Los Banos City Council
September 6, 2023

tOs Banos
A ros.sroa __ J • .1lif on11a
www.losbanos.org
AGENDA

CITY COUNCIL MEETING

CITY HALL COUNCIL CHAMBERS
520 J Street
Los Banos, California
SEPTEMBER 6, 2023 - 6:00 PM
Live stream on YouTube at:
!" ................................................................... https://www.youtube.com/@losbanos406 .................................................................... .

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

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

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

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.
* * * * * * * ** * * * * * * *
Cua/quier escritura o los documentos proporcionaron a una mayoria de/ Ayuntamiento respecto a cualquier articulo en este orden def dia sera hecho disponible para la inspecci6n publica en la reunion yen la oficina de la Secretaria de la ciudad en City Hall, 520 J Street, Los Banos,
California durante horas de oficina norma/es. Ademas, tales escrituras y los documentos pueden ser anunciados en el website de la ciudad en www.losbanos.org . ........................................................................................................................................................................................................................................................................................ ...

Please note: The Brown Act provides the public with an opportunity to make public comment at any public meeting. As an alternative for in-person comments, written public comment may be made by e-mail to [email protected] or delivered to the City Clerk at City Hall, 520 J Street three (3) hours prior to the scheduled time of the meeting. Comments received will not be read aloud at the meeting, but shall be distributed to the City Council via e-mail and added to the agenda packet on the City's website for public review. Agenda packets can be found on the City's website at the following lin~: https://losbanos.org/category/city-council/ Los Banos City Council Agenda - September 6, 2023 Page 1 of5 1 1. CALL TO ORDER - September 6, 2023 6:00 PM

2. PLEDGE OF ALLEGIANCE.

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

4. CONSIDERATION OF APPROVAL OF AGENDA.

Recommendation: Adopt the agenda as submitted.

5. PRESENTATIONS.

A. Certificate of Recognition - Employee of the Month for July 2023 - Jesus Parras, Police Sergeant.

B. Certificate of Recognition - Employee of the Month for August 2023 - Jennifer Loa, Homeless Outreach Coordinator.

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

7. CONSIDERATION OF APPROVAL OF CONSENT AGENDA. (Items on the Consent Agenda are considered to be routine and will be voted on in one motion unless removed from the Consent Agenda by a City Council Member.) A. Check Register for #240153 - #240809 in the Amount of $7,561,809.58.

Recommendation: Approve the check register as submitted.

B. Minutes for the July 19, 2023 City Council Meeting.

Recommendation: Approve the minutes as submitted.

C. Minutes for the August 2, 2023 City Council Meeting.

Recommendation: Approve the minutes as submitted.

D. Measure H Committee Financial Update.

Recommendation: Accept the report as submitted.

Los Banos City Council Agenda - September 6, 2023 Page 2 of5 2 E. City Council Resolution No. 6678 -Approving an Amendment to Division 1 - General of the City's Policy & Procedures Manual to Add Language Regarding At-Will Employees as it Pertains to Middle Manager Positions.

Recommendation: Adopt the resolution as submitted.

F. City Council Resolution No. 6679 - Approving and Authorizing the City Manager to Execute a License Agreement Between the City of Los Banos and the Central California Irrigation District Regarding the Cresthills Sanitary Sewer Line.

Recommendation: Adopt the resolution as submitted.

G. City Council Resolution No. 6680 - Authorizing the City Manager to Execute an Out of Boundary Service Agreement with Hostetler Ranches, LLC Located at 15054 Badger Flat Road, Upon Local Agency Formation Commission Approval.

Recommendation: Adopt the resolution as submitted.

H. City Council Resolution No. 6681 - Authorizing the City Manager to Issue Purchase Orders for Equipment and Vehicles Through the Cooperative Procurement Contract with Sourcewell for the Public Works Department.

Recommendation: Adopt the resolution as submitted.

I. City Council Resolution No. 6682 - Declaring Its Intent to No Longer Pursue the Pacheco Boulevard (SR 152) Regional Path Project.

Recommendation: Adopt the resolution as submitted.

J. City Council Resolution No. 6683 -Authorizing the Public Works Director/City Engineer to Execute Change Order No. 5 to the Contract with Pro Group Painting for Exterior Painting of the Los Banos Community Center and Amend the Fiscal Year 2023-2024 Budget by Increasing the Appropriation Amount in the Recreation Account 100-451-240-205 in the Amount of $74,000.

Recommendation: Adopt the resolution as submitted.

K. City Council Resolution No. 6684 - Authorizing the Public Works Director/City Engineer to Execute Change Order No. 2 to the Contract with United Pavement Maintenance, Inc. for the Rehabilitation of Birch Avenue and G Street in the Amount of $885,760.56.

Recommendation: Adopt the resolution as submitted.

L. City Council Resolution No. 6685 - Authorizing the Public Works Director/City Engineer to Sign Program Supplement Agreement No. 10-5160F15 and Related Documents for the CMAQ Grant CML-516(031) for Preliminary Engineering and Right-of-Way Phase with CalTrans for the Pioneer Road and Ortigalita Intersection Project.

Recommendation: Adopt the resolution as submitted.

Los Banos City Council Agenda - September 6, 2023 Page 3of5 3 M. City Council Resolution No. 6686 - Approving and Adopting Final Tract Map No. 2021-01 Quail Meadows Villages at Stonecreek V Large Lot Generally Located within the Area Bounded by Highway 152 to the North, Future Pioneer Road to the West, Prairie Springs Drive to the East, and Cardoza Road to the South (Lodi Development, Inc.).

Recommendation: Adopt the resolution as submitted.

N. City Council Resolution No. 6687 - Approving and Authorizing the City Manager to Execute a License Agreement Between the City of Los Banos and the Bad Boys for Life, LLC, OBA: Jams209 for the Property Located at 516, 518 and 520 I Street.

Recommendation: Adopt the resolution as submitted.

0. City Council Resolution No. 6688 - Authorizing Award of Construction Contract to Redstone Construction, Inc. in the Amount of $1,145,345 with a 10% Contingency in the Amount of $114,535 for the Construction of the Eastern Application Field Irrigation Piping Replacement Project and Adopting a Revised Budget for the Fiscal Year 2023-24 as it Pertains to the Waste Water Treatment Fund.

Recommendation: Adopt the resolution as submitted.

8. APPOINTMENT OF MEMBERS TO THE IMPROVEMENT STANDARDS AND

SPECIFICATIONS TECHNICAL ADVISORY COMMITTEE & COMMUNITY DESIGN STANDARDS TECHNICAL ADVISORY COMMITTEE.

Recommendation: Receive staff report and appoint members to each Committee.

9. APPOINTMENT OF COMMISSIONER TO TREE COMMISSION: One (1) Two (2) Year Term - Expiring December 31, 2024.

Recommendation: Appoint commissioner to fill the vacancy.

10. DESIGNATION OF VOTING DELEGATE AND ALTERNATE(S) FOR THE 2023

LEAGUE OF CALIFORNIA CITIES (LCC) ANNUAL CONFERENCE & EXPO BEING HELD SEPTEMBER 20-22, 2023 IN SACRAMENTO, CALIFORNIA.

Recommendation: Designate a voting delegate and alternate voting delegate(s).

11. CANCELLATION OF THE REGULAR CITY COUNCIL MEETING SCHEDULED FOR WEDNESDAY, SEPTEMBER 20, 2023 DUE TO COUNCIL MEMBERS

ATTENDING THE LEAGUE OF CALIFORNIA CITIES CONFERENCE IN SACRAMENTO, CALIFORNIA, SEPTEMBER 20-22, 2023.

Recommendation: Cancel the meeting as stated.

12. ADVISEMENT OF PUBLIC NOTICES. (4 Reports)
Recommendation: Informational item only, no action to be taken.

Los Banos City Council Agenda - September 6, 2023 Page 4 of5 4 13. CITY MANAGER REPORT.

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

14. REPORT/UPDATE ON MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG), PENINSULA CLEAN ENERGY (PCE), 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.

15. CITY COUNCIL MEMBER REPORTS.

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

16. 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. ~~i'.~
Lucille L. Mallonee City Clerk Dated this 1st day of September 2023 Los Banos City Council Agenda - September 6, 2023 Page 5of5 5 THIS PAGE IS INTENTIONALLY LEFT BLANK
6 CERTIFICATE OF RECOGNITION
Presented 'To

JESUS PARRAS
Police Sergeant
In recognition of your outstanding performance
and dedicated service to the City of Los (}3anos and
for 6eing named "P,mpfoyee of the ::M.onth "for Ju{y 2023. <Pau{ Lfanez, :Mayor
(J)atea: Septem6er 6, 2023
LOsBanos I
7 CERTIFICATE OF RECOGNITION
<Presented 'To

JENNIFER LOA
Homeless Outreach Coordinator
In recognition of your outstanding peiformance
and dedicated service to the City of Los (}3anos and
for 6eing named"P,mp{oyee of the ::Montfi"for ;f.ugust 2023. <Pau{ £{anez, :M.ayor
©atea: Septem6er 6, 2023
LOsBanos
8 CK# 240153 - # 240809
Check Report
Check by Date
Check Number Payment Date Vendor Name
240153 07/27/2023 City of Dos Palos
240154 07/28/2023 Alhambra
240155 07/28/2023 AAA Business Supplies
240156 07/28/2023 Alfredo Alvarez
240157 07/28/2023 Anderson Pump Company Inc
240158 07/28/2023 Anthony Gomes
240159 07/28/2023 Aramark Uniform Ser Inc
240160 07/28/2023 Ascent Aviation Group, Inc.
240161 07/28/2023 Daniel Amabile
240162 07/28/2023 AT&T
240163 07/28/2023 Tim Baptista Jr.
240164 07/28/2023 Battery Systems, Inc.
240165 07/28/2023 Boot Barn
240166 07/28/2023 Bruce's Tire Inc
240167 07/28/2023 BSK Associates
240168 07/28/2023 Bibiana Martinez
240169 07/28/2023 CENCAL Machine & Fabrication Inc.
240170 07/28/2023 Chester D. Hogue
240171 07/28/2023 Cintas Corporation No.2
240172 07/28/2023 Central Sanitary Supply, LLC
240173 07/28/2023 Clark Pest Control Inc
240174 07/28/2023 Coffee Break Service Inc.
240175 07/28/2023 Comcast
240176 07/28/2023 CPS
240177 07/28/2023 CSG Consultants Inc.
240178 07/28/2023 David Cummins
240179 07/28/2023 Customlnk Parent, LLC
240180 07/28/2023 Custom Locksmith & Alarm Inc.
240181 07/28/2023 D & D Pest Control
240182 07/28/2023 Delta Wireless, Inc.
240183 07/28/2023 Danielle Lopez
240184 07/28/2023 Federal Express Corporation
240185 07/28/2023 Efren Fernandez
240186 07/28/2023 Ferrellgas, Inc.
240187 07/28/2023 Fresno City College
240188 07/28/2023 GoTo Communications, Inc.
240189 07/28/2023 Gouveia Engineering Inc.
240190 07/28/2023 Granite Construction Inc
240191 07/28/2023 Hach Company
240192 07/28/2023 Henley Pacific, LLC
240193 07/28/2023 Holt of California
240194 07/28/2023 Home Depot
240196 07/28/2023 Index Products Inc.
240197 07/28/2023 Krazan & Associates
240198 07/28/2023 LC Action Police Supply, LTD
240199 07/28/2023 Liebert Cassidy Whitmore
240200 07/28/2023 Long Island Production Inc.
240201 07/28/2023 Lucas Business Systems
240202 07/28/2023 Lidubina Moreno
240203 07/28/2023 Marfabinc
240204 07/28/2023 Matson Alarm Co lnc
240205 07/28/2023 Merced Chevrolet Inc.
240206 07/28/2023 Merced County LAFCo
240207 07/28/2023 Merced Truck & Trailer Inc
240208 07/28/2023 Mid-Valley Disposal LLC
240209 07/28/2023 Modesto Janitorial Supply Center, Inc. 09/06/2023 $7,561,809.58
LOsBanos
Payment Type Void
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular Void
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular.

Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Payment Amount
160.00

58.43 3,234.13
1,618.06
25,666.90
7,122.77
107.63
34,086.16
258.00
573.93
150.00
701.66
156.59
1,848.82
2,312.00
600.00
180.41
10,000.00
962.09
2,328.45
108.00
116.50
337.22
467.00
13,713.75
125.00
4,358.03
2,073.58
183.00
710.50
350.00

6.82 60.00
174.58
1,866.00
2,969.10
29,459.08
3,786.71
383.89
578.90
210.96
9,516.76
397.00
4,506.25
933.08
5,064.66
5,597.25

70.81 350.00
1,168.30
195.00
1,808.85
8,151.08
240.05
264,907.65
205.83
9 240210 07/28/2023 Napa Auto Parts of Los Banos Regular 25.45 240211 07/28/2023 Gerald "Obie" O'Brien Regular 77.14
240212 07/28/2023 OSE Regular 159.75
240213 07/28/2023 O'Reilly Auto Parts Regular 4,694.58
240214 07/28/2023 PG&E Company Regular 20.83
240215 07/28/2023 Anthony M. Parolise Regular 11,500
.00
240216 07/28/2023 Provost and Pritchard Engineering, Inc. Regular 49,326.66 240217 07/28/2023 Purchase Power Inc Regular 3,045.00
240218 07/28/2023 Protech Security & Electronics, Inc. Regular 180.00 240219 07/28/2023 Quad Knopf, Inc. Regular 836.00
240220 07/28/2023 Razzari Ford Regular 568.92
240221 07/28
/2023 Sample Traps LLC Regular 575.00
240222 07/28/2023 Save Mart Supermarkets Regular 125.34 240223 07/28/2023 Strike Fitness, LLC. Regular 25,000.00 240224 07/28/2023 Stantec Consulting Services, Inc. Regular 14,456.00 240225 07/28/2023 Superior Pool Products, LLC Regular 12,302.90 240226 07/28/2023 Telstar Instruments Regular 2,408.43
240227 07/28/2023 Thirkettle Corporation Regular 99,660.71 240228 07/28/2023 Tractor Supply Credit Plan Regular 108.23 240229 07/28/2023 Triangle Rock Products Regular 9,504.00 240230 07/28/2023 Vanir Construction Management, Inc. Regular 1,697.50 240231 07/28/2023 Law Offices of William A Vaughn Regular 12,600.00 240232 07/28/2023 Verizon Wireless Regular 103.68
240233 07
/28/2023 Windecker Inc Regular 13,091.16
240234 07/28/2023 Young's Air Conditioning Regular 279.00 240235 07/28/2023 Zim Industries, Inc. Regular 1,000.00 240236 7/28/2023 Raul Adams Regular 67.29
240237 7/28/2023 Alta Real Estate Services, Inc. Regular 180.38 240238 7/28/2023 Kyle Badillo Regular 20
.55
240239 7/28/2023 BellaMia Real Estate Regular 75.70
240240 7/28/2023 Oscar Borda Regular 147.66
240241
7/28/2023 Breckenridge Property Fund 2016 LLC Regular 41.31 240242 7/28/2023 Century Communities Regular 178.65
240243 7/28/2023 Victorina Chavez Navarro Regular 36.45 240244 7/28/2023 Christopher Colbert Regular 10.29
240245 7/28/2023 Misty Cortez Regular 108.42
240246 7/28/2023 Caesar Cuevas Regular 101.87
240247 7/28/2023 Hazel Edwards Regular 157.49
240248 7/28/2023 Bessy Escobar Regular 118.22
240249 7/28/2023 Claudia Facundo Regular 62.62
240250 7/28/2023 Yasmin Gaeta Regular 15.12
240251 7/28/2023 Boris Galitsky Regular 21.41
240252 7/28/2023 Jess Hernandez Regular 78.98
240253 7/28/2023 Meritage Homes Regular 23.72
240254 7/28/2023 Meritage Homes Regular 23.72
240255 7/28/2023 Meritage Homes Regular 47.44
240256 7/28/2023 MHP Builders Inc Regular 187.35
240257 7/28/2023 Melesio Moreno Jr. Regular 98.13
240258 7/28/2023 Leslie Morra Regular 98.13
240259 7/28/20'}.3 Austin Paddock Regular 79.52
240260 7/28/2023 James & Linda Paradiso Regular 114.95
240261 7/28/2023 Anton Putra Regular 200
.00
240262
7/28/2023 Martha Quezada Regular 52.80
240263 7/28/2023 Jessica Raub Regular 200.00
240264 7/28/2023 RBG Construction Regular 23.72
240265 7/28/2023 Amparo Reyes Tapia Regular 31.32
240266 7/28/2023 Roy San Miguel Regular 62.62
240267 7/28/2023 Samantha Schulke Regular 200.00
240268 7/28/2023 Dayle Thompson Regular 89.25
240269 7/28/2023 Thuy Tran Regular 124.31
240270 7/28/2023 Mark and Janelle Vierra Regular 144.39 240271 7/28/2023 Maria Villalobos Regular 65.35
240272 7/28/2023 Heather York Regular 27.45
240274 07/31/2023 Samuel Morales Regular 2,652.00
240275 08/01/2023 Beam Insurance Administrators LLC Regular 41,027.34 240285 08/04/2023 Aflac-Customer Service Regular 270.18 240286 08
/04/2023 AFSCME District Council 57 Regular 1,781.51
10 240287 08/04/2023 Empower Annuity Ins. Co of America Regular 1,990.00 240288 08/04/2023 Empower Annuity Ins. Co of America Regular 1,247 .04
240289 08/04/2023 Los Banos Police Assn Regular 1,085.00 240290 08/04/2023 Los Banos Police Assn. Regular 280.00 240291 08/04/2023 Merced County Sheriff Regular 200.00
240292 08/04/2023 MissionSquare Regular 441.65
240293 08/04/2023 Mission Square Regular 7,050.00
240294 08/04/2023 Nationwide Retirement Solutions Regular 5,198.33 240295 08/04/2023 Professional Fire Fighter of Los Banos Local 4703 Regular 1,125.00 240296 08/04/2023 State Disbursement Unit Regular 1,050.00 240297 08/04/2023 Agile Occupational Medicine PC Regular 218 .00
240298 08/04/2023 Alert-O-Lite, Inc. Regular 1,627.10
240299 08/04/2023 Kasey Alim Regular 52
.50
240300 08/04/2023 Gregory Almeida Regular 1,455.25
240301 08/04/2023 Amsoil Inc. Regular 540.42
240302 08/04/2023 Animal Damage Management, Inc. Regular 4,470.00 240305 08/04/2023 Aramark Uniform Ser Inc Regular 3,378.77 240308 08/04/2023 AT&T Mobility Regular 4,828
.91
240309 08/04/2023 AT&T Regular 411.08
240310 08/04/2023 Boot Barn Regular 190.00
240311 08/04/2023 Bruce's Tire Inc Regular 1,311.49
240312 08/04/2023 Marisol Bonilla Regular 350
.00
240313 08/04/2023 California Building Standards Commission Regular 687.60 240314 08/04/2023 Justin Chuvichien Regular 3,000.00
240315 08/04/2023 City Signs Regular 3,091.02
240316 08/04/2023 Manuel A Avila Regular 490
.17
240317 08/04/2023 Copy Shipping Solutions Regular 1,644 .99
240318 08/04/2023 CPRS Regular 165.00
240319 08/04/2023 Dept of Conservation Div of Admin Services Regular 1,768.22 240320 08/04/2023 Duncan Printing Co. Inc. Regular 736.38 240321 08/04/2023 Fehr & Peers Regular 4,405.00
240322 08/04/2023 Geosyntec Consultants, Inc. Regular 1,133.00 240323 08/04/2023 Halcyon Creek Inc. Regular 321.79
240324 08/04/2023 Henley Pacific, LLC Regular 317
.89
240325 08/04/2023 Home Depot Regular 67.29
240326 08/04/2023 Jerry Witt Regular 2,389
.00
240327 08/04/2023 Lawson Products, Inc. Regular 2,401.19 240328 08/04/2023 Lucas Business Systems Regular 1,846.84 240329 08/04/2023 Mark Thomas & company. Inc. Regular 1,371.96 240330 08/04/2023 Marfab Inc Regular 559.68
240331 08/04/2023 Maverick Data Systems Regular 1,100.00 240332 08/04/2023 McGrath Rentcorp Regular 820.73
240333 08/04/2023 Merced Chevrolet Inc. Regular 3,464
.35
240334 08/04/2023 Merced County Tax Collector Regular 83.97 240335 08/04/2023 Miracle Playsystems, Inc. Regular 4,000.91 240336 08/04/2023 Maria Madruga Regular 600.00
240337 08/04/2023 O'Reilly Auto Parts Regular 1,198.47
240338 08/04/2023 Owen Equipment Sales Regular 221.40
240339 08/04/2023 RAT Incorporated Regular 265.00
240340 08/04/2023 Roadline Products, Inc. USA Regular 945.88 240341 08/04/2023 Safety-Kleen Systems, Inc. Regular 393.60 240342 08/04/2023 Save Mart Supermarkets Regular 252.43 240343 08/04/2023 Michael Bartholomew Regular 628.38
240344 08/04/2023 Sherwin Williams Co Regular 1,662.43
240345 08/04/2023 Shred-It US N LLC Regular 4,903
.04
240346 08/04/2023 Sorensens True Value Regular 2,521.40 240349 08/04/2023 Sorensens True Value Regular 171.73
240350 08/04/2023 Specialty Distributors, Inc. Regular 338.04 240351 08/04/2023 Sports Imports, Inc. Regular 1,461.00 240352 08/04/2023 Stephanie Fernandez Regular 600.00
240353 08/04/2023 Samantha Alison Tova Regular 240.00
240354 08/04/2023 West Publishing Corporation Regular 444.62 240355 08/04/2023 Youth Evolution Activites Regular 373.75 240356 08/04/2023 ZWUSAinc. Regular 1,653
.59
240357 08/04/2023 Timothy Baptista Sr Regular 150.00
240358 08/04/2023 Sara Blevins Regular 337.50
240359 08/04/2023 Dan Bronson Regular 12
.00
11 240360 08/04/2023 BSK Associates Regular 10,672.25
240361 08
/04/2023 CDWLLC Regular 81,310.38
240362 08
/04/2023 CSNRMA Regular 932,206.00
240363 08/04/2023 City of Los Banos Escrow Account Regular 2,299.00 240364 08
/04/2023 Dept of Transportation Regular 5,718.55
240365 08
/04/2023 Electric Drives Inc Regular 10,399
.67
240366 08
/04/2023 Halcyon Creek Inc. Regular 373,599.65
240367 08/04/2023 Brent Kuhn Regular 28,018.00
240368 08
/04/2023 Los Banos Unified School District Regular 1,061,705.97 240369 08
/04/2023 Mark Thomas & company. Inc. Regular 40,827
.33
240370 08/04/2023 Merced County Auditor Controller Regular 562.50 240371 08/04/2023 Napa Auto Parts of Los Banos Regular 5,098.20 240372 08
/04
/2023 O'Dell Engineering Regular 14
,831.25
240373 08
/04
/2023 PG&E Company Regular 15,919.42
240374 08/04/2023 Placer Labs, Inc. Regular 19,688.00
240375 08/04/2023 Provost and Pritchard Engineering, Inc. Regular 17,638.54 240376 08
/04/2023 Rep Fitness Regular 18
,865.47
240377 08
/04/2023 State Water Resources Control Board Regular 60.00 240378 08
/04/2023 Sun Ridge Systems, Inc. Regular 48,373.00
240379 08
/04/2023 Superior Pool Products, LLC Regular Void
6,121.45
240380 08
/04/2023 Uline, Inc. Regular
7,584.57
240381 08
/04/2023 US Bank Corp Pymt System Regular 54,632.70
240382 08/04/2023 Law Offices of William A Vaughn Regular 12,366.00 240384 08
/04/2023 Randy Williamson Regular 150.00
240385 08/04/2023 XIT Inc. Regular 14,154
.95
240386
8/4/2023 Dunia Aceituno Regular 64.64
240387 8/4/2023 Miguel Aguilar Regular 200.00
240388 8/4/2023 Charles Alba Regular 200
.00
240389
8/4/2023 Aldina Real Estate, Inc. Regular 76.34
240390
8/4/2023 Carlos Alvarenga Regular 90.91
240391 8/4/2023 Mario Anaya Regular 200.00
240392
8/4/2023 Oscar and Doderlein Anaya Fernandez Regular 92 .72
240393 8/4/2023 Samuel Anzaldua Jr Regular 94.55
240394
8/4/2023 Daisy Aranda Regular 13.85
240395 8/4/2023 Abraham Araujo Regular 94.55
240396
8/4/2023 James Arkfeld Regular 76
.25
240397
8/4/2023 Ray and Leticia Barbee Regular 92.72
240398
8/4/2023 Vince Bergland Regular 90.89
240399 8/4/2023 Angelica Caballero Regular 101.87
240400
8/4/2023 William Cady Regular 112
.63
240401
8/4/2023 Louis Campbell Regular 200.00
240402 8/4/2023 Aaron Carpenter Regular 13.85
240403 8/4/2023 Arnulfo Castaneda Montiel Regular 101.87 240404
8/4/2023 Frank Ca
stro Regular 49
.80
240405
8/4/2023 Randy Ceballos Regular 89.06
240406 8/4/2023 Century Communities Regular 191.82
240407 8/4/2023 Sylvia Chavira Regular 72.08
240408
8/4/2023 VinhChung Regular 78.08
240409
8/4/2023 Leigh Davison Regular 72.66
240410 8/4/2023 Nai Diao Regular 72.59
240411 8/4
/2023 Carlos Dominguez Regular 11.98
240412
8/4/2023 Margarita Echegaray Regular 96.38
240413
8/4/2023 Nancy Erostico Regular 70.76
240414 8/4/2023 Akm Faruque Regular 101.87
240415
8/4/2023 Robert Gatto Regular 19
.03
240416
8/4/2023 Nayeli Godinez Regular 92.84
240417
8/4/2023 Emanuel Gomez Regular 101.87
240418 8/4/2023 Josefina Gonzalez Regular 70.00
240419
8/4/2023 Juanita Gonzalez Fryer Regular 47
.71
240420
8/4/2023 Berenice Guzman Regular 15.99
240421
8/4/2023 Cidne Haines Regular 127.13
240422 8/4
/2023 Miguel Hernandez Parra Regular 101.87
240423
8/4/2023 Laithen Jabouri Regular 145
.83
240424
8/4/2023 Mark Keplinger Regular 101.87
240425 8/4/2023 Britteny Kimball Regular 100.04
240426 8/4/2023 Kay
La Regular 107.59
240427
8/4/2023 Brynn Lafontaine Regular 69.20
12 240428 8/4/2023 Martin Lamas Regular 74.78
240429 8/4/2023 Raquel Landell Regular 101.87
240430 8/4/2023 Jason Lopez Regular 200.00
240431
8/4/2023 Monica Macias Regular 101.87
240432 8/4/2023 Raudel Macias Regular 101.87
240433 8/4/2023 Reyna Macias Regular 79
.91
240434 8/4/2023 Carla Maciel Regular 101.87
240435 8/4/2023 Jesus Medina Regular I 01.87
240436 8/4/2023 Meritage Homes Regular 170.55
240437 8/4/2023 Meritage Homes Regular 152.64
240438 8/4/2023 Meritage Homes Regular 186.91
240439
8/4/2023 MHP Builders Inc Regular 175.46
240440 8/4/2023 Margarita Miranda Regular 89.06
240441 8/4/2023 Sergio Mora Regular 101.87
240442 8/4/2023 Jose Moreno Regular 200.00
240443 8/4/2023 Ramon Naranjo Valencia Regular 92.72
240444 8/4/2023 Judith Navarrete Regular 89.06
240445
8/4/2023 Dung Nguyen Regular 101.87
240446 8/4/2023 Dr Henry Nweke Regular 200.00
240447 8/4/2023 Angelina Ortiz Regular I 01.87
240448 8/4/2023 Victor-Cedano Perez Regular 100.00
240449 8/4/2023 Samuel Ramos Lopez Regular 84.95
240450 8/4/2023 Uriel Ramos Mandl.\iano Regular 92.72
240451 8/4/2023 Ramana Reddy Regular 30.77
240452 8/4/2023 Luz Reyes Regular 83.57
240453 8/4/2023 Rumaldo Rodriguez Regular 101.87
240454 8/4
/2023 Tyler Ryals Regular 98.21
240455 8/4/2023 Vinod Sarup Regular 132.29
240456 8/4/2023 Alexander Schroeder Regular 101.87
240457 8/4/2023 Fabio Silveira Regular 83.57
240458 8/4/2023 Juan Solis Regular 101.87
240459 8/4/2023 Sunshine Investments Regular 143.46
240460 8/4/2023 Connie Tang Regular 81.74
240461 8/4/2023 Gabriela Toledo Regular 76.25
240462
8/4/2023 Joan Uy Regular I 01.87
240463 8/4/2023 Valley Christian Center Regular 130.67
240464 8/4/2023 Ernesto Vargas Regular 200.00
240465 8/4
/2023 Roela and Jose Vazquez Regular 70.76
240466 8/4/2023 Mark Villanueva Regular l O 1.87
240467 8/4/2023 Jay Villarreal Regular 127.79
240468 08/11/2023 Gregory Almeida Regular 139.00
240469 08/11/2023 Anthony Gomes Regular 1,096.95
240470 08/11/2023 Aramark Uniform Ser Inc Regular 2,551.65 240472 08/11/2023 AramarkUnifonn & Career Apparel Group, Inc. Regular 170.69 240473 08/11/2023 AT&T Regular 186.38
240474 08/11/2023 AT&T Regular 184.04
240475 08/11/2023 Berpl Inc. Regular 2,052.11
240476 08/11/2023 Boot Barn Regular 156.59
240477 08/11/2023 Borges & Mahoney Company Regular 1,637.84 240478 08/11/2023 Brinks Inc. Regular 786.96
240479 08/11/2023 Bruce's Tire Inc Regular 783.48
240480 08/l 1/2023 BSK Associates Regular
2,205.75
240481 08
/11
/2023 CENCAL Machine & Fabrication Inc. Regular 582.46
240482 08/11/2023 Challenger Teamwear Regular 519.84
240483 08/11/2023 City of Dos Palos Regular 28.00
240484 08
/ 11/2023 Clear Horizon Inc Regular 4,458.32
240485 08/11/2023 Comcast Regular 103.96
240486 08/11/2023 Craigo Investments Inc. Regular
1,338.19
240487 08/11
/2023 Delta Wireless, Inc. Regular 942.50
240488 08/11/2023 DeVault Electric Products, Inc. Regular 308.19 240489 08/11/2023 Electric Drives Inc Regular 1,740.60
240490 08/11/2023 Employment Development Dept Regular 3,782.00 240491 08/11/2023 Fanner Brothers Coffee Regular 155
.80
240492 08/11
/2023 Federal Express Corporation Regular 30.42
240493 08/11/2023 Food4 Less Regular 224.40
240494 08/11/2023 Galls Inc Regular 295.15
240495 08/11/2023 Fernando Garcia Regular 425.00
13 240496 08/11/2023 Gary's Rent A Can, Inc. Regular 590.33 240497 08/11/2023 Gouveia Engineering Inc. Regular 6,093.78 240498 08/11/2023 Hach Company Regular 1,091.85
240499 08/11/2023 Halcyon Creek Inc. Regular 2,200.38
240500 08/11/2023 Joe Heim Regular 128.76
240501 08/11/2023 Henley Pacific, LLC Regular 108
.66
240502 08/11/2023 Ingraham Trophies Regular 208.08
240503 08/11/2023 Janina Gonzalez Regular 80.00
240504 08/11/2023 Killingsworth Gear Regular 314.00
240505 08/11/2023 Kimball Midwest Regular 307.47
240506 08/11/2023 Kirby Built Products, Inc. Regular 2,569.98 240507 08/11/2023 Karla Armenta Regular 300.00
240508 08/11/2023 Lucas Business Systems Regular 1,068.62 240509 08/11/2023 Dulce Lopez Regular 600.00
240510 08/11/2023 Marfab Inc Regular 9.00
240511 08/11/2023 Marvulli Inc. Regular 28,523
.75
240512 08/11/2023 Merced Truck & Trailer lnc Regular 34.80 240513 08/11/2023 Madera Uniform & Accessories Regular 555.06 240514 08/11/2023 Miracle Playsystems, lnc. Regular 4,852.40 240515 08/11/2023 Cari Moore Regular 50.00
240516 08/11/2023 Napa Auto Parts of Los Banos Regular 252.29 240517 08/11/2023 NON International LLC Regular
1,614.44
240518 08/11/2023 The Office City Regular 77.00
240519 08/11/2023 O'Reilly Auto Parts Regular 11,445
.76
240520 08/11/2023 Pace Supply Corp. Regular 1,018.21
240521 08/11/2023 Pacific Landscape Supply, lnc. Regular 4,988.40 240522 08/11/2023 Pro Group Painting Regular 31,032.70
240523 08/11/2023 Provost and Pritchard Engineering, Inc. Regular 5,280.00 240524 08/11/2023 Protech Security & Electronics, Inc. Regular 189.00 240525 08/11/2023 Isabel Reid Regular 350
.00
240526 08/11/2023 SNAPCD Regular 185.00
240527 08/11/2023 Zachary Sawyer Regular 537.76
240528 08/11/2023 Save Mart Supermarkets Regular 372.50 240529 08/11/2023 Shred-It US N LLC Regular 388.92
240530 08/11/2023 SIJ Holdings, Inc Regular 870.27
240531 08/11/2023 Frank Silveria Regular 780.00
240532 08/11/2023 Sorensens True Value Regular 627.24
240533 08/11/2023 Sorensens True Value Regular 34.78
240534 08/11/2023 Superior Pool Products, LLC Regular 841.45 240535 08/11/2023 Terrabound Solutions Regular 2,083.00 240536 08/11/2023 Tyler Technologies, Inc. Regular 9,439.50 240537 08/11/2023 Brian Thompson Regular 14.99
240538 08/11/2023 Underground Service Alert of Regular 817.04 240539 08/11/2023 United Rentals (North America), Inc. Regular 392 .26
240540 08/11/2023 United Textile Regular 328
.24
240541 08/11/2023 USA Blue Book Regular 3,760.02
240542 08/11/2023 Dorian Salazar Vega Regular 26.63
240543 08/11/2023 Westside Water Conditioning Regular 14.68 240544 08/14/2023 BSK Associates Regular 6,206.00
240545 08/14/2023 CDWLLC Regular. 5,984.09
240546 08/14/2023 Central Valley Salinity Coalition lnc. Regular 6,917.04 240547 08/14/2023 Challenger Teamwear Regular 9,437.62
240548 08/14/2023 City Management Advisors, LLC Regular 9,333.33 240549 08/14/2023 Comcast Regular 17,013.74
240550 08/14/2023 City of Los Banos Utility Regular 46,366.40 240551 08/ 14/2023 Electric Drives Inc Regular 7,065
.81
240552 08/14/2023 Gouveia Engineering Inc. Regular 13,665.93 240553 08/14/2023 lnfoSend Inc. Regular 7,539.02
240554 08/14/2023 Mark Thomas & company. lnc. Regular 6,275.00 240555 08/14/2023 Merced County LAFCo Regular 49,000.00 240556 08/14/2023 Outfront Media lnc. Regular 6,000.00
240557 08/14
/2023 Provost and Pritchard Engineering, Inc. Regular 26,382 .94
240558 08/14
/2023 Ronny's Inc. Regular 45,581
.88
240561 08/14/2023 Russ Bassett Corp. Regular 30,610.12
240562 08/14/2023 Sun Life Financial Regular 7,096.72
240565 08/14/2023 Superior Pool Products, LLC Regular 14,102.90 240566 08/14/2023 Vanir Construction Management, Inc. Regular 109,599.90 14 240567 08/14/2023 Windecker Inc Regular 22,021.97
240568 08/14/2023 Ronny's Inc. Regular 18,278.21
240570 08/14/2023 Ronny's Inc. Regular 150,854.46
240579 08/18/2023 Apex Annex Health Center, Inc. Regular 670.00 240580 08/18/2023 Daniel Amabile Regular 60.00
240581 08/18/2023 Geosyntec Consultants, Inc. Regular 7,130.18 240582 08/18/2023 Marvulli Inc. Regular 26,320.10
240583 08/18/2023 Merced MRI Medical Group Regular 130.00 240584 08/18/2023 Mid Cal Pipeline & Utilities, Inc. Regular 77,900.64 240585 08/18/2023 State Water Resources Control Board Regular 50.00 240586 08/18/2023 Stommel, Inc. Regular 26,885.38
240587 08/18/2023 Anthony Terranova Regular 150.00
240588 08/18/2023 Francis Blackmon Regular 190.19
240589 08/18/2023 AAA Business Supplies Regular 57.05
240590 08/18/2023 Allstar Fire Equipment Regular 1,850.90 240591 08/18/2023 Gregory Almeida Regular 30.45
240592 08/18/2023 Amsoil Inc. Regular 3,687.90
240593 08/18/2023 Anthony Gomes Regular 620.00
240594 08/18/2023 Aramark Uniform Ser Inc Regular 1,064.71 240596 08/18/2023 AT&T Mobility Regular 5,646.42
240597 08/18/2023 AT&T Regular 2,243
.97
240598 08/18/2023 AT&T Regular 149.80
240599 08/18/2023 Bruce's Tire Inc Regular 8,116.60
240600 08/18/2023 BSK Associates Regular 6,784.00
240601 08/18/2023 Ca Dept of Justice Cashiering Unit Regular 7,086.00 240602 08/18/2023 California Air Resources Board Portable Equipment Regular 735.00 240603 08/18/2023 Cal Traffic Regular 843.78
240604 08/18/2023 Capital One Regular 350.25
240605 08/18/2023 Carollo Inc. Regular 6,898.99
240606 08/18/2023 Central Valley Cardiovascular Group Inc. Regular 230.00 240607 08/18/2023 Central Valley Toxicology, Inc Regular 91.00 240608 08/18/2023 Central Sanitary Supply, LLC Regular 45.46 240609 08/18/2023 Comcast Regular 9.90
240610 08/18/2023 Cook's Communications Corp. Regular 20.14 24061 I 08/18/2023 Copy Shipping Solutions Regular 88.43 240612 08/18/2023 CPS Regular 1,017.00
240613 08/18/2023 Cecilia Robledo Regular 65.00
240614 08/18/2023 Dispensing Technology Corporation Regular 2,023.88 240615 08/18/2023 Employee Relations, Inc. Regular 50.00 240616 08/18/2023 F S Rod Inc Regular 4,330.00
240617 08/18/2023 Fastenal Company Regular 541.26
240618 08/18/2023 Fast Track Car Wash Regular 773.50
240619 08/18/2023 Rebecca Felix Regular 600.00
240620 08/18/2023 Government Revenue Solutions Holdings I, LLC Regular 1,707.63 240621 08/18/2023 Gouveia Engineering Inc. Regular 63.00 240622 08/18/2023 Hach Company Regular 938.50
240623 08/18/2023 Henley Pacific, LLC Regular 667.21
240624 08/18/2023 Herwaldt Automotive Group, Inc. Regular 573.45 240625 08/18/2023 Phil Jacob Regular 360.00
240626 08/18/2023 Kalmikov Enterprises, Inc Regular 627.20 240627 08/18/2023 Kay Park Recreation Corporation Regular 6,473.70 240628 08/18/2023 Kimball Midwest Regular 489.89
240629 08/18/2023 Knox Associates, Inc. Regular 98.97
240630 08/18/2023 TimJ Law Regular 2,000.00
240631 08/18/2023 Lowe's Regular 24.59
240632 08/18/2023 Lucas Business Systems Regular 68.90
240633 08/18/2023 Marlab Inc Regular 1,037.97
240634 08/18/2023 Max's Auto & Truck Repair Regular 730.00 240635 08/18/2023 McGrath Rentcorp Regular 934.74
240636 08/18/2023 Merced Chevrolet Inc. Regular 591.44
240637 08/18/2023 Merced Truck & Trailer Inc Regular 546.89 240638 08/18/2023 Mitchell Repair Information Company, LLC Regular 2,880.00 240639 08/18/2023 Monterey Auto Services Inc. Regular 709.61 240640 08/18/2023 Moody's Investors Service Inc. Regular 3,000.00 240641 08/18/2023 Maurice Celestine Regular 95.00
240642 08/18/2023 Ailene Millich Regular 50.00
240643 08/18/2023 OSE Regular 196.37
15 240644 08/18/2023 O'Reilly Auto Parts Regular 1,102.29 240645 08/18/2023 Ivan Ortega Regular 600.00
240646 08/18/2023 PG&E Company Regular 3.94
240647 08/18/2023 Gametime Regular 3,899.09
240648 08/18/2023 Price Paige and Company CP A's LLP Regular 2,371.00 240649 08/18/2023 Proforce Law Enforcement Regular 662.29 240650 08/18/2023 Protech Security & Electronics, Inc. Regular 2,014.17 240651 08/18/2023 Paul Coney Regular 65.00
240652 08/18/2023 Jesus Rosales Penaloza Regular 600.00 240653 08/18/2023 Quad Knopf, Inc. Regular 466.00
240654 08/18/2023 RAT Incorporated Regular 265.00
240655 08/18/2023 Toni Ramos Regular 300.00
240656 08/18/2023 SJVAPCD Regular 42.00
240657 08/18/2023 Safe T Lite of Modesto, Inc. Regular 7,104.68 240658 08/18/2023 San Joaquin Valley Drainage Authority Regular 1,705.09 240659 08/18/2023 Michael Bartholomew Regular 1,227.36
240660 08/18/2023 Sherwin Williams Co Regular 1,324.84
240661 08/18/2023 Robert & Susan Hansen Regular 350.00
240662 08/18/2023 SIJ Holdings, Inc Regular 1,717.01
240663 08/18/2023 Soltech LLC Regular 19,355.34
240664 08/18/2023 Springbrook Software, Inc. Regular 2,403.00 240665 08/18/2023 Sorensens True Value Regular 971.11
240667 08/18/2023 The Don Chapin Co., Inc. Regular 779.49 240668 08/18/2023 The Heil CO Regular 220.00
240669 08/18/2023 Triangle Rock Products Regular 323.25 240670 08/18/2023 Tyler Technologies, Inc. Regular 2,030.00 240671 08/18/2023 Underground Service Alert of Regular 2,381.24 240672 08/18/2023 Verizon Wireless Regular 1,312.04
240673 08/18/2023 Verity Sanitation Supply, LLC Regular 565.28 240674 08/18/2023 Marta Valenzuela Regular 250.00
240675 08/18/2023 Westside Water Conditioning Regular 193.50 240676 08/18/2023 West Publishing Corporation Regular 444.62 240677 08/18/2023 Windecker Inc Regular 1,709.99
240678 08/18/2023 Xerox Financial Services Regular 9,857.84 240679 08/18/2023 Young's Air Conditioning Regular 1,054.00 240680 8/18/2023 Alta Real Estate Services, Inc. Regular 24.54 240681 8/18/2023 Marisa Alvarez Regular 17.23
240682 8/18/2023 Oscar Borda Regular 26.17
240683 8/18/2023 Century Communities Regular 175.44
240684 8/18/2023 Mark Anthony Cintora Regular 11.68
240685 8/18/2023 Rosita Duque Regular 98.13
240686 8/18/2023 John Dutra Regular 104.83
240687 8/18/2023 Daisy Garcia Regular 59.42
240688 8/18/2023 Fernando Gonzales Regular 105.21
240689 8/18/2023 Jess Hernandez Regular 98.13
240690 8/18/2023 Esmeralda Herrera Regular 127.11
240691 8/18/2023 Ronald Ledesma Regular 109.85
240692 8/18/2023 Linda Liu Regular 128.89
240693 8/18/2023 Meritage Hornes Regular 177.09
240694 8/18/2023 Meritage Hornes Regular 166.45.
240695 8/18/2023 Meritage Hornes Regular 171.36
240696 8/18/2023 MHP Builders Inc Regular 23.72
240697 8/18/2023 Craig Morris Regular 10.46
240698 8/18/2023 Naomi Townsend-Keller Williams Prop. Regular 78.13 240699 8/18/2023 Yolanda Ordunez Regular 152.60
240700 8/18/2023 Pacific Credit Services Regular 105.84 240701 8/18/2023 Pacific Credit Services Regular 78.04
240702 8/18/2023 Orlando Pavon Carmona Regular 102.89
240703 8/18/2023 Karen Pereira Regular 98.13
240704 8/18/2023 Martha Quezada Regular 98.13
240705 8/18/2023 Amparo Reyes Tapia Regular 66.81
240706 8/18/2023 Fernanado Rodriguez Regular 155.98
240707 8/18/2023 Joshua Schappert Regular 200.00
240708 8/18/2023 Marvella Serrano Regular 23.18
240709 8/18/2023 Raquel Serrano Regular 98.44
240710 8/18/2023 Satpal Singh Regular 170.55
240711 8/18/2023 Sophia Skarvelis Regular 59.26
16 240712 8/18/2023 Anisong Thach Regular 98.44
240713 8/18/2023 Westhill Property Mgmt Regular 105.21
240714 08/21/2023 Aflac-Customer Service Regular 270.18 240715 08/21/2023 AFSCME District Council 57 Regular 1,800.99 240716 08/21/2023 Empower Annuity Ins. Co of America Regular 1,449.02 240717 08/21/2023 Empower Annuity Ins. Co of America Regular 1,990.00 240718 08/21/2023 Los Banos Fitness & Racquet Club Regular 300.00 240719 08/21/2023 Los Banos Police Assn Regular 1,085.00 240720 08/21/2023 Los Banos Police Assn. Regular 280.00 240721 08/21/2023 Merced County Sheriff Regular 200.00
240722 08/21/2023 Mission Square Regular 441.65
240723 08/21/2023 MissionSquare Regular 6,075.00
240724 08/21/2023 Nationwide Retirement Solutions Regular 5,198.33 240725 08/21/2023 Professional Fire Fighter of Los Banos Local 4 703 Regular 1,125.00 240726 08/21/2023 State Disbursement Unit Regular 1,050.00 240727 08/24/2023 Westamerica Bank
- Cafeteria Plan Regular 78,328.08
240728 08/25/2023 Agile Occupational Medicine PC Regular 218.00 240729 08/25/2023 Aramark Uniform Ser Inc Regular 789.12 240730 08/25/2023 AramarkUniform & Career Apparel Group, Inc. Regular 170.69 240731 08/25/2023 AT&T Mobility Regular 4,916.71
240732 08/25/2023 AT&T Long Distance Regular 1.39
240733 08/25/2023 AT&T Regular 333.09
240734 08/25/2023 Battery Systems, Inc. Regular 651.36
240735 08/25/2023 BJ's Consumers Choice Pest Control Inc. Regular 76.00 240736 08/25/2023 Bound Tree medical LLC Regular 1,154.60 240737 08/25/2023 BSK Associates Regular 74.00
240738 08/25/2023 Burton's Fire Inc. Regular 362.50
240739 08/25/2023 BMY Construction Group Incorporated Regular 905.46 240740 08/25/2023 Central Sanitary Supply, LLC Regular 261.38 240741 08/25/2023 Comcast Regular 355.66
240742 08/25/2023 Cook's Communications Corp. Regular 343.76 240743 08/25/2023 Copy Shipping Solutions Regular 793
.88
240744 08/25/2023 Lamar A. Cummings Regular 443.50
240745 08/25/2023 D & D Pest Control Regular 183.00
240746 08/25/2023 Duperon Corporation Regular 4,800.00
240747 08/25/2023 Garton Tractor Inc Regular 6,968.95
240748 08/25/2023 Halcyon Creek Inc. Regular 3,262.42
240749 08/25/2023 Helena Chemical Co Inc Regular 2,985.19 240750 08/25/2023 Henley Pacific, LLC Regular 252.01
240751 08/25/2023 Holt of California Regular 1,115.10
240752 08/25/2023 Home Depot Regular 8,652.06
240756 08/25/2023 HD Matthews Demolition & Excavation Regular 477.20 240757 08/25/2023 Imprints, Inc. Regular 190.00
240758 08/25/2023 Innerline Engineering Inc. Regular 3,212.50 240759 08/25/2023 Kalmikov Enterprises, Inc Regular 213.59 240760 08/25/2023 Kully Supply, Inc. Regular 575.70
240761 08/25/2023 Marfab Inc Regular 663.93
240762 08/25/2023 Matson Alarm Co Inc Regular 195.00
240763 08/25/2023 McNamara Sports Inc Regular 1,008.50
240764 08/25/2023 Napa Auto Parts of Los Banos Regular 541.65 240765 08/25/2023 OSE Regular 232.44
240766 08/25/2023 O'Reilly Auto Parts Regular 1,369.74
240767 08/25/2023 PG&E Company Regular 20.74
240768 08/25/2023 Pacific Landscape Supply, Inc. Regular 4,971.00 240769 08/25/2023 Protech Security & Electronics, Inc. Regular 126.00 240770 08/25/2023 Randoph Center, LLC Regular 2,000.00
240771 08/25/2023 RAT Incorporated Regular 265.00
240772 08/25/2023 Razzari Ford Regular 31.09
240773 08/25/2023 RMA Geoscience, Inc. Regular 1,697.50 240774 08/25/2023 Michael Bartholomew Regular 182.72
240775 08/25/2023 Sherwin Williams Co Regular 373.67
240776 08/25/2023 Soares Lumber & Fence Inc Regular 56.01 240777 08/25/2023 Sorensens True Value Regular 1,011.30 240778 08/25/2023 Sorensens True Value Regular 202.75
240779 08/25/2023 Terminix Processing Center Regular 1,202.52 240780 08/25/2023 Tractor Supply Credit Plan Regular 3,691.71 17 240781 08/25/2023 Paul Tualla
240782 08/25/2023 Turlock Spay Neuter Clinic LLC
240783 08/25/2023 Tyler Technologies, Inc.
240784 08/25/2023 Uline, Inc.
240785 08/25/2023 Victor Stanley
240786 08/25/2023 Verizon Wireless
240787 08/25/2023 Saba Holding Company, LLC
240788 08/25/2023 Windecker Inc
240789 08/25/2023 Apex Annex Health Center, Inc.
240790 08/25/2023 Beam Insurance Administrators LLC
240791 08/25/2023 CSG Consultants Inc.
240792 08/25/2023 City of Los Banos Utility
240793 08/25/2023 Galvin Preservation Associates, Inc.
240794 08/25/2023 Halcyon Creek Inc.
240795 08/25/2023 Liebert Cassidy Whitmore
240796 08/25/2023 Mark Thomas & company. Inc.
240797 08/25/2023 Merced County Regional Waste Management Authority 240798 08/25/2023 Merced MRI Medical Group
240799 08/25/2023 Mid-Valley Disposal LLC
240800 08/25/2023 OpenGov, Inc
240801 08/25/2023 PG&E Company
240802 08/25/2023 Russ Bassett Corp.
240803 08/25/2023 Swinerton Builders
240804 08/25/2023 Paul Tualla
240805 08/25/2023 Tyler Technologies, Inc.
240806 08/25/2023 United Pavement Maintenance, Inc.
240807 08/25/2023 US Bank Corp Pymt System
240809 08/25/2023 W.M. Lyles Co.

Break in check sequence due to the following:

Check #240195 (Manual Void)
Check #240273 (Payroll)
Check #240276 - #240284 (Payroll)
Check #240303 - #240307 (Manual Void)
Check# 240347 - #240348 (Manual Void)
Check #240383 (Manual Void)
Check #240471 (Manual Void)
Check #240559 - #240560 Manual Void)
Check #240571 - #240573 (Manual Void)
Check #240574 - # 240578 (Payroll)
Check #240595 (Manual Void)
Check #240666 (Manual Void)
Check #240753 - #240755 (Manual Void)
Check #240808 (Manual Void)
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Payment Type
Regular Checks
Manual Checks
Voided Checks
619
0 2
621
261.08
300.00
2,501.25
4,154.45
11,034.22
335.74
1,581.81
18,286.65
526.00
20,117.35
134,751.58
68,151.17
54,652.90
32,134.12
15,108.92
36,754.40
5,932.28

65.00 266,903.91
29,936.25
400,367.00
61,220.24
1,324,011.51
123.98
7,375.00
110,675.00
58,451.87
29,279.65
Payment
7,561,809.58

0.00 6,271.45
7,576,951.34
18 CITY OF LOS BANOS

CITY COUNCIL MEETING MINUTES
JULY 19, 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: Police Chief Brizzee led the pledge of allegiance.

ROLL CALL - MEMBERS OF THE CITY COUNCIL PRESENT: Council Members Brett Jones, Kenneth Lambert, Deborah Lewis, Mayor Paul Llanez; ABSENT: Council Member Douglas Begonia, Jr.; 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, Public Works Director/City Engineer Than, Interim Finance Director Kuhn, Interim Parks & Recreation Director Heim
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, Begonia absent.

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

MEMBERS ON ANY ITEM OF PUBLIC INTEREST THAT IS WITHIN THE JURISDICTION OF THE CITY; INCLUDES AGENDA AND NON-AGENDA ITEMS. NO ACTION WILL BE TAKEN ON NON-AGENDA ITEMS. 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: MR. SANTOS, Congressman Duarte's representative, spoke regarding what they are working on, i.e. cosponsoring the H2VISA program, the NOAA Ag committees; RHONDA LOWE, Small Business Development Center, announced that they will be having their first live in-person workshop for start-ups at the Community Center on July 22, 2023 and explained what the workshop will offer; UNNAMED PERSON, speaking regarding the homeless, thanked the city for the new barriers on the rail trail, how there is less auto traffic and found the Mayor's Plan on homeless and wonders how far along he is on the plan, inquired as to if he needs help; CAMMI AVILAR, spoke regarding her homeless concerns, how there was a cleanup but it is dirty again, how she is getting woken up by homeless and is not sleeping well, it's a problem and it is now affecting her personally, it needs to be addressed, there has to be another solution, it's not fair to my neighborhood and they are willing to help, she 19 sees on the agenda that you are going to put a stop light at Scripps & Mercey Springs and it would be nice to address the closure at DeAnza at the same time and reopen it; UNNAMED PERSON, spoke regarding her concerns with the homeless and how her husband had someone arrested after an incident at their home, they are trespassing, majority of the homeless are mentally unstable, drug addicts and no respect for the citizens, it has become a health hazard, burning each other's tents, Fire Department consistently going out to the homeless site, there is still traffic back there, garbage cans are back there and they are stealing them, it's disgusting and scary, we need to not enable them, they choose to live like this, our safety is in jeopardy; UNNAMED PERSON, spoke regarding her concerns with the homeless and how they are in front of her house, she has emailed the Mayor, left messages and no response, why was there not a plan made when the homeless encampment was closed and why were they told to move to locations, why are the homeless not given porta-pottys or handwashing stations, thank you for sending Code Enforcement to clean up all the garbage and furniture that they are constantly moving in there, how she has been told by Code Enforcement to move her couch from her porch, you need to take care of defecation and urination problem, the public hazards and safety all these conditions are creating; UNNAMED PERSON, spoke regarding the Small Business Assistance Program and how he requested that a report be on the next agenda and it is not, he has concerns regarding the program guidelines, it has ran out of funds, the program is short, requested clarification and has been ignored, he is asking the City Council to speak up for the businesses and asked for a an explanation of the scoring which should include the refund from the RADcard program, how has experienced homeless at his business and how ARPA funds can be spent to solve the homeless problem; MARIBEL GARCIA, Los Banos Downtown Association, spoke regarding the 4th of July event and the huge success that it was, thanked the City for their support and the sponsors and volunteers, the Farm to Table event in September at Henry Miller Plaza and Farmer of the Year application, and how they will provide scholarship for FFA Seniors, their vision is promoting and improving downtown Los Banos; UNNAMED PERSON, business owner in town, spoke regarding the homeless crisis in town and how the City received homeless funds, how have the funds been allocated to Merced County and to each City, the State has already put billions of dollars to combat homeless issues and this is very concerning to him, what changes will be made, he deals with homeless issues at his place of business; BLANCHE JORGE, resident of downtown, went to the Planning Commission meeting the other day, sad news about businesses closing down in the downtown area, thoughts of what could come in to the vacancies in downtown, happy to see the Vineyard item and Sports Complex being approved and thanked the City Council for all their hard work, the parks are being improved and she sees it and appreciates all that you are doing, spoke to the Parks & Recreation book with activities and how wonderful it is, and how she supports our City and employees.

Mayor Llanez asked the City Clerk if she had received any, for which she stated she had received none. No one else came forward to speak and the public forum was closed.

CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Council Member Lewis requested that item F - City Council Resolution No. 6666 - Authorizing the Public Works 20 Director/City Engineer to Execute Change Order No. 1 to the Contract Agreement for the Exterior Painting of Four (4) City-Owned Buildings to Pro Group Painting for the Stucco Work at City Hall and Police Annex and to Increase the Project Contingency to $87,454 be pulled from the consent agenda for presentation.

City Council Resolution No. 6666 - Authorizing the Public Works Director/City Engineer to Execute Change Order No. 1 to the Contract Agreement for the Exterior Painting of Four (4) City-Owned Buildings to Pro Group Painting for the Stucco Work at City Hall and Police Annex and to Increase the Project Contingency to $87,454. Council Member Lewis inquired as to the need for this item and how she is finding it hard to justify this instead of doing repairs and just a paint job, which could save the city money, she feels the smooth stucco is excessive and will not solve the problem, for which Public Works Director/City Engineer Than responded to and explained the reasoning behind it. Motion by Jones, seconded by Lambert to approved City Council Resolution No. 6666 - Authorizing the Public Works Director/City Engineer to Execute Change Order No. 1 to the Contract Agreement for the Exterior Painting of Four (4) City-Owned Buildings to Pro Group Painting for the Stucco Work at City Hall and Police Annex and to Increase the Project Contingency to $87,454. To motion carried by the affirmative action of all Council Member present, Begonia absent and Lewis voting No.

Motion by Jones, seconded by Lambert to approve the consent agenda as amended as follows: Check Register for #239561 - #239963 in the Amount of $2,805,229.35; Minutes for the June 7, 2023 City Council Meeting; Minutes for the June 21, 2023 City Council Meeting; Minutes for the July 5, 2023 City Council Meeting; City Council Resolution No. 6665 - Authorizing the City Manager to Execute a Professional Services Agreement between the City of Los Banos and Mark Thomas & Company, Inc. for Engineering Design Services for State Route 165Nineyard Drive Intersection and Adopting a Revised Budget for the Fiscal Year 2023-24 as it Pertains to the Lamoglia Fund in the Amount of $164,027; City Council Resolution No. 6666 Authorizing the Public 'A'orks Director/City Engineer to Execute Change Order No. 1 to the Contract Agreement for the Exterior Painting of Four (4) City O·Nned Buildings to Pro Group Painting for the Stucco VVork at City Hall and Police Annex and to Increase the Project Contingency to $87,454; City Council Resolution No. 6667 -Accepting the Sports Complex Restroom and Concession Building Project as Complete and Authorizing the Filing of a Notice of Completion with the Merced County Recorder; City Council Resolution No. 6668 - Accepting Public Improvements for Southpointe at Regency Park, Phase 8 (Stonefield Home, Inc.); City Council Resolution No. 6669 - Accepting Public Improvements for Southpointe at Regency Park, Phase 9 (Stonefield Home, Inc.); City Council Resolution No. 6670 - Award of Construction Contract to St. Francis Electric, LLC., in the Amount of $495,000 with a 10% Contingency in the Amount of $49,500 for SR-152 Signal Synchronization, Federal-Aid Project No. CML-5160(028); City Council Resolution No. 6671 -Authorizing Management & Mid-Management Employees and the Los Banos Police Sergeants Association to Participate in the California State Disability Insurance Program at Their Own Expense. The motion carried by the affirmative action of all Council Members present, Begonia absent.
21 PUBLIC HEARING - TO RECEIVE PUBLIC COMMENT AND DISCLOSE THE FINAL FUNDING AMOUNTS AND ACCOMPLISHMENTS OF 2018 COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG} AGREEMENT 12913. Community & Economic Development Director Souza Elms presented the staff report, which included a PowerPoint presentation.

Mayor Llanez opened the public hearing. No one came forward to speak and the public hearing was closed.

Motion by Jones, seconded by Lambert to accept the Report on the 2018 Community Development Block Grant Agreement 12913 as submitted. The motion carried by the affirmative action of all Council Members present, Begonia absent.

CONSIDERATION OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 6672 -

APPROVING THE LIST OF REGIONAL STREET PROJECTS TO BE RECOMMENDED TO BE INCLUDED IN THE MEASURE V 2023 IMPLEMENTATION PLAN. Public Works Director/City Engineer Than presented the staff report, which included a PowerPoint presentation.

Council Member Lewis inquired as to what the approval process through MCAG was for the widening project, how the regional bike path is very important to the students going out to Merced College and promises were previously made. Mayor Llanez stated that he didn't get elected to finish any legacy projects and he doesn't feel that this is a viable solution and we need to with Merced College on addressing this issue.

Council Member Jones stated that there are a lot of projects that sound better on paper, kind of like our rail trail, he doesn't think the regional bike path is aligning up with priorities, noting how there are sidewalks in town that are not complete on the highway.

Motion by Jones, seconded by Lambert to adopt City Council Resolution No. 6672 - Approving the List of Regional Street Projects to be Recommended to be Included in the Measure V 2023 Implementation Plan. The motion carried by the affirmative action of all Council Members present, Begonia absent, Lewis abstained.

ADVISEMENT OF PUBLIC NOTICES. (Three Reports). Community & Economic Development Director Souza Elms reported that there will be three public hearings at the July 26, 2023 Planning Commission to consider a Categorical Exemption from the California Environmental Quality Act (CEQA) pursuant to Section 15332 (Infill Development Projects) for Site Plan Review #2022-11 for the development of a 12,000 sq. ft. for a medical/ dental and various site improvements located within the Professional Office Zoning District at 602 & 604 Texas Avenue; to consider a Categorical Exemption from the California Environmental Quality Act (CEQA) and a Conditional Use Permit #2023-06 to allow the use of a small collection recycling facility. The requested Conditional Use Permit is for Quezada Recycling to be located within the Professional Office Zoning District at 705 W. H St; and to consider Conditional Use Permit #2023-07 and a Categorical Exemption from the California Environmental Quality Act pursuant to 22 Section 15301, Existing Facilities, to allow the use of a Type 41 Alcohol License for the on-sale of Beer and Wine for Los Banos Premier Cinemas, located at 245 Mercey Springs Rd.

CITY MANAGER REPORT. City Manager Pinheiro introduced everybody to the new Recreation Guide and big thanks to Interim Parks & Recreation Director Heim and his for all their hard work, exciting to see all the things happening and activities being provided for the kids.

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 the next MCAG Meeting is July 20, 2023 and spoke regarding the PCE Meeting held yesterday with a topic of discussion was the surplus of funds they have and he is pushing for the option to give the money back to the customers who paid it or to the cities in some form of community amenity.

CITY COUNCIL MEMBER REPORTS
DOUGLAS BEGONIA, JR.: Absent
BRETT JONES: Thanked staff for making the tree trimming a priority this year and it was definitely necessary, for making the Vineyards a priority, and the much-needed improvements at City Hall and how it will attract developers.

DEBORAH LEWIS: Stated that a citizen of our community has showed up two times at a Council Meeting with concerns regarding the Small Business Program and a request for an update and she doesn't see a reason why we are not doing that for full transparency on the next agenda, spoke regarding how Brenda Geary and Rachelle Ciuffo have left the city after working here for 8 years and thanked them for all the years of service.

KENNETH LAMBERT: Spoke about priority for our citizens, thanked Public Works Director/City Engineer Than for the Ag Sports Complex as it is finally getting some love.

PAUL LLANEZ: Spoke regarding sharing communication with the public, he does have a homeless plan and would like to coordinate with our City Manager a Town Hall Meeting in the future to share his thoughts and plans, how issues start at with the State of California laws not being strict enough, would also like to see an time on the agenda for a report the Small Business, how he takes pride in responding to emails so he will look into the ones that he might have missed, thanked City staff and Police Sergeant Mendez for their code enforcement efforts, spoke to all the things that have been accomplished, like improvements to the Ag Sports Complex and shade structures in the park. 23 ADJOURNMENT. Motion by Jones, seconded by Lambert, the meeting was adjourned at 7:23 p.m. The motion carried by the affirmative action of all Council Members present, Begonia absent.

APPROVED:

Paul Llanez, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
24 CITY OF LOS BANOS

CITY COUNCIL MEETING MINUTES
AUGUST 2, 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 6:00 p.m.

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

ROLL CALL - MEMBERS OF THE CITY COUNCIL PRESENT: Council Members Douglas Begonia, Jr., 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, Interim Parks & Recreation Director Heim CONSIDERATION OF APPROVAL OF AGENDA: Motion by Jones, seconded by Lambert to approve the agenda as submitted. The motion carried by the affirmative action of all Council Members present.

PRESENTATIONS: PROCLAMATION-RECOGNIZING THE RETIREMENT OF CITY OF LOS BANOS POLICE SERVICES MANAGER BRENDA GEARY; CERTIFICATE OF RECOGNITION - EMPLOYEE OF THE MONTH FOR JUNE 2023 - KIM TOMAS.

FINANCE MANAGER. Mayor Llanez · presented the proclamation and certificate, for which Kim Tomas was in attendance to accept.

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

MEMBERS ON ANY ITEM OF PUBLIC INTEREST THAT IS WITHIN THE JURISDICTION OF THE CITY; INCLUDES AGENDA AND NON-AGENDA ITEMS. NO ACTION WILL BE TAKEN ON NON-AGENDA ITEMS. SPEAKERS ARE LIMITED TO A FIVE (5) MINUTE PRESENTATION. DETAILED GUIDELINES ARE POSTED ON THE COUNCIL CHAMBER INFORMATIONAL TABLE. Mayor Llanez opened the public forum and asked those at the meeting ifthey would like to speak: KATHY BALLARD, asked if there might already be a meeting in the works for Measure Hand spoke regarding the requirement of meetings, because as of tonight I have not been notified of any planned meetings; UNNAMED PERSON, spoke regarding her reasoning for coming forward to speak regarding the animal shelter, feels that there needs to be a humane way to cure the overpopulation of animals which is spay and neutering, special design services renovation project doesn't include a spay and neuter area and ·feels that is a big oversight, would request that the Mayor and Council Members hold· a Town Hall meeting so that the people can hear and give input as to how the animal shelter is improved; CAMI AVELAR 25 was disappointed that the Town Hall meeting was not advertised on the city's website, she spoke to how she lives near a homeless encampment and her concerns with all the noise and activity that is going on, the repeated calls to Los Banos Police Department dispatch to have someone come out and address the situation, she's lived here for 22 years and this is the first time she has had to call the LBPD, how do I get an adequate response and how do I keep continuing with this, the RadCard staff report does not address all the questions asked and is not transparent, spoke to the design standards committee; UNNAMED PERSON, stated that she read online that a measure was presented in September by Chief Brizzee and how everyone was dispersed in December from the trailer home park, not a good plan, watched the Town Hall Meeting because she wasn't able to make it, feels that the City needs to be more transparent as to what is happening with the homeless situation, you can only put things off for so long, health risks, aren't you tired of the same faces with the same concerns with the same questions; RHONDA LOWE, Los Banos, real happy to get back into workshops for people wanting to start small businesses, next August 12, 2023 at the Community Center and thanked Joe Heim for the accommodations and the City for partnering and hopes that more people will show up next time; Mr. Santos, with Congressman Duarte, enjoyed the National Night Out here in Los Banos and it was a really nice event, he was glad to attend the joint Chamber Mixer held recently, spoke regarding veteran benefits for those who served in combat, bipartisan coalition for the GATES Act, just today provisional agreement with Madera Hospital speaking to the Rural Hospital Technical Services Act, Merced County Town Hall Meeting on august 29, 2023 at 7:00 pm in Atwater; UNNAMED PERSON spoke on behalf of Graciano Rubio who was at the last City Council Meeting and read a letter into the record, noting that he agrees with his comments, how he received funds as he owns a gym in town, The Compound, spoke to what he experienced during covid and having to shut down, his homeless concerns at his business, thankful for his grant but would like to see some more fairness and clarity; UNNAMED PERSON, spoke regaining transparency, no public input with agenda items, like the budget was adopted on the same day presented was the same day it was passed, the Town Hall meeting was a way good step, it was shame to have people come and to be turned away and that shouldn't happen, how people are claiming to be homeless to use that as a reason to commit crimes and how crimes are becoming brazen, we need to apply laws equally, we have to do more and it can be done. No one else came forward to speak and the public forum was closed.

CONSIDERATION OF APPROVAL OF CONSENT AGENDA. · Motion by Lambert, seconded by Jones to approve the consent agenda as follows: Check Register for #239964 - #240152 in the Amount of $2,167,226.24; Fourth Quarter Investment Report for the 2022/2023 Fiscal Year; City Council Resolution No . 6673 -Agreeing to the Cost Share for the SB244 Technical Analysis Portion of the Multi-Jurisdictional Housing Element; City Council Resolution No. 6674 - Rejecting All Bids for the Construction of the Downtown Gateway Sign; City Council Resolution No. 6675 - Authorizing the City Manager to Sign the Memorandum of Understanding for Emergency Medical Services between the City of Los Banos and the Los Banos Unified School District through June 30, 2024. The motion carried by the affirmative action of all Council Members present.

Council Member Lambert left his seat at the dais and the Council Chambers, with Mayor Llanez noting that he was a recipient of ARPA Funds (the nf3xt item on the agenda). 26 AMERICAN RESCUE PLAN ACT (ARPA) - RAD CARD AND SMALL BUSINESS ASSISTANCE GRANT PROGRAM UPDATE. Interim Finance Director presented the staff report.

Council Member Lewis spoke to the history of the RADcard program, inquired as to how much money was returned and was that money used for grants for which Interim Finance Director Kuhn explained that the funds were reprogramed and staff is working through the last few applications. Council Member Lewis stated that once we set up the funds for RADcard program we didn't even see a close out report on that and she doesn't know what is going out to who and how much, and now we have to wait even longer on a finalized report, and to our community and herself that it is a bit confusing and doesn't seem to be an accountability. She further asked how much money has been dispersed and when will the program be wrapped up for which Interim Finance Director Kuhn responded that staff is giving the public time to apply and comply with the grant funding.

Council Member Lewis stated that there are concerns from the public about transparency and she feels we need to be more open about it. Council Member Jones inquired as to if there are any staff administrative cost associated with this for which Interim Finance director Kuhn responded no. Mayor Llanez feels that it is premature to ask for a comprehensive report and he is all for being open arid transparent. Community & Economic Development Director Sousa Elms pointed out why funds were given out.

Informational item only, no action taken.

Council Member Lambert returned to the Council Chambers and his seat at the dais.

CONSIDERATION OF CREATING .AN IMPROVEMENT STANDARDS AND

SPECIFICATIONS TECHNICAL ADVISORY COMMITTEE & A COMMUNITY DESIGN STANDARDS TECHNICAL ADVISORY COMMITTEE; CITY COUNCIL RESOLUTION NO. 6676 - CREATING AN IMPROVEMENT STANDARDS AND SPECIFICATIONS TECHNICAL ADVISORY COMMITTEE; CITY COUNCIL RESOLUTION NO. 6677 - CREATING A COMMUNITY DESIGN · STANDARDS TECHNICAL ADVISORY COMMITTEE. Community & Economic Development Director Souza Eims presented the staff report.

Motion by Jones, seconded by Begonia to adopt City Council Resolution No. 6676 - Creating an Improvement Standards and Specifications Technical Advisory Committee.

The motion carried by the affirmative action of all Council Meml;>ers present.

Motion by Jones, seconded by Lamb~rt to adopt City Council Resolution No. 6677 - Creating a Community Design Standards Technical Advisory Committee. The motion carried by the affirmative action of all Council Members present.

ADVISEMENT OF PUBLIC NOTICES. (No Report).

CITY MANAGER REPORT. City Manager Pinheiro gave a big thank you to Chief Brizzee and Police Sergeant Mendez for the National Night Out event last night and thanked all the people who made donations and thanked all the folks for attending and those who put it together.
27 REPORT/UPDATE ON MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG), PENINSULA CLEAN ENERGY (PCE)1 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 The Bus in no fares all summer and encouraged all to use and the he will be attending the PCE meeting that is coming up.

CITY COUNCIL MEMBER REPORTS
BRETT JONES: Thanked staff for all their hard work on National Night Out was probably the busiest ones yet.
. ,.

DEBORAH LEWIS: Thanked our Police Chief,. Comtna·nders; ·sergeant; Officers, Department Heads that participated in National Night Out; how she recently had a chance to meet the State Parks & Recreation Officer and his dog a recent event, how as a Council Member and a regislature for our City -she has the right-to. ask for clarification on things going on the City, I am here to get questions answered and not hereto debate with our staff, she is not trying to cause dissention.

KENNETH LAMBERT: Stated how National Night Out was definitely cooler last night, great job and planned out well, appreciate all the work done by staff.

DOUGLAS BEGONIA, JR.: Appreciate all the hard work put into National Night Out, happy to see the improvements being done on B Street and all the other streets throughout the City.

PAUL LLANEZ: Spoke to how San Luis Street is being redone and how fantastic that we are getting things done, he attended National Night Out and it was a great job, thank you to everybody that came out to the Town Hall event, how he makes himself available to talk, he stuck around after the Town Hall meeting to talk, make note of how Los Banos Police enforces laws, but it's the State of California that makes them, thanked all our staff for the great work they do.

CLOSED SESSION - PUBLIC EMPLOYEE PERFORMANCE EVALUATION, TITLE:

CITY ATTORNEY, PURSUANT TO GOVERNMENT CODE SECTION 54957. No reportable action.

ADJOURNMENT. Motion by Jones, seconded by Lambert, the meeting was adjourned at 8:07 p.m. The motion carried by the affirmative action of all Council Members present.

APPROVED:

Paul Llanez, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
28 TO:

FROM:

DATE:

LOsBanos
At the Crossroads c~f Calijornia
Agenda Staff Report
Mayor Llanez & City Council Members
Brent Kuhn, Interim Finance Director
September 6, 2023
SUBJECT: Measure H Committee Financial Update
TYPE OF REPORT: Consent Agenda, Informational Item
Recommendation:

Informational only, for Council's review.

Background:

The Measure H Committee is required to meet at least twice a year. All meetings shall be held within the City of Los Banos. All meetings shall be noticed and open to the public in accordance with the Ralph M. Brown Act, Government Code Section 54950 et seq. Meetings shall be conducted according to Rosenberg's Rules of Order: Simple Parliamentary Procedures for the 21st Century. A majority of the five (5) Committee members shall constitute a quorum for the transaction of any business. The Committee shall not discuss items or subjects unless they are on the agenda for the meeting. The City Council shall appoint the initial chair and vice-chair of the Committee. Thereafter the Committee shall annually elect the chair and vice chair from among its members. The vice-chair shall act as chair only when the chair is absent.

The specific duties of the Committee are as follows:

1. To review, comment and make recommendations for the use of Measure H funds to the City Council each year prior to adoption of the annual budget/Measure H annual expenditure plan. Recommendations and comments of the Committee will be presented by the Finance Director during the budget workshop. City Council will consider the recommendations and comments of the Committee prior to budget adoption.
29 2. Review the annual Performance Report and report Committee findings to the City Council at a public meeting. Finance Staff will present to the Committee an Annual Performance Report, the report will include the status of revenues received and the use of expenditures for the most recently completed fiscal year. The Committee will be tasked with reviewing the annual report and reporting its finding to the City Council at a public meeting. All reports will be made available to the public on the City's website.

The City Manager will designate/appoint City staff person(s) to serve as staff liaison(s) to the Committee. The liaison(s) will be responsible for providing relevant information and receive and record all exhibits, documents, or other material presented to the Committee. The liaison(s) will provide technical and administrative assistance to the Committee as follows:

1. Preparation of and posting of public notices as required by the Brown Act, ensuring that all notices to the public are provided in the same manner as notices regarding meetings of the City Council

2. Provision of a meeting room, including any necessary audio/visual equipment

3. Preparation and copies of any documentary meeting materials, such as agendas and reports

4. Retention of all Committee records

5. Providing public access to Committee records on an Internet website maintained by the City

6. Printing and mailing of any required reports
City staff when necessary shall attend all Committee meetings in order to report on the status of projects and the expenditures of Measure H revenue.

Discussion:

The attached Measure H Update Report was presented to the Measure H Committee on August 17 ,' 2023. During that meeting Brent Kuhn, the Interim Finance Director, presented a_ financial summary of expenditures from the exception of Measure H thru F/Y 2023. He also presented the approved 23/24 budget for Measure H.

The Finance Director also informed the committee of the By-Laws and presented a proposed meeting schedule to take place during the month of May and the month of November in order to comply with the By-Laws. {The Committee had not been meeting over the past 18 months due to a lack of quorum). The meeting in May will discuss the upcoming Budget for Measure H and the meeting in November will include the presentation of the Annual Performance Report. (This will be presented by the department heads for Police, Fire, Parks & Recreation, and Finance). 29 A
Fiscal Impact:
none
Josh rnH iro,
Attachments:

Measure H Financial Update
Agenda
Staff Report
23/24 Budget Narrative and Schedules for Measure H
30 LOsBanos
At the Crossroads of California
AGENDA

SPECIAL MEETING MEASURE H CITIZENS' OVERSIGHT COMMITTEE MEETING City of Los Banos Community Center
645 71h Street
Los Banos, California
August 17, 2023-6:00 PM
-----········ ............................... ..
rff you reqiln, special assistance to allflncl or pertJclpBl8 In tns meeti,v, please oall the Flrmos omce @ (2CBJ 827-2422 a least 24 twrs prior to tie meeting.

The City a Los Banos complies wHh the Americans with Disabllltles /Id (ADA) of 1990. • • * * • • • • • .. • • • • • • Si requ/ere asistencia especial para alBnder o partfc:lpar en est.a Jl.llts per IIMr /lane a la diclna de la Flnanzas de la cludad 8J (2CBJ 821-2422 a lo menos de 48 taas prwlas de la Jlllta.

La ClidBtJ de Los Banos cumple con la Ada d9 Amer/cams con Deshabllidad (ADA) d9 1990. i Any writings or documents prollided to a ma}olfty of the Measun, H Commmee ! regarding any 119m on this agenda. wU1 be made ava/lable for publfc inspection at the meeting 1 and In the City Clenc's omce locat9d at City Hall, 520 J st,wt, Los Banos, Calffomla i during normal business hours. In addllfon, such writings and documents may be posted 1,::,, , on the City's websllll at www./p§banos.oro. . . . . . . . . . . . . . . . . CUaJqUler esattura o los docum6ntos propon:IOIJIJIOII a una mayrxfa del Comltl de la MedJda H n,specto a i cua/quier art/culo en este orrlen del c/la sera h8cho c/lsponlble para la ; lnspecclOn pObllca en la mun/On yen la o1iclna de la &iaetatfa de la ciudad en City Hall, 520 J street, Los Banos, l California duranre floras c/9 otfclna nonnares. Adetmis, tales escnturas y los dooumentos i L ............. _ ............... -...... ~,:. .. ~~n ser anunciadoS en el website c/e la ~~-~~.::'.:~~~.:': ........................ , .. ., .. _ ..... -........ ..J

1. CALL TO ORDER. 6:00 PM

2. PLEDGE OF ALLEGIANCE.

3. ROLL CALL: (Committee Members)
Amabile_, Ballard __ , Erickson __ , Johns __ , Guerra __

4. PUBLIC FORUM. (Members of the public may address the Committee Members on any item of public interest that is within the jurisdiction of the committee; includes agenda and non-agenda items. No action will be taken on non.,.agenda items. Speakers are limited to a three (3) minute presentation.

CHy of Los Banos- Measure H Citizens' Oversight Committee - August 17, 2023 Page 1 of2 31 5. MEASURE H REPORTING.

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

6. COMMITTEE MEMBER REPORTS.

A. Michael Amabile
B. Kathy Ballard
C. Rita Erickson
D. Eldridge Johns
E. Letty Guerra

7. ADJOURNMENT.

I hereby certify under penalty of perjury under the laws of the State of catifomia that the foregoing agenda was posted on the City Hall bulletin board not less than 24 hours prior to the meeting. ~ \4J.c:

Brent Kuhn, Interim Finance Director Dated this 16th day of August 2023 City of Los Banos- Measut8 H Citizens' OVersight Committee-August 17, 2023 Page2of2 32 LOsBanos
At tht. Crossroads oJ Calijc1rnia
Agenda Staff Report
TO: Measure H Citizen Committee Members
FROM: Brent Kuhn, Interim Finance Director
DATE: August 17, 2023
SUBJECT: Measure H Financial Update
Recommendation:

The Measure H Funds Financial Update as Presented by the City of Los Banos regarding the capital and operating expenditures referenced in this report is for informational purposes only. No Action will be taken.

Discussion:

The Measure H Oversight Committee plays an important oversight role to the City Council and the community by reviewing, reporting and making recommendations on the use of Measure H funds. The Committee input helps represent to the Council how the community envisions use of the Measure H funding and ensures accountability and transparency.

The following information is intended to update the Committee on the overall financial position and activity of Measure H Funds.

I Measure H Police:

Police use of fur-ding as follows:
• Staffing: 1 CSO, 1 Police Sergeant, 6 Police Officers • Capltal Infrastructure Improvement Projects: Police Station • Equipment: 1 License Plate Reader and 1 Motorcycle
33 I Measure H Code Enforcement:

Code Enforcement use of funding as follows:
• Staffing: 1 Code Enforcement Officer
• Capltal Infrastructure Improvement Projects: None
• Equipment: New Code Enforcement Vehicle
I Measure H Dispatch:

Police use of funding as follows:
• Staffing~ 1 Full-Time Public Safety Dispatcher and 1 Community Service Officer • Capital Infrastructure Improvement Projects: Dispatch Center in New Police Station • EqulPffl'nt: Related to the new Dispatch Center
I Measure H Fire:

Fire use of funding as follows:
• Staffing: 2 Firefighters
• Capital Infrastructure Improvement Projects: SCBA Replacement and Fill Station • Equipment iRIMS and ESO Records Management and Turnout Replacements I Measure H Parks & Recreation (Youth Programs):

Parks and Recreation use of funding as follows:
• Staffing: Full-Time Recreation Coordinator I
• Expansion of Programs: Addition of new programs such as the Egg Hunt, Halloween Fest, Youth Flag Football, Summer and Fall Youth Volleyball, expansion of Breakfast with Santa, Pulse Teen Group, 4H programming and annual volunteer days. This represents an over 50% growth in recreation program offerings. • Capital Infrastructure Improvement Projects: Replacement program for playgrounds.

City Park, Davis Park, Little Page Park, Gardens 1 Park, College Greens Park, and Garden~ 3 Park playgrounds. Turf and landscape improvements at Meadowlands II Park, Oliveira Park, I St. median and the Canal Trail. Facility Improvements including exterior paint of the Ranchwood building, College Greens building, Miller and Lux buildingi HVAC services have also been added for the first time throughout Recreation facilities.
• Equipment: Addition of a ball-field groomer, aerator, and scissor lift. 34 Measure H • Revenue by Spending Priority From Inception thru FY 2023 18-19 19-20 20-21 21-22 22-23
Measw-e H Revenue 620.139.25 2.883.660.52 3,479.428.25 3.952.061.50 4.021 .358.00 Measure H Sl!§.nri,lng PrJ.m:lllM.

Police Patrols & Prevent Crimes 45% 279,062.66 1,297,647.23 1,565,742.71 1,778,427.68 1,809,611.10 Code Enforcement & Blight Reduction 5% 31,006.96 144,183.03 173,971.41 197,603.08 201,067.90 911 Dispatch Services 10% 62,013.93 288,366.05 347,942.83 395,206.15 402,135.80 Youth Programs 5% 31,006.96 144,183.03 173,971.41 197,603.08 201,067.90 Fire and Emergency Medical 15% 93,020.89 432,549.08 521,914.24 592,809.23 603,203.70 Parks & Recreation 15% 93,020.89 432,549.08 521,914.24 592,809.23 603,203.70 Fiscal Stability 5% 31,006.96 144,183.03 173,971.41 197,603.08 201 ,067.90 620,139.25 2.883,660.52 31479.428.25 3,952.061.50 4,021 ,358.00 Measure H - Spending Priority Expenditure Summary From Inception thru FY 2023 18-19 19-20
Revenue Exe!!!diture NetChanS! Revenue Ex!!!Jditure NetCha!:!!le Police Patrols & Prevent Crimes 279,062.66 279,062.66 1,297,647.23 572,706.18 724,941.05 Code Enforcement & Blight Reduction 31,006.96 31,006.96 144,183.03 53,214.94 90,968.09 911 Dispatch Services 62,013.93 62,013.93 288,366.05 87,586.17 200,779.88 Youth Programs 31,006.96 31,006.96 144,183.03 144,183.03 Fire and Emergency Medical 93,020.89 93,020.89 432,549.08 283,951.28 148,597.80 Parks & Recreation 93,020.89 93,020.89 432,549.08 211,065.25 221,483.83 Fiscal Stability 31 006.96 31.006.96 144,183.03 4,103.97 140.079.06 Totals 620,13925 620,139.25 2.883,660.52 1212,627.79 11 671 1032. 73
20-21 21-22
Revenue Exoenditure Net 5;itl!!!JSe Revenue Exoendlture NetChanae Police Patrols & Prevent Crimes 1,565,742.71 844,282.53 n1,460.1s 1,nB,427.68 1,027,599.00 750,828.6& Code Enforcement & Blight Reduction 173,971.41 154,090.65 19,880.76 197,603.08 159,000.89 38,602.19 911 Dispatch Servlcei 347,942.83 81,334.40 266,608.43 395,206.15 136,287.41 258,918.74 Youth Programs 173,971.41 173,971.41 197,603.08 197,603.08 Fire and Emergency Medical 521,914.24 331,795.80 190,118.44 592,809.23 391,142.73 201,666.50 Parks & Recreation 521,914.24 247,482.83 274,431.41 592,809.23 445,445.86 147,363.37 Fiscal Stability 173971.41 173.971.41 197603.08 197,603.08 Totals 3.479,428.25 1.658,986.21 1.820,442.04 3,952 061.50 2,159,475.89 1,792,585.61 22-23 23-24
Revenue Exe!!nditure NetCha!llle Revenue ~~ndilure NetCha!!9e Police Petrols & Prev,nt CrlmH 1,809,611.10 1,244,128.00 565,483.10 Code Enforcement & Blight Reduction 201,067.90 150,255.00 50,812.90 911 Dispatch service• 402,135.80 184,264.00 217,871.80
Youth Programs 201,067.90 201,067.90
FJre and Emergency Medical 603,203.70 419,573.00 183,630.70 Parks & Recreation 603,203.70 455,232.00 147,971.70
Fiscal Stablllly 201 ,067.90 201 ,067.90
Totals 4 1221 ~58.00 2,453.452.00 1,567,906.00
35 Fiscal Impact:

The above Measure H Spending Priorities Expenditure Summary demonstrate the efforts made by the City to maintaining police patrols and preventing crime; protecting and maintaining 911 response times; maintaining parks and adding programming to support youth; increasing medical response times.

The Fund Balance by spending priority is illustrated in the schedule below. This Fund Balance will be spent on future Measure H operations and capital outlay according to the Spending Priorities of the council and as recommended by the committee. All of the Fund Balance for Measure H is assigned in the City's General Ledger specifically for Measure H, and these balances will be carried forward for personnel, supplies and services, and future capital outlay.

Measure H • Spending Priority Balances From Inception thru FY 2023 18-19 19-20 20-21 21-22 22-23 Totals
Police Patrols & Prevent Crimes 279,062.66 724,941.05 721,460.18 750,828.68 565,483.10 3.041.ns.67 Code Enforcement & Blight Reduction 31,006.96 90,968.09 19,880.76 38,602.19 50,812.90 231.270.90 911 Dispatch Servk:es 82,013.93 200,779.88 266,608.43 258,918.74 217,871.80 1,006,192.77 Youth Programs 31,006.96 144,183.03 173,971.41 197,603.08 201,067.90 747,832.38 Fire and Emergeney Medical 93,020.89 148,597.80 190,118.44 201,666.50 183,630.70 817,034.32 Partca & Recreation 93,020.89 221,483.83 274,431.41 147,363.37 147,971 .70 884,271.19 Fiscal Stablllty 31,006.96 140,079.06 173.971.41 197,603.08 201 ,067.90 743,728.41 620,139.25 1,671 ,032.73 1,820,442.04 1.792,585.61 1,567,906.00 7,472,105.63 Attachments:

Budget Narratives and schedules from the 23/24 City Budget 36 City of Los Banos
Police Measure H
2023-2024
Account Number Description 2020-20.21 2021-2022 20.22-2023 2023-2024 Actual Actual Estimated Adoeted
100-421-290-101 Salaries 431,893 553,075 555,500 0
100-421-290-103 Overtime 54,142 92,195 110,500 0
100-421-290-120 Benefits 177,040 209,896 225,SOO 0
100-421-290-121 Benefits-PERS 48,377 61 !665 1191000 0
Personnel Services 711,452 916,831 1,010,500 0
100-421-290-203 Equip Repair & Marat 0 6,960 9,000 0
100-421-290-236 Medical Services 0 16S 0 0
100-421-290-237 Recruitment 14,898 1,908 10,000 0
100-421-290-250 msu,ance 16,290 17,598 24,128 0
100-421-290-2S2 Communications 0 3,16S 4,500 0
100-421-290-257 Travel & Training 21,22S 5,659 10,000 0 100-421-290-260 Offipe Supplies 1,976 2,000 2,000 0
100-421-290-262 Uniform Expenses 15,814 S,733 10,000 0
l 00-421-290-267 General Materia1 & Supplies 551188 371643 601000 0 Supplies & Services 125,391 80,833 129,628 0
100-421-290-750 Vehicles 0 0 35,000 0
100-421-290-752 Communication Equipment 0 0 69,000 0
100-421-290-753 Specialized Equipment 0 818 0 0
100-421-290-770 Computer Equipment 7,440 0 0 0
Capital Outlay 7,440 818 104,000 0
Total Police Measure B $844.283 $998.482 $1.244.128 $0
37 City of Los Banos
Police Measure H
2023-2024
Account Number Description 2020-2021 2021-2022 2022-2023 2023-2024 Actual Actual Esdmated Adoeted
101-421-290-101 Salaries 0 0 0 699,599
101-421-290-103 Overtime 0 0 0 80,000
101-421-290-120 Benefits 0 0 0 255,981
101-421-290-121 Benefits-PERS 0 0 0 157 881
Penonnel Services 0 0 0 1.193,461
101-421-290-203 Equipment Repair & Maintenance 0 0 0 9,000 101-421-290-236 Medical Services 0 0 0 1,000
101-421-290-237 Recruitinent 0 0 0 10,000
101-421-290-250 Insurance 0 0 0 32,272
101-421-290-252 Communications 0 0 0 4,500
101-421-290-257 Travel & Tranining 0 0 0 10,000
101-421-290-260 Office Supplies 0 0 0 2,000
101-421-290-262 Uniform Expenses 0 0 0 10,000
101-421-290-267 General Material & Supplies 0 0 0 60,000 Supplies & Service• 0 0 0 138,772
101-421-290-740 Miscellaneous Equipment 0 0 0 45,000
101-421-290-753 Specialized Equipment 0 0 0 83000
Capital Outlay 0 0 0 128,000
Total Police Measure B 0 0 0 1460,233
38 · olice Measure H

SERVICES & SUPPLIES
203-EOUIPMENT REPAIR & MAINTENANCE: Funding in this category is used for maintenance and/or repair of equipment. Funding is also used for software and equipment including Tasers, Cellbawk, and Tracker software system. 267-GENERAL MATERIALS & SUPPLIES: Funds will be used to purchase Measure H supported personnel equipment including; firearms, rifles, uniform equipment and accessories and other associated material and supplies.

CAPITAL OUTLAY
740-MISCELLANEOUS EQUIPMENT: Costs associated with the Camera Intersection project. 753-SPECIALIZED EQUIPMENT: Purchase of mobile License Plate Reader (LPR) for Police vehicles to help identify stolen and/or other wanted vehicles ($65,000) and a Drone ($18,000) 39 City of Los Banos
Dispatch Measure H
2023-2024
Account Number Description 2020-2021 2021-2022 2022-2023 2023-2024 Actual Aetual Eltfmated AdoetecI
100-421-291-101 Salaries 80,743 75,267 83,725 0
100-421-291-103 Overtime 16,703 14,109 11,000 0
100-421-291-120 Benefits 43,469 40,856 57,500 0
100-421-291-121 Benefits-PERS 6J 69 4,150 61886 0
Personnel Servkes 147,183 134,382 159,111 0
100-421-291-237 Recruitment 0 3,203 5,000 0
100-421-291-250 Insurance 4,577 5,383 7,553 0
100-421-291-257 Travel & Training 1,073 0 0 0
100-421-291-260 Office Supplies 174 291 9,300 0
100-421-291-262 Uniform Expenses 357 1,420 1,800 0
100-421-291-267 General Material & Supplies 726 867 1 500 0 Supplies & Services 6,907 11,164 25,153 0
100-421-291-720 Building & Structures 0 0 0 0
100-421-291-753 Specialized Equipment 0 19858 0 0
Capital Outlay 0 19,858 0 0
Total Dispatch Meal1lre B $1541091 $165-405 $184~264 $0 40 City of Los Banos
Dispatch Measure H
2023-2024
Account Number Description 2020-2021 2021-2022 2022-2023 2023-1024 Actual Actual Estlmated Adoeted
101-421-291-101 Salaries 0 0 0 155,432
101-421-291-103 Overtime 0 0 0 15,000
101-421-291-120 Benefits 0 0 0 97,767
101-421-291-121 Benefits-PERS 0 0 0 12,435
Personnel Services 0 0 0 280,634
101-421-291-236 Medical Services 0 0 0 300
101-421-291-237 Recruitment 0 0 0 5,000
101-421-291-250 Insurance 0 0 0 8,716
101-421-291-257 Travel & Training 0 0 0 9,000
101-421-291-260 Office Supplies 0 0 0 300
101-421-291-262 Uniform Expenses 0 0 0 1,800
101-421-291-267 General Material & Supplies 0 0 0 lJ OO Supplies & Services 0 0 0 26,616
Total Dispatch Measure B 0 0 0 307.2S0
41 Dispatch Measure H

SERVICES & SUPPLIES
267-GENERAL MATERIALS & SUPPLIES: Funds will be used to purchase Measure H supported personnel equipment and accessories and other associated materials and supplies. 43 THIS PAGE IS INTENTIONALLY LEFT BLANK
44 City of Los Banos
Code Enforcement Measure H
2023-2024
Account Number Description 2020..2011 2021-2022 2022-2023 2023-2024 Actual Actual Estimated Adoeted
100-429-290-101 Salaries 52,636 56,229 58,800 0
100-429-290-120 Benefits 21.004 47,436 52,091 0
100-429-290-121 Benefits-PERS 4,308 4,500 4,825 0
Personnel Services 77,947 108,165 115,716 0
100-429-290-250 Insurance 2,570 2,744 3,839 0
100-429-290-252 Communications 0 395 600 0
I 00-429-290-257 Travel & Training 0 1,19S 1,000 0
I 00-429-290-260 Office Supplies 362 465 500 0
100-429-290-262 Uniform Expense 0 1,609 2,600 0
100-429-290-267 General Materials & Supplies 454 1,552 1,000 0 Supplies & Services 3,387 7,960 9,539 0
100-429-290-750 Vehicles 0 42!876 25,000 0
Capital Outlay 0 42,876 25,000 0
Total Code Enforcement Meas H $81.334 $159.001 $150.255 $0 45 City of Los Banos
Code Enforcement Measure H
2023-2024
Account Number Description 2020-2021 2021-2022 2022-2023 2023-2024 Actual Actual Estimated Adogtg!
101-429-290-101 Salaries 0 0 0 92,125
101-429-290-103 Overtime 0 0 0 2,000
101--429-290-120 Benefits 0 0 0 62,358
101--429-290-121 Benefits-PERS 0 0 0 7,370
Penonnel Services 0 0 0 163,853
101--429-290-236 Medical Services 0 0 0 200
101-429-290-250 Insurance 0 0 0 4,426
101-429-290-252 Communications 0 0 0 600
101--429-290-257 Travel & Training 0 0 0 1,000
101-429-290-260 Office Supplies 0 0 0 500
101-429-290-262 Uni(orm Expense 0 0 0 2,600
101-429-290-267 General Material & Supplies 0 0 0 1000
Supplies & Services 0 0 0 10,326
Total Code Enforcement Meas B 0 0 0 174.179
46 City of Los Banos
Fire Measure H
2023-2024
Account Number Description 2020-2011 2011-2022 2022-2023 2023-2024 Actual Actual Esttm1tt1i Adol!ted
100-422-290-101 Salaries 103,199 118,591 143,120 0
100-422-290-103 Overtime 20,494 31,951 47,500 0
100-422-290-120 Benefits 70,944 69,132 85,394 0
100-422-290-121 Benefits-PERS 14,781 17,054 22,147 0
Penonnel Services 209.418 236,729 298,161 0
100-422-290-231 Professional Services 1,901 740 1,600 0 100-422-290-236 Medical Services 1,032 1,030 1,135 0
100-422-290-237 Recruitment 593 0 500 0
100-422-290-250 Insurance 5,211 5,579 7,804 0
100-422-290-252 Coinmunications 0 155 156 0
100-422-290-257 Travel & Training 2,873 1,715 3,430 0
100-422-290-262 Uniform Expenses 1,978 1,154 1,425 0
100-422-290-267 General Material & Supplies 207 969 1,000 0 100-422-290-273 Special Dept Expense 4,572 86 4,000 0
Supplies & Services 18,368 11,429 21,0SO 0
100-422-290-752 Communication Equipment 0 0 43,362 0
100-422-290-753 Specialized Equipment 104,009 142,985 57,000 0 Capital Outlay 104,009 142,985 100,362 0
Total Fire Measure H $3311796 $3911143 $419!573 $0
47 City of Los Banos
Fire Measure H
2023-2024
Account Number Description 2020-2021 2021-2022 2022-2023 2023-.20.24 Actual Actual Estimated Adoeted
101-422-290-101 Salaries 0 0 0 247,394
101-422-290-103 Overtime 0 0 0 20,000
101-422-290-120 Benefits 0 0 0 116,171
101-422-290-121 Benefits-PERS 0 0 0 35,872
Penonnel Services 0 0 0 419,437
101-422-290-231 Professional Services 0 0 0 1,600
101-422-290-236 Medical Services 0 0 0 2,600
101-422-290-237 Recruitment 0 0 0 500
101-422-290-238 Technical Services 0 0 0 50,000
101-422-290-250 ~ce 0 0 0 9,103
101-422-290-252 Communications 0 0 0 7,610
101-422-290-257 Travel & Training 0 0 0 13,500
101-422-290-262 Uniform Expenses 0 0 0 2,000
101-422-290-267 General Material & Supplies 0 0 0 4,600 101-422-290-273 Special Dept Expense 0 0 0 4,000
Supplies & Services 0 0 0 95,513
101-422-290-752 Communication Equipment 0 0 0 28,000
I 01-422-290-753 Specialized F,quipment 0 0 0 25,000
Capital Outlay 0 0 0 53,000
Total Fire Measure B 0 0 0 567 950
48 Fire Measure H

SERVICES & SUPPLIES
231-PROFESSIONAL SERVICES: Expenses relating to legal services and general labor negotiations.
237-RECRillTMENT: Funding is used for employment advertising and testing. Part of the testing includes physical examinations, Live Scan and credit checks. 252-COMMUNICATION: Funding is used to for Communication services for &-Dispatch and Active 911.
262-UNIFORM EXPENSES: Funding is used for the purchase of Landry Detergent/spray, safety boots for Measure H employees.
267-GENERAL MATERIAL & SUPPLIES: Expenditures for miscellaneous supplies and materials n~ to support operations.
273-SPECIAL DEPARTMENTAL EXPENSE: Funding is used for the purchase of protective clothing, helmets, gloves, boots, hand lights, hand equipment, radios, chemicals, paper products, and employee longevity recognition awards.

CAPITAL OUTLAY
752-COMMUNICATION EQUIPMENT: Expenses related to new reporting system. 753-SPECIAJ JZED EQUIPMENT: Expenses related to Turnout replacement and finalizing SCBA project.
49 THIS PAGE IS INTENTIONALLY LEFT BLANK
50 City of Los Banos
Recreation Measure H
2023-2024
Account Number Descrlpdon 2020-2021 2021-2022 2022-2023 .2023-2024 Actual Actual Estimated Adoeted
100-451-290-I0I Salaries 534 34,513 35,300 0
100-451-290-103 Overtime 350 g,245 4,400 0
100-451-290-120 Benefits 11,591 18,484 21,367 0
100-451-290-121 Benefits-PERS 0 2,763 2,902 0
Per&onnel Services 12.475 59,004 63,969 0
100-451-290-205 Facility Maintenance 33,654 42,081 45,000 0 100-451-290-231 Professional Services 0 21,341 10,000 0 100-451-290-237 Recruitment 302 0 700 0
100-451-290-250 Insurance 2.471 2,635 3,700 0
l 00-451-290-252 Communications 989 7,125 9,000 0
100-451-290-257 Travel & Training 0 973 3,000 0
100-451-290-260 Office Supplies 2,473 4,933 3,115 0
I 00-451-290-267 General Material & Supplies 4,461 3,948 6,000 0 100-451-290-270 Special Programs 37,446 98,347 84,800 0 100-451-290-273 Special Dept. Expense 9,829 111388 25,000 0 Supplies & Services 91,624 192,772 190,315 0
100-451-290-717 Landscape & Irrigation 0 36,744 25,000 0 100-451-290-720 Building & Structures 0 0 25,000 0
100-451-290-747 Park & Playground Equipment 94,211 120,606 130,000 0 100-451-290-753 Specialized Equipment 35,409 36,320 20,948 0 100-451-290-770 Computer Equipment 13,764 0 0 0
Capital Outlay 143,384 193,669 200,948 0
Total Recreation Measure H $247,483 $445.446 $455.232 $0 51 City of Los Banos
Recreation Measure H
2023-2024
Account Number Description 2020-2021 1021-2022 2022-2023 2023-2024 Actual Actual Estlmated Adoeted
101-451-290-101 Salaries 0 0 0 102,787
101-451-290-103 Overtime 0 0 0 3,000
101-451-290-120 Benefits 0 0 0 80,327
101-451-290-121 Benefits-PERS 0 0 0 8223
Penonnel Serrica 0 0 0 194,337
101-4S1-290-205 Facility Maintenance 0 0 0 130,000
101-451-290-231 Professional Services 0 0 0 16,400
101-451-290-236 Medical Services 0 0 0 275
101-451-290-237 Recruitment 0 0 0 300
101-451-290-238 Technical Services 0 0 0 25,000
101-451-290-250 Insurance 0 0 0 4,281
101-451-290-252 Communications 0 0 0 9,300
101-451-290-257 Travel & Training 0 0 0 5,000
101-451-290-260 Office Supplies 0 0 0 3,500
101-451-290-267 Genera) Material & Supplies 0 0 0 21,000 101-451-290-270 Special Programs 0 0 0 102,000
101-451-290-273 Special Dept Expense 0 0 0 58 000
Suppltet & Services 0 0 0 375,056
101-451-290-717 Landscape & Irrigation 0 0 0 225,000
101-451-290-718 Sidewalk Improvements 0 0 0 150,000
101-451-290-720 Building & Structw-es 0 0 0 130,000
101-451-290-740 Miscellaneous Equipment 0 0 0 60,000
101-451-290-747 Park & Playground Equipment 0 0 0 322,000 101-451-290-753 Specialized Equipment 0 0 0 12000
Capital Outlay 0 0 0 899,000
Total Recreation Measure H 0 0 0 1468 393
52 Recreation Measure H

SERVICES & SUPPLIES
205-FACILITY MAINTENANCE: Expenses related to the HV AC services for the Ranchwood building, College Greens building, Miller and Lux building and Scout Hut building. Expenses associated with fertilizer and turf improvements at the Oliveira Park soccer fields. Special projects such as the installation of a solar lighting at park locations including Citrus 1 Park, Meadowlands I Park, Canal Trail by the bridge and Gardens 1 Park. Expenses related to the replacement bark at the Dog Parle, gutter cleaning at the Community Center, landscape improvements along Highway I 52 and San Luis St and lighting improvements at the Veterans Parle flagpole area.
231-PROFESSIONAL SERVICES: Expenses related to officiating for programs such as yauth flag football, aduh basketball. youth volleyball. Legal costs associated to programs for contract ~tion and renewal.
238-TECHNICAL SERVICES: Expenses related to the contracting of services for the provision of an ice rink for the commµnity's use.
252-COMMUNICATIONS EQUIPMENT: Expenses related to service for tablets for the use of the Cartegraph asset management system and costs associated with the renewal of the Cartegraph system. 257-TRA VEL & TRAINING: Expenses related to the attendance of the CPRS conference and miniconference. Costs associated with the Maintenance Management School. Costs associated with tree trimming training.
167-GENERAL MATERIALS AND SUPPLIES: Expenses related to the purchase of protective scoreboard cages at Colorado Ballpark, installation of decomposed granite surfacing to the volleyball court at City Park and the replacement of the griddle for community events . .270-SPECIAL PROGRAMS/ACTMTIES: Expenses related to the purchase of youth sports equipment, uniforms and field paint. Expenses related to community events including the Halloween Fest, Egg Hunt, Movie Night in the Park, Volunteer Days, and Shaunessy Park Grand Opening. Costs associated with miscellaneous community programs such as 4H programming, Pulse Teen Group and Christmas decorations.
273--SPECIAL DEPARTMENTAL EXPENSE: Expenses related to the submission of grants, including the Clean Califomia grant, estimated at $5,000. Expenses related to the design and installation of park signage, estimated at $18,500. Expenses related to the renewal of the Tree Plotter tree inventory software, estimated at $5,000.

CAPITAL OUTLAY
717-LANDSCAPE & IRRIGATION: Expenses related to landscape improvements at~ St. Ballpark. estimated at $100,QOO. Expenses related to landscape improvements to the Ward Rd. medians, estimated at $75,000.
718-SIDEW ALK IMPROVEMENTS: Expenses related to the addition of ADA pathways along the perimeter of the ballfields at Tb St. Ballpark, estimated at $150,000. 53 720-BUJLDING & STRUCTURES: Expenses related to the installation of new flooring in the upstairs area of the Miller and Lux building, estimated at $40,000. Expenses related to the installation of new flooring and kitchen improvements in the Scout House, estimated at $40,000. Expenses related to the replacement of the basketball court at Meadowlands II, estimated at $30,000. 740-MISCELLANEOUS EQUIPMENT: Expenses related to camera improvements at the Community Center estimated at $60,000.
747-PARKAND PLAYGROUND EQUIPMENT: Expenses related to the installation of the Gardens 1 playground, estimated at $22,000. Expenses related to the purchase and installation of a playground at Gardens 3 Parle, estimated at $150,000. Expenses related to the purchase and installation of a playground at College Greens Park, estimated at $150,000.
75~SPECIALZJED EQUIPMENT; Expenses related to the purchase of a large projector screen for the stage area in the Grand Room of the Community Center. Estimated at $12,000. 54 TO:

FROM:

DATE:

LOsBanos
At t c- L.tossroad~ u1 L.·alifornia
Agenda Staff Report
Mayor & City Council Members
Josh Pinheiro, City Manager
Lucy Mallonee, MMC J).Jlr'\
City Clerk/Human Resources Director
September 6, 2023
TYPE OF REPORT: Consent Agenda
SUBJECT: Amending Division 1 - General - of the City's Policy & Procedures Manual Recommendation:

Attached please find a resolution for your review and consideration of approval that would add language to make Middle Managers who are hired or promoted into their positions on or after September 1, 2023, at-will employees.

Background:

The City Manager has the authority under Section 2-3.115 of the Los Banos Municipal Code to appoint, remove, promote and demote any and all officers and employees of the City, except the City Clerk, City Attorney, and City Treasurer.

Only the City Manager, City Attorney and Elected Officials are exempt from the personnel system. The City's Personnel Rules state that Department Heads (Manager) positions shall be at-will employees and Middle Managers currently operate within the normal Citywide appeals process.

Within the City's budget, and as a service organization, personnel costs are the biggest part of the City's expenditures. One of the City's primary focus is to keep the organization running effectively and efficiently. One tool to do this is by also instituting employment at 55 the pleasure of the Department Head and/or City Manager for Middle Manager positions as follows:

Assistant Fire Chief
Assistant Public Works Director
Battalion Chief
Finance Manager
Housing Program Manager
Facilities Manager
Parks & Recreation Operations Manager
Police Commander
Police Services Manager
Public Works Operations Manager
Public Works Supervisor
Recreation Supervisor
Senior Planner
If the added language to Division 1 is approved, Middle Managers will not serve probationary periods and will not be subject to the disciplinary process or any appeal process, except for the Police Commander, Assistant Fire Chief, and Battalion Chief who have appeal rights under the Public Safety Officers Procedural Bill of Rights (California Government Code Section 3300 et seq) or Firefighters Procedural Bill of Rights Act (California Government Code Section 3250 et seq) respectfully. These changes will not affect employees in existing Middle Manager positions but will apply to new hires and promoted into their positions on or after September 1, 2023.

Discussion:

The City would like to ensure that key City management positions are staffed in the manner most beneficial to conducting City business and providing vital services to the public. These senior level staff members serve as program managers for key City programs, and their successful performance is essential to conducting City business and providing high quality services to the public.

No Middle Manager positions are represented by bargaining groups in the City of Los Banos.

Attachment:

Resolution
56 RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS APPROVING AN
AMENDMENT TO DIVISION 1 - GENERAL OF

THE CITY'S POLICY & PROCEDURES MANUAL

TO ADD LANGUAGE REGARDING AT-WILL

EMPLOYEES
WHEREAS, the City Council of the City of Los Banos has received a request that Division 1 - General, of the City of Los Banos Policy & Procedures Manual, be amended to include language regarding at-will employees; and WHEREAS, the City Manager of the City of Los Banos has the authority under Section 2-3.115 of the Los Banos Municipal Code to appoint, remove, promote and demote any and all officers and employees of the City, except the City Clerk, City Attorney, and City Treasurer; and
WHEREAS, adding language to current City policy to allow the City Manager to hire at-will middle managers allows the City Manager greater flexibility in building a supportive management team who share the same management philosophies, styles, and principles; and
WHEREAS, the City Council has reviewed said request and approves the amendments to Division 1 - General, of the City of Los Banos Policy & Procedures Manual and shall read as attached on "Exhibit A".

NOW, THEREFORE, BE IT RESOLVED THAT the foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 6th day of August 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: Council Members
NOES:

ABSENT:

APPROVED:

Paul Llanez, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
57 THIS PAGE IS INTENTIONALLY LEFT BLANK
58 EXHIBIT A
SEC. 1019 AT-WILL STATUS OF NEW DEPARTMENT HEADS (MANAGERS) &

MIDDLE MANAGERS
Employees hired into or appointed to a City Department Head (manager) position on or after December 3, 2014 shall be at-will employees as that term is defined in Section 1009 of these Rules and in California law. The City need not state reasons for release of such identified at-will employees, and such employees have no right or expectation to have release or post-release proceedings, hearings, or appeals, except persons subject to the Public Safety Officers Procedural Bill of Rights (Gov. Code Section 3250 et seq).

Employees hired into or appointed to a City Middle Manager position on or after September 1, 2023 shall be at-will employees as that term is defined in Section 1009 of these Rules and in California law. The City need not state reasons for release of such identified at-will employees. and such employees have no right or expectation to have release or post-release proceedings, hearings or appeals, except persons subject to the Public Safety Officers Procedural Bill of Rights (Government Code Section 3250 et seq).

Specifically, the Police Chief and Police Commander shall be afforded the protections of subdivision (c) of Section 3304 of the Government Code~, and the Fire Chief, Assistant Fire Chief, and Battalion Chief shall be afforded the protections of subdivision (c) of Section 3254 of the Government Code.

The following Department Head (manager) positions are at:-will upon hire or promotion into the position on or after December 3, 2014:

Assistant City Manager
Community & Economic Development Director
Finance Director
Fire Chief
Human Resources Director
Parks & Recreation Director
Police Chief
Public Works Director/City Engineer
The following Middle Manager positions are at-will upon hire or promotion into the position on or after September 1 • 2023:

Assistant Fire Chief
Assistant Public Works Director
Battalion Chief
Finance Manager
Housing Program Manager
Facilities Manager
Parks & Recreation Operations Manager
Police Commander
59 Police Services Manager
Public Works Operations Manager
Public Works Supervisor
Recreation Supervisor
Senior Planner
No statement, whether oral or written, or conduct may change such at-will status, except ~a
formal resolution of the City Council resolved at a duly held meeting adopting a change to
this policy.

Employees serving as City Department Heads (managers) as of December 3, 2014 and Middle Managers as of September 1s, 2023 shall retain their status as "Regular Employees" unless said employees are hired into or appointed to a different Department Head Department Heador Middle Manager position in a different City department.

Employees who promote from "Regular" or other employment status with the City to an at::-will Department Head or Middle Manager position shall sign a notification and acknowledgment that at-will employment is a condition of employment in the employee's new position as a City Department Head or Middle Manager. /\ City employee who promotes into an at will Department Head position and is then terminated as a result of unsatisfactory performance shall be eligible to return to his or her former position if the position is vacant at the time the employee is terminated. If the employee's former position is not vacant when the employee is terminated, the employee shall not have the right to return to any other position with the City. 60 TO:

FROM:

DATE:

LOsBanos
\ tl1e Crossroads of Cctl~forui,1.

Agenda Staff Report
Mayor Llanez & City Council Members
William A. Vaughn, City Attorney
September 6, 2023
SUBJECT: License Agreement/Cresthills Sanitary Sewer
TYPE OF REPORT: Consent Agenda
Recommendation:

Staff recommends that the City Council take the following actions:

Adopt Resolution __

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS

BANOS APPROVING AND AUTHORIZING THE CITY MANAGER TO

EXECUTE A LICENSE AGREEMENT BETWEEN THE CITY OF LOS

BANOS AND THE CENTRAL CALIFORNIA IRRIGATION DISTRICT
Background:

The City of Los Banos has operated and maintained an underground sanitary sewer pipeline crossing within the Central California Irrigation District's Main Canal right-of-way commonly known as the City of Los Banos Cresthills SS Crossing connected to the Cresthills Sanitary Lift Station as described in Attachment A and B.

The Central California Irrigation District requires that the City of Los Banos enter into a License Agreement with the Central California Irrigation District, the purpose of which is to permit the City of Los Banos to continue to maintain and operate the 61 underground sanitary sewer pipelines within and under the CCID Main Canal right-ofway.

Discussion:

The essential terms of the proposed license agreement are as follows:
• CCID grants to CITY a nonexclusive license, including reasonable ingress and egress to construct, operate, repair and maintain the City's sewer pipelines from the Cresthills Lift Station to and under the CCID Main Canal Right of Way and connecting to the City's main sewer line to the north of the CCID Main Canal.
• CITY will at all times conduct its construction, operation and maintenance of the Facilities within the License Area as herein conferred so as not to interfere with the operations of CCID.
• CITY shall immediately upon becoming aware of any breach, spill, rupture, or similar event, remediate any condition caused by the Facilities or the failure of the Facilities which interferes with the CCID'S ability to deliver water to its customers.
• The License shall not terminate without cause. The License shall cease and terminate at such time as the Facilities or any portion thereof shall no longer be used by CITY for a period of five (5) years, and any interest of CITY shall thereupon revert to CCID. If at any time during the term of the License CCID's operations require a change in the location of CITY'S Facilities, CITY shall relocate the same at its own cost and expense. • CITY shall indemnify and hold CCID, its directors, employees, and agents harmless from any and all claims, demands, actions, causes of action, or obligations resulting from, or in any manner arising out of CITY'S construction, operations, maintenance or replacement of the Facilities or any portion of the Facilities, or CITY'S occupation or use of the License Area excluding therefrom liability arising from the sole or active negligence or willful misconduct of CCID.
• Standard insurance requirements requiring the CITY to maintain $1,000,000.00 in liability coverage.

A copy of the proposed License is attached.

Fiscal Impact:

None.
62 Reviewed by:

Brent Kuhn,
Interim Finance Director
Attachments:

Maps
63 THIS PAGE IS INTENTIONALLY LEFT BLANK
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66 RESOLUTION NO.

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

APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A

LICENSE AGREEMENT BETWEEN THE CITY OF LOS BANOS AND THE

CENTRAL CALIFORNIA IRRIGATION DISTRICT
(Cresthills Sanitary Sewer Line]
WHEREAS, the City of Los Banos has operated and maintained an underground sanitary sewer pipeline crossing_within the Central California Irrigation District's Main Canal right-of-way commonly known as the City of Los Banos Cresthills SS Crossing connected to the Cresthills Sanitary Lift Station as described in Exhibit A and B to the License Agreement attached hereto and incorporated herein by this reference; and WHEREAS, the Central California Irrigation District requires that the City of Los Banos enter into a License Agreement with the Central California Irrigation District, the purpose of which is to permit the City of Los Banos to continue to maintain and operate the underground sanitary sewer pipelines within and under the CCID Main Canal right-of-way; and WHEREAS, the proposed license agreement is exempt from the provisions of the California Environmental Quality Act ("CEQA") in accordance with section 15061 (b); (General Rule) of the CEQA Guidelines; as it pertains to this project, the license agreement and the continues use of the existing pipelines within the Main canal right-of-way, will not have a significant effect on the environment; and section15061(b) provides an exception for projects where it can be seen that certainty that there is no possibility that the proposed project may have a significant effect on the environment.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Los Banos as follows:

1. The Los Banos City Council finds and determines that the matters set forth in the Recitals to this Resolution are true and correct statements.

2. The Los Banos City Council hereby authorizes and approves the License Agreement as presented herewith and authorizes the City Manager to execute said Agreement.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 6th day of September 2023, by City Council Member _ ___ , who moved its adoption, which motion was duly seconded by City Council Member ____ , and the Resolution was adopted by the following vote:

AYES:

NOES:

ABSENT:
67 APPROVED:

Paul Llanez, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
68 LICENSE AGREEMENT
THIS AGREEMENT is made and entered into this __ day of _ _ _ , 2023, between CENTRAL CALIFORNIA IRRIGATION DISTRICT, an irrigation district formed pursuant to California law, hereinafter referred to as "DISTRICT," and THE CITY OF LOS BANOS, a California municipal corporation, hereinafter referred to as "LICENSEE," who for full and adequate consideration and in recognition of the mutual promises, covenants, and conditions set forth herein, agree as follows:

RECITALS:

A. LICENSEE has operated and maintained an underground sanitary sewer pipeline crossing within the DISTRICT'S Main Canal right-of-way ("the Property") at the locations shown and in accordance with the as-built engineering plans and specifications attached as Exhibits "A" and "B" and incorporated herein by this reference.

B. As the result of a recent break in LICENSEE's pipeline, LICENSEE, with the permission and cooperation of DISTRICT, has at its own cost and expense replaced the original pipeline at the locations shown and in accordance with the as-built engineering plans and specifications attached as Exhibits "A" and "B" and incorporated herein by this reference.

C. The new replacement sanitary sewer pipeline facilities ("the Facilities") consist of two parallel 10-inch PVC pipelines, with proper valves, conduits and fittings, and devices for controlling electrolysis, and appurtenances for conveying wastewater, together with aboveground structures and equipment, marker posts and associated paving, fencing and other appurtenances related thereto.

D. The purpose of this License Agreement is to provide for the City's use of the Property and for ingress and egress to the Property for continued operation, inspection, repair, 1 69
replacement, and removal of the Facilities in accordance with work schedules approved by DISTRICT.

NOW, THEREFORE, in consideration of the Recitals set forth above, and the mutual covenants, promises and conditions set forth herein, the parties agree as follows:

AGREEMENT

1. DISTRICT grants to LICENSEE a nonexclusive license, including reasonable ingress and egress to the Property, to construct, operate, repair and maintain the Facilities in conformity with the as-built plans and specifications set forth in EXHIBIT "B" at the locations shown in EXHIBIT "A," ("the License Area") subject to the limitations hereinafter set forth, and payment by LICENSEE of the applicable fee as provided in the schedule attached as EXHIBIT "C." The License Area shall not be used for any other purposes and use shall be only in accordance with work schedules and terms established by DISTRICT in writing. Prior to the conduct of any maintenance or testing work, LICENSEE shall obtain written approval of the schedule for performance of work, which DISTRICT shall not unreasonably withhold.

2. LICENSEE waives any claim for damages against DISTRICT, its employees or agents, as a result of injury or damage to the Facilities, including any interruption of its service resulting from DISTRICT'S operation or maintenance of its canals, rights-of-way and appurtenant facilities, excluding from this waiver claims arising from the sole or active negligence or willful misconduct of DISTRICT.

3. LICENSEE will at all times conduct its construction, operation and maintenance of the Facilities within the License Area as herein conferred so as not to interfere with the operations of DISTRICT. In the event that LICENSEE shall damage or injure any of DISTRICT'S canals, canal banks, culverts or any other facility appurtenant to the operation of DISTRICT's canal system, LICENSEE shall promptly repair the same, in a manner and in 2 70
accordance with the specifications of the DISTRICT'S engineer, or upon its failure to do so, DISTRICT may make necessary repairs and replacements and LICENSEE shall promptly repay DISTRICT for the cost of such repairs and replacements. DISTRICT will attempt to notify LICENSEE of the need to make necessary repairs and/or replacements prior to performing the work itself.

4. LICENSEE shall immediately upon becoming aware of any breach, spill, rupture, or similar event, remediate any condition caused by the Facilities or the failure of the Facilities which interferes with the DISTRICT'S ability to deliver water to its customers. If LICENSEE fails to promptly remediate the condition, the District shall be entitled to perform any necessary remediation and recover the reasonable costs thereof from LICENSEE upon demand.

5. LICENSEE agrees that no changes shall be made to the as-built plans and specifications set forth in EXHIBIT "B," or the routing of the Facilities as set forth in EXHIBITS "A" and "B" or the terms of access or schedule of work unless approved in writing by the DISTRICT'S Engineer. LICENSEE shall develop plans for the maintenance, repair, reconstruction, replacement and removal of the Facilities, and such plans shall be provided to the DISTRICT'S Engineer at least 10 business days prior to any work on the Facilities. Approval by the DISTRICT'S Engineer shall not be unreasonably withheld, conditioned or delayed. If DISTRICT does not consent or object in writing to the changes to the plans within 10 business days after its receipt of LICENSEE'S request for consent, the DISTRICT'S consent will be deemed given. Any additional costs resulting from necessary changes to plans for work on the facilities shall be borne by LICENSEE.

6. If at any time during the term of this Agreement DISTRICT' s operations require a change in the location of LICENSEE'S Facilities as shown on Exhibits "A" and "B", LICENSEE shall relocate the same at its own cost and expense. 3 71

7. LICENSEE agrees not to assign this Agreement or any interest therein without the written consent of DISTRICT first had and obtained. Any attempt to assign absent District's consent shall be void and of no force or effect.

8. LICENSEE shall maintain and provide proof to DISTRICT that LICENSEE and LICENSEE'S prime contractor for the installation of the Facilities and for any other work to maintain, repair, reconstruct, replace or remove the Facilities, have insurance against claims for injuries to persons or damage to property that complies with the insurance provisions contained in Attachment 1 to this Agreement, and said insurance provisions are incorporated herein as if set forth in full. Self-Insurance or Insurance Pooling arrangements shall be acceptable so long as the self-insured LICENSEE warrants that it will maintain coverage sufficient to cover the liabilities specified herein that may arise from this Agreement, and that the Self Insurance Program or Pool in which LICENSEE participates will furnish to DISTRICT copies of the applicable certification of self-insurance reflecting this coverage. Said coverages must remain in effect for the full term of this Agreement.

9. LICENSEE will not store, treat or dispose of any hazardous material or hazardous waste in, on, or about the License Area or any part of the Property. LICENSEE will not permit the License Area to be used or operated in a manner that may cause the Property or any part of the Property to be contaminated by any hazardous material or hazardous waste. As used herein, "Hazardous Materials" means asbestos, explosives, radioactive materials, hazardous waste, hazardous substances, or hazardous material including, without limitation, substances defined as "hazardous substances" in any federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning hazardous materials, wastes or substances now or at any time hereinafter in effect. 4 72

10. If, for any reason, material from LICENSEE's facility shall enter DISTRICT's Canal, LICENSEE shall implement the Spill Emergency Response Plan in compliance with the then-current State Water Resources Control Board (SWRCB) State Waste Discharge Requirements. In addition to the foregoing, LICENSEE and DISTRICT shall develop a mutually agreeable Spill Response protocol that shall address, among other things, communications and notification protocols, sharing oftest results, and remediation planning.

11. LICENSEE shall indemnify and hold DISTRICT, its directors, employees, and agents harmless from any and all claims, demands, actions, causes of action, or obligations resulting from, or in any manner arising out of LICENSEE'S construction, operations, maintenance or replacement of the Facilities or any portion of the Facilities installed hereunder, or LICENSEE'S occupation or use of the License Area excluding therefrom liability arising from the sole or active negligence or willful misconduct of DISTRICT. The indemnification hereunder shall include, but not be limited to, any claims, demands, actions or causes of action, including claims and actions involving toxic waste, toxic materials or any substance so defined pursuant to any state or federal law or administrative regulation, including, but not limited to, any cleanup of toxic waste or toxic materials or substances which may be required by any agency, whether state, federal or local. This indemnification includes attorneys' fees in any action or proceeding arising out of matters set forth in this Agreement. This indemnification shall survive any termination of this Agreement. If LICENSEE'S negligent actions or unreasonable omissions shall cause damage to landowners or tenants due to interruption of water deliveries by DISTRICT or due to pollution of water received by customers of DISTRICT, LICENSEE shall be responsible for damages to the extent caused by LICENSEES negligent actions or unreasonable omissions, suffered by those persons and all reasonable expenses of DISTRICT 5 73
and the persons damaged in attempting to mitigate the damages. Those landowners and tenants shall be a third-party beneficiary of this Agreement.

12. All notices in connection with this Agreement, or any performance thereof, shall be made as follows: To DISTRICT, by notifying Central California Irrigation District, District Engineer, Post Office 1231, Los Banos, CA 93635; To LICENSEE, by notifying City of Los Banos Public Works Department, 411 Madison Avenue, Los Banos, CA 93635.

13. This agreement shall not terminate without cause. In the event of the failure of LICENSEE to abide by the conditions, restrictions, limitations, or covenants of this Agreement, DISTRICT shall give LICENSEE ninety (90) days written notice to correct the same. Upon LICENSEE'S failure to make the correction within the notice period, DISTRICT may, at its option, immediately and without further notice to LICENSEE, terminate this Agreement.

Waiver by DISTRICT of any event or events of default shall not constitute waiver of any other event or events of default hereunder.

14. The license herein conferred shall cease and terminate at such time as the Facilities or any portion thereof shall no longer be used by LICENSEE for a period of five (5) years, and any interest of LICENSEE shall thereupon revert to DISTRICT.

15. This Agreement shall supersede and replace any and all other agreements that may be existing for this crossing.

16. This Agreement shall be binding upon the successors and assigns of the parties hereto. This Agreement and items incorporated herein contain all of the agreements of the parties hereto and with respect to the matters contained herein, and no prior agreement or understanding pertaining to any such matters shall be effective for any purpose. No provisions of this Agreement may be amended or modified in any manner whatsoever except by an agreement in writing signed by duly authorized representatives of each of the parties. 6 74

17. This Agreement shall be construed under and shall be deemed to be governed by the laws of the State of California, without giving effect to any principles of conflicts of law if such principles would operate to construe this Agreement under the laws of any other jurisdiction. Venue for all disputes under this Agreement shall be the Superior Court for the County of Merced.

18. This Agreement may be signed in any number of counterparts by the parties hereto, each of which shall be deemed to be an original, and all of which together shall be deemed one and the same instrument. This Agreement, if executed in counterparts, shall be valid and binding on a party as if fully executed all on one copy.

IN WITNESS WHEREOF the parties have set their hands the day and year first above written.

DATE: _________ _

CENTRAL CALIFORNIA

IRRIGATION DISTRICT
By: ______ _______ _
ERIC FONTANA, President
By: ___________ _
CRYSTAL GUINTINI, Secretary
DATE: ______ ___ _

CITY OF LOS BANOS
By: _______ ______ _
JOSH PINHEIRO, City Manager
By: _____________ _
7 75

THIS PAGE IS INTENTIONALLY LEFT BLANK
76 ATTACHMENT 1
77 THIS PAGE IS INTENTIONALLY LEFT BLANK
78 ATTACHMENT 1 - INSURANCE REQUIREMENTS
The Contractor shall procure and maintain, for the duration of the contrac~ insurance against claims for injuries to persons or damage to property which may arise from or in connection with the operations. products and performance of work heretmder by Contractor, bis agents. representatives. employees, or subcontractors.

Section 1-01 Laws, Regulations and Permits - The Contractor shall give all notices required by law and comply with all laws, ordinances, rules and regulations pertaining to the conduct of the work and premises. The Contractor shall be liable for all violations of the law in connection with the contract If the Contractor observes that the drawings or specifications are at variance with any law or ordinance , rule or regulation, he shall promptly notify the engineer in writing and any necessary changes shall be made by written instruction or change order. If the Contractor or his subcontractors performs any work knowing it to be contrary to such laws, ordinances. rules or regula1ions and without giving notice to the engineer, the Contractor shall bear .all costs arising therefrom.

Section 1--02 Safety & Environmental Protection - The Contractor shall execute and maintain the work and premises so as to avoid injmy or damage to any person or property.

The Contractor shall comply wi1h 1he requirements of the specifications relating to safety measures applicable in particular operations or kinds of work.

In carrying out his war~ the Contractor shall at all tim~ exercise all necessary precautions for the safety·of employees and environmental protection of premises, and be in compliance with all federalt state and local statutory and regulatory requirements including State of California, Division of IndUS'trial Safety (Cal/OSHA) regulations, Cal/EPA and the U.S. Department of Transportation Omnibus Transportation Employee Testing Act (as applicable).

If excavations or trench work requiring a Cal/OSHA permit are to be undertake~ the Contractor shall submit their excavationhrench work safety plan and permit before work begins.

Section 1..03 Commercial General Liability and Automobile Liability Imurance - The Contractor shall provide and :rnab1tain the following commercial general liability and automobile liability insurance:

Section 1~03.01 Coverage - Coverage for commercial general liability, and aut.omobile liability :insurance shall be at least as broad as the following:

1. Insurance Sei:vices Office Commercial General Liability coverage (Occurrence Form CG 0001)

2. Insmance Services Office Form CA 0001 (ed 1/87) covering Automobile Liability, Symbol I (any auto)
ATTACHMENT I-Pagel of4
79 Section 1..03.02 Limits - The Contract shall maintain limits no less than the following:

I. General Liah@y- One million dollars ($1,000,000) per occurrence for bodily injury, personal injwy and property damage. If Con:u;nercial General Llability Insurance or other form vvith a general aggregate limit is used, either the general aggregate limit shall apply separately to the project/location (with ISO CG 250 I or insurer's equivalent endorsement provided to the District) or the general aggregate limit shall be twice the required occurrence limit

2. Automobile LiabiJity- One million dollars ($1,000,000) per accident for bodily injmy and property damage combine single limit
Section 1-03.03 Required Provisions- The general liability and automobile liability policies are to contains or be endorsed to contain the following provisions:

1. The District. its directors, officers, employees, agents and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the sc:ope of protection afforded to the District, its directors, officers, employees, agents and volllllteers.

2. For any claims related to this agreement. the Contract.or~s insurance shall be primary insurance as respects the District, its directors, officers, employees, agents and volunteers. Any insuran0et pooled coverage or self-insurance maintained by the District, its directors, officers, employees, agents and volunteers shall not contribute to it.

3. Any failure to comply with reporting or other provisions of the policies including breaches of wammties shall not affect coverage provided to the District, its directors, officers. employees, agents and volunteers.

4. The Contractor9s insurance shall apply separately to each insured against whom claim is made or suit is brought, except wi'lh respect to the limits of the insurer9 s liability.

5. Each insurance policy required by this clause shall be endorsed to st.ate that coverage shall not be suspended, voided. canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, retum receipt requested, bas been given to the District.

Such liability insurance shall indemnify the Contractor and his subcontractors against loss from liability imposed by law upon or assmned under contract by, the Contractor or his A ITACHMENT l - Page 2 of 4
80 subcontractors for damages on acc01mt of such bodily injury (including death), property damage, personal injury and completed operations and products liability.

Such insurance shall be provided on a policy form written by Wldeiwriters through an agency satisfactory to the District (see Section 1-03.05), which includes-a cross liability clause, and covers bodily injury and property dam.age liability, owned, and non--<>wned ,·ehicles and equipment, blanket contractual liability and completed operations liability.

Such liability insurance shall include explosion, collapse, undei:grollnd excavation and removal oflateral support The District, its directors, officers. employees, agents and volunteers shall be named as additional insw-ed on any such policies. An additional insured endorsement (ISO CG 2010 or equivalent) (modified to include provisions 1 - 5 above) and a certificate of .insurance (Accord Form 25-S or equivalent), shall be provided to the Dis1rict.

Section 1-03.04 Deductibles and Self-Imured Rf('tenuons -Any deductible or selfinsured retention must be declared to and approved by the District At the option of the District, either the insurer shall reduce or eliminate such deductioles or self-insured retentions.

Section 1~03.05 Acceptability of Insurers - Insurance is to be plaoed with insurers having a current A.M. Best's ra:ting of no less than A•:V11 or equivalent.

Section 1-04 Workers' Compensation and Employer's Liability Inmrance - The c.ontractor and all subcontractors shall cover or insure under the applicable laws relating to workers' compensation insurance, all of their employees working on or about construction site, regardless of wheth~ such insurance is mandatory or merely elective under the law, and the Contractor shall defend, protect and save harmless the District, its directors, officers, employees, agents and volunteers from and against all claims, suits, and actions arising from any failme of the Contractor or any suboontractor to maintain such msurance.

Before beginning work:, the Contractor shall furnish to the District satisfactory proof that he bas taken out, full compensation insurance for all persons employed directly by the Contractor or through subcontractors in carrying out the work contemplated under this contrac~ all in accordance with the "Workers' Compensation and Insurance Act," Division IV of the Labor Code of the State of California and any Acts am.endatory thereof.

The Con1ractor sball provide employer's liability insurance in the amount of, at least $1,000,000 per accident for bodily injury and disease.

The Contractor shall provide the District with a certificate of Workers' Compensation and Employer's liability insurance ooverage.

Section 1-05 Evidences and Cancellation of Insurance-Prior to execution of the contract, the Contractor shall file with the District evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 2010 (or insurer's equivalent) signed by the ATTACHMENT l-Page3 of4
81 insurer's representative and certificate of insurance (Accord Form 25~S or equivalent). All evidence of insurance shall be certified by a properly authorized officer, agent or qualified representative of the insurer and shall certify the names of the iosured, any additional primary insurers, where appropriate, the type and amount of insurance, the location and operations to which the insurance applies, the expiration date, and that the insurer will give by certified mail, written notice to the District at least t1iirty (30) days prior to the effective date of any cancel.lati.on, lapse or material change in the policy.

The Contractor shall, upon demand of the Dis1ri~ deliver to the District all such policy or policies of insurance and the receipts for payment of premiums thereon at any time over the duration of the contract.

A 'ITACHMBNT 1 - Page 4 of 4
82 EXHIBIT A
83 THIS PAGE IS INTENTIONALLY LEFT BLANK
84 City of Los Banos

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92 1335 West'T' Sueet
POBoxU31
Los Banos, CA 93635

BOARD OF DIRECTORS

JAMES O'BANION
Pre.sident

ERIC FONTANA
Vice President

CHRIS MEDEIROS
KIRK.JENSEN

ANDREWBLOOM
IExhibit C I
(209) 826-1421
fu(209)826-3184
www.a:idwatcr.org
JARREl"r MARTIN
General. Manager

MARIANNE MARTIN
Secrerary..Comroller
MINASIAN, MEITH, SOARF.S,

SEXI'ON & COOPER,,LLP
Leg,i)Counsel
License Agreement Encroachment Permit Fees
to CCID Consumers
October 31, 2019
License Agreement:

Underground Oossing
Above Ground Facility
Overhead Crossing
License Agreement Assignments
Encroachment Permits
(l.f separate Jrom a license}
$1~000
$800
$600
$500
$200
NOTE; The above charges shall apply to encroachments that have no direct benefit to CCID. 93 THIS PAGE IS INTENTIONALLY LEFT BLANK
94 TO:

FROM:

DATE:

LOsBanos
At the Crossnmcl · ia
Agenda Staff Report
Mayor Llanez and City Council Members
Stacy Souza Elms, Community and Economic Development Director ~ September 6, 2023
TYPE OF REPORT: Consent Agenda
SUBJECT: Out of Boundary Service Agreement (Water) for Badger Flat Self Storage Facility
Recommendation:

That the City Council adopt a Resolution approving the Out of Boundary Service Agreement and authorize the City Manager to execute the agreement for water services with Hostetler Ranches, LLC, located at 15054 Badger Flat Road, Assessor's Parcel Numbers: 081-130-017, 020, 021, and 022.

Discussion:

The City of Los Banos has received a request to provide water service for the future development of a self-storage facility on 14.1 acres adjacent to the city limits. The property is located on Badger Flat Road, north of the existing StorMax Facility, west of the Los Banos Municipal Airport, and southwest of the Main Canal. The property is currently utilized as an almond orchard.

The property owner has requested that the City allow a connection to the existing City water main located on Badger Flat Road which is adjacent to the property.

The water service installation would require minimal construction improvements at the property owners' expense. The owner will be subject to pay a City Water Impact Fee. All construction needed to install the water service will be required to meet City of Los Banos 1 95
Standards and Specifications. The allowance of the water service within the County is subject to LAFCO approval. The City Attorney prepared the attached Out of Boundary Service Agreement. All costs subject to this Agreement are to be paid for by the owner.

Fiscal Impact:

The addition of water services to the City of Los Banos water system continues to burden the system. However, the water impact fee paid by the property owner goes toward future infrastructure projects specified in the Water System Master Plan.

The property owner will also be required to pay water service rates as currently applicable, and all costs associated with this Agreement.

Reviewed by:

Josh
Attachments:

1. Resolution

2. Out of Boundary Service Agreement

3. Site Map

4. Site Plan
Brent Kuhn, Finance Director
2 96
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LOS BANOS AUTHORIZING THE CITY MANAGER TO

EXECUTE AN OUT OF BOUNDARY SERVICE AGREEMENT

UPON LAFCO APPROVAL
(APN 081-130-017, 081-130-020, 081-130-021, and 081-130-022) WHEREAS, pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, a city may by resolution adopted by its legislative body, make a proposal to provide new or extended services by contract or agreement outside its jurisdictional boundaries; and
WHEREAS, the Property Owner owns the real property located at 15054 Badger Flat Road, Los Banos, Merced County, California outside the Los Banos city limits and within the City's Sphere of Influence (APN 081-130-017, 081-130-020, 081-130-021, and 081-130-022) currently unimproved but planned for a Storage and RV Parking Development; and
WHEREAS, the Property has no potable water source; and
WHEREAS, the Property Owner desires to connect the future development located at the Property to City of Los Banos water service; and WHEREAS, the Property Owner has authorized the City of Los Banos to process an application to Merced County LAFCO for approval of a proposal for out of area agreement in order to provide potable water for the Property pursuant to the CorteseKnox-Hertzberg Local Government Reorganization Act of2000; and WHEREAS, the Property Owner shall sign an Out of Boundary Service Agreement prior to the Out of Boundary Service Application being submitted to LAFCO and reimburse the city for all costs associated with the LAFCO application and processing fees.

NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Los Banos

1. The Los Banos City Council determines:
a. That the request for service is within the jurisdictions sphere of influence and that annexation is not a logical alternative at this time to extending services beyond the jurisdictional boundaries of the City;
b. That the provision of the out of area water supply will provide potable water to the proposed development of the parcel and will promote the public health and safety. 1 97
c. The proposal will have minimal growth inducing impacts; is consistent with the Los Banos General Plan; the City has the ability to provide service without detracting from current service levels; and the proposal will not contribute to the premature conversion of agricultural land or open space.

2. The Los Banos City Council does authorize the submittal of the application for the out of area agreement in order to provide potable water for the Property;

3. That the City Manager is authorized to execute the out of boundary water supply agreement in the form presented herewith upon LAFCO approval.

The foregoing Resolution was introduced at a regular meeting of the City Council of the city of Los Banos held on this __ day of ___ 2023, by Council person ___ , who moved its adoption, which motion was duly seconded by Council person , and the Resolution was adopted by the following vote: ---· AYES:

NOES:

ABSENT:

APPROVED:

Paul Llanez, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
2 98

OUT OF BOUNDARY SERVICE AGREEMENT

BETWEEN THE CITY OF LOS BANOS
AND

HOSTETLER RANCHES, LLC
(APN 081-130-017, 081-130-020, 081-130-021, and 081-130-022) THIS AGREEMENT is made and entered into this _day __ of 2023, and between the CITY OF LOS BANOS, a California Municipal Corporation, herein referred to as "City", and HOSTETLER RANCHES, LLC, owner of certain property located in the unincorporated territory of the County of Merced, herein referred to as "Owner".

WHEREAS, Owner owns the property located in the unincorporated territory of the County of Merced that is described and depicted in the legal description attached hereto marked Exhibit "A" and by this reference incorporated herein and referred to as "the Property"; and, WHEREAS, the Property is currently unimproved; and,
WHEREAS, Owner is proposing to develop the property with self-storage units, RV parking, and an office ("Property Improvements"). Owner has applied to City for authorization to connect the Property Improvements to the potable water system that is owned and operated by City for the benefit of properties located within the boundaries of the City; and, WHEREAS, in accordance with California Government code 56133, City is authorized to provide potable water service to property located outside of the incorporated territory; and, WHEREAS, City has determined that Owner's use of the Property for the Property Improvements described herein conforms to the applicable provisions of the City of Los Banos Municipal Code ("Code"); and,
WHEREAS, by this Agreement, Owner undertakes to comply with all other requirements and agrees to all other covenants provided for in the Code and other policies of the City that constitute further conditions on the provision of City water service to property located outside of the service area of the City.

NOW, THEREFORE, City agrees to provide potable water service to the Property, and Owner agrees to accept potable water service on the Property from City subject to all of the conditions set forth herein:

1. OWNER'S USE OF WATER. The City water service provided pursuant to this Agreement shall be used on the Property for the Property Improvements described herein and for no other purpose. The parties specifically understand and agree that the City is under no obligation to provide water services beyond the scope as defined in this paragraph 1.

2. WATER MAIN EXTENSIONS; OTHER PUBLIC FACILITIES. Connection of the Property Improvements to the City water system shall be made in conformance with the 1 99
applicable Code, Water, and Construction Standards, and with any other City policies or requirements applicable thereto. In the event a water main extension or other public facilities are required in order to connect the Property Improvements to the City water system, Owner shall cause such main extension or other facilities to be constructed and installed at Owner's sole cost and expense, and in accordance with plans and specifications approved by the City's Public Works Director and/or City Engineer.

3. WATER METER REQUIREMENTS. The size of the water supply system for the Property and Property Improvements shall not exceed the size of a system that can be connected to and metered by a I-inch water meter.

4. WATER CHARGES. Owner shall be subject to and pay all applicable user charges, rates, and fees as are in effect at the time of the service, as set forth in the Code and all implementing Resolutions, as may be amended from time to time, without regard for its location outside the boundary of the City. Owner shall be subject to the same charges, rates, and fees assessed to other similar classes of use for the use of water services located within the City boundaries without regard for its location outside the boundary of the City.

5. WATER FEES. Owner shall pay all applicable water fees in accordance with the Code and all implementing Resolutions, as may be amended from time to time, without regard for its location outside the boundary of the City, including but not limited to connection fees and water development fees as are in effect at the time of actual connection to City's water system.

Owner shall be subject to the same charges, rates, fees assessed to other similar classes of use for the use of water services located within the City boundaries without regard for its location outside the boundary of the City.

6. REIMBURSEMENT OF CITY COSTS. Owner shall reimburse City for all actual and reasonable costs incurred by the City relating to Owner's request for water services including but not limited to City's staff time, review of calculations, plans, specifications, cost estimates, property descriptions and right-of-ways, CEQA compliance, necessary LAFCO application, legal expense, and inspection of the improvements.

7. ADDITIONAL CONDITIONS OF WATER SERVICE. Owner agrees to comply with all system wide regulations now or hereafter adopted by City bearing on the provision of potable water to property and improvements connected to City water system, specifically including, but not limited to, the system wide regulations adopted in the Code and all implementing Resolutions, including but not limited to City's water conservation regulations. Owner shall be subject to the same regulations as other similar classes of use for the use of water services located within the City boundaries without regard for its location outside the boundary of the City, including all legal remedies, criminal or civil, which may be pursued by the City to address any violation of the Code.

In addition, Owner agrees that the water service provided pursuant to this Agreement is being provided on an "as available" basis. Owner understands that in a time of water shortages, City will be entitled to reduce or even interrupt such water service, all as determined by City in its sole discretion.
2 100
Water service to said property is conditioned on the approval by the Merced County Local Agency Formation Commission ("LAFCO ") in the manner required by Section 56133 of the California Government Code. In the event that the LAFCO imposes conditions on the extension of service to the Property, which in the sole discretion of the City are unacceptable, the City shall have no responsibility to provide said service and may terminate this Agreement.

8. ANNEXATION OF THE PROPERTY TO CITY. In the event the Property is contiguous to incorporated boundaries of City on the date this Agreement is executed and meets all other statutory standards required to annex the Property to the incorporated territory of City, or in the event the Property becomes contiguous to the incorporated boundaries of City subsequent to the date this Agreement is executed and meets all other statutory standards required to annex the Property to the incorporated territory of City, Owner wiU not oppose nor protest any proceedings commenced by City, either before City or LAFCO, to annex the Property to the incorporated territory of City.

Owner understands and agrees that this Agreement, and the covenants contained herein, is intended to be and shall act as a complete and irrevocable waiver of all rights to protest annexation of the Property to the incorporated territory of City pursuant to the provisions of the Cortese -Knox Local Government Reorganization Act of2000 (commencing with Section 56000 of the California Government. Code), or any other law of the State of California pertaining to City annexation proceedings, whether or not such protest rights are sought to be exercised as an owner of property that is the subject of annexation proceedings or as a registered voter residing on property that is the subject of annexation proceedings.

Owner also agrees that any lease, rental agreement or other agreement, including a deed, hereafter executed by Owner, or any person succeeding to Owner's interest in the fee title to the Property or any part thereof, that grants to a natural person or persons the right to possess and occupy the Property or any part thereof as a personal residence, shall contain the following covenant:
"This Agreement and the right of lessee or tenant to possess and occupy the property leased or rented pursuant to this Agreement shall be subject to the provisions of the Out of Boundary Service Agreement that was executed and recorded against this Property at the time of and as a condition of connecting the Property to the water system owned and operated by the City of Los Banos. That Agreement contains a complete and irrevocable waiver of any legal right to protest annexation of the Property leased or rented pursuant to this Agreement to the incorporated territory of the City of Los Banos, and is binding on all persons possessing or occupying such Property. That Agreement will preclude any person possessing and occupying the Property leased or rented pursuant to this Agreement from protesting annexation of such property to the incorporated territory of the City of Los Banos either before the Merced Local Agency Formation Commission, the City Council of the City of Los Banos, or in any other manner authorized by the laws of the State of California pertaining to City annexation proceedings."
3 101

9. VIOLATIONS. In the event City water service is being utilized on the Property or for the Property Improvements in violation of the provisions of this Agreement, including any condition on the provision of water service to the Property or the Property Improvements incorporated by reference into this Agreement, City shall cause notice of the violation to be served on the Owner, the person( s) succeeding to Owner's interest in the Property or that portion of the Property in violation of this Agreement, or the occupant(s) of the Property or portion of the Property in violation of this Agreement.

The notice of violation shall be served by first class mail addressed to such person(s) at their last known address, as evidenced by the mailing address of the last paid city water and wastewater service bill. The notice shall describe the nature of the violation and provide such person(s) with at least 15 days from the date of the notice to cure the violation.

In the event, such person( s) fails to cure the default within the time set forth in the notice of violation, the City' s Public Works Director shall discontinue water service to the Property without further notice until such time as the violation has been cured. A waiver by City of a violation of any provision of this Agreement shall not be deemed a waiver of any subsequent violation of the same or a similar provision, regardless of whether the violation is of the same or a similar character.

The procedure provided in this paragraph 9 shall be cumulative and in addition in addition to all other legal remedies, criminal or civil, which may be pursued by the City to address any violation of this agreement or the Code.

10. RECORDATION; COVENANT RUNNING WITH THE PROPERTY. Owner understands and agrees that the City shall record this Agreement against the Property and this Agreement will run with the Property and each part thereof until terminated in the manner provided herein, and shall be binding on all persons or legal entities succeeding to Owner's interest in and to the Property or any part thereof

11. AGREEMENT TERMINATION. This Agreement and all of Owner's duties and obligations hereunder shall terminate upon annexation of the Property to the incorporated territory of City, in that such time, Owner shall become entitled to receive City water service on the Property subject to the same terms and conditions as any other owner of property located within the incorporated territory of City.

12. ENTIRE AGREEMENT. This Agreement represents the entire agreement between City and Owner regarding the provision of City water service to the Property and /or Property Improvements. No verbal agreement or representation regarding this Agreement or city water and wastewater service provided pursuant to this Agreement shall be held to vary the provisions of this Agreement.

IN WITNESS WHEREOF, City and Owner have executed this Agreement on the dates set forth below.
4 102
Date:

ATTEST:

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

William A. Vaughn
City Attorney
Date:

CITY OF LOS BANOS,
A California municipal corporation
by: _______ , City Manager
OWNER

HOSTETLER RANCHES, LLC
By:
[Signatures must be notarized]
5 103

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TO:

FROM:

DATE:

LOsBanos
the Crossn>acls <f Cal~fornic1
Agenda Staff Report
Mayor and City Council Members
Soknirorn Than, P.E., Public Works Director/City Engineer ~ /L September 6, 2023
TYPE OF REPORT: Consent Agenda
SUBJECT: Authorize the City Manager to issue purchase orders for equipment and vehicles through the cooperative procurement contract with Sourcewell Recommendation:

Adopt a Resolution satisfying the requirements of City Code Sec. 3-10.290 allowing the City to participate in Sourcewell contract bid procedures, and authorizing the City Manager to execute purchase orders.

Background:

During the fiscal year 2023-2024 budget preparation the Public Works Department identified equipment and vehicles needed for staff to effectively and efficiently perform the duties assigned to the department. Acquisitions and replacement items have been identified as necessary for safety, efficiency, productivity, and/or environmental reasons {Air Board CARS Compliance).

Listed below are the equipment and vehicles that staff is requesting purchase orders:

CAPITAL# ITEM AMOUNT PRICE VENDOR
24ST0003 S Yard Dump Truck $ 150,000.00 $ 113,443.65 Holt of California 24ST0004 Attenuator-Crash Bar $ 40,000.00 $ 38,428.99 PB Loader Corporation 24WT001S S Yard Dump Truck $ 150,000.00 $ 113,443.65 Holt of California 24WT0017 Mini Exacavator $ 155,000.00 $ 140,324.80 Holt of California 24WW0001 3 Point Arm Mower $ 60,000.00 $ 55,024.12 Tiger Mowers LLC 24SW0001 Leaf Collector Truck $ 275,000.00 $ 274,647.50 Old Dominion Brush 24SW0002 Street Sweeper $ 400,000.00 $ 399,597.15 Schwarze Industries Inc. 111
Discussion:

The City of Los Banos is a member of Sourcewell (membership #60888). Sourcewell (formerly NJPA) is a public agency serving as a national municipal contracting agency established under the Service Cooperative statute by Minnesota Legislative Statute with the authority to develop and offer cooperative procurement services to its membership, which includes states, cities, counties, and other government and public agencies. Per the statute [Minn. Stat. § 123A.21 Subd. 4 (2017)], Sourcewell facilitates a competitive bidding and contracting process on behalf of the needs of itself and its members, resulting in Cooperative Purchasing. Sourcewell contracts are awarded by the action of the Sourcewell Board of Directors based on the open and competitive bidding process. As a member of Sourcewell, the City of Los Banos can select contractors, selected by Sourcewell, without further competitive bidding.

City Code Sec. 3-10.290 allows for the use of cooperative procurement: (b) Use of another entity's contract. The City Manager may authorize the procurement of commodities, equipment and/or services through the use of a contract initiated by another governmental, public agency, provided that the original parties to the contract agree, the contract was awarded within twelve ( 12) months of the date of authorization, the contract is for identical or nearly identical goods and/or services, and the contract resulted from a competitive bid using methods similar to those required by this chapter. (§1, Ord. 1068, eff. February 1, 2008.

The City of Los Banos has used the cooperative procurement process to make purchases in the past, through Sourcewell. This cooperative procurement process has demonstrated efficiency and effectiveness in purchasing equipment for the Public Works Department. It allows the City to achieve better pricing and streamline purchases by removing repetitive, resource intensive, and costly bid procedures.

Fiscal Impact:

Funding for these capital items have been identified in the Fiscal Year 2023-2024 Public Works Capital plan and approved by Council on June 21, 2023.

Reviewed by:

Attachments:

Resolution
Fiscal Budget Narratives
Fiscal Budget Sheets
Vehicle Specs
Brent Kuhn
Interim Finance Director
112
RESOLUTION NO. __

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF LOS BANOS AUTHORIZING

THE CITY MANAGER TO ISSUE PURCHASE

ORDERS FOR EQUIPMENT AND VEHICLES

THROUGH THE COORERATIVE

PROCUREMENT CONTRACT WITH

SOU RC EWELL
WHEREAS, the City of Los Banos has the responsibility to procure, manage, and maintain the City's fleet; and
WHEREAS, the City of Los Banos Code Sec. 3-10.290 allows for the use of cooperative procurement; and
WHEREAS, The City Manager may authorize the procurement of commodities, equipment and/or services through the use of a contract initiated by another governmental, public agency, provided that the original parties to the contract agree, the contract was awarded within twelve ( 12) months of the date of authorization, the contract is for identical or nearly identical goods and/or services, and the contract resulted from a competitive bid using methods similar to those required; and WHEREAS, the City of Los Banos is a member of Sourcewell (formerly National Joint Powers Alliance) and was assigned member number 60888; and WHEREAS, participation in Sourcewell results in efficient and effective purchasing with cost and time savings to the City of Los Banos, while insuring competitive procurement; and
WHEREAS, funding for equipment and vehicles were approved by Council with the fiscal year 2023-2024 budget on June 21, 2023
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos authorize the City Manager to issue purchase orders for equipment and vehicles through the cooperative procurement contract with Soucewell.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 6th day of September 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:
113
ABSENT:

APPROVED:

Paul Llanez, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
114
Streets (continued)
750-VEIDCLES: Purchase 2 - ¾ ton Utility Pickup Trucks ($160,000). 753-SPECIALIZED EQUIPMENT: Purchase of a Crash Bar ($40,000. 755-SPECIALIZED VEIDCLES: Purchase a 5 Yard Dump Truck ($150,000)

CHARGE-OUTS
825-CHARGE-OUT: Street charge-outs to RSTP, Solid Waste Refuse Vehicle Impact, and Gas Tax (includes SBl allocations).
115
374
2021 202Z 2023 2023 1024 2024 2024 2024
Actual Actual Adopted Estimated Account Description FfE Requested Proposed Approved Adopted 363.67 0.00 0.00 0,00 210-238 Technical Services 0.00 0.00 0.00 0.00 0.00 6,638.00 S,043.00 6,670.00 6,670.00 210-240 l,T. Services 0.00 7,607,00 0.00 0.00 0.00 41,815,80 47,040.27 SS,780.00 61,0SO.OO 210-250 lollUllllK:C 0.00 74,397.00 0.00 0.00 0.00 389.39 459,02 1,000.00 800.00 210-251 Membcnhipl & Dues 0.00 J,000.00 0.00 0.00 0.00 4,924.39 6,672.43 8,900.00 9,300.00 210-252 Communications 0.00 9,539.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 210-253 Advertising 0.00 0.00 11.CIO 0.00 0.00 482.25 416.42 600.00 500.00 210-256 Permits, F- & Charges 0.00 600.00 0.00 0.00 0.00 1,553.20 828.06 S,000.00 5,000.00 210-257 'Jravel & Training 0.00 7,200.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 210-259 Meetings & Events 0.00 500.00 0.00 0.00 0.00 3,951.98 3,896.31 s.soo.oo 5,000.00 210-260 Office Supplies 0.00 5,200.00 0.00 0.00 0.00 9,928.02 10,267.23 10,700.00 11,000.00 210-262 Uniform Expenses 0.00 12,000.00 0.00 0.00 0.00 lSl,771.14 171,361.0? 175,000.00 175,000.00 210-263 Street Light Maintenance 0.00 175,000.00 0.00 0.00 0.00 6,014.44 6,419.33 6,400,00 7,100.00 210-264 Electricity & Oas 0.00 7,900.00 0.00 0.00 0.00 38,726.95 SS,011.00 55,000.00 79,200.00 210-265 Gasoline & Oil 0.00 79,200.00 0.00 0.00 0.00 76,718.71 87,384.19 80,000.00 80,000.00 210-267 General Materials & 81,pplies 0.00 90,000.00 0.00 0.00 0.00 4,676.96 4,709.77 S,000.00 4,000.00 210-273 Speeial o.partmerrta1 QJ'• 0.00 4,500.00 0.00 0.00 0.00

0.00 0.00 o.oo 0.00 210-274 Boob & Periodicals 0.00 o.oo 0.00 0.00 0.00 - 564,489.63 600.7.5.5.64 710,650.00 718, 71.0.00 Supplka & Services Totala: 0.00 799,067.00 0.00 0.00 0.00 EOS Capital Outlay

0.00 0.00 0.00 0.00 210-710 Landhn:hue 0.00 0.00 0.00 0.00 0.00 376,246.06 243,552.55 1,300,000.00 100,000.00 210-715 Street & Road Imp-Ovmay 0.00 1,300,000.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 210-716 Street Improvanent 0.00 75,000.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 210-718 Sidewalk Improvements 0.00 30,000.00 0.00 0.00 0.00

0.00 0.00 o.oo 0.00 210-720 Building & Struc:turc1 0.00 33,000.00 0.00 0.00 0.00

0.00 o.oo 0.00 0.00 210-740 MJscellaneousBquipment 0,00 10,000.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 210-743 Monitor/Detect/Test F.qulp 0.00 0.00 0.00 0.00 o.oo

0.00 49.56 234,910.00 234,910.00 210-750 Vehicles 0.00 160,000.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 210-751 Radio Equipment 0.00 0.00 0.00 0.00 0.00

0.00 256.66 0.00 0.00 210-752 Conummieation Equipment 0.00 0.00 0.00 0.00 0.00 1,935.25 303,124.63 180,000.00 160,990.00 210-753 Specialized Equipment 0.00 40,000.00 0.00 0.00 0.00

0.00 102.74 .210,000.00 67,475.00 210-755 Speciali7.cd Vehicles 0.00 1.50,000.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 210-761 Photocoping Machines 0.00 0.00 0.00 0.00 0.00 GL-Budget Ana1yais (617/2023 - 5:32 PM) Pagi:2
128
116
Streets (continued)
750-VEIDCLES: Purchase 2 - ¾ ton Utility Pickup Trucks ($160,000). 753-SPECIALIZED EQUIPMENT: Purchase of a Crash Bar ($40,000. 755-SPECIALIZED VEIDCLES: Purchase a 5 Yard Dump Truck ($150,000)

CHARGE-OUTS
825-CHARGE-OUT: Street charge-outs to RSTP, Solid Waste Refuse Vehicle Impact, and Gas Tax (includes SBl allocations).
117
374
2021 2022 2023 2023 2024 2024 24)24 2024
Actual Actual. Adopted Estimated Account Description FTE ReQoested. Proposed Approved Adopted 363.67 0.00 0.00 0.00 210-238 Technical Services 0.00 0.00 0.00 0.00 0.00 6,638.00 S,043.00 6,670.00 6,670.00 210-240 I. T. Services 0.00 7,607.00 0.00 0.00 0.00 41,815.80 47,040.27 58,780.00 61,050.00 210-250 lDSIIIBllCe 0.00 74,397.00 0.00 0.00 0.00 38939 459.02 1,000.00 800.00 210-251 Memberships & Dues 0.00 J,000.00 0.00 0.00 0.00 4,924.39 6,672.43 8,900.00 9,300.00 210-2S2 Communications 0.00 9,539.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 210-253 Advertising 0.00 0.00 0.00 0.00 0.00 482.25 416.42 600.00 500.00 210-256 Pennits, Fees & Chargei; 0.00 600.00 0.00 0.00 0.00 1,553.20 828.06 S,000.00 S,000.00 210-257 Travel & Training 0.00 7,200.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 210-259 Meetings & Events 0.00 S00.00 0.00 0.00 0.00 3,951.98 3,896.31 5,500.00 5,000.00 210-260 Office Supplies 0.00 5,200.00 0.00 0.00 0 .00 9,928.02 10,267.23 10,700.00 11,000.00 210-262 Uniform Expenses 0.00 12,000.00 0.00 0.00 0.00 151,771.14 171,361.07 175,000.00 175,000.00 210-263 Street Light Maintenance 0.00 175,000.00 0.00 0.00 0.00 6,014.44 6,41933 6,400.00 7,100.00 210-264 Electril:ity &. Oas 0.00 7,900.00 0.00 0.00 0.00 38,726.9S SS,011.00 SS,000.00 79,200.00 210-265 Gasoline & Oil 0.00 79,200.00 0.00 0.00 0.00 76,718.71 87,384.19 80,000.00 80,000.00 210-267 Genmal Materials & Suppli88 0.00 90,000.00 0.00 0.00 0.00 4,676.96 4,700.77 S,000.00 4,000.00 210-273 Special Departmental E,q,. 0.00 4,500.00 0.00 0.00 0.00

0.00 0.00 o.oo 0.00 210-174 Boob & Periodicals 0.00 0.00 0.00 0.00 0.00 - 564,489.63 600,755.64 710,650.00 718,710.00 Supplies & Services Totala: 0.00 799,067.00 0.00 0.00 0.00 BOS CapilalOutlay

0.00 0.00 0.00 o.oo 210-710 Land Purc:hue 0.00 0.00 0.00 0.00 0.00 376,246.06 243,552.55 1,300,000.00 100,000.00 210-715 Stm:t & Road Imp-Overlay 0.00 1,300,000.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 210-716 Street Improvement 0.00 75,000.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 210-718 Sidewalklmprovvmenta 0.00 30,000.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 210-720 Building & Stnzctura 0.00 33,000.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 210-740 Mlscellaneolll Equipment 0.00 10,000.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 210-743 Monitor/Detect/Test Equip 0.00 0.00 0.00 0.00 0.00

0.00 49.56 234,910.00 234,910.00 210-750 Vehicles 0.00 160,000.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 210-7S1 Radiol!quipmmt 0.00 0.00 0.00 0.00 0 .00

0.00 256.66 0.00 0.00 210-752 Comnumic:ation Equipment 0.00 0.00 0.00 0.00 0.00 1,935.15 303,124.63 180,000.00 160,990.00 210-753 Specialized Equipment 0.00 40,000.00 0.00 0.00 0.00

0.00 102.74 210,000.00 67,475.00 210-755 Specialized Vehicles 0.00 150,000.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 210-761 Pbotocoping Machines 0.00 0.00 0.00 0.00 0.00 Gt-Budget Aualyais (617/1JJ23 - 5:32 PM) Pagi:2
128
118
Water (continued)
267-GENERAL MATERIALS & SUPPLIES: Materials and supplies utilized by Operations personnel for the general water distribution materials and supplies including pipes, valves, fittings, service lines, meters, meter boxes, etc. Water production materials and supplies including chemicals (fluoride and chlorine), field water quality analysis supplies, materials used at the City laboratory for water quality analysis, and repair parts for pumps and electric motors for the wells & chemical feed equipment. Asphalt repair following repair of underground distribution facilities. 273-SPECIAL DEPARTMENTAL EXPENSES: For miscellaneous safety equipment and employee longevity awards.

CAPITAL OUTLAY
710-LAND PURCHASE: Purchase land for new well (#16) estimated at $900,000. 720-BUILDING & STRUCTURES: Complete floor repairs to 411 Madison (cost shared between Water $10,000 and Collections $10,000). Repair the roof at the Madison Yard breakroom (cost shared between Water $7,500 and Collections $7,500). Replace the fence around the Madison Yard (cost shared between Water $4,250 and Collections $4,250). Purchase and installation of an A/C unit at Well #9 $30,000:
737-METERS: Purchase water meters for new construction service accounts estimated at $250,000.
738-WELLS: Purchase of a back-up engine at Well #13 $75,000. 739-WATER MASTER PLAN IMPROVEMENTS: Design water master plan project (P-36) Mercey Springs - Cardoza to Pioneer Rd $350,000 restricted funds. Design and construction of water master plan project (P-12) Monroe - Sixth $222,000, design of water master plan (P-13) Center Ln - L St $12,450, design of water master plan (P-14) Alleyway n/o M St $10,350 and design of water master plan (P-67) 4th St-Pacheco Blvd $70,200. Design of Pioneer and Ortigalita Underground Utilities (cost shared between Water $75,000 and Collections $150,000 restricted funds). Valve Replacements (valve insertion method) estimated at $50,000. 750-VEIDCLES: Purchase of a SUV $56,413 (carry over from FY 23). 753-SPECIALIZED EQUIPMENT: 4" Water Pump with Auto Prime (cost shared between Water $7,500 and Collections $7,500), Jumping Jack Compactor $6,500,306 Mini Excavator (cost shared between Water $77,500 and Collections $77,500), Ground Penetrating Radar (cost shared between Water $17,500 and Collections $17,500) and Generac Light Tower $20,000. 755-SPECIALIZED VEHICLES: 5 Yard Dump Truck (cost shared between Water $75,000 and Collections $75,000).
770-COMPUTER EQUIPMENT: Expenses related to Sensus Analystics Software upgrade $30,000.

CONTINGENCY
900-CONTINGENCY: For unexpected and unforeseen costs associated with Water activities. 119
499
2021 202Z 202.3 2023 2024 1024 2024 2024
Actual Actual Adopted Eltlmated Account Description FTI. Requested Proposed Approved AdCll>ted

0.00 271.68 3,750.00 3,520.00 100-7S2 Communieatio11 Equipment 0.00 0.00 0.00 0.00 0.00 33,325.19 0.00 11,550.00 8,200.00 100.753 Specialmd Equipment 0,00 129,000.00 0.00 0.00 0.00 116,235.18 62,958.54 0.00 0.00 100-755 Specializccl VBblcles 0.00 7.5,000.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 100-763 Office Equipment 0.00 0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 100-765 Fire Hydranb 0.00 0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 100-770 Computer Equipment 0.00 33,959.00 0.00 0.00 0.00 441,396.91 270,127.87 3,168,705.00 1,902,833.00 capital Outlay Totals: 0.00 2,423,622.00 0.00 0.00 0.00 E06 Int£re&t - Debt service

0.00 0.00 0.00 0.00 100-281 In11erc&t - LeaseslLGeu8 0.00 0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 100-821 Principal - LcaaelLoans 0.00 0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 100-822 Principal•Debt Service 93 &: 02 0.00 0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 100-881 Interest • Leases/Loans 0.00 0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 100-882 Int.crest Debt Service 0.00 0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 100-885 Debt Related Fees 0.00 0.00 0.00 0.00 0,00 -

0.00 0.00 0.00 0.00 Inmut • Debt Service Totals: 0.00 0,00 0.00 0.00 0.00 BOB Charp Ins - Outs

0.00 0.00 0.00 0.00 100-825 Water ChaJge OUt 0.00 0.00 0.00 0.00 0.00 -

0.00 0.00 0.00 0.00 Charge Ins - Outs Totals: 0.00 0.00 0.00 0.00 0.00 3,667,807.29 3,592,338.16 7,273,891.00 6,029,584.00 EXPENDITUR.ES TOTALS: 0.00 7,276,945.00 0.00 0.00 0.00

0.00 0.00 0,00 0.00 DEPT RBVBNUBS 0.00 0.00 0.00 0.00 0.00 - 3,667,807.29 3,592,338.16 7,273,891.00 6,029,S84.00 DEPT EXPENSES 0.00 7,276,945.00 0.00 0.00 0.00 --- (3,667,807.29) (3,592,338. l 6) (7,273,891.00) (6,029,584.00) Water Totals: 0.00 (7,276,.945.00) 0.00 0.00 0.00 - -- 0.00 0.00 0.00 0,00 FUND REVENUES 0.00 0.00 0.00 0.00 0.00 3,667,807.29 3,592,338.16 7,273,891.00 6,029,584.00 FUND EXPENSES 0.00 7,276,945.00 0.00 0.00 0.00 (3,667,807.29) (3,592,338.16) (7,273,sg I .00) (6,029,584.00) WATER. FUND To!ala: 0.00 (7,276,945.00) 0.00 0.00 0.00 GL-BudgetAnalyais (617/2023 - S:19 PM) Page3
253
120
Water (continued)
of public education and promotional items that support water quality, health, and conservation issues that will be provided at public outreach events. 267-GENERAL MATERIALS & SUPPLIES: Materials and supplies utilized by Operations personnel for the general water distribution materials and supplies including pipes, valves, fittings, service lines, meters, meter boxes, etc. Water production materials and supplies including chemicals (fluoride and chlorine), field water quality analysis supplies, materials used at the City laboratory for water quality analysis, and repair parts for pumps and electric motors for the wells & chemical feed equipment. Asphalt repair following repair of underground distribution facilities. 273-SPECIAL DEPARTMENTAL EXPENSES: For miscellaneous safety equipment and employee longevity awards.

CAPITAL OUTLAY
710-LAND PURCHASE: Purchase land for new well (#16) estimated at $900,000. 720-BUILDING & STRUCTURES: Complete floor repairs to 411 Madison (cost shared between Water $10,000 and Collections $10,000). Repair the roof at the Madison Yard breakroom (cost shared between Water $7,500 and Collections $7,500). Replace the fence around the Madison Yard (cost shared between Water $4,250 and Collections $4,250). Purchase and installation of an A/C unit at Well #9 $30,000.
737-METERS: Purchase water meters for new construction service accounts estimated at $250,000.
738-WELLS: Purchase of a back-up engine at Well #13 $75,000. 739-WATER MASTER PLAN IMPROVEMENTS: Design water master plan project (P-36) Mercey Springs - Cardoza to Pioneer Rd $350,000 restricted funds. Design and construction of water master plan project (P-12) Monroe - Sixth $222,000, design of water master plan (P-13) Center Ln - L St $12,450, design of water master plan (P-14) Alleyway n/o M St $10,350 and design of water master plan (P-67) 4th St-Pacheco Blvd $70,200. Design of Pioneer and Ortigalita Underground Utilities (cost shared between Water $75,000 and Collections $150,000 restricted funds). Valve Replacements (valve insertion method) estimated at $50,000. 740-MISCELLANEOUS EQUIPMENT: Design and installation on facility camera project. 750-VEIDCLES: Purchase of a SUV $56,413 (carry over from FY 23) and of two (2) ¾ ton Utility Pickup Trucks estimated at $175,000 (cost shared with Facilities $40,000, Water $47,500, Collections $47,500, and Solid Waste $40,000).
753-SPECIALIZED EQUIPMENT: 4" Water Pump with Auto Prime (cost shared between Water $7,500 and Collections $7,500), Jumping Jack Compactor $6,500, 306 Mini Excavator (cost shared between Water $77,500 and Collections $77,500), Ground Penetrating Radar (cost shared between Water $17,500 and Collections $17,500) and Generac Light Tower $20,000. 755-SPECIALIZED VEHICLES: 5 Yard Dump Truck (cost shared between Water $75,000 and Collections $75,000).
770-COMPUTER EQUIPMENT: Expenses related to Sensus Analystics Software upgrade $30,000 and network cabinets and VPN project $3,959.
121
499
2021 2022 2023 2623 2024 2(124 2024 2024
Actual Actual AdoJted Estimated Account Description FTE Requested Proposed Approved Adopted

0.00 271.68 3,750.00 3,520.00 100-752 Communication Equipment 0.00 0.00 0.00 0.00 0.00 33,325.19 0.00 11,550.00 8,200.00 100-753 Specialir.ed Equipment 0.00 129,000.00 0.00 0.00 0.00 116,235.18 62,958.54 0.00 0.00 100-755 Speclalim! Vehicle., 0.00 7.5,000.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 100-763 Office Equipment 0.00 0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 100-765 Fire Hydranlll 0.00 0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 100-770 Computer Equipment 0.00 33,959.00 0.00 0.00 0.00 441,396.91 270,127.87 3,168,705.00 1,902,833.00 Capital Outlay Totals: 0.00 2,423,622.00 0.00 0.00 0.00 E06 InllereSt - Debt Service

0.00 0.00 0,00 0.00 100-281 Interest - Leues/Loaus 0.00 0.00 0.00 0.00 0.00

0.00 0.00 0.00 0,00 100-821 Principal - LcudLoana 0.00 0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 100-822 Principal-Debt Servic:e 93 &:. 02 0.00 0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 100-881 Jnterest • Leases/Loans 0.00 0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 100-882 Intm:st Debt Service 0.00 0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 100-885 Debt Related F=s 0.00 0.00 0.00 0.00 0.00 -

0.00 0.00 0.00 0.00 lo.taut-DdJt Sen:lce Totals: 0.00 0.00 0.00 0.00 0.00 l!.08 Charge Ins. Ollt&

0.00 0.00 0,00 0.00 100-825 WaterChmpOut 0.00 0.00 0.00 0.00 0.00 -

0.00 0.00 0.00 0.00 Charge l'.ns - Outs Totals: 0.00 0.00 0.00 0.00 0.00 3,667,807.29 3,592,338.16 7,273,891.00 6,029,S84.00 EXPBNDITURES TOTALS: 0.00 7,276,945.00 0.00 0.00 0.00

0.00 0.00 0,00 0.00 DBPT RBVENUBS 0.00 0.00 0.00 0.00 0.00 - 3,667,807.29 3,592,338.16 7,273,891.00 6,029,584.00 DEPT EXPENSES 0.00 7,276,945.00 0.00 0.00 0.00 {3,667,807.29) (3,592,338.16) (7,273,891.00) {6,029,584.00) WaterTolals: 0.00 (7,276,945.00) 0.00 0.00 0.00 - -- 0.00 0.00 0.00 0.00 FUND REVENUES 0.00 0.00 0.00 0.00 0.00 - 3,667,807.29 3,592,338.16 7,273,891.00 6,029,584.00 FUND EXPENSES 0.00 7,276,945.00 0.00 0.00 0.00 {3,667,807.29) (3,592,338.16} (7,273,81> I .00) (6,02!>,584.00) WATER. FUND Tolals: 0.00 (7,276,945.00) 0.00 0.00 0.00 GL-BudgetAnalysis (617/2023 - S:19 PM) Page3
253
122
Wastewater Collections (continued)
739-MASTER PLAN IMPROVEMENTS: Finishing the construction of the Cresthills sewer lift station located at Rainier Drive and Bluff Drive estimated at $100,000 (1/2 restricted funds).

Design of Pioneer and Ortigalita Underground Utilities (cost shared between Water $75,000 and Collections $150,000 restricted funds). The design of storm drain master plan project (CC-11 & CC-B2) B St - Mercey Springs $360,000, and the design and construction of storm drain master plan project (CT-1) Citrus - 2nd St $286,000. The design of collection master plan projects (WWTP-2A, WWTP-lA, WWTP-1B, and WWTP-IC) 36" casing $266,000. 744-SEWER LINE MANHOLES: Repair of manholes on sewer line near Wastewater Treatment Plant estimated at $30,000.
753-SPECIALIZED EQUIPMENT: 4" Water Pump with Auto Prime (cost shared between Water $7,500 and Collections $7,500), 306 Mini Excavator (cost shared between Water $77,500 and Collections $77,500), Ground Penetrating Radar ( cost shared between Water $17,500 and Collections $17,500) and portable camera system $17,000. 755-SPECIALIZED VEHICLES: 5 Yard Dump Truck (cost shared between Water $75,000 and Collections $75,000).
123
508
2021 2022 2023 2023 2014 2024 2024 2024
Actual Actual Adopted l'!;stlmated Accouat Descripdon FTE Requested Proposed Approved Adopted 14,269.59 63,447.80 11,550.00 8,200.00 100-753 Spcclali7.ed Equipment 0.00 119,500.00 0.00 0.00 0.00

0.00 62,9SS.S4 0.00 0.00 100-755 Specie1ized Vehicles 0.00 75,000.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 100-763 Office Equipment 0.00 0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 100-770 Compota-Equipment 0.00 3,959.00 0.00 0.00 0.00 150,868.22 161,950.62 1,514,250.00 1,077,750.00 Capital Outlay Totals: 0.00 2,924,709.00 0.00 0.00 0.00 E06 Interest - Debt Service

0.00 0.00 0.00 0.00 100-281 lllterest - Leases/Loam 0.00 0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 100-1121 Principal • Lea1e/Lcw,s 0.00 0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 100-8&1 ln1ernt - Leases/Loans 0.00 0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 100-88S Debt Related Fees 0.00 0.00 0.00 0.00 0.00 -

0.00 0.00 0.00 0.00 Intenst - Deht Service Totab: 0.00 0.00 0.00 0.00 0.00 B08 Charge Ins • OUU

0.00 0.00 0.00 0.00 100-825 WBMC Water Charge Out 0.00 0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 ~ Ins - Ootl To1als: 0.00 0.00 0.00 0.00 0.00 1,423,269.66 1,438,299.23 3,345,053.00 2,565,130.00 EXPENDITURFS roTALS: 0.00 S,236,743.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 DHPT R.EVENUHS 0.00 0.00 0.00 0.00 0.00 - I ,423,269.66 1,438,299.23 3,345,053.00 2,565,130.00 DEPT EXPENSES 0.00 S,236, 743.00 0.00 0.00 0.00 (l,423,269.66) (1,438,299.23) (3,345,053.00) (2.565, 130.00) Wastewater ColJection Totals: 0.00 (5,236,743.00) 0.00 0.00 0.00

0.00 0.00 0.00 0.00 FUND RBVENUBS 0.00 0.00 0.00 0.00 0.00 1,423,269.66 1,438,299.23 3,345,053.00 2,565,130.00 fUNDEXPBNSES 0.00 S,236, 743.00 0.00 0.00 0.00 --- (1,423,269.66) (1,438,299.23) (3,345,053.00) (2,565,130.00) WASTB WATER. FUND Totalr. 0.00 (5,236,743.00) 0.00 0.00 0.00 GL-Budgct Analysis (617/2023 - 5:21 PM) Page 3
262
124
Wastewater Collections (continued)
733-Lift Station Overhaul: Construction of the West I sewer lift station $500,000 and the Meadowlands sewer lift station $300,000. Design and Construction of generator for Northgate lift station $230,000.
739-MASTER PLAN IMPROVEMENTS: Finishing the construction of the Cresthills sewer lift station located at Rainier Drive and Bluff Drive estimated at $100,000 (1/2 restricted funds).

Design of Pioneer and Ortigalita Underground Utilities (cost shared between Water $75,000 and Collections $150,000 restricted funds). The design of storm drain master plan project (CC-11 & CC-B2) B St - Mercey Springs $360,000, and the design and construction of storm drain master plan project (CT-1) Citrus - 2nd St $286,000. The design of collection master plan projects (WWTP-2A, WWTP-lA, WWTP-lB, and WWTP-IC) 36" casing $266,000. 740-MISCELLANEOUS EQUIPMENT: Design and installation on facility camera project. 744-SEWER LINE MANHOLES: Repair of manholes on sewer line near Wastewater Treatment Plant estimated at $30,000.
750-VEillCLES: Purchase of two (2) ¾ ton Utility Pickup Trucks estimated at $175,000 (cost shared with Facilities $40,000, Water $47,500, Collections $47,500, and Solid Waste $40,000). 753-SPECIALIZED EQUIPMENT: 4" Water Pump with Auto Prime (cost shared between Water $7,500 and Collections $7,500), 306 Mini Excavator (cost shared between Water $77,500 and Collections $77,500), Ground Penetrating Radar (cost shared between Water $17,500 and Collections $17,500) and portable camera system $17,000. 755-SPECIALIZED VEIDCLES: 5 Yard Dump Truck (cost shared between Water $75,000 and Collections $75,000).
770-COMPUTER EQUIPMENT: Expenses related to network cabinets and VPN project $3,959.
125
508
2021 2022 202.3 2023 2024 2024 2024 2024
Actual Actual Adopted Estimated Accouat Description FTE Requested Pr.posed Approved Adopted 14,269.59 63,447.80 11,550.00 8,200.00 100.753 Speclaliml Equipment 0.00 tl9,500.00 0.00 0.00 0.00

0.00 62,958.54 0.00 0.00 100.755 Specialized Vehi,;les 0.00 75,000.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 I 00-763 Office Equipment 0.00 0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 100-770 Computcc Equipment 0.00 3,959.00 0.00 0.00 0.00 150,868.22 161,950.62 l,Sl4,250.00 1,077,750.00 Capital Outlay Tocals: 0.00 2,924,709.00 0.00 0.00 0.00 B06 Jntcrcst- Debt Service

0.00 0.00 0.00 0,00 100-281 Jntemt - Leuellll..oans 0.00 0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 100-821 Principal - Lea e/Loan• 0.00 0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 100-881 Int.en,st - Leues/Loana 0.00 0.00 0.00 0.00 0.00

0.00 0.00 0.00 0,00 100-MS Debt Related Fees 0.00 0.00 0.00 0.00 0.00 -

0.00 0.00 0.00 0.00 Interest - Debt Service Totals: 0.00 0.00 0.00 0.00 0.00 BOB Charge Ins - Oula

0.00 0.00 0.00 0.00 100-125 Waste Water Charge Out 0.00 0.00 0.00 0.00 0.00 -

0.00 0.00 0.00 0.00 Charge Ins - Outs Totals: 0.00 0.00 0.00 0.00 0.00 1,423,269.66 1,438,299.23 3,345,053.00 2,565,130.00 EXPENDITURF.S TOTALS: 0.00 5,236,743.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 DEPT REVENUES 0.00 0.00 0.00 0.00 0.00 - 1,423,269.66 1,438,299.23 3,345,053.00 2,565,130.00 DEPT EXPENSES 0,00 S,236, 743 .00 0.00 0.00 0.00 (1,423,269.66) (1,438,299.23) (3,34S,OS3.00) (2,565, 130.00) Wastewater Collection Totals: 0.00 (5,236,743.00) 0.00 0.00 0.00

0.00 0.00 0.00 0.00 FUND REVENUBS 0.00 0.00 0,00 0.00 0.00 - 1,423,269.66 1,438.299.23 3,345,0SJ.OO 2,565,130.00 fUND EXPBNSES 0.00 S-,236,743.00 0.00 0.00 0.00 (1,423,269.66) (1,438,299.23) (3,345,053.00) (2,565, 130.00) WASTE WATER FUND Totals: 0.00 (S,236,743:00) 0.00 0.00 0.00 GL-Budgat Analysis (6fl/2023 - 5:21 PM) Pa~3
262
126
Wastewater Treatnient (continued)

CAPITAL OUTLAY
716--STREETS & ROAD IMPROVMENTS: Costs associated with paving the access road to the Wastewater Treatment Plant ( construction by Street Services). 717-LANDSCAPE & IRRIGATION: The design and construction to repair the irrigation discharge at LLAs.
720-BUILDING & STRUCTURES: Costs includes Lab Roof repair $12,000, AC unit replacement $15,000, and fence and gate repairs $12,000 at the Wastewater Treatment plant. 735-MASTER PLAN: Construct potable water line from the City's water infrastructure, near Saint Frances subdivision, to the Wastewater Treatment Plant, estimated cost $500,000. 753-SPECIALIZED EQUIPMENT: Purchase a 3 arm point mower estimated at $60,000.

CONTINGENCY
900-CONTINGENCY: Unexpected and unforeseen costs associated with Wastewater activities. 127
511
2021 2022 2023 2023 2024 2024 2024 2124
Actu1I Actual Adopted Estimated Accouat Destth>tion FTE Requested Proposed Approved Adopted 22,160.07 30,040.SS 33,287.00 36,467.00 100-2S0 111SUJ1111Ce 0.00 46,868.00 0.00 0.00 0.00 497.92 2,S96.SO 3,000.00 2,SS0.00 100-251 MembmshiP5 & Dues 0.00 2,550.00 0.00 0.00 0.00 2,265.90 2,654.83 8,000.00 3,200.00 100-252 Communicalions 0.00 3,500.00 0.00 0.00 0.00 36,789.08 28,889.71 38,000.00 34,800.00 100-256 Penni1s, Fees & Charges 0.00 35,000.00 0.00 0.00 0.00 1,011.02 1,275.03 2,000.00 2,000.00 100-257 Travel & Training 0.00 1,000.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 100-259 Meetings & livents 0.00 400.00 0.00 0.00 0.00 870.19 1,968.79 2,000.0D 4,400.00 100-260 Office Supplica 0.00 2,500.00 0.00 0.00 0.00 2,573.17 3,330.38 3,300.00 3,000.00 100-262 Uniform Bxpcnsea 0,00 3,150.00 0.00 0.00 0.00 147,329.70 152,36.9.70 170,000.00 167,250.00 100-264 Electricity & Gas 0.00 183,980.00 0.00 0.00 0.00 11,615.60 18,254.00 18,250.00 26,280.00 I 00-265 Gasoline & Ot1 0.00 24,480.00 0.00 0.00 0.00 20,438.11 20,322.20 24,564.11 24,541.00 100-267 General Materials & Supplies 0.00 26,900.00 0.00 0.00 0.00 32,394.19 33,394.50 3S,000.00 35,000.00 100-273 Special Departmental Exp. 0.00 38,000.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 100-274 Boob & Periodicals 0.00 0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 100-275 Bad Debt Expense 0.00 0.00 0.00 0.00 0.00 - 985,907.94 992,289.35 3,136,378.11 1,093,665.00 Supplies & Services Totals: 0.00 3.570,79S.OO 0.00 0.00 0.00 B0.5 Capital Outlay

0.00 0.00 0.00 0.00 100-710 Land Purchase 0.00 0.00 0.00 0.00 0.00 134,581.74 42,756.77 0.00 0.00 10~716 Slreet & Road Improvements 0.00 60,000.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 100-717 Landscape & Inigation 0.00 400,000.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 100-720 Bwlding& Sttue1UleS 0.00 329,000.00 0.00 0.00 0.00 9,263.SO 0.00 500,000.00 0.00 100-735 MastcrPlan 0.00 500,000.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 100-740 Miscellaneous Equipment 0.00 0.00 0.00 0.00 0,00

0.00 0.00 0.00 0.00 100-741 WW TJUtmcnt Plant E:xp111Sion 0.00 0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 100-743 Monitor/Detectfl'ast Equip 0.00 0.00 0.00 0.00 0.00

0.00 0.00 77,455.00 80,053.00 100-7S0 Vehlcles 0.00 0.00 0,00 0.00 0.00

0.00 0.00 0.00 0.00 100-751 Radio Equipment 0.00 0.00 0.00 0.00 0.00

0.00 256.66 0.00 8,200.00 10~752 Communication Equipment 0.00 0.00 0.00 0.00 0.00 24,964.23 142,580.80 40,43S.89 13,500.00 100-7S3 Specialized Equipment 0.00 60,000.00 0.00 0.00 0 .00

0.0D 0.00 0.00 0.00 100-762 l!quipmcnt Ovcdiaul/Imprv 0.00 0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 100-763 Office Equipment 0.00 0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 100-770 Computer Equipment 0.00 199.00 0.00 0.00 0.00 - 168,809.47 185,594.23 617,890.89 101,753.00 Capital Outlay Totals: 0,00 1,349.199.00 0.00 0.00 0.00 GL-BudgetAnalysia (6f7/2023 - S:23 PM) Page2
2,s
128
Solid Waste (continued)
753-SPECIALIZED EQUIPMENT: Purchase of a Leaf Collector Truck estimated at $275,000.

CHARGE IN
820-CHARGE IN: Costs associated with the impact Solid Waste activities have on city streets $426,420.

CONTINGENCY
900-CONTINGENCY: Unexpected and unforeseen costs associated with Solid Waste activities. 129
525
2021 2022 2023 2023 2824 2024 2024 2014
Actual Actual Adopted E1tlmated Account Description Fl'E Requested Proposed Approved Adopted 6,3111.00 4,932.00 6,467.00 6,467.00 100-240 l T. Services 0.00 7,381.00 0.00 0.00 0.00 22,173.15 23,770.62 30,713.00 31,473.00 100-250 ln&umncD 0.00 36,982.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 100-251 Mmnbenhipa & Dues 0.00 0.00 0.00 0.00 0.00 1,521.91 2,883.28 4,500.00 S,6S9.00 100-252 Commllllications 0.00 4,600.00 0.00 0.00 0.00

0.00 0.00 2,000.00 2,000.00 100-253 AdvwtisiDG 0.00 2,000.00 0.00 0.00 0.00 1,249,914.12 67,985.07 100,000.00 95,000.00 100-255 Solid waste Dumping Fees 0.00 100,000.00 0.00 0.00 0.00 790.63 353.53 1,500.00 800.00 100.256 Permits, Fees & Charga 0.00 1,500.00 0.00 0.00 0.00 961.01 l,3S2.22 2,500.00 1,400.00 100-257 Travel & Training 0.00 3,500.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 100-259 Moctinga & Events 0.00 400.00 0.00 0.00 0.00 1,573.26 1,773.75 1,800.00 1,800.00 100-260 Office Supplics 0.00 3,000.00 0.00 0.00 0.00 3,104.38 2,891.25 4,000.00 4,000.00 100-262 Unifonn Eltpenses 0.00 5,000.00 0.00 0.00 0.00 917.41 820.90 1,200.00 900.00 100-264 Bleclriclty &; Oas 0.00 1,000.00 0.00 0.00 0.00 32,818.67 44,504.00 44,575.00 64,188.00 100-265 Gasoline & Oil 0.00 74,988.00 0.00 0.00 0.00 9,734.27 7,349.18 7,500.00 7,500.00 10().267 General Materials & Sopplies 0.00 7,S00.00 0.00 0.00 0.00

0.00 0.00 4,000,000.00 100.000.00 100-272 Landfill aosure 0.00 4,000,000.00 0.00 0.00 0.00 1,928.77 2,780.SS 3,000.00 3,000.00 100-273 Special Departmental Exp. 0.00 3,000.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 100-274 Book& & Periodicals 0.00 0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 100-275 Bad Debt Bxpense 0.00 0.00 0.00 0.00 0.00 -- S,503,093.98 3,289,782.05 7,393,828.00 3,681,460.00 Supplies & Services Totals: 0.00 7,875,947.00 0.00 o.oo 0.00 BOS Capital Outlay

0.00 0.00 0.00 0.00 100-710 Land Pmchase 0.00 0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 100-720 Building & Stru~ 0.00 34,000.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 100-734 Landfill CIOfillnl 0.00 0.00 0.00 0.00 0,00

0.00 0.00 0.00 0.00 100-73S Master Plan 0.00 0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 100.740 Miscellaneous Equipment 0.00 10,000.00 0.00 0.00 0,00

0.00 0.00 80,000.00 80,000.00 100-750 Vehidcs 0.00 40,000.00 0.00 0.00 0.00

0.00 271.68 0.00 0,00 10().752 Communication Equlpmmit 0.00 0.00 0.00 0.00 0.00 337,056.58 0.00 0.00 0.00 100-753 Specialized Equipment 0.00 275,000.00 o.oo 0.00 0.00 o.oo 0.00 0.00 o.oo 100-755 Specialized Vebicl~ 0.00 0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 100.763 Offic:e Equipment 0.00 0.00 0.00 0.00 0.00 11,750.18 0.00 0.00 0.00 100-770 Computt:r Bquiptnmt 0.00 3,959.00 0.00 0.00 0.00 --
348,806.76 271.68 80,000.00 80,000.00 Capi1al Outlay Totala: 0.00 362,959.00 0.00 0.00 0.00 GL-Budget Analysis (6r7/2023 - S:30 PM) Pap,2
279
130
Solid Waste-Street Sweeping

SERVICES & SUPPLIES
205-FACILITY REPAIR & MAINTENANCE: Materials, parts, and services for the maintenance of Solid Waste Operations facilities and areas. This includes repairs or improvements that are completed by either city maintenance staff or outside vendors. 231-PROFESSIONAL SERVICES: . Charges for services to outside engineering/consulting firms to complete Solid Waste related projects. Costs associated with 3rd Eye, a monthly service that collects and provides time stamped video of service areas by the Street Sweepers. 256-PERMIT FEES & CHARGES: Annual fees charged by the State and County for the Public Works Department's Spill Prevention Plan and hazardous materials related costs at the "F" Street Operations Yard.
273-SPECIAL DEPARTMENTAL EXPENSES: For miscellaneous safety equipment and employee longevity awards.

CAPITAL OUTLAY
753-SPECIALIZED EQUIPMENT: Purchase of a Street Sweeper estimated at $402,000. 131
530
2011 2022 2023 2023 2024 2024 2124 2024
Actual Actual Adopted Estimated Account Description FTE Requested Proposed Approved Adopted

0.00 0.00 0.00 0.00 210-253 Advertising 0.00 0.00 0.00 0.00 0.00 343.62 51.88 S00.00 S00.00 210-256 PennilB, Fees & Chmges 0.00 S00.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 210-257 Travel & Training 0.00 2,500.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 210-259 Commumty Promotion 0.00 0.00 0.00 0.00 0.00 1,293.04 953.83 1,000.00 1,000.00 210-260 Office Supplies 0.00 1,000.00 0.00 0.00 0.00 1,612.04 1,476.0] 2,100.00 2,100.00 210-262 Unifonn Expenses 0.00 3,000.00 0.00 0.00 0.00 31,343.68 42,509.00 42,SOO.OO 61,200.00 210-26S Guoline & Oil 0.00 68,400.0D 0.00 0.00 0.00 2,372.81 1,831.08 3,000.00 l,S00.00 210-267 Oeneral Materials & Supplies 0.00 3,000.00 0.00 0.00 0.00 47S.64 SS0.11 600.00 600.00 210-273 Special Departmental Exp. 0.00 800.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 210-274 Books & Periodocials 0.00 0.00 0.00 0.00 0.00 - 175,504.23 190,531.23 203,249.00 227,999.00 Supplies & Services Totals: 0.00 292,444.00 0.00 0.00 0,00 EOS Capital Outlay

0.00 0.00 0.00 0.00 210-720 Building & Structures 0.00 0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 210-7SO Vehicles 0.00 0.00 0.00 0.00 0.00

0.00 256.66 0.00 0.00 210-752 Communication l!quipment 0.00 0.00 0.00 0.00 0.00

0.00 355,977.15 14,200.00 14,l9o.OO 210-7S3 Specialmd Equipment 0.00 402,000.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 210-755 Specialized Vehicles 0.00 0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 210-770 Compub:r Equipment 0.00 199.00 0.00 0.00 0.00 -

0.00 356,234.41 14,200.00 14,190.00 Capital Outlay TotalB: 0.00 402,199.00 0.00 0.00 0.00 BOS Charge Ins- Outs

0.00 0.00 0.00 0.00 210-825 Solid Waste Charge Out 0.00 0.00 0.00 0.00 0.00 -

0.00 0.00 0.00 0.00 Charge Ins • Outs Totals: 0.00 0.00 0.00 0.00 0.00 294,281.57 673,678.07 381,527.00 342,689.00 EXPENDITURES TOrALS: 0.00 954,732.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00 DEPT REVENUES 0.00 0.00 0.00 0.00 0.00 - 294,281.57 673,678.07 3!!1,527.00 342,689.00 OEPT EXPENSES 0.00 954,732.00 0.00 0.00 0.00 --
(294,281.57) (673.678.07) (381,527.00) (342,689.00) Waste Mmasemmt Totals: 0.00 (954,732.00) 0.00 0.00 0.00 - 0.00 0.00 0.00 0.00 FUND REVENUES 0.00 0.00 0.00 0.00 0.00 GL-Budget Analyai& (6/1/2023 - S:28 PM) Page2
284
132
HOLT
'
J H 1
[
R.en. tal ~ T O R E. al CaHforni•
53 E. VASSAR ROAD, MERCED, CA 95341
MERCED CRS 209-386-1953
Bill to:

Signed By:

I 11II111111111111 pl• 111• 11111111•dllllM111111• • 1 hll 111111111 Customer. 011616

CITY OF LOS BANOS

PUBLIC SERVICES
520JSTREET
LOS BANOS, CA 93835
• 11 - 1 ;;. • ! I ~ , : ; • l • •
Sales Quote
Reference H23867
Invoice Amount $226,887.30
24ST0003
Invoice Date:

Delive,y Date:
07/17/2023 Mon11:25AM
07/17/2023 Mon 08:00 AM
Jobsite: F ST.

Contact MIKE SEEBA
Phone: 209 587 6066
1015FST

LOS BANOS, CA

C/O F ST & SAN JUAN ST
Written By: DIiion Hughes
Sales Rep: DILLON HUGHES
PO#·

QTY DESCRIPTION PRICE EXTEND
• Quote Is good for 7 days from created date. After this date the quote is subject to revision. • Price Is based on availability
Sale Items

1.0 ID:CRS22-047 SERIAL:1FVACWFCXNHNT3762 MOD
DUMP TRUCK 5YD-7YD
Reference Description
SOLARTRAK #OE79EA
ISB 200 HP CUMMINS, 5fl YD 10'
6-SPEED AUTO TRANSMISSION
26,000GWJ
152" WHEELBASE

DIFFERENTIALS, HYO BRAKES,
ALUMINUM 50-GAL FUEL TANK,
SMALL D.E.F. TANK BEHIND FUEL

TANK, A/C, PIS, AM/FM RADIO
Printed on Monday, July 17. 2023 11 :27:34 AM by DHUGHES2 0 Make Seq Id
y 5
y FL 10
y FL 20
Y FL 30
Y FL 40
Y FL 50
Y FL 60
Y FL 70
Y FL 80
104,000.00
Serial
H23867
104,000.00

133

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134
--

CITY OF LOS BANOS

LOS BANOS, CA
MEMBER ID NO. 60888
PB LOADER CONTRACT NO. 080521.PBL

SOURCEWELL CONTRACT - DISCOUNTED PRICES
1 MODS-71 SCORPION TL-3 TRAILER ATTENUATOR WI 12-VOLT

ELECTRICAL SYSTEM, LED LIGHTING, AUTOMATIC

BREAKAWAY BRAKE SYSTEM, SAFETY CABLES &

STANDARD REFLECTIVE SHEETING PATTERN (MASH
ELIGIBLE 100 KPH TEST LEVEL 3)
TOTAL:

SALES TAX (8.75%):

TOTAL WITH TAX:

NOTES:

1. PRICE INCLUDES DELIVERY TO LOS BANOS.

2. LEAD TIME IS APPROX 12-16 WEEKS AFTER RECEIPT
OF ORDER.

Delivery llrnea are appmxlmate.

PB Loader Corporation

QUOTATION
N0.11873
DATE: 7/1212023
TERMS: NET 30
24ST0004
F.O.B: LOS BANOS
MFG PRODUCT: 12-16 WKS
INSTALL: NIA
$35,337.00
$35,337.00
$3,091.99
$38,428.99
ma w. Barstow• Fresno, Catifomla fl722-S024 • Telephone (IS9) 777-7370 • Fax (&&9) 277-7'375 Ton free IOWSD-8521 • Web www.pbloader.com
135

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136
ef Califemla
53 E. VASSAR ROAD, MERCED, CA 95341
MERCED CRS 209-386-1953
Bill to:

Signed By:
11•lh••11
1111lr11
111111• ln1111I 111tlllM1 II ii 1• • 11111• • 1•"' II
Customer: 011616

CITY OF LOS BANOS

PUBLIC SERVICES
520JSTREET
LOS BANOS, CA 93635
Ordered By: DAN BRONSON
Sales Quote 24wroo1s
Reference H23867
Invoice Amount: $226,887.30
Invoice Date: 07/17/2023 Mon 11:26 AM
Delivery Date:

Jobsite: F ST.

Contact MIKE SEEBA
Phone: 209 587 6066
1015 FST

LOS BANOS, CA

C/O F ST & SAN JUAN ST
Written By: Dillon Hughes
Sales Rep: DILLON HUGHES
PO#:

QTY DESCRIPTION DAY WEEK MONTH
Sale Items
ENG S/N: 74879289 y FL 250
ECL LABEL HP: 200 y Fl 260
ENG LITERS: 6.7 y FL 270
EPA FAMILY NAME: MCEXH0408BCA y FL 280
OIL Fil TER: P550428 y FL 290
FUEL FILTER: P551103 y FL 300
2NDRY FUEL FILTER: FF63009 y FL 310
AIR FILTER: P527484 y FL 320
CAB AIR FILTER: P614547 y FL 330
TRANS FILTER: P550606 y FL 340
BATTERY:GROUP31STD y FL 350

1.0 ID:CRS22-046 SERIAL:1FVACWFC8NHNT3758 MOD 104,000.00 104,000.00 DUMP TRUCK 5YD-7YD
Reference Description 0 Make Seq Id Serial
SOLARTRAK#OE780D y 5
ISB 200 HP CUMMINS, 5n YD 10' y FL 10
Printed on Monday, .Illy 17. 2023 t1:27:MAMbyDHUGHES2 H23867 Page3of7 137

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138
OLT
or CaHromla
CITY OF LOS BANOS· FLEET SERVICES
Account # 57102

FLEET SERVICES
1015 F STREET
LOS BANOS, California 93635
Attention: DAN BRONSON
Quote 149201-01
24WT0017
Jul05,2023
ourcwell Contract #020223-C~
New Caterpillar Model: 306 Compact Construction Equipment with all standard equipment In addition to the ad.ditlonal specifications llstecl below:

STOCK NUMBER: M24053

ADDITIONAL SPECIFICATIONS
SERIAL NUMBER: 06G608880 VEAR·2023 SMU: 0
Reference# Description of Material and Equipment Reference# Description of Malarial and Equipment 614--2570 306 07A CR MHE CFG14B 510-6085 - - 382-8757 DRAIN, ECOLOGY 557-5082 511-6170 ALARM, TRAVEL 522-6460
522-6499 LIGHTS, LED 511-6219
523-7568 306 07A CR MINI EXCAVATOR 522-6505
623-7683 BOOM,SWING 522-6503 -- ---- 523-7593 ENGINE, EPA TIER 4 FINAL 532-8634 -- 523-8003 ELECTRICAL ARR, C2.4 HRC 679-2605 - - 541-4573 TRAVEL PEDALS 579-2627 ---- 555-8731 FILM, COUPLER, ISO 590-9288 567-1709 SOFTWARE.PROPORTIONAL CONTROL 575-0492
557-1710 SOFTWARE, STICK STEER CONTROL 606-3335 - 557-1711 SOFTWARE, 2 WAY CONTROL 604-0125 557-1713 SOFTWARE, CODED START 605-3336 - . 535-8483 INSTRUCTIONS, ANSI 605-3338 - 542-6391 COUNTERWEIGHT, EXTRA 0P-9003 - 538-2697 LINKAGE BUCKET W/ LIFTING EYE 421-8926 532-7892 LINES.BOOM 0P-4299
532-7890 LINES, STICK -- - -- - 532-8607 CONTROL, QC, 3 LINE --- 527-2802 TRACK, 16", TG W/RUBBER PAD 569-7627 SEAT, MECH SUSP, FABRIC, CAB
List Price
~overnment Sourewell Discount
Sales Tax (8.75%)
After Tax Balance
A49828
279-4327
0 02
,--,
BELT,SEAT,3"RETRACTABLE ~

MONITOR NEXT GEN, ADVANCED, CR

CAT KEY, WITH PASSCODE OPTION

INTEGRATED RADIO

CAMERA, REAR VIEW
PRODUCT LINK, CELLULAR PLE643 ----,
LINES, QC, LNG STK, 3 LINE -- - BLADE, ANGLE, BOCE - . STICK, LONG, ANGLE BLADE ATH~NS DEALER PDI & FUEL
THUMB,HYD + COUPLER,PG,HYD, 5T
EOU HOUSE SWING COVER, 6T --
- WIRING GP
COVER GP -- - PLUG GP ·------- LANE3ORDER

SERIALIZED TECHNICAL MEDIA KIT
- PACKING, LAST MILE PROGRAM -,
ENGINE SIN: 7NV5792 . BUCKET-HOC, 24", 6.4 ~ ST -A49828 BUCKET-DC, s1•, 7.8 FT3~51
i ~) • 0 5 4 • 5 Cl )(
8°75 ~'.
.
$165 731.69
•$36,697 .39
$11,290.50
$140,324.8011'
11 290·51 :~ -------

139

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140

PRICE LIST C

PRICE LISTA
BillTo: Cit, of Los Banas
Shlpto: MME Saaamento
End user Cii. of Los Banos
End User Contacl
Quote&! MME-CLB-03242023 SW
Dealer Contact Adam
DLR Phone I Fax
Dealer Email
Shlooln~ lnstructi01

TRACTORS

SOURCEWELL TIGER QUOTE SHEET
PO#
Order Date:

Quote Date: 03/24/23
Requested Slip date:

Sourcewen Conlracl # 070821-TGR
Souniewell Member# 10#60888
Quota valld for~ days

HEAVY DUTY REAR BOOM MOWERS
1-Mar-2023
Please direct que$tlons to:

Ph: 800-843-6849 EXT 3
email all quotes in excel format
to:[email protected]
TO ORDER: Yau musteelect one itam fRIIII Section 1 & 2 for• complete Rear Boom Flail M-,.

9.1x
9ll!
QrderCQde Aam:vx,Ol!IJ YSPrlce
SE~ t - ciiooie !f!!!!:.Y.!!H
RBM-16BASE Rear Boom unit with 16' 5' Reach (70 PTO hp/ 7500 lbs) 1700 $ 30,898 RBM-20BASE Rear Boom unit with 19' a• Reach (75 PTO llpl 8800 lbs) 2305 $ 34,972 INCUJDES: Rear Boom mower, SWtng System, C8tegary II 3 Paint Hitch, Lift Float l<ll, 540 PTO lndependenl l-lydraullc Pump system, Travel Safety Lock, Mulll-valve Cable Conlnll, Mower Gullrds, Non Cab Tractcrs will fndude an Oper'Blllr Sarety SQ'een. Rear l ghts an unit.Oil lnc:IUded.

JOYSTICK CONTROL
RBM-1e8ASE Rear Boom IBllt wllll 18' 11" Reed! (70 PTO lip/ 7500 lbs) 1700 $ 45,692 R!IM-20BASE Rear Boom Ullil with 19' e• Reach (75 PTO hp/ 8800 lbs) 2305 s 49,763 lNCWDES: Rear Boom mower, Swing System, Category II 3 POIIII Hilc:h, Uft Float Kit, 540 PTO Independent Hydnwllc: Plnlp system, Travel Safely Lock, XTC • Jaystlek Con!Rlls, Mower Guards, Nan Cab Tr&Cla1$ wll lndude an Operata- Safety Screen. Rear lights an unit. OU Included. ·fi~rn • wmiH~idiu& ·· RBM-16120HG 4T Flail cutter Head with Grass Knives 740 $ 11,328 RBM-18/20HU 47" Aall Cutter Head with Unlvemll Knives 740 $ 11,419 RBM-16/20Hl-l 47" FlaR Cutter Head with Hedge Knives 740 s 11,501 RBM-1612()HR 60' Rotaiy Cutter Head with Blade Bar
miJ;iO!il . !2iilii, l!J!jfiiil:on
870 $ 15,192
Mounting lns1allalkln of complete mcwer system $ 2 ,004 jfECTION 4 • ODIi!!!!
06744066 Kn1ve Kil far 47" GRASS (knlves,clevis,spacers,bons,nuts,washers) 47 $ 2,208 08744067 Kntve l<lt far 47" UNIV (l<nlves,clellis,&pacera,bolts,nuls,washer&) 42 $ 2,179 06744068 Knive Kit for 47" HEDGE (knive&,clevts,~,bolts,nuts.wa&llel'G) 49 s 1,935 06744069 Blade Kit for 60" Rol8ry (knives,bolls.,Gpacera,nuts,plna) 28 $ 222

DITCH BANK MOWER
FIIIIMGMr.

PCS!;dptloo 4RlllD- 01111 1.11:tl!rJrz
N -•Ba• I
DBM Rear Dilch Bialk M_. with 80' Rotary cutter head 1IIOO $ 17,688 INCWDES: Rear 3 point Ditch Bank Mower, Calll9DIY II ar cat Ill 3 Poln1 Hitch, S40 or 1000 PTO. 130" horizontal reach. 60" Rotary cutter head.Travel lock.

Addlllonal front & left raar ballll8t may be requlrad for desired tractor atability, Ballot Not Included. 6PPUJ9tW- ciftl9N! ffl9M J>@&"Liii:r'
EeUmated 4124 dalivary added 10% price Increase
Non Contract Local Freight
Pn!p and POI & Operalffl 8ale\y Tralnlrv
Cal Slate Tax at 8. 75% (less Freight & Training)
NOTE: NEED TRACTOR BRAND & MODEL NUMBER
Freight la an eetlmate only, may c:hange st Ume of shipment Totaltl
$ 4,51
s 1,600
$ 3,500
$ 4,017
mm: SJJurq,un
18% $
18% $
18% $ 28,677.04
18% $
18% $
18% $
18% $
18% $
18% $ 12,467.44
18% $
I I
18% $
18% S
18% $
18% $ 182.04
DJK
18" $
$
$ 4,590.72
$ 1.1100.00
$ 3,500.00
$ 4,018.88
s
s. 66 024.12
Transmission
'CallTypa ;.;....- ------- ---- ---
HD Rear Boom Flail-Rotary
zwocrr,wwo
All prices are FOB 088!1na11on.

Pricei; are &Ul>jeCt to cnangewllhout llOlk:e.

Prices are 6Ul)Jeel to change wllhout notice.

All prices are FOB Destination.

Pnces are 611bject to change wi1h0111 notice.
24WW0001
141

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142
24SW0001
7/5/2023
SKUii
Municipal Maintenance Equipment
4634 Mayhew Rd.

Sacramento, CA 95827
Sourcewell Contract# 031121-{)D8
DCL800SM20 X-TREMEVACBYODBMODEL DCl.8005M20
SOURCEWELL DISCOUNT 4.5%
JD74PSM John Deere 4045TFC03 Diesel Engine 74 HP Anal Tier 4 20 cubic yard
28" suction impeller with six 3/8" thick T-1 steel blades 4 groove power band belt driven
40 gallon polyethylene fuel tank
Electronic engine controls with safety·shut downs
13" clutch assembly with 2.2511 PTO shaft & safety engagement 3 axis hose bootn with proportional in cab controls
16" x 144" urethane suction hose with steel nozzle
Gear driven hydraulic pump powers 15.2 ton capacity hoist Boxed perforated radiator screen
1/4" thick skid deck with channel members on ends
Rear back up camera with 5.6• color screen
Remote electric throttle & remote clutch engagement
Hydraulic rear door latches with in-cab electronic controls In cab hydraulic monitoring
Gear driven hydraulic pump powers 15.2 ton capacity hoist Light bar on hopper with 4 front facing amber flashing LED lights LED DOT lights
2 Oval LED flashers at rear
140PT Engine remote oil drain
SCl.805810P 11 Gauge perf screens
ZJOPT Chipper door with trailer hitch package
TDDL15470JS LED Traffic directional light bar mounted on the rear door UUEMPS25TS4F Two (2) surface mounted LED flashers in front bumper •2 per Z40PT Tool Box mounted and installed
1522XZ

CHASSIS
SOR
1242,CZ
30" CCW Shred-Master Fan
Freightliner M2 106 Plus Allison 2500 RDS 2024
Fontain Dual Steer Modification
New Chassis - Custom Engineered Decking Fee
$
$
$
$
$
$
$
$
$
$
$
$
$
Equipment Total: $
Transportation cost TO DEALER:

Local Dealer POI:

Local Delivery:

Training at Customer Facility:

Additional Discount Offered By Local Dealer:

Net Equipment Total :

Sales Tax• 8.759' (less PDI, Training & Freight):
$
$
$
$
$
$
$

LOS BANOS, CA
lOS BANOS, CA
Sourc:ewell #
MSRP
117,904.90
(5,305.72}
12,891.60
482.08
1,071.99
3,60.14
1,689.55
&43A3
1,145.40
594.GB
92,842.00
13,546.00
6,180.00
247,948.45
8,000.00
(Z,765,00)
Z53,183A5
21,453.55
143
i
CA Tire Fee: $
Equipment Total lndudlng Tax:

Make Purchase Orders Out To: ODD 5118 Glen Alden Dr, Richmond, VA 23231 Contact: MJ Dubois P.hone: 410-924-1004 Email; MJDUBOIS@DUCOUC,COM

10.SO
$274,647.53
144
24SW0002
07/13/2023
NEW A!J SWEEPER UNIT- SOURCEWELLCON1RACTNO 093021-SWZ
Customer: CITY OF LOS BANOS Location· CALIFORNIA
Delcrtptioa Ameant
Scbwane Model A9 Monsoon TIER IV Street Sweeper 134 HP John Deere Auxiliary engine unit with 1!11 Ul!DYDI l!lldRmml 2024 Freigbtliner model Ml 33,000 GVWR, 164", dual steering with ahmlillumrims •Special Order Cl!assis Body mounting on chassis
Standard sweeping bead with rubber blast orifice
Sweep head deluge
Dual gutter brooms shall be 44" minimum diameter each and provide a minimum of 144" sweeping path (including suction head).

Dual gutter broom hydraulic tilt
Dual GEO gutter broom
Standby, Full with throttle ramp
Variable speed gutter brooms
10 Point grease manifold
Four camera system with split screen monitor
Alarm, smart backup
Water tank cspacity shall not be less than 250 gallons and be constructed of polyethylene for strength and corrosion resistance Water tllDk sight gauge side of tank
Water tank low level alaJm & indicator
Page I of 3
145
Description Amount
Front spray bar
Hopper spray bar with 4 additional nozzles
l 00 Gallon rear water tank
Auto drop down screens
Hopper drain 6" stainless steel
Hopper sound suppression
Hopper dump assist shaker I
Hopper deluge conical spray
Hopper up alarm & indicator
Hopper auxiliary engine screen cover
Hopper dump switches exterior, .both sides
High Strength Stainless Steel with Lifetime Warranty
Hydraulic filter restriction alarm and indicator
Low hydraulic level indicator in cab
Air filter restriction indicator - Dual rear strobe with guard LED - Arrow board, Traffic guide LED Strobe, cab with guard conventional LED
Grill mounted strobes (4) (Conventional Cab Only)
Paint Standard
Decal Kit
12" Parabolic mirror set
Page2of 3
146
Dacrl11tleD Amount
Air filter restriction indicator in chassis
Diamond - Five year/ 6000 hours warranty on sweeper
Local dealer pre delivery inspection
Delivery to customer facility
TOTAL PRICE OFFERED TO SOURCEWELL MEMBER $367,436.00
Sales Tax - 8. 7S% $32;150.65
California Tire Fee $10.50
TOTAL PRICE OFFERED TO SOURCEWELL MEMBER AFTER TAX $399,597.lS Sourcewell Contract NO 093021-SWZ
Vendor/Contract Holder Schwarze Industries Inc. 10S5 Jordan Roa~ Huntsville, AL 35811 PURCHASE ORDER TO BE MADE TO: Schwarze Industries, Inc.

Contact: M.J. DuBois Email: source_w~Jl@§.ch__warze.com Phone:410-924-1004

147

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148
LOsBanos
1 t tJw Cro~s, oads OJ Ct:tl~f ornia
Agenda Staff Report
TO: Mayor Llanez & City Council Members
FROM: Soknirorn Than, P. E., Public Works Director/City Enginee~ {C DATE: September 6, 2023
SUBJECT: Pacheco Boulevard (SR 152) Regional Path Project TYPE OF REPORT: Consent Agenda
Recommendation:

Staff recommends that the City Council take the following actions:

Adopt Resolution __

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS

BANOS DECLARING ITS INTENT TO NO LONGER PURSUE THE
PACHECO BOULEVARD (SR 152) REGIONAL PATH PROJECT
Background:

On November 6, 2019 the City Council resolved to move forward with the Pacheco Boulevard (SR 152) Regional Path project. The Pacheco Boulevard (SR 152) Regional Path project had been recognized as a Westside Regional Project in the then current Measure V Implementation Plan. With the recommendation of the Westside Regional Measure V Committee, the MCAG Governing Board approved the allocation of $2,221,000.00 to the project. The allocation is for all phases of the project; from environmental through construction. As a result the City entered into a funding agreement for the Pacheco Boulevard (SR 152) Regional Path Project with MCAG. 149
Discussion:

Prior to its inception, the Trail to college project was studied through a preliminary report completed by MCAG and Mark Thomas Co. The study evaluated four (4) alternatives for this project. Two (2) of the alternatives were located on the north side of Hwy 152 and two (2) were on the south side of Hwy 152. The two (2) north side alternatives include a pedestrian bridge across Los Banos Creek and the second alternative proposed a pedestrian barrier along the existing vehicular bridge.

The two (2) south side alternatives included a similar pedestrian bridge south of 152 and a pedestrian crossing at the existing traffic signal. The second alternative proposed an overpass across Hwy 152 and pedestrian barrier along the existing vehicular bridge.

At the first round of Measure V implementation plan, the North alternative with a pedestrian barrier along the existing vehicular bridge was selected. This is the least expensive option.

In the last year, staff has been working on project development and has solicited a design contract with Gouveia Engineering for this effort. Unfortunately, through the process the City has run in the following challenges that significantly impact the project viability:

1. Right-of-Way acquisition issues: through the initial ROW certification process. Staff has contacted and evaluated the fourteen (14) properties located with the proposed north alignment. Majority (if not all) property owners on the north side do not support the project and are unwilling to sell the needed properties for PUE.

Further evaluation determined that this would have to go through an eminent domain process which will be costly and prolong the project completion date. For this reason, staff re-engaged with MCAG and asked for additional funding to explore the South side. The south side is much more developable and does have proposed development that would be willing to work with the City in regard to ROW dedication.

2. Southside Design issues: with the ROW preliminary evaluation completed, Staff engaged Caltrans to discuss project concept. This concept built on top of the initial study report and review traffic signal modification and the inclusion of pedestrian barrier at the Los Banos Creek crossing (for pedestrian protection where a required highway clear zone cannot be met). In meeting with Caltrans, they find that the signal crossing is not an optimal solution for this project due to the speed as well as the potential red light violation that could result in serious or fatal accident. This then prompted them to require the City to look into the pedestrian overpass similar to that at 7th Street intersection. Unfortunately, such overpass will completely change the nature of the project and will significantly impact the project cost and schedule.
150

3. Operation and Maintenance: in addition to the design issues, Staff also ran into the operation and maintenance challenges. Since this trail is located outside of the City limit and within Caltrans ROW a maintenance agreement between Merced County, Caltrans, and the City will need to be executed. At this time, from a liability standpoint, this trail project does not have any lighting or electrical to facilitate usage at evening and night time hours (after the bus service ends each day). The addition of lighting will significantly impact the operation and maintenance if this project moves forward.

With all the challenges encountered during the initial design of this project, Staff has determined that this project will need significantly more planning and development effort and joint efforts with Caltrans, Merced County, the City and Merced College. Until such issues are resolved, this project will not be able to move forward. With the Funding agreement deadline looming, Staff is recommending termination of the Funding agreement and reevaluate the Measure V regional project priority and possibly reallocating the funding to the much needed intersection improvements and safety at Vineyard/165 and Scripps/165.

Fiscal Impact:

The City will lose the Measure V funding contribution for the project.

Brent Kuhn,
Manager Interim Finance Director
Attachments:

Funding Agreement
151

THIS PAGE IS INTENTIONALLY LEFT BLANK
152
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LOS BANOS DECLARING ITS INTENT TO NO LONGER
PURSUE THE PACHECO BOULEVARD (SR 152) REGIONAL

PATH PROJECT
WHEREAS, on November 8, 2016, the voters of Merced County approved Measure V, thereby authorizing MCAG to administer the proceeds from the one-half cent transaction and use tax (Measure V); and
WHEREAS, a portion of the Measure V proceeds are designated for Westside Regional Projects; and
WHEREAS, with the Westside Regional Measure V Committee recommendation, the MCAG Governing Board approved the Pacheco Boulevard (SR 152) Regional Path Project (Project) as a regional project; and
WHEREAS, the MCAG Governing Board approved the allocation of $2,321,000 to this Project; and
WHEREAS, the approved allocation is for the Project Study Report, Alternative Alignment Study, Environmental Clearance, Design, and Right-of-way Acquisition, and construction phases of the Project; and
WHEREAS, all approved projects that are allocated Measure V Fundin·g are required to have a funding agreement between MCAG and the affected jurisdiction; and WHEREAS, the Measure V Regional Project Funding Agreement No. 20220616TPLB1 for the Pacheco Boulevard (SR 152) Regional Path Project between the City of Los Banos and MCAG was entered into on June 16, 2022 (replacing funding Agreement No. 20190923); and
WHEREAS, the City of Los Banos has determined that pursuing the Project at this time is no longer in the best interests of the City.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby declare its intent to no longer pursue the Project and authorizes the City Manager to notify MCAG of said intent and execute a document if required by MCAG to terminate the aforementioned Project Funding Agreement No. 20220616TPLB1 upon review and approval by the City Attorney.
153
The foregoing resolution was introduced at a regular meeting of the Los Banos City Council held on the 6th day of September 2023, by Council Member ----- who moved for its adoption, which motion was duly seconded by Council Member ______ , and the Resolution was adopted by the following vote:

AYES:

NOES:

ABSENT:

APPROVED:

Paul Llanez, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
154
Measure V Regional Project Funding Agreement No. 20220616TPLB1

MEASURE V REGIONAL PROJECT FUNDING AGREEMENT
between

MERCED COUNTY ASSOCIATION OF GOVERNMENTS
and the

CITY OF LOS BANOS
This Measure V Regional Project Funding Agreement ("AGREEMENT"), effective June 16. 2022, is entered into by and between Merced County Association of Governments, a joint powers authority pursuant to California Government Code Section 6500 et seq. (MCAG), and the City of Los Banos, ("RECIPIENT") for the Pacheco Boulevard (SR-152) Regional Path rPROJECT").

RECITALS
A. On November 8, 2016, the voters of Merced County, pursuant to the provisions of the Local Transportation Authority and Improvement Act, California Public Utilities Code Section 180000 et seq. ("Act"), approved Measure V, thereby authorizing MCAG to administer the proceeds from the one-half cent transaction and use tax {"Measure V").

B. The duration of the Measure V transportation sales tax will be 30 years from the initial year of collection, which began April 1, 2017, with said tax to terminate/expire on March 31, 2047. The tax proceeds will be used to pay for the programs and projects outlined in Merced County's 2016 - ½ Cent Transportation Sales Tax Measure Expenditure Plan {"Expenditure Plan"), as it may be amended in accordance with State law.

C. This AGREEMENT delineates the rights and responsibilities of the Parties hereto as they relate to the Regional Projects funds that are allocated to the PROJECT by the MCAG Governing Board, as authorized by the Expenditure Plan.

D. The parties previously entered into a funding agreement for the Project (Measure V Regional Project Funding Agreement No. 20190923;
E. The parties intent is to replace Agreement No. 20190923 in its entirety with this new Agreement NOW, THEREFORE, it is mutually agreed by and between the parties as follows:
1 155
Measure V Regional Project Funding Agreement No. 20220616TPLB1 ARTICLE I: REGIONAL PROJECTS FUNDING ALLOCATION
This AGREEMENT authorizes MCAG to allocate Regional Projects funds derived from Measure V receipts to RECIPIENT in accordance with the voter-approved Expenditure Plan based on the PROJECT's satisfaction of the following criteria:
• The PROJECT is of regional significance by being located on the State Highway System, the Regional Road System, in more than one jurisdiction, and/or directly benefiting more than one jurisdiction.
• The PROJECT is included in the applicable Regional Transportation Plan {RTP). • The PROJECT was recommended by the appropriate Regional Projects Committee of authority based on the PROJECT location.
• The PROJECT was approved by the MCAG Governing Board. • The PROJECT is included in the current Measure V Implementation Plan.

ARTICLE II: PROJECT SCOPE, COSTS, AND SCHEDULE
A. Project Scope

1. The PROJECT funding allocation was approved by the MCAG Governing Board for Alignment Study, Environmental, Design, Right-of-Way, and Construction.

2. The PROJECT will be to construct a Class I trail along SR-152 between the City of Los Banos and Merced College, Los Banos Campus.

3. In utilizing the Measure V funding allocation, the RECIPIENT shall only proceed with work authorized for the specific phase(s) with written "Authorization to Proceed." Withins days of the execution of this AGREEMENT or amendment thereof, MCAG shall provide a written "Authorization to Proceed" to the RECIPIENT.

B. Project Costs

1. The PROJECT has a total estimated project cost of $2,321,000 as of the date of this AGREEMENT.

2. The PROJECT has been approved for an allocation from the Measure V East Side Regional Projects funding account in an amount not to exceed $2,321,000.

3. The RECIPIENT is responsible for any PROJECT cost overruns. Requests for additional Measure V regional projects revenue beyond what is approved and programmed in the current Implementation Plan may be considered by MCAG through an amendment to the 2 156
Measure V Regional Project Funding Agreement No. 20220616TPLB1 Implementation Plan. All Implementation Plan amendments must be approved by the Governing Board.

4. Regional funding allocated to RECPIENT for the PROJECT that remains unspent at the completion of the PROJECT will remain in the appropriate Regional Projects funding account and will be eligible for future programming to regional projects as authorized by the Expenditure Plan.
c. Project Schedule

1. RECIPIENT shall adhere to the following schedule to deliver the PROJECT in a timely manner.

Inactivity causing delays of 6 months or more during any phase of the PROJECT shall require action from the MCAG Governing Board to either extend the PROJECT schedule through an amendment to this AGREEMENT or reallocate the PROJECT's funding to another project in the current Implementation Plan.
a. Alignment Study
b. Environmental Study
Contract to be awarded in Summer 2022
To be completed Spring 2024
c. Right-of-Way Acquisitions To be completed Spring 2025 d. Construction To be awarded Summer 2025

2. The RECIPIENT has six months from the date of this AGREEMENT to execute consultant contracts or initiate work if done by the RECIPIENT's staff.

3. The RECIPIENT shall advertise, award, and administer the PROJECT in accordance with RECIPIENT standards and all applicable federal and state laws.

4. Award information shall be submitted by the RECIPIENT to MCAG within sixty {60) days after the project contract award.

5. If no costs have been invoiced for a six-month period, RECIPIENT agrees to submit for each phase a written explanation of the absence of the PROJECT's activity along with target billing date and target bllling amount.

6. Measure V Regional Projects funding allocated to the PROJECT that remains unused at the conclusion of the PROJECT schedule above (including any extensions authorized by MCAG) may be redistributed to other regional projects within the current Implementation Plan at the discretion of the MCAG Governing Board.

D. Changes to Project
Changes to the PROJECT scope, schedule or Measure V Regional Projects funding allocation may require an amendment to the Measure V Implementation Plan at the discretion of the 3 157
Measure V Regional Project Funding Agreement No. 20220616TPLB1 MCAG Governing Board. Subsequently, any amendments to the Implementation Plan related to the PROJECT will also require an amendment to this AGREEMENT, requiring action from both parties.

ARTICLE Ill: FUNDING AND EXPENDITURES
A. MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG)

1. RECIPIENT shall be reimbursed no later than thirty (30) days following the submission of invoices to MCAG for allowed PROJECT costs, with the exception of costs associated with compliance with the requirements outlined in Article IV, Section A of this AGREEMENT.

2. MCAG shall provide the reimbursement forms and documentation requirements for the submission of invoices to RECIPIENT no later than thirty (30) days following the date of this AGREEMENT.

3. MCAG shall include Measure V Regional Projects funds distributed to the PROJECT in a quarterly report to the MCAG Governing Board.

4. Per the Expenditure Plan, MCAG shall provide for an independent annual audit of Measure V revenue and expenditures for all funding categories, including the PROJECT.

5. MCAG shall provide thirty (30) days notice to RECIPIENT prior to conducting an audit of Regional Project funds received by RECIPIENT for the PROJECT to determine whether the RECIPIENT's use of said funds is in compliance with this AGREEMENT and the Expenditure Plan.

B. REOPIENT'S DUTIES AND OBLIGATIONS

1. RECIPIENT shall use all Regional Projects funds received for this PROJECT in compliance with the applicable guidelines and plan(s), as they may be adopted or amended by the MCAG Governing Board in accordance with applicable law.

2. RECIPIENT must account for Regional Projects funds separately- independent of Measure V Local Projects accounts. The accounting system shall provide adequate internal controls and audit trails to facilitate an annual compliance audit for each fund type and the respective usage and application of said funds. MCAG and its representatives and agents shall have the right at any reasonable time to inspect and copy any accounting records related to such funds, except to the extent specifically prohibited by applicable law. 4 158
Measure V Regional Project Funding Agreement No. 20220616TPLB1

3. RECIPIENT will utilize the Designated Reporting Tool to provide MCAG with the required information related to Regional Projects fund expenditures according to the following schedule:

Quarter
FY21-22 Q4
FY22-23 Ql
FY 22-23 Q2
FY 22-23 Q3
FY22-23 Q4
FY 23-24 Ql
r FY 23-24 Q2
Reporting Period
April 1 to June 30
July 1 to September 31
October 1 to December 31
January 1 to March 31
April 1 to June 30
July 1 to September 31
October 1 to December 31
*60 days provided for the 4th qua rte~ of each fiscal year.

C. OTHER CONSIDERATIONS
Due Date
- August 30, 2022 *
October 31, 2022
January 31, 2023
April 30, 2023
-
August 30, 2023 *
October 31, 2022
- --~ January 31, 202~--. I

1. PROJECT-Specific Allocation: RECIPIENT shall use all Regional Projects funds allocated to the PROJECT solely for the PROJECT. Any jurisdiction that violates this provision, as determined by the MCAG Governing Board or Measure V Citizens Oversight Committee, must fully reimburse all misspent funds, including all interest which would have been earned thereon.

The interest rate shall not exceed the maximum allowed by law.

2. Staff Cost Limitations: Direct costs associated with the delivery of programs and projects associated with the PROJECT, including direct staff costs and consultant costs, are eligible uses of said funds. Indirect costs, including, but not limited to, overhead costs such as rent, utilities, and human resources staff, are not allowed.

3. ~ The PROJECT shall comply with the California Environmental Quality Act (CEQA) and other environmental reviews as required.

4. Promotion: At a minimum, RECIPIENT agrees to promote the PROJECT through branded signage and is encouraged to utilize additional means such as news releases, social media, events, or any other tools to communicate to the public that the project was funded by Measure V. RECIPIENT also agrees to provide MCAG with at least five (5) photographs of the project, either in progress, before and after completion, or some combination thereof. At least one photograph of the completed PROJECT is required. 5 159
Measure V Regional Project Funding Agreement No. 20220616TPLB1 ARTICLE IV: REPORTING REQUIREMENTS
A. REQUIREMENTS AND WITHOLDING
RECIPIENT shall comply with each of the reporting requirements set forth below. If RECIPIENT fails to comply with one or more of these requirements, MCAG may withhold reimbursement payment for the PROJECT until full compliance is achieved.

1. As a means to keep the public informed, the RECIPIENT, at a minimum, shall provide quarterly updates of current and accurate information on RECIPIENT'S website (if applicable) and to MCAG for the Measure V website, related to the PROJECT'S progress.

2. RECIPIENT shall, at least annually, publish an article highlighting the PROJECT, or provide information to MCAG regarding such project or program for publication.

3. RECIPIENT shall make its administrative officer or designated staff available upon request to render a report or answer any and all inquiries in regard to RECIPIENT's receipt, usage, and/or compliance with audit findings regarding the PROJECT before the Citizens Oversight Committee.

4. RECIPIENT agrees that MCAG may review and/or evaluate the PROJECT pursuant to this AGREEMENT. This may include visits by representatives, agents or nominees of MCAG to observe RECIPIENT'S project or program operations, to review project or program data and financial records, and to discuss the project with RECIPIENT's staff or governing body.

ARTICLE V: OTHER PROVISIONS
A. INDEMNITY BY RECIPIENT
Neither MCAG nor its governing body, elected officials, officers, consultants, agents or employees shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by RECIPIENT in connection with the Regional Projects funds distributed to RECIPIENT for the PROJECT pursuant to this AGREEMENT. It is also understood and agreed, pursuant to Government Code Section 895.4, that RECIPIENT shall fully defend, indemnify and hold harmless MCAG, its governing body, elected officials, officers, agents and employees from any liability imposed on MCAG for injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by RECIPIENT for the PROJECT in connection with the Regional Projects funds distributed to RECIPIENT pursuant to this AGREEMENT.
6 160
Measure V Regional Project Funding Agreement No. 20220616TPLB1 B. INDEMNJlY BY MCAG
Neither RECIPIENT nor its governing body, elected officials, officers, consultants, agents or employees shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by MCAG under or in connection with any work, authority or jurisdiction delegated to MCAG under this AGREEMENT. It is also understood and agreed, pursuant to Government Code Section 895.4, that MCAG shall fully defend, Indemnify and hold harmless RECIPIENT, its governing body, elected officials, officers, agents and employees from any liability imposed on RECIPIENT for injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by MCAG under or in connection with any work, authority or jurisdiction delegated to MCAG under this AGREEMENT.

C. JURISDICTION AND VENUE
The laws of the State of California will govern the validity of this AGREEMENT, its interpretation and performance, and any other claims to which it relates. All legal actions arising out of this AGREEMENT shall be brought in a court of competent jurisdiction In Merced County, California.

D. ATTORNEY'S FEES
Should it become necessary to enforce the terms of this AGREEMENT, the prevailing party shall be entitled to recover reasonable expenses and attorney's fees from the other party.

E. TERM
The term of this AGREEMENT shall be from June 16, 2022 to sixty (60) days following the completion of the scope of work as described in Article II, unless amended in writing or a new Measure V Regional Project Funding Agreement is executed between MCAG and RECIPIENT, F. SEVERABILllY
If any provision of this AGREEMENT is found by a court of competent jurisdiction to be unenforceable, such provision shall not affect the other provisions of the AGREEMENT, but such unenforceable provisions shall be deemed modified to the extent necessary to render it enforceable, preserving to the fullest extent permissible the intent of the parties set forth in this AGREEMENT.
7 161
Measure V Regional Project Funding Agreement No. 20220616TPLB1 G. ENTIRE AGREEMENT; MODIFICATION
This AGREEMENT, as well as the referenced Expenditure Plan, constitutes the entire AGREEMENT and supersedes and replaces Agreement No. 20190923 dated December 20, 2019 and all prior written or oral understandings regarding the Regional Projects funding for the PROJECT. This AGREEMENT may only be modified by a written agreement executed by both parties.

IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly authorized officers as of the date first written below. /}
I
CITY OF LOS BA')' s (RECIPIENT) . I
By:
{..

Date
Approved as to Budget/Financial Controls:

By:

MERCED COUNTY AsSOCIATION OF GOVERNMENTS (MCAG)
s,~ .~
Executive Director
Reviewed as to Budget/Financial Controls:

Finance Director Finance Director
Approved as to Legal Form: Approved as to legal Form:

City Attorney Legal Counsel to MCAG
8 162
LOsBanos
At the Cross,~oads of California
Agenda Staff Report
TO: -z ~
~' Mayor and City Council Members
FROM: Joe Heim, Interim Parks and Recreation Director
DATE: September 6, 2023
TYPE OF REPORT: Consent Agenda
SUBJECT: Authorizing Change Order No. 5 to the Construction Contract with Pro Group Painting for the Exterior Painting of the Los Banos Community Center and amending the Fiscal Year 2023-2024 budget by increasing the appropriation amount in the Recreation account in the amount of $74,000.00
Recommendation:

That the City Council adopts the Resolution authorizing the Public Works Director/City Engineer to execute Change Order No. 5 to the Construction Contract with Pro Group Painting for the exterior painting of the Los Banos Community Center and amending the Fiscal Year 2023-2024 Budget by increasing the appropriation amount in the Recreation account (100-451-240-205) in the amount of $74,000.00 to provide a total project budget of $124,000.00.

Background:

The Public Works Department released the bid documents for the exterior painting of four city-owned buildings: City Hall, Miller & Lux, Police Annex and Fire Station #1 on March 29, 2023. The public notice was advertised in the Merced Sun Star on March 29, 2023.

The bid opening occurred on April 27, 2023.

The Public Works Department, through the office of the City Clerk, received ten (10) timely bids. After a detailed review of the submitted bid documents from staff, staff determined that Pro Group Painting is the lowest responsive and responsible bidder. Therefore, on May 17, 2023, City Council awarded the contract to Pro Group Painting.

Discussion:
163
The Los Banos Community Center was constructed in 2009 and is one the premier Cityowned buildings. It includes four connecting buildings. Observation of the buildings showed fading and discoloration of exterior paint throughout the facility.

City staff intends to utilize the painting contract with Pro Group Painting to paint the exterior of the Los Banos Community Center. Work will include pressure washing, scraping, sanding and preparing surfaces as necessary. A primer_ will be applied to bare and exposed surfaces. The exterior paint will match current color combinations and provide a refreshed aesthetic to the building.

The quote provided by Pro Group Painting provides a base bid of $107,934.00 and an additive alternate bid of $4,694.00 The alternate bid includes the downspouts and gates.

City staff is recommending to include both the base bid and additive alternate bid for a total quote of $112,628.00. City staff is recommending a total project budget of $124,000.00 to provide a 10% contingency amount for the project. Contingency funding will be used for any unforeseen conditions.

There is presently $50,000.00 available for the project in Recreation line item, 100-451- 240-205. An additional $74,000.00 is requested to meet the project budget total of $124,000.00.

Work is anticipated to be complete in Fall 2023.

Fiscal Impact:

Staff is requesting to amend the Fiscal Year 2023-2024 budget to increase appropriations in Recreation account, 100-451-240-205, by $74,000.00. The total project budget will be $124,000.00.

M~terim Finance Director
Attachments:

Resolution
Change Order No. 5
Pro Group Painting Quote
164
RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS AUTHORIZING THE

PUBLIC WORKS DIRECTOR/CITY ENGINEER TO
EXECUTE CHANGE ORDER NO. 5 TO THE

CONTRACT WITH PRO GROUP PAINTING AND
AMEND THE FISCAL YEAR 2023-2024 BUDGET

BY INCREASING THE APPROPRIATION
AMOUNT IN THE RECREATION ACCOUNT 100-
451-240-205 IN THE AMOUNT OF $74,000.00
WHEREAS, the City Council of the City of Los Banos has been presented a proposal to increase appropriations in the Fiscal Year 2023-2024 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 amendment to the Fiscal Year 2023-2024 would increase expenditures by $74,000.00 in the Recreation account (100-451-240-205); and WHEREAS, the City of Los Banos is entering into the Contract Change Order No. 5 for the Contract with Pro Group Painting in the amount of $112,628.00 for the Exterior Painting of the Los Banos Community Center; and WHEREAS, the term of the Contract Change Order shall be effective upon execution of the parties to this contract; and
WHEREAS, all the terms and conditions of the contract remain in full effect except as expressly amended by the Change Order; and
WHEREAS, the project contingency amount shall include an additional 10% contingency amount of $11,372.00 for a total project budget of $124,000.00; and WHEREAS, the City Council of the City of Los Banos designates the Public Works Director/City Engineer to sign and execute the Change Order to the total project amount.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby:

Approves the Change Order No. 5 to the Construction Contract with Pro Group Painting for the Exterior Painting of the Los Banos Community Center in the amount of $112,628.00 and a total project budget of $124,000.00. 165
Amends the 2023-2024 Fiscal Year Budget to include an increase of $74,000.00 to expenditures in the Recreation account (100-451-240-205).

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 6th day of September 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
166
Change Order No. 5 - Community Center Exterior Painting PROJECT: Exterior Paint of 4 City-Owned Buildings
OWNER: City of Los Banos
CONTRACTOR: Pro Group Painting
The following changes are hereby made to the CONTRACT DOCUMENTS:

1. The following Bid Items have been added:

No. Description
CCOS Community Center
Exterior Painting
Original
Quantity
0 Final
Quantity
1 Adjusted Type of
Quantity Unit
1 LS
Date: September 6, 2023
Agreement Date: June 2, 2023
Unit Cost
$ 112,628.00
Amount
Increased/Decreased
$112,628.00
TOTAL this CHANGE ORDER: $112,628.00
Justification:

Owner Change Request to furnish all labor, material, and equipment to complete the exterior painting of the Community Center. See Appendix A.

This change order includes:
• pressure wash, scape, sand, and prepare surfaces as necessary. • Mask all surfaces not included in painting scope of work. • Apply spot primer to bare and exposed surfaces.
• Apply paint to all surfaces included in painting scope of work. • Clean up and hall away material.
• Surfaces to be painted are as follows: all surfaces indicated in color chart provide by City.

Change to CONTRACT PRICE:

Original CONTRACT PRICE:

Previous Change Order Amount:

Current Change Order Amount:

The new CONTRACT PRICE including this
CHANGE ORDER will be:

Change to CONTRACT TIME:

The CONTRACT TIME will be (increased} by TBD working days.

The date for completion of all WORK will be:
$ 143,767.00 --- ----'----
$ 102,808.00 - ---------
$ 112,628.00 --- ---~-- -
$ 359,203.00 - - - ----'----
N/A
The undersigned hereby agrees to the above-described amendment of the Contract. Change Order No. 5 represents all changes in the Contract to date.
167
Change Order No. 5 - continued
Exterior Paint of 4 City-Owned Building

Pro Group Painting, Name, Signature, and Date
CITY OF LOS BANOS, Name, Signature, and Date
This Change Order shall become a part of the Contract Documents only upon signature of both parties.
168
Pro Group Painting
10167 Ellenwood Ave
Sacramento, CA 95827
August 29, 2023
Proiect:

Los Banos Community Center
645 7th Street. Los Banos, CA 93635
Quote
CSLB# 884191
DIR# 1000434941
Licensed, Bonded, & Insured
Scope of Work: Furnish all labor, material, and equipment to complete the exterior painting of Community Center as detailed below.

Description:
• Pressure wash, scrape, sand, and prepare surfaces as necessary • Mask all surfaces not included in painting scope of work. • Apply spot primer to bare and exposed surfaces.
• Apply paint to all surfaces included in painting scope of work. • Clean up and hall away material.
• Surfaces to be painted are as follows: all surfaces indicated in color chart provide by City & attached to this quote.

Base Bid: $107,934
Additive Alternate (Downspouts & Gates): $4,694
Thank you for the opportunity to provide you with a quote. For questions, please contact Mike Karapetyan at (916) 524-2196
1 169

THIS PAGE IS INTENTIONALLY LEFT BLANK
170
TO:

FROM:

DATE:

LOsBanos
At Liu· Crossroads <~I (:al~fon1ia
Agenda Staff Report
Mayor and City Council Members
Soknirorn Than, P.E., Public Works Director/City Engineer~{ L_ September 6, 2023
TYPE OF REPORT: Consent Agenda
SUBJECT: Authorizing Change Order No. 2 to the Construction Contract with United Pavement Maintenance, Inc. in the amount of $885,760.56 for the Rehabilitation of Birch Avenue and G Street
Recommendation:

That the City Council adopts the Resolution authorizing the Public Works Director/City Engineer to execute Change Order No. 1 to the Construction Contract with United Pavement Maintenance, Inc. for the Rehabilitation of Birch Avenue and G Street.

Background:

On June 7, 2023 the City Council adopted a resolution authorizing the City Manager to award the contract to United Pavement Maintenance, Inc. for the rehabilitation of the following streets:

1. Overland Avenue from North Street to Nantes Avenue

2. San Luis Street from SR-165/Mercey SpringsRd to Miller Lane

3. East B Street from Place Road to Ward Road

4. Badger Flat Road from City Limits to SR-152/Pacheco Blvd

5. Cardoza Road from Hemlock Drive to Ortigalita Road
This project was advertised on April 26, 2023. The bid opening was held on Thursday, May 23, 2023.

Discussion:
171
At the June 7, 2023 City Council meeting, the City Council also adopted a new Road Maintenance and Rehabilitation Account (RMRA) project list for FY24. In this list, Birch Avenue from Ortigalita Road to Eucalyptus Drive and G Street from Mercey Springs Road to Santa Rita Avenue were identified for rehabilitation and overlay.

Since these two street segments were identified after the bid advertisement was released with the FY23 Pavement Rehabilitation Project, staff was not able to include these two projects during the award period. However, in partnership with United Pavement Maintenance, Inc., staff was able to negotiate a scope change and incorporate these two new projects with the other five street segments. Under this change order, United Pavement is proposing to use the same unit price that was competitively bid and selected under the current project. This resulted with following estimate:

1. Birch Avenue Rehabilitation - $772,800.70

2. G Street Grind and Overlay - $112,959.86
This brings the total change order cost to $885,760.56. Staff is recommending an increase to the existing contingency of ten percent (10%) for an additional $88,576.00. The administration of this Change Order, including the 10% contingency, is to be performed by the Public Works Director/City Engineer.

Fiscal Impact:

Funds for the addition of these two street segments have been programmed from the Measure V account 214-430-210-715 and the Streets account 100-431-210-715 in the 2023-2024 (FY24) fiscal year budget.

Revi
Brent Kuhn, Interim Finance Director
Attachments:

Resolution
Change Order No. 2
172
RESOLUTION NO. __

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS AUTHORIZING THE

PUBLIC WORKS DIRECTOR/CITY ENGINEER TO
EXECUTE CHANGE ORDER NO. 2 TO THE

CONTRACT WITH UNITED PAVEMENT
MAINTENANCE, INC. IN THE AMOUNT OF
$885,760.56 FOR THE REHABILITATION OF

BIRCH AVENUE AND G STREET
WHEREAS, the City of Los Banos is entering into the Contract Change Order No. 2 for the Contract with United Pavement Maintenance, Inc. in the amount of $885,760.56 for the Rehabilitation of Birch Avenue and G Street; and WHEREAS, the term of the Contract Change Order shall be effective upon execution of the parties to this contract; and
WHEREAS, all the terms and conditions of the contract remain in full effect except as expressly amended by the Change Order; and
WHEREAS, the project contingency amount shall be increase for an additional 10% of the Change Order amount for an additional $88,576.00; and WHEREAS, the City Council of the City of Los Banos designates the Public Works Director/City Engineer to sign and execute the Change Order to the contract up to the new contingency amount.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby approve the Change Order No. 2 to the Construction Contract with United Pavement Maintenance, Inc. for the Rehabilitation of Birch Avenue and G Street in the amount of $885,760.56 and increase the project contingency amount for an additional $88,576.00.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 6th day of September 2023, by Council Member ___ who moved its adoption, which motion was duly seconded by Council Member ___ and the Resolution adopted by the following vote:
173
AYES:

NOES:

ABSENT:

APPROVED:

Paul Llanez, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
174
Change Order No. 2 - Rehabilitation of Birch Avenue and G Street PROJECT: FY 23 Street Rehabilitation Project
PROJECT No. : =23""'S""'"T-=- 00=0~6'----------
OWNER: City of Los Banos
CONTRACTOR: United Pavement Maintenance
The following changes are hereby made to the CONTRACT DOCUMENTS:

1. The following Bid Items have been added:

Date: September 6, 2023
Agreement Date: June 8, 2023
Original Final Adjusted Type of Amount
No. Description Quantity Quantity Quantity Unit Unit Cost lncreased/Decreas, CCO2A 0 1 1 LS $ 772,800.70 $ 772,800. 70
CCO2B 0 1 1 LS $112,959.86 $112,959.86
TOTAL this CHANGE ORDER: $885,760.56
Justification:

See attached
Change to CONTRACT PRICE:

Original CONTRACT PRICE:

Previous Change Order Amount:

Current Change Order Amount:

The new CONTRACT PRICE including this
CHANGE ORDER will be:

Change to CONTRACT TIME:

The CONTRACT TIME will be (increased) by 45 working days.

The date for completion of all WORK will be:
$ 2,041,755.44 ------~--
$ _____ 11_2.:__ ,4_30_._88_
$ $885,760.56 ---------
$ 3,039,946.88 ------~--
45 11/28/2023
The undersigned hereby agrees to the above-described amendment of the Contract. Change Order 175
Change Order No. 1 - continued
FY 23 Street Rehabilitation Project
23ST0006

No. 1 represents all changes in the Contract to date.

UNITED PAVEMENT MAINTENANCE, Name, Signature, and Date
CITY OF LOS BANOS, Name, Signature, and Date
This Change Order shall become a part of the Contract Documents only upon signature of both parties.
176
United Pavement Maintenance
P.O. Box 1017
Hughson, CA
Phone: 209-883-4345
LIC. NO. 905503
DIR# 1000878534

CHANGE ORDER REQUEST
TO: Nirom Than
City of Los Banos Public Works
(209) 827-2466
[email protected]
PROJECT: FY 23 Street Rehabilitation
RE: Birch Avenue Rehabllltatlon
OPTION 1 - Pulverize, Grade, & Pave

ITEM DESCRIPTION
2c Traffic Control (Set up Detours)
2d Traffic Control (Maintain Detours)
2e Traffic Control (Remove Detours)
4 Construct Case A Curb Ramp
5 Construct Case C Curb Ramp
7 Pulverize and Grade Pavement
12 Furnish and Place Asphalt Concrete
14 Adjust Valve Box to Grade
15 Adjust Manhole Cover to Grade
16 Adjust Monument Cover to Grade
17 Adjust Cleanout Cover to Grade
21 Apply Thermoplastic Markings
22 Reinstall Salavged Sign
Comer Aprons at Valley Gutters
QTY
1 1
1 9
17 84050
2100
13 8
3 1
840
8 3780
DATE:

UPDATE:

REV:

JOB NO.:
8/2/2023
8/22/2023
1 23-33
UPM CHANGE ORDER# 001 ----- -~ CCO# TBD
------~

UNIT TOTAL

UNIT PRICE AMOUNT
LS $ 2,500.00 $ 2,500.00
LS $ 2,000.00 $ 2,000.00
LS $ 2,500.00 $ 2,500.00
EA $ 13,000.00 $ 117,000.00
EA $ 9,200.00 $ 156,400.00
SF $ 0.80 $ 67,240.00
TN $ 108.00 $ 226,800.00
EA $ 1,000.00 $ 13,000.00
EA $ 1,300.00 $ 10,400.00
EA $ 1,000.00 $ 3,000.00
EA $ 1,500.00 $ 1,500.00
SF $ 6.00 $ 5,040.00
EA $ 350.00 $ 2,800.00
SF $ 40.00 $ 151,200.00
PROJECT OH&P INCLUDED $ - PROJECT BOND 1.5% $ 11,420.70 TOTAL CHANGE ORDER REQUEST $ 772,800.70
CONTRACT TIME EXTENSION REQUEST 4 5
(WORKING DAYS)
CONDITIONS/SCOPE:
- Pricing based on performing similar work for current contract. - Asphalt quantity based on 4" HMA Section
- Thermoplastic markings include 4 crosswalks located at Birch Ave & West I St and 1 crosswalk at Birch Ave & Ortlgalita Rd, along with 5 stop legends replaced in kind - Traffic Control based on full road closure
- Final quantities to be measured in the field.
- DOES NOT INCLUDE DIGOUTS. ADDITIONAL COST MAY APPLY; TO BE DETERMINED IN THE FIELD SIGNED: Se.ott v~ SIGNED:
------------------ UPM --------------- OWNER/CONTRACTOR DATE: 8/2212023 DATE:
----------------- --------------- Owner/Contractor * Project Management * Accounting * File 177

THIS PAGE IS INTENTIONALLY LEFT BLANK
178
179
180
181

THIS PAGE IS INTENTIONALLY LEFT BLANK
182
United Pavement Maintenance
P.O. Box 1017
LIC. NO. 905503
DIR# 1000878534
Hughson, CA
Phone: 209-883-4345

CHANGE ORDER REQUEST
TO: Nirorn Than
City of Los Banos Public Works
(209) 827-2466
[email protected]
PROJECT: FY 23 Street Rehabilitation
RE: G St Rehabilitation- Grind & Pave

ITEM DESCRIPTION
2c Traffic Control (Set up Detours)
2d Traffic Control (Maintain Detours)
2e Traffic Control (Remove Detours)
8 Asphalt Concrete Planing at 2 Inches
12 Furnish and Place Asphalt Concrete
14 Adiust Valve Box to Grade
15 Adjust Manhole Cover to Grade
18 Apply Single 6 Inch Thermoplastic Striping
19 Apply Double 6 Inch Thermoplastic Striping
21 Apply Thermoplastic Markings
DATE:

UPDATE:

REV:

JOB NO.:

UPM CHANGE ORDER#
CCO#
UNIT

QTY UNIT PRICE
1 LS $ 2,500.00
1 LS $ 2,000.00
1 LS $ 2,500.00
44495 SF $ 0.40
560 TN. $ 108.00
13 EA $ 1,000.00
8 EA $ 1,300.00
275 LF $ 1.50
460 LF $ 4.00
60 SF $ 6.00

PROJECT OH&P INCLUDED
PROJECT BOND 1.5%

TOTAL CHANGE ORDER REQUEST
8/2/2023
0 23-33
003
TBD
TOTAL
AMOUNT
$ 2,500.00
$ 2,000.00
$ 2,500.00
$ 17,798.00
$ 60,480.00
$ 13,000.00
$ 10,400.00
$ 412.50
$ 1,840.00
$ 360.00
$ - $ 1,669.36
$ 112,959.86
CONTRACT TIME EXTENSION REQUEST 8
(WORKING DAYS)
CONDITIONS/SCOPE:
- Pricing based on performing similar work for current contract. - Asphalt quantity based on 2" HMA Overlay
- Thermoplastic markings replaced in kind
-Traffic Control based on full road closure
- Final quantities to be measured in the field.
- DOES NOT INCLUDE DIGOUTS. ADDITIONAL COST MAY APPLY; TO BE DETERMINED IN THE FIELD SIGNED: Se,ott y~ SIGNED:
------------------ UPM ---------------- OWNER/CONTRACTOR DATE: 8/2/2023 DATE:

Owner/Contractor • Project Management • Accounting • File 183

THIS PAGE IS INTENTIONALLY LEFT BLANK
184
.......-z...--
"i
9 -•Road' MIICIY ..,.. "!11'"
i;i
185

THIS PAGE IS INTENTIONALLY LEFT BLANK
186
TO:

FROM:

DATE:

LOsBanos
At the Crossroads of Cal~{ ornia
Agenda Staff Report
Mayor & City Council Members
Soknirorn Than, P.E., Public Works Director/City Engineer~}[__ September 6, 2023
TYPE OF REPORT: Consent Agenda
SUBJECT: Congestion Mitigation and Air Quality Grant (CMAQ) Program Supplement Agreement associated with administering Federal Funded Transportation Projects for Right-of-Way for the Intersection of Pioneer Road and Ortigalita Road
Recommendation:

That the City Council adopt the Resolution authorizing the Public Works Director/City Engineer to sign the attached Program Supplement Agreement #10-5160F15. In addition, authorize the Public Works Director/City Engineer to sign future Department of Transportation (Caltrans) documents associated with CMAQ Project# CML-5160(031 ), including the Request for Authorization Applications for Preliminary Engineering and Right-of-way phase with Caltrans for the Pioneer Road and Ortigalita Intersection.

Background:

The Public Works Department applied for a CMAQ Grant in 2021 to provide funding for the Right-of-Way (ROW) acquisition phase for the Pioneer Road and Ortigalita Road Intersection Improvements. The grant was awarded and staff has been working with Caltrans Environmental for NEPA and CEQA environmental clearance.

Discussion:

The grant funding was approved in the amount of $200,000.00 for the project. The CMAQ local funding match is 11.47% which will be funded by the City of Los Banos (through Measure V) in the amount of $25,912.00. CMAQ will reimburse the City up to $200,000.00 for the project.
187
The current request is to authorize signing of Program Supplement Agreement #10- 5160F15 and any subsequent documents related to this project. This project is identified as CMAQ Project# CML-5160(031) by Caltrans.

This particular supplement agreement only covers the ROW stage. The City has been previously authorized to expend up to $1,817,760.00 of the total funding cost of the project for Preliminary Engineering. This is also reimbursed back to the City, except for

63.49% of the cost. This other 63.49% is being reimbursed through the Measure V regional project funding.

The Public Works Department will be administering the grant and providing ROW acquisition services through Mark Thomas Inc and Monument.

To proceed and expend the funding for this grant, Caltrans requires that the City, through Resolution, approve the project Program Supplement Document and authorize a staff member to sign the project documents.

The ROW phase of this project is scheduled for Fall of 2024, which is dependent on Caltrans approval.

Fiscal Impact:

The City match for this project is proposed to be funded in the 2023/2024 Fiscal Year Budget, fund 229-430-220-716. The City will fund the entire amount of $225,912.00, and then staff will send invoices to Caltrans for reimbursement, except for 11.47% (local match through Measure V) of the costs.

Reviewed by:

Josh /ki. ~ er Brent Kuhn, Interim Finance Director
Attachments:

Resolution
Program Supplement Document
Project Authorization/Adjustment Request
188
RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS AUTHORIZING THE

PUBLIC WORKS DIRECTOR/CITY ENGINEER TO

SIGN PROGRAM SUPPLEMENT AGREEMENT
NO. 10-5160F15 AND RELATED DOCUMENTS
FOR THE CMAQ GRANT CML-5160(031) FOR
PRELIMINARY ENGINEERING AND RIGHT-OFWAY PHASE WITH CALTRANS FOR THE

PIONEER ROAD AND ORTIGALITA

INTERSECTION PROJECT
WHEREAS, the City of Los Banos is eligible to receive Federal and/or State funding for certain transportation projects through the California Department of Transportation; and
WHEREAS, Program Supplement Agreements and other project related documents are required to be executed with the California Department of Transportation before such funds could be claimed; and
WHEREAS, Congestion Mitigation and Air Quality (CMAQ) Program Supplement Agreements need to be executed; and
WHEREAS, the City of Los Banos wishes to delegate authorization to execute this agreement and any amendments thereto, that the Public Works Director/City Engineer be authorized to execute the Program Supplement Agreements and other project related documents that includes the Request for Authorization Application and any amendments thereto with the California Department of Transportation.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby authorize the Public Works Director/City Engineer to execute the Program Supplement Agreement No. 10-5160F15 and other project related documents that includes the Request for Authorization Application and any amendments thereto with the California Department of Transportation.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 6th day of September 2023, by Council Member ___ who moved its adoption, which motion was duly seconded by Council Member _ __ and the Resolution adopted by the following vote:
1 189
AYES:

NOES:

ABSENT:

APPROVED:

Paul Llanez, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
2 190
PROGRAM SUPPLEMENT NO. F020
to

ADMINISTERING AGENCY-STATE AGREEMENT
FOR FEDERAL-AID PROJECTS NO 10-5160F15
Adv. Project ID
1023000120
Date: August 07, 2023
Location: 1 0-MER-0-LBNS
Project Number: CML-5160(031)
E.A. Number:

Locode: 5160
This Program Supplement hereby adopts and incorporates the Administering Agency-State Agreement for Federal Aid which was entered into between the Administering Agency and the State on 07/26/2018 and is subject to all the terms and conditions thereof. This Program Supplement is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the Administering Agency on (See copy attached).

The Administering Agency further stipulates that as a condition to the payment by the State of any funds derived from sources noted below obligated to this PROJECT, the Administering Agency accepts and will comply with the special covenants or remarks set forth on the following pages.

PROJECT LOCATION: Pioneer Road/Ortigalita Road in Los Banos TYPE OF WORK: Signalization & Traffic Flow Improvements Estimated Cost Federal Funds
Y003 $200,000.00 LOCAL
$225,912.00

CITY OF LOS BANOS
By
Title
Date
Attest
$25,912.00
LENGTH: 0.0(MILES)
Matching Funds

STATE OF CALIFORNIA
Department of Transportation
By
OTHER
Chief, Office of Project Implementation
Division of Local Assistance
Date
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
$0.00
Accounting Officer Date 8/8/2023 $200,000.00
Program Supplement 10-5160F15-F020- ISTEA Page 1 of 7
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SPECIAL COVENANTS OR REMARKS

1. A The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual.

B. ADMINISTERING AGENCY agrees that it will only proceed with work authorized for specific phase(s) with an "Authorization to Proceed" and will not proceed with future phase(s) of this project prior to receiving an "Authorization to Proceed" from the ST ATE for that phase(s) unless no further State or Federal funds are needed for those future phase(s).

C. STATE and ADMINISTERING AGENCY agree that any additional funds which might be made available by future Federal obligations will be encumbered on this PROJECT by use of a STATE-approved "Authorization to Proceed" and Finance Letter. ADMINISTERING AGENCY agrees that Federal funds available for reimbursement will be limited to the amounts obligated by the Federal Highway Administration.

D. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer within 60 days of project contract award and prior to the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract.

Failure to do so will cause a delay in the State processing invoices for the construction phase.

Attention is directed to Section 15. 7 "Award Package" of the Local Assistance Procedures Manual.

E. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six months commencing after the funds are encumbered for each phase by the execution of this Project Program Supplement Agreement, or by ST ATE's approval of an applicable Finance Letter. STATE reserves the right to suspend future authorizations/obligations for Federal aid projects, or encumbrances for State funded projects, as well as to suspend invoice payments for any on-going or future project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month period.

If no costs have been invoiced for a six-month period, ADMINISTERING AGENCY agrees to submit for each phase a written explanation of the absence of PROJECT activity along with target billing date and target billing amount.
. .

ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current Local Assistance Procedures Manual.

Program Supplement 10-5160F15-F020- ISTEA Page 2 of 7
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SPECIAL COVENANTS OR REMARKS
F. Administering Agency shall not discriminate on the basis of race, religion, age, disability, color, national origin, or sex in the award and performance of any Federal-assisted contract or in the administration of its DBE Program Implementation Agreement. The Administering Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of Federal-assisted contracts. The Administering Agency's DBE Implementation Agreement is incorporated by reference in this Agreement. Implementation of the DBE Implementation Agreement, including but not limited to timely reporting of DBE commitments and utilization, is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the Administering Agency of its failure to carry out its DBE Implementation Agreement, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.).

G. Any State and Federal funds that may have been encumbered for this project are available for disbursement for limited periods of time. For each fund encumbrance the limited period is from the start of the fiscal year that the specific fund was appropriated within the State Budget Act to the applicable fund Reversion Date shown on the State approved project finance letter. Per Government Code Section 16304, all project funds not liquidated within these periods will revert unless an executed Cooperative Work Agreement extending these dates is requested by the ADMINISTERING AGENCY and approved by the California Department of Finance.

ADMINISTERING AGENCY should ensure that invoices are submitted to the District Local Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to avoid the lapse of applicable funds. Pursuant to a directive from the State Controller's Office and the Department of Finance; in order for payment to be made, the last date the District Local Assistance Engineer can forward an invoice for payment to the Department's Local Programs Accounting Office for reimbursable work for funds that are going to revert at the end of a particular fiscal year is May 15th of the particular fiscal year. Notwithstanding the unliquidated sums of project specific State and Federal funding remaining and available to fund project work, any invoice for reimbursement involving applicable funds that is not received by the Department's Local Programs Accounting Office at least 45 days prior to the applicable fixed fund Reversion Date will not be paid. These unexpended funds will be irrevocably reverted by the Department's Division of Accounting on the applicable fund Reversion Date. .

H. As a condition for receiving federal-aid highway funds for the PROJECT, the Administering Agency certifies that NO members of the elected board, council, or other key decision makers are on the Federal Government Exclusion List. Exclusions can be found at www.sam.gov.

Program Supplement 10-5160F15-F020- ISTEA Page 3 of 7
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SPECIAL COVENANTS OR REMARKS

2. A. ADMINISTERING AGENCY shall conform to all State statutes, regulations and procedures (including those set forth in the Local Assistance Procedures Manual and the Local Assistance Program Guidelines, hereafter collectively referred to as "LOCAL ASSISTANCE PROCEDURES") relating to the federal-aid program, all Title 23 Code of Federal Regulation (CFR) and 2 CFR Part 200 federal requirements, and all applicable federal laws, regulations, and policy and procedural or instructional memoranda, unless otherwise specifically waived as designated in the executed project-specific PROGRAM SUPPLEMENT.

B. Invoices shall be formatted in accordance with LOCAL ASSISTANCE PROCEDURES.

C. ADMINISTERING AGENCY must have at least one copy of supporting backup documentation for costs incurred and claimed for reimbursement by ADMINISTERING AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup documentation with invoices if requested by State. Acceptable backup documentation includes, but is not limited to, agency's progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, and/or a computerized summary of PROJECT costs.

D. Indirect Cost Allocation Plan/Indirect Cost Rate Proposals (ICAP/ICAP), Central Service Cost Allocation Plans and related documentation are to be prepared and provided to STATE (Caltrans Audits & Investigations) for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of indirect costs incurred within each fiscal year being claimed for State and federal reimbursement. ICAPs/lCRPs must be prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of the Local Assistance Procedural Manual, and the ICAP/ICAP approval procedures established by STATE.

E. ST ATE will withhold the greater of either two (2) percent of the total of all federal funds encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT.

F. Payments to ADMINISTERING AGENCY for PROJECT-related travel and subsistence (per diem) exper,1ses of ADMINISTERING AGENCY forces an.d its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid rank and file STATE employees under current State Department of Personnel Administration (DPA) rules. If the rates invoiced by ADMINISTERING AGENCY are in excess of DPA rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by ST ATE shall be reimbursed to ST ATE by ADMINISTERING AGENCY on demand within thirty (30) days of such invoice.

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G. ADMINISTERING AGENCY agrees to comply with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards.

H. ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will be obligated to agree, that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31 , et seq., shall be used to determine the allowability of individual PROJECT cost items.

I. Every sub-recipient receiving PROJECT funds under this AGREEMENT shall comply with 2 CFR, Part 200, 23 CFR, 48 CFR Chapter 1, Part 31, Local Assistance Procedures, Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381 (non-A&E services), and other applicable STATE and FEDERAL regulations.

J. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, 23 CFR, 48 CFR, Chapter 1, Part 31, and other applicable STATE and FEDERAL regulations, are subject to repayment by ADMINISTERING AGENCY to STATE.

K. STATE reserves the right to conduct technical and financial audits of PROJECT WORK and records and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by the following paragraph:

ADMINISTERING AGENCY, ADMINISTERING AGENCY'S contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit by STATE, the California State Auditor, or any duly authorized representative of STATE or the United States all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts and ADMINISTERING AGENCY shall furnish copies thereof if requested.

All of the above referenced parties shall make such AGREEMENT, PROGRAM SUPPLEMENT, and contract materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years from the date of submission of the final expenditure report by the STATE to the FHWA.

L. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred PROJECT costs and matching funds by line item for the PROJECT. The financial management system
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SPECIAL COVENANTS OR REMARKS
of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices set to or paid by STATE.

M. ADMINISTERING AGENCY is required to have an audit in accordance with the Single Audit Act of 2 CFR 200 if it expends $750,000 or more in Federal Funds in a single fiscal year of the Catalogue of Federal Domestic Assistance.

N. ADMINISTERING AGENCY agrees to include all PROGRAM SUPPLEMENTS adopting the terms of this AGREEMENT in the schedule of projects to be examined in ADMINISTERING AGENCY's annual audit and in the schedule of projects to be examined under its single audit prepared in accordance with 2 CFR, Part 200.

0. ADMINISTERING AGENCY shall not award a non-A&E contract over $5,000, construction contracts over $10,000, or other contracts over $25,000 [excluding professional service contracts of the type which are required to be procured in accordance with Government Code sections 4525 (d), (e) and (f)] on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. Contracts awarded by ADMINISTERING AGENCY, if intended as local match credit, must meet the requirements set forth in this AGREEMENT regarding local match funds.

P. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shall contain provisions 8, C, F, H, I, K, and L under Section 2 of this agreement.

3. Appendix E of the Title VI Assurances (US DOT Order 1050.2A) During the performance of this agreement, the ADMINISTERING AGENCY, ADMINISTERING AGENCY'S contractors and subcontractor, (hereinafter referred to as the "contractor") agrees to comply with the following nondiscrimination statutes and authorities; including but not limited to:

Pertinent Nondiscrimination Authorities:

A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21.

8. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601 ), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); C. Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), (prohibits discrimination on the basis of sex);
D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as Program Supplement 10-5160F15-F020- ISTEA Page 6 of 7
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amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; E. The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
F. Airport and Airway Improvement Act of 1982, (49 U.S.C. 4 71, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or
activities" to include all of the programs or activities of the Federal-aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not);
H. Titles II and Ill of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; I. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); J. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; K. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
L. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).

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STATE OF CALIFORNIA• DEPARTMENT OF TRANSPORTATION

PROJECT AUTHORIZATION/ADJUSTMENT REQUEST
LAPM 3-A (REV 01/2022)
Local Assistance Procedures Manual