Cities Index.
Agenda packet

Los Banos City Council
April 17, 2024

Document
Agenda packet
Meeting
April 17, 2024
Body
Los Banos City Council
Pages
272
Original file
57.8 MB
Text extracted from the city's file for reading and search. Open the original on losbanos.org. That file is the official record.

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

CITY COUNCIL MEETING

CITY HALL COUNCIL CHAMBERS
520 J Street
Los Banos, California
APRIL 17, 2024 - 6:00 PM
live s ~ WJ Y:.Q/JIJJ.b.c. al; .......................................................... ......... https://www.youtube.com/@losbanos406 ........................................................ .

If you require special assistance to attend or participate in this meeting, please call the City Clerk's Office@ (209) 827-7000 at feast 48 hours prior to the meeting.

The City of Los Banos complies with the Americans with Disabilities Act (ADA) of 1990. * * * * * * * ** * * * * * * *
Si requiere asistencia especial para atender o participar en esta junta por favor /lame a fa oficina de fa Secretaria de fa ciudad al (209) 827-7000 a lo menos de 48 horas previas de la junta.

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

Please note: The Brown Act provides the pubifc wfth an opportunity to make pub ic comment at any public meeting. As an alternative for in-person comments, written public comment may be made by e-mail to [email protected] or delivered to the City Clerk at City Hall, 520 J Street three (3) hours prior to the scheduled time of the meeting. Comments received will not be read aloud at the meeting, but shall be distributed to the City Council via e-mail and added to the agenda packet on the:

City's website for public review. Agenda packets can be found on the City's. w~b~ite J3.t th~ follPWl09_ lin~; https://losbanos.org/categorv/city-council/ Los Banos City Council Agenda - April 17, 2024 Page 1 of4 1 1. CALL TO ORDER - April 17, 2024 6:00 PM

2. PLEDGE OF ALLEGIANCE.

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

4. CONSIDERATION OF APPROVAL OF AGENDA.

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

6. CONSIDERATION OF APPROVAL OF CONSENT AGENDA. (Items on the Consent Agenda are considered to be routine and will be voted on in one motion unless removed from the Consent Agenda by a City Council Member.) A. Check Register for #244444 - #244707 in the Amount of $2,762,625.79.

Recommendation: Approve the check register as submitted.

B. Third Quarter Investment Report for 2023/2024.

Recommendation: Accept the report as submitted.

C. City Council Resolution No. 6758 - Approving the Acceptance of a $7,500 PETCO Love Animal Welfare Organizations (AWO) Grant and Amending the Fiscal Year 2023-2024 Budget by Increasing the Appropriation Amount for Expenditures and Revenues in the Amount of $7,500.

Recommendation: Adopt the resolution as submitted.

D. City Council Resolution No. 6759 - Approving the Annual Local Transportation Fund (L TF) Claim to be Filed with the Merced County Association of Governments (MCAG) for Fiscal Year 2023-2024.

Recommendation: Adopt the resolution as submitted.

E. City Council Resolution No. 6760 - Accepting the 7th Street Ballpark Turf/Field Renovation Project as Complete and Authorizing the Filing of a Notice of Completion with the Merced County Recorder.

Recommendation: Adopt the resolution as submitted.

Los Banos City Council Agenda - April 17, 2024 Page 2 of 4 2 F. City Council Resolution No. 6761 - Accepting the Certification of Registrar of Voters of the Results of the Canvas of the March 5, 2024 Presidential Primary/Special Municipal Election Pertaining to Measure G - Shall the Offices of City Clerk and City Treasurer be Appointed & Measure H - Shall the Term of Office of Mayor be Four Years.

Recommendation: Adopt the resolution as submitted.

G. City Council Resolution No. 6762 - Awarding Contract for Design, Manufacture, Construction, and Installation of the Downtown Gateway Sign Project.

Recommendation: Adopt the resolution as submitted.

7. PUBLIC HEARING. (If you challenge the proposed action as described herein in court, you may be limited to raising only those issues you or someone else raised at the public hearing described herein or in written correspondence delivered to the City at, or prior to, the public hearing.)
A. Public Hearing - To Receive Public Comment and Consideration of a Conditional Use Permit and Categorical Exemption from the California Enviromental Quality Act (CEQA) and Conditional Use Permit #2024-02 to Allow the Use of a Type 21 Alcohol License for the Off-Sale of General Alcohol for Western Singh Stores, Inc. dba Los Banos Liquor Located within the Highway Commercial Zoning District at 947 W. Pacheco Boulevard, Suite A, APN: 431-020-002.
1) City Council Resolution No. 6763 - Finding the Proposed Project to be Categorically Exempt from the California Environmental Quality Act Pursuant to Section 15301 and Approving Conditional Use Permit #2024-02 to Allow the Use of a Type 21 Off-Sale General Alcohol License for Western Singh Stores, Inc., Located at 947 West Pacheco Boulevard, Suire A.

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

B. Public Hearing - To Receive Public Comment and Consideration of an Annual Adjustment to the Los Banos Development Impact Fee Schedule Based on the Engineering News Record Construction Cost Index. 1) City Council Resolution No. 6764 - Approving an Increase in Development Impact Fees to Reflect Increases in the Engineering News Record Construction Cost Index for 2024.

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

8. CONSIDERATION OF INITIATING PROPOSITION 218 PROCESS ADVISING

PROPERTY OWNERS AND UTILITY CUSTOMERS OF PROPOSED WATER, WASTEWATER AND SOLID WASTE RATE ADJUSTMENT BEGINNING JULY 1, Los Banos City Council Agenda - April 17, 2024 Page 3 of4 3 2024 AND APPROVE A RESOLUTION ADOPTING A REVISED BUDGET FOR FISCAL YEAR 2023-2024 AS IT PERTAINS TO EXPENDITURES.

A. City Council Resolution No. 6765 - Adopting a Revised Budget for the 2023- 2024 Fiscal Year by Increasing Expenditures as it Pertains to Costs Associated with the Prop 218 Notifications in the Amount of $15,000.

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

9. APPOINTMENT OF COMMISSIONER TO THE FOLLOWING COMMISSION:

A. Measure H Citizens' Oversight Committee - One (1) Vacancy One (1) Unexpired Term - Expiring December 31 , 2025
Recommendation: Appoint commissioner to fill the vacancy.

10. CANCELLATION OF THE REGULAR CITY COUNCIL MEETING SCHEDULED FOR WEDNESDAY, MAY 1, 2024 DUE TO THE MAY DAY FAIR.

Recommendation: Cancel the meeting as stated.

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

12. CITY MANAGER REPORT.

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

13. 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.

14. CITY COUNCIL MEMBER REPORTS.

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

15. ADJOURNMENT.

Los Banos City Council Agenda - April 17, 2024
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the m•L ~
Sara Blevins, Assistant City Clerk
Dated this 12th day of April 2024

Page 4 ends

4 CK# 244444 - # 244707 04/17/2024 $2,762,625.79
Check Report LOsBanos
Check by Date 41 tht Cross l.JaJs of Califon1i
Number Payment Date Vendor Name Payment Type Void Payment Amount 244444 03/29/2024 Agile Occupational Medicine PC Regular 230.00 244445 03/29/2024 Apex Annex Health Center, Inc. Regular 270.00 244446 03/29/2024 CSJVRMA Regular 470,S38.00
244447 03/29/2024 Elk Grove Auto Group, Inc. Regular 195,036.00 244448 03/29/2024 Gallagher Benefit Services, Inc. Regular 6,250.00 244449 03/29/2024 Liebert Cassidy Whitmore Regular 4,764.00 244450 03/29/2024 Marina Landscape, Inc. Regular 29,830.00 244451 03/29/2024 Christy McCammond Regular 77.05
244452 03/29/2024 Merced County Spring Fair Regular SO.OD 244453 03/29/2024 Merced MRI Medical Group Regular 65.00 244454 03/29/2024 Gerald "Obie" O'Brien Regular 77.14
244455 03/29/2024 O'Dell Engineering Regular 21,436.25
244456 03/29/2024 PG&E Company Regular 20,668.21
244457 03/29/2024 Pacheco High School Boys Basketball Regular 3,000.00 244458 03/29/2024 Pacheco High School Girls Basketball Regular 3,000.00 244459 03/29/2024 Perfection Painting Corp Regular 43,700.00 244460 03/29/2024 Provost and Pritchard Engineering, Inc. Regular 38,661.58 244461 03/29/2024 Reds Roofing Company Regular 20,116.00 244462 03/29/2024 SHI International Corp Regular 77.80
244463 03/29/2024 State Water Resources Control Board Regular 255.00 244464 03/29/2024 Synagro-WWT, Inc. Regular 1,072,213.82 244465 03/29/2024 Vanir Construction Management, Inc. Regular 9,545.82 244466 03/29/2024 Law Offices of William A Vaughn Regular 12,600.00 244467 03/29/2024 W.M. Lyles Co. Regular 36,979.00
244468 03/29/2024 AAA Business Supplies Regular 620.82
244469 03/29/2024 Amsoil Inc. Regular 5,997.09
244470 03/29/2024 Anthony Gomes Regular 610.65
244471 03/29/2024 Aramark Uniform Ser Inc Regular 1,622.44 244472 03/29/2024 AramarkUniform & Career Apparel Group, Inc. Regular 387.62 244473 03/29/2024 AT&T Regular 572.42
244474 03/29/2024 B Safe Playground Inspection Services, Inc. Regular 1,050.00 244475 03/29/2024 Battery Systems, Inc. Regular 328.15
244476 03/29/2024 Belkorp Ag, LLC Regular 74.69
244477 03/29/2024 Beam Insurance Administrators LLC Regular 21,003.84 244478 03/29/2024 Boot Barn Regular 694.03
244479 03/29/2024 Capital One Regular 945.16
244480 03/29/2024 CENCAL Machine & Fabrication Inc. Regular 902.04 244481 03/29/2024 Central Valley Cardiovascular Group Inc. Regular 200.00 244482 03/29/2024 Central Valley Concrete Inc. Regular 2,984.10 244483 03/29/2024 Comcast Regular 435.29
244484 03/29/2024 CPS Regular 2,461.00
244485 03/29/2024 D & D Pest Control Regular 163.00
244486 03/29/2024 Display Sales Regular 2,421.22
244487 03/29/2024 Double D Towing, LLC Regular 135.00
244488 03/29/2024 DroneSense, Inc. Regular 4,800.00
244489 03/29/2024 Electric Drives Inc Regular 156.25
244490 03/29/2024 Federal Express Corporation Regular 33.43 244491 03/29/2024 Fresno County Sherriff's Office Regular 789.28 244492 03/29/2024 Gama Sonic USA Inc. Regular 1,445.44
244493 03/29/2024 Grainger Parts Operations Regular 282.28 244494 03/29/2024 Halcyon Creek Inc. Regular 4,585.00
244495 03/29/2024 Henley Pacific, LLC Regular 61.45
244496 03/29/2024 Hillyard, Inc Regular 390.21
244497 03/29/2024 JMM Design LLC Regular 3,750.74
244498 03/29/2024 Los Banos Congregation Regular 500.00 244499 03/29/2024 Madera Carports, Inc. Regular 2,283.75 244500 03/29/2024 Mark Thomas & company. Inc. Regular 2,303.64 5 244501 03/29/2024 Marfab Inc Regular 375.09
244502 03/29/2024 McNamara Sports Inc Regular 71.41
244503 03/29/2024 Merced Chevrolet Inc. Regular 232.32
244504 03/29/2024 Merced Truck & Trailer Inc Regular 3,070.12 244505 03/29/2024 NDN International LLC Regular 33.77
244506 03/29/2024 O'Dell Engineering Regular 3,885.00
244507 03/29/2024 OSE Regular 568.44
244508 03/29/2024 David Oliveira Regular 453.50
244511 03/29/2024 O'Reilly Auto Parts Regular 1,018.81
244512 03/29/2024 Outdoor Creations, Inc .. Regular 5,818.13 244513 03/29/2024 Quality Code Publishing Regular 965.00 244514 03/29/2024 Reliance Standard Life Insurance Company Regular 16,666.32 244520 03/29/2024 Riggs Ambulance Service Regular 210.00 244521 03/29/2024 Safe T Lite of Modesto, Inc. Regular 1,788.99 244522 03/29/2024 Save Mart Supermarkets Regular 34.84
244523 03/29/2024 Sherwin Williams Co Regular 1,119.74
244524 03/29/2024 Robert & Susan Hansen Regular 1,674.75 244525 03/29/2024 SIJ Holdings, Inc Regular 667.98
244526 03/29/2024 Sorensens True Value Regular 1,761.58 244528 03/29/2024 Sorensens True Value Regular 32.36
244529 03/29/2024 The Heil CO Regular 220.00
244530 03/29/2024 Turf Star Inc. Regular 237.10
244531 03/29/2024 USA Blue Book Regular 1,411.38
244532 03/29/2024 Verizon Wireless Regular 458.12
244533 03/29/2024 Melinda Villarreal Regular 350.00
244534 03/29/2024 West Coast Arborists, Inc. Regular 8,720.00 244535 03/29/2024 West Publishing Corporation Regular 466.85 244536 03/29/2024 Windecker Inc Regular 3,805.28
244537 03/29/2024 Young's Air Conditioning Regular 1,142.05 244538 03/29/2024 Jaime Guzman Regular 35.99
244539 03/29/2024 Julio Sanchez Regular 49.29
244540 03/29/2024 Century 21 Select Real Estate, Geneva Brett Regular 46.03 244541 03/29/2024 Atulya Yogeshwar Regular 49.29
244542 03/29/2024 Phu Nguyen Regular 52.57
244543 03/29/2024 Daniel Mitchell Regular 55.85
244544 03/29/2024 UC Construction Regular 164.36
244545 03/29/2024 UC Construction Regular 164.36
244546 03/29/2024 Kendra Reyes Regular 105.00
244547 03/29/2024 Lili Yao Regular 111.54
244548 03/29/2024 Arturo Flores Regular 109.70
244549 03/29/2024 Deborah Rico Regular 121.37
244550 03/29/2024 Craig & Craig Prof. Services, Gina Regular 105.00 244551 03/29/2024 D.R. Horton Regular 177.83
244552 03/29/2024 D.R. Horton Regular 180.99
244553 03/29/2024 Century Communities Regular 177.83
244554 03/29/2024 Century Communities Regular 178.62
244558 04/05/2024 Aflac-Customer Service Regular 235.68 244559 04/05/2024 AFSCME District Council 57 Regular 1,557.53 244560 04/05/2024 Empower Annuity Ins. Co of America Regular 1,692.19 244561 04/05/2024 Empower Annuity Ins. Co of America Regular 2,947.00 244562 04/05/2024 Los Banos Police Assn Regular 1,085.00 244563 04/05/2024 Los Banos Police Assn. Regular 245.00 244564 04/05/2024 Merced County Sheriff Regular 200.00
244565 04/05/2024 Merced County Sheriff Regular 650.14
244566 04/05/2024 Mission5quare Regular 341.65
244567 04/05/2024 MissionSquare Regular 8,887.50
244568 04/05/2024 Nationwide Retirement Solutions Regular 4,105.33 244569 04/05/2024 Professional Fire Fighter of Los Banos Local 4703 Regular 1,050.00 244570 04/05/2024 State Disbursement Unit Regular 1,350.00 244571 04/05/2024 Apex Annex Health Center, Inc. Regular 263.00 244572 04/05/2024 Sara Blevins Regular 462.50
244573 04/05/2024 Home Depot Regular 8,921.60
244577 04/05/2024 Lucille L Mallonee Regular 10.00
244578 04/05/2024 Merced County Clerk Regular 50.00
244579 04/05/2024 Merced County Clerk Regular 50.00
244580 04/05/2024 Merced County Clerk Regular 50.00
244581 04/05/2024 Merced MRI Medical Group Regular 50.00 244582 04/05/2024 Samuel Morales Regular 2,486.25
244583 04/05/2024 Nossaman, LLP Regular 2,180.00
6 244584 04/05/2024 Jacob Sawyer Regular 224.00
244585 04/05/2024 SHI International Corp Regular 77
.80
244586 04/05/20
24 SIJ Holdings, Inc Regular 812
.78
244587 04/05/2024 Tiger Corporation Regular 55
,024.12
244588 04/05/2024 Law Offices of William A Vaughn Regular 3,988.50
244589 04/05/2024 Abbott & Kindermann, Inc. Regular
1,165.52
244590 04/05/2024 Amsoil Inc. Regular 1,680
.87
244591 04/05/2024 Henry A Anderson Jr Regular 155.00
244592 04/05/2024 Animal Damage Management, Inc. Regular 4,550.00 244595 04/05/2024 Anthony Gomes Regular 2,870.18
244596 04/05/2024 Aramark Uniform Ser Inc Regular 538.42 244597 04/05/2024 Richard Ahatonian Regular 300
.00
244598 04/05/2024 Dorothy June Baker Regular
5,607.33
244599 04/05/2024 Bruce's Tire Inc Regular 709
.78
244600 04/05/2024 Ca Dept of Justice Cashiering Unit Regular 1,978.50
244601 04/05/2024 Callander As
sociates Landscape Architecture, Inc. Regular 2,531
.18
244602 04/05/2024 CENCAL Machine & Fabrication Inc. Regular 1,134.95
244603 04/05/2024 Cintas Corporation No.2 Regular 110
.49
244604 04/05/2024 Central Valley Concrete Inc. Regular 4,402.20 244605 04/05/2024 Coffee Break Service Inc. Regular 226.08 244606 04/05/2024 DBT Transportation Services LLC Regular 1,887.00 244607 04/05/2024 Double D Towing, LLC Regular 135.00
244608 04/05/2024 Edges Electrical Group, LLC Regular 3,306 .86
244609 04/05/2024 F S Rod Inc Regular 2,103.93
244610 04/05/2024 Jason
D. Goins Regular
1,366.04
244611 04/05/2024 Halcyon Creek Inc. Regular 90
.92
244612 04/05/2024 Henley Pacific, LLC Regular 146
.93
244613 04/05/2024 Hilmar Lumber Inc. Regular 108
.71
244614 04/05/2024 Hillyard, Inc Regular 296
.53
244615 04/05/2024 Jerry Witt Regular 2,389.00
244616 04/05/2024 Tim J Law Regular 800
.00
244617 04/05/2024 Madera Carports, Inc. Regular 580
.63
244618 04/05/2024 Madera Uniform & Accessories, LLC Regular 808.22 244619 04/05/2024 Guido I Marquez Regular
1,480.04
244620 04/05/2024 Marfab Inc Regular 702
.28
244621 04/05/2024 Susana Mendoza Regular
1,250.00
244622 04/05/2024 Merced Chevrolet Inc. Regular 380
.25
244623 04/05/2024 Merced Truck & Trailer Inc Regular 1,281.99 244624 04/05/2024 OSE Regular 576.28
244625 04/05/2024 O'Reilly Auto Parts Regular 199.66
244626 04/05/2024 Protech Security & Electronics, Inc. Regular 552.00 244627 04/05/2024 Razzari Ford Regular 156
.77
244628 04/05/2024 Safe T lite of Modesto, Inc. Regular 2,830.25 244629 04/05/2024 Save Mart Supermarkets Regular 27.42
244630 04/05/2024 Sherwin Williams Co Regular 205
.69
244631 04/05/2024 Shr
ed-It US JV LLC Regular 232.94
244632 04/05/2024 Sor
ensens True Value Regular 144.80
244633 04/05/2024 Sorensens True Value Regular 122
.81
244634 04/05/2024 Stan
islaus Farm Supply Regular 67.44
244635 04/05/2024 Technicon Engineering Services, Inc. Regular 1,159.50
244636 04/05/2024 Samantha Alison Tova Regular 575
.00
244637 04/05/2024 United Site Services, Inc. Regular 133 .25
244638 04/05/2024 US Fueling Solutions Regular 575
.46
244639 04/05/2024 Jacqueline Amabile Regular 60
.75
244640 04/05/2024 Valley Entry Systems, Inc. Regular 683.00 244641 04/05/2024 Windecker Inc Regular 5,375
.19
244642 04/05/2024
Xerox Financial Services Regular
2,464.46
244643 04/05/2024 Young's Air Conditioning Regular 675
.00
244644 04/05/2024 Youth Evolut
ion Activites Regular
1,815.75
244645 04/05/2024 Christopher Montoya Regular 64
.11
244646 04/05/2024 John Terraza s Regular 68.95
244647 04/05/2024 Abraham & Jainamma Mathew Regular 98.44 244648 04/05/2024 Karamjeet S Bhatia Regular 193.44
244649 04/05/2024 Phillip Baker Regular 193.44
244650 04/05/2024 Louie
Tsao Regular 98.44
244651 04/05/2024 Gr
aystone Property Management Regular 10
.17
244652 04/05/2024 Alberto Alvarez Regular 72.23
244653 04/05/2024 Gabriel Tapia Bejarano Regular 115
.36
244654 04/05/2024 Joshua Jones Regular 118
.75
7 244655 04/05/2024 Daniel Maldonado Regular 105.21
244656 04/05/2024 Santiago Higareda Regular 122.14
244657 04/05/2024 Antonio Gutierrez Regular 128.90
244658 04/05/2024 MHP Builders Inc Regular 24.55
244659 04/05/2024 UC Construction Regular 24.55
244660 04/05/2024 UC Construction Regular 24.55
244661 04/05/2024 Century Communities Regular 169.91
244662 04/05/2024 Ashok Kumar Regular 170.51
244663 04/05/2024 Rosie Lee Villegas Regular 72.23
244664 04/05/2024 Cathy Powers Regular 190.17
244665 04/05/2024 Mathew Morales Regular 144.31
244666 04/05/2024 Mathew Morales Regular 101.56
244667 04/05/2024 Breckenridge Property Fund 2016 LLC Regular 134.48 244668 04/05/2024 Liliana Perez Regular 55.85
244669 04/05/2024 Fernando & Laura Marquez Regular 143.59 244670 04/05/2024 Elahe Derakhshesh Regular 101.56
244671 04/05/2024 Denise & Richard Beale Regular 326.05 244672 04/05/2024 Ivette Vasquez Regular 157.41
244673 04/05/2024 Gaudeucio Balbuena Regular 150.85
244674 04/05/2024 Mariana Christensen Regular 26.37
244675 04/05/2024 MHP Builders Inc Regular 182.58
244676 04/05/2024 Diana Lopez Regular 111.54
244677 04/05/2024 Michelle Scagliotti Regular 46.03
244678 04/05/2024 Cauley Peek Regular 101.56
244679 04/05/2024 D.R. Horton Regular 24.55
244680 04/05/2024 D.R. Horton Regular 24.55
244681 04/05/2024 D.R. Horton Regular 24.55
244682 04/05/2024 D.R. Horton Regular 24.55
244683 04/05/2024 D.R. Horton Regular 181.79
244684 04/05/2024 D.R. Horton Regular 24.55
244685 04/05/2024 D.R. Horton Regular 24.55
244686 04/05/2024 Ronald Loforti Regular 170.51
244687 04/05/2024 Century Communities Regular 159.61
244688 04/05/2024 UC Construction Regular 181.79
244689 04/05/2024 UC Construction Regular 180.99
244690 04/05/2024 UC Construction Regular 186.54
244691 04/05/2024 Alejandro Guerrero Regular 82.06
244692 04/05/2024 Jane Moresco Regular 76.61
244693 04/05/2024 Ramona Perez Regular 82.06
244694 04/05/2024 MHP Builders Inc Regular 169.91
244695 04/05/2024 MHP Builders Inc Regular 170.70
244696 04/05/2024 Kenneth Neskorik Regular 82.06
244697 04/05/2024 Alta Real Estate Services, Inc. Regular 99.32 244698 04/05/2024 Edges Electrical Group, LLC Regular 9,482.36 244699 04/05/2024 ES West Coast, LLC Regular 56,125.31
244700 04/05/2024 Brent Kuhn Regular 15,922.50
244701 04/05/2024 Gabriel Omar Ortiz Lepe Regular 7,500.00 244702 04/05/2024 Mark Thomas & company. Inc. Regular 46,117.45 244703 04/05/2024 PG&E Company Regular 110,694.32
244704 04/05/2024 Superior Pool Products, LLC Regular 11,665.96 244705 04/05/2024 Thirkettle Corporation Regular 19,314.00 244706 04/05/2024 United Pavement Maintenance, Inc. Regular 191,891.78 244707 04/05/2024 West Coast Arborists, Inc. Regular 9,810.00 Break in check sequence due to the following: Payment Type Payment Check #244509 - #244510 (Manual Void) Regular Checks 248 2,762,625.79 Check #244515 - #244519 (Manual Void) Manual Checks 0 0.00 Chei:k #244527 (Manual Void) Voided Checks 0 0.00
Check #244555 - #244557 (Payroll) 248 2,762,625.79
Check #244574 - #244576 (Manual Void)
Check #244574 - #244576 (Manual Void)
8 LOsBanos
1 ti f ( HJ , 1ad o
Agenda Staff Report
TO: Mayor Llanez and City Council Members
FROM:

DATE:

Vanessa Portillo, Finance Director lJ-€f
April 17, 2024
TYPE OF REPORT: Consent Agenda
SUBJECT: 3rd Quarter Investment Report for 2023/2024
Recommendation:

To accept the quarterly investment report as submitted.

Background:

J1 UI
The City of Los Banos follows its investment policy to assure that it invests all surplus inactive monies in a manner which ensures a maximum return consistent with safety on such investments while maintaining the integrity of such surplus and inactive funds. A quarterly investment report provides proof that City funds are invested in such a manner. It includes all investments except funds held by the City's trustees. Funds held by trustees include bond reserve funds, deferred compensation plans, and other post retirement benefit funds.

Fiscal Impact:

Informational only, no fiscal impact.

Attachments:

City of Los Banos Third Quarter 2023/2024 Investment Report 9 THIS PAGE IS INTENTIONALLY LEFT BLANK
10 tOsBanos
At the Crossroads of California
In accordance with Government Code Section 53646 and the City of Los Banos Investment Policy, the following shall constitute the quarterly report of investments on behalf of the City of Los Banos:

Investment Balances
As of March 31, 2024
Amount Annual
Type of Investment Issuer Maturity Invested Percentage
Yield
LAIF (Local Agency State of Daily $52,773,456 4.00%
Investment Fund) California effective yield
Money Market Funds Wells Fargo Daily $109,491 ,876 5.20% Securities simple yield
Investment Balance: $162,265,332

1. As of the date of this report, the majority of the City of Los Banos funds are invested in the Wells Fargo Securities money market funds, Therefore, as provided by Governmental Code Section 53646 (e) attached are the most recent statement(s) received by the City of Los Banos.

2. As of the date of this report, the remainder of the City of Los Banos' funds are invested in the State of California Local Agency Investment Fund (LAIF), in accordance with section 16429.1 of the Governmental Code.

3. The portfolio of the City of Los Banos is in compliance with the City of Los Banos' Investment Policy.

4. The investment balances are reconciled monthly to the General Ledger by the Finance Department.

5. It is expected that theCity will be able to meet its projected expenditure requirements for the next six-- months.
11 THIS PAGE IS INTENTIONALLY LEFT BLANK
12 LOsBanos
At t1 Crossroads of Califo, nia
Agenda Staff Report
TO:

FROM:

DATE:

Mayor and City Council Members
Ivan Mendez, Police Sergeant@
April 17, 2024
SUBJECT: Petco Love 2023 Animal Welfare Organizations (AWO) Grant TYPE OF REPORT: Consent Agenda
Recommendation:

Approve the acceptance of a Petco Love Animal Welfare Organizations Grant, in the amount of $7,500 for Fiscal Year 2023-2024 and approve an increase in City expenditures and revenues in the amount of $7,500 for Fiscal Year 2023-2024.

Discussion:

In 2023, The Los Banos Animal Shelter became a Petco Love Partner. This provided us the ability to partner with our local Petco Store and also provided us the opportunity to apply for various grants via Petco Love. The Police Department applied for and was granted an Animal Welfare Organizations Grant.

The purpose of the grant is to provide the Animal Shelter the opportunity to implement any programs or actions that will make a measurable positive impact for the animals who are at our shelter or will arrive this year. Namely, to support programs that will reduce euthanasia, support adoptions, transfer to adoption partners, vaccinations, foster care, reduce shelter intake, etc.
13 The budget for this grant, including account numbers are as follows:

Revenues:

Other Grants:

Expenditures:

Special Program
Fiscal Impact:
1 00-000-339-01 0
100-429-160-270
$7,500
$7,500
Revenues and Expenditures for the 2023-2024 Fiscal Year will increase in the amount of $7,500. A portion of this grant may extend into the 2024-2025 Fiscal Year budget period.

Reviewed by:

Vanessa Portillo, Finance Director
Attachments:
- Resolution
- Petco Love Award Letter
14 RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF LOS BANOS APPROVING
THE ACCEPTANCE OF A $7,500 PETCO

LOVE ANIMAL WELFARE

ORGANIZATIONS (AWO) GRANT AND
AMENDING THE FISCAL YEAR 2023-2024

BUDGET BY INCREASING THE

APPROPRIATION AMOUNT FOR

EXPENDITURES AND REVENUES IN THE
AMOUNT OF $7,500.

WHEREAS, the Los Banos Animal Shelter in partnership with Petco Love will use the funds for any lifesaving purposes; and
WHEREAS, the funds will be utilized for but not limited to reduce euthanasia, support adoptions, transfer to adoption partners, vaccinations, foster care, reduce shelter intake, etc.

WHEREAS, the Los Banos Police Department has applied for and been awarded a $7,500 grant from Petco Love via their Animal Welfare Organizations (AWO).

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby approve the acceptance of the Petco Love Animal Welfare Organizations (AWO) Grant in the amount of $7,500, beginning April 17,2024 to provide us funding that will be used towards lifesaving purposes and increase the appropriation limit for revenues in the amount of $7,500; and expenditures in the amount of $7,500.

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

Revenues:

Other Grants: 1 00-000-339-01 0 $7,500
Expenditures:

Special Program 100-429-160-270 $7,500
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 17th day of February 2024, by Council Member ___ who moved its adoption, which motion was duly seconded by Council Member ___ and the Resolution adopted by the following vote:

AYES:

NOES:

ABSENT:
15 APPROVED:

Paul Llanez, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
16 A NONPROFIT CHANGING LIVES
March 20, 2024
Dear Petco Love partner,
On behalf of everyone at Petco Love, we are pleased to provide you with the enclosed grant award in response to your application for our 2023 Animal Welfare Organizations (AWO) grant cycle. These funds may be used for any lifesaving purpose. Please see your grant approval email for instructions on how to properly acknowledge Petco Love as well as the link to the digital toolkit to help you celebrate your award. The Lifesaving Grant Investment toolkit is also now available on our website www.petcolove.org, so that you may easily download the website badge to display it on your organization's website and find social media graphics and captions.

We're honored to partner with your organization and invest in your lifesaving efforts. We celebrate your commitment to animals and thank you for all that you do on behalf of pets and the people who love and need them.

All of us at Petco Love thank you for your lifesaving work that makes a difference everyday for animals in need.

Susanne Kogut
President
Petco Love
P .S. Petco Love desires that all funds and efforts be prioritized for lifesaving, and seeks to reduce our environmental footprint. Therefore, we respectfully request that no items are mailed to Petco Love and that any thank you letters be sent by email only to [email protected]. We welcome and appreciate recognition on social media, on your website, or in other print and digital communications. We ask that this recognition thank Petco Love, Petco and/or our Petco store partners collectively rather than individual employees of Petco or Petco Love.

Petco Love is a 501 (c)(3) nonprofit, tax exempt corporation. Tax I.D. 33-0845930 654 Richland Hills Drive, San Antonio, TX 78245
petcolove.org
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18 ·LOsBanos
Al the Crossroads of California
Agenda Staff Report
TO: Mayor & City Council Members
FROM:

DATE: April 17, 2024
TYPE OF REPORT: Consent Agenda
SUBJECT: Authorizing the City Manager to submit claim forms for Fiscal Year 2023- 2024 Local Transportation Funds (LTF) in the amount of $347,168 to Merced County Association of Governments (MCAG).

Recommendation:

That the City Council adopt the Resolution authorizing the City Manager to submit claim forms on behalf of the City of Los Banos for Fiscal Year 2023-2024 Local Transportation Funds (LTF) in the amount of $347,168 to Merced County Association of Governments (MCAG).

Discussion:

Attached for City Council review is the Resolution and claim forms with which the City of Los Banos may claim Fiscal Year 2023-2024 Local Transportation Funds. The amount available to claim by the City of Los Banos is $347,168.

Fiscal Impact:

The disbursement of the L TF that are available to the City of Los Banos will be used in conjunction with existing road tax revenues for street and road improvements in the Fiscal Year 2023-2024 budget. There is no foreseen additional impact to the City.

Vanessa Portillo, Finance Director
Attachments:

Resolution
FY 2023-2024 L TF Claim Forms
FY 2023-2024 L TF Apportionment Schedule
19 THIS PAGE IS INTENTIONALLY LEFT BLANK
20 RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS APPROVING THE

ANNUAL LOCAL TRANSPORTATION FUND
(L TF) CLAIM TO BE FILED WITH THE MERCED

COUNTY ASSOCIATION OF GOVERNMENTS
(MCAG) FOR FISCAL YEAR 2023-2024
WHEREAS, under the Transportation Development Act (TOA) of 1971, Local Transportation Fund (LTF) monies are available to cities for public transportation, construction and maintenance of local streets and roads, and for pedestrian or bicycle facilities under certain circumstances; and
WHEREAS, the City of Los Banos meets all requirements to qualify for said apportionment allocated through the Merced County Association of Governments (MCAG), as the designated local transportation and planning agency; and WHEREAS, the annual allocations of L TF monies to each jurisdiction have been calculated by population; and
WHEREAS, the City of Los Banos has L TF monies available to claim in the amount of $347,168 for Fiscal Year 2023-2024; and
WHEREAS, the City's proposed expenditures of L TF monies are in conformity with the Regional Transportation Plan as prepared by MCAG; and WHEREAS, the City will submit a certified fiscal audit within 180 days after the end of the fiscal year, except where an extension (90-day maximum) was granted by MCAG.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby authorize the filing of the annual L TF claim for Fiscal Year 2023- 2024 in the amount of $347,168.

BE IT FURTHER RESOLVED it is deemed in the best interest of the City of Los Banos that the City Manager and the Finance Director be authorized to sign the L TF claim form for Fiscal Year 2023-2024, and to submit said claim to MCAG for processing.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 17th 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:
21 AYES:

NOES:

ABSENT:

APPROVED:

Paul Llanez, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
22 L TF STREETS & ROADS CLAIM 2023-2024
Claimant: City of Los Banos
Project Title, Location(s), and Description
Overlay various street segments within City limits
Total Project Cost by Funding Source
Funding Source Amount

1. Local Transportation Fund $347,168

2. General Fund $200,000

3. $
$547,168
Total
*for additional projects add information on the following page Charles Bergson, P.E.

Public Works Director/City Engineer
23 LOCAL TRANSPORTATION FUND CLAIM
FY 2023-2024
Claimant:

Type of Claim:
181
□
□
□

STREETS & ROADS

PEDESTRIAN & BICYCLE FACILITIES
OTHER (indicate purpose & TDA Section number ___ _
TOTAL
Amount of Claim:
$347,168
$ ____ _
$ ____ _
$347,168
It is understood by this claimant that payment of the claim is subject to approval by MCAG, to such monies being on hand and available for distribution, and to the provision that such monies ( and the interest earned on such monies subsequent to allocation) will be used only for those purposes for which the claim is approved and in accordance with the L TF Claim Instructions and the Transportation Development Act.

Further, the Chief Financial Officer of the claimant certifies that the financial information contained herein, is reasonable and accurate to the best of my knowledge.

Authorized Representative:

Signature
Josh Pinheiro
Print or type name
City Manager
Title
Date
Signature of Finance Director
24 MERCED COUITY ASSOCIATION OF BOVEBNMEIITS
RESOLUTION NO. 2024/01-18-02

RESOLUTION OF THE MERCED COUNTY ASSOCIATION OF GOVERNMENTS APPROVING THE TDA APPORTIONMENT SCHEDULE FOR FISCAL YEAR 2023/2024
WHEREAS, Merced County Association of Governments (MCAG) is the designated regional transportation planning agency for Merced County; and
WHEREAS, the Transit Joint Powers Authority for Merced County (TJPA) provides consolidated transit service throughout Merced County, and provides public transportation services to the general public; and
WHEREAS, the TJPA as the transit service provider for Merced County proposes to serve, at a minimum, all claimant areas of Merced County within their jurisdictions at the level of public transportation services that are reasonable to meet as defined by the MCAG Governing Board; and WHEREAS, specific efforts undertaken by MCAG in the transportation planning process and approval of the unmet transit needs process were previously approved by the MCAG Governing Board by resolution on February 16, 2023; and
WHEREAS, the Yosemite Area Regional Transportation System (YARTS) provides mass transit service in the Yosemite National Park region, including Merced County, and provides public transportation services to the general public; and
WHEREAS, the Transportation Development Act (TOA) informs how Local Transportation Fund, State Transit Assistance and State of Good Repair funds are apportioned; and WHEREAS, the apportionments for the Merced County region for FY 23/24 are as follows:

Local Transportation Fund $12,000,000
State Transit Assistance $3,697,588
State of Good Repair $482,117
NOW THEREFORE BE IT RESOLVED, that the TOA apportionment schedules for Fiscal Year 2023/2024 are:

Administration and Planning
County Auditor- Administration
MCAG- TDA Administration
MCAG-Transportation Planning
Bicycle and Pedestrian
Transit
Rail Reserve (5%)
TJPA Operations
TJPA Capital
YARTS
local Streets and Roads
City of Atwater
City of Dos Palos
$393,562
$3,400
$155,245
$234,917
$60,133
$9,454,096
$600,000
$6,054,096
$2,500,000
$300,000
$2,092,209
$230,370
$41,355
109
25 Recipient
TJPA
YARTS
._...,r. r:..,1}f1n• t1t•!1::..1r.
- Recipient
TJPA
YARTS
City of Gustine
City of Livingston
City of Los Banos
City of Merced
County of Merced
Program
99313
$3,529,808
$3,529,808
1:u
-
Program
99313
$460,241
----
$460,241
Program
99314
$86,690
$81,090
$167,780
Program
99314
$11,303
$10,573
$21,876
$43,591
$104,538
~347,168
$660,768
$664,419
Total
$3,616,498
$81,090
$3,697,588
-
Total
$471,544
$10,573
$482,117
The above resolution was approved by the Merced County Association of Governments on January 18, 2024 by Director Nagy who moved its adoption and duly seconded by Director Samra _ _ ______________ and which was adopted by the following vote:

AYES: Directors Espinosa, Hiligue, Serratto, McDaniel, Samra, Nagy, Nelson, Dlanez, Pedrozo
NOES: None
ABSEN~ Directors Pareira, Silveira
APPROVED:

Stacie Guzman, Execu
Merced County Association of Governments
Joshua Pedrozo, Chair
Merced County Association of Governments
Governing Board
110
26 LOsBanos
I 11,e Cros vads <. ( Lalijornit,
Agenda Staff Report
TO: Mayor and City Council Members ~
FROM: Joe Heim, Parks and Recreation Direc~
DATE: April 17, 2024
TYPE OF REPORT: Consent Agenda
SUBJECT: Accepting the 7th St. Ballpark Turf/Field Renovation Project as complete and authorizing the filing of a Notice of Completion with the Merced County Recorder
Recommendation:

That the City Council adopt the Resolution to:

1. Accept the construction of the 7th St. Ballpark Turf/Field Renovation Project as complete; and

2. Authorize the City Manager to file the Notice of Completion with the Merced County Recorder; and ,

3. Authorize the Public Works Director/City Engineer to release the five (5) percent retention after the thirty-five (35) day period from the date of filing the Notice of Completion with the County Recorder.

Background:

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

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

Officer Noah Jones Ballpark is approximately 5.92 acres in size and includes four softball fields. Historically the fields have been primarily maintained by PAL and volunteer community members.
27 In 2019 the City of Los Banos constructed the restroom facility on-site and added a sidewalk pathway, with American Disability Act (ADA) entrances from the parking lot to the south-side of the fields.

Discussion:

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

The improvements create safer playing conditions.

The bid opening for the project was held on September 20, 2023. The Public Works Department, through the office of the City Clerk, received four (4) bids from the following contractors:

Ronnys, Inc.

Joe's Landscaping & Concrete, Inc.

Nish-Ko
Westside Landscape & Concrete
Los Banos
Newman
Fresno
Newman
$168,467.13
$390,467.13
$316,196.00
$333,926.55
Staff reviewed each of the bid proposals for completeness. Ronnys, Inc. provided the lowest responsive and responsible bid for the project. Staff is recommended Ronnys, Inc. be awarded the contract for the construction of the Turf Improvements at 7th St. Ballpark.

City Council awarded the contract on October 18, 2023.

There were 4 change orders with this project. Change Order #1 at $7,380.00 consisted of adjusting the turf seed blend to a Bermuda/Rye blend that is a better option for year round sports turf. Change Order #2 at $35,000.00 consisted of additional dirt removal on the four fields to match the new lawn elevation. Change order included the need to excavate, remove and dispose of infield aggregate material. Change Order #3 at $31,694.50 consisting of the purchase of new aggregate material for four ( 4) infields. After removal of the existing aggregate material, the aggregate material was contaminated with gray decomposed granite. Change Order #4 at $25,000.00 which consisted of additional installation of new aggregate material for the four (4) infields.

The total construction cost for this project was $267,760.48. This represents the original bid, plus four ( 4) change orders.

Fiscal Impact:

The fiscal impact of the project is budgeted from the line item 101-451-290-717 in the Measure H account. The total impact of the project was $267,760.48.

Reviewed by:

Vanessa Portillo, Finance Director
Attachments:

Resolution
Notice of Completion
28 RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF LOS BANOS ACCEPTING THE
7TH ST. BALLPARK TURF/FIELD

RENOVATION PROJECT AS COMPLETE AND

AUTHORIZING THE FILING OF A NOTICE OF

COMPLETION WITH THE MERCED COUNTY

RECORDER
WHEREAS, on September 20, 2023 the City of Los Banos received competitive bids for the construction of the 7th St. Ballpark Turf/Field Renovation Project; and WHEREAS, on October 18, 2023 the City Council awarded the Construction Contract to Ronnys Inc. for the construction of the 7th St. Ballpark Turf/Field Renovation Project; and
WHEREAS, the Public Works Director/City Engineer has determined, upon inspection, that all work has been completed in compliance with the plans and specifications, and in accordance with the approved contract.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby accept the 7th St. Ballpark Turf/Field Renovation as complete; authorize the City Manager to file a Notice of Completion with the Merced County Recorder within ten (10) days after acceptance; and authorize the Interim Public Works Director/City engineer to release the five (5) percent retention held in escrow after the thirty-five (35) days from the date of filing the Notice of Completion.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 17th 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
29 THIS PAGE IS INTENTIONALLY LEFT BLANK
30 RECORDING REQUESTED BY:

WHEN RECORDED RETURN TO:

CITY OF LOS BANOS
520 'J' Street
Los Banos, California 93635
NOTICE IS HEREBY GIVEN:

NOTICE OF COMPLETION

1. That the interest of estate stated in paragraph 3 below in the real property hereinafter described is owned by the following:

NAME STREET AND NO.

CITY OF LOS BANOS 520 'J' Street
CITY
Los Banos
STATE
California
(If more than one owner of the interest stated, the name and address of each must be inserted.)

2. That the full name and address of the owner of said interest or estate, if there is only one owner, and the full names and addresses of all the co-owners who own said interest or estate as joint tenants, as tenants in common or otherwise, if there is more than one owner, are set forth in the preceding paragraph.

3. That the nature of the title of said owner, or if more than one, then of said owner and co-owner is: In Fee.

4. That on the April 17 2024, a work of improvement on the real property hereinafter described was completed.

5. That the name of the original contractor, if any, for such work of improvement was ___ __________ _ Ronnys, Inc.
(If no contractor for work of improvement as a whole, insert "No Contractor.")

6. That the real property herein referred to is situated in the - - ----=C=it ... y_,o=f'-"L=o=s'---"B=a=n=o=s __________ _ County of Merced State of California, and is described as follows:
"7th Street Ballfields Turf/Field Renovations"
The major work consists of demolition/removal of existing lawn outfield and corresponding infield as shown, adjustment of existing sprinkler heads, addition of new rotors, minor grading, soils analysis and corresponding soil amendments, new sod/lawn turf and maintenance period.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date: CITY OF LOS BANOS
Owner
Place: Los Banos, California By: ------------------

ACKNOWLEDGMENT
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32 LOsBanos
At the Crossroads of Calif or11ia
Agenda Staff Report
TO: Mayor & City Council Members
FROM: Lucy Mallonee, MMC
City Clerk/Human Resources Director
DATE: April 17, 2024
SUBJECT: Certification of Registrar of Voters of the Results of the Canvas of the March 5, 2024 Presidential Primary/Special Municipal Election Pertaining to Measure G - Shall the Offices of City Clerk and City Treasurer be Appointed & Measure H - Shall the Term of Office of Mayor be Four Years
TYPE OF REPORT: Consent Agenda
Recommendation:

Adopt the resolution as submitted.

Discussion:

Attached please find a resolution for your review and consideration for accepting the certification of the canvas of votes from the Merced County Registrar of Voters for the Presidential Primary/Special Municipal Election held in the City of Los Banos on March 5, 2024 pertaining to Measure G - Shall the Offices of City Clerk and City Treasurer be Appointed & Measure H - Shall the Term of Office of Mayor be Four Years.

The Registrar of Voters Certified the election results on March 5, 2024 as follows:

Measure G: Yes: 2,027; No: 3,264
Measure H: Yes: 1,242; No: 4,133
33 Since both Measure G and H failed, there is no additional action required besides adopting the resolution accepting the results.

Attachment:

Resolution
Certificate of Registrar of Voters
34 RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LOS BANOS ACCEPTING THE CERTIFICATION OF

REGISTRAR OF VOTERS OF THE RESULTS OF THE
CANVAS OF THE MARCH 5, 2024 PRESIDENTIAL

PRIMARY/SPECIAL MUNICIPAL ELECTION PERTAINING TO

MEASURE G - SHALL THE OFFICES OF CITY CLERK AND

CITY TREASURER BE APPOINTED & MEASURE H - SHALL

THE TERM OF OFFICE OF MAYOR BE FOUR YEARS
WHEREAS, a Presidential Primary/Special Municipal Election was held and conducted in the City of Los Banos, California, on Tuesday, March 5, 2024 as required by law; and WHEREAS, said results of canvass of the Presidential Primary/Special Municipal Election were presented to the City Council of the City of Los Banos pertaining to Measure G - Shall the Offices of City Clerk and City Treasurer be Appointed & Measure H - Shall the Term of Office of Mayor be Four Years, as attached in Exhibit A; and
WHEREAS, the Notice of Election was given in time, form and manner as provided by law; that voting precincts were properly established, and that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the laws of the State of California relating to general law cities.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby certify said results of said Presidential Primary/Special Municipal Election held in the City of Los Banos on Tuesday, March 5, 2024 pertaining to the Measure G - Shall the Offices of City Clerk and City Treasurer be Appointed & Measure H - Shall the Term of Office of Mayor be Four Years as attached in Exhibit A; and
BE IT FURTHER RESOLVED that the City Council does declare the results as follows:

Measure G: Yes: 2,027; No: 3,264
Measure H: Yes: 1,242; No: 4,133
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 17th 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: Council Members
NOES:

ABSENT:

APPROVED:

Paul Llanez, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
35 THIS PAGE IS INTENTIONALLY LEFT BLANK
36 )
MEfiCEDA
COUNTY
March 30, 2024
City of Los Banos
Lucille Mallonee, City Clerk
520 J Street
Los Banos, CA 93635
EXHIBIT A Melvin E. Levey
Registrar of Voters
2222 "M" Street
Merced, CA 95340
Main: (209) 385-7541
Fax: (209) 385-7387
www .mer-cedelections.org

CERTIFICATE OF THE REGISTRAR OF VOTERS
I, Melvin E. Levey, Registrar of Voters of the County of Merced, State of California, do hereby certify, in connection with the Presidential Primary Election, held on March 5, 2024:
(1) that attached hereto and by this reference incorporated herein are true and correct copies of the sample ballot;
(2) that attached hereto and by this reference incorporated herein are true and correct copies of the Certificate of Election Results and the Official Statement of Votes Cast; and (3) that the statements made in each of the foregoing instruments are true and correct as of the respective dates of said instruments and as of the date hereof and are hereby reaffirmed.

COUNTY OF MERCED
MELVIN E. LEVEY,

REGISTRAR OF VOTERS
/4L [. ~

STRIVING FOR EXCELLENCE
37 THIS PAGE IS INTENTIONALLY LEFT BLANK
38 CERTIFICATION OF

REGISTRAR OF VOTERS OF THE

RESULTS OF THE CANVASS
OF THE MARCH 5, 2024,

PRESIDENTIAL PRIMARY ELECTION

STATE OF CALIFORNIA

COUNTY OF MERCED
I, Melvin E. Levey, Registrar of Voters of County of Merced, do hereby certify that, in pursuance to the provisions of Elections Code section 15300, et seq., I did canvass the results of the votes cast in the Presidential Primary Election held in said County on March 5, 2024, for measures and contests that were submitted fo the vote of the voters, and that the Statement of Votes Cast, to which this certificate is attached, is full, true, and correct.

I hereby set my hand and official seal this 30th day of March, 2024, at the County of Merced.
~ {
Registrar of Voters
County of Merced
State of California
Canvas Certification of Elections Official
(03/2024)
39 THIS PAGE IS INTENTIONALLY LEFT BLANK
40 HELP AMERICA VOTE ACT OF 2002

CERTIFICATION OF ELECTIONS OFFICIAL

STATE OF CALIFORNIA

COUNTY OF MERCED
Pursuant to the statewide voter registration list requirements set forth in the Help America Vote Act of2002 (HAVA) 52 U.S.C. § 21083,
I, Melvin E. Levey, Registrar of Voters for the County of Merced, State of California, hereby certify that I complied with all provisions of Chapter 2 of Division 7 of Title 2 of the California Code of Regulations for the Federal election held on the 5th day of March 2024, in the County of Merced, State of California and all elections consolidated therewith.

I hereby set my hand and official seal this 30th day of Mar.ch, 2024, at the County of Merced.

Registrar of Voters
County of Merced
State of California
HA VA Certification of Elections Official
(03/2024)
41 THIS PAGE IS INTENTIONALLY LEFT BLANK
42 n
MEfiCEDAcouNTY

STATEMENT OF VOTE
Presidential Primary Election
March 5, 2024
Melvin E. Levey
Merced County Registrar of Voters
2222 M Street
Merced, CA 95340
(209) 385-7541
elections@cou ntyofmerced .com
43 THIS PAGE IS INTENTIONALLY LEFT BLANK
44 Merced County
Presidential Primary Election
March 5, 2024
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MEASURE E Delhi Unified School District . ·-·---·---•-··" M~SURE .G City of Los Banos--·-····-· VOTE FOR 1 VOTE FOR 1 a,,
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- ··-· •••• ••• • -···-···- ·- ·---··-·· ···-··· . .... ·•····•-"-····· ··•· •• ··•--..... .. . _. •••••• ... ·-··-··· 31 ssi 87 1 ---or 3 l ~ i • ··-·· . ··-··· -·- .... _·-······-·--·· .... . ........ 19 ;··---··14si _ .. _ 225 1··-·-· ol __ .. __ s1 230! SOV - 03/30/2024 10:42AM
Official Canvass
Results by Precinct
Statement of Vote

Page 248 of 368 ends

45 "
Merced County
Presidential Primary Election
March 5, 2024
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54105
54106
54107
54108
54109
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54135
SOV - 03/30/2024 10:42AM
MEASURE E Delhi Unified School District ·-·---·· ______ ·-·---·! MEASURE G City of Los. Banos _______ _ tD o: z·
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Official Canvass
Results by Precinct
Statement of Vote

Page 249 of 368 ends

46 ' .. Merced County
Presidential Primary Election
March 5, 2024
54136
54137
54138
54139
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54145
Totals
SOV - 03/30/2024 10:42AM
MEASURE E Delhi Unified School District - ., ·- '···-····-----~---•-~ --•·•--•-·-~-•---•·- -•--·~ IJJ
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VOTE FOR 1
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Official Canvass
Results by Precinct
Statement of Vote

Page 250 of 368 ends

47 THIS PAGE IS INTENTIONALLY LEFT BLANK
48 Merced County
Presidential Primary Election
March 5, 2024
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47245
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SOV - 03/30/2024 10:42AM
-J( MEASURE H City of Los Banos
VOTE FOR 1
Al Presidential Preference Merced_ County
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2 Official Canvass
Results by Precinct
Statement of Vote

Page 268 of 368 ends

49 Merced County Official Canvass
Presidential Primary Election Results by Precinct
March 5, 2024 Statement of Vote
·* MEASURE H City of Los Banos ! Al Pr~~Jcl_E3r:,ti~U:>rE!f~re~c::~. r...'le~c~~ County VOTE FOR 1 VOTE FOR 1
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56004 0 0' 0 0 1 0 o ---•-···-----'·· -·-- ·••-•·····-~--- sov -03/30/2024 10:42AM Page 269 of 368
50 Merced County
Presidential Primary Election
March 5, 2024
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SOV - 03/30/2024 10:42AM
1( MEASURE H City of Los Banos
VOTE FOR 1
~ - 0
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Official Canvass
Results by Precinct
Statement of Vote

Page 270 of 368 ends

51 Merced County Official Canvass
Presidential Primary Election Results by Precinct
March 5, 2024 Statement of Vote
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SOV- 03/30/2024 10:42AM Page 271 of 368
52 Merced County
Presidential Primary Election
March 5, 2024
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Official Canvass
Results by Precinct
Statement of Vote

Page 272 of 368 ends

53 Merced County Official Canvass
Presidential Primary Election Results by Precinct
March 5, 2024 Statement of Vote
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Totals 1,242 4,133 : 5,375 0 82 5,457 195 754 949 0 i 497 1,446 SOY - 03/30/2024 10:42AM Page 273 of 368
54 55
56 RESOLUTION NO. _ _ _

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

AWARDING CONTRACT FOR DESIGN, MANUFACTURE, CONSTRUCTION, AND

INST ALLA TI ON OF THE DOWNTOWN GATEWAY SIGN PROJECT

RECITALS
A. WHEREAS, the City of Los Banos ("City") requires the design, manufacture, construction, and installation of the Downtown Gateway Sign Project (the "Project"), which is further described in the Request for Proposals set forth in Exhibit A hereto ("RFP").

B. WHEREAS, the City previously solicited proposals for the Project as set forth in the RFP, and received the proposals set forth in Exhibit B hereto ("Prior Proposals").

C. WHEREAS, the Prior Proposals substantially exceeded the City's budget for the Project.

D. WHEREAS, the City has since received a proposal from Turlock Sheet Metal and Welding, Inc., dba: P&F Metals ("Proposer") to perform the Project that is responsive to the RFP, within budget, substantially lower in cost than any of the other Prior Proposals, and set forth in Exhibit C hereto ("Current Proposal").

E. WHEREAS, "[a] public entity's award of a contract, and all of the acts leading up to the award, are legislative in character. [T]he letting of contracts by a governmental entity necessarily requires an exercise of discretion guided by consideration of the public welfare[]". (Mike Moore's 24-Hour Towing v. City of San Diego (I 996) 45 Cal.App.4th 1294, 1303).

F. WHEREAS, "where competitive proposals work an incongruity and are unavailing as affecting the final result, or where competitive proposals do not produce any advantage, or where it is practically impossible to obtain what is required and to observe such form, competitive bidding is not applicable." ( Graydon v. Pasadena Redevelopment Agency (1980) 104 Cal.App. 3d 631, 636).

G. WHEREAS, "[t]he law neither does nor requires idle acts." (Civil Code,§ 3532).

H. WHEREAS, City staff has determined on the basis of the RFP and Prior Proposals that competitive proposals do not produce any advantage to the City compared to the Current Proposal and that awarding a contract for the Project to Proposer without further competitive solicitation is in the best interest of the City as guided by consideration of the public welfare ("Staff Findings").

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

1. The City Council adopts the Staff Findings as its own ("Council Findings").

2. The City Manager or designee is hereby authorized and directed to enter into the contract with Proposer consistent with the Current Proposal and RFP (the "Proposed Contract"), subject to 57 minor revisions, if any, approved by the City Manager and City Attorney to comply with applicable law or otherwise ensure that the City contracts for the Project on clear, unambiguous terms that are in the best interest of the City.

ADOPTED by the City Council of the City of Los Banos at a regular meeting held on the 17th day of April, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Paul Llanez, Mayor
ATTEST:

Lucy Mallonee, City Clerk
58 Exhibit A
RFP
59 THIS PAGE IS INTENTIONALLY LEFT BLANK
60 LOs Banos
t tltc C ,nssn>ads oJ ,~lifonaia

REQUEST FOR PROPOSALS
for

DOWNTOWN GATEWAY SIGN
Date Released: December 22, 2023
Questions with regard to submissions, process, or
proposals can be emailed to:

Stacy Souza Elms
Community and Economic Development Director
[email protected]
Proposals must be received prior to 4:00 P.M. Janruary
26, 2024 at the office of City Clerk
City of Los Banos
520 J Street
Los Banos, CA 93635
www.losbanos.org
61 TABLE OF CONTENTS
Request for Proposal
Improvement
Standards And
Specifications Update
Request for Proposal ....................................................................................................... 1 Project Description .......................................................................................................... 3 Background
Scope of Work
Additional Services
Cost Proposal
General Personnel Requirements
Deliverables
Schedule
Method of Payment
Materials to Be Provided by the
Consultant Insurance Requirements
Exhibit A: Submittal Requirements ............................................................................... 6 Exhibit B: Proposal Evaluation ....................................................................................... 9 Exhibit C: Services ........................................................................................................ 1 2 Exhibit D: Fee Schedule ............................................................................................... 14 Exhibit E: Sample Contract Agreement ................................................................... 1 5 62 NOTICE
Request for Proposal
for
Downtown Gateway Sign
NOTICE IS HEREBY GIVEN that the City of Los Banos is requesting proposals from qualified contractor to build the City's downtown gateway sign.

All qualified firms interested in providing these services are invited to submit their proposal. The proposals will be evaluated and ranked according to the criteria provided in Exhibit B, "Proposal Evaluation," of this Request for Proposal (RFP).

It shall be the Consultant's responsibility to check the City of Los Banos' website (www.losbanos.org) to obtain any addenda that may be issued.

The Consultant's attention is directed to Exhibit A, "Submittal Requirements." Submit five (5) hard copies and one (1) electronic copy in PDF format on a USB flash drive of the firm's proposal. The hard copies and USB flash drive shall be mailed or submitted to the City of Los Banos, 520 J Street, Los Banos, CA 93635, prior to 4:00 P.M. PST on January 26, 2024. Proposals shall be submitted in a sealed package clearly marked "DOWNTOWN GATEWAY SIGN RFP" and addressed as follows:

City of Los Banos Attention:

City Clerk 520 J Street
Los Banos, CA 93635
No late submittals will be accepted. The City may conduct interviews of the top-ranking consultants in order to make a final selection. The successful consultant will be recommended to the City Council for authorization to enter into a Professional Services Agreement to build the Downtown Gateway sign within the City of Los Banos.

Failure to comply with the requirements set forth in this Request for Proposal may result in disqualification. Proposals and/or modifications received subsequent to the hour and date specified above will not be considered. Submitted proposals may be withdrawn at any time prior to the submission time specified in this Request for Proposal, provided notification is received in writing before the submittal deadline. Proposals cannot be changed or withdrawn after the submittal deadline. No handwritten notations or corrections will be allowed. The responding Consultant is solely responsible for all costs related to the preparation of the proposal.

The City of Los Banos reserves the right to reject all proposals and to waive any minor informalities or irregularities contained in this proposal. Acceptance of any proposal submitted pursuant to this Request for Proposal shall not constitute any implied intent to enter into a contract.

The contract award, if any, will be made to the consultant who, in the City's sole discretion, is best able to perform the required services in a manner most beneficial to the City. The completed Fee Schedule in Exhibit D shall be submitted with the proposal in its own separately sealed envelope. The Consultant shall not include this cost proposal in the USB as an electronic file. 1 63 The City intends to follow, but will not be bound by, the following selection timeline:

Release of Advertisement of RFP 12/22/2023
Deadline to Submit Questions/Clarifications 5:00 P.M. 01/12/2024 Addendum/Questions/Clarifications Posted 5:00 P.M. 01 /19/204 Deadline for Proposal Submittal 2:00 P.M. 01/26/2024
Award Date 02/07/2024 (Tentative)
Any questions with regard to submissions, process, or proposals can be emailed to Stacy Souza Elms, Community and Economic Development Director at [email protected].

Questions shall be submitted before 5:00 P.M. PST on January 12, 2024. Any response to a request for clarification, questions and answers will be posted to the City's website at www.losbanos.org no later than 5:00 P.M. PST on January 19, 2024 and if necessary, shall become a part of the proposal as an addendum.

The Request for Proposal can be viewed and/or obtained from the City of Los Banos website at www.losbanos.org.

No oral questions or inquiries about the RFP shall be accepted. 2 64

PROJECT DESCRIPTION
The City of Los Banos (herein referred to as "City") is seeking a qualified consultant (herein referred to as "Consultant") to build the Downtown Gateway Sign (Sign). The goal of the project is to beautify the City's downtown enterance off Sixth St.

The intent of this RFP is to evaluate each interested consultant specific qualifications, experiences, and select the best-qualified consultant. In addition, all interested consultants shall have sufficient, readily available resources in the form of trained personnel, support services, specialized consultants and financial resources to carry out the work without delay or shortcomings. The work will be performed according to the attached Agreement for Services.

The city intends to award a contract to one successful consultant for the services proposed by that consultant. However, all contracts are subject to approval by the Los Banos City Council, and the city reserves the right to not award any such contract at the discretion of the Council.

BACKGROUND
The City of Los Banos is located in western Merced County, in the northern portion of the San Joaquin Valley. The City is located near the junction of California State Route (SR)-152 and Interstate 5. Los Banos is the second largest city in the County.

The City is seeking a Design-Build contractor to complete the design and construction of their downtown street enterance sign. An architectual concept has been rendered and is a preferred model of design for the final product. The total budget for this project is $500,000 to $600,000.

SCOPE OF WORK
The services and required Tasks for this RFP can be found in Exhibit C, "Services."

ADDITIONAL SERVICES
The need for additional type services may be required during the term of the contract. The interested Consultant shall submit a fee schedule for key staff which may be directly involved in the works outside of the scope of services above. This fee schedule shall be on an hourly basis.

COST PROPOSAL
The consultant is to prepare the Fee Schedule attached in Exhibit D based on the tasks as listed in the scope of work and the table for additional service, if requested, based on personnel hourly rate.
3 65

GENERAL PERSONNEL REQUIREMENTS
The consultant's personnel shall be capable, competent, and experienced in performing the types of work in the Contract with minimal instruction. Personnel skill levels should match the specific job classifications, as set forth herein or in the consultant's Cost Proposal and task complexity. The consultant's personnel shall be knowledgeable about, and comply with, all applicable Federal, State and Local laws and regulations.

The consultant is required to submit a written request and obtain the City's Contract Administrator's prior written approval for any substitutions, additions, alterations, or modifications to the consultant's originally proposed personnel and project organization, as depicted on the proposed consultant's organization chart or the consultant's cost proposals. The substitute personnel shall have the same job classification as set forth herein or in the consultant's Cost Proposal not exceed the billing rate, and meet or exceed the qualifications and experience level of the previously assigned personnel, at no additional cost to the City.

The consultant's Contract Administrator shall have a documented minimum five (5) years of demonstrated experience acceptable to City in management and delivery of similar projects for local agencies.

In addition to other specified responsibilities, the consultant's Project Administrator shall be responsible for all matters related to the consultant's personnel, subconsultants, and consultants's and subconsultants' operations included, but not limited to the following:
a. Ensuring that deliverables are clearly defined and those criteria are specific, measurable, attainable, realistic and time-bound.
b. Supervising, reviewing, monitoring, training, and directing the consultant's and subconsultants' personnel.
c. Assigning qualified personnel to complete the required Task Order work in coordination with the City Contract Administrator.
d. Administering personnel actions for consultant personnel and ensuring appropriate actions taken for subconsultants' personnel. e. Maintaining and submitting organized project files for record tracking and auditing.
f. Assuring that all applicable safety measures are in place. g. Providing invoices in a timely manner and providing monthly contract expenditures.
h. Reviewing invoices for accuracy and completion before billing to City. i. Managing subconsultants.
j. Managing overall budget for Contract and provide report to the City Contract Administrator.
k. Ensuring compliance with the revisions in the Contract and all specific Task Order requirements.

I. Knowledge, experience, and familiarity with prevailing wage issues and requirements in the State of California.

DELIVERABLES
As agreed upon by the City and consultant.

SCHEDULE
As agreed upon by the City and consultant.
4 66

METHOD OF PAYMENT
Consultant shall be paid based on the Specific Rate of Compensation for this Contract and for the amount as agreed upon by the City and Consultant. Consultant shall submit request for monthly progress payments.

MATERIALS TO BE PROVIDED BY THE CONSULTANT
Unless otherwise specified, the consultant shall provide all materials to complete the required work in accordance with the delivery schedule and cost estimate.

INSURANCE REQUIREMENTS
Before the City executes an Agreement for services, Contractor shall provide a certificate of insurance evidencing the following:
• Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers. • General Liability Coverage. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence, four million dollars ($4,000,000) general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Consultant's general liability policies shall be primary and non-contributory, and be endorsed using Insurance Services Office form CG 20 1 O to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. For construction contracts, an endorsement providing completed operations to the additional insured, ISO form CG 20 37, is also required.
• Automobile Liability Coverage. Consultant shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than two million dollars ($2,000,000) per accident. If Consultant owns no vehicles, this requirement may be met through a non-owned auto endorsement to the CGL policy. • Professional Errors and Omissions Insurance. Consultant shall maintain professional liability insurance that insures against professional errors and omissions that may be made in performing the Services to be rendered in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and not less than two million dollars ($2,000,000) in the annual aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement, and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement. The cost of such insurance shall be included in Consultant's bid.
• Each liability insurance certificate shall state that coverage afforded therein is primary and shall bear endorsements that provide the City be given at least 30 days written notice before any material change or cancellation of such policy, for any reason.
5 67

EXHIBIT A - SUBMITTAL REQUIREMENTS
These guidelines are provided for standardizing the preparation and submission of the proposals by all consultants. The intent of these guidelines is to assist consultants in preparation of their proposals, to simplify the review process, and to help assure consistency in format and content.

Proposal's shall contain the following information in the order listed:

1. Introductory Letter
The introductory (or transmittal) letter shall be addressed to:

Stacy Souza, Community and Economic Development
Director 411 Madison Ave
Los Banos, CA 93635
The letter shall be on consultant letterhead and include the consultant's contact name, mailing address, telephone number, facsimile number, and email address. The letter will address the consultant's understanding of the services being requested and any other pertinent information the Consultant believes should be included. All addendums received must be acknowledged in the transmittal letter.

The letter shall be signed by the individual authorized to bind the consultant to the proposal.

2. Consultant Information, Qualifications & Experience
The City will only consider submittals from consultants that demonstrate they have successfully completed comparable projects. These projects must illustrate the quality, type, and past performance of the project team. Submittals shall include a detailed description of a minimum of three (3) projects which include the following information:

1. Contracting agency

2. Contracting agency Project Administrator/Contact Person including name, address and phone

3. Contracting agency contact information

4. Contract amount

5. Date of contract

6. Date of completion

7. Consultant Project Administrator and contact information

3. Organization and Approach

1. Describe the roles and organization of your proposed team for this project.

Indicate the composition of subcontractors and number of project staff, material availability and experience of your team as it relates to this contract.

2. Describe your project and management approach.

3. Describe the roles of key individuals on the team. Provide resumes and references for all key team members. Resumes shall show relevant experience, for the Project's Scope of Work, as well as the length of employment with the proposing Consultant. Key members, especially the Construction Manager, shall have significant demonstrated experience with
6 68
this type of project, and should be committed to stay with the project for the duration of the project.

4. Demonstrate that the consultant's Project Administrator and project staff have sufficient availability and/or that consultant has sufficient resources to timely deliver City's projects.

4. Conflict of Interest Statement
Throughout the term of the awarded contract, any person, firm or subsidiary thereof who may provide, has provided or is currently providing design engineering services and/or construction engineering services under a contractual relationship with a construction contractor(s) on any City project related to this solicitation.

Similar to the disclosures regarding contractors, all firms are also required to disclose throughout the term of the awarded contract, any design engineering services including claim services, lead project management services and construction engineering services provided to all other clients on any City project listed in this solicitation.

In addition to the disclosures, the consultant shall also provide possible mitigation efforts, if any, to eliminate or avoid any actual or perceived conflicts of interest.

The consultant shall ensure that there is no conflict before providing services to any construction contractor on any of the City's projects related to this solicitation. The submitted documentation will be used for determining potential conflicts of interest. The City will use this documentation to determine whether the firm may provide the specified services under this contract.

If a consultant discovers a conflict during the execution of an assigned task order, the consultant must immediately notify the City Contract Administrator regarding the conflicts of interest. The City Contract Administrator may terminate the Task Order involving the conflict of interest and City may obtain the conflicted services in any way allowed by law.

Failure by the consultant to notify the City Contract Administrator may be grounds for termination of the contract.

5. Litigation
Indicate if the proposing consultant was involved with any litigation in connection with prior projects. If yes, briefly describe the nature of the litigation and the result.

6. Contract Agreement
Indicate if the proposing consultant has any issues or needed changes to the proposed contract agreement included as Exhibit E.

The consultant shall provide a brief statement affirming that the proposal terms shall remain in effect for ninety (90) days following the date proposal submittals are due. 7 69

7. Cost Proposal
The Request for Proposal includes a Fee Schedule which identifies the scope of work through task to be completed. The completed Fee Schedule in Exhibit D shall be submitted with the proposal in its own separately sealed envelope. The Consultant shall not include this cost proposal in the USB as an electronic file. 8 70
............... --······----............... . EVALUATION PROCESS All submittals will be evaluated by City Selection Committee. The Committee may be composed of City staff and other parties that may have expertise or experience in the services described herein. The Committee will review the submittals and will rank the proposers. The evaluation of the proposals shall be within the sole judgment and discretion of the Committee. All contacts during the evaluation phase shall be through the Contract Administrator/Project Administrator only. Proposers shall neither contact nor lobby evaluators during the evaluation process. Attempts by Proposer to contact members of the Committee may jeopardize the integrity of the evaluation and selection process and risk possible disqualification of Proposer.

The Committee will evaluate each submittal meeting the qualification requirements set forth in this RFP. Proposers should bear in mind that any submittal that is unrealistic in terms of the technical or schedule commitments may be deemed reflective of an inherent lack of technical competence or indicative of a failure to comprehend the complexity and risk of the City requirements as set forth in this RFP.

The selection process may include oral interviews. The proposer will be notified of the time and place of oral interviews and if any additional information that may be required to be submitted. In the event that the City receives no more than three proposals, the City may opt to not conduct an oral interview.

EVALUATION CRITERIA
Proposals will be evaluated according to each Evaluation Criteria, and scored on a zero to five point rating. The scores for all the Evaluation Criteria will then be multiplied according to their assigned weight to arrive at a weighted score for each proposal. A submittal with a high weighted total will be deemed of higher quality than a proposal with a lesser-weighted total. The final maximum score for any proposal is five hundred (500) points.
0 Not Acceptable Non-responsive, fails to meet RFP specifications. The approach has no probability of success. For mandatory requirement this score will result in disqualification of submittal.
1 Poor Below average, falls short of expectations, is substandard to that which is the average or expected norm, has a low probability of success in achieving pro ject objectives per RFP.
2 Fair Has a reasonable probability of success, however, some objectives may not be met.
3 Average Acceptable, achieves all objectives in a reasonable fashion per RFP specification. This will be the baseline score for each item with adjustments based on interpretation of submittal by Evaluation Committee members.
4 Above Average/Good Very good probability of success, better than that which is average or expected as the norm. Achieves all objectives per RFP requirements and expectations.
5 Excellent/Exceptional Exceeds expectations, very innovative, clearly superior to that which is average or expected as the norm. Excellent probability of success and in achieving all objectives and meeting RFP specification. 9 71
The consultant determined to be the most qualified, in the City's sole discretion, shall be based on the following 100-point grading system:

1. Quality of Proposal: 10 points

2. Qualification and Experience: 20 points

3. Organization and Approach: 30 points

4. Past experience: 1 0 points

5. Staff Availability: 1 0 points

6. Proposal Format and Completeness: 5
points

7. Project Schedule: 15 points

1. Quality of Proposal (10 points)
a. Responses to this RFP must be complete. Responses that do not include the proposal content requirements identified within this RFP and subsequent addenda and do not address each of the items listed below will be considered incomplete.

2. Qualifications & Experience (30 points)
a. Relevant experience, specific qualifications, and technical expertise of the firm and sub-consultants to construct the Downtown Gateway Sign as detailed in the scope of work.
b. Consultant demonstrates experience with performance of services within comparable projects similar in nature to those related to this solicitation. c. Consultant demonstrates successful completion of said projects. d. Consultant is familiar with City standards and procedures.

3. Organization & Approach (30 points)
a. Describes familiarity of project and demonstrates understanding of work completed to date and project objectives moving forward.
b. Roles and Organization of Proposed Team
i. Proposes adequate and appropriate disciplines of project team. ii. Some or all of team members have previously worked together on similar project(s).
111. Overall organization of the team is relevant to City needs. c. Project and Management Approach
i. Team is managed by an individual with appropriate experience in similar projects. This person's time is appropriately committed to the project. ii. Team successfully addresses Work Planning and Programming efforts. iii. Project team and management approach responds to project issues. Team structure provides adequate capability to perform both volume and quality of needed work within project schedule milestones.
d. Roles of Key Individuals on the Team
i. Proposed team members, as demonstrated by enclosed resumes, have relevant experience for their role in the project.
ii. Key positions required to execute the project team's responsibilities are appropriately staffed.
e. Working Relationship with City
i. Team and its leaders have experience working in the public sector and knowledge of public sector procurement process.
ii. Team leadership understands the nature of public sector work and its decision making process.
10 72

4. Staff Availability (10 points)
a. Consultant demonstrates project team staff is available and able to promptly respond to requests throughout the contract duration in order to timely deliver projects.

5. Proposal Format and Completeness (5 points)
a. Attractive, professional appearance. (Cover, internal layout, font type and size, and illustrations/photos)
b. Clear, concise, error-free.

6. Project Schedule (15 points)
a. The proposed project schedule will be evaluated on the overall project timeline. The schedule offering the City the short duration with the earliest start and earliest finish will receive the maximum 15 points and the subsequent proposals will receive points based on the weighted average as compared to the highest scoring consultant.

7. Presentation by Team (if applicable) (10 points)
a. Team presentation conveying project understanding, communication skills, innovative ideas, critical issues and solutions.

Weighted scores for each Proposal will be assigned utilizing the table below:

Rating Score
No. Evaluation Criteria Weight (Rating * (0-5) Weie;ht) 1 Quality of Proposal 10
2 Qualifications & Experience 20
3 Organization & Approach 30
4 Past Experience 10
5 Staff Availability 10
6 Proposal Fonnat & Completeness 5
7 Project Schedule 15
Total: 100
8 Presentation by Team- if applicable 10
Total: 110
11 73

EXHIBIT C - SERVICES
Task 1: Research and Design Meeting
Research current industry standard practices regarding similar gateway signage and provide feedback to the City on:
• Identify industry standards are commonly being used for similar projects of size and nature.
• Familiarization with the City's current sign specifications. o https://losbanos.org/public-notices/request-for-proposal-downtowngateway-sign/ • The pros and cons on differing types of material for signage to meet industry standards and budget requirements.
• Design schedule and material lead times.
• Council approval of choosen materials and final product design.

Deliverables
• Design Build Alternative- consultant to provide a minimum of two (2) designs to meet the City's standards for the Gateway arch entrance as it relates to budget allowance and provided conceptual design. • Provide supporting data, descriptions and information to adequately assess the benefits and detriments of differing styles and materials for construction.
• Submittals during construction phase.

Task 2: Project Kickoff and Work Plan
To kick of the project, the selected team shall meet with the City to develop a final work plan on this RFP and the winning proposal. At a minimum, the following elements shall be included:
• Refined scope of work with detailed tasks and objectives. • Detailed schedule identifying key milestones and deliverables. • Coordination for closure of roadways with responsible agencies. • City Staff engagement plan, which includes a defined strategy to coordinate with other efforts that are underway in the City.
• Staffing plan which identifies consultant, sub consultants, and City staff roles.

Deliverables
• Meeting agenda and notes.
• Project Schedule with construction portion fully developed. • A list of subcontractors for this project.
• Evidence of liability insurance coverage and workmen's compensation for the contractor and all subcontractors.
12 74
Task 3: Project Close-out
To complete the project, the selected team shall deliver construction drawings to the City.
• Project Record Drawings: Maintain one set of contract drawings and one set of vendor-supplied drawings. Clearly mark changes, deletions, and additions to show actual constructed conditions. Keep record drawings current. On completion of the total project, submit complete record drawings. • As-Constructed Drawings: Provide as-constructed drawings by updating the Approved DB Construction Drawing AutoCAD files with information provided on the record drawings, contract modifications; and other applicable shop drawings, sketches, and data. AutoCAD files should provided. • Substantial Completion and Final Inspection: Notify the City that the project, or designated portion of project, is substantially complete, and request a final inspection. Upon receipt of notification that project is substantially complete, the City will proceed with inspection or will advise the Contractor of items that prevent the project from being designated as substantially complete. When work is determined to be substantially complete, the City will prepare a list of deficiencies ("Punch List") to be corrected before final acceptance.

If, following final inspection, the work is determined to be substantially complete, City will prepare a list of deficiencies to be corrected before final acceptance. Contractor shall complete the work described on the list of deficiencies within 30 calendar days, as weather permits. If the Contractor fails to complete the work within this time frame, the City may either replace or correct the work with an appropriate reduction in the contract price or charge for re-inspection costs.
13 75

EXHIBIT D - FEE SCHEDULE
Consultant shall provide an itemized schedule of rates and fees which includes all billing amounts and costs for each Phase. Include Exhibit D in a sealed envelope along with the RFP.

Amounts are considered to be not-to-exceed amounts. The total project budget is between $500,000 to $600,000.

Design and Work Plan ....................................................................... $ ______ _ Materials and Installation ................................................................. $ ______ _ Total Build Out Cost.. ....................................................................... $ ______ _ Consultant Rate Schedule:

The rate for any authorized additional services is shown below:

Position T Itle Hourly Rate
14 76
Exhibit B
Prior Proposals
77 THIS PAGE IS INTENTIONALLY LEFT BLANK
78 SECTION 00 41 00

BID FORM
Contractor Name: ~~--a.....O. .... ~'A-/ __ ~,c;:;.._..-c-....,1/~=vc=; --"'----'-~-=--5""----------------- BID TO PERFORM CERTAIN WORK:

City of Los Banos
520 J Street
Los Banos, CA 93635
Bids will be received up to and no later than 4:00pm on June 6, 2023 at the City of Los Banos City Clerks Office, 50 J Street, Los Banos, CA 93635.

The undersigned hereby proposes and agrees to furnish any and all required labor, materials, equipment, transportation and services for the City of Los Banos Downtown Gateway in strict conformity with the plans, specifications and other documents on file at the office of the Architect, Nichols, Melburg & Rossetto, 300 Knollcrest Drive, Redding, CA 96002.

BASE BID: . • ~tJ!IV J./JIJt
ave: Alllt.t/2.Af StHh)I <IK 711Rur1N't2 r111UFlflAllJtUJ? DoLLARs ($?~~'79.-5 If Notified within sixty (60) days of the date of receiving bids the undersigned hereby agrees to sign said Contract and furnish the necessary bonds within ten (10) days after written notice of the award of said Contract.

The undersigned has examined the location of the proposed work and is familiar with the Plans, Specifications and other Contract Documents, and with local conditions at the place where the work is to be done.

The undersigned has examined carefully all the above figures and understands that the City of Los Banos will not be responsible for any errors or omissions on the part of the undersigned in making up this Bid. (The undersigned hereby agrees the contract time noted in the Instruction to Bidders is reasonable.) ENCLOSED PLEASE FIND €:: ER'S BOrTu)CERTIFIED CHECK NO. - , OR CASHIER'S CHECK NO. - FO~ THE -- BANK, FOR$ --- - --
The undersigned agrees that all Addenda received and acknowledged· herein shall become a part of and included in this Bid. This Bid includes the following Addenda:

ADDENDA NUMBERS: I 2.

NAME OF FIRM: ~A/,1£7J;r,?.lf/ ~/47?E/l-~ __,.

TYPE OF FIRM: ~o/L4TltJA/
(Corporation, Partnership, Et~-l ✓. ~
ADDRESS: ,/5: ~~,l?f~I{ ,?,/~, "2.rL/7£ <l7/
CITY AND STATE: ~ C,f,9/1JE"J£7t?, Cd ?~112$
CONTRACTOR'S LICENSE NUMBER:_....;.9._'2. _ _ _ _ _ _ _____ ____ __ _ EXPIRATION DATE OF CONTRACTOR'S LICENSE:.__._A_--;,:-~ ~----"'-Y.- "/2.....,,_,?,::__ _________ _ The contractor's license number and expiration date as ~~ are made under penalty of perjury.

CALIFORNIA DEPARTMENT OF INDUSTRICAL RELATIONS REGISTRATION NUMBER: _ __,,_'-""C.......,=->o""-""'~ ~4-"2---------------c,,,"""----+-------- DATE: s-,,4d<? CONTRACTOR'S
CONTRACTOR NAME:
05/23 Downtown Gate y
City of Los Banos
NMR Project No. 21-6501
00 41 00- 1
79 contractor Name: Barham Inc, OBA BZ Construction
BID TO PERFORM CERTAIN WORK:

City of Los Banos
520 J Street
Los Banos, CA 93635
SECTION 00 41 00

BID FORM
Bids will be received up to and no later than 4:00pm on June 61 2023 at the City of Los Banos City Clerks Office, 50 J Street, Los Banos, CA 93635.

The undersigned hereby proposes and agrees to furnish any and all required labor, materials, equipment, transportation and services for the City of Los Banos Downtown Gateway in strict conformity with the plans, specifications and other documents on file at the office of the Architect, Nichols, Melburg & Rossetto, 300 Knollcrest Drive, Redding, CA 96002.

BASE BID: , fllli''+ .v.'..,lf' t,
N,&lf ltvr,1QRu Aer, 6,o.:fP-,wM,U> Fj!,.,·g•fivr"OC!t:I) DOLLARS($ 't :S '-'1.S:.;>71 If Notified within sixty (60) days of the date of receiving bids the undersigned hereby agrees to sign said Contract and furnish the necessary bonds within ten (10) days after written notice of the award of said Contract.

The undersigned has examined the location of the proposed work and is familiar with the Plans, Specifications and other Contract Documents, and with local conditions at the place where the work is to be done.

The undersigned has examined carefully all the above figures and understands that the City of Los Banos will not be responslble for any errors or omissions on the part of the undersigned in making up this Bid. (The undersigned hereby agrees the contract time noted in the Instruction to Bidders Is reasonable.) ENCLOSED PLEASE FIND BIDDER'S BOND, CERTIFIED CHECK NO. ______ , OR CASHIER'S CHECK NO. _ _ ___ FOR THE ______ BANK, FOR$ _ _ _ __ _ The undersigned agrees that all Addenda received and acknowledged herein shall become a part of and included in this Bid. This Bid includes the following Addenda:

ADDENDA NUMBERS: 1) 5/30/23 2,) w/£.i/23 /3-1,ift. ?,·lq.z,_J _ _ NAME OF FIRM: Barham Inc, OBA BZ Construction
TYPE OF FIRM: _,C __ o_rp .... o .... r ... a~ti-Oc.uO _______________________ _ (Corporation, Partnership, Etc.)
ADDRESS: 2204 Fairview Drive Ceres, Ca 95307
CITY AND STATE: __________________________ _
CONTRACTOR'S LICENSE NUMBER: 481523
------------------- ---- EXP I RAT IO N DATE OF CONTRACTOR'S LICENSE: 10/31/2023 ·.....c...:::.:....;:;.....:.;..;:;aa.==.=..----,----------,------ The contractor's license number and expiration date as stated herein are made under penalty of perjury.

CALIFORNIA DEPARTMENT OF INDUSTRICAL RELATIONS REGISTRATIO NUMBER: ................... ........_'"'-'-'~---------------~----,,"--..,,,....----- DATE:May 30, 2023 CONTRACTOR'S
CONTRACTOR NAME:Barham Inc OBA BZ Construction
05/23 Downtown Gateway
City of Los Banos
NMR Project No. 21-6501
00 41 00 - 1
80 Exhibit C
Current Proposal
81 THIS PAGE IS INTENTIONALLY LEFT BLANK
82 -®

GENERAL ENGINEERING
~METALS

CONTRACTORS
-
City of Los Ba nos
Subject: P&F Metals Introduction and References
Dear Mrs. Stacy Souza,

ENGINEERING/ FABRICATORS

MILLWRIGHTS
January 25, 2024
P&F Metals is a privately owned, licensed General Engineering Contactor located in Turlock, California. Established in 1956, P&F Metals has been providing high quality metal fabrication, machining, and millwright services for the industrial, agricultural and food processing communities for over sixty-eight (68) years. Our company has a reputation for performing under critical timelines, sensitive schedules and demanding quality standards. We currently employ approximately sixty (60) full-time personnel, including fabricators, field and millwright crews, engineering and project management staff, sales personnel, and accounting staff. P&F Metals' facility houses a full complement of metal fabricating equipment, including a CNC Press Brake and CNC Plasma Cutting Station. Our fully equipped field crews operate out of permanent locations in both the central and southern sections of our valley. P&F Metals frequently works in other states.

Finally, and very important, P&F Metals maintains a dynamic safety program designed to ensure compliance with good safety practices associated with our trade including sensitivity to those specific to your company and clients. Our insurance coverage's meet or exceed the standards established for our industry.

Our business license number is 74578 and our California Contractors License number is 429675. P&F Metals also has licenses in eight (8) other states and permitted to work in two (2) other states, that do not require a contractor's license.

Listed below are six (6) P&F Metals' customer references:

St. Mary's College of Cal.
1828 St Mary's Way
Moraga, CA 94575
Mr. Isidro Farias
(925) 631-4150
Hilmar Cheese Company
P.O. Box 910
Hilmar, CA 95324
Mr. Troy Roos
(209) 667-6076
Very Best Regards,
Dan Streeter
Sales Engineer
Cal State University Stanislaus
801 W. Monte Vista Ave.

Turlock, CA 95382
Mr. Michael Matoso
(209) 667-3016
Blue Diamond Growers
1300 Washington Rd.

Turlock, CA 95380
Mr. Darrell Nelson
(209) 545-6214
New Life Christian Center
2918 West Tuolumne Rd .

Turlock, CA 95380
Mrs. Michelle Perkins
(209) 667-5433
Bentley Family, LLC
1597 Esmeralda Avenue
Minden, NV 89423
Mr. Matt McKinney
(775) 782-4513
--------- 301 South Broadway Turlock, CA 95380 I 209-667-2515 I pfmetals.com --------- CA Contractors Lie. No. 429675 I ID Contractors Lie. No. RCE-49923 I NV Contractors Lie. No. 0081465 I OR Contractors Lie. No. 152771 I WA Contractors Lie. No. PFMET'*950J6 83 THIS PAGE IS INTENTIONALLY LEFT BLANK
84 January 25, 2024
City of Los Banos
520 J Street
Los Banos, CA 93635

GENERAL ENGINEERING CONTRACTORS

ENGINEERING/ FABRICATORS

MILLWRIGHTS
301 South Broadway Turlock, CA 95380 I 209-667-2515 I pfmetals.com CA Contractors license No. 429675 I OR Contractors License No. 152771 WA Contractors License NP. PFMET0 95036 I NV Contractors License No. 0081465 Regarding: Quote Number 119645, Downtown Gateway
Attention: Stacy Souza
Dear Madrun:

P&F Metals is pleased to offer the following budgetary quotation for your consideration:

Our company will provide engineering, materials, electrical, masonry, construction equipment, labor to fabricate and labor to install the "City of Los Banos Downtown Gateway" as described below:

P&F Metals will fabricate various portions for the "City of Los Banos Downtown Gateway" project. Our company will fabricate a steel arch way, equipped with vertical supports, the acrylic "Los Banos" lettering as well as the "Historical Downtown" sign, and all structural steel components to include brackets and reinforcements as depicted in the City of Los Banos provided drawings.

Project Engineering, General Fabrication and Millwrighting Services:

Our company will submit to City of Los Banos project sketches and drawings of the new "City of Los Banos Downtown Gateway" project for approval. After approval, P&F Metals will review Professional Engineering for the site work, structural requirements and concrete requirements. An engineering package for P&F Metals "Scope of Work" will be complete to obtain permits as necessary. Sketches of the items to be fabricated by P&F Metals will be submitted to City of Los Banos for approval prior to construction. "As built" project drawings will be supplied to City of Los Banos after the completion of the project.

P&F Metals will provide a Project Manager for this project. Their duties will include, but not limited to, direct oversight of design engineering, inspections, purchasing of equipment and materials, fabrication and installation schedules, subcontractor schedules and work in direct communications with City of Los Banos engineers and site manager. The P&F Metals Project Manager will be responsible to obtain the required Building Permits (to include the final permit approvals). All other permits and legal documents are to be completed and or obtained by City of Los Banos.

Quote: 119645 License No.: 429675 Telephone No.: 209-667-2515 Page I/ 4 85 All items fabricated by P&F Metals from mild steel materials will be covered with two (2) coats (approximately 5 mils) of Benjamin Moore & Company DM22 industrial grade urethane alkyd enamel paint. Prior to coating and painting, all items will be cleaned with a degreaser. Any paint colors selected is to be determined by City of Los Banos. Touch up painting at the job site is included in the project base price. Any equipment provided by P&F Metals for this project but manufactured by others will be covered with the manufacturer's standard factory paint types and colors.

Our company reserves the right to substitute materials and or equipment required for this project with "equal" brands and or types. City of Los Banos will be given written notification of a substitution prior to its purchase.

P&F Metals will provide all construction equipment, including crane service required for this project. Our company will also be responsible to unload the new equipment and materials from the trucks. The work described above will be completed during normal working hours with the schedule to be predetermined and acceptable to both City of Los Banos and P&F Metals. All shutdowns that may be required and the project schedules will be submitted to City of Los Banos for approval prior to work.

All materials and labor provided by P &F Metals will have a warranty period for one ( 1) year after the acceptance of project completion. All work and services provided by P&F Metals for this project will comply with the applicable codes.

Again, it is important to P&F Metals, that City of Los Banos understands that this proposal includes materials, equipment and labor to complete the new "City of Los Banos Downtown Gateway" Project all the way to turnkey operation. P&F Metals is properly licensed to undertake a project of this scope. Our insurance coverage exceeds the requirements for this project as listed in City of Los Banos Contract Agreement. Our current Workers Compensation Experience Modification Rate is 75. P&F Metals can obtain a bond, ifrequired for this project. Any questions or comments regarding this project, please contact Dan Streeter or Jim Vieira at 209-667-2515 or e-mail to dstreeter@p:finetals.com or jvieira@p:finetals.com .

Site and Concrete Work:

Our company will provide the required site work associated with the construction of the "City of Los Banos Downtown Gateway" Project. The work will include concrete cutting and removal as needed. Excavation of the area will also be completed by our company. The spoils to include, concrete, rebar and soil will remove from the site and disposed of lawfully. New concrete footings will be provided and constructed. Our company has budgeted $74,250.00 for concrete work assuming no obstructions or dewatering. If any unforeseen subterranean items arise that may change how we install the necessary concrete, a cost will be associated and submitted prior to any work that may continue. P&F Metals has not funded for any additional concrete or asphalt outside of what is required for the project. P&F Metals will provide all required design engineering and construction staking specific to P&F Metals Scope of Work.

Electrical Work:

P &F Metals is working with a Licensed Electrical Contractor that will provide materials, equipment, and labor to instal I a complete Electrical Package for the "City of Los Banos Downtown Gateway" project. This is only an estimate of materials, equipment and work that will be required as depicted within City of Los Banos provided plans. Please note that all required trenching, backfilling, conduits, fittings, junction boxes, copper wire, wiring devices, the electrical power package, safety switches, grounding requirements, labeling, and testing will be provided, installed and complete accordance with National Electrical Codes, I 999 Edition, local and state ordinances. The electrical equipment provided for this project will be warranted to the extent of the manufacturer's standard warranty. Workmanship will have a warranty of one (1) year from Notice of Acceptance.

Quote: 119645 License No.: 429675 Telephone No.: 209-667-2515 Page 2 / 4 86 Masonry Work:

Our company is working with a Licensed Contractor that will provide materials, equipment, and labor to install a complete Masonry and Decorative Stone Package for the "City of Los Banos Downtown Gateway" project. This is only an estimate of materials, equipment and work that will be required as depicted within City of Los Banos provided plans.

P&F Metals will provide labor and materials to demolish and install all concrete, concrete forms, footings, metal decking, rebar, P&F Metals fabricated components, electrical, and masonry.

Our company will transport the removed material to an offsite location for lawful disposal by P&F Metals.

A representative from the P&F Metals engineering department will perform a site visit to verify the location and dimensions, survey the work area and review the scope of work with the designated City of Los Banos representative.

Drawings of the new "City of Los Banos Downtown Gateway" will be submitted to City of Los Banos for review and approval prior to the start of fabrication.

P&F Metals will provide engineering, materials, construction equipment, labor to fabricate and labor to install the "City of Los Banos Downtown Gateway" as described above. The work will be completed during normal working hours with the schedule to be predetermined and acceptable to both City of Los Banos and P&F Metals. The required construction and safety equipment is included in the price below.

Again, it is important to P&F Metals, that City of Los Banos understands that this proposal includes materials, equipment and labor to complete the new "City of Los Banos Downtown Gateway" Project all the way to tum key operation. P&F Metals is properly licensed to undertake a project of this scope. Our insurance coverage exceeds the requirements for projects of this scope and size. Our current Workers Compensation Experience Modification Rate is

75. P&F Metals can obtain a bond, ifrequired for this project. Any questions or comments regarding this project, please contact Dan Streeter or Jim Vieira at 209-667-2515 or e-mail to [email protected] or [email protected].

Please Note: P&F Metals has budgeted and included in the project value, listed below, $10,000.00 for freight of materials and equipment to the jobsite. The actual freight cost will be noted on the final invoice.

NOT INCLUDED:
a. Permits or Special Inspections.
b. Professional Engineering.
c. Dedicated Fire Watch After Working Hours.
d. Housecleaning Prior to Start of Work.
e. Any Items Not Described in the Quotation Above.

Quote: 119645 License No.: 429675 Telephone No.: 209-667-2515 Page 3 / 4 87 The project's completion date is to be determined between City of Los Banos and P&F Metals after the project has been awarded to P&F Metals.

The projects Sales Tax is calculated on current tax laws at the time of project completion or delivery.

P&F Metals has been serving industries like yours since 1956, and as a representative of P&F Metals®, I thank you for the opportunity to furnish you this quotation. We hope to be favored with your business.

Sincerely,
Daniel Streeter
Sales Engineer
Quote: 119645 License No.: 429675 Telephone No.: 209-667-25 I 5 Page 4 / 4 88 January 25, 2024
City of Los Banos
520 J Street.

Los Banos, CA 93635
Attention: Mrs. Stacy Souza
-®
ETALS

GENERAL ENGINEERING CONTRACTORS

ENGINEERING/ FABRICATORS

MILLWRIGHTS
Subject: P&F Metals Labor Rates for 2024
Dear Mrs. Souza,
The following is P&F Metals offering of 'Time and Material" labor rates for T&M Work at City of Los Banos, in the Los Banos, California for 2024. The rates represent a structure designed to cover overhead expenses and profit, with profit being strongly associated with national standards for companies like us. As President and General Manager of P&F Metals, it is my duty to closely monitor our industries health, insuring our constant competitiveness.

It must be noted that P&F Metals, now celebrating our sixty-eighth year in business, maintains staffing designed to tackle jobs requiring innovative thinking, quick action, full service, and safety-oriented crews. We have project design and management staff, professional engineering (P.E.), fabrication facilities, machining facilities, and grinding facilities all housed in over 22,000 square feet of workspace. Our fully equipped field crews operate out of permanent locations in both the central and southern sections of our valley.

The following labor rates are current and will remain in effect for the project stated above.

1. Design Engineering, $130.00 per hour.

2. Working Field Supervisor (one per crew of up to 6 men including supervisor) $130.00 per hour.

3. Fabrication Labor (at P&F facilities), $120.00 per hour per man.

4. Field Millwright, $120.00 per hour per man.

5. Prevailing Wage Millwright, $195.00 per hour per man.

6. Certified Welder if required in job scope, $185.00 per hour per man, with equipment.

7. Laborer, $68.00 per hour (normally clean up, fire watch, materials handling, etc .. . ).

8. Per Diem will be charge out at $160.00 per man, per night (if applicable).

9. Materials and Equipment, cost plus 15% and 12% overhead.

10. Work by Subcontractors, cost plus 15%.

City of Los Ba nos Page 1 of 2
--------- 301 South Broadway Turlock, CA 95380 I 209-667-2515 I pfrnetals.com --------- CA Contractoro Lie. No. 429675 I ID Contractors Lie. No. RCE-49923 I NV Controctors Lie. No. 0081465 I OR ContractorG Lie. No. 152771 I WA Contractors Lie. No. PFMET**950J6 89 Equipment owned by P&F Metals such as welding machines, cutting equipment and hand tools is included in our labor rates, and therefore have no additional cost.

Labor at P&F Metals is based on a standard 40 hour workweek. Each workweek commences Monday morning at 12:01 A.M. and ends Friday at 11:59 P.M. and consists of 5 each 8-hour workdays.

As established above, the overtime (1-1/2 times normal rate) and double time (2 times normal rate) rates for the workweek scenario are as follows: All hours worked more than 40 for the workweek, or in excess of eight and not more than 12 for the workday, and for the first eight hours on the seventh consecutive day of work in one workweek, shall be charged as overtime. All hours worked more than 12 in one workday and more than eight on the seventh consecutive workday in a workweek shall be charged at double time.

These labor rates have been established and follow current California State Law. Finally, and particularly important, P&F Metals maintains a dynamic safety program designed to ensure compliance with good safety practices associated with our trade including sensitivity to those specific to your company and clients. P&F Metals Experience Modification Rate is 73. Our insurance coverage meets or exceeds the standards established for our industry.

Our California Contractor's License number is 429675. P&F Metals is also licensed in eight (8) other states and permitted to work in two (2) additional states, which do not require a contractor's license.

Again, P&F Metals is recognized for its excellent quality workmanship and forward thinking. I thank you for the opportunity to provide you with the above information. If I can be of any assistance, please contact me.

Best Regards,
P&F Metals
Jim Vieira
President
-~!* P&F Metals. Integrity is our true metal.
90 91
2 // P&F
DUR STORY BEGINS OVER 60 YEARS AGO IN 1956.

Founded by Mr. Frank Finnegan, P&F Metals began as a sheet metal and HVAC contractor. Mr. Finnegan's son, Robert, grew the company and positioned it to work in many other fields in the 1980s. It was during this time that Robert acquired a general engineering license which opened the door to much larger projects. Jim Vieira and Garry Pinheiro purchased P&F Metals in 2002 and expanded the business by adding expert staff with experience in three primary industries-Food & Beverage, Agriculture and Industrial.

At P&F Metals, we've worked hard to earn a long-standing reputation for expertise in project and design engineering, fabrication, construction and millwrighting services.

Our people make the difference. The engineering department, led by Mark Fagundes, manages a talented team of project engineers w,th experience in many different industries. The P&F Metals fabrication department is managed by Sam Crockett and is staffed with some of the best craftsmen and fabricatms on the West Coast. This can also be said of our field department. which Is responsible for assembly and installation of the products bui!t by i'&F Metals.

Ingenuity and attention to detail have made it possible for us to expand and provide high-quality services in five states. From Washington, Idaho and Oregon, all the way to California and Nevada and coming soon to Arizona! P&F Metals has become the go-to name for the Food & Beverage, Agriculture and Industrial communities.

Vl/e maintain state-of-the-art training and practices to stay abreast of the changing technologies in each of our clients' industries, paying particular attention to food safety, automation, material handling and workplace safety.

P&F Metals' list of clients is a veritable who's who in each oftheirgiven industries, and there's a reason these blue-chip clients continue to come back.

IT'S BECAUSE AT P&F METALS, INTEGRITY IS DUR TRUE METAL.

FOOD & BEVERAGE INDUSTRY

FOOD & BEVERAGE
Food & Beverage is one of the most challenging industries in the world, with ever-changing food safety standards and clean manufacturing techniques, you need a company with experience and state-of-the-art skills.

P&F Metals' projects in the Food & Beverage industry range from major players like Foster Farms to Bently Heritage distillery in Nevada.
92 ISHIDA PACKAGING
COVERS
fRllO lAY, NORTHtRN CAllfORNIA
Packaging Covers are a crucial part
of the packaging system at Frito
Lay. They prevent contaminates and
foreign materials from falling into the
Ishida Packaging Scale Hoppers. P&F
Metals designed and fabricated these
from 304 stainless steel materials,
meeting stringent food safety criteria.
4 II PIF

ISHIDA PACKAGING
& COMPONENT WASH STATIONS
fRITO lAY, NORTHfRN CAllfORNIA
The Frito Lay plarit in northern California needed ergonomic and easy to use wash & dry stations to wash & dry Ishida Packaging components. P&F Metals designed, fabricated
and installed these usirig 304 stainless steel materials.

TURLOCK BREWERY BASE PLATES,

CATWALKS AND DRAIN SYSTEM
OUSl BOWl BRtWING COMPANY, CtNlRAl CAllFORNIA
P&F Metals has had the pleasure of working with the enormously popular craftbeer house. Dust Bowl Brewing Company, at their new Central California facility.

P&F Metals designed, fabricated and installed many key components, from the tank base plates and in-floor drainage systems to the access platforms and catwalks over the product and brewing tanks. Everything was fabricated from 304 stainless stee! m2tedals and polished to meet the required finishes.

P&F// /I 5
93 ~ ....
6 1/ PIF
•LDIN&. IT'S IN OUR DNA.

WE DESIGN IT. WE BUILD IT. WE BACK IT. 1DO%.

Having our experienced team of project managers in the field working with engineering and design creates a synergy like no other. Having everyone on the same team ensures communication, scheduling, deadlines and budgets are all achieved with the highest degree of efficiency.

OUR MISSION
Building lasting relationships through experienced planning, design, engineering & implementation, while keeping safety as job one.

DUR FAMILY OF COMPANIES
Since 1956 we've been building, evolving, and expanding into a family of companies that together, create a synergy of experience and disciplines that can handle any project of any scope. Though we've become well known as problem solvers and innovators in agriculture, food and beverage, feed and seed as well as industrial sectors, we've grown to into a family of companies that can handle the most challenging situations regardless of industry. ----

AGRICULTURE FEED/SEED
60 YEARS OF EXPERIENCE
P&F Metals experience in Agriculture/Feed & Seed goes
back 60 years with a well established reputation and highquality work and for meeting demanding project challenges and t,melines. From A.L. Gilbert to Cargill, P&F Metals is the go-to ergineering and construction company for many major agricultural and mill projects in the western region of the United States.
94 8 // P&f

FEED MILL AND BUSINESS OFFICES
fOSTER f ARMS
P&F Metals has a long-standng working relationship with Foster Farms and they engaged us to design a new feed mill business ofhce, equipped with multiple offices, rest rooms and an emplo-1-2e break rccT1 in Turlock Caiifornia, Our company also coostn.1ct~d ,J,e new TrLJck: Loadout Fa<dity.

All design, pmfes51or,3\ ':'f'lgi('leerir19. site a~d concret.e work, equipment, struct..:res, ..:-vstom fab!°ication. instaliatior. ar-d construction m:i:<cgement vras pra-,1ided by P&F Metals. The l oadout bins v,ere provtde-d by Steel Structures.

GRAIN STORAGE FACILITY AND GRAIN

HANDLING & PROCESSING FACILITY
mm fAMllY, UC
P&F Metals was challenged with a one-of-a-kind project for this new distillery in Nevada. We resourcefully provided unique design and professional engineering along with custom fabrication, equipment, installation and construction for a huge new processing facility. This facility processes grain for the malting pmces!:. 'We al~c c-:niitructed a clean Grain Storage Facility consisting of 25 Product Storage Bins and the needed Materials Handling Systems to enable the optimum funcnvri
PU // ,. T .,, \l-•t1tl fl 9
95 ID // PaF
WHERE YOU NEED US.

SERVING THE WESTERN REGION OF THE UNITED STATES
Ingenuity and attention to detail have made it possible for us to expand and provide high-quality services in five states. From Washington, Idaho and Oregon, all the way to California, Nevada and coming soon to Arizona. P&F Metals has become the go-to name for the Food & Beverage, Agriculture and Industrial communities.

CONTRACTORS LICENSE NUMBERS
WA PFME1"9S036
OR 152771
ID R.CE-49923
CA 429675
NV 91 465
AZ Pending
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INDUSTRIAL

DESIGNED, ENGINEERED AND CONSTRUCTED
The Industrial sector is a broad and varied industry and P&F Metals has a wealth of experience to offer businesses in this area. From construction to manufacturing, from steel buildings to metal fabrication and equipment installation, P&F Metals has designed, engineered and constructed a
variety of large-scale, major projects in the industrial arena. 96 12 // P&F

CALIFORNIA STATE UNIVERSITY, STANISLAUS
NtW srnOIUM SEATING ANO PRtSS BOX
This Califom:a State Unive,sity needed additional stadiurT1 seating and a v.-ork!n-g pre:;s box at their beautiful baseball stadium in northero California Our company provided the design engineering, profeso;ional engineering, construction and construct,on management for the entire project. Th,s indudes the new stadi1..1m seat:ng area and the state-of-theart press box for the Men's Baseball Field at the University.

We provided ar.d •!1stalled all the hand railing systems as well as the sta,iway to the new press b•.)X and all structural support steel for the complex

NEW LIFE CHRISTIAN CENTER
BUllOING AWNINGS, MtZZANINtS ANO STAIRWAYS
P&F Metals took great pride in fabricating and installing these highly visible building awnings from mild steel structural shapes. Our company also had the opportunity to fabricate and install the mezzanines and stairways, helping to create a bea•Jtiful interior foe this thriving church building.

P&F i/ // 13
97 U // P&F
DESIGN ENGINEERING & DRAFTING The success of every project begins and ends on the precision and innovation that's initiated in the early
planning and design stages, P&F Metals has what it
takes from start to finish,
TANKS - FABRICATION & INSTALLATION From dairy and food tanks to feed and grain tanks, get the experts at P&F Metals on the job and you'll quickly discover why so many of our clients, keep coming back.

DESIGN-BUILD APPROACH With our Design-Build approach, everything works together to benefit you, the client, because the Designer, the Engineer, and the Builder are all on the same team, PIPING SYSTEMS - PROCESS & MECHANICAL The design, building & installation of piping and process systems is crucial to your project Let P&F Metals' years of experience deliver a system that will keep everything running at optimum levels.
3D SCANNING CAPABILITIES When technology meets true innovation, it just raises the bar. P&F Metals utilizes the latest 3D scanning
technology to save you time & money by building a high
resolution, accurate 3D model of your site, From design to implementation, P&F Metals has you covered.

AIR POLLUTION CONTROL SYSTEMS
Meeting today's demanding clean air standards is an
ever-growing challenge. Look to P&F Metals for a full
complement oi air pollution control systems for the
industrial; agricuitural, and food processing industries.

PLANT & PROCESS FLOW DESIGN It's always e.x,::iting 1-•,hen vve g-et !he oppcttur<ity 10 tnriy inr.ova1e i!', pla'.it 3r"'ld profess fic~v desig..-1.

CNC PLASMA CUTTING, SHEARS, ROLLS
& PRESS BRAKES When it comes to custom metal fabrication, P&F Metals' state-of-the-art plasma cutting torches, shears, rolls, and press brakes are just one of many ways that P&F Metals
is able to bring cutting-edge solutions to every project.

SERVICES
CUSTOM METAL FABRICATION At P&F Metals, we are known problem-solvers, Our decades of custom metal fabricat ion experience makes
us uniquely qualified to find the •nnovative solution that will make your project the bes, 1t can be,
IN-HOUSE CRANE SERVICES The P&F rl!et3fs toearn are experts at saving our clients money. Ha,ing ou~ own crane is JUSt one of the many
ways that we get the pb done while helping with the
bottom llli<?.

PROJECT MANAGEMENT
P&F Metals' Project Managers are in the field regulady
and have the ,.eal-wo.-ld experience and knowledge
you r,eed to keep your project on track, Experienced
Project Management is just one of the many ways that
P&F Metals keeps you on or under budget. so you can
concentrate c,n the big picture.

PROFESSIONAL ENGINEERING Within our family of companies, our professional engineering teams, work tirelessly to ensure precise, and t;me-saving Professional Engineering. We're licensed in Civil, Structural and Architectural Engineering, serving our clients both on-site and at our headquarters in the heart of California.

MATERIAL HANDLING SYSTEM Material handling & conveying systems are at the heart of your production system and P&F Metals has the
expertise to install and deliver a system that will save you money and keep your operation running for years
to come.

MILLWRIGHT SERVICES From m!talling t:,:,rweyors k,r it;dustrial systerl"s to metal fabrlcat,or. and custom design, a modern millwright
needf to be an e:Kpert in many flelds. P&F Metals has
been providing millwright services for over 60 years. Let us b ril"1g our V/e3ith of experience to your next project.

STRUCTURAL STEEL FABRICATION & ERECTION V'Je are weli-ver·5ed 1n al! aspects of structural steel .

As renowned problem-solvers arid expert metal
fabricate rs. P&F Metals will find a solution or we'll build one from scratch
Pl..4,

DUR COMMITMENT TD SAFETY
"AT P&F METALS, OUR COMMITMENT TO SAFETY
IS A PART OF EVERYTHING WE DO."
-Jim Vieira
As an industry leader in safety, P&F Metals has a fully trained staff that maintains a dynamic safety program. Our proven Safety Program .is desigr:ed to eDsure cornplianc:B with good safety practices as.sedated with Gl F' trade. This includes sensitivity t':J the specific safety practices for yoi...r industry. cornpa:1y, and die:-its. The cbje,:tive of P&:= Metals' extensive Safety Program is to rneet and even exceed the Occupat;onal Safety and Health t>.dministrat•ocs' (OSHA) standards and elirninate accidents and emp!oyee injury. Our policy is to take a p0oactive aPProach to employee safety i hrough quality hiring practices. job hazal"d analysis. adrninistrntive cor,.trcls. and tra ining by safety experts in their fields. P&F Metals ir.vests in our clients, business partr,ers, and employees to ccntinue our strong commitment to safety.

OUR EMPLOYEES ARE TRAINED IN THE FOLLOWING AREAS
✓ OSHA 10 Hour Course
✓ OSHA 30 Hour Course
✓ Confined Space Entry and Retrioaval
✓ Fall Protection
✓ Lockout/Tagout
✓ Heat Stress Safety
✓ Hazardous Communication
✓ MSHA (Mine Safety & Ilmllh .4dminislration)
✓ Personal Protection EquipmeM
✓ Fork Lift & Man Lift
Operator Safety
✓ CPR & First Aid
✓ Food Safety
(.~pP.r:1/lc Ir'/ 1mm1;fm:l11ri1.~ (tir- lht> food ill(l11.1lry) ✓ Work Place Safety
✓ Rigging & Signal Certified & more
In addition, we partner with Cra ig Safet.v Group at our job ,~iles and our California facilitic.~.

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1. 2.

3. 4.

5. 6.

7. 8.

9. Project to be Bid as Lump Sum with the following prices broken out "Downtown Gateway", P&F Metals Quotation Number U9645 Exhibit A Please list your pricing by each category
Total cost of Design and Professional Engineering
Total cost of Materials and Merchandise
Total cost of Fabrication Labor
Total cost oflnstallation Labor
Total cost of Equipment
Total cost of Subcontracting
Total cost for Safety and Jobsite Allocations
Total cost for Project Freight
Total Project Subtotal

10. Total project tax (8.75%)

11. Total Project Value
Taxable Non-Taxable Total
$2,000.00 $11,700.00 $13,700.00
$78,379.74 $78,379.74
$55,200.00 $55,200.00
$56,400.00 $56,400.00
$4,245.26 $17,164.80 $21,410.06
$290,398.00 $290,398.00
$54,600.00 $54,600.00
$5,950.00 $5,950.00
$430,223.00 $145,814.80 $576,037.80
$12,234.69
$588,272.49
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LOsBanos

REQUEST FOR PROPOSAL RESULTS

DOWNTOWN GATEWAY SIGN
January 26, 2024 - 4:00 p.m.

1. P & F Metals

2. Valley Construction Services, Inc.

Signed:\ ~ l ,
Sara Blevins, CMC
Assistant City Clerk/HR Analyst
Dated: January 26, 2024
Community & Economic Development Director
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AGREEMENT FOR CONTRACT SERVICES

BETWEEN THE CITY OF LOS BANOS AND P&F METALS FOR THE LOS

BANOS DOWNTOWN GATEWAY SIGN PROJECT
THIS AGREEMENT FOR CONTRACT SERVICES is made and entered into this day of ___ , 2024, between CITY OF LOS BANOS, a California municipal corporation ("City") and Turlock Sheet Metal and Welding, Inc., dba: P&F Metals ("Contractor");

RECITALS
A. WHEREAS, City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California; B. WHEREAS, Contractor submitted a responsible proposal in response to a Request for Proposals prepared by the City of Los Banos for the Los Banos Downtown Gateway sign Project;
C. WHEREAS, City has determined that Contractor is qualified by experience and ability to render such services; and
D. WHEREAS, City and Contractor desire to set forth their rights, duties and obligations in connection with the services to be performed.

NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:

1. SCOPE OF WORK AND COMPENSATION

1.01. Scope of Work. Subject to the terms and conditions set forth in this Contract, Contractor shall furnish all labor, materials, services, transportation, and equipment necessary to design and construct a Downtown Gateway Sign as described in the City's Request for Proposals dated December 22, 2023, and Contractor's Proposal dated January 25, 2024, and as further set forth in Exhibit A attached hereto and incorporated herein by this reference. Contractor shall not be compensated for any work for services rendered in connection with its performance of this Contract, which are in addition to or outside of the Scope of Work, except as expressly provided for herein. It shall be Contractor's responsibility to ensure that the scope and price of any Extra Work to be performed by Contractor is approved by City in writing in advance of Contractor's commencement of the Extra Work.

1.02. Compensation. The total amount to be paid under this Contract for all of the work set forth in Section 1.01 above shall not exceed $588,727.49 in accordance with the Proposal submitted by the Contractor dated January 25, 2024, Exhibit B attached hereto and incorporated herein by this reference. This price includes all costs for labor, materials, tools, equipment, services, warranty, taxes, insurance, overhead, profit and all other costs necessary to perform the work in accordance with this Contract. The cost or compensation for any Extra Work shall be

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mutually agreed upon by the parties in writing.

1.03. Billing. Compensation for design and fabrication of $250,000 shall be paid upon approval and execution of this Contract; subsequent milestones of construction and installation shall be invoiced by the Contractor to the City upon completion of each milestone. City shall pay Contractor within thirty (30) days of receipt and approval of the invoice by City staff.

1.04. Time for Performance. Time is of the essence in the performance of services under this Contract. After the Contract has been executed by City, Contractor shall begin work after the effective date of the Notice to Proceed issued by City and shall diligently and timely manner prosecute the work from the effective date of the Notice to Proceed. All work under this Contract shall be completed before the expiration of 180 calendar days from the commencement date specified in the Notice to Proceed. The failure by Contractor to perform the services in a diligent and timely manner shall constitute a material breach of this Contract and may result in termination of this Contract by City.

2. GENERAL WORK REQUIREMENTS

2.01. Standards. Contractor agrees that all Services shall be performed in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and warrants that it, its employees and subcontractors shall have sufficient skill and experience to perform the Services and that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained in good standing throughout the term of this Contract.

2.02. Public Convenience. Contractor shall so conduct its operations as to offer the least possible obstruction and inconvenience to the public and to owners of abutting property.

2.03. Traffic Control Measures. Contractor shall provide appropriate vehicular, pedestrian and bicycle traffic control measures. All work shall be planned and carried out so that there is least possible inconvenience to vehicular and pedestrian and bicycle traffic along the project area.

2.04. Sound Control Requirements. Contractor shall comply with all local sound control and noise level rules, regulations and ordinances that apply to any work performed pursuant to the Contract. Unless otherwise provided in writing, work shall be limited to Monday through Friday from 8:00 a.m. to 5:00 p.m.

2.05. Safety Requirements. Contractor shall comply with all safety requirements prescribed by applicable federal, state and local laws and regulations to ensure the safety and health of those working and the local community. Contractor shall assume all responsibility for public safety during the course of the work and all such costs shall be included in the Contract price.

Whenever Contractor's operations create a condition hazardous to traffic or to the public, it shall furnish, erect and maintain, at its expense, such fences, barricades, lights, signs and other devices 2 01.19.2024 WAV
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and take such other protective measures as are necessary to prevent accidents or damage or injury to the public.

2.06. Special Provisions. This agreement shall include all other terms and conditions, if any, as are set forth in Exhibit C attached hereto and incorporated herein by this reference.

3. CONTRACTOR'S RESPONSIBILITIES

3.01 . Responsibility for Damage. Contractor shall be responsible for any loss or damage that may happen to the work and for any loss or damage to any of the materials of other things used or employed in performing the work.

3.02. Indemnification and Hold Harmless. Contractor shall indemnify, defend and save harmless City, and its officials, officers, employees, volunteers and agents against all suits, claims or losses (including attorneys' fees and expenses) that may be based on any injury or damage to, or death of any person or any damage to property that may occur, or that may be alleged to have occurred, arising from the performance of this Contract by Contractor, its subcontractors or employees, whether or not it shall be claimed that the injury was caused through an act or omission of Contractor, its subcontractors, employees or other agents, except for the sole negligence, active negligence or willful misconduct of City. Contractor shall, at its own expense, pay all charges of attorneys and all cost and other expenses arising or incurred in connection with such suits, claims or losses. If any judgment shall be rendered against City in connection with any such suit, claim or loss, Contractor shall at its own expense satisfy and discharge it.

3.03. Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City.

A. Certificates o( Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by the City Attorney prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Contract.

B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies.

C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A ( or higher) and Financial Size Category Class VII ( or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City Attorney.

D. Coverage Requirements.
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i. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
ii. General Liability Coverage. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence, four million dollars ($4,000,000) general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Contractor's general liability policies shall be primary and non-contributory, and be endorsed using Insurance Services Office form CG 20 10 to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. For construction contracts, an endorsement providing completed operations to the additional insured, ISO form CG 20 37, is also required. 111. Automobile Liability Coverage. Contractor shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than one million dollars ($1,000,000) per accident. If Contractor owns no vehicles, this requirement may be met through a non-owned auto endorsement to the CGL policy.

E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Contractor.
ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to City.

Any insurance maintained by City, including any self-insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. 111. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers.
v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers.
4 01.19.2024 WAV
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vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (IO calendar days written notice of non-payment of premium) written notice has been received by City.

Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Contract, or the extent to which Contractor may be held responsible for payments of damages to persons or property.

3.04 Payment of Taxes. The Contract prices paid for the work shall include full compensation for all taxes which Contractor is required to pay, whether imposed by Federal, State or local government, including, without being limited to, Federal excise tax. No tax exemption certificate or any document designed to exempt Contractor from payment of any tax will be furnished to Contractor by City, as to any tax on labor, services, materials, transportation, or any other items furnished pursuant to the Contract. Contractor shall withhold and pay any and all sales and use taxes, withholding taxes, whether State or Federal, Social Security taxes, State Unemployment Insurance charges and all other taxes that are now or hereafter may be required to be paid or withheld under any laws.

3.05. Permits and Licenses Contractor covenants and declares that it has obtained all certificates, licenses, permits or the like required of Contractor by any and all national, state, regional, county, city or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the services contracted for under this Contract. Contractor shall comply with all permits applicable to the work. Contractor has and shall maintain the appropriate State Contractor's License, pursuant to Chapter 9 of Division 3 of the California Business and Professions Code.

CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED BY

THE CONTRACTORS' STATE LICENSE BOARD WHICH HAS JURISDICTION TO

INVESTIGATE COMPLAINTS AGAINST CONTRACTORS IF A COMPLAINT

REGARDING A PATENT ACT OR OMISSION IS FILED WITHIN FOUR YEARS OF THE DATE OF THE ALLEGED VIOLATION. A COMPLAINT REGARDING A LATENT ACT OR OMISSION PERTAINING TO STRUCTURAL DEFECTS MUST BE FILED WITHIN 10 YEARS OF THE DATE OF THE ALLEGED VIOLATION. ANY QUESTIONS CONCERNING

A CONTRACTOR MAY BE REFERRED TO THE REGISTRAR, CONTRACTORS' STATE LICENSE BOARD, P.O. BOX 26000, SACRAMENTO, CALIFORNIA 95826.

3.06. Labor Code Requirements. Attention is directed to the following requirements of the Labor Code:
a. Labor Non-Discrimination. Contractor shall comply with Section 1735 of the Labor Code which provides Contractor shall not discriminate against any employee who is employed on the work because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status or sex of such persons, except as provided in Section 12940 of the Government Code. b. Prevailing Wages. Contractor shall comply with California Labor Code Sections 5 01.19.2024 WAY
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1770 to 1780, inclusive.
c. Payroll Records. Contractor's attention is directed to the following provisions of Labor Code Section 1776. Contractor shall be responsible for the compliance with these provisions by his subcontractors. Contractor and each subcontractor shall preserve their payroll records for a period of three (3) years from the date of completion of the Contract. d. Workers' Compensation. Pursuant to the requirements of Section 1860 of the California Labor Code, Contractor will be required to secure the payment of workers' compensation to his employees in accordance with the provisions of Section 3 700 of the Labor code. By signing this Contract, Contractor certifies the following:
"I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract."

3.07. Warranty. Contractor warrants to City that all materials and equipment furnished shall be new, free from liens, encumbrances, faults and defects, and of good quality and fit for the purpose intended.

Contractor warrants and guarantees after the date the City accepts the Work that the materials and labor necessary for the Work shall operate as warranted. During the term of this warranty (20 year material warranty) and (5 year labor warranty) Contractor shall, without delay, provide all materials, parts and labor, at its own expense, which are necessary to repair and/or correct any and all defects, installation or operational failures in the equipment from any cause so that said Work will function successfully as originally contemplated. Notwithstanding the foregoing, Contractor shall not be required to bear the expense of correction of any failure in the equipment that is caused by the sole or active negligence or willful misconduct of the City. Should Contractor fail to act promptly or in accordance with this requirement, or should the situation require that repairs or replacements be made before Contractor can be notified, the City may, at its option, make the necessary repairs or replacements or perform the necessary work and Contractor shall pay to the City the actual cost of such repairs. Contractor shall also pay to the City and attorneys' fees incurred to enforce this guaranty. This warranty by the Contract is in addition to any warranties or guarantees required or provided by the manufacturer or supplier.

3.08. Independent Contractor Status. Contractor shall independently perform all work under this Contract and shall not be considered an agent or employee of City; nor shall Contractor's subcontractors or employees be considered as subagents of the Owner.

3.09. Hazardous Chemicals and Wastes. Should any release, discharge, leakage, spillage, emission or pollution of any hazardous chemicals or wastes occur due to Contractor's work, then Contractor at its sole cost shall clean all affected property to the satisfaction of City and any governmental body with jurisdiction. Contractor shall immediately report any such release to the · City's Project Manager. If the performance of the work outlined by these Contract Documents 6 01.19.2024 WAY
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creates any hazardous wastes, Contractor shall properly dispose of such wastes in full accordance with federal, state and local laws, at its expense.

3.10. Compliance with Laws. All work performed by Contractor under this Contract shall be in accordance with applicable federal, state and local requirements, including, but not limited to environmental laws and laws regarding disposal of hazardous wastes.

3.11. Non-collusion Declaration. By executing this Contract, Contractor declares that only persons or parties interested in this Contract are those named in Contractor's Proposal and that such proposal was not made in the interest of or on behalf of any undisclosed person, firm or organization; that the proposal was genuine and not collusive or sham; that the signatory to this Contract has not directly or indirectly induced or solicited others to put in a sham proposal, or to refrain from proposing; and that the signatory to this Contract has not in an manner sought by collusion to secure for itself an advantage over other potential proposers.

3.12. Conflicts of Interest. Contractor covenants and declares that other than this Contract, it has no holdings or interests within the City or business holdings or agreements with any official, employee or representative of City and shall disclose any such holdings or interests to City in writing.
3 .13. Discrimination Prohibited. Contractor covenants and agrees that in performing the services required under this Contract, Contractor shall not discriminate against any person on the basis of race, color, religion, sex, sexual orientation, national origin, ancestry, age or disability.

4. GENERAL PROVISIONS

4.1 Liquidated Damages. If Contractor fails to complete the Work within the Contract Time, the City will sustain damage. The actual occurrence of damages and the actual amount of the damages which the City would suffer if the Work were not completed within the Contract Time would be impracticable and extremely difficult to determine. Damages the City would suffer in the event of delay include, but are not limited to, loss of the use of the Work, costs of administration, inspection, supervision and the loss suffered by the public within the City.

Accordingly, the parties agree that the amount herein set forth is a reasonable estimate of the damages which the City shall incur upon failure of the Contractor to complete the Work within the Contract Time: Five Hundred Dollars per day ($500/Dav), for each calendar day by which completion of the Work is delayed beyond the Contract Time. Contractor agrees to pay such liquidated damages as herein provided, and in case the same are not paid, agrees that the City may deduct the amount thereof from any monies due or that may become due to the Contractor under the Contract.

4.2. Termination. City shall have the right to terminate Contractor's right to proceed with some or all of the work and may terminate this Contract at any time by providing written notice thereof at least thirty (3 0) calendar days in advance of the termination date. In the event of termination, City shall pay Contractor for the reasonable value of services rendered by Contractor prior to termination; provided, however, City shall not in any manner be liable for lost profits 7 01.19.2024 WAY
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which might have been made by Contractor had the contract not been terminated or had Contractor completed the services required herein. The foregoing is cumulative and does not affect any right or remedy that city may have in law or equity.

4.3. Controlling Law and Venue. City and Contractor agree that the law governing this Contract shall be that of the State of California. Any suit brought by either party against the other arising out of the performance of or otherwise relating to this Contract shall be filed and maintained in the County of Merced.

4.4. Assignment and Subcontracting. Neither this Contract nor any interest herein nor any claim hereunder may be assigned or subcontracted by Contractor either voluntarily or by operation of law, without the prior written consent of City. No such consent shall relieve Contractor of its obligations to comply fully with the requirements of this Contract.

4.5. Records. Contractor will permit City to audit, examine, and make copies of all contracts, invoices, materials, payroll records of personnel, conditions of employment and or data relating to all matters covered by this Contract. Except as otherwise authorized, such records shall be maintained for a period of three years from the date that final payment is made under this Contract.

4.6. Waiver. Failure of City to insist upon strict performance of any of the terms and conditions hereof, or failure or delay to exercise any rights or remedies or to properly notify Contractor in the event of breach, or the acceptance of or payment for any good hereunder, shall not release Contractor of any of the warranties or obligations of this Contract and shall not be deemed a waiver of any right of City to insist upon strict performance hereof.

4. 7. Notices. Any notices required to be given pursuant to this Contract shall be deemed to have been given by their deposit, postage prepaid, in the United States Postal Service, addressed to the parties as follows:

To City:

To Contractor:

City of Los Banos
520 J Street
Los Banos, California 93635
Attn: Stacy Souza Elms
P&F Metals
301 South Broadway
Turlock, CA 95380
Attn: Dan Streeter
Nothing hereinabove shall prevent either City or Contractor from personally delivering any such notices to the other.

4.8. No Personal Liability. No member, official or employee of City shall be personally 8 01.19.2024 WAV
112
liable to Contractor or any successor in interest in the event of any default or breach by City or for any amount which may become due to Contractor or successor on any obligation under this Contract.

4.9. Entire Agreement. This Contract contains the entire agreement of the parties with respect to the subject matter of this Contract. Any modifications to this Contract shall be in writing.

4.10. Authority to Contract. Contractor covenants and declares that it has obtained all necessary approvals to bind Contractor to this Contract and that the representative signing the Contract is authorized to do so.

4.11. Integration. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein.

4.12. Amendments. This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney.

4.13. Severability. If any part of this Contract is found to be in conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of the Contract shall continue to be in full force and effect.

4.14 Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Attachments, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, the conflict shall be resolved by giving precedence in the following order, if applicable:

This Agreement, the City's Request for Proposals, the Contractor's Proposal.

IN WITNESS WHEREOF, the parties hereto have executed this Contract on the dates set forth below.
9 01.19.2024 WAV
113
Date: --- 2024 ---"
Date: -----~ 2024
ATTEST:

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

William A. Vaughn
City Attorney

01.19.2024 WAV
Turlock Sheet Metal and Welding, Inc.

DBA: P&F Metals
by:

CITY OF LOS BANOS, a California
municipal corporation
by:
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TO:

FROM:

DATE:

LclsBanos
I tilt' rossroads oj alijo1 n,a
Agenda Staff Report
Mayor Llanez and City Council Members
Stacy Souza Elms, Community and Economic Development Director ~ April 1 7, 2024
TYPE OF REPORT: Public Hearing
SUBJECT: Consideration of Conditional Use Permit #2024-02 to Allow the Use of a Type 21 Alcohol License for the Off-Sale of General Alcohol for Western Singh Stores, Inc., OBA: Los Banos Liquor Located at 947 W. Pacheco Blvd., Suite. A
Recommendation:

That the City Council adopt a Resolution approving a CEQA Categorical Exemption pursuant to Section 15301, Existing Facilities and approve Conditional Use Permit #2024- 02 to allow the sale of alcohol under a Type 21 off-sale general alcohol license for Western Singh Stores, Inc., OBA: Los Banos Liquor located at 947 W. Pacheco Blvd., Suite A; more specifically located on APN: 431-020-002.

Background:

On February 28, 2024, the Los Banos Planning Commission held a public hearing to review Conditional Use Permit #2024-02 for the use of a Type 21 alcohol license for the off-sale of general alcohol at 947 W. Pacheco Blvd., Suite A. At the public hearing, the Planning Commission considered the application, including the staff report, presentation by staff, and public comment. As the recommending body, the Planning Commission recommended approval of Conditional Use Permit #2024-02 to the Los Banos City Council.
1 123
Discussion:

The City of Los Banos is in receipt of request for Conditional Use Permit from the applicant, Western Singh Stores, Inc., dba Los Banos Liquor, to allow a Type 21 ABC offsale license for a convenience/ liquor store. A conditional use permit is required for any type of alcohol sales/ use within the city of Los Banos with consistency to the Los Banos Municipal Code. Western Singh Store, Inc., dba Los Banos Liquor, will conduct business seven (7) days a week, Monday through Sunday from 8:00 a.m. until 11 :00 p.m. The property is located within the Highway Commercial Zoning District.

LOCATION AND ACCESS:

The project site is located within the San Luis Plaza at 947 W. Pacheco Blvd. Ste. A., Assessor's Parcel Number: 431-020-002. The project site can be accessed from W. I St., Pacheco Blvd., and Ortigalita Rd.

LAND USE:

Property
Project Site
North
South
East
West
Land Use
Commercial
Commercial
Residential
Commercial
Commercial
H-C = Highway Commercial
R-1 = Low Density Residential
2 Zone
H-C
H-C
R-1
H-C
H-C
General Plan
RC
RC
LOR
RC
RC
RC = Regional Commercial
LOR = Low Density Residential
124
ENVIRONMENTAL ASSESSMENT:

Pursuant to the California Environmental Quality Act (CEQA) and the City of Los Banos Environmental Quality Guidelines, it has been determined that this project is found to be categorically exempt from the provisions of CEQA - Article 19, Section 15301. The applicant's request for the off-sale of general alcohol involves no expansion of the general footprint at 947 W. Pacheco Blvd., Ste. A.

USE PERMIT ANALYSIS
Code Requirements
Pursuant to the Los Banos Municipal Code Section 9-3.2322, a Conditional Use Permit is required for any establishment dispensing for sale or other consideration alcoholic beverages, including beer and wine, for on-sale or off-sale. The Planning Commission is the recommending body and the City Council is the decision making body for Conditional Use Permits for the on-sale and off-sale of alcoholic beverages. A Conditional Use Permit may be granted if the proposed use is conforming to the following criteria:

General Use Permit Criteria:
1 . That the proposed use and project is consistent with the City of Los Banos General Plan, and Los Banos Municipal Code;

2. That the proposed use or project will not be a nuisance or detrimental to the public health, safety, morals, comfort, and general welfare of the persons residing or working in the neighborhood of such proposed use;

3. That the proposed use is compatible with the adjacent uses, properties and neighborhoods and will not be detrimental or injurious to property and improvement in the neighborhood or to the general welfare of the City.

Specific On-Sale and Off-Sale Alcoholic Beverages Criteria:

1. That the proposal will not contribute to undue proliferation of such uses in an area where additional ones would be undesirable with consideration given to the area's function and character, problems of crime and loitering, and traffic problems and capacity;

2. That the proposal will not adversely affect adjacent or nearby churches, temples, or synagogues; public, parochial, or private elementary, junior high, or high schools; public parks or recreation centers; or public or parochial playgrounds;

3. That the proposal will not interfere with the movement of people along an important pedestrian street; and

4. That where the proposed use is in close proximity to residential uses, and especially to bedroom windows, the use will be limited in hours of operation, or designed operated so as to avoid the disruption of residents' sleep between the hours of 10:00 p.m. and 7:00 a.m.

Staff has evaluated the proposal pursuant to the above criteria set forth in the Municipal Code and offers the following observations:
3 125
1 . The primary use is a retail convenience/ liquor store.

2. The surrounding area, adjacent uses, and function are primarily commercial in nature. A retail convenience/ liquor store for the off-sale of general alcohol in this location is consistent with the uses of the Highway Commercial Zoning District with attainment of a Conditional Use Permit.

3. Staff is unaware of any significant problems related to crime and loitering, in the surrounding area which would be exacerbated by the off-sale of general alcohol at this location.

4. The approval of the sale of general alcohol for off-site consumption will not contribute to the undue proliferation of alcohol sales in the area where that use would be undesirable taking into account the characteristics of the area.

Additionally, the entitlement will include conditions of approval which will regulate the operational characteristics of allowing the sale of general alcohol and are intended to preserve the public health, safety, or welfare of persons and property in the vicinity including crime prevention and loitering.

5. The proposed use is not located within the immediate vicinity of a place of worship.

The project will include conditions of approval which regulate the operational characteristics of allowing the sale of general alcohol for off-site consumption and are intended to preserve the public health, safety, and welfare of persons and property in the vicinity and therefore will not have any adverse effect to the place of worship.

6. The project is located on W. Pacheco Blvd., which is primarily occupied by commercial uses. Conditions of approval will regulate loitering and operational characteristics to ensure that the proposal will not interfere with the movement of people along the public right-of-way.

7. There are residential units in the immediate vicinity of the project site. The project site is located within the San Luis Plaza at 947 W. Pacheco Blvd., Ste. A, and will not directly impact the existing residential uses as Ash Ave. separates the uses.

The project will include conditions of approval which regulate the operational characteristics of allowing the sale of general alcohol for off-site consumption and are intended to preserve the public health, safety, and welfare of persons and property in the vicinity. Therefore, the proposed use will not disrupt sleeping activities to the neighboring residences.

All sales of alcohol will be conducted within the convenience/ liquor store and must be consumed off the premises. In addition, the project will be subject to conditions which will mitigate any adverse effects on the surrounding neighborhood and are intended to preserve the public health, safety, and welfare of persons and property in the vicinity. The convenience/ liquor store, will also be subject to the Los Banos Municipal Code Noise Ordinance.
4 126
Alcoholic Beverage Control
The Alcoholic Beverage Control Board (ABC) is the issuing authority for a Type 21 alcohol license. The City's authority for the sale of alcohol is through its land use powers embodied within the Los Banos Zoning Code.

ABC has the authority according to Section 23801 of the Business and Professions Code to exercise certain conditions under the license, the personal qualifications of the licensee, the conduct of the business or the condition of the premises, which will protect the public welfare and morals, including, but not limited to, the following:
a) Restrictions as to hours of sale
b) Display of signs
c) Employment of designated persons
d) Types and strengths of alcoholic beverages to be served where such types or strengths are otherwise limited by law
e) The portion of the privileges to be exercised under the license f) The personal conduct of the licensee
ABC may also refuse to issue a license to any person who has violated the Alcoholic Beverage Control Act, has a disqualifying criminal record, or is otherwise disqualified.

Census Tract
The project site is located in census tract 23.01 .

22.0 23.04
5 127
As of the date of this report, there are thirteen ( 13) off-sale licenses currently active in this specific census tract. The nearest active off-sale alcohol license to the project site in census tract 23.01 is La Esperanza Food Center located within the San Luis Plaza at 937 W. Pacheco Blvd. and is approximately 440 feet east of the project site. This application will increase the amount of active off-sale licenses if approved.

License Type Business Name Address
21 Wal Mart Store 2117 1575 W. Pacheco Blvd.
20 Pacheco Chevron 1164 E. Pacheco Blvd.
20 Grocery Outlet 1337 E. Pacheco Blvd., Ste. A
20 Zoomy's Los Banos/ 76 140 W. Pacheco Blvd.
20 Los Banos Valero 1063 E. Pacheco Blvd.
21 Rite Aid Store 5855 1317 E. Pacheco Blvd.
20 Goodger Shell 849 W. Pacheco Blvd.
20 La Esperanza Food Center 937 W. Pacheco Blvd.
20 Los Banos Chevron 1009 Pacheco Blvd.
20 Arco AM/PM 1550 W. Pacheco Blvd.
20 7 Eleven 22736G 603 Pacheco Blvd., Ste. A
21 T an:iet T2359 1405 W. Pacheco Blvd.
20 99 Cent Store #441 1209 W. Pacheco Blvd.

Type 20 license= off-sale beer and wine Type 21 license= off-sale general alcohol PUBLIC COMMENT:

A public hearing notice was published in the Merced Sun-Star and notices were provided to adjacent property owners within a 300-foot radius of the subject property on Friday, April 5, 2024. As of the date of this staff report, no comments have been received .

Reviewed by:

Attachments:
1 . Resolution
Exhibit A
Exhibit B
Exhibit C

2. Floor Plan
CEQA Findings
Project Findings
Conditions of Approval

3. Public Hearing Notice - April 5, 2024
6 Vanessa Portillo, Finance Director
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LOsBanos
At the Crossroads of California

COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT
Date: April 5, 2024
Regarding: Notice of Public Hearing
Proposal: Conditional Use Permit #2024-02 - Type 21 Alcohol License NOTICE IS HEREBY GIVEN THAT a Public Hearing will be held by the Los Banos City Council to consider a Conditional Use Permit and Categorical Exemption from the California Environmental Quality Act pursuant to Section 15301 (Existing Facilities) to allow the use of a Type 21 Alcohol License for the off-sale of general alcohol. The requested Conditional Use Permit is for Western Singh Stores, Inc. located at 947 W.

Pacheco Blvd., Ste. A, more specifically identified as Assessor's Parcel Number 431- 020-002.

The Los Banos Planning Commission held a public hearing on Wednesday, February 28, 2024, for the purpose of considering the above mentioned project. At the completion of the public comment, the Planning Commission recommended approval of Conditional Use Permit #2024-02 to the Los Banos City Council.

A PUBLIC HEARING on this matter will be held at the next scheduled meeting of the Los Banos Planning Commission on Wednesday, April 17, 2024, at 6:00 p.m. in the Council Chambers of Los Banos City Hall located at 520 J Street. Questions regarding the above-referenced item may be directed to 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 Community & Economic Development Department at 520 J Street, Los Banos, California. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Office of the City Clerk at (209) 827-7000. Notification at least 72 hours prior to the public hearing will enable the City to make reasonable arrangements to allow participation at this hearing

THE CITY OF LOS BANOS
Stacy Souza Elms
Community and Economic Development Director
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TO:

FROM:

DATE:

LOsBanos
I ti C,o , ad ,if California
Agenda Staff Report
Mayor Llanez and City Council Members
Stacy Souza Elms, Community and Economic Development Director~ April 17, 2024
TYPE OF REPORT: Public Hearing
SUBJECT: 2024 Development Impact Fee Annual Adjustment
Recommendation:

That the City Council consider the following:
1 . Hold a public hearing to hear any public comments regarding the proposed impact fee adjustment;

2. Find that U"fe proposed impact fee adjustment is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061 (b )(3); and

3. Adopt a resolution approving a 1.1 % increase to development impact fees to reflect construction cost changes in 2024, to become effective on July 1st.

Background:

On January 15, 2020, the Los Banos City Council approved the Development Impact Fee Justification Study to reflect the development horizons of the General Plan and Police Station Needs Assessment. Development impact fees are established in conformance with the requirements of the Mitigation Fee Act (California Government Code Sections 66000, et seq.), which was enacted by the State of California in 1987, by identifying 1 143
additional public facilities required by new development ("Future Facilities") and determining the level of fees that may be imposed to pay the costs of the Future Facilities.

In 2006, Government Code Section 66001 was amended to clarify that a fee cannot include costs attributable to existing deficiencies but fund costs used to maintain the existing level of service ("LOS") or meet an adopted level of service that is consistent with the general plan.

The development impact fees do not pay for operation and maintenance of capital facilities, or city staffing costs. Development Impact Fees are segregated from the General Fund and from other City budget funds or accounts containing fees collected for other purposes in accordance with accounting standards.

Discussion:

Pursuant to Los Banos City Council Resolution No. 6163, the amount of the development impact fees shall be modified annually each July 1 based on the change in the Engineering News Record's - Construction Cost Index (ENR-CCI) as reported for the twelve-month period ending in April of each year. The adjustment based on the change in the ENR-CCI ending in April 2024 is a 1.1 % increase. This increase would be applied to all development impact fees and will go into effect on July 1st after approval.

Below is a comparison chart per unit (residential)/ 1,000 square feet (non-residential).

Current Fee Pro osed Fee
Single Family $32,961.19 $33,323.74
Multi-family $26,197.02 $26,485.16
Age Restricted $17,839.30 $18,035.87
Retail $20,440.68 $20,665.52
Office $10,934.06 $11,054.32
Institutional $6,605.14 $6,677.79
Industrial $4,470.01 $4,519.18
Environmental Review:

The proposed mitigation fee adjustment is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061 (b )(3), which is the general rule that CEQA applies only to projects with the potential for causing direct or indirect significant environmental effects.

Fiscal Impact:

The proposed adjustment of 1.1 % to the development impact fees would ensure that new development is adequately funding its share of the costs of new public facilities as the 2 144
costs to construct these projects increase over time. The annual adjustment to the impact fees provides for fees that better reflect construction costs increases to ensure the City does not subsidize new development's share of these facilities and that adequate funding is available when the City is ready to construct these projects.

Public Notice:

A public hearing notice was published in the Merced Sun-Star on April 5, 2024.

Additionally, local developers and the Building Industry Association of the Greater Valley (BIA) were directly mailed public notices on April 4, 2024.

Reviewed by:

Jo
Attachments:

1. Resolution
Vanessa Portillo, Finance Director
Exhibit A - Proposed 2024 Adjusted Development Impact Fees

2. Construction Cost Index Chart

3. Public Hearing Notice - April 5, 2024
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146
RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS APPROVING AN

INCREASE IN DEVELOPMENT IMPACT FEES TO

REFLECT INCREASES IN THE ENGINEERING

NEWS RECORD CONSTRUCTION COST INDEX
FOR 2024
WHEREAS, on January 15, 2020, the City Council adopted Resolution No. 6163, approving a development impact fee justification study to be collected from new development projects as authorized by Article XI, Section 7 of the California Constitution, the Mitigation Fee Act (Gov. Code § 66000, et seq.,); and Los Banos Municipal Code; and
WHEREAS, City Council Resolution No. 6163 establishes the process for the annual adjustment of development impact fees based on the change in the Engineering News Record's Construction Cost Index as reported for the twelve-month period ending in April of each year; and
WHEREAS, the Engineering News Record's Construction Cost Index for the San Francisco area indicates that construction costs increased 1.1 percent for the twelvemonth period ending in April 2024; and WHEREAS, the City of Los Banos complied with the notice requirements of the California Government Code Sections 66016 and 66018; and WHEREAS, the City Council held and conducted a public hearing on April 17, 2024, in accordance with applicable public notice, to review and consider the increase in development impact fees, and the updated Development Impact Fee Schedule; and WHEREAS; the City Council now wishes to adjust the fees in accordance with the increase in the Engineering News Record Construction Cost Index for the San Francisco area and adopt the fees at the revised rates set forth in Exhibit A to this Resolution, which is attached hereto and incorporated herein by reference.

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

SECTION 1. In light of the increases in the Engineering News Record's Construction Cost Index for the twelve-month period ending in April 2024, the City Council approves an adjustment to increase development impact fees by 1 .1 percent and adopts the increased development impact fees as shown on Exhibit A. 1 147
SECTION 2. The increased development impact fees as set forth in Exhibit A and adopted Resolution shall become effective on July 1 , 2024.

SECTION 3. This Resolution adjusts only the amount of development impact fees to be collected from new development and does not modify any other provisions of Resolution No. 6163, which shall remain in full force and effect.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 17th 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
2 148
Exhibit A
City of Los Banos
2024 Adjusted Development Impact Fees
Development Impact Fees per Unit (Residential)/1,000 Square Feet (Non-Residential) Fire Police Parks &
Rec. Water Sewer Storm Traffic General Admin
(
3 %) I Total Fees Drain Govt.

Single Family $ 1,520.48 $ 2,845.18 $ 8,494.41 $ 7,635.06 $ 5,858.33 $ 3,575.19 $ 1,576.08 $ 848.47 s 910.s4 I s 33,323.74 Multi-family $ 1,215.90 $ 2,275.86 $ 6,795.04 $ 6,108.53 $ 4,687.16 $ 2,860.88 s 1,091.40 I $ 679.26 I $ 111.12 I s 26,4ss.16 Age Restricted $ 823.10 $ 1,539.82 $ 4,597.71 $ 4,132.71 $ 3,171.51 $ 1,935.06 $ 85o.9o I $ 459.29 I s 525.77 I s 1s,03s.s1 Retail $ 866.60 $ 1,620.80 $ - $ 4,349.93 $ 3,338.29 $ 2,037.78 $ 7,850.20 $ - $ 601.91 $ 20,665.52 Office 1$ 650.25 $ 1,215.90 $ - $ 3,263.37 $ 2,503.11 $ 1,527.73 $ 1,572.46 $ - $ 321.50 $11,054.32 Institutional I $ 325.13 $ 607.94 $ - $ 1,631.67 $ 1,252.16 $ 763.86 $ 1,902.42 $ - $ 194.60 $ 6,677.79 Industrial 1$ 216.34 I s 404.91 I s - I s 1,081.80 $ 833.97 $ 508.85 $ 1,335.57 $ - $ 131.74 $ 4,519.18 149

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Engineering News-Record
City Cost Index - San Francisco - As of April 2024
The building and construction cost indexes for ENR's individual cities use the same components and weighting as those for the 20-city national indexes. The city indexes use local prices for portland cement and 2 X 4 lumber and the national average price for structural steel. The city's BCI uses local union wages, plus fringes, for carpenters, bricklayers and iron workers. The city's CCI uses the same union wages for laborers.

To find more recent cost index data, go to this webpage (link below) and click on the link for the year you need, and then navigate to the week you need. Keep in mind that the city cost index figures are always published in the second weekly issue of the month.
http://www.enr.com/economics/current costs
Go back to view all City Indexes.

ENR COST INDEXES IN SAN FRANCISCO (1978-2024)
-•--- --- ---- - -·-- ------
Year 2024
Month April
BCI 10804.99
%CHG +7.8
I CCI 15488.96
%CHG +1.1
l
' I
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CITY OF LOS BANOS

NOTICE OF PUBLIC HEARING

PUBLIC FACILITY IMPACT FEE PROGRAM

AND DEVELOPMENT IMPACT FEES
NOTICE IS HEREBY GIVEN that the Los Banos City Council will conduct a Public Hearing to receive public comment regarding the annual adjustment to the Los Banos Development Impact Fee Schedule based on the Engineering News Record Construction Cost Index.

The Public Hearing will be held at the regular meeting of the Los Banos City Council on Wednesday, April 17, 2024 at 6:00 p.m. in the Council Chambers at Los Banos City Hall located at 520 J Street, or as near as possible thereafter, at which time and place interested persons may appear and be heard thereon. Questions regarding the abovereferenced item may be directed to Stacy Souza Elms, Community and Economic Development Director, 520 J Street or at (209) 827-7000.

The data supporting the proposed adjustment to City's Development Impact Fees will be available for review ten ( 10) days prior to the public hearing at the Community and Economic Development Department located at 520 J Street, Los Banos California or by email request to [email protected].

All interested persons will be given an opportunity to comment on this item at the Public Hearing. In addition, written comments may be submitted to the City Council at or prior to the hearing, mailed to 520 J Street, Los Banos, CA 93635, Attention: Stacy Souza Elms, Community and Economic Development Director. Please reference hearing title and date of hearing in any correspondence. If no comments are received prior to or on the above date, it will be assumed that no comments are being offered. Please note that if you challenge the City's final decision on the above matter in court, you may be limited to raising only those factual and legal issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. In light of the foregoing, all interested members of the public are encouraged to voice their concerns regarding all above matter either in person at the hearing or in writing through correspondence addressed to the City Council and submitted to the City Council at or prior to the date of the above hearing.

It is the intention of the City to comply with the Americans with Disabilities Act (ADA). If you require special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact the City Clerk's Office at (209) 827-7000 at least 48 hours prior to the meeting to inform us of your particular needs.

THE CITY OF LOS BANOS
Stacy Souza Elms
Community & Economic Development Director
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,LOsBanos
TO: Mayor Llanez and Members of City Council
FROM: Vanessa Portillo, Finance Director U(f> •
DATE: April 17, 2024
SUBJECT: Consider Initiating Proposition 218 Process Advising Property Owners and Utility Customers of Proposed Water, Wastewater and Solid Waste Rate Adjustments Beginning July 1 , 2024 and Approve Resolution Adopting a Revised Budget for FY 2023-24 as it Pertains to Expenditures TYPE OF REPORT: Non-Consent Agenda Item
RECOMMENDATION:

Staff recommends that the City Council direct staff to initiate the Proposition 218 process of increasing water, wastewater and solid waste rates by CPI, not to exc·eed

3.5% annually, and as required by California Proposition 218, the Right to Vote on Taxes.

BACKGROUND:

Article XI 11 D of the California Constitution, also known as Proposition 218, requires that the City clearly demonstrate the basis for all property-related rates and charges to customer and property owners. The City is required, at minimum, to provide 45-day notification of proposed rate adjustments and inform customers and property owners of their rights to submit a written protest. Should the City receive protest from a majority of property owners and customers, then the rate increase cannot be adopted .

SUMMARY
The City is required by State law and City policy to collect revenues sufficient to cover the costs of operating the water, wastewater and solid waste (garbage collection) systems. These revenues allow the City to protect public health and, safely and reliably, convey and treat water, wastewater and solid waste. Costs that must be 155
recovered through rate revenue include electricity, equipment and supplies, debt service, and salaries and benefits.

The last rate modification was approved by Council with Resolution(s) 6086, 6087, 6088 adjusting rates for a period of four (4) years effective on July 1, 2019. Since that time, annual inflationary increases in the water, wastewater and solid waste rates have been outpaced by the rising costs of electricity, equipment, supplies, and increases to both salaries and benefits.

In order to continue the existing level of services staff is requesting that the City Council consider an annual rate increase. This annual rate increase would be tied to the Consumer Price Index (CPI) for the San Francisco Bay Area. The CPI to be applied is the San Francisco-Oakland-Hayward, CA Area, All Urban Consumers; 1982-84 =100, Not Seasonally Adjusted, between the most recently published February index and the corresponding index published twelve months earlier, or 3.5% whichever is less. As such, the exact adjustment to water, wastewater and solid waste rates would not be available until the yearly CPI number is released. Based on the CPI data from 2019 through 202~, the average yearly adjustment was 3.5%, with a 12 month range from

1.75% to-5~60%.

The proposed annual average CPI adjustments ( shown in exhibit A) would take place over the next five (5) years (FY 2025 through FY 2029), after which time no further automatic adjustments would take place absent a new notice and hearing pursuant to Proposition 218. Under the proposed annual rate increase structure, the average customers are likely to see a total increase of up to 3.5% annually for water, wastewater and solid waste services.

The 2024 CPI February index is 2.4%. If implemented, the CPI rate increase will take effect starting July 1, 2024; the exact rate increase for the first year would be 2.4%.

Customers will be notified annually of the actual percentage increase on their June water bill, in the message portion of the bill.

NEXT STEPS:

1. Provide staff with the direction to initiate the process. An affirmative vote on this agenda item tonight does not raise rates; it simply directs staff to proceed with the process of mailing notice of the public hearing to consider adoption of the proposed rate increases.

2. Mail notices at least 45-days before the public hearing. A notice will be mailed to both property owners and utility customers describing the reasons for the proposed rate increases, the amount of the proposed rate increases, the basis upon which the rates were calculated, the protest procedure, and the date, time 156
and location of the Public Hearing. Any person who wishes to protest the adoption of the proposed rate increases must submit a written protest prior to the close of the public hearing (usually in the form of a letter).

3. Hold Public Hearing. On the appointed date, (not less than 45 days from mailing the notice), the City Council will hold a Public Hearing on the matter of the proposed rate increases. Following the Public Hearing, if a majority protest has not occurred, the City Council may adopt the proposed rate increases.

FISCAL IMPACT:

The cost to mail out the Prop 218 Notifications is approximately $15,000.00 which would be paid out of the respective Enterprise Funds. Staff is requesting an increase appropriation for water, wastewater and solid waste by $5,000 each to cover the expenditures.

Reviewed by:

ATTACHMENTS:

Resolution - Budget Amendment
Exhibit A- Notice of Public Hearing - Proposed Rate Increases 157

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158
RESOLUTION NO. --

A RESOLUTION OF THE CITY OF LOS BANOS ADOPTING A REVISED BUDGET FOR THE 2023-24 FISCAL YEAR AS IT PERTAINS TO

EXPENDITURES
WHEREAS, the City council of the City of Los Banos has approved to initiate the Proposition 218 process advising property owners and utility customers of a proposed water, wastewater, and solid waste rate adjustment beginning July 1, 2024; and WHEREAS, expenditures related to the Proposition 218 process were not previously included in the 2023-2024 Fiscal Year budget; and WHEREAS, the City Council of the City of Los Banos has been presented an amendment to the 2023-2024 Fiscal Year budget; and
WHEREAS, the City Council of the City of Los Banos may amend the overall appropriation levels in each fund at any time during the 2023-2024 Fiscal Year by action to amend the budget; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos hereby amends the 2018-2019 Fiscal Year Budget to include increases of $5,000 in Water - Professional Services (501-410-100-231 ), $5,000 in Wastewater - Professional Services ( 502-410-100-231) and $5,000 to Solid Waste - Professional Services ( 510-410- 100-231 ).

The foregoing resolution was introduced at a regular meeting of the Los Banos City Council held on the 17th day of April 2024, by Council Member ___ who moved for its adoption, which motion was duly seconded by Council Member _ __ , and the Resolution was adopted by the following vote:

AYES:

NOES:

ABSENT:

APPROVED:

Paul Llanez, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
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Dear Property Owner/Tenant:

PROPOSITION 218 NOTIFICATION
Notice of Public Hearing
Regarding Proposed Rate Increases in Water, Wastewater and Solid Waste Service Fees The City of Los Banos is proposing a five-year water, wastewater and solid waste rate program adjustment for all residents and commercial customers. A public hearing on the proposed rate increases to water, wastewater and solid waste service fees will be held by the City Council on:

Date:

Time:

Place:

Wednesday, June 19, 2024
6:00 p.m.

City of Los Banos, Council Chambers
520 J Street, Los Banos, CA 93635
This notice is being sent to all City property owners and tenants directly liable for the payment of the utility service fees. If adopted, the proposed new rates will take effect July 1, 2024, with annual CPI increases each July 1, up to and including July 1, 2028. This notice also describes how to file a protest to this proposed action. All property owners, tenants directly liable for the payment of water, waste water, and solid waste service fees, and other interested parties are invited to attend the public hearing and be heard on the matter.

The last rate increase was effective July 1, 2020 thru June 30, 2024. Since that time, annual inflationary increases in the water and wastewater rates are necessary to keep pace with the rising costs of electricity, equipment, supplies, and increases to salaries and benefits. In order to continue the existing level of services these costs must be recovered by increasing the cost of services.

Additionally, the City contracts the collections, transportation and disposal of solid waste services. The solid waste contract includes an annual increase to the contractor's compensation based on the Consumer Price Index (CPI) for the San Francisco - Oakland - Hayward, CA Area.

PROPOSED ANNUAL RATE INCREASE (BASED ON CPI ADJUSTMENTS): The City Council will consider an annual rate increase which will be tied to the Consumer Price Index (CPI) for the San Francisco - Oakland - Hayward, CA Area not to exceed • 3.5%. As such, the exact annual adjustment to water, wastewater, and solid waste rates would not be available until the yearly CPI number is released; this is not to exceed 3.5%. Based on the CPI data from 2019 through 2023, the average yearly adjustments was

3.5%, with a typical range from 1.7% to 5.6%. The proposed increases shown below would take place over the next five (5) years (through FY 2023/2024), after which time no further automatic adjustments would take place absent a new notice and hearing pursuant to Proposition 218. If implemented, the CPI rate increase changes will take effect starting July 1, 2024. Customers will be notified annually of the exact increase on their June water bill.

The 2024 CPI February index is 2.4%. If implemented, the CPI rate increase will take effect starting July 1, 2024; the exact rate increase for the first year would be 2.4%.

The rates stated in this notice, will not be increased above the rates stated without further written notice to the City's customers and a further protest hearing pursuant to Proposition 218 except as permitted by Government Code Section 53 756.

How to be heard or protest the proposed adjustments:

Any property owner or any tenant directly responsible for the payment of water, wastewater, and/or solid waste service fees (i.e., a customer of record) may submit a written protest to the proposed rate increases described above; provided, however, only one protest will be counted per identified parcel. Any written protest must: (1) state the specific rate increase (water, wastewater, and/or solid waste) for which the protest is being submitted; (2) provide the location of the identified parcel (by assessor's parcel number, street address, or customer account number); and (3) include the name and signature of the property owner or tenant submitting the protest.

Written protests may be submitted by mail or in person to the City Clerk at 520 J Street, Los Banos, CA 93635, or at the Public Hearing, so long as they are received prior to the conclusion of the public comment portion of the Public Hearing. Any protest submitted via e-mail or other electronic means will not be accepted. Postmarks also cannot be accepted. Please identify on the front of the envelope for any protest, whether mailed or submitted in person to the City Clerk, that the enclosed protest is for the Public Hearing on the Proposed Increases to Utility Rates.
161
The City Council will hear and consider all written protests and oral comments to the proposed rate increases at the Public Hearing.

Oral comments at the Public Hearing will not qualify as formal protests unless accompanied by a written protest as described above.

Upon the conclusion of the Public Hearing, the City Council will consider adoption of the proposed rate increases for the water, wastewater, and solid waste service fees as described herein. If written protests against the proposed rate increases are not presented by a majority of the property owners and tenants of the identified parcels upon which the rates are proposed to be imposed, the City Council will be authorized to impose the respective rate increases. If a majority of property owners and tenants directly liable for payment of the utility service fees submit written protests, the proposed rates may not be adopted and the existing rate structures will continue to be used until another rate structure is adopted.

For more information or questions about the proposed rate increase you may contact the Finance Department at 209-827-7000 or visit the City's website for the Utility Rate Studies at www.losbanos.org.

Proposed Rate Increases are based on 3.5% maximum increase. Actual rate increase may be less based upon the CPI*
* Consumer Price Index (CPI) to be applied is the San-Francisco-Oakland-Hayward, CA Area, All Urban Consumers; 1982- 84 =100, Not Seasonally Adjusted, between the most recently published February index and the corresponding index published twelve months earlier, or 3.5% whichever is less.

Proposed Water Increases
The rates for the City's water service fees are comprised of two components - fixed monthly service charge and a water usage charge.

The water usage charge is imposed for monthly water usage in excess of 1,500 cubic feet of metered water. The rates are calculated to recover the costs of providing water services and to proportionately allocate those costs on a parcel basis among the various customer classes. The proposed rates and their effective dates are set forth in the tables below:

Proposed Monthly Water Rates
July 1, 2024 July 1, 2025 July 1, 2026 July 1, 2027 July 1, 2028

2.4% CPI* not to CPI* not to CPI* not to CPI* not to
Percentage Increase exceed 3.5% exceed 3.5% exceed 3.5% exceed 3.5% Residential Current Year 1 Year2 Year3 Year 4 Year5 Rate Meters< l" $24.55 $25.14 $26.02 $26.93 $27.88 $28.85
Meters l"- l½" $29.90 $30.62 $31.69 $32.80 $33.95 $35.14 Meters 1 ½" - 2" $34.46 $35.28 $36.52 $37.80 $39.12 $40.49 Meters 2" - 3" $39.35 $40.29 $41.70 $43 .16 $44.67 $46.24 Meters 3"- 4" $49.16 $50.34 $52.10 $53.93 $55.82 $57.77 Multiple Family> 1 unit Flat+ $8.73 Flat+ $8.94 Flat+ $9.25 Flat+ $9.58 Flat+ $9.91 Flat+ $10.26 oerunit per unit per unit per unit per unit per unit
Overage per 100 cubic feet $1.90 $1.95 $2.01 $2.08 $2.16 $2.23 Commercial
Meters< I" $24.55 $25.14 $26.02 $26.93 $27.88 $28.85
Meters 1 "- 1 ½" $29.90 $30.62 $31.69 $32.80 $33.95 $35.14 Meters l½"- 2" $34.46 $35.28 $36.52 $37.80 $39.12 $40.49 Meters 2" - 3" $39.35 $40.29 $41.70 $43.16 $44.67 $46.24 Meters 3"- 4" $49.16 $50.34 $52.10 $53.93 $55.82 $57.77 Meters > 4" Determined by Public Works Department
Multiple Commercial > 1 Flat+ $8.73 Flat+ $8.94 Flat+ $9.25 Flat+ $9.58 Flat+ $9.91 Flat+ $10.26 unit per unit per unit per unit per unit oer unit per unit Overage per 100 cubic feet $1.90 $1.95 $2.01 $2.08 $2.16 $2.23 Allowance amount for all users = 1,500 cubic feet per month.

Any usage over 1 500 cubic feet will be charged an overage rate per each 100 cubic feet 162
Proposed Wastewater Increases
The rates for the City's wastewater service fees for residential customers are comprised of a fixed monthly service charge. For nonresidential customers, the rates are comprised of a fixed monthly service charge and a flow-based charge. The rates are calculated to recover the costs of providing wastewater services and to proportionately allocate those costs on a parcel basis among the various customer classes. The proposed rates and their effective dates are set forth in the tables below:

Proposed Monthly Wastewater Rates
July 1, 2024 July 1, 2025 July 1, 2026 July 1, 2027 July 1, 2028

2.4% CPI* not to CPI* not to CPI* not to CPI* not to
Percentage Increase exceed 3.5% exceed 3.5% exceed 3.5% exceed 3.5% Current Year 1 Year2 Year 3 Year4 Year 5 Rate
Residential
Wastewater Collection
Flat $21.96 $22.49 $23.27 $24.09 $24.93 $25.80
Multiple Dwelling/Trailer $21.96 + $22.49 + $23.27 + $24.09 + $24.93 + $25.80 + Parks with common sewer $21.96/unit $22.49/unit $23.27/unit $24.09/unit $24.93/unit $25.80/unit Wastewater Treatment
Flat $9.55 $9.78 $10.12 $10.48 $10.84 $11.22
Multiple Dwelling/Trailer $9.55 + $9.78 + $10.12+ $10.48 + $10.84 + $11.22 + Parks with common sewer $9.55/unit $9.78/unit $10 .12/unit $10.48/unit $10.84/unit $11.22/unit Commercial
Wastewater Collection
Flat $43.91 $44.96 $46.54 $48.17 $49.85 $51.60
Hotel & Motels $43.91 $44.96 $46.54 $48.17 $49.85 $51.60 Per room with kitchen $10.83 $11.09 $11.48 $11.88 $12.30 $12.73 Per room w/o kitchen $5.47 $5 .60 $5.80 $6.00 $6.21 $6.43 Schools per student $0.99 $1.01 $1.05 $1.09 $1.12 $1.16 Places - Religious Worship $21.96 $22.49 $23.27 $24.09 $24.93 $25.80 Wastewater Treatment
Schools per student $1.93 $1.98 $2.05 $2.12 $2.19 $2.27 Standard Industrial
Per 100 cu ft. of water $1.64 $1.68 $1.74 $1.80 $1.86 $1.93 Bakeries, Restaurants, Dry Cleaning, Motion Picture Theaters, Packing Sheds, and Dry Process Dairy Products Per 100 cu ft. of water $2.09 $2.14 $2.22 $2.29 $2.37 $2.46 Meat Products
Per 100 cu ft. of water $2.74 $2.81 $2.90 $3.01 $3.11 $3.22 Multi-Business Flat $20.60 $21.09 $21.83 $22.60 $23.39 $24.21 163
Proposed Solid Waste Increases
The rates for the solid waste service fees for residential customers are comprised of a fixed monthly charge based on the size of the refuse container used for such property. For commercial customers, the rates are comprised of a fixed monthly charge that is determined on the basis of the refuse container used to serve such property and the frequency of pick-ups. The rates are calculated to recover the costs of providing solid waste services and to proportionately allocate those costs on a parcel basis among the various customer classes. The proposed rates and their effective dates are set forth in the tables below:

Proposed Monthly Solid Waste Rates
July 1, 2024 July 1, 2025 July 1, 2026 July 1, 2027 July 1, 2028

2.4% CPI* not to CPI* not to CPI* not to CPI* not to
Percentage Increase exceed 3.5% exceed3.5% exceed 3.5% exceed 3.5% Current Year 1 Year 2 Year3 Year4 Year 5 Rate
Residential All residential containers are Jicked up one time per week 64 - ~al cart $44.03 $45.09 $46.66 $48.30 $49.99 $51.74 96 - gal cart $66.04 $67.62 $69.99 $72.44 $74.98 $77.60 Extra Green Cart $8.60 $8.81 $9.11 $9.43 $9.76 $10.11
Extra Recyclable Cart $8.60 $8.81 $9.11 $9.43 $9.76 $10.11 Extra Pick Up-64/96~al $20.09 $20.57 $21.29 $22.04 $22.81 $23.61 Dumpster Delivery $32.19 $32.96 $34.12 $35.31 $36.55 $37.83 Commercial
Cart Service Monthly Rate One Pick Up 1>er Week
64- gal cart $38.70 $39.63 $41.02 $42.45 $43.94 $45.47
96- ~al cart $58.06 $59.45 $61.53 $63.69 $65.92 $68.22
Monthly Lock Fee $11.59 $11.87 $12.28 $12.71 $13.16 $13.62 Bin Service Monthly Rate - Service Frequency Varies
1 cu yd. container
1 pick-up/week $116.19 $118.98 $123.14 $127.45 $131.91 $136.53 2 pick-uos/week $171.43 $175.54 $181.69 $188.04 $194.63 $201.44 3 pick-ups/week $232.35 $237.93 $246.25 $254.87 $263.79 $273.03 4 pick-uns/week $293.35 $300.39 $310.91 $321.79 $333.05 $344.71 5 pick-ups/week $351.43 $359.87 $372.46 $385.50 $398.99 $412.95 6 oick-ups/week $418.31 $428.35 $443.34 $458.86 $474.92 $491.54

1.5 cu yd. container
1 oick-uo / week $133.58 $136.79 $141.57 $146.53 $151.66 $156.97 2 pick-ups/week $206.15 $211.10 $218.48 $226.13 $234.05 $242.24 3 oick-uos/week $278.82 $285.51 $295.50 $305.84 $316.55 $327.63 4 pick-ups/week $363.09 $371.80 $384.81 $398.28 $412.22 $426.65 5 pick-ups/week $464.73 $475.89 $492.54 $509.78 $527.62 $546.09 6 pick-ups/week $531.54 $544.29 $563.34 $583.06 $603.47 $624.59 3 cu yd. container
1 pick-up / week $217.89 $223 .12 $230.93 $239.02 $247.38 $256.04 2 pick-ups/week $394.96 $404.44 $418.60 $433.25 $448.41 $464.11 3 pick-ups/week $572.26 $585.99 $606.50 $627.73 $649.70 $672.44 4 pick-ups/week $717.46 $734.68 $760.40 $787.01 $814.55 $843.06 5 pick-ups/week $854.03 $874.53 $905.14 $936.82 $969.61 $1,003.54 6 pick-ups/week $978.86 $1,002.35 $1 037.43 $1,073.74 $1,111.32 $1 150.22 6 cu yd. container
1 pick-up/ week $345.79 $354.09 $366.48 $379.31 $392.58 $406.32 2 pick-uos/week $642.18 $657.60 $680.61 $704.43 $729.09 $754.61 3 pick-ups/week $889.12 $910.46 $942.33 $975.31 $1 ,009.45 $1,044.78 4 pick-uns/week $1,136.18 $1,163.44 $1,204.16 $1 ,246.31 $1,289.93 $1 335.08 5 pick-ups/week $1J83.17 $1,416.37 $1,465.94 $1 ,517.25 $1 570.35 $1 ,625.31 6 pick-uos/week $1 ,630.12 $1,669.25 $1,727.67 $1,788.14 $1,850.72 $1,915.50 164
Proposed Month1,, Solid Waste Rates Continued
July 1, 2024 July I, 2025 July 1, 2026 July I, 2027 July I, 2028

2.4% CPI* not to CPI* not to CPI* not to CPI* not to
Percentage Increase exceed 3.5% exceed 3.5% exceed 3.5% exceed 3.5% Cun-ent
Rate Year I Year2 Year3 Year4 Year 5
8 cu yd. container
1 pick-up/ week $464.38 $475.52 $492.16 $509.39 $527.22 $545.67 2 pick-ups/week $790.38 $809.35 $837.67 $866.99 $897.34 $928.74 3 pick-ups/week $1,086.77 $1.112.86 $1 ,151.81 $1 192.12 $1,233.84 $1,277.03 4 pick-ups/week $1,383.17 $1,416.37 $1,465.94 $1 517.25 $1,570.35 $1 625.31 5 pick-ups/week $1 ,654.88 $1 ,694.60 $1,753.91 $1,815.29 $1 878.83 $1 944.59 6 pick-ups/week $1,926.53 $1,972.77 $2,041.81 $2 113.28 $2 187.24 $2 263.80 Commercial Recyclable Materials/Green Waste Materials
96- gal cart $6.21 $6.36 $6.59 $6.82 $7.06 $7.30

1.5 cu yd. container $82.21 $84.18 $87.13 $90.18 $93.33 $96.60 3 cu yd. container $138.82 $142.15 $147.13 $152.28 $157.61 $163.12 6 cu yd. container $230.96 $236.50 $244.78 $253.35 $262.22 $271.39 Additional Pick Ups charges are per occurrence
32- gal bag $14.34 $14.69 $15.20 $15.73 $16.28 $16.85
64- or 96-gal cart $14.34 $14.69 $15.20 $15.73 $16.28 $16.85 1 cu yd. container $43.03 $44.06 $45.61 $47.20 $48.85 $50.56

1.5 cu yd. container $49.48 $50.67 $52.44 $54.28 $56.18 $58.14 3 cu yd. container $80.70 $82.63 $85.53 $88.52 $91.62 $94.82 6 cu yd. container $128.06 $131.13 $135.72 $140.47 $145.39 $150.48 8 cu yd. container $171.99 $176.11 $182.28 $188.66 $195.26 $202.10 Additional Recyclable Material Pick Ups charges are per occurrence 32- gal bag $7.18 $7.35 $7.61 $7.87 $8.15 $8.43
64- or 96-gal cart $7.18 $7.35 $7.61 $7.87 $8.15 $8.43
1 cu yd. container $21.52 $22.04 $22.81 $23.61 $24.43 $25.29

1.5 cu yd. container $24.73 $25 .33 $26.21 $27.13 $28.08 $29.06 3 cu yd. container $40.35 $41.32 $42.77 $44.27 $45.82 $47.42 6 cu vd. container $64.04 $65.57 $67.87 $70.24 $72.70 $75.25 8 cu vd. container $86.00 $88.07 $91.15 $94.34 $97.64 $101.06 Regularly Scheduled Collection Service (Per pullireturn rate not including initial deliver fee 6 cu yd. drop box $286.87 $293.75 $304.03 $314.68 $325.69 $337.09 14 cu yd. drop box $286.87 $293.75 $304.03 $314.68 $325.69 $337.09 20 cu yd. drop box $409.83 $419.67 $434.36 $449.56 $465.30 $481.58 30 cu yd. drop box $607.05 $621.62 $643.37 $665.89 $689.20 $713.32 40 cu yd. drop box $809.36 $828.78 $857.79 $887.81 $918.88 $951.05 On-Call Collection Service (Per oull rate includes delivery fee: does not include demurrae.e fee) 6 cu yd. drop box $354.36 $362.87 $375.57 $388.71 $402.32 $416.40 14 cu yd. drop box $354.36 $362.87 $375.57 $388.71 $402.32 $416.40 20 cu yd. drop box $477.33 $488.79 $505.89 $523.60 $541.93 $560.89 30 cu yd. drop box $674.52 $690.71 $714.89 $739.91 $765.80 $792.61 40 cu yd. drop box $876.85 $897.90 $929.32 $961.85 $995.51 $1 030.36 Regularly Scheduled Compactor Service - Customer Owned Compactors (per pull/return rate not includine. initial delivery fee) 14 cu yd. drop box $286.87 $293.75 $304.03 $314.68 $325.69 $337.09 16 cu yd. droo box $327.85 $335.72 $347.47 $359.63 $372.22 $385.24 20 cu yd. drop box $409.81 $419.65 $434.34 $449.54 $465.27 $481.56 24 cu yd. drop box $491.79 $503.59 $521.21 $539.46 $558.34 $577.88 25 cu yd. drop box $512.27 $524.56 $542.92 $561.92 $581.59 $601.94 30 cu vd. drop box $583.43 $597.44 $618.35 $639.99 $662.39 $685.57 38 cu yd. drop box $778.65 $797.34 $825 .25 $854.13 $884.03 $914.97 40 cu yd. drop box $819.62 $839.30 $868.67 $899.07 $930.54 $963.11 165
Proposed Monthl Solid Waste Rates Continued
July 1 2024 Julv 1. 2025 July 1 2026 July 1, 2027 July 1, 2028 Percentage Increase 2.4% CPI* not to CPI* not to CPI* not to CPI* not to exceed 3.5% exceed 3.5% exceed 3.5% exceed 3.5%
Current
Rate Year 1 Year 2 Year3 Year 4 Year5
Regularly Scheduled Compactor Service - Contractor Owned Compactors (per pull/return rate not includine initial delivery fee) 14 cu yd. drop box $286.87 $293.75 $304.03 $314.68 $325.69 $337.09 16 cu yd. drop box $327.85 $335.72 $347.47 $359.63 $372.22 $385.24 20 cu yd. drop box $409.81 $419.65 $434.34 $449.54 $465.27 $481.56 24 cu yd. drop box $491.79 $503.59 $521.21 $539.46 $558.34 $577.88 30 cu yd. drop box $614.73 $629.48 $651.51 $674.32 $697.92 $722.35 38 cu yd. drop box $778.65 $797.34 $825.25 $854.13 $884.03 $914.97 40 cu yd. drop box $819.62 $839.30 $868.67 $899.07 $930.54 $963.11 Recyclable Materials Contamination Charge upon 3rd Notice by Contractor Container Removal $28.98 $29.67 $30.71 $31.79 $32.90 $34.05 166
Estimado Propietario/lnquilino:

NOTIFICACION de la PROPOSICION 218
Aviso de Audiencia Publica
Con Respecto a los Aumentos Propuestos en las Tarifas de Servicios de Agua, Aguas Residuales y Residuos Solidos La Ciudad de Los Banos esta proponiendo un ajuste tarifas de agua, aguas residuales y residuos s6lidos para todos los residentes y clientes comerciales para los pr6ximos cinco (5) afios. El Consejo de la ciudad mantendra una audiencia publica sobre los aumentos de tarifas propuestos para las tarifas de servicios de agua, aguas residuales y residuos s6lidos en:

Fecha: Miercoles 19 de junio del 2024
Hora: 7:00 p.m.

Lugar: Ciudad de Los Banos, Camaras del Consejo.

Calle 520 J, Los Banos, CA 93635
Este aviso se esta enviando a todos los propietarios de propiedades en la Ciudad e inquilinos directarnente responsables del pago de las tarifas de servicios publicos. Si se adoptan, las nuevas tarifas propuestas entraran en vigencia el lero de julio del 2024, con incrementos anuales del CPI cada lero de Julio hasta el lro de julio del 2028. Este aviso tambien describe c6mo presentar una protesta a esta acci6n propuesta. Todos los dueiios de propiedades, inquilinos que son directamente responsables del pago de las tarifas del servicio de agua, aguas residuales y desechos s6lidos, y otras partes interesadas estan invitados a asistir a la audiencia publica y ser escuchados al respecto.

El ultimo aumento de la tarifa entr6 en vigencia el lro de julio del 2019. Desde entonces, los incrementos inflacionarios anuales en las tarifas de agua y aguas residuales se han visto superados por el aumento de los costos de la electricidad, el equipo, los suministros y los aumentos de salarios y beneficios. Para continuar con el nivel existente de servicios, estos costos deben recuperarse aumentando el costo de los servicios. Ademas, la Ciudad contrata los servicios de recolecci6n, transporte y disposici6n de residuos s6lidos. El contrato de residuos s6lidos incluye un aumento anual de la compensaci6n de la contratista basada en el Indice de Precios al Consumidor (CPI) para el Area de la Bahia de San Francisco.

PROPUESTA DE AUMENTO ANUAL DE TARIFA (BASADO EN LOS AJUSTES DEL CPI): El Concejo Municipal considerara un aumento de la tarifa anual que estara vinculado al Indice de Precios al Consumidor (CPI) para el area de San Francisco - Oakland - Hayward, CA que no exceda el 3.5%. Como ta!, el ajuste anual exacto de las tarifas de agua, aguas residuales y residuos s6lidos no estani disponible hasta que se publique el numero del CPI anual; Esto no debe exceder el 3.5%. Segun los datos de! CPI desde 2019 hasta 2023, los ajustes anuales promedio fueron de 3.5%, con un rango tipico de 1.7% a 5.6%. Los aumentos propuestos que se muestran a continuaci6n se realizaran durante los pr6ximos cinco aiios (hasta el aiio fiscal 2023/2024 ), despues de lo cual no se realizaran mas ajustes automaticos sin una nueva notificaci6n y audiencia de conformidad con la Propuesta 218. Sise implementan, los cargos por aumento de la tarifa del CPI entraran en vigencia a partir del lero de julio del 2024. Los clientes seran notificados anualmente del aumento exacto en su factura de agua de junio.

El indice del CPI en Febrero del 2024 es de 2.4%. Si se implementa, el aumento de la tarifa del CPI entrara en vigencia a partir de! lero de Julio del 2024. El aumento exacto de la tasa para el primer aiio seria de 2.4%.

Las tarifas indicadas en esta notificaci6n no se incrementaran por encima de las tarifas establecidas sin notificaci6n adicional por escrito a los clientes de la Ciudad y una audiencia de protesta adicional conforme a la Proposici6n 218, excepto lo pormitido por la Secci6n 53756 de! C6digo de Gobiemo.

Como ser escuchado o protestar por los ajustes propuestos:

Cualquier dueiio de propiedad o inquilino directamente responsable de! pago de las tarifas de! servicio de agua, aguas residuales y / o residuos s6lidos ( es decir, un cliente registrado) puede presentar una protesta por escrito a los aumentos de tarifas propuestos descritos anteriormente; siempre que, sin embargo, solo una protesta se contara por parcela identificada. Cualquier protesta por escrito debe: (1) indicar el aumento especifico de la tarifa (agua, aguas residuales y / o desechos s6lidos) por el cual se presenta la protesta; (2) proveer la ubicaci6n de la parcela identificada (por numero de parcela, direcci6n o numero de cuenta de! cliente); y (3) incluya el nombre y la firma del dueiio de la propiedad o el inquilino que presenta la protesta. Las protestas por escrito se pueden enviar por correo o en persona al Secretario Municipal en 520 J Street, Los Banos, CA 93635, o en la Audiencia Publica, siempre que se reciban antes de la conclusion de la parte de comentarios publicos de la Audiencia Publica. Cualquier protesta presentada por correo electr6nico u otro medio electr6nico no sera aceptada. Tampoco se aceptaran matasellos. Por favor, identifique en el frente del sobre cualquier protesta, ya sea enviada por correo o en persona al Secretario de la Ciudad, que la protesta adjunta es para la Audiencia Publica sobre los aumentos propuestos a las tarifas de servicios publicos.

El Concejo Municipal escuchara y considerara todas las protestas escritas y los comentarios orales a los aumentos de tarifas propuestos en la Audiencia Publica. Los comentarios orales en la audiencia publica no calificaran como protestas fonnales a menos que esten acompaiiados por una protesta por escrito como se describe anteriormente. Al concluir Ia Audiencia Publica, el Concejo 167
Municipal considerara la adopci6n de los aumentos de tarifas propuestos para las tarifas de servicios de agua, aguas residuales y residuos s61idos como se describe aqui. Si las protestas por escrito contra los aumentos de tarifas propuestos no son presentadas por la mayoria de los duefios de propiedades y los inquilinos de las parcelas identificadas sobre las cuales se propone imponer las tarifas, se autorizara al Concejo Municipal a imponer los respectivos aumentos de tarifas. Si la mayoria de los propietarios e inquilinos que son directamente responsables de! pago de las tarifas de servicios publicos presentan protestas por escrito, las tarifas propuestas pueden no adoptarse y las estructuras de tarifas existentes se seguiran utilizando hasta que se adopte otra estructura de tarifas.

Para obtener mas informaci6n o preguntas sobre el aumento de tarifa propuesto, puede comunicarse con el Departamento de Finanzas al 209-827-7000 o visitar el sitio web de la Ciudad para los Estudios de Tarifa de Utilidad en www.losbanos.org.

Los incrementos a las tarifas estan basados en un incremento maximo del 3.5% del CPI. El porcentaje actual podria ser menos basado en los resultados anuales de[ CPI* * El indice de Precios al Consumidor (CPI) que se aplicara es el Area de Todos los Consumidores Urbanos de San-Francisco-OaklandHayward, California; 1982-84 = 100, no ajustado estacionalmente, entre el indice de febrero mas recientemente publicado y el in dice correspondiente publicado doce meses antes, o el 3.5%, Io que sea menor.

Propuesta de Aumentos de Servicio de Agua
Las tarifas de servicio de agua de la Ciudad estan comprometidas en dos componentes: cargo fijo mensual por servicio y un cargo por uso de agua. El cargo por uso de agua se impone por el uso mensual de agua en exceso de 1,500 pies cubicos de agua medida. Las tarifas se calculan para recuperar los costos de proveer de servicios de agua y para asignar proporcionalmente esos costos en forma de parcela entere varias clases de clientes. Las tarifas propuestas y sus fechas de vigencia se establecen en las tablas a continuaci6n:

Propuesta de Tarifas Mensuales de Servicio de Agua
Julio 1, 2024 Julio 1, 2025 Julio 1, 2026 Julio 1, 2027 Julio 1, 2028 CPI* sin CPI* sin CPI* sin CPI* sin
Incremento de Porcentaje 2.4% exceeder exceeder exceeder exceeder

3.5% 3.5% 3.5% 3.5%
Residencial Tarifa ler Aiio 2do Aiio 3er Aiio 4to Aiio Sto Aiio Actual Medidor < l" $24.55 $25.14 $26.02 $26.93 $27.88 $28.85
Medidor 1 " - 1 ½" $29.90 $30.62 $31.69 $32.80 $33.95 $35.14 Medidor 1 ½"- 2" $34.46 $35.28 $36.52 $37.80 $39.12 $40.49 Medidor 2" - 3" $39.35 $40.29 $41.70 $43.16 $44.67 $46.24 Medidor 3"- 4" $49.16 $50.34 $52.10 $53.93 $55.82 $57.77 Viviendas Multiples > 1 Tarifa Fija Tarifa Fija + Tarifa Fija + Tarifa Fija + Tarifa Fija + Tarifa Fija + unidad + $8.73 por $8.94 por $9.25 por $9.58 por $9.91 por $10.26 por unidad unidad unidad unidad unidad unidad
Excedente por cada 100 pies $1.90 $1.95 $2.01 $2.08 $2.16 $2.23 cubicos
Comercial
Medidor < l" $24.55 $25.14 $26.02 $26.93 $27.88 $28.85
Medidor 1"- 1½" $29.90 $30.62 $31.69 $32.80 $33.95 $35.14 Medidor l½"- 2" $34.46 $35.28 $36.52 $37.80 $39.12 $40.49 Medidor 2" - 3" $39.35 $40.29 $41.70 $43.16 $44.67 $46.24 Medidor 3"- 4" $49.16 $50.34 $52.10 $53.93 $55.82 $57.77 Medidor>4" Determinado por el Departamento de Obras Publicas Multiple Comercial > 1 unidad Tarifa Fija Tarifa Fija + Tarifa Fija + Tarifa Fija + Tarifa Fija + Tarifa Fija + + $8.73 por $8.94 por $9.25 por $9.58 por $9.91 por $10.26 por unidad unidad unidad unidad unidad unidad
Excedente por cada 100 pies $1.90 $1.95 $2.01 $2.08 $2.16 $2.23 cubicos
Asignaci6n para todos los usuarios = 1,500 pies cubicos por mes.

Cualquier uso oor encima de 1,500 pies cubicos se cobrara una tarifa adicional por cada 100 pies cubicos. 168
Propuesta de Aumentos de Aguas Residuales
Las tarifas de servicio de aguas residuales de la Ciudad para clientes residenciales est.an compuestas por un cargo mensual fijo. Para los clientes no residenciales, las tarifas se componen de un cargo mensual fijo por servicio y un cargo por flujo. Las tarifas se calculan para recuperar los costos de servicios brindados de aguas residuales y para asignar proporcionalmente esos costos en forn1a de parcelas entre las varias clases de clientes. Las tarifas propuestas y sus fechas de vigencia se establecen en las tablas a continuaci6n:

Propuesta de Tarifas Mensuales de Servicio de Aguas Residuales Julio 1, 2024 Julio 1, 2025 Julio 1, 2026 Julio 1, 2027 Julio 1, 2028 CPI* sin CPI* sin CPI* sin CPI* sin
lncremento de Porcentaje 2.4% exceeder exceeder exceeder exceeder

3.5% 3.5% 3.5% 3.5%
Tarifa ler Afto 2do Afto 3er Ano 4to A:iio 5to Aiio Actual Residencial
Recolecci6n de Aguas Residuales
Tarifa Fiia $21.96 $22.49 $23.27 $24.09 $24.93 $25.80
Viviendas Multiples /Parques $21.96 + $22.49+ $23.27 + $24.09 + $24.93 + $25.80 + de Caravanas con alcantarillado $21 .96/unidad $22.49/unidad $23 .27 /unidad $24.09/unidad $24.93/unidad $25.80/unidad Tratamiento de A1mas Residuales
Tarifa Fiia $9.55 $9.78 $10.12 $10.48 $10.84 $11.22
Viviendas Multiples /Parques $9.55 + $9.78 + $10.12 + $10.48+ $10.84 + $11.22 + de Caravanas con alcantarillado $9.55/unidad $9. 78/unidad $10 .12/unidad $10.48/unidad $10.84/unidad $11.22/unidad Comercial
Recolecci6n de Ae.uas Residuales
Tarifa Fija $43.91 $44.96 $46.54 $48.17 $49.85 $51.60
Hoteles & Moteles $43.91 $44.96 $46.54 $48.17 $49.85 $51.60 Por habitaci6n con cocina $10.83 $11.09 $11.48 $11.88 $12.30 $12.73 Por habitaci6n sin cocina $5.47 $5.60 $5 .80 $6.00 $6.21 $6.43 Escuelas por estudiantes $0.99 $1.01 $1.05 $1.09 $1.12 $1.16 Lue.ares de Culto Religioso $21.96 $22.49 $23.27 $24.09 $24.93 $25.80 Tratamiento de Ai?Uas Residuales
Escuelas por estudiantes $1.93 $1.98 $2.05 $2.12 $2.19 $2.27 Industrial
Por 100 pies cubicos de aw a $1.64 $1.68 $1.74 $1.80 $1.86 $1.93 Panaderias, Restaurantes, Lavanderias, Cines, Empacadoras y Productos Lacteos Procesados en Seco Por 100 pies cubicos de aw a $2.09 $2.14 $2.22 $2.29 $2.37 $2.46 Productos Camicos
Por 100 pies cubicos de agua $2.74 $2.81 $2.90 $3.01 $3.11 $3.22 Multi-Negocio Tarifa Fija $20.60 $21.09 $21.83 $22.60 $23.39 $24.21 169
Propuesta de Aumentos de Residuos Solidos (Basura)
Las tarifas de los honorarios por el servicio de residuos s6lidos (basura) para clientes residenciales se componen de un cargo mensual fijo basado en el tamafio del contenedor de basura utilizado para dicha propiedad. Para los clientes comerciales, las tarifas se componen de un cargo mensual frjo que se determina sobre la base del contenedor de basura utilizado para servir a dicha propiedad y la frecuencia que se recoge. Las tarifas se calculan para recuperar los costos de proporcionar servicios de residuos s6lidos y para asignar proporcionalmente esos costos en forma de parcelas entre las varias clases de clientes. Las tarifas propuestas y sus fechas de vigencia se establecen en las tablas a continuaci6n:

Propuesta de Tarifas Mensuales de Servicio de Residuos Solidos Julio 1, 2024 Julio 1, 2025 Julio 1, 2026 Julio 1, 2027 Julio 1, 2028 CPI* sin CPI* sin CPI* sin CPI* sin
Incremento de Porcentaje 2.4% exceeder exceeder exceeder exceeder

3.5% 3.5% 3.5% 3.5%
Tarifa ler Aiio 2do Ano 3er Ano 4to Aiio Sto Aiio Actual Residencial Todos los contenedores residenciales se recogen una vez por semana Carro de 64 - gal $44.03 $45.09 $46.66 $48.30 $49.99 $51.74 Carro 96 - gal $66.04 $67.62 $69.99 $72.44 $74.98 $77.60 Carro Verde Extra $8.60 $8.81 $9.11 $9.43 $9.76 $10.11
Carro Reciclable Extra $8.60 $8.81 $9.11 $9.43 $9.76 $10.11 Recolecci6n Extra-64/96gal $20.09 $20.57 $21.29 $22.04 $22.81 $23.61 Entrega de Contenedor $32.19 $32.96 $34.12 $35.31 $36.55 $37.83 Comercial
Tarifa Mensual del Servicio de Contenedores con Recogida Semanal Carro de 64 - gal $38.70 $39.63 $41.02 $42.45 $43.94 $45.47 Carro de 96 - gal $58.06 $59.45 $61.53 $63.69 $65.92 $68.22 Tarifa Mensual de BloQueo $11.59 $11.87 $12.28 $12.71 $13.16 $13.62 Tarifa Mensual del Servicio de Contenedores - Frecuencia de Servicio Variable Contenedor de 1 varda cubica
1 recogida/semana $116.19 $118.98 $123.14 $127.45 $131.91 $136.53 2 recogidas/semana $171.43 $175.54 $181.69 $188.04 $194.63 $201.44 3 recogidas/semana $232.35 $237.93 $246.25 $254.87 $263.79 $273.03 4 recogidas/semana $293.35 $300.39 $310.91 $321.79 $333.05 $344.71 5 recogidas/semana $351.43 $359.87 $372.46 $385.50 $398.99 $412.95 6 recogidas/semana $418.31 $428.35 $443.34 $458.86 $474.92 $491.54 Contenedor de 1.5 yardas cubicas
1 recogida/semana $133.58 $136.79 $141.57 $146.53 $151.66 $156.97 2 recogidas/semana $206.15 $211.10 $218.48 $226.13 $234.05 $242.24 3 recoeidas/semana $278.82 $285.51 $295.50 $305.84 $316.55 $327.63 4 recogidas/semana $363.09 $371.80 $384.81 $398.28 $412.22 $426.65 5 recogidas/semana $464.73 $475.89 $492.54 $509.78 $527.62 $546.09 6 recogidas/semana $531.54 $544.29 $563.34 $583.06 $603.47 $624.59 Contenedor de 3 yardas cubicas
1 recogida/semana $217.89 $223 .12 $230.93 $239.02 $247.38 $256.04 2 recogidas/semana $394.96 $404.44 $418.60 $433.25 $448.41 $464.11 3 recoe.idas/semana $572.26 $585.99 $606.50 $627.73 $649.70 $672.44 4 recogidas/semana $717.46 $734.68 $760.40 $787.01 $814.55 $843.06 5 recoe.idas/semana $854.03 $874.53 $905.14 $936.82 $969.61 $1,003.54 6 recogidas/semana $978.86 $1 ,002.35 $1 037.43 $1 ,073.74 $1 ,111.32 $1 150.22 Contenedor de 6 vardas cubicas
1 recogida/semana $345.79 $354.09 $366.48 $379.31 $392.58 $406.32 2 recogidas/semana $642.18 $657.60 $680.61 $704.43 $729.09 $754.61 3 recogidas/semana $889.12 $910.46 $942.33 $975.31 $1 ,009.45 $1 044.78 4 recogidas/semana $1,136.18 $1 ,163.44 $1,204.16 $1 ,246.31 $1,289.93 $1 335.08 5 reco!?idas/semana $1,383 .17 $1 ,416.37 $1 ,465.94 $1,517.25 $1 570.35 $1 625.31 6 recogidas/semana $1,630.12 $1 669.25 $1,727.67 $1 788.14 $1 850.72 $1,915.50 170
Propuesta de Tarifas Mensuales de Servicio de Residuos Solidos Julio 1, 2024 Julio l, 2025 Julio 1, 2026 Julio 1, 2027 .Julio l . 2028 CPI* sin CPI* sin CPI* sin CPI* sin
lncremento de Porcentaje 2.4% exceeder exceeder exceeder exceeder

3.5% 3.5% 3.5% 3.5%
Tarifa ler Aiio 2do Ano 3er Aiio 4to Aiio 5to Aiio Actual Contenedor de 8 yardas cubicas
1 recogida/semana $464.38 $475.52 $492.16 $509.39 $527.22 $545.67 2 recogidas/semana $790.38 $809.35 $837.67 $866.99 $897.34 $928.74 3 recogidas/semana $1,086.77 $1,112.86 $1,151.81 $1,192.12 $1,233.84 $1,277.03 4 recogidas/semana $1,383.17 $1,416.37 $1,465.94 $1 ,517.25 $1,570.35 $1,625.31 5 recogidas/semana $1,654.88 $1,694.60 $1,753.91 $1,815.29 $1,878.83 $1,944.59 6 recogidas/semana $1,926.53 $1,972.77 $2 041.81 $2,113.28 $2,187.24 $2.263.80 Materiales Reciclables Comerciales/Materiales de Desecho Verde Carro de 96 - gal $6.21 $6.36 $6.59 $6.82 $7.06 $7.30
Contenedor de 1.5 cu yd. $82.21 $84.18 $87.13 $90.18 $93.33 $96.60 Contenedor de 3 cu yd. $138.82 $142.15 $147.13 $152.28 $157.61 $163.12 Contenedor de 6 cu vd. $230.96 $236.50 $244.78 $253.35 $262.22 $271.39 Additional Pick Ups charees are por occurrence
Bolsa de 32- gal $14.34 $14.69 $15.20 $15.73 $16.28 $16.85 Carro de 64- or 96-gal $14.34 $14.69 $15 .20 $15.73 $16.28 $16.85 Contenedor de 1 cu yd. $43.03 $44.06 $45 .61 $47.20 $48.85 $50.56 Contenedor de 1.5 cu yd. $49.48 $50.67 $52.44 $54.28 $56.18 $58.14 Contenedor de 3 cu yd. $80.70 $82.63 $85.53 $88.52 $91.62 $94.82 Contenedor de 6 cu yd. $128.06 $131.13 $135.72 $140.47 $145.39 $150.48 Contenedor de 8 cu yd. $171.99 $176.11 $182.28 $188.66 $195.26 $202.10 Careos Adicionales por Recog,ida de Material Reciclable por Ocurrencia Bolsa de 32- gal $7.18 $7.35 $7.61 $7.87 $8.15 $8.43
Carro de 64- or 96-gal $7.18 $7.35 $7.61 $7.87 $8.15 $8.43 Contenedor de I cu vd. $21.52 $22.04 $22.81 $23.61 $24.43 $25.29 Contenedor de 1.5 cu vd. $24.73 $25.33 $26.21 $27.13 $28.08 $29.06 Contenedor de 3 cu yd. $40.35 $41.32 $42.77 $44.27 $45.82 $47.42 Contenedor de 6 cu yd. $64.04 $65.57 $67.87 $70.24 $72.70 $75.25 Contenedor de 8 cu vd. $86.00 $88.07 $91.15 $94.34 $97.64 $101.06 Servicio de Recoleccion Programada Regular (Tarifa de recogida/devolucion sin incluir la tarifa inicial de entrega) Contenedor de 6 cu yd. $286.87 $293.75 $304.03 $314.68 $325.69 $337.09 Contenedor de 14 cu yd. $286.87 $293.75 $304.03 $314.68 $325.69 $337.09 Contenedor de 20 cu vd. $409.83 $419.67 $434.36 $449.56 $465.30 $481.58 Contenedor de 30 cu yd. $607.05 $621 .62 $643.37 $665.89 $689.20 $713.32 Contenedor de 40 cu yd. $809.36 $828.78 $857.79 $887.81 $918.88 $951.05 Servicio de Recoleccion Bajo Llamado (Tarifa de recogida incluye la tarifa de entrega; no incluye la tarifa de demora) Contenedor de 6 cu vd. $354.36 $362.87 $375.57 $388.71 $402.32 $416.40 Contenedor de 14 cu yd. $354.36 $362.87 $375.57 $388.71 $402.32 $416.40 Contenedor de 20 cu yd. $477.33 $488.79 $505.89 $523.60 $541.93 $560.89 Contenedor de 30 cu yd. $674.52 $690.71 $714.89 $739.91 $765.80 $792.61 Contenedor de 40 cu yd. $876.85 $897.90 $929.32 $961.85 $995.51 $1,030.36 Servicio Regular de Compactador Programado - Compactadores Propios del Cliente (Tarifa de recogida/devolucion sin incluir la tarifa inicial de entrega)
Contenedor de 14 cu yd. $286.87 $293.75 $304.03 $314.68 $325.69 $337.09 Contenedor de 16 cu yd. $327.85 $335.72 $347.47 $359.63 $372.22 $385.24 Contenedor de 20 cu yd. $409.81 $419.65 $434.34 $449.54 $465.27 $481.56 Contenedor de 24 cu yd. $491.79 $503.59 $521.21 $539.46 $558.34 $577.88 Contenedor de 25 cu yd. $512.27 $524.56 $542.92 $561.92 $581.59 $601 .94 Contenedor de 30 cu vd. $583.43 $597.44 $618.35 $639.99 $662.39 $685 .57 Contenedor de 38 cu yd. $778.65 $797.34 $825.25 $854.13 $884.03 $914.97 Contenedor de 40 cu vd. $819.62 $839.30 $868.67 $899.07 $930.54 $963.11 171
Propuesta de Tarifas Mensuales de Servicio de Residuos Solidos Julio 1, 2024 Julio 1, 2025 Julio 1, 2026 Julio 1, 2027 Julio 1 2028 CPI* sin CPI* sin CPI* sin CPI* sin
Incremento de Porcentaje 2.4% exceeder exceeder exceeder exceeder

3.5% 3.5% 3.5% 3.5%
Tarifa ler Afio 2do Afio 3er Afio 4to Afio 5to Aiio Actual Servicio Regular de Compactador Programado - Compactadores Propiedad del Contratista (Tarifa de recogida/ devolucion sin incluir la tarifa inicial de entre~a)
Contenedor de 14 cu vd. $286.87 $293.75 $304.03 $314.68 $325.69 $337.09 Contenedor de 16 cu yd. $327.85 $335.72 $347.47 $359.63 $372.22 $385.24 Contenedor de 20 cu yd. $409.81 $419.65 $434.34 $449.54 $465.27 $481.56 Contenedor de 24 cu yd. $491.79 $503.59 $521.21 $539.46 $558.34 $577.88 Contenedor de 30 cu vd. $614.73 $629.48 $651.51 $674.32 $697.92 $722.35 Contenedor de 38 cu yd. $778.65 $797.34 $825.25 $854.13 $884.03 $914.97 Contenedor de 40 cu vd. $819.62 $839.30 $868.67 $899.07 $930.54 $963.11 Can?o por Contaminacion de Materiales Reciclables al recibir el 3er Aviso del Contratista Remoci6n del Contenedor $28.98 $29.67 $30.71 $31.79 $32.90 $34.05 172
LOsBanos
r die C,ossroacls of Calijornia
Agenda Staff Report
TO:

FROM:

Mayor & City Council Members
Lucy Mallonee, MMC J'.2M
City Clerk/Human Resources Director
DATE: April 17, 2024
TYPE OF REPORT: Agenda Item
SUBJECT: City Commission Appointment
Recommendation:

Appoint member to the following City Commission:

Measure H Citizens' Oversight Committee - One (1) Vacancy One (1) Unexpired Term - Expiring December 31, 2025
Discussion:

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

Fiscal Impact:

None
Reviewed by:
173

THIS PAGE IS INTENTIONALLY LEFT BLANK
174
LOsBanos
At tl1r _ro.-.sroads ,f c1lifo1 oia
.w

COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT
-
Date: April 12, 2024
Regarding: Notice of Public Hearing
Proposal: Mobile Food Vendor Permit #2024-03 - Mauricio Colmenares Pacheco (dba Pacheco Pass Food Truck)
NOTICE IS HEREBY GIVEN THAT a Public Hearing will be held by the Los Banos Planning Commission to consider a Categorical Exemption from the California Environmental Quality Act (CEQA) and a Mobile Food Vendor Permit #2024-03 to allow the operation of a mobile food vending vehicle on private property for Mauricio Colmenares Pacheco dba Pacheco Pass Food Truck. The subject property is located within the Highway Commercial Zoning District at 401 W. Pacheco Blvd., more specifically identified as Assessor's Parcel Number:
027-161-048.

A PUBLIC HEARING on this matter will be held at the next scheduled meeting of the Los Banos Planning Commission on Wednesday, April 24, 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 Rudy,..,.,,"""~ -
Associate Planner
175

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