Los Banos City Council
March 20, 2024

LOsBanos
At the Crossroads of California
www.losbanos.org
AGENDA

CITY COUNCIL MEETING

CITY HALL COUNCIL CHAMBERS
520 J Street
Los Banos, California
MARCH 20, 2024 - 6:00 PM
'Live stream on YouTube at:
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 flame a la oficina de la Secretaria de la ciudad al (209) 827-7000 a lo menos de 48 horas previas de la junta.

La Cuidad de Los Banos cumple con la Acta de Americanos con Deshabilidad (ADA) de 1990. · ........................................................................................................................................................................................................................................................................................... · Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the meeting and in the City Clerk's office located at City Hall, 520 J Street, Los Banos, California during normal business hours. In addition, such writings and documents may be posted on the City's website at www.losbanos.org.
* * * * * * * ** * * * * * * *
Cualquier escritura o los documentos proporcionaron a una mayoria de/ Ayuntamiento respecto a cualquier articu/o en este orden de/ dia sera hecho disponible para la inspecci6n publica en la reunion y en la oficina de la Secretaria de la ciudad en City Hall, 520 J Street, Los Banos,
California durante horas de oficina norma/es. Ademas, tales escrituras y los documentos pueden ser anunciados en el website de la ciudad en www.losbanos.org.

Please note: The Brown Act provides the public with an opportunity to make public comment at any public meeting. As an alternative for in-person comments, written public comment may be made by e-mail to [email protected] or delivered tq the City Clerk at City Hall, 520 J Street three (3) hours prior to the scheduled time of the meeting. Comments received will not be read aloud at the meeting, but shall be distributed to the City Council via e-mail and added to the agenda packet on the City's website for public review. Agenda packets can be found on the. Gity's_ \/Ye.bsi!~ t1t tt}~ f.Qll9wing 1!11~;_ https://losbanos.orq/category/city-council/ Los Banos City Council Agenda - March 20, 2024 Page 1 of4 1 1. CALL TO ORDER - March 20, 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. PUBLIC FORUM. (Members of the public may address the City Council Members on any item of public interest that is within the jurisdiction of the City Council; includes agenda and non-agenda items. No action will be taken on non-agenda items. Speakers are limited to a five (5) minute presentation. Detailed guidelines are posted on the Council Chamber informational table.)

6. CONSIDERATION OF APPROVAL OF CONSENT AGENDA. (Items on the Consent Agenda are considered to be routine and will be voted on in one motion unless removed from the Consent Agenda by a City Council Member.) A. Check Register for #243986 - #244247 in the Amount of $2,539,930.93.

Recommendation: Approve the check register as submitted.

B. City Council Resolution No. 6745 - Authorizing the City Manager to Execute the Contract with Ronnys Inc. for the Officer Noah Jones Ballpark Sidewalk Project in the Amount of $129,549.00 and a Project Contingency of $19,500.00.

Recommendation: Adopt the resolution as submitted.

C. City Council Resolution No. 6746 - Acting as the City of Los Banos Groundwater Sustainability Agency Approving the Special Project Agreement for the Development of a Single Groundwater Sustainability Plan for the Delta-Mendota Subbasin; and Approving the Memorandum of Agreement Among the Delta-Mendota Subbasin Groundwater Sustainability Agencies; and Approving the First Amended Memorandum of Understanding Between the City of Los Banos Groundwater Sustainability Agency and the San Joaquin River Exchange Contractors Groundwater Sustainability Agency.

Recommendation: Adopt the resolution as submitted.

D. City Council Resolution No. 6747 - Approving Finding and Authorizing the Emergency Repair of the Airport Runway Lighting in the Amount of $83,300.00.

Recommendation: Adopt the resolution as submitted.

Los Banos City Council Agenda - March 20, 2024 Page 2of4 2 E. City Council Resolution No. 67 48 - Approving the Acceptance of a State of California Officer Wellness and Mental Health Grant, Administered by the Board of State and Community Corrections in the Amount of $30,189.55 and Amending the 2023-2024 Fiscal Year Budget by Increasing the Appropriation Amount for Expenditures and Revenues in the Amount of $30,189.55.

Recommendation: Adopt the resolution as submitted.

F. City Council Resolution No. 6749 - Authorizing the City Manager to Sign Amendment No. 1 to the Landscape Maintenance Services Agreement between the City of Los Banos and Ronnys Inc. Adding 19 Locations to the Agreement and Amending the Fiscal Year 2023-2024 Budget by Increasing Appropriations in the Following Accounts: 100-452-100-231 in the Amount of $9,585.72, 273-458-200-220 in the Amount of $795.60, 274-458-200-220 in the amount of $468.00, 279-458-200-220 in the Amount of $2,752.40, 281- 458-200-220 in the Amount of $5,358.00, and 287-458-200-220 in the Amount of $3,714.60.

Recommendation: Adopt the resolution as submitted.

7. PUBLIC HEARING. (If you challenge the proposed action as described herein in court, you may be limited to raising only those issues you or someone else raised at the public hearing described herein or in written correspondence delivered to the City at, or prior to, the public hearing.)
A. Public Hearing - To Receive Public Comment on and Consider the City of Los Banos General Plan Housing Element Annual Progress Report for Calendar Year 2023 and to Consider an Exemption from the Requirements of the California Environmental Quality Act (CEQA) Pursuant to Section 15061 (b)(3) of the CEQA Guidelines.
1) City Council Resolution No. 6750 - Adopting the 2023 Annual Report on the Status of the Housing Element of the General Plan and Progress in Its Implementation.

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

8. COLORADO BALLPARK RENOVATION PRESENTATION.

Recommendation: Receive the staff report and direction from the City Council on how to proceed.

9. APPOINTMENT OF COMMISSIONERS TO THE FOLLOWING COMMISSION:

A. Tree Commission - Two (2) Vacancies
Two (2) Unexpired Year Terms - Expiring December 31, 2025 Recommendation: Appoint commissioners to fill the vacancies.

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

Los Banos City Council Agenda - March 20, 2024 Page 3of4 3 11. CITY MANAGER REPORT.

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

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

SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT (SJVAPCD),

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

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

13. CITY COUNCIL MEMBER REPORTS.

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

14. CLOSED SESSION - Conference with Labor Negotiators, Pursuant to Government Code Section 54957.6, Agency Designated Representatives: City Manager Pinheiro, City Attorney Vaughn, Human Resources Director Mallonee, Finance Director Portillo, Finance Consultant Kuhn, Legal Counsel Tuffo; Employee Organizations: Los Banos Police Officers Association (LBPOA), Los Banos Police Sergeants Association (LBPSA), Los Banos Fire Fighters Association (LBFFA), Los Banos Police Dispatchers/Community Services Officers Association (LBPDCSOA), Los Banos Public Employees Union (Public Works) Local 1/AFSCME and Unrepresented Miscellaneous Employees.

15. CLOSED SESSION - Public Employee Performance Evaluation, Title: City Manager, Pursuant to Government Code Section 54957.

16. ADJOURNMENT.

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

Lucille
~fL. Mallonee, ~ City Clerk Dated this 15th day of March 2024 Los Banos City Council Agenda - March 20, 2024 Page 4of4 4 CK# 243986 - # 244247 03/20/2024 $2,539,930.93
Check Report
Check by Date
Number Payment Date
243987 03/01/2024
243988 03/01/2024
243989 03/01/2024
243990 03/01/2024
243991 03/01/2024
243992 03/01/2024
243993 03/01/2024
243994 03/01/2024
243995 03/01/2024
243996 03/01/2024
243997 03/01/2024
243998 03/01/2024
243999 03/01/2024
244000 03/01/2024
244001 03/01/2024
244002 03/01/2024
244003 03/01/2024
244004 03/01/2024
244005 03/01/2024
244006 03/01/2024
244007 03/01/2024
244008 03/01/2024
244009 03/01 /2024
244010 03/01/2024
244011 03/01/2024
244012 03/01/2024
244013 03/01/2024
244014 03/01/2024
244015 03/01/2024
244016 03/01/2024
244017 03/01/2024
244018 03/01/2024
244019 03/01 /2024
244020 03/01/2024
244021 03/01/2024
244022 03/01/2024
244023 03/01/2024
244024 03/01/2024
244025 03/01/2024
244026 03/01/2024
244027 03/01/2024
244028 03/01/2024
244029 03/01/2024
244030 03/01/2024
244031 03/01/2024
244032 03/01/2024
244033 03/01/2024
Vendor Name
Agile Occupational Medicine PC
Mayla Aguilar
Apex Annex Health Center, Inc.

BSK Associates
Salvador Castaneda
Central Valley Toxicology, Inc
CCID
City of Los Banos Utility
Duperon Corporation
Employment Development Dept
Mariah Estrada
Galvin Preservation Associates, Inc.

GoTo Communications, lnc.

Gouveia Engineering Inc.

Gabriel Omar Ortiz Lepe
Ramon McDonald
Gerald "Obie" O'Brien
PG&E Company
Precision Civil Engineering, lnc
Provost and Pritchard Engineering, Inc.

Redstone Construction, Inc
Safe T Lite of Modesto, Inc.

Stantec Consulting Services, Inc.

State Water Resources Control Board
Superior Pool Products, LLC
Synagro-WWT, Inc.

United Pavement Maintenance, Inc.

Alexander Valdez
Vanir Construction Management, Inc.

Law Offices of William A Vaughn
Alhambra
Agile Occupational Medicine PC
All American Plumbing
Anthony Gomes
Aramark
Aramark Uniform Ser lnc
AramarkUniform & Career Apparel Group, Inc.

AT&T
Auto Zone Commercial
Dorothy June Baker
BJ's Consumers Choice Pest Control Inc.

Broadcast Music, Inc
BSK Associates
Ca Dept of Justice Cashiering Unit
Capital One
CENCAL Machine & Fabrication Inc.

Chabin Concepts, Inc.

LOsBanos
41 th<' Ctossmads of California
Payment Type Void Payment Amount
Regular 333.00
Regular 12.00
Regular 250.00
Regular 6,511.25
Regular 12.00
Regular 91.00
Regular 65,401.98
Regular 5,452.43
Regular 6,400.00
Regular 16,488.00
Regular 48.00
Regular 36,547.63
Regular 3,772.46
Regular 15,935.36
Regular 7,500.00
Regular 12.00
Regular 77.14
Regular 14,843.62
Regular 49,936.00
Regular 34,373.20
Regular 403,917.20
Regular 5,771.78
Regular 6,640.75
Regular 125.00
Regular 5,975.53
Regular 724,633.45
Regular 192,595.06
Regular 12.00
Regular 82,358.99
Regular 12,600.00
Regular 8.49
Regular 115 .00
Regular 4,463 .02
Regular 1,406.44
Regular 205.47
Regular 243.58
Regular 193.81
Regular 161.24
Regular 23.20
Regular 255.29
Regular 200.00
Regular 435.00
Regular 5,884.00
Regular 2,209.00
Regular 1,148.93
Regular 2,665.96
Regular 1,566.56
5 244034 03/01/2024 Cintas Corporation No.2 Regular 365.91 244035 03
/01/2024 Coffee Break Service Inc. Regular 357
.93
244036 03
/01/2024 Comcast Regular 236.32
244037 03/01/2024 Lamar A. Cummings Regular 129.99
244038 03/01/2024 Dos Palos Publishing Company Regular 130.00 244039 03/01/2024 Dirt Movers, Inc Regular 905.46
244040 03/01/2024 Electric Drives Inc Regular 4,558.91
244041 03/01/2024 Federal Express Corporation Regular 32.57 244042 03/01/2024 Ferguson Enterprises Inc DBA Groeniger & Company Regular 1,637.87 244043 03/01/2024 Food 4 Less Regular 150
.15
244044 03/01/2024 Fun Express ILC Regular 129.12
244045 03/01/2024 Gouveia Engineering Inc. Regular 12
,699.18
244046 03/01/2024 Albert Gomes Regular 1,000
.00
244047 03/01/2024 Holt of California Regular 554.89
244048 03/01/2024 Los Banos Veterinary Services Regular 2,793.70 244049 03/01/2024 Marfab Inc Regular 453.87
244050 03/01/2024 McCrometer Inc. Regular 416.00
244051 03/01/2024 Merced Truck & Trailer Inc Regular 917.62 244052 03/01/2024 OSE Regular 407.10
244053 03/01/2024 David Oliveira Regular 1,361.25
244061 03/01/2024 O'Reilly Auto Parts Regular 582.58
244062 03/0l/2024 Owen Equipment Sales Regular 4,547.80 244063 03/01/2024 Pace Supply Corp. Regular 568.25
244064 03/01/2024 Pitney Bowes Inc Regular 199
.35
244065 03/01/2024 Provost and Pritchard Engineering, Inc. Regular 2,421.99
244066 03/01/2024 Quad Knopf, Inc. Regular
1,484.00
244067 03/01/2024 Safe T Lite of Modesto, Inc. Regular 1,299.13 244068 03/01/2024 Save Mart Supermarkets Regular 68.74
244069 03/01/2024 SD Holdings, Inc Regular 801.96
244070 03/01/2024 Southern Tire Mart, LLC Regular 4,176.85 244071 03/01/2024 Sorensens True Value Regular 1,147.60 244072 03/01/2024 Stantec Consulting Services, Inc. Regular 1,905.50
244073 03/01/2024 Telstar Instruments Regular
1,201.00
244074 03/01/2024 Terryberry Company LLC Regular 524
.72
244075 03/01/2024 Triangle Rock Products Regular 26653
244076 03/01/2024 Verizon Wireless Regular 3,786.85
244077 03/01/2024 Westside Water Conditioning Regular 193.50 244078 03/01/2024 Windecker Inc Regular 11,845.71
244079 03/01/2024 Young's Air Conditioning Regular 705.00 244080 03/01/2024 Mario Santos Regular 47.65
244081 03/01/2024 Home Sweet Home Property Management Co. Regular 121.57 244082 03/01/2024 Carmen Hattie Watson Regular 61.21
244083 03/0 1/2024 SBE, LP Regular 162
.77
244084 03/01/2024 Home Sweet Home Property Management Co. Regular 168.27 244085 03/01/2024 Filifaatali Leatiota Regular 98.44
244086 03/01/2024 D.R. Horton Regular 175.45
244087 03/01/2024 D.R. Horton Regular 175.45
244088 03/01/2024 D.R. Horton Regular 180.05
244089 03/01/2024 D.R. Horton Regular 176.22
244090 03/01/2024 RBG Construction Regular 180.05
244091 03/01/2024 RBG Construction Regular 180.05
244092 03/01/2024 RBG Construction Regular 180.05
244093 03/01/2024 RBG Construction Regular 180.05
244094 03/01/2024 RBG Construction Regular 180
.05
244095 03/01/2024 RBG Construction Regular 180
.05
244099 03/04/2024 Reliance Standard Life Insurance Company Regular 6,642.49 244101 03/04/2024 Reliance Standard Life Insurance Company Regular 6,642.49 244103 03/05/2024 Aflac-Customer Service Regular 235.68 6 244104 03/05/2024 AFSCME District Council 57 Regular 1,603.65 244105 03/05/2024 Empower Annuity lns. Co of America Regular 1,446.33
244106 03/05/2024 Empower Annuity lns. Co of America Regular 2,947.00 244107 03/05/2024 Los Banos Police Assn Regular 1,050.00 244108 03/05/2024 Los Banos Police Assn. Regular 245.00 244109 03/05/2024 Merced County Sheriff Regular 850.14
244110 03/05/2024 MissionSquare Regular 341.65
244111 03/05/2024 MissionSquare Regular 8,662.50
244112 03/05/2024 Nationwide Retirement Solutions Regular 4,105.33 244113 03/05/2024 Professional Fire Fighter of Los Banos Local 4 703 Regular 1,050.00 244114 03/05/2024 State Disbursement Unit Regular 1,350.00 244116 03/08/2024 A Plus Tree, LLC Regular 66,519.55
244117 03/08/2024 Anthony Gomes Regular 7,905.15
244118 03/08/2024 AT&T Mobility Regular 5,160.77
244119 03/08/2024 Richard A Blak Phd Regular 930.00
244120 03/08/2024 CDWLLC Regular 14,444.92
244121 03/08/2024 Callander Associates Landscape Architecture, lnc. Regular 34,648.39 244122 03/08/2024 CSG Consultants lnc. Regular 87,863.43 244123 03/08/2024 Gallagher Benefit Services, lnc. Regular 6,250.00 244124 03/08/2024 Marina Landscape, lnc. Regular 37,620.00 244125 03/08/2024 Mark Thomas & company. lnc. Regular 15,279.80 244126 03/08/2024 Jesus Miramontes Regular 572.00
244127 03/08/2024 O'Dell Engineering Regular 7,878.75
244128 03/08/2024 PG&E Company Regular 139,233.89
244129 03/08/2024 Precision Civil Engineering, lnc Regular 16,200.00 244130 03/08/2024 Price Paige and Company CP A's LLP Regular 20,094.00 244131 03/08/2024 Ranchwood Homes Regular 13,915.22
244132 03/08/2024 Southwest Solutions Group, lnc. Regular 6,347.51 244133 03/08/2024 Tap Master, lnc. Regular 8,295.00
244134 03/08/2024 Thirkettle Corporation Regular 69,320.87 244135 03/08/2024 Vanir Construction Management, lnc. Regular 9,715.00 244136 03/08/2024 Windecker lnc Regular 21,144.98
244137 03/08/2024 Alhambra Regular 67.43
244138 03/08/2024 All American Plumbing Regular 287.85
244139 03/08/2024 Gregory Almeida Regular 145.73
244140 03/08/2024 Amerigas Propane, LP Regular 828.25
244141 03/08/2024 Animal Damage Management, Inc. Regular 3,850.00 244144 03/08/2024 Aramark Uniform Ser Inc Regular 1,417.11 244146 03/08/2024 AramarkUniform & Career Apparel Group, Inc. Regular 193.81 244147 03/08/2024 AT&T Regular 2,151.57
244148 03/08/2024 Backflow Apparatus & Valve Co. Regular 235.90 244149 03/08/2024 BJ's Consumers Choice Pest Control Inc. Regular 96.00 244150 03/08/2024 Boot Barn Regular 156.59
244151 03/08/2024 BSK Associates Regular 1,998.00
244152 03/08/2024 Alicia Bemore Regular 50.00
244153 03/08/2024 Ca Dept of Justice Cashiering Unit Regular 2,114.00 244154 03/08/2024 Carlson Scale, Inc. Regular 4,937.14
244155 03/08/2024 Cintas Corporation No.2 Regular 85.04 244156 03/08/2024 Central Sanitary Supply, LLC Regular 745.75 244157 03/08/2024 Clark Pest Control Inc Regular 292.00 244158 03/08/2024 Comcast Regular 146.60
244159 03/08/2024 Copy Shipping Solutions Regular 409.77 244160 03/08/2024 David Cummins Regular 50.00
244161 03/08/2024 Lamar A. Cummings Regular 867.06
244162 03/08/2024 Nicole Cunha Regular 350.00
244163 03/08/2024 Employee Relations, Inc. Regular 50.00 244164 03/08/2024 F S Rod Inc Regular 1,800.78
244165 03/08/2024 Ferguson Enterprises Inc DBA Groeniger & Company Regular 173.04 7 244166 03/08/2024 Fun Express LLC Regular 203.44
244167 03/08/2024 Jason D. Goins Regular 1,200.00
244168 03/08/2024 Government Revenue Solutions Holdings I, LLC Regular 3,913.28 244169 03/08/2024 Halcyon Creek Inc. Regular 4,505.14
244170 03/08/2024 Jerry Witt Regular 2,389.00
244171 03/08/2024 Kone Inc. Regular 860.01
244172 03/08/2024 Monica Lockett Regular 600.00
244173 03/08/2024 Beverly Lopez Regular 350.00
244174 03/08/2024 Chardae Lopez Regular 300.00
244175 03/08/2024 Marfab Inc Regular 35.31
244176 03/08/2024 Merced Chevrolet Inc. Regular 92.08
244177 03/08/2024 Merced Truck & Trailer Inc Regular 3,178.16 244178 03/08/2024 Monterey Auto Services Inc. Regular 180.00 244179 03/08/2024 Municipal Maintenance Equipment, Inc. Regular 7,141.05 244180 03/08/2024 Maria Magana Regular 600.00
244181 03/08/2024 Amanda Martinez Regular 350.00
244182 03/08/2024 Napa Auto Parts of Los Banos Regular 76.84 244183 03/08/2024 O'Dell Engineering Regular 6,402.50
244184 03/08/2024 OSE Regular 295.59
244185 03/08/2024 O'Reilly Auto Parts Regular 697.51
244186 03/08/2024 Owen Equipment Sales Regular 509.89
244187 03/08/2024 Pace Supply Corp. Regular 1,265.94
244188 03/08/2024 PAPE Machinery Inc. Regular 1,022.82
244189 03/08/2024 Pitney Bowes Inc Regular 144.41
244190 03/08/2024 Purchase Power Inc Regular 3,107.73
244191 03/08/2024 Protech Security & Electronics, Inc. Regular 1,484.82 244192 03/08/2024 Francisco Perez Regular 500.00
244193 03/08/2024 RMGYlnc. Regular 158.23
244194 03/08/2024 Ronny's Inc. Regular 1,988.00
244195 03/08/2024 Ramiro Rodriguez Regular 600.00
244196 03/08/2024 Safe T Lite of Modesto, Inc. Regular 4,011.65 244197 03/08/2024 Save Mart Supermarkets Regular 82.57
244198 03/08/2024 Sherwin Williams Co Regular 429.74
244199 03/08/2024 Frank Silveria Regular 1,575.00
244200 03/08/2024 Natalie Sobalvarro Regular 1,750.00
244201 03/08/2024 Sorensens True Value Regular 658.47
244203 03/08/2024 The Heil CO Regular 220.00
244204 03/08/2024 Triangle Rock Products Regular 311.42 244205 03/08/2024 United Site Services, Inc. Regular 133.25 244206 03/08/2024 Verizon Wireless Regular 321.91
244207 03/08/2024 Luresa Vasquez Regular 350.00
244208 03/08/2024 Windecker Inc Regular 877.26
244209 03/08/2024 Young's Air Conditioning Regular 419.00 244210 03/08/2024 Home Sweet Home Property Management Co. Regular 95.22 244211 03/08/2024 Sunshine Investments Regular 101.56
244212 03/08/2024 Lizet Lopez Regular 117.48
244213 03/08/2024 Robert Contreras Regular 23.83
244214 03/08/2024 Thomas & Karen Ovesen Regular 85.69
244215 03/08/2024 Ernesto Marroquin Regular 165.09
244216 03/08/2024 Claudeth Corrales Regular 99.09
244217 03/08/2024 Eduardo Rojas Ramirez Regular 145.70
244218 03/08/2024 Craig & Craig Prof. Services, Gina Regular 34.91 244219 03/08/2024 Elkin and Yolanda Perez Regular 98.44 244220 03/08/2024 Julio Cesar Vasquez-Aniaga Regular 139.69 244221 03/08/2024 Annette Rivas Regular 200.00
244222 03/08/2024 Silvia Barrera Bejar Regular 78.78
244223 03/08/2024 Century Communities Regular 24.55
244224 03/08/2024 Century Communities Regular 23.02
8 244225 03/08/2024
244226 03/08/2024
244227 03/08/2024
244228 03/08/2024
244229 03/08/2024
244230 03/08/2024
244231 03/08/2024
244232 03/08/2024
244233 03/08/2024
244234 03/08/2024
244235 03/08/2024
244236 03/08/2024
244237 03/08/2024
244238 03/08/2024
244239 03/08/2024
244240 03/08/2024
244241 03/08/2024
244242 03/08/2024
244243 03/08/2024
244244 03/08/2024
244245 03/12/2024
Break in check sequence due to the following:

Check #243986 (Payroll)
Check #244054 -#244060 (Manual Void)
Check #244096 - #244098 (Payroll)
Check#244100 (Manual Void)
Check#244102 (Manual Void)
Check#244 l l 5 (Payroll)
Check#244 l 4 2 - #24414 3 (Manual Void)
Check#244145 (Manual Void)
Check#244202 (Manual Void)
Check#244246 - #244247 (Manual Void)
Breckenridge Property Fund 2016 LLC
Shelly Arbuckle
MHP Builders Inc
Sunshine Investments
Ricardo Perez
D.R. Horton
D.R. Horton
D.R. Horton
D.R. Horton
D.R. Horton
D.R. Horton
Century Communities
Century Communities
Century Communities
Century Communities
Century Communities
Century Communities
Century Communities
Century Communities
Brent Kuhn
Home Depot
Regular 121.37
Regular 101.56
Regular 24.55
Regular 121.37
Regular 163.96
Regular 24.55
Regular 24.55
Regular 49.10
Regular 24.55
Regular 24.55
Regular 24.55
Regular 24.55
Regular 11.88
Regular 11.88
Regular 24.55
Regular 80.65
Regular 24.55
Regular 24.55
Regular 11.09
Regular 32,340.00
Regular 10,712.49
Payment Type Payment
Regular Checks 242 2,539,930.93
Manual Checks 0 0.00
Voided Checks 0 0.00
242 2,539,930.93
9 THIS PAGE IS INTENTIONALLY LEFT BLANK
10 TO:

FROM:

DATE:

LOsBanos
I rh • n, roacl o
Agenda Staff Report
Mayor and City Council Members ~
Joe Heim, Parks and Recreation Direct~ "-
March 20, 2024
fin t1i,1
TYPE OF REPORT: Consent Agenda
SUBJECT: Authorizing Award of Construction Contract to Ronnys Inc. in the amount of $129,549.00 with a 15% contingency in the amount of $19,500.00 for the Officer Noah Jones Ballpark Sidewalk Project
Recommendation:

That the City Council adopts the Resolution awarding the Construction Contract to Ronnys Inc. and authorize the City Manager to execute the Construction Contract agreement in the amount of $129,549.00. Staff is requesting a 15% contingency in the amount of $19,500.00.

Background:

Officer Noah Jones Ballpark is located at 401 7th St. The Ballpark is owned by Merced County and leased to the City of Los Banos on a 25-year lease. The Ballpark is used throughout the year to host sporting activities.

Sports activities include PAL Softball, PAL Flag Football, Jr. Giants Baseball and Parks and Recreation Youth Tee-Ball and Coach Pitch.

Officer Noah Jones Ballpark is approximately 5.92 acres in size and includes four softball fields. Historically the fields have been primarily maintained by PAL and volunteer community members.

In 2019 the City of Los Banos constructed the restroom facility on-site and added a sidewalk pathway, with American Disability Act (ADA) entrances from the parking lot to the south-side of the fields.

Discussion:
11 Officer Noah Jones Ballpark is a heavily used sports complex for the City of Los Banos.

The Ballpark lacks ADA access to the full perimeter of the park. Improvements include a connecting sidewalk that will create a loop around the full complex. Improvements will also include a 3' fence along the south side-walk to create a barrier between the sidewalk and the parking lot.

These improvements will create safe and usable conditions for the park facility. The bid opening for the project was held on March 5, 2024. The Public Works Department, through the office of the City Clerk, received nine (9) bids from the following contractors:

Ronnys Inc. Los Banos, CA $ 129,549.00
Redstone Construction Inc. Atwater, CA $ 150,490.00
R Sutton Enterprise LLC Vallecito, CA $ 201,368.75
J.L. Plank Inc. dba Cen-Cal Construction Bakersfield, CA $ 154,451.00 Granite Construction Company Fresno, CA $ 182,630.30
Juarez Brothers GEN ENG Inc. Madera, CA $ 160,809.00
*RNR Paving Inc. San Ramon, CA $ 183,295.62
B&M Builders, Inc. Rancho Cordova, CA $ 173,252.50
Bret Briggs Construction Merced, CA $ 202,549.00
Staff reviewed each of the bid proposals for completeness. Ronnys Inc. has provided the lowest responsive and responsible bid for the project. Staff is recommending Ronnys Inc. be awarded the contract for the construction of the Officer Noah Jones Ballpark sidewalk project. Staff is recommending a contingency of fifteen percent (15%) for the project.

The administration of the contract will be performed by the Public Works Director/City Engineer and the Parks and Recreation Director.

The project is anticipated to be complete before June 2024. Additional expenses include compaction testing for the concrete work.

Fiscal Impact:

The fiscal impact of the project is budgeted from the line item 101-451-290-718 in the Measure H account. This project is fully budgeted in Fiscal Year 2023-2024. The total impact of the project, including contingency is anticipated to be $151,000.00 Reviewed by:

Attachments:

Resolution
Bid Opening Sheet
Public Notice
Contract Agreement
Vanessa Portillo, Finance Director
12 RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS AUTHORIZING THE CITY

MANAGER TO EXECUTE THE CONTRACT WITH

RONNYS INC FOR THE OFFICER NOAH JONES

BALLPARK SIDEWALK PROJECT IN THE
AMOUNT OF $129,549.00 AND A PROJECT
CONTINGENCY OF $19,500.00
WHEREAS, the City of Los Banos solicited bids for sidewalk improvements at Officer Noah Jones Ballpark, located at 401 7th St.; and WHEREAS, the Public Works Department has determined, after receiving competitive proposals, that Ronnys Inc. provided the lowest responsive and responsible proposal in the amount of $129,549.00; and
WHEREAS, the proposed construction project includes a 15% contingency in the amount of $19,500.00; and
WHEREAS, the proposed contract has been reviewed by the City Attorney and approved as to form; and
WHEREAS, The Public Works Department requests the City Council authorize the City Manager to execute the contract with Ronnys Inc. for sidewalk improvements at Officer Noah Jones Ballpark
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby authorize the City Manager to execute the contract with Ronnys Inc. for the Officer Noah Jones Ballpark Sidewalk Project.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 20th day of March 2024, by Council Member ___ who moved its adoption, which motion was duly seconded by Council Member _ _ _ and the Resolution adopted by the following vote:
13 AYES:

NOES:

ABSENT:

APPROVED:

Paul Llanez, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
14 LOs Banos
Al ,lie Crossroads of Ccilifornia

BID OPENING
Construction of Noah Jones Ballpark Sidewalk Improvements March 5, 2024 - 2:00 p.m.
1 Ronny's Inc.

2. Bret Briggs Construction

3. B & M Builder's Inc.

4. RNR Paving Inc.

5. Juarez Brothers General Engineering

6. Granite Construction Company

7. Cen-Cal Construction

8. R. Sutton Enterprises

9. Redstone Construction Inc.

Signe~~-
Sara Blevins, CMC
Assistant City Clerk/HR Analyst
----I--, ' ~ 3/Sfty
Joe Heim
Parks & Recreation Director
$ 129,549.00
$ 202,549.00
$ 173,252.50
$ 183,295.62
$ 155,809.00
$ 182,630.30
$ 154,451.00
$ 201,368.75
$ 150,490.00
Dated: March 5, 2024
15 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 Officer Noah Jones Ballpark Sidewalk Improvements will be received by the City of Los Banos at the office of the City Clerk until 2:00 p.m. Pacific Standard Time, March 5, 2024 and then at said office publicly opened and read aloud.

The major work consists of but is not limited to: demolition and site preparation; paving and hardscape; and fencing.

The time for completion shall be twenty (20) 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 9550 and a bond for faithful performance of the contract will be required of the successful bidder who is awarded the contract.

The successful bidder must comply with the latest general prevailing rate of per diem wages as determined by the Director of Industrial Relations, State of California, Department of Industrial Relations and is to be paid to the various craftsmen and laborers required to construct said improvements and is made a part of the specifications and contract for said work to which reference is hereby made for further particulars.

No contractor or subcontractor may be listed on a bid proposal or awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor registration information can be found at:
http://www.dir.ca.gov/Public-Works/PublicWorks.html
Each bid shall be accompanied by cashier's or certified check or by a bidder's bond, made payable to the City of Los Banos and executed by a corporate surety licensed to issue surety bonds in the State of California, for an amount equal to at least ten percent (10%) of the amount of said bid and no bid shall be considered unless such cashier's or certified check or bidder's bond is enclosed therewith.

The successful bidder of this project shall have the following current and active California State Contractor's License at the time of the submission of the bid and throughout the duration of the contract: C-8 & C-13, or a Class A or B.
16 Prospective bidders are required to attend a mandatory pre-bid meeting on February 13, 2024.

Bids will not be considered from bidders who were not physically in attendance at the mandatory pre-bid meeting.

Bidders shall refer to the Contract Document's Information for Bidders for complete instructions.

Bidders are solely responsible for the cost of preparing their bids.

The City specifically reserves the right, in its sole discretion, to reject any or all bids, to re-bid, or to waive inconsequential defects, in bidding not involving time, or quality of the work. The City may reject any and all bids and waive any minor irregularities in the bids. 17 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 Ronnys, Inc. ("Contractor'').

Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows:

1. WORK. Contractor shall complete the work indicated in Owner's Contract Documents entitled "Officer Noah Jones Ballpark Sidewalk Improvements." The work is generally described as follows:
• Major work consists of but is not limited to: demolition and site preparation; paving and hardscape; and fencing.
• Contractor shall furnish all of the material, supplies, tools, equipment, labor and other services necessary for the construction and completion of the work described herein.

2. CONTRACT TIME. Contractor shall commence the work required by the Contract Documents within 1 O calendar days after the date of the Notice to Proceed and will complete the same within the time period set forth in the bid, unless the period for completion is extended otherwise by the Contract Documents.

3. LIQUIDATED DAMAGES. Owner and Contractor recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the work is not completed within the time specified in Paragraph 2 herein, plus any extensions thereof allowed in accordance with Paragraph 21, Time for Completion and Liquidated Damages, of the General Provisions. The parties also recognize the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by Owner if the work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner Eight Hundred Dollars ($ 800.00) for each day that passes after the time specified in Paragraph 2 herein.

4. CONTRACT PRICE. Owner shall pay Contractor for completion of the work in accordance with the Contract Documents in current funds the amount set forth in the Bid Schedule(s). The Contractor agrees to perform all of the work described in the Contract Documents for the unit and lump sum prices set forth in the Bid Schedule(s).

5. PAYMENT PROCEDURES. Contractor shall submit applications for payment in accordance with Paragraph 24, Progress Estimates, of the General Provisions. Applications for payment will be processed by Owner as provided in the General Provisions.

6. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between Owner and Contractor concerning the work consists of this Agreement and the following attachments to this Agreement:
(A) Advertisement for Bids
18 (B) Information for Bidders
(C) Bid
(D) Bid Bond
(E) Agreement
(F) Payment Bond
(G) Performance Bond
(H) Notice of Award
(I) Notice to Proceed
(J) Change Order
(K) General Provisions
(L) Special Provisions
(M) Technical Specifications prepared by O'Dell Engineering entitled "Officer Noah Jones Ballpark Sidewalk Improvements", dated February, 2024. (N) Drawings prepared by O'Dell Engineering numbered 1 through 4. (0) Addenda
No. 1, dated February 26, 2024
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 19 believe that you have a legally justifiable basis under the California Public Records Act (Government Section 6250 et. seq.) for protecting the confidentiality of any information contained within your bid, you must identify any such information, together with the legal basis of your claim in your bid. In order for the Owner to assess confidentiality of any such information on your behalf, you must request, execute and submit an Owner-prepared written agreement to defend and indemnify the Owner for any liability, costs, and expenses incurred in asserting such confidentiality as part of your bid. The final determination as to whether the Owner will assert your claim of confidentiality on your behalf shall be sole discretion of the Owner.

F. This Agreement shall not be interpreted in favor of any Party by virtue of said Party not having prepared this Agreement.

G. If any time period provided for in this Agreement ends on the day other than a Business Day, the time period shall be extended to the next Business Day.

IN WITNESS WHEREOF, Owner and Contractor have caused this Agreement to be executed the day and year first above written.

Date
ATTEST:

Lucille L. Mallonee
City Clerk
APPROVED AS TO FORM:

William A. Vaughn
City Attorney
Date
(Seal if Corporation)
By: ------ ----- ----- Authorized Representative of Owner Title: ----- ----- ------
By: ---------------- Authorized Representative of Contractor Title: ---- --------- ---
(Attach Acknowledgement for Authorized Representative of Contractor) 20 LOsBanos
Al the Crossroads of California
Agenda Staff Report
TO: Mayor Llanez & City Council Members
FROM: Charles Bergson, Public Works Director/
William A Vaughn, City Attorney
DATE: March 20, 2024
SUBJECT: RESOLUTION NO. __ APPROVING THE SPECIAL PROJECT AGREEMENT FOR THE . DEVELOPMENT OF A SINGLE

GROUNDWATER SUSTAINABILITY PLAN FOR THE DELTA-MENDOTA
SUBBASIN; AND APPROVING THE MEMORANDUM OF AGREEMENT

AMONG THE DEL TA-MENDOTA SUBBASIN GROUNDWATER
SUSTAINABILITY AGENCIES; AND APPROVING THE FIRST

AMENDED MEMORANDUM OF UNDERSTANDING BETWEEN THE

CITY OF LOS BANOS GROUNDWATER SUSTAINABILITY AGENCY

AND THE SAN JOAQUIN RIVER EXCHANGE CONTRACTORS

GROUNDWATER SUSTAINABILITY AGENCY
TYPE OF REPORT: Consent
Recommendation:

Staff recommends that the City Council acting as the City of Los Banos Groundwater Sustainability Agency adopt Resolution No. __

APPROVING THE SPECIAL PROJECT AGREEMENT FOR THE DEVELOPMENT OF

A SINGLE GROUNDWATER SUSTAINABILITY PLAN FOR THE DELTA-MENDOTA SUBBASIN; AND APPROVING THE MEMORANDUM OF AGREEMENT AMONG THE DELTA-MENDOTA SUBBASIN GROUNDWATER SUSTAINABILITY AGENCIES; AND

APPROVING THE FIRST AMENDED MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF LOS BANOS GROUNDWATER SUSTAINABILITY AGENCY

AND THE SAN JOAQUIN RIVER EXCHANGE CONTRACTORS GROUNDWATER

SUSTAINABILITY AGENCY
21 Background
In September of 2014, the State of California enacted the Sustainable Groundwater Management Act of 2014 (SGMA), which changed the landscape of groundwater management in California. SGMA is a comprehensive package of legislation that sets the framework for statewide sustainable groundwater management and declares that such authority be given to local. public agencies that have either water supply or land use authority, or both.

The main goal of SGMA is to achieve sustainable groundwater basins, enhance local management of the groundwater consistent with rights to use or store groundwater and establish standards for effective and continuous management of groundwater.

Implementation of SGMA is to be achieved through the formation of Groundwater Sustainability Agencies ("GSAs") and through preparation and implementation of Groundwater Sustainability Plans ("GSPs"). GSAs are the local agencies responsible for the development and implementation of . the Groundwater Sustainability Plans (GSPs), ultimately aimed at ensuring groundwater sustainability over a 20-year implementation period. GSPs are focused ori the development and implementation of . long-term groundwater sustainability programs, plans and practices over a 50-year planning horizon.

The City of Los Banos is located within the Delta-Mendota Subbasin. The DeltaMendota Subbasin covers an area of approximately 1, 170 square miles along the west side of the San Joaquin River from the Sacramento-San Joaquin Delta to the Mendota Pool. The Delta-Mendota Subbasin has been designated by the California Department of Water Resources to be in a condition of "critical overdraft." Pursuant to SGMA, groundwater subbasins in this category were required to develop and adopt GSPs by January 31, 2020.

On January 18, 2017, the City Council adopted a resolution that authorized the City of Los Banos ("City") to serve as a GSA. The Delta-Mendota Subbasin consists of a total of twenty-three (23) GSA's.

On November 7, 2018, the City approved a Memorandum of Understanding between the City and the San Joaquin River Exchange Contractors Water Authority Groundwater Sustainability Agency ("SJRECGSA") with Respect to Implementation of the Sustainable Groundwater Management Act in a Portion of the Delta-Mendota Subbasin.

In accordance with the 2018 MOU, on December 4, 2019, acting in its capacity as a GSA, the City Couneil • adopted the San Joaquin • River Exchange Contractors Groundwater Sustainability Plan (SJRECGSA GSP). The SJRECGSA GSP included a chapter dedicated to the Los Banos GSA.

The SJRECGSA GSP was one of six Groundwater Sustainability Plans adopted for the Delta-Mendota Subbasin. Pursuant to a Coordination Agreement, SJRECGSA, Los 22 Banos GSA, and more than 20 additional GSAs agreed to adopt multiple GSPs for the Delta-Mendota Subbasin. As a result the GSAs (23 separate parties) within the DeltaMendota Groundwater Subbasin developed and adopted six separate but coordinated GSPs for the subbasin.

In January 2022, the California Department of Water Resources (DWR) deemed the SJRECGSA GSP, along with the five other GSPs adopted for the Delta-Mendota Subbasin, did not satisfy SGMA requirements. On July 6, 2022, the City, in its capacity as the Los Banos GSA, adopted a First Amended SJRECGSA GSP to satisfy deficiencies identified by the State of California ("State"). All other GSPs adopted the amendment to comply with the State's recommendation.

In March of 2023, the State deemed the first amendment insufficient to meeting SGMA requirements. Pursuant to SGMA, the State Water Resources Control Board now has the authority to deem the Delta-Mendota Subbasin to be "probationary" and subject to State Intervention. SWRCB has tentatively established September 2024 as the date by which it will hold a public hearing to declare the Delta-Mendota Subbasin to be in probationary status.

Discussion
Special Project Agreement ("SPA"). In an effort to avoid the State deeming the DeltaMendota Subbasin in probationary status, GSAs located within the Delta-Mendota Subbasin are pursuing adoption and implementation of a single GSP for the entire Delta-Mendota Subbasin. The GSAs in the Delta-Mendota Groundwater Subbasin would like to continue to manage the subbasin locally in · lieu of State Water Board Intervention, if possible, and approval of the Special Project Agreement is necessary to expedite preparation of the single GSP to address the identified plan deficiencies, so that it is ready and possibly adopted in advance of the proposed September 2024 probationary hearing date.

Memorandum of Agreement ("MOA"). With only one GSP for the Delta-Mendota Groundwater Subbasin, the GSAs will no longer need the existing coordination agreement which is only required for basins with multiple GSPs. The Memorandum of Agreement Among the Delta-Mendota Subbasin Groundwater Sustainability Agencies ("MOA"), was approved by the Coordination Committee on November 13, 2023, and will replace the existing Coordination Agreement and become effective upon approval of the single GSP by the GSAs. The MOA will govern and clarify the responsibilities of the GSAs under SGMA and the single GSP and coordinate the work and management of the subbasin.

The MOA includes a commitment to the development and maintenance of a Subbasin level monitoring network, and a coordinated data management system as well as an "Adaptive Management Framework," to be used by the GSAs to address groundwater level minimum threshold exceedances which will be further defined with the development and implementation of the single GSP.
23 First Amended Memorandum of Understanding (MOU"). The previous Coordination Agreement (which was statutorily required to harmonize the various GSPs within the Subbasin) will be voided upon adoption of the Single GSP. In place of the Coordination Agreement will be the Basin-Wide MOA, which establishes a Coordination Committee.

The Coordination Committee will handle much of the technical and procedural elements necessary to implement SGMA. Just like SJRECGSA represented its GSP partners under the previous Coordination Agreement structure, the SJRECGSA propose to represent the same GSAs on the Coordination Committee.

Implementing SGMA on a basin-wide basis will require costs to be spread across all GSAs. • Under the Coordination Committee approach, only Coordination Committee representatives (here the SJRECGSA) are responsible for payment under the Basin Wide MOU. The attached MOU provides a mechanism to flow through a small increment of those costs from SJRECGSA to the GSAs that sign the proposed MOU . .References to the individual GSP Chapters under the SJRECGSA GSP are no longer correct. The entire basin will now be subject to one GSP, and the proposed MOU ensures that all parties previously covered under the SJRECGSA GSP agree to transition to the single GSP.

Fiscal Impact
The Special· Project Agreement ("SPA") details the cost-sharing allocation for the participating GSAs, of which there are seven. The SJRECGSA's allocation of 16.7% ($233,976) of the total $1,401,052, plus additional costs for support services as mentioned in the SPA. Of that 16.7%, as per the MOU Los Banos GSA's portion would be 2% or approximately $4,679.52.

Conclusion
Staff recommends that the City Council adopt Resolution No. __ Reviewed by:

Vanessa Portillo, Finance Director
24 RESOLUTION NO. __

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

AS THE CITY OF LOS BANOS GROUNDWATER SUSTAINABILITY AGENCY

APPROVING THE SPECIAL PROJECT AGREEMENT FOR THE DEVELOPMENT OF

A SINGLE GROUNDWATER SUSTAINABILITY PLAN FOR THE DELTA-MENDOTA SUBBASIN; AND APPROVING THE MEMORANDUM OF AGREEMENT AMONG

THE DELTA-MENDOTA SUBBASIN GROUNDWATER SUSTAINABILITY
AGENCIES; AND APPROVING THE FIRST AMENDED MEMORANDUM OF

UNDERSTANDING BETWEEN THE CITY OF LOS BANOS GROUNDWATER

SUSTAINABILITY AGENCY AND THE SAN JOAQUIN RIVER EXCHANGE

CONTRACTORS GROUNDWATER SUSTAINABILITY AGENCY
WHEREAS, in 2014, the State of California enacted the Sustainable Groundwater Management Act ("SGMA"), which established a new structure for managing groundwater in California. SGMA is a comprehensive package of legislation that . sets the framework . for statewide sustainable groundwater management . and declares that such authority be given to local public agencies that have either water supply or land use authority, or both. •
WHEREAS, the main goal of SGMA was to achieve sustainable groundwater basins, enhance local management of the groundwater consistent with rights to use or store groundwater and establish standards for effective and continuous management of groundwater; and
WHEREAS, implementation of SGMA was achieved through the formation of Groundwater Sustainability Agencies ("GSAs") and through preparation and implementation of Groundwater Sustainability Plans ("GSPs"); and WHEREAS, on January 18, 2017, the City Council adopted a resolution that authorized the City of Los Banos ("City") to serve as a GSA; and WHEREAS, on November 7, 2018, the City approved a Memorandum of Understanding between the City and the San Joaquin River Exchange Contractors Water Authority Groundwater Sustainability Agency ("SJRECGSA") with Respect to Implementation of the Sustainable Groundwater Management Act in a Portion of the Delta-Mendota Subbasin; and
WHEREAS, in accordance with the 2018 MOU, on December 4, 2019, acting in its capacity as a G_SA, the . City _Council adopted the San Jo~quin River. Exc~ange Contractors Groundwater Sustainability Plan (SJRECGSA GSP). The SJRECGSA GSP included a chapter dedicated to the Los Banos GSA; and WHEREAS, the SJRECGSA GSP was one of six Groundwater Sustainability Plans adopted for the Delta-Mendota Subbasin. Pursuant to a Coordination Agreement, SJRECGSA, Los Banos GSA, and more than 20 additional GSAs agreed 25 to adopt multiple GSPs for the Delta-Mendota Subbasin. As a result the GSAs (23 separate parties) within the Delta-Mendota Groundwater Subbasin developed and adopted six separate but coordinated GSPs for the subbasin; and WHEREAS, in January 2022, the California Department of Water Resources (DWR) deemed the SJRECGSA GSP, along with the five other GSPs adopted for the Delta-Mendota Subbasin, did not satisfy SGMA requirements. On July 6, . 2022, the City, in its capacity as the Los Banos GSA, adopted a First Amended SJRECGSA GSP to satisfy deficiencies identified by the State of California ("State"). All other GSPs adopted the amendment to comply with the State's recommendation; and WHEREAS, in March of 2023, the State deemed the first amendment insufficient to meeting SGMA requirements. Pursuant to SGMA, the State Water Resources Control Board now has the authority to deem the Delta-Mendota Subbasin to be "probationary" and subject to State Intervention. SWRCB has tentatively established September 2024 as the date by which it will hold a public hearing to declare the DeltaMendota Subbasin to be in probationary status.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Los Banos acting as the City of Los Banos Groundwater Sustainability Agency hereby approves the Special Project Agreement for the Development of a Single Groundwater Sustainability Plan for the Delta-Mendota Subbasin attached hereto as Exhibit "A"; and the Memorandum of Agreement among the Delta-Mendota Subbasin Groundwater Sustainability Agencies attached hereto as Exhibit "B"; and the First Amended Memorandum of Understanding between the City of • Los Banos Groundwater Sustainability Agency and the San Joaquin River Exchange Contractors Groundwater Sustainability Agency attached hereto as Exhibit "C".

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 20th day of March 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:

ABSTAIN:

APPROVED:

Paul Llanez, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
26 EXHIBIT A
27 SAN LUIS & DELTA-MENDOTA WATER AUTHORITY

SUSTAINABLE GROUNDWATER MANAGEMENT ACT (SGMA)

DEVELOPMENT OF A SINGLE GROUNDWATER SUSTAINABILITY PLAN FOR

THE DELTA-MENDOTA SUBBASIN

SPECIAL PROJECT AGREEMENT
THIS SPECIAL PROJECT AGREEMENT (this "Special Project Agreement") is entered into this 24th day of July, 2023 (the "Effective Date"), by and among (i) San Luis & DeltaMendota Water Authority (the "Authority"); and (ii) the "Special Project Participants" identified on Exhibit "A", which is attached hereto and incorporated herein by this reference.

The Authority and the Special Project Participants may be collectively referred to herein as the "Parties" or individually as a "Party."

RECITALS
WHEREAS, in order to efficiently coordinate among the large number of groundwater sustainability agencies ("GSAs") in the Delta-Mendota Subbasin ("Subbasin"), the GSAs desire to develop and adopt one ·groundwater sustainability plan ("GSP") for the Subbasin to support sustainable management of the Subbasin in compliance with the Sustainable Groundwater Management Act ("SGMA"); and
WHEREAS, the purpose of this Special Project Agreement is to provide the contractual basis for its signatories to utilize the resources of the Authority to allow for coordinated access to administrative resources, technical resources, and other services, and to provide mechanisms for sharing the benefits and expenses of obtaining such resources for the purpose of developing a single GSP for the Subbasin to comply with SOMA; and
WHEREAS, the Authority and several of the Special Project Participants-Del Puerto Water District ("DPWD"), Patterson Irrigation District ("PID"), West Stanislaus Irrigation District ("WSID"), Oak Flat Water District ("OFWD"), City of Patterson, Merced County, and Stanislaus County, are also parties to that certain Northern Delta-Mendota Region Sustainable Groundwater Management Act Services Activity Agreement, dated August 30, 2021, as. amended ("Northern DM SOMA Activity Agreement"); and
WHEREAS, the Authority and several of the Special Project Participants-San Luis Water District ("SL WD"), Panoche Water District, Tranquillity Irrigation District ("TIO"), Fresno Slough Water District ("FSWD''), Eagle Field Water District ("EFWD"), Pacheco Water District ("Pacheco WD"), Mercy Springs Water District ("MSWD"), Santa Nella County Water District ("SNCWD"), Fresno County, Merced County, Widren Water District ("Widren WD"), and Oro Loma Water District ("OL WD"), are also parties to that certain Central Delta-Mendota Region Sustainable Groundwater Management Act Services Activity Agreement, dated November 1, 2018, as amended (the "Central DM SOMA Activity Agreement"); and WHEREAS, like this Special Project Agreement, a purpose of the Northern DM SOMA 3357304vll /21603.0005
28 Activity Agreement and the Central DM SGMA Activity Agreement (the "Activity Agreements"), is to provide a contractual basis for its participants to realize coordinated access to the administrative and technical resources of the Authority, and to provide a mechanism for sharing the benefits and expenses of obtaining such resources; and WHEREAS, Section 16 of each of the Activity Agreements provides that participants may enter into a Special Project Agreement to achieve any of the purposes or activities authorized by the Activity Agreement and to share in the expenses and costs of such activity; and WHEREAS, pursuant to that certain Delta-Mendota Subbasin Coordination Agreement effective December 12, 2018, entered into by all of the GSAs in the Delta-Mendota Subbasin, Parties that are not Activity Participants, as defined in the Activity Agreements, may enter into a cost sharing agreement with the Authority for the performance of designated functions; and WHEREAS, the Special Project Participants each desire to enter into this Special Project Agreement with the Authority for the purposes of identifying a methodology for sharing single GSP development expenses, consistent with the Coordination Agreement and as appropriate, the Activity Agreements, and pursuant to the terms described herein.

NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, in the Coordination Agreement and Activity Agreements, and the above stated Recitals, which are deemed true and correct and incorporated herein, the Parties hereto agree as follows:

1. Title. The title of this special project is "Delta-Mendota Subbasin Single GSP Development Project" (the "Special Project").

2. Funding Source. The Authority shall provide accounting and billing services to collect from the Special Project Participants in accordance with this Special Project Agreement, all applicable terms of the Coordination Agreement, and as appropriate, the Activity Agreements_.

3. Funding Shares. Costs for single GSP development services provided by EKI Environment and Water, Inc. (EKI) will be divided by Special Project Participants based on shares approved by Coordination Committee members at the October 9, 2023 regular meeting of the Coordination Committee. The total approved funding amount for EKI's services to develop the single GSP is one million four hundred one thousand fifty-two and no/100 dollars ($1,401,052.00).

Additional support and coordination will be provided by Baker, Manock & Jensen, PC and Authority staff with such costs to be split proportionally by all Special Project Participants in compliance with this Special Project Agreement.

4. Description. EKI will coordinate gathering and compiling the necessary information and documents to address DWR' s "Inadequate Determination of the Revised 2020 Groundwater Sustainability Plans Submitted for the San Joaquin Valley Basin - Delta-Mendota Subbasin" dated March 2, 2023, in the development of the Special Project. The Parties agree EKI shall serve as the lead for this Special Project, and other consultants employed by GSAs in the Subbasin shall· assist by supplying EKl with requested information in as timely a manner as possible. Costs for the work of other GSA consultants shall be the sole responsibility of Delta-Mendota Subbasin Single GSP Development Project Special Project Agreement Page2 of9
3357304vll / 21603.0005
29 employing/contracting GSA.

5. Participation. The Authority will assist the Special Project Participants by soliciting and accepting a proposal from EKI. The Authority has previously entered into a master services agreement with EKI. The Authority will provide all administrative services to the Special Project Participants in accordance with the Coordination Agreement and as appropriate, the Activity Agreements. The Parties shall cooperate with each other to achieve the purposes of this Special Project Agreement.

6. Special Project Expense Share. The Special Project Participants sha11 pay, in shares as memorialized in Exhibit "B" attached hereto and incorporated herein by this reference, and as unanimously approved by all Coordination Committee members at the October 9, 2023 regular meeting, all of the expenses and costs of activities performed pursuant to this Special Project Agreement. The Special Project Participants agree that all expenses and costs incurred by the Authority under this Special Project Agreement are the expenses and costs of the Special Project Participants only, and not of the Authority or of any other party not participating in this Special Project.

7. Participation Obligations. The Special Project Participants shall hold the Authority, and all Authority members and other third-parties that are not participating in this Special Project Agreement, free and harmless from liability ·and shall indemnify each of them against any and all costs, losses, damages, claims and liabilities arising from performance of this Special Project Agreement.

8. Term and Termination. This Special Project Agreement shall commence upon execution by the Authority and all of the Special Project Participants, and remain in effect for the duration of the single GSP development process and performance of Special Project services. This Special Project Agreement shall terminate at the conclusion of implementation of the Special Project services pursuant to the submittal of a single GSP for the Delta-Mendota Sub basin to the State Water Resources Control Board.

9. Information Access. The Special Project Participants shall have reasonable access to all compiled data, draft documents, reports, records and other such information that is developed and submitted to the Authority as a part of the single GSP development.

I 0. Interpretation of Documents. As to matters addressed by this Special Project Agreement, in the event of any conflict or inconsistency between the terms of the Special Project Agreement and Coordination Agreement, or the terms of the Special Project Agreement and the Activity Agreements, this Special Project Agreement shall govern. All capitalized terms used herein and not otherwise defined shall have the meaning ascribed to them by the Coordination Agreement and/or Activity Agreements;
NOW, THEREFORE, the duly authorized undersigned representatives have executed this Special Project Agreement as of the Effective Date.

Delta-Mendota Subbasin Single GSP Development Project Special Project Agreement

3357304vl I / 21603.0005
30 IN WITNESS WHEREOF, the Parties have executed this Special Project Agreement as of the Effective Date.

Dated: ALISO WATER DISTRICT GSA ----------
Print Name: ----------- Print Title: - ----------
Dated: CENTRAL DELTA-MENDOTA GSA ----------
Print Name: ----------- Print Title: ------------
Dated: CITY OF DOS PALOS GSA --- -------
PrintName:_ -----------
Print Title: ------------
Dated: CITY OF FIREBAUGH GSA - ---------
Print Name: ----------- Print Title: - ----------
Dated: CITY OF GUSTINE GSA ----------
· Print Name: ----------- Print Title: ------------
Dated: CITY OF LOS BANOS GSA ----------
Print Name: -------- ---
Print Title: -----------
Delta-Mendota Subbasin Single GSP Development Project Special Project Agreement

3357304vl I / 21603.0005
31 Dated: - - - -------
Dated: - ---- - ----
Dated: ----------
Dated:

Dated: ----------
Dated: ----------
Dated: ----- -----

CITY OF MENDOTA GSA
Print Name: -------- ---
Print Title: - --- - -------

CITY OF NEWMAN GSA
Print Name: ---------- - Print Title: ------------

CITY OF PATTERSON GSA
Print Name: ----------- Print Title: - - ----- ----
COUNTY OF MADERA-3 GSA
Print Name: - - ---- ----- Print Title: - ----- --- --

COUNTY OF MERCED DELTA-MENDOTA
GSA
Print Name: ----------- Print Title: -----------

DMIIGSA
Print Name: --- -------- Print Title: ---- -------

FARMERS WATER DISTRICT GSA
Print Name: - - --------- Print Title: ---------- - -
Delta-Mendota Subbasin Single GSP Development Project Special Project Agreement

32 Dated: ----------
Dated: - ---------
Dated: - ---------
Dated: - ---------
Dated: ----------
Dated: ----------

FRESNO COUNTY MANAGEMENT AREA A
GSA
Print Name: __________ _
Print Title: __________ _

FRESNO COUNTY MANAGEMENT AREA B
GSA
Print Name: __________ _
Print Title: __________ _

GRASSLAND GSA
Print Name: __________ _
Print Title: __________ _

NORTHWESTERN DELTA-MENDOTA GSA
Print Name: ____ ______ _
Print Title: __________ _
Print Name: -------- --- Print Title: -----------

ORO LOMA WATER DISTRICT GSA
Print Name: __________ _
Print Title: - -----------

PATTERSON IRRIGATION DISTRICT GSA
Print Name: __________ _
Print Title: -----------
Delta-Mendota Subbasin Single GSP Development Project Special Project Agreement

3357304vl I /21603.0005
33 Dated: ----------
Dated: ------- - - -
Dated: ----------
Dated: ----------
Dated: - -------- -

SAN JOAQUIN RIVER EXCHANGE

CONTRACTORS WATER AUTHORITY GSA
Print Name: -----------
Print Title: -----------
TURNER ISLAND WATER DISTRICT-2 GSA
Print Name: ----------- Print Title: -------- ----

WEST STANISLAUS IRRIGATION DISTRICT
GSAl
Print Name: -----------
Print Title: ---------- -

WIDREN WATER DISTRICT GSA
Print Name: --- -------- Print Title: -----------

SAN LUIS & DELTA-MENDOTA WATER

AUTHORITY
Print Name: __________ _
Print Title: _________ _ _
Delta-Mendota Subbasin Single GSP Development Project Special Project Agreement

3357304vl I /21603.0005
34 1
2 3
4 5
6 7
EXHIBIT "A"
Special Project Participants
Special Project Participants
Aliso Water District GSA
Aliso Water District GSA
Farmers Water District GSA
Farmers Water District GSA
Fresno County Management Area A and B GSAs
Group
Fresno County Management Area A GSA
Fresno County Management Area B GSA
Central Delta-Mendota GSAs Group
Central Delta-Mendota GSA
Oro Loma Water District GSA
Widren Water District GSA
Northern Delta-Mendota GSAs Group
City of Patterson GSA

DM-JI GSA
Northwestern Delta-Mendota GSA
Patterson Irrigation District GSA
West Stanislaus Irrigation District GSA
Grassland GSAs Group
Grassland GSA
Merced County Delta-Mendota GSA
San Joaquin River Exchange Contractors GSAs
Group
San Joaquin River Exchange Contractors GSA
Delta-Mendota Subbasin Single GSP Development Project Special Project Agreement

35 r
EXHIBIT "B"
Cost-Sharing Allocation
GSA Group Acres Allocated
%
San Joaquin River Exchange Contractors GSA 291,069 16.70% Central Delta-Mendota GSAs Group 163,787 16.70%
Northern Delta-Mendota GSAs Group 152,140 16.70%
Grassland GSAs Group 104,137 15.20%
Aliso Water District GSA 26,636 12.70%
Fresno County Management Area A and B 22,519 11.00% GSAs Group Farmers Wate.r District GSA 2,214 11.00%
Total 762,502 100.00%
Scaled
Approach
$233,976
$233,976
$233,976
$212,960
$177,934
$154,116
$154,116
$1,401,052
Delta-Mendota Subbasin Single GSP Development Project Special Project Agreement

3357304vl I /21603.0005
Acreage
(%)

38.17%

21.48%

19.95%

13.66%

3.49%

2.95%

0.29%
36 EXHIBIT B
37 MEMORANDUM OF AGREEMENT

AMONG THE DELTA-MENDOTA SUBBASIN

GROUNDWATER SUSTAINABILITY AGENCIES
THIS MEMORANDUM OF AGREEMENT (this "MOA'') is entered into and shall be effective as of the date of full execution below (the "Effective Date"), by and among the groundwater sustainability agencies within the Delta-Mendota Subbasin listed in Exhibit "A" ( each a "Party" and collectively the "Parties") and the San Luis & Delta-Mendota Water Authority, which would be executing not as a Party, and is made with reference to the following facts:

RECITALS
A. WHEREAS, on September 16, 2014, Governor Jerry Brown signed into law Senate Bills 1168 and 1319 and Assembly Bill 1739, known collectively as the Sustainable Groundwater Management Act ("SGMA"); and
B. WHEREAS, SGMA requires all groundwater subbasins designated as high- or medium-priority by the California Department of Water Resources ("DWR") to manage groundwater in a sustainable manner; and
C. WHEREAS, the Delta-Mendota Subbasin (Basin Number 5-22.07, DWR Bulletin 118) within the San Joaquin Valley Groundwater Basin ("Subbasin"), has been designated as a high-priority, critically overdrafted basin by DWR; and D. WHEREAS, the Subbasin includes multiple groundwater sustainability agencies (each a "GSA" and collectively, the "GSAs") that initially managed the Subbasin through the development and implementation of six different groundwater sustainability plans; and E. WHEREAS, pursuant to the requirements of SGMA (Wat. Code § § 10720, et seq.) and DWR's SGMA regulations (23 Cal. Code Regs., §§ 350, et seq.), and in recognition of the need to sustainably manage the groundwater within the Subbasin, the Parties entered into that certain Delta-Mendota • Subbasin Coordination . Agreement effective December 12, · 2018 ("Coordination Agreement"), to outline the Parties' obligations and responsibilities regarding SGMA coordination in . the Subbasin among the multiple GSAs and multiple groundwater sustainability plans; and
F. WHEREAS, after an approximately two-year review, DWR determined that the coordinated groundwater sustainability plans in the Subbasin were "incomplete" on January 21, 2022, and required that· the groundwater sustainability plans be revised to address certain corrective actions by July 20, 2022; and
G. WHEREAS, the Parties did so timely revise and re-submit the amended groundwater sustainability plans to DWR; however, those groundwater sustainability plans, even after revision, were deemed "inadequate" under SGMA by DWR on March 2, 2023; and 334957lvll /21603.0005 1
38 H. WHEREAS, the Parties understand that upon DWR's determination that a groundwater sustainability plan is inadequate, SGMA authorizes the State Water Resources Control Board ("State Water Board") to seek to intervene and exercise jurisdiction over the affected subbasin; and
I. WHEREAS, the Parties would like to be able to continue to manage the Subbasin locally in lieu of intervention by the State Water Board if possible; and J. WHEREAS, in order to efficiently coordinate among the large number of GSAs in the Subbasin, the GSAs now desire to adopt one groundwater sustainability plan ("GSP") for the Subbasin; and
K. WHEREAS, if there is only one GSP for the Sub basin, then the GSAs no longer need the Coordination Agreement, as defined by SGMA; and L. WHEREAS, the GSAs desire to enter into this MOA to coordinate the work and management of the Subbasin and clarify responsibilities of the respective GSAs, in accordance with SGMA; and . . . . . . . . . . . . . . . . .

M. WHEREAS, the Coordination Agreement shall remain binding and in effect until all Parties have approved a single GSP for the Sub basin, at which time the Coordination Agreement shall automatically terminate, and this MOA shall become operative as provided in Section 12.2.

NOW, THEREFORE, in consideration of the Recitals, which are deemed true and correct and incorporated herein, and of the covenants, terms and conditions set forth herein, the Parties hereto agree as follows: •

ARTICLE I- DEFINITIONS

1.1 "Coordination Committee" shall mean the committee of GSA Representatives or GSA Group Representatives established pursuant to this MOA.

1.2 "Coordinated Plan Expenses" are those Subbasin-wide Activities expenses that are shared equally amongst the Coordination Committee members, in accordance with the Participation Percentages.

1.3 "DWR" shall mean the California Department of Water Resources.

1.4 "Effective Date" shall be as set forth in the Preamble.

1.5 "GSA" shall mean a groundwater sustainability agency established in accordance with SGMA and . its associated regulations, and "GSAs" shall mean more than one such groundwater sustainability agency. Each Party is a GSA.

1.6 "GSA Representative" shall refer to the representative of a single GSA that holds a single seat on the Coordination Committee.
334957lvl l /21603 .0005 2
39 1. 7 "GSA Group Representative" shall refer to the representative of a group of GSAs that share a single seat on the Coordination Committee.

1.8 "GSP" shall mean the single Delta-Mendota Subbasin Groundwater Sustainability Plan.

1.9 "MOA" shall mean this Memorandum of Agreement by and among the Parties.

1.10 "Participation Percentages" shall mean that percentage of Coordinated Plan Expenses allocated to each GSA or GSA Group as described on Exhibit "B" to this MOA, which is attached and incorporated by reference herein, as updated from time to time, but not more frequently than annually.

1.11 "Party" or "Parties" shall mean a GSA or in the plural, two or more GSAs within the Subbasin, who are signatories tci this MOA.

1.12 "Plan Manager" shall mean an entity or individual, appointed at the pleasure of the Coordination Committee, or as provided in Article Ill of this MOA, to perform the tole of the Plan Manager to serve as the point of contact to DWR and/or the State Water Board. l. 13 "San Luis & DeJta:..Mendota Water Authority" or "SLDMWA" shall mean the San Luis & Delta-Mendota Water Authority, a California joint powers agency.

1.14 "SGMA" shall mean the Sustainable Groundwater Management Act, as amended from time to time, commencing at Water Code section . 10720, together with its implementing regulations applicable to groundwater sustainability plans, set forth at California Code of Regulations, Title 23, Division 2, Chapter 1.5, Subchapter 2.

1.15 "SGMA Definitions" shall mean those SGMA-specific definitions provided by statute or regulation; in the event of any inconsistency between a term defined in this MOA and a SOMA-specific definition, the definition contained in this MOA shall prevail.

1.16 "State Water Board" shall mean the California State Water Resources Control Board.

1.17 "Subbasin" shall mean the Delta-Mendota Subbasin (Basin Number 5-22.07, DWR Bulletin 118) within the San Joaquin Valley Groundwater Basin.

1.18 "Subbasin-wide Activities" shall mean those activities or actions that affect the Subbasin as a whole or are otherwise required by SGMA to be determined at the Subbasin level and as defined by a unanimous vote of the Coordination Committee. An initial list of Subbasin- .wide Activities is identified in Exhibit "D".

1.19 "Water Year" shall mean the period from October 1 through the following September 30.
3349571vl l /21603.0005 3
40 ARTICLE II- PURPOSE & KEY PRINCIPLES ·

2.1 Purpose. The Parties shall continue to work together in mutual cooperation to develop the GSP in compliance with SGMA, for the sustainable management of the Subbasin.

Once adopted, each Party hereto shall implement the terms and conditions of the GSP within their respective GSA territories.

2.2 Collaboration. The Parties intend to mutually cooperate to adopt a single GSP for the Subbasin, and to implement the GSP within their respective GSA territories.

2.3 Each Party's Rights. This MOA shall not limit or interfere with any Party's rights or authorities over its own internal matters, including, but not limited to, a Party's legal rights to surface water supplies and assets, groundwater supplies and assets, facilities, operations, water management and water supply matters. Nothing in this MOA is intended to modify or limit a Party's police powers, land use authorities, or any other authority, including the authority to pursue a comprehensive groundwater adjudication or other alternative SGMA compliance strategy, should the Party deem it to be in its best interest to do so.

2.4 Participation Percentage. Each Party shall pay its proportionate share of the Participation Percentage, to cover coordinated Subbasin-wide Activities, set forth on Exhibit "B," as said Exhibit "B" may be modified from time to time in accordance with Section 4.6(b ). Participation Percentage financial contributions shall be treated in accordance with the provisions of Article III.

2.5 Management and GSP Implementation. It is the responsibility and obligation of each Party to this MOA, and any applicable separate agreements, to manage its own GSA and implement the GSP within its GSA's boundaries. It is further the responsibility and obligation of each Party to pay its proportionate share of the Participation Percentage and other payments required as part of implementation of SGMA Subbasirt-wide Activities, as may arise from time to time.

ARTICLE III- ROLE OF SLDMWA
3 .1 Agreement to Serve. By executing this MOA, not as a Party, SLDMW A agrees to carry out the functions described in this Article III and its subparts consistent with the terms of this Article and under the direction and supervision of the Coordination Committee, subject to the reimbursement and the termination provisions contained in thisArticle. (a)· Secretary. SLDMWA agrees to perform the obligations of the Secretary described in this MOA, by delegation to one or more of its employees or to a consultant under contract to the SLDMW A.
(b) Plan Manager. SLDMWA agrees to perform the obligations of the Plan Manager described in this MOA, by delegation to one or more of its employees or to a consultant under contract to SLDMW A.

3.2 Fiscal Management by SLDMWA and · Reimbursement to SLDMWA.

SLDMW A will provide necessary financial and administrative support services contemplated by 334957lvl 1 /21603.000S 4
41 this MOA, including, but not limited to: holding financial contributions made in accordance with the Participation Percentages, accounting for funds held by SLDMWA, reports as requested by the Coordination Committee members concerning funds held, and disbursing said funds for authorized purposes.
(a) Coordination Committee members shall make Participation Percentage contributions required pursuant to this MOA directly to SLDMWA. (b) SLDMW A shall maintain a strict accountability of all funds contributed pursuant to this MOA. SLDMW A shall establish and maintain such accounts to provide for segregation of funds as may be required by good accounting practice. The books and records of SLDMW A pertaining to funds held and expended pursuant to this MOA shall be open to inspection at reasonable times by any entity that has made a contribution.

SLDMW A shall provide an unaudited report of all financial activities for each fiscal year to each Party that has made a contribution during that fiscal year within 60 days after the close of each fiscal year.
( c) SLDMW A shall be authorized to expend funds upon authorization of the Coordination Committee, as provided for in this MOA.
( d) Upon mutual agreement of SLDMW A and each entity obligated to contribute funds pursuant to the Participation Percentages, SLDMWA and the Parties may execute a further agreement concerning fiscal responsibilities not inconsistent with the terms· described herein.

3.3 Termination of SLDMWA's Services. Either the Parties acting through the Coordination Committee or SLDMW A, at any time, may terminate the services being provided by SLDMW A pursuant to this MOA upon thirty (30) days' written notice, if from SLDMW A; to the Coordination Committee; and if from the Coordination Committee, to SLDMW A.

ARTICLE IV-COORDINATION COMMITTEE

4.1 Coordination Committee. •
(a) The Parties agree to establish a Coordination Committee to perform the functions set forth in this Section 4 in accordance with the voting procedures and requirements set forth herein. Recommendations from the Coordination Committee that require approval or action of each GSA within the Subbasin shall be provided to each Party's respective governing boards for adoption, approval or other recommended action. (b) The Coordination Committee will consist of a total of seven (7) voting members to represent the Subbasin and shall be comprised of the representative of a GSA ("GSA Representative") or a group of GSAs (a "GSA Group Representative"), as identified on Exhibit "B." Each GSA Representative or GSA Group Representative shall have one Alternate Representative authorized to vote in the absence of the GSA Representative or GSA Group Representative, a:s applicable. 334957lvl I /21603.0005 5
42 ( c) Individuals serving on the Coordination Committee· as a GSA Representative or GSA Group Representative shall be selected by each respective GSA or GSA Group at the discretion of that particular GSA or GSA Group, and such appointments shall be effective upon providing written notice to the Secretary. ( d) The Coordination Committee will recognize each GSA Representative or GSA Group Representative and their applicable Alternative Representatives until such time as the Secretary is provided written notice of removal and replacement of said Representative.
(e) Minutes of the Coordination Committee will be prepared and maintained by the Secretary as set forth in Article 4.4(b ).

4.2 Representation. Each Party understands its participation, as more fully set forth in Article IV of this MOA, is based on representation on the Coordination Committee. It is the responsibility and obligation of each Party under this MOA to develop its manner of selecting its respective Coordination Committee.Representative and Alternate Repr~sentative, For purposes of this MOA, it is assumed that each Coordination Committee Representative has been authorized by the Parties in their respective GSA or GSA Group to participate as described herein.

4.3 Non-Entity Status. The Parties acknowledge and agree that the Coordination Committee created by this MOA does not create a legal entity with power to sue or be sued, to enter into contracts, to enjoy the benefits or accept the obligations of a legal entity, or to exercise any legal authority. The Coordination Committee is not a GSA.

4.4 Coordination Committee Officers. The Officers of the Coordination Committee will include a Chair, Vice Chair, and the Secretary. Except where the Parties have named such Officer in Article III of this MOA, Officers shall be selected at the initial meeting of the Coordination Committee or as soon thereafter as reasonably can be accomplished. (a) Chair and Vice Chair. Any GSA Representative or GSA Group Representative may serve as the Chair. The Vice Chair, who shall also be a GSA Representative or GSA Group Representative, shall· serve in the absence of the Chair. In the absence of both the Chair and Vice Chair, a meeting may be led by an Acting Chair, selected on an ad hoc basis, who is a member of the Coordination Committee.

The positions of Chair and Vice Chair shall rotate among the GSA Representative and GSA Group Representatives on the Coordination Committee on an annual basis according to alphabetical order, by name of the GSA or GSA Group, with the first rotation. beginning on the date the first Chair is selected. The schedule for annual rotation of Chair and Vice Chair will be set at the first meeting after the Chair is appointed and reviewed and rotated animally at the first meeting of the Water Year. Any GSA Representative or GSA Group Representative may waive designation as Chair. In such a case, the office of Chair would rotate to the next designated entity. {b} • Secretary. By a simple majority vote, the Coordination Committee shall select a Secretary to carry out the functions described in this Article 4.4(b ), to serve at the 3349571vl I /21603.0005 6
43 pleasure of the Coordination Committee. The Secretary may, but need not, be a Party to this MOA. Notwithstanding the requirement for a majority vote of the Coordination Committee to appoint a Secretary, SLDMW A is hereby designated to serve as the initial Secretary. Termination of SLDMWA's services is subject to Article 3.3.

The Secretary shall select an appointee (who may be SLDMW A staff or a consultant contracting with SLDMWA) to implement the Secretary's responsibilities under this MOA, for example, to coordinate meetings; prepare agendas; circulate notices and agendas; provide written notice to all Parties that the Coordination Committee has made a recommendation requiring approval by the Parties; prepare and maintain minutes of meetings of the Coordination Committee; receive notices on behalf of the Coordination Committee and call to the Coordination Committee's attention the need for responding; and provide such other assistance in coordination as may be appropriate. the Secretary shall assume primary responsibility for Ralph M. Brown Act compliance, including without limitation, the responsibility to prepare an agenda and notices, publicly post and distribute. agendas to all . Coordination . Committee Representatives and Alternate Representatives, the Parties, and any other person who requests, • in writing, such notices. The agenda shall be of adequate detail to inform the public and the Parties of the meeting and the matters to be transacted or discussed and shall ·be posted in a public location and distributed to each ·of the Parties to this MOA in compliance with the noticing requirements of the Ralph M. Brown Act.

4.5 Plan Manager. By a simple majority vote of Coordination Committee members pres.ent, the Coordination Committee shall select a Plan Manager, who may be a consultant hired by the Secretary, as directed by the action of the Coordination Committee pursuant to this MOA, the representative of an entity that has been selected as Secretary, or a public agency serving as or participating in a GSA that is a Party to this MOA, and who shall serve as the point of contact for DWR as specified by SGMA. Notwithstanding the requirement for a majority vote of the Coordination Committee to appoint a Plan Manager, SLDMW A is hereby designated as the initial Plan Manager, to serve at the pleasure and direction of the Coordination Committee, pursuant to Article III above.

The Plan Manager shall carry out the duties of a "plan manager" as provided in Title 23, division 2, Chapter 1.5, Subchapter 2, California Code of Regulations.

The Plan Manager has no authority to make policy decisions or represent the Coordination Committee without the specific direction of the Coordination Committee. The Plan Manager is obligated to disclose all substantive communications he/she transmits and receives in his/her capacity as Plan Manager to the Coordination Committee.

4.6 Coordination Committee Authorized Actions. The Coordiriation Committee is authorized to act upon the following enumerated items:
(a) By a simple majority vote of Coordination Committee members present at a regular or special meeting, the Coordination Committee shall.review and approve:
3349571vl l /21603.0005 7
44 (i) recommendation(s) to the GSAs for approving any technical analyses; (ii) updating of technical analyses as needed;
(iii) developing budgets for Subbasin-wide Activities;
(iv) providing assistance with grants and with coordinated projects and programs;
(v) assigning work to subcommittees and workgroups as needed, providing guidance and feedback, and ensuring that subcommittees and workgroups prepare work products in a timely manner; and
(vi) providing direction to its Officers concerning other administrative and ministerial issues necessary for the fulfillment of the above-enumerated tasks.
(b) By a unanimous vote of Coordination Committee members, the Coordination Committee shall review and approve:
334957lvl l /21603.0005
(i) determination of Subbasin-wide Activities, which are infria0y described • in Exhibit "D", but may be modified by the Coordination Committee from time to time;
(ii) submittal of annual reports; •
(iii) a representative monitoring network;
(iv) final budgets;
(v) submittal of five-year updates;
(vi) revisions to this MOA;
(vii) adding new Parties to this MOA;
(viii) workplans;
(ix) annual estimates· of Coordinated Plan Expenses presented by the Secretary and any updates to such estimates, in accordance with the budgetary requirements of the respective Parties; provided, that such estimates or updates with supporting documentation shall be circulated to all Parties for comment at least thirty (30) days in advance of the meeting at which the Coordination Committee will consider approval of the annual estimate;
(x) directing the Plan Manager in the performance of its duties under SGMA;and
(xi) the hiring of consultants . for Sub basin-wide Activities, providing direction to and supervision over consultants engaged to assist in acquiring and processing technical data, conducting monitoring and reporting, and all other activities in support of Subbasin-wide Activities. 8 45

4.7 Coordination Committee Limitations. When the terms of this MOA or applicable law require the approval of a GSA (such as approval of the GSP, acceptance of an annual report, or approval of a five-year update), that approval shall be required and evidenced as indicated in Article V of this MOA. The Coordination Committee is not a separate GSA and shall not be responsible for approving the GSP, any annual report, or any five-year update thereto; each GSA retains responsibility for such approvals. The Coordination Committee may make recommendations to the Parties for approval of the GSP, an annual report, or any five-year update of the GSP. •

4.8 Subcommittees and Workgroups. The Coordination Committee may appoint ad hoc or standing subcommittees, workgroups, or otherwise direct staff made available by the Parties. Such subcommittees or workgroups may include qualified individuals possessing the knowledge and expertise to advance the goals of the GSP on the topics being addressed by the subcommittee, whether or not such individuals are GSA Representatives, GSA Group Representatives or Alternate Representatives.

4.9 Coordination Committee.Meetings.
(a) Timing and Notice. The Chair of the Coordination Committee, any two GSA Representatives or GSA Group Representatives, or the Secretary may call meetings of the Coordination Committee as needed to carry out the activities described in this MOA.

The Coordination Committee may, but is not required to, set a date for regular meetings for the purposes described in this MOA. All Coordination Committee meetings shall be held in compliance with the Ralph M. Brown Act (Gov. Code § 54950 et seq.). (b) Quorum. A majority of the Coordination Committee members, as listed on Exhibit "B", shall constitute a quorum of the Coordination Committee for purposes of holding a meeting. The Alternate Representative of each GSA or GSA Group shall be counted towards a quorum and as the voting representative(s) in absence of the Coordination Committee GSA Representative or GSA Group Representative for which the Alternate Representative was appointed. If less than a quorum is present, no action may be taken.
( c) Open Attendance. Members of the public, stakeholders, and representatives of the Parties who are not appointed as a GSA Representative or GSA Group Representative on the Coordination Committee may attend all Coordination Committee meetings and shall be provided with an opportunity to comment on matters on the meeting agenda, but shall have no vote .
. (d) Minutes. The Secretary's appointee shall keep and prepare minutes of all Coordination Committee meetings. Notes of subcommittee and workgroup meetings shall be kepf by the Secretary's appointee or an assistant to the appointee. All minutes and subcommittee and workgroup meeting notes shall be maintained by the Secretary as Subbasin records and shall be available to the Parties and the public upon request. 3349571vl l /21603.0005 9
46 4:10 Voting by Coordination Committee.
(a) Each GSA Representative or GSA Group Representative that is a member of the Coordination Committee shall be entitled to one (1) vote at the Coordination Committee meetings. For GSAs represented by a GSA Group Representative, it shall be up to the Parties in that GSA Group to determine how the GSA Group vote will be cast.

The Coordination Committee shall not be obligated to honor the vote of an individual Party and will only accept the vote of the GSA Representative or GSA Group Representative or Alternate Representative, as identified on Exhibit "B". (b) Except as expressly set forth in Articles 4.6 above and 4.11 and 11.1 below, the vote of a majority of a quorum present at a regular or special meeting of the Coordination Committee shall be required for all other matters on which the Coordination Committee is authorized to act.

4.11 Voting Procedures to Address Lack of Unanimity. When it appears likely that the Coordination Committee will not be able to come to a unanimous decision of Coordination Committee members on any matter for which a unanimous decision is required, upon a majority vote of a quorum of the Coordination Committee, the matter may be subjected to any or all of the following additional procedures.
(a) Straw Polls. Straw poll votes may be taken for the purpose of refining ideas and providing guidance to the Coordination Committee, subcommittees; or both. (b) Provisional Voting. Provisional votes may occur prior to final votes. This will be done when an initial vote is needed to refine a proposal, but the GSA Representatives or GSA Group Representatives wish to consult with their respective GSA or GSA Group( s) before making a final vote.
( c) A vote shall be delayed if any GSA Representative or GSA Group Representative declares its intention to propose an alternative or modified recommended action, to be proposed at the next meeting, or as soon thereafter as the GSA Representative or GSA Group Representative can obtain any further information or clarifying direction from its GSA Group or governing body, or both, as needed to propose its alternative or modified recommended action.
(d) If the process outlined in Article4.l l(a)-(c) fails to result in a unanimous vote of the GSA Representatives and GSA Group Representatives, any GSA Representative or GSA Group Representative not voting in favor of the recommended action may request that the vote be delayed so that the Coordination Committee can obtain further information on the recommended action (for example, by directing a subcommittee established under this MOA), sci the GSA Representative or GSA Group Representative can obtain clarifying direction from its GSA Group or governing body, or both, as needed. (e) Each Party acknowledges that time is of the essence with respect to SGMA compliance and GSP implementation and agrees to make its best efforts to cooperate 3349571 vi l / 21 603.0005
47 through the Coordination Committee in coming to a unanimous vote of representatives at a regular or special meeting.

ARTICLE V - APPROVAL BY INDIVIDUAL PARTIES

5.1 Where law or this MOA require separate written approval by each of the Parties, such approval shall be evidenced in writing by providing the adopted resolution or minutes of the respective GSA's Board of Directors' meeting to the Secretary of the Coordination Committee.

ARTICLE VI - POWERS RESERVED TOP ARTIES

6.1 Nothing in this MOA shall be interpreted to deprive any Party of its right to:
(a) Act as a GSA within its boundaries;
(b) Exercise authorities granted to each of the Parties as a GSA under SGMA in a manner consistent with the adopted GSP;
(c) Exercise authority to implement SGMA and any GSP adopted pursuant to this MOA consistent with the terms and conditions set forth therein; and ( d) Defend, with legal counsel of its own choosing, any challenge to the adoption or implementation of a GSP developed pursuant to this MOA.

ARTICLE VII-EXCHANGE OF DATA AND INFORMATION
7 .1 Exchange of Data and Information. The Parties acknowledge and recognize pursuant to this MOA that the Parties will need to exchange data and information among and between the Parties.

7.2 Procedure for Exchange of Data and Information.
(a) The Parties shall exchange public arid non-privileged information through collaboration and/or informal requests made at the Coordination Committee level or through subcommittees designated by the Coordination Committee. However, to the extent it is necessary to make a written request for information to another Party, each Party shall designate a representative to respond to information requests and provide the name and contact information of the designee to the Coordination Committee. Requests may be communicated in writing and transmitted in person or by mail, facsimile, or other electronic means to the appropriate representative as named in this MOA. The designated representative shall respond in a reasonably timely manner . • (b) Nothing in this • MOA shall be construed to prohibit any Party from voluntarily exchanging information with any other Party by any other mechanism separate from the Coordination Committee.
( c) The Parties agree that each GSA shall provide the data required to develop the Subbasin-wide coordinated water budget.
3349571vl l / 21603.0005 11
48 (d) To the extent that a court order, subpoena, or the California Public Records Act is applicable to a Party, such Party in responding to a request made pursuant to the California Public Records Act for release of information exchanged from another Party shall timely notify the Coordination Committee in writing of its proposed release of information in order to provide the other Parties with the opportunity to seek a court order preventing such release of information.

ARTICLE VIII - MONITORING NETWORK

8.1 In accordance with SGMA, the Parties hereby agree to coordinate the development and maintenance of a monitoring network at a Subbasin level. The Subbasin monitoring network description shall include monitoring objectives, protocols, and data reporting requirements specific to enumerated sustainability indicators. Each GSA is responsible for the following:
(a)
boundary;
(h)
(c)
Operating and maintaining the representative monitoring network within its Filiing data gaps in its GSA on a defined schedule; •
Collecting data per the approved Subbasin-wide monitoring protocol; ( d) Considering developing and maintaining a supplementary network for collecting data in excess of the minimum need, for the purposes of supporting local management decisions (since the level of detail necessary may not be sufficient in a Subbasin level network); and
( e) Each GSA shall have a minimum of one representative monitoring well (measuring water level and water quality) from each aquifer (above the Corcoran Clay layer - shallow aquifer, or below the Corcoran Clay layer - deep aquifer) in which it has groundwater pumping either within its GSA boundaries or within the area of influenc~ of the pumping that is occurring, sufficient to meet the recommendations of the Subbasinwide GSP consultant.

8.2 • The minimum monitoring network shall be based on the evaluation performed by the Subbasin-wide GSP consultant and may change from time to time. The Subbasin-wide GSP consultant shall evaluate the monitoring network to ensure:
(a)
model;
There is a proper spatial and temporal coverage to inform a groundwater (b) The level of monitoring is commensurate with the use in an area ( e.g., limited. monitoring well(s) in areas that do not pump or higher density of survey benchmarks in areas that have numerous deep wells); and ( c) The network is balanced, so that should an exceedance occur, it is not biased or weighted as a function of a poorly distributed monitoring network. 334957lvl l /21603.0005 12
49 ARTICLE IX - COORDINATED DATA MANAGEMENT SYSTEM

9.1 The Parties developed and currently maintain a coordinated data management system that is capable of storing and reporting information relevant to the reporting requirements and/or implementation of the GSP and monitoring network of the Subbasin. After providing the Coordination Committee with data from the individual GSAs, the Plan Manager will ensure the data is stored and managed in a coordinated manner throughout the Subbasin and reported to DWR annually as required.

ARTICLE X - ADAPTIVE MANAGEMENT FRAMEWORK

10.1 The Coordination Committee established a "Adaptive Management Framework" applicable to all GSAs in the Subbasin, which is attached hereto as Exhibit "C" and incorporated herein by this reference. This Adaptive Management Framework shall be further refined as part of the GSP development and implementation.

10.2 If and when required pursuant to Exhibit "C", each Party to this Agreement shall participate in the procedures discussed therein without regard to whether the Party is represented by another entity on the Coordination Committee

10.3 As part of the Adaptive Management Framework, each Party commits to continue to evaluate and implement projects and management actions ("P&MAs") within its boundaries to reach sustainability in compliance with SGMA.

ARTICLE XI- MODIFICATION OF THIS MOA

11.1 Addition of a Party. A Party may be added to this MOA only upon the unanimous vote of Coordination Committee members at a regular or special meeting, the Party's execution of a counterpart of this MOA, and its provision of any additional documentation required by this MOA. No Party may be added that is not a GSA within the Subbasin or that fails to share in GSP coordinated expenses.

11.2 Modification or Amendment of this MOA. The Parties hereby agree that this MOA may be supplemented, amended, or modified only by a writing signed by all Parties.

11.3 . Amendment for Compliance with Law. Should any provision of this MOA be determined to not be in compliance with legal requirements under circumstances where amendment of the MOA to include a provision addressing the legal requirement will cure the noncompliance, the Parties agree to promptly prepare and shall not unreasonably withhold approval of such amendment.

ARTICLE XII.,... WITHDRAWAL, TERM, AND TERMINATION

12.1 Withdrawal. A Party may unilaterally withdraw from this MOA without causing or requiring termination of this MOA, effective upon one (1) year written notice to the Secretary and all other Parties. The Plan Manager shall report any such withdrawal to DWR and/or the State Water Board within five (5) days of receipt of the written notice. 3349571vl 1 /21603 .0005 13
50 Any Party who withdraws shall remain obligated for GSP coordinated expenses as provided in a separate Cost Sharing Agreement. If no separate Cost Sharing Agreement is then in effect or enforceable against the withdrawing Party, the Party is obligated to pay its share of all debts, liabilities, and obligations the Party incurred or accrued under the MOA prior to the effective date of such withdrawal, which is one (1) year after providing written notice to the Secretary and all other Parties, and as also may be established under its separate GSA Group agreement, as applicable, concerning such share of obligations.

Upon withdrawal, a Party agrees that it has a continuing obligation to comply with SGMA and any coordination guidelines and regulations issued by DWR, . which require a coordination agreement ifthere are multiple groundwater sustainability plans in the Subbasin. This obligation shall survive the withdrawal from this MOA and is for the express benefit of the remaining Parties.

12.2 Term; Termination of Coordination Agreement. This MOA shall take effect on the Effective Date, Provisions requiring compliance with, and implementation of, the GSP, shall become operative and binding . upon the adoption. of the GSP. Unless modified as provided in Article 11.2 or terminated as provided in Article 12.3, this MOA shall continue for a term that is coterminous with the requirements of SGMA for the existence of the GSP for the Subbasin. At the time the GSP is adopted by all Parties and this MOA is operative and binding upon the Parties, the Coordination Agreement shall automatically terminate.

12.3 Termination. This MOA may be terminated or rescinded by the unanimous written consent of all Parties. Nothing in this MOA shall prevent the Parties from entering into a coordination agreement for coordination with any other subbasin.

12.4 Indemnification. No Party nor SLDMWA, nor any director, officer or employee of a Party or SLDMW A, shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by another Party or SLDMW A under or in connection with this MOA. Each Party shall fully indemnify and hold harmless each other Party and SLDMW A and its agents, directors, officers, employees and contractors from and against all claims, damages, losses, judgments, liabilities, expenses and other costs, including litigation costs and attorney fees, arising out of, resulting from, or in connection with any work delegated to or action taken or omitted to be taken by such Party pursuant to this MOA.

ARTICLE xm - PROCEDURES FOR RESOLVING CONFLICTS
13 .1 In the event of any dispute arising from or relating to this MOA, except for disputes arising from the inability of the Coordination Committee to reach a unanimous decision, the disputing Party shall, within thirty (30) calendar days of discovery of the events giving rise to the dispute, notify all Parties to this MOA in writing of the basis for the dispute. Within thirty (30) calendar days of receipt of said notice, all interested Parties shall ineet and corifei in a good-faith attempt to informally resolve the dispute. All disputes that are not resolved informally shall be submitted to arbitration. Within ten (10) days following the failed informal proceedings, each interested Party shall nominate and circulate to all other interested Parties the name of one arbitrator. Within ten (I 0) days following the nominations, the interested Parties shall rank their top three (3) among all nominated arbitrators, awarding three points to the top choice, two points 334957lvll/21603.0005 14
51 to the second choice, one point to the third choice and zero points to all others. Each interested Party shall forward its tally to the Secretary, who shall tabulate the points and notify the interested Parties of the arbitrator with the highest cumulative score, who shall be the selected arbitrator. The Secretary may also develop procedures for approval by the Parties, for selection in the case of tie votes or in order to replace the selected arbitrator in the event such arbitrator declines to act. The arbitration shall be administered in accordance with the procedures set forth in the California Code of Civil Procedure, section 1280, et seq., and of any state or local rules then in effect for arbitration pursuant to said section. Upon completion of arbitration, if the controversy has not been resolved, any Party may exercise all rights to bring a legal action relating to the controversy.

ARTICLE XIV - GENERAL PROVISIONS

14.1 Authority of Signers. The individuals executing this MOA represent and warrant that they have the authority to enter into this MOA and to legally bind the Party for whom they are signing to the terms and conditions of this MOA.

14.2. Governing Law. The. validity and interpretation of this MOA will be governed by the laws of the State of California without giving effect to the principles of conflict of laws, with venue for all purposes to be proper only in the County of Merced, State of California.

14.3 Severability. Except as provided for cure by amendment in Articles 11.2 and 11.3, if any term, provision, covenant, or condition of this MOA is determined to be unenforceable by a court of competent jurisdiction, it is the Parties' intent that the remaining provisions of this MOA will remain in full force and effect and will not be affected, impaired, or invalidated by such a determination.

14.4 Counterparts. This MOA may be executed in any number of counterparts, each of which will be an original, but all of which will constitute one and the same agreement.

14.5 Good Faith. The Parties agree to exercise their best efforts and utmost good faith to effectuate all the terms and conditions of this MOA and to execute such further instruments and documents as are reasonably necessary, appropriate, expedient, or proper to carry out the intent and purposes of this MOA.

Signatures on following page
334957lvl 1 /21603 .0005 15
52 IN WITNESS WHEREOF, the Parties have executed this MOA as of the Effective Date.

Dated: ALISO WATER DISTRICT GSA - ------ ---
Print Name: ----------- Print Title: - ----------
Dated: CENTRAL DELTA-MENDOTA GSA ----------
Print Name: ----------- Print Title: - -------- --
Dated: CITY OF DOS PALOS GSA ----------
Print Name: - ---------- Print Title: -----------
Dated: CITY OF FIREBAUGH GSA ---~------
Print Name: - - - -------- Print Title: -----------
Dated: ------ CITY OF GUSTINE GSA ----
Print Name: --------- - - Print Title: -----------
Dated: CITY OF LOS BANOS GSA ----------
Print Name: ----------- Print Title: --------- --
Dated: CITY OF MENDOTA GSA ----------
Print Name: ----------- Print Title: ---- -------
3349571vl I /21603.0005 16
53 Dated: ----------
Dated: ----------
Dated: ----------
Dated: ----------
Dated: ---- - - --- -
Dated: -------- --
Dated: - ---------
334957lvl 1 /21603.0005

CITY OF NEWMAN GSA
Print Name: _ _________ _
Print Title: _ _________ _

CITY OF PATTERSON GSA
Print Name: _________ _ _
Print Title: - ----------
COUNTY OF MADERA-3 GSA
Print Name: --------- -- Print Title: __________ _

COUNTY OF MERCED DELTA-MENDOTA
GSA
Print Name: - ----- ----- Print Title: _ _________ _

DMIIGSA
Print Name: --------- -- Print Title: -----------

FARMERS WATER DISTRICT GSA
Print Name: __________ _
Print Title: ----- ------

FRESNO COUNTY MANAGEMENT AREA A
GSA
Print Name: ------ ----- Print Title: -----------
17 54
Dated:
----- ----
Dated: --- - - -----
Dated: ---------
Dated: ---------
Dated: ---------
Dated: ----------
Dated: - - --------
3349571 vi I/ 21603.0005

FRESNO COUNTY MANAGEMENT AREA B
GSA
Print Name: ---------- Print Title: -----------

GRASSLAND GSA
Print Name: ---- - ----- Print Title: ------ -----

NORTHWESTERN DELTA-MENDOTA GSA
Print Name: - - ---- - - - - Print Title: - -------- --

ORO LOMA WATER DISTRICT GSA
Print Name: ------- --- Print Title: - --- ---- ---

PATTERSON IRRIGATION DISTRICT GSA
Print Name: ---------- Print Title: - ---- - -----

SAN JOAQIDN RIVER EXCHANGE

CONTRACTORS WATER AUTHORITY GSA
Print Name: - - ----- --- Print Title: - - ---------
TURNER ISLAND WATERDISTRICT-2 GSA
Print Name: --- - ------ Print Title:
-----------
18 55
Dated: ----------
Dated: ------- ---
EXECUTING NOT ASA PARTY:

Dated:· ----------
3349571vl 1 /21603.0005

WEST STANISLAUS IRRIGATION DISTRICT
GSAl
Print Name: ----- ------ Print Title: ----- - ----~

WIDREN WATER DISTRICT GSA
Print Name: --------- -- Print Title: ---- ----- --

SAN LUIS & DELTA-MENDOTA WATER

AUTHORITY
Print Name: _ _ _ _ _____ _ _
Print Title: __________ _
19 56
EXHIBIT "A"
Parties to the MOA

1. Aliso Water District GSA

2. Central Delta-Mendota GSA
(Includes: San Luis Water District, Panoche Water District, Tranquillity Irrigation District, Fresno Slough Water District, Eagle Field Water District, Pacheco Water District, Santa Nella County Water District, Mercy Springs Water District, County ofMerced, and County of Fresno)

3. City of Dos Palos GSA

4. City of Firebaugh GSA

5. City of Gustine GSA

6. City of Los Banos GSA

7. City of Mendota GSA

8. City ofNewman GSA

9. City of Patterson GSA

10. County ofMadera-3 GSA

11. County of Merced Delta-Mendota GSA

12. DMII GSA

13. Farmers Water District·GSA

14. Fresno County Management Area A GSA

15. Fresno County Management Area B GSA

16. Grassland GSA

17. Northwestern Delta-Mendota GSA

18. Oro Loma Water District GSA

19. Patterson Irrigation District GSA

20. San Joaquin River Exchange Contractors GSA
(Includes: Central California Irrigation District, San Luis Canal Company, Firebaugh Canal Water District, and Columbia Canal Company) 334957lvl l /21603.0005 20
57 21. Turner Island Water District-2 GSA

22. West Stanislaus Irrigation District GSA 1

23. Widren Water District GSA
334957lv11 /21603.0005 21
58 EXHIBIT "B"
Coordination Committee Representatives & Participation Percentages Coordination Committee Representatives Participation
Group Contact Agency Percentage
1 Aliso Water District GSA Aliso Water District GSA 1/7 Aliso Water District GSA
2 Farmers Water District GSA Farmers Water District GSA 1/7 Farmers Water District GSA
3 Fresno County Management Area A and B GSAs Fresno County Group 1/7 Fresno County Management Area A GSA
Fresno County Management Area B GSA
4 Central Delta-Mendota GSAs Group Central Delta-Mendota GSA 1/7 Central Delta-Mendota GSA
Oro Loma Water District GSA
Widren Water District GSA
5 Northern Delta-Mendota GSAs Group West Stanislaus Irrigation District 1/7 City of Patterson GSA

DM-II GSA
Northwestern Delta-Mendota GSA
Patterson Irrigation District GSA
West Stanislaus Irrigation District GSA
6 Grassland GSAs Group Grassland Water District 1/7
Grassland GSA
Merced County Delta-Mendota GSA
San Joaquin River Exchange Contractors GSAs San Joaquin River Exchange 7 Group Contractors GSA 1/7
City of Dos Palos GSA
City of Firebaugh GSA
City of Gustine GSA
City of Los Banos GSA
City of Mendota GSA
City of Newman GSA
Madera County GSA
Merced County Delta-Mendota GSA
San Joaquin Riv~r Exchange Contractors GSA
Turner Island Water District-2 GSA
3349571vll / 21603.0005 22
59 EXHIBIT "C"

ADAPTIVE MANAGEMENT FRAMEWORK FOR THE SUBBASIN
The Groundwater Sustainability Agencies ("GSAs") in the Delta-Mendota Subbasin (the "Subbasin'') acknowledge that the Sustainable Groundwater Management Act ("SGMA") has a long-term horizon to achieve sustainability and that management of the Subbasin will require an iterative process on the part of the GSAs and the Coordination Committee to review groundwater conditions at least annually and propose revisions to underlying data, methodologies, assumptions, sustainable management criteria, projects, management actions, and other Subbasin-wide coordinated information as necessary to meet changing conditions. Accordingly, the GS As in the Subbasin establish the following framework for addressing MT exceedances in the SGMA implementation period, as will be further described in the adopted GSP:

1. As a Subbasin-wide Activity, the Subbasin-wide GSP Consultant shall initiate a review of Subbasin-wide data within sixty (60) days after that data is due to be submitted by each GSA (the "Review"). As reporting dates vary based upon the Sustainable Management Criteria ("SMC"), this Review will be done on a regular basis and will be a regular agenda item on the Coordination Committee agendas.

2. The Review shall take into account all matters to be considered in the Annual Report pursuant to the DWR Regulations, section 356.2, including, but not limited to, changes in groundwater elevation, groundwater storage, subsidence, water quality and the status of minimum thresholds ("MTs") and interim milestones in the Sub basin GSP.

3. Should GSA activities result in either a) a pattern of data showing a downward trend (towards a MT exceedance), orb) a MT exceedance, the Coordination Committee (at the recommendation of the Plan Manager, a designated subcommittee, or the Subbasin-wide GSP Consultant) shall immediately notify the GSA and add the downward trend or exceedance information to the next Coordination Committee agenda packet. That GSA shall also be provided with a checklist to help evaluate possible causes of the MT downward trend or exceedance.

4. The GSA may request the Subbasin-wide GSP Consultant to coordinate such trend or exceedance information with that GSA's own consultant, as applicable. Within thirty (30) days of said notice, the GSA shall present a plan of action to the Coordination Committee to address how the GSA will mitigate any downward trend or exceedance and in what timeframe. The intent is for the Coordination Committee to discuss the mitigation plan in an effort to provide helpful ideas to the GSA. However, the GSA is solely responsible for the management actions within its boundaries and the costs to remedy the cause of the MT exceedance if it is attributed to activities occurring within such GSA's jurisdictional boundaries and/or that GSA is not operating within its Sustainable Yield (the "Responsible GSA"). At its sole cost and expense, the Responsible GSA may ask the Subbasin-wide GSP Consultant to further determine: (a) what caused the exceedance; (b) whether or not the Responsible GSA has control over the cause of the MT downward trend or exceedance; ( c) whether it is an intra-basin impact from another GSA or an inter-basin impact by a neighboring sub basin; and ( d) whether or not the MT exceedance caused injury. 334957lvll /21603.0005 23
60 5. If there is a determination by the Subbasin-wide GSP Consultant that any MT downward trend or exceedance was caused by intra-basin impacts from another GSA within the Subbasin, such determination will be brought back to the Coordination Committee for further discussion and potential Subbasin-wide action. The Coordination Committee will work with other GSAs to increase existing GSA coordination to remedy the issues causing the downward trend or exceedance and to remedy the responsibility of costs associated with identifying and mitigating the exceedance.

6. If there is a determination that any MT exceedance was caused by a neighboring subbasin, this should be brought back to the Coordination Committee for further discussion and potential Subbasin-wide action. Costs for initial investigation by the Subbasin-wide GSP Consultant of a MT downward trend or exceedance across Subbasin boundary lines (such as water quality issues, subsidence, or depletion of interconnected surface waters) shall be shared amongst the Coordination Committee equally between Coordination Committee members (i.e. 117th each).

The Coordination Committee will work with other subbasins to expand existing inter-basin coordination to remedy the issues causing the downward trends or exceedances.

7. In the event that the GSA is unable to mitigate or avoid future MT exceedances with its existing projects and management actions ("P&MAs") and within the timeframe presented to the Coordination Committee, the GSA may seek assistance from the Coordination Committee.

The Coordination Committee may recommend policies or programs to the GSA that the GSA could, in its discretion, adopt to remedy the existence of a MT exceedance and to avoid undesirable results. Furthermore, the Coordination Committee may consider setting triggers in the GSP for GSAs to implement management actions [e.g., sequencing P&MAs] or work on alternative options.
334957Jvl J /21603.0005 24
61 334957lvl l /21603.0005 25
62 EXHIBIT "D"

SUBBASIN-WIDE ACTIVITIES
(Initial List)
• Preparation of and submittal of annual reports
• Preparation of annual estimates of Coordinated Plan Expenses presented by the Secretary and any updates to such estimates, in accordance with the budgetary requirements of the respective Parties
• Plan Manager costs and expenses for the work directed by the Coordination Committee
• - - Subbasin-wide Consultant costs and expenses, including; but not limited to, - collecting information from the Subbasin GSAs, processing technical data, and those identified in Exhibit "C" for the Adaptive Management Framework for the Subbasin
• Preparation of and submittal of five-year updates to the GSP • Revisions to this MOA
• Subbasin-wide outreach
• Litigation costs for an attorney coordinating the GSAs for litigation filed against the entire Subbasin
• Costs for initial investigation by the Subbasin-wide GSP Consultant of a MT downward trend or MT exceedance across Subbasin boundary lines 334957lvll /21603.0005 26
63 EXHIBIT C
64 FIRST AMENDED MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY

OF LOS BANOS GROUNDWATER SUSTAINABILITY AGENCY AND THE SAN

JOAQUIN RIVER EXCHANGE CONTRACTORS GROUNDWATER

SUSTAINABILITY AGENCY WITH RESPECT TO IMPLEMENTATION OF THE

SUSTAINABLE GROUNDWATER MANAGEMENT ACT IN A PORTION OF THE

DELTA-MENDOTA SUBBASIN
This First Amended Memorandum of Understanding (MOU) is made and effective as of the Effective Date between the City of Los Banos Groundwater Sustainability Agency, a political subdivision of the State of California (CITY GSA) and the San Joaquin River Exchange Contractors Groundwater Sustainability Agency, a California Special District formed by the California Legislature in SB 372 (2017) (Exchange Contractors GSA or SJRECGSA).

This MOU is made with reference to the following facts and understandings:

A. The Sustainable Groundwater Management Act of 2014, which includes Water Code sections 10720-10736.6 (SOMA) was signed into law on September 16, 2014, and requires that each California groundwater basin or subbasin be managed by a Groundwater Sustainability Agency (GSA) or multiple GSAs, and that such management include an approved Groundwater Sustainability Plan (GSP) or multiple GSPs. GSPs in the Delta-Mendota Subbasin shall be submitted to the California Department of Water Resources by January 31, .2020.

B. The purpose of this MOU is to coordinate SGMA implementation and enforcement between the CITY and Exchange Contractors GSA.

C. The City of Los Banos and the San Joaquin River Exchange Contractors Water Authority, the predecessor of the Exchange Contractors GSA, have for many years jointly and cooperatively studied and successfully managed groundwater in the vicinity of the City.

D. . In 2018, SJRECGSA and CITY GSA entered into the Memorandum of Understanding with Respect to Implementation of the Sustainable Groundwater Management Act in a Portion of the Delta-Mendota Subbasin. (2018 MOU). In accordance with the 2018 MOU, the SJRECGSA and CITY GSA adopted the San Joaquin River Exchange Contractors Groundwater Sustainability Plan (SJRECGSA GSP). The SJRECGSA GSP included a chapter dedicated to the CITY GSA.

E. The SJRECGSA GSP was one of six Groundwater Sustainability Plans adopted for the Delta-Mendota Subbasin. Pursuant to a Coordination Agreement, SJRECGSA, CITY GSA, and more than 20 additional GSAs agreed to adopt multiple GSPs for the Delta-Mendota Subbasin.

I
65 F. In January 2022, the California Department of Water Resources (DWR) deemed the SJRECGSA GSP, along with the five other GSPs adopted for the Delta-Mendota Subbasin, did not satisfy SGMA requirements.

G. In July 2022, the SJRECGSA and CITY GSA adopted the First Amended SJRECGSA GSP and submitted the same to California Department of Water Resources. All other GSAs in the Delta-Mendota Subbasin also adopted revised GSPs.

H. In March 2023, the California State Water Resources Control Board (SWRCB) and DWR deemed the First Amended SJRECGSA GSP insufficient to meet SGMA requirements.

I. Pursuant to SGMA, the State Water Resources Control Board now has the authority to deem the Delta-Mendota Subbasin to be "probationary" and subject to State Intervention.

SWRCB has tentatively_ established September 2024 as the date by which it will hold a public hearing to declare the Delta-Mendota Subbasin to be in probationary status.

J. In an effort to avoid the probationary status designation. SJRECGSA, CITY GSA, and all other GSAs in the Delta-Mendota Subbasin are pursuing adoption, submittal to SWRCB, and implementation of a single GSP for the entire Delta-Mendota Subbasin.

K. The rights and responsibilities of the various GSAs in the Delta-Mendota Subbasin under the Single GSP structure will be set forth in a Memorandum of Understanding (BasinWide MOU). The Basin-Wide MOU will be adopted by each GSA in the Delta-Mendota Subbasin, including SJRECGSA and CITY GSA.

L._ Notwithstanding the anticipated transition to a Single GSP, SJRECGSA and CITY GSA intend to continue to closely coordinate their respective efforts to comply with SGMA. The terms of the continuing coordination between SJRECGSA and CITY GSA are set forth herein.

NOW, THEREFORE, in consideration of the mutual promises, covenants, and conditions herein set forth, and the recitals above, which are incorporated herein by this reference, it is agreed by the CITY GSA and the Exchange Contractors GSA:

I.· Effective Date and Relationship of the First Amended MOU to the 2018 MOU.

A. Relationship to 2018 MOU. Upon and after the Effective Date, this First Amended Memorandum of Understanding shall supersede and replace the 2018 MOU for all purposes.

B. Effective Date. This First Amended MOU shall become effective when both of the following have occurred: (1) the CITY GSA and SJRECGSA have fully executed this 2 66
MOU; and (2) the Basin-Wide MOU has been signed by all necessary parties and become effective. The 2018 MOU shall remain in full force and effect until the occurrence of the Effective Date of this MOU.

II. Objectives.

The objectives of this MOU are:

A. To achieve sustainable groundwater management pursuant to SGMA in those portions of the Delta-Mendota Subbasin (the Basin) that are within the exterior boundaries of both the Exchange Contractors GSA boundary and the CITY'S GSA boundary.

B. To accomplish coordination between the CITY and Exchange Contractors GSA in implementing SGMA.

C. To avoid conflicts between the GSP adopted for the lands subject to this Agreement and the City of Los Banos' exercise of its land use planning authority.

D. To establish the terms pursuant to which SJRECGSA will represent the CITY GSA on any Coordinating Committee established in the Basin-Wide MOU.

III. Territory Subject to the Terms ofthis MOU.

The lands subject to the terms and conditions of this agreement are described and depicted in Exhibit A attached hereto and incorporated herein by this reference.

IV. Data Exchange.

Data collected by the City of Los Banos which is useful or necessary to SGMA compliance and implementation shall be provided to the San Joaquin River Exchange Contractors Water Authority as soon as practicable in a form compatible with the Exchange Contractors' Data Management System (DMS). Exchange Contractors shall provide data collected by Exchange Contractors GSA that is useful or necessary for SGMA compliance to City of Los Banos upon request. •
V. Adoption of a Single GSP for the Delta-Mendota Subbasin, to be Adopted and Implemented by the SJRECGSA and the CITY GSA.

To satisfy SGMA requirements, the CITY GSA and the SJRECGSA agree to adopt the Basin-Wide MOU, and the Single GSP for the entire Delta-Mendota Subbasin, and to implement those provisions of the GSP applicable to their respective territories. 3 67
A. Adoption of the Basin-Wide MOU. Each GSA within the Delta-Mendota Subbasin will be required to adopt the Basin-Wide MOU. Among other material terms, the Basin-Wide MOU will:

1. Reflect each GSA's commitment to adopt the Single GSP for the Subbasin.

2. Memorialize the Coordination Committee structure for basin-wide decision making.

3. Memorialize each GSA's share of cost responsibility for developing, adopting, and implementing the Single GSP.

4. Confirm that each Party, including the CITY GSA, or the SJRECGSA, as the case may be, shall, if and when required thereunder, participate in the Adaptive Management Process described in Exhibit "D" to the basin wide MOU. The SJRECGSA may, if appropriate, assist the CITY GSA in the Adaptive Management Process, but will not participate in the procedure on the CITY GSAs behalf.

VI. City of Los Banos to Adopt and Enforce Single GSP
A. It is the Parties' intent that following such public hearings and receipt of comments on the Single GSP, that City of Los Banos shall adopt the Single GSP as the applicable GSP for the lands within the CITY'S GSA boundary.

B. It is the intent of the Parties that the City of Los Banos shall exercise or cause to be exercised the 'Powers and Authorities' described in Chapter 5 of Part 2.74 of Division 6 of the California Water Code(§ 10725 et.seq.) necessary to implement and enforce the Single GSP.

VII. Compensation for SGMA Costs and Implementation.

A. The City of Los Banos shall pay 2% of the Costs assigned under the Single Plan and Basin Wide MOU as the Participation Percentage to be paid by SJRECGSA.

VIII. Coordination Framework.

A. Coordination with Groundwater Sustainability Agencies· on the Coordination Committee for the Delta-Mendota Subbasin.

B. The Basin-Wide MOU contemplates the creation of a 'Coordination Committee' comprised of representatives from [6-8] of the 23 GSAs in the Delta Mendota Subbasin. The Coordination Committee will be tasked with making strategic decisions concerning elements of the Single GSP and its implementation.

1. The City of Los Banos hereby designates the Exchange Contractors GSA to serve as CITY'S'GSP Group Representative' (as that term is defined in the Basin-Wide MOU) 4 68
for all matters relating to the Delta Mendota Groundwater Subbasin and vests the GSP Group Representative with authority to vote on its behalf concerning matters within the scope of the Coordination Committee's jurisdiction.

2. In executing its responsibilities as a GSP Group Representative, the Exchange Contractors GSA shall receive input, guidance, and direction from the City of Los Banos.

3. Final authority to vote on issues before the Coordination Committee established by the Basin-Wide MOU rests exclusively with the Exchange Contractors GSA and shall be exercised pursuant to its discretion.

4. The City of Los Banos shall possess those rights and responsibilities afforded to parties under Basin-Wide MOU.

IX. Reconciliation of Funding Obligations for SJRECGSA GSP Development.

A. Pursuant to the Terms of the 2018 MOU, each party made various commitments regarding funding of the development and implementation of the SJRECGSA. This provision confirms that all financial matters concerning the development and implementation of these matters have been resolved and are satisfied in full.

X. Compliance with Laws
A. In any action taken pursuant to this MOU, the Exchange Contractors GSA and the City of Los Banos shall comply with all applicable statutes, laws, and regulations, specifically including but not limited to SGMA and its implementing regulations, as they now exist or as may be amended or promulgated from time to time.

B. To the extent that this MOU conflicts with or does not accurately reflect any applicable statutes, laws, or regulations now existing or as amended or promulgated from time to time, the laws, statutes, and regulations shall govern.

C. To the extent that any applicable statutes, laws, or regulations are amended or newly promulgated in such a manner that . causes this MOU to. conflict with or no longer accurately reflect such statutes, laws, or regulations, this MOU shall be modified in order to comport with the newly amended or promulgated statutes, laws, or regulations. 5 69
XI. Miscellaneous Provisions
A. Thls MOU may be amended from time to time only by mutual written agreement of the City of Los Banos and the Exchange Contractors GSA, in accordance with the terms of this MOU. This MOU may be terminated in accordance with the terms of this MOU (1) by mutual written agreement of both of the parties to this MOU, or (2) when either or both of the parties to this MOU are no longer participating in the implementation of SGMA within the geographical area subject to this MOU.

B. This MOU contains the entire understanding between the parties relating to this subject matter and supersedes all oral or written agreements between them with respect thereto, including without limitation the 2018 MOU, and no previous written or oral understandings have been or shall be relied upon.

C. The failure of any party in any one or more instances to insist upon strict performance of any terms or provisions of this MOU, or to exercise any option herein conferred, shall not be construed as a waiver or relinquishment to any extent of the right to assert or rely upon any such terms, provisions or options on any future occasion.

D. This MOU is the result ·of arms-length negotiations between sophisticated parties and ambiguities or uncertainties in it shall not be construed for or against either party.

E. Should the participation of either party to this MOU, or any part, term, or provision of this MOU be superseded by conflicting State legislation as mutually agreed by the parties or decided by a court of competent jurisdiction to be illegal, in excess of that party's authority, in conflict with any law of the State of California, or otherwise rendered unenforceable or ineffectual, the validity of the remaining portions, terms, or provisions of this MOU shall not be affected thereby and each party hereby agrees it would have entered into this MOU upon the remaining terms and provisions.

F. The rights and duties of the parties to this MOU niay not be assigned or delegated, and any attempt to assign or delegate such rights or duties in contravention of this section shall be null and void.

G. This MOU may be executed in parts or counterparts, each part or counterpart being an exact duplicate of all other parts or counterparts, and all parts or counterparts shall be considered as constituting one complete original and may be attached together when executed by the parties hereto. Facsimile or electronic signatures shall be binding. 6 70
H. The Parties agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof, this being in addition to any other remedy to which they are entitled at law or in equity.

I. Notices authorized or required to be given pursuant to this MOU shall be in writing and shall be deemed to have been given when mailed, postage prepaid, or delivered during working hours, to the parties at the addresses set forth for each below, or to such other changed addresses communicated to the other party in writing.

Name:

Title:

Address:

Telephone:

Exchange Contractors GSA:

Name:

Title:

Address:

Telephone:

Chris White
Executive Director
541 H Street
P.O. Box 2115
Los Banos, California 93635
(209) 827-8616
J. Each signatory to this MOU certifies that he or she is authorized to execute this MOU and to legally bind the party he or she represents, and that such party shall be fully bound by the terms hereof upon such signature without further act, approval, or authorization of such party.

SIGNATURE PAGE TO FOLLOW
Ill
Ill
Ill
Ill
7 71
IN WITNESS WHEREOF, the parties have caused their names to be affixed by their proper and respective officers as of the day and year first above-written.

CITY GSA:

By:---------
Title: ---------
Date: ---------
Exchange Contractors GSA:

By:---- --- --
Title: ---- ----
Date: ----- ---
8 72
Exhibit A
[TO BE INSERTED BY STAFF]
9 73

THIS PAGE IS INTENTIONALLY LEFT BLANK
74 LOsBanos
At tile Crossroads of California
Agenda Staff Report
TO: Mayor and City Council Members
FROM: Charles Bergson, P.E., Public Works Dire for/City Engine DATE: March 20, 2024
TYPE OF REPORT: Consent Agenda
SUBJECT: Airport Runway Lighting Emergency Repairs
Recommendation:

That the City Council adopt the Resolution that:

1. Approves a finding, per the Los Banos Municipal Code Section 3-16.100, Public Projects - Emergencies, that based on evidence set forth that the emergency will not permit a delay resulting from a competitive solicitation for bids, and that the emergency action is necessary to respond to the emergency; and

2. Authorizes the emergency construction based on the finding and authorizes the City Manager to proceed with executing the necessary documents to construct and complete the emergency repair.

Background:

The runway lights at the Los Banos Municipal Airport requires unexpected emergency repairs. These lights are essential for Pilots to land safely, keep the landing strip visible and provide signaling along the runway pavement.

Staff has solicited multiply electricians to diagnose the issue and has received a proposal from Royal Electric Company. The diagnosis is that the electrical regulator that distributes electrical power to the lighting circuits is not working. In addition, the Runway End Identifier Lights (REIL) are intermittingly working, however; the replacement parts are obsolete. Royal Electric Company proposed cost for these repairs is $83,300.00 and the scope of work consists of the following:
75 1) Perform load test on existing CCR (Constant Current Regulator) prior to installing new CCR.
2) Perform megger test on the existing airfield lighting circuit cable (RW lights and REIL lights) prior to installing new CCR.
3) Submit test findings
4) Furnish and install new 10KW CCR
5) Furnish and install new voltage driven REIL light set Royal Electric Company is an industry leader in the electrical airfield sector and has assisted many other nearby agencies in Airfield Lighting Maintenance, Fuel Farm Electrical Systems and PAPI Systems (Precision Approach Path Indicators). Staff is recommending that Royal Electric Company make the necessary emergency repairs to the runway lights at the Airport to ensure the safety of Pilots and Los Banos residents.

Discussion:

Staff has deemed this repair to be critical for the safety of Pilots utilizing our Airport and the citizens of Los Banos. According to Chapter 16 of the Los Banos Municipal Code Section 3-16.100 entitled "Public Projects - Emergencies" the City Council is to make a finding that this is indeed an emergency repair and may be constructed without giving notice for bids.

It has been determined that the bid process could take up to eight (8) weeks to generate bid documents, notice the bid, and award at Council. Once Council awards it would take ten (10) or more days for the awarded contractor to sign agreements and mobilize to perform the work. It is possible that through the bidding process repairs would likely begin sometime in June 2024.

In the event the City Council approves the emergency finding and authorizes the emergency repair, the repair could occur as soon as the end of April 2024 or early May 2024.

The following is the Los Banos Municipal Code Section 3-16.100 "Public Works Projects - Emergencies":
a) In cases of emergency when repairs or replacements are necessary, the City Council, pursuant to a four-fifths (415) vote, may replace or repair any public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services and supplies for those purposes without giving notice for bids to let contracts.
(b) Before the City Council takes any action pursuant to subsection (a) of this section, it shall make a finding, based on substantial evidence set forth in the minutes of its meeting, that the emergency will not permit a delay resulting from a competitive solicitation for bids, and that the action is necessary to respond to the emergency. 76 (c) If the City Council orders any action specified in subsection (a) of this section, it shall review the emergency action at its next regularly scheduled meeting and at every regularly scheduled meeting thereafter until the action is terminated to determine, by a four-fifths ( 4/5) vote, that there is a need to continue the action. When the City Council reviews the emergency action, it shall terminate the action at the earliest possible date that conditions warrant so that the remainder of the emergency action may be completed by giving notice for bids to let contracts. (d) Notwithstanding the authority of the City Council to order any action specified in subsection (a) of this section, the City Manager is authorized, in case of an emergency, to order repairs or replacements of a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for those purposes. The City Manager shall report to the City Council at its next regularly scheduled meeting the reasons justifying why the emergency will not permit a delay resulting from a competitive solicitation for bids and why the action is necessary to respond to the emergency. The City Council shall initially review the emergency action not later than seven (7) days after the action, or at its next regularly scheduled meeting if that meeting will occur not later than fourteen (14) days after the action, and at least every regularly scheduled meeting thereafter until the action is terminated, to determine, by a four-fifths (4/5) vote, that there is a need to continue the action, unless the City Manager has terminated that action prior to the City Council reviewing the emergency action and making a determination that there is no longer a need to continue the action.
(e) The work authorized under this section may be done by day labor under the direction of the Director of Public Works, by contractor, or by a combination of the two (2). (§ 1, Ord. 1067, eff. February 1, 2008)
Fiscal Impact:

Funding for this repair is available in the fiscal year 2023-2024 budget in the Airport Fund Account 505-435-100-725 (Airport Improvements).

Vanessa Portillo, Finance Director
Attachments:

Resolution
Proposal from Royal Electric Company
77 THIS PAGE IS INTENTIONALLY LEFT BLANK
78 RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS APPROVING FINDING

AND AUTHORIZING THE EMERGENCY REPAIR

OF THE AIRPORT RUNWAY LIGHTING
WHEREAS, the Runway Lights at the Los Banos Municipal Airport are not working and need unexpected emergency repairs; and
WHEREAS, the Public Works Department has received a diagnosis that the electrical regulator that distributes electrical power to the lighting circuits needs to be replaced and has determined that emergency repair is necessary for the safety of Pilots and the residents of Los Banos; and
WHEREAS, it is recommended by Public Works Staff that the City Council make a finding that the Public Works Department may proceed with a contract to authorize emergency construction, as per the Los Banos Municipal Code Chapter 16 Section 3-

16.100 "Public Projects - Emergencies"; and
WHEREAS, it is additionally recommended that the City Council authorizes the City Manager to execute all necessary contracts and agreements to expedite the emergency repair.

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

A. Approves a finding, per the Los Banos Municipal Code Chapter 16 Section 3-

16.100, "Public Projects - Emergencies", that based on evidence set forth that the emergency will not permit a delay resulting from a competitive solicitation for bids, and that the emergency action is necessary to respond to the emergency; and
B. Authorizes the emergency construction based on the finding and authorizes the City Manager to proceed with executing the necessary documents to construct and complete the emergency repair.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 20th day of March 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:
79 APPROVED:

Paul Llanez, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
80 Phone: (916) 226-2100
I ' • (916} 226•2150
Email: [email protected]
8481 Carbide Court
Sacramento, CA 95828
CA License #357377
ELECTRICAL PROPOSAL R1
February 20, 2024
Attention: Carlos Granillo [email protected] RE: Los Banos Airport
Dear Mr. Granillo,
We hereby propose to furnish all material, labor, equipment, tools, supervision, insurance, guarantees, warranties, and other services required to provide the complete work in accordance with the project plans and specifications, and per our scope of work and exclusions as follows:

PRICING:

Electrical Scope $83,300.00
SCOPE OF WORK:

Basis of Proposal:

1. Perform load test on existing CCR prior to installing new CCR.

2. Perform megger test on the existing airfield lighting circuit cable (RW lights and REIL lights) prior to installing new CCR.

3. Submit test findings to airport.

4. Furnish and install new l0KW CCR to replace existing 15 KW CCR.

5. Furnish and install new voltage driven REIL set.

EXCLUSIONS:

1. All license, permit, inspection, and utility fees.

2. All fees from local agencies for location of utilities or for performing standby.

3. Project Labor Agreements.

4. Structural and seismic engineering design.

5. Temporary power, lighting, and telephone for construction.

6. All trash and debris containers, including removal.

7. Surveying, staking, and/or compaction tests.

8. Correction of any code violations resulting from existing work.

9. Demolition

10.Utility transformer and associated bollards.

11.Concrete encasement of conduit.
,i ,,; ~: • '. i: POWER YOUR SUCCESS.
81 Phone: (916) 226-2100
Fax: (916) 226-2150
Email: [email protected]

12.Asphalt/concrete saw cutting, demo, or replacement.

13.Spoils and asphalt/concrete removal from site

14.Cutting, patching, and/or core penetrations.

15.X-Ray or GPR underground conduit location.
8481 Carbide Court
Sacramento, CA 95828
CA License #357377

16.Generator, fuel tanks, piping, and associated testing and fueling.

17.Photovoltaic system and racking.

18.Low voltage systems raceways and boxes not shown on drawings.

19.Two-hour rated cable or pathways.

20.Roof penetrations, roof jacks or roof flashing, patch, seal, and guarantee.

21.Backing for electrical equipment and fixtures.

22.Plywood backboards.

23.Handling and disposing of hazardous waste.

24.Fire dampers, fire smoke dampers, and/or duct smoke detectors.

25.Mechanical control wiring of any voltage, conduits, or components including:
motor starters, VFDs, time clocks, fans, hoods, carbon monoxide detection system, or installation thereof.

26.Fees for Textura or any other software requirements.

SCHEDULE
Our proposal is based on compliance with a reasonable and mutually agreed-to project schedule. Royal will require that they be allowed to participate in the preparation of the project schedule to ensure that reasonable time is allowed for the electrical work.

Pricing is only valid with all bid items included in this proposal. Any changes or deletions to our proposed items of work must be agreed on prior to bid time.

PROPOSAL:

This proposal is made with the understanding that we will enter into a mutually acceptable subcontract agreement. We will not accept any terms or conditions that are less favorable to Royal Electric Company than those imposed in the Prime contract by the owner. Pricing is only valid with this Proposal, Scope and Exclusions. The conditions of this proposal must be attached or incorporated into our subcontract agreement.

Royal Electric Company will indemnify you for personal injury or property damage claims to the extent of Royal's own negligence. Royal proposal excludes any obligation to indemnify you for your own negligence, or to indemnify any other party for that party's own negligence.

Royal will provide lien releases in accordance with applicable state statutes or regulations. Royal will be paid within seven days of Customer receiving payment by Owner, but in no case will Royal be paid later than 120 days from the date of -- • POWER YOUR SUCCESS.
82 Phone: {916) 226-2100
Fax: (916) 226-2150
Email· [email protected]
8481 Carbide Court
Sacramento, CA 95828
CA License #357377
Royal's invoice for undisputed work. If any payment due to Royal Electric is past due for more than ten days, we reserve the right to stop work until all payments are brought current.

Royal will be bound only to collective bargaining agreements to which it is a party.

Please request information on our current collective bargaining agreements that pertain to our work for this project.

All fees from local agencies for location of utilities or for performing standby are not included in this proposal.

If you would like to discuss this proposal, or if you have any scope changes you have been considering, please contact George Halvorsen at 916-997-7909. Thank you for your consideration of our proposal and the opportunity to quote this project.

CUSTOMER ACCEPTANCE
Signature :

Print Name: ___ _
Title:

Date:

George Halvorsen
Chief Estimator
george h@roya I elect. com
, ,11;; E• ~:.~ POWER YOUR SUCCESS.
83 THIS PAGE IS INTENTIONALLY LEFT BLANK
84 LOs Banos
TO:

FROM:

DATE:
\ I • I HI
Agenda Staff Report
Mayor & City Council Members
Justin Melden, Police Commander
March 20, 2024
TYPE OF REPORT: Consent Agenda
SUBJECT: Acceptance of State of California Wellness Funding Recommendation: Authorize the acceptance of a $30,189.55 State of California Wellness Funding Grant for Officer Wellness and Mental Health, administered through the State of California Board of State and Community Corrections and increase revenues and expenditures in the amount of$ 30,189.00 for Fiscal Year 2023-2024.

Discussion:

The Los Banos Police Department has been awarded an Officer Wellness and Mental Health Grant through the State of California. The purpose of the grant is to ensure agencies have funding available to provide the ability to funding on Officer Wellness and Mental Health.

The City of Los Banos has been allocated $30,189.55 in State grant funding as part of the State of California 2022-2023 Officer Wellness and Mental Health Grant Program.

The Grant has specific use and reporting requirements.

The Department plans on using this funding to enhance Officer Wellness by providing access to physical screening access to anonymous web-based peer support programs.

The budget for this grant, including account numbers are as follows:

Revenues:

Expenditures:
100-000-334-010
100-421-140-270
$30,189.55.
$30,189.55.

State Grants
Special Programs
85 Fiscal Impact:

Revenues and Expenditures for Fiscal Year 2023-2024 will increase in the amount of $30,189.55. The funding from this grant will be included in the next two fiscal year budgets.

Vanessa Portillo, Finance Director
Attachments:

Resolution
State of California Award Letter
86 RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS APPROVING THE

ACCEPTANCE OF A STATE OF CALIFORNIA

OFFICER WELLNESS AND MENTAL HEALTH

GRANT, ADMINISTERED BY THE BOARD OF

STATE AND COMMUNITY CORRECTIONS IN
THE AMOUNT OF $30,189.55 AND AMENDING
THE 2023-2024 FISCAL YEAR BUDGET BY

INCREASING THE APPROPRIATION AMOUNT

FOR EXPENDITURES AND REVENUES IN THE
AMOUNT OF $30, 189.55
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 $30,189.55 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 programs or actions that will aid in Officer Wellness and Mental Health; 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 Officer Wellness and Mental Health Grant funding, in the amount of $30,189.55 and increase the appropriation limit for revenues and expenditures in the amount of $30, 189.55 within the State Grant Fund for Fiscal Year 2023-2024. The budget for this grant, including account numbers is as follows:

Revenues:

Expenditures:
100-000-334-010
100-421-140-270
$30,189.55
$30,189.55
State Grants
Special Programs
87 The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 20 day of March, 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
88 BSCC1

BOARD OF STATE AND COMMUNITY CORRECTIONS
DATE: December 21, 2022
TO: Police Chiefs and Sheriffs
FROM: Linda Penner, Chair
SUBJECT: OFFICER WELLNESS AND MENTAL HEALTH GRANT AWARD I am pleased to let you know that the BSCC has begun processing the Officer Wellness and Mental Health grants, which were included in the Budget Act of 2022. All eligible law enforcement agencies will receive their payment by February 15, 2023. This memorandum provides further information about the purposes of the grant, and requests your assistance in identifying the person in your agency who will be responsible for required data reporting.

This disbursement is being made in accordance with Assembly Bill 178, Chapter 45, Statutes of 2022, Item 5227-121-0001. This funding is available to all city and county law enforcement agencies employing officers described in Section 830.1 of the Penal Code. The Officer Wellness grant is for the purpose of improving officer wellness and expanding mental health sources as follows:

1. Establishing officer wellness units or expanding existing officer wellness units.

2. Establishing peer support units or expanding peer support units.

3. Services provided by a licensed mental health professional, counselor, or other professional that works with law enforcement.

4. Expanding multiagency mutual aid programs focused on officer wellness and mental health.

5. Other programs or services that are evidence based or have a successful track record of enhancing officer wellness.

For further information about this funding and to identify the amount of funding allocated to your agency, please visit the Board of State and Community Corrections' webpage for the Officer Wellness and Mental Health Grant available at https://www.bscc.ca.gov/officer-wellness-and-mental-health-grant-program/.

Provision 2 of the Budget Act requires each grant recipient to submit an expenditure report and a final impact report no later than December 1, 2025. Additionally, grant recipients will submit a brief annual expenditure report. Reports will be provided to the Commission on Peace Officer Standards and Training (POST). Detailed information regarding reporting requirements and reporting requirement webinars will be sent out in early 2023.

Linda M. Penner, Chair
Kathleen T. Howard, Executive Director
Gavin Newsom
California Governor
89 Officer Wellness & Mental Health Grant Recipients

Please send the name and email address of the individual(s) within your agency who will be responsible for the implementation and reporting requirements for this grant to [email protected] by February 28, 2023 so they may receive additional information regarding detailed reporting requirements, webinars, and deadlines.

If yo_u have any questions regarding this funding distribution, please email [email protected] and a BSCC staff member will respond.

Sincerely,
~I"
~ --~ (.....- I._

LINDA PENNER
Chair
B..oard of State & Community Corrections
90 ~11"A'Ui!! WfJi' ~(FWOO~~A 63-637507 FUND NO. FUND NAME H THE TREASURER OF THE STATE WILL PAY OUT OF THE IDENTIFICATION NO. 8087 FISCAL CONSOLIDATED PMT
0000063164 0000
TO: 637507

CITY OF LOS BANOS POLICE DEPT
945 5TH ST
MO. I DAY I YR. I I
02:13:2023
90-1342/1211
63637507
oo~s :"cEl\lTs
$***30189~ 55 ,
LOS BANOS CA 93635-4203 --111~~ ~(ti
MALIA M. COHEN

CALIFORNIA STATE CONTROLLER
f;~2~~~3t..23•: b3ti3?50?8U~

DETACH ON DOTTED LINE

KEEP THIS PORTION FOR YOUR RECORDS
ISSUE DATE: 02/13/2023

STATE & COMMUNITY CORRECTIONS
2590 VENTURE OAKS WAY SECOND FLOOR SUITE 200
SACRAMENTO CA 95833

FOR QUESTIONS CONTACT ACCOUNTING DEPARTMENT AT TBD

VENDOR NAME VENDOR ID
----------- --------- CITY OF LOS BANOS POLICE DEPT 0000063164

VOUCHER ID INVOICE ID
-------- ---------- 00018770 OWMH-2022-1

AMOUNT PAID
---------
$30189.55

PAYMENT MESSAGE
---------------
2022~23 OFFICER WELLNESS AND MENTAL HEALTH GRANT

ADDITIONAL PAYMENT MESSAGE
63-637507
PO ID
-----------------------------------------------------------~- PER AB 178_CH 45_STATS OF 2022_ITEM 5227-121-0001. EMAIL TO F OLLOW RE: REPORTING REQUIREMENTS
91 THIS PAGE IS INTENTIONALLY LEFT BLANK
92 LOsBanos
I tli C,os ,oad of ctlifc rnia
Agenda Staff Report
TO: Mayor and City Council Members ,
FROM: Joe Heim, Parks and Recreation Directo-~P-;..._·, _L_;:>_ DATE: March 20, 2024
TYPE OF REPORT: Consent Agenda
SUBJECT: Authorizing Amendment No. 1 to the Landscape Maintenance Services agreement between the City of Los Banos and Ronnys Inc. and Authorizing an Amendment to the Fiscal Year 2023-2024 Budget to increase appropriations in the associated line items
Recommendation:

That the City Council adopts the Resolution authorizing the City Manager to execute Amendment No.1 to the Landscape Maintenance Services agreement between the City of Los Banos and Ronnys Inc. to add additional locations to the agreement and increase appropriations in the Fiscal Year 2023-2024 Budget to the accounts: 100-452-100-231 in the amount of $9,585.72, 273-458-200-220 in the amount of $795.60, 27 4-458-200-220 in the amount of $468.00, 279-458-200-220 in the amount of $2752.40 and 281-458-200- 220 in the amount of $5358.00.

Background:

The City of Los Banos is currently in a Landscape Maintenance Services agreement for the maintenance of parks, streetscapes and planters with Ronnys Inc. Services include mowing, blowing, weed abatement, edging, inspection services and irrigation maintenance.

During the term of the Agreement, the City may accept new parks, streetscapes and planters that are not covered in the original Fee Schedule. Compensation for additional locations will be based on pro rata amount of acreage. Billing occurs on a monthly basis and each landscape location's expenditures are accounted for in an associated line item depending on the funding source. Funding sources for the Landscape Maintenance Services agreement are the General Fund and the Lighting and Landscape Districts. 93 Discussion:

In 2022-2023 City staff completed a Request for Proposals (RFP) process to create a new Landscape Maintenance Services agreement with a responsible and responsive contractor.

The landscape maintenance services contract oversees over 200 landscape spaces within in the City of Los Banos. City staff identified 19 locations that require being added to the Landscape Maintenance Services agreement, either because they were not added as part of the original RFP process or because they are new landscape locations such as the new Police Station.

Landscape Maintenance Services include regular landscape services relating to the maintenance of turf, plants and shrubs in public spaces. This includes mowing, blowing, edging, weed abatement, inspection services and irrigation maintenance. The full scope of work can be referenced in the Request for Proposals document, available by request.

Amendment No. 1 will add Landscape Maintenance Services to Exhibit B of the Agreement for the following locations:

Line Item Estimated Cost
ID: Location: Expenditure: Acreage: per month:

PK49: Fire Station TraininQ Tower 100-452-100-231 0.819 $ 133.45 PK50: Animal Shelter 100-451-100-231 0.15 $ 221.38
PK51: Police Annex 100-452-100-231 0.008 $ 150.00
PK52: 7th St. Basketball Courts 100-452-100-231 0.323 $ 125.00 PK53: New Police Station 100-452-100-231 1.53 $ 1,550.00 PL 150: Woodbrush Ave. Riaht of Ways 287-458-200-220 0.071 $ 140.00 PL 151: Canal Farm Ln. Right of Way 279-458-200-220 0.052 $ 144.50 PL 152: Dewberry Ct. Planter 287-458-200-220 0.067 $ 117.00 PL 153: OrtiQalita Rd. Right of Way 287 -458-200-220 0.386 $ 334.93 PL 154: Mulberry Way Riaht of Way 273-458-200-220 0.101 $ 198.90 PL 155: De Anza Way Median 27 4-458-200-220 0.013 $ 117.00 PL 156: H St. Righ of Wav 100-452-100-231 0.142 $ 216.60 PL 157: Ward Rd. Right of Ways 281-458-200-220 0.115 $ 166.40 PL158: N. Creekside Dr. Riaht of Way 281-458-200-220 0.032 $ 73.10 PL159: Ward Rd. Right of Ways 279-458-200-220 0.123 $ 176.40 PL160: E. Pacheco Blvd. RiQht of Ways 279-458-200-220 0.259 $ 367.20 PL 161: North Overland and Ward Rd. 281-458-200-220 0.095 $ 350.00 PL162: North Prairie Sorinas Dr. Riqht of Wav 287-458-200-220 0.44 $ 336.72 PL 163: Ward Rd. Right of Ways 281-458-200-220 0.337 $ 750.00 Staff is requesting that services for these locations be immediately added to the Landscape Maintenance Services agreement, effective March 2024. Staff is requesting an amendment to the Fiscal Budget for 2023-2024.

Staff is requesting to amend the Fiscal Budget for 2023-2024 to account for these additions for four months of service. The following line items will be impacted:

Line Item: Requested Amendment:
100-452-100-231 $9.585.72
273-458-200-220 $795.60
94 27 4-458-200-220 $468.00
279-458-200-220 $2,752.40
281-458-200-220 $5,358.00
287-458-200-220 $3,714.60
Fiscal Impact:

The fiscal impact of the additional service locations will generate an increase to the Fiscal Year 2023-2024 Budget of $22,674.32 (4 months of service remaining in Fiscal Year) and the life of the Landscape Maintenance Services agreement. Locations are billed on a monthly basis and encumbered at an annual amount. The recommended amendment will increase the agreement from $748,919.98 to $815,808.08 annually resulting in an increase of $66,888.10 for all landscape locations.

For the Fiscal Year 2023-2024, staff is requesting to increase appropriations in the following accounts as referenced in the Discussion portion of this Staff Report:
■ 100-452-100-231 in the amount of $9,585.72,
■ 273-458-200-220 in the amount of $795.60,
■ 274-458-200-220 in the amount of $468.00,
■ 279-458-200-220 in the amount of $2,752.40
■ 281-458-200-220 in the amount of $5,358.00, and
■ 287-458-200-220 int the amount of $3,714.60
Reviewed by:

Jos
Attachments:

Resolution
Quotations for Service
Amendment No. 1
Vanessa Portillo, Finance Director
95 THIS PAGE IS INTENTIONALLY LEFT BLANK
96 RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS AUTHORIZING THE CITY
MANAGER TO SIGN AMENDMENT NO. 1 TO THE

LANDSCAPE MAINTENANCE SERVICES

AGREEMENT BETWEEN THE CITY OF LOS
BANOS AND RONNYS INC. ADDING 19

LOCATIONS TO THE AGREEMENT AND
AMENDING THE FISCAL YEAR 2023-2024

BUDGET BY INCREASING APPROPRIATIONS IN
THE FOLLOWING ACCOUNTS: 100-452-100-231,
273-458-200-220, 274-458-200-220, 279-458-200-
220, 281-458-200-220 and 287-458-200-220
WHEREAS, the City of Los Banos entered into an agreement with Ronnys Inc. on June 5, 2023 to provide landscape maintenance services; and WHEREAS, the City Attorney has prepared Amendment No. 1 to the Agreement for the addition of landscape services in 19 additional locations; and WHEREAS, the City Council of the City of Los Banos has been presented a proposal to increase the appropriations in the 2023-2024 Fiscal Year budget; and WHEREAS, the City Council of the City of Los Banos may adjust the overall appropriation levels in each fund at any time during the Fiscal Year by action to amend the budget; and
WHEREAS, the proposed increases are to the following accounts: 100-452-100- 231 in the amount of $9,585.72, 273-458-200-220 in the amount of $795.60, 274-458- 200-220 in the amount of $468.00, 279-458-200-220 in the amount of $2752.40 and 281- 458-200-220 in the amount of $5358.00; and
WHEREAS, the proposed amendment to the 2023-2024 Fiscal Year Budget for an increase in appropriations to the accounts, 100-452-100-231, 273-458-200-220, 27 4-458- 200-220, 279-458-200-220, 281-458-200-220 and 287-458-200-220 has been reviewed; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos hereby authorizes the City Manager to sign Amendment No. 1 to the Landscape Maintenance Services agreement with Ronnys Inc. and approves amending the Fiscal Year 2023-2024 Budget by increasing appropriations in the following accounts: 100-452- 100-231 in the amount of $9,585.72, 273-458-200-220 in the amount of $795.60, 274- 458-200-220 in the amount of $468.00, 279-458-200-220 in the amount of $2752.40 and 281-458-200-220 in the amount of $5358.00; and
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 20th day of March 2024, by Council Member __ _ 97 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
98 AMENDMENT NO. 1

AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES
[RONNYS INC.]
THIS AMENDMENT NO. 1 TO LANDSCAPE MAINTENANCE SERVICES
AGREEMENT, is made and entered into by and between the CITY OF LOS BANOS, a California Municipal corporation, herein referred to as "City", and RONNYS INC., a California corporation, whose address is 1251 Badger Flat Road, Los Banos, California 93635, herein referred to as "Contractor".

RECITALS
WHEREAS, City and Contractor entered into a Landscape Maintenance Services Agreement, dated June 5, 2023, herein referred to as "Agreement" wherein Contractor agreed to perform specified city wide landscaping maintenance services in accordance with the terms of said Agreement; and
WHEREAS, the parties now wish to amend the Agreement to add additional locations to the Schedule of Services and to add additional Compensation for those additional locations as set forth herein.

NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1 . Section 3.2.2 Schedule of Services. The Schedule of Services set forth in Exhibit "B" of the Agreement is amended to add nineteen (19) additional locations. The amended Exhibit "B" of the Agreement is attached hereto and incorporated herein by reference.

2. Section 3.3.1 Compensation of the Agreement is amended as follows:
"Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement in accordance with the amended Exhibit "B" attached hereto and incorporated herein by reference. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement."

3. Except as expressly amended, all other terms and conditions of the Agreement shall remain in full force and effect. This Amendment No. 1 shall be effective upon execution of the parties to this Agreement.
99 IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to be executed and attested by their respective officers hereunto duly authorized.

Date:

Date:

ATTEST:

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

William A. Vaughn
City Attorney
RONNYS INC. a California corporation
by: RONNY NAVARRO, CEO
CITY OF LOS BANOS, a California
municipal corporation
by: JOSH PINHEIRO, City Manager
100
AMENDED EXHIBIT "B"
101
Location ID: Location Description:

CX1: AG Sports Complex
CX2: 7th St. Ballfields
CX3: Colorado Ballpark
PK1: Community Center
PK2: Skvlark Park
PK25: Davis Park
K26: Citv Park
PK28: Catholic Park
PK29: Bi0 Paae Park
31: Airport Park
PK32: Wolfsen Green Space
PK33: Flacwole Park
PK34: Pacheco Park
PK35: Little Paqe Park
PK35: Presidential Park
PK38: Gardens I Park
PK49: Fire Station Traininq Tower
PK50: Animal Shelter
PK51: Police Annex
PK52: 7th St. Basketball Courts
PK53: New Police Station
PL1: Del Rio Dr. Wall Planter
PL 139: I St. Median
PL140: Downtown Entry Signs
PL 141: Miller and Lux I St. Parking Lot
PL 141: Fire Station No. 1
PL 142: Citv Hall Landscape
PL 142: J St. Parking Lot
PL 143: Police Station
143: J St. and 7th St. Parking ot
PL 144: Lindemann Trail
PL 145: Fire Station No. 2
PL 145: 11 and Paae Extensions Trail
PL 147: HG Fawcett Canal Trail
PL 148: Rail Trail Extensions
PL149: 5th St. Rio ht of Wav
PL 156: H St. Right of Wav
PL3: Mercey Springs Alley
PL37: Hiqhwav 152 Riqht of Way
PL38: Miller Lane Tree Wells
General Fund Locations
Estimated Acreage: Location Type: Monthly Annual Total: Total Bid 1: Total Bid: 2: Base Total:

8.58 Complex $ 703.56 $

5.92 Complex $ 331.52 $

9.33 Complex $ 839.70 $

4.31 Park $ 797.35 $

1.27 Park $ 693.42 $

0.70 Park $ 186.03 $

1.03 Park $ 232.78 $

2.63 Park $ 802.15 $

0.26 Park $ 135.97 $

1.24 Park $ 298.84 $

0.33 Park $ 140.91 $

2.46 Park $ 179.58 $

0.61 Park $ 241.79 $

6.02 Park $1,137.78 $

0.18 Park $ 104.98 $

0.43 Park $ 105.04 $

0.76 Park $ 276.00 $

0.82 Park $ 133.45 $

0.15 Park $ 221.38 $

0.01 Park $ 150.00 $

0.32 Park $ 125.00 $

1.53 Park $ 1,550.00 $

1.10 Planter $ 187.51 $

0.04 Planter $ 38.00 $

0.00 Planter $ 89.00 $

0.29 Planter $ 66.92 $

1.68 Park $ 287.28 $

0.43 Park $ 372.82 $

0.33 Planter $ 60.13 $

0.30 Park $ 366.93 $

0.40 Planter $ 51.20 $

6.11 Planter $ 543.79 $

4.31 Park $ 142.23 $

0.84 Planter $ 79.80 $

15.68 Planter $1,113.56 $

6.59 Planter $ 428.35 $

0.02 Planter $ 67.00 $

0.14 Planter $ 216.60

0.32 Planter $ 167.06

0.86 Planter $ 558.14 $

0.24 Planter $ 28.08 I $
8,442.72 $ 497.64 $ 2,453.88
3,978.24 $ 343.36 $ 1,693.12
10,076.40 $ 541.14 $ 2,668.38
9,568.20 $ 249.98 $ 1,232.66
8,321.04 $ 73.66 $ 363.22
2,232.36 $ 40.72 $ 200.77
2,793.36 $ 59.74 $ 294.58
9,625.80 $ 152.54 $ 752.18
1,631.65 $ 15.25 $ 75.22
3,586.08 $ 71.92 $ 354.64
1,690.92 $ 19.14 $ 94.38
2,154.96 $ 142.68 $ 703.56
2,901.53 $ 35.15 $ 173.32
13,653.36 $ 349.16 $ 1,721.72
1,259.76 $ 10.50 $ 51.77
1,260.50 $ 24.77 $ 122.12
3,312.01 $ 43.85 $ 216.22
1,601.40 N/A N/A
2,656.56 $ 8.70 $ 42.90
1,800.00 N/A N/A
1,500.00 N/A N/A
18,600.00
2,250.12
455.99
1,068.00
J "" NIA I
803.09
3,447.3 a
4,473. 79
721.50 50
4,403.16
614.40
6,525.
1,706.76
957.60
13,362.77
5,140.
804.00
aa '>Q
DD"
o.o □
I $ 97.44 I
$ 25.06 j
I $ 480.48
1 $ 123.ss
$ 249.98 I $ 1,232.s6 l
102
General Fund Locations
PL4: Mercev SorinQs Rd. Oleanders 0.29 Planter $ 983.10 $ 11,797.20 PL41 : South Side B St. Corner 0.35 Planter $ 79.00 $ 947.98 PL64: Willmott North Wall Planter 0.49 Planter $ 242.00 $ 2,903.99 PL65: Willmott Trees South Ria ht of Wav 0.26 Planter $ 298.12 $ 3,577.

PL66: Frank St. Right of Way 0.17 Planter $ 96.02 $ 1,1 PL67: San Juan Corp Yard 0.37 Park $ 219.83 $ 2,638.0
PL69: Downtown Bench Area 0.07 Planter $ 130.02 $ 1,560.

PL70: 7th St. Basketball Court Landscape 0.02 Planter $ 67.01 $ 804.10 PL75: Madison Corp Yard 2.78 Park $ 250.20 $ 3,002.40
PL75: Pacheco Hwv Median 0.04 Planter $ 64.00 $ 768.01
PL78: Cemetary Oleanders 0.17 Planter $ 64.01 $ 768.10
Total Base Monthly Amount: $ 16,744.94
Total Base Annual Amount: $ 200,939.30
Total Bid 1 Amount: $ 3,052.37
Total Bid 2 Amount: $ 15,051.32
Grand Total Amount: $ 219,042.98
103
District 1 Locations
Location ID: Location Description: Estimated Acreage: Location Type: Monthly Base Total: I Annual Total: I Total Bid 1: I Total Bid: 2:

PK17: Vineyard B Basin Park 8.95 Park $ 647.98 $ 7,775.76 I $ 519.10 PK18: Vinevard A Basin Park 6.07 Park $ 541.02 $ 6,492.23 I $ 352.06 PK19: Vineyard C Basin Park 8.58 Park $ 598.03 $ 7,176.31 j $ 497.64 PK20: Ranchwood Park 4.55 Park $ 850.99 $ 10 211.84
PL46: Vinevard Dr. North RiQht of Wavs 0.74 Planter $ 376.00 $ 4,512.04 PL47: Vinevard Dr. South RiQht of Wavs 0.81 Planter $ 246.00 $ 2,951.97 PL48: Vinevard Dr. Medians 1.36 Planter $ 133.01 $ 1,596.06 PL49: North Stonewood Medians 0.34 Planter $ 129.00 $ 1,548.01 PL50: Marsala Wall Planter 0.30 Planter $ 78.00 $ 935,98 PL51: North Stonewood Medians 0.54 Planter $ 259,00 $ 3,108.00 PL52: Ranchwood Median 0.01 Planter $ 138.00 $ 1,656.00 PL53: Cottonwood Median 0.03 Planter $ 107.00 $ 1,284.00 PL54: Cabemev Median 0.03 Planter $ 82.00 $ 984.00
PL55: Nantes Median 0.05 Planter $ 446.00 $ 5,352.00
PL56: Sterlina Median 0.02 Planter $ 69.00 $ 828.00
PL57: Birchwood Median 0.04 Planter $ 64.00 $ 768.00
PL58: Nantes Ave. East RiQht of Wav 1.32 Planter $ 211.00 $ 2 531.98 PL59: Nantes Ave. West RiQht of Wav 0.59 Planter $ 380.00 $ 4,560.00 PL60: Santa Barbara St. Rioht of Wav 0.32 Planter $ 194.00 $ 2,328.00 PL61: Overland Ave. North Right of Way 0.67 Planter $ 380.00 $ 4,560.01 Total Base Monthly Amount: $ 5,930.02
Total Base Annual Amount: $ 71,160.20
Total Bid 1 Amount: $ 1,632.70
Total Bid 2 Amount: $ 8,050.90
Grand Total Amount: $ 80,843.80
104
Location ID: I Location Description:

PK36: Cresthills Park
PL76: Pioneer Wall Planter
PL77: Center Rd. Wall Planter
Total Base Monthly Amount:

Total Base Annual Amount:

Total Bid 1 Amount:

Total Bid 2 Amount:

Grand Total Amount:

District 2 Locations
Estimated Acreage: I Location Type:
$
$
$
$
$

4.66 IPark

0.08 I Planter

0.08 I Planter
804.00
9,648.05
270.28
1,332.76
11,251.09
Monthly Base
Total:
$ 468.00
$ 254.00
$ 82.00
Annual Total: I Total Bid 1: I Total Bid: 2:
$ 5,616.05 $ 270.28 $ 1,332.76
$ 3 048.00
$ 984.00
105
Location ID: Location Description:

PK37: Gardens V Basin Park
PK39: Gardens Ill Park
PL79: Cardoza Rd. Wall Planters
L8U:

PL81:

PL82:

PL87:

PL154:

Total Base Monthly Amount:

Total Base Annual Amount:

Total Bid 1 Amount:

Total Bid 2 Amount:

Grand Total Amount:

Estimated Acreage:

15.87 0.86

0.53 .13

0.11 0.04

0.29 District 3 Locations
Location Type:

Park
Park
Planter
Planter
Planter
Planter
Planter
lanter
Monthly Base
Total:
$ 867.93
$ 394.00
$ 346.00
$ 346.00
$ 69.00
$ 155.00
$ 146.00
$ 146.00

0.10IP1anter $ 198.90
$ 2,668.83
$ 32,025.98
$ 970.57
$ 4,785.92
$ 37,782.47
Annual Total: Total Bid 1: Total Bid: 2:
$ 10,
$
$ 4,152.00
$ 4,152.00
$ 828.00
$ 1,860.00
$ 1,752.00
$ 1,752.0
$ 2,386.80
106
District 4 Locations
Location ID: I Location Description: Estimated Acreage: Location Type: Monthly Base Total: Annual Tot~I: Bid I Total Bid: 2:

Total:

PK16: Colleoe Greens Park 5.07 Park $ 479.01 $ 5,748.16 PL43: North De Anza Way Right of Way 1.68 Planter $ 242.01 $ 2 904.09 PL44: South De Anza Wav Rioht of wav 1.19 Planter $ 242.00 $ 2,903.97 PL45: Place Rd. Planter 0.04 Planter $ 231.00 $ 2,772.00 PL 155: De Anza Way Median 0.013 Planter $ 117.00 $ 1,404.00 Total Base Monthly Amount: $ 1,311 .02
Total Base Annual Amount: $ 15,732.22
Total Bid 1 Amount: $ 294.06
Total Bid 2 Amount: $ 1,450.02
Grand Total Amount: $ 17,476.30
107
District 5 Locations
Location ID: I Location Description: . . Monthly Base I Estimated Acreage: I Location Type: I Total: Annual Total: I Total Bid 1: I Total Bid: 2:

PK21: Citrus I Park 0.30 Park $ 192.00 $ 2,304.02 $ 17.28 $ 85.23 PK22: Citrus II Park 2.40 Park $ 535.01 $ 6,420.10 $ 139.20 $ 686.40 PK23: Orchard Terrace 1.17 Park $ 338.00 $ 4,056.02 $ 67.86 $ 334.62 PL62: Overland Ave. South Riaht of Wav 0.26 Planter $ 367.00 $ 4,404.00 PL63: Sunburst Ct. Right of Ways 0.38 Planter $ 185.00 $ 2,220.02 Total Base Monthly Amount: $ 1,617.01
Total Base Annual Amount: $ 19,404.14
Total Bid 1 Amount: $ 224.34
Total Bid 2 Amount: $ 1,106.25
Grand Total Amount: $ 20,734.74
108
District 6 Locations
Monthly
Location ID: I Location Description: I Estimated Acreage: I Location Type: I Base Total:

Annual
Total:
iter $ 104.oo I $ 1,
Total Base Monthly Amount:

Total Base Annual Amount
Total Bid 1 Amount:

Total Bid 2 Amount
Grand Total Amount:
$
$
$
$
$
104.00
1,248.00
1,248.00
Total Bid ITotal Bid:
1: 2:
109
Location ID:

PL40:

PL42:

Total Base Monthly Amount:

Total Base Annual Amount:

Total Bid 1 Amount:

Total Bid 2 Amount:

Grand Total Amount:

Location Description:

Wisteria Ave. Wall Planters
North Side B St. Planter
$
$
$
$
$
275.00
3,300.01
3,300.01
District 7 Locations
Estimated Acreage: I Location Type: I Monthly Base Total: I Annual Total: I Total Bid 1: I Total Bid: 2:
$ 0.06 I Planter $ 193.00 I $ 2,316.00
i 0.37 I Planter i 82.00 I i 984.01
110
Location ID: I Location Description:

PK6: IJo Lin Basin Park
PK13:

PK14:

L2o:

PL27: I Greenbriar Median
PL28: IWard Rd. East Medians
PL29: I Park Place Median
PL30:

PL 151:

PL 159: Ward Rd. Rii:iht ot wavs
PL 160: E. Pacheco Blvd. Rioht of Wavs
Total Base Monthly Amount:

Total Base Annual Amount:

Total Bid 1 Amount:

Total Bid 2 Amount:

Grand Total Amount:

Estimated
Acreage:

4.17 1.82
.62

0.19 0.03

0.48 0.04

0.03 0.05

0.12 0.26
$ 2,604.12
$ 31,249.43
$ 383.61
$ 1,891.60
$ 33,524.64
District 9 Locations
Location Type: Monthly Base Annual Total: Total Bid 1: Total: Total Bid: 2:

Park $ 428.01 $ 5,136.11 $ 1,192.62
Park $ 423.01 $ 5,076.

Park $ 327.00 $ 3,924.00
Planter $ 289.00 $ 3,467.99
Planter $ 78.00 $ 936.00
Planter $ 242.00 $ 2,904.0.

Planter $ 69.00 $ 828.00
Planter $ 60.00 $ 720.00
Planter $ 144.50 $ 1,734.01
Planter $ 176.40 $ 2,116.80
Planter $ 367.20 $ 4,406.40
111
District 10 Locations
Location ID: Location Description: Estimated Location Type: Monthly Base Annual Total: I Total Bid 1; I Total Bid: 2: Acreage: Total:

PL 134: 152 South Right of Wa 0.37 Planter $ 285.00 $ 3,419.98 PL 136: Badcier Flat Rd. Median 0.07 Planter $ 60.00 $ 720.00 PL 137: Badcier Flat Rd. East Ri 0.09 Planter $ 103.00 $ 1,236.00 PL 138: 0.11 Planter $ 99.00 $ 1,188.00
Total Base Monthly Amount: $ 547.00
Total Base Annual Amount: $ 6,563.99
Total Bid 1 Amount: $
Total Bid 2 Amount: $
Grand Total Amount: $ 6,563.99
112
District 11 Locations
Location ID: I Location Description: . . Monthly Base I Estimated Acreage: I Location Type: I Total: Annual Total: I Total Bid 1: I Total Bid: 2:

PK7: Veterans Park 2.16 Park $ 665.00 $ 7,979.99 $ 125.28 $ 617.76 K8: Meadowlands Basin 24.40 Park $ 1,634.07 $ 19,608.82 $ 1,415.20 $ 6,978.40 PK9: Meadowlands I Park 0.62 Park $ 181.00 $ 2,171.96 $ 35.79 $ 176.46 PK10: Meadowlands II Park 4.38 Park $ 737.99 $ 8,855.83 $ 254.04 $ 1,252.68 PK11: Meadowlands Ill Park 3.44 Park $ 1,267.98 $ 15,215.81 $ 199.52 $ 983.84 PK12: Meadowlands Courtvard 1.01 Park $ 627.00 $ 7,523.97 $ 58.58 $ 288.86 1: Overland Dr. South Planter 0.27 Planter $ 341.00 $ 4,091.99 ard Rd. West Planter 0.20 Planter $ 177.00 $ 2,124.01
L24: Ward Rd. Center Median 0.39 Planter $ 87.00 $ 1,0
PL25: Ward Rd. Center Medians 0.83 Planter $ 87.00 $ 1, PL31: Ward Rd. West Riqht of wav 0.65 Planter $ 168.00 $ 2,016.00 PL32: North San Luis St. Riqht of Way 1.94 Planter $ 523.01 $ 6,276.1 PL33: South San Luis St. Riqht of Wav 1.53 Planter $ 484.00 $ 5,1 PL34: San Luis Medians 0.18 Planter $ 373.00 $ 4,476.00 L35: Snow Goose Dr. Medians 0.02 Planter $ 107.00 $ 1,284.00 L36: Snow Goose Dr. Right of Way 0.07 Planter $ 112.00 $ 1,344.00 L167: Fallbrook Dr. Median 0.02 Planter $ 82.00 $ 984.00 PL 157: Ward Rd. Riqht of Ways $ 0.12 Planter $ 166.40 $ 1,996.80 PL158: N. Creekside Dr. Riqht of Way $ 0.03 Planter $ 73.10 $ PL 161: North Overland and Ward Rd. $ 0.10 Planter $ 350.00 $ PL 163: Ward Rd. Rii:;ht of Ways $ 0.34 Planter $ 750.00 $ Total Base Monthly Amount: $ 8,993.55
Total Base Annual Amount: $ 107,922.55
Total Bid 1 Amount: $ 2,088.41
Total Bid 2 Amount: $ 10,298.00
Grand Total Amount: $ 120,308.96
113
District 12 Locations
Location ID: Location Description: Estimated Acreage: I Location Type: I Mo~~~~l~ase I Annual Total: I Total Bid 1: I Total Bid: 2:

PK5: Verona Basin Park 6.75 Park $ 704.03 $ 8,448.30 I $ 391.50 l $ 1,930.50 PL16: Mission Dr. Right of Way 0.03 Planter $ 519.00 $ 6,228.00 PL17: Place Rd. Planter 0.46 Planter $ 237.00 $ 2,844.02 PL18: Palermo Right of Way 0.02 Planter $ 134.00 $ 1,608.00 PL19: Place Rd. Median 0.12 Planter $ 133.00 $ 1,596.00 PL20: B St. Planter 0.80 Planter $ 480.00 $ 5,759.99
PL23: Ward Rd. Wall Planter 0.48 Planter $ 913.00 $ 10,956.00 PL39: B St. Planter 0.29 Planter $ 406.00 $ 4,871.99
Total Base Monthly Amount: $ 3,526.03
Total Base Annual Amount: $ 42,312.30
Total Bid 1 Amount: $ 391.50
Total Bid 2 Amount: $ 1,930.50
Grand Total Amount: $ 44,634.30
114
Location ID: Location Description:

PL12:

PL 13:

Total Base Monthly Amount:

Total Base Annual Amount:

Total Bid 1 Amount:

Total Bid 2 Amount:

Grand Total Amount:

District 13 Locations
Estimated Acreage: I Location Type: I Mo~~~~l~ase I Annual Total: I Total Bid 1: I Total Bid: 2:
$
$
$
$
$
.18 I Planter

0.21 !Planter
809.00
9,708.00
9,708.00

4.oo I $ 5,088.00
$ 5.oo I $ 4,619.99
115
Location ID: Location Description:

PK2 Skylark Park (Expansion
PK3
PK4:

PL?:

PL6:

PL8:

PL!:1:

PL 10:

PL 11:
14:

PL 15:

Total Base Monthly Amount
Total Base Annual Amount:

Total Bid 1 Amount:

Total Bid 2 Amount
Grand Total Amount:

District 14 Locations
Estimated Acreage: I Location Type: Monthly Base
Total:

6.151Park $ 406.02
Park $ 202.00

4.98 Park $ 726.98

0.63 Planter $ 104.00

0.22 Planter $ 146.00

0.05 Planter $ 129.00

0.44 Planter $ 155.00

0.39 Planter $ 146.00

1.20 Planter $ 515.00

0.44 Planter $ 86.00

0.46 Planter $ 146.00

0.41 Planter $ 91.00
$ 2,853.00
$ 34,236.02
$ 673.26
$ 3,319.89
$ 38,229.17
Annual Total: Total Bid 1: Total Bid: 2
$ 4,872.28 $ 356.70 $ 1,758.90
$ 2,423.98 $ 27.72 $ 136.71
$ 8,723.76 $ 288.84 $ 1,424.28
$ 1,248.
$ 1,752.00
$ 1,548.00
$ 1,859.91
$ 1,752.00
$ 6,179.99
$ 1,032.01
$ 1,752.0
$ 1,091.99
116
Location ID: Location Description:

PL83: Ortiqalita and Birch Wall Planters
PL84: Birch Ave. Ri0ht of wa
PL85: Birch Median
PL86: Ortiaalita Right of ways
Total Base Monthly Amount:

Total Base Annual Amount:

Total Bid 1 Amount:

Total Bid 2 Amount:

Grand Total Amount:

District 15 Locations
Estimated Acreage: I Location Type:
$
$
$
$
$

0.15 IPlanter

0.05IPlanter

0.04IPlanter

0.081 Planter
518.00
6,216.00
6,216.00
$
$
$
$
Monthly Base
Total:
190.00 I $
146.00 I $
100.00 I $
.00
Annual Total: Total Bid 1: Total Bid: 2:
117
Location ID: Location Description:

PL71:

PL72:

PL73:

PL74: Watt Dr. Wall Planter
Total Base Monthly Amount:

Total Base Annual Amount:

Total Bid 1 Amount:

Total Bid 2 Amount:

Grand Total Amount:

District 16 Locations
Estimated Acreage: I Location Type: Monthly Base
Total:
$
$
$
$
$

0.07 0.17

0.18 0.19
426.00
5,112.00
5,112.00
Planter $ 138.00
Planter $ 120.00
Planter $ 104.00
Planter $ 64.00
Annual Total: Total Bid 1: Total Bid: 2:
$ 1,656.00
$ 1,440.01
$ 1,248.01
$ 767.99
118
Location ID: Location Description:

CX4: Oliveira Park
PK24: Oliveira Courtyard
PK30: Neighborhood Park
PK40: Village Park
PL 100: Fox Tail Lane Right of Ways
PL 101: Burley Ln. Right of Ways
PL 102: Badger Flat West Right of Ways
PL 103: Badger Flat East Right of Ways
PL 104: Travertine Way North Right of Ways
PL 105: Travertine Way South Rioht of Ways
PL 106: Travertine West Median
PL 107: Travertine East Median
PL 108: Badoer Flat Rd. North Median
PL 109: Badoer Flat Rd. South Median
PL110: Burley Ln. Medians
PL 111: Limestone Blvd. West Rioht of Ways
PL 112: Limestone Blvd. East Riaht of Ways
PL 113: Larimar Way North Rio ht of Ways
PL 114: Larimar Way South Riaht of ways
PL 115: Ortioalita Rd. West Rioht of Ways
PL 116: Gabbro Way Ria ht of Ways
PL 117: Gabbro Way Median
PL 118: Church Rd. Median
PL 119: Thistle Ln. Medians
PL 120: Church Rd. North Riaht of Ways
PL 121: Church Rd. South Rioht of Wavs
PL122: Thistle Ln. North Riaht of Ways
PL123: Thistle Ln. South Ria ht of Ways
L124: Bermuda Ln. Median
PL 125: Badger Flat Rd. Circle Median
PL 126: Bermuda Ln. Right of Way
PL 127: Prairie Springs Dr. South Median
L 128: Prairie Springs Dr. North Median
PL 129: Stonecreek Blvd. East Rioht of Ways
PL 130: Prairie Sorinos Dr. South Rioht of Ways
131: Woodland Ct. Rioht of Wavs
PL 132: Woodland Ct. Median
PL 135: Hiahway 152 South Riaht of Ways
L88: Wildrve Ave. Circle
1: I Cardoza Rd. North Riciht of Ways I
District 17 Locations
Estimated Acreage: Location Type: Mo~~~~l~ase l Annual Total: I Total Bid 1: I Total Bid: 2:

7.76 Complex $

0.96 Park $

0.54 Park $

0.55 Park $

0.05 Planter $

0.12 Planter $

0.92 Planter $

0.54 Planter $

0.17 Planter $

0.61 Planter $

0.03 Planter $

0.03 Planter $

0.16 Planter $

0.17 Planter $

0.05 Planter $

0.21 Planter $

0.23 Planter $

0.07 Planter $

0.05 Planter $

0.38 Planter $

0.07 Planter $

0.04 Planter $

0.05 Planter $

0.06 Planter $

0.89 Planter $

0.67 Planter $

0.04 Planter $

0.05 Planter $

0.04 Planter $

0.24 Planter $

0.02 Planter $

0.05 Planter $

0.02 Planter $

0.38 Planter $

0.38 Planter $

0.06 Planter $

0.03 Planter $

0.74 Planter $

0.03 Planter $

0.04 Planter $

0.13 Planter $

1.58 Planter $
884.64
432.90
328.86
329.04

79.0 99.9
433.30
391.13
178.01
203.85
100.01
100.01
141.99
266.92

79.00 141.93
194.09
100.03

79.01 328.90

99.97 79.00

79.02 99.99
267.31
266.90
120.99
121.

90.00 391.07
1 $ 10,615.68
$ 5,194.80
$ 3,946.32
$ 3,948.42

48.08 $ 5,199.55
$ 4,693.51 J
$ 2,136.1
$ 2,446.18
$ 1,200.07
$ 1,200.07
$ 1,703.84
$ 3,202.99
$ 947.99
$ 1,703.21
$ 2,329.07
$ 1,200.34
$ 948.10
$ 3,946.82
$ 1,199.69
$ 948.00
$ 948.28
$ 1,199.90
$ 3,207.67
$ 3,202.85
$ 1,451.89
. .452.05
$ 1,080.00
$ 4,692.86
$ 1,200.00

00.01 $ 1,200.13
0 00 $ 948.00
276.86 $ 3,322.37
329.00 $ 3,947.96

99.99 $ 1,199.88

79.00 $ 947.95
328.86 $ 3,946.26

79.02 $ 948.19

78.99 $ 947.89
142.04 $ 1,704.53
329.06 $ 3,948.67
$ 450.08 $ 2,219.36
$ 55.80 $ 275.13
$ 31.32 $ 154.44
$ 32.07 $ 158.16
119
District 17 Locations
PL92: Landinci Way Rici ht of Ways 0.11 Planter $ 100.01 $ 1,200.13 PL93: Limestone Blvd. Right of Way 0.04 Planter $ 121.00 $ 1,452.00 PL94: Cardoza Rd. South Right of Ways 0.46 Planter $ 328.90 $ 3, PL95: Cardoza Rd. West Right of Ways 0.41 Planter $ 433.19 $ 5,198.33 PL96: Cardoza Rd. East Riciht of Ways 0.40 Planter $ 381.05 $ 4,572.54 PL97: Cardoza Rd. East Circle Median 0.06 Planter $ 79.02 $ 948.24 PL98: Cardoza Rd. South Circle Median 0.14 Planter $ 111.02 $ 1,332.24 PL99: Cardoza Rd. South Foxtail Median 0.02 Planter $ 121 .00 $ 1 452.02 PL 150: Woodbrush Ave. Riciht of Ways 0.07 Planter $ 140.00 $ 1,680.00 PL 152: Dewberry Ct. Planter 0.07 Planter $ 117.00 $ 1,404.00 PL 153: Ortiqalita Rd. Riqht of Way 0.39 Planter $ 334.93 $ 4,019.16 PL 162: North Prairie Springs Dr. Riqht of Way 0.44 Planter $ 336.72 $ 4,040.64 Total Base Monthly Amount: $ 11,133.47
Total Base Annual Amount: $ 133,601 .66
Total Bid 1 Amount: $ 569.27
Total Bid 2 Amount: $ 2,807.09
Grand Total Amount: $ 136,978.02
120
Location ID: I Location Description:

PL152: Rail Trail Corridor
PL68: Rail Trail Median 7th St.

Total Base Monthly Amount:

Total Base Annual Amount:

Total Bid 1 Amount:

Total Bid 2 Amount:

Grand Total Amount:

District 18 Locations
Estimated Acreage: I Location Type:
$
$
$
$
$

6.91 I Planter

0.07 IPlanter
785.98
9,431.77
9,431.77
$
$
Monthly Base
Total: Annual Total:
379.98 I $ 4,559.77
406.

Total Bid 1: Total Bid: 2:
121
District 19 Locations
Location ID: Location Description: Estimated Acreage: Location Type: Monthly Base Annual Total: Total Bid 1: Total Bid: 2: Total:

PK15: Talbott Basin Park 9.19 Park $ 855.04 $ 10,260.45 $ 533.02 $ 2,628.34 Total Base Monthly Amount: $ 855.04
Total Base Annual Amount: $ 10,260.45
Total Bid 1 Amount: $ 533.02
Total Bid 2 Amount: $ 2,628.34
Grand Total Amount: $ 13,421.81
122
LB
RONNY$
1251 BADGER FLAT RD
LOS BANOS, CA 93635
(209) 827-9858

CITY OF LOS BANOS
411 MADISON AVE.

LOS BANOS, CA 93635

LANDSCAPE MAINTENANCE

GENERAL FUND
PK49
PK49: FIRE STATION TRAINING TOWER 0.819 ACRES (FIRE STATION TRAINING TOWER SPACE) Signature Pura Vida! ronny®romtysinc.com
Estimate
15896
7/31/23
Terms
Net 30
133.45
Total $133.45
Payment is due within net days allotted after invoice is received or upon job completion. If customer fails to make payment when due, customer agrees to pay Ronnys Inc. late charges at the rate of eighteen percent per annum on all past due, unpaid amounts. If for any reason the rate of eighteen percent is found to be unenforceable, customer agrees to pay Ronnys lnc. late charges at the maximum rate then permitted by California law. Customer also agrees to pay Ronnys Inc. reasonable attorneys' fees, legal fees, professional service fees and any other costs incurred to recover amounts not paid when due. Customer agrees to make payment hereunder to Ronnys lnc. at its principal place of business, 1251 Badger Flat Rd., Los Banos, CA 9363 5 Certified Arborist, Contractor# 809197, classes: C6 l/D49 Tree, C-8 concreter, C-27 landscape & C-13 fencing. Certified irrigation technician, certified backflow tester, certified qualify chemical applicator and certified compost technician. General liability, Commercial auto & workers comp insured. In compliance with business laws & regulations for USA, CA, Merced county, Los Banos City & Dos Palos City. We observe Thanksgiving,chritsmas & new year's day. 123
LB
RONNYS
1251 BADGER FLAT RD
LOS BANOS, CA 93635
(209) 827-9858

CITY OF LOS BANOS
411 MADISON AVE.

LOS BANOS, CA 93635

LANDSCAPE MAINTENANCE
PKS0: ANIMAL SHELTER 0.15 ACRES (AIRPORT)
Signature Pura Vida!

GENERAL FUND
PK50
ronny®ronnysinc.com
Estimate
Total
15904
7/31/23
Terms
221.38
$221.38
Payment is due within net days allotted after invoice is received or upon job completion. If customer fails to make payment when due, customer agrees to pay Ronnys Inc. late charges at the rate of eighteen percent per annum on all past due, unpaid amounts. Iffor any reason the rate of eighteen percent is found to be unenforceable, customer agrees to pay Ronnys Inc. late charges at the maximum rate then permitted by California law. Customer also agrees to pay Ronnys Inc. reasonable attorneys' fees, legal fees, professional service fees and any other costs incurred to recover amounts not paid when due. Customer agrees to make payment hereunder to Ronnys Inc. at its principal place of business, 1251 Badger Flat Rd., Los Banos, CA 93635 Certified Arborist, Contractor# 809197, classes: C61/D49 Tree, C-8 concreter, C-27 landscape & C-13 fencing. Certified irrigation technician, certified backflow tester, certified qualify chemical applicator and certified compost technician. General liability, Commercial auto & workers comp insured. In compliance with business laws & regulations for USA, CA, Merced county, Los Banos City & Dos Palos City. We observe Thanksgiving,chritsmas & new year's day. 124
LB
RONNYS
1251 BADGER FLAT RD
LOS BANOS, CA 93635
(209) 827-9858

CITY OF LOS BANOS
411 MADISON AVE.

LOS BANOS, CA 93635

LANDSCAPE IMJNTENANCE
PK51: POLICE ANNEX 0.008 ACRES (POLICE ANNEX PLANTERS)
Signature Pura Vida!
Estimate

GENERAL FUNDS PARKS
PK51
ronny®ronnysinc.com Total
159-40
3/31/24
Terms
Net30
150.00
$150.00
Payment is due within net days allotted after invoice is received or upon job completion. If customer fails to make payment when due, customer agrees to pay Ronnys Inc. late charges at the rate of eighteen percent per annum on all past due, unpaid amounts. If for any reason the rate of eighteen percent is found to be unenforceable, customer agrees to pay Ronnys Inc. late charges at the maximum rate then permitted by California law. Customer also agrees to pay Ronnys Inc. reasonable attorneys' fees, legal fees, professional service fees and any other costs incurred to recover amounts not paid when due. Customer agrees to make payment hereunder to Ronnys Inc. at its principal place of business, 1251 Badger Flat Rd., Los Banos, CA 93635 Certified Arborist, Contractor# 809197, classes: C61/D49 Tree, C-8 concreter, C-27 landscape & C-13 fencing. Certified irrigation technician, certified backtlowtester, certified qualify chemical applicator and certified compost technician. General liability, Commercial auto & workers comp insured. In compliance with business laws & regulations for USA, CA, Merced county, Los Banos City & Dos Palos City. We observe Thanksgiving,chritsmas & new year's day. 125
LB
RONNY$
1251 BADGER FLAT RD
LOS BANOS, CA 93635
(209) 827-9858

CITY OF LOS BANOS
411 MADISON AVE.

LOS BANOS, CA 93635

LANDSCAPE MAINTENANCE
PK52: 7TH ST. BASKETBALL COURTS 0.323 ACRES
Signature Pura Vida!
Estimate

GENERAL FUNDS PARKS
PK52
ro11ny®ronnysinc.com Total
15941
3/31/24
Terms
Net30
125.00
$125.00
Payment is due within net days allotted after invoice is received or upon job completion. If customer fails to make payment when due, customer agrees to pay Ronnys Inc. late charges at the rate of eighteen percent per annum on all past due, unpaid amounts. If for any reason the rate of eighteen percent is found to be unenforceable, customer agrees to pay Ronnys Inc. late charges at the maximum rate then permitted by California law. Customer also agrees to pay Ronnys Inc. reasonable attorneys' fees, legal fees, professional service fees and any other costs incurred to recover amounts not paid when due. Customer agrees to make payment hereunder to Ronnys Inc. at its principal place of business, 1251 Badger Flat Rd., Los Banos, CA 93635 Certified Arborist, Contractor# 809197, classes: C61/D49 Tree, C-8 concreter, C-27 landscape & C-13 fencing. Certified irrigation technician, certified backflow tester, certified qualify chemical applicator and certified compost technician. General liability, Commercial auto & workers comp insured. In compliance with business laws & regulations for USA, CA, Merced county, Los Banos City & Dos Palos City. We observe Thanksgiving,chritsmas & new year's day. 126
LB
RONNYS
1251 BADGER FLAT RD
LOS BANOS, CA 93635
(209) 827-9858
CllY OF LOS BANOS
411 MADISON AVE.

LOS BANOS, CA 93635

LANDSCAPE MAINTENANCE
PK53: NEW POLICE STATION 1.53 ACRES
Signature Pura Vida!

GENERAL FUND PARKS
PK53
[email protected]
Estimate
Total
15905
3/31/24
Terms
Net 30
1,550.00
$1,550.00
Payment is due within net days allotted after invoice is received or upon job completion. If customer fails to make payment when due. customer agrees to pay Ronnys Inc. late charges at the rate of eighteen percent per annum on all past due, unpaid amounts. If for any reason the rate of eighteen percent is found to be unenforceable, customer agrees to pay Ronnys Inc. late charges at the maximum rate then permitted by California law Customer also agrees to pay Ronnys Inc. reasonable attorneys' fees, legal fees, professional service fees and any other costs incurred to recover amounts not paid when due. Customer agrees to make payment hereunder to Ronnys Inc. at its principal place of business, 1251 Badger Flat Rd., Los Banos, CA 93635 Certified Arborist, Contractor# 809197, classes: C61/D49 Tree, C-8 concreter, C-27 landscape & C-13 fencing. Certified irrigation technician, certified backflowtester, certified qualify chemical applicator and certified compost technician. General liability, Commercial auto & workers comp insured. In compliance with business laws & regulations for USA, CA, Merced county, Los Banos City & Dos Palos City. We observe Thanksgiving,chritsmas & new year's day. 127
LB
RONNYS
1251 BADGER FLAT RD
LOS BANOS, CA 93635
(209) 827-9858

CITY OF LOS BANOS
411 MADISON AVE.

LOS BANOS, CA 93635

LANDSCAPE MAINTENANCE
PL 150: WOODBRUSH AVE. RIGHT OF WAYS 0.071 ACRES (OFF BADGER FLAT RD.) Signature Pura Vida!
DISTRCIT 17
PL150
ronny®ronnysinc.com
Estimate
Total
15943
7/31/23
Terms
Net30
140.00
$140.00
Payment is due within net days allotted after invoice is received or upon job completion. If customer fails to make payment when due, customer agrees to pay Ronnys Inc. late charges at the rate of eighteen percent per annum on all past due, unpaid amounts. If for any reason the rate of eighteen percent is found to be unenforceable, customer agrees to pay Ronnys Inc. late charges at the maximum rate then permitted by California law. Customer also agrees to pay Ronnys Inc. reasonable attorneys' fees, legal fees, professional service fees and any other costs incurred to recover amounts not paid when due. Customer agrees to make payment hereunder to Ronnys Inc. at its principal place of business, 1251 Badger Flat Rd., Los Banos, CA 93635 Certified Arborist, Contractor# 809197, classes: C61/D49 Tree, C-8 concreter, C-27 landscape & C-13 fencing. Certified irrigation technician, certified backflowtester, certified qualify chemical applicator and certified compost technician. General liability, Commercial auto & workers comp insured. In compliance with business laws & regulations for USA, CA, Merced county, Los Banos City & Dos Palos City. We observe Thanksgiving,chritsmas & new year's day. 128
LB
RONNYS
1251 BADGER FLAT RD
LOS BANOS, CA 93635
(209) 827-9858

CITY OF LOS BANOS
411 MADISON AVE.

LOS BANOS, CA 93635

LANDSCAPE MAINTENANCE
PL 151: CANAL FARM LN. RIGHT OF WAY 0.052 ACRES (BEHIND FOOD 4 LESS) Signature Pura Vida!
DISTRICT9
PL151
[email protected]
Estimate
Total
15900
7/31/73
Terms
Net30
144.50
$144.50
Payment is due within net days allotted after invoice is received or upon job completion. If customer fails to make payment when due, customer agrees to pay Ronnys Inc. late charges at the rate of eighteen percent per annum on all past due, unpaid amounts. If for any reason the rate of eighteen percent is found to be unenforceable, customer agrees to pay Ronnys Inc. late charges at the maximum rate then permitted by California law. Customer also agrees to pay Ronnys Inc. reasonable attorneys' fees, legal fees, professional service fees and any other costs incurred to recover amounts not paid when due. Customer agrees to make payment hereunder to Ronnys Inc. at its principal place of business, 1251 Badger Flat Rd., Los Banos, CA 93635 Certified Arborist, Contractor# 809197, classes: C6 l/D49 Tree, C-8 concreter, C-27 landscape & C-13 fencing. Certified irrigation technician, certified backflow tester, certified qualify chemical applicator and certified compost technician. General liability, Commercial auto & workers comp insured. In compliance with business laws & regulations for USA, CA, Merced county, Los Banos City & Dos Palos City. We observe Thanksgiving,chritsmas & new year's day. 129
LB
RONNY$
1251 BADGER FLAT RD
LOS BANOS, CA 93635
(209) 827-9858

CITY OF LOS BANOS
411 MADISON AVE.

LOS BANOS, CA 93635

LANDSCAPE MAINTENANCE
DISTRICT 17
PL152
PL 152: DEWBERRY CT 0.067 ACRES (LANDSCAPE BETWEEN DEWBERRY CT AND BADGER FLAT) Signature Pura Vida! [email protected]
Estin1ate
15890
7/31/23
Terms
Net 30
117.00 I
Total $117.00
Payment is due within net days allotted after invoice is received or upon job completion. If customer fails to make payment when due, customer agrees to pay Ronnys Inc. late charges at the rate of eighteen percent per annum on all past due, unpaid amounts. If for any reason the rate of eighteen percent is found to be unenforceable, customer agrees to pay Ronnys Inc. late charges at the maximum rate then permitted by California law. Customer also agrees to pay Ronnys Inc . reasonable attorneys' fees, legal fees, professional service fees and any other costs incurred to recover amounts not paid when due. Customer agrees to make payment hereunder to Ronnys Inc. at its principal place of business, 1251 Badger Flat Rd., Los Banos, CA 93635 Certified Arborist, Contractor# 809197, classes: C6l/D49 Tree, C-8 concreter, C-27 landscape & C-13 fencing. Certified irrigation technician, certified back.flow tester, certified qualify chemical applicator and certified compost technician. General liability, Commercial auto & workers comp insured. In compliance with business laws & regulations for USA, CA, Merced county, Los Banos City & Dos Palos City. We observe Thanksgiving,chritsmas & new year's day. 130
LB
RONNYS
1251 BADGER FLAT RD
LOS BANOS, CA 93635
(209) 827-9858

CITY OF LOS BANOS
411 MADISON A VE.

LOS BANOS, CA 93635

LANDSCAPE MAINTENANCE
PL 153: ORTIGAUTA RIGHT OF WAY 0.386 ACRES (WEST ORTIGALITA LANDSCAPE) Signature Pura Vida!
DISTRICT 17
PL153
ronny®ronnysinc.com
Estimate
Total
15891
7/31/23
Terms
Net30
334.93
$334.93
Payment is due within net days allotted after invoice is received or upon job completion. If customer fails to make payment when due, customer agrees to pay Ronnys Inc. late charges at the rate of eighteen percent per annum on all past due, unpaid amounts. If for any reason the rate of eighteen percent is found to be unenforceable, customer agrees to pay Ronnys Inc. late charges at the maximum rate then permitted by California law. Customer also agrees to pay Ronnys Inc. reasonable attorneys' fees, legal fees, professional service fees and any other costs incurred to recover amounts not paid when due. Customer agrees to make payment hereunder to Ronnys Inc. at its principal place of business, 1251 Badger Flat Rd., Los Banos, CA 93635 Certified Arborist, Contractor# 809197, classes: C61/D49 Tree, C-8 concreter, C-27 landscape & C-13 fencing. Certified irrigation technician, certified backflow tester, certified qualify chemical applicator and certified compost technician. General liability, Commercial auto & workers comp insured. In compliance with business laws & regulations for USA, CA, Merced county, Los Banos City & Dos Palos City. We observe Thanksgiving,chritsmas & new year's day. 131
LB
RONNYS
1251 BADGER FLAT RD
LOS BANOS, CA 93635
(209) 827-9858

CITY OF LOS BANOS
411 MADISON A VE.

LOS BANOS, CA 93635

LANDSCAPE MAINTENANCE
DISTRICT 3
PL154
PL 154:MULBERRY WAY RIGHT OF WAY 0.101 ACRES (MULBERRY BETWEEN POPLAR AND BIRCH) Signature Pura Vida! [email protected]
Estimate
Total
15892
7/31/23
Terms
Net30
198.90
$198.90
Payment is due within net days allotted after invoice is received or upon job completion. If customer fails to make payment when due, customer agrees to pay Ronnys Inc. late charges at the rate of eighteen percent per annum on all past due, unpaid amounts. If for any reason the rate of eighteen percent is found to be unenforceable, customer agrees to pay Ronnys Inc. late charges at the maximum rate then permitted by California law. Customer also agrees to pay Ronnys Inc. reasonable attorneys' fees, legal fees, professional service fees and any other costs incurred to recover amounts not paid when due. Customer agrees to make payment hereunder to Ronnys Inc. at its principal place of business, 1251 Badger Flat Rd., Los Banos, CA 93635 Certified Arborist, Contractor# 809197, classes: C61/D49 Tree, C-8 concreter, C-27 landscape & C-13 fencing. Certified irrigation technician, certified backflow tester, certified qualify chemical applicator and certified compost technician. General liability, Commercial auto & workers comp insured. In compliance with business laws & regulations for USA, CA, Merced county, Los Banos City & Dos Palos City. We observe Thanksgiving,chritsmas & new year's day. 132
LB
RONNYS
1251 BADGER FLAT RD
LOS BANOS, CA 93635
(209) 827-9858

CITY OF LOS BANOS
411 MADISON AVE.

LOS BANOS, CA 93635

LANDSCAPE MAINTENANCE
PL 155: DE ANZA WAY MEDIAN 0.013 ACRES (DE ANZA WAY MEDIAN BY HIGHWAY) Signature Pura Vida!
DISlRICT 4
PL155
ronny®ronnysinc.com
Estimate
Total
15894
7/31/23
Terms
Net 30
117.00
$117.00
Payment is due within net days allotted after invoice is received or upon job completion. If customer fails to make payment when due, customer agrees to pay Ronnys Inc. late charges at the rate of eighteen percent per annum on all past due, unpaid amounts. If for any reason the rate of eighteen percent is found to be unenforceable, customer agrees to pay Ronnys Inc. late charges at the maximum rate then permitted by California law. Customer also agrees to pay Ronnys Inc. reasonable attorneys' fees, legal fees, professional service fees and any other costs incurred to recover amounts not paid when due. Customer agrees to make payment hereunder to Ronnys Inc. at its principal place of business, 1251 Badger Flat Rd., Los Banos, CA 93635 Certified Arborist, Contractor# 809197, classes: C61/D49 Tree, C-8 concreter, C-27 landscape & C-13 fencing. Certified irrigation technician, certified backflow tester, certified qualify chemical applicator and certified compost technician. General liability, Commercial auto & workers comp insured. In compliance with business laws & regulations for USA, CA, Merced county, Los Banos City & Dos Palos City. We observe Thanksgiving,chritsmas & new year's day. 133
LB
RONNYS
1251 BADGER FLAT RD
LOS BANOS, CA 93635
(209) 827-9858

CITY OF LOS BANOS
411 MADISON AVE.

LOS BANOS, CA 93635

LANDSCAPE MAINTENANCE
PL 156: HST RIGHT OF WAY 0.142 ACRES (HST. RIGHT OF WAY BY 2ND ST.) Signature Pura Vida!

GENERAL FUND PARKS
PL156
ronny®ronnysinc.com
Estimate
15895
7/31/23
Terms
Net 30
216.60
Total $216.60
Payment is due within net days allotted after invoice is received or upon job completion. If customer fails to make payment when due, customer agrees to pay Ronnys Inc. late charges at the rate of eighteen percent per annum on all past due, unpaid amounts. If for any reason the rate of eighteen percent is found to be unenforceable, customer agrees to pay Ronnys Inc. late charges at the maximum rate then permitted by California law. Customer also agrees to pay Ronnys Inc. reasonable attorneys' fees, legal fees, professional service fees and any other costs incurred to recover amounts not paid when due. Customer agrees to make payment hereunder to Ronnys Inc. at its principal place of business, 1251 Badger Flat Rd., Los Banos, CA 93635 Certified Arborist, Contractor# 809197, classes: C6J/D49 Tree, C-8 concreter, C-27 landscape & C-13 fencing. Certified irrigation technician, certified backflowtester, certified qualify chemical applicator and certified compost technician. General liability, Commercial auto & workers comp insured. In compliance with business laws & regulations for USA, CA, Merced county, Los Banos City & Dos Palos City. We observe Thanksgiving,chritsmas & new year's day. 134
LB
RONNY$
1251 BADGER FLAT RD
LOS BANOS, CA 93635
(209) 827-9858
CllY OF LOS BANOS
411 MADISON AVE.

LOS BANOS, CA 93635

LANDSCAPE MAINTENANCE
DISTRICT 11
PL157
PL 157: WARD RD. RIGHT OF WAY 0.115 ACRES (EAST WARD RD BY JEHOVAH'S WITNESSES) Signature Pura Vida! ronny®ro1mysinc.com
Estimate
15897
7/31/23
Terms
Net 30
166.40
Total $166.40
Payment is due within net days allotted after invoice is received or upon job completion. If customer fails to make payment when due, customer agrees to pay Ronnys Inc. late charges at the rate of eighteen percent per annum on all past due, unpaid amounts. If for any reason the rate of eighteen percent is found to be unenforceable, customer agrees to pay Ronnys Inc. late charges at the maximum rate then permitted by California law. Customer also agrees to pay Ronnys Inc. reasonable attorneys' fees, legal fees, professional service fees and any other costs incurred to recover amounts not paid when due. Customer agrees to make payment hereunder to Ronnys Inc. at its principal place of business, 1251 Badger Flat Rd., Los Banos, CA 93635 Cert.ified Arborist, Contractor# 809197, classes: C6 l/D49 Tree, C-8 concreter, C-27 landscape & C-13 fencing. Certified irrigation technician, certified backflow tester, certified qualify chemical applicator and certified compost technician. General liability, Commercial auto & workers comp insured. In compliance with business laws & regulations for USA, CA, Merced county, Los Banos City & Dos Palos City. We observe Thanksgiving,chritsmas & new year's day. 135
LB
RONNYS
1251 BADGER FLAT RD
LOS BANOS, CA 93635
(209) 827-9858

CITY OF LOS BANOS
411 MADISON AVE.

LOS BANOS, CA 93635

LANDSCAPE MAINTENANCE
DISTRICT 11
PL158
PL 158: N CREEKSIDE DR. RIGHT OF WAY 0.032 ACRES (SOUTH OF JEHOVAH'S WITNESSES) Signature Pura Vida! ronny®ronnysinc.com
Estimate
15898
7/31/23
Terms
Net 30

73.10 Total $73.10
Payment is due within net days allotted after invoice is received or upon job completion. If customer fails to make payment when due, customer agrees to pay Ronnys Inc. late charges at the rate of eighteen percent per annum on all past due, unpaid amounts. If for any reason the rate of eighteen percent is found to be unenforceable, customer agrees to pay Ronnys Inc. late charges at the maximum rate then permitted by California law. Customer also agrees to pay Ronnys Inc. reasonable attorneys' fees, legal fees, professional service fees and any other costs incurred to recover amounts not paid when due. Customer agrees to make payment hereunder to Ronnys Inc. at its principal place of business, 1251 Badger Flat Rd., Los Banos, CA 93635 Certified Arborist, Contractor# 809197, classes: C6 l/D49 Tree, C-8 concreter, C-27 landscape & C-13 fencing. Certified irrigation technician, certified backflow tester, certified qualify chemical applicator and certified compost technician. General liability, Commercial auto & workers comp insured. In compliance with business laws & regulations for USA, CA, Merced county, Los Banos City & Dos Palos City. We observe Thanksgiving,chritsmas & new year's day. 136
LB
RONNYS
1251 BADGER FLAT RD
LOS BANOS, CA 93635
(209) 827-9858

CITY OF LOS BANOS
411 MADISON AVE.

LOS BANOS, CA 93635

LANDSCAPE MAINTENANCE
PL 159: WARD RD. RIGKT OF WAYS 0.123 ACRES (WARD RD, WEST RIGKT OF WAYS) Signature Pura Vida!
DISlRICT9
PL159
ronny®ronnysinc.com
Estimate
Total
15901
7/31/13
Terms
176.40
$176.40
Payment is due within net days allotted after invoice is received or upon job completion. If customer fails to make payment when due, customer agrees to pay Ronnys Inc. late charges at the rate of eighteen percent per annum on all past due, unpaid amounts. lffor any reason the rate of eighteen percent is found to be unenforceable, customer agrees to pay Ronnys Inc . late charges at the maximum rate then permitted by California law. Customer also agrees to pay Ronnys Inc. reasonable attorneys' fees, legal fees, professional service fees and any other costs incurred to recover amounts not paid when due. Customer agrees to make payment hereunder to Ronnys Inc. at its principal place of business, 1251 Badger Flat Rd., Los Banos, CA 93635 Certified Arborist, Contractor# 809197, classes: C61/D49 Tree, C-8 concreter, C-27 landscape & C-13 fencing. Certified irrigation technician, certified backflow tester, certified qualify chemical applicator and certified compost technician. General liability, Commercial auto & workers comp insured. In compliance with business laws & regulations for USA, CA, Merced county, Los Banos City & Dos Palos City. We observe Thanksgiving,chritsmas & new year's day. 137
LB
RONNYS
1251 BADGER FLAT RD
LOS BANOS, CA 93635
(209) 827-9858

CITY OF LOS BANOS
411 MADISON AVE.

LOS BANOS, CA 93635

LANDSCAPE MAINTENANCE
PL 160:E. PACHECO BLVD. RIGHT OF WAYS 0.259 ACRES (BY CHEVRON) Signature Pura Vida!
DISlRICT9
PL160
[email protected]
Estimate
Total
15903
7/31/23
Terms
367.20
$367.20
Payment is due within net days allotted after invoice is received or upon job completion. If customer fails lo make payment when due, customer agrees to pay Ronnys Inc. late charges at the rate of eighteen percent per annum on all past due, unpaid amounts. If for any reason the rate of eighteen percent is found to be unenforceable. customer agrees to pay Ronnys Inc. late charges at the maximum rate then permitted by California law. Customer also agrees to pay Ronnys Inc. reasonable attorneys' fees, legal fees, professional service fees and any other costs incurred to recover amounts not paid when due. Customer agrees to make payment hereunder to Ronnys Inc. at its principal place of business, 1251 Badger Flat Rd., Los Banos, CA 93635 Certified Arborist, Contractor# 809197, classes: C61/D49 Tree, C-8 concreter, C-27 landscape & C-13 fencing. Certified irrigation technician, certified backtlowtester, certified qualify chemical applicator and certified compost technician. General liability, Commercial auto & workers comp insured. In compliance with business laws & regulations for USA, CA, Merced county, Los Banos City & Dos Palos City. We observe Thanksgiving,chritsmas & new year's day. 138
LB
RONNYS
1251 BADGER FLAT RD
LOS BANOS, CA 93635
(209) 827-9858

CITY OF LOS BANOS
411 MADISON A VE.

LOS BANOS, CA 93635

LANDSCAPE MAINTENANCE
PL 161: OVERLAND RIGHT OF WAYS 0.095 ACRES
Signature Pura Vida!
DISTRICT 11
PL161
[email protected]
Estimate
Total
15899
7/31/23
Terms
Net30
350.00
$350.00
Payment is due within net days allotted after invoice is received or upon job completion. If customer fails to make payment when due, customer agrees to pay Ronnys Inc. late charges at the rate of eighteen percent per annum on all past due, unpaid amounts. If for any reason the rate of eighteen percent is found to be unenforceable, customer agrees to pay Ronnys Inc. late charges at the maximum rate then permitted by California law. Customer also agrees to pay Ronnys Inc. reasonable attorneys' fees, legal fees, professional service fees and any other costs incurred to recover amounts not paid when due. Customer agrees to make payment hereunder to Ronnys Inc. at its principal place of business, 1251 Badger Flat Rd., Los Banos, CA 93635 Certified Arborist, Contractor# 809197, classes: C6l/D49 Tree, C-8 concreter, C-27 landscape & C-13 fencing. Certified irrigation technician, certified backflow tester, certified qualify chemical applicator and certified compost technician. General liability, Commercial auto & workers comp insured. In compliance with business laws & regulations for USA, CA, Merced county, Los Banos City & Dos Palos City. We observe Thanksgiving,chritsmas & new year's day. 139
Estimate
LB
RONNYS
1251 BADGER FLAT RD
LOS BANOS, CA 93635
(209) 827-9858

CITY OF LOS BANOS
411 MADISON AVf..

LOS BANOS, CA 93635

LANDSCAPE MAINTENANCE
DISTRICT 17
PL162
PL162: NORTH PRAIRIE SPRINGS DR. RIGHT OF WAYS, 0.44 ACRES (PLANTER WITH 3/8 CRUSHED GRANITE ROCK OUTSIDE THE CITY

SIDEWALK)
Signature Pura Vida! ronny®ronnysinc.com Total
15893
7/31/23
Terms
Net30
336.n
$336.72
Payment is due within net days allotted after invoice is received or upon job completion. If customer fails to make payment when due, customer agrees to pay Ronnys Inc. late charges at the rate of eighteen percent per annum on all past due, unpaid amounts. If for any reason the rate of eighteen percent is found to be unenforceable, customer agrees to pay Ronnys Inc. late charges at the maximum rate then permitted by California law. Customer also agrees to pay Ronnys Inc. reasonable attorneys' fees, legal fees, professional service fees and any other costs incurred to recover amounts not paid when due. Customer agrees to make payment hereunder to Ronnys Inc. at its principal place of business, 1251 Badger Flat Rd., Los Banos, CA 93635 Certified Arborist, Contractor# 809197, classes: C6 l/D49 Tree, C-8 concreter, C-27 landscape & C-13 fencing. Certified irrigation technician, certified backflow tester, certified qualify chemical applicator and certified compost technician. General liability, Commercial auto & workers comp insured. In compliance with business laws & regulations for USA, CA, Merced county, Los Banos City & Dos Palos City. We observe Thanksgiving,chritsmas & new year's day. 140
LB
RONNYS
1251 BADGER FLAT RD
LOS BANOS, CA 93635
(209) 827-9858

CITY OF LOS BANOS
411 MADISON AVE.

LOS BANOS, CA 93635

LANDSCAPE MAINTENANCE
PL163: WARD RIGHT OF WAYS 0.337 ACRES
Signature Pura Vida!
DISTRICT 11
PL163
[email protected]
Estimate
Total
15946
7/31/23
Terms
Net30
750.00
$750.00
Payment is due within net days allotted after invoice is received or upon job completion. If customer fails to make payment when due, customer agrees to pay Ronnys Inc. late charges at the rate of eighteen percent per annum on all past due, unpaid amounts. If for any reason the rate of eighteen percent is found to be unenforceable, customer agrees to pay Ronnys Inc. late charges at the maximum rate then permitted by California law. Customer also agrees to pay Ronnys Inc. reasonable attorneys' fees, legal fees, professional service fees and any other costs incurred to recover amounts not paid when due. Customer agrees to make payment hereunder to Ronnys Inc. at its principal place of business, 1251 Badger Flat Rd., Los Banos, CA 93635 Certified Arborist, Contractor# 809 l 97, classes: C6 l /D49 Tree, C-8 concreter, C-27 landscape & C-13 fencing. Certified irrigation technician, certified backflow tester, certified qualify chemical applicator and certified compost technician. General liability, Commercial auto & workers comp insured. In compliance with business laws & regulations for USA, CA, Merced county, Los Banos City & Dos Palos City. We observe Thanksgiving,chritsmas & new year's day. 141

THIS PAGE IS INTENTIONALLY LEFT BLANK
142
TO:

FROM:

DATE:

LOsBanos
t th ro s, ad of ,difonria
Agenda Staff Report
Mayor Llanez and Council Members
Stacy Souza Elms, Community and Economic Development Directorjf March 20, 2024
TYPE OF REPORT: Public Hearing
SUBJECT: 2023 Housing Element Annual Progress Report
Recommendation:

That the City Council adopt a resolution approving the 2023 Annual Report on the status of the Housing Element of the General Plan and progress in its implementation.

Background:

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

Pursuant to California Government Code Section 65400(a)(2) each jurisdiction is required to prepare and submit an annual progress report on its General Plan Housing Element by April 1st of each year. The annual report is required to contain the following:
• Status of the City's General Plan Housing Element and progress in its implementation;
1 143
• Progress in meeting the City's regional housing need; and • Any actions taken by the City toward completion of Programs identified in the City's Housing Element.

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

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

Discussion:

The 2023 Housing Element Annual Progress Report is attached to this Staff Report as Attachment 2. The purpose of the annual progress report is to:
1) Remain compliant with Government Code Section 65400(a)(2) and Housing Element Law;
2) To update City Council on housing development and implementation of the Housing Element;
3) Provide City's status towards meeting the City's RHNA; and 4) Ensure eligibility for State grant funding.

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

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

Each income category is defined as a percentage of the Area Median Income (AMI), as established by HCD which is currently $80,300 for a four-person household. The income categories are then used to calculate housing affordability for rental and owner-occupied housing. Each income category is defined as follows:
• Extremely Low-Income Households have a combined income at a lower than 30 percent of AMI.
• Very Low-Income Households have a combined income between 30 and 50 percent of AMI.
• Low Income Households have a combined income between 50 and 80 percent of AMI
2 144
• Moderate Income Households have a combined income between 80 and 120 percent of AMI.
• Above Moderate-Income Households have a combined income greater than 120 percent of AMI.

As illustrated in the table below, the City has a shortfall of 1,294 in Low to Moderate Income categories for the 2014-2023 Housing Element Planning Period.

Total RHNA Total
Allocation CD ..... ()C) 0) 0 .... N M Units to Remaining Income Level ..... ..... ,- ,- N N N N
by Income 0 0 0 0 0 0 0 0 Date (all N N N N N N N N
Level years)
Deed Restricted 604 41 41 Verv Low Non-Deed Restricted
Deed Restricted 431 21 1 74 Low Non-Deed Restricted 1 10 15 7 19 Deed Restricted 396 22 Moderate Non-Deed Restricted 7 4 2 1 3 1 1 Above 1049 331 217 258 192 390 415 148 154 2105 Moderate Total RHNA 2480
Total Units 400 217 263 194 402 433 156 174 2242
The proposed Annual Progress Report ensures that the City will remain up-to-date in regards to the requirements imposed for future grant opportunities.

Environmental Review:

The proposed Housing Element Annual Progress Report for Calendar Year 2023 is not considered a project as prescribed by the California Environmental Quality Act (CEQA).

This progress report does not authorize construction of any housing.

Reviewed by:

Jo
Attachments:

1. Resolution

2. City of Los Banos 2023 Housing Element Annual Progress Report

3. Public Hearing Notice - March 5, 2024
3 RHNAby
Income
Level
563
357
374
0 1294
145

THIS PAGE IS INTENTIONALLY LEFT BLANK
146
RESOLUTION NO. __

A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS ADOPTING THE 2023

ANNUAL REPORT ON THE STATUS OF THE

HOUSING ELEMENT OF THE GENERAL PLAN

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

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby adopt the 2023 Annual Housing Element Progress Report and authorizes staff to submit said report to the California Office of Planning and Research and California Department of Housing and Community Development.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 20th day of March 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:
147
Lucille L. Mallonee, City Clerk
2 148
J
R~ ~ vear

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
losBanos I
!Jan. 1 - Dec .. 311 1
Table D
Program Implementation Status pursuant to GC Section 65583 Houeing Pn,gn,ms Prve-Raport
Describe progniss of al programs inclUding tocal lllforts to remove govemmenta conatrainls to the maintenanc~. V11'W0,'9fflelll, anc:t d81191aprnen1 of housin9 as Identified III Ille housing element 1 --o1-

1. The City shall designate
sufficient land at various
densities to allow for the
construction of sufficient
housing to meet its legally
adopted HCD Regional
Housing Needs (RHNA)
between 2014 and 2023.

The City shall review, as
needed, the amount of
land designated for
various residential uses in
:t
.............
conjunction with the Goal 1. Provide adequate sites for 3 Tim.rr-lnH.E
amount of and types of . . h . d d . th res,dent,al development and alternate Ongoing ou~ong pro uced '" ~ housing choices at affordable costs for ~rev1ous year t~ etenmne all segments of the City of any changes on the General Plan or Zoning
Ordinance may needed to
meet the City's housing
needs. A review of the
supply of vacant land and
development patterns over
the proceeding year will
be incorporated Into each
annual evaluation of the
City's implementation of
the Housing Element
programs.
1A. Create and maintain an
up to date site inventory
detailing the amount, type
and size of vacant and
underused parcels, and Goal 1
assist developers in
identifying land suitable
for residential
development.
1 B. Continue to seek grant
funding from State and
Federal sources to assist Goal 1
in the development of
affordable housing.
1 C. To facilitate the
development of
multifamily housing
affordable to lower-income
households, the City will
identify and rezone
approximately 25 acres of
vacant land currently
zoned R-1 to the R-3
zoning district, allowing
exclusively residential
uses by right {not
requiring a conditional use
permit, planned
development or any other Goal 1
discretionary approval),
containing a minimum of
16 units per site and a
minimum density of 20
units per acre by March
2017. The rezoned sites
will be selected from the
list of identified sites
within the R-1 zone in
Appendix E of this element
and will Include only sites
that are no less than one
acre and no larger than 10
acres in size.

10. To meet the
Unaccommodated Need
from the 4th Cycle :.J--.. :Zl-..1 1- t'1------ ,-. -J:

Ongoing
Ongoing
2022
4 Statusol P
The Community and Economic Development Department has reviewed the supply of vacant land and development patterns and adopted a General Plan Update in October 2022 where land uses were changed to provide adequate sites for affordable housing.

The Community and Economic Development Department updates and maintains the residential site inventory and will continue to assist developers in identifying land suitable for residential development.

The Community and Economic Development Department is working with land owners to redesignate land and develop affordable housing.

The adopted General Plan Update has redeslgnated sites to allow High Density Residential (mimimum 20 units and maximum 30 units per acre). The City continues to work with property owners to encourage upzoning to accommodate higher density as a use by right.

I
I
149

2. Staff will periodically
review the development
standards for the
residential zones to The Community and Economic Development Department is constantly reviewing identify standards that Goal 2. Remove governmental Ongoing the City's standards and policies to identify constraints on affordable housing may constrain the constraints and housing for speclal groups. development of affordable housing and housing for
special groups, such as
disabled Individuals.
2A. Affordable housing
developers often face
constraints In developing
affordable housing
projects. One way the City
can assist such
developers Is by providing
fast-track/priority
processing for low-income
and special needs housing
projects. This service can
encourage affordable
housing development by
allowing developers to go The Community and Economic Development Department has developed a through the approval and streamlined permitting process and will be wor1<1ng with affordable housing pennlttlng process quicker Goal2 Ongoing developments as projects are received to navigate them through the local keeping costs down and development process. unit affordable. Options include: • Assign a
primary contact for priority
housing developments to
assist with all necessary
entitlement and assist
navigating various local
departments. • Hold preapplication development
conferences. • Provide
information about permit
streamlining at the
plannlng counter, on the
Citv's website and in other

2.B. Continue to utilize This is an ongoing program and the City will continue to apply for CDBG funds State funding for first lime Goal 2 Ongoing as they become available for first time homebuyers. homebuyers program.

2.C. Actively enforce This City of Los Banos was awarded CDBG funding in 2018 for Code Nuisance Ordinance with Goal 2 Ongoing Enforcement services to help addresses enforcement of the Nuisance Ordinance regard to abandoned or regarding abandoned or vacant homes amongst other issues regarding blight in vacant homes. the community.
2D. In accordance with
Government Code Section
65589. 7, Immediately
following Cily Council
adoption, the City must
deliver to all public
agencies or private
entities that provide water
and sewer services to
properties within Los
Banos a copy of the 2014-
2023 Housing Element.

The City of Los Banos
provides water and sewer The City of Los Banos is the only water and sewer provider within the city limits. services to all residents The City already has a policy in place to provide water and sewer service to and businesses within the Goal 2 Complete City. As such, a copy of developments with units affordable to lower Income households. Completed in the adopted 2014-2023 2016.

Housing Element will be
provided to the applicable
Department(s) within 30-
days. The City will also
establish a written
procedure by the end of
2017 pursuant to
Government Code Section
65589.7 to provide water
and sewer service to
developments with units
affordable to lower income
households.
2E. To promote continued
opportunity for public
engagement, the City shall
conduct an annual
Housing Element review
and provide opportunities
for public engagement and
discussion In conjunction
with the State requirement The Community and Economic Development Department each year will be of written review of the Goal 2 Complete meeting the requirements of Govt Code Sec. 65400 with a public hearing process General Plan by April 1 of to engage the input of the community. Completed annually. each year (per
Government Code Section
65400). Use the Planning
r.nmmi~~inn ;tnrl C:itv
150
3B. Monitor at risk units by
establishing and
maintaining close contact
with property owners
regarding their long term
plan for projects on an A database has been established and staff is working on a tenant noticing annual basis. Seek funds Goal 3 Ongoing strategy. to purchase and preserve the affordability of the
units and establish and
implement a proactive
tenant noticing and
education strategy.
3C. Establish and
implement a program to
reduce, waive or subsidize City staff works with the City Council to reduce, waive or subsidize local local development fees Goal 3 Ongoing development fees on a cases by case basis. A reduction in senior housing associated with Development Impact Fees was approved by the City Council on January 15, 2020. preservation or replacement or at.risk
units.
3D. The City shall conduct
a Housing Condition
Survey. This Housing
Condition
Survey will follow HCD
Guidellnes. Results of the
survey are to be published
on the City's website and
the City will assist the
Housing Authority of the
County of Merced in
rehabilitation and targeted
efforts. Actions to be taken Goal 3 Complete Completed on March 27, 2019. following the results of the Survey include but are not
llmitedto:
• Apply for HOME and
CDBG grant funds for
rehabilitation projects
Identified as part of the
Survey; and
• Contact homeowners
identified In the Survey as
having a home qualifying
for the rehabilitation
program.
3E. Discourage land
division of sites currently
zoned high density
residential. • The City shall
evaluate and make a The Community and Economic Development Department discourages the land written determination on Goal 3 Ongoing division of sites zoned high density residential and will provide an evaluation on the site constraints as a the site constraints as a result of any proposed subdivided high density sites. resu It of a proposed
subdivided site currently
zoned high density
residential.

4. Continue to enforce
State energy conservation
requirements such as Title
24 of the Bulldlng Energy
Efficiency Standards for
new residential projects
and encourage residential Goal 4. Achieve energy efficiency in Standard Conditions of Approval have been incorporated into each residential developers to employ housing activities Ongoing entitlement requiring these requirements. additional energy conservation measures
with respect to:
subdivision design, siting
of homes on the lot,
landscaping and solar
access.
4A. Promote standards
that promote passive solar
heating, overhangs on Standard Conditions of Approval have been incorporated into each residential south facing windows, Goal 4 Ongoing entitlement requiring these requirements. planting of deciduous trees on the west and
south.

5. Evaluate Zoning Map to
ensure that higher density
zoning is adjacent to
services and transit and
make changes if Goal 5. Ensure that all residents have The Community and Economic Development Department continually evaluates necessary, also work with access to housing Ongoing existing higher density residential uses in relation to the proximity of services developers on future and transit and makes changes as necessary. developments to ensure
close proximity of services
to higher density
residential uses.
151
SA. Extremely Low-Income
Housing Development
Funding. Coordinate with
developers, non-profit
housing agencies, and
County, State, and Federal
Agencies to obtain
available sources of
funding for the
development of affordable
housing units. The City's
Community and Economic
Development Department The City is continuously pursuing funding sources for the development of shall coordinate with the affordable housing units and coordinates with nonprofit housing agencies and Housing Authority of the government agencies to obtain any sources offunding. The City was awarded County of Merced to Goal 5 Ongoing Permanent Local Housing Needs Allocation (PLHA) funding for homeless or research and pursue those at risk of experieclng homelessness. The City will be puruslng additional potential funding funding for permanent and supportive housing for extremely low income opportunities, process Individuals and families.
applications, and manage
funds received for the
development of affordable
housing. Specific
emphasis shall be placed
on the development of
extremely low-income
housing through a variety
of activities, Including
annual outreach to
affordable housing
develoMrs oroviding
5B. Establish and
implement a Reasonable Goal 5 3/1/2017 Completed March 18, 2020 Accommodation Ordinance.
5C. The City will work with
the Merced County
Housing Authority to
provide fair housing
services to its residents
and property owners by
distributing educational
materials to property
owners, apartment
managers, and tenants,
making public service
announcements via Goal 5 Ongoing The City will assist the Merced County Housing Authority as stated In Program different media (e.g., 5C.
newspaper ads and public
service announcements at
local radio and television
channels), responding to
complaints of
discrimination (I.e., intaking, Investigation of
complaints, and
resolution) and Referring
services to appropriate
agencies.

50. The City shall refer
residents to the Central
Valley Regional Center for
housing and services
available for persons with
developmental disabilities.

Provide Information on
services on the City's The City will continue to refer residents and provide information on services for website. As available, the Goal 5 Ongoing persons with developmental disabilities. City will pursue State and federal monies for direct
support for housing
construction and
rehabilitation specifically
targeted for housing for
persons with
developmental disabilities.

Goal 6. Increase the percentage of

6. Continue to maintain homeowners In the City and provide The City will continue to maintain programs providing assistance for first time programs providing adequate information on all possible Ongoing homebuyers. The Citywlll continue to apply for various funding sources to assistance for first time housing assistance programs and assist first time homebuyers. homebuyers. distribute to homeowners, developers and other residents.

7. Maintain contact with
owners of affordable rental Goal 7. Maintain an adequate percentage This In an ongoing effort, contact with owners of affordable rental properties is properties and provide of affordable rental units within the City Ongoing maintained and information In regard to maintenance and rehabilitation Is information relating to to accommodate all income groups and available. maintenance and family types. ... 7 A. Continue with funding
programs established for Goal 7 Ongoing The City has maintained programs for this purpose and is active In doing so. rehabilitation targeting affordable rental units.
152

8. In cooperation with
private developers, nonprofit housing
corporations, Merced
County, and other
interested entitles to apply
for and utlllze State and
Federal funding to assist
with projects for special
needs housing. In
addition, the City shall The City continues to cooperate with developers and encourage special needs review and update if Goal 8. Encourage new development Ongoing housing in the City of Los Banos. The Community and Economic Development necessary the Los Banos projects for special need groups. Department has completed the update of housing definitions on March 18, 2020. Municipal Code to ensure the definition of special
needs housing to ensure
the definition Is consistent
with the United States
Department of Housing
and Urban Development
and the California
Department of Housing
and Community
Development.

BA. Work with community
based organizations and
developers with regard to
speclal needs housing and The City of Los Banos Is actively working with the Merced County Continuum of information on emergency Care on a 10 year plan to end homelessness and special needs housing shelters. The City shall alternatives. The City has created a Housing Program Division within the contact community based Goal B Ongoing Community and Economic Development Department to provide outreach to organizations on a semi- Individuals and connect and provide information to special needs people annual basis regarding needing housing or shelter. opportunities for special needs housing and
information on emergency
shelters
BB. To ensure the needs of
aging residents are met,
the City will permit the
development of senior
housing in specific areas
of the community,
including residential and
commercial zones at
higher densities than are
traditionally allowed.

Zoning Incentives will be
given for senior housing
development such as
reduced parking The program is implemented on a case-by-case basis as senior projects are Goal 8 Ongoing standards, reduced unit received. sizes, increased heights,
and Increased maximum
lot coverage. As senior
housing projects are
received , the City will hold
pre-application meetings
to discuss opportunities
for higher densities and
zoning incentives to
maximize the potential for
each project. This program
will be completed on a
case-by-case basis.

BC. Assist in the
development of housing
for farm workers. Actions
will include assistance
with site identification and
support of applications for
funding. The City shall
provide technical
assistance when needed,
and continue to
conduction pre-application
conferences and meet with
fann worker housing
developers on an ongoing
basis. Actions Include: The City continues to assist in the development of housing for farm workers. • Post information on the Goal B Ongoing Information will be posted on the City's website to include information for farm Community and Economic worker housing developers.

Development Department
website within 1-year of
Housing Element
adoption. Information
includes a site inventory
and available land,
housing resources and
grant Information.
153

80. The City will work with
the agricultural
community, housing
providers and agricultural
groups to develop and
build year-round and
seasonal agricultural
worker housing. This will
require an analysis of
prime agricultural areas in
the City to Identify suitable
locations for at least 20
units of fann worker
housing. Information The City continues to assist in the development of housing for farm workers and gathered from this Goal S Ongoing will invite developers and local farm worker organizations to be involved in analysis shall be provided, future Housing Element Updates and related housing activities. in conjunction with
Program SC, to
agricultural and affordable
housing developers in a
manner conducive to their
use for developing the
actual units. In addition,
the City shall invite
developers and local fann
worker organizations to be
involved In the Housing
Element update and other
housing related activities.

SE. The City will
encourage and support
State and Federal funding
applications for farm
worker housing and
supportive infrastructure
by providing technical
assistance when needed,
and continue to conduct
pre-application
conferences and meet with
farm worker housing
developers on an ongoing
basis. Technical The City continues to encourage and support funding applications for assistance can include but Goal S Ongoing farmworker housing and supportive Infrastructure as needed.

Is not limited to
information gathering,
peer review of State and
Federal funding
applications and
assistance in finding
suitable sites for farm
worker housing.

Additionally, the City will
provide information on
County farm worker
housing through the
Housing Authority of
Merced County.

SF. The City will amend
Title 9, Chapter 3 to allow
for the location of Single
Room Occupancy (SRO)
uses as a conditional use
in the High Density
Residential District (R-3)
and adopt development
standards that allow and
accommodate the
Inclusion of new SRO's.

Development standards
may
include:
• Ensure development
standards that do not Goal S Complete Completed on December 2, 2020. constrain the development
of SROs, the City will
adopt development
standards that Include:
• Requirements for a
management plan
outlining policies and
procedures;
• 24- hour on-site
management;
• Room limitation to single
occupancy, with
allowance for overnight
guests;
• Units must be 250-300 1au. The 1,,.1cy wllf review
and amend if necessary,
Title 9, Chapter 3, Article
23:

Site Plan Review to ensure
154
8H. The City will review
and amend if necessary,
Title 9, Chapter 3 to ensure
that Transitional and
Supportive Housing
complies with Senate Bill

2. If necessary, the City
shall amend the Zoning
Ordinance to permit
Translllonal and
Supportive Housing as a
residentlal use In all zones Goal8 Complete Completed on March 18, 2020. allowing residential uses and only subject to those
restrictions that apply to
other resldentlal dwellings
of the same type in the
same zone. In addition, the
City shall amend Article 2:

Definitions to Include
Transitional and
Supportive Housing and
Target Population, per
Senate BIii 745.

81. The City will review and
amend if necessary, Title
9, Chapter 3 to ensure
Housing for Farm workers
is consistent with the Goal 8 Complete Completed on December 2, 2020. Employee Housing Act (Health and Safety Code
Section 1700 et. seq.),
specifically, Sections
17021.5 and 17021
.6.
155

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156
LOsBanos
1h, ,ossrou,#s of ali on1ia

COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT
Date: March 8, 2024
Regarding: Notice of Public Hearing
Proposal: City of Los Banos General Plan Housing Element Progress Report 2023 NOTICE IS HEREBY GIVEN THAT a Public Hearing will be held by the Los Banos City Council to consider the City of Los Banos General Plan Housing Element Annual Progress Report for calendar year 2023 and to consider an exemption from the requirements of the California Environmental Quality Act (CEQA) pursuant Section 15061 (b)(3) of the CEQA Guidelines as the Annual Report has no significant effect on the environment.

A PUBLIC HEARING on this matter will be held at the next scheduled meeting of the Los Banos City Council on Wednesday, March 20, 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 and Economic Development Director, at City Hall or at (209) 827-2433.

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

Additional information may be obtained from the Community & Economic Development Department at 520 J Street, Los Banos, California. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Office of the City Clerk at (209) 827-7000. Notification at least 72 hours prior to the public hearing will enable the City to make reasonable arrangements to allow participation at this hearing

THE CITY OF LOS BANOS
Stacy Souza Elms
Community & Economic Development Director
157

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TO:

FROM:

DATE:

LOsBanos
t tl1c of alifm 111,
Agenda Staff Report
Mayor and City Council Members ---f:::::7
Joe Heim, Parks and Recreation Director
March 20, 2024
TYPE OF REPORT: Agenda
SUBJECT: Colorado Ballpark Renovation
Recommendation:

That the City Council receive the presentation on the Colorado Ballpark Renovation project and provide staff direction for the future of the park.

Background:

Colorado Ballpark is located at 815 Colorado Ave. and features three ballfields, a skate park, two tennis courts, a restroom and a large parking lot. The ballpark is over 70 years old and has hosted the Los Banos Little League since 1969.

The Los Banos Little League supports the surrounding communities of Dos Palos, Santa Nella and Gustine. The ballpark is host to the City's only public skate park and tennis courts. The census tract that Colorado Ballpark is located in qualifies as a "disadvantaged community" and the area receives the highest possible score from CalEnviro 3.0, which evaluates disadvantaged communities.

Colorado Ballpark is one of the most heavily used parks in Los Banos. The facility is aging and is in poor condition. There have been numerous issues identified on-site. These include building repairs to the concession stands and restroom. Since 2021 three ballfield light poles have fallen due to high winds and the electrical on-site is aging and is in need of upgrades.

The skate park on-site was built in 1998 and features a shallow bowl area, with no 'runup' space. The skate park is a popular location for Los Banos youth, but there are notable complaints about the current design of the facility. The tennis courts were constructed in the 1970s are in poor condition due to cracking asphalt. 159
The facility lacks American Disability Act (ADA) access and field conditions have become challenging due to aging galvanized irrigation systems in place since the 1950s.

The City of Los Banos initiated preliminary conceptual designs and collected public input during several public input opportunities. These include the 2021 Park Master Plan process, which included a public survey and a conceptual plan for the park. The conceptual plan was updated during the public process of the Rural Recreation and Tourism grant submission. This process included a specific public meeting for Colorado Ballpark and an updated conceptual plan, based on input received from neighbors and the public.

In Fall 2023, City staff initiated a task order with Cala for architecture services relating to an updated conceptual plan, which included stakeholder meetings with the Los Banos Little League board and a large group of community skate boarders. The project was presented in January 2023 to the Parks and Recreation Commission.

Discussion:

City staff has identified that the conditions at Colorado Ballpark require a complete renovation. These conditions have allowed Cala to provide a re-design of the park, based on current and future needs of the facility.

The proposed re-design includes the relocation of the parking lot and Field 2. This will create a centralized parking lot, which includes an increased number of parking stalls. The re-design will also create a central plaza space.

The central plaza space will support both the smaller fields and the skate park. This will allow for the reduction of total buildings on-site from three full buildings to one building and scorekeeper booths. The smaller fields are the most heavily used by the Los Banos Little League and having two fields of the same size will increase participation and tournament use. Warm-up spaces for the ballfields will also provide additional upgrades for the facility.

Other facility upgrades include a larger skate park that includes modern elements. The tennis courts would shift in location to the west and include lights. The parking lot would also include lights and planter medians increasing the security and safety on-site.

Colorado Ballpark is part of the Los Banos Municipal Airport land parcel. Any significant renovations to the park shall be presented to the Airport Land Use Commission and impacts of new buildings or light poles shall be considered in the design. The conceptual design, as presented, utilizes the existing park footprint on-site. City staff is seeking direction from the Los Banos City Council before presenting the conceptual design to additional commissions or boards.

The park's proposed renovation accounts for a substantial investment from the City.

Estimates for renovation vary, but City staff received an estimate of probable costs for the project between $13 million and $17 million.

City staff is in the process of identifying internal and external funding sources for the project. City staff anticipates that matching funds will be required by the City for any external funding.

External funding that has been identified includes submissions to Senator Anna Caballero and Assemblywoman Esmeralda Soria for State budget requests. City staff also intends to apply for the MLB-MLBPA Youth Development Foundation grant. 160
Internal funding includes significant funding available in the Park Development Fund. Staff anticipates that at least half of the estimated cost could be provided by internal funds relating to parks and recreation.

The project will create a premier sports destination park in Los Banos and in Merced County. It will provide specialized recreation amenities for youth, adults and seniors and will be a landmark destination within Los Banos.

City staff is requesting discussion and direction from the Los Banos City Council for the future of Colorado Ballpark.

Fiscal Impact:

City staff is utilizing $150,000 allocated in the Park Development Fund account, 250-454- 220-717 for services including a topographic site survey, geotechnical site survey and the conceptual plan and associated estimate of probable costs. City staff intends to request additional design related funding in Fiscal Year 2024-2025 dependent on discussion and direction from City Council.

Reviewed by:

Jo Vanessa Portillo, Finance Director
Attachments:

Conceptual Design
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162
163
Background
• Colorado Ballpark (815 Colorado Ave.) is
over 70 years old and shares land with the
City of Los Banos' Municipal Airport.
• Since 1969 the City of Los Banos and
Little League has used the park as the
primary hosts for Los Banos, Santa Nella,
Dos Palos and Gustine.
• The skate park is dated and needs to be
upgraded. Replacing aging tennis courts
would provide safe conditions for tennis in
Los Banos.
~~CITYOF
~~ LOS BANOS
164
Site Photos & Conditions
--
-
~~ CITY OF
"~ LOS BANOS
165
Site An a I ys i s .-------~~-~ ~ I • ~J\ CITY OF
~~ LOS BANOS
on cession
3 Ballfields ■
Skate park
' ~, Restroom
Tennis courts
Concession
166
Public Input ~~CITYOF 'f~ LOS BANOS
• :
1 Park Master Plan public meetings & community surveys
. , Rural Recreation & Tourism Grant Public Meeting
·• : Stakeholder Meetings with Little League and Skate Board groups . , Parks & Recreation Commission
167
Conceptual Design:

LeGl!NO l. tlalfield, 90' Basepaths. 3CO' Ho,re,ur, l'e,,::e

2. Terris Covr!

3. Te...-.. Courl lighting
~.SkafeP.ri:
t. Shade Structure With Seatirr,;

6.Drop-Oi'

7. Parl:ing Lot

6. Parl:ing Loi Lighfr,;i

9.Driveway 10. Sports Complex Entry Sign
I. Picnic Ar&<> With Sho::ie Slrucl\r.e

12. Slcroge evidino

13. Batting Cage (2j
I -4. Bio-Retention Area 15. Ba!lfield, f/J' Basepoths, m· Hcme!\i:, Fer,:,e, I 6. Warring Traci: 17. Scoreooard

16.Dugout

19.Bulpen

20. Foc!d Lighting 21. Bleacher
Z2. Restroom And Concession E.ui:fog

23. Scaekeeper's Booth
~~ CITY OF
~~ LOS BANOS
168
- .

Funding Sources & Next
Steps
• \ Airport land use and impact of renovation
• : External funding sources
• i Internal funding sources
~~CITYOF 'f o,; LOS BANOS
169
\
170
TO:

FROM:

DATE:

LOsBanos
Al tlu· Crossroads OJ California
Agenda Staff Report
Mayor & City Council Members
Lucy Mallonee, MMC ~
City Clerk/Human Resources Director
March 20, 2024
TYPE OF REPORT: Agenda Item
SUBJECT: City Commission Appointment
Recommendation:

Appoint members to the following City Commission:

Tree Commission - Two (2) Vacancies
Two (2) Unexpired Terms - Expiring December 31, 2025
Discussion:

Staff advertised the above vacancies on the City's website, on social media, and on the bulletin board outside of City Hall. Applicants were interviewed by a committee per City policy. Any remaining vacancies on City commissions will continue to be advertised.

Fiscal Impact:

None
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