LOs Banos
At the Crossroads of California
www.losbanos.org
AGENDA
CITY COUNCIL MEETING
CITY HALL COUNCIL CHAMBERS
520 J Street
Los Banos, California
JUNE 5, 2024 - 6:00 PM
Live stream on YouTube at:
https://www.youtube.com/@losbanos406 1································•············· ··················... ···········•·•············································ ········ If you require special assistance to attend or participate in this meeting, please call the City Clerk's Office@ (209) 827-7000 at least 48 hours prior to the meeting.
The City of Los Banos complies with the Americans with Disabilities Act (ADA) of 1990. * * * * * * * * *
Si requiere asistencia especial para a tender o participar en esta junta por favor flame a la oficina de la Secretaria de la ciudad al (209) 827-7000 a lo menos de 48 horas previas de /a 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 /os documentos proporcionaron a una mayorfa def Ayuntamiento respecto a cualquier artfcu/o 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 public with an opportunity to make public comment at any public meeting. As an alternative for in-person comments, written public comment may be made by e-mail to [email protected] or delivered to the City Clerk at City Hall, 520 J Street three (3) hours prior to the scheduled time of the meeting. Comments received will not be read aloud at the meeting, but shall be distributed to the City Council via e-mail and added to the agenda packet on the City's website for public review. Agenda packets can be found on the City's website, at__th.a following link: https://losbanos.org/categoty/city-council/ Los Banos City Council Agenda - June 5, 2024 Page 1 of5 1 1. CALL TO ORDER - June 5, 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. PRESENTATION.
A. Certificate of Recognition - Employee of the Month for May 2024 - Justin Caruthers, Maintenance Worker II, Public Works Department.
6. PUBLIC FORUM. (Members of the public may address the City Council Members on any item of public interest that is within the jurisdiction of the City Council; includes agenda and non-agenda items. No action will be taken on non-agenda items. Speakers are limited to a five (5) minute presentation. Detailed guidelines are posted on the Council Chamber informational table.)
7. CONSIDERATION OF APPROVAL OF CONSENT AGENDA. (Items on the Consent Agenda are considered to be routine and will be voted on in one motion unless removed from the Consent Agenda by a City Council Member.) A. Check Register for #245305 - #245597 in the Amount of $2,861,565.33.
Recommendation: Approve the check register as submitted.
B. Measure H Oversight Committee Financial Update.
Recommendation: Accept the report as submitted.
C. Measure P Oversight Committee Report.
Recommendation: Accept the report as submitted.
D. City Council Resolution No. 6772 - Delegating Authority to the City Manager, After Consultation with Legal Counsel, to Negotiate and Purchase All Right of Way Real Property Interests, Including Fee Title, Easements and Leases, Necessary for the Ortigalita Road / Pioneer Road Intersection Improvement Project, Including Executing Certificates of Acceptance and Complying with All Legal Obligations Associated with the Purchases, Within the Authority Provided by the City Council.
Recommendation: Adopt the resolution as submitted.
Los Banos City Council Agenda - June 5, 2024 Page 2 of 5 2 E. City Council Resolution No. 6773 - Approving, Authorizing and Ratifying the City's Participation in the Homeland Security Grant Program and Authorizing the City Manager on Behalf of the City of Los Banos to Enter into the Standard Grant Assurance Agreement with Cal-OES and a Subrecipient Agreement with the County of Merced for Fiscal Year 2021 .
Recommendation: Adopt the resolution as submitted.
F. City Council Resolution No. 6774 - Approving, Authorizing and Ratifying the City's Participation in the Homeland Security Grant Program and Authorizing the City Manager on Behalf of the City of Los Banos to Enter into the Standard Grant Assurance Agreement with Cal-OES and a Subrecipient Agreement with the County of Merced for Fiscal Year 2022.
Recommendation: Adopt the resolution as submitted.
G. City Council Resolution No. 6775 - Approving, Authorizing and Ratifying the City's Participation in the Homeland Security Grant Program and Authorizing the City Manager on Behalf of the City of Los Banos to Enter into the Standard Grant Assurance Agreement with Cal-OES and a Subrecipient Agreement with the County of Merced for Fiscal Year 2023.
Recommendation: Adopt the resolution as submitted.
H. City Council Resolution No. 6776 - Awarding Contract for Publication of Legal Notices/Legal Advertisements for Fiscal Year Ending June 30, 2025 and Authorizing and Directing the City Manager to Execute Agreement with The Westside Express.
Recommendation: Adopt the resolution as submitted.
I. City Council Resolution No. 6777 - Calling and Giving Notice of the Holding of a General Municipal Election to be Held on Tuesday, November 5, 2024 for the Election of Certain Officers: Mayor "At-Large" for a Full Term of Two (2) Years, Council Member for District 1 for a Full Term of Four (4) Years, Council Member for District 4 for a Full Term of Four (4) Years, and City Treasurer "At-Large" for an Unexpired Term of Two (2) Years as Required by the Provisions of the Laws of the State of California.
Recommendation: Adopt the resolution as submitted.
J. City Council Resolution No. 6778 - Requesting that the Board of Supervisors of the County of Merced Consolidate a General Municipal Election to be Held on Tuesday, November 5, 2024 with the California Statewide Presidential General Election to be held on the Date Pursuant to Section 10403 of the Election Code.
Recommendation: Adopt the resolution as submitted.
8. CONSIDERATION OF THE RENEWAL OF THE LOS BANOS DOWNTOWN PROPERTY BUSINESS IMPROVEMENT DISTRICT (LBDPBID).
Los Banos City Council Agenda - June 5, 2024 Page 3of 5 3 A City Council Resolution No. 6779 - Authorizing the City Manager to Sign a Petition and an Assessment Ballot Regarding City Properties within the Renewed LBDPBID.
B. City Council Resolution No. 6780 - Declaring its Intention to Renew the Los Banos LBDPBID and Fixing the Time and Place of a Public Hearing in Thereon and Giving Notice Thereof.
Recommendation: Receive the staff report and adopt the resolutions as submitted.
9. 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 the Levy of the Proposed Annual Assessment for the 2024-2025 Fiscal Year for Landscaping and Lighting District Nos. 1-7 and 9-19.
1) City Council Resolution No. 6781 - Confirming Diagram, Assessment and Levying Assessments for Landscaping and Lighting District Nos. 1-7 and 9-19 for the 2024-2025 Fiscal Year.
Recommendation: Receive staff report, open public hearing, close the public hearing, and adopt the resolution as submitted.
B. Public Hearing - To Receive Public Comment and Consideration of the Appropriation Limitation for the 2024-2025 Fiscal Year (FY). 1) City Council Resolution No. 6782 - Setting the Tax Related Appropriation Limit in Compliance with Proposition 4 and Proposition 111 for the 2024-2025 FY.
Recommendation: Receive staff report, open the public hearing, receive public comment, close the public hearing, select population and inflation option, and adopt the resolution as submitted.
C. Public Hearing - To Receive Public Comment and Consideration of the 2024- 2025 Fiscal Year (FY) Budget.
1) City Council Resolution No. 6783 - Adopting the 2024-2025 FY Budget, Including Updates to Division 4, Employee Salary Schedule, of the Los Banos Policy & Procedures Manual.
Recommendation: Receive staff report, open the public hearing, receive public comment, close the public hearing, and adopt the resolution as submitted.
10. ADVISEMENT OF PUBLIC NOTICES. (One Report)
Recommendation: Informational item only, no action to be taken.
Los Banos City Council Agenda - June 5, 2024 Page 4 of5 4 11. CITY MANAGER REPORT.
Recommendation: Informational item only, no action to be taken.
12. REPORT/UPDATE ON MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG), PENINSULA CLEAN ENERGY (PCE), MEASURE V COMMITTEE, AND
SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT (SJVAPCD),
AND LOS BANOS DOWNTOWN PROPERTY & BUSINESS IMPROVEMENT
DISTRICT (LBDPBID).
Recommendation: Informational item only, no action to be taken.
13. CITY COUNCIL MEMBER REPORTS.
A. Brett Jones - District 3
B. Deborah Lewis - District 4
C. Kenneth Lambert - District 1
D. Douglas Begonia, Jr. - District 2
E. Paul Llanez - Mayor
14. ADJOURNMENT.
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting.
Lucille
g_c4(.,
L. Mallonee,
-f. ~
City Clerk Dated this 31st day of May 2024
Los Banos City Council Agenda - June 5, 2024 Page 5 of 5 5 THIS PAGE IS INTENTIONALLY LEFT BLANK
6 CERTIFICATE OF RECOGNITION
<Presented <To
Justin Caruthers
MAINTENANCE WORKER II - Public Works
In recognition of your outstandtng peiformance
and dedtcated service to the City of Los <Banos and
for 6eing named "P,mp{oyee of the :Jvtonth "for :Jvtay 2024.
Pau{ £Canez, <M.ayor
<Dated: June 5, 2024
rOsBanos
At tlte Crossrotul~ of California
7 THIS PAGE IS INTENTIONALLY LEFT BLANK
8 CK # 245305 - # 245597 06/05/2024 $2,861,565.33
Check Report
Check by Date
Check Number
245306
245307
245308
245309
245310
245311
245312
245313
245314
245315
245316
245317
245318
245319
245320
245321
245322
245323
245324
245325
245326
245327
245328
245329
245330
245331
245332
245333
245334
245335
245336
245337
245338
245339
245340
245341
245342
245343
245344
245345
245346
245347
245348
245349
245350
245351
245352
245353
245354
245355
245357
Payment Date Vendor Name
05/10/2024 Apex Annex Health Center, Inc.
05/10/2024 Sara Blevins
05/10/2024 CSG Consultants Inc.
05/10/2024
05/10/2024
05/10/2024
05/10/2024
05/10/2024
05/10/2024
05/10/2024
05/10/2024
05/10/2024
05/10/2024
05/10/2024
05/10/2024
05/10/2024
05/10/2024
05/10/2024
05/10/2024
05/10/2024
05/10/2024
05/10/2024
05/10/2024
05/10/2024
05/10/2024
05/10/2024
05/10/2024
05/10/2024
05/10/2024
05/10/2024
05/10/2024
05/10/2024
05/10/2024
05/10/2024
05/10/2024
05/10/2024
05/10/2024
05/10/2024
05/10/2024
05/10/2024
05/10/2024
05/10/2024
05/10/2024
05/10/2024
05/10/2024
05/10/2024
05/10/2024
05/10/2024
05/10/2024
05/10/2024
05/10/2024
Patricia Cortes
Dispensing Technology Corporation
Dept of Conservation Div of Ad min Services
Granite Construction Inc
Garlic and Onion Advisory Board
Halcyon Creek Inc.
Cynthia Hernandez
Laboratory Corporation of America Holdings
Merced County Regional Waste Management Authority
Michael Munoz
Gerald "Obie" O'Brien
O'Dell Engineering
PG&E Company
Vanessa Portillo
Franchesca Patino
Strobes N More
Triangle Rock Products
Turlock Sheet Metal & Welding Inc.
US Bank Corp Pymt System
Windecker Inc
Always Rescue Plumbing Inc
Aramark Uniform Ser Inc
Battery Systems, Inc.
Blueglobes LLC
Boot Barn
Core Business Interiors
Cook's Communications Corp.
Copy Shipping Solutions
CPS
Deptartment of Transportation Office of Outdoor Ad
Dos Palos Publishing Company
F S Rod Inc
Fast Track Car Wash
Get Plaques, LLC
GoTo Communications, Inc.
Grainger Parts Operations
Joseph P Silva
Kalmikov Enterprises, Inc
Marfab Inc
Merced Truck & Trailer Inc
O'Dell Engineering
O'Reilly Auto Parts
Pete Grove
Gametime
Save Mart Supermarkets
Sherwin Williams Co
Sorensens True Value
Sorensens True Value
LOs Banos
d f f,n i
Module
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Payment Type
Check
Check
Check
Check
Check
Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Payment Amount
3,157.00
513.75
110,843.71
300.00
12,459.74
5,992.56
6,932.43
300.00
6,961.30
100.00
283.50
9,314.84
600.00
77.14 22,407.50
136,027.83
106.77
150.00
5,334.87
14,936.63
250,000.00
49,761.23
26,746.07
400.00
416.17
751.12
2,077.63
190.00
1,526.24
320.00
1,495.13
1,865.00
250.00
30.00 4,400.00
385.00
2,356.39
3,852.54
2,896.69
287.25
179.96
23.61 417.67
4,746.75
1,748.03
130.00
1,445.00
175.00
186.45
640.04
83.63 9
245358 05/10/2024 Terryberry Company LLC Accounts Payable Check 234.19 245359 05/10/2024 The Sidwell Company Accounts Payable Check 1,280.00 245360 05/10/2024 Samantha Alison Tova Accounts Payable Check 395.00 245361 05/10/2024 US Fueling Solutions Accounts Payable Check 2,405.07 245362 05/10/2024 VCA Animal Hospitals, Inc. Accounts Payable Check 645.95 245363 05/10/2024 Vestis Group, Inc. Accounts Payable Check 351.07 245364 05/10/2024 Vestis Accounts Payable Check 193.81
245365 05/10/2024 Windecker Inc Accounts Payable Check 806.70 245366 05/10/2024 Young's Air Conditioning Accounts Payable Check 330.55 245367 05/10/2024 Youth Evolution Activites Accounts Payable Check 1,309.75 245368 05/10/2024 Guillermo Godinez Utility Billing Check 105.00 245369 05/10/2024 Suha Yosif Utility Billing Check 13.26 245370 05/10/2024 Martin & Deborah Schopp Utility Billing Check 16.26 245371 05/10/2024 Tseng Wen Kung Utility Billing Check 35.37 245372 05/10/2024 DLP Real Estate, Inc. Utility Billing Check 124.65 245373 05/10/2024 Marissa Campos Utility Billing Check 135.33 245374 05/10/2024 Dolores Rodriguez Utility Billing Check 14.82 245375 05/10/2024 Kristin Miguel Utility Billing Check 121.37 245376 05/10/2024 Jeremiah Hernandez Utility Billing Check 32.92 245377 05/10/2024 Century Communities Utility Billing Check 175.45 245378 05/10/2024 Irma Orozco Utility Billing Check 114.82 245379 05/10/2024 Olga Paradiso Utility Billing Check 103.57 245380 05/10/2024 LaKeidra Lattimore Utility Billing Check 62.40 245381 05/10/2024 Adriana Cardenas-Gutierrez Utility Billing Check 64.73 245382 05/10/2024 Brandi Gleason Utility Billing Check 167.24 245383 05/10/2024 MHP Builders Inc Utility Billing Check 173.07 245384 05/10/2024 MHP Builders Inc Utility Billing Check 172.28 245385 05/10/2024 Jessica Ramirez Utility Billing Check 46.03 245386 05/10/2024 Century Communities Utility Billing Check 170.70 245387 05/10/2024 Century Communities Utility Billing Check 165.15 245388 05/17/2024 AFSCME District Council 57 Accounts Payable Check 8.15 245389 05/17/2024 Central Valley Cardiovascular Group Inc. Accounts Payable Check 200.00 245390 05/17/2024 Employment Development Dept Accounts Payable Check 4,929.00 245391 05/17/2024 Gallagher Benefit Services, Inc. Accounts Payable Check 6,250.00 245392 05/17/2024 Halcyon Creek Inc. Accounts Payable Check 24,426.24 245393 05/17/2024 Home Depot Accounts Payable Check 4,333.97 245395 05/17/2024 lnfoSend Inc. Accounts Payable Check 30,578.32 245396 05/17/2024 Phil Jacob Accounts Payable Check 2,250.00 245397 05/17/2024 Brent Kuhn Accounts Payable Check 15,840.00 245398 05/17/2024 Mid-Valley Disposal LLC Accounts Payable Check 569,533.25 245399 05/17/2024 Phoenix Group Information Systems Accounts Payable Check 12,614.06 245400 05/17/2024 Provost and Pritchard Engineering, Inc. Accounts Payable Check 5,394.10 245401 05/17/2024 Quad Knopf, Inc. Accounts Payable Check 16,697.51 245402 05/17/2024 SHI International Corp Accounts Payable Check 77.80 245403 05/17/2024 St. Francis Electric, LLC Accounts Payable Check 43,700.00 245404 05/17/2024 Law Offices of William A Vaughn Accounts Payable Check 10,850.00 245405 05/17/2024 Westamerica Bank
- Cafeteria Plan Accounts Payable Check 88,479.84
245406 05/17/2024 AAA Business Supplies Accounts Payable Check 121.37 245407 05/17/2024 Anthony Gomes Accounts Payable Check 720.00 245408 05/17/2024 AT&T Mobility Accounts Payable Check 781.05 245409 05/17/2024 AT&T Accounts Payable Check 2,965.16
245410 05/17/2024 BJ's Consumers Choice Pest Control Inc. Accounts Payable Check 125.00 245411 05/17/2024 Bound Tree medical LLC Accounts Payable Check 2,501.77 245412 05/17/2024 Brinks Inc. Accounts Payable Check 913.46 245413 05/17/2024 Bruce's Tire Inc Accounts Payable Check 50.00 245414 05/17/2024 BSK Associates Accounts Payable Check 1,212.00 245415 05/17/2024 Cen-Cal Air Accounts Payable Check 75.00 245416 05/17/2024 CENCAL Machine & Fabrication Inc. Accounts Payable Check 53.87 245417 05/17/2024 Coffee Break Service Inc. Accounts Payable Check 165.89 245418 05/17/2024 CSG Consultants Inc. Accounts Payable Check 115.00 245419 05/17/2024 Lamar A. Cummings Accounts Payable Check 369.68 245420 05/17/2024 Lupe Castro Accounts Payable Check 350.00 10 245421 05/17/2024 De Lage Landen Public Finance LLC Accounts Payable Check 2,788.59 245422 05/17/2024 Electric Drives Inc Accounts Payable Check 1,861.85 245423 05/17/2024 Employee Relations, Inc. Accounts Payable Check 50.00 245424 05/17/2024 Fresno Police Department R.T.C. Accounts Payable Check 144.00 245425 05/17/2024 Galls Inc Accounts Payable Check 230.07 245426 05/17/2024 Government Revenue Solutions Holdings I, LLC Accounts Payable Check 750.00 245427 05/17/2024 Halcyon Creek Inc. Accounts Payable Check 1,512.81 245428 05/17/2024 Halo Branded Solutions Inc. Accounts Payable Check 1,248.49 245429 05/17/2024 Henley Pacific, LLC Accounts Payable Check 150.60 245430 05/17/2024 Hilmar Lumber Inc. Accounts Payable Check 271.77 245431 05/17/2024 Hillyard, Inc Accounts Payable Check 622.31 245432 05/17/2024 lngomar Packing Co. Accounts Payable Check 600.00 245433 05/17/2024 JC's Pure Water & More Accounts Payable Check 148.71 245434 05/17/2024 J.J.R. Enterprises Inc. Accounts Payable Check 2,170.48 245435 05/17/2024 Krazan & Associates Accounts Payable Check 2,600.00 245436 05/17/2024 Los Banos Chamber Of Commerce Accounts Payable Check 100.00 245437 05/17/2024 Lowe's Accounts Payable Check 1,796.99 245438 05/17/2024 Scott Leer Accounts Payable Check 350.00 245439 05/17/2024 Marfab Inc Accounts Payable Check 503.71 245440 05/17/2024 Merced Truck & Trailer Inc Accounts Payable Check 431.81 245441 05/17/2024 Napa Auto Parts of Los Banos Accounts Payable Check 11.03 245442 05/17/2024 NDN International LLC Accounts Payable Check 684.79 245443 05/17/2024 Kevin M Nelson Accounts Payable Check 190.00 245444 05/17/2024 Frederic Andy Nichols Accounts Payable Check 2,500.00 245445 05/17/2024 OSE Accounts Payable Check 896.91
245446 05/17/2024 O'Reilly Auto Parts Accounts Payable Check 659.68 245447 05/17/2024 PB Loader Corporation Accounts Payable Check 1,004.09 245448 05/17/2024 Pace Supply Corp. Accounts Payable Check 142.75 245449 05/17/2024 Pitney Bowes Inc Accounts Payable Check 144.41 245450 05/17/2024 Plastix Plus LLC Accounts Payable Check 3,912.69 245451 05/17/2024 Purchase Power Inc Accounts Payable Check 3,146.70 245452 05/17/2024 Protech Security & Electronics, Inc. Accounts Payable Check 135.00 245453 05/17/2024 Razzari Dodge Chrysler Jeep Accounts Payable Check 3,267.20 245454 05/17/2024 Riggs Ambulance Service Accounts Payable Check 595.00 245455 05/17/2024 Safety-Kleen Systems, Inc. Accounts Payable Check 1,333.80 245456 05/17/2024 Save Mart Supermarkets Accounts Payable Check 148.57 245457 05/17/2024 Sherwin Williams Co Accounts Payable Check 351.16 245458 05/17/2024 Frank Silveria Accounts Payable Check 1,252.50 245459 05/17/2024 Southern Tire Mart, LLC Accounts Payable Check 120.00 245460 05/17/2024 Sorensens True Value Accounts Payable Check 748.98 245461 05/17/2024 Sorensens True Value Accounts Payable Check 38.04 245462 05/17/2024 Terryberry Company LLC Accounts Payable Check 126.92 245463 05/17/2024 Tractor Supply Credit Plan Accounts Payable Check 126.13 245464 05/17/2024 Triangle Rock Products Accounts Payable Check 492.85 245465 05/17/2024 Tyler Technologies, Inc. Accounts Payable Check 5,196.00 245466 05/17/2024 Marjorie Terranova Accounts Payable Check 600.00 245467 05/17/2024 Unique Glass Accounts Payable Check 162.87 245468 05/17/2024 Raymond John Van Nieuwenhuyzen Accounts Payable Check 2,048.36 245469 05/17/2024 Vestis Group, Inc. Accounts Payable Check 1,059.21 245470 05/17/2024 Vestis Accounts Payable Check 193.81
245471 05/17/2024 West Publishing Corporation Accounts Payable Check 503.08 245472 05/17/2024 Windecker Inc Accounts Payable Check 11,232.98 245473 05/17/2024 Young's Air Conditioning Accounts Payable Check 6,869.75 245474 05/17/2024 Laura Huitron Utility Billing Check 111.54 245475 05/17/2024 Amin Mohammadi Utility Billing Check 53.85 245476 05/17/2024 Yvette Diane Flores Utility Billing Check 88.61 245477 05/17/2024 Phillip Lucero Utility Billing Check 39.47 245478 05/17/2024 Blossom Valley Realty Utility Billing Check 168.09 245479 05/17/2024 CSR Realty Options Utility Billing Check 141.03 245480 05/17/2024 Los Banos Property Management Services Utility Billing Check 101.56 245481 05/17/2024 Pacific Credit Services Utility Billing Check 198.23 245482 05/17/2024 Stacy A Filice Utility Billing Check 157.41 11 245483 05/17/2024 Pacific Credit Services Utility Billing Check 198.23 245484 05/17/2024 MHP Builders Inc Utility Billing Check 24.55 245485 05/17/2024 MHP Builders Inc Utility Billing Check 24.55 245486 05/17/2024 Manuel Chavarria Ill Utility Billing Check 198.23 245487 05/17/2024 Emily Osuna Utility Billing Check 198.23 245488 05/17/2024 Pacific Credit Services Utility Billing Check 198.23 245489 05/17/2024 Pacific Credit Services Utility Billing Check 198.23 245490 05/17/2024 Reynaldo S Garibay SR Utility Billing Check 198.23 245491 05/17/2024 Pacific Credit Services Utility Billing Check 198.23 245492 05/17/2024 Pacific Credit Services Utility Billing Check 198.23 245493 05/17/2024 Pacific Credit Services Utility Billing Check 198.23 245494 05/17/2024 MHP Builders Inc Utility Billing Check 24.55 245495 05/17/2024 MHP Builders Inc Utility Billing Check 24.55 245498 05/20/2024 Aflac-Customer Service Accounts Payable Check 235.68 245499 05/20/2024 AFSCME District Council 57 Accounts Payable Check 1,649.51 245500 05/20/2024 Empower Annuity Ins. Co of America Accounts Payable Check 2,947.00 245501 05/20/2024 Empower Annuity Ins. Co of America Accounts Payable Check 1,692.19 245502 05/20/2024 Los Banos Fitness & Racquet Club Accounts Payable Check 265.00 245503 05/20/2024 Los Banos Police Assn Accounts Payable Check 1,085.00 245504 05/20/2024 Los Banos Police Assn. Accounts Payable Check 245.00 245505 05/20/2024 Merced County Sheriff Accounts Payable Check 650.14 245506 05/20/2024 Merced County Sheriff Accounts Payable Check 200.00 245507 05/20/2024 MissionSquare Accounts Payable Check 441.65 245S08 05/20/2024 MissionSquare Accounts Payable Check 9,075.00 245509 05/20/2024 Nationwide Retirement Solutions Accounts Payable Check 4,155.33 245510 05/20/2024 Professional Fire Fighter of Los Banos Local 4703 Accounts Payable Check 1,050.00 245511 05/20/2024 State Disbursement Unit Accounts Payable Check 1,050.00 245512 05/23/2024 MJ'S Mobile Fleet LLC Accounts Payable Check 630.00 245513 05/24/2024 Anderson Pump Company Inc Accounts Payable Check 44,517.91 245514 05/24/2024 Apex Annex Health Center, Inc. Accounts Payable Check 1,991.00 245515 05/24/2024 Richard A Blak Phd Accounts Payable Check 930.00 245516 05/24/2024 Carollo Inc. Accounts Payable Check 20,875.75 245517 OS/24/2024 City of Los Banos Utility Accounts Payable Check 32,375.43 245518 05/24/2024 Gouveia Engineering Inc. Accounts Payable Check 19,199.13 245519 05/24/2024 Halcyon Creek Inc. Accounts Payable Check 54,679.98 245520 05/24/2024 Rick Justice Accounts Payable Check 25.78 245521 05/24/2024 Mark Thomas & company. Inc. Accounts Payable Check 9,979.58 245522 05/24/2024 Merced MRI Medical Group Accounts Payable Check 150.00 245523 05/24/2024 Nossaman, LLP Accounts Payable Check 599.50 245524 05/24/2024 Phoenix Group Information Systems Accounts Payable Check 17,979.69 245525 05/24/2024 Pinnacle Medical Group, Inc. Accounts Payable Check 115.00 245526 05/24/2024 Ronny's Inc. Accounts Payable Check 113,787.44 245527 05/24/2024 Stantec Consulting Services, Inc. Accounts Payable Check 6,443.50 245528 05/24/2024 Superior Pool Products, LLC Accounts Payable Check 24,826.62 245529 05/24/2024 Synagro-WWT, Inc. Accounts Payable Check 645,908.90 245530 05/24/2024 Thirkettle Corporation Accounts Payable Check 56,898.00 245531 05/24/2024 Law Offices of William A Vaughn Accounts Payable Check 13,846.75 245533 05/24/2024 West Coast Arborists, Inc. Accounts Payable Check 54,694.00 245534 05/24/2024 Anthony Gomes Accounts Payable Check 2,829.31 245535 05/24/2024 AT&T Accounts Payable Check 392.30
245536 05/24/2024 Barton Overhead Door Inc Accounts Payable Check 1,450.00 245537 05/24/2024 Bestco Electric Inc. Accounts Payable Check 3,020.00 245538 05/24/2024 Boot Barn Accounts Payable Check 272.33 245539 05/24/2024 Bound Tree medical LLC Accounts Payable Check 3,642.32 245540 05/24/2024 BSK Associates Accounts Payable Check 2,586.50 245541 05/24/2024 Buy N Save Market Accounts Payable Check 69.51 245542 05/24/2024 Ca Dept of Justice Cashiering Unit Accounts Payable Check 676.50 245543 05/24/2024 Cascade Fire Equipment Company Accounts Payable Check 369.48 245544 05/24/2024 Cintas Corporation No.2 Accounts Payable Check 351.80 245545 05/24/2024 Central Sanitary Supply, LLC Accounts Payable Check 105.90 245546 05/24/2024 Central Valley Concrete Inc. Accounts Payable Check 1,195.16 245547 05/24/2024 Clark Pest Control Inc Accounts Payable Check 193.00 12 245548 05/24/2024 Comcast Accounts Payable Check 473.73 245549 05/24/2024 CSG Consultants Inc. Accounts Payable Check 4,002.50 245550 05/24/2024 Electric Drives Inc Accounts Payable Check 768.80 245551 05/24/2024 Fastenal Company Accounts Payable Check 244.18 245552 05/24/2024 Fonronche Lighting America Inc. Accounts Payable Check 4,966.00 245553 05/24/2024 Food 4 Less Accounts Payable Check 227.40 245554 05/24/2024 Fun Express LLC Accounts Payable Check 6,279.33 245555 05/24/2024 Ivan Avila Garcia Accounts Payable Check 222.06 245556 05/24/2024 Gouveia Engineering Inc. Accounts Payable Check 5,136.67 245557 05/24/2024 Allen C Holder Accounts Payable Check 4,530.25 245558 05/24/2024 Jerry Witt Accounts Payable Check 2,389.00 245559 05/24/2024 JG Nurseries, LLC Accounts Payable Check 1,170.16 245560 05/24/2024 J.J.R. Enterprises Inc. Accounts Payable Check 121.10 245561 05/24/2024 Los Banos Rental Yard Inc Accounts Payable Check 224.13 245562 05/24/2024 Marfab Inc Accounts Payable Check 79.98 245563 05/24/2024 Matson Alarm Co Inc Accounts Payable Check 215.00 245564 05/24/2024 Modesto Janitorial Supply Center, Inc. Accounts Payable Check 117.58 245565 05/24/2024 OSE Accounts Payable Check 50.78
245566 05/24/2024 Pace Supply Corp. Accounts Payable Check 1,075.96 245567 05/24/2024 Pacific Landscape Supply, Inc. Accounts Payable Check 5,934.00 245568 05/24/2024 Pitney Bowes Inc Accounts Payable Check 199.35 245569 05/24/2024 Provost and Pritchard Engineering, Inc. Accounts Payable Check 20,171.96 245570 05/24/2024 Purchase Power Inc Accounts Payable Check 99.46 245571 05/24/2024 Safety-Kleen Systems, Inc. Accounts Payable Check 1,014.67 245572 05/24/2024 Save Mart Supermarkets Accounts Payable Check 189.46 245573 05/24/2024 Sherwin Williams Co Accounts Payable Check 447.25 245574 05/2.4/2024 Sorensens True Value Accounts Payable Check 903.46 245575 05/24/2024 Stantec Consulting Services, Inc. Accounts Payable Check 1,852.50 245576 05/24/2024 Technicon Engineering Services, Inc. Accounts Payable Check 3,539.50 245577 05/24/2024 Triangle Rock Products Accounts Payable Check 256.51 245578 05/24/2024 Unique Glass Accounts Payable Check 164.76 245579 05/24/2024 USA Blue Book Accounts Payable Check 7.56 245580 05/24/2024 Vestis Group, Inc. Accounts Payable Check 1,123.58 245581 05/24/2024 Vestis Accounts Payable Check 193.81
245582 05/24/2024 Verizon Wireless Accounts Payable Check 79.42 245583 05/24/2024 West Publishing Corporation Accounts Payable Check 466.85 245584 05/24/2024 Windecker Inc Accounts Payable Check 4,761.43 245585 05/24/2024 Brenda Vargas Utility Billing Check 62.40 245586 05/24/2024 Breckenridge Property Fund 2016 LLC Utility Billing Check 68.95 245587 05/24/2024 Exit Realty Consultants Utility Billing Check 39.60 245588 05/24/2024 Ana Castillo Utility Billing Check 68.95 245589 05/24/2024 Jose Antonio Fernandez Utility Billing Check 49.29 245590 05/24/2024 Rosario Hernandez Utility Billing Check 65.68 245591 05/24/2024 Todd Allen Michael Utility Billing Check 163.96 245592 05/24/2024 Christina Terese LaSalvia Utility Billing Check 167.24 245593 05/24/2024 Cathy Bernal Utility Billing Check 94.12 245594 05/24/2024 Manny Gomes Utility Billing Check 101.72 245595 05/24/2024 Alta Real Estate Services, Inc. Utility Billing Check 57.79 245596 05/24/2024 Century Communities Utility Billing Check 176.24 Break in check sequence due to the following: Payment Type Payment Check #245305 (Payroll) Regular Checks 286 2,861,565.33 Check #245356 (Manual Void) Manual Checks 0 0.00
Check #245394 (Manual Void) Voided Checks 0 0.00
Check #245496 - #245497 (Payroll) 286 2,861,565.33
Check #245532 (Manual Void)
Check #245597 (Payroll)
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14 LOsBanos
t '"
1li 01 nia
TO: Mayor Llanez and Members of the City Council
FROM: Vanessa Portillo, Finance Director v-lf' •
DATE: June 5, 2024
SUBJECT: Measure H Committee Financial Update
TYPE OF REPORT: Consent Agenda Item
RECOMMENDATION:
Informational only, for Council's review.
BACKGROUND:
On May 15, 2024, the Measure H Oversight Committee met to discuss and review the quarterly reports for the Fiscal Year 2022/23 Fourth Quarter, Estimates for Fiscal Year 2023/24, and Proposed Budget for Fiscal Year 2024/25.
DISCUSSION:
The attached Measure H Financial Report was presented to the Measure H Committee on May 15, 2024. The Measure H Committee received the information presented in the quarterly reports and acknowledged that the proposed budget for FY24/25 presented to the committee are in accordance with the Measure H guidelines. A recommendation by the committee was approved according to the guidelines.
FISCAL IMPACT:
None
ATTACHMENTS:
A. Measure H Financial Update (Draft)
15 THIS PAGE IS INTENTIONALLY LEFT BLANK
16 I ATTACHMENT 1
LOsBanos
At thc.· rossroads oj Calif01 nill
Measure H
Financial Report
For FYs 2022, 2023, 2024 (estimated), and 2025 (budgetary)
OVERVIEW
This overview covers the fiscal years 2022-23 and 2023-24 for the City of Los Banos Measure H General Sales Tax. The estimated amounts for fiscal year 2023-24 are included in the 2024-25 budgetary schedules.
Measure H - Spending Priority Balances From Inception thru FY 2023 23-24
18-19 19-20 20-21 21-22 22-23 (Budgeted) Totals
Police Patrols & Prevent Crimes 279,062.66 724,941.05 721,460.18 750,828.68 772,272.93 344,037.50 3,592,603.01 Code Enforcement & Blight Reduction 31,006.96 90,968.09 19,880.76 38,602.19 76,581.05 26,295.50 283,334.55 911 Dispatch Services 62,013.93 200,779.88 266,608.43 258,918.74 225,056.23 93,699.00 1,107,076.20 Youth Programs 31,006.96 144,183.03 173,971.41 197,603.08 161 ,756.64 200,474.50 908,995.62 Fire and Emergency Medical 93,020.89 148,597.80 190,118.44 201,666.50 288,984.94 33,473.50 955,862.06 Parks & Recreation 93,020.89 221,483.83 274,431.41 147,363.37 170,047.38 '(866, 969.50) 39,377.37 Fiscal Stability 31,006.96 140 079.06 173,971.41 197 603.08 161 756.64 200 474.50 904 891 .65 620,139.25 1,671,032.73 1,820,442.04 1,792,585.61 1,856,455.82 31,485.00 7,792,140.45
MEASURE H FUND REVENUE
Revenues. Total fund revenues come from three sources: Measure H sales tax, interest earnings, and miscellaneous revenues Measure His divided equally between the above Spending Priorities.
Measure H Sales Tax. The State of California allocates sales tax revenue on a quarterly basis in arrears. The City receives estimated monthly payments from the State and at the end of the quarter reconciles to actual revenues. July and August revenues are accrued to June.
Interest Earnings are received on a quarterly basis.
Misc. Revenues are from revenue not identified as either Interest or Sale Tax . 2021-2022 2022-2023 2023-2024 2024-2025
Account Number Account Name Actual Actual Estimated Requested
REVENUE
101-000-313-011 Sales Tax-Measure H 3,952,061 .50 3,235,132.81 4,009,490.00 4,069,000.00 101-000-361-010 Interest Earnings 3,680.64
101-000-390-010 Misc Revenue 21,116.64
TOTAL MEASURE H FUND 3,952,061.50 3,235,132.81 4,034,287.28 4,069,000.00 17 Measure H Report
MEASURE H FUND EXPENDITURES
2021-2022 2022-2023 2023-2024 2024-2025
Account Number Account Name Actual Actual Estimated Requested POLICE
101-421-290-101 Salaries 553,074.78 611,120.50 615,689.53 615,689.53 101-421-290-103 Overtime 92,194.94 123,394.62 106,773.49 106,773.49 101-421-290-120 Benefits 209,896.34 229,809.53 246,136.66 246,136.66 101-421-290-121 Benefits-PERS 61,665.12 130,566.47 103,575.02 103,575.02 101-421-290-203 Equipment Repair & Maintenance 6,960.18 7,987.77 11,775.05 9,000.00 101-421-290-231 Professiona I Services
101-421-290-236 Medical Services 165.00 773.64 1,200.00 101-421-290-237 Recruitment 1,908.48 8,214.78 4,226.14 10,000.00 101-421-290-250 Insurance 35,688.66 33,885.60
101-421-290-252 Communications 17,597.96 24,452.90 4,149.67 5,500.00 101-421-290-257 Travel & Training 3,165.24 3,964.42 4,447.68 20,000.00 101-421-290-260 Office Supplies 5,659.39 10,609.13 1,323.61 2,000.00 101-421-290-262 Uniform Expenses 1,999.96 1,628.26 7,660.67 15,000.00 101-421-290-267 General Material & Supplies 5,732.88 9,430.05 53,880.76 60,000.00 101-421-290-270 Special Programs 37,643.42 63,495.36
101-421-290-273 Special Dept Expenses
101-421-290-740 Miscellaneous Equipment 45,000.00
101-421-290-750 Vehicles
101-421-290-753 Specia Ii zed Equipment 64,232.40
Police 997,663.69 1,224,673.79 1,260,332.98 1,273,760.30 2021-2022 2022-2023 2023-2024 2024-2025
Account Number Account Name Actual Actual Estimated Requested
DISPATCH
101-421-291-101 Salaries 34,999.21 87,775.93 87,775.93
101-421-291-103 Overtime 10,393.40 10,393.40
101-421-29hl20 Benefits 818.11 57,593.56 35,820.71 35,820.71 101-421-291-121 Benefits-PERS 6,588.91 6,588.91
101-421-291-231 Professional Services
101-421-291-236 Medical Services 75,267.49 91,405.23 300.00 101-421-291-237 Recruitment 14,109.01 12,482.64 5,000.00 101-421-291-250 Insurance 40,856.39 68,367.90 13,370.92 9,151.80 101-421-291-257 Travel & Training 4,149.52 7,433.63 825.60 10,000.00 101-421-291-260 Office Supplies 500.00
101-421-291-262 Uniform Expenses 2,100.00
101-421-291-267 General Material & Supplies 3,203.23 4,618.00 739.16 1,500.00 101-421-291-753 Specialized Equipment 5,383.13 7,619.71 Dispatch 143,786.88 284,519.88 155,514.63 169,130.75
2 18
Measure H Report
MEASURE H FUND EXPENDITURES CONTINUED
2021-2022 2022-2023 2023-2024 2024-2025
Account Number Account Name Actual Actual Estimated Requested FIRE
101-422-290-101 Salaries 118,591.27 157,634.23 220,286.42 220,286.42 101-422-290-103 Overtime 31,950.58 47,082 .09 31,072.01 31,072.01 101-422-290-120 Benefits 69,132.43 76,140.66 112,133.82 112,133.82 101-422-290-121 Benefits-PERS 17,054.22 24,380.87 32,504.74 32,504.74 101-422-290-203 Equipment Repair & Ma int 14,000.00
101-422-290-231 Professiona I Services 1,391.71 2,500.00 101-422-290-236 Medical Services 740.13 787.49 2,390.04 4,500.00 101-422-290-237 Recruitment 1,030.00 535.00 162.00 5,000.00 101-422-290-238 Technical Services 15.00 23,400.00 24,500.00 101-422-290-250 Insurance 5,579.39 7,851.25 14,289.53 9,500.00 101-422-290-252 Communications 154.80 156.00 2,461.15 7,500.00 101-422-290-257 Travel & Training 1,715.09 2,947.61 749.29 10,000.00 101-422-290-258 Tuition Reimbursement 9,000.00
101-422-290-260 Office Supplies 1,154.14 105.23
101-422-290-262 Uniform Expenses 969.46 972.98 1,635.62 2,000.00 101-422-290-267 General Materials & Supplies 86.08 4,342.50 8,000.00 101-422-290-273 Special Dept Expense 168.50 4,000.00
101-422-290-752 Communication Equipment 43,362.00 24,500.00 101-422-290-753 Specialized Equipment 142,985.14 57,000.00 9,069.19 35,000.00 Fire 391;142.73 423,312 .91 451,714.02 555,996.99
2021-2022 2022-2023 2023-2024 2024-2025
Account Number Account Name Actual Actual Estimated Requested
CODE ENFORCEMENT
101-429-290-101 Salaries 56,228.77 64,372.11 13,475.96 13,475.96 101-429-290-103 Overtime 283.01 283.01
101-429-290-120 Benefits 47,435.93 44,961.10 19,634.05 19,634.05 101-429-290-121 Benefits-PE RS 4,499.96 5,291.39 1,078.04 1,078.04 101-429-290-236 Medical Services 1,000.00
101-429-290-237 Recruitment 2,500.00
101-429-290-250 Insurance 2,743.67 3,868.03 7,074.38 4,647.30 101-429-290-252 Communications 395.18 537.37 381.25 700.00 101-429-290-257 Travel & Training 1,195.00 800.00 1,016.88 2,500.00 101-429-290-260 Office Supplies 464.54 60.36 1,000.00
101-429-290-262 Uniform Expense 1,609.15 75.76 1,376.06 2,600.00 101-429-290-267 General Materials & Supplies 1,552.42 827.57 1,000.00 101-429-290-750 Vehicles 42,876.27 24,529.07 100,000.00 Code Enforcement 159,000.89 144,495.19 45,147.20 150,418.36 3 19
Measure H Ree.ort
MEASURE H FUND EXPENDITURES CONTINUED
2021-2022 2022-2023 2023-2024 2024-2025
Account Number Account Name Actual Actual Estimated Requested
PARKS & RECREATION
101-451-290-101 Salaries 34,512.81 37,067.01 28,066.94 28,066.94 101-451-290-103 Overtime 3,244.71 3,048.54 18,315.74 18,315.74 101-451-290-120 Benefits 18,484.04 34,363.52 42,571.81 42,571.81 101-451-290-121 Benefits-PERS 2,762.61 2,918.06 4,511.16 4,511.16 101-451-290-205 Facility Maintenance 42,080.82 69,702.86 164,638.15 204,806.36 101-451-290-231 Professional Services 21,341.00 8,000.00 101-451-290-236 Medical Services 276.00 300.00
101-451-290-237 Recruitment 694.75 58.80 700.00
101-451-290-238 Technical Services 2,635.39 3,739.22
101-451-290-250 Insurance 7,125.35 7,298.06 9,145.56 8,385.00 101-451-290-252 Communications 973.34 2,537.62 9,788.41 10,000.00 101-451-290-257 Travel & Training 4,933.23 3,114.93 1,394.40 5,000.00 101-451-290-260 Office Supplies 3,947.58 5,792.01 1,882.45 3,000.00 101-451-290-267 General Materials & Supplies 98,347.37 83,707.06 24,571.46 20,000.00 101-451-290-270 Special Programs u,3&&.4o 23,936.94 153,586.79 105,000.00 101-451-290-273 Special Dept Expense 36,743.65 25,000.00 51,061.56 50,000.00 101-451-290-717 Landscape & Irrigation 376,664.54 35,000.00 101-451-290-718 Sidewalk Improvements 32,609.65
101-451-290-720 Building & Structures 57,207.46 40,000.00 101-451-290-740 Miscellaneous Equipment 30,000.00
101-451-290-747 Park & Playground Equipment 120,605.91 127,381.67 467,587.79 240,000.00 101-451-290-753 Specialized Equipment 36,319.65 20,947.19 60,000.00 Parks & Recreation 445,445.86 451,249.44 1,443,938.67 913,657.01 TOTAL MEASURE H FUND 2,137,040.05 2,528,251.21 3,356,647.50 3,063,963.41 SURPLUS/(DEFICIT} 1,815,021.45 706,881.60 677,639.78 1,005,036.59 Personell Numbers Subject to Change due to On-Going Labor Negotiations Personnel. These charges reflect salaries and benefits for the police department, Dispatch, Code Enforcement, Fire Department and the Parks & Recreation Department.
Police, Dispatch and Code enforcement Measure H
SERVICES & SUPPLIES
203-EQUIPMENT REPAIR & MAINTENANCE: Funding in this category is used for maintenance and/or repair of equipment. Funding is also used for software and equipment including Tasers, Cellhawk, and Tracker software system. 267-GENERAL MATERIALS & SUPPLIES: Funds will be used to purchase Measure H supported personnel equipment including; firearms, rifles, uniform equipment and accessories and other associated material and supplies.
CAPITAL OUTLAY
740-MISCELLANEOUS EQUIPMENT: Costs associated with the Camera Intersection project. 753-SPECIALIZED EQUIPMENT: Purchase of mobile License Plate Reader (LPR) for Police vehicles to help identify stolen and/or other wanted vehicles ($65,000) and a Drone ($18,000) 750-VEHICLES: Expenses related to the purchase of an animal control truck. 4 20
Measure H Report
Fire Measure H
231-PROFESSIONAL SERVICES: Expenses relating to legal services and general labor negotiations. 237-RECRUITMENT: Funding is used for employment advertising and testing. Part of the testing includes physical examinations, Live Scan and credit checks.
252-COMMUNICA TION: Funding is used to for Communication services for E-Dispatch and Active 911. 262-UNIFORM EXPENSES: Funding is used for the purchase of Landry Detergent/spray, safety boots for Measure H employees.
267-GENERAL MATERIAL & SUPPLIES: Expenditures for miscellaneous supplies and materials needed to support operations.
273-SPECIAL DEPARTMENTAL EXPENSE: Funding is used for the purchase of protective clothing, helmets, gloves, boots, hand lights, hand equipment, radios, chemicals, paper products, and employee longevity recognition awards.
Parks Measure H
205-FACILITY MAINTENANCE: Expenses related to the HV AC services for the Ranchwood building, College Greens building, Miller and Lux building and Scout Hut building. Expenses associated with fertilizer and turf improvements at the Oliveira Park soccer fields. Special projects such as the installation of a solar lighting at park locations including Citrus 1 Park, Meadowlands I Park, Canal Trail by the bridge and Gardens 1 Park. Expenses related to the replacement bark at the Dog Park, gutter cleaning at the Community Center, landscape improvements along Highway 152 and San Luis St and lighting improvements at the Veterans Park flagpole area.
231-PROFESSIONAL SERVICES: Expenses related to officiating for programs such as youth flag football, adult basketball, youth volleyball. Legal costs associated to programs for contract creation and renewal. 252-COMMUNICATIONS EQUIPMENT: Expenses related to service for tablets for the use of the Cartegraph asset management system and costs associated with the renewal of the Cartegraph system. 257-TRA VEL & TRAINING: Expenses related to the attendance of the CPRS conference and mini-conference. Costs associated with the Maintenance Management School. Costs associated with tree trimming training. 267-GENERAL MATERIALS AND SUPPLIES: Expenses related to the purchase of protective scoreboard cages at Colorado Ballpark, installation of decomposed granite surfacing to the volleyball court at City Park and the replacement of the griddle for community events.
270-SPECIAL PROGRAMS/ ACTIVITIES: Expenses related to the purchase of youth sports equipment, uniforms and field paint. Expenses related to community events including the Halloween Fest, Egg Hunt, Movie Night in the Park, Volunteer Days, and Shaunessy Park Grand Opening. Costs associated with miscellaneous community programs such as 4H programming, Pulse Teen Group and Christmas decorations.
273-SPECIAL DEPARTMENTAL EXPENSE: Expenses related to the submission of grants, including the Clean California grant, estimated at $5,000. Expenses related to the design and installation of park signage, estimated at $18,500. Expenses related to the renewal of the Tree Plotter tree inventory software, estimated at $5,000.
CAPITAL OUTLAY
717-LANDSCAPE & IRRIGATION: Expenses related to landscape improvements at 7th St. Ballpark, estimated at $150,000.
Expenses related to landscape improvements to the Ward Rd. medians, estimated at $75,000. 718-SIDEW ALK IMPROVEMENTS: Expenses related to the addition of ADA pathways along the perimeter of the ballfields at 7th St. Ballpark, estimated at $150,000.
5 21
Measure H Report
747-PARK AND PLAYGROUND EQUIPMENT: Expenses related to the installation of the Gardens 1 playground, estimated at $22,000. Expenses related to the purchase and installation of a playground at Gardens 3 Park, estimated at $150,000. Expenses related to the purchase and installation of a playground at College Greens Park, estimated at $150,000. 753-SPECIALZIED EQUIPMENT: Expenses related to the purchase of a large projector screen for the stage area in the Grand Room of the Community Center. Estimated at $12,000.
This summary is based on detailed information produced by the City's financial management system. If you would like additional information, or have any questions about the report, please call the Finance Department at (209) 827-7000. 6 22
LOsBanos
ro n a,l of alifon1ia
TO: Mayor Llanez and Members of City Council
FROM: Paul Tualla, Fire Chief
DATE: June 5, 2024
SUBJECT: Measure P Oversight Committee
TYPE OF REPORT: Consent Agenda Item
RECOMMENDATION:
It is recommended that Council accept the findings of the Measure P Oversight Committee members.
BACKGROUND:
On May 22, 2024, the Measure P Oversight Committee met to discuss and review the quarterly reports for the Fiscal Year 2022/23 Fourth Quarter, Estimates for Fiscal Year 2023/24, and Proposed Budget for Fiscal Year 2024/25.
SUMMARY
Attached is a letter from the Committee Members agreeing that the quarterly expenditures are in accordance with the Measure P guidelines.
The Measure P Committee Members continue to be very vigilant and responsible in ensuring funds are spent as required by the Measure's Expenditure Plan.
REVIEWED BY:
Vanessa L. Portillo, Finance Director
ATTACHMENTS:
Letter from Measure P Oversight Committee
Pinheiro, City Manager
23 THIS PAGE IS INTENTIONALLY LEFT BLANK
24 Measure P Oversight Committee
May 28,2024
City of Los Banos City Council
Citizens of the City of Los Banos
520] Street
Los Banos, CA 93635
Dear Council Members and Citizens of Los Banos,
The Measure P Oversight Committee met on May 22, 2024 to discuss and review the 2022-23 Fiscal Activity Report, the estimated amounts for fiscal year 2023-24 and the 2024-25 budgetary schedules.
The Measure P Budget Reports were approved as submitted by all members present.
We as a committee are committed to be vigilant to ensure the citizens of Los Banos that Measure P Funds are spent correctly.
Sincerely,
TimMcNally
Steven Soares
:;;tSchott ____,
MeasureF-240522.doc
25 THIS PAGE IS INTENTIONALLY LEFT BLANK
26 LOsBanos
d f lifon 1
Agenda Staff Report
TO: Mayor & City Council Members
FROM: Charles Bergson, P.E., Public Works Director/City En DATE: June 5, 2024
TYPE OF REPORT: Consent Agenda
SUBJECT: Approve an update to resolution 67 41 of the City Council of the City of Los Banos to delegate authority to the City Manager to undertake certain actions to commence and complete the real property transactions for the Ortigalita Road / Pioneer Road Intersection Improvement Project.
Recommendation:
That the City Council amend resolution 6741, as attached, to update the right of way budget from $220,000 to $241,000.
Background:
Construction of the Ortigalita Road / Pioneer Road Intersection Improvement Project requires acquiring a portion of up to five (5) properties. The properties identified will require partial acquisitions, permanent easement and/or temporary easement rights.
Resolution 6741, passed on March 6, 2024, (attached) approved a right of way budget of $220,000 and delegated authority to the City Manager to sign the necessary right of way related documents for the project.
Discussion:
The Purpose of this resolution is to update the budget amount to $241 ,000. The additional funds will allow the City to settle with the property owners and allow the City to keep both the State and Federal funding allocated for the project.
Fiscal Impact:
The additional right of way funding for the project is coming from both federal Congestion Management/ Air Quality (CMAQ) funding and City funds.
Vanessa Portillo, Finance Director
27 Attachments:
Exhibit A: Resolution 6471
Resolution
28 Exhibit A
RESOLUTION NO. 6741
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LOS BANOS TO DELEGATE AUTHORITY TO THE
CITY MANAGER TO UNDERTAKE CERTAIN ACTIONS
TO COMMENCE AND COMPLETE THE REAL
PROPERTY TRANSACTIONS FOR THE ORTIGALITA
ROAD / PIONEER ROAD INTERSECTION
IMPROVEMENT PROJECT
WHEREAS, construction of the Ortigalita Road/ Pioneer Road Intersection Improvement Project requires the acquisition of a portion of five parcels for permanent roadway easements, slope easements, utility easements and/or temporary easement rights; and WHEREAS the total capital budget for the Right of Way Acquisition phase is $220,000; and
WHERAS the ROW Budget is federally authorized; and
WHEREAS the acquisition of property is on a critical path to meet state and federal grant funding deadlines; and
WHEREAS, as a recipient of federal funds, the City is required to conduct real estate acquisition and relocation activities in adherence to the following applicable federal, state and local regulations:
• 49 CFR Part 24, Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs, and the Uniform Act, P L 91-646, as amended
• California Code of Civil Procedure sections 1230.010-1273.050 (Eminent Domain law)
• Government Code 7267 (Relocation Assistance); and
WHEREAS, delegating the real estate approval process through the City Manager in consultation with the Legal Counsel will ensure timely response to the property owner, preserve the project right of way schedule.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos hereby delegates Authority to the City Manager, after consultation with Legal Counsel, to Negotiate and Purchase All Right of Way Real Property Interests, including Fee Title, Easements and Leases, Necessary for the Ortigalita Road/ Pioneer Road Intersection Improvement Project, including Executing Certificates of Acceptance and Complying with all Legal Obligations Associated with the Purchases, within the Authority Provided by the Board up to $220,000.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 6th day of March 2024, by City Council Member Lambert, who moved its adoption, which motion was duly seconded by City Council Member Jones, and the Resolution was adopted by the following vote:
AYES:
NOES:
ABSENT:
ATTEST:
Council Members Begonia, Jones, Lambert, Lewis, Mayor Llanez None
None
APPROVED:
p
~--t.~
Lucille L. Mallonee, City Clerk
29 THIS PAGE IS INTENTIONALLY LEFT BLANK
30 RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS DELEGATING AUTHORITY
TO THE CITY MANAGER, AFTER
CONSULTATION LEGAL COUNSEL, TO
NEGOTIATE AND PURCHASE ALL RIGHT OF
WAY REAL PROPERTY INTERESTS, INCLUDING
FEE TITLE, EASEMENTS AND LEASES,
NECESSARY FOR THE ORTIGALITA ROAD /
PIONEER ROAD INTERSECTION
IMPROVEMENT PROJECT INCLUDING
EXECUTING CERTIFICATES OF ACCEPTANCE
AND COMPLYING WITH ALL LEGAL
OBLIGATIONS ASSOCIATED WITH THE
PURCHASES, WITHIN THE AUTHORITY
PROVIDED BY THE CITY COUNCIL
WHEREAS, construction of the Ortigalita Road / Pioneer Road Intersection Improvement Project requires the acquisition of a portion of five parcels for permanent roadway easements, slope easements, utility easements and/or temporary easement rights; and
WHEREAS, the total capital budget for the Right of Way Acquisition phase is $241,000; and
WHEREAS, the ROW Budget is federally authorized; an~d
WHEREAS, the acquisition of property is on a critical path to meet state and federal grant funding deadlines; and
WHEREAS, as a recipient of federal funds, the City is required to conduct real estate acquisition and relocation activities in adherence to the following applicable federal, state and local regulations:
• 49 CFR Part 24, Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs, and the Uniform Act, P L 91-646, as amended
• California Code of Civil Procedure sections 1230.010-1273.050 (Eminent Domain law)
• Government Code 7267 (Relocation Assistance); and
31 WHEREAS, delegating the real estate approval process through the City Manager in consultation with the Legal Counsel will ensure timely response to the property owner, preserve the project right of way schedule.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos hereby delegates Authority to the City Manager, after consultation with Legal Counsel, to Negotiate and Purchase All Right of Way Real Property Interests, including Fee Title, Easements and Leases, Necessary for the Ortigalita Road I Pioneer Road Intersection Improvement Project, including Executing Certificates of Acceptance and Complying with all Legal Obligations Associated with the Purchases, within the Authority Provided by the Board up to $241,000.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 5th day of June 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
32 LOsBanos
I tl1c c,o~SfO(llh of Cc1lifc,rui<1
Agenda Staff Report
TO: Mayor and Council Members
FROM: Paul Tualla, Fire Chief
Ray Reyna, Police Chief
DATE: June 5, 2024
SUBJECT: Authorize the City's Participation in the Homeland Security Grant Program and Authorize the City Manager on behalf of the City of Los Banos to enter into the Standard Grant Assurance Agreement with CAL-OES and a Sub-Recipient Agreement with the County of Merced
TYPE OF REPORT: Consent Agenda
Recommendation:
Authorize the City Manager to enter into an agreement with Cal-OES pertaining to the Department of Homeland Security "Standard Assurances for All Cal OES Federal Grant Programs", and; enter into an agreement between the County of Merced (COUNTY) and the City of Los Banos (SUB-RECIPIENT) pertaining to same assurances. This authorizes current and future benefits under the program.
Background:
The City of Los Banos has received annual Federal Grant funding through the Department of Homeland Security since 2003. These grant funds are distributed through the California State Homeland Security Grant Program (SHSGP) which is administered by the Governor's Office of Emergency Services (Cal-OES). Cal-OES distributes the Federal Grant funding throughout the 58 Counties within California.
Merced County OES is the Implementing Agency of SHSGP grant funding within Merced County. Each of the Municipalities within Merced County are considered SubRecipients. 33 The California State Homeland Security Grant Program (SHSGP) provides funding through federal grants from the Department of Homeland Security to enhance the capabilities of state and local first responders by allowing the purchase of advanced types of equipment, as well as addressing other critical homeland security needs, including administration, planning, training and exercise related costs. This grant funding is then distributed by the Merced County Authorized Body of 5, which consists of (1) County Public Health Officer, (1) County Fire Chief, (1) Municipal Fire Chief, (1) County Sheriff and (1) Chief of Police. The allocations are based on Operational Area needs to prepare for and respond to disasters and/or large scale emergencies.
Discussion:
The City of Los Banos has willingly entered into Assurance Agreements with Cal-OES for a number of years. Previous agreements were authorized by the City Manager without action by City Council.
At the end of the 2014 grant cycle, Cal-OES conducted an audit of Merced County OES SHSGP program and recommended that Merced County (COUNTY) enter into annual assurance agreements with each of the municipalities participating in the SHSGP program. The creation of the separate assurance agreement with Merced County is the result of that recommendation.
This staff report includes resolutions for prior Fiscal Years (FY) 2021, 2022 and the Current funding cycle FY 2023.
It is recommended that the Los Banos City Council take action to authorize the City Manager to enter into assurance agreements with Cal-OES and Merced County OES annually, without further action by City Council, unless substantial changes are made to the annual agreements.
Fiscal Impact:
No Fiscal Impact at this time.
Reviewed by:
Vanessa Portillo, Finance Director
Attachments:
Resolutions
Merced County OES Grant Assurance Agreement
Cal-OES Grant Assurance Agreement
34 RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS BANOS, APPROVING,
AUTHORIZING AND RATIFYING THE CITY'S PARTICIPATION IN THE HOMELAND
SECURITY GRANT PROGRAM AND AUTHORIZING THE CITY MANAGER ON BEHALF OF
THE CITY OF LOS BANOS TO ENTER INTO THE STANDARD GRANT ASSURANCE
AGREEMENT WITH CAL-OES AND A SUBRECIPIENT AGREEMENT WITH THE COUNTY
OF MERCED
WHEREAS, the State Homeland Security and Security Grant Program (SHSGP) supports the implementation of State Homeland Security Strategies to address the identified planning, organization, equipment, training, and exercise needs to prevent, protect against, mitigate, respond to, and recover from acts of terrorism and other catastrophic events; and WHEREAS, the California Governor's Office of Emergency Services requires FY 2021 Grant Assurances be executed by an authorized representative of the applicant (the City) to receive an award; and
WHEREAS, beginning 2016, the Merced County Office of Emergency Services also requires Grant Assurances Sub Recipient Agreement be executed between Merced County ("County") and the City of Los Banos ("Sub-Recipient").
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Los Banos as follows:
SECTION 1. The City Manager of the City of Los Banos is authorized, on its behalf, to execute Exhibit "A" (the Sub-Recipient Agreement with the County of Merced), including any annual extension thereof;
SECTION 2. The City Manager of the City of Los Banos is authorized, on its behalf, to execute Exhibit "B" (the SHSGP Grant Assurance Agreements with Cal-OES) including any annual extension thereof.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 5th day of June 2024, by City Council Member ____ , who moved its adoption, which motion was duly seconded by City Council Member ___ _, and the Resolution was adopted by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
Paul Llanez, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
35 THIS PAGE IS INTENTIONALLY LEFT BLANK
36 EXHIBIT A
OFFICE OF EMERGENCY SERVICES
State Homeland Security Grant Programs
Funding for Equipment, Planning, Administration, Training and Exercises THIS AGREEMENT is entered into by and between County of Merced ("County") and the City of Los Banos ("Sub-Recipient").
County and Sub-Recipient have entered into this AGREEMENT with reference to the following circumstances:
A. The California State Homeland Security Grant Program (SHSGP) is providing funding through federal grants from the Department of Homeland Security to enhance the capabilities of state and local first responders by allowing the purchase of advanced types of equipment, as well as addressing other critical homeland security needs, including administration, planning, training and exercise related costs.
NOW, THEREFORE, based on the foregoing recitals, which the parties agree to be true and correct, it is mutually agreed between both parties:
I. This AGREEMENT applies to the State Homeland Security Grant Program, funded through the County to the Sub-Recipient.
II. Amendments or modifications to the terms of this AGREEMENT must be made in writing, and approved by all parties hereto, in order to maintain compliance with changes pursuant to federal or state laws, regulations, or policies affecting pertinent regulations or funding.
Ill. The FY 2021 GRANT ASSURANCES for the SHSGP, promulgated by the California Office of Emergency Services, is made part of this AGREEMENT and included as ATTACHMENT A.
Sub-Recipient certifies that:
1) Sub-Recipient will comply with the FY 2021 GRANT ASSURANCES; 2) Sub-Recipient's signatory to this agreement will separately sign the FY 2021 GRANT ASSURANCES included as ATTACHMENT A;
3) Sub-Recipient's signatory has obtained the required written authorization from signatory's applicable governing body, as set forth in the attached FY 2021 GRANT ASSURANCES, that signatory is authorized to sign this AGREEMENT.
IV. TERMINATION:
A. Without Cause: County will have the right to terminate this AGREEMENT without cause by giving thirty (30) days prior written notice of intention to terminate pursuant to this provision, specifying the date of termination. County will pay to the Sub-Recipient the compensation earned for pre-approved work performed and not previously paid for during the period of this AGREEMENT to the date of termination. County will not pay lost anticipated profits or other economic loss. 1 37
The payment of such compensation is subject to the restrictions on payment of compensation otherwise provided in this AGREEMENT, and is conditioned upon receipt from Sub-Recipient of any and all plans, specifications and estimates, and other documents prepared by Sub-Recipient in accordance with this AGREEMENT. No sanctions will be imposed.
B. With Cause: This AGREEMENT may be terminated by either party should the other party:
1. be adjudged as bankrupt, or
2. become insolvent or have a receiver appointed, or
3. make a general assignment for the benefit of creditors, or
4. suffer any judgment which remains unsatisfied for 30 days, and which would substantively impair the ability of the judgment debtor to perform under this AGREEMENT, or
5. materially breach this AGREEMENT.
For any of the occurrences except item (5), termination may be effected upon written notice by the terminating party specifying the date of the termination. Upon a material breach, the AGREEMENT may be terminated following the failure of the defaulting party to remedy the breach to the satisfaction of the non-defaulting party within five (5) days of written notice specifying the breach. If the breach is not remedied within that five (5) day period, the non-defaulting party may terminate the AGREEMENT on further written notice specifying the date of termination. If the nature of the breach is such that it cannot be cured within a five (5) day period, the defaulting party may, submit a written proposal within that period which sets forth a specific means to resolve the default. If the non-defaulting party consents to that proposal in writing, which consent shall not be unreasonably withheld, the defaulting party shall immediately embark on its plan to cure. If the default is not cured within the time agreed, the non-defaulting party may terminate upon written notice specifying the date of termination. County will pay to the Sub-Recipient the compensation earned for work performed and not previously paid for to the date of termination. County will not pay lost anticipated profits or other economic loss, nor will the County pay compensation or make reimbursement to cure a breach arising out of or resulting from such termination. If the expense of finishing the Sub-Recipient scope of work exceeds the unpaid balance of the AGREEMENT, the Sub-Recipient must pay the difference to the County. The payment of such compensation is subject to the restrictions on payment of compensation otherwise provided in this AGREEMENT, and is conditioned upon receipt from Su.b-Recipient of any and all plans, specifications and estimates, and other documents prepared by Sub-Recipient by the date of termination in accordance with this AGREEMENT.
Sanctions taken will be possible rejection of future proposals based on specific causes of non-performance.
C. Effects of Termination: Expiration or termination of this AGREEMENT shall not terminate any obligations to indemnify, to maintain and make available any records pertaining to the AGREEMENT, to cooperate with any audit, to be subject to offset, or to make any reports of pre-termination contract activities. Where SubRecipient's services have been terminated by the County, said termination will not affect any rights of the County to recover damages against the Sub-Recipient or to require the forfeiture of equipment acquired or obtained through grant funds as provided in section Ill, paragraph 44, subparagraph (c). 2 38
D. Suspension of Performance: Independent of any right to terminate this AGREEMENT, the authorized representative of County for which Sub-Recipient's services are to be performed, may immediately suspend performance by SubRecipient, in whole or in part, in response to health, safety or financial emergency, or a failure or refusal by Sub-Recipient to comply with the provisions of this AGREEMENT, until such time as the cause for suspension is resolved, or a notice of termination becomes effective.
V. TERM: This AGREEMENT shall commence on the date of County signature and continue until terminated under the provisions of paragraph IV. The performance period for the FY 2021 SHSGP is 09/01/2021 to 05/31/2024.
VI. INDEMNIFICATION:
A. County shall defend, indemnify and hold Sub-Recipient and its respective officers, board members, employees and agents, harmless from and against any and all liability, loss, expense, reasonable attorneys' fees, or claims for injury or damages arising out of the performance of this AGREEMENT but only in proportion to and to the extent such liability, loss, expense, reasonable attorneys' fees, or claims for injury or damages are caused by or result from the negligent acts or omissions, or willful misconduct of County, its officers, agents, or employees.
B. Sub-Recipient shall defend, indemnify and hold County, its officers, board members, employees and agents, harmless from and against any and all liability, loss, expense, reasonable attorneys' fees, or claims for injury or damage arising out of the performance of this AGREEMENT but only in proportion to and to the extent such liability, loss, expense, attorneys' fees, or claims for injury or damages are caused by or result from the negligent acts or omissions, or willful misconduct of Sub-Recipient and its officers, agents, or employees.
VII. INSURANCE: Sub-Recipient certifies it is insured or self-insured for general liability exposures with limits of no less than $1 million per occurrence. Sub-Recipient certifies it is insured or self-insured for workers' compensation and maintains statutory limits. SubRecipient agrees that coverage limits specified within the agreement will not be used to reduce limits of coverage from Sub-Recipient full policy limits. Insurance Policies will not be used to limit liability or to limit the indemnification provisions and requirements of this agreement or act in any way to reduce available coverage and limits from the insurer.
Failure to maintain or renew coverage may be a material breach of this AGREEMENT.
VIII. ENTIRE AGREEMENT REPRESENTED: This AGREEMENT represents the entire agreement between Sub-Recipient and County as to its subject matter and no prior oral or written understanding shall be of any force or effect. No part of this AGREEMENT may be modified without the written consent of both parties.
Signature page to follow
3 39
Sub-Recipient
The undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the Sub-Recipient.
Name: ------------------------------- Address: _____________________________ _ Title: ______________ _ Date:
Signature: _____________________________ _
Printed Name:
County of Merced
By: ___________ _
Chairman, Board of Supervisors
Date: ___ ___ _
REVIEWED AS TO LEGAL FORM
By: ____________ _
County Counsel
4 40
EXHIBIT B
ATTACHMENT A
CalOES
OO'IIERHOR'S OFFICE
OF EWER8ENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
As the duly authorized representative of the Applicant, I hereby certify that the Applicant has the legal authority to apply for federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay any non-federal share of project cost) to ensure proper planning, management, and completion of the project described in this application, within prescribed timelines.
I further acknowledge that the Applicant is responsible for reviewing and adhering to all requirements within the:
(a) Applicable Federal Regulations (see below);
(b) Federal Program Notice of Funding Opportunity (NOFO); (c) Federal Preparedness Grants Manual;
(d) California Supplement to the NOFO; and
(e) Federal and State Grant Program Guidelines.
Federal Regulations
Government cost principles, uniform administrative requirements, and audit requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations (C.F.R.). Updates are issued by the Office of Management and Budget (0MB) and can be found at http://www.whitehouse.gov/omb/.
State and federal grant award requirements are set forth below. The Applicant hereby agrees to comply with the following:
1. Proof of Authority
The Applicant will obtain proof of authority from the city council, governing board, or authorized body in support of this project. This written authorization must specify that the Applicant and the city council, governing board, or authorized body agree:
(a) To provide all matching funds required for the grant project and that any cash match will be appropriated as required;
(b) Any liability arising out of the performance of this agreement shall be the responsibility of the Applicant and the city council, governing board, or authorized body;
(c) Grant funds shall not be used to supplant expenditures controlled by the city council, governing board, or authorized body;
41 CalOES
OOIIERMOR'$ OFFICE
OF EMl!HENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(d) Applicant is authorized by the city council, governing board, or authorized body to apply for federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-federal share of project cost, if any) to ensure proper planning, management and completion of the project described in this application; and
(e) Official executing this agreement is authorized by the Applicant.
This Proof of Authority must be maintained on file and readily available upon request.
2. Period of Performance
The period of performance is specified in the Award. The Applicant is only authorized to perform allowable activities approved under the award, within the period of performance.
3. Lobbying and Political Activities
As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons entering into a contract, grant, loan, or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the Applicant certifies that:
(a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
(b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions.
(c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and discloseaccordingly.
42 CCalOES
OO'l'll:IIUIIOR'$ OFFICE
OF l!Ml!R8ENCY Sl!RY1Cl!5
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§ 1501- 1508 and§§ 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds.
Finally, the Applicant agrees that federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation or policy without the express written approval from the California Governor's Office of Emergency Services (Cal OES) or the federal awarding agency.
4. Debarment and Suspension
As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.214 and codified in 2 C.F.R. Part 180, Debarment and Suspension, the Applicant will provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government. The Applicant certifies that it and its principals, recipients, or subrecipients:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency;
(b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (2) (bl of this certification; and (d) Have not within a three-year period preceding this application had one or more public transaction (federal, state, or local) terminated for cause or default.
Where the Applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application.
5. Non-Discrimination and Equal Employment Opportunity
The Applicant will comply with all state and federal statutes relating to nondiscrimination, including:
43 CalOES
GO'U.RNOR'$ OFFICE
OF l!WH9ENCY SHYlCES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. § 2000d et. seq.) which prohibits discrimination on the basis of race, color, or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services;
(b) Title IX of the Education Amendments of 1972, (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex in any federally funded educational program or activity;
(c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794), which prohibits discrimination against those with disabilities or access and functional needs; (d) Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. §§ 12101- 12213), which prohibits discriminationon the basis of disability and requires buildings and structures be accessible to those with disabilities and access and functional needs;
(e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age;
(f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd-2), relating to confidentiality of patient records regarding substance abuse treatment; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing as implemented by the Department of Housing and Urban Development at 24 C.F.R. PartlO0. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units-Le., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)- be designed and constructed with certain accessible features (See 24 C.F.R. § 100.201 ); (h) Executive Order 11246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identification or national origin;
(i) Executive Order 11375, which bans discrimination on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of government contractors;
(j) California Public Contract Code§ 10295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages;
44 CalOES
$0111!RHOR'$ OFFICE
OF HU!HENCY SHYICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(k) OHS policy to ensure the equal treatment of faith-based organizations, under which all applicants and recipients must comply with equal treatment policies and requirements contained in 6 C.F.R. Part 19;
(I) The Applicant will comply with California's Fair Employment and Housing Act (FEHA) (California Government Code§§ 12940, 12945, 12945.2), as applicable.
FEHA prohibits harassment and discrimination in employment because of ancestry, familial status, race, color, religious creed (including religious dress and grooming practices), sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, genetic information, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave, military and veteran status, and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions; (m) Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and
(n) The requirements of any other nondiscrimination statute(s) that may apply to this application.
6. Drug-Free Workplace
As required by the Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.), the Applicant certifies that it will maintain a drug-free workplace and a drug-free awareness program as outlined in the Act.
7. Environmental Standards
The Applicant will comply with state and federal environmental standards, including:
(a) California Environmental Quality Act (CEQA) (California Public Resources Code §§ 21000- 21177), to include coordination with the city or county planning agency;
(b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, §§ 15000- 15387);
(c) Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters; (d) Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air emissions from stationary and mobile sources;
45 CalOES
GO'IIHMOR'$ OFFICE
OF EMl!R8ENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(e) Institution of environmental quality control measures under the National Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA; and Executive Order 12898 which focuses on the environmental and human health effects of federal actions on minority and low-income populations with the goal of achieving environmental protection for all communities;
(f) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988;
(g) Executive Order 11514 which sets forth national environmental standards; (h) Executive Order 11 738 instituted to assure that each federal agency empowered to enter into contracts for the procurement of goods, materials, or services and each federal agency empowered to extend federal assistance by way of grant, loan, or contract shall undertake such procurement and assistance activities in a manner that will result in effective enforcement of the Clean Air Act and the Federal Water Pollution Control Act Executive Order 11990 which requires preservation of wetlands;
(i) The Safe Drinking Water Act of 1974, (P.L. 93-523); U) The Endangered Species Act of 1973, (P.L. 93-205);
(k) Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 etseq.);
(I) Conformity of Federal Actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.);
(m) Wild and Scenic Rivers Act of 1968 ( 16 U.S.C. § 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system.
The Applicant shall not be: 1) in violation of any order or resolution promulgated by the State Air Resources Board or an air pollution district; 2) subject to a cease and desist order pursuant to§ 13301 of the California Water Code for violation of waste discharge requirements or discharge prohibitions; or 3) determined to be in violation of federal law relating to air or water pollution.
46 CalOES
GOVERHOR'$ OFFICE
OF EWEHENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
8. Audits
For subrecipients expending $750,000 or more in federal grant funds annually, the Applicant will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and Title 2 of the Code of Federal Regulations, Part 200, Subpart F Audit Requirements.
9. Cooperation and Access to Records
All Applicants must cooperate with any compliance reviews or investigations conducted by DHS. In accordance with 2 C.F.R. § 200.337, the Applicant will give the awarding agency, the Comptroller General of the United States and, if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award. The Applicant will require any subrecipients, contractors, successors, transferees and assignees to acknowledge and agree to comply with this provision.
1 o. Conflict of Interest
The Applicant will establish safeguards to prohibit the Applicant's employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.
11. Financial Management
False Claims for Payment -The Applicant will comply with 31 U.S.C §§ 3729-3733 which sets forth that no subrecipient, recipient, or subrecipient shall submit a false claim for payment, reimbursement or advance.
12. Reporting - Accountability
The Applicant agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282), specifically (a) the reporting of subawards obligating $30,000 or more in federal funds and (b) executive compensation data for first-tier subawards. This includes the provisions of FFATA, which includes requirements for executive compensation, and also requirements implementing the Act for the non-federal entity at 2 C.F.R. Part 25 Financial Assistance Use of Universal Identifier and Central Contractor Registration and 2 C.F.R.
Part 170 Reporting Subaward and Executive Compensation Information.
13. Whistleblower Protections
The Applicant also must comply with statutory requirements for whistleblower protections at 10 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. § 4304 and § 4310.
47 CalOES
GO'IIERHOR'$ OFFICI
OF EMEHfNCY Sl!RVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
14. Human Trafficking
The Applicant will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits grant award recipients or a subrecipient from: ( 1) engaging in trafficking in persons during the period of time that the award is in effect; (2) procuring a commercial sex act during the period of time that the award is in effect; (3) using forced labor in the performance of the award or subawards under the award.
15. Labor Standards
The Applicant will comply with the following federal labor standards:
(a) The Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the_ Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for federally-assisted construction contracts or subcontracts, and (b) The Federal Fair Labor Standards Act (29 U.S.C. § 201 et al.) as they apply to employees of institutes of higher learning (IHE), hospitals and othernon-profit organizations.
16. Worker's Compensation
The Applicant must comply with provisions which require every employer to be insured to protect workers who may be injured on the job at all times during the performance of the work of this Agreement, as per the workers compensation laws set forth in California Labor Code§§ 3700 et seq.
17. Property-Related
If applicable to the type of project funded by this federal award, the Applicant will:
(a) Comply with the requirements of Titles II and Ill of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P .L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchase; (b) Comply with flood insurance purchase requirements of Section 102(a) of the_ Flood Disaster Protection Act of 1973 (P .L. 93-234) which requires subrecipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more;
48 CalOES
OO'IIHNOR'$ OFFICIE
OF l!Ml!HENCY SHYlCIES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(c) Assist the awarding agency in assuring compliance with Section l 06 of the (d) National Historic Preservation Act of 1966, as amended ( 16 U.S.C. § 470), Executive Order 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 197 4 ( 16 U.S.C. §469a-l et seq.); and
(e) Comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4831 and 24 CFR Part 35) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.
18. Certifications Applicable Only to Federally-Funded Construction Projects For all construction projects, the Applicant will:
(a) Not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the project;
{b) Comply with the requirements of the awarding agency with regard to the drafting, review and approval of construction plans and specifications; and (c) Provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State.
19. Use of Cellular Device While Driving is Prohibited
Applicants are required to comply with California Vehicle Code sections 23123 and 23123.5. These laws prohibit driving motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication. Drivers are also prohibited from the use of a wireless telephone without hands-free listening and talking, unless to make an emergency call to 911, law enforcement, or similar services.
49 CalOES
GOIIHHOR'$ OFFICE
OF EWER8ENCY SHYJCES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
20. California Public Records Act and Freedom of Information Act The Applicant acknowledges that all information submitted in the course of applying for funding under this program, or provided in the course of an entity's grant management activities that are under Federal control, is subject to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the California Public Records Act, California Government Code section 6250 et seq. The Applicant should consider these laws and consult its own State and local laws and regulations regarding the release of information when reporting sensitive matters in the grant application, needs assessment, and strategic planning process.
HOMELAND SECURITY GRANT PROGRAM {HSGP) -
PROGRAM SPECIFIC ASSURANCES / CERTIFICATIONS
21. Acknowledgment of Federal Funding from DHS
All recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds.
22. Activities Conducted Abroad
All recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained.
23. Best Practices for Collection and Use of Personally Identifiable Information (PII) OHS defines personally identifiable information (PII) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. All recipients who collect PII are required to have a publicly-available privacy policy that describes standards on the usage and maintenance of PII they collect. Recipients may also find the OHS Privacy Impact Assessments: Privacy Guidance and Privacy template a useful resource respectively.
24. Copyright
All recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards.
50 CalOES
GO'IIERHOR'$ OFFICE
OF ENEH!NCY SH.VlCES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
25. Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies, to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions, or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions.
26. Energy Policy and Conservation Act
All recipients must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act.
27. Federal Debt Status
All recipients are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See 0MB Circular A-129.
28. Fly America Act of 1974
All recipients must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 197 4 ( 49 U .S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B138942.
29. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, all Applicants must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 197 4, as amended, 15 U.S.C. § 2225a.
51 CalOES
GOWHHOR'$ OFFICE
OF l!M!HINCY HIIYJCES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
30. Non-supplanting Requirement
All recipients who receive federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through nonfederal sources.
31. Patents and Intellectual Property Rights
Unless otherwise provided by law, recipients are subject to the Bayh-Dole Act, Pub. L.
No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. All recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14.
32.SAFECOM
All recipients who receive federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications.
33. Terrorist Financing
All recipients must comply with Executive Order 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance with the Order and laws.
34. Reporting of Matters Related to Recipient Integrity and Performance If the total value of the recipient's currently active grants, cooperative agreements, and procurement contracts from all federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this federal financial assistance award, you must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions.
52 CaIOES
OOWE:RHOR'$ OFFICE
OF l!NEHENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
35. USA Patriot Act of 2001
All recipients must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175-175c.
36. Use of OHS Seal, Logo, and Flags
All recipients must obtain permission from their DHS Financial Assistance Office, prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials.
37. Performance Goals
In addition to the Biannual Strategy Implementation Report submission requirements outlined in the Preparedness Grants Manual, subrecipients must demonstrate how the grant-funded project addresses the core capability gap associated with each project and identified in the Threat and Hazard Identification and Risk Analysis or Stakeholder Preparedness Review or sustains existing capabilities, as applicable. The capability gap reduction or capability sustainment must be addressed in the Project Description of the BSIR for each project.
38. Applicability of OHS Standard Terms and Conditions to Tribes The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon recipients and flow down to subrecipients as a matter of law, regulation, or executive order. If the requirement does not apply to Indian tribes or there is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence to, DHS Standard Terms and Conditions does not change or alter its inapplicability to an Indian tribe. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does not already exist.
53 CalOES
OOliEfUfOR'S OFFICE
OF EWEHENCY SH.VICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
IMPORTANT
The purpose of the assurance is to obtain federal and state financial assistance, including any and all federal and state grants, loans, reimbursement, contracts, etc. The Applicant recognizes and agrees that state financial assistance will be extended based on the representations made in this assurance. This assurance is binding on the Applicant, its successors, transferees, assignees, etc. Failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds.
All appropriate documentation, as outlined above, must be maintained on file by the Applicant and available for Cal OES or public scrutiny upon request. Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the subrecipient may be ineligible for award of any future grants if the Cal OES determines that any of the following has occurred: ( 1) the recipient has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.
All of the language contained within this document must be included in the award documents for all subawards at all tiers. All recipients are bound by the Department of Homeland Security Standard Terms and Conditions 2021, Version 11.4, hereby incorporated by reference, which can be found at:
https :/ /www .d hs .gov /publication/fy 15-d hs-standard-terms-and-conditions.
The undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the Applicant.
Subrecipient: ____________________________ _
Signature of Authorized Agent: _____________________ _
Printed Name of Authorized Agent: ___________________ _ Title: ___________________ Date: __________ _
54 RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS BANOS, APPROVING,
AUTHORIZING AND RATIFYING THE CITY'S PARTICIPATION IN THE HOMELAND
SECURITY GRANT PROGRAM AND AUTHORIZING THE CITY MANAGER ON BEHALF OF
THE CITY OF LOS BANOS TO ENTER INTO THE STANDARD GRANT ASSURANCE
AGREEMENT WITH CAL-OES AND A SUBRECIPIENT AGREEMENT WITH THE COUNTY
OF MERCED
WHEREAS, the State Homeland Security and Security Grant Program (SHSGP) supports the implementation of State Homeland Security Strategies to address the identified planning, organization, equipment, training, and exercise needs to prevent, protect against, mitigate, respond to, and recover from acts of terrorism and other catastrophic events; and WHEREAS, the California Governor's Office of Emergency Services requires FY 2022 Grant Assurances be executed by an authorized representative of the applicant (the City) to receive an award; and
WHEREAS, beginning 2016, the Merced County Office of Emergency Services also requires Grant Assurances Sub Recipient Agreement be executed between Merced County ("County") and the City of Los Banos ("Sub-Recipient").
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Los Banos as follows:
SECTION 1. The City Manager of the City of Los Banos is authorized, on its behalf, to execute Exhibit "A" (the Sub-Recipient Agreement with the County of Merced), including any annual extension thereof;
SECTION 2. The City Manager of the City of Los Banos is authorized, on its behalf, to execute Exhibit "B" (the SHSGP Grant Assurance Agreements with Cal-OES) including any annual extension thereof.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 5th day of June 2024, by City Council Member ____ , who moved its adoption, which motion was duly seconded by City Council Member ____ , and the Resolution was adopted by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
Paul Llanez, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
55 THIS PAGE IS INTENTIONALLY LEFT BLANK
56 EXHIBIT A
OFFICE OF EMERGENCY SERVICES
State Homeland Security Grant Programs
Funding for Equipment, Planning, Administration, Training and Exercises THIS AGREEMENT is entered into by and between County of Merced ("County") and the City of Los Banos ("Sub-Recipient").
County and Sub-Recipient have entered into this AGREEMENT with reference to the following circumstances:
A. The California State Homeland Security Grant Program (SHSGP) is providing funding through federal grants from the Department of Homeland Security to enhance the capabilities of state and local first responders by allowing the purchase of advanced types of equipment, as well as addressing other critical homeland security needs, including administration, planning, training and exercise related costs.
NOW, THEREFORE, based on the foregoing recitals, which the parties agree to be true and correct, it is mutually agreed between both parties:
I. This AGREEMENT applies to the State Homeland Security Grant Program, funded through the County to the Sub-Recipient.
II. Amendments or modifications to the terms of this AGREEMENT must be made in writing, and approved by all parties hereto, in order to maintain compliance with changes pursuant to federal or state laws, regulations, or policies affecting pertinent regulations or funding. 111. The FY 2022 GRANT ASSURANCES for the SHSGP, promulgated by the California Office of Emergency Services, is made part of this AGREEMENT and included as ATTACHMENT A.
Sub-Recipient certifies that:
1) Sub-Recipient will comply with the FY 2022 GRANT ASSURANCES; 2) Sub-Recipient's signatory to this agreement will separately sign the FY 2022 GRANT ASSURANCES included as ATTACHMENT A;
3) Sub-Recipient's signatory has obtained the required written authorization from signatory's applicable governing body, as set forth in the attached FY 2022 GRANT ASSURANCES, that signatory is authorized to sign this AGREEMENT.
IV. TERMINATION:
A. Without Cause: County will have the right to terminate this AGREEMENT without cause by giving thirty (30) days prior written notice of intention to terminate pursuant to this provision, specifying the date of termination. County will pay to the Sub-Recipient the compensation earned for pre-approved work performed and not previously paid for during the period of this AGREEMENT to the date of termination. County will not pay lost anticipated profits or other economic loss. 1 57
The payment of such compensation is subject to the restrictions on payment of compensation otherwise provided in this AGREEMENT, and is conditioned upon receipt from Sub-Recipient of any and all plans, specifications and estimates, and other documents prepared by Sub-Recipient in accordance with this AGREEMENT. No sanctions will be imposed.
B. With Cause: This AGREEMENT may be terminated by either party should the other party:
1 . be adjudged as bankrupt, or
2. become insolvent or have a receiver appointed, or
3. make a general assignment for the benefit of creditors, or
4. suffer any judgment which remains unsatisfied for 30 days, and which would substantively impair the ability of the judgment debtor to perform under this AGREEMENT, or
5. materially breach this AGREEMENT.
For any of the occurrences except item (5), termination may be effected upon written notice by the terminating party specifying the date of the termination. Upon a material breach, the AGREEMENT may be terminated following the failure of the defaulting party to remedy the breach to the satisfaction of the non-defaulting party within five (5) days of written notice specifying the breach. If the breach is not remedied within that five (5) day period, the non-defaulting party may terminate the AGREEMENT on further written notice specifying the date of termination. If the nature of the breach is such that it cannot be cured within a five (5) day period, the defaulting party may, submit a written proposal within that period which sets forth a specific means to resolve the default. If the non-defaulting party consents to that proposal in writing, which consent shall not be unreasonably withheld, the defaulting party shall immediately embark on its plan to cure. If the default is not cured within the time agreed, the non-defaulting party may terminate upon written notice specifying the date of termination. County will pay to the Sub-Recipient the compensation earned for work performed and not previously paid for to the date of termination. County will not pay lost anticipated profits or other economic loss, nor will the County pay compensation or make reimbursement to cure a breach arising out of or resulting from such termination. If the expense of finishing the Sub-Recipient scope of work exceeds the unpaid balance of the AGREEMENT, the Sub-Recipient must pay the difference to the County. The payment of such compensation is subject to the restrictions on payment of compensation otherwise provided in this AGREEMENT, and is conditioned upon receipt from Sub-Recipient of any and all plans, specifications and estimates, and other documents prepared by Sub-Recipient by the date of termination in accordance with this AGREEMENT.
Sanctions taken will be possible rejection of future proposals based on specific causes of non-performance.
C. Effects of Termination: Expiration or termination of this AGREEMENT shall not terminate any obligations to indemnify, to maintain and make available any records pertaining to the AGREEMENT, to cooperate with any audit, to be subject to offset, or to make any reports of pre-termination contract activities. Where SubRecipient's services have been terminated by the County, said termination will not affect any rights of the County to recover damages against the Sub-Recipient or to require the forfeiture of equipment acquired or obtained through grant funds as provided in section Ill, paragraph 44, subparagraph (c). 2 58
D. Suspension of Performance: Independent of any right to terminate this AGREEMENT, the authorized representative of County for which Sub-Recipient's services are to be performed, may immediately suspend performance by SubRecipient, in whole or in part, in response to health, safety or financial emergency, or a failure or refusal by Sub-Recipient to comply with the provisions of this AGREEMENT, until such time as the cause for suspension is resolved, or a notice of termination becomes effective.
V. TERM: This AGREEMENT shall commence on the date of County signature and continue until terminated under the provisions of paragraph IV. The performance period for the FY 2022 SHSGP is 09/01/2022 to 05/31/2025.
VI. INDEMNIFICATION:
A. County shall defend, indemnify and hold Sub-Recipient and its respective officers, board members, employees and agents, harmless from and against any and all liability, loss, expense, reasonable attorneys' fees, or claims for injury or damages arising out of the performance of this AGREEMENT but only in proportion to and to the extent such liability, loss, expense, reasonable attorneys' fees, or claims for injury or damages are caused by or result from the negligent acts or omissions, or willful misconduct of County, its officers, agents, or employees.
B. Sub-Recipient shall defend, indemnify and hold County, its officers, board members, employees and agents, harmless from and against any and all liability, loss, expense, reasonable attorneys' fees, or claims for injury or damage arising out of the performance of this AGREEMENT but only in proportion to and to the extent such liability, loss, expense, attorneys' fees, or claims for injury or damages are caused by or result from the negligent acts or omissions, or willful misconduct of Sub-Recipient and its officers, agents, or employees.
VII. INSURANCE: Sub-Recipient certifies it is insured or self-insured for general liability exposures with limits of no less than $1 million per occurrence. Sub-Recipient certifies it is insured or self-insured for workers' compensation and maintains statutory limits. SubRecipient agrees that coverage limits specified within the agreement will not be used to reduce limits of coverage from Sub-Recipient full policy limits. Insurance Policies will not be used to limit liability or to limit the indemnification provisions and requirements of this agreement or act in any way to reduce available coverage and limits from the insurer.
Failure to maintain or renew coverage may be a material breach of this AGREEMENT.
VIII. ENTIRE AGREEMENT REPRESENTED: This AGREEMENT represents the entire agreement between Sub-Recipient and County as to its subject matter and no prior oral or written understanding shall be of any force or effect. No part of this AGREEMENT may be modified without the written consent of both parties.
Signature page to follow
3 59
Sub-Recipient
The undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the Sub-Recipient.
Name: ______________________________ _
Address: _____________________________ _
Title: _______________ _ Date:
Signature: _____________________________ _
Printed Name:
County of Merced
By: ___ _ _______ _
Chairman, Board of Supervisors
Date: _ _ ____ _
REVIEWED AS TO LEGAL FORM
By: _ _ ___ _____ _
County Counsel
4 60
EXHIBIT B
ATTACHMENT A
CalOES
00'11'£RNOR '$ OFFICIE
OF l!Wl!HENCY SHVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
As the duly authorized representative of the Applicant, I hereby certify that the Applicant has the legal authority to apply for federal assistance and the institutional, managerial and financial capability {including funds sufficient to pay any non-federal share of project cost) to ensure proper planning, management, and completion of the project described in this application, within prescribed timelines.
I further acknowledge that the Applicant is responsible for reviewing and adhering to all requirements within the:
(a) Applicable Federal Regulations {see below);
(b) Federal Program Notice of Funding Opportunity {NOFO); (c) Federal Preparedness Grants Manual;
(d) California Supplement to the NOFO; and
(e) Federal and State Grant Program Guidelines.
Federal Regulations
Government cost principles, uniform administrative requirements, and audit requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations {C.F.R.). Updates are issued by the Office of Management and Budget {0MB) and can be found at http://www.whitehouse.gov/omb/.
State and federal grant award requirements are set forth below. The Applicant hereby agrees to comply with the following:
1. Proof of Authority
The Applicant will obtain proof of authority from the city council, governing board, or authorized body in support of this project. This written authorization must specify that the Applicant and the city council, governing board, or authorized body agree:
(a) To provide all matching funds required for the grant project and that any cash match will be appropriated as required;
(b) Any liability arising out of the performance of this agreement shall be the responsibility of the Applicant and the city council, governing board, or authorized body;
(c) Grant funds shall not be used to supplant expenditures controlled by the city council, governing board, or authorized body;
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Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(d) Applicant is authorized by the city council, governing board, or authorized body to apply for federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-federal share of project cost, if any) to ensure proper planning, management and completion of the project described in this application; and
(e) Official executing this agreement is authorized by the Applicant.
This Proof of Authority must be maintained on file and readily available upon request.
2. Period of Performance
The period of performance is specified in the Award. The Applicant is only authorized to perform allowable activities approved under the award, within the period of performance.
3. Lobbying and Political Activities
As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons entering into a contract, grant, loan, or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the Applicant certifies that:
(a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
(b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions.
(c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and discloseaccordingly.
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OOIIEIUiOR'$ OFFICE
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Standard Assurances
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The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§ 1501- 1508 and§§ 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds.
Finally, the Applicant agrees that federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation or policy without the express written approval from the California Governor's Office of Emergency Services (Cal OES) or the federal awarding agency.
4. Debarment and Suspension
As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.214 and codified in 2 C.F.R. Part 180, Debarment and Suspension, the Applicant will provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government. The Applicant certifies that it and its principals, recipients, or subrecipients:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal departmentoragenc~
(b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (2) (b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transaction (federal, state, or local) terminated for cause or default.
Where the Applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application.
5. Non-Discrimination and Equal Employment Opportunity
The Applicant will comply with all state and federal statutes relating to nondiscrimination, including:
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GO'IIE:AHOR'$ OFFICE
OF EMH8!NCY SERVJCES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. § 2000d et. seq.) which prohibits discrimination on the basis of race, color, or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services;
(b) Title IX of the Education Amendments of 1972, (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex in any federally funded educational program or activity;
(c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794), which prohibits discrimination against those with disabilities or access and functional needs; (d) Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. §§ 12101- 12213), which prohibits discrimination on the basis of disability and requires buildings and structures be accessible to those with disabilities and access and functional needs;
(e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age;
(f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd-2), relating to confidentiality of patient records regarding substance abuse treatment; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing as implemented by the Department of Housing and Urban Development at 24 C.F.R. PartlO0. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units-Le., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)- be designed and constructed with certain accessible features (See 24 C.F .R. § 100.201); (h) Executive Order 11246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identification or national origin;
(i) Executive Order 11375, which bans discrimination on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of government contractors;
G) California Public Contract Code§ 10295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages;
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Standard Assurances
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(k) OHS policy to ensure the equal treatment of faith-based organizations, under which all applicants and recipients must comply with equal treatment policies and requirements contained in 6 C.F.R. Part 19;
(I) The Applicant will comply with California's Fair Employment and Housing Act (FEHA) (California Government Code§§ 12940, 12945, 12945.2), as applicable.
FEHA prohibits harassment and discrimination in employment because of ancestry, familial status, race, color, religious creed (including religious dress and grooming practices), sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, genetic information, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave, military and veteran status, and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions; (m)Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and
(n) The requirements of any other nondiscrimination statute(s) that may apply to this application.
6. Drug-Free Workplace
As required by the Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.), the Applicant certifies that it will maintain a drug-free workplace and a drug-free awareness program as outlined in the Act.
7. Environmental Standards
The Applicant will comply with state and federal environmental standards, including:
(a) California Environmental Quality Act (CEQA) (California Public Resources Code § § 21000- 21177), to include coordination with the city or county planning agency;
(b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, § § 15000- 1 5387);
(c) Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters; (d) Federal Clean Air Act of 1955 (42 U.S.C. § 7 401) which regulates air emissions from stationary and mobile sources;
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Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(e) Institution of environmental quality control measures under the National Environmental Policy Act (NEPA) of 1969 (P .L. 91-190); the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA; and Executive Order 12898 which focuses on the environmental and human health effects of federal actions on minority and low-income populations with the goal of achieving environmental protection for all communities;
(f) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988;
(g) Executive Order 11514 which sets forth national environmental standards; (h) Executive Order 11 738 instituted to assure that each federal agency empowered to enter into contracts for the procurement of goods, materials, or services and each federal agency empowered to extend federal assistance by way of grant, loan, or contract shall undertake such procurement and assistance activities in a manner that will result in effective enforcement of the Clean Air Act and the Federal Water Pollution Control Act Executive Order 11990 which requires preservation of wetlands;
(i) The Safe Drinking Water Act of 1974, (P.L. 93-523); G) The Endangered Species Act of 1973, (P.L. 93-205);
(k) Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 etseq.);
(I) Conformity of Federal Actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.);
(m) Wild and Scenic Rivers Act of 1968 ( 16 U.S.C. § 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system.
The Applicant shall not be: 1) in violation of any order or resolution promulgated by the State Air Resources Board or an air pollution district; 2) subject to a cease and desist order pursuant to§ 13301 of the California Water Code for violation of waste discharge requirements or discharge prohibitions; or 3) determined to be in violation of federal law relating to air or water pollution.
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Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
8. Audits
For subrecipients expending $750,000 or more in federal grant funds annually, the Applicant will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and Title 2 of the Code of Federal Regulations, Part 200, Subpart F Audit Requirements.
9. Cooperation and Access to Records
All Applicants must cooperate with any compliance reviews or investigations conducted by DHS. In accordance with 2 C.F.R. § 200.337, the Applicant will give the awarding agency, the Comptroller General of the United States and, if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award. The Applicant will require any subrecipients, contractors, successors, transferees and assignees to acknowledge and agree to comply with this provision.
1 o. Conflict of Interest
The Applicant will establish safeguards to prohibit the Applicant's employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.
11. Financial Management
False Claims for Payment- The Applicant will comply with 31 U.S.C §§ 3729-3733 which sets forth that no subrecipient, recipient, or subrecipient shall submit a false claim for payment, reimbursement or advance.
12. Reporting - Accountability
The Applicant agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282), specifically (a) the reporting of subawards obligating $30,000 or more in federal funds and (b) executive compensation data for first-tier subawards. This includes the provisions of FFATA, which includes requirements for executive compensation, and also requirements implementing the Act for the non-federal entity at 2 C.F.R. Part 25 Financial Assistance Use of Universal Identifier and Central Contractor Registration and 2 C.F.R.
Part 170 Reporting Subaward and Executive Compensation Information.
13. Whistleblower Protections
The Applicant also must comply with statutory requirements for whistleblower protections at 10 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. § 4304 and § 4310.
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Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
14. Human Trafficking
The Applicant will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits grant award recipients or a subrecipient from: ( 1) engaging in trafficking in persons during the period of time that the award is in effect; (2) procuring a commercial sex act during the period of time that the award is in effect; (3) using forced labor in the performance of the award or subawards under the award.
15. Labor Standards
The Applicant will comply with the following federal labor standards:
(a) The Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the_ Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for federally-assisted construction contracts or subcontracts, and (b) The Federal Fair Labor Standards Act (29 U.S.C. § 201 et al.) as they apply to employees of institutes of higher learning (IHE), hospitals and othernon-profit organizations.
16. Worker's Compensation
The Applicant must comply with provisions which require every employer to be insured to protect workers who may be injured on the job at all times during the performance of the work of this Agreement, as per the workers compensation laws set forth in California Labor Code§§ 3700 et seq.
17. Property-Related
If applicable to the type of project funded by this federal award, the Applicant will:
(a) Comply with the requirements of Titles II and Ill of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P .L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchase; (b) Comply with flood insurance purchase requirements of Section 102(a) of the_ Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires subrecipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more;
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OF l!VERll!NCY SHYfCH
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(c) Assist the awarding agency in assuring compliance with Section 106 of the (d) National Historic Preservation Act of 1966, as amended ( 16 U .S.C. § 470), Executive Order 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 197 4 ( 16 U.S.C. §469a-1 et seq.); and
(e) Comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4831 and 24 CFR Part 35) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.
18. Certifications Applicable Only to Federally-Funded Construction Projects For all construction projects, the Applicant will:
(a) Not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the project;
(b) Comply with the requirements of the awarding agency with regard to the drafting, review and approval of construction plans and specifications; and (c) Provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State.
19. Use of Cellular Device While Driving is Prohibited
Applicants are required to comply with California Vehicle Code sections 23123 and 23123.5. These laws prohibit driving motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication. Drivers are also prohibited from the use of a wireless telephone without hands-free listening and talking, unless to make an emergency call to 911, law enforcement, or similar services.
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OF EWEHENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
20. California Public Records Act and Freedom of Information Act The Applicant acknowledges that all information submitted in the course of applying for funding under this program, or provided in the course of an entity's grant management activities that are under Federal control, is subject to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the California Public Records Act, California Government Code section 6250 et seq. The Applicant should consider these laws and consult its own State and local laws and regulations regarding the release of information when reporting sensitive matters in the grant application, needs assessment, and strategic planning process.
HOMELAND SECURITY GRANT PROGRAM (HSGP) -
PROGRAM SPECIFIC ASSURANCES / CERTIFICATIONS
21. Acknowledgment of Federal Funding from OHS
All recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds.
22. Activities Conducted Abroad
All recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained.
23. Best Practices for Collection and Use of Personally Identifiable Information (PII) DHS defines personally identifiable information (PII) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. All recipients who collect PII are required to have a publicly-available privacy policy that describes standards on the usage and maintenance of PII they collect. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template a useful resource respectively.
24. Copyright
All recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards.
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25. Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies, to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions, or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions.
26. Energy Policy and Conservation Act
All recipients must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act.
27. Federal Debt Status
All recipients are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See 0MB Circular A-129.
28. Fly America Act of 1974
All recipients must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 197 4 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B138942.
29. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, all Applicants must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 197 4, as amended, 15 U.S.C. § 2225a.
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Standard Assurances
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30. Non-supplanting Requirement
All recipients who receive federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through nonfederal sources.
31. Patents and Intellectual Property Rights
Unless otherwise provided by law, recipients are subject to the Bayh-Dole Act, Pub. L.
No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. All recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14.
32.SAFECOM
All recipients who receive federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications.
33. Terrorist Financing
All recipients must comply with Executive Order 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance with the Order and laws.
34. Reporting of Matters Related to Recipient Integrity and Performance If the total value of the recipient's currently active grants, cooperative agreements, and procurement contracts from all federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this federal financial assistance award, you must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions.
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35. USA Patriot Act of 2001
All recipients must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175-175c.
36. Use of DHS Seal, Logo, and Flags
All recipients must obtain permission from their DHS Financial Assistance Office, prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials.
37. Performance Goals
In addition to the Biannual Strategy Implementation Report submission requirements outlined in the Preparedness Grants Manual, subrecipients must demonstrate how the grant-funded project addresses the core capability gap associated with each project and identified in the Threat and Hazard Identification and Risk Analysis or Stakeholder Preparedness Review or sustains existing capabilities, as applicable. The capability gap reduction or capability sustainment must be addressed in the Project Description of the BSIR for each project.
38. Applicability of DHS Standard Terms and Conditions to Tribes The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon recipients and flow down to subrecipients as a matter of law, regulation, or executive order. If the requirement does not apply to Indian tribes or there is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence to, DHS Standard Terms and Conditions does not change or alter its inapplicability to an Indian tribe. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does not already exist.
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IMPORTANT
The purpose of the assurance is to obtain federal and state financial assistance, including any and all federal and state grants, loans, reimbursement, contracts, etc. The Applicant recognizes and agrees that state financial assistance will be extended based on the representations made in this assurance. This assurance is binding on the Applicant, its successors, transferees, assignees, etc. Failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds.
All appropriate documentation, as outlined above, must be maintained on file by the Applicant and available for Cal OES or public scrutiny upon request. Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the subrecipient may be ineligible for award of any future grants if the Cal OES determines that any of the following has occurred: ( 1) the recipient has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.
All of the language contained within this document must be included in the award documents for all subawards at all tiers. All recipients are bound by the Department of Homeland Security Standard Terms and Conditions 2021, Version 11.4, hereby incorporated by reference, which can be found at:
https://www.dhs.gov/publication/fyl 5-dhs-standard-terms-and-conditions.
The undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the Applicant.
Subrecipient: ____________________________ _
Signature of Authorized Agent: _____________________ _
Printed Name of Authorized Agent: ___________________ _ Title: ___________________ Date: __________ _
74 RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS BANOS, APPROVING,
AUTHORIZING AND RATIFYING THE CITY'S PARTICIPATION IN THE HOMELAND
SECURITY GRANT PROGRAM AND AUTHORIZING THE CITY MANAGER ON BEHALF OF
THE CITY OF LOS BANOS TO ENTER INTO THE STANDARD GRANT ASSURANCE
AGREEMENT WITH CAL-OES AND A SUBRECIPIENT AGREEMENT WITH THE COUNTY
OF MERCED
WHEREAS, the State Homeland Security and Security Grant Program (SHSGP) supports the implementation of State Homeland Security Strategies to address the identified planning, organization, equipment, training, and exercise needs to prevent, protect against, mitigate, respond to, and recover from acts of terrorism and other catastrophic events; and WHEREAS, the California Governor's Office of Emergency Services requires FY 2023 Grant Assurances be executed by an authorized representative of the applicant (the City) to receive an award; and
WHEREAS, beginning 2016, the Merced County Office of Emergency Services requires Grant Assurances Sub Recipient Agreement be executed between Merced County ("County") and the City of Los Banos ("Sub-Recipient").
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Los Banos as follows:
SECTION 1. The City Manager of the City of Los Banos is authorized, on its behalf, to execute Exhibit "A" (the Sub-Recipient Agreement with the County of Merced), including any annual extension thereof;
SECTION 2. The City Manager of the City of Los Banos is authorized, on its behalf, to execute Exhibit "B" (the SHSGP Grant Assurance Agreements with Cal-OES) including any annual extension thereof.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 5th day of June 2024, by City Council Member ____ , who moved its adoption, which motion was duly seconded by City Council Member ____ , and the Resolution was adopted by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
Paul Llanez, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
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76 EXHIBIT A
OFFICE OF EMERGENCY SERVICES
State Homeland Security Grant Programs
Funding for Equipment, Planning, Administration, Training and Exercises THIS AGREEMENT is entered into by and between County of Merced ("County") and the City of Los Banos ("Sub-Recipient").
County and Sub-Recipient have entered into this AGREEMENT with reference to the following circumstances:
A. The California State Homeland Security Grant Program (SHSGP) is providing funding through federal grants from the Department of Homeland Security to enhance the capabilities of state and local first responders by allowing the purchase of advanced types of equipment, as well as addressing other critical homeland security needs, including administration, planning, training and exercise related costs.
NOW, THEREFORE, based on the foregoing recitals, which the parties agree to be true and correct, it is mutually agreed between both parties:
I. This AGREEMENT applies to the State Homeland Security Grant Program, funded through the County to the Sub-Recipient.
II. Amendments or modifications to the terms of this AGREEMENT must be made in writing, and approved by all parties hereto, in order to maintain compliance with changes pursuant to federal or state laws, regulations, or policies affecting pertinent regulations or funding. 111. The FY 2023 GRANT ASSURANCES for the SHSGP, promulgated by the California Office of Emergency Services, is made part of this AGREEMENT and included as ATTACHMENT A.
Sub-Recipient certifies that:
1) Sub-Recipient will comply with the FY 2023 GRANT ASSURANCES; 2) Sub-Recipient's signatory to this agreement will separately sign the FY 2023 GRANT ASSURANCES included as ATTACHMENT A;
3) Sub-Recipient's signatory has obtained the required written authorization from signatory's applicable governing body, as set forth in the attached FY 2023 GRANT ASSURANCES, that signatory is authorized to sign this AGREEMENT.
IV. TERMINATION:
A. Without Cause: County will have the right to terminate this AGREEMENT without cause by giving thirty (30) days prior written notice of intention to terminate pursuant to this provision, specifying the date of termination. County will pay to the Sub-Recipient the compensation earned for pre-approved work performed and not previously paid for during the period of this AGREEMENT to the date of termination. County will not pay lost anticipated profits or other economic loss. 1 77
The payment of such compensation is subject to the restrictions on payment of compensation otherwise provided in this AGREEMENT, and is conditioned upon receipt from Sub-Recipient of any and all plans, specifications and estimates, and other documents prepared by Sub-Recipient in accordance with this AGREEMENT. No sanctions will be imposed.
B. With Cause: This AGREEMENT may be terminated by either party should the other party:
1. be adjudged as bankrupt, or
2. become insolvent or have a receiver appointed, or
3. make a general assignment for the benefit of creditors, or
4. suffer any judgment which remains unsatisfied for 30 days, and which would substantively impair the ability of the judgment debtor to perform under this AGREEMENT, or
5. materially breach this AGREEMENT.
For any of the occurrences except item (5), termination may be effected upon written notice by the terminating party specifying the date of the termination. Upon a material breach, the AGREEMENT may be terminated following the failure of the defaulting party to remedy the breach to the satisfaction of the non-defaulting party within five (5) days of written notice specifying the breach. If the breach is not remedied within that five (5) day period, the non-defaulting party may terminate the AGREEMENT on further written notice specifying the date of termination. If the nature of the breach is such that it cannot be cured within a five (5) day period, the defaulting party may, submit a written proposal within that period which sets forth a specific means to resolve the default. If the non-defaulting party consents to that proposal in writing, which consent shall not be unreasonably withheld, the defaulting party shall immediately embark on its plan to cure. If the default is not cured within the time agreed, the non-defaulting party may terminate upon written notice specifying the date of termination. County will pay to the Sub-Recipient the compensation earned for work performed and not previously paid for to the date of termination. County will not pay lost anticipated profits or other economic loss, nor will the County pay compensation or make reimbursement to cure a breach arising out of or resulting from such termination. If the expense of finishing the Sub-Recipient scope of work exceeds the unpaid balance of the AGREEMENT, the Sub-Recipient must pay the difference to the County. The payment of such compensation is subject to the restrictions on payment of compensation otherwise provided in this AGREEMENT, and is conditioned upon receipt from Sub-Recipient of any and all plans, specifications and estimates, and other documents prepared by Sub-Recipient by the date of termination in accordance with this AGREEMENT.
Sanctions taken will be possible rejection of future proposals based on specific causes of non-performance.
C. Effects of Termination: Expiration or termination of this AGREEMENT shall not terminate any obligations to indemnify, to maintain and make available any records pertaining to the AGREEMENT, to cooperate with any audit, to be subject to offset, or to make any reports of pre-termination contract activities. Where SubRecipient's services have been terminated by the County, said termination will not affect any rights of the County to recover damages against the Sub-Recipient or to require the forfeiture of equipment acquired or obtained through grant funds as provided in section Ill, paragraph 44, subparagraph (c). 2 78
D. Suspension of Performance: Independent of any right to terminate this AGREEMENT, the authorized representative of County for which Sub-Recipient's services are to be performed, may immediately suspend performance by SubRecipient, in whole or in part, in response to health, safety or financial emergency, or a failure or refusal by Sub-Recipient to comply with the provisions of this AGREEMENT, until such time as the cause for suspension is resolved, or a notice of termination becomes effective.
V. TERM: This AGREEMENT shall commence on the date of County signature and continue until terminated under the provisions of paragraph IV. The performance period for the FY 2023 SHSGP is 09/01/2023 to 05/31/2026.
VI. INDEMNIFICATION:
A. County shall defend, indemnify and hold Sub-Recipient and its respective officers, board members, employees and agents, harmless from and against any and all liability, loss, expense, reasonable attorneys' fees, or claims for injury or damages arising out of the performance of this AGREEMENT but only in proportion to and to the extent such liability, loss, expense, reasonable attorneys' fees, or claims for injury or damages are caused by or result from the negligent acts or omissions, or willful misconduct of County, its officers, agents, or employees.
B. Sub-Recipient shall defend, indemnify and hold County, its officers, board members, employees and agents, harmless from and against any and all liability, loss, expense, reasonable attorneys' fees, or claims for injury or damage arising out of the performance of this AGREEMENT but only in proportion to and to the extent such liability, loss, expense, attorneys' fees, or claims for injury or damages are caused by or result from the negligent acts or omissions, or willful misconduct of Sub-Recipient and its officers, agents, or employees.
VII. INSURANCE: Sub-Recipient certifies it is insured or self-insured for general liability exposures with limits of no less than $1 million per occurrence. Sub-Recipient certifies it is insured or self-insured for workers' compensation and maintains statutory limits. SubRecipient agrees that coverage limits specified within the agreement will not be used to reduce limits of coverage from Sub-Recipient full policy limits. Insurance Policies will not be used to limit liability or to limit the indemnification provisions and requirements of this agreement or act in any way to reduce available coverage and limits from the insurer.
Failure to maintain or renew coverage may be a material breach of this AGREEMENT.
VIII. ENTIRE AGREEMENT REPRESENTED: This AGREEMENT represents the entire agreement between Sub-Recipient and County as to its subject matter and no prior oral or written understanding shall be of any force or effect. No part of this AGREEMENT may be modified without the written consent of both parties.
Signature page to follow
3 79
Sub-Recipient
The undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the Sub-Recipient.
Name: ---------------------------- --- Address: _____________________________ _ Title: ______________ _ Date:
Signature: _____________________________ _
Printed Name:
County of Merced
By: _ _ _________ _
Chairman, Board of Supervisors
Date: ______ _
REVIEWED AS TO LEGAL FORM
By: ____________ _
County Counsel
4 80
EXHIBIT B
ATTACHMENT A
CalOES
GO'IIUHOR'S OFFICI
OF l!MHHNCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
As the duly authorized representative of the Applicant, I hereby certify that the Applicant has the legal authority to apply for federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay any non-federal share of project cost) to ensure proper planning, management, and completion of the project described in this application, within prescribed timelines.
I further acknowledge that the Applicant is responsible for reviewing and adhering to all requirements within the:
(a) Applicable Federal Regulations (see below);
(b) Federal Program Notice of Funding Opportunity (NOFO); (c) Federal Preparedness Grants Manual;
(d) California Supplement to the NOFO; and
(e) Federal and State Grant Program Guidelines.
Federal Regulations
Government cost principles, uniform administrative requirements, and audit requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations (C.F.R.). Updates are issued by the Office of Management and Budget (0MB) and can be found at http://www.whitehouse.gov/omb/.
State and federal grant award requirements are set forth below. The Applicant hereby agrees to comply with the following:
1. Proof of Authority
The Applicant will obtain proof of authority from the city council, governing board, or authorized body in support of this project. This written authorization must specify that the Applicant and the city council, governing board, or authorized body agree:
(a) To provide all matching funds required for the grant project and that any cash match will be appropriated as required;
(b) Any liability arising out of the performance of this agreement shall be the responsibility of the Applicant and the city council, governing board, or authorized body;
(c) Grant funds shall not be used to supplant expenditures controlled by the city council, governing board, or authorized body;
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OOVEIUIOR'$ Of:FIC&
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Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(d) Applicant is authorized by the city council, governing board, or authorized body to apply for federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-federal share of project cost, if any) to ensure proper planning, management and completion of the project described in this application; and
(e) Official executing this agreement is authorized by the Applicant.
This Proof of Authority must be maintained on file and readily available upon request.
2. Period of Performance
The period of performance is specified in the Award. The Applicant is only authorized to perform allowable activities approved under the award, within the period of performance.
3. Lobbying and Political Activities
As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons entering into a contract, grant, loan, or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the Applicant certifies that:
(a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
(b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions.
(c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
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OOYE:AHOR'$ OFFICE
OF l!tH!HENCY Sl!llYICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§ 1501- 1508 and§§ 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds.
Finally, the Applicant agrees that federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation or policy without the express written approval from the California Governor's Office of Emergency Services (Cal OES) or the federal awarding agency.
4. Debarment and Suspension
As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.214 and codified in 2 C.F.R. Part 180, Debarment and Suspension, the Applicant will provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government. The Applicant certifies that it and its principals, recipients, or subrecipients:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency;
(b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (2) (b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transaction (federal, state, or local) terminated for cause or default.
Where the Applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application.
5. Non-Discrimination and Equal Employment Opportunity
The Applicant will comply with all state and federal statutes relating to nondiscrimination, including:
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GOWHMOR'S OFFICE
OF l!Ml!HENCY SIRYlCES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.} 88-352 and 42 U.S.C. § 2000d et. seq.} which prohibits discrimination on the basis of race, color, or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP} to their programs and services;
(b) Title IX of the Education Amendments of 1972, (20 U.S.C. §§ 1681-1683, and 1685-1686}, which prohibits discrimination on the basis of sex in any federally funded educational program or activity;
(c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794}, which prohibits discrimination against those with disabilities or access and functional needs; (d) Americans with Disabilities Act (ADA} of 1990 (42 U.S.C. §§ 12101- 12213}, which prohibits discriminationon the basis of disability and requires buildings and structures be accessible to those with disabilities and access and functional needs;
(e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107}, which prohibits discrimination on the basis of age;
(f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd-2}, relating to confidentiality of patient records regarding substance abuse treatment; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.}, relating to nondiscrimination in the sale, rental or financing of housing as implemented by the Department of Housing and Urban Development at 24 C.F.R. Partl00. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units-Le., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators}- be designed and constructed with certain accessible features (See 24 C.F.R. § 100.201 }; (h) Executive Order 11246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identification or national origin;
(i) Executive Order 11375, which bans discrimination on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of government contractors;
(j) California Public Contract Code§ 10295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages;
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OOVHHOR'S OFFICE
OF Eltl!Hl!NCY HRYICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(k) OHS policy to ensure the equal treatment of faith-based organizations, under which all applicants and recipients must comply with equal treatment policies and requirements contained in 6 C.F.R. Part 19;
(I) The Applicant will comply with California's Fair Employment and Housing Act (FEHA) (California Government Code §§ 12940, 12945, 12945.2), as applicable.
FEHA prohibits harassment and discrimination in employment because of ancestry, familial status, race, color, religious creed (including religious dress and grooming practices), sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, genetic information, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave, military and veteran status, and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions; (m) Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and
(n) The requirements of any other nondiscrimination statute(s) that may apply to this application.
6. Drug-Free Workplace
As required by the Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.), the Applicant certifies that it will maintain a drug-free workplace and a drug-free awareness program as outlined in the Act.
7. Environmental Standards
The Applicant will comply with state and federal environmental standards, including:
(a) California Environmental Quality Act (CEQA) (California Public Resources Code § § 21000- 21177), to include coordination with the city or county planning agency;
(b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, § § 15000- 15387);
(c) Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters; (d) Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air emissions from stationary and mobile sources;
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OO'ilAMOR'S Ol=ll=ICE
OF l!Wl!HENCY SIRYICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(e) Institution of environmental quality control measures under the National Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA; and Executive Order 12898 which focuses on the environmental and human health effects of federal actions on minority and low-income populations with the goal of achieving environmental protection for all communities;
(f) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988;
(g) Executive Order 11514 which sets forth national environmental standards; (h) Executive Order 11 738 instituted to assure that each federal agency empowered to enter into contracts for the procurement of goods, materials, or services and each federal agency empowered to extend federal assistance by way of grant, loan, or contract shall undertake such procurement and assistance activities in a manner that will result in effective enforcement of the Clean Air Act and the Federal Water Pollution Control Act Executive Order 11990 which requires preservation of wetlands;
(i) The Safe Drinking Water Act of 197 4, (P .L. 93-523); G) The Endangered Species Act of 1973, (P.L. 93-205);
(k) Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 etseq.);
(I) Conformity of Federal Actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.);
(m)Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system.
The Applicant shall not be: 1) in violation of any order or resolution promulgated by the State Air Resources Board or an air pollution district; 2) subject to a cease and desist order pursuant to § 13301 of the California Water Code for violation of waste discharge requirements or discharge prohibitions; or 3) determined to be in violation of federal law relating to air or water pollution.
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OO'IIEIINOR'S OltFICE
OF EMEHENCY SIERYICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
8. Audits
For subrecipients expending $750,000 or more in federal grant funds annually, the Applicant will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and Title 2 of the Code of Federal Regulations, Part 200, Subpart F Audit Requirements.
9. Cooperation and Access to Records
All Applicants must cooperate with any compliance reviews or investigations conducted by DHS. In accordance with 2 C.F.R. § 200.337, the Applicant will give the awarding agency, the Comptroller General of the United States and, if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award. The Applicant will require any subrecipients, contractors, successors, transferees and assignees to acknowledge and agree to comply with this provision.
1 o. Conflict of Interest
The Applicant will establish safeguards to prohibit the Applicant's employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.
11. Financial Management
False Claims for Payment-The Applicant will comply with 31 U.S.C §§ 3729-3733 which sets forth that no subrecipient, recipient, or subrecipient shall submit a false claim for payment, reimbursement or advance.
12. Reporting - Accountability
The Applicant agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282), specifically (a) the reporting of subawards obligating $30,000 or more in federal funds and (b) executive compensation data for first-tier subawards. This includes the provisions of FFAT A, which includes requirements for executive compensation, and also requirements implementing the Act for the non-federal entity at 2 C.F.R. Part 25 Financial Assistance Use of Universal Identifier and Central Contractor Registration and 2 C.F.R.
Part 170 Reporting Subaward and Executive Compensation Information.
13. Whistleblower Protections
The Applicant also must comply with statutory requirements for whistleblower protections at 10 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. § 4304 and § 4310.
87 CalOES
OOY&:AHOR'S OIF'FICI
OF l!Wl!Hl!NCY HRYI CES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
14. Human Trafficking
The Applicant will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits grant award recipients or a subrecipient from: ( l) engaging in trafficking in persons during the period of time that the award is in effect; (2) procuring a commercial sex act during the period of time that the award is in effect; (3) using forced labor in the performance of the award or subawards under the award.
15. Labor Standards
The Applicant will comply with the following federal labor standards:
(a) The Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the_ Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for federally-assisted construction contracts or subcontracts, and (b) The Federal Fair Labor Standards Act (29 U.S.C. § 201 et al.) as they apply to employees of institutes of higher learning (IHE), hospitals and othernon-profit organizations.
16. Worker's Compensation
The Applicant must comply with provisions which require every employer to be insured to protect workers who may be injured on the job at all times during the performance of the work of this Agreement, as per the workers compensation laws set forth in California Labor Code_§§ 3700 et seq.
17. Property-Related
If applicable to the type of project funded by this federal award, the Applicant will:
(a) Comply with the requirements of Titles II and Ill of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchase; (b) Comply with flood insurance purchase requirements of Section 102(a) of the_ Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires subrecipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more;
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OOWERMOR'$ OFFICE
OF EMEHENCY Sl!RVlCE$
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(c) Assist the awarding agency in assuring compliance with Section 106 of the (d) National Historic Preservation Act of 1966, as amended ( 16 U.S.C. § 470), Executive Order 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §469a-1 et seq.); and
(e) Comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4831 and 24 CFR Part 35) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.
18. Certifications Applicable Only to Federally-Funded Construction Projects For all construction projects, the Applicant will:
(a) Not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the project;
{b) Comply with the requirements of the awarding agency with regard to the drafting, review and approval of construction plans and specifications; and (c) Provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State.
19. Use of Cellular Device While Driving is Prohibited
Applicants are required to comply with California Vehicle Code sections 23123 and 23123.5. These laws prohibit driving motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication. Drivers are also prohibited from the use of a wireless telephone without hands-free listening and talking, unless to make an emergency call to 911, law enforcement, or similar services.
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GOWHNOR'$ OFFICE
OF !Wl!HENCY SHVlCl!S
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
20. California Public Records Act and Freedom of Information Act The Applicant acknowledges that all information submitted in the course of applying for funding under this program, or provided in the course of an entity's grant management activities that are under Federal control, is subject to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the California Public Records Act, California Government Code section 6250 et seq. The Applicant should consider these laws and consult its own State and local laws and regulations regarding the release of information when reporting sensitive matters in the grant application, needs assessment, and strategic planning process.
HOMELAND SECURITY GRANT PROGRAM (HSGP) -
PROGRAM SPECIFIC ASSURANCES / CERTIFICATIONS
21. Acknowledgment of Federal Funding from OHS
All recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds.
22. Activities Conducted Abroad
All recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained.
23. Best Practices for Collection and Use of Personally Identifiable Information (PII} DHS defines personally identifiable information (PII) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. All recipients who collect PII are required to have a publicly-available privacy policy that describes standards on the usage and maintenance of PII they collect. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template a useful resource respectively.
24. Copyright
All recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards.
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OOVERNOR'$ OFFICE
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Standard Assurances
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25. Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies, to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions, or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions.
26. Energy Policy and Conservation Act
All recipients must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act.
27. Federal Debt Status
All recipients are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See 0MB Circular A-129.
28. Fly America Act of 1974
All recipients must comply with Preference for U.S. Flag Air Carriers: ( air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 197 4 ( 49 U .S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B138942.
29. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, all Applicants must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 197 4, as amended, 15 U.S.C. § 2225a.
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OOVE:AHOR'$ OFFICl
OP l!Wl!R&ENCY SHYl Cl!S
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
30. Non-supplanting Requirement
All recipients who receive federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through nonfederal sources.
31. Patents and Intellectual Property Rights
Unless otherwise provided by law, recipients are subject to the Bayh-Dole Act, Pub. L.
No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. All recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14.
32. SAFECOM
All recipients who receive federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications.
33. Terrorist Financing
All recipients must comply with Executive Order 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance with the Order and laws.
34. Reporting of Matters Related to Recipient Integrity and Performance If the total value of the recipient's currently active grants, cooperative agreements, and procurement contracts from all federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this federal financial assistance award, you must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions.
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For Cal OES Federal Non-Disaster Grant Programs
35. USA Patriot Act of 2001
All recipients must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175-175c.
36. Use of OHS Seal, Logo, and Flags
All recipients must obtain permission from their DHS Financial Assistance Office, prior to using the OHS seal(s), logos, crests or reproductions of flags or likenesses of OHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials.
37. Performance Goals
In addition to the Biannual Strategy Implementation Report submission requirements outlined in the Preparedness Grants Manual, subrecipients must demonstrate how the grant-funded project addresses the core capability gap associated with each project and identified in the Threat and Hazard Identification and Risk Analysis or Stakeholder Preparedness Review or sustains existing capabilities, as applicable. The capability gap reduction or capability sustainment must be addressed in the Project Description of the BSIR for each project.
38. Applicability of OHS Standard Terms and Conditions to Tribes The OHS Standard Terms and Conditions are a restatement of general requirements imposed upon recipients and flow down to subrecipients as a matter of law, regulation, or executive order. If the requirement does not apply to Indian tribes or there is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence to, DHS Standard Terms and Conditions does not change or alter its inapplicability to an Indian tribe. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does not already exist.
93 CalOES
OO'll'ERHOR'S OFFICE
OF l!Ml!R8ENCY SHVICl!S
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
IMPORTANT
The purpose of the assurance is to obtain federal and state financial assistance, including any and all federal and state grants, loans, reimbursement, contracts, etc. The Applicant recognizes and agrees that state financial assistance will be extended based on the representations made in this assurance. This assurance is binding on the Applicant, its successors, transferees, assignees, etc. Failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds.
All appropriate documentation, as outlined above, must be maintained on file by the Applicant and available for Cal OES or public scrutiny upon request. Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the subrecipient may be ineligible for award of any future grants if the Cal OES determines that any of the following has occurred: (1) the recipient has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.
All of the language contained within this document must be included in the award documents for all subawards at all tiers. All recipients are bound by the Department of Homeland Security Standard Terms and Conditions 2021, Version 11.4, hereby incorporated by reference, which can be found at:
https://www.dhs.gov/publication/fy 15-dhs-standard-terms-and-conditions.
The undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the Applicant.
Subrecipient: _ ________________________ _ _ _ _
Signature of Authorized Agent: _ ___________________ _ _ Printed Name of Authorized Agent: _____________ _ _ ____ _ Title: ___________________ Date: __________ _
94 LOs Banos
1 the Cros~ma,15 oj ( 11lilm m 1
Agenda Staff Report
TO:
FROM:
Mayor and Council Members
Lucy Mallonee, MMC .{),Jt'/\
City Clerk/Human Resources Director
DATE: June 5, 2024
TYPE OF REPORT: Consent Agenda
SUBJECT: Awarding Contract for Legal Advertising for Fiscal Year Ending June 30, 2025 and Authorizing and Directing the City Manager to Execute the Agreement
Recommendation:
Award the annual legal advertising contract to The Westside Express for the Fiscal Year 2024-2025.
Background:
On April 18, 2024, the City released a Request for Proposals (RFP) for Legal Advertising for Fiscal Year 2024-2025 and received one (1) response from The Westside Express.
Notices of the RFP were posted on the City's website and published in The Westside Express newspaper on April 24, 2024 and in the Merced Sun Star newspaper on May 8, 2024.
Discussion:
The California Government Code requires that the City publish legal advertising in a newspaper of general circulation:
Whenever any official advertising, notice, resolution, order, or other matter of any nature whatsoever is required by law to be published in a newspaper, 95 such publication shall be made only in a newspaper of general circulation. (Cal. Government Code §6040)
The Public Contract Code requires that each year cities that have more than one (1) newspaper of general circulation publish a notice inviting bids for the publication of legal notices.
"Annually before the beginning of the fiscal year, in cities where there is more than one newspaper of general circulation printed and published, the legislative body shall publish a notice inviting bids and contract for the publication of legal notices required to be published in such a newspaper.
The contract shall include the printing and publishing of all such legal notices during the fiscal year. If there is only one such newspaper, the legislative body may contract with it without advertising for bids." (Cal.
Public Contract Code §20169)
A summary of the one (1) response received is as follows:
Date of Adjudication
Days Published
Lead Time
Circulation in Los Banos
Online Publication
Cost per line per column
Cost per inch per column
Fiscal Impact:
WESTSIDE EXPRESS
January 20, 1999
Weekly, Wednesday
4:00 p.m. on the Friday prior to publication
1,313
No additional cost
$1.60
$13.00
The City budgeted approximately $19,000.00 for advertising in the current fiscal year.
Actual legal advertising costs will vary depending on the number of necessary legal advertisements throughout the year.
Josh
Attachments:
RFP -April 18, 2024
Proposal
Resolution
Vanessa Portillo, Finance Director
96 LOsBanos
At t11e Crossroads of California
REQUEST FOR PROPOSALS
FOR PUBLICATION OF
LEGAL NOTICES/LEGAL ADVERTISEMENTS
Release Date
April 18, 2024
Deadline for Submissions
May 20, 2024 at 4:00 P.M.
Contact Person .
Lucy Mallonee, MMC
City Clerk/Human Resources Director
City of Los Banos
520 J Street
Los Banos, CA 93635
(209) 827-2412
Email: [email protected].
1 97
REQUEST FOR PROPOSALS
LEGAL NOTICES/LEGAL ADVERTISEMENTS
CITY OF LOS BANOS
A. INTRODUCTION
1 . The City of Los Banos (hereinafter referred to as "City") is requesting proposals from a newspaper of general circulation, published and circulated in the City of Los Banos, for publication of required legal notices and legal advertising.
2. The City's anticipated volume of service during each fiscal year is an average of 85 publications for various notices, such as for public hearings, invitation to bidders, and ordinance summaries.
3. The City reserves the right to contract with multiple proposers.
4. Proposals shall be submitted in an envelope marked "Legal Notices/Legal Advertising RFP" in the bottom left hand corner and shall be delivered to the City Clerk of the City of Los Banos, 520 J Street, Los Banos, CA 93635. Faxed or e-mailed proposals will not be accepted. Late proposals will not be accepted. With regard to any proposal sent by mail to the City, the proposer will be solely responsible for its delivery to the City prior to the date and hour set forth herein. Any proposals received subsequent to the date and hour set forth herein, because of delayed mail delivery or any other reason, will not be considered by the City.
5. Copies of the Request for Proposals (RFP) may be obtained at the City Clerk's Office, City Hall, 520 J Street, Los Banos, CA 93635 or online at www.losbanos.org. Any questions regarding the RFP may be posed in writing to the City Clerk, City of Los Banos, 520 J Street, Los Banos CA 93635 or by email at [email protected].
8. GENERAL PROVISIONS
1. Each proposer shall be responsible for familiarizing themselves with requirements of the RFP and Scope of Work.
2. Publication of Legal Notices/Legal Advertising shall be in a newspaper of general circulation, as defined in California Government Code Section 6020 et. seq.
3. This proposal is subject to Public Contract Code Section 20169, which states:
"Annually, before the beginning of the fiscal year, in cities where there is more than one newspaper of general circulation printed and published, the legislative body shall publish a notice inviting bids and contract for the publication of legal notices required to be published in such a newspaper.
2 98
The contract shall include the printing and publishing of all such legal notices during the fiscal year. If there is only one such newspaper, the legislative body may contract with it without advertising for bids."
4. Attached to, and becoming a part of the proposal and contract, shall be proof that the publication is an adjudicated newspaper of general circulation within the City of Los Banos as set forth in California Government Code Sections 6000-6008.
5. The City reserves the right to evaluate each proposal based on several qualifications including circulation of the paper, days published, experience, samples, ability to respond, lead time, and cost. Although cost is one of the evaluating factors, the City is not bound to award the contract based on price alone.
6. Prices quoted on the proposal shall be in effect from date of bid proposal until June 30, 2025.
7. The City reserves the right to declare as non-responsive and reject any proposal in which material information requested is not furnished or where indirect or incomplete answers or information is provided.
8. The City reserves the right to reject any or all of the proposals received, to negotiate with qualified bidders, or to cancel the request for proposals in part or in its entirety without explanation to the bidders. The City may interview those bidders whose proposals were scored highest.
9. The City reserves the right to revise or amend the request for proposal up to the time set for opening of proposals. Such revisions and amendments, if any, shall be announced by amendments to this solicitation. Copies of such amendments shall be furnished to all prospective Proposers. If the changes are material, the date set for opening of proposals may be postponed. In any case, the proposal opening shall be at least five (5) working days after the last amendment; and the amendment shall include an announcement of the new date, if applicable, for the opening of proposals.
10. The City reserves the right to award contracts to multiple proposers.
11. Proposals must be made on the attached form. Do not remove any of the pages herein but submit as a complete package with any additional information to be provided by the Proposer.
12. Each proposal shall contain copies of the following:
• At least one previously published legal notice
• Documentation verifying circulation numbers
• Judicial decree of adjudication
• Current business license certificate
3 99
13. Proposer(s) selected by the City shall be required to enter into a written contract in substantially the form attached hereto, "Attachment B".
C. SCOPE OF WORK
The scope of services desired includes print advertising for legal notices/legal advertising.
The scope for services includes, at a minimum:
1. Proposer shall have the capability to receive typeset/copy materials and proofs via email. Proposer shall provide City with an email address to be used for transmission of typeset matter.
2. City departments may require that a draft of the publication be submitted for proofreading prior to publication. If errors are found after the sample proof has been checked, a revised corrected proof shall be submitted immediately to said department for approval prior to the publication of the printed advertisements or notices. All printing done hereunder that does not strictly comply with the approved proof furnished by the department originating such publication shall be corrected and republished by and at the expense of the Proposer.
3. The Proposer will provide deadlines and submittal instructions.
4. The Proposer shall submit proof of publication/tearsheet to the requesting City department or provide an online pathway to download the proof of publication/tearsheet and invoice in order to authorize payment by the City.
5. The Proposer should be aware that on occasion, emergency situations may require special handling to meet specific dates. The Proposer must agree and be prepared to assist the City in these special situations.
4 100
PROPOSAL FORM
(Must be filled out completely)
1. GENERAL INFORMATION
NEWSPAPER NAME: The Westside Express I Dos Palos Sun
ADDRESS: PO Box 2422. Los Banos. CA 93635
PUBLISHER: Genelieb CONTACT: Genelieb ------ ----- --------- PHONE NUMBER: (209) 704-3831 EMAIL ADDRESS: [email protected] ------- DATE OF CURRENT ADJUDICATION: January20, 1999 ---------------- CURRENT LOS BANOS BUSINESS LICENSE NUMBER: BL-2337
----------
CIRCULATION CITY OF LOS BANOS
HOME DELIVERY AND MAIL
SINGLE COPY SALES:
413
623
------------ O THE R: 277
----------------- TOTAL CIRCULATION: 1.3
l
3 -------------- Wednesday DAY(S) OF THE WEEK PUBLISHED: ______________ _ REQUIRED LEAD TIME FOR PUBLICATION: Fnd
ay
4 p.m. -------------- LE AD TIME FOR RETRACTIONS OR CORRECTIONS: Fnd ay 4
:
3 0p.m. -----------
IS ONLINE PUBLICATION AVAILABLE; AND IF SO, AT WHAT COST? Yes.nocoSl ------
IS ONLINE PUBLIC VIEWING AVAILABLE; AND IF SO, AT WHAT COST? Yes. nocoSt
2. PRICE INFORMATION
LEGAL NOTICES/LEGAL ADVERTISING: 1 60 . 1.66 ..
Cost per line per column $_ · _____ Column size ___ _
Cost per inch per column $ 13•
0 ° Column size _1._
66'_' __ _
Cost for subsequent runs $ 13.00
5 101
Discount for camera ready electronic
Submission via the internet or e-mail $ none
--------
Cost to publish "Attachment A" $_6_0.0_0 _____ _
PLEASE NOTE: Each proposal MUST include copies of:
• Previously published legal notices
• Documentation verifying circulation numbers
• Judicial decree of adjudication
• Current business license certificate
102
ATTACHMENT A
SUMMARY OF ORDINANCE NO. 1196
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOS BANOS, ADOPTING A MILITARY EQUIPMENT POLICY AND ADDING CHAPTER 12 TO TITLE 4 OF THE
LOS BANOS MUNICIPAL CODE TO ADOPT A MILITARY EQUIPMENT USE
ORDINANCE
On May 18, 2022 the Los Banos City Council introduced Ordinance No. 1196, which if adopted will adopt Policy 706 "Military Equipment" as detailed in the complete text of Ordinance No. 1196. A copy of the complete text of the Ordinance is on file with the City Clerk, at 520 J Street.
The purpose of this Ordinance is to ensure the Los Banos Police Department's compliance with California AB 481, which requires California law enforcement agencies to obtain approval of the law enforcement agency's governing body, by adoption of a military equipment use policy, as specified, by ordinance at a regular meeting prior to taking actions relating to the funding, acquisition, or use of military equipment. This Ordinance also requires approval for the continued use of military equipment acquired prior to January 1 , 2022. This Ordinance also allows the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified criteria. This Ordinance requires an annual Report to be made to the City Council for as long as the Military Equipment is available for use.
Adoption of this Ordinance will also approve Los Banos Police Department Policy 706 "Military Equipment" which has been posted to the department's website at https://losbanos.org/city-government/departments/police/ab481 / The City Council will consider adoption of this Ordinance at the regular City Council Meeting scheduled for June 1, 2022.
LUCILLE L MALLONEE, MMC
LOS BANOS CITY CLERK
7 103
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104
PUBLIC NOTICE
SUMMARY OF ORDINANCE NO. 1196
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF LOS BANOS,
ADOPTING A MILITARY EQUIPMENT
POLICY AND ADDING CHAPTER 12 TO
TITLE 4 OF THE LOS BANOS
MUNICIPAL CODE TO ADOPT A
MILITARY EQUIPMENT USE
ORDINANCE
On May 18, 2022 the Los Banos City
Council introduced Ordinance No. 1196,
which if adopted will adopt Policy 706
"Military Equipment• as detailed in the
complete text of Ordinance No. 1196. A
copy of the complete text of the
Ordinance is on file with the City Clerk, at
520J Street.
The purpose of this Ordinance is to
ensure the Los Banos Police
Department's compliance with California
AB 481, which requires California law
enforcement agencies to obtain
approval of the law enforcement
agency's governing body, by adoption of
a military equipment use policy, as
specified, by ordinance at a regular
meeting prior to taking actions relating
to the funding, acquisition, or use of
military equipment. This Ordinance also
requires approval for the continued use
of military equipment acquired prior to
January 1, 2022. This Ordinance also
allows the governing body to approve
the funding, acquisition, or use of
military equipment within its jurisdiction
only if it determines that the military
equipment meets specified criteria. This
Ordinance requires an annual Report to
be made to the City Council for as long
as the Military Equipment is available for
use.
Adoption of this Ordinance will also
approve Los Banos Police Department
Policy 706 "Military Equipment" which
has been posted to the department's
website at
https://losbanos.org/city-government/d
epartments/police/ab481/
The City Council will consider adoption
of this Ordinance at the regular City
Council Meeting scheduled for June 1,
2022.
LUCILLE L. MALLONEE, MMC
LOS BANOS CITY CLERK
105
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106
ATTACHMENT B
CITY OF LOS BANOS
AGREEMENT FOR PUBLICATION OF
LEGAL NOTICES / LEGAL ADVERTISEMENTS
THIS AGREEMENT, made and executed this _ day of __ 2024, by and between the City of Los Banos, hereinafter referred to as "City", and __ hereinafter referred to as "Newspaper", a newspaper of general circulation within the City of Los Banos.
RECITALS
Whereas, City is a general law city, formed and existing pursuant to the provisions of the California Government Code; and
Whereas, City released a Request for Proposals for Legal Notices/Legal Advertising on , 2024; and ---
Whereas, City now desires to enter into an agreement with Newspaper, a newspaper of general circulation within the City of Los Banos, to provide the publishing of legal notices/legal advertising.
AGREEMENT
NOW THEREFORE, it is agreed by and between the parties as follows:
I. The Request for Proposals, Proposal, and all amendments thereof, copies of which are attached hereto, are hereby incorporated in and made a part of this Agreement by reference, as though fully set forth herein and all of the foregoing shall constitute the Contract documents. If there is any conflict between the terms of these documents, the terms of this Agreement shall control and prevail.
2. The term of this Agreement shall be for a period beginning on the date of execution of this Agreement and ending June 30, 2025.
3. Newspaper agrees to perform the services set forth in the scope of work as specified in the Contract documents and in the manner specified therein.
4. City agrees to pay Newspaper the amount specified in the Contract documents and in the manner specified herein. Payment will be made on a calendar-month basis in arrears. The Newspaper shall submit all original invoicing with proof of publication/tearsheet to the requesting City department in order to authorize payment by City of Los Banos.
5. Time is of the essence of this Agreement.
8 107
6. Newspaper agrees that in the performance of this Agreement, Newspaper 1s an independent Contractor, not an employee, agent or officer of the City.
7. This Agreement shall be interpreted, construed and given effect in all respects according to the laws of the State of California.
8. Newspaper shall not assign this Agreement, or any part thereof, or any monies due or to become due thereunder without prior written consent of City.
9. Newspaper shall indemnify and hold harmless the City, and its officers and employees, from and against any and all claims, demands, suits, damage, injury and liability, including costs and expenses incurred in connection therewith, however caused, resulting from, arising out of, or in any way connected with the performance of the Agreement.
10. City may terminate the Agreement for convenience if in the best interests of City upon thirty (30) calendar days prior notice. In such event, Newspaper shall be paid for all services performed up to the date of tem1ination.
11. City and Newspaper agree that the law governing this Agreement shall be that of the State of California. Any suit brought by either party against the other arising out of the performance of or otherwise relating to this Agreement shall be filed and maintained in the Superior Court County of Merced.
12. 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 Newspaper in the event of breach, or the acceptance of or payment for any good hereunder, shall not release Newspaper of any of the warranties or obligations of this Agreement and shall not be deemed a waiver of any right of City to insist upon strict performance hereof.
13. All other notices, writings or correspondence as required by this Agreement shall be directed to City and Newspaper, respectively, as follows:
To City:
City of Los Banos
Attn: City Clerk
520 J Street
Los Banos, California 93635
209 827-7000
To Newspaper:
[Newspaper Name]
[Attn: _ _ ~l
[Address]
[Phone number]
9 108
14. No member, official or employee of City shall be personally liable to Newspaper or any successor in interest in the event of any default or breach by City or for any amount which may become due to Newspaper or successor on any obligation under this Agreement.
15. This Agreement contains the entire agreement of the parties with respect to the subject matter of this Agreement. Any modifications to this Agreement shall be in writing.
16. Newspaper covenants and declares that it has obtained all necessary approvals to bind Newspaper to this Agreement and that the representative signing the Agreement is authorized to do so.
17. Newspaper shall maintain a valid City of Los Banos business license during the term of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates set forth below.
Date: ------
Date: - ------
ATTEST:
Lucille L. Mallonee, MMC
City Clerk
APPROVED AS TO FORM:
William A. Vaughn
City Attorney
10 NEWSPAPER,
Name:
Title:
CITY OF LOS BANOS, a California
Municipal Corporation
Josh Pinheiro, City Manager
109
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110
NOTICE INVITING PROPOSALS
FOR ASSISTANT PUBLIC WORKS DIRECTOR/CITY ENGINEER
RECRUITMENT SERVICES
FOR THE CITY OF LOS BANOS
1. NOTICE IS HEREBY GIVEN that a Request for Proposal (RFP) is being issued for a qualified Executive Search Firm to assist the Public Works Director/City Engineer and City Manager in the selection of a new Assistant Public Works Director for the City of Los Banos. Proposals to be received by email only to the City Clerk/Human Resources Director by 5:00 PM, Monday, April 15, 2024.
2. OBTAINING RFP. RFPs may be obtained by downloading from the City's Website or by contacting:
Lucy Mallonee, MMC
Los Banos City Clerk/Human Resources Director
520 J Street
Los Banos CA 93635
(209) 827-2412
Email: [email protected]
City Website: www.losbanos.org
111
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112
Re: RFP Recruitment Services for Assistant Public Works Director Michelle Kendig <[email protected]>
Mon 4/1/2024 11:14 AM
To:Gene Lieb <[email protected]>;Saresa Shutes <[email protected]> Cc:Lucy Mallonee <[email protected]>
@ 1 attachments (15 KB)
colb proof.pdf;
I have attached the proof and cc'd Saresa and Lucy.
Total cost to run in the Westside Express April 3, 2024 is $40.00.
Thank you,
Michelle
MULTtMEOIA
113
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114
PUBLIC NOTICE
NOTICE INVITING PROPOSALS
FOR ASSISTANT PUBLIC WORKS
DIRECTOR/CITY ENGINEER
RECRUITMENT SERVICES
FOR THE CITY OF LOS BANOS
1. NOTICE IS HEREBY GIVEN that a
Request for Proposal (RFPJ is being
issued for aqualified Executive Search
Firm to assist the Public Works
Director/City Engineer and City Manager
in the selection of a new Assistant Public
Works Director for the City of Los Banos.
Proposals to be received by email only to
the City Clerk/Human Resources
Director by 5:00 PM, Monday, April 15,
2024.
2. OBTAINING RFP. RFPs may be
obtained by downloading from the City's
Website or by contacting:
Lucy Mallonee, MMC
Los Banos City Clerk/Human Resources
Director
520 J Street
Los Banos CA 93635
(209) 827-2412
Email: [email protected]
City Website: www.losbanos.org
April 3, 2024
WEX#24-061
115
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116
NOTICE OF PUBLIC HEARING ON INTENTION TO
ANNEX TERRITORY TO COMMUNITY FACILITIES
DISTRICT NO. 2002-01 (PUBLIC SAFETY
SERVICES) OF THE CITY OF
LOS BANOS AND TO LEVY TAXES THEREIN
NOTICE IS HEREBY GIVEN that the City Council of the City of Los Banos has adopted Resolution No. 6734 on February 21, 2024, declaring its intention to annex territory ("Annexation No. 12") to Community Facilities District No. 2002-01 of the City of Los Banos (the "District" or "Community Facilities District No. 2002- 01") pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "Act") and to levy special taxes within Annexation No. 12. Annexation No. 12 is proposed to have the boundaries depicted on the annexation map on file with the City Clerk. Resolution No. 6734 is referred to herein as the "Resolution of Intention." Capitalized terms not otherwise defined herein have the meanings set forth in the Resolution of Intention.
In the Resolution of Intention, the City Council has declared its intention to annex the territory within Annexation No. 12 to the District to levy special taxes within Annexation No. 12 for the purpose of financing certain public safety services and related expenses, including police protection services, fire protection and suppression services, and first responders basic life support services.
The Resolution of Intention establishes the rates and method of apportionment of special tax for each assessor's parcel within proposed Annexation No. 12. The Resolution of Intention proposes a maximum annual special tax for the Base Fiscal Year 2003-04 of $250 per Residential Unit of Single Family Residential Parcels, Multi-Family Residential Parcels, Duplex/Triplex Residential Parcels, Condominium/Townhouse Parcels, Mixed Use Parcels, Mobile Home Park Parcels and Non-Residential Use. The Maximum Annual Special Tax Rate will be escalated by a rate of not more than 4 percent annually thereafter, as determined by the Consumer Price Index. The Resolution of Intention proposes that the special taxes may be levied on property in Annexation No. 12 so long as required to pay (1) the administrative expenses of the District, (2) the costs and incidental expenses of providing the services described in the Resolution of Intention, and (3) for reasonably anticipated delinquent Special Taxes based on the delinquency rate for Special Taxes levied in the previous Fiscal Year. As proposed, th especial tax may be levied to pay directly for the costs of the services and incidental expenses. The foregoing is only a summary of the Resolution of Intention, which is on file with the City Clerk of the City Council. Any interested party for greater detail should refer to the full text of the Resolution of Intention.
Cl1Y OF LOS BANOS
PUBLIC HEARING
117
NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD ON April 3, 2024, ATTHEHOUROF6:00 P.M.,ORASSOONTHEREAFTERASSUCHMATTER
CAN BE HEARD, AT A REGULAR MEETING OF THE CITY COUNCIL TO BE HELD IN THE CITY COUNCIL CHAMBERS LOCATED AT 520 J STREET, LOS BANOS, CALIFORNIA93635,ATWHICHTIMETHECITYCOUNCILWILLHEARALLEVIDENCE
AND TESTIMONY BY ALL INTERESTED PERSONS, PROPERTY OWNERS, VOTERS AND TAXPAYERS FOR OR AGAINST (1) THE ANNEXATION OF THE TERRITORY WITHIN ANNEXATION N0.12TOTHE DISTRICT, (2) THE EXTENT OF ANNEXATION NO. 12, (3) THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION NO. 12, (4) THE FURNISHING OF THE SPECIFIED PUBLIC SERVICES, AND (5) ANY OTHER MATTERS AS SET FORTH IN THE RESOLUTION OF INTENTION.
ALL PERSONS INTERESTED, INCLUDING PROPERTY OWNERS,
TAXPAYERS AND REGISTERED VOTERS. MAY APPEAR AT THE HEARING AND
PRESENT EVIDENCE AND TESTIMONY ORALLY OR IN WRITING FOR OR AGAINST ITEMS (1) THROUGH (5) ABOVE. EACH INDIVIDUAL WISHING TO SPEAK WILL BE LIMITED TO A THREE MINUTE ORAL PRESENTATION. ANY PROTEST PERTAINING
TOTHEREGULARITYORSUFFICIENCYOFTHEPROCEEDINGSRELATINGTOTHE PROPOSED ISSUES DESCRIBED IN ITEMS (1) THROUGH (5) ABOVE MUST BE IN
WRITING AND SHALL CLEARLY STATE THE IRREGULARITIES OR DEFECTS TO
WHICH OBJECTION IS MADE, AND SHALL BE FILED WITH THE CITY CLERK ON OR BEFORE THE TIME SET FOR THE HEARING. IF THE OWNERS OF ONE-HALF (1/2) OR MORE OF THE AREA OF LAND WITHIN ANNEXATION N0.12 AND NOT EXEMPT FROM THE SPECIAL TAX FILE WRITTEN PROTESTS AGAINST ANY OF ITEMS (1) THROUGH (5) ABOVE, AND PROTESTS ARE NOT WITHDRAWN SO AS TO REDUCE
THE VALUE OF THE PROTESTS TO LESS THAN A MAJORITY, THE CITY COUNCIL
SHALL ABANDON THAT PORTION OF THE PROCEEDINGS PERTAINING TO SUCH ITEM(S) AND NO FURTHER PROCEEDINGS WITH RESPECT TO SUCH ITEM (5)
SHALL BE TAKEN FOR A PERIOD OF ONE YEAR FROM THE DATE OF THE DETERMINATION BY THE CITY COUNCIL. THE CITY COUNCIL MAY MODIFY THE
PROCEEDINGS IF SUCH MAJORITY PROTESTS ARE ONLY AGAINST A SPECIFIED ISSUE.
UNDER THE ACT, THE CITY COUNCIL MAY EITHER CONCLUDE THE PUBLIC HEARING ON APRIL 3, 2024, OR MAY CONTINUE THE PUBLIC HEARING TO A LATER DATE SO LONG AS THE PUBLIC HEARING ISCOMPLETEDWITHIN 30 DAYS.
IF THE CITY COUNCIL DETERMINES TO SUBMIT FOR A VOTE THE QUESTION OF LEVYING A SPECIAL TAX WITHIN ANNEXATION NO. 12, AN ELECTION WILL BE HELD WITHIN ANNEXATION NO. 12 OF COMMUNITY FACILITIES DISTRICT NO. 2002-01 TO APPROVE THE LEVY OF THE SPECIAL TAX. AT SUCH AN ELECTION, EACH LANDOWNER WITHIN ANNEXATION NO. 12 SHALL BE ENTITLED TO CAST
ONE VOTE FOR EACH ACRE OR PORTION THEREOF OWNED WITHIN
ANNEXATION NO. 12. FOR A PROPOSITION TO BE ADOPTED FOR ANNEXATION NO. 12. TWO-THIRDS OF THE VOTES CAST AT THE ELECTION WITHIN SUCH ANNEXATION NO. 12 MUST FAVOR PASSAGE.
PERSONS WISHING TO PROVIDE ORAL COMMENTS ON THE DESCRIBED
PROPOSAL MAY DO SO AT THIS MEETING OR MAY PROVIDE WRITTEN COMMENTS ON THIS MATTER PRIOR TO THE PUBLIC MEETING. WRITTEN COMMENTS MAY BE SENT BY U.S. MAIL OR HAND DELIEVERED TO THE CITY OF LOS BANOS CITY HALL AT 520 "J" STREET, LOS BANOS, CALIFORNIA 93635. IF NO 118
COMMENTS ARE RECEIVED PRIOR TO OR ON THE ABOVE DATE, IT WILL BE ASSUMED THAT NO COMMENTS ARE BEING OFFERED. THE PUBLIC IS ALSO
INFORMED THAT SHOULD THIS MATTER, AT SOME FUTURE DATE GOTO COURT,
COURT TESTIMONY IS LIMITED TO ONLY THOSE ISSUES RAISED AT THE HEARINGS PER GOVERNMENT CODE SECTION 65009.
1HE CITY OF LOS BANOS
Stacy Souza Elms
Community and Economic Development Director
119
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120
Re: Public Hearing Notice
Michelle Kendig <[email protected]>
Mon 3/25/2024 2:08 PM
To:Stacy Souza <[email protected]>;Legals Westside Express <[email protected]> Cc:Gene Lieb <[email protected]>
IDJ 1 attachments (23 KB)
colb proof.pdf;
I have attached a proof for your records,
Total cost to run in The Westside Express March 27, 2024 is $200.00.
Thank you,
Michelle
~-~; ':" ·!:::. ;-- H' l~HEL~ jf 111 ~DIG ---~ -~.., • ,. ,-..... Advf.'itWng Cocuduwlo~]tno~c: (209!845-40/L --~ .. :"'
.-...--.:;;. .... ~ .
121
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122
NOTICE OF PUBLIC HEARING ON
INTENTION TO
ANNEX TERRITORY TO COMMUNITY
FACILITIES
DISTRICT NO. 2002-01 (PUBLIC
SAFETY
SERVICES) OF THE CITY OF
LOS BANOS AND TO LEVY TAXES
THEREIN
NOTICE IS HEREBY GIVEN that the City
Council of the City of Los Banos has
adopted Resolution No. 6734 on
February 21, 2024, declaring its intention
to annex territory (•Annexation No. 12")
to Community Facilities District No.
2002-01 of the City of Los Banos (the
"District" or "Community Facilities
District No. 2002-01 ") pursuant to the
Mello-Roos Community Facilities Act of
1982, as amended (the • Act") and to levy
special taxes within Annexation No. 12.
Annexation No. 12 is proposed to have
the boundaries depicted on the
annexation map on file with the City
Clerk. Resolution No. 6734 is referred to
herein as the "Resolution of Intention.'
Capitalized terms not otherwise defined
herein have the meanings set forth in the
Resolution of Intention. In the Resolution
of Intention, the City Council has
declared its intention to annex the
territory within Annexation No. 12 to the
District to levy special taxes within
Annexation No. 12 for the purpose of
financing certain public safety services
and related expenses, including police
protection services, fire protection and
suppression services, and first
responders basic life support services.
The Resolution of Intention establishes
the rates and method of apportionment
of special tax for each assessor's parcel
within proposed Annexation No. 12. The
Resolution of Intention proposes a
maximum annual special tax for the Base
Fiscal Year 2003-04 of $250 per
Residential Unit of Single Family
Residential Parcels, Multi-Family
Residential Parcels, Duplex/Triplex
Residential Parcels,
Condominium/Townhouse Parcels,
Mixed Use Parcels, Mobile Home Park
Parcels and Non-Residential Use. The
Maximum Annual Special Tax Rate will
be escalated by a rate of not more than 4
percent annually thereafter, as
determined by the Consumer Price
Index. The Resolution of Intention
proposes that the special taxes may be
levied on property in Annexation No. 12
so long as required to pay (1) the
administrative expenses of the District,
(2) the costs and incidental expenses of
providing the services described in the
Resolution of Intention, and (3) for
reasonably anticipated delinquent
Special Taxes based on the delinquency
rate for Special Taxes levied in the
previous Fiscal Year. As proposed, the
special tax may be levied to pay directly
for the costs of the services and
incidental expenses. The foregoing is
only a summary of the Resolution of
Intention, which is on file with the City
Clerk of the City Council. Any interested
party for greater detail should refer to
the full text of the Resolution of
Intention.
CITY OF LOS BANOS
PUBLIC HEARING
NOTICE IS HEREBY GIVEN THAT A PUBLIC
123
HEARING WILL BE HELD ON April
3, 2024, AT THE HOUR OF 6:00 P.M., OR
AS SOON THEREAFTER AS SUCH MATTER
CAN BE HEARD, AT A REGULAR MEETING
OF THE CITY COUNCIL TO BE HELD IN
THE CITY COUNCIL CHAMBERS LOCATED
AT 520 J STREET, LOS BANOS,
CALIFORNIA 93635, AT WHICH TIME THE
CITY COUNCIL WILL HEAR ALL EVIDENCE
AND TESTIMONY BY All INTERESTED
PERSONS, PROPERTY OWNERS, VOTERS
AND TAXPAYERS FOR OR AGAINST (1)
THE ANNEXATION OF THE TERRITORY
WITHIN ANNEXATION N0.12 TO THE
DISTRICT, (2) THE EXTENT OF
ANNEXATION NO. 12, (3) THE LEVY OF A
SPECIAL TAX WITHIN ANNEXATION NO.
12, (4) THE FURNISHING OF THE
SPECIFIED PUBLIC SERVICES, AND (5)
ANY OTHER MA TIERS AS SET FORTH IN
THE RESOLUTION OF INTENTION.
ALL PERSONS INTERESTED, INCLUDING
PROPERTY OWNERS, TAXPAYERS AND
REGISTERED VOTERS. MAY APPEAR AT
THE HEARING AND PRESENT EVIDENCE
ANO TESTIMONY ORALLY OR IN WRITING
FOR OR AGAINST ITEMS (1) THROUGH (5)
ABOVE. EACH INDIVIDUAL WISHING TO
SPEAK Will BE LIMITED TO A THREE
MINUTE ORAL PRESENTATION. ANY
PROTEST PERTAINING TO THE
REGULARITY OR SUFFICIENCY OF THE
PROCEEDINGS RELATING TO THE
PROPOSED ISSUES DESCRIBED IN ITEMS
(1) THROUGH (5) ABOVE MUST BE IN
WRITING ANO SHALL CLEARLY STATE
THE IRREGULARITIES OR DEFECTS TO
WHICH OBJECTION IS MADE, ANO SHALL
BE FILED WITH THE CITY CLERK ON OR
BEFORE THE TIME SET FOR THE HEARING.
IF THE OWNERS OF ONE-HALF (1/2)
OR MORE OF THE AREA OF LAND WITHIN
ANNEXATION N0.12 AND NOTEXEMPT
FROM THE SPECIAL TAX FILE WRITTEN
PROTESTS AGAINST ANY OF ITEMS (1)
THROUGH (5) ABOVE, AND PROTESTS
ARE NOT WITHDRAWN SO AS TO
REDUCE THE VALUE OF THE PROTESTS
TO LESS THAN A MAJORITY, THE CITY
COUNCIL SHALL ABANDON THAT
PORTION OF THE PROCEEDINGS
PERTAINING TO SUCH ITEM(S) AND NO
FURTHER PROCEEDINGS WITH RESPECT
TO SUCH ITEM (S) SHALL BE TAKEN FOR
A PERIOD OF ONE YEAR FROM THE DATE
OF THE DETERMINATION BY THE CITY
COUNCIL. THE CITY COUNCIL MAY
MODIFY THEPROCEEDINGS IF SUCH
MAJORITY PROTESTS ARE ONLY
AGAINST A SPECIFIED ISSUE.
UNDER THE ACT, THE CITY COUNCIL
MAY EITHER CONCLUDE THE PUBLIC
HEARING ON APRIL 3, 2024, OR MAY
CONTINUE THE PUBLIC HEARING TO A
LATER DATE SO LONG AS THE PUBLIC
HEARING IS COMPLETED WITHIN 30
DAYS. IF THE CITY COUNCIL DETERMINES
TO SUBMIT FOR A VOTE THE QUESTION
OF LEVYING A SPECIAL TAX WITHIN
ANNEXATION NO. 12, AN ELECTION WILL
BE HELD WITHIN ANNEXATION NO. 12
OF COMMUNITY FACILITIES DISTRICT
NO. 2002-01 TO APPROVE THE LEVY OF
THE SPECIAL TAX. AT SUCH AN
ELECTION, EACH LANDOWNER WITHIN
ANNEXATION NO. 12 SHALL BE ENTITLED
TO CAST ONE VOTE FOR EACH ACRE OR
PORTION THEREOF OWNED WITHIN
ANNEXATION NO. 12. FOR A
PROPOSITION TO BE ADOPTED FOR
ANNEXATION N0.12. TWO-THIRDS OF
124
THE VOTES CAST AT THE ELECTION
WITHIN SUCH ANNEXATION NO. 12
MUST FAVOR PASSAGE. PERSONS
WISHING TO PROVIDE ORAL COMMENTS
ON THE DESCRIBED PROPOSAL MAY DO
SO AT THIS MEETING OR MAY PROVIDE
WRITTEN COMMENTS ON THIS MATTER
PRIOR TO THE PUBLIC MEETING.
WRITTEN COMMENTS MAY BE SENT BY
U.S. MAIL OR HAND DELIEVERED TO THE
CITY OF LOS BANOS CITY HALL AT 520
'J" STREET, LOS BANOS, CALIFORNIA
93635. IF NO COMMENTS ARE RECEIVED
PRIOR TO OR ON THE ABOVE DATE, IT
Will BE ASSUMED THAT NO COMMENTS
ARE BEING OFFERED. THE PUBLIC IS
ALSO INFORMED THAT SHOULD THIS
MATTER, AT SOME FUTURE DATE GO TO
COURT, COURTTESTIMONY IS LIMITED
TO ONLY THOSE ISSUES RAISED AT THE
HEARINGS PER GOVERNMENT CODE
SECTION 65009.
THE CITY OF LOS BANOS
Stacy Souza Elms
Community and Economic Development
Director
March 27, 2024
WEX-24-055
125
~ UNITED ST/JTES Statement of Ownership, Management, and Circulation IJil, POST/JLSERVICE® (All Periodicals Publications Except Requester Publications)
1. Publication Title 2. Publication Number
THE WESTSIDE EXPRESS I I 2 I 4
1-1 41 6 I 7 1
4. Issue Frequency 5. Number of Issues Published Annually WEEKLY 52
7. Complete Mailing Address of Known Office of Publication (Not printer) (Street, city, county, state, and ZIP+4®) 2066 Dante Ct.
Los Banos, Merced, CA 93635
8. Complete Mailing Address of Headquarters or General Business Office of Publisher (Not printer) 2066 Dante Ct.
Los Banos, CA 93635
9. Full Names and Complete Mailing Addresses of Publisher, Editor, and Managing Editor (Do not leave blank) Publisher (Name and complete mailing address)
Gene Lieb
PO Box 2422, Los Banos, CA 93635
Editor (Name and complete mailing address)
John Spevak
PO Box 2422, Los Banos, CA 93635
Managing Editor (Name and complete mailing address)
John Spevak
PO Box 2422, Los Banos, CA 93635
3. Filing Date
09/20/2023
6. Annual Subscription Price
$52.00
Contact Person
Gene Lieb
Telephone (Include area code)
(209) 704-3831
10. Owner (Do not leave blank. If the publication is owned by a corporation, give the name and address of the corporation immediately followed by the names and addresses of all stockholders owning or holding 1 percent or more of the total amount of stock. If not owned by a corporation, give the names and addresses of the individual owners. If owned by a partnership or other unincorporated firm, give its name and address as well as those of each individual owner. If the publication is published by a nonprofit organization, give its name and address.) Full Name Complete Mailing Address
Dos Palos Publishing Company PO Box 2422, Los Banos, CA 93635 11 . Known Bondholders, Mortgagees, and Other Security Holders Owning or Holding 1 Percent or More of Total Amount of Bonds, Mortgages, or Other Securities. If none, check box --------------------,~ [Z] None Full Name Complete Mailing Address
12. Tax Status (For completion by nonprofit organizations authorized to mail at nonprofit rates) {Check one) The purpose, function, and nonprofit status of this organization and the exempt status for federal income tax purposes:
D Has Not Changed During Preceding 12 Months
D Has Changed During Preceding 12 Months (Publisher must submit explanation of change with this statement) PS Form 3526, July 2014 [Page 1 of 4 (see instructions page 4)] PSN: 7530-01-000-9931 PRIVACY NOTICE: See our privacy policy on www.usps.com. 126
13. Publication Title 14. Issue Date for Circulation Data Below
THE WESTSIDE EXPRESS
09/21/2023
15. Extent and Nature of Circulation Average No. Copies No. Copies of Single Each Issue During Issue Published
Preceding 12 Months Nearest to Filing Date
a. Total Number of Copies (Net press run) 1313 1192
(1) Mailed Outside-County Paid Subscriptions Stated on PS Form 3541 (Include paid 115 95 distribution above nominal rate, advertiser's proof copies, and exchange copies) b. Paid
Circulation (2) Mailed In-County Paid Subscriptions Stated on PS Form 3541 (Include paid 623 515 (By Mail distribution above nominal rate, advertiser's proof copies, and exchange copies) and
Outside Paid Distribution Outside the Mails Including Sales Through Dealers and Carriers, the Mail) (3) Street Vendors, Counter Sales, and Other Paid Distribution Outside USPS® 413 413 (4) Paid Distribution by Other Classes of Mail Through the USPS (e.g., First-Class Mail®) 0 0
c. Total Paid Distribution [Sum of 15b (1), (2), (3), and (4)) ► 1151 1023 d. Free or (1) Free or Nominal Rate Outside-County Copies included on PS Form 3541 0 0 Nominal Rate
Distribution (2) Free or Nominal Rate In-County Copies Included on PS Form 3541 0 0 (By Mail
and Free or Nominal Rate Copies Mailed at Other Classes Through the USPS Outside (3) 0 0 the Mail) (e.g., First-Class Mail)
(4) Free or Nominal Rate Distribution Outside the Mail (Carriers or other means) 37 37 e. Total Free or Nominal Rate Distribution (Sum of 15d (1), (2), (3) and (4)) 37 37 f. Total Distribution (Sum of 15c and 15e) ► 1188 1067
g. Copies not Distributed (See Instructions to Publishers #4 (page #3)) ► 125 125 h. Total (Sum of 15f and g) 1313 1192
i. Percent Paid
(15c divided by 15ftimes 100) ► 87.6 95.8
• If you are claiming electronic copies, go to line 16 on page 3. If you are not claiming electronic copies, skip to line 17 on page 3.
PS Form 3526, July 2014 (Page 2 of 4)
127
;;;;;;:'!f!I UNITEDST/J.TES Statement of Ownership, Management, and Circulation IJii, POST/JLSERVICE® (All Periodicals Publications Except Requester Publications)
16. Electronic Copy Circulation Average No. Copies No. Copies of Single Each Issue During Issue Published
Preceding 12 Months Nearest to Filing Date
a. Paid Electronic Copies ► 0 0
b. Total Paid Print Copies (Line 15c) + Paid Electronic Copies (Line 16a) ► 1151 1023 c. Total Print Distribution (Line 15f) + Paid Electronic Copies (Line 16a) ► 1188 1067 d. Percent Paid (Both Print & Electronic Copies) (16b divided by 16c x 100) ► 96.8 95.8 [Z) I certify that 50% of all my distributed copies (electronic and print) are paid above a nominal price.
17. Publication of Statement of Ownership
[Z)1f the publication is a general publication, publication of this statement is required . Will be printed D Publication not required . in the 10/4/23 issue of this publication.
18. Signature and Title of Editor, Publisher, Business Manager, or Owner Date Gene Lieb, Publisher 09/20/2023
I certify that all information furnished on this form is true and complete. I understand that anyone who furnishes false or misleading information on this form or who omits material or information requested on the form may be subject to criminal sanctions (including fines and imprisonment) and/or civil sanctions (including civil penalties).
PS Form 3526, July 2014 (Page 3 of 4) PRIVACY NOTICE: See our privacy policy on www.usps.com. 128
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Alfred L. Whitehurst #116561
LAW OFFICES
LINNEMAN, BURGESS, TELLES,
VAN A-i"TA & VIERRA
P.O. Box 156
Dos Palos, California 93620
Telephone ( 2 o 9) 3 9_2-_2 J.41 •
Attorneys for Petitioner
FILED f...(Cr,.rr.~n ~,.,,,1 .. ,..,,
'i .... '· ··(SPACE-'BElOU FDR FILING STAMP ONLY)
99 JAN 20 AH 8: 56
~~,R~: or ·r i:~ sui:rnRO~A'fKARIA RODRiGUEZ
DY • •• •
D£PIJTY •
SUPERIOR COURT OF THE CALIFORNIA, COUNTY OF MERCED
In the Matter of the Petition
of BRUCE PANKRATZ to Have the
stan~in~ of the Dos Palos sun
as a Newspaper of General
Circulation Ascertained and
Established
case No.: 142753
JUDGMENT ASCERTAXNING THE
00S PALOS SUN- AS A
NEWSPAPER OF GENERAL ••
CIR~~~~~;~~M.N 2 0 1998.:·
• :; : /n.,Book 'ff-/ Page~
: JUDGMENTS
The verified petition of BRUCE PANKRATZ to have the standing of THE DOS PALOS SUN ascertained and established as a newspaper of general circulation, as defined in 'section 6008 of the Government Code, came on regularly for hearing on January 20, 1999, at 8:15 a.m. in Department 2 of the above-entitled court the Honorable - ·-< . .- I•' t.e '."',l"l.f • r"...J..I !:tt,·'"""' r -·~~1'.:~ ~ .. ,v uT1 ,-.,:: 11 ' presiding.
No opposition having been presen_ted, the matter was deemed to be submitted on the pleadings, on the· basis of which the court . \ found as follows:
1. The petition and notice of intention of petitioner to apply to·t~e court on a named day for an order declaring THE DOS PALOS SUN to be a newspaper of general circulation was duly published pursuant to Section 6062 of the government Code, proof of such publication was duly made, and the court set the petition for l
129
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18 hearing, as required by sections 6021 and 6022 of the Government code.
2 . THE DOS PALOS SUN is a newspaper of .. general circulation, published for the dissemination of local news and intelligence of a general character, in the City of Dos Palos~ counties of Merced and Fresno, State of California.
3: The petitioning newspaper has~ a bona· fide subscription list of paying subscribers numbering 1,000, and an average weekly circulation of 1,000 newspapers, within the City of Dos Palos, and the immediate surrounding area, within the Counties of Merced, and Fresno, State of California.
4. For more than three years preceding the filing of the petition, the newspaper has been established under the name of THE DOS PALOS SUN and has been so established and published; that is, issued and sold or distributed at reg~~ar intervals of not less . ·, than weekly within the City of Dos Palos, within the Counties -of Merced and Fresno, State of California.
5. During each year of such three-year period, the newspaper 19 -has maintained a minimum coverage of local news and intelligence of 20 a general character of not less than 25 percent (25%) of its total 21 inches; further, the said newspaper has had only one principal 22 office of publication, that office being located in the city of Dos 23 Palos, Cbunty of Merced.
24 WHEREFORE, IT IS ORDERED, ADJUDGED.,: AND DECREED that THE DOS I •1 25 PALOS SUN is a newspaper of general t?::irculation, as defined in 26 section 6008 of the Government Code, for the counties of Merced and 27 //////
28 /////
1.JNNEMAN, BURGESS, TELLES, V.AN ATTA & VIERRA ATTO-ET■ AT LAW Doa PAI.OS, CAUFORHIA 2
130
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Fresno, state of California
. .
Dated:
JAN 2 0 1999
, FRA.NK DOUGHERTY
JUDGE .OF THE -SUPERIOR COURT,
COUNTY OF·"lmRCED
..
'
LINNEMAN. BURGESS, TELLES, V~ ATTA & VIERRA ATTORNEY• AT 1,AW Doa PALO•, CALIP'ORffU.
3 131
THIS PAGE IS INTENTIONALLY LEFT BLANK
132
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS AWARDING CONTRACT
FOR PUBLICATION OF LEGAL NOTICES/LEGAL
ADVERTISEMENTS FOR FISCAL YEAR ENDING
JUNE 30, 2025 AND AUTHORIZING AND
DIRECTING THE CITY MANAGER TO EXECUTE
AGREEMENT
WHEREAS, a Request for Proposals for Legal Notices, Classified and Display Advertising Services was issued on April 18, 2024; and
WHEREAS, one (1) sufficient proposal was received: The Westside Express; and WHEREAS, the City Council has considered the proposal for Publication of Legal Notices/Legal Advertisements the City of Los Banos for the fiscal year ending June 30, 2025.
NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Los Banos hereby approves the request as follows:
1 . The proposal of The Westside Express for Publication of Legal Notices/Legal Advertisements for the City of Los Banos for fiscal year ending June 30, 2025, is hereby accepted.
2. That the City Manager be and is hereby authorized and directed to execute agreements for both the Merced Sun Star and the Westside Express in the form presented herewith for and on behalf of the City.
The foregoing Resolution was adopted at a regular meeting of the City Council of the City of Los Banos held on the 5th day of June 2024, by City Council Member_, who moved its adoption, which motion was duly seconded by City Council Member_, and the Resolution was adopted by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
133
Paul Llanez, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
134
LOs Banos
t tht Cwssmacls of alUi>rnia
Agenda Staff Report
TO:
FROM:
Mayor & City Council Members
Lucy Mallonee, MMC ._Om
City Clerk/Human Resources Director
DATE: June 5, 2024
SUBJECT: November 5, 2024 City of Los Banos Municipal Election TYPE OF REPORT: Consent Agenda
Recommendation:
That the City Council consider adoption of a resolution calling and giving notice of the November 5, 2024 City of Los Banos Municipal Election; and a resolution requesting that the Merced County Board of Supervisors consolidate the local City of Los Banos Municipal Election with the Statewide Presidential General Election on November 5, 2024.
Discussion:
The City of Los Banos conducts elections for City offices on even-numbered years. The Statewide Presidential General Election will be held on Tuesday, November 5, 2024. It has been the practice that the City's election be consolidated, through the services of the Merced County Elections Office, with the Statewide Presidential General Election.
This year the following City of Los Banos officers are up for election:
Mayor "at-large" for a full term of two (2) years
Council Member for District 1 for a full term of four ( 4) years Council Member for District 4 for a full term of four ( 4) years City Treasurer "at-large" for an unexpired term of two (2) years 135
Fiscal Impact:
Funding in the amount of $40,000 is in the 2024-2025 Fiscal Year Budget to pay for Merced County Election services and other related election expenses.
Reviewed by:
Vanessa Portillo, Finance Director
Attachment:
Resolutions
136
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS CALLING AND GIVING
NOTICE OF THE HOLDING OF A GENERAL
MUNICIPAL ELECTION TO BE HELD ON
TUESDAY, NOVEMBER 5, 2024, FOR THE
ELECTION OF CERTAIN OFFICERS AS
REQUIRED BY THE PROVISIONS OF THE LAWS
OF THE STATE OF CALIFORNIA
WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a General Municipal Election shall be held on Tuesday, November 5, 2024, for the election of Municipal Officers; and
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Los Banos does hereby resolve, declare, determine and order as follows:
SECTION 1. That pursuant to the requirements of the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the City of Los Banos, California, on Tuesday, November 5, 2024, a General Municipal Election for the purpose of electing a:
Mayor "at-large" for a full term of two (2) years
Council Member for District 1 for a full term of four ( 4) years Council Member for District 4 for a full term of four ( 4) years City Treasurer "at-large" for an unexpired term of two (2) years SECTION 2. That the ballots to be used at the election shall be in form and content as required by law.
SECTION 3. That the City Clerk is authorized, instructed, and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment, and paraphernalia that may be necessary in order to properly and lawfully conduct the election.
SECTION 4. That the polls for the election shall be open at seven o'clock a.m. on the day of the election and shall remain open continuously from that time until eight o'clock p.m. the same day when the polls shall be closed, except as provided in Section 14401 of the Elections Code of the State of California. 137
SECTION 5. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.
SECTION 6. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed, and directed to give further or additional notice of the election, in time, form, and manner as required by law.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 5th day of June 2024, by Council Member_ who moved its adoption, which motion was duly seconded by Council Member_ and the Resolution adopted by the following vote:
A YES: Council Members
NOES:
ABSENT:
APPROVED:
Paul Llanez, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
138
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS REQUESTING THAT THE
BOARD OF SUPERVISORS OF THE COUNTY OF
MERCED CONSOLIDATE A GENERAL
MUNICIPAL ELECTION TO BE HELD ON
TUESDAY, NOVEMBER 5, 2024, WITH THE
CALIFORNIA STATEWIDE PRESIDENTIAL
GENERAL ELECTION TO BE HELD ON THE
DATE PURSUANT TO SECTION 10403 OF THE
ELECTION CODE
WHEREAS, the City Council of the City of Los Banos called a General Municipal Election to be held on Tuesday, November 5, 2024, for the purpose of the election of:
Mayor "at-large" for a full term of two (2) years
Council Member for District 1 for a full term of four ( 4) years Council Member for District 4 for a full term of four (4) years City Treasurer "at-large" for an unexpired term of two (2) years WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide Presidential General Election to be held on the same date and that within the City the precincts, polling places and election officers of the two elections be the same, and that the County Elections Department of the County of Merced canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election; and
WHEREAS, the County of Merced shall comply with all provisions of the Voting Rights Act; and
WHEREAS, Candidate Statements, if submitted, are to be paid for by the Candidate.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Los Banos does hereby resolve, declare, determine and order as follows:
SECTION 1. That pursuant to the requirements of Section 10403 of the Election Code, the Board of Supervisors of the County of Merced is hereby requested to consent and agree to the consolidation of a General Municipal Election with the California Statewide Presidential Election on Tuesday, November 5, 2024, for the purpose of the election of:
139
Mayor "at-large" for a full term of two (2) years
Council Member for District 1 for a full term of four ( 4) years Council Member for District 4 for a full term of four ( 4) years City Treasurer "at-large" for an unexpired term of two (2) years SECTION 2. That pursuant to Los Banos Municipal Code (LBMC) 2-1.1-2 (6) (b) Council Members shall be elected in Council District 1 and Council District 4 beginning at the General Municipal Election in 2016 and every four (4) years thereafter. A certified map showing these districts is attached hereto as Exhibit A and described in further detail in Resolution No. 6460 hereto attached as Exhibit B and incorporated by this reference.
SECTION 3. That the Merced County Elections Department is authorized to canvass the returns of the General Municipal Election. The selection shall be held in all respects as if there were only one election, and only one form of ballot shall be used.
SECTION 4. That the Merced County Board of Supervisors is requested to issue instructions to the Merced County Elections Department to take any and all steps necessary for the holding of the consolidated election.
SECTION 5. That the City of Los Banos recognizes that additional costs will be incurred by Merced County by reason of this consolidation and agrees to reimburse Merced County for such costs.
SECTION 6. That the City Clerk of the City of Los Banos is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the County Election Department of the County of Merced.
SECTION 7. That the City Clerk of the City of Los Banos shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 5th day of June 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:
ATTEST:
Lucille L. Mallonee, City Clerk
140
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Los Banos
Redistricting 2021
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EXHIBIT B
RESOLUTION NO. 6460
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS, CALIFORNIA, ADJUSTING
THE BOUNDARIES OF THE CITY COUNCIL
DISTRICTS IN ACCORDANCE WITH CALIFORNIA
ELECTIONS CODE §§ 21601-21609 AND
MUNICIPAL CODE§ 2-2.102(c)
WHEREAS, in November 2014 the voters of the City of Los Banos adopted Measure S, approving the change of the City's electoral system from an at-large to a "bydistrict" electoral system with a separately elected mayor; and WHEREAS, the districts adopted thereby were used at the 2016, 2018, and 2020 elections; and
WHEREAS, California Elections Code§ 21601 requires each city that uses bydistrict elections to readjust those district boundaries in the year following the release of a new Census, to ensure compliance with constitutional equal population requirements; and
WHEREAS, the existing council districts have a "total deviation" of population between the districts of 17.86% based on the 2020 Census; and WHEREAS, the United States Supreme Court has held that a "total deviation" exceeding 10% is presumptively unconstitutional; and
WHEREAS, state law has incorporated that standard; and
WHEREAS, changes in the Council districts are therefore required to bring the districts back into balance; and
WHEREAS, the City has retained experienced legal counsel, and an experienced redistricting/demographic consulting firm, National Demographics Corporation, to advise it on the process of preparing a trustee area plan; and WHEREAS, on February 3, 2021, the City Council received a presentation from the City's retained special voting rights counsel regarding the redistricting process and the legal and policy criteria governing redistricting; and WHEREAS, on June 16, 2021, the Council approved a detailed timeline and work plan for the redistricting process; and
WHEREAS, the City has maintained a detailed redistricting website as required by law, redistrictlosbanos.org; and
WHEREAS, the City has provided notices and other materials in Spanish, and has provided translation services upon request, as required by law; and WHEREAS, the City has engaged in good-faith public outreach to community groups and other interested parties as required by law; and WHEREAS, the City made available to the public paper and online mapping tools to permit them to submit draft maps if so desired; and
WHEREAS, on July 21, 2021, the Council conducted a duly noticed public hearing at its regular council meeting to receive public testimony regarding the composition of the districts; and
WHEREAS, the Census Bureau belatedly released the 2020 redistricting data files on August 12, 2021; and
143
WHEREAS, on August 18, 2021, the Council conducted a second duly noticed public hearing at its regular council meetings to receive public testimony regarding the composition of the districts; and
WHEREAS, the California Statewide Database released an "adjusted" version of the Census redistricting data on September 21, 2021, as required by law, and a corrected version of those adjusted data on September 27, 2021; and WHEREAS, on December 15, 2021, the City's demographic consultant presented an initial set of two draft council district plans (Draft A and Draft B), prepared according to the criteria set forth in state law; and
WHEREAS, following the demographic consultant's presentation the Council conducted a third duly-noticed public hearing regarding the draft maps, after which it requested to see an additional map that made changes to Draft A to even out the border between Districts 1 and 2, if possible; and
WHEREAS, on February 2, 2022, the City's demographic consultant presented the initial set of two draft council district plans (Draft A and Draft B) plus an additional draft map as requested by the Council (Draft A2); and
WHEREAS, following the demographic consultant's presentation the Council conducted a fourth duly-noticed public hearing regarding the draft maps; and WHEREAS, the Council has considered all public comments on the proposed council district plans; and
WHEREAS, the populations in the proposed districts of Drafts A and B are substantially equal in compliance with legal requirements but the proposed districts of Draft A2 are not; and
WHEREAS, Section 2 of the Voting Rights Act, 52 U.S.C. § 10301, prohibits the use of any voting qualification, or prerequisite to voting, or standard, practice, or procedure in a manner which results in a denial or abridgement of the right of any citizen of the United States to vote on account of race or color, and Drafts A and B comply with section 2 of the Voting Rights Act; and
WHEREAS, each Drafts A and B are drawn is geographically contiguous; and WHEREAS, each of Drafts A and B seek to minimize the division of communities of interest and neighborhoods to the extent possible; and WHEREAS, each of Drafts A and B uses easily understandable boundaries, like streets, natural and artificial barriers, and the boundaries of the City, to the extent possible; and
WHEREAS, each of Drafts A and B is drawn to encourage geographical compactness to the extent practicable; and
WHEREAS, the Council believes that the districts contained in proposed Draft B, incorporated herein, best reflect these criteria and best serve the interests of the City and the public at large;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LOS BANOS DOES HEREBY RESOLVE, DECLARE, AND DETERMINE AS FOLLOWS:
SECTION 1. All of the recitals set forth above are true and correct, and the District Governing Board so finds and determines.
SECTION 2. Pursuant to California Elections Code section 21601 and Municipal Code§ 2-2.102(c), the City Council prefers the district boundaries in proposed Draft 8, attached hereto as Exhibit "A" and incorporated herein by this reference: believes that its adoption would be serve the public interest of the City's residents and voters; and by this 2 144
resolution hereby adopts the district boundaries in that Draft for use at the City's November 2022 election and subsequent elections until a further re-alignment is required pursuant to Elections Code § 21601 and fl.!lunicipal Code § 2-2.102(c), following the release of the 2030 Census.
SECTION 3. That the City Manager and/or his designee shall take all actions necessary to notify the Merced County Registrar's Office of the Council's determination forthwith and provide whatever assistance may be required by the Registrar's Office to implement the new lines.
SECTION 4. Because the new district plan may contain technical anomalies caused by errors in the 2020 Census line files that do not substantively affect the populations in the districts, the district boundaries, or the intent of this resolution, which anomalies are not revealed until implementation begins, the City Manager and/or her designee is authorized to make technical emendations to the new plan that do not substantively affect the populations in the districts, the district boundaries, or the intent of this resolution, and shall advise the Council of any such emendations that are found to be required in plan implementation by the County Registrar's Office.
SECTION 5. The City Manager shall consult with legal counsel to resolve any legal issues necessary to give effect to this Resolution.
SECTION 6. To the extent that the terms and provisions of this Resolution may be inconsistent or in conflict with the terms or conditions of any prior City ordinance, motion, resolution, rule or regulation governing the same subject, the terms of this Resolution shall prevail with respect to the subject matter thereof.
SECTION 7. In interpreting this Resolution or resolving any ambiguity, this Resolution shall be interpreted in a manner that effectively accomplishes its stated purposes.
SECTION 8. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Resolution, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council of the City of Los Banos hereby declares that it would have adopted this Resolution, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that anyone or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 9. The City Clerk is directed to cause a copy of this Resolution to be published in the official newspaper at least once within fifteen (15) days after its approval by the Council.
The foregoing resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 2nd day of February 2022, by Council Member Lewis who moved for its adoption, which motion was duly seconded by Council Member Llamas, and the Resolution was adopted by the following vote:
AYES:
NOES:
ABSENT:
ATTEST:
Council Members Jones, Lambert, Lewis, Llamas, Mayor Faria None
None
APPROVED:
~--~~-~ Lucille L. Mallonee, City Clerk
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Exhibit A to Resolution No. 6460
{Map of City Council Districts - 2020 Census)
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LOsBanos
lifi n ;
Agenda Staff Report
TO: Mayor Llanez and City Council Members
FROM: Stacy Souza Elms, Community and Economic Development Director~ DATE: June 5, 2024
TYPE OF REPORT: Agenda Item
SUBJECT: Consideration Authorizing the City Manager to Sign a Petition and an Assessment Ballot Regarding City Properties for the Renewal of the Los Banos Downtown Property and Business Improvement District Recommendation:
That the City Council takes the following actions:
1. Authorize the City Manager to sign a petition in support of renewing the district, and upon receipt of the assessment ballot, to complete and sign the assessment ballot in favor of the Los Banos Downtown Property and Business Improvement District (LBDPBID) and the annual assessment against the parcel(s) as identified on the assessment ballot.
Note: If authorized by the City Council, and prior to Council adoption of the Resolution of Intention, the City Manager must sign the petition and hand the petition to the City Clerk who will verify that the 50% threshold of petitioned property owners required by law to initiate the Property and Business Improvement District has been met.
2. Adopt a Resolution of Intention of the City Council of the City of Los Banos to renew the Los Banos Downtown Property and Business Improvement District. 1 151
Background:
The Los Banos Downtown PBID is being proposed for renewal pursuant to State law; the "Property and Business Improvement District Law of 1994," and is a flexible financing tool for creating private-sector, self-governed management districts. The LBDPBID was developed by a coalition of property and business owners to improve and convey special benefits to properties within the core business district of Downtown Los Banos. The LBDPBID is a benefit assessment district whose main goal is to provide improvements and activities which constitute and convey a special benefit to assessed parcels. This approach has been used successfully in other cities throughout the country to provide special benefits to property owners, namely increased sales, attraction of new tenants, increased occupancies, and specifically increased property values.
The LBDPBID was established in 2020 for an initial five (5) year, expiring December 31, 2024. The Los Banos Downtown Association and property owners now wish to renew the LBDPBID for an additional ten (10) year term beginning January 1, 2025 to December 31, 2034, as provided under the law.
Discussion:
To initiate the renewal process, a Management District Plan (Attachment 1) has been prepared that includes the boundary map, a service plan, assessment methodology, proposed means of governance, and an Engineer's Report.
Petitions signed by property owners representing greater than 50% of the district assessment budget must be received by the City prior to initiating a ballot procedure to officially establish the LBDPBID. Written petitions were distributed to property owners of record on March 25, 2024, along with Management District Plan summary describing the district boundary, assessment, and services of the PBID. Petitions in support of the district renewal have been submitted by 21 property owners representing 34.17% of the total proposed assessment.
Because the City also owns property within the district boundary that will be subject to assessment, it has also received a petition (Exhibit B). The City Council is being asked to consider authorizing the City Manager to sign the petition and to complete and sign the assessment ballot upon its receipt. The City's assessment share ($29,295.00) represents an additional 16.64% of the total assessment. With the City's support, the legal requirement to receive submission of petitions in support of the PBID from property owners representing more than 50% of the assessments to be paid will be met.
The proposed LBDPBID renewal will have a ten (10) year term beginning January 1, 2025 and ending December 31, 2034. Near the end of the term, the petition, ballot, and City Council hearing process must be repeated for the LBDPBID to be renewed.
The assessment will be collected by the County on an annual basis from each assessed property owner, and forwarded to the City. The City shall forward the assessments to the 2 152
Los Banos Downtown Property Owners Association which will have the responsibility of managing LBDPBID programs as provided in the Management District Plan.
Annual assessments are based upon an allocation of program costs and a calculation of parcel square footage, first
DISTRICT FORMATION PROCESS
June 5, 2024
June 23, 2024
August 7, 2024
RESOLUTION OF INTENTION
Upon the submission of a written petition, signed by the property owners in the proposed district who will pay more than fifty percent (50%) of the assessments proposed to be levied, the City Council may initiate proceedings to renew a district by the adoption of a resolution expressing its intention to renew the district.
Note: The petition and Resolution of Intention do not formally establish the PBID. A public hearing must be conducted and ballots must be tabulated to determine whether there is a majority protest against the assessment.
NOTICE & PROPOSITION 218 BALLOT
The Property and Business Improvement District Law of 1994 and Proposition 218 require the City mail written notice and assessment ballots to the owners of all property proposed to be assessed within the LBDPBID. Mailing the notice and assessment ballot begins a mandatory forty-five (45) day period in which owners may cast ballots.
FINAL PUBLIC HEARING
Council will open a public hearing and receive public testimony. At the end of testimony, Council will close the public hearing and direct tabulation of assessment ballots submitted and not withdrawn to determine whether there is a majority protest against the assessment. A majority protest exists if the ballots in opposition to the proposed assessment exceed the ballots in support of the proposed assessment, weighted by the amount each owner will pay.
If there is no majority protest, Council may adopt a resolution declaring the results of the majority protest proceedings and renewing the LBDPBID.
A notice will be published in the local newspaper announcing the Public Hearing set for August 7, 2024, no later than 10 days or more than 25 days prior to the public hearing. 3 153
Fiscal Impact:
Article XIID of the California State Constitution (Proposition 218) states that no parcel is exempt from assessments if that parcel receives benefit from the improvements and activities, which includes government and public use parcels. The City of Los Banos and any other government owned parcels within the LBDPBID boundary will pay their assessment based on the special benefits conferred to those parcels.
The proposed LBDPBID will have a ten-year (10) term. The annual assessment for Cityowned property within the proposed district for Fiscal Year 2024-2025 is $29,295.00. If the Council authorizes participation in the PBID and adopts the Resolution of Intention to renew the PBID the assessment expense would continue in FY 2024-2025, which was allocated in the FY 2024-2025 budget in anticipation of the PBID renewal.
Annual assessments may increase no more than three percent (3%) per year, consistent with the increase in consumer price index (CPI) and increases in program costs. The determination of annual adjustments in assessment rates will be subject to the review and approval of the PBID Owners' Association Board of Directors. When established the Board will represent a cross section of property owners but will also include businesses, government and others paying the PBID assessment.
Reviewed by:
Jos
Attachments:
Vanessa Portillo, Finance Director
1. LBDPBID Management District Plan and Engineer's Report
2. Resolution authorizing City Manager to sign petition and assessment ballot Exhibit A: Petition & Management District Plan Summary
Exhibit B: Draft Ballot
3. Summary - Signed Petitions
4. Resolution of Intention
4 154
LOS BANOS DOWNTOWN PROPERTY AND
BUSINESS IMPROVEMENT DISTRICT
MANAGEMENT DISTRICT PLAN AND ENGINEER'S REPORT
155
Contents
I. Overview .................................................................................................................................................... 3 II. Background ................................ ........................................ ................................. ............. ......................... 5 III. Accomplishments ............................................................................ ........................................................ 6 IV. Boundaries ................................................................................................................................................. 7 V. Service Plan & Budget .. .. ........................ ............ ............................ ........................................................ 8 VI. Assessment Rate ..................................................................................................................................... 12 VII. Governance ............................................................................................................................................. 13 VIII. Engineer's Report ........................... ....................................................................................................... 14 Appendix 1 - Maximum Annual Assessment Rates ........................................................................................... 25 Appendix 2 - PBID Law ........ ............................................................................. ................................................. .... 26 Appendix 3 - Map ..................................................................................................................................................... 38 Appendix 4 - Parcel Assessment Calculation ...................................................................................................... 39 Appendix 5-Total Estimated Maximum Cost Oflmprovements And Activities ..................................... 42 Prepared by Civitas
• • • CIVITAS
PARTNERSHIPS • PROGRESS • PROSPERITY
www.civitasadvisors.com
(800)999-7781
156
I. OVERVIEW
Developed by a growing coalition of property owners, the Los Banos Downtown Property and Business Improvement District (LBDPBID) is a benefit assessment district whose main goal is to provide improvements, maintenance, and activities which constitute and convey a special benefit to assessed parcels. This approach has been used successfully in other cities throughout the country to provide special benefits to property owners, namely increased sales, attraction of new tenants, increased occupancies, and specifically increased property values. The LBDPBID was created in 2020 for an initial five (5) year term.
The Los Banos Downtown Association and property owners now wish to renew the LBDPBID for an additional ten (10) year term. As required by state law, property owners have created this Management District Plan (Plan) to renew the LBDPBID.
Location:
Purpose:
Budget:
Cost:
Renewal:
Duration:
The LBDPBID generally includes parcels in the downtown area of the City of Los Banos, bound by the southern boundaries of K Street, the western boundaries of 5th Street, the northern boundaries of I Street and the eastern boundaries of 7th Street. It also includes parcels facing south west between 5th Street and 7th Street. A detailed map can be found in Section IV.
The purpose of the LBDPBID is to provide improvements, maintenance, and activities which constitute and convey a special benefit to assessed parcels. The LBDPBID will provide maintenance & general security and marketing & placemaking programs directly and only to assessed parcels within its boundaries.
The LBDPBID annual assessment budget for the initial year of its ten (10) year operation is anticipated to be $176,047.76. The annual assessment budget may be subject to an increase in assessment rates of no more than three percent (3%) per year. The assessment funds will be supplemented by non-assessment funds (such as grants and event income), so that the total budget for the initial year is estimated at $184,852.01. The amount of non-assessment funds is the minimum amount necessary to pay for the general benefit provided by LBDPBID programs. Further detail on the separation of special and general benefit is provided in Section VIII.
The initial assessment rate ( cost to the parcel owner) to commercial and government parcels is $0.31 per parcel square foot. Parcels zoned exclusively for single-family residential purposes with four ( 4) units or less will not be assessed. Assessment rates may be subject to an increase of no more than three percent (3%) per year.
LBDPBID renewal requires submittal of petitions from property owners representing more than fifty percent (50%) of the total assessment. The "Right to Vote on Taxes Act'' (also known as Proposition 218) requires a ballot vote in which more than fifty percent (50%) of the ballots received, weighted by assessment, be in support of the LBDPBID.
The LBDPBID will have a ten (10)-year-life, beginning January 1, 2025, or as soon as possible thereafter, and ending ten (10) years from the start date. Near the end of the term, the petition, ballot, and City Council hearing process must be repeated for the LBDPBID to be renewed.
Los Banos Downtown PBID Management District Plan
March 19, 2024 Page3
157
Management: The Los Banos Downtown Association (LBDA) will continue to serve as the Owners' Association for the LBDPBID.
Los Banos Downtown PBID Management District Plan
March 19, 2024 Page4
158
II. BACKGROUND
The International Downtown Association estimates that more than 2,500 Property and Business Improvement Districts (PBIDs) currently operate throughout North America. PBIDs are a time-tested tool for property owners who wish to come together and obtain collective services which benefit their properties.
PBIDs provide supplemental services in addition to those provided by local government. They may also finance physical and capital improvements. These improvements and activities are concentrated within a distinct geographic area and are funded by a special parcel assessment. Services and improvements are only provided to those who pay the assessment.
Although funds are collected by the local government, they are then directed to a private nonprofit. The nonprofit implements services and provides day-to-day oversight. The nonprofit is managed by a Board of Directors representing those who pay the assessment, to help ensure the services meet the needs of property owners and are responsive to changing conditions within the PBID.
PB IDs all over the globe have been proven to work by providing services that improve the overall viability of commercial districts, resulting in higher property values, lease rates, occupancy rates, and sales volumes.
The LBDPBID will be renewed pursuant to a state law that took effect in January of 1995. The ''Property and Business Improvement District Law of 1994," which was signed into law by Governor Pete Wilson, ushered in a new generation of Property and Business Improvement Districts in California. Key provisions of the law include:
► Allows a wide variety of services which are tailored to meet specific needs of assessed properties in each individual PBID;
► Requires property owner input and support throughout the renewal process; ► Requires written support on both a petition and ballot from property owners paying 50% of proposed assessments;
► Allows for a designated, private nonprofit corporation to manage funds and implement programs, with oversight from property owners and the City; ► Requires limits for assessment rates to ensure that they do not exceed the amount owners are willing to pay; and
► Requires the PBID be renewed after a certain time period, making it accountable to property owners.
The "Property and Business Improvement Business District Law of 1994" is provided in Appendix 2 of this document.
Los Banos Downtown PBID Management District Plan
March 19, 2024 Page 5
159
III. ACCOMPLISHMENTS
The LBDPBID is governed by a non-profit organization known as the Los Banos Downtown Association, with Board members composed of property owners, business owners, and community members. The goal is for property and business owners to gather and collaborate, focusing their efforts on creating a vibrant place to shop, dine, work, and play. The aim is to showcase downtown as a destination that brings together and provides economic opportunities for businesses, enabling them to establish new customer connections. In addition to serving as a resource for local businesses, the LBDPBID also hosts several community events throughout the year, which have become central to the community's culture.
Downtown Los Banos offers a historic business environment from yesteryears while catering to modern needs. The tree-lined streets, outdoor music, wall murals depicting old Los Banos, inviting storefronts, and historic facades harmoniously contribute to the unique downtown Los Banos experience.
Community members and visitors stroll through the downtown, visiting the offerings found here, some of which have been serving this community for generations. Since the inception of the LBDPBID in 2020, the LBDPBID has implemented numerous programs and projects that have specially benefitted assessed parcels, including:
► lnstalhnent of a new camera system for the LBDPBID;
► Coordination with the Los Banos Police Department to support cnrne prevention throughout the LBDPBID;
► New Downtown lighting;
► New marketing pole banners;
► New seasonal banners;
► Partnership with the City of Los Banos on the installment of a Gateway Sign; ► Upkeep of 30 Planters;
► Landscape improvements and maintenance, including the planting of trees, succulents and flowers;
► Partnership with the City for the trimming of trees;
► Installment of 30 new trash receptacles;
► Pressure washing of sidewalks twice a month;
► Removal of gum on sidewalks;
► Litter removal services, including garbage, debris and recycling infrastructure needs throughout the LBDPBID;
► Graffiti removal services; and
► Upgraded music in the Downtown.
Los Banos Downtown PBID Management District Plan
March 19, 2024 Page 6
160
IV. BOUNDARIES
The LBDPBID generally includes parcels in the downtown area of the City of Los Banos, bound by the southern boundaries of K. Street, the western boundaries of 5th Street, the northern boundaries of I Street and the eastern boundaries of 7th Street. It also includes parcels facing southwest between 5th Street and 7th Street A detailed map is included below.
The service area includes approximately seventy-seven (77) assessed properties with fifty-five (55) property owners. The LBDPBID boundary is illustrated by the map below. A larger map is available on request by calling (916) 437-4300 or (800)999-7781.
Los Banos Downtown Property and Business Improvement District (LBDPBID) - LBDPBID Boundaries
Los Banos Downtown PBID Management District Plan
March 19, 2024
••• • • CIVITAS
161
V. SERVICE PLAN & BUDGET
A. Renewal
Property and business owners in Downtown Los Banos had been concerned about the need for coordinated supplemental services in the area for several years. Property and business owners in the area had welcomed City services and efforts, but limited resources had not allowed for a more comprehensive approach to managing the commercial area. The LBDPBID was initially formed to address these needs.
Now, property owners within the boundaries of the LBDPBID wish to renew the PBDPBID to continue this mission.
A series of property owner meetings, a survey of.property owners, and analysis of current property conditions and needs were conducted. The primary needs identified were to continue providing maintenance & general security and marketing & placemaking services. To continue to meet those needs, the renewed LBDPBID will provide these services to assessed parcels within its boundaries.
B. Improvements, Maintenance and Activities
The LBDPBID will continue to provide supplemental improvements, maintenance and activities that are above and beyond those provided by the City of Los Banos (City) and other government agencies. None of the services to be provided by the LBDPBID are provided by the City or other government agencies.
The improvements, maintenance and activities will be provided directly and only to assessed parcels; they will not be provided to parcels that are not assessed. Each and every service is unique to the LBDPBID, thus the benefits provided are particular and distinct to each assessed parcel.
1. Maintenance and General Security
The maintenance and general security programs will be designed to maintain and increase usability of assessed parcels for the benefit of assessed parcels. The maintenance programs will focus on providing a cleaner, more accessible, and more attractive environment for potential tenants and customers. The security programs will aim to increase safety and address issues which discourage property owners, tenants, and customers from visiting the LBDPBID. The maintenance and security program may include, but is not limited to:
• Pressure washing sidewalks and gum removal;
• Litter removal services, including garbage, debris and leaves throughout the LBDPBID; • Graffiti removal services;
• Landscape improvements and maintenance, including the trimming and planting of trees and flowers;
• The addition of trash receptacles;
• Parking lot maintenance;
• Enhanced security measures to surveil the LBDPBID and proactively respond to incidents occurring on assessed parcels; and
• Coordination with the Los Banos Police Department to support cnme prevention throughout the LBDPBID.
2. Marketing and Placemaking
Marketing and placemaking efforts will highlight the LBDPBID as a unique destination in an effort to increase visitor activity and sales that directly benefit the assessed parcels. It is the intent of this program to allow the public to view the LBDPBID as a single destination with a rich collection of attractions, events and services. Marketing and placemaking programs may include, but are not limited to:
Los Banos Downtown PBID Management District Plan
March 19, 2024 Page 8
162
• Promotions and marketing of the LBDPBID as a destination area; • Special events to attract visitors;
• Maintenance of a LBDPBID brand package and website;
• Creation and distribution of promotional materials, visitor guides, maps, press releases and newsletters; and
• The addition of pole banners, wayfinding signage, park benches, bike racks, planters, public art and other similar initiatives to market and improve the look of the LBDPBID.
3. Administration and Operations
The administration portion of the budget will be utilized for administrative costs associated with providing the services. Those costs may include rent, telephone charges, legal fees, accounting fees, postage, administrative staff, insurance, and other general office expenses.
C. Annual Assessment Budget
A projected ten (10) year budget for the LBDPBID is provided below. The overall assessment budget shall remain consistent with this Plan. In the event of a legal challenge, assessment funds may be used to defend the LBDPBID. The annual assessment budget is based on the following assumptions and guidelines:
1. The cost of providing improvements, maintenance and activities may vary depending upon the market cost for those improvements, maintenance and activities. Expenditures may require adjustment up or down to continue the intended level of improvements, maintenance and activities. The LBDA and their board shall have the authority to adjust budget allocations between the categories by no more than twenty percent (20%) of the total budget per year. Any change will be approved by the LBDA and submitted with the Annual Report.
2. Funds not spent in any given year may be rolled over to the next year.
3. The assessment rate may be subject to annual increases that will not exceed three percent (3%) per year. Increases will be determined by the LBDA and will vary each year. The projections below illustrate the maximum annual three percent (3%) increase for all budget items.
4. Each budget category includes all costs related to providing that service. For example, the marketing and placemaking budget includes the cost of staff time dedicated to overseeing and implementing the security program. Staff time dedicated purely to administrative tasks is allocated to the administration portion of the budget. The costs of an individual staff member may be allocated to multiple budget categories. The staffing levels necessary to provide the LBDPBID services will be determined by the LBDA on an as-needed basis.
D. Service Budget
The total improvement, maintenance, and activity budget for 2025 that is funded by property assessments is $176,047.76. In addition to the assessment revenue, the programs will be supplemented by nonassessment funds. The total of non-assessment funds, and the determination of special and general benefit, is included in the Engineer's Report. The total of assessment and non-assessment funds is provided in Appendix 5. Below is an illustration of the estimated total assessment budget allocations for each budget category for the initial year of the ten (10) year term of the LBDPBID. Non-assessment funds may be shifted between budget categories as needed by the Board of the Owners' Association.
Los Banos Downtown PBID Management District Plan
March 19, 2024 Page 9
163
Initial Year Assessment Budget: $176,047.76
Administration &
Operations, S26,407.16 ,
1 "0'
:, ' 0
Marketing&
Placemaking,
$74,820.30, 42.5%
E. Annual Maximum Assessment Budget
_,...,.....--1\faintcnancc & Crneral
__,..,.,-- Security, S74,820.30,
42.5%
The assessment budget below assumes the maximum annual increase of three percent (3%) is not enacted and that there are no changes to the categorical budget allocations.
Year Maintenance & Marketing&
General Security Placemaking2025 $74,820.30 $74,820.30 2026 $74,820.30 $74,820.30
2027 $74,820.30 $74,820.30
2028 $74,820.30 $74,820.30
2029 $74,820.30 $74,820.30
2030 $74,820.30 $74,820.30
2031 $74,820.30 $74,820.30
2032 $74,820.30 $74,820.30
2033 $74,820.30 $74,820.30
2034 $74,820.30 $74,820.30
Total $748,203.00 $748,203.00
Los Banos Downtown PBID Management District Plan
March 19, 2024
Administration & Total
Operations
$26,407.16 $176,047.76
$26,407.16 $176,047.76
$26,407.16 $176,047.76
$26,407.16 $176,047.76
$26,407.16 $176,047.76
$26,407.16 $176,047.76
$26,407.16 $176,047.76
$26,407.16 $176,047.76
$26,407.16 $176,047.76
$26,407.16 $176,047.76
$264,071.60 $1,760,477.60
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The assessment budget below assumes the maximum annual increase of up to three percent (3%) is enacted and that there are no changes to the categorical budget allocations.
Year Maintenance & Marketing&
General Security Placemakin2'
2025 $74,820.30 $74,820.30
2026 $77,064.91 $77,064.91
2027 $79,376.86 $79,376.86
2028 $81,758.16 $81,758.16
2029 $84,210.91 $84,210.91
2030 $86,737.23 $86,737.23
2031 $89,339.35 $89,339.35
2032 $92,019.53 $92,019.53
2033 $94,780.12 $94,780.12
2034 $97,623.52 $97,623.52
Total $857,730.89 $857,730.89
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Administration & Total
Operations
$26,407.16 $176,047.76
$27,199.37 $181,329.19
$28,015.36 $186,769.08
$28,855.82 $192,372.14
$29,721.49 $198,143.31
$30,613.14 $204,087.60
$31,531.53 $210,210.23
$32,477.48 $216,516.54
$33,451.80 $223,012.04
$34,455.35 $229,702.39
$302,728.50 $2,018,190.28
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VI. ASSESSMENT RATE
A. Assessment Formula
The initial assessment rate ( cost to the parcel owner) to commercial and government parcels is $0.31 per parcel square foot. Parcels zoned exclusively for single-family residential purposes with four (4) units or less will not be assessed. Assessment rates may be subject to an increase of no more than three percent (3%) per year.
B. Changes in Zoning, Ownership, or Parcel Size
If the zoning, ownership, or size of a parcel within the LBDPBID boundary changes during the term of the LBDPBID the assessment amount may be modified according to the assessment methodology detailed in this Plan that is applicable to the parcel. These changes may be a result of land adjustments ~ncluding but not limited to lot splits, consolidations, right away setbacks, etc.), new construction, new ownership, or changes in zoning.
C. Assessment Notice
During the hearing process, an Assessment Notice will be sent to owners of each parcel in the LBDPBID.
The Assessment Notice provides an estimated assessment. The final individual assessment for any particular parcel may change, up or down, if they differ from those found on the Assessment Notice. A list of parcels to be included in the LBDPBID is provided within Appendix 4.
D. Time and Manner for Collecting Assessments
As provided by State Law, the LBDPBID assessment will appear as a separate line item on annual property tax bills prepared by the County of Merced. Parcels which do not receive property tax bills will be invoiced by the City. Property tax bills are generally distributed in the fall, and payment is expected by lump sum or installment. The County of Merced shall distribute funds collected to the City of Los Banos, which shall forward them to the LBDPBID. Existing laws for enforcement and appeal of property taxes, including penalties and interest, apply to the LBDPBID assessments.
E. Bonds
Bonds shall not be issued.
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VII. GOVERNANCE
A. Owners' Association
The LBDPBID shall be governed by the Los Banos Downtown Property Owners Association, (LBDPA) with oversight from the Los Banos City Council. The LBDA shall serve as the Owners' Association described in the Streets and Highways Code §36651. The Board of Directors of the LBDA and its staff are charged with the day-to-day operations of the LBDPBID.
B. Brown Act & Public Records Act Compliance
An Owners' Association is a private entity and may not be considered a public entity for any purpose, nor may its board members or staff be considered to be public officials for any purpose. The Owners' Association is, however, subject to government regulations relating to transparency, namely the Ralph M.
Brown Act and the California Public Records Act. These regulations are designed to promote public accountability. The Owners' Association must act as a legislative body under the Ralph M. Brown Act (Government Code §54950 et seq.). Thus, meetings of the LBDA Board of Directors and certain committees must be held in compliance with the public notice and other requirements of the Brown Act.
The Owners' Association is also subject to the record keeping and disclosure requirements of the California Public Records Act.
C. Annual Report
The LBDA shall present an annual report at the end of each year of operation to the City Council pursuant to Streets and Highways Code §36650 (see Appendix 2). The annual report is a prospective report for the upcoming year and must include:
1. Any proposed changes in the boundaries of the LBDPBID or in any benefit zones or classification of property within the district;
2. The improvements, maintenance, and activities to be provided for that fiscal year;
3. The estimated cost of providing the improvements, maintenance, and activities to be provided for that fiscal year;
4. The method and basis of levying the assessment in sufficient detail to allow each real property owner to estimate the amount of the assessment to be levied against his or her property for that fiscal year;
5. The estimated amount of any surplus or deficit revenues to be carried over from a previous fiscal year; and
6. The estimated amount of any contributions to be made from sources other than assessments levied pursuant to this Plan.
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VIII. ENGINEER'S REPORT
The LBDPBID's parcel assessments will be imposed in accordance with the provisions of Article XIII D of the California Constitution. Article XIII D provides that "only special benefits are assessable,"1 and requires the City to "separate the general benefits from the special benefits conferred on a parcel."2 Special benefits are a "particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public-at-large."3 Conversely, a general benefit is "conferred on real property located in the district or to the public-at-large."4 Assessment law also mandates that "no assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel."5
The Engineer determined the total cost of the improvements, maintenance and activities, quantified the general benefit accruing to the public-at-large and non-assessed parcels adjacent to and within the LBDPBID, and separated that amount from the special benefit accruing to the assessed parcels. Then, the Engineer determined the proportional special benefit derived by each parcel and allocated the special benefit value of the improvements, maintenance, and activities accordingly. The Engineer's determinations and detailed calculations are summarized in this report.
A. Separation of General and Special Benefits
Each of the improvements, maintenance and activities, and the associated costs and assessments within the LBDPBID, were reviewed, identified, and allocated based on special and general benefits pursuant to Article XIII D of the California Constitution. The assessment has been apportioned based on the proportional special benefits conferred to the assessed parcels located within the LBDPBID boundaries as determined below.
1. General Benefits
The California Constitution mandates that "only special benefits are assessable, and an agency shall separate the general benefits from the special benefits." 6 "Generally, this separation and quantification of general and special benefits must be accomplished by apportioning the cost of a service or improvement between the two and assessing property owners only for the portion of the cost representing special benefits."7 The first step that must be undertaken to separate general and special benefits provided by the PBID's improvements, maintenance and activities is to identify and quantify the general benefits. a. General Benefit to the Public-at-Large
Although the improvements, maintenance, and activities are narrowly designed and carefully implemented to specially benefit the assessed parcels, and are only provided directly to assessed parcels, they will generate a general benefit to the public-at-large within the LBDPBID. State law indicates that "Activities undertaken for the purpose of conferring special benefits upon property to be assessed inherently produce incidental or collateral effects that benefit property or persons not assessed."8However, "the mere fact that special benefits produce incidental or collateral effects that benefit property or persons not assessed does not convert any portion of those special benefits or their incidental I Cal. Const., art XIII D, §4(a) 2 Cal. Const., art. XIII D, §4(a) , Id, §2(i)
4 Cal Const., art XIII D §2(i)
s Cal. Const., art XIII D, §4(a)
6 Cal. Const , art XIII D, §4(a)
7 Golden Hill Neighborhood Association v. City of San Diego (2011) 199 Cal.App.4th 416 s Streets and Highways Code section 36601 (h)(2)
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or collateral effects into general benefits."9 Further, "the value of any incidental or collateral effects that arise from the improvements, maintenance or activities of a property-based district and that benefit property or persons not assessed shall not be deducted from the entirety of the cost of any special benefit or affect the proportionate special benefit derived by each identified parcel."10 Intercept surveys conducted in similar districts have found that approximately 98.6% of pedestrian traffic within the district boundaries is engaged in business on assessed parcels, while the remaining approximately 1.4% is simply passing through and not engaging in business on the assessed parcels. 11 To ensure that the assessment dollars do not fund general benefits to the public-at-large, that portion of the cost of services will be paid for with funds not obtained through assessments. Out of an abundance of caution, the 1.4% figure was rounded to 2% for the purposes of this Engineers Report.
The 2% of traffic passing through does not have any connection to the assessed parcels, and therefore does not represent a special benefit to the assessed parcels. The 2% will, however, receive a derivative and indirect general benefit as a result of the improvements, maintenance, and activities being provided in the LBDPBID. Therefore, it is estimated that 2% of the benefit created by the LBDPBID's services is general benefit provided to the public-at-large. To ensure that the assessment dollars do not fund general benefits to the public-at-large, that portion of the cost of activities and improvements will be paid for with funds not obtained through assessments. Using the 2% figure, based on the initial year activity and improvement budget, the value of this general benefit to the public-at-large is $3,697.04 ($184,852.01 *0.02).
b. General Benefit to Non-Assessed Parcels
Although they are only provided directly to the assessed parcels, the LBDPBID's improvements, maintenance, and activities may also confer general benefits upon non-assessed parcels within and surrounding the LBDPBID. The California Court of Appeals has found that "services specifically intended for assessed parcels concomitantly confer collateral general benefits to surrounding properties."12 It is reasonable to conclude that improvements, maintenance, and activities within the LBDPBID will have an incidental impact on non- assessed parcels surrounding or within the LBDPBID boundaries. Although the legislature has indicated that "the value of any incidental or collateral effects that arise from the improvements, maintenance, or activities of a property-based district and that benefit property or persons not assessed shall not be deducted from the entirety of the cost of any special benefit,"13 the California Court of Appeals has noted that "the characterization of a benefit may depend on whether the parcel receives a direct advantage from the improvement .. . or receives an indirect, derivative advantage resulting from the overall public benefits of the improvement."14 Those derivative and indirect impacts are considered general benefits and will be quantified and separated.
In this Engineer's opinion, because improvements, maintenance, and activities are provided only within the LBDPBID and on its perimeter, parcels separated from the LBDPBID by either at least one intervening parcel or an impassable physical barrier such as a wall, freeway, or ditch will not receive spill over benefits. Parcels separated from the LBDPBID will not benefit because they are physically removed from the actual location of improvements, maintenance, and activities provided, and do not 9 Ibid
10 Streets and Highways Code Section 36622(k)(2)
11 Surveys conducted in: North Park, San Diego (January 2015); Mack Road, Sacramento (July 2014); and Sunrise MarketPlace, Citrus Heights (December 2013)
12 Beutz v. Riverside (2010) 184 Cal.App.4th 1516
ll Streets and Highways Code section 36622(k)(2)
14 Tiburon v. Bonander (2009) 180 Cal.App.4th 1057, 1077 Los Banos Downtown PBID Management District Plan
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face serviced parcels. Therefore, this analysis considers non-assessed parcels within the LBDPBID's boundaries and surrounding parcels that are immediately adjacent to and accessible from the LBDPBID's boundaries.
The total LBDPBID improvements, maintenance, and activities budget for the initial year of renewal is $184,852.01. After reducing the improvements, maintenance, and activities budget by the general benefit to the public-at-large ($3,697.04), the remaining benefit to parcels is $181,154.97. This benefit has been distributed to both assessed and non-assessed parcels using the following methodology. The general benefit to the public-at-large has been proportionally allocated to the LBDPBID's improvements, maintenance, and activities categories as shown in the following table.
Category !Benefit to Parcels Benefit to Public- Total
at-Large
Maintenance & General Security $76,748.47 $1,566.30 $78,314.77 tvlarketing & Placemaking $77,233.26 $1,576.19 $78,809.44 Administration & Operations $27,173.24 $554.55 $27,727.80 Total $181,154.97 $3,697.04 $184,852.01
To determine the general benefit to parcels, the Engineer assigned each parcel group a benefit factor, determined the appropriate parcel characteristic to use in the calculation, multiplied the benefit factor by the benefit characteristic to determine the benefit units attributable to each parcel group, and apportioned the remaining service cost (service cost minus general benefit to the public) in accordance with the benefit units derived by each parcel group.
i. Benefit Factors
All parcels within and adjacent to the LBDPBID have been assigned a benefit factor to mathematically represent the proportional special and general benefit and quantify the value of each. The determination of benefit factors for each type of improvement, maintenance, and activity follows.
Improvements
The improvements to be provided by the LBDPBID provide two types of special benefits:
• Improvement - The primary special benefit provided by the LBDPBID's improvements is the improvements themselves, which are available to tenants and customers of assessed parcels. • Proximi!J- The LBDPBID's improvements also provide the special benefit of being in proximity to a parcel that is benefitting from an improvement, as parcels will enjoy the spillover benefits of neighboring parcels utilizing the improvements.
The majority of the benefit is the improvements themselves; proximity is a lesser benefit. It is this Engineer's estimation that eighty-five percent (85%) of the special benefit from the LBDPBID's improvements is the improvement, while the proximity special benefit accounts for fifteen percent (15%) of the special benefit. Assessed parcels will receive both benefits; non-assessed parcels within and adjacent to the LBDPBID will not be directly improved, and therefore only receive the general benefit of proximity.
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Tangible Activities
The tangible activities (those that are physically provided via a person or people working throughout the district) to be provided by the LBDPBID generate three types of special benefits:
• Service - The primary special benefit provided by the LBDPBID's physical activities is the actual service. That is, the actual cleanliness and safety created by security and maintenance personnel. • Presence - The LBDPBID's physical activities also provide the special benefit of an individual's presence on the assessed parcel as the activities are provided, which can have a deterrent effect and creates a positive impression that the area is well-maintained and safe. The "Disneyland effect" is the benefit the parcels receive from the observation that parcels are being maintained. There are studies which link the perception of cleanliness to a perception of increased security. • Proximi!J- The LBDPBID's physical activities also provide the special benefit of being in proximity to a more maintained, safer parcel. Neighboring parcels enjoy the spillover benefits of being adjacent to increased maintenance and security.
The majority of the benefit received by the parcels is the results of the LBDPBID's services; onsite presence and proximity are lesser benefits. It is this Engineer's estimation that seventy-five percent (75%) of the special benefit from the LBDPBID's physical activities is the service, while the presence and proximity benefits each account for twelve and one-half percent (12.5% presence, 12.5% proximity) of the special benefit. Assessed parcels will receive all three benefits; non-assessed parcels within and adjacent to the District will not be directly serviced and therefore only receive the general benefit of proximity.
Intangible Activities
Some of the LBDPBID's activities, such as marketing, are distinct in that they are not provided to a targeted area within the LBDPBID, rather they are provided via internet, radio, and other forms of media and targeted at an audience outside the LBDPBID in an effort to bring the audience into the LBDPBID.
These activities provide the special benefits of promotion:
Direct E:xposure - The primary special benefit provided by the LBDPBID's intangible actlvitles is exposure. The intangible activities increase awareness of the LBDPBID as a commercial and business destination and lead to increased patronage.
Incidental Exposure - The LBDPBID's intangible activities will also have a secondary special benefit of incidental exposure, such as word-of-mouth exposure, that results from the direct exposure and increases awareness of the LBDPBID as a commercial and business destination.
The majority of the benefit from these activities is the direct exposure; the incidental exposure is a lesser benefit. It is this Engineer's estimation that ninety percent (90%) of the special benefit from the intangible activities is direct exposure, while ten percent (10%) is incidental exposure. Assessed parcels will receive both as special benefits; non-assessed parcels within and adjacent to the LBDPBID will not be directly marketed and therefore only receive the general benefit of incidental exposure.
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Factors Determined
Based on the foregoing analysis, all assessed parcels within the LBDPBID specially benefit from the LBDPBID's improvements,maintenance, and activities, and have been assigned a benefit factor of 1.0. Parcels that are not assessed have been assigned benefit factors based on the portion of the benefit they will receive, as described above. Instead, the non-assessed parcels will benefit from fifteen percent (15%) of the improvements, twelve and one-half percent (12.5%) of the tangible activities and ten percent (10%) of the intangible activities; therefore, they have been assigned benefit factors of0.15, 0.125 and 0.10 respectively. ii. Non-Assessed Benefit Characteristics
There are two types of parcels that are not assessed; those within the LBDPBID and those immediately adjacent to and accessible from the LBDPBID. Because they generally benefit in a differing manner, distinct parcel characteristics are used to quantify the general benefit to each type. • Inside- Non-assessed parcels inside of the LBDPBID are surrounded by parcels that are assessed and receiving the full special benefits; they will, therefore, receive the general benefit of proximity. These parcels are impacted on more than one side by the LBDPBID's improvements, maintenance, and activities, marketing has a direct impact all around them, and activities and improvements are provided all around them. Because these parcels are surrounded by specially benefitted parcels, it is appropriate that parcel square footage be used to measure the general benefit they receive. • A4Jacent-Adjacent parcels are those that are immediately adjacent to or directly across the street from specially benefitted parcels, and accessible from specially benefitted parcels. These parcels generally benefit differently than those inside the LBDPBID, because these parcels are adjacent to, rather than surrounded by, specially benefitted parcels. Square footage is not an appropriate measure of benefit to these parcels. Because the parcels are not surrounded by serviced parcels, a long, shallow parcel with the same square footage as a deep, narrow parcel will receive a different level of general benefit.
Likewise, two parcels with the same depth but a different width adjacent to serviced parcels will benefit differently. To account for this difference, it is appropriate that parcel linear frontage be used to measure the general benefit the adjacent parcels receive. The linear footage is the length of parcels fronting public streets. The amount listed for "assessed linear feet" is the value for all assessed parcels within the LBDPBID and the amount listed for "non-assessed linear feet" is the value for all nonassessed parcels adjacent to the district boundary. iii. Calculations
To quantify and separate the general benefit to non-assessed parcels, the following calculations were undertaken for each budget category.
1. The total service budget for each category was determined and the amount of general benefit to the public-at-large was subtracted from the category budget.
2. The benefit factor applicable to each improvement, maintenance, and activity was multiplied by the parcel square footage or linear frontage of assessed and non-assessed parcels, to determine the number of benefit units received by each parcel group.
3. The benefit units for all parcel groups were summed, and the percentage of benefit units attributable to each parcel group was calculated.
4. The total remaining improvements, maintenance, and activities budget, less the amount already determined to be general benefit to the public-at-large, was allocated to general and special benefit categories for each parcel group using the calculated benefit percent and applicable benefit characteristic methodology.
5. The special and general benefit resulting from the administration and policy development / Los Banos Downtown PBID Management District Plan
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contingency portions of the budget were determined based on the proportional allocation of benefits derived from improvements, maintenance, and activities.
Maintenance & General S ecuri!)!
The maintenance & general security budget, minus the amount of general benefit to the public-at-large ($1,566.30), is $77,233.26. The calculations below determine the amount of general benefit to nonassessed parcels within the LBDPBID.
Square !Benefit Benefit !Remaining
I arcel Type Footage Factor Benefit Units Percent Budget Assessed 567,896.00 X1.000 = 567,896.00 99.263% X $77,233.26 = $76,663.74 Non-Assessed 33,750.00 X0.125 = 4,218.75 0.737% X $77,233.26 = $569.51 The maintenance & general security, minus the amount of general benefit to the public and non- assessed parcels within the LBDPBID, is $76,663.74. The calculations below determine the amount of general benefit to parcels adjacent to the LBDPBID.
!Linear Benefit !Benefit Remaining
!Parcel Type lFrontage Factor Benefit Units !Percent Budget Inside 7,118.00 X1.000 = $7,118.00 97.595% X $76,663.74 = $74,820.30 Adjacent 1,403.00 X0.125 = $175.38 2.405% X $76,663.74 = $1,843.44 Therefore, the allocation of the maintenance & general security budget is as follows:
General Benefit - Public At Large $1,576.19
General Benefit - Inside Parcels $569.51
General Benefit -Adjacent Parcels $1,843.44
~pecial Benefit $74,820.30
rrotal $78,809.44
Marketing & Placemaking
The marketing & placemaking budget, minus the amount of general benefit to the public-at-large, is $76,748.47. The calculations below determine the amount of general benefit to non-assessed parcels within the LBDPBID.
Square Benefit Benefit Remaining
Parcel Type Footage factor !Benefit Units Percent !Budget Assessed 567,896.00 X1.000 567,896.00 99.409% X $76,748.47 = $76,295.05 Non- 33,750.00 X0.10 3,375.00 0.591% X $76,748.47 = $453.42 !Assessed The marketing & placemaking budget, minus the amount of general benefit to the public and nonassessed parcels within the LBDPBID, is $76,295.05. The calculations below determine the amount of general benefit to parcels adjacent to the LBDPBID.
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Linear Benefit Benefit Remaining
!Parcel Type Frontage f actor Benefit Units Percent tBudget Inside 7,118.00 X 1.000 7,118.00 98.067% X $76,295.05 = $74,820.30 Adjacent 1,403.00 X0.100 140.30 1.933% X $76,295.05 = $1,474.75 Therefore, the allocation of the maintenance & general security budget is as follows:
General Benefit - Public At Lar e 1,566.30
General Benefit - Inside Parcels 453.42
eneral Benefit-Ad'acent Parcels 1,474.75
ecial Benefit
78,314.77
Administration & Operations
The administration & operations budget line items relate to the improvements, maintenance, and activities provided. These costs have been allocated proportionally based on the special and general benefit provided by each category.
Special Benefit General Benefit
to Parcels o Parcels
Maintenance & General $74,820.30 $1,928.17
~ecuricy
!Marketing & Placemaking $74,820.30 $2,412.96
IActivirv Totals $149,640.60 $4,341.13
!Percent 97.181% 2.819%
Administration & $26,407.16 $766.08 Operations
Total Parcel Benefits $176,047.76 $5,107.21
iv. Total Benefits
Based on the foregoing calculations, the total benefits to assessed parcels, non-assessed parcels, and the general public are:
Special General
Benefit to Benefit to
Parcels Parcels
Maintenance & $74,820.30 $1,928.17 General Security
Marketing& $74,820.30 $2,412.95 Placemaking
[Administration $26,407.16 $766.08 & Operations
Total $176,047.76 $5,107.20
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General
Benefit to
Public il'otal
$1,566.30 $78,314.77
$1,576.19 $78,809.44
$554.55 $27,727.80
$3,697.05 $184,852.01