LOsBanos
At the Crossroads of California
www.losbanos.org
AGENDA
CITY COUNCIL MEETING
CITY HALL COUNCIL CHAMBERS
520 J Street
Los Banos, California
DECEMBER 6, 2023 - 6:00 PM
HOLIDAY OPEN HOUSE - 4:30 PM
Live stream on YouTube at:
, ............................................................. https://www.youtube.com/@losbanos406 ....................................... .
If you require special assistance to attend or participate in this meeting, please call the City Clerk's Office @ (209) 827-7000 at least 48 hours prior to the meeting.
The City of Los Banos complies with the Americans with Disabilities Act (ADA) of 1990. * * * * * * * ** * * * * * * *
Si requiere asistencia especial para atender o participar en esta junta por favor 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 cumple con la Acta de Americanos con Deshabilidad (ADA) de 1990 . ...... ···························································••·••······················••···························· ········································· ·············· ············· ................................................................................. .
Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the meeting and in the City Clerk's office located at City Hall, 520 J Street, Los Banos, California during normal business hours. In addition, such writings and documents may be posted on the City's website at www.losbanos.org.
* * * * * * * ** * * * * * * *
Cualquier escritura o los documentos proporcionaron a una mayoria def Ayuntamiento respecto a cualquier articulo en este orden def dia sera hecho disponible para la inspecci6n ptJblica en la reunion y en la oficina de la Secretaria de la ciudad en City Hall, 520 J Street, Los Banos,
California durante horas de oficina normales. Ademas, tales escrituras y los documentos pueden ser anunciados en el website de la ciudad en www.Josbanos.org.
Please note: The Brown Act provides the public with an opportunity to make public comment at any public meeting. As an alternative for in-person comments, written public comment may be made by e-mail to [email protected] or delivered to the City Clerk at City Hall, 520 J Street three (3) hours prior to the scheduled time of the meeting. Comments received will not be read aloud at the meeting, but shall be distributed to the City Council via e-mail and added to the agenda packet on the City's website for public review. Agenda packets can be found on the City's website at the fc:>llowing link: https://losbanos.org/category/city-council/ Los Banos City Council Agenda - December 6, 2023 Page 1 of4 1 1. CALL TO ORDER - December 6, 2023 6:00 PM
2. PLEDGE OF ALLEGIANCE.
3. ROLL CALL: (City Council Members)
Kenneth Lambert - District 1
Brett Jones - District 3
__ Douglas Begonia, Jr. - District 2
Deborah Lewis - District 4
__ Paul Llanez - Mayor
4. CONSIDERATION OF APPROVAL OF AGENDA.
Recommendation: Adopt the agenda as submitted.
5. PRESENTATIONS.
A. Certificate of Recognition - Andrew Denny & Juan Ramirez - Fire Engineers, City of Los Banos Employees of the Month for November 2023.
8. Proclamation - Recognizing the Retirement of City of Los Banos Police Chief Gary Brizzee, Jr.
C. Proclamation - Recognizing the Retirement of City of Los Banos Police Sergeant Jesse Ceja.
D. Proclamation - Recognizing the Retirement of City of Los Banos Police Officer Noah Jones.
E. Proclamation - Recognizing the Retirement of City of Los Banos Foreman Tim Baptista, Sr.
F. Proclamation - Recognizing the Retirement of City of Los Banos Foreman Anthony (Butch) Terranova.
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 #242034 - #242282 in the Amount of $2,659,365.04.
Recommendation: Approve the check register as submitted.
Los Banos City Council Agenda - December 6, 2023 Page 2of4 2 B. Minutes for the October 18, 2023 City Council Meeting.
Recommendation: Approve the minutes as submitted.
C. Minutes for the November 1, 2023 City Council Meeting.
Recommendation: Approve the minutes as submitted.
D. City Council Resolution No. 6712 - Authorizing the City Manager to Execute the Contract with Ronnys Inc. for the Construction of the Shaunessy village Park in the Amount of $897,201.03 and a Project Contingency of $89,720.00.
Recommendation: Adopt the resolution as submitted.
E. City Council Resolution No. 6713 -Accepting the Exterior Painting of Four (4) City-Owned Buildings Project as Complete and Authorizing the Filing of a Notice of Completion with the Merced County Recorder.
Recommendation: Adopt the resolution as submitted.
F. City Council Resolution No. 6714 - Approving the Acceptance of a $9,477.18 UC Davis Koret Shelter Medicine Grant via Their California for All Animals Program and Amending the Fiscal Year Budget by Increasing the Appropriation Amount for Expenditures and Revenues in the Amount of $9,477.18.
Recommendation: Adopt the resolution as submitted.
G. City Council Resolution No. 6715 - Amending the Fiscal Year 2023-2024 Budget by Increasing Appropriations in the Street & Road ImprovementsOverlay Account 100-431-210-715 and Authorizes the Interim Public Works Director/City Engineer to Execute Change Order No. 3 to the Contract with United Pavement Maintenance, Inc. in the Amount of $595,271.70 for the Additional Rehabilitation of Birch Avenue.
Recommendation: Adopt the resolution as submitted.
H. City Council Resolution No. 6716 - Authorizing the City Manager to Execute a Professional Services Agreement with Vanir Construction Management, Inc. for Project Management Services for the New Fire Station No. 4 Project in the Amount of $35,435.00.
Recommendation: Adopt the resolution as submitted.
8. PUBLIC HEARING. (If you challenge the proposed action as described herein in court, you may be limited to raising only those issues you or someone else raised at the public hearing described herein or in written correspondence delivered to the City at, or prior to, the public hearing.)
A. Public Hearing - To Receive Public Comment and Consideration of a Conditional Use Permit #2023-09 and a Categorical Exemption from the California Environmental Quality Act (CEQA) Pursuant to Section 15301, Existing Facilities, to Allow the Use of a Type 41 Alcohol License for the OnLos Banos City Council Agenda - December 6, 2023 Page 3of4 3 Sale of Beer and Wine for a Bona-Fide Eating Place, Biggins Texas BBQ Located at 609 I Street, APN 025-231-019.
1) City Council Resolution No. 6717 - Finding the Proposed Project to be Categorically Exempt from the California Environmental Quality Act Pursuant to Section 15301, Existing Facilities and Approving Conditional Use Permit #2023-09 to Allow for the On-Sale of Beer and Wine Under a Type 41 Alcohol License at 609 I Street, More Specifically Identified as APN 025-231-019.
Recommendation: Receive staff report and adopt the resolution as submitted.
9. ADVISEMENT OF PUBLIC NOTICES. (Four Reports)
Recommendation: Informational item only, no action to be taken.
10. CITY MANAGER REPORT.
Recommendation: Informational item only, no action to be taken.
11. REPORT/UPDATE ON MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG), PENINSULA CLEAN ENERGY (PCE), MEASURE V COMMITTEE, AND
SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT (SJVAPCD),
AND LOS BANOS DOWNTOWN PROPERTY & BUSINESS IMPROVEMENT
DISTRICT (LBDPBID).
Recommendation: Informational item only, no action to be taken.
12. CITY COUNCIL MEMBER REPORTS.
A. Kenneth Lambert - District 1
B. Douglas Begonia, Jr. - District 2
C. Brett Jones - District 3
D. Deborah Lewis - District 4
E. Paul Llanez - Mayor
13. ADJOURNMENT.
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. ~ Lucille L. Mallonee, I. ~ City Clerk Dated this 1st day of December 2023 Los Banos City Council Agenda - December 6, 2023 Page 4of4 4 CERTIFICATE OF RECOGNITION
<Presented <To
ANDREW DENNY
FIRE ENGINEER - LOS BANOS FIRE DEPARTMENT
In recognition of your outstanding peiformance
and aedicated service to tne City of Los <13anos ana
for 6eing namea "P,mp{oyee of tne 9rf.ontn "for :}\(ovem6er 2023.
Pau[ £Canez, :M.ayor
<Datea: <Decem6er 6, 2023
LOsBanos
At the Crossroads of California
5 CERTIFICATE OF RECOGNITION
(presentecf <To
JUAN RAMIREZ
FIRE ENGINEER- LOS BANOS FIRE DEPARTMENT
In recognition of your outstancfing peiformance
anc£ c£ec£icatec£ service to the City of Los <Banos anc£ for 6eing namecf "P,mpCoyee of the ~onth "for Wovem6er 2023. <Pau{ Lfanez, <J1.ayor
(J)atecf: (J)ecem6er 6, 2023
LOsBanos
Al the Crossroads of California
6 tOsBanos
' 10 I( IU ,l,f 11 ntu
PROCLAMATION
RECOGNIZING THE RETIREMENT OF
CITY OF WS BANOS
POLICE CHIEF GARY BRIZZEE, JR.
WHEREAS, Gary Brizzee, Jr. was first hired as a Police Officer by the City of Los Banos on December 15, 1995 and left for a short period to return on September 23, 2002; and
WHEREAS, Gary Brizzee, Jr. moved up amongst the ranks to Police Sergeant on January 17, 2003 to Police Commander on September 12, 2005, and then to Police Chief on May 17, 2010; and
WHEREAS, Gary Brizzee, Jr. served as the City's Acting City Manager three times:
November 2012 to April 2013, January to June 2016, and March to September 2021; and WHEREAS, Gary Brizzee, Jr. has contributed tremendously throughout his career to the community of Los Banos with his knowledge and commitment to his job; and WHEREAS, Gary Brizzee, Jr. retired from the City of Los Banos as Police Chief on November 18, 2023 with 26 years of service as a full-time City employee.
NOW, THEREFORE, BE IT PROCLAIMED that the Mayor and City Council Members of the City of Los Banos do hereby commend Gary Brizzee, Jr. on his dedication and loyalty to the City of Los Banos and congratulate him on his retirement.
BE IT FURTHER PROCLAIMED that this proclamation was presented to Gary Brizzee, Jr. at the City Council Meeting held on December 6, 2023.
In witness whereof, I have hereunto set my hand
and caused to be affixed the seal of the City of Los
Banos, this 6t h day of December 2023.
APPROVED:
Paul Llanez, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
7 LOsBanos 111 ,,,a I of ( ,1F1/1
PROCLAMATION
RECOGNIZING THE RETIREMENT OF
CITY OF LOS BANOS
POLICE SERGEANT JESSE CEJA
WHEREAS, Jesse Ceja was hired as a Reserve Police Officer by the City of Los Banos on January 25, 1996 and then a Police Officer on January 1, 1998; and WHEREAS, Jesse Ceja worked as a K-9 handler and Investigator from March 1999 to July 2007 until he was promoted to Police Sergeant on July 9, 2007; and WHEREAS, Jesse Ceja was the Administrative Sergeant who oversaw Fi.eld Training Officer Programs and was named the 2007 Officer of the Year by the Los Banos Police Department; and
WHEREAS, Jesse Ceja has contributed tremendously throughout his career to the community of Los Banos with his knowledge and commitment to his job; and WHEREAS, Jesse Ceja retired from the City of Los Banos as a Police Sergeant on December 1, 2023 with more than 25 years of service as a.full-time City employee.
NOW, THEREFORE, BE IT PROCLAIMED that the Mayor and City Council Members of the City of Los Banos do hereby commend Jesse Ceja on his dedication and loyalty to the City of Los Banos and congratulate him on his retirement.
BE IT FURTHER PROCLAIMED that this proclamation was presented to Jesse Ceja at the City Council Meeting held on December 6, 2023.
In witness whereof, I have hereunto set my hand
and caused to be affixed the seal of the City of Los
Banos, this 6th day of December 2023.
APPROVED:
Paul Llanez, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
8 LOsBanos
(1,, "'"' 1f 1/ JI II ICI
PROCLAMATION
RECOGNIZING THE RETIREMENT OF
CITY OF LOS BANOS
POUCE OFFICER NOAH JONES
WHEREAS, Noah Jones was hired as a Community Services Officer by the City of Los Banos on December 27, 1994; and
WHEREAS, Noah Jones was promoted to Police Officer on December 17, 1995; and WHEREAS, since 2004 Noah Jones has managed one of the longest running Police Activities League (PAL) programs in the state of California for the City of Los Banos; and WHEREAS, Noah Jones has contributed tremendously throughout his career to the community of Los Banos with his knowledge and commitment to his job; and WHEREAS, Noah Jones retired from the City of Los Banos as a Police Officer on December 1, 2023 with more than 28 years of service as a full-time City employee.
NOW, THEREFORE, BE IT PROCLAIMED that the Mayor and City Council Members of the City of Los Banos do hereby commend Noah Jones on his dedication and loyalty to the City of Los Banos and congratulate him on his retirement.
BE IT FURTHER PROCLAIMED that this proclamation was presented to Noah Jones at the City Council Meeting held on December 6, 2023.
In witness whereof, I have hereunto set my hand
and caused to be affixed the seal of the City of Los
Banos, this 6th day of December 2023.
APPROVED:
Paul Llanez, Mayor
AITEST:
Lucille L. Mallonee, City Clerk
9 LOsBanos
At 1 1 t , 1 .,,,,,u. o/ 1l1Jm '""
PROCLAMATION
RECOGNIZING THE RETIREMENT OF
CITY OF LOS BANOS
FOREMAN TIMOTHY BAPTISTA, SR.
WHEREAS, Timothy Baptista, Sr. was hired as a Maintenance Worker I with the Public Works Department on July 25, 2006; and
WHEREAS, Timothy Baptista, Sr. moved up among the ranks and became a Maintenance Worker II on July 1, 2016 before being promoted to Streets Foreman on October 1, 2018 and then Solid Waste Foreman January 1, 2020; and WHEREAS, Timothy Baptista, Sr. has contributed tremendously throughout his career to the community of Los Banos with his knowledge and commitment to his job; and WHEREAS, Timothy Baptista, Sr. retired from the City of Los Banos as a Foreman with the Public Works Department on December 1, 2023 with more than 17 years of service as a full-time City employee.
NOW, THEREFORE, BE IT PROCLAIMED that the Mayor and City Council Members of the City of Los Banos do hereby commend Timothy Baptista, Sr. on his dedication and loyalty to the City of Los Banos and congratulate him on his retirement.
BE IT FURTHER PROCLAIMED that this proclamation was presented to Timothy Baptista, Sr. at the City Council Meeting held on December 6, 2023.
In witness whereof, I have hereunto set my hand
and caused to be affixed the seal of the City of Los
Banos, this 6th day of December 2023.
APPROVED:
Paul Llanez, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
10 LOs Banos
\1 the Crm,swculs oJ California
PROCLAMATION
RECOGNIZING THE RETIREMENI' OF
CITY OF LOS BANOS
FOREMAN ANI'HONY (BUTCH) TERRANOVA m
WHEREAS, Anthony (Butch) Terranova III was hired as a Utilities Maintenance Worker I with The Public Works Department on August 1 7, 1998; and WHEREAS, Anthony (Butch) Terranova III moved up among the ranks and became a Utilities Maintenance Worker III on July 1, 2001 before being promoted to Foreman on July 2, 2002;and
WHEREAS, Anthony (Butch) Terranova III has contributed tremendously throughout his career to the community of Los Banos with his knowledge and commitment to his job; and
WHEREAS, Anthony (Butch) Terranova retired from the City of Los Banos as a Foreman with the Public Works Department on December 2, 2023 with more than 25 years of service as a fall-time City employee.
NOW, THEREFORE, BE IT PROCLAIMED that the Mayor and City Council Members of the City of Los Banos do hereby commend Anthony (Butch) Terranova III on his dedication and loyalty to the City of Los Banos and congratulate him on his retirement.
BE IT FURTHER PROCLAIMED that this proclamation was presented to Anthony (Butch) Terranova III at the City Council Meeting held on December 6, 2023.
In witness whereof, I have hereunto set my hand
and caused to be affixed the seal of the City of Los
Banos, this 6th day of December 2023.
APPROVED:
Paul Llanez, Mayor
AITEST:
Lucille L. Mallonee, City Clerk
11 THIS PAGE IS INTENTIONALLY LEFT BLANK
12 CK# 242034 - # 242282 12/06/2023 $2,659,365.04
Check Report
Check by Date
T Cityof B LOS ... anos
Number Payment Date Vendor Name Payment Type Void Payment Amount 242087 11/09/2023 A Plus Tree, LLC Regular 71,188.48
242088 11/09/2023 Apex Annex Health Center, Inc. Regular 851.00 242089 11/09/2023 Core Business Interiors Regular 296,223.91 242090 11 /09/2023 Central Valley Concrete Inc. Regular 15,068.40 242091 11/09/2023 CSG Consultants Inc. Regular 25,805.00 242092 11 /09/2023 Employment Development Dept Regular 2,328.00 242093 I 1/09/2023 Garton Tractor Inc Regular 12,213.21 242094 11 /09/2023 Holt of California Regular 113,415.38 242095 I 1/09/2023 Jennifer Loa Regular 136.11
242096 11/09/2023 Lucille L Mallonee Regular 108.47
242097 11/09/2023 Ivan Mendez Regular 562.67
242098 11/09/2023 Owen Equipment Sales Regular 8,756.70 242099 11/09/2023 Tyler Teclmologies, Inc. Regular 5,800.00 242100 11/09/2023 Windecker Inc Regular 25,942.30
242101 11/09/2023 Aramark Uniform Ser Inc Regular 452.94 242102 11/09/2023 AT&T Regular 181.31
242103 11/09/2023 AT&T Regular l9l.18
242104 11/09/2023 Battery Systems, Inc. Regular 1,165.44 242105 11/09/2023 BJ's Consumers Choice Pest Control Inc. Regular 207.00 242106 11/09/2023 Blueglobes LLC Regular 257.12
242107 11/09/2023 Boot Barn Regular 161.48
242108 11/09/2023 Bruce's Tire Inc Regular 2,115.59
242109 11/09/2023 Capital One Regular 202.30
242110 11/09/2023 Challenger Teamwear Regular 3,251.63
242111 11/09/2023 City of Dos Palos Regular 124.00
242112 I 1/09/2023 Central Valley Concrete Inc. Regular 921.11 242113 11/09/2023 Copwarelnc Regular 965.00
242114 11/09/2023 Copy Shipping Solutions Regular 685.13 242115 11 /09/2023 Display Sales Regular 4,082.00
242116 11 /09/2023 Dos Palos Publishing Company Regular 200.00 242117 11 /09/2023 DroneSense, Inc. Regular 1,051.50
242118 I 1/09/2023 F S Rod Inc Regular 561.21
242119 11/09/2023 Fast Track Car Wash Regular 644.00
242120 11/09/2023 Fehr&Peers Regular 485.00
242121 11/09/2023 Galls Inc Regular 184.00
242122 11 /09/2023 Galvin Preservation Associates, Inc. Regular 2,958.75 242123 11/09/2023 Government Revenue Solutions Holdings I, LLC Regular 750.00 242124 11 /09/2023 Eliana Gonzalez Regular 550.00
242125 11 /09/2023 Henley Pacific, LLC Regular 133.10
242126 11/09/2023 Hulberg & Associates, Inc. Regular 1,750.00 242127 11/09/2023 JC's Pure Water & More Regular 90.00
242128 11/09/2023 Jerry Witt Regular • 2,389.00
242129 11/09/2023 Language Line Setvices Regular 43.24
242130 11 /09/2023 Lucas Business Systems Regular 2,795.67 242131 11/09/2023 Max's Auto & Truck Repair Regular 730.00 242132 11/09/2023 Merced Truck & Trailer Inc Regular 530.16 242133 11/09/2023 Madera Unifonn & Accessories Regular 41.22 242134 11/09/2023 Miracle Playsystems, Inc. Regular 3,671.85 242135 11/09/2023 Monterey Auto Services Inc. Regular 240.00 242136 11 /09/2023 N & S Tractor Inc Regular 286.00
242137 11 /09/2023 NDN International LLC Regular 793.73 242138 11 /09/2023 O'Dell Engineering Regular 1,445.00
242139 11 /09/2023 OSE Regular 3,231.62
242140 11/09/2023 O'Reilly Auto Parts Regular 874.16
242141 11/09/2023 Outdoor Creations, Inc .. Regular 8,286.76 242142 11/09/2023 Premier Access Insurance Co. Regular 380.35 242143 11/09/2023 Production Sales of Silicon Valley Regular 91.35 242144 11/09/2023 Provost and Pritchard Engineering, Inc. Regular 15,144.23 242145 11/09/2023 Purchase Power Inc Regular 3,045.00
242146 11/09/2023 Quad Knopf, Inc. Regular 4,258.00
13 242147 11/09/2023 RazzariFord Regular 122.82
242148 11/09/2023 Riggs Ambulance Service Regular 638.65 242149 I 1/09/2023 Save Mart Supennarkets Regular 462.30 242150 11
/09/2023 Shred-It US N LLC Regular 1,137
.55
242151 11
/09/2023 Springbrook Software, Inc. Regular 2,367.00
242152 11/09/2023 Sorensens True Value Regular 354
.68
242153 11/09/2023 Sorensens True Value Regular 169.52
242154 11/09/2023 TeamCalifomia Economic Development Corp. Regular 3,100.00 242155 11/09/2023 Two Way Direct, Inc. Regular 4,659.90 242156 11/09/2023 Verizon Wireless Regular 418
.11
242157 11/09/2023 Julissa Varges Regular 350.00
242158 11/09/2023 Windecker Inc Regular 3,972.11
242159 11/09/2023 Xerox Financial Services Regular 4,928 .92
242160 11/09/2023 Young's Air Conditioning Regular 1,128 .50
242162 11/17/2023 A Plus Tree, LLC Regular 21,162
.00
242163 11/17/2023 Anderson Pump Company Inc Regular 20
,390.59
242164 I 1/17/2023 Apex Annex Health Center, Inc. Regular 2,108.00 242165 11/17/2023 AT&T Mobility Regular 5,232.47
242166 11/17/2023 Brindlee Mountain Fire Apparatus, LLC Regular 173,750.00 242167 I 1/17/2023 Central Valley Cardiovascular Group Inc. Regular 400.00 242168 11/17/2023 City Management Advisors, LLC Regular 19,666.67 242169 I 1/17/2023 CSG Consultants Inc. Regular 33,262.37 242170 I 1/17/2023 Duperon Corporation Regular 6,294.80 242171 11/17/2023 Eric Espindola Regular 302
.51
242172 11/17/2023 Halcyon Creek Inc. Regular 14,054
.00
242173 11/17/2023 Holt of California Regular 113,415
.38
242174 11/17/2023 InfoSend Inc. Regular 7,547
.24
242175 l 1/17/2023 iWorQ Systems Inc. Regular 8,300
.00
242176 11/17/2023 Brent Kuhn Regular 23,580.00
242177 11/17/2023 Mark Thomas & company. Inc. Regular 51,332 .05
242178 11/17/2023 Merced County Regional Waste Management Authority Regular 6,868.01 242179 11/17/2023 Mid-Valley Disposal LLC Regular 280,783.95 242180 11/17/2023 OSE Regular 7,527.68
242181 11/17/2023 Outfront Media Inc. Regular 6,000.00
242182 I I/I 7/2023 Provost and Pritchard Engineering, Inc. Regular 29,216.95 242183 I 1/17/2023 Ronny's Inc. Regular 86,152.16
242186 I 1/17/2023 State Water Resources Control Board Regular 65.00 242187 11
/17/2023 State Water Resources Control Board Regular 60 .00
242188 11/17
/2023 State Water Resources Control Board Regular 100.00 242189 I 1/17/2023 Superior Pool Products, LLC Regular
5,191.45
242190 I 1
/17/2023 Tap Master, Inc. Regular 7,965.00
242191 11/17/2023 Thomas Floor Coverings, Inc Regular 18,292.20 242192 11/17/2023 United Pavement Maintenance, Inc. Regular 743,716.23 242193 11/17/2023 Law Offices of William A Vaughn Regular 9,011.25 242194 I 1/17/2023 Westamerica Bank
- Cafeteria Plan Regular 76,688.90
242195 11/17/2023 W.M. Lyles Co. Regular 54,769.40
242196 11/17/2023 Ronny's Inc. Regular 2,454.48
242197 11/17/2023 Ronny's Inc. Regular 56,837.47
242200 11/17/2023 Alhambra Regular 43.45
242201 11/17/2023 AAA Business Supplies Regular 165.25
242202 11/17/2023 Agile Occupational Medicine PC Regular 465.00 242203 11/17/2023 Anderson Pump Company Inc Regular 4,849.89 242204 11/17/2023 Anthony Gomes Regular 320.00
242205 11/17/2023 Aramark Uniform Ser Inc Regular 1,779.14 242207 11/17/2023 AT&T Mobility Regular 730.69
242208 11/17/2023 AT&T Regular 1,357.79
242209 11/17/2023 Auto Zone Commercial Regular 22.24
242210 11/17/2023 Berenice Rossano Avalos Regular 100.00 242211 11/17/2023 Sandra Avalos Regular 350.00
242212 11/17/2023 Barton Overhead Door Inc Regular 549.74 242213 I 1/17/2023 Boot Barn Regular 161.48
242214 11/17/2023 Brinks Inc. Regular 786.16
242215 11/17/2023 Bruce's Tire Inc Regular 61.45
242216 11/17/2023 BSK Associates Regular 1,242
.00
242217 11/17/2023 CENCAL Machine & Fabrication Inc. Regular 1,413 .63
242218 I 1/17/2023 Central Sanitary Supply, LLC Regular 481.47 242219 11/17/2023 CSMFO Regular I 10.00
242220 11/17/2023 LN Curtis & Sons Regular 5,307.89
242221 I 1/17/2023 Custom Locksmith & Alarm Inc. Regular 107.99 242222 11/17/2023 Downstream Aviation LP Regular 1,425.00 242223 11/17/2023 Federal Express Corporation Regular 40.10 14 242224 11/17
/2023 Food 4 Less Regular 224.40
242225 11/17/2023 Hach Company Regular 2,108.68
242226 11/17/2023 Halo Branded Solutions Inc. Regular 393.42 242227 11/17/2023 Henley Pacific, LLC Regular 130.36
242228 11/17/2023 Horne Depot Regular
6,219.06
242231 11
/17/2023 Los Banos Chamber Of Commerce Regular 10.00
242232 11/17
/2023 Lucas Business Systems Regular 433.15
242233 11/17
/2023 Eloina Lopez Regular 600.00
242234 11/17/2023 Marfab Inc Regular 255.32
242235 11/17
/2023 McCrometer Inc. Regular 416.00
242236 11/17
/2023 Merced Truck & Trailer Inc Regular 254.17
242237 11/17/2023 Modesto Janitorial Supply Center, Inc. Regular 205.83 242238 11
/17/2023 Monterey Auto Services Inc. Regular 539
.17
242239 11/17/2023 Sarait Martinez Regular 300.00
242240 11/17/2023 Merced County Association of Government Regular 100.00 242241 11/17/2023 Napa Auto Parts of Los Banos Regular
1,168.53
242242 11/17/2023 North Central Laboratories Regular 211.93 242243 11
/17/2023 Nossarnan, LLP Regular 436.00
242244 11/17/2023 OSE Regular 72
.80
242245 11/17/2023 O'Reilly Auto Parts Regular 1,141.08
242246 11/17/2023 PG&E Company Regular 3,000.00
242247 11/17/2023 Pace Supply Corp. Regular 671.44
242248 11/17/2023 Pacific Landscape Supply, Inc. Regular 4,884.00 242249 11/17/2023 Protech Security & Electronics, Inc. Regular 395 .00
242250 11/17/2023 Quad Knopf, Inc. Regular 240.00
242251 11
/17/2023 Jeremy Rahn Regular 1,252.05
242252 11/17/2023 Ronny's Inc. Regular 11,088.56
242254 11/17/2023 SNAPCD Regular 129.00
242255 11
/17/2023 Robert & Susan Hansen Regular 79.12
242256 11/17/2023 Frank Silveria Regular 240.00
242257 11
/17/2023 Smith & Loveless Inc Regular 2,759.76
242258 11/17/2023 Sorensens True Value Regular 424.80
242259 11/17/2023 Specialty Distributors, Inc. Regular 106.30 242260 11/17/2023 Swinerton Builders Regular
1,000.00
242261 11
/17/2023 Terryberry Company LLC Regular 785.18
242262 11
/17/2023 Tractor Supply Credit Plan Regular
1,013.32
242263 11/17/2023 Triangle Rock Products Regular 730
.04
242264 11/17/2023 United Site Services, Inc. Regular 133.25 242265 11/17/2023 Verizon Wireless Regular 1,495.66
242266 11/17/2023 Westside Water Conditioning Regular 255.82 242267 11/17/2023 Windecker Inc Regular
1,216.97
242270 11
/20/2023 Aflac-Customer Service Regular 270.18
242271 11/20/2023 AFSCME District Council 57 Regular
1,685.80
242272 11
/20/2023 Empower Annuity Ins. Co of America Regular 1,449.02 242273 11/20/2023 Empower Annuity Ins. Co of America Regular 2,947.00 242274 11/20/2023 Los Ban
os Fitness & Racquet Club Regular 305.00
242275 I 1/20/2023 Los Banos Police Assn Regular
1,085.00
242276 11/20/2023 Los Banos Police Assn. Regular 280
.00
242277 I 1/20/2023 Merced County Sheriff Regular 200.00 242278 11
/20/2023 MissionSquare Regular 441.65
242279 11/20/2023 MissionSquare Regular 7,537.50
242280 11/20
/2023 Nationwide Retirement Solutions Regular
4,392.33
242281 11/20
/2023 Professi
onal Fire Fighter of Los Banos Local 4 703 Regular
1,125.00
242282 11/20/2023 State Disbursement Unit Regular
1,350.00
Break in check sequence due to the following: Payment Type Payment Check #242034 - #242086 (Payroll) Regular Checks 185 2,659,365.04 Check #242161 (Payroll) Manual Checks 0 0.00
Check #242184 - #242185 (Manual Void) Voided Checks 0
0.00 Check #242198 - #242199 (Manual Void) 185 2,659,365.04 Check #242206 (Manual Void)
Check #242229 - #242230 (Manual Void)
Check #242253 (Manual Void)
Check #242268 - #242269 (Payroll)
15 THIS PAGE IS INTENTIONALLY LEFT BLANK
16 CITY OF LOS BANOS
CITY COUNCIL MEETING MINUTES
OCTOBER 18, 2023
ACTION MINUTES - These minutes are prepared to depict action taken for agenda items presented to the City Council. For detail of this meeting refer to the electronic media (CD and/or audio) kept as a permanent record.
CALL TO ORDER: Mayor Llanez called the City Council Meeting to order at the hour of 6:01 p.m.
PLEDGE OF ALLEGIANCE: Police Commander Reyna led the pledge of allegiance.
ROLL CALL - MEMBERS OF THE CITY COUNCIL PRESENT: Council Members Douglas Begonia, Jr., Brett Jones, Kenneth Lambert, Deborah Lewis, Mayor Paul Llanez; ABSENT: None.
STAFF MEMBERS PRESENT: City Manager Pinheiro, City Attorney Vaughn, Police Commander Reyna, City Clerk/Human Resources Director Mallonee, City Treasurer Lawrence, Fire Chief Tuai la, Community & Economic Development Director Souza Elms, Interim Parks & Recreation Director Heim, Interim Finance Director Kuhn, Interim Public Works Director/City Engineer Lemus
CONSIDERATION OF APPROVAL OF AGENDA: Mayor Llanez stated that staff is requesting that item 10 - Advisement of Public Notices (One Report) be removed from the agenda.
Motion by Jones, seconded by Lambert to approve the agenda as amended with the removal of item 10 - Advisement of Public Notices (One Report). The motion carried by the affirmative action of all Council Members present.
PRESENTATIONS: CERTIFICATE OF RECOGNITION-GOLDEN VALLEY HEALTH CENTER'S STREET MEDICINE TEAM; CERTIFICATE OF RECOGNITION - RENEE DAVENPORT. Mayor Llanez presented the certificates, for which Kaylie Mello and Renee Davenport were in attendance to accept.
PUBLIC FORUM: MEMBERS OF THE PUBLIC MAY ADDRESS THE CITY COUNCIL
MEMBERS ON ANY ITEM OF PUBLIC INTEREST THAT IS WITHIN THE JURISDICTION OF THE CITY; INCLUDES AGENDA AND NON-AGENDA ITEMS. NO ACTION WILL BE TAKEN ON NON-AGENDA ITEMS. SPEAKERS ARE LIMITED TO A FIVE (5) MINUTE PRESENTATION. DETAILED GUIDELINES ARE POSTED ON THE COUNCIL CHAMBER INFORMATIONAL TABLE. Mayor Llanez opened the public forum and asked those at the meeting if they would like to speak. KA THY BALLARD, spoke of not trusting her city, concerns with all the important items being on the consent agenda and not the regular agenda which doesn't give the public the opportunity to hear about an item or ask questions, inquired as to why we are not buying copiers outright to save money and then just buy a service maintenance, she doesn't see a credit for the old 17 copier equipment, congratulated the city council to being under $1.5 million for the check register, show she would like to hear an update on the $5 million grant for a new fire station, the last minute request for the $1.5 million homeless housing, encouraged and invited the public to come to city council meetings and voice their concerns as she does not want to be the only one that comes up here, and thinks changing the meetings back 7:00 p.m. would be a good idea; CHRIS SANTOS, representing Congressman John Duarte, spoke regarding the Merced County 2023 Business of the Year awards ceremony that he attended, congratulating all those that were recognized, spoke regarding the work Congressman Duarte is doing on behalf of his constituents and he will continue his efforts to get the house back to where it should be, affirmed his support for Israel and proud to stand with the Israeli people, and prayers for the safety of all involved; UNNAMED PERSON, stated that people are here today because they have questions, questions that are not being answered, there are red flags regarding the Interim Finance Director and $26,751 tonight on the consent agenda, concerns with BWK Consulting and the staff report from the meeting his contract was approved, did not come from an official bid but a personal solicitation, how he is looking for registration and certification, how a personal email being used by BWK is not a good practice, the California Secretary of State does not show that BWK Consulting has a current registration, questions if the company the city has contracted with legally able to conduct business and if it is contract fraudulent; UNNAMED PERSON, complimented the city for the things they have done for the homeless community and to Christy McCammond and her staff for the things they have done which she considers a gold flag; CAMI AVELAR, stated that she has not forgotten the homeless, she has a video of them chopping down a tree and she called the police, hopes the city is putting money away to fix all the damage they have done, watched a naked man fix his tent from her bedroom window, they are up all night, difficult for us who live in that neighborhood, she feels there needs to be more transparency with the budget and concerns with how every week we seem to be adding more things to the budget, where are these funds coming from, concerns the city manager have come up, how it requires a lot of qualifications and doesn't seem to be a position that on the job training would be good enough, most City Managers have lots of experience, she could not do her job without her 20 years of experience, she is unclear how the City Manager is able to do his job without experience, there are problems with city employees and she would encourage the city council to not stick your head in the sand and ignore the problem, she's happy to see that the ladder truck is on the agenda but is not getting the math there on that item, if we had a reconciliation it would be helpful, how getting here for 6:00 p.m. meeting is difficult, moving it to 6:30 p.m. would be helpful; UNNAMED PERSON from New Beginnings Church spoke regarding the upcoming Annual Harvest Fun Festival on October 31st from 5:30-8:00 p.m. which they have been hosting for over 13 years with lots of activities going on and many food businesses that will be there; UNNAMED PERSON, spoke regarding concerns about Shaunessey Village and access to DeAnza by MSEFCU, how it is a safety issue and would like an update on those items, read a letter from the City of Los Banos to developer Stonefield regarding their stance on the road improvements, tentative map, CalTrans approval, final phase maps, notice to developer to comply, and he wants to know what is being done; SALLY HUGHES, American legion Auxiliary, spoke how they are fundraising for Wreaths Across America program for $17 each from any member or go purchase online; UNNAMED PERSON, stated she is still waiting for a report on the animal shelter, we still do not have a city engineer, would request that you reconsider the animal shelter modular, and would like to have an animal advisory commission approved; MIKE HUGHES, Commander of the 18 VFW, thanked the City, especially Ivan Mendez and the Public Works employees who have worked diligently on the Veterans Day parade that is happening on November 4th and invited all to be come to the parade, which will be saluting the Air Force this year, there will be a breakfast before the parade at the Veterans Memorial Hall, thanked the City very much for the support they give; UNNAMED PERSON, representing the Elks, invited all to the Halloween costume for pets event on October 28th and that animals that are adoptable will be there, speaking to how Christy McCammond and her staff helped house a local veteran and thanked all that worked on that, how fantastic Christy McCammond is and a great addition to the city and another arm to aid to the public's wishes, how the Elks provide a welcome home kit for all veterans that are moving into any kind of home; ROY TODD, volunteer representative of the Los Banos Chamber of Commerce, announced that signups are being taken for the Christmas Parade, the upcoming Second Annual Trunk or Treat event, Mixer on October 26th, congratulated Golden Valley Health Center ribbon cutting, spoke regarding the new chamber members, congratulated Noah Jones with the Los Banos Police Department, thanked him for his years of help as he is always there bright and early to help; MARIBEL GARCIA, representing Los Banos Downtown Association, spoke regarding the upcoming Farm to Table event, thanked the city for their support and to all the sponsors, special thank you to everyone who showed up, how they have been working on a downtown surveillance program, more waste receptacles downtown, want to ensure your shopping experience downtown is the best it can be, upcoming Winter Night Celebration on November 30th downtown and thanked all the sponsors. No one else came forward to speak and the public forum was closed.
CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Council Member Lewis requested that the following items be removed from the Consent Agenda for discussion before approval: 7C - City Council Resolution No. 6696 - Approving the IT Managed Services Fixed Agreement with Mid Valley IT, 7D - 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, 7E - City Council Resolution No. 6698 - Rejecting Bids for the Construction of the Shaunessy Village Park Project, 7F - 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, 7H - 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.
Item 7C - City Council Resolution No. 6696 - Approving the IT Managed Services Fixed Agreement with Mid Valley IT. Council Member Lewis inquired if we have an agreement with Mid Valley IT that we have been doing business with since 2019, for which Interim Finance Director Kuhn responded that there is one from 2019 with no duration; Council Member Lewis inquired as to if there is a reason we didn't go out to bid for these services for which Interim Finance Director Kuhn explained there is no need to go out to bid for these services; Council Member Lewis inquired as to why it only a one year contract for which Interim Finance Director Kuhn explained that this will be brought back up in a year during budget time, and that he can't speak to the former Finance Director, former City 19 Manager, or former City Council on why they did what they did; council Member Lewis stated that she has concerns with the COLA they will be charging and hopes that the city will take this out to bid as this would be the appropriate thing to do; Mayor Llanez stated that IT is an item that you need for continuity of business and supports approval of this item; City Attorney Vaughn stated that professional services are not bid, but RFPs are requested, it is not a bidding situation, if the city wants to it can request proposals.
Item 70 - 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. Council Member Lewis has concerns the city moving to use community procurement, Sourcewell, and not giving the local businesses a chance to bid, she is not convinced that we are getting the best price, a resident had a question on page 67 of leasing and if we will be getting a refunds for which Interim Finance Director Kuhn spoke to the background of the copiers and how this will be a lease purchase agreement and the cost per month matched with the current budget numbers with no required budget amendment, spoke to what has been done in the past to figure out if we own the machines or not and explained the current agreement situation and associated costs.
Item 7E - City Council Resolution No. 6698 - Rejecting Bids for the Construction of the Shaunessy Village Park Project. Council Member Lewis inquired as to what the issue was with the bid protest for which Interim Parks & Recreation Director Heim that a bidder submitted a bid protest because of licensing and irregularities and that it wouldn't be in the best interest of the city to move forward with approval and to rebid the project as soon as possible.
Item 7F - 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. Council Member Lewis inquired as to the short fall of $29,800 but then there is mention that there is a surplus of $223,000, how it all adds up to $800,000 and what funds are needed for which Fire Chief Tualla explained where the surplus came from, the sale of various apparatus of surplus and Interim Finance Director Kuhn explained that appropriations need to be accounted for the expenditure. Council Member Lewis inquired as to the average amount years we will get out of the fire truck that we are trying to purchase for which Fire Chief Tua Ila stated about 10 years and it will be primarily used for fire response and rescue responses; Council Member Lewis stated that we have gone way too long without a ladder truck, hopes that we will start budgeting for whatever equipment the Fire Department needs; Council Member Lambert commend staff on the great work locating this fire truck, how new fire trucks are $1.8-$2 million and they take years to prepare; Mayor Llanez stated that he loves Fire Chiefs Tualla's strategy and this has been a long time coming and thanked him for bringing this to council for approval.
Item 7H - 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. Council Member Lewis stated that she is a bit confused as the sub area states that the contract amount is one amount but bid submitted states another for which Interim 20 Parks & Recreation Director Heim explained the rationale behind the unit prices; Council member Lewis inquired as to why we asking for a contingency if the amounts were underbid for which Interim Parks & Recreation Director Heim explained and how the park has always been neglected and taken care of on a volunteer basis, remaining funding will be standardizing the dimensions of the diamond dimensions, administration of the contract; Mayor Llanez thanked staff for these improvements; Councill Member Jones inquired as to if there are funds left over from this project, what happens to those funds for which Interim Parks & Recreation Director Heim explained if we have extra funds they stay in the Measure H fund and if we need more we will request it.
Motion by Lambert, seconded by Begonia to approve the consent agenda as follows:
Check Register for #241239 - #241448 in the Amount of $1 ,371,400.56; First Quarter Investment Report for the 2023/2024 Fiscal Year; City Council Resolution No. 6696 - Approving the IT Managed Services Fixed Agreement with Mid Valley IT; 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; City Council Resolution No. 6698 - Rejecting Bids for the Construction of the Shaunessy Village Park Project; 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; 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; 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. The motion carried by the affirmative action of all Council Members present.
PUBLIC HEARING - TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF
ACCEPTANCE OF THE DEVELOPMENT IMPACT FEE REPORT FOR FISCAL YEARS 2019-2023 IN ACCORDANCE WITH ASSEMBLY BILL (AB) 1600. Interim Finance Director presented the staff report, which included a PowerPoint presentation.
Mayor Llanez opened the public hearing. UNNAMED PERSON inquired as to what kind of improvements are being done to the Police Annex and if it will be an upgrade for police services or some other purpose, for which Interim Finance Director Kuhn explained that it will be used to house Development Services, i.e. planning, engineering/public works, general government services. No one else came forward to speak and the public forum was closed.
Motion by Lambert, seconded by Jones to accept the Development Impact Fee Report for Fiscal Years 2019-2023 in Accordance with Assembly Bill (AB) 1600. The motion carried by the affirmative action of all Council Members present.
NOTICE AND ANNOUNCEMENT OF VACANCIES AND APPOINTMENT OF COUNCIL
MEMBERS TO SERVE ON THE SELECTION COMMITTEES FOR THE FOLLOWING 21 COMMISSIONS/COMMITTEES: AIRPORT ADVISORY COMMISSION - THREE (3) VACANCIES, TWO (2) TWO (2) YEAR TERMS - EXPIRING DECEMBER 31 1 2025, ONE (1) UNEXPIRED TERM - EXPIRING DECEMBER 31 1 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, THREE (3) 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. Motion by Lambert, seconded by Jones to appoint Council Member Begonia to serve with the Mayor on the Selection Committee for the Airport Advisory Commission.
The motion carried by the affirmative action of all Council Members present.
Motion by Begonia, seconded by Jones to appoint Council Member Lambert to serve with the Mayor on the Selection Committee for the Measure H Oversight Committee. The motion carried by the affirmative action of all Council Members present.
Motion by Lambert, seconded by Begonia to appoint Council Member Jones to serve with the Mayor on the Selection Committee for the Parks & Recreation Commission. The motion carried by the affirmative action of all Council Members present.
Motion by Begonia, seconded by Lambert to appoint Council Member Lewis to serve with the Mayor on the Selection Committee for the Tree Commission. The motion carried by the affirmative action of all Council Members present.
ADVISEMENT OF PUBLIC NOTICES. (One Report). Removed from the agenda at the beginning of the meeting with approval of the agenda.
CITY MANAGER REPORT. No report.
REPORT/UPDATE ON MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG), PENINSULA CLEAN ENERGY (PCE), MEASURE V COMMITTEE, AND SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT (SJVAPCD}, AND LOS
BANOS DOWNTOWN PROPERTY & BUSINESS IMPROVEMENT DISTRICT (LBDPBID). Council Member Jones spoke to the cameras that have been installed downtown.
CITY COUNCIL MEMBER REPORTS
DOUGLAS BEGONIA, JR.: No report
BRETT JONES: Thanked staff as they have been getting quite a few things done, routine maintenance items done, which haven't really been done before and he has been asking for it to be done since day one, and how he has not once have had to ask the City Manager to get things done like this.
DEBORAH LEWIS: Stated that she would like to let the public know that the City spent almost $1.5 million on projects and the public has no say in it, and that we have nothing on the regular agenda when it comes to spending the tax payer dollars, items on the 22 consent agenda are supposed to be routine and they're not, how the Buster Posey Ballpark was renamed this weekend and she congratulated Police Officer Noah Jones as it was announced that there were three people who decided to rename the park without full council approval, that was the Mayor, Council Member Jones and City Manager and how the park was named the Buster Posey Park, hopes that once it is redone that there will be maintenance built in to keep it nice, the need to keep parks maintained, she feels that when things are changed in our city and they need to be vote on and closed door decisions should not be made, congratulated Interim Public Works Director Jose Lemus to the City and noted that no one told her he was on board working for the city.
KENNETH LAMBERT: Made notice and recognized the first quarter investment report which showed a 28% increase, how our city is moving in the right direction, we rely on our department heads to do the right things for our city, happy to see the ladder fire truck, thanked the department heads for all the hard work that they done, we are still working on the animal shelter and homeless improvements, , when we get the information we will present it, we work with what we can, I wish we could get a lot of things done overnight, how presentations are always spot on, and that during public forum when you speak to make sure what you say is factual, he has been hit several times and it is unfactual.
PAUL LLANEZ: Explained why the renaming of the park wasn't brought to council for approval, as it was Council Member Jones's idea and Merced County Parks approved it and it actually came from an idea from Marci Fahey; he gave animal shelter update, noting how we have doubled the staff, there is a veterinarian, and we are now open Saturdays, noted that we are not ignoring the animals shelter, but things are happening but that is the speed of government, we hope to have some public forums for input, spoke regarding Volunteer Days with Parks & Recreation, i.e. Ranchwood, Community Center rail trail, Vineyard Park. Spoke to how we do a lot of business up here and we get a lot done, and it is our job to run government efficiently and to not ask questions during Council Meetings but to reach out to staff prior to.
ADJOURNMENT. Motion by Jones, seconded by Begonia, the meeting was adjourned at 8:00 p.m. The motion carried by the affirmative action of all Council Members present.
APPROVED:
Paul Llanez, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
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24 CITY OF LOS BANOS
CITY COUNCIL MEETING MINUTES
NOVEMBER 1, 2023
ACTION MINUTES - These minutes are prepared to depict action taken for agenda items presented to the City Council. For detail of this meeting refer to the electronic media (CD and/or audio) kept as a permanent record.
CALL TO ORDER: Mayor Llanez called the City Council Meeting to order at the hour of 6:00 p.m.
PLEDGE OF ALLEGIANCE: Police Commander Reyna led the pledge of allegiance.
ROLL CALL - MEMBERS OF THE CITY COUNCIL PRESENT: Council Members Douglas Begonia, Jr., Brett Jones, Kenneth Lambert, Deborah Lewis, Mayor Paul Llanez; ABSENT: None.
STAFF MEMBERS PRESENT: City Manager Pinheiro, City Attorney Vaughn, Police Commander Reyna, City Clerk/Human Resources Director Mallonee, City Treasurer Lawrence, Fire Chief Tualla, Community & Economic Development Director Souza Elms, Interim Parks & Recreation Director Heim, Interim Finance Director Kuhn, Interim Public Works Director/City Engineer Lemus
CONSIDERATION OF APPROVAL OF AGENDA: Motion by Jones, seconded by Lambert to approve the agenda as submitted. The motion carried by the affirmative action of all Council Members present.
PRESENTATIONS: CERTIFICATE OF RECOGNITION-EMPLOYEE OF THE MONTH FOR OCTOBER 2023 - VINNY GRECO, POLICE OFFICER IN THE POLICE DEPARTMENT; PROCLAMATION - COMMEMORATING VETERANS DAY. Mayor Llanez presented the certificates, for which Vinny Greco and Mike Hughes were in attendance to accept.
PUBLIC FORUM: MEMBERS OF THE PUBLIC MAY ADDRESS THE CITY COUNCIL MEMBERS ON ANY ITEM OF PUBLIC INTEREST THAT 15 WITHIN THE JURISDICTION OF THE CITY: INCLUDES AGENDA AND NON-AGENDA ITEMS. NO ACTION WILL BE TAKEN ON NON-AGENDA ITEMS. SPEAKERS ARE LIMITED TO A FIVE (5) MINUTE PRESENTATION. DETAILED GUIDELINES ARE POSTED ON THE COUNCIL CHAMBER INFORMATIONAL TABLE. Mayor Llanez opened the public forum and asked those at the meeting if they would like to speak. UNNAMED PERSON, would like to speak to item e & h on the consent and if Mr. Kuhn is not an employee why are we comparing him to others with salary and benefits, how the $165 an hour includes all travel expenses, she requests that a local applicant be hired or post a job announcement, as to item H how come at our Measure H meeting this wasn't brought up, and she wouldn't be talking negatively if she didn't feel uncomfortable with what her city is doing, she is asking to have the meetings changed to 7:00 pm to allow more residents to attend; UNNAMED PERSON, has concerns about item E and asked for a homeless 25 update and the grant the city applied for was months ago, is there a plan b if we don't get that funding, it's difficult when we are not informed as to what is going on, would appreciate a public update as to what is going on with our homeless population who are building houses on the rail trail, she has heard things come up regarding ARPA concerns and would like some follow-up, item 7E regarding the Interim Finance Director and how the amount seems way out of line, $26,000 is a lot with no benefits, she looked and couldn't find anywhere that anyone was being paid that amount of money, would like some type of reasoning why we can't hire somebody and bring that number down; UNNAMED PERSON, spoke regarding the Finance Director's fraudulent agreement, how the city manager is replacing the contract and nowhere in the current contract does it state that travel and accommodations be paid, 16 months the city has been paying for travel time and travel expenses and payments that were made that were not part of the contract, how AB5 prevents such hiring referring to the 3 part test he can only be hired as an employee, the solution is not to replace it the agreement but proper due diligence, he is requesting city council to pull item from the agenda, he asked the city manager why he included travel training and who approved the finance director's invoices, the city council should be required to recoup travel expenses and vote against the professional services agreement; TIA HUDSON, stated that item G - hiring of a police chief is not a consent agenda item and should be on the regular agenda, item E- should not be on the consent agenda as there are interim finance director agreement concerns regarding the undetermined period of time, is it being recruited for and how they have chosen that this is the guy, public funds are being allocated to reimburse his travel expenses, how she and her husband came to a meeting to read a letter from a group of city union employees and how a member of this council delivered a threat to us, he demanded that we write a check back for the ARPA funds we had received, threats have been made to our upcoming move, how his approach is to target the messenger and is at the level of reaction and intimidation, she implores all Los Banos residents to stay engaged; UNNAMED PERSON stated that we need an Animal Advisory Committee and mentioned that Council Member Lambert stated that all of this is in the works, they don't want it to end up on the consent agenda, we want to be involved and we want the animal advisory committee and it is needed, how they are told that department heads are working on it and just wants to know what it going on; KATHY UHLEY, stated that we need an animal advisory commission, it is long overdue and a huge asset to the community, worried about the animal shelter and worried about the fund and hopes that the funding does not disappear and would be nice to hear what is happening with our shelter, shelter is an end of the line and the problem stems from the beginning when they are not cared for, importance of spay and neuter services, congratulated Ray Reyna and super excited to see that our new Police Chief is hired from within; UNNAMED PERSON, thank you for recognizing Veterans Day with the proclamation and spoke to the history of Veterans Day, there is no openness at council meetings, oversight, accountability, public input is not allowed, the most important thing is that there must be public input, these items are not routine in nature and do not belong on the consent agenda, the appointment of Police Chief Reyna should have been a public item, congratulated Ray Reyna on his appointment, he is asking for an update on Deanza Court, how Mr. Pinheiro you do nothing but look down and do not look at anyone speaking, he faults the city council not Mr. Pinheiro as he does not have the experience and urged them too stop putting these things on the consent agenda; UNNAMED PERSON, commends Deborah Lewis for what she does, he don't feel it is fair with the way she is treated, its snarky, unclear to what is going on, feels that like a group of leaders have a responsibility to make sure she is 26 treated fairly regardless of different of opinions, let her know what is going on, the ARPA funds there was never a scoring system shown and he honestly believes that Graciano deserved the full amount, how it's confusing and how it was lowered by 2 council members to allow for more awards, there's not much control and everything is not being disclosed to the public, causing a lot of confusion, he is asking for more transparency and more leadership; ROY TODD, Los Banos Chamber of Commerce, spoke regarding the past and upcoming events, annual Christmas parade, item 6 on the consent agenda and offered Ray Reyna his congratulations, upcoming Veterans Parade, how he likes to solve problems and one thing he thinks we can do is have a State of the City or Town Meeting so that some of these things can be addressed and work our way through the important things, and maybe the Chamber can help sponsor such type of thing; BLANCHE JORGE, lives downtown, on a personal note she knew him as a young boy, he and his father have been genuine people, speaking as an Elk Member and how everyone came together for the pet Halloween event and how great it was, star of the show was the animal shelter, thanked the Animal Shelter staff for all they do and how the Elks are purchasing food the with funds raised and collars available, noted that she had a partner on this event who couldn't be here with her, and thanked the Council as she really appreciates each and every one of you. No one else came forward to speak and the public forum was closed.
CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Mayor Llanez stated that he would like to remove item 7E - City Council Resolution No. 6703 - Approving a Professional Services Agreement for Interim Finance Director Services with Brent Kuhn from the consent agenda for separate consideration.
Council Member Lewis stated that she would like to remove items 7E - City Council Resolution No. 6703 - Approving a Professional Services Agreement for Interim Finance Director Services with Brent Kuhn, Item 7F - City Council Resolution No. 6704 - Amending the Fiscal Year 2023-2024 Budget by Increasing the Appropriation Amount in the General Fund Maintenance Account in the Amount of $12,214 for the Expenditure of a Backhoe!Tractor Attachment, and Item 7H - City Council Resolution No. 6706 - Amending the Fiscal Year 2023-2024 Budget by Increasing the Appropriation Amount in the Measure H Account in the Amount of $94,470 for the Expenditure of the Installation of Four Playgrounds from the consent agenda for separate consideration and vote.
Interim Finance Director Kuhn left the City Council Meeting.
Item 7E - City Council Resolution No. 6703 - Approving a Professional Services Agreement for Interim Finance Director Services with Brent Kuhn. Mayor Llanez referred to the City Attorney Vaughn regarding SB5 for which he stated that it is not as simple as it was stated at the podium, there is a number of tests that need to be considered to determine if someone is an independent contractor vs employee, i.e. degree of supervision, more specialized and more education required that is a big factor, mentioned other independent contractors that the city has, how this is not unusual, he has other clients and other businesses, permanence of the position is considered and this is interim, multifactor analysis, there are other small cities that have a contract for these types of services as well, and he is comfortable with the agreement. Mayor Llanez stated that BWK LLC agreement that was actually brought to Council was signed by former City Manager Wellman and City Attorney Vaughn explained the relationship the City has with Mr. Kuhn, how he didn't realize what was going on with his LLC, rules about LLC 27 conducting businesses and it is not a fraudulent contract, it just gives the city the ability to void the contract. Council Member Lewis inquired as to an explanation from the City Manager for item 2 which City Manager Pinheiro explained and City Attorney Vaughn further explained further how the new agreement will work. Council Member Lewis stated that under the scope of services it is more expansive than before and is the same as the job specification for Finance Director for which City Attorney Vaughn stated that would be typical of an employee but not a contractor and not the types of things to put in an independent contractor agreement. Council Member Lewis stated that we have a lot of job openings on our city website and some job openings approved with the city budget and inquired as to if we released a job announcement for a Finance Director for which City Manager Pinheiro stated that when he came to work with Mr. Kuhn, he has enjoyed working with him and feels it is a good fit to continue to collaborate with him and continue our relationship with him. Council Member Lewis inquired as to if there are any plans to put out an announcement for which City Manager Pinheiro stated no. Council Member Lewis spoke to her concerns with what we have paid him so far and the cost of the new contract, how every employee of the city is building a retirement and we are keeping on someone is not a regular staff member, how he is not accessible to our staff here in our office in our city, how it seems unfortunate to me that there has been a double down here to not look to hire someone into our city, she has concerns with his invoices and wonders why we are paying more than what is billed for which City Attorney Vaughn responded that he took a quick look at the invoices and the invoices itemizes hours and travel expenses and everything seems okay, he contract approved tonight will pay for only hours not travel expenses. Council Member Lewis feels that the travel time needed to be itemized and we are way pass due to hire a full-time person as there is a need for a fulltime employee, not sure why the city manager won't put out an announcement, as Mr.
Kuhn was supposed to be temporary and is turning into something that is more permanent and she has concerns as this this is a very important position. Council Member Jones stated that her argument doesn't hold water, looking at the south bay there are cities that don't even have a police department, we contract with our city attorney and if he retires we'll contract with another one, he feels government does not breed creativity and you want to get rid of our quarterback who redid our investments, gave increases to our first responders, this is the more modern solution and we don't have options for qualified applicants, this is a solution for now and fixes the problems for now, and a cleanup job by Josh. Council Member Lambert stated that we are just cleaning up a contract, he pulled the item off the consent agenda, noting year end investments he has increased by 28%, how he didn't see none of that with our previous Finance Director, he doesn't believe there is a time limit for a contract employee, who are we going to find, fiscal impact is what we are impacted each month with this contract, what if we brought him on as fulltime employee, it would be twice as month. Council Member Lewis defended comments directed at her, noting that finance is increased because interest is up higher now because we are making more money, our previous finance person did a great job and you really need to look at apples to apples. Council Member Jones stated hat he feels she has a personal vendetta against Mr. Kuhn and that she attacks our staff at every meeting, how she doesn't understand, that she is colluding with the local newspaper, you only try to manipulate the truth, every meeting you have to pull something off the agenda. Council Member Lewis wants to let the public know that she pulls things off because everything is on the consent agenda and she doesn't have communication with anybody and this is her only way to find out what is going on in the city. Mayor Llanez stated that looking at this from a business standpoint, you can't replace knowledge especially when it comes 28 to strategic financial operations, he spoke to the previous finance director and their way of doing things, how Mr. Kuhn said we have money we just need to program it correctly, is a no brainer, Mr. Kuhn has an amazing reputation across the state, I don't care where my CFO works, he goes with what city staff thinks and he hasn't heard a negative response from anyone about he considers this a cleanup contract. Motion by Lambert, seconded by Jones to adopt City Council Resolution No. 6703 -Approving a Professional Services Agreement for Interim Finance Director Services with Brent Kuhn. The motion carried by the following roll call vote: AYES: Begonia, Jones, Lambert, Llanez; NOES:
Lewis; ABSENT: None.
Interim Finance Director Kuhn returned to the City Council Meeting.
Item 7F - City Council Resolution No. 6704 - Amending the Fiscal Year 2023-2024 Budget by Increasing the Appropriation Amount in the General Fund Maintenance Account in the Amount of $12,214 for the Expenditure of a Backhoe/Tractor Attachment.
Council Member Lewis inquired as to when the date of service was and breakdown of the invoice for which Interim Parks & Recreation Director Heim explained the purchase, invoice, and timing of the placing the order immediately upon approval of the budget, and how the funds will come from the general fund reserves. Motion by Lambert, seconded by Begonia to adopt City Council Resolution No. 6704 -Amending the Fiscal Year 2023- 2024 Budget by Increasing the Appropriation Amount in the General Fund Maintenance Account in the Amount of $12,214 for the Expenditure of a Backhoe/Tractor Attachment.
The motion carried by the affirmative action of all Council Members present.
Item 7H - City Council Resolution No. 6706 - Amending the Fiscal Year 2023-2024 Budget by Increasing the Appropriation Amount in the Measure H Account in the Amount of $94,470 for the Expenditure of the Installation of Four Playgrounds. Council Member Lewis inquired as to where will the money will come from for which Interim Parks & Recreation Director Heim explained that Measure H reserve funds will cover this and Interim Finance Direction Kuhn expanded more on the funding to be provided. Motion by Lambert, seconded by Begonia to adopt City Council Resolution No. 6706 -Amending the Fiscal Year 2023-2024 Budget by Increasing the Appropriation Amount in the Measure H Account in the Amount of $94,470 for the Expenditure of the Installation of Four Playgrounds. The motion carried by the affirmative action of all Council Members present.
Motion by Jones, seconded by Jones to approve the consent agenda as follows, as amended: Check Register for #241449 - #241667 in the Amount of $867,920.46; Minutes for the September 6, 2023 City Council Meeting; Minutes for the October 4, 2023 City Council Meeting; City Council Resolution No. 6702 -Approving Closure of Non-Essential City Offices on Tuesday, December 26, 2023 Due to the Christmas Holiday Season; G#y Council Resolution No. 6703 Approving a Professional Services Agreement for Interim Finance Director Services with Brent Kuhn; City Council Resolution No. 6704 Amending the Fiscal Year 2023 2024 Budget by Increasing the Appropriation Amount in the General Fund Maintenance Account in the Amount of $12,214 for the Expenditure of a Backhoe/Tractor Attachment; City Council Resolution No. 6705 - Ratifying the City Manager's Approval of the Employment Agreement with Police Chief Reymundo M.
Reyna, Jr.; City Council Resolution No. 6706 Amending the Fiscal Year 2023 2024 Budget by Increasing the Appropriation Amount in the Measure H Account in the Amount 29 of $94,470 f-orthe Expenditure of the Installation of Four Playgrounds. The motion carried by the affirmative action of all Council Members present.
Mayor Llanez congratulated Ray Reyna on his Police Chief appointment.
PUBLIC HEARING - TO RECEIVE PUBLIC COMMENT AND CON SI DE RATION OF
AN UPDATE TO THE LOS BANOS ZONING MAP IN ACCORDANCE WITH THE LOS BANOS GENERAL PLAN UPDATE 2042 THAT WAS ADOPTED OCTOBER 19, 2022.
THE ZONING MAP UPDATE IS EXEMPT FROM CEQA PURSUANT TO CEQA GUIDELINES SECTION 15162, 15168, 15183, AND 15061 (8 )(3). THE PROPOSED
UPDATE IS ENTIRELY CONSISTENT WITH AND IMPLEMENTS THE GENERAL
PLAN LAND USES ESTABLISHED IN THE GENERAL PLAN, FOR WHICH AN ENVIRONMENTAL IMPACT REPORT (EIR) (SCH #2022010254) WAS PREPARED AND CERTIFIED; ORDINANCE NO. 1203-AMENDING THE OFFICIAL ZONING MAP IN ACCORDANCE WITH THE LOS BANOS GENERAL PLAN UPDATE 2042 (FIRST READING & INTRODUCTION). Community & Economic Development Director Souza Elms presented the staff report, which included a PowerPoint presentation.
Mayor Llanez opened the public hearing. Blanche Jorge, lives in the downtown area, spoke regarding how changes always happen, she knows that our Community & Economic Development Director Souza has worked very hard with design standards, and to please consider that the authentic buildings that are part of downtown fit within the parameter of the downtown. No one else came forward to speak and the public forum was closed.
Council Member Jones stated that this is a non-routine item so that's why it is not on the consent agenda.
Motion by Jones, seconded by Lambert to waive the first reading of Ordinance No. 1203 - Amending the Official Zoning Map in Accordance with the Los Banos General Plan Update 2042. The motion carried by the affirmative action of all Council Members present.
Motion by Jones, seconded by Lambert to introduce Ordinance No. 1203-Amending the Official Zoning Map in Accordance with the Los Banos General Plan Update 2042. The motion carried by the following roll call vote: AYES: Begonia, Jones, Lambert, Lewis, Llanez; NOES: None; ABSENT: None.
ADVISEMENT OF PUBLIC NOTICES. (Three Reports). Community & Economic Development Director Souza Elms reported that there will be three public hearings at the November 8, 2023 Planning Commission Meeting to consider a Categorical Exemption from the California Environmental Quality Act (CEQA) and a Mobile Food Vendor Permit #2023-09 to allow the operation of a mobile food vending vehicle on route throughout the City of Los Banos within the public-right-of way for Ramon Huerta dba California Del Sur, 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, Site Plan Review #2023-05 for the development of a 1,275 30 sq. ft. commercial structure with drive-thru and associated site improvements. This project was previously evaluated in the Los Banos Home Depot (SCH #2005041010) Mitigated Negative Declaration which was approved by the Los Banos Planning Commission on May 11, 2005. The project is located within the Highway Commercial Zoning District at 2101 E. Pacheco Blvd., more specifically identified as Assessor's Parcel Number: 083- 140-030.
CITY MANAGER REPORT. City Manager Pinheiro spoke regarding the Trick or Treat event last Saturday at the Ag Sports Complex and thanked Interim Parks & Recreation Director Heim and all the staff that put that together, it was a well-attended event and a really great time; how G Street just got paved right in front of the new Police Station, Birch Street is getting paved, the Police Annex building is getting repainted , trees are getting trimmed, new playground at Gardens Park, Ray Reyna was promoted today to Police Chief with his swearing in ceremony being held on November 3rd at 3 pm along with the grand opening and ribbon cutting ceremony of the new Police Station earlier that day at 11 am, and on Saturday is the Veterans Day parade.
REPORT/UPDATE ON MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG), PENINSULA CLEAN ENERGY (PCE), MEASURE V COMMITTEE, AND SAN
JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT (SJVAPCD), AND LOS
BANOS DOWNTOWN PROPERTY & BUSINESS IMPROVEMENT DISTRICT (LBDPBID). Council Member Lewis stated that effective November 1st residential wood burning guidelines goes into effect and you will need to check before you burn, you can also check online at valleyair.org fire place inserts gas/electric and they also offers grants for lawn care for 0 emission equipment. Mayor Llanez stated that MCAG has three Los Banos traffic projects that he is super happy about and have been chosen to move on to the next phase which has been needed for a very long time and thanked city staff for the efforts to make this happen; and to PCE how they are nearing the conclusion of the special committee for disbursement of the extra funds and hoping to give it back to our community somehow.
CITY COUNCIL MEMBER REPORTS
BRETT JONES: Stated that he would like to apologize for veering off topic earlier, he shared his thoughts on the importance of the media delivering accurate and impartial information for the benefit of the public, speaking to how the publisher and editor of the Westside Express has exhibited a personal bias against the City Manager and some Council Members, how the sentiment seems to be shared by a Council Member over on the far side as well, how they only highlight the shortcoming and not the positive stuff that is going on in the city, and congratulated Ray Reyna on his promotion to Police Chief.
DEBORAH LEWIS: Gave her congratulations to Commander Reymundo Reyna, Jr. to Police Chief an exemplary employee, he was also the Acting Fire Chief, well rounded well knowledgably person, without questions he is the wane for this job.
KENNETH LAMBERT: Congratulated Mr. Reyna look forward to seeing you out there, apologized to Ms. Lewis we get a little too agitated and I will keep it cordial next time, encouraged the audience to check out other meetings on youtube and watch how they conduct themselves on the meetings, there are consent items and agenda items, we hire 31 a city manager who hires department heads who we rely on to do their jobs, he wants his tax dollars to go to the right places too, you have to spend money to get money, we all get the packet at the same time on Friday afternoon and can ask questions, items are put on the consent agenda to speed up meetings, our job is to basically policy and procedures and try to make sure everything is spent correctly, compares our process to what the Unites States process is, we are all out to make sure we are spending money wisely and looks at the fiscal impact, we are well above out 30%, our city has got to take care of business to run in an efficient manner, we do what we can up here to keep this city running and were doing a pretty darn good job.
DOUGLAS BEGONIA, JR.: Congratulated Ray Reyna on his promotion, well deserved, congratulations to Interim Parks & Recreation Director Hiem on another great Halloween event, spoke regarding how we definitely need to listen to what each other says and we were all voted to be up here and we need to respect each other.
PAUL LLANEZ: Stated that he appreciates the apologies, the end goal is what is best for the city, understands the frustration, a little miscommunication on our roles, we are to gather information and vote on it with the information given to us tonight, kept hearing about transparency and he's only had one person speak with him, if you want to sit down and talk to me about how to we can fix things I'm all for that, spoke to how busy Interim Parks & Recreation Director Hiem has been and the fantastic work on the Halloween event, the church events on Halloween, how the common goal is that we are doing what is best for the city, ad he is absolutely thrilled that Ray Reyna is the new Police Chief.
ADJOURNMENT. Motion by Lambert, seconded by Jones, the meeting was adjourned at 813 p.m. The motion carried by the affirmative action of all Council Members present.
APPROVED:
Paul Llanez, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
32 TO:
FROM:
DATE:
LOsBanos
At the rnssruads o.J CiJlifm ni<l
Agenda Staff Report
Mayor and City Council Members
Joe Heim, Parks and Recreation DirectorP
December 6, 2023
TYPE OF REPORT: Consent Agenda
SUBJECT: Authorizing Award of Construction Contract to Ronnys Inc. in the amount of $897,201.03 with a 10% contingency in the amount of $89,720.00 for the construction of the Shaunessy Village Park.
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 $897,201.03. Staff is requesting a 10% contingency of $89,720.00.
Background:
The Shaunessy Village subdivision is located on east Mercey Springs Rd., north of Scripps Dr. The subdivision is approximately 39.1 acres and is made up of 151 low density and medium density single-family residential lots. The subdivision includes an undeveloped parcel intended to be developed as a future park location.
The park location is located within the boundary of De Anza Way, Spadafore St., Hayley St. and Columbia Dr. The proposed park is approximately 2.97 acres in size. The area includes a detention basin area that supports the subdivision.
On October 6, 2022 City staff hosted a public meeting to discuss the development of the park location. The meeting was publicly advertised through the Community Center, the Parks and Recreation monthly newsletter, the Recreation Guide, Facebook, and through a mailer sent to all neighboring homes to the park area.
Over 30 people attended the meeting. A presentation was provided for information relating to the benefits of parks, pocket park and neighborhood park standards, the Shaunessy Village location, and suggested and required amenities. 33 On October 18, 2022, City presented an update of the project to the Parks and Recreation Commission. A PowerPoint presentation provided project information and results from the public meeting on October 6, 2022. Comments received from Commission members included ensuring that the playground area was safe, preferably with fencing, and that sensory play equipment be considered for the project.
In October 2022, City staff assigned the design and engineering services for the project to O'Dell Engineering (O'Dell). Staff from O'Dell were on-site for the October 6, 2022 public meeting and received copies of all public comments received.
City staff and its consultant identified the park as a mixed use park with elements of pocket park and neighborhood park classifications. Pocket parks are usually less than one acre and located in residential areas with a 0.25 mile service radius. They typically include a playground, picnic tables, BBQs, benches and shade. Examples of pocket parks include:
Little Page Park, Presidential Park, and Citrus 1 Park. Neighborhood parks are designed to meet local neighborhood needs and are intended to have a service radius area of 0.50 mile. Neighborhood parks are usually between one and ten acres in size. Examples of neighborhood parks include: College Greens Park, Ranchwood Park and Cresthills Park.
City staff identified the proposed park in the Shaunessy Village subdivision as a mixed use park due to the inclusion of a 1 . 73 acre detention basin area. The detention basin area limits the space that is available for the development of active recreation amenities such as playgrounds.
The addition of the Shaunessy Village Park location will provide additional service area coverage. The park will provide a walkable park location for the new subdivision.
City staff identifies that the development of the park will help to establish identity and comradery for the health of the community. The development of parks provides important public resources for active lifestyles, helps to reduce anxiety and is a benefit to all age groups.
The 2023-2024 adopted City budget included the construction of the Shaunessy Village Park project. The City original released 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. On October 18, 2023, City staff requested City Council to adopt a resolution to reject all bids.
The City readvertised an Invitation for Sealed Bids to construct the Shaunessy Village Park project on October 27, 2023. The submitted bids were publicly opened on November 20, 2023.
Discussion:
On March 1, 2023 City Council recommended proceeding with Concept A for the design of the Shaunessy Park. Concept A includes a playground area with 4' high fencing and gates. A 20'x20' shade structure will provide coverage for four picnic tables. Concrete pathways will provide access around the perimeter of the park and through the playground 34 area. 80 trees will provide additional shade and greenery throughout the park, and decorative boulder areas will enhance the comer entry points to the park. A detention basin will include a turf play area similar to other parks in Los Banos.
On October 27, 2023 the project was released for advertisement. The bid opening for the project was held on November 20, 2023. The Public Works Department, through the office of the City Clerk, received five (5) bids from the following contractors:
Schreder& Brandt MFG, Inc. Chico $1,259,031.23*
Westside Landscape & Concrete Newman $1,121, 127.25*
Kroeker Inc. Fresno $1,045,936.90
Truxell & Valentino Landscape Development Inc. Fresno $748,907,529.31* Ronnys Inc. Los Banos $897 ,201.03*
*Amounts listed above are from the contractor's Bid Schedule and based off the unit price. As stated in the bid document," ... the unit price shall be considered as correct when evaluating bids.n 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 Shaunessy Village Park. Staff is recommending a contingency of 10 percent (10%). The administration of this contract is to be performed by the Public Works Director/City Engineer.
Work includes site preparation, installation of a storm drain line, installation of benches and picnic tables, landscaping and trees, a playground, 4' high steel fence, a shade structure, and irrigation.
Staff is requesting funding for the following items:
Ronnys Inc. Base Bid: $897,201.03
10% Contingency: $89,720.00
lnspections/T esting: $30 000.00
Proiect Total: $1,016,921.03
Available Funding: $1,093,642.00
Work is anticipated to be complete in late spring 2024. Upon completion of the construction, a 120-day maintenance period will be included for the establishment of landscape. A Grand Opening for the park is anticipated in summer 2024.
Fiscal Impact:
Available funding in Fiscal Year 2023-2024 from the Shaunessy Village Park Development fund is $1 ,093,642.00. This includes design and construction expenses. The total construction cost is expected to be: $1,016,921.03.
Brent Kuhn, Interim Finance Director
35 Attachments:
Resolution
Bid Opening Sheet
Public Notice
Conceptual Design
36 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 THE CONSTRUCTION OF
THE SHAUNESSY VILLAGE PARK IN THE
AMOUNT OF $897,201.03 AND A PROJECT
CONTINGENCY OF $89,720.00
WHEREAS, the City of Los Banos is solicited bids for the construction of Shaunessy Village Park, located at the crossroads of De Anza Way, Spadafore St., Hayley St. and Columbia Dr.; 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 $897,201.03; and
WHEREAS, the proposed construction project includes a 10% contingency in the amount of $89,720.00; 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 the construction of Shaunessy Village Park.
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 the construction of Shaunessy Village Park.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 6th day of December 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:
37 Paul Llanez, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
38 LOs Banos
r\l du· Cmssmculs of California
BID OPENING
Construction of Shaunessy Village Park
November 20, 2023 - 2:00 p.m.
1. Schreder & Brandt MFG, Inc.
2. Westside Landscape & Concrete
3. Kroeker Inc.
4. Truxell & Valentino Landscape Development, Inc.
5. Ronny Navarro
$ 1,259,559.00
$ 1,120,860.14
$ 1,045,936.90
$1,015,024.31
$ 896,649.00
Sign~~ Dated: November 20, 2023
Sara Blevins, CMC
Assistant City Clerk/HR Analyst
~ ·
Interim Parks & Recreation Director
39 THIS PAGE IS INTENTIONALLY LEFT BLANK
40 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, November 20, 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 July 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:ljwww.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. 41 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 A or C-27. A C-27 bidder will also need to possess a C-61/D-34 or retain a sub-contractor with a C-61/D-34 or Class A license for the installation of the playground and shade sail.
Prospective bidders are required to attend a mandatory pre-bid meeting on November 6, 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. 42 SHAUN ESSY
VILLAGE PARK
LEGEND
0 MIJ&ICAIEl
(i) 2-5 PU'IIROUID MEl
0 t HIGH DECORATIVl STEEL FUCING
0 SHADE STRUCTURE WITH PICIIC TABLES
0 PICNIC AREA
0 CONCRm WALKWAY
0 TREE GROVE OVER DECOMPOSED IRANITE PATH
0 PEA GRAVEL AREA WITH BOULDERS
~ ) STORMWATER BASIN
@ TURF INATIIRAI. BRASS)
@ PWTINGMEA
DRAFT CONCEPT 11A11 MASTER PLAN
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NCJTE:TH3ClOCIJillENTIIFOACClfllCa'f\#ILl'I.N...aPUIIP08f:ICN.V. lHIIOOCUlflff .~l'Plfl-.wtl'AHO E N G l N E E -R 1 N G NCJITOBl;ta(OFOftcc»lffllUClU,l"-""'CJSU.N('(MJQ(S9(MNN'lfft)O'.»MYCllNCEPJ0tl.Y. CD&fflllCTIJN IUNGWIU.'#.mOO'EIOQONIII.CIGE'f.a.OlltlftCTION.~IWtlfN4JflNll.MAllAMSIEI.EC1DI. 43 THIS PAGE IS INTENTIONALLY LEFT BLANK
44 LOsBanos
Al the Crossroads o.f Cul(fornia
Agenda Staff Report
TO: Mayor and City Council Members
FROM: Jose Lemus, P.E., Interim Public Works Director/City Engineer DATE: December 6, 2023 ~ ~ C-----
Oh. b<,M.(.f1 .,f
'1°a\¥\LC;
;r,~<. L-tWOO' ~ I Ph·
TYPE OF REPORT: Consent Agenda
SUBJECT: Accepting the Exterior Painting of Four City-Owned Buildings Project as complete and authorizing the filing of a Notice of Completion with the Merced County Recorder
Recommendation:
That the City Council adopt the Resolution to:
1. Accept the construction of the Exterior Painting of Four City-Owned Buildings project as completed; and
2. Authorize the City Manager to file the Notice of Completion with the Merced County Recorder; and
3. Authorize the Public Works Director/City Engineer to release the five (5) percent retention after the thirty-five (35) day period from the date of filing the Notice of Completion with the County Recorder.
Background:
The four city-owned buildings: City Hall, Miller & Lux, Police Annex and Fire Station #1 are in need of minor exterior surface repairs and new coating of paint. Observation of the buildings showed deterioration in different areas and the discoloration of the exterior paint on the buildings.
Discussion:
The Public Works Department released the bid documents for the exterior painting of four city-owned buildings: City Hall, Miller & Lux, Police Annex and Fire Station #1 on March 45 29, 2023. The public notice was advertised in the Merced Sun Star on March 29, 2023.
The bid opening occurred on April 27, 2023.
The City Council awarded the construction contract on May 17, 2023 to Pro Group Painting in the amount of $143,767 with a 10% contingency in the amount of $14,376.00.
There were nine change orders with this project. Change Order #1 consisted of amending the scope of work for City Hall to apply a smooth stucco finish to the building and was approved by City Council on July 19, 2023. Due to the inability to find a sub-contractor to perform the work, this Change Order was cancelled through Change Order #9. The remaining Change Orders consisted of: Change Order #2 the painting of the banding around Fire Station No.1, Change Order #3 the painting of the metal door frames at Miller & Lux, Change Order #4 the painting of the flashing at Fire Station No.1, Change Order #5 the removal of the wall tile, stucco and painting the wall at the Police Annex, Change Order #6 the painting of nineteen (19) bollards at City Hall, Change Order #7 the painting of the banding at City Hall, and Change Order #8 the painting of Fire Station Bay Doors.
The total construction cost for this project was $206,892.00. This represents the original bid, plus nine Change Orders.
Fiscal Im pact:
Funds for this project were allocated in the Fiscal Year 2022-2023 and Fiscal Year 2023- 2024 budget within the General Fund Administration, General Fund Measure H, and General Fund Fire as respective to the building functions.
Reviewed by:
Brent Kuhn, Interim Finance Director
Attachments:
Resolution
Notice of Completion
46 RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LOS BANOS ACCEPTING THE
EXTERIOR PAINTING OF FOUR CITY-OWNED
BUILDINGS PROJECT AS COMPLETE AND
AUTHORIZING THE FILING OF A NOTICE OF
COMPLETION WITH THE MERCED COUNTY
RECORDER
WHEREAS, on April 27, 2023 the City of Los Banos received competitive bids for the construction of the Exterior Painting of Four City-Owned Buildings project; and WHEREAS, on May 17, 2023 the City Council awarded the Construction Contract Pro Group Painting for the construction of the Exterior Painting of Four CityOwned Buildings project; and WHEREAS, the Public Works Director/City Engineer has determined, upon inspection, that all work has been completed in compliance with the plans and specifications, and in accordance with the approved contract.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby accept Exterior Painting of Four City-Owned Buildings project as complete; authorize the City Manager to file a Notice of Completion with the Merced County Recorder within ten (10) days after acceptance; and authorize the Public Works Director/City engineer to release the five (5) percent retention held in escrow after the thirty-five (35) days from the date of filing the Notice of Completion.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 6th day of December 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
47 THIS PAGE IS INTENTIONALLY LEFT BLANK
48 RECORDING REQUESTED BY:
WHEN RECORDED RETURN TO:
CITY OF LOS BANOS
520 'J' Street
Los Banos, California 93635
NOTICE IS HEREBY GIVEN:
NOTICE OF COMPLETION
1. That the interest of estate stated in paragraph 3 below in the real property hereinafter described is owned by the following:
NAME STREET AND NO.
CITY OF LOS BANOS 520 'J' Street
CITY
Los Banos
STATE
California
(If more than one owner of the interest stated, the name and address of each must be inserted.)
2. That the full name and address of the owner of said interest or estate, if there is only one owner, and the full names and addresses of all the co-owners who own said interest or estate as joint tenants, as tenants in common or otherwise, if there is more than one owner, are set forth in the preceding paragraph.
3. That the nature of the title of said owner, or if more than one, then of said owner and co-owner is: In Fee.
4. That on the 6th day of November, 2023, a work of improvement on the real property hereinafter described was completed.
5. That the name of the original contractor, if any, for such work of improvement was _ __________ __ _ Pro Group Painting
(If no contractor for work of improvement as a whole, insert "No Contractor.")
6. That the real property herein referred to is situated in the ______ C=it~v~o=f~L~o=s~B=an= o=s _ _ ________ _ County of Merced State of California, and is described as follows:
"Exterior Painting of Four City-Owned Buildings"
The major work consists of pressure washing, preparing the exterior surfaces of four ( 4) city-owned buildings, painting the exterior of the building and identification lettering at the following buildings: City Hall, Miller & Lux, Police Annex, and Fire Station No. 1.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: CITY OF LOS BANOS
Owner
Place: Los Banos, California By:
ACKNOWLEDGMENT
49 THIS PAGE IS INTENTIONALLY LEFT BLANK
50 TO:
FROM:
DATE:
LOsBanos
• t the Crossroads vf l,a/ijo, nw
Agenda Staff Report
Mayor and City Council Members
Ivan Mendez, Police Sergeant
December 6, 2023
SUBJECT: California for All Animals Grant Award
TYPE OF REPORT: Consent Agenda
Recommendation:
Approve the acceptance of a UC Davis Koret Shelter Medicine - California for All Animals Grant, in the amount of $9,477.18 for Fiscal Year 2023-2024 and approve an increase in City expenditures and revenues in the amount of $9,477.18 for the Fiscal Year 2023-2024.
Discussion:
The Police Department has applied for and been awarded a one-year grant from UC Davis Koret Shelter Medicine via their California for All Animals Program.
The purpose of the grant program is to address the imbalance between the demands on California animal shelters and their capacity to care for animals in need, by providing financial resources, training, and partnership opportunities with the goal of keeping animals healthy and cared for. When the shelter is the best place for an animal to receive care, UC Davis Koret Shelter Medicine group works alongside agencies to create environments that factor in every dimension of well-being to place animals in homes as quickly as possible.
51 With the gracious contribution provided by UC Davis Koret Shelter Medicine via their California for All Animals Program, the Los Banos Animal Shelters goal is to enhance the well-being and health of the animals under our care by improving the existing housing at our shelter.
The Los Banos Animal Shelter will reach their goal by implementing the following items at their shelter:
• (6) Cat Portals
• (20) Floor Cages (beds)
• (12) Cat Cage Covers
• Cardboard Carriers- 2 Bundles (20 boxes per bundle)
• (10) Feral Cat/ Small Mammal Dens
• (12) Barrier Panels for outdoor dog kennels
The budget for this grant, including account numbers are as follows:
Revenues:
Other Grants:
Expenditures:
General Materials and Supplies
Fiscal Impact:
100-000-339-010
100-429-100-267
$9,477.18
$9,477.18
Revenues and Expenditures for the 2023-2024 Fiscal Year will increase in the amount of $9,477.18. A portion of this grant will extend into the Fiscal Year 2024-2025 as the grant cycle will end on November 9, 2024.
Reviewed by:
Brent Kuhn, Interim Finance Director
Attachments:
- Resolution
- UC Davis Koret Shelter Medicine Services Agreement
52 RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LOS BANOS APPROVING
THE ACCEPTANCE OF A $9,477.18 UC
DAVIS KORET SHELTER MEDICINE
GRANT VIA THEIR CALIFORNIA FOR ALL
ANIMALS PROGRAM AND AMENDING THE
FISCAL YEAR 2023-2024 BUDGET BY
INCREASING THE APPROPRIATION
AMOUNT FOR EXPENDITURES AND
REVENUES IN THE AMOUNT OF $9,477.18.
WHEREAS, enhancing the well-being and health of the animals under the Los Banos Animal Shelter's care is a priority; and
WHEREAS, our partnership with UC Davis Koret Shelter Medicine will provide us the opportunities to implement necessary change at our shelter that will improve the overall living environment by renovating the existing housing; and WHEREAS, the Los Banos Police Department has applied for and been awarded an $9,477.18 grant from UC Davis Koret Shelter Medicine via their California For All Animals Program, which will allow us to purchase necessary items to improve the living conditions of the animals under our care.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby approve the acceptance of the California for All Animals grant in the amount of $9,477.18, beginning November 9, 2023 and ending November 9, 2024, to provide us funding to purchase items that will improve the living conditions at our shelter and increase the appropriation limit for revenues in the amount of $9,477.18; and expenditures in the amount of $9,477.18. The budget for this grant, including account numbers is as follows:
Revenues:
Other Grants: 246-000-334-010 $9,477.18
Expenditures:
General Materials and Supplies 100-429-100-267 $9,477.18 The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 6th day of December 2023, by Council Member ___ who moved its adoption, which motion was duly seconded by Council Member ___ and the Resolution adopted by the following vote:
53 AYES:
NOES:
ABSENT:
APPROVED:
Paul Llanez, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
54 UC Davis Agreement# __ _
SHELTER SERVICES AGREEMENT
(Los Banos Animal Shelter)
THIS SHELTER SERVICES AGREEMENT ("Agreement") is made and entered into as of the date last signed below by and between THE REGENTS OF THE UNIVERSITY OF CALIFORNIA ("University") on behalf of its Davis Campus School of Veterinary Medicine on behalf of its Koret Shelter Medicine Program ("Facility") and LOS BANOS ANIMAL SHELTER ("Shelter") in connection with the California for All Animals statewide animal shelter assistance program ("Program").
The parties agree as follows:
1. Shelter Services. Shelter shall adhere to the scope of work described in "Exhibit A", attached hereto and by this reference made a part hereof (collectively the "Services"). University shall reimburse Shelter for costs ("Expenses") pursuant to Section 2 below and as outlined in Exhibit A. "Deliverables" shall consist of report(s) and photographs, as applicable, as more fully described in Exhibit A. Additional work shall be performed only if authorized in advance by written amendment to this Agreement executed by both parties. To the extent that any provision of Exhibit A is inconsistent with this Agreement, this Agreement shall take precedence.
2. Payment by University. In consideration of Shelter's Expenses as described in Exhibit A, Facility shall pay Shelter an amount not to exceed $9,477.18 upon invoice from Shelter and final signature of this Agreement. Payment questions should be addressed to Nancy Bei at telephone number (530) 754-9183 or at e-mail address nmbei~ ucdavis.edu.
3. Term. Services shall be rendered from November 9, 2023 through November, 8 2024.
4. Endorsement Disclaimer. Nothing in this agreement shall be interpreted to indicate, imply, or otherwise suggest (i) that University supports, endorses, favors, or advances, any product or service offered, connected, or affiliated with Shelter; or (ii) that University endorses, favors, supports, or opposes, any proposal, measure, program of action, campaign, or public appeal that is advocated, promoted, advanced, or opposed by any other person or entity with respect to the subject matter presented by Shelter.
5. Amendment. This Agreement may be amended at any time by amendment in writing and signed by the parties, and no other change in any term or condition shall be valid or binding unless made by amendment.
6. Mutual Indemnification. The parties agree to defend, indemnify and hold one another harmless from and against any and all liability, loss, expense, attorneys' fees, or claims for injury or damages arising from the performance of this agreement, but only in proportion to and to the extent such liability, loss, expense, attorneys' fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of the indemnifying party, its officers, agents, students, or employees.
UCD# __
1 of4
55 7. Insurance. The parties at their own respective costs shall carry sufficient insurance, or programs of self-insurance (general liability, workers' compensation, and auto liability), adequate to cover any claims arising from their respective activities under this Agreement.
8. Force Majeure. Neither party shall be liable for damages suffered by the other party because of University's or Shelter's failure to perform if failure is due to any cause beyond that party's control.
9. Relationship of the Parties. The parties to this Agreement shall be and remain at all times independent contractors, neither being the employee, agent, or representative of the other in their relationship under this Agreement.
10. Use of University's Name. Shelter shall not use the name or mark of University in any form or manner in advertisements, reports, or other information released to the public without the prior written approval of University.
11. Contract Compliance. As applicable, if this Agreement is funded wholly or in part with by a grant or contract from an agency of any state or federal government, Shelter shall comply with all terms and conditions applicable to recipients of such funds and their contractors.
12. Notice. Any notice, request, or inquiry regarding the provisions of this Agreement, its termination, or similar matters shall be directed to the appropriate party at the following address:
UNIVERSITY (regarding contracts)
Business & Revenue Contracts
University of California, Davis
One Shields Ave.
Davis, CA 95616
E-mail: [email protected]
UNIVERSITY (regarding project)
Karol Tapias
School of Veterinary Medicine
University of California, Davis
One Shields Ave.
Davis, CA 95616
E-mail: [email protected]
SHELTER (regarding contracts)
Ivan Mendez
Administrative Sergeant, Code
Enforcement Division
Los Banos Animal Shelter
1010 Airport Rd
Los Banos, CA 93635
E-mail: [email protected]
13. University's Right to Use Data. University shall have the unrestricted right to use for its own purposes, including publication, any data or information which may be developed, provided by or arising in connection with the performance of this Agreement.
14. Governing Law. This Agreement shall be construed pursuant to California law.
UCD#
56 15. Federal Exclusion Warranty. Shelter warrants that it is not excluded from participation in any governmental sponsored program, including, without limitation, the Medicare, Medicaid, or Champus programs (http://exclusions.oig.hhs.gov/search.html) and the Federal Procurement and Nonprocurement Programs (https://www.sam.2ov/index.html/##l l#l). This agreement shall be subject to immediate termination in the event that Shelter is excluded from participation in any federal healthcare or procurement program.
16. Audit Requirements. The Agreement, and any pertinent records involving activities related to the services provided pursuant to the terms and conditions of this Agreement, shall be subject to the examination and audit of the California State Auditor and any other duly authorized agents of the State of California for a period of three (3) years after the date of final payment hereunder.
Shelter hereby agrees to make all such records available during normal business hours to inspection, audit and reproduction by University and any duly authorized local, state and/or federal agencies. Any and all examinations and audits conducted hereunder shall be strictly confined to those matters connected with the performance of this Agreement, including, without limitation, the costs associated with the administration of this Agreement.
17. Termination. University may terminate this Agreement at any time by giving Shelter thirty (30) calendar days' written notice of such action. If this Agreement is terminated, Shelter shall retain any funds expended or committed for the purposes of this Agreement and will return any unexpended funds.
18. Entire Agreement. This Agreement constitutes the entire understanding of the parties respecting the subject matter hereof and supersedes any prior understanding or agreement between them, written or oral, regarding the same subject matter.
AGREED:
LOSBANOS
ANIMAL SHELTER
By: _________ _
(authorized signature)
Print name: --------
Title: -----------
Date: __________ _
THE REGENTS OF THE
UNIVERSITY OF CALIFORNIA
By:-----------
UC Davis
Date:
UCD#
57 Exhibit A
Scope of Work
1. Purpose of the work: Los Banos Animal Shelter will retrofit existing housing at their shelter to improve the health and well-being of the animals in their care.
2. Roles and responsibilities of each party: Los Banos Animal Shelter will enhance the well-being and health of the animals under their care by renovating the existing housing at their shelter.
Los Banos Animal Shelter will provide historical data.from 2018 to 2022, and annual data through 2026 to UC Davis Koret Shelter Medicine Program in support of the California for All Animals (CA4AA) program. KSMP will support the shelter to comply with data requirements.
3. Dates and times will the work be completed: Work will be completed during the contract period of November 9, 2023 through November 8, 2024.
4. Location where work will be performed: 1010 Airport Rd, Los Banos, CA 93635
5. Required deliverables: In lieu of a written report, please send us a few photos of the newly portalized cages and the happy residents upon completion.
6. Project milestones: Installation to be completed by November 8, 2024.
7. Total cost of the services: Total of services not to exceed $9,477.18. No construction costs will be funded through this grant.
• (6) Cat Portals
• (20) Floor Cages
• (I 2) Cat Cage Covers
• 2 Bundles (20 boxes per bundle)
• (10) Dens
• (I 2) panels
Total expenses: $9,477.18
8. Payment schedule: Payment will be upon execution of the agreement. $852
$4,800
$1,764
$452
$985
$624.18
9. Anticipated additional work: Additional work is not anticipated at this time.
UCD# --
4 of4
58 LOsBanos
At the Crossroatls of California
Agenda Staff Report
TO: Mayor and City Council Members
FROM:
DATE:
TYPE OF REPORT: Consent Agenda
SUBJECT: Authorizing Change Order No. 3 to the Construction Contract with United Pavement Maintenance, Inc. in the amount of $595,271.70 for the additional rehabilitation of Birch Avenue and amend the 2023-2024 Fiscal Year Budget to increase expenditures in the account 100-431- 210-715
Recommendation:
That the City Council adopts the Resolution to:
1. Amend the 2023-2024 Fiscal Year Budget to increase expenditures in the amount of $595,271.70 in the Street & Road Improvements-Overlay account 100-431-210- 715, and
2. Authorize the Interim Public Works Director/City Engineer to execute Change Order No. 3 in the amount of $595,271.70 to the Construction Contract with United Pavement Maintenance, Inc. for the additional rehabilitation of Birch Avenue.
Background:
On June 7, 2023 the City Council adopted a resolution authoring the City Manager to award the contract to United Pavement Maintenance, Inc. for the rehabilitation of the following streets:
1. Overland Avenue from North Street to Nantes Avenue
2. San Luis Street from SR-165/Mercey Springs Rd to Miller Lane
3. East B Street from Place Road to Ward Road
4. Badger Flat Road from City Limits to SR-152/Pacheco Blvd
5. Cardoza Road from Hemlock Drive to Ortigalita Road
59 This project was advertised on April 26, 2023. The bid opening was held on Thursday, May 23, 2023.
On June 7, 2023 City Council meeting, the City Council also adopted a new Road Maintenance and Rehabilitation Account (RMRA) project list for FY24. In this list, Birch Avenue from Ortigalita Road to Eucalyptus Drive and G Street from Mercey Springs Road to Santa Rita Avenue were identified for rehabilitation and overlay.
On September 6, 2023, City Council approved to authorize the Public Works Director/City Engineer to sign Change Order No. 2, adding rehab work for Birch Avenue from Ortigalita Road to Eucalyptus Drive and G Street from Mercey Springs Road to Santa Rita Avenue, to the current project scope, in the total amount of $885,760.56, which includes $772,800.70 for Birch Avenue Rehabilitation, and $112,959.86 for the G Street grind and Overlay.
Funds for the addition of these two street segments were programmed from the Measure V account 214-430-210-715 and the Streets account 100-431-210-715 in the 2023-2024 (FY24) fiscal year budget. A budget amendment was not required for Change Order No. 2, as these accounts had sufficient funding.
Discussion:
The pavement project on Birch Avenue encountered unforeseen challenges during the initial phase of asphalt removal, which revealed highly saturated soil with elevated moisture content, posing difficulties for the contractor's equipment as well as an unstable base for the placement of the new asphalt. Upon direction from the Interim Public Works Director/City Engineer, comprehensive soil testing was conducted by Technicon Engineering Services, Inc.
The findings prompted alternative methods to stabilize the ground before proceeding with the installation of new asphalt. On November 7, 2023, Technicon provided two recommendations:
• Recommendation 1: chemical stabilization using lime treatment at 18 inches in depth, which was determined to not be viable option due to shallow residential water and sewer services within the project location.
• Recommendation 2: use mechanical stabilization of a Geogrid Tensar NX850 at 17 inches in depth.
On November 14, 2023, a Geotechnical Soils Engineer from Technicon recommended a structural section of 4 inches on asphalt concrete over 7.5 inches of aggregate base over native soil. Additionally, Technicon recommended excavating areas with heavy moisture content by an additional 7.5 to 20 inches. These areas were to be backfilled with class 2 aggregate base rock and compacted to a minimum of 95% compaction. The contractor diligently executed the recommended changes to ensure the effectiveness of the stabilization. A soils technician was scheduled to be onsite throughout the project to continue monitoring soil conditions and compaction. This recommendation was directed by the Interim Public. Works. Director and Technican agreed ta make it part of their design based on Caltrans Method of Calculating the structural section of this road. 60 On November 28, 2023, in addition to the installation of placing the Geogrid, a Geotechnical Soils Engineer from T echnicon recommended that in areas found to be excessively unstable additional excavation of soil would be required up to 22 inches. The Geogrid material was necessary due to the moisture content of the soil exceeding the optimum level of 13%, however in most sections, it was found to be 25% or more.
Subsequent testing of the repaired areas indicates compaction levels ranging from 95- 99%, meeting the required standards for the asphalt placement. The revised approach aligns with the Geotechnical Soils Engineer's recommendations, ensuring the structural integrity of the repaved surface.
Fiscal Impact:
As the cost of Jhis change order was unexpected, staff is recommending for City Council to amend the 2023-2024 Fiscal Year Budget to increase expenditures in the Street & Road Improvement-Overlay account 100-431-210-715 in the 2023-2024 Fiscal Year budget in the amount of $595,271.70.
Josh Brent Kuhn, Interim Finance Director
Attachments:
Resolution
Letter from Technicon Engineering Services, Inc. dated November 7, 2023 Letter from Technicon Engineering Services, Inc. dated November 14, 2023 Letter from Technicon Engineering Services, Inc. dated November 28, 2023 Change Order No. 3
61 THIS PAGE IS INTENTIONALLY LEFT BLANK
62 RESOLUTION NO. __
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS AMENDING THE FISCAL
YEAR 2023-2024 BUDGET BY INCREASING
APPROPRIATIONS IN THE STREET & ROAD
IMPROVEMENTS-OVERLAY ACCOUNT 100-431-
210-715 AND AUTHORIZES THE INTERIM
PUBLIC WORKS DIRECTOR/CITY ENGINEER TO
EXECUTE CHANGE ORDER NO. 3 TO THE
CONTRACT WITH UNITED PAVEMENT
MAINTENANCE, INC. IN THE AMOUNT OF
$595,271.70 FOR THE ADDITIONAL
REHABILITATION OF BIRCH AVENUE
WHEREAS, the City of Los Banos is entering into the Contract Change Order No. 3 for the Contract with United Pavement Maintenance, Inc. in the amount of $595,271.70 for the additional rehabilitation of Birch Avenue; and WHEREAS, the term of the Contract Change Order shall be effective upon execution of the parties to this contract; and
WHEREAS, all the terms and conditions of the contract remain in full effect except as expressly amended by the Change Order; and
WHEREAS, the City Council of the City of Los Banos designates the Interim Public Works Director/City Engineer to sign and execute the Change Order to the contract.
WHEREAS, the City Council of the City of Los Banos has been presented a proposal to increase the appropriations in the 2023-2024 Fiscal Year budget; and WHEREAS, the City Council of the City of Los Banos may adjust the overall appropriation levels in each fund at any time during the Fiscal Year by action to amend the budget; and
WHEREAS, the proposed amendment to the 2023-2024 Fiscal Year Budget for an increase in appropriations in the amount of $595,271.70 to the Street & Road Improvements-Overlay Fund expenditures have been reviewed by the Interim Finance Director.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby
63 1. Authorizes the Interim Public Works Director/City Engineer to execute Change Order No. 3 to the Construction Contract with United Pavement Maintenance, Inc. for the Rehabilitation of Birch Avenue in the amount of $595,271.70.
2. Approve amending the Fiscal Year 2023-2024 Budget by increasing appropriations in the Street & Road Improvements-Overlay Fund 100-431-210- 715 in the amount of $595,271.70.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 6th day of December 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
64 1989 + 2022
TECHNICON
33 YEARS STRONG
ENGINEERING SERVICES, INC.
GEOTECHNICAL & ENVIRONMENTAL ENGINEERING -- CONSTRUCTION TESTING & INSPECTION November 7, 2023
Mr. James Cozad
City of Los Banos Public Works Department
411 Madison Avenue
Los Banos, CA 93635
Project:
Subject:
FY 23 Street Rehabilitation
Los Banos, CA
Mitigation of Unstable Subgrade - Birch Avenue
Dear Mr. Cozad:
TES No. 230354.008
In accordance with the request of Mr. Patrick Arambel, Inspector for City of Los Banos, TECHNICON Engineering Services, Inc. (TECHNICON) inspected the subgrade conditions at the above-referenced project on -November 6, 2023, in response to the contractor having reportedly encountered unstable soil conditions. This letter summarizes the observed subgrade conditions prior to the site being paved. In accordance with your request, this letter provides options to mitigate unstable pavement subgrade to facilitate pavement construction. A geotechnical investigation report has not been completed for the project.
OBSERVATIONS AND FINDINGS
Mr. Salvador Alvarez of TECHNICON made a site visit on November 6, 2023 to observe the reported conditions. Upon their arrival, Mr. Alvarez was directed to the most unstable area (near the intersection of Birch Avenue and Greenwood Way), where equipment had previously created severe rutting. Utilizing a T-handle probe to penetrate the soils it was observed that the soils were over-saturated, and the probe was penetrating the subgrade soil up to 4 feet under body weight. Although the unstable area that was observed was relatively small, the inspector expressed concern that other areas when loaded with grading and paving equipment would reveal similar conditions.
CONCLUSIONS AND RECOMMENDATIONS
High water content in the subgrade soil will prevent stability for construction equipment and will prevent proper compaction of the subgrade without significantly drying the subgrade soil to a compactable moisture range (typically around 2 to 3 percent above optimum for clay soil). The condition has resulted in areas of unstable ("pumping") subgrade conditions. The significant depth to which the unstable subgrade was observed would not be mitigated utilizing conventional over-excavation, disking, and solar drying methods to achieve compactable moisture conditions. Therefore, TECHNICON recommends mitigating the unstable pavement subgrade utilizing mechanical stabilization with a geogrid and aggregate base or chemical stabilization with lime.
CORPORATE OFFICE - 4539 N. Brawley Avenue #108, Fresno, CA 93722 ..... p 559.276.9311 - F 559.276.9344 MERCED OFFICE ..... 2345 Jetway Drive, Atwater, CA 95301 ..... P 209.384.9300 - F 209.384,0891 www.technicon.net
65 Mitigation of Unstable Subgrade - Birch Avenue
FY 23 Street Rehabilitation. Los Banos. California
Mechanical Stabilization Option
TES No. 230354.008
Page2
The following option provides a mechanical method to stabilize subgrade based on the area observed in the field. More severe/deeper rutting indicates severely unstable subgrade that may require additional aggregate base thickness and/or multiple layering of stabilization geogrid, both of which will be determined at the time of construction. Similarly, more stable areas may be mitigated with less aggregate base thickness than described below.
The unstable subgrade should be over-excavated to a depth of 17 inches bgs. The exposed subgrade should be graded relatively flat, smooth, and cleaned of loose soil. Low impact/low pressure equipment (track-mounted equipment) should be used to avoid further destabilization and damage to the subgrade. If further destabilization occurs or track equipment is not readily available, equipment should work from stable ground off the unstable subgrade.
The smoothed subgrade should be covered with Tensar NX850 geogrid, or approved equivalent. The geogrid should be installed according to the manufacturer's specifications.
Approximately 10 inches of Class 2 aggregate base, or recycled aggregate base, should be front loaded and spread on the geogrid, moisture conditioned to near optimum, and compacted to a minimum of 90 percent relative compaction. The aggregate base should be free from contamination with the onsite soil. The degree of compaction should be determined by Caltrans Test Method No. 216 (dry weight determination) or ASTM D1557. If 90 percent relative compaction cannot be achieved, or if unstable conditions persist, an additional layer of geogrid should be placed over the aggregate base prior to the placement of the final 7 inches of aggregate base. The final 7-inch layer should be compacted to a minimum of 95 percent relative compaction. The asphalt pavement may be placed directly on the compacted stabilization aggregate.
All excavations, placement of geogrid, and placement and compaction of aggregate base should be observed and tested by a representative of TECHNICON. The purpose of these observations is to verify that the recommendations contained herein are implemented during construction.
Chemical Stabilization Option
Considering the soil type predominately found at the site (sandy clay). lime is a suitable stabilization chemical. Lime will rapidly reduce the in-place moisture content of the soil, as well as reducing the soil plasticity. Based on previous projects in the Los Banos area, 5 percent chemical addition by dry weight is anticipated to dry the subgrade soil to a moisture content sufficient for compaction. TECHNICON recommends that the subgrade soil be treated to a depth of 18 inches to bridge the unstable subgrade below the depth of treatment.
The contractor should determine the means and methods of the treatment. Typical equipment associated with chemical treatment can mix approximately 18 inches (loose thickness) of soil in a single pass. The lime-soil mixture should be allowed to "mellow" prior to compaction. We recommend a minimum mellowing period of 16 hours. Mellowing refers to the waiting period between the time that chemical and soil are initially mixed, and the time that the treated soils are placed and compacted. More detailed specifications and procedures can be provided for lime stabilization if this option is selected. Compaction may be performed in a single lift, provided that the equipment used has the capacity to compact to that depth. Relative compaction should TECHNICON ENGINEERING SERVICES, INC.
66 Mitigation of Unstable Subgrade - Birch Avenue
FY 23 Street Rehabilitation, Los Banos, California
TES No. 230354.008
Page3
be a minimum 95 percent and moisture conditioned to at least 2 percent above optimum. All excavations, blending of treated soils, and placement and compaction of chemically treated soil should be observed and tested by a representative of TECHNICON. The purpose of these observations is to verify that the recommendations contained herein are implemented during construction.
CLOSING
We appreciate the opportunity to provide continued geotechnical engineering services to City of Los Banos during the construction phase of this project. If you have any questions regarding the information presented herein, or if we can be of further assistance, please contact our office at your convenience.
Respectfully submitted,
TECHNICON Engineering Servic
Salvador
Geotech
SA:vm
IS ,.;;
TECHNICON ENGINEERING SERVICES, INC.
67 THIS PAGE IS INTENTIONALLY LEFT BLANK
68 1989 2022
TECHNICON 33
YEARS STRONG
ENGINEERING SERVICES, INC.
' GEOTECHNICAL & EN IRONMENTAL ENGINEERING - CONSTRUCTION TESTING & INSPECTION November 14, 2023
Mr. James Cozad
City of Los Banos Public Works Deparbnent
411 Madison Avenue
Los Banos, CA 93635
Project:
Subject:
FY 23 Street Rehabilitation
Los Banos, CA
Pavement Design Recommendations - Birch Avenue
Dear Mr. Cozad:
TES No. 230354.009
In accordance with the request of Mr. Jose Lemus, Public Works Director/City Engineer for the City of Los Banos, TECHNICON Engineering Services, Inc. (TECHNICON) prepared this letter to provide conventional pavement design recommendations for a residential street rehabilitation project. We originally provided a mitigation recommendation letter (reference file TES No. 230354.008, dated November 7, 2023) for unstable soil conditions encountered at various locations along Birch Avenue. Since the mitigation options (chemical treatment and mechanical stabilization) cost estimates ended up being excessive, the City of Los Banos has opted to build a new conventional pavement section instead. The following are recommendations. for a new pavement section. A geotechnical investigation report has not been completed for the project.
DESIGN ASSUMPTIONS
Based on our experience with the clay soils in the Los Banos area, we have agreed with the City of Los Banos to assume a design R-value of 5 for the subgrade soils. The traffic loading provided by the City Engineer for Birch Avenue is a Traffic Index (Tl) of 5.0. The following flexible pavement design section has been calculated based upon the California Department of Transportation (Caltrans) design procedures.
RECOMMENDATIONS
Pavement Structural Section
Based on the assumed R-value of 5 and a Tl of 5.0, we recommended the following pavement structural section.
TABLE 2
RECOMMENDED MINIMUM PAVEMENT SECTIONS
Traffic Asphalt Aggregate
Index Concrete Base - Class 2
(inches) (inches)
5.0 4.0 7.5
CORPORATE OFFICE ... 4539 N. Brawley Avenue #108. Fresno, CA 93722 - P 559.276.9311 • F 559.276.9344 MERCED OFFICE - 2345 Jetway Drive. Atwater, CA 95301 ... P 209.384.9300 .. F 209.384.0891 www.technicon.net
69 Pavement Design Recommendations - Birch Avenue
FY 23 Street Rehabilitation, Los Banos. California
Construction Requirements
TES No. 230354.008
Paqe2
The flexible pavement should conform to and be placed in accordance with Caltrans Standard Specifications. The aggregate base (Class 2) should comply with the specifications in Sections
26. The aggregate base should be compacted to a minimum of 95 percent relative compaction as determined by Caltrans Test Method 216 (Dry determination) or ASTM D1557 test procedures. The top 6 inches of clay subgrade should have a relative compaction between 88 and 92 percent and a moisture content of approximately 3 to 4 percent above optimum moisture as determined by ASTM D1557 test procedures. The subgrade should meet moisture and compaction requirements prior to placement of aggregate base.
Construction Considerations
It is understood that shallow utilities are prevalent throughout the project. We understand that the utilities are older which make them more prone to damage if heavy, vibratory compaction equipment is used. Considering this, we recommend that areas overlying shallow utilities be compacted with smaller lightweight equipment and using only the minimal effort required to achieve the ·compaction requirements stated above. Compaction requirements may be waived in small defined areas (1.5 feet laterally) if there is found to be less than 4 inches of subgrade overlying a utility, to minimize the risk of damaging the utility. We would still recommend that those small defined areas at a minimum be hand-tamped to achieve at least some compaction.
If severely unstable (pumping) subgrades are encountered, which prevent the contractor from meeting relative compaction requirements, corrective measures should be implemented. Such measures could include disking to aerate, chemical treatment, replacement with drier material, mechanical stabilization, or other methods. For further information on mitigation options please refer to our original mitigation recommendation letter referenced above.
CLOSING
We appreciate the opportunity to provide continued geotechnical engineering services to City of Los Banos during the construction phase of this project. If you have any questions regarding the information presented herein, or if we can be of further assistance, please contact our office at your convenience.
Respectfully submitted,
TECHNICON Engineering Services, Inc.
Salvador Alvarez, PE, GE No. 32()9
Geotechnical Engineering Manager
SA:vm
TECHNICON ENGINEERING SERVICES, INC.
70 1989 +2024
TECHNICON
35 YEARS STRONG
ENGINEERING SERVICES, INC.
GEO TECHNICAL & ENVIRONMENT AL ENGINEERING ..... CONSTRUCTION TESTING & INSPECTION November 28, 2023
Ms. Anna Chavez
City of Los Banos Public Works Department
411 Madison Avenue
Los Banos, CA 93635
Project:
Subject:
FY 23 Street Rehabilitation
Los Banos, CA
Pavement Design Recommendations - Geogrid
Dear Ms. Chavez:
TES No. 230354.010
In accordance with your request, TECHNICON Engineering Services, Inc. (TECHNICON) prepared this letter to provide pavement design recommendations for a residential street rehabilitation project. We originally provided a mitigation recommendation letter (reference file TES No. 230354.008, dated November 7, 2023) for unstable soil conditions encountered at various locations along Birch Avenue. Additionally, we provided a pavement design recommendations letter for a conventional pavement reconstruction (reference file TES No. 230354.009, dated November 14, 2023). The following are recommendations for a new pavement section which incorporates geogrid. A geotechnical investigation report has not been completed for the project.
RECOMMENDATIONS
Based on the observed site conditions the native clay subgrade soils may have elevated moisture contents, which make them difficult to compact. To remove the need for compacting the subgrade prior to placement of the aggregate base layer, we recommended placing a geogrid (Tensar NX850) over the native subgrade followed by 7.5 inches of Class 2 aggregate base. The aggregate base layer should be compacted to 95 percent relative compaction as determined by Caltrans Test Method No. 216 (dry weight determination) or ASTM D1557.
For areas that are found to be excessively unstable (severe pumping) additional excavation of soil may be required up to 22 inches, then the geogrid may be placed, and Class 2 aggregate base placed and compacted over the geogrid. The depth of excavation may vary and will be dependent on the severity of the pumping soil.
CORPORATE OFFICE ~ 4539 N. Brawley Avenue #108, Fresno, CA 93722 ~ P 559.276.9311 ~ F 559.276.9344 MERCED OFFICE ~ 2345 Jetway Drive, Atwater, CA 95301 ~ P 209 384.9300 - F 209.384.0891 www.technicon.net
71 Pavement Design Recommendations - Geogrid
FY 23 Street Rehabilitation, Los Banos. California
CLOSING
TES No. 230354.010
We appreciate the opportunity to provide continued geotechnical engineering services to City of Los Banos during the construction phase of this project. If you have any questions regarding the information presented herein, or if we can be of further assistance, please contact our office at your convenience.
Respectfully submitted,
TECHNICON En ineering Services,
Salvador Alvarez, PE, GE
Geotechnical Engineering Manager
SA:vm
No.3209
TECHNICON ENGINEERING SERVICES, INC.
72 No.
Change Order No. 3-Geogrid of Birch Avenue
PROJECT:
PROJECT No. :
OWNER:
CONTRACTOR:
FY 23 Street Rehabilitation Project
23ST0006
City of Los Banos
United Pavement Maintenance
Date: November 30, 2023
Agreement Date: June 8, 2023
The following changes are hereby made to the CONTRACT DOCUMENTS:
1. The following Bid Items have been added:
Description
Original
Quantity
Final
Quantity
Adjusted Type of
Quantity Unit Unit Cost
Amount
Increased/Decreased
CCO06-Rev7 Geogrid Birch Ave 0 1 1 LS $ 595,271.70 $ 595,271.70 TOTAL this CHANGE ORDER: $493,393.46
Justification:
See attached
Change to CONTRACT PRICE:
Original CONTRACT PRICE:
Previous Change Order No. 1 and No. 2 Amount:
Current Change Order Amount:
The new CONTRACT PRICE including this
CHANGE ORDER will be:
Change to CONTRACT TIME:
The CONTRACT TIME will be (increased} by 5 working days.
The date for completion of all WORK will be:
$ 2,041,755.44 ---------
$ 998,191.44 ---------
$ 595,271.70 - --------
$ 3,635,218.58 ---------
12 12/08/2023
The undersigned hereby agrees to the above-described amendment of the Contract. Change Order No. 1 represents all changes in the Contract to date.
UNITED PAVEMENT MAINTENANCE, Name, Signature, and Date
CITY OF LOS BANOS, Name, Signature, and Date
This Change Order shall become a part of the Contract Documents only upon signature of both parties.
73 United Pavement Maintenance
P.O. Box 1017
Hughson, CA
Phone: 209-883-4345
LIC. NO. 905503
DIR# 1000878534
CHANGE ORDER REQUEST
TO: Patrick Arambel
City of Los Banos Public Works
(209) 587-6001
[email protected]
PROJECT: FY 23 Street Rehabilitation
RE: Aggregate Base & Dlgouts- Birch Avenue
ITEM DESCRIPTION
Dig out & Grading
Potholing
Geogrid Material & Installation
Time & Material- Additional AB Digouts
DEWO- SRuvalcaba 11/20/2023
DEWO- SRuvalcaba 11/21/2023
DEWO- SRuvalcaba 11/22/2023
DEWO- SRuvalcaba 1112712023
DEWO- SRuvalcaba 11129/2024
10-inch Dig Outs/HMA Repairs
12 Furnish and Place Asphalt Concrete
CONDITIONS/SCOPE:
- Contract conditions & exclusions apply
- Compaction testing by others
DATE:
UPDATE:
REV:
JOB NO.:
11/8/2023
11/30/2023
7 23-33
UPM CHANGE ORDER# 006 ------- C C 0# TB □
-------
UNIT TOTAL
QTY UNIT PRICE AMOUNT
1 LS $ 257,540.00 $ 257,540.00
1 LS $ 24,000.00 $ 24,000.00
1 LS $ 127,392.00 $ 127,392.00
1 LS $ 54,819.70 $ 54,819.70
$ 18,805.90
$ 12,328.97
$ 11,057.30
$ 6,344.29
$ 6,283.24
7000 SF $ 12.00 $ 84,000.00
440 TN $ 108.00 $ 47,520.00
PROJECT OH&P INCLUDED $ - PROJECT BOND INCLUDED $ - TOTAL CHANGE ORDER REQUEST $ 595,271.70 CONTRACT TIME EXTENSION REQUEST 12
(WORKING DAYS)
SIGNED:
____________
Se,o:t;t y~ SIGNED: ..._______ ---------------- UPM OWNER I CONTRACTOR DATE: 11/30/2023 DATE:
----------------- ----------------
Owner/Contractor * Project Management * Accounting * File 74 United Pavement Maintenanee
P.O. Box 1017 DAILY EXTRA WORK ORDER
LIC. NO.
DIRNO.
Hughson, CA 95326
Phone: 209- 883-4345
TO: Patrick Arambel DATE:
City of Los Banos Public Works FOREMAN:
209-587-6001
[email protected] DEWO:
PROJECT: FY 23 Street Rehabilitation JOB NO.:
SCOPE: Additional Dig Outs
l!.~UU"M.E~r LAUUR
Ca!Trans# Eqmpment Hours Rate Amount Classification Hours Rate HCECLCAT EXCAVATOR- CAT 315L 9.0 $ 37.89 $ 341.01 Sergio Ruvalcaba REG 8.00 102.73 315L Foreman (Operator) OT 1.00 137.63
LDRRTCASE SKIP LOADER- CASE 570NEP 9.0 $ 56.80 $ 511.20 Miguel Lopez REG 8.00 94.60 570NEP Operator OT 1.00 125.44
$ Rogelio Chavoya REG 8.00 90.64 - Operator OT 1.00 119.50 $ Zaeh Porterfield REG 8.00 95.26 - Operator OT 1.00 126.43 $ Honorio Perez REG 8.00 69.01 - Laborer OT 1.00 89.24
$ REG - OT
SUB-TOTAL EQUIPMENT: $ 852.21 REG
OT
MAl:tRIALS REG
Description (Uru t) Qty Rate Amount OT
Aggregate Base (TN) 324.0 $ 15.25 $ 4,941.00 SUB-TOTAL RT LABOR:
Load Charge (LD) 19.0 $ 10.00 $ 190.00 SUB-TOTAL OT LABOR:
$ - 10% RT LABOR SURCHARGE
$ - I 0% OT LABOR SURCHARGE
$ - !i:I !R(_'I IN OlAl:'fORS
$ - Company Name Unit Otv Rate
$ - Brisco ( 4 Trucks/6 Hr Min) HR 36.00 140.00
$ - $ - $ - SUB-TOTAL SUBCONTRACTS:
$ - MIU%
$ - TOTAL COST OF LABOR $ 4,637.78 33.0%
$ - TOTAL COST OF EQUIPMENT $ 852.21 15.0%
$ - TOTAL COST OF MATERIALS $ 5,535.32 15.0%
Tax 7.88% $ 404.32 TOTAL COST OF SUBCONTRACTORS $ 5,040.00 5.0% SUB-TOTAL MATERIALS: $ 5,535.32 TOTAL T&M >>>
1 $
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
905503
1000878534
11/20/2023
S Ruvalcaba
1 23-33
Amount
821.84
137.63
756.80
125.44
725.12
119.50
762.08
126.43
552.08
89.24 -
-
-
-
-
- 3,617.92
598.24
361.79
59.82 Amount
5,040.00
-
- 5,040.00
6,168.24
980.04
6,365.62
5,292.00
18,805.90
75 Date: / /-d{)-J.'J TIME & MATERIAL DETAIL ESTIMATE
LICENSE NO. 905503
Description of Work:
(j CHANGE ORDER/EXTRA WORK TAG
~,rciA., o,JC0
CAl..lRANS CODE t DESCRIPTION
TOTAL COST OF LABOR $ - X 35% = $
TOTAL COST OF ECUIPM!NT $ - X 15% ,. $
TOTAL COST OF MATERIALS $ - X 15% = $
TOTAL COST OF SUBCONTRACTORS $ . X 10% - $
Foreman/Estimator: Date: ( f -}-CJ- d"3
~~ '2w\ y.', •
- J
-
-
-
UNITED
PAVEMENT
MAINTENANCE
TOTAL EQUIPMENT
RATE
TOTAL MATfRIALS
8 TOTAL LABOR
RATE
TOTAL SUBCO.~l RAT
ESTIMATED TOTAL
s
$
$
$
$
$
$
$
$
s
s
$. •
s
~
$
$
$
s
$
$
$
$
$
$
s
s
$
$
$
AMOUJff
AMOUNT
>:;,;
'
76 United Pavement Maintenance
P.O. Box 1017 DAILY EXTRA WORK ORDER
UC. NO.
DIRNO.
Hughson, CA 95326
Phone: 209- 883-4345
TO: Patrick Arambel DATE:
City of Los Banos Public Works FOREMAN:
209-587-6001
[email protected] DEWO:
PROJECT: FY 23 Street Rehabilitation JOB NO.:
SCOPE: Additional Dig Outs
f;'lll1TM£i'f l LABOR
CalTrans# Equipment Hours Rate Amount Classification Hours Rate HCECLCAT EXCAVATOR-CAT 315L 4.0 $ 37.89 $ 151.56 Sergio Ruvalcaba REG 8.00 102.73 315L Foreman (Operator) OT 0.00 137.63
LDRRTCASE SKIP LOADER- CASE 570NEP 8.0 $ 56,80 $ 454.40 Miguel Lopez REG 8.00 94.60 570NEP Operator OT 0.00 125.44
ROVIBCAT ROLLER- CAT CB13 2.0 $ 157.61 $ 315.22 Juan Franco REG 8.00 89.26 CBl3 Operator OT 0.00 117.43
$ Honorio Perez REG 8.00 69,01 - Laborer OT 0.00 89.24
$ Eduardo Cuevas REG 8.00 56.76 - Laborer (Apprentice) OT 0.00 70.86 $ REG - - OT
SUB-TOTAL EQUIPMENT: $ 921.18 REG
OT
MA. I ••r ~_!_& I .~ REG -
Description (Unit) Qty Rate Amount OT
Aggregate Base (TN) 88.0 $ 15.25 $ 1,342.00 SUB-TOTAL RT LABOR:
Load Charge (LD) 6.0 $ 10.00 $ 60.00 SUB-TOTAL OT LABOR:
$ - 10% RT LABOR SURCHARGE
$ - 10% OT LABOR SURCHARGE
$ - :i.lJJ1CON'fRAC1 VIQ
$ - Company Name Unit Qty Rate
$ - Brisco (4 Trucks/6 Hr Min) HR 32.00 140.00
$ - $ - $ - SUB-TOTAL SUBCONTRACTS:
$ - MIU%
$ - TOT AL COST OF LABOR $ 3,628.77 33.0%
$ - TOT AL COST OF EQUIPMENT $ 921.18 15.0%
$ - TOTALCOSTOFMATERIALS $ 1,512.48 15.0%
Tax 7.88% $ 110.48 TOT AL COST OF SUBCONTRACTORS $ 4,480.00 5.0% SUB-TOT AL MATERIALS: $ 1,512.48 TOTAL T&M =>>>
1 $
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
905503
1000878534
11/21/2023
S Ruvalcaba
2 23-33
Amount
821.84
- 756.80
- 714.08
- 552.08
- 454.08
-
-
-
-
-
-
- 3,298.88
- 329.89
-
Amount
4,480.00
-
- 4,480.00
4,826.26
1,059.36
1,739.35
4,704.00
12,328.97
77 Daw:
Oescrfptlan ofWOfk:
$
s
TOTAL COST OF LABOR $
TOTAL COST OF EQUIPMENT $
TOTAL COST OF MATERIALS $
TOTAL COST OF SUBCONTRACTORS $
Foreman/Estimator:
4w. ~MY{,.,/,.
TIME & MATERrAL DETAIL ESTIMATE
LICENSE NO, 905503
DESCRIPTION
RT RATE
; $
- X 35% = $
- X 15% = $
- X 15% = $
. X 10% = $
OTAATE
- I
-
-
-
UNTED
PAVEMENT
MAINTENANCE
RATE
$
$
$
$
$
$
TOTAL EQUIPMENT s
RA11: AMOUNT
$
$
s
s
$
$
$
$
TOTAL MATERIALS $
OT
$
$
$
$
$
$
$
$
TOTAL LABOR $
RATE AMOUHf
$
s
$
$
TOTAL SUBCONTR.<>.T s
ESTIMATED TOTAL $
Date:
l/•J).~3
78 United Pavement Maintenance
P.O. Box 1017 DAILY EXTRA WORK ORDER
LIC. NO.
DIRNO.
Hughson, CA 95326
Phone: 209- 883-4345
TO: Patrick Arambel DATE:
City of Los Banos Public Works FOREMAN:
209-587-6001
[email protected] DEWO:
PROJECT: FY 23 Street Rehabilitation JOB NO.:
SCOPE: Additional Dig Outs
l!i'J ll lY!\'IEN I I ,AHi Ill
Ca!Trans# Equipment Hours Rate Amount Classtncat10n Hours Rate HCECLCAT EXCAVATOR-CAT 315L 4.0 $ 37.89 $ 151.56 Sergio Ruvalcaba REG 8.00 102.73 315L Foreman (Operator) OT 0.00 137.63
LDRRTCASE SKIP LOADER- CASE 570NEP 6.0 $ 56.80 $ 340.80 Miguel Lopez REG 8.00 94.60 570NEP Operator OT 0.00 125.44
$ Zach Porterfield REG 8.00 95.26 - Operator OT 0.00 126.43 $ Honorio Perez REG 8.00 69.01 - Laborer OT 0.00 89.24
$ Eduardo Cuevas REG 8.00 56.76 - Laborer (Apprentice) OT 0.00 70.86 $ REG - OT
SUB-TOTAL EQUIPMENT: $ 492.36 REG
OT
MA'JE.KIALS REG
Descnption (Umt) Qty Rate Amount OT
Aggregate Base (TN) 50.0 $ 15.25 $ 762.50 SUB-TOTAL RT LABOR:
Load Charge (LD) 4.0 $ 10.00 $ 40.00 SUB-TOT AL OT LABOR:
$ - 10% RT LABOR SURCHARGE
$ - 10% OT LABOR SURCHARGE
$ . SUBl.:.ONTKA(.;'l'URS
$ - Company Name Unit Otv Rate
$ - Brisco ( 4 Trucks/6 Hr Min) HR 24.00 140.00
$ . Central Sweeping HR 6.00 170.00
$ - $ . SUB-TOTAL SUBCONTRACTS:
$ . MIU%
$ . TOTAL COST OF LABOR $ 3,681.57 33.0%
$ - TOTAL COST OF EQUIPMENT $ 492.36 15.0%
$ . TOT AL COST OF MATERIALS $ 865.74 15.0%
Tax 7.88% $ 63.24 TOT AL COST OF SUBCONTRACTORS $ 4,380.00 5.0% SUB-TOTAL MATERIALS: $ 865.74 TOTAL T&M -=>>>
1 $
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
905503
1000878534
11/22/2023
S Ruvalcaba
3 23-33
Amount
821.84
.
756.80
.
762.08
.
552.08
.
454.08
.
-
-
-
-
.
.
3,346.88
- 334.69
-
Amount
3,360.00
1,020.00
- 4,380.00
4,896.49
566.21
995.60
4,599.00
11,057.30
79 Date:
Project"-: L 41 t5 .,,,,, «<
Description of Wonc
CAL "TRANS conE.
NO.
\
\
\
'
$
$
TOTAL COST OF LABOR
TOTAL COST OF EQUIPMENT
TOTAL COST OF MATERIALS
TOTAL COST OF SUBCONTRACTORS
TIME & MATERIAL DETAIL ESTIMATE
LICENSE NO. 905503
CHANGE ORDER/EXTRA WORK TAG
Dh<d. s\:.
DESCRIPTION
CLASSIFICATION RTRATI!
(SURCHARGE) x 10% • $
(SURCHARGE) x 10% ,. $
DESCftlJ>T1ON
$ - X 35% .. $
$ . X 15% - $
s - X 15% • $
$ - X 10% = $
OT RATE
- I
-
-
-
UNITED
PAVEMENT
MAINTENANCE
u
$
$
$
$
$
$
TOTAL EQUIPMENT $
RATE AMOUN'l'
$
$
$
$
$
$
$
$
TOT,\L t,!ATER'.ALS $
RT OT AM
$
$
$
$
$
$
$
$
T01AL LABOR $
$
$
$
$
ro;AL SLJBCONTRAT $
ESTIMATED TOTAL $
Date:
// :· ;J)-~,3
80 United Pavement Maintenance
P.O. Box 1017 DAILY EXTRA WORK ORDER
LIC. NO.
DIRNO.
Hughson, CA 95326
Phone: 209- 883-4345
TO: Patrick Arambel DATE:
City of Los Banos Public Works FOREMAN:
209-587-6001
[email protected] DEWO:
PROJECT: FY 23 Street Rehabilitation JOB NO.:
SCOPE: Additional Dig Outs
~\IUU'~!'IT LA.HUil
CalTrans# Equipment Hours Rate Amount Class1fication Hours Rate HCECLCAT EXCAVATOR- CAT 315L 4.0 $ 37.89 $ 151.56 Sergio Ruvalcaba REG 4.00 102.73 315L Foreman (Operator) OT 0.00 137.63
LDRRTCASE SKIP LOADER- CASE 570NEP 4.0 $ 56.80 $ 227.20 Miguel Lopez REG 4.00 94.60 570NEP Operator OT 0.00 125.44
ROVIBCAT ROLLER- CAT CB13 4.0 $ 157.61 $ 630.44 Rogelio Chavoya REG 4.00 90.64 CBl3 Operator OT 0.00 119.50
$ Jerardo Gutierrez REG 4.00 66.56 - Laborer OT 0.00 85.56 $ Josiah Eck REG 4.00 53.24 - Laborer (Apprentice) OT 0.00 65.58 $ REG
- OT
SUB-TOT AL EQUIPMENT: $ 1,009.20 REG
OT
MATERIALS REG
Description (Unu) Qty Rate Amount OT
Aggregate Base (TN) 52.0 $ 15.25 $ 793.00 SUB-TOTAL RT LABOR:
Load Charge (LD) 4.0 $ 10.00 $ 40.00 SUB-TOT AL OT LABOR:
$ - 10% RT LABOR SURCHARGE
$ - 10% OT LABOR SURCHARGE
$ - SUBCONTRACTORS
$ - Comoanv Name Unit Otv Rate
$ - Brisco (2 Trucks/6 Hr Min) HR 12.00 140.00
$ - $ - $ - SUB-TOTAL SUBCONTRACTS:
$ - MIU%
$ - TOTAL COST OF LABOR $ 1,794.19 33.0%
$ - TOT AL COST OF EQUIP:tv!ENT $ 1,009.20 15.0%
$ - TOT AL COST OF MATERIALS $ 898.64 15.0%
Tax 7.88% $ 65.64 TOTAL COST OF SUBCONTRACTORS $ 1,680.00 5.0% SUB-TOTAL MATERIALS: $ 898.64 TOTAL T&M --->>>
1 $
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
905503
)000878534
11/27/2023
S Ruvalcaba
4 23-33
Amount
410.92
- 378.40
-
362.56
- 266.24
- 212.96
-
-
-
-
-
-
- 1,631.08
- 163.11
-
Amount
1,680.00
-
- 1,680.00
2,386.27
1,160.58
1,033.44
1,764.00
6,344.29
81 UTNATI!
KTAO
ftT AATI! OT RATI! GT
TOTAL COBTQFlABQR S x 35% :a S
rot.Al. cosroFEQUIPMENr s _ ______ x;;;._ ___ 1s_%~-•, .s'---- !OTAL. C9$TOFMATERIAt'.8 x 18% 11 !_ - --- - ---
TOTAL COST OF SUBCONTRACTORS $ x 10% • S
Date:
, 1-,-z-,1
. ____ _,
s
'S
,S
•
$
' s
s
$
s
~
82 ii Pavement Maintenance
X 1017 DAILY EXTRA WORK ORDER
UC. NO.
DIRNO.
905503
1000878534
n, CA 95326
W9- 883-4345
TO: Patrick Arambel
City of Los Banos Public Works
209-587-6001
[email protected]
ROJECT: FY 23 Street Rehabilitation
:COPE: Additional Dig Outs
EQU U"M (!;_!'n
Trans# Equipment Hours Rate
CLCAT EXCAVATOR- CAT 315L 4.0 $ 37.89 ,ISL
tTCASE SKIP LOADER- CASE 570NEP 4.0 $ 56.80 0NEP
'IBCAT ROLLER-CAT CB13 4.0 $ 157.61 :B13
SUB-TOTAL EQUIPMENT:
I MAf.ERIALS
Descnptlon (Umt) Qty Rate
Aggregate Base (TN) 48.0 $ 15.25
Load Charge (LD) 3.0 $ 10.00
Tax 7.88%
SUB-TOT AL MATERIALS:
Amount
$ 151.56
$ 227.20
$ 630.44
$ -
$ -
$ -
$ 1,009.20
Amount
$ 732.00
$ 30.00
$ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 60.05 $ 822.05
DATE: 11/29/2023
FOREMAN: S Ruvalcaba
DEWO: 5
JOB NO.: 23-33
l . .t.KI•~ I
Classification Hours Rate Amount
Sergio Ruvalcaba REG 4.00 102.73 $ 4·
Foreman (Operator) OT 0.00 137.63 $
Miguel Lopez REG 4.00 94.60 $ 3'
Operator OT 0.00 125.44 $
Jerardo Gutierrez REG 4.00 66.56 $ 2(
Laborer OT 0.00 85.56 $
Zach Porterfield REG 4.00 95.26 $ 31
Operator OT 0.00 126.43 $
Josiah Eck REG 4.00 53.24 $ 2:
Laborer (Apprentice) OT 0.00 65.58 $
REG $
OT $
REG $
OT $
REG $
OT $
SUB-TOTAL RT LABOR: $ 1,6,
SUB-TOTAL OT LABOR: $
10% RT LABOR SURCHARGE $ 1(
10% OT LABOR SURCHARGE $
SI l Ma :t:~"! 1'KAC"1·uKS I
Company Name Unit Otv Rate Amount
Brisco (2 Trucks/6 Hr Min) HR 12.00 140.00 $ l,6l
$
$
SUB-TOTAL SUBCONTRACTS: $ 1,6l
MIU¾
TOT AL COST OF LABOR $ 1,814.52 33.0o/o $ 2,4:
TOTAL COST OF EQUIPMENT $ 1,009.20 15.0% $ 1,1(
TOTAL COST OF MATERIALS $ 822.05 15.0o/o $ 9,
TOTAL COST OF SUBCONTRACTORS $ 1,680.00 5.0% $ 1,7(
TOTAL T&M ==>>> $ 6,28:
83 CLASSIFICATIOH RT RATE OTRAT! ,r
TQTAL L"80R
DESCHI
-
IQJ~, 'iU8S:l•~ti."I
J(
It -
l( ESllMATEO TOTAL
84 TO:
FROM:
DATE:
LOsBanos
t tlu Cros~road. of ( ·al~fonua
Agenda Staff Report
Mayor and City Council Members
Paul Tualla, Fire Chief
December 6, 2023
TYPE OF REPORT: Consent Agenda
SUBJECT: Entering into a Professional Services Agreement with Vanir Construction Management, Inc. for Project Management Services for the New Fire Station No. 4 Project
Recommendation:
That the City Council adopts the Resolution entering into a Professional Services Agreement (Agreement) with Vanir Construction Management, Inc. for the Project Management Services for the New Fire Station No. 4 Project, and authorize the City Manager to execute the Professional Services Agreement. The administration of this Professional Services Agreement is to be performed by the Public Works Director/City Engineer. Said agreement is not to exceed $35,435.00 for Phase 1, Pre-design Services.
Background:
The City of Los Banos is currently served by two Fire Stations located within the city limits.
The department staffs two (2) apparatus each day, six (6) on-duty personnel and one (1) Chief Officer. The City of Los Banos has continued to grow in population, which has an impact with increased call volumes and response times from the current fire stations.
In an effort to decrease call response travel times and to meet the national standard of four (4) minutes, an additional fire station is needed. In 2019, through a collaborative effort from Senator Anna Caballero and Assemblymember Adam Gray, the City of Los Banos was provided $5 million from the State of California for the building of a New Fire Station, Regional Training Facility and Emergency Operations Center (EOC).
An initial site was selected at the east end of the city for the New Fire Station and EOC.
After a Needs Assessment and due to expansion in the west side of the city, it was determined the best suited site for the new station and EOC is on property that has been 85 designated for a future fire station, located in residential development of Anderson Homes on the westside of the city.
The Stonecreek South Area Plan Environmental Impact Report (EIR) evaluated the demand for fire services, fire personnel and equipment as a result of development of the Stonecreek Area Plan. Each development within the Plan would be required to pay impact fees for fire services, but development of the southwest portions of the Area Plan would result in a potential significant impact to services. Implementation of the following mitigation measure was adopted to reduce this impact to a less than significant level:
"No building permits shall be issued for buildings on the portion of the project site south of Cardoza Road and Badger Flat Loop Road, without written evidence from the City of Los Banos Fire Chief that the City of Los Banos Fire Department can serve the development within acceptable response times."
In 2019, Anderson Homes granted an Irrevocable Offer of Dedication of 1.4 acres for the public purpose of a fire station site and other related public purposes within Assessor's Parcel Number: 430-010-035.
Discussion:
The City of Los Banos released a Request for Qualifications (RFQ) for Engineering Services for Project Management Services for the New Fire Station No. 4 Project on August 30, 2023.
On October 4, 2023, three (3) firms submitted SOQs to the City Clerk.
The Firms were: lnterwest Consulting Group
Vanir Construction Management, Inc.
Cumming Management Group, Inc.
A three (3) person review panel previewed the submitted SOQs, and unanimously selected Vanir Construction Management, Inc. to negotiate an agreement with.
This agreement will authorize that Phase 1, Pre-design Services be awarded on a percentage lump sum basis for $35,435.00
In order to authorize the future project management services phases, separate addendums to this agreement are required to be processed and presented to the City Council for their approval. These addendums will refine the proposal's scope of services and fee for phases 2 and 3 once a clearer definition of the projects parameters are established after the completion of Phase 1.
Future phases are:
• Phase 2, Design, Project Management Services
• Phase 3, Construction, Project Management Services
86 The City Attorney has approved said agreement as to form.
Fiscal Impact:
The percentage lump sum amount of $35,435.00 for Phase 1 of the Project Management Services for the New Fire Station No. 4 Project has been budgeted in Fiscal Year 2023/2024 City Budget Account No. 322-422-100-720, Fire Emergency Operations Center Building and Structures.
Attachments:
Resolution
Professional Services Agreement with:
Exhibit A- Phase 1 Scope and Fee
Budget Sheets
Location Map
Brent Kuhn, Interim Finance Director
87 THIS PAGE IS INTENTIONALLY LEFT BLANK
88 RESOLUTION NO. __
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT WITH VANIR
CONSTRUCTION MANAGEMENT, INC. FOR
PROJECT MANAGEMENT SERVICES FOR THE
NEW FIRE STATION No. 4 PROJECT
WHEREAS, as Request for Qualifications was issued on August 30, 2023 to perform Project Management Services for the New Fire Station No. 4 Project; and WHEREAS, staff has reviewed the qualifications of each firm which submitted a proposal, and negotiated the cost proposal with the firm being recommended; and WHEREAS, the proposed Professional Services Agreement has been reviewed by the City Attorney and approved as to form; and
WHEREAS, this agreement approved the Phase 1 Scope and Phase 1 Cost based on a percentage lump sum of $35,435.00; and
WHEREAS, due to the project design and construction processes not being completed at this stage, the Phase 2 and Phase 3 Scope and Cost Proposal will need to be approved by the City Council in future Agreement Addendums.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby authorize the City Manager to execute a Professional Services Agreement with Vanir Construction Management, Inc. for Project Management Services for the New Fire Station No. 4 Project.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 6th day of December 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
89 THIS PAGE IS INTENTIONALLY LEFT BLANK
90 PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF LOS BANOS AND
VANIR CONSTRUCTION MANAGEMENT, INC.
[NEW FIRE STATION No. 4 PROJECT]
THIS AGREEMENT is made and entered into this __ day of ____ 2023, by and between the City of Los Banos, a municipal Corporation (herein referred to as "City") and Vanir Construction Management, Inc. (herein referred to as "Consultant").
RECITALS
A. WHEREAS, City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California.
B. WHEREAS, City issued a Request for Qualifications ("RFQ") on August 30, 2023 seeking a qualified consulting firm to provide project management services for the New Fire Station No. 4 Project.
C. WHEREAS, on October 4, 2023, Consultant submitted a Statement of Qualifications ("SOQ") in response to the City's RFQ.
D. WHEREAS, the Consultant's submittal was evaluated and ranked according to the criteria provided in the RFQ.
E. WHEREAS, City desires to engage Consultant as an independent contractor to provide professional project management services for specific tasks associated with the New Police Department Facilities Project.
F. WHEREAS, Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement.
G. WHEREAS, City desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:
1. Term. The term of this Agreement shall commence upon the above written date and shall remain in effect until the completion of Phase 3, Construction Phase, of the Project unless terminated earlier as set forth herein.
WA V0S.30.2023 1
91 2. Scope of Services. Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion.
2.1. Phasing of Scope of Services. The Scope of Services shall be divided into three (3) phases with identifiable tasks within each phase (Phase 1, Pre-Design; Phase 2, Design; Phase 3, Construction).
a. Phase 1. Pre- Design Phase Services: The parties agree that upon execution of this Agreement and notice to proceed issued by City for Phase 1, Consultant shall commence work on Phase 1 Pre-Design Phase Services, Tasks 1 through 5 as set forth in Exhibit B attached hereto and incorporated herein by this reference.
b. Phase 2. Design: The parties agree that upon execution of this Agreement and notice to proceed issued by City for Phase 2, Consultant shall commence work on Phase 2, Design Services. The parties recognize that the project improvements have not been defined at the time of execution of this Agreement, therefore the parties agree that the scope of work and tasks for Phase 2 shall be confirmed in writing by mutual agreement by amendment/addendum to this Agreement.
c. Phase 3. Construction: The parties agree that upon execution of this Agreement and notice to proceed issued by City for Phase 3, Consultant shall commence work on Phase 3, Construction Phase Services. The parties recognize that the project improvements have not been defined at the time of execution of this Agreement, therefore the parties agree that the scope of work and tasks for Phase 3 shall be confirmed in writing by mutual agreement by amendment/addendum to this Agreement.
2.2. Consultant shall provide such services when given written instruction to do so by the Public Works Director, or his designee. Consultant shall diligently perform all the services described in the Scope of Services upon issuance by the City a notice to proceed. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. Nothing in this Agreement shall be interpreted to obligate City to proceed with the Project or authorize any Phase of Work described in the Scope of Services which decision shall be entirely at the sole discretion of the City.
2.3. All professional services shall be performed by Consultant or under Consultant's supervision. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional Consultants in accordance with sound professional practices.
3. Time of Performance.
Time is of the essence in the performance of services under this Agreement and the services shall be performed to completion in a diligent and timely manner in accordance with the Project Schedule for each Phase.
WA V0S.30.2023 2
92 3.1. A Project Schedule/Timeline shall be mutually agreed upon for each Phase of the Project by amendment/addendum to this Agreement. The failure by Consultant to perform the services in a diligent and timely manner may result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed.
4. Compensation, Allowable Costs and Payments.
City shall pay Consultant for services rendered on a percentage, lump sum basis in accordance with the provisions of this Section as follows:
a. Phase 1. Pre-Design Phase: Consultant's compensation for all work performed in accordance with this Agreement for Phase 1, Pre-Design, including all reimbursable items and sub Consultant fees, shall be a percentage lump sum of thirty five thousand four hundred thirty five dollars ($35,435.00) unless otherwise authorized in writing by the City in accordance with the Fee Proposal submitted by Consultant on November 9, 2023 attached hereto as Exhibit B and incorporated herein by reference.
b. Phase 2. Design Phase: The parties recognize that the project improvements have not been defined at the time of execution of this Agreement, therefore the parties have agreed that the scope of work and tasks for Phase 2 may be refined and confirmed in writing as necessary by amendment/addendum to this Agreement and agree that a cost proposal on a percentage lump sum basis for Phase 2 shall be incorporated by mutual agreement to reflect the amended scope.
c. Phase 3. Construction Phase: The parties recognize that the project improvements have not been defined at the time of execution of this Agreement, therefore the parties have agreed that the scope of work and tasks for Phase 3 may be refined and confirmed in writing as necessary by amendment/addendum to this Agreement and agree that a cost proposal on a percentage lump sum basis for Phase 3 shall be incorporated by mutual agreement to reflect the amended scope.
4.1. Consultant will be reimbursed for incurred (actual) direct costs other than salary costs that are in the cost proposal and identified in the cost proposal and in the executed Agreement.
4.2. Reimbursement for transportation and subsistence costs shall not exceed the rates as specified in the approved Cost Proposal.
4.3. When milestone cost estimates are included in the approved Cost Proposal, Consultant shall obtain prior written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such estimate.
WA V0S.30.2023 3
93 4.4. Progress payments will be made monthly m arrears based on percentage of services provided and actual costs incurred.
4.5. Consultant shall not commence performance of work or services until this contract has been approved by the City, and notification to proceed has been issued by the City's Contract Administrator. No payment will be made prior to approval or for any work performed prior to approval of this contract.
4.6. Consultant will be reimbursed, as promptly as fiscal procedures will permit upon receipt by the City's Contract Administrator of itemized invoices. Invoices shall be submitted no later than forty five (45) calendar days after the performance of work for which Consultant is billing. Invoices shall detail the work performed on each milestone, as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference the project title.
Invoices shall be mailed to the City's Contract Administrator at the following address:
City of Los Banos,
Public Works Director/City Engineer
411 Madison A venue,
Los Banos, CA 93635
4.7. The total amount payable by the City shall not exceed the amount agreed upon, unless authorized by contract amendment.
4.8. If the Consultant fails to satisfactorily complete a deliverable according to the schedule, no payment will be made until the deliverable has been satisfactorily completed.
5. Contract Administration. The Public Works Director/City Engineer shall have the authority to act for City under this Agreement. The Public Works Director or his/her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. Consultant shall designate a representative for purposes of this Agreement who shall have the authority to act for Consultant under this Agreement.
6. Pro ject Managers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement. Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term.
7. Indemnification. To the fullest extent permitted by law, Consultant shall defend (with counsel of City's choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, this Agreement, including without limitation the payment of all damages, expert witness fees and attorney's fees and other related costs and expenses. Consultant's obligation to WA V0S.30.2023 4
94 indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers. 7 .1. If Consultant's obligation to defend, indemnify, and/or hold harmless arises out of Consultant's performance of "design professional" services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the Consultant's proportionate percentage of fault.
8. Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of work. Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by the City Attorney prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City Attorney.
D. Coverage Requirements.
i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence, four million dollars ($4,000,000) general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Consultant's general liability policies shall be primary and non-contributory, and be endorsed using Insurance Services Office form WA V0S.30.2023 5
95 CG 20 10 to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. For construction contracts, an endorsement providing completed operations to the additional insured, ISO form CG 20 37, is also required. 111. Automobile Liability Coverage. Consultant shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than two million dollars ($2,000,000) per accident. If Consultant owns no vehicles, this requirement may be met through a non-owned auto endorsement to the CGL policy.
iv. Professional Errors and Omissions Insurance. Consultant shall maintain professional liability insurance that insures against professional errors and omissions that may be made in performing the Services to be rendered in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and not less than two million dollars ($2,000,000) in the annual aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement, and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement. The cost of such insurance shall be included in Consultant's bid.
E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant.
ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self-insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder.
111. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers.
v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers.
WA V0S.30.2023 6
96 vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non-payment of premium) written notice has been received by City.
8.1. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.
8.2 Consultant shall not allow any subcontractors or sub consultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or sub consultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or sub consultants.
9. Nondiscrimination. In the performing of this Agreement, Consultant shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation race, religion, color, national origin, handicap, ancestry, sex or age.
10. Independent Contractor. It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services.
10.1. The Consultant shall at all times remain an independent Contractor with respect to the services to be performed under this Agreement and shall be responsible for the payment of Federal and State Employer Withholding Taxes, Unemployment Insurance Taxes, FICA Taxes, Retirement, Life and/or Medical Insurance, and Worker's Compensation Insurance for the employees of the Consultant or any other person performing services under this Agreement.
Consultant and its employees are not entitled to the rights or benefits afforded to City's employees, including disability or unemployment insurance, workers' compensation, medical insurance, sick leave, or any other employment benefit. Consultant agrees to indemnify and hold City harmless from any claims, costs, losses, fees, penalties, interest, or damages suffered by City as a result of any claim by any person or entity contrary to the provisions of this Section 10.
WA V0S.30.2023 7
97 11. Subcontracting. Nothing contained in this contract or otherwise, shall create any contractual relation between the City and any sub consultant(s), and no subcontract shall relieve Consultant of its responsibilities and obligations hereunder. Consultant agrees to be as fully responsible to the City for the acts and omissions of its sub consultant(s) and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by Consultant. Consultant's obligation to pay its sub consultant(s) is an independent obligation from the City's obligation to make payments to the Consultant.
11.1. Consultant shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this contract shall be subcontracted without written authorization by the City's Contract Administrator.
11.2. Consultant shall pay its sub consultants within ten (10) calendar days from receipt of each payment made to Consultant by the City.
11.3. All subcontracts entered into as a result of this contract shall contain all the provisions stipulated in this Agreement to be applicable to sub consultants.
11.4. Any substitution of sub consultant(s) must be approved in writing by City's Contract Administrator prior to the start of work by the sub consultant(s).
11.5 Consultant shall not employ or engage, or attempt to employ or engage, any person who is or was employed by City or any department thereof at any time that this Agreement is in effect, during the term of this Agreement and for a period of two years after the termination of this Agreement or the completion of the Services, without the written consent of City.
12. Ownership of Documents. All documents, information and materials of any and every type furnished or prepared by the Consultant or any of its subcontractors pursuant to and in the course of performance of this Agreement shall be and remain the sole and exclusive property of the City. Such documents, information and materials shall include but not be limited to all findings, reports, plans, specifications, studies, drawings, estimates, documents, information and data including, but not limited to, electronic media, computer tapes or discs, files, and tapes furnished or prepared or accumulated by the Consultant in performing work under this Agreement, whether completed or in process. City shall have the sole right to use such documents, materials and information in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such documents, materials and information to City upon prior written request.
12.1. All Documents shall be considered works made for hire and all Documents and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of the City without restriction or limitation upon their use, duplication or dissemination by the City.
Consultant shall not obtain or attempt to obtain copyright protection as to any Documents.
WA V0S.30.2023 8
98 12.2. Nothing herein shall constitute or be construed to be any representation by Consultant that the work product is suitable in any way for any other project except the one detailed in this Agreement. Any reuse by City for another project or project location shall be at City's sole risk.
13. Confidentiality. All City information disclosed to Consultant during the course of performance of services under this Agreement shall be treated as confidential and shall not be disclosed to any other persons or parties except as authorized by City, excepting that information which is public record and subject to disclosure pursuant to the Public Records Act, or otherwise required by law. All documents, including drafts, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information, excepting that information which is public record and subject to disclosure pursuant to the Public Records Act, or otherwise required by law.
14. Access to Records. Consultant shall maintain all books, records, documents, accounting ledgers, and similar materials relating to work performed for City under this Agreement on file for at least three (3) years following the date of final payment to Consultant by City. Any duly authorized representative(s) of City shall have access to such records for the purpose of inspection, audit and copying at reasonable times, during Consultant's usual and customary business hours. Consultant shall provide proper facilities to City's representative(s) for access and inspection. Consultant shall be entitled to reasonable compensation for time and expenses relate to such access and inspection activities, which shall be considered to be an additional service to the City, subject to the provisions of Section 4 hereinabove.
15. Conflict of Interest. The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest.
15.1. If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section.
15.2. Consultant represents that neither Consultant, nor any of its employees, agents or subcontractors, have a conflict of interest with respect to the work to be performed under this Agreement, nor shall such individuals, during this term of this Agreement, acquire any interest, which would conflict in any manner with the performances of services hereunder.
16. Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant's sole cost and expense.
WA V0S.30.2023 9
99 17. Compliance with Laws, Rules, Regulations. Consultant shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement.
17 .1 Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the construction management services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws.
18. Integration; Amendment. This Agreement represents the entire understanding of City and Consultant as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered in it. This Agreement may not be modified or altered except by amendment in writing sign by both parties.
City's city manager, or designee, may execute any such amendment on behalf of City.
19. Severabilitv. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of the Agreement shall continue to be in full force and effect.
20. WaiverNaliditv. Consultant agrees that waiver by City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver of any other condition of performance under this Agreement. The acceptance by the City of the performance of any work or services by Contractor shall not be deemed to be a waiver of any term or condition of this Agreement.
21. Jurisdiction. City and Consultant agree that the law governing this Agreement shall be that of the State of California. Any suit brought by either party against the other arising out of the performance of this Agreement shall be filed and maintained in the County of Merced.
22. Notice. Any notices required to be given pursuant to this Agreement shall be deemed to have been given by their deposit, postage prepaid, in the United States Postal Service, addressed to the parties as follows:
WA V0S.30.2023
100
To City:
Public Works Director/City Engineer
411 Madison A venue
Los Banos, California 93635
To Consultant:
Scott Murphy, CCM
V anir Construction Management, Inc.
2444 Main Street, Ste. 130
Fresno, CA 93721
Nothing hereinabove shall prevent either City or Consultant from personally delivering any such notices to the other.
23. Termination. City may, in its sole discretion, terminate this Agreement at any time and for any reason whatsoever by giving written notice of such termination to Consultant.
In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. In the event of such termination, Consultant shall be entitled to compensation for all services rendered and work performed for City to the date of such termination.
24. Corrective Measures. Consultant will promptly implement any corrective measures required by City regarding the requirements and obligations of this Agreement.
Consultant will be given a reasonable amount of time as determined by the City to implement said corrective measures. Failure of Consultant to implement required corrective measures shall result in immediate termination of this Agreement.
25. Corrections. In addition to the above indemnification obligations, the Consultant shall correct, at its expense, all errors in the work which may be disclosed during the City's review of the Consultant's report or plans. Should the Consultant fail to make such correction in a reasonably timely manner, such correction shall be made by the City, and the cost thereof shall be charged to the Consultant. In addition to all other available remedies, the City may deduct the cost of such correction from any retention amount held by the City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction.
26. Acceptance Of Facsimile Or Electronic Signatures. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature.
27. Authoritv. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein.
WA V0S.30.2023 11
101
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates set forth below.
Date: ______ , 2023
Date: _____ ~ 2023
ATTEST:
CITY CLERK
Lucille L. Mallonee, City Clerk
APPROVED AS TO FORM:
William A. Vaughn
City Attorney
WA V0S.30.2023 12
VANIR CONSTRUCTION
MANAGEMENT, Inc.
by:
CITY OF LOS BANOS, a California
municipal corporation
by:
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EXIDBIT A
SCOPE OF SERVICES
The consultant may provide services to the City for the Construction Management of the New Fire Station No. 4 Project including, but not limited to, the following:
• Provide consulting and professional services for the selection of a preferred construction delivery method.
• Provide consulting and professional services for the planning of the preferred building design (including an EOC) and needs assessment.
• Provide professional services during the bid process for the selection of an architectural engineering firm that will perform the Plans, Specifications, and Cost Estimate for the design of the new fire stations.
• Offer technical support to the architectural engineer during the plan design phase for the station.
• Provide professional services during the bid process for the selection of a building contractor.
• Provide project records software which is accessible to the contractor and City staff. • Provide field inspections during construction and coordinate field compaction and strength testing.
• Provide QSP/QSD support for the project.
• Facilitate weekly construction meetings with the City and contractor. • Coordinate with the City's Engineering Division and Fire Department for presentations and/or recommendations to City administration, staff, and/or City Council in relation to the project.
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EXHIBITB
WAVOS.30.2023 14
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Conatructlon Maaagement, Inc.
November 9, 2023
Mr. Jose Lemus
Interim Public Work Director
City of Los Banos
411 Madison Avenue
Los Banos, CA 93635
RE: City of Los Banos - New Fire Station No. 4 Project
Pre-Design Services, Phase 1
Dear Mr. Lemus:
2444 Main Street, Suite 130
Fresno, CA 93721
T 559-496-0536
F 559-860-0173
www.lltlnir.com
Vanir CM respectfully offers the following scope of services and fee proposal to provide pre-design phase ( only) project management services to the City of Los Banos - New Fire Station No. 4 Project.
Scope of Services
The scope of services outlined below includes a list of tasks that Vanir can perform within the timeline provided. This Proposal is based on Vanir starting in the Pre-Design phase (Phase 1 J November 2023 with the Design Phase (Phase 2 J and the Construction Phase (Phase 3) start and duration to be determined in the Pre-Design Phase. Therefore, a separate proposal will be provided for the Design (Phases 2/3) & Construction Phase services.
Pre-Design Phase Services (~ 11 weeks)
The Pre-Design Phase will include a kick-off meeting to pe,form the Needs Assessment, discuss schedule and understand the City's budget.
Task #1 - Cost Management: Effective cost management begins with the establishment of a realistic budget. The City's project budget will be verified from our initial conceptual cost estimates which will contain sufficient detail to track changes as the design progresses. Given the City is wanting to determine the appropriate project delivery method for the project, the City has requested separate conceptual construction cost estimates utilizing the following criteria:
o Traditional Building using the Design-Bid-Build Delivery Method o Traditional Building using the Design-Build Delivery Method o Modular Building using the Design-Build Delivery Method (for Modular Building) • In this scenario, the project to be broken into two Bid Packages, one for the modular building and one for the site work.
Throughout the entire design process Vanir will be focused on Value Engineering the design. We will be continuously evaluating the impact of the decisions being made by the project team from a Al'izono / California / Colorado / Illinois / Loui5iana / Ne.-ada / New York / Oregon / Texas/ Virgin io / Washington Saudi Arabia / United Arab Emirates
107
cost perspective. This will include not only looking at initial cost but evaluating the overall lifecyc]e cost. At any time during the design, specific cost estimates can be prepared to evaluate the cost impact of pending decisions, thereby maintaining confidence that the project will bid at or under budget.
Task #2- Project Delivery Method Evaluation: One of our major responsibilities as a project CM is to advise the Owner on the right delivery method for the City's specific project. To do so, we need a clear understanding of the types of delivery methods available; be aware of any area restrictions and Owner constraints; and be familiar with what local resources can support. Vanir will refrain from injecting our own preferred method and will remain delivery system neutral when presenting the alternatives.
The major criteria that will be considered in the selection of a delivery method are:
• Legal requirements.
• Project costs.
• Project type.
• Scheduling needs.
• Ability of local design & construction industry to respond to chosen alternatives. • Industry input.
• Owner's required or desired level of design input.
• Owner's preference.
The two prominent delivery methods used today are Design-Bid-Build and Design-Build. There are other delivery methods such as progressive design build that has recently been written into law. In the end, the Owner, their project needs, project costs, funding and regulatory restrictions will guide the discussion for selection of the right delivery method for the City's project.
Task #3 - Schedule Management: One of our initial tasks will be to develop a master schedule showing all the summary tasks that are required during the life of the project once a delivery method is selected. This master schedule becomes the major reporting vehicle throughout the life of the project. Detailed task information is added during the various stages of design, and construction. Progress of each phase and its activities are monitored continually and reported regularly to the project team.
Vanir has developed stringent schedule specifications for inclusion in the contract documents which are tailored to meet the specific needs of California construction projects. These schedule specifications require the contractor to provide a schedule containing cost loading, manpower loading ( or other time verification measures) and sufficient detail to accurately monitor the progress of construction. These requirements form the basis for sound time management as well as cost/budget control during construction and provide the "teeth" to enforce schedule compliance during construction.
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108
• Task #4 -Assist the City with Funding Opportunities & Cash Flow Analvsis rAs needed):
o Review the USDA Rural Funding requirements
o Review California Block Grant requirements
o Prepare Cash Flow Schedule.
■ Prepare cash flow projection schedule for loan requests. • Prepare monthly schedule as needed.
■ Task #5 -Architectural Proeramming: The success of the project will be based on establishing clear goals and direction for design and construction of the Project. That direction is dependent on sound architectural programming that reflects the operational and programmatic goals of the City and the Fire Department. Our approach will include two (2) basic activities as required:
o Needs Assessment: The needs assessment will include review of projected facility size, support spaces and facility configuration.
o Architectural Space Program Validation: This activity will explore your intended approach to the operations and service programs of the facilities. The information gained will help finalize space requirements, adjacencies and operational flows. It will include analysis of codes including Title 15, 19 & 24 requirements, staffing, operations and project timeline.
Scope of Services Timeline
.P
Pre-Design Phase (Phase 1) Thurs 11/9/23
End of Scope & Schedule - Fee Next Page
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FEE PROPOSAL: Project Costlfimeline
%ofT«al Scheclllle Pnject .... llateSenieel ea Pl'oJeet Cost Dllradons ss.000.000 Pre-Design Phase Task Nos. 1 - 5: $33,935 11 weeks
Reimbursable Expenses $1,500
Subtotal $35,435 0.71%
Total $35,435 0.71%
Our services will be delivered and billed on a Percentage, Lump Sum basis.
We look forward to a successful project and continuing to build a great and strong working relationship with the City of Los Banos and the project team. Thanks again for the opportunity and as always, please call with any questions.
Sincerely,
V ANIR CONSTRUCTION MANAGEMENT, INC.
Scott Murphy, CCM
Deputy Area Manager
Cc: Jerry Avalos, Area Manager - Principal-in-Charge, V anir CM Page4of4
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Account Number
322-422-100-720
City of Los Banos
Emergency Operations Center
2023-2024
2020-2021 2021-2022
Description Actual Actual
Building & Structures 0 0
Capital Outlay 0 0
Total Emergency Operations Center $0 $0
173
2022-2023 2023-2024
Estimated Adopted
0 250,000
0 250,000
$0 $250,000
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STONECREEK PROPERTIES
PROPOSED OTY OF LOS
. BANOS FIRE STATION SITT
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TO:
FROM:
DATE:
LOsBanos
.At the Crossroads of California
Agenda Staff Report
Mayor Llanez and City Council Members
Stacy Souza Elms, Community and Economic Development Directo~ December 6, 2023
TYPE OF REPORT: Public Hearing
SUBJECT: Consideration of Conditional Use Permit #2023-09 to Allow the On-Sale of Beer and Wine Under a Type 41 Alcohol License for Biggins Texas BBQ Located at 609 I Street
Recommendation:
That the City Council adopt a Resolution approving a CEQA Exemption and approve Conditional Use Permit #2023-09 to allow the on-sale of alcohol under a Type 41 alcohol license located at 609 I Street for Biggs Texas BBQ.
Background:
On November 8, 2023 the Los Banos Planning Commission held a public hearing to review Conditional Use Permit #2023-09 for the use of a Type 41 alcohol license for the on-sale of beer and wine in conjunction with an eating establishment. At the public hearing, the Planning Commission considered the application, including the staff report, presentation by staff, and public comment. As the recommending body, the Planning Commission recommended approval of Conditional Use Permit #2023-09 to the Los Banos City Council.
Biggins Texas BBQ was previously located at 639 Ninth Street and operated with a Type 41 on-sale beer and wine alcohol license. Conditional Use Permits run with the land and are non-transferable from property to property; therefore, a new Conditional Use Permit is necessary to obtain a Type 41 alcohol license at the new location of 609 I Street. 1 115
Discussion:
The applicant, Kenneth Lamber, OBA: Biggins Texas BBQ, has requested a Conditional Use Permit to allow the on-sale of beer and wine subject to a Type 41 alcohol license in conjunction with a bona fide public eating place (casual restaurant) located at 6091 Street.
The business operates Wednesday through Sunday from 11 :00 AM. until 8:00 P.M. The property is located within the Mixed-Use Zoning District (M-X). A restaurant is an allowed use and consistent with the Los Banos Municipal Code Title 9 Chapter 3 Article 9 MixedUse Zoning District and the Los Banos General Plan LOCATION AND ACCESS:
The project site is located at 609 I St., Assessor's Parcel Number: 025-231-019. The project site is located within the Mixed-Use Zoning District (M-X) and consists of various mixed-use uses. The project site can be accessed only from I St.
LAND USE:
Property
Project site
North
South
East
West
M-X = Mixed-Use
Land Use
Mixed-Use
Mixed-Use
Mixed-Use
Mixed-Use
Mixed-Use
2 Zone
M-X
M-X
M-X
M-X
M-X
General Plan
M-X
M-X
M-X
M-X
M-X
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ENVIRONMENTAL ASSESSMENT:
Pursuant to the California Environmental Quality Act (CEQA) and the City of Los Banos Environmental Quality Guidelines, it has been determined that this project is found to be categorically exempt from the provisions of CEQA - Article 19, Section 15301, Existing Facilities. The applicant's request for the on-sale of beer and wine involves the permitting and licensing of an existing private structure and does not include any expansion at 609 I Street.
USE PERMIT ANALYSIS
Code Requirements
Pursuant to the Los Banos Municipal Code Section 9-3.2322, a Conditional Use Permit is required for any establishment dispensing for sale or other consideration alcoholic beverages, including beer and wine, for on-sale or off-sale. The Planning Commission is the recommending body and the City Council is the decision-making body for Conditional Use Permits for the on-sale and off-sale of alcoholic beverages. A Conditional Use Permit may be granted if the proposed use is conforming to the following criteria:
General Use Permit Criteria:
1. That the proposed use and project is consistent with the City of Los Banos General Plan, and Los Banos Municipal Code;
2. That the proposed use or project will not be a nuisance or detrimental to the public health, safety, morals, comfort, and general welfare of the persons residing or working in the neighborhood of such proposed use;
3. That the proposed use is compatible with the adjacent uses, properties and neighborhoods and will not be detrimental or injurious to property and improvement in the neighborhood or to the general welfare of the City.
Specific On-Sale and Off-Sale Alcoholic Beverages Criteria:
1. That the proposal will not contribute to undue proliferation of such uses in an area where additional ones would be undesirable with consideration given to the area's function and character, problems of crime and loitering, and traffic problems and capacity;
2. That the proposal will not adversely affect adjacent or nearby churches, temples, or synagogues; public, parochial, or private elementary, junior high, or high schools; public parks or recreation centers; or public or parochial playgrounds;
3. That the proposal will not interfere with the movement of people along an important pedestrian street; and
4. That where the proposed use is in close proximity to residential uses, and especially to bedroom windows, the use will be limited in hours of operation, or designed operated so as to avoid the disruption of residents' sleep between the hours of 10:00 p.m. and 7:00 a.m.
Staff has evaluated the proposal pursuant to the above criteria set forth in the Municipal Code and offers the following observations:
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1. The primary use will be a restaurant (dine-in).
2. The surrounding area, adjacent uses, and function are primarily mixed-use in nature. A restaurant with the on-sale of beer and wine in this location is consistent with the Mixed-Use Zoning District.
3. Staff is unaware of any significant problems related to crime and loitering, in the surrounding area which would be exacerbated by the on-sale of beer and wine at this location.
4. The approval of the sale of beer and wine for on-site consumption will not contribute to the undue proliferation of alcohol sales in the area where that use would be undesirable taking into account the characteristics of the area.
Additionally, the entitlement will include conditions of approval which will regulate the operational characteristics of allowing the sale of beer and wine and are intended to preserve the public health, safety, or welfare of persons and property in the vicinity including crime prevention and loitering.
5. The proposed use is located approximately within 510 feet of a place of worship and daycare facility. The project will include conditions of approval which regulate the operational characteristics of allowing the sale of beer and wine for on-site consumption and are intended to preserve the public health, safety, and welfare of persons and property in the vicinity and therefore will not have any adverse effect to the place of worship.
6. The project is located on I Street which is primarily occupied by mixed-use residential/commercial uses. Conditions of approval will regulate loitering and operational characteristics to ensure that the proposal will not interfere with the movement of people along the public right-of-way.
7. There are residential units within proximity of the project site. The project site is located in the Mixed-Use Zoning District and surrounded by existing commercial uses and will not directly impact the nearby residential uses. The project will include conditions of approval which regulate the operational characteristics of allowing the sale of beer and wine for on-site consumption and are intended to preserve the public health, safety, and welfare of persons and property in the vicinity. Therefore, the proposed use will not disrupt sleeping activities to the neighboring residences.
All sales of alcohol will be conducted within the restaurant and must be consumed on the premises. In addition, the project will be subject to conditions which will mitigate any adverse effects on the surrounding neighborhood and are intended to preserve the public health, safety, and welfare of persons and property in the vicinity. The restaurant, Biggins Texas BBQ, will also be subject to the Los Banos Municipal Code Noise Ordinance. 4 118
Alcoholic Beverage Control
The Alcoholic Beverage Control Board (ABC) is the issuing authority for a Type 41 alcohol license. The City's authority for the sale of alcohol is through its land use powers embodied within the Los Banos Zoning Code.
ABC has the authority according to Section 23801 of the Business and Professions Code to exercise certain conditions under the license, the personal qualifications of the licensee, the conduct of the business or the condition of the premises, which will protect the public welfare and morals, including, but not limited to, the following:
a) Restrictions as to hours of sale
b) Display of signs
c) Employment of designated persons
d) Types and strengths of alcoholic beverages to be served where such types or strengths are otherwise limited by law
e) The portion of the privileges to be exercised under the license f) The personal conduct of the licensee
ABC may also refuse to issue a license to any person who has violated the Alcoholic Beverage Control Act, has a disqualifying criminal record, or is otherwise disqualified.
Census Tract
The project site is located in census tract 22.01
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License
Type Business Name Address
41 Jesus's Restaurant 631 H St., Ste. A
41 Me N Ed's Pizzeria 846 W. Pacheco Blvd.
41 6th St. Diner 925 Sixth St.
41 Tacos El Grullense, Jal. 1024 E. Pacheco Blvd.
47 M & M Italian Restaurant 400 Pacheco Blvd.
41 Little Diamond's Pizza 933 Sixth St., Ste. B
41 La Pupusa Loca y Antoiitos Mexicanos Restaurant 651 I St. 47 Wool Growers Restaurant 609 H St.
41 Delicia 's Las Palmas Taqueria y Mariscos 502 E. Pacheco Blvd. 41 Las Delicias Restaurant 650 I St.
41 Carnitas El Baiio 455 H St.
47 The Roundup Sports Bar 830 I St.
Type 41 license= on-sale beer and wine Type 47 license= on-sale general alcohol PUBLIC COMMENT:
A public hearing notice was published in the Westside Express and notices were provided to adjacent property owners within a 300-foot radius of the subject property on Wednesday, November 22, 2023. As of the date of this staff report, no comments have been received.
Reviewed by:
1. Resolution
Exhibit A - CEQA Findings
Exhibit B - Project Findings
Exhibit C - Conditions of Approval
2. Floor Plan
3. Site Photos
4. Public Hearing Notice - November 22, 2023
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RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS FINDING THE PROPOSED
PROJECT TO BE CATEGORICALLY EXEMPT
FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT PURSUANT TO SECTION 15301,
EXISTING FACILITIES AND APPROVING
CONDITIONAL USE PERMIT #2023-09 TO ALLOW
FOR THE ON-SALE OF BEER AND WINE UNDER
A TYPE 41 ALCOHOL LICENSE AT 6091 STREET;
MORE SPECIFICALLY IDENTIFIED AS
ASSESSOR'S PARCEL NUMBER: 025-231-019
WHEREAS, the applicant, Kenneth Lambert, dba Biggins Texas BBQ, has requested that the City of Los Banos consider a Conditional Use Permit to allow the use of a Type 41 alcohol license for the on-sale of beer and wine in conjunction with a bonafide public eating place located at 609 I Street, Assessor's Parcel Number: 025-231-019; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA) and the City of Los Banos Environmental Quality Guidelines, Conditional Use Permit #2023-09 for Biggins Texas BBQ was determined to be categorically exempt from the provisions of CEQA per Article 19, Section 15301 Existing Facilities as the project site is an existing facility and will not be expanding their existing floor print; and WHEREAS, the Los Banos Planning Commission held a public hearing on November 8, 2023, for the purpose of considering Conditional Use Permit #2023-09 and at the completion of the public hearing, duly considered the evidence presented and recommended approval of Conditional Use Permit #2023-09 to the Los Banos City Council; and
WHEREAS, a public hearing notice was published in the Westside Express on November 22, 2023, and notices were mailed to property owners within a 300-foot radius of the project site as required by the Los Banos Municipal Code and California Government Code Section 65091; and
WHEREAS, the Los Banos City Council has held a duly noticed public hearing on Wednesday, December 6, 2023, reviewed said Conditional Use Permit request and staff report, has studied the compatibility of the applicant's request with adjacent land uses and has considered this request in conformance with the Conditional Use Permit criteria established in Section 9-3.2322 of the Los Banos Municipal Code; and 121
WHEREAS, the request/proposed use satisfies the criteria of the Los Banos Municipal Code.
BASED UPON THE EVIDENCE PRESENTED AT THE PUBLIC HEARING, the Planning Commission of the City of Los Banos hereby makes the appropriate findings set forth in Exhibit A (California Environmental Quality Act (CEQA) Findings), and Exhibit B (Findings for Approval), attached hereto and incorporated herein by this reference.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby affirm the determination that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 Existing Facilities and approves Conditional Use Permit #2023-09 to allow the on-sale of beer and wine in conjunction with a bona-fide public eating place, Type 41, located at 609 I Street; more specifically identified as Assessor's Parcel Number: 025-231-019, subject to the Conditions of Approval set forth in Exhibit C, attached hereto and incorporated herein by this reference.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 6th day of December 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
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EXHIBIT A
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS FOR CONDITIONAL USE PERMIT #2023- 09 - BIGGINS TEXAS BBQ
Pursuant to the requirements of California Public Resources Code Section 21000 et seq. ("CEQA") and Title 14, California Code of Regulations Section 15000 et seq. (the "CEQA Guidelines"), the City as Lead Agency under CEQA adopts the following findings required by CEQA, along with the facts and evidence upon which each finding is based.
The City of Los Banos City Council hereby finds as follows:
1. Pursuant to CEQA, the CEQA Guidelines, and the City of Los Banos Environmental Quality Guidelines, Conditional Use Permit #2023-09 was evaluated and determined to be categorically exempt per Article 19, Section 15301 as the request for the on-sale of beer & wine involves the permitting and licensing of an existing private structure and involves no expansion at 609 I Street.
2. Conditional Use Permit #2023-09 was adequately noticed on Wednesday, November 22, 2023, for consideration at a public meeting on Wednesday, December 6, 2023.
3. No further environmental documentation is required as the Conditional Use Permit was contemplated and adequately analyzed in the initial review.
4. Prior to considering the proposed Project, the City Council considered the Categorical Exemption.
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EXHIBIT B
FINDINGS FOR APPROVAL FOR CONDITIONAL USE PERMIT #2023-09 - BIGGINS
TEXAS BBQ
The City of Los Banos City Council hereby finds as follows:
1. General Findings:
a. The project is consistent with the City of Los Banos General Plan. a. The General Plan land use designation for the project site is Mixed-Use, which is intended for mixed-use development in Downtown Los Banos, and allows for a mixture of commercial, office, institutional, public/semi public, and residential uses.
The following specific General Plan Goals, Objectives, and Policies are applicable to the proposed project:
ECONOMIC DEVELOPMENT GOAL ED-2:
Seek and promote particular businesses or development projects that provide needed local goods, services, employment, or those that enhance the city's physical and social well-being and quality of life.
LAND USE GOAL LU-5:
Provide residents with excellent employment and shopping opportunities.
LAND USE GOAL LU-6:
Develop a vibrant, mixed-use Downtown that is the pride of the community.
Evidence/Analysis: Kenneth Lambert d.b.a. Biggins Texas BBQ will have the ability to provide a wider range of service for customers and allows the restaurant to compete with similar type businesses. The proposed use would continue a mixed-use use that is compatible with and complementary of existing mixed-use uses adjacent to the project site. In addition, the project would also be consistent with General Plan land use policies as set forth above.
b. The zoning designation for the project site is Mixed-Use (M-X). The purpose of this district is to allow shops on multiple levels, with the first floor primarily retail, with retail, office, residential and other non-retail uses permitted on upper levels. Uses are advocated which foster retail development, with associated residential thereby enhancing the district as a pedestrian oriented shopping area.
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Evidence/Analysis: The proposed use complies with the Los Banos Municipal Code Title 9, Chapter 3, Article 9 as the use will be consistent with the surrounding area, adjacent uses, and function are primarily mixeduse in nature. A restaurant providing for the on-sale of beer & wine is permitted in this location.
2. That the proposed use or project will not be a nuisance or detrimental to the public health, safety, morals, comfort, and general welfare of the persons residing or working in the neighborhood of such proposed use.
Evidence/Analysis: The on-sale of beer & wine will be conducted in accordance with ABC regulations; therefore, will not be a nuisance or detrimental to the neighborhood in which the store is located. The project contains conditions of approval which regulate the operational characteristics of allowing the serving of alcohol and are intended to preserve the public health, safety, or welfare of persons and property in the vicinity.
3. That the proposed use is compatible with the adjacent uses, properties, and neighborhoods and will not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City.
Evidence/Analysis: The proposed use will be conducted in the Mixed-Use Zoning District and will not result in significant operational changes to the existing mixeduse area. The area's function and character are Mixed-Use, which includes uses that sell alcohol for on-site consumption. The project would include conditions of approval which regulate the operational characteristics of allowing the serving of alcohol and are intended to preserve the public health, safety, or welfare of persons and property in the vicinity.
2. Specific Findings
1. That the proposal will not contribute to undue proliferation of such uses in an area where additional ones would be undesirable with consideration given to the area's function and character, problems of crime and loitering, and traffic problems and capacity.
Evidence/Analysis: The primary use in conjunction with the proposed selling of beer & wine for on-site consumption is a restaurant. As reflected in the staff report, the number of on-sale licenses in the Census Tract is currently twelve (12). This proposal will increase the amount of active on-sale licenses to thirteen ( 13 ). The census tract area and function are primarily mixed-use in nature, and is entirely consistent with a restaurant and the sale of beer & wine for on-site consumption.
The proposed on-sale of beer & wine is complementary to the restaurant use that is compatible with and complementary of existing mixed-use uses in the area. The project would include conditions of approval which regulate the operational characteristics of allowing the selling of beer & wine for on-site consumption and 5 125
are intended to preserve the public health, safety, or welfare of persons and property in the vicinity including crime prevention and loitering. Staff is unaware of any significant problems in the area related to crime and loitering, which would be negatively affected by the on-sale of beer & wine at this location.
2. That the proposal will not adversely affect adjacent or nearby churches, temples, or synagogues; public, parochial, or private elementary, junior high, or high schools; public parks or recreation centers; or public or parochial playgrounds.
Evidence/Analysis: Conditions of Approval have been incorporated into the project which regulate the operational characteristics of allowing the selling of beer & wine for on-site consumption and are intended to preserve the public health, safety, or welfare of persons and property in the vicinity. The project is not located within the immediate vicinity of a place of worship conditions of approval have been incorporated into the project approval to mitigate any potential adverse effect.
3. That the proposal will not interfere with the movement of people along an important pedestrian street.
Evidence/Analysis: Alcohol will not be allowed to be consumed beyond the premises of the restaurant at any time and it is not anticipated that persons will congregate on sidewalks or streets as a result of the proposed use. Signage will also be provided on the property and building which prohibit loitering. It is not anticipated that the on-sale of beer & wine at this location will adversely affect any important pedestrian right of ways.
4. That where the proposed use is in close proximity to residential uses, and especially to bedroom windows, the use will be limited in hours of operation, or designed operated so as to avoid the disruption of residents' sleep between the hours of 10:00 p.m. and 7:00 a.m.
Evidence/Analysis: There are residential uses within the proximity of the project site. The project site is located in an existing mixed-use development and surrounded by existing mixed-use uses. However, the project will not directly impact the existing residential uses as the project will include conditions of approval which regulate the operational characteristics of allowing the sale of beer & wine for on-site consumption and are intended to preserve the public health, safety, and welfare of persons and property in the vicinity. Therefore, the proposed use will not disrupt sleeping activities to the neighboring residences. 6 126
EXHIBITC
CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT #2023-09-
BIGGINS TEXAS BBQ
1. The following conditions of approval shall apply to and be applicable to the applicant, property owner, and/or operator. Reference to applicant, property owner, and/or operator shall be interpreted to include all.
2. Conditional Use Permit #2023-09 is for Kenneth Lambert d.b.a. Biggins Texas BBQ located at 609 I St., Assessor's Parcel Number: 025-231-019, and the requested use shall automatically and without notice expire after one (1) year from date of approval by the Los Banos City Council unless commenced. The City for cause may revoke this Conditional Use Permit. Any expansion, intensification, or significant change to the primary use and the uses approved under this Conditional Use Permit shall be permitted only upon modification of this Conditional Use Permit or approval of a separate Conditional Use Permit application. The Conditional Use Permit shall automatically and without notice expire one year after discontinuance of the primary use and/or the uses approved under the Conditional Use Permit.
3. The applicant/operator shall comply with all other requirements, laws and policies of other governmental agencies in the conduct and operation of said business.
4. The applicant/operator shall obtain and maintain an active Type 47 on-sale of beer & wine in conjunction with a bona-fide eating place license as defined by the Department of Alcoholic Beverage Control and shall provide a copy of said license upon issuance by the Alcoholic Beverage Control to the Community and Economic Development Department prior to the sale of alcohol on the premises.
5. A copy of these Conditions of Approval and the California Department of Alcoholic Beverage Control license are required to be kept on the premises and presented to any law enforcement officer or authorized City official upon request.
6. The applicant/operator shall be responsible for maintaining the exterior of the premises free of litter and trash at all times including the parking lot areas in front of the premises. No storage of equipment, supplies, or merchandise of any kind shall be allowed in the front or rear exterior of the building. All deliveries shall be made from the rear of the building.
7. The Planning Commission reserves the right to review and/or revoke this permit should the applicant not adhere to the Conditions of Approval. The City may amend or impose new conditions to mitigate adverse effects in the neighborhood resulting from the use of alcohol on the premises.
7 127
8. The applicant/operator agrees to indemnify, hold harmless, and defend the City of Los Banos, its officers, agents and employees from any and all liability or claims that may be brought against the City of Los Banos arising out of its approval of this permit, or the environmental determination rendered in connection with the permit approval, or arising out of the operation of the use or uses allowed under the permit, save and except that caused solely by the City's active negligence.
9. The exterior of the premises, including parking lot area, shall be sufficiently illuminated, to the satisfaction of the Police Chief, during all hours of darkness when the premises are open for business in a manner so that persons accessing those areas at night are identifiable by law enforcement personnel.
10. The premises shall be operated primarily as a restaurant as described in the application prepared by the applicant and filed with the Community and Economic Development Department. Any substantial or significant changes in use or operation of the premises from the Operational Statement may cause a review, amendment or revocation of the Conditional Use Permit. The applicant shall notify the Community and Economic Development Department of any substantial or significant changes in use or operation of the premises from the Operational Statement.
11. The use of the premises of the subject site shall be consistent with the Conditions of Approval and shall not be operated in a manner that deviates from the approved Conditional Use Permit filed application and operational statement, which shall constitute a violation and may result in the revocation or modification of the permit upon written notice to the owner of the subject site.
12. Authorization of a Conditional Use Permit granted pursuant to the provisions of Section 9-3.2322 of the Los Banos Municipal Code continue to be valid upon change of ownership of the site or structure which was the subject of the Conditional Use Permit application provided the use shall be subject to all provisions of the Municipal Code and all conditions placed on approval of the Conditional Use Permit are continually met. The applicant shall immediately notify the Community and Economic Development Department of any changes in ownership.
13. This Conditional Use Permit shall be subject to revocation by the Community and Economic Development Director or the Planning Commission upon a finding that:
a. Conditions of approval have not been fulfilled;
b. A significant change or intensification of the approved use; c. The use has resulted in a nuisance or detriment to the public health, safety, morals, comfort, and general welfare of the persons residing or working in the neighborhood or is detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City.
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14. Consumption of alcohol shall only be allowed on the premises of the restaurant.
Outdoor patio consumption of alcohol shall only be permitted with a barrier between the public right -of-way and restaurant patrons to be approved by the Community & Economic Development Director.
15. No loud amplification of music or voice shall be allowed outside.
16. The applicant/operator shall have monitoring cameras in the exterior and interior of the restaurant at all times to the satisfaction and approval of the Police Chief. The applicant shall always maintain the surveillance equipment in working order and keep the video recordings for 30 days to be made available to law enforcement upon request.
17. The premises shall be operated in accordance with the Los Banos Municipal Code Noise Ordinance.
18. The applicant shall acknowledge and execute receipt of a copy of the foregoing Conditions of Approval.
19. The applicant/operator shall provide signs prohibiting loitering on the property and/or building subject to the approval of the Community and Economic Development Director.
20. This approval is conditioned upon and shall be effective upon payment in full of all outstanding invoices pursuant to the Cost Recovery Contract. 9 129
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LOsBanos
At the Crossroads of California
COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT
Date: November 22, 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 City Council to consider Conditional Use Permit #2023-09 and a Categorical Exemption from the California Environmental Quality Act (CEQA) pursuant to Section 15301, Existing Facilities, to allow the use of a Type 41 Alcohol License for the on-sale of Beer & 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.
The Los Banos Planning Commission held a public hearing on Wednesday, November 8, 2023, for the purpose of considering the above mentioned project. At the completion of the public comment, the Planning Commission recommended approval of Conditional Use Permit #2023-09 to the Los Banos City Council.
A PUBLIC HEARING on this matter will be held at the next scheduled meeting of the Los Banos City Council on Wednesday, December 6, 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 Stacy Souza Elms, Community and Economic Development Director, at City Hall or at (209) 827-2433.
All persons are invited to be present at the public hearing. Written and oral testimony is invited. Notice is hereby further given that if you challenge the above described Project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this Notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing.
Additional information may be obtained from 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 48 hours prior to the public hearing will enable the City to make reasonable arrangements to allow participation at this hearing
THE CITY OF LOS BANOS
Stacy Souza Elms
Community and Economic Development Director
137
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LOsBanos
t the ,os~ r c,d ,f al~(<n nia
COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT
Date: December 1 , 2023
Regarding: Notice of Public Hearing
Proposal: Conditional Use Permit #2023-12 - Fabrication Use (Welding) NOTICE IS HEREBY GIVEN THAT a Public Hearing will be held by the Los Banos Planning Commission to consider a Categorical Exemption from the California Environmental Quality Act (CEQA) and a Conditional Use Permit #2023-12 to allow the use and operation of a fabrication (metal welding) for Lartech. The subject property is located in the Highway Commercial Zoning District at 1235 E St., more specifically identified as Assessor's Parcel Number:
025-142-017.
A PUBLIC HEARING on this matter will be held at the next scheduled meeting of the Los Banos Planning Commission on Wednesday, December 13, 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
THE CITY OF LOS BANOS
Rudy Luquin
Associate Planner
138
LOsBanos
I rl, Cro~sroad~ oJ difo1 nia
COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT
Date: December 1, 2023
Regarding: Notice of Public Hearing
Proposal: Vesting Tentative Parcel Map #2023-03 - Minor Subdivision Chateaux at The Villas
NOTICE IS HEREBY GIVEN THAT a Public Hearing will be held by the Los Banos Planning Commission to consider a Categorical Exemption from the California Environmental Quality Act (CEQA) and Vesting Tentative Parcel Map #2023-03 to allow the minor subdivision of a 1.08 acre parcel into four parcels and a remainder parcel for Chateaux at The Villas. The subject property is located in the Low Density Residential Zoning District, east of Center Ave., more specifically identified as Assessor's Parcel Number: 431-270-015.
A PUBLIC HEARING on this matter will be held at the next scheduled meeting of the Los Banos Planning Commission on Wednesday, December 13, 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
THE CITY OF LOS BANOS
Rudy Luquin
Associate Planner
139
LOsBanos
t thr Crossroads oJ Calffornia
COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT
Date: December 1, 2023
Regarding: Notice of Public Hearing
Proposal: Conditional Use Permit #2023-12 - Fabrication Use (Welding) NOTICE IS HEREBY GIVEN THAT a Public Hearing will be held by the Los Banos Planning Commission to consider a Categorical Exemption from the California Environmental Quality Act (CEQA) and a Conditional Use Permit #2023-12 to allow the use and operation of a fabrication (metal welding) for Lartech. The subject property is located in the Highway Commercial Zoning District at 1235 E St., more specifically identified as Assessor's Parcel Number:
025-142-017.
A PUBLIC HEARING on this matter will be held at the next scheduled meeting of the Los Banos Planning Commission on Wednesday, December 13, 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 Rudy ~,i..,..._~ -----
Associate Planner
140
LOs Banos
At hr Crossroads c1 Cal!fornia
COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT
Date: December 1, 2023
Regarding: Notice of Public Hearing
Proposal: Vesting Tentative Parcel Map #2023-03 - Minor Subdivision Chateaux at The Villas
NOTICE IS HEREBY GIVEN THAT a Public Hearing will be held by the Los Banos Planning Commission to consider a Categorical Exemption from the California Environmental Quality Act (CEQA) and Vesting Tentative Parcel Map #2023-03 to allow the minor subdivision of a 1.08 acre parcel into four parcels and a remainder parcel for Chateaux at The Villas. The subject property is located in the Low Density Residential Zoning District, east of Center Ave., more specifically identified as Assessor's Parcel Number: 431-270-015.
A PUBLIC HEARING on this matter will be held at the next scheduled meeting of the Los Banos Planning Commission on Wednesday, December 13, 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 141