.
(a) Development Impact Fee reimbursements will be available to developers who fund construction of eligible Facilities. The City shall determine which Facilities will be eligible for developers to construct. Facilities must meet City standards for acquisition projects in order to be eligible for Development Impact Fee reimbursements. Developers will be responsible for complying with all applicable laws, codes, and regulations relating to contracting and construction procedures for publicly funded public works projects. {b) Developers will be eligible for Development Impact Fee reimbursements up to one (100%) percent of the applicable Development Impact Fees. Fee reimbursements will be available for the Facility cost up to the lesser of (1) the cost shown in the Nexus Study and (2) actual construction cost of the eligible Facilities. Development Impact Fee reimbursements will be adjusted annually in the same manner as the Development Impact Fees. The City, in its sole discretion, shall be responsible for determining the fee reimbursement amount.
(c) To obtain fee reimbursements, the Facilities must meet all City standards and criteria. The City maintains the flexibility to allocate fee reimbursements in a manner it chooses. ·
_ (d) Additional reimbursements will be due to developers who finance Facilities in excess of their fair share of the cost of these Facilities. (e) To obtain reimbursements, developers must enter into a reimbursement agreement with the City. Reimbursements will be paid only after the City's acceptance of the Facilities. Reimbursements are an obligation payable only from the Development Impact Fee program funds and not an obligation of the City's general fund.

SECTION 11. Effective Date. The fees provided in this resolution shall be effective sixty (60) days from the date of adoption of this resolution.

SECTION 12. Severability. The City Council hereby declares that should any one or more of the fees established by this Resolution or any portion of this Resolution be declared for any reason to be invalid, it is in the intent of the City Council that it would have adopted all other fees and portion of this Resolution independent of the elimination therefrom of any such fee or such portion as may be declared invalid.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the January 15, 2020, by City Council Member Lewis, who moved its adoption, which motion was duly seconded by City Council Member Jones, and the Resolution was adopted by the following vote:

AYES:

NOES:

ABSENT:

ATTEST:

Council Members Johnson-Santos, Jones, Lewis, Mayor Villalta None
Council Member Faria
APPROVED:

Lucille
~
L. Mallonee,
t. ~
City Clerk
3 183

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EXHIBIT"A"

DEVELOPMENT IMPACT FEE JUSTIFICATION STUDY
Dated December 31, 2019
6 185

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187

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188
www.FlnanoeDTA.com
99 Almaden Blvd, Suite 875
San Jose, CA 95113

A DEVELOPMENT IMPACT FEE
JUSTIFICATION SnJDY
PREPARED FOR:

PREPARED BY:

OTA
99 Almaden Blvd, Suite 875
San Jose, California, 95113
IN ASSOCIATION WITH:

TJKM Transportation Consultants
2055 Gateway Plaza, Suite 400
San Jose, California 95110
189
TABLE

OF CONTENTS
EXECUTIVE SUMMARY .... ----· ---...... 1
I INTRODUC'llON ........... -·------··· ----····· .. 3
D LEGAL REQUIREMENTS TO JUSTIFY DEVEl.OPMENT
IMPACT FEES. .......... ·-··---•.--•···----· ............... S m DEMOGRAPHICS ..... - ...... - ........ __ ,,--,.·---·-··"···9 IV 11fE NEEDS UST .......... ·-···--··-··-·-··------··--14 V MEn-lODOI.OGY USED TO CALCUU.TE PEES ..... --........ 18 A. FIRE FAcnrrtES ........ _ ................................... 22

8. Pouca FAClUTIES ........................................ 25 C. PARK FACIU11ES ............ ·--····-········--···· ....28 D. WATER FACIUTIES ........................................ 32 E. SEWER FACIU11ES ......................................... 35 F. SToRM DRAINAGE FACIU11ES ....................... 39
G. TRAmc FACILITIES ....................................... 42 H. G!NERAL G0YERNM£NT FACRmES .............. 45

APPENDICES
Appendix A: Fee Derivation Worksheets
Appendix B: 2019 Needs List
190

EXECUTIVE SUMMARY
www Finan(:(IDTA com
In order to adequately plan for new development and tdentlfy the public fac:illties and costs associated with mtttgatlng the dlrect and cumulative tmpacts of new development, OTA (previously known as David Taussig & Associates, Inc.) was engaged by the Oty of l.os Banos (the •aye) to prepare an updated AB 1600 Fee Justification Study (the ,=ee Study-). The Fee Study is intended to comply with Section 66000 et seq. of the Caovemment Code, which was enacted by the State of califomta in 1987, by tdentifying additional public factllties required by new development ("future 'Facl1lttes") and determining the level of fees that may be lmposed to pay the costs of the Future 'Fadlttles. The Future Fac:Olties and anociated construction costs are Identified in the Needs list, which is included tn Section IV of the Fee Study. A description of the methodology used to ca1cl.date the fees is included tn Section V. All new development may be yequirecl to pay its "fair share" of the cost of the new infrastructure through this development fee progl 811 L

ORGANIZATION O'F THE REPORT
Section I of this report provides an introduction to the Fee Study including a brief deScription of areas sunoundtng the Oty and background infonnation on development fee financing. Section n provides an overview of the legal requirements for implementing and imposing the fee amounts identified In the 'Fee Study. Section m includes a discusston of projected new development and demand variables such u future population and employment, assumtng current growth trends tn housing, retaO, office. industrial. and institutional development extrapolated through bulldout in 2038. Projections of future development are based on data provided by the City of Los Banos and the Calttomta Department of Plnance. Demographic Research Unit. Sectian IV includes a description of the Needs Ust. which tdentifies the factlittes needed to seJVe new development through buildout tn 2038 that are eligible for funding through the impact fee program. The Needs List provldes the total estimated facffltles costs, offsetting revenues, net costs to the City, and costs allocated to new development for all factltttes listed tn the Needs List. This list is a compilation of projeets and costs identified by various City departments. Section V discusses the findings required under the Mitigation Fee Act. and requirements necessary to be satisfied when establishing, increasing, or imposing a fee as a condition of new development, and satisfies the nexus requirements for each facllity included as part of this study. Section V also contains the description of the methodology used to determine the fees for all fact1tty types. 'AnaDy, Section VI includes a summary of the proposed fees justified by this Fee Study. Appendix A Includes the calculations used to determine the various fee levels.

IMPACT FEE SUMMARY
The total fee amounts required to finance new development's share of the costs of facilities identifi.ecl in the Needs List are summarized tn Table ES-1 on the following page. These t,ies reflect the maximum fee levels that may be imposed on new development.

CYl;Yoll.osliar1M
Dewlopnent lmpaCt F'ee Justllk:affOn Study
191
d

EXECUTIVE SUMMARY
a
www.FinanceDTA.com
Table ES-1: City of Los Banos Development Impact Fee Summary --- -- - - - -
City of Los D:mv-;
Devcloptncn1 Irnpnct Fc,c,~ per Vn1l (Hv:.idE:'nti;11j/l,OOO Squ;nc feel {Nun~Rcs1dent1al} -lllllllil--111111111-ll!llllilml&m
Slngle Fllmlly $1,258 $2,354 $7,02.8 $6.S17 $4,847 $2.958 $U04 $702 $803 $27.,571 Multf.famlly $1,006 $1,1183 $5,622 $5,054 $U78 $2.367 $903 $562 $6!8 $2Ul3 .Age1leltrlcted $681 $1,274 $U04 $!,419 $2,'2,4 $U01 $704 $380 $435 $14,923 1lelall $717 $1,341 so $3.5911 $2.7'62 $U86 $6.495 $0 $498 $l7,.G98 Office $538 Sl.006 $0 $Z700 $Z071 $1,264 SUOl $0 $266 $9,146 Institutional $269 $503 $0 $1,$50 St.036 $6J2 $1.574 $0 $161 $5,524 Jndustrl8l $179 $335 $0 $900 $690 $421 St.105 $0 $109 $1,740

EXEMPTIONS
C&tifornia Government Code permits fee exemptions for affordable housing and senior housing at the discretion of local jurisdictions. SUch fee exemptions are a policy matter that should be based on the consideration of the greater public good provided by the use exempted fTOm the fee.

Clty of Los Banos
Development Impact FH Justlllcalfon Study
De~,.52. 2019 ;
2 192
WWW FinaneeDl A com

SECTION I

INTRODUCTION
The Clty of Los Banos is a growing community with a cunent population of about 40,000.

Covering approximately 10 square miles of land ln ·the western region of the San Joaquin Valley between San 'Francisco and Los Angeles, it ts within a two-hour drive of Yosemite and Kings canyon ~ational Parks, as well as the scenic central Coast. The City also sits near the San Luts Reservoir, San Joaquin River, and Merced National Wildlife Refuges, and tts location between Interstate-5 and Highway 99 positions the City at the crossroads of C&lifomta.

In order to adequately plan for new development and identify the public facilities and costs associated with mitigating the direct and cumulative impacts of this new development. OTA was engaged by the City of Los Banos to prepare an updated AB 1600 Fee Justification Study. The Fee amounts to be determined will finance Citywide facilities at levels required by various City departments as being necessary to meet the needs of new development through 2038.

DTA is updating elements of the impact fee study prepared in 2006 by Goodwin Consulting, as wen as a 2010 Goodwin Consulting update and a 1999 traffic mitigation fee report prepared by KD Anderson. Revised impact fees are calculated here using updated information on development and City facilities and are intended to replace the cowesponciing existing impact fee. Moreover, the methods used to calculate impact fees in this study are intended to satisfy an requirements goveming such fees, including provisions of the U.S. Constitution. the CaHfomta Constitution. and the cautomta Mitigation Fee Act (Ciovemment Code Sections 66000 et seq.).

More specifically, the Fee Study ts intended to comply with Section 66000 et seq. of the Ciovemment Code, which was enacted by the State of C&ltfomta in 1987, by identifying additional public facllttles required by new development ("Future Facilities") and determintng the level of fees that may be imposed to pay the costs of the Future Facilities.

Fee amounts have been determined that wall finance facilities at levels Identified by the various City departments as deemed necessary to meet the needs of new development The Future Facilities and associated construction costs are identified in the Needs Ust, which is included tn Section IV of the Fee Study. AU new development may be required to pay its "fair share" of the cost of the new infrastructure through the development impact fee program.

The fees are calculated to fund the cost of facilities needed to meet the needs of new development. The steps followed in the Fee Study include:

1. Demographic Assumptions: Identify future growth that represents the tncreesed demand for faciltties.

2. Facility Needs and Costs: Identify the amount of public facilities required to support the new development and the costs of such facilities. Facilities costs and the Needs List are dlscussed in Section IV.

3. Cost Allocation: Allocate costs via the equivalent dwelling unit methodology. ~=~ct FeeJuslffic:atfon Study December !2, 20lll / 3 193
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INTRODUCTION

4. Fee Schedule: Calculate the fee per residential unit or per non-residential square foot
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LEGAL REQUIREMENTS TO

JUSTIFY DEVELOPMENT

IMPACT FEES
The bnposition of impact fees Is one authorized method of financing the public facilities necessa,y to mitigate the impacts of new development. A fee is •a monetary exaction. other than a tax or special assessment. which is charged by a local agency to the applicant in connection with approval of a development project for the purpose of defraying an or a portion of the cost of public facilities related to the development project.: (catifomta Government Code, Section 66000). A fee may be imposed for each type of capital improvement required for new development. with the payment of the fee typically OCC\D1'ing prior to the begbudng of construction of a dwelling unit or non-residential building. Fees are often imposed at final map recordation. issuance of a certificate of occupancy, or more commonly, at building pennit issuance.

AB 1600, which created Section 66000 et seq. of the Government Code, was enacted by the State of cautomla in 1987.

In 2006, Government Code Section 66001 was amended to clarify that a fee cannot include costs attrtbutable to existing cleftclendes but can fund costs used to maintain the existing level of servloe ru,s-) or meet an adopted level of servlee that is consistent wtth the general plan.

Section 66000 et seq. of the Ciovemment Code thus requires that an public agencies satisfy the following requirements when establishing. increasing. or tmpostng a fee as a condition of new development:

1. Identify the purpose of the fee. (Government Code Section 66001(a)(1))

2. Identify the use to which the fee will be put. (Government Code Section 66001(8)(2))

3. Determine that there is a reasonable relationship between the fee's use and the type of development on which the fee is to be imposed. (Government Code Section 66001(8)(3))

4. Determine how there is a reasonable relationship between the need for the public facility and the type of development project on which the fee is to be imposed (Government Code Section 660D1(a)(4))

5. Discuss how there ts a. reasonable relationship between the amount of the fee and the cost of the public facility or portion of the public facility attrtbutable to the development on which the fee ts imposed
This section presents each of these items as they relate to the imposition of the proposed fees in the City of Los Banos.

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fUBeoSE OF THE PEE (GoyERNMENTCOD£$EC]10N 66001(>.)(1)} New residential and non-residential development within the City of Los Banos will generate additional residents and employees who will require additional public facilities. Land for these facilities will have to be acquired and public facilities and equipment wlll have to be expanded. constructed, or purchased to meet this increased demand.

The Fee Study has been prepared in response to the projected direct and cumulative effect of future development. Each new development will contribute to the need for new public facilities. Without future development many of the new public facilities on the Needs Ust would not be necessary as the existing faca1ities are generally adequate for the City's present population. In instances where facilities would be built regardless of new development, the costs of such facilities have been allocated to new and existing development based on their respective level of benefit.

The proposed impact fee will be charged to all future development, irrespective of location. in the City. First, the property owners and/or the tenants associated with any new development in the City can be expected to place additional demands on the City's facilities that are funded by the fee. Second. these property owners and tenants are dependent on a,,d. in fact. may not have chosen to utilize their development, except for residential. retail, employment. and recreational opportunities located nearby on other existing and future development. As a result. all development projects in the City contribute to the cumulative impacts of development.

The impact fees will be used for the acqµisition. installation. and construction of public faciltttes identified on the Needs Lists to mitigate the cllrect and cumulative impacts of new development in the City.

B. ]lfE l/SETQ WHICH DfE FEE ISTQ BE PuT CGQYEBNMENT CODE $£CmN 66001Wl2U The fee wm be used for the acquisition. instaUatton. and construction of public facffities identified on the Needs Lists. included in Section IV of the fee Study and other appropriate costs to mitigate the direct and aanulative impacts of new development in the City. The fee wtn provide a source of revenue to the City to allow for the acquisitton. installation. and construction of public facllities. which in twn will both preserve the quality of life in the City and protect the health. safety, and welfare of the existing and future residents and employees. Actual needs are likely to change over time as a result of changing technology and approaches for delivering public services. The Needs i.ist is illustrative of the requtred facUittes if all the facilities were constructed. and operational as of the date of this study. The fees may be used on (any) faality which seTVeS a similar function and purpose as those facilities identified on the Needs List.
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LEGAL REQUIREMENTS TO

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DETERMINE])fAT '.DfEBE JS A 'REA$ONABU! RELATJOHSHIP 8EJWEEN DfE 'FEE'$ USE AND THE ])PEQF'PEYEl,opMENT PBQJECJ UpoH wtncH DJEfEEIS IMpoSED WEtfEFIT RElAJ]ONSHIPJ lGoVERNMENT CODE SEcnoN 66001{AH3))
As discussed in Section A, it is the projected dlrect and cumulative effect of future development that has prompted the preparation of the Fee Study. Each development will contribute to the need for new public facilities. Without future development. the City would have no need to construct many of the public facitittes on the Needs Ust.

For all other facilities, the costs have been allocated to both existing and new development based on their level of benefit. Consequently, all new development within the Ctty, irrespective of location. contributes to the direct and cumulative impacts of development on public facilities and creates the need for new facilities to accommodate growth.

The fees will be expended for the acquisition. installation. and construction of the public faalities identified on the Needs List and other authorized uses, as that ts the purpose for which the fees are collected. As previously stated, an new development creates either a cltrect impact on public facilities or contrtbutes to the cumulative impact on public faolitiea. Moreover, this impact is generally equalized among an types of development because it ts the increased demands for public facilities created by the future residents and employees that create the impact upon existing facilities.

For the aforementioned reasons, new development benefits from the acquisition. construction. and tnstallation of the factlities on the Needs Usts. 'DETERMINE How D:IEBE IS A 'REAsoNABLE 'REl.ATIONsHlp BE1WEEN THE Nm> fOB DfE PUBuc FACJUTY AND D:JE '[YpE Of DEYEl,QPMJffl PRQ.lECT \IPON WH1Qf THE fEE IS lMPo$ED ClMPACIRElATION$HIP) fGQmNMENT ConE SF.cnoH 66001fA)C4ll As previously stated, all new development within the City, irrespective of location. contributes to the direct and cumulative impacts of development on public facilities and creates the need for new factUties to accommodate growth. Without future development, many of the facilities on the Needs lists would not be necessary. 'For certain other facilities, the costs have been allocated to both existing and new development based on their level of benefit
For the reasons presented herein, there ts a reasonable relationship between the need for the public facilities included on the Needs List and all new development within the City.
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E. THE REIATIQNSHJP BE1WEEN 11fE AMoUHT Of THE fllE AND Dffi Cosr Of THE P\IBUC fACJUDESA1TRIB\1tABLE TQ]liE D'EyELOpMENTUPQN 'WHicHD:JEfEE JS IMposm t•BovGJ:f PRcyolmONAUry" REtATJOHSHW} tG0yERNMENT CQDE66Q01(Al
As set forth above, an new development in the City impacts public facilities.

Moreover, each individual development project and its related increase tn population and/or employment, along with the cumulative tmpacts of all development tn the City, will adversely impact existing facllittes. Thus, imposition of the fee to finance the facilities on the Needs Ltsts is an efficient. practical. and equitable method of pennitttng development to proceed in a responsible manner.

New development impacts facilities directly and cumulatively. In fact, without any future development. the acquisition, construction, a~or installation of many of the facilities on the Needs Lists would not be necessary as existing Ctty facilities are generally adequate. Even new development located adjacent to existing facilities will utilize and benefit from facilities on the Needs List Tile proposed fee amounts are roughly proportional to the impacts resulting from new development based on the analyses contained in Sectlon V. Thus, there Is a reasonable relationship between the amount of the fee and the cost of the facilities.

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DEMOGRAPHICS
In order to determtne the public facilities needed to serve new development as well as establish fee amounts to fund such facilities, the City provided DTA with projections of future population and development within the City. OTA categorized developable residential land uses as Single Family, Multi-Family, and Age Restricted. Developable nonrestdenttat land uses within the City's commercial. industrial, and office zones are categorized as Retal1, Office, Industrial. and lnstitutionat Additional details are included tn the table below. Based on these designations, OTA established fees for the following seven (7) land use categories to aclmow1edge the difference in lmpacts resulting from various land uses and to make the resulting fee program implementable.

Table 1: ~ of 1.os Banos - 5ummary of Land Use categories LAND USE DUJNITION CLASSIFICATfONS
Single family Includes single famil)' attached and detached homes.

Includes buildings with attached residential units Including apartments, townhomes. condominiums, and all other residential units not classified u Single Family.

Multi-family For purposes of determining the impact fees due, any •second unit" or "accessory dwelling unit" (as determined pursuant to Sectton 65852.2 of the Government Code) shall be considered a separate residential unit and shatl be subject to this fee.

Includes single family attached and detached homes which are developed. substantially rehabllltated. or substantially renovated foT, Age Restricted senior citizens. At least 80 percent I") of the oc:cupted units include at least one resident who ls verified to be over the age of 55, and the community follows a poUcy that demonstrates an intent to provide housing for those aged SS or older.

Includes. but is not limited to, buildings used as the following:
• Retail
• Service-oriented business activities
Retail • Department stores, discount stores, furniture/appliance outlets. home improvement centers
• Entertainment centers
• Sub-regional and regional shopping centers
Office Includes. but is not Umited to, buildings used as the following:
• Business/professional office
Includes, but ts not limited to, buildings used as the following:

Institutional • Professional medical offices and hospitals • Schools
• Other nublic uses
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SECTION III

DEMOGRAPHICS

LAND USE I
CLASSlF!CATIONS DErlNlTION
Includes. but ts not limited to, bufldlngs used as the foUowlng:
• tight manufacturlng, warehouse/distnlJUtion. logistics. wholesaling • Wholesale and warehouse retail ·
• Service-oriented commercial activities
• Automobile dealenhips
• Support commercial services
The City of Los Banos Housing Element was used to estimate the number of housing units and non-residential building square feet to be built within the City. These figures are generally confirmed by the City's 2030 General Plan (the "General Plan"). the California Department of Finance Demographic Research Unit. and the U.S. Census Buleau. In addltton. the forecasts and the General Plan were used to project the additional population generated from new development .
.Notably, OTA attempted to utilize metrics (e.g. average household size) that standardized existing demographics with the projections found ln the General Plan. Futur_e residents and employees will create additional demand for facilities that cannot be adequately served by existing public facilities. In order to accommodate new development in an onlerly manner, while malntatning the current quality of life ln the City, the facllttles on the Needs Ust (see Section M. as presented to and reviewed by City Council and City staff, along with community stakeholders, will need to be constructed. 'For those facOities that are needed to mltlgate demand from new development, facility costs have been allocated to new development only. In those instances when tt has been determined that the new facilities will sen,e both existing and new development. facility costs have been allocated based on proportionate level of benefit (see 'Equivalent Dwelling Unit ("'EDU") discussion in Section V).

The following sections summarize the existing and future development figures that were used in calculating the impact fees.

1. Existing Populatlon for Land Use categories
A Accordtrig to information provided by the City of Los Banos and obtained from the C&ltfomia Department of 'Finance Demographic Research Untt, and generaUy confirmed by the U.S. Census Bureau. there are currently 34.251 existing Single 'Family. 4,922 Multi-Family residents, and 454 Age 'Restricted residents residing in 9,758, 1,753, and 239 \D\its. respectively, within the City.

B. OTA has used the following demographic information from the C&lifornia Department of Finance, Demographic Research Unit. which assumes a City resident-per-unit factor of 3.51 per Single Family unit. 2.81 per Multi-'Family unit (approximately four-fifths of the Single Family rate), and L90 per Age I
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Restricted unit. Therefore. the City population Is generally comprised of 39,627 residents living tn 11.750 Single Famtly, Multi-Family and Age Restricted homes. Importantly. many figures may not sum due to rounding.

C. Table 2 below summarizes the existing demographics for the residential land uses.

Table 2: City of Los Banos Estimated Existing Residential Development - - I IResideni1al Land Use Existing Existing Housing Average Household Resid ents Units Size I
I
Single Family Residential 34,251 9,758 351
Multi-Family Residential 4,922 1.753 2.81
NJe Restricted Residential 454 239 1.90
Total/Average :59,627 11.750 NA
OTA has also utilized the foRowing demographic information which estimates existing Clty employees using employees-per-thousand-square-foot factors of 4.00,

3.00, 1.50, and 1.00 employees per 1,000 building square feet of Retail. Office, Institutional, and Industrial. respectively. This results in a total of 13,982 existing employees, comprised of 2.221 Retail employees, 6,370 Office employees. 419 Institutional employees, and 4,973 Industrial employees within the City, as shown in Table 3 below.

Importantly, tor many of the faclltties considered in this Fee Study, EDUs are calculated based on the number of residents or employees ("Persons Served•) generated by each land use class. Persons Served equals Residents plus SO% of Employees and is a customary industry ·practtce designed to capture the reduced levels of service demanded by employees. For existing Persons Served estimates, please reference Table 3.

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Table 3: City of Los Banos Estimated Existing Non-Residential Oevelopn,ent - - - - --- -- --- - -- Non-Rcs1d('nl1al Employees [x1stmg Persons Served [x1s1111g Persons per 1,000 · Land Use 13.S r. f.mployce;;* per l,000 13.S.r. Served 111 - ---- - -- ~----- - - - - -- ----- - ' - --- ~
Retail 4.00 2,221 2.00 LllO
Office 3.00 6,370 1.50 3.185
Institutional 1.50 419 0.75 210
Industrial 1.00 4,973 0.50 2,486
Total/Average NA 13,982 NA 6,991
• May not sum due to rounding.
111 'Persons Served equal Residents plus 50% of employees.

2. Future Population for New Land Use Categories (2038) A. According to information provided by the City and the Merced County Association of Governments, in 2038 (the time horizon utilized for this Fee Study) the City is projected to include an additional 4,155 Single Family units, 736 Multi-Family units, and 44 Age Restricted units.

B. OTA has used the following demographic information which assumes City future resident-per-unit factors of 3.51 2.81. and 1.90 per Single Family JJntt, Multi-Family unit. and Age Restricted unit respectively. This results in an additional 16,735 residents living in 4,935 Single Family, Multi-Fanuly and Age Restricted homes Citywide.

C. Table 4 summarizes the future demographics for the residential land uses.

Table 4: City of Los Banos Future Residential Development ,- ------ - - - ~ -- - I I Rt>sidential Land Use Projected l'roJected Aver119e Household [ Residents Housing Untls Size
i---•--- - - ---- - -- --- ------- - -- - -
Single Family Residential 14,S84 4.15S 3.51
Multi-Family Residential 2,068 736 2.81
l,qe Restricted Residential 84 44 1.90
Total/Average 16,735 4,935 NA
As noted previously, OTA estimated City employees using employees•per-thousandsquare-foot factors, provided by the City, of 4.00, 3.00, 1.S0, and 1.00 employees per 1000 building square feet of Retatl, Office, Institutional, and Industrial. respectively.

This resulted tn the projection of an additional 9S2 Retail employees, 2,731 Office City of Los Banos December !12019 /
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DEMOGRAPHICS
employees, 180 Institutional employees, and 2,132 Industrial employees cttywtde, as shown in Table Son the following page.

Again. for many of the facilities considered in this Fee Study, mus are c:ak:ulated based on the number of residents or employees ("Persons Served") generated by each land use class. Persons Served equals Residents plus 50% of Employees and is a customary industry practice designed to capture the reduced levels of service demanded by employees. for future 'Persons Served estimates, please reference Table 5.

Table 5: City of Los Banos Future Non-Residential Development Non- ,Employees Persons Sc,vcd future I
Hcsidcnlial per 1,000 Future
per 1,000 Persons
Land Use Building Employees Bu1ldmg S.f. Served Ill S.F.

Retail 4.00 952 2.00 476
Office 3.00 2,731 LSO 1.365
Institutional 1.50 180 0.75 90
Industrial LOO 2,132 0.50 1,066
Total/Average NA 5,995 NA 2.Wl
11) Persons Served equal Residents plus 50% of employees.

3. Equivalent Dwelling Unit (EDU) and Equivalent Benefit Unit (EDU) Projections EDUs are a means of quantifying different land uses in terms of their equivalence to a residential dwelling unit. where equivalence ls measured in terms of potential infrastructure use or benefit for each type of public facility. Since nearly all of the facilities proposed to be financed by the levy of impact fees will serve both residential and non-residential property, OTA projected the number of futlD'e EDUs based on the number of residents or employees generated by each land use class. For other facilities, different measures, such as trip generation rates and water demand. more accl.D'ately represent the benefit provided to each land use type. The EDU projections for each facility are shown in the fee derivation worksheets in Appendix A.

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SECTION IV

NEEDS UST
Identification of the faalities to be flnanoed is a crttlcal component of any development tmpact fee program. In the broadest sense, the purpose of impact fees is to protect the public health, safety, and general welfare by providing for adequate public fll¢ltties. "Publtc Facilities" per Government Code Section 66000 includes "public improvements, public selVices, and community amenities.·
Government Code Section 66000 requires the identlficatlon of those facUttles for which impact fees are gotng to be used as the key financing mechanism. Identification of the facilities may be made in an applicable general or specific plan. other public documents. or by reference to a capital Improvement Program ("CIP").

DT A has worked closely with City staff to develop the list of facilttles to be included tn the Fee Study (the "Needs Ust"). Additionally, the Needs List was presented to and reviewed by Clty Council and has been introduced at numerous Stakeholders' Meeting. For purposes of the City's fee program, the Needs List is intended to be the official public document identifying the facilities eligible to be financed, ln whole or in part,. through the levy of a development impact fee on new development within the City. The Needs Ust is organized by fadltty element (or type) and includes a cost section consisting of stx (6) columns, which are defined in Table 6 on the following page. Actual needs are likely to change over time as a result of changing technology and approaches for delivering public services. The Needs Ust is mustrative of the required facilities tf all the facilities were constructed and operational as of the date of this study. The fees may be used on (any) fadlity which serves a similar function and purpose as those facilities identified on the Needs Usl Table 6: City of Los Banos Needs List Explanation of Colt Section Column Title Contents Source
The total estimated factltty cost tncludtng
Total Cost for Facfltty engirieertng, design. construction. land City acqutsttton, and equipment (as applicable)
Offsetting R~ to ShaTe of Total Offsetting Revenues aUocated to New and Existing new and eld$ting development Ctty Development
Net C:0.t to City The difference between the Total Cost and the Calculated by OTA Offsetting Revenues (column 1 plus column 2) Percent of Cost Net Cost Allocated to New Development based Allocated to New Calculated by OTA and Clty DevelOl>ment on New Development's Share of FaclHttes
Net Cost Allocated to The Net Cost to Ctty Multtplted by the Percentage catculated by OTA New Development Cost Allocated to New.Development Cfly of Les s.nos
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NEEDS UST
1 Column Title Contents Source ·
Policy Background or Identifies poltcy source or rationale tor fac:lltty Objective need
tty n. ter
Master 'Plan, Sewer Master
Plan. Stom\ Drainage Master
Plan. Traffic Master Plan.
capital Improvement Plan,
and Council Objective
OTA surveyed City staff and on the required facilities needed to serve new development as a starting point for tts fee calculations. The survey Included the project description. justification, public benefit. estimated costs. and project financing for each proposed facility. ThTOugh dtscusslons between DTA and City staff, the Needs List has gone thrOugh a series of revisions to ftne-tune the needs, costs, and methodologies used tn allocating the costs for each facility.

The final Needs Ust ts shown on the following pages and can addtttonaUy be found included as Appendix B.

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SECTION IV

NEEDS UST
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Clly of Los Banos
Development Impact Fee Justtflcatlon Study
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SECTION IV

NEEDS UST
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SECTIONV

METHODOLOGY USED TO

CALCULATE FEES
There are many methods or ways of calculating fees, but they are all based on determining the cost of needed improvements and assigning those costs equitably to various. types of development. Each of the fee calculations, with the exception of parks and traffic, employs the concept of an Equivalent Dwelling Unit ("EDU•) or Equivalent Benefit Unit ("EBU-) to aUocate benefit among the seven (7) land use classes. EDUs are a mea,ns of quantifying different land uses tn terms of their equivalence to a residential dwefflng unit. where equivalence is measured in terms of potential infrastNCture use or benefit for each type of public factlity. For many of the facallties considered in this Fee Study, EDUs are calculated based on the number of residents or employees ("Persons Served") generated by each land use class. Park Factltties have been evaluated according to the existing parks standard of

4.82 acres per 1,000 residents. as detailed in Section V and Appendix A-3. For Traffic 'Factlittes, number of vehicle trips more accurately represent the benefit provided to each land use class and are demonstrated separately in Section V.

Table 7 below shows total existing and projected EDUs or mus by facility type. Notably, Persons Served equal Residents plus 50% of Employees and is a customary industry practice designed to capture the reduced levels of service demanded by employees.

Table 7: Equivalent Dwelling Units
• c- • . T:xistmg ProJccted j
------ --1- - -- I
1 1 ac,lity Type _,prv1cc r actor __ ~-~~·sri.ou·~-- i:ou·strnu·s Traffic
Fire
Police Persons Served and 13,282 5,622 Sewer
Storm Drainage
/or Usage 'Factor
General Government
Water[1) 30,853 17,571
Acres per 1.000 11,290 4,768 Park Develooment 121 Residents Ill Special case - the SUrface w ater Treatmmt Plant utilizes a separate sphere of Influence mu metric. 121 Parle development fee calculations used only projected EBUs.

In determining a reasonable nexus for each specific type of public facility, OTA utilized one of the methodologies discussed below, depending upon the data and other Information available from the City, and its current infrastructure policies. The fee methodologies employ the concept of an Equivalent Dwelling Unit <·mu-) to allocate benefit among various land use classes. EDUs are a means of quantifying different land uses regarding their equtvalence to a residential dwelling unit. where equivalence ts measured in terms of potential lnfrastnactuTe use or benefit from each type of public facility.

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PLAN-BASED FEE METHODOUXiY

SECTIONV

METHODOLOGY USED TO

CALCULATE FEES
The Plan-based methodology used by DTA to establish the development 1mpact fees used tn this report is based on a •Plan.• such as a Master Plan of Factl1ttes, capttal Improvement Plan or City Cieneral Plan. which identlfles a ftnite set of Improvements. These factllty plans generally Identify a finite set of facl1itles needed by the public agency and are developed according to assessments of rac:ilities needs prepantd by staff and/or outstde consultants and adopted by the public agency's leglslattve body. Ustng this Plan-Based approach, speclft.c costs can be projected. and assigned to all land uses planned, often with a speclftc time period in mind that reflects new development projections. By using population and commercial/Industrial square footage numbers provided by the City and other sources, it ts possible to asstgn development imJ)act fee levels by percentage between new and existing development This methodologywas used to c:a1culate Traffic. 'Are. Po1k:e. Water, Sewer and Storm DTatnage fees. In preparing an impact fee analysis. fad1ities costs can be alloc:ated in proportion to the demand caused by each type of future development.

STANDARDS-BASED FEE METI-fODOLOGY
The Standards-based methodology used to establish the development impact tees used in this report are based an •standards• whent costs ate based on units of demand. 1lds method establishes a generic \Blit cost for capaclty, which Is then applied to each land use per unit of demand. Parl< fees examined In this report are an exce~ example of this type of fee structure. In this study, the Standards-based methodology ts used to c:alculate Park Development fees. This methodology provides several advantages, Including not needing to know the cost Of a specific facllity, how much capacity or service ts provided by the cunent system or havlng to commtt to a specfflc stze of the rac:illty.

The methodo1ogles used for each specific faCllity are presented on the following page tn Table 8. The 'Equivalent Dwelling Units for each specific facOlty are presented tn Table 9.

The 'Faci1lty Type of TTaffic ts not included in Table 9 because it ts based on Trip Generation Rate rather than Equivalent Dwelling Units.
09'0f Las Banas
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SECTIONV

METHODOLOGY USED TO

CALCULATE FEES
Table 8: City of Los Banos Methodology (By Facility Type) . - rac1\t~y ---: h - d
1 1---;:rces of-Appo~nmg -1- ~--1
- r ~ -- -
[_
I
I
T et o o ogy C 1 ni so C'asure I _ ype _______ __ _ J __ ____ OS~- _ ___ _ _ __ _ _ _ _ I Traffic Plan-based Existing Infrastructure Plan Trip Generation Rate Fire Plan-based Existing Infrastructure Plan Persons Served Police Plan~based Existing Infrastructure Plan Persons Served Water Plan-based 'Exlsttng Infrastructure Plan Persons Served Sewer Plan-based Existing Infrastructure Plan "Persons Served Storm Plan-based Existing Infrastructure Plan Persons Served Dralnaqe PaTlcs Standards-based 'Existing Standard Acres per 1.000 residents General Plan-based Existing Infrastructure Plan Persons Served Government Table 9: Ctty of Los Banos Equivalent DweDing Units
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Countywidc ractlily Existing Projected % Increase
([>"1Sllll:J lo TotJl Type [DVs/[[lUs CDUs/CBUs Projected) - Fire 13.282 5,622 42% 18,904
PoliCll! 13.282 5,622 42% 18,904
Parlcs 11,290 4,768 42% 16.058
Watel4 13,Z82 5,622 42% 18,904
Sewer 13.282 5,622 42" 18.904
Storm Drainage 13.282 5,622 42" 18,904
General Government 11.290 4,768 42% 16,058
.. • Special Case - the Surface Water TYeatment Plant utihzes a separate sphere of mfluence EDU mebic.

The following sections present the reasonable relattonshlp of benefit, impact, and rough proportionality tests for each fee element (i.e., fire facilities, police facilities, park facilities, water facilities, sewer facilities, stonn dr.ainage faciHties, traffic facalities, and general government facilities) and the analysis undertaken to apportion costs for each type of facility on the Needs tist. More detailed fee calculation worksheets for each type of facility are included in Appendix A.

Importantly, given that the level of service ("1.0S") requested for new development by the City is above the existing service level for certain types of facilities, the costs of the new Cltyof Los llanos DKember !L 2019 /
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METHODOLOGY USED TO

CALCULATE FEES
faalities have been carefully apportioned between existing and new development tn the following manner:

1. New development was assigned 100% of the cost for a LOS that ls equivalent to the existing \.OS within the City.

2. The cost of the incremental dlfference between the new, higher LOS belng Teql.lested by the City and the existing \.OS was then allocated between existing development and new development, based on the relative number of EDUs assigned to existing development and new development.
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A. RRE 'FACIUTIES

SECTIONV

METHODOLOGY USED TO

CALCULATE FEES
The Plre 'Facilities category includes those factlities required within the City to maintain adequate public safety services by the fire department. In order to serve new developm,mt through buildout. the Clty identified the need foT additional Pire Station service points, an updated tTainlng facUlty, and vehicle and equipment Teplaoements.

Table 10: Ftre Facilities Element
Identify~ of Pee Fire 'FacOltles.

To build additional fire facilities to service a growing area, Identify Use of Fee update tralnlng and refueling sites, and replace aging vehicles and ecrulpment.

New resldential and non-residential development will generate additional restdents and employees who will lnaease servlce Demonstrate how there Is a c:ails and In tum increase the need for trained public safety Je8$C)l'lllble relationship between personnel. Equipment and vehicles used to provide these the need foT the public faa1ity. the services will have to be purchased and replaced to meet this use of the fee. and the type of Increased demand. Thus, a reasonable relationship exists development project on which the between the need for Fire Facllitles and the impact of resldentlal fee is imposed and non-restdenttal development The Fire FacOlty fees collected from new development will be used exclusively for public safety puTposes as ldentlfled on the Needs l.lst.

Table 11 identifies the facilities proposed to be funded in whole OT in part with the collection of Fire fees. The costs provided in Table 11 are based on estimates provided bytheCity.

Table 11: Fbe Facllittes Casts
firC' rac,1t11cs Cost -~ - - - -- - -
Station 3 (Incl. Training Facility and EOC) $9,579.938
Fueling Station $545,000
Fire Vehicles $4,590,000
Equipment (SCBA Bottles, Radio Equipment. Jaws of Life and rel tools) $341,639 Station4 $4,800,000
Total $19,856.577
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Calculation MethOdology

SECTIONV

METHODOLOGY USED TO

CALCULATE FEES
'Fee amounts for thts element were calculated for both residential and non-residential land uses as detailed in Appendix A-1. ~ch land use dassfflcation was assigned an EDU factor which was derived from the number of Persons Served, which again ts defined as the persons per household (for restdenttal units) and SO% of the number of employees per 1.000 building square feet of each category of non-residential development.

Importantly, given that the LOS requested for new development by the ctty Is above the existing service level for certain types of facility, the cost of the new facilities has been carefully apportioned between exlstlng and new development tn the foUowing manner:

L New development was assigned 100% of the cost for a LOS that ts equivalent to the existing LOS within the City.

2. The cost of the incremental difference between the new, higher LOS being requested by the City and the existing LOS was then allocated between existing development and new development, based on the relative number of EDUs assigned to existing development and new development.

Pire 'Faci1ities
Accordlng to the City, it has been determined that these facilities are needed to serve new development. Station 3, importantly, has been allocated funding by the State of California pursuant to a desire to construct an Emergency Operations Center (-eoc') to serve the region. The EOC will be constructed in conjunction with a Regional Training 'Facility as an extension of Statlon-3. The costs of the new facilities have been allocated to J'.lew development and existing development based on their percentage of the expected faclllty usage at butldout Consequently, the costs will be alloc:ated to both existing development and new development, as outlined in the table below.

Table 12: fire Facalities Cost Allocation Summmy
~ - - - -· ·- - C - -· -
ii .- . Percentage Allocated racihty Cost I _Development Type [to New Development Allocated -- -----~ - --- 'Existing Development 29.38X $2.941.172 New Development 70.62% $7,070,845
Total 100.00X $10.012,.017
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Fee Amounts

SECTIONV

METHODOLOGY USED TO

CALCULATE FEES
Fee amounts to finance Fire Facilities on the Needs List are presented. in Table 13.

Please refer to Appendix A-1 for detatls regaTding the derivation of this fee.

Table 13: Fire Facilities Fee Derivation SUmmary
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EDUs pC'r fL'C per Unit/per Numll('rof Cost l"tn anced Land Use Type Unil/1,000 l ,000 Non-Hes. s r. Units/Non-Hes. Dy fees Non-Res. S.F. 1,000 s.r. - - -- - - - - --- ----- - ng y Multi-Family Restdential 0.80 $1.006.21 736 $740,867
Age Restricted Residential 0.54 $680.84 '44 $29,957
~ 0.57 $716.68 238 $170,610
Office 0.43 $537.51 910 $489,297
Institutional 0.21 $268.75 120 $32,191
Industrial 0.14 $179.17 2,132 $381.995
Total 1'acilities Cost: $19,856,577
Offwttb,g llevenues ($9,844,560)
Total Allocated to New Development: $7,070,845
Total Allocated to~ Development $2..941.172
Net Cost to Ctt.y: $10,012.017
Based on the development projections in Appendix A-1. the fee amounts presented in Table 13 will finance 70.62% of the net costs of the 'F\re Facilities identified on the Needs Usl The remaining 29.38% of the net costs of fac:illt1es will be funded through other sources.
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B. P0UcE FACIJ1TES

SECTIONV
.METHODOLOGY USED TO
CAl..CULA TE FEES
The Police Faclltttes category includes those facilities required within the City to maintain adequate public safety semces by the police department. In order to setVe new development through butldout the City identified the need for a new primary police station, a new animal shelter, and equipment and vehicle needs.

Table 14: Police faclltties Element
Identify Pwpose of Fee Police Facilities.

Identify Use of Fee New prlmaty police statton. a new animal shelter. and replacement of vehicles and e auipment.

New residential and non-residential development will
generate additional residents and employees who will
Demonstrate how theN ts a increase service calls and tn tum increase the need for reasonable relationship between trained public safety personnel Equipment and vehicles the need for the public facility. used to provide these services wm have to be purchased and replaced to meet thls increased demand.· Thus, a reasonable the use of the fee, and the type relationship exists between the need for Police Facilities and of development project on the impact of residential and non-residential development which the fee is imposed The Police Facility fees collected from new development wm be used exclusively for public safety purposes identified on the Needs Llsl
Table 15 below identifies the fa~ proposed to be funded tn whole or in part with the collection of Police fees. The costs provided in Table 15 are based on estimates provided by the City.

Table 15: Po1ice Faclltties Costs
1-:r~1cl?-ra~1ht1es - ~ - - ~---- -- ~
Cost 1 -
Prtmaty Police Station $34,800,000
Animal Shelter $12,500,000
Range Facility $S00,000
Fleet Vehicles $1.845,732
Firearms Stock $150,335
Total $49,796,067
Clly Of Los 8ano.r
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SECTIONV

METHODOLOGY USED TO

CALCULATE FEES
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Calculation Methodology
'fee amounts for this element were calculated for both residential and non-residential land uses as detailed in Appendix A-2. Each land use classification was assigned an 'EDU factor which was derived from the number of Persons Served. which again ts defined as the persons per household (for residential units) and SO% of the number of employees per 1,000 building square feet of each category of non-residential development.

Importantly, given that the LOS requested for new development by the City ts above the exlstlng service level for certain types of facility. the cost of the new facilities has been carefully apportioned between existing and new development tn the following manner:

1. New development was assigned 100% of the cost for a \.OS that is equtvalent to the exlsttng IDS within the City.

2. The cost of the incremental difference between the new, higher LOS being requested by the City and the existing IDS was then allocated between exlstlng development and new development, based on the relative number of EDUs assigned to existing development and new development

3. The Animal Shelter has been evaluated. under a LOS methodology (#1 above) tn an effort to conservatively allocate costs. ·
Police 'facilities
Acconling to the City, it has been determined that these facllities are needed to serve new development CUnently, existing facilities are generally operating at an appropriate and acceptable level of service; therefore, the costs of the new facilities have been anocated to new development and existing development based on theiT percentage of the expected facillty usage at butldout. Consequently, the costs wlll be allocated to both existing development and new development. as outlined in the table below.

Table 16: Police Facilities Cost Allocation Summary ·- - --~ -- - - -- - - Dcvclo ment T C' Percentage Allocated rac11Jty Cost , P YP to New Dcvl'lopmcnl Allocated ' -- - -- ------- - -- --- -- -- - _J
Existing Development 73.37% $36.461.379
New Development 26.63% $13,234,688
Total 100.00% $49,696,067
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Fee Amounts

SECTIONV

METHODOLOGY USED TO

CALCULATE FEES
Fee amounts to finance Police Facilities on the Needs l.ist are presented in Table 17.

Please refer to Appendix A-2 for details regarding the derivation of this fee.

Table 17: Polk:e Facilities Fee Derivation Summary -
[DUs p er rec per Unit/per Number of Cost Financed I Land Use Type Unil/1,000 Units/Non-Hes. ' Non-Res. S.f. 1,000 Non-Hes. S.F. 1.000 s.r. by Fees
Single Family Residential 1.00 $2.354.19 4,155 S9.781.506 Multi-Family Residential 0.80 SL883.35 736 $1.386,701
Age Restricted Residential 0.54 $1.274.35 44 $56,071
Retail 0.57 $1.34L42 238 $319,336
Office 0.43 $1.006.07 910 $915,831
Institutional 0.21 $503.03 120 $60,252
Industrial 0.14 $335.36 2,132 $714,991
Total Facilities Cost: $49,696.067
Offsetting Revenues: ($100.000J
Total ADocated to New Development $13.234.688
Total ADocated to Existing Development $36.461.379
Net Cost to City: $49,696.067
Based on the development projections in Appendix A-2. the fee amounts presented in Table 17 will finance 26.63" of the net costs of the Public Safety Facilities identified on the Needs List The remaining 73.37% of the net costs of facilltles will be funded through other sources.
aiy of Los Banos
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C. PARK FACIUTIES

SECTIONV

METHODOLOGY USED TO

CALCULATE FEES
The Park Facilities category identifies facilities tlu!,t wm serve the City's residents by enhancing the community's appeal and quality of life. The Fee Study includes (i) the planning and design of parkland and rec:reattonal areas needed for park and recreational facilities, and (ii) the construction and development of park and recreational facilities, including sports fields, ball fields, soccer fields, tratls, restrooms, and park beautification needed to serve new and existing residential development through buildout Notably, DTA's analysis does not include park acquisition costs, which are determined separately by the City's Quimby Ol'tlinance.

For purposes of this Study, the Park Facilities will sen,e only the residents of the City by providing facilities for recreation while enhancing the community's appeal and quality of life.

Table 18: Parle 'Element
Identify Purpose of Fee Parle Facilities.

The design, construction. and development of public park Identify Use of Fee and recreational facilities, including a recreational pool facility and skate park.

New residential development wlll generate an increased
Demonstrate hov,, there is a demand for Park Facilities. reasonab~ relationship Population growth has a direct impact on the need for Park bet,ween the need for the pubiic Facilities. New development and the consequential increase facility, the use of the fee. and in demand will necessitate the improvement/expansion of the type of development project existing Park Facilities. Fees collected from·new development on which the fee is imposed will be used exclusivel)' for park. recreational, and open space facilities identified here in Section V.

L Level of Service for Parle Facilities
There are many methods or ways of calculating fees, but they are all based on determining the cost of needed improvements and assigning those costs equitably to various types of development. Fees for recreational and park faclltties have been calculated utilizing both the ·standards-Based Approach" and the "Facility-Based Approach." The Standards-Based Approach utilizes a facility •standard" established for future development against which facilities costs are determined based on ·units of demand" or a 1eve1 of service" from a development. This approach establishes a generic unit cost for capacity, which is then applied to each land use type per unit of demand. This standard is not based on the cost of a specific existing or future facility, but rather on the cost of providing a certain standard of service, such as the 4.82 acres of park and recreational facllities per 1,000 residents, which is the current level Ci'l,r ot Las Banos
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of service for the City. To meet the standard of service required, the City will need to develop new park land and open space. Therefore 100% of the costs of land acquisition and development will be allocated to new residential development The table below summarizes the existing park and reaeational facilities located within the City that meet the required standard of 4.82 acres of park and recreational facilities per 1.000 residents.

Table 19: City of Los 8anaS 1lxisting level of Service -- . -, Facility :rype Existing Acres Facility Units per i
l,000 Hes1dcnls i
' l
Community Parks 88.71 224
Neighborhood Parks 90.94 2.29
Pocket Parks 11.38 0.29
Total: 19L03 4.82

2. Land Acquisition and Park Development Costs
Notably, land acquisition costs are dependent on the real estate market at the ti.me of acquisition. Location, demand for land. encumbrances, comparable acquisitions, and construction costs aTe a few of the many variables that play into appraisals and negotiations. Each park has its own location and improvement requirements. OTA was able to identify general cost assumptions for new park development based on comparable data for the region Please see Table 20 for more detail regarding the costs for new parks tn the City.

Table 20: City of Los Banos Cost Assumptions for Hew Park Development $23,841
$23,119
Pocket Parks 1,321
Park Develo ment (Rounded)
Communit 'Parlcs $406,265 / acre
Net hborhood Parks $369,332 / acre
Pocket Parks 21,105 / acre
Additional Costs
Administration 5%
* In Hght of the City's Quimby Fee, \.and Acquisition Costs have been excluded from this analysis at this time.

Using both the level of service and cost assumptions, OTA calculated a total of atr or Los Banos December Jl, 2019 /
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METHODOLOGY USED TO

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$32,768,223 for park development costs. Please see Appendix A-3 for more information

3. Additional Park Improvement Costs
Furthermore, the City intends to expand and enhance existing City-owned faclltttes to accommodate increased demand. The Capital Improvement Plan and the Public Wor1cs Department have identified the need for the following park facilities improvements to serve the 16,735 total new residents within the City - a new recreational pool facility and skate park. The total cost for these facilities is currently estimated at $13.500,000. Please see AppendiX A-3 for more detail on the costs and LOS associated with these facftlties.

Table 21: Park l'adlitles Costs
Parks Cost
Recreational Pool Facility $12,000,000
Skate Park $1,500,000
Tollll $13JSOO,OOO
calculation Methodology
Fee amounts for this element were calculated for residential land uses only, as detailed in Appendix A-3. Each land use classification was assigned an 'EDU factor which was derived from the number of persons per household.

Importantly, given that the LOS requested for new development by the City ts above the existing service level for certain types of facility, the cost of the new facilities has been carefully apportioned between existing and new development in the following manner:

1. New development was assigned 100¾ of the cost for a LOS that ts equivalent to the existing LOS within the City.

2. The cost of the incremental difference between the new, higher LOS being requested by the City and the existing LOS was th.en allocated between existing development and new development based on the existing and future number of facility units per 1,000 residents.

Based on the development projections in Appendix A-3, 29.69% of the costs of the Recreational Pool 'Facility wm be aUocated to new development. and the remaining

70.31% will be allocated to existing development. Also based on the development projections in Appendix: A, 59.38% of the costs of the Skate Park wm be allocated to new City of Los Banos
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METHODOLOGY USED TO
CALCUl..ATE FEES
development, and the remaining 40.62" wm be allocated to existing development.

Fee.Amounts
Fee amounts to finance Park Facilities on the Needs List are presented in Table 22.

Further details on the derivation of this fee are included in Appendix A-3.

Table 22: City of IDs Banos
Fee Derivation summary (Net of Admtnlstn.ttve Component) L.,nd Use Type EDUs per Unit fee per Unit Number of Cost Financed i Units by Fees - - - ~
- - -
Single Famtly LOO $7,028 4,155 $29.200.209 Rllstdential Multt-Famlly 0.80 $5,622 589 $4,139,645 Residential
Age Restricted 0.54 $3,804 24 $167,38'/ Residential
Cost ADocated to New Development: $33,507.240
Based on the development projections in Appendix A-3, the fee amounts presented in Table 22 will finance $33,507,240 of Park Facilities.

Clly of Los Banos
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0. WATER FACILITIES

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The Water Facilities categoT}' includes those facilities used by the City to provide basic water supply and distribution services to residents and employees within the City.

Table 23: Water Facilities Element
Identify Pmpose of Fee Water Faclltttes.

Identify Use of Fee Improvements to certatn facllttles including but not limited to, water storaqe, suooty, and distribution facUittes.

Demonstrate how there New residential and non-residential development wilt generate an is a reasonable increased demand for Water Facllities.
relationship between the
~ Population and growth have a dtrect impact on the need for Water for the publlc Faalities. Therefore, new development and the consequential facility, the use of the increase tn demand will necessitate the improvement/expansion of fee, and the type of existing facilities. Notably, fees collected from new development 4evelopJnent project on wtn be used exclusively on Water Facilities identified in the Needs which the fee ts imposed list Table 24 on the foDowtng page tdentifies the facilities proposed to be funded in whole or in part with the fees. The costs provided in Table 24 are based on estimates provided by the City.

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Table 24: Water Factlities Costs
- - I
,,WatC'r racilities Cost j -
Surface Water Treatment Plant (Incl. Chromium 6 Testing) $260,615.333 Groundwater Sustainability & Recharge Project $250,000
Valve 'Rep1acement $250.000
Waterlines $3.212,000
Well16 $1.620,000
Water Meters $398,528
Wen Rehabilitation $1.560,000
'Equipment $479,000
Storage Tanks and Booster Pumps $23,460,000
GTOUndwater Wells $11340,000
Wen Manifold System $10,815,000
Total $313,979,861
Calculation Methodology
Fee amounts for this element were calculated for both residential and non-residential land uses as detailed in Appendix A-4.

The specific facilities required within the City were identified by the City and the Water Master Plan. OTA was able to determine the appropriate allocation of costs to new development based on the expected of usage of facilities at buildout. Accordingly,

52.17°/4 of the costs wm be allocated to existing development and 47.83% of the costs will be allocated to new development as shown in Table 25 on the following page.

The Surface Water Treatment Plant. constituting approximately eighty-three percent (83.00%) of the Water Facilities Needs List, has been identified by the City as an essential item moving forward to meet growth demands and to ensure the continued livelihood of local residents. Included in the costs of the item are the anticipated costs of Chromium 6 testing and treatment. The state of California. and more specifically the State Water Resources Control Board. has identified the need to establish a hexavalent chromium maximum contaminant level (MCL) for drinking water. While the Superior Court of Sacramento County invalidated the MCL established by the COPH in 2017, the court also ordered the State Water Board to adopt a new MCL for hexavalent chromium.

It is anticipated that the new MCL will accompany a new timeline for compliance akin to Senate Bill 385 (SB385) which established said ttmeline in 2015 prior to the actions of City of Los Banos
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Table 25: Water Facilities Cost Allocation ~ty
1 Development Type Percentage Allocated racihty Cost I
1111ocated I
Existing Development 52.17% $103,010,857
New Development 47.83% $94,458,084
Total 100.oox $197.468,941
Fee Amounts
Fee amounts to finance Water Facilities on the Needs Ust are presented. in Table 26. 'Further details reganiing on derivation of this fee are included in Appendix: A-4.

Table 26: Water Facmttes Fee Derivation SUmmaty

0.57 238
$6,379,403
Institutional 0.21 120 163 $207,684
Industrial 0.14 $702.69 2.132 5,122
Total Facilities Cost:

Offlletting Revenues
Total Allocated to .New l>evelopment:

Total Allocated to Existing Developm~t:

City:
$4,019,479
$313,979,861
($116;.510,9ZJJ
$94AS8,084
$103,010,857
$197,468,941
Based on the development projections in Appendix A-4. the fee amounts presented in Table 26 will finance 47.83% of the net costs of the Water Facilities identified on the Needs List. The remaining 52.17% of the net costs of facilities will be funded through other sources.
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The Sewer facilities category includes those facilities used by the City to provide basic water supply and distribution services to residents and employees within the City.

Table Z/: Sewer Facilities Element
Identify Purpose of Fee Sewer 'facilities.

Identify Use of Fee Improvements to certain facilities including but not Umited to, wastewater storage, sUDoly, and distribution facilities.

Demonstrate how there New residential and non~residential development will generate an is a reasonable increased demand for Sewer 'Facllittes. relationship between the Population growth has a direct impact on the need for Sewer need for the public Facilities. Therefore. new development and the consequential facility, the use of the increase in demand will necessitate the tmprovement/expanslon of fee. and the type of existing facilities. Notably. fees collected from new development development project on wiU be used exclusively on Sewer 'facilities identified tn the Needs which the fee is imposed List.

Table 28 on the following page identifies the facilities proposed to be funded tn whole or in part with the fees. The costs provided in Table 28 are based on estimates provided by the City.
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Table 28: Sews 'Fadltties Costs
--- - - - - --
, Scw~r -~·ac1ltttcs Co~t - - - - Sewer Line Replacement $200,000 Nantes Storm Basin $1,795,000
Central City Sub-basin $2,298,000
B Street Stonn Basin $1.230,000
Pump Statton Rehabilitation $350,000
Jefferson Storm Llne $567,000
Murrieta Stonn Une $161,000
'Pacheco Storm Line $453,000
Citrus Second Stonn Li1'le $100,000
H - mtnols Stonn line $286,000
H - Nevada Storm line $286,000
Jo-line Park Manor Pump Station $312.000
Crest Hills Pump Station Rehabilitation $350,000
WWTP Headworks $6,615,000
Groundwater Study $70,000
WWTP - Sludge Removal $250,000
WWTP - Cold Mix Overlay $150,000
Potable Water Line to WWTP $200,000
Solar Bee Additions $1.012,300
Equipment $1.055,000
Wastewater Treatment Plant $4.183,000
Pioneer Trunk $9,303,000
NorthTnmk $31.681.000
.Meadowlands $1.604,000
Vineyard Trunk $1.049,000
Southeast Trunk $822,000
College Tn.mk $360,000
West Trunk $9,083,000
Total $15.825.300
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Fee amounts for this element were calculated for both residential and non•residential land uses as detailed tn Appendix A·S.

The specific factltttes required within the City were provided by the City's engineer. DTA was able to determine the appropriate aUocation of costs to new development based on the expected usage of facilities as wen as numerous discussions with City staff.

Accordlngly, 45~"' of the costs will be allocated to existing' development and 54.78% of the costs will be allocated to new development as shown tn Table 29 below.

Table 29: Sewer Fac:llities Cost Allocation 5umrnmy
Development Type Percentage Allocated racility Cost I
Allocated .

Existing Development 45.22X $22.489,651
New Development 54.787' $27,248,762
Total 100.00X $49,738,413
Fee Amounts
Fee amounts to finance Sewer Faa1ities on the Needs List are presented in Table 30.

Further details regarding on derivation of this fee are included tn Appendix A·S.

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Table 30: Sewer 'Facilities 'Fee Derivation 5urnmmy
-- - - - - - -- -- - - l:DUs per l'e:e: per Unit/per Numbc·1 or Cost Unit/1,000 Land Use Typt' Non-Res. l.,000 Non-Res Um ts/Non-He,. l'inanced hy I sr. SF 1.000 SI'. recs
-- - ----- ... ----- - - - -~
Multi-'Famlly Residential 0.80 $3,877.62 736 $2.859,065 Age Restricted Residential 0.54 $2,623.74 44 S115.445
RetaU 0.51 $2,761.84 238 $657,471
Office 0.43 $2,071.38 910 S1,885,595
Institutional 0.21 $1.035.69 120 $124.052
Industrial 0.14 $690.46 2.132 $1,472.087
Total Facllitles Cost: $75,825.300
Offsetting Rewnues ($26.0B6.BB7J
Total ADoc:ated to New Development: $27.248.762
Total ~ed to~ Development $22.489,651
Net Cost to City: $49l38,41!
Based on the development projections in Appendix A-5, the fee amounts presented in Table 30 will finance 54.78% of the net costs of the Sewer Faci\tties identified on the Needs Ust. The remaining 45.22X of the net costs of faclltties will be funded through other sources.

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F. $TOBM DRAIMAGE fACp,mEs
The Storm Drainage Facilities category includes those facilities used by the City to provide storm drainage services to residents and employees within the City.

Table 31: Stonn Drainage FaciUties Element
Identify Purpose of Fee Storm Drainage Faclltties.

Identify Use of Fee Impl'OVeffleT\ts to certain fadlttles including storm drainage facilitles.

Demonstrate how theJe New residential and non-residential development will generate an Is a te8SOl'lable Increased demand for Storm Drainage Facilities. relationship between the Population growth has a direct impact on the need for Storm need for the public faciHty. the use of the Drainage Facllltles. Therefore, new development and the fee. and the type of consequential increase ln demand will necessitate the development project on improvement/expansion of existing facilities. Notably, fees which the fee ls Imposed collected from new development will be used exclusively on Storm Orainaqe Facilities Identified tn the Needs List.

Table 32 on the following page identifies the facilities proposed to be funded in whole or in part with the fees. The costs provided ln Table 32 are based on estimates provided bytheCity.

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Table 32: Storm Drainage Facilities Costs
- - -- - - -- -
Storm Drainage rac1litics Co,t - - - - - - - - --•
Airport No. 1 Sub-basin $778,000
Airport No. 2 Sub-basin $3,968,000
Citrus Terrace Sub-basin $67,000
College Greens No. 1 Sub-basln $12.401.000
College Greens No. 2 Sub-basln $6,029,000
CTeelcside No. 1 Sub-basin $10,085,000
Creekside No. 2 Sub-basin $63,923,000
Crest Hills Sub-basin $3,015,000
Gardens No. 1 and Gardens No. 2 Sub-basin $7,580,000
Gardens No. 3 Sub-basin $11,597,000
Johnson Field Sub-basin $20,475,000
Meadowlands No. 1 Sub-basin $5.l.26,000
Tfanchwood No. 2 Sub-basin $23,650,000
Skylark No. 2 Sub-basin $12.145,000
Watmart No. 1 Sub-basin $7,230,000
Walmart No. 2 Sub-basin $12.792,000
Total $200.86L000
Calculation Methodology
Fee amounts for this element were calculated for both residential and non-residential land uses as detatled in Appendix A-6.

The specific facilities required within the City were provided by the City's engineer. DTA was able to detenntne the appropriate allocation of costs to new development based on the expected usage of faellltles at buildout. Accordingly, 40.60% of the costs will be allocated to existing development and 59.40% of the costs will be al\ocated to new development as shown in Table 33 on the following page.

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Table 33: Storm Drainage FactHtles Cost Allocation Summary ,-·- - ----- - - -
. ,Development Type ,Pcrc:cntagc Allocated facility Cost I Allocated I
I -
Existing Development 40.60% $11.364,504
New Development 59.40% $16,629,864
Total 100.00X $27,994,368
fee Amounts
Fee amounts to finance Storm Drainage Facilities on the Needs List are presented in Table 34. Further details regarding on derivation of this fee are included in Appendix A-6.

Table 34: Storm Drainage Facilitjes Fee Derivation SUmmary -- r~~nd Use ;ype - - - -
Cost Fin.meed jl EDUs per rec per Unit/per Number of
Vnil/1,000 1,000 Non-lks. Units/Non-Res.

Non-Res. S.F. S.F. 1,000 SF. by fees
! --
Single Family Residential 1.00 $2.958.13 4,155 SlZ,290,816 Multi-Family Residential 0.80 $2.366.50 736 $1.742.440
Age Restricted Residential 0.54 $1.601.27 44 $70,456
Retail 0.57 $1,685.54 238 $401.257
Office 0.43 $1,264.16 910 $1.150,775
Institutional 0.21 $632.08 120 $75,709
Industrial 0.14 $421.39 2.132 $898,412
Total Facilities Cost: $200,861.000
Offsetting Revenues ($172.866.632}
Total Allocated to New Development: $16,629,864
Total Allocated to Existing Development $11,364,504
Net Cost to City: $27,994.368
Based on the development projections ln Appendix A-6, the fee amounts presented in Table 34 will finance 59.40% of the net costs of the Storm Drainage Facilities identified on the Needs List. The remaining 40.60% of the net costs of facilities will be funded through other sources.

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Ci. TRAmc J!Acn,mEs

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The Circulation Element of the General Plan includes fa.Cl.ltties necessary to provide safe and efficient vehicular access throughout the City. In order to meet the traffic demand of new development .through butklout, the City identified the need for new road constNctlon and equipment as shown in the Needs Ust.

Table 35: Traffic Facilities Element
Identify Purpose ot Fee Traffic facilities.

Various roadway impl'ovements including, but not
Jdentify Use of Fee lbnited to, intersection and road widening modifications.

New residential and non-residential development will
Demonstrate how there generate additional residents and employees who will is a reaso..._.,te create additional vehicular and non-vehicular traffic within the City 1lrnits. Streets will have to be improved relatkmshlp between or extended to meet the increased demand and traffic the need for the publk: signals will have to be installed to effldently direct tacntty. the use of the fee, and-the.type of tncreased traffic flow. Thus, there ts a relationship dtWelopment project on between new development and the need for new which the fee Is traffic facllltj.es. Fees collected from new development tmposed wlll be used exclusively for traffic facilities on the Needs Ust.

Table 36 on the following page Identifies the facilities proposed to be funded in whole or in part with the fees collected for Traffic 'Facil\tles. The costs provided in Table 36 are ~ on estimates provided by the City and validated by TJKM T'i'ansportatlon Consultants.

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Table 36: Traffic Factlities Cost - - - -- - -
: ,Traffic racilltics Cost - - - - Ward Road Improvements $8,095,566 Place Road Improvements $512,709
SR 165 Improvements $13,09'7,052
Badger Flat Road Improvements $2,899,919
Capri Avenue Improvements $2.429,922
Dove Street Improvements $3Z9,4U
Pioneer Road Improvements $2.613,483
Cardoza Rd. Madison Ave, and Page Ave Improvements $1.168,709 Intersection lmp'Ovements and Moclific:ations $26,547,290 Traffic Master Plan $100,000
Utility Vehicles and Equipment $745,000
Total $58.539,061
Calculatton Methodology
As discussed previously. Traffic 'Facllttles benefit residents and employees by providing safe and efftclent vehtcular access throughout the City. As a result the traffic fee is calculated for both residential and non-residential land uses, details of which may be found tn Appendix A-7.

Fees for roads and traffic signals were calculated for each of the seven (7) land use categories based on the number of PM Peak Hour Trips generated by each land use.

Tota\ average trips were calculated by applying these trip rates to the various dwelllng unit counts and non-residential square feet identffled in the demographics section of thts report. The total facllities cost was then divided by the total numbeT of trips to establish a uniform cost per trip. This unit cost was then applied to the various land uses and their respective trip generation rates to determine the proposed fees.

Expected revenue from new development was also calculated as a checlc, ensuring that collected fees match the calculated cost responsibility of new development.

The Institute of Transportation Engineers' Trip Generation Manual provides trip generation rates for the different land uses. These rates are estimates and subject to change; rates have been generally confirmed and approved by TJKM Transportation Consultants.

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Table 'SI: Traffic 'Facilities Cost AUocatlon Summary
- - -- -- -
Development Type Percentage Allocated racil1ty Cost
Alloc zited ' -- - - --
Existing Development 78.29% $41,071,612
New Development 21.71% $11,386,452
Total 100.00" $52,458,064
Fee Amounts
'Fee amounts to finance Traffic 'Facilities on the Heeds 1..tst are presented in Table 38 below.

Again, details regarding the analysis related to Traffic 'Facilities are included in Appendix A7.

Table 38: Traffic Facilities Fee 'Derivation Summary
r-- ----- - .. ---- -- ---- - ~-~- ----- --· ----- - - ------ ---- - - Trip Gencr;ilion rec 11er Number of Cost I I I ! Land Use Type Rate per Untl/ per Unit/per 1,000 Umts/Non- r1nanccd by :
1,000 Non-Res Sr. Non-Hes Sr. Hes. 1,000 s r . _re~s_J - - ~-~ - ·· - ---- -- - - - - -- Single Family 'Residential 1.00 Sl.303.58 4,155 SS.416,294 .Multi-Family Residential 0.69 $903.11 736 $664,953
Age Restricted Residential 0.54 $703.93 44 $30,973
Retail 4.98 $6,495.18 238 $1.546,230
Office LOO $1.300.86 910 $1.184.184
Institutional 1.21 S1.574.04 120 $188.535
Industrial 0.85 $1.104.71 2,132 $2.355,283
Total Facilltles Cost: $58,539,061
Offsetting Revenues ($6,080,997}
Total Allocated to New Develop~ent: $µ.386,452
Total Allacated to. Existing Development: $41.071.~12
NetCosttoqty: $~458,064
Based on the development projections in Appendix A-7. the fee amounts presented in Table 38 wilt finance 21.71% of the net costs of the traffic facilities identified on the Needs Ust.

The remaining 78.29% of the net costs of facilities will be funded through other sources. aiy ot Los Banos
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www Financ:eOTAr.om
H. CiENERAt. GoVERNMfflT FACIUl]ES
The General Government Facilities category includes library facilities and other facilities used by the City to provide general governmental services.

Table 39: General Government Facilities Element
Identify Purpose of General Government Facilities. (Combined fee for Corporate Fee Yard, City Hall Public Facilities and Community Center).

City Hall expansion and rehabilitation, plus other facilities used by the City to provide general governmental services.

Identify Use of Fee Table 40 identifies those facilities that serve all residents, employees, and development within the City, regardless of location.

DemonstTate how New residential and non-residential development in the City there is a reasonable will generate additional residents and employees who will relationship between increase the demand for City Hall and general government the need for the functions. Population and growth have a direct impact on public facility. the the need for government services and facilities, thus a use of the fee, and reasonable relationship exists between new development the type of and government facilities. which will have to be acquired to development project meet the increased demand Fees collected from new on which the fee is development will be used exclusively for General imposed Government Facilities on the Needs l.ist.

Table 40 below identifies the facilities proposed to be funded in whole or ln part with fees.

Table 40: General Government 'Facilities Element - - - - - - 1 Gencrnl Government Cost
City Hall Expansion and Rehabilitation $7,249,050
City Hall Parking Lot and Landscaping $1,751.750
Council Chamber Upgrade $200,000
Network/Server Replacement $215,705
Corporation Yard Expansion $1,350,000
Total $10,766,505
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According to the City. it has been determined that these facllttles ar.e needed to serve new development. Currently, these facilttles are generally operating at an appropriate and acceptable level of service: therefore, the costs of faclltties have been aDocated to new development and existing development based on thelr percentage of their expected facility usage at buildout.

Importantly, giwn that the 1.0S requested for new development by the City is above the existing service level for certain types of faclltty, the cost of the new faalities has been carefully apportioned between existing and new development in the following manner.

1. New development was assigned 100% of the cost for a 1.0S that is equivalent to the existing LOS within the City.

2. The cost of the incremental difference between the new, higher LOS being requested. by the City and the existing LOS was then allocated between ex\sttng development and new development. based on the relative number of EDUs asstgnecl to existing development and new deVelopment.

General Government facffiti.es
According to the Clty, it has been determined that these facilities are needed to serve existing and new development. The costs will be allocated to both existing development and new development. as presented in Table 41 below.

Table 41: General Government FacUtttes - Buildings Cost Altocatkm Summary -- ~ "'1
Per<:(·ntilge Allocated rilc1hty Co~t I ! Ocvclopmenl Typr. to New Development Allocated - Existing Development 61.04% $5,245,045
New Development 38.96% $3,347,341
Total 100.00% $8.592.386
FeeAmounts
Fee amounts to finance General Government Faclllties on the Needs List are presented in Table 42. Details regarding the analysis related to General Government Facilities are included in Appendix A-8.

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Table 42: General Government Fadlities 'Fee Derivation Summary ~ ---- - - --
·-,[OVs per rec per Unit/per Number of C . I
,Land Use Type Unil/1,000 1,000 Non-Res. Units/Non-Res. ost rmanced , l,, Non-Res. s.r. s.r. 1,000 SF. by recs
I -
Single Family 'Residential 1.00 $702.07 4,155 $2,917.072 Multi-Family Residential 0.80 $561.66 736 $413,546
Age Restricted Residential 0.54 $380.04 44 $16,722
Retail 0.00 $0.00 0 $0
Office 0.00 $0.00 0 $0
Institutional 0.00 $0.00 0 $0
Industrial 0.00 $0.00 0 $0
Total FacDltles Cost: $10,766.SOS
Offsetting Revenues {$2,174.119}
Total Allocated to New Development: $3,347,341
Total ADocated to Emtlng Oeve1opment $5,245.045
Net Cost to Ci1y: S8.S92.386
Based on the development projections in Appendix A-8, the fee amounts presented in Table 42 will finance 38.96% of the net costs of the General Government facilities identified on the Needs Ust. The remaining 61.04% of the net costs of facilities will be funded through other sources.

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SECTJO.NVJ
SUM.MARY OF FEES
The total fee amounts required to finance new development's "fair share· of the 00Sts of facilities tn the Needs Usts are summarized in Table 43 below.

Table 43: City of Los Banos Development Impact Fee SUmm&ly C,ty ot Io; ll:ino;
Development ltnp1ct ft•cs: p~ r Uml (Rt:.;,.tdcnli.Jl)/1.000 Squ:ire rL:(:t {Non•EC:.1dl.?nt1:i.U ---llllillllllll--i&IIEIIIEBl'II
Single Family $1,258 $2,354 $7,028 $6.317 $4,847 $2,958 $1.304 $702 $803 $27,571 Multl-la'nlly $1,00S $1,883 $5,QZ $5,054 $S,878 $2,367 $903 $!162 $638 $21.!m Age'Relblctecl $681 $2,274 $S.804 $S.419 $2,624 $U01 $704 $380 $435 $1.4,925 'Retail $717 $1.341 $0 $3,599 $2,162 $1.U& $6.495 $0 $498 $17.D98 Olllce $538 $1,006 so $2.70<! $2.1171 $1.,2.64 $1.SOl $0 $266 $9.146 lnstltuttonal $2&9 $503 so $1350 $1,0!6 $632 $1,574 $0 $161 $5,524 lndultrlal $179 $335 so $900 $690 $421 $1,105 $0 $109 $5.740 a1y or Los Banos
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APPENDIX A
Fee Derivation
Worksheets
239
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APPENDIX A-1

CITY OF LOS BANOS
FIRE DEVELO~ENT IMPACT FEE CALCULATION
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APPENDIX A-1 CITY OF LOS BANOS

FIRE DEVELOPMENT IMPACT FEE CALCULATION
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APPENDIX A-2

CITY OF LOS BANOS

POLICE DMLOPMENT IMPACT FEE CALCULATION
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APPENDIX A-2
cm Of LOS BANOS

POLICE DEVELOPMENT IMPACT FEE CALCULATION
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APPENDIX A-3

CITY OF LOS BANOS

PARK DEVELOPMENT IMPACT FEE CALCULATION
f~ .....

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14J EsUmate, besed on COY~ rot P111t lm~nt C0IQI 1n other areas oflhe Central Valay n ldentmld byGoodMn ConsulUnA Grouu FN Study, ISJ In ~t cl the Clty"s Qulmbv Fee. Land Ac:Qulllt.ton Ccstsha\11,i.n e,rduded rrom thb-lVSII. fBJ Part daWlopment cost1 ht,.le tlo!n mcallt•d -~ to tht Comaruetlon Cost Index (CCI} ror Fbclll Yan: 2005-2017, 17] Plnnnlnqand Deslqn r.osts hive boon estimated m be IPPl"OXfmatelV 61' of development c=sts. as seen In otfw' Califo,nla cemmunltlos- {8J Admlntstnttk>nmsl!lhllll'et..'te!tlm&tl!Clat5"tc appracriatelyr.rl'ectCltySUirrstin11111.

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247
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Aff'ENDIX A-4
CITY Of LOS BANOS
WATER DEV!LOPMEt.lT IMPACT FEE CALCUlATION
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APl'ENDIXA-4

CITY OF LOS BANOS

WATER DEVELOPMENT IMPACT FEE CALCULATION
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APPENDIXA-4

CITY OF LOS BANOS

WATER DEVELOPMENT IMPACT FEE CALCULATION
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APPENDIXA-4
CITY Of LOS BANOS

WATER DEVELOPMENT IMPACT FEE CALCULATION
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251
dta
APPENDIX A-5

CITY OF LOS BANOS

SEWER DEVELOPMENT IMPACT FEE CALCULATION
o,_,,.,
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t.,.;U,.nt!! /Na ........ 11
000SF 1:?e 1&!!!e!i!!!:?:::-.SP l 1r!!i! Nm,..._ s, Pal' lc] Stngl•Famlly __ •. 155 151 1.00 4,155 ,ty
136 2.81 0.80 - : Ago- •• 1.90 o.s, 24
Rat.ail 238 2.00 .. ., 130
°"'" 910 1.50 0.43 389 lnstlbJtfOnel 120 0.75 0.21 2&
\ D. • ....
- Qlltlllky
'~!xi!! a..,,,, ,~ i.. T!§!!tt ~ 1!!!! 1•!!!! ~ I~ fadtl;yRepllc:emant 1 ,_. ... ,.. ... $55,501.300 0.18 ~k-
.sune,•11
252
dta I
"'..,__.~Rlplaclffln lo] blltl,v ..__,_

1.000£°"' niii"
APPENDIX A-5

CITY OF LOS BANOS

SEWER DEVELOPMENT IMPACT FEE CALCULATION
lb! T--mr.
, __ ,___,_ [CJ
T•-~ ,~-~
~-[dJ
9:'",_:.::: l'._t,_!!_
,.u.....,.,..,.cu11r"'°""-..-..-.,,.,.. __ m1-,.1Mf""""111Jr111-100510-~ 1,_.,.,1m
b'-1"11 ~-
A.1Cmc_.....,Elrlllln9111d-Dffllli,nent
r,tidtity.I_'IIIII
~
--
~
-
W~9f ~ f.::W lty Repfacamart
J_-
~ a..!,.._
,_,,_T ... s,.,,..,.....,
t.41fl'lfwnll'f
"!JO-
-
~~~~~ """"
TnulAIOC:MadCQr-r.w~ioprnenc. ....... r .. --.,.-a.m..
-
.• .
~:.r ll,ZR .~ T ... Nu!nbard
'----!!!!!!!% 11.41
AA!
1113
,.._.,,_ °""' lOlR
i~
--· 5=!!!AHDCWd
-Oit'I
i!'.fft.
---- fS!~
.,__ 10,._o.+weocw,ac lll.01:t.6~.9
~~~ 1.00

0.80 0.54
o.s,

0.4l
a21
n <
.__,.,...,.
---at1
.,.

R"'
ll!!!!!l5!!1!
RZ. .. ,Ht
9!.ftl!AIG
1-,~.]g!
,_ T'\ICU'e EC>U's

5.622
11\21
1 -
---
Non,,,.Ra.S.F,
$4,M7.02
SJ,81142
Sz.&Zl.14
Sl.7&1.84

52.071.38
11,035,69 ,...,
!oil arl ~f'ecllllallllflJIU .._..Fadllil._.._,.

IIJOnd~ "':;=-' Q IO
~--- __ .,.,
-- N/ii
C>Jl.
...... ml. 15.812,13
_.,,_
1----- s.F.
··~: ..
238
910
120
-
----FldlllJ1

0.,1
~ !.ell
C:O..Fl-i,,, "" Dlf
SZ0.1J9,042
SZ.1155,065
S115,"45 $657,477
S1.885.595
f.124,0SZ
u n OS7
S27.Z41l.782

1.n41-· ...
____ T_.....,._ lal ,...,,
'51:l!l Hll
253
dta

2.!!!!!.
.'1!.
[;ncJlll(IIS~
re1:an.e
MmlJooT,,,_ 51ng19•-
Muld1'8tr1lly
AgeRMttltbKI
..... , on-
_.. ,
l!nMD!.

I '""'
~
~
~ ,efadlr&..~l
S<orm""""
undUltT~
S"1glof'amUy
Mul~ .. ly
iAgeRe,tr;aod _,
0ll1co
l!nd --· ......_.n.i
~'-'->--!.
_MJi_:i T.'fl.X'
!
Storm Drain fm:llltllr.li •''lih.•nlflllo
APPENDIX A-6

CITY OF LOS BANOS

STORM DRAINAGE DEVELOPMENT IMPACT FEE CALCULATION
la) _.,Un .. '............__ JiDOO SF
~758
1,753
...
555

2.123
279
4 9'J3
-· 100
NA
l•l _.,llnlls
/Non-!!!J:]~SF 4,155
730
..
2J8
910
120
z,:a:
9'!!!!'\} 1
~ lecllfaclllt .... -
·1•1 .,.,.,.,.SrNds--.... l!&!!?f!S!:!:!!aSF l.51

2.Bl

1.90 zoo

1.50 0.75
I!,!!!
~,.:iG [!l!!!J'~
lbl
--.-u"" 11,000!!!!!:1!!!!,!' 3.51

2.81 1.90

2.llD

1.50 0.75
~
!!!!!!I"""' lntegn,(ed Facillly
(C)
EIIU9 .... Un~ '""''.!l!!!! --5' 100
o.eo

0.5<
D.57

0.43 0.21
2;14
-,,1
[cl
Elllllporllnll l!!! l.!!!!!!....,_..._ ,sr

1.00 0.80
....
o.57

0.43 0.21
QiH
hdf!!t~
128,04_~,DOO
ldJ T-1 _.,&IIUs •1•1e-l 9,758
1,402
129
:no'
""' eoI ,
'°'
ldJ T- _..,EIIIII :9•ri.1 4,155
...
24 138
389
Z8
l!ll _____tm.
=:II
QUffllllY e!! 1i!l!il ~

0.18 254
dta I
·-"'""----
-ng
lo) - .~~11\Y
APPENDIX A-6

CITY OF LOS BANOS

STORM DRAINAGE DEVELOPMENT IMPACT FEE CALCULATION
llil
--EIIU'I
tel ,-_r.:tll\Y-IDIIII To-- ' 1.a1• -
{di
"'--
-... 1 ·-- -- -
lol .___.,.l!IIU ... [A.1.._,_ ..,....,E)Ollliij..._- irllllt--mlEll!lllflD.1Mfadll\yl/nltll-lOllllto-~ [A.3.---~ftNIIWl)lrillOjlUIH
lr.--...1.,,..
-r... ---
_...,, ,,_ Storm Drain Facmua
,,u., ~
•-•-T- =~ty .-g,R..,,aM
-
0111<e
_ ........ -•I
l~(IU,t~~,.....~ •nt
,_
_.,,
•utll
T_,_.,
!!.~ ""
=
""-"' r-7ii'ia -
~- ea.- 10Now........._.

S,IUJBl,,tgt;
mus-"'""' -- ,S-',
I.CO
OJlO
o.s,
051

0.4'
D.21

0.1,
~l'IIDllllrSOllt
---
-Call
lltM'"'ioi
t1aM11aa11
T.,.I PuaftFtll""-
- ~ 5.&ZZ
. .,,
1,00CJNon,.,lln.S.,,
-S2.3S6.5D
S2.95B.13 --i:M0'127
Sl,MS.5,4
$1.26'.t&
S632.0S
••"~
._,.._ --'!lo N"
o ..

Coit- EDU 12.987.31
_..,_
t.000..____ $.F_
4,155
736
•• 238
910
120
,,,,
._..,.._ __ ._I

0.01 CO..-by Dlf
S12,290.81g
S.1,742.,440
S70.456
$401.257
$1,160.715
m.100
,-.. ,1 Sl B,BZl.864
11- .......
•
255
dta APPENDIX A-7

CITY OF LOS BANOS

TRAFFIC DEVELOPMENT IMPACT FEE CALCULATION
1 r.ia1111amu011i:111~- __ -:.. ~--·-• -- -~-~ --- - - -~ Trip Generation Rate per Total
Unlt I Per Non-Res. 1,000 Number of Units / Non- PM PKTs LandUseTvne S,F. Ras. SF leer Unlt/1,000 Sf)
Single Family 1.00 9,758 9,758
Multlramlly 0.69 1,753 1.214
AgeRestrlctarl 0.54 239 129
Retail 4.98 555,240 2,767
Office 1.00 2.123,183 2,119
lnstltutlonal 1.21 279,366 337
Industrial 0.85 4,972.TIB 4.214
Total 20.638
!lfatv~t::::.i_ca:~tlll!_ID!l -~~ -----=--== ~=~--=
Trip Generation Rata per Total
Unit/Per Non-Ras. 1,000 Number cif llr11ts / NonIJmd Ilsa S.F. R:oS-. Sf Single Family 1.00 4,155 4,155
Multlramlly 0.69 736 510
Age Restricted
- 0.54 H 24
Retail 4.98 238,058 1,186
Office 1.00 910,310 908
Institutional 1.21 119,778 145
lnwstrlal 0.85 2 132,0'1 1807
Total 8735
11 Pr®o~•:i r a::11:1·~ cc,~- _ - ~- -- --- - ----
Facility Faclllty
COSt
Transportation Facllltles COS( $58,539,061
Total Facllltles Cost $52458064
256
dta APPENDIX A-7

CITY OF LOS BANOS

TRAFFIC DEVELOPMENT IMPACT FEE CALCULATION
.~1'ff'Ot'tiUOi1 t r ~t':11,tfcs to [vi:• rr, 11"'".l f ~,~,v ~ \~;nieo91 ~ht~l~i,;) - - - -- - Tollll ~of FKII~
Number of PM PHTs ~Altoc:.i.d Cost
Existing Development 7.0,538 1016" S5,679,933
NewOevet t 8735 29.114" $2,415.63
Total Factlltles Cmi Z1J ,co,. sa095 see
II/ Ailc~?~•cl"\ <:'f !.1ci!1' 1"~ 10 r,..·::' ...,<1 ;:;""ci i\'"'tJ Drv;:-1na,....a..,~ (~:3-:ar! on r~ r ti 7,i;-) Total "-tlgeott Feclllty
ll9v9I Number Of PM PHTs Cost Allocated Cost
Exlstlng Development 20.538 10.16'1, S359,722
New 735 2984% 152,987
Total Factlldes Cost 29,273 l()()S $512.709
l.)~At!0=..1t•onot j y ·J!1 t·ur, t{') fv ::·r1 :'l"r! r:,:~·: P1)\'t1op--0 ... !. lti:"";f\d C·'1 rr .. 1 Pnr~,~---t - ~ ------- - Total Percenlage of Faclllty Number of' PM PHTs Cost AIIOl:8tecl CO$
E,ilstlng Devolopmeni 20.538 1(116" $9,189,027
N- mont 8735 29.84'11, S 908.025
TOIIII Facllltles Cost 29273 1 $131)117 062
IVJ•'l\'rnll!Onc• r~r. , .t rs·~ rv,-• rn1an111-v. l>vc·- r~00 , (')yoj M f'M 1'11 N - - Total Percentage of Faclllty
mem Number of PM PHTs Cost AIIOClltlld Cost
&lstlngDewlopment 20.538 70.1a,(, S2.034.613
New 135 29,&4'1 111653015
Toail Facllllles Cost 20.273 1~ f28119,911
rv APoc;-i: er ~r r~c 11•~1t,.-, 1 0 [ ... ,•:,, n1 E"r''1 fJ""N D<-vr- 100 ..... w--· (:--~:-?~ ,..., n.'i Pl !Ts) ~ '= ---- ~ - -• -- - -- T-1 ~ljeof Fecnlty
Number of PM PHTs Cole Alk>cat9d Cost
Exlstl,,9 Oewitopment 20.538 70.16% $1,704).158
NewDevel 8735 29,84'11, S725 111M
Tout Faclllllea Coot 29273 $2 429 22
Ward Road I ave.
'$8.095,566
Place Road I 0118,
$512,709
SR1651 rDll8.
$13,007,052
Ba
S2.899,919
ca Avenue lllll'rove.
$2.429.922
257
d-ca APPENDIX A-7

CITY OF LOS BANOS

TRAFFIC DEVELOPMENT IMPACT FEE CALCULATION
1v r-1:J<:ot10~ ,,r r"J:11, moDl!~l!'if!iiffi New1'WMOll"1em:11:ni~ll!I rMRh'"i' -.. . .. ' -· Total ParQentageor Dffe ffl"'1l Number of PM PHTs Colt Alloceted
Existing Dewlopment Z0,538 70.1~
NewOeve ant 8.?Jt 29.84"'
Total facllltl89 Cost 29273 1 1329.411 .
. TDl81 Pen:entaga of Facll~
Davafoom"'1l Number of PM PH1s Cost Alloc:aled Cost
Existing Duvetoprnem: 20,538 70.111'1 $1,833.64'1
N""'°""8'-e~ R735 .29.IM'lf, nnl,<136
TOlal Facllltles Cast 29,273 mo• I? 813.483
V J,l!oc~11a:1 t i fbC:lfltlP.s t8 f.v•(,· , .. 1: .:HYJ N,.w C~l/cfo;::-::ri; ftn.·"G ("\n PM PHT•l ~ _. __ --~------~·-=- Total ~r,f Feel!~
Number d PM PHTa Cost Allocatad Cost
Existing llavelopment 20,538 70.16'lli $819,978
New Dew t 8,735 29.84% S348.m
Total Facllllles Cost 29273 lOO!i\ Sl 111 709
~tlfltllcf r:ciht•c:; to f'(.it:~i"q ~r.:1 rJcw CC'vc•r,nmc,..:-liiiiiirtit! ~~ ~ ... Total P..-centageor Fecll~ Num- or PM PHTs Cost Alloc&WI Cost
Existing Development 20,5311 70.16" $18,625,854
New 0""8lOl>ment 8.135 .84!5 S7 921436
Toc:al Fecllllles Cost 29.273 100!5 541290
rv /\1 10::r:;ron cf r 1cll 1,r:,; ~n rx/'i' l""'ll • r.d fliw ffiWMr..ermti'!"lftb·1':M, 11n f M rf ir~tr -• .- ._ I ,.

Total Pen:entaga al Facll~
"'-1 nt l\!u-dPMPHTs COlll AIIOc$d CO!lt
EldSllng De.utopmant 20,538 70.161' $70.1fi1
Now llevelo ""' 7 29.849' 298)9
Totlll Facllltles Cast 29, 73 1 SlOOOOO
Dove Street lma,mve.
$32!141'
Pioneer Road lmnrove . I
$2,613,483
Cardoza I Madison Ave I Pe e Ave I
$1,168,709
Intersection & Modlncatfon
$26,547.290
i=ron & Modification Im ave.
s,00.000
258
dta APPENDIX A-7

CITY OF LOS BANOS

TRAFFIC DEVELOPMENT IMPACT FEE CALCULATION
. . .,:..1.r, n Intersection & Modification Im- .

Total Percentage of ~eelllty
De,/elnomant NI.Imber of PM PH1's Cost AIIOCldlld Cost S745.000 Existing Development 20.s:;s 70.16% $522,700
New Devel- ent 8.735 29.84% S22'.,,..,
Total Fadlltles Cost 29273 100'l' l7'4!.000
\" /\flo;,:,i:_a_:i n' r:.t:11tir-s :o i4~n 0l'V~'or,MM1!. {t.i;:-1 o~ N;v. E.D ... r:,J - - - Facility Cost Total Allocated ta Cost Per
Faell Number or PM PHTs New Devel ment PM Peak Hour Tri Traffic Facllltles Cost 8,735 $17,467,449 $1.999.77
8,735 ! ,_ L 'S6!lfi19•
Total $1,303.58
V I r.c-vr-' ::per [P,:e:.. :;.?•rj (\Y," "ri"l\t'"! hy rrr-,;. t)M lJrnlllflt l.000 N~~-9n.!.r Awraga Dally PM PHT per
Unit/ per 1,000 Non-Ras. F-per Unit/ 1,000 Non- Numbar or Units/ Non-Rm.

LendUseT- SF Res. SF SF Cast Financed bv DIF
Single Family 1.00 $1,303.58 4,155 $5,416,294
Multlfamily 0.69 S903.11 736 $664,953
Age Restricted 0.54 $703,93 44 $30,973
Retail ~.98 $6,495.18 238,058 $1,546,230
Office 1.00 $1,300.86 910,310 $1,184.184
lnstltuUonal 1.21 $1.574.04 119,778 $188,535
lndUStrlal 0.85 $1,104.71 2,132.041 $2 355283
T oral Allocation to New Development $11,386.452
TO(;III l'\1iocotecl to E.dmM Davel=ment $41,071,612
Total facllllles Cost> '.IID-458.094
I
259
dta
Cly Hell !xplrl!lon and lt&hllbailallan
C11]1 ""'1 PMilig'-"_,~
CcunctlO...-UW- -Rep_, .. " ,.mrniuon 'lent uy•ISl"llllllon

1.ane1 •._.,._
1 51r,gtoFen<ly
.......... ""'-
-
oma,
-· ""'""'""
Fodl"' T"'" Cky Hall Cxpensloneno Rehebllitetion
C1<yHa,P•n<11,g t.otuno""""8plng
Count.II Chamber llpgnlda
Nelw~rRflplneftmftnt
Corn ._..,_ Yard E~
11,m!!/!!Tll!!! ISfr'Jiil'F_,,.:,
..,._
Mlilllfemlty
..... , ~
1-
·-
l~ ~Te Ct.y tia~ lapanslonandllehllbllltntlon
Clyl-llll-1.olondlAo-ing
Cow,clici-l>ffUpg,- -Allpl- -vtn1._
~~~
APPENDIXA-8

CITY OF LOS BANOS

GENERAL GOVERNMENT IMPACT FEE CALCULATION
31,800

33.000 ,
1 00 N-dllnb
INon-alllL\.Q01Q_I
0,7lill

1.763
"'"
~-·- 31,800

33.000
1 '
_.,_ Ill
l~i!!:!!!t.l.!!!12!&'!! 4,155
738
.. I)
I)
I)
I)
o.-1" .. ...., 35.700
1 ,
1 Fichny unlto -·-
_., ... ,_, .. ,1y
lntagrv,tedFICflltyl _k9,~-.i;J: Fecillt,,
lbl
--1,.--...._sr .... Unit

3.51 2.81

1.90 -MU- Squ..-er.et
1--FKll\ty ~- lnlllgr11tad Feclllty
1,m..-facllrt.-
"' _por_,_
l!!: ...... ]llB.2: J..91
....
, ...

D.00
om

0.00 f:E!!!xl!l!I
.........
5qunreot
._...dF11Cll\ll' --fee __ .... ,.....,
le! fDUlporUn~
----s 1.00
!Ill)
•••
.. ,--~
2,810.TI
U21llD

0.09 D.09
le] EDlbporUnll
l 2!!:1S,..._2 1.00

0.00 0.14

0.00 0.00

0.00 !:!!a!!!!l !i!!!! n.2411.oso

11.m,150
ffllOJJOO
'18!.124
'1.!SO.OOO
. .,. "
ti'iiEii
=
T-·--1 ttumblr'd'Unlla '• c•,.,1

0.7581 uaz
120
ldJ _.,_ ~
!•\•1c1 ,USS
5811
•• 0
0 0
e 1.2!!5!Ct'llh
~
a,,eoo.13
JAGB.Z4

0.21 0-21
D.21
260
dta
!A1Cllj11111~..,·-~
"" l!dld,v ,..__
'eo2EDU's '-~
APPENDIX A-8

CITY OF LOS BANOS

GENERAL GOVERNMENT IMPACT FEE CALCULATION
IOI TOllll1'1an £IIU'a
•m
l<I
----- T•--- ___l!l:l!!
n.m; ..
00 ....,__ -'J!!!!!l!!!!:! ... II Anrl _l!
ou.__,_ _ __,lldotlnii _____ 11111~p1Ut,...,,._•--'"--
lrec:1,r,,-,-..
£-.o
·~ i:::::-~--~
~ .;,~-..... La<-~
lo! ~
~ -!:!.~
_., B1111
ll.2110
f:798
~
~
1s.n1.42
~
_ill!M!
lbl T--EDll'o
' !
........... Tall!
fJlU'I,
1Q31S
.. ~
O,..,M••wl '8 >310
~

11.2 __ __,-.. _______ .,. __ _ ,.. __ IUC.._ _ _,_11111_........,_. f n;G!III t,ju,g
t~
re:, ~ ~
-
1,!)l)!!Ellll'I
-
_ ,,,

11.190
Talll

15.3311.ea
MM½
lb!
., __ B1111
.... le) ..__,...., __ T•--...12 0-0
rc.a ...-,_~_"11 __ ,...__, ___ .,.,_._u---"'
roe,- ·--
_., ,...,_.,_ -h -h ~-- -- 11.2'0 ~
- ··-··- . ., .....
~ ----- , .. ·--rtli!l!\'Jc .,..
0 11 c,.:J: t'..t ,-E
_,_Sift
-----Til ~• c-,· t _!il)l: 1)
=
ldJ
1'1-opc-'- -UlllllfJM, ....
____ o,r.,
---M
11 ··-~
i=t
[oJ
S.--po,EDU ..,.,.,.,_
__00,·lol .....

Allomeld
--10DI. To
HJA n ... HlMI.
lll --llll'n!E-.,
--
_!bl'!oll 1000
T...,_,_,_ -
111.nuz
fl'ITIM
"'
l•J pt -Fadl!yp rEllU .,__,.._lllyand-,.
iio,o,,o~ .'!-4-.J. _ ______i_w~u --1000
....-~ --To Talll....,_FedAIJ
NIA -... , no>- 050
,,.,
_...,._ ,_:..,_
Jc:l•ln
__ Tall!,.._ 1111 ,...., l<'•'.~
261
dta
D.1--•·~
..__,__
-.
1!!!!2.S!!!~ nm
APPENDIX A-8

CITY OF LOS BANOS

GENERAL GOVERNMENT IMPACT FEE CALCULATION
lbj
., __ pr,
__ [C] l'ldlllf_l_ To---- ___J,l"A,j_
.,...,__ I<!
~nl:

D.l.....,_fdlY..,....flllclng ____ ~--l!dlllllg. .... Aiciii,jllftlll ____ .,...._. lic....tllN~
,._

0.1caa.....,_1:>Ml'Gn.._11M1ap1W&
_., ,.,,.,.
"""' ,.1~
T-~ El)lh
~•rn,... ....,.
-
mi ..
ff--
..,....,_,. __ .,. ___ _,...,........., ____ _
,_
~----- ,,~ ... ~ G<nor,OGooo.-....wu..
_.,
11,290 ~.
!:ll!IZ:!!!l.-- -0.
-"'I.ff""
-;;;
!Jl1. _lA!l
__ .,Tolll

10.JUl
1!
~
lO.Ol"
JU!!.
l!!2!!a
---SS,G!,579
....
0,00

0.00 0.00
--~- ---... , 9,lf
h-.:-i~i:
::J
• T ...
!!!!!!:!!!!!!!. 4.7&8
,,..
-porUllftl - M 11oz;01 sea,.111
-SQOO
S0.00
IQOO
lei Ill ._.-~porEDU --Feell\Y..,.,.~ ..... -. Jd).{aj --lllt!•ll 111X)

0.11 ==
--MIA
""l
:---m
Cml!:";
s1.1S'l.e1 "'19l1
4,155
730
..
• a
a
Tlllal~f'lcllli,
o,,
OM_
,._ ....,_,.,..,.
,,,_..,
OIF
12,917,072
u, .....
11e.ru
so
so
so
Jll.47.3'1 ·~
Q;,O
____ ._......,... lol ,...., lsl!i!I
1m
_..,_Rd,_ T-~
~ · ~-
262

APPENDIXB
2019 Needs List
263
llE.\lELDeMElllI IMeACI E£E eBOGR6M
CID'. Of I OS BAtl~
eue1 IC EACILIIIES lllEEllS LISI Il:IROUGl:I 2038
"' ~· - _.,_ -- T.-O..b'--iJ NaC-:•Cll:t: ~ ................ ............ ., ... &. fWPIPJJ'l:tOIIAQ/ta - --- , ........ T,waw,..,.,.,.tOQ ......... .. .,,..,. ...... ..__,. ·-- ,..,_ ....
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CC 01.15.2020 wav
EXHIBIT "B"

DEVELOPMENT IMPACT FEE SCHEDULE
7 267

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268
d a WWW FinanceOTA,com

SECTION VI

SUMMARY OF FEES
The total fee amounts required to finance new developmenrs "fair share" of the costs of facilities in the Needs Lists are summarized in Table 43 below.

Table 4!: City of Los Banos Development Impact Fee Summary ---- - -- ---- ---- - - -- - - -
City of Los nano.,
Development htlf)ac!.. fcC's pi..:, Urnt {flcs1d~ntial}ll.OOO Squi'l,L rcct (Non•Rcsid>.!nltal) -lllllillBIDlllllllllllllllll!!lrllllm!m
Single Famt\Y $1,258 SU54 $7,028 $6,317 $4,847 $2,958 $1.304 $702 $803 $27.571 Multi-family $1,006 $1,883 $5,622 $5,054 $3.878 $2.S&7 $903 $562 $GI $21.9U Age Restrlctad $681 $1,274 $3,804 $3,419 $2.624 $1,601 $704 $!80 $435 $M,92S Retlll1 $717 $1,341 $0 $3,599 $2.762 $1.&815 $8,495 $0 $498 $17 •• Office $538 $1,00G $0 $2.700 $2.071 $1,264 $1,,302, $0 $266 $9JM lnstlM1onal $269 $SOS $0 $1,350 $1.0!6 $632 $1,574 $0 $161 $5.524 Industrial $179 $335 $0 $900 $690 $421 $1,105 $0 $109 $!.740 City of Los Banos
O.nlopment Impact Fee Justification Study DecemberJJ, 20J9 I 48 269

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270
ORDINANCE NO. 1178

AN ORDINANCE OF THE CITY OF LOS BANOS
AMENDING TITLE 9 CHAPTER 2 ARTICLE 6 OF

THE LOS BANOS MUNICIPAL CODE

ESTABLISHING A GENERAL GOVERNMENT

FACILITIES DEVELOPMENT IMPACT FEE
WHEREAS, the City Council enacts this ordinance pursuant to the authority granted cities by Article XI, Section 7 of the California Constitution; and WHEREAS, the Land Use Element of the City of Los Banos' (hereinafter "City") 2030 General Plan update "requires new development to pay its proportionate share of the costs of public infrastructure, services, and transportation facilities. This shall include parks, fire, and police stations, schools, utilities, roads, and other needed infrastructure"; and
WHEREAS, to help finance needed public facilities within the City, the City has adopted Ordinances to establish appropriate development impact fees pursuant to Government Code sections 66000 et seq; and
WHEREAS, the City has not updated or revised its development impact fee program since October of 2006; and
WHEREAS, in accordance with policies established in the 2030 General Plan update, staff has taken steps to conduct a comprehensive review of the City's development impact fees .to determine whether those fees are adequate to defray the cost of public facilities related to the development project; and WHEREAS, OTA (previously known as David Taussig & Associates, Inc.) was engaged by the City to prepare.an updated AB 1600 Fee Justification Study; WHEREAS, as a part of the update effort the City has held a number of stakeholder's workshops attended by interested community members and the development community; and
WHEREAS, DTA. has prepared a report, entitled Development Impact Fee Justification Study, dated December 31, 2019. that calculates the maximum fee levels that may be imposed on new development and sets forth the nexus/basis for the imposition of the fees on new development; and
WHEREAS, the City Council held and conducted a public hearing on January 15, 2020, in accordance with applicable public notice, to review and consider the Development Impact Fee Justification Study, and the updated Development Impact Fee Schedule and this proposed ordinance; and
WHEREAS, the purpose of this ordinance is to amend Chapter 2 Title 9 Article 6 of the Los Banos Municipal Code relating to development impact fees in the City of Los Banos by combining the Corporate Yard Development Impact Fee; City Hall Development Impact Fee; and Community Center Development Impact Fee; and establishing a General Government Facilities Development Impact Fee consistent with the above referenced Development Impact Fee Justification Study, and the updated Development Impact Fee Schedule.

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

Section 1. Pursuant to Resolution 6163 the City Council using its independent judgment found and determined that the Development Impact Fee Justification Study prepared by OTA and dated December 31, 2019, complies with California Government 1 271
Code section 66001 by establishing the basis for the imposition of fees on new development. The City Council hereby incorporates those findings by reference herein in that the Development Impact Fee Justmcation Study.
(a) Identifies the purpose of the fee;
(b) Identifies the use and the public facilities to which the fee will be put; (c) Shows a reasonable relationship between the use of the fee and the type of development project on which the fee is imposed;
(d) Demonstrates a reasonable relationship between the need for the public facilities and the type of development projects on which the fee is imposed; and (e) Demonstrates a reasonable relationship between the amount of the fee and the cost of the public facilities or portion of the public facilities attributable to the development on which the fee is imposed.

Section 2. The City Council of the City of Los Banos does hereby add the following section to Title 9, Chapter 2, Article 6 of the Los Banos Municipal Code.

Sec. 9-2.614 General Government Facilities Devel~pment Impact Fee.

The City hereby establishes a fee for general government facilities to serve new residential and nonresidential land uses in the City and the City Council does hereby impose a general government facilities development impact fee to be paid at the rate set forth by City Council resolution.

Section 3. To the extent that the terms and provisions of this Ordinance may be inconsistent or in conflict with the terms or conditions of any prior City ordinance, motion, resolution, rule or regulation governing the same subject, the terms of this Ordinance shall prevail with respect to the subject matter thereof and such inconsistent or conflicting provisions of prior ordinances, motions, resolutions, rules or regulations are hereby repealed.

Section 4. If any section, subsection, subdivision, paragraph, sentence, clause or phrase added by this Ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses or phrases are declared unconstitutional, invalid or ineffective.

Section 5. The proposed amendments to the Los Banos Municipal Code do not propose any changes to City policies or regulations that would result in a direct or indirect physical environmental impact; therefore it has been determined that this ordinance amendment is covered by the general rule that the California Environmental Quality Act applies only to projects which have the potential for causing a significant effect on the environment pursuant to CEQA guidelines section 15061(b)(3) and is not subject to environmental review. Alternatively, the proposed amendments to the Los Banos Municipal Code were contemplated as a subsequent implementation measure to address impacts on public facilities contemplated in the Los Banos 2030 General Plan Program Environmental Impact Report (SCH #2006121055)("GP Program EIR") and the Los Banos General Plan Land Resources Amendment Subsequent EIR (SCH #2016051033)("GPA SEIR"), and are generally consistent with the anticipated public facilities · contemplated in the GP Program EIR/GPA SEIR; therefore it has been determined that this ordinance amendment falls within the scope of the project covered by the GP Program EIR/GP SEIR pursuant to CEQA guidelines section 15162 and is not subject to further environmental review.
2 272
Section 6. This Ordinance shall go into effect and be in full force and operation sixty (60) days after its final passage and adoption. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted and published once within fifteen days after passage and adoption as may be required by law; or, in the alternative ·the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five (5) days prior to the date of adoption of this Ordinance; and, within fifteen days after adoption, the City Clerk shall cause to be published, the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk.

Introduced by Council Member Lewis and seconded by Council Member Jones on the 15th day of January, 2020.

Passed on the 5th day of February, 2020 by the following vote:

AYES: Council Members Faria, Johnson-Santos, Jones, Lewis, Mayor Villalta ·
NOES: None
ABSENT: None
APPROVED· . . ,
ATTEST:
~-1-~
Lucille L. Mallonee, City Clerk
3 273

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274
TO:

FROM:

DATE:

LOsBanos
At the Crossroads of Cal~(ornia
Agenda Staff Report
Mayor and City Council Members
Soknirorn Than, P.E., Public Works Director/City Enginee~ / L__ January 4, 2023
TYPE OF REPORT: Agenda Item
SUBJECT: Pickleball Court Project Update
Recommendation:

That the City Council receive the report and provide direction.

Background:

Pickleball is a racket/paddle sport that utilizes a court similar to tennis courts. Courts are smaller in size than a tennis court and the game can typically be enjoyed among ages 10 and up. Pickleball is a rapidly growing sport locally and nationally. The sport's popularity can be attributed to its accessibility to people of all abilities and the natural socialization that occurs playing on a small court.

In Los Banos, the popularity of pickleball has grown exponentially since 2015. During the 2020-2021 Parks Master Plan process, pickleball courts were identified as a need and a highly requested amenity from the public. The Plan identified that residents desire specialized parks such as sports fields, dog parks, skate parks, and pickleball courts to support an active recreation lifestyle.

Pickleball is enjoyed primarily by adults and seniors. The construction of pickleball courts would alleviate the absence of a golf course, swimming pool, or quality tennis courts available to adults and seniors in Los Banos.

The sport's local popularity has mirrored national growth. In August 2022, CBSNews estimated that there are 250 pickleball complexes in the United States, a total expected to be over 400 by the end of 2022 and a total of 600+ by the end of 2023. 275
In spring 2022, with the availability of American Rescue Plan Act (ARPA) funding, City staff began identifying possible locations for pickleball courts for review. Consideration was given for space to allow for between 6 and 16 courts, possible noise impacts and the readiness of the property for construction. Additionally, existing City properties were prioritized due to the timeline required by ARPA funded projects.

Funding for major capital park projects is eligible for ARPA expenses. Expending ARPA funding would assist in reserving funding from accounts such as the Park Development Fund for possible future improvements at Pacheco Park or Colorado Ballpark.

Cresthills Park was identified as a suitable location for the construction of the courts due the location and availability of park acreage to construct on. The majority of open space in City of Los Banos parks is unsuitable due to its proximity to housing or its location within a detention basin.

Up to six pickleball courts can be constructed at Cresthills Park. The courts would replace an existing sand volleyball court. The courts would be supported by the existing parking lot. The project identified fencing, lighting and a connecting sidewalk as supporting amenities for the six pickleball courts.

The courts would be parallel to the existing basketball courts. There would be an impact to the neighborhood park's usage and a restroom is not presently allocated as part of proposed funding.

On April 19, 2022, City staff presented the Cresthills Park proposal to the Par~s and Recreation Commission and on June 15, 2022, City Council approved the project for funding. Based on a preliminary estimate, $600,000.00 was approved for the design and construction of six pickleball courts at Cresthills Park in the Fiscal Year 2022-2023 budget utilizing ARPA funding.

Discussion:

In August 2022, City staff assigned design and engineering services for the project to Cala Landscape Architecture (Gala). In October 2022, Cala provided an updated estimate of probable construction costs that significantly exceeded the current available budget of $600,000.00.

On October 18, 2022, City staff presented an update of the project to the Parks and Recreation Commission. The discussion centered on prioritizing the conceptual design and the inclusion of amenities. Members of the public and the Parks and Recreation Commission emphasized the importance of including elements such as post-tension concrete surfacing, lighting, and fencing.

Cala provided an updated estimate of probable construction costs on December 2nd, 2022.
276
Project Start-Up: $92,100.00
Erosion Control: $15,350.00
Demolition: $18,470.00
Grading and Drainaqe: $63,750.00
Site Construction: $442,080.00
Site Furnishings: $51,410.00
Lightinq & Electrical $310,000.00
lrriqation & Potable Water $62,600.00
Landscape Soil Preparation $6,750.00
Planting $36,000.00
Total Estimated Construction $1,098,510.00
Costs:
10% contingency: $109,851.00
Desiqn: $134,484. 75
Total: $1,342,845.75
Due to the expenses identified by Cala, City staff recommends a review of the scope of work for the project and a review of the available funding. The two largest project expenses are related to site construction and lighting and electrical. The City Council may choose to alter the scopes for these two items in order to reduce the total cost of the project.

Staff has recommended post-tension concrete surfacing to provide the best quality and longest lasting surfacing for the courts. Asphalt surfacing at the tennis courts at Colorado Ballpark have deteriorated and require resurfacing every 7 to 10 years. Staff recommended the inclusion of lighting to provide playable conditions for working families and tournaments, in addition to the security lighting would provide. The inclusion of lighting during the pre-construction phase eliminates future escalated costs during a postconstruction installation of lighting and electrical.

For this reason, staff would like the City Council to provide direction on one of the following options:

Option 1: Proceed with the current design to include all the amenities as shown. This includes: Site Furnishings, Water Fountain, Lighting & Electrical, and Landscaping. This option is in line with the Parks and Recreation recommendation; however, there is a budget short fall of $773,140.00. If this option is selected, staff will review and bring back a budget amendment request to continue with this work.

Option 2: Reduce the work scope to only include the basic and essential features. This option will eliminate Site Furnishing ($51,410), Landscaping ($93,600), Lighting and Electrical ($310,000). This reduction in scope will also result in cost saving in design ($40,000). Other reductions are possible but are not recommended as they relate to safety and environmental. This will bring the total budget to $833,276.50. This option has a budget shortfall of $233,276.50. If this option is selected, staff will review and bring back a budget amendment request to continue with this work.
277
Option 3: Reject option 1 and 2 and direct staff to conduct further research. This option will likely delay the project delivery until next fiscal year.

Fiscal Impact:

The project has been budgeted in account 206-410-100-720 of the 2022-2023 Fiscal Year for the amount of $600,000.00. Due to the Estimate of Probable Construction Costs provided by the project consultant, staff is requesting direction from the City Council on the project scope.

Reviewed by:

Attachments:

Resolution
Estimate of Probable Construction Costs
Pickleball Concept Plan
Brent Kuhn, In erim Finance Director
278
prepared for the
City of Los Banos
Item# Description
A. Project Start-up

1. Bonding and mobilization

2. Construction staking

3. Traffic control

4. Temporary construction fence
B. Erosion control
l . Stabilized construction entrance

2. Fiber rolls

3. Storm drain inlet filters

4. Erosion control maintenance
C. Demolitlon

1. Clear and grub

2. Tree removal

3. Sand volleyball court
D. Grading and Drainage
l. Rough grading

2. Soil off-haul, assume disposal at Class II
landfill

3. Drinking fountain drywell
E. Site Construction - l . Post-tensioned concrete slab

2. Court surfacing --3. Concrete pavement, pedestrian

4. Concrete band

5. Chain link fence, 8' tall f6. Chaink link fence, 6' tall

7. Chaink link fence, 4' tall

8. Chain link gate, double ~

9. Chain link gate, single ~
F. Site Furnishings

1. Bench with shade canopy

2. Bench (outside court}

3. Trash receptacle

4. Drinking fountain

5. Bulletin board

6. Court rules sign ----

7. Court number sign

8. Windscreen

9. Pickleball court net, post, anchor
-
22044_EST.xls
CO copyrighted 2020 Calland~r Associates
landscape ArchltectuN!, Inc,
Qty Unit
-
ALLOW 7%

ALLOW LS

ALLOW LS
665 LF
Allow LS
285 I LF
5 EA
Allow LS
I
14,315 SF
7 EA
2,855 SF
475 I CY
475 CY
l EA
12,800 SF
12,800 SF
1,780 SF
590 LF
200 LF
295 I LF
64 LF
l EA
3 EA
I
I I
2 I EA
1 EA
l EA
l EA
l EA
2 EA
6 EA
495 LF
6 EA
Estimate of Probable Construction Costs
Cresthllls Plckleball Courts
Concept Estimate
prepared on: 12/2/22
prepared by: GH
checked by: DR
Cost Item Total Subtotal
$ 70,448.70 $ 70,448.70
$ 10,000.00 $ 10,000.00
$ 5,000.00 $ 5,000.00
$ 10.00 $ 6,650.00
$ 92,100.00
-- $ 5,000.00 $ 5,000.00
$ 10.00 $ 2,850.00
$ 500.00 $ 2,500.00
$ 5,000.00 $ 5,000.00
$ 15,350
- $ 0.50 $ 7,157.50
$ 800.00 $ 5,600.00
$ 2.00 $ 5,710.00
$ 18,470.00
$ 60.00 $ 28,500.00
$ 70.00 $ 33.250.00
$ 2,000.00 $ 2,000.00
$ 63,750.00
-
$ 23.00 $ 294,400.00
$ 1.50 $ 19,200.00 - $ 18.00 $ 32,040.00
$ 50.00 $ 29,500.00
$ 120.00 $ 24,000.00
$ 80.00 $ 23,600.00
$ 60.00 $ 3,840.00
$ 5,000.00 $ 5,000.00
$ 3,500.00 $ 10,500.00
$ 442,080.00 -
$ 5,000.00 $ 10,000.00
$ 3,500.00 $ 3,500.00
$ 4,000.00 $ 4,000.00 - $ 7,000.00 $ 7,000.00
$ 800.00 $ 800.00 - $ 500.00 $ 1,000.00
$ 200.00 $ 1,200.00
$ 18.00 $ 8,910.00
$ 2,500.00 $ 15,000.00
$ 51,410.00
lof2
279
Estimate of Probable Constructton Costs
prepared for the Cresthllls Pickleball Courts
City of Los Banos Concept Estimate
prepared on: 12/2/'22.
prepared by: GH
checked by: DR
Item# Description Qty Unit Cost Item Total Subtotal
G. Llghflng & Electrical