LOsBanos
At the Crossroads of California
www.losbanos.org
AGENDA
CITY COUNCIL MEETING
CITY HALL COUNCIL CHAMBERS
520 J Street
Los Banos, California
FEBRUARY 21, 2024 - 6:00 PM
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.................................... ................................ https://www.youtube.com/@losbanos406 ..................... .......................................... 1 If you require special assistance to attend or participate in this meeting, please call the City Clerk's Office@ (209) 827-7000 at least 48 hours prior to the meeting.
The City of Los Banos complies with the Americans with Disabilities Act (ADA) of 1990. * * * * * * * ** * * * * * * *
Si requiere asistencia especial para atender o participar en esta junta por favor /lame a la oficina de la Secretaria de la ciudad al (209) 827-7000 a lo menos de 48 horas previas de la junta.
La Cuidad de Los Banos cumple con la Acta de Americanos con Deshabilidad (ADA) de 1990. ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••··•••••••••••••••• •••••·•·•·•••••••••••••••••••••••••••••••••••••••••••••••••••··•·······•·····•· Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the meeting and in the City Clerk's office located at City Hall, 520 J Street, Los Banos, California during normal business hours. In addition, such writings and documents may be posted on the City's website at www.losbanos.org.
* * * * * * * * * * * * * * * *
Cua/quier escritura o /os documentos proporcionaron a una mayoria de/ Ayuntamiento respecto a cualquier articulo en este orden de/ dia sera hecho disponible para la inspecci6n publica en la reunion yen la oficina de la Secretaria de la ciudad en City Hall, 520 J Street, Los Banos,
California durante horas de oficina normales. Ademas, tales escrituras y los documentos pueden ser anunciados en el website de la ciudad en www.losbanos.org.
Please note: The Brown Ad provides the pubffc with an opportunity to make pubffc 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 lhe City Clerk at City Hall, 520 J Street three (3) hours prior to the scheduled time of lhe 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 f>_Q tb_~ Qty'~ web$i!~ ~t the follovyir19Jink: https://losbanos.org/category/city-council/ Los Banos City Council Agenda- February 21, 2024 Page 1 of 5 1 1. CALL TO ORDER- February 21, 2024 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 - De La Torre Properties for Being Named the 2023 Recycler of the Year by Mid Valley Disposal.
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 #243181 - #243776 in the Amount of $1,490,249.67.
Recommendation: Approve the check register as submitted.
B. Minutes for the February 7, 2024 City Council Meeting.
Recommendation: Approve the minutes as submitted.
C. City Council Resolution No. 6732 - Approving Payment of the Invoice/Claim Filed by the Central California Irrigation District (CCID) for $65,401.98 Related to the Cresthills Sewer Spill.
Recommendation: Adopt the resolution as submitted.
D. City Council Resolution No. 6733 - Authorizing the Application and Acceptance of San Joaquin Valley Air Pollution Control District Public Benefit Grant Programs Funds for the Purchase of Five (5) Hybrid Vehicles.
Recommendation: Adopt the resolution as submitted.
Los Banos City Council Agenda- February 21, 2024 Page 2 of 5 2 E. City Council Resolution No. 6734 - Approving a Boundary Map and Declaring Its Intention to Annex Property to the City of Los Banos Community Facilities District No. 2002-01 (Public Safety Services) and to Levy a Special Tax Therein to Finance Certain Public Safety Services for Such Community Facilities District (Quail Meadows - Villages at Stonecreek V: Vesting Tentative Tract Map #2021-01 Located in the Southwestern Portion of the City and is Generally Located South of W. Pacheco Boulevard, West of Dock Avenue and East of the City Limit Line.
Recommendation: Adopt the resolution as submitted.
F. City Council Resolution No. 6735 - Authorizing the City Manager to Execute the Contract with BMY Construction Group, Inc. for the Phase One Construction of the Animal Shelter Building in the Amount of $902,102 and Authorizing a Project Contingency of $90,210.20.
Recommendation: Adopt the resolution as submitted.
G. City Council Resolution No. 6736 - Approving the Acceptance of a State of California Tobacco Grant, Administered Through the County of Merced, in the Amount of $273,150 and Amending the 2023-2024 Fiscal Year Budget by Increasing the Appropriation Amount for Expenditures and Revenues in the Amount of $273,150.
Recommendation: Adopt the resolution as submitted.
H. City Council Resolution No. 6737 - Authorizing the City Manager to Execute an Agreement Between the City of Los Banos and PARC Environmental for Asbestos and Lead Abatement Services at 535 J Street (Police Annex) in the Amount of $163,440.
Recommendation: Adopt the resolution as submitted.
8. PUBLIC HEARING. (If you challenge the proposed action as described herein in court, you may be limited to raising only those issues you or someone else raised at the public hearing described herein or in written correspondence delivered to the City at, or prior to, the public hearing.)
A. Public Hearing - To Receive Public Comment and Consideration of a Categorical Exemption from the California Environmental Quality Act (CEQA) and Conditional Use Permit #2023-07 to Allow the Use of Type 41 Alcohol License for the On-Sale of Beer and Wine for Premiere Cinemas Los Banos Located Within the Highway Commercial Zoning District at 245 Mercey Springs Road, APN 025-121-022.
1) City Council Resolution No. 6738 - Finding the Proposed Project to be Categorically Exempt from the California Environmental Quality Act Pursuant to Section 15301 and Approving Conditional Use Permit #2023-07 to Allow for the On-Sale of Beer and Wine in Conjunction with Los Banos City Council Agenda- February 21, 2024 Page 3 of 5 3 an Eating Place for Premiere Cinemas Los Banos Located at 245 Mercey Springs Road.
Recommendation: Receive staff report, open the public hearing, receive public comment, close the public hearing, and adopt the resolution as submitted.
9. CONSIDERATION OF ADOPTION OF ORDINANCE NO. 1204 - AMENDING TITLE 2 CHAPTER 2 ARTICLE 5 SECTION 2-2.510 OF THE LOS BANOS
MUNICIPAL CODE TO CHANGE THE MEETING DATES AND TIMES OF THE
LOS BANOS AIRPORT ADVISORY COMMISSION FROM MONTHLY MEETINGS TO QUARTERLY MEETINGS. (First Reading & Introduction)
Recommendation: Receive staff report and introduce the ordinance as submitted.
10. CONSIDERATION OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 6739 - ACCEPTING PUBLIC UTILITY IMPROVEMENTS WITHIN THE PRIVATE COMMUNITY FOR EAST CENTER PHASE 3A (PIONEER DEVELOPMENT COMPANY, INC.).
Recommendation: Receive staff report and approve the resolution as submitted.
11. CONSIDERATION OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 6740 - APPROVING PROFESSIONAL SERVICES AGREEMENT FOR EMERGENCY SHELTER SERVICES [MISSION MERCED INCORPORATED] AND AMENDING THE 2023-2024 FISCAL YEAR BUDGET AS IT PERTAINS TO REVENUES AND
EXPENDITURES IN THE CALIFORNIA HOUSING AND COMMUNITY
DEVELOPMENT (HCD) FUNDS.
Recommendation: Receive staff report and approve the resolution as submitted.
12. ADVISEMENT OF PUBLIC NOTICES. (Three Reports)
Recommendation: Informational item only, no action to be taken.
13. CITY MANAGER REPORT.
Recommendation: Informational item only, no action to be taken.
14. REPORT/UPDATE ON MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG), PENINSULA CLEAN ENERGY (PCE), MEASURE V COMMITTEE, AND
SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT (SJVAPCD),
AND LOS BANOS DOWNTOWN PROPERTY & BUSINESS IMPROVEMENT
DISTRICT (LBDPBID).
Recommendation: Informational item only, no action to be taken.
15. CITY COUNCIL MEMBER REPORTS.
A. Kenneth Lambert- District 1
B. Douglas Begonia, Jr. - District 2
Los Banos City Council Agenda - February 21, 2024 Page 4 of 5 4 C. Brett Jones - District 3
D. Deborah Lewis - District 4
E. Paul Llanez - Mayor
16. ADJOURNMENT.
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing ~ a ;~o~ I bulletin board not less than 72 hours prior to the meeting.
Sara Blevfns: Assistant City Clerk Dated this 16th day of February 2024 Los Banos City Council Agenda -February 21, 2024 Page 5 of 5 5 THIS PAGE IS INTENTIONALLY LEFT BLANK
6 CERTIFICATE OF RECOGNITION
<Presented rto
DE LA TORRE PROPERTIES
2160 E. PACHECO BOULEVARD
Por 6eing named tlie 2023 CJ<§cycfer of tlie %ar 6y 1vf_id o/a[{ey <Disposal <Tlianftyou for doing a fantastic jo6 in waste management.
Pau[ Lfanez, :A1ayor
(J)atecf: Pe6ruary 21, 2024
tOsBanos
At the Crossroads of California
7 THIS PAGE IS INTENTIONALLY LEFT BLANK
8 CK# 243181 - # 243776 02/21/2024 $1,490,249.67
Check Report
Check by Date
LOsBanos
tlit C.ro.1;smad!- of(, lifonti
Number Payment Date Vendor Name Payment Type Void Payment Amount 243181 01/31/2024 David & Vivian Hall Regular 161.31
243182 01/31/2024 Jose Ornelas Regular 185.32
243183 01/31/2024 Hector Garibay Regular 50.79
243184 01/31/2024 Maria Rojas Regular 23.20
243185 01/31/2024 Borelli Real Estate Regular 198.53
243186 01/31/2024 Christi Orr Regular 200.00
243187 01/31/2024 Oscar Padilla Regular 83.08
243188 01/31/2024 Dennis A & Kirsten Areias Regular 159.38 243189 01/31/2024 Ernest Guzman Regular 63 .08
243190 01/31/2024 Mary Elizabeth Garcia Regular 43.34
243191 01/31/2024 Jose Luis Freitas Regular 10.17
243192 01/31/2024 Craig & Craig Prof. Services, Gina Regular 63.53 243193 01/31/2024 Sunshine Investments Regular 13.54
243194 01/31/2024 Merced Stanislaus County Property Management Regular 47.40 243195 01/31/2024 Hugo Moreno Regular 101.56
243196 01/31/2024 Ramiro Rodriguez Regular 101.56
243197 01/31/2024 Ramiro Rodriguez Regular 101.56
243198 01/31/2024 Jose Arias Jimenez Regular 189.83
2431 99 01/31/2024 Rosemary Lynn Brandi Regular 101.56
243200 01/31 /2024 Lupe Angel Vallejo Regular 115.52
243201 01 /31 /2024 Adam and Abigail Jacobo Regular 5.21 243202 01/31/2024 Andres Cortes Regular 200.00
243203 01/31/2024 Guadalupe & Marily Rubalcava Regular 106.31 243204 01/31/2024 Terry and Patricia Kirschman Regular 138.61 243205 01/31/2024 Mark William Borrero Regular 107.81
243206 01/31/2024 RBG Construction Regular 200.00
243207 01/31/2024 RBG Construction Regular 200.00
243208 01/31/2024 RBG Construction Regular 200.00
243209 01/31/2024 RBG Construction Regular 24.55
243210 01/31/2024 RBG Construction Regular 18.00
243211 01/31/2024 MHP Builders Inc Regular 24.55
243212 01/31/2024 MHP Builders Inc Regular 24.55
243213 01/31 /2024 Ines Lucia Jimenez Regular 88.27
243214 01/31/2024 Sbayvonne C Amaro Regular 200.00
243215 01/31/2024 Preciosa Meneses Regular 200.00
243216 01/31/2024 D.R. Horton Regular 24.55
243217 01/31/2024 D.R. Horton Regular 24.55
243218 01/31/2024 D.R. Horton Regular 24.55
243219 01/31/2024 D.R. Horton Regular 24.55
243220 01/31/2024 D.R. Horton Regular 24.55
243221 01/31/2024 D.R. Horton Regular 24.55
243222 01/31/2024 D.R. Horton Regular 24.55
243223 01/31/2024 RBG Construction Regular 200.00
243224 01/31/2024 Merid Herrera Regular 190.17
243225 01/31/2024 Raju Mathew Regular 144.31
243226 01/31/2024 Rodina Elizabeth Zamora Regular 74.36 243227 01/31/2024 Rosemary Tirado Regular 88.61
9 243228 01/31/2024 Harjinder Singh Regular 88.61
243229 01/31/2024 Brenda Berenice Ramirez Juarez Regular 108.27 243230 01/31/2024 lee Age Enviromental Regular 136.72
243231 01/31/2024 Elahe Derakhshesh Regular 127
.93
243232 01/31/2024 Trinity Real Estate and Property Management Regular 195.35 243233 01/31/2024 Bulmaro Hernandez Regular 19.81
243234 01/31/2024 Alicia Lopez Regular 60.10
243235 01/31/2024 Victor Bazan Regular 82.45
243236 01/31/2024 Top Equity Investments LLC Regular 263.90 243237 01/31/2024 Jose Tellez JR Regular 26
.58
243238 01/31/2024 PowerHouse Realty Regular 108.27
243239 01/31/2024 Maria Correia Regular 105
.00
243240 01/31/2024 Joana Agpuon Regular 42
.82
243241 01/31/2024 RBG Construction Regular 182
.58
243242 01/31/2024 Maribel Silva Regular 88
.61
243243 01/31/2024 Centwy Communities Regular 152.48
243244 01/31/2024 Meritage Homes Regular 146,94
243245 01/31/2024 Centwy Communities Regular 177.03
243246 01/31/2024 Flor Dorado Regular 114.82
243247 01/31/2024 Carlos Sandoval Ramos Regular 55,85
243248 01/31/2024 Shelly Arbuckle Regular 72
.23
243249 01/31/2024 Cuauhtemoc Rodriguez Tello Regular 38 .13
243250 01
/31/2024 Gerardo Alcala Regular 64.29
243251 01/31/2024 Cecilia Morales Mejia Regular 139
,69
243252 01/31/2024 Michele Brandenburg Regular 25.45
243253 01/31/2024 Segundo Gonzales Centurion Regular 49.29 243254 01/31/2024 Elahe Derakhshesh Regular 136
,52
243255 01/31/2024 Centwy Cormnunities Regular 169.91
243256 01/31/2024 Ronnie Riofrio JR Regular 47,59
243257 01/31/2024 D.R. Horton Regular 184
.66
243258 01/31/2024 D.R. Horton Regular 144,56
243259 01/31/2024 D.R. Horton Regular 160.87
243260 01/31/2024 D.R. Horton Regular 157.80
243261 01/31/2024 Centwy Communities Regular 182.58
243262 01/31/2024 Centwy Communities Regular 176.24
243263 01/31/2024 Centwy Communities Regular 182.58
243264 01/31/2024 Centwy Communities Regular 136.48
243265 01/31/2024 Centwy Communities Regular 173.57
243266 01/31/2024 Catarnount Properties 2018, LLC Regular 20 ,14
243267 01/31/2024 Home Sweet Home Property Management Co. Regular 69.87 243268 01/31/2024 Thomas & Karen Ovesen Regular 79.40
243269 01/31/2024 America Turuy Regular 63
.53
243270 01/31/2024 Ana Cristina Cerda Guzman Regular 60.35 243271 01/31/2024 Jeffrey Layton Regular 104
.78
243272 01/31/2024 Sally Keck Arambel Regular 112.41
243273 01/31/2024 Juan
M. Delgado Regular 114.31
243274 01/31/2024 Maria Guerrero Regular 11.13
243275 01/31/2024 Alta Real Estate Services, Inc. Regular 104.78 243276 01/31/2024
D.R. Horton Regular 152
.43
243277 01/31/2024 Bernardina Galaviz Regular 12
.85
243278 01/31/2024 Centwy Communities Regular 174
.68
243279 02/02/2024 Anderson Pump Company Inc Regular 43
,538.11
243280 02/02/2024 Apex Annex Health Center, Inc . Regular 135.00 243281 02/02/2024 AT&T Regular 11
,394,22
243282 02/02/2024 Miguel Barrera Regular 60
.00
243283 02/02/2024 Sara Blevins Regular 448.50
243284 02/02/2024 BSK Associates Regular 17,328
.02
243285 02/02/2024 Carollo Inc. Regular 35,392.75
10 243286 02
/02/2024 City of Los Banos Utility Regular
4,371.64
243287 02
/02/2024 Dept of Transportation Regular
7,425.13
243288 02
/02/2024 Fehr & Peers Regular 13
,976.25
243289 02
/02/2024 Aaron Goins Regular 36
.00
243290 02/02/2024 Gouveia Engineering Inc. Regular 18,936.91 243291 02/02/2024 Ricardo Heredia Regular 48
.00
243292 02/02/2024 Ricardo Heredia Regular 60.00
243293 02/02/2024 Rick Justice Regular 473.30
243294 02/02/2024 Killingsworth Gear Regular
7,455.02
243295 02/02/2024 Krazan & Associates Regular 7,710.00
243296 02
/02/2024 Gabriel Omar Ortiz Lepe Regular 15
,797.00
243297 02/02/2024 Mark Thomas & company. Inc. Regular 66,11 6.63 243298 02
/02/2024
Oscar Daniel Figueroa Martinez Regular 14
,500.00
243299 02
/02/2024 Micha
el Neal Regular 12
.00
243300 02/02/2024 Gerald "Obie" O'Brien Regular 77.14
243301 02/02/2024 Stephen O'Day Regular 12.00
243302 02/02/2024 O'Dell Engineering Regular 11,100.00
243303 02/02/2024 Todd Pricolo Regular 48
.00
243304 02/02/2024 Pro Group Painting Regular
2,788.35
243305 02/02
/2024 Provo
st and Pritchard Engineering, Inc. Regular 16,731.80
243306 02
/02/2024 Reds Roofing Company Regular 16,100.00
243307 02/02/2024 State Water Resources Control Board Regular 60 .00
243308 02
/02/2024 Superior Pool Products, LI..C Regular 11
,835.87
243309 02/02/2024 Jennifer Topete Regular 12.00
243310 02/02/2024 US Bank Corp Pymt System Regular 50,098.45 243311 02/02/2024 Law Offices of William A Vaughn Regular 15 ,446.25
243312 02/02/2024 Guadalupe Yepez Regular 12.00
243313 02/02/2024 AM Business Supplies Regular 742
.98
243314 02/02/2024 Agile Occupational Medicine PC Regular 230 .00
243315 02
/02/2024 Kasey Allin Regular 20.00
243316 02/02/2024 Gregory Almeida Regular 38.61
243317 02
/02/2024 Always Re
scue Plumbing Inc Regular
4,317.00
243318 02
/02/2024 Ameri
can Society ofCompose.rs,Authors & Publishers Regular 434 .00
243319 02
/02/2024 Amerigas Propane, LP Regular
1,097.35
243320 02/02/2024 Animal Damage Management, Inc. Regular 4,550.00
243323 02/02/2024 Aramark Uniform Ser Inc Regular 542.14 243324 02/02/2024 AT&T Regular 828.21
243325 02/02/2024 BJ's Consumers Choice Pest Control Inc. Regular 332 .00
243326 02/02/2024 Michael George Bonillas Regular 447
.50
243327 02
/02/2024 Boot Barn Regular 380.83
243328 02
/02/2024 Bovee Environmental Management, Inc. Regular 750 .00
243329 02
/02/2024 BSK Associates Regular
4,814.00
243330 02
/02/2024 Cal Traffic Regular
1,827.13
243331 02/02
/2024 Capit
al One Regular 198
.16
243332 02/02/2024 Cintas Corporation No.2 Regular 291.63 243333 02/02/2024 Central Sanitary Supply, LI..C Regular 1,2
68.33 243334 02/02/2024 Central Valley Concrete Inc. Regular 1,270.20
243335 02/02/2024 Clark Pest Control Inc Regular 184.00 243336 02/02/2024 Co
mcast Regular 118.16
243337 02
/02/2024 Copy Shipping Solutions Regular 173.40
243338 02
/02/2024 CSG Consultants Inc. Regular 102
.50
243339 02/02/2024 De Lage Landen Public Finance LI..C Regular 5,577.18 243340 02/02/2024 Dispensing Technology Corporation Regular 2,216 .09
243341 02/02/2024 Double D Towing, LLC Regular 270
.00
243342 02/02/2024
Electric Drives Inc Regular 315.98
243343 02/02/2024 Farmer Brothers Coffee Regular 341.56 243344 02/02/2024 Federal Express Corporation Regular 6.82 243345 02/02/2024 Fehr &P
eers Regular
2,672.50
11 243346 02/02/2024 Gouveia Engineering Inc. Regular 4,108.07 243347 02/02/2024 Hach Company Regular 204.61
243348 02/02/2024 Halo Branded Solutions Inc. Regular 697.77 243349 02/02/2024 Henley Pacific, LLC Regular 71.18
243350 02/02/2024 Ingraham Trophies Regular 829.02
243351 02/02/2024 Kay Park Recreation Corporation Regular 3,347.18 243352 02/02/2024 Lucas Business Systems Regular 61.70
243353 02/02/2024 Mark Thomas & company. Inc. Regular 4,738.56 243354 02/02/2024 Marfablnc Regular 21.86
243355 02/02/2024 McCrometer Inc. Regular 416.00
243356 02/02/2024 North Central Laboratories Regular 366.75 243357 02/02/2024 O'Dell Engineering Regular 10,703.75
243358 02/02/2024 OSE Regular 94.50
243359 02/02/2024 PG&E Company Regular 343.46
243360 02/02/2024 Pace Supply Corp. Regular 1,449.89
243361 02/02/2024 PAPE Machinery Inc. Regular 829.29
243362 02/02/2024 Precision Civil Engineering, Inc Regular 1,052.00 243363 02/02/2024 Provost and Pritchard Engineering, Inc. Regular 13,943.00 243364 02/02/2024 Purchase Power Inc Regular 2.01
243365 02/02/2024 Protech Security & Electronics, Inc. Regular 450.00 243366 02/02/2024 Razzari Dodge Chrysler Jeep Regular 467.38 243367 02/02/2024 Riggs Ambulance Service Regular 175.00 243368 02/02/2024 Michael Bartholomew Regular 2,307.17
243369 02/02/2024 Sherwin Williams Co Regular 155.60
243370 02/02/2024 Smart Concrete Pumping, LLC Regular
2,535.00
243371 02/02/2024 Smith & Loveless Inc Regular 2,759.98 243372 02/02/2024 Sorensens True Value Regular 2,027.23 243374 02/02/2024 Stantec Consulting Services, Inc. Regular 4,239.50 243375 02/02/2024 Summers Engineering Regular 500.00
243376 02/02/2024 Telstar Instruments Regular 1,675.00
243377 02/02/2024 Technicon Engineering Services, Inc. Regular 2,764.50 243378 02/02/2024 The Heil CO Regular 220.00
243379 02/02/2024 Samantha Alison Tova Regular 375.00
243380 02/02/2024 Triangle Rock Products Regular 338.08 243381 02/02/2024 United Pavement Maintenance, Inc. Regular 1,000.00 243382 02/02/2024 USA Blue Book Regular 762.55
243383 02/02/2024 VCA Animal Hospitals, Inc. Regular 590.20 243384 02/02/2024 Verizon Wireless Regular 1,400.93
243385 02/02/2024 Westside Water Conditioning Regular 193.50 243386 02/02/2024 Windecker Inc Regular 3,193.86
243387 02/02/2024 Halcyon Creek Inc. Regular 4,859.69
243391 02/05/2024 Aflac-Customer Service Regular 235.68 243392 02/05/2024 AFSCME District Council 57 Regular 1,595.93 243393 02/05/2024 Empower Annuity Ins. Co of America Regular 2,947.00 243394 02/05/2024 Empower Annuity Ins. Co of America Regular 1,567.01
243395 02/05/2024 Los Banos Police Assn Regular 1,015.00 243396 02/05/2024 Los Banos Police Assn. Regular 245.00 243397 02/05/2024 Merced County Sheriff Regular 200.00
243398 02/05/2024 MissionSquare Regular 341.65
243399 02/05/2024 MissionSquare Regular 7,575.00
243400 02/05/2024 Nationwide Retirement Solutions Regular 4,105.33
243401 02/05/2024 Professional Fire Fighter of Los Banos Local 4703 Regular 1,050.00 243402 02/05/2024 State Disbursement Unit Regular 1,350.00 243403 02/09/2024 Apex Annex Health Center, Inc. Regular 650.00 243404 02/09/2024 Callander Associates Landscape Architecture, Inc. Regular 22,871.05 243405 02/09/2024 John Cates Regular 55.00
243406 02/09/2024 City of Dos Palos Regular 127.00
243407 02/09/2024 Cornflower Farms Regular 760.25
12 243408 02/09/2024 CSG Consultants Inc. Regular 233,497.19 243409 02/09/2024 Elk Grove-F, Inc Regular 67,804.81
243410 02/09/2024 InfoSend Inc. Regular
9,672.31
243411 02/09/2024 Brent Kuhn Regular 28,875
.00
243412 02/09/2024 Marina Landscape, Inc. Regular 156,275.00 243413 02/09/2024 Merced County Regional Waste Management Authority Regular 13,804 .22
243414 02/09/2024 PG&E Company Regular 139,998.64
243415 02/09/2024 Chetna Patel Regular 129.00
243416 02/09/2024 Christopher Perrecone Regular 55.00
243417 02/09/2024 Price Paige and Company CP A's Ll.P Regular 17,355.00 243418 02/09/2024 Justin Ragunton Regular 55.00
243419 02/09/2024 Juan Ramirez Regular
3,000.00
243420 02/09/2024 Rob Robinson Regular 55.00
243421 02/09/2024 Ronny's Inc. Regular 56,837.47
243424 02/09/2024 Stacy Souza Elms Regular 441.59
243425 02/09/2024 State Water Resources Control Board Regular 190 .00
243426 02/09/2024 Stomrnel, Inc. Regular 40,096.49
243427 02/09/2024 Tyler Technologies, Inc. Regular 10,023.36 243428 02/09/2024 Katherine Uhley Regular 441.59
243429 02/09/2024 Windecker Inc Regular 24,391.29
243430 02/09
/2024 Ronny's Inc. Regular 38,953.16
243432 02/09/2024 Anthony Gomes Regular 918.00
243433 02/09/2024 Aramark Uniform Ser Inc Regular 413.49 243434 02/09/2024 AramarkUniform & Career Apparel Group, Inc. Regular 170 .69
243435 02/09/2024 AT&T Regular 31.57
243436 02/09/2024 AT&T Regular 171.69
243437 02/09/2024 Dorothy June Baker Regular 215.32
243438 02/09/2024 Battery Systems, Inc. Regular 325.68
243439 02/09/2024 Boot Barn Regular 220.19
243440 02/09/2024 Bound Tree medical LLC Regular 886.41 243441 02/09/2024 Bovee Environmental Management, Inc. Regular 1,075.00 243442 02/09/2024 Bruce's Tire Inc Regular 59.28
243443 02/09/2024 BSK Associates Regular 622.00
243444 02/09/2024 CENCAL Machine & Fabrication Inc. Regular 667.77 243445 02/09/2024 Cintas Corporation No.2 Regular 492.71 243446 02/09/2024 Central Valley Concrete Inc. Regular
1,058.14
243447 02/09/2024 Coffee Break Service Inc. Regular 591.90 243448 02/09/2024 Comcast Regular 108.16
243449 02/09/2024 Copy Shipping Solutions Regular 1,602.03 243450 02/09/2024 Docs Towing & Transport, Inc. Regular 660.00 243451 02/09/2024 Dos Palos Publishing Company Regular 70.00 243452 02/09/2024 Downtown Decorations, Inc. Regular
3,077.66
243453 02/09/2024 Employee Relations, Inc. Regular 50.00 243454 02/09/2024 Fast Track Car Wash Regular 329.00
243455 02/09/2024 Food4 Less Regular 227.40
243456 02/09/2024 Fresno City College Regular 963.00
243457 02/09/2024 Jason D. Goins Regular 1,200
.00
243458 02/09/2024 Henley Pacific, LLC Regular 61.45
243459 02/09/2024 InfoSend Inc. Regular
4,572.33
243460 02/09/2024 Kone Inc. Regular 842.00
243461 02/09/2024 Lawson Products, Inc. Regular 571.92
243462 02/09/2024 League of California Cities Regular 473.47 243463 02/09/2024 Marfab Inc Regular 243
.62
243464 02/09/2024 Merced Chevrolet Inc. Regular 359.09
243465 02/09/2024 Merced Truck & Trailer Inc Regular 1,525.63 243466 02/09/2024 Monterey Auto Services Inc. Regular 600.00 243467 02/09/2024 Napa Auto Parts of Los Banos Regular 195.62 243468 02/09/2024 NEC Corporation of America Regular 1,990.13 13 243469 02/09/2024 OSE Regular 622
.94
243470 02/09/2024 O'Reilly Auto Parts Regular
1,083.58
243472 02
/09/2024 PG&E Company Regular 11.33
243473 02/09/2024 Pace Supply Corp. Regular
4,463.02
243474 02/09/2024 Pacific Landscape Supply, Inc. Regular 4,275 .00
243475 02/09/2024 Purchase Power Inc Regular 106.84
243476 02/09/2024 Razzari Ford Regular 556.77
243477 02/09/2024 Riggs Ambulance Service Regular 30.00 243478 02/09/2024 Ronny's Inc. Regular 5,984
.21
243479 02
/09/2024 Save Mart Supermarkets Regular 57.04
243480 02/09/2024 Southem Tire Mart, LLC Regular 1,038.09 243481 02/09/2024 James T Stephens Regular 3,552
.86
243482 02/09
/2024 Sorensens True Value Regular 1,647.18
243484 02/09/2024 Triangle Rock Products Regular 535
.27
243485 02/09/2024 Tyler Technologies, Inc. Regular 652
.50
243486 02/09/2024 United Site Services, Inc. Regular 799.50 243487 02/09/2024 Verizon Wireless Regular 803.49
243488 02/09/2024 Westside Water Conditioning Regular 63.40 243489 02/09/2024 Windecker Inc Regular 4,712.32
243490 02/14
/2024 Everardo Tovar Regular 99.32
243491 02/14
/2024 Alfredo Vargas Jimenez Regular 200
.00
243492 02/14
/2024 Juliet Duarte Regular 98
.44
243493 02/14/2024 Antonio Soto Serratos Regular 98.44
243494 02/14/2024 Juan Ascencio Diaz Regular 98.44
243495 02/14/2024 Leslie C Neal Regular 98.44
243496 02/14/2024 Sergio Orozco Regular 200.00
243497 02/14/2024 Laura Sanchez Regular 98.44
243498 02/14/2024 Javier Miranda Regular 200.44
243499 02/14/2024 Jose Alberto Perez Regular 98
.44
243500 02
/14/2024 KayLa Regular 98.44
243501 02/14/2024 Ana Guillen Regular 98.44
243502 02
/14/2024 Alejandro Olivares Regular 200.00
243503 02
/14/2024 Christi M Souza Regular 98.44
243504 02/14/2024 Berenice Barrera Regular 98.44
243505 02/14/2024 Columba Rincon Regular 98.88
243506 02/14/2024 Angel Gonzalez Ornelas Regular 98.44
243507 02/14/2024 Julio Medina Hernandez Regular 98.44
243508 02/14/2024 Amado Orozco Barriga Regular 100.00
243509 02/14/2024 Marie Skye Silva Regular 98.44
243510 02/14/2024 Octavio Hernandez Regular 98
.44
243511 02/14
/2024 Roberto Marin Regular 106.77
243512 02
/14/2024 Juan Pablo Hernandez Silva Regular 25
.47
243513 02/14/2024 Roxana DeJesus Ascencio Regular 98.44 243514 02/14/2024 Fidel Castaneda Olivares Regular 98.44 243515 02/14/2024 Sherri Lynn Farnham Regular 98.44
243516 02/14/2024 Jesus Apolinar Guevara Contreras Regular 98.44 243517 02/14/2024 Lany Freeman Regular 21.22
243518 02/14/2024 Richard Gallichio Regular 100
.08
243519 02/14/2024 Gabriel Aguilar Regular 98.44
243520 02/14/2024 Dolores Maria Santiago Regular 98.44
243521 02/14/2024 Angelica Villanueva Figueroa Regular 98.44 243522 02/14/2024 Julio Cesar Jimenez Regular 98.44
243523 02/14/2024 Shelli Marie Criswell Regular 98.44
243524 02/14/2024 Mayra Macias Ornelas Regular 98.44
243525 02/14/2024 Irene Martinez Enriquez Regular 98.44 243526 02/14/2024 Monica Edith Ramirez Valenzuela Regular 98.44 243527 02/14/2024 Miguel Angel Espinoza Regular 98.44
243528 02/14/2024 Laundry Day Regular 200
.00
14 243529 02/14/2024 Paulina Antonia Cardenas Valenzuela Regular 98.44 243530 02/14/2024 Anna Chavez Regular 200.45
243531 02/14/2024 Joselyn Lustre Jimenez Regular 98.44
243532 02/14/2024 Patricia Ann Sunshine Urbina Regular 98.44 243533 02/14/2024 Michelle and Rich Johnson Regular 100.00 243534 02/14/2024 Ryan M Salcido Regular 98.44
243535 02/14/2024 Lorenza Sara Juarez Jimenez Regular 98.44 243536 02/14/2024 Rosa Perez Aparicio Regular 98.44
243537 02/14/2024 Gisselle Pio Ayala Regular 98.44
243538 02/14/2024 Maribella Sandoval Regular 98.44
243539 02/14
/2024 Eunice Hasley Regular 98.44
243540 02/14/2024 Gabriela Villanueva Regular 200.00
243541 02/14/2024 Angelica M Mendez Regular 98.44
243542 02/14/2024 Juan Pablo Herrera Ramirez Regular 98.44 243543 02/14/2024 Juan & Eloisa Martinez Regular 98.44
243544 02/14/2024 Martin Martinez Regular 98.44
243545 02/14/2024 Florence Valdez Regular 98.44
243546 02/14/2024 Vincent James Rodriguez Regular 99.39 243547 02/14/2024 Y esica Garcia Guzman Regular 98.44
243548 02/14/2024 Tessa Renay Souza Regular 53.79
243549 02/14/2024 Susan Salas Regular 200.44
243550 02/14/2024 Joseph Reynoso Regular 100
.00
243551 02/14/2024 Caliber Bodyworks, Inc Regular 131.53 243552 02/14/2024 Omar Guerra Castaneda Regular 98.44
243553 02/14/2024 Tiffany Gutierrez-Jaquez Regular 98.44 243554 02/14/2024 Ramon Gomez Regular 98.44
243555 02/14/2024 Gustavo De La Torre Regular 200.00
243556 02/14/2024 Tommy Leyva Regular 98.44
243557 02/14/2024 Eleazar Reyes Regular 98.44
243558 02/14/2024 Baudelia Perez Gomez Regular 98.44
243559 02/14/2024 Timothy Norman Regular 98.44
243560 02/14
/2024 Kassandra Ramos Regular 98.44
243561 02/14/2024 Liney Barrera Regular 91.79
243562 02/14/2024 Laura Suarez Regular 98.44
243563 02/14/2024 Norberto Alfaro Regular 98.44
243564 02/14/2024 Josephine Diaz Regular 98.44
243565 02/14/2024 Manuel Mora Regular 70.89
243566 02/14/2024 Joan Soares Regular 98.44
243567 02/14/2024 Maria L Gutierrez Regular 98.44
243568 02/14/2024 Youngs Automotive Regular 75.45
243569 02
/14/2024 Carolina Roman Martinez Regular 98.44
243570 02/14/2024 Alejandro Sanchez-Zarate Regular 194.64 243571 02/14/2024 Robert Zuniga Regular 98.44
243572 02/14/2024 Manuel Becerra Regular 98.44
243573 02/14/2024 Monica Spear Regular 98.44
243574 02/14/2024 Grecia Alcaraz Regular 143.94
243575 02/14/2024 Laura Elena Vazquez Ortiz Regular 200.00 243576 02/14/2024 Dung Tien Nguyen Regular 123.58
243577 02/14/2024 Western Dental Services, Inc. Regular 98.45 243578 02/14/2024 Lisa Serang Regular 98.44
243579 02/14/2024 Juan Ceja Regular 98.44
243580 02/14/2024 Tina Melissa Olagues Regular 98
.44
243581 02/14/2024 Roxana Ramirez Regular 98.44
243582 02/14/2024 Lauriano Moises Villagrana Regular 98.67 243583 02/14/2024 Cristobal Melgoza Fernandez Regular 98.44 243584 02/14/2024 Nadir Sheikh Regular 116.88
243585 02/14/2024 Luis Humberto Ramirez-Rodriguez Regular 98.44 243586 02/14/2024 Blanca Rodriguez Regular 200.44
15 243587 02/14/2024 Clemente Jr Luna Regular 200.00
243588 02/14/2024 Gabriel Ahumada Gomez Regular 98.44
243589 02/14/2024 Jeliezer and Gladys Andaya and Sulayao Calso Regular 98.44 243590 02/14/2024 Edwin D Garcia Regular 98.44
243591 02/14/2024 Oliver Villalobos Regular 98.44
243592 02/14/2024 hma Figueroa Regular 97.49
243593 02/14/2024 Sonny Alexander Jorge Regular 98.44
243594 02
/14/2024 Chalen Beltran Regular 98.44
243595 02
/ 14
/2024 Maria Trinidad Arcilla Regular 98.44
243596 02/14
/2024 Adriana Guzman Regular 98.44
243597 02/14/2024 Rosa Rosales Regular 252.27
243598 02/14/2024 Melvinjean Phillips Regular 98.44
243599 02/14/2024 Nereida Ruiz Regular 98.44
243600 02/14
/2024 Gary Peralta Regular 98.44
243601 02
/14/2024 Stephanie Marie Fernandez Regular 98.44
243602 02/14/2024 Felisa Pason Regular 98.44
243603 02/14/2024 Gustavo JR Servin Regular 98.44
243604 02/14/2024 Jennieliza D Robledo Regular 98.44
243605 02
/14
/2024 Eric & Brenda Lopez Regular 98.44
243606 02/14/2024 Luis Blanco Guzman Regular 98.44
243607 02/14/2024 Hector Benavides Regular 98.44
243608 02/14/2024 Lida Sutachan Regular 44.29
243609 02/14/2024 Catarina Mendez Espinoza Regular 98.44 243610 02/14
/2024 Hortensia Camacho-Vargas Regular 98.44
243611 02/14/2024 Victor Emmanuel Lim Regular 98.44
243612 02/14/2024 Enrique M Galindo Regular 200.00
243613 02/14/2024 Romelia Garcia Regular 98.44
243614 02/14/2024 Abraham Perez Mandujano Regular 91.79 243615 02/14
/2024 Alberto Jimenez Cervantes Regular 98.44
243616 02
/14/2024 Jasmine Sade Stephens Regular 98.44
243617 02/14/2024 Melanie Flores Regular 98.44
243618 02/14/2024 Brenda Elizabeth Chandler Walstra Regular 98.44 243619 02/14/2024 Belen G Gonzalez Regular 98.44
243620 02
/14/2024 Maria Rodriguez Garcia Regular 200.00
243621 02/14/2024 Rosa Elena Sanchez Regular 98.44
243622 02/14/2024 Rene Rayas Regular 98.44
243623 02/14/2024 Norma Leal Jabbari Regular 98.44
243624 02/14/2024 Brett Christian Blaine Vale Regular 98.44 243625 02/14/2024 Barbara Garcia Regular 98.44
243626 02
/14/2024 Rosanne Alarcon Regular 98.44
243627 02/14/2024 Jacklyn Rubio Regular 98.44
243628 02/14/2024 Rosaura Cantero De Macias Regular 95.59 243629 02/14/2024 Roberto and Delia Ramirez Regular 200.00 243630 02/14
/2024 Elizabeth Nadal Regular 98.44
243631 02/14/2024 Daniel Girard Regular 200.00
243632 02/14/2024 Cynthia Marie Freese Regular 98.44
243633 02/14/2024 Javier Zaragoza Regular 98.44
243634 02/14
/2024 Hector Montelongo Duran Regular 98.44
243635 02/14/2024 Erik Brown Regular 98.44
243636 02
/14/2024 Janet Lizarde Regular 98.44
243637 02/14/2024 Nicholas Shumaker Regular 87.99
243638 02/14/2024 Jorge Boyzo Regular 98.44
243639 02/14/2024 Jarely Fernandez Regular 98.44
243640 02/14
/2024 Gilbert Anthony Estrada Regular 98.44
243641 02/14/2024 Juan Duarte Regular 98.44
243642 02/14/2024 Yesenia Lizet Elisea Arroyo Regular 98.44 243643 02/14/2024 Abraham Luna Regular 98.44
243644 02
/14/2024 Miguel A Cantabrana Regular 98.44
16 243645 02/14/2024 Fabiola Hinostroza Martinez Regular 98.44 243646 02
/14/2024 Christy & Ernest Hernandez Regular 98
.44
243647 02/14/2024 Deepu Thomas Regular 98.44
243648 02/14/2024 Jenny Grijalva Regular 98.44
243649 02/14/2024 Marina A Geib Regular 200.00
243650 02/14/2024 Angelica Gamble Regular 84.19
243651 02/14/2024 Melissa Banuelos Regular 200.00
243652 02/14/2024 Joel Fernandez Martinez Regular 98.44 243653 02/14/2024 Thelma Arley Nava Regular 98.44
243654 02
/14/2024 Jose Cornejo Regular 98.44
243655 02/14/2024 Lillian Cardenas Regular 98
.44
243656 02/14/2024 Talisa Vander Poe! Regular 98.44
243657 02/14/2024 Regina Denise Battle Regular 200
.00
243658 02/14/2024 Patricia Casey Regular 98.44
243659 02/14/2024 Maria Plascencia Regular 143.94
243660 02/14/2024 Stephanie Hernandez Alvarez Regular 113 .68
243661 02/14/2024 John Tortia Regular 98.44
243662 02/14/2024 Maria and Jesus Fernando Imperio Regular 98.44 243663 02/14/2024 Susana Ramirez Regular 143.94
243664 02
/14
/2024 Elaine Cory Regular 113.68
243665 02/14/2024 Fred & Mary Subega Regular 37.68
243666 02
/14
/2024 Ezequiel Jimenez Regular 98.44
243667 02/14
/2024 Elizabeth Rasgado Merendon Regular 98.44
243668 02
/14/2024 Ivan Gilberto De Los Santos Regular 97.49
243669 02/14/2024 Robert Perez Regular 73
.87
243670 02/14/2024 Pablo V. Martinez Regular 98.44
243671 02/14/2024 Jose Lara Aguilar Regular 82
.29
243672 02/14/2024 Rosa Maria Serna Saldana Regular 98.44 243673 02/14/2024 Francisco Sepulveda Obeso Regular 105.32 243674 02
/14/2024 Rezel Cerdan Regular 98.44
243675 02/14/2024 Monica Melendrez Regular 98.44
243676 02/14/2024 Joanna S Smalley Regular 98.44
243677 02/14
/2024 Rick Encarnacao Regular 98.44
243678 02/14/2024 CesarGoday Regular 98.44
243679 02/14/2024 John Penn Regular 98.44
243680 02/14/2024 Julia & Enrique Ramos Regular 98.44
243681 02/14/2024 Juan Ismael Peralta Meza Regular 98.44 243682 02/14/2024 Yolanda Basaca Munoz Regular 98.44
243683 02/14/2024 Hugo Fuentes Regular 98.44
243684 02
/14/2024 Ronald Joseph Delema JR Regular 98
.44
243685 02/14/2024 Jose G Penaloza Regular 98.44
243686 02/14/2024 Isis Teresa Centeno Gayosso Regular 98 .44
243687 02/14
/2024 Stephanie Lam Regular 98.44
243688 02
/14/2024 Linda Louise Johnson Regular 98.44
243689 02/14/2024 Sherry Dees Regular 98.44
243690 02/14/2024 Sheila Antoinette Hendrix Regular 98.44 243691 02/14/2024 Ana Besy Murillo Regular 98
.44
243692 02/14/2024 Manuel Ramirez Regular 190
.52
243693 02/14/2024 Jesse Thomas Regular 98.44
243694 02
/14
/2024 Estela Valle Marquez Regular 98.44
243695 02/14/2024 Bradley P Soares Regular 98.44
243696 02
/14/2024 Troy Lee Ballard Regular 98
.44
243697 02
/14/2024 Gonzalo Guzman Regular 98.44
243698 02
/14/2024 Kenny R Miramontes Regular 98.44
243699 02/14/2024 JuanM Raya Regular 98.44
243700 02/14/2024 Virgina Romero Regular 143
.94
243701 02/14/2024 Amanda Joan Moon Regular 98.44
243702 02/14/2024 Rafael Robles Regular 98.44
17 243703 02/14/2024 Alejandro Cortez Estrada Regular 98.44 243704 02/14/2024 Juanita Esparaza Rocha Regular 98.44
243705 02/14/2024 Barbara Silveria Regular 98.44
243706 02/14/2024 Jennifer Gamboa Regular 98.44
243707 02/14/2024 Daniel Ram Regular 98.44
243708 02/14/2024 Patrick Menezes Regular 98.44
243709 02/14/2024 Ulises Urenda Regular 99.32
243710 02/14/2024 Karen Menera Regular 98.44
243711 02/14/2024 Maricela Barriga Regular 98.88
243712 02/14/2024 Yessenia Iniguez Huerta Regular 98.44 243713 02/14/2024 Nora Ramirez Regular 98.44
243714 02/14/2024 Elizabeth Tibbs Regular 98.44
243715 02/14/2024 Victor And Loretta Sandoval Regular 98.44 243716 02/14/2024 Javier Miramontes Regular 98.44
243717 02/14/2024 Michael Anthony Guerra JR Regular 98.44 243718 02/14/2024 Jose Soto Felix Regular 98.44
243719 02/14/2024 Jesus Aguila Regular 98.57
243720 02/14/2024 Julia Rodriguez Regular 95
.59
243721 02/14/2024 Isabel Martinez Regular 98.44
243722 02/14/2024 Edgar O Ortiz Sanchez Regular 98.44
243723 02/14/2024 Thomas Messner Regular
9.07 243724 02/14/2024 Kari Iturbide Regular 125
.17
243725 02/14/2024 Cathleen Zaring Regular 98.44
243726 02/14/2024 Cesar Iniguez Regular 98.44
243727 02/14/2024 Salvador Serrano Regular 98.44
243728 02/14/2024 Antonio Cardenas Regular 98.44
243729 02/14/2024 Nivarda Villafana De Duenas Regular 98.44 243730 02/14/2024 Luis Fernando Ornelas Regular 93.69
243731 02/14/2024 Cristal Arenas Regular 98.44
243732 02/14/2024 Deborah Furnish-Reyes Regular 98.44
243733 02/14/2024 Joe & Cynthia Fus Regular 98.44
243734 02
/14/2024 Rodolfo Mecina Regular 99
.01
243735 02/14
/2024 Melina Garcia-Guevara Regular 98.44
243736 02/14/2024 Norma Luna Regular 98.44
243737 02/14/2024 Linda Luna Regular 124.59
243738 02/14/2024 Fatima Lucia Soares Regular 124.59
243739 02/14/2024 Olivia Garcia Regular 122
.99
243740 02/14/2024 Patricia Vasquez Regular 24.59
243741 02/14/2024 Aracely S Borroel Regular 143
.94
243742 02/14/2024 Marlene Garcia Regular 98.44
243743 02/14/2024 Rocio Ignacio Santiago Regular 98
.57
243744 02/14/2024 Javier Plata Regular 98
.44
243745 02/14/2024 Veronica Rodriguez Regular
98.44 243746 02/14/2024 Dos Palos Drugs Inc. Regular 98.44 243747 02/14/2024 Israel Landeros Regular 98.44
243748 02/14/2024 Rita Vergara Regular 98.44
243749 02/14/2024 Fernando Marquez Hinojos Regular 98.44 243750 02/14/2024 Jose Estrada Regular 160.57
243751 02/14/2024 Virginia Gonzalez Regular 98.44
243752 02/14/2024 Theodore Castillo Regular 98.44
243753 02/14/2024 Buenaventura Lopez Regular 98.44
243754 02/14/2024 Robert Alan McCain Regular 98
.44
243755 02/14/2024 Isaias Fernandez Regular 98.44
243756 02/14/2024 Michelle Lee Hatton Regular 98.44
243757 02/14/2024 Alma Delia Ayala Regular 98.44
243758 02/14/2024 Irse Felix-Ortiz Regular 98.44
243759 02/14/2024 Juan L Rodriguez Fernandez Regular 98.44 243760 02/14/2024 Claudia Hernandez-Garcia Regular 98.44 18 243761 02/14/2024 Emilio Cardenas Regular 111.88
243762 02/14/2024 Consuelo Ayon Regular 98.44
243763 02/14/2024 Jose Luis Iniguez Regular 98.44
243764 02/14/2024 Ramesh Guduru Regular 222.80
243765 02/14/2024 Reynaldo Guevara Regular 98.82
243766 02/14/2024 Michael Lee Purnell Regular 98.44
243767 02/14/2024 Sharonda Lenise Williams Regular 98.44 243768 02/14/2024 Elizabeth Valdez Regular 98.44
243769 02/14/2024 Melisa Ann Zamora Martinez Regular 98.44 243770 02/14/2024 Agustin Gutierrez De La Cruz Regular 98.44 243771 02/14/2024 Alejandro Velasco Regular 98.44
243772 02/14/2024 Josefina A Narvaez Regular 98.44
243773 02/14/2024 Jose Manuel Mena Gonzalez Regular 98.44 243774 02/14/2024 Ralph Max Ortiz Regular 98.44
243775 02/14/2024 Vu Le Regular 98.44
243776 02/14/2024 Vanessa Ruiz Orozco Regular 98.44
Break in check sequence due to the following: Payment Type Payment Check #243321 - #243322 (Manual Void) Regular Checks 585 1,490,249.67 Check #243373 (Manual Void) Manual Checks 0 0.00
Check #243388 - #243390 (Payroll) Voided Checks 0 0.00
Check #243422 - #243423 (Manual Void) 585 1,490,249.67
Check #243431 (Manual Void)
Check #243471 (Manual Void)
Check #243483 (Manual Void)
19 THIS PAGE IS INTENTIONALLY LEFT BLANK
20 CITY OF LOS BANOS
CITY COUNCIL MEETING MINUTES
FEBRUARY 7, 2024
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 6:02 p.m.
PLEDGE OF ALLEGIANCE: Chief Reyna led the pledge of allegiance.
ROLL CALL - MEMBERS OF THE CITY COUNCIL PRESENT: Council Members Kenneth Lambert, Douglas Begonia, Jr., Brett Jones, Deborah Lewis and Mayor Paul Llanez.
STAFF MEMBERS PRESENT: City Attorney Vaughn, Police Chief Reyna, Fire Chief Tualla, Community & Economic Development Director Elms, Interim Finance Director Brent Kuhn, Parks and Recreation Director Heim, Assistant City Clerk/HR Analyst Blevins.
CONSIDERATION OF APPROVAL OF AGENDA: Motion by Lambert, seconded by Begonia to approve the City Council Meeting agenda as submitted. The motion carried by the affirmative action of all council members present.
PRESENTATION - CERTIFICATE OF RECOGNITION TO THE WILDCAT PEE WEE FOOTBALL TEAM FOR WINNING THE 2023 SUPERBOWL. Mayor Llanez presented the certificate to the Wildcats Pee Wee Football team.
One of the coaches thanked the City for the acknowledgment and thanked the players for making it happen. He spoke about the importance of commitment and dedication and how the desire to win counts. The success of the program has proven itself as he has been a coach since 2009 and is now coaching alongside others who used to be players themselves and now have children in the program.
PRESENTATION - CERTIFICATE OF RECOGNITION TO THE WILDCAT PEE WEE CHEER TEAM ON SUPPORTING THE FOOTBALL TEAM. Mayor Llanez presented the certificate to the Wild Cats Pee Wee Cheer Team.
PRESENTATION - CERTIFICATES OF RECOGNITION TO MARIO INIGUEZ AND
AARON FLORES FOR BEING NAMED EMPLOYEES OF THE MONTH FOR JANUARY 2024. Mayor Llanez presented the certificate to Mario Iniguez and Aaron Flores but none were present to accept their certificates.
21 PRESENTATION-PROCLAMATION RECOGNIZING THE RETIREMENT OF CITY OF LOS BANOS FINANCE MANAGER KIMBERLY TOMAS. Mayor Llanez read the proclamation but Kimberly was not present to accept her certificate.
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. TJ LOEMIG, runs the little league program in town and is very grateful for the presentation of the certificate. He spoke to how he is excited for the park improvements in town and that they make a big difference for sports teams. Having facilities like these for kids to play sports keeps the kids out of trouble. He understands the high costs behind these projects but once again expressed his gratitude; MEMBER OF THE PUBLIC, thanked Feral Freedom program for the work they do. She spoke to how she feels there is an Animal Advisory Committee needed in our City and believes it's important for K-12 students to be education on the topic. She wonders if there is any way to fundraise and encouraged others to help with the situation; REPRESENTATIVE FROM CONGRESSMAN JOHN DUARTE'S OFFICE, spoke to how he will be attending the Parks and Recreation Divisions' Save a Heart Day on Saturday. He further spoke to the fentanyl issue our society is currently facing and provided some statistics. There are ongoing efforts to keep program funding going to combat the issues in our community and invited the public to a hearing that will be held in the Hmong community in Merced tomorrow evening at 6:00 p.m.; BLANCHE JORGE, lives in downtown Los Banos and she is hoping that the City did apply for the animal shelter grant and is wondering if City Council can write a letter of support for the grant and if members of the public can directly email the Governor and kindly ask for his support for the grant as we really need the money. She further suggested that local school children put together art projects that could encourage the Governor to support the grant; KA THY BALLARD, thanked council and Ronny's Landscaping and the Public Works Department for all of their clean up during the storm; KA THERINE UH LEY, stated that a while back she spoke regarding low cost spay and neuter services and how there is a low-cost program in the community that will provide spay/neuter services, micro-chipping, and vaccination for $50 per animal. She thanked Levi with Feral Freedom for his efforts. She spoke to information she has found recently regarding the importance of using LED lighting responsibly and how it affects our bodies and how we react to things; MARGARET EDWARDS, commended the street sweeper drivers and how they are the best but how they must be frustrated because cars are parking on the downtown streets during hours they should not be and this prevents the street sweepers to clean up the streets in those areas. She further spoke to how she has attempted to go through the speed cushion process in her neighborhood but certain contingencies in the program's policies are preventing them from being approved. She provided information about her neighborhood and what kinds of things go on on her street that endanger her neighbors. She is hoping something can be added to the speed cushion application to request an analysis of why the measure is being requested; SARAH EDWARDS, spoke regarding electronic harassment and how she is a victim of it. She is trying to spread the word about the issue; REFUGIO LLAMAS, thanked City staff for clearing things out after the storm and noted that City staff has always done a great job ever since he's lived here. It takes a while to 22 get things done and a lot of things have been done thanks to the prior City Council. He is asking for more transparency on the consent agenda items and hopes during the Council Member comments, things can be addressed in regards to comments made during the public forum. He questioned the recent city hall closure due to staff training, why short notice was provided and what the topic was. He spoke to City commission applicants - particularly Kathy Ballard - and how she did not get appointed to the Measure H Citizens' Oversight Committee and wondered why City Council would deny someone who is trying to give back to the community; MARIBEL, Los Banos Downtown Association, spoke to the merchant event that is happening tomorrow evening in partnership with the Chamber of Commerce. There will be a second merchant event happening on February 22 at Biggins Texas BBQ. Future events include pub crawls and wine/beer strolls; TONY WHITEHURST, stated that the event Maribel spoke of is just one example of how the Downtown Association and the Chamber of Commerce are working together and the relationship is not a coincidence. Membership is growing and potential members are no longer asking what the Chamber can do for them, but instead what they can do for the Chamber. No one else came forward to speak and the public forum was closed.
CONSIDERATION OF APPROVAL OF CONSENT AGENDA.
Council Member Lewis stated she wanted to remove Agenda Items 7E and 7F for discussion.
Item 7E - City Council Resolution No. 6729 - Approving the Acceptance of a $100,000 UC Davis Koret Shelter Medicine Grant via their California for All Animals Program and Amending the Fiscal Year 2024-2025 Budget by Increasing the Appropriation Amount for Expenditures and Revenues in the Amount of $100.000. Council Member Lewis spoke to her gratitude for the grant but wondered if there was going to be a way to tell if recipients of the vouchers were actually using the vouchers and not just taking them for which Chief Reyna spoke to past practices with vouchers and how it was a mess. The goal is to get veterinary services to come to the shelter and possibly obtain mobile services. Council Member Lewis spoke to how some veterinarians have worked their student loans off by providing services in low-income areas and that could be an alternative to look into in the future. Council Member Lambert suggested to give vouchers to the veterinarians instead of citizens and then citizens can sign up directly with the veterinarian.
Item 7F - Ratifying the City Manager's Approval of the Employment Agreement with the Public Works Director/City Engineer Charles Bergson. Council Member Lewis requested information on the employee before ratifying the appointment as she knows nothing about him. Due to City Manager Pinheiro and City Clerk/Human Resources Director Mallonee being absent, City Attorney Vaughn stated that he could speak to the terms of the employment contract in question but not to the employee's experience or employment history. Parks and Recreation Director Heim stated he sat on an oral interview panel for Charles Bergson and noted some of his employment history.
Motion by Lewis, seconded by Begonia to approve the consent agenda as follows: Check Register for #242926 - #243180 in the Amount of $3,397,573.75; Minutes for the December 6, 2023 City Council Meeting; Minutes for the January 3, 2024 City Council Meeting; Minutes for the January 17, 2024 City Council Meeting; City Council Resolution No. 6729 - Approving the Acceptance of a $100,000 UC Davis Koret Shelter Medicine 23 Grant via their California for All Animals Program and Amending the Fiscal Year 2024- 2025 Budget by Increasing the Appropriation Amount for Expenditures and Revenues in the Amount of $100,000; City Council Resolution No. 6730- Ratifying the City Manager's Approval of the Employment Agreement with the Public Works Director I City Engineer Charles Bergson; City Council Resolution No. 6731 -Appointing Deborah "DJ" Barcellos, Harriett Schott, and Steven Soares to the Measure P Citizens' Oversight Committee with Terms Ending December 31, 2026. The motion carried by the affirmative action of all council members present.
SUNRISE RANCH PARK CONCEPTUAL DESIGN PRESENTATION. Parks and Recreation Director Hiem presented the staff report which included a Powerpoint presentation.
There was Council Member and staff discussion pertaining to the cost of the project and whether there was enough funding to cover the cost of the project for which Director Heim confirmed the Department was comfortable with the funds available to get the project going and that if need be, other funding sources or alternatives would be explored .
Council expressed their liking of the design and implementation of new pieces of equipment for this playground. Council asked if lighting was included in the cost of the project for which Director Heim stated that that lighting was not included in the price but that there were plans in place to have solar lighting installed by in-house personnel.
Council additionally asked if there were barbecue pits in the plans for which Director Heim confirmed. Council Member Lambert voiced his concerns about whether there could be a crackdown on the use of barbecues due to clean air restrictions and that he would hate to see these pieces of equipment installed then have to be removed. Director Heim answered that the pits could be easily removed if it came down to it.
Motion by Lambert, seconded by Begonia to approve the Sunrise Ranch Park conceptual design. The motion carried by the affirmative action of all council members present.
PICKLEBALL COURTS CONCEPTUAL DESIGN PRESENTATION. Parks and Recreation Director Heim presented the staff report which included a Powerpoint presentation.
Council Member Lewis thanked Director Heim for the presentation and stated that she anticipates this project will be approved but she struggles with it due to the overall cost.
She still has Project Homekey in mind and feels the City is not doing anything with the homeless population. She decided to abstain from this vote because she would like to use this type of funding for other priorities. There were additional comments made by Council in support of this project and feels the public should get what they are asking for.
Motion by Jones, seconded by Lambert to approve the Pickleball Courts conceptual design. The motion carried by the following roll call vote: AYES: Lambert, Begonia, Jones, Llanez; NOES: None; ABSTAIN: Lewis; ABSENT: None.
ADVISEMENT OF PUBLIC NOTICES (No Report}.
24 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 (LBPBID).
Council Member Lewis Spoke to how she was reappointed to the San Joaquin Valley Air Pollution Control District board and how she is excited to continue to serve.
Mayor Llanez stated there was an upcoming MCAG meeting and would have additional information to share soon.
Council Member Begonia stated that Peninsula Clean Energy customers have a rate difference and that PG&E rates will soon be increasing which would pose a bigger savings for PCE customers. There are additional grant opportunities that are upcoming and additional information will be provided soon.
COUNCIL MEMBER REPORTS
DEBORAH LEWIS: Council Member Lewis wanted to acknowledge Kim Tomas for her 16 years of service to the City. She has moved on to the County but she will be truly missed. She spoke to speed cushions and the City of Stockton's process. Theirs was hard at first but got easier over time. She isn't sure if laws have changed but suggested having a look at their policy so it could be simpler for the community to get the speed cushions.
LAMBERT: Council Member Lambert spoke to the recent storm and thanked the departments for keeping the City cleaned up from the damage.
BEGONIA: Council Member Begonia thanked all the City workers who assisted during the storm and for keeping everything cleaned up. He spoke to the new play structure at College Greens Park and how it is wheelchair accessible. The Arbor Day celebration is coming up on March 1 .
JONES: Council Member Jones thanked staff for their work during the storm and feels the tree trimming prevented a lot of damage. He thought tonight's presentations were great.
LLANEZ: Mayor Llanez spoke to electronic harassment and said he will be looking into it further. He spoke to light pollution and how dimmed lights could actually have a negative impact such as increased criminal activity. In regards to the desire for an Animal Advisory Committee, he believes this role should fall in the hands of a non-profit organization and not on City citizens. For issues regarding speed cushions, he stated that speed cushions cannot be on every street but he encourages neighbors to go through the petition process in order for Police Department staff to evaluate whether the measure would be 25 appropriate in the area. He agrees with Council Member Jones in regards to the tree trimming and how it prevented bigger messes during the recent storm.
Motion by Jones to adjourn the meeting at 7:37 p.m. The motion carried by the affirmative action of all council members present.
ADJOURNMENT. The meeting was adjourned at 7:37 PM.
APPROVED:
Paul Llanez, Mayor
ATTEST:
Sara Blevins, Assistant City Clerk
26 TO:
FROM:
DATE:
LOsBanos
At tl1e Crossroads of Calijor11ia
Agenda Staff Report
Mayor Llanez and City Council Members
William A. Vaughn, City Attorney
February 21, 2024
SUBJECT: Cresthills Sewer Spill/CCID Claim/Invoice
TYPE OF REPORT: Consent
Recommendation:
Staff recommends that the City Council Approve Resolution No. __
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS BANOS ("CITY") APPROVING PAYMENT OF THE INVOICE/CLAIM FILED BY THE CENTRAL CALIFORNIA IRRIGATION DISTRICT ("CCID") FOR $65,401.98 RELATED TO THE CRESTHILLS SEWER SPILL
Background:
On Friday, January 20, 2023 City Staff became aware that a City of Los Banos owned and operated sewage pipeline ruptured underneath CCID's Main Canal at or near the Cresthills Lift Station. The first order of business was containment. The Sewer Lift Station pumps were shut-off and a Vactor (sewage vacuum) truck was brought on site to keep levels low in the wet well and avoid further sewage spill. BMPs were put in place to cover storm drains and public notices were posted the next day throughout canal to ensure public safety.
The rupture resulted in the discharge of an unknown quantity of raw sewage into CCID's Main Canal. Upon learning of the incursion of raw sewage into the Main Canal, CCI D dewatered the canal and actively assisted Los Banos in mitigating the damage 27 and remediating the spill. Throughout the duration of the event, CCID coordinated its actions with the City, communicating primarily with then- Public Works Director Nirorn Than.
Discussion:
On May 19, 2023 CCID submitted an invoice/claim for actions taken by CCID as a result of the incident. CCID's invoice to Los Banos includes charges associated with the following:
• Immediately mobilizing a CCID contract excavator to assist in canal remediation. o Brazil LoBed Invoice.
• Immediately mobilizing CCID equipment to assist in onsite canal remediation o CCID Truck, Equipment, Excavator, Move Charges.
• Deploying CCID employees onsite to assist in remediation. o CCID employee and overtime hours.
• Engaging Expert Consultants to assist in evaluating sewage incursion impacts and developing a comprehensive response to enable CCID to mitigate possible impacts to customers.
o BSK Associates, and West Yost Professional Services.
• Engaging Experts to assist in testing soil samples obtained from CCID's Main Canal.
o UC Regents/ Sampling Containers.
o Assorted charges for bags and sharpies.
• Engaging CCID legal counsel to assist in assessing obligations and spill response.
• Providing water for flushing the CCID Canal to eliminate residual harmful constituents.
Itemized invoices for each of the foregoing charges are enclosed hereto.
The Invoice/claim includes a charge of $45,020.00 associated with the use of 500 acre feet of CCID water supply at a rate of $90.40 per acre foot. Use of CCID's water supply to "flush" the Main Canal with a source of clean water constituted the least cost alternative acceptable to CCID to provide remediation of potential sewage discharge impacts to CCID's Main Canal.
Conclusion:
Staff has reviewed the foregoing and believes CCID's Invoice reflects a reasonable and accurate itemization of costs incurred by CCID associated with the Sewer spill event. The City has submitted the CCID invoice/claim along with expenses incurred by the City to its insurer as part of the City's claim under its pollution policy.
The City's claim is under review by the insurer.
28 Fiscal Impact:
This invoice/claim will be paid from the Wastewater Collection Fund, which is an Enterprise Fund, funded by user fees.
Attachments:
Invoices
Draft Release
Proposed Resolution
Brent Kuhn, Interim Finance Director
29 THIS PAGE IS INTENTIONALLY LEFT BLANK
30 ATTACHMENT 1
31 :_ ~ - - . • ·c.usTOMER INVOICE
Customer# LOSBCI
1/27/2023; City of Los Banos
Sewer Leak
Man Hours
City of Los Banos
520 J Street
Los Banos, CA 93635
Man Hours - Overtime
/Truck #103
"Backhoe #9
Excavator #3
Truck #85
Dump Truck #104
Truck #38
Excavator #5
!Move Charge - Backhoe
Move Charge
Sorensen's: Barricades
BSK Associates
Walmart: Ziploc Bags & Sharpies
Brazil Lo-Bed
West Yost: Professional Services
Invoice#
Invoice Date
J 23-014
5/19/2023
500.000
122.000
9.000
5.000
1.000
10.000
5.000
2.000
2.000
8.000
1.000
2.000
1.000
1.000
1.000
1.000
1.000
CENTRAL CALIFORNIA
IRRIGATION DISTRICT
1335 West I Street
P.O. Box 1231
LOS BANOS, CALIFORNIA 93635
(209) 826-1421
All bills unpaid after 30 days are subject to a
1% per month penalty, compounded monthly.
55.000 495.00
40.000 200.00
40.000 40.00
60.000 600.00
40.000 200.00
35.000 70.00
25.000 50.00
60.000 480.00
40.000 40.00
60.000 120.00
26.870 26.87
681.920 681.92
12.170 12.17
1,126.250 1126.25
6,446.590 6446.59
<k" Detach and return the bottom remittance portion with your payment. <k" Customer# LOSBCI
City of Los Banos
520 J Street
Invoice# J 23-014
Invoice Date 5/19/2023
Los Banos, CA 93635
Total Now Due and Payable $65,401.98
Amount Enclosed 1.... $ _______ _,
32 Continued Items for City of Los Banos
Description Qty Rate Amount
UC Regents: Assessing Bacterial impact of sewage 1.000 4,750.000 4750.00 leak
Minasian: Legal Services
1.000 577.500 577.50
Sampling Containers
1.000 195.680 195.68
Total $65,401.98
33 BRAZILL0-8ED
17608 Diana Rd
Los Banos, CA 93635 US
2()9.769-6102
[email protected]
INVOICE
BIU. TO
Central Caflfomia Irrigation
District
PO Box 1231 .
Los Banos, CA 93635
••• ,.iiii~'.0.~l~Jf -~
po ,1,.).a,
INVOICE# 15554
DATE 01/23/2023
DUE DATE 02/22/2023
TERMS Net30
Bonus #8 Deere 300 excavator from CCID shop delivered to 2.75 175.00 481.25 Purple Snyder rd W.of Whitworth
.................................................. ·-· --·. ---· ......... ___ .,_ ................ ---........... --··--··-.............................................. --.. ·-........................... ..
P0#11829 BALANCE DUE $481.25
Job#
Approved ~i ~--
34 .. BRAZILL.0-BED
17608 Diana Rd
Los Banos, CA 93635 US
209-769-6102
[email protected]
INVOICE
BILL TO
Central Califomla Irrigation
District
PO Box 1231
Los Banos, CA 93635
After
HOUIS
#8 Dee1& 300 excavator from Snyder rd W. of •
Whitworth delivered to Center Ave., Los Banos
P0#11629 BALANCE DUE
Job#
lo 11,~o,
INVOICE# 15553
DATE 01/20/2023
DUE DATE 02/19/2023
TERMS Net30
3 215.00 645.00
$645.00
___ 4 ____ ., _ ____ ,,_· --
35 \
UNIVERSITY OF CALIFORNIA, DA VIS
BliRKIILl!Y • DAVIS • IRVIND • LOSANGEU!S • NBRCED • lUVERSlDI! • SAN DJE00 • &ANPRANCISOO SANTA~ • SANI'ACIUJZ
SCHOOL OF VETBRJNARY MEDICINE
TELPJ>HONB{S30) 7S2-1358
FAX (S30) 752-4278
2/6/2023
Jarret Martin, CCID:
1089 VBTBIUNAllYMBDICINE DR.
DAVIS, CALIFORNIA9'616-8743
Here is the cost estimate for assessing the bacterial impact of the sewage leak on CCID Irrigation water and underlying canal sediment at 11 field sites, which will generate 25 total samples (11 water, 11 sediments, 3 controls).
For each field sample of water or sediment, we will (1) enumerate the concentration of fecal coliforms and indicator E. coli, (2) qPCR screen with culture-confirm for the presence-absence of Salmonella and E. coll O157:H7, and (3) qPCR screen with culture confirm for the presence of stx 1/2 In E.coli carrying 026, 045, 0103, 0111, 0121, or 0145 antigen (STECs). In addition, we will PCR_screen forthe·human-speclfic genetic marker of the genus Bacteroides (MST for human feces) in up to 8 field samples chosen after consultation with CCID and Kathryn Gies. When the laboratory work is finalized, we will summarize the results into a short report.
Field sampling supplies and laboratory-analytical reagents and supplies: $1500 Personnel: $3250
Total: $4750
If this estimate is acceptable, and once the work above is completed to CCID's satisfaction, CCID will issue a check to "UC Regents" with a short note indicating, "These funds are an unrestricted gift to support Dr. E.R.
Atwill's research on irrigation water quality in california." Please mail check and short note to my home address below; I will then give it to my academic department's grant person the next time I am in the office at UC Davis (mid-March, 2023).
Rob Atwill
28101 Hunter Creek Road
Gold Beach, OR 97444
Sincerely,
Edward R. Atwill, D.V.M., M.P.V.M., Ph.D.
Director, Veterinary Medicine Extension
Professor of Epidemiology and Medical Ecology
4207 Vet Med 3B
School of Veterinary Medicine
University of califomia-Davis
Davis, CA 95616
Account#
P.O. -----......,.,-Extn~
5 7 J 36 'o)3- DI 4
# -----------
Job#
A~
36 7 FINAL INVOICE
.:,.®
ASSOCIATES
Invoice To:
Janet Ogan
Central California Irrigation
P. 0. Box 1231
Los Banos, CA 93635
Project Info:
Client Name:
Project Name:
Central California Irrigation
Bacti
Invoice Date:
Invoice#:
Client Code:
Invoice Total:
Remit Payment To:
BSK Associates
PO BOX 51931
Los Angeles, CA 90051-6231
(559) 497-2888 ext. 111
Attn: Laboratory Accounting
Work Order Info:
Received: 02/01/2023
02/07/2023
AG03005
Cenlr1421
$188.50
Project#:
Project Mgr:
Quantitray Coli & E. Coli Testing
Drew Guintini
BSK Rep: Sarah K. Guenther
Work Order(s): AGB0072
Bid: 1 A_15% discount
Analysis/Oascripti011 Quantity Matrix TAT TAT Surcharge Unit Cost Extended Cost Quanti-Trsy 2000 • SW Colifonn and E. Coli (8 Hr}
AddlUonal Items
Certification, Material and Disposal Fee-WorkOrder
7 P.O.
Account#
Water STD $25.50
$10.00
Invoice Total:
# __________ _
Job ft
BSKAssociates accepts VISA/MC with $25 minimum services.
NOTICE: PAY FROM THIS INVOICE. Payment due IN FULL thirty (30) days from 02/07/2023 All charges are dll8 an<l payable in rul! upon recelpl and an, considered delinquent thirty (30) days from dale of invoice. This is nol ifllended to be a revolving credit transaction. Due lo the dillirohy and lmpracticatily of ascertaining precise damages for the colledlon accounts nol llmely paid . deijnquenl aceounls are subjecl lo an interest charge of .83% per month (10% per annum) & a senncs/rebilling charge of .67% per monlh (8% per annum), for a combined monthly charge of 1.5% (18%/annum). BSK AsSOciates {BSK Analytical Laboralories) ShaU be entitled lo recover on delinquanl aceounts, cos IS of collection and attomey's fees inCUtTl!d prior lo or In lillgation, & Whelher litigation is concluded in judgement seltlement. compromise, or otherw,se. FEDERAL TAX ID It: 94-1633676. Questions regarding invoice phone (559) 497-2B88 ext. 111.
Printed: 2/7/2023 3:56:38PM
BSKAssociates I 1414 Stanislaus Street I Fresno, CA 93706 I 800-877-8310 I bskassociates.com $178.50
$10.00
$188.50
37 FINAL INVOICE
' ::.®
ASSOCIATES
Invoice To:
Janet Ogan
Central California Irrigation
P. 0. Box 1231
Los Banos, CA 93635
Project Info:
Client Name:
Project Name:
Central California Irrigation
Bacti
Invoice Date:
Invoice#:
Client Code:
Invoice Total:
Remit Payment To:
BSK Associates
PO BOX 51931
Los Angeles, CA 90051-6231
(559) 497-2888 ext. 111
Attn: Laboratory Accounting
Work Order Info:
Received: 02/01/2023
02/07/2023
AG03002
Centr1421
$493.42
Project#:
Project Mgr:
Fecal Coliform Testing
Drew Guintini
BSK Rep: Sarah K. Guenther
Work Order(s): AGB0075
Bid: 1 A_ 15% discount
Analysis/Description Quantity Matrix TAT TATSurcharge Unit Cost Extended Cost 3X5 Fecal Coliform
Additional Hems
Certification, Material and Disposal Fee-WorkOrder
BSK Associates accepts VISA/MC with $25 minimum services. 7 Water Rush $13.81 (25%) $55.25
$10.00
Invoice Total:
P.O.
Account#
# ___________ _
Job#
Approv,.d o/-~
NOTICE: PAY FROM THIS INVOICE. Payment due IN FULL thirty (30) days from 02/07/2023 All charges are duo and payable in full upon reeeipl and are considered delinquent lhirty (30) days from dala of invoice. This is not Intended lo be a ,evolving crcdil transaction. Due lo the difficulty and lmpractlcaHty or ascertaining precise damages ror !he collecUon eccounls nol llmely paid , deUnqllilnl accounts are subjecl lo an Into rest charge or .83% per monlh (10% per Mnum) & a ser,ice/rehllling charge of .67% per monlh (8% per annum). for a combined monthly charge of 1.5% (18%/annum). BSK Associales (BSK Analytical laboralories) •hall be enUlled lo recover on delinquenl accounts, cos ls or collection and atlomeys fees incurred prior to or in liligallon, & v.!lelher litigation is conclude<! in judgement, settlemenl, compromise, ur otherwiSe. FEDERAL TAX JO#: 94-1633676. Quosuons regarding invoice phOM> (559) 487-2888 oxt. 111 .
Printed: 2/7/2023 3:53:01PM
BSK Associates I 1414 Stanislaus Street I Fresno, CA 93706 I B00-877--8310 I bskassociales.com $483.44
$10.00
$493.42
38 • Sqrensen',s True Value
402 Washington Ave
Los Banos, CA 93635
CONTRACT
NUMBER
DATE AND
TIMEIN
DATE AND
TIMEOUT
15957
02/21/2023
INVOICE
NUMBER
20129
10.13 AM
RENJ8iN~f8~~~TO 02/13f
20~t)RESS Aj}~~~UIPMENT WILL BE USE
Closed Contract/Invoice
Account#: 10890
C.C.1.0.
P.O. BOX 1231
LOS BANOS, CA 93635
209-826-1421
WRITTEN BY CHECKED IN BY AUTHORIZED RENTER
CLERK CLERK
CAR LICENSE NUMBER ORivER'S tlCENSE NUMBER P. 0. NO. OR JOB NO. )0000{ 2288
ITEMS RENTED AND.'OR SOLO
JOB LOCATION
OAiE ANO TIME DUE IN
02/13/2023111-S•PM
Item# Description Qty Out/ In Rates M W D H Date& Time In Amount 48-012-00 BARRICADE, GALVAN STL WILT 0 4 WKL 4.00 1 1 0.55 02/2112023 10.13 AM Quantity Rtnd/AmtChgd: 4/ 24.73
Replace this text with any advertising message you want printed on the contract DAMAGE WAIVER CHARGE (OWC) 12.Q°"'
OF RENTAL CHARGE. RENTER MAY, BY INITIALS
HEREON, DECLINE BENEFITS OF PARAGRAPH
10, DAMAGE WAIVER, ON REVERSE SIDE OF
THIS CONTRACT.
owe IS NOT INSURANCE. DECLINE
(INITIALS
PROMPT RETURN OF YOUR RENTAL SAVES
YOU MONEY. ALL TIME IS CHARGED INCLUDING
SATURDAY, SUNDAY AND HOLIDAYS.
I have read and understand the terms and conditions on both sides of this agreement and certify that those printed on the other side are B!Jreed to as If printed above my signature. There are no oral or other representations not included herein. Unless declined, I also agree to the damage waiver charges. I have received a copy of this agreement. # ----- - -------
Job#
Approve~ff-:
Total Rental
Damage Waiver
Subtotal
Sales Tax
Total
Lessee's Signature _ _________ ________ _
Written: 02/13/2023, Last Adj.: 02/21/2023, Time: 10:13
24.73 39
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Account#. ~~-O/f
#
Job#
Appro~ _
=====-
40 W EST. YOST
Water. Engineered .
Mr. Jarrett Martin
General Manager
Central California Irrigation District
P.O. Box 1231
Los Banos, CA 39635
Invoice Number:
Client Project:
WY Project No:
Contract Amount:
Job Name:
Professional Services from Janua rv 7. 2023 to February 3, 2023 Previously Billed :
Total This Period :
Remit Payment To:
PO Box2158
Davis, CA 9S617
January 31, 2023
2052534
1080-50-23-01
10,000.00
Engineering Support Services
Total Amount Billed to Date Including This Invoice :
0.00 2,287.00
2,287.00
Amount Remaining in Contract : 7,713.00
Task 001 As Needed Support
Professional Personnel
Eng/Scientist/Geologist Manager II
Technical Specialist I
Technical Analyst II
Totals
Total Labor
Description of Services:
Project initiation. Coordination with District regarding sampling.
Please direct questions to:
Project Manager Kathryn Gies ()
Principal Jeffrey Pelz Ol){
Hours Rate Amount
4.00 334.00 1,336.00
1.50 178.00 267.00
4.50 152.00 684.00
10.00 2,287.00
2,287.00
Total this Task $2,287.00
Total this Invoice $2,287.00
i ::ount# - - 5'1-:---\').,._0_ &1¥
el # ______ _
fob#
/
Appf§W~:,g;--ez~ o/~ .
41 WEST. YOST
Water. Engineered.
Mr. Jarrett Martin
General Manager
Central California Irrigation District
P.O. Box 1231
Los Banos, CA 39635
Invoice Number:
Client Project:
WY Project No:
Contract Amount:
Job Name:
Remit Payment To:
PO Box 2158
Davis, CA 95617
February 28, 2023
2052930
1080-50-23-01
10,000.00
Engineering Sup po rt Services
Professional Services from February 4. 2023 to March 3. 2023 Task 001
Professional Personnel
Technical Analyst II
Totals
Total Labor
Reimbursable Expenses (Units)
Previously Billed :
Total This Period:
Total Amount BIiied to Date Including This Invoice :
Amount Remaining In Contract :
As Needed Support
Hours
16.75 16.75
Rate
152.00
Amount
2,546.00
2,546.00
2,287.00
2,748.40
5,035.40
4,964.60
2,546.00
Mileage 202.40
Total Reimbursable Expenses (Units) 202.40
Total this Task $2,748.40
Total this Invoice $2,748.40
Description o( Services:
Performed sampling on 2/10/2023.
Please direct questions to:
Project Manager Kathryn Gies
Principal Jeffrey Pelz ~?
Job#
Approv:9~
42 WEST.YOST
Water. Engineered.
Mr. Jarrett Martin
General Manager
Central California Irrigation District
P.O. Box 1231
Los Banos, CA 39635
Invoice Number:
Client Project:
WY Project No:
Contract Amount:
Job Name:
Remit Payment To:
PO Box2158
Davis, CA 95617
March 31, 2023
2053198
1080-50-23-01
10,000.00
Engineering Support Services
Professional SeNlces from March 4, 2023 to April 7, 2023 Previously Billed :
Total This Period :
Total Amount Billed to Date including This Invoice :
Amount Remaining in Contract :
5,035.40
1,411.19
6,446.59
3,553.41
Task 001 As Needed Support
Professional Personnel
Technical Analyst II
Totals
Total Labor
Reimbursable Expenses (Units)
Hours
8.00 8.00
Rate
152.00
Amount
1,216.00
1,216.00
1,216.00
Mileage 195.19
Total Reimbursable Expenses (Units) 195.19
Total this Task $1,411.19
Total this Invoice $1,411.19
Description o( Services:
Performed sampling on 3/10/2023.
Account#
Please direct questions to: # _______ _
Project Manager Kathryn Gie~f
Principal Jeffrey Pelz V v
43 THIS PAGE IS INTENTIONALLY LEFT BLANK
44 ATTACHMENT 2
45 RELEASE
This Release is executed on February __ , 2024, by Central California Irrigation District, of 1335 West I St., Los Banos, California ("Releasor"), in favor of City of Los Banos, 520 J. Street, Los Banos, California ("Releasee").
RECITALS
A. Releasor is the owner and operator of the Central California Irrigation District Main Canal, located in Merced County California, and traversing the City of Los Banos (the "Property" or "CCID Main Canal").
B. In January 2023, a sewer lateral owned and operated by Releasee ruptured immediately underneath the CCID Main Canal, causing a release of untreated raw sewage into the CCID Main Canal. Releasor incurred costs remediating damage associated with the release of untreated raw sewage.
C. Releasor is willing to release Releasee from all past and present claims for all such remediation costs on the terms set forth in this release.
Now, therefore, in consideration of Sixty Five Thousand Four Hundred One Dollars and Ninety Eight Cents ($65,401.98), receipt of which is acknowledged by Releasor, Releasor releases and discharges Releasee from any and all claims, demands and causes of action that Releasor ever had or that Releasor has or may have on the date of this release, known or unknown, arising from the above-described discharge of raw sewage into CCID's Main Canal that occurred in January 2023. It is understood that this release shall inure to the benefit of releasee and its successors, assigns and insurers, and that it shall bind releasor and releasor's heirs, legal representatives, assigns and successors in interest to the above-described real property.
Releasor has executed this release at Los Banos, California, on the day and year first above-written.
CENTRAL CALIFORNIA IRRIGATION DISTRICT
By: - --- --- ----------
Its: -----------------
46 RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS BANOS ("CITY") APPROVING PAYMENT OF THE INVOICE/CLAIM FILED BY THE CENTRAL CALIFORNIA IRRIGATION DISTRICT ("CCID") FOR $65,401.98 RELATED TO THE CRESTHILLS SEWER SPILL
WHEREAS, CCID submitted an invoice/claim to the CITY for reimbursement for expenses incurred by CCID arising from the Cresthills Sewer Spill; and WHEREAS, Staff has reviewed the invoice/claim and has recommended payment of the invoice /claim in the amount of $65,401.98, subject to CCID providing the CITY with a Release.
NOW THEREFORE BE IT RESOLVED
1. The City Council authorizes the payment to CCID in the amount of $65,401.98, subject to CCID providing the CITY with a Release in a form approved by the City Attorney.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 21st day of February 2024, by City Council Member _ ___ , who moved its adoption, which motion was duly seconded by City Council Member ____ , and the Resolution was adopted by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
Paul Llanez, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
47 THIS PAGE IS INTENTIONALLY LEFT BLANK
48 TO:
FROM:
DATE:
LOsBanos
Al the C ossroads o_f California
Agenda Staff Report
Mayor & City Council Members
Carlos Granillo, Public Works Operations Manager
February 21, 2024
TYPE OF REPORT: Consent Item
SUBJECT: San Joaquin Valley Air Pollution Control District Public Benefit Grant Program -New Alternative Fuel Vehicle Purchase
Recommendation:
Staff recommends that City Council (1) approve the submittal of a grant application to the San Joaquin Valley Air Pollution Control District (SJVAPCD) Public Benefit Grant Program for the New Alternative Fuel Vehicle Purchase program for the purchase of Five (5) hybrid vehicles; and (2) authorize the City Manager, or designated representative, as agent of the City of Los Banos to execute and submit all necessary documents described in the attached resolution.
Discussion:
SJVAPCD is seeking applications for $20,000 per vehicle for the purchase of alternative fueled vehicles to be used by cities, counties, special districts, and public educational institutions located within the geographic area of the SJVAPCD. Any vehicle purchased through this grant program must be based and have at least seventy-five (75%) or more of the vehicle miles traveled or fuel consumption within the geographic area of the SJVAPCD. The vehicles must also remain under the ownership of the contracted applicant for the full term of the three-year contract.
The City of Los Banos is requesting the purchase of Five (5) hybrid vehicles through the grant. Staff is proposing to purchase Five (5) Toyota Prius Prime vehicles; two (2) to be 49 used by the Public Works Department, One (1) Parks and Recreation Department, One {1} Fire Department and One (1) City Hall. These vehicles will be used by staff as pool vehicles; to attend meetings, planned events and interdepartmental deliveries.
FISCAL IMPACT:
The cost breakdown is as follows pending the approval of the grant application:
Total Estimated Cost for Five (5) Toyota Prius Prime
Total Grant Funds ($20,000 per vehicle x 5)
Net Cost to City for purchase of Five (5) vehicles
=
=
=
$ 181,581.60
$ 100,000.00
$ 81,581.60
The grant instructions state that the "applicant must not purchase and/or take delivery of the new vehicle(s) until obtaining an executed contract with the SJVAPCD. A contract is not deemed executed until all parties have signed. Any new vehicle purchased and/or delivered prior to contract execution is ineligible for program funding." Staff will apply for the grant following approval and signed resolution from City Council and will wait for approval from the SJVAPCD prior to any vehicles being purchased for the grant. Once the vehicles have been purchased in full by the City, staff will submit for reimbursement of $20,000 per approved vehicle through the grant contract.
ATTACHMENTS:
Resolution
SJVAPCD Application Guidelines
SJVAPCD Grant Application
Price Quote
Brent Kuhn, Interim Finance Director
50 RESOLUTION NO. __
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LOS BANOS AUTHORIZING
THE APPLICATION AND ACCEPTANCE OF
SAN JOAQUIN VALLEY AIR POLLUTION
CONTROL DISTRICT PUBLIC BENEFIT
GRANT PROGRAM FUNDS
WHEREAS, the San Joaquin Valley Air Pollution Control District (SJVAPCD) has authorized the establishment of the Public Benefit Grant Program New Alternative Fuel Vehicle Purchase, which provides funds up to $20,000 for new alternative fueled vehicles;
WHEREAS, the purchase and use of alternative fuel vehicles can assist the SJVPCD in attaining federal and state air quality standards by emitting less pollutants and emissions; and
WHEREAS, said adopted procedures established by the SJVAPCD requires the applicant to certify by resolution the approval of applications prior to submission of said applications to the SJVAPCD; and
WHEREAS, the City of Los Banos is consistent with the application requirements of the Public Benefit Grant Program of the SJVAPCD; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos hereby authorize the City Manager, or designated representative, as agent of the City of Los Banos to execute and submit all necessary documents, based upon the terms outlined in the staff report to City Council dated February 21, 2024 The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 21st day of February 2024, 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
51 ATTEST:
Lucille L. Mallonee, City Clerk
52 IIJ San Joaquin Valley - AIR POLLUTION CONTROL DISTRICT
PUBLIC BENEFIT GRANTS PROGRAM
New Alternative Fuel Vehicle Purchase
Eligibility Criteria and Application Guidelines
The San Joaquin Valley Air Pollution Control District (SJVAPCD) is currently accepting applications from public agencies requesting funding, up to $20,000 per vehicle, for the purchase of new alternative-fuel vehicles. For additional information, assistance, or to receive application materials, please contact:
San Joaquin Valley Air Pollution Control District
Strategies and Incentives Department
1990 East Gettysburg Avenue
Fresno, CA 93726-0244
You may also contact us by phone or e-mail, or visit our website at:
Please Note the Following:
(559) 230-5800
[email protected]
www.valleyair.org
• All projects will be considered on a first-come, first-serve basis. • As with all SJVAPCD incentive programs, you may not order or purchase any new vehicle prior to obtaining an executed contract with the SJVAPCD. Any new vehicle purchased prior to contract execution is ineligible for funding.
• Reimbursement takes place after the new vehicle is purchased and all required documents, as specified in the SJVAPCD Public Benefit Grants Program Payment Procedures, are submitted to the SJVAPCD.
53 SJVAPCD Public Benefit Grants Program
ELIGIBILITY CRITERIA
The purpose of this program is to fund the purchase of new electric, plug-in hybrid, or alternative fuel vehicles for public agencies to promote clean air alternative-fuel technologies and the use of low- or zero-emission vehicles in public fleets.
❖ The applicant must:
• Be a public agency such as cities, counties, special districts (i.e. water districts, irrigation districts, etc.); public educational institutions (i.e. school districts, community colleges, state universities, etc.) or any other public agency as defined by Government Code section 6252, including those agencies provided for in Article IV and Article VI of the California Constitution, that are located within the geographic area of the SJVAPCD (see map on page 9 for boundaries). • Submit by mail or hand-deliver all original completed applications to the SJVAPCD's Strategies and Incentives Department at the address listed on Page 1 of these guidelines. Copies and/or faxes will not be accepted.
• Provide a resolution from the applicant's governing body (i.e. City Council or County Board of Supervisors), or other documentation signed by a duly authorized official with authority to make financial decisions, authorizing the submittal of the application and identifying the individual authorized to implement the new vehicle project.
• Commit to a three (3) year contract period.
• Own and operate the vehicle(s) for the full term of the contract. • Have existing charging/fueling infrastructure or have access to existing infrastructure to accommodate the new vehicle(s). If existing charging/fueling infrastructure is currently not available or accessible, applicant must be able to demonstrate its availability or accessibility by the time the vehicle(s) will be purchased.
• Adhere to all program requirements during the contract period. • Maintain replacement value insurance for the vehicle(s) through the full term of the contract. • Submit a copy of Internal Revenue Service (IRS) Request for Taxpayer Identification Number and Certification Form W-9 (Form W-9).
• Ensure each new vehicle purchased comes with a standard manufacturer warranty. • Submit annual reports to the SJVAPCD through the full term of the contract as well as comply with record keeping and audit requirements. This includes retaining copies of current vehicle registration (if applicable) and insurance.
• Agree to allow the SJVAPCD to inspect the new vehicle at any time during the contract period. • Properly maintain the new vehicle according to the manufacturer's recommendations to ensure good operating condition.
• Disclose any additional funding sources or other financial incentive(s) and funding amounts received or to be received by the applicant towards the purchase of the vehicle(s) in this project. • Have match funding available to complete the project in a timely fashion. • Sign a legally binding contract with the SJVAPCD agreeing to the project milestones and completion deadlines prior to funding being awarded.
Application Guidelines
New Vehicle Purchase
Page2 of10
Approved March 2013
54 SJVAPCD Public Benefit Grants Program
❖ The new vehicle must:
• Be owned and operated by the applicant.
• Be a new Original Equipment Manufacturer (OEM) electric, plug-in hybrid, or alternative fuel vehicle(s).
• Be deemed eligible by SJVAPCD staff. Eligible light- and medium-duty vehicles can be found on the New Alternative Fuel Vehicle Purchase Component Light- and Medium-Duty Eligible Vehicle List found on the Public Benefits homepage at:
http://www.valleyair.org/Grant Programs/ GrantPrograms.htm#PublicBenefitGrantProgram.
Other vehicle types, such as alternative fueled transport/utility carts, scooters, bicycles, etc. may be eligible. Please contact SJVAPCD staff if you have questions regarding vehicle eligibility. • Have a Gross Vehicle Weight Rating (GVWR) less than or equal to 14,000 pounds. • Be domiciled and have at least seventy-five percent (75%) or more of the vehicle miles traveled or fuel consumption within the geographic area of the SJVAPCD (see map on page 9 for boundaries).
❖ General Information:
• Applicant must not purchase and/or take delivery of the new vehicle(s) until receiving an executed contract with the SJVAPCD. A contract is not deemed executed until all parties have signed. Any new vehicle purchased and/or delivered prior to contract execution is ineligible for program funding.
• Funds will be awarded on a first-come, first-serve basis utilizing regional allocations based on county population and/or other regional factors. In the event that applications submitted exce~d the available funding, projects will be awarded based on SJVAPCD discretion until funds are exhausted.
• Applicants are restricted to the following limitations:
■ Applicants may apply for up to $20,000 for each new vehicle. ■ Maximum funding per applicant is $100,000 per calendar year. • Multiple applications may be submitted throughout the calendar year for the Public Benefit Grants Program New Alternative Fuel Vehicle Purchase Component from the same applicant; however, funding will be limited to the above.
• The applicant shall not submit other applications for funding for the same vehicle under this Program or any other SJVAPCD incentive programs.
• All applications received will be subject to a review process, which will include the following:
■ Assignment of a unique project number.
■ Verification of the applicant's eligibility to participate in the Program. ■ Verification that the proposed project is consistent with these guidelines. ■ Determination that all information necessary to calculate benefits and costs is included.
Application Guidelines
New Vehicle Purchase
Page3o/10
Approved March 2013
55 SJVAPCD Public Benefit Grants Program
• Unless written notification is provided stating otherwise, all applications submitted to the SJVAPCD will remain active and will be funded in the order received pending the availability of funds.
• Payments shall be made to the applicant only after a completed claim for payment has been received by the SJVAPCD along with all supporting documentation as specified in the SJVAPCD Public Benefit Grants Program Payment Procedures.
• Allow up to 60 working days from the time a claim for payment is deemed complete to receive reimbursement.
• Remedies for project non-performance may include, but are not limited to:
• Recovery of all or a portion of the program funds.
• Other fiscal penalties on the vehicle owner based on the severity of non-performance. • Cancelation of the contract.
• Prohibiting the applicant from participating in future SJVAPCD incentive programs.
APPLICANT RESOURCE WEB PAGE
To assist applicants participating in the SJVAPCD's Public Benefit Grants Program, the SJVAPCD has developed an Applicant Resource web page. This page contains links to distributors and local dealers familiar with the requirements of the Program. The information and contacts within these links can assist you in obtaining all of the information necessary to fulfill the requirements of the Program. When preparing an application, we advise that you utilize the information presented within the links on this page. By submitting complete application packets with accurate information, we can reduce the amount of time and resources necessary to process your application.
Please note that the manufacturers, distributors, and dealers represented on this page have not been "approved" by the SJVAPCD nor do they represent an exhaustive list of available resources. If you are an engine manufacturer, distributor, or dealer and you wish to be included on the Applicant Resource web page, please contact the SJVAPCD's Strategies and Incentives Department.
The Applicant Resource web page can be found at www.valleyair.org under the "Grants and Incentives" tab.
Application Guidelines
New Vehicle Purchase
Page4of 10
Approved March 2013
56 SJVAPCD Public Benefit Grants Program
APPLICATION GUIDELINES
❖ Fill out the application completely and as accurately as possible. All fields are required unless otherwise indicated. Do not leave any fields blank as it lengthens the processing timeframe associated with the application and delays funding.
❖ All required signatures must be in blue ink, as a way to identify them as original. ❖ A~ of the following items must accompany the application at the time of submittal in order for the application to be deemed complete:
• Internal Revenue Service (IRS) Request for Taxpayer Identification Number and Certification Form W-9 (Form W-9).
• The information entered into the Applicant Information section of the application must be identical to the information on Form W-9, as this information will be used to generate all binding documents and be used to report incentive funding to the IRS. • A copy of the IRS Form W-9 is attached to this document. The Form can also be downloaded at www.irs.gov or by calling 1-800-829-3676. • Dated and itemized dealer quote for the new vehicle(s) that includes the following information:
• Applicant name and address.
• Dealer name and address.
• Specific vehicle and engine information, including make, model, model year, horse power or watts, and vehicle Gross Vehicle Weight Rating (GVWR). • Complete and detailed breakdown of all costs: new vehicle, additional options, sales tax (with percentage rate indicated), warranty, license fees, etc. • Resolution from the Applicant's governing body (i.e. City Council or County Board of Supervisors), or other documentation signed by a duly authorized official with authority to make financial decisions, authorizing the submittal of the application and identifying the individual authorized to implement the new vehicle project.
• If the applicant currently does not have existing charging/fueling infrastructure available or accessible for the new vehicle(s) purchased through this program, please submit documentation which demonstrates future availability/accessibility and specifies the timeframe when infrastructure will be available/accessible.
STEP-BY-STEP APPLICATION GUIDANCE
This section outlines the information requirements for each field of the application. If you need additional assistance, please contact the Strategies and Incentives Department and a staff member will assist you.
Applicant Information
1. Public Agency Name
Identify the legal name of the public agency that will enter into a contract with the SJVAPCD.
The information entered into this section of the application must be identical to the Application Guidelines
New Vehicle Purchase
Pages o/10
Approved March 2013
57 SJVAPCD Public Benefit Grants Program
information on IRS Form W-9, as this information will be used to generate all binding documents and be used to report incentive funding to the IRS.
2. Tax ID
Provide the Taxpayer Identification Number (TIN) entered in IRS Form W-9, in the form of an employer identification number. The applicant's name and TIN will be used to report incentive funding to the IRS. The SJVAPCD cannot give tax advice; please contact a tax professional or the IRS to determine the tax consequences associated with receiving incentive funding.
3. - 6. Address
Provide the physical address where the applicant is located, including: number and street name, city, state, and ZIP code.
7. - 10. Mailing Address
Provide the mailing address used by the applicant. If the physical and mailing addresses are the same, simply write "same." All correspondence generated by the SJVAPCD, including the contract, and annual reports, will be sent to the mailing address.
11. Have you applied to any other grant programs for any vehicle in this application? Check whether or not you have applied for additional grant funding other than through this program. If yes, please provide the name of the grant program.
Primary Contact Information
1. First Name
Provide the first name of the person that will serve as the primary contact to the SJV APCD through the full term of the contract. All questions related to the project will go to this individual.
2. Last Name
Provide the last name of the person that will serve as the primary contact to the SJVAPCD through the full term of the contract. All questions related to the project will go to this individual.
3. Title
Specify the job title of the primary contact.
4. E-mail
Provide the E-mail address of the primary contact, if one is available.
5. Phone Number
Provide the main phone number, including area code, for the primary contact.
6. Alternate Contact Number
Provide an alternate phone number, including area code, where the primary contact can be reached, if one is available.
Application Guidelines
New Vehicle Purchase
Poge6 o/10
Approved March 2013
58 SJVAPCD Public Benefit Grants Program
7. Fax Number
Provide the fax number, including area code, for the primary contact, if one is available.
Contract Signing Authority
1. First Name
Provide the first name of the person authorized by the public agency that will enter into a binding contract with the SJVAPCD.
2. Last Name
Provide the last name of the person authorized by the entity that will enter into a binding contract with the SJVAPCD.
3. Title
Specify the job title of the person authorized by the entity that will enter into a binding contract with the SJVAPCD.
New Vehicle Information
If applying for more than one vehicle make and model, please copy and complete pages 2 and 3 for each additional vehicle make and model. For example, if applying for one Ford Focus Electric and three Honda Fit EVs, then pages 2 and 3 must be completed twice, once for the Ford Focus Electric and once for the Honda Fit EVs.
1. Number of Vehicles
Identify the number of vehicles to be purchased of one specific vehicle make and model.
2. Vehicle Type
Select one specific vehicle type, or mark "other" and specify the vehicle type.
3. - 4. Vehicle Make and Model
Provide the make and model of the new vehicle(s) to be purchased through the program. The make is the manufacturer of the vehicle, and the model is the style of vehicle. Example:
Chevrolet (make) Volt (model).
5. Vehicle Model Year
Provide the year in which the new vehicle(s) is manufactured.
6. Vehicle GVWR (must be less than or equal to 14,000 pounds) Provide the GVWR of the new vehicle(s} to be purchased through the program. The California DMV defines the GVWR as "the weight specified by the manufacturer as the loaded weight of a single vehicle." Vehicles with a GVWR greater than 14,000 pounds are not eligible for funding under this component.
7. Engine Horsepower/Kilowatts
Identify the horsepower or kilowatt rating of the engine in the new vehicle.
8. Fuel Type
Place a check mark in the appropriate box or mark "other" and specify the type of fuel to be used in the new vehicle.
Application Guidelines
New Vehicle Purchase
Approved March 2013
59 SJVAPCD Public Benefit Grants Program
9. Manufacturer's estimated range for fully charged vehicle (electric vehicles only) Provide the estimated mile range the new vehicle can travel when fully charged, if applicable.
10. Total Cost of each New Vehicle
Identify the total cost of each new vehicle; including additional options, sales tax (with percentage rate indicated), and warranty and license fees (as identified in the quote).
11. Total Funding Requested from SJVAPCD
Identify the total amount of funding requested per vehicle (maximum of $20,000 per vehicle).
12. Is there existing charging/fueling infrastructure in place for the proposed vehicle(s)? Check yes or no. If no, please describe a plan for building infrastructure or gaining access to existing charging/fueling infrastructure. If no, applicant must submit documentation explaining infrastructure as specified on Page 5 of this document.
13. How do you intend to pay for the remaining balance of the project after the grant has been applied?
Please check the appropriate box. If co-funded, please name the source. If using source other than co-funding (i.e. other grant funding), please list funding source.
New Vehicle Dealer Information
1. Vehicle Dealer Name
Provide the name of the business where you will be purchasing the new vehicle(s) associated with this application.
2. Contact/ Salesperson Name
Provide the first and last name of the person the SJVAPCD can contact regarding the purchase of the new vehicle.
3. E-mail
Provide the e-mail address of the contact/salesperson, if one is av_ailable.
4. Phone Number
Provide the phone number, including area code, of the contact/salesperson.
5. Fax Number
Provide the fax number, including area code, of the contact/salesperson, if one is available.
New Vehicle Activity Information
If applying for multiple vehicles that will be performing different activities~ please complete a separate section for each different vehicle activity.
1. Number of vehicles with same vehicle activity
Identify the number of vehicles to be purchased of one specific vehicle make and model with the same intended vehicle activity.
2. Use within SJVAPCD boundaries
Application Guidelines
New Vehicle Purchase
Page8of10
Approved March 2013
60 SJVAPCD Public Benefit Grants Program
Of the total annual miles this/these vehicles(s) will travel, provide the percentage of travel within the SJVAPCD boundaries (shown on Page 9).
3. Use within CA boundaries
Of the total annual miles this/these vehicle(s) will travel, provide the percentage of travel within CA boundaries.
4. Estimated Annual Vehicle Usage
Estimate the total annual usage per vehicle. Please specify usage in miles, hours or other unit.
5. Vehicle Vocation/Use
Specify the vocation/use for the new vehicle (examples: law enforcement, emergency services, commuting, patrol, pool vehicle, parking enforcement, etc.).
6. Please mark the reason for purchasing the new vehicle(s):
Specify the reason for purchasing the newvehicle(s) by marking one of the boxes listed.
Application Guidelines
New Vehicle Purchase
Page9o/10
Approved March 2013
61 THIS PAGE IS INTENTIONALLY LEFT BLANK
62 SJVAPCD Public Benefit Grants Program
MAP OF THE SJVAPCD
Tulare
Kern
Application Guidelines
New Vehicle Purchase
PagelOoflO
Approved March 2013
63 SJVAPCD Public Benefit Grants Program
Please return all completed applications to:
SJVAPCD Strategies and Incentives Department ■ San Joaquin Valley 1990 East Gettysburg Avenue; Fresno, CA 93726-0244 - AIR POLLUTION CONTROL DISTRICT
PUBLIC BENEFIT GRANTS PROGRAM
New Alternative Fuel Vehicle Purchase
Application
Applicant Information
1. Public Agency Name (as it appears on Form W-9):
City of Los Banos
2. Tax ID:
Taxpayer ID Number (TIN) 94-6000363
3. Address:
520 J Street
4. City: lc;A State: I 9 36235Code: Los Banos
7. Mailing Address (if different from above):
1015 F Street
8. City: lcA State: I 9 3 6235Code: Los Banos
11. Have you applied to any other grant programs for any vehicle in this application? ■ No □ Yes - Name of Grant Program(s):
Primary Contact Information
1. First Name: 2. Last Name:
Martha Brazil
3. Title: 4. E-Mail:
Administrative Coordinator [email protected]
5. Phone Number: , 6. Alternate Contact Number: , 7. Fax Number:
209-827 -7044
Contract Signing Authority
1. First Name:
Josh 1
2. Last Name:
Pinheiro
3. Title:
City Manager
Application
New Vehicle Purchase
Approved March 2013
64 New Vehicle Information- Complete a separate page for each vehicle make/model
1. Number of Vehicles:
5 2. Vehicle Type (please select one):
Electric Plug-In H~brid CNG, LNG. or LPG
o Light-light Duty Vehicle I!!: Light-Light Duty Vehicle o Light-light Duty Vehicle {GVWR 5...8,500 lbs.) (GVWR 5...8,500 lbs.) (GVWR 5_8,500 lbs.) □ Transport/Utility Cart o Light-Medium Duty Vehicle o Light-Medium Duty Vehicle o Scooter (GVWR 8,501- 14,000 lbs.) (GVWR 8,501 - 14,000 lbs.) D Bicycle □ Other (specify): o Transport/Utility Cart
o Other (specify): o Other (specify):
3. Vehicle Make: 4. Vehicle Model: 5. Vehicle Model Year:
Toyota Prius Prime SE 2024
6. Vehicle GVWR: 7. Engine Horsepower/Kilowatts:
4,475 lbs. 150 hp
8. Fuel Type:
o Electric !!I! Plug-In Hybrid OCNG o LNG D LPG o Other (specify):
9. Manufacturer's estimated range for fully charged vehicle (electric vehicles only):
10. Total Cost of each New Vehicle: 11. Total Funding Requested from SJVAPCD (pervehicle):
$36,316.32 $20,000
12. Is there existing charging/fueling infrastructure in place for the proposed vehicle(s)? ~ Yes o No If no, please describe a plan for building infrastructure or gaining access to existing infrastructure:
13. How do you intend to pay for the remaining balance of the project after the grant has been applied? 11 Co-funding (please name source): City of Los Banos
o Other (please specify):
New Vehicle Dealer Information
1. • Vehicle Dealer Name:
Fre·eway Toyota
2. Contact/ Salesperson Name: 3. E-mail:
Patrick Ireland patireland [email protected]
4. Phone Number: 5. Fax Number:
559-707-5735
Internal use only I GMS Unit(s): ______ _
Application
New Purchase
Page2of5
Approved March 2013
65 New Vehicle Activity Information- Complete a separate page for each vehicle make/model *If applying for multiple vehicles that will be performing different activities, please complete a separate section for each different vehicle activity
1. Number of vehicles with same vehicle activity:
5 2. Use within SJVAPCD boundaries: 3. Use within CA boundaries: 4. Estimated Annual Vehicle Usage (per vehicle):
90 % 10 % 8,000
5. Vehicle Vocation/Use (examples: law enforcement, emergency services, commuting, patrol, pool vehicle, etc.):
Pool Vehicles - Law Enforcement, Fire Department, Public Works Department, Parks & Recreation Department
6. Please mark the reason for purchasing the new vehicle(s):
~ Fleet Expansion - Please list the vehicle(s) you would have purchased had you not applied for this grant:
□ Vehicle Replacement - Please list the year, make, and model of the vehicle(s) to be replaced:
I!!! Other - Please specify:
To be used by City of Los Banos staff as pool vehicles: to attend meetings, planned events, and interdepartmental deliveries.
Internal use only I GMS Unit(s): ______ _
New Vehicle Activity Information
1. 2.
5. 6.
Number of vehicles with same vehicle activity:
Use within SJVAPCD boundaries: 3. Use within CA boundaries: 4. Estimated Annual Vehicle Usage (per vehicle):
% %
Vehicle Vocation/Use (examples: law enforcement, emergency services, commuting, patrol, pool vehicle, etc.):
Please mark the reason for purchasing the new vehicle(s):
□ Fleet Expansion - Please list the vehicle(s) you would have purchased had you not applied for this grant:
□ Vehicle Replacement - Please list the year, make, and model of the vehicle(s) to be replaced:
□ Other - Please specify:
Internal use only I GMS Unit(s): ______ _
Application
New Purchase
Page3 of5
Approved March 2013
66 Signature Form
Signing Authority to initial and sign in blue ink
Certifications
By initialing each of the following sections, I certify that I have read the Eligibility Criteria and Application Guidelines and agree to ALL of the following terms and conditions:
Initial
Initial
Initial
Initial
Initial
Initial
Initial
Initial
Initial
----
----
- ---
----
- ---
The new vehicle(s) will be based within the geographic area of the SJVAPCD and seventy-five percent (75%} or more of the vehicle miles traveled or fuel consumption will be within the boundaries of the SJVAPCD for at least three (3) years from the date the vehicle is placed into service.
The new vehicle(s) will be used by a public agency located within the geographic area of the SJVAPCD.
The vehicle{s) purchased is/are a new OEM electric, plug-in hybrid, or alternative fuel vehicle(s) eligible for this program in accordance with the program guidelines.
Appropriate fueling or charging infrastructure for the new vehicle(s) is or will be readily available or accessible.
Any funding received, including funding from other sources, combined with this grant will not exceed the full cost of the new vehicle(s).
Additional funding sources, or other financial incentive(s) and funding amounts to be used towards this project are disclosed on the application.
Project match funding is reasonably available to complete the project in a timely manner.
Applicant will not purchase or take delivery of the new vehicle(s) until receiving an executed contract with the SJVAPCD.
_ ___ SJVAPCD maintains the right to inspect the new vehicle(s) at any time during the contract period.
I hereby certify that all information provided in this application and any attachments are true and correct to the best of my knowledge.
Signing Authority Signature Date
Application
New Purchase
Poge4 of5
Approved March 2013
67 Application Packet Checklist
When submitting a project for consideration, submit a complete application packet. An incomplete application packet will lengthen the application processing time and delay possible incentive funding. A complete application packet includes the following items:
D Completed Application (Pages l thru 3), no required fields blank.
D Completed Signature Form (Page 4), signed in blue ink.
D First page of IRS Form W-9.
D Dated and itemized dealer quote for the new vehicle(s). • The quote must provide a breakdown of the total cost of the new vehicle and warranty (if not included in the purchase price), and include specific vehicle and engine information such as make, model, model year, engine horse power or watts, and vehicle GVWR.
D Resolution from the Applicant's governing body (i.e. City Council or County Board of Supervisors), or other documentation signed by a duly authorized official with aut hority to make financial decisions, authorizing the 5ubmittal of the application and identifying the individual authorized to implement the new vehicle project.
D If applicable, documentation which demonstrates future availability/accessibility and specifies the timeframe when infrastructure will be available/accessible. Only applicants who currently do not have infrastructure, or access to infrastructure, specific to the new vehicle(s) applied for in this project are required to submit this documentation.
Application
New Pvrchase
Pages of 5
Approved March 2013
68 W-9 Request for Taxpayer Give Form to the Form Identification Number and Certification (Rev. October2018) requester. Do not Department of 1he Treasury send to the IRS.
lntemal Revenue Service ► Go to www.irs.gov/FormW9 for instructions and the latest information. 1 Name (as shown on your Income tax return). Name is required on this line; do not leave this line blank.
City of Los Banos
2 Business name/disregarded entity name, if different from above C') 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of 1he 4 Exemptions (codes apply only to (D Cl following seven boxes. certain entities, not individuals; see "' a. instructions on page 3):
C 0 D C Corporation D S Corporation D Partnership D TrusVestate Individual/sole proprietor or 0 ·I! single-member LLC Exempt payee code flf any)
I~ 0 Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ► s 2 Note: Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check Exemption from FATCA reporting .. "iii LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unleSs the owner of the LLC is code frf any) ·f .5 another LLC tha1 is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single-member LLC that A. u is disregarded from the owner should check the appropriate box for the tax classification of its owner. is 0 Other (see instructions) ► Municipality (App/Jos to accou,ts - rurskte Iha U.S.) I 5 Address (number. street, and apt. or suite no.) See instructions. Requester·s name and address (optlonaQ i 520J Street
Cl')
6 City, state, and ZIP code
Los Banos, CA 93635
7 Lisi account number(s) here (optionaO
-= .. -- Taxpay~r Identification Number (TIN)
I Social security number Enter you~ TIN in. the app_ro~rf~te box. :h~ TIN provided must_ match t~e name given on line 1 to avoid I backup withholding. For 1nd1v1duals, this 1s generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TTN, later.
DJJ -DJ -I I I I I
or
Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter.
I Employer Identification number
94 -6000363
Certification
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me}; and
2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding M a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and
3. I am a U.S. citizen or other U.S. person (defined below}; and
4. The FATCA code(s) entered on this form Qf any) indicating that I am exempt from FATCA reporting is correct.
CertiffcaUon instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage Interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later.
Sign
Here
General Instructions
Section references are to the Internal Revenue Code unless otherwise noted.
Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FonnW9.
Purpose of Form
An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer Identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT Onterest earned or paid)
Cat. No. 10231X
Date ►
• Form 1099-DIV (dividends, including those from stocks or mutual funds)
• Form 1099-MISC (various types of income, prizes, awards, or gross proceeds)
• Form 1099-B (stock or mutual fund sales and certain other transactions by brokers)
• Form 1099-S (proceeds from real estate transactions)
• Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition)
• Form 1099-C (canceled debt)
• Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person Qncluding a resident alien), to provide your correct TIN.
If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later.
Form W-9 (Rev. 10-2018)
69 FREEWAY TOYOTA
1835 Glendale Ave
Hanford,CA.93230
City of Los Banos
1015 F St
Los Banos, CA. 93635
Attn: Dan Bronson
2/9/2024
As per your request for CA State Contract #1-22-23-l0C Line item #16 2024 Toyota Prius Prime (1235)
Doc Fee
8.75% County Sales Tax
CA Tire Tax
Delivery to Los Banos
Total
$33050.00
$85.00
$2899.32
$7.00
$275.00
$36,316.32 @ 5 =$181,581.60
TOYOTA
Protect against future mechanical or electrical issues with Toyota Platinum Extra Care $0 Deductible 5 Years/ 100,000 Miles $1130.00
6 Years/ 100,000 Miles $1450.00
7 Years/ 125,000 Miles $2145.00
Thank you for the opportunity to earn your business.
Patrick G Ireland
Government Fleet Manager
70 [Fleet] 2024 Toyota Prius Prime (1235) SE (Natl) (2) ( ..J Complete ) Technical Specifications
Powertraln
Transmission
Drivetrain Front Wheel Drive Trans Order Code N/A
Trans Type 1 Trans Description Cont. CVTw/OD
Trans Description Cont. Again N/A First Gear Ratio (:1) N/A Reverse Ratio (: 1 ) N/A Clutch Size N/A
Final Drive Axle Ratio (:1) 4.11
Mileage
EPA Fuel Economy Est - Hwy N/A Cruising Range - City N/A EPA Fuel Economy Est - City N/A Fuel Economy Est-Combined N/A Cruising Range - Hwy N/A EPA MPG Equivalent - City N/A
EPA MPG Equivalent - Hwy N/A EPA MPG Equivalent - Combined N/A Estimated Battery Range 44mi
Engine
Engine Order Code N/A Engine Type Gas/Electric 1-4
Displacement 2.0 U121 Fuel System Port/Direct
Injection
SAE Net Horsepower @ RPM 220@6000 SAE Net Torque@ RPM 139 Electrical
Cold Cranking Amps @ 0° F (Primary) N/A Maximum Alternator Capacity (amps) N/A Cooling System
Total Cooling System Capacity N/A
Vehicle
Emissions
Tons/yr of CO2 Emissions@ 15K mi/year N/A EPA Greenhouse Gas Score N/A This document contains infonnation considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.
Performance figures are guidelines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparer's input is subject to the accuracy of the input provided.
Data Version: 20672. Data Updated: Oct 10, 2023 6:44:00 PM PDT.
Oct 11, 2023 Page 1
71 [Fleet] 2024 Toyota Prius Prime (1235) SE (Natl) (2) ( ~ Complete) Vehicle
Vehicle
EPA Classification
Chassis
Weight Information
Base Curb Weight
Trailering
Dead Weight Hitch - Max Trailer Wt.
Wt Distributing Hitch - Max Trailer Wt.
Suspension
Suspension Type - Front
Suspension Type - Front (Cont.)
Shock Absorber Diameter - Front
Stabilizer Bar Diameter - Front
Tires
Front Tire Order Code
Spare Tire Order Code
Rear Tire Size
Wheels
Front Wheel Size
Spare Wheel Size
Rear Wheel Material
Steering
Steering Type
Lock to Lock Turns (Steering)
Turning Diameter - Wall to Wall
Midsize Cars
3461 lbs
N/A
N/A
Strut
Strut
N/A
N/A
N/A
N/A
P195/60HR17
17 X 6.5 in
N/A
Aluminum
Rack-Pinion
N/A
N/A
Dead Weight Hitch - Max Tongue Wt.
Wt Distributing Hitch - Max Tongue Wt.
Suspension Type - Rear
Suspension Type - Rear (Cont.)
Shock Absorber Diameter - Rear
Stabilizer Bar Diameter - Rear
Rear Tire Order Code
Front Tire Size
Spare Tire Size
Rear Wheel Size
Front Wheel Material
Spare Wheel Material
Steering Ratio (:1 ), Overall
Turning Diameter - Curb to Curb
N/A
N/A
Multi-Link
Multi-Link
N/A
N/A
N/A
P195/60HR17
N/A
17X6.5in
Aluminum
N/A
N/A
34.4 ft
This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not Intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.
Performance figures are guidelines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparer's input is subject to the accuracy of the input provided.
Data Version: 20672. Data Updated: Oct 10, 2023 6:44:00 PM PDT.
Oct 11,2023 Page 2
72 [Fleet] 2024 Toyota Prius Prime (1235) SE (Natl) (2) ( -./ Complete ) Chassis
Brakes
Brake Type 4-Wheel Disc Brake ABS System 4-Wheel
Brake ABS System (Second Line) N/A Disc - Front (Yes or Yes Disc - Rear (Yes or ) Yes Front Brake Rotor Diam x Thickness 12in Rear Brake Rotor Diam x Thickness 11 in Drum - Rear (Yes or ) N/A Rear Drum Diam x Width N/A
Fuel Tank
Fuel Tank Capacity, Approx 10.6 gal Aux Fuel Tank Capacity, Approx N/A Dimensions
Interior Dimensions
Passenger Capacity 5 Passenger Volume 91 .2 ft3
Front Head Room 38in Front Leg Room 42.4in
Front Shoulder Room 55.3 in Front Hip Room 54.7 in
Second Head Room 36.4 in Second Leg Room 35.9 in
Second Shoulder Room 52.8 in Second Hip Room 51 .7 in
Exterior Dimensions
Wheelbase 108.3 in Length, Overall 181 .1 in
Width, Max w/o mirrors 70.1 in Height, Overall 55.9 in
Track Width, Front 61.5 in Track Width, Rear 62.2 in
Min Ground Clearance N/A Liftover Height N/A
Cargo Area Dimensions
Cargo Volume with Rear Seat Up 20.3 ft3 Cargo Volume with Rear Seat Down 26.7 ft3 Trunk Volume N/A
This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.
Performance figures are guidelines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparer's input is subject to the accuracy of the input provided.
Data Version: 20672. Data Updated: Oct 10, 2023 6:44:00 PM PDT.
Oct 11, 2023 Page3
73 [Fleet] 2024 Toyota Prius Prime (1235) SE (Natl) (2) ( ~ complete) Optional Equipment
EMISSIONS
CODE DESCRIPTION
FE 50 State Federal Emissions
PRIMARY PAINT
CODE DESCRIPTION
089 Wind Chill Pearl
1L0 Cutting Edge
1M2 Guardian Gray
218 Midnight Black Metallic
3U5 Supersonic Red
8Q4 Reservoir Blue
SEAT TRIM
CODE DESCRIPTION
FA23 Black/Red, Fabric Seat Trim
ADDITIONAL EQUIPMENT - EXTERIOR
CODE DESCRIPTION
PC Special Color
ADDITIONAL EQUIPMENT - INTERIOR
FRONT
WEIGHT
0.00 lbs
FRONT
WEIGHT
0.00 lbs
0.00 lbs
0.00 lbs
0.00 lbs
0.00 lbs
0.00 lbs
FRONT
WEIGHT
0.00 lbs
FRONT
WEIGHT
0.00 lbs
CODE DESCRIPTION FRONT
RC
WEIGHT
Front & Rear Parking Assist w/Automatic Braking -inc: Parking 0.00 lbs Support Alert/Brake
ADDITIONAL EQUIPMENT - OTHER
CODE DESCRIPTION FRONT
WEIGHT
Fleet Credit *CREDIT" 0.00 lbs
Fr & Rr Parking Assist w/Auto Braking Discount *CREDIT* 0.00 lbs Special Color Fleet Discount *CREDIT* 0.00 lbs
REAR MSRP MSRP
WEIGHT
0.00 lbs $0.00 $0.00
REAR MSRP MSRP
WEIGHT
0.00 lbs $0.00 $0.00
0.00 lbs $0.00 $0.00
0.00 lbs $0.00 $0.00
0.00 lbs $0.00 $0.00
0.00 lbs $0.00 $0.00
0.00 lbs $0.00 $0.00
REAR MSRP MSRP
WEIGHT
0.00 lbs $0.00 $0.00
REAR MSRP MSRP
WEIGHT
0.00 lbs Inc. Inc.
REAR MSRP MSRP
WEIGHT
0.00 lbs $35.00 $35.00
REAR MSRP MSRP
WEIGHT
0.00 lbs $0.00 $0.00
0.00 lbs $0.00 $0.00
0.00 lbs $0.00 $0.00
This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.
Performance figures are guidelines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparer's input is subject to the accuracy of the input provided.
Data Version: 20672. Data Updated: Oct 10, 2023 6:44:00 PM PDT.
Oct 11, 2023 Page4
74 [Fleet] 2024 Toyota Prius Prime (1235) SE (Natl) (2) ( ./ Complete )
PORT INSTALLED OPTIONS
CODE DESCRIPTION FRONT REAR MSRP MSRP
WEIGHT WEIGHT
2T All Weather Floor Liners/Cargo Liner (TMS) 0.00 lbs 0.00 lbs $299.00 $299.00 3P Paint Protection Film (TMS) 0.00 lbs 0.00 lbs $439.00 $439.00 32 First Aid Kit (TMS) 0.00 lbs 0.00 lbs $25.00 $25.00
59 Quick Charge Cable (TMS) 0.00 lbs 0.00 lbs $70.00 $70.00 7R Emergency Assistance Kit (TMS) 0.00 lbs 0.00 lbs $75.00 $75.00 9G Cargo Tote (TMS) 0.00 lbs 0.00 lbs $60.00 $60.00
BM Body Side Moldings (TMS) 0.00 lbs 0.00 lbs $275.00 $275.00 CF Carpet Floor Mats/Carpet Cargo Mat (TMS) 0.00 lbs 0.00 lbs $299.00 $299.00 D5 Door Edge Guards (TMS) 0.00 lbs 0.00 lbs $155.00 $155.00 D9 Door Sill Protectors (TMS) 0.00 lbs 0.00 lbs $250.00 $250.00 EF Rear Bumper Applique (TMS) 0.00 lbs 0.00 lbs $69.00 $69.00 GN . Cargo Net (TMS) 0.00 lbs 0.00 lbs $59.00 $59.00
KG Key Gloves (TMS) 0.00 lbs 0.00 lbs $20.00 $20.00
MF Mudguards (TMS) 0.00 lbs 0.00 lbs $150.00 $150.00
Q3 Protection Package #3 (TMS)-inc: Body side moldings 0.00 lbs 0.00 lbs $499.00 $499.00 WL Alloy Wheel Locks (TMS) 0.00 lbs 0.00 lbs $80.00 $80.00 25 Preferred Accessory Package w/Carpet (TMS) 0.00 lbs 0.00 lbs $452.00 $452.00 26 Preferred Accessory Pkg w/AII Weather Liners (TMS) 0.00 lbs 0.00 lbs $452.00 $452.00 This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.
Performance f,gures are guidelines only, and actual performance may vary. Photos may not represeni actual vehicles or exact configurations. Content based on report preparer's input is subject to the accuracy of the input provided.
Data Version: 20672. Data Updated: Oct 10, 2023 6:44:00 PM PDT.
Oct 11, 2023 Page5
75 [Fleet] 2024 Toyota Prius Prime (1235) SE (Natl) (2) ( ~ Complete) Standard Equipment
Mechanical
Engine: 2.0L 4-Cylinder DOHC 16V WT-i -inc: permanent magnet AC synchronous motor Engine Auto Stop-Start Feature
Transmission w/Driver Selectable Mode
Transmission: Continuously Variable (eCVT) -inc: Electronically controlled Front-Wheel Drive
4.11 Axle Ratio
Battery w/Run Down Protection
Hybrid Electric Motor
Gas-Pressurized Shock Absorbers
Front And Rear Anti-Roll Bars
Electric Power-Assist Steering
10.6 Gal. Fuel Tank
Single Stainless Steel Exhaust
Strut Front Suspension w/Coil Springs
Multi-Link Rear Suspension w/Coil Springs
Regenerative 4-Wheel Disc Brakes w/4-Wheel ABS, Front Vented Discs, Brake Assist, Hill Hold Control and Electric Parking Brake
Tv Tuner Pre-Wiring
Brake Actuated Limited Slip Differential
Lithium Ion Traction Battery w/3.3 kW Onboard Charger, 11 Hrs Charge Time@ 110/120V, 4 Hrs Charge Time @220/240V and 13.6 kWh Capacity
Exterior
Wheels: 17" x 6.5J 5-Spoke Aluminum Alloy -inc: 2-tone wheel covers Tires: 195/60R17 All-Season
Tire Mobility Kit
Clearcoat Paint
Body-Colored Front Bumper w/Black Rub Strip/Fascia Accent and Metal-Look Bumper Insert Body-Colored Rear Bumper w/Black Rub Strip/Fascia Accent Black Wheel Well Trim
Black Side Windows Trim and Black Front Windshield Trim This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.
Performance figures are guidelines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparer's input is subject to the accuracy of the input provided.
Data Version: 20672. Data Updated: Oct 10, 2023 6:44:00 PM PDT.
Oct 11, 2023 Page 6
76 [Fleet] 2024 Toyota Prius Prime (1235) SE (Natl) (2) ( ~ Complete) Exterior
Entertainment
Interior
Body-Colored Door Handles
Black Power Heated Side Mirrors w/Manual Folding
Fixed Rear Window w/Defroster
Light Tinted Glass
Speed Sensitive Rain Detecting Variable Intermittent Wipers Galvanized Steel/Aluminum/Composite Panels
Black Grille
Litigate Rear Cargo Access
Tailgate/Rear Door Lock Included w/Power Door Locks
Auto Off Projector Beam Led Low/High Beam Auto High-Beam Daytime Running Lights Preference Setting Headlamps w/Delay-Off
LED Brakelights
Headlights-Automatic Highbeams
Laminated Glass
Radio w/Seek-Scan, Clock, Speed Compensated Volume Control, Steering Wheel Controls and Radio Data System
Radio: Toyota Audio Multimedia w/8" Touchscreen -inc: 6 speakers, wireless Apple CarPlay and Android Auto compatible, SiriusXM w/3-month Platinum Plan trial subscription, See toyota.com/audio-multimedia for details Integrated Roof Antenna
2 LCD Monitors In The Front
Driver Seat
Passenger Seat
60-40 Folding Bench Front Facing Fold Forward Seatback Rear Seat Manual Tilt/Telescoping Steering Column
Gauges -inc: Speedometer, Odometer, Traction Battery Level, Power/Regen, Trip Odometer and Trip Computer Power Rear Windows
Sport Front Bucket Seats -inc: 6-way adjustable driver's seat and 6-way adjustable front passenger seat Heated SofTex Leatherette Steering Wheel
Front Cupholder
This document contains information considered Confidential between GM and its Clients uniquely. The Information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.
Performance figures are guidelines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparer's input is subject to the accuracy of the input provided.
Data Version: 20672. Data Updated: Oct 10, 2023 6:44:00 PM PDT.
Oct 11, 2023 Page7
77 [Fleet] 2024 Toyota Prius Prime (1235) SE (Natl) (2) ( ~ Complete) Interior
Rear Cupholder
1 12V DC Power Outlet
Proximity Key For Doors And Push Button Start
Remote Keyless Entry w/lntegrated Key Transmitter, Illuminated Entry, Illuminated Ignition Switch and Panic Button
Remote Releases -Inc: Power Fuel
Cruise Control w/Steering Wheel Controls
Distance Pacing w/Traffic Stop-Go
Voice Activated Automatic Air Conditioning
HVAC -inc: Underseat Ducts
Illuminated Glove Box
Driver Foot Rest
Interior Trim -inc: Colored Instrument Panel Insert, Piano Black Console Insert and Piano Black/Metal-Look Interior Accents
Full Cloth Headliner
Urethane Gear Shifter Material
Fabric Seat Trim
Day-Night Rearview Mirror
Driver And Passenger Visor Vanity Mirrors w/Driver And Passenger Illumination, Driver And Passenger Auxiliary Mirror
Full Floor Console w/Covered Storage, Mini Overhead Console, 1 12V DC Power Outlet and 1 120V AC Power Outlet
Front And Rear Map Lights
Fade-To-Off Interior Lighting
Full Carpet Floor Covering
Carpet Floor Trim
Cargo Area Concealed Storage
Folding Cargo Cover
Cargo Features -inc: Tire Mobility Kit
Cargo Space Lights
Smart Device Remote Engine Start
Driver/ Passenger And Rear Door Bins
This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.
Performance figures are guidelines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparer's input is subject to the accuracy of the input provided.
Data Version: 20672. Data Updated: Oct 10, 2023 6:44:00 PM PDT.
Oct 11, 2023 Page8
78 [Fleet] 2024 Toyota Prius Prime (1235) SE (Natl) (2) ( ../ complete) Interior
Safety-Mechanical
Safety-Exterior
Safety-Interior
Power 1st Row Windows w/F rant And Rear 1-Touch Up/Down Delayed Accessory Power
Power Door Locks w/Autolock Feature
Driver Information Center
Trip Computer
Outside Temp Gauge
Digital Appearance
Seats w/Cloth Back Material
Manual Adjustable Front Head Restraints and Manual Adjustable Rear Head Restraints Rear Center Armrest
Immobilizer
1 12V DC Power Outlet and 1 120V AC Power Outlet
Air Filtration
Lane Tracing Assist (L TA) w/Lane Change Assist
Vehicle Stability Control (VSC) Electronic Stability Control (ESC) ABS And Driveline Traction Control
Side Impact Beams
Dual Stage Driver And Passenger Seat-Mounted Side Airbags Blind Spot Monitor (BSM) Blind Spot
Pre-Collision System (PCS) w/lntersection Support and Rear Cross-Traffic Alert (RCTA) Front Cross-Traffic Alert (FCTA)
Lane Departure Alert (LDA) w/Steering Assist Lane Keeping Assist Lane Departure Alert (LDA) w/Steering Assist Lane Departure Warning Collision Mitigation-Front
Driver Monitoring-Alert
Evasion Assist
Low Tire Pressure Warning
This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prioes, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.
Performance figures are guidelines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparer's input is subject to the accuracy of the input provided.
Data Version: 20672. Data Updated: Oct 10, 2023 6:44:00 PM PDT, Oct 11, 2023 Page9
79 [Fleet] 2024 Toyota Prius Prime (1235) SE (Natl) (2) ( ~ Complete) Safety-Interior
WARRANTY
Dual Stage Driver And Passenger Front Airbags
Curtain 1st And 2nd Row Airbags
Airbag Occupancy Sensor
Rear Side-Impact Airbag
Rear Child Safety Locks
• Outboard Front Lap And Shoulder Safety Belts -inc: Rear Center 3 Point, Height Adjusters and Pretensioners Back-Up Camera
Basic Years: 3
Basic Miles/km: 36,000
Drivetrain Years: 5
Drivetrain Miles/km: 60,000
Corrosion Years: 5
Corrosion Miles/km: Unlimited
Hybrid/Electric Components Years: 8
Hybrid/Electric Components Miles/km: 100,000
Roadside Assistance Years: 3
Roadside Assistance Miles/km: Unlimited
Maintenance Years: 2
Maintenance Miles/km: 25,000
This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change wtthout notice, and do not Include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.
Performance figures are guidelines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparer's input is subject to the accuracy of the input provided.
Data Version: 20672. Data Updated: Oct 10, 2023 6:44:00 PM PDT.
Oct 11 , 2023 Page 10
80 TO:
FROM:
DATE:
LOsBanos
Agenda Staff Report
Mayor Llanez and City Council Members
Stacy Souza Elms, Community and Economic Development Director~ February 21, 2024
TYPE OF REPORT: Consent Agenda
SUBJECT: Resolution of Intention to form Annexation No. 12 for Community Facilities District 2002-01 (Public Safety Services) and to authorize the levy of a special tax therein
Recommendation:
Staff is recommending the City Council adopt a resolution declaring its intention to annex territory to Community Facilities District (CFO) 2002-01 (Public Safety Services) for Annexation No. 12 and to authorize the levy of a special tax to pay for public safety services.
Background:
New residential and non-residential developments in the City of Los Banos do not provide sufficient revenues for public safety services. The City formed CFO 2002-01 (Public Safety Services) to address this shortfall, and to fund a portion of the additional costs associated with providing public safety services in various areas throughout the City.
The City of Los Banos is in receipt of a request for annexation of the following territory to Community Facilities District No. 12:
• Quail Meadows - Villages at Stonecreek V: Vesting Tentative Tract Map #2021- 01 was approved by the Los Banos Planning Commission for the subdivision of approximately 70.5 acres into 271 single-family detached residential lots. The 1 81
project is located in the southwestern portion of the city and is generally located south of W. Pacheco Boulevard, west of Dock Avenue, and east of the city limit line.
The above referenced project is subject to a Condition of Approval which requires the developer to form or annex the subject property to a CFO for the purpose of funding public safety.
Stonecreek South Partners, LP a California limited partnership, is the owner of one hundred ( 100%) percent of the land proposed to be included within CFO 2002-01 and they have submitted a petition requesting Annexation No. 12 be formed (Attachment 2).
Government Code Section 53320 requires that within ninety (90) days after receiving a petition, the legislative body adopt a Resolution of Intention (ROI). The ROI is the first step in establishing a CFO Annexation.
At least thirty (30) days, and not more than sixty (60) days, following the date of the Council action on the ROI, the City Council will hold a public hearing and consider a Resolution of Formation of the CFO.
Discussion:
In order to commence the annexation process, the City Council must adopt a Resolution of Intention. This resolution sets forth terms and conditions of annexing territory into the CFO and includes the rate and apportionment of the special tax to be levied. The Resolution of Intention also establishes a date for a public hearing on the annexation action and for elections among the authorized electors. Since there are less than twelve (12) registered voters in the territory proposed to be annexed, the election will be a landowner vote.
Directly prior to the Public Hearing, the property owner will return a Waiver to the City, waiving certain timing and noticing requirements related to election code, which will enable the City to expedite the annexation process by conducting the special election immediately after the April 3, 2024 public hearing.
The special tax that is currently being assessed on properties within the CFO was established in base fiscal year 2002-2003 at $250 for each residential and non-residential unit, and is subject to an annual escalator for all subsequent fiscal years. A description of the authorized services to be provided by CFO 2002-01 is provided as Exhibit C. A proposed boundary map for CFO 2002-01 is attached as Exhibit A.
Fiscal Impact:
Based on the current Fiscal Year 2023-2024 rate of $424.06 the proposed territories of CFO No. 12 would generate approximately $114,920.26 for public safety services annually. The Maximum Annual Special Tax Rate will be escalated no more than 4 percent annually, as determined by the Consumer Price Index. The parcels will remain 2 82
in the CFO in perpetuity or until the services financed by the CFO are no longer necessary, as determined by the City Council. The parcels within the CFO are only assessed when developed.
Reviewed by:
Brent Kuhn, Finance Director
Attachments:
1. Resolution of Intention
Exhibit A - Boundary Map
Exhibit B - Rate and Method of Apportionment
Exhibit C - Authorized Services
2. Property Owner Petition
3 83
THIS PAGE IS INTENTIONALLY LEFT BLANK
84 RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS APPROVING A BOUNDARY
MAP AND DECLARING ITS INTENTION TO
ANNEX PROPERTY TO THE CITY OF LOS
BANOS COMMUNITY FACILITIES DISTRICT NO.
2002-01 (PUBLIC SAFETY SERVICES) AND TO
LEVY A SPECIAL TAX THEREIN TO FINANCE
CERTAIN PUBLIC SAFETY SERVICES FOR
SUCH COMMUNITY FACILITIES DISTRICT
WHEREAS, the City Council of the City of Los Banos (the "City") has established Community Facilities District No. 2002-01 in various areas of the City and levies a special tax therein to finance certain public safety services in and for such community facilities district under and pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982," being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act"); and
WHEREAS, the City Council has determined that the establishment of such community facilities district is consistent with and follows the local goals and policies concerning the use of the Act that have been adopted by the City Council and are now in effect; and
WHEREAS, the City Council is desirous of annexing additional property to the community facilities district at the request of the property owners within the territory proposed to be annexed into the Community Facilities District;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LOS BANOS AS FOLLOWS:
Section 1. The above recitals are true and correct, and the City Council so finds and determines.
Section 2. It is the intention of the City Council to annex property under and pursuant to the terms and provisions of the Act to the "City of Los Banos Community Facilities District No. 2002-01 (Public Safety Services) (the "Community Facilities District"), with the boundaries of the Community Facilities District and territory proposed for inclusion in the Community Facilities District Annexation No. 12 being more particularly described and shown on that certain map entitled "Proposed Boundaries of Amended Annexation Map No. 12" of the City of Los Banos Community Facilities District No. 2002- 01 (Public Safety Services), City of Los Banos, County of Merced, State of California" (the "Boundary Map"), now on file in the office of the City Clerk of the City, a copy of which map is marked Exhibit A and is attached hereto and incorporated herein and made a part 85 hereof. The City Council hereby approves the Boundary Map, and the City Clerk is hereby authorized to file a copy of the Boundary Map with the County Recorder of Merced County within fifteen ( 15) days of the adoption of this resolution in accordance with the provisions of Section 3111 of the Streets and Highways Code of the State of California.
Section 3. It is the intention of the City Council to finance the Public Safety Services hereinafter described under and pursuant to the Act in and for Annexation No. 12 to the Community Facilities District, which public safety services constitute the provisions of police protection services, fire protection and suppression services, and first responders basic life support services (the "Services"), all as more particularly set forth in Exhibit C, hereto attached and incorporated herein and made a part hereof.
Section 4. It is the intention of the City Council that, except where funds are otherwise available, a special tax sufficient to pay for financing the Services, which special tax shall be secured by recordation of a continuing lien against all non-exempt real property in Annexation No. 12 to the Community Facilities District, will be annually levied by the City Council within the boundaries of Annexation No. 12 to the Community Facilities District, and for particulars as to the rate and method of apportionment and the manner of collection of such special tax reference is made to Exhibit B, attached hereto and incorporated · herein and made a part hereof, which sets forth the rate and method of apportionment and the manner of collection of such special tax in sufficient detail to allow each landowner or resident within Annexation No. 12 to the Community Facilities District to estimate the maximum amount that such person will have to pay for financing the Services. In no circumstances shall the special tax levied against any parcel used for private residential purposes (as defined in the Act) be increased as a consequence of delinquency or default by the owner of any other parcel or parcels within the Community Facilities District by more than 10 percent. The City Council hereby determines the Rate and Method of Apportionment of Special Tax set forth in Exhibit B as applied to the territory within Annexation No. 12 is reasonable. The special tax is apportioned to each parcel within Annexation No. 12 on the basis of the demand for the Services resulting from the development of the territory within Annexation No. 12. As required by Section 53325.3 of the Act, the special tax is not on or based upon the value or ownership of real property.
Section 5. It is the intention of the City Council, pursuant to Section 53317.3 of the Government Code of the State of California, to continue to levy the special tax on property (that is not otherwise exempt from the special tax) that is acquired by the public entity through a negotiated transaction, or by gift or devise, notwithstanding Section 53340 of said code and the same shall be enforceable against the public entity that acquired the property; and it is the further intention of the City Council, pursuant to Section 53317.5 of the Government Code of the State of California; to treat the obligation to pay the special tax levied against property that is acquired by a public entity through eminent domain proceedings as if it were a special annual assessment, pursuant to Section 1265.250 of the Code of Civil Procedure of the State of California; and it is the further intention of the City Council, pursuant to Section 53340.1 of the Government Code of the State of California, to levy a special tax on the leasehold or possessor's interest in 2 86
property owned by a public agency (which property is otherwise exempt from the special tax), which leasehold or possessor's interests are granted by the public agency to a nonexempt person or entity, to be payable by the owner of the leasehold or possessor's interest in such property.
Section 6. Notice is given that Wednesday, April 3, 2024, at the hour of 7:00 PM at the regular meeting place of the City Council, City Council Chambers, City Hall, 520 J Street, Los Banos, California 93635, is hereby fixed by the City Council as the time and place for a public hearing to be held by the City Council to consider the annexation of the territory within Annexation No. 12 to the Community Facilities District, the proposed rate and method of apportionment and the manner of collection of such special tax to finance the Services in and for Annexation No. 12 to the Community Facilities District and all other matters as set forth in this resolution. At such public hearing, any person interested, including all taxpayers, property owners and registered voters with the Community Facilities District, may appear and be heard, and the testimony of all interested persons or taxpayers for or against the annexation of the territory to the Community Facilities District and the levy of such special tax, or the extent of the Community Facilities District, or the financing of any of the Services proposed therefore, or on any other matters set forth herein, will be heard and considered. Any protests to the foregoing may be made orally or in writing by any interested persons or taxpayers, except that any protests pertaining to the regularity or sufficiency of such proceedings shall be in writing and shall clearly set forth the irregularities and defects to which the objection is made; and the City Council may waive any irregularities in the form or content of any written protest and at such public hearing may correct minor defects in such proceedings. All written protest shall be filed with the City Clerk of the City at or before the time fixed for such public hearing and any written protest may be withdrawn in writing at any time before the conclusion of such public hearing. At the conclusion of such public hearing, the City Council may abandon the proposed annexation to the Community Facilities District or may, after passing upon all protests, determine to proceed with the annexation of the territory within Annexation No. 12 to the Community Facilities District; provided, that if the owners of one-half (1/2) or more of the territory proposed to be included in the Community Facilities District that is not exempt from the special tax file written protest against the annexation to the Community Facilities District, and such protests are not withdrawn so as to reduce the value of the protests to less than such a majority, no further proceedings to annex the territory within Annexation No. 12 to the Community Facilities District or to levy such special tax shall be taken for a period of one ( 1) year from the date of such decision, except that if the majority protests of the landowners are only against providing a specified type or types of any of the Services proposed for the Community Facilities District, those Services shall be eliminated from this resolution. Such public hearing may be continued from time to time, but shall be completed within thirty (30) days, except that if the City Council finds that the complexity of the proposed annexation to the Community Facilities District or the need for public participation required additional time, such public hearing may be continued from time to time for a period not to exceed six (6) months. The City Council may at such public hearing modify this resolution by eliminating any of such Services, or by changing the method and apportionment of such special tax so as to reduce the maximum special tax 3 87
for all or a portion of the owners of property within the Community Facilities District or by removing any territory from Annexation No. 12 to the Community Facilities District except that if the City Council proposes to modify this resolution in a way that will increase the probable special tax to be paid by the owner of a lot or parcel of land in Annexation No. 12 to the Community Facilities District, the City Council shall direct that a report be prepared that includes a brief analysis of the impact of the proposed modifications on the probable special tax to be paid by the owners of lots or parcels of land in Annexation No. 12 to the Community Facilities District, and the City Council shall receive and consider such report before approving any such modifications or any resolution annexing to the Community Facilities District which includes such modifications. If the City Council determines at the conclusion of such public hearing to proceed with the annexation of the territory within Annexation No. 12 to the Community Facilities District, the proposed voting procedures shall be by landowners voting in accordance with the Act, as there are no registered voters in the Community Facilities District, with each landowner having one vote for each acre or portion of an acre of land owned by him or her in the proposed Annexation No. 12 to the Community Facilities District.
Section 7. The Community Development Department of the City is hereby directed and ordered to study or cause to be studied, the Annexation No. 12 to the Community Facilities District and, at or before the time of such public hearing, to cause to be prepared and filed with the City Council a report which shall contain a brief description of the Services by type which in his/her opinion will be required to adequately meet the needs of Annexation No. 12 to the Community Facilities District, together with an estimate of the cost for financing the Services and an estimate of the incidental expenses related thereto, and which such report shall further contain any other material that is related to the Services or Annexation No. 12 to the Community Facilities District, including the estimated annual costs of providing the Services and the fair and reasonable costs of the incidental expenses to be paid or repaid for the Community Facilities District. Such report shall, upon its presentation, be submitted to the City Council for review, and shall be made a part of the record of the public hearing on this resolution of intention to annex territory to the Community Facilities District.
Section 8. The City Clerk of the City shall give notice of the time and place of such public hearing in the following manner:
(a) A Notice of Public Hearing in the form required by the Act shall be published in the Westside Express, a newspaper of general circulation published in the area of Annexation No. 12 to the Community Facilities District, which such publication shall be made pursuant to Section 6061 of the Government Code of the State of California and shall be completed at least seven (7) days prior to the date set for such public hearing; and
(b) A Notice of Public Hearing in the form required by the Act shall be mailed, first class postage prepaid, to each property owner within the boundaries of Annexation No. 12, which such mailing to such property owners shall be made to such property owners at their addresses as shown on the records of the Merced County Treasurer-Tax 4 88
Collector, and which such mailing shall be completed at least fifteen (15) days prior to the date set for such public hearing.
PASSED AND ADOPTED by the City Council of the City of Los Banos this 21 st day of February 2024, by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
Paul Llanez, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
5 89
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COUNTY OF MERCED, STATE OF CALIFORNIA, WAS APPROVED BY THE CITY COUNCIL OF TH£ CITY OF l OS BANOS Al A REGULAR MEETING ~. ~- ~-- _ ~~eriAYe~U~ /i -JI - '~ ~11 :18 :s ,' 1:3 ~:1
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EXHIBIT B
PROPOSED BOUNDARIES OF AMENDED
ANNEXATION MAP NO. 12 OF CITY OF LOS
BANOS COMMUNITY FACILITIES DISTRICT
NO. 2002-01 (PUBLIC SAFETY SERVICES)
COUNTY OF MERCED, STA TE OF CALIFORNIA
CITY OF LOS BANOS COUNTY OF MERCED STATE OF CALIFORNIA
TD-ELL
ENGlNE-ERlNG
1165 Scenic Drive, Suite A
Modasto, CA 95350
Ph 209.571.1765 odeUengineerlng.com
JANUARY 15, 2024 SHEET 2 OF 2
92 EXHIBIT B
City of Los Banos
County of Merced, California
Community Facilities District No. 2002-01
(Public Safety Services)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
1. Basis of Special Tax Levy
A Special Tax authorized under the Mello-Roos Community Facilities Act of 1982 (the "Act") applicable to the land in the Community Facilities District No. 2002-01 (Public Safety Services) (the "CFO") of the City of Los Banos (the "City") shall be levied and collected according to the tax liability determined by the City through the application of the appropriate amount or rate, as described below.
2. Definitions
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, Sections 53311 and following of the California Government Code. "Administrative Expenses" means the actual or estimated costs incurred by the City to form the CFO and to determine, levy, and collect the Special Taxes, including compensation of City employees for administrative work performed in relation to the CFO, the fees of consultants and legal counsel; the costs of collecting installments of the Special Taxes upon the general tax rolls; preparation of required reports; and any other costs required to administer the CFO as determined by the City.
"Annual Costs" means for each Fiscal Year, the total of 1) Authorized Services 2) Administrative Expenses; and 3) any amounts needed to cure actual or estimated delinquencies in Special Taxes for the current or previous Fiscal Year. "Assessor" means the Assessor of the County of Merced.
"Assessor's Parcel Number" means the Parcel and Parcel number as recorded by the County Assessor on the equalized tax roll.
"Authorized Services" mean those services, as listed in the resolution forming the CFO.
Rate and Method of Apportionment CFD 122 A-1
93 "Base Fiscal Year" means the Fiscal Year beginning July 1, 2002 and ending June 30, 2003.
"CFD" means the Community Facilities District No. 2002-01 (Public Safety Services) of the City of Los Banos, Merced County, California. "City" means the City of Los Banos in Merced County, California. "Condominium/Townhouse Parcel" means a Parcel created by a subdivision map that creates condominium or townhouse units. Each
Condominium/Townhouse Parcel is assigned one Residential Unit. "Council" means the City Council of the City of Los Banos acting for the CFD under the Act.
"County" means the County of Merced, California.
"Developed Property" means all Assessor's Parcels for which building permit were issued on or before June 30 of the prior fiscal year, provided that such Assessor's Parcels were created on or before June 30 of the prior fiscal year, as determined reasonably by the City.
Once classified as Developed, no Parcel shall be removed from the Developed classification unless the special use permit/building permit expires, is revoked , or is otherwise terminated. A Developed Parcel that is acquired by a public agency then becomes a Public Parcel and is classified as Tax-Exempt if it is deemed that the Parcel is no longer used for residential purposes.
"Duplex/Tri-plex Residential Parcel" means a Parcel with an issued building permit for a duplex or a tri-plex residential use. The number of Residential Units assigned to a Duplex/Tri-plex Residential Parcel is determined at building permit issuance.
"Fiscal Year" means the period commencing July 1 of any year and ending the following June 30.
"Maximum Annual Special Tax" means the greatest amount of Special Tax that can be levied against a Parcel calculated by multiplying the Maximum Annual Special Tax Rate times the units assigned to a Parcel.
"Maximum Annual Special Tax Rate" means the amount shown in Attachment 1 for a Fiscal Year that is used in calculating the Maximum Annual Special Tax for a Parcel based on its land use classification.
Rate and Method of Apportionment CFD 122 A-2
94 "Mixed Use Parcel" means a Parcel with a building permit for a mix of uses, which includes residential uses. The number of Residential Units assigned to a Mixed Use Parcel is determined at building permit issuance for the original structure, or by subsequent building permits issued for further tenant improvements. "Mobile Home Park Parcel" means a Parcel with a land use designation for a mobile home park. The number of Residential Units assigned to the Mobile Home Park Parcel is determined by the number of spaces available for the placement of mobile homes.
"Multi-Family Residential Parcel" means a Parcel with a building permit for multifamily residential use. The number of Residential Units assigned to a Multi-Family Residential Parcel is determined at building permit issuance. "Non-Residential Use Parcels" means Parcels designated for commercial, industrial, office, or other non-residential uses.
"Parcel" means any Assessor's parcel in the CFO based on the equalized tax rolls of the County as of March 1 of each Fiscal Year.
"Parcel Number" means the Assessor's Parcel Number for any Parcel based on the equalized tax rolls of the County as of March 1 of each Fiscal Year. "Public Parcel" means any Parcel, in its entirety, that is publicly owned - that is normally exempt from the levy of general ad valorem property taxes under California law, including public streets, schools, parks, and public drainage ways; public landscaping, wetlands, greenbelts, and public open space. These parcels are exempt from the levy of Special Taxes. Any such Parcel shall be a Tax-Exempt Parcel.
"Residential Unit" means the number of taxable residential dwelling units assigned to a Parcel based on its Developed Parcel tax category assignment. "Single Family Residential Parcel" means a single family residential lot created by the recordation of a final subdivision map, which has a building permit issued for a single family residential dwelling. A Single Family Residential Parcel is assigned one Residential Unit.
"Special Tax(es)" mean(s) any tax levy under the Act in the CFD. "Tax Collection Schedule" means the document prepared by the City for the County Auditor-Controller to use in levying and collecting the Special Taxes each Fiscal Year.
"Tax Escalation Factor" means an annual percentage increase in the Maximum Annual Special Tax based upon the Consumer Price Index (CPI) (prior calendar Rate and Method of Apportionment CFD 122 A-3
95 year annual average, San Francisco, all Urban Consumers (CPI-U) Index), not to exceed 4 percent.
"Taxable Parcel" means any Parcel that is not a Tax-Exempt Parcel. "Tax-Exempt Parcel" means a Parcel not subject to the Special Tax. Tax-Exempt Parcels are (i) Public Parcels including developed parcels acquired by a public agency (subject to the limitations set forth in Section 5, below), or (ii) Undeveloped Parcels. Privately owned Parcels that are non-developable, such as common areas, wetlands, and open space, are exempt from the levy of Special Taxes as determined by the City.
"Undeveloped Parcel" means all Assessor's Parcels of taxable property which are not developed property.
3. Determination of Parcels Subject to Special Tax
By not later than August 1 of each Fiscal Year, the City Finance Director shall prepare a list of the Parcels subject to the Special Tax using the records of the County Assessor as of March 1 of each year, and the City's own records as of May 31 of each year. The City shall identify the Taxable Parcels from a list of all Parcels within the CFO using the procedure described below.
1) Exclude all Tax-Exempt Parcels.
2) The remaining Parcels are subject to the Special Tax according to the formula detailed below.
It shall be the burden of the taxpayer to timely correct any errors in the determination of the Parcels subject to the Special Tax and their Special Tax assignments.
4. Duration of the Special Tax
Parcels in the CFO will remain subject to the Special Tax in perpetuity or until the services financed by the Special Tax are no longer necessary, as determined by the Council.
If the Special Tax ceases to be levied, the City shall direct the County Recorder to record a Notice of Cessation of Special Tax. Such notice will state that the obligation to pay the Special Tax has ceased and that the lien imposed by the Notice of Special Tax Lien is extinguished. The Notice of Cessation of Special Tax shall additionally identify the book and page of the Book of Maps of Assessment Rate and Method of Apportionment CFD 122 A-4
96 and Community Facilities Districts where the map of the boundaries of the CFO is recorded.
5. Assignment of Maximum Annual Special Tax
By August 1 of each Fiscal Year, using the Definitions from Section 2 and the Maximum Annual Special Tax Rates from Attachment 1, the Finance Director shall assign the Maximum Annual Special Taxes to Parcels as follows:
A. Developed Parcels: Parcels shall be assigned a Maximum Annual Special Tax using the following steps.
1. Single Family Residential Parcels. The Maximum Annual Special Tax is calculated by multiplying the Maximum Annual Special Tax Rate in Attachment 1 for Single Family Residential Parcels by the number of Residential Units assigned to the Parcel. This Maximum Annual Special Tax Rate is increased by the Tax Escalation Factor in each Fiscal Year after the Base Fiscal Year.
2. Duplex/Tri-plex Residential Parcels. The Maximum Annual Special Tax is calculated by multiplying the Maximum Annual Special Tax Rate in Attachment 1 for Duplex/Tri-plex Residential Parcels by the number of Residential Units assigned to the Parcel. This Maximum Annual Special Tax Rate is increased by the Tax Escalation Factor in each Fiscal Year after the Base Fiscal Year.
3. Multi-Family Residential Parcels. The Maximum Annual Special Tax is calculated by multiplying the Maximum Annual Special Tax Rate in Attachment 1 for Multi-Family Residential Parcels by the number of Residential Units assigned to the Parcel. This Maximum Annual Special Tax Rate is increased by the Tax Escalation Factor in each Fiscal Year after the Base Fiscal Year.
4. Condominium/Townhouse Parcels. The Maximum Annual
Special Tax is calculated by multiplying the Maximum Annual Special Tax Rate in Attachment 1 for Condominium/Townhouse Parcels by the number of Residential Units assigned to the Parcel. This Maximum Annual Special Tax Rate is increased by the Tax Escalation Factor in each Fiscal Year after the Base Fiscal Year.
5. Mixed Use Parcels. The Maximum Annual Special Tax is calculated by multiplying the Maximum Annual Special Tax Rate in Attachment 1 for Mixed Use Parcels by the number of Residential Units assigned to the Parcel. This Maximum Annual Special Tax Rate is increased by the Tax Escalation Factor in each Fiscal Year after the Base Fiscal Year.
6. Mobile Home Park Parcels. The Maximum Annual Special Tax is calculated by multiplying the Maximum Annual Special Tax Rate in Rate and Method of Apportionment CFD 122 A-5
97 Attachment 1 for Mobile Home Park Parcels by the number of Residential Units assigned to the Parcel. This Maximum Annual Special Tax Rate is increased by the Tax Escalation Factor in each Fiscal Year after the Base Fiscal Year.
7. Non-Residential Use Parcels. The Maximum Annual Special Tax is calculated by multiplying the Maximum Annual Special Tax Rate in Attachment 1 for Non-Residential Use Parcels by the number of Units assigned to the Parcel. This Maximum Annual Special Tax Rate is increased by the Tax Escalation Factor in each Fiscal Year after the Base Fiscal Year.
B. Annexation Parcels: The City will require the periodic annexation of Parcels to the CFD. When Parcels are annexed to the CFD, the City will first determine if they are Taxable or Tax-Exempt, using the Definitions in Section 2. The City then shall assign a Maximum Annual Special Tax to Taxable Parcels using the Definitions in Section 2 and the steps in Section
5.A.
C. Conversion of a Tax-Exempt Parcel to a Taxable Parcel: If a Public Parcel is not needed for public use and is converted to private residential use, it shall become subject to the Special Tax. A Maximum Annual Special Tax will be assigned using the Definitions in Section 2 and the steps in Section 5.A.
D. Taxable Parcels Acquired by a Public Agency: A Taxable Parcel that is acquired by a public agency after the CFO is formed will be re-classified as Tax-Exempt provided it is determined by the City in the exercise of its sole discretion, that it is no longer used for residential purposes.
6. Calculating Annual Special Taxes
The City shall compute the Annual Costs and determine the Maximum Annual Special Tax for each Parcel based on the assignment of the Special Tax in Section
5. The City will then determine the tax levy for each Parcel using the following process:
A. Compute the Annual Cost for the Fiscal Year using the Definition in Section 2.
B. Calculate the Special Tax for each Taxable Parcel by levying the Special Tax on Developed Parcels to just equal the Annual Costs, or to 100 percent of their Maximum Annual Special Tax, as appropriate.
C. Levy on each Taxable Parcel the amount of Special Tax calculated above.
Rate and Method of Apportionment CFD 122 A-6
98 D. Prepare the Tax Collection Schedule listing the Special Tax levy for each Taxable Parcel and send it to the County Auditor-Controller requesting that it be placed on the general, secured property tax roll for that Fiscal Year. The Tax Collection Schedule shall not be sent later than the date required by the County Auditor-Controller for such inclusion.
The City shall make every effort to correctly calculate the Special Tax for each Parcel. It shall be the burden of the taxpayer to timely prove any alleged errors in the determination of the Parcels subject to the Special Tax and their Special Tax assignments.
7. Records Maintained for the CFD
As development takes place within the CFO, the City will maintain a file containing records of the following information for each Parcel:
• The current Parcel Number;
• Parcels with building permits; and
• Number of units per parcel.
The file containing the information listed above will be available for public inspection.
8. Appeals
Any taxpayer who feels that the amount of the Special Tax assigned to his or her Parcel(s) is in error or that an error has been made in the determination that his or her Parcel(s) is subject to the Special Tax, may file a written notice with the City's Finance Director (the "Director'') contesting the levy of the Special Tax. Any such notice must be filed during the Fiscal Year in which the given Special Tax levy occurs; and failure to do so constitutes a bar to any such claim. The Director, or designee, shall promptly review the application, and if necessary, meet with the applicant. If the findings of the Director verify that the Special Tax should be modified or changed, a recommendation to that effect shall be made to the Council, and as appropriate, the Special Tax levy shall be corrected and, if applicable in such case, a credit for next year's Special Tax levy shall be granted. If the Director denies the application, the taxpayer may file an appeal of that determination with the Council within fourteen (14) days of the mailing of notification of denial; and failure to do so constitutes a bar to such an appeal. The Council shall hear the appeal under such procedures, as the Council shall establish. The determination of the Council on the appeal shall be final for all purposes. The filing of a written notice contesting the levy of the Special Tax or an appeal shall not relieve the taxpayer of the obligation to pay the Special Tax when due.
Rate and Method of Apportionment CFD 122 A-7
99 Interpretations may be made by Resolution of the Council for purposes of clarifying any vagueness or ambiguity as it relates to any of the terms or provisions of this Rate and Method of Apportionment.
9. Manner of Collection
The Special Tax will be collected in the same manner and at the same time as ad valorem property taxes; provided; however, the City or its designee may directly bill the Special Tax and may collect the Special Tax at a different time, such as on a monthly or other periodic basis, or in a different manner, if necessary to meet its financial obligation.
ATTACHMENT 1
City of Los Banos
Merced County
Community Facilities District No. 2002-01 (Public Safety Services) Rate and Method of Apportionment CFD 122 A-8
100
Maximum Annual Special Tax Rates - Base Fiscal Year 1
Tax Category
Developed Parcels3
Single Family Residential Parcels
Multi-Family Residential Parcels
Duplex/Tri-plex Residential Parcels
Condominium/Townhouse Parcels
Mixed Use Parcels
Mobile Home Park Parcels
Non-Residential Use Parcels
Undeveloped Parcels4
Public Parcels
Maximum Annual
Special Tax Rate2
per Unit
$250
$250
$250
$250
$250
$250
$250
Tax Exempt
Tax Exempt
1 The Base Fiscal Year for the CFD is Fiscal Year 2002-2003. The Maximum Annual Special Tax Rate will be escalated by a rate of not more than 4 percent annually thereafter, as determined by the Consumer Price Index.
2 The Maximum Annual Special Tax Rate is applied to the Units assigned to each taxable Parcel. Condominium/Townhouse Residential Parcels and Single Family Residential Parcels are assumed to have one unit. Multi-Family Residential Parcels, Mixed Use Parcels, Mobile Home Park Parcels, and Non-Residential Parcels may have more than one Unit Assigned to a Parcel. The number of Units assigned to these Parcels will be determined by the initial building permit, or subsequent building permits for tenant improvements.
3 Developed Parcels are Residential, Mixed Use or Non-Residential Use Parcels with a building permit.
4 Undeveloped parcels are Parcels that are not classified as a Developed Parcel.
Rate and M ethod of Apportionment CFO 122 A-9
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102
EXHIBIT C
City of Los Banos
Community Facilities District No. 2002-01 (Public Safety Services)
LIST OF AUTHORIZED SERVICES
Services to be funded by the collection of Special Taxes in the City of Los Banos Community Facilities District No. 2002-01 (Public Safety Services) are listed below.
Authorized costs to provide the services listed below include, but are not limited to, compensation of employees and contractors, supplies, materials, equipment, lease or rental fees for equipment or building space, contracts, or any other costs associated with the provision of authorized services.
PUBLIC SAFETY
Authorized costs include all costs associated with the provision of:
• Police Protection Services
• Fire Protection and Suppression Services
• First Responders Basic Life Support Services
ADMINISTRATIVE EXPENSES
City costs associated with the setting, levy, and collection of the Special Taxes are authorized services under the CFO. The special tax levy may be used to fund, but is not limited to, the actual or estimated costs incurred by the City to form the CFO and to determine, levy, and collect the special taxes, including compensation of City employees for administrative work performed in relation to the CFO, the fees of consultants and legal counsel; the costs of collecting installments of the Special Taxes upon the general tax rolls; preparation of required reports; and any other costs required to administer the CFO as determined by the City.
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104
TO:
FROM:
DATE:
LOs Banos
l I •
Agenda Staff Report
Mayor & City Council Members
Ray Reyna, Police Chief p'
February 21, 2024
TYPE OF REPORT: Consent Agenda
SUBJECT: Authorizing Award of Construction Contract to BMY Construction Group, Inc. in the amount of $902,102.00 with a 10% Contingency in the amount of $90,210.20 for the Animal Shelter Building
Recommendation:
City Council adopt the Resolution awarding the Animal Shelter Building contract to BMY Construction Group, Inc. and authorize the City Manager to execute the Construction Contract Agreement in the amount of $902,102.00. Staff is requesting a 10% contingency of $90,210.20.
Background:
The Animal Shelter is located at 1010 Airport Rd. Los Banos, CA 93635. The building is over 20 years old and has surpassed its useful life. The building is currently a 12' x 60' modular office. Animal Control Services is headed by the Code Enforcement Sergeant and employs a team of two Code . Enforcement Officers and two Animal Shelter Attendants. A variety of volunteer organizations are utilized to help care for, return and/or adopt animals that come to the shelter. The team's unwavering commitment and diligent efforts to accommodate unclaimed animals are remarkable given the facilities current conditions.
Discussion:
The City released a Request for Proposal for Professional Design Services for the Animal Shelter Renovation Project on December 5, 2022. This proposal resulted in one response. After discussions with the responding consulting firm, the City determined that the cost proposal exceed the available funding.
105
The City then decided to work with an Engineering firm to design a modular building and necessary site improvements to complete phase 1. The major work for phase 1 consists of demolition and removal of the existing building and construction of the new modular building and all associated connections. The City released the advertisement for bid for the Animal Shelter Building Project on December 22, 2023, held a pre-bid meeting with ten prospective contractors on January 3, 2024 and a bid opening on January 19, 2024.
The City received one responsive bid.
Animal Shelter Building
BMY Construction Group, Inc. Fresno, CA $902,102.00
Staff reviewed the bid proposals for completeness. BMY Construction Group, Inc. has provided a responsive and responsible bid for the project. Staff is recommending BMY Construction Group, Inc. be awarded the contract for the construction of the Animal Shelter Building and establish a 10% contingency. The administration of this contract, including the 10% contingency, is to be performed by the Public Works Director/City Engineer.
Fiscal Impact:
There is available funding in Fiscal Year 2023-2024 from the ARPA Funding account number 206-410-100-720 for $1,000,000.00. The total construction cost for phase 1, including the 10% contingency, is expected to be $992,312.20.
Josh Pi
Attachments:
Resolution
Public Notice
Bid Opening Sheet
Contract Agreement
Animal Shelter Building Plans
Brent Kuhn, Interim Finance Director
106
RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS AUTHORIZING THE CITY
MANAGER TO EXECUTE THE CONTRACT WITH
BMY CONSTRUCTION GROUP, INC. FOR THE
PHASE ONE CONSTRUCTION OF THE ANIMAL
SHELTER BUILDING IN THE AMOUNT OF
$902,102.00 AND AUTHORIZING A PROJECT
CONTINGENCY OF $90,210.20
WHEREAS, the City of Los Banos has solicited bids for the construction of the Animal Shelter Building, phase 1, located at 1010 Airport Rd. ; and WHEREAS, the Public Works Department has determined, after receiving competitive proposals, that BMY Construction Group, Inc. provided the lowest responsive and responsible proposal in the amount of $902,102.00; and WHEREAS, the phase 1 proposed construction project includes a 10% contingency in the amount of $90,210.20; 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 BMY Construction Group, Inc. for the construction of the Animal Shelter Building.
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 BMY Construction Group, Inc. for the construction of the Animal Shelter Building.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 21 st day of February 2024, 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:
107
APPROVED:
Paul Llanez, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
108
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 Los Banos Animal Shelter Building will be received by the City of Los Banos at the office of the City Clerk until 2:00 p.m. Pacific Daylight Savings Time, January 19, 2024 and then at said office publicly opened and read aloud.
The major work consists of demolition and removal of an existing building and construction of a new relocatable building and associated utility connections.
The time for completion shall be ninety (90) working days.
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 3247 and a bond for faithful performance of the contract will be required of the successful bidder who is awarded the contract.
The successful bidder must comply with the latest general prevailing rate of per diem wages as determined by the Director of Industrial Relations, State of California, Department of Industrial Relations and is to be paid to the various craftsmen and laborers required to construct said improvements and is made a part of the specifications and contract for said work to which reference is hereby made for further particulars.
No contractor or subcontractor may be listed on a bid proposal or awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.
This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor registration information can be found at:
http://www.dir.ca.gov/Public-Works/PublicWorks.html
Each bid shall be accompanied by cashier's or certified check or by a bidder's bond, made payable to the City of Los Banos and executed by a corporate surety licensed to issue surety bonds in the State of California, for an amount equal to at least ten percent (10%) of the amount of said bid and no bid shall be considered unless such cashier's or certified check or bidder's bond is enclosed therewith.
The successful bidder of this project shall have the following current and active California State Contractor's License at the time of the submission of the bid and throughout the duration of the contract: Class A - General Contractor or Class B - General Building Contractor.
Bidders shall refer to the Contract Document's Information for Bidders for complete instructions. 109
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. 110
LOs Banos
Ar,. of Cah(m 11i"
BID OPENING
LOS BANOS ANIMAL SHELTER BUILDING
JANUARY 191 2024, 2:00 PM
1. BMY Construction Group, Inc.
Signed:
City
Lucille
~c..:R~
Clerk/Human
L. Mallonee,
j..
Resources
MMC
~
Director
Ray Reyna, Police
~ C~ief
$902,102
Dated: January 19, 2024
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112
Agreement
THIS Agreement is dated as of the ____ day of ___ in the year 2024 by and between the City of Los Banos, a California municipal corporation ("Owner'') and BMY Construction Group, Inc. ("Contractor'').
Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows:
1. WORK. Contractor shall complete the work indicated in Owner's Contract Documents entitled "Los Banos Animal Shelter Building."
The work is generally described as follows:
• Demolition and removal of an existing building and construction of a new relocatable building and associated utility connections.
2. CONTRACT TIME. Contractor shall commence the work required by the Contract Documents within 10 calendar days after the date of the Notice to Proceed and will complete the same within the time period set forth in the bid, unless the period for completion is extended otherwise by the Contract Documents.
3. LIQUIDATED DAMAGES. Owner and Contractor recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the work is not completed within the time specified in Paragraph 2 herein, plus any extensions thereof allowed in accordance with Paragraph 21, Time for Completion and Liquidated Damages, of the General Provisions. The parties also recognize the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by Owner if the work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner Eight Hundred Dollars($ 800.00) for each day that passes after the time specified in Paragraph 2 herein.
4. CONTRACT PRICE. Owner shall pay Contractor for completion of the work in accordance with the Contract Documents in current funds the amount set forth in the Bid Schedule(s). The Contractor agrees to perform all of the work described in the Contract Documents for the unit and lump sum prices set forth in the Bid Schedule(s).
5. PAYMENT PROCEDURES. Contractor shall submit applications for payment in accordance with Paragraph 24, Progress Estimates, of the General Provisions. Applications for payment will be processed by Owner as provided in the General Provisions.
6. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between Owner and Contractor concerning the work consists of this Agreement and the following attachments to this Agreement:
(A) Advertisement for Bids
(B) Information for Bidders
(C) Bid
(D) Bid Bond
(E) Agreement
113
(F) Payment Bond
(G) Performance Bond
(H) Notice of Award
(I) Notice to Proceed
(J) Change Order
(K) General Provisions
(L) Special Provisions
(M) Technical Specifications prepared by
"Los Banos Animal Shelter Building".
(N) Drawings prepared by QK numbered 1 through 5
(0) Addenda
No. 1, dated January 12, 2024
No. 2, dated January 16, 2024
QK entitled
There are no Contract Documents other than those listed in this Paragraph 6. The Contract Documents may only be amended by change order as provided in Paragraph 19, Changes in the Work, of the General Provisions.
7. MISCELLANEOUS.
A. Terms used in this Agreement which are defined in Paragraph 1 of the General Provisions will have the meanings indicated in the General Provisions.
B. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.
C. Owner and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents.
D. The Laws of the State of California shall govern this Agreement. Venue is Merced County. The provisions of this paragraph shall survive expiration or other termination of this Agreement regardless of the cause of such termination.
E. All bids become property of the Owner. All bids, including the accepted bid and any subsequent contract become public records per the requirements of the California Government Code, Sections 6250-6270, "California Public Records Act". Proprietary material must be clearly marked as such. Pricing and service elements of the successful bid are not consider proprietary information. The Owner will treat all information submitted in a bid as available for public inspection once the Owner has selected a contractor. If you believe that you have a legally justifiable basis under the California Public Records Act (Government Section 6250 et. seq.) for protecting the confidentiality of any information contained within your bid, you must identify any such information, together with the legal 114
basis of your claim in your bid. In order for the Owner to assess confidentiality of any such information on your behalf, you must request, execute and submit an Owner-prepared written agreement to defend and indemnify the Owner for any liability, costs, and expenses incurred in asserting such confidentiality as part of your bid. The final determination as to whether the Owner will assert your claim of confidentiality on your behalf shall be sole discretion of the Owner.
F. This Agreement shall not be interpreted in favor of any Party by virtue of said Party not having prepared this Agreement.
G. If any time period provided for in this Agreement ends on the day other than a Business Day, the time period shall be extended to the next Business Day.
IN WITNESS WHEREOF, Owner and Contractor have caused this Agreement to be executed the day and year first above written.
Date
ATTEST:
Lucille L. Mallonee
City Clerk
APPROVED AS TO FORM :
William A. Vaughn
City Attorney
Date
(Seal if Corporation)
By: ---------------- Authorized Representative of Owner Title:
By: - --------------- Authorized Representative of Contractor Title: ----------------
(Attach Acknowledgement for Authorized Representative of Contractor) 115
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Agenda Staff Report
TO: Mayor & City Council Members
FROM:
DATE:
Ray Reyna, Chief of Police ;ZJt
February 21, 2024
TYPE OF REPORT: Consent Agenda
SUBJECT: Acceptance of Merced County Tobacco Grant
Ii o 1ia
Recommendation: Authorize the acceptance of a $273,150.00 Tobacco Grant, administered through the County of Merced from the State of California and increase revenues and expenditures in the amount of $273,150.00 for Fiscal Year 2023-2024.
Discussion:
The County of Merced has been awarded a tobacco grant from the State of California to fund partnerships with local law enforcement agencies to conduct minor decoy operations at tobacco retailers, provide retailer education, provide law enforcement training and engage in youth tobacco prevention campaigns.
The City of Los Banos has been allocated $273,150.00 in Merced County grant funding as part of the total grant, to provide enforcement, training and educational services locally. The primary objective of this funding is to reduce youth access to tobacco products within our community.
The budget for this grant, including account numbers are as follows:
Revenues: 100-000-334-010 $273,150.00 State Grants
Expenditures: 100-421-180-103 $174,110.41 Overtime
100-421-180-120 $83,573.00 Benefits
100-421-180-257 $14,596.34 Travel
100-421-180-273 $870.25 Special Expense
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Fiscal Im pact:
Revenues and Expenditures for Fiscal Year 2023-2024 will increase in the amount of $273,150.00. This grant expires on June 30, 2026, therefore funding from this grant will be included in the next two fiscal year budgets.
Reviewed by:
J Brent Kuhn, Finance Director
Attachments:
Resolution
Merced County Contract
118
RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS APPROVING THE
ACCEPTANCE OF A STATE OF CALIFORNIA
TOBACCO GRANT, ADMINISTERED THROUGH
THE COUNTY OF MERCED, IN THE AMOUNT OF
$273,150.00 AND AMENDING THE 2023-2024
FISCAL YEAR BUDGET BY INCREASING THE
APPROPRIATION AMOUNT FOR
EXPENDITURES AND REVENUES IN THE
AMOUNT OF $273,150.00
WHEREAS, there has been presented to the City Council of the City of Los Banos a proposal to increase the appropriation limit in the City Budget for the 2023- 2024 Fiscal Year; 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 2023-2024 Fiscal Year by action to amend this budget; and
WHEREAS, the proposed budget increase of $273,150.00 in revenues and expenditures in the Police Department's State Grant fund has been reviewed by City Council; and
WHEREAS, funding through this grant program is made available to fund partnerships with local law enforcement agencies to conduct minor decoy operations at tobacco retailers, provide retailer education, provide law enforcement training and engage in youth tobacco prevention campaigns;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby approve the acceptance of the State of California Tobacco Grant funding, through the County of Merced, in the amount of $273,150.00 and increase the appropriation limit for revenues and expenditures in the amount of $273, 150.00 within the State Grant Fund for Fiscal Year 2023-2024. The budget for this grant, including account numbers is as follows:
Revenues: 100-000-334-010 $273,150.00 State Grants
Expenditures: 100-421-180-103 $174,110.41 Overtime
100-421-180-120 $83,573.00 Benefits
100-421-180-257 $14,596.34 Travel
100-421-180-273 $870.25 Special Expense
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The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 21st day of February, 2024, 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
120
AGREEMENT FOR SPECIAL SERVICES
BETWEEN
CITY OF LOS BANOS
AND
MERCED COUNTY
CONTRACT NO. ___ _
THIS AGREEMENT, is made and entered into by and between the County of Merced, a political subdivision of the State of California, (hereinafter referred to as "County"), and The City of Los Banos, on behalf of its Police Department located at 945 5th St. Los Banos, CA 93635 (hereinafter referred to as "Contractor").
WHEREAS, County was awarded funding from the California Department of Justice (DOJ) Tobacco grant program, to enforce state and local laws related to illegal sale and marketing of tobacco products to minors and youth; and
WHEREAS, County desires to contract with Contractor for special services which consist of recruiting and training young adults/explorers on how to conduct minor decoy operations; and
WHEREAS, Contractor is specially trained, experienced, and competent to perform such services in connection with providing technical assistance on Stop Tobacco Access to Kids Enforcement (STAKE ACT) to reduce youth access to tobacco products; and WHEREAS, the parties desire to set forth herein the terms and conditions under which said services shall be furnished .
NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows:
1. SCOPE OF SERVICES
Contractor shall provide assistance by conducting minor decoy· operations and providing assistance with training services in accordance with the terms and conditions stated herein, and any specifically referenced attachments hereto.
The following exhibits are specifically incorporated by reference, attached hereto, and made a part hereof, except when in conflict with this Agreement or modified herein:
Exhibit AExhibit B -
Scope of Work
Budget
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2. TERM
The term of this Agreement shall commence on the 20th day of February, 2024, and continue until the 30th day of June, 2026, unless sooner terminated in accordance with the sections entitled "TERMINATION FOR CONVENIENCE", "TERMINATION FOR CAUSE", or "CONDITION SUBSEQUENT TO NONAPPROPRIATION OF FUNDING", as set forth elsewhere in this Agreement.
3. COMPENSATION
County agrees to pay Contractor a Total Contract Price of Two Hundred SeventyThree Thousand, One Hundred Fifty Dollars and No Cents ($273,150.00) for all of Contractor's services to be provided herein, as are more specifically set forth under Section 1, "SCOPE OF SERVICES". The Total Contract Price shall include all of County's compensation to Contractor, including reimbursement for all expenses incurred by Contractor in the performance of this Agreement. No other fees or expenses of any kind shall be paid to Contractor in addition to the Total Contract Price. In no event shall the total services to be provided hereunder exceed the Total Contract Price. This fee may be subject to withholding for State of California income tax.
Any and/or all payments made under this Agreement shall be paid by check, payable to the order of the Contractor and be mailed or delivered to Contractor at:
Name:
Address:
City/State/Zip:
City of Los Banos, Police Department
945 5th St.
Los Banos, CA 93635
Contractor may request that County mail the check to Contractor, to such other address as Contractor may from time to time designate to County. Such request must be made in writing in accordance with the procedures as outlined under Section 7, "NOTICES".
4. PRICING CONDITIONS
County agrees to pay Contractor for all services required herein as prescribed, fixed at the submitted pricing, which shall include reimbursement for all expenses incurred. No other expenses shall be paid to Contractor without formal approval of the County's Board of Supervisors or its authorized agent. In no event shall the total services to be performed hereunder exceed $273,150.
County shall not be responsible for any charges or expenses incurred by Contractor, his/her agents, employees or independent contractors, other than those listed herein, in connection with the performance of services hereunder unless authorized in advance in writing by County.
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5. TERMS OF PAYMENT
Payment shall be only for full, complete satisfactory performance of the services required to be provided herein and as set forth under Section 1, "SCOPE OF SERVICES." Payment shall be made in the following manner:
Upon completion of the required services as set forth under Section 1, "SCOPE OF SERVICES," Contractor shall submit an invoice within thirty (30) calendar days of each invoice period, detailing the services it has provided and the amount owed under this Agreement. In addition to the invoice submitted by the Contractor for payment, Contractor must complete and submit to the County, Form W-9, "A Request for Taxpayer Identification Number and Certification", located at www.irs.gov/pub/irs-pdf/fw9.pdf. Both the invoice and W-9 form shall be forwarded to the County at the County address shown under Section 7, "NOTICES" of this Agreement, not later than thirty (30) calendar days after completion and acceptance by the County of all tasks identified on the invoice. Upon approval by County, the fee due hereunder shall be paid to Contractor within thirty (30) days following receipt of a proper invoice.
In no event shall County be liable for the payment of any invoice not submitted within thirty (30) calendar days following termination of the Agreement.
6. NO PAYMENT FOR SERVICE PROVIDED FOLLOWING EXPIRATION /
TERMINATION OF AGREEMENT
Contractor shall have no claim against County for payment of any kind whatsoever for any services provided by Contractor which were provided after the expiration or termination of this Agreement.
7. NOTICES
All notices, requests, demands or other communications under this Agreement shall be in writing. Notice shall be sufficiently given for all purposes as follows:
A. Personal Delivery. When personally delivered to the recipient, notice is effective upon delivery.
B. First Class Mail. When mailed first class to the last address of the recipient known to the party giving notice, notice is effective three mail delivery days after deposit in a United States Postal Service office or mailbox.
C. Certified Mail. When mailed by certified mail, return receipt requested, notice is effective upon receipt, if delivery is confirmed by a return receipt.
D. Overnight Delivery. When delivered by an overnight delivery service, charges prepaid or charged to the sender's account, notice is effective on 3 123
delivery, if delivery is confirmed by the delivery service.
Any correctly addressed notice that is refused, unclaimed or undeliverable because of an act or omission of the party to be notified shall be deemed effective as of the first date that the notice was refused, unclaimed or deemed undeliverable by the postal authorities, messengers or overnight delivery service.
Information for notice to the parties to this Agreement at the time of endorsement of this Agreement is as follows:
County of Merced c/o
Department Public Health
260. E 15th Street
Merced, CA 95341
Contractor
Los Banos Police Department
945 5th Street
Los Banos, CA 93635
Any party may change its address by giving the other party notice of the change in any manner permitted by this Agreement.
8. CONDITION SUBSEQUENT TO NON-APPROPRIATION OF FUNDING The compensation paid to Contractor pursuant to this Agreement is based on County's continued appropriation of funding for the purpose of this Agreement, as well as the receipt of local, county, state and/or federal funding for this purpose.
The parties acknowledge that the nature of government finance is unpredictable, and that the rights and obligations set forth in this Agreement are therefore contingent upon the receipt and/or appropriation of the necessary funds. In the event that funding is terminated, in whole or in part, for any reason, at any time, this Agreement and all obligations of the County arising from this Agreement shall be immediately discharged. County agrees to inform Contractor no later than ten (10) calendar days after the County determines, in its sole judgment, that funding will be terminated and the final date for which funding will be available. Under these circumstances, all billing or other claims for compensation or reimbursement by Contractor arising out of performance of this Agreement must be submitted to County prior to the final date for which funding is available. In the alternative, County and Contractor may agree, in such circumstance, to a suspension or modification of either party's rights and obligations under this Agreement. Such a modification, if the parties agree thereto, may permit a restoration of previous contract terms in the event funding is reinstated. Also in the alternative, if funding is provided to the County in the form of promises to pay at a later date, whether referred to as "government warrants", "IOU's", or by any other name, the County may, in its sole discretion, provide similar promises to pay to the Contractor, which the Contractor hereby agrees to accept as sufficient payment until cash funding becomes available.
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9. TERMINATION FOR CONVENIENCE
This Agreement, notwithstanding anything to the contrary herein above or hereinafter set forth, may be terminated by County at any time without cause or legal excuse by providing the other party with thirty (30) calendar days written notice of such termination.
Upon effective date of termination, County shall have no further liability to Contractor except for payment for actual services incurred during the performance hereunder. Such liability is limited to the time specified in said notice and for services not previously reimbursed by County. Such liability is further limited to the extent such costs are actual, necessary, reasonable, and verifiable costs and have been incurred by Contractor prior to, and in connection with, discontinuing the work hereunder.
10. TERMINATION FOR CAUSE
The County may terminate this Agreement and be relieved of making any payments to Contractor and all duties to Contractor should the Contractor fail to perform any material duty or obligation of the Agreement. Notice shall be given as otherwise provided herein. In the event of such termination the County may proceed with the work in any manner deemed proper by the County. All costs to the County shall be deducted from any sum otherwise due the Contractor and the balance, if any, shall be paid to the Contractor upon demand. Such remedy is in addition to such other remedies as may be available to the County provided by law.
11. MODIFICATION OF THE AGREEMENT
Notwithstanding any of the provisions of this Agreement, the parties may agree to amend this Agreement. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. No oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto.
12. INSURANCE
A. Insurance Requirements
Prior to the commencement of work, and as a precondition to this Agreement, Contractor shall purchase and maintain the following types of insurance for the stated minimum limits indicated during the term of this Agreement. Contractor shall provide a certificate of insurance (COi) and endorsements on each policy as required in this Section. Each COi shall specify if Contractor has a self-insured retention (SIR), and if so, Contractor shall be required to provide the entire policy of insurance with which it has 5 125
an SIR and/or deductible. All deductibles and SIRs shall be fully disclosed in the COi and are subject to the express written permission of the County Risk Manager.
1. Commercial General Liability (CGL): $1,000,000 per occurrence and $2,000,000 annual aggregate covering products and completed operations, bodily injury, personal injury and property damage. The County and its officers, employees and agents shall be endorsed to above policy as additional insured, using ISO form CG2026 or an alternate form that is at least as broad as form CG2026, as to any liability arising from the performance of this Agreement.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage, or alternatively split limits of $500,000 per person and $1,000,000 per accident for bodily injury with $250,000 per accident for property damage.
3. Workers Compensation: Statutory coverage, if and as required according to the California Labor Code, including Employers' Liability limits of $1,000,000 per accident. The policy shall be endorsed to waive the insurer's subrogation rights against the County.
B. Insurance Conditions
1 . Contractor's insurance is to be primary and non-contributory with any insurance of the County and placed with admitted insurers rated by A.M. Best Co. as A: VII or higher. Lower rated, or approved but not admitted insurers, or any other requirement changes (such as limits) are subject to the prior approval of the County Risk Manager.
2. Each of the above required policies shall be endorsed to provide the County with thirty (30) days prior written notice of cancellation. The County is not liable for the payment of premiums or assessments on the policy. No cancellation provisions in the insurance policy shall be construed in derogation of the continuing duty of Contractor to furnish insurance during the term of this Agreement.
3. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the County requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the County.
4. If the Contractor uses subcontractors or others to perform work under this Agreement, such subcontractors or other persons shall be 6 126
Named Insured or Additionally Insured to the Contractor's required insurance coverage, or required by the Contractor to comply with equivalent insurance and conditions of this Section.
13. INDEMNIFICATION
Contractor has the contracted duty (hereinafter "the duty") to indemnify, defend and hold harmless, County, its Board of Supervisors, officers, employees, agents and assigns from and against any and all claims, demands, liability, judgments, awards, interest, attorney's fees, costs, experts' fees and expenses of whatsoever kind or nature, at any time arising out of or in any way connected with the performance of this Agreement, whether in tort, contract or otherwise. This duty shall include, but not be limited to, claims for bodily injury, property damage, personal injury, and contractual damages or otherwise alleged to be caused to any person or entity including, but not limited to employees, agents and officers of Contractor.
Contractor's liability for indemnity under this Agreement shall apply, regardless of fault, to any acts or omissions, willful misconduct or negligent conduct of any kind, on the part of the Contractor, its agents, subcontractor and employees. The duty shall extend to any allegation or claim of liability except in circumstances found by a jury or judge to be the sole and legal result of the willful misconduct of County.
This duty shall arise at the first claim or allegation of liability against County.
Contractor will on request and at its expense defend any action, suit or proceeding arising hereunder. This clause for indemnification shall be interpreted to the broadest extent permitted by law.
14. INDEPENDENT CONTRACTOR
It is mutually understood and agreed that Contractor is an independent contractor in the performance of the work duties and obligations devolving upon Contractor under this Agreement. County shall neither have, nor exercise any control or direction over the methods by which Contractor shall perform the assigned work and functions. The contractual interest of County is to assure that the services covered by this Agreement shall be performed and rendered in a competent, efficient and satisfactory manner.
It is agreed that no employer-employee relationship is created and Contractor shall hold County harmless and be solely responsible for withholding, reporting and payment of any federal, state or local taxes; any contributions or premiums imposed or required by workers' compensation; any unemployment insurance; any social security income tax; and any other obligations from statutes or codes applying to Contractor, or its subcontractors and employees, if any.
It is mutually agreed and understood that Contractor, its subcontractors and employees, if any, shall have no claim under this Agreement or otherwise against 7 127
the County for vacation pay, sick leave, retirement or social security benefits, occupational or non-occupational injury, disability or illness, or loss of life or income, by whatever cause.
Contractor shall ensure that all its personnel and employees, subcontractors and their employees, and any other individuals used to perform the contracted services are aware and expressly agree that County is not responsible for any benefits, coverage or payment for their efforts.
15. RECORDS, INFORMATION AND REPORTS
Contractor shall maintain full and accurate records with respect to all matters covered under this Agreement. To the extent permitted by law, County shall have free access at all proper times or until the expiration of four (4) years after the furnishing of services to such records, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all data, documents, proceedings, and activities pertaining to this Agreement.
To the extent permitted by law, Contractor shall furnish County such periodic reports as County may request pertaining to the work or services undertaken pursuant to this Agreement. The costs and obligations incurred or to be incurred in connection therewith shall be borne by the Contractor.
16. OWNERSHIP OF DOCUMENTS
To the extent permitted by law, all technical data, evaluations, plans, specifications, reports, documents, or other work products developed by Contractor hereunder are the exclusive property of County and upon request of County shall be delivered to County upon completion of the services authorized hereunder. In the event of termination, all finished or unfinished documents and other materials, if any, at the option of County, and to the extent permitted by law, shall become the property of the County. Contractor may retain copies thereof for its files and internal use.
Any publication of information directly derived from work performed or data obtained in connection with services rendered under this Agreement must be first approved by County.
17. QUALITY OF SERVICE
Contractor shall perform its services with care, skill, and diligence, in accordance with the applicable professional standards currently recognized by such profession, and shall be responsible for the professional quality, technical accuracy, completeness, and coordination of all reports, designs, drawings, plans, information, specifications, and/or other items and services furnished under this Agreement.
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Contractor shall, without additional compensation, correct or revise any errors or deficiencies immediately upon discovery in its reports, drawings, specifications, designs, and/or other related items or services.
18. PERSONAL SATISFACTION AS A CONDITION PRECEDENT
The obligations of County as provided in this Agreement are expressly conditioned upon Contractor's compliance with the provisions of this Agreement to the personal satisfaction of the County. County shall determine compliance in good faith as a reasonable person would under the circumstances.
19. ENTIRE AGREEMENT
This Agreement and any additional or supplementary document or documents incorporated herein by specific reference contain all the terms and conditions agreed upon by the parties hereto, and no other contracts, oral or otherwise, regarding the subject matter of this Agreement or any part thereof shall have any validity or bind any of the parties hereto.
20. COUNTY NOT OBLIGATED TO THIRD PARTIES
County shall not be obligated or liable hereunder to any party other than Contractor.
21. LAWS, LICENSES, PERMITS AND REGULATIONS
Contractor and County agree to comply with all State laws and regulations that pertain to construction, health and safety, labor, minimum wage, fair employment practice, equal opportunity, and all other matters applicable to Contractor and County, their sub-grantees, Contractors, or subcontractor, and their work.
Contractor shall possess and maintain all necessary licenses, permits, certificates and credentials required by the laws of the United States, the State of California, County of Merced and all other appropriate governmental agencies, including any certification and credentials required by County. Failure to maintain the licenses, permits, certificates, and credentials shall be deemed a breach of this Agreement and constitutes grounds for the termination of this Agreement by County.
22. LIMITED EFFECT OF WAIVER OR PAYMENT
In no event shall the making, by County, of any payment to Contractor constitute, or be construed as, a waiver by County of any breach of covenant, or any default which may then exist, on the part of Contractor. The making of any such payment by County while any such breach or default shall exist, shall not be construed as acceptance of substandard or careless work or as relieving Contractor from its full 9 129
responsibility under this Agreement.
No waiver by either party of any default, breach or condition precedent shall be valid unless made in writing and signed by the parties hereto. No oral waiver of any default, breach or condition precedent shall be binding on any of the parties hereto. Waiver by either party of any default, breach or condition precedent shall not be construed as a waiver of any other default, breach or condition precedent, or any other right hereunder.
23. PERSONNEL
Contractor represents that it has, or will secure at its own expense, all personnel required in performing the services under this Agreement. All of the services required hereunder will be performed by Contractor or under its supervision, and all personnel engaged in the work shall be qualified to perform such services.
24. APPLICABLE LAW; VENUE
All parties agree that this Agreement and all documents issued or executed pursuant to this Agreement as well as the rights and obligations of the parties hereunder are subject to and governed by the laws of the State of California in all respects as to interpretation, construction, operation, effect and performance. No interpretation of any provision of this Agreement shall be binding upon County unless agreed in writing by County and counsel for County.
Notwithstanding any other provision of this Agreement, any disputes concerning any question of fact or law arising under this Agreement or any litigation or arbitration arising out of this Agreement, shall be tried in Merced County, unless the parties agree otherwise or are otherwise required by law.
25. BREACH OF CONTRACT
Upon breach of this Agreement by Contractor, County shall have all remedies available to it both in equity and/or at law.
26. REMEDY FOR BREACH AND RIGHT TO CURE
Notwithstanding anything else in this Agreement to the contrary, if Contractor fails to perform any obligation of this Agreement, the County may itself perform, or cause the performance of, such agreement or obligation. In that event, Contractor will, on demand, fully reimburse County for all such expenditures. Alternatively, County, at its option, may deduct from any funds owed to Contractor the amount necessary to cover any expenditures under this provision. This is in addition to any other remedies available to the County by law or as otherwise stated in this Agreement.
IO
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27. SUCCESSORSININTEREST
All the terms, covenants, and conditions of this Agreement shall be binding and in full force and effect upon any successors in interest and assigns of the parties hereto. This paragraph shall not be deemed as a waiver of any of the conditions against assignment set forth herein.
28. CONFLICT OF INTEREST
Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of this Agreement. Contractor shall ensure that no conflict of interest exists between its officers, employees, or subcontractors, and the County.
Contractor shall ensure that no County officer or employee in a position that enables them to influence this Agreement will have any direct or indirect financial interest resulting from this Agreement. Contractor shall ensure that no County employee shall have any relationship to the Contractor or officer or employee of the Contractor, nor that any such person will be employed by Contractor in the performance of this Agreement without immediate divulgence of such fact to the County.
29. NONDISCRIMINATION IN EMPLOYMENT, SERVICES, BENEFITS AND
FACILITIES
Contractor and any subcontractors shall comply with all applicable federal, state, and local Anti-discrimination laws, regulations, and ordinances and shall not unlawfully discriminate, deny family care leave, harass, or allow harassment against any employee, applicant for employment, employee or agent of County, or recipient of services contemplated to be provided or provided under this Agreement, because of race, ancestry, marital status, color, religious creed, political belief, national origin, ethnic group identification, sex, sexual orientation, age (over 40), medical condition (including HIV and AIDS), or physical or mental disability. Contractor shall ensure that the evaluation and treatment of its employees and applicants for employment, the treatment of County employees and agents, and recipients of services are free from such discrimination and harassment.
Contractor represents that it is in compliance with and agrees that it will continue to comply with the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.), the Fair Employment and Housing Act (Government Code§§ 12900 et seq.), and ensure a workplace free of sexual harassment pursuant to Government Code 12950 and regulations and guidelines issued pursuant thereto.
Contractor agrees to compile data, maintain records and submit reports to permit effective enforcement of all applicable antidiscrimination laws and this provision. 11 131
Contractor shall include this nondiscrimination provision in all subcontracts related to this Agreement and when applicable give notice of these obligations to labor organizations with which they have Agreements.
30. CAPTIONS
The captions of each paragraph in this Agreement are inserted as a matter of convenience and reference only, and in no way define, limit, or describe the scope or intent of this Agreement or in any way affect it.
31. SUBCONTRACTS - ASSIGNMENT
Contractor shall not subcontract or assign this Agreement, or any part thereof, or interest therein, directly or indirectly, voluntarily or involuntarily, to any person without obtaining the prior written consent by County. Contractor remains legally responsible for the performance of all contract terms including work performed by third parties under subcontracts. Any subcontracting will be subject to all applicable provisions of this Agreement. Contractor shall be held responsible by County for the performance of any subcontractor whether approved by County or not.
Contractor hereby assigns to the County all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from the purchase of goods, materials, or services by the Contractor for sale to the County pursuant to this Agreement.
32. SEVERABILITY
If a court of competent jurisdiction holds any provision of this Agreement to be illegal, unenforceable or invalid, in whole or in part, for any reason, the validity and enforceability of the remaining provisions, or portion of them, will not be affected.
Compensation due to Contractor from the County may, however, be adjusted in proportion to the benefit received despite the removal of the effected provision.
33. DUPLICATE COUNTERPARTS
This Agreement may be executed in duplicate counterparts, each of which shall be deemed a duplicate original. The Agreement shall be deemed executed when it has been signed by both parties.
34. COVID-19 REQUIREMENTS
Contractor, at Contractor's sole expense, shall follow all State and local laws, rules, regulations, guidelines, and orders related to the COVID-19 pandemic in the 12 132
performance of its work under this Agreement. This shall include, but not be limited to, creating a COVID-19 worksite-specific prevention plan prior to conducting Contractor's business/activity. Contractor is encouraged to frequently reference www.covid19.ca.qov for information on State requirements for operation of specified businesses/activities.
Signature page to follow
13 133
By:
Dated:
County of Merced
Raul Lomeli Mendez
County Executive Officer
APPROVED AS TO LEGAL FORM
MERCED COUNTY COUNSEL
By:
Dated:
By:
Dated:
14 Contractor
Josh Pinheiro
City Manager
134
Exhibit A - Scope of Work
Grant: Tobacco Law Enforcement Grant - DOJ-Prop 56 - 2022-23-1-024 The following items provide a description of program-specific activities and deliverables expected of the contracting party to meet the objectives for the Tobacco Law Enforcement Program. The goal is to reduce youth access to tobacco products by conducting minor decoy operations.
The Contractor will carry out the activities specified to achieve goals and objectives for the Tobacco Law Enforcement Program:
Activity Deliverables
1. Recruit and train young • Names and contact information of young adults/explorers on how to conduct adults/explorers.
minor decoy operations.
• All materials developed must be
In coordination with County, recruit submitted to County and approved by and train six (6) young adults (18 -20 County before dissemination and include years old}/explorers. program attribution.
2. Conduct minor decoy operations • Sign-in sheets from trainings In coordination with County, conduct • List of tobacco retailers for each round of a minimum of two (2) rounds of minor decoy operations
decoy operations at fifty percent
(50%) of tobacco retailers in Los • Completed "Young Adult Tobacco Banos, visiting each store at least Purchase Survey" after each store twice in the grant period. operation. • All materials developed must be
submitted to County and approved by
County before dissemination and include
program attribution.
3. Provide technical assistance on • Sign-in sheets from trainings
STAKE ACT
•
In coordination with County, conduct
Training material that addresses equity
a minimum of two trainings and • All materials developed must be technical assistance on STAKE ACT submitted to County and approved by versus Penal CODE 308 to law County before dissemination and include enforcement. program attribution.
(Meet with law enforcement
leadership to ascertain ticketing
practices related to tobacco control.)
15 135
4. Contractor's Progress
Submit monthly invoices within fifteen
(15) days of end of month, using
County's template, and backup
documentation.
Contractor will participate in a onetime subcontractor training provided by County's Community Health and
Wellness management discussing
expectations, invoicing, overview of
grant, reporting template, etc.
• Submit invoice with monthly report in
order to receive payment. Due monthly by
the 15th day of the month.
• Retailer list will be obtained from California Department of Tax and Fee Administration (CDTFA)
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Exhibit B - Budget
Grant: Tobacco Law Enforcement Grant
Agency: City of Los Banos, Police Department
Budget/Budget Justification FY23 - FY26
Year 1- FY23/24
Personnel and Fringe Benefits
Position Budget Justification Salary Hours Budget Request Police Officer 1 Officer will assist with minor 90.42/hr 121 $10,940.82 decoy operations.
Police Officer 2 Officer will assist with minor 90.42/hr 121 $10,940.82 decoy operations.
Police Officer 3 Officer will assist with minor 90.42/hr 121 $10,940.82 decoy operations.
Police Officer 4 Officer will assist with minor 90.42/hr 121 $10,940.82 decoy operations.
Police Sergeant Sergeant will oversee minor 118.26/hr 121 $14,309.46 decoy operations and
Deputies.
Total
Total Personnel $58,072.74
Fringe Benefits
Police Officer/Sergeant Fringe Benefits $27,874.92
Total Personnel and Fringe Benefits $85,947.66
Mileage
Local Travel (in- Travel costs for decoy (Mile rate) $0.655/mlle county) operations
Total Travel $4,862.34
Petty Cash
Cash for decoy operations $240.00
rec.!lr 1-Total Estimated Costs $91,050.00
Year 2 - FY 24/25
Personnel and Fringe Benefits
Police Officer 1 Officer will assist with minor 92.68/hr 118 $10,936.24 decoy operations.
Police Officer 2 Officer will assist with minor 92.68/hr 118 $10,936.24 decoy operations.
Police Officer 3 Officer will assist with minor 92.68/hr 118 $10,936.24 decoy operations.
17 137
Police Officer 4 Officer will assist with minor 92.68/hr 118 $10,936.24 decoy operations.
Police Sergeant Sergeant will oversee minor 121.22/hr 118 $14,303.96 decoy operations and
Deputies.
Total
Total Personnel $58,048.92
Fringe Benefits
Police Officer/ Sergeant Fringe Benefits $27,863.48
Total Personnel and Fringe Benefits $85,912.40
Mileage
Local Travel (in- Travel costs for decoy (Mile rate) $0.655/mile county) operations
Total Travel $4,867.00
Petty cash
Cash for decoy operations $270.60
YMrZ-TGbll- - ·. ~~ji _:::-•. -. ·COiii - 1: .•::·r ~T- ,, . ' ,_ I :
Year 3 - FY 25/26
Personnel and Fringe Benefits
Police Officer 1 Officer will assist with minor 95.00/hr 115 $10,925.00 decoy operations.
Police Officer 2 Officer will assist with minor 95.00/hr 115 $10,925.00 decoy operations.
Police Officer 3 Officer will assist with minor 95.00/hr 115 $10,925.00 decoy operations.
Police Officer 4 Officer will assist with minor 95.00/hr 115 $10,925.00 decoy operations.
Police Sergeant Sergeant will oversee minor 124.25/hr 115 $14,288.75 decoy operations and
Deputies.
Total
Total Personnel $57,988.75
Fringe Benefits
Police Officer/ Sergeant Fringe Benefits $27,834.60
Total Personnel and Fringe Benefits $85,823.35
Mileage
18 138
Local Travel (inI
Travel costs for decoy
I
(Mile rate)
county} operations $0.655/mile I I
Total Travel I $4,861.00
Petty Cash
Cash for decoy operations I $359.65
Year 3 - TotafEstimated Costs I $91,oso.oo
Total 3-year Estimated Contract Cost I $:Z73,150.00
19 139
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140
TO:
FROM:
DATE:
LOsBanos ·o d ,J alUon1i
Agenda Staff Report
Mayor Llanez and City Council Members
Stacy Souza Elms, Community and Economic Development Director ~f._.
February 21, 2024
TYPE OF REPORT: Consent Agenda
SUBJECT: Authorize the execution of an Agreement between the City of Los Banos and PARC Environmental in the amount of $163,440 for the Police Annex Asbestos and Lead Abatement Project
Recommendation:
Authorize the execution of an Agreement to Professional Asbestos Removal Corporation dba: PARC Environmental (PARC) in the amount of $163,440 for the Police Annex Asbestos and Lead Abatement Project
Background:
The City is in the preliminary renovation stages for the former Police Annex building located at 535 J Street. The building is a two-story structure consisting of approximately 9,322 square feet.
An inspection was conducted by Bovee Environmental Management, a certified asbestos consultant and California Department of Public Health Inspector/Assessor/ Project Monitor. The inspection concluded the building to be positive in containing materials considered to contain asbestos and lead. Abatement of these materials is critical in the next step of renovating and reutilizing the existing building. 1 141
Discussion:
Staff released a Request for Proposal for the Asbestos and Lead Abatement Services on January 26, 2024. The RFP was due on February 9, 2024. The City received four (4) proposals from Bowen Engineering & Environmental, PARC Environmental, CVE Contracting Group, Inc., and JM Environmental, Inc.
The proposals were evaluated in accordance with the qualification requirements set forth in the RFP. The submittals were ranked and it was determined that PARC Environmental received the highest score.
The scope of work consists of removing, transporting and dispose of asbestos and lead containing materials identified in the Bovee Environmental Management surveys. In addition, the project will include a soft demo throughout the building of all finishes to prepare the building for renovation. This project is critical in the renovation process of the existing building.
Fiscal Impact:
The abatement will be funded from account 304-410-100-720 Building & Structures in FY 23/24 for the total project cost of $163,440.
Reviewed by:
Brent Kuhn, Interim Finance Director
Atta
1 . Resolution
2. RFP Results
3. Agreement
2 142
RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF LOS BANOS AND PARC
ENVIRONMENTAL FOR ASBESTOS AND LEAD
ABATEMENT SERVICES AT 535 J STREET IN
THE AMOUNT OF $163,440
WHEREAS, a Request for proposals was issued on January 26, 2024, for asbestos and lead abatement seNices; and
WHEREAS, staff has reviewed the proposals of each firm which submitted a proposal, and negotiated the cost proposal with the firm being recommended; and WHEREAS, the proposed agreement has been reviewed by the City Attorney and approved as to form.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby authorize the City Manager to execute an agreement between the City of Los Banos and PARC Environmental for asbestos and lead abatement seNices at 535 J Street in the amount of $163,440.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 21 st day of February 2024, 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
143
LOs Banos
Al ll1e Cms.smads t?{ Cal~fornit1
REQUEST FOR PROPOSAL RES UL TS
ASBESTOS AND LEAD ABATEMENT SERVICES
February 9, 2024 - 2:00 p.m.
1. Bowen Engineering & Environmental
2. Pare Environmental
3. CVE Contracting Group, Inc. dba Central Valley Environmental
4. JM Environmental, Inc.
Signed~ Dated: February 9, 2024
Sara Blevins, CMC
Assistant City Clerk/HR Analyst
144
AGREEMENT BY AND BETWEEN
THE CITY OF LOS BANOS
AND
PARC ENVIRONMENTAL
[POLICE ANNEX ASBESTOS AND LEAD ABATEMENT PROJECT]
THIS CONTRACT is made and entered into this_ day of February 2024, between CITY OF LOS BANOS, a municipal corporation ("City") and PROFESSIONAL ASBESTOS REMOVAL CORPORATION, DBA: PARC ENVIRONMENTAL ("Contractor").
RECITALS
A. WHEREAS, the City of Los Banos (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 desires to contract asbestos and lead abatement services for the Los Banos Police Annex located at 535 J Street in the City of Los Banos (Project); C. WHEREAS, Contractor submitted a responsible proposal in response to a Request for Proposal prepared by the City;
D. WHEREAS, City has determined that Contractor is qualified by experience and ability to render such services; and
E. WHEREAS, City and Contractor desire to contract for specific services in connection with landscape maintenance for the City and desire to set forth their rights, duties and obligations in connection with the services to be performed.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:
1. AW ARD OF CONTRACT
1.01 Contract Documents. The Contract Documents shall include this Contract, City's Request for Proposal attached hereto as Exhibit A; Contractor's proposal dated February 9, 2024 attached hereto as Exhibit B; BEM Lead Inspection Report dated December 13, 2023 attached hereto as Exhibit C; BEM Asbestos Inspection Report dated December 1, 2023 attached hereto as Exhibit D; and any future Addenda and Amendments.
1.02. Term. The term of this Agreement shall commence upon execution of this Agreement and City's issuance to Contractor a notice to proceed for all or a portion of the work and shall terminate upon City's acceptance and payment for all or such portion of the work as was authorized by such notice, unless terminated earlier as set forth herein. 145
1.03. Scope of Work. Subject to the terms and conditions set forth in this Contract, and as set forth in the City's Request for Proposal, Contractor shall furnish all labor, materials, services, transportation, and equipment necessary in order to provide the asbestos and lead abatement services described in the City's Request for Proposal.
1.04. Additional Services. Notwithstanding services described above, the City may request and Contractor may agree to perform other services. The scope of such services and compensation shall be agreed to in writing, signed by both parties and shall become a part of this Agreement.
1.05. Compensation. The total amount to be paid under this Contract for all of the work set forth in Section 1.03 above shall not exceed $163,440 in accordance with Exhibit B attached hereto and incorporated herein by this reference ("Total Contract Price"). This price includes all costs for labor, materials, tools, equipment, services, warranty, taxes, insurance, overhead, profit and all other costs necessary to perform the work in accordance with this Contract.
1.06. Billing. Compensation shall be paid to Contractor upon completion of the project and receipt and approval by City of invoices setting forth in detail the services performed. City shall pay Contractor within thirty (30) days after approval of the invoice by City staff.
1.07. Time for Performance. After the Contract has been executed by City, Contractor shall begin work after the effective date of the Notice to Proceed issued by City and shall diligently prosecute the work from the effective date of the Notice to Proceed. (a) All work under this contract shall be completed before the expiration of sixty (60) calendar days from the commencement date specified in the Notice to Proceed. If Contractor shall be delayed in the work by the acts or neglect of City, or its employees or those under it by contract or otherwise, or by changes ordered in the work, or by strikes, lockouts by others, fire, unusual delay in transportation, unavoidable casualties or any causes beyond the Contractor's control, or by delay authorized by the City, or by any cause which the City shall decide to justify the delay, then the time of completion shall be extended for such reasonable time as the City may decide. (b) If Contractor fails to complete the Work within the Contract Time, Contractor shall pay to the City, as liquidated damages and not as a penalty, $500.00 per day for each calendar day after the expiration of the Contract Time that the Work remains incomplete.
1.08 Contractor's Representations. In order to induce City to enter into this Agreement Contractor makes the following representations:
(a) Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Request for Proposals.
(b) Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. 146
( c) Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. (d) Contractor has carefully studied the BEM Lead Inspection Report dated 12.13.2023 attached hereto as Exhibit C and BEM Asbestos Inspection Report dated 12.01.2023 attached hereto as Exhibit D.
(e) Contractor has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by Contractor, and safety precautions and programs incident thereto. (f) Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents.
(g) The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
2. GENERAL WORK REQUIREMENTS
2.01 . Standards. Contractor shall provide contracted services in the manner specified in the City's Request for Proposal incorporated herein by reference and in conformance with the general work requirements set forth herein. All services shall be performed by Contractor's or under Contractor's supervision. All services to be provided by Contractor 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 Contractors in in contractors field of expertise.
2.02. Public Convenience. Contractor shall so conduct its operations as to offer the least possible obstruction and inconvenience to the public and to owners of abutting property.
2.03. Traffic Control Measures. Contractor shall provide appropriate vehicular, pedestrian and bicycle traffic control measures. All work shall be planned and carried out so that there is least possible inconvenience to vehicular and pedestrian and bicycle traffic, including deliveries to adjacent properties.
2.04. Sound Control Requirements. Contractor shall comply with all local sound control and noise level rules, regulations and ordinances that apply to any work performed pursuant to the Contract. Unless otherwise provided in writing, work shall be limited to Saturday and Sunday from 7:00 a.m. to 6:00 p.m.
147
2.05. Safety Requirements. Contractor shall comply with all safety requirements prescribed by applicable federal, state and local laws and regulations to ensure the safety and health of those working and the local community. Contractor shall assume all responsibility for public safety during the prosecution of the work and all such costs shall be included in the Contract price.
Whenever Contractor's operations create a condition hazardous to traffic or to the public, it shall furnish, erect and maintain, at its expense, such fences, barricades, lights, signs and other devices and take such other protective measures as are necessary to prevent accidents or damage or injury to the public.
3. CONTRACTOR'S RESPONSIBILITIES
3 .01. Responsibility for Damage. Contractor shall be responsible for any loss or damage that may happen to the work and for any loss or damage to any of the materials of other things used or employed in performing the work.
3 .02. Indemnification and Hold Harmless. Contractor shall indemnify, defend and save harmless City, and its officials, officers, employees, volunteers and agents against all suits, claims or losses (including attorneys' fees and expenses) that may be based on any injury or damage to, or death of any person or any damage to property that may occur, or that may be alleged to have occurred, arising from the performance of this Contract by Contractor, its subcontractors or employees, whether or not it shall be claimed that the injury was caused through an act or omission of Contractor, its subcontractors, employees or other agents, except for the sole negligence, active negligence or willful misconduct of City. Contractor shall, at its own expense, pay all charges of attorneys and all cost and other expenses arising or incurred in connection with such suits, claims or losses. If any judgment shall be rendered against City in connection with any such suit, claim or loss, Contractor shall at its own expense satisfy and discharge it.
3.03. Insurance. Contractor shall procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property of the work hereunder by Contractor, his agents, representatives, and employees. a. Minimum Scope and Limits of Insurance. Coverage shall be placed with insurers admitted in California with a current A.M. Best's rating of not less than A: VII:
(1) Contractor shall maintain general liability insurance with limits no less than $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Contractor shall maintain automobile liability insurance with limits of no less than $2,000,000 per accident for bodily injury and property damage. (3) Workers' Compensation limits as required by the Labor Code of the State of California and Employers Liability limits of no less than $1,000,000 per accident. 148
b. Other Insurance Provisions.
(1) As to the general liability, automobile liability and builder's risk property insurance policies, City and their officers, officials, employees, agents and volunteers are to be covered as additional insured pursuant to an endorsement to the policy. The coverage shall contain no special limitations on the scope of protection afforded to City, and their officers, officials, employees, agents or volunteers.
(2) For any claims related to this project, Contractor's insurance coverage shall be endorsed to be primary insurance as respects City, and their officers, officers, employees, agents or volunteers. Any insurance or self-insurance maintained by City and their officers, officials, employees, agents or volunteers shall be excess of Contractor's insurance and shall not contribute with it.
(3) For worker's compensation coverage, the insurer agrees by endorsement to waive all rights of subrogation against City, and their officials, employees, and volunteers for losses arising from the work.
( 4) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to City of Los Banos, its officers, officials, employees, agents or volunteers.
(5) Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. (6) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested has been given to City.
(7) Any deductibles or self-insured retentions must be declared to and approved by City.
3.04 Payment of Taxes. The Contract prices paid for the work shall include full compensation for all taxes which Contractor is required to pay, whether imposed by Federal, State or local government, including, without being limited to, Federal excise tax. No tax exemption certificate or any document designed to exempt Contractor from payment of any tax will be furnished to Contractor by City, as to any tax on labor, services, materials, transportation, or any other items furnished pursuant to the Contract. Contractor shall withhold and pay any and all sales and use taxes, withholding taxes, whether State or Federal, Social Security taxes, State Unemployment Insurance charges and all other taxes that are now or hereafter may be required to be paid or withheld under any laws.
3.05. Permits and Licenses Contractor covenants and declares that it has obtained all certificates, licenses, permits or the like required of Contractor by any and all national, state, 149
regional, county, city or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the services contracted for under this Contract. Contractor shall comply with all permits applicable to the work. Contractor has and shall maintain the appropriate State Contractor's License, pursuant to Chapter 9 of Division 3 of the California Business and Professions Code.
3.06. Labor Code Requirements. Attention is directed to the following requirements of the Labor Code:
a. Labor Non-Discrimination. Contractor shall comply with Section 1735 of the Labor Code which provides Contractor shall not discriminate against any employee who is employed on the work because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status or sex of such persons, except as provided in Section 12940 of the Government Code. b. Prevailing Wages. Contractor shall comply with California Labor Code Sections 1770 to 1780, inclusive.
c. Payroll Records. Contractor's attention is directed to the following provisions of Labor Code Section 1776. Contractor shall be responsible for the compliance with these provisions by his subcontractors. Contractor and each subcontractor shall preserve their payroll records for a period of three (3) years from the date of completion of the Contract. d. Workers' Compensation. Pursuant to the requirements of Section 1860 of the California Labor Code, Contractor will be required to secure the payment of workers' compensation to his employees in accordance with the provisions of Section 3700 of the Labor code. By signing this Contract, Contractor certifies the following:
"I am aware of the provisions of Section 3 700 of the California Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract."
3.07. Warranty. Contractor warrants that all materials and work furnished (1) shall meet all requirements and conditions of City's Contract and manufacturer's warranty if any; (2) shall be free from defects in design, material; workmanship and methods of installation; and (3) shall be fit for the purposes intended. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective and nonconforming. This warranty by the Contract is in addition to any warranties or guarantees required or provided by the manufacturer or supplier.
Contractor shall correct the work at its own expense promptly after written notice from City to do so and pay for any damage to other property resulting from such nonconforming work.
If Contractor fails to do so promptly, or in an emergency when delay could cause risk of damage or loss, then City take whatever actions are necessary to have the nonconforming work removed, replaced or corrected at the expense of Contractor and to recover its damages, costs and expenses, 150
including withholding the amount from any payment that is due.
3.08. Independent Contractor Status. Contractor shall independently perform all work under this Contract and shall not be considered an agent or employee of City; nor shall Contractor's subcontractors or employees be considered as subagents of the City. 3 .09. Hazardous Chemicals and Wastes. Should any release, discharge, leakage, spillage, emission or pollution of any hazardous chemicals or wastes occur due to Contractor's work, then Contractor at its sole cost shall clean all affected property to the satisfaction of City and any governmental body with jurisdiction. Contractor shall immediately report any such release to the Director of Public Works. If the performance of the work outlined by these Contract Documents creates any hazardous wastes, Contractor shall properly dispose of such wastes in full accordance with federal, state and local laws, at its expense.
3.10. Compliance with Laws. All work performed by Contractor under this Contract shall be in accordance with applicable federal, state and local requirements, including, but not limited to all Cal/OSHA requirements and environmental laws and laws regarding disposal of hazardous wastes.
3 .11. Non-collusion Declaration. By executing this Contract, Contractor declares that only persons or parties interested in this Contract are those named in Contractor's Proposal and that such proposal was not made in the interest of or on behalf of any undisclosed person, firm or organization; that the proposal was genuine and not collusive or sham; that the signatory to this Contract has not directly or indirectly induced or solicited others to put in a sham proposal, or to refrain from proposing; and that the signatory to this Contract has not in an manner sought by collusion to secure for itself an advantage over other potential proposers.
3.12. Conflicts of Interest. Contractor covenants and declares that other than this Contract, it has no holdings or interests within the City or business holdings or agreements with any official, employee or representative of City and shall disclose any such holdings or interests to City in writing.
3 .13. Discrimination Prohibited. Contractor covenants and agrees that in performing the services required under this Contract, Contractor shall not discriminate against any person on the basis of race, color, religion, sex, sexual orientation, national origin, ancestry, age or disability.
4. GENERAL PROVISIONS
4.1 . Termination. City shall have the right to terminate Contractor's right to proceed with some or all of the work and may terminate this Contract at any time by providing written notice thereof. In the event of termination, City shall pay Contractor for the reasonable value of services rendered by Contractor prior to termination; provided, however, City shall not in any manner be liable for lost profits which might have been made by Contractor had the contract not been terminated or had Contractor completed the services required herein. The foregoing is cumulative and does not affect any right or remedy that city may have in law or equity. 151
4.2. Controlling Law and Venue. City and Contractor 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 or otherwise relating to this Agreement shall be filed and maintained in the County of Merced.
4.3. Assignment and Subcontracting. Neither this Contract nor any interest herein nor any claim hereunder may be assigned or subcontracted by Contractor either voluntarily or by operation of law, without the prior written consent of City. No such consent shall relieve Contractor of its obligations to comply fully with the requirements of this Contract.
4.4. Records. Contractor will permit City to audit, examine, and make copies of all contracts, invoices, materials, payroll records of personnel, conditions of employment and or data relating to all matters covered by this Contract. Except as otherwise authorized, such records shall be maintained for a period of three years from the date that final payment is made under this Contract.
4.5. Waiver. Failure of City to insist upon strict performance of any of the terms and conditions hereof, or failure or delay to exercise any rights or remedies or to properly notify Contractor in the event of breach, or the acceptance of or payment for any good hereunder, shall not release Contractor of any of the warranties or obligations of this Contract and shall not be deemed a waiver of any right of City to insist upon strict performance hereof.
4.6. Notices. All notices, writings or correspondence as required by this Contract shall be directed to City and Contractor, respectively, as follows:
To the City
City of Los Banos
520 J Street
Los Banos CA 93635
To the Contractor
PARC Environmental
2864 E. Dorothy Ave.
Fresno, CA 93 706
4.7. No Personal Liability. No member, official or employee of City shall be personally liable to Contractor or any successor in interest in the event of any default or breach by City or for any amount which may become due to Contractor or successor on any obligation under this Contract.
4.8. Entire Agreement. This Contract contains the entire agreement of the parties with respect to the subject matter of this Contract. Any modifications to this Agreement shall be in 152
writing.
4.9. Authority to Contract. Contractor covenants and declares that it has obtained all necessary approvals to bind Contractor to this Contract and that the representative signing the Contract is authorized to do so.
4.10. Integration. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein.
4.11. Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney.
4.12. Severability. 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.
4.13 Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Attachments, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, the conflict shall be resolved by giving precedence in the following order, if applicable:
This Agreement, the City's Request for Proposals, the Contractor's Proposal.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates set forth below.
[Signature block begins on next page]
153
Date:
Date:
ATTEST:
CITY CLERK
Lucille L. Mallonee, City Clerk
APPROVED AS TO FORM:
William A. Vaughn
City Attorney
PARC ENVIRONMENTAL
by: Louis Martina
Title: President
CITY OF LOS BANOS, a California
municipal corporation
by: Josh Pinheiro, City Manager
154
EXHIBIT A
REQUEST FOR PROPOSAL
155
LOsBanos
1 rl1t " iforni,
REQUEST FOR PROPOSALS
for
ASBESTOS AND LEAD ABATEMENT
SERVICES
Date Released: January 26, 2024
Questions with regard to submissions, process, or proposals can be emailed to:
Stacy Souza Elms
Community & Economic Development Director
[email protected]
Proposals must be received prior to 2:00 P.M February 9, 2024 at the office of City Clerk
City of Los Banos
520 J Street
Los Banos, CA 93635
www .Iosbanos.org
156
TABLE OF CONTENTS
Request for Proposal
Asbestos and Lead Abatement Services
Request for Proposal ....................................................................................................... 1 Project Description .............................................. ............................. .... .. ......................... 3 Background
Mandatory Site-Walk
Scope of Work
Additional Services
Cost Proposal
Deliverables
Schedule
Method of Payment
Materials to Be Provided by the Consultant
Insurance Requirements
Exhibit A: Submittal Requirements ................................................................................ 5 Exhibit B: Proposal Evaluation ....................................................................................... 8 Exhibit C: Services .......... ... .. ...... .. ......... ..... .......... ........ .................................... 11 Exhibit D: Fee Schedule .... ... ...... ...... ........ .. .. ....................................... ............... 12 Exhibit E: Sample Contract Agreement ....... .. ... ....................................................... 13 Exhibit F: Inspection Reports ........ ...... ....... ....... ....... .... ...................................... 23 157
NOTICE
Request for Proposal
For
Asbestos and Lead Abatement Services
NOTICE IS HEREBY GIVEN that the City of Los Banos is requesting proposals from qualified firms for the asbestos and lead abatement services of a city-owned building located at 535 J Street.
All qualified firms interested in providing these services are invited to submit their proposal. The proposals will be evaluated and ranked according to the criteria provided in Exhibit B, "Proposal Evaluation," of this Request for Proposal (RFP).
It shall be the firm's responsibility to check the City of Los Banos' website (www.losbanos.org) to obtain any addenda that may be issued.
The firm's attention is directed to Exhibit A, "Submittal Requirements." Submit three (3) hard copies and one (1) electronic copy in PDF format on a USB flash drive of the firm's proposal. The hard copies and USB flash drive shall be mailed or submitted to the City of Los Banos, 520 J Street, Los Banos, CA 93635, prior to 2:00 P.M. PST on February 9, 2024. Proposals shall be submitted in a sealed package clearly marked "ASBESTOS AND LEAD ABATEMENT SERVICES" and addressed as follows:
City of Los Banos
Attention: City Clerk
520 J Street
Los Banos, CA 93635
No late submittals will be accepted. The City may conduct interviews of the top-ranking firms in order to make a final selection. The successful firm will be recommended to the City Council for authorization to enter into a Professional Services Agreement for the asbestos and lead abatement services for 535 J Street.
Failure to comply with the requirements set forth in this Request for Proposal may result in disqualification. Proposals and/or modifications received subsequent to the hour and date specified above will not be considered. Submitted proposals may be withdrawn at any time prior to the submission time specified in this Request for Proposal, provided notification is received in writing before the submittal deadline. Proposals cannot be changed or withdrawn after the submittal deadline. No handwritten notations or corrections will be allowed. The responding firm is solely responsible for all costs related to the preparation of the proposal.
The City of Los Banos reserves the right to reject all proposals and to waive any minor informalities or irregularities contained in this proposal. Acceptance of any proposal submitted pursuant to this Request for Proposal shall not constitute any implied intent to enter into a contract.
The contract award, if any, will be made to the firm who, in the City's sole discretion, is best able to perform the required services in a manner most beneficial to the City. The completed Fee Schedule in Exhibit D shall be submitted with the proposal in its own separately sealed envelope. 1 158
The City intends to follow, but will not be bound by, the following selection timeline:
Release of Advertisement of RFP 01/26/2024
Mandatory Site-Walk 10:00A.M. 01/31/2024
Deadline to Submit Questions/Clarifications 5:00 P.M. 02/05/2024 Addendum/Questions/Clarifications Posted 5:00 P.M. 02/07/2024 Deadline for Proposal Submittal 2:00 P.M. 02/09/2024
Award Date 02/21/2024
The mandatory site-walk, on January 31, 2024 at 10:00 A.M., will be a requirement for a firm to submit a proposal. Any questions with regard to submissions, process, or proposals can be emailed to Stacy Souza Elms, Community & Economic Development Director at [email protected]. Questions shall be submitted before 5 :00 P .M. PST on February 5, 2024. Any response to a request for clarification, questions and answers will be posted to the City's website at www.losbanos.org no later than 5:00 P.M. PST on February 7, 2024 and if necessary, shall become a part of the proposal as an addendum.
The Request for Proposal can be viewed and/or obtained from the City of Los Banos website at www.losbanos.org.
No oral questions or inquiries about the RFP shall be accepted. 2 159
PROJECT DESCRIPTION
The City of Los Banos (herein referred to as "City") is currently seeking a qualified firm for asbestos and lead abatements services of a city-owned building located at 535 J Street.
The intent of this RFP is to evaluate each interested firm's specific qualifications, experiences, and select the best-qualified consultant. In addition, all interested consultants shall have sufficient, readily available resources in the form of trained personnel, support services, specialized consultants and financial resources to carry out the work without delay or shortcomings. The work will be performed according to the attached Agreement for Services.
The City intends to award a contract to one successful firm to provide professional asbestos and lead abatement services. It is anticipated that the City and selected firm will discuss and define a detailed scope of work and contract price. All contracts are subject to approval by the Los Banos City Council, and the city reserves the right to not award any such contract at the discretion of the Council.
BACKGROUND
The City is in the preliminary renovation stages of the building located at 535 J Street. The building is a two-story structure consisting of approximately 9,322 square feet. Prior to commencement of abatement services, the building will be cleared of furniture and equipment.
The City solicited Bovee Environmental Management, Inc (BEM), a certified asbestos consultant and California Department of Public Health Inspector/ Assessor/Project Monitor, to perform an asbestos survey and lead inspection. The results from the inspection services provided by BEM can be found in "Asbestos Inspection Report" and "Lead Inspection Report" in Exhibit F, "Inspection Report".
The abatement services are a critical next step in continuing the renovation project.
MANDATORY SITE-WALK
The City is requiring all firms interested in submitting a proposal to attend the mandatory sitewalk on January 31, 2024 at 10:00 A.M. meeting in front of the project site, 535 J Street.
SCOPE OF WORK
The services and required Tasks for this RFP can be found in Exhibit C, "Services."
ADDITIONAL SERVICES
The need for additional type services may be required during the term of the conh·act. The interested firm shall submit a fee schedule for key staff which may be directly involved in the works outside of the scope of services above. This fee schedule shall be on an hourly basis.
COST PROPOSAL
The firm is to prepare the Fee Schedule attached in Exhibit D based on the tasks as listed in the scope of work and the table for additional service, if requested, based on personnel hourly rate.
DELIVERABLES
As agreed upon by the City and firm.
SCHEDULE
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As agreed upon by the City and firm.
METHOD OF PAYMENT
The firm shall be paid based on the Specific Rate of Compensation for this Contract and for the amount as agreed upon by the City and firm. The firm shall submit request for monthly progress payments.
MATERIALS TO BE PROVIDED BY THE CONSULTANT
Unless otherwise specified, the firm shall provide all materials to complete the required work in accordance with the delivery schedule and cost estimate.
INSURANCE REQUIREMENTS
Before the City executes an Agreement for services, the firm shall provide a certificate of insurance evidencing the following:
• Contractor shall maintain general liability insurance with limits no less than $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. • Contractor shall maintain automobile liability insurance with limits of no less than $2,000,000 per accident for bodily injury and property damage. • Workers' Compensation limits as required by the Labor Code of the State of California and Employers Liability limits of no less than $1,000,000 per accident.
Each insurance policy required shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested has been given to City. 4 161
EXHIBIT A- SUBMITTAL REQUIREMENTS
These guidelines are provided for standardizing the preparation and submission of the proposals by all consultants. The intent of these guidelines is to assist consultants in preparation of their proposals, to simplify the review process, and to help assure consistency in format and content.
Proposals shall contain the following information in the order listed:
1. Introductory Letter
The introductory ( or transmittal) letter shall be addressed to:
Stacy Souza Elms, Community & Economic Director
520 J Street
Los Banos, CA 93635
The letter shall be on consultant letterhead and include the consultant's contact name, mailing address, telephone number, facsimile number, and email address. The letter will address the consultant's understanding of the services being requested and any other pertinent information the Consultant believes should be included. All addendums received must be acknowledged in the transmittal letter.
The letter sha11 be signed by the individual authorized to bind the consultant to the proposal.
2. Consultant Information, Qualifications & Experience
The City will only consider submittals from consultants that demonstrate they have successfully completed comparable projects. These projects must illustrate the quality, type, and past performance of the project team. Submittals shall include a detailed description of a minimum of three (3) projects which include the following information:
1. Contracting agency
2. Contracting agency Project Administrator/Contact Person including name, address and phone
3. Contracting agency contact information
4. Contract amount
5. Date of contract
6. Date of completion
7. Consultant Project Administrator and contact information
3. Organization and Approach
1. Describe the roles and organization of your proposed team for this project. Indicate the composition of subconsultants and number of project staff, facilities available and experience of your team as it relates to this contract. Provide an organizational cha1i.
2. Describe your project and management approach.
3. Describe the roles of key individuals on the team. Provide resumes and references for all key team members. Resumes shall show relevant experience, for the Project's Scope of Work, as well as the length of employment with the proposing Consultant. Key members, especially the Project Administrator, shall have significant demonstrated experience with 5 162
this type of project, and should be committed to stay with the project for the duration of the project.
4. Demonstrate that the consultant's Project Administrator and project staff have sufficient availability and/or that consultant has sufficient resources to timely deliver City's projects.
4. Past Experience on Municipal Projects
Include a description of past municipal projects (minimum of five) in which your firm has been involved, for comparable cities including the following:
• Project Description
• Year of Completion
• Construction Cost (or consultant cost, if not an infrastructure project) • City Contact
5. Conflict of Interest Statement
Throughout the term of the awarded contract, any person, firm or subsidiary thereof who may provide, has provided or is currently providing design engineering services and/or construction engineering services under a contractual relationship with a constmction contractor(s) on any City project related to this solicitation.
Similar to the disclosures regarding contractors, all firms are also required to disclose throughout the term of the awarded contract, any design engineering services including claim services, lead project management services and construction engineering services provided to all other clients on any City project listed in this solicitation.
In addition to the disclosures, the consultant shall also provide possible mitigation efforts, if any, to eliminate or avoid any actual or perceived conflicts of interest.
The consultant shall ensure that there is no conflict before providing services to any constmction contractor on any of the City's projects related to this solicitation. The submitted documentation will be used for determining potential conflicts of interest. The City will use this documentation to determine whether the firm may provide the specified services under this contract.
If a consultant discovers a conflict during the execution of an assigned task order, the consultant must immediately notify the City Contract Administrator regarding the conflicts of interest. The City Contract Administrator may terminate the Task Order involving the conflict of interest and City may obtain the conflicted services in any way allowed by law. Failure by the consultant to notify the City Contract Administrator may be grounds for termination of the contract.
6. Litigation
Indicate if the proposing consultant was involved with any litigation in connection with prior projects. If yes, briefly describe the nature of the litigation and the result.
7. Contract Agreement
Indicate if the proposing consultant has any issues or needed changes to the proposed contract agreement included as Exhibit E.
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The consultant shall provide a brief statement affirming that the proposal terms shall remain in effect for ninety (90) days following the date proposal submittals are due.
8. Cost Proposal
The Request for Proposal includes a Fee Schedule which identifies the scope of work through task to be completed. The completed Fee Schedule in Exhibit D shall be submitted with the proposal in its own separately sealed envelope.
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EXHIBIT B - PROPOSAL EVALUATION
BVALUA TION PROCESS
All submittals will be evaluated by City Selection Committee. The Committee may be composed of City staff and other parties that may have expertise or experience in the services described herein. The Committee will review the submittals and will rank the proposers. The evaluation of the proposals shall be within the sole judgment and discretion of the Committee. All contacts during the evaluation phase shall be through the Contract Administrator/Project Administrator only. Proposers shall neither contact nor lobby evaluators during the evaluation process. Attempts by Proposer to contact members of the Committee may jeopardize the integrity of the evaluation and selection process and risk possible disqualification of Proposer.
The Committee will evaluate each submittal meeting the qualification requirements set forth in this RFP. Proposers should bear in mind that any submittal that is unrealistic in terms of the technical or schedule commitments may be deemed reflective of an inherent lack of technical competence or indicative of a failure to comprehend the complexity and risk of the City requirements as set forth in this RFP.
The selection process may include oral interviews. The proposer will be notified of the time and place of oral interviews and if any additional information that may be required to be submitted. In the event that the City receives no more than three proposals, the City may opt to not conduct an oral interview.
BVALUA TION CRITERIA
Proposals will be evaluated according to each Evaluation Criteria, and scored on a zero to fivepoint rating. The scores for all the Evaluation Criteria will then be multiplied according to their assigned weight to arrive at a weighted score for each proposal. A submittal with a high weighted total will be deemed of higher quality than a proposal with a lesser-weighted total. The final maximum score for any proposal is five hundred (500) points. 0 Not Acceptable Non-responsive, fails to meet RFP specifications. The approach has no probability of success. For mandatory requirement this score will result in disqualification of submittal.
1 Poor Below average, falls short of expectations, is substandard to that which is the average or expected norm, has a low probability of success in achieving -project objectives per RFP.
2 Fair Has a reasonable probability of success, however, some objectives may not be met.
3 Average Acceptable, achieves all objectives in a reasonable fashion per RFP specification. This will be the baseline score for each item with adjustments based on interpretation of submittal by Evaluation Committee members.
4 Above Average/Good Very good probability of success, better than that which is average or expected as the norm. Achieves all objectives per RFP requirements and expectations.
5 Excellent/Exceptional Exceeds expectations, very innovative, clearly superior to that which is average or expected as the norm. Excellent probability of success and in achieving all objectives and meeting, RFP specification.
The consultant determined to be the most qualified, in the City's sole discretion, shall be based on the following 100 point grading system:
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1. Quality of Proposal: 15 points
2. Qualification and Experience: 15 points
3. Organization and Approach: 25 points
4. Past experience: 10 points
5. Staff Availability: 15 points
6. Proposal Format and Completeness: 10 points
7. Project Schedule: 10 points
1. Quality of Proposal (15 points)
a. Responses to this RFP must be complete. Responses that do not include the proposal content requirements identified within this RFP and subsequent addenda and do not address each of the items listed below will be considered incomplete.
2. Qualifications & Experience (15 points)
a. Relevant experience, specific qualifications, and technical expertise of the firm and sub-consultants to provide asbestos and lead abatement services as detailed in the scope of work.
3. Organization & Approach (25 points)
a. Describes familiarity of project and demonstrates understanding of work completed to date and project objectives moving forward.
b. Roles and Organization of Proposed Team
1. Proposes adequate and appropriate disciplines of project team.
11. Some or all of team members have previously worked together on similar project(s).
111. Overall organization of the team is relevant to City needs. c. Project and Management Approach
1. Team is managed by an individual with appropriate experience in similar projects.
This person's time is appropriately committed to the project.
11. Team successfully addresses Work Planning and Programming efforts. 111. Project team and management approach responds to project issues. Team structure provides adequate capability to perform both volume and quality of needed work within project schedule milestones.
d. Roles of Key Individuals on the Team
1. Proposed team members, as demonstrated by enclosed resumes, have relevant experience for their role in the project.
11. Key positions required to execute the project team's responsibilities are appropriately staffed.
e. Working Relationship with City
1. Team and its leaders have experience working in the public sector and knowledge of public sector procurement process.
11. Team leadership understands the nature of public sector work and its decisionmaking process.
4. Past Experience (10 points)
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a. Consultant demonstrates experience with performance of services within the comparable cities for projects similar in nature to those related to this solicitation. b. Consultant demonstrates successful completion of said projects. c. Consultant is familiar with City standards and procedures.
5. Staff Availability (15 points)
a. Consultant demonstrates project team staff is available and able to promptly respond to requests throughout the contract duration in order to timely deliver projects.
6. Proposal Format and Completeness (10 points)
a. Attractive, professional appearance. (Cover, internal layout, font type and size, and illustrations/photos)
b. Clear, concise, error-free.
7. Project Schedule (10 points)
a. The proposed project schedule will be evaluated on the overall project timeline. The schedule offering the City the short duration with the earliest start will receive the maximum 10 points and the subsequent proposals will receive points based on the weighted average as compared to the highest scoring consultant.
8. Presentation by Team (if applicable) (10 points)
a. Team presentation conveying project understanding, communication skills, innovative ideas, critical issues and solutions.
Weighted scores for each Proposal will be assigned utilizing the table below:
Rating Score
No. Evaluation Criteria Weight (Rating * (0-5) Wei2ht)
1 Quality of Proposal 15
2 Qualifications & Experience 15
3 Organization & Approach 25
4 Past Experience 10
5 Staff Availability 15
6 Proposal Format & Completeness 10
7 Project Schedule 10
Total: 100
8 Presentation by Team- if applicable 10
Total: 110
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EXHIBIT C - SERVICES
The respondent shall perform and provide any and all professional services related to the project and obtain all required permits and certifications. Respondent represents that all tasks will be performed in accordance with generally acceptable professional standards and further represents that the advice and consultation provided shall be within its authority and capacity as a professional. Respondent will comply with the regulations, laws, ordinances and requirements of all governmental impact applicable to the assigned project.
Task 1: Asbestos and Lead Abatement Services:
• The contractor will be responsible for removal of all asbestos-containing and/or leadcontaining material according to the asbestos survey report and the lead inspection report prepared for this project and in compliance with all EPA, OSHA, and San Joaquin Valley Air Pollution Control District (SN APCD) regulations, and any other applicable law, using best practices.
• The contractor shall submit the required notifications to SN APCD and any other agency required to be notified.
• The contractor shall furnish all labor, equipment, supervision, and incidentals necessary to provide complete asbestos and lead abatement for the structure. • The contractor is responsible for obtaining all certifications and permits necessary for the completion of the project from the appropriate regulatory agencies. • Should it be required the use of a project monitor be used, the contractor shall provide the project monitor and all costs associated with the use of a project monitor. • Any additional cleaning required after the final cleaning will be performed at the expense of the contractor.
• Any additional sampling costs sha11 be incurred by the contractor. • The contractor shall provide final asbestos clearance inspection. 11 168
EXHIBIT D - FEE SCHEDULE
Consultant shall provide an itemized schedule of rates and fees which includes all billing amounts and costs for each Task.
Task amounts are considered to be not-to-exceed amounts.
Task 1: Asbestos and Lead Abatement Services ... .... ... .. ...... ..... .... .. $ _______ _ Consultant Rate Schedule:
The rate for any authorized additional services is shown below:
Position Title Hourly Rate
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EXHIBITB
CONTRACTOR'S PROPOSAL
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ENVIRONMENTAL
Solutions Made Easy
CA Lie. #501913 NV Lie. #0034638 DOSH Registration #19 Hauler Registration #2908 EPA #CAR000263707 DIR Registration #1000002856 24 Hour Emergency Spill Response• Asbestos Abatement • Lead Paint Removal • Hazardous Waste Hauling & Disposal Soil Remediation • Site Assessments • Microbial Decontamination • Indoor Air Quality • Lab Packing • Hydroblasting • Painting & Coatings February 9, 2024
Stacy Souza Elms, Community & Economic Director
520 J Street
Los Banos, CA 93635
RE: RFP Asbestos and Lead Abatement Services
Professional Asbestos Removal Corporation dba PARC Environmental (PARC), is pleased to submit our fully compliant, responsive proposal based on the directions provided in your Request for Proposals (RFP). We are taking no exceptions to any RFP requirements. I want to take this opportunity to make a personal commitment, as well as a corporate one, to successfully perform and deliver on this important project. PARC brings over 38 years within this field and with that experience we can commit to completing any project with excellence.
Our understanding of this RFP is as follows:
To perform and provide any and all professional services related to the project and obtain all required permits and certifications. Respondent represents that all tasks will be performed in accordance with generally acceptable professional standards and further represents that the advice and consultation provided shall be within its authority and capacity as a professional. Respondent will comply with the regulations, laws, ordinances, and requirements of all governmental impact applicable to the assigned project.
Task 1: Asbestos and Lead Abatement Services:
• The contractor will be responsible for the removal of all asbestos-containing and/or leadcontaining material according to the asbestos survey report and the lead inspection report prepared for this project and in compliance with all EPA, OSHA, and San Joaquin Valley Air Pollution Control District (SJV APCD) regulations, and any other applicable law, using best practices.
• The contractor shall submit the required notifications to SJV APCD and any other agency required to be notified.
• The contractor shall furnish all labor, equipment, supervision, and incidentals necessary to provide complete asbestos and lead abatement for the structure. • The contractor is responsible for obtaining all certifications and permits necessary for the completion of the project from the appropriate regulatory agencies.
P.O. Box 10077, Fresno, CA 93745-0077
Fresno (559) 233-7156 Sacramento (916) 992-5405
www.parcenvironmental.com
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• Should it be required the use of a project monitor be used, the contractor shall provide the project monitor and all costs associated with the use of a project monitor. • Any additional cleaning required after the final cleaning will be performed at the expense of the contractor.
• Any additional sampling costs shall be incurred by the contractor. • The contractor shall provide final asbestos clearance inspection.
For the RFP referenced above PARC's contact is as follows:
Daniel Sanchez
2864 E. Dorothy Ave.
Fresno, CA 93706
Office: 559/233-7156
Cell: 559/999-5427
Email: [email protected]
PARC acknowledges addendum(s) 1.
PARC will not be using any subcontractors for this RFP.
Sincerely,
Daniel Sanchez
Project Manager/Estimator
P.O. Box 10077, Fresno, CA 93745-0077
Fresno (559) 233-7156 Sacramento (916) 992-5405
www .parcenvironmental.com
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ENVIRONMENTAL
Solutions Made Easy
CA Lie. #501913 NV Lie. #0034638 DOSH Registration #19 Hauler Registration #2908 EPA #CAR000263707 DIR Registration #1000002856 24 Hour Emergency Spill Response• Asbestos Abatement• Lead Paint Removal• Hazardous Waste Hauling & Disposal Soil Remediation • Site Assessments • Microbial Decontamination • Indoor Air Quality • Lab Packing • Hydroblasting • Painting & Coatings To: City of Los Banos
Consultant Information, Qualifications & Experience
Professional Asbestos Removal Corporation dba PARC Environmental has performed on an annual basis 500 plus Asbestos and Lead Abatement projects over the last 38 years. Following are three large projects for reference:
Marin County Civic Center Roof Replacement - 3501 Civic Center Dr. San Rafael, CA 94903 (Asbestos and Lead Abatement)
1. Contracting Agency: County of Marin
2. Contracting Agency Project Administrator/Contact Person including name, address and phone:
Dean Joyner (415) 473-7000 c/o Arntz Builders, Inc. -JP Van Zee 19 Pamaron Way Novato, CA 94949 (415) 382-1188
Contracting Agency Contract Information: Arntz Builders, Inc. -JP Van Zee (415) 382-1188
3. Contract Amount: $3,267,079.99
4. Date of Contract: 10/23/2017
5. Date of Completion: 11/21/2019
6. Consultant Project Administrator and Contact Information: Louis Martina (559) 999-5444 PARC's Onsite Management Team consisted of the following:
PM: Louis Martina - responsible for coordination and execution of all aspects of the contract.
Superintendent: Sergio Madrigal - responsible for assignments of field personnel, safety & compliance, tracking production, scheduling and coordinating all equipment, supplies.
Safety Officer Toli Mikell - responsible for safety and compliance.
Job Site Foremen: Pedro Zermeno and John Dias - responsible for production, schedules, coordination of equipment, supplies, safety & compliance and daily interface with customers and inspectors.
Crew - responsible for each major task- debris removal, setup and removal.
Description of Project. Scope of Work Performed:
PARC's contract included the removal and disposal of asbestos roofing and lead containing adhesive and paint down to concrete deck.
Affected work area was more than 200,000 square feet for the contract.
Alfred J. Mccourtney Juvenile Center Renovation-1040 W. Ave. J. Lancaster, CA 93534 (Asbestos and Lead Abatement)
1. Contracting Agency: Superior Court of California- Los Angeles County Dept. of Public Works
2. Contracting Agency Project Administrator/Contact Person including name, address and phone:
P.O. Box 10077, Fresno, CA 93745-0077
Fresno (559) 233-7156 Sacramento (916) 992-5405
www.parcenvironmental.com
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Felicia Yang c/o Chamblin-Landes Construction, Inc. - Ryan McKinley 1345 Riverside Ave.
Paso Robles, CA 93446 (805) 239-0490
3. Contracting Agency Contract Information:
4. Contract Amount: $457,592.00
5. Date of Contract: 04/30/2018
6. Date of Completion: 11/16/2019
7. Consultant Project Administrator and Contact Information:
PARC's Onsite Management Team consisted of the following: Louis Martina (559) 999-5444 PM: Louis Martina - responsible for coordination and execution of all aspects of the contract.
Superintendent: Sergio Madrigal - responsible for assignments of field personnel, safety & compliance, tracking production, scheduling and coordinating all equipment, supplies.
Safety Officer Toli Mikell - responsible for safety and compliance.
Job Site Foremen: Gustavo Zermeno and Alberto Ramirez - responsible for production, schedules, coordination of equipment, supplies, safety & compliance and daily interface with customers and inspectors.
Crew - responsible for each major task - debris removal, setup and removal.
Description of Project. Scope of Work Performed:
PARC's contract included the removal and disposal of asbestos mastic, floor tile and drywall and lead abatement.
Affected work area was more than 18,000 square feet for the contract.
CSUMB Big Demolition Project Phases 3 & 4 - Asbestos and Lead Abatement and Demolition
1. Contracting Agency: CSU. Monterey Bay
2. Contracting Agency Project Administrator/Contact Person including name, address and phone:
Katie LaPlace 100 Campus Center Seaside, CA 93955 (831) 582-5189
3. Contracting Agency Contact Information: Katie LaPlace (831) 582-5189
4. Contract Amount: $5,024,000.00
5. Date of Contract: 01/18/2017
6. Date of Completion: 01/03/2019
7. Consultant Project Administrator and Contact Information:
PARC's Onsite Management Team consisted of the followin g: Louis Martina (559) 999-5444 PM: Louis Martina - responsible for coordination and execution of all aspects of the contract.
Superintendent: Sergio Madrigal - responsible for assignments of field personnel, safety & compliance, tracking production, scheduling and coordinating all equipment, supplies.
Safety Officer: Toli Mikell - responsible for safety and compliance.
Job Site Foremen: Gonzalo Hernandez and John Dias - responsible for production, schedules, coordination of equipment, supplies, safety & compliance and daily interface with customers and inspectors.
Crew - responsible for each major task - debris removal, setup and removal.
Description of Project. Scope of Work Performed:
PARC's contract included the removal and disposal of asbestos containing flooring mastic, TSI, coatings, caulking, sealants, contaminated soil, PCB's as well as installing SWPPP and Fencing.
PARC was also tasked with providing temporary power, maintaining a safe and secure work area that was adjacent to areas of the building that were still open to the public.
Affected work area was more than 1,200,000 square feet for the contract.
P.O. Box 10077, Fresno, CA 93745-0077
Fresno (559) 233-7156 Sacramento (916) 992-5405
www.parcenvironrnental.com
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ENVIRONMENTAL
Solutions Made Easy
CA Lie. #501913 NV Lie. #0034638 DOSH Registration #19 Hauler Registration #2908 EPA #CAR000263707 DIR Registration #1000002856 24 Hour Emergency Spill Response• Asbestos Abatement• Lead Paint Removal• Hazardous Waste Hauling & Disposal Soil Remediation • Site Assessments • Microbial Decontamination • Indoor Air Quality • Lab Packing • Hydroblasting • Painting & Coatings To: City of Los Banos
Project Organization and Approach
Asbestos and Lead Abatement Services at 535 J Street, Los Banos Ca.
Project Manager - Daniel Sanchez: Responsible for coordination and execution of all aspects of the contract. PM will be available and in contact with the City of Los Banos throughout the duration of the project.
Safety/compliance - Toli Mikell: Development of workplans and job site audits. Safety Officer will be available for the City of Los Banos throughout the duration of the project for any questions or concerns.
Su perintendent- Sergio Madrigal: Supplying all resources need to complete the project, this includes all labor, equipment, disposables. Work hand in hand with PM to accomplish a successful project. Superintendent will be communicating with foreman throughout the duration of the project and will be available for any questions or concerns that the City of Los Banos could have.
Job site foreman - Responsible for tracking job schedule and overseeing and managing the project on the field. Foreman will be always site point of contact for the City of Los Banos.
General Labor- Responsible for working safely, being part of the team, being productive.
PARC will use its experience from past projects to give us the ability to perform a successful project.
Job staffing:
PARC will have one foreman on site with approximately 4-5 certified workers (abatement).
PARC will have one foreman on site with approximately 4-5 certified workers (soft demolition).
P.O. Box 10077, Fresno, CA 93745-0077
Fresno (559) 233-7156 Sacramento (916) 992-5405
www.parcenvironmental.com
175
ENVIRONMENTAL
Solutions Made Easy
CA Lie. #501913 NV Lie. #0034638 DOSH Registration #19 Hauler Registration #2908 EPA #CAR000263707 DIR Registration# l 000002856 24 Hour Emergency SpilJ Response• Asbestos Abatement• Lead Paint Removal• Hazardous Waste Hauling & Disposal Soil Remediation • Site Assessments • Microbial Decontamination • Indoor Air Quality • Lab Packing • Hydroblasting • Painting & Coatings Organization and Approach
Asbestos and Lead Services at 535 J Street, Los Banos CA The conceptual approach to the asbestos is described for each work task in the following sections.
The approach will be detailed in the Asbestos Work Plan that will be prepared prior to beginning the asbestos activities.
Project Planning
Planning is the critical initial phase to successfully conducting the project. During the planning phase, the PARC Team will meet with personnel to discuss the proposed work activities. It has been our experience that every element of the Asbestos safety and access be discussed so that the logistics can be clearly understood by all PARC Team members. This process allows potential challenges to be identified and solutions implemented prior to beginning any activities.
The activities that will be completed during the planning phase of the project will include, but are not limited, to:
• Notifications to SJVUAPCD and Cal OSHA
• Ensure that all permits are acquired.
• Prepare and finalize all project plans.
• Finalize the health and safety plans and procedures.
• Conduct safety orientation for all personnel.
• Prepare the comprehensive asbestos Work Plan
• Use Experienced
Professional Site
Supervision.
• Focus on Health and Safety.
• Develop Comprehensive
Work Plans.
I • Develop Effective
Communication Procedures
• Maintain a clean and
organized site during
2864 E. Dorothy Ave. Fresno, CA. 93 706
P.O. Box 10077, Fresno, CA 93745-0077
(559) 233-7156 800-882-5362 FAX: (559) 233-4284
www.pPARCenvironmental.com
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General Information and Work Plans
PARC will perform the work in accordance with the requirements applicable by Federal, State, and Local regulations, and the means and methods described in this Work Plan.
A more detailed Work Plan will be submitted upon award of contract with the intention of this work plan being to demonstrate knowledge and understanding of the issues and tasks to complete a safe and successful project.
The intention of this Work Plan is to provide an overview of the tasks involved in the asbestos abatement activity at the site. The work consists of the abatement of the identified material located in the Old Police Annex Building at 535 J Street, Los Banos Ca. The asbestos materials and locations are identified in the survey completed by Bovee Environmental Management Inc dated 12/01/2023 and 12/13/2023.
Project Plans
The project planning documents will be prepared, prior to abatement of the facility. The plans will serve as guides for conducting the abatement in an efficient, effective, safe and compliant manner.
Work Plan. An Asbestos Abatement Work Plan that outlines the abatement activities, procedures, methodology, chronology, and schedule will be prepared. The Work Plan will also address project management, personnel organization, monitoring and reporting requirements of the abatement portion of the project.
Health and Safety. The PARC Team is committed to occupational health and safety. This commitment is reflected in the work practices employees and suppliers are expected to use when engaged in on-the-job activities. The PARC Team also expects supervisors to ensure employees and suppliers understand and use these safe work practices. Safe work practices are but one element of our Company Health and Safety Policies. To achieve the company vision of being injury-free, these safe work practices must be used with management leadership and with involved and caring teammates and integrated with other tools such as assessment, incident investigations, rewards and recognition, education, and planning. Safety by Choice, Not by Chance Quality and Environmental Management. Quality management involves the ability to accurately track costs and schedule and understand the contracted scope of work. The PARC Team will ensure that plans and specifications identified in the Asbestos Work Plan are followed, the schedule is monitored and maintained, and the all regulatory requirements are met.
Asbestos Removal
This section covers the removal of asbestos containing materials expected to be encountered at the project site.
Safety - Various items have been identified at the project to contain asbestos materials. Materials have been classified as Friable (Class I) and Non-Friable (Class II). 2864 E. Dorothy Ave. Fresno, CA. 93 706
P.O. Box 10077, Fresno, CA 93745-0077
(559) 233-7156 800-882-5362 FAX: (559) 233-4284
www.pPARCenvironmental.com
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Drywall Surface texture, carpet mastic, VFT, mastic and cove base.
Prior to abatement activities, a fully functional decontamination unit will be built specifically designed to service each worker entering or exiting the Negative Pressure Enclosure (NPE).
1. PARC will contain the entire second floor and part of the first one by sealing openings, vents and doors.
2. Negative pressure will be established in each containment by using multiple machines fitted with HEPA filters and capable of pulling 2,000 CFM per machine. The number of machines will be determined based on the volume of the contained area with adequate machines to pull a negative pressure of -0.02in of water.
3. Workers entering these areas will don the proper PPE and respiratory protection as defined below.
4. Once containments are completed PARC will proceed to remove the following materials; o Approximately +-2,400sf of drywall surface texture located throughout the first and second floor (mostly hallways and restrooms). Drywall will be removed utilizing hand tools and wet methods. Once removed, drywall will be placed in approved containers for disposal as Regulated Asbestos Containing Materials. This work is considered to be OSHA Class I. o Approximately +- 7800sf of flooring (Carpet, VFT, Mastic & Adhesive) located throughout the first and second floor. Flooring will be removed utilizing hand tools and mechanical means.
Once removed, drywall will be placed in approved containers for disposal as either Non-friable asbestos waste or regulated asbestos containing materials depending on the removal procedure. This work is considered to be OSHA Class II. ► Note: Second floor wood substrate will need to be removed in order to completely get rid of the existing ACM floor mastic from the building. Encapsulation of the floor mastic could be an option, but this could bring additional disturbance of asbestos and additional costs in the future for the city of Los Banos. PARC recommendation is to remove completely all identified ACM materials to have a ACM free building. Floor mastic and adhesive on concrete will be removed by either a chemical solution or by ultra-high-pressure water blasting with vacuum recovery. o Approximately+- 3000If of cove base mastic located throughout the interior of the building.
Cove base mastic will be removed utilizing hand tools and wet methods. Once removed, cove base mastic will be placed in approved containers for disposal as Non-friable, non hazardous asbestos waste. This work is considered to be OSHA Class II
5. Once containments are visually inspected and complete, air clearance utilizing PCM will be conducted by a 3rd party independent consultant ( if required) . Once clearance levels are documented to be .01f/cc PARC will remove the containments. 2864 E. Dorothy Ave. Fresno, CA. 93 706
P.O. Box 10077, Fresno, CA 93745-0077
(559) 233-7156 800-882-5362 FAX: (559) 233-4284
www.pPARCenvironmental.com
178
Lead Regulated Areas, vault exterior ceramic tile:
1. Regulated areas will be used for removal of lead containing materials.
2. Proper signage and barrier tape will be placed at the entrance or surrounding the limits of each work area.
3. A wash station will be set at the entrance of the regulated area.
4. Workers entering these areas will don the proper PPE and respiratory protection.
5. Once regulated area is established PARC will proceed to remove the following materials; o Approximately +-200sf of lead based ceramic tile located on the exterior wall of the first floor vault. Ceramic tile will be removed utilizing hand tools and wet methods., Once ceramic tile has been removed it will be placed in a cubic box for disposal as RCRA waste.
6. Workers entering these areas will don the proper PPE and respiratory protection.
Decontamination Unit
A decontamination unit will be attached to each containment. Each decon will consist of 3 stages:
Clean Room, Shower and, Equipment Room.
3 stage decon
_,. -=-- l'I dirty I :'.. f room sh•
waste pass out
5 micron filter
~ dirty room t room
worlc area -
wet wipe 1st .JJ I pply 2nd b~
r flow
lean area
Negative air requirements: Air exchange every 15 min.
1} Clean Room: Workers will don personal protective equipment such as Tyvek, Rubber Steel Toed Boots and Respirators. Each worker will be assigned a box or locker for personal effects. 2} Shower: The shower will have hot and cold running water. All water used for showering will be bagged and disposed of as asbestos containing material. Each employee will thoroughly shower and wash their respirator prior to entering the clean room. 3} Dirty Room: When leaving the NPE workers will store their tools and remove their dirty PPE inside the Dirty Room prior to entering the shower. The Dirty Room may also be used to store dirty tools and equipment between shifts.
Disposal
2864 E. Dorothy Ave. Fresno, CA. 93706
P.O. Box 10077, Fresno, CA 93745-0077
(559) 233-7156 800-882-5362 FAX: (559) 233-4284
www.pP ARC environmental.com
179
All ACM Materials will be removed, properly labeled and packaged prior to transportation of the dumpster to the approved landfill. Bag out procedures will be determined by area access considering the safest way to move materials down and out. This procedure may include manually moving the waste bags following decontamination to a lower elevation. All asbestos debris will be taken directly from jobsite to the approved landfill. '
All ACMs and RAMCs will be manifested accordingly. All waste manifests will be made available for review by the Owner throughout the duration of the project. At the completion of the project all waste manifests will become a part of the final close outs.
Personnel Sampling
Daily personnel sampling including excursions will be collected by PARC 's Supervisors then analyzed by a local air monitoring company (TBD). Sampling will represent the dirtiest worker of each task each day.
Personal samples will be taken within the "breathing zone" of the employee (i.e., attached to or near the lapel near the workers breathing zone).
Asbestos Reparatory/PPE Protection
Initial Exposure Assessment (NEA)
PARC will provide the Owner with a Negative Exposure Assessment (NEA) for each abatement activity. If NEA is not provided PARC Project Manager and Superintendent conduct an Initial Exposure Assessment immediately before or at the initiation of each specific operation to ascertain expected exposures during that operation. The assessment will be completed in time to comply with requirements which are triggered by exposure data or the lack of a Negative Exposure Assessment (NEA). Reference CFR 1926.1101 (2) (i) - (iii)
Respirators will be chosen based upon objective data demonstrating that the product or material containing asbestos minerals or the activity involving such product or material cannot release air born fibers in concentrations exceeding the TWA and excursion limit under those work conditions having the greatest potential for release.
The results of initial exposure monitoring of this current job made from breathing zone air samples that are representative of the 8hr TWA and 30 minute short-term exposures of each employee covering operations which are most likely during the performance of the entire job to result in exposures over the PEL.
Respirators are to be cleaned at the end of every work shift and properly stored in lockers, respirator bags or storage boxes.
NIOSH approved NORTH half-face HEPA respirator may only be worn while working in a regulated area for ACM materials as designated in the table below. Half-face HEPA respirators may not be used in areas where exposure level is above 1 flee (fibers per cubic centimeter).
NIOSH approved full-face APR (air purifying respirator) HEPA respirator are North models and may only be worn while working in a regulated area for ACM materials as designated in the table below.
Full-face APR HEPA respirators may not be used in areas where exposure levels are above 5 flee.
NIOSH approved full-face PAPR (power air purifying respirator) HEPA respirator are Racal models and may only be worn when working in a regulated area for ACM materials as designated in the table below. Full-face PAPR HEPA respirators may not be used in areas where exposure levels are above 10 flee.
2864 E. Dorothy Ave. Fresno, CA. 93706
P.O. Box 10077, Fresno, CA 93745-0077
(559) 233-7156 800-882-5362 FAX: (559) 233-4284
www.pPARC environmental.com
180
Selection Criteria for Activities Requiring Respiratory Protection Table 1, below taken from 29 CFR 1926.1101, delineates the types of respirators utilized by PARC employees based upon various exposures levels on asbestos projects or activities that do not fit the definition of Class I, 11, or Ill above. See the following Sections for the respirator selection criteria for Class I, 11, and Ill projects.
TABLE 1
RESPIRATORY PROTECTION FOR ASBESTOS FIBERS
Airborne Concentration of Asbestos Or Conditions of Use Required Respirator Not in excess of 1 flee (10 x PEL).
Half-mask air-purifying respirator,
other than a disposable respirator,
equipped with high efficiency
filters.
Not in excess of 5 flee (50 x PEL).
Full-face piece air purifying
respirator equipped with highefficiency filters.
Not in excess of 10 flee (1000 x PEL).
Any powered, air-purifying
respirator equipped with highefficiency filters or any suppliedair respirator operated in continuous flow mode.
Not in excess of 100 flee (1000 x PEL}.
Full-face piece supplied air
respirator operated in pressure
demand mode.
Greater than 100 flee (> 1,000 x PEL)
or unknown concentration.
Full-face piece supplied air
respirator operated in pressure
demand mode equipped with an
auxiliary positive pressure selfcontained breathing apparatus. 2864 E. Dorothy Ave. Fresno, CA. 93706
P.O. Box 10077, Fresno, CA 93745-0077
(559) 233-7156 800-882-5362 FAX: (559) 233-4284
www.pP ARC environmental.corn
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MAXIMUM ALLOWABLE FIBER COUNTS
ARENPERSONNELSAMPLE MAX ALLOWABLE F/CC
Highest Personnel Sample {TWA)
Inside Regulated Area (Non-contained)
Inside Full Containment (30 Min. Excursion.)
Outside Work Area
Negative Air Exhaust
0.10 0.10
1.00 0.01
0.01 Requirements of applicable federal, state and local regulations shall be met or exceeded. Minimum procedures are to be followed regardless of the fiber concentration in the work areas. The following procedures are to be utilized to provide worker protection during the course of this project. Abatement personnel will be required to wear the appropriate personal protective equipment. The selection of the equipment will be based upon the asbestos activity and appropriate safety considerations.
In order to ensure the workers personal protection for airborne fibers all material is to be removed adequately wet.
Workers performing asbestos abatement at the site entering a regulated area will wear a respirator equipped with high-efficiency particulate air (HEPA) filter cartridges. A higher level or respiratory protection may be chosen at the workers discretion. Spun bound fabric suits with hoods and booties are required to be worn.
Employees expected to wear air-purifying respiratory protection must be fit tested for the brand and model respirator they will be wearing during work. Fit tests are required to be performed in accordance with the OSHA standard every six months.
All respiratory protection will follow OSHA Safety and Health Standards 29 CFR 1926.1101 and the PARC Respiratory Protection Program.
Worker Certifications
Each labor will be required to hold an asbestos worker or supervisor certification. Prior to beginning work each worker's documentation will be provided ..
Asbestos Fiber Release Emergency Program
In case fiber counts from personnel monitoring and/or area samples exceed maximum allowable levels, the following actions will be taken by the project Supervisor.
1. Stop the work in the in the sample area and have workers exit and follow normal decontamination procedures.
2. Record the specific information detailed above, ·including the date and time the fiber count was known, and who supplied the air monitoring data.
3. Inspect the containment and repair any holes or tears.
4. Inspect negative air equipment and replace filters.
5. Notify the Superintendent or Project Manager to inform them of the incident.
6. Take necessary corrective measures.
2864 E. Dorothy Ave. Fresno, CA. 93 706
P.O. Box 10077, Fresno, CA 93745-0077
(559) 233-7156 800-882-5362 FAX: (559) 233-4284
www.pP ARC environmental.com
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In addition, the Supervisor will provide specific information about the location and type of work being performed, the sample, a possible reason for the high level, and a suggestion as to how to correct the problem. Supervisor will note the occurrence in the Daily Log.
The following procedures will be utilized to provide worker protection during the course of this project:
• Safety inspection of the areas prior to initiating asbestos work. (identify loose railings, deteriorated stairs/gratings and repair or restrict access). • When using water extreme caution will be used around electrical equipment to ensure high voltage room/equipment is shut down and tagged out.
• Half and/or Full-Face North Respirators will be cleaned, inspected regularly and stored properly.
• Spun bound disposable suits will be worn during removal of asbestos. • Wearing of PPE such as gloves, hard hats and safety glasses will be strictly enforced.
Fire extinguishers will be maintained and staged in each active work areas. All workers will receive Fire Extinguisher training as part of their site-specific orientation. In the case of an emergency, work shall stop, and workers will exit the work area gathering at a predetermined meeting area.
MEDICAL EMERGENCY PROCEDURES SITE SPECIFIC
1. In case of emergency, workers will proceed to an established gathering area
2. Emergency numbers will be provided to workers.
3. In case of FIRE, onsite fire extinguishers may not be effective. If fire is not controlled an outside source will be summoned.
4. Evacuate all personnel if the fire is not immediately extinguished.
CLEAN UP PROCEDURES
An itemized clean up procedure will be provided with the detailed work plan. Housekeeping is an important part of Safety and PARC will maintain a clean and debris free site at all times.
PROJECT CLOSE OUT DOCUMENTATION
At the conclusion of the job PARC will provide the owner with a documentation package which contains but not limited to:
1. Copies of Certified OH Worker Cards of all workers.
2. Copies of current Medicals of all workers.
3. Copies of PARC OH Contractor's licenses.
4. Copies of the disposal manifest placed in approved landfill.
5. Daily logs.
6. Insurance certificate.
NOTE: Air monitoring results, Workers Certifications, Disposal and Daily logs will be maintained in the PARC office.
2864 E. Dorothy Ave. Fresno, CA. 93706
P.O. Box 10077, Fresno, CA 93745-0077
(559) 233-7156 800-882-5362 FAX: (559) 233-4284
www.pP ARC environmental.com
183
ENVIRONMENTAL
Solutions Made Easy
CA Lie. #501913 NV Lie. #0034638 DOSH Registration #19 Hauler Registration #2908 EPA #CAR000263707 DIR Registration #I 000002856 24 Hour Emergency Spill Response• Asbestos Abatement• Lead Paint Removal• Hazardous Waste Hauling & Disposal Soil Remediation • Site Assessments • Microbial Decontamination • Indoor Air Quality • Lab Packing • Hydroblasting • Painting & Coatings To: City of Los Banos
Past Experience on Municipal Projects
Professional Asbestos Removal Corporation dba PARC Environmental's past experience on Municipal projects are as follows:
• Project Description: Tulare Downtown Revitalization - 425 E. Kern Ave. Tulare, CA 93274 t' (Asbestos & Lead Abatement and Demolition)
• Year of Completion: 2023
• Construction Cost ( or consultant cost, if not an infrastructure project: $440,100.00 • City Contact: Michael Miller (559) 684-4209 c/o 4CG Construction - Steven Crowley (559) 972-0066 • Project Description: Lerov Park Guadalupe Community Center - Asbestos and Lead J( Abatement and Mold Remediation
• Year of Completion: 2020
• Construction Cost (or consultant cost, if not an infrastructure project: $113,000.00 • City Contact: City of Guadalupe- Sonia Rios-Ventura (805) 356-3906 c/o Quincon, Inc. -Joe Rosas (805) 574-1660
• Project Description: Santa Clara County Fairgrounds - 344 Tully Rd. San Jose, CA 95111 (Asbestos Abatement)
• Year of Completion: 2020
• Construction Cost ( or consultant cost, if not an infrastructure project: $32,840.00 • City Contact: Ruben Castro (408) 918-2771
• Project Description: City of Reedley Old Cold Storage- 845 G St. Reedley, CA (Asbestos¥ Abatement)
• Year of Completion: 2019
• Construction Cost (or consultant cost, if not an infrastructure project: $125,327.00 • City Contact: John Robertson (559) 637-4200 c/o David Knott, Inc. - Dave Knott (559) 271-3366 • Project Description: East/West Wing Abatement & Selectinve Demolition at Monterey County Courthouse 2 phases - 240 Church St. Salinas, CA 93901
• Year of Completion: 2016
• Construction Cost (or consultant cost, if not an infrastructure project: $2,403,425.00 • City Contact: c/o Pueblo Construction - Greg Shanklin (831) 641-0580 P.O. Box 10077, Fresno, CA 93745-0077
Fresno (559) 233-7156 Sacramento (916) 992-5405
www.parcenvironmental.com
184
ENVIRONMENTAL
Solutions Made Easy
CA Lie. #501913 NV Lie. #0034638 DOSH Registration #19 Hauler Registration #2908 EPA #CAR000263707 DIR Registration #1000002856 24 Hour Emergency Spill Response• Asbestos Abatement• Lead Paint Removal• Hazardous Waste Hauling & Disposal Soil Remediation• Site Assessments • Microbial Decontamination • Indoor Air Quality • Lab Packing • Hydroblasting • Painting & Coatings To: City of Los Banos
Re: No Conflict-of-Interest Statement
Professional Asbestos Removal Corporation dba PARC Environmental has "No Conflict of Interest" with the City of Los Banos.
Professional Asbestos Removal Corporation
dba PARC Environmental
Signatur~ Date: C> Z(o f/-2oz y
Printed Name and Title: Daniel Sanchez, Project Manager/Estimator P.O. Box 10077, Fresno, CA 93745-0077
Fresno (559) 233-7156 Sacramento (916) 992-5405
www .parcenvironmental.com
185
ENVIRONMENTAL
Solutions Made Easy
CA Lie. #501913 NV Lie. #0034638 DOSH Registration #19 Hauler Registration #2908 EPA #CAR000263707 DIR Registration #1000002856 24 Hour Emergency Spill Response• Asbestos Abatement• Lead Paint Removal• Hazardous Waste Hauling & Disposal Soil Remediation • Site Assessments • Microbial Decontamination • Indoor Air Quality • Lab Packing • Hydroblasting • Painting & Coatings To: City of Los Banos
Re: Litigation
Professional Asbestos Removal Corporation dba PARC Environmental has not been involved with any litigation in connection with prior projects.
Professional Asbestos Removal Corporation
dba PARC Environmental
Signature:~ ~ ::.:? Date: D z/o c;/?s> z y
Printed Name and Title: Daniel Sanchez, Project Manager/Estimator P.O. Box 10077, Fresno, CA 93745-0077
Fresno (559) 233-7156 Sacramento (916) 992-5405
www .parcenvironmental.com
186
ENVIRONMENTAL
Solutions Made Easy
CA Lie. #501913 NV Lie. #0034638 DOSH Registration# 19 Hauler Registration #2908 EPA #CAR000263707 DIR Registration #1000002856 24 Hour Emergency Spill Response• Asbestos Abatement• Lead Paint Removal• Hazardous Waste Hauling & Disposal Soil Remediation • Site Assessments • Microbial Decontamination • Indoor Air Quality • Lab Packing • Hydroblasting • Painting & Coatings To: City of Los Banos
Re: Contract Agreement
Professional Asbestos Removal Corporation dba PARC Environmental has no issues to the proposed contract agreement included as Exhibit E of the RFP for Asbestos and Lead Abatement Services.
Professional Asbestos Removal Corporation
dba PARC Environmental
Signatu~? 2 Date:__a_z/D ,/2-62 Y
Printed Name and Title: Daniel Sanchez, Project Manager/Estimator P.O. Box 10077, Fresno, CA 93745-0077
Fresno (559) 233-7156 Sacramento (916) 992-5405
www .parcenvironmental.com
187
Environmental Construction
- Solutions Made Easy -
ORGANIZATIONAL CHART
Field Supervision
Louis Martina
President
Daniel Sanchez I
Eric Kidd
PROJECT MANAGERS
188
Overview
Louis W. Martina
President
Experience in the latest removal procedures, waste characterization and disposal. Managed hundreds of asbestos and lead removal projects throughout the State of California. AHERA Accredited Supervisor, California Department of Public Health (CDPH) Lead Supervisor, Project Designer, and HAZWOPER certified.
Education
Apprenticeship School
Heat and Frost Worker-Local Union #16
University of Kansas
OLM for Asbestos
N.A.T.E.C.
Asbestos Contractor/Supervisor
F.S.U.C.
HAZWOPER
CDPH
Lead Certified
Project Designer Certified
Employment Experience
Professional Asbestos Removal Corporation (PARC Environmental) Chief Executive Officer
201 0 - Present
• Estimating and Bidding
• Field operations oversight
• Regulatory compliance
• Bid preparation
• Contract negotiation
• Project management
• Cost analysis.
Professional Asbestos Removal Corporation (PARC Environmental) Vice-President of Operations
2006-2010
• Estimating and Bidding
189
• Field operations oversight
• Regulatory compliance
• Bid preparation
• Contract negotiation
• Project management
• Cost analysis
Professional Asbestos Removal Corporation (PARC Environmental) Superintendent
1991 -2006
• Dispatching of all labor and materials to job site for over 500 projects per year • Implementing any new safety policy and training of new workers • Knowing of any change orders and informing estimator
• Tracking of production on all jobs
• Coordinating all subcontractors
• Estimating and Bidding
Professional Asbestos Removal Corporation (PARC Environmental) General Foreman
1987- 1990
• Dispatching labor to projects
• Coordinating project with other trades
Professional Asbestos Removal Corporation (PARC Environmental) Foreman
1983 - 1986
• Responsible for the amount of production
• Ordering materials
• Safety on job site
Professional Asbestos Removal Corporation (PARC Environmental) Asbestos Worker
1978 - 1982
190
Toli Mikell
Director, Safety and Compliance
Overview
Provide environmental, health and safety oversight and regulatory compliance assistance for PARC Environmental projects. 20 years of environmental, health and safety experience in a variety settings including environmental remediation. Conducted over 2,000 hours of safety training in diverse topics. Experience managing decommissioning projects including review and development of work plans, hazardous waste management and regulatory compliance.
Education
B.S. Physics, The College of New Jersey
Training
AHERA Accredited Asbestos Contractor/Supervisor
CDPH Lead Supervisor ( certification pending)
OSHA500
OSHA 510
Scaffolding Competent Person Trainer
Confined Space Trainer
Certifications
Asbestos Hazard Emergency Response Act (AHERA) Certified Asbestos Supervisor Cardiopulmonary Resuscitation (CPR) and First Aid
OSHA Outreach Instructor for Construction
Employment Experience
Professional Asbestos Removal Corporation (PARC Environmental) Director, Safety and Compliance
201 7- Present
Ensure that PARC Environmental activities operate in compliance with State and Federal occupational safety and environmental regulations. Consult with executive management, project managers and site supervisors on matters of environmental protection and workplace safety. Serve as liaison between PARC and outside stakeholders ( e.g. regulatory agencies, clients) on matters of safety and compliance.
• Develop, implement and review workplace safety policies and procedures • Develop and review job hazard analyses (JHA).
• Review client project safety and compliance requirements • Ensure project work plans satisfy client safety requirements and applicable State and Federal regulations
• Conduct job site safety and compliance audits
• Develop and conduct safety training
191
• Investigate and review workplace safety incidents
• Develop project safety submittals and site specific safety plans United States Anny Reserve
Major
2004-Present
Provide leadership for the training, planning and execution of Army missions. Work to ensure Army operations comply with Army safety policy and regulations. • Assume safety related additional duties such as Range Safety Officer • Develop and review risk assessments (similar to activity hazard assessments) of training operations and missions
• Deliver safety briefings prior to the start of training and missions • Conduct safety training for personnel in topics such as hazard communication and force health protection
Vitro Architectural Glass (formerly PPG)
Shift Manager
2015-2017
Supervised 15 employees in a flat glass manufacturing facility. Ensured crew members received training related to safe work practices. Oversaw work activities to ensure compliance with safety and environmental regulations and company safety policies. Served as member of emergency response team.
• Identified and corrected safety near misses.
• Worked with plant management to improve plant processes and mitigate environmental and safety risks.
• Conducted management safety interventions and worked with employees to correct workplace behaviors and ensure safe work practices were followed. • Conducted annual safety training and corrective training. • Responded to workplace injuries and conducted post-accident investigations.
Beckman Coulter
Manager, Environmental Health and Safety
2006-2013
Served as the Corporate Radiation Safety Officer and supported corporate environmental health and safety activities. Audited facilities to ensure regulatory compliance. Managed 25 regulatory permits and licenses in the U.S. and Canada.
• Reduced safety and regulatory compliance risks for facilities throughout the United States by conducting regulatory compliance audits and working with facility managers to ensure closure of audit findings.
192
• Reduced ergonomics related injury risks by conducting workplace ergonomics assessments of office and manufacturing operations.
• Managed the safe and successful radioactive decommissioning of Beckman Coulter's Fullerton, CA manufacturing and R&D facility ensuring its release for unrestricted use by the California Department of Public Health Radiologic Health Branch. • Standardized safety procedures throughout the company by developing technical standards in areas such as Confined Space Entry and Hazard Communication.
Thomas Gray and Associates
Radiation Safety Contractor at Amgen, fuc.
2005-2006
Helped the employees of Amgen mitigate and control risks associated with the use of radioactive materials by providing subject matter expertise in radiation safety. • Ensured that processes and laboratories associated with the use of radioactive materials maintained compliance with radiation safety regulations and radiation safety best practices. • Participated in the decommissioning of laboratories that used radioactive materials.
Remediated radioactive contamination in affected areas. • Conducted radiation safety training for Amgen employees.
Syncor futernational Corporation/Cardinal Health
Program Manager, Health Physics Training
2000-2005
Worked in the Quality and Regulatory department of the leading provider of nuclear pharmacy services and radiopharmaceuticals.
• Delivered radiation safety training for Syncor/Cardinal Health personnel. • Provided safety and regulatory compliance consultation to Corporate Real Estate department during facility remodels, relocations, decommissioning and new facility openings.
• Submitted applications for a variety of environmental, health and safety related licenses and permits in support of company operations.
Radiation Science, fuc.
193
Health Physics Technician
1998-2000
Worked as radiation safety technician for a consulting company. Conducted routine radiation safety activities including surveying client facilities for the presence of radioactive contamination, packaging and management of radioactive wastes and facility decommissioning activities. • Participated in the radioactive decommissioning of a multi-story incinerator. Tasks included demolition and dismantling of affected areas, contamination surveys and waste packaging. Interfaced with various trades including riggers and general laborers to ensure the safe and successful completion of the project.
• Participated in the decommissioning of a multi building pharmaceutical research facility in support of the relocation of its operations. Activities included remediation of radioactive contamination and packaging of radioactive wastes.
194
Overview
Daniel Sanchez
Estimator/Project Manager
Experienced in regulatory compliance, state of the art hazardous materials removal procedures, waste characterization and disposal. Management of asbestos, lead, mold and demolition projects throughout the State of California. AHERA Accredited supervisor and California Department of Public Health (CDPH) Lead Certified.
Relevant Qualifications and Training
AHERA Accredited Asbestos Contractor/Supervisor Training OSHA IO Hour Training
Cal/OSHA Lead in Construction Training
Mobile Elevated Work Platforms
-Aerial Lift
-Scissor Lift
OSHA Compliant Fall Protection Training
Respiratory Protection
COVID-19
Heat Illness Prevention
Rough Terrain Forklift
Fire Extinguisher Training
Stop Work Authority
Hazard Communication
CPR/First Aid
Ladder Safety
Hand and Power Tool Safety
Safe Lifting
Employment Experience
Responsibilities include but are not limited to work secural, project management, crew management, regulatory compliance, estimating and managing different types of environmental projects usually concerning lead, asbestos or hazardous material.
Professional Asbestos Removal Corporation (PARC Environmental) Estimator/Project Manager
2021 - Present
Professional Asbestos Removal Corporation (PARC Environmental) Asbestos Abatement Foreman
2017-2021
Professional Asbestos Removal Corporation (PARC Environmental) Asbestos Removal Worker/Laborer
2015-2017
195
Eric Kidd
Senior Project Manager/Estimator
Overview
Experience in regulatory compliance, state of the art hazardous materials removal procedures, waste characterization and disposal. Management of asbestos, lead, mold and demolition projects throughout the State of California. AHERA Accredited asbestos supervisor, HAZWOPER, Confined Space, Emergency Responder.
Education
San Diego State University
Bachelors of Science Degree in Psychology
Design For Health Training Center
40 Hour Asbestos Contractor/Supervisor Training (AHERA) PARC Specialty Contractors
HAZWOPER I Confined Space/ Emergency Responder
Employment Experience
Responsibilities include but are not limited to work secural, project management, crew management, regulatory compliance, estimating and managing different types of environmental projects usually concerning lead, asbestos or hazardous material.
Professional Asbestos Removal Corporation (PARC Environmental) Estimator/Project Manager
2013 - Present
Professional Asbestos Removal Corporation (PARC Environmental) Branch Manager/Estimator
2008 -2013
PARC Specialty Contractors, Sacramento/Escondido, California Branch Manager/Estimator
2004-2008
196
Overview
Sergio Madrigal
Superintendent
PARC Environmental Field Superintendent and Competent Person with a wide range of experience in management of projects and crews. Over 12 years of experience in asbestos and lead abatement projects and has supervised many large scale abatement projects for PARC Environmental. Mr. Madrigal has managed many projects for schools and universities, public works, military bases, and government entities.
Certifications
California Department of Public Health (CDPH) Lead Worker Asbestos Hazard Emergency Response Act (AHERA) Certified Asbestos Supervisor Cardiopulmonary Resuscitation (CPR) and First Aid
30 Hour Occupational Safety and Health Administration (OSHA) Construction Safety Training EPA Renovation, Repair and Painting Contractor
Rough Terrain Forklift
Confined Space Entry
Aerial Lift Operator
Module I-V Compliance School for Hazardous Waste
Employment Experience
Professional Asbestos Removal Corporation (PARC Environmental) Superintendent
2015- Present
• Responsibilities include dispatching of all labor and materials to jobsite for over 500 projects per year
• Implements new policies to field employees and trains all new workers • Tracks production on all jobs and coordinates with all subcontractors for jobsites • Maintains accuracy of orders and contacts project managers if any changes needed to be made
Professional Asbestos Removal Corporation (PARC Environmental) Foreman
2011-2015
• Responsible for the overall amount of production and safety of crew • Responsible for ordering supplies, managing jobsite, completion of paperwork, and organization of projects
197
Professional Asbestos Removal Corporation (PARC Environmental) Abatement Worker
2006-2011
• Responsible for conducting abatement activities and other work in a safe and effective manner and in compliance with all federal, state and local regulations 198
Overview
Gustavo Zermeno
Project Foreman
Project supervision of hazardous material abatement projects. AHERA Supervisor, and California Department of Public Health (CDPH) Lead Certified.
Employment Experience
Professional Asbestos Removal Corporation (PARC Environmental) Asbestos Abatement Foreman
2003 - Present
• Supervision of work crews
• Ordering materials
• Setting up projects
• Run air monitoring for personals
• Ensuring OSHA and EPA guidelines are followed
Professional Asbestos Removal Corporation (PARC Environmental) Hazardous Material Handler/Technician Level I
2003 to Present
Professional Asbestos Removal Corporation (PARC Environmental) DHS Lead Certified Worker
1999 - Present
Professional Asbestos Removal Corporation (PARC Environmental) Asbestos Removal Worker/Laborer
1998 - 2003
199
Overview
Francisco Rivera
Project Foreman
Project supervision of hazardous material abatement projects. AHERA Supervisor, and California Department of Public Health (CDPH) Lead Certified. HAZWOPER, Confined Space.
Employment Experience
Professional Asbestos Removal Corporation (PARC Environmental) Asbestos Abatement Foreman
2001 - Present
• Supervision of work crews
• Ordering materials
• Setting up projects
• Run air monitoring for personals
• Ensuring OSHA and EPA guidelines are followed
Professional Asbestos Removal Corporation (PARC Environmental) Asbestos Removal Worker/Laborer
1994- 2001
• Responsible for conducting abatement activities and other work in a safe and effective manner and in compliance with all federal, state and local regulations. 200
Overview
Rodolfo Nunez
Project Foreman
Project supervision of hazardous material abatement projects. AHERA Accredited Supervisor.
Employment Experience
Professional Asbestos Removal Corporation (PARC Environmental) Asbestos Abatement Foreman
2021 - Present
• Supervision of work crews
• Ordering materials
• Setting up projects
• Run air monitoring for personals
• Ensuring OSHA and EPA guidelines are followed
Professional Asbestos Removal Corporation (PARC Environmental) Asbestos Removal Worker/Laborer
2015-2021
• Responsible for conducting abatement activities and other work in a safe and effective manner and in compliance with all federal, state and local regulations. 201
EXHIBIT D - FEE SCHEDULE
Consultant shall provide an itemized schedule of rates and fees which includes all billing amounts and costs for each Task.
Task amounts are considered to be not-to-exceed amounts.
Task 1: Asbestos and Lead Abatement Services ..................... .... .... $_9_1_,8_7_0_.o_o ___ _ Consultant Rate Schedule:
The rate for any authorized additional services is shown below:
Position Title Hourly Rate
Project Manager $155.00
Superintendent $145.00
Foreman $135.00
Laborer $130.00
Monitoring consultant $135.00
Truck driver $140.00
12 202
ENVIRONMENTAL
Solutions Made Easy
CA Lie. #501913 NV Lie. #0034638 DOSH Rel?istration #19 Hauler Registration #2908 EPA #CAR000263707 DIR Registtation #1000002856 24 Hour Emergency Spill Response• Asbestos Abatement• Lead Paint Removal• Hazardous Waste Hauling & Disposal Soil Remediation • Site Assessments • Microbial Decontamination • Indoor Air Quality • Lab Packing • Hydroblasting • Painting & Coatings Cost Proposal
TO: The City of Los Banos DATE: 02/09/2024
JOB NAME: Asbestos and Lead Services at 535 J Street, Los Banos CA PARC Environmental, hereinafter designated as PARC, proposes to perform the following Scope of work:
Remove, Transport and Dispose of asbestos and lead containing materials identified in Bovee Environmental Management Inc survey, affected by the renovation.
Pricing is based on the following
Removal and disposal of:
Asbestos
o ACM flooring (Carpet, VFT, mastic and adhesive) throughout the building per survey. o Drywall with ACM surface texture throughout the building per survey. o ACM Cove base mastic throughout the building per survey. ~Second floor wood substrate will need to be removed in order to completely get rid of the existing ACM floor mastic from the building. Encapsulation of the floor mastic could be an option, but this could bring additional disturbance of asbestos and additional costs in the future for the city of Los Banos. PARC recommendation is to remove completely all identified ACM materials to have a ACM free building. Floor mastic and adhesive on concrete will be removed by either a chemical solution or by ultra-high-pressure water blasting with vacuum recovery.
Lead
o Existing LBP wall ceramic tile on exterior wall of the first-floor vault per survey.
Asbestos and Lead Abatement Cost: $75,370.00
Monitoring and air Clearances
Third party monitoring consultant.
o Oversee and monitor abatement work.
o Perform additional sampling ifrequired.
o Perform final asbestos clearance.
Cost: $16.500.00
Note: The majority of the time, the owner hires the monitoring consultant directly because hiring it through the abatement contractor could put them in a conflict of interest.
P.O. Box 10077, Fresno, CA 93745-0077
Fresno (559) 233-7156 Sacramento (916) 992-5405
www .parcenvironmental.com
203
1. Work will be performed in I mobilization.
2. Work will take approximately 12-15 working days to complete.
3. PARC could start the work after the 10 business days (SJVUAPCD) waiting period.
4. Water and power to be supplied to PARC at no additional cost.
5. Work to be performed during normal business hours.
6. PARC acknowledges 1 addendum.
7. Pricing includes fees to SNUAPCD of $1.054.00
8. Pricing includes prevailing wages.
9. Work to be performed in compliance with all state and federal regulations.
10. Interior ACM work to be performed under containment and negative air pressure.
11. ACM materials to be bagged/wrapped properly and disposed of accordingly.
12. Area to be cleared of any movable objects prior to PAR Cs arrival.
13. Cost is based on having bins next to the building for bulk loading.
Abatement and lead services throughout the building per RPP total base bid: $91,870.00 Add Alt 1
Soft Demo throughout the building
Pricing is based on the following
Removal and disposal of:
o Non-ACM drywall throughout the building.
o Non-ACM flooring throughout the building.
o Non-ACM floor ceramic tile throughout the first floor. o Non-ACM suspended ceiling system and ceiling tiles throughout the building.
Cost: $71.570.00
Exclusions: Safe-off/LOTO, Removal/storage of items to be salvaged, MEP demo, fencing, concrete sawcut, demolition of structural components, shoring/bracing, traffic pedestrian control, utility disconnect/marking/locating, protection on areas not in scope, demolition of CMU/concrete walls, repair of damaged concrete, removal of unforeseen layers of material.
PROPOSAL TERMS: All work shall be performed in accordance with state and federal regulations pertaining to abatement of hazardous materials including transportation and disposal of waste. PARC carries liability, worker's compensation, and auto insurance. Unless otherwise stated; the customer agrees to supply sufficient water and electricity at no cost to PARC; the customer acknowledges that abatement requires the application of tape and agrees that PARC will not be held responsible for tape damage or for repainting; this bid is based on performing the work during regular work hours; PARC shall not be responsible for weather protection or for damages resulting from weather or vandalism; this proposal is subject to change and may be withdrawn if not accepted within 30 days of the above date. This proposal shall be incorporated into any contract and attached to it as an exhibit. Retention shalJ be paid within 90 days of substantial completion of work by PARC. Unless otherwise noted, this is a lump sum proposal; quantities listed are informational only and not to be used for deductive pricing. Unless otherwise noted, price is based on non-prevailing wages.
TRANSPORTATION OF WASTE TERMS: The Generator authorizes PARC Environmental to sign all transportation documents and waste profiles as "agtnt for the generator". PARC will forward all required documentation to Generator. PARC Environmental will abide by all local, state, and federal regulations when handling, packaging, and transporting all wastes.
PAYMENT TERMS: Cash forthwith for any portion of work commenced and completed in any one calendar month. Balance of contract price due and payable within JO calendar days upon completion of PARC's work. Unpaid monies shall be subject to a finance charge of 1.5% per month. The customer agrees to compensate PARC for any collection related costs, including reasonable attorney fees, if full payment is not timely made to PARC. The customer agrees that the court of jurisdiction, for any claim, shall be located in Fresno County.
Accepted ____ _ _, 2024
By: ___ _ _____ _
Title: ______ ___ _
Approved:
By: Daniel Sanchez - Estimator/Project Manager
[email protected]
P.O. Box 10077, Fresno, CA 93745-0077
Fresno (559) 233-7156 Sacramento (916) 992-5405
www .parcenvironmental.com
204
Base Bid
~-- --- ------ - - ---------- -----------\i!: _________ ·-----------... - 52'=-0~·--- ~ Remove ACM flooring (Carpet, VFT, mastic) (1st Floor) ~Remove ACM flooring (Carpet, VFT, mastic) (2nd Floor)
b Remove LBP wall ceramic tile
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LOS BANOS CIVIC CENTER MASTER PLAN
INDIGO I HAMMOND+ PlAVLEARCHfTECTS
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l:I Remove RACM wall finishes
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LOS BANOS CIVIC CENTER MASTER PLAN
INDIGO I HAMMOND+ PLAYLE ARCHITECTS DRAFT
206
ADD Alt 1 Soft Demo
---- - ---"--------~"-'2'.()" "--------~------ ------").< .. ----- -·--·-·---------·!i.2'.:0"~--------i' Q Remove Non-ACM floor ceramic tile (1st Floor)
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b Remove wall finishes
IIIIJRemove ceiling tiles and drywaU
fJRemove suspended ceiling
,,:iRemove ceiling finishes
•Remove ceiling tiles
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LOS BANOS CIVIC CENTER MASTER PLAN
lNDIGO I HAMMOND• PLAYLE ARCHITECTS DRAFT
208
EXHIBITC
BEM LEAD INSPECTION REPORT
209
BOVEE ENVIRONMENTAL MANAGEMENT INC.
LEAD INSPECTION REPORT
DECEMBER 13, 2023
BEM PROJECT NO. 23-63939
Site
Police Annex Building
535 "J" Street
Los Banos, CA 93635
Prepared For
Ms. Stacy Elms
City of Los Banos
520 "J" Street
Los Banos, CA 93635
Prepared By
BOVEE ENVIRONMENTAL MANAGEMENT, INC.
1643 3rd Street, Escalon, CA 953 20
Escalon 209-847-3800 • Fl't'Sllo 559-264-~ • Bakersfield 661-246-2110 • Sacramento 916-564-3838 210
December 13, 2023
Ms. Stacy Elms
City of Los Banos
520 "J" Street
Los Banos, CA 93635
RE: LEAD INSPECTION REPORT
BOVEE ENVIRONMENTAL MANAGEMENT INC
Subject Site:
Inspected On:
Police Annex Building; 535 "J" Street, Los Banos, CA 93635 December 1, 2023
Ms. Elms:
Bovee Environmental Management, Inc. (BEM) is providing this lead inspection report following our site inspection and laboratory analytical results for the Subject Site referenced above.
LEAD INSPECTION SUMMARY
BEM visually inspected and identified all painted/tile components and substrates of any interior and/or exterior areas of the Subject Site that will be impacted during renovation/demolition activities. These interior and/or exterior surfaces were representatively sampled and analyzed for lead content. Utilizing an X-Ray Fluorescence Spectrometer (XRF), the painted/tile substrates within the Subject Site's renovation/demolition areas were analyzed for their lead concentration levels. A summary of the painted/tile substrates sampled and corresponding analytical results are listed below. Detailed information regarding sample numbers and actual sample locations methods can be reviewed in attachment A. # SAMPLE DESCRIPTION SAMPLE LOCATION LEAD mg/cm2
63939-Ll Paint (Green) Server Room; Sheetrock Walls 0
63939-L2 Paint (Tan) Pal Office, Janitors Closet; Sheetrock Walls & Ceilings 0 63939-L3 Paint (White) Various Brick Walls Throughout 0 63939-L4 Paint (White) Various Cinderblock Walls Throughout 0 63939-L5 Paint (White) Sheetrock Walls & Ceilings Throughout 0 63939-L6 Paint (White) Wood Trim Throughout 0
63939-L7 Paint (White) Metal Doors & Door Frames Throughout 0 63939-LS Paint (Silver) Downstairs Bathrooms; Metal Stalls 0 63939-L9 Paint (Yellow) Upstairs Bathrooms; Metal Stalls 0 63939-Ll0 Paint (Gray) Upstairs Metal Vault Door 0
63939-Ll 1 Ceramic Tile (Brown) Lobby; Floor 0
63939-L12 Ceramic Tile (Brown) Upstairs Bathroom; Walls & Ceilings 0 63939-L13 Ceramic Tile (Brown) Lobby; Front Wall 0
63939-L14 Ceramic Tile (Brown) Vault; Surround Wall 23.6 63939-L15 Paint (White) Exterior Stucco Walls 0
63939-L16 Paint (Gray) Exterior Stucco Soffit 0
(Lead Based = 2: 1.0 mg/cm2l (Lead Containing = < 1.0 mg/cm2l (No Lead Detected = 0 mg/cm2l 16 43 3 " 0 S TREET, ES C A L ON, CA 9 53 20 • 833-6 4 3-38 0 0 • 211
BEM Project No. 23-63939
RECOMMENDATIONS
Any painted/tile substrates listed in the table above having a lead concentration level greater than or equal to 1.0 mg/cm1 should be considered lead based paint/tile. If these substrates are to be impacted during renovation activities then proper lead abatement practices, engineering controls and worker protection should meet all regulatory standards mandated by Cal-OSHA Title 8.
Any painted/lead substrate listed in the table above having a lead concentration level less than 1.0 mg/cm2 should be considered lead containing paint. Regulations mandate that all workers involved in renovation activities shall receive appropriate EPA-RRP lead awareness training so that activities which could potentially create an exposure risk can be avoided. Regulations mandated by Cal-OSHA Title 8 are still in effect for renovation activities.
Any painted/tile substrate listed in the table above having a lead concentration level of0 mg/cm2 should be considered lead free paint, however regulations mandate that all workers involved in renovation activities shall receive appropriate EPA-RRP lead awareness training so that activities which could potentially create an exposure risk can be avoided.
BEM recommends compliance with all federal, state and local regulations concerning lead paint.
WARRANTY AND DISCLAIMER
BEM warrants that the findings contained herein have been promulgated in general accordance with accepted professional practices at the time of its preparation as applied by professionals in the community.
There is a possibility that conditions may exist which could not be identified within the scope of the inspection or which were not apparent during the site visit. No other warranties are implied or expressed.
Inspection services relative to the Subject Site were provided by BEM's Mr. Brett L. Bovee & Anthony J.
Miller, Certified Asbestos Consultants, No. 95-1643, expiration on 03/08/2024 & Number 19-6474, expiration on 04/l 7 /2024. and California Department of Public Health Inspector/ Assessor's/Project Monitor, ID# 1493/1494, expiration on 07/07/2024 & ID# 8476, expiration on 03/24/24.
BEM looks forward to assisting you in the near future. If you have any questions regarding this report or other BEM services, please do not hesitate to call us at (209) 847-3800 or (559) 264-3800.
Regards,
8/'dt L. 8111U
Brett L. Bovee, CAC, CMC, CDPH
Certified Asbestos Consultant No. 95-1643
CDPH Inspector/ Assessor, ID# 1494
CDPH Project Monitor, ID# 1493
111("4~ tT. !(,tie,.
Anthony J. Miller, CAC, CDPH
Certified Asbestos Consultant No. 19-6474
CDPH Inspector/Assessor, ID# 8476
1 643 JRD STREET, ESCALON , CA 95320 • 833-643 - 38 0 0 • 212
AT T A CHM E NT A
BEM
SAMPLE FIELD SHEET
213
CHAIN OF CUSTODY BEM PROJECT# TURN-AROUND TIME
1643 3RD STREET SAMPLE DATE: 19 SAME DAY Q24HOURS
ESCALON, CA 95320 SURVEY TYPE: 0
Project Name: Point Count Trace Results
Address: OYES-400 Q YES-1000 (IIJI NO
Type of Loss:
Areas Inspected: '10 .E Surface T. Time LPM Vol./Qua. 0 8 :!! ~ ~ ::;; 0 ::;; )( "' Q.
u ::;; .., ~ ~ WC FL
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t. Desc.: . WC FL
~00 0 0 ~ 0 0 0 0 0 0 ... vo.no~ WC FL
-L, c) ••o ~ 0 iii 0 0 0 0 0 0 Mat. Loe.:
Mat. Desc.: ?, ,~ ( '-v~·,k WC FL
-L~ - ,10
000 0 • 0 0 0 0 0 0 Mat. Loe.:
Mat. Desc.: WC FL
-L7 1/0
000 0 • 0 0 0 0 0 0 Mat. Loe.:
Mat. Dese.: WC FL
- Li 000 0 • 0 0 0 0 0 0 Mat. Loe.:
Mat. Dese.: 'if.\\ow WC FL
-~
"v,Y\ 000 0 (I) 0 0 0 0 0 0 Mat. Loe.:
Mat. Dese.: WC FL
-ito 0 ,. 0 0 0 0 0 0 Mat. Loe. :
Mat. Dese. : WC FL
-Ll\ oo• 0 (1) 0 0 0 0 0 0 Mat.Loe.:
Mat. Desc.: WC FL
- • o• 0 @) -L\'). fk~vo 0 0 0 0 0 0
Mat. Desc.: WC FL
- Frov\~ V CA.\
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000 0 0 0 0 0 0 0 0 Mat. Loe.:
Relinquished by}. \J•,"'\>o.., I\ Received by: Relinquished by: Received by:
X X X X
T Time/Date: Time/Date: Time/Date:
BEM USE ONLY: Accept Samples Yes In. date Version: FCOC.03.15.22.1/1.QM 214
ATT A CHM E NT B
LABORATORY
ANALYTICAL REPORT
215
Date Sample# Mode Pass Fail Standard Pb Location Surface Substrate Color Sample# 12-Dec-23 Standardization PASS
12-Dec-23 63939-Ll Lead Inspection Negative 0 Server Room Walls Sheetrock Green 63939-Ll 12-Dec-23 63939-L2 Lead Inspection Negative 0 Pal Office, Janitors Closet Walls & Ceilings Sheetrock Tan 63939-L2 12-Dec-23 63939-L3 Lead Inspection Negative O lntertior Throughout Walls Brick White 63939-L3 12-Dec-23 63939-L4 Lead Inspection Negative 0 lntertior Throughout Walls Cinderblock White 63939-L4 12-Dec-23 63939-LS Lead Inspection Negative 0 lntertior Throughout Walls & Ceilings Sheetrock White 63939-LS 12-Dec-23 63939-LG Lead Inspection Negative 0 lntertior Throughout Trim Wood White 63939-LG 12-Dec-23 63939-L7 Lead Inspection Negative 0 Throughout Door Frames & Doors Metal White 63939-L7 12-Dec-23 63939-L8 Lead Inspection Negative 0 Downstairs Bathrooms Stalls Metal Silver 63939-L8 12-Dec-23 63939-L9 Lead Inspection Negative 0 Upstairs Bathrooms Stalls Metal Yellow 63939-L9 12-Dec-23 63939-LlO Lead Inspection Negative 0 Upstairs Vault Door Metal Gray 63939-LlO 12-Dec-23 63939-Lll Lead Inspection Negative 0 Lobby Floor Ceramic Tile White 63939-Lll 12-Dec-23 63939-L12 Lead Inspection Negative 0 Upstairs Bathroom Walls & Ceilings Ceramic Tile Brown 63939-L12 12-Dec-23 63939-LB Lead Inspection Negative 0 Lobby Front Wall Ceramic Tile Brown 63939-LB 12-Dec-23 63939-L14 Lead Inspection Positive 23.6 Vault Surround Wall Ceramic Tile Brown 63939-L14 -12-Dec-23 63939-LlS Lead Inspection Negative 0 Exterior Walls Stucco White 63939-LlS 12-Dec-23 63939-L16 Lead Inspection Negative 0 Exterior Soffit Stucco Gray 63939-L16 216
EXHIBITD
BEM ASBESTOS INSPECTION REPORT
217
BOVEE ENVIRONMENTAL MANAGEMENT INC.
ASBESTOS INSPECTION REPORT
DECEMBER 1, 2023
BEM PROJECT NO. 23-63715
Site
Police Annex Building
535 "J" Street
Los Banos, CA 93635
Prepared For
Ms. Stacy Elms
City of Los Banos
520 "J" Street
Los Banos, CA 93635
Prepared By
BOVEE ENVIRONMENT AL MANAGEMENT, INC.
1643 3 rd Street, Escalon, CA 95320
Fscalon 209-847-3800 • Fresno 559-264--~ • Bakersfield f>61-246-2110 • Sacramento 916-564-3838 218
December 1, 2023
Ms. Stacy Elms
City of Los Banos
520 "J" Street
Los Banos, CA 93635
Ms. Elms:
SOVEE ENVIRONMENTAL MANAGEMENT INC
Bovee Environmental Management, Inc. (BEM) is pleased to provide this Asbestos Survey Report regarding our asbestos inspection services at the Project Site summarized below.
I. PROJECT SUMMARY TABLE
PROJECT SITE NAME PROJECT SITE LOCATION PROJECT SITE NOTE Police Annex Buildin 535 "J" Street, Los Banos, CA 93635 Renovation INSPECITON 1YPE INSPECTED AREAS INSPECITONDATE
Commercial Asbestos Surve Interior November 29, 2023
II. INSPECTION SUMMARY
Samples of building materials considered to be suspect asbestos containing materials* were identified and collected from the inspected renovation areas referenced above to determine their asbestos content. Samples collected from specific areas for the purpose of renovation activities are determined by the client. There maybe areas within the Subject Site that were not inspected and may contain additional suspect asbestos containing materials that were not sampled. Through proper chain-of-custody the collected samples are sent to Central Valley Laboratories for polarized light microscopy (PLM) analysis. A summary of all materials sampled and corresponding analytical results are listed below. Detailed information regarding sample number, actual sample location and analytical methods can be reviewed in attachments A and B.
SAMPLE COLLECTION SUMMARY
*See definitions on page 3.
# MATERIAL SAMPLED MATERIAL LOCATION ~ CA'IBGORY SQ.Ff. 63715-01 Carpet Mastic Brown Carpet; Various Floors NoneDetected - - l'i3715-02 Carpet Mastic Black Carpet; Various Floors 2% Chrysotile Category I* 2,500 63715-03 Mastic {Layer I) Various Floors Beneath Carpet NoneDetected - - (i3715-03 9" x 9" VFT (Layer 2) Various Floors Beneath Carpet 10%Chrysotile Caregoryl* 4,000 (i3715-04 Mastic Various Floors Beneath Carpet 5%Chrysotile Caregoryl* i 63715-05 12" x 12" VFT Floors Throughout NoneDetected - - Sample Collection Summary table continued on page 2.
BEM Proj ec t No. 23-63 715
219
#
63715-06
63715-07
6.1715-08
63715-W
63715-10
63715-11
6.1715-U
63715-12
63715-13
fil715-14
6.1715-15
63715-16
63715-17
63715-18
63715-19
63715-20
63715-21
63715-22
63715-23
63715-24
63715-25
63715-26
63715-27
63715-28
63715-28
63715-29
63715-30
63715-31
63715-32
63715-33
BEM Project No. 23-63715
MATERIAL SAMPLED MATERIAL LOCATION A.SBFSIOS
Mastic Floors Throughout 5% Onysotile
12" x 12" VFT Janitors Closet; Floor 7% Onysotile
Mastic Janitors Closet; Floor 5% Onysotile
12" x 12" VFT Vault Entry; Floor NoneDetected
Mastic Vault Entry; Floor NoneDetected
Cove Base Mastic White & Grey Various Baseboards NoneDetected Cove Base Mastic (Layer 1) Brown Various Baseboards 3% Tremolite Cove Base Mastic (Layer 2) Various Baseboards NoneDetected Surface Texture Upstairs Restrooms; Walls & Ceilings 2%Chrysotile Surface Texture Upstairs Restrooms; Walls & Ceilings 2% Chrysotile Sheetrock/Joint Compound Upstairs Restrooms; Walls & Ceilings <1%0nysotile Plaster Vault & Load Bearing WallsNarious NoneDetected Ceilings Plaster Vault & Load Bearing WallsNarious None™eded Ceilings Plaster Vault & Load Bearing W allsN arious None Detected Ceilings Button Board Vault & Load Bearing WallsNarious None Detected Ceilings Button Board Vault & Load Bearing Walls/Various None Detected Ceilings Surface Texture Walls Throughout None Detected
Surface Texture Walls Throughout None Detected
Surface Texture Walls Throughout NoneDetected
Surface Texture Walls Throughout None Detected
Surface Texture Walls Throughout Nonelliwoo
Acoustic Ceiling Spray Ceilings Throughout NoneDetected Acoustic Ceiling Spray Ceilings Throughout None Detected Acoustic Ceiling Spray Ceilings Throughout None Detected (Laver 1) Surface Texture (Layer 2) Ceilings Throughout 2% Onysotile Sheetrock/Joint Compound Walls & Ceilings Throughout None Detected Sheetrock/Joint Compound Walls & Ceilings Throughout NoneDetected Sheetrock/Joint Compound Walls & Ceilings Throughout NoneDetected Ceiling Tile Various Ceilings None Detected
Ceiling Panel Various Ceilings None Detected
16 43 3"" STREET, ESCAL O N, CA 95 32 0• 83 3 -643-3 80 0 • 2 CA1EGORY SQ.Ff.
Category I* 1,200
Category!* 20
Category!* i
- -
- -
- -
Category!* 3,000
- -
RACM* filO
RACM* i
- i
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
RACM* 1,400
- -
- -
- -
- -
- -
220
BEM Project No. 23-63715
Ill. DEFINITIONS (*)
Suspect Asbestos Containing Material (ACM) - Local air quality management districts consider a material that is not wood, metal or glass, to be a suspect ACM. All suspect ACMs are assumed to contain asbestos until laboratory analysis confirms that a material has no asbestos content.
Category - ACM's are classified as either "friable", material that can be easily crushed or pulverized by normal hand pressure or as "non-friable", material that cannot be easily crushed or pulverized by normal hand pressure. Friable A CMs are considered a Regulated Asbestos Containing Material (RA CM) requiring Class I work practices and engineering controls. Non-friable ACMs are considered either Category I or Category II Asbestos Containing Material requiring Class II work practices and engineering controls.
Trace - Analytical result that is equal to or less than 1.0 percent asbestos by weight, but greater than 0.1 percent. Materials with a trace amount of asbestos have to be removed as asbestos containing construction material (ACCM) according to Cal-OSHA, but can be disposed as non-ACM upon point count analyses according to federal and state EPA regulations.
Homogeneous - Multiple samples collected of a suspect material that is similar in general appearance and from areas that appear to have been constructed at the same time are considered homogeneous. If multiple samples are collected from a similar material within a homogeneous area and only one of the multiple samples is found to contain asbestos, regulations mandate that the entirety of that material with the homogeneous area must be considered an ACM.
VFT - Vinyl Floor Tile TBD - To be determined
IV. ASBESTOS REGULATORY STANDARDS
California Occupational Safety and Health Administration (Cal-OSHA) •Friable and Non-Friable ACCMs containing more than 0.1 percent asbestos by weight are regulated. •Enforces regulations pertaining to workers performing ACCM removal and workers in close proximity. •Contractors who disturb more than 100 square feet or 160 lineal feet of ACCM must be registered by the contractor's state license board as an asbestos removal contractor. •Contractors who disturb any amount of ACCM must ensure employee protection by providing accredited training, medical examinations, personal protective equipment and a negative exposure assessment.
United States Environmental Protection Agency (EPA)
•Friable and Non-Friable ACMs containing more than 1.0 percent asbestos by weight are regulated. • Enforces regulations pertaining to protecting the environment, not workers. •Abatement Contractors who disturb more than 160 square feet or 260 linear feet of ACM must comply with the National Emissions Standards for Hazardous Air Pollutants Asbestos Regulations (40 CFR 61 , Subpart M) and all state and federal requirements regarding asbestos.
Local Air Quality Control Districts
•Friable and Non-Friable ACM's containing more than 1.0 percent asbestos by weight are regulated. •Enforces regulations pertaining to local air quality; "No Visible Air Emissions". •Require an asbestos survey prior to renovation or demolition. •Abatement Contractors who disturb more than 160 square feet or 260 linear feet of ACM must comply with the National Emissions Standards for Hazardous Air Pollutants Asbestos Regulations (40 CFR 61, Subpart M).
V. RECOMMENDATIONS
BEM recommends compliance with all federal, state and local regulations concerning asbestos. 1643 3" " STREET, ESCALON, CA 95320 • 833 - 643-3 8 00 • 3 221
BEM Project No. 23-63715
VI. WARRANTY
Samples of suspect asbestos containing building materials, which could be disturbed during construction activities, are collected by BEM. Site inspections and sample collection methodologies are performed to meet regulatory standards and industry protocols. BEM warrants that the findings contained herein have been promulgated in general accordance with accepted professional practices at the time of its preparation as applied by professionals in the community. There is a possibility that conditions may exist in which suspect ACM's could not be identified within the scope of the survey or were not apparent or accessible during the site visit. All scheduled work should cease and additional samples should be collected if unidentified suspect ACM's are discovered during construction activities. If roofing materials were collected for this survey, BEM is not responsible for damages caused by sampling locations or roofing warranty voids with the manufacturer.
lf quantities of asbestos containing materials are stated in this report, they are supplied for budgetary and regulatory notification purposes only. They should not be relied on for abatement bidding purposes.
VII. DISCLAIMER
If asbestos containing materials were impacted and/or damaged during a fire loss, then the soft and/or porous building materials and personal contents should be removed and disposed of as Asbestos Containing Building Materials (ACBM). The hard and/or nonporous building materials and personal contents can be cleaned and decontaminated on site. The locations surrounding the damaged areas should be considered contaminated with asbestos. BEM cannot assume these other areas were not impacted with asbestos. BEM recommends to either assume the building materials and/or personal contents within these surrounding locations are contaminated with asbestos; or micro-vac TEM samples can be collected within these surrounding locations to determine if the asbestos contamination migrated to these surrounding locations adjacent to the known contamination.
VIII. CERTIFICATION
Inspection services relative to the Subject Site were provided by BEM's Mr. Brett L. Bovee & Anthony J.
Miller, Certified Asbestos Consultants, No. 95-1643, expiration on 03/08/2024 & Number 19-6474, expiration on 04/l 7 /2024.
BEM looks forward to assisting you in the near future. If you have any questions regarding this report or other BEM services, please do not hesitate to call us at (209) 847-3800 or (559) 264-3800.
Regards,
Brett L. Bovee, CAC, CMC, CDPH
Certified Asbestos Consultant No. 95-1643
Anthony J. Miller, CAC, CDPH
Certified Asbestos Consultant No. 19-6474
1643 3RD S TREET, ESCALON , CA 95320 • 833-643 -3800 •
4 222
ATTAC HME NT A
BEM
SAMPLE FIELD SHEET
223
CHAIN OF CUSTODY
1643 3RD STREET
ESCALON, CA 95320
833-643-3800 • [email protected]
BEM PROJECT#
SAMPLE DATE:
SURVEY TYPE:
Project Name: l?nl-,cr A. Y\ "'~ -J. t\.l'\\,l, W\14 -; r - _ .. ,.,.
Address: t"~C, ,, 1 ,, <":J\-. lo\ ~ J.
,_.,:w1... C.b.. C\1(,1\
,, sb ({,Vt\\)
. - Type of Loss:
Areas Inspected: !."'\-- 1/0
Sample# Sample Description Surface
r__ '7_-tl l
V., ,, J Mat. Desc.: ea,,.. y f'\O.\ \-i(. WC FL
-o, Mat.Loe.: ~o"'" c~,,-t\- .. \I "~ill\\.C...
oo•
Mat. Desc.: CCL,.,-.\. 1',o.")1r 1l, WC FL
-(J) Mat.Loe.: ~(l(\,\ r.r.11\- - \/CAl'~Uw..
008
Mat. Desc.: °'-"" ~ \IC\ \ WC FL
- tr~ Mat.Loe.: 1'3tt\tf.t....\."'- C.r ~,.~ .., ,l4r'mb. "- oo• - Mat. Dese.: f\'4_ ~\, 1l, \ - WC FL
- Oc..f Mat. Loe.: t\u-t.a l\. oo•
r.,.,a.1\. - ..,..,..,tt,A.,
• Mat. Dese.: \'l "X \~ \jl=\ 1 WC FL -~, Mat. Loe.: ",/0 00~ Mat. Desc.: l'\1, \\-it, WC FL
-tJC, Mat. Loe.: 1/0 oo•
Mat. Desc.: \'J. '), ,,;i V'{- \ WC FL
.-01 -:i',1'\,\.lr', rl"\1..\- oo• Mat. Loe.:
Mat. Dese.: f'\,~\. \l, WC FL
- G'6 ., ~~ ·, \.c.,, l. r l.c.-k- 00<1 Mat. Loe.:
Mat. Desc.: \ ':). )\ \')_ v~, WC FL
-oq 00(1 Mat. Loe.: V «M.Vr ~ "w.J Mat. Dese.: )"\q', \.! (.. I WC FL -lo Vl."'-\ \- t.\\.\-4.J
OOlj Mat. Loe.:
Mat. Desc.: C, t} fl\ \ WC FL
-\' Mat.Loe.: ~"'"'\\.(, £. (-,.,(..., '(\._y ~DllAl- V b_,I\IJ\)." 000
Mat. Dese.: (.61'\ \ • WC FL
-- \1- ~JV\. (\tAu. 'bo~.1tlc.. - \l'a_.r•a,.,..\
000 Mat. Loe.:
Mat. Dese.: '7\ WC FL
-rs f>• o Mat. Loe.: ~ 1(,4-,,-, ~t c,\.i,o~'t Mat. Desc.: S1 ~ W C FL 'Lf ••o - Mat. Loe.:
Mat. Desc.: sru-~ WC FL
- \) lli>O Mat. Loe.: \k ,~ .. \(~ ~ t_ ~i'bft~"
'f\' - WCR
- \ Co
Mat. Dese.: t\~\.(.I'
••o Mat.Loe. : \Ja,._,\\. t \ , ... J. {\, ta.r\W\6. Vt,,.\\', '"•:rol'IA!l (t..J., 14' Mat. Desc.: t \ Clf>\ er l " I . ,w C FL
-\7 "~ •~o Mat. Loe.:
Relinquished byj. \Jill b~il\ Received by: DC Relinquished by:
x, l;'j 1/ _;:::::__ xv. ~ ·(?i • X ,,.., ~ ,. , ,. ~
~ 11e/Date:) 1.-':lCJ-?) Time/Date: 11/30/23 1115 Time/Date:
BEM USE ONL V: Accept Samples 0Ves In.DC date 11-30
"'- I - r _,..,.
TURN-AROUND TIME
Q SAME DAY W)24HOURS
0 Point Count Trace Results
.YES-400 0 YES-1000 0 NO
~ ,la
T. Time LPM Vol./Qua. "' ::,
~ ~ ~ l2
~ ~ i 0
"- )( .:; "' ...
• 0 0 0 0 0 0 0
• 0 0 0 0 0 0 0
• 0 0 0 0 0 00
~ 0 0 0 0 0 0 0
a O 0 0 0 0 0 0
• 0 0 0 0 0 0 0
e O 0 0 0 0 0 0
• 0 0 0 0 0 0 0
• 0 0 0 0 0 0 0
5 0 0 0 0 0 0 0
(I 0 0 0 0 0 0 0
• 0 0 0 0 0 0 0
ii 0 0 0 0 0 0 0
• 0 0 0 0 0 0 0
• 0 0 0 0 0 0 0
" 0 0 0 0 0 0 0
lj, 0 0 0 0 0 00
Received by:
X
Time/Date:
Versij)n: FCOC.03.15.22.1/1.QM
224
CHAIN OF CUSTODY BEM PROJECT#
Project Name:
1643 3RD STREET
ESCALON, CA 95320
833-643-3800 • [email protected]
SAMPLE DATE:
SURVEY1YPE:
Yohct. AW\'t\l ~ P.•.n\J. '\ V\t.\ -: lo~~
Address: c;1c, ,, 1' ,. )\.. Lo\ ~ I - !/\'I/, CJ).. <\)~1\ Type of Loss: J '"sb ~t"'o
Areas Inspected: 1."'\-- 1/0
~
mple# Sample Description Surface
"I:-.,<.
V"'"<I Mat. Desc.: ~\~\\tr WC FL
-\<l Mat. Loe.: '1 '-' \t ( ~cl t',,1 Ill\...... \,I°',\\ c,.J \ltl':, .. \, ( ~ \._.._ j)00 - Mat. Desc.: ~ ~ , :,.,~ J . WC FL
- \q Mat. Loe.: "Q.U..\\. ~ '(\u.,i.. ....... .,._,o.\ \ t /'1'f»l'la.,. ... r,. lioo
[, l -.,t '"'""'
::::~oe:~·' o~\\ol\ ~oor~ i- I - W "C FL
-}D eioo
Mat. Desc.: 51 WC FL
- ')\ 1/ 0 • oo Mat. Loe.:
Mat. Desc.: ~"T I WC FL
- 'l1 •oo Mat. Loe.:
- Mat. Dese.: '; 'i WC FL
-11 •oo Mat. Loe.:
Mat. Desc.: 5-, WC FL
-'l4 eoo Mat. Loe.:
Mat. Desc.: ':, 1 WC FL
-'l5 .J{ •oo Mat. Loe.:
Mat. Desc.: At{ ) WC FL
-,C, o~o Mat. Loe.: " (l 1"',0 u.." Mat.Desc.: A.(,"') l , WC FL -'l1 o•o Mat.Loe.:
Mat.Desc.: A,._C C, WC FL
- li ~ oso Mat. Loe.:
Mat. Desc.: srr J'Jl - WC FL
.. l,q Mat. Loe.: 1 / C, • •o
Mat. Desc.: 5" / J( WC FL
-1o ef>o Mat. Loe.:
- Mat. Dese.: «jf'? f J (., WC FL
-1l ~v @:>SI0
Mat. Loe.:
Mat.Desc.: (e1I-,. Tilt WC FL
-1} o• o Mat. Loe.: \/" ,\)CA, C:>
Mat. Desc.{.;.e 1 (;:; p."\-f. \ WC FL
.-J3 o• o Mat. Loe.: "Q. "iQU,,',
Mat. Dese.: WC FL
0 00
Mat. Loe.:
Relinquished byJ. \J ..... l. ~/\ Received by: DC Relinquished by:
XJ ~i1 '\};::- X n .- .~ 0
(?/,AA , :..A
X
Ti~ne/Date: I I - ::)q .. ';)) Time/Date: 11/30/23 1115 TI me/Date:
BEM USE ONLY: Accept Samples 0Ves In.DC date 11-30
TURN-AROUND TIME
QSAME DAY (t24HOURS
0 Point Count Trace Results
" VES-400 0 VES-1000 0 NO
t
~
T.Ttme LPM Vol./Qua. o
~ l2 ~ I:: ::;; 0 ::;; .. ~ " ~ ::;; ~
• 0 0 0 0 0 0 0
• 0 0 0 0 0 0 0
(j 0 0 0 0 0 0 0
• 0 0 0 0 0 0 0
• 0 0 0 0 0 0 0
• 0 0 0 0 0 00
• 0 0 0 0 0 0 0
• 0 0 0 0 0 0 0
<t O 0 0 0 0 0 0
• 0 0 0 0 0 0 0
, 0 0 0 0 0 0 0
• 0 0 0 0 0 0 0
• 0 0 0 0 0 0 0
• 0 0 0 0 0 0 0
ii 0 0 0 0 0 0 0
• 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
Received by:
X
Time/Date:
Version: FCOC.03.15.22.1/1.QM
225
AT T A C HMENT B
LABORATORY
ANALYTICAL REPORT
226
CENTRAL VALLEY
LABORATORIES
Report Prepared For:
Bovee Environmental Management
1643 3rd Street
Escalon, CA 95320
Client Project:
Report ID:
Dear Customer:
23-63715
AE232749
Enclosed are asbestos analysis results for PLM Bulk samples received at our laboratory on November 30, 2023 . The samples were analyzed for asbestos using polarizing light microscopy (PLM) under EPA 600/R-93/116 and EPA - Appendix E to Subpart E of 40 CFR Part 763 Methods.
Sample results containing >1 % asbestos are considered asbestos-containing materials (ACMs) per EPA regulatory requirements. The detection limit for the EPA 600 Method is <1 % asbestos by weight as determined by visual estimation.
TOTAL SAMPLES ANALYZED: 33
TOTAL LAYERS ANALYZED:
# LAYERS >1% ASBESTOS:
[~J~[£ ul
TESTING v-1
NVLAP Lab Code 600260
41 10
Kind Regards,
Danielle Carrier
Laboratory Director
Central Valley Laboratories
1643 3rd Street • Escalon, CA 95320 • Office 209-847-3800 Page 1 of 10 227
ASBESTOS REPORT SUMMARY
By: POLARIZED LIGHT MICROSCOPY
Client Project: 23-63715 ReportlD: AE232749
CENTRAL VALLEY
LABORATORIES
Client:
Methodology:
Client ID
63715-01
63715-02
63715-03
63715-04
63715-05
63715-06
63715-07
63715-08
63715-09
63715-10
63715-11
Bovee Environmental Management
1643 3rd Street
Escalon, CA 95320
EPA 600/R-93/116 and EPA - Appendix E to Subpart E of 40 CFR Part 763 Layer Lab ID Color Sample Description
AE2321307 Yellow Carpet Mastic
AE2321308 Yellow;Beige Carpet Mastic
AE2321309 Yellow Mastic
2 Tan 9X9 Vinyl Floor Tile
AE2321310 Black Mastic
AE2321311 Gray;Black 12X12 Vinyl Floor Tile
AE2321312 Black Mastic
AE2321313 Gray/Tan 12X12 Vinyl Floor Tile
AE2321314 Black Mastic
AE2321315 Cream 12X12 Vinyl Floor Tile
AE2321316 Yellow Mastic
AE2321317 White Cove Base Mastic
2 Brown Cove Base Mastic
3 Yellow Cove Base Mastic
Central Valley Laboratories
% Asbestos
None Detected
Chrysotile 2%
None Detected
Chrysotile 10%
LWi·M .....
None Detected
GM-NW·~
[email protected]
Chrysotile 5%
None Detected
None Detected
None Detected
None Detected
None Detected
1643 3rd Street • Escalon, CA 95320 • Office 209-847-3800 Page 2 of 10 228
ASBESTOS REPORT SUMMARY
By: POLARIZED LIGHT MICROSCOPY
Client Project: 23-63715 ReportlD: AE232749
CENTR A L VALLEY
LABORATORIES
Client:
Methodology:
Client ID
63715-12
63715-13
63715-14
63715-15
63715-16
63715-17
63715-18
63715-19
63715-20
63715-21
63715-22
Bovee Environmental Management
1643 3rd Street
Escalon, CA 95320
EPA 600/R-93/116 and EPA-Appendix E to Subpart E of 40 CFR Part 763 Layer Lab ID Color Sample Description
AE2321318 Brown Cove Base Mastic
2 Yellow Cove Base Mastic
AE2321319 Off White;White Surface Texture
AE2321320 Off White;White Surface Texture
AE2321321 Brown;White Sheetrock/Joint Compound
AE2321322 White Plaster Skim Coat
2 Off White Plaster Base Coat
AE2321323 Tan;White Plaster Skim Coat
2 Off White Plaster Base Coat
AE2321324 White Plaster Skim Coat
2 Off White Plaster Base Coat
AE2321325 Brown;White Button Board
AE2321326 Brown;White Button Board
AE2321327 White Surface Texture
AE2321328 White Surface Texture
Central Valley Laboratories
% Asbestos
Tremolite 3%
None Detected
G@M,Mi-~
GM!M-@---
Chrysotile <1%
None Detected
None Detected
None Detected
None Detected
None Detected
None Detected
None Detected
None Detected
None Detected
None Detected
1643 3rd Street • Escalon, CA 95320 • Office 209-847-3800 Page 3 of 10 229
ASBESTOS REPORT SUMMARY
By: POLARIZED LIGHT MICROSCOPY
Client Project: 23-63715 Report ID: AE232749
CENTR.AL VALLEY
LABORATORIES
Client:
Methodology:
Client ID
63715-23
63715-24
63715-25
63715-26
63715-27
63715-28
63715-29
63715-30
63715-31
63715-32
63715-33
Bovee Environmental Management
1643 3rd Street
Escalon, CA 95320
EPA 600/R-93/116 and EPA - Appendix E to Subpart E of 40 CFR Part 763 Layer Lab ID Color Sample Description
AE2321329 White Surface Texture
AE2321330 Off White;White Surface Texture
AE2321331 Off White;White Surface Texture
AE2321332 White Acoustic Ceiling Spray
AE2321333 White Acoustic Ceiling Spray
AE2321334 White Acoustic Ceiling Spray
2 Off White Surface Texture
AE2321335 Brown;White Sheetrock/Joint Compound
AE2321336 Brown;White Sheetrock/Joint Compound
AE2321337 Brown;White Sheetrock/Joint Compound
AE2321338 White;Gray Ceiling Tile
AE2321339 White;Gray Ceiling Panel
Central Valley Laboratories
% Asbestos
None Detected
None Detected
None Detected
None Detected
None Detected
None Detected
Chrysotile 2%
None Detected
None Detected
None Detected
None Detected
None Detected
1643 3rd Street • Escalon, CA 95320 • Office 209-847-3800 Page 4 of 10 230
ASBESTOS BULK ANALYSIS
By: POLARIZED LIGHT MICROSCOPY
CENTRAL VALLEY
LABORATORIES
Client: Bovee Environmental Management
1643 3rd Street
Escalon, CA 95320
Client Project: 23-63715
Report ID:
Received:
Analyzed:
Reported:
Methodology: EPA 600/R-93/116 and EPA - Appendix E to Subpart E of 40 CFR Part 763 Client ID Lab
Sample ID Description
63715-01
AE2321307 Carpet Mastic
63715-02
AE2321308 Carpet Mastic
Unable to Separate Layers
63715-03 LAYER 1
AE2321309 Mastic
LAYER 2
9X9 Vinyl Floor Tile
63715-04
AE2321310 Mastic
Lab
Attributes
Yellow
Homogeneous
Non-Fibrous
Bound
Yellow;Beige
Heterogeneous
Non-Fibrous
Bound
Yellow
Homogeneous
Non-Fibrous
Bound
Tan
Homogeneous
Fibrous
Bound
Black
Homogeneous
Non-Fibrous
Bound
63715-05 Gray;Black
AE2321311 12X12 Vinyl Floor Tile Homogeneous
63715-06
AE2321312 Mastic
Non-Fibrous
Bound
Black
Homogeneous
Non-Fibrous
Bound
63715-07 Gray/Tan
AE2321313 12X12 Vinyl Floor Tile Homogeneous
Non-Fibrous
Bound
NON-ASBESTOS COMPONENTS
Fibrous Non-Fibrous
Mastic
Mastic
Calcium Carbonate
Silicates
Mastic
Vinyl
Calcium Carbonate
Silicates
Mastic
Vinyl
Calcium Carbonate
Silicates
Mastic
Vinyl
Calcium Carbonate
Silicates
Central Valley Laboratories
100%
58%
30%
10%
100%
55%
25%
10%
95%
60%
30%
10%
95%
55%
28%
10%
AE232749
11/30/2023
11/30/2023
12/01/2023
ASBESTOS
%
None Detected
Chrysotile 2%
None Detected
Chrysotile 10%
Chrysotile 5%
None Detected
Chrysot1le 5¾
Chrysotile 7%
1643 3rd Street • Escalon, CA 95320 • Office 209-847-3800 Page 5 of 10 231
ASBESTOS BULK ANALYSIS
CVL By: POLARIZED LIGHT MICROSCOPY
CENTRAL VALLEY
LABORATORlli:S
Client: Bovee Environmental Management
1643 3rd Street
Escalon, CA 95320
Client Project: 23-63715
Report ID:
Received:
Analyzed:
Reported:
Methodology: EPA 600/R-93/116 and EPA-Appendix E to Subpart E of 40 CFR Part 763 Client ID lab
Sample ID Description
63715-08
AE2321314 Mastic
63715-09
AE2321315 12X12 Vinyl Floor Tile
63715-10
AE2321316 Mastic
63715-11 LAYER 1
AE2321317 Cove Base Mastic
LAYER2
Cove Base Mastic
LAYER3
Cove Base Mastic
63715-12 LAYER 1
AE2321318 Cove Base Mastic
LAYER 2
Cove Base Mastic
63715-13
AE2321319 Surface Texture
lab
Attributes
Black
Homogeneous
Non-Fibrous
Bound
Cream
Homogeneous
Non-Fibrous
Bound
Yellow
Homogeneous
Non-Fibrous
Bound
White
Homogeneous
Non-Fibrous
Bound
Brown
Homogeneous
Non-Fibrous
Bound
Yellow
Homogeneous
Non-Fibrous
Bound
Brown
Homogeneous
Non-Fibrous
Bound
Yellow
Homogeneous
Non-Fibrous
Bound
Off White;White
Heterogeneous
Non-Fibrous
Bound
NON-ASBESTOS COMPONENTS
Fibrous
Non-Fibrous Tremolite 2%
Non-Fibrous
Mastic
Vinyl
Calcium Carbonate
Silicates
Mastic
Mastic
Mastic
Mastic
Mastic
Mastic
Calcium Carbonate
Silicates
Paint
Central Valley Laboratories
95%
60%
30%
10%
100%
100%
100%
100%
95%
100%
73%
15%
10%
AE232749
11/30/2023
11/30/2023
12/01/2023
ASBESTOS
%
Chrysotile 5%
None Detected
None Detected
None Detected
None Detected
None Detected
Tremolite 3%
None Detected
Chrysotilc 2%
1643 3rd Street • Escalon, CA 95320 • Office 209-847-3800 Page 6 of 10 232
CENTRAL VALLEY
LABORATORIES
Client: Bovee Environmental Management
1643 3rd Street
Escalon, CA 95320
Client Project: 23-63715
ASBESTOS BULK ANALYSIS
By: POLARIZED LIGHT MICROSCOPY
Report ID:
Received:
Analyzed:
Reported:
AE232749
11/30/2023
11/30/2023
12/01/2023
Methodology: EPA 600/R-93/116 and EPA- Appendix E to Subpart E of 40 CFR Part 763 Client ID Lab
Sample ID Description
63715-14
AE2321320 Surface Texture
63715-15
AE2321321 Sheetrock/Joint
Compound
Lab
Attributes
Off White;White
Heterogeneous
Non-Fibrous
Bound
Brown;White
Heterogeneous
Fibrous
Bound
2% Chrysotile in Joint Compound; <1 % Composite
63715-16 LAYER 1 White
AE2321322 Plaster Skim Coat Heterogeneous
Non-Fibrous
Bound
LAYER2 Off White
Plaster Base Coat Homogeneous
Non-Fibrous
Bound
63715-17 LAYER 1 Tan;White
AE2321323 Plaster Skim Coat Heterogeneous
Non-Fibrous
Bound
LAYER 2 Off White
Plaster Base Coat Homogeneous
Non-Fibrous
Bound
63715-18 LAYER 1 White
AE2321324 Plaster Skim Coat Heterogeneous
Non-Fibrous
Bound
LAYER2 Off White
Plaster Base Coat Homogeneous
Non-Fibrous
Bound
63715-19 Brown;White
AE2321325 Button Board Heterogeneous
Fibrous
Bound
NON-ASBESTOS COMPONENTS
Fibrous Non-Fibrous
Paint
Calcium Carbonate
Cellulose Fiber 20% Gypsum
Calcium Carbonate
Silicates
Binder/Filler
Paint
Silicates
Paint
Binder/Filler
Silicates
Binder/Filler
Paint
Silicates
Paint
Binder/Filler
Silicates
Binder/Filler
Paint
Silicates
Paint
Binder/Filler
Cellulose Fiber 15% Gypsum
Central Valley Laboratories
ASBESTOS
%
88%
10%
Chrysotile 2%
70%
10%
Chrysotiie
60% None Detected
30%
10%
40% None Detected
15%
45%
60%
30%
10%
40%
15%
45%
60%
30%
10%
None Detected
None Detected
None Detected
40% None Detected
15%
45%
85% None Detected
<1%
1643 3rd Street • Escalon, CA 95320 • Office 209-847-3800 Page 7 of 10 233
ASBESTOS BULK ANALYSIS
C L By: POLARIZED LIGHT MICROSCOPY
C E N TRA L VALLE Y
LABORATORIES
Report ID: AE232749
Client: Bovee Environmental Management Received: 11/30/2023 1643 3rd Street Analyzed: 11/30/2023
Escalon, CA 95320 Reported: 12/01/2023
Client Project: 23-63715
Methodology: EPA 600/R-93/116 and EPA - Appendix E to Subpart E of 40 CFR Part 763 Client ID Lab Lab NON-ASBESTOS COMPONENTS ASBESTOS
Sample ID Description Attributes Fibrous Non-Fibrous %
63715-20 Brown;White Cellulose Fiber 15% Gypsum 85% None Detected AE2321326 Button Board Heterogeneous
Fibrous
Bound
63715-21 White Paint 50% None Detected
AE2321327 Surface Texture Heterogeneous Calcium CartJonate 40% Non-Fibrous Silicates 10%
Bound
63715-22 White Paint 50% None Detected
AE2321328 Surface Texture Heterogeneous Calcium Carbonate 40% Non-Fibrous Silicates 10%
Bound
63715-23 White Paint 50% None Detected
AE2321329 Surface Texture Heterogeneous Calcium Carbonate 40% Non-Fibrous Silicates 10%
Bound
63715-24 Off White;White Paint 50% None Detected
AE2321330 Surface Texture Heterogeneous Calcium CartJonate 40% Non-Fibrous Silicates 10%
Bound
63715-25 Off White;White Paint 50% None Detected
AE2321331 Surface Texture Heterogeneous Calcium Carbonate 40% Non-Fibrous Silicates 10%
Bound
63715-26 White Cellulose Fiber <1% Calcium Carbonate 65% None Detected AE2321332 Acoustic Ceiling Spray Heterogeneous Foam 25% Non-Fibrous Paint 10%
Loosely Bound
63715-27 White Cellulose Fiber <1 % Calcium CartJonate 65% None Detected AE2321333 Acoustic Ceiling Spray Heterogeneous Foam 25% Non-Fibrous Paint 10%
Loosely Bound
Central Valley Laboratories
1643 3rd Street • Escalon, CA 95320 • Office 209-847-3800 Page 8 of 10 234
ASBESTOS BULK ANALYSIS
OVL By: POLARIZED LIGHT MICROSCOPY
CENTRAL VALLEY
LABORATORIES
Client: Bovee Environmental Management
1643 3rd Street
Escalon, CA 95320
Client Project: 23-63715
Report ID:
Received:
Analyzed:
Reported:
Methodology: EPA 600/R-93/116 and EPA- Appendix E to Subpart E of 40 CFR Part 763 Client ID Lab
Sample ID Description
63715-28 LAYER 1
AE2321334 Acoustic Ceiling Spray
LAYER2
Surface Texture
63715-29
AE2321335 Sheetrock/Joint
Compound
63715-30
AE2321336 Sheetrock/Joint
Compound
63715-31
AE2321337 Sheetrock/Joint
Compound
63715-32
AE2321338 Ceiling Tile
63715-33
AE2321339 Ceiling Panel
Lab
Attributes
White
Heterogeneous
Non-Fibrous
Loosely Bound
Off White
Heterogeneous
Non-Fibrous
Bound
Brown;White
Heterogeneous
Fibrous
Bound
Brown;White
Heterogeneous
Fibrous
Bound
Brown;White
Heterogeneous
Fibrous
Bound
White;Gray
Heterogeneous
Fibrous
Loosely Bound
White;Gray
Heterogeneous
Fibrous
Loosely Bound
NON-ASBESTOS COMPONENTS
Fibrous
Cellulose Fiber
Cellulose Fiber
Cellulose Fiber
Cellulose Fiber
Fiberglass
Cellulose Fiber
Cellulose Fiber
Fiberglass
<1%
20%
20%
20%
60%
10%
50%
20%
Non-Fibrous
Calcium Carbonate
Foam
Paint
Calcium Carbonate
Silicates
Paint
Gypsum
Calcium Carbonate
Gypsum
Calcium Carbonate
Gypsum
Calcium Carbonate
Perlite
Paint
Perlite
Paint
Central Valley Laboratories
65%
25%
10%
73%
15%
10%
70%
10%
70%
10%
70%
10%
20%
10%
20%
10%
AE232749
11/30/2023
11/30/2023
12/01/2023
ASBESTOS
%
None Detected
Chrysotile 2%
None Detected
None Detected
None Detected
None Detected
None Detected
1643 3rd Street • Escalon, CA 95320 • Office 209-847-3800 Page 9 of 10 235
ASBESTOS BULK ANALYSIS
By: POLARIZED LIGHT MICROSCOPY
CENTRAL VALLEY
LABORATORltS
Client:
Client Project:
Bovee Environmental Management
1643 3rd Street
Escalon, CA 95320
23-63715
Report ID:
Received:
Analyzed:
Reported:
Methodology: EPA 600/R-93/116 and EPA - Appendix E to Subpart E of 40 CFR Part 763 LEGEND: Non-Anth = Non-Asbestiform Anthophyllite Non-Trem = Non-Asbestiform Tremolite METHOD: EPA 600/R-93/116 and EPA- Appendix E to Subpart E of 40 CFR Part 763 REPORTING LIMIT: <1 % by Visual Estimation
REPORTING LIMIT FOR POINT COUNTS: 0.25% by 400 Points or 0.1 % by 1,000 Points REGULATORY LIMIT: >1% by Weight
AE232749
11/30/2023
11/30/2023
12/01/2023
Due to the limitations of the EPA 600 method, non friable organically bound materials (NOBs) such as vinyl floor tiles can be difficult to analyze via polarized light microscopy (PLM). EPA recommends that all NOBs analyzed by PLM, and found not to contain asbestos, be further analyzed by Transmission Electron Microscopy (TEM). Pl ease note that PLM analysis of dust and soil samples for asbestos is not covered under any of Central Valley Laboratories' accreditations. Estimated measurement of uncertainty is available on request.
This report relates only to the samples tested or analyzed and may not be reproduced, except in full, without written approval by Central Valley Laboratories (CVL). CVL makes no warranty representation regarding the accuracy of customer submitted information in preparing and presenting analytical results. Interpretation of the analytical results is the sole responsibility of the customer. Samples were received in acceptable condition unless otherwise noted. This report may not be used by the customer to claim product endorsement by NVLAP, AIHA, ELAP, or any agency of the U.S. Government.
CVL is accredited with the Environmental Laboratory Accreditation Program (ELAP) under Certificate Number 3013.
CVL is accredited for Asbestos Analysis of Bulk Building Materials by PLM by the National Voluntary Laboratory Accreditation Program (NVLAP Lab Code 600260-0).
Analyzed By
[tZ]W[&,al
NVLAP Lab
TESTING
Code 600260
~
Central Valley Laboratories
1643 3rd Street • Escalon, CA 95320 • Office 209-847-3800 Page 10 of 10 236
ATTA CHMENT C
SITE DRAWING
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238
TO:
FROM:
DATE:
LOsBanos
t th Cro ·wds oj d~{iwni
Agenda Staff Report
Mayor Llanez and City Council Members
Stacy Souza Elms, Community and Economic Development Director~ February 21 , 2024
TYPE OF REPORT: Public Hearing
SUBJECT: Consideration of Conditional Use Permit #2023-07 to Allow the Use of Type 41 Alcohol License for the On-Sale of Beer and Wine in Conjunction with an Eating Establishment for Premiere Cinemas Los Banos Located at 245 Mercey Springs Road
Recommendation:
That the City Council adopt a Resolution approving a CEQA Exemption, pursuant to Section 15301, Existing Facilities, and approve Conditional Use Permit #2023-07 to allow the sale of alcohol under a Type 41 alcohol license located at 245 Mercey Springs Road; Assessor's Parcel Number: 025-121-022.
Background:
On July 26, 2023, the Los Banos Planning Commission held a public hearing to review Conditional Use Permit #2023-07 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 #2023-07 to the Los Banos City Council.
1 239
The applicant, Premiere Cinemas Los Banos, is requesting the on-sale of beer and wine to enhance the movie-going experience. Since 2017 the serving of alcohol in movie theaters has become a trend and Premiere Cinemas Los Banos is proposing to be progressive in complementing the types of food that are served at the movie theater with the accompaniment of beer and wine. The business operates Monday through Sunday from 11 am until approximately 12:00 am.
LOCATION AND ACCESS:
The project site is located at 245 Mercey Springs Rd., Assessor's Parcel Number: 025- 121-022. The project site is located within the Highway Commercial Zoning District (H-C) and can be accessed from Mercey Springs Rd. and Romero St.
LAND USE:
Property
Project site
North
South
East
West
Land Use
Commercial
Residential
Commercial
Commercial
Commercial
H-C = Highway Commercial
ENVIRONMENTAL ASSESSMENT:
Zone
H-C
H-C
H-C
H-C
H-C
General Plan
RC
RC
RC
RC
RC
RC = Regional Commercial
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 2 240
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 involving the permitting and licensing of an existing private structure and involves no expansion at 245 Mercey Springs Rd., APN: 025-121-022.
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:
1 . The primary use is a movie theater.
3 241
2. The surrounding area, adjacent uses, and function are primarily commercial in nature. A movie theater with the on-sale of beer and wine at this location is consistent with the commercial uses of the Highway Commercial Zoning District and Regional Commercial land use designation of the General Plan.
3. Staff is unaware of any significant problems related to crime and loitering, in the surrounding area which would be exacerbated by the on-sale of beer and wine in conjunction with a movie theater at this location.
4. The approval of the on-sale of beer and wine for on-site consumption will not contribute to the undue proliferation of alcohol sales in the area where that use would be undesirable 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 on-sale of beer and wine and are intended to preserve the public health, safety, or welfare of persons and property in the vicinity including crime prevention and loitering.
5. The proposed use is located within the immediate vicinity of places of worship and a school. The project will include conditions of approval which regulate the operational characteristics of allowing the on-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 and/or the school.
6. The project is located on Mercey Springs Rd. which is primarily occupied by 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. The nearest residence is located approximately 250 feet north of the entrance of the movie theater. The project site is located in the Highway Commercial Zoning District and surrounded by existing commercial uses. The project will include conditions of approval which regulate the operational characteristics of allowing the serving of alcohol and are intended to preserve the public health, safety, and welfare of persons and property in the vicinity.
All sales of alcohol will be conducted within the movie theater concession area 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 theater, Premiere Cinemas Los Banos, will also be subject to the Los Banos Municipal Code Noise Ordinance.
4 242
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
22.04 I
22.03 23.04
5 243
As of the date of this report, there are 15 on-sale licenses currently active in this specific census tract.
License
Type Business Name
48 Tony's Rendezvous
41 Jesus Mexican Restaurant
41 Me N Eds Pizzeria
48 Lucky Strike Club
48 Jesse's Bar
41 5Th St Diner
41 El Grullense Jal
47 Mariscos Munoz
48 Rincon Bohemia
41 Little Diamond's Pizza
47 Smokey Joe's Billiards
47 Wool Growers Restaurant and Tavern, Inc.
41 Delicias Las Palmas Taqueria y Mariscos
41 Carnitas Del Baiio, Inc.
41 La Pupusa Loca y Antojitos Mexicanos Restaurant
Type 41 license = On-Sale Beer and Wine - Eating Place
Type 47 license= On-Sale General - Eating Place
Type 48 license = On-Sale General - Public Premises
PUBLIC COMMENT:
Address
536 I St.
631 H St., Ste. A
846 W. Pacheco Blvd.
551 I St.
627 I St.
925 Sixth St.
1024 E Pacheco Blvd
400 Pacheco Blvd
534 I St.
933 Sixth St.
830 I St.
609 H St
502 E Pacheco Blvd
455 H St.
651 I St.
A public hearing notice was published in the Merced Sun Star and notices were mailed to adjacent property owners within a 300-foot radius of the subject property on Friday, February 9, 2024. As of the date of this staff report, no comments have been received. 6 244
Attachments:
1. Resolution
Exhibit A - CEQA Findings
Exhibit B - Project Findings
Exhibit C - Conditions of Approval
2. Floor Plan
3. Site Photos
4. Public Hearing Notice - February 9, 2024
7 245
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246
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
AND APPROVING CONDITIONAL USE PERMIT
#2023-07 TO ALLOW THE USE OF A TYPE 41
ALCOHOL LICENSE FOR THE ON-SALE OF
BEER AND WINE IN CONJUNCTION WITH AN
EATING PLACE FOR PREMIERE CINEMAS LOS
BANOS LOCATED AT 245 MERCEY SPRINGS
ROAD
WHEREAS, the applicant, Premiere Cinemas Los Banos, has requested the City of Los Banos consider Conditional Use Permit #2023-07 to allow the use of a Type 41 alcohol license for the on-sale of beer and wine in conjunction with an eating place, for Premiere Cinemas Los Banos located at 245 Mercey Springs Road; more specifically identified as Assessor's Parcel Number: 025-121-022; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA) and the City of Los Banos Environmental Quality Guidelines, Conditional Use Permit #2023-07 for Premiere Cinemas Los Banos was determined to be categorically exempt from the provisions of CEQA per Article 19, Section 15301 as the project site is an existing facility; and
WHEREAS, the Los Banos Planning Commission held a public hearing on July 26, 2023, for the purpose of considering Conditional Use Permit #2023-07 and at the completion of the public hearing, duly considered the evidence presented and recommended approval of Conditional Use Permit #2023-07 to the Los Banos City Council; and
WHEREAS, a public hearing notice was published in the Westside Express on Wednesday, January 24, 2024, and notices were mailed to property owners within a 300- foot radius of the project site on Friday, January 26, 2024 as required by the Los Banos Municipal Code and Government Code Section 65091; and
WHEREAS, the Los Banos City Council has held a duly noticed public hearing, 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 accordance with the Conditional Use Permit criteria established in Section 9-
3.2322 of the Los Banos Municipal Code; and
247
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 #2023-07 to allow the use of a Type 41 Alcohol License for the on-sale of beer and wine in conjunction with an eating place for Premiere Cinemas Los Banos located at 245 Mercey Springs Road, 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 7th day of February 2024, by Council Member __ _ who moved its adoption, which motion was duly seconded by Council Member __ _ and the Resolution adopted by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
Paul Llanez, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
2 248
EXHIBIT A
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS FOR CONDITIONAL USE PERMIT #2023-07 - PREMIERE CINEMAS LOS BANOS 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 #2023-07 was evaluated and determined to be categorically exempt per Article 19, Section 15301, Existing Facilities, 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 245 Mercey Springs Rd., APN:
025-121-022.
2. Conditional Use Permit #2023-07 was adequately noticed on Friday, January 26, 2024, for consideration at a public meeting on Wednesday, February 7, 2024.
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.
3 249
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250
EXHIBIT B
FINDINGS FOR APPROVAL FOR CONDITIONAL USE PERMIT #2023-07 -
PREMIERE CINEMAS LOS BANOS
The City of Los Banos City Council hereby finds as follows:
1. General Findings:
a. The project is consistent with the City of Los Banos General Plan.
The existing General Plan land use designation for the project site is Regional Commercial, which is intended for large commercial developments that serve residents and visitors from the surrounding region.
Examples of this land use include shopping centers, large-format retail, auto sales, and travel-related services, such as hotels, gas stations, and movie theaters. Most shopping opportunities in regional retail centers are likely to be national retailers with immediately recognizable household names.
These uses typically require good access to at least region-serving roadways. Supportive office uses are also allowed in this designation.
Houses of worship and other places for religious assembly as well as private schools and colleges are permitted subject to appropriate development standards and use-permit requirements
The following specific General Plan Goals, Objectives, and Policies are applicable to the proposed project:
ECONOMIC DEVELOPMENT POLICY 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.
Evidence/Analysis: Premiere Cinemas Los Banos will have the ability to provide a wider range of service for customers and allows a movie theater to compete with similar type businesses. The proposed use would continue a commercial use that is compatible with and complementary of existing commercial uses adjacent to the project site. In addition, the project would also be consistent with General Plan land use policies as set forth above. b. The zoning designation for the project site is Highway Commercial (H-C).
The purpose of the Highway Commercial District is to provide a district for commercial uses which do not specialize in serving the pedestrian shopper but rather, because of their character, are more appropriately located along a highway or major street and where drive-in operations are more feasible. 4 251
Evidence/Analysis: The proposed use complies with the Los Banos Municipal Code Title 9, Chapter 3, Article 13 as the use will be consistent with the surrounding area, adjacent uses, and function are primarily commercial in nature. A movie theater providing for the on-sale of beer and 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 and wine will be conducted in accordance with ABC regulations; therefore, will not be a nuisance or detrimental to the neighborhood in which the movie theater is located. The project contains conditions of approval which regulate the operational characteristics of allowing the serving of alcohol and are intended to preserve the public health, safety, or welfare of persons and property in the vicinity.
3. That the proposed use is compatible with the adjacent uses, properties, and neighborhoods and will not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City.
Evidence/Analysis: The proposed use will be conducted in the location in which commercial uses operate and will not result in significant operational changes to the existing commercial area. The areas function and character is Commercial, which includes uses that sell alcohol. The project would include conditions of approval which regulate the operational characteristics of allowing the serving of alcohol and are intended to preserve the public health, safety, or welfare of persons and property in the vicinity.
2. Specific Findings
1. That the proposal will not contribute to undue proliferation of such uses in an area where additional ones would be undesirable with consideration given to the area's function and character, problems of crime and loitering, and traffic problems and capacity.
Evidence/Analysis: The primary use in conjunction with the selling of beer and wine for on-site consumption is a movie theater. As reflected in the staff report, there are 15 active on-sale licenses in the census tract. This proposal will increase the amount of active on-sale licenses to one (1 ). The census tract area and function is primarily commercial in nature, and is entirely consistent with a movie theater and the sale of beer and wine for on-site consumption. The proposed on-sale of beer and wine is complementary to the movie theater use that is compatible with and complementary of existing commercial uses in the area. The project would include conditions of approval which regulate the operational characteristics of allowing the selling of beer and wine for on-site consumption and are intended to 5 252
preserve the public health, safety, or welfare of persons and property in the vicinity including crime prevention and loitering. Staff is unaware of any significant problems in the area related to crime and loitering, which would be negatively affected by the on-sale of beer and wine at this location.
2. That the proposal will not adversely affect adjacent or nearby churches, temples, or synagogues; public, parochial, or private elementary, junior high, or high schools; public parks or recreation centers; or public or parochial playgrounds.
Evidence/Analysis: Conditions of Approval have been incorporated into the project which regulate the operational characteristics of allowing the selling of beer and wine for on-site consumption and are intended to preserve the public health, safety, or welfare of persons and property in the vicinity. The project is located within the immediate vicinity of a place of worship and school, nonetheless 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 movie theater at any time and it is not anticipated that persons will congregate on sidewalks or streets as a result of the proposed use. Signage will also be provided on the property and building which prohibit loitering. It is not anticipated that the on-sale of beer and wine at this location will adversely affect any important pedestrian right of ways.
4. That where the proposed use is in close proximity to residential uses, and especially to bedroom windows, the use will be limited in hours of operation, or designed operated so as to avoid the disruption of residents' sleep between the hours of 10:00 p.m. and 7:00 a.m.
Evidence/Analysis: There is an existing legal non-conforming residential use in an adjacent parcel to the north of the project site and is located approximately 250 feet away from the project site. The project site is surrounded by existing commercial uses. The project will not directly impact the existing residential use as the project will include conditions of approval which regulate the operational characteristics of allowing the sale of beer and wine for on-site consumption and are intended to preserve the public health, safety, and welfare of persons and property in the vicinity. Therefore, the proposed use will not disrupt sleeping activities to the neighboring residences.
6 253
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254
EXHIBIT C
CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT #2023-07-
PREMIERE CINEMAS LOS BANOS
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 #2023-07 is for Premiere Cinemas Los Banos, located at 245 Mercey Springs Rd., Assessor's Parcel Number: 025-121-022, and the requested use shall automatically and without notice expire after one ( 1) year from date of approval by the Los Banos City Council unless commenced. The City for cause may revoke this Conditional Use Permit. Any expansion, intensification, or significant change to the primary use and the uses approved under this Conditional Use Permit shall be permitted only upon modification of this Conditional Use Permit or approval of a separate Conditional Use Permit application. The Conditional Use Permit shall automatically and without notice expire one year after discontinuance of the primary use and/or the uses approved under the Conditional Use Permit.
3. The applicant/operator shall comply with all other requirements, laws and policies of other governmental agencies in the conduct and operation of said business.
4. The applicant/operator shall obtain and maintain an active Type 41 on-sale of beer & wine in conjunction with a bona-fide eating place (movie theater) 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.
7 255
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 movie theater as described in the application prepared by the applicant and filed with the Community and Economic Development Department. Any substantial or significant changes in use or operation of the premises from the Operational Statement may cause a review, amendment or revocation of the Conditional Use Permit. The applicant shall notify the Community and Economic Development Department of any substantial or significant changes in use or operation of the premises from the Operational Statement.
11. The use of the premises of the subject site shall be consistent with the Conditions of Approval and shall not be operated in a manner that deviates from the approved Conditional Use Permit filed application and operational statement, which shall constitute a violation and may result in the revocation or modification of the permit upon written notice to the owner of the subject site.
12. Authorization of a Conditional Use Permit granted pursuant to the provisions of Section 9-3.2322 of the Los Banos Municipal Code continue to be valid upon change of ownership of the site or structure which was the subject of the Conditional Use Permit application provided the use shall be subject to all provisions of the Municipal Code and all conditions placed on approval of the Conditional Use Permit are continually met. The applicant shall immediately notify the Community and Economic Development Department of any changes in ownership.
13. This Conditional Use Permit shall be subject to revocation by the Community and Economic Development Director or the Planning Commission upon a finding that:
a. Conditions of approval have not been fulfilled;
b. A significant change or intensification of the approved use; c. The use has resulted in a nuisance or detriment to the public health, safety, morals, comfort, and general welfare of the persons residing or working in the neighborhood or is detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City.
8 256
14. Consumption of alcohol shall only be allowed on the premises of the movie theater.
Outdoor patio consumption of alcohol shall only be permitted with a barrier between the public right -of-way and movie theater 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 movie theater 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. 9 257
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262
LOsBanos
t th, .,ossroatls 01 la
COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT
Date: February 9, 2024
Regarding: Notice of Public Hearing
Proposal: Conditional Use Permit #2023-07 - Premiere Cinemas Los Banos Type 41 Alcohol License
NOTICE IS HEREBY GIVEN THAT a Public Hearing will be held by the Los Banos City Council to consider a Categorical Exemption from the California Environmental Quality Act (CEQA) and Conditional Use Permit #2023-07 to allow the use of Type 41 Alcohol License for the on-sale of beer and wine for Premiere Cinemas Los Banos located within the Highway Commercial Zoning District at 245 Mercey Springs Rd., more specifically identified as Assessor's Parcel Number: 025-121-022.
The Los Banos Planning Commission held a public hearing on Wednesday, July 26, 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 #2023-07 to the Los Banos City Council.
A PUBLIC HEARING on this matter will be held at the next scheduled meeting of the Los Banos City Council meeting on Wednesday, February 21, 2024, at 6:00 p.m. in the Council Chambers of Los Banos City Hall located at 520 J Street. Questions regarding the above-referenced item may be directed to Stacy Souza Elms, Community & Economic Development Director, at City Hall or at (209) 827-2433.
All persons are invited to be present at the virtual 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 72 hours prior to the public hearing will enable the City to make reasonable arrangements to allow participation at this hearing
THE CITY OF LOS BANOS
Stacy Souza Elms
Community & Economic Development Director
263
THIS PAGE IS INTENTIONALLY LEFT BLANK
264
LOsBanos
t tl1c Crossroads of California
Agenda Staff Report
TO: Mayor Llanez and City Council Members
FROM: Jose Lemus, P.E., Interim Public Works Director/City Engineer DATE: February 21, 2024
SUBJECT: Ordinance - Airport Advisory Commission Meeting Times TYPE OF REPORT: Regular
Recommendation:
Staff recommends that the City Council waive the first reading and introduce Ordinance No.
AN ORDINANCE OF THE CITY OF LOS BANOS AMENDING TITLE
2 CHAPTER 2 SECTION 2-2.510 OF THE LOS BANOS MUNICIPAL
CODE TO CHANGE THE MEETING DATES AND TIMES OF THE
LOS BANOS AIRPORT ADVISORY COMMISSION
Background:
Currently the Los Banos Municipal Code provides that the Airport Advisory Commission meet monthly on the third Tuesday of each month at 5:00 p.m. in the City Hall Chambers.
Discussion:
Staff has evaluated the need for this commission to meet on a monthly basis. Staff has concluded that the volume of business coming before this commission does not support the need for a monthly meeting. Staff is requesting that the City Council consider an ordinance amending the Municipal Code to change the monthly meetings to quarterly meetings. The City has four active commissions: Parks and Recreation Commission; 265
Planning Commission; Tree Commission; and the Airport Advisory Commission. Two of those commissions: Parks and Recreation Commission; and Tree Commission meet on a quarterly basis and can meet more often as needed.
Staff is recommending that Airport Advisory Commission meet on a quarterly basis instead of the current monthly meetings.
Fiscal Impact:
Approval of this item will not result in net City cost. Reducing the frequency of the meetings should lower staff costs required for the preparation and attendance at a monthly meeting as opposed to a quarterly meeting.
CEQA
The proposed amendments to the Los Banos Municipal Code do not propose any changes to city policies or regulations that would result in a direct or indirect physical environmental impact; therefore it has been determined that this ordinance amendment is covered by the general rule that the California Environmental Quality Act applies only to projects which have the potential for causing a significant effect on the environment pursuant to CEQA guidelines section 15601(b)(3) and is not subject to environmental review.
Conclusion:
Staff recommends that the City Council waive the first reading and introduce Ordinance No. --
Attachments:
Redline LBMC Section 2-2.510
Proposed Ordinance
Brent Kuhn, Interim Finance Director
266
2-2.510. Meetings.
Regular meetings of the Commission shall be held quarterly on the third Tuesday of eaeh ealeBdafthe month§ oflanu'!!Y,--ARriL J!-!lY, ~d October. a~ -~ :05) _p,m. _ in_ the <;:ity Hall Council Chambers located at 520 J Street in the City. If any regular meeting day falls on a City holiday, the meeting shall be held on the following regular City business day at 5:00 p.m. i Formatb!d: Font: (Default) Times New Roman
Fonnatb!d: Font: (Default) nmes New Roman, 12 pt
-Fonnatb!d: Font: (Default) Times New Roman
Fonnatb!d: Font: (Default) nmes New Roman, 12 pt
267
THIS PAGE IS INTENTIONALLY LEFT BLANK
268
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF LOS BANOS AMENDING TITLE 2
CHAPTER 2 ARTICLE 5 SECTION 2-2.510 OF THE LOS BANOS
MUNICIPAL CODE TO CHANGE THE MEETING DATES AND TIMES
OF THE
LOS BANOS AIRPORT ADVISORY COMMISSION
The City Council of the City of Los Banos does ordain as follows:
Section 1. Section 2-2.510 of the Code is amended to read as follows:
Sec. 2-2.51 0 Meetings.
Regular meetings of the Commission shall be held quarterly on the third Tuesday of January, April, July, and October at 5:00 p.m. at City Hall located at 520 J Street in the City. If any regular meeting day falls on a City holiday, the meeting shall be held on the following regular City business day at 5:00 p.m.
Section 2. To the extent that the terms and provisions of this Ordinance may be inconsistent or in conflict with the terms or conditions of any prior City ordinance, motion, resolution, rule or regulation governing the same subject, the terms of this Ordinance shall prevail with respect to the subject matter thereof and such inconsistent or conflicting provisions of prior ordinances, motions, resolutions, rules or regulations are hereby repealed.
Section 3. If any section, subsection, subdivision, paragraph, sentence, clause or phrase added by this Ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses or phrases are declared unconstitutional, invalid or ineffective.
Section 4. The proposed amendments to the Los Banos Municipal Code do not propose any changes to city policies or regulations that would result in a direct or indirect physical environmental impact; therefore it has been determined that this ordinance amendment is covered by the general rule that the California Environmental Quality Act applies only to projects which have the potential for causing a significant effect on the environment pursuant to CEQA guidelines section 15601(b)(3) and is not subject to environmental review.
1 269
Section 5. This Ordinance shall go into effect and be in full force and operation thirty (30) days after its final passage and adoption. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted and published once within fifteen days after passage and adoption as may be required by law; or, in the alternative the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five days prior to the date of adoption of this Ordinance; and, within fifteen days after adoption, the City Clerk shall cause to be published, the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk.
Introduced by Council Member and seconded by Council Member _____ on the __ day of _____ , 2024.
Passed on the __ day of _ ____ , 2024 by the following vote:
A YES: Council Members
NOES:
ABSENT:
APPROVED:
Paul Llanez, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
2 270
LOsBanos
Agenda Staff Report
TO: Mayor & City Council Members 0
FROM: Jose Lemus, P.E., Interim Public Works Director/City Engineer/';!:
DATE: February 21, 2024
TYPE OF REPORT: Agenda Item
SUBJECT: Accepting Public Utility Improvements within the private community for East Center Phase 3A, Tract No. 2016-02.
Recommendation:
That the City Council adopts the Resolution accepting Public Utility Improvements which have been substantially completed within the private community for East Center Phase 3A, Tract No. 2016-02.
Background:
The Tentative Tract Map No. 2016-02 was approved by the City of Los Banos Community Development Department on August 10, 2016 by Resolution No. 2016-40. In March 2018, the Public Works staff was contacted by the developer, Pioneer Development Company, Inc., for Final Map review for East Center Phase 2. In April 2019, the developer split Phase 2 into Phase 2B and Phase 3A. In May 2022, the Public Works staff was contacted by the developer, Pioneer Development Company, Inc., for Final Map acceptance. The City Council adopted the resolution approving the Final Map for East Center Phase 3A with accompanying Subdivision Improvement Agreement on June 1, 2022. In January 2024, Stonefield, Inc. contacted the Public Works Department for acceptance of Public Utility Improvements within the private community at East Center Phase 3A, Tract No. 2016-02. All other infrastructure outside of public utilities will be maintained by the community's HOA.
271
Discussi
The subject site is generally located within the area bounded by Center Ave to the west, Pioneer Road to the south, Gus Villalta Drive to the east, more specifically identified as APN.431-270-012 and 431-270-014. The applicant is Pioneer Development Company, Inc. The map consists of 85 single family lots on 16.43.:!:. acres. This Final Map is in substantial compliance with Tentative Subdivision Map No. 2016-01 .
Fiscal Impact:
All public utility improvements within the private community for East Center, Phase 3A have been completed by the Developer. A Maintenance Bond in the amount of $37,897.00 shall remain on file with the City of Los Banos for a minimum of one year after the acceptance of public improvements. All other required processing, development, plan check and inspection fees to date have been paid.
Reviewed by:
Attachments:
Resolution
Site Map
Recorded Final Map
Brent Kuhn, Interim Finance Director
Subdivision Improvement Agreement for East Center Phase 3A Exhibit A Original Engineers Estimate
Exhibit B Conditions of Approval
Updated Cost Estimate Reflecting Public Utility Improvements Only 272
RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS ACCEPTING PUBLIC UTILITY
IMPROVEMENTS WITHIN THE PRIVATE
COMMUNITY FOR EAST CENTER PHASE 3A
WHEREAS, the City Council of the City of Los Banos has received a request from the developers of East Center Phase 3A that Public Utility Improvements within the private community for East Center Phase 3A be accepted by the City of Los Banos. All other infrastructure outside of public utilities will be maintained by the community's Homeowner Association; and
WHEREAS, the City Council of the City of Los Banos has reviewed said request and finds that the Public Utility Improvements of said project are in a position to be accepted by the City of Los Banos.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos that does hereby accept the Public Utility Improvements within the private community for East Center Phase 3A as presented.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 21 st day of February 2024 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
273
SITE MAP FOR EAST CENTER PHASE 3A
274
OWNER'S STATEMENT WE, THE LNDERSIGNEO, DO HEREBY STATE TiiATWE "iRETHE OWNERS OR HAVE SOME RIGHT, TITLEOA INTEREST OF RECORD IN THE LAND SHOWN ON THIS MAP AND WE CONSENT TO THE PREPARATION ANO AECORO-.TION OF lHlS FINAL MAP
WE ALSO HEREBY OFFER AN IRREVOCABLE DEOICATION TO THE CITY OF LOS BMOS IN FEE FOR PUBLIC USE THE FOLLOWING STREET RIGHTS-OF•WAV AS SHOWN ON THIS flN"-L MAP
THE Z!:I WIDENING OF RIGHT OF WAY OF CfNTER AVENUE, FALABCOAVENUE, MASTRANGELO STREET, PINEUI DRIVE, ROT ANDA RO STREET, SORBO COURT AND SORBO STREET WITHIN THE 80UNCMRV OF THIS FINAi. MAP WE ALSO HEAEBY OFFER AS AN IRAEVOCI\BLEDEOICATtON TO THE CflY OF LOS ~hlJS AS AN E'.1iSEMENT FOR PUBLIC USE, ALL PUBLIC UTUTYEA9EMENTS(P.U.E.}ANOTHE 1 FOOTWiOE WALl.EASEMENT (W.E.}AS SHOWN ONTH1S FINAL MAP WE ALSO RELINOUl8H TO THE CITY OF LOS BAN06 ALL AOCESS RIGHTS OF LOTS 238 TiiFIOUGH 241! ANO LOTS 30B THROUGH 312TOANDFROMCEITTERSTREET BHOWNTHUS ~ ONTHISFlNALtdAP
OWNER P~ COl/f>Am,IN<> ,ACAUFOANIACOAPORATION
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NAME &'4 lfos¼ tf,r, IPRIIIT NAME) DATE
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NOTARY STATEMENT
A NOTAfh' PUBtJC OR OTH£R OHlCER COMPLETING THIS CERTn:ATE YERlflES ONLY THE IOEHTITY Of TH[ INDIVIDUAi.
WHO SGNCD TH[ DOCUl,'IENT TO WHICH THIS C[RTIF'OiTE tS ,i,lTACHEO, >-ND NOl THl TRIJTHrtJLNESS, ,iCCURACY OR .._-----~---~~.1~. STATE OF Cel,"" arV\\&..
COUNTY Of~--~ j
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PEASJ:~vmEARED .. ~ lh:t,ttl~ -----·------- ~ {N,',ME OF SIGNERIS)) WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIOENCE TO BE n-lE PERSON(S) WHOSE NAME(S) 18/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT ANO ACKNOWLEDGED TO ME THAT HEISHE/f'HEY EXECUTED THe SAME IN H!SIHEM'HEIA AUTHORIZED CAPACITY(IES), A~ THAT BY HIS/HER/THEIR SIGNATURE(B) ON THI:. INSTRUMENT THE PERSON(S), OR THE ENTITY UPON 8EHALF OF WHICH THE PERSON(S) ACTED, EKECUTED THI: INSTRUMENT.
I CERTIFY UNDER PENALTY Of PERJURY UNDEA THE. LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE ANO CORRECT WITNESS MV HAN □
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COMMISSIONNUMBER· ::23'/-S\,'}S"
COMMISSION EX~AEB. 7t.c.b It I ;l.Q ;tf
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NOTARY STATEMENT (TRUSTEE) ·- -
( DO NOT STAMP)
A NOTAA'l' ~UBLIC OR Ol'H(R OFFICER COMPLETING THtS CERnrn::ATE vtRl~IES ONLY THE ,OENTIT'I' or THE INO!V:l)lM:_ 'N<-!O SK?.£0 lH[ oocu1,1nn TO WHICH TffiS CERTIFICATE 1S ATTACHED, Al'lO NOl THE TRLfTHr,.UJESS ACCURACY OR STATE OF [ •, LNflOr4
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SUSSCRIBEO TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HEJSHE/THEY EXECUTED THE SAME IN tflSIHER/THEIR •UTI-tORIZEO c,PACITYilES), AND OOT BY HIB/HEA/THEIR BIGNATIJAE(S) ON TME IIISTAUMENT THE PE.ASON{S), OR THE ENTITY UPON BSHM.F Of WHICH THE PERSON(S) ACTED, EXECUTED Tl£ INSTRUMENT.
I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OJ= THE STATE OF CALIFORNIA THAT THE FOREGO!NO PARAGRAPH 16 TRUE ANO CORRECT
WITNESS MY HAND
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PRINCIPAL OFFICE LOCATION (COUIITY): m 0,IZ( E':Z,
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Recorded Final Ma
TRACT NO. 2016-01
EAST CENTER, PHASE 3A
BEING A SUBDIVISION OF LOT G OF TRACT NO, 201 S-01, EAST CENTER, PHASE 1, FILED IN VOLUME 80 OF OFFICIAL PLATS,
PAGES 29-35, MERCED COUNTY RECORDS, LYING IN THE
SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 10 SOUTH,
RANGE 10 EAST, MOUNT DIABLO BASE AND MERIDIAN
CITY OF LOS BANOS, MERCED COUNTY, CALIFORNIA
JANUARY 2022
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PLANNING COMMISSION STATEMENT:
' r
I, STACY SOUZA ELMS, COMMUNITY & ECONOMIC DE.'vE.LOPMENT DIRECTOR FOR THE C1TV OF LOS BANOS.
DO HEREBY STATE THAT !HAVE EXAMINED THIS FINAL MAP OF"TAACT NO. 2016-01, EAST CENTER, PHASE3A", ANO THAT THE SUBDMBION IS SUBSTANTIALLY THE 8ME "8 THAT SHOWN ONT HE VESTING TENTATIVE MAP APPROVED BVTHE CITY PLANNINGCOMMISStONONTHE 1STDAV OFMAV,2017. '-N llt-',Tll-118 FINAL MAP OF 'TRACT NO 201&-01, EAST CENTER, PHASE 3A•, COMPLIES WITH ALL REQUIREMENTS~ SAID PLANNING
COMMISSION
DATEDTMIS~ DAYOF ::fo(\(, 2022
av~)'.\,({{w; f• soui& El.MS, COMMUNITY. ECONOMIC DEVELOPMENT DIRECTOR
CITY OF LOB BANOS
TRUSTEE STATEMENT
WE, FIOEUTY NATIONAL TlTl..E COMPANY, AS TRUSTEE UNDER THE CERTAIN DEED OF TRUST RECORDED FEBRUARY 7, 2018, AB DOCUMENT NO, 201B-003na AND 2018-003719, AND ANY APPROVED AMENDMENTS THERETO, OFFICIAL RECORDS OF MERCED COUNTY, DO HERl!BY CONSENT TO THE PAE.PARATK)N AND AECORDATION OF THIS FINAL MAP, "TRACT NO, 2018-02, EAST CENTER, PHASE 3A", AN □ JOINS IN AU. □E □tCATION8 THEREON
TRUSTEE: FIOEUTV NATIONAL TrTLE COMPANY
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NAME]) lo11t:H Rneiosm !PRINT NAME)
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SURVEYOR'S STATEMENT lHIS IMP WAS PREPARED BYME OR UNDER t,('( DIRECTIOJll AND IS BASED UPOJ\IAAELD SURVEY IN CONFORMANCE WrTli THE REOIJIREMENTU OF THE SL.8D1VISJON MAP ACT AND LOCAL ORDINANCE AT THE REQUEST Of PtONEER DEVELOPMEJllT COMPANY IN MAY OF 2018, I HEREBY STATE THAT THIS FINAL MAP SUBSTANTIALLY COM=OAMSTOTHE CON ITK>NAUY APPROVED TENTATIVE MAP I FURTHER STAT£ THAT ALL THE MONUMENTS 81-KJWN HEROON WILL BEOF THE CHARACTER AM) OCCUPY THE P06ITONS INDICATED BEFORE JUNE 30, 2023, THAT SAID MONUMENTS WILL BE SUFFICIENT TO ENABLE THf SURVEY TO BE RETRACED.AND THAT THE SURVEYISTPJ.JEANO COMPLETE A8 BHOWN OATEDTHl6.3J&!~ DAY OF -!Mi--··· ......,.,2022
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CITY ENGINEER'S STATEMENT:
!HEREBY $TATE THATI HAVE EXAMINEDTHIB ANAi. MAP OF "TRA.CTN0.2018-01, EAST CENTER, PHASE.3A•
AND STATE THAT THE SUBDMSION AS SHOWN HEREON IS SUBSTANTIALL VTIE SPME AS IT APPEARED ON THE TENTATIVE MAP, AND ANY APPROVED ALTERATIONS THERE.Of, AND THAT AU PF()V18ION8 OF ANY LOCAL ORDINANCE APPLICABLE AT THE TIME Of APPROVAL OF THE TENTATIVE MAP, If REQl,IIRED, HAVE BEEN COMPLIED WITH.
DATEDTMIS...0.L DAY OF-~ 2022
av -=~-~lt;._.:._ ___ _ SOKNIR1.1t1N I r111,N, R.C.E. 91278
CITY ENGINEER
CITY SURVEYOR'S STATEMENT: I HEREBY STATE THAT I HAVE EXAMINED THIS F-INALMAP ANO IT COMPLIES WITH ALL THE PR0\11810NS OF CHAPTER 2 OF THE CALIFORNIA SUBDMSION MAP ACT. AS AMENDED, AND THAT THIS FINAL MAP IS TE.Ctf.jlCALL V CORRECT
DATEOTHIS.2,5 DAY~ __ ,2022.
BY·~OT:,A..; ,PLB"':,87~1""9 ___ _
REVIEWING CITY SURVEYOR
CITY CLERK'S STATEMENT:
I, LIXILLEL MALLONEE, CITYOF LOS BANOS, STATE OF CALIFORNA, DO HEREBY STATE 11-IAT AT THE REQU~"fi:MEETING OF '5:t~feCOUNCILOF THE.CITVOF L06 BANOS, STATE OF CALIFORNIA, HELD ON THIB 1 DAY OF ,2022, THEACCOMPANYINGFINALMAPOF"TRACTN0. 2016--01 WI CENIE.R, PHASE. 3A", WAS APPROVED ANO ACCEPTED ON BEHALF OF THE PUBLIC FOR PUBLIC USE, THE OFFER Of DEDICATION IN EASEMENT OF ALL PUBLIC IJTILfTY EASEMENTS (P.U.E.) ANO THE 1 FOOT W,'U EASEMeNTS (W.E.), ALL AS SHOWN ON THIS FINAL MAP; ACCEPTED THE OFFER OF DEDICATION IN FEE.
OF 20'WIOENING OF RIGHT OF WAY OF CENTER AVENUE, FALASCOAVENUE,MASTRANGELO STREET, PINEW DAIVE,AOTANDARO STREET,SORBOCOURT ANOSORSOSTREE.TWITHIN THE. BOUNDARY OFTHIS FINALMAP, ALL AB SHOWN ON THIS FINAi. MAP; ANO ACCEPTED THE RELINQUISHMENT OF ACCESS RIGHTS OF LOTS 238 THROUGH 242 ANO LOTS 308 THROUGH 312 TO AN□ FROM CENTER STREET PS SHOWN ON :::; ,l:::T;::UBJ: :~PTA~E ~IMPFPVEMENTS.
BY ~ 'f:.~-- 1.IDLlE L MALLONEE, crrv CLERK
CITY OF LOB 11,\NOS
RECORDER'S STATEMENT
FILEDTHIS _ _'3_0AYOf ~. , 2022,AT{L,:,,{° O'CLOCK,,1M INVOLUME...& OF OFFICIAL PlATS, ,r PAGES .JJ...:.$__, ,r TME REQUEST Of DYlAN CAAWFOAO.
FEE$~
DOOUMENTNO. ale??-- ou'l..2;1!_
=·;:;rRECOROER
MERCED COUNTY, CALIFORNIA BY
VOL 'Bk, PAGE __ r1.__ SHEET 1 OF 5
275
NOTES
1. THIS SUBDIVIBION CONTAINS A TOT Al Of 18.430 ACRES, MORE OR LESS.
2. ALL OISTMICES SHOWN HeFIEON ARE GROUND DISTANCES, Mll.TIPL Y DISTANCES BHOWN BV 0,999999004 TO GET ORIO DISTANCES (AVERAGE COMBINED FACTOR FOR OPS MCHUMENTS 1024 AND 1025 PER R-3),
3. ALL DISTANCES ARE MEASURED UM.ESB OTHl:AWtSE NOTED
4. DISTANCES ANO DIMENSIONS ARE SI-OWN IN FEET AND DECIMALS THEREOF. 5 {A·1) AND (R·2) REFERENCES ARE FOR DISTAt£E ONL V
LINETASLE LINE TABLE
-REF DIRECTION
S89°41'4D"E
80'07'DO'W
-~-- __ ,._ - 520,00' (Mi(R-4) S89"42'10"E
'54'W '9.36' (M)IR·IKll-2)(11-4) L15 S0'1T60"W
-,O"W~1(Mll~I • __ l16 N89"42'10"W
21,.00 (M!IR-1KR-41 L17 S0'17'50'W
103.00 (M}IR•1)(R-4) L16 889"42'10"E
~"" (M)(Rs11(R-4) L19 S0'17'50"W
'"·"" (M)(Rsl)(R-4) "" N89"42'1D'W
(M)(R·1KR-4) L21 N0"22'01"E
~· I IMKR·1l{R-4) i
CUAVE TABLE
RADIUS DELTA LENGTH I REFERENCE
Cl 51,00' 20°33'30' 23.84' (M~Rs1)(R-4)
BASIS OF BEARINGS
NS9"39'48"E BEIOO THE BEARING OF 'THE LINE BETWEEN MERCED COUNTY OPS!OIS 1024 AND MERCED COUNTY GPSJl.llS 1025 (R-3). BEARINGS AND DISTANCES ARE BASED UPON CALIFORNIA COORDINATE SYSTEM 20Nf Ill NAO 83.
LENGTH
14125'
187,69'
29,78"
100.00'
3.13'
147.00'
32.49'
100.00'
1080.45'
783.10'
/
~//
,..
REF
(M)(R-1)(R-4)
(MKR-41
(MKR-4)
IMKR-4)
(MKR-4)
(M)(R-4)
(MJ(R-4)
IMKR-4)
(M)(R 4)
(M)(R·1IIR-4)
/I
ij
I
SIGNATURE OMISSIONS:
PURSUANT TO SECTION 66438 OF THE CAUFOR,...A SU0DIVISION Mit.P ACT, THE SIGNATURE$ Of THE FOLL-OWING PARTIEi HAVE BEEN OMITTED·
1 CENlRAL CALIFORNIA IRRIGAi10N DISTRICT, CANALS AND DITCHES· BOOK P OF DEEDS, PAGE 280, MCR 2, ESTATE OF FAAM<JACfNTO MELLO, RIGHT OFl/'f3AESSANO EGRESS, BOOK t668, PAGE 542 OF DFFICW. RECORDS, MCA 3 TED E AND JOYCE E MEZA, DRIVEWAY, INGRESS ANO EGREBB, BOOK 3204, PAGE 75. OF OFFICIAL RECORDS, MCR r----..\ ~ 13i!e!i --®
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EAST CENTER, PHASE 3A
BEING A SUBDIVISION OF LOT G OF TRACT NO. 2016·01, EAST CENTER, PHASE 1, FILED IN VOLUME 80 OF OFFICIAL PLATS,
PAGES 29-35, MERCED COUNTY RECORDS, LYING IN THE
SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 10 SOUTH,
RANGE 10 EAST, MOUNT DIABLO BASE AND MERIDIAN
CITY OF LOS BANOS, MERCED COUNTY, CALIFORNIA
JANUARY 2022
..-DELL
ENGlNEERlNG
1185 Scenic Drive, Sult& A
M~ato, CA 95360
Ph 2119.571.1765 odellenglnaerlng.com
REFERENCED RECORD DOCUMENTS lAE~CED COUNTY RECORD5
(R- :)
(R-2)
(R-3)
(R-4)
(R-5)
VOLUME 44 OFSU?VEVS PAGES 3-·4, t..\.C R
VQLUJ,,IE 113 OF' PARCEL 1.4APS, PAGES 12-13. 1.4 C.R
VOLUME 28 OF SURVEYS PAGES 9-t2, M.C R.
VOLUME 80 Of OFflt!AL PLATS, PAGES 29-35, MC R
VOLUME 82 OF OfFIC!AL PLATS, PAGES 25- 29, M.C R
LEGEND
RESOLVED BOUNDARY LINE
CENTERLINE ---- ---- ---- --
777777777 7 7 7 7 7? 7? 7 7T77 7 7 7? J 7,,
RESTRICTED ACCESS
CITY LIMITS LINE
; I ! o, I : , J '. c~ OF LOS 8AN'?5 : _:::~ ~,,c .s , ! r ·~.:; ~ !1i, .._ II'' I
~Ii 1t :""
~ I ,'ii I
... j I S,W. CORNER, SECTION a, : '11
MONIMENTWELL,lr«>STAMP _ __; ,
',,
~ ~
I/ F02"1PW1THCAPPERIR-11&1R•2)1N !
~~ __ PIONEER RQAIL _______ - 'i: ' /
GPS STATION 1024 . FD 2' 018K, RCE 15310
~ PER(R-3)
0 COOR-olNAlEs [R-;--
1 N - 1,838,047.846 1
E c. !)_,-453,911 656 I
0 126 250 500
SCALE: 1"• 250'
(BASIS OF BEARINGS)
f 89"39'48" ·w .. _ 7;4996'(GRID) (7149 97'(M)(R--1) 7149:si:l~(R-2)(GROUND)] --,I-- -----
"'1,""
GPS STATION 1025 FD2"0JSK,RCEl531DPER{ff.3) ~'\
- cRID co0Ril1t<Am (R~i\" r N ..- I.838,089.872
E ,... 6,461.061 -499J
VOL :Z.0 PAGE S" . SHEET 2 OF 5
276
MONUMENT NOTES o SETS/4" IC24" IRON PIPEW/PLASTICPLUG"PLS 7188' FOR UNPAVED AREAS OR 1.1r8AASS DISK STAMPED "PLS 778fj FOR CONCRETE AREAS
ABBREVIATIONS
CALC CALCULATED FROM RECORD DOCUMENT
f"D f"OUND
JP IRON PIPE~CtA.METER NOTED
REFERENCED RECORD DOCUMENTS MERCED COUNTY RECORDS
VOLUME 44 OF SURl/(YS, PAGES 3-4, MC R
TRACT NO. 2016-01
EAST CENTER, PHASE 3A
@ SET 314" ,c 24" IRON PIPE WJ PLASTIC PUJG "PLS 77Blr JN MONUMENT WELl 1 SET 314" IC 24" IRON PIPE WI Pl.ASTIC Pl.I.Jct, "PlS 7788" FOR AU. FA0NT AM) ~£AA LOT CORNEAS (UNLESS OTHERWISE fok>TED)
o SET 5.00' WITNESS COR~R, UNLESSOTWERWISE NOTED, MEAflUAEO ALONG LOT LINe, RADIAL LWE OR PERPENDICULAR lO STREET CSNT!RUNE AS NOTEO 314";,,: 24" IRON PIPE WI PLASTIC PUIG "PLS 778!" o 314" IRON PIPE TAGGED "PL6 77811" SET PER (A.◄)
3J'. 314" 1124" IRON PIPE W/ PLASTIC PWG "PLS 7788" IN MONUMENT WELl SET PER tR◄) @ FOUND MONI.NENT AS NOTED IN MONUMENT WELL
(M) MEASURED DISTANCE
OP OfflCIAL PLATS
PM PARCEL MAP
P U.E PU8UC UTILITY EASEMENT
Rf REFERENCED RECORD OOCU"4ENT
(R) RADIAL BEARING MCR 1.AERCED COUNTY RECORDS
S F SQUARE F Etl
W.E WALL EASEMENT
(R-1)
(R-2)
~R~ 3)
(R-4)
(R 5)
VOLUME 113 or PARCEL MAPS, PAGES 12-D, ',AC R
VOLUME 28 OF" SUflVEYS, PAGE'S 9-12, M.C R
VOLUME 8D Of' OFHCIAI. PLATS. PAGES 29-J5 M.C R
VOLUME 82 Of" OFF"iCIAL PLATS. PAGES 25-29, MC R
BEING A SUBDIVISION OF LOT G OF TRACT NO. 2016-01, EAST CENTER, PHASE 1, FILED IN VOLUME 80 OF OFFICIAL PLATS,
PAGES 29-35, MERCED COUNTY RECORDS, LYING IN THE
SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 10 SOUTH,
RANGE 10 EAST, MOUNT DIABLO BASE AND MERIDIAN
CITY OF LOS BANOS, MERCED COUNTY, CALIFORNIA JANUARY 2022 SEE SHEET 5 FOR CURVE, LINE AND RADIAL LINE TABLES ELL • F0UN03/4" IRON PIPE TAOOED~LS nss• PER {R-1), UNLESS OTHERWISE Narell SEE DETAILS -ENGlN-E-E-RlNG I' FOUND 314' IRON PIPE TAGGED '1'LS ma• PER {R·5> SHEET 4 /
~ SHEET 4 SEE DETAIL A r SHEET4 -\
1166 Boenlo Otlvo, Sulto A Modolto, CA 95350
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\ ,_ - FD2'iPV.,THCAPPfR{R-1)l{R-2}1N PIONEER ROAD VOL ~~ PAGE V @- MONLIMENTWELL,NOSTAMP _ --====-~~-~-=~ --- --- - T
I
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SHEET 3 OF 5
277
\/
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FD314· IP PEA(R-1)I(R-2)1N
MONUMENT WEll, NO TAO
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NAP
TRACT NO. 2016-01
EAST CENTER, PHASE 3A
BEING A SUBDIVISION OF LOT G OF TRACT NO. 2016-01, EAST CENTER, PHASE 1, FILED IN VOLUME 80 OF OFFICIAL PLATS,
PAGES 29-35, MERCED COUNTY RECORDS, LYING IN THE
SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 10 SOUTH,
RANGE 10 EAST, MOUNT DIABLO BASE AND MERIDIAN
CITY OF LOS BANOS, MERCED COUNTY, CALIFORNIA
JANUARY 2022
,..DELL
ENG1 NEERl Nu
1 iae Beanie Drive. Butte A
Modea1o, CA 96350
Pb 209.571 1716 ~lne•rtng.com
REFERENCED RECORD DOCUMENTS MERCED COUNT'! RECORDS
(R-1)
(R-2)
(R-3)
(R-4)
(R-5)
VOLUME 44 OF SURVEYS PACES 3- '1 , MC R
VOLUME HJ Of PARCEL MAPS, PAGES 12-13 MC R
VOLUME 2B OF SURVEYS, PAGES 9- i2, M C.R
VOLUME 80 OF OFf'IC!Al. PLATS, PAGES 29-35, MC R
VOLUME 82 OF OFFICIAL P!AlS, PAGES 25-29, M,C R
MONUMENT NOTES o SET3/-4" i24"1RON PIPEW/PLASTICPLUG"PLS 77P£"FOA UNPAVED AREAS OR t.17"BRASS DISX STAMPED "PLS naa· FOR CONCRETE AREAS
@ SET 314" x 24" IRON PIPE W/ Pt:ASTICPLUG"fl8 77i!P/IN MONUMENT WELL T SET J.1.4" x 2-4" IRON PIPE W/ PLA$TICPLOO "f'LS 7788" FOR All FRONT AND REAR LOT CORNERS (UNLESS OTHERWISE NOTE~
e SET 5.00' WITNESSCORNER,UNLESSOTHERWlSE NOTED, MEASURED ALONG LOTUNE, AAOIALLINEOA PERPENDICULAR TO BTREETCENTERUNE AS NOTED 3/4' JC 24" IRON PIPE W/ PLASTIC PLUG "PlS nsa· o 314• IAOM PIPE TAGGED "Pl.8 77SfJ' SET PER (R-4).
:0: 314" JC 2-4" IAON PIPE WI PLASTIC PLUG"PLS 7788" IN MONUMENT WELL SET PER (R-4.), @ FOUND MONUMENT AS NOTED IN MONUMENT WEU
I L
17 ~ ,::,t ~' ROTANDAROSTREE: _ _:.::_ --~
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SHEET 4 OF 5
278
RIGHT TO FARM STATEMENT
PER "11:RCED COUNTY ORDINANCE NJ. 1213
THE PROPERTY bESORIBED ON TJiE HEREON SHOWN MAP IS IN THE VICINITY OF LAND UTILIZED FOR AGRICULTURAL PURPOSES AND RESIDENTS OF THIS PROPERTY MAY BE SUBJECT TO INCONVENIENCE OR DISCOMFORT ARISN3 FROM THE USE OF AGRICULTUAAL CHEMICALS, INCLUDlr-13 BUT NOT LIMITED TO, PESTICIDES ANO FERTILIZERS, NKJ FROM THE PURSUIT OF AGR1CULTURAL OPERATIONS INCLUDING, ev N)T LIMITED TO, PLOWING, SPRAYNl ANO BURNING WHICH !X:CAstONALLV MAV GENERATE DUST, SMOKE, NOISE, AND OOOR.
THE COl.fflY OF MERCED HAS ESTABLISHED AOA!CULTUAE ASA PRIORITY UBE IN AGAnJLTUAAL ZONES WHICH ARE OUTSIDE OF AN ESTABLISHED SPECIFIC UPBAN D£VELOPMENT Pl.AN (SUOP) BOUNOAAY. AURAl RESIDENTIAl CENTER (ARC)
BOUNDAAY, HIGHWAY INTERCHANGE CENTER (HIC) BOUNDARY, OR AGRlClJLTUAAL BERVICEC~TEA(ASC) BOUNDARY, AND RESIDENTS OF PROPER'f'Y IN THE VICINITY OF SOOH AGRICULTURAL ZONES SHOULD BE
PREPARED TO ACCEPT INCONVENIENCE OR OIBCOMFOAT FROM NORMAL, NECESSARY AGRICULTURAL OPERATION6.
uNeTASLE r----cuRVETABLE f cuRverABLE RA0IALBEARIN3S
LINE# I DIRECTION LENGTH CURVEf RADIUS DELTA LENGTH CUR.VEI RADIUS DELTA LEN!3TH UNEi L1 NB9'42'10"W 15.15' C1 23.00' j 4r.!1'31" 1a61' ~ I 86.00' 154'15'35" 231 54' 1{A) - ·- -·-- · ·- IIRI 82""22'5<'E 14(RJ
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TRACT NO. 2016-01
EAST CENTER, PHASE 3A
BEING A SUBDIVISION OF LOT G OF TRACT NO. 2016-01, EAST CENTER, PHASE 1, FILED IN VOLUME 80 OF OFFICIAL PLATS,
PAGES 29-35, MERCED COUN'TY RECORDS, LYING IN THE
SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 10 SOUTH,
RANGE 10 EAST, MOUNT DIABLO BASE AND MERIDIAN
CITY OF LOS BANOS, MERCED COUN'TY, CALIFORNIA JANUARY 2022 "' ELL
ENGlNEE-RlNG
116$ Beanie Dtlve, Suite A
Modesto, CA. 115350
Ph 209.571 1785 adetleng!neerlng.t()m
VOL '12_{, PAGE 3 SHEET 5 OF 5
279
Recording Requested By:
City of Los Banos
And When Recorded Mail to:
Lucille L. Mallonee, City Clerk
City of Los Banos
520 J Street
Los Banos CA 93635
Recorded in Official Records,
MERCED COUNTY
Doc#. 2022024724
06/30/2022 08:19 AM
Space above this line for Recorder's use.
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT made this ~ day of J \N\(" , 2022, between PIONEER DEVELOPMENT COMP ANY, INC., a Califomia Corporation. Parties of the First Part, hereinafter designated and called "DEVELOPER(S)", and the CI1Y OF LOS BANOS, a municipal corporation, the Parties of the Second Part, hereinafter designated and called nc1TYn.
WHEREAS, the DEVELOPER(S) have presented to the CITY a certain Final Map located within the corporate limits of the CITY, and known and described as Tract No.2016-01, East Center Phase 3A, comprised of 85 single family l'esidential lots on approximately 16.43± acres, a copy of which is on file at the City of Los Banos Planning Department and made a part of this AGREEMENT by reference, and said DEVELOPER(S)have requested the CITY to accept the dedications delineated and shown on said Final Map in order that the same may be recorded as required by law; and,
WHEREAS, the CITY requires a condition precedent to the acceptance and approval of said Final Map, the dedication of said easements as are delineated and shown on said Final Map, and deems the same as necessary for public use, and requires and deems as necessary for the public use that any and all street improvements delineated and shown thereon shall be improved by the construction thereon and the installation therein of the improvements hereinafter specified in Paragraph One herein; and,
WHEREAS, certain sections of the Los Banos Municipal Code require the DEVELOPER(S) to enter into this AGREEMENT with the CITY whereby DEVELOPER(S) agree to do, perfonn, and complete the works and matters hereinafter in this AGREEMENT mentioned and set forth in details, within the time hereinafter mentioned, in consideration of the acceptance of the offers of dedication by the CITY; and,
WHEREAS, the City Council of the City of Los Banos has found said Final Map by Resolution No. {p 507 to be in substantial compliance with the designs and Conditions of Approval ofVesting Tentative Tract Map No. 2016-01.
NOW, THEREFORE, in consideration of the acceptance of the offers of dedication of easements, and facilities as shown and delineated on said Final Map, and the approval of said Final Map for filing and recording as provided and required by law, it is mutually agreed and understood by and between DEVELOPER(S) and CITY as follows:
Subdivision Improvement Agreement FM #2016-01
EASTCENTERPHASE3A
280
SUBDIVISION AGREEMENT
I. That the CITY has fixed and does fix the time within which DEVELOPER(S) shall do and perform the work and improvements hereinafter specified and at such time during this period as designated by the Public Works Director/City Engineer of the CITY, but no later than the pt day of June 2024, with the said provision that this time may be extended by consent of the City Council, and that the DEVELOPER(S) will, within the period of time stated herein above in this paragraph stated and fixed, do or cause to be done and pe1formed, the following described work and improvements,(as detailed in attached Exhibit A) all at their own cost and expense, to the satisfaction ofthc Public Works Director/City Engineer in accord with the approved subdivision improvement plans and existing City Policies and adopted Standards, including all costs of inspection, to-wit; IMPROVEMENTS FOR PHASE 3A:
I. SITE PREPERA TJON $ 6,500.00
2. WATER $ 166,200.00
2. SEWER $ 172,810.00
3. STORM DRAIN $ 38,010.00
4. CONCRETE $ 110,955.00
5. PAVEMENT $ 271,145.00
6. ELECTROLIERS $ 30,000.00
7. MISCELLANEOUS $ 6,992.00
TOTAL $ 802,612.00
2. The DEVEi .OPER(S) shall furnish bonding or other fonns of security for the estimated cost of the remaining improvements, agreed to by the CITY for Performance at 100%, $802,612.00 and Labor and Materials at 50%, $401,306.00 and prior to the release of other security, for Warranty and Guarantee at 10% in the amount of$80,261.20. In addition, the DEVELOPER(S) shall provide a bond or other form of security in the amount of$3,500.00 for survey monuments, per §66496 of the Government Code.
3. The DEVELOPER(S) agrees to pay the following fees at the time of signing the AGREEMENT less any amount previously paid and not to exclude pending invoices from outside consulting firms.
ENGINEERING AND INSPECTION FOR EAST CENTER PHASE 3A
5% of Approved Engineer's estimate of$802,612.00
Less: Deposit for Plan Check (Rcc#0l207029)
Less: Payment (Rec#0l 740835)
SUB-TOTAL
FINAL MAP REVIEW
Charges for East Center Phase 3A
Less: Deposit for Map Review (Rec#01617501)
Less: Payment (Rec#0J 740835)
SUB-TOTAL
·subdivision Improvement Agreement 2
$
$
$
$
$
$
40,130.60
(15,081.49)
(25,049.11)
$ 0.00
2,740.79
(2,000.00)
(740.79)
I 0.00
TOTAL $ 0.00
FM#2016-0l
EASTCF.NTERPHASE3A
281
4. In accordance with adopted City Policy, security funds may be released for each category of improvements, as per Engineer's cost estimates for $802,612.00 (attached as Exhibit "A"), as approved by Public Works Director/City Engineer and accepted by the City Council.
5. The DEVELOPER(S) shall install improvements in accordance with the requirements of the City of Los Banos Municipal Code, the Standard Specifications of the City of Los Banos, the approved Subdivision Improvements and Grading Plans and the Conditions of Approval of Vesting Tentative Tract Map No. 2016-01. All public improvements and utilities must be installed prior to occupancy of units.
6. In the event that the DEVELOPER(S) shall damage, destroy, or tear up any existing improvements, DEVELOPER(S) agree to repair or replace such destroyed or damaged improvements at their cost whenever such damage shall occur.
7. Street lights shall be furnished and installed by the DEVELOPER(S). It is solely the DEVELOPER(S) responsibility to coordinate the installation of street lights with the Pacific Gas and Electric Company and pay any and all foes necessary for their installation. At the -time of acceptance, the street lights, including conductors to utility owner splice boxes, shall become the property of the CITY.
8. Any improvements not shown on the approved Improvement Plans which are to be dedicated to the CITY or which are to be placed within the proposed City right-of-way, including mailboxes, private and utility works, shall not be constructed without written approval from the CITY. It shall be the DEVELOPER(S) responsibility to ensure that mailboxes for use by the U.S. Postal Service are available for residents at the time of occupancy; installation to be per plans approved by the Postmaster and the CITY.
9. All earthwork and construction shall meet the requirements and recommendations of the Soils Report, the Amended Soils Report for the Project and the adopted Improvement Standards and Specifications of the City. The DEVELOPER(S) shall, at their expense, provide a Soils Engineer whose responsibility includes the professional inspection and approval concerning the preparation of ground to receive fills, excavation and backfill operations, stability of all finished slopes, and testing for required compaction. Prior to the issuance of structural permits and prior to occupancy release, the Soils Engineer shall certify, in writing, that all earthwork including trench backfill meets the requirements and recommendations of the Soils Report and the adopted Improvement Standards and Specifications of the City.
JO. Neither the CITY nor any of its officers or agents shall be liable to DEVELOPER(S) or their contractors for any error or omission arising out of or in connection with any work to be performed under this AGREEMENT. During the progress of the work, if it becomes necessary to modify the design because of en-ors or omissions on the plans or unforeseen conditions which render a portion of the project inoperable, unsafe, or prohibits a part of the project from perfo1ming satisfactorily in Subdivision Improvement Agreement 3 FM #2016-01
EAST CENTER PHASE 3A
282
the opinion of the CITY, the plans shall be modified in accordance with the recommendations of the CITY. The DEVELOPER(S) shall be responsible for all costs incurred in revising the plans and performing the work in accordance with the modified plans.
11. The Improvement Plans may be modified upon approval by the CITY at no cost to the CITY.
12. The CITY shall not be liable to the DEVELOPER(S) or to any other person, firm, or corporation whatsoever, for any injury or damage that may result to any person or property by or from any cause whatsoever in, on, or about the subdivision of said land covered by this AGREEMENT, or any part thereof,
13. The DEVELOPER(S) hereby release and agree to indemnify and hold the CITY harmless from and against any and all injuries to and deaths of persons and injuries to property, and all claims, demands, costs, loss, damage, and liability, howsoever the same may be caused and whensoever the same may appear, resulting directly or indirectly from the peiformance or nonperformance of any or all work to be done in and upon the street rights-of-way in said subdivision and upon the premises adjacent thereto pursuant to this AGREEMENT, and also from any and all injuries to and deaths of persons and injuries to property or other interests, and all claims, demands, costs, loss, damage, and liability, howsoever the same may be caused and whensoever the same may appear, either directly or indirectly made or suffered by the DEVELOPER(S), the DEVELOPER(S) agents, employees, and subcontractors, while engaged in the performance of said work.
14. The DEVELOPER(S) agree that the use for any purpose and by any persons of any and all of the improvements herein before specified, shall be at the sole and exclusive risk of the DEVELOPER(S) at all times prior to final acceptance by the CITY of the completed improvements.
Thereon and therein; provided, that acceptance by the CITY shall in no way eliminate or lessen any of DEVELOPER(S) obligations and undertakings contained in this AGREEMENT. The issuance of any occupancy permits by the CITY for dwellings located within said subdivision shall not be construed in any manner to constitute an acceptance and approval of any or all of the improvements in said subdivision.
15. It is mutually agreed by the parties hereto that the Public Works Director/City Engineer shall have the right to reject any or all of the work to be performed under this AGREEMENT if such work does not conform with the plans and specifications mentioned herein or the ordinances of the CITY. Reinspection of corrected work shall be at the expense of the DEVELOPER(S). The cost of such reinspection is not included in the Engineering and Inspection Fee described in Paragraph 3 of this AGREEMENT. Any damage to the sewer system, utilities, concrete work, or street paving that occurs after installation shall be repaired by the DEVELOPER(S) to the satisfaction of the Public Works Director/City Engineer by the DEVELOPER(S) before release of bond or final acceptance of completed work.
Subdivision Improvement Agreement 4 FM#2016-0I
EASTCENTERPHASE3A
283
16. DEVELOPER(S) shall provide for adequate erosion control as determined by the Public Works Director/City Engineer on individual lots and from exterior property draining into the area of the subdivision, to protect the public rights-of-way and improvements. Erosion control on individual lots shall continue until such a time as front and street side yard landscaping is installed.
17. Without limiting the foregoing, DEVELOPER(S) warrant and guarantee materials used and workmanship performed on said work for a period of one (I) year after completion and acceptance thereof by the City Council, or the Public Works Director/City Engineer.
18. Upon completion of the improvements, specified herein the DEVELOPER(S) shall file a Notice of Completion with Merced County and submit to the City" As Built" drawings on mylar, of the improvements. The Notice of Completion shall be filed no later than thirty-five (35) days prior to consideration for acceptance of the improvements by the City Council. As pa.it of the request for acceptance of improvements, the DEVELOPER(S) shall submit a title report encompassing each of the parcels within the Subdivision which discloses all liens or claims which may have been recorded in or prior to thirty-one (31) days following the date ofrecordation of the Notice of Completion. If any liens or claims are thus revealed, the DEVELOPER(S) shall either remove the liens and claims and submit an updated title report prior to acceptance of the Subdivision by the CITY, or shall enter into an agreement with the CITY that provides to the satisfaction of the CITY a method for the removal of such liens and claims at no cost to the CITY.
19. It is hereby mutually covenanted and agreed by the parties hereto that DEVELOPER(S) contractors are not agents of the CITY and that the contractors' relations to CITY, if any, are those of independent contractors.
20. That the applicant furnish the CITY with a reproducible 8 1/2" x 11" map of the Final Map of this development prior to issuance of permits.
21. DEVELOPER(S) shall comply with all applicable original or amended Conditions of Approval of Vesting Tentative Tract Map No. 2016-01 prior to acceptance of public improvements or final of any housing units.
22. No work shall commence under the terms of this AGREEMENT prior to all of the following being completed: deposit of improvement security per City Council resolution; issuance of a Subdivision Improvements grading permit other than rough grading and site preparation; and payment of all required development tees.
23. All costs for engineering and inspection services which exceed the 5% fee specified above will be invoiced to the DEVELOPER(S) and must be paid in full prior to acceptance of the subject improvements by the CITY.
24. If construction of improvements has not begun within one (1) year from the date of this AGREEMENT, then prior to commencement of work the Public Works Director/City Engineer shall review the improvement plans and detennine if revisions ru·e required. In any case, a new engineer's Subdivision Improvement Agreement 5 FM#2016-0l
EAST CENTER PHASE 3A
284
cost estimate shall be submitted by the applicant to the Publi~ Works Director/City Engineer. The applicant shall be responsible for any modification to the plans required by the Public Works Director/City Engineer and shall pay all plan check fees plus the difference in inspection fees due based on the new cost estimate.
25. The DEVELOPER(S) acknowledge the requirement to comply with the environmental mitigation measures for Vesting Tentative Tract Map No. 2016-01, and the conditions of approval for said tentative map, (attached herein as Exhibit 'B'), in the development of this Subdivision.
26. The terms of this AGREEMENT are not intended to, nor do they, relieve the DEVELOPER(S) of any conditions of approval, compliance with City Standards or compliance with mitigation measures ofadopted environmental documents, the compliance with which may be placed as a condition of permit issuance or occupancy.
27. Time is of the essence of this AGREEMENT. It is agreed that the provisions of this AGREEMENT shall apply to and bind the heirs, executors, administrators, successo1'S, dcvisees, and assignees of the respective parties hereto.
IN WITNESS WHEREOF, the parties have executed these presents or caused the same to be executed by the officers thereunto duly authorized on the da and y • this AGREEMENT first above written.
ATTEST:
I
Pioneer DevHop ' A Califo • '
Greg Hostetler
President
PARTIES OF THE FIRST PART
CITY OF LOS BA.11,,fOS
ArL;paJ'q;n ~-pl"
l; ,1,;,;11::-( /h,,#1.& -~l,t/
anuel T ,omas Faria III
Mayor
PARTIES OF THE SECOND PART
~~I.~ Lucille L. Mallonee
City Clerk
City of Los Banos
Signatures need to be notarized.
Attach a Notary Acknowledgement.
Subdivision Improvement Agreement 6 FM#2016-01
EAST CENTER PHASE 3A
285
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validi of that document.
State of Ca@>:ia ,. _ J.
County of __..X_ l~Y_ i.:.u:;.. ____________ _,
I
On ~,......,...,__,<++.,.,___.:.+.....,_...._ __ before me, .......,£'-,-:'¥ ....,_-=-......,._._~~ ~"""°...,....~__._,_;..,""'"-...:..;..- C rt name and title of he officer) personally appeared fre. ~· ~ t \ l.£_ Y- - who proved to me on the basis oh ;.~ isfactory evidence to be the person{s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature{s) on the instrument the person(s). or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENAL lY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
Subdivision Improvement Agreement 7
(Seal)
"FMi2~
EAST CENlER PHASE 3A
286
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California ed
County of Mere
On June 3, 2022 before me, Sara Blevins, Notary Public
{insert name and title of the officer)
personally appeared Manuel Thomas Faria III
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity{ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ,5]4J_ ~ ' (Seal)
J .. ::i~::" E I ?; ~ County I ► Commission I 2352517 - My Comm. Expires Mir 21, 2025 287
THIS PAGE IS INTENTIONALLY LEFT BLANK
288
RESOLUTION NO. 6507
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS APPROVING AND
ADOPTING FINAL TRACT MAP NO. 2016-01
EAST CENTER, PHASE 3A AND
ACCOMPANYING SUBDIVISION IMPROVEMENT
AGREEMENT
WHEREAS, there has been submitted to the City Council of the City of Los Banos Tract Map No. 2016-01 East Center, Phase 3A and accompanying Subdivision Improvement Agreement; and
WHEREAS, the single-family residential subdivision consists of 85 lots on 16.43± acres: and
WHEREAS, the Public Works Director/City Engineer has approved the Final Map, the plan check and inspection fees have been paid in full, the City has received all necessary bonds and financial security, and said Final Tract Map has been submitted to the City Council of the City of Los Banos for approval.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Los Banos that it does hereby approve and adopt Final Tract Map No. 2016-01 East Center, Phase 3A and accompanying Subdivision Improvement Agreement for the real property described in Exhibit "A", shown in Exhibit "B~ and authorize recording based upon the following findings:
1. Final Map is in substantial compliance with Tentative Map No. 2016-01.
2. Financial security as required by the Subdivision Improvement Agreement, Subdivision Map Act, and Los Banos Municipal Code has been deposited with the City.
3. All required processing, development, plan check, and inspection fees have been paid.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 1st day of June, 2022, by Council Member Lambert who moved its adoption, which motion was duly seconded by Council Member Jones and the Resolution adopted by the following vote:
AYES:
NOES:
ABSENT:
ATTEST:
Council Members Jones, Lambert, Lewis, Llamas, Mayor Faria None
None
APPROVED:
Lucille L. Mallonee,
~-~ City Clerk
289
EXHIBIT "A"
Legal Description
For APN/ParceJ 10(&): 431-270-012 & 431-270.014
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF LOS BANOS, COUNTY OF MERCED, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS;
TRACT A: APN: 431-270-012 & 431-270.014
Lot G of Tract No. 2016-01, East Center, Phase 1, in the City of Los Banos, County of Merced, State of California, according to the map thereof recorded December 20, 2018 in Book 80, Pages 29 through 35 of Official Plats.
Sub nlee
CL TA Gua111ntee Fonll ND. 14 (06/0S/2014) Page3
Printed: 02.1&.22 @ 09'.ZZ PM
CA-FT-SPS-1·22-FF0M-30121011623
290
1-
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COMr,USSKJlti>O'f!ES: __
PRINCl'.COFF~UlCATIIJH (OOUIIIY): _
NOTARY STATEMENT {TRUSTEE
, NOT ARV PUBUC
( 00 NOT STAMP I
I
A trtQTltRY PIJBUC al OlllR OFFlCEII <XllfUTIHC TltS CEAlllCA'tt 't'ERl'1£S GNl..l Tr£ WJDflff"f OF 'fttE l/'lllNl)I.IAI. '#tO ~ llE DOC\&1ENT TO WlfCH nus CERTflCATE IS IJTl,Ct£0, M;) NOT TH[ lRUMlA.J6S, ...::c1.wcr, OR ---- '~~ .1liiU DOCuuflO. -- - -· ST~TEOf _
OOIJKT'<Of ____ _
ON_ ·- _ _ i.E'F~ME. ___ _ _ __ __ ,J'\HOTAAYPUBUC.
(DATf)
f'ERSONIIU.VAPl'EAAfD ____
1 __ """cif5~---- _. ___ _
WHO PAOVED TD ME ON Tl£ IIA.SISOF SATISf/,CTQRY £'IIDEHCIS T08E TH< PERSON(S) WHOSE NAME(SI """E SUBSCRIBED TC lHE WITHII l'4STRUMENT AND AQCNCPM.EDOEDTO ME THAT HEISl-£ITHEY exECUTal THE.SAME IN ~ERfTHl:fl '6UTHORIZEO CAPACITY(ESt,NtO ltV.T B'I' Hl&t£M1£1\MI-UITUREt5)01'tTHI: "8TRI.MENT ll\la ~ OR THE ENTITY UPON BE""'-1' OfWHICHTHE PEA60N(S) ""1EII, cXEClllEOTHE ""11UE<T, I ta\lTIUNDEA PENAl.TY OF PERJURY UNDER 'THE. LAWS Of THE STATE OFCAUF"O~ lK\T TliE FOFEOO.Na PARAGRAPH <I TRlJEANOCQIIU:CT,
WITNESS M'i HANtl.
pfW,lyr,IAME;
COMMISSJON NUMIIEJt
CONMISSION EJ<PftS:
PlllllClP/11.0FFICISLDCI\TQI ~ ____ _
!£·,21j,Q47 E01I Cenler - PhOk: )\u-,_\ •-N41-H•~PI~~'! . ,NOTARYPLl5UC
I DO NOT STAMP)
Exhibit B
TRACT NO. 2016-01
EAST CENTER, PHASE 3A
BEING A SUBOI\IISION OF LOT G OF TRACT NO, 2016-01, EAST CENTER, PHASE 1, FILED IN VOLUME 80 OF OFFICIAL PLATS,
PAGES 29-35, ME:RCED COUNTY RECORDS, LYING IN THE
SOUTHWEST QUARTER OF SECTION 23, TOWNSHI' 10 SOUTH,
RANGE 10 EAST, MOUNT OIABLO BASE ANO MERIOIAN
CllY OF LOS BANOS, MERCED COUNTY, CALIFOANIA JANUAAY 2022 □•□ ELL -ENGlN-EeRlNG
1165 6c:Mllc DIM, Sub A
ModMto,CA.iSSSO
Ph209.511.176!i odtllangl~
W PACHECO BLVD
__,,,. ~ (HlltY lJ NI> 152,
I , _ L PROJECT I '
SITE ~ - ~---L.--.U," N
,~ ri! ~
g~ -----r
VICINITY MAP
N.T.S .
PLANNING COMMISSION STATEMENT:
(STAC'i !lll!ZAWIS, OOIAl\llf!Y • ECOHONlCDEVa.OPMBltDJRECTOOFOAlHECITYOFLOSBANOO, DOHEJPYSTATE1"'TiHAVl!EXAMINEIITlllSFJW.IMPClf'TIIAC!N0,,.,f-01,EASTCSITER,PHASE~•.
ANPlltATTHl:8tllOIVIION.188UBSTMn\N..l.."11tl&&MEASm.t.TIDo,,NONTHEV8B'IIOTENTA'llV£MAP ld'P~ED BY nte.crrr~ COW.18810N OH THE 1STOA.Y OF MAY, 2';117, N.u TIMTTI-W Al'W. MAP OFi'RACTN0.2'11&01,EA&TCENTER.ptlASE.V.•,COY'11.ES.WfT'H.-U.R011IIBIENTSa:SAIDPI.AtNNG COl,l<ISSCM.
O,.Tl;[)TlilS __ ll>YOF ____ ~ 2022.
BY: STACY SOU'lAEUl8. C0MMUNTY & E:COHOMIC DEVELOPMENT DflECKJA CITY OF lQS llNIOS
TRUSTEE STATEMENT
WE. roEUT't ,.,_TIONAL TITLE COMPANY, AS TRUSTEE 1JNJEA ntE CERTAN DEED OFTRLIST ReCORIJEO FEafllWl1"7, 201~ "8 D0CUMEN1' Mo. ill11-111l$7711 H«l21ll""1Xll78,l,HD N<'f Al'PROVED AMEHDIIEHTS THER'ETD, OFFICIAL FIECORDSCF MERCED COUNTY, DO HEREBV COMSENT101Hi PAEPARATIIJN AHO AECORMTatOFTI-iSSAMLMAP,~H0.21lt0,42,l,J.Sl'CEl({EJ\,PlWi;~•.~i)JOINSt,IALl.
DeDICATIONS THEl!EllN .
l1'USTllo: fllle.lTY ,..TIONAL mLE COllPAM'
ll'f: __
----
ITS:
_IPAINHW,lfJ
TnLEI
Iii.TE
SURVE.Y_OR'S~TAT.!;MENT
THIS I.W' WAS PREPNlEDBYIIEO!\ UIID£11 It/ D\RECTlON AllD <I 8"SEO I/POil A FIElO !IURYEY IN COM='OflMANCE WlfH TIEfiEQUflEMEHIS CF THE BlJBCIVl&CN MAP ACT AHOLOCAI. 0AOINN«:f ATTH,I.
REQUEST OF PIONEER OEVB.OPUENTCOMP'~ ,tlM.V OF 21l1t. I Ha8l"t' STATE lHATTJGBANAL Ir.WI SUBSTAJrmAILY CONFDRMS TO TlE ca,,cma,wi.v APPRO'IIS>TENTATIVE MAP. I FIJRTIEffSTATE'IHAT AU. THE MOHlMENlll SIIO\\f< HEREON WU.BE CJf lltECHI.AACTEI\ IINllOCCIJPV lliE P05ITION6 H)ICl.1£0 BEfORe JUNE :31),Q:I, TH,\T ~0 MOHUMOOS WILL BE 81.JFFJCIEN'Tltl ENABLE TIE SURVEY TD 8E RElRltCEDANOTWIT THE SUll'EY ~ TIIJl! .,.,COIM'LETEAS SHOWN. ~TEOTHIS __ DAYOF _____ , ""'-
ovu.NCAAWFORl>.PJ...S.7718·---
CITY ENGINEER'S STATEMENT:
tt£REBY8TATl:TIIAIIHAYEEXAMNEDTHISFIW.MMJOf-awJTNJ.20\G-0\,1:A5Tcen-m,P\ViSE:3A" ANO SfAlETHA'T 'ttiE~ AB SHOWN HfREQN IS SUBSTAHTWJ.Y 1HE SJ.w:M, IT APPEARED ON THE TENTATIVE IMP, AHO #If N"fRrNED ALTEPaATDNS 11-1:RE.CF, ltlllJ ltMi.T M.L ~OF M« LOC/11.UIOIIWCE.APPl.CABI.EATTIE TNE OF APPROVAL OF TNET6NTAllV'E MAP, IF REOLlRED. HAYE QEENCOfM'I.JeDWITH.
°'lEIITIIS __ llAY0f ____ ~ ""2.
BY:
SOK!tfi>ANTHAH.flC.S.91218
CITYWGINEM
CITY SURVEYOR'S STATEMl;I-.IT: 1 HEREBY STATE THAT I "'YE EXAMNEDTHISfllW.IM!' Nill ITCOMPUESv.ml All. THE PIWJ'IISIClNS OF CHAPTER2 OFTHECILFORHii' SUBDNIS\ONWJI N:r1 NJ MeU0. NtDTiiA1THl8 ~ 1-wi IS TEDOIK:AU. V CORRECT.
ll>TEllTHIS __ Dl,Y0f ____ ,=.
BY: --- -- - --- HAAIIIDER !WlOTI,, PLS 1719 ReVIEWING CITY S1JA\l£Y0R CITY CLERK'S STATEMENT:
1,UICIU.ELMAUONEE.CIJYOFLOSBANOS.STATEOF-CAI.IFOFU«A.DOHBelYSTATE.THATAtTHE REGU.AR MITINJ CFTIE CITY CQJNCll. 0f 11i1! CITYa" LOS EIANOS,STATE OFCNJfORNIA, 'r\ELDOH 1111S __ ll>Y Of ___ ~2'112.1NE.ICCOl<PANVtlGFIH,\1.IIAPOf"IRI.CTN0.201&-0l.
EASTceHIEll.l'HASE3A', WAS APPIIOYED-AllCEPTEll CW lliHAU' 0,flEPIJIILIC l'<J!', PUIIUC USE, THE0ffel0FDED1Co\T10N N EASEIIS<l"OFMLl'IJILI. UTlllY-(P.ll.E.)MDTl{E I FOOT W/lil~(W.E~,ALL.ASS«:>MIOHTICSFIW.Wl';ACOEPTEDTHEMEROFQSJCA.llONINFEe. 0f 211' WlDEIIINGOFIUllHTOf WAY OF CE111S1 AYEl<LIE. FAIMCOAYEHU~ l,WIIIWflS.OstllW, PICEI.U DRI\E,, HOfNilDAFIO STA~. &RIO COOflT IHJ SOiBl &lRfET WRHIH THE BOlNNn' OFTHJS RIW.W,AII.ABSIOMl011TllllF...,_IW>;.INDACC""1tlltlEREUNQU-OFACCE!ISlllllHTS Of L.01S2381HROUGH &12 ANP LOTS Q 'THAOUGH312 TDJ,,HIJ FflOUCEN'TER STREB AS SHOWN Oil THl8F\IW.M.V'.ZSAll,0:ari'NQ::IB'BUeJEC1'10AtiCEPTHG.0FIMPROVcMENTS.
MTEOll1IS __ llAVOF ____ ,ill22
""'·------- WCllLE L llM10NEE, CITYCLEIIK - - - ---- CIIY Of LOS MNOS RECORDER'S STATEMENT FILEDTHl8 __ 1l>Y0F ___ ~ ""2,AT __ O'ClOCl<.._M.INVOLUME __ Of OfflCIAL PLATS,ATPMES ___ ~ ATT',JE REC\E:ST OF Dl'l.AN CRAWFORD, FEEi __ _
00CUIEIITNO.
BAFl:BARALE.YEY,PIECOAOEI\
MERCEDCOIJMTY,CAl.fORNIA
VOL
BY: • "88'$TAHTmPIJTY RECORDER
PAGE SHEET 1 OF 5
291
NOTES
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EAST CENTER, PHASE 3A
aEINO A SUBOIYJSION OF LOT G OF TRACT NO. 2016-01. EAST can:Efl,PHASE 1, ftLEl)IH VOUR,tE&JIOF OFFICIAi.Pi.ATS, PAGES 5-35, MERCEO COUNTY RECORDS.·LYING IN THE
SO\JTHNEST QUARTER OF SECTION 23, TOWNSHIP 10 SOlmf.
RANGe 10·1:AST.MOUNT'OIABLOBASEANDMERIDlAN
CITY OF LOS BANOS,.MERCED COUNTV, CALIFORNIA
JANUARYlllllit2
□.,.,. ~LL
ENGINEef'llNG
Phfllt,171.111& .... ...,._,CA9UIO --··· ~
REFERENCED RECORD DOCUMENTS hiERCED CO\JNlY RECORDS
(R-1) vow..i:.-.orsulNrn, Pl,CE'l >-•. M.C.R.
(R-2) WUJM( IIJ or PARC[L IMPS, PAGfS 12-IJ, 11.C.R.
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VOL PAGE SHEET 2 OF 5
292
MONUt.tENT"l'iOTES O ssr.-x1r~PFEWl'A,AST,::"1.00'PlS'ffllf'FOR\HIA'!/EIJAREASOR1.11"'8iWIBDSKSTMll'EO 1'UlmrlQICONt:I\ElE-,.
ABBREVIATIONS
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TRACT NO. 2016·01
.EAST.CENTER, PHASE 3A
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BEINO,ASUBOll/lSION OF t.oT G'OF 'faAC:r.NO. 2016'0! ,EAST CENl'.EFl,PHASE 1,.AU:I) IN VOLUME ao·OF OFFICIAL PLATS, PAGES 29-SS. MERCEOCOUlflY Rl:CORDS,,I.VING iNTIE
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TIANOEI0EASf.,MOONTOIA8lOBASE.ANIH1ERIDIAN
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TRACT NO. 2016-01
EAST CENTER, PHASE 3A
·BEING-A-6UBDIVl610N OF WT GOFTRACT N0.2016-01, EAST
.CEmER, PHASE l, RI.ED IN VOUJME11D OF OFFICIAL PlATS, ·PAGES 2Wli, MEflCED:COUNTY•R&ORD6, LYING IN THE 80UtHWEST OUARTI:A OF sec:noN !IS, TOWNSHIP 10 801Jllt.
AANOE 1D EAST, MOUNT '°IABLO BASE~ MERIDIAN
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TRACT NO. 2016-01
EAST CENTER, PHASE 3A
BEING A SUBDIVISION OF LDT G Of Tf.lllCT NO. 20111-01, EAST CENTER, PHASE 1, FILED IN .1/0LUME 80 OF OFFICIALPLATS, PAGES 2&·35, MERCED COUNTY RECORDS, LYING IN THE
sountWEST 0UARTER OF SECTION 23, TOWNSHIP 10 SOUTH,
RANGE 10 EAST, M0IJN1' 1>1ABL0 BASE AND MERIDIAN
CITY Of' LOS BANOS. MERCED COUNTY. CAUFORNl,l
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Updated Cost Estimate
ENGINEER'S ESTIMATE -ENG1NE £ ,RlNG
Project name: East Center - Phase 3A, 85 Residential Lots LOS BANOS, CA Project progress stage: City Public Improvements 12/14/2023 ITEM DESCRIPTION UNIT QUANT. UNIT COST AMOUNT
A.WATER
1 8"WATER LF 3,037 $20.00 $60,740.00
2 8"WATERVALVE EA 6 $1,300.00 $7,800.00
3 HYDRANT, BURY & GATE VALVE EA 7 $3,500.00 $24,500.00
4 CONNECT TO EX. 8" WATER EA 2 $1,000.00 $2,000.00
5 CONNECT TO EX. 10" WATER EA 1 $1,000.00 $1 ,000.00
8 6"X8" REDUCER EA 7 $800.00 $5,600.00
7 8"X10" REDUCER EA $810.00 $810.00
8 HOUSE SERVICE INCLUDING METER EA 85 $750.00 $63,750.00 BOX
SUB-TOTAL $166,200.00
B. SANITARY SEWER
1 6" SEWER MAIN LF 1,364 $20.00 $27,280.00
2 8" SEWER MAIN LF 1,273 $23.00 $29,279.00
3 10" SEWER MAIN LF 243 $32.00 $7,776.00
4 STD. SEWER MANHOLE EA 10 $2,400.00 $24,000.00
5 CONNECT TO EX. 8" SEWER EA 1 $700.00 $700.00
6 CONNECT TO EX. 10" SEWER EA $900.00 $900.00
7 STD. LATERAL EA 85 $975.00 $82,875.00
SUB-TOTAL $172.810.00
C. STORM DRAINAGE
1 12" STORM DRAIN LF 90 $25.00 $2,250.00
2 15" STORM DRAIN LF 420 $28.00 $11 ,760.00
3 STD. SO MANHOLE EA 3 $2,400.00 $7,200.00
4 CATCH BASIN EA 6 $2,300.00 $13,800.00
5 CONNECT TO EX. 18" SO EA 3 $1,000.00 $3,000.00
SUB-TOTAL $38,010.00
D. MISCELLANEOUS
1 MONUMENT WELLS EA 6 $325.00 $1 ,950.00
SUB-TOTAL $1,950.00
Construction Total $378,970.00
p:209.571.1765 I f :209.571.2466 PROBABLE COST
1165 Scenic Drive, Suite A, Modesto, CA 95350 I www.odellengineering.com O'Dell Engineering 297
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298
TO:
FROM:
DATE:
LOsBanos , di 10 road cf Califo, nia
Agenda Staff Report
Mayor Paul Llanez and City Council Members
Christy McCammond, Housing Program Manager ,,._
Stacy Souza Elms, Community and Economic Development Director~~ February 21, 2024
TYPE OF REPORT: Agenda Item
SUBJECT: Permanent Local Housing Allocation-Bridge Houses in Los Banos Recommendation:
Adopt a resolution to direct Permanent Local Housing Allocation (PLHA) Formulaic funding towards a contract with Merced Rescue Mission to operate non-congregate, emergency shelter "Bridge Homes" with at least a twenty (20) person capacity within the City limits of Los Banos.
Background:
The City of Los Banos currently has 113 individuals experiencing homelessness. The City currently has approximately 20 emergency/interim shelter beds available through the "Bridge Housing" program funded by the County of Merced and the Merced City and County Continuum of Care (CoC). These beds are available in two different residential rental units rented and operated by the Merced Rescue Mission.
The City has been informed by Merced County that current Merced CoC and Merced County funding dedicated to the Los Banos Bridge Homes will cease effective June 30, 2024.
The Permanent Local Housing Allocation Program is provided pursuant to Senate Bill 2 (SB 2) (Chapter 364, Statutes of 2017). SB 2 established the Fund and authorizes the 1 299
Department to allocate 70 percent of moneys collected and deposited in the Fund, beginning in calendar year 2019, to Local governments for eligible housing and homelessness activities. The intent of the bill is to provide a permanent, ongoing source of funding to Local governments for housing-related projects and programs that assist in addressing the unmet housing needs of their local communities.
On October 9th, 2022, The Los Banos City Council approved Resolution 6570, authorizing the application of PLHA Formulaic funds.
The City was awarded PLHA Formulaic funds and the agreement was signed by the City Manager on June 5, 2023, and became fully executed when California Housing and Community Development Representative, signed on June 6, 2023.
The current financial plan for the City's PLHA Formulaic funds includes renovation of the La Plaza Inn through California's Homekey Program. The State has not yet responded to the City's Homekey application. The City's 2019 PLHA Formulaic funds must be requested by March 1, 2024, or they revert to the State for non-use.
Discussion:
To prevent loss of the City's PLHA Formulaic funding, it is recommended the City change its financial plan to put the PLHA Formulaic funding to mission critical, emergency shelter operations which will end June 30, 2024 unless other funding is identified and designated, due to the County of Merced and CoC funding ending.
California Housing and Community Development agency has approved use of the City's PLHA Formulaic funds for emergency shelter.
Emergency Shelter is an essential element of the City's system response to homelessness. The Bridge Homes have remained at 100% occupancy since May 2023.
Emergency Shelter results in People Experiencing Homelessness to come out of public space encampments and shelter indoors. Participants in emergency shelter are able to stabilize and better participate in case management.
The City has applied for its PLHA Formulaic portions for years 2019-2022 and intends to apply for the full five-year allocation.
The PLHA Formulaic funds for the City of Los Banos are as follows:
2019: $188,184.00
2020: $292,326.00
2021: $289,258.00
2022: $131,824.00
2023: TBA
2 300
To request these funds for use of emergency shelter operations, the California Housing and Community Development must have an executed agreement/contract with an emergency shelter vendor.
Merced Rescue Mission has agreed to the continued operations of the "Bridge Homes" in Los Banos. For the sake of continuity of services, and because of the unique nature of this work, and limited non-profit resources to complete the work, it is recommended to enter into a "Sole Source" contract with Merced Rescue Mission.
Fiscal Impact:
There is no General Fund fiscal impact. As previously stated, PLHA funds are allocated through the California Housing and Community Development (HCD) from SB2.
Staff is requesting a budget amendment to increase expenditures and revenues to the HCD Grant Account. The fiscal impact would be an increase to the HCD expenditure account 296-463-110-231 in fiscal year 2023-2024 for a total of $188,184.00. The HCD revenue account 296-000-334-010 would be increased for fiscal year 2023-2024 for a total of $188,184.00.
In addition, the City is eligible to receive the Administrative portion reimbursable through PLHA Formulaic funding in the amount of $9,409.00, which reimburses the City for staff costs associated with administering the grant program and reporting.
The PLHA Formulaic funds for the City of Los Banos are as follows:
2019: $188,184.00
2020: $292,326.00
2021: $289,258.00
2022: $131,824.00
2023: TBA
Brent Kuhn, Interim Finance Director
Attachments:
1. Resolution
2. Professional Service Agreement
3 301
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302
RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS APPROVING
PROFESSIONAL SERVICES AGREEMENT FOR
EMERGENCY SHELTER SERVICES [MISSION
MERCED INCORPORATED] AND AMENDING
THE 2023-2024 FISCAL YEAR BUDGET AS IT
PERTAINS TO REVENUES AND EXPENDITURES
IN THE CALIFORNIA HOUSING AND
COMMUNITY DEVELOPMENT (HCD) FUNDS.
WHEREAS, the City of Los Banos (City) has been awarded Senate Bill 2, Permanent Local Housing Allocation (PLHA) Formulaic funds for year 2019, through the California Housing and Community Development Agency (HCD) within the City of Los Banos;and
WHEREAS, Mission Merced Incorporated currently operates two emergency shelters in the City of Los Banos with Merced County and Merced City and County Continuum of Care (CoC) funding which expires sometime between current date and June 30, 2024. Shelters are operated in residential homes in the city via rental agreements with local residential property owners, sheltering approximately 19-20 People Experiencing Homelessness each day; and
WHEREAS, in accordance with the City's procurement procedures set forth in Title 3-10.420 (3) (b) of the Los Banos Municipal Code, the City has elected to award a sole source contract to Mission Merced Incorporated who is the vendor currently renting and operating the emergency shelters to meet the emergent need of People Experiencing Homelessness and to continue services without interruption during inclement weather.
The City desires to enter a contract with Mission Merced to render professional emergency shelter services under the terms and conditions set forth in the Agreement attached hereto; and
WHEREAS, the City Council of the City of Los Banos may adjust the overall appropriation levels in each fund at any time during the Fiscal Year by action to amend the budget; and
WHEREAS, the proposed budget increase is $188,184 in revenues in the Housing and Community Development (HCD) fund 296-000-334-01 0; and WHEREAS, the proposed budget increase is $188,184 in expenditures in the HCD fund 296-463-110-231; and
WHEREAS, there will be a reduction of general fund expenditures via administrative grant funds used to reimburse city staff costs; and 1 303
WHEREAS, the Agreement attached hereto has been reviewed and approved by the City Attorney, subject to final approval by HCD of the financial terms of the Agreement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LOS BANOS, DOES HEREBY FIND AND RESOLVE AS FOLLOWS:
1 . The foregoing is true and correct and adopted and material to this Resolution.
2. In making its findings the City Council relied upon and hereby incorporates by reference all of the proposal materials, staff reports and all other related materials.
3. The City Council finds and determines that based upon the factors set forth above, Mission Merced Incorporated is the current operator of emergency shelter services and can continue vital services, without interruption, and will assist in avoiding People Experiencing Homelessness returning to public outdoor spaces.
4. The City Council of the City of Los Banos, does hereby approve and authorize the City Manager or designee to execute the Agreement for Professional Services for Emergency Shelter Services in a form substantially as presented in Exhibit A to this Resolution, subject to final approval by HCD of the financial terms of the Agreement and any non-substantive changes as approved by the City Attorney.
5. The City Council of the City of Los Banos hereby amends the 2023-2024 Fiscal Year Budget to include an increase of$ 188,184 in revenues 296-000-334-010 and $188,184 in expenditures 296-463-110-231 to the HCD fund.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 21st day of February 2024, by Council Member _ _ _____ who moved its adoption, which motion was duly seconded by Council Member _ _ _ ____ and the Resolution adopted by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
Paul Llanez, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
2 304
PROFESSIONAL SERVICES AGREEMENT
EMERGENCY SHELTER AND CASE MANAGEMENT SERVICES
[Mission Merced Incorporated]
THIS Professional Services Agreement ("Agreement") is made and entered into as of the __ day of February 2024, by and between the City of Los Banos, a Municipal Corporation (herein referred to as "City") and MISSION MERCED IN CORPORA TED, a California Non Profit (herein referred to as "Contractor") collectively ('Parties").
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 desires to provide services to meet the social needs of those individuals experiencing homelessness;
C. WHEREAS, Contractor MISSION MERCED IN CORPORA TED, is specially trained, experienced, and competent to perform such services in connection with providing emergency shelter, case management and other services to individuals experiencing homelessness; D. WHEREAS, City has determined that Contractor is qualified by experience and ability to render such services; and
E. WHEREAS, City and Contractor desire to contract for specific services to individuals experiencing homelessness for the City and desire to set forth their rights, duties and obligations in connection with the services to be performed.
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 on :XXXX 2024 and shall terminate on the :XXXXXX 2025, unless terminated earlier as set forth herein. The Agreement may be extended on the same terms and conditions set forth herein for two additional one- year periods upon written notice by City to Contractor 120 days prior to the expiration of the original term or extended term.
2. Scope of Services. Contractor shall diligently perform all the services and deliverables described in Exhibit A attached hereto and incorporated herein by reference.
Notwithstanding services described above, the City may request and Contractor may agree to perform other services. The scope of such other services and compensation shall be agreed to in writing, signed by both parties and shall become a part of this Agreement.
2.1. All professional services shall be performed by Contractor or under Contractor's supervision. All professional services to be provided by Contractor 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 emergency shelter and case management Providers in accordance with sound professional practices.
305
2.2 Contractor acknowledges that City may enter into agreements with other Contractors for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.
3. Time of Performance. Time is of the essence in the performance of services under this Agreement and the services shall be performed to completion in a diligent and timely manner. The failure by Contractor to perform the services in a diligent and timely manner may result in termination of this Agreement by City.
Notwithstanding the foregoing, Contractor shall not be responsible for delays due to causes beyond Contractor's reasonable control. However, in the case of any such delay in the services to be provided, each party hereby agrees to provide notice to the other party so that all delays can be addressed.
4. Compensation. City shall pay Contractor an amount not to exceed $178,775.00 per year for the professional services payable in accordance with Exhibit "D" Budget. Contractor's compensation for all work performed in accordance with this Agreement, including all reimbursable items, shall not exceed $178,775.00 per year without additional authorization from City.
4.1 Contractor shall submit monthly invoices to City for the work performed or expenses incurred during a monthly invoicing period. Contractor's invoices shall include a brief description of the services performed and/or eligible expenses incurred, and the specific Task in the Scope of Services and Budget Exhibit D, to which it relates, and the date the services were performed or expenses were incurred.
4.2 City shall reimburse Contractor only for those costs or expenses specifically approved in advance by City.
4.3 Contractor shall not receive any compensation for Additional Work without the prior written authorization of City. As used herein, "Additional Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement.
5. Contract Administration. The City Manager shall have the authority to act for City under this Agreement. The City Manager or his/her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. Bruce Metcalf shall have the authority to act for Contractor under this Agreement.
6. Project Managers. City shall designate a Project Manager to work directly with Contractor in the performance of this Agreement. Contractor shall designate a Project Manager to work directly with the City in the performance of this Agreement. This Project Manager shall be available to City at all reasonable times during the Agreement term. Contractor has designated Bruce Metcalf to be its Project Manager. Consultant shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be umeasonably withheld.
7. Indemnification. To the fullest extent permitted by law, Contractor 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 Contractor, its officials, officers, employees, subcontractors, Contractors or agents in 306
connection with the performance of the Contractor's Services, under this Agreement, including without limitation the payment of all damages, expert witness fees and attorney's fees and other related costs and expenses. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor, the City, its officials, officers, employees, agents, or volunteers.
8. Insurance. Without limiting Contractor's indemnification of City, and upon execution of this Agreement.,_ Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City.
A. Certificates o(Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by the City Attorney prior to commencement of performance or issuance of any permit.
Current certification of insurance shall be kept on file with City at all times during the term of this 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. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
Proof of Workers' Compensation is not required if Contractor provides written verification that Contractor has no employees.
ii. General Liability Coverage. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Contractor's general liability policies shall be primary and non-contributory, and be endorsed using Insurance Services Office form CG 20 10 to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. m. Automobile Liability Coverage. Contractor shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than one million dollars ($1,000,000) per accident. If Contractor owns no vehicles, this requirement may be met through a non-owned auto endorsement to the CGL policy.
E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language:
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i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Contractor.
ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to City. Any insurance maintained by City, including any self-insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. 111. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits ofliability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers.
v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non-payment of premium) written notice has been received by City.
8.1. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Contractor may be held responsible for payments of damages to persons or property.
8.2 Contractor shall not allow any subcontractors 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 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 Contractor, City may approve different scopes or minimum limits of insurance for particular subcontractors.
9. Nondiscrimination. In the performing of this Agreement, Contractor shall not discriminate against any subcontractor, employee or applicant for employment because ofrace, 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 Contractor on an independent contractor basis and Contractor is not an agent or employee of City. The manner and means of conducting the work are under the control of Contractor, 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 Contractor or any of Contractor's employees or agents, to be the agents or employees of City. Contractor shall have the responsibility for and control over the means of performing the work, provided that Contractor is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the services. 308
10.1 The Contractor 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 Contractor or any other person performing services under this Agreement. Contractor 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.
Contractor agrees to indemnify and hold City harmless from any claims, costs, losses, fees, penalties, interest, or damages suffered by City as a result of any claim by any person or entity contrary to the provisions of this Section 10.
11. Ownership of Content. All content, and materials of any and every type prepared by the Contractor pursuant to this Agreement shall be the property of the City. Such content shall include but not be limited to all, electronic media furnished or prepared or accumulated by the Contractor in performing work under this Agreement, whether completed or in process.
12. Confidentiality. All City information disclosed to Contractor 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.
13. Access to Records. Contractor shall maintain all records, relating to work performed for City under this Agreement on file for at least three (3) years following the date of final payment to Contractor 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 Contractor's usual and customary business hours. Contractor shall provide proper facilities to City's representative( s) for access and inspection. Contractor 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.
14. Conflict of Interest. The Contractor 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.
If subject to the Act, Contractor 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.
Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section.
Contractor represents that neither Contractor, 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.
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15. 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. Contractor may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Contractor's sole cost and expense.
16. Compliance with Laws, Rules, Regulations. Contractor 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 (See Exhibit "E" and "F"). Contractor 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 Contractor's performance under this Agreement.
17. Integration; Amendment. This Agreement represents the entire understanding of City and Contractor 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.
18. Severability. 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.
19. WaiverNaliditv. Contractor 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.
20. Jurisdiction. City and Contractor 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.
21. Notice. Any notices required to be given pursuant to this Agreement shall be deemed to have been given by their deposit, postage prepaid, in the United States Postal Service, addressed to the parties as follows:
To City:
City of Los Banos
520 J Street
Los Banos, California 93635
Attn: Christy McCammond
To Contractor:
Mission Merced Incorporated
644 W. 20th St.
Merced, CA 95340
Attn: Bruce Metcalf
Nothing hereinabove shall prevent either City or Contractor from personally delivering any such notices 310
to the other.
22. 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 Contractor. In the event of such termination, Contractor shall immediately stop rendering services under this Agreement unless directed otherwise by the City. In the event of such termination, Contractor shall be entitled to compensation for all services rendered and work performed for City to the date of such termination.
Exhibits
The following exhibits are specifically incorporated by reference, attached hereto, and made a part hereof, except when in conflict with this Agreement or modified herein:
Exhibit A: Scope of Services
Exhibit B: Permanent Local Housing Allocation (PLHA) Guidelines Exhibit C: Measurable Outcomes
Exhibit D: Budget
Exhibit E: Assurance of Compliance Non-Discrimination in State and Federal Programs Exhibit F: HIP AA Business Associate Agreement
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates set forth below.
Date: _ _ ___ __, 2024
Date: _ ____ __, 2024
MISSION MERCED INCORPORATED
by: Bruce Metcalf
Mission Merced Incorporated
by: Josh Pinheiro,
City Manager
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ATTEST:
CITY CLERK
Lucille L. Mallonee, City Clerk
APPROVED AS TO FORM:
William A. Vaughn
City Attorney
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EXHIBIT A
Scope of Services- Los Banos Emergency Shelter-Bridge Housing Bridge Housing is a model of Low Barrier, Emergency Shelter which connects participants to service enriched programs intended to quickly bring individuals experiencing homelessness off the streets and help them rebuild their lives. Bridge Housing utilizes single-family residences as mini-navigation centers for individuals experiencing homelessness. Each Bridge House expands available shelter beds, typically by one (1) to two (2) beds per bedroom.
Contractor's services include, but are not limited to, the following:
1. Provide a minimum of two (2) Bridge Housing units with no less than a twenty (20) bed capacity over the two (2) units.
1.1. These beds will be made available for adult (ages eighteen (18) and older) Participants who are experiencing homelessness within the Los Banos City Limits, in accordance with all federal, state, and local laws, referred to Contractor by the City or its designees.
1.2.City must be notified, with a solution to remedy, if any home reaches a fifty percent (50%) vacancy rate. Utilization rate will be shared with City weekly.
2. Provide twenty-four (24) hours per day, seven (7) days per week onsite supervision and eight (8) hours per day, five (5) days per week service coordination to help participants stabilize their lives and move into permanent housing.
2.1. These services will include case management and peer navigation to connect individuals to income, public benefits, health services, shelter and permanent housing.
3. Bridge Homes shall be "Low Barrier'' Emergency Shelters and as such, allow Participant's partners, possessions, and pets as allowed by local City ordinances and any applicable law. Contractor will work with the City to identify solutions for any barriers which limit participation by City residents experiencing homelessness in the Bridge Housing program including the participant's partners, pets, and possessions.
4. Contractor will accept referrals from outreach and engagement teams, local government offices, and community based organizations.
5. Establish a City-approved referral and billing process for the utilization of Bridge Housing beds and services. This must be established prior to accepting Participant.
6. Housing-related activities including but not limited to, emergency shelter, rapid rehousing, rental assistance, transitional housing, and permanent support housing must be in compliance or otherwise aligned with Housing First Principles, pursuant to Welfare and Institution Code Section 8255(b) and Harm Reduction Principles, as defined by the Substance Abuse and Mental Health Services Administration (SAMHSA). 314
7. Participate in the monthly Merced City and City Continuum of Care (CoC) meetings.
8. Maintain a CoC General Membership throughout the duration of the Agreement.
9. Provide on-site services for participants which include:
9.1.Laundry services at one (1) load per week, per
Participant;
9.2.Meals at three (3) meals per Participant, per day;
9.3.Janitorial; and
9.3.Possessions storage
9.4. Internet access
10. Ensure peer navigators and/or service coordinators establish trusting relationships with Participants and their families while providing general support and encouragement.
11. Document and track Participant's progress and challenges in attaining permanent housing including, but not limited to:
11.1 Complete intakes and referrals, and perform assessments.
11.2. Assist Participants with rental, employment and other applications and registration forms.
11.3 Help Participants connect with transportation resources and provide appointment reminders.
11.4 Accompany Participants to appointments.
11.5 Create a Case Management Plan to establish and achieve goals identified by Participant with comprehensive assessments.
11.6 Ensure Participants are entered into the local Homeless Management Information System (HMIS).
12. Provide monthly reports which includes data in Exhibit "C", Measurable Outcomes.
13. Contractor must provide weekly census report to City consisting of all Bridge homes.
14. Maintain compliance with the requirements set forth in this Agreement.
15. Request approval from City prior to signing any agreement with a subcontractor for Participant wraparound services and submit a specific plan for monitoring the subcontractor's performance.
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16. Contractor shall comply with all laws and regulations set forth in the Permanent Local Housing Allocation guidelines as described in Exhibit "B".
17. Contractor shall notify City of any change to the Contractor's rental agreements for the Bridge Houses.
Budget Revisions
1 . Contractor may submit proposed budget revisions. The City will review all proposed budget revisions and at its sole discretion, grant or deny budget revisions.
1.1.Should an emergency situation arise which requires a budget revision outside of these timelines, City will evaluate each situation individually to determine if revision will be allowed.
2. When submitting budget revisions, Contractor is to include the following:
2.1.Cover letter which explains the revisions being requested and justification for the revisions.
2.2.Revised budget including columns for Original Budget, Requested Revision, and Revised Budget with balanced budgets and clear detail of the revisions or line items being moved.
3. City will review each request to determine if the revision is consistent with approved activities and funding source. Once review is completed, City will notify the Contractor if revision is approved or denied.
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EXHIBITB
Permanent Local Housing Allocation Guidelines
Permanent Local Housing Allocation Final Guidelines
Gavin Newsom, Governor State
of California
Alexis Podesta, Secretary
Business, Consumer Services and Housing Agency
Douglas R. McCauley, Acting Director
California Department of Housing and Community Development 2020 West El Camino Avenue, Suite 150 Sacramento, CA
95833
October 2019
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The matters set forth herein are regulatory mandates, and are adopted in accordance with the authorities set forth below:
Quasi-legislative regulations ... have the dignity of statutes ... [and] ... delegation of legislative authority includes the power to elaborate the meaning of key statutory terms ...
Ramirez v. Yosemite Water Co., 20 Cal. 4th 785, 800 (1999) In consultation with stakeholders, the California Department of Housing and Community Development (Department) may adopt Guidelines to implement this Section, including determining allocation methodologies. Any guideline, rule, policy, or standard of general application employed by the Department in implementing this chapter shall not be subject to the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Title 2 Government Code, Part 1 of Division 3).
NOTE: Authority Cited: Health and Safety Code Section 50470, subdivision (d).
The Department reserves the right, at its sole discretion, to suspend or amend the provisions of these Guidelines, including, but not limited to, grant award amounts.
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INTRODUCTION
Chapter 364, Statutes of 2017 (SB 2, Atkins) was part of a 15-bill housing package aimed at addressing the state's housing shortage and high housing costs. Specifically, it establishes a permanent source of funding intended to increase the affordable housing stock in California. The revenue from SB 2 will vary from year to year, as revenue is dependent on real estate transactions with fluctuating activity. The legislation directs the California Department of Housing and Community Development (Department) to use
70 percent of the revenue collected, beginning in calendar year 2019, to provide financial assistance to local governments for eligible housing-related projects and programs to assist in addressing the unmet housing needs of their local communities. This program is hereafter referred to as the Permanent Local Housing Allocation (PLHA) program.
Guidelines for the PLHA program are organized into five Articles as follows:
Article I. General provisions: This article includes information on the purpose of the Guidelines, program objectives, and definitions used throughout the document.
Article II. Program funding: This article describes allocation formulas and methodologies, and award amounts.
Article III. Formula allocation component: This article describes the requirements for Applicants to apply for funds under the formula allocation of the PLHA program.
Article IV. Competitive allocation component: This article describes requirements and uses for PLHA competitive allocation funds.
Article V. Administration: This article describes administrative functions such as terms, nonperformance remedies, and reporting and monitoring requirements.
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Permanent Local Housing Allocation (PLHA) Program: 2019 Guidelines
Table of Contents
ARTICLE I. GENERAL PROVISIONS
Section 100. Purpose and Scope
Section 101. Definitions
ARTICLE II. PROGRAM FUNDING
Section 200. Allocations
Section 201. Award Amounts
ARTICLE Ill. FORMULA ALLOCATION COMPONENT
Section 300. Eligible Applicants
Section 301. Eligible Activities
Section 302. Threshold Requirements
Section 303. Application Review
Section 304. Deadlines and Funding Requirements
ARTICLE IV. COMPETITIVE ALLOCATION COMPONENT
Section 400. Eligible Applicants
Section 401. Eligible Activities
Section 402. Threshold Requirements
Section 403. Selection Criteria
Section 404. Application Review
Section 405. Deadlines and Funding Requirements
ARTICLE V. ADMINISTRATION
Section 500. Accounting Records
Section 501. Audits/Monitoring of Project Files
Section 502. Cancellation and Termination
Section 503. Reporting
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9 10
11 11
12 13
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23 24
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ARTICLE I. GENERAL PROVISIONS
Section 100. Purpose and Scope
(a) These Guidelines (hereinafter "Guidelines") implement, interpret, and make specific Chapter 364, Statutes of 2017 (SB 2, Atkins - hereinafter "SB 2") as authorized by Health and Safety Code (HSC) Section 50470, which created the Building Homes and Jobs Trust Fund and the PLHA program. The principal goal of this program is to make funding available to eligible local governments in California for housing-related projects and programs that assist in addressing the unmet housing needs of their local communities. Twenty percent of the funding in the Building Homes and Jobs Trust Fund is required to be expended for Affordable Owner-Occupied Workforce Housing, and the program prioritizes investments that increase the supply of housing to households that are at or below 60 percent of the Area Median Income (AMI), adjusted for household size.
(b) These Guidelines establish terms, conditions, and procedures for local governments to submit applications to the Department for funds from the PLHA program's three components, as listed below:
(1) Entitlement formula component per HSC 50470(b)(2)(B)(i)(I) (2) Non-entitlement formula component per HSC 50470(b)(2)(B)(i)(II) (3) Non-entitlement competitive grant program component per HSC 50470(b)(2)(B)(i)(I) (eligible Applicants are the same as for component 2 above) (c) The non-entitlement competitive grant program component prioritizes assistance to persons experiencing or At risk of homelessness.
NOTE: Authority cited: HSC Section 50470, subdivision (d). Reference cited: HSC Section 50470, subdivision (b )(2)(A), subdivision (b )(2)(B)(i) and subdivision (b )(2)(B)(ii)(I-V).
Section 101. Definitions
All terms not defined below shall, unless their context suggests otherwise, be interpreted in accordance with the meanings of terms described in HSC Section 50470. (a) "Accessory dwelling unit" (ADU) means a dwelling unit which is attached, detached or located within the living area of the existing dwelling or residential dwelling unit and which provides complete independent living facilities for one or more persons pursuant to Government Code (GC) Section 65852.2 and 65852.22. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling. An Accessory dwelling unit also includes the following: an efficiency unit, as defined in Section 17958.1 of the HSC, or a manufactured home, as Department of Housing and Community Development 5 2019 PLHA Final Guidelines 321
defined in Section 18007 of the HSC.
(b) "Activity" means any single eligible undertaking carried out as part of an Applicant's allocation(s) under the Program.
( c) "Affordable" means a housing unit that satisfies at least one of the following criteria:
1. If the unit is being rented to low-income, Very low-income or Extremely low-income households, it complies with the Multifamily Housing Program guidelines Section 7312 and the Section 7301 definition of "Affordable Rent"; or
2. If the unit is being sold, it is offered at an "Affordable housing cost", as published in the Fannie Mae Selling Guide, Part B, Debt to Income Ratios, as updated annually
(https://www.fanniemae.com/content/guide/selling/b3/6/02.html#DTl.20Rat ios), and it complies with the income limits stated in the definitions of Moderate-Income and Lower-Income in this section; or
3. If the unit is being rented to Moderate-Income households, it is available at a gross rent, including a utility allowance, that does not exceed 30 percent of the applicable income eligibility level, and complies with the definition of Moderate-Income in these guidelines
(d) "Affordable Owner-Occupied Workforce Housing" (AOWH) means owner-occupied housing per HSC Section 50092.1 that is affordable to persons and families of low or moderate income, as that term is defined in HSC Section 50093, except in High-cost areas where Moderate-income shall include households earning up to 150 percent of AMI.
(e) "Annual Progress Report" (APR) means the Housing Element APR required by GC Section 65400 on the prior year's activities and due to the Department April 1 of each year.
(f) "Annual Report" means a form issued by the Department and completed by a Local government awarded PLHA funds on which the Local government documents the uses and expenditures of any allocated funds and outcomes achieved. (g) "Applicant" means an eligible Local government applying for the program to administer one or more eligible activities. Applicant also means a Local or Regional Housing Trust Fund delegated by an eligible Local government to apply for the program and administer its allocation in accordance with all program rules.
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(h) "Area Median Income" or "AMI" means the most recent applicable county median family income published by the Department, available at the following link:
http://www.hcd.ca.gov/grants-funding/income-limits/state-and-federal-incomelimits.shtml (i) "At risk of homelessness" means the same as defined in Title 24 Section 578.3 of the Code of Federal Regulations and also includes any household receiving rental assistance funded by the California Emergency Solutions and Housing (CESH) program or the California Homeless Emergency Aid Program (HEAP).
U) "Capitalized Reserve for Services" means the reserve funded by the Local government pursuant to Section 301(a)(5) to address project supportive service budget deficits attributable to shortfalls in service funding sources.
(k) "Comprehensive Housing Affordability Strategy" or "CHAS" means annual data compiled by the United States Census Bureau for the U.S. Department of Housing and Urban Development (HUD) to document the extent of housing problems and housing needs, particularly for low-income households.
(I) "Community Development Block Grant" or "CDBG" means the program created pursuant to Title I of the Housing and Community Development Act of 197 4, 42 U.S.C. 5301 et seq., as amended.
(m) "Department" means the California Department of Housing and Community Development.
(n) "Extremely Low Income" has the meaning set forth in HSC Section 50106, which is a maximum of 30 percent of AMI. Grantees shall utilize income limits issued by the Department at the following link:
http://www.hcd.ca. gov/ grants-funding/income-limits/state-and-federal-incomelimits.shtml. (o) "Fund" means the Building Homes and Jobs Trust Fund pursuant to HSC Section 504 70.
(p) "High-cost area" means those counties defined as high cost by the Federal Housing Finance Agency (at: https://www.fhfa.gov/DataTools/ and those counties for which HUD adjusted the Very low income and low-income rents due to high costs (at:
https://www.huduser.gov/portal/pdrdatas landing.html), as published by the Department in the annual PLHA Notice of Funding Availability.
(q) "Local government" means any city, including a charter city, any county, including a charter county, or a city and county, including a charter city and county.
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(r) "Local Housing Trust Fund" or "Regional Housing Trust Fund" means a public, joint public and private fund or charitable nonprofit organization described in Section 50l(c)(3) of the Internal Revenue Code, which was established by legislation, ordinance, resolution (including nonprofit articles of incorporation), or a public-private partnership organized to receive specific revenue to address local or regional housing needs. (s) "Low or Lower Income" has the meaning set forth in HSC Section 50079.5, which is a maximum of 80 percent of AMI. Grantees shall utilize income limits issued by the Department at the following link:
http://www.hcd.ca.gov/ grants-fundin , income-limits/state-and-federal-incomelimits.shtml. (t) "Moderate-Income" has the meaning set forth in HSC Section 50093, which is a maximum of 120 percent AMI, or in High-cost areas, 150 percent of AMI. Grantees shall utilize income limits issued by the Department at the following link:
http://www.hcd.ca.gov/grants-funding/income-limits/state-and-federal-incomelimits.shtml. (u) "Non-entitlement local government" means a Local government in an area which is not a metropolitan city or part of an urban county, a Local government that, as of September 1, 2017, was an incorporated city with a population of less than 50,000 or a county with an unincorporated area population of less than 200,000 persons which had not entered into a three-year Urban County Cooperation Agreement, or a Local government that was not otherwise entitled to receive CDBG funds directly from HUD. (v) "Operating subsidies" means payments to owners of affordable housing developments that make the housing more affordable by covering a portion of the ongoing costs of operating the development. Such payments would have the same effect as rental assistance.
(w) "Owner-occupied" means a dwelling which is occupied by the owner and includes a single family dwelling or a dwelling unit in a stock cooperative, as defined by Business and Professions Code (BPC), Section 11003.2, a community apartment project, as defined by BPC Section 11004, or a condominium project, as defined by subdivision (c) of BPC Section 11004. 5.
(x) "Plan" means the document submitted by the Applicant to the Department as part of a complete application in which the Applicant proposes to use allocated funds for at least one eligible Activity. The Plan shall have a term of five years. In succeeding years, the Local government is required to obtain the approval of the Department for any amendments made to the Plan, as set forth in Section 302(c)(5). (y) "Permanent Local Housing Allocation Program", "Program", or "PLHA" means the program developed to annually allocate 70 percent of the moneys deposited into the Fund pursuant to HSC Section 50470(b)(2)(B)(i).
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(z) "Permanent supportive housing" has the same meaning as in HSC Section 50675.14, that is, housing with no limit on the length of stay, that is occupied by the target population, and that is linked to onsite or offsite services that assist the supportive housing residents in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.
Permanent supportive housing may include associated facilities if used to provide services to housing residents. Permanent supportive housing does not include "health facility" as defined by HSC Section 1250 or any "alcoholism or drug abuse recovery or treatment facility" as defined by HSC Section 11834.02 or "Community care facility" as defined in HSC Section 1502, "Mental health rehabilitation centers" as defined in Section 5675 of the Welfare and Institutions Code (WIC), or other residential treatment programs.
(aa)"Regional Housing Needs Allocation" or "RHNA" means the share of the regional housing need represented by persons at all income levels within the area significantly affected by the general plan of the city or county allocated to an Applicant Local government pursuant to GC Section 65584(b).
(bb )"Sponsor" means the legal entity or combination oflegal entities with continuing control of a Rental Housing Development. Where the borrowing entity is or will be organized as a limited partnership, Sponsor includes the general partner or general partners who have effective control over the operation of the partnership, or, if the general partner is controlled by another entity, the controlling entity. Sponsor does not include the seller of the property to be developed as the rental housing Project, unless the seller will retain control of the Project for the period necessary to ensure Project feasibility as determined by the Department. (cc) "Very Low Income" has the meaning set forth in HSC Section 50105, which is a maximum of 50 percent of AMI. Grantees shall utilize income limits issued by the Department at the following link:
http://www.bed.ca.gov/ grants-funding/income-limits/state-and-federal-incomelirnits.shtml.
NOTE: Authority cited: HSC Section 50470, subdivision (d). Reference cited: HSC Section 50470.5 and 50470, subdivision (b)(2).
ARTICLE II. PROGRAM FUNDING
Section 200. Allocations
(a) SB 2 created a dedicated revenue source for affordable housing and directed the Department to make available 70 percent of the moneys in the Building Homes and Jobs Trust Fund, collected on and after January 1, 2019, to Local governments through the following allocations:
Department of Housing and Community Development 9 2019 PLHA Final Guidelines 325
(1) Ninety percent of the moneys available shall be allocated based on the formula used under Federal law to allocate CDBG funds within California. This is the formula specified in Title 42 United States Code (USC), Section 5306. (A) The amount of funds awarded to each Local government eligible for the entitlement formula component shall be determined by the 90 percent of PLHA funds available pursuant to this paragraph (1) and the percentage of funds received by the entitlement Local government in the CDBG federal fiscal year 2017 allocation process performed by HUD.
(B) Through the formula specified in paragraph (1 ), the percentage of funds allocated to Non-entitlement local governments shall be distributed to Non-entitlement local governments through a competitive grant program. (2) Ten percent of the moneys available shall be allocated equitably among Non-entitlement local governments. The equitable allocation awarded to each Local government eligible for the Non-entitlement formula component shall be based on the sum of: (1) 50 percent of the funding available for the Non-entitlement formula component divided by the number oflocal governments eligible for the Non-entitlement formula component and (2) 50 percent of the funding allocated in proportion to each Non-entitlement local government's share of the total most severe housing need in California's Non-entitlement local governments, based upon the most recent HUD Comprehensive Housing Affordability Strategy. (b) After funds are appropriated by the Legislature as part of the budget act, the Department will issue one or more Notices of Funding Availability (NOFA). Local governments shall submit an application under the NOFA pertaining to the specific allocation for which the Local government is eligible.
(c) It is recommended that Local governments that were urban counties in accordance with the distribution of funds pursuant to the formula specified in 42 USC, Section 5306 for the federal fiscal year 2017 provide a proportional share of their allocations to Local governments within their county with which they had a three-year Urban County Cooperation Agreement as of September 1, 2017, provided that these Local governments meet the threshold requirements of the PLHA and expend
sub-allocated funds for eligible activities within the deadlines of the Standard Agreement governing the sub-allocation.