Los Banos City Council
April 3, 2024

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

CITY COUNCIL MEETING

CITY HALL COUNCIL CHAMBERS
520 J Street
Los Banos, California
APRIL 3, 2024 - 6:00 PM
l/~e stream on Youtube at 1
I ff;;~~i~~i£i:~;::; ·;~~~;g;~~;~,;~;~;:;7~;~£~::i~;;,;;h~ The City of Los Banos complies with the Americans with Disabilities Act (ADA) of 1990. * * * * * * * ** * * * * * * *
Si requiere asistencia especial para atender o participar en esta junta por favor /lame a la oficina de la Secretaria de la ciudad al (209) 827-7000 a lo menos de 48 horas previas de la junta.

La Cuidad de Los Banos cumple con la Acta de Americanos con Deshabilidad (ADA) de 1990. · ....................................... , ................................................................................................................................................................................................................................................... · : 1
Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the meeting and in the City Clerk's office located at City Hall, 520 J Street, Los Banos, California during normal business hours. In addition, such writings and documents may be posted on the City's website at www.losbanos.org.
* * * * * * * ** * * * * * * *
Cualquier escritura o los documentos proporcionaron a una mayoria def Ayuntamiento respecto a cua/quier articu/o en este orden def dfa sen!i hecho disponible para la inspecci6n publica en la reunion yen la oficina de la Secretaria de la ciudad en City Hall, 520 J Street, Los Banos,
California durante horas de oficina normales. Ademas, tales escrituras y los documentos pueden ser anunciados en el website de la ciudad en www.losbanos.org . . .................. ..................................................................................................................................................................................................................................................................... · J>lease note: The Brown Ad provides the public with an opportunity to make pubiic comment at any public meeting. As an alternative for in-person comments, written ublic comment may be made by e-mail to [email protected] or delivered to he 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 istributed 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 foun(j gn th Ci 's we • lc.!t the foJJg.wJn li~htt s://los anos.or /ca e o /cit -councilJ Los Banos City Council Agenda - April 3, 2024 Page 1 of4 1 1 . CALL TO ORDER - April 3, 2024 6:00 PM

2. PLEDGE OF ALLEGIANCE.

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

4. CONSIDERATION OF APPROVAL OF AGENDA.

Recommendation: Adopt the agenda as submitted.

5. PRESENTATIONS.

A. Certificate of Recognition - Employee of the Month for March 2024 - Jesse Castillo, Interim Public Works Supervisor.

B. Proclamation Recognizing Week of the Young Child.

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

7. CONSIDERATION OF APPROVAL OF CONSENT AGENDA. (Items on the Consent Agenda are considered to be routine and will be voted on in one motion unless removed from the Consent Agenda by a City Council Member.) A. Check Register for #244248 - #244443 in the Amount of $1,750,956.53.

Recommendation: Approve the check register as submitted.

B. Minutes for the February 21, 2024 City Council Meeting.

Recommendation: Approve the minutes as submitted.

C. Minutes for the March 6, 2024 City Council Meeting.

Recommendation: Approve the minutes as submitted.

D. City Council Resolution No. 6751 - Authorizing Award of Construction Contract to Strategic Mechanical, Inc. in the Amount of $266,000.18 with a Ten Percent (10%) Contingency in the Amount of $26,600 for the Construction of the Northgate Sewer Lift Station Emergency Power Improvements Project.

Recommendation: Adopt the resolution as submitted.

Los Banos City Council Agenda - April 3, 2024 Page 2 of4 2 E. City Council Resolution No. 6752 - Authorizing Award of Construction Contract to Rolfe Construction, Inc. in the Amount of $617,715 with a Ten Percent ( 10%) Contingency in the Amount of $61,715 for the Construction of the Meadowlands Wet Well Replacement and Bypass Project.

Recommendation: Adopt the resolution as submitted.

F. City Council Resolution No. 6753 - Awarding the Bid for the Purchase of Two (2) New 2023 Chevrolet Traverses and Authorization to Issue a Purchase Order to Greenwood Chevrolet in the Amount of $81,228.74.

Recommendation: Adopt the resolution as submitted.

G. City Council Resolution No. 6754 - Awarding the Bid for the Purchase of a New 2024 Chevrolet Suburban and Authorization to Issue a Purchase Order to Greenwood Chevrolet in the Amount of $67,478.39.

Recommendation: Adopt the resolution as submitted.

8. PUBLIC HEARING. (If you challenge the proposed action as described herein in court, you may be limited to raising only those issues you or someone else raised at the public hearing described herein or in written correspondence delivered to the City at, or prior to, the public hearing.)
A. Public Hearing - To Receive Public Comment and Consideration of an Amendment of Annexation No. 12 to the City of Los Banos Community Facilities District (CFO) No. 2002-01 (Public Safety Services), Relative to Approximately 30 Acres - a Portion of Villages at Stonecreek V - Quail Meadows Vesting Tentative Tract Map #2021-01 , 271 Single Family Residential Units; the Project is Located in the Southwestern Portion of the City and is Generally Located South of West Pacheco Boulevard, West of Dock Avenue, and East of the City Limit Line.
1) City Council Resolution No. 6755 - Acting in Its Capacity as the Legislative Body of CFO No. 2002-01 of the City of Los Banos (Public Safety Services), Calling an Election Regarding the Annexation of Certain Property to CFO No. 2002-01 of the City of Los Banos (Public Safety Services) and to Levy a Special Tax therein to Finance Certain Public Safety Services for Such CFO No. 12.

Recommendation: Receive the staff report, open the public hearing, receive public comment, and adopt the resolution as submitted.
* * * * * RECESS TO CONDUCT ELECTION * * * * *
(Approximately 5 minutes)
2) City Council Resolution No. 6756 - Acting in Its Capacity as the Legislative Body of CFO No. 2002-01 of the City of Los Banos (Public Safety Services) Declaring the Results of a Special Tax Election and Annexing Certain Territory Annexation No. 12.

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

Los Banos City Council Agenda - April 3, 2024 Page 3 of 4 3 9, CONSIDERATION OF CITY COUNCIL RESOLUTION NO. 6757 -AUTHORIZING

AN AMENDED SPENDING PLAN FOR THE AMERICAN RESCUE PLAN ACT (ARPA) FUNDING.

Recommendation: Receive the staff report and adopt the resolution as submitted.

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

11. CITY MANAGER REPORT.

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

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

SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT (SJVAPCD),

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

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

13. CITY COUNCIL MEMBER REPORTS.

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

14. ADJOURNMENT.

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

Sara Blevins, Assistant City Clerk Dated this 29th day of March 2024 Los Banos City Council Agenda - April 3, 2024 Page 4 of4 4 CERTIFICATE OF RECOGNITION
<Presented <To
Jesse Castillo
Interim Public Works Supervisor - Public Works Department In recognition of your outstanc{ing peiformance
and dec{icated service to the City of Los (}3anos and
for 6eing named "P,mp[oyee of the 9rtonth "for 9rtarch 2024.

Pau{ £Canez, ~ayor
(Dated: )lpril 3, 2024
LOsBanos
At the Crnssrna,ls of (;ali(ornia
5 THIS PAGE IS INTENTIONALLY LEFT BLANK
6 LOsBanos
At d1r Cmssroacfs oj G difonito

CITYOFLOSBANOSPROCLAMATION

RECOGNIZING WEEK OF THE YOUNG CHILD
WHEREAS, the City of Los Banos recognizes the imporlance of early childhood development in shaping the future of our community; and WHEREAS, the week of the Young Child, celebrated annually, highlights the critical needs of young children and their families; and
WHEREAS, investing iry, early childhood education and development lays the foundation for a prosperous and thriving society; and
WHEREAS, the City of Los Banos is committed to supporting initiatives that promote the well-being and success of our youngest residents.

NOW, THEREFORE, BE IT PROCLAIMED, that the Mayor and City Council Members of the City of Los Banos, do hereby proclaim the week of April 6-12, 2024 as the "Week of the Young Child" in our city.

I urge all residents, educators, businesses, and community organizations to join First 5 Merced County in celebrating the Week of the Young Child and to supporl efforls that ensure every child in Los Banos has access to high-quality early learning experiences.

In witness whereof, I have hereunto set my hand
and cause .the seal of the City of Los Banos to be
affixed this 3rd day of April, 2024.

APPROVED:

Paul Llanez, Mayor
A1TEST:

Lucille L. Mallonee, City Clerk
7 THIS PAGE IS INTENTIONALLY LEFT BLANK
8 CK# 244248 - # 244443 04/03/2024 $1,750,956.53
Check Report LOsBanos
Check by Date A Crossroads of Californi«
Number Payment Date Vendor Name Payment Type Void Payment Amount 244248 03/ 15/2024 Edward Casbo Regular 746.68
244249 03/15/2024 Cook's Communications Corp. Regular 173.26 244250 03/15/2024 Mario Iniguez Regular 172.00
244251 03/15/2024 TimJ Law Regular 1,600.00
244252 03/15/2024 Merced MRI Medical Group Regular 130.00 244253 03/15/2024 Mid-Valley Disposal LLC Regular 565,377.05 244254 03/15/2024 Michael Neal Regular 2,899.00
244255 03/15/2024 Retail Strategies, LLC Regular 29,997.00 244256 03/15/2024 Stacy Souza Elms Regular 386.59
244257 03/15/2024 State Water Resources Control Board Regular 90.00 244258 03/15/2024 Animal Damage Management, Inc. Regular 700.00 244259 03/15/2024 Anthony Gomes Regular 5,056.27
244260 03/15/2024 Aramark Uniform Ser Inc Regular 1,702.02 244261 03/15/2024 AramarkUniform & Career Apparel Group, Inc. Regular 193.81 244262 03/15/2024 AT&T Mobility Regular 730.97
244263 03/15/2024 AT&T Regular 803.34
244264 03/15/2024 Dorothy June Baker Regular 84.97
244265 03/15/2024 Barton Overhead Door Inc Regular 1,400.00 244266 03/15/2024 BJ's Consumers Choice Pest Control Inc. Regular 125.00 244267 03/15/2024 BSK Associates Regular 514.00
244268 03/15/2024 Carollo Inc. Regular 4,486.75
244269 03/15/2024 CENCAL Machine & Fabrication Inc. Regular 2,905.13 244270 03/15/2024 Central Sanitary Supply, LLC Regular 106.54 244271 03/15/2024 Clark Pest Control Inc Regular 2,092.00 244272 03/15/2024 CSG Consultants Inc. Regular 1,756.25 244273 03/15/2024 Carrie St. Marie Regular 600.00
244274 03/15/2024 De Lage Landen Public Finance LLC Regular 2,788.59 244275 03/15/2024 Docs Towing & Transport, Inc. Regular 660.00 244276 03/15/2024 Dos Palos Publishing Company Regular 250.00 244277 03/15/2024 Edges Electrical Group, LLC Regular 505.69 244278 03/15/2024 Fresno City College Regular 61.00
244279 03/15/2024 Fun Express LLC Regular 2,594.33
244280 03/15/2024 GoTo Communications, Inc. Regular 3,815.76 244281 03/15/2024 Gouveia Engineering Inc. Regular 11,761.29 244282 03/15/2024 Halcyon Creek Inc. Regular 1,345.11
244283 03/15/2024 Halo Branded Solutions Inc. Regular 750.02 244284 03/15/2024 Hillyard, Inc Regular 594.52
244285 03/15/2024 InfoSend Inc. Regular 4,878.28
244286 03/15/2024 Kay Park Recreation Corporation Regular 6,265.64 244287 03/15/2024 Marfab Inc Regular 18.03
244288 03/15/2024 Merced Chevrolet Inc. Regular 276.72
244289 03/15/2024 Merced County Auditor Controller Regular 915.00 244290 03/15/2024 Merced Truck & Trailer Inc Regular 1,568.90 244291 03/15/2024 NDN International LLC Regular 3,118.02 244292 03/15/2024 Normac Inc Regular 994.59
244293 03/15/2024 OSE Regular 263.65
9 244294 03/15/2024 David Oliveira Regular 47.25
244295 03/15/2024 O'Reilly Auto Parts Regular 13,452.00 244296 03/15/2024 PG&E Company Regular 9.03
244297 03/15/2024 Pace Supply Corp. Regular 323
.02
244298 03/15/2024 PSG Fencing Corp. Regular 450.00
244299 03/15/2024 Provost and Pritchard Engineering, Inc. Regular 6,976.60 244300 03/15/2024 Protech Security & Electronics, Inc. Regular 220.23 244301 03/15/2024 RAT Incorporated Regular 265.00
244302 03/15/2024 Razzari Ford Regular 131.89
244303 03/15/2024 Riggs Ambulance Service Regular 644
.70
244304 03/15/2024 RMGYinc. Regular 358.71
244305 03/15/2024 SNAPCD Regular 577.00
244306 03
/15/2024 Sample Traps LLC Regular 440.00
244307 03/15/2024 Save Mart Supermarkets Regular 83.15
244308 03/15/2024 Sherwin Williams Co Regular 586.30
244309 03/15/2024 Sorensens True Value Regular 480.11
244310 03/15/2024 Sorensens True Value Regular

6.37 244311 03/15/2024 Sonia Vasquez Regular 350.00
244312 03/15/2024 The Radar Shop, lnc. Regular 365.61
244313 03/15/2024 Tractor Supply Credit Plan Regular 451.24 244314 03/15/2024 Westside Water Conditioning Regular 38.50 244315 03/15/2024 Windecker Inc Regular 3,857
.96
244316 03/15/2024 Chandra Lee Regular 5.21
244317 03/15/2024 Harpreet Singh Regular 98.44
244318 03/15/2024 Jynnette Sousa-Melo Regular 115.36
244319 03/15/2024 Jessica Torres Regular 101.83
244320 03/15/2024 MHP Builders Inc Regular 177.09
244321 03/15/2024 Virginia Huerta Regular 17.19
244322 03/15/2024 Martha Casillas Regular 55.85
244323 03/15/2024 Mathew Morales Regular 65.68
244324 03/15/2024 William Marchese Il Regular 55.85
244325 03/15/2024 Breckenridge Property Fund 2016 LLC Regular 88.61 244326 03/15/2024 Home Sweet Home Property Management Co. Regular 154.13 244327 03/15/2024 George Cortez Mena SR Regular 138.37
244328 03/15/2024 DLP Real Estate, Inc. Regular 138.67
244329 03/15/2024 Elahe Derakhshesh Regular 52.57
244330 03/15/2024 New Life Community Church Regular 9.98 244331 03/15/2024 Griselda Perez Regular 65
.68
244332 03/15/2024 Cauley Peek Regular 68.95
244333 03/15/2024 D.R. Horton Regular 165
.15
244334 03/15/2024 D.R. Horton Regular 169
.91
244335 03/15/2024 D.R. Horton Regular 167.53
244336 03/15/2024 D.R. Horton Regular 167
.53
244337 03/15/2024 D.R. Horton Regular 169.11
244338 03/15/2024 D.R. Horton Regular 173.07
244341 03/20/2024 Aflac-Customer Service Regular 235.68 244342 03/20/2024 AFSCME District Council 57 Regular 1,557 .53
244343 03/20/2024 Empower Annuity Ins. Co of America Regular 2,947.00 244344 03
/20/2024 Empower Annuity Ins. Co of America Regular 1,547.86 244345 03/20/2024 Los Banos Fitness & Racquet Club Regular 265 .00
244346 03/20/2024 Los Banos Police Assn Regular 1,085
.00
244347 03/20/2024 Los Banos Police Assn. Regular 245.00 244348 03/20/2024 Merced County Sheriff Regular 850
.14
244349 03/20/2024 MissionSquare Regular 341.65
244350 03/20/2024 MissionSquare Regular 7,912.50
10 244351 03
/20/2024 Nationwide Retirement Solutions Regular 4,105.33 244352 03/20/2024 Professional Fire Fighter of Los Banos Local 4 703 Regular 1,050 .00
244353 03/20
/2024 State Disbursement Unit Regular
1,350.00
244354 03
/22/2024 A Plus Tree, LLC Regular 46
,015.64
244355 03/22/2024 Agile Occupational Medicine PC Regular 115.00 244356 03/22/2024 Amerine Systems Inc Regular 36,988.91 244357 03/22/2024 Apex Annex Health Center, Inc. Regular 1,632 .00
244358 03/22/2024 AT&T Mobility Regular 5,072
.66
244359 03/22/2024 Carollo Inc. Regular 6,303.25
244360 03
/22/2024 Cascade Fire Equipment Company Regular 13
,822.50
244361 03/22/2024 Pedro L Cintora Regular
5,000.00
244362 03/22
/2024 City of Livingston Regular 200
.00
244363 03
/22/2024 City of Los Banos Utility Regular
5,588.92
244364 03/22/2024 Galvin Preservation Associates, Inc. Regular 43 ,315.50
244365 03/22/2024 Braeden Gomes Regular 200
.00
244366 03/22/2024 Gouveia Engineering Inc. Regular 13
,801.63
244367 03/22/2024 Halcyon Creek Inc. Regular 14,619.00
244368 03/22/2024 Brent Kuhn Regular 15
,840.00
244369 03
/22/2024 Gabriel Omar Ortiz Lepe Regular 7,500
.00
244370 03/22/2024 Liebert Ca
ssidy Whitmore Regular 3,485
.50
244371 03/22/2024 Merced County Regional Waste Management Authority Regular 12,290 .53
244372 03/22/2024 Merced MRI Medical Group Regular 115
.00
244373 03/22
/2024 Oppenheimer Investigations Group LLP Regular 34
,121.50
244374 03/22/2024 Pioneer Development Company, Inc. Regular 226 ,861.64
244375 03/22/2024 Provost and Pritchard Engineering, Inc. Regular 17,219.95 244376 03/22/2024 Juan Soriano Regular 120
.00
244377 03/22/2024 Spay Neuter hnperative Project California Regular 8,000.00 244378 03
/22/2024 Kevin Spencer Regular 572.00
244379 03/22/2024 St. Francis Electric, LLC Regular 277,495 .00
244380 03/22
/2024 US Bank Corp Pymt System Regular 57,512
.56
244381 03/22/2024 Law Offices of William A Vaughn Regular 14 ,774.50
244382 03/22
/2024 AAA Business Supplies Regular 17
.84
244383 03/22/2024 Anthony Gomes Regular 120.00
244384 03/22/2024 Aramark Uniform Ser Inc Regular 49
.53
244385 03/22/2024 AT&T Regular 2,067.67
244386 03/22/2024 Dorothy June Baker Regular 84.77
244387 03/22/2024 BJ's Consumers Choice Pest Control Inc. Regular 137.00 244388 03/22/2024 Brinks Inc. Regular 869
.28
244389 03
/22/2024 Bruce's Tire Inc Regular 1,526. 80
244390 03/22/2024 Bryce Consulting Inc. Regular 2,185
.00
244391 03
/22/2024 BSK Associat
es Regular 1,500
.00
244392 03/22/2024 Bucher Municipal North America Inc. Regular 4,786.70
244393 03/22/2024 Raymond Brown Regular 100.00
244394 03/22/2024 Cal Traffic Regular 2,485
.58
244395 03/22/2024 CENCAL Machine & Fabrication Inc. Regular 669.36 244396 03/22/2024 Central Vall
ey Concrete Inc. Regular 2,540.40
244397 03/22/2024 Comcast Regular 156
.60
244398 03
/22/2024 Copy Shipping Solutions Regular 739
.50
244399 03
/22/2024 CPS Regular
1,474.00
244400 03/22/2024 Docs Towing & Transport, Inc. Regular 1,485 .00
244401 03
/22/2024 Dos Palos Publishing Company Regular 290
.00
244402 03/22/2024 DR
Horton Regular 905
.08
244403 03/22/2024 Equipment Simulations LLC Regular 1,775 .00
244404 03/22/2024 Fastenal Company Regular 382
.54
244405 03/22/2024 Fast Track Car Wash Regular 301.00
11 244406 03/22/2024 Federal Express Corporation Regular 39.45 244407 03/22/2024 Fehr& Peers Regular 2,276.25
244408 03/22/2024 Ferrellgas, Inc. Regular 222.37
244409 03/22/2024 Food 4 Less Regular 227.40
244410 03/22/2024 Government Revenue Solutions Holdings I, LLC Regular 1,750.00 244411 03/22/2024 Halcyon Creek Inc. Regular 1,345.11
244412 03/22/2024 Helena Chemical Co Inc Regular 1,392.00 244413 03/22/2024 Henley Pacific, LLC Regular 182.04
244414 03/22/2024 Holt of California Regular 191.24
244415 03/22/2024 Joseph Deleon Alvarez Regular 600.00
244416 03/22/2024 Kimball Midwest Regular 10.85
244417 03/22/2024 Michael Lewallen Regular 800.00
244418 03/22/2024 Los Banos Rental Yard Inc Regular 204.40 244419 03/22/2024 Alyssa Lonetree Regular 600.00
244420 03/22/2024 Marfab Inc Regular 41.01
244421 03/22/2024 Matson Alarm Co Inc Regular 215.00
244422 03/22/2024 Merced Truck & Trailer Inc Regular 618.81 244423 03/22/2024 Municipal Maintenance Equipment, Inc. Regular 3,270.99 244424 03/22/2024 Jose Miranda Regular 500.00
244425 03/22/2024 Napa Auto Parts of Los Banos Regular 91.97 244426 03/22/2024 O'Dell Engineering Regular 3,093.75
244427 03/22/2024 OSE Regular 17.84
244428 03/22/2024 O'Reilly Auto Parts Regular 1,164.21
244429 03/22/2024 Precision Civil Engineering, Inc Regular 2,898.75 244430 03/22/2024 Quad Knopf, Inc. Regular 1,647.70
244431 03/22/2024 Razzari Dodge Chrysler Jeep Regular 802.48 244432 03/22/2024 Sherwin Williams Co Regular 92.74
244433 03/22/2024 Southern Tire Mart, LLC Regular 90.00 244434 03/22/2024 Sorensens True Value Regular 1,460.36 244436 03/22/2024 Stantec Consulting Services, Inc. Regular 4,169.00 244437 03/22/2024 Soknirom Than Regular 1,295.57
244438 03/22/2024 Thirkettle Corporation Regular 2,329. 14 244439 03/22/2024 Tyler Technologies, Inc. Regular 652.50 244440 03/22/2024 Verizon Wireless Regular 439.94
244441 03/22/2024 Windecker Inc Regular 4,632.71
244442 03/22/2024 Young's Air Conditioning Regular 389.25 244443 03/26/2024 Westamerica Bank - Cafeteria Plan Regular 91,686.97 Break in check sequence due to the following: Payment Type Payment Check #244339 - #24340 (Payroll) Regular Checks 193 1,750,956.53 Check #244435 (Manual Void) Manual Checks 0 0.00
Voided Checks 0 0.00
193 1,750,956.53
12 CITY OF LOS BANOS

CITY COUNCIL MEETING MINUTES
FEBRUARY 21, 2024
ACTION MINUTES - These minutes are prepared to depict action taken for agenda items presented to the City Council. For detail of this meeting refer to the electronic media (CD and/or audio) kept as a permanent record.

CALL TO ORDER: Mayor Pro Tern Lambert called the City Council Meeting to order at the hour of 6:00 p.m.

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

ROLL CALL - MEMBERS OF THE CITY COUNCIL PRESENT: Council Members Douglas Begonia, Jr., Brett Jones, Kenneth Lambert, Deborah Lewis; ABSENT: Mayor Paul Llanez.

STAFF MEMBERS PRESENT: City Manager Pinheiro, City Attorney Vaughn, Police Chief Reyna, City Clerk/Human Resources Director Mallonee, City Treasurer Lawrence, Fire Chief Tualla, Community & Economic Development Director Souza Elms, Parks & Recreation Director Heim, Interim Finance Director Kuhn, Public Works Director/City Engineer Bergson.

CONSIDERATION OF APPROVAL OF AGENDA: Motion by Jones, seconded by Begonia to approve the agenda as submitted. The motion carried by the affirmative action of all Council Members present, Llanez absent.

PRESENTATIONS - CERTIFICATE OF RECOGNITION - DE LA TORRE PROPERTIES FOR BEING NAMED THE 2023 RECYCLER OF THE YEAR BY MID VALLEY DISPOSAL. Mayor Pro Tern Lambert presented the certificate for which De La Torre Properties and Mid Valley Disposal were in attendance to accept and present.

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

MEMBERS ON ANY ITEM OF PUBLIC INTEREST THAT IS WITHIN THE JURISDICTION OF THE CITY: INCLUDES AGENDA AND NON-AGENDA ITEMS. NO ACTION WILL BE TAKEN ON NON-AGENDA ITEMS. SPEAKERS ARE LIMITED TO A FIVE (5) MINUTE PRESENTATION. DETAILED GUIDELINES ARE POSTED ON THE COUNCIL CHAMBER INFORMATIONAL TABLE. MANUEL CUHNA, President of the Nisei Farmers League out of Fresno, provided a brief history on the coalition, who it consists of and how it was formed. He spoke to a document he provided to the clerk which was a Sustainability Coalition and how the document requests on behalf of various organizations for the Governor to meet with them discuss his plan for the entire state of California to go electric by 2035. There are major concerns with meeting this requirement especially as it relates to hauling trucks needing to be electric. He is asking for the City's support in signing this letter and joining the coalition in attempts to speak to the Governor 13 about these concerns and how the deadline is unattainable. PATRICIA McCOY, spoke regarding the American Legion and the VFW and how they are having a rigatoni drive thru dinner in order raise funds for the honor flight. The drive thru dinner will be held on Monday, March 11 between 4 p.m. and 7 p.m. at the DES Hall. Tickets are $10.

CHRISTIAN SANTOS, Representative for Congressman John Duarte, spoke regarding a recent meeting Duarte had with Golden Valley Health Center regarding medical sustainability in the central valley. He provided some background and statistics on Golden Valley Health Centers and how it serves central valley communities. He spoke further about the Lower Cost and More Transparency Act and how this act empowers care seekers and incentives medical providers to lower their prices for services. The skyrocketing prices of prescription drugs is also targeted by this Act; ANN McCAULEY, Los Banos resident, spoke to how it is heartwarming to see all of the improvements done around town - street paving, tree trimming, new street signs - although there is one tree on Mercey Springs near the crosswalk at Scripps that needs trimming as it could be dangerous to the school kids who constantly use that crosswalk. She's also happy to see that there are some improvements that are going to be made to the animal shelter; KA THY UH LEY, would like to see the City sign the letter spoken to earlier from the Nisei League. She's very happy to see the shelter improvements moving forward. She spoke to how Levi from the feral cat support group has some minor suggestions regarding the plan for the shelter in regards to having a separate surgical room and moving some doors around along the hallways. The separate surgical room is a requirement in order to have medical procedures done in the facility. She thanked Levi for bringing the feral cat program to the community as it has had a major impact and was much needed. Lastly, she spoke to an article she read online regarding cyberbullying and how it is a real thing; KATHY BALLARD, stated she has attempted speaking with Council and the Mayor regarding how the agendas are set up and that she was told to go see how other cities do it or take a Civics course. She recently attended a City Council Meeting in the City of Gustine and she spoke to how they run their meetings and how they allow members of the public to speak on items throughout the meeting and not just during public forum.

They get to have a dialogue with the council and have their questions answered unlike here in Los Banos where members of the public stand up during public forum, provide their input or opinion and then sit down. Department Directors from the City of Gustine also provided departmental updates so the public is aware of what's going on or what's upcoming. It is hard speaking with City officials here and hard to have input to share on things when the public doesn't know what's going on; DAVE ANDERSON, stated he would like to make a comment on Agenda Item 9 and stated that he would like the council to not consider reducing the number of meetings for the Airport Commission. They are short meetings but they are precise and important as they monitor the budget status report and stay made aware of FAA grant funding opportunities for small airports like ours.

Having regular, short meetings helps keep the focus and keeps items on track and if you only have meetings every three months, people forget what was discussed at the last meeting. UNNAMED PERSON, agrees with all that was said so far and is happy to see that things are continuing to be pursued. She spoke to the plans for the animal shelter and how it is a shame that some of the plans she proposed are not going to be taken into consideration. She is wondering what will be approved tonight and whether it is just due to funding or due to something finally happening. At the least, she hopes that the 14 proposed changes by Levin from Feral Freedom will be taken into consideration. It is a shame that there is nothing being done about the dog building as that area of the shelter is horrible to be in; GREG HOSTETLER, spoke to a few subjects and issues including job creating, housing development and the homeless situation. He spoke to Northpointe, a development near Pacheco High School, that has had numerous delays by City staff - particularly due to the turnover in the Public Works Department and the various changes of City Managers. Issues including design requirements due to traffic have also caused delays. He spoke to how this development will benefit the community and those that want to move to the community. He spoke to the Pioneer Ridge annexation near Pioneer Road and Center and how that project has been in the cue for years and it is also time to move forward with this project. He spoke to the negative effects that come with delaying developments like this including no job creation, no increased housing options, and no support to the housing element. He further spoke to developer reimbursements that were due to be paid by the City including Shaunessy Village Park, Center Avenue improvements and Cresthills Park improvements. He noted some donations his company has donated towards bettering the city and the community and looks forward to continuing the working relationship. GRACIANO, the City is making it difficult for developers to develop in the city, making it difficult for businesses to bring new jobs to the city, not doing anything about the homeless situation, and not doing anything about the stray animals but at least we're getting pickleball courts. He began speaking about the small business assistance program and the reason why he began attending the City Council meetings was because he asked a question of staff regarding the program's process and that City staff refused to tell the truth. He began attending meetings in hope he would get assistance from Council but instead Council continued to cover up for City staff. lt was said that Council stated that if small businesses did not use the funds during the first cycle that he would like to run a second cycle. There are funds leftover but now those funds will be used for the pickleball courts instead of on small local businesses. All he has been asking the Council to do in the last seven months is for them to do what they said they were going to do. The longer the City waits to respond to how grant awards were given, the guiltier the City looks; FIRE CAPTAINS JP SOARES & ERIC GALLICHIO, spoke regarding some upcoming events - Kids Day on March 12 where they will be selling newspapers to raise funds for Valley Children's Hospital; Annual Pancake Breakfast supporting specialized training and new equipment for local firefighters will be held at Fire Station No. 1 on February 24 and tickets are $10 for adults and $7 for kids under the age of 12; Fill the Boot for Burns event that will benefit the Burn Foundation and the burn victims it supports will be held on March 30 at the corner of Mercey Springs and Pacheco Boulevard from 7 a.m. to noon; Captain Soares spoke to how he was fortunate to go down to Clovis and get certified in car seat safety so they will be having a drive-thru car seat safety inspection event on Sunday, April 21 at the corner of F and 4th Streets; MARIBEL GARCIA, Los Banos Downtown Association, spoke regarding a Merchant Meeting that will be held tomorrow at Biggins Texas Barbecue. She is looking for feedback from the merchants and spoke to how important it is for them to show up. On March 17 there will be a pub crawl downtown. No one else came forward to speak and the public forum was closed.
15 CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Council Member Lewis stated that she would like to remove items 7C - City Council Resolution No. 6732 - Approving Payment of the Invoice/Claim Filed by the Central California Irrigation District (CCID) for $65,401.98 Related to the Cresthills Sewer Spill, 7F - City Council Resolution No. 6735 - Authorizing the City Manager to Execute the Contract with BMY Construction Group, Inc. for the Phase One Construction of the Animal Shelter Building in the Amount of $902,102 and Authorizing a Project Contingency of $90,210.20, 7H - City Council Resolution No. 6737 - Authorizing the City Manager to Execute an Agreement Between the City of Los Banos and PARC Environmental for Asbestos and Lead Abatement Services at 535 J Street (Police Annex) in the Amount of $163,440 for presentation.

Item 7C - City Council Resolution No. 6732 -Approving Payment of the Invoice/Claim Filed by the Central California Irrigation District (CCID) for $65,401.98 Related to the Cresthills Sewer Spill. City Attorney Vaughn presented the staff report.

There was Council Member and staff discussion regarding a release from CCID once this was paid and whether there will be future claims for which City Attorney Vaughn stated this would be billed to our insurance and that the City is working with insurance to deal with future claims. He further stated that future conversations related to this matter may be brought back to Council for further consideration.

Item 7F - City Council Resolution No. 6735 - Authorizing the City Manager to Execute the Contract with BMY Construction Group, Inc. for the Phase One Construction of the Animal Shelter Building in the Amount of $902,102 and Authorizing a Project Contingency of $90,210.20. Council Member Lewis explained how in the past there would be public input allowed on projects like this and would like to put this project off for one more month to allow for such. Other Council Members. Other Council Members feel there is no time for public input and this project needs to get underway right away. Council Member Lewis stated that she would be abstaining from this item because she does not approve of the process for this project. She believes the community should have input.

Motion by Jones, seconded by Begonia to adopt City Council Resolution No. 6735 - Authorizing the City Manager to Execute the Contract with BMY Construction Group, Inc. for the Phase One Construction of the Animal Shelter Building in the Amount of $902,102 and Authorizing a Project Contingency of $90,210.20. The motion carried by the following roll call vote: AYES: Begonia, Jones, Lambert; NOES: None; ABSTAIN: Lewis; ABSENT: Llanez.

Item 7H - Authorizing the City Manager to Execute an Agreement Between the City of Los Banos and PARC Environmental for Asbestos and Lead Abatement Services at 535 J Street (Police Annex) in the Amount of $163,440. There was Council Member and staff discussion pertaining to the four companies that submitted proposals and what the deciding factor was for choosing PARC Environmental for which Community & Economic Development Director Elms explained the criteria used to evaluate each proposal and price negotiations. She further spoke to how there was an evaluation committee which included an Inspector who is knowledgeable in this area. 16 Motion by Jones, seconded by Begonia to approve the consent agenda, minus item 7F - City Council Resolution No. 6735 - Authorizing the City Manager to Execute the Contract with BMY Construction Group, Inc. for the Phase One Construction of the Animal Shelter Building in the Amount of $902,102 and Authorizing a Project Contingency of $90,210.20, as follows: Check Register for #243181 - #243776 in the Amount of $1,490,249.67; Minutes for the February 7, 2024 City Council Meeting; City Council Resolution No. 6732 -Approving Payment of the Invoice/Claim Filed by the Central California Irrigation District (CCID) for $65,401.98 Related to the Cresthills Sewer Spill; City Council Resolution No. 6733 - Authorizing the Application and Acceptance of San Joaquin Valley Air Pollution Control District Public Benefit Grant Programs Funds for the Purchase of Five (5) Hybrid Vehicles; City Council Resolution No. 6734 - Approving a Boundary Map and Declaring Its Intention to Annex Property to the City of Los Banos Community Facilities District No. 2002-01 (Public Safety Services) and to Levy a Special Tax Therein to Finance Certain Public Safety Services for Such Community Facilities District (Quail Meadows - Villages at Stonecreek V: Vesting Tentative Tract Map #2021-01 Located in the Southwestern Portion of the City and is Generally Located South of W. Pacheco Boulevard, West of Dock Avenue and East of the City Limit Line; City Counoil Resolution No. 6735 Authorizing the City Manager to Exeoute the Contract •.vith BM¥ Construotion Group, lno. for the Phase One Construotion of the Animal Shelter Building in the Amount of $902,102 and Authorizing a Project Contingenoy of $90,210.20; City Council Resolution No. 6736 - Approving the Acceptance of a State of California Tobacco Grant, Administered Through the County of Merced, in the Amount of $273,150 and Amending the 2023-2024 Fiscal Year Budget by Increasing the Appropriation Amount for Expenditures and Revenues in the Amount of $273, 150; City Council Resolution No. 6737 -Authorizing the City Manager to Execute an Agreement Between the City of Los Banos and PARC Environmental for Asbestos and Lead Abatement Services at 535 J Street (Police Annex) in the Amount of $163,440. The motion carried by the affirmative action of all Council Members present, Llanez absent.

PUBLIC HEARING - TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF A

CATEGORICAL EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT {CEQA) AND CONDITIONAL USE PERMIT #2023-07 TO ALLOW THE USE OF TYPE 41 ALCOHOL LICENSE FOR THE ON-SALE OF BEER AND WINE FOR

PREMIERE CINEMAS LOS BANOS LOCATED WITHIN THE HIGHWAY
COMMERCIAL ZONING DISTRICT AT 245 MERCEY SPRINGS ROAD, APN 025-121- 022; CITY COUNCIL RESOLUTION NO. 6738 - FINDING THE PROPOSED PROJECT

TO BE CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO SECTION 15301 AND APPROVING CONDITIONAL USE PERMIT #2023-07 TO ALLOW FOR THE ON-SALE OF BEER AND WINE IN

CONJUNCTION WITH AN EATING PLACE FOR PREMIERE CINEMAS LOS BANOS LOCATED AT 245 MERCEY SPRINGS ROAD. Community & Economic Development Director Souza Elms presented the staff report, which included a PowerPoint presentation.

Mayor Pro Tern Lambert opened the public hearing. PATRICIA McCOY stated that it is her personal opinion that the movie theater should not be selling beer and alcohol as it is 17 supposed to be a location for families to go and there will be underaged children in there.

The security cameras they have are in the lobby and not in the actual theaters. She is also disappointed that someone from Premiere Cinemas is not in attendance at tonight's meeting. KATHY UHLEY, stated that she is also not a fan of alcohol being seNed at the theater. This is a family venue and there is no strict way to monitor the situation. She does not want to see this happen in our community and also believes it is not appropriate.

UNNAMED PERSON, spoke to how they do not support the theater seNing alcohol. Who is going to monitor the situation? Kids could be drinking alcohol and then driving home.

RICHARD, Premier Cinemas, spoke to how it's been a struggle with COVID and a struggle to recover. They are just trying to find a way to raise revenue and keep the business afloat and continue moving forward. Staff will be monitoring and ensuring that no children will be consuming alcohol. This is similar to sitting down in a restaurant and is something that is going on in theaters statewide. He would just like to keep the options open for the establishment; ANN McCAULEY, spoke to how she is tired of people talking about and blaming things on the COVID pandemic. She also agrees that alcohol should not be seNed in movie theaters. She has never seen staff cruising around checking things out and believes that making up income issues with beer and wine could cause bigger issues. There are better ways to bring families entertainment without having to introduce alcohol. No one else came forward to speak and the public forum was closed.

There was Council Member and staff discussion regarding what the legal age is to seNe alcohol for which Community & Economic Development Director Elms noted it is 18.

Council Member Jones commends the theater for adjusting its business strategy and believes it will help the establishment stay in business. There is no difference between people coming out of Chili's drunk and coming out of the movie theater drunk. Council Member Lambert spoke to his experience of obtaining an ABC license and how it is an ongoing process that is not easy. Majority of theaters in the Bay Area sell beer and wine and it makes no difference to him as he understands the issues surrounding COVID.

Initially he was not a fan of the idea but then he did some research and talked to Police Department staff and can understand that they are trying to bring in more revenue and believes they should be given the opportunity
Motion by Jones, seconded by Begonia to adopt City Council Resolution No. 6717 - 6738 - Finding the Proposed Project to be Categorically Exempt from the California Environmental Quality Act Pursuant to Section 15301 and Approving Conditional Use Permit #2023-07 to Allow for the On-Sale of Beer and Wine in Conjunction with an Eating Place for Premiere Cinemas Los Banos Located at 245 Mercey Springs Road. The motion carried by the affirmative action of all Council Members present. NOES: Lewis ABSENT: Llanez.

CONSIDERATION OF ADOPTION OF ORDINANCE NO. 1204 - AMENDING TITLE 2 CHAPTER 2 ARTICLE 5 SECTION 2-2.510 OF THE LOS BANOS MUNICIPAL CODE

TO CHANGE THE MEETING DATES AND TIMES OF THE LOS BANOS AIRPORT

ADVISORY COMMISSION FROM MONTHLY MEETINGS TO QUARTERLY
MEETINGS (FIRST READING & INTRODUCTION). Public Works Operations Manager Granillo presented the staff report.
18 There was Council Member and staff discussion regarding how many meeting cancellations have taken place for which Public Works Operations Manager Granillo stated there were four. He further mentioned that he understands Mr. Anderson's comments made earlier but that staff is trying to act and work as efficiently as possible and these frequent meetings are taking time away from staff to focus on other thing.

Motion by Jones, seconded by Begonia to waive the first reading of Ordinance No. 1204 -Amending Title 2 Chapter 2 Article 5 Section 2-2.510 of the Los Banos Municipal Code to Change the Meeting Dates and Times of the Los Banos Airport Advisory Commission from Monthly Meetings to Quarterly Meetings. The motion carried by the affirmative action of all Council Members present, Llanez absent.

Motion by Jones, seconded by Begonia to introduce Ordinance No. 1204 - Amending Title 2 Chapter 2 Article 5 Section 2-2.510 of the Los Banos Municipal Code to Change the Meeting Dates and Times of the Los Banos Airport Advisory Commission from Monthly Meetings to Quarterly Meetings. The motion carried by the following roll call vote:

A YES: Begonia, Jones, Lewis; NOES: None. ABSENT: Llanez.

CONSIDERATION OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 6739 -

ACCEPTING PUBLIC UTILITY IMPROVEMENTS WITHIN THE PRIVATE COMMUNITY FOR EAST CENTER PHASE 3A (PIONEER DEVELOPMENT COMPANY, INC.). Public Works Director/City Engineer Bergson presented the staff report.

There was Council Member and staff discussion pertaining to some of the improvements included in this item and when certain pieces would be implanted throughout the phases.

Motion by Begonia, seconded by Jones, to adopt City Council Resolution No. 6739 - Accepting Public Utility Improvements within the Private Community for East Center Phase 3A (Pioneer Development Company, Inc.). The motion carried by the affirmative action of all Council Members present, Llanez absent.

CONSIDERATION OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 6740 -

APPROVING PROFESSIONAL SERVICES AGREEMENT FOR EMERGENCY SHELTER SERVICES [MISSION MERCED INCORPORATED] AND AMENDING THE 2023-2024 FISCAL YEAR BUDGET AS IT PERTAINS TO REVENUES AND

EXPENDITURES IN THE CALIFORNIA HOUSING AND COMMUNITY
DEVELOPMENT (HCD) FUNDS. Community & Economic Development Director Elms presented the staff report.

There was Council Member and staff discussion regarding the elimination of the Continuum of Care budget, what other funds are available and how our allocation of funds is in jeopardy which is why staff is recommending to proceed with bridge homes.

Motion by Begonia, seconded by Jones to adopt City Council Resolution No. 67 40 - Approving Professional Services Agreement for Emergency Shelter [Mission Merced 19 Incorporated] and Amending the 2023-2024 Fiscal Year Budget as it Pertains to Revenues and Expenditures in the California Housing and Community Development (HCD) Funds. The motion carried by the affirmative action of all Council Members present, Llanez absent.

ADVISEMENT OF PUBLIC NOTICES. (Three Reports}. Community & Economic Development Director Elms reported that there will be three public hearing items at the next Planning Commission Meeting on Wednesday, February 28 - a Site Plan Review for Frugal Logistics; consideration of a Mobile Food Vendor Permit for Francisco Javier Godinez dba Birrieria Cornelio de la Ruana; Conditional Use Permit for Western Singh Stores.

CITY MANAGER REPORT. City Manager Pinheiro welcomed Charles Bergson, the new Public Works Director/City Engineer to the team and provided a brief history on him.

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

JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT (SJVAPCD), AND LOS

BANOS DOWNTOWN PROPERTY & BUSINESS IMPROVEMENT DISTRICT (LBDPBID). Council Member Lewis spoke to how she recently updated the community on the fact that the San Joaquin Valley Air Pollution Control District had submitted an application that was approved for $56 million from the Federal Highway Commission for two new charging stations - one in Taft and one in Gustine. During the last meeting the Board accepted the funds and additionally noted the grant was the third largest one awarded out of the entire United States and the largest one in the state of California.

Interstate 5 is a main corridor all the way from San Diego going up towards Canada and provides roadways for many different types of travel and transportation. The one in Gustine will be at the crossing of highway 5 and highway 140 and will provide for 45 passenger vehicle sites. She spoke to how the San Joaquin Valley Air Pollution Control District will have grants available to communities to put on laser light shows especially because pyrotechnics may be illegal in the future. On March 2, there will be a free smog repair event at the Los Banos Fairgrounds. There will be funding available up to $500 per person to help people whose cars will not pass smog. She further spoke to how when driving around town she notices chunks of asphalt sticking out of the street and how it could be quite dangerous. She wonders if there are regular schedules to be followed regarding repairs and she is hoping that the new Public Works Director/City Engineer will provide some sort of update and also welcomed him to the City. She expressed her hope that Council will support the gentleman from the Nisei Farmers League and how important the topics he spoke of are. She would like to prepare a letter with signatures to provide to him.

CITY COUNCIL MEMBER REPORTS
KENNETH LAMBERT: Council Member Lambert welcomed Mr. Bergson. He reminded the public of the Fire Department Pancake Breakfast that is upcoming. He spoke to the funds that were granted for the charging stations and stated that he disagrees with that 20 as he feels the funds should have been used for street funding or something else that really
DOUGLAS BEGONIA, JR.: Council Member Begonia welcomed Public Works Director/City Engineer Charles Bergson. He spoke to the Arbor Day Celebration that will take place on March 1 .

BRETT JONES: Council Member Jones welcomed the new Public Works Director/City Engineer.

DEBORAH LEWIS: No report.

PAUL LLANEZ: Absent
ADJOURNMENT. The meeting was adjourned at 8:10 p.m.

APPROVED:

Kenneth Lambert, Mayor Pro Tern
ATTEST:

Lucille L. Mallonee, City Clerk
21 THIS PAGE IS INTENTIONALLY LEFT BLANK
22 CITY OF LOS BANOS

CITY COUNCIL MEETING MINUTES
March 6, 2024
ACTION MINUTES - These minutes are prepared to depict action taken for agenda items presented to the City Council. For detail of this meeting refer to the electronic media (CD and/or audio) kept as a permanent record.

CALL TO ORDER: Mayor Llanez called the City Council Meeting to order at the hour of 6:01 p.m.

PLEDGE OF ALLEGIANCE: Chief Reyna led the pledge of allegiance.

ROLL CALL - MEMBERS OF THE CITY COUNCIL PRESENT: Council Members Kenneth Lambert, Douglas Begonia, Jr., Brett Jones, Deborah Lewis and Mayor Paul Llanez.

STAFF MEMBERS PRESENT: City Attorney Vaughn, City Manager Pinheiro, Police Chief Reyna, Fire Chief Tualla, Community & Economic Development Director Elms, Interim Finance Director Brent Kuhn, Parks and Recreation Director Heim, Public Works Director/City Engineer Bergson, Assistant City Clerk/HR Analyst Blevins.

CONSIDERATION OF APPROVAL OF AGENDA: Motion by Jones, seconded by Lambert to approve the City Council Meeting agenda as submitted. The motion carried by the affirmative action of all council members present.

PRESENTATION - CERTIFICATE OF RECOGNITION TO DANA RAWLS,

ADMINISTRATIVE COORDINATOR FOR THE FIRE DEPARTMENT, FOR BEING NAMED EMPLOYEE OF THE MONTH FOR FEBRUARY 2024. Mayor Llanez presented the certificate to Dana Rawls.

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

MEMBERS ON ANY ITEM OF PUBLIC INTEREST THAT IS WITHIN THE JURISDICTION OF THE CITY; INCLUDES AGENDA AND NON-AGENDA ITEMS. NO ACTION WILL BE TAKEN ON NON-AGENDA ITEMS. SPEAKERS ARE LIMITED TO A FIVE (5) MINUTE PRESENTATION. DETAILED GUIDELINES ARE POSTED ON THE COUNCIL CHAMBER INFORMATIONAL TABLE. BLANCHE JORGE and other Elks Lodge Members spoke to how they have collected comfort animal stuffed dalmatian dogs for the Fire Department so they can give to children during difficult situations they respond to. She further spoke to the Halloween event they held for the animals and how it was a very successful event that raised funds for the shelter, that they are very thankful for the turnout and they plan to have it again this year; PATRICIA MCCOY, reminded all about the Honor Flight fundraising drive thru dinner event on Monday at the DES Hall.

Tickets for the rigatoni dinner are still available; ANN MCAULEY, local resident, spoke to how the Arbor Day celebration was a great event and the kids of the community did a great job with their exhibits. The parks are looking fantastic and the new play structure at 23 College Greens Park is great. She further spoke to how she wanted to speak about Greg Hostetler and how he is the developer of the area she lives in - College Greens - and how it's a great area to live in. If he wants to be proud of the new segment, they should at least be putting landscaping and lighting in the area and the fact that that road has been blocked off forcing all those people to go around just to get into their neighborhood is ridiculous. Hostetler can go on and on about the donations he makes but not having landscaping and lighting in the area speaks volumes. She feels it's despicable when a developer does not make their area look smart. She spoke to the new bank on the corner, how it looks great and how they even built a sidewalk when they may not have had to.

These things should be required for all projects to make them look better; KA THY BALLARD, stated she had a question about the Home Depot incident that was posted on the City's Facebook page, then it was deleted so when people would go onto the page to see what was going on, the information would be gone and now there is just chatter. She was curious what the page was for and whether it was to inform the public or not; GREG HOSTETLER, stated he was speaking to Josh Pinheiro and stated that he was less than impressed with his performance. He spoke to City Manager Pinheiro's $1 million payout, his excessive salary, and the hostile work environment he creates for his employees. He spoke to De Anza Way and how the issue is not being addressed. He received a letter relating to the matter, he responded and claims there has been no follow up since. He has invited City Manager Pinheiro to meetings since he has been re-hired and City Manager Pinheiro stated that he was going to resolve the issue himself. Hostetler is again requesting another meeting as traffic fees have been fined on him. He wonders where all of this money is going; REPRESENTATIVE FROM OFFICE OF JOHN DUARTE, spoke to the issue of Valley Fever our local communities are faced with and how there are certain programs ongoing to provide vouchers for screening. Ongoing efforts for possible vaccines and prevention methods are in the works. Representative Duarte is requesting that the FDA research the issue of Valley Fever; CHRISTOPHER LEVEGLIA; Santos Ford, spoke to a current bid that is out for City vehicles and how it appears to him the City has black balled him. He spoke to how Public Works staff used to reach out to him regarding these bids to be sure that he participated. He spoke to an instance where he won a bid but, there were issues in the automotive industry that caused delays in the delivery of the vehicle so now the order has been cancelled. He wonders why the City is only using Chevy and GMC brands now and why things are no longer being done under a sealed bid. There should be some sort of fiscal responsibility for tax payer money; RAUL GRANILLO, Mercey Springs Church of the Nazarene, spoke to how there will be a free workshop in April that will include information and assistance for issues surrounding citizenship and immigration issues; MARION SANTOS, owner of Santos Ford, spoke to how many surrounding cities buy their fleet vehicles from him but the City they do business in will not. Santos Ford needs the support of the City or the shop will shut down.

Toscano RV has been supporting them and keeping them afloat. Please try to buy locally as it has been a real struggle; MICHELLE SANDOVAL, Executive Director of the Los Banos Chamber of Commerce, spoke to how the Chamber's server crashed in December and all data was lost but they have been able to get everything back over time. The local events are continuing on - the Street Fair, the Spring Fair - although they may not be having a beer booth at the spring fair this year. MARIBEL GARCIA, Los Banos Downtown Association, spoke to a merchant event that is being held tomorrow and would love for folks to attend so she can get some feedback. On March 17, there will be the St. Patrick's Day Pub Crawl downtown and hopes to see everyone there; REFUGIO LLAMAS, spoke 24 to an event on March 29 called "Welcome Home" event for Vietnam veterans. This is a way to continuously thank veterans in our area for their service. This is a free event to veterans, their families, and the general public. He further spoke to how there is a big problem going on with City management and how they choose to lead. It's starting to spill over especially as it relates to decision making on something prior to having public input.

It's the responsibility of the City Council - not the City Manager - as they should be managing him and directing him. He encourages City officials to take time to reflect on how they conduct themselves. No one else came forward to speak and the public forum was closed.

CONSIDERATION OF APPROVAL OF CONSENT AGENDA.

Council Member Lewis stated she wanted to remove Agenda Items 78, 7C and 70 for discussion.

Item 78- City Council Resolution No. 6741 - To Delegate Authority to the City Manager to Undertake Certain Actions to Commence and Complete the Real Property Transactions for the Ortigalita Road I Pioneer Road Intersection Improvement Project.

Public Works Director/City Engineer Bergson spoke to the item and how notices have been sent out to homeowners in the area. Council Member Lewis requested history and why the area is being widened for which Director Bergson stated that to his understanding, it was a piece of the Pioneer widening project. Council Member Lewis questioned the urgency, how long this has been on the books and why now for which Director Bergson stated that some of the funds are due to expire soon and that the City is prepared to backfill funds to proceed with the project. Interim Finance Director Kuhn joined the discussion and explained how Measure V and MCAG funding tie into this and how the movement of the funds was delayed due to departmental turnover. Council Member Lewis expressed her discomfort with how the Pioneer Widening Project is progressing, how funds are being rushed because they are about to expire and how there have been no updates as to what this project is going to look like.

Item 7C - City Council Resolution No. 6742 - Ratifying the City Manager's Approval of the Employment Agreement with the Finance Director Vanessa Portillo. Council Member Lewis spoke to how she is expected to make a decision on this item based off of the contract itself. She would like information on the soon-to-be employee. City Manager Pinheiro provided some background on Vanessa Portillo and said the team is excited to have her. Council Member Lewis asked if Vanessa was given the opportunity to attend tonight's meeting to introduce herself for which City Manager Pinheiro answered that her first day of employment would be on Monday, March 11 .

Item 70 - City Council Resolution No. 67 43 - Accepting the 2023 Street Rehabilitation Project as Complete and Authorizing the Filing of a Notice of Completion with the Merced County Recorder. Council Member Lewis mentioned that the report of completion included all of the streets as a whole and asked if there was a reason why Birch Avenue was not included for which Interim Finance Director Kuhn answered stating it was because it was a change order.
25 Motion by Lambert, seconded by Jones to approve the consent agenda as follows: Check Register for #243777 - #243985 in the Amount of $1,193,990.70; City Council Resolution No. 6741 - To Delegate Authority to the City Manager to Undertake Certain Actions to Commence and Complete the Real Property Transactions for the Ortigalita Road / Pioneer Road Intersection Improvement Project; City Council Resolution No. 67 42 - Ratifying the City Manager's Approval of the Employment Agreement with the Finance Director Vanessa Portillo; City Council Resolution No. 67 43 - Accepting the 2023 Street Rehabilitation Project as Complete and Authorizing the Filing of a Notice of Completion with the Merced County Recorder. The motion carried by the affirmative action of all council members present.

PENINSULA CLEAN ENERGY PRESENTATION. Community & Economic Development Director Elms introduced Shawn Marshall who presented the item which included a PowerPoint presentation.

There was Council discussion with Shawn Marshall regarding some projects going on in town and those projects are a solar panel carport parking area at the community center and a solar roof top that will be installed at the wastewater treatment plan. Those projects are assumed to be done sometime this year.

No action taken. Informational item only.

CONSIDERATION OF ADOPTION OF ORDINANCE NO. 1204 - AMENDING TITLE 2 CHAPTER 2 ARTICLE 5 OF SECTION 2-2.510 OF THE LOS BANOS MUNICIPAL

CODE TO CHANGE THE MEETING DATES AND TIMES OF THE LOS BANOS AIRPORT ADVISORY COMMISSION FROM MONTHLY TO QUARTERLY MEETINGS.

Public Works Director/City Engineer Bergson presented the staff report.

Motion by Jones, seconded by Lambert to waive the second reading of Ordinance No. 1204. The motion carried by the affirmative action of all council members present.

Motion by Jones, seconded by Begonia to adopt Ordinance No. 1204 -Amending Title 2 Chapter 2 Article 5 Section 2-2.510 of the Los Banos Municipal Code to Change the Meeting Dates and Times of the Los Banos Airport Advisory Commission from Monthly Meetings to Quarterly Meetings. The motion carried by the following roll call vote: AYES:

Lambert, Begonia, Jones, Lewis, Llanez; NOES: None; ABSTAIN: None.

CONSIDERATION OF CITY COUNCIL RESOLUTION NO. 6744 - ADOPTING A REVISED BUDGET FOR THE 2023-2024 FISCAL YEAR AS IT PERTAINS TO EXPENDITURES AND REVENUES. Interim Finance Director Kuhn presented the staff report which included a PowerPoint presentation.

Council expressed how they were pleased with how many things are getting done and how the City is actually making money. Staff was asked if the reserve account still met the required 30% mark for which Interim Finance Director Kuhn stated that the reserve account is actually more toward the upper 80% - 90% mark. He further stated that the City should be using the money because that's what the taxpayers are paying it for. 26 Motion by Lambert, seconded by Begonia to adopt City Council Resolution No. 67 44 - Adopting a Revised Budget for the 2023-2024 Fiscal Year as it Pertains to Expenditures and Revenues. The motion carried by the affirmative action of all council members present.

ADVISEMENT OF PUBLIC NOTICES {Two Reports). Community and Economic Development Director Elms spoke to the two items that would be held at the next Planning Commission Meeting on Wednesday, March 13, 2024 - one being a site plan review for Legacy Development for a fuel station and convenience store and the other item being for a Mobile Food Vending Permit for Hugo Oliveira.

CITY MANAGER REPORT. City Manager Pinheiro thanked all staff for the Arbor Day Event at Talbott park. On March 30, there will be an egg hunt at Oliveira Park. The Community Center is currently being painted. There's quite a bit of tree trimming being continued. The Sidewalk pathway project at the PAL field is going on.

REPORT/UPDATE ON MERCED COUNTY ASSOCIATION OF GOVERNMENTS {MCAG), PENINSULA CLEAN ENERGY {PCE). MEASURE V COMMITTEE. AND SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT {SJVAPCD), AND LOS

BANOS DOWNTOWN PROPERTY & BUSINESS IMPROVEMENT DISTRICT {LBPBID). Council Member Lewis reported that on March 2, the San Joaquin Valley Air Pollution Control District in partnership with another organization had a tune up event at the fairgrounds. The turnout was great despite the rain. There were 258 cars that went through the lines for smog and those owners of vehicles that did not pass smog were given vouchers to assist with costs associated with repairs to get them to pass smog.

There is also funding allocation available for purchases of new electric vehicles. Interest forms are available for those who want to review their eligibility in trading in their old vehicles. This program is available to those who own cars from 2006 or older.

Mayor Llanez reported that the MCAG One Voice trip to Washington D.C. is coming in May and that he and the City Manager would be attending.

COUNCIL MEMBER REPORTS
DEBORAH LEWIS: Council Member Lewis spoke to how she is looking forward to the Oliveira Park Easter Egg Event. The kids really enjoy it. She spoke to how it is stated in the City Manager's contract that he is supposed to have an evaluation done on an annual basis and questioned who was supposed to put it on the agenda. She requested that his evaluation be put on the agenda.

LAMBERT: Council Member Lambert thanked Interim Finance Director Kuhn for a great report on mid-year item. He is excited for the new Finance Director to join the team.

BEGONIA: Council Member Begonia attended the Fire Department Pancake Breakfast event and stated it was nice to see community support. He further spoke to the Arbor Day Event and how it was a success. He thanked Interim Finance Director Kuhn for the midyear update. 27 JONES: Council Member Jones thanked staff for all hard their hard work and appreciates everything they do.

LLANEZ: Mayor Llanez spoke to how there are effective ways of communication as it relates to expectations. He told Council Member Lewis that she should let him know if the City Manager is not communicating with her. He further spoke to Hostetler's comments and how there is open communication and dialogue going on even though he claims there is not. Lastly, he mentioned that it's time for the City to do something about the homeless because we can no longer wait for the State. It is time to do something now.

ADJOURNMENT. The meeting was adjourned at 7:43 p.m.

APPROVED:

Paul Llanez, Mayor
ATTEST:

Sara Blevins, Assistant City Clerk
28 TO:

FROM:

DATE:

LOsBanos
t t
Agenda Staff Report
Mayor & City Council Members
Charles Bergson, P.E., Public Works Director/
April 3, 2024
lifo,, i
TYPE OF REPORT: Consent Agenda
SUBJECT: Authorizing Award of Construction Contract to Strategic Mechanical, Inc. in the amount of $266,000.18, with a 10% contingency in the.amount of $26,600.00 for the construction of the Northgate Sewer Lift Station Emergency Power Improvements
Recommendation:

That the City Council adopts the Resolution to award the Northgate Sewer Lift Station Emergency Power Improvements project to Strategic Mechanical, Inc., and authorize the City Manager to execute the Construction Contract Agreement in the amount of $266,000.18. Staff is requesting a 10% contingency of $26,600.00. The administration of this contract, including the 10% contingency, is to be performed by the Public Works Director/City Engineer.

Background:

The existing Northgate Sewer Lift Station is located at 556 Rockport Drive. When constructed, this sewer lift station included a pad for the future installation of a back-up generator. It is currently not equipped to remain operational during a power outage. The generator will allow the sewer lift station to remain operational during such events.

Improvements will include furnishing and installing a self-contained standby generator set including concrete foundation, electrical controls and conduits Discussion:

Staff enlisted the services of Provost & Pritchard Consulting Group to design and prepare bid documents for the project. Staff released the project for advertisement on February 21, 2024. The bid opening was held on March 21, 2024. The Public Works Department, through the office of the City Clerk, received four ( 4) bids from the following contractors:
29 Strategic Mechanical, Inc.

Rolfe Construction, Inc.

PC, Inc.

Day's Generator Service, Inc.

From Fresno, CA
From Atwater, CA
From Sta Maria, CA
From Brentwood, CA
$266,000.18
$297,141.00
$299,000.00
$194,835.00
During the review of bid proposals for completeness, the low apparent bidder, Day's Generator Service, Inc., did not submit the bid schedule as required, therefore was deemed unresponsive. Staff determined that Strategic Mechanical, Inc. submitted the lowest responsive and responsible bid for the project.

Staff is recommending a 10% contingency to be made available for the project. The administration _of the contract, including the 10% contingency, is to be performed by the Public Works Director/City Engineer.

Environmental Analysis:

Pursuant to the California Environmental Quality Act (CEQA) and the City of Los Banos Environmental Quality Guidelines, an Initial Study was prepared to identify and assess potential environmental impacts as a result of this project. Through the Initial Study, staff determined that the project would not result in any significant adverse effects and the project can be categorically exempt pursuant to pursuant to Section 15301 (b), Existing Facility. The project involves no physical expansion of the existing Northgate Sewer Lift Station.

Fiscal Impact:

The Northgate Sewer Lift Station Emergency Power Improvements project is funded from the Waste Water Collection fund 502-432-100-733.

Reviewed by:

Attachments:

Resolution
Bid Opening Sheet
Public Notice
Contract Agreement
Project Area Map
Vanessa Portillo, Finance Director
30 RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS AUTHORIZING AWARD

OF CONSTRUCTION CONTRACT TO
STRATEGIC MECHANICAL, INC. IN THE
AMOUNT OF $266,000.18 WITH A 10%
CONTINGENCY IN THE AMOUNT OF $26,600.00

FOR THE CONSTRUCTION OF THE

NORTHGATE SEWER LIFT STATION

EMERGENCY POWER IMPROVEMENTS

PROJECT
WHEREAS, City of Los Banos Public Works Department received competitive bids on March 21, 2024 for the purpose of constructing the Northgate Sewer Lift Station Emergency Power Improvements; and
WHEREAS, the Public Works Department determined, after receiving competitive bids, that Strategic Mechanical, Inc. provided the lowest responsive and responsible bid in the amount of $266,000.18; and
WHEREAS, the Public Works Department requests the City Council authorize a 10% contingency in the amount of $26,600.00; and
WHEREAS, the Public Works Department requests the City Council authorize the City Manager to execute the Construction Contract Agreement with Strategic Mechanical, Inc. and authorize the Public Works Director/City Engineer to administer the Construction Contract including the 10% contingency; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA) and the City of Los Banos Environmental Quality Guidelines the Northgate Sewer Lift Station Emergency Power Improvements project was adequately evaluated and determined to be categorically exempt pursuant to Section 15301(b), Existing Facilities.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby accept and award the construction bid of Strategic Mechanical, Inc. in the amount of $266,000.18 with a 10% contingency in amount of $26,600.00, authorizes the City Manager to execute the Construction Contract Agreement, and authorizes the Public Works Director/City Engineer to administer the Construction Contract Agreement including the 10% contingency.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 3rd day of April 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:
31 APPROVED:

Paul Llanez, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
32 ,LOs Banos
At the Crossroads of California

BID OPENING
Construction of Northgate Sewer Lift Station Emergency Power Improvements
March 21 , 2024 - 2:00 p.m.

1. Rolfe Construction

2. PC Inc Power Solutions
~ 3. Strategic Mechanical

4. Day's Generator Service Inc.

Signed: ~ ~ -
Sara Blevins, CMC
Assistant City Clerk/HR Analyst

91.Q ~ 9'J ),:1Y1J,lo J le tre Melo
:;istrative Coordinator
$ 297,141.00
$ 299,000.00
$ 266,000.00 ¥
$ 194,835.00
Dated: March 21, 2024
33 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 NORTHGATE SEWER LIFT STATION EMERGENCY POWER IMPROVEMENTS will be received by the City of Los Banos at the office of the City Clerk until 2:00 p.m. Pacific Daylight Savings Time, March 21, 2024 and then at said office publicly opened and read aloud.

The major work consists of furnishing and installing a self-contained standby generator set including concrete foundation, electrical controls and conduits at the existing sanitary sewer lift station located at 556 Rockport Drive; in the City of Los Banos.

The time for completion shall be one hundred and fifty (150) 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: Class A.
34 Prospective bidders are required to attend a mandatory pre-bid meeting March 6, 2024. The address for the mandatory meeting is 556 Rockport Drive in Los Banos, California. The start time for the meeting is 11 :15 a.m., sharp.

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. 35 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 Strategic Mechanical, 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 "Northgate Sewer Lift Station Emergency Power Improvements Project." The work is generally described as follows:
• The major work consists of furnishing and installing a self-contained standby generator set including concrete foundation, electrical controls and conduits at the existing sanitary sewer lift station located at 556 Rockport Drive; in the City of Los Banos. • 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
36 (8) Information for Bidders
(C) Bid
(D) Bid Bond
(E) Agreement
(F) Payment Bond
(G) Performance Bond
(H) Notice of Award
(I) Notice to Proceed
(J) Change Order
(K) General Provisions
(L) Special Provisions
(M) Technical Specifications prepared by Provost & Pritchard Consulting Group entitled
"Northgate Sewer Lift Station Emergency Power Improvements", dated January 31, 2024.
(N) Drawings prepared by Pezzoni Engineering Inc. numbered 1 through 3. (0) Addenda No. 1, dated March 18, 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 considered proprietary information. The Owner will treat all information 37 submitted in a bid as available for public inspection once the Owner has selected a contractor. If you believe that you have a legally justifiable basis under the California Public Records Act (Government Section 6250 et. seq.) for protecting the confidentiality of any information contained within your bid, you must identify any such information, together with the legal 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:

Title:

By:

Title:
- - --------- ----- Authorized Representative of Owner
(City)
----------------
---------------- Authorized Representative of
Contractor
----------------
(Attach NotariZed Acknowledgement for Authorized Representative of Contractor) 38 39

THIS PAGE IS INTENTIONALLY LEFT BLANK
40 TO:

FROM:

DATE:

LOsBanos
At tire Crossroads of California
Agenda Staff Report
Mayor & City Council Members
Charles Bergson, P.E., Public Works
April 3, 2024 /
TYPE OF REPORT: Consent Agenda
SUBJECT: Authorizing Award of Construction Contract to Rolfe Construction, Inc. in the amount of $617,158.00, with a 10% contingency in the amount of $61 , 715. 00 for the construction of the Meadowlands Wet Well Replacement and Bypass
Recommendation:

That the City Council adopts the Resolution to award the Meadowlands Wet Well Replacement and Bypass project to Rolfe Construction, Inc., and authorize the City Manager to execute the Construction Contract Agreement in the amount of $617,158.00.

Staff is requesting a 10% contingency of $61,715.00. The administration of this contract, including the 10% contingency, is to be performed by the Public Works Director/City Engineer.

Background:

The existing Meadowlands Sewer Lift Station is aging and requires higher than normal maintenance. Repetitive callouts for staff response to make emergency repairs after hours has increased the cost of maintenance. Staff has determined that the replacement of this station will provide a more reliable system, reduce maintenance costs, and reduce the risk or a sewer system overflow, which is reportable to the State Water Board.

Improvements will include furnishing and installing a pumping bypass and valve vault and standby generator with associated concrete pads, and replacing the wet well of an existing sanitary sewer lift station located at 2454 San Luis Street; in the City of Los Banos. Improvements will include the removal of an existing wet well, sewer pipelines, electrical controls, conduit and appurtenances. The installation of a wet well, onsite piping, generator, installation of protective lining to wet well, temporary sewer bypass pumping as required, minor concrete and asphalt above proposed underground improvements.
41 Discussion:

Staff enlisted the services of Provost & Pritchard Consulting Group to design and prepare bid documents for the project. Staff released the project for advertisement on February 21, 2024. The bid opening was held on March 21, 2024. The Public Works Department, through the office of the City Clerk, received two (2) bids from the following contractors:

Rolfe Construction, Inc.

James C. Cushman, Inc.

From Atwater, CA
From Goleta, CA
$617,158.00
$1,246,530.00
Staff reviewed the bid proposal for completeness. Rolfe Construction, Inc. submitted the lowest responsive and responsible bid for the project.

Staff is recommending a 10% contingency to be made available for the project. The administration of the contract, including the 10% contingency, is to be performed by the Public Works Director/City Engineer.

Environmental Analysis:

Pursuant to the California Environmental Quality Act (CEQA) and the City of Los Banos Environmental Quality Guidelines, an Initial Study was prepared to identify and assess potential environmental impacts as a result of this project. Through the Initial Study, staff determined that the project would not result in any significant adverse effects and the project can be categorically exempt pursuant to pursuant to Section 15301(b), Existing Facility. The project involves no physical expansion of the existing Meadowlands Sewer Lift Station.

Fiscal Impact:

The Meadowlands Wet Well Replacement and Bypass project is funded from the Waste Water Collection fund 502-432-100-733.

Attachments:

Resolution
Bid Opening Sheet
Public Notice
Contract Agreement
Project Area Map
Vanessa Portillo, Finance Director
42 RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS AUTHORIZING AWARD

OF CONSTRUCTION CONTRACT TO ROLFE
CONSTRUCTION, INC. IN THE AMOUNT OF
$617,715.00 WITH A 10% CONTINGENCY IN THE
AMOUNT OF $61,715.00 FOR THE

CONSTRUCTION OF THE MEADOWLANDS WET

WELL REPLACEMENT AND BYPASS PROJECT
WHEREAS, City of Los Banos Public Works Department received competitive bids on March 21, 2024 for the purpose of constructing the Meadowlands Wet Well Replacement and Bypass project; and
WHEREAS, the Public Works Department determined, after receiving competitive bids, that Rolfe Construction, Inc. provided the lowest responsive and responsible bid in the amount of $617,715.00; and
WHEREAS, the Public Works Department requests the City Council authorize a 10% contingency in the amount of $61,715.00; and
WHEREAS, the Public Works Department requests the City Council authorize the City Manager to execute the Construction Contract Agreement with Rolfe Construction, Inc. and authorize the Public Works Director/City Engineer to administer the Construction Contract including the 10% contingency; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA) and the City of Los Banos Environmental Quality Guidelines the Meadowlands Wet Well Replacement and Bypass project was adequately evaluated and determined to be categorically exempt pursuant to Section 15301 (b ), Existing Facilities.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby accept and award the construction bid of Rolfe Construction, Inc. in the amount of $617,158.00 with a 10% contingency in amount of $61,715.00, authorizes the City Manager to execute the Construction Contract Agreement, and authorizes the Public Works Director/City Engineer to administer the Construction Contract Agreement including the 10% contingency.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 3rd day of April 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:
43 APPROVED:

Paul Llanez, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
44 LOs Banos
At 1he Crossroads of California

BID OPENING
Construction of Meadowlands Wet Well Replacement and Bypass March 21 , 2024 - 2:00 p.m.
1 . Rolfe Construction

2. James C. Cushman, Inc.

Signed: _.:::::~~~~~__::::::.__:_ ___ _
Sara Blevins, CMC
Assistant City Clerk/HR Analyst
~ De'tf:ioJi.Mt¼
Administrative Coordinator
$ 617,158.00
$ 1,246,530.00
Dated: March 21, 2024
45 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 MEADOWLANDS WET WELL REPLACEMENT AND BYPASS will be received by the City of Los Banos at the office of the City Clerk until 2:00 p.m. Pacific Daylight Savings Time, March 21, 2024, and then at said office publicly opened and read aloud.

The major work consists of furnishing and installing a pumping bypass and valve vault and standby generator with associated concrete pads, and replacing the wet well of an existing sanitary sewer lift station located at 2454 San Luis Street; in the City of Los Banos.

Improvements will include the removal of an existing wet well, sewer pipelines, electrical controls, conduit and appurtenances. The installation of a wet well, onsite piping, generator, installation of protective lining to wet well, temporary sewer bypass pumping as required, minor concrete and asphalt above proposed underground improvements.

The time for completion shall be one hundred and fifty (150) 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 46 bond is enclosed therewith.

The successful bidder of this project shall have the following current and active California State Contractor's License at the time of the submission of the bid and throughout the duration of the contract: Class A.

Prospective bidders are required to attend a mandatory pre-bid meeting March 6, 2024. The address for the mandatory meeting is 2454 San Luis Street in Los Banos, California. The start time for the meeting is 10:00 a.m., sharp.

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. 47 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 Rolfe Construction 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 "Meadowlands Wet Well Replacement and Bypass Project." The work is generally described as follows:
• The major work consists of furnishing and installing a pumping bypass and valve vault and standby generator with associated concrete pads, and replacing the wet well of an existing sanitary sewer lift station located at 2454 San Luis Street; in the City of Los Banos. Improvements will include the removal of an existing wet well, sewer pipelines, electrical controls, conduit and appurtenances. The installation of a wet well, onsite piping, generator, installation of protective lining to wet well, temporary sewer bypass pumping as required, minor concrete and asphalt above proposed underground improvements.
• 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. 48 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
(8) Information for Bidders
(C) Bid
(D) Bid Bond
(E) Agreement
(F) Payment Bond
(G) Performance Bond
(H) Notice of Award
(I) Notice to Proceed
(J) Change Order
(K) General Provisions
(L) Special Provisions
(M) Technical Specifications prepared by Provost & Pritchard Consulting Group entitled
"Meadowlands Wet Well Replacement and Bypass", dated January 31 , 2024.
(N) Drawings prepared by Provost & Pritchard Consulting Group numbered 1 through 8.
(0) Addenda No. 1, dated March 18, 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. 49 E. All bids become property of the Owner. All bids, including the accepted bid and any subsequent contract become public records per the requirements of the California Government Code, Sections 6250-6270, "California Public Records Act". Proprietary material must be clearly marked as such. Pricing and service elements of the successful bid are not consider proprietary information. The Owner will treat all information submitted in a bid as available for public inspection once the Owner has selected a contractor. If you believe that you have a legally justifiable basis under the California Public Records Act (Government Section 6250 et. seq.) for protecting the confidentiality of any information contained within your bid, you must identify any such information, together with the legal 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
By:

Title:
- - - ----- -------- Authorized Representative of Owner (City)
50 By:

Date
Title:
(Seal if Corporation)
- ------------- Authorized Representative of
Contractor
--------------
{Attach NotariZed Acknowledgement for Authorized Representative of Contractor) 51 52
LOsBanos
Ar the Crossroads o.f California
Agenda Staff Report
TO: Mayor & City Council Members
FROM:

DATE: April 3 , 2024
TYPE OF REPORT: Consent Agenda
SUBJECT: Authorizing Award of Bid for the Purchase of Two (2) 2023 Chevrolet Traverses
Recommendation:

That the City Council adopts the Resolution to award the bid for the purchase of Two (2) 2023 Chevrolet Traverses to Greenwood Chevrolet in the amount of $81,228.74; and authorize a purchase order to be issued to Greenwood Chevrolet in the amount of $81.228.74 for the purchase of a Two (2) 2023 Chevrolet Traverses.

Discussion:

In connection with the 2023-2024 Fiscal Year Budget, the City Council approved the City's Capital Plan which included the purchase of two mid-size SUV's for its fleet. Bid documents for the purchase of Two (2) New 2023/2024 Chevrolet Traverses were released on Thursday, February 29, 2024. A public notice was advertised on Thursday, February 29, 2024 in the Merced Sunstar. The bid opening occurred on Thursday, March 14, 2024. The Public Works Department, through the office of City Clerk, received two (2) sealed bids. The following dealerships responded to the City's invitation:

Santos Ford
Greenwood Chevrolet
$95,500.00
$81,228.74
After review of the submitted bid documents, it was determined that Greenwood Chevrolet supplied a responsive and responsible bid. This dealership has the Traverses in their inventory and they are available for delivery as soon as the purchase order is issued; 53 therefore, staff is requesting awarding the purchase order to Greenwood Chevrolet of their total bid price in the amount of $81,228.74.

Once the new SUV's are put in service, an older 2007 SUV with 90,000 miles will be prepared for public auction. Maintenance costs, local driving miles, and reliability contribute to the decision of this replacement. The other SUV will be used by Ad min staff to attend meetings, trainings and conferences.

Fiscal Impact:

Funds have been allocated and assigned in the 2023-2024 Fiscal Year budget for this purchase within the General Fund Admin Vehicle account 100-410-100-750.

Reviewed by:

Josh Pinh
Attachments:

Resolution
Public Notice
Bid Opening Sheet
Fiscal Budget Sheet
SUV Sample Picture
Vanessa Portillo, Finance Director
54 RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF LOS BANOS AWARDING THE
BID FOR THE PURCHASE OF TWO (2) NEW
2023 CHEVROLET TRAVERSES; AND

AUTHORIZE TO ISSUE A PURCHASE ORDER
WHEREAS, the City of Los Banos has the responsibility to procure, manage, and maintain the City's fleet; and
WHEREAS, the City of Los Banos received sealed bids for the purchase of Two (2) 2023 Chevrolet Traverses that were officially opened on Thursday, March 14, 2024; and
WHEREAS, it was determined that Greenwood Chevrolet provided a responsive and responsible bid of $81,228.74.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby accept the bid of $81,228.74 from Greenwood Chevrolet for the purchase of two (2) 2023 Chevrolet Traverses; and authorize to issue the purchase order.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 3rd day of April 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
55 2/27/24, 12:30 PM Adportal Self Service Advertising Confirmation THANK YOU for your legal submission!
Your legal has been submitted for publication. Below is a confirmation of your legal placement. You will also receive an email confirmation.

Order Number:

IPL0161882
Order Status:

Submitted
Classification:

ORDER DETAILS
Legals & Public Notices
Package:

MER - Legal Ads 1x
Final Cost:
$120.84
Payment Type:

Account Billed
User ID:

IPL0023386

ACCOUNT INFORMATION

CITY OF LOS BANOS - CITY HALL - FINANCE IP
520 J STREET
LOS BANOS, CA 93635
209-827-7000
[email protected]

CITY OF LOS BANOS - CITY HALL - FINANCE

TRANSACTION REPORT
Date
February 27, 20241:30:11 PM EST
Amount:
$120.84
SCHEDULE FOR AD NUMBER IPL01618820
February 29, 2024
Merced Sun-Star Print
PREVIEW FOR AD NUMBER IPL01618820
INVrTATION FOR SEALED BIDS

CITY OF LOS BANOS

PUBLIC WORKS DEPARTMENT
411 Madison Avenue
Los Banos, CA 93635
(209) 827-7056
NOTICE IS HEREBY GNEN that the LOS BANOS PUBLIC WORKS DEPARTMENT {herein called the "Owner") invites and will receive sealed bids up to the hour of 2:00 p.m. Pacific Daylight Savings Time (PDT) on fflursday, Man:h 14, 2024 for the purchase of two (2) New 2023/2024 Model Chevrolet Traverses At said time, sealed Bid Proposal (herein called the "Bid") will be publicly opened and read aloud in the City of Los Banos Council Chambers by the office of the City Clerk at:

Los Banos City Hall
520 "J" Street
Los Banos, California 93635
Questions regarding the Bid Documents are to be directed to Dan Bronson, Public Works Fleet Coordinator, by email at [email protected].

Bids shall be submitted only on forms provided in the Bid Packet. Bids shall be in the hands of the City Clerk of the City of Los Banos, 520 J Street, Los Banos, California, 93635 on or before the hour of 2 :00 p.m. PDT on fflursdav, Man:h 14, 2024. No late Bids will be accepted and will be returned unopened. No oral, telegraphic, electronic, facsimile, or telephone bid subrnittals or modifications will be considered. Bids received after the bid submittal deadline will be rejected and returned to the Bidder unopened.

The Bid Proposal forms can be obtained from the City of Los Banos website at www.losbanos.org.

The City of Los Banos reseives the right to reject any and/or all Bids received. woooooooo
Publication Dates
« Click here to print a P-rinter friencll:Y. version »
https://placelegal.mcclatchy.com/legals/mercedlhome/confirmation.html?id= 157189&returnto= 111 56 LOs Banos
,\t tlu· Cmssroatls (f Ct1lifornia

BID OPENING
Purchase of Two (2) New 2023/2024 Model Chevrolet Traverses March 14, 2024- 2:00 p.m.

1. Santos Ford

2. Greenwood Chevrolet
Signed~~
Sara Blevins, CMC
Assistant City Clerk/HR Analyst
Carlos Granillo
Public Works Operations Manager
$ 95,500.00
$ 81,228.74
Dated: March 14, 2024
57 l 00-410-100-101
100-410-100-l 02
100-410-100-103
100-410-100-120
100-410-100-121
100-410-100-203
100-410-100-205
100-410-100-231
100-410-100-232
100-410-100-233
100-410-100-236
100-410-100-23 7
100-410-100-23 8
I 00-410-100-239
100-410-100-240
100-410-100-250
100-410-100-251
100-410-100-252
100-410-100-25 3
100-410-100-257
100-410-100-259
100-410-100-260
100-410-100-262
100-410-100-264
100-410-100-273
100-410-100-274
100-410-100-295
100-410-100-300
100-410-100-720
l 00-410-100-740
I 00-410-100-750
100-410-100-752
100-410-100-770
100-410-100-881
City of Los Banos
Administration
2023-2024
Description
Salaries
Part Time
Overtime
Benefits
Benefits-PERS
Personnel Services
Equipment Repair & Maintem
Facility Maintenance
Professional Services
Service Charges
Consulting Services
Medical Services
Recruitment
Technical Services
Elections
I. T. Services
Insurance
Memberships & Dues
Communications
Advertising
Travel & Training
Meetings & Events
Office Supplies
Uniform Expenses
Electricity & Gas
Special Departmental Exp.

Books & Periodicals
Settlement
Cash Over/Under
Supplies & Services
Building & Structures
Miscellaneous Equipment
Vehicles
Communication Equipment
Computer Equipment
Capital Outlay
Interest - Leases/Loans
2020-2021
Actual
79 408,367
0 1
303,065
117,996
829,429
10,716
1,789
217,501
38,314
15,057
0 5,452
0 5,663
23,959
19,821
45,298
1,086
1,509
3,931
64 29,176
34 30,082
5,763
0 0
(35)
455,179
0 84,932
0 0
0 84,932
2,410
2021-2022
Actual
365,953
0 84
287,187
119,122
772,345
11,323
3,421
259,565
38,949
1,236
3 616
0 0
18,278
25,042
51,811
2,775
2,263
9,599
999
30,205
28 31,368
12,132
687
0 (14)
500,286
0 0
0 1,208
32,794
34,002
1,866
2022-2023
Estimated
399,008
0 700
318,215
85,500
803,423
12,750
38,000
329,034
42,000
0 0
5,685
0 8,774
23,915
30,981
72,566
3,013
1,890
10,961
4,525
40,000
42 45,405
7,000
475
1,685,000
0 2,362,016
25,000
0 0
0 20,821
45,821
1,323
2023-2024
Adopted
527,847
0 500
358,232
130,474
1,017,053
29,450
206,500
345,180
44,500
50,000
100
8,000
47,500
0 27,436
37,153
86,300
3,600
2,100
28,908
17,000
42,000
50 49,500
45,000
1,000
0 0
1,071,277
25,000
200,000
120,000
0 72,161
417,161
733
58 Administration (continued)
7~0-VEHTCLES: Expenses related to purchase of 2 mid-sized SUV's ($120,000 - assigned !funding).
770-COMPUTER EQUIPMENT: Expenses related to ERP (Tyler Software) project ($71,385) and VPN Project ($776)

DEBT SERVICE
881-INTEREST LEASE/LOANS: Interest payment on the refinance of the City Hall/Fire Station C.O.P. & 2002 Land Lease Bond as an inter-fund loan from the Water Fund.

CONTINGENCY
900-CONTINGENCY: Unexpected and unforeseen costs associated with Administration. 82 59
60 TO:

FROM:

DATE:

LOsBanos
Al the Crossroads of California
Agenda Staff Report
Mayor & City Council Members
Charles Bergson, P.E., Public Works Directo
April 3 , 2024
TYPE OF REPORT: Consent Agenda
SUBJECT: Authorizing Award of Bid for the Purchase of a 2024 Chevrolet Suburban
Recommendation:

That the City Council adopts the Resolution to award the bid for the purchase of a 2024 Chevrolet Suburban to Greenwood Chevrolet in the amount of $67,478.39; and authorize a purchase order to be issued to Greenwood Chevrolet in the amount of $67,478.39 for the purchase of a 2024 Chevrolet Suburban.

Discussion:

In connection with the 2023-2024 Fiscal Year Budget, the City Council approved the City's Capital Plan which included the purchase of a full-size SUV for its fleet. Bid documents for the purchase of a New 2023/2024 Chevrolet Suburban was released on Friday, March 1, 2024. A public notice was advertised on Friday, March 1, 2024 in the Merced Sunstar.

The bid opening occurred on Thursday, March 14, 2024. The Public Works Department, through the office of City Clerk, received two (2) sealed bids. The following dealerships responded to the City's invitation:

Santos Ford
Greenwood Chevrolet
$59,000.00
$67,478.39
After review of the submitted bid documents, it was determined that only Greenwood Chevrolet dealership was able to meet all the specifications outlined in the bid package; therefore, making their bid the responsive and responsible bid. The Suburban is part of their inventory and is available for delivery as soon as the purchase order is issued; 61 therefore, staff is requesting awarding the purchase order to Greenwood Chevrolet of their total bid price in the amount of $67,478.39.

This vehicle will be utilized primarily for travel and training purposes. The Community and Economic Development Department attends various trade shows and the Planning Commission Academy at various locations throughout the state and the large SUV is necessary to accommodate seating and storage. This single SUV will eliminate the need to take 2 vehicles to events.

Fiscal Impact:

Funds have been allocated in the 2023-2024 Fiscal Year budget for this purchase within the General Fund Community and Economic Development Vehicle account 100-419-120- 750.

Reviewed by:

Josh p·
Attachments:

Resolution
Public Notice
Bid Opening Sheet
Fiscal Budget Sheet
SUV Sample Picture
Vanessa Portillo, Finance Director
62 RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF LOS BANOS AWARDING THE
BID FOR THE PURCHASE OF A NEW 2024
CHEVROLET SUBURBAN; AND AUTHORIZE

TO ISSUE A PURCHASE ORDER
WHEREAS, the City of Los Banos has the responsibility to procure, manage, and maintain the City's fleet; and
WHEREAS, the City of Los Banos received sealed bids for the purchase of a 2024 Chevrolet Suburban that were officially opened on Thursday, March 14, 2024; and WHEREAS, it was determined that Greenwood Chevrolet provided a responsive and responsible bid of $67,478.39.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby accept the bid of $67,478.39 from Greenwood Chevrolet for the purchase of a 2024 Chevrolet Suburban; and authorize to issue the purchase order.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 3rd day of April 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
63 2'28/24, 12:50 PM Adportal Self Service Advertising Confirmation THANK YOU for your legal submission!
Your legal has been submitted for publication. Below is a confirmation of your legal placement. You will also receive an email confirmation.

Order Number:

IPL0162206
Order Status:

Submitted
Classification:

ORDER DETAILS
Legals & Public Notices
Package:

MER - Legal Ads lx
Final Cost:
$113.60
Payment Type:

Account Billed
User ID:

IPL0023386

ACCOUNT INFORMATION

CITY OF LOS BANOS - CITY HALL - FINANCE IP
520 J STREET
LOS BANOS, CA 93635
209-827-7000
[email protected]

CITY OF LOS BANOS - CITY HALL - FINANCE

TRANSACTION REPORT
Date
February 28, 2024 1:50:27 PM EST
Amount:
$113.60
SCHEDULE FOR AD NUMBER IPL01622060
March 1, 2024
Merced Sun-Star Print
PREVIEW FOR AD NUMBER IPL01622060

INVITATION FOR SEALED BIDS

CITY OF LOS BANOS PUBLIC WORKS DEPARTMENT
411 Madison Avenue
Los Banos, CA 93635
(209) 827-7056
NOTICE IS HEREBY GIVEN that the CITY OF LOS BANOS (herein called the "C>.vner") invites and will receive sealed bids up to the hour of 2:00 pm. Pacific Daylight Savings Time (PDn on Thursday, March 14, 2024 for the purchase of one (1) New 2023/2024 Model SuburbanMukon XL Utility Vehicle. At said time, sealed Bid Proposal (herein called the "Bidj will be publicly opened and read aloud in the City of Los Banos Council Chambers by the office of the City Clerk at:

Los Banos City Hall
520 "J" Street
Los Banos, Callfomla 93635
Questions regarding the Bid Documents are to be directed to Dan Bronson, Public Works Fleet Coordinator, by email at [email protected].

Bids shall be submitted only on forms provided in the Bid Packet. Bids shall be in the hands of the City Clerk of the City of Los Banos, 520 J Street, Los Banos, California, 93635 on or before the hour of 2 :00 p.m. PDT on Thursd111y1 March l4, iQi~- No late Bids will be accepted and will be returned unopened. No oral, telegraphic, electronic, facsimile, or telephone bid submittals or modifications will be considered. Bids received after the bid submittal deadline will be rejected and returned to the Bidder unopened.

The Bid Proposal forms can be obtained from the City of Los Banos website at www.losbanos.org.

The City of Los Banos reserves the right to reject any and/or all Bids received. woooooooo
Publication Dates
< < Click here to P-rint a nrinter friendly_ version > > https://placelegal.mcclatchy.com/legals/rnerced/home/confirmation.html?id=157510&returnto= 1/1 64 LOs Banos
At tlic Crossroads of California

BID OPENING
Purchase of One {1) New 2023/2024 Model SuburbanNukon XL Utility March 14, 2024 - 2:00 p.m.

1. Santos Ford

2. Greenwood Chevrolet
Signed:~~'
Sara Blevins, CMC
Assistant City Clerk/HR Analyst
Car osranillo
Public Works Operations Manager
$ 59,000.00
$ 67,478.39
Dated: March 14, 2024
65 Account Number
100-419-120-101
100-419-120-103
100-419-120-120
100-419-120-121
100-419-120-231
100-419-120-238
100-419-120-251
100-419-120-257
100-419-120-260
100-419-120-267
100-419-120-269
100-419-120-270
100-419-120-273
I 00-4 J 9-I 20-750
City of Los Banos
Community & Economic Development
Housing Division
2023-2024
Description
2020-2021 2021-2022
Actual Actual
Salaries 0 0
Overtime 0 0
Benefits 0 0
Benefits-PERS 0 0
Personnel Services 0 0
Professional Services 0 0
Technical Services 0 0
Memberships & Dues 0 0
Travel & Training 0 0
Office Supplies 0 0
General Material & Supplies 0 0
Housing Development Projects 0 0
Special Programs 0 0
Special Activities 0 0
Supplies & Services 0 0
Vehicles 0 0
Capital Outlay 0 0
Total CEDD Housing Division 0 0
103
2022-2023 2023-2024
Estimated Adopted
0 175,453
0 3,500
0 118,159
0 14,036
0 311,148
0 5,000
0 2,000
0 1,000
0 5,000
0 1,200
0 2,500
0 35,000
0 23,500
0 1,200
0 76,400
0 75 .00D
0 75,000
0 462,548
66 Community and Economic Development
-Housing

SERVICES & SUPPLIES
231-PROFESSIONAL SERVICES: Expense for consultants for housing and mental health and feasibility studies.
238-TECHNICAL SERVICES: Expense associated with consultant for medication assisted treatment.
251-MEMBERSIDP & DUES: Expenses related to license fee for Homeless management information system required by HUD.
267-GENERAL MATERIAL & SUPPLIES: Expense associated with outreach supplies - backpacks, water, hygiene packs and other related items. 269-HOUSING DEVELOPMENT: Expenses related to Homekey Project. 273-SPECIAL DEPARTMENTAL EXPENSE: Costs associated with landlord engagement supplies.

CAPITAL OUTLAY
750-VEHICLES: Expenses related to the purchase o a housing epartment vehicl . 104
67 68
TO:

FROM:

DATE:

LOsBanos
Al tl1e .rossroacls of California
Agenda Staff Report
Mayor Llanez and City Council Members
Stacy Souza Elms, Community and Economic Development Directo~ April 3, 2024
TYPE OF REPORT: Public Hearing
SUBJECT: To Receive Public Comment and Consideration of Annexation No. 12 to the City of Los Banos Community Facilities District (CFO) No. 2002-01 (Public Safety Services)
Recommendation:

Staff is recommending the City Council open the public hearing and receive public testimony and property owner protests for proposed Annexation No. 12 to the Community Facilities District No. 2002-01 (Public Safety Services) and the authorization to levy a special tax within the territory proposed to be included in the District.

1. Adopt Resolution No. __ , calling a special election to levy a special tax within the area proposed to be annexed to Community Facilities District No. 2002-01 (Public Safety Services) to the qualified electors.

2. Adopt Resolution No. __ , declaring the results of the special election held on April 3, 2024, for Annexation No. 12 to Community Facilities District No. 2002-01 (Public Safety Services).

Background:

On February 21, 2024, the City Council, by Resolution No. 6734, adopted a Resolution of Intention to annex territory to Community Facilities District No. 2002-01 (CFO) to provide funding for public safety services and to schedule the required public hearing. 1 69
Proposed Annexation No. 12 consists of the following properties:
• Approximately 30 acres - a portion of Villages at Stonecreek V - Quail Meadows Vesting Tentative Tract Map #2021-01, which was approved by the Planning Commission on December 8, 2021 for 271 single family residential units. The project is located in the southwestern portion of the City and is generally located south of West Pacheco Boulevard, west of Dock Avenue, and east of the city limit line.

Discussion:

The purpose of the public hearing is to hear protest of any interested person, including taxpayers, property owners and registered voters residing within the boundaries of Annexation No. 12, may appear and be heard on any matter relating to the establishment and extent of CFO No. 2002-01, the furnishing of the facilities and services, the proposed rate and method of apportionment and the manner of collection of the special taxes. Such protest may be made orally or in writing.

At the conclusion of the public hearing, the City Council will be asked to adopt a resolution calling a special election for the qualified electors of Annexation No. 12. Staff is in receipt of the waivers of the election code time requirements with respect to the holding of the election and the election is currently scheduled for April 3, 2024. As there are less than 12 registered voters within Annexation No. 12, a landowner election will be held with each landowner having one (1) vote for each acre or portion thereof, located within the annexation boundaries. The City Council will then consider a resolution declaring the results of the special election. It is anticipated that the City Clerk will certify the levying of special taxes as approved by at least two-thirds (2/3) of the votes cast at the election.

The City Council can then find that the election was duly and validly conducted in conformity with all applicable laws, rules and regulations pertaining thereto, and that at least two-thirds (2/3) of the votes cast at the election are in favor of levying the special taxes. If adopted, the resolution will constitute the official declaration of the results of the election and will direct the City Clerk to record a Notice of Special Tax Lien in accordance with the provisions of Section 3114.5 of the California Streets and Highways Code.

Fiscal Impact:

The residential projects within proposed CFO Annexation No. 12 consist of approximately 143 residential units. Using the current Fiscal Year 2023-2024 CFO 2002-01 tax rate of $424.06, CFO Annexation No. 12 would generate approximately $60,640.58 for public safety services annually at build-out. The Maximum Annual Special Tax Rate will be escalated no more than 4 percent annually, as determined by the Consumer Price Index.

Each parcel will remain in the CFO in perpetuity or until the services financed by the CFO are no longer necessary, as determined by the City Council. The parcels within the CFO are only assessed when developed.
2 70
Vanessa Portillo, Finance Director
Attachments:

1. Resolution - Calling a special election for Community Facilities District No. 2002- 01 Exhibit A- Official Ballot

2. Resolution - Declaring special election results
Exhibit A - Official Ballot
Exhibit B - City Clerk Certificate

3. Waiver and Declaration of Consent

4. Resolution 6734 - Resolution of Intention

5. Public Hearing Notice
3 71

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72 RESOLUTION NO. __

RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS, ACTING IN ITS CAPACITY

AS THE LEGISLATIVE BODY OF COMMUNITY
FACILITIES DISTRICT NO. 2002-01 OF THE CITY

OF LOS BANOS (PUBLIC SAFETY SERVICES),

CALLING AN ELECTION REGARDING THE

ANNEXATION OF CERTAIN PROPERTY TO
COMMUNITY FACILITIES DISTRICT NO. 2002-01

OF THE CITY OF LOS BANOS (PUBLIC SAFETY

SERVICES) AND TO LEVY A SPECIAL TAX

THEREIN TO FINANCE CERTAIN PUBLIC

SAFETY SERVICES FOR SUCH COMMUNITY
FACILITIES DISTRICT ANNEXATION NO. 12
WHEREAS, the City Council (the "City Council") of the City of Los Banos (the "City"), acting as the legislative body of Community Facilities District No. 2002-01 of the City of Los Banos (Public Safety Services) (the "Community Facilities District"), pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"), has adopted its Resolution No. 6734 calling for a public hearing to consider the annexation of certain territory to the Community Facilities District, as described in Resolution No. 6734 and on the map of such territory now on file in the office of the City Clerk of the City (the "City Clerk"); and
WHEREAS, pursuant to Resolution No. 6734, notice of such public hearing was published one time in the Westside Express, at least seven (7) days before April 3, 2024, and was mailed by first class mail, postage prepaid, to the landowners within Annexation No. 12 at least 15 days prior to April 3, 2024, in accordance with the Act; and WHEREAS, there has been filed with the City Clerk the Certificate of the Registrar of Voters certifying that there are fewer than twelve registered voters within Annexation No. 12;and
WHEREAS, at the April 3, 2024, meeting all persons desiring to be heard on all matters pertaining to the proposed annexation of Annexation No. 12 to the Community Facilities District were heard, written protests, if any, were received and a full and fair hearing was held; and
WHEREAS, at the public hearing, evidence was presented to the City Council on the matters before it, and the City Council at the conclusion of the hearing is fully advised as to all matters relating to the proposed annexation of Annexation No. 12 to the Community Facilities District;
73 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LOS BANOS, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2002-01 OF THE CITY OF LOS BANOS (PUBLIC SAFETY SERVICES), AS FOLLOWS:

Section 1. Each of the above recitals is true and correct and the City Council so finds and determines.

Section 2. The City Council finds and determines that all prior proceedings had and taken by the City Council with respect to the annexation of territory to CFO are valid and in conformity with requirements of the Act.

Section 3. The public hearing has been conducted and closed . The proposed annexation described in Resolution No. 6734 has not been protested by the owners of one-half ( 1 /2) or more of the area of land presently within the Community Facilities District or the owners of one-half (1/2) or more of the area of land within the proposed Annexation No. 12 or by 50 percent or more of the registered voters, or six registered voters, whichever is more, residing within the Community Facilities District, or by any registered voters within Annexation No. 12.

Section 4. A special election is hereby called on behalf of the Community Facilities District on the proposition of annexing the Annexation No. 12 to the Community Facilities District and levying a special tax within the proposed Annexation No. 12 as set forth in the rate and method of apportionment of special tax attached as Exhibit B to Resolution No. 6437. The proposition to be presented to the qualified electors shall be substantially in the form attached hereto as Exhibit A.

Section 5. The City Council hereby determines to call a special election and to submit the proposition set forth in Exhibit A hereto to the qualified electors within the proposed Annexation No. 12. The election shall be held on April 3, 2024, subject to receipt by the City Clerk of the consent of the landowners of record in the proposed Annexation No. 12 as of the close of the April 3, 2024, public hearing to a waiver of the time limits for setting the election and a waiver of any written analysis, arguments or rebuttals as set forth in Sections 53326 and 53327 of the Government Code. The election shall be conducted on behalf of the Community Facilities District by the City Council.

Section 6. It is hereby found that there were fewer than 12 registered voters within the proposed Annexed Territory during the 90 days preceding the opening of the April 3, 2024, public hearing regarding the proposed annexation pursuant to Sections 53326 and 53339. 7 of the Government Code. The distribution of the ballot for the special election, together with all supplies and instructions necessary for the use and return of the ballot, by the City Clerk to the landowners of record within the proposed Annexed Territory as of the close of the protest hearing is hereby authorized. The landowners shall have one vote each for each acre or portion thereof that he or she owns within the Annexed Territory, as provided in Sections 53326 and 53339.7 of the Government Code and may return the ballot in person or by mail to the City Clerk not later than 6:00 p.m. on April 3, 2024 or following the closure of the election by the City Clerk, whichever occurs later. In 74 accordance with Section 53326(d) of the Government Code, the election shall be closed and the results certified by the City Clerk as soon as all qualified electors have voted.

Section 7. The proposed Annexation No. 12 shall constitute a single election precinct for the purpose of holding the election. Except as otherwise provided in the Act and this resolution, the provisions of law regulating elections of the City Council, insofar as they may be applicable, will govern the election.

Section 8. This Resolution shall take effect from and after its date of adoption.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 3rd day of April 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
75 THIS PAGE IS INTENTIONALLY LEFT BLANK
76 EXHIBIT A

OFFICIAL BALLOT
COMMUNITY FACILITIES DISTRICT NO. 2002-01 OF

THE CITY OF LOS BANOS

ANNEXATION AND SPECIAL TAX ELECTION
Annexation No. 12
April 3, 2024
Villages at Stonecreek V - Quail Meadows VTTM #2021-01
This ballot represents 30 votes
To vote, stamp a cross(+) in the voting square after the word "YES" or after the word "NO". All marks otherwise made are forbidden. All distinguishing marks are forbidden and make the ballot void.

If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City Council and obtain another.

PROPOSITION NO. A: Shall the property described in
Resolution No. 6734 be annexed into Community Facilities YES __ District No. 2002-01 of the City of Los Banos and be made subject to the levy of a special tax as provided in Resolution NO __ No. 6734 for the purposes described in Resolution No. 6734? Signature of Voter:

Date
4 77

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78 RESOLUTION NO. --

RESOLUTION OF THE CITY COUNCIL OF LOS

BANOS ACTING IN ITS CAPACITY AS THE

LEGISLATIVE BODY OF COMMUNITY
FACILITIES DISTRICT NO. 2002-01 OF THE CITY

OF LOS BANOS (PUBLIC SAFETY SERVICES)

DECLARING THE RESULTS OF A SPECIAL TAX

ELECTION AND ANNEXING CERTAIN
TERRITORY ANNEXATION NO. 12
WHEREAS, the City Council of the City of Los Banos (the "City Council") called and duly held an election on April 3, 2024, in Community Facilities District No. 2002-01 of the City of Los Banos (Public Safety Services) (the "Community Facilities District") pursuant to Resolution No. 6734 for the purpose of presenting to the qualified electors within the territory proposed to be annexed to the Community Facilities District as described in Resolution No. 6734 (the "Annexation No. 12 Territory") Proposition A attached hereto as Exhibit A; and
WHEREAS, there has been presented to the City Council a Certificate of the Clerk of the City of Los Banos (the "City Clerk") As To Election Returns, a copy of which is attached hereto as Exhibit B;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY

OF LOS BANOS, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2002-01 OF THE CITY OF LOS BANOS (PUBLIC SAFETY SERVICES), AS FOLLOWS:

Section 1. The above recitals are true and correct and the City Council so finds and determines.

Section 2. Proposition A presented to the qualified electors of the proposed Annexation No. 12 on April 3, 2024 was approved by more than two-thirds of the votes cast at said election, and Proposition A has carried. The City Council, acting as the legislative body of the Community Facilities District, is hereby authorized to levy on the Annexed Territory the special taxes described in Proposition A for the purposes described therein and to take the necessary steps to levy the special taxes authorized by Proposition A.

Section 3. The City Council hereby determines that the Annexed Territory is added to the Community Facilities District for all purposes and with full legal effect.

Section 4. The City Clerk is hereby directed to record in the Office of the County Recorder within fifteen days of the date hereof a notice of special tax lien with respect to 79 Annexation No. 12, which shall be prepared in the form required, by Streets and Highways Code Section 3114.5.

Section 5. This Resolution shall take effect from and after its date of adoption.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 3rd day of April 2024, by Council Member __ _ who moved its adoption, which motion was duly seconded by Council Member __ _ and the Resolution adopted by the following vote:

AYES:

NOES:

ABSENT:

APPROVED:

Paul Llanez, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
2 80

EXHIBIT A

OFFICIAL BALLOT
COMMUNITY FACILITIES DISTRICT NO. 2002-01 OF

THE CITY OF LOS BANOS

ANNEXATION AND SPECIAL TAX ELECTION
Annexation No. 12
April 3, 2024
Villages at Stonecreek V - Quail Meadows VTTM #2021-01
This ballot represents 30 votes
To vote, stamp a cross(+) in the voting square after the word "YES" or after the word "NO". All marks otherwise made are forbidden. All distinguishing marks are forbidden and make the ballot void.

If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City Council and obtain another.

PROPOSITION NO. A: Shall the property described in
Resolution No. 6734 be annexed into Community Facilities YES __ District No. 2002-01 of the City of Los Banos and be made subject to the levy of a special tax as provided in Resolution NO __ No. 6734 for the purposes described in Resolution No. 6734? Signature of Voter:

Date
81 PETITION TO THE CITY COUNCIL OF THE CITY OF LOS

BANOS REQUESTING INSTITUTION OF PROCEEDINGS FOR

THE ANNEXATION OF TERRITORY TO COMMUNITY
FACILITIES DISTRICT NO. 12 (PUBLIC SAFETY SERVICES)

1. The undersigned (the "Owner") is the owner of the land depicted in Exhibit A hereto, which portion is described in Exhibit B hereto (the "Property").

2. The owner requests that the City Council of the City of Los Banos (the "Council") institute proceedings to annex the Property to the City of Los Banos Community Facilities District No. 12 (Public Safety Services) (referred to herein as the "District") pursuant to Chapter 2.5 (commencing with Section 53311), Part 1, Division 2, Title 5, of the Government Code of the State of California, commonly known as the "Mello-Roos Community Facilities Act of 1982".

3. The Owner requests that the Council call an election to annex the Property to the District and authorize the levy of the existing speciar taxes within the District on the Property.

4. The Owner further requests that the Council, as legislative body of the District, annually levy special taxes on the property.within the District to pay for the provision of police protection services, fire protection and suppression services, and first responders basic life support services.

Address where landowner(s) would like to receive
Ballots:

Assessor Parcel Number(s)
430-010-024, 026. 027, 028,
035 and 430-103-004
2440 Bert Drive. Building 200, Ste. 201
Hollister. CA 95023
Total Acreage: 70.5
Stonecreek South Partners, LP, a California
limited partnership
By:.,__;,~ _ _ _ ___;;__ ___ !_H_ 5_-;_)-0)..._)
(Signature and Date)
,/1,11 ·c,L,"' e.- l A vi J e ,... f O--. 1 U, U () rr:,.5, /4-1'1 1-- (Print Name and Title)
82 NOTICE OF PUBLIC HEARING ON INTENTION TO

ANNEX TERRITORY TO COMMUNITY FACILITIES
DISTRICT NO. 2002-01 (PUBLIC SAFETY

SERVICES) OF THE CITY OF

LOS BANOS AND TO LEVY TAXES THEREIN
NOTICE IS HEREBY GIVEN that the City Council of the City of Los Banos has adopted Resolution No. 6027 on December 5, 2018, declaring its intention to annex territory ("Annexation No. 11 ") to Community Facilities District No. 2002-01 of the City of Los Banos (the "District" or "Community Facilities District No. 2002- 01 ") pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "Act") and to levy special taxes within Annexation No. 11. Annexation No. 11 is proposed to have the boundaries depicted on the annexation map on file with the City Clerk. Resolution No. 6027 is referred to herein as the "Resolution of Intention." Capitalized terms not otherwise defined herein have the meanings set forth in the Resolution of Intention.

In the Resolution of Intention, the City Council has declared its intention to annex the territory within Annexation No. 11 to the District to levy special taxes within Annexation No. 11 for the purpose of financing certain public safety services and related expenses, including police protection services, fire protection and suppression services, and first responders basic life support services.

The Resolution of Intention establishes the rates and method of apportionment of special tax for each assessor's parcel within proposed Annexation No. 10. The Resolution of Intention proposes a maximum annual special tax for the Base Fiscal Year 2003-04 of $250 per Residential Unit of Single Family Residential Parcels, Multi-Family Residential Parcels, Duplex/Triplex Residential Parcels, Condominium/Townhouse Parcels, Mixed Use Parcels, Mobile Home Park Parcels and Non-Residential Use. The Maximum Annual Special Tax Rate will be escalated by a rate of not more than 4 percent annually thereafter, as determined by the Consumer Price Index. The Resolution of Intention proposes that the special taxes may be levied on property in Annexation No. 11 so long as required to pay (1) the administrative expenses of the District, (2) the costs and incidental expenses of providing the services described in the Resolution of Intention, and (3) for reasonably anticipated delinquent Special Taxes based on the delinquency rate for Special Taxes levied in the previous Fiscal Year. As proposed, the special tax may be levied to pay directly for the costs of the services and incidental expenses. The foregoing is only a summary of the Resolution of Intention, which is on file with the City Clerk of the City Council. Any interested party for greater detail should refer to the full text of the Resolution of Intention.
83 CITY OF LOS BANOS

PUBLIC HEARING

NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD ON FEBRUARY 6, 2019, AT THE HOUR OF 7:00 P.M., OR AS SOON THEREAFTER AS

SUCH MATTER CAN BE HEARD, AT A REGULAR MEETING OF THE CITY COUNCIL TO BE HELD IN THE CITY COUNCIL CHAMBERS LOCATED AT 520 J STREET, LOS BANOS, CALIFORNIA 93635, AT WHICH TIME THE CITY COUNCIL WILL HEAR ALL

EVIDENCE AND TESTIMONY BY ALL INTERESTED PERSONS, PROPERTY OWNERS, VOTERS AND TAXPAYERS FOR OR AGAINST (1) THE ANNEXATION OF THE TERRITORY WITHIN ANNEXATION NO.11 TO THE DISTRICT, (2) THE EXTENT OF ANNEXATION NO. 11, (3) THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION NO. 11, (4) THE FURNISHING OF THE SPECIFIED PUBLIC SERVICES, AND (5) ANY OTHER MATTERS AS SET FORTH IN THE RESOLUTION OF INTENTION.

ALL PERSONS INTERESTED, INCLUDING PROPERTY OWNERS,
TAXPAYERS AND REGISTERED VOTERS. MAY APPEAR AT THE HEARING AND

PRESENT EVIDENCE AND TESTIMONY ORALLY OR IN WRITING FOR OR AGAINST ITEMS (1) THROUGH (5) ABOVE. EACH INDIVIDUAL WISHING TO SPEAK WILL BE LIMITED TO A THREE MINUTE ORAL PRESENTATION. ANY PROTEST

PERTAINING TO THE REGULARITY OR SUFFICIENCY OF THE PROCEEDINGS RELATING TO THE PROPOSED ISSUES DESCRIBED IN ITEMS (1) THROUGH (5)

ABOVE MUST BE IN WRITING AND SHALL CLEARLY STATE THE IRREGULARITIES

OR DEFECTS TO WHICH OBJECTION IS MADE, AND SHALL BE FILED WITH THE CITY CLERK ON OR BEFORE THE TIME SET FOR THE HEARING. IF THE OWNERS OF ONE-HALF (1/2) OR MORE OF THE AREA OF LAND WITHIN ANNEXATION NO.11 AND NOT EXEMPT FROM THE SPECIAL TAX FILE WRITTEN PROTESTS AGAINST ANY OF ITEMS (1) THROUGH (5) ABOVE, AND PROTESTS ARE NOT

WITHDRAWN SO AS TO REDUCE THE VALUE OF THE PROTESTS TO LESS THAN

A MAJORITY, THE CITY COUNCIL SHALL ABANDON THAT PORTION OF THE

PROCEEDINGS PERTAINING TO SUCH ITEM(S) AND NO FURTHER
PROCEEDINGS WITH RESPECT TO SUCH ITEM (5) SHALL BE TAKEN FOR A

PERIOD OF ONE YEAR FROM THE DATE OF THE DETERMINATION BY THE CITY COUNCIL. THE CITY COUNCIL MAY MODIFY THE PROCEEDINGS IF SUCH MAJORITY PROTESTS ARE ONLY AGAINST A SPECIFIED ISSUE.

UNDER THE ACT, THE CITY COUNCIL MAY EITHER CONCLUDE THE PUBLIC HEARING ON FEBRUARY 6, 2019, OR MAY CONTINUE THE PUBLIC HEARING TO A LATER DATE SO LONG AS THE PUBLIC HEARING IS COMPLETED WITHIN 30 DAYS. IF THE CITY COUNCIL DETERMINES TO SUBMIT FOR A VOTE THE QUESTION OF LEVYING A SPECIAL TAX WITHIN ANNEXATION NO. 11, AN ELECTION WILL BE HELD WITHIN ANNEXATION NO. 11 OF COMMUNITY FACILITIES DISTRICT NO. 2002-01 TO APPROVE THE LEVY OF THE SPECIAL TAX.

AT SUCH AN ELECTION, EACH LANDOWNER WITHIN ANNEXATION NO. 11 SHALL

BE ENTITLED TO CAST ONE VOTE FOR EACH ACRE OR PORTION THEREOF OWNED WITHIN ANNEXATION NO. 11. FOR A PROPOSITION TO BE ADOPTED FOR ANNEXATION NO. 11. TWO-THIRDS OF THE VOTES CAST AT THE ELECTION WITHIN SUCH ANNEXATION NO. 11 MUST FAVOR PASSAGE.
84 PERSONS WISHING TO PROVIDE ORAL COMMENTS ON THE DESCRIBED

PROPOSAL MAY DO SO AT THIS MEETING OR MAY PROVIDE WRITTEN COMMENTS ON THIS MATTER PRIOR TO THE PUBLIC MEETING. WRITTEN COMMENTS MAY BE SENT BY U.S. MAIL OR HAND DELIEVERED TO THE CITY OF LOS BANOS CITY HALL AT 520 "J" STREET, LOS BANOS, CALIFORNIA 93635. IF

NO COMMENTS ARE RECEIVED PRIOR TO OR ON THE ABOVE DATE, IT WILL BE ASSUMED THAT NO COMMENTS ARE BEING OFFERED. THE PUBLIC IS ALSO

INFORMED THAT SHOULD THIS MATTER, AT SOME FUTURE DATE GO TO

COURT, COURT TESTIMONY IS LIMITED TO ONLY THOSE ISSUES RAISED AT THE HEARINGS PER GOVERNMENT CODE SECTION 65009.

THE CITY OF LOS BANOS
Stacy Souza Elms
Community and Economic Development Director
85 THIS PAGE IS INTENTIONALLY LEFT BLANK
86 .LOs Banos
At the Crossroads of California
Agenda Staff Report
TO: Mayor Llanez and Members of City Council
FROM: Vanessa Portillo, Finance Director "J°?,-./1"'"'"'--' DATE: April 3,2024
SUBJECT: American Rescue Plan Act (ARPA) - Proposed Spending Plan for Remaining Unprogrammed Funds and Report of Spending to Date TYPE OF REPORT: Agenda
Recommendation:

Staff recommends that the City Council consider the adoption of a resolution approving the use of ARPA Funas.

Background:

The Department of Treasury released the final rule governing the spending guidelines for the American Rescue Plan Fiscal Recovery Funds Program. The final rule delivers broader flexibility and greater simplicity in the program and it is responsive to feedback in the comment process. The City applied for these funds under the category of Replacing Lost Public Sector Revenue. The final rule offers a standard allowance for revenue loss of $10 million, allowing recipients to select between a standard amount of revenue loss or complete a full revenue loss calculation. Recipients that select the standard allowance may use that amount - in many cases their full award - for government services, with streamlined reporting requirements.

To date, the City Council has allocated $6,528,937 in ARPA funding in the following areas:
• Premium Pay- $2,251,437
• Administration - $25,000
• RAD Card/SBA Grant Program - $1,025,000
• Tree Trimming Program - $500,000
1 87
• Invest in Technology and Equipment - $200,000
• Upgrades to city owned properties - $250,000
• Homeless Assistance Program - $202,500
• Pickleball Court- $1,000,000
• Animal Shelter Improvements - $1,000,000
• Investment in Parks - $75,000
After the approved uses, the remaining balance of available funding is $3,522,053 of which $224,053 was from interest earned on the ARPA outstanding balance. Below is a table reflecting ARPA funds received, spent-to-date, and allocated for projects:

Use of Funds
Account Number Description 21/22 22/23 23/24 Totals
206-000-334-010 ARPA Funds Received $9,826,938.00 $ - $ - $9,826,938.00 206-000-361-010 Interest Earnings 163,055.42 60,996.86 224,052.28 Total ARPA Revenue 9 .826 ,938 .00 163,055.42 60,996.86 10,050,990.28 206--410--100--101 Premium Pay - Salaries 788.400.00 933,100.00 370,500.00 2,092,000 .00 206-410-- 100--120 Premium Pay - Benefits 60,312.60 70,881 .02 28,244 .05 159,437.67 206-410--100--238 Technical Services 514,375.00 . - 514,375.00 206--410-100-231 Professional Services 225.00 103,548.24 383,547.71 487,320.95 206-410--100--232 General Material & Supplies 13,212.79 1,163.63 14,376.42 206-410--100-753 Specialized Equipment 100,228.23 47,467.55 - 147,695.78 206-410--100-720 Building & Structures 36,156.07 98,900.39 69,983 .62 205,040.08 206-410--100-273 Special Departmental Expense 2,500.00 200,000.00 . 202,500.00 206-410--100-283 SBA - 410,087.00 74413.00 484,500.00
Total APRA EXPenditures 1,502,196.90 1.877, 196.99 927,852 .01 4,307,245.90 Fund EQuitv ARPA Fund 9,826 938.00 $ 9,826,938.00 $8,487,796.52 $6,671,596.39 $ 5 743 744.38 ARPA Programs
Premium Pay Salaries & Benefits 2,251 ,437 .67 848,712.60 1,003,981 .02 398,744.05 .

Administration 25,000.00 225.00 13,212.79 1,163.63 10,398.58 RAD Card/SBA 1,025,000.00 514,375.00 410,087.00 74,413.00 26,125.00 Tree Trimming 500,000.00 - 103,548.24 383,547.71 12,904.05 Park Improvements (Colorado) 75,000 .00 . - . 75,000.00 Homeless Assistance 202,500.00 2,500.00 200,000.00 . - Pickleball 1,000,000.00 . 3,948.41 7,334.90 988,716.69 HVAC 250,000.00 36,156.07 94,951 .98 - 118,891 .95
Animal Shelter 1,000,000.00 . - 62,648.72 937,351.28
Police - Eciuioment and Technoloav 200,000.00 100,228.23 47,467.55 . 52,304 .22 Total APRA Exoenditures Proarammed 6.528.937 .67 1,502,196.90 1,877,196.99 927,852.01 2,221,691 .77 Total APRA Exoenditures UnProarammed 3,298,000.33 8,324.741 .10 6,610.599.53 5.743.744 .38 3,522,052.61 2 88
The Closeout List table reflects the City's funding allocations for the Small Business Administration program:

SBA Closeout List:

Business Name Amount
Biggins Texas BBQ $ 25,000
BK Threading & Henna Tattoo 8,000
Body Transformations 25,000
Central Hotel 25,000
Compound Grounds LLC 20,000
Courtyard Mimosas 19,000
Crossfit Valleyview 15,000
Giovanni Rodriguez Hair 15,000
Hair by Karla 7,500
IEM Innovation Engineering Modular, LLC 25,000
IOOF Mountain Brow Lodge 20,000
Jesse's Bar 20,000
LB Chamber of Commerce 25,000
League of United African American Citizens (LUAAC) 7,000 Los Banos Central Valley Geeks 10,000
Lou's Beauty Salon 15,000
Parolise Chiropractic Office 11,500
Pete's Barber Shop 25,000
RP. Communication 5,000
Rincon Bohemia 10,000
Sheen Riah 25,000
Strike Fitness, LLC 25,000
TDJ & Associates Photography 5,000
The Academy of Performing Arts & Fitness 25,000
The Fun Zone 15,000
Tony's Rendezvous 25,000
Turner Dance Explosion 25,000
Westside Elderly Care 6,000
Total SBA Grants 484,000
Ad ministration 500
Total SBA Program $ 484,500
List is by Alphabetical Order
3 89
Based on the current expenditures and Council approved allocated funds, there are $3,522,052.61 remaining in unallocated ARPA Funds. Staff recommends the following uses for the remaining unallocated funds:

Remaining ARPA Funds Recommended Spending Allocation:

Amount of ARPA UnProgrammed (interest included) 3,522,052.61 Animal Services
Pickleball Courts
Facilities HVAC Replacements
Tree Trimming
Colorado BallPark
ARPA remaining after additional programming
Fiscal Impact:
800,000.00
1,200,000.00
300,000.00
300,000.00
922,052.61
As of March 29, 2024, the City has received $9,826,938 in ARPA funding along with interest earnings of $224,053 for a total of $10,050,990 of available funds. To date, the City has expended $4,307,246 in Council approved initiatives, of which, $2,221,692 account for unspent programmed funds and $3,522,053 account for unspent unprogrammed funds. The above spending allocation list will fully exhaust any remaining ARPA funds per the US Department of Treasury's requirements.

Reviewed by:

Attachments:

Proposed Resolution
4 90
RESOLUTION NO.

A RESOLUTION OF THE CITY OF LOS BANOS AUTHORIZING

AN AMENDED SPENDING PLAN FOR THE AMERICAN RESCUE

PLAN ACT (ARPA) FUNDING
WHEREAS, on March 11, 2021, the American Rescue Plan Act of 2021 (ARPA) was signed into law making available $350 billion through the State and Local Fiscal Recovery Funds (SLFRF) to assist states, tribal governments, and local governments with the reopening and recovery from the adverse health and economic impacts caused by COVID-19; and
WHEREAS, the City of Los Banos received $9,826,938 under the State and Local Fiscal Recovery Fund, which expenditures are limited to response to the COVID-19 pandemic and its negative health and economic impacts; and WHEREAS, the City of Los Banos presented an initial spending plan according to COVID-19 eligibility for operational response funded by ARPA; and WHEREAS, the City Council of the City of Los Banos has been presented an amendment to the spending plan according to COVID-19 eligibility for operational response funded by ARPA; 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
NOW, THEREFORE, BE IT RESOLVED:

That the City Manager or his/her designee is hereby authorized to negotiate, enter into and sign contract documents and any amendments thereto relating to the ARPA programs and the amended spending plan approved by this resolution.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 3rd day of April, by Council Member ____ who moved its adoption, which motion was duly seconded by Council Member ___ and the Resolution adopted by the following vote:
91 AYES:

NOES:

ABSENT:

APPROVED:

Paul Llanez, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
92 LOsBanos , tlu· ( rossroads of ( alUo, nia

COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT
Date: March 29, 2024
Regarding: Notice of Public Hearing
Proposal: Cottage Food Operation #2024-01- 1888 Lane Ct..

NOTICE IS HEREBY GIVEN THAT a Public Hearing will be held by the Los Banos Planning Commission to consider a Categorical Exemption from the California Environmental Quality Act (CEQA) Pursuant to Section 15301, Existing Facilities, and Cottage Food Operation #2024-01 for Chalotta Wilson at 1888 Lane Ct., more specifically identified as Assessor's Parcel Number: 083-480-022.

A PUBLIC HEARING on this matter will be held at the next scheduled meeting of the Los Banos Planning Commission on Wednesday, April 10, 2024 at 6:00 p.m. in the Council Chambers of Los Banos City Hall, located at 520 "J" Street, Los Banos, California. Questions regarding the above-referenced item may be directed to Rudy Luquin, Associate Planner, at City Hall or at (209) 827-2432.

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

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

LOS BANOS
Rud ,...._,....nt~
Associate Planner
93