LOs Banos
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www.losbanos.org
AGENDA
CITY COUNCIL MEETING
CITY HALL COUNCIL CHAMBERS
520 J Street
Los Banos, California
OCTOBER 18, 2023 - 6:00 PM
Live stream on YouTube at:
The City of Los Banos complies with the Americans with Disabilities Act (ADA) of 1990. .. .. .. .. .. .. .. .. .. .. .. .. * * .. .. Si requiere asistencia especial para atender o participar en esta junta por favor flame 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 cump/e con la Acta de Americanos con Deshabilidad (ADA) de 1990. · ........................................................................................................................................................................................................................................................................................... · :··········· ............................................................................................................................................................................................................................................................................... 1 Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the meeting and in the City Clerk's office located at City Hall, 520 J Street, Los Banos, California during normal business hours. In addition, such writings and documents may be posted on the City's website at www.losbanos.org.
* * * * * * * ** * * * * * * *
Cualquier escritura o los documentos proporcionaron a una mayoria def Ayuntamiento respecto a cualquier articulo en este orden def dia sera hecho disponible para la inspecci6n publica en la reuni6n y en la oficina de la Secretaria de la ciudad en City Hall, 520 J Street, Los Banos,
California durante horas de oficina normales. Ademas, tales escrituras y /os dacumentos [ ............... ................ ~~~?.~~ ... ~~~ .. ~?.~~.~~ ~~~ .. ~?. .~!. . .'~~ ..~~~~t.~. ~~. !.~ .. ~~.~~~.?. .. ~ ... ~ :!.?.~~~~?.~: ?.'!!.: ................................ .! 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 ofi 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 C!ty's website:
at th~ following li_nk~ https://losbanos.org/category/city-council/ Los Banos City Council Agenda - October 18, 2023 Page 1 of4 1 1. CALL TO ORDER - October 18, 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 - Golden Valley Health Center's Street Medicine Team.
B. Certificate of Recognition - Renee Davenport
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 #241239 - #241448 in the Amount of $1,371,400.56.
Recommendation: Approve the check register as submitted.
B. First Quarter Investment Report for the 2023/2024 Fiscal Year.
Recommendation: Accept the report as submitted.
C. City Council Resolution No. 6696 - Approving the IT Managed Services Fixed Agreement with Mid Valley IT.
Recommendation: Adopt the resolution as submitted.
D. City Council Resolution No. 6697 - Approving the Lease-Purchase Agreement with De Lage Landen Public Finance LLC and Print Services Agreements with CalTronics Business Systems.
Recommendation: Adopt the resolution as submitted.
Los Banos City Council Agenda - October 18, 2023 Page 2 of4 2 E. City Council Resolution No. 6698 - Rejecting Bids for the Construction of the Shaunessy Village Park Project.
Recommendation: Adopt the resolution as submitted.
F. City Council Resolution No. 6699 - Authorizing the City Manager to Execute a Purchase Agreement with Brindlee Mountain Fire Apparatus for a Refurbished Aerial (Ladder) Truck and Adopting a Revised Budget for the 2023-2024 Fiscal Year As it Pertains to Expenditures in the Amount of $29,800.
Recommendation: Adopt the resolution as submitted.
G. City Council Resolution No. 6700 - Authorizing the City Manager to Issue a Purchase Order for the Purchase of a New Mobile Generator through the Cooperative Procurement Contract with Sourcewell and Adopting a Revised Budget for the Fiscal Year 2023-24 as it Pertains to the Waste Water Collection Fund in the Amount of $58,125.31.
Recommendation: Adopt the resolution as submitted.
H. City Council Resolution No. 6701 - Authorizing the City Manager to Execute the Contract with Ronnys Inc. for Turf Improvements at 7th Street Ball Park in the Amount of $168,686 and Project Contingency of $25,302 and Amend Fiscal Year 2023-24 Budget by Increasing the Appropriation Amount in the Measure H Account 101-451-290-717 $100,000.
Recommendation: Adopt the resolution as submitted.
8. PUBLIC HEARING. (If you challenge the proposed action as described herein in court, you may be limited to raising only those issues you or someone else raised at the public hearing described herein or in written correspondence delivered to the City at, or prior to, the public hearing.)
A Public Hearing - To Receive Public Comment and Consideration of Acceptance of the Development Impact Fee Report for Fiscal Years 2019- 2023 in Accordance with Assembly Bill (AB) 1600.
Recommendation: Receive staff report, open public hearing, receive public comment, close the public hearing, and accept the report as submitted.
9. NOTICE AND ANNOUNCEMENT OF VACANCIES AND APPOINTMENT OF
COUNCIL MEMBERS TO SERVE ON THE SELECTION COMMITTEES FOR THE FOLLOWING COMMISSIONS/COMMITTEES:
A Airport Advisory Commission - Three (3) Vacancies
Two (2) Two (2) Year Terms - Expiring December 31, 2025 One (1) Unexpired Term - Expiring December 31, 2024
B. Measure H Citizens' Oversight Committee - Two (2) Vacancies Two (2) Two (2) Year Terms - Expiring December 31, 2025 Los Banos City Council Agenda - October 18, 2023 Page 3of4 3 C. Measure P Committee - Two (2) Vacancies
Three (3) Three (3) Year Terms - Expiring December 31, 2026 D. Parks & Recreation Commission - Two (2) Vacancies
Two (2) Two (2) Year Terms - Expiring December 31, 2025 E. Tree Commission - Three (3) Vacancies
Three (3) Two (2) Year Terms - Expiring December 31, 2025 Recommendation: Appoint Council Member(s) to serve with the Mayor on the Selection Committee(s) for each.
10. ADVISEMENT OF PUBLIC NOTICES. (One Report)
Recommendation: Informational item only, no action to be taken.
11. CITY MANAGER REPORT.
Recommendation: Informational item only, no action to be taken.
12. 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.
13. CITY COUNCIL MEMBER REPORTS.
A. Douglas Begonia, Jr. - District 2
8. Brett Jones - District 3
C. Deborah Lewis - District 4
D. Kenneth Lambert - District 1
E. Paul Llanez - Mayor
14. ADJOURNMENT.
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. ~ I.~
Lucille L. Mallonee City Clerk Dated this 13th day of October 2023 Los Banos City Council Agenda - October 18, 2023 Page 4 of4 4 CERTIFICATE OF RECOGNITION
(Jlresented <To
GOLDEN VALLEY HEALTH CENTER'S
.STREET MEDICINE TEAM
i;.:
In recognition of tfie dedi.cated fieaftficare work,
tfiey provide to tfie unfioused peopfe in our community. <Pau{ £Canez, :Mayor
(J)atea: Octo6er 18, 2023
' ~ T Cityof B LOS anos
Ac the Crossroads of California
5 CERTIFICATE OF RECOGNITION
<Presented 'To
RENEE DAVENPORT
In recognition of tfie dedicated property management worland services _ she provides to the unhoused peopfe in our community
as they are pCaced in permanent housing.
(J>au{ £Canez, 9,1.ayor
(l)atetf: Octo6er 18, 2023
LOsBanos
At the Crossroads of Cal!fornia
6 CK# 241239 - # 241448 10/18/2023 $1 .. 371,.400.56
Check Report LcfsBanos
Check by Date
Check Number Payment Date Vendor Name Payment Type Void Payment Amount 241239 09/29/2023 Beam Insurance Administrators LLC Regular 20,327.81 241240 09/29/2023 Capital One Regular 2,258.03
241242 09/29/2023 Central Valley Cardiovascular Group Inc. Regular 200.00 241243 09/29/2023 Chabin Concepts, Inc. Regular 10,000.00 241244 09/29/2023 Bradley Ellien Regular 764.00
241245 09/29/2023 Brent Kuhn Regular 26,751.90
241246 09/29/2023 Laboratory Corporation of America Holdings Regular 434.70 241247 09/29/2023 Nossaman, LLP Regular 1,580.50
241248 09/29/2023 OCV, LLC Regular 19,475.00
241249 09/29/2023 Gerald "Obie" O'Brien Regular 77.14
241250 09/29/2023 Springbrook Software, Inc. Regular 80,085.32 241251 09/29/2023 US Bank Corp Pyrnt System Regular 45,426.16 241252 09/29/2023 Vanir Construction Management, Inc. Regular 110,063.00 241253 09/29/2023 Law Offices of William A Vaughn Regular 11,367.10 241254 09/29/2023 Randy Williamson Regular 100.00
241255 09/29/2023 AAA Business Supplies Regular 127.89
241256 09/29/2023 American Water Works Assn Regular 2,517.00 241257 09/29/2023 Animal Damage Management, Inc. Regular 4,470.00 241260 09/29/2023 Aramark Uniform Ser Inc Regular 316.62 241261 09/29/2023 AT&T Mobility Regular 4,916.71
241262 09/29/2023 AT&T Long Distance Regular 1.39
241263 09/29/2023 AT&T Regular 738.02
241264 09/29/2023 AT&T Regular 159.79
241265 09/29/2023 Todd Baker Regular 80.00
241266 09/29/2023 Battery Systems, Inc. Regular 357.97
241267 09/29/2023 BJ's Conswners Choice Pest Control Inc. Regular 233.00 241268 09/29/2023 BSK Associates Regular 568.00
241269 09/29/2023 Capital One Regular 722.34
241270 09/29/2023 CENCAL Machine & Fabrication Inc. Regular 980.66 241271 09/29/2023 Anna Chavez Regular 166.33
241272 09/29/2023 Central Sanitary Supply, LLC Regular 1,542.17 241273 09/29/2023 Central Valley Concrete Inc. Regular 1,494.23 241274 09/29/2023 Clark Pest Control Inc Regular 292.00 241275 09/29/2023 Comcast Regular 118.16
241276 09/29/2023 CPS Regular 437.00·
241277 09/29/2023 CSG Consultants Inc. Regular 287.50
241278 09/29/2023 Yadira Castillo Regular 600.00
241279 09/29/2023 Angel Cordova Regular 100.00
241280 09/29/2023 Double D Towing, LLC Regular 270.00
241281 09/29/2023 FS Rod Inc Regular 560.00
241282 09/29/2023 Federal Express Corporation Regular 26.78 241283 09/29/2023 Ferrellgas, Inc. Regular 157.40
241284 09/29/2023 Food 4 Less Regular 224.40
241285 09/29/2023 Jason D. Goins Regular 2,400.00
241286 09/29/2023 Granite Construction Inc Regular 4,639.20 241287 09/29/2023 Halcyon Creek Inc. Regular 4,821.04
241288 09/29/2023 Henley Pacific, LLC Regular 149.76
241289 09/29/2023 Holt of California Regular 427.94
241290 09/29/2023 Horne Depot Regular 3,906.65
7 241293 09/29
/2023 Charles A. Edler Regular 841.00
241294 09
/29/2023 JenyWitt Regular 2,389
.00
241295 09
/29/2023 Los Banos Rotary Club Regular 350.00
241296 09/29
/2023 Marfab Inc Regular 288.41
241297 09
/29/2023 Merced Truck & Trailer Inc Regular 82
.05
241298 09
/29/2023 Meridian Utility Equipment Sales, Inc Regular 412.50 241299 09/29
/2023 Moody's Investors Service Inc. Regular 3,000.00
241300 09
/29/2023 OSE Regular 34
.78
241301 09
/29/2023 O'Reilly Auto Parts Regular
1,194.30
241302 09/29
/2023 Magda Oros Regular 600.00
241303 09/29
/2023 Purchase Power Inc Regular
3,045.00
241304 09
/29/2023 Protech Security & Electronics, Inc. Regular 832 .79
241305 09
/29/2023 RAT Incorporated Regular 265.00
241306 09/29
/2023 Sorensens True Value Regular 610.53
241307 09
/29/2023 Talley Oil Inc. Regular 1,706
.76
241308 09
/29/2023 Tyler Technologies, Inc. Regular 435.00
241309 09/29
/2023 Law Offices of William A Vaughn Regular 12,600.00 241310 09
/29/2023 Westside Water Conditioning Regular 38.50
241311 09
/29/2023 Windecker Inc Regular 11,508.84
241312 09/29/2023 Young's Air Conditioning Regular 643.48 241313 9/29
/2023 Ambrosio Aranda Regular 136.76
241314
9/29/2023 Kevin Arreola Regular 41.43
241315 9/29/2023 Cesar Barbosa Regular 169.52
241316 9/29/2023 BellaMia Real Estate Regular 51.04
241317 9/29
/2023 Century Communities Regular 167.27
241318 9/29
/2023 Century Communities Regular 182.81
241319 9/29/2023 Maria Cerda Regular 108.61
241320 9/29/2023 Crystal Gonzalez Regular 117
.77
241321
9/29/2023 Home Sweet Home Property Management Co. Regular 183.08 241322 9/29/2023 Home Sweet Home Property Management Co. Regular 31.62 241323 9/29
/2023 YaireLopez Regular 152.55
241324 9/29/2023 Meritage Homes Regular 142.96
241325 9/29/2023 Remi Ogunnupe Regular 139.06
241326 9/29/2023 Pedro Armenta Ortiz Regular 51.04
241327 9/29/2023 Alexandro Pulido Valencia Regular 98
.44
241328 9/29
/2023 Maninder Sandhu Regular 27.34
241329 9/29/2023 Eugenia Santillan Cobian Regular 98.44 241330
9/29/2023 Analisa Travaglione Regular 95
.05
241331
9/29/2023 Odilia Ventura Regular 67.01
241337 10/05
/2023 Aflac-Customer Service Regular 270.18
241338 10/05
/2023 AFSCME District Council 57 Regular
1,712.46
241339 10
/05/2023 Empower Annuity Ins. Co of America Regular
1,449.02
241340 10
/05/2023 Empower Annuity Ins. Co of America Regular 1,990.00 241341 10/05
/2023 Los Banos Police Assn Regular
1,085.00
241342 10
/05/2023 Los Banos Police Assn. Regular 280.00
241343 10
/05/2023 Merced County Sheriff Regular 200.00
241344 10/05/2023 MissionSquare Regular 441.65
241345 10
/05/2023 MissionSquare Regular
7,500.00
241346 10/05/2023 Nationwide Retirement Solut
ions Regular 5,352.33
241347 10/05/2023 Professional Fire Fighter of Los Banos Local 4703 Regular 1,125.00 241348 10/05
/2023 State Disbursement Unit Regular 1,050
.00
241349 10
/06/2023 All Seasons North Roofing & Waterproofing, Inc. Regular 16,490.00 241350 10
/06/2023 Agile Occupational Medicine PC Regular 1,464.00 241351 10/06
/2023 Sara Blevins Regular 75.00
241352 10
/06/2023 CSG Consultants Inc. Regular 33,065
.00
241353 10
/06/2023 DBT Transportation Services LLC Regular 5,800.00 241354 10/06
/2023 Ferguson Enterprises Inc OBA Groeniger & Company Regular 7,153.14
241355 10
/06/2023 Grassland Water District Regular 85
,794.00
8 241356 10/06/2023 Holt of California Regular 140,324.80 241357 10/06/2023 Mark Thomas & company. Inc. Regular 38,638.78 241358 10/06/2023 North Central laboratories Regular 6,120.92 241359 10/06/2023 PG&E Company Regular 238,694.44
241360 10/06/2023 Provost and Pritchard Engineering, Inc. Regular 29,703.26 241361 10/06/2023 Ronny's Inc. Regular 56,837.47
241364 10/06/2023 Sun Life Financial Regular 7,086.12
241366 10/06/2023 Superior Pool Products, LLC Regular 5,261.45 241367 10/06/2023 Western Valley Insurance Regular 72,812.05 241368 10/06/2023 Young's Air Conditioning Regular 9,760.15 241369 10/06/2023 Ronny's Inc. Regular 70,573.34
241372 10/06/2023 AAA Business Supplies Regular 13.20
241373 10/06/2023 Agile Occupational Medicine PC Regular 80.00 241374 10/06/2023 American Self Storage Regular 20.00
241375 10/06/2023 Anthony Gomes Regular 1,083.23
241376 10/06/2023 Aramark Uniform Ser Inc Regular 987.34 241377 10/06/2023 ArarnarkUniform & Career Apparel Group, Inc. Regular 170.69 241378 10/06/2023 AT&T Regular 31.43
241379 10/06/2023 AT&T Regular 200.14
241380 10/06/2023 Dorothy June Baker Regular 61.99
241381 10/06/2023 Bound Tree medical LLC Regular 716.57 241382 10/06/2023 BSK Associates Regular 2,279.75
241383 10/06/2023 CDWLLC Regular 1,570.80
241384 10/06/2023 CDTFA California Dept. ofTax & Fee Regular 541.00 241385 10/06/2023 CENCAL Machine & Fabrication Inc. Regular 536.17 241386 10/06/2023 Central Sanitary Supply, LLC Regular 1,640.90 241387 10/06/2023 Comcast Regular 277.55
241388 10/06/2023 Covanta Holding Company Regular 504.53 241389 10/06/2023 Lamar A. Cummings Regular 557.45
241390 10/06/2023 Central California Irrigation District Regular 22.12 241391 10/06/2023 Docs Towing & Transport, Inc. Regular 2,772.00 241392 10/06/2023 Employee Relations, Inc. Regular 50.00 241393 10/06/2023 Espana's Restaurant Regular 3,795.00
241394 10/06/2023 Fehr&Peers Regular 790.00
241395 10/06/2023 Food4 Less Regular 19.96
241396 10/06/2023 Galls Inc Regular 1,005.98
241397 10/06/2023 Grainger Parts Operations Regular 739.98 241398 10/06/2023 Halo Branded Solutions Inc. Regular 760.56 241399 10/06/2023 Henley Pacific, LLC Regular 563.57
241400 10/06/2023 Holt of California Regular 135.05
241401 10/06/2023 Kalmikov Enterprises, Inc Regular 437.42 241402 10/06/2023 Laboratory Corporation of America Holdings Regular 434.70 241403 10/06/2023 Pet Partners Regular 1,704.61
241404 10/06/2023 Lucas Business Systems Regular 1,611.42 241405 10/06/2023 Marfab Inc Regular 507.38
241406 10/06/2023 McCrometer Inc. Regular 351.00
241407 10/06/2023 McGrath Rentcorp Regular 242.74
241408 10/06/2023 Merced Truck & Trailer Inc Regular 153.13 241409 10/06/2023 Madera Unifonn & Accessories Regular 824.68 241410 10/06/2023 Miracle Playsystems, Inc. Regular 7,026.73 241411 10/06/2023 Miguel A Morales Regular 6,000.00
241412 10/06/2023 Municipal Maintenance Equipment, Inc. Regular 1,144.85 241413 10/06/2023 NON International LLC Regular 1,208.89 241414 10/06/2023 O'Dell Engineering Regular 6,045.00
241415 10/06/2023 OSE Regular 211.74
241416 10/06/2023 David Oliveira Regular 565.50
241419 10/06/2023 O'Reilly Auto Parts Regular 214.84
241420 10/06/2023 Owen Equipment Sales Regular 221.40
9 241421 10
/06/2023 PG&E Company Regular 26.01
241422 10/06/2023 Pace Supply Corp. Regular 2,268
.14
241423 10/06
/2023 Pete Grove Regular 25.00
241424 10/06/2023 PSG Fencing Cmp. Regular 2,300.00
241425 10/06/2023 Provost and Pritchard Engineering, Inc. Regular 11,307 .50
241426 10
/06/2023 Protech Security & Electronics, Inc. Regular 174.00 241427 10/06/2023 Quad Knopf, Inc. Regular 4,088.00
241428 10
/06/2023 Razzari Ford Regular 63.17
241429 10/06
/2023 Ronny's Inc. Regular 11,875.14
241431 10/06/2023 Safe T Lite of Modesto, Inc. Regular 2,778.67 241432 10
/06/2023 Domingo Sandoval Regular 1,125.00
241433 10/06/2023 Save Mart Supermarkets Regular 446.49 241434 10
/06/2023 Sherwin Williams Co Regular 914.19
241435 10/06/2023 SIJ Holdings, Inc Regular 1,451.28
241436 10/06/2023 Southern Tire Mart, LLC Regular 1,106 .02
241437 10
/06/2023 Special Services Group, LLC Regular 1,186.86
241438 10/06/2023 Sorensens True Value Regular 1,185.28 241440 10
/06/2023 Sorensens True Value Regular 255.40
241441 10/06/2023 Technicon Engineering Services, Inc. Regular 749.50 241442 10/06/2023 Triangle Rock Products Regular 431.74 241443 10
/06/2023 Turlock Spay Neuter Clinic LLC Regular 1,750.00 241444 10/06/2023 Law Offices of William A Vaughn Regular 12,600.00 241445 10/06
/2023 Verizon Wireless Regular 956.40
241446 10/06/2023 West Publishing Corporation Regular 444.62 241447 10/06/2023 Windecker Inc Regular 875
.88
241448 10
/6/2023 Young's Air Conditioning Regular 1,413.37
Break in check sequence due to the following: Payment Type Payment Check #241241 (Manual Void) Regular Checks 191 1,371,400.56 Check #241258 - #241259 (Manual Void) Manual Checks 0
0.00 Check #241291 - #241292 (Manual Void) Voided Checks 0 0.00 Check #241332 - #241336 (Payroll) 191 1,371,400.56
Check #241362 - #241363 (Manual Void)
Check #241365 (Manual Void)
Check #2413 70 - #2413 71 (Manual Void)
Check #241417 - #241418 (Manual Void)
Check #241430 (Manual Void)
Check #241439 (Manual Void)
10 Agenda Staff Report
TO: Mayor City Council Members
FROM:
DATE:
Kim Tomas, Finance Manager @
October 18, 2023
TYPE OF REPORT: Consent Agenda
SUBJECT: First Quarter Investment Report for 2023/2024
Recommendation:
To accept the quarterly investment report as submitted.
Background:
The City of Los Banos follows its investment policy to assure that it invests all surplus inactive monies in a manner which ensures a maximum return consistent with safety on such investments while maintaining the integrity of such surplus and inactive funds. A quarterly investment report provides proof that City funds are invested in such a manner. It includes all investments except funds held by the City's trustees. Funds held by trustees include bond reserve funds, deferred compensation plans, and other post retirement benefit funds.
Fiscal Impact:
lnfonnational only, no fiscal impact.
Josh Brent Kuhn, Interim Finance Director
Attachments:
City of Los Banos First Quarter 2023/2024 Investment Report 11 THIS PAGE IS INTENTIONALLY LEFT BLANK
12 rityof B.
, os : ano
At the Crossroads of Californiu
In accordance with Government Code Section 53646 and the City of Los Banos Investment Policy, the following shall constitute the quarterly report of Investments on behalf of the City of Los Banos:
Investment Balances
As of Seetember 30, 2023
Amount Annual
Type of Investment Issuer Maturity Invested Percentage
Yield
LAIF (Local Agency State of Daily $51,781,603 3.53%
Investment Fund) California effective yield
Money Market Funds Wells Fargo Daily $106,679,469 5.22% Securities simple yield
Investment Balance: $158,461,072
1. As of the date of this report, the majority of the City of Los Banos funds are invested in the Wells Fargo Securities money market funds, Therefore, as provided by Governmental Code Section 53646 (e) attached are the most recent statement(s) received by the City of Los Banos.
2. As of the date of this report, the remainder of the City of Los Banos' funds are invested in the State of California Local Agency Investment Fund (LAIF), in accordance with section 16429.1 of the Governmental Code.
3. The portfolio of the City of Los Banos is in compliance with the City of Los Banos' Investment Policy.
4. The investment balances are reconciled monthly to the General Ledger by the Finance Department.
5. It is expected that the City will be able to meet its projected expenditure requirements for the next six months.
13 THIS PAGE IS INTENTIONALLY LEFT BLANK
14 10/12/23, 8:08AM
California State Treasurer
Fiona Ma, CPA
Local Agency Investment Fund
P.O. Box 942809
Sacramento, CA 94209-0001
(916) 653-3001
·- ·- -...... ------
CITY OF LOS BANOS
CITY TREASURER
520JSTREET
LOS BANOS, CA 93635
Account Number:
September 2023 Statement
Account Sqmman
Total Deposit:
Total Withdrawal:
httos://lalfms.treasurer.ca.oov/ReoularStatement.asox
I.AIF Regular Monthly Statement
October 12, 2023
LAIFHome
PMIA Average MonthlY. Yields
Tran TY.P.e Defmitio~
0.00 Beginning Balance:
0.00 Ending Balance:
51,781,602.87
51,781,602.87
15 THIS PAGE IS INTENTIONALLY LEFT BLANK
16 PMIA/LAIF Performance Report
as of 10/11/23
Quarterly Performance
Quarter Ended 06/30/23
PMIA Average Monthly
Effective Yieldsl1>
LAIF Apportionment Rate121:
LAIF Earnings Ratio121:
LAIF Administrative Cost1110:
LAIF Fair Value Factor111:
PMIA Dally111:
PMIA Quarter to Date111:
PMIA Average Llfe111:
3.15 0.00008636172883763
0.06 0.984828499
3.26 3.01
260
September
August
July
June
May
April
Pooled Money Investment Account
Monthly Portfolio Composition <
11 08/31/23
$168.1 billion
Corporate
ColNnerclal Bands
0.26%
I
Certificates of
3.534
3.434
3.305**
3.167
2.993
2.870
Agencies_ /
24.30%
Treasuries
59.919'
Chart does not Include $2,496.000.00 In mort.ll llt!S, which equates to o~. Percentaaes may not tot.al 1Dm' due to roundlne.
Daly rates are now available here. View PMIA Dally Rates Notes: The apportionment rate Includes lntl!rest earned on the Ca/PERS Supplemental Pension Payment pursuant to Government Code 20825 (c)(l) and Interest earned on the Wildfire Fund Joan pursuant to Mlic Utility Cade 3288 (a). •The percentage of administrative wst equ11'1 the total administrative c:mt divided by the quarterly inte/'l!St earnings. The law prollldes that udmlnlstratfve costs are not to uceed 5'6 o/ quarterly EARNINGS of the fund. However. If tfle 23-weelr Dally Treasury BIii Rate on the last day of the jlscol year Is below 1,-;, then administrative costs sholl not exceed 89' of quarterly EARNINGS af the fund for the subsequentjlscal year. 0 Revlsed
Source:
1 11 State of California, Office of the Treasurer
121 State of Calfiornia, Office of the Controller
17 THIS PAGE IS INTENTIONALLY LEFT BLANK
18 ■ Wells Fargo Bank, N.A.
45 FREMONT ST
FLOOR34
SAN FRANCISCO, CA 94105-2204
WILLIAMS/LEWIS
1-415-644-9152
Combined Summary
Brokerage Account and Bank Account
Statement Period
09/01/2023 - 09/30/2023
CITY OF LOS BANOS Account Number
Total Account Value Summary - us Dollar(USD) This summary does not reflect the -----------===-------------------------~ value 01 unpriced securities.
Cash $
Money Market Mutual Funds
Bonds
Stocks
Total Account Value 5
Amount Last
Statement Period
0.00 106,214,866.50
0.00 0.00
10&,-2-14,866.50
Value Change Since Last Statement Period
Percent Increase Since Last Statement Period
Amount This % Repurchase agreements are reflectec
Statement Period Portfolio at par value.
$ 0.00 0%
106,679,469.16 100%
0.00 0%
0.00 0%
r- 1-0-6-,6- 7_9_,_4_6_9 ___ 16- 100°/4
$ 464,602.66
0%
Value Last Year-End $. 83,613,281.62
Percent Increase Since Last Year-End 28"/o
•••rncludas amortized Par value of municipal leases and notes.
Total Income Summary uso
Interest
Dividends/Capital Gains
Money Market Mutual Funds Dividends
Other
Income Total
Total Interest Charged uso
Description
Debit Interest For September2023
$
$
This Period
0.00 0.00
464,602.66
0.00 464,602.66
Year-To-Date
$ 0.00
0.00 3,066,187.54
0.00 $ 3,066,187.54
This Period
Total Interest Charged $
--0:00
0.00 Total Money Market Mutual Funds Summary uso
Description
Opening Balance
Deposits and Other Additions
Distributions and Other Subtractions
Dividends Reinvested
Change in Value
Closing Balance
$
Amount
106,214,866.50
0.00 0.00
464,602.66
0.00 106,679,469.16
19 THIS PAGE IS INTENTIONALLY LEFT BLANK
20 ■ Wells Fargo Securities, LLC
45 FREMONT ST
FLOOR34
SAN FRANCISCO, CA 94105-2204
WILLIAMS/LEWIS
1-415-644-9152
Brokerage Account Statement
Wells Fargo Securities, LLC
CITY OF LOS BANOS
Statement Period
09/01/2023 - 09/30/2023
Account Number
Account Value Summary uso This summary does not reflect the ------.------.-------------=--==------------'""'value of unpriced securities.
Amount Last Amount This % Repurchase agreements are reflectec Statement Period Statement Period Portfolio at par value.
Cash $ 0.00 $ o.oo 0%
Money Market Mutual Funds 0.00 0.00 0%
Bonds 0.00 0.00 0%
Stocks ~---- o.oo o.oo 0%
Total Account Value $ 0.00 S 0.00 0%
Value Change Since Last Statement Period
Percent Increase Since Last Statement Period
Value Last Vear-End
Percent Increase Since Last Vear-End
Income Summary uso
Interest
Dividends/Capital Gains
Money Market Mutual Funds Dividends
Other
Income Total
Interest Charged uso
Description
Debit Interest For Septemoer 2023
Total Interest Charged
$
$
$
$
This Period
0.00 $
0.00 0.00
0.00 0.00 $
$
Money Market Mutual Funds Summary uso
0.00 NIA
o.oo
N/A
Year-To-Date
--0.00
0.00 0.00
0.00 0.00
This Period
0.00 0.00
------------------------------~o~t1
Description
Opening Balance
Deposits and Other Additions
Distributions and Other Subtractions
Dividends Reinvested
Change in Value
Closing Balance
$
s
0.00 0.00
0.00 0.00
0.00 0.00
21 Important Information
This statement is provided to customers of Wells Fargo Securities, LLC ("WFS"), or customers of affiliated broker-dealers whose accounts are introduced to and carried by WFS. Statements are provided monthly for accounts with transactions and/or security positions. The account statement contains a list of securities held in custody by WFS as of the statement date and provides details of purchase and sale transactions, the receipt and disbursement of cash and securities, and other acfivities relating to the account during the statement period.
For WFS customers who choose to maintain a safekeeping uccount at Wells Fargo Bank, N.A. ("Bank"). this statement is accompanied by a separate Bank safekeeping statement. The Bank safekeeping statement, if applicable, contains a list of securities held in safekeeping by the Bank as of the statement date.
Pricing: Security and other asset prices shown on the statement are obtained from independent vendors or internal pricing models. WhUe we believe the prices are reliable, we cannot guarantee their accuracy. The prices indicated herein are as of the stated valuation date, which may not be the date of this statement, and are subject to change without notice. For exchange-listed securities, the price provided is the closing price at month end. For unlisted securities, it is the "bid" price at month end. The prices of CDs that mature in one year or less are shown at last price traded. The prices of CDs that mature in greater than one year and of other instruments that trade infrequently are estimated using simaar securities for which prices are available. Prices on the statement may not necessarily be obtained when the asset is sold.
Brokered CO Pricing; Like bonds, brokered CDs are subject to price fluctuation and the value of a CD. if sold prior to maturity, may be less than atlhe lime ofils purchase. Significant loss of principal could result. While WFS generally makes a market in CDs it underwrites, the secondary marl<el for CDs that it doos not underwrite may be very limited. In those cases, WFS will use its best efforts to help investors find a buyer.
SIPC: WFS is a member of the Securities Investor Protection Corporation ("SIPC"). In the event of insolvency or liquidation of WFS, securities held in safekeeping at WFS are covered by SIPC against the loss, but not investment risk, up to a maximum of $500,000 per customer, which includes a $250,000 limit on claims for cash held in the account. SIPC protection does not provide 11ny protection whatsoever against Investment risk. including the loss of principal on an investment. This coverage does not apply to securities held in safekeeping by the Bank. Additional information about SIPC, including a SIPC brochure, may be obtained by visiting www.sipc.org or by calling SIPC at 1-202-371-8300.
FINRA BrokerCheck Program: WFS is a member of the Financial Industry Regulatory Authority (FINRA}. Under its BrokerCheck program, FINRA provides certain information regarding the disciplinary history of broker/dealers and their associated persons.
Information can be obtained from the FINRA BrokerCheck program hotline number (1-800-289-9999) or the FINRA website
(~.finra.019). A brochure describing the FINRA BmkerCheck program will be furnished upon written request.
Free Credit Balances: Any customer free credit balances may be used in the business m WFS subject to limitations imposed by Rule 15c3-3 under the Securities Exchange Act of 1934. On demand, a customer has the right to receive delivery of the following: any free credit balances to which he or she is entitled, any fully paid securities to which he or she is entitled, and any securities purchased on margin upon full payment of indebtedness to WFS.
Equity Order Routing: WFS customers may request additional order routing information with respect to SEC Rule 606 by contacting their WFS sales representative. There are two reports available to WFS customers under amended Rule 606: (I} the 606(b)(1) held ondemand customer report and (ii) the 606(b)(3) not held on-demand customer roport in lhe six months prior to the request. These reports can be found at https://www.wellsfargo.com/comlsecur!lies/regulatory Equity Extended Hours Trading: See important information relating to equities trading before and after regular trading hours at:
www.wellsfa'!lo,com/com/securities/re!l!!!.ato'YEquity Open Orders: Open orders will remain in effect until executed or canceled by you. Failure to cancel an open order may result in the transaction being executed for your account. WFS has no responsibility to cancel an open order at its own initialive.
Dividend Reinvestment: In any dividend reinvestment transaction, WFS acted as agent. Additional information regarding transactions of this nature will be furnished to a customer upon written request.
Account Transfers: A fee will be charged lo customers transferring their existing WFS account to another broker/dealer Of any other financial institution.
Non-deposit Investment products recommended, offered or sold by WFS, Including mutual funds, are not federally Insured or guaranteed by or obligations of the Federal Deposit Insurance Corporation ("FOIC1, the Federal Reserve System or any other agency; are not bank deposits; are not obligations of, or endorsed or guaranteed In any way by any bank or WFS; and are subject to risk, Including the possible loss of principal, that may cause the value of the Investment and Investment return to fluctuate.
When the Investment Is sold, the value may be higher or lower than the amount originally invested. WFS Is a subsidiary of Wells Fargo & Company, is not a bank or thrift, and is separate from any other affiliated bank or thrift. WFS is a registered broker-dealer and member of FINRA. No afflllate of WFS is responsible for the securities sold by WFS.
Trade Confirmations: Investment purchases and sales are subject to the terms and conditions stated on the trade confirmation relating to that transaction. In the event of a conflict between the trade confirmation and this statement, the trade confirmation will govern. listed Options: Commissions. and other charges related to the execution of listed option transactions have been included in confirmations of such transactions that have been previousfy furnished and are available upon request. Promptly advise your WFS sales representative of any material change in your investment obieclives or financial situation.
Financial Statements: WFS financial statements are available upon request.
Customer Complaints and Reporting Discrepancies:
Customer complaints, statement reporting inaccuracies or discrepancies should be promptly reported in writing to:
Customer Service
90 South 7th Street
5th Floor, MAC N9305-05F
Minneapolis, MN 55402
wfscustornerservice ~ ell.sfa• o.c;Q.l'!l
ln the event your account is introduced to WFS by an affiliated bro~er-dealer as Indicated on page 1 of your statement, you should also send a copy of your written correspondence to !hat Introducing broker-dealer at the address appearing on that page.
Customers may also report complaints. inaccuracies or
discrepancies by calling 1-800-645-3751 option 5. To further protect their rights, including rights under the Securities Investor Protection Act, customers should also re-confirm in writing to the above address any oral communications with WFS relating to the inaccuracies or discrepancies.
Mutual Funds: Institutional Prime and lnstltutlonal Tax Exempt money market mutual funds are required to price and transact at a net asset value ("NAY") per share that fluctuates based upon the pricing of the underlying portfolio of securities and this requirement may impact the value of those fund shares. Additionally, Institutional Prime and Institutional Tax-Exempt funds may be subject to redemption fees and/or gates that can affect the ava~abQity of funds invested.
Mutual funds are sold by prospectus, which includes more complete information on risks, charges, expenses and olher matters of interest.
Investors should read the prospectus carefully before investing.
Muni Substitute Interest: With respect lo lransacUons involVing your purchase of a municipal security having interest that is exempt from federal and/or state income trui:es, if you do not receive good delivery of such securities on settlement date (i.e., all requirements for transferring tltle from the seller to the buyer have occurred), the interest that you accrue from the settlement date of the transaction until you receive good delivery may be considered by the Internal Revenue Service ("IRS") to be taxable ("substitute") interest. If you sell such securities before receiving good delivery, the IRS may consider all of the interest that you accrue to be taxable. You should consult with your tax advisors regarding the tax implication of any such fail to receive scenario.
22 ■ Wells Fargo Bank, N.A.
45 FREMONT ST
FLOOR34
SAN FRANCISCO, CA 94105-2204
WILLIAMS/LEWIS
1-415-644-9152
Bank Account Statement
Wells Fargo Bank, N.A.
CITY OF LOS BANOS
Statement Period
09/01/2023 - 09/30/2023
Account Number
Account Value Summary uso This summary does not reflect the ~=------=--s::1..------------===--=-=-==------- ------• value of unpriced securities.
Cash $
Money Market Mutual Funds
Bonds
Stocks
Total Account Value
Amount last
Statement Period
0.00 106,214,866.50
0.00 0.00
Value Change Since Last Statement Period
Percent Increase Since Last Statement Period
Value Last Year-End
Percent Increase Since Last Year-End
Income Summary uso
Amount This % Repurchase agreements are reflectec
Statement Period Porttolio at par value.
$ 0.00 0%
106,679,469.16 100%
0.00 0%
0.00 0% ~-1-0_6_,_6_7_9-,4-6_9 __ 1_6 100%
$
$
464,602.66
0%
83,613,281.62
28%
This Period Year-To-Date
Interest
Dividends/Capital Gains
$ 0.00 $ 0.00
Money Market Mutual Funds Dividends
Other
Income Total
Interest Charged uso
Description
Oe6it Interest t=or September 2023
Total Interest Charged
0.00 0.00
464,602.66 3,066,187.54
0.00 0.00
$ - 4-::-:6:--:4,...., ,s=o=2--=.s=e $ 3,oss, 187.54
This Period
0:-00
$ 0.00
Money Market Mutual Funds Summary uso
Description
Opening Balance
Deposits and Other Additions
Distributions and Other Subtractions
Dividends Reinvested
Change in Value
Closing Balance
Amount
$ 106,214,866.50
0.00 0.00
464,602.66
0.00 S 106,619,469.16
23 Important Information
This statement is provided to customers of Wells Fargo
Bank, N.A. (the "Bank"). Statements are provided
monthly for accounts with transactions and/or security
positions.
Pricing: Security and other asset prices shown on the
statement are obtained from independent vendors or
internal pricing models. While we believe the prices are reliable, we cannot guarantee their accuracy. The prices indicated herein are as of the stated valuation date,
which may not be the date of this statement, and are
subject to change without notice. For exchange-listed
securities, the price provided is the closing price of the relevant security at month end. For unlisted securities, it is the "bid" price of the relevant security at month end.
The prices of instruments that trade infrequently are
estimated using similar securities for which prices are available. Prices on the statement may not necessarily
be obtained when the asset is sold.
Cash Balances: Cash held at the Bank is not covered by
SIPC, but is instead eligible for FDIC insurance of up to $250,000 per depositor, per institution, in accordance
with FDIC rules.
Mutual Funds: You have the right, in the course of
normal business operations, to withdraw, balances in the Bank Deposit Sweep or redeem shares of the money
market mutual fund used in the sweep, subject to any
open commitments in any of your accounts and have
the proceeds returned to your accounts or remitted to
you. Note, however, that as required by federal banking regulations, the banks in the Bank Deposit Sweep
reserve the right to require seven days prior notice
before permitting a transfer out of the Bank Deposit
Sweep. In addition, the money market mutual funds in
the sweep reserve the right to require one or more
day's prior notice before permitting withdrawals.
The Bank makes certain money market mutual funds
.... ., ... u.,1,,,1..,. t-hi-n,,nh t-ho Q.._...,1, n,, ... ,...,.i+ Cu,oa""' .,""',1 '-,..,.,. entered into agreements with the mutual fund
companies with respect to the available funds. Mutual
funds are sold by prospectus only. Please read the
prospectus for further information including sales
charges, deferred sales charges, withdrawal charges and management or other fees.
Muni Substitute Interest: With respect to transactions
involving your purchase of a municipal security having
interest that is exempt from federal and/or state
income taxes, if you do not receive good delivery of
such securities on settlement date (i.e., all requirements for transferring title from the seller to the buyer have occurred}, the interest that you accrue from the
settlement date of the transaction until you receive
good delivery may be considered by the Internal
Revenue Service ("IRS") to be taxable ("substitute")
interest. If you sell such securities before receiving good delivery, the IRS may consider all of the interest that you accrue to be taxable. You should consult with your tax
advisors regarding the tax implication of any such fail to receive scenario.
Non-deposit investment products offered or sold by
the Bank, including investments in mutual funds
available through the Bank, are not federally insured or guaranteed by or obligations of the U.S. government,
the Federal Deposit Insurance Corporation ("FDIC"),
the Federal Reserve System or any other government
agency; are not bank deposits; are not obligations of,
or endorsed or guaranteed In any way by any bank or
the Bank; and are subject to risk, including the possible loss of principal, that may cause the value of the
Investment and the Investment return to fluctuate.
When the investment is sold, the amount may be
higher or lower than the amount originally invested.
-.:,- - - · -
Customer Complaints and Reporting Discrepancies: All
inquiries, statement reporting inaccuracies or
discrepancies, or complaints regarding your account or
the activity therein should be directed to:
Customer Service
90 South 7'-h Street
5th Floor, MAC N9303-054
Minneapolis, MN 55402
1-800-645-3751, option S,
[email protected].
To further protect their rights, customers should also reconfirm in writing to the above address any oral communications with the Bank relating to inaccuracies
or discrepancies.
The Bank's financial statements are available upon
request.
24 CITY OF LOS BANOS
Account Number: 1 AB28736
Money Market Fund Activity
Goldman FS Gov Inst 465
•As of September 30, 2023
USD
Transaction
Date
09/01/23
Activ
Beginning Balance
Reinvest
Ending Balance
Dividend paid
this period
464,602.66
Shares Price
1.0000
464,602.66000
1.0000
7day•
simple yield
5.230%
Market Value 1$1
106,214,866.50
106,679,469.16
Statement Ending: September 30, 2023
30 day•
simple yield
5.220%
Dividend Amount Share Balance
106,214,866.50000
464,602.66 106,679 ,469.16000
106,679,469.16000
25 THIS PAGE IS INTENTIONALLY LEFT BLANK
26 TO:
FROM:
DATE:
LOsBanos
At ... ~L ~rossroads UJ L..'aliforma
Agenda Staff Report
Mayor Llanez and Members of City Council
Brent Kuhn, Interim Finance Director
October 18, 2023
SUBJECT: Contract Renewal with Mid Valley IT for IT Managed Services TYPE OF REPORT: Consent Agenda
Recommendation:
That the City Council approve the resolution authorizing the City Manager to execute the Fixed Agreement with Mid Valley IT (attached to this staff report) for IT Managed Services provided to the City of Los Banos.
Background:
In 2019, the Finance Director entered into a support service agreement with Mid Valley IT to provide managed IT Services for the City of Los Banos.
Discussion:
The City has been satisfied with the IT service that Mid Valley IT has been providing. City staff is familiar with the company's personnel and Mid Valley has integrated as the City's IT division. Since they have offices in Merced and Stockton, they are able to respond to any support need (including immediate remote support). As with any division of the City, there needs to be a representative to head that division. The lead engineer has been the same individual since the beginning of our relationship with Mid Valley IT. The Fixed Agreement with Mid Valley IT will serve as a 1-year agreement with the City and shall commence on November 1, 2023.
27 Fiscal Impact:
The fixed monthly payment for service provided in the agreement is $14,472 and shall provide support for 153 computers and 27 servers. Additional services include off-site backup at $2,400 per month and EDR anti-virus for all devices at $720 per month. The City has incorporated these cost in the 2023-24 Fiscal Year Budget for IT Services as well as several IT projects in addition to general IT support. City staff is not requesting any budget amendments with this agreement.
Reviewed by:
Attachments:
Resolution
IT Managed Services Fixed Agreement
28 RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS APPROVING THE IT
MANAGED SERVICES FIXED AGREEMENT
WITH MID VALLEY IT
WHEREAS, the City of Los Banos desires to renew its IT Managed Services Fixed Agreement with Mid Valley IT; and
WHEREAS, The City has budgeted in the 2023-2024 Fiscal Year Budget for the IT Services specified in the contract.
NOW, THEREFORE, BE IT RESOLVED that the City Com1cil of the City of Los Banos does hereby approve and authorize the City Manager to execute the IT Managed Service Fixed Agreement with Mid Valley IT.
The foregoing Resolution was introduced at a regular meeting of the City Com1cil of the City of Los Banos held on the _______ day of ____ .20_, by Council Member - -----who moved its adoption, which motion was duly seconded by Council Member ------ and the Resolution adopted by the following vote:
29 AYES:
NOES:
ABSENT:
APPROVED:
________ , Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
4 30
Prepared For:
Prepared by:
Joy Alexander • Mid Valley IT
(800) 931-2043 • jalexander@midva//eyit.com
City of Los Banos
Brent Kuhn •
Finance Director
[email protected]
520 J Street, Los Banos, CA 93635
Phone: 209 .827 .2422
IT Managed Services
Fixed Agreement
31 THIS PAGE IS INTENTIONALLY LEFT BLANK
32 Thank you for the opportunity to bid on your
Managed IT Support Services. This contract
includes these unique benefits:
Inventory Flexibility: Increasing the number of
supported equipment will not increase your
monthly rate until your annual inventory audit
( every 12 months).
Local Service: With offices in Merced and
Stockton we are able to quickly respond to all of
your support needs.
Joy Alexander
Account Manager
Prepared by:
Joy Alexander • Mid Valley IT
(800) 931-2043 • jalexander@midva//eyit.com
KEY CONTACTS
Tom Leach
Owner
Joy Alexander
Director of Inside Sales
Doely Montes
Executive Assistant
Executive Support:
Corri Silveira
Project Manager
Matt Ftacek
NOC Manager
Nick Weems
Senior Engineer
IT Managed Services
Fixed Agreement
33 MID VALLEY IT
WE HAVE TH E TOOLS HELP YOU R
ORGANIZATION SUCCEED
REMOTE SUPPORT
During business hours this agreement
includes unlimited remote support from
our internal Network Operations Center
(NOC).
Comprised of high-level engineers, the
NOC are experts in resolving most issues
quickly.
(f)
I--
Cf)
0 u
STRATEGIC TECHNOLOGY PLANS
This agreement includes the creation' of
Inventory, Capital Replacement Plans,
Yearly Budgets & Network Documentation.
Every document prepared under this
contract is property of the Client.
Prepared by:
Joy Alexander • Mid Valley IT
(800} 931-2043 • jalexander@midva//eyit.com
ON-SITE SUPPORT
During business hours this agreement
includes unlimited On-Site support from
assigned City engineer
Client has an onsite Primary Engineer as
well as access to our entire engineering
team. Client also has a project manager.
Regular stop-by schedule to be determined.
ANTI-VIRUS/MONITORING TOOLS
This agreement includes enterprise level
Anti-Virus hosting and network monitoring
tools on all computers and servers.
Client will never have to purchase these
tools as long as you are with Mid Valley IT.
IT Managed Services
Fixed Agreement
34 THE CHALLENGE
Your business data is the
lifeblood of your company
and the amount you are
collecting and storing is
growing all the time.
Imagine the impact if you
lost a day's data, a week's
data, a year's data, due to
inadequate or infrequent
back-up processes. What
would happen, could you
recover?
Prepared by:
Joy Alexander • Mid Valley IT
THE SOLUTION
Fully Managed System means that
we monitor the software to ensure it
is always working, and will act
immediately if there is an issue.
Delta level technology means never
havir:g to do another full backup,
drastically reducing the backup
time, storage space, network traffic,
and workload of your servers.
Recover Your Data to Dissimilar
Hardware means you can perform a
bare metal restore of your data to
dissimilar hardware. You don't have
to worry about purchasing that new
server anvmore.
(800) 931-2043 • jalexander@midva//eyit.com
Supreme Flexibility means you can
recover your data from nearly any
point in time, whether it is just one file
or a full restore.
IT Managed Services
Fixed Agreement
35 SELECT ZEUS SUPPORT SELECT HERCULES SUPPORT
CLIENT INITIALS ___ _ CLIENT INITIALS ___ _
Zeus Support:
Hercules Support:
Hercules Support:
Hercules Support:
EMERGENCY RESPONSE TIME UPGRADES
Upgrade to 1 hour for
Upgrade to 3 hours for
Upgrade to 2 hours for
Upgrade to 1 hour for
+$ ___ _
+$ ___ _
+$ ----
+$ ----
ADDITIONAL SUPPORT
CLIENT INITIALS ___ _
Client Initials -----.
Client Initials ·-----
Client Initials ----
Client Initials ____ _
I CHOOSE TO DECLINE OFF-SITE BACKUP: CLIENT INITIALS ___ _ Prepared by:
Joy Alexander • Mid Valley IT
(800) 931-2043 • jalexander@midva//eyit.com
IT Managed Services
Fixed Agreement
36 MID VALLEY IT
MONTHLY FIXED SUPPORT AGREEMENT
COSTS AND FEES
This document is to serve as a 1-year agreement between Mid Valley IT and the City of Los Banos (Client). The above client agrees to pre-pay a fixed monthly dollar amount of $14,472.00 to be used for services provided by Mid Valley IT. Support Agreement shall commence on: November 1, 2023.
Current Computer Inventory: 153 Current Server Inventory: 27 NOTES: This Hercules Support Agreement includes: EDR Anti-virus Software for all devices at $720 per month, as an additional security measure and 16TB of off-site back at $2400 per month. A $521 COLA has been applied per month. forensics $300.00 Per Hour $275.00 Per Hour
Senior Level Engineer $250.00 Per Hour $235.00 Per Hour Monday - Friday, 8:00am - 5:00pm
After- Hours / Saturdays Projects Only Time and 1 /2
Sunday / Holiday Support Projects Only Double time
WE ARE READY! ______________ _
II
-
Our team is fully charged and ready to go! We are excited for the opportunity to prove ourselves once again to a new organization. Our engineers are aware of the possibility and are eager to get started.
Prepared by: IT Managed Services
Joy Alexander • Mid Valley Fixed Agreement IT
(800) 931-2043 • jalexander@midva//eyit.com
37 MID VALLEY IT
MONTHLY FIXED SUPPORT AGREEMENT
CONTINUED
A. Mid Valley IT gives said support agreement client a guaranteed response time of 4 hours for all emergency service calls. An emergency is identified as either 50%+ Network Down or Critical Application Failure. Any other service request may be upgraded to an emergency classification at a cost of $300.00.
B. Travel is included as part of this agreement.
C. Either party may cancel this agreement at any time. Canceling party must give 30 days' written notice as to the reason for cancellation. All unpaid service dollars shall become due and payable upon cancellation.
D. Every document prepared under this contract is the exclusive property of the Client. No information prepared under this contract may be made available to any individual or organization without the Client's prior approval.
E. The Client shall defend, indemnify, and hold the Contractor, its officers, employees and agents, harmless from and against any and all liability, loss, expense, attorneys' fees or claims for injury or damages, arising out of the performance of this Agreement, but only in proportion to and to the extent such liability, loss, expense, attorneys' fees, or claims for injury are caused by or result from the negligent or intentional acts or omissions of the Client, its officers, agents or employees.
F. The Contractor shall defend, indemnify, and hold the Client, its officers, employees and agents, harmless from and against any and all liability, loss, expense, attorneys' fees or claims for injury or damages, arising out of the performance of this Agreement, but only in proportion to and to the extent such liability, loss, expense, attorneys' fees, or claims for injury are caused by or result from the negligent or intentional acts or omissions of the Contractor, its officers, agents or employees. "
Prepared by:
Joy Alexander • Mid Valley IT
(800) 931-2043 • jalexander@midva/leyit.com
IT Managed Services
Fixed Agreement
38 MID VALLEY IT
MONTHLY FIXED SUPPORT AGREEMENT
CONTINUED
G. Under no circumstance is Contractor responsible for damages resulting from data loss, work interruptions, or system failures / crashes related to the Client's system, servers, computers, mobile device, or other electronic systems.
Contractor is not responsible for failure of the backup system due to physical failure, or omission of data from the backup job. It is the Clients sole responsibility to notify the Contractor if a litigation hold is in place on any of the Client's systems and to verify the proper operation and configuration of the backup systems.
H. Neither party shall be held liable for any delay or failure in performance of all or a portion or the Services of any part of this Agreement from any cause beyond its reasonable control and without its fault or negligence, including, but not limited to, acts of God, acts of civil or military authority, government regulations, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, power blackouts affecting facilities other than facilities of a kind commonly protected by redundant power systems, unless such redundant power systems are also affected by any Force Majeure condition, unusually severe weather conditions, inability to secure products or services of other persons or transportation facilities, or acts or omissions of transportation common carriers.
I. During the term of this Agreement and for a 2-year period after any termination of this Agreement, Client, will not, without the prior written consent of Mid Valley IT, either directly or indirectly, on Client's own behalf or in the service or on behalf of others, solicit or attempt to solicit, divert or hire away any person employed by Mid Valley IT or any customer of Mid Valley IT.
J. Every twelve months, following the start date of this agreement, a cost-ofliving increase of 4.5% shall be assessed to the monthly dollar amount of this agreement.
K. Invoices are due and payable by the 1st of the month receiving support.
Once an invoice reaches 30 days past due, client shall be placed on a support hold until payment arrangements have been approved.
Prepared by:
Joy Alexander • Mid Valley IT
(800) 931-2043 • jalexander@midval/eyit.com
IT Managed Services
Fixed Agreement
39 MID VALLEY IT
MONTHLY FIXED SUPPORT AGREEMENT
CONTINUED
L. MISCELLANEOUS PROVISIONS
a. Waiver. The Client's waiver of a breach of term is not deemed a waiver of any subsequent breach of the same term.
b. Cost of Litigation. If legal action is necessary to enforce this contract, the prevailing party is entitled to receive all costs and expense including reasonable attorney's fees and costs of arbitration or litigation. c. Entire Contract. This document, together with the attachments, is the entire contract. Any modification must be in writing and signed by the parties. d. This contract shall bind and inure to the benefit of the heirs, successors, and assigns of the parties; however, Contractor shall not subcontract or assign this contract without the prior written consent of the Client. e. If the Contractor is compelled to provide testimony or otherwise appear for matters (subpoena's, depositions or similar) related to the client, client is responsible for paying Contractor's hourly rate (including travel) of $275.00 per hour.
M. Any new equipment installed into the client's environment shall incur a labor fee for installation. Mid Valley IT shall notify client, and quote, any work that may require additional labor prior to any work being completed. Client reserves the right to either approve or decline any quote at their discretion.
N. Required insurance in connection with the services to be performed by Contractor are set forth in Attachment A, attached hereto and incorporated herein by this reference."
Prepared by:
Joy Alexander • Mid Valley IT
(800) 931-2043 • jalexander@midva//eyit.com
IT Managed Services
Fixed Agreement
40 By signing below, both the client and Mid Valley IT agree to the above terms and conditions. This agreement shall commence on the date signed and run for 1 year. This agreement shall supersede all other agreements ( either written or verbal} and shall be the document referenced for the support guidelines for the above client. Once the term has been reached, this agreement shall auto-renew on a monthly basis until such time as written notice is given for either cancellation or term changes.
Mid Valley IT
Print Name
Title
Signature
Prepared by:
Joy Alexander • Mid Valley IT
(800) 931-2043 • jalexander@midva//eyit.com
Client
Print Name
Title
Signature
IT Managed Services
Fixed Agreement
41 THIS PAGE IS INTENTIONALLY LEFT BLANK
42 ATTACHMENT A
STANDARD CITY INSURANCE REQUIREMENTS FOR CONTRACTORS AND CONSULTANTS Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of work. Contractor shall obtain. provide and maintain at its own expense during the term of this Contract, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by the City Attorney prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Contract.
B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A {or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City Attorney.
D. Coverage Requirements.
i. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance {Statutory Limits) and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
ii. General Liability Coverage. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01. in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Contractor's general tiability policies shall be primary and non-contributory, and be endorsed using Insurance Services Office form CG 20 1 O to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. For construction contracts, an endorsement providing completed operations to the additional insured, ISO form CG 20 37, is also required.
iii. Automobile Liability Coverage. Contractor shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than one million dollars ($1,000,000) per accident. If Contractor owns no vehicles, this requirement may be met through a non-owned auto endorsement to the CGL policy.
Prepared by:
Joy Alexander • Mid Valley IT
(800) 931-2043 • [email protected]
IT Managed Services
Fixed Agreement
43 E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Contractor.
ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to City. Any insurance maintained by City, including any self-insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder.
iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days ( 1 0 calendar days written notice of non-payment of premium) written notice has been received by City.
Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Contract, or the extent to which Contractor may be held responsible for payments of damages to persons or property.
Prepared by:
Joy Alexander • Mid Valley IT
(800) 931-2043 • [email protected]
IT Managed Services
Fixed Agreement
44 TO:
FROM:
DATE:
SUBJECT:
LOsBanos
At the Crossroads of California
Agenda Staff Report
Mayor Llanez and Members of City Council
Brent Kuhn, Interim Finance Director
October 18, 2023
Copier Lease-Purchase Agreement and Maintenance/Print Services Agreements
TYPE OF REPORT: Consent Agenda
Recommendation:
That the City Council approve the proposed resolution authorizing the City Manager to execute the State and Local Government Lease-Purchase Agreement with De Lage Landen Public Finance LLC and the Caltronics Business Systems Managed Print Services agreement, Wide Format Maintenance Agreement, and Lease Return/Storage Agreement, including Addendum.
Background:
In 2013, the City Council approved agreements with Lucas Business Systems for maintenance copier/printer services and Xerox Equipment Finance to lease new City wide replacement copier equipment. The maintenance agreement for copiers and· the equipment lease have expired.
Discussion:
The City has been having mechanical issues with the current Konica-Minolta copiers due to the general age of the equipment; in addition maintenance services provided by the existing agreements have lacked the customer service response needed to keep these older copiers operating efficiently. Therefore, the City staff is proposing to replace the existing copiers with the new Konica-Minolta models identified in the Order Form in the Caltronics Business Systems Agreement and in the De Lage Laden LeasePurchase Agreement attached to this staff report. 45 Staff in each City department identified desired replacement copiers. Copiers at several City sites will be upgraded to better meet the needs of departments, associated costs will minimally increase due to the equipment upgrades.
The Los Banos Municipal Code Sections 3-10.250 and 3-10.290 allow the City to leverage a pre-negotiated Cooperative Purchasing Agreement as an alternative to the Request for Proposal/Bidding process. The City is eligible to participate in Sourcewell Cooperative Purchasing Contracts (Sourcewell Contract #030321-KON). This purchasing cooperative allowed the City to competitively solicit cooperative contracts.
The Lease-Purchase Agreement and the installation and maintenance services from Caltronics Business Systems were identified through this method. Caltronics will be responsible for the lease return of the current copiers.
Fiscal Impact:
The monthly payment in the current equipment lease agreement is $2,464.65 per month. The new lease agreement will increase the payment to $2,530.39 per month over a five-year term with an option to purchase at the end of the lease.
The maintenance agreement renews every 12 months and the monthly service cost is determined by the per copy rate. This rate is identified by model in the Prestige Managed Print Service Agreement. This is a variable cost based on usage. The cost for copier maintenance and printer services will minimally increase for Color and B/W copies due to inflation however on average the price per copy rate is comparable to the existing service agreement.
Reviewed by:
Jos
Attachments:
Resolution
Order Form
Lease Return Form
Prestige Managed Print Service Agreement
State and Local Government Lease Purchase Agreement
Addendum No. 1
46 Equipment And Equipment Pricing
Group Address Location Proposed Mnf Proposed Model Proposed Accessories Proposed Sourcewell Lease Cost_
100 Sheet Booklet Finisher, Hole
City Hall 520J Street __ Ad= m=lnistration Konica C750i Punch, Key Board, 3000 Sheet LCC $ 249.13 City Hall 520J Street
Fire 333 7th Street - Fire
Fire 1150 W. I Street
Public Works 645 7th Street
Public Works 645 7th Street --
Public Works 101S F Street
Public Works 411 Madison Ave IPublic Works 411 Madison Ave J.
I Police Department 945 5th St
Police Department 945 5th St
Police Department 945 5th St
I
Model
C750i
CS50i
C450i
C36m
E4528fdn
KIP 860 $.0690
100 Sheet Booklet Finisher, Hole
Mail Room C750i Punch, Key Board, 3000 Sheet LCC $
$
Station 1 l Konica
50 Sheet Staple Finisher, Relay Unit,
C360I Hole Punch, 4 Paper Drawers, Fax $
Station 1- offic E4528fdn $
Station 2 E4S28fdn $
$
- - - I Konica
100 Sheet Booklet Finisher, Hole
Community Center Lobby C550i Punch, Key Board, 3000 Sheet LCC $ 50 Sheet Staple Finisher, Relay Unit,
Community Center Office Konica C360I Hole Punch, 4 Paper Drawers $ 50 Sheet Staple Finisher, Relay Unit,
F Street Yard Konica C450i Hole Punch, 4 Paper Drawers, Fax $ 100 Sheet Booklet Finisher, Hole
Office Konica - C7SDI Punch, Key Board, 3000 Sheet LCC $ Office KIP 860 Color Scanner Two Roll, PDF Printins_ .i. $ - - - -- - SO Sheet Staple Finisher, Relay Unit,
Annex Konica C360I Hole Punch, 4 Paper Drawers $ - 50 Sheet Staple Finisher, Relay Unit, Dispatch Konica C550i - Hole Punch, 4 Paper Drawers _ $ 50 Sheet Staple Finisher, Relay Unit,
Records Konica CSSOi Hole Puncli, 4 Paper Drawers $
I - $
!Project Total $
Service and Maintenance Pricing
Color
$.0439
$.0459
$.0500
$.0510
B&W
$.0059
$.0071
$.0073
$.0077
$.0950 $.0200
$.0470 plus: Monthly Base of $117.50
249.13
498.26
131.16
23.69 23.69
178.54
224.93
131.16
174.23
I
249.13
536.61
1,316.05
131.16 I
203.19 1
I
203.19
537.53
2,530.39
47 THIS PAGE IS INTENTIONALLY LEFT BLANK
48 RESOLUTION NO. __
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS
BANOS APPROVING THE LEASE-PURCHASE AGREEMENT WITH DE
LAGE LANDEN PUBLIC FINANCE LLC AND PRINT SERVICES
AGREEMENTS WITH CAL TRONICS BUSINESS SYSTEMS
WHEREAS, the City of Los Banos desires to replace and upgrade the City's aging copier fleet by acquiring new copier equipment that is well-suited to each City departments' specific needs and requirements; and
WHEREAS, the City has opted to leverage the Sourcewell Cooperative Purchasing Contract to procure the equipment for this project, in accordance with Los Banos Municipal Code Sections 3-10.290 and 3-10.250; and WHEREAS, no official or employee of City has a financial interest, within the provisions of California Government Code, Sections 1090-1092, in the subject matter of this Contract.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby approve the acquisition of the replacement copiers and authorizes the City Manager or his designee to execute
1. The State and Local Government Lease-Purchase Agreement with De Lage Landen Public Finance LLC, and
2. The Caltronics Business Systems Managed Print Services Agreement, Wide Format Maintenance Agreement, and Lease Return/Storage Agreement, including Addendum.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the _ day of _____ 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:
APPROVED:
Paul Llanez, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
49 THIS PAGE IS INTENTIONALLY LEFT BLANK
50 DOCUMENTATION INSTRUCTIONS FOR LEASE NUMBER _s_oo-_5o5_52_s4_1 ___ _ The instructions listed below should be followed when completing the enclosed documentation. Documentation completed improperly will delay funding.
If you have any questions regarding the instructions or the documentation, please call us.
1. STATE AND LOCAL GOVERNMENT LEASE-PURCHASE AGREEMENT
1. Bank Qualification Section
• Read and check box if appropriate
2. Lessee Signature
• Print name, title, sign and date (must be authorized officer}
11. ATTACHMENT 1 - LEASE PAYMENT SCHEDULE
• Print name, title, sign and date
111. ATTACHMENT 2 - EQUIPMENT DESCRIPTION - (WHEN PROVIDED) • Print name, title, sign and date
IV. STATE SPECIFIC ADDENDA
Required for: AR, Al., CO, FL, GA, KS, LA, Ml, MN, MS, NC, NJ, NY, OH, OK, & TX • Print name, title, sign, date and attest when required V. ACCEPTANCE CERTIFICATE - PLEASE RETAIN UNTIL ALL EQUIPMENT HAS BEEN RECEIVED AND IS IN FULL WORKING ORDER • Print name, title, sign and date
VI. 80386 OR GC - IRS FORM. Post fundin : Form will be sent to ou via email to si n and return with an ori inal si nature.
The enclosed form is a SAMPLE only. The actual 8038G or GC will be completed and sent to you for your signature after closing, with instructions to return the original to us at your earliest convenience. This is being done in accordance with the Internal Revenue Service regulations and is a requirement of this financing.
VII. ADDITIONAL DOCUMENTATION THAT MUST BE SENT PRIOR TO FUNDING - (WHEN APPLICABLE) :
D Insurance Certificate for Property - List DE LAGE LANDEN PUBLIC FINANCE LLC and/or Its Assigns as "loss payee" to the address listed below. The certificate must also show the physical address where the equipment is located or the phrase "throughout jurisdiction" may be used. Must also list amount being financed. □ Insurance Certificate for Liability- List DE LAGE LANDEN PUBLIC FINANCE LLC and/or Its Assigns as "additional insured." ,ll' Vendor invoice listing customer as both bill to and ship to party (to be provided by vendor} -ii Completed Billing Information form
D Advance payment check made payable to DE LAGE LANDEN PUBLIC FINANCE LLC D State sales tax exemption certificate
□ Escrow Agreement - Return signed Escrow Agreement Incumbency Certificate & Lessee W9 --------------------- ----
--------------------------
ALL DOCUMENTATION SHOULD BE RETURNED VIA FAX OR EMAIL AS FOLLOWS:
Attention: JOY WILLIAMS
Email: [email protected]
Lease Processing Center
1111 Old Eagle School Road
Wayne, PA 19087
JOY WILLIAMS
©2020 All Rights Reservea. Prinled in lhe U.S.A. 08?FDOC073v9 5/20 a,
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51 De Lage Landen Public Finance LLC State and Local Government Lease-Purchase Agreement PHONE: (800) 736-0220
FACSIMILE: (800) 700-4643
1111 Old Eagle School Road
Wayne, PA 19087
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Full Legal Name
City of Los Banos
OBA Name (if any)
Phone Number
Purchase Order Requisition Number
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CA
Zip
93635
Send Invoice to Attention of:
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LOS BANOS
M<Klel No. Serial Number
Equipment Location (if not same as above) City
Number of Lease Payments Lease Payments:
60 60
See Lease Payment Schedule Attached as Attachment 1
Payment Frequency
it"Monthi'f
□ Ou<>'ierty
□ Semiannually
□ Annually
D Other _______ _
End of Lease Option: $1
DeSC/iption (Attach Separate Sehedulc If Necessa
SEE ATTACHMENT 2 EQUIPMENT DESCRIPTION
State Zip
By checking the box below, YOU hereby designate this Lease as a "qualified tax-exempt obligation· as defined in Section 265(b)(3)(B) of the Internal Revenue Code and represent lhal the aggregate lace amount of al; tax-exempt obligations (excluding private activity bonds other than qualified 501 (c)(3) boods) issued or to be issued by YOU and YOUR subordinate entities during the calendar year in which WE fund this Lease is not reasonabi'f expected to exceed $10,000,000.
□ Bank Oualilicalion Elecled
TERMS & CONDITIONS
Please read YOUR copy of this State and Local Government Lease-Purchase Agreement ("Lease") carefully and feel free to ask US any questions YOU may have about it. Words ''YOU" and ''YOUR" refer to the "Lessee" and the words "WE," US" and "OUR" refer to De Lage Landen Public Finance LLC, Its successors and assigns, as the "Lessor" of tne Equipment. 1. LEASE. WE agree to lease to YOU and YOU agree to lease from US, the equipment listed above (and on any attached schedule) including all replacement parts, repairs, additions and accessories ("Equipment") on the terms and conditions of this lease and on any attached schedule.
2. TERM. This Lease is effective on the date when the term of this Lease and YOUR obligation to pay rent commence, which date shall be the date that funds are advanced by US to YOU, the vendor of the Equipment or an escrow agent for the purpose of paying or reimbursing all or a portion of the cost of the Equipment (the "Commencement Date") and continues thereafter for an original term ("Original Term") ending at the end of YOUR budget year in effect on the Commencement Date and may be continued by YOU for additional one-year renewal terms ("Renewal Terms") coinciding with YOUR budget year up to the total number of months indicated above as the Full Lease Term; provideci, however, that at the end of the Original Term and at the end of each Renewal Term until the Full Lease Term has been completed, YOU shall be deemed to have continued this Lease for the next Renewal Term unless YOU shall have terminated this Lease pursuant to Section 5 or Section
17. Lease Payments will be due as set forth on Attachment 1 until the balance of the Lease Payments and any additional Lease Payments or expenses chargeable to YOU under this Lease are paid in full. As set forth in the Lease Payment Schedule, a portion of each Lease Payment is paid as, and represents payment of, interest YOUR obligation to pay tne Lease Payments and YOUR other Lease obligations are absolute and unconditional and are not subject to cancellation, reduction, setoff or counterclaim except as provided in Section 5. THIS lEASE IS NON-CANCELABLE EXCEPT AS PROVIDED IN SECTION 5.
3. LATE CHARGES. II a Lease Payment is not made on the date when due, YOU will pay US a lale charge atthe rate of 18% per annum or the maximum amount permitted by law, whichever is less, from such dale.
4. CONTINUATION OF LEASE TERM. YOU currently intend, subject to Section 5, to continue this Lease through the Full Lease Term and to pay the Lease Payments hereunder. YOU reasonably believe that legally available funds in an amount sufficient to make all Lease Payments during the Full Lease Term can be obtained. YOUR responsible financial officer shall do all things lawfullv within his or her power to obtain and maintain funds from which the Lease Payments may be made, including making provision for the Lease Payments to the extent necessary in each proposed' annual budget submitted for approval in accordance wfth YOUR applicable procedures and to exhaust all available reviews and !11)peals tt that portion of the budget is not approved. Notwithstanding the foregoing, the decision whether to budget or appropriate funds and to extend this Lease for any Renewal Term is solely within the discretion of YOUR governing body. 5. NONAPPROPRIATION. YOU are obltgated only to pay such Lease Payments under this Lease as may lawfully be made from funds budgeted and appropriated for that purpose during YOUR then current budget year. If YOU fail to appropriate or otherwise make available funds to pay the Lease Payments required to be paid in the next occurring Renewal Term, this Lease shall be deemed terminated at the encl of the then current Original Term or Renewal Term. YOU agree to deliver written notice to US of such termination at least 90 days prior to the end of the then current Original Term or Renewal Term, but failure to give such notice shall not extend the term of this Lease beyond the then current Original Term or Renewal Term. If this Lease is terminated in accordance with this Section, YOU agree, at YOUR cost and expense, to peaceably deliver the Equipment to US al the location or locations specified by US. 6. WARRANTIES. WE are leasing the Equipment to YOU "AS:IS" and WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, OR FllNESS FOR A PARTICULAR PURPOSE. WE transfer to YOU, without recourse, for the term of this Lease all warranties, tt any, made bv the manufacturer. YOU ALSO ACKNOWLEDGE THATNO ONE IS AUTHORIZED
TO WAWE OR CHANGE ANY TERM, PROVISION OR CONDITION OF THIS LEASE AND, EXCEPT FOR THE MANUFACTURER WARRANTIES, MAKE ANY REPRESENTATION OR WARRANTY ABOUT THIS LEASE OR THE EQUIPMENT. WE SHALL NOT BE LIABLE FOR SPECIAL RESULTING OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFIT OCCASIONED BY ANY BREACH OF WARRANlY OR REPRESENTATION OR RESULTING FROM THE USE OR PERFORMANCE OF THE EQUIPMENT. YOUR OBLIGATION TO PAY IN FULL Af'JY AMOUNT DUE UNDER THE LEASE WILL NOT BE AFFECTED BY ANY DISPUTE, CLAIM, COUNTERCLAIM DEFENSE OR OTHER RIGHT WHICH YOU MAY HAVE OR ASSERT AGAINST THE SUPPLIER OR THE EQUIPMENT MANUFACTURER.
7. DELIVERY AND ACCEPTANCE. YOU ARE RESPONSIBLE, AT YOUR OWN COST TO ARRANGE FOR THE DELIVERY AND INSTALLATION OF THE EQUIPMENT (UNLESS THOSE COSTS ARE INCLUDED IN THE COSTS OF THE EQUIPMENTTO US). IF REQUESTED, YOU WILL SIGN A SEPARATE EQUIPMENT DELIVERY AND ACCEPTANCE CERTIFICATE. WE MAY AT OUR DISCRETION (Terms and Conditions continued on the reverse side of this Lease.) YOU agree to all ol the Terms and Conditions contained in balh sides of this Lease, and in any attachments to same (all of which are included by re•erence) and become part of this Lease. YOU acknowledge to have read and agreed to all the Terms and Cooditions.
The Equipment is:
Signature
Title
Prinl Name
Lega! Name of Corporalion
City of Los Banos
~NEW
Date
(LEASE MUST BE SIGNED BY AUTHORIZED OFFICIAL OF LESSEE) D USED
Lessor S~nature
Print Name
Tille
For
DE LAGE LANDEN PUBLIC FINANCE LLC
Lease Number
500-50552647
Lease Dale
OCT4
Vendor I.D. Number
158826-0004
, 2023
I Dale
52 CONFIRM BY TELEPHONE TI-IAT YOU HAVE ACCEPTED TI-IE EQUIPMENT AND THAT TELEPHONE VERIFICATION OF YOUR ACCEPTANCE OF THE EQUIPMENT SHALL HAVE THE SAME EFFECT AS A SIGNED DELIVERY AND ACCEPTANCE CERTIRCATE.
8. mu, PERSONAL PROPERTY, LOCATION, INSPECTION, NO MODIACATIONS DR ALTERATIONS. YOU have title to the Equirment provided that title to the Equipment will immediately and without any action btYOU ves in US, and YOU shall immediately surrender posses- sion of the Equipment to US, /a upon any termination of this Lease other !nan termination pur- suant to Section 17 or (bl if YD are in default of this Lease. It is the intent of the parties hereto that any transfer of tltle to US pursuant to this Section shall occur automaticallv without the neces- sity of any bill of sale, certificate of title or other instrument of conveyance. YOO shall, nevertheless, execute and deliver any such instruments as WE may reguest to evidence such transfer. As secu- rity for YOUR obligations hereunder, WE retain a security interest in the Equipment and all pro- ceeds thereof. YOO have the right to use the Equipment curing the term of this Lease, except as otherwise expressly set forth in this Lease. Although the Equipment may become attached to real estate, It remains personal property. YOU agree not to alter or modifv the Equipment or permit a lien to be placed upon the Equipment or to remove the Equipment without OOR prior written con- sent. If WE feel it is necessary, YOU agree to provide US with waivers of interest or liens from any- one claiming any interest in the real estate on which any items of Equipment is located. WE also have the right_at reasonable times, to inspect the Equipment 9. MAINTENANCE. YOU are required, at YOUR own cost and expense, to keep the Equipment in good repair, condition and wor1<ing order, exceptforordinarywearand tear, and YOU will supply all parts and servicing required. All reiilacement parts used or installed and repairs made to the Equipment will become OUR property. YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR PROVIDING ANY REQUIRED MAINTENANCE AND/OR SERVICE FOR THE EQUIPMENT. YOU WILL MAKE ALL CLAIMS FOR SERVICE AND/OR MAINTENANCE SOLELY TO THE SUPPLIER AND/OR MANUFACTURER AND SUCH CLAIMS WILL NOT AFFECT YOUR OBLIGATION TO MAKE ALL REQUIRED LEASE PAYMENTS.
10. ASSIGNMENT. YOU AGREE NOT TO IBANSFER, SELL, SUBLEASE, ASSIGN, PLEDGE
OR ENCUMBER EITHER THE EQUIPMENT OR ANY RIGHTS UNDER THIS LEASE WITHOUT OUR PRIOR WRITTEN CONSENT. YOU agree that WE may sell, assign or transfer this Lease and, if WE do the new owner will have the same rights and benefits that WE now have and will not have to perform any of OUR obligations and the rights of the new owner will not be subject to an}' claims, counterclainns, defenses or set-offs that YOU may have against US. YOU hereby appoint Municipal Registrar Services /the "Registrar'') as YOUR agent for the purpose of maintaining a written record of each assignment in form necessary to comply with Section 149(a) of the Internal Revenue Gode of 1986, as amended. No such assignment shall be binding on YOU until the Registrar has received written notice from the assignor of the name and address of the assignee. 11. LDSS OR DAMAGE. YOU are responsible for the risk of loss or destruction of, or damage to the Equipment No such loss or damage relieves YOU from any obligation under this Lease. If any of the Equipment is damaged by fire or other casualty or title to, or the temporary use of, any of the Equipment is taken under the exercise of the power of eminent domain, the net proceeds ("Net Proceeds") of any insurance claim or condemnation award will be applied to the prompt replacement, repair, restoration, modification or improvement of that Equipment, unless YOU have exercised YOUR option to purchase the Equipment pursuant to Section 17. Any balance of the Net Proceeds remaining after such work has oeen completed shall be paid to YOU.
12. LESSEE'S NEGLIGENCE. To the extent permitted by law, and without waiver of any of YOUR sovereign immunity rights, YOU assume all risks and liabilities, whether or not covered by insurance, for loss or damage to the Equipment and for injury to or death of any person or damage to any property, whether such injury or death be with respect to YOUR agents or employees or of third parties, and whether such property damage be to YOUR property or the property of others, which is proximately caused by the negligent conduct of YOU, YOUR officers, employees and agents. 13. TAXES. YOU agree to pay all applicable license and registration fees, sale and use taxes, personal property taxes and all other taxes and charges, relating to the ownership, leasing, rental, sale, purchase, J?!>SSession or use of the Equipment (except those based on OUR net income). YOU agree that if WE pay any taxes or charges, YOU will reimburse US for all such payments and will pay US interest and a late charge (as calculated in Section 3) on such payments with the next Lease Payment, plus a fee for OUR collecting and administering any taxes, assessments or fees and remitting them to the appropriate authorities.
14. INSURANCE. During the term of this Lease, YOU will keep the Equipment insured against all risks of loss or damage in an amount not less than the replacement cost of the Equipment, without deductible and without co-insurance. YOU will also obtain and maintain for the term of this Lease1 comprehensive public liabillty insurance covering both personal injury and property damage 01 at least $100,000 per person and $300,000 per occurrence or bodily injury and $50,000 for property damage. WE will be the sole named loss payee on the property insurance and named as an additional insured on the public liabillty insurance. YOU will pay all premiums for such insurance and must deliver proof of insurance coverage satisfactory to US. If YOU do not provide such insur- ance, YOU agree that WE have the right, but not the obfigation, to obtain such insurance and add an insurance fee to the amount due from you, on which we make a profit. 15. DEFAULT. Subject to Section 5, YOU are in default of this Lease if any of the following occurs: (a) YOU fail to pay aey Lease Payment or other sum when due; (b) YOU breach any war- ranty or other obligation under this Lease, oran_yotheragreementwlth US, (c) YOU become insolvent or unable to pay YOUR debts when due, YOU make an assignment for t~e benefit of creditors or YOU undergo a substantial deterioration in YOUR financial condition or (d) YOU file or have filed against YOU a petition for liquidation, reorganization, adjustment of debt or similar relief under the Federal Bankruptcy Code or any other present or future federal or state bankruptcy or insolvency law, or a trustee, receiver or liquidator is appointed for YOU or a substantial part.of YOUR assets.
16. REMEDIES. WE have the following remedies if YOU are in default of this Lease: WE may declare the entire balance of the unpaid Lease Payments for the then current Original Term or Renewal Term immediately due and payable; sue for and receive all Lease Payments and any other payments then accrued or accelerated under this Lease; charge YOU interest on all monies due US at the rate of eighteen percent (18%) per year from the date of default until paid, but in no event more than the maximum rate permittecf lly law; charge YOU a return-check or non-sufficient funds charge /"NSF Charge") of $25.00 for a check that is returned for any reason; and require that YOU return the Equipment to US and, if YOU fail to return the Equipment, enter upon the premises peaceably with or without legal process where the Equipment is located and repossess the Equipment. Such return or repossession of the Equipment will not constitute a termination of this Lease unless WE expressly notify YOU in writing. If the Equipment is returned or repossessed by US and unless WE have terminated this Lease, WE will sell or re-rent the Equipmentto any persons with any terms WE determine, at one or more public or private sales, with or without notice to YOU and apply the net proceeds after deducting the costs and expenses of such sale or re-rent, to Y6UR otlhgations with YOU remaining liable for any deficiency and with any excess over the amounts described in this Section plus the then applicable Purchase Price to be paid to YOU. YOU are also required to pay (i) all expenses incurred by US in connection with the enforcement of any remedies, including all expenses of rel)ossessing, storing, shipping, repairing and selling the Equipment, and (ii) reasonable attorneys' fees.
17. PURCHASE OPTION. Provided YOU are not in default, YOU shall have the option to pur- chase all but not less than all of the Equipment (al on the date the last Lease Payment is due (assuming this Lease is renewed at the end of the Original Term and each Renewal Term), if this lease is still in effect on that day, Ul)on payment in M of Lease Payments and all other amounts then due and the payment of One Dollar to US; (b) on the last day of the Original Term or any Renewal Term then in effect, upon at least 60 days' prior written notice to US and payment in full to US of the Lease Payments and all other amounts then due plus the then applicable Purchase Price set forth on the Lease Payment Schedule; or /c) if substantial damage to or destruction or condemnation of substantially all of the Equipment nas occurred, on the day specified in YOUR written notice to US of YOUR exercise of the purchase option upon at least 60 days' prior notice to US and payment in full to US of the Lease Payments and all other amounts then due plus the then applicable Purchase Price set forth on the Lease Payment Schedule.
18. REPRESENTATIONS AND WARRANTIES. YOU warrant and represent as follows: (a) YOU are a public bodv corporate and politic duly organized and existing under the constitution and laws of YOUR State with full power and authority to enter into this Lease and the transactions contemplated hereby and to perform all of YOUR obligations hereunder; (b) YOU have duly authorized the execution and delivery of this Lease by proper action by YOUR governing body at a meeting duly called, regularlv convened and attended throughout by the requisite majority of the members thereof or t>y other .i.ppropriate official approvaf, and all requirements have Ileen met and procedures have occurred m order to ensure the validity and enforceability of this Lease; (c) YOU have complied with such public bidding requirements as may be applicable to this Lease and the acquisition by YOU of the Equipment, (d) all authorizations, consents and approvals of governmental bodies or agencies required in connection with the execution and delivery by YOU of this Lease or in connection with the carrying out by YOU of YOUR obligations hereunder have been obtained; (e) this Lease constitutes the legal, valid and binding obligation of YOU enforceable in accordance with its terms, except to the extent limited by applicable bankrul)tcy, insolvency, reorganization or other laws affecting creditors' rights generally; (f) YOU have, in accordance with the requirements of law, fully budgeted and appropriated sufficient funds for the current budget year to make the Lease Payments scheduled to come due during the current budget year and to meet YOUR other obligations under this Lease for the current budget rear, ana t~ose funds have not been expended for other purposes; (g) the E~uipment is essentia to YOUR functions or to the services YOU provide to YOUR citizens, YOU have an immediate need for the Equipment and expect to make immediate use of the Equipment, YOUR need for the Equipment is not temporary and YOU do not exJ)ect the need for any item of the Equipment to diminish in the foreseeable future, includin9 the Full Lease Term, and the Equipment will be used by YOU only for the purpose of performing one or more of YOUR governmental or proprietary functions consistent with the permissible scope of YOUR authority and will not be used in the trade or busi- ness of any other entity or person; and (h/ YOU have never failed to appropriate or otherwise make available funds sufficient to pay renta or other payments coming due under any lease pur- chase installment sale or other similar agreement. 19. UCC RUNGS AND FINANCIAL STATEMENTS. YOU authorize US to file a financing statement with respect to the Equipment. If WE feel it is necessary, YOU agree to submit financial statements /audited if available) on a quarterly basis.
20. "INTENTIONALLY OMITTED"
21. TAX EXEMPTION. YOU will comply with all applicable provisions of the Internal Revenue Code of 1986, as amended (the "Code"), including without limitation Sections 103, 141, 148 and 149 thereof, and the applicable regulations thereunaerto maintain the exclusion of the interest por- tion of the Lease Payments from gross income for purposes of federal income taxation. YOU acknowledge that these provisions of the Gode provide restrictions on the use of the Equipment and the expenditure and investment of money related to this Lease. YOU agree to insure the timely and accurate filing of IRS Form 8038-G or Form 8038-GC, as applicable, as required by the Code, and will fully cooperate with US to insure such timely and accurate filing. 22. BANK QUAURCATIDN. If YOU checked the "Bank Qualification Elected" box on the front page of this Lease YOU and all YOUR subordinate entities will not issue in excess of $10,000,000 of qualified tax-exemP,t obligations (including this Lease but excluding private activity bonds other than qualified 501 (c){3l bonds) dunng the calendar year in which WE fund this Lease without first obtaining an opinion of nationally recognized counsel in the area of tax-exempt municipal obliga- tions acceptable to US that the designation of this Lease as a "qualified tax-exempt obligation" will not be adversely affected.
23. CHOICE OF LAW; JURY TRIAL WAIVER. This Lease shall be governed and construed In accordance with the laws of the stale where YOU are located. To lhe extent pennltted by law, YOU agree to waive YOUR rights lo a trial bv jury. 24. ENTIRE AGREEMENT; SEVERABILITY; WAIVERS. This Lease contains the entire agree- ment and understanding. No agreements or understandings are binding on the parties unless set forth in writing and signed by the parties. Any provision ol this Lease which for any reason may be held unenforceable in any jurisdiction shall, as to su_chjurisdiction, be ineffective without invaliding the remaining provisions of this Lease. TI-IIS LEASE IS NOT INTENDED FOR TRANSACTIONS WITH AN E UIPMENT COST OF LESS THAN $1 ,000.
25. ROLE OF LESSOR. WE have not acted and will not act as a fiduciary for YOU or as YOUR agent or municipal advisor. WE have not and will not provide financial, legal, tax, accounting or other advice to YOU or to any financial advisor or placement agent engaged by YOU with respect to this Lease. YOU, YOUR financial advisor, placement agent or municipal advisor, if any, shall each seek and obtain its own financial, legal, tax, accounting and other advice with resp!J!:I to this Lease from its own advisors (including as it relates to structure, timing, terms and s1m1lar matters).
26. ELECTRONIC TRANSACTIONS. WE in our sole discretion, may permit YOU to electronically copy and/or deliver by telecopier or other electronic means of transmission an executed counterpart of this Lease, and any document, schedule, amendment, addendum, supplement or agreement related hereto or executed in connection herewith, with the exception of IRS Form 8038-GC or IRS Form 8038-G, as applicable, which YOU must execute using an ori3inal, manual signature /note-Signature). By so copying and/or delivering any such document, YO hereby rep- resent and agree (a) that such transmission constitutes due delivery of such executed document, (~) that the counterpart of such executed document as printed by the recipient, including YOUR signature thereon, shall be deemed to constitute an original and shall be admissible in any court or other legal proceeding as an original, and (c) to deliver to US, promptly on request, such document bearing YOUR original 'wet ink" signature; provided that neither delive.~ nor failure to deliver the document bearing YOUR original "wet ink" signature shall limit or modily the representations and agreements set forth in clauses (a) and (b). This Lease, including any document, schedule, N amentlment, addendum, supplement or agreement related hereto or executed in connection here- {!:_ with, with the exception of I RS Form 803B-GC or I RS Form 8038-G, as applicable may be exe- = cuted in_ co_unterparls and any facsimile, photographic or oth~r electronic transmission and/or elec- ~ Ironic signing of the Lease by YOU when manuali,, countersigned by US or attached to OUR orig- 0 inal signature counterpart and/or in OUR possession shall constitute the sole original chattel paper c as defined in the UCC for all purposes and will be admissible as legal evidence thereof. At OUR It:
option, WE may require a manual signature. N
.... Page 2 of 2 ©2020 All Rights Reserved. Printed in lhe U.S.A. 12PFDOC207v2 6120 53 THIS PAGE IS INTENTIONALLY LEFT BLANK
54 ATTACHMENT 1 STATE AND LOCAL GOVERNMENT LEASE-PURCHASE AGREEMENT Lease Payment Schedule
LESSOR: DE LAGE LANDEN PUBLIC FINANCE LLC
LESSEE: City of Los Banos
LEASE NUMBER: 500-50552647
LEASE DATE: _O_C_T_ 4 __________ _ , 2o_n___
Lease Payments are due on each periodic anniversary of the Commencement Date that occurs during the Full Lease Term until all of the payments set forth below have been received by US. The period for each periodic anniversary is MQNIHI Y , as specified in the Payment Frequency box of this Lease. If the Commencement Date occurs on the 29th, 30th or 31st day of any month, the periodic anniversary will be deemed to occur on the 1st day of the month, commencing on the 1st day of the SECQNQ succeeding month after the month of such Commencement Date.
Payment Number Rental Payment Interest Portion Principal Portion Balance Purchase Price Loan 0 0 0 139,366.96
1 2,788.59 863.96 1,924.63 137,442.33 141,565.60
2 2,788.59 852.03 1,936.56 135,505.77 139,570.94
3 2,788.59 840.02 1,948.57 133,557.20 137,563.92
4 2,788.59 827.94 1,960.65 131,596.55 135,544.45
5 2,788.59 815.79 1,972.80 129,623.75 133,512.46
6 2,788.59 803.56 1,985.03 127,638.72 131,467.88
7 2,788.59 791.25 1,997.34 125,641.38 129,410.62
8 2,788.59 778.87 2,009.72 123,631.66 127,340.61
9 2,788.59 766.41 2,022.18 121,609.48 125,257.76
10 2,788.59 753.88 2,034.71 119,574.77 123,162.01
11 2,788.59 741.26 2,047.33 117,527.44 121,053.26
12 2,788.59 728.57 2,060.02 115,467.42 118,931.44
13 2,788.59 715.80 2,072.79 113,394.63 116,796.47
14 2,788.59 702.95 2,085.64 111,308.99 114,648.26
15 2,788.59 690.02 2,098.57 109,210.42 112,486.73
16 2,788.59 677.01 2,111.58 107,098.84 110,311.81
17 2,788.59 663.92 2,124.67 104,974.17 108,123.40
18 2,788.59 650.75 2,137.84 102,836.33 105,921.42
19 2,788.59 637.50 2,151.09 100,685.24 103,705.80
20 2,788.59 624.16 2,164.43 98,520.81 101,476.43
Sales tax of $11 ,
213.43 is included in the financed amount shown above.
The dates, interest rate and resulting payments contained in the above amortization schedule are estimated based on the expected transaction funding timeframe. Lessor will make reasonable efforts to maintain the rate and payments presented herein. However, the rate may need to be adjusted prior to closing due to change in law or market conditions. In the event that market interest rates increase prior to the date of closing, the interest rate will be revised to reflect adjustments to the Lender's actual cost of funds due to financial market and legal changes incurred since the date of this documentation. This revision may result in an increase in the resulting payment amounts. If such revisions are deemed necessary by Lessor (ii its sole discretion), ii is understood and agreed by Lessee that a revised amortization schedule reflecting these changes will be executed prior to closing. ...,.
N '------ -------------------------------- - ---- ------- ----' ~ 0 Lessee Signature: ________________________ Date: _____________________ f2 Print Name: _ _________________________ Title: _______ ______________ ~ .... Page 1 ___ of _2 __ ©2022 All Rights Reserved. Printed in the U.S.A. 12PFDOC224 5/22 55 ATTACHM·ENT 1 STATE AND LOCAL GOVERNMENT LEASE-PURCHASE AGREEMENT Lease Payment Schedule
LESSOR: DE LAGE LANDEN PUBLIC FINANCE LLC
LESSEE: City of Los Banos
LEASE NUMBER: 500-50552647
LEASE DATE: _ O_C_T_4 _ ___________ , 20~
Lease Payments are due on each periodic anniversary of the Commencement Date that occurs during the Full Lease Term until all of the payments set forth below have been received by US. The period for each periodic anniversary is MONTHLY , as specified in the Payment Frequency box of this Lease. If the Commencement Date occurs on the 29th, 30th or 31st day of any month, the periodic anniversary will be deemed to occur on the 1st day of the month, commencing on the 1st day of the SECOND succeeding month after the month of such Commencement Date.
Payment Number Rental Payment Interest Portion Principal Portion Balance Purchase Price 21 2,788.59 610.75 2,177.84 96,342.97 99,233.26
22 2,788.59 597.25 2,191.34 94,151.63 96,976.18
23 2,788.59 583.66 2,204.93 91,946.70 94,705.10
24 2,788.59 569.99 2,218.60 89,728.10 92,419.94
25 2,788.59 556.24 2,232.35 87,495.75 90,120.62
26 2,788.59 542.40 2,246.19 85,249.56 87,807.05
27 2,788.59 528.48 2,260.11 82,989.45 85,479.13
28 2,788.59 514.47 2,274.12 80,715.33 83,136.79
29 2,788.59 500.37 2,288.22 78,427.11 80,779.92
30 2,788.59 486.18 2,302.41 76,124.70 78,408.44
31 2,788.59 471.91 2,316.68 73,808.02 76,022.26
32 2,788.59 457.55 2,331.04 71,476.98 73,621.29
33 2,788.59 443.10 2,345.49 69,131.49 71,205.43
34 2,788.59 428.56 2,360.03 66,771.46 68,774.60
35 2,788.59 413.93 2,374.66 64,396.80 66,328.70
36 2,788.59 399.21 2,389.38 62,007.42 63,867.64
37 2,788.59 384.39 2,404.20 59,603.22 61,391.32
38 2,788.59 369.49 2,419.10 57,184.12 58,899.64
39 2,788.59 354.49 2,434.10 54,750.02 56,392.52
40 2,788.59 339.40 2,449.19 52,300.83 53,869.85
41 2,788.59 324.22 2,464.37 49,836.46 51,331.55
42 2,788.59 308.94 2,479.65 47,356.81 48,777.51
43 2,788.59 293.57 2,495.02 44,861.79 46,207.64
44 2,788.59 278.11 2,510.48 42,351.31 43,621.85
45 2,788.59 262.54 2,526.05 39,825.26 41,020.02
46 2,788.59 246.88 2,541.71 37,283.55 38,402.06
47 2,788.59 231.13 2,557.46 34,726.09 35,767.87
48 2,788.59 215.27 2,573.32 32,152.77 33,117.35
49 2,788.59 199.32 2,589.27 29,563.50 30,450.41
50 2,788.59 183.27 2,605.32 26,958.18 27,766.93
51 2,788.59 167.12 2,621.47 24,336.71 25,066.81
52 2,788.59 150.87 2,637.72 21,698.99 22,349.96
53 2,788.59 134.52 2,654.07 19,044.92 19,616.27
54 2,788.59 118.06 2,670.53 16,374.39 16,865.62
55 2,788.59 101.51 2,687.08 13,687.31 14,097.93
56 2,788.59 84.85 2,703.74 10,983.57 11,313.08
57 2,788.59 68.09 2,720.50 8,263.07 8,510.96
58 2,788.59 51.22 2,737.37 5,525.70 5,691.47
59 2,788.59 34.25 2,754.34 2,771.36 2,854.50
60 2,788.59 17.23 2,771.36 0.00 - TOTALS 167,315.40 27,948.44 139,366.96 - ~ N
c.:I
C Lessee Signature: ______ ________________ Date:-------------------~ Print Name: Title: ~ .... Page _2 __ of _2 __ ©2012 Ali Righls Reserved. Printed in the U.S.A. 12PFDOC224 11/12 56 ATTACHMENT 2 STATE AND LOCAL GOVERNMENT LEASE-PURCHASE AGREEMENT
EQUIPMENT DESCRIPTION
LESSOR: DE LAGE LANDEN PUBLIC FINANCE LLC
LESSEE: City of Los Banos
LEASE NUMBER: 500-50552647
LEASE DATE: -=O=CT~ ~-------- 4 ---, 2o_n__
Quantity Description/Serial No./Model No.
3-KONICA MINOLTA C750I
sin __ _
sin __ _
sin __ _
3-KONICA MINOLTA C360I
sin __ _
sin __ _
sin __ _
2- HP E4528FDN
sin __ _
sin __ _
1 KONICA MINOLTA C550I
sin __ _
1- KONICA MINOLATA C450I
sin __ _
1- KIP 740
sin __ _
2- KONICA MINOLTA C550I
sin __ _
sin __ _
copier with attachments
Location
.__ _________________________________________ ___J ~
~
.,...
(.)
LESSEE Signature: ____________________ Date: _______________ ___ g LL. Print Name: ______________________ Title: ______ ___ ________ _ ~ .,... Page _1 __ of _1 __ ©2012 All Rights Reserved. Prlnlea in the U.S.A. 10PFDOC169v210/12 57 THIS PAGE IS INTENTIONALLY LEFT BLANK
58 BILLING INFORMATION
PLEASE COMPLETE THIS FORM ANO RETURN WITH DOCUMENTS
In order for DE LAGE LANDEN PUBLIC FINANCE LLC
complete this form and return it with the signed documents. to properly bill and credit your account, it is necessary that you Billing Name: -----------------------------
11 you would like your invoices emailed to you in place of regular mail, please provide an email address(es) below:
•YOUR INVOICES WILL BE EMAILED FROM [email protected] Subject line will read: Your Lease Direct Invoice is ready to view online! Billing Address: - ---------------------------
Attention: ------------------------------
Telephone Number: __________________________ _
FEDERAL TAX ID#: _____________________ _
Lease/Contract Signer Name: ____________________ Date of Birth _______ (only provide if requested)
SPECIAL INSTRUCTIONS
Do you require a Purchase Order Number on the invoice? If yes, please provide PO# _____________ _ YES ONO Is a new purchase order required for each new fiscal period? YES ONO If yes, provide month/year PO expires __________________________ _ Are you sales tax exempt? If yes, please attach a copy ol exempt certificate or direct pay permit. ONO Do you require any special information to establish a vendor number for __________________ ? YES ONO If yes, please advise: ________________________________________ _ Additional Comments: _________________________ _________________ _ CONTACT INFORMATION ANO QUESTIONNAIRE FOR FORM 8038-G FILINGS (required tor all State and Local Government transactions) Contact Name: ___________________________ _
Title: ---------------------------- ---
Contact Address:
Contact Telephone Number: _________________ _______ _
Email Address: ___________________________ _
Written Tax Compliance Procedures
The IRS Form 8038-G asks specific questions about whether written procedures exist with regard to compliance with the federal tax requirements for tax-exempt obligations.
Please answer the following questions to help us complete the form correctly prior to your signature. Please note that your answers to these questions will not impact the terms or conditions of the subject transaction:
1. Has the Lessee established written procedures designed to monitor compliance with federal tax restrictions for the term of the lease? Among other matters, the written procedures should identify a particular individual within Lessee's organization to monitor compliance with the federal tax requirements related to use of the financed assets and describe actions to be taken in the event failure to comply with federal tax restrictions is contemplated or discovered.
YES D NO O If YES, please attach/provide a copy.
Answer the following question only if proceeds ol the current financing will be funded to an ESCROW Account.
The IRS Form 8038-G asks specific questions about written procedures to monitor the yield on the investment of gross proceeds of tax-exempt obligations and, as necessary, make payments of arbitrage rebate earned to the United States.
2. Has the Lessee established written procedures to monitor the yield on the investment of proceeds of the Lease on deposit in an escrow account or similar fund prior to being spent and to ensure that any positive arbitrage rebate earned is paid to the United States? YES O NO O If YES, please attach/provide a copy.
If you have further questions, please consult your regular bond or legal counsel. ©2020 All Rights Reserved. Printed in the U.S.A. 08PFDOC085v10 2/20 c::,
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59 THIS PAGE IS INTENTIONALLY LEFT BLANK
60 Form 8038-G Information Return for Tax-Exempt Governmental Bonds (Rev. October 2021)
Department of the Treasury
Internal Revenue Service
► Under Internal Revenue Code section 149(e)
► See separate instructions.
Caution: If the issue price is under $100,000, use Form 8038-GC. ► Go to www.irs.gov/F8038G for instructions and the latest informati Reporting Authority
1 Issuer's name
City of Los Banos
3a Name of person (other than issuer) with whom the IRS may communicate about this return (see instructions) xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx 4 Number and street (or P.O. box if mail is not delivered to street address) 520 J ST
6 City, town, or post office, state, and ZIP code
LOS BANOS CA 93635
8 Name of issue
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx 12 13 Transportation .
14 Public safety .
15 Environment (including sewage bonds)
16 Housing
17 Utilities
18 Other. Describe►
19a If bonds are TANs or~~~ .0E~~~~~~~oooooo~ ~~~~ -:---;O::; 23 24
25 26
b If bonds are BANS, ► □
lss
Pro
Pro
nds are in the f ► D
Description
artV .
rt V .
24 25
26 27
28 rom line 23 and enter amount here)
e this part only for refunding bonds.
aturity of the tax-exempt bonds to be refunded .
urity of the taxable bonds to be refunded .
efun d tax-exempt bonds will be called (MM/DD/YYYY)
were issued ► (MM/DD/YYYY)
►
►
►
0MB No. 1545-0047
(e)Yield
29 30
XX)0000000O0< years
XXXXXXXXXXXX years
61 Form 8038-G (Rev. 10-2021) Page2
Miscellaneous
35 Enter the amount of the state volume cap allocated to the issue under section 141 (b)(5) xxxxxxxxxx xx 36a Enter the amount of gross proceeds invested or to be invested in a guaranteed investment c (GIC). See instructions . . . . . . . . .
b Enter the final maturity date of the GIC ► (MM/DD/YYYY) XXXXXXXXXXXXXX C
37 Enter the name of the GIC provider► xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx Pooled financings: Enter the amount of the proceeds of this issue that are to be use to other governmental units . . . . . . . . . . .
38a
b
If this issue is a loan made from the proceeds of another true-exempt issue, check box► D Enter the date of the master pool bond► (MM/DD/YYYY) XXXXXXXXXX XXXXXX c Enter the EIN of the issuer of the master pool bond► ----=XXX -=-=-=x-=x-=x-=x-=x...;.;..;;c,c-- -"'<--- - - ---"'<-- d Enter the name of the issuer of the master pool bond ► -~X=X,.,X=X,.., X,p,:.;,,_,,_==.>..C>oC.,_,.,.'->--_____ _ 39 If the issuer has designated the issue under section 265(b)(3){B)(i}{III} all issuer ex 40 If the issuer has elected to pay a penalty in lieu of arbitrage rebate, chec ox 41a
b
If the issuer has identified a hedge, check here► D and enter t llowin • formation:
42 43
44 Name of hedge provider► x x x X
c Type of hedge► XXXXXXXXXXXXXXXXXXXXXXXXX
d Term of hedge ► XXXXXXXXXXXXXXXXXXXXXXX
If the issuer has superintegrated the hedge, check b
If the issuer has established written procedure
according to the requirements under the Code an
45a
If the issuer has established written procedur
If some portion of the proceeds was used
of reimbursement . .
b Enter the date the official intent was a
Signature
and
Consent
Paid
Preparer
Use Only
Under penalties of perjury, I decl
and belief, they are true, correc process this return, to the ► Signature o
Print/Type pre
xxxxxxxxx
8, chec
and enter t ount
xxxxxxxxxxx
xxxxxxxxxxxx
► □
□
► □
atements, and to the best of my knowledge
issuer's return information, as necessary to
xxxxxxxxxxxxxxxxxxxxxxxxxxx
Check O if PTIN
self-employed XXXXXXXXXXX
Firm's EIN ► XXXXXXXXXX
Phone no. XXXXXXXXXXXXX
Form 8038-G (Rev. 10-2021)
102021 All Rights Reserved. Printed in the U.S.A. 08PFDOC085v5 10/21 62 De Lage Landen Public Finance LLC
1111 Old Eagle School Road
Wayne, PA 19087
Ladies and Gentlemen:
ACCEPTANCE CERTIFICATE
Re: State and Local Government Lease Purchase Agreement dated as of _O_C_T_ 4 _______________ , 20~, between
De Lage Landen Public Finance LLC, as Lessor, and City of Los Banos , as Lessee.
In accordance with the State and Local Government Lease Purchase Agreement (the "Agreement"), the undersigned Lessee hereby certifies and represents to, and agrees with Lessor as follows:
1. All of the Equipment (as such term is defined in the Agreement) has been delivered, installed and accepted on the date hereof.
2. Lessee has conducted such inspection and/or testing of the Equipment as it deems necessary and appropriate and hereby acknowledges that it accepts the Equipment for all purposes.
3. Lessee is currently maintaining the insurance coverage required by Section 14 of the Agreement.
4. No event or condition that constitutes, or with notice or lapse of time, or both, would constitute, an Event of Default (as defined in the Agreement) exists at the date hereof.
Lessee
City of Los Banos
..,I! Signature
=ii !!le Print Name
... Title
(SEAL)
Date
©2009 All Righls Reserved. Printed in the U.S.A. 07PFDOC055v1 3/09 > LD
LD
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0 Cl
LL.
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63 THIS PAGE IS INTENTIONALLY LEFT BLANK
64 G T,BS..NJ.rui
A Fl.IX TECHNOLOGY GROUPComparrf @Net New Qcurrent Customer Customer Ship To:
Name City of Los Banos
Address 520 J Street
City Los Banos
State CA Zip 93635
Contact Information
Primary Brent Kuhn
IT
Delivery
Meter
FM Audit
Equipment Ordered
Qty Make
2 KONICA MINOLTA
See Schedule A
Name
Model
C750i
[Z] See Schedule A for Additional Equipment
New Remfg
0 0
0 0
Order Form
Customer Bill To:
Name City of Los Banos
Address 520 J Street
City Los Banos
State CA Zip 93635
Phone Email Address
(209) 827-7000 [email protected]
Preconfig Description
□ (1) City Hall Mail Room (1) City Hall Admin
□
Notes: Sourecewell Contract #030321-KON - New contract includes delivery, networking, training, and return of current equipment back to leasing company Sales Rep: Cynthia Jackson Phone: Email: [email protected] Delivery Details
Date Required:
Delivery Location: C Stairs [j Elevator Requires Certificate of Insurance for Delivery/Training Service: Yes O No 0 Equipment Pick Up: D Trade In C Storage [] Disposal f']0ther ~ Lease Return
Purchase
Price Sales Tax Total Due $ 0.00 PO# @coo Ocredit Card OTerm Oother Lease
Payment Amount$ 2,530.39 (plus tax) Freq.0Mthly QQtrly QOther Term: so Month Buyout: @FMV Q$1 D Email Invoice
Authorization To Release Credit: The undersigned authorizes and instructs any person, consumer reporting agency or banking institution to compile and furnish the above named business, credit granter and/or supplier and/or their respective designee with any information it may have in response to an inquiry from the above name business, credit granter and/or supplier and/or their respective designees. The undersigned further states that all of the above statements are true and complete and are made to the above name business, credit granter and/or supplier and/or their respective designees to obtain a contract. All information is confidential.
Signature Print Name Title Date
Accepted by Caltronics
Signature Print Name Title Date
Customer has read, understands and agrees to the Terms and Conditions as stated. This agreement is non-cancelable. rev.12/13/21
65 Gi;B!i!..,NJ.rui!
11, FLEX TECHNOLOGY GROUP ComP8"1'
Qty 1 !Make KONICA MINOLTA
Ship To Address 333 7th Street
Primary Contact
Qty 1 !Make HP
Ship To Address 333 7th Street
Primary Contact
Qty 1 !Make HP
Ship To Address 1150 w. I Street
Primary Contact
Qty 1 !Make KONICA MINOLTA
Ship To Address 645 7th Street
Primary Contact
Qty 1 !Make KONICA MINOLTA
Ship To Address 645 7th Street
Primary Contact
Qty 1 !Make KONICA MINOLTA
Ship To Address 1015 F Street
Primary Contact
Qty 1 !Make KONICA MINOLTA
Ship To Address 411 Madison Ave
Primary Contact
Qty 1 1Make KIP
Ship To Address 411 Madison Ave
Primary Contact
Qty 1 !Make KONICA MINOLTA
Ship To Address 945 5th St
Primary Contact
Qty 2 !Make KONICA MINOLTA
Ship To Address 945 Sth St
Primary Contact
Authorization/ Acceptance
Customer Authorization
Signature
!Model
!Model
!Model
!Model
!Model
!Model
!Model
!Model
!Model
C360i
Customer Bill To: City of Los Banos
Address 520 J Street
City Los Banos
State CA Zip 93635
Schedule A
I Description Station 1
I City Los Banos
I Phone_ !Email
E45728fdn !Description Station 1 office
I City Los Banos
!Phone I Email
E45728fdn I Description Station 2
ICity Los Banos
I Phone !Email
CSS0i !Description Community Center Lobby
I City Los Ba nos
!Phone !Email
C360i !Description Community Center Office
ICity Los Banos
I Phone !Email
C450i I Description F Street Yard
I City Los Banos
[Phone !Email
C750i !Description Office
jCity Los Banos
I Phone !Email
740 !Description Office
!City Los Banos
I Phone !Email
C360i I Description Police Dept Annex
!City Los Banos
!Phone !Email
!State CA
!State CA
jState CA
!State CA
!State CA
!State CA
!State CA
!State CA
!State CA
!Model CSSOi !Description (1) Police Dispatch (1) Police Records !City Los Banos !State CA
I Phone !Email
!Print Name
1Zip9363S
l
2iP93535
l
2iP93635
l
2iP93535
l
2iP93535
l
2iP93535
jZiP93635
IZip93535
l
2iP93635
1Zip93635
rev.12/13/21
66 GaaN~
A R.Ec:TECHNOLOGY GROUP Company
Customer Bill To: City of Los Banos
Address 520 J Street
City Los Banos
State CA Zip 93635
Schedule B Lease Returns/ Equipment Pick-Up
17' Lease Return D Trade In D Storage [J Disposal !Lease Company TLease # Make KONICA MINOLTA !Model C658 Iserlal Number
Address 520 J Street !City Los Banos Jstate CA
Primary Contact !Phone !Email
Lease Return Trade In Storage Disposal !Lease Company TLease # Make Konica Minolta !Model C658 !Serial Number
Address 520 J Street 'City Los Banos !State CA
Primary Contact I Phone !Email
IZ Lease Return C Trade In 0 Storage [: Disposal !Lease Company !Lease# Make KONICA MINOLTA JModel 368 !Serial Number
Address 333 7th St !City Los Banos Tstate CA
Primary Contact !Phone !Email
Ill Lease Return n Trade In I Storage ' Disposal !Lease Company !Lease# Make KONICA MINOLTA JModel C368 Iserial Number
Address 645 7th Street !City Los Banos !State CA
Primary Contact !Phone !Email
17: Lease Return rJ Trade In [7 Storage r Disposal !Lease Company fLease # Make KONICA MINOLTA JModel C368 !Serial Number
Address 645 7th Street !City Los Banos !State CA
Primary Contact !Phone fEmail
[l; Lease Return 0 Trade In D Storage L Disposal I Lease Company TLease# Make KONICA MINOLTA !Model C36S !Serial Number
Address 1015 F St. !City Los Banos Tstate CA
Primary Contact !Phone !Email
[li Lease Return r; Trade In ~ Storage [l Disposal !Lease Company !Lease# Make Konica Minolta !Model c36g !Serial Number
Address 411 Madison Ave I City Los Banos Tstate CA
Primary Contact !Phone !Email
17. Lease Return D Trade In Q Storage [l Disposal !Lease Company !Lease# Make KIP !Model 860 !Serial Number
Address 411 Madison Ave !City Los Banos Jstate CA
Primary Contact !Phone !Email
Authorization/ Acceptance
Customer Authorization
Signature
l
2iP93635
'Zip
IZip93635
IZip93635
jZiP 93635
IziP93535
IZiP93535
IZiP93535
rev.12/13/21
67 G~2.,NJrui!
~ A..EXTECHNOLOGY GROUP Company
Customer Bill To:
Address
City
State Zip
Schedule B Lease Returns/ Equipment Pick-Up -
Q3: Lease Return D Trade In D Storage [7 Disposal I Lease Company JLease# Make Konica Minolta jModel C308 !Serial Number
Address 945 5th St IcIty Los Banos !State
Primary Contact !Phone !Email
~ Lease Return D Trade In [7 Storage C Disposal !Lease Company f Lease# Make Konica Minolta !Model C558 !Serial Number
Address 945 5th St !city Los Banos jstate
Primary Contact !Phone jEmail
~ Lease Return D Trade In D Storage n Disposal !Lease Company TLease # Make Konica Minolta TModel 558 !Serial Number
Address 945 5th St lcitv Los Banos !State
Primary Contact !Phone !Email
D Lease Return [' Trade In D Storage C Disposal !Lease Company !Lease# Make !Model Iserlal Number
Address IcIty !State
Primary Contact !Phone !Email
[7 Lease Return [1 Trade In ri Storage L' Disposal !Lease Company !Lease# Make !Model !Serial Number
Address !City jstate
Primary Contact !Phone !Email
[7 Lease Return [7 Trade In 0 Storage D Disposal !Lease Company JLease # Make !Model !Serial Number
Address jCity !State
Primary Contact !Phone jEmail
[1 Lease Return [i Trade In [; Storage [1 Disposal !Lease Company !Lease# Make !Model !Serial Number
Address !City Tstate
Primary Contact !Phone !Email
[7 Lease Return D Trade In [1 Storage 0 Disposal !Lease Company !Lease# Make !Model !Serial Number
Address jClty !State
Primary Contact !Phone !Email
Authorization/ Acceptance
Customer Authorization
Signature I Title
!Zip
!Zip
!Zip
!Zip
!Zip
!Zip
IZip
!Zip
rev.12/13/21
68 G-r;B5!.,N~
A Fl.EK TECHNOLOGY GROUP Company
' Prestige Managed Print Services Agreement
Installed Location:
Name City oflos Banos
Address 520 J Street
City Los Banos
State CA Zip 93635
Customer Bill To:
Name City of Los Banos
Address 520 J Street
City Los Banos
State CA Zip 93635
Primary Contact Meter Contact
Name: l Brent Kuhn
Phone: ! (209) 827-7000
Email: I [email protected]
Name:
Phone:
Email:
Start Date: L...-___ _.I to I ..... ___ ____. Billing Cycle Base Allowance ID#
OQuarterly @Monthly 0Annual
Billing Cycle Usage
QQuarterly (!)Monthly 0Annual
Per Copy Rate Contracted Usage
Model Serial Number Color B/W Color
C750i $.0439 $.0059 0
C750i $.0439 $.0059 0
C360i $.051 $.0077 0
E4528fdn $.095 $.02 0
E4528fdn $.095 $.02 0
C550i $.0459 $.0071 o
C360i $.051 $.0077 o
C450i $.05 $.0073 o
C750i $.0439 $.0059 o
C550i .0459 .0071 o
C360i $.051 $.0077 0
Caltronics Guarantee ► This agreement assures that the equipment will be serviced by factory trained field technicians and includes all service, parts and supplies. ► Parts and Supplies - Caltronics uses only OEM and top quality supplies to service and supply your system.
► Free Loaner - Caltronics will provide a free loaner of equal or greater capability in the event that it cannot be repaired onsite. ► Call Ahead Program - A technician will call you within two business hours of receiving your service request. If the issue cannot be resolved by phone, you will be given an estimated time of arrival.
Pricing does not include paper, staples, applicable taxes and freight charges. 8/W
0 0
0 0
0 o
o
o
o
0 0
Base
Charge
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
Power requirements may include a dedicated line and receptacle as described on the Site Requirements Form.
Authorization / Acceptance
Customer Authorization
Signature !Print Name rtfe !Date
Accepted by Caltronics
iSignature jPrint Name [Title !Date
rev.12/13/21
69 THIS PAGE IS INTENTIONALLY LEFT BLANK
70 ~_g,_N.!!?Jj
A R.BCTECHNOLOGY Gll0U"Companv
Customer Bill To: City of Los Banos
Address 520 J Street
City Los Banos
State CA Zip 93635
Prestige Terms and Conditions
1. Description: This managed service contract will cover all unscheduled repairs upon request by customer during the hours of 8:00 AM to 5:00 PM., Monday thru Friday, on the equipment listed herein. Service outside of Caltronics normal working hours shall be provided on an "if available" basis and customer shall pay Caltronics it's "after hours rate" then in effect.
2. Commencement: This is an annual contract, billed monthly, quarterly or annually in advance. The contract will commence upon delivery to customer. This contract qualifies for automatic renewal after 12 months from the contract start date, unless written notification of intent to cancel is received 30 days prior to the renewal date. See section 9 for cancellation details.
3. Charges: The minimum monthly payment and all other sums are due and payable to Caltronics. In return for payment, customer is entitled to produce copies and prints up to the allowance listed on the contract. Any copies or prints produced in excess of the allowance will be billed at the rate listed on the contract. The minimum monthly payment and excess copy rates are subject to an automatic annual increase. Supplies will be allocated based on manufacturer's specified yields. We reserve the right to charge customers for excess supply usage. Loaner machines will be charged at the customer's current per copy rate. Per copy charges based on single sided sheet of paper up to 8 1/2 x 14. Per copy/print charges for all Wide Format devices are based on a per square foot measurement on single sided sheet of paper.
4. The sales tax included on your contract invoice corresponds to the use of tangible personal property which includes toner usage.
Customer agrees to pay sales tax as required by the California Department of Fee and Tax Administration. s. Meters: Customer is responsible for providing Caltronics a meter reading on all equipment under contract on the billing date. If customer fails to provide an accurate meter reading, customer agrees to accept estimated meters based on service history for billing purposes. Caltronics may enable machines to automatically report meters and machine related information to better service our customers. It is the responsibility of the customer to ensure that the correct settings and/or defaults are set in the machine, print driver or applications when it relates to color copies/prints. Customers will be responsible for copies/prints produced based solely on the color (if applicable) and b/w meter readings as indicated by the machine.
6. Relocation: It is strongly recommended that our personnel prepare equipment prior to a move and reinstall equipment immediately following a move. Labor will be charged at our current hourly rates. If relocation is effected by the customer, Caltronics reserves the right to examine the machine at the new site. If repairs are required Caltronics will submit a quote for the repairs. If charges are approved by the customer, Service Contract will resume at the new site (after repairs). If not accepted by the customer, the Service Contract will be canceled effective immediately with not further obligation to either party.
7. Assignment: This agreement is non-transferable, non-assignable, non-refundable, and becomes void upon sale or transfer of the equipment. Caltronics may apply any unused portion of maintenance charges towards future purchases with Caltronics at its sole discretion.
8. Breach or Default: Caltronics may withhold service or terminate this agreement if the Customer fails to comply with any of the items and conditions of this agreement, or acquires a past due balance for services rendered and/or products sold of more than 30 days from date of invoice. Customer agrees to pay reasonable attorney fees and legal expenses incurred in exercising any of its rights and remedies upon breach of agreement. Caltronics reserves the right to terminate this agreement if the machine becomes obsolete and parts and/or supplies become unavailable. Service by anyone other than Caltronics, or use of parts or supplies from anyone other than Caltronics will void this agreement.
9. Cancellation: In the event of cancellation by the customer prior to the expiration date, Caltronics will bill and customer will be obligated to pay early termination charges equaling at least 50% of the remaining contract term based on the average dollar amount of the last 6 months of billing.
10.ltems not included: A)Freight charges on toner B) relocation of equipment, C) coverage for non-OEM peripherals, D) 3rd party "compliance" firms hired by customer, E) damage caused by misuse or neglect, theft, vandalism, environmental conditions beyond manufacturers recommendation, power related issues, fire, water. Caltronics will not be responsible for direct, incidental, or consequential damages, including but not limited to damages arising out of the use of or performance of software, equipment, or any economic loss. Free loaner program does not apply to wide format products.
11.lssues caused by customers computer hardware/software, including applications, are not covered under this agreement. Any changes, modifications, or upgrades to customers network, including applications and operating systems necessitating a call from a technician are not covered by this agreement and will be billed at our current hourly rate.
12. The terms of this agreement may not be altered or amended unless authorized in writing by an officer of Caltronics. All other agreements or commitments for service and supplies are rendered invalid with the approval of this agreement. This agreement shall be governed by the laws of the state of California.
Authorization/ Acceptance
Customer Authorization
Signature r rint Name lntle IDate
Accepted by Caltronics Business Systems
Signature r rint Name ITitle ' Date
rev.12/13/21
71 THIS PAGE IS INTENTIONALLY LEFT BLANK
72 G !:!.!il.t'.!£§!
A FLEXTEOfNOLOGY GllDUPCcmPft/1V
....-.. Wide Format Maintenance Agreement
Installed Location:
Name City of Los Banos
Address 411 Madison Ave
State CA Zip 93635
City Los Banos
Primary Contact
Name:
Phone:
Email:
Start Date to
Customer Bill To:
Name City of Los Banos
Address 520 J Street
State CA Zip 93635
Meter Contact
Name:
Phone:
Email:
Billing Cycle
X Monthly Quarterly Annual
City Los Banos
Rates per square foot. Meter type depends on make/model.
ID#
Remarks:
Model Serial# I BW included I !color included I lsw Ratel KIP 860 2500 sq Fl o sq fl $0.047
Caltronics Guarantee
► This agreement assures that the equipment will be serviced by factory trained field technicians and includes all service, parts and supplies. ► Parts and Supplies - Caltronics uses only OEM and top quality supplies to service and supply your system.
!color Ratel
$0.069
► Call Ahead Program - A technician will call you within two business hours of receiving your service request. If the issue cannot be resolved by phone, you will be given an estimated time of arrival.
Monthly
Base
$117.50
Power requirements may include a dedicated line and receptacle as described on the Site Requirements Form.
Customer Authorization
Signature Print Name Title Date
Accepted by Caltronics Business Systems
Signature Print Name Title Date
73 THIS PAGE IS INTENTIONALLY LEFT BLANK
74 G RE.t-1.!.'i'.!!
.a. FLEK TEOINOLOCY CROUP Compony
Customer Bill To:
City of Los Banos
520 J Street
Los Banos CA 93635
Wide Format Maintenance Agreement - Terms and Conditions 1) Description: This managed service contract will cover all unscheduled repairs upon request by customer during the hours of 8:00 AM to 5:00 PM ., Monday thru Friday, on the equipment listed herein. Service outside of Caltronics normal working hours shall be provided on an "if available" basis and customer shall pay Caltronics it's "after hours rate" then in effect. 2) Commencement: This is an annual contract, billed monthly, quarterly or annually in advance. The contract will commence upon delivery to customer. This contract qualifies for automatic renewal after 12 months from the contract start date, unless written notification of intent to cancel is received 30 days prior to the renewal date. See section 9 for cancellation details. 3) Charges: The minimum monthly payment and all other sums are due and payable to Caltronics. In return for payment, customer is entitled to produce copies and prints up to the allowance listed on the contract. Any copies or prints produced in excess of the allowance will be billed at the rate listed on the contract. The minimum monthly payment and excess copy rates are subject to an automatic increase every 12 months. Supplies and parts will be allocated based on manufacturer's specified yields. Caltronics reserves the right to charge customers for excess supply and/or parts usage. Loaner machines will be charged at the customer's current rate. Per copy charges based on a per square foot measurement on a single sided sheet of paper. 4) The sales tax included on your contract invoice corresponds to the use of tangible personal property which includes toner/ink usage. Customer agrees to pay sales tax as required by the State Board of Equalization. 5) Meters: Customer is responsible for providing Caltronics a meter reading on all equipment under contract on the billing date. If customer fails to provide an accurate meter reading, customer agrees to accept estimated meters based on service history for billing purposes. Caltronics may enable machines to automatically report meters and machine related information to better service our customers. It is the responsibility of the customer to ensure that the correct settings and/or defaults are set in the machine, print driver or applications when it relates to color copies/prints. Customers will be responsible for copies/prints produced based solely on the color (if applicable) and b/w meter readings as indicated by the machine. 6) Relocation: It is strongly recommended that our personnel prepare equipment prior to a move and reinstall equipment immediately following a move. Labor will be charged at our current hourly rates. If relocation is effected by the customer, Caltronics reserves the right to examine the machine at the new site. If repairs are required Caltronics will submit a quote for the repairs. If charges are approved by the customer, Service Contract will resume at the new site (after repairs). If not accepted by the customer, the Service Contract will be canceled effective immediately with not further obligation to either party. 7) Assignment: This agreement is non-transferable, non-assignable, non-refundable, and becomes void upon sale or transfer of the equipment. Caltronics may apply any unused portion of maintenance charges towards future purchases with Caltronics at its sole discretion.
8) Breach or Default: Caltronics may withhold service or terminate this agreement if the Customer fails to comply with any of the items and conditions of this agreement, or acquires a past due balance for services rendered and/or products sold of more than 30 days from date of invoice. Customer agrees to pay reasonable attorney fees and legal expenses incurred in exercising any of its rights and remedies upon breach of agreement. Caltronics reserves the right to terminate this agreement if the machine becomes obsolete and parts and/or supplies become unavailable. Service by anyone other than Caltronics, or use of parts or supplies from anyone other than Caltronics will void this agreement.
9} Cancellation: In the event of cancellation by the customer prior to the expiration date, Caltronics will bill and customer will be obligated to pay early termination charges equaling at least 50% of the remaining contract term based on the average dollar amount of the last 6 months of billing.
10} Items not included: A)Freight charges on supplies, B) relocation of equipment, C) coverage for non-OEM peripherals, D) 3rd party "compliance" firms hired by customer, E) damage caused by misuse or neglect, theft, vandalism, environmental conditions beyond manufacturers recommendation, power related issues, fire, water, F) paper, staples, print heads, toner/ink. Caltronics will not be responsible for direct, incidental, or consequential damages, including but not limited to, damages arising out of the use of or performance of software, equipment, or any economic loss. 11) Issues caused by customers computer hardware/software, including applications, are not covered under this agreement.
Any changes, modifications, or upgrades to customers network, including applications and operating systems necessitating a call from a technician are not covered by this agreement and will be billed at our current hourly rate. 12) The terms of this agreement may not be altered or amended unless authorized in writing by an officer of Caltronics. All other agreements or commitments for service and supplies are rendered invalid with the approval of this agreement. This agreement shall be governed by the laws of the state of California.
Authorization / Acceptance
Customer Authorization
Signature Print Name Title Date
Accepted by Caltronics Business Systems
Signature Print Name Title Date
75 THIS PAGE IS INTENTIONALLY LEFT BLANK
76 GB.Q.N~
A FI.S(TECHNOLOGY GROUP Company
Customer Bill To: City of Los Banos
Address 520 J Street
City Los Banos
State CA Zip 93635 - - - --- -
Lease Return/Storage Agreement
Lease Return: Caltronics agrees to return the copier(s) listed below to the location designated by the owner of the equipment. Caltronics agrees to pay the associated shipping costs. Caltronics agrees to satisfy the remaining payments on the lease in an amount not to exceed that which is listed below under the Maximum Payment Amount .
Storage: Caltronics Business Systems agrees to store the copier(s) listed below until they are scheduled for return to the designated lease company. The customer is responsible for maintaining appropriate insurance on the copier(s) until returned to the lease company.
Lease
Expiration
Date
Maximum Total
Payment Months
Make Model Serial Number Accessories Amount Stored
10/12/2022 SEE SCHEDULE B $ 0.00
Caltronics assumes no liability for the condition of the returned machine(s) and will not pay any charges associated with the repair or replacement of broken, damaged or missing parts. Caltronics assumes no liability for the overall condition of the returned equipment. Caltronics' only obligation is to return the equipment "as is" to the owner and make the remaining payments as specified above.
It is the customer's responsibility to provide Caltronics with the return shipping instructions from their lease company. The customer will be responsible for any extra payments required due to lack of shipping instructions. Should the actual Total Months Stored exceed those indicated above, additional storage fees may apply.
Primary Contact:
Name Brent Kuhn Phone {209) 827-7000 Email [email protected] Authorization/ Acceptance
Customer Authorization
Signature r rint Name r itle I Date
Accepted by Caltronics Business Systems
Signature r rint Name r itle IDate
0 rev.12/13/21
77 THIS PAGE IS INTENTIONALLY LEFT BLANK
78 ADDENDUM NO. 1
CALTRONICS BUSINESS SYSTEMS SERVICE AGREEMENTS (CONTRACTOR) CITY OF LOS BANOS {CITY)
1. Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City.
A. Certificates o( lnsurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by the City Attorney prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City Attorney.
D. Coverage Requirements.
1. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non-renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non-payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City.
ii. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit.
79 111. Automobile Liability Coverage. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence.
E. Endorsements. Each general liability and automobile liability insurance policy shall either include or be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Contractor.
ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to City. Any insurance maintained by City, including any self-insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder.
111. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers.
v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended, voided, or canceled, by either party except after thirty (30) calendar days (10 calendar days written notice of nonpayment of premium) written notice has been received by City.
Date: 2023 ------~
Date: _____ ~ 2023
CALTRONICS BUSINESS SYSTEMS
by:
CITY OF LOS BANOS, a California
municipal corporation
by:
80 TO:
FROM:
DATE:
LOsBanos
At Lite Crossroads of California
Agenda Staff Report
Mayor and City Council Members .
Joe Heim, Interim Parks and Recreation DireP
October 18, 2023
TYPE OF REPORT: Consent Agenda
SUBJECT: Rejection of Bids for construction of the Shaunessy Village Park Project Recommendation:
That the City Council adopts the Resolution rejecting the bids for the construction of the Shaunessy Village Park project.
Background:
The 2023-2024 adopted City budget included the construction of the Shaunessy Village Park project. The City initiated an Invitation for Sealed Bids to construct the Shaunessy Village Park project on August 11, 2023. The submitted bids were publicly opened on September 8, 2023.
Discussion:
Public Works received four bid proposals. Per City of Los Banos Municipal Code Section 3-16.070 Public Projects- Rejection of formal bids, "City Council may reject any and all bids presented if the Public Works Director, prior to rejecting all bids, furnishes a written notice to an apparent low bidder, informing the bidder of the City's intention to rejected the bid at least two (2) business days prior to the hearing at which the City Council intends to reject the bid."
Following a Bid Protest process, the two apparent low bids were found to have irregularities and the remaining two bids were higher than the available funding for the project. Due to this, Staff is recommending City Council to reject all bids.
Staff recommends to re-advertise for bids for the construction of the Shaunessy Village Park project. Staff intends to complete the project by Spring 2024 with an award for construction in Fall 2023.
81 Fiscal Impact:
The cost of advertising the Invitation for Sealed Bids for the construction of Shaunessy Village Park project was $233.06 and budgeted from the Shaunessy Village Park Fund, in the line item, 261-454-220-717. Sufficient funds are available for a future bid process. The project has a total budget available of $1,093,642.00.
Attachments:
Resolution
Bid Opening Sheet
Public Notice
Conceptual Design
82 RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS REJECTING THE BIDS
FOR THE CONSTRUCTION OF THE
SHAUNESSY VILLAGE PARK PROJECT
WHEREAS, the City Council of the City of Los Banos received four sealed bids for the construction of the Shaunessy Village Park project; and WHEREAS, the Sealed Bids for the construction of the Shaunessy Village Park project were officially opened on September 8, 2023; and WHEREAS, the City Council has the right to reject any or all bid proposals.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby rejected all bids received for the construction of the Shaunessy Village Park project.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 18th day of October 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
83 THIS PAGE IS INTENTIONALLY LEFT BLANK
84 LOs Banos
Al the ( 10ssroads of Lalifornia
BID OPENING
CONSTRUCTION OF SHAU NESSY VILLAGE PARK
September 81 2023 - 2:00 p.m.
1. Ronnys, Inc. $ 819,209.00
2. Joe's Landscaping & Concrete, Inc. $ 1,463,090.00
3. Stockbridge General Contracting, Inc. $1,195,977.74
4. Harris Development Corp. dba HBC Enterprises $ 1,031,361.30 Signed: ~\.O Dated: September 8, 2023
Sara Blevins, CMC
Assistant City Clerk/HR Analyst
Saran Orozco
Engineering Tectm~
85 THIS PAGE IS INTENTIONALLY LEFT BLANK
86 Advertisement for Bids
CITY OF LOS BANOS
520 J Street
Los Banos, California 93635
Notice is hereby given that separate sealed bids for the award of contract for the Construction of Shaunessy Village Park will be received by the City of Los Banos at the office of the City Clerk until 2:00 p.m. Pacific Standard Time, September 8, 2023 and then at said office publicly opened and read aloud.
The major work consists of but is not limited to: demolition and site preparation; paving and hardscape; playground area with drain sump; installation of playground area surfacing; site furnishing installation (including playground equipment, drinking fountain, benches, etc.); landscape and irrigation improvements; and other site work.
The time for completion:
• Final project acceptance (Including the maintenance period) by May 31, 2024 The Contract Documents, in their entirety, can be viewed and/or obtained from the City of Los Banos website at www.losbanos.org or at the following locations:
Central California Builders Exchange (www.cencalbx.com) Builders Exchange of Stockton (www.besonline.com)
Valley Builders Exchange, Inc. (www.valleybx.com)
Builders Exchange of Santa Clara County (www.bxscco.com) Dodge Data & Analytics (www.construction.com/plans/)
A payment bond prepared and executed in accordance with California Civil Code Section 9550 and a bond for faithful performance of the contract will be required of the successful bidder who is awarded the contract.
The successful bidder must comply with the latest general prevailing rate of per diem wages as determined by the Director of Industrial Relations, State of California, Department of Industrial Relations and is to be paid to the various craftsmen and laborers required to construct said improvements and is made a part of the specifications and contract for said work to which reference is hereby made for further particulars.
No contractor or subcontractor may be listed on a bid proposal or awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.
This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor registration information can be found at:
http://www.dir.ca.gov/Public-Works/PublicWorks.html
Each bid shall be accompanied by cashier's or certified check or by a bidder's bond, made payable to the City of Los Banos and executed by a corporate surety licensed to issue surety bonds in the State of California, for an amount equal to at least ten percent (10%) of the amount of said bid and no bid shall be considered unless such cashier's or certified check or bidder's 87 bond is enclosed therewith.
The successful bidder of this project shall have the following current and active California State Contractor's License at the time of the submission of the bid and throughout the duration of the contract: Class C-27.
Prospective bidders are required to attend a mandatory pre-bid meeting on August 18, 2023.
Bids will not be considered from bidders who were not physically in attendance at the mandatory pre-bid meeting.
Bidders shall refer to the Contract Document's Information for Bidders for complete instructions.
Bidders are solely responsible for the cost of preparing their bids.
The City specifically reserves the right, in its sole discretion, to reject any or all bids, to re-bid, or to waive inconsequential defects, in bidding not involving time, or quality of the work. The City may reject any and all bids and waive any minor irregularities in the bids. 88 SHAU NESSY
VILLAGE PARK
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90 LOsBanos
At the Crossroads o.f Cal(f ornia
Agenda Staff Report
TO: Mayor & City Council Members
City Manager
FROM: Paul Tualla, Fire Chief
DATE: October 18, 2023
SUBJECT: Authorize City Manager to issue a purchase agreement for a refurbished aerial (ladder truck) through Brindlee Mountain Fire Apparatus and amend the FY 2023-2024 Budget in account 243-422-100-755 in the amount of $29,800
TYPE OF REPORT: Consent Agenda
Recommendation:
Staff recommends that the City Council adopt a resolution to allow City Manager to execute a purchase agreement with Brindlee Mountain Fire Apparatus to purchase a replacement ladder truck and retire our aging 32-year-old ladder truck.
Background:
Our current ladder truck, 1991 Emergency One Inc. (E-One) 75' Stratospear Ladder truck has been in service since 1991. Over the years, it has been an essential part of our firefighting fleet, responding to numerous emergencies and ensuring the safety of our citizens. However, as it has aged, maintenance costs have increased significantly, over $40,000.00 in costs in the last two years, and the truck is no longer compliant with modern safety and environmental standards.
91 Discussion:
During Fiscal Year 2023-2024 partial funding was placed into the Fire Department budget for replacement of Ladder truck as we were going to seek grant funding or other source of funding to purchase the truck. An Assistance to Firefighters grant was Authored in 2022 and was not selected for funding.
We spoke with various fire apparatus manufactures and began to obtain quotes for ladder trucks. We had some considerations for the new ladder truck such as increased safety, Emissions, compartment space and aerial height.
Through this process, we discovered new apparatus costs between $1,800,000.00 to $2,100,000.00. In addition, the build times were between 3 to 4 years for the buildup time. Due to the extended build time and costs, we also considered a used late model ladder truck.
Careful considerations were made as we researched later model year ladder trucks that were used. Many of these late year trucks were listed and put on hold immediately due to the inability to access a new one for purchase. We looked at some of the used inventory and located one particular 2014 Kovatch Mobile Equipment (KME) 109' Quint Ladder truck located in Alabama.
The ladder truck meets the requirements we were considering for our department. A detailed inspection of the truck was conducted in late August 2023. Additional follow up with the ladder truck's former agency was conducted in Mid-September 2023. Talks with Brindlee Mountain Fire Apparatus on costs and repairs of several items were conducted. Additional research was also conducted in regards to California emissions requirements, Department of Transportation (DOT) requirements, taxes and transportation of the apparatus.
The benefits of this apparatus included, longer aerial ladder height, more compartment space, newer emission standards, larger tank and pump capacity, and newer safety components such as emergency lighting, safety systems for the apparatus and safety systems for the aerial ladder.
The proposed cost for the truck:
The cost of the ladder truck which includes the painting of the truck, repairs, certification for the pump, certification for the ladder I aerial device, fluid and maintenance of the motor and transmission and a one-year warranty is $695,000. (See attached contract).
Costs for shipping the apparatus on a truck from Alabama to California is $14,800.00. 92 Additional taxes and permits are estimated at $65,000.00.
An additional $55,000.00 will be needed for some modifications and addition of equipment when it arrives in California.
Total estimated costs for this apparatus will be $829,800.
Fiscal Impact:
Funding for this capital item was identified in the Fiscal Year 2023-2024 Fire Department budget. $800,000.00 was allotted for this project with $200,960 coming from committed funds in the General Fund, $50,000 from Measure P funding, and $549,040 from the Fire Capital Improvement fund.
The total cost for the ladder truck is $829,800, therefore a budget amendment is needed in the amount of $29,800 in account 243-422-100-755 to complete the purchase.
In addition, with the recent sale of surplus apparatus, an additional $223,000.00 was collected on the sale of the apparatus in the Fire Capital Improvement Fund 243.
Reviewed by:
Brent Kuhn
Interim Finance Director
Attachments:
Purchase Agreement
Resolution
93 THIS PAGE IS INTENTIONALLY LEFT BLANK
94 BRINDLE£ MOUNTAIN
FIRE APPARATUS
Sales Agreement
Brindlee Mountain Fire Apparatus (Seller) hereby agrees to sell one 2014 KME 109' Aerial (Apparatus) to the City of Los Banos, CA (Buyer) for the sum of $695,000.00 (Six Hundred Ninety Five Thousand Dollars and no cents).
Apparatus: 2014 KME 109' Aerial, Stock #17046, VIN: 1K9AF6484EN058605 Buyer Info: City of Los Banos, 520 J St., Los Banos, CA 93635 Seller Info: Brindlee Mountain Fire Apparatus, 15410 Highway 231, Union Grove, AL 35175 Terms and Conditions of Sale:
(1) Services Included: Seller will complete all items listed on the attached Addendum. (2) Warranty: Apparatus will have a one (1) year warranty beginning with date of pick up. Warranty will cover any single component repair due to catastrophic failure in which the cost exceeds $3,000.00 (Three Thousand Dollars and no cents) unless repairs are due to operator error, equipment misuse, or substandard maintenance. Apparatus must be maintained to manufacturer's recommended standards or warranty is voided. Total warranty costs paid by Seller to Buyer in the one (1) year warranty period shall not exceed $12,000.00 (Twelve Thousand dollars and no cents). Apparatus components are engine, transmission, pump, aerial device, electrical system, axles, and body structure.
(3) Payment and Title: Buyer will submit a 25% down payment of the sales price at the execution of this sales agreement. Buyer will make payment in full to Seller prior to the release of Apparatus for pick up or delivery. Seller will provide title free of lien to Buyer following receipt of payment. (4) FOB Seller, Freight Collect: Buyer assumes the responsibility of the Apparatus upon pick up by carrier or other designated representative. Buyer is responsible for all freight charges. (5) Jurisdiction: This contract shall be governed by, construed, and enforced in accordance with the laws of Alabama. The undersigned by execution and delivery of this Agreement do hereby submit to the exclusive jurisdiction and venue of the state and federal courts of Mars.hall County, Alabama.
This agreement is valid for execution by October 11, 2023. e * --,.
Sales Representative
Brindlee Mountain Fire Apparatus
10/4/2023
Date
Authorized Representative
City of Los Banos, CA
Date
Revised: 02/24/2022
95 THIS PAGE IS INTENTIONALLY LEFT BLANK
96 BRINDLE£ MOUNTAIN
FIRE APPARATUS
Addendum to October 11, 2023 Sales Agreement
Addendum for the contract between Brindlee Mountain Fire Apparatus (Seller) and the City of Los Banos, CA (Buyer). This addendum names the specific items to be completed on the Apparatus (Stock #17046) by the Seller.
1. Apparatus fire body will be repainted to Buyer's specifications
2. Apparatus will pass a new 3rd party aerial cert
3. Apparatus will pass a new pump test to include a vac test
4. Apparatus will receive a full service of all fluids and filters
5. All blue emergency lights will be changed to red emergency lights
6. A Buyer provided radio will be installed
7. An undercoating process will be performed to eliminate the rust on the undercarriage
8. The rust on the ladder compartment will be removed and treated
9. The problem causing the fast idle to act intermittently will be repaired
10. The problem causing the air horn to be inop will be repaired
11. The problem causing the check engine light to be on will be repaired
12. The problem causing the traction control light to be on will be repaired
13. The leak on the waterway will be repaired
14. The monitor controls on the pedestal and the tip of the aerial will be in good working condition
15. The damage done to the tip of the aerial by heat exposure will be repaired
16. The windshield will be replaced
17. The aerial will be cleaned and serviced and all welds will be inspected
18. The bent pedestal cover will be replaced
19. The hand held outrigger controller will be replaced with two fixed outrigger controllers on the left and right rear of the Apparatus
20. The officer's side pump panel door will be repaired
21. The rust on the outriggers will be removed and treated
22. The exhaust pipe will be raised if it is possible to do so
23. The a/c in the cab will be in good working condition
24. The tank fill valve will be rebuilt
25. The drain valves will be rebuilt as needed
26. The handle for the tank to pump valve will be reconfigured so that the valve is opened by pushing the handle in
27. The generator will be serviced and in good working condition
28. The bent outrigger bolts will be replaced
29. Ladder signs will be installed on the aerial
Revised: 02/24/2022
97 THIS PAGE IS INTENTIONALLY LEFT BLANK
98 RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LOS BANOS AUTHORIZING THE CITY MANAGER TO
EXECUTE A PURCHASE AGREEMENT FOR A
REFURBISHED AERIAL (LADDER) TRUCK AND
ADOPTING A REVISED BUDGET FOR THE 2023-2024
FISCAL YEAR AS IT PERTAINS TO EXPENDITURES
WHEREAS, the City Council of the City of Los Banos has been presented an agreement to purchase a 2014 Kovatch Mobile Equipment (KME) 109' ladder truck from Brindlee Mountain Fire Apparatus; and
WHEREAS, after a detailed inspection, the ladder truck meets the requirements of the City of Los Banos Fire Department; and
WHEREAS, the City Council of the City of Los Banos may adjust the overall appropriation levels in each fund at any time during the Fiscal Year by action to amend the budget; and WHEREAS, the proposed budget increase is $29,800 in expenditures for the purchase of the ladder truck out of the Capital Improvement Fund account (243-422-100-755).
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby authorize the City Manager to execute a purchase agreement with Brindlee Mountain Fire Apparatus and approve the budget amendment to the fiscal year 2023-2024 budget by increasing appropriations in account 243-422-100-755 in the amount of $29,800.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 18th day of October, 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
99 THIS PAGE IS INTENTIONALLY LEFT BLANK
100
TO:
FROM:
DATE:
LOsBanos
1c Cn,. Tuad r_ :alifot nia
Agenda Staff Report
Mayor and City Council Members 0s
Jose Lemus, P.E., Interim Public Works Directo~~er
October 18, 2023
.TYPE OF REPORT: Consent Agenda
SUBJECT: Authorize the City Manager to a issue purchase order for new mobile generator purchase through the cooperative procurement contract with Sourcewell and Amending the Fiscal Year 2023-2024 budget by increasing the appropriation amount in the Waste Water Collection Fund in the amount of $58,125.31
Recommendation:
That the City Council adopts the Resolution to:
• Satisfy the requirements of City Code Sec. 3-10.290 by allowing the City to participate in Sourcewell contract bid procedures, and authorizing the City Manager to execute a purchase order for purchase of a new mobile generator. • Amend the Fiscal Year 2023-24 Budget by increasing appropriation amount in the Waste Water Collection fund 502-432-100-753 (Specialized Equipment) in the amount of $58,125.31 .
Background:
The San Joaquin Valley Air Pollution Control District (SJVAPCD) has notified the Public Works Department that per our current Portable Equipment Registration, our 99 BHP John Deere Model 4045TF270E Electrical Generator is out of compliance, and is no longer allowed to be operated beyond January 1, 2023. This mobile generator is currently used as back up electricity for storm pump station~ and sewer lift stations.
Having a mobile generator to respond to power outages at storm pump stations, and sewer lift stations is vital to the Public Works Department, as this prevents a stop in services, and allows the units to perform as required in order to prevent overflow situations, when power is down, and in emergency situations which additional power is needed.
101
The continued use of the curren~ generator would result in costly fines from SJVAPCD.
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 award~d 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:
Staff is recommending City Council to amend the Fiscal Year 2023-24 Budget by increasing appropriation amount in the Waste Water Collection Fund 502-432-100-753. (Specialized Equipment) in the amount of $58,125.31. The current mobile generator would then be placed for public auction, and sold to someone with less strict pollution regulation.
Attachments:
Resolution
Sourcewell Quote
Brent Kuhn
Interim Finance Director
SJVAPCD Portable Equipment Registration
102
RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS AUTHORIZING THE CITY
MANAGER TO ISSUE A PURCHASE ORDER
FOR THE PURCHASE OF A NEW MOBILE
GENERATOR THROUGH THE COOPERATIVE
PROCUREMENT CONTRACT WITH
SOURCEWELL AND ADOPTING A REVISED
BUDGET FOR THE FISCAL YEAR 2023-24 AS IT
PERTAINS TO THE WASTE WATER
COLLECTION FUND IN THE AMOUNT OF
$58,125.31
WHEREAS, the City of Los Banos has the responsibility to procure, manage, and maintain the City's fleet and equipment; and
WHEREAS, in an effort to mitigate pollution and air quality, the San Joaquin Valley Air Pollution Control District has deemed that our current mobile generator (John Deere Model 4045TF270E) can no longer operate past January 1, 2023, which requires the Public Works Department to purchase a new mobile generator; 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, 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
103
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 proposed amendment to the Fiscal Year 2023-2024 would increase expenditures by $58,125.31 in the Waste Water Collection Fund (502-432- 100-753) Specialized Equipment, for the purchase of a new mobile generator.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos authorize the City Manager to issue purchase orders for the purchase of a new generator 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 18th day of October 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
104
I ··-----wl11-----I
EN ERGY SYSTEM S
POWER SYSTEMS
Date: September 7, 2023
Revised October 2, 2023 -Added Sales Tax
To: Dan Bronson
City of Los Ba nos
1015 F Street
Los Banos CA 93635
Sourcewell Member ID# 60888
Sourcewell Contract 020923-GNR
[email protected]
Reference: End User/ Sourcewell Pricing
Energy Systems is pleased to offer the following proposal:
Scope of Supply:
GENERAC@
INDUSTRIAL
ITEM A - Quantity 1- Generac® Mobile diesel engine-driven generator set MDG7SDF4, consisting of the following features and accessories:
• Trailered Unit
• 75KVA Rating, 60Hz
• 3-Position Voltage Selector Switch
o 277 /480VAC Three Phase
o 120/208VAC Three Phase
o 120/240VAC Single Phase
• Prime Duty Rating
• CSA
• Variable Speed Cooling Fan
• Standard Run Single Wall Tank
• Single Axle
• Surge Brakes
• 2 in. Ball Hitch Adjustable
• Trailer Adapter, Flat 4 to Round 7 Spade
• 3-Position Phase Selector Switch
• MDG75DF4
Pricing:
MDG75DF4 Generator Pricing ................................................................. .
Freight Pricing ......................................................................................... . $ 48,575.00
$ 3,300.00
105
Start Up & Testing & Training .................................................................. .
Sales Tax Estimate at 8.75% ...................................................................... .
TOTAL PROJECT PRICING INCLUDING SALES TAX ............................................ .
Shipping:
$ 2,000.00
$ 4,250.31
$ 58,125.31
Estimated lead time from factory (subject to change), excluding transit: 23-25 Weeks ARO Scope Clarifications and Exceptions:
• Engineer of record is responsible for verifying correct generator size and capabilities. • Engineer of record is responsible for verifying equipment meets all local codes including sound and emissions. Generator specifications have been provided with this proposal for customer review and verification.
• All permits assumed by installing contractor but can be offered upon request at additional cost. • Estimated Submittal Lead time:-S-7 business days.
• No equipment will be ordered without written release to proceed - price changes issued by the manufacturer after quotation validity and prior to release will be passed along to the customer. • Pricing includes freight to site. Offloading and placement by others. • If transfer switch needs to be shipped separately, additional freight charges will apply. • Pricing for adders purchased separately from equipment will be assessed at time of purchase. • Installation, fueling and termination of connections not included. • Installation and mounting of exhaust not included.
• The Energy Systems provided start-up checklist and supporting pictures must be received by Supplier two weeks prior to technician scheduling. All fueling, and connections must be terminated prior to technician arrival.
• All industrial products require a formal start up by a Generac factory certified technician. • Pricing is based on work being completed during regular business hours. • Load bank (if included) is resistive load.
• Training to be completed same day as start up. Additional charges will apply if a separate trip is required. • Enclosure color is Generac Industrial grey. Custom colors can be quoted separately. • Not included unless otherwise noted: equipment offloading, installation, fuel, permits, signage, taxes, exhaust system backpressure test, exhaust emissions test, infrared scanning, NETA testing, harmonic testing, concrete pad, anchoring, fuel pipe, exhaust pipe, pipe insulation, Building communication integration, license fees, sound testing.
Terms and Conditions:
1. Offer Validity: 30 days.
2. Payment terms:
a. Customers with credit: 10% deposit due at time of order, balance invoiced at shipment with NET 30.
106
b. Customers without credit: 25% deposit due at time of order, 70% due prior at shipment readiness, 5% due at start-up.
3. Credit is subject to approval by Energy Systems upon receipt of business credit application.
4. lncoterms: ExWorks factory with freight allowed to the jobsite, on a truck, curbside.
5. Manufacturer lead time to be confirmed upon approved release for production letter and receipt of a West Coast Energy Systems approved purchase order.
6. Equipment cannot be held by Energy Systems or its suppliers without prior written agreement.
7. Any sale of goods or services, and any extension of credit, is governed by and subject to West Coast Energy Systems' Terms and Conditions of Sales and Service (''Terms") located at https://energysystems.com/terms-and-conditions-of-sale-and-service/ which is incorporated by reference. The Terms are subject to change at any time and you are advised to frequently re-review the Terms. Unless pursuant to a written agreement mutually executed by both parties, the Terms shall be binding upon the parties, and any other terms, communications or documents are to be disregarded and hereby expressly rejected.
Sincerely,
Vivian Hoang
Sales
West Coast Energy Systems
209-479-4927
[email protected]
Acceptance of Quote
Purchase orders for equipment or services on this quotation indicates acceptance of the conditions of sale listed above.
Please return a signed copy of this quote as acknowledgement of receipt.
Print Name
Sign Name Date
Customer Signature
107
Page4 of4
108
MDG75DF4 I 4.5 L I 75 kV
MOBILE DIESEL GENERATOR SET
EPA Emissions Certification: Tier 4 Final
Standby Power RaHng
68 kW, 85 WA, 60 Hz
Prime Power RaUng
60 kW, 75 kVA, 60 Hz
Codes and Standards
Generac Mobile products are designed to Ille following standards:
®·
~
•
@ G
CSA CERTIFIED
NATM
TIER 4 FINAL EMISSIONS
UN31 A, UL142, ULC-5601
CERTIFIED
GENERAc· 1 M oa1Le
maoe-, 1ur llbsllll!On pllJIOSeS OO¥
Power When and Where You Need It
Generac Mobile diesel generators are designed and
engineered to power a variety of projects, in the most
extreme environments. Gensets are configured to
meet customer needs, including choice of
containment, cold weather packages, trailer options,
and more.
Generac Mobile diesel generators are manufactured to
deliver reliable power, when and where you need it.
I
109
MDG75DF4 I 4.5 L I 75 VA
MOBILE DIESEL GENERATOR SET
GENERAC' I MOBILE
EPA Emissions Certification: Tier 4 F!nal
STANDARD FEATURES
ENGINE SYSTEM
• John Deere® 4045HFG04
• 4 Cylinder
• Turbocharged & Aftercooled
• 275 m3 (4.5 L) Displacement
• EPA Tier 4 Final
• Power @ 1,800 rpm - hp (kW):
• Plilne: 97 (73)
• Standby: 107 (80)
• Paper Element Air Alter
• Electronic Isochronous Governing
• Variable Speed Fan
• One Spin-on Cartridge OU Alter
• Oil Drain Extension
• One CCV System Filter
• One FueWlaler Separator-Aller
• One Fuel Aller
• One 12 V,720 CCA Wet Cell Batteiy
COOLING SYSTEM
• Capable of operallng at 107° F (41 .7• C) Ambient
• 50/50 Coolant (50% Ethylene Glycol)
• Coolant Drain Exllmsion
FUEL SYSTEM
• Single wart Fuell anll
• Fuel 1ank capacity- gal (L):
• Tolal: 165 (825)
• Usable: 146 (552)
• Maxlm.tm RIil Tine @ 75% Load: 39 hr
CONTROL SYSTEM
~
.. Q
9 ►
-
-
-
- I&
0 G) ~
• c;
Deep Sea Electronics® CONTROLLER AND
DISPLAY
• Model OSE7310 MKII
• 4 Lile Back Lit LCD Text Display
• -40 to 158 "f (-40 to 70 °C) Operating Temperatura
Range
• Multiple Language Options
• Confl1J1rable llmers and Alarms
• Conli1J,1rable SlarVStop Timers
• DEF Tank Capacity - gal (L):
• Total: 12 (45.4)
• Usable: 9.1 {34.4)
• Padlockable Fuel and DEF Tank Caps
CONTROL SYSTEM
• Deep Sea Electroricse 7310 MKII Controller
• 3.Posillon Voltage Selection Swlch
• 300 A Main Circuit Breaker (MCB), Manual
• lndivilllal Convenience Receptacle Circuit Break8fS
• Emergency Stop Switch
• Remote 2-wire Sta,VStop Contact!
ALTERNATOR SYSTEM
• 60 Hz Engi~rive Alternator
• Standam Alll!mator
• Brushless
• 4-pole
• 2/3 Pitch
• Class H Insulation
• Corrosion Protection
• Marathon Elecbic® PM600 AVR
• Shunt Excitstlon System
POWER DISTRIBUTION
• Connecllon Lugs
• Convenience Receptacles
• Two 120 V, 20 A, GFCE Duplex Receptacles
(NEMA 5-20R)
• Three 120/240 V, 50 A, 3 Pole, 4 Wire Twistlock Receptacles (CS6369) • Configurable Maintenance Alarms
• Heated Display
PUSH BUTTONS FOR EASY OPERATION
• Manual or Auto Start
• Engine stlrt
• Engine Stop/Reset
• User Friendly Setup alld Button Layout
• Five Key Menu Navigation
• Hours Counter
• Multiple Parameters are Monitored and DJsplayed
Simultaneously for FuD VlsibHy
• View Controller Parameters (Configurallon,
Firmware Version, Connections)
LCD ALARM INDICATION
• Generator Diagnostic Display
• System kVA Output Display
• Line Output and Fraquem:y Display
• Alarm Types: Warning, Sllrtdown, Bectrical Trip,
Engine
• Alarm List- Warnings/Shutdowns: 250 Event
History Log - Date/Time Stamped • Fuel Level: Warning -15%; Shutdown -5%
ENCLOSURE
• Aluminum, Sound Attenuated Enclosure, Insulated
and Baffled
• IN and Fade Resistant, High Temperature Cured,
White Polyester Powder Paint
• Cenbal Lifting Pomt
• Fully Lockable Enclosur&
• MuJti-llngual Operating and Safety Decals
• Document Holder with O!Mler's Manual - Includes
AC and OC Wiring Diagrams
TRAILER
• Hyaau!lc SUrge Brakes
• 3 In (76.2 mm) Pint!e Ring, Adjustable
• Single 6,000 lb (2,722 kg) Axle
• 15 in. lires, Tubeless, 10 ply
• Heavy Duty Trailer Jack
• Safety Chains with Spring Loaded Safely Hooks
• Transportation ne Downs
• Plug Adapter, Round 7 Blade (SAE J2863)
• DOT Approved Tail, Side, Brake, and Olrectlonal
Lights
WARRANTY
• 2 Year Limited or 2,000 Ho111s
• Unllmiled Hours Covered In First Year
• Overspeed Protection: Shutdown -110'K.
• Engine Diagnostic Warnings Communicated
Through J1939 CANbus
• Battery Votlage: OVer-15 voe; Under -11
voe • Generator Over Voltage: Warning - 110'11,;
Bectrical Trip-115%
• Generator Under Voltage: Warning - 90%;
Shutdown - 851
• Generator Over Frequency: Warning- 105%;
8ec1rical Trip - 110%
• Generator Uncler Frequency: Warning - 95%;
Bectrn:al Trip - 00%
• Auto Schedule
• status
ELECTRICAi.. CONTROLS
• Lockable control box door wtth diagnostics window
• Lockable lug box With safety switch
• Tr~s main breaker when door is opened
• Disables voltage regulator
• Output ground connection lug inside lug box
• Volageadjustment ±10%
I
110
MDG75DF4 I 4.5 L I 75 kVA
MOBILE DIESEL GENERATOR SET
GENERAc· 1 Maa1Le
-- • Emissions Certification: Tier 4 final
CONFIGURABLE OPTIONS*
ENGINE SYSTEM
o Positive Air Shulllown (PAS}, Beclronlc
o OIi Evacuation System - requires customer•
sourced, specialized e(Jlipment to use for oil
change
COLD WEATHER
o Engine Block Heater -included wtth &election of any
other cw heater option
o Two Fuel Riter Healers
o Oil Heater
o Crankcase Vantilatiln (CIN) System Heater
o Battery Heater
o 10 A Batlely Charger
o 60/40 Coolant (BO'lli Ethylene Glycol)
FUEL SYSTEM
o containment Pan -for use With standard single wall
fuel lank
• 110% Containment - engi111 fluid (oH, coolant.
& DEF} and fuel
o Double Wall Fuel Tank
• 110% Contmment • engine fluid (oH, coolan~
& DEF) and fuel
• UN31A Ce/liflcation
• UL 142/ULC-8601 Certiflcalion
RATING DEFINffiONS
o Fuel Tank Capacity - gal {L)
• Total: 128 (485)
• Usable: 120 (454}
o Runtime @ 75% load: 32 hr
o Engine Ruid & Fuel Leak Dell!clion Sensor - option
avaftable ont, With selection of double wall fuel tank
option
CONTROL SYSTEM
o 4-Poslion Voltage Sele&tioo Switch
o Paraffellng Capability
• Deep Sea Electronics® 861 O MIOI Controller
• 300 A Main Circuit Breaker (MCB), Motorized
• Mobile Switching Center (MSC) Cable Connections
o Telemetry
o Lojack Equipment Recovery System
o Batteiy Disconnect Swltctl
ALTERNATOR SYSTEM
o SUPERSTAR-re Alternator
o VR.EX (600V) Alternator
o Marathon Electric® DVR2400 DVR
o Pennanent Magnet Generator (PMG) Excitation
System
Standby: Applies ID varyitg emergency load for the duration of a utility power outage.
Prime: Applies to supplyng power to a va,ying load In lieu of utility for an unllmlted amount of running time. *Consult factory for avallabiffty.
I
-. ' ~
t I
•
POWER DISTRIBUTION
o Gamlocks • one set, female (US or Canada color
code)
o Buck Transformer
ENCLOSURE
0 Control Panel Lights
O Interior lights
o Are Extinguisher
TRAILER
o Skid Mount (Non-trailer)
o Elecllic Brakes
o Tandem Axle
o 2-5/16 in. (58.7 mm) Ball Hitch, Adjustable
o 2 in. (50.8 mm) Ball Hiteh, Adjustable
o Rear Stabilizer Jacks
o ToolboxAIIJITlinum, 49 x 15x 1B.5 it. (125 x 38x
47cm)
o SpareTire
GENEM!;'.
I
111
MDG75DF4 I 4.5 L I 75 V
MOBILE DIESEL GENERATOR SET
EPA Emissions Certification: Tier 4 Final
APPLICATION AND ENGINEERING DATA
ENGINE SPECIFICATIONS
General
Make (Model)
EPA Emissions Compliance
After Traatment System
Cylinders - Qty
Type
Displacement- in3 (L}
Bore - in (cm)
Stroke - in {cm)
Compression Ratio
Intake Air Method
Engine Governing
Governor
Frequency Regulation (Steady State)
Lubrication System
Oil Pump Type
Oil Filter Type
Crankcase Capacity-qt (L)
John Deere {404SHFG04)
Tier4 Finar
DOC and SCA
4 In-Line
275 (4.5)
4.2 (10.6)
5.0 (12.7)
17:1
Turbocharged & Aftereooled
Electronic
2%
Gear
Spin-On Cartridge
15.9 (15)
STANDARD ALlERNATOR SPECIFICATIONS
Make (Model) Marathon Electric (361PSL1647)
Poles -Qty 4
Field Type Rotating
Insulation Class - Rotor H
Insulation Class - Stator H
Total Hannonic Distortion <3.5%
Telephone Interference Factor <60
SUPERSTART ALlERNATOR SPECIFICATIONS
Make (Model) Marathon Electric (362PSL 1650)
Poles -Qty 4
Field Type Rotating
Insulation Class - Rotor H
Insulation Class - stator H
Total Harmonic Distortion <3.5%
Telephone Interference Factor <50
GENERAc· I Maa1Le
Cooling System
Cooling System Type
Water Pump Type
Fan Type
Fan Speed - rpm
Fan Diameter - in (cm)
Cooling System Capacity- qt (L)
Fuel System
Fuel Type
Fuel Specifications
Fuel Filtering - µ
Fuel Inject Pump - Make (Model)
Fuel Pump Type
Injector Type
Engine Type
Fuel Supply line Diameter - in (mm)
Fuel Return Line Diameter - in (mm)
Engine Electrical System
System Voltage- VDC
Battery Charger Alternator - voe (Al
Battery-CCA
Battery - V (Qty)
Ground Polarity
Standard Excitation
Bearings
Coupling
Prototype Short Circuit Test
Voltage Regulator Type
Quantity of Sensed Phases
Regulatton Accuracy (Steady Stale)
Standard Excitation
Bearings
Coupling
Prototype Short Circuit Test
Voltage Regulator Type
Quantity of Sensed Phases
Regulation Accuracy (Steady State)
Radiator and CAC
Engine Belt Driven
Pusher
Variable Speed Clutch
23.2 (59.0)
22 (20.8)
Ultra Low Sulfur Diesel
EN590 / ASTM 0975
Primary: 10
Secondaiy: 2
Denso (HP3)
Engine Gear Driven
Electronic
Direct Injection High Pressure Common Rail
0.375 (9.5)
0.375 (9.5)
12 12 (90)
720
12 (1)
Negative(·)
Shunt
Single Sealing
Direct Aexible Disc
Yes
AVR
:t0.5%
Shunt
Single Bearing
Direct Flexible Disc
Yes
AVR
:t0.5%
I
112
MDG75DF4 I 4.5 L I 75
MOBILE DIESEL GENERATOR SET
EPA Emissions Certification: Tier 4 Final
A GENERAc,· 1 Maa1Le
APPLICATION AND ENGINEERING DATA (CONTINUED)
VFLEX ALTERNATOR SPECIFICATIONS
Make (Model) Marathon Elechic (361 PSL36113) Standard Excitation Shunt Poles -Qty 4 Bearings Sit11Jle Bearing
Field Type Rotating Coupling Direct Aexible Disc
Insulation Class - Ra1Dr H Prototype Short Circuit Test Yes Insulation Class - stator H Voltage Regulator Type AVR
Total Harmonic Dislnrtion <3.5% Quantity of Sensed Phases Telephone lnterterence Factor Regulation Accuracy (SteadY State) ±0.5%
OPERATING DATA
POWER RATINGS
Standard Alternator SUPERSTART Alternator VFLEX Alternator Standby: Prime: Standby: Prime: Standby: Prime:
kW/WA{A) kW/kVA(A) 'rJN/WA (A) kW/kVA{A) kW/kVA (A) kW/kVA (A) 1-phase, 120/240 VAC@ 1.0 pf•zig zag* 55/55 (229) 55/55 (229) 55/55 (229) 55;'55 (229) 29/28 (121) 29/29 (121) 3-pt.ase, 208/120 VAC @ 0.8 pf·IOW wye 68/85 (236) 60/75 (208) 68/85 (236) 60/75 (208) 60/75 (208) 52/65 (180) 3•phase, 240/120 VAC@ 0.8 pklella** 68/85 (204) 6tl/75 (180) 68/85 (204) 60/75 (180) 60/75 (160} 52/65 (156) 31)hase, 480/277 VAC @ 0.8 pf-hlgll wye 68/85 (102) 60/75 (90) 68/85 (102) 00/75 (90) 68/85 (102) 60/75 (97) 3-phase, 600/346 VAC @ 0.8 pf-high wye NIA N/A N!A N/A 68/85 (81) 60/75 (75) •AJterna;or Umited.
"*Power ratings achieved through use of optional 4-position voltage selection switch.
RIEL AND DEf CONSUMPIION RATES
Prime Load Fuel; gph {l./hr) DEF: gph (1./hr)
25% 1.7 (6.4) 0.05 (0.19)
50% 2.6 (9.8) 0.10 (0.38)
75% 3.7 (14.0) 0.16 (0.61)
100% 4.9 {18.5) 0.21 (0.79)
11 0% (Standby) 5.1 (19.3) 0.22 (0.83)
Deration - Operational characteristics consider maidmum ambient cond'lllons. Oerate factors may apply under atypical sle conditions.
Please conlaet a Generac Mobile Aulhorized Service Dealer for additional details. All pet1ormance ratings In accordance with IS03046, 8S5514, 1508528, IS08665, SAE J1228, SAE J1995, and DIN6271 standards.
I
113
MDG75DF4 I 4.5 L I 75 kVA
MOBILE DIESEL GENERATOR SET
EPA Emissions Certification: Tier 4 Final
DIMENSIONS AND WEIGHTS*
-
Runtime: hr* Usable Fuel Capacity: gal (L)
Skid 39 146 (552)
Trailer 39 146 (552)
• Runtime based on 75% prime rated power.
SOUND RATING
• 74 d8(A)@23 fl (7 m)@ 100'J/, prime rated power
* AU measurements are approximate and for estimation purposes only.
YOUR FACTORY RECOGNIZED GENERAC MOBILE DEALER
GENERAc· 1 M ·aa1Le
0 .. .,.'-.~ . ' . .. .
. . ~ II . ·-·1' . .. . . . :
0 O 0
( . J . ,,
- --- -----1(01--- - - ---· I
Olmenslons-LxWxH: in {m) Weight: ib (kg)
119 (3.02)x40 (1.02)x62 (1.57) Dr;: 3,630 (1.740)
Operating: 4,790 (2,170)
170 (4.31)x69 (1.75)x80 {2.03) Ory: 4,530 (2055}
Operating: 5,490 (2,490)
Specllealioo cha.iaclllllstics mav Cllange 'MtlllUI nottce. llltlenslons and v.-elglds 1111 far prclmna,y puiposes only. Please eonsin a Generac Moble Authorillld s«v1c1 Dealer far~ lnslll!a!lon lhW!ngs.
Generac Power Systems, Inc. I 545 W29290 Hwy. 59 I Waukesha, WI 53189 P: 844-ASK-GNRC (844-275-4672) ©2022 Generac Power Systems Inc. All rights reserved. All specifications are subject to change without notice.
Pait No. A0000393910
Rev. B 09/22/2022
I
114
■ San Joaquin Valley
AIR POLLUTION CONTROL DISTRICT HEALTHY AI 1
R LIVING'"
PORTABLE EQUIPMENT
REGISTRATION
REGISTRATION NO: P-6989-2-0 EXPIRATION DATE: 10/17/2022 LEGAL OWNER OR OPERATOR: CllY OF LOS BANOS
MAILING ADDRESS: 411 MADISON AVE
LOS BANOS, CA 93635
PRIMARY STORAGE LOCATION: 411 MADISON AVE
LOS BANOS, CA 93635
EQUIPMENT DESCRIPTION:
99 BHP JOHN DEERE MODEL 4045TF270E (S/N PE4045T661269) TIER 2 CERTIFIED DIESEL-FIRED IC ENGINE EQUIPPED WITH A TURBOCHARGER, POWERING AN ELECTRICAL GENERATOR (230 GEN)
CONDITIONS
I. This engine 1!12ly not operate beyond January I, 2023. Therefore the owner must remove this engine by December 31, 2022. [17 CCR 93116)
2. This engine shall only operate using diesel fuel which meets the specifications in the California Airborne Toxic Control Measw-e for Diesel Particulate Matter. [District Rule 2280]
3. This engine shall be equipped with a functioning turbocharger at all times. [District Rule 2280]
4. Records of daily hours of operation in conjunction with location and quantity of diesel fuel used for this engine shall be maintained and submitted to the District within 30 days after the end of every calendar quarter. [District Rule 2280]
5. The engine shall meet the applicable diesel particulate matter standards in the California Aitbome Toxic Control Measure for Diesel Particulate Matter. [District Rule 2280]
6. This engine shall be equipped with an operational non-resettable elapsed time meter or other APCO approved alternative. [District Rule 2280)
7. No air contaminant shall be released into the a1mosphere which causes a public nuisance. [District Rule 4102 and District Rule 2280)
8. No air contaminant shall be discharged into the atmosphere for a period or periods aggregating more than 3 minutes in any one hour which is as dark or darker than Ringelmann 1 or equivalent to 20% opacity. [District Rule 4101 and District Rule 2280]
9. Total NOx and VOCs emissions from a project shall not exceed 100 pounds during any one day, for each pollutant. [District Rule 2280)
CONDITIONS CONTINUE ON NEXT PAGE
This Registration remains valid through the Registration expiration date listed above, subject to payment of the annual registration fees and compliance with the registration conditions and all applicable local, stale, and federal regulations. This Registration is valid only within the San Joaquin Valley Unified Air Pollution Control District and the Participating Districts as defined. in District Rule 2280, and becomes void upon transfer of ownership of the equipment.
Any modification of the equipment or operation will require a new Registration.
Samir Sheikh Arnaud Marjollet
Executive Director I APCO Director of Permit Services ~:Dlc1f: 21l2.1 3.~-AGl..b\VOJ Central Regional Office • 1990 E. Gettysburg Ave. • Fresno, CA 93726 • (559) 230-5900 • Fax (559) 230-6061 115
Conditions for P-6989-2-0 (continued) Page 2 of 2
10. Total PMIO emissions from a project shall not exceed 150 pounds during any one day. [District Rule 2280]
11. Testing to verify compliance with applicable requirements shall be conducted at the expense of the registered owner or operator, at the request of the District, and in accordance with the methodology prescribed by the District. [District Rule2280]
12. This registered equipment shall not remain at any location for longer than six consecutive months, and shall comply with all other residence time restrictions specified in District Rule 2280. [District Rule 2280]
13. This registered equipment shall not be used to replace or supplement any ongoing function of, or utility used at, any facility. [District Rule 2280]
14. Except for emergency operations, this unit shall not be operated within 1,000 feet of any K-12 school, unless the public and student notification requirements of the CH&SC Section 42301.6 have been satisfied. [District Rule 4102]
15. The actual emissions from this unit, as verified by the record keeping requirements of District Rule 2280, shall not exceed l 0 tons per year of any affected pollutant when operated in any Participating District. [District Rule 2280]
16. Records of location and date of operation and the type and quantity of fuels consumed shall be maintained. Records of daily hours of operation in conjunction with hourly horsepower may be maintained in lieu of fuel records. [District Rule2280]
17. All records specified in this registration and the recordkeeping requirements of District Rule 2280 shall be submitted to the District within 30 days after the end of each calendar quarter. [District Rule 2280]
18. If this unit remains in a Participating District for more than 24 hours, the operator shall notify that District within 2 calendar days of the nature and estimated duration of operations, and the name and phone number of a contact person. [District Rule 2280]
19. All records shall be maintained and retained on-site for a minimum of five (5) years, and shall be made available for District inspection upon request [District Rule 1070]
116
TO:
FROM:
DATE:
LC>sBanos
At the Crossroads of Califo,.nia
Agenda Staff Report
Mayor and City Council Members ~ )
Joe Heim, Interim Parks and Recreation Directo~
October 18, 2023
TYPE OF REPORT: Consent Agenda
SUBJECT: Authorizing Award of Construction Contract to Ronnys Inc., in the amount of $168,686.00 with a 15% Contingency in the amount of $25,302.00 for Turf Improvements at 7th St. Ballpark and Amending the Fiscal Year 2023-2024 budget by increasing the appropriation amount in the Measure H account in the amount of $100,000.00
Recommendation:
That the City Council adopts the Resolution awarding the Construction Contract to Ronnys Inc. and authorize the City Manager to execute the Construction Contract Agreement in the amount of $168,686.00. Staff is requesting a 15% contingency of $25,302.00. and amend the Fiscal Year 2023-2024 budget by increasing the appropriation amount in the Measure H account (101-451-290-717) in the amount of $100,000.00 to provide a total project budget of $250,000.00.
Background:
7th St. Ballpark is located at 401 7th St. The Ballpark is owned by Merced County and leased to the City of Los Banos on a 25-year lease. The Ballpark is used throughout the year to host sporting activities.
Sports activities include PAL Softball, PAL Flag Football, Jr. Giants Baseball and Parks and Recreation youth Tee-Ball and Coach Pitch.
7th St. Ballpark is approximately 5.92 acres in size and includes four softball diamonds.
Historically the fields have been primarily maintained by PAL and volunteer community members, with the City's landscaper providing mowing and irrigation services. The Ballpark is an aging facility, contains uneven surfaces and the re-leveling of irrigation sprinkler heads.
117
Discussion:
7th St. Ballpark is a heavily used sports complex for the City of Los Banos. The Ballpark has never received significant turf renovations. These Improvements will create safer playing conditions.
The bid opening for the project was held on September 20, 2023. The Public Works Department, through the office of the City Clerk, received fe>ur ( 4) bids from the following contractors:
Ronnys, Inc. Los Banos $168,467.13
Joe's Landscaping & Concrete, Inc. Newman $390,467.13
Nish-Ko Fresno $316,196.00
Westside Landscape & Concrete Newman $333,926.55
Staff reviewed each of the bid proposals for completeness. Ronnys, Inc. has provided the lowest responsive and responsible bid for the project. Staff is recommending Ronnys, Inc. be awarded the contract for the construction of the Turf Improvements at 7th St. Ballpark.
Staff is recommending a contingency of fifteen percent (15%). The administration of this contract, including the 15% contingency, is to be performed by the Public Works Director/City Engineer.
Work includes site preparation, removal of the existing lawn outfield and corresponding infield. Adjustment of existing sprinkler heads, addition of new rotors, minor grading, and soil amendments and the addition of new sod.
City staff is requesting additional funds for infield dirt. Infield dirt will be applied to extend infields on each of the four softball diamonds. Infield sizes are being corrected to standardized dimensions. City staff is also requesting additional funding for construction management services.
Work is anticipated to begin in November 2023 and a completion date of February 2024 is targeted.
Fiscal Impact:
Staff is requesting to amend the Fiscal Year 2023-2024 budget to increase appropriations in the Measure H account, 101-451-290-717, by $100,000.00. The total project budget will be $250,000.00.
Brent Kuhn, Interim Finance Director
Attachments:
Resolution
Bid Opening Sheet
118
Public Notice
Contract Agreement
Site Map
119
THIS PAGE IS INTENTIONALLY LEFT BLANK
120
RESOLUTION NO. __
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS AUTHORIZING THE CITY
MANAGER TO EXECUTE THE CONTRACT WITH
RONNYS INC FOR TURF IMPROVEMENTS AT
7TH ST. BALLPARK IN THE AMOUNT OF
$168,686.00 AND A PROJECT CONTINGENCY
OF $25,302.00 AND AMEND THE FISCAL YEAR
2023-2024 BUDGET BY INCREASING THE
APPROPRIATION AMOUNT IN THE MEASURE H
ACCOUNT 101-451-290-717 IN THE AMOUNT OF
s100,000.oo
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 budget would increase expenditures by $100,000.00 in the Measure H account 101-451-290- 717; and
WHEREAS, the City of Los Banos solicited bids for Turf Improvements at 7th St.
Ballpark, located at 401 7th St.; and
WHEREAS, the Public Works Department has determined, after receiving competitive proposals, that Ronnys Inc. provided the lowest responsive and responsible proposal in the amount of $168,686.00; and
WHEREAS, the proposed construction project includes a 15% contingency in the amount of $25,302.00; and
WHEREAS, the proposed contract has been reviewed by the City Attorney and approved as to form; and
WHEREAS, The Public Works Department requests the City Council authorize the City Manager to execute the contract with Ronnys Inc. for Turf Improvements at 7th St. Ballpark.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby authorize the City Manager to execute the contract with Ronnys Inc. for Turf Improvements at 7th St. Ballpark.
121
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 18th day of October 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
122
LOs Banos
At thr Crossroads of { alijo, nia
BID OPENING
Construction of 7th Street Ballfields Turf/Field Renovations September 20, 2023 - 2:00 p.m.
1. Joe's Landscaping & Concrete, Inc.
2. Ronnys, Inc.
3. Nish-Ko, Inc.
4. Westside Landscape & Concrete
Signed: s.S'.~ _;....-- Sara Blevins, CMC
Assistant City Clerk/HR Analyst
Joe Heim
Interim Parks & Recreation Director
$ 390,467.13
$ 168,148.00
$316,196.00
$ 333,926.55
Dated: September 20, 2023
123
THIS PAGE IS INTENTIONALLY LEFT BLANK
124
Advertisement for Bids
CITY OF LOS BANOS
520 J Street
Los Banos, California 93635
Notice is hereby given that separate sealed bids for the award of contract for the Construction of 7111 Street Ballfields Turf/Field Renovations will be received by the City of Los Banos at the office of the City Clerk until 2:00 p.m. Pacific Standard Time, September 20, 2023 and then at said office publicly opened and read aloud.
The major work consists of demolition/removal of existing lawn outfield and corresponding infield as shown, adjustment of existing sprinkler heads, addition of new rotors, minor grading, soils analysis and corresponding soil amendments, new sod/lawn turf and maintenance period.
The time for completion:
• Final project acceptance (Including the 60-day maintenance period) by February 2, 2024 The Contract Documents, in their entirety, can be viewed and/or obtained from the City of Los Banos website at www.losbanos.org or at the following locations:
Central California Builders Exchange (www.cencalbx.com) Builders Exchange of Stockton (www.besonline.com)
Valley Builders Exchange, Inc. (www.valleybx.com)
Builders Exchange of Santa Clara County (www.bxscco.com) Dodge Data & Analytics (www.construction.com/plans/)
A payment bond prepared and executed in accordance with California Civil Code Section 9550 and a bond for faithful performance of the contract will be required of the successful bidder who is awarded the contract.
The successful bidder must comply with the latest general prevailing rate of per diem wages as determined by the Director of Industrial Relations, State of California, Department of Industrial Relations and is to be paid to the various craftsmen and laborers required to construct said improvements and is made a part of the specifications and contract for said work to which reference is hereby made for further particulars.
No contractor or subcontractor may be listed on a bid proposal or awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.
This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor registration information can be found at:
http://www.dir.ca.gov/Public-Works/PublicWorks.html
Each bid shall be accompanied by cashier's or certified check or by a bidder's bond, made payable to the City of Los Banos and executed by a corporate surety licensed to issue surety bonds in the State of California, for an amount equal to at least ten percent (10%) of the amount of said bid and no bid shall be considered unless such cashier's or certified check or bidder's bond is enclosed therewith.
The successful bidder of this project shall have the following current and active California State 125
Contractor's License at the time of the submission of the bid and throughout the duration of the contract: Class C-27.
Prospective bidders are required to attend a mandatory pre-bid meeting on September 5, 2023.
Bids will not be considered from bidders who were not physically in attendance at the mandatory pre-bid meeting.
Bidders shall refer to the Contract Document's Information for Bidders for complete instructions.
Bidders are solely responsible for the cost of preparing their bids.
The City specifically reserves the right, in its sole discretion, to reject any or all bids, to re-bid, or to waive inconsequential defects, in bidding not involving time, or quality of the work. The City may reject any and all bids and waive any minor irregularities in the bids. 126
Agreement
THIS Agreement is dated as of the ____ day of ___ in the year 20_ by and between the City of Los Banos, a California municipal corporation ("Owner") and Ronnys, Inc. ("Contractor").
Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows:
1. WORK. Contractor shall complete the work indicated in Owner's Contract Documents entitled ""18' Street Ballfield."
The work is generally described as follows: Construction of consists of demolition/removal of existing lawn outfield and corresponding infield as shown, adjustment of existing sprinkler heads, addition of new rotors, minor grading, soils analysis and corresponding soil amendments, new sod/lawn turf and maintenance period.
• Contractor shall furnish all of the material, supplies, tools, equipment, labor and other services necessary for the construction and completion of the work described herein.
2. CONTRACT TIME. Contractor shall commence the work required by the Contract Documents within 1 O calendar days after the date of the Notice to Proceed and will complete the same within the time period set forth in the bid, unless the period for completion is extended otherwise by the Contract Documents.
3. LIQUIDATED DAMAGES. Owner and Contractor recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the work is not completed within the time specified in Paragraph 2 herein, plus any extensions thereof allowed in accordance with Paragraph 21 , Time for Completion and Liquidated Damages, of the General Provisions. The parties also recognize the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by Owner if the work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner Eight Hundred Dollars($ 800.00) for each day that passes after the time specified in Paragraph 2 herein.
4. CONTRACT PRICE. Owner shall pay Contractor for completion of the work in accordance with the Contract Documents in current funds the amount set forth in the Bid Schedule(s). The Contractor agrees to perform all of the work described in the Contract Documents for the unit and lump sum prices set forth in the Bid Schedule(s).
5. PAYMENT PROCEDURES. Contractor shall submit applications for payment in accordance with Paragraph 24, Progress Estimates, of the General Provisions. Applications for payment will be processed by Owner as provided in the General Provisions.
6. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between Owner and Contractor concerning the work consists of this Agreement and the following attachments to this Agreement:
(A) Advertisement for Bids
127
(8) Information for Bidders
(C) Bid
(D) Bid Bond
(E) Agreement
(F) Payment Bond
(G) Performance Bond
(H) Notice of Award
(I) Notice to Proceed
(J) Change Order
(K) General Provisions
(L) Special Provisions
(M) Technical Specifications prepared by O'Dell Engineering entitled "7th Street Ballfield Renovations", dated August, 2023. (N) Drawings prepared by O'Dell Engineering numbered 1 through 9. (0) Addenda
No. 1, dated September 11, 2023
There are no Contract Documents other than those listed in this Paragraph 6. The Contract Documents may only be amended by change order as provided in Paragraph 19, Changes in the Work, of the General Provisions.
7. MISCELLANEOUS.
A. Terms used in this Agreement which are defined in Paragraph 1 of the General Provisions will have the meanings indicated in the General Provisions.
B. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.
C. Owner and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents.
D. The Laws of the State of California shall govern this Agreement. Venue is Merced County. The provisions of this paragraph shall survive expiration or other termination of this Agreement regardless of the cause of such termination.
E. All bids become property of the Owner. All bids, including the accepted bid and any subsequent contract become public records per the requirements of the California Government Code, Sections 6250-6270, "California Public Records Act". Proprietary material must be clearly marked as such. Pricing and service elements of the successful bid are not consider proprietary information. The Owner will treat all information submitted in a bid as available for public inspection once the Owner has selected a contractor. If you 128
believe that you have a legally justifiable basis under the California Public Records Act (Government Section 6250 et. seq.) for protecting the confidentiality of any information contained within your bid, you must identify any such information, together with the legal basis of your claim in your bid. In order for the Owner to assess confidentiality of any such information on your behalf, you must request, execute and submit an Owner-prepared written agreement to defend and indemnify the Owner for any liability, costs, and expenses incurred in asserting such confidentiality as part of your bid. The final determination as to whether the Owner will assert your claim of confidentiality on your behalf shall be sole discretion of the Owner.
F. This Agreement shall not be interpreted in favor of any Party by virtue of said Party not having prepared this Agreement.
G. If any time period provided for in this Agreement ends on the day other than a Business Day, the time period shall be extended to the next Business Day.
IN WITNESS WHEREOF, Owner and Contractor have caused this Agreement to be executed the day and year first above written.
Date
ATTEST:
Lucille L. Mallonee
City Clerk
APPROVED AS TO
FORM:
William A. Vaughn
City Attorney
Date
By:
Title:
By:
----- - --- - ------ Authorized Representative of Owner --------------- - Authorized Representative of
Contractor
129
Title:
(Seal if Corporation) ----------- ----
(Attach Acknowledgement for Authorized Representative of Contractor) 130
7th St. Ballpark
4017th St.
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TO:
FROM:
DATE:
LOsBanos
Agenda Staff Report
Mayor Llanez and Council Members
Brent Kuhn, Interim Finance Director
October 18, 2023
SUBJECT: Development Impact Fee Report for Fiscal Years 2019-2023 (AB1600 Report)
TYPE OF REPORT: Public Hearing
Recommendation:
Staff recommends that the City accept the Development Impact Fee Report (AB1600 Report) for Fiscal Years 2019 through 2023.
Background:
This report contains information regarding the City of Los Banos development impact fees for Fiscal Years 2019 through 2023. This information is presented to comply with the reporting requirements contained in Government Code section 66000 et seq., also known as AB1600. Please note that this annual report is not a budget document, but rather is compiled to meet reporting requirements only. It is not intended to represent a full picture of currently planned projects as it only reports revenues and expenditures for the fiscal years referenced above.
Government Code Section 66006 requires local agencies to submit annual and five-year reports detailing the status of development impact fees. This is the administrative report for development fees for the fiscal year ending June 30, 2019 through 2023. This report includes the development related fees, the interest earned, and the amounts expended in connection with those fees for the City of Los Banos and complies with Section 66006 of the California Government Code.
Discussion:
The fees collected from developers that are in the governmental funds (traffic, storm drain, fire, police, public facilities, community center and park) are collected and reported in separate governmental funds for each type of impact fee. 133
The enterprise funds for Water & Wastewater show the fees collected from developers in a designated account named "restricted cash DIF". It is separate from regular cash and can only be used for capital items related to development.
The City does not earmark development impact fees for any specific project as the fees are collected, but rather the fees are applied toward a series of capital improvement projects. Such projects include but are not limited to:
1. Future Police and Fire facilities
2. Water, Wastewater, and Storm Drain improvements
3. Park and Public facilities
4. Community Center construction and improvements
5. Traffic related projects
6. Other capital facilities
The water, wastewater, storm drain, and traffic funds are established under separate master plans to determine the rate charged to the developers. In fiscal year 2019-2020 a development impact fee justification study dated December 31, 2019 was conducted by David Taussig & Associates Inc. which provided a basis updating the City's development impact fees. Council adopted the revised impact fees on January 15, 2020 and they became effective April 5, 2020. As future development occurs, the updated development impact fees will be due per the justification study dated December 31, 2019.
Fiscal Impact:
This report is informational only and has no fiscal impact. The report includes findings related to the funds held in excess of 5 years and reports revenues, expenditures, and fund balances for fiscal years 2019-2023 for the impact fee funds.
Reviewed by:
Attachments:
Development Impact Fee Report and Letter of Transmittal Public Hearing Notice
Development Impact Fee Justification Study dated December 31, 2019 Resolution 6626
Ordinance 1178
Ordinance 844
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LOsBanos , tlw Crossroads y ,lijo ·,,
DEVELOPMENT IMPACT FEE
ANNUAL REPORT
FISCAL YEARS 2019-2023
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136
Table of Contents
City Council and Elected Officials
Letter of Transmittal
INTRODUCTION
Legal Requirement for Development Impact Fee Reporting
Description and Purpose of Development Impact Fees
FINANCIAL SUMMARY REPORT
Statement of Revenues, Expenditures and Changes in Fund Balance Fire Facilities Development Impact Fee Fund
Police Facilities Impact Fee Fund
Parks & Recreation Facilities Development Impact Fee Fund Water Facilities Development Impact Fee Fund
Sewer Facilities Development Impact Fee Fund
Storm Drain Facilities Development Impact Fee Fund
Traffic Facilities Development Impact Fee Fund
General Government Facilities Development Impact Fee Fund Administration 3% Fee Fund
DEVELOPER IMPACT FEE SCHEDULE
PRIOR FEES SCHEDULE
NOTES TO THE DEVELOPMENT IMPACT FEE REPORT
DEVELOPMENT IMPACT FEE PROJECTS IDENTIFICATION
1 2
3 5
5 9
9 10
11 12
13 14
15 16
17 18
18 19
19 137
LC>sBanos
At tlw CrossnJttcls c~f Cal~fot nu;
City Council and Elected Officials as of October 4, 2023 Paul Llanez
Kenneth Lambert
Deborah Lewis
Brett Jones
Douglas Begonia
Lucy Mallonee
Lucy Lawrence
Executive Team
Josh Pinheiro
Brent Kuhn
Lucy Mallonee
Vacant
Joe Heim
Stacy Souza Elms
PaulTualla
Gary Brizzee
William Vaughn
2 Mayor
Mayor Pro T em
Council Member
Council Member
Council Member
City Clerk
City Treasurer
City Manager
Interim Finance Director
Human Resources Director
Public Works Director
Interim Parks & Recreation Director
Community Development Director
Fire Chief
Chief of Police
City Attorney
138
LOsBanos
: t t Ir Crossroads of California
LETTER OF TRANSMITTAL
October 4, 2023
Dear Mayor and Members of the City Council:
California Government Code requires reporting of the usage of Development Impact Fees. Therefore, in accordance with the provisions of the State of California and Government Code Section 66000 et seq., I hereby submit the Annual AB 1600 Development Impact Fee Report for the City of Los Banos, CA for the fiscal years ended June 30, 2019 through June 30, 2023.
Development Impact Fees are a monetary exaction other than a tax or special assessment, which is charged by a local government agency to an applicant in connection with approval of a development project. The purpose of these fees is to defray all or a portion of the cost of public facilities related to the development project. The legal requirements for implementing a development impact fee program are set forth in Government Code Section 66000 et seq., the majority of which was adopted as Assembly Bill (AB) 1600 and is commonly referred to as AB 1600 requirements.
The Development Impact Fee program has been in effect in the City of Los Banos since 2000 set forth by Ordinance 954.
A comprehensive impact fee nexus study was completed and prepared on June 28, 2006 by Goodwin Consulting Group and complies with California Government Code Section 66000 et seq. This study established the basis for the imposition of the fees on new development impact. The study did the following:
1. Identified the purpose of the fees.
2. Identified the use to which the fees will be put.
3. Showed a reasonable relationship between the use of the fees and the type of development project on which the fees are imposed.
4. Demonstrated a reasonable relationship between the need for the public facilities and the type of development projects on which the fees are imposed.
5. Demonstrated a reasonable relationship between the amount of the fees and the cost of the public facilities or portion of the public facilities attributable to the development on which the fees are imposed.
The development impact fees were updated in the Development Impact Fee Justification Study Dated December 31, 2019 completed by David Taussig & Associates, Inc. The updated impact fees became effective April 5, 2020. 3 139
The fees are collected at the time a building permit is issued unless a developer through a development agreement, is allowed to defer payment until a certificate of occupancy is granted. The purpose of the fees is to mitigate the impact caused by new development on public facilities. They are then used to finance the acquisition, construction, and improvement of public facilities needed as result of the impact of the new development. Separate funds have been created to account for the impact fees.
State law requires the City to prepare and make available to the public an annual report for each fund established to account for the Development Impact Fees. This report must include the beginning and ending balances as well as any changes.
The report must also include the amount of fees collected, interest earned, and expenditures made during the fiscal year.
The City Council must review the annual AB1600 Report at a regularly scheduled public meeting. This report was filed with the City Clerk's office and available for public review on October 18, 2023.
Respectfully Submitted,
Brent Kuhn
Interim Finance Director
4 140
LC>sBanos
INTRODUCTION
LEGAL REQUIREMENTS FOR DEVELOPMENT IMPACT FEE REPORTING A. California Government Code Section 66006 (b)
Government Code Section 66006 (b) defines the specific reporting requirements for local agencies that impose AB 1600 Developer Impact Fee (DIF) on new development. Annually, for each separate fund established for the collection and expenditure of DIFs, the local agency shall, within 180 days after the last day of each fiscal year, make available to the public the information shown below for the most recent fiscal year. • A brief description of the fee.
• The amount of the fee.
• The beginning and ending balance of the account or fund. • The amount of the fees collected, and the interest earned. • An identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees.
• An identification of an approximate date by which the construction of the public improvement will commence, if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement.
• A description of each inter-fund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an inter-fund loan, the date on which the loan will be repaid, and the rate of interest that the account or fund will receive on the loan; and
• The amount of refunds made due to insufficient funds being collected to complete financing on incomplete public improvements, and the amount of reallocation of funds made due to administrative costs of refunding unexpended revenues exceeding the amount to be refunded.
8. California Government Code Section 66001 (d)
For all funds established for the collection and expenditure of DIFs, Government Code Section 66001 (d) has additional requirements. For the fifth fiscal year following the first deposit into the fund and every five years thereafter, the local agency shall make all of the following findings with respect to that portion of the fund remaining unexpended, whether committed or uncommitted:
• Identify the purpose to which the fee is to be put.
• Demonstrate a reasonable relationship between the fee and purpose for which it is charged. • Identify all sources and amounts of funding anticipated to complete financing in incomplete improvements. • Designate the approximate dates on which the funding is expected to be deposited into the appropriate account or fund.
5 141
C. Additional Notes
The State of California Government Code Section 66002 states that local agencies that have developed a fee program may adopt a Capital Improvement Plan (CIP) indicating the approximate location, size and timing of projects, plus an estimate for the cost of all facilities or improvements to be financed by fees . A formal CIP is recommended, at a minimum, as a five-year plan. The City biennially produces a five-year CIP, which helps to maintain and support the City's General Plan. The CIP also includes a 5-year projection of development fee revenue and expenditures. Further, it identifies situations where infrastructure is needed to accommodate the planned development.
The City does not earmark development impact fees for any specific project as the fees are collected, but rather the fees are applied toward a series of capital improvement projects, such as a future police and fire facilities, sewer, water, and storm drain improvements, park and public facilities, community center construction and improvement, traffic related projects, and other capital facilities.
The City's current, adopted 2022-26 Capital Improvement Program can be found on the City's website.
D. Establishing a Reasonable Relationship Between the Fee and the Purpose for Which It Is Charged The reasonable relationship between the development impact fee {DIF) and the purpose for which it is charged for the years preceding April 5, 2020 is demonstrated in the Development Cost and Fee Study done by Goodwin Consulting dated June 28, 2006. The City enacted an additional fee schedule in order to complete improvements for Water, Wastewater, Public Facilities, and Traffic by approving ordinance No.954 dated February 2, 2000.
On January 15, 2020, the City Council adopted an updated DIF, after consideration of the requisite AB 1600 nexus study dated December 31, 2019. The updated DIFs became effective on April 5, 2020, and are applied to new or expanded commercial development, new residential development, and upon uses which intensify the use of existing commercial or residential structures. A new General Government Facilities fee was established in the justification study which incorporated the City Hall, Corporation Yard, Community Center and Public Facilities Impact fees and was established in Ordinance 1178.
The DIF's nexus study sets forth the relationship between contemplated future development, facilities needed to serve future development and the estimated costs for those improvements based on the current General Plan.
Comprehensive updates to the fees are completed on an as-needed basis to ensure the amount continues to reflect the appropriate fee in relation to updated costs.
E. Funding of Infrastructure
In the FY 2022 adopted budget, 5-year Capital Budget section identifies all funding sources and amounts for individual projects through FY 2026. The CIP is updated biennially to reflect the current infrastructure needs of the city. As a CIP project is identified, the project is evaluated to determine the portion of the project that will service existing residents and businesses versus new development.
Once the determination of use is made, the percentage of use attributable to new development is then funded by the appropriate development fee based on the type of project. The percentage of use associated with existing residents or businesses is funded from other appropriate sources as outlined in the CIP. Estimated construction start dates for projects are adjusted, as needed, to reflect the needs of the community.
DESCRIPTION AND PURPOSE OF DEVELOPMENT IMPACT FEES (DIFJ The City collects DIFs to offset and address the impacts of new development on facilities and infrastructure. Currently, there are nine (9) DIF categories: Fire Facilities, Police Facilities, Park Facilities, Water Facilities, Sewer Facilities, Storm Drainage Facilities, Traffic Facilities, General Government Facilities and 3% Administration Fee. While each fee category has its own methodology for determining fees, two main principles apply throughout. The City aims to maintain the existing level of service as the City continues to grow and new development should pay its fair share of the City's infrastructure needs. 6 142
DESCRIPTION AND PURPOSE OF DEVELOPMENT IMPACT FEES (DIF) Continued Fire Facilities DIF - To provide for the expansion, design and construction of Fire facilities as set forth in the nexus study.
The purpose of the fire facilities impact fee is to fund the fire facilities needed to serve new development based on planned facilities referenced in the 2019 development impact fee update and nexus study. This fee will provide funding for the construction and improvement of the fire protection facilities within the City, including any required acquisition of land to serve the needs of new development. Fee study shows equipment as well as facilities.
Police Facilities DIF - To provide for the expansion, design and construction of Police facilities as set forth in the nexus study. The purpose of the police facilities impact fee is to fund the police facilities needed to serve new development. based on planned facilities referenced in the 2019 development impact fee update and nexus study. This fee will provide funding for construction and improvement of the City's law enforcement facilities, including a new police sub-station, a new comprehensive radio system, and acquisition of additional new police vehicles and equipment in order to meet the needs of new development.
Park and Recreation Facilities DIF - To provide for the development of parks to add to the system of park and recreation facilities as specified in the nexus study. The purpose of the Parks and Recreation impact fee is to generate revenue to fund the park and special use facilities necessary to mitigate the impacts of new residential developments on the residents and businesses in the City of Los Banos. Residents of Los Banos use park and special use facilities. The fees advance a legitimate City interest by enabling the City to provide park and recreation facilities to new development based on planned facilities referenced in the 2019 development impact fee update and nexus study. This fee will provide funding for construction and improvement of parks and recreational facilities within the City, including any required acquisition of land to meet the demands generated by the new development.
Water Facilities DIF - To provide design and construction of key elements of the Citywide Water System including but not limited to the expansion of production, storage, transmission, treatment and distribution facilities. The purpose of the fees is to ensure that new development funds its fair share of these costs on future water supplied Citywide, based on planned facilities referenced in the 2019 development impact fee update and nexus study. This fee will provide funding for the construction and implementation of improvements to key elements of the citywide water system sufficient to accommodate future water supply (plus a reserve for storage facilities or additional wells) demand generated by new development.
Sewer Facilities DIF - To provide design and construction of key elements of the Citywide Wastewater System including but not limited to the expansion of collection and treatment capacities and the expansion of non-potable water facilities. The purpose of the fees is to ensure that new development funds its fair share of these costs on future wastewater treatment Citywide, based on planned facilities referenced in the 2019 development impact fee update and nexus study.
Storm Water Drainage Facilities DIF - To provide design and construction of key elements of the Citywide Storm Water System including but not limited to the expansion of production, storage, transmission, treatment and distribution facilities.
The purpose of the fees is to ensure that new development funds its fair share of these costs on future water supplied Citywide, based on planned facilities referenced in the 2019 development impact fee update and nexus study. This fee will provide funding for the construction and implementation of improvements to key elements of the citywide stormwater system sufficient to accommodate future sewer demand generated by new development.
Traffic Facilities DIF - To provide for transportation facilities to accommodate the increase in traffic generated by new development as specified in the nexus study. The purpose of this fee is to ensure that new development funds its fair share of transportation facilities, including roadway segments and intersection improvements. The need for street improvements is based on the trip demand placed on the system by new development, based on planned facilities referenced in the 2019 development impact fee update and nexus study. This fee will provide funding for the construction, management, and implementation of improvements to key elements of the citywide transportation system sufficient to accommodate future traffic demands generated by new development.
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DESCRIPTION AND PURPOSE OF DEVELOPMENT IMPACT FEES (DIF) Continued General Governmental Facilities DIF - The purpose of this fee is to ensure new development as reference in the nexus study will provide funding for capital costs relating to facilities used by the City to provide general governmental services, based on planned facilities referenced in the 2019 development impact fee update and nexus study. This fee will provide funding for capital costs relating to facilities used by the City to provide general governmental services. The Community Center Impact Fee was eliminated and the activity was transferred to the General Government Impact Fund. Prior Years Fund Balance will provide funding for construction, improvement and maintenance of a community center within the City, including any required acquisition of land to meet the demands generated by the new development.
The Corporate Yard Impact Fee fee was eliminated and the activity was transferred to the General Government Impact Fund. Prior years Fund Balance will provide funding for corporate yard facilities within the City in order to meet the demands generated by new development. The City Hall Impact Fee was eliminated and the activity was transferred to the General Government Impact Fund. Prior years Fund Balance will provide funding for capital costs relating to municipal services performed in the existing City Hall in order to meet the demands generated by the new development. The Public Facilities Impact Fee was eliminated and the activity was transferred to the General Government Impact Fund. Prior years Fund Balance will provide funding for the expansion of public facilities that house City staff generated by new development. 3% Administration - This fee will provide funding for municipal services relating to the administration of the impact fee programs and the administrative demands generated by new development, based on planned facilities referenced in the 2019 development impact fee update and nexus study.
FINANCIAL SUMMARY REPORT
Development Impact Fees
Statement of Revenues, Expenditures and Changes in Fund Balance For the Year Ended June 30, 2023
Police Park & Rec Water Sewer
Descrielion Fire Facilities Facilities Facilities Facilities Facilities
REVENUES
Fees $ 107,463 $ 261 ,570 $ 416,027 $ 451,560 $ 565,730 Interest 45,659 26,068 131,069 906,428 564,437
other 31,080 - Total Revenues 153,122 287,638 578,176 1,357,988 1,130,167
EXPENDITURES
Expenditures 595,989 860,365
Total Expenditures 595,989 --- 860,365
REVENUES OVER
(UNDER)
EXPENDITURES 153,122 287,638 (17,813) 1,357,988 269,802 Fund Balance,
Beginning of Year 1,830,566 931 ,970 5,521,439 12,661,778 11 ,871,307 Fund Balance,
Storm
Drainage
Facilities
$ 97,959
10,652
108,611
108,611
364,044
End of Year $1,983,688 $1,219,608 $ 5,503,626 $14,019,766 $12,141 ,109 $472,655 8 Traffic General Govt
Facilities Facilities Administration
$ 306,892 $ 146,860 $ 53,831
239,097 65,781 15,639
545,989 212,641 69,470
236,281 20,481 93,589
236,281 20,481 93,589
309,708 192,160 (24,119)
9,838,527 3,570,211 685,763
$10,148,235 $ 3,762,371 $ 661,644
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FINANCIAL SUMMARY REPORT, Continued
Fire Facilities Impact Fee Fund
Statement of Revenues, Expenditures and Changes in Fund Balance Last Five Fiscal Years
Description FY2018/19 FY 2019/20 FY2020/21
REVENUES
Fees $ 205,044 $ 221,686 $ 454,623
Interest 29,390 26,654 1,443
Other
Total Revenues 234,434 248,340 456,066
EXPENDITURES
Expenditures 10,000 649,439
Total Expenditures 10,000 649,439
REVENUES OVER (UNDER) EXPENDITURES 224,434 248,340 (193,373) Fund Balance, Beginning of Year 1,205,502 1,429,936 1,678,276 Fund Balance, End of Year $ 1,429,936 $ 1,678,276 $ 1,484,903 Five Year Revenue Test Using First In First Out Method
Revenue Available:
Current Fiscal Year
Current Fiscal Year (old fees) 234,434 248,340
Prior Fiscal Year (2-yr old funds)(old fees) 234,434
Prior Fiscal Year (3-yr old funds)(old fees)
Prior Fiscal Year (4-yr old funds)(old fees)
Prior Fiscal Year (5-yr old funds)(old fees)
In Excess of 5 Prior Fiscal Years(old fees) 1,195,502 1,195,502 Total Revenues Available $ 1,429,936 $ 1,678.276
The five year findings test met as required by Gov Code 66001(d) Notes:
114,017
342,050
248,340
234,434
546,063
$ 1,484,903
FY 2021/22 FY 2022/23
$ 351,896 $ 107.463
(6,233) 45,659
345,663 153,122
345,663 153,122
1,484,903 1,830,566
$ 1,830,566 $ 1,983,688
345,663 153,122
456,066 345,663
248,340 456,066
234,434 248,340
234,434
546,063 546,063
i 1,830,566 $ 1,983.688
In using the revenue and expenditures reports to report fees that have been held past the fifth year of the first deposit, the total expenditures and transfers out over the five-year period must add together. The computed total must be subtracted from the earliest fund balance plus any transfers in for that year. The Fire Facilities Impact Fee Fund reports money being Mid past the fifth year of first deposit.
The City intends to use these funds to assist in the construction of Fire House# 3 including a regional training facility and EOC as identified in the 2019 Nexus report. The City has secured $5M in direct financing from the State of California and is in the process of securing additional financing from the State in order to construct the $12.5 M facility. The City has identified the piece of City owned land where the project will be built however the project is currently in the early stages of development and the funds are not expected to be deposited into this fund until the remaining $7.5 Mis secured from the State. 9 145
FINANCIAL SUMMARY REPORT, Continued
Police Facilities Impact Fee Fund
Statement of Revenues, Expenditures and Changes in Fund Balance Last Five Fiscal Years
Description FY 2018/19 FY 2019/20 FY 2020/21
REVENUES
Fees $ 574,085 $ 617,943 $ 1,224,396
Interest 69,636 56,516 2,783
Other 2,574
Total Revenues 643,721 674,459 1,229,753
EXPENDITURES
Expenditures 174,243 1,464,086 772,998
Total Expenditures 174,243 1,464,086 772,998
REVENUES OVER (UNDER) EXPENDITURES 469,478 (789,627) 456,755 Fund Balance, Beginning of Year 2,885,073 3,354,551 2,564,924 Fund Balance, End of Vear $ 3,354,551 $ 2,564,924 $ 3,021 ,679 Five Year Revenue Test Using First In First Out Method
Revenue Available:
Current Fiscal Year
Current Fiscal Year (old fees) 643,721 674,459
Prior Fiscal Year (2-yr old funds)(old fees) 643,721
Prior Fiscal Year (3-yr old funds)(old fees)
Prior Fiscal Year (4-yr old funds)(old fees)
Prior Fiscal Year (5-yr old funds)(old fees)
In Excess of 5 Prior Fiscal Years(old fees) 2,710,830 1,246,744 Total Revenues Available $ 3.354,551 $ 2,564 ,924
The five-year findings test met as required by Gov Code 66001{d) Notes:
307,438
922,315
674,459
643,721
473,746
$ 3,021 .679
FY 2021/22 FY 2022/23
$ 908,939 $ 261,570
(1,251) 26,068
4,727
912,415 287,638
3,002,124
3,002,124
(2,089,709) 287,638
3,021,679 931,970
$ 931 ,970 $ 1,219,608
912,415 287,638
19,555 912,415
19,555
$ 931 ,970 $ 1,219,608
In using the reve_nue and expenditures reports to report fees that have been held_ past the fifth year of the first deposit, the total expenditures and transfers out over the five-year period must add together. The computed total must be subtracted from the earliest fund balance plus any transfers in for that year. The Police Facilities Impact Fee Fund does not report money being held past the fifth year of first deposit.
10 146
FINANCIAL SUMMARY REPORT, Continued
Parks & Recreation Facilities Impact Fee Fund
Statement of Revenues, Expenditures and Changes in Fund Balance Last Five Fiscal Years
Description FY 2018/19 FY 2019/20 FY 2020/21 FY 2021/22 FY 2022/23
REVENUES
Fees $ 1,159,156 $ 1,102,361 $ 1,245,267 $ 865,656 $ 416,027 Interest 71,179 112,543 6,799 (18,758) 131,069
Other 89,355 85,470 93,758 64,232 31 ,080
Total Revenues 1,319,690 1,300,374 1,345,824 911,130 578,176
EXPENDITURES
Expenditures 23,141 186,664 416,958 77,716 595,989
Total Expenditures 23,141 186,664 416,958 77,716 595,989 REVENUES OVER (UNDER) EXPENDITURES 1,296,549 1,113,710 928,866 833,414 (17,813) Fund Balance, Beginning of Year 2,418,210 2,645,449 3,759,159 4,688,025 5,521,439 Fund Balance, End of Year $ 3,714,759 $ 3,759,159 $ 4,688,025 s 5.521 ,439 $ 5,503,626 Five Year Revenue Test Using First In First Out Method
Revenue Available:
Current Fiscal Year 336,456 911,130 578,176
Current Fiscal Year (old fees) 1,319,690 1,300,374 1,009,368 Prior Fiscal Year (2-yr old funds)(old fees) 1,319,690 1,300,374 1,345,824 911,130 Prior Fiscal Year (3-yr old funds){old fees) 1,319,690 1,300,374 1,345,824 Prior Fiscal Year (4-yr old funds)(old fees) 1,319,690 1,300,374 Prior Fiscal Year (5-yr old funds)(old fees) 1,319,690
In Excess of 5 Prior Fiscal Years(old fees) 2,395,069 1,139,095 722,137 644,421 48,432 Total Revenues Available $ 3,714,759 $ 3,759,159 $ 4,688,025 $ 5,521 ,439 $ 5,503,626 The five-year findings test met as required by Gov Code 66001(d) Notes:
In using the revenue and expenditures reports to report fees that have been held past the fifth year of the first deposit, the total expenditures and transfers out over the five-year period must add together. The computed total must be subtracted from the earliest fund balance plus any transfers in for that year. The Parks & Recreation Facilities Impact Fee Fund is planning on upgrading Pacheco Park in fiscal year 2024.
11 147
FINANCIAL SUMMARY REPORT, Continued
Water Facilities Impact Fee Fund
Statement of Revenues, Expenditures and Changes in Fund Balance Last Five Fiscal Years
Description FY 2018/19 FY2019/20 FY2020/21
REVENUES
Fees $ 726,902 $ 1,314,128 $ 1,729,108
Interest 131 ,702 134,033 43,506
Other
Total Revenues 858,604 1,448,161 1,772,614
EXPENDITURES
Expenditures
Total Expenditures
REVENUES OVER (UNDER) EXPENDITURES 858,604 1,448,161 1,772,614 Fund Balance, Beginning of Year 7,230,894 8,089,498 9,537,659 Fund Balance, End of Year $ 8,089,498 $ 9,537,659 $ 11,310,273 Five Year Revenue Test Using First In First Out Method
Revenue Available:
Current Fiscal Year
Current Fiscal Year (old fees) 858,604 1,448,161
Prior Fiscal Year (2-yr old funds)(old fees) 858,604
Prior Fiscal Year (3-yr old funds)(old fees)
Prior Fiscal Year (4-yr old funds)(old fees)
Prior Fiscal Year (5-yr old funds)(old fees)
In Excess of 5 Prior Fiscal Years(old fees) 7,230,894 7,230,894 Total Revenues Available $ 8,089,498 $ 9,537,659
The five-year findings test met as required by Gov Code 66001(d) Notes:
443,154
1,329,461
1,448,161
858,604
7,230,894
$ 11 ,310,273
FY 2021/22 FY 2022/23
$ 1,336,854 $ 451,560
14,651 906,428
1,351,505 1,357,988
1,351,505 1,357,988
11,310,273 12,661,778
$12,661 ,778 $ 14,019,766
1,351,505 1,357,988
1,772,614 1,351,505
1,448,161 1,772,614
858,604 1,448,161
858,604
7,230,894 7,230,894
$12,661,778 $ 14,019,766
In using the revenue and expenditures reports to report fees that have been held past the fifth year of the first deposit, the total expenditures and transfers out over the five-year period must add together. The computed total must be subtracted from the earliest fund balance plus any transfers in for that year. The Water Facilities Impact Fee Fund reports money being held past the fifth year of first deposit. The City intends to address capacity and treatment as identified in the 2019 Nexus Report. Some examples of these projects are as follows:
• Well 16 - new groundwater well and Storage tank - $4.4M - Design 2022-2023, construction 2024. • Chromium 6 - well head treatment - reduction coagulation treatment - pilot study 2023, design criteria 2023, construction (TBD pending funding and state regulation) $40M - $90M.
The City intends to utilize all the Impact Fees for this purpose and is in the process of reviewing user rates and exploring debt financing in order to fund the $315M of potential costs associated with future capacity and treatment. The City is working with the State of California and the State Water Resource Control Board to identify the timing of the funding. Once funding is secured the money will be deposited in the Water Enterprise Fund. (This fund accounts for the Impact Fee as restricted cash). 12 148
FINANCIAL SUMMARY REPORT, Continued
Sewer Facilities Impact Fee Fund
Statement of Revenues, Expenditures and Changes in Fund Balance Last Five Fiscal Years
Description FY2018/19 FY 2019/20 FY 2020/21
REVENUES
Fees $ 1,249,310 $ 1,495,556 $ 2,659,219
Interest 105,015 98,869 32,577
Other
Total Revenues 1,354,325 1,594,425 2,691,796
EXPENDITURES
Expenditures 1,618,192
Total Expenditures 1,618,192
REVENUES OVER (UNDER) EXPENDITURES (263,867) 1,594,425 2,691,796 Fund Balance, Beginning of Year 6,026,754 5i762,887 7,357,312 Fund Balance, End of Year $ 5,762,887 $ 7,357.312 $10,049.108 Five Year Revenue Test Using First In First Out Method
Revenue Available:
Current Fiscal Year
Current Fiscal Year (old fees) 1,354,325 1,594,425
Prior Fiscal Year (2-yr old funds)(old fees) 1,354,325
Prior Fiscal Year (3-yr old funds)(old fees)
Prior Fiscal Year (4-yr old funds)(old fees)
Prior Fiscal Year (5-yr old funds)(old fees)
In Excess of 5 Prior Fiscal Years(old fees) 4,408,562 4,408,562 Total Revenues Available $ 5,762,887 $ 7,357,312
The five-year findings test met as required by Gov Code 66001 (d) Notes:
672,949
2,018,847
1,594,425
1,354,325
4,408,562
$ 10,049,108
FY 2021/22 FY 2022/23
$ 1,827,245 $ 565,730
12,590 564,437
1,839,835 1,130,167
17,636 860,365
17,636 860,365
1,822,199 269,802
10,049,108 11,871,307
$11 ,871 ,307 $12,141,109
1,839,835 1,130,167
2,691,796 1,839,835
1,594,425 2,691,796
1,354,325 1,594,425
1,354,325
4,390,926 3,530,561
$ 11 .871 ,307 $12,141 ,109
In using the revenue and expenditures reports to report fees that have been held past the fifth year of the first deposit, the total expenditures and transfers out over the five-year period must add together. The computed total must be subtracted from the earliest fund balance plus any transfers in for that year. The Sewer Facilities Impact Fee Fund reports money being held past the fifth year of first deposit. The City intends to address capacity and treatment as identified in the 2019 Nexus Report. Some examples of these projects are as follows:
• Wastewater Treatment plant rehabilitation (pipe casing and replacement) - $4M - design 2024, construction 2025-2026. • Sewer lift station backup generator replacement (Tier 4 per new air board regulation)- $600K, design 2024, construction 2025- 2026.
The City intends to utilize all the Impact Fees for this purpose and is in the process of reviewing user rates and exploring debt financing in order to fund the $75M of potential costs associated with future capacity, treatment, and wastewater flow. The City is working with the State of California and the State Water Resource Control Board to identify the timing of the funding. Once funding is secured the money will be deposited in the Wastewater Enterprise Fund. (This fund accounts for the Impact Fee as restricted cash).
13 149
FINANCIAL SUMMARY REPORT, Continued
Stormwater Facilities Impact Fee Fund
Statement of Revenues, Expenditures and Changes in Fund Balance Last Five Fiscal Years
Description FY 2018/19 FY 2019/20 FY 2020/21 FY 2021/22 FY2022/23
REVENUES
Fees $ 5,229 $ 6,988 $ 104,776 $ 201,086 $ 97,959
Interest 1,066 952 (72) (1,287) 10,652
Other
Total Revenues 6,295 7,940 104,704 199,799 108,611
EXPENDITURES
Expenditures
Total Expenditures
REVENUES OVER (UNDER) EXPENDITURES 6,295 7,940 104,704 199,799 108,611 Fund Balance, Beginning of Year 45,306 51,601 59,541 164,245 364,044 Fund Balance, End of Year $ 51 601 $ 59,541 $ 164,245 $ 364,044 $ 472.655 Five Year Revenue Test Using First In First Out Method
Revenue Available:
Current Fiscal Year 26,176 199,799 108,611
Current Fiscal Year (old fees) 6,295 7,940 78,528
Prior Fiscal Year (2-yr old funds)(old fees) 6,295 7,940 104,704 199,799 Prior Fiscal Year (3-yr old funds)(old fees) 6,295 7,940 104,704 Prior Fiscal Year (4-yr old funds}(old fees) 6,295 7,940 Prior Fiscal Year (5-yr old funds)(old fees) 6,295
In Excess of 5 Prior Fiscal Years(old fees) 45,306 45,306 45,306 45,306 45,306 Total Revenues Available $ 51 ,601 $ 59,541 $ 164,245 $ 364,044 $ 472,655 The five-year findings test met as required by Gov Code 66001(d) Notes: . ·
In using the revenue and expenditures reports to report fees that have been held past the fifth year of the first deposit, the total expenditures and transfers out over the five-year period must add together. The computed total must be subtracted from the earliest fund balance plus any transfers in for that year. The Stormwater Facilities Impact Fee Fund reports money being held past the fifth year of first deposit. The City intends to address capacity, treatment and stormwaterflow as identified in the 2019 Nexus Report. • Central City Detention Basin - $2.4M - design 2023, land acquisition 2024, construction 2024-2025 (Funds will be combined with wastewater once the project has started.
The City intends to utilize all the Impact Fees for this purpose and is in the process of reviewing user rates and exploring debt financing in order to fund the $75M of potential costs associated with future capacity, treatment, and stormwater flow. The City is working with the State of California and the State Water Resource Control Board to identify the timing of the funding . Once funding is secured the money will be deposited in the Storm Drain Impact Fee Fund.
14 150
FINANCIAL SUMMARY REPORT, Continued
Traffic Facilities Impact Fee Fund
Statement of Revenues, Expenditures and Changes in Fund Balance Last Five Fiscal Years
Oescri tion FY 2018/19 FY 2019/20 FY 2020/21
REVENUES
Fees $ 746,295 $ 919,905 $1,577,169
Interest 125,496 111,391 5,710
Other 258,190 169,210
Total Revenues 871,791 1,289,486 1,752,089
EXPENDll\JRES
Expenditures 17,466 2931150 195,420
Total Expenditures 17,466 293,150 195,420
REVENUES OVER (UNDER) EXPENDll\JRES 854,325 996,336 1,556,669 Fund Balance, Beginning of Year 5,226,572 6,080,897 7,077,233 Fund Balance, End of Year $6,080,897 $7,077,233 $8,633,902 Five Year Revenue Test Using First In First Out Method
Revenue Available:
Current Fiscal Year
Current Fiscal Year (old fees) 871,791 1,289,486
Prior Fiscal Year (2-yr old funds)(old fees) 871,791
Prior Fiscal Year (3-yr old funds)(old fees)
Prior Fiscal Year (4-yr old funds)(old fees)
Prior Fiscal Year (5-yr old funds)(ok:I fees)
In Excess of 5 Prior Fiscal Years(old fees) 51209, 106 4,915,956 Total Revenues Available $6,080,897 $7,077,233
The five-year findings test met as required by Gov Code 66001(d) Notes:
437,947
1,314,067
1,289,486
871,791
4,720,611
$8,633,902
FY 2021/22 FY 2022/23
$1,245,281 $ 306,892
(33,219) 239,097
40,206
1,252,268 545,989
47,643 236,281
47,643 236,281
1,204,625 309,708
8,633,902 9,838,527
$9,838.527 $10,148,235
1,252,268 545,989
1,752,014 1,252,268
1,289,486 1,752,014
871,791 1,289,486
871,791
4,672,968 4,436,687
$9,838,527 $10,148,235
In using the revenue and expenditures reports to report fees that have been held past the fifth year of the first deposit, the total expenditures and transfers out over the five-year period must add together. The computed total must be subtracted from the earliest fund balance plus any transfers in for that year. The Traffic Facilities Impact Fee Fund reports money being held past the fifth year of first deposit. The City intends to perform the following improvements based on an updated Traffic Impact Plan:
• Hwy 165 and Willmott Road Signal Improvement - $1.5M - design 2024, construction 2025-2026, • HWY 152 and I Street signal improvements - $BOOK - Design (Caltrans started but is placed on-hold pending funding), construction (TBD pending matching fund from the City)
• Hwy 165 and Vineyard Drive Signal Improvements - $1.BM - Design 2024 • Pioneer Road project - $40-60M - Environmental present to 2024, design 2024-2025, construction 2025-2027 These funds along with Impact Fees will be transferred to an appropriate Capital Projects Fund as required by the individual project. 15 151
FINANCIAL SUMMARY REPORT, Continued
General Government Facilities Impact Fee Fund
Statement of Revenues, Expenditures and Changes in Fund Balance Last Five Fiscal Years
Description FY 2018/19 FY 2019/20 FY2020/21
REVENUES
Fees $ 389,671 $ 419,275 $ 808,295
Interest 43,749 40,802 2,226
Other
Total Revenues 433,420 460,077 810,521
EXPENDITURES
Expenditures 42,576 9,778 136,613
Total Expenditures 42,576 9,778 136,613
REVENUES OVER (UNDER) EXPENDITURES 390,844 450,299 673,908 Fund Balance, Beginning of Year 1,753,390 2,144,234 2,594,533 Fund Balance, End of Year $ 2,144,234 $ 2,594,533 $ 3,268,441 Five Year Revenue Test Using First In First Out Method
Revenue Available:
Current Fiscal Year
Current Fiscal Year (old fees} 433,420 460,077
Prior Fiscal Year {2-yr old funds)(old fees) 433,420
Prior Fiscal Year (3-yr old funds)(old fees)
Prior Fiscal Year (4-yr old funds)(old fees)
Prior Fiscal Year (5-yr old funds)(old fees)
In Excess of 5 Prior Fiscal Years(old fees) 1,710,814 1,701,036 Total Revenues Available $ 2,144.234 $ 2,594,533
• The five-year findings test met as required by Gov Code- 66001 (d) Notes:
202,630
607,891
460,077
433,420
1,564,423
$ 3,268,441
FY 2021/22 FY 2022/23
$ 507,807 $ 146,860
(12,016) 65,781
495,791 212,641
194,021 20,481
194,021 20,481
301,770 192,160
3,268,441 3,570,211
$ 3,570,211 $ 3.762,371
495,791 212,641
810,521 495,791
460,077 810,521
433,420 460,077
433,420
1,370,402 1,349,921
$ 3,570.211 $ 3,762,371
In using the revenue and expenditures reports to report fees that have been held past the fifth year of the first deposit, the total expenditures and transfers out over the five-year period must add together. The computed total must be subtracted from the earliest fund balance plus any transfers in for that year. The General Governmental Facilities Impact Fee Fund reports money being held past the fifth year of first deposit.
The City is utilizing $750,000 for the new corporate yard next to the new police facility. This project started at the end fiscal year 2022 and will be completed in fiscal year 2023. The City is intending on spending the remaining amount on upgrades to the City Hall as well as renovating the Annex. The project is currently in the design phase and the amount of the project is expected to be $5 M. The General Fund will supply the additional capital to complete the project. 16 152
FINANCIAL SUMMARY REPORT. Continued
3% Administration Impact Fee Fund
Statement of Revenues, Expenditures and Changes in Fund Balance Last Five Fiscal Years
Description FY 2018/19 FY 2019/20
REVENUES
Fees $ 81,450 $ 87,650
Interest 8,014 7,375
Other
Total Revenues 89,464 95,025
EXPENDITURES
Expenditures 2,625 31,020
Total Expenditures 2,625 31,020
REVENUES OVER (UNDER) EXPENDITURES 86,839 64,005
Fund Balance, Beginning of Year 310,973 397,812
Fund Balance, End of Year $ 397,812 $ 461 ,817
FY 2020/21
$ 186,539
319
186,858
186,858
461,816
$ 648,674
Five Year Revenue Test Using First In First Out Method
Revenue Available:
Current Fiscal Year 46,715
Current Fiscal Year (old fees) 89,464 95,025 140,144
Prior Fiscal Year (2-yr old funds)(old fees) 89,464 95,025 Prior Fiscal Year (3-yr old funds)(old fees} 89,464
Prior Fiscal Year (4-yr old funds)(old fees)
Prior Fiscal Year (5-yr old funds)(old fees)
In Excess of 5 Prior Fiscal Years(old fees) 308,348 277,328 277,327 Total Revenues Available $ 397,812 $ 461 ,817 $ 648,674 The five-year findings test met as required by Gov Code 66001(d) Notes:
FY 2021/22 2022/23
$ 160,458 $ 53,831
(2,282) 15,639
158,176 69,470
121,087 93,589
121,087 93,589
37,089 (24,119)
648,674 685,763
$ 685l 63 $ 661 ,644
158,176 69,470
186,858 158,176
95,025 186,858
89,464 95,025
89,464
156,240 62,651
$ 685,763 $ 661 .644
In using the revenue and expenditures reports to report fees that have been held past the fifth year of the first deposit, the total expenditures and transfers out over the five-year period must add together. The computed total must be subtracted from the earliest fund balance plus any transfers in for that year. The 3% Administration Facilities Impact Fee Fund Balance will fund the upgrade to Tyler Technologies (Financial Software). The anticipated cost is approximately $500,000 and the project commenced in fiscal year 2023. 17 153
SCHEDULE OF DEVELOPMENT IMPACT FEES
Fees Based on updated Development Impact Fee nexus study dated December 31, 2019. The updated schedule became effective on April 5, 2020. The Fee was adjusted in 2023 based on Construction Cost Index through Council Action on April 19,2023.
DEVELOPMENT FEE PROGRAM
SCHEDULE OF FEES
GENERAL PLAN BUILD OUT
Development Impact Fees per Unit (Residential)/1,000 Square Feet (Non-Residential) Residential Non-Residential
Age
Fee Category Single Farrily Multi-Fartily Restricted Retail Office Institutional Fire $ 1,504 $ 1,203 $ 814 $ 857 $ 643 $ 322
Police $ 2,814 $ 2,251 $ 1,523 $ 1,603 $ 1,203 $ 601
Parks & Rec $ 8,402 $ 6,721 $ 4,548 $ - $ - $ - Water $ 7,552 $ 6,042 $ 4,087 $ 4,303 $ 3,228 $ 1,614 Sewer $ 5,795 $ 4,636 $ 3,137 $ 3,302 $ 2,476 $ 1,239
Storm Drain $ 3,536 $ 2,830 $ 1,914 $ 2,016 $ 1,511 $ 756 Traffic $ 1,559 $ 1,080 $ 842 $ 7,765 $ 1,555 $ 1,882
General Gov't $ 839 $ 672 $ 464 $ - $ . $ - 3%Admin $ 960 $ 763 $ 520 $ 595 $ 318 $ 192 Industrial
$ 214
$ 401
$
$ 1,076
$ 825
$ 503
$ 1,321
$
$ 130
Total Fees $ 32,961 $ 26,197 $ 17,849 $20,441 $10,934 $ 6,605 $ 4,470
PRIOR DEVELOPMENT IMPACT FEE SCHEDULE (OLD FEES)
The following Impact Fees Schedule was approved by Council in order to complete improvements for Police, Fire, Community Center, City Hall, Corporation Yard, and Administration. These fees were set forth in the Development Cost and Fee Study done by Goodwin Consulting dated June 28, 2006.
Table 2 - Prior Impact Fees from Previous Nexus Study
DEVELOPMENT FEE PROGRAM
SCHEDULE OF FEES
NEXUS STUDY 2006
Development Impact Fees per Unit (Residential)!Per Square Feet (Non-Residential) Fee Category
Police
Fire
Park Improvement
Very-Low
Density
$ 2,559
$ 912
$ 6,934
Community Center $ 399
City Hall $ 986
Corporation Yard $ 346
3% Administration $ 364
Residential
$
$
$
$
$
$
$
Medium
Density
2,105
730
5,702
328
811
285
299
$
$
$
$
$
$
$
High
Density
1,515
438
4,106
236
584
205
213
Commercial
$ 0.38
$ 0.36
$ - $ 0.07
$ 0.15
$ 0.06
$ 0.03
Non-Residential
Office
$ 0.57 $
$ 0.36 $
$ . $
$ 0.08 $
$ 0.22 $
$ 0.09 $
$ 0.04 $
Industrial
0.27 0.36
0.05 0.10
0.05 0.02
Total Fees $ 12,500 $ 10,260 $ 7,297 $ 1.05 $ 1.36 $ 0.85 18 154
PRIOR DEVELOPMENT IMPACT FEE SCHEDULE (OLD FEES), continued The following Impact Fees Schedules were enacted in order to complete improvements for Water, Wastewater, Public Facilities, and Traffic. These fees were set forth in the by ordinance No.954 dated February 2, 2010.
Table 2 - Prior Enterprise Impact Fees per Ordinance
NOTES TO THE DEVELOPMENT IMPACT FEE REPORT
The Notes address two items required by California Government Code Section 66006 (b).
Note 1 - Refund of Developer Fee. At this time, all fees being collected pursuant to the Developer Fee program have been earmarked for current or future capital projects necessary to maintain the current levels of services within existing service areas to serve new development.
DEVELOPMENT IMPACT FEE PROJECTS IDENTIFICATION
The Development Impact Fees and Development Agreement Fee projects identification table illustrates the following reporting requirements defined by California Government Code Section 66006 (b):
• An identification of each public improvement on which fees were expended and the amount of expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees.
These were identified when applicable in the Note Section of each 5-year Financial Summary Report • An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement. These were identified when applicable in the Note Section of each 5-year Financial Summary Report.
19 155
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PROOF OF PUBLICATION
(2015.5 C. C. P.)
ST A TE OF CALIFORNIA,
County of Merced,
I am a citizen of the United States and a resident of
the county aforesaid; I am over the a:ge of
twenty-one years, and not a party. to or interested
in the above entitled matter. I am the principal
clerk of THE WESTSIDE EXPRESS, P.O'. Box
2422, Los Banos, CA 93635, a newspaper of general
circulation, published in Los Banos, California in the
City of Los Banos, County of Merced, and which
newspaper has been adjudged a newspaper of general
circulation, by the Superior Court of the County of
Merced, State of California. That the
notice, of which the annexed is a printed copy (set in
type not smaller than nonpareil), has been published
in each regular and entire issue of said newspaper
and not in any supplement thereof on the following
dates, to-wit:
October 4, 2023
I certify or declare under penalty of perjury that the
foregoing is true and correct.
Dated at Los Banos,
This October 4, 2023
Signature
This space is for the County Clerk's Filing Stamp
Proof of Publication of
PUBLIC NOTICE
Puauc~,c~1
-Notice is hereby given that the City Council
• of the City Los Banos Will hold a Public
Hearing for the AB.1600 .Development
Impact Fee Report for Fisca1 Years 2019--
2023 as follows: '
- Date: October 18, 2023
Time: 6:00 p.01;
Place: Council Chambers • CltyHall . • • f.
520 "J" Street
Los Banos, CA 93635
f'
Questions regarding the abo~~ .referenced
Item inay be directed to·the Finance·
Department at City Hall or (209)'827-7000.
Oct. 4, 2023 •
WEX/123-147
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d
www.FmariceDT A.corr
99 Almaden Blvd, Suite 875
San Jose, CA 95113
A DEVELOPMENT IMPACT FEE
JUSTIFICATION STUDY
PREPARED FOR:
l
J
'{, 1
1 l f . [ ) ._ t
PREPARED BY:
DTA
99 Almaden Blvd, Suite 875
San Jose, California, 95113
IN ASSOCIATION WITH:
TJKM Transportation Consultants
2055 Gateway Plaza, Suite 400
San Jose, California 95110
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TABLE
OF CONTENTS
EXECUTIVE SUMMARY -·······-········-····-····· ....................................... 1 I INTRODUCTION.-........ _.-...................................................... 3
D LEGAL REQUIREMENTS TO JUSTIFY DEVELOPMENT
IMPACT FEES .............................................................................. S m DEMOGRAPHICS ....................................................................... 9 IV THE NEEDS LIS"f ...................................................................... 14 V METHODOLOGY USED TO CALCULATE FEES ................... 18 A. FIRE FACILITIES ............................................. 22 B. PouCE FACIU11ES ........................................ 25 C. PARK FAcn.rnES ........................................... 28 D. WATER FACILITIES ........................................ 32 E. S'EwER 'FAC11Z11ES ......................................... 35 F. Sl'oRM DRAINAGE FACILITIES ....................... 39 G. TRAl=Flc FAcnmES ....................................... 42 H. GENERAL GoVElUfMENT FACIU11ES .............. 45
VI SUMMARY OF FEES ...... -.... , .................................................... 48
APPENDICES
Appendix A: Fee Derivation Worksheets
Appendix B: 2019 Needs List
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EXECUTIVE SUMMARY
dta
www r-inanceOTA.com
In order to adequately plan for new development and identify the publtc facilities and costs associated with mitigating the direct and cumulative impacts of new development, OTA (previously lmown as David Taussig & Associates. Inc.) was engaged by the City of Los Banos (the ·aty") to prepare an updated AB 1600 Fee Justification Study (the ·Fee Study"). The Fee Study is intended to comply with Section 66000 et seq. of the Government Code. which was enacted by the State of California in 1987, by identifying additional public facilities required by new development ("'Future Faaltttes") and detennining the level of fees that may be imposed to pay the costs of the Future Facilities. The Future Facilities and associated construction costs are identified in the Needs List, which is included tn Section IV of the Fee Study. A description of the methodology used to calculate the fees is included in Section V. All new development may be required to pay its "fair share· of the cost of the new infrastructure through this development fee program.
ORGANIZATION OF 11-fE REPORT
Section I of this report provides an introduction to the Fee Study including a brief description of areas surrounding the City and background information on development fee financing. Section II provides an overview of the legal requirements for implementing and imposing the fee amounts identified in the Fee Study. Section m includes a discussion of projected new development and demand variables such as future population and employment. assuming current growth trends in housing, retail, office. industrial. and institutional development extrapolated through buildout in 2038. Projections of future development are based on data provided by the City of Los Banos and the C8ltfomia Department of Finance, Demographic Research Unit. Section IV includes a desaiptton of the Needs List, which identifies the facllities needed to serve new development through buildout in 2038 that are eligible for funding through the impact fee program. The Needs List provides the total estimated facilities costs, offsetting revenues. net costs to the City, and costs allocated to new development for all facilities listed in the Needs List. This list is a compilation of projects and costs identified by various City departments. Section V discusses the findings required under the Mitigation Fee Act and requirements necessary to be satisfied when establishing. increasing. or imposing a fee as a condition of new development, and satisfies the nexus requbements for each facility included as part of this study. Section V also contains the description of the methodology used to determine the fees for all facility types. Finally, Section VI includes a summary of the proposed fees justified by this Fee Study. Appendix A includes the calculations used to detennine the various fee levels.
IMPACT FEE SUMMARY
The total fee amounts required to finance new development's share of the costs of facilities identified in the Needs List are summarized in Table ES-1 on the following page. These~ reflect the maximum fee levels that may be imposed on new development.
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Table ES-1: City of Los Banos Development Impact Fee SUmmary Single Family $1,258 $2.!54 $7,028 $6,317 $4,847 $2.958 $1,304 $702 $803 $27.571 Multt-famlly $1.006 $U183 $5,622 $5,054 $3,878 $2,367 $903 $562 $638 $2UlS Age~ $681 $1,274 $3,804 $3.419 $2.624 $1,601 $704 $380 $435 SK.923 Retatl $717 $1,341 $0 $3,599 $2,762 $1,686 $6.495 $0 $498 $17.()98 Office $538 $1.006 $0 $2,700 $2.071 $1.264 $1.301 $0 $266 $9J.46 Institutional $269 $503 $0 $1,350 $1,036 $632 $1,574 $0 $161 $5.524 Industrial $179 $335 $0 $900 $690 $421 $1,105 $0 $109 $5.740
EXEMPTIONS
California Government Code permits fee exemptions for affordable housing and senior housing at the discretion of local jurisdictions. Such fee exemptions are a policy matter that should be based on the consideration of the greater public good provided by the use exempted from the fee.
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SECTION I
INTRODUCTION
The City of Los Banos is a growing community with a current population of about 40,000.
Covering approximately 10 square miles of land in the western region of the San Joaquin Valley between San Francisco and Los Angeles. it is within a two-hour drive of Yosemite and Kings Canyon National Parks, as well as the scenic Central Coast. The City also sits near the San Luis Reservoir. San Joaquin River, and Merced National Wildlife Refuges, and its location between Interstate-5 and H"1ghway 99 positions the City at the crossroads of California.
In onler to adequately plan for new development and identify the public facilities and costs associated with mitigating the direct and cumulative impacts of this new development. OTA was engaged by the City of Los Banos to prepare an updated AB 1600 Fee Justification Study. The Fee amounts to be determined will finance Citywide fadtlttes at levels required by various City departments as being necessary to meet the needs of new development through 2038.
DTA is updating elements of the impact fee study prepan!d in 2006 by Goodwin Consulting, as well as a 2010 Goodwin Consulting update and a 1999 traffic mitigation fee report prepared by KD Anderson. Revised impact fees are calculated here using updated information on development and City facilities and are intended to replace the corresponding existing impact fee. Moreover, the methods used to calculate impact fees in this study are intended to satisfy all requirements governing such fees, including provisions of the U.S. Constitution, the California Constltution, and the Califomta Mitigation Fee Act (Government Code Sections 66000 et seq.).
More specifically, the Fee Study is intended to comply with Section 66000 et seq. of the Government Code, which was enacted by the State of C<fomta tn 1987, by identifying addttional publtc faciltttes required by new development C-Future Facilities") and determining the level of fees that may be imposed to pay the costs of the Future Facilittes.
Fee amounts have been determined that will finance factuttes at levels tdenttfted by the various City departments as deemed necessary to meet the needs of new development The Future Facilities and associated construction costs are identified in the Needs Ust. which ts included in Section IV of the Fee Study. All new development may be required to pay tts "fair share" of the cost of the new infrastructure through the development impact fee program.
The fees are calculated to fund the cost of facilities needed to meet the needs of new development. The steps followed in the Fee Study include:
1. Demographic Assumptions: Identify future growth that represents the increased demand for facilities.
2. Facility Needs and Costs: Identify the amount of public facilities required to support the new development and the costs of such facilities. Facilities costs and the Needs list are discussed in Section IV.
3. Cost Allocation:
methodology.
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4. Fee Schedule: Calculate the fee per residential unit or per non-residential square foot.
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The imposition of impact fees is one authorized method of financing the public facilities necessary to mitigate the impacts of new development. A fee is ·a monetary exaction. other than a tax OT special assessment. which is charged by a local agency to the applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public faalities related to the development project. .. • (C81ifomia Government Code, Section 66000). A fee may be imposed for each type of capital improvement required for new development, with the payment of the fee typically occurring prior to the beginning of construction of a dwelling unit or non-residential building. Fees are often imposed at final map recordatton, issuance of a certificate of occupancy, or more commonly, at building permit issuance.
AB 1600, which created Section 66000 et seq. of the Government Code, was enacted by the State of California in 1987.
In 2006, Government Code Section 66001 was amended to clarify that a fee cannot include costs attributable to existing deficiencies but can fund costs used to maintain the existing level of service rLOS") or meet an adopted level of service that is consistent with the general plan.
Section 66000 et seq. of the Government Code thus requires that an public agencies satisfy the following requirements when establishing, increasing, OT imposing a fee as a condition of new development:
1. Identify the purpose of the fee. (Government Code Section 66001(a)(1))
2. Identify the use to which the fee will be put. (Government Code Section 66001(a)(2))
3. Determine that there is a reasonable relationship between the fee's use and the type of development on which the fee is to be imposed. {Government Code Section 66001(a)(3))
4. Determine how there is a reasonable relationship between the need for the public facility and the type of development project on which the fee is to be imposed. (Government Code Section 66001(a)(4))
5. Discuss how there is a reasonable relationship between the amount of the fee and the cost of the public facility or portion of the public facility attnbutable to the development on which the fee is imposed.
This section presents each of these items as they relate to the imposition of the proposed fees in the City of Los Banos.
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i>uRPosE OF THE ftE fGOVERNMENT CODE SEC'l1oN 66001W(1)) New residential and non-residential development within the City of Los Banos wlll generate additional residents and employees who wlU require additional public faalities. Land for these facilities will have to be acquired and public facOlttes and equipment wiU have to be expanded. constructed. or J)UTC:hased to meet thts increased demand.
The Fee Study has been prepared in response to the projected diTect and cumulative effect of future development Each new development will contribute to the need for new public fadltttes. Without future development many of the new public faciltttes on the Needs Ltst would not be necessaT)' as the extsttng faciltttes are generally adequate for the City's present population. In instances where fadltttes would be built regardless of new development the costs of such faclltttes have been allocated to new and existing development based on their respective level of benefit.
The proposed impact fee wlll be charged to all future development tYTeSpeCttve of location. in the City. First. the property owners and/or the tenants associated wlth any new development in the City can be expected to place addtttonal demands on the City's facilities that are funded by the fee. Second, these property owners and tenants are dependent on and. in fact may not have chosen to utilize their development. except for residential. retail, employment. and recreational opportunities located nearby on other existing and future development As a result. all development projects in the City contribute to the cumulative impacts of development.
The impact fees will be used for the acqutsition. installation, and construction of public facilities identified on the Needs Usts to mitigate the direct and cumulative impacts of new development in the City.
B. THE USE TO WHICH THE FEE IS JO BE PuT (GOVERNMENT CODE SEcTioN 66001CAl(2}) The fee will be used for the acquisition. installation. and construction of public • facilities identified on the Needs Usts, included in Section IV of the Fee Study and other appropriate costs to mitigate the direct and cumulative impacts of new development in the City. The fee wlll provtde a source of revenue to the City to allow for the acquisition. installation, and construction of public facilities, whtch in tum will both preserve the quality of life in the City and protect the health. safety. and welfare of the existing and future residents and employees. Actual needs are likely to change over time as a result of changing technology and approaches for delivering public services. The Needs List is illustrative of the required facilities if all the facilities were constructed and operational as of the date of this study. The fees may be used on (any) facility which serves a similar function and purpose as those faciHties identified on the Needs Ust.
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C. 'DETERMINE THAT ItfEBE IS A 'REASONABLE RELAllQNSHIP BE1'WEEN THE FEE'S USE AND DfE TYPE OF DEVELOPMENT PllQJECT Up0H 'WHicH11fE PEE IS IMPOSED (8ENEFJT 'RELA'l]OHSHIP) f(ioyERNMENT CoDE SEcTroN 66001JA)f3U
0. As discussed in Section A. it is the projected direct and cumulative effect of future development that has prompted the preparation of the 'Fee Study. Each development will contnbute to the need for new public facilities. Wtthout futlD'e development. the City would have no need to construct many of the publtc facilities on the Needs list.
For an other facilities, the costs have been allocated to both existing and new development based on their level of benefit. Consequently. all new development within the Qty. irrespective of location. contributes to the direct and cumulative impacts of development on public facilities and creates the need for new faclltttes to accommodate growth.
The fees will be expended for the acquisition. installation. and construction of the public facilities identified on the Needs List and other authorized uses. as that is the purpose for which the fees are collected. As previously stated. all new development creates either a direct impact on public facilities or contributes to the cumulative impact on public facllities. Moreover. this impact is generally equalized among all types of development because it is the increased demands for pubHc faclltties created by the future residents and employees that create the impact upon existing facilities. 'For the aforementtoned reasons. new development benefits from the acquisition. construction. and installation of the facilities on the Needs Usts.
DETERMINE How 1'fERE IS A REASoNABLE RELATIONSHIP BE1'WEEN THE NEED FOR DiE puauc FACIU"IY AND 1llE TYPE OF DEVELOPMENT PR0JEcT \JpoN WHICK ]lfE FEE JS IMPosED (IMPACT RELATIQNSHIPl CGoVERNMENT CODE SEcnoN 66001{A)(4)) As previously stated. au new development within the City, irrespective of location. contributes to the direct and cumulative impacts of development on public facilities and creates the need for new facilities to accommodate growth. Without future development. inany of the factllttes on the Needs Lists would not be necessary_ 'For certain other facilities, the costs have been allocated to both existing and new development based on their level of benefit.
'For the reasons presented herein. there is a reasonable relationship between the need for the public facilities included on the Needs Ust and all new development within the City.
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E. THE RELATlONsHlp BE'IWEEN THE AMOUNT OP TKE FEE AND THE CosT OF 1lfE Puauc FAQUDESAT[RJBll[ABLE IO DfE J)EVELopMENT\JPON 'WHicHTHEF'EEJS IMPOSED rRouGK PftOpoRTIONAJll:'C 'RELA'nOHSHIP} (GoVERHMENT CoDE 66001(A,) As set forth above, an new development in the City impacts public facilities.
Moreover, each individual development project and its related increase in population and/or employment. along with the cumulative impacts of all development in the City, will adversely impact existing facilities. Thus, imposition of the fee to finance the facilities on the Needs Lists is an efficient, practtcal. and equitable method of permitting development to proceed in a responsible manner.
New development impacts facilities directly and cumulatively. In fact. without any future development, the acquisition. construction. and/or installation of many of the faalities on the Needs lists would not be necessary as existing City facilities are generally adequate. Even new development located adjacent to existing facilities will utilize and benefit from facilities on the Needs Ust.
The proposed fee amounts are roughly proportional to the impacts resulting from new development based on the analyses contained in Section V. Thus, there is a reasonable relationship between the amount of the fee and the cost of the facillties .
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In order to determine the public facilities needed to serve new development as wen as establish fee amounts to fund such facilities. the City provided OT A with projections of future population and development within the City. DTA categorized developable residential land uses as Stngle Family, Multi-Family, and Age Restricted. Developable non• residential land uses within the City's commercial. industrial and office zones are categorized as Retail. Office, Industrial. and Institutional Additional details are included in the table below. Based on these designations, DTA established fees for the following seven (7) land use categories to acknowledge the difference in impacts resulting from various land uses and to make the resulting fee program implementable.
Table 1: ~ of Los Banos - summary of Land Use Categories
LAND USE
CLASSIFICATIONS DEFINITION
Single Family
Multi-family
Age Restricted
Retail
Office
Institutional
City of Los Banos
Includes single family attached and detached homes.
Includes buildings with attached residential units including apartments. townhomes. condominiums, and all other residential units not classified as Single Family.
For purposes of determining the impact fees due, any ·second unit" or ·accessory dwelling untt• (as determined pursuant to Section 65852.2 of the Government Code) shall be considered a separate residential unit and shall be subject to this fee.
Includes single family attached and detached homes which are developed. substantially rehabilitated. or substantially renovated for, senior citizens. At least 80 percent (%) of the occupied units include at least one resident who is verified to be over the age of 55, and the community follows a policy that demonstrates an intent to provide housinQ for those aoed 55 or older.
Includes, but is not limited to, buildings used as the following:
• Retail
• Se1Vice-oriented business activities
• Department stores, discount stores, fumiWre/appliance outlets, home improvement centers
• Entertainment centers
• Sub-regional and regional shopping centers
Includes, but is not limited to, buildings used as the following:
• Business/professional office
Includes, but is not limited to, buildings used as the foOowing:
• Professional medical offices and hospitals
• Schools
• Other public uses
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LAND USE
CLASSIFICATIONS DEFINITION
Includes, but is not limited to, buildings used as the following:
• Light manufacturing, warehouse/distribution, logistics. wholesaling Industrial • Wholesale and warehouse retail
• Service-oriented commercial activities
• Automobile dealerships
• Support commercial services
The City of Los Banos Housing Element was used to estimate the number of housing units and non-residential building square feet to be built within the City. These figures are generally confirmed by the City's 2030 General Plan (the ·General Plan·), the California Department of Finance Demographic Research Unit. and the U.S. Census Bureau. In addition. the forecasts and the General Plan were used to project the additional population generated from new development.
Notably, OTA attempted to utilize metrics (e.g. average household size) that standardized existing demographics with the projections found in the General Plan. Future residents and employees will create additional demand for facilities that cannot be adequately served by existing public facilities. In order to accommodate new development in an orderly manner. while maintaining the current quality of life in the City. the facilities on the Needs list (see Section IV), as presented to and reviewed by City Council and City staff, along with community stakeholders, will need to be constructed. For those facilities that are needed to mitigate demand from new development facility costs have been allocated to new development only. In those instances when it has been determined that the new facilities will serve both existing and new development, facility costs have been allocated based on proportionate level of benefit (see Equivalent Dwelling Unit rrou·) discussion in Section V).
The following sections summarize the existing and future development figures that were used in calculating the impact fees.
1. Existing Population for land Use Categories
A According to information provided by the City of Los Banos and obtained from the California Department of Finance Demographic Research Unit, and generally confirmed by the U.S. Census Bureau, there are currently 34,251 existing Single Family, 4,922 Multi-Family residents, and 454 Age Restricted residents residing in 9,758, 1,753, and 239 units, respectively, within the City.
B. OTA has used the following demographic information from the California Department of Finance, Demographic Research Unit, which assumes a City resident-per-unit factor of 3.51 per Single Family unit 2.81 per Multi-Family unit (approximately four-fifths of the Single Family rate), and 1.90 per Age Ctty of Los Banos December 3.1, 2019 /
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Restricted unit. Therefore, the City population is generally comprised of 39,627 residents living in 11,750 Single Family, Multi-Family and Age Restricted homes. Importantly. many figures may not sum due to rounding.
C. Table 2 below summarizes the existing demographics for the residential land uses.
Table 2: City of Los Banos Estimated Existing Residential Development ,-------------------- - - --- ------- ---
I I Existing Existing Housing Average Household i Residential Land Use Residents Units Size i Single Family Residential 34.251 9,758 3.51
Multi-Family Residential 4,922 1.753 2.81
Age Restricted Residential 454 239 1.90
TotaVAverage 39,627 11,750 NA
OTA has also utilized the following demographic information which estimates existing City employees using employees-per-thousand-square-foot factors of 4.00,
3.00. 1.50, and 1.00 employees per 1,000 building square feet of Retail, Office, Instttuttonal, and Industrial. respectively. This results in a total of 13,982 existing employees, comprised of 2,221 Retail employees, 6,370 Office employees. 419 Institutional employees, and 4,973 Industrial employees within the City, as shown in Table 3 below.
Importantly, for many of the facilities considered in this Fee Study, EDUs are calculated based on the number of residents or employees C-Persons Served·) generated by each land use class. Persons Served equals Residents plus 50% of Employees and is a customary industry practice designed to capture the reduced levels of service demanded by employees. For existing Persons Served estimates, please reference Table 3.
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Table 3: City of Los Banos Estimated Existing Non-Residential Development ~
.d • I Employees E • • P S d ExistingPer~-ons I
Served Ul I
. - - - ---
Retail 4.00 2,221 2.00 1.110
Office 3.00 6,370 1.50 3,185
Institutional 1.50 419 0.75 210
Industrial LOO 4,973 0.50 2,486
Total/Average NA 13,982 NA 6,991
* May not sum due to rounding.
[11 Persons Served equal Residents plus 50% of employees.
2. Future Population for New Land Use Categories (2038) A. According to information provided by the City and the Merced County Association of Governments, in 2038 (the time horizon utilized for this Fee Study) the City is projected to include an additional 4,155 Single Family units, 736 Multi-Family units, and 44 Age Restricted units.
8. OTA has used the following demographic information which assumes City future resident-per-unit factors of 3.51 2.81, and 1.90 per Single Family unit Multi-Family unit, and Age Restricted unit respectively. This results in an additional 16,735 residents living in 4,935 Single Family, Multi-Family and Age Restricted homes Citywide.
C. Table 4 summarizes the future demographics for the residential land uses.
Table 4: City of Los Banos Future Residential Development ~
d;~i~ ·- -- - - -- ----- -~-- -·a
cte? .- . _,_, . ._P~oject~d _,_:_ Averag~ ~-lousehold I ents''ff" ~-How;i ng lUnits:*,:;;;..; -4Size.. 1
- - --- • --~-~
Single Family Residential 14,584 4,155 3.Sl
Multi-Family Residential 2,068 736 2.81
Age Restricted Residential 84 44 1.90
TotaVAverage 16,735 4,935 NA
As noted previously, OTA estimated City employees using employees-per-thousandsquare-foot factors, provided by the City, of 4.00, 3.00, 1.50, and 1.00 employees per 1,000 building square feet of Retail, Office, Institutional, and Industrial, respectively.
This resulted in the projection of an additional 952 Retail employees, 2,731 Office Cfty of Los Banos
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employees, 180 Institutional employees, and 2,132 Industrial employees Citywide, as shown in Table 5 on the following page.
Again, for many of the facilities considered in this Fee Study, 'EDUs are calculated based on the number of residents or employees ("Persons Served") generated by each land use class. Persons Served equals Residents plus 50% of Employees and is a customary industry practice designed to capture the reduced levels of service demanded by employees. For future Persons Served estimates, please reference Table S.
Table 5: City of Los Banos Future Non-Residential Development - - -------- ~ ------ --
Non- Employees Persons Served Future
Residential per 1,000 Future
per 1.000 Persons
' Land Use Building Employees Building S.'F. Served 11] S.F. - - - - - ~ Retail 4.00 952 2.00 476
Office 3.00 2,731 1.50 1,365
Institutional 1.50 180 0.75 90
Industrial 1.00 2,132 0.50 1.066
Total/Average NA 5,995 NA 2.997
(1) Persons Served equal Residents plus 50% of employees.
3. Equivalent Dwelling Unit (EDU) and Equivalent Benefit Unit (EDU) Projections EDUs are a means of quantifying different land uses in terms of their equivalence to a residential dwelling unit where equivalence is measured in tenns of potential infrastructure use or benefit for each type of public facility. Since nearly all of the facilities proposed to be financed by the levy of impact fees will serve both residential and non-residential property, OTA projected the number of future EDUs based on the number of residents or employees generated by each land use class. For other factltttes, different measures, such as trip generation rates and water demand. more accurately represent the benefit provided to each land use type. The EDU projections for each facility are shown in the fee derivation worksheets in Appendix A Ctty or t.os Banos
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NEEDS UST
ldentlflcatlon of the facilities to be financed ts a critical component of any development impact fee program. In the broadest sense, the purpose of impact fees ts to protect the public health, safety, and general welfare by providing for adequate public facilities. ·Public Facilities"' per Government Code Section 66000 includes "'public improvements, public services, and community amenities.·
Government Code Section 66000 requires the identification of those facilities for which tmpact fees are going to be used as the key financing mechanism. Identification of the facilities may be made in an applicable general or specific plan, other public documents, or by reference to a Capital Improvement Program (·CIP'").
OTA has worked closely with City staff to develop the list of facilities to be included in the Fee Study (the "'Needs List"'). Additionally, the Needs List was presented to and reviewed by City Council and has been introduced at numerous Stakeholders' Meeting. For purposes of the City's fee program, the Needs list is intended to be the official public document identifying the facilities eligible to be financed, in whole or in part through the levy of a development impact fee on new development within the City. The Needs list ts organized by facility element (or type) and includes a cost section consisting of six (6) columns. which are defined in Table 6 on the following page. Actual needs are likely to change over time as a result of changing technology and approaches for delivering public services. The Needs List is illustrative of the required facilities if all the facilities were constructed and operational as of the date of this study. The fees may be used on (any) facility which serves a similar function and purpose as those facilities identified on the Needs List.
Table 6: City of Los Banos Needs Ust Explanation of Cost Section ~;·~mColumn ntle ' ;-. _ •Contents Source
The total estimated facility cost including
Total Cost for Facility engineering, design, construction. land acquisition. and equipment (as applicable)
Offsetting Revenues to New and Existing Share of Total Offsetting Revenues allocated to Development new and existing development
Net Cost to Ctty
Percent of Cost
Allocated to New
Development
Net Cost Allocated to
New Development
City of Los Banos
The difference between the Total Cost and the
Offsetting Revenues (column 1 plus column 2)
Net Cost Allocated to New Development based
on New Development's Share of Facilities
The Net Cost to City Multiplied by the Percentage
Cost Allocated to New Development
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Calculated by OTA and City
Calculated by OTA
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Column Title Contents Source
Policy Background or Identifies policy source or rationale for facility Objective need
City General Plan. Water
.Master Plan. Sewer Master
Plan. Storm Drainage Master
Plan, Traffic Master Plan,
capital Improvement Plan,
and Council Objective
DTA surveyed City staff and on the required facilities needed to serve new development as a starting point for its fee calculations. The survey included the project description. justification. public benefit estimated costs, and project financing for each proposed facility. Through discussions between OTA and City staff, the Needs List has gone through a series of revisions to fine-tune the needs, costs, and methodologies used tn allocating the costs for each facility.
The final Needs List is shown on the following pages and can additionally be found included as Appendix B.
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SECTION IV
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SECTIONV
METHODOLOGY USED TO
CALCULATE FEES
There are many methods or ways of calculating fees, but they are all based on detennining the cost of needed improvements and assigning those costs equitably to various. types of development. Each of the fee calculations, with the exception of parks and traffic, employs the concept of an Equivalent Dwelling Unit ('"EDU-) or Equivalent Benefit Unit (.EBU") to allocate benefit among the seven (7) \and use classes. EDUs are a means of quantifying different land uses in terms of their equivalence to a residential dwelling unit, where equivalence ts measured tn terms of potential infrastructure use or benefit for each type of public facility. For many of the facUities considered in this Fee Study, EDUs are calculated based on the number of residents or employees ("Persons Served•) generated by each land use class. Park Facilities have been evaluated according to the existing parks standard of
4.82 acres per 1,000 residents, as detailed in Section V and Appendix A-3. For Traffic Facilities, number of vehicle trips more accurately represent the benefit provided to each land use class and are demonstrated separately in Section V.
Table 7 below shows total existing and projected EOUs or EBUs by facility type. Notably, Persons Served equal Residents plus 50% of Employees and is a customary industry practice designed to capture the reduced levels of service demanded by employees.
Table 7: 'Equivalent Dwelling Units
I
~ --[ ' . . Existing Projected !
, ifac1hty Type Service Factor , EDU's/[BIJ's EDlJ's/EBU's I ' ------- - ---- ~ -------~--- - - ------
iraffic
Fire
Police Persons Served and 13,282 5,622 Sewer /or Usage Factor Stonn Drainaqe
General Government
Water (1) 30,853 17,571
Acres per 1.000 11.290 4,768 Park Development (21 Residents (1) Special case - the SUrface Water Treatment Plant utilizes a separate sphere of tnffuence EOU metnc. (2) Park development fee calculations used only projected EBUs.
In determining a reasonable nexus for each specific type of public facility, DT A utilized one of the methodologies discussed below, depending upon the data and other information available from the City, and lts current infrastructure policies. The fee methodologies employ the concept of an Equivalent Dwelling Unit C-EDU.) to allocate benefit among various land use classes. EDUs are a means of quantifying different land uses regarding their equivalence to a residential dwelling unit, where equivalence ts measured in tenns of potential infrastructure use or benefit from each type of public facility.
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PLAN-BASED FEE METHODOLOGY
SECTIONV
METHODOLOGY USED TO
CALCULATE FEES
The Plan-based methodology used by OTA to establish the development impact fees used in this report is based on a "Plan.• such as a Master Plan of Facilities, Capital Improvement Plan or City General Plan. which identifies a finite set of improvements. These facility plans generally tdentify a finite set of facilities needed by the public agency and are developed according to assessments of facilities needs prepared by staff and/or outside consultants and adopted by the public agency's legislative body. Using thts Plan-Based approach. specific costs can be projected and assigned to all land uses planned. often with a specific ttme period in mind that reflects new development projections. By ustng population and comrnerciaVindustrial square footage numbers provided by the City and other sources, tt ts possible to assign development impact fee levels by percentage between new and existing development. This methodology was used to calculate Traffic. Fire. Police, Water, Sewer and Storm Drainage fees. In preparing an impact fee analysis, facilities costs can be allocated in proportion to the demand caused by each type of future development
STANDARDS-BASED FEE METHODOLOGY
The Standards-based methodology used to establish the development impact fees used in this report are based on ·standards. where costs are based on units of demand. This method establishes a generic unit cost for capacity, which is then applied to each land use per unit of demand. Parle fees examined in this report are an excellent example of this type of fee structure. In this study, the Standards-based methodology is used to calculate Park Development fees. This methodology provides several advantages. including not needing to know the cost of a specific facility, how much capacity or service is provided by the current system or having to commit to a specific size of the facutty.
The methodologies used for each specific facility are presented on the following page in Table 8. The Equivalent Dwelling Units for each specific facility are presented in Table 9.
The Facility Type of Traffic is not included in Table 9 because it is based on Trip Generation Rate rather than Equivalent Dwelling Units.
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Table 8: City of Los Banos Methodology (By Facility Type) I Facility Mcthodolo I Sources of Apportioning
- -- - - --------;i
i
Units of Measure Type gy j Costs j I L_ -- ----------- --- --- - --- - ' Traffic Plan-based Existing Infrastructure Plan Trip Generation Rate Fire Plan-based Existing Infrastructure Plan Persons Served Police Plan-based Existing Infrastructure Plan Persons Served Water Plan-based Existing Infrastructure Plan Persons Served Sewer Plan-based Existing Infrastructure Plan "Persons Served Stenn Plan-based Existing Infrastructure Plan Persons Served Drainage Parks Standards-based Existing Standard Acres per 1,000 residents General Plan-based Existing Infrastructure Plan Persons Served Government Table 9: Ctty of Los Banos F.quivalent Dwelling Units ------ - - --- '1 r
. Countywide Facility Existing Projected % Increase
(Existing to Total · 1 ype EDUs/EBUs EDUs/EBUs Projected) I - ------- - - ---------- -- ---- -
Fire 13,282 5,622 42% 18,904
Police 13,282 5,622 42% 18,904
Parks 11,290 4,768 42% 16,058
Water- 13,282 S,622 42% 18,904
Sewer 13,282 5,622 42% 18,904
Storm Drainage 13,282 5,622 42% 18,904
General Government 11,290 4,768 42% 16,058
.. . . * Special Case - the SUrface Water Treatment Plant utilizes a separate sphere of influence EDU metric.
The following secttons present the reasonable relationship of benefit, impact, and rough proportionality tests for each fee element (le., fire facilities, police facilities, park facilities, water facilities, sewer facilltles, storm drainage facilities, traffic facilities, and general government facilities) and the analysts undertaken to apportion costs for each type of facility on the Needs List. More detailed fee calculation worksheets for each type of facility are included in Appendix A
Importantly, given that the level of service C-LOS") requested for new development by the City is above the existing service level for certain types of facilities, the costs of the new Cfty Of tos Banos
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facilities have been carefully apportioned between existing and new development in the following manner:
1. New development was assigned 100% of the cost for a LOS that is equivalent to the existing LOS within the City.
2. The cost of the incremental difference between the new, higher LOS being requested by the City and the existing LOS was then allocated between existing development and new development based on the relative number of EDUs assigned to existing development and new development.
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A. FIRE f.ACIU11ES
SECTIONV
METHODOLOGY USED TO
CALCULATE FEES
The Fire Facllities category includes those facilities required within the City to maintain adequate public safety services by the fire department. In order to serve new development through buildout. the City identified the need for additional Fire Station service points, an updated training facility, and vehicle and equipment replacements.
Table 10: Fire Fact1ities Element
Identify Purpose of Fee Fire FacOttles.
To build additional fire facilities to service a growing area, Identify Use of Fee update training and refueling sites, and replace aging vehicles and equipment.
New residential and non-residential development will generate additional residents and employees who W111 increase service Demonstrate how there Is a calls and in tum increase the need for trained public safety reasonable relationship between personnel. Equipment and vehides used to provide these the need for the public facility. the services will have to be purchased and replaced to meet this use of the fee. and the type of increased demand. Thus, a reasonable relationship exists development project on which the between the need for fire Facilities and the impact of residential fee is imposed and non-residential development. The fire Facility fees collected from new development will be used exclusively for public safety purposes as identified on the Needs List.
Table 11 identifies the facilities proposed to be funded in whole or in part with the collection of Fire fees. The costs provided in Table 11 are based on estimates provided by the City.
Table 11: fire facilities Costs
[ ;nre facihhes; --- - - -- I
-· Cost -- - -- - - -- -----~ - - -------- --- -----
Station 3 (Incl. Training Facility and EOC) $9,579,938
fueling Station $545,000
Fire Vehicles $4,590,000
Equipment (SCBA Bottles, Radio Equipment, Jaws of Life and rel. tools) $341,639 Station4 $4,800,000
Total $19.856.577
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calcu1atton Methodology
SECTIONV
METHODOLOGY USED TO
CALCULATE FEES
Fee amounts for this element were calculated for both residential and non-residential land uses as detailed in Appendix A-1. Each land use classification was assigned an EDU factor whtch was derived from the number of Persons Served. which again is defined as the persons per household (for residential units) and 50% of the number of employees per 1,000 building square feet of each category of non-residential development.
Importantly. given that the LOS requested for new development by the City is above the existing service level for certain types of facility, the cost of the new factlities has been carefully apportioned between existing and new development in the following manner:
1. New development was assigned 100% of the cost for a LOS that is equivalent to the existing LOS within the City.
2. The cost of the incremental difference between the new, higher LOS being requested by the City and the existing LOS was then allocated between existing development and new development. based on the relative number of mus assigned to existing development and new development.
Fire 'Facilities
According to the City, it has been determined that these facilities are needed to serve new development Statton 3. importantly. has been allocated funding by the State of C&lifomia pursuant to a desire to construct an Emergency Operations Center rEOC") to serve the region. The EOC wtll be constructed in conjunction with a Regional Training Facility as an extension of Station-3. The costs of the new facilities have been allocated to J'.leW development and existing development based on their percentage of the expected facility usage at buildout. Consequently. the costs will be allocated to both existing development and new development. as outlined in the table below.
Table 12: 'Fire Facilities Cost Allocation SUmmary
r:~~ --~" _. - - - - - ~~ ----~ ~ti - I • - • 'Percentage Allocated Facility Cost I I ;oe~~lopment Type , to New Developryient Allocated I , _ ---- -- - -- ---- - E:xtsting Development 29.38% $2.941,172
New Development 70.62% $1.070,845
Total 100.00% $10.012.017
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FeeAmounts
SECTIONV
METHODOLOGY USED TO
CALCULATE FEES
Fee amounts to finance Fire Facilities on the Needs List are presented in Table 13.
Please refer to Appendix A-1 for details regarding the derivation of this fee.
Table 13: Fire Facilities Fee Derivation Summary
-~-- ----- -- --
EDUs per Number of
Land Use Type Uni.t/1.000 fee per Unit/per Units/Non-Res. Cost Financed Non-Res. S.F. 1,000 Non-Res. S.F. 1,000 S.F. By Fees
I - -~----•--~ - -- --• - ------- - - - - - - ~
Single Family Residential 1.00 $1.257.77 4,155 $5,225,927 Multi-Family Residential 0.80 $1,006.21 736 $740,867
Age Restricted Residential 0.54 $680.84 44 $29,957
Retail 0.57 $716.68 238 $170,610
Office 0.43 $537.51 910 $489,297
Institutional 0.21 $268.75 120 $32,191
Industrial 0.14 $179.17 2,132 $381.995
Total Facilities Cost: $19,856.577
Offsetting Revenues ($9,844,560)
Total ADocated to New Development: $7,070,845
Total Allocated to Existing Development $2.941.172
Net Cost to City: $10,012.017
Based on the development projections in Appendix A-1, the fee amounts presented in Table 13 will finance 70.62% of the net costs of the Fire Facilities identified on the Needs List. The remaining 29.38% of the net costs of faetlities will be funded through other sources.
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8. PoUCE FACIUTIES
SECTIONV
METHODOLOGY USED TO
CALCULATE FEES
The Police Facilities category includes those facilities required within the City to maintain adequate public safety services by the police department. In order to serve new development through build.out, the City identified the need for a new primary police station. a new animal shelter, and equipment and vehicle needs.
Table 14: Police Facilities Element
Identify Purpose of Fee Police Facilities.
Identify Use of Fee New primary police station. a new animal shelter, and replacement of vehicles and equipment.
New residential and non-residential development will
generate additional residents and employees who will
DemonstTB.te how theTe is a
increase service cans and in tum inaease the need for
TeaSOnable relationship between trained public safety personnel Equipment and vehicles used to provide these services will have to be purchased and the need for the public facility, replaced to meet this increased demand. Thus. a Teasonable the use of the fee, and the type relationship exists between the need for Police Facilities and of development project on the impact of residential and non-residential development. which the fee is imposed The Police Facility fees collected from new development will be used exclusively for public safety purposes identified on the Needs List.
Table 15 below identifies the facilities proposed to be funded in whole or in part with the collection of Police fees. The costs provided in Table 15 are based on estimates provided by the City.
Table 15: Police Fa.ctlities Costs
~ ----------- - -- -- ----~ lp 1 F l t L - •~T- •
I 0_1ce ac11 res -~ ,= ~ - - - ---- -- ---•---·--···--
Primary Police Station $34,800,000
Animal Shelter $12,500,000
Range Faality $500,000
Fleet Vehicles $1.845,732
Firearms Stock $150,335
Total $49.796.067
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Calculation Methodology
SECTIONV
METHODOLOGY USED TO
CALCULATE FEES
Fee amounts for this element were calculated for both residential and non-residential land uses as detailed in Appendix A-2. Each land use classification was assigned an EDU factor which was derived from the number of Penons served, which again ts defined as the penons per household (for residential units) and SO% of the number of employees per 1,000 building square feet of each category of non-residential development.
Importantly, given that the LOS requested for new development by the City is above the existing service level for certain types of facility, the cost of the new facilities has been carefully apportioned between existing and new development tn the following manner:
1. New development was assigned 100% of the cost for a LOS that is equivalent to the existing LOS within the City.
2. The cost of the incremental difference between the new, higher LOS betngrequested by the City and the existing LOS was then allocated between existing development and new development. based on the relative number of EDUs assigned to existing development and new development
3. The Antmal Shelter has been evaluated under a LOS methodology (#1 above) in an effort to conservatively allocate costs. •
Police Facilities
According to the City, it has been determined that these facilities are needed to serve new development. Currently, existing facilities are generally operating at an appropriate and acceptable level of service; therefore, the costs of the new facilities have been allocated to new development and existing development based on their percentage of the expected facility usage at buildout. Consequently, the costs will be allocated to both existing development and new development. as outlined tn the table below.
Table 16: Police Facilities Cost Allocation Summal'Y
~
- -~ - - - - -- - --- -
Develo:~ e-nt .Type 'Percentage Allocated Facility Cost· ., .. :-it?-! - .to New Development Allocated - -- - ------ - -- - -- Existing Development 73.31% $36,461379
New Development 26.63" $13,234,688
Total 100.00X $49,696.067
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FeeAmounts
SECTIONV
METHODOLOGY USEO TO
CALCULATE FEES
Fee amounts to finance Police Facilities on the Needs List are presented tn Table 17.
Please refer to Appendix A-2 for details regarding the derivation of this fee.
Table 17: Police Facilities Fee Derivation Summaty -~ ---- ---- -·1 I EDUs per . Number of . . . fee per Umt/per Cost Financed :
Land Use Units/Non-Hes. fype Unit/1,000 1 O00 N -R SF
1,000 S.f. by Fees
L Non-Res. S.F. ' on es. • •
--~-----~·---------· - ------ - - ----- . . ----
Single Family Residential 1.00 s 2,354.19 4,155 $9,781,506 Multi-Family Residential 0.80 $1.883.35 736 $1,386.701
Age Restrided Residential O.S4 $1,274.35 44 $56,071
Retail 0.57 $1.341.42 238 $319,336
Office 0.43 $1,006.01 910 $915,831
Institutional 0.21 $503.03 120 $60,252
Industrial 0.14 $335.36 2,132 $714,991
Total Facilities Cost: $49.696.067
Offsetting Revenues: ($100.000}
Total Allocated to New Development: $13.234.688
Total Allocated to Existing Development $36.461.379
Net Cost to City: $49.696.067
Based on the development projections in Appendix A-2, the fee amounts presented in Table 17 will finance 26.63% of the net costs of the Public Safety Facilities identified on the Needs List The remaining 73.37% of the net costs of facilities will be funded through other sources.
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C. PARK FACUTIES
SECTIONV
METHODOLOGY USED TO
CALCULATE FEES
The Park Facilities category identifies facilities that will serve the City's residents by enhancing the community's appeal and quality of life. The Fee Study includes {i) the planning and design of parkland and recreational areas needed for park and recreational facilities. and (ii) the construction and development of park and recreational facilities, including sports fields, ball fields, soccer fields, trails, restrooms, and park beautification needed to serve new and existing residential development through buildout Notably, DTA's analysis does not include park acquisition costs, which are determined separately by the City's Quimby Ordinance.
For purposes of this Study, the Parle Facilities will serve only the residents of the City by providing faa1ities for recreation while enhancing the community's appeal and quality of life.
Table JB: Parle Element
Identify Purpose of Fee Park Facilities.
The design. construction, and development of public park Identify Use of Fee and recreational facilities, including a recreational pool facility and skate park.
New residential development will generate an increased
Demonstrate how there is a
demand for Park Facilities.
reasonable relationship Population growth has a direct impact on the need for Park between the need for the public Facilities. New development and the consequential increase facility, the use of the fee. and in demand will necessitate the improvement/expansion of the type of development project existing Park Facilities. Fees collected from new development on which the fee is imposed will be used exclusively for park. recreational, and open space facilities identified here in Section V.
1. Level of Service for Part< Facilities
There· are many methods or ways of calculating fees, but they are all based on determining the cost of needed improvements and assigning those costs equitably to various types of development. Fees for recreational and park facilities have been calculated utilizing both the •standards-Based Approach" and the "Facility-Based Approach.· The Standards-Based Approach utilizes a faciltty •standard• established for future development, against which facilities costs are determined based on •units of demand .. or a •tevel of service· from a development This approach establishes a generic unit cost for capacity, which is then applied to each land use type per unit of demand. This standard is not based on the cost of a specific existing or future facility, but rather on the cost of providing a certain standard of service, such as the 4.82 acres of park and recreational facilities per 1,000 residents, which is the CUM'ent level ctty of Los Sanos
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of service for the City. To meet the standard of service required. the City will need to develop new park land and open space. Therefore 100% of the costs of land acquisition and development will be allocated to new residential development. The table below summarizes the existing park and recreational facilities located within the City that meet the required standard of 4.82 acres of park and recreational facilities per 1.000 residents.
Table 19: City of Los Banos Existing Level of Service
r·F~c11::y Type. --
- - - - . - - - - -- ----------- -~1
E . t· A Facility Units per !
xis mg cres 1 000 R .d J , es1 ents ------------ --- -~ - - . - - ---- ---- Community Parks 88.71 2.24
Neighborhood Parks 90.94 2.29
Pocket Parks 11.38 0.29
Total: 191.03 4.82
2. tand Acquisition and Park Development Costs
Notably, land acquisition costs are dependent on the real estate market at the time of acquisition. Location. demand for land, encumbrances, comparable acquisitions. and construction costs are a few of the many variables that play into appraisals and negotiations. Each park has its own location and improvement requirements. DTA was able to identify general cost assumptions for new park development based on comparable data for the region. Please see Table 20 for more detail regarding the costs for new parks in the City.
Table 20: City of Los Banos Cost Assumptions for New Park Development $23,841
$23,119
Pocket Parks $1,321
$406.265 / acre
Nei hborhood Parks $369,332 / acre
Pocket Parks $21,105 / acre
Additional Costs
Administration 5%
• In light of the City's Quimby Fee, Land Acquisition Costs have been excluded from this analysis at this time.
Using both the level of service and cost assumptions, OTA calculated a total of C1ty of Los Banos
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SECTIONV
METHODOLOGY USED TO
CALCULATE FEES
$32,768,223 for park development costs. Please see Appendix A-3 for more information
3. Additional Parle Improvement Costs
Furthermore, the Qty intends to expand and enhance existing Qty-owned facilities to accommodate increased demand. The Capital Improvement Plan and the Public Works Department have identified the need for the following park facilities improvements to serve the 16,73S total new residents within the Qty - a new recreational pool facility and skate park. The total cost for these facilities is currently estimated at $13,500,000. Please see Appendix A-3 for more detail on the costs and LOS associated with these facilities.
Table 21: Park Facilities Costs
-
1 Parks Cost -------- - --- - -
Recreational Pool Facility $12,000,000
Skate Park $1,500,000
Total $13,500,000
calculation Methodology
Fee amounts for this element were calculated for residential land uses only, as detailed in Appendix A-3; Each land use classification was assigned an EDU factor which was derived from the number of persons per household.
Importantly, given that the LOS requested for new development by the Qty is above the existing service level for certain types of faality. the cost of the new facilities has been carefully apportioned between existing and new development in the following manner:
1. New development was assigned 100% of the cost for a LOS that is equivalent to the existing LOS within the City. •
2. The cost of the incremental difference between the new. higher LOS being requested by the City and the existing LOS was then allocated between existing development and new development based on the existing and future number of facility units per 1,000 residents.
Based on the development projections in Appendix A-3, 29.69% of the costs of the Recreational Pool Facility will be allocated to new development, and the remaining
70.31% will be allocated to existing development. Also based on the development projections in Appendix A, 59.38% of the costs of the Skate Park will be allocated to new Cfty of Los Banos
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development, and the remaining 40.62% will be allocated to existing development.
Fee Amounts
Fee amounts to finance Park Facilities on the Needs List are presented in Table 22.
Further details on the derivation of this fee are included in Appendix A-3.
Table 22: City of Los Banos
Fee Derivation Summary (Net of Administrative Component) - :
Land Use Type EDUs per Unit Fee per Unit Number of Cost Financed I Units by Fees I -----------------·- - - - -- -- ------------! Single Family 1.00 $7,028 4,155 $29,200,209 Residential Multi-Family 0.80 $5,622 589 $4,139,645 Residential
Age Restricted 0.54 $3,804 24 $167,387 Residential
Cost AUocated to New Development: $33,507.240
Based on the development projections in Appendix A-3, the fee amounts presented in Table 22 will finance $33,507,240 of Park Facilities.
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D. WATER FACIUTIES
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The Water Facilities category includes those facilities used by the City to provide basic water supply and distnbution services to residents and employees within the City.
Table 23: Water Facilities Element
Identify Purpose of Fee Water Facilities.
Identify Use of Fee Improvements to certain facilities including but not limited to, water storage, supply, and distribution facilities.
Demonstrate how there New residential and non-residential development will generate an is a reasonable increased demand for Water Facilities.
relationship between the Population and growth have a direct impact on the need for Water need for the pubHc Facilities. Therefore, new development and the consequential facility. the use of the increase in demand will necessitate the improvement/expansion of fee. and the type of existing faalities. Notably, fees collected from new development development project on will be used exclusively on Water Facilities identified in the Needs which the fee is imposed Usl Table 24 on the following page identifies the faalities proposed to be funded in whole or in part with the fees. The costs provided in Table 24 are based on estimates provided by the City.
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Table 24: Water Facilities Costs
--- --- - ------ - - - ---
,Water facilities Cost - - -- -- ------- - ---- J
Surface Water Treatment Plant (Incl Chromium 6 Testing) $260,615,333 Groundwater Sustainability & Recharge Project $230,000
Valve Replacement $250,000
WaterUnes $3,212,000
Well16 $1,620,000
Water Meters $398,528
wen Rehabilitation $1,560,000
Equipment $479,000
Storage Tanks and Booster Pumps $23,460,000
Groundwater Wells $11,340,000
Well Manifold System $10,815,000
Total $313,979.861
calculation Methodology
Fee amounts for this element were calculated for both residential and non-residential land uses as detailed in Appendix A-4.
The specific facilities required within the Ctty were identified by the City and the Water Master Plan. OTA was able to determine the appropriate allocation of costs to new development based on the expected of usage of facilities at buildout. Accordingly.
52.17% of the costs will be allocated to existing development and 47.83% of the costs will be allocated to new development as shown in Table 25 on the following page.
The Surface Water Treatment Plant, constituting approximately eighty-three percent (83.00%) of the Water Facilities Needs List, has been identified by the City as an essential item moving forward to meet growth demands and to ensure the continued livelihood of local residents. Included in the costs of the item are the anticipated costs of Chromium 6 testing and treatment. The state of California, and more specifically the State Water Resources Control Board. has identified the need to establish a hexavalent chromium maximum contaminant level (MCL) for drinking water. While the Superior Court of Sacramento County invalidated the MCL established by the CDPH in 2017, the court also ordered the State Water Board to adopt a new MCL for hexavalent chromium.
It is anticipated that the new MCL will accompany a new timeline for compliance akin to Senate Btll 385 (S8385) which established said timeline in 2015 prior to the actions of Cfty of Los Banos
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Table 25: Water Facilities Cost Allocation Summary ------------------------------- -- - - " : Facility Cost I Development Type Percentage Allocated i Allocated
--- .. ·- --- - - --- - -- - --~
Existing Development 52.17% $103,010,857
New Development 47.83% $94,458,084
Total 100.00% $197.468.941
Fee Amounts
Fee amounts to finance Water Facmttes on the Needs List are presented in Table 26.
Further details regarding on derivation of this fee are included in Appendix A-4.
0.54 0.57
0.43 Table 26: Water FacUities Fee Derivation summary
Total Faalities Cost
Offsetting Revenues
Total Allocated to New Development:
Total Allocated to Existing Development:
Net Cost to Ci
$4,019,419
$313.979.861
($116,510.921}
$94.458.084
$103.010.857
$197.468,941
Based on the development projections in Appendix A-4, the fee amounts presented in Table 26 will finance 47.83% of the net costs of the Water Facilities identified on the Needs List. The remaining 52.17% of the net costs of facilities will be funded through other sources.
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E. SEWER FACILITIES
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The Sewer Facilities category includes those facilities used by the City to provide basic water supply and distribution services to residents and employees within the City.
Table 27: Sewer Faalities Element
Identify Purpose of Fee Sewer Facilities.
Identify Use of Fee Improvements to certain faalities including but not limited to, wastewater storage, supply, and distribution facilities.
Demonstrate how there New residential and non-residential development will generate an is a reasonable increased demand for Sewer Facilities.
relationship between the Population growth has a direct impact on the need for Sewer need for the public Facilities. Therefore, new development and the consequential facility. the use of the fee. and the type of increase in demand will necessitate the improvement/expansion of development project on existing faalities. Notably, fees collected from new development which the fee is imposed will be used exclusively on Sewer Facilities identified in the Needs List.
Table 28 on the following page identifies the facilities proposed to be funded in whole or in part with the fees. The costs provided in Table 28 are based on estimates provided by the City.
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Table 28: Sewer Faolities Costs ------------ - - - - ' i Sewer Facilities Cost I ------ ------ ~ -- Sewer Line Replacement $200,000
Nantes Storm Basin $1,795,000
Central City Sub-basin $2.298,000
B Street Storm Basin $1,230,000
Pump Station Rehabilitation $350,000
Jefferson Storm Une $567,000
Murrieta Storm Une $161,000
Pacheco Storm Une $453,000
Citrus Second Storm Line $100,000
H - Dlinois Storm Line $286,000
H - Nevada Storm Line $286,000
Jo-Line Park Manor Pump Statton $312.000
Crest Hills Pump Station Rehabilitation $350,000
WWTP Headworks $6,615,000
Groundwater Study $70,000
WWTP - Sludge Removal $250,000
WWTP - Cold Mix Overlay $150,000
Potable Water Line to WWTP $200,000
Solar Bee Additions s1012,300
Equipment $L0SS,000
Wastewater Treatment Plant $4,183,000
Pioneer Trunk $9,303,000
North Trunk $31,681,000
Meadowlands $1,604,000
Vineyard Trunk $1,049,000
Southeast Trunk $822,000
College Trunk $360,000
West Trunk $9,083,000
Total $75,825,300
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Fee amounts for this element were calculated for both residential and non-residential land uses as detailed in Appendix A-5.
The spedftc facilities required within the City were provided by the City's engineer. OTA was able to determine the appropriate allocation of costs to new development based on the expected usage of facilities as wen as numerous discussions with City staff.
Accordingly, 45.22% of the costs will be allocated to existing development and 54.78% of the costs wot be allocated to new development as shown in Table 29 below.
Table 29: Sewer Facilities Cost Allocation Summary
I Percentage Allocated Facility Cost Development Type Allocated ~~-- --- --- Existing Development 45.22% $22,489,651
New Development 54.78% $27,248,762
Total 100.00" $49,738,413
Fee Amounts
Fee amounts to finance Sewer Facilities on the Needs List are presented in Table 30.
Further detatls regarding on derivation of this fee are included in Appendix A-5.
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Table 30: Sewer Facilities Fee Derivation Summary - - - - - -- - - -- I I.and Use Type
EDVs per Fee per Unit/per Number of Cost Unit/1,000 1,000 Non-Res. Units/Non-Res. Financed hy Non-Res.
S.F. S.F. 1,000 S.F. Fees
.. - ------------- - - -
Single Family Residential 1.00 $4,847.02 4,155 $20.139.042 Multi-Family Residential 0.80 $3,877.62 736 $2.855,065
Age Restricted Residential 0.54 $2,623.74 44 $115,445
Retail 0.57 $2.761.84 238 $657,477
Office 0.43 $2,071.38 910 $1,885.595
Institutional 0.21 $1.035.69 120 $124,052
Industrial 0.14 $690.46 2.132 $1.472,087
Total Facilities Cost: $75,825.300
Oft'setting Revenues ($26,086,881J
Total Allocated to New Development $27.248.762
Total Allocated to Existing Development $22.489,651
Net Cost to City: $49,738,413
Based on the development projecttons in Appendix A-5, the fee amounts presented in Table 30 will finance 54.78% of the net costs of the Sewer facilities identified on the Needs List. The remaining 45.22% of the net costs of facilities will be funded through other sources.
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F. SToRM DRAINAGE fACQmES
The Storm Drainage Facilities category includes those facilities used by the City to provide storm drainage services to residents and employees within the Ctty.
Table 31: Storm Drainage Facilities Bement
Identify Purpose of Fee Storm Drainage Fadllttes.
Identify Use of Fee Improvements to certain facilities including storm drainage faalittes.
Demonstrate how there New residenttaJ and non-residential development wtU generate an ts a reasonable Increased demand for Storm Drainage Facilities. relationship between the Population growth has a direct impact on the need for Storm need for the public Drainage facilities. Therefore, new development and the facility. the use of the consequential increase in demand will necessitate the fee, and the type of improvement/expanston of existing facilities. Notably, fees development project on collected from new development will be used exclusively on Storm which the fee is imposed Drainage Facittttes identified in the Needs List.
Table 32 on the following page identifies the facilities proposed to be funded in whole or in part with the fees. The costs provided 1n Table 32 are based on estimates provided by the City.
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Table 32: Stonn Drainage Facilities Costs
------ - - - -----~- - - - --
: __ Storm Drainage facilities Cost I
- - - - /
Airport No. 1 Sub-basin $778,000
Airport No. 2 Sub-basin $3,968,000
Citrus Terrace Sub-basin $67,000
College Greens No. 1 Sub-basin $12,401.000
College Greens No. 2 Sub-basin $6,029,000
Creekside No. 1 Sub-basin $10,085,000
Creekside No. 2 Sub-basin $63,923,000
Crest Hills Sub-basin $3,015,000
Gardens No. 1 and Gardens No. 2 Sub-basin $7,580,000
Gardens No. 3 Sub-basin SU,597,000
Johnson Field Sub-basin $20,475,000
Meadowlands No. 1 Sub-basin $5,126,000
Ranchwood No. 2 Sub-basin $23,650,000
Skylark No. 2 Sub-basin $12,145,000
Walmart No. 1 Sub-basin $7,230,000
Walmart No. 2 Sub-basin $12,792.000
Total $200,861.000
Calculation Methodology
Fee amounts for this element were calculated for both residential and non-residential land uses as detailed in Appendix A-6.
The specific facilities required within the City were provided by the City's engineer. OTA was able to determine the appropriate allocation of costs to new development based on the expected usage of facUities at butldout. Accordingly, 40.60% of the costs will be allocated to existing development and 59.40% of the costs will be allocated to new development as shown in Table 33 on the following page.
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Table 33: Storm Drainage Facilities Cost Allocation SUmmary - --- ---- -
I Facility Cost
; Development Type Percentage Allocated Allocated I
I -·-- - . - - - ----- - --------- - ~ -
Existing Development 40.60% $11,364.504
New Development 59.40% $16,629,864
Total 100.00" $27.994.368
fee Amounts
Fee amounts to finance Storm Drainage Facilities on the Needs List are presented in Table 34. FUrther details regarding on derivation of this fee are included in Appendix A-6.
Table 34: Storm Drainage Facilities Fee Derivation Summary ~- -- -- - EDUs per Fee per Unit/per Number of Cost Financed
1 Land Use Type Unit/1.000 1,000 Non-Res. Units/Non-Res.
Non-Res. S.F. S.F. 1,000 S.F. by Fees
- - - - --- - --- --- - ---
Single Family Residential 1.00 $2 ,958.13 4,155 $12,290,816 Multi-Family Residential 0.80 $2,366.50 736 $1.742,440
Age Restricted Residential 0.54 $1,601.27 44 $70,456
Retail 0.57 $1,685.54 238 $401.257
Office 0.43 $1,264.16 910 $1,150,775
Institutional 0.21 $632.08 120 $75,709
Industrial 0.14 $421.39 2.132 $898,412
Total Facilities Cost: $200,861.000
Offsetting Revenues ($172,866,SZ,
Total Allocated to New De~lopment: $16.629,864
Total Allocated to Existing Development $11.364,504
Net Cost to City: $27.994.368
Based on the development projections in Appendix A-6, the fee amounts presented in Table 34 will finance 59.40% of the net costs of the Storm Drainage Facilities identified on the Needs List. The remaining 40.60% of the net costs of faalities wilt be funded through other sources.
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G. TRAFFIC FACIIJTIES
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The Circulation Element of the General Plan includes facilities necessaty to provide sate and efficient vehicular access throughout the City. In order to meet the traffic demand of new development through buildout, the City identified the need for new road construction and equipment as shown in the Needs List.
Table 35: Traffic Facilities Element
Identify Purpose of Fee Traffic Facilities.
Various roadway improvements including, but not
Identify Use of Fee limited to, intersection and road widening modifications.
New residential and non-residential development will
Demonstrate how there generate additional residents and employees who wm is a reasonable create additional vehicular and non-vehicular traffic relationship between within the City limits. Streets Will have to be improved or extended to meet the increased demand and traffic the need for the public signals will have to be installed to efficiently direct facility, the use of the increased traffic flow. Thus, there is a relationship fee. and the type of between new development and the need for new development project on traffic facilities. Fees collected from new development which the fee is will be used exclusively for traffic facilities on the Needs imposed List.
Table 36 on the following page identifies the facilities proposed to be funded in whole or in part with the fees collected for Traffic Facilities. The costs provided in Table 36 are based on estimates provided by the City and validated by TJKM Transportation Consultants.
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Table 36: Traffic Factlities Cost . - - -~ - - ---, , Traffic Facilities Cost I -- - --- ---- -~ - ~--
Ward Road Improvements $8,095,566
Place Road Improvements $512.709
SR 165 Improvements $13,097,052
Badger Flat Road Improvements $2.899.919
Capri Avenue Improvements $2.429.922
Dove Street Improvements $329,411
Pioneer Road Improvements $2.613,483
Qudoza Rd. Madison Ave. and Page Ave Improvements $1,168.709 Intersection Improvements and Modifications $26,547,290 Traffic Master Plan $100.000
Utility Vehicles and Equipment $745,000
Total $58.539.061
caJculatton Methodology
As discussed previously, Traffic Factlttles benefit residents and employees by providing safe and efficient vehicular access throughout the City. As a result. the traffic fee is calculated for both residential and non-residential land uses, details of which may be found in Appendix A-7.
Fees for roads and traffic signals were calculated for each of the seven (7) land use categories based on the number of PM Peak Hour Trips generated by each land use.
Total average trips were calculated by applying these trip rates to the various dwelling unit counts and non-residential square feet identified in the demographics section of this report. The total facilities cost was then divided by the total number of trips to establish a uniform cost per trip. This unit cost was then applied to the various land uses and their respective trip generation rates to determine the proposed fees.
Expected revenue from new development was also calculated as a check, ensuring that collected fees match the calculated cost responsibility of new development.
The Institute of Transportation Engineers' Trip Generation Manual provides trip generation rates for the different land uses. These rates are estimates and subject to change; rates have been generally confirmed and approved by TJKM Transportation Consultants.
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Table "ST: Traffic Faalities Cost Allocation Summaty - -- - - - - --- -- --- - - I Development Type Percentage Allocated Facility Cost
Allocated
----- --
Existing Development 78.29% $41.071.612
New Development 21.'71% $11,386,452
Total 100.00% $52.458,064
Fee Amounts
Fee amounts to finance Traffic Facilities on the Needs list are presented in Table 38 below.
Again, details regarding the analysis related to Traffic 'Facilities are included in Appendix A7.
Table 38: Traffic Facllities Fee Derivation Summary
~
---- --- - ----· --- - ---
Trip Generation Fee per Number of Cost I
Use Type Rate per Unit/ per Unit/per 1,000 Units/Non- Financed by I , 1,000 Non-Res. S.F. Non-Res. S.F. Res. 1,000 S.F. Fees I ·--- ---------- --- -------- ---- - ------·· - ----- - Single Family Residential 1.00 Multi-Family Residential 0.69
Age Restricted Residential 0.54
Retail 4.98
Office 1.00
Institutional 1.21
Industrial 0.85
$1,303.58 4,155
$903.U 736
$'703.93 44
$6,495.18 238
$1,300.86 910
$1.574.04 120
$1,104.71 2,132
Total Facllities Cost:
Offsetting Revenues
Total Allocated to New Development
Total Allocated to Existing 'Development
NetCosttoCiiy.
$5.416.294
$664,953
$30,973
$1.546.230
$U84,184
$188,535
$2,355.283
$58.539.061
($6,080,997}
$11.386.452
$41,071,612
$52,458,064
Based on the development projections in Appendix A-7, the fee amounts presented. in Table 38 will finance 21.71% of the net costs of the traffic facilities identified on the Needs List.
The remaining 78.29% of the net costs of facilities will be funded through other sources.
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H. GENERAL GQvERNMfJfi FACILfflES
The General Government Facilities category includes hbrary facilities and other faalities used by the City to provide general governmental services.
Table 39: General Government Facilities Element
Identify Purpose of General Government Facilities. (Combined fee for Corporate Fee Yard. City Hall. Public Facilities and Community Center).
City Hall expansion and rehabilitation. plus other facilities used by the City to provide general governmental services.
Identify Use of Fee Table 40 identifies those facilities that serve all residents, employees. and development within the City, regardless of location.
Demonstrate how New residential and non-residential development in the City there is a reasonable will generate additional residents and employees who will relationship between increase the demand for City Hall and general government the need for the functions. Population and growth have a direct impact on public facility. the the need for government services and facilities, thus a use of the fee. and reasonable relationship exists between new development the type of and government facilities, which will have to be acquired to development project meet the increased demand. Fees collected from new on which the fee is development will be used exclusively for General imposed Government Facilities on the Needs List.
Table 40 below identifies the facilities proposed to be funded in whole or in part with fees.
Table 40: General Government Facilities Element --- - ---------- -- -- General -Government· I ~- - ---~ Cost . City Hall Expansion and Rehabilitation $7,249,050 City Hall Parking Lot and Landscaping $1.751,750
Council Chamber Upgrade $200,000
Network/Server Replacement $215,705
Corporation Yard Expansion $1,350,000
Total $10,766,505
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According to the City, it has been determined that these facilities ar.e needed to serve new development. CUrrently. these faalities are generally operating at an appropriate and acceptable level of service; therefore, the costs of facilities have been allocated to new development and existing development based on their percentage of their expected facility usage at buildout.
Importantly, given that the LOS requested for new development by the City is above the existing service level for certain types of facility, the cost of the new facilities has been carefully apportioned between existing and new development in the following manner:
1. New development was assigned 100% of the cost for a LOS that is equivalent to the existing LOS within the City.
2. The cost of the incremental difference between the new, higher LOS being requested by the City and the existing LOS was then allocated between existing development and new development. based on the relative number of EDUs assigned to existing development and new development.
General Government Faalities
According to the City. it has been determined that these facilities are needed to serve existing and new development. The costs will be allocated to both existing development and new development, as presented in Table 41 below.
Table 41: General Govet,unent Facilities - Buildings Cost Allocation Summary - - -- -- - ~ I Percentage Allocated Facility Cost- I Development Type to New Development Allocated I i - - I -- - Existing Development 61.04% $S,24S,04S
N~ Development 38.96% $3,347!341
Total 100.00" $8,592,386
Fee Amounts
Fee amounts to finance General Government Facilities on the Needs List are presented in Table 42. Details regarding the analysis related to General Government Facilities are included in Appendix A-8.
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Table 42: General Government Facilities Fee Derivation Summary - - - ~- -- - EDUs per Fee per Unit/per Number of Cost Financed I Land Use Type Unit/1,000 1,000 Non-Res. Units/Non-Res.
Non-Res S.f. S.F. 1,000 S.F. by Fees
Single Family Residential 1.00 $702.07 4,155 $2,917,072 Multi-Family Residential 0.80 $561.66 736 $413,546
Age Restrided Residential O.S4 $380.04 44 $16,722
Retail 0.00 so.oo 0 so
Office 0.00 so.oo 0 so
Institutional 0.00 so.oo 0 $0
Industrial 0.00 $0.00 0 so
Total Facilities Cost: $10.766.505
Offsetting Revenues ($2,174,119}
Total Allocated to New Development: $3.347.341
Total Allocated to Existing Development $5,245.045
Net Cost to City: $8.S92.386
Based on the development projections in Appendix A-8, the fee amounts presented in Table 42 will finance 38.96% of the net costs of the General Government facilities identified on the Needs List. The remaining 61.04% of the net costs of facilities will be funded through other sources.
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SECTION VI
SUMMARY OF FEES
The total fee amounts required to finance new development's •tatr share· of the costs of facilities in the Needs Usts are summarized in Table 43 below.
Table 43: City of Los Banos Development Impact Fee Summary Single Family $1.258 $2.354 $1,028 $6,!17 $4,847 $2.958 $L304 $102 $803 827.571 Multi-fanuly $1.006 $1,883 $5,622 $5,054 $3.878 $2.367 $903 $562 $638 S2!.!m Age Restricted $681 $1,274 $3.804 $3.419 $2.624 $1.601 $104 $380 $435 $14.92! Retail $717 $1.341 $0 $3.S99 $2.762 $1,686 $6,495 $0 $498 $17,G98 Office $538 $1,006 $0 $2.70Q $2.071 $1.264 $1,301 $0 $266 $9,1,46 Institutional $269 $503 $0 $1,350 $1.036 $632 $1,574 $0 $161 $5.524 Industrial $179 $335 $0 $900 $690 $421. $1.105 $0 $109 $S.740 Cfty of 1.os Banos
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APPENDIX A
Fee Derivation
Worksheets
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l•I Numbor 01 Unlls
/1.000 Nan-Rn. SF 4,155
738
..
238
910
120
•-!Ji
Olmft•~
1 7.0,000
• z
•
7 105
40 5
3 3
3 2
3 50
• 2
8 • 23
21 1
l
---
...
lb! T-Fulln
EDU'I
L'l. t l.l,
-
-
APPENDIX A-1
CITY OF LOS BANOS
FIRE DEVELOPMENT IMPACT FEE CALCULATION
lbl -perUnlt/Emptayoa
- Ml!!D Non-Ra. SF
3,51
2.81 1.90
2,011
1,50
0,75
n•n
F-•-
lntGQfDted fecllll.y
Squerefeet.
Unll>
Unit,
\nllftgf"BUKIFacillty
!cl
r...-F-,.-fOOII
To-~J~
""'
(C(
EDUsporUnlt
I - 1 000 Ncn-Rls, Sf
f.oo
0.80 0,54
0.57 0.'3
0.21 n,.
~- ~- u ,51•.a,e $1149,000
t4Alilll.OOO SZ.4011,000
11.800.00IJ
$1)0,000
SJIJ0.000 1341,tm I
mu.ooo
s,~.ooo
SG,500
SJ3.00IJ
53,000
121.0IJO
tlS,000
130,0DO
SlZ,000
$2,232
$106
S14,l38
$9,072
$9,200
$19,593
~
SS.6011
"O.C!Il-l!.17
~-Id)
~"! .. ,.
tu.1...,....iFoctlttylloyondEla!fllflSll\'tcoe_,dSplltlloL>,-, -llldElllallllg, pllllFICllflYUllltS_1_1DNMa-lclpmtnt """"in!I NewDl!~imllrU
~
1.uemcA!iiii:ii9da.-Elallll9111d,-w~
biiu,,g
lp.)w°""'""\nrfflllOf row
...._., mu.
1Ulfl
...!.m
IAIIOJ
l_Num,_ar
1111
,. .. !..!!!
~OfT«II ... .. 7011ft
29,ll!I
~.,
f0:101! u ,,.
~f.itllySplk
IIIIWNIMli!.-EloWIQ
-~
ifli
.....
;;-;";i
I!S!!I!..,_
1491;~ ,111 ,,._. , ...
in:.~ .,
Id)
TCUI
~olEDUI
l'll"I!::
t,155
6R9°
Zt
136
389
26 ""
-,~ 0.18
3551.81
~-
0.89 o.36
0,11
0.36 ., .. 18.68
l.12
0.89 0.53
0.53 0.53
0.36 0.53
8.89 0.11
0.36 I.AZ
1.60 4.09
J.H
1.25 0.18
le} ..._,_~ .... llJU
lloyoncl~
!ln,
~fllGiH\Y
~tOllll,tb
NI/I
""'
(lJ
lnl9grRd FICllftY lloyoncl Eldlllng ~•~= kl 11 •,-.
Total ~~I
0,,
0.ffll.
lgJ
T-~
-b~•~""'""'
c,t;
215
alr. 11 '" ...
1~
I!'
sll~ ~
i
11 'l "" .. ii
~
i
I
II
u~Q:
p
s:JI:
,r
4 ir ~
j
lj
Ji! i!
I'
I
'ij- p J? ~ .. I
iJ I
Q
z
Ii ; :::>
5 ~~
Z..J::E
clSf
!mt;
'7itt!
·u
~
~01-
u,..__
(.)
~~
a1
g
II.
t
Q ~
;;:
l!i!
I
Ji
I"' ?".:
II
11 ls
I
Ill
I
,i ii
I
I
I
I
B
I
u :u:i ~ ; : i I
t
l
i: i~ll ·;r l f
,i
J
h I ..
0 I
I
8 ~J
~:: eu
I j ~--~-
~j
~! f ~ :!
I ! l
l
I
J
I!'
I
I
i
J
z.
I:
i
!
I l f I :i
I
I
I I
!
I
I
I
,j f
r'! I I I I i l
§ ~ i
a I l ii a
216
dta
E:rtqulpmlllt.
APPENDIX A-1
CITY OF LOS SANOS
FIRE DEVELOPMENT IMPACT FEE CALCULATION
~ M ~
!ldlllng TOIII"- ~~10IIII .,_ 11111W ToNM~PI - ,1-,b
[di
,,___ -~ fol
UMoporll!II
a.,111111ildllll!O
Ill
.-11eoo111-.
SINlc:"3tanlllldl4J
'-- 'L4'-~---~·-- ~-- - ·--: .~ __ - .- •. ,_,. __ ,________ ...., .......... ________ =li:..----- £.ZS.-Ftellllyancl&llllng,...___,.Splll.--Ntw..il,,..,,.. plul Ftcll"7\1Ma.._lOOIIIO-~ Nl#lllllfct ......,..ofToat
ll!YI lW! r~,ag u:ni NUll'4
11=,~'t"Mlll ,11::z__ '!Ii' __ ~ 1on.cri ~
E.3Colt-llMW8Ml'llotlng_,d_DIMlop,,tnt
Teal-al' ~of
(,d,tk,o !!• m
!a:1111 nn ~~ ici
NffW°"""'tgnw,t lUclSl ~f,t olfl11.
roi.i 211100 !OOflll'I
--- -4
lo, It.I [cl
bllllng T-flltln Coot-.it-100.
....--- EllU'I TD_.....,,,......131 - - - - --· • ,, bl 7 F.zl....,-hdl~lleyond&l9tfiiilSINlct-5plft_,,.,_llld~.p1Utftell1tyUnllll!i-..110111holtwi~ b1•1ng ~.-w-111,1 ...-
~
'.SC...-.i b!Mlng--Dowkapm9nt
~ ~ · · . ~
- i
-- u..r ... SlngloFomUy
M1J1llre1nt1y
Aga Kestrlctcd
Act.all
omce
lnsdWtlcnal
lnd,,,.,ill
Tot111 Ancx:aad to~ Devetopment
OutskSlf undlff t ~ ~lit.
1~ - --
_.,, mu,.
n.ai
l .«J7
TCIII Numbor et
EDI/SPll'"""'1 1""" Non-Rn.S1' 1.00
0.80 0.64
0.57 o.•J Q.21
0.14 ........._..,,_ mu.
102&'11,
IIDl I,
-
,,_,....,,
CGOl-1-
111.815,!05
~
, .. ..,.,,., .. --· - Sf
11.257.17
$1,000.21
S6B0.84
$716,88
SS31,51
IU8,7S
'179.17
--M,dfalllll'!I ~-- Do , .. _ .. ,.
11ft10
•~ n
·1 ti1;111
f!!:!!D£5!!i '1!11Ul5
120i»1 _ _fl<!
ldl Prl>PONd- _,_
1000EM
--Ind-.. ~·~- - 0.11
00!
"'.71I.
Numw<llumtsf
IOOONor,.""" Sf 4.t!iS
t u;
44 238
910
120
2132
..,,,... lilloail!NIOOITo
llm °" "'"'"-NIA ,;t,'W>
(al
---.,.,mu
lllyanclf-.a ____ 11!H O!
....-~
--1005To
NIA
--2.!1
Cu,l (Jfl
fl!!/.
12.101,13
Ccot flnanctd"" DIF
$5.22U2l
SW).8B1
$29,957
$110.810
$489,297
$32.1111
lllll ... 5
11,010.845
<> 941,112
I IDOll.017
TaWUnllll ~lo111.IO
___ 11_110
llJ
--~Eldltlng
s.woe-1•1 ~,•t• i 1100ft
r-...-~i a11
U9.
1111 TaWPrl![IOIIII
NlwUnlll
•i,
l!ll
,_,.,._
-~Fodllty l<i+I
217
dta
1!<11,.;; T-;£•. ·"·'·• ~-~· PrimerySt11t1on 0
Animal Shcltar 2,600
Ranna F&citltv 2 fleet VOhlCIO:$ 50 fl'1181'mS Steck 2! 0 Pollce faclll"'•'•ot
-... -, .... .. _ .. -.
1•1
Nu_.elfllnllS Lllndl/U "- /Nan-Res. 1 OOOSF
Single Femlly 9,758
Multifomily 1,753
Agollostrlcmo 239
Rctl!ll 555
omce 2,123
lnsUtutJonal 279 ._ 1trlal 973
'"""
Foclltw T- CluorM•
Prtmary S1at1on 0
"nlmel Shelter 2,600
R&f'l98Fiiclli!y
FleetV- 50 'flreorms Stock 250
f'olice fedlltJes
... ,, .. ,Tri I =
!el N-orun1t1
landUseTe I Non•-1,0IIO SF
SlnAl&famllY 4.15!1
MuWremitv 736
Ace RestrfClCd 44 R(?lail 238
Offk:o 910
lnstlwtlon&I 120
Industrial ~ !l1 TOia!
APPENDIX A-2
CITY OF LOS BANOS
POLICE DEVELOPMENT IMPACT FEE CALCULATION
t-lldflhfUnns
Square Foa~
Squam Feot
Acres
Unit,;
Units
[bl [cl
FlnonsSorwdporllnlt 11000 Non-RaS'F EOU. por IJnlt tPw1 000 ..-:Ra.SF 3.51 1.00
2.81 0.80
1.90 0.54
2.00 0-57
1.50 0.43
0.75 0.1.1
0.50 0.14
Quantlt,/ ,_,.,units IIOl'1 IWl(nu.
SQuarofoot 0.00
Scuerc Feet 195,76
AcrM 0.17
Units J.76
Units 18.82
=· I
[bl lcl
£mpl-per EDUsporUntt Non-Rel.1.00DSF lll!!. l.!!!12 Non-_ SF 3,51 1.00
2.81 0.80
1.90 5◄
2.00 0.57 1.50 0.43
0.75 0,ZI
om 2,]4
IV,,,.._,_,,~_,,_,_",~-~~~ ......___ .... _._.,_~ - Fa,;111,! Tll!:!! ~!!l Pacll!Sl llnb Fo<ll!!J: Coll PrimsrvSteUOn 111 42.000 Square feel $J4,IW0.000
An1Tl'l81 Shelter lZ,943 SQUere Feet Sl 2,500.000
Ra~eFacllily 2.Z5 Acrn!I $500.000
AootVchlcks, 50 Units $1,745,732
ArearmsStock • 250 Units $150,335 Ot&ett•· -• RPVlllif'M""I , 11 [Tomi e.n.. rltl'l,llea Fattlll~ uo [di
TOIIII NumlllrofEDl/9 11!• cl
9,758
1.402
129
316
901
BO
708 ,..,.,
l•I TOia! Numli•cfEDUs
•1•,9
155
589
24 138
389
26 ,m
1!!!: t,OOO
~
EDll9 1,470.98
2.302.31
0.40 8.89
44.47 218
dta
.... , l'rlinlri-••.-111
1•1
Eldstln!!SqulN i:- pitr 1;1100 El)\11
',_1l,,IU
_:J_t•
lbl Total fulllre
EDUI
_;_f\.t._
APPENDIX A-2
CITY OF LOS BANOS
POLICE DEVELOPMENT IMPACT FEE CALCULATION
Joi SQuareF•A1-100K To--.-....mont
l•l' lbl
(dl
"'-~
--11100rollo
1.!m_'l'I
[A.Z$Qlllr9Fioiliii,oiidbiiwiji5onlce!iiiidm-dSolltllo<Oiioon~,plusFecUit'iUrilio1lfoc111111'10tJ!l,ta-Dav810IO'llllllt SGlar-.FMSl,llt
Numbltof ,.._a'Talal _,,....,lndfldlllnQ
- ED\l'a Elll1, -••K
ExbUng 1:us1. 70.28'l(, ~•11
!:lm l!l1.':!:ll!!l!!!!l!l!!! s~n 29.'/41', 1l ,4!!!!!!i1 Tatel ~ 11tll91 JOOOIWt ... ,, ... ,.,.,
.U 0oot Ai1--.Eldllln!lllldlflwllMIOllffilffl T-N-ol _ _,,..,. ,._,,, .SiJIMnF• 0.-- ~"""'Cl 29,500.40 70.2ft
NINIOow..lor;ffl.lffl. 1!.•RO.IIO ;,;; zc111 Tou,1 <1 l!11VUk• !!!!!Ill! Ii g
8.1 Mlmilsiiikii
1•1 1bl (cl (di
1!ldstlnJI Totll l'IAUN AIIOceMd 100!I ""°"" ....... ....,,, __ EllU'a Tc,, 1M, oewtOl)fflll1I Slar1dlnlllll' 1,!!l!!~ ~ bl UX>O fDU's
11>$.l~ 1· .. f ,., .. ,, J1
e.2 Scr.a-. Fiiii BMnil til•lncis.vioo rnae.iw-i u... ..... tiiiiiinii.iilinriciiitv uiiiiiiinaoi&d idbiio lqunfwtlpllt
ttunwor "---ctTGlal llotwNnNaw.-lldlllna
1 @!!al
:,,212 IO
&!!!!! ll!'il -,. .m, ,1 J00.001I ,.,1"!14"-. 1;;----~-- T-Nolfflbltd Ptrclnllaetit ~ "•.1
~ ~ tm.
~
lol ~FMI: Pll'!DU ~-.m Ml:J'!l
5quo,.,-
An-iacllOIMTo
t!!!!l>•illDP-• NIA _j).Otl
SGunFM AIICl>Cad100!llb
NlwO. II ••* 1{/j\
1,m.111
'" Squa,9FaetBev,,ndEmt11111
~Standard t,t• oi[ lnm
T-_,_ Fwtl Nlacltad
29,509.40
1MB().80
!?.
T-Scii..-.-1
~ 8,320.59
tl
T-IPIOIIDNII
-SQuaeFNt
__jgffi
<liil'IDlOO
[q)
T-PnlDOtlld ...,.~.,_
lnl
219
dta
~'-llltii
f•I E.litlllA
1.0 --00EDlh
OJ.1.
lbl TO!lllFulln
£DU'S
APPENDIX A-2
CITY OF LOS BANOS
POLICE DEVELOPMENT IMPACT FEE CALCULATION
lcl -~locol8d100li
ToNtwl>Mllopnec,c .,.~
~
tlJ Prl)po,ecf"""""
lllenderd .... IGOOIDIJ'il
P<n
C.ZAcnlJ!ao/DndEldsllrll!Somce - Sollt.._,_ ....,EJ,bij1111, ___ , lllili to Ntw <i;tl""
l,ii-..,.~~
·a,ai
7 JocM8d ExlltlnQlnd .~ .. -- . . I'-" ceot"' --·· -··· = ~ 1ment
-
D. 1 FIGIII; Vehicles
n;n ac11t!v Untts
~-
1•1 ExlstlnA
UnlaJ.llDDn'IIIII '-
ui'
b1stl11A Servi .. Sbll'ldlrd lipllt -
D.3 Colll All--tidSllnAlndNIW
---- flristlnq
-~ow Oevtt!9rment Tomi
Numberof . .,. .. fJ.?87.
5111?. T,i,'ioi
Tot.ti~
o~•
IIA
.,,
lb)
TIIIIIIFutln
Ew.
, f1h
H-ot {DIii
ll.M
Tota1Numborof - .llnlll
:ill:ifi ,a_l,.
".:.O_W
~oflalal lllllo
70.2ew.
-2!!,M!I,
~of
a-Altooitl.o
40.~Zll,
59,4611,
[cl
llnl1S,.._100li
ToNtwDellll!Clllllllffl
!•l"ll!) Zl,1~
IDl>ffllllt
,....,,_.ofT- EDU&
70.2611,
,c
~of
!;!!!,~ !O.~lli
5~~8·
----- !Wll!/'_
-Spllt 8otwwf1 Nwt JWld f2M:tnn••
11,n
s:-11-,,coiit -~ !lt'J7~~
-
,,__ IOI
--- ,,!!!!li!i!&! It -I\~
FIIClllty~Spllt
_,,_andEldotlnQ
I!!!!!- "":>0.l:fi
Z!~! """
f!!i!!:J:Cca 1707,ll'T EitJ.1U115
_jLJ,t ~_J U
!nl
AorelDOtft>U
8-1,dE~ ,9l•lilll
"
NnllAllocara<i 1d To
~
!'.""
(OJ
Unlllllll'EDU
lle'/OlldElllllr1!1
~1-eJ
'll'
Fldllty Unlla All-lOOliTo
- O..!!Ofiii!IS NIA
~ ,10
I~ -e.to<ld
EidlUn!lS--~ :..i•int • ~
l'Jll
T-MtM
~
m ~BIVol,d
001
L~
Ex1111111S......StanClll'd 1!!!'1•111!!!!!
~ .!!•
TOIIIIFacllltyunllS
-20.l'I
18,1,
[qi
TollllPrllPO'ld
NtwFac:111\vAlnl I,,
lq]
Toal~
IIIWFacllllV 1/nhs 1,.1,\ ..
220
dta
LHlo•,.,.Sioclt
!•l
Eldlllnl!
fnmrnsSliockpor
1,C!!!!ll!!!!! 1f..ft
LIi Ficflfty lliilli Blriai,d Eil9tlll!I
Deo.lllloco1IOCI ........., e.ilu011-NINiDeiiil-
----
Elcf5tinq
NewOew!ot_""'"'
~
Fac:ltft_y_ J _"'.,.
Polle. Facilltle,
.~ t __ __'.!_~'_'!~ ,,,,
Tallll
• .. - LandU...TSlnqle Famil'tl
Mu1t1ram11v
Aqe Resl.rlctcd
Rotall
omce
lr>Sliwtlonol
1-,o.11Jel
.. . ··-
Total Allocated LO Now Oevelapment t\.,h.l..ln f•......t l.., "'·- nno:/NIII • Tallll •-r:11 .. Natw.
. .. .. . ..
lbl
TG111flllaft
EDU's
_.,,
IUD,
~
T-llffllbwf//f - u...
..
101.JU
H,,lll_
APPENDIX A-2
CITY OF LOS BANOS
POLICE DEVELOPMENT IMPACT FEE CALCULATION
!Cl
Unllr Allaeli.d 1~
ToNewDIMlopment
lat'""
.......... el/fTOIIII
10JMlo
~,!
~of
,o..,,.
~'-_~ft
Colt,._
ID Haw °""91opn!ora
$13,234.111!8
11 •_EDU, per Unit/ Nan--.s.F.
1.00 D.80
0 .54
0 .57
0.4l
0.21 ft
[di
ProPffld~ ..._PW
.!..!!l!e!El! ... Fecltl\'I UIIIIISllllt
_._llllll!DllllmA
r:-e16M"i1 Sll'18
~
T- FuulreEDV~
5.f,I.<
l ,r.,"
feosPol'Unltl 1000--.s.,. SZ,354 ,19
$1,883.35
S1 21 .35
$1341.42
$1.006,07
5503.03
•335.""
(1) Assumo., OR5tnUnp Aeivanuas wm bo opolled lo p11y dobl savico en tho propo~ Prlmerv Stet/on. lndudes Measure P.
Ill)
UnllSPWEDU
8-nd~ '_gu\
,~- Allocaled 100I To
ec.i.
SZ,354.19 ~
.,-,lll_
Number ol Unlllf
1000 Nan•llas. $.F,
4,155
735
44 230
910
120
'1l >
1n
Unh:9119ycr,c1 DM11111 S1Nic.Slendlrd
!bl•;.ei l11'Wtn
t.,..1,11,mw11n1a
Col!Flna.-ll!Y Dlf
19.181.506
$1,386.701
$5S.071
$319.336
$915.831
160,ZSZ .,,.,,,., $1.!.234,888
138461.llO ... 081
IQI.JO
!4~?1!
(Ol TO!all'IOIIONCI
NtlWl'lcllltvUnlls
.:.U!l. i_!!:t
221
dta
APPENDIX A~3
CITY OF LOS BANOS
PARK DEVELOPMENT IMPACT FEE CALCULATION
r-.tJY,
Community Pa!'M
Nei\:lhborhood ?atkS
l'ocketParl<s
"
Lllnd lJ5II T w,1,e
SinQIOfamlly
Muttl-faml\y
IAnoRestr!cted
Total
Factll, Tv~e
Community Perks
Nelgh00rt100d Parks
f'!1cketParl<s
LandUseT, e
Si~leFamll'f
Multl.famlly
Ar e Rewlcted
Total
Facilk, T , pe 131
Commu,,ltvP/ll'b
NaiqhbOmOOd P•rkS
Pocket p-,.1.
•• • , 1•
Faclllt, T-,,,e 141
Community Perk.$
Nelghbortrood Perks
Pocket Parks
Total
..... ~ ,_.
Fac.llitr T 1118
Recrutlonel Pool Focill
Sl<ON! Park -- .··;
Tdal
~
fMJlh' f Units
Acros
AcrM
Acra_!l
D ui111lil
88.71 90.94
11.~
. ~ . -.. :,'II ■ ......
NumbOr' or Residents
3◄ ,251
4,922
45◄
JQA~
fatlllr, Units
AcrM
AcrM
Acres
~
Number or Resideflts
14,584
2,068
84 16TJ5
F~ltr, Unlts
. -
Acres
Acres
Faclllt Units
Acres
Acres
Acres
. . .
Faclllt Units
lntl!!lrated Faci lity
lniaw,ttad Facllltv
N1,1l'T'IOl'!r or Un•l.l. 111
9,758
1."l!,3
?JU
11•~
0\Jllntit
88.71 90.94
11.38 NutlO'RI <>I un,u 111
• .155
736
44 -4 :• !i
Actas Be\ni j Acf1uirecl •
31.46 38.40
4.81 Current Oevr.iln.. ,meot
0 1
Re,sldonts ,.,, Unit IZ1
351
2.01 1.80
NA
Foc:llltyUnlls
er 1,000 Residenls]
2.24 2,29
0.29 Re,ldent> 1191' Unk 121
3,51
2.81 '·"" NA
Facllltv Units
~!.000-ntS
2.24 2.29
0.29_
tand Ac, ulsltlon 1,er Acre 151
so
so
so
fu,ure Deveto.,ment
1 2
EOU, ""' \JMII
1.00 O.IIO
o.~4
NA
E0\151 er Unit
1.00 0,80
n u
NA
'If ,11 11"1'
F~b_,_fl<!w ~
3).46
38.401
1,1!1
Acres Beln•1 Oevolo...O
37.46 38.40
4.81 Rulldoul Po. ullltion
56.362
56,382
111 Pooulalion astlmoros b<Md en catllornla Dept. ol"Flnonce. Domo!ll"•Phle -an:h u,,n • Report E-5 Mav1, 2017. (2) Residents per Unit bo,eO on Amertcan Communky Survey (ACS) 2015: data comm from Ule U.S. Cemu, a .. -... (3) EstlmatB5 b8'"d on current Parks Inventory as Identified within the Los Senci Genorol Pi!Vt l1'ih'l1
Numbm- or EOUo
9,758
1.402
129
1'!<
Tel81
Number of EDUs
4,155
589
24 4,768
Park Deve"" fflM I ,er Acre (81
S40ti,265
$359,332
$21105
acillty Units
i er 1.000 Ra,ldertt5
O.Ui!
0,0◄
(4] Estimates based on cost assuml)tions for park lmorovament cost,; In other areas of thfl Cermt111 Valley as iefentlfled by Gooe1w1n Consutlinq Group f:ee Sludy. .(5) In ll~ht or tt'le Cllv'1 Quimby ree. Lend Acquisition Cos~ hllva been exc:ludec;f ft"om this analysis. 16) P8r1< devaloomenr. cmts have oeen 115C8IOl.8d aa:ordinA lO the Construction Cost Inda• (CCI) ror FISCAi YMl'5 2006-2017 .
Pl P/annln~ anCI 00s~n Cost5 have been estimated to be approximately 81' or daveloPm.-nt costs. as seen In other Callfomla communities, [SJ Admtnistretlon costs h&vt. b&on estimtJted ar: S'K, to oppropnetely reneet Citv StJlfrs time.
Total Fa:llltv Cost
Pk!innlnt andOeshin fOftl"Acra) m Admln~rnnlcn IS'KI 1111 ror Naw Davelo lfflent Cost. • rEOU S23,841.JJ S20.l13 $16.874,137 SJ,539.20
$23,118.87 S18,467 $15,781,239 $3,309.97
S1 321.08 Sl 055 S112 847 S23.67 ,,..-~, --~-■
Fn<U ,,.,F.rdotl TQlftlF'KJI\ICISi
t>11 New ~IOhment l"ec,l1ht Cost 10(' Now Ol,,,,i•lc>rtm~ Co,t ,,... EDU
29.691' n z.000.000 S3,563,020.JO S747.31
59.3811 $1,500,000 SBS0, 755.09 $188.83
'13 M U OOO ....... OT7 $1$5.00
1,-;:m•?r:::J~n .. _ ~
222
dta
Surfeco WotC:1 Treatment Ptam {Incl. Chromium 6 T,
Groundw~rer Sust.ainablHty &- R«hargc Prc?]cct
Valve Roptat;ernent
Wotarllnl'tS
Well16
WamrMMOH
Wen RerntblllUllfon
Equl..,_
Storage T~ Md Ooost8f Pumps
GroundW!Mer Wells
Well P/,11nlfold S stem
LandlboT·
SlnglcFnmlty
Mult•amll),
AyeR9'51tlr.tOC'I
Rel:a11
Olll<O
lnstltutlonnl
~ 'l"~ jgl '1'01111
Sortaco WIJt/:8 Trtu1tment Plant (Incl. ChfomiUl'TI 6 T, 11GmundWII\M SUstalnabtllty & Redlorga Pf(lject
V~lve Raptecarnont
Wa1erUnM
Wolll6
WatcrMetel'S
Wen Rchabllltallon
Equlpmant
Ptpetinca,
5c.orove T11ntt.,; ftM Booster Punlps
Grcundwat~ Woll!!,
I
W~II Manlrold '½,stem ,_,..,,
LandllleT_.,.
Shlglof1mlly
MulUramlly
A!F Rewic.led
Re1"al1
0111<:e
lnstlluliunnt
l•I Numbordllnlll
1.t!l!!Sf
4 1,~ --
... ,.,_dlbilla
11,0CJQ~Sl' ,USS
716
4•
Zll!
910
IZO :r 'll ll'll :rr1111 ______________________ .l,.!.!,! .r-~ SurfBW W11ter T1eatml!nt Pl&nt (Ind. Ct,,om!um 6 T, Gtounawotor Slnl:ftlnab111ty & ROCh1rgo Project
Valve Roi,l11t:1trnr>m:
Waterlines
Wall HI
WaterMccor,
wen Rohabllltalion
Eqvipmont
Storage T111nk,: end BnoSter PufflP'5
GroumhNetarWoHs
Well Mmlrotd System
Ofl"Mtt•. - . ,un
Ou-•
APPENDIX A-4
CITY OF LOS BANOS
WATER DEVELOPMENT IMPACT FEE CALCULATION
lntf>Urated Faclllty
lnlll!Jrtltftd faclli1;y
lntegretad Faclllty
lntogratcd Facility
lntcgretQd Facllll.y
lntogratcd Faclllty
lruegrated Facility ln1ograted f',lt.ll!ty
'"1ngramd hdlll"j
tnregrat~ Feiclllty
l~n,,,rated Facillt
!bl
--.... Untl /10CJU
3.51 Z.B1
uo
Z.00
1,5()
0,15
o,so
hc;@!tr l!Ytz
ln1cgreted F1teltlly
lnlnlJretad Facility
ln1agretad Fac:lllty
lnlRgl'ltRd FSdllty
lntag1eted Fedllf!J
Integrated F1tcilil"J
lnuagr,te:d Facility
ln~ated FICility
'"tagr•ted fedllty
lntagratod f ldHty
lntDgralad FIIC!llty
lntf'I! rated Faclllt1
!bl
-porllnlt/E~
l!!!: 1.!!!!!! -111. Sf
l.51
Z.81
1.90 2.00
1.5()
0,75
fecll!!J I!!!!!! 1n1i,gMtROFIIClllty
lntegr4tod Fscllll'/
lntogr•~ hclltty
!ntegmlftd F111::lllty
lntogn!lled Faclllty
lnt-,gralt!dfeclllty
lnt99111led F'eclllty
ln"'tJraU!dfacilll)I
lr\tvgrauxl Fl!ldHt_y
lntog!Olodfacil<t)'
lnt11V11rtld Faclllty
!di Talal
-dDlllt . ·,
---- 9.14
I
Quenll\y
I!!! ,,ooomu.
I
I
l•I le) T- EDU.porUnlt -dtous 11!!!: 10IXI-![ 111•1~•
1.00 ... ,ss O.llO 5"9
0.5' 24
O,S7 131!
0.43 3B9
O.ZI 26
-
i !UIE
1152.193,911
~ !!!z Coll 1!!! 1&22rou,
--018
mo.ooo 0,18
S250,000 0.18
S3,21Z.UOO 0.1R
S1,61.D,000 0.18
1391!,528 0.18
S1 ,Gfl0,000 Q.18
$479,000 0.18
SlU60.000 0.18
111.34n<D> <UB
S1t>.ff1S,000 0.18
Taal-wllllln 1
Z12Z4
:,,3311
:106 1
3$91 Z.091
9S
1.m
--- ~ '"
3'189
5442'6
223
dta
APPENDIX A-4
CllY OF LOS BANOS
WATER DEVELOPMENT IMPACT FEE CALCULATION
G.1Woll--
llll blltlllll
~~ .... U_II_
(bl ,., .....
EDU'.t
,._.,
(cl
lllllglllllllflClll!,yAl-lOIIII
ToNMDMloprnonl ~ ••1 -
G.Zl~Foc:m.,BoyanO~Sontm-ndorcfSplklliiiiiiwoii-ontl~.ploaf"""'U,,..- J G.JCaot"11ocmd-E-.,ltld-~
H.1
l•l E>lolltlg
~~ ....
_,,,
!Ill!'!.
1!.181
(bl Talllfutln EDU'a
11.2~r-.,a.,o,111Exlltl!IQ--Sp111--011'1 falll!i!e.-p1utJ..._-llnllil tuC,,,011--~ond-~
,., bJo<lng
~~ ....
'
_,,,
1J;1Ji12
, _ _ ,,,
(hi TC1t81Fuo.n tDU'a
....,_,,,T_
"11120'11
,~-
,._or,"""
10.~ ,_,
ldl """""""- illlndlrdlJII'
-.--.Spllt
---n.,ii
Jl_!O_
M '""""""'- -per'
~facllllySpllt
------010
0."'
l•I
l'lopoeed-
-""
J.21___-Foc!llt;yll\oyoli,:tbll!lng--o5p!ll........,...,_ _u.liing._l)i"usFICll~llriftalllocatecf1-mNM~ -or
l3,Z82
_§;
~otTOIOI
~ or
...-rac:1111,ySp11t ..._._and
,.,..._,...
--To
~,.__
_,001na
l•I
l,....,,_FICll!lyp« O)U ..,.,..~
l~Foollft.\'
-lllO!ITo
Ill
l!IYalMll!llldng
--m fJ!!
, ..... ,,___~
Ill
:=.-i:::: ,1• '. lh {
l-~f~
cno
1 (II
~Fldl~hpldDll!q
--
r-,~rlCIIIIYI
01'>
!I.!
lol
T_,..,,,_
Nowl--Fectll\Y 1. ·-
Cgl
T-~
-~fdlly , ....
(nl T«-11'1'._.r _,,..._Ftclll\Y I.:•lf
224
dta
APPENDIX A- 4
CITY OF LOS BANOS
WATER DEVELOPMENT IMPACT FEE CALCULATION
·11.,°"""""""'"-
M Existing
l~Fac:U1'1/Plr 1,.tnl ffilh
!!f_ll
lb! Tolllf'Uan EDU'I
lei
~JttOll;JNlocalld1-
To-~
'!l:i!!l !!tJll
Id! Phlpl»M~
-1111'
l~ffllr.
(\lfl
ltZl,agmodFIGIIIIYBeyon,ll-.gSlr¥lol~Sjllk--N,p,-Eldlllng.pllll~Unllo-l-to--- ......,_-~- -- -....ofTIIIII. ---
,.,..
IC.SColtAH__,_Eiiiillnganil-.,_IOpmont
!:.~IIYT- F,"'1"'Jl
f,lQr,,llt~opmt:n1
Tu<ol
Ll--~
[aJ
-ng
lftlll;tltadFICillJ""' _.\J!!!l!.Olln
~
1J.78>
, .... """-"'
Cllll
O.IO
Jbl TIIIII Fulure
mu's
~
ID.in
...!!,li!
-""
tel
...-FedlftW-100II
To-DwllOplnmC ~•~'lb
fl!!!!!l:!C..
ff,1191,ti311
sun g
~--ldl
-... ,_,..,.,. __llJf
L2fniogra,.,iclFltlfllY8-111Ellbtlng--5Fftl:---~-,icl!llrUnlloll-10DIIIO-°"'"""Pffloll ~Ill_-
t:;dlllog ~qw ~ ffllWII
... _ _,,,.,.,-liowDMlaprnd
......
'""" Water ~Fei;IUUes - Surface Water Tn,atmcnt Ptant [1] """-"' mu.
tun
Ji022
1..iHumllorot
_...,.,,,,_ ffllJ'a
-~
.Al!!
itJD..L ~
Clo«- toNew _,.,.
S15]l0.J58.19 S86.671.223,03
'
land U. Typo WU. par l.lftliT 1000,..,.,--, u SinQktf mnv 1.00 Mu1tlr11m1tv 0.80
Aae Rostrlr.ted 0.54
Retail 0.51 ornea o,,u
lnstHuUonnl 0,21
lndu'Stnl'II 0,14
Total Allocated to Ni!!W Oe-lCJ<1pment
l0ut1kit1 ~~
'!I!!
_,
....-l'ecl!IIY- --11111
0.70 JI:&
100
,_ ""'""UJ!.'l 5.622
17.571
~.8-2 .:;:
FIICIOilii,F_,iwur,iu
1,0QONon-l!!!s. M. st3M.D6
S1.107.25
1149.21
1780,84
$591.48
SZ95.74
ll~
,., ...-,~.,.mu ........ !dl•l~l a.in
, __ ,...,. -100IITo
l•I
1,,..-Flltffl\Yllll'IDII
..... ~~
......... ,..wnr
~__!ODIITo
NIA
nm
eoa-
_tQIJ_
U .tl.U.Dl
14.932,91
~,-..-u,,iail
1,oooNon.-s.1. M .9lt9I
U.141LU
U.IUC.il' S.UtOH
17,lOOOI
1101 .. 04
''"'"'
[11 Thll Surf11co W.tUer Troa:lrnent Plant IS CIIDOCMd to SC'lrtlce the tntlro SOI: total ruturK u~~ 1'SSUm0tlon l''IIIS beer! !!dlUIUld to ff?~ dtvelol)ment C5timetos contnlned within Iha WIit« Mo,cer Plan, Pl .....-~~fldollng
--lb!'{ftl /1 00C
""
,_.....,_,~ O,IO
Ill .....-,--,lll)a,de.ie.
--- L~tJN'WI
!l"I'.)
TIIIII....,_..,_~
0.10 O,l!I_
lltiinw<lf - 1.000"°'t!!!,U, 4.155
736
..
238
910
120
213l
Ill!
_, TOIIIIPra.,-d __ ,actll\J
_J:j,fil
BJ"
{91
_..,..._,....,
T-Pl'o.,-
~ •lf1
·ISWll'I Nvinliar orunltil 1000 1'fon.~
13,466
?,',419
330
15 2.171
, .. u u
Colt flllonaiii ... Oil' S72.177,C.C4
'10.361.980
S913.662
5398,430
$6,319,403
$201,684
1,,or, ,79 I SHC,<158.084
110lJl!g.lli _1111_.&lla..M
225
dta
l.!J
Land Use_ 1'lma
Single F•mlly
Multffarnily
Age Restricted
Retell
l
omce
lnstltutlonel
lndustria1
ltl!!Bl.
Faclll11 T1
Wastewater fDClltty Replecament
I
LaNIUseT_vue
Sfng111Famlly
Multlfamily
Age Restrlcteo
Retail
omce
lnslituticnar
l~iat
:rca,1
··- ••
Focllltv T-
. .
w,,,_.,. fecmty ReplaCC!ment
Oftwttl• 1 llo-c·-
T""'·' Cost'"'•-lltles
'
APPENDIX A-5
CITY OF LOS BANOS
SEWER DEVELOPMENT IMPACT FEE CALCULATION
~
l•I Number ol' UnlCs I Non-1189, 1,000 Sf
9,758
1,753
239
555
2,123
270
4,973
1.00 l•I Numberol'Unles /Non-Res.1,000SF
4.155
738
44 238
910
,w
2.132
~ 1111111'
I
l 1<111ty u -
1rit~_1r~ f"N'Jlit,
fol
Ral<lonlsper Unit/ Person,5-Wd
!!!!: 1,000 Non-Res. Sf
3.51 2.81
1.90 2.00
1.50 0.75
0.50 Feclllly Units
lnt..,,,.ated facill!'t
(bl
Re,JdenQ per Unit/ Pemm, SeMld
1!!! !,000 Non-Res. 51'
3.51 2.81
1,90
2.00 1.50
0.75 0.50
FICIIIN Units
lntegl'IIM(I Fac:illly
(cl
EDUsprUnlt / 1,IIIIO Non-Ras. Sf
1.00 0.80
0.5◄
0.57 0. 3
0,21
0.14 Que~
!!!! 11000 EOIII
008 1
[cl
EOU1prUnlt
/1,IIIIONon..flel.Sf
1.00 0~
0.5 ◄
0,57
0.43 0.21
0.14 Fotll"" Cast S55,SOl,300
u 9 719 411
[di
TOUII
Numt>r ol' EDU•
•• Cl
9.158
1, 02
129
316
907
BO
708
13 ""'
(dJ
TOIIII
Number of EOIII
·e!.c1 4,155
589
24 136
389
26 304
U2Z
Quenmv
.. 1000EDUs 0.18
226
dta
APPENDIX A-5
CITY OF LOS BANOS
SEWER DEVELOPMENT IMPACT FEE CALCULATION
'A,1 w-..air Faclllly Replacernent
!•I
Eldstlng
ll'llllgl'lllllllftlclllly 1,000EDU'I
0..!!!1_
ffl...!1
{bl
TCIIIIIFUlln
EDU'S
~J,,-Z
[o]
lntllQTftldf'llcllN;YMoi:at8111005
To-llallelcpnllnt
lm!l!!I
O.i ~
A.Zl~ftcllllylleyand~ngServlceSlanclardsi,l1t_,NM8!111Elllll118,p!U,F11'1l~Unhsallocated100.U>Nawoewlopffilnt NUIIIIMtOf fldfttv T- ..... , .. Elclsllng ll,211?
New Devetnrtmenl s.az-, Totlll ·-~·
A.3CbstAllocllllldS-.Ell&Ungand New~
,faclll\vT•
rx1~ting
Now ~_IOjUTt_Anl
Tau,r
1: Wastewater facllltv Replacement
~
IP!'lllnftl81111!'.lffllUllrDl!l"l,0(10 Non Rl)S, Sr~ ... --~ ~~ ·• LmidllseT
Sll1!lleFornlly
Mumramlly
Age ReslrictCd
Retail
Omca
Institutional
lndustrl&I
llevelopmonl
!bilk
am- hdlltlas
-
l'llrl:anlllgearTatall ...... llll8'1
:l!l.74'11
1 "'~
~Of c. ·
,m
Catt ~ ~_!'!IW
U l.011,649
perUnft/
000 ~ S.F, 1.00
O.BD
0 .54
0.57 0.43
0.21 0.14
!di
Prq,ancl5ervlct
StendardPII'
1,000EOlh ---1l!!'_
~FIICllllySplt
119bNN" - •nd ~It! ..
n o
D IT
n•.~
1Dllll
Fulure~l.!'J. 5.uZ2
femporUnlll
1 OOII Non-Res. S.f.
$4,841.02
$3.877.62
$2,623.74
$2,761.84
S2.071.38
S1,035.69
' 46
l•I
JnllgmadFICIIN;Ypet EDU
Beyonrl E,.llllng
ld!,!.al _mn_
lntagralad ,ac:111\Y
Allo,cnJd 1ooi. TD
,
NIA 0-{2
l;ottpor
EDU SS.872.13
N-dlJnbl
Men-Ra SJ'.
4,155
736
44 238
910
120
13 (I)
I~ fldll\Y a.yQnd fldsllng
s.,,tceSlanc18"1 1~ 1_1Mn
Tall! lnU9'IIIIICI FacUl!y
AIICICllllld
0.41 O.tiS
100
Coot~lly
fg]
TDlall'roposad
New lnt9pllld Faclllly
1'1±1!!
100
227
dta
roctl
IIA . - ..... , ...
LandUllOT•""
Single Family
Multifitmlly
Agelle,ltlcted
Retall
Office
lnstltutlonel
lndustrle1
Tot.111
a Fecllities Rq_~_lacement
...
LllndUsaTSingle Family
Mullllamlly
AgoReStrlc.Md
Aeum
Office
lnstltu(lonal
&,,...,-,,1a1
. • '••~I - l a • ' ·- ---
Faclll"' TSr.arm Drain Fnciiltms
Offilottl•
TOOi! ~ """""""' of Slonn Drain Facllttles
APPENDIX A-6
CITY OF LOS BANOS
STORM DRAINAGE DEVELOPMENT IMPACT FEE CALCULATION
"'"'
l•I
Numbor of UnltS I Non.Res. , ...,,. Sf
9,759
1.753
219
555
2,123
Z79
4971
I!!!!:
1,_(JQ
M
l•l Num- at Units
/ Non•Aes. 1 000 SF
4.155
)36
'4
238
910
120
2.132
"'··---1
retlllty ll<!IIB
lnt0< nited FacUlt•
Jbl ......,ns 5111Wd per Unit
I 1.000 Non•Rll!L SF
3.51 2.81
1.90 l.00
1.50 0.75
0.50 ~lll•y Unlll
lnt~1retod Facl!I••
NA
(b]
P«sans Serm p,r Unit
/1,000Noi>-Aes.SF
3.51 2.81
1.90 2.00
1.50 0.75
0.50 F1cl1tn, Un119
lnteg,etecl Facility
!cl
EOUsporUnlt
I Per 1 000 Non-Rel. SF
too
o.eo
054
0.5)
0.43 0.21
0 14
Quantity
J,OQC> UlUt
0.08 NI\
(c]
EDUop,rUnlt
I Per , _nnn Non•Res. SF
1.00 O.BO
0.54 0.57
0.43 0.21
0.14 fllcllh" ~
S28,046,000
11. 21-· .....
(dl
TOIIII
NumllerofWUS
IaI•Ic1
9.758
1.402
129
316
807
60 708
13 2112
[d)
T-1
Number or EDUs
• C
4.155
589
24 136
389
26 304
""1122
Ouan<lrl - 1nnt1EOU.
0.18 228
dta
[a]
Existing
l!Ugnlllld FIICIIJ\Y ,OCOEDl --
llll!i
APPENDIX A-6
CITY OF LOS BANOS
STORM DRAINAGE DEVELOPMENT IMPACT FEE CALCU~TION
lbl TOllllflllln
EllU'I
·~-hll
fol
hlalgmld Facllllr 1'11oc111N 10Dlli To Ma-DIIWIOpmlllt
'!!J.!l.
IM.2
(di
l',opclAll--
,..ndtnl ..
Y!!IO!l!!:!. Pl~
(el
lntllgratacl Fac1111¥ per EDU llayond!'ldstlng
<f!J!,•
N
AZ""91'NdFeclllll,lleyondb1111"9SeNlce$llwldlrclSpllt-NW,-l:ldltlng.pluaf~Unfta---10051DN-DMlapnl.a F..:lll~T·-
EK1'<11'1!1
N111:w Deve1~ ..-11ent.
Total
.UCOltAIIOCSl8de.-t£JdallnglNINew~
, .. ~
E•lsling
New Devetgpment
0181
Feclnty T..,.
::.J.
Stcrm Drain FnclllUa,
ID!!I!
.. .,_, .... ,:
LlmdUOeTSlngleFomily
Multifamily
Age Restrlctad
Retail
Office
lnstituticnul
lnclustrilll
. .....
Total Allor;oted to Now Development
Outside Fundinf .Ros,ionslblll"
:T-1 Costof-Oraln Facllltlm
. -· . • ;.,
Numbltttl cno •s
1J,282
b&?.2
lB"''
Talal Nurnlleraf -,~~ 041
Q.50
Tiii
l'lrcentllQt OI' Total
rou,,
10,!6.
l!ll.7''11i
•w~
PeN:er11:e111or
~Al- 40.51!11,
69._!8~
Col<AIIOClllwd
'IO New p.,,,,IOpm ..
$16,681,496
_ll•IIIDIII
E0Us per uni!/ 1 000 Noft.Aes. s.F,
1.00 0 .80
0.54 0.57
o.•J
0.21 0.1 ◄
,,_._ FecUltySpllt
f.ol=··"'""'lnd
•1.41
n ,1
0,11
fac!.11'Y!:<J!1il
$11.J84,504
S18.681.41Ml
t:;,rt BI_O_ nrr.
T-i
~Ej)l.l'_•
S.822
S.!!11.
Feesper!Jnlt/
1,000 Non-R.-. 5.f.
s,.>1~u.1l
$2.366.50
S1.601.Z7
$1,685.64
Sl,264.18
$531..08
$421-39
~
lnlllgnftad Faatllly
100!5 To
NII\
0.42 Colt per
[DU
$2,967.31
USB.111
N-ctUnlt!/
' """ Non41R 5.f.
4.155
735
44 238
910
120
'132
(I)
IIDg!'Gd Fectlft;J llayond Existing
S.-.Standllnl ~ttt~J_JQOO
TcM8I l~FICl!IW ~
Q.41
OMI
,_,..,
Cosi FllllnCld by
DIF
$12,290.016
$1,742.440
$70,456
$401.257
$1,150.776
$75,709
$B9841'
Sl&.629,864
S1t l 64604
121 -388
[g]
Total~
New lraa,alllCI Fdtl;y '.~ ..i,-~
H II
229
dta
I. f.xi,tlriq EDU CAlcuI11t 1on .. -~ ~
Land Use Type
Single Family
Multifamily
Age Restricted
Retail
omce
Institutional
Industrial
Total
II. fl'uturl.' EDU Ce~atton !
Land Use Tvoe
Single Famlly
Multifamily
Age Restricted - Retail
Office
lnstltutlonat
Industrial
Total
Ill, Prooo,oo Fac:lllll!!! Cosl
Faclllty
T ransportatlon Facilities Cost
Total Facilities Cost
APPENDIX A-7
CITY OF LOS BANOS
TRAFFIC DEVELOPMENT IMPACT FEE CALCULATION
. -~-- -
Trip Generation Rate per
Total
Unit/ Per Non-Res. 1,000 Number of Units/ Non- PMPHTs
S.F. Res.SF (oer Unlt/1.000 SF)
1.00 9.758 9.758
0.69 1,753 1.214
0.54 239 129
4.98 555.240 2.767
1.00 2.123.183 2,119
1.21 279.366 337
0.85 4,972 718 4,2M
20,538
--
Trip Generation Rate per
Total
Unit/ Per Non-Res. 1,000 Number of Units/ Non- PM PHTs
S.F. Res.SF r ...... Unlt/1,000 SFl
1.00 4.155 4,155
0.69 736 510
0.54 44 24
4.98 238.058 1.186
1.00 910.310 908
1.21 119,778 145
0.85 2,132,041 1,807
A735
-
Facility
Cost
$58,539.061
$52458064
230
dta APPENDIX A-7
CITY OF LOS BANOS
TRAFFIC DEVELOPMENT IMPACT FEE CALCULATION
1v: A11ocimiifc0r r w11ne~to Cxl:;-Uiir] and rlb¥1 Oeve1op·mon1 (IW..dil en PM PHn) Total
Devel ment Number of' PM PHTs
Existing Development 20,538
New Develo ment 8,735
Total Facllltles Cost 29 273
1v: Alloc,1tion of Fm:1l1tle$ to l:xi;t,nQ mid New Deve1onment (b~1r.!d on l'lv' Pl l"isl Existing Development
New Develo 1ment
l otal Facilities Cost
)'.;)_eval~fillll'!l
Existing Development
New DevelOl)ment
Total Facllltles Cost
·...i,.-.-.aa:
Total
Number of PM PHTs
20,538
B,735
29.273
Total
Number or PM PHTs
20,538
~735
29.27~
IV. Allocnlion of Facifittes to [x,stinq nnd NC'w Dr-vc,loprn~nt [llil,00 ori'PM Ft-1 T.i Total
DeYelo mant NL1mber of PM PHTs
txtstlng Development 20.538
New Devel ment 8735
Total Facllltles Cost 29.273
IV. Allocatton ot racrlltle, to Fti~t 1nq ~11t1 New Development (based 011 PM PHi s) Total
Devel mnnt Number cf PM PHTs
Existing Development 20,53&
NewDe\/eta ant 8,7JS
Total F11cllltlas Cost 211.273
Pen::entageof
Cost Alloc:eted
70.16%
29.84%
10096
Percentage of
Cost Allocated
70.16%
29.84%
100%
Percentage or
Cost Allocated
7016%
29.~.'lf,
Percentage of
Cost Allocated
7016%
29.84%
100%
Parc:.ntage cf
Cent Allocated
70.16'16
29.84%
100%
Faclllty
Cost
$5,679,933
j2.415,633
9095 668
hclllty
Cost
$359,722
i152987
512.709
Facility
Cost
9189,027
\3908,025
U3,0QJ~Z,
Facility
Cost
12.034,!;13
$865306
S2 9918
Facility
Cost
$1,704,858
Sl25,064
428922
Ward Road Im rove.
$8,095,566
Place Road Im rove.
$512,709
SR 165 Improve.
$13,097,052
Bed er Flat Road Im ]'fl)V8.
$2,899,919
Ca I Avenue Im ,rove.
$2,429,922
231
APPENDIX A-7
CITY OF LOS BANOS
TRAFFIC DEVELOPMENT IMPACT FEE CALCULATION
IV.' Ailot:ol1on Df FncilitJc::; Lo Exi,t1nq and New Dcvr1iopmcnt (b::i~cct on PM FHTsl Dove Street Im rove.
Total Percentage of Faclllty
Dttwlo ment Number of PM PHTs Cost Allocated Cost $329,411 Existing DeV(llopment 20,538 !O.16'lli $231,118
New Develo ment B.735 29.84% $96293
Total Facilities Cost 29,2 3 100% $329,41 1 -- -
IV Allocntlon of rac1llli1;s to Cxist ino and NPw Development (b,w:d on PM Pl IT,) Pioneer Road lm1irove.
TObll Percontaga or Facility
Devel ent Number Of PM PH1s Cost Allocatad Cost $2.613,483 Existing Development: 20,538 70.16')(, $1,8Jl,!H1
NewDevelo ont 8735 29.84% $779836
Total Facilities Cost 29.273 100'l6 $2 813483
IV. Allocation of Facilities to h1st,nq ~nd New Devr>fopment lba,0d on PM PMTsl carooza I Madison Ave I Paoe Ave Im rove.
Total Pan:entage ot Facility
Oev41 em Number or PM PHTs Cost Allocatad Cost $1,168,709 Existing Development 20.538 7O16'X, S819,978
New Develo ment 8.735 29.84')(, S348731
Tatel Facllltles Cost 29,273 lOO'!I, 1 1 709
I'.,; Ailocnt,on of Fucilitlo•, to Fxisr,nq nnd New Dcvatopmr,nt (basccf on"!>l'I' l'HTtT Intersection & Modification Im rove.
Total Parcentage of FIClllty
Develo ont Number Of PM PHTs Cost AIIOCtltad Cost $26,547,290 Existing Development 20,538 7016% $18,625,854
NcwDeveto ent 8,735 29.84% l7,921.<436
Total Facllltles Cost 2s,;m 1QO'l(, S29.647 290 ------ - - - ·- -- IV /,Jlocatfon of Fac1litlc:s1'1;-f'jfi{Jn'q nnd NP.W D~111oomunt (ba;ffd on PM PHT1) lnterseetlon & Modification Im rove.
Total Percentage of Faclllty
Devel ment Number of PM PHTs Coat Allocated Cost $100,000 F.xistlng Oovolopmenl 20,538 70.16% STO,161
New Develo ment 8.735 29.84% l 2983!l
Total Facllltles Cost 2!1.273 100'6 100
232
dta APPENDIX A-7
CITY OF LOS BANOS
TRAFFIC DEVELOPMENT IMPACT FEE CALCULATION
JV. Aliccatlon of I acI11tics to Cxistinq ar,d NN, Developrnoni (bl!slXl of'! PM P! 1 Tsl - Intersection & Modlncation Im ove.
Total 1'91 ca ,aige .'11 Faclllty
Devel W1t Number of PM PHTs Cost.AIIOC8Uld Co.,t $745,000 uli.ting Development 20,538 70.16% $522.700
New Development 8735 29.849' tu--Z 300
Total Facllltl85 Cost 29273 , $745000
V. Allcic:ition of f:,c,l•MS to Now Devnloamnnt (b1~cr1 on New [DU:;) ___ - - Faclflty Cost
Total Allocated to Cost Par
Facllltv Number or PM PHTs New Devalo1iment PM Peak Hour Trip Traffic Facllltles Cost 8.735 $17,467,449 $1,999.77
.'"" "£ ··· ... ' I , , , 11 •··~ • 8,735
Total $1,303,5B
VI Dsv,:,ioper Fee:; nnd Co,.t Finnnc€d tiy FePs'oor''UM fciif tOOO Non-Res Sr AY81'8ge Dally PM PHT per
Unit I per 1,000 Non-Res. Fees per Unit I 1.000 Non- Number of Units I Non-Ras. land Use Tvna SF Res. Sf SF Cost Financed by OIF
Single Family 1.00 $1,303.58 4,155 SS,416,294
Multifamily 0.69 $903.11 736 $664,953
Age Restricted 0.54 $703.93 44 $30,973
Retail 4.98 $6,495.18 238.058 $1,546,230
Office 1.00 $1,300.86 910,310 $1,184,184
Institutional 1.21 $1.574.04 119,778 $188.535
Industrial 0.85 Sl.104.71 2,132,041 $2.355,283
Total Allor.11tlon to New Development $11,386,452
Total Allocated to Exlstin:1 Development $41,071,612
Total Facllltla Costs $52,458,064
233
dta
.. ., fo<IIINlCity Hall Exponslon ond Rehabililallon
City Hall Pirklng lot and l.ondscaplng
Cou,-.c.11 Chamt::1ar Upgrade
Network/Server Replacement
Ir ,-oration Yard Ex Jllt\SIOn
General Government Fac:iliUes
• ,,.,. 1, . .. ..
Lana Use""- ~nglefamtty
Multlf11mlly
Age Rl!stric!ed
Rel!III
omce
lnstltlJdonal
1nm.1vria1
Total
F11CIH1• T"-
City Hall bpanslon and Rahabllllllllon
Clly Hall Pa<l<ing Lot ond Landscoping
Council Cnamt>cr Upgrade
Network/Server Replacement
Ct'W"nl'lratlan YNd F1t1 1anslon
. .
landUseTSlngteFamlly
Muftlfarnily
Age Ror;11icted
Ratllil
Office
lnstlU.llional
Industrial
Tatlll
. -~· ' , _, _ , : , L T , •"'··
Facmtv TCity Helt Expen~lnn end Rehebllltatlan
City Hall Parking Lot Md l.an<lscaplng
Council Chamber Upgrade
Nel'MJl'k/Ser\ter Rcp~emenl
Corporation Yero El</lanslon
Offlsl!lt1.,.l P.r.9m.:I!!
T-1 c-orGenorar _,,,,_.,. "-'llittl!S
APPENDIX A-8
CITY OF LOS BANOS
GENERAL GOVERNMENT IMPACT FEE CALCULATION
0u.n111v flCHI"' UnllS
31.BOO Square Fact
33.000 Squero Feel
1 lnlograted F8Clllty
1 Integrated Facility
lntet rated Fecllll
l•I [bl lcJ
Nu-ofUnlll ---perllnlt EDUlperUnlt I Non-Rm. 1.DOII SF t 1 000 Non-Res. SI' 1- 1 ODD Non-Rss. Sf
9.758 3,51 1.00
1,753 281 0.80
239 1.90 0.5-1
- - - - - - - - - - - -
Qu~
<IUIJllll• Facllltv U,,lts - 1.000 Non-Alt. Sf
31.800 Square feet 2,818.71
33,000 Squ.,.,Fet!l 2.923.00 , lntegreled F'acillty 0.09 1 Integrated Foelllty 0.09
lnte- - FacW~
(D) lbl Jc)
-r:lfUnltl _.,.t Untt/ ~ ECU, pw Unlt
IHan-Rls.11111D Unlll nor Non-Re& i.noo Sf ,- ,ooo~s,
4,155 3.51 1.00
738 7..81 o.eo 44 1.90 0.54
0 0.00 0.00
0 0.00 0.00
0 0.00 o.oo 0 n "" 0.00
,,,,.,,. ... Faelllh Units FIClllt~ Cost 40,050 Squero Feet $1,249,050
35.750 SqueroF .. t Sl,751,750
1 lnteg,,,ted Facility $200.000 1 lntegn,ted Facilky $185,824 1 Integrated Feclllty $1,350,000
IAS91.tM
[di
Tatal N-di unn,,
12~•1 t:
9,758
1,402
129
-
-
-
- 11290
In! TOIIII
,..,,,_otUnlts a1
' lc1
4,155
589
24 0
0 0
0 ·- - 1000
~
Elllio
8,400.13
7,498.24
0.21 0.21
0.21 234
dta
A.U:ft¥.HIIU ~ and RllhlblTitaUon
fa)
.-ng
SqUIINlfeat
1.000 EOU's , ,B1ijJ 1
APPENDIX A-8
CITY OF LOS BANOS
GENERAL GOVERNMENT IMPACT FEE CALCULATION
lb! Toallfllan
E0U's
!,Iii"
t<:l
$qi.- FeltAJtocmc;I 1UC.
To NIW DIW!opmlnt
~
1:1.•211.•fl
Id)
PropaMd-- lilandlrd per 1,0DO EOIJ'it
"100!1
U Square Felt 11e!Pm EllllllhA Samce Standlr'II Sillft~ New811d Emang. plus FIICIIIIY Untts•~~III New °"'9lopmll'a FIICIOIY1'""'
Eld.Ung
New 0evttwvvnom
·roral
A.ll Cml.Alla.-8-Wliin Ellstlrijjin,ffuwlleyelopmant
D!:llll'f_T.-
Eiclstltig
New llevelncm'!l'l r_,
(8.1 Cl!;iHaill'arklng Lot and Lliiiilicipli,g
l•l
Existing
~r•
1,000_~
_z.92:i.m
Numblrof
£OU',
ll,2DQ
'11111
16 068
TOIi!
-18.716.42
21,j!!!-.58
410 \r-O IMi
[b)
TOlelftnure
EDU's
'1:.:L
~ al'TIIIIII
EDU'&
70,31"
NC\lllr,
lOOODS
CmtMac-i
48.13"
~n1"
JOO.()OII
[cl
:,q...,..reet~100!'
To New OMlopmlnt
1~·1bl
____i)i,93623
11.2 $Qult9Fftt 8ayol1II ElclSUl1A $ffiiceStandllrd lllllll: llelMWI Newlll'ld l.1\1S!l1111, plus FlcllkY UnllsaUoc.tad 1oosu,;11iw~ IF!=~JXTXI!! e.tstlng
New Devak>i 1mant
Total
U eostA--.l llllwNn Existing and N-Dllvaklpmwft.
FIICIVtvT.,_
E111511ng 1<ew O,,,,,,Jo:-ffll"<
TC l Council Ciiim1Jar 1/ppdl
£•1
Existing
lmillgnt,lcl FIClllt)'
1,!!00 EDIJ's
Numlllrot
§!!!!
11 ZllO
4,711!1
1 8
T-i ..__,..
15,135.811 X14UJ4 ·,,,uio
[bl
TOIIII Future
EDU'I
_'.t\"I
~ ol'TOIII
70. ~ Jl"A
111,113 l!l!!~
COit-
•tlll»,
•?,1"" 1ffl(l(l!l
{cl
lnlllgralllCI Fecllll;y Allocatall 100!'
To NM~
.tel:!' 2.•
c.zI.....-fec11tylleyondEl<IIUngSeMca5tandwdlll)lll.""-1New-&1911ng.pfUlfacllll;Jllnlla~1001'11oNew~ f ild!itv:rExlsUr1g
NewlltM,iOl'1Ml'II
·•0181
c:J
roe
t<htlng
--a.-ibllllng--~
New Deveto,,mant
01.al
N-111' ~<JITotal
EDU's mir1
11,290 I0.31'K
uue 29,fi~ , . .,.. IIJIMIOl'
~-
--.-,pit
.,.,,,._.N11Wllld
·---- 18,71M2
7 ""',1~
?flll:Hl~•
,ad~CSJ,387,en
J3,881,:!1G
171•h st:2 1
~~
Id]
Slandnpor
1&!!!!!fOU'• ,~ ..
$qoswFMCSpllt
8-MINew- ~)QO....OC,ff'llll'tt
14?! ' ~-111 ~ "1 '• 11
FactlllV Colt
$751.SOll
$1 """"4
a7.:, ·-,ii;,
l•ll ~Strvtce
3!anclonlpsl,QQOEIJU'~
lf'O!ll'D<I Faclllt)' Spllt _,..,..Ind
r.x-- o• a.,r a ,..
le] Sq,,ers,_perEDU
a.yondEldltq
-.J!!l:1!!l.
~58H?
Sq!-.-
Ali-.d 11105 To Haw ~" 1'1.42~'5
lei
~FtotperEDU
hyonCI bttllng
d!:l' ]
' 11
Sq,111'9Feet Alloc:eled 11105 To
-Owefa~
u,w.n
lfJ
Squ-Feae.,ond ~
SlrYk:lt Stilndlnl
1w1-111000
"'
Teall Square Fell
-
18,7164?
21333,68
40 05().0()
[!J
Sqlael'Ntlleyonel~
SIMceStllldeNI
!!!!' • /1000 21 813.71
Toi.I Squire Fllt
Al15,338,86
20,013.1•
____ fil
(<,J (I)
lna,grad FIICl!lt)' per EDU ~-facllh!, Beyond flcmlng
~Eidatlng s.rl/k:IIStnlerd
l~_-10;__ lb ·~100\l
lntegl'lllad Faclflt)'
AIIOC11119d 1001' To TCCll l~Fac:m~ ,_ NIA
~
0.41 0.42 0.511
1.m
!!ii
T_,...,,,.,...,
NawSquarefedt
..l!i:l!L.
~M~..,
(g!
TOIIII~
"-~-
!c '•i
1 J -~-·-,q,
{gJ
TOIIII Praposed
NM I~ Faclllty
.lli!i!· .t1
235
dta
D,1 Natworll/SIMlr Repl-
(oJ
ElOsttng
lntee,eteel Fadl"1 1._0l!!!_mu..
.o.o•
APPENDIX A-8
CITY OF LOS BANOS
GENERAL GOVERNMENT IMPACT FEE CALCULATION
!~I TOIIIIFuture
EDU'S
.!.kl!
Lei
~Fodlll;JM-1005
To NawDavelOpmallt
_le(' Jbl
fdJ
PrCJPONdSlrvle9
Stlllllllltlpr
1.l!!l!>Elllh
D.Z lrrlllgrnad FIClflly Beyond Eitl!tlr,g Senl1ce Slandonllpllt 8-n-ancl ~ plus FacUlty U!lbll-~W NM Dewe1apmlnt fOCIDNTE>!isting
Tomi -•- - ·
D.3 C-Mocatad _.. Exhllng- New DIMllapment
Faefll\vT"""
E,lstlng
Nnw OIMtlon.trlfft1t
Tota,
t 1 Calpanlt1an Yanfhper,Slon
C"l e&1ttm!I
MW'I 1,000 mlh
ll~
N_,d ffllr.
11.?.90
4768
OM -
•--r=
0.41 050
, m
(bl
Tow Funn
EDIJ's
1.1!,
~ofTotal ..,. .. 70.11,.
,OACR.
1m ,_
eo.t·~
!~~
,--
[cl AIIOoatad100K
To N.wo-lOprMnt 1•J•l1>1 '11)11
Uf,_,_FIICIIJIY9'!t10l1dElll.ingS.W.~Spllt~NIWIIICl~ng.plusflldlll,)'\Jllllttl-10laWNM~ Nulllberof l'9n:enlllge ofTOIIII
r-- ...... l "" " Existing 11,29') 10.31,.
~DeYal-t 4168 211-
Tncal IL""" 1011.~
~3 C..Allocad S1twee11EXlltlnoanc1111w Dwelcpment
. ,_ .,, , ••• •·■ .. , .•·,I
Cm1Aliociiiad Faclllty T..,. wN- Generar Govt. Fadlltie5 SS 91 579 Tola\ • 9347341
·;a uT•.,:.; ·1~ • i , ... •,.;._ ~ -;•
EOV1perun11/ l.llndUseT- 1.000 Non:._ S.F,
SlnAleFamllv 1.00
Multifamily 0.80 Aqe Restricted 0.54 Retail o.oo Office 0.00 Institutional 0.00 Industrial 0.00
Total Allocated to New OeveIopmant
Outside Fundlni R__, anslbllit
Tatal COit OI Poll co FICIHdes
lnl8gnltld ..._. FKIII\Y .... Spllt _
D41
n,,
Of,J\
fr-- eo.t
575,4"15
1110,349
1111!,"?•
PrCIPDMds..1.!
Slancllnl 1111' ,-mu.. Iii!
~rec:s: ~---- CHO
,.~
, _(l(J
TQQII
ft-EDU',
4.768
4.768
Fa9S-Unlr/
1 000 Non-Ria. S.F. $702.07
S561.66
SJS0.04
SO.OD
S0.00
so.co
S0.00
l•I t/1
'""""'8dfec~pWEDIJ l~Fac:flll1l&.yo,ICIElllstlng
lle)'Olld Exlltlng Slnlc9_"8nclffll
ll!L-!M lbl' le) 11000 !_I_!;'
~ Facnlty
~1005To
NewNIA
0.41 l•I
.,__Fac:IIIIYPII' EDU
lllly,nl Existing ~H Iil !}F
...- ~~
l<Jf,,
0(11)
eo.tp,r
EDU Sl,151.81
•n~ OJ
NUll1Der' OI IIMSI 1.000 Non.- S.F.
4,155
736
4 ◄
0 0
0 0
n!i>t
T...i 1,agrmc1 FIIClllty , -041
O.S!l
too
(rMjll'llfN l'IICH: h'/OnCI fldlllnA
5-allandlrd b ' '.•ll!OOII_
IQ(,
T-~ FIIClll!y
-0.10 0 ....
,m
COit. Flnlncatl by
OIF $2,917,072
S413,546
S16,722
$0
so
so
so Sl.347.341
ss 245.045 19aa:J1'iaa
lq)
TOIIII~
New 11'119gr1111d FIClffl¥ ~ •l•l
l,Q,;t
(g)
TCllall'ropDNd
New lnlllgr'llllld Fldln;, ln
~-.,
236
APPENDIXB
2019 Needs List
237
THIS PAGE IS INTENTIONALLY LEFT BLANK
238
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·-- ·--,...,_.,.._,.,.___,. JOI8POUCEFACIUTJS
e,,...rqmpPf!n:99:!rrtrd
·---~ 2 __ _
, __
TOTALMIISMDRECREATIGNFJICIUTIIS
P·W.I.TD.f@HIP
, •----l!nCL-IT-'V _ _...,, __ .._ , __
,_.,,_
•-ti ·-- , __
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(. Bml6'GNDP , __ _
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,_ ... __ ··--- flfulrlp....,.......,..
6 ....... tltDrmLn
, ........ Simm~
8Pldato8ant0.
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r;;H-fllllDIS_Slarm11H-Nnldl:SlllnnUra ,2 ____ _
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ldWWIP•--
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I~ Poldlla,WllwlJMIDWWIP ,._. ... _,, ,,,_
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n_,.,._
M- 25 __
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~1CalllpTnd
211--
TOTALSI.WpfA:!IJES
DEVELOPMENIIMPACIEEEPROGRAM
CITY OF LOS BANOS
pueuc EACILIIIES NEEDS 1151 THROUGH 2038
-·
-·
[T)
1-9.519.938
e,s.ooo
St$90.000
S341.6!i
M.800.0lO
l1UKffl
nit.ean_oco
112.500000
SS:>0.000
Sl~S:'l'J2
Bll!Y!'
U1,1'6Bl2:3
t.ll000.000
ll.Sc"JOOOO
fflmm
'1Ei0,6t5H3
""'·"'° S250.IJCO
S32!i.OOO
11,620.000
Slta.526-
Si,!ifiOOOO
l'79.:00C
'2l,<i60,::'&Xl:
n•.1,a.!T.10
s•,:-a1s.ona
...........
J2la.OOO
Sl.79$.000
S~-.2Ga.000
u.~ro.ooc:
1350,00C
S!Gi..-000
lif;l,000
S<SlClO
StMr-."IO
., ... coo
S28fi,OOO
Ul2DDO
SJSOOC:J
s.&~lSJJC!J
S:70.000
SG0,000
SIS0.000
53:-0.000
U,C"12.300
s1.~stmc
14.?U..C:JO
19:x)l.C:10
lll.6eiloc:lS1604QOO
:11-0l90C-O
te220C:)
~"\GOOOO
'9083-000
emsm
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EXHIBIT "B"
DEVELOPMENT IMPACT FEE SCHEDULE
7 241
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242
RESOLUTION NO. 6626
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LOS BANOS APPROVING AN INCREASE IN
DEVELOPMENT IMPACT FEES TO REFLECT
INCREASES IN THE ENGINEERING NEWS RECORD
CONSTRUCTION COST INDEX FOR 2023
WHEREAS, on January 15, 2020, the City Council adopted Resolution No. 6163, approving a development impact fee justification study to be collected from new development projects as authorized by Article XI, Section 7 of the California Constitution, the Mitigation Fee Act {Gov. Code§ 66000, et seq.,); and Los Banos Municipal Code; and WHEREAS, City Council Resolution No. 6163 establishes the process for the annual adjustment of development impact fees based on the change in the Engineering News Record's Construction Cost Index as reported for the twelve-month period ending in April of each year; and
WHEREAS, the Engineering News Record's Construction Cost Index for the San Francisco area indicates that construction costs increased 1.4 percent for the twelve- month period ending in April 2023; and
WHEREAS, the City of Los Banos complied with the notice requirements of the California Government Code Sections 66016 and 66018; and
WHEREAS, the City Council held and conducted a public hearing on April 19, 2023, in accordance with applicable public notice, to review and consider the increase in development impact fees, and the updated Development Impact Fee Schedule; and WHEREAS; the City Council now wishes to adjust the fees in accordance with the increase in the Engineering News Record Construction Cost Index for the San Francisco area and adopt the fees at the revised rates set forth in Exhibit A to this Resolution, which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby resolves as follows:
SECTION 1. In light of the increases in the Engineering News Record's Construction Cost Index for the twelve-month period ending in April 2023, the City Council approves an adjustment to increase development impact fees by 1.4 percent and adopts the increased development impact fees as shown on Exhibit A.
SECTION 2. The increased development impact fees as set forth in Exhibit A and adopted Resolution shall become effective on July 1, 2023.
SECTION 3. This Resolution adjusts only the amount of development impact fees to be collected from new development and does not modify any other provisions of Resolution No. 6163, which shall remain in full force and effect.
The foregoing Resolution was introduced at a regular meeting of the City Council of the • City of Los Banos held on the 19th day of April 2023, by Council Member Lambert who moved its adoption, which motion was duly seconded by Council Member Jones and the Resolution adopted by the following vote:
AYES:
NOES:
ABSENT:
ATTEST:
Council Members Begonia, Jones, Lambert, Lewis, Mayor Llanez None
None
APPROVED:
pe:rM.: s, ~~ ,.~ Lucille L. Mallonee, City Clerk
243
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244
Exhibit A
r r
~--~-·----
Single Family $1,503.94 $ 2,814.22 $ 8,401.99 $ 7,551.99 $ 5,794.59 $ 3,536.29 $1,558.93 $ 839.24 $ 959.98 $ 32,J&l.19 Multi-family $1,202.67 $ 2,251.13 $ 6,721.11 $ 6,042.07 $ 4,636.16 $ 2,829.75 $1,079.53 $ 671.87 $ 762.73 $ 26,197.0l Age Restricted $ 814.14 $ 1,523.07 $ 4,547.69 $ 4,087.41 $3,137.00 $1,914.01 $ 841.64 $ 454.29 $ 520.05 ~17'°9.30 Retail I $ 857.17 $ 1,603.17 $ - $ 4,302.60 $ 3,301.97 $ 2,015.61 $ 7,764.79 $ - $ 595.36 $ ZQ,4410.68 Office I S 643.18 $ 1,202.67 $ - $ 3,227.86 $ 2,475.88 $1,511.11 $1,555.35 $ - $ 318.00 $ 1-o.,34.06 lnstltutlonal I $ 321.59 $ 601.33 $ - $1,613.92 $1,238.54 $ 755.55 $ 1,881.72 $ - $ 192.48 $.~4 Industrial I $ 213.99 $ 400.50 $ - $1,075.96 $ 824.90 $ 503.31 $1,321.04 $ - $ 130.31 $ 4,470.01 245
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246
ORDINANCE NO. 1178
AN ORDINANCE OF THE CITY OF LOS BANOS
AMENDING TITLE 9 CHAPTER 2 ARTICLE 6 OF
THE LOS BANOS MUNICIPAL CODE
ESTABLISHING A GENERAL GOVERNMENT
FACILITIES DEVELOPMENT IMPACT FEE
WHEREAS, the City Council enacts this ordinance pursuant to the authority granted cities by Article XI, Section 7 of the California Constitution; and WHEREAS, the Land Use Element of the City of Los Banos' (hereinafter "City") 2030 General Plan update "requires new development to pay its proportionate share of the costs of public infrastructure, services, and transportation facilities. This shall include parks, fire, and police stations, schools, utilities, roads, and other needed infrastructure"; and
WHEREAS, to help finance needed public facilities within the City, the City has adopted Ordinances to establish appropriate development impact fees pursuant to Government Code sections 66000 et seq; and
WHEREAS, the City has not updated or revised its development impact fee program since October of 2006; and
WHEREAS, in accordance with policies established in the 2030 General Plan update, staff has taken steps to conduct a comprehensive review of the City's development impact fees to determine whether those fees are adequate to defray the cost of public facilities related to the development project; and WHEREAS, DTA (previously known as David Taussig & Associates, Inc.) was engaged by the City to prepare.an updated AB 1600 Fee Justification Study; WHEREAS, as a part of the update effort the City has held a number of stakeholder's workshops attended by interested community members and the development community; and
WHEREAS, OTA. has prepared a report, entitled Development Impact Fee Justification Study, dated December 31, 2019 that calculates the maximum fee levels that may be imposed on new development and sets forth the nexus/basis for the imposition of the fees on new development; and
WHEREAS, the City Council held and conducted a public hearing on January 15, 2020, in accordance with applicable public notice, to review and consider the Development Impact Fee Justification Study, and the updated Development Impact Fee Schedule and this proposed ordinance; and
WHEREAS, the purpose of this ordinance is to amend Chapter 2 Title 9 Article 6 of the Los Banos Municipal Code relating to development impact fees in the City of Los Banos by combining the Corporate Yard Development Impact Fee; City Hall Development Impact Fee; and Community Center Development Impact Fee; and establishing a General Government Facilities Development Impact Fee consistent with the above referenced Development Impact Fee Justification Study, and the updated Development Impact Fee Schedule.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LOS BANOS DOES ORDAIN AS FOLLOWS:
Section 1. Pursuant to Resolution 6163 the City Council using its independent judgment found and determined that the Development Impact Fee Justification Study prepared by DTA and dated December 31, 2019, complies with California Government 1 247
Code section 66001 by establishing the basis for the imposition of fees on new development. The City Council hereby incorporates those findings by reference herein in that the Development Impact Fee Justification Study:
(a) Identifies the purpose of the fee;
(b) Identifies the use and the public facilities to which the fee will be put:
(c) Shows a reasonable relationship between the use of the fee and the type of development project on which the fee is imposed;
(d) Demonstrates a reasonable relationship between the need for the public facilities and the type of development projects on which the fee is imposed; and (e) Demonstrates a reasonable relationship between the amount of the fee and the cost of the public facilities or portion of the public facilities attributable to the development on which the fee is imposed.
Section 2. The City Council of the City of Los Banos does hereby add the following section to Title 9, Chapter 2, Article 6 of the Los Banos Municipal Code.
Sec. 9-2.614 General Government Facilities DevelQpment Impact Fee.
The City hereby establishes a fee for general government facilities to serve new residential and nonresidential land uses in the City and the City Council does hereby impose a general government facilities development impact fee to be paid at the rate set forth by City Council resolution.
Section 3. To the extent that the terms and provisions of this Ordinance may be inconsistent or in conflict with the terms or conditions of any prior City ordinance, motion, resolution, rule or regulation governing the same subject, the terms of this Ordinance shall prevail with respect to the subject matter thereof and such inconsistent or conflicting provisions of prior ordinances, motions, resolutions, rules or regulations are hereby repealed.
Section 4. If any section, subsection, subdivision, paragraph, sentence, clause or phrase added by this Ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses or phrases are declared unconstitutional, invalid or ineffective.
Section 5. The proposed amendments to the Los Banos Municipal Code do not propose any changes to City policies or regulations that would result in a direct or indirect physical environmental impact; therefore it has been determined that this ordinance amendment is covered by the general rule that the California Environmental Quality ·Act applies only to projects which have the potential for causing a significant effect on the environment pursuant to CEQA guidelines section 15061(b)(3) and is not subject to environmental review. Alternatively, the proposed amendments to the Los Banos Municipal Code were contemplated as a subsequent implementation measure to address impacts on public facilities contemplated in the Los Banos 2030 General Plan Program Environmental Impact Report (SCH #2006121055)("GP Program EIR") and the Los Banos General Plan Land Resources Amendment Subsequent EIR (SCH #2016051033)("GPA SEIR"), and are generally consistent with the anticipated public facilities contemplated in the GP Program EIR/GPA SEIR; therefore it has been determined that this ordinance amendment falls within the scope of the project covered by the GP Program EIR/GP SEIR pursuant to CEQA guidelines section 15162 and is not subject to further environmental review.
2 248
Section 6. This Ordinance shall go into effect and be in full force and operation sixty (60) days after its final passage and adoption. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted and published once within fifteen days after passage and adoption as may be required by law; or, in the alternative the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five (5) days prior to the date of adoption of this Ordinance; and, within fifteen days after adoption, the City Clerk shall cause to be published, the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk.
Introduced by Council Member Lewis and seconded by Council Member Jones on the 15th day of January, 2020.
Passed on the 5th day of February, 2020 by the following vote:
AYES: Council Members Faria, Johnson~Santos, Jones, Lewis, Mayor Villalta •
NOES: None
ABSENT: None
APPRO •
• ~t7UATTEST:
~'I.~
Lucille L. Mallonee, City Clerk
3 249
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250
ORDINANCE NO. 844
AN ORDINANCE OF THE CITY OF LOS BANOS AMENDING SECTION
9-2.1413 OF CHAPTER 2, TITLE 9. OF THE LOS BANOS MUNIC!PAL CODE PERTAINING TO PARK IMPROVEMENT FEE • AND PARK DEDICATION FEE AMENDIN_G ORDINANCE NO. 769, EFFECTIVE JUNE 1. 1991 The City.Ccn,ncil of the City of Los Banos does ordain as follows:
Section 1. Article 14, Sections 9-2.1401 t;hrough 9-2.1419, are hereby added to Title 9, Chapter 2, of the Los. Banos Municipal Code relating to planning and zoning regarding subdivisions to provide as follows:
Section 9-2.1401. Authority, General Purpose and·
Definitions.
This Chapter is adopted pursuant to California
Government Code Section.66477 and the general police power of the city; for the purpose of exi!cutirig and implementing the parks and recreation.element of the General Plan of the City. of Los· Banos, adopted by the City. of Los Banos in.
August, 1964. It is the purpose of this Chapter-for (1) the .acquisition of park land for neighborhood parks through de4ication of land or payment of fees.in lieu thereof ~d (2) the development of park and recl'.eation facilities by imposition of fees in connection with the development ~f new dwelling units.
Except where the context otherwise requires, ~e
definitions given in this.section govern tjle const~ction of this Chapter.
(a) The term "developer'". includes·every·person, firm, or corporation .constructil;lg a new dwelling unit, directly or through the services ofai!iy employee, agent, independent contractor, or otherwise.:
(b) The term "new dwelling unit" includes.each
structure of permanent ch,jlracter, places in a pe:i;manent location, which is planned, designed or used.for r~idential occupancy, including, but:not limited.to, one~family,
two..-family, and multi-family dwel,.lings, ·apartm~t houses and complexes and mobile home;spaces, but not including hotels, motels, and boarding houses for transient ~sts.
(c) The term "subdivislori" include~any type of
construction, ·1and division or improvement'of land which provides for.dwelling units identified.under the provisions of Section 66424 of the California.Government Code;
"Subdivision" shall also in:clude any increase in the number of mobile home spaces.
(d) The term "citylservice area" shall refer·to the
geographical area of beneficial use of one or more parks .. The boundaries of said service areas shallbe determined by resolution adopted by theiCity Council·of the City of Los Banos. •
(e) The term "parki service area" shall refer:·.to the
geographical area of beneficial use of one-park, as determined by the·Recreation, Parlts, an4 Community.Services Director.
(f) The term "Land:value" means fair market vaiue of a buildable acre of land,i as dete:rmined by the Los Banos City Council.
251
Section 9-2.1402. Requirements.
At the time of approval of the tentative map, parcel
ll!clP, or.final map, qr upon issuance of a building.permit, the.Recreation, Park, and Community Service Director shall determine pursuant to Section 9-2.1404 .hereof· the land_ required-for dedication or in lieu fee payment.: As. a- c<:>ndition of approval of a final subdivision map or parcel map, or upon issuance of a building permit, the subdivider shail dedicate land, pay a fee in lieu thereof, or both, at the· option of the City, for neighborhood-park or
recreational purposes at. the time and a·ccording to the standards and formula contained in this ordinance.
Sectiqn 9-2.1403. Park Acre~ge Standard.
It is hereby found and determined.that the_ public
interest, convenience, health, welfare, and safety require that 3.6 acres of prope~y for each 1,000 persons residing within this City be devoted to local park and recreational purposes;'. • Said 3.6 acres of neighborhood. parks per 1,000 residents in the City of Los Banos, and the current maximum utilization of said acreage by the residents of Los Banos.
Section 9-2.1404. Formula for Dedication of Land.
Where a park or recreation facility.has been
designated in the Recreation and Park Element Qf the General Plan of the City, and is to be located-in whole or 'in part within the proposed subdivision for the purpose of serving the-immediate and future needs of the residents of the
subdivision, the developer shall dedicate land for a local pa:i::k sufficient in size and topography that,bears_a
reasonable relationship to-serve the·present and future.' needs of the residents of the subdivision .. The. ~aunt.of land to be provided shall be determined pursuant to t;he ·fQllowing formula.
The formula for determining acreage to be dedicated shall be as follows:
Average No. of
Persons/Unit
park acreage standard
x 1,000 population
Example for single-family dwelling unit (DU):
minimum ac;reage
dedication/DU
3.0 X 3.6
1,000 .0108.a~res/J)U
The following table of population density has been
establi_shed pursuant to Section 66477(b) of _the Government Code:
Park Land Dedication Formula Table
Types of Dwellings
Single-Family-Detached
Duplex
Multi-Family
Mobile Homes·
Average Population
Density/DU
3,.0
2.5 1.8
1.8 Acreage/DU
(3.6 acre std.)
.0108
.009
,00648
.00648
Dedication of the land shall be ·made in accordance
w.ith.the procedures contained in Section 9-2,t412 hereof.
For the purpose of this section, the number of.new
dwelliiig units shall be based upon the number of parce~ indicated on ·the tentative or parcel map when•in an area zoned for one dwelling unit per parcel. -When all or part of 2 252
the subdivision is located in an area zoned for more than one dwelling tmit per parcel, th~ number of proposed dwelling units in the area_so zoned shall equal the 111BJCimum ·allowed_ undei;- that zone. including_ any applicable dE111Sity increases; In thll- case of a condominium projei:;t, the number of new dwelling tmits shall be the number. of condominium ilnits. The term "new dwelling tmit" does nc;,t include • dwelling •units· lawfully in place prior to the date on which thif parcei or f:l.rial maJ> is filed.
The developer shall, without credit: (1) provide full
street improvements and utility connections .including. but not limited to, curbs, gutter. street paving, tr~ffic· • control ·devices, street trees, and sidewalks to land which is-dedicated pursuant to this section; (2) provide for • fencing along -the property line of that portion of the si:ibdivision • ·contiguous to the dedicated land; · (13) provide impioved drainage through the ·site; and (4) provide other •inimal improvements.which the City determines to~
eS!!lential to the acceptance of the land for recreationa°t purpo11es.
·The land to be • dedicated and 'the improvements to be· made pursuant .to this section shall be reviewed at the tentative map stage in accordance witn the criteria set forth in-Section 9-2.1410 and approved -by the Director of Recreation and Parks.
Section 9-2.1405. Formula for Fees ln Lieu of Land
Dedication,
(a) General Formula. If there is no park. or
recreation .facility designated in ·the Recreatiop and ~arks Eiement ·of the GE!neral Plan to be located-in whoie or :in patt within the proposed subdivision for the purpos~ of serving the immediate· and future needs· ·of the resldents of thll subdivision,· the developer shail, fa lieu of dedicating land, pay a fee equal. to the value of that larid, plus ioz towardi, cost.I!! of off-site ·improvements, prescribed for • declication in Section 9-2.1404 hereof and .in .an amount determined in accordance with the provisions of Section 9-2.1407 hereof.
·For the purposes of this ordinance, ·off-site
improvementsare defined as those imprQvemertts which would have been required if land had been dedicated using the · prov'isions of Section 9-2 .. 1404. • • ( b) Fees in Lieu of Lartd; 50 Parcels or Fewer, , lf
the proposed subdivision contains fifty (50) .parce],s or fewer, ·the subdivider shall pay a fee eq1,1al to ·the land value~· plus.20% toward costs of off-site ~r6vements. of the portion of the local park·requirecl t~ serve the needs of residents of the proposed subdivision as prescribed in
Section 9-2.1404 hereof ;md in an amount determin~<l in accordance with the provisions of Section _9-2.1407 hereof.
However, nothing in this section shall prohibit the
cledication and acceptance of land for park and- recreation purp·oses in subdivisions of fifty parcels or :!;ewer. where the developer proposes ~uch dedication·. volunta;rily ·'and the land is_ approved by· the Director of Recreation and .' Parks·. (c) Use of Honey. The mon~y colle~ted·h~~eun~e;
shall be used. only for the purpoBe of acquiring necessary land _and developing new or rehabilitating ·exiBting park.or recr1µ1tional facilities reasonably related to serving ·the subdivision. •
3 ..
253
Section 9-2.1406. Criteria for Requiring Both Dedication and-Fee.
In s~~ivisions of more than fifty (50) parcels, the
developer·shall both dedicate land and.pay a fee in
accordancl!! with_the following formula:
(a) When only a portion of the land to be subdi,/'ided
is proposed on the .Recreation and Parks Element of the General Plan as the site for park purposes. such portion shall be dedicated for park purpose and a-fee computed
pursuant.to.the-provisions of Section 9-2,1406.hereof shall be paid for the value of any additional land, plus 20%
toward. costs of off-site improvements, that would have.been r_equired to be dedicated pursuant to Section 9-2,1404 hereof.
Section· 9-2.1407. Amount of Fee in Lieu of Land : Dedication. ·When a·fee is to be paid in lieu of land dedication,
the amount of such fee shall be-based upon.the fair market value c,f the ~ount of land which would. otherwise be • requited-for dedication pursuant to Section 9-2.~404 plus 20%'toward costs of off-site improvelilents, such as extension of utility· lines. The f.ee shall be determined by. the • following formula:
DUs x ~ x
DU
where
3.6 acres x FMV "'subtotal x 6/5 =
1,000 Buildable in-lieu fee
people Acre
in-lieu
fee
DUs = NUlllber of dwelling uµits as defined in Sect:i,.on 9-2.1404 R21!,.= population per dwelling unit
DU
FHV = fair market value, per buildable ac:re as det.erminell by Section 9-2.1408
Buildable Acre= a typical acre of the subdivision, with a. slope less than 10%, and-located in other
than an area on which buildtng is ~eluded
because_of flooding, easements:. -or qther
restrictions. •
Fees to· be collected pursuant to this section i;;ha,l.l be· reviewed by .the Direct.or of Recreation and Parks to
ascertain if they comply with the formula set forth abc;ive.
If .. i:qmpliance is found, then the fees shall be approved by the Director of -Recreation and Parks. • ••
Section 9-2.1408. Determination.of Fair Market Value.
The fair market value per buildable acre shall he
determined annually by resolution adopted.by the City
Council of the Cit_y of Los Banos.
Sectfon 9-2.1409. Formula·for Park Development Fees,
(~) General Formula .. A fee shall be paid for -park
devdopment by-the 4eveloper of each new dwelling unit
irresp_ective· of whether the· developer is required to . dedicate land or pay fees in lieu of land dedication as set forth in Sections 9-2.1404 and 9-2.1405, This fee 'shall be usell to pay for those improvements including, but not
limited to. landscaping and installatiqn or recreational facilities which are not required by Sections 9-2., 1404 and° 9-2.1405. The fee shall be determined by the following
formula:
4 254
3.6 acres x l,000 people X
!!£
acre $/unit
~ • 'Population per dwelling unit {see Section 9-2'.1404) DU
acre
• Development cost per acre of park and recreational
facilities. · Development costs ·per acre shall be
determined .as set forth in Section 9-:2,1410.
Fees to .be collected pursuant. to this .section shall be reviewed by the Director of Recreation and Parks to
ascertain if they comply with the formula set forth above.
If .compliance ·is found, then the fees shall be approved by the Director of Recreation and Parks.
Section 9~2.1410. Detemination of Park Development
Cost Per Acre.
The development cost. per acre of park larid shall be
determined annually by resolution adopted by the City
Council of the City of Los Banos. · • •
Secti<m 9-2;1411. Determination of Land. or Pee.
0 Whether the City accepts land dedication. or elects to ~equire payment of a fee. in lieu thereof; or a combination of both, shall be determined by consideration of the
following:
(a) The natural features, BCcess, and location of
land in the subdivision available for -dedication;.
(b) The size and shape of the subdivision and land
available for dedication;
(c) The feasibility of dedication; ·
(d) The compatibility of .dedication with the
Recreation and Parks Element of the General_Plan; and
(e) The location .of existing and proposed·park sf,tes
and trailways.
Section 9-2.1412. Credit f~r Private Open Space,
No credit shall be given for private open space in the
subdivision except as hereinafter provided. Where private open space usable' for -active recreatiorµal -purposes is provided in a proposed planned development or real estate development as defined in Sections 11003 and 11003.1 of the Business and Professions Code, partial credit, not to exceed 45%, shall be given against the requirement of and
dedication or payment of fee~ in Heu ther~of if the City finds that it· is in the public interest .to do so and that all the following standards are met:
(a) Yards, court areas, setbacks. and other _open areas required by the zoning and building ordinances and regulations shall not he included in the computation of $UCh private open space; and
(b) Private park and recreational facilitie.$ shall; ~ owned by an owners association compose·d of all property owners in the subdivision and being an 'incorporated
nonprofit organization capable of dissolution only·by a 100% affirmative vote of the membership and approved by the city, operated under·recorded land agreements through which each lot :owrier in· the neighborhood is automatically a member, ,µid 5 255
each lot is subject to a charge for a proportionate share of expenses for maintaining· the facilitiesf and
(c) Use cif the private open space is rest,rictecl for
park.and recreation purposes by recorded covenant which runs the land in favor·of the future owners of. the property.and which cannot be defeated o~ eliminated without· the consent of the city or its successor; and
(d) The· proposed private open space is reasonably .
adaptable for use for park and recreation purposes, taking into considerat;ion such factors as. size, shape, ·topography., geology, access, .and location; and
~e open space.for which. credit is given is a minimum
of t;hree acres and provides a min.imum of five of the local park basic elements listed below, or a combination of such and·other recreation improvements that will·meet.the
specific recreation needs of future residents·of the area:
Elementsi _Acres
l. ·Children's play apparatus area '.so to .75
2. Landscape park-like with quiet areas. .50 to l.00
3. Family picnic area .25 to .75
4. GaJne courl, area .25 to .so
5. 'J:Qrf playfield LOO to 3.00
6. Swimming po~l (42 1 X 75 1 with
adjacent deck·and lawn areas) .25 to ;SO
7. Recreation center building .15 to .25
Before credit is given, the Recreation, Parks, and Community Service Director shall make written findings that the above stan4rds are met.
Section 9-2.1413. Procedure.
At the time of approval of the tentative map or parcel
map, rezoning, or any other disc.retionary approval of . development, the Recreation, Parks, o1µ1d Community Service Director shall determine, pursuant to Section 9-2.1404
hereof, the land required for dedication. If.the
Recreation, .Parks, and Community Service Director requites in-lieu .fee payment by the developer, the Recreation, Parks, ;uid Community Service Director shall set the amount of land upon which the in-lieu fee. will be based at the time of final map approval. At the time of filing of final. map, the 1,ubdividet shall dedicate the land. In-lieu fees and Park Dedication Fees shall be paid at the time of final
lnspection, prior to issuance of a certificate of
occupancy. In-lieu fees. shall be established using current land values at the time of payment with the formula set forth in Section 9-2.1407 ... Park development fees shall be established using current park improvemerit costs at the time of payment with the formula set forth in Section 9-2.~409. ' Open space covenants for private park or recreation
facilities shall be submitted to the City prior t'O. approval of the final subdivision map or parcel map and shall be .r~corded contemporaneously with the final subdivi$ion l!lllP• The land to be dedicated and/or in-lieu andpa;rk
development fees to be paid, shall be subje~t·to the latest adopted ordinances, resolutions, policies,. an4fees, adopted by.the.City Council .and in effect at the time.of the.final map review a,nd approval.
Section 9-2.1414. Disposition of Fees.
Fee~ determined pursuant to Section 9-2~1407 and
~-2,1409 shall be.paid to the City Finance Director and shall :be deposited into the .subdivision park trust funcl. or 6 256
\.
its succe_ssor. Money .in said fund. including accrued
in:terest. shall be. expended solely for acquisition.
d·evelopment. or rehabilitation of park land· or improvements related thereto.. •
. Collected fees shall be appropriated by the local
agency to which the land or fees are conveyed or· paid for a specific-project to serve residents of the subdivision in a budgetary year within five years upon receipt of payments or within five years after the issuance of building pennits on one-half of the lots created by the subdivision. whichever occurs later.
If s.uch -fees· are not so committed, these fees shall be d:j.stributed and·· paid to . the then record owners of the subdivision in the same proportion that the size of their lot bears to the total area of all lots.in tpe subdivision. . . _The City Finance Director shall report to the City at
least annually on income, expenditures, and status of. the subdivision park trust fund.
Sec~ion 9-2.1415. Exemptions.
Subdivisions containing less than five parcels and not
used for residential purposes shall be exempted from the requirements of this ordinance; provided, however,·that a condition shall be placed on the approval of such parcel.map that if a building permit is requested for construction·of a residential structure· or structures on one or more of the parcels the fee may be required to be paid by the. owner of each such parcel as condition to the issuance of such permit.
The.provisions _of the ordinance do not apply·to.
commercial or.industrial. subdivision; nor do.they apply to condominium' projects ·or stock cooperatives which consist of the subdivision of air space in an existing apartment
building which is more than five years old when ·no new dwell:!.ng units are added. •
Section 9-2.1416. Developer--Provided -Park and Recreation Improvements.
After • the Planning Commis_sion determines that land
required for dedication and/or in-lieu _fee payment ·by_ the developer. the developer may apply to the recreation.and Parks Department for per.mission to construct; specified'park and recreation improvements on land· of said developer • required:for. dedication or on other land within the same city service area to be developed-as a park.- If the • Rec.reation and Parks Department grants the developer • permission for constructioil.-of ·specified parks and recreation improvements on·said land. said Department shall fix the dollar value of the parks and recreation
improvements approved by said Department. The dollar value of park and recreation improvements provided by the
developer in the manner described herein-shall be credited against the fees required by this ordinance.
Sect;i.on 9-2-.1417. Schedule for Use of Land or Fees.
The Recreation and Parks Department shall develop a
schedule specifying how, when. and'where it will. use the land·or·fees. or both. to develop park or recreatio~al
facilities to serve residents of the subdivision .••
Section 9-2;1418. Access.
All land offered for dedication to local pa:i:-k or·. 1.'ec;reational. purposes shall. have access.to.at least one existing _or proposed pµblic street. This. requirement may be waived by the City if the City determines that public street; 7 257
access is unnecessary for maintenance of the park area Or use thereof by residents.
Section 9-2.1419. Sale of Dedicated Land.
r£ during the ensuing time between dedication of land
for park purposes and commencements of first-stage
developmertt, circumstances arise which indicate t.hat another site would be more suitable for local park or recreationaI· purposes serving the subdivision and the neighborhood (such as receipt of a gift of additional park land or a change in school location), the land may be.sold upon the approval of the City with the resultant funds being used for the
purchase of a.more suitable site.
Section 2. If arty section, subsection, sentence, clause, phrase or-portiqn of this ordinance is, for any reason, held to be il1valid or unconstitutional by the decision of any court of competent jurisdic.tion; such decisions shall not affect the validity of the remaining portions of this ordinance. The_City Council hereby declares that it would have. adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections. subsections, clauses, phrases or portions shouid be declared invalid or unconstitutional.
Section 3 .. This Ordinance shall go into effect.and. be·in full force and operation thirty (30) days after its final passage and adoption, and shall b~_published by one (1) insertion in the Los Banos Enterprise, a newspape_t: printed and published in the City of Los Banos, within. fifteen (15) days·after •its final passage.
1991.
ATTEST:
Introduced by Council Member O'Brien on the 17th day of April, Passed on the lst.4ay of May, 1991, by the following vote:
AYES: COUNCIL MEMBERS Affonso, O'Brien, ._Scott, Sparks, and Mayor Austin
NOES: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS None
Mayor - City of ~C~ Los Banos
8. 258
ORDINANCE NO. 844
AN ORDINANCE OF THE CITY OF LOS BANOS AMENDING SECTION
9-2.1413 OF CHAP!'ER 2, TITLE 9, OF THE LOS BANOS
MUNICIPAL CODE PERTAINING TO PARK DE:yEU>PMENT FEE AND
PARK DEDICATION FEE
The City Council of the City of Los Banos do·es ordain as follows:
Section 1. Section 9-2.1413 of Chapter 2, Title 9, of
the Los Banos Municipal Code is hereby amended to read as follows:
Sec. 9-2.1413. Procedure.
At ·the time of approval of the tentative map or
parcel map, rezoning, or any other discretionary approval of development, the Recreation, Parks, and Community Service Director shall ~etermine, pursuant to Section
9-2.1404 hereof, the land required for dedication. I .f the Recreation, Parks and Community service Director
requires in-lieu fee payment by the developer, the
Recreation, Parks and Co~unity service Director Service Director shall set the amount of land upon which the
in-lieu fee will be based at the time of final map approval. At the time of filing of final map, the subdivider shall dedicate the land. In-lieu fees and
Park Development Fees shall be paid at the time of final inspection, prior to. issuance of a certificate of
occupancy. In-lieu fees shall be established using
current land values at the time of payment with the
formula set forth in Section 9-2 .14·01. Park development fees shall be established using current park improvement costs at the time of payment with the formula set forth in Section 9-2.1409.
Open space covenants for private park or recreation
facilities shall be submitted to the City prior to
approval of the final subdivision map orparcel map and
shall be recorded contemporaneously with the final
subdivision map.
The land to be dedicated and/or in-lieu- and park development fees to be paid, shall ·be subject to the latest adopted ordinances, resolutions, policies, and
fees, adopted by the City Council and in effect at the
time. of the final map review and approval.
Sectipn 2. This ordinance shall be published by one (1) insertion in the Los Banos Enterprise, a newspaper'printed and published in the city of Los Banos, within fifteen (15) days after its final passage.
Introduced by Council Member O'Brien on the 17th day of Apl;il, 1991.
BERMIND, BRDPIE, RUNTL AMARAL, JDADAN & CARPENTER
11~ WEff t aTIIECT, MlfTIC e
I.CIII AN08,_ aAl.lnlRNIA i,:11a:11a
259
vote:
ATTES',I.':
Passed on the 1st day of May, 1991, by the following· • ••• AYES: COUNCIL MEMBERS Affonso, O'Brien, Scott, Sparks, and Mayor Austin
NOES: COUNCIL MEMBERS Norte
ABSENT: COUNCIL MEMBERS None
APPROVED:
~~ t('. Mayor - City of
BERMINO, BRODIE, RUNTE, AMARAL, JORDAN & CARPENTER
11m WCaT , ln'llll:ff, aurn:: •
•· a. ax .. ,
LDII IIANDII, CALIFCIRNIA 9:lli:lli
LOs
~ Banos
260
TO:
FROM:
DATE:
LOs Banos
.rossroac, . ..,,· c.,lifo ..
Agenda Staff Report
Mayor & City Council Members
Lucy Mallonee, MMC
City Clerk/Human Resources Director
October 18, 2023
SUBJECT: Announcement of City Commission Vacancies and Appointment of Council Members to Serve on the Selection Committees
TYPE OF REPORT: Agenda Item
Recommendation:
Appoint Council Members to serve with the Mayor on selection committees.
Discussion:
The City Clerk must report to the City Council current and upcoming vacancies on City Commissions. Vacancies will be advertised in the local newspaper, on the City's website, on City social media platforms and on the bulletin board located outside of City Hall. The deadline to submit an application to serve on a City Commission is Friday, December 22, 2023 and the appointments are tentatively scheduled for the City Council meeting of Wednesday, January 17, 2024.
Attachment:
Notice of Vacancy
261
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262
LOs Banos
thr ( mssmads of 1 ,· 1 ,
NOTICE OF VACANCIES ON CITY COMMISSIONS
Notice is hereby given that the City of Los Banos is now accepting applications from citizens 18 or older residing within the City limits of Los Banos interested in serving on the following City Commissions/Committees:
Airport Advisory Commission - Three (3) Vacancies
Two (2) Two (2) Year Terms - Expiring December 31, 2025 One (1) Unexpired Term - Expiring December 31, 2024
Measure H Citizens' Oversight Committee - Two (2) Vacancies Two (2) Two (2) Year Terms- Expiring December 31, 2025
Measure P Committee - Two (2) Vacancies
Two (2) Three (3) Year Terms - Expiring December 31, 2026 Parks & Recreation Commission - Two (2) Vacancies
Two (2) Two (2) Year Terms - Expiring December 31, 2025 Tree Commission - Three (3) Vacancies
Three (3) Two (2) Year Terms - Expiring December 31, 2025 The various commissions meet once a month, twice a month, or quarterly and serve as advisory bodies to the City Council and Administrative Officials on such actions as they deem necessary, proper or advisable for the proper administration of City functions.
Commissioners receive no compensation for their time, although they may be requested to attend training workshops or seminars at City expense. If you are interested in volunteering to serve on any of the City Commissions, are a resident of the City of Los Banos and at least eighteen (18) years of age, please contact the City Clerk's Office at City Hall, 520 J Street, 827-2448 to request an application or access an application on the City's website: www.losbarios.org. The deadline to submit an application to ttie City Clerk is Friday, December 22, 2022 before 5:00 p.m., and the appointments are tentatively scheduled for the City Council meeting of Wednesday, January 17, 2024. 263
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264
Joining a Los Banoa City CommtSSlon will support the
decisions being mode In your community! The frequency o commission meetings vanes. All commissioners serve as pa of advisory bodies 'to the City Council and Administrative Officials on related City functions.
Commissioners receeve no compensotlon for their time
although they may be requested to attend trointng workshops or semJnai's at City expense. If you are interested In
volunteering to serve on any of the City Commissions, are o resident of the City of Los Banos and at least ~ghteen (18) years of age, please contact the City Clerk's Office at C Hall. 520 J Street, (209)-827-2448 to request an opplicatloo or access on opphcot,on on the Ctty1s website·
www.LosBonos,Org
The deadline to submit an application to the City Clerk iS Friday, December 22, 2023 before 5:00 pm.
265
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266
LOsBanos
At the Crossroads of Calff ornia
COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT
Date: October 13, 2023
Regarding: Notice of Public Hearing
Proposal: Conditional Use Permit #2023-09 - Type 41 Alcohol License NOTICE IS HEREBY GIVEN THAT a Public Hearing will be held by the Los Banos Planning Commission to consider Conditional Use Permit #2023-09 and a Categorical Exemption from the California Environmental Quality Act pursuant to Section 15301, Existing Facilities, to allow the use of a Type 41 Alcohol License for the on-sale of Beer and Wine for a bona-fide eating place, Biggins Texas BBQ, located at 609 I St., more specifically identified as Assessor's Parcel Number 025-231-019.
A PUBLIC HEARING on this matter will be held at the next scheduled meeting of the Los Banos Planning Commission on Wednesday, October 25, 2023 at 6:00 p.m. in the Council Chambers of Los Banos City Hall, located at 520 "J" Street, Los Banos, California. Questions regarding the above-referenced item may be directed to Rudy Luquin, Associate Planner, at City Hall or at (209) 827-2432.
All persons are invited to be present at the public hearing. Written and oral testimony is invited. Notice is hereby further given that if you challenge the above described Project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this Notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing.
Additional information may be obtained from the Community & Economic Development Department at 520 J Street, Los Banos, California. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Office of the City Clerk at (209) 827-7000. Notification at least 72 hours prior to the public hearing will enable the City to make reasonable arrangements to allow participation at this hearing
LOS BANOS
\
Rudy Luquin
Associate Planner
267