Agenda packet — Los Banos City Council, March 15, 2023

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AGENDA

CITY COUNCIL MEETING

CITY HALL COUNCIL CHAMBERS
520 J Street
Los Banos, California
MARCH 15, 2023 - 6:00 PM
Live stream on YouTube at:
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tRs://www.y_outube.com/@losbanos406 .................................................... .

If you require special assistance to attend or participate in this meeting, please call the City Clerk's Office @ (209) 827-7000 at least 48 hours prior to the meeting.

The City of Los Banos complies with the Americans with Disabilities Act (ADA) of 1990. * * * * * * * ** * * * * * * *
Si requiere asistencia especial para atender o participar en esta junta por favor /lame a la oficina de la Secretaria de la ciudad al (209) 827-7000 a lo menos de 48 horas previas de fa junta.

La Cuidad de Los Banos cumple con la Acta de Americanos con Deshabilidad (ADA) de 1990.

Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the meeting and in the City Clerk's office located at City Hall, 520 J Street, Los Banos, California during normal business hours. In addition, such writings and documents may be posted on the City's website at www.losbanos.org.
* * * * * * * ** * * * * * * *
Cualquier escritura o los documentos proporcionaron a una mayorfa de/ Ayuntamiento respecto a cualquier artfculo en este orden def dfa sera hecho disponible para la inspecci6n pub/ica en la reunion yen la oficina de la Secretaria de la ciudad en City Hall, 520 J Street, Los Banos,
California durante horas de oficina normales. Ademas, tales escrituras y /os documentos pueden ser anunciados en el website de la ciudad en www.losbanos.org. 1 . CALL TO ORDER - March 15, 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 - March 15, 2023
6:00 PM
__ Douglas Begonia, Jr. - District 2
Deborah Lewis - District 4

Page 1 of 4 ends

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pgs. 9-18
pgs. 19-22
pgs. 23-26
pgs. 27-32
pgs. 33-64
pgs. 65-70

4. CONSIDERATION OF APPROVAL OF AGENDA.

Recommendation: Adopt the agenda as submitted.

5. 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.)

6. CONSIDERATION OF APPROVAL OF CONSENT AGENDA. (Items on the Consent Agenda are considered to be routine and will be voted on in one motion unless removed from the Consent Agenda by a City Council Member.) A. Check Register for #237696 - #237893 in the Amount of $2,972,362.01.

Recommendation: Approve the check register as submitted.

8. Minutes for the February 15, 2023 City Council Meeting.

Recommendation: Approve the minutes as submitted.

C. Minutes for the March 1, 2023 City Council Meeting.

Recommendation: Approve the minutes as submitted.

D. City Council Resolution No. 6614 - Adopting a Revised Budget for the 2022- 2023 Fiscal Year as it Pertains to Increasing Expenditures in the Fire Department's Equipment Repair & Maintenance Account in the Amount of $16,750.

Recommendation: Adopt the resolution as submitted.

E. City Council Resolution No. 6615 -Authorizing the City Manager to Enter into the Twelfth Amendment to Landscape Maintenance Contract between the City of Los Banos and Ronnys Inc. for an Additional Three Months (April 1, 2023 - June 30, 2023).

Recommendation: Adopt the resolution as submitted.

F. City Council Resolution No. 6616 - Accepting Public Improvements for Southpointe at Regency Park, Phase 7 (Stonefield Home, Inc.).

Recommendation: Adopt the resolution as submitted.

G. City Council Resolution No. 6617 - Amending the Fiscal Year 2022-2023 Budget by Increasing Appropriations in the Waste Water Fund for Expenditures in the Amount of $870,000 for the Response to the Cresthills Sanitary Sewer Incident.

Recommendation: Adopt the resolution as submitted.

Los Banos City Council Agenda - March 15, 2023 Page 2of4 2 pgs. 71-100
pgs. 101-110
pgs. 111-120
pg. 121
H. City Council Resolution No. 6618 - Authorizing the City Manager to Execute a Professional Services Agreement between the City of Los Banos and Fehr & Peers to Update the Transportation Master Plan.

Recommendation: Adopt the resolution as submitted.
7 . 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 on and Consider the City of Los Banos General Plan Housing Element Annual Progress Report for Calendar Year 2022 and to Consider an Exemption from the Requirements of the California Environmental Quality Act (CEQA) Pursuant to Section 15061(b)(3) of the CEQA Guidelines.
1) City Council Resolution No. 6619 -Adopting the 2022 Annual Report on the Status of the Housing Element of the General Plan and Progress in Its Implementation.

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

8. MID-YEAR 2022-2023 FISCAL YEAR BUDGET REVIEW.

A. City Council Resolution No. 6620 - Adopting a Revised Budget for the 2022- 2023 Fiscal Year as it Pertains to Expenditures and Revenues.

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

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

10. CITY MANAGER REPORT.

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

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

SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT (SJVAPCD),

AND LOS BANOS DOWNTOWN PROPERTY & BUSINESS IMPROVEMENT
DISTRICT (LBDPBID).

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

12. CITY COUNCIL MEMBER REPORTS.

A. Brett Jones - District 3
B. Deborah Lewis - District 4
Los Banos City Council Agenda - March 15, 2023 Page3of4 3 C. Kenneth Lambert - District 1
D. Douglas Begonia, Jr. - District 2
E. Paul Llanez - Mayor

13. CLOSED SESSION.

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

14. ADJOURNMENT.

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

JL~
Lucille L. Mallonee,
f . ~ City Clerk Dated this 10th day of March 2023
Los Banos City Council Agenda - March 15, 2023 Page 4 of4 4 CK# 237696 - # 237893 03/15/2023 $2,972,362.01
Bank Reconciliation
Checks by Date
User: jcanchola
Printed: 03/08/2023 - 10:59AM
Cleared and Not Cleared Checks
Print Void Checks
Check Check Date Name
237696 2/24/2023
237697 2/24/2023
237698 2/24/2023
237699 2/24/2023
237700 2/24/2023
237701 2/24/2023
237702 2/24/2023
237703 2/24/2023
23 7704 2/24/2023
23 7705 2/24/2023
237706 2/24/2023
237707 2/24/2023
237708 2/24/2023
23 7709 2/24/2023
23771 0 2/24/2023
237711 2/24/2023
237712 2/24/2023
237713 2/24/2023
237714 2/24/2023
23 771 5 2/24/2023
237716 2/24/2023
23 771 7 2/24/2023
23 7718 2/24/2023
237719 2/24/2023
237720 2/24/2023
23 772 I 2/24/2023
237722 2/24/2023
237723 2/24/2023
237724 2/24/2023
237725 2/24/2023
23 7726 2/24/2023
237727 2/24/2023
237728 2/24/2023
237729 2/24/2023
237730 2/24/2023
237731 2/24/2023
237732 2/24/2023
237733 2/24/2023
237734 2/24/2023
237735 2/24/2023
237736 2/24/2023
237737 2/24/2023
237738 2/24/2023
Apex Annex Health Center, Inc.

Aramark Unifonn Ser Inc
AT&T
Joseph A. Barcellos
Kenneth Lambert
BSK Associates
Elaine Cory
Cornflower Fanns
LN Curtis & Sons
City of Los Banos **
Fast Track Car Wash
Halcyon Creek Inc.

Habitat for Humanity
Liebert Cassidy Whitmore
Los Banos Downtown Assoc.

Lucas Business Systems
Mark Thomas & company. Inc.

Max's Auto & Truck Repair
McCrometer Inc.

Merced County Association of Governments
Merced MRI Medical Group
Mid Cal Pipeline & Utilities, Inc.

M issionSquare
NDN International LLC
Gerald "Obie" O'Brien
David Oliveira
PG&E Company
Pace Supply Corp.

Pinnacle Medical Group, Inc.

Price Paige and Company
Juan Ramirez
Sample Traps LLC
Save Mart Supennarkets
Sherwin Williams Co
Natalie Sobalvarro
Sorensens True Value
Swinerton Builders
Sutter Central Valley Hospital Los Banos Foundatio
The Heil CO
United Textile
USA Blue Book
Properties 152, LLC
Blossom Valley Realty, JR Souza
T Cityof B LOS anos
Module
AP
AP
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AP
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AP
AP
AP
AP
AP
AP
AP
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Void
Void
Amount
581.00
102.03
100.94
1,230.00
25,000.00
1,986.00
25,000.00
654.04
I 18.74
467.50
297.50
4,783.34
300.00
2,700.00
84,481.22
187.18
3,021.92
600.00
1,399.53
100.00

39.14 339,135.75

75.00 5,196.00

77.14 961.50

26.44 883.59
115.00
2,286.00
1,210.00
440.00

15.85 1,670.14
525.00
423.23
1,623,695.96
500.00
220.00
218.83
848.77
142.21

92.06 ITEM 6A
5 237739 2/24/2023 Virginia Finley AP 36.45
237740 2/24/2023 Cecilia Arevalo Rangel AP 20.89
237741
2/24/2023 Jennifer Villada Cabrera AP 88.79
237742 2/24/2023 Boris Galitsky AP 36.45
237743 2/24/2023 Kimberly Romo AP 10.29
237744 2/24/2023 Century Communities AP 205.51
237745 2/24/2023 Veronica Esquivel AP 163.89
237746 2/24/2023 DLP Real Estate, Inc. AP 36.45
237747 2/24/2023 Home Sweet Home Property Management Co. AP 69.16 237748 2/24/2023 MHP Builders Inc AP 160.47
237749 2/24/2023 Meritage Homes AP 185.77
237750 2/24/2023 Home Sweet Home Property Management Co. AP 141.12 237751 2/24/2023 Norma Orozco AP 85.51
237752 2/24/2023 Jane Moresco AP 131.32
237753 2/24/2023 William Young AP 66.01
237754 2/24/2023 Shauna Mathis AP 72.42
237755 2/24/2023 Alyssa Foster AP 20.10
237756 2/24/2023 Roger Matos AP 76.86
237757 2/24/2023 Raju Mathew AP 72.42
237758 2/24/2023 Jose Grimaldo AP 72.42
237759 2/24/2023 Century Communities AP 207.88
237760 2/24/2023 Freddrick Trezvant AP 16.82
237761 2/24/2023 Alta Real Estate Services, Inc. AP 114.95 237762 2/24/2023 Lance Paddock AP 160.74
237763 2/24/2023 Vanir Construction Management, Inc. AP 109,118.00 237764 2/24/2023 Law Offices of William A Vaughn AP 12,600.00 237765 2/24/2023 Verizon Wireless AP 152.04
237766 2/24/2023 Western Oilfields Company AP 27,389.05 237767 2/24/2023 West Publishing Corporation AP 444.62
237768 2/24/2023 Windecker Inc AP 990.94
237778 3/3/2023 Kasey Alim AP 167.50
237779 3/3/2023 Amerigas Propane, LP AP 718.22
237780 3/3/2023 Apex Annex Health Center, Inc. AP 374.00 237781 3/3/2023 Aramark Uniform Ser Inc AP 1,315.60
237782 3/3/2023 AramarkUniform & Career Apparel Group, Inc. AP 141.76 237783 3/3/2023 AT&T Mobility AP 4,747.05
237784 3/3/2023 AT&T AP 839.56
237785 3/3/2023 Dorothy June Baker AP 629.26
237786 3/3/2023 BJ's Consumers Choice Pest Control Inc. AP 96.00 237787 3/3/2023 Sara Blevins AP 365.00
237788 3/3/2023 Boot Barn AP 367.01
237789 3/3/2023 Brinks Inc. AP 1,577.97
237790 3/3/2023 Bruce's Tire Inc AP 770.15
237791 3/3/2023 BSK Associates AP 1,142.00
237792 3/3/2023 Burton's Fire Inc. AP 1,738.22
237793 3/3/2023 California Rural Water Assoc. AP 1,507.00 237794 3/3/2023 CDTFA California Dept. of Tax & Fee AP 542.00 237795 3/3/2023 Manuel A Avila AP 689.35
237796 3/3/2023 Coffee Break Service Inc. AP 133.08
237797 3/3/2023 Comcast AP 468.36
237798 3/3/2023 Cook's Communications Corp. AP 1,236.19 237799 3/3/2023 CSG Consultants Inc. AP 862
.50
237800 3/3/2023 Cub Scouts Pack 85 AP 99.00
237801 3/3/2023 City of Los Banos Escrow Account AP 1,868.20 6 237802 3/3/2023 City of Los Banos Escrow Account AP 4,122 .00
237803 3/3/2023 City of Los Banos Utility AP 4,860.21
237804 3/3/2023 City of Los Banos ** AP 275.00
237805 3/3/2023 City of Los Banos** AP 4,525.12
237806 3/3/2023 Michael Costigan AP 533.00
237807 3/3/2023 Division of the State Architect AP 649.80 237808 3/3/2023 Docs Towing & Transport, Inc. AP 930.00 237809 3/3/2023 Dos Palos Publishing Company AP 1,483.00 237810 3/3/2023 Dept of Housing & Community Development State NSP AP 18,337.00 237811 3/3/2023 Dept of Transportation AP 6,411.10
237812 3/3/2023 Jimmy Wayne Dueval AP 25,000.00
237813 3/3/2023 F S Rod Inc AP 1,084.85
237814 3/3/2023 Farmer Brothers Coffee AP 152.84
237815 3/3/2023 Federal Express Corporation AP 42.87
237816 3/3/2023 Galvin Preservation Associates, Inc. AP 21,650.41 237817 3/3/2023 Girl Scouts AP 102.00
237818 3/3/2023 Reginald S. Grimes AP 25,000
.00
237819 3/3/2023 Jesus Gonzalez, Jr. AP 350.00
237820 3/3/2023 Bertha Guerra AP 450.00
237821 3/3/2023 Halcyon Creek Inc. AP 17,314
.70
237822 3/3/2023 Henley Pacific, LLC AP 316.29
237823 3/3/2023 Holt of California AP 528.53
237824 3/3/2023 IEM Innovation Engineering Modular AP 25,000.00 237825 3/3/2023 Jerry Witt AP 2,389.00
237826 3/3/2023 Jorgensen & Sons Inc. AP 225.05
237827 3/3/2023 Kimball Midwest AP 56.42
237828 3/3/2023 Kully Supply, Inc. AP 1,175.51
237829 3/3/2023 TimJLaw AP 4,000.00
237830 3/3/2023 Lawson Products, Inc. AP 892.51
237831 3/3/2023 Lucas Business Systems AP 1,453.16
237832 3/3/2023 Marfab Inc AP 634.82
237833 3/3/2023 McCrometer Inc. AP 351.00
237834 3/3/2023 McElvany Inc AP 91,394.97
237835 3/3/2023 Merced Chevrolet Inc. AP 261.88
237836 3/3/2023 Merced County Auditor Controller AP 442.50 237837 3/3/2023 Mid-Valley Disposal LLC AP 267,280
.71
237838 3/3/2023 Monterey Auto Services Inc. AP 130.00
237839 3/3/2023 Municipal Maintenance Equipment, Inc. AP 784.68 237840 3/3/2023 Napa Auto Parts of Los Banos AP 37.73
237841 3/3/2023 Michael Neal AP 2,964.00
237842 3/3/2023 OSE AP 42.19
237843 3/3/2023 O'Reilly Auto Parts AP 1,066.23
237844 3/3/2023 PG&E Company AP 24.72
237845 3/3/2023 Jessica Palomino AP 127.00
237846 3/3/2023 Josh Pinheiro AP 5,000.00
237847 3/3/2023 Pinnacle Medical Group, Inc. AP 115.00
237848 3/3/2023 Razzari Ford AP 105.78
237849 3/3/2023 Ronny's Inc. AP 45,581.88
237850 3/3/2023 Ronny's Inc. AP 1,726.49
237851 3/3/2023 Ronny's Inc. AP 3,985.77
237852 3/3/2023 Rhonda Rusk AP 600.00
237853 3/3/2023 Sample Traps LLC AP 440.00
237854 3/3/2023 Save Mart Supermarkets AP 86.65
237855 3/3/2023 Sorensens True Value AP 963.33
7 237856 3/3/2023 Tenybeny Company LLC AP 204.73
237857 3/3/2023 The Heil CO AP 14,186.56
237858 3/3/2023 Samantha Alison Tova AP 218.75
237859 3/3/2023 Tyler Technologies, Inc. AP 390.00
237860 3/3/2023 Susana Banuelos Torres AP 74.64
237861 3/3/2023 Ma De Jesus Juarez Reyna AP 178.87
237862 3/3/2023 Vickie Thivierge AP 112.05
237863 3/3/2023 Seth Steber AP 124.76
237864 3/3/2023 Century Communities AP 158.09
237865 3/3/2023 Patricia Cerrillo AP 92.06
237866 3/3/2023 Wendy Sanchez AP 75.70
237867 3/3/2023 Home Sweet Home Property Management Co. AP 144.39 237868 3/3/2023 Alejandro Fonseca AP 92.06
237869 3/3/2023 Meritage Homes AP 173.12
237870 3/3/2023 Norma Andrade AP 78.98
237871 3/3/2023 Home Sweet Home Property Management Co. AP 144.39 237872 3/3/2023 Century Communities AP 209.96
237873 3/3/2023 Michael Valadez Estrada AP 29.91
237874 3/3/2023 Pedro Ortiz AP 137.85
237875 3/3/2023 Tiana Garcia AP 78.98
237876 3/3/2023 Valley Entry Systems, Inc. AP 444.00
237877 3/3/2023 Law Offices of William A Vaughn AP 14,282.60 237878 3/3/2023 Verizon Wireless AP 418.11
237879 3/3/2023 Western Pacific Signal, LLC AP 293.72
237880 3/3/2023 Westside Water Conditioning AP 193.50
237881 3/3/2023 Windecker Inc AP 17,976.88
237882 3/3/2023 Youth Evolution Activites AP 1,647.75
237883 3/3/2023 Aflac-Customer Service AP 270.18
237884 3/3/2023 AFSCME District Council 57 AP 1,522.89
237885 3/3/2023 Empower Annuity Ins. Co of America AP 1,193.81 237886 3/3/2023 Empower Annuity Ins. Co of America AP 1,990.00 237887 3/3/2023 Los Banos Police Assn AP 280.00
237888 3/3/2023 Los Banos Police Assn AP 840.00
237889 3/3/2023 Mission Square AP 6,600.00
237890 3/3/2023 Mission Square AP 441.65
237891 3/3/2023 Nationwide Retirement Solutions AP 4,515.00 237892 3/3/2023 Professional Fire Fighter of Los Banos Local 4 703 AP 900.00 237893 3/3/2023 State Disbursement Unit AP 937.50
Break in check sequence due to the following: Total Void Check Count: I Check #237769 - #237777 (Payroll) Total Void Check Amount: 883.59 Total Valid Check Count: 188
Total Valid Check Amount: 2,971,478.42
Total Check Count: 189
Total Check Amount: 2,972,362.01
8 CITY OF LOS BANOS

CITY COUNCIL MEETING MINUTES
FEBRUARY 15, 2023
ACTION MINUTES - These minutes are prepared to depict action taken for agenda items presented to the City Council. For detail of this meeting refer to the electronic media (CD and/or audio) kept as a permanent record.

CALL TO ORDER: Mayor Llanez called the City Council Meeting to order at the hour of 6:01 p.m.

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

ROLL CALL - MEMBERS OF THE CITY COUNCIL PRESENT: Council Members Doug Begonia, Brett Jones, Kenneth Lambert, Deborah Lewis, Mayor Paul Llanez; ABSENT:

None.

STAFF MEMBERS PRESENT: Interim City Manager Souza Elms, City Attorney Vaughn, Acting Police Chief Reyna, City Clerk/Human Resources Director Mallonee, City Treasurer Lawrence, Public Works Director/City Engineer Than, Fire Chief Tualla CONSIDERATION OF APPROVAL OF AGENDA: Mayor Llanez stated that he would like to strike item 9 - CONSIDERATION OF ADOPTION OF CITY COUNCIL RESOLUTION NO. 6609 -AMENDING DIVISION 4, SALARY SCHEDULE/EMPLOYEE

CLASSIFICATIONS RELATING TO CHANGES TO SECTION A - ADMINISTRATION AND SECTION C - COMMUNITY & ECONOMIC DEVELOPMENT (Continued from the February 1, 2023 City Council Meeting and To be Continued to the March 1, 2023 City Council Meeting) from the agenda.

Council Member Lewis stated that she would like to remove item 11 A & B -

CONSIDERATION OF JOSH PINHEIRO SETTLEMENT AND EMPLOYMENT AGREEMENTS; City Council Resolution No. 6612 - Accepting and Approving a Settlement Agreement and Release between the City of Los Banos and Josh Pinheiro; City Council Resolution No. 6613 - Appointing a City Manager and Authorizing the Execution of the Los Banos City Manager Employment Agreement with Josh Pinheiro and asked that the City Attorney get an outside legal opinion on the validity of the 5-0 vote as currently proposed in the City Manager's contract which is in opposition of the City's current Ordinance No. 1110 Section 2-3.126 which states the removal and temporary suspension of the City Manager shall only be upon a affirmative vote of three or more members of the city council during at regular or special called meeting at the sole discretion of the city council with or without cause and without right of appeal, adding that this ordinance was passed June 19, 2013 by an unanimous vote, and again requested removal of 11 A & B be placed on a future agenda after the legal opinion of the 5-0 vote as stated in the city managers contract on today's agenda and that it be placed on the agenda as a public hearing giving the members of the public an opportunity to address 9 ITEM 6B
their opinions. Mayor Llanez inquired to Ms. Lewis as to what 11A has to with the 5-0 vote and the validity because it is a settlement and has nothing to do with a 5-0 vote.

Motion by Lewis to amend Mayor Llanez's motion to also remove item 11 - A & B -

The motion failed due to a lack of a second.

Motion by Llanez, seconded by Jones to remove item 9 - Consideration of Adoption of City Council Resolution No. 6609 - Amending Division 4, Salary Schedule/Employee Classifications Relating to Changes to Section A - Administration and Section C - Community & Economic Development from the agenda and to be continued to March 1, 2023. The motion carried by the affirmative action of all Council Members present.

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

MEMBERS ON ANY ITEM OF PUBLIC INTEREST THAT IS WITHIN THE JURISDICTION OF THE CITY: INCLUDES AGENDA AND NON-AGENDA ITEMS. NO ACTION WILL BE TAKEN ON NON-AGENDA ITEMS. SPEAKERS ARE LIMITED TO A FIVE (5) MINUTE PRESENTATION. DETAILED GUIDELINES ARE POSTED ON THE COUNCIL CHAMBER INFORMATIONAL TABLE. Mayor Llanez opened the public forum and asked those at the meeting if they would like to speak: KA THY BALLARD, has a few questions and points to make before they cast their votes on one item, spoke of concerns with the proposed $1.8 million, a raise, and a secure job, is this what our attorney is recommend or something the City Council asked him to do, is our EPLI insurance paying for this, if not, why not, spoke regarding things coming out of the general fund like Police, Fire, Parks and staff, how we have been compounding a decision made and getting a city manager for 4 years, this notice or threat should be sent to arbitration and not decided by this council, Mr. Jones stated that we have lost business because this City Manager was not here and she wants to know which businesses, she has issues with 5-0 vote, it should be 2/3 or a simple majority, why are we being different than everyone else, what are all of his qualifications and questions as to why we are hiring him back; DOMINGO SANDOVAL, Vice President for the Chamber of Commerce, spoke regarding the upcoming Mother's Day in the Park event and other upcoming events, thanked Rudy Luquin in Community & Economic Development Department for helping the Chamber and the community, he is one of the people who has the personality to help other people; PASTOR JOHN VALE, Our Fathers House, thanked our Mayor and each City Council Members and each person that is here, after investigating the facts they have made the decision to consider of City Manager of Josh Pinheiro, we feel that this is the step in the right direction and we look forward to the future as Los Banos, we stand with you and look forward to working with you; JAVIER CALTENCO, Small Business Administration, spoke regarding the disaster assistance they are providing, the services they are providing Merced County residents with the recovery process, how they help businesses and home owners get financial assistance to replace or repair property they 10 have lost; UNNAMED PERSON stated that he runs a small business in town and has been blessed with this town since he moved here, he has been trying to help out these past 10 years, how he took over Little League with Dustin Caropreso this past year, spoke to how nice it was to work with Josh Pinheiro before what happened to him, we got new scoreboards, there is a lot of us that want to keep moving forward, he feels that the $1.8 million is small compared to what can happen when he comes back, and how they we will be asking for future funds for Los Banos Little League; ANN McCAULEY, stated that this reminds me about stopping the football game at 8 seconds and wanting to start it over, why if people had questions before why didn't they bring it up these last few months, seems a little late to be calling for a reassessment and issue should have been brought up then; UNNAMED PERSON, stated that he had an opportunity during COVID to spend the day with Josh during a fundraiser with Kiwanis and spoke to how he was a hard working young man and he wants to say that everything that was expressed to me from him was his focus on the city, a lot of heart and desire to make things better, he was really impressed with him; UNNAMED PERSON, speaking on behalf of the Chamber of Commerce, stated that he sponsors two baseball teams with Little League, he spoke regarding the upcoming Spring Street Fair sponsored by Sutter Health Memorial Hospital, the new Mother's Day in the Park event at Pacheco Park, the new members Centine Boutique, Amayas Aqua frescos, upcoming mixers and how they will be hosting a mixer with the Los Banos Downtown Association in February and encouraged all to attend, how the Chamber of Commerce is always looking to find new ways to give back to Los Banos and to call the Chamber of Commerce if you have questions or need help. Mayor Llanez asked the City Clerk if she had received any comments to be read into the record. City Clerk Mallonee stated she received the following comments, which are on file with the City Clerk's Office: A CONCERNED RESIDENT AND CITY EMPLOYEE wrote is opposition to the terms and conditions set forth in bringing back Josh Pinheiro as City Manager and spoke to why the reasons why they don't support this action; JANE wrote in opposition of the details that pertain to Josh Pinheiro's potential rehiring and the settlement conditions, and wrote to the reasons why they are opposed; TOM & LAURIE BALA TTI, wrote in support for the rehiring of Josh Pinheiro as City Manager and spoke to why they support this action; UNNAMED PERSON, wrote in opposition of the hiring of the new City Manager and how he has questions and concerns regarding $1.8 million to be given to Mr. Pinheiro from unallocated general fund, and spoke to why he is opposed; A CONCERNED CITIZEN, CITY TAX PAYER & CITY EMPLOYEE, wrote in opposition of hiring Josh Pinheiro to again become City Manager and spoke to why they are opposed; UNNAMED PERSON wrote in opposition to the terms of Josh Pinheiro's proposed employment contract and the ridiculous settlement amount that the Council will be voting to approve tonight, and spoke to why they are opposed; UNNAMED PERSON wrote in opposition to the settlement agreement on the table for discussion and consider for Josh Pinheiro and spoke to why they are opposed. No one else came forward to speak and the public forum was closed.

CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Motion by Lambert, seconded by Jones, to approve the consent agenda as amended as follows: Check Register for #237253 - #237330 in the Amount of $188,518.70; Minutes for the January 11 30, 2023 Special City Council Meeting; Minutes for the February 1, 2023 City Council Meeting. The motion carried by the affirmative action of all Council Members present.

PENINSULA CLEAN ENERGY (PCE) PRESENTATION UPDATE. Interim City Manager Souza Elms presented the staff report, introducing Marc Hershman, Director of Government Affairs and Sandra Benetti, Associate Manager of Community Relation with PCE who both spoke in more detail to the services PCE provides the City of Los Banos, which included a PowerPoint presentation.

Council Member Lewis inquired as to the renewable sources, solar services, any other forms associated with the wind, like oil, gas, do they turn on their own is there something else that turns them, how she has heard that they use fuel to turn the blades to generate this clean energy, she's just trying to determine if PCE is 100% clean.

Informational item only, no action taken.

CONSIDERATION OF ADOPTION OF CITY COUNCIL RESOLUTION NO. 6611 - ACCEPTING THE 2021-2022 FISCAL YEAR AUDIT REPORTS CONSISTING OF THE

ANNUAL COMPREHENSIVE FINANCIAL REPORT AND THE GOVERNMENT AUDITING STANDARDS REPORT. Interim Finance Director Kuhn presented the staff report, which included a PowerPoint presentation. He thanked the hard work of the Finance Department.

Motion by Jones, seconded by Lambert to adopt City Council Resolution No. 6611 - Accepting the 2021-2022 Fiscal Year Audit Reports Consisting of the Annual Comprehensive Financial Report and the Government Auditing Standards Report. The motion carried by the affirmative action of all Council Members present.

CONSIDERATION OF ADOPTION OF CITY COUNCIL RESOLUTION NO. 6609 AMENDING DIVISION 4, SALARY SCHEDULE/EMPLOYEE CLASSIFICATIONS

RELATING TO CHANGES TO SECTION A ADMINISTRATION AND SECTION C COMMUNITY & ECONOMIC DEVELOPMENT. (Continued from the February 1, 2023 Citv Council Meeting) (To be Continued to the March 1, 2023 City Council Meeting) This item was removed with approval of the agenda at the beginning of the meeting.

SHAUNESSY VILLAGE PARK CONCEPTUAL DESIGN PRESENTATION. Parks & Recreation Operations Manager Heim presented the staff report, which included a PowerPoint presentation.

There was Council Member and staff discussion regarding wanting to make sure there are infant seats on the swings because some current parks don't have infant seats for Parks & Recreation Operations Manager Heim explained the state rules regarding infant seat and the needing of a double bay; is there any consideration going into the parks for portable backstops to be able to be brought in for practices and Parks & Recreation Operations Manager Heim responded that they would need to work with our Parks & Recreation staff for something like that, but he wasn't sure if this particular sight will be a 12 good location because of the fencing considerations, there was City Council support for concept A and how staff tried to incorporate their publics comments on what people would like to see, how soon we would see this new park which would start with construction this winter and ready this time next year.

It was the consensus of the City Council to move forward on Concept A for design pf the Shaunessy Village Park.

CONSIDERATION OF JOSH PINHEIRO SETTLEMENT AND EMPLOYMENT AGREEMENTS; CITY COUNCIL RESOLUTION NO. 6612 - ACCEPTING AND

APPROVING A SETTLEMENT AGREEMENT AND RELEASE BETWEEN THE CITY OF LOS BANOS AND JOSH PINHEIRO; CITY COUNCIL RESOLUTION NO. 6613 -

APPOINTING A CITY MANAGER AND AUTHORIZING THE EXECUTION OF THE LOS BANOS CITY MANAGER EMPLOYMENT AGREEMENT WITH JOSH PINHEIRO. City Attorney Vaughn presented the staff report and gave a brief background to the item and how these items were discussed and direction was given in closed session, and gave an overview of each agreement's provisions.

Council Member Lewis stated that there were comments made during the public forum about why we are paying Mr. Pinheiro out of the general fund, inquired as to if there other means to pay him for which City Attorney Vaughn stated that this matter was tendered to the insurer and they have denied coverage and for now there is not coverage and this settlement for now will be paid out for now the unallocated general fund monies. Council Member Lewis stated she has some concerns about the amount of money being paid out on this, read an article in the Merced Sun Star and a Council Member stated that he asked for a lot more, how we've made a commitment to the community to upgrade parks committed to a water feature for the youth, this$ 1.8 million could be well used to upgrade Pacheco Park, she's had people come to me and tell me how people don't like me because of the decisions I have made, but she is doing what she consciously can for the District she represents, she cannot support items A or B on this agenda, we need to really legally need to look at the 5-0 vote, if any council member has an issue it won't matter because he has his job without question, a 5-0 vote means he will do it his way, feels it is a wrong position to take in the city, takes away the democratic process, even our legislatures don't even have that power, this to me is unjust for our residents, and unjust for the Council and for the long term it sends a wrong message to our community.

Council Member Lambert stated that Council Member Lewis's District got more than any other District with Josh as City Manager, spoke to how on June 15, 2022 the Mayor was sick with COVID and we passed a budget of $48 million infrastructure budget that night for the City of Los Banos, he would challenge anyone to back 10-15 years to see if we've had a budget at that amount, Mr. Pinheiro did work the Department Heads to come up with the budget, it's not just done by the department heads, the City Manager has a say and that night he was terminated, unjustly terminated, democracy did not work that night, speaking about the animal shelter and how a $1 million budget was put out and how we have done nothing to date, there are only 2 things that were in the budget that we have actually started on - the Ag Complex and Scoreboards for Little League, we have been 13 stagnant, he is going to be as transparent as he can be, when he came to Los Banos in 2006 and he has not seen any growth except for homes in this City and how he ran for the best thing he can do for Los Banos, when he was elected nothing was going on and we went the way to hire Josh and hire a business person, not a government guy, someone that was going to get out and do the job, and again he was unjustly terminated on June 15th and since then we have not done anything in this city, we are failing, and we need to get this City back on track. Council Member Begonia stated that he has known Josh his whole life and the things I have heard said about him does not describe who he is at all and it's pretty sad to hear that coming from I don't know who, to hear that he is going around taking credit for everything referring to Joe Heim and all the good things he has done, yes he is a teacher and what he will tell his students that sometimes you will have to make hard decisions and do it from the anonymity of a keyboard and attack your morals and your ethics, you stand up for what you believe in, stand up for who you are and sprint down the path that you know is right. Council Member Jones stated that when look at the full picture we should have never been put in this situation in the first place, having to correct this big mistake, this wrongful termination was unnecessary and completely avoidable, happy to put this behind us and look forward to the progress we are going to continue to make with our City Manager back. Mayor Llanez stated that large decisions like this are not usually done in this room and these types of decisions need to happen in the pubic, he was at the Council Meeting when Josh was terminated and the number of people that came to his defense, so where he bases his decision from the headhunter who we hired to get us 10 applicants, none of the applicants were local, none of them had kids in school here, not from here that weighed heavily with me, he reviewed the investigation and read every single word and listened to every word and he feels that Josh didn't violate a single policy and was wrongfully terminated, he noticed that some of the complaints were from people who didn't want to participate in the investigation, wants a name behind a voice, the budget that was passed by a person that was terminated in the same meeting, the people that are going to work tomorrow morning could care less about the decisions that we make tonight, there was not a succession plan, we ran 26 days without a city manager, what projects were completed, what wasn't completed, why are we not doing something with the animal shelter, again the amount of money is in his opinion was a cost benefit analysis, time was far more valuable money, we are ready to create a new budget, to spend $1.8 million to get $50 million of things done he'd do it every single week, easy decision for him, all city employees received a 10% raise and what Mr. Pinheiro is receiving is less than a 10% increase and less than he would have gotten if he was still here, he hears comments about using the $1.8 million for a pool but who is going to run the pool, this decision took a long time and a lot of decisions and a lot of discussion. Council Member Lewis stated that we all just took a sexual harassment and retaliation class and how employees feel that they may lose their jobs for saying something and if these letters came from employees she commends them for doing so and recognizes and understanding their fears of employees who have wrote it, they felt some courage this time whether their names are on the letters or not. Mayor Llanez interviewed over 96 people and most of which were City employees and most were department heads and most of the letters that were read are not what people told me, we need to create a culture that people can come to us and if we are not creating that culture we are not doing our job.
14 Motion by Lambert, seconded by Jones to approve City Council Resolution No. 6612 - Accepting and Approving a Settlement Agreement and Release between the City of Los Banos and Josh Pinheiro. The motion carried by the affirmative action of all Council Members present, Lewis voting no.

Motion by Lambert, seconded by Jones to approve City Council Resolution No. 6613 - Appointing a City Manager and Authorizing the Execution of the Los Banos City Manager Employment Agreement with Josh Pinheiro. The motion carried by the affirmative action of all Council Members present, Lewis voting no.

CONSIDERATION OF APPOINTMENT OF ONE (1) COUNCIL MEMBER TO SERVE

ON THE LEAGUE OF CALIFORNIA CITIES CENTRAL VALLEY DIVISION EXECUTIVE COMMITTEE AND ONE (1) COUNCIL MEMBER TO SERVE AS AN ALTERNATE. Motion by Lewis, seconded by Jones to appoint the Mayor serve on the executive committee and Mayor Pro Tern to serve as alternate. The motion carried by the affirmative action of all Council Members present.

APPOINTMENT OF COMMISSIONERS TO THE FOLLOWING COMMISSIONS:

MEASURE H CITIZENS OVERSIGHT COMMITTEE, THREE (3) TWO (2) YEAR TERMS - EXPIRING DECEMBER 31 , 2024; TREE COMMISSION, ONE (1) TWO (2) YEAR TERM - EXPIRING DECEMBER 31 , 2024. Motion by, seconded by Lambert, seconded by Jones, to appoint Michael Amabile, Letty Guerra and Eldridge Johns to the Measure H Citizens Oversight committee for a two-year term expiring December 31, 2024. The motion carried by the affirmative action of all Council Members present.

Motion by Lambert, seconded by Jones to appoint Tom Kaljian to the Tree Commission for a two-year term expiring December 31, 2024. The motion carried by the affirmative action of all Council Members present.

ADVISEMENT OF PUBLIC NOTICES. (One Report) Interim City Manager Souza Elms reported that there will be a Public Hearing at the Planning Commission on February 22, 2023 to consider a Categorical Exemption from the California Environmental Quality Act (CEQA) and a Mobile Food Vendor Permit #2023-02 to allow the operation of mobile food vending vehicle on route throughout the city of Los Banos within the public right of way for Karen Quintana dba Belem Ice Cream.

CITY MANAGER REPORT. Interim City Manager Souza Elms stated that this will be her last meeting as Interim City Manager and thanked the City Council for the opportunity, she spoke to the recent inclement weather we have been experiencing and the emergency operations center activities, the sewer break situation, that it is interesting time and we are all working together to get things done, she extended her appreciation to the team and all employees for pitching in and helping out where needed, she noted she even had a baby recently and staff has made it pretty smooth for her to continue to work, she gave an update on the homeless encampment and how the closure will occur on February 22, 2023 and clean up has already occurred, she then reported that today is the Mayor's birthday and wished him a happy birthday.
15 REPORT/UPDATE ON MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG). PENINSULA CLEAN ENERGY (PCE), MEASURE V COMMITTEE, AND SAN

JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT (SJVAPCD), AND LOS

BANOS DOWNTOWN PROPERTY & BUSINESS IMPROVEMENT DISTRICT (LBDPBID).

Mayor Llanez stated that he attended the last MCAG meeting and is learning some important things, like Measure V funding, The Bus, and the next meeting is February 16, 2023, how they will be giving Public Work is a stamp that says "Funded by Measure V" to use and stated that he is a voice for all at MCAG meetings and to please reach out to him, spoke regarding the YARTS program and the free bus services to Yosemite. Council Member Lewis had n report for SJVAPCD.

CITY COUNCIL MEMBER REPORTS:

KENNETH LAMBERT: Thanked everyone for coming tonight, stated that is was a great presentation by Interim Finance Director Kuhn, and it is great to see the City Treasurer.

DOUGLAS BEGONIA, JR.: Stated that he had the opportunity to go to the League of California Cities Conference and met so many local government officials and took in so much information about this job entitles, one thing they did stress to all of us that as Council Members is that we will get in disagreements with each other and the City Manager but we are all a team and we are not going to get rid of someone because they are not doing what we want them to do.

BRETT JONES: Stated that yesterday morning he had the pleasure of attending the 4 Chaplains Breakfast at the Veterans Hall and nice to learn about the heroic chaplains during WWII and thanked the VFW and American Legion for inviting him, spoke regarding the upcoming Fire Department Pancake Fundraiser on February 5, 2023.

DEBORAH LEWIS: Inquired as to if the Council and community will be told about the recent sewer situation and made a recommendation that this Council have something on the agenda to terminate the contract with the recruiting company that we hired for the City Manager and we need to be forthright with them.

PAUL LLANEZ: Stated he was at the VFW Chaplains event too, how he met today with Habitat for Humanity Merced and Stanislaus and spoke regarding their amazing organization, he also went to the League of California Cities Annual Conference with Council Member Begonia where they received a lot of training and a lot of information to process, how we have to be on the same team and have the same goal, we don't have to agree every single time, but we need to have the same light at the end of the tunnel, thanked Stacy Souza Elms for her time as our Interim City Manager she was absolutely amazing and we picked the right person, spoke how he has concluded his initial city assessment shared with the Interim Finance Director his vison of moving things forward and putting a plan together, and spoke about donating his salary to local organizations and announced that he will be donating his January salary to the Chamber of Commerce. 16 ADJOURNMENT. Motion by Jones, seconded by Lambert, the meeting was adjourned at 8:20 p.m. The motion carried by the affirmative action of all Council Members present.

APPROVED:

Paul Llanez, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
17 THIS PAGE IS INTENTIONALLY LEFT BLANK
18 CITY OF LOS BANOS

CITY COUNCIL MEETING MINUTES
MARCH 1, 2023
ACTION MINUTES - These minutes are prepared to depict action taken for agenda items presented to the City Council. For detail of this meeting refer to the electronic media (CD and/or audio) kept as a permanent record.

CALL TO ORDER: Mayor Llanez called the City Council Meeting to order at the hour of 6:03 p.m.

PLEDGE OF ALLEGIANCE: Police Chief Brizzee led the pledge of allegiance.

ROLL CALL - MEMBERS OF THE CITY COUNCIL PRESENT: Council Members Doug Begonia, Brett Jones, Kenneth Lambert, Deborah Lewis, Mayor Paul Llanez; ABSENT:

None.

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

PRESENTATIONS -CERTIFICATE OF RECOGNITION-EMPLOYEE OF THE MONTH FOR FEBRUARY 2023 - ANTHONY "BUTCH" TERRANOVA, PUBLIC WORKS FOREMAN; CERTIFICATE OF RECOGNITION - BROKTON BORELLI, CHAMPION

AT THE SAC-JOAQUIN WRESTLING MASTERS TOURNAMENT AND QUALIFIED FOR STATE CHAMPIONSHIPS; CERTIFICATE OF RECOGNITION - LARRY

BORELLI, CHAMPION AT THE SAC-JOAQUIN WRESTLING MASTERS
TOURNAMENT AND QUALIFIED FOR STATE CHAMPIONSHIPS; CERTIFICATE OF RECOGNITION - RAYMOND FERNANDEZ, PLACED 3RD AT THE SAC-JOAQUIN

WRESTLING MASTERS TOURNAMENT AND QUALIFIED FOR STATE
CHAMPIONSHIPS; CERTIFICATE OF RECOGNITION - KIARA DANIELS1 PLACED 3RD AT THE SAC-JOAQUIN WRESTLING MASTERS TOURNAMENT AND QUALIFIED FOR STATE CHAMPIONSHIPS: CERTIFICATE OF RECOGNITION - MIKAYLA MENDOZA, PLACED 7TH AT THE SAC-JOAQUIN WRESTLING MASTERS TOURNAMENT: CERTIFICATE OF RECOGNITION - CRYSTAL HERNANDEZ, PLACED 8TH AT THE SAC-JOAQUIN WRESTLING MASTERS TOURNAMENT.

Mayor Llanez presented and read the Certificates of Recognition, for which Broxton Borelli, Larry Borelli, Raymond Fernandez, Kiara Daniels, Mikayla Mendoza and Crystal Hernandez attended to accept.
19 ITEM 6C
PUBLIC FORUM: MEMBERS OF THE PUBLIC MAY ADDRESS THE CITY COUNCIL

CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Motion by Lambert, seconded by Jones, to approve the consent agenda as follows: Check Register for #237331 -#237695 in the Amount of $4,669,704.00. The motion carried by the affirmative action of all Council Members present.
20 CONSIDERATION OF ADOPTION OF CITY COUNCIL RESOLUTION NO. 6609 - AMENDING DIVISION 4, SALARY SCHEDULE/EMPLOYEE CLASSIFICATIONS

RELATING TO CHANGES TO SECTION A-ADMINISTRATION AND SECTION C - COMMUNITY & ECONOMIC DEVELOPMENT. (Continued from the February 1 and February 15 City Council Meetings and to be Continued to the March 15, 2023 City Council Meeting}. Interim Finance Director Kuhn explained that the scope has expanded and in order to bring an adequate and fair picture, he is going through the process of changing it to go through the budget process and how this will not be a standalone item going forward but will be an item that addresses all unrepresented management positons and will be part of the budget process.

Council Member Lewis wanted to make it clear for her understanding that there are two positions in question here and now we are bringing in other mid-management positions, she wants to make sure that these positions, it is not just about these positions but it is about these two women who have been underpaid for some time and need to not be clouded with other positions, she doesn't want these two positon to get lost or off track for which Interim Finance Director Kuhn responded to and explained the process that he is going through and how the salary is structure by position, how his approach is gender neutral, he is looking at the value of the value of the position, the responsibilities of the position, he had to continue this as a part of unrepresented people not getting their fair amount of their salary was something that came up during this process and added that there will be an explanation with the data to support it, need to look at compaction and the way the position is structured and is all compensated as a basis of the internal process and the external market process and he is looking at both of these. Mayor Llanez stated that it is obvious that positions are under paid and need some increases and what is important is that people are paid properly.

ADVISEMENT OF PUBLIC NOTICES. (No Report}.

CITY MANAGER REPORT. City Manager Pinheiro stated that he is excited to be back, thanked all those for their support, all your words of encouragement he really appreciates it, will work very hard for the city, thanked the mayor and council members he appreciates your support, thanked staff for all their hard work and continue make me better, need community help and support to continue to make Los Banos a great place to be and made note of the new digital sign on the east side of town.

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

JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT (SJVAPCD), AND LOS

BANOS DOWNTOWN PROPERTY & BUSINESS IMPROVEMENT DISTRICT (LBDPBID). Council Member Lewis spoke regarding how the SJVAPCD had leftover funding in the budget and explained how the funds were re-directed to help farmers buy items they need and redirect burning of the orchards and grapevines. Mayor Llanez stated that the next MCAG meeting is later in March.
21 CITY COUNCIL MEMBER REPORTS
DOUGLAS BEGONIA, JR.: Had the opportunity to go the firehouse for their Pancake Breakfast, which was a great event and spoke regarding the upcoming Arbor Day breakfast and event.

BRETT JONES: Welcomed back our City Manager and spoke how we lost a lot of great momentum while you were away, but we cannot thank you for coming back to help this place we all call home.

DEBORAH LEWIS: At our last two meetings, we were told that we would be getting an update on the status of the status of the cleanup of the CCID canal and the cost incurred and would like to see that scheduled as soon as he is available to report.

KENNETH LAMBERT: Happy to have our City Manager back here and how it is time to start thinking positive and looking forward and we need to start focusing now for the City of Los Banos and start making positive thoughts and things going forward here.

PAUL LLANEZ: Welcomed back Mr. Pinheiro as our City Manager and is excited to get stuff done, how he spoke with the CEO of the Boys and Girls Club to bring a brick and mortar facility to Los Banos and the resources are needed here, meeting after meeting after meeting, he makes himself available to the public on Fridays and to reach out to him, its time we bring some unity to the board and to this City and get stuff done, excited to work with Josh on things like the homeless and animal shelter, sports and youth and pickelball as well.

ADJOURNMENT. Motion by Jones, seconded by Begonia, the meeting was adjourned at 6:43 p.m. The motion carried by the affirmative action of all Council Members present.

APPROVED:

Paul Llanez, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
22 TO:

FROM:

DATE:

LOsBanos
At Llie Crossroads of Cal(fornia
Agenda Staff Report
Mayor & City Council Members
City Manager {Ji
Paul Tualla, Fire Chie~
March 15, 2023
SUBJECT: Budget Amendment - Fire Dept. Equipment Repair & Maintenance TYPE OF REPORT: Consent Agenda
Recommendation:

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

Background:

The City Council may amend the budget by resolution adjusting the overall appropriation levels in each fund at any time during the fiscal year if there are available funds and council is in agreement with the request to adjust the budget.

Discussion:

At the beginning of this current budget year, the Fire Department estimated the Fire Equipment Repair & Maintenance to remain constant from the prior year. While conducting annual inspections of wildland equipment, which is needed for statewide mutual aid responses and in county responses, it was determined the mandatory fire shelters are in need of replacement to be compliant with safety standards with wildland responses.
23 ITEM 6D
Fiscal Impact:

The impact would increase the General Fund by $16,750.00 to account number 100- 422-100-203.

Reviewed by:
~ \
Brent Kuhn
Interim Finance Director
Attachments:

Resolution
Staff Report Budget Amendment Fire Equipment Repair & Maintenance (03-01-23).doc 24 RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

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

EXPENDITURES
WHEREAS, the City Council of the City of Los Banos has been presented an amendment to the 2022-2023 Fiscal Year budget; and
WHEREAS, the City Council of the City of Los Banos may adjust the overall appropriation levels in each fund at any time during the Fiscal Year by action to amend the budget; and WHEREAS, the proposed budget increase is $16,750.00 in expenditures for the Fire Departments Equipment Repair & Maintenance account (100-422-100-203).

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby approve the budget amendment to the fiscal year 2022-2023 budget increasing appropriations in account 100-422-100-203 in the amount of $16,750.00.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the _ day of March 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
Slalf Aepo,1 - Budge1 Amendmenl Are Equipment Repair & Maintenance• Resolu1ion {03-01-23).doc 25 THIS PAGE IS INTENTIONALLY LEFT BLANK
26 Cit;y of Los Banos
At •"• Crosstv ds of Califo ·ui
Agenda Staff Report
TO: Mayor & City Council Members
FROM:

DATE:

Soknirom Than, P.E., Public Works Director/City Engineer March 15, 2023
TYPE OF REPORT: Consent Agenda
SUBJECT: Authorizing Amendment No. 12 to Landscape Maintenance Services Contract between the City of Los Banos and Ronnys Inc.

Recommendation:

That the City Council adopts the Resolution authorizing the City Manager to execute Amendment No. 12 to the Landscape Maintenance Services Contract between the City of Los Banos and Ronnys Inc. to extend the contract term commencing on April 1, 2023 and terminating June 30, 2023.

Background:

The City of Los Banos is currently in a Landscape Maintenance contract for Parks, Streetscapes, and Planters with Ronnys Inc, which commenced on October 2, 2014.

This amendment is the twelfth amendment to the contract between the City of Los Banos and Ronny's Inc. This amendment would be the fourth extension to the contract During the term of the contract and any extensions, the City may accept new parks, streetscapes and planters that are not covered in the original Fee Schedule.

Compensation for additional locations will be based on pro rata amount of square footage.

Discussion:

The twelfth amendment to the Landscape Maintenance contract between the City of Los Banos and Ronnys Inc. has been prepared by the City Attorney of the City of Los Banos for the Council's review and adoption, if so deemed. Staff has advertised a new Request for Proposals {RFP) for the City-Wide landscape Maintenance on February 28, 2023. The proposals are due on March 28, 2023. Per Council direction on November 2, 2022, it was determined that additional time is needed to re-advertise a new RFP with limited scopes and costs to be in line with the General Fund and the Landscape and Lighting District Funds.
)L_
27 ITEM 6E
Prior to the expiration of the contract on June 30, 2023, City staff intends to have completed the procurement process for a new landscape Maintenance Services contract. Following the selection of a landscape maintenance company, a new contract will be reviewed by the City Council for approval.

Fiscal Impact:

There is no additional fiscal imp act for the contract extension. Ronnys Inc. has waived their right to a Consume/Pricr lndex (CPI} increase for the extension period. ,J_ Reviewed
I
Brent Kuhn, Interim Finance Director
Attachments:

Resolution
Amendment No. 12 to the Contract
28 RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS AUTHORIZING THE CITY

MANAGER TO ENTER INTO THE TWELFTH

AMENDMENT TO LANDSCAPE MAINTENANCE

CONTRACT BETWEEN THE CITY OF LOS
BANOS AND RONNYS INC.

WHEREAS, the City of Los Banos is entering into the Twelfth Amendment to the contract for Landscape Maintenance Services with Ronnys Inc; and WHEREAS, the term of the Twelfth Amendment shall be effective upon execution of the parties to this contract; and
WHEREAS, said Twelfth Amendment to the contract, as presented, has been prepared by the City Attorney of the City of Los Banos; and WHEREAS, all the terms and conditions of the contract remain in full effect except as expressly amended by the Twelfth Amendment to the contract; and WHEREAS, the City Council of the City of Los Banos designates the Interim City Manager to sign and execute the Twelfth Amendment to the contract.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby approve the Twelfth Amendment to the Contract between the City of Los Banos and Ronnys Inc., and the designation of the City Manager to sign and execute the Twelfth Amendment to the contract as presented.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 15th day of March 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
29 THIS PAGE IS INTENTIONALLY LEFT BLANK
30 AMENDMENT NO. 12

CONTRACT FOR LANDSCAPE MAINTENANCE SERVICES
[RONNYS INC.]
THIS AMENDMENT NO. 12 TO LANDSCAPE MAINTENANCE CONTRACT, is made and entered into by and between the CITY OF LOS BANOS, a California Municipal corporation, herein referred to as "City", and RONNYS INC., a California corporation, whose address is 1251 Badger Flat Road, Los Banos, California 93635, herein referred to as "Contractor".

RECITALS
WHEREAS, City and Contractor entered into a Landscape Maintenance Contract, dated October 2, 2014 "Contract " wherein Contractor agreed to perform specified city wide landscaping and maintenance services in accordance with the terms of said Contract; WHEREAS, the extended term of the Contract terminates March 31, 2023; and WHEREAS, the parties wish to extend the term of the Contract for an additional three months to allow for time to award a new contract.

NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:

1. TERM.

Section 1.02 of the Contract is amended to extend the term of the Contract for an additional three months commencing April 1, 2023 and terminating June 30, 2023.

2. INTEGRATION/EFFECTNE DATE.

Except as expressly amended, all other terms and conditions of the Contract and all prior amendments shall remain in full force and effect. This Amendment No. 12 shall be effective upon execution of the parties to this Contract.

IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 12 to be executed and attested by their respective officers hereunto duly authorized. 31 Date:

Date:

ATTEST:

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

William A. Vaughn
City Attorney
RONNYS INC. a California corporation
by: RONNY NAVARRO, CEO
CITY OF LOS BANOS, a California
municipal corporation
by: JOSH PINHEIRO
City Manager
32 LOsBanos
At the . ~ro . · els OJ ·alifo, nia
Agenda Staff Report
TO: Mayor & City Council Members
FROM:

DATE:

Soknirorn Than, P.E., Public Works Director/City Enginee6J-:=- IL_ March 15, 2023
TYPE OF REPORT: Consent Item
SUBJECT: Accepting Public Improvements for Southpointe at Regency Park, Phase 7 Recommendation:

That the City Council adopts the Resolution accepting Public Improvements for Southpointe at Regency Park, Phase 7.

Background:

The Tentative Tract Map No. 2015-01 was approved by the City of Los Banos Planning Commission on May 11, 2016 by Resolution No. 2016-13. In June of 2021, the Public Works staff was contacted by the developer is Stonefield Home, Inc., a California Corporation, for Final Map approval. The City Council adopted the Resolution No. 6473 approving the Final Map for Southpointe at Regency Park, Phase 7 with accompanying Subdivision Improvement Agreement on March 16, 2022. In April 2021, the developer contacted Public Works for the approval of Improvement Plans for Southpointe at Regency Park, Phase 7. The Improvement Plans were reviewed and approved by the City's Consulting Professional Engineering Firm as well as the Los Banos City Engineer. During construction and upon completion the site was inspected and deemed substantially complete by the City. In February 2023, the developer contacted the Public Works Staff to request acceptance of Public Improvements for Southpointe at Regency Park, Phase 7. 33 ITEM 6F
Discussion:

The subject is generally located within the area bounded by Northpointe at Regency Park Subdivision to the north, Verona Subdivision to the south, Place Road to the east and future Ward Road to the west, more specifically identified as APN. 424-120-019. The applicant is Stonefield Home, Inc., a California Corporation. The map consists 81 single family lots on 13.54± acres. This Final Map is in substantial compliance with Tentative Subdivision Map No. 2015-01 and public Improvements were subject to all Subdivision Improvement Agreement Conditions. A Landscape and Lighting District Letter of Inclusion was executed for the parcel.

Fiscal Impact:

All public improvements for Southpointe at Regency Park, Phase 7 have been completed by the Developer. A Maintenance Bond in the amount of $83,097.87 shall remain on file with the City of Los Banos for a minimum of one year after the acceptance of public improvements. All other required processing, development, plan check and inspection fees to date have been paid.

Reviewed by:

Attachments:

Resolution
Site Map
Recorded Final Map
Recorded Subdivision Improvement Agreement
Exhibit A Original Engineers Estimate
Exhibit B Conditions of Approval
Resolution No. 6743
34 RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS ACCEPTING PUBLIC

IMPROVEMENTS FOR SOUTHPOINTE AT
REGENCY PARK, PHASE 7
WHEREAS, the City Council of the City of Los Banos has received a request from the developers of Southpointe at Regency Park, Phase 7 that Public Improvements, for Southpointe at Regency Park, Phase 7 be accepted by the City of Los Banos; and WHEREAS, the City Council of the City of Los Banos has reviewed said request and finds that the public Improvements of said project are in a position to be accepted by the City of Los Banos.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby accept the Public Improvements for Southpointe at Regency Park, Phase 7 as presented.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 15th day of March 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 37
OWNcR'S STA~Nr
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SOUTHPOINTE AT REGENCY PARK-PHASE 1
BEING A SUBDIVISION OF LOT 1, AS SHOWN ON TH!: MAP OF SOUTHPOINTc AT REGENCY PARK 7-11, FlL£D IN BOOK OF OFF/CIAL Pl.ATS. AT PACES . TO • UUiC£D COUNTY Rf;COROS. _·. . . . ., LYING IN THE: SO/JTH£4ST QUAHrcR OF SECTION 12, TOWNSHIP 10 SOUTH, RANG£ 10 EAST. IIOUNT DIABI.O BASE: ANO /JE:RIOIAN,
CITY OF LOS BANOS, COUNTY OF UE:RCED. STATE: OF CALJFORNIA NOVEMBER 2021
BENCHMARK ENGINEERING, INC.
507 J STRm'. LOS BANOS, CA/JFORNIA, 9J6.J5
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TRACT NO. 2015-01
S01/THPOINTE AT REGENCY PARK -PHASE 1
BEING A SUBDMSION OF LOT r, AS SHOWN ON THE MAP OF SOUTlfPOINTE AT REGENCY PARK 7-11, Flt.ED IN BOOK OF OFFICIAL PLATS, AT PAGES TO , /IET?CED CO/1.NTY RECORDS, . .. . .. LYING IN TH£~ OF SB:T10N 12, TOWNSHIP 10 SOUTH, RANGE 10 £:AST. /JOI/NT DIABI.O B4Sl" ANO M£RIOIAN,
CITY OF LOS BANOS, COUNTY OF McRCED, STATr OF CALIFORNIA NOVE:MBER 2021
BENCHMARK ENGINEERING, INC.
$07 J STRfIT, LOS /;ANOS, CAUroRNIA. 93635
L£C£ND
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NOT TO SCALE
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402 ' '\
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200
TRACT NO. 2015-01
SOUTHPOINTE AT REGENCY PARK -PHASE 7
8£/NG A SlJ8DMSION OF LOT 1, AS SHOWN ON TH£ IMP OF SOUTHPO/NT£ AT RcGENCY PARK 7-11, FILED IN BOOK OF OFF/CtAL PIATS, AT - -ir1llc~,ii·;,/'~/f;;;,/j{~~2~s/iu, ,o'Iotm,,
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TRACT NO. 2015-01
S01/THPOINTE AT REGENCY PARK -PHASE 1
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01/ERIAND AVfNIJE
5'11'C 8£/NG A SUSOIVISION OF LOT I, AS SHOWN ON 1ltE: MAP OF SOUTIIPOINTF AT REGENCY PARK 7-11, FILED IN BOOK OF OfflCIAL PLATS, AT --- - ·-- . . ~~=-:Z11·:-:-.,...JKBCfJ)--CQ/JNTY B£CORP$, -- L SAN1JlRS COi/RT
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NOTES

1. AU BEARMCS AND DISTNICG SHOWN HEREON ARE .tlf'ASURm tN.ESS OT1£1lMS£ N01m. 2. AU 0/STANCB AllJ CAl£NSIOHS SHOWN AR£ IN f:EET MIO D£CM4L PARTS THERErJF. .J. AU. fi£mlNJ INF()RW,TION SHOWN IS FROM IJt:RCED COUNTY RECORDS.

RE:FERENCE:S
SOOK~ PAGEB SH£f:T 4 OF 4
41 THIS PAGE IS INTENTIONALLY LEFT BLANK
42 . Reconling Requested By:

City of Los Banos
And When Recorded Mail to:

Lucille L. Mallonee, City Clerk
City of Los Banos
520 J Street
Los Banos CA 93635
Filed In Offlelal Records,

MERCED COUNTY
Doell!: 2022014103
04/08/2022 08:58 AM
S above this line for Recorder's use.

SUBDMSION IMPROVEMENT AGREEMENT
THIS AGREEMENT made this .~ day of l>fn I . 2022, between STONEFIELD HOME, INC., a califomia Corporation, Parties of the Finrt Part, hereinafter designated and called "DEVEWPER(S)", and the CITY OF LOS BANOS, a municipal corporation, the Parties of the Second Part, hereinafter designated and called "CITY".

WHEREAS, the DEVELOPER(S) have presented to the CITY a certain Final Map located within the corporate limits of the CITY, and known and described as Tract No. 2015-01, Southpointe at Regency Park Phase 7, comprised of 81 single fiunily residential lots on approximately 13.S4± acres, a copy of which is on file at the City of Los Banos Planning Department and made a part of this AGREEMENT by reference. and said DEVELOPER(S)have requested the CITY to accept the dedications delineated and shown on said Final Map in order that the same may be recorded as required by law; and,
WHEREAS, the CITY requires a condition precedent to the acceptance and approval of said Final Map, the dedication of said easements as are delineated and shown on said Final Map, and deems the same as necessai:y for public use, and requires and deems as necessary for the public use that any and all street improvements delineated and shown thereon shall be improved by the construction thereon and the installation therein of the improvements hereinafter specified in Paragraph One herein; and.

WHEREAS, certain sections of the Los Banos Municipal Code require the DEVELOPER(S) to enter into this AGREEMENT with the CITY whereby DEVELOPER(S) agree to do, perfonn, and complete the works and matters hereinaft« in this AGREEMENT mentioned and set forth in details, within the time hereillllfter mentioned. in consideration of the acceptance of the offers of dedication by the CITY; and,
WHEREAS, the City Council of the City of Los Banos has found said Final Map by Resolution No. (,'tr!, to be in substantial compliance with the designs and Conditions of Approval ofV esting Tentative Tract Map No. 2015-01.

NOW, TIIEREFORE, in consideration of the acceptance of the offen of dedication of easements, and fiwilities as shown and delineated on said Final Map, and the approval of said Final Map for filing and rcconling as provided and required by law, it is mutually agm,d and understood by and between DEVELOPER(S) and CITY as follows:

Subdivision Improvement Agreement FM#2015-0l
SOUTHPOINTE AT REGENCY PARK. PHASE 7
43 SUBDMSION AGREEMENT
l. That the CITY has fixed and does fix the time within which DEVELOPER(S) shall do and perform the work and improvements hereinafter specified and at such time during this period as designated by the Public Works Director/City Engineer of the CITY, but no later than the 111 day of February 2024, with the said provision that this time may be extended by consent of the City Council, and that the DEVELOPER(S) will, within the period of time stated herein above in this paragraph stated and fixed, do or cause to be done and perfonned, the following descnbed work and improvements,(as detailed in attached Exhibit A) all at their own cost and expense, to the satisfaction of the Public Works Director/City Engineer in accord with the approved subdivision improvement plans and existing City Policies and adopted Standards, including all costs of inspection, to-wit; IMPROVEMENTS:

1. SITE PREPARATION $ 52,369.90

2.WATER $ 112,530.00

3.SEWER $ 91,060.00

4. STORM DRAIN s 79,441.00

5.CONCRETE $ 223,608.50

6.PAVEMENT $ 244,469.25

7. ELECTROLIERS $ 17,500.00

8. MISCELLANEOUS $ 10,000.00
TOTAL $ 830,978.65

2. The DEVELOPER(S) shall furnish bonding or other forms of security for the estimated cost of the remaining improvements, agreed to by the CITY for Perfonnance at 100%, $830,978.65 and Labor and Materials at 500/o, $415,489.33 and prior to the release of other security, for Warranty and Guarantee at 10% in the amount of$83,097.87. In addition, the DEVELOPER(S) shall provide a bond or other form of security in the amount of $3,500.00 for survey monuments, per §66496 of the Government Code.

3. The DEVELOPER(S) agrees to pay the following fees at the time of signing the AGREEMENT less any amount previously paid and not to exclude pending invoices from outside consulting firms.

ENGINEERING AND INSPECTION
5% of Approved Engineer's estimate of$830,978.65 $ 14,466.28 Less: Deposit for Plan Check (Rec#O 1605416) $ (16,619.57) Less: Payment (Rec#01697145) $ (24,929.36)
SUB-TOTAL s 0.00

FINAL MAP REVIEW
Charges for Phase 7 $ 2,359.29
Less: Deposit for Map Review (Rec#001445509) $ (2,000.00) Less: Payment (Rec#Ol697145) $ (359.29)
SUB-TOTAL 0.00
TOTAL $ 0.00
Subdivision Improvement Agreement 2 FM#201S-OI
SOUTHPOINTEAT REGENCY PARK, PHASE 7
44 4. In accordance with adopted City Policy, security funds may be released for each category of improvements, as per Engineer's cost estimates for $830,978.65 (attached as Exhibit "A"), as approved by Public Works Director/City Engineer and accepted by the City Council.

S. The DEVELOPER(S) shall install improvements in accordance with the requirements of the City of Los Banos Municipal Code, the Standard Specifications of the City of Los Banos, the approved Subdivision Improvements and Grading Plans and the Conditions of Approval of Vesting Tentative Tract Map No. 2015-01. All public improvements and utilities must be installed prior to occupancy of units.

6. In the event that the DEVELOPER(S) shall damage, destroy, or tear up any existing improvements, DEVELOPER{S) agree to repair or replace such destroyed or damaged improvements at their cost whenever such damage shall occur.

7. Street lights shall be furnished and installed by the DEVELOPER(S). It is solely the DEVELOPER(S) responsibility to coordinate the installation of street lights with the Pacific Gas and Electric Company and pay any and all fees necessary for their installation. At the time of acceptance, the street lights, including conductors to utility owner splice boxes, shall become the property of the CITY.

8. Any improvements not shown on the approved Improvement Plans which are to be dedicated to the CITY or which are to be placed within the proposed City right-of-way, including mailboxes, private and utility works, shall not be constructed without written approval from the CITY. It shall be the DEVELOPER(S) responsibility to ensure that mailboxes for use by the U.S. Postal Service are available for residents at the time of occupancy; installation to be per plans approved by the Postmaster and the CITY.

9. All earthwork and construction shall meet the requirements and recommendations of the Soils Report, the Amended Soils Report for the Project and the adopted Improvement Standards and Specifications of the City. The DEVELOPER(S) shall, at their expense, provide a Soils Engineer whose responsibility includes the professional inspection and approval concerning the preparation of ground to receive fills, excavation and backfill operations, stability of all finished slopes, and testing for required compaction. Prior to the issuance of structural permits and prior to occupancy release, the Soils Engineer shall certify, in writing, that all earthwork including trench backfill meets the requirements and recommendations of the Soils Report and the adopted Improvement Standards and Specifications of the City.

10. Neither the CITY nor any of its officers or agents shall be liable to DEVELOPER(S) or their contractors for any error or omission arising out of or in connection with any work to be perfonned under this AGREEMENT. During the progress of the work, if it becomes necessary to modify the design because of errors or omissions on the plans or unforeseen conditions which render a portion of the project inoperable, unsafe, or prohibits a part of the project from performing satisfactorily in Subdivision lmp?Ovement Agreement 3 FM#201S--01
SOUTHPOINI'E AT REGENCY PARK, PHASE 7
45 the opinion of the CITY, the plans shall be modified in accordance with the recommendations of the CITY. The DEVELOPER(S) shall be responsible for all costs incurred in revising the plans and performing the work in accordance with the modified plans. ll. Toe Improvement Plans may be modified upon approval by the CITY at no costto the CITY.

12. The CITY shall not be liable to the DEVELOPER(S) or to any other person, finn, or corporation whatsoever, for any injury or damage that may result to any person or property by or from any cause whatsoever in, on, or about the subdivision of said land covered by this AGREEMENT, or any part thereof.

13. The DEVELOPER(S) hereby release and agree to indemnify and hold the CITY harmless from and against any and all injuries to and deaths of persons and injuries to property, and all claims, demands, costs, loss, damage, and liability, howsoever the same may be caused and whensoever the same may appear, resulting directly or indirectly from the performance or nonperformance of any or all work to be done in and upon the street rights-of-way in said subdivision and upon the premises adjacent thereto pursuant to this AGREEMENT, and also from any and all injuries to and deaths of persons and injuries to property or other interests, and all claims, demands, costs, loss, damage, and liability, howsoever the same may be caused and whensoever the same may appear, either directly or indirectly made or suffered by the DEVELOPER(S), the DEVELOPER(S) agents, employees, and subcontractors, while engaged in the perfonnance of said work.

14. The DEVELOPER(S) agree that the use for any purpose and by any persons of any and all of the improvements herein before specified, shall be at the sole and exclusive risk of the DEVELOPER(S) at all times prior to final acceptance by the CITY of the completed improvements.

Thereon and therein; provided, that acceptance by the CITY shall in no way eliminate or lessen any of DEVELOPER(S) obligations and undertakings contained in this AGREEMENT. Toe issuance of any occupancy permits by the CITY for dwellings located within said subdivision shall not be construed in any manner to constitute an acceptance and approval of any or all of the improvements in said subdivision.
1 S. It is mutually agreed by the parties hereto that the Public Works Director/City Engineer shall have the right to reject any or all of the work to be performed under this AGREEMENT if such work does not confonn with the plans and specifications mentioned herein or the ordinances of the CITY. Reinspection of corrected work shall be at the expense of the DEVELOPER(S). The cost of such reinspectioo is not included in the Engineering and Inspection Fee described in Paragraph 3 of this AGREEMENT. Any damage to the sewer system, utilities, concrete work, or street paving that occurs after installation shall be repaired by the DEVELOPER(S) to the satisfaction of the Public Worlcs Director/City Engineer by the DEVELOPER(S) before release of bond or final acceptance of completed work.

Subdivision Improvement Agreement 4 FM#201S-01
SOUTHPOINTE AT REGENCY PARK, PHASE 7
46 16. DEVELOPER(S) shall provide for adequate erosion control as detennined by the Public Works Director/City Engineer on individual lots and from exterior property draining into the area of the subdivision, to protect the public rights-of-way and improvements. Erosion control on individual Jots shall continue until such a time as front and street side yard landscaping is installed.

17. Without limiting the foregoing, DEVELOPER(S) warrant and guarantee materials used and workmanship performed on said work for a period of one (1) year after completion and acceptance thereof by the City Council, or the Public Works Director/City Engineer.

18. Upon completion of the improvements, specified herein the DEVELOPER(S) shall file a Notice of Completion with Merced County and submit to the City "As Built" drawings on mylar, of the improvements. The Notice of Completion shall be filed no later than thirty-five (35) days prior to consideration for acceptance of the improvements by the City Council. As part of the request for acceptance of improvements, the DEVELOPER($) shall submit a title report encompassing each of the parcels within the Subdivision which discloses all liens or claims which may have been recorded in or prior to thirty-one (31) days following the date ofrecordation of the Notice of Completion. If any liens or claims are thus revealed, the DEVELOPER(S) shall either remove the liens and claims and submit an updated title report prior to acceptance of the Subdivision by the CITY, or shall enter into an agreement with the CITY that provides to the satisfaction of the CITY a method for the removal of such liens and claims at no cost to the CITY.

19. It is hereby mutually covenanted and agreed by the parties hereto that DEVELOPER(S) contractors are not agents of the CITY and that the contractors' relations to CITY, if any, are those of independent contractors.

20. That the applicant furnish the CITY with a reproducible 8 1/2" x 11" map of the Final Map of this development prior to issuance of permits.

21. DEVELOPER(S) shall comply with all applicable original or amended Conditions of Approval of Vesting Tentative Tract Map No. 2015-01 prior to acceptance of public improvements or final of any housing wiits.

22. No work shall commence under the terms of this AGREEMENT prior to all of the following being completed: deposit of improvement security per City Council resolution; issuance of a Subdivision Improvements grading permit other than rough grading and site preparation; and payment of all required development fees.

23. All costs for engineering and inspection services which exceed the 5% fee specified above will be invoiced to the DEVELOPER(S) and must be paid in full prior to acceptance of the subject improvements by the CITY.

24. If construction of improvements has not begun within one (1) year from the date of this AGREEMENT, then prior to commencement of work the Public Works Director/City Engineer shall review the improvement plans and detennine if revisions are required. In any case, a new engineer's Subdivision Improvement Agreement s FM#201S-OI
SOUlllPOINTE AT REGENCY PARK, PHASE 7
47 ..
cost estimate shall be submitted by the applicant to the Public Works Director/City Engineer. The applicant shall be responsible for any modification to the plans required by the Public Works Director/City Engineer and shall pay all plan check fees plus the difference in inspection fees due based on the new cost estimate.

25. The DEVELOPER(S) acknowledge the requirement to comply with the environmental mitigation measures for Vesting Tentative Tract Map No. 2015-01, and the conditions of approval for said tentative map, (attached herein as Exlubit 'B'), in the development of this Subdivision.

26. The terms of this AGREEMENT are not intended to, nor do they, relieve the DEVELOPER(S) of any conditions of approval. compliance with City Standards or compliance with mitigation measures of adopted environmental documents. the compliance with which may be placed as a condition ofpennit issuance or occupancy.

27. Time is of the essence of this AGREEMENT. It is agreed that the provisions of this AGREEMENT shall apply to and bind the heirs, executors, administrators, successors, devisees, and assignees of the respective parties hereto.

IN WITNESS WHEREOF, the parties have executed these presents or caused the same to be executed by the officers thereunto duly authorized on the da first above written.

ATTEST:
~ f . .9faalL"' a._
Lucille L. Mallonee
City Clerk
City of Los Banos
Signatures need. to be notarized.

Attach a Notary Acknowledgement.

Subdivision Improvement Agreement

PARTIESOFTIIEFIRSTPART

CITY OF LOS BANOS
A Municipal Cmporation tr,,Lffe-~~

PARTIES OF THE SECOND PART
6 FM#20JS.01
SOU1HPOINTE AT REGENCY PARK. PHASE 7
48 ••

ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certifJCate is
attached, and not the truthfulness, accuracy, or
valid" of that document.

State of c~~-:n:i
County of_~"-'-=--~-'----=~~-----~
personally appeared
who proved to me on·""' th,...:e~baf"'--s.:,Cis_;~=:f''r,t"'"isfi -!-a-'cto+:"-ry=-.!ev'---;id-;=ence "-'--';'to~be'-::-th-e-p-erson(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capaclty(ies), and that by his/her/their signature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature
Subdivision Improvemellt Asreement 7
. ~o e,,,a• • • *f REGIHAA. ROBLES -a·
. ,. Notary Public· Callfomla • I ~ Merced County s;
Commission # 2345695 -
,, My Comm. ExpirM Feb 8, 2025
(Seal)
FM#2015-0I
SOU111POINTE AT REGENCY PARK. PHASE 7
49 ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California }
}
County of Merced }
On this 1st day of April , 2022 before me, Lucille L. Mallonee , a Notary Public in and for said State, personally appeared Manuel Thomas Faria Ill , who proved on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed this instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature
~f.~ of Notary Public (Notary Seal)
50 Exhibit A
JOB#10D025
4119/2021

ENGINEERS BOND ESTIMATE
FOR

SOUTHPOINTE AT REGENCY PARK
PHASE 7 • 81 LOTS

LOS BANOS, CA
ITEM DESCRIPTION UNIT QUAN. UNIT PRICE AMOUNT

A SITE PREPARATION

1. GRADING SF 523,699 $0.10 $52,369.90
SUB-TOTAL $52,369.90
B. WATER

1. &"WATER LF 2,009 $20.00 $40,180.00

2. a•GATEVALVE EA 2 $1,300.00 $2,800.00

3. 1"WATER SERVICE EA 81 $500.00 $40,500.00
4, FlRE HYDRANT IJVll1-I TEE, GAlE VALVE & BURY EA 7 $3,500.00 $24,500.00

5. CONNECT TO EXISTING 8" WATER EA 2 $1,000.00 $2,000.00

6. CONNECT TO EXISTING 6" WATER EA 2 $1,000.00 $2,000.00 7, 2" LANDSCAPE SERVICE EA 1 $750.00 $750.00
- ·--- SUB-TOTAL $112,530.00
C. SEWER

1. &"SEWER LF 1,958 $20.00 $39,160.00

2. 4• SEWER SERVICE EA 81 $400.00 $32,,400.00

3. STANDARD MANHOLE EA 7 $2,500.00 $17,500.00

4. CONNECT TO EXISTING SEWER EA 2 $1,000.00 $2,000.00
SUB-TOTAL $91,060.00
D. STORM DRAIN

1. 12" STORM DRAIN LF 193 $26.00 $4,825.00

2. 18" STORM DRAIN LF 1,113 $32.00 $35,616.00

3. CATCH BASIN EA 10 $2,000.00 $20,000.00

4. STANDARD MANHOLE EA 6 $2,500.00 $15,000.00

5. CONNECT TO EXISTING 12" STORM DRAIN EA 2 $1,000.00 $2,000.00

6. CONNECT TO EXISTING 18" STORM DRAIN EA 2 $1,000.00 $2,000.00 SUB-TOTAL $79,441.00
E. CONCRETE

1. &• VERTICAL CURB & GUTTER LF 5,895 $13.00 $74,035.00

2. HANDICAP RAMP (LABOR ONLY) EA 4 $500.00 $2,000.00

3. SIDEWALK (INCWDING RETURNS) SF 19,021 $3.50 $68,573.50

4. RESIDENTIAL DRIVEWAY EA 81 $1,000.00 $81,000.00
SUB-TOTAL $223,606.50
51 ENGINEERS BOND ESTIMATE
SOUlHPOINTE AT REGENCY PARK

LOS BANOS, CA
JOB1100025
4/1Bl2021
PAGE2
ITEM CESCRIPTION UNIT QUAN. UNIT PRICE AMOUNT
F. PAVEMENT

1. 0.25' AC/ 0.95' Nil O. 76' ASB SF 12,445 $3.25 $40,448.26

2. 0.21' AC/ 0.50' AB/ D.50' ASB SF 65,624 $2.50 $184,060.00

3. 0.125' AC OVERLAY SF 25,242 $1.50 $37,883.00
4, MONUMENT WELL EA 7 $300.00 $2,100.00
SUB-TOTAL $244,489.25
G. ELEClROLIERS

1. 15'1/'I STREET LIGKT'S EA 7 $2,500.00 $17,500.00
SUB-TOTAL $17,500.00
H. MISCELLANEOUS

1. STRIPING AND SIGNAGE LS 1 $5,000.00 $5,000.00
a. EROSIONCONlROL LS 1 $5,000.00 $5,000.00
SUB-TOTAL $10,000.00

CONSTRUCTION SUB-TOTAIJ
--- $830,978.65
10% CONTINGENCY $83,097.87
CONSTRUCTION TOTAL.-_...,... $914,076.52
NOTE:

1. THE ABOVE DEVELOPMENT COST ESTIMATE DOES NOT INCLUDE LAND, ADJACENT RIGHT-OF-WAY, INTEREST, TAXES, COMMISSIONS, LEGAL FEES, ENGINEERING FEES, GEOTECHNICAL FEES, CITY FEES.

FEES CHARGED IN CONNECTION Wint A BUILDING PERMIT. PRICES REFLECT CURRENT NORMAL

CONSTRUCTION COSTS AND ARE SUBJECT TO CHANGE ONCE STREET IMPROVEMENT PLANS HAVE BEEN APPROVED.

PREPARED BY JP REVIEWED BY --..;..TG;..._ __
1<:1000251Estlma1es1Phaael 4- 6 &\2019-1-II_Bond E.111me_COMBINS).T0 52 BmibltB
CONDITION8 OF APPROVAL FOR VE811NG 1ENTATIYE TRACT MAP ffl'IM1 - 80UTHPOINTE AT REGENCY PARK General

1. The appllcant ehall eubml a lwleed Vedng Tentallve Tract Map to the Community and Economic Devalopmant Depanrne,t refleclrrg any rnodlficatfons, addfflons, and/or condldons of appmvat. wllh1n 30-frvm Planning Comntiasb, appnwal. ff ~aaaary, Ila nwlNd Vealfng TentaUve Traci Map wl t>, ravlewad by the ~ Engineer and tt18 Community and Econpm(c Development Dnclor and lgned Ir/ 1ha Conmunlly and ~le Dawlopment Dflactorfor PIIIP08N of p,ovldfng a clear -,cord of 1ha approved V9l8ng Tenlatlve Tnact.Map.

2. Thet Veallng Tenlativll Tmcl Mapa. Final Mdpl. and hnplowment Plana shall be conalatent wllh the Flnal Dev8lopmant Plan. 81 condllfontd.

3. App,oval and lfe of the Ye8Ung Tantatlva Tract Mapa ahaR be as aet forth In the Loa Banos Muntafpal Code.

4. All development lhaJI be CDnBllt8nl with the V&lting Terdallva Tmct Map #2016-01 and IPPR>ved Ftnal Dellefopmant Plan #2016-01, rellectillQ any amendmenl& added dll1ng approval.

5. The Final Map(e) 8hall be tn uatantbll compllance .ah Iha appnwed Vealing Tentative Tract Map, lncludlng any cha1gea eat fOllh In the condllione of approval

8. A Final Map "'811 be prepaled by a prdalalonal land IUIY8yOr bnaed In California or a pmfesslonal q1neer lk>anled In Callfom1a and qualllled to pnu:llce land 8UIVeYfn9. acconlfng to the SubdMslon Map 1'd. and local onllnanc:as.

7. At least two po1nts on the Arial Map ahaU ba tied to the Caflfomla state Plane Coonllnate System (NAD 83) With Uas shown and c108ure caicuratkma deplding t18 le bear'w1g1 and diatancea.
8, A letter m,m the Tax Collector lhal be auJmdllecl prior to the nteordlng of the Flnal Map which Indicates that 1Dea have been paid or a bond hu bi!lenpallad.

9. A Final Map Guarantee ahal be p,eparad and provided to the County Recorder. e
53 ••

10. When lhe submlttal h8a been technlcally approved, the OJWna1 ffl)'lare and a confolmlng mylar wlll be •""8d and nolarlzad (no&ary Bhat not be stamped on the map) and claflverad to the N>lfcWorb Departmenl

11. Developer lhan Include a Pubic UIIJily Easement of ten (10) feel along ell ~hntagas.

12. For an propertle8 Mltlln 1.000 feet of agrlcuftural o,,nUons. deed nolfce8 ahal be ftlCCfflled wllh the final map. The deed nob 8hall raquint propelty purchaaera to acknowtedge 1118 IJdlllng and ongoing mnmerdaf and/or agricultural uea. on acUacant and nealby p,opert1e1.· and the Mam County RIDht-bfarm Otdtnance.

13. 8ufldlrV Maater .,_nu be appn,vad t,y1he Community and EoonamJc Development Dapar1menl and Bulding Depa,trnent p,tor Co ..._ of the find buDdlng pllfflllt and llflalt be conelllent v.th Flnll DMlopmant Plan "#2015-01.

14. lmpnwement Plans ahall be eubmllted to the Cly for app1DV81 prior tD/ot concumn \dtl the appficalion for each final map and the~ nam lhal be niqu118d: "The Contl8Ctor II l9ll)Olld:ll8 • paalecling and preae,vlng survey monuments and other sr.ney rna,tcere.. Nff .,,.Y morRlll'IBn18 damaged as a dhect or lndlred 1911A of conatructfon actMtia8 shall be AHBtablshed by a duty llaensed land 8UrveyoJ at the Contraclm's sole expanse, A corner recon:J shaft be fled In accordance with SI$ law for any nat rnanuments at the Conlractar'a sale mcpense.•

16. lmrm,vement Plana ahall lndUde a et1eet stgnage and &trip~ plan to J,e appn,ved by the Pub11c Workl Dfractor.

18. On-site lmprovemenll may be conebucted prior 10 1ha recodng of the final map &ubJect ID Clty appaoval of Improvement Plans and .,._.. of applfcabla plan check and inlpactfon faea, and &alflfaction of all construction condlUon8 d approvat.

17. Off.de pubic j,np,ovement plan(a) 8hall be submlltad to Iha Pubic Work& Deparlment for approval prfar to/or conounent with the ~ for the Flnal Map. The devaloper ahall not conimence ofklte lmp1VV81fN118 lftll approval Is recelV8d by the Pubic WOlb Des,artment. The devaloper lhlll enter lnlD a aubdlvllk>ra lmpn,vament agreement with the City and pRMde labor and rna1nlm&Kl8 bands In an amount of 1~ of ttia Enr,lnws Ea1lnaate for public 1mprovamen1s to be compieled following '800ldallon ar the Anal Map.

18. The. p,oJect la aubJed to the appropriate De\lelopmenl lmpec:I Feae aa ealablllhad by lhe City.
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19. Prtvate property OWJ'l8l8 nu be responaibfe for the malnlananca of sound walls and deca181fva masonry walfa Jocated on private pn,partf.

20. The applcant thalt obtain CKy approval In advance for pannanent and temporary OfHfte and oJklte signs l)rough sapnte sign RMBWI and bol)dlng conalatent wHh the development cril8rla of the Loa Banos Municfpal Code-Sign Oftllnance,

21. It Is Iha appltoanre responalbJUly to enaure that the developmtnt complies wflh the Amerfcans with Disebititiel Act. requllament&.

22. It •haD be the responsiblfity of the applicant lo convey copJea of 1he c:onditions of approval to all conwalDrs and aub-conbaclor8.

23. Building pannts will be laaued In accordance Ytlh City Subdivision Policy 1hat lden1111es the Jmpmvementa MQund In Dldar for a buHdlng parmH to bel88ued.

24. AU stluctures, foundations, and footing$ for fulut9 buldlnga on the s,toject site shaff be designed and conslnlcted to conf'orm with the ourrent Unlfonn Bulldfng Coda for Salamlc Zona 4 to mlnlmlm Blrucual damage l'88UIUng from potenllaf ielsmic activly.

26. An engineering soils repor1 8hall be prepared for au proJecl8 in Older to identify soll charactel18tlca 19qurrtng apeclal slruclural design. On-ab and off-elle 8bvctUra1 design 8haU confor:m to lhe findings and recommendation of the engtneertno 80fts n,port. The report shall be pnpred prior to Issuance of a gmdlng .. penntt. aubject to mlew and app,oval of the Los Banos City Engineer.

28. Prior to l8euanae of building permits for <tevelopment of senallve realdentfal land uaee (e.g. hOUse&, schools. parka, day cara). or other U888 in Which persons ma, comad &Olis), a Phase 1 erwlronmenlal UBHament shaft be prapanld to datemllne tf sals aantarn hazanloua mateJlals. If ll9C98UIY, a remediation plan ahal ba created and JmplDmanted. The assessment and any nacesaary ramedfa1ion plans shall be aubject fD the approvaf of the Communtty Dave1opment Department.

27.' lmprovamant Plans and Grading Plana shall delneate tha location and design of all requlr8d walls and fencea indudlng l9lafnlns, wans.

28. Improvement Pfans 8'1811 Include mallbox locatlona. whk:h must be approved by the US Postmaster and 1he City of Los Banoe.

29. Undeveloped porttons d the aubdlVlslon shall be controlled of weeds and free of debits and lltter.
8 t
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30. Due ta the poaalbffily that significant bur1ed cuftural 18BOIRBS might be found during aonstrucllon, Iha foffowfng language lhlll be IJ)cJucled In any permlls l8aued for the pn,Jecl •Ile. lnclud~. but not Bmlled to buldlna pe1111ita for future development. subjeat to the 18\faw and approval of Iha Loa Banos Plannlng DMafon:
tf 8'dlaeologfcal l'890urces or hUman h9mllna ara dlacovered .,.,.. constnlclton, WOik 8hall be hlltad at a mlnlnun of 200 feel flom 118 find MC# the 8198 ahaD be staked df. The pn,Jacl developer 1h11 notify a quallfled profaaalonal an:haeologlst. I the fA1d Is detarmined to be stanfficant, approp,tate mltfgatlon measures ehall be fonnulatad and lmplamantad.
31, In the eviant of an accidental discoYe,y or racognlllon of any human remains In any loaltlon othar than a dedicated cemat8fy, 1h11 City aball ea,aure that -. language 18 Included In all parrnfls In aocardanca With CEQA Guldellnel aaellon 16084.5(e):

If human remaJns 1118 found cuing oonalrUctlon fheJV sbalJ be no further exoavdon or dlalurbanoa of the • or py nemt,y area ....-,nably auapecled 1o oVBifle adjacent human ramans unlll the Loa Banos Palce Department conlacfl 1he con>.ner d Meraed County to datarmlne lhat no lnveallgatfon of 1he cauee of death is required. If Iha coroner determines the AN11111ns to be Native American, the coroner shall ~ the Native American Hellage Commission \\Ihm 24 houra. The Nalfve Amertcan Heritage Commlaalon shaU 1dentlfV Che pallllXl or per80l1t It be1laws 10 be the most flkely descandant from the deceaaad Native American. The moet likely descendent may than make AICOmmandationl to the farwt>wnat- or the penaon responelble for lhe a:avallon work, for means of liaatlng or disposing of, wflh appropriate dignity, the humah remains and 8ll80ClalBd graw goods as pm"4ded In Pubic ReaoulC88 COde Secllon 8097.98. The landowner or his 8tdholtzed rep,uentatlve ahal rebwy tha NatNe Amerlean tunan remain$ and 8$SOClated grave goads wlll'I appropriate dignity on Iha property In a locatJon not subjad 1o further disturbance I: a) lhe NatfWt American Ha1lage Commission le unable to ilenllfv a most llkely descendent or the moat likely deacandent falled to make a racomniendatlon within 24 hoLl1S aftor being nollllad by tlla commf811on; b) lhe de8cendant ictlinllffed falls to make a recommendation: or c) the landowner or his authorized n,presentatfva l9jeots the reaammendatlan of lhe de8c8ndent. and 1h• mediation by the NaUva Anafcan Heritage Commlstlon falls to proVide mea1UNB acceplable 1o the landOWner.

Pre-Con&tructlon and 0>nstryqflon

82. A minimum 2CJO-foot 8IP8l'8llon Bhan be maintained belwaen f8Bldences and materfat atoclcplles, debris plla1 or aontalnma and equipment 8fal8ge during the construcaon proceaa. If such 8'oc8ge must be loaated within •
56 200 feet of a residence, a six-foot high opaque fanoa lhall ahleld 1he storage area fl'Om view when 1he etoragB area fa lnadve for more than eight hours. 1h18 NqUirmnent shall be tncorporated h1lo Iha speclicalions for al construatirm plans, Subjed ID review and approval by the City of Los Banos Community and EGOnomlc Dewlopmant Department.

33. Two points of all-weather acceas 8h8II be provided to all areas of the development during al phases of consbuctfon 10 the aalfaraation of the FIJe Department In areas Where ra1k1ent)al unlls are under construction.

34. TerT'f)OffUY construction frallers shaH be peffllltted only In 81888 JmmadiatBJy adjacent to or wJth1n that portion of the eUbdlVtafon Where acUve sutidMslon constn.dfon Is lakfng plaoe. Placement of said conalructlon traller Is subject to the Community and Eoonomrc Development DlnK:lor appnwat tn accordance with Tllfe o, Chapter 3, Arllcle 38, Temporary Use 0Rllnance of the Los Banos Munlcipaf Code. 35, During construclfon, and for aafety purpoaas. the developer and aest,ned c:on1radgra shall keep the pubRc right-of.way cfaar of obatructions, and provfde for clean up an a dally bula.

36. Prior to acceptance of public imp,ovements. all enlties to the eubdMafon shall be barricaded to prevent 1ha publlc from entertng the constrvcUon tile.

37. Undevefoped portions of development sites shall be controlled of Wl8ds and free of debris and litter. The applieaRl 8hall pmlde protection againBI wind and water IOU erosion on undewloped pol1lons of the proJecl llte.

Temporary wuelidlon on undeveloped portfons of the projeet 8fte shaU not be allowed to grow taller than eighteen '1chas.

38. All connctora and subcontramn performJng WOl1c ntlatlve to this project ehall obtain City of Los B8noe Buelnaae Licenses, prior to atart of work on the pn,Jaot. All work perfonned on the projaot shalt comply with lhe requtrements of the Slate Business and PR>faaslona Code.

39. con8truction 8hall be Omlted to those tmes allowed by City Ordinance:

Monday through Friday from 7:00 am to 7:00 pm: Saturday ffOm ~ am to 7:00 pm; and Sunday fmm 9:00 am to 7:00 pm. Property muffled equipment •hall be used.

40. The de\leloper ahaU Incorporate eon eroaton control measuNS Into grading end drainage plans that cx,,nply wilt, NPDES storm water regulattons.

These measures shaU be monitored for effectlvenees by the City of Los Banos. Such meaaures may Include, but not be """'8d to, the foBowlng:
a. Limit dlslurbanoa of eolls and vege1allon disturbance removal to the minimum area nece868ry for acca11 and oonslrucllon;
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b. Confine an vehicular trafflo aB80Clalad ¥tfth cons1ructlon to the ,aht-of• way of dealgnated accaas n>adl;
c. Slit fencing ln8tp8ed Jn acoonlance with the American Society for Testing and Maleriall ltandard DN62.
d. Adhere to construction echedulel dealgnad ID avoid periods of heaV)' pl8Clpltatlon or high Wlnda;
e. EnsuNI that al expaeed IOil Is prowled with tempolasy drainage and soil proteclfon "1191'1 c:onst,uct1on activity 1$ ehut down during the winter pedOda;
f. •nn construclfon parsoMtl prior to construcllon and pertodfcllly dl,ll(ng con&trudfon ac1Mli8I of am.4ranmentaf canaams, peltinnlawe and 111gulatfana, and elements of the pn:,poaed erosion CDl'llrol .......... g. eom,,lfance "1111 Naaonal PolulfDn 01acharge Ellmfnallon System (NPDES) permits admklisl8red by the Celfomla Raglonal Water Qualib' Contn,I Boerd; and
h. Development of a plan to employ beal mana;ament practlcas that nHluca the level of pc,llutanta dlacharged Into natuml waterways and wetlanda.

41. Where atandani oomar lot aide yards abut a 81raet. a minimum three-foot landscaplnQ araa ahel be pnwlded beb.werl the back of aldeWalk and Iha renca.

42. Resb1cted access rights ahaD be lmWocabtv offered for dedication ID Ille City atong Iha ,., edge of priVata property whant properties back onlD snata, and shall be shown on final mapa.

43. Matlonry walls shaft be decoratlVe and in confo(mance with the Rnaf Deveropment Plan. A minimum S foot landaoape area shal be ,row.led between Iha back of 1he aldawalk and any maeonry waltl.

44. HouBfng units shaU be oriented to maxlndze passive tolar coollng and heatln; when.praotlcable.

46. Ges fired QPDanoea ahan be row NOx amimna appllancas complying with Caftfomla NOx Emlaalon Rule #1121.

48. The deYeloper ahall coq,ly with ell applleable lncRrect Source ~ 19qulnNnenta of the Sen Joaquin VaDey Air Pollullon Contml Dlsfrtct. 1,
58 Developer shaU prepare an air emissions reduction if required.

Acces~d CfrcUtation~

47. All street traffic Impact fee reimbursement& at.all be per the Transportation Impact Fee program (TIF). The relmbutsements shall only apply to Ward Road up to Overland Avenue jntersectfon and Overland Avenue.

48. FUii Width Improvements for Ward Road from the southerly boundary of the project to the nor1herty bounda,y, shall be ~ in conl'ormance with the phasing plan as approved by the Public Worlts Director.

49. No driveway access shall be allowed from or on Place Road or 0vertand Avenue.

50. ward Road shaH be designed~ a minimum 59' public right-of-way. ·

51. The aass I end fl blcycle paths shall be designed in conformance with Callrans design atandanfa, and shal spedfically be designed to reduce intersection conflict& between cycli8t8 and automoblles, using aignage, lfghting, and/or special street pavement treatmenll at and near points Of intersection.

52. The developer shall be responsible for constructing public lftee1B per the Vesting Tentative Tract Mapa including, but not limited to curb, gutter and sidewalk, decorative masonry wan, and landscaping where noted. lmprovemenls to arterials and collector streets shall be completed prior to occupancy Of any use within the project boundaries, and lmprovemenll to ne{ghborhood streets shall be complete prior to occupancy of any house that requlnts the street for accen.

53. All street sl;nage and striping wlthtn the project area shall be approved by the Public Works Department and shaU meet al llne-of-sfght raqulremems.

64. Prior to acceptance of subdivision improvements, the developer shall install all street and traffic c:onlrol signs, pavement striping, and 8bwt name signs In accordance with the public Improvement plans and City standards.

55. Final Map(•) shall show a non,.access strip 12 Inches In width on priVate property along the frontage of al1ellal and collector streets, except at driveways, for the purpose of conatrueting aound walls and decmative masonry walls.

56. Prior to acceptance of the subdiYiBion Improvements, the developer &halt ba responsible for Installation of all sheet and traffic control aJgns, pa\lement atrfpl119, and straet name Bfgns in accordance With City and/or Celtrans standards.
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57. 111a devalopar ahafl be n,spon&Jble for oblafnlng el'IClllJ8Chmen P8fflllll ftun the City of Loe 8enDB prior to parfarmlng any work Within 1he Clly'I ,vhl-of-way.

58. The develOpar shall d88lgn and lnataJI t"'8c car1111ng meaaures UloughOut the prDJact aN8 88 approved by the aty Engineer.

69. Traffic calmJng ehil be p,ovlded on lhe 8JCl8llng and fcdul9 Castellana street and Palermo Street.
80, T111fflc calmlt'lg 111888U181 may lndLl:le, but 11111 not llmlted to, rataed fnte1sedlon1, speed custdDna, atoP. sign&. varftd aosa aeclions, and fbundabouls.
blDMRI Jli! l,lqhtfnt Pk,JdqC;

81. Prior 1D approval of any • or parcel map, Iha dev,llopar ahall form or annex 1he aubjaclt ptqperty to a Lighting end Landscaping Di8lrtat craatad for purpoaes of malntalnfng pcd>lfc landaCapa 81811, i"'8Qe and pubffc lgtltlrv lncludqa a lharw of traffic algnaf ~ eo818 as aul'1olized pursuant lo tl'8 Land8cape and LWtfng Id of 1972, Part 2 of Division 16 d 1he Cdfomla Sb8ela and Hghwaya Code, and Art1c1e XIUD of the Calfoma Conalftulfon. The form. l8rm8 and condflona and the tax lal8 for

0.. formation of the Lighting and Landmlplt'v Diltrld, or In 1ha alamaUv8 the anne,qdlon of lhe ~ pmperty 1o an e,cietlng cHstrfct, &hall be aa &ppl0"9d by the OIi¥ Council, as detelmlned rn Ill Ide 111d 81fCfllllve dllcr8lion. II ls the Intent of the parties 1hat 1he 8N81emenl of the subject properly Will be apportfoned ID each pan,el In proportion to the apeclat benefit I raaelvas. 0iatrtct formation or annexation ahall be at the lale cost of the dltYlloper.

Ullltfes;

82. The appllcant shall COlllbUcl water, aawar, and lfDrm dlafnage fadlllea as I\Ol8d on the Vesting Tentaave Tract Map, In IICCOJdanaa lllllh City atandanl8. The project lhal comply \\tlh Iha CUl8nt ctly Plana, S1andalda. and Specification&. al Master Plan requhmenls, and the applicant shall work wHh tile Public Worb Department In regards tD naaded tnfraltNcture and development durtng the fmprovemafd Plan Revlewstage.
~3- In confonnanca \\1th the Bulldlvlalon Map Aot. the developer nll permit lnatallatlon of underground cable fale"'8fan dellvary BYlltrna wlhln pubic ulilly easements. Aft dwellings 8hall be made cable ready.

84. Prior to approval of lmpmement Plane or Ami Mapa, 1ha d8valopar shall obtain any neceasary eaaemenlll for utllllee 8CIOl8 adjoining properties. 13 60
Yi.l1lt
85, All exlatq OY8fhead ulllUes &halt be placed undela~ with Iha exceplion of hfgh voltage power Unaa. No new ovemead utBHy 11r,ea and equipment ahal be shown on lmprovena,t Pfamt and Grading Plans.

66. Whe1'8 1118 Invert 18 • feet or greater below finish grade, a minimum c1aanmaa of five feel from Up of gutter to the ecSge of pipe ahalt be pruyldad for undergnH.nd utllfy Hnes.

87. The pmposad p,oJect shall confonn to the raquiremants of the Los 8ano8 Water Maater Ptan. lncludlng pavmenl of the water connecllon Impact fee.

88. ApplJ)Ved bacldlaw davlDes shall be lnalalled as requkad.

69. Domestic waler &eMC:88 8hall not be placed In driv9waye,

70. The 88Wlr colectfan syatem 8hall connect to the Maadowlanda sewer 1ft station.

71. Upon hlsuance of a bulldlng permit relmburaemente for the Nortvate Seww Lift Station ahal be payable 1n· aGCOrdance "1th the Northgate Sewer Lift Station Relmburaemant Agreement.

72. The developer shall conatn.rct el· on-stte and off..wte 8&W8r facllltJel neceeaary to aerve 1he project, subject to re!mbureemenl fbr owr41zlng. aa determined by the City.

73. Pltor to submission of implovement plans for the first phase of devetopment. a Mester sewer Plan for the dfMto~ lha9 be aubrnlllad, ,evlewad. and approved by the Qty Engineer.

Storm Drafnage:

74. The development shall pn,Vlde BIDnn drainage to the naw basin, and then dlscmlge dnctly 1D the San LUls canal, • desorlbad In the 81:0rm Drain Conwlyance and PunJP Smtfon Analyals dated January 14, 2006, aubjaat to 1he nwlew of and as may be modllled by the Cit, EnQtneer. All Improvements to conform to lhe Clly'a Stonn Drainage Syetam Master Plan. All davtatlDn8 to be appoved by Iha City Engineer.

76. Fina! lrnpow,ment Plans for the Blorm drainage syatam 8hal ulllfze the TR-55 analysls melhod.

78. Adequate capaolly for the stoml drainage detention needa af Pacheco High School shall be acoommodated within the ,_ storm drainage baaln, 14 61
' .
dasarlbad In 1ha Strmrr Drain Conveyance and Pump Slatlan ~ dlted January 14. 2005. aubject to the nwlew of and 18 may be modlled bytb& Cly Engineer.

11. Pttor to acceptance of Anal lmpmwment Rana. the applicant shall submit Wliftoa11on frDm lhe manufactutw that the PlfflP 8'don capac:Hy 18 adeqlllle for full batln to shut-off oparattanal mndlicma.

78. Fnl ""2ft)vemant Plans &hall fnclude concnete 8tnlclurel at Btonn basfn Jnlals and ouaeta. Rip-rap lha1I not be mllkleNd acaeplable. The struclulea at,aU pravant nulaance water by diverting dfracay to the pump station.

79. All de\lelopmanl &hafl comply wi1h the Phase H storm water NgUlatlons,

80. Final Improvement Plans for1he tllDrm drainage system lhaU be lllbmftted to the City and revleW8d and eppft>Wld by the Cily ~ prior to i88Uance of a gndlg pennlt.

81. The Developer shall generate a Storm Waler PollulfDn PnMnllon Plan (SWPPP) for pm and poet c:onatrucllon bat nanagament practlaes (8MP8). A NoUce of Intent (NOi) BhaU be 8Ubmltted and aJll)fOYed lrin'to conebuctfon by the State Department of w• Reaouroas.

82. Off-ab98t parking ehall be provided at the dBtenllon basin for a minimum of 1D W!hlcles 88 approved by the Publlc Worts DlraclOr.

MJcSafaty;

83. Fhe department requll8rnenla fDr 118 ptacament of flr9 hydnmls shall be complete prior to approval of dlMllopnwtt permltl.

84. Fire hydrants ahall be ..,.., at locallona approved during Iha lntplWement Plan atage end lhaD be lnataJled baled upon aty alande.nfa.

86. The developer, aa spedlad by City dawlopmenl ~ ahaU 1n1ta11 -Slue Dot" fil8 hydrant localota.

86. Each raatdenoa ahall have a 8-lnctl lighted addraas numbals of oontlasllngi color lnataned on f!e front elaYatlDna or altemalfve slzle • agreed 10 by developer and Fn Chief.

87. The developer shall oomply with the Cly Flra Codes and regullUons subject ID Fl19 Department appn,vat In l8gllld8 IO bulcllng NqUlrementl. fill hydrant plaaemart. and sprlnlder raqulrernenta.

88. FIN ~,ants (or o1her methodl appnMld by the Fl,a Chief) on OWNland Avanue ahaJI be In place and fUncllonlng Pfk)r to approval cf the Int 16 62
Nllklentlal bulldlng pennlt. A8 hydranta (or other malhOdl applVV8d by the Fn Chief) 11h11 be operallanal to the ~ or Ille Fn Chief prtorto combu9tlbla matertal being localed on a. 1118.

89. Sb9el namea ahalf be app,o¥8Cf by1he Fire Department.

90. Drfveways. pa,tdng 1o1s. water llnel, fire h)'dnua, and undergl0LU1d utlltlea 8halt be c:omplatad prlarto lnusnceof buldfng pennfts,

91. Upon comple1lon and appnwal of the proJeot plans, a CD 8hall be submitted to 1he F'ire Depar1rnent p,ovldlng lnfonnaUon on straet layout. f\ydrant tocaUona, water ma1na, mm fha1 1n1e1s (Le. Fn Department .,,..nnfng).

L@mine!ne:

82. All l98ldentlal b11 lhall hava fUlty landacaped 1iont yard& prior to occupancy ar each dW8lflrG. Front 'YMI landacrape 111ar18 8hall be aubmlled With the development Master Plans prior to buldqi permit ilsuance and ehal be appn,Wld by the City Engineer and Community and Economic Development Dlndor.

83. The developer ehaH complyv.th the adcplad enet lnla onlninaa.

94. Masonry wane •half be landacaped wllh vines to dlacour-.ge gmffld.

95. The appticanl llhall 8Ubm1t landaoape and •~ plans with each a:mee of 1he lmpmvamant plane for City levlew and approval of llree1acape landlcaplng.

96. Landecape plans for 81ngle,femDy realdanaaa ahall utl1lze drought 1Dlenn pta~ for no leas ,:tmn 75 patCant ol fRri yanla. Twf valletlea ahaU be chosen 1br draught tolerance. Irrigation aptems ehall be eat 10 m1n1m1m waler uee and apillage onlD pavad araas.

97. Landscape plans lhaD be~ kt accardanaa wllh 'TIiie 10, Chapter 2.

Walar Efficient Landacape OldJnanoe of the Loe Banos Mlmlatpal Code. 11 ,
. '
63 RESOLUTION NO. 6473

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS APPROVING AND
ADOPTING FINAL TRACT MAP NO. 2015-01
SOUTHPOINTE AT REGENCY PARK, PHASE 7

AND ACCOMPANYING SUBDIVISION

IMPROVEMENT AGREEMENT
WHEREAS, there has been submitted to the City Council of the City of Los Banos Tract Map No. 2015-01 Southpointe at Regency Park, Phase 7 and accompanying Subdivision Improvement Agreement: and
WHEREAS, the single-family residential subdivision consists of 81 single family lots on 13.54± acres; and
WHEREAS, prior to the recording of Final Map No. 2015-01 Southpointe at Regency Park, Phase 7 the division of APN 424-120-02lU>00 associated with Final Map No. 2015-01, shown in Exhibit ac•, must record with the County of Merced and an updated title associated with the recording must be submitted to the Public Works Department:
and
WHEREAS, the City's Consulting Surveyor and Acting City Engineer have approved the Final Map, the plan check and inspection fees have been paid in full, and said Final Tract Map has been submitted to the City Council of the City of Los Banos for approval.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Los Banos that it does hereby approve and adopt Final Tract Map No. 2015-01 Southpointe at Regency Park, Phase 7 for the real property described In Exhibit aA•, shown in Exhibit •a• and authorize recording based upon the following findings:

1. Final Map is in substantial compliance with Tentative Map No. 2015-01.

2. Financial Security as required by the Subdivision Improvement Agreement, Subdivision Map Act, and Los Banos Municipal Code has been deposited with the City.

3. All required processing, development, plan check, and inspection fees to date have been paid.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 16th day of March 2022, by Council Member Llamas who moved its adoption, which motion was duly seconded by Council Member Lambert and the Resolution adopted by the following vote:

AYES:

NOES:

ABSENT:

ATTEST:

Council Members Lambert, Lewis, Llamas, Mayor Faria
None
Council Member Jones
APPROVED:
~,.)lad) .•.

Lucille L. Mallonee, City Clerk
64 TO:

FROM:

DATE:

LOsBanos

11. Cro. - ·. ds of C,, i,' 1ia
Agenda Staff Report
Mayor & City Council Members
SoknirornThan, P.E., Public Works Director/City Enginee~ }L__.

March 15, 2023
TYPE OF REPORT: Consent Agenda
SUBJECT: Authorizing an Amendment to Fiscal Year 2022-2023 Budget in the Waste Water Fund line item 502-495-100-900 for Contingency Fund in the amount of $870,000 for the Cresthills Sanitary Sewer Incident by the CCID Main Canal
Recommendation:

That the City Council adopt the Resolution authorizing the amendment to the Fiscal Year 2022-2023 budget in the Waste Water Fund line item 502-495-100-900 for Contingency Fund in the amount of $870,000 for the Cresthills Sanitary Sewer Incident by the CCID Main Canal.

Background:

At approximately 2:30 p.m. on January 20, 2023, a California Department of Fish and Wildlife (CDFW) warden reported to City staff the presence of dead fish and an odor coming from the CCID Main Canal in the vicinity of the City's Public Works office (411 Madison Ave., Los Banos, CA 93635). Upon receiving the report, the City immediately dispatched crews to inspect City storm and sewer facilities along the canal. When inspecting the area around the Cresthills Sewer Pump Station, crews noted what appeared to be a sinkhole at the toe of the canal slope. The location of the sinkhole corresponded with the location of a 10-inch sewer force main that crosses underneath the canal. The City immediately mobilized staff to begin activities to shut off the Cresthills Sewer Pump Station, isolate the leak, install a bypass pipeline, and begin dewatering and excavation work necessary to complete a repair. The City also activated the 2019 Sanitary Sewer Overflow Response Plan (2019 SORP) and erected temporary signage alerting the public to avoid the area.

Because the exact volume of sewage released during the spill is not known, the City's response was based on the assumption that the release was a Category 1 Sanitary Sewer Overflow (SSO) and that more than 1,000 gallons, not fully captured, was drained to other 65 ITEM 6G
waters. The City notified the California Office of Emergency Services (CalOES) to obtain a notification control number and implemented the Public Advisory Procedure and Regulatory Agency Notification Plan contained in the City's 2019 SORP. This included contacting the CDFW, CCID, the Merced County Division of Environmental Health {MCDEH), Region 5 Water Quality Control Board (RWQCB), and the State Office of Emergency Services (Cal OES). The spill was reported as required through the California Integrated Water Quality System (CIWQS).

The release of sewage into the canal was stopped at 3:53 pm on January 20th. To contain the spill, the City coordinated with CCID to construct berms immediately upstream and downstream of the spill and at the Badger Flat Road canal crossing approximately 2 miles downstream of the spill. After the berms were in place, the City began dewatering the stretch of canal between the spill location and the containment berm at Badger Flat Road. Water from the canal was pumped into the City's Badger Flat Stormwater Basin with dewatering completed on January 26th. On January 27th, CCID notified the City that they believed contamination from the event had reached areas beyond those bounded by the three berms that had been initially constructed and that they had erected two additional barriers: one near the canal crossing with Fahey Road, approximately 11 miles downstream of the spill; and one near the canal crossing at Mercy Springs Road, approximately 1.5 miles upstream of the spill.

Because the spill was identified during the late afternoon of Friday, January 20th, state certified laboratories were closed for the weekend and water quality monitoring could not be started until Monday, January 23rd. On the 23rd, the City initiated a daily water quality monitoring program involving nine sample locations upstream and downstream of the spill (locations 2 through 10 on the attached map), 5 additional sampling locations were added for enterococcus monitoring on February 3rd. Analytes varied with location and date and included field testing for pH, dissolved oxygen (DO), and temperature, and sampling and laboratory analysis for pH, DO, total coliform, fecal coliform, e. coli, ammonia, and enterococcus.

Discussion:

At this time, The City of Los Banos has taken all necessary steps to comply with state and federal law with respect to the SSO, including compliance with its 2019 Sewer System Management Plan (SSMP) and the State Water Resources Control Board's Statewide General Waste Discharge Requirements for Sanitary Sewer Systems, and has fully mitigated any impacts of the SSO to the extent required by applicable law. The SSO was caused by a sudden pipe break near the Canal. The City took steps to stop the SSO discharge as soon as possible after discovering it by shutting off flow to the broken pipe at the Cresthill Sewer Pump Station, and the City, with assistance from CCID, blocked off the area of the SSO and the affected portion of the Canal as quickly as possible. The 2- mile portion of CCID's Main Canal located downstream of the spill was dewatered also as quickly as possible, and the City has taken numerous water samples over several days following the incident. The most recent sampling data that we have received from the laboratory confirms that levels of bacteria have returned to background levels that are normally present in the Main Canal, based both on the background sampling data from 2021 and 2022 provided by CCID and on the samples taken by the City in unaffected portions of the Canal both upstream and downstream of the affected area. 66 City staff has been in contact with the RWQCB, the MCDEH, and other government agencies. At this time, the City has requested, but not received any further requirements for action or additional mitigation that are beyond what was already completed as part of the SSMP and the Statewide General Waste Discharge Requirements for Sanitary Sewer Systems. These communication and notices were sent at three different occasions to the agencies. As of this time, staff believes that the bacteriological water quality in the water remaining in the isolated area of the canal between the berms near Mercy Springs Road and near Fahey Road is consistent with background levels and that the water can be released for use.

Even though the City has achieved compliance with all requirements required by law, staff understand that some agricultural users of water from CCI D's Main Canal have expressed concerns about the potential for constituents in the water that the City is not required to sample for or mitigate under applicable law, regulations, or permitting requirements. In order to help address the perception concerns of some of CCI D's growers, CCID and the City diverted water to agricultural land north of Henry Miller Road from February 13th through February 23rd. CCID and the City also diverted water to agricultural land approximately 1. 75 miles north of Fahey Road from February 15th through February 23rd.

The receiving land for both diversions is not used for animal grazing or cultivation of crops for human consumption. As of February 23rd, all special diversions of the water have ceased and normal operations of the CCID Main Canal have resumed.

Fiscal Impact:

Currently there is $100,000 budgeted in the Sewer Contingency Fund. The total cost of the repair, permitting, and mitigation for this incident is $970,000. Therefore, a total of $870,000.00 is being requested for amendment to the Fiscal Year 2022-2023 budget in the Waste Water Fund line item 502-495-100-900.

Additionally, we also expended over 750 hours of overtime from Public Works staff to support this incident. Although this cost is already budgeted for in salaries and overtime, this incident significantly impacted our normal operations.

Reviewed by:
\
I
Attachments:

Resolution
Brent Kuhn, In erim Finance Director
67 THIS PAGE IS INTENTIONALLY LEFT BLANK
68 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 WASTE WATER FUND
502-495-100-900 FOR EXPENDITURES IN THE
AMOUNT OF $870,000 FOR THE RESPONSE TO

THE CRESTHILLS SANITARY SEWER INCIDENT
WHEREAS, the City Council of the City of Los Banos has been presented a proposal to increase the appropriations in the 2022-2023 Fiscal Year budget; and WHEREAS, the City Council of the City of Los Banos may adjust the overall appropriation levels in each fund at any time during the Fiscal Year by action to amend the budget; and
WHEREAS, the proposed Contingency line item increase includes expenditures of $970,000.00 for the Waste Water Fund account 502-495-100-900 for the response to repair and mitigate the impact of a Sanitary Sewer Overflow by the Cresthills Lift Station; and
WHEREAS, the proposed amendment to the 2022-2023 Fiscal Year Budget for an increase in appropriations to the Waste Water Fund expenditures has been reviewed by the Interim Finance Director.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos hereby approves amending the Fiscal Year 2022-2023 Budget by increasing appropriations in the Waste Water Fee Fund 502-495-100-900 in the amount of $870,000.00.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 15th day of March 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
69 THIS PAGE IS INTENTIONALLY LEFT BLANK
70 TO:

FROM:

DATE:

LOsBanos
At the C,·ossroads of California
Agenda Staff Report
Mayor and City Council Members
Soknirorn Than, P.E., Public Works Director/City Enginee:9--=-f C March 15, 2023
TYPE OF REPORT: Consent Agenda
SUBJECT: Entering into a Professional Services Agreement with Fehr & Peers for Transportation Master Plan Update
Recommendation:

That the City Council adopt the Resolution entering into a Professional Services Agreement with Fehr & Peers to updated the City's Transportation Master Plan in the amount of $254,615.

Background:

The current Transportation Master Plan was completed in May 201 Oby Prism Engineering.

The City is continuing to experience growth, with substantial increases in housing developments and regional traffic volume. This growth has impacted current transportation infrastructures and has generated further need to update the City Transportation Plan. The Transportation Master Plan Update will help address the challenges of facilitating mobility and access in a strategic manner, within the reasonable fiscal constraints of the City's budget and limitations of state and federal funding available, and in a way that is responsive to anticipated growth and the general plan.

Discussion:

On December 21, 2022, the City released a Request for Proposals soliciting the services of a qualified consultant to updated the City's Transportation Master Plan (TMP). The submission deadline was January 26, 2023 and the City received three proposals:
1 . OKS Associates

2. Fehr & Peers

3. T JKM Transportation Consultants
71 ITEM 6H
A selection committee reviewed the proposals and ranked Fehr & Peers as the most qualified consultant to provide the requested services. After cost negotiations, the panel recommended that the City enter into a Professional Services Agreement with Fehr & Peers to update our Transportation Master Plan.

If approved, Fehr & Peers will begin the process of preparing the TMP update upon notice to proceed. It is anticipated that the TMP update will be completed in approximately ten (10) to twelve (12) months once the project is Initiated. The plan preparation process will include:
• Multimodal traffic data collection at various collectors, arterials and intersections • Develop a Travel Demand Model in consistence with the regional transportation plan
• Assessing current and future needs
• Develop improvement plan and capital financing plan
• Updating impact fees
• Community input and outreach
• Analyzing cost and benefit
• Develop a Traffic Impact Analysis (TIA} guideline and policy • Integrate the Vehicle Mile Travel policy to the TIA
• Preparing complete documentation and plans.

Once completed, the TMP update will serve as a guide for the next 20 years and will provide a framework for the future transportation planning to local and regional roads and multimodal transportation networks. Once the draft is complete, City staff will return to City Council for review and approval of the document.

Fiscal Impact:

Sufficient funds have been budgeted in the Fiscal Year 2022-2023 Budget Account 230- 430-220-231, Traffic Impact Fee Professional Services to get the project underway. City staff will budget for the remaining cost in Fiscal Year 2023-2024.

Attachments:

Resolution
PSA with Exhibit A - Proposal, and Exhibit B - Schedule of Fees Budget Sheet
72 RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS AUTHORIZING THE CITY

MANAGER TO EXECUTE A PROFESSIONAL

SERVICES AGREEMENT BETWEEN THE CITY

OF LOS BANOS AND FEHR & PEERS TO

UPDATE THE TRANSPORTATION MASTER
PLAN.

WHEREAS, on January 26, 2023 the City of Los Banos received proposals for consultant services to update the Transportation Master Plan; and WHEREAS, the selection committee reviewed the proposals and concluded that Fehr & Peers was the most-qualified firm to provide the requested services; and WHEREAS, the City Attorney has prepared the Professional Services Agreement between the City of Los Banos and Fehr & Peers for said services; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby authorize the City Manager to execute the Professional Services Agreement with Fehr & Peers to update the Transportation Master Plan in the amount of $254,615.

AYES:

NOES:

ABSENT:

APPROVED:

Paul Llanez, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
73 THIS PAGE IS INTENTIONALLY LEFT BLANK
74 City of Los Banos
Regional Traffic Impact Fee
Traffic Impact Fee
CMAQGrant
2022-2023
2019-2020 2020-2021
Account Number Description Actual Actual

REGIONAL TRANSPORTATION IMPACT FEE
229-430-100-238 Technical Services 96,444 139,703
Supplies & Services 96,444 139,703
TotalRTIF $96,444 $139,703
TRAFFIC IMPACT FEE * 230-430-220-231 Professional Services 293,150 195,420 Supplies & Services 293,150 195,420
230-430-220-716 Street/Road Improvement 0 0
Capital Outlay 0 0
Total Traffic Impact $293,150 $195,420

CMAO GRANT
249-430-210-715 Street Improvements 268,844 0
Capital Outlay 268,844 0
Total CMAQ Grant $268,844 $0
198
2021-2022 2022-2023
Estimated Adopted
222,000 2,402,000
222,000 2,402,000
$222,000 $2,402,000
110,000 255,000
110,000 255,000
0 1,600,000
0 1,600,000
$110,000 $1,855,000
0 0
0 0
$0 $0
75 Regional Transportation Impact Fee

SERVICES & SUPPLIES
238-TECHNICAL SERVICES: Charges for services to outside engineering firms to complete traffic related projects (Pioneer Road Widening), traffic studies, and other traffic related issues. Service may include design, drawings, and project management; as well as other miscellaneous professional services, which may be require.

Traffic Impact Fee

SERVICES & SUPPLIES
* 231-PROFESSIONAL SERVICES: Charges for services to outside engineering firms to complete traffic related projects (Trail to College $185,000, Hwy 152 Signal Synchronization Project $70,000), traffic studies, traffic master plans, and other traffic related issues. Service may include design, drawings, and project management; as well as other miscellaneous professional services, which may be required.

CAPITAL OUTLAY
716-STREET/ROAD IMPROVEMENTS: Reimbursement for improvements to Center Avenue estimated at $300,000 and Place Road/B Street Intersection estimated at $500,000. Construction for the Hwy 152 Signal Synchronization Project $800,000.
199
76 PROFESSIONAL SERVICES AGREEMENT

FOR TRANSPORTATION MASTER PLAN UPDATE
[FEHR & PEERS]
THIS AGREEMENT is made and entered into this __ day of _ _ __ 2023, by and between the City of Los Banos, a municipal Corporation (herein referred to as "City") and Fehr & Peers, a California corporation (herein referred to as "Consultant").

RECITALS
A. WHEREAS, City is in need of Professional Services as described herein below; B. WHEREAS, Consultant represents that it has that degree of specialized expertise contemplated within California Government Code, Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; C. WHEREAS, City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement;
D. WHEREAS, City and Consultant desire to contract for the specific services described below and desire to set forth their rights, duties and liabilities in the services to be performed; and
E. WHEREAS, no official or employee of City has a financial interest, within the provisions of California Government Code, Sections 1090-1092, in the subject matter of this Agreement.

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

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

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

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

WAV 03.08.2023 1
77 2.2. All professional services shall be performed by Consultant or under Consultant's superv1S1on. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional Consultants in accordance with sound professional practices.

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

3. Time of Performance. Time is of the essence in the performance of services under this Agreement and the services shall be performed to completion in a diligent and timely manner. The failure by Consultant to perform the services in a diligent and timely manner may result in termination of this Agreement by City.

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

4. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit B attached hereto and made a part of this Agreement (the "Fee Schedule").

Consultant's compensation shall in no case exceed $254,615.00.

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

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

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

WA V 03.08.2023 2
78 5. Contract Administration. The Public Works Director/City Engineer shall have the authority to act for City under this Agreement. The Public Works Director or his/her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. Consultant shall designate a representative for purposes of this Agreement who shall have the authority to act for Consultant under this Agreement.

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

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

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

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

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

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

WA V 03.08.2023 3
79 C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII ( or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City Attorney.

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

E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language:

W AV 03.08.2023 4
80 i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant.
ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self-insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder.
111. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers.
v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non-payment of premium) written notice has been received by City.

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

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

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

WA V 03.08.2023 5
81 10. Independent Contractor. It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services.

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

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

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

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

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

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

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

12. Ownership of Documents. All documents, information and materials of any and every type furnished or prepared by the Consultant or any of its subcontractors pursuant to WA V 03.08.2023 6
82 and in the course of performance of this Agreement shall be and remain the sole and exclusive property of the City. Such documents, information and materials shall include but not be limited to all findings, reports, plans, specifications, studies, drawings, estimates, documents, information and data including, but not limited to, electronic media, computer tapes or discs, files, and tapes furnished or prepared or accumulated by the Consultant in performing work under this Agreement, whether completed or in process. City shall have the sole right to use such documents, materials and information in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such documents, materials and information to City upon prior written request.

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

Consultant shall not obtain or attempt to obtain copyright protection as to any Documents.

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

12.3 Notwithstanding the foregoing, Consultant shall retain all rights, titles, and interests, including but not limited to all ownership and intellectual property rights, in all inventions, improvements, discoveries, methodologies, models, formats, software, algorithms, processes, procedures, designs, specifications, findings, and other intellectual properties developed, gathered, compiled or produced by Consultant prior to or independently of any of its services under this Agreement ("Background IP"), including such Background IP that Consultant may employ in the performance of this Agreement, or may incorporate into any part of the services and work product. Consultant grants City an irrevocable, non-exclusive, transferable, royalty-free license in perpetuity to use, disclose, and derive from such Background IP, but only as an inseparable part of the services and work product. Third-party content that may be used or incorporated in the services and work product shall not become the property of City. Consultant shall secure all licenses necessary to any third-party content incorporated into Consultant's work product for City to utilize Consultant's services and the work product for their intended purposes.

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

WA V 03.08.2023 7
83 14. Access to Records. Consultant shall maintain all books, records, documents, accounting ledgers, and similar materials relating to work performed for City under this Agreement on file for at least three (3) years following the date of final payment to Consultant by City. Any duly authorized representative(s) of City shall have access to such records for the purpose of inspection, audit and copying at reasonable times, during Consultant's usual and customary business hours. Consultant shall provide proper facilities to City's representative(s) for access and inspection. Consultant shall be entitled to reasonable compensation for time and expenses relate to such access and inspection activities, which shall be considered to be an additional service to the City, subject to the provisions of Section 4 hereinabove.

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

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

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

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

16. Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant's sole cost and expense.

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

18. Integration; Amendment. This Agreement represents the entire understanding WAV 03.08.2023 8
84 of City and Consultant as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered in it. This Agreement may not be modified or altered except by amendment in writing sign by both parties.

City's city manager, or designee, may execute any such amendment on behalf of City.

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

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

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

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

To City:

Nirom Than, P.E.

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

Ron Milam
Principal
343 East Main Street, Suite 608
Stockton, CA 95202
Nothing hereinabove shall prevent either City or Consultant from personally delivering any such notices to the other.

23. Termination. City may, in its sole discretion, terminate this Agreement at any time and for any reason whatsoever by giving written notice of such termination to Consultant.

In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. In the event of such termination, Consultant shall be entitled to compensation for all services rendered and work performed for City to the date of such termination.

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

WA V 03.08.2023 9
85 Consultant will be given a reasonable amount of time as determined by the City to implement said corrective measures. Failure of Consultant to implement required corrective measures shall result in immediate termination of this Agreement.

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

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

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

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

Date: ______ , 2023
Date:. _____ _, 2023
ATTEST:

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

William A. Vaughn
City Attorney
WA V 03.08.2023 11
FEHR & PEERS, a California
corporation
by:

CITY OF LOS BANOS, a California
municipal corporation
by:
87 EXHIBIT A
WA V 03.08.2023 12
88 EXHIBIT A
Work Approach Plan
The RFP presents a thorough and detailed Scope of Services, which is not repeated verbatim here. Instead, this Work Approach Plan steps through each of the tasks in the RFP Scope of Services, elaborates upon how we propose to approach the key elements, and highlights areas where we suggest a work item that differs from, or is in addition to, what is already included in the RFP. Jfwe are selected, we will discuss these ideas with the City and develop a final Scope of Work suitable for inclusion in the contract. The Work Approach Plan reflects upcoming, ongoing, and recently completed transportation studies and investments in the City of Los Banos and Merced County.

Consistency with these other efforts will produce a Transportation Master Plan (TMP) and associated outcomes and deliverables that will continue to provide value to the City of Los Banos long after this project is completed.

Task 1: Project Kickoff and Work Plan
This task sets up the structure of the project team, the lines of communication within the project team, and sets the expectations for how stakeholders will be engaged. There are two crucial elements in this task: the Public Engagement Plan (including a defined strategy for coordinating with other efforts that are underway in the City and region) and the refinement of the scope, schedule and staffing plan. We propose to conduct the project kickoff meeting in-person at the City of Los Banos, and we would participate in bi-weekly check in calls with City staff over the course of the project.

1.1 1.2

1.3 1.4

1.5 1.6

1.7 Kickoff meeting summary
Refined scope of work with detailed tasks and objectives Detailed schedule identifying key milestones and deliverables Public Engagement Plan, including a defined strategy to coordinate with other efforts underway in the City and region.

Final staffing plan identifying consultant and City staff roles Monthly Progress Reports and Project Invoices
Monthly Check-in Calls
Task 2: Existing Conditions
To provide an understanding of City-wide traffic conditions, Fehr & Peers will undertake a data collection effort to supplement data already on-file from the Pioneer Road Complete Streets Project, City of Los Banos General Plan 2042 and EIR, MCAG Travel Demand Model Update, and other data that the City may have on-file. Incorporating a consistent multimodal transportation data set will limit the new data to be collected, better allow for the reuse of data and analytics generated by other projects, and better ensure consistency with recent and ongoing transportation planning and engineering efforts. We will collect mid-week Ai\1 and PM 2-hour peak period intersection turning movement counts of vehicles, heavy vehicles, pedestrians and bicyclists at up to 10 additional locations as part of 89 this task. The final number of intersections to be included in the Transportation Master Plan will be finalized during the kickoff meeting in Task 1.

The multimodal traffic data collected in this task will also be supplemented with an inventory of completed significant transportation network improvements since the May 2010 Transportation Master Plan. Cost data for these improvements will also be requested, if available, to provide a more in-depth basis for the Traffic Fee Ordinance (TFO) and Transportation Impact Fees (TIF) program to be developed as part of Task 3.2.

2.1 Inventory of existing traffic count information

2.2 Inventory of completed significant transportation network improvements Task 3: Assessment of Current and Future Needs
The project team will develop a suite of analytical tools that will help develop the vision, goals and objectives for an updated TMP that considers realistic capital investment and revenue projections (per State law) as indicated by City staff. The tools will provide a comprehensive look at future conditions that can be reasonably anticipated and forecast for the City over the next 20 years. The needs assessment will determine, based on population projections in the General Plan and needs and goals from other General Plan Elements, to determine if existing facilities and services can accommodate future demands or if changes to the network or policy expectations would be required.

The quantitative analysis in these tasks will be used to inform Task 3.1 and Task 3.2 and will be augmented by feedback received from public engagement to be conducted under Task 4.

The following subtasks have been grouped together for organizational purposes - transportation planning works best when considering all multimodal factors together to develop a Transportation Master Plan that will achieve the vision, goals, and objectives for multimodal transportation in the City of Los Banos.

City-Focused MCAG Traffic Demand Model Development, Traffic Operations Analysis & Improvement Measures The Merced County Association of Governments (MCAG) regional travel demand model will be updated by Fehr & Peers in early 2023 to reflect existing and new development data for all agencies in the MCAG region. This updated model, expected to be completed by June 2023, will serve as the basis for future traffic volume and VMT forecasting efforts for MCAG member agencies (including the City of Los Banos). The updated model will also serve as the basis for future traffic studies, so consistency with the new model will be critical for ensuring that the VMT Policy, TIA Policy, and TIA Guidelines to be developed in Task 3.1 are developed in alignment with the model that will be used for future analysis (i.e., maintaining an "apples-to-apples" basis across policy expectations, thresholds, and project analysis).

We propose to use the updated MCAG model (to be completed in June 2023) as the basis for the Plan. We will perform base year local area land use and roadway network verification (up to 10 hours of staff time), and complete a static calibration/validation effort for the City of Los Banos area to approach alignment with Cal trans District 1 O validation targets. The static calibration/validation effort will be completed for up to 50 one-way links in the City (we have budgeted 20 staff hours for static calibration/validation); much of the static calibration/validation approach information from the Pioneer Road Complete Streets Plan traffic analysis can be re-used for this effort. This scope 90 assumes the use of the locally-validated City-focused MCAG model, which will be used to forecast 20-year horizon traffic volumes using the Caltrans District 10 preferred forecasting process (i.e. Year 2042) for up to 25 study intersections or 100 road segments; we will work with City staff to define the study locations.

Existing and future traffic volume data will be input into a Synchro model of City roadways and intersections (up to 25 study intersections or 100 road segments); this model will be an expanded version of the Caltrans District 10- approved Synchro models currently being developed by Fehr & Peers as part of the traffic analysis for the Pioneer Road Complete Streets Project. It is noted that the Pioneer Road Complete Streets Project Synchro model already includes most major intersections along the Pacheco Boulevard (SR 152/33) and Pioneer Road corridors, and includes the latest signal timing information from Caltrans District 10 (in addition to already being accepted in accordance with District l0's modeling standards).

Existing Conditions and Cumulative Year 2042 Conditions Levels of Service (LOS) will be output from the Synchro model to identify existing and future congestion hotspot areas in the City circulation system. For intersections that fall below the City's LOS standards, we will evaluate whether an exception is warranted or if improvement measures are physically and financially feasible to achieve satisfactory weekday AM or PM peak hour LOS. Cost estimates may already be available for some of the projects being included in the Traffic Impact Fee update, but for the purposes of this scope we assume that the consultant team will need to review and update previously-prepared cost estimates for some projects and to develop new cost estimates for other projects, including (if desired) multimodal improvements envisioned in the Bicycle and Pedestrian Plan and MCAG Active Transportation Plan (currently being completed by Fehr & Peers).

Fehr & Peers and Mark Thomas have extensive expertise in developing cost estimates for projects involving bicycle or pedestrian infrastructure, traffic signals, intersection, and roadway design improvements (including structures).

The exact level of effort necessary to develop cost estimates will depend on the number of projects and the availability of prior estimates, which is not known at this time. At this stage the team assumes that up to 20 improvements would require new or substantially modified cost estimates; this would tier off of cost estimates already completed or to be completed as part of other projects, such as the Pioneer Road Complete Streets Project.

Multimodal Transportation Planning
Based on information from City staff, information from other tasks in this work plan, and the outcome of the public engagement process in Task 4, Fehr & Peers will update the City street classification system and final Circulation Plan. The updates to the City street classification and final Circulation Plan will balance a number of factors, including:
• Reflection of the community's priorities for the multimodal transportation system • Reinforcement of General Plan 2042 land use plan and policies • Future-proofing parking supply considering emerging technologies and electric vehicles • Managing congestion considering identified transportation network improvements from the operations analysis
• Providing for efficient emergency access and response • Accommodating freight/goods movement, including identifying truck routes. • Integrating the MCAG Non-Motorized Transportation Plan (currently being completed by Fehr & Peers) and 2018 Bicycle and Pedestrian Plan
• Reinforce VMT and emissions reductions requirements
• Leveraging the latest in Complete Streets and Safe System principles for the Los Banos context (critical for future grant funding from State and Federal agencies)
91 3.1

3.2 3.3

3.4 3.5

3.6 3.7
Model files for locally calibrated/validated version ofMCAG model (Base Year 2023 and Future Year 2042)
Tabular statistics of Base Year 2023 model validation
Tabular inventory of future year forecasts
Existing Conditions and Cumulative Year 2042 Synchro traffic operations models List of improvement measures to bring deficient intersections to City LOS standard Cost estimates for improvement measures
Circulation Plan: Draft and Final
Task 3.1: Updated Vehicle-Miles Traveled Policy and Develop a TIA Policy Fehr & Peers was a contributor to the MCAG Regional VMT Thresholds and Implementation Guidelines through our on-call relationship with MCAG, including specific review of modeling information for the City of Los Banos.

We will review the regional guidelines and prepare a VMT Policy statement for inclusion into the City's General Plan. Based on discussions with City staff, the City will implement the MCAG recommendations. The VMT Policy and new VMT metrics from the City-specific MCAG model will be produced for inclusion into a new Transportation Impact Analysis {TIA) Policy and new TIA Guidelines for the City. In addition to VMT analysis, the TIA Guidelines will consider LOS analysis, active transportation review, site design, emergency access, and other required elements under CEQA Guidelines Appendix G. Based on discussion with City staff, the TIA Guidelines will take the form of a 1-2 page document outlining required study elements, required generalized VMT and LOS calculation methodologies, and thresholds of significance for VMT. A list of potentially applicable TDM measures from the 2021 Handbook for Analyzing Greenhouse Gas Emission Reductions, Assessing Climate Vulnerabilities, and Advancing Health and Equity, which has superseded the 2010 CAPCOA Handbook, will be included.

Infrastructure-related VMT mitigation measures subject to the Mitigation Fee Act may be included in the updated Traffic Fee Ordinance and Traffic Impact Fee program to be developed as part of Task 3.2. ·1 ask# i Dl'lh c, :1hll'

3.1.1 VMT and TIA policy statements

3.1.2 Transportation Impact Analysis Guidelines
Task 3.2: Traffic Improvements and Traffic Impact Fees Update Fehr & Peers will review the City's current Transportation Impact Fee (TIF) program and Traffic Fee Ordinance (TFO) and assess which improvements are still remaining to be completed (based on the inventory information to be collected as part of Task 2). A critical step in the TIF update is to determine which improvements, if any, are 92 currently in the fee program and are still required per the traffic operations analysis to be conducted in Task 3.

Funding for projects no longer needed per the new analysis may be reallocated to other, high-benefit projects to be included in the updated TIF/TFO.

We will work with the City to determine how the proposed VMT policy may be reflected in the updated TIF program. To be consistent with the Mitigation Fee Act, the TIF can generally only be used to fund capital improvement projects; the TIF would generally not be suitable for funding ongoing operations of programs designed to change travel behavior, although recent projects such as the Los Angeles VMT impact fee program ( completed by Fehr & Peers) has begun to change what projects may qualify for a TIF. To the extent that the VMT policy indicates the need for specific capital improvement projects in order to support the City's VMT reduction goals, those capital projects could be incorporated into the TIF program.

We presume that the City would like to continue using the nexus approach used in the most recent TIF study, which was completed in December 2019. In that approach, the cost for each of the capital improvements in the TIF is divided according to the percentages of existing and future development in the City, and the portion associated with future development is what is included in the fee calculations. There are other methods for making a nexus calculation that could be applicable, depending on the types of capital improvements included in the TIF program, and we can discuss those with the City if interested. For example, while the TIF is currently based on project size, the TIF could be modified to a different fee basis, such as trips generated or VMT, which could be more consistent with the TIA guidelines to be developed as part of Task 3.1 (subject to the provisions of AB 602 which went into effect on July 1, 2022).

Using the growth projections from the model and trip generation rates typically applied in transportation impact analyses prepared for the City, we will calculate the percentages of existing and future trips in the City, and use those percentages to determine the amount of each project's costs ( developed along with project descriptions as part of Task 3) that will be included in the fee calculations for new development. Fees for each land use category will be calculated based on trip generation rates and potentially also on trip length, so as to capture the VMT effects of each land use category. The result will be a draft fee schedule that will be reviewed with the City staff.

Fehr & Peers will document the results of the analysis described above in a nexus report which will be submitted to the City for review and finalization. As part of the adoption of the new TIF (presumed to be completed as part of Task 6), Fehr & Peers will draft a Traffic Fee Ordinance for formal adoption of the new TIF.

Lis" fl I Dl'li\ crahlc

3.2.l Traffic Impact Fee Nexus Study: Draft and Final

3.2.2 Traffic Fee Ordinance and Fee Schedule: Draft and Final Task 4: Public Engagement
Early and ongoing involvement in planning is crucial for generating community buy-in. As noted in Task 1, Fehr & Peers will develop a Public Engagement Plan that is appropriate to the scope and context of the project. The Public Engagement Plan will clearly outline the community engagement goals, timelines, and approach, and identify activities appropriate to each phase of the project. The Public Engagement Plan will also identify key stakeholders, both internal and external, as well as community partners whose input will be necessary to the success of the project. 93 Community engagement efforts are intended to facilitate a comfortable, inclusive, and interactive environment for residents to provide feedback. This can be achieved through workshops, open houses, pop-up activities at local events or with local partners, or through strategic stakeholder and council study sessions. While specific activities will be identified in coordination with the City, we anticipate two key phases for feedback:
• Community Visioning: introducing the project and starting a shared dialogue around transportation issues and values for the community. Discussion of fiscal opportunities and constraints will also occur with staff and decision makers during this phase to set up a TMP that is fundable and implementable. • Prioritization: introducing design concepts and ground-truthing existing conditions analysis against the experience of residents.

The team will also utilize our in-house visual communications team to develop clear branding and supportive materials for the project, which will provide recognition and continuity for all deliverables within the effort.

Outreach notification materials, if desired, can be developed in both English and Spanish. Outreach exercises may be coordinated with the MCAG Non-Motorized Plan work currently being completed by Fehr & Peers.

Task# I th:liH·rahk

4.1 Two community outreach events (format TBD)

4.2 One Council/Commission Study Session
Task 5: Documentation and Plan Implementation
Fehr & Peers will integrate deliverables from all previous tasks into an Administrative Draft Transportation Master Plan (TMP) to be reviewed by the Project Team including City Staff. The TMP will identify, evaluate and prioritize strategies; the TMP will also include implementation actions and performance tracking metrics for the City to track over time. Implementation will be based on an action plan for the near-term (0-5 years), medium term (5-10 years), and long-term (10-20 years), considering the goals and objectives for all modes. Future grant funding considerations will also be incorporated into the implementation strategy to promote the implementation ofTMP improvements.

The Administrative Draft TMP will reflect a consistent visual style and lean on photos and graphics to be easy to follow and accessible to the public. We have found this approach to be successful in our work for similar agencies throughout the State. Fehr & Peers will incorporate comments and revise the Administrative Draft to create a Public Review Draft, which we will post on the City's website for the public to provide comments. We will incorporate feedback into development of the Final Plan. To advance the work, we propose the following outline, which will address all modes:

1. Existing Conditions

2. Vision, Goals and Objectives

3. Master Street Plan
a. Street Classifications
b. Major Intersections/Future Intersections Improvements c. Future Streets/Future Street Improvements
d. Multimodal Street Cross Sections

4. Mode Elements (Bicycle, Pedestrian, Transit, Goods Movement)

5. Policy Statements (VMT, TIA, TIF, etc.)
94 6. Action Items/Plan

7. Implementation Plan and Metrics

8. Project List
a. Project Prioritization
b. Funding Strategies

9. Travel Model - Base Year 2023 and Year 2042/Buildout Documentation Task# I Deli, rrahlc

5.1 Updated Transportation Master Plan: Administrative Draft, Public Review Draft, and Final Task 6: Plan Adoption
Fehr & Peers will present the Final Plan to the City Council at an evening public meeting. We have included time for up to two adoption hearings (and associated preparation time) as part of this task. 95 THIS PAGE IS INTENTIONALLY LEFT BLANK
96 EXlllBITB
WA V 03.08.2023 13
97 EXHIBIT B - FEE SCHEDULE
Consultant shall provide an itemized schedule of rates and fees which includes all billing amounts and costs for each Task.

Task amounts are considered to be not-to-exceed amounts.

Task 1: Project Kickoff and Work Plan ........................................................ $_ 19~2 l_0_.0~0~ --- Task 2: Existing Conditions .......................................................................... $~9~,_12_0~·~00~ ---- Task 3: Assessment of Current and Future Needs ......................................... $ 114.385.00 Task 3.1: Updated Vehicle Miles Traveled Policy and Develop a TIA Policy ....... $ _9~._1_10~·~0~0 _ ___ _ Task 3.2: Traffic Improvements and Traffic Impact Fees update ........................... $ 43_~·~7~3~0~.0~0 _ _ _ _ Task 4: Public Engagement ........................................................................... $ _17~.4_4_0_.0_0~-- - Task 5: Documentation and Plan Implementation ....................................... $_35~ 9_2_0~.0~0 _ __ _ Task 6: Plan Adoption ................................................................................... $_5~,_70_0_.0_0 _ _ _ _ Consultant Rate Schedule:

Total - $254,615
The rate for any authorized additional services is shown below:

Position Title Hourly Rate
Project Administrator $285
Principal-in-Charge $320
SB 743NMT Policy Expert $350
Traffic Impact Fee Expert $350
Travel Demand Model Expert $255
Community Engagement Expert $210
Principal $240-$375
Sr. Associate $205-$300
k\ssociate $175-$275
Sr. Planner/Engineer $160-$230
Planner/Engineer $120-$175
Sr. Engineering Technician $150-$215
Sr. Project Accountant $170-$190
Sr. Project Coordinator $125-$180
Project Coordinator $100-$170
Technician $120-$170
Intern $95-$140
Cost Estimation Expert (Mark Thomas) $360
Principal (Mark Thomas) $390-$461
Sr. Engineering Manager (Mark Thomas) $311-$452
Engineering/Design Manager (Mark Thomas) $282-$361
Funding Manager (Mark Thomas) $249-326
Sr. Project/Survey Manager (Mark Thomas) $217-$345
Division Manager (Mark Thomas) $244-$381
Project/Survey Manager (Mark Thomas) $182-$258
Sr. Project/Technical Engineer (Mark Thomas) $158-$216
98 Funding Specialist/Sr. Specialist (Mark Thomas)
Sr. Graphic Manager (Mark Thomas)
Project Engineer/Sr. Engineer (Mark Thomas)
Landscape Architect/Sr. Architect (Mark Thomas)
Funding Specialist/Sr. Specialist (Mark Thomas)
Survey/Lead/Sr. Technician (Mark Thomas)
Design Engineer I/II (Mark Thomas)
Project Accountant/Sr. Accountant (Mark Thomas)
Graphic Designer/Sr. Designer (Mark Thomas)
Sr. Planner 1/11 (Mark Thomas)
Landscape Designer 1/11 (Mark Thomas)
Project Coordinator/Sr. Coordinator (Mark Thomas)
Office/Survey Technician (Mark Thomas)
Planner I/II (Mark Thomas)
~ntern (Mark Thomas)
~-Person Field Crew* (Mark Thomas)
* Subject to prevailing wage laws & union contract
City of Los Banos Request for Proposal
Transportation Master Plan Update
$109-$226
$141-$207
$147-$216
$109-$213
$109-$226
$91-$200
$88-$177
$103-$177
$100-$187
$82-$165
$76-$142
$94-$168
$62-$129
$82-$132
$47-$103
$288-$407
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TO:

FROM:

DATE:

LC>sBanos
At the Cros · -oat ~ of 1lifon1ia
Agenda Staff Report
Mayor Llanez and Council Members
Stacy Souza Elms, Community and Economic Development Director~ March 15, 2023
TYPE OF REPORT: Public Hearing
SUBJECT: 2022 Housing Element Annual Progress Report
Recommendation:

That the City Council adopt a resolution approving the 2022 Annual Report on the status of the Housing Element of the General Plan and progress in its implementation.

Background:

The City Council adopted the City's 2014-2023 Housing Element on July 25, 2016, and received certification by the Department of Housing and Community Development (HCD) in September 2016. The Housing Element is one (1) of seven (7) mandated elements of the General Plan and includes information related to the City's existing housing needs, an analysis of the City's population and employment trends, household characteristics, and inventory of land suitable for residential development and goals, policies and programs intended to meet the identified housing needs and state-mandated requirements. In addition, the City is required to provide progress and status towards meeting the City's fair share of the Regional Housing Needs Allocation (RHNA).

Pursuant to California Government Code Section 65400(a)(2) each jurisdiction is required to prepare and submit an annual progress report on its General Plan Housing Element by April 1st of each year. The annual report is required to contain the following:
• Status of the City's General Plan Housing Element and progress in its implementation;
1 101
ITEM 7A
• Progress in meeting the City's regional housing need; and • Any actions taken by the City toward completion of Programs identified in the City's Housing Element.

This report is required to be reviewed and considered by the City's legislative body (City Council), and subsequently submitted to the California Office of Planning and Research (QPR), and the California Department of Housing and Community Development (HCD).

The annual report does not require approval by these State Agencies.

Discussion:

The 2022 Housing Element Annual Progress Report is attached to this Staff Report as Attachment 2. The purpose of the annual progress report is to:
1) Remain compliant with Government Code Section 65400(a)(2) and Housing Element Law;
2) To update City Council on housing development and implementation of the Housing Element;
3) Provide City's status towards meeting the City's RHNA; and 4) Ensure eligibility for State grant funding.

For the City to be eligible for State funding for a variety of Housing and Parks Grants, the State requires the City's Housing Element to follow State Housing Law (certified) and for the City to make Annual Progress Reports to the Office of Planning and Research and the Department of Housing and Community Development annually (by April 1st of each year).

Progress Towards Meeting RHNA
The RHNA process allocates the State's future housing needs to each County. The State HCD identifies housing needs for each region in response to projected population and household growth, and mandates that each Council of Governments (COG) distribute the RHNA to each jurisdiction (Cities and Counties).

Each income category is defined as a percentage of the Area Median Income (AMI), as established by HCD which is currently $80,300 for a four-person household. The income categories are then used to calculate housing affordability for rental and owner-occupied housing. Each income category is defined as follows:
• Extremely Low-Income Households have a combined income at a lower than 30 percent of AMI.
• Very Low-Income Households have a combined income between 30 and 50 percent of AMI.
• Low Income Households have a combined income between 50 and 80 percent of AMI
2 102
• Moderate Income Households have a combined income between 80 and 120 percent of AMI.
• Above Moderate-Income Households have a combined income greater than 120 percent of AMI.

As illustrated in the table below, the City has a shortfall of 1,314 in Low to Moderate Income categories for the 2014-2023 Housing Element Planning Period.

Total RHNA Total
Allocation Units to Remaining
Income Level by Income 2016 2017 2018 2019 2020 2021 2022 Date (all Level years)
Deed Restricted 41 -
Very Low Non-Deed Restricted 604 41
Deed Restricted 431 21 1 54 Low Non-Deed Restricted 1 10 15 6 Deed Restricted 396 18 Moderate Non-Deed Restricted 7 4 2 1 3 1 Above 1049 331 217 258 192 390 415 148 1951 Moderate
Total RHNA 2480
Total Units 400 217 263 194 402 433 155 2064
The proposed Annual Progress Report ensures that the City will remain up-to-date in regards to the requirements imposed for future grant opportunities.

Environmental Review:

The proposed Housing Element Annual Progress Report for Calendar Year 2022 is not considered a project as prescribed by the California Environmental Quality Act (CEQA).

This progress report does not authorize construction of any housing.

Reviewed by: ., ,,
!/!t~
Josh Pinheiro, City Manager

1. Resolution

2. City of Los Banos 2022 Housing Element Annual Progress Report

3. Public Hearing Notice - March 3, 2023
RHNAby
Income
Level
563 .. ~/
373
378
0 1314
I
/
103

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104
RESOLUTION NO. __

A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS ADOPTING THE 2022

ANNUAL REPORT ON THE STATUS OF THE

HOUSING ELEMENT OF THE GENERAL PLAN

AND PROGRESS IN ITS IMPLEMENTATION
WHEREAS, the City of Los Banos is required by Government Code Section 65400 to provide an Annual Progress Report on the General Plan for the preceding year; and WHEREAS, the Annual Progress Report must be provided to the City Council, the California Office of Planning and Research, and the California Department of Housing and Community Development; and
WHEREAS, the Annual Progress Report must include all of the following: a) the status of the Housing Element and progress in its implementation, b) the progress in meeting Los Banos' share of the regional housing needs and local efforts to remove governmental constraints to the maintenance, improvement, and development of housing, the degree which its approved General Plan complies with the guidelines adopted pursuant to Section 65040.2.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby adopt the 2022 Annual Housing Element Progress Report and authorizes staff to submit said report to the California Office of Planning and Research and California Department of Housing and Community Development.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 15th day of March 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:
1 105
Lucille L. Mallonee, City Clerk
2 106
Jurisdiction Los Banos
Reporting Year 2022 {Jan. 1 - Dec. 31)
Planning Period 5th Cycle 03/31/2016 - 03/31/2024
Building Permits Issued by Affordability Summary
Income Level Current Year
Very Low
Deed Restricted 0
Non-Deed Restricted 0
Low
Deed Restricted 0
Non-Deed Restricted 6
Moderate
Deed Restricted 0
Non-Deed Restricted 1
Above Moderate 148 I
Total Units 155
Note: Units serving extremely low-income households are included in the very low-income permitted units totals U I b S n ts ,y tructure T ype E n f Ite Id p erm tte d C ompleted SFA 0 0 0
SFD 0 149 264
2 to 4 0 0 0
5+ 16 0 0
ADU 0 6 13
MH 0 0 0
Total 16 155 277'
Housing APplications Summary
Total Housing Applications Submitted: 2
Number of Proposed Units in All Applications Received: 640 Total Housing Units Approved: 0
Total Housing Units Disapproved: 0
Use of SB 35 Streamlining Provisions
Number of Applications for Streamlining 0
Number of Streamlining Applications Approved 0
Total Developments Approved with Streamlining 0
Total Units Constructed with Streamlining 0
Units Constructed• SB 35 Streamlining Permits
Income Rental Ownership Total
Very Low 0 0 0
Low 0 0 0
Moderate 0 0 0
Above Moderate 0 0 0
Total 0 0 0
Cells in grey contain auto-calculation formulas
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108
LclsBanos
t t e Cro q·oads OJ Califo, 1 ·c

COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT
Date: March 3, 2023
Regarding: Notice of Public Hearing
Proposal: City of Los Banos General Plan Housing Element Progress Report 2022 NOTICE IS HEREBY GIVEN THAT a Public Hearing will be held by the Los Banos City Council to consider the City of Los Banos General Plan Housing Element Annual Progress Report for calendar year 2022 and to consider an exemption from the requirements of the California Environmental Quality Act (CEQA) pursuant Section 15061 (b )(3) of the CEQA Guidelines as the Annual Report has no significant effect on the environment.

A PUBLIC HEARING on this matter will be held at the next scheduled meeting of the Los Banos City Council on Wednesday, March 15, 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 and Economic Development Director, at City Hall or at (209) 827-2433.

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

Additional information may be obtained from the Community & Economic Development Department at 520 J Street, Los Banos, California. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Office of the City Clerk at (209) 827-7000. Notification at least 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
Stacy Souza Elms
Community & Economic Development Director
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110
TO:

FROM:

LosBanos
Agenda Staff Report
Mayor Llanaz & Council Members
Brent Kuhn, Interim Finance Director
DATE: March 15, 2023
SUBJECT: Mid-Year Budget Review and Approval of a Resolution to Adjust the 2022/2023 Budget
TYPE OF REPORT: Non Consent Agenda
Recommendation:

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

Background:

The primary purpose of the Mid-Year Budget is to review assumptions used in developing the fiscal year budget, particularly revenue assumptions. This review allows Staff the opportunity to determine if the City is on track or if adjustments are needed and provides an opportunity for staff to update the City council on the major financial factors affecting the City's current fiscal year budget and make recommendations for amending the budget.

Discussion:

The Mid-Year report is developed using six months of actual (unaudited) activity in budgeted operating departments with Finance and Departmental projections of anticipated spending and revenue trends for the remainder of the fiscal year. Staff projections include using statistical data, economic analysis, professional judgement and expertise from economic consultants, professional organizations and other resources. The findings and adjustments will be discussed during the Council Meeting Presentation.

General Fund
Staff analyzed the current Fiscal Year through January 31, 2023 with the exclusion of two (2) month of Sales Tax Remittances (due to the timing of the State's collection and remitting process). With fiftyeight percent (58.3%) of the year completed, General Fund revenues collected are sixty-three percent (63.5%) of the budgeted amount. General Fund expenditures are sixty percent (60%) of the budgeted amount.
111
ITEM 8A
General Fund Revenues are projected to end the fiscal year $750,000 over the current budget. The primary driver of the increase in revenues is a continued growth in both sales tax and property tax revenue projections. Given the complexities of the current macroeconomic environment, projecting for revenues outside of general tax revenue is not an exact science.

The projections for revenues are based on the most recent economic information available to the City and actual revenue distributions known at the time of the preparation of this report. This FY 2022/2023 Adopted Budget General Fund revenues were developed by incorporating the assumption of continued fiscal recovery from the COVID-19 pandemic. However, the most recent activity demonstrates continued economic recovery and increased general tax revenue growth. However, the City still needs to exercise caution regarding this recovery due to recessionary indications plaguing the overall economy.

The Mid-Year budget report continues to project positive growth with improvements in property tax, sales tax and transient occupancy tax revenues.

Staff is requesting to increase General Fund expenditures by a total of $723,667 and a one-time transfer out in the amount of $525,000. Staff is also requesting to increase Special Revenue Fund expenditures by a total of $271,434, Capital Project Fund expenditures by a total of $165,000, Enterprise Fund expenditures by a total of $409,621 and Internal Service Fund expenditures by a total of $111,210. The detail of the expenditures and transfers of the requested mid-year changes to the City-wide budget are outlined in Exhibit A.

The City's overall financial position at Mid-Year will be further discussed during the March15 MidYear Budget Review, including additional changes to the budget not highlighted in this report.

Fiscal Impact:

Attached to the resolution is a schedule showing a detailed account of the requested changes to the Budget for the 2022/2023 Fiscal Year.

Reviewed by: /1
i
~ l,t, ./ Y-Jl ' I 1/di1 ,~t ~1-tr
Josh Pinhe&, City Manger
Attachments:

Resolution
Exhibit A- Mid-year Budget Adjustments
112
RESOLUTION NO. __

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

EXPENDITURES AND REVENUES
WHEREAS, the City Council of the City of Los Banos has been presented an amendment to the 2022/2023 Fiscal Year budget; and
WHEREAS, the City Council of the City of Los Banos may adjust the overall appropriation levels in each fund at any time during the 2022/2023 Fiscal Year by action to amend the budget; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos hereby amends the 2022/2023 Fiscal Year Budget shown in "Exhibit A".

The foregoing resolution was introduced at a regular meeting of the Los Banos City Council held on the 15th day of March, by Council Member _ __ who moved for its adoption, which motion was duly seconded by Council Member _ _____ , and the Resolution was adopted by the following vote:

AYES:

NOES:

ABSENT:

APPROVED:

ATTEST:
113

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114
Fund Account#

REVENUES
100 1 00-000-347-011
100 100-000-365-011
206 206-000-334-010
220 220-000-335-010
601 601-000-341-060
281 281-000-499-000

EXPENDITURES
100 100-421-160-101
100 100-422-290-101
100 100-410-100-231
100 100-410-100-231
100 100-410-100-237
100 100-410-100-239
100 100-410-100-250
100 100-410-100-260
100 100-419-100-101
100 100-419-100-120
100 1 00-421-140-250
100 100-421-140-270
100 100-421-140-752
100 100-421-290-103
100 100-422-100-250
100 1 00-422-290-103
100 100-422-290-121
100 100-424-100-121
100 100-426-1 00-231
100 100-429-100-750
100 100-431-210-250
City of Los Banos Exhibit A
Mid Year Budget Adjustments
FY 2022-2023
Account Description Adjustment Reason for Adjustment
Recreation Program Revenue $ 40,000 Increase in Recreation program activity Donations 5,500.00 National Night Out & Shop with a Cop ARPA Funding (4 908 342 _00) Rev_enue recognized in FY 21-22 per ' ' auditors
Local Transportation Funs (97,307.00) Not receiving this fiscal year per MCAG Fleet Maintenance Service Charge 110,000.00 Increase in fuel costs Transfer In 525,000_00 !r~_n;fer in from GF for AD #11 beginning e ICI
Salaries $ 4,000 Approved salary increases on 11-16-22 by council
Salaries 5,200.00 Approved salary increases on 11-16-22 by council
Professional Services 6,250.00 City Manager Recruitment Contract Professional Services 31,000.00 Interim Finance Director services Recruitment 5,125.00 Finance Director Recruitment/ City Manager Moving expense
Elections 2,525.00 Election for Nov 8, 2022 came in at a much higher cost
Insurance 1,740.00 Insurance premium actuals greater than estimates.

Office Supplies 800.00 New computer for Mayors Office
Salaries 5,000.00 CEDD Director retro pay
Benefits 2,800.00 PR Taxes and PERS on CEDD Director
retro pay
Insurance 12,000.00 Insurance premium actuals greater than estimates.

Special Programs 5,500.00 National Night out expenditures & Shop with a Cop
Communication Equipment 6,178.00 Annex WIFI - Should have been included in the budget for FY 22-23
Overtime 40,000.00 Staffing vacancies
Insurance 5,520.00 Insurance premium actuals greater than estimates.

Overtime 37,500.00 Staffing vacancies
PERS 1,100.00 Approved salary increases on 11-16-22 by
council
PERS 1,600.00 Approved salary increases on 11-16-22 by
council
Professional Services 75,000.00 Increased engineering activity Vehicles 34,283.32 Animal control truck. Order was cancelled in 20-21 and reinstated in 21-22
Insurance 2,270.00 Insurance premium actuals greater than estimates.
115
City of Los Banos Exhibit A
Mid Year Budget Adjustments
FY 2022-2023
Fund Account# Account Descrietion Adlustment Reason for Adjustment 100 100-431-210-265 Fuel & Oil 24,200.00 Increase in fuel costs 100 100-431-210-825 Charge Out (24,200.00) Increase in fuel costs 100 1 00-451-240-232 Credit card fees 800.00 Increased credit card activity 100 100-451-240-238 Technical Services 800.00 Increased Recreation activity 100 100-451-240-250 Insurance 6,300.00 Insurance premium actuals greater than estimates.
100 100-451-240-264 Electricity & Gas 8,000.00 Increased eneregy costs 100 100-451-240-720 Buildings & Structures 14,000.00 Replace AC unit at Ranchwood Building 100 100-451-290-103 Overtime 1,400.00 Increase Recreation activities 100 1 00-451-290-120 Benefits 5,140.00 OPEB amount not budgeted 100 100-452-100-825 Charge Out (5 200_00) Adjust~ent for final labor budget numbers ' for Maintenance.
100 100-452-100-250 Insurance 2,995.00 Insurance premium actuals greater than estimates.
100 100-452-100-252 Communications 1,259.00 F Street WIFI - Should have been included in the budget for FY 22-23
100 100-452-100-264 Electricity & Gas 22,000.00 Increased eneregy costs 100 100-452-100-265 Fuel & Oil 4,400.00 Increase in fuel costs 100 1 00-498-000-000 Transfer Out (525,000.00) Transfer out to AD #11 for beginning deficit 206 206-410-100-101 Essential Wokers Pay 350,100.00 Approved stimulus payments to employees by council on 11-16-22
206 206-41 0-100-120 Benefits 26,282.00 Approved stimulus payments to employees by council on 11-16-22
207 207-430-210-820 Charge In 24,200.00 Increase in Street expenditues charged out to RSTP
233 2 33-430-190-716 Street & Road Construction 50,000.00 RFP & Consultant contract for traffic signal design Vineyard and 165
236 236-421-100-101 Salaries 2,500.00 Approved salary increases on 11-16-22 by council
236 236-421-100-103 Overtime 27,500.00 Staffing vacancies 237 237-421-170-101 Salaries 6,700.00 Approved salary increases on 11-16-22 by council
237 237-421-170-103 Overtime 20,500.00 Staffing vacancies 237 237-421-170-121 PERS 50.00 Approved salary increases on 11-16-22 by council
238 238-422-100-103 Overtime 43,000.00 Staffing vacancies 271 271-458-200-265 Fuel &Oil 1,535.00 Increase in fuel costs 271 271-458-200-820 Charge In 1,144.00 Adjustment for final labor budget numbers for Maintenance.
272 272-458-200-265 Fuel & Oil 385.00 Increase in fuel costs 272 272-458-200-820 Charge In 208.00 Adjustment for final labor budget numbers for Maintenance.
273 273-458-200-264 Electricity & Gas 1,000.00 Meet Anticipated Utility Bills 273 273-458-200-265 Fuel & Oil 673.00 Increase in fuel costs 273 273-458-200-820 Charge In 208.00 Adjustment for final labor budget numbers for Maintenance.
274 27 4-458-200-265 Fuel & Oil 481 .00 Increase in fuel costs 116
City of Los Banos Exhibit A
Mid Year Budget Adjustments
FY 2022-2023
Fund Account# Account Descrietion Adjustment Reason for Adjustment 274 27 4-458-200-820 Charge In 312.00 Adjustment for final labor budget numbers for Maintenance.
275 - 275-458-200-265 Fuel & Oil 288.00 Increase in fuel costs 275 275-458-200-820 Charge In 104.00 Adjustment for final labor budget numbers for Maintenance.
276 276-458-200-265 Fuel & Oil 288.00 Increase in fuel costs 276 276-458-200-820 Charge In 104.00 Adjustment for final labor budget numbers for Maintenance.
277 277-458-200-265 Fuel & Oil 288.00 Increase in fuel costs 277 277-458-200-820 Charge In 26.00 Adjustment for final labor budget numbers for Maintenance.
279 279-458-200-265 Fuel & Oil 385.00 Increase in fuel costs 279 279-458-200-820 Charge In 416.00 Adjustment for final labor budget numbers for Maintenance.
280 280-458-200-265 Fuel & Oil 288.00 Increase in fuel costs 280 280-458-200-820 Charge In 104.00 Adjustment for final labor budget numbers for Maintenance.
281 281-458-200-265 Fuel & Oil 1,154.00 Increase in fuel costs 281 281-458-200-820 Charge In 286.00 Adjustment for final labor budget numbers for Maintenance.
282 282-458-200-265 Fuel & Oil 385.00 Increase in fuel costs 282 282-458-200-820 Charge In 260.00 Adjustment for final labor budget numbers for Maintenance.
283 283-458-200-265 Fuel & Oil 288.00 Increase in fuel costs 283 283-458-200-820 Charge In 78.00 Adjustment for final labor budget numbers for Maintenance.
284 284-458-200-265 Fuel & Oil 962.00 Increase in fuel costs 284 284-458-200-820 Charge In 884.00 Adjustment for final labor budget numbers for Maintenance.
285 285-458-200-265 Fuel & Oil 288.00 Increase in fuel costs 286 286-458-200-265 Fuel & Oil 288.00 Increase in fuel costs 286 286-458-200-820 Charge In 26.00 Adjustment for final labor budget numbers for Maintenance.
287 287-458-200-264 Electricity & Gas 2,000.00 Meet Anticipated Utility Bills 287 287-458-200-265 Fuel & Oil 577.00 Increase in fuel costs 287 287-458-200-820 Charge In 884.00 Adjustment for final labor budget numbers for Maintenance.
288 288-458-200-265 Fuel & Oil 577.00 Increase in fuel costs 288 288-458-200-820 Charge In 104.00 Adjustment for final labor budget numbers for Maintenance.
289 289-458-200-265 Fuel & Oil 481 .00 Increase in fuel costs 289 289-458-200-820 Charge In 52.00 Adjustment for final labor budget numbers for Maintenance.
290 290-421-100-231 Professional Services 173.00 Goodwin consulting service invoice higher than budgeted
291 291-422-100-103 Overtime 79,000.00 Staffing vacancies 306 306-430-100-720 Buildings & Structures 165,000.00 F Street yard gate replacement & enclosed parking lot next to new PD station
117
City of Los Banos Exhibit A
Mid Year Budget Adjustments
FY 2022-2023
Fund Account# Account Description Adjustment Reason for Adjustment 501 501-410-100-231 Professional Services 6,250.00 City Manager Recruitment Contract - see if increase is needed $25,000 split 4 ways
501 501-410-100-231 Professional Services 31,000.00 Interim Finance Director services 501 501-410-100-237 Recruitment 4,125.00 Finance Director Recruitment/ City Manager Moving expense
501 501-461-100-231 Professional Services 358,000.00 Additional funds needed for design and well testing for Well 16.
501 501-461-100-231 Professional Services 50,000.00 Water master plan update 501 501-461-100-710 Land (358 000 OO) Land purchase not expected until next FY. ' · Using for Well 16 design & testing
501 501-410-100-239 Elections 2,525.00 Election for Nov 8, 2022 came in at a much higher cost
501 501-41 0-100-260 Office Supplies 800.00 New computer for Mayors Office 501 501-410-100-265 Fuel &Oil 286.00 Increase in fuel costs 501 501-461-100-250 Insurance 9,800.00 Insurance premium actuals greater than estimates.
501 501-461-100-265 Fuel & Oil 16,115.00 Increase in fuel costs 502 502-410-100-231 Professional Services 6,250.00 City Manager Recruitment Contract - see if increase is needed $25,000 split 4 ways
502 502-410-100-231 Professional Services 31,000.00 Interim Finance Director services 502 502-410-100-237 Recruitment 4,125.00 Finance Director Recruitment/ City Manager Moving expense
502 502-41 0-100-239 Elections 2,525.00 Election for Nov 8, 2022 came in at a much higher cost
502 502-410-100-260 Office Supplies 800.00 New computer for Mayors Office 502 502-410-100-265 Fuel & Oil 286.00 Increase in fuel costs 502 502-432-100-250 Insurance 385.00 Insurance premium actuals greater than estimates.
502 502-432-1 00-265 Fuel & Oil 8,360.00 Increase in fuel costs 502 502-432-100-273 Special Department Expenses 1,000.00 MS4 requirements & F.O.G. inserts 502 502-432-100-733 Lift Station Overhaul 80,000.00 Design for sewer left station rehabilitation 502 502-432-100-739 Water Master Plan Improvements 10,000.00 Provost & Pritchard construction support task order
502 502-433-100-231 Professional Services 25,000.00 Wastewater master plan update 502 502-433-100-250 Insurance 3,180.00 Insurance premium actuals greater than estimates.
502 502-433-100-265 Fuel & Oil 8,030.00 Increase in fuel costs 505 505-435-1 00-102 Part Time 3,000.00 Approved salary increases on 11-16-22 by council
505 505-435-1 00-12 0 Benefits 230.00 Approved salary increases on 11-16-22 by council
505 505-435-100-250 Insurance 3,520.00 Insurance premium actuals greater than estimates.
505 505-435-100-252 Communications 2,500.00 Radio for field communication with Air Traffic
510 510-410-100-231 Professional Services 6,250.00 City Manager Recruitment Contract - see if increase is needed $25,000 split 4 ways
510 510-410-100-231 Professional Services 31,000.00 Interim Finance Director services 118
City of Los Banos Exhibit A
Mid Year Budget Adjustments
FY 2022-2023
Fund Account# Account Description Adjustment Reason for Adjustment 510 510-410-100-237 Recruitment 4,125.00 Finance Director RecruitmenV City Manager Moving expense
510 510-410-100-239 Elections 2,525.00 Election for Nov 8, 2022 came in at a much higher cost
510 510-410-100-260 Office Supplies 800.00 New computer for Mayors Office 510 510-410-100-265 Fuel &Oil 286.00 Increase in fuel costs 510 510-490-100-121 PERS 4,300.00 Approved salary increases on 11-16-22 by council
510 510-490-100-250 Insurance 760.00 Insurance premium actuals greater than estimates.
510 51 0-490-100-265 Fuel & Oil 19,613.00 Increase in fuel costs 510 510-490-170-102 Part Time 2,100.00 Approved salary increases on 11-16-22 by council
510 510-490-170-120 Benefits 161.00 Approved salary increases on 11-16-22 by council
510 510-490-210-204 Fleet Services 6,000.00 Budget key in error 510 510-490-210-250 Insurance 650.00 Insurance premium actuals greater than estimates.
510 510-490-21 0-252 Communications 1,259.00 F Street WIFI - Should have been included in the budget for FY 22-23
510 510-490-210-265 Fuel & Oil 18,700.00 Increase in fuel costs 601 601-480-210-121 PERS 1,100.00 Approved salary increases on 11-16-22 by council
601 601-480-210-265 Fuel &Oil 110,000.00 Increase in fuel costs 610 610-410-100-265 Fuel & Oil 110.00 Increase in fuel costs 119

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120
LOsBanos
\c tl1c Cross,oads of Calfforn:,1

COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT
Date: March 10, 2023
Regarding: Notice of Public Hearing
Proposal: Conditional Use Permit #2023-03 - Variation of Sign Standards NOTICE IS HEREBY GIVEN THAT a Public Hearing will be held by the Los Banos Planning Commission to consider a Categorical Exemption from the California Environmental Quality Act (CEQA) and a Conditional Use Permit to allow the variation of the Highway Commercial Sign Standards for DD's Discount.

The subject property is located in the Highway Commercial Zoning District at 1333 W. Pacheco Blvd., more specifically identified as Assessor's Parcel Number: 026-280-016.

A PUBLIC HEARING on this matter will be held at the next scheduled meeting of the Los Banos Planning Commission on Wednesday, March 22, 2023 at 6:00 p.m. in the Council Chambers of Los Banos City Hall, located at 520 "J" Street, Los Banos, California. Questions regarding the above-referenced item may be directed to Rudy Luquin, Associate Planner, at City Hall or at (209) 827-2432.

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

THE CITY OF LOS BANOS
Rudy Luquin
Associate Planner
ITEM 9
121

Los Banos City CouncilMarch 15, 2023

Los Banos City Council
March 15, 2023