LOsBanos
At the Crossroads of California
www.losbanos.org
AGENDA
CITY COUNCIL MEETING
CITY HALL COUNCIL CHAMBERS
520 J Street
Los Banos, California
JULY 17, 2024-6:00 PM
Live stream on YouTube at ~·- ·· . --- . - . -~···- ·····• •...... ··-· > 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 /Jame a la oficina de la Secretaria de la ciudad al (209) 827-7000 a Jo menos de 48 horas previas de /a junta.
La Cuidad de Los Banos cumple con la Acta de Americanos con Deshabilidad (ADA) de 1990. ··················································································································"····················································· ... , ..................... ···················································· ····································• 1························································· ····································································· ························· ································ •••••••••••··•·••••••••••••••••••••••••••••••••••••••••··•••••••••••••••••·•··••·••·••••· Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the meeting and in the City Clerk's office located at City Hall, 520 J Street, Los Banos, California during normal business hours. In addition, such writings and documents may be posted on the City's website at www.losbanos.org.
* * * * * * * * * * * * * * * *
Cualquier escritura o /os documentos proporcionaron a una mayoria de/ Ayuntamiento respecto a cualquier articu/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 norma/es. Ademas, tales escrituras y los documentos pueden ser anunciados en el website de la ciudad en www.losbanos.org. · .......................................................................................................................................................................................................................................................................................... · Please note: The Brown Act provides the public with an opportunity to make public comment at any public meeting. As an alternative for in-person comments, written public comment may be made by e-mail to [email protected] or delivered 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 foung on _tb~ Qity's we.t:>site atJhe followir,g __ lin.k:_ https://losbanos.org/category/city-council/ Los Banos City Council Agenda-July 17, 2024 Page 1 of 5 1 1. CALL TO ORDER - July 15, 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 June 2024 - Kevin Spencer, Fire Engineer & Raymond Lopez, Fire Fighter in the Fire 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 #245883 - #246237 in the Amount of $2,738,630.54.
Recommendation: Approve the check register as submitted.
B. Fourth Quarter Investment Report for 2023/2024.
Recommendation: Accept the report as submitted.
C. City Council Meeting Minutes for:
1) April 17, 2024
2) May 15, 2024
3) June 5, 2024
4) June 19, 2024
Recommendation: Approve the minutes as submitted.
Los Banos City Council Agenda - July 17, 2024 Page 2 of5 2 D. City Council Resolution No. 6802 - Rejecting the Bids for the Construction of the Community Center Perimeter Fence Project.
Recommendation: Adopt the resolution as submitted.
E. City Council Resolution No. 6803 - Accepting the Officer Noah Jones Ballpark Sidewalk Improvements Project as Complete and Authorizing the Filing of a Notice of Completion with the Merced County Recorder.
Recommendation: Adopt the resolution as submitted.
F. City Council Resolution No. 6804 - Authorizing the City Manager to Execute a Professional Services Agreement between the City of Los Banos and Carollo Engineers, Inc. to Update the Water Master Plan in the Amount of $246,500.
Recommendation: Adopt the resolution as submitted.
G. City Council Resolution No. 6805 - Authorizing Award of Construction Contract to Rolfe Construction, Inc. in the Amount of $577,590 with a 10% Contingency in the Amount of $57,759 for the Monroe Avenue Waterline Project.
Recommendation: Adopt the resolution as submitted.
H. City Council Resolution No. 6806 - Authorizing Award of Construction Contract to Consolidated Engineering, Inc. in the Amount of $971,707.91 with a 10% Contingency in the Amount of $97,170 for Fiscal Year 2025 Street Rehabilitations Project.
Recommendation: Adopt the resolution as submitted.
I. City Council Resolution No. 6807 - Authorizing the City Manager to Execute a Professional Services Agreement between the City of Los Banos and Sally Swanson Architects, Inc. for the Americans with Disabilities Act (ADA) SelfEvaluation and Transition Plan Not to Exceed $273,400 and Adopt a Revised Budget for the Fiscal Year 2024-2025 as it Pertains to the Facilities Fund in the Amount of $123,400.
Recommendation: Adopt the resolution as submitted.
J. City Council Resolution No. 6808 - Approving the Acceptance of a $80,000 UC Davis Koret Shelter Medicine Grant in Connection with California for All Animals Program and Amending the Fiscal Year 2024-2025 Budget by Increasing the Appropriation Amount for Expenditures and Revenues in the Amount of $80,000.
Recommendation: Adopt the resolution as submitted.
K. City Council Resolution No. 6809 -Approving the Usage of Donation Funding in the Amount of $7,540 and Amending the Fiscal Year 2024-2025 Budget by Increasing the Appropriation Amount for Expenditures and Revenues in the Amount of $7,540.
Recommendation: Adopt the resolution as submitted.
Los Banos City Council Agenda -July 17, 2024 Page 3 of 5 3 L. City Council Resolution No. 6810 - Accepting Grant Deeds from Lodi Development, Inc. to the City of Los Banos for the Future Site of the Los Banos Fire Station #4 and for the Future Pioneer Connector [A Portion of APN 430-010-035-000].
Recommendation: Adopt the resolution as submitted.
M. City Council Resolution No. 6811 - Calling and Giving Notice of the Holding of a Recall Election to be Held on Tuesday, November 5, 2024 for the Recall of Councilmember Douglas Begonia, Jr. as Required by the Provision of the Laws of the State of California Relating to General Law Cities.
Recommendation: Adopt the resolution as submitted.
N. City Council Resolution No. 6812 - Calling and Giving Notice of the Holding of a Recall Election to be Held on Tuesday, November 5, 2024 for the Recall of Councilmember Brett Jones as Required by the Provision of the Laws of the State of California Relating to General Law Cities.
Recommendation: Adopt the resolution as submitted.
0. City Council Resolution No. 6813 - Authorizing the City Manager to Sign a 24-Month Lease Agreement with Willscot for a Flex Modular Unit in the Amount of $351,154.07.
Recommendation: Adopt the resolution as submitted.
8. ADVISEMENT OF PUBLIC NOTICES. (No Report)
Recommendation: Informational item only, no action to be taken.
9. CITY MANAGER REPORT.
A. Report Pursuant to Government Code Section 54953(c)(3) Executive Compensation: Community & Economic Development Director.
Recommendation: Informational item only, no action to be taken.
10. 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. 11 . CITY COUNCIL MEMBER REPORTS.
A. Kenneth Lambert - District 1
B. Douglas Begonia, Jr. - District 2
C. Brett Jones - District 3
Los Banos City Council Agenda - July 17, 2024 Page 4 of 5 4 D. Deborah Lewis - District 4
E. Paul Llanez - Mayor
12. 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.
~~ -I. ~ (l 0
Lucille L. Mallonee, City Clerk Dated this 12th day of July 2024 Los Banos City Council Agenda -July 17, 2024 Page Sof 5 5 THIS PAGE IS INTENTIONALLY LEFT BLANK
6 CERTIFICATE OF RECOGNITI0.1\T
(]>resented <To
KEVIN SPENCER
FIRE ENGINEER - FIRE DEPARTMENT
In recognition of your outstanding peiformance
and dedicated service to tlie City of Los <Banos and
for 6eing named "P,mpfoyee of tlie Jnontli "for June 2024. <Pau{ Lfanez, Jl1ayor
<Dated: Ju{y 17, 2024
LOsBanos
At rhe Crossmacls of California
7 CERTIFICATE OF RECOGNITION
<Presented rto
RAYMOND LOPEZ
FIREFIGHTER - FIRE DEPARTMENT
In recognition of your outstanding peiformance
and dedicated service to the City of Los <Banos and
for 6eing named "P,mp{oyee of the :Month"for June 2024. <Pau[ Lfanez, <JW.ayor
<Datea: Ju{y 17, 2024
LOsBanos
Al the- CrPssmutls of California
8 CK# 245883- # 246237 07/17/2024 $2,738,630.54
LOs Banos Check Report
Check by Date , ,lit Cro'ismad.s of c,11((0, nit
Check Number Payment Date Vendor Name Module Payment Type Payment Amount 245885 06/19/2024 Brent Kuhn Accounts Payable Check 16,335.00 245886 06/20/2024 Aflac-Customer Service Accounts Payable Check 235.68 245887 06/20/2024 AFSCME District Council 57 Accounts Payable Check 1,611.75 245888 06/20/2024 Empower Annuity Ins. Co of America Accounts Payable Check 1,692.19 245889 06/20/2024 Empower Annuity Ins. Co of America Accounts Payable Check 2,947.00 245890 06/20/2024 Los Banos Fitness & Racquet Club Accounts Payable Check 265.00 245891 06/20/2024 Los Ba nos Police Assn Accounts Payable Check 1,085.00 245892 06/20/2024 Los Banos Police Assn. Accounts Payable Check 245.00 245893 06/20/2024 Merced County Sheriff Accounts Payable Check 200.00 245894 06/20/2024 MissionSquare Accounts Payable Check 741.65 245895 06/20/2024 MissionSquare Accounts Payable Check 8,512.50 245896 06/20/2024 Nationwide Retirement Solutions Accounts Payable Check 4,155.33 245897 06/20/2024 Professional Fire Fighter of Los Banos Local 4703 Accounts Payable Check 1,050.00 245898 06/20/2024 State Disbursement Unit Accounts Payable Check 1,100.00 245899 06/21/2024 All Seasons North Roofing & Waterproofing, Inc. Accounts Payable Check 51,790.00 245900 06/21/2024 Amerine Systems Inc Accounts Payable Check 44,640.50 245901 06/21/2024 Anthony Gomes Accounts Payable Check 7,528.12 245902 06/21/2024 Apex Annex Health Center, Inc. Accounts Payable Check 1,289.00 245903 06/21/2024 Sara Blevins Accounts Payable Check 61.27 245904 06/21/2024 Caliber Bodyworks, Inc. Accounts Payable Check 21,019.52 245905 06/21/2024 Carollo Inc. Accounts Payable Check 9,936.00 245906 06/21/2024 City of Atwater Accounts Payable Check 140.00 245907 06/21/2024 Cook's Communications Corp. Accounts Payable Check 49,589.30 245908 06/21/2024 Edges Electrical Group, LLC Accounts Payable Check 17,150.57 245909 06/21/2024 Galvin Preservation Associates, Inc. Accounts Payable Check 38,548.44 245910 06/21/2024 Halcyon Creek Inc. Accounts Payable Check 5,769.44 245911 06/21/2024 lnfoSend Inc. Accounts Payable Check 8,262.36 245912 06/21/2024 Los Banos Roofing Inc Accounts Payable Check 5,415.00 245913 06/21/2024 Mark Thomas & company. Inc. Accounts Payable Check 12,603.50 245914 06/21/2024 Guido I Marquez Accounts Payable Check 6,718.50 245915 06/21/2024 Merced MRI Medical Group Accounts Payable Check 65.00 245916 06/21/2024 Mid-Valley Disposal LLC Accounts Payable Check 8,193.95 245917 06/21/2024 Open Sky Productions LLC Accounts Payable Check 9,000.00 245918 06/21/2024 O'Reilly Auto Parts Accounts Payable Check 11,065.00 245919 06/21/2024 PG&E Company Accounts Payable Check 145,826.01 245920 06/21/2024 Gametime Accounts Payable Check 15,915.00 245921 06/21/2024 Precision Civil Engineering, Inc Accounts Payable Check 23,595.00 245922 06/21/2024 Provost and Pritchard Engineering, Inc. Accounts Payable Check 47,044.38 245923 06/21/2024 Quad Knopf, Inc. Accounts Payable Check 8,506.25 245924 06/21/2024 RCA Investments Inc. Accounts Payable Check 33,302.07 245925 06/21/2024 Ronny's Inc. Accounts Payable Check 60,092.15 245926 06/21/2024 Stommel, Inc. Accounts Payable Check 33,606.73 245927 06/21/2024 Top Dog Police K9 Training and Consulting, LLC Accounts Payable Check 25,676.25 245928 06/21/2024 Alhambra Accounts Payable Check 85.41 245929 06/21/2024 AAA Business Supplies Accounts Payable Check 188.99 245930 06/21/2024 All American Plumbing Accounts Payable Check 385.18 245931 06/21/2024 Animal Damage Management, Inc. Accounts Payable Check 625.00 245932 06/21/2024 Aramark Uniform Ser Inc Accounts Payable Check 30.51 245933 06/21/2024 AT&T Accounts Payable Check 2,349.30
245934 06/21/2024 Lizbeth Aceves Accounts Payable Check 500.00 9 245935 06/21/2024 Boot Barn Accounts Payable Check 161.48 245936 06/21/2024 Brinks Inc. Accounts Payable Check 887.46 245937 06/21/2024 Guadalupe Banda Accounts Payable Check 350.00 245938 06/21/2024 Ca Dept of Justice Cashiering Unit Accounts Payable Check 17 .00
245939 06/21/2024 California Rural Water Assoc. Accounts Payable Check 1,582 .00
245940 06/21/2024 CENCAL Machine & Fabrication Inc. Accounts Payable Check 1,176 .05
245941 06/21/2024 Cintas Corporation No.2 Accounts Payable Check 480.30 245942 06/21/2024 Central Valley Concrete Inc. Accounts Payable Check 2,276 .14
245943 06/21/2024 Coffee Break Service Inc. Accounts Payable Check 201.20 245944 06/21/2024 Comcast Accounts Payable Check 264.76 245945 06/21/2024 Copy Shipping Solutions Accounts Payable Check 82.95 245946 06/21/2024 City of Los Banos ** Accounts Payable Check 1,348.50 245947 06/21/2024 Custom Locksmith & Alarm Inc. Accounts Payable Check 330 .10
245948 06/21/2024 D & D Pest Control Accounts Payable Check 163 .00
245949 06/21/2024 De Lage Landen Public Finance LLC Accounts Payable Check 2,788 .59
245950 06/21/2024 Docs Towing & Transport, Inc. Accounts Payable Check 880.00 245951 06/21/2024 Dos Palos Publishing Company Accounts Payable Check 130.00 245952 06/21/2024 F S Rod Inc Accounts Payable Check 7,097.25 245953 06/21/2024 Ivan Avila Garcia Accounts Payable Check 490.17 245954 06/21/2024 Goodwin Consulting Group Accounts Payable Check 3,320.00 245955 06/21/2024 Government Finance Officers Association Accounts Payable Check 455.00 245956 06/21/2024 Gouveia Engineering Inc. Accounts Payable Check 8,288.62
245957 06/21/2024 Granite Construction Inc Accounts Payable Check 4 . 892.91
245958 06/21/2024 Halcyon Creek Inc. Accounts Payable Check 194 .61
245959 06/21/2024 Halo Branded Solutions Inc. Accounts Payable Check 351.50 245960 06/21/2024 Henley Pacific, LLC Accounts Payable Check 75.30 245961 06/21/2024 Holt of California Accounts Payable Check 1,549.33
245962 06/21/2024 Hulberg & Associates, Inc. Accounts Payable Check 4,625.96 245963 06/21/2024 Index Products Inc. Accounts Payable Check 459.00 245964 06/21/2024 Landscape Development Inc. Accounts Payable Check 3,640.00 245965 06/21/2024 TimJ Law Accounts Payable Check 3,200 .00
245966 06/21/2024 Liebert Cassidy Whitmore Accounts Payable Check 3,560.00
245967 06/21/2024 Tricia Laguna Accounts Payable Check 600 .00
245968 06/21/2024 Guido I Marquez Accounts Payable Check 400.00 245969 06/21/2024 Marfab Inc Accounts Payable Check 12.60 245970 06/21/2024 Martin Marietta Materials, Inc. Accounts Payable Check 571.73 245971 06/21/2024 Matson Alarm Co Inc Accounts Payable Check 215.00 245972 06/21/2024 Mello Transmission Co., Inc. Accounts Payable Check 688 .78
245973 06/21/2024 Merced Chevrolet Inc. Accounts Payable Check 92.22 245974 06/21/2024 Merced Truck & Trailer Inc Accounts Payable Check 92 .55
245975 06/21/2024 Madera Uniform & Accessories Accounts Payable Check 610 .24
245976 06/21/2024 NDN International LLC Accounts Payable Check 3,028 .04
245977 06/21/2024 OSE Accounts Payable Check 55.36
245978 06/21/2024 O'Reilly Auto Parts Accounts Payable Check 1,112.00 245979 06/21/2024 Protech Security & Electronics, Inc. Accounts Payable Check 366 .00
245980 06/21/2024 Ronny's Inc. Accounts Payable Check 3,800.00 245981 06/21/2024 Save Mart Supermarkets Accounts Payable Check 120.71 245982 06/21/2024 Sherwin Williams Co Accounts Payable Check 271.88 245983 06/21/2024 Soares Lumber & Fence Inc Accounts Payable Check 91.19 245984 06/21/2024 Southern Tire Mart, LLC Accounts Payable Check 233.24 245985 06/21/2024 Sorensens True Value Accounts Payable Check 1,535 .30
245986 06/21/2024 Sorensens True Value Accounts Payable Check 43 .48
245987 06/21/2024 Technicon Engineering Services, Inc. Accounts Payable Check 2,032.50
245988 06/21/2024 Tyler Technologies, Inc. Accounts Payable Check 507.50 245989 06/21/2024 Estela Tiscareno Accounts Payable Check 50 .00
245990 06/21/2024 Vanir Construction Management, Inc. Accounts Payable Check 887.50 245991 06/21/2024 Vestis Group, Inc. Accounts Payable Check 315.75 245992 06/21/2024 Verizon Wireless Accounts Payable Check 1,503 .70
245993 06/21/2024 Westside Water Conditioning Accounts Payable Check 193.50 10 245994 06/21/2024 Windecker Inc Accounts Payable Check 3,005.99
245995 06/24/2024 Westamerica Bank
- Cafeteria Plan Accounts Payable Check 89
,375.66
245996 06/27/2024 CalPERS Fi
scal Services Division Accounts Payable Check 378,920
.00
245997 06/ 28/2024
Agile Occupational Medicine PC Accounts Payable Check 100 .00
245998 06/28/2024 All American Plumbing Accounts Payable Check 55 ,978.70
245999 06/28/2024 Ap
ex Annex Health Center, Inc. Accounts Payable Check 250.00 246000 06/28/2024 Carollo Inc. Accounts Payable Check 21,047.70 246001 06/28/2024 Civitas Advi
sors Accounts Payable Check 1,458
.12
246002 06/28/2024 City of Los Banos Utility Accounts Payable Check 48 ,208.30
246003 06/28/2024 Jose
S. De La Torre Accounts Payable Ch
eck 960
.00
246004 06/28/2024 Elk Grove Auto Group, Inc. Accounts Payable Check 61 ,917.77
246005 06/28
/ 2024 Healthview Preventive Medical Center, Inc. Accounts Payable Check 7,975 .00
246006 06/28/2024 Halcyon Cr
eek Inc. Accounts Payable Check 51,303
.83
246007 06/28/2024 Eleuterio Guillermo Hernandez Accounts Payable Check 46 ,680.00
246008 06/28/2024 Brent Kuhn Accounts Payable Check 15
,840.00
246009 06/28/2024 Gabriel Omar Ortiz Lepe Accounts Payable Check 7,500.00
246010 06/28/2024 Los Banos Veterinary Services Accounts Payable Check 24 ,226.62
246011 06/28/2024 Mark Thomas & company. Inc. Accounts Payable Check 5,094.58 246012 06/28/2024 Perfection Painting Corp Accounts Payable Check 2,300 .00
246013 06/28/2024 Price Paige and Company CPA's LLP Accounts Payable Check 10 ,575.00
246014 06/28/2024 Spay Neuter Imperative Project California Accounts Payable Check 8,000.00
246015 06/28/2024 Stantec Consulting Services, Inc. Accounts Payable Check 1,450.00
246016 06/28/2024 Winner Chevrolet Inc. Accounts Payable Check 55 ,844.04
246017 06/28/2024 AAA Business Supplies Accounts Payable Check 47 .90
246018 06/28/2024 Anthony Gomes Accounts Payable Check 120 .00
246019 06/28/2024 AT&T Mobility Accounts Payable Check
4,922.53
246020 06/28/2024 AT&T Accounts Payable Check 286
.21
246021 06/28/2024 Auto Zone Commercial Accounts Payable Check 293.60 246022 06/28/2024 BJ's Consumers Choice Pest Control Inc. Accounts Payable Check 219 .00
246023 06/28/2024 Boot Barn Accounts Payable Check 449.34 246024 06/28/2024 John Brodie Accounts Payable Check 500 .00
246025 06/28/2024 Ca Dept of Ju
stice Cashiering Unit Accounts Payable Check
3,119.50
246026 06/28/2024 Central Valley Concrete Inc. Accounts Payable Check 2,266.89
246027 06/28/2024 Clark Pest Control Inc Accounts Payable Check 114 .00
246028 06/28/2024 Comcast Accounts Payable Check 208
.97
246029 06/28/2024 Cook's Communications Corp. Accounts Payable Check 4,999.95
246030 06/28/2024 CPS Accounts Payable Check 902
.00
246031 06/28/2024 Dos Palos Publishing Company Accounts Payable Check 110 .00
246032 06/28/2024 Double D Towing, LLC Accounts Payable Check 135.00 246033 06/28/2024 F 5 Rod Inc Accounts Payable Check 4,280.00 246034 06/28/2024 Fa
st Track Car Wash Accounts Payable Check 507
.50
246035 06/28/2024 Federal
Express Corporation Accounts Payable Check 51.38
246036 06/28/2024 Galls Inc Accounts Payable Check 190
.96
246037 06/28/2024 Home Depot Accounts Payable Check
7,641.88
246040 06/28/2024 Kalmikov Enterprise
s, Inc Accounts Payable Check 1,777
.61
246041 06/28/2024 Marfab Inc Accounts Payable Check 2.77 246042 06/28/2024 McNamara Sports Inc Accounts Payable Check 95 .92
246043 06/28/2024 N & S Dos Palos Tractor Accounts Payable Check 409.56 246044 06/28/2024 OSE Accounts Payable Check 93.13
246045 06/28/2024 O'Reilly Auto Parts Accounts Payable Check 629 .08
246046 06/28/2024 Purchase Power Inc Accounts Payable Check 3,045 .00
246047 06/28/2024 Yuri Saga
stume Accounts Payable Check 4,400
.00
246048 06/28/2024 Save Mart Supermarkets Accounts Payable Check 248.58 246049 06/28/2024 Soares Lumber & Fence Inc Accounts Payable Check 1,753.06
246050 06/28/2024 Southern Tire Mart, LLC Accounts Payable Check 792 .89
246051 06/28/2024 Soren
sens True Value Accounts Payable Check
3,339.84
246053 06/28/2024 The Heil CO Accounts Payable Check 220 .00
246054 06/28/2024 Triangle Rock Products Accounts Payable Check 231.10 246055 06/28/2024 Tyler Technologies, Inc. Accounts Payable Check 1,015.00
11 246056 06/28/2024 VCA Animal Hospitals, Inc. Accounts Payable Check 5,872.62 246058 06/28/2024 Vestis Group, Inc. Accounts Payable Check 1,036.81 246059 06/28/2024 Verizon Wireless Accounts Payable Check 273.91 246060 06/28/2024 West Publishing Corporation Accounts Payable Check 466.85 246061 06/28/2024 Windecker Inc Accounts Payable Check 574.31 246062 06/28/2024 Young's Air Conditioning Accounts Payable Check 855.00 246063 06/28/2024 Blossom Valley Realty Utility Billing Check 83.33 246064 06/28/2024 Nichole Geneva Almanza Utility Billing Check 19.15 246065 06/28/2024 Michael Ortiz Utility Billing Check 98.44 246066 06/28/2024 Marlen Villalobos Utility Billing Check 104.78 246067 06/28/2024 Maha A Dahdouh Utility Billing Check 52.57 246068 06/28/2024 Michael Ha Nguyen Utility Billing Check 59.13 246069 06/28/2024 Alicia Morales Prado Utility Billing Check 47.82 246070 06/28/2024 Blanca Oranday Utility Billing Check 170.51 246071 06/28/2024 Edgar Andres Ramirez- Farias Utility Billing Check 107.97 246072 06/28/2024 Home Sweet Home Property Management Co. Utility Billing Check 173.79 246073 06/28/2024 Lori Gallichio Utility Billing Check 82.06 246074 06/28/2024 Home Sweet Home Property Management Co. Utility Billing Check 71.50 246075 06/28/2024 Yesenia Bustos-Landeros Utility Billing Check 34.90 246076 06/28/2024 Nidia S. Jimenez Utility Billing Check 14.28 246077 06/28/2024 Rhia Dizon Morales Utility Billing Check 14.48 246078 06/28/2024 Gregorio Hernandez Carmona Utility Billing Check 157.41 246079 06/28/2024 Mark Anderson Utility Billing Check 72.23 246080 06/28/2024 Seth Steber Utility Billing Check 183.62 246081 06/28/2024 Century Communities Utility Billing Check 162.78 246082 06/28/2024 UC Construction Utility Billing Check 171.49 246083 06/28/2024 Munsif Fadhil Utility Billing Check 160.69 246084 06/28/2024 Don Latini Utility Billing Check 121.37 246085 06/28/2024 Rufina Leon Utility Billing Check 31.20 246086 06/28/2024 Tressa Rivera Utility Billing Check 127.93 246087 06/28/2024 Kimberly Barreto Utility Billing Check 121.70 246088 06/28/2024 Jagrup Kahlon Utility Billing Check 52.41 246089 06/28/2024 Deanne Iracheta Utility Billing Check 102.70 246090 06/28/2024 Breckenridge Property Fund 2016 LLC Utility Billing Check 131.20 246091 06/28/2024 Ricardo Espinoza Heredia Utility Billing Check 207.33 246092 06/28/2024 Kristi Marie Martinez Utility Billing Check 101.62 246093 06/28/2024 MHP Builders Inc Utility Billing Check 24.55 246094 06/28/2024 MHP Builders Inc Utility Billing Check 24.55 246095 06/28/2024 Sonja Mondragon Utility Billing Check 104.78 246096 06/28/2024 Anderson Homes Utility Billing Check 24.55 246097 06/28/2024 RBG Construction Utility Billing Check 183.37 246098 06/28/2024 D.R. Horton Utility Billing Check 138.40 246099 06/28/2024 D.R. Horton Utility Billing Check 158.82 246100 06/28/2024 D.R. Horton Utility Billing Check 152.59 246101 06/28/2024 D.R. Horton Utility Billing Check 147.22 246102 06/28/2024 D.R. Horton Utility Billing Check 196.98 246103 06/28/2024 Ana Na ivy Oseguera Lucatero Utility Billing Check 114.75 246104 07/03/2024 Apex Annex Health Center, Inc. Accounts Payable Check 1,161.00 246105 07/03/2024 BSK Associates Accounts Payable Check 10,065.75 246106 07/03/2024 Cascade Fire Equipment Company Accounts Payable Check 30,112.50 246107 07/03/2024 CPS Accounts Payable Check 9,000.00
246108 07/03/2024 CSG Consultants Inc. Accounts Payable Check 121,443.97 246109 07/03/2024 Central California Irrigation District Accounts Payable Check 28,251.94 246110 07/03/2024 Elk Grove Auto Group, Inc. Accounts Payable Check 61,917.75 246111 07/03/2024 Governmentjobs.com, Inc. Accounts Payable Check 12,488.62 246112 07/03/2024 Gouveia Engineering Inc. Accounts Payable Check 41,662.23 246113 07/03/2024 Holt of California Accounts Payable Check 7,175.51 246114 07/03/2024 Los Banos Downtown Assoc. Accounts Payable Check 14,233.44 246115 07/03/2024 Mark Thomas & company. Inc. Accounts Payable Check 22,729.19 12 246116 07/03/2024 Oscar Daniel Figueroa Martinez Accounts Payable Check 5,000.00 246117 07/03/2024 Nexus Holding, LLC Accounts Payable Check 12 ,912
.00
246118 07/03/2024 PG&E Company Accounts Payable Check 9,487 .81
246119 07/03/2024 Provo
st and Pritchard Engineering, Inc. Accounts Payable Check 35 ,356.29
246120 07/03/2024 Quad Knopf, Inc. Accounts Payable Check 8,377.35 246121 07/03/2024 Juan Ramirez Accounts Payable Check 65.00 246122 07/03/2024 Ronny
's Inc. Accounts Payable Check 51
,952.54
246124 07/03/2024 Springbrook Software, Inc. Accounts Payable Check 67,800.93 246125 07/03/2024 Sun Ridge Systems, Inc. Accounts Payable Check 53,879 .00
246126 07/03/2024 Superior Pool Products, LLC Accounts Payable Check 15,412.11 246127 07/03/2024 Tap Master, Inc. Accounts Payable Check 20,798 .00
246128 07/03/2024 Thirkettle Corporation Accounts Payable Check 25,436.30 246129 07/03/2024 US Bank Corp Pymt System Accounts Payable Check 64,082 .24
246130 07/03/2024 Law Offices of William A Vaughn Accounts Payable Check 34 ,984.90
246132 07/03/2024 Winner Chevrolet Inc. Accounts Payable Check 55 ,844.06
246133 07/03/2024 Allstar Fire Equipment Accounts Payable Check 2,970.32 246134 07/03/2024 Anthony Gomes Accounts Payable Check 388 .24
246135 07/03/2024 Aramark Uniform Ser Inc Accounts Payable Check 315.06 246136 07/03/2024 AT&T Mobility Accounts Payable Check 781.05 246137 07/03/2024 AT&T Accounts Payable Check 31.57
246138 07/03/2024 Beam Insurance Administrators LLC Accounts Payable Check 21 ,569.39
246139 07/03/2024 Bestco Electric Inc. Accounts Payable Check 3,500 .00
246140 07/03/2024 Boot Barn Accounts Payable Check 146
.80
246141 07/03/2024 Bound Tree medical LLC Accounts Payable Check 1,177.32 246142 07/03/2024 BS K Associates Accounts Payable Check 4,747 .00
246144 07/03/2024 Ca Dept of Justice Cashiering Unit Accounts Payable Check 897.00 246145 07/03/2024 Capital One Accounts Payable Check 450.52 246146 07/03/2024 Cascade Fire Equipment Company Accounts Payable Check 469.60 246147 07/03/2024 Cen-Cal Air Accounts Payable Check 325.00 246148 07/03/2024 CENCAL Machine & Fabrication Inc. Accounts Payable Check 1,833.90 246149 07/03/2024 Cintas Corporation No.2 Accounts Payable Check 131.59 246150 07/03/2024 Comcast Accounts Payable Check 108
.16
246151 07/03/2024 Cook's Communications Corp. Accounts Payable Check 1,423 .00
246152 07/03/2024 CSG Consultants Inc. Accounts Payable Check 3,107 .50
246153 07/03/2024 Dos Palos Publishing Company Accounts Payable Check 104 .00
246154 07/03/2024 Employee Relations, Inc. Accounts Payable Check SO.OD 246155 07/03/2024 Fas Trak Invoice Processing Dept. Accounts Payable Check 18.75 246156 07/03/2024 Federal Express Corporation Accounts Payable Check 7.32 246157 07/03/2024 Fehr & Peers Accounts Payable Check 4,690.00 246158 07/03/2024 Fox Press LLC Accounts Payable Check 2,005 .00
246159 07/03/2024 Galls Inc Accounts Payable Check 825.52 246160 07/03/2024 Galvin Preservation Associates, Inc. Accounts Payable Check 977 .50
246161 07/03/2024 Jason
D. Goins Accounts Payable Check
1,200.00
246162 07/03/2024 Hach Company Accounts Payable Check 218.60 246163 07/03/2024 Halcyon Creek Inc. Accounts Payable Check 3,033 .93
246164 07/03/2024 Helena Chemical Co Inc Accounts Payable Check 3,333.19
246165 07/03/2024 Henley Pacific, LLC Accounts Payable Check 64.22 246166 07/03/2024 lnfoSend Inc. Accounts Payable Check 1,464.13 246167 07/03/2024 J.J.R. Enterprises Inc. Accounts Payable Check 461.20 246168 07/03/2024 Monica Lizaola Accounts Payable Check 350.00 246169 07/03/2024 Marfab Inc Accounts Payable Check 196.38 246170 07/03/2024 McCrometer Inc. Accounts Payable Check 896.00 246171 07/03/2024 OSE Accounts Payable Check 26.09
246172 07/03/2024 On Target Marketing Accounts Payable Check 3,047.78
246173 07/03/2024 Phillip Ray Orabuena Accounts Payable Check 1,200 .00
246174 07/03/2024 Precision Civil Engineering, Inc Accounts Payable Check 1,355.00
246175 07/03/2024 Provost and Pritchard Engineering, Inc. Accounts Payable Check 10,698.00 246176 07/03/2024 Reliance Standard Life Insurance Company Accounts Payable Check 6,188.80
246178 07/03/2024 Ronny's Inc. Accounts Payable Check 6,857.38 13 246180 07/03/2024 Yuri Sagastume Accounts Payable Check 675.00 246181 07/03/2024 Gilbert Sanchez Accounts Payable Check 98.00 246182 07/03/2024 Save Mart Supermarkets Accounts Payable Check 37.08 246183 07/03/2024 Shred-It US JV LLC Accounts Payable Check 232.95 246184 07/03/2024 Sorensens True Value Accounts Payable Check 183.49 246185 07/03/2024 Stantec Consulting Services, Inc. Accounts Payable Check 2,604.25 246186 07/03/2024 Terryberry Company LLC Accounts Payable Check 127.59 246187 07/03/2024 The Don Chapin Co., Inc. Accounts Payable Check 1,049.01 246188 07/03/2024 Thirkettle Corporation Accounts Payable Check 4,549.89 246189 07/03/2024 United Site Services, Inc. Accounts Payable Check 133.25 246190 07/03/2024 Stephanie Pereira Accounts Payable Check 44.27 246191 07/03/2024 Vestis Group, Inc. Accounts Payable Check 86.71 246192 07/03/2024 Verizon Wireless Accounts Payable Check 1,373.16 246193 07/03/2024 Westside Water Conditioning Accounts Payable Check 836.65 246194 07/03/2024 White Cap, L. P. Accounts Payable Check 2,104.22 246195 07/03/2024 Young's Air Conditioning Accounts Payable Check 72.00 246196 07/03/2024 Cara Hunt Utility Billing Check 229.49 246197 07/03/2024 Deborah Soares Utility Billing Check 32.92 246198 07/03/2024 Jacqueline Ramos Utility Billing Check 36.19 246199 07/03/2024 Victoria Marie Aguirre Utility Billing Check 75.51 246200 07/03/2024 Harnam Bhullar Utility Billing Check 132.73 246201 07/03/2024 D.R. Horton Utility Billing Check 167.02 246202 07/03/2024 D.R. Horton Utility Billing Check 168.60 246203 07/03/2024 D.R. Horton Utility Billing Check 168.60 246204 07/03/2024 D.R. Horton Utility Billing Check 167.81 246209 07/05/2024 Aflac-Customer Service Accounts Payable Check 235.68 246210 07/05/2024 AFSCME District Council 57 Accounts Payable Check 1,567.97 246211 07/05/2024 Empower Annuity Ins. Co of America Accounts Payable Check 2,947.00 246212 07/05/2024 Empower Annuity Ins. Co of America Accounts Payable Check 1,550.37 246213 07/05/2024 Fas Trak Invoice Processing Dept. Accounts Payable Check 11.75 246214 07/05/2024 Jorge Hernandez Accounts Payable Check 900.00 246215 07/05/2024 Los Banos Police Assn Accounts Payable Check 1,085.00 246216 07/05/2024 Los Banos Police Assn. Accounts Payable Check 245.00 246217 07/05/2024 Merced County Sheriff Accounts Payable Check 200.00 246218 07/05/2024 MissionSquare Accounts Payable Check 741.65 246219 07/05/2024 MissionSquare Accounts Payable Check 9,487.50 246220 07/05/2024 Nationwide Retirement Solutions Accounts Payable Check 4,165.33 246221 07/05/2024 Professional Fire Fighter of Los Banos Local 4 703 Accounts Payable Check 1,050.00 246222 07/05/2024 State Disbursement Unit Accounts Payable Check 1,100.00 246223 07/08/2024 Luis Beltran Accounts Payable Check 129.00 246224 07/08/2024 Fas Trak Invoice Processing Dept. Accounts Payable Check 7.00 246225 07/08/2024 Vincenzo Greco Accounts Payable Check 24.00 246226 07/08/2024 Brian Laguna Accounts Payable Check 24.00 246227 07/08/2024 Michael Neal Accounts Payable Check 86.00 246228 07/08/2024 Jesus Parras Accounts Payable Check 24.00 246229 07/08/2024 Teresa Provencio Accounts Payable Check 129.00 Break in check sequence due to the following: Payment Type Payment Check #245883 - #245884 (Payroll) Regular Checks 332 2,738,630.54 Check #246038 -#246039 (Manual Void) Manual Checks 0 0.00 Check #246052 (Manual Void) Voided Checks 0 0.00
Check #246057 (Manual Void) 332 2,738,630.54
Check #246123 (Manul Void)
Check #246131 (Manual Void)
Check #246143 (Manual Void)
Check #246177 (Manual Void)
Check #246179 (Manual Void)
Check #246205 -#246208 (Payroll)
Check #246230 -#246237 (Payroll)
14 .LOsBanos
~_,. At the Crossroads lf California
Agenda Staff Report
TO:
FROM:
DATE:
Mayor Llanez and City Council Members
Vanessa Portillo, Finance Director ~·
July 17, 2024
TYPE OF REPORT: Consent Agenda
SUBJECT: 4th Quarter Investment Report for 2023/2024
Recommendation:
To accept the quarterly investment report as submitted.
Background:
The City of Los Banos follows its investment policy to assure that it invests all surplus inactive monies in a manner which ensures a maximum return consistent with safety on such investments while maintaining the integrity of such surplus and inactive funds. A quarterly investment report provides proof that City funds are invested in such a manner. It includes all investments except funds held by the City's trustees. Funds held by trustees include bond reserve funds, deferred compensation plans, and other post retirement benefit funds.
Fiscal Impact:
Informational only, no fiscal impact.
Attachments:
City of Los Banos Fourth Quarter 2023/2024 Investment Report \
15 THIS PAGE IS INTENTIONALLY LEFT BLANK
16 LOsBanos
At the Crossroads of California
In accordance with Government Code Section 53646 and the City of Los Banos Investment Policy, the following shall constitute the quarterly report of investments on behalf of the City of Los Banos:
Investment Balances
As of June 30, 2024
Amount Annual
Type of Investment Issuer Maturity Invested Percentage
Yield
LAIF(LocalAgency State of Daily $53,337,316 4.36%
Investment Fund) California effective yield
Money Market Funds Wells Fargo Daily $110,933,755 5.22% Securities simple yield
Investment Balance: $164,271,071
1. As of the date of this report, the majority of the City of Los Banos funds are invested in the Wells Fargo Securities money market funds, Therefore, as provided by Governmental Code Section 53646 (e) attached are the most recent statement(s) received by the City of Los Banos.
2. As of the date of this report, the remainder of the City of Los Banos' funds are invested in the State of California Local Agency Investment Fund (LAIF}, in accordance with section 16429.1 of the Governmental Code.
3. The portfolio of the City of Los Banos is in compliance with the City of Los Banos' Investment Policy.
4. The investment balances are reconciled monthly to the General Ledger by the Finance Department.
5. It is expected that the City will be able to meet its projected expenditure requirements for the next six months.
17 THIS PAGE IS INTENTIONALLY LEFT BLANK
18 CITY OF LOS BANOS
CITY COUNCIL MEETING MINUTES
APRIL 17, 2024
ACTION MINUTES - These minutes are prepared to depict action taken for agenda items presented to the City Council. For detail of this meeting refer to the electronic media (CD and/or audio) kept as a permanent record.
CALL TO ORDER: Mayor Llanez called the City Council Meeting to order at the hour of 6:01 p.m.
PLEDGE OF ALLEGIANCE: Police Chief Reyna led the pledge of allegiance.
ROLL CALL - MEMBERS OF THE CITY COUNCIL PRESENT: Council Members Douglas Begonia, Jr., Brett Jones, Kenneth Lambert, Deborah Lewis, Mayor Paul Llanez; ABSENT: None
STAFF MEMBERS PRESENT: City Manager Pinheiro, City Attorney Vaughn, Police Chief Reyna, City Clerk/Human Resources Director Mallonee, City Treasurer Lawrence, Fire Chief Tualla, Community & Economic Development Director Souza Elms, Parks & Recreation Director Heim, Finance Director Portillo, Finance Consultant Kuhn, Public Works Director/City Engineer Bergson
CONSIDERATION OF APPROVAL OF AGENDA: Motion by Jones, seconded by Lambert to approve the agenda as submitted. The motion carried by the affirmative action of all Council Members present.
PUBLIC FORUM: MEMBERS OF THE PUBLIC MAY ADDRESS THE CITY COUNCIL
MEMBERS ON ANY ITEM OF PUBLIC INTEREST THAT IS WITHIN THE JURISDICTION OF THE CITYj 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. Mayor Llanez presented a proclamation to the VITAL volunteers in recognition of Volunteers Week, who were present to accept. BLANCHE WILLIAMS spoke regarding how she wanted to mention how wonderful it was this month and how we all worked as a community and a team to do the animal microchipping and there were so many people grateful and so excited about what is going on at the shelter and the community, thanked the Council for putting on the event, she really appreciated it; CRISTIAN SANTOS, representing Congressman Duarte, spoke regarding all that they are working on, i.e. the Veterans Care Act and thanked Mike Hughes and Alan Cotta and the VFW for all their support, working hard to fund more jobs and partnerships for a brighter America; UNNAMED PERSON, spoke regarding the upcoming annual National Day of Prayer event being held on May 2, 2024 and invited all the Council Members to come and also the public; Pastor from Mercy Springs Church, spoke to how it was an amazing turnout for the immigration event and asked the Council to continue to find more ways to support and help others find their way, the upcoming 19 event on April 27, 2024 and how it is a good time to bring people together at Mercey Springs Church, he continues to encourage leaders as their job is difficult, to lean into that you are servant, you tend to refer to you predecessors in negative fashion, and to instead think of the work that they did created a place for you today, when I leave I want to make it better for the next person, look to the future and reimagine new ways to do stuff, do something bold, do something great; GREG HOSTETLER spoke regarding a City bid for asphalt and a change order for the construction that was not even part of the original bid package, how the City did not contact a local contractor about this project, the City bought cars from out of town in Hollister, how we need to keep the money local and create local jobs, tonight his is going to provide the city a notice of rescinding an annexation of Pioneer Ridge which was intended to develop and fulfill goals highlighted in the updated General Plan, concerns with housing options, affordability and homelessness, there have been substantial delays over the last 15 years and spoke regarding citations to private driveways and how the Los Banos Municipal Code regulates parking lot improvements and pot holes and how there are potholes that have not been taken care of, how the City Council hasn't helped the residents like you said you would, how Council Member Lambert's district is a disaster; ANN McCAULEY spoke regarding the April 23, 2024 meeting of the Board of Supervisors and how there will be volunteer recognitions and it would be fun to have a lot more to recognized and for next year be thinking of people who need to be recognized, how our Sheriff's Department in Merced County serves a very rural area in Merced County and how they are severely understaffed and are not paid enough, she is happy that she has a good staff of police officers, she urged the Council Members to ask why it is not being staffed, they need to be paid properly, she doesn't think anyone doing business in town should be given any opportunities to bid on projects unless they have completed prior projects to satisfaction, spoke regarding DeAnza and how Hostetler could have improved the area with lighting, not sure how building more family homes will help the homelessness; KA THY BALLARD stated that she has three questions: Imagine Way More was at the Easter Egg Hunt and had crew members, does he pay those people on his own or is that something above and beyond the $7,500 a month, the rate increase of 3.5% and if we haven't done maintenance in 20 years, where has the money that I've been paying gone, how she comes to this meeting quite a bit and she remembers the gateway sign and how it was rejected before, why put up a sign to tempt someone to turn onto nothing, shouldn't we clean up downtown first, she knows the downtown is trying to improve and she can't believe that we are paying half a million dollars to put up a gateway sign, she would rather ruse it for Colorado Ball Park; MARIBEL GARCIA from the Los Banos Downtown, spoke regarding the events they are putting on and thanked everyone who supports the Los Banos Downtown Association; UNNAMED PERSON spoke regarding Pioneer and DeAnza and the park, she has heard conflicting information regarding what happened, she was told it was going to be done by summer and now it's been over a year since this development was finished, she would like an update and will email you to get a better response, the entrance at DeAnza and Pioneer what is happening with that, concerns with the homeless nights are getting shorter, there is more daylight and they are out longer at night, it has been over a year since she has been coming and talking about this, there is a lot of disturbing noise, she can't open her windows, she can't sleep, she needs some way to get a response, she is calling because she has had too much, what do I need to say to get some type of response back and would appreciate some help; UNNAMED PERSON thanked the Council for the work they have done with the animal shelter, 20 animals are being adopted quicker, spay and neuter events, microchipping event, spoke regarding an experience he had adopting a Doberman and thanked staff for their help, appreciates the work with the parks especially those who use the parks frequently, the Easter Egg Hunt is a great event from a previous Mayor, the work from past Council allowed for improvements to parks, safety concerns with the DeAnza and Mercey Springs and how the developer reached out to help find a solution and it was refused and how it is a safety issue now for students in the area, how the path from the City of Los Banos to Merced College was not continued and would like a restoration of a citizen run government and freedom for staff to give their opinion based on their experience. No one else came forward to speak and the public forum was closed.
CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Mayor Llanez requested that item 6G - City Council Resolution No. 6762 - Awarding Contract for Design, Manufacture, Construction, and Installation of the Downtown Gateway Sign Project be removed and presented.
City Council Resolution No. 6762 - Awarding Contract for Design. Manufacture, Construction , and Installation of the Downtown Gateway Sign Project. Community & Economic Development Director Souza Elms presented the staff report, including a brief history of the project. Mayor Llanez spoke regarding cleaning up the downtown and all that has been accomplished downtown. Council Member Lewis inquired as to the other bid from Swinerton Builders for which Ms. Elms explained that those bids were rejected and the City provided the renderings and they produced the bids. Council Member Lewis spoke to how it is important to get our downtown in shape and to mimic what they did in Turlock, there are vacancies, update the buildings are needed to be more inviting, appreciates that they have painted the buildings, we have a wonderful corner building that remains vacant, not fair to compare us to Morgan Hill but there has been a concerted effort to move the downtown to where it is now, why are we putting up a sign to bring people downtown when our merchants close at 5 pm, we need to do a better job to help market our downtown, we need to do more upgrading our downtown, the Chamber of Commerce needs to help market Downtown Los Banos, she feels we should hold off on the sign and put the money into next year's budget. Council Member Lambert stated that he disagrees with Ms. Lewis, marketing is advertising, advertising is a sign, speaking to legacy Mr. Villalta's was a downtown sign and Pioneer Road, he has a business downtown and no one knows about it, how they are starting to get things done, saw this last year and if we wait the cost will double, most all cities have an entrance sign to their downtown, it has been brought back to us at half of what it was originally bid at, no reason to wait, get people back to see Henry Miller Plaza, best entrance sign to our great City of Los Banos, it is time to move forward now. Council Member Jones stated that there are vacancies because they are waiting on the right tenants, this sign is important and is long overdue, we are trying to revitalize the downtown and we need to bring attention to downtown, and there are two new businesses on I Street that are going to be real nice and have put an investment to downtown to make it better. Mayor Llanez spoke regarding KPI (key performance indicators) and how COVID impacted small businesses, it may not drive in a lot of traffic and will be a great problem to consider, great way to draw people in and to give the local businesses one more resource one more tool, feels it is a great investment.
21 Motion by Jones, seconded by Lambert to adopt City Council Resolution No. 6762 - Awarding Contract for Design, Manufacture, Construction, and Installation of the Downtown Gateway Sign Project. The motion carried by the following roll call vote:
A YES: Begonia, Jones, Lambert, Llanez; NOES: None; ABSENT: None.
Motion by Jones, seconded by Lambert to approve the consent agenda as follows: Check Register for #244444 - #244707 in the Amount of $2,762,625.79; Third Quarter Investment Report for 2023/2024; City Council Resolution No. 6758 - Approving the Acceptance of a $7,500 PETCO Love Animal Welfare Organizations (AWO) Grant and Amending the Fiscal Year 2023-2024 Budget by Increasing the Appropriation Amount for Expenditures and Revenues in the Amount of $7,500; City Council Resolution No. 6759 - Approving the Annual Local Transportation Fund (L TF) Claim to be Filed with the Merced County Association of Governments (MCAG) for Fiscal Year 2023-2024; City Council Resolution No. 6760 - Accepting the 7th Street Ballpark Turf/Field Renovation Project as Complete and Authorizing the Filing of a Notice of Completion with the Merced County Recorder; City Council Resolution No. 6761 - Accepting the Certification of Registrar of Voters of the Results of the Canvas of the March 5, 2024 Presidential Primary/Special Municipal Election Pertaining to Measure G - Shall the Offices of City Clerk and City Treasurer be Appointed & Measure H - Shall the Term of Office of Mayor be Four Years; City Council Resolution No. 6762 hNarding Contract for Design, Manufacture, Construction, and Installation of the Dovmtown Gatei.\'ay Sign Praject. The motion carried by the affirmative action of all Council Members present.
PUBLIC HEARING - TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF A
CONDITIONAL USE PERMIT AND CATEGORICAL EXEMPTION FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND CONDITIONAL USE PERMIT #2024-02 TO ALLOW THE USE OF A TYPE 21 ALCOHOL LICENSE FOR THE OFF-SALE OF GENERAL ALCOHOL FOR WESTERN SINGH STORES, INC.
DBA LOS BANOS LIQUOR LOCATED WITHIN THE HIGHWAY COMMERCIAL ZONING DISTRICT AT 947 W. PACHECO BOULEVARD, SUITE A, APN: 431-020-002; CITY COUNCIL RESOLUTION NO. 6763 - FINDING THE PROPOSED PROJECT TO
BE CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO SECTION 15301 AND APPROVING CONDITIONAL USE PERMIT #2024-02 TO ALLOW THE USE OF A TYPE 21 OFF-SALE GENERAL ALCOHOL LICENSE FOR WESTERN SINGH STORES, INC., LOCATED AT 947 WEST PACHECO BOULEVARD, SUITE A. Community & Economic Development Director Souza Elms presented the staff report, which included a PowerPoint presentation, making note of condition of approval #8 from 15% to 40%.
Mayor Llanez opened the public hearing. No one came forward to speak and the public forum was closed.
Motion by Lambert, seconded by Jones to adopt City Council Resolution No. 6763 - Finding the Proposed Project to be Categorically Exempt from the California Environmental Quality Act Pursuant to Section 15301 and Approving Conditional Use Permit #2024-02 to Allow the Use of a Type 21 Off-Sale General Alcohol License for Western Singh Stores, Inc., Located at 947 West Pacheco Boulevard, Suite A. The motion carried by the affirmative action of all Council Members present. 22 PUBLIC HEARING - TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF
AN ANNUAL ADJUSTMENT TO THE LOS BANOS DEVELOPMENT IMPACT FEE
SCHEDULE BASED ON THE ENGINEERING NEWS RECORD CONSTRUCTION COST INDEX: CITY COUNCIL RESOLUTION NO. 6764 -APPROVING AN INCREASE
IN DEVELOPMENT IMPACT FEES TO REFLECT INCREASES IN THE ENGINEERING NEWS RECORD CONSTRUCTION COST INDEX FOR 2024. Finance Director Portillo presented the staff report, which included a PowerPoint presentation.
Mayor Llanez opened the public hearing. ANN McCAULEY, spoke regarding how inflation is definitely under control and has concerns if 1.1 % is enough and wants to make sure that we have enough funds to do what we want to do, this is passed on to the new homes so that burden isn't on the current homeowner and should not be short-sided; ACOSTA RAUL, with DR Horton, stated that there is a housing crisis in California and it has never been more important now for new home development, data pulled shows that more than 40% of home buyers are in your local community, you need $10,000 a month income, how are we doing it, we are doing it with multiple families, what's the harm of increasing fees is that you would be pricing people out of buying homes, it is unconstitutional to make homeowners pay unproportional fees, spoke to the fees they are currently paying compared to Anderson Homes, and homes in Merced, increased mandated State fees, how he thinks you need to be mindful of the families looking to buy homes and feels you should reduce the fees if anything. ROY TODD, resident and business owner in Los Banos, spoke to how his brother is a developer and his question would be what prompted this raise in fees, was there a shortfall, inflation, interest rates, something tied to the budget, can you use surplus from somewhere else for which Ms.
Souza Elms explained that the nexus dictates that we are to adjust the fees annually in April so that when the City is ready to construct infrastructure there is funding available, it is not due to a shortfall; ROY TODD added that back in the day we increased sales tax by½ cent and he supported it when asked, what did the½ cent go to, he then spoke to banana flag ordinance and how that is not being enforced, if we are going to spend money on something then fix the problem; Ms. Souza Elms added that developer impact fees do not pay for operation or maintenance, new development pays for the impact; ROY TODD spoke regarding issues he has with homeless confrontation and how he can't get police to help; UNNAMED person inquired as to what the fees go towards, what percentage actually covers the house for which Financial Consultant Kuhn stated what went into the nexus study and how raising fees is not always a welcomed thing and how this fee may not be enough and will costs the city in the future; ACOSTA RAUL, DR Horton, stated that the house price is increased and going straight to the homeowner and how $1,000 increases are pricing families out of the market, feels that this increase is not just. No one else came forward to speak and the public hearing was closed.
Council Member Lewis stated that there was a senior development group that came to Council asking for a waiving of fees and she did not support it, she has asked the Fire Chief as to the impact for such type services, if we had set aside those fees the City would have had to cover those costs, and why is Merced charging less than Los Banos for which Ms. Souza Elms stated that in 2019 the communities around us we fell in line with, but we could be talking apples and oranges, we need to compare like for like and this is their affordable housing for the bay area. Council Member Lambert stated that he is not sure 23 how it is going to raise the home cost increasing over $1,000, how we have to think about our first responders and everybody that is going to take care of the area from here on out, feels that this fee is doable and readdress again next year; for which Ms. Souza Elms then spoke to school fees and how the LBUSD charges high fees and that could affect home prices and direct impact costs. Council Member jones stated that these small increase doesn't stop a buyer in qualifying for a home, it's easier for a buyer to adjust their finances to qualify, we do have a shortage of homes, interest rates are high because our base prices of homes is high, this increase alone will not solve the impact issues but it will help mitigate potential foreseeable issues. Mayor Llanez spoke regarding impact fees and rate studies, what is the impact is what we are judging this on, we have the infrastructure needs and the cost you pay when you move to the city.
Motion by Lambert, seconded by Jones to adopt City Council Resolution No. 6764 - Approving an Increase in Development Impact Fees to Reflect Increases in the Engineering News Record Construction Cost Index for 2024. The motion carried by the affirmative action of all Council Members present.
CONSIDERATION OF INITIATING PROPOSITION 218 PROCESS ADVISING
PROPERTY OWNERS AND UTILITY CUSTOMERS OF PROPOSED WATER, WASTEWATER AND SOLID WASTE RA TE ADJUSTMENT BEGINNING JULY 1, 2024
AND APPROVE A RESOLUTION ADOPTING A REVISED BUDGET FOR FISCAL YEAR 2023-2024 AS IT PERTAINS TO EXPENDITURES: CITY COUNCIL RESOLUTION NO. 6765 - ADOPTING A REVISED BUDGET FOR THE 2023-2024
FISCAL YEAR BY INCREASING EXPENDITURES AS IT PERTAINS TO COSTS ASSOCIATED WITH THE PROP 218 NOTIFICATIONS IN THE AMOUNT OF $15,000.
Finance Director Portillo presented the staff report, which included a PowerPoint presentation.
Council Member Lewis inquired as to the number associated with garbage that was in parenthesis and what the cost of sending out the mailers would be for which Ms. Portillo responded that the garbage number is solid waste for garbage collection and that it will cost $15,000 to send out the mailers. Council Member Lewis inquired as to when you have a public hearing, how will the protest letter work for which Ms. Portillo explained how instructions will be given in the letter to protest the rate increase and referred to the draft Prop 218 notification. Council Member Lewis inquired as to the number of votes you have to get back to not allow for the increase, for which Ms. Portillo responded majority, half plus 1.
Motion by Begonia, seconded by Lambert to adopt City Council Resolution No. 6765 - Adopting a Revised Budget for the 2023-2024 Fiscal Year by Increasing Expenditures as it Pertains to Costs Associated with the Prop 218 Notifications in the Amount of $15,000.
The motion carried by the affirmative action of all Council Members present.
APPOINTMENT OF COMMISSIONER TO THE FOLLOWING COMMISSION; MEASURE H CITIZENS' OVERSIGHT COMMITTEE - ONE (1) VACANCY; ONE (1) UNEXPIRED TERM - EXPIRING DECEMBER 31 , 2025. Motion by Jones, seconded by Begonia to appoint Doug Young to the Measure H Citizens' Oversight Committee for an 24 unexpired term expiring December 31, 2025. The motion carried by the affirmative action of all Council Members present.
CANCELLATION OF THE REGULAR CITY COUNCIL MEETING SCHEDULED FOR WEDNESDAY. MAY 11 2024 DUE TO THE MAY DAY FAIR. Motion by Jones, seconded by Begonia to cancel the May 1, 2024 Regular City Council Meeting due to the May Day Fair. The motion carried by the affirmative action of all Council Members present.
ADVISEMENT OF PUBLIC NOTICES. (One Report). Community & Economic Development Director Elms stated that there will be a Public Hearing at the Los Banos Planning Commission Meeting on April 24, 2024 to consider a Categorical Exemption from the California Environmental Quality Act (CEQA) and a Mobile Food Vendor Permit #2024-03 to allow the operation of a mobile food vending vehicle on private property for Mauricio Colmenares Pacheco dba Pacheco Pass Food Truck. The subject property is located within the Highway Commercial Zoning District at 401 W. Pacheco Blvd., more specifically identified as Assessor's Parcel Number: 027-161-048.
CITY MANAGER REPORT. City Manager Pinheiro gave his personal condolences on the passing of the City's former Fire Chief of Tim Marrison and his personal thanks to his family and thanked all that helped put on the memorial event; how the last couple of weeks the team has been painting and striping streets in the downtown, since our last Council Meeting we have had 2 microchipping events and had just under 500 animals and gave a big thank you to the Code Enforcement Division and Police Sergeant Mendez, the Animal Shelter and staff, to look forward to doing good things in the future for the animal shelter.
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). No report, next MCAG meeting is April 18, 2024.
CITY COUNCIL MEMBER REPORTS
KENNETH LAMBERT: Stated that this is just the start of the process, this is not where we pass, this weekend is the Spring Street Fair and hopes to see you all out there, thanks to the Department Heads for great presentations today, there is a lot going on and its tough up here because we have to put up with a lot of accusations and he has all his licenses and how people can come see them and he has never been closed down, all we can do is just keep moving forward, likes moving other people's legacy, likes seeing the archway, just one step forward and nibble at them as we go, our investment balance has increased by $2 million in the last quarter, we are not in a hole we are increasing.
DOUGLAS BEGONIA, JR.: No report
BRETT JONES: Spoke to comments during public forum, thank you for the report about the Ranchwood Park parking lot, we will fix it, how you are doing an annexation retraction on Pioneer Road, it seems like the individuals who are doing the most complaining are 25 doing the least to get things done, and a lot of people have a backseat view as to what they see going on.
DEBORAH LEWIS: Stated that on April 6, 2024 the Red Cross sponsored the Los Banos Fire DepartmenUCalFire in an event to install smoke detectors and thanked the Fire Chief for allowing his staff to participate, it was a wonderful event, spoke regarding former Fire Chief Marrison service to honor him, thanked Fire Chief Tualla and his staff who put it together, she was thankful to have had him as our Fire Chief; April 20, 2024 our Fire Department is sponsoring an Autism Meet & Greet, National Day of Prayer is May 2, 2024 and encouraged all to come, she has concerns about our Sheriffs Department and shortages there and that is not the charge of MCAG that is the charge of the Board of Supervisors and that is one of their number one charges as well as ours, contact them and find out why they are not supporting Sheriff Warnke to raise salaries to higher more sheriffs; she then had a Council Member Request to have a report out on what is happening with DeAnza Road and Mercey Springs and also how we hired an organization to do an investigation on if the hotels/motels are paying the proper tax and can we find out the results.
PAUL LLANEZ: Stated that this week is National Public Safety Dispatcher Week and the week we honor them, how Liz Martinez was named Dispatcher of the Year, he attended Tim Marrison's event and it was very well put together, he called Greg to find out why that street is not open and we need to figure it out and requested a meeting, if we create policy and they don't meet the expectations, we need to set a standard, how he will not be at the second meeting in May as he will be attending OneVoice in Washington, D.C.
ADJOURNMENT. Motion by Jones, seconded by Lambert, the meeting was adjourned at 8:17 p.m.
APPROVED:
Paul Llanez, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
26 CITY OF LOS BANOS
CITY COUNCIL MEETING MINUTES
MAY 15, 2024
ACTION MINUTES - These minutes are prepared to depict action taken for agenda items presented to the City Council. For detail of this meeting refer to the electronic media (CD and/or audio) kept as a permanent record.
CALL TO ORDER: Mayor Pro Tern Lambert called the City Council Meeting to order at the hour of 6:01 p.m.
PLEDGE OF ALLEGIANCE: Police Chief Reyna led the pledge of allegiance.
ROLL CALL - MEMBERS OF THE CITY COUNCIL PRESENT: Council Members Douglas Begonia, Jr., Kenneth Lambert, Deborah Lewis; ABSENT: Council Member Brett Jones, Mayor Paul Llanez.
STAFF MEMBERS PRESENT: City Attorney Vaughn, Police Chief Reyna, City Clerk/Human Resources Director Mallonee, City Treasurer Lawrence, Fire Chief Tualla, Community & Economic Development Director Souza Elms, Parks & Recreation Director Heim, Finance Director Portillo, Finance Consultant Kuhn, Public Works Director/City Engineer Bergson
CONSIDERATION OF APPROVAL OF AGENDA: Motion by Begonia, seconded by Lewis to approve the agenda as submitted. The motion carried by the affirmative action of all Council Members present, Jones and Llanez absent.
PRESENTATIONS.
CERTIFICATE OF RECOGNITION - EMPLOYEE OF THE MONTH FOR APRIL 2024 - JUSTIN RAGUNTON, PLANNING TECHNICIAN. Mayor Pro Tern Lambert presented the certificate to Justin Ragunton, who was present to accept.
PROCLAMATION RECOGNIZING POPPY DAY. Mayor Pro Tern Lambert presented the proclamation to Auxiliary Unit of Los Banos, who were present to accept.
PUBLIC FORUM: MEMBERS OF THE PUBLIC MAY ADDRESS THE CITY COUNCIL
MEMBERS ON ANY ITEM OF PUBLIC INTEREST THAT IS WITHIN THE JURISDICTION OF THE CITY; INCLUDES AGENDA AND NON-AGENDA ITEMS. NO ACTION WILL BE TAKEN ON NON-AGENDA ITEMS. SPEAKERS ARE LIMITED TO A FIVE (5) MINUTE PRESENTATION. DETAILED GUIDELINES ARE POSTED ON THE COUNCIL CHAMBER INFORMATIONAL TABLE. Pastor form Mercey Springs Church spoke to how they will be soon opening the church in coordination with the City for a cooling zone center every day of the week starting June 7, 2024 from 3 - 8 pm and the events that will be happening, encouraged the City and officials to reach out to those 27 in the community to raise funds and help with events, the churches have resources that can be very helpful for the city, it is important to recognize the separation of church and State and how they can inner lap and how important is that we are able to communicate, listen and understand each other, we need listen and try to figure out where that person is coming from and where they are at; KA THY BALLARD spoke to how she met the new commission members of Measure H and was pleased and hopes that the City Attorney will train them about meeting rules, spoke to how it wasn't a developer who circulated the recall petitions it was citizens, I was one of them, the developer did not sign it, concerns with how the City is paying for unnecessary expenses, with the change in Council these things might change; UNNAMED PERSON gave an update on what is happening with the animals, the spay clinics held and the numbers that have been spayed or neutered, how if a low cost or no cost option is available we can get the animal population under control, we could use a transporter van to shuttle the animals to clinics in Salinas, requests that the City Council to approve funds for a transport van from a local car dealership, a year ago several of us worked together to help the animals in Los Banos along with Feral Freedom and the UC Davis grant, microchipping services have also been provided, hosted a table at the Downtown Street Faire to inform the public of what is available to them; GREG HOSTETLER spoke regarding the Shaunessey Subdivision/DeAnza Way and how the project has been accepted by the City, a letter was sent to him by Interim City Manager Wellman and how a response has been sent two times and no response from the City has been received, but a nasty gram, he has met with the City Manager and requested to meet with CalTrans, the City Manager said he would do it his way and he has yet to receive a response and no formal response from the City on what is going on, he received a MOU from City Attorney as to what the city wants and has copies of letters he is talking about to share, all of this is in Mr. Begonia's area and how he has not heard from him, how he has not heard from Mr. Lambert and he's been a Council Member for four years, the City has received millions of dollars in traffic fees, park fees, and how he understands that the City Manager and Mayor are again at conference in Washington, D.C. on the city dime, how he is real sorry that Brett Jones is not here to hear from him as he doesn't name him as the developer but it is him he is talking about and how you can't blame this stuff on Greg Hostetler, how the most intelligent person on this Council is Council Member Lewis, noted that there was no budget study session and everything is on the consent agenda. No one else came forward to speak and the public forum was closed.
CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Council Member Lewis stated that she would like to pull items 7 A - Check Register for #244708 - #245304 in the Amount of $2,689,088.65, 70 - Appointment of Roger Pruitt to Serve a Four (4) Year Term Expiring May 15, 2028 as the City's Representative on the Merced County Mosquito Abatement District Board of Trustees, 7E - City Council Resolution No. 6766 -Amending the Fiscal Year 2023-2024 Budget by Increasing Appropriations in Assessment District No. 9, Account 279-458-200-714, for Expenditures in the Amount of $11,500.00 for the Rehabilitation of the Jo-Lin Storm Lift Pump, 7G - City Council Resolution No. 6768 - Approving the Acceptance of a $10,000 Maddie's Fund New Grantee Operating Support Grant and Amending the Fiscal Year 2023-2024 Budget by Increasing the Appropriation Amount for Expenditures and Revenues in the Amount of $10,000 & 7H - City Council 28 Resolution No. 6769 -Approving the Acceptance of an Additional $1,810 From UC Davis Koret Shelter Medicine - California for All Animals Grant and Amending the Fiscal Year 2023-2024 Budget by Increasing the Appropriation Amount for Expenditures and Revenues in the Amount of $1,810 from the Consent Agenda for discussion prior to approval.
7A - Check Register for #244708 - #245304 in the Amount of $2,689,088.65. Council Member Lewis stated that she is requesting this item to be pulled from the consent agenda because all of the years she has been able to ask questions and meet with the Finance Director about checks on the list but she was recently told that she is unable to speak with the Finance Director without going through the City Manager for which Ms.
Portillo responded to; Council Member Lewis inquired as to "City Signs" payments on the check register list for which Mr. Heim stated that those purchases are related to the Parks & Recreation Department, i.e. Noah Jones Ball Park, Canal Trail off of Center Street, updated logo at Community Center; Council Member Lewis noticed that there are other monuments out there like baseball soccer, for which Mr. Heim stated that those were purchased a few months back and arrived about 8 weeks ago from another company, they are putting similar ones at the Ag Sport Complex; Council Member Lewis stated that the other signs came to Council for approval but does not recall that these did, which Mr.
Heim explained that these recent purchases were part of a project; Council Member Lewis inquired as to the "McNamara Sports" purchase for which Mr. Heim responded that it was for sports equipment, uniforms and probably related to T-ball season; Council Member Lewis stated that she added up nine payments to Ronnys and inquired as to if this all within the last month or invoices that have paid on that were past due, it is a lot of money for which Mr. Heim explained that this is also costs associated with the Noah Jones Ball Park, irrigation and monthly fees; Council Member Lewis inquired as to payments to Mr.
Kuhn and inquired as to the contract that we currently have with Mr. Kuhn indicates that he is to be paid when he was the Acting Finance Director $26,400 per month, so she is not sure what pay period the recent payments are for and it appears that we are still paying Mr. Kuhn the same amount when he was Acting Director, for which Ms. Portillo responded that she will go back and tie up what those pay periods are for, we are still under contract with Mr. Kuhn for financial services as we still have a vacancy in the Finance Manager position; Council Member Lewis inquired as to the "Elk Grove-F Inc." check for which Ms. Portillo responded that this is associated with the purchase of vehicles; Council Member Lewis inquired about the "Gabriel Ortiz" payment and if are we paying him as a contractor under his business name for which Ms. Souza Elms responded that that is his business name and it just appears to be cut off on the check register. 70 -Appointment of Roger Pruitt to Serve a Four (4) Year Term Expiring May 15, 2028 as the City's Representative on the Merced County Mosquito Abatement District Board of Trustees. Council Member Lewis stated that this appointment was done by the City Manager and she thought all appointments were done by the City Council, it appears that the City Manager alone is making the recommendation; City Attorney Vaughn spoke to how the representative passed away last year and this is filling the vacancy and is not a City Commission, but akin to her appointment on the Air Board and is not sure how the 29 appointment is made; Council Member Lewis feels that this should be coming from City Council recommendation not City Manager.
7E - City Council Resolution No. 6766 -Amending the Fiscal Year 2023-2024 Budget by Increasing Appropriations in Assessment District No. 9. Account 279-458-200-714, for Expenditures in the Amount of $11 ,500.00 for the Rehabilitation of the Jo-Lin Storm Lift Pump. Council Member Lewis inquires as to why we are asking for a budget increase, was something missed when it came to Council, for which Mr. Bergson responded that something broke and this is an unanticipated expense.
7G - City Council Resolution No. 6768 - Approving the Acceptance of a $10,000 Maddie's Fund New Grantee Operating Support Grant and Amending the Fiscal Year 2023-2024 Budget by Increasing the Appropriation Amount for Expenditures and Revenues in the Amount of $10,000 & 7H - City Council Resolution No. 6769 -Approving the Acceptance of an Additional $1,810 From UC Davis Koret Shelter Medicine - California for All Animals Grant and Amending the Fiscal Year 2023-2024 Budget by Increasing the Appropriation Amount for Expenditures and Revenues in the Amount of $1,810. Council Member Lewis wanted to give a shout out and congratulations to Sergeant Mendez who took the time to seek out the programs and seek out these grants, he is a great employee and hopes that he continues to look for more grant funding Motion by Lewis, seconded by Begonia to approve the consent agenda as follows: Check Register for #244708 - #245304 in the Amount of $2,689,088.65; Minutes for the March 20, 2024 City Council Meeting; Minutes for the April 3, 2024 City Council Meeting; Appointment of Roger Pruitt to Serve a Four (4) Year Term Expiring May 15, 2028 as the City's Representative on the Merced County Mosquito Abatement District Board of Trustees; City Council Resolution No. 6766 - Amending the Fiscal Year 2023-2024 Budget by Increasing Appropriations in Assessment District No. 9, Account 279-458-200- 714, for Expenditures in the Amount of $11,500.00 for the Rehabilitation of the Jo-Lin Storm Lift Pump; City Council Resolution No. 6767 - Accepting the Exterior Painting of the Community Center Project as Complete and Authorizing the Filing of a Notice of Completion with the Merced County Recorder Office; City Council Resolution No. 6768 - Approving the Acceptance of a $10,000 Maddie's Fund New Grantee Operating Support Grant and Amending the Fiscal Year 2023-2024 Budget by Increasing the Appropriation Amount for Expenditures and Revenues in the Amount of $10,000; City Council Resolution No. 6769-Approving the Acceptance of an Additional $1,810 From UC Davis Koret Shelter Medicine - California for All Animals Grant and Amending the Fiscal Year 2023-2024 Budget by Increasing the Appropriation Amount for Expenditures and Revenues in the Amount of $1,810; City Council Resolution No. 6770 - Terminating Emergency Repair to the Los Banos Airport Runway Lighting. The motion carried by the affirmative action of all Council Members present, Jones and Llanez absent.
PERMANENT LOCAL HOUSING ALLOCATION-COMPETITIVE-NAVIGATION CENTERS; CITY COUNCIL RESOLUTION NO. 6771 - AUTHORIZING THE
APPLICATION FOR THE PERMANENT LOCAL HOUSING ALLOCATION PROGRAM NON-ENTITLEMENT LOCAL GOVERNMENT COMPETITIVE COMPONENT. 30 Community & Economic Development Director Souza Elms presented the staff report.
She also introduced Christy McCammond, the City's Housing Manager presented the staff report in more detail which included a PowerPoint presentation.
Council Member Lambert stated that this has nothing to do with our $11.2 million that we recently received and Ms. Souza Elms explained where that funding came from in comparison to what's being requested now, noting that it did not come from Merced County or COC. Council Member Lewis inquired as to if there is going to be staff on duty 24/7 for which Ms. McCammond responded that the bridge homes would be staffed in case management Monday-Friday 8am-5pm with a house monitor staffed 24/7. Council Member Lewis stated that there two other sites in the City and are there a lot of police calls for service for which Ms. McCammond responded that she's only heard of one, how she and Jennifer Loa, Homeless Outreach Coordinator are in and out of homes throughout the week, they are lovely homes and there is a definitely a feeling of community and family, and receive fewer calls than we do in the encampment; Police Chief Reyna added that calls are minimal and very infrequent, generally we do not even know these facilities are in the areas they are in. Council Member Lewis stated that it's too bad we don't have more money for homes like this to get people more help. Ms.
McCammond spoke to how she attended an event celebrating the grant funding and appreciates the investment.
Motion by Begonia, seconded by Lewis to adopt City Council Resolution No. 6771 - Authorizing the Application for the Permanent Local Housing Allocation Program NonEntitlement Local Government Competitive Component. The motion carried by the affirmative action of all Council Members present, Jones and Llanez absent.
ADVISEMENT OF PUBLIC NOTICES. (No Report).
CITY MANAGER REPORT. Absent
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). No report, next SJVAPCD is May 16, 2024.
CITY COUNCIL MEMBER REPORTS:
DOUGLAS BEGONIA. JR.: Awesome job to Ms. McCammond and thanked her on her presentation; addressed Ms. Kathy Ballard and thanked her for her honesty, yes we are putting flowers in front of houses, we are working hard to rid this city of problems that have been plaguing us for far too long.
BRETT JONES: Absent
31 DEBORAH LEWIS: Thanked Pastor Hammond for the National Day of Prayer event and for always sponsoring this event and all the pastors that participated for our City and our State and our Nation; at the last meeting on April 17, 2024 she asked for an update on our TOT sales tax and how we hired a firm in 2023 to look at our sales use tax analysis, TOT analysis and auditing, and we haven't had a report on the outcome of those and spoke to the calculations she has done as to how much that all would cost, she is requesting again for this item to be on the agenda for the information unless Mr. Kuhn or Ms. Portillo can give a report for which Ms. Portillo stated that she can look into the request and get back to her. Council Member Lewis stated that each year our City has an independent audit done, how at the Air Board Meetings their audit was done in February, and inquired as to why Price Page has not been here to present for which Ms.
Portillo responded that she hopes to be done with the audit and present at the next Council Meeting in June and she is not sure what the practice is here in Los Banos; Council Member Lewis added that she hopes that Price Page comes to present the audit; Council Member Lewis stated that we do have a Finance Director on board and not sure why we still need a financial consultant at the price of $26,400 a month, that is the salary we agreed to as the Acting Finance Director and no new contract has been brought to Council, if he is being paid to fill in for the Finance Manager vacancy he should be paid at a lower rate, not sure why we still have a second person as a consultant to our Director and why are we paying two Director salaries, and eels that it would be appropriate to being an agreement back to adjust his contract now that we have a Director on board.
KENNETH LAMBERT: Gave a shout out to our grant writer and Department Heads on the awesome job they are doing, how we have churches who do wonderful things in our City and they do wonderful work in our City.
PAUL LLANEZ: Absent
ADJOURNMENT. Motion by Lewis, seconded by Begonia, the meeting was adjourned at 7:21 p.m.
APPROVED:
Kenneth Lambert, Mayor Pro Tern
ATTEST:
Lucille L. Mallonee, City Clerk
32 CITY OF LOS BANOS
CITY COUNCIL MEETING MINUTES
JUNE 5, 2024
ACTION MINUTES - These minutes are prepared to depict action taken for agenda items presented to the City Council. For detail of this meeting refer to the electronic media (CD and/or audio) kept as a permanent record.
CALL TO ORDER: Mayor Llanez called the City Council Meeting to order at the hour of 6:00 p.m.
PLEDGE OF ALLEGIANCE: Police Chief Reyna led the pledge of allegiance.
ROLL CALL - MEMBERS OF THE CITY COUNCIL PRESENT: Council Members Douglas Begonia, Jr., Brett Jones, Kenneth Lambert, Deborah Lewis, Mayor Paul Llanez; ABSENT: None.
STAFF MEMBERS PRESENT: City Attorney Vaughn, Police Chief Reyna, City Clerk/Human Resources Director Mallonee, City Treasurer Lawrence, Fire Chief Tualla, Community & Economic Development Director Souza Elms, Parks & Recreation Director Heim, Finance Director Portillo, Finance Consultant Kuhn, Public Works Director/City Engineer Bergson
CONSIDERATION OF APPROVAL OF AGENDA: Motion by Jones, seconded by Lambert to approve the agenda as submitted. The motion carried by the affirmative action of all Council Members present.
PRESENTATIONS - CERTIFICATE OF RECOGNITION - EMPLOYEE OF THE MONTH FOR MAY 2024 - JUSTIN CARUTHERS, MAINTENANCE WORKER II, PUBLIC WORKS DEPARTMENT. Mayor Llanez presented the certificate to Justin Caruthers, who was not present to accept.
PUBLIC FORUM: MEMBERS OF THE PUBLIC MAY ADDRESS THE CITY COUNCIL
MEMBERS ON ANY ITEM OF PUBLIC INTEREST THAT IS WITHIN THE JURISDICTION OF THE CITY; INCLUDES AGENDA AND NON-AGENDA ITEMS. NO ACTION WILL BE TAKEN ON NON-AGENDA ITEMS. SPEAKERS ARE LIMITED TO A FIVE (5) MINUTE PRESENTATION. DETAILED GUIDELINES ARE POSTED ON THE COUNCIL CHAMBER INFORMATIONAL TABLE. BLANCHE WILLIAMS, thanked city staff, the city manager, and city council for all that they are doing for the animals and animal shelter, making sure that we are accountable for each of the animals, feral cats, we appreciate you and thank you so much, we are going to continue next week; JOHN CATES, Los Banos, proud Planning Commissioner of nearly 10 years, stated that he is here to talk the city improvements that have happened over the last few years, i.e. public works and infrastructure and all the improvements that have been made with the streets, the neglected minimal maintenance of the WWTP and how City Manager Pinheiro has 33 been the first city manager to actually go out there, how City Manager Pinheiro created a new facilities division, a new fleet division, how he created a housing division to work on homeless issues, how the new Police Department footprint was not reduced as requested with City Manager Pinheiro insistence and how the gym facility is still there, staffed the City's first drone program and more officers are being trained to do so, the animal shelter is now open on weekends and there is now Wi-Fi because of City Manager Pinheiro, the ladder truck was added under City Manager Pinheiro and constructed a Burn Room under City Manager Pinheiro and three positions were added, how Colorado Ball Park was improved which were horribly needed, the Ag Sports Complex has been improved, 400 trees planted and many trimmed and mitigated; ADAM CONOR, spoke regarding the encampment resolution fund and how he has a great proposed team assembled for this project with a great project manager; PEGGY EDWARDS gave kudos to the Police Chief for having his officers do their job and tow the cars that were parked illegally during May Day, inquired as to what is the difference between those signs and the signs for the street sweeper hours and why is that never acted on, kudos to the City Manager who was behind the box being painted and hopes more are to come, good job and very good artist; SARA EDWARDS spoke regarding cyberbullying and harassment and it would be nice to see someone take it seriously and actually do something about it; TAYLOR WOLFSEN, wanted to thank the Council for their support of downtown, how new businesses have come to downtown and new businesses are to come to fruition, and is talking to someone who is interested in the old Los Banos Drug Store location; UNNAMED PERSON spoke regarding their concerns with homeless on Placed Road and how her worst fears are coming to fruition as it is summertime and the homeless are out at all hours of the night, she if scared to do anything for fear of retaliation or being targeted from the homeless, she is begging this Council and City Manager to find somewhere to move them, make it uninviting for the homeless, you have a responsibility to the community to come fix this problem, she spoke to the park on DeAnza Way and how Hostetler is now coming up to speak and spoke to how the homeowners have no park or access to their home, he could have gifted the City the park, and would like the City to hold budget workshops like they used to; UNNAMED PERSON spoke to how Ca IT rans is proposing a round-about at Volta Road and would like to know when the project is going to start, completion date and if there will be detours, how some of the Los Banos population commutes through Volta Road, the utility tax increase and Prop 218 and can only be enough to cover the expenditures and there can be no overages and the tax increase cannot be used for other expenditures, the homeless situation has been happening for years and a new compound was erected without public participation and how much did that cost, need to address the resident concerns with homelessness, the recall for two Council Members is being processed for District 2 and District 3, why the residents are upset because of the $1.8 million payout to the City Manager, folks are eager to sign the recall and how the City Manager is allowed to spend up to $200,000 and has a 5-0 vote for termination, this Council voted to remove any type of civil service protection, the people who are behind the recall are the ones who are behind the recall, they want accountability and transparency, how you are going to vote on the budget without transparency; GREG HOSTETLER spoke about the recall and how it will put Brett Jones and Doug Begonia on the ballot, you should be more worried about your performance, how the City has collected millions of dollars, hostile work environment at the City, how City Manager 34 Pinheiro was hired back with $1.9 million with no government experience or training, how he worked at Chipotle and Tesla, many city employees have left because of the treatment they have received at the city, they were put on at-will employment, how the employees have families to take care of, 5-0 vote to terminate unheard of all over the State, poor treatment of businesses and harassment, park on Pacheco is full on foxtails, it is horrible and being used as a homeless camp, things could be different in the community, you have not maintained the landscaping throughout town, you continue to charge the LLDs every year, it appears that money is moving into other accounts, it is a rip off of the community, what have you done since the election, you run a cronyism the four of you, how Council Member Lewis tried to talk to the Finance Director but was prohibited by City Manager Pinheiro, what's up with that, that a dictatorship, how he has heard that his staff is not allowed to talk his staff without permission; MIKE HUGHES stated that he has been in the community for 50+ years, things have changed, he supports all of you on the Council, he supports all five, feels the Mayor has done a great job, we are now taking care of streets that we haven't done in years, we now have this recall and how he is being accosted to sign a petition, how he read in the paper today how there has never been a recall, there was a recall tried in the past by local people, he is truly ashamed that we live in a City where someone is paying to recall people for no reason, things are a lot better than they were before, he does not plan to leave or move somewhere else, keep up the work you are doing; RAUL GRANILLO, Mercey Springs Church, spoke regarding how they are opening the church June 1 -August 31 as a cooling center for anyone who wants to get out of the heat, invites all to come to the church, as a member of the community he states that as a council member you are going to be criticized and encouraged you to not shut them down, remember everyone is a person and emphasize with them and try not to defend yourselves, we are all human beings, he sees us dehumanizing and it bothers him, how he has experienced something like that with his last name Granillo and how Portillo is pronounced correctly; CAROL ETCHEVARRY enjoyed what Mr. Granillo just said and how she is excited with what Taylor and the downtown are working on, how when she has a problem she is able to call any of the council and ask questions, how the recall people are being rude and how they are saying that they want Josh out, they are obnoxious, out front of Save art the recall people are there, how the council was chosen to improve our city, how she doesn't see homeless at the parks, she feels bad for the women and her homeless concerns, we respect you, wants the recall to stop and for them to not be so rude, she is proud that Josh decided to come back, he was booted out by the past that didn't want him there, if you realized the whole story behind it you would understand, don't take it personal and continue to do all the things you are doing, how she has heard great things about Josh and how she has heard wonderful things from Chipotle; ANN McCAULEY, 27 year resident, spoke regarding how the town has changed a lot, what do we want in the November election, anarchy, take the whole council and throw it out, and how the recall petition is being handled, how anyone who signed should be ashamed, the council is not sinister it is disgusting, Greg Hostetler stated that he doesn't need the money to be here, but he bought property, he says council has not contacted him and she doesn't believe that, where is Anderson Homes and we need more developers like them, the previous Finance Director it is good that she left and she never made good financial investments, City Manager Pinheiro had mandates and directed things to get done, you cannot proceed without decent investments, screams that he stole 35 $1.8 million and she feels that he has gotten way more value, it is despicable how low can people go, so many people have talked about the things he has done, the recalling is a cheap shot, some just refuse to see the positive, then replace the whole city council, reminds me of the school yard bully, all your recall folks want it your way; JULIE CREIGHTON stated that the people in the gally that claim they know why City Manager Pinheiro was terminated is false, if any of you out that have the details you need to speak up or there is a leak at City Hall, before you come up here and state that you know what is going on you better think again, Greg Hostetler was welcomed in with open arms and now he is the bad guy, he is the one who started it first and the citizens will take it on, you all were friends with him and accepted PACs from him and now he is the bad guy, you need to get your problems with Hostetler solved and leave the rest of us out of it; MARIA PHILLIPS, American Hero Initiative, spoke to what the organization provides for veterans, i.e. home and auto repairs, urged citizens to join us in our mission, we have lived here for over 10 years and want to help out the veterans in the community; MARC FAHEY, Los Banos, spoke to how City Manager Pinheiro and how he was fired a year ago, we don't know why he was terminated but it is coming out that it was because he was not liked by city employees, he feels for the lady who has issues with the unhoused by her home, how he had issues like that and contacted Public Works but never got any movement, tried to contact the City Manager and couldn't get through and contacted the Police Department a few times, after a full toilet tank showed up he contacted a city council member and ten hours later he got a call back and within a few days it was gone, since he has been here in Los Banos he has seen a Community Center, five shopping centers, fast-food growth, gas stations, homes, Police Department, police officers, Fires Stations, rail trail, dog park, more stop lights, more stop signs, more schools, more crummy roads, what accomplishments have been made since City Manager Pinheiro and if you open the booklet and the list of all the accomplishments happening in the city. No one else came forward to speak and the public forum was closed.
CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Council Member Lewis stated that she would like to pull items 7A- Check Register for #245305 - #245597 in the Amount of $2,861,565.33, 7C - Measure P Oversight Committee Report, and 7D - 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 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 City Council for discussion before approving.
7A - Check Register for #245305 - #245597 in the Amount of $2,861 ,565.33. Council Member Lewis stated that there are a couple of checks on warrant listing that she has questions about: Garlic & Onion Advisor Board payment and is this some sort of fee that the City has to pay for for which Mr. Heim responded that it is a deposit returned associated with a rental of a room; what is the US Bank Corp payment for, for which Ms.
Portillo explained that is a payment for a P-Card Program, a State issued credit card program; what is the payment to EDD for, for which Ms. Portillo explained it is for 36 unemployment costs; what is the Quad Koff payment for, for which Ms. Portillo stated that it was for Engineering Services; what is the Tyler Technology payment for, for which Ms.
Portillo explained was related to our financial system and monthly payments for the software; what is the Raymond John payment for, for which Ms. Portillo explained that it was for supplies and purchase furniture items; what is the Carollo Inc. payment for, for which Ms. Portillo explained that it was for storm drain master plan services; what is the Thirklettel Corp. payment for, for which Ms. Portillo explained that it is for new water meters for the City; and what is the Fun Express LLC payment for, for which Mr. Heim explained that it is another name for Oriental Training and is program related expenses for movie night and the egg hunt.
7C - Measure P Oversight Committee Report. Council Member Lewis stated that with the Measure H report there was a financial report but she noticed with Measure P report it is just a statement of things that were discussed but no financial report for which Ms.
Portillo explained that there is more required of Measure H than of Measure P and that there is additional information on the website for Measure P. Council Member Lewis stated that she would have like to have seen the financial report included in the report.
Council Member Jones stated that for the check register he would suggest that that they submit their questions ahead of time so that staff is prepared to answer for which Council Member Lewis stated that in the past she has always been able to speak with staff on the check register but that is not the case now; Mayor Llanez spoke to the League of California Cities training that Council Members receive that speaks to how they have been trained to go through the City Manager for everything, for which Council Member Lewis stated that that may be your interpretation and I am not directing staff just trying to gather information.
7D - 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 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 City Council. Council Member Lewis inquired as to if this connected to the widening of Pioneer Road and are we coming up on a deadline to possibly lose that money for which City Attorney Vaughn stated that this is not about the widening this is about Ortigalita and Pioneer Road intersection improvements; Council Member Lewis inquired as to how long has this been on the books for which Mr. Bergson stated four years.
Motion by Lambert, seconded by Begonia to approve the consent agenda as follows:
Check Register for #245305 - #245597 in the Amount of $2,861,565.33; Measure H Oversight Committee Financial Update; Measure P Oversight Committee Report; 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 37 Certificates of Acceptance and Complying with All Legal Obligations Associated with the Purchases, Within the Authority Provided by the City Council; 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; 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; 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; 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; 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; 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. The motion carried by the affirmative action of all Council Members present.
City Attorney Vaughn and Council Member Lambert stated that they will be recusing themselves from the next item because they have property/businesses within the Los Banos Downtown Property Business Improvement up for consideration of renewal and they both left the Council Chambers.
CONSIDERATION OF THE RENEWAL OF THE LOS BANOS DOWNTOWN
PROPERTY BUSINESS IMPROVEMENT DISTRICT (LBDPBID); CITY COUNCIL RESOLUTION NO. 6779 -AUTHORIZING THE CITY MANAGER TO SIGN A PETITION
AND AN ASSESSMENT BALLOT REGARDING CITY PROPERTIES WITHIN THE RENEWED LBDPBID; 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.
Community & Economic Development Director Souza Elms presented the staff report, which included a PowerPoint presentation.
Council Member Lewis inquired as to the initial year assessment budget and asked for an explanation of the two different tables for which Ms. Souza Elms explained. Council 38 Member Lewis was skeptical to vote for this in the beginning and a lot of promises were made as to what the downtown would look like, i.e. Turlock, Morgan Hill, she wonders if the Downtown Association assists or helps the owners with updating their property to give it a more modern look because that is what she sees that is missing, she hopes that our building owners are willing to invest money to improve businesses, there are some buildings that are being rehabbed downtown but not seeing that as a whole, there's an expectation for them to have an improved downtown, for which Ms. Souza Elms responded that the commitment was made by a benefactor to improve the downtown, the donation did not come through and $50,000 was received and implemented and the program ended there, she spoke to what Blue Agave and Jamz 209 and the great things they are doing, how it is going to take partnership or philanthropies to provide funding to partner with the Downtown Association, how she and Mr. Pinheiro have toured the downtown of Morgan Hill and it is strong because of the Downtown Association and PBID, and stressed how very important it is to continue the PBID and encourage the commitment. Council Member Jones offered to respond as he is a Board Member of the Downtown Association but Council Member Lewis wanted a representative from the Downtown Association to respond, for which Mayor Llanez state that he feels that it is not appropriate to call out a member of public to respond and Ms. Souza Elms stated that the information is within the management explanation. Mayor Llanez spoke to how it is hard to run a business and to explain what you plan to see within ten years. Council Member Lewis stated that short term goals and long term goals are important, she feels that the tax payers are owed an explanation as to what the City is spending its money one.
Council Member Jones asked what business has Deborah owned in the past that gives her this knowledge, he explained what the PBID is for and how the City is bolstering that with the PBID, it's kind of a revolving plan based on the market, trying to get attraction to the Downtown with events like street faire, farmers market, trying to get more and more businesses and people downtown, and invest downtown, how the local developer Greg Hostetler pledged $1 million and reneged on that, the business owners are responsible for their own upgrades and do not have capital to spend on fa9ade upgrades, it's a work in progress, Turlock downtown did not happen overnight it took 20 years. Mayor Llanez stated that who are we to ask for answers.
Motion by Begonia, seconded by Jones to adopt City Council Resolution No. 6779 - Authorizing the City Manager to Sign a Petition and an Assessment Ballot Regarding City Properties within the Renewed LBDPBID. The motion carried by the affirmative action of all Council Members present, Lewis voting NO and Lambert RECUSED.
Motion by Jones, seconded by Begonia to adopt 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. The motion carried by the affirmative action of all Council Members present. Lewis voting NO and Lambert RECUSED.
City Attorney Vaughn and Council Member Lambert returned to the Council Chambers and their seats on the dais.
39 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:
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. Parks & Recreation Director Heim presented the staff report.
Mayor Llanez opened the public hearing. No one came forward to speak and the Public Hearing was closed.
Council Member Lewis inquired as to the funding for the Garden V sidewalk plan for which Mr. Heim explained that this is to create a full sidewalk loop that would be around the full perimeter of the basin. Council Member Lewis inquired as to some numbers running negative for which Mr. Heim explained that capital items are related to the deficit. Council Member Lewis inquired as to since the account is negative, where will the rest of the money come from if there is not enough in the LLDs for which Mr. Heim responded that usually from the General Fund, noting that the increase is limited because it has a 5% increase max. Council Member Lewis inquired as to an explanation on District 10 Engineers Estimate for which Mr. Heim explained that there are multiple line items, landscape maintenance and park maintenance costs. Council Member Lewis inquired as to District 16 and the Senior Villages and if we charge them fees for which Mr. Heim responded and explained where the fees are associated. Council Member Lewis inquired as to District 19 and Talbot Park explanation for which Mr. Heim explained that district is funky and has two non-touching boundaries but all the fees are associate with district costs.
Motion by Jones, seconded by Begonia to adopt 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. The motion carried by the affirmative action of all Council Members present.
PUBLIC HEARING - TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF THE APPROPRIATION LIMITATION FOR THE 2024-2025 FISCAL YEAR (FY): CITY COUNCIL RESOLUTION NO. 6782 - SETTING THE TAX RELATED APPROPRIATION LIMIT IN COMPLIANCE WITH PROPOSITION 4 AND PROPOSITION 111 FOR THE 2024-2025 FY. Finance Director Portillo presented the staff report, which included a PowerPoint presentation.
Mayor Llanez opened the public hearing. No one came forward to speak and the Public Hearing was closed.
Council Member Lewis inquired as to budget cuts to departments for which Ms. Portillo explained that it is adjusted to better align with what we are actually experiencing, in previous fiscal years we had a lot of our staffing in the higher pension plans and now they are coming in at the lower pension plan; Council Member Lewis inquired as to what 40 department fund 427 is for which Ms. Portillo responded that it is for Facilities and is now a standalone service fund 605; Council Member Lewis inquired as to the decrease in Code Enforcement for which Ms. Portillo explained that the personnel staffing costs were shifted to Measure H and Measure P; Council Member Lewis inquired to the Streets fund 431 as there is a reduction which brings her a cause for concern and Ms. Portillo explained that we still have the same level of services as far as personnel and how for the capital outlay we can only budget is what is available to us through special funding; Council Member Lewis inquired to the Recreation fund 451 that was increased significantly and wonders what is planned for which Ms. Portillo explained that this is part of the adjusting of our personnel that used to be covered in Measure H, reallocation of bodies, supplies, services and tree trimming items and Mr. Heim spoke about tree maintenance. Council Member Lewis inquired to the 491 contingency fund and how it went from $50,000 to $575,000 for which Ms. Portillo explained that is to mitigate impacts associated with the labor agreements for $500,000 and $75,000 for City Manager discretionary usage. Council Member Lewis inquired to the 498 fund transfer outs that went to $0 for which Ms. Portillo explained that programmed funds will bring the LLDs to positive and we are not asking the Council to subsidize the LLDs this year. Council Member Jones inquired as to Council Member Lewis's concern about roads being less this time around and wanted to know if she would like to see more money for roads, he's confused because a few months back you were concerned about the costs of roads; he spoke about the false information out there about how LLDs is paying money into the General Fund and explained how it worked for which Ms. Portillo spoke to how the funds are reimbursed. Mayor Llanez stated that this is extremely comprehensive and thank you for all the time putting this together, this budget is very goal oriented, i.e. animal control van, \fNvTP vehicle, and we are preparing for whatever way the wind blows and that that taxpayers see a return on their investment. Council Member Lewis inquired to the resolution regarding the City Manager and $200,000 per occurrence for which Ms. Portillo explained that this is part of the financial policy that already exists at the City and explained how a transfer could happen with City Manager approval as per budget policy.
Council Member Jones inquired as to the $200,000 and how long has that been around for which Ms. Portillo stated as long as Joe has been here; Council Member Jones stated that it's not new or created in the past few months, it's a mirror image of a resolution from prior years, that's another thing the newspaper got wrong.
Motion by Begonia, seconded by Lambert to adopt City Council Resolution No. 6782 - Setting the Tax Related Appropriation Limit in Compliance with Proposition 4 and Proposition 111 for the 2024-2025 FY. The motion carried by the affirmative action of all Council Members present.
Motion by Lambert, seconded by Jones to adopt 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. The motion carried by the affirmative action of all Council Members present, Lewis voting NO.
ADVISEMENT OF PUBLIC NOTICES. (One Report). Community & Economic Development Director Souza Elms stated that a Public Hearing will be held by the Los 41 Banos Planning Commission on June 12, 2024 to consider a Categorical Exemption from the California Environmental Quality Act (CEQA) and a Mobile Food Vendor Permit #2024-04 to allow the operation of a mobile food vending vehicle on private property for Gabriela Mejia Gomez dba Taco La Reina. The subject property is located within the Highway Commercial Zoning District at 330 W. Pacheco Boulevard more specifically identified as Assessor's Parcel Number: 027-152-040.
CITY MANAGER REPORT. City Manager Pinheiro congratulated Justin Chuvichien on Employee of the Month, happy birthday to Vanessa and for putting this budget presentation together, congrats to all who work on putting this together and making sure that we are fiscally responsible. Spoke to how members of the public to continue to put out false facts and was glad that it got corrected, it is unacceptable and disrespectful to the fact, when you were on Council you should probably tell the public that you asked for a street light in front of your house, we all have a difference of opinion, real proud of the progress we have done. The last meeting we were absent as he and the Mayor were at the OneVoice Trip in Washington, D.C. and spoke to how important is that they are there advocating for what Los Banos needs, it is a very purposeful trip. Spoke to how Noah Jones Ball Park has quite a bit of work done with the sidewalk, cut some trees on Ward Road and Pacheco, Ward and San Luis tree cuts and thanked the team for working on that, cutting trees helps beautify the City and when we have high winds and trees go down in cuts back on accidents that can happen, City park on 9th Street/E Street and added picnic benches and there are people out there playing volleyball, folks on the PBID and thank you for all the hard work that those people do and for their investment, Jamz209 has put a lot of money into his building, Blue Agave are doing a lot of work on their building, the other buildings that have been painted and fixed up downtown, want to talk about parks and things that we have done and speaking to Pacheco Park and how they put in new irrigation and the sign was changed; when he first got here the building at Pacheco Park was not even our building and he went to the county and we got that building signed on over to us and that building is now ours, at Vineyard B Park we added a new shade sail, at Ranchwood Park all the oleanders and all the fresh landscaping that we have done, and painting the basketball courts, Skylark Park has space painting on the basketball court and picnic benches coming up, Regency park has playground improvements and new lights, Verona Park had a shade sail and more trees, College Greens Park has a new playground with hopscotch, Vineyard A Park has a new playground with a fish theme, Davis Park is a pirate theme park, Catholic Park has a new playground, Little Page Park has a new playground with a barn theme, Citrus Park has new bark, Gardens Park has new painting of that basketball court and new playground with tall slide, 7th and Pacheco have the basketball cages and there was 20+ kids playing there in collaboration with the LBUSD, doing all that we can to beautiful and make things better, there is a lot that we plan to do, thank you to the team on the park side, thanks to staff.
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 42 (LBDPBID). Council Member Lewis stated that at the SJVAPCD had our budget hearings last month distributing over $500 million throughout the State of California to decrease pollution with final budget approval later in June. Mayor Llanez stated that he is currently Vice Chair of MCAG and will become chair in July, it was good to go to Washington, D.C. and building relationships, with PCE he spoke regarding low income cares customers are to receive a rebate before Christmas on their bill and has been name to the Finance Committee, and he will be replacing Mayor Serato in Merced to the LAFCO Board.
CITY COUNCIL MEMBER REPORTS:
BRETT JONES: Thanked staff for all their hard work on the budget, it's obvious this November that Greg Hostetler plans to replace all of us Council Members, it's hard to not take it personal, with the help from his good buddy Gene Lieb, how Greg pulled back an annexation agreement and wants to change Council so that gets approved, it he's building nice developments we may have a nicer relationship like we have with Anderson Homes where they know how to connect their roads and building nice house and parks, De Anza Road doesn't connect and how Greg comes in here and complains to the City and how he should have demanded the street be put in first, a lot of smoke show going on with him, Anderson Homes gives no heartburn to city staff, I don't understand why Greg is the only one that is difficult to work with, why hasn't he dedicated Shaunessy to the City, will not release the park until he gets something, what we are experiencing with Greg's behavior is a toddler with a checkbook.
DEBORAH LEWIS: Spoke how she was walking her dogs down Ortigalita by Cardoza and Birch and the type of plants being used in public landscaping are too high maintenance and require a lot of attention, growing up through the sidewalk, request for maintenance out there and that our Department has more control over the type of landscape that goes in out there, how our City had a financial audit done and we haven't heard anything from the auditor, would like to get info from staff when that will happen, spoke to the organization that we contracted with to do our TOT audit to see if motels were paying the proper tax and that has not been brought back to Council and would hope to have that happen.
KENNETH LAMBERT: Thanked Department Heads for the last month or two for getting this budget put together, on May 15th myself and Police Chief Reyna were invited to an awards ceremony for big building management companies and we were honored to be with Vanir to accept the highest award for building our new Police Station, CMAA Building Award for up to $49 million projects and we came in under budget and on time, thanks to the Vanir Management team, he's hoping that this is the lightest budget that I have been on and this is one that is kind of more balanced to where it needed to go and move forward, would like to see some good comments in our paper but he doesn't think it is going to happen.
DOUGLAS BEGONIA, JR.: Spoke to the fantastic job on the budget, amazing things from the City and City Manager, spoke regarding the recall against himself and Jones, why people are to signing the recall, he even got asked to sign the recall and had to hear 43 things about himself that are not true, the tactic they were using and were instructed by Mr. Hostetler to get them by any means, false information and trolls on the internet that like to spread lies, how the Westside Express doesn't print all that the City Manager says, he sounds like a terrible person, he came to affect change, one of his goals was for developers to complete projects, DeAnza not being completed that should have been completed before he started, developers reasoning, he will not sell the City out, keep hearing him talk about leaving it up the voters, How Ms. Lewis stated that she would like to see us all on the ballot, and how we are being recalled because we have your best interests at heart.
PAUL LLANEZ: Speaking to comments during public forum and how he shares the frustration with issues of the homeless, they can't control human beings, we only create policy, former council member coming up and asking me to address a project outside of Los Banos in Volta, how roundabouts do save lives and we do not have jurisdiction over outside the city, person giving her opinion about Greg Hostetler and she's writing articles for Westside Express, this is business and he is not looking out for Greg Hostetler he is doing what is best for the City, this is about the City Manager, everyone needs to treat people with dignity and respect, everyone is treated the same and he feels like that is being done, his last call with Greg he'd text dates but wants the Public Works Director to meet after hours, he sees the paid advertisements about the $1.8 million paid to the City Manager, how his daughter was approached to sign the recall and he has an issue with where you are straight out lying to the community and he does not appreciate it, Memorial Day events were nice, how Memorial Hospital staff reached out to him to recognize a retirement of the doctor who helped treated Aaron Pinon was shot in the line of duty and he saved his life, congrats to the high school graduates and best wishes on all of your future endeavors, congrats to Los Banos Little League on their season, how PAL desperately needs volunteers, and movie night will be followed by a drone show on June 15, 2024.
ADJOURNMENT. Motion by Jones, seconded by Lambert, the meeting was adjourned at 10:06 p.m.
APPROVED:
Paul Llanez, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
44 CITY OF LOS BANOS
CITY COUNCIL MEETING MINUTES
JUNE 19, 2024
ACTION MINUTES - These minutes are prepared to depict action taken for agenda items presented to the City Council. For detail of this meeting refer to the electronic media (CD and/or audio) kept as a permanent record.
CALL TO ORDER: Mayor Llanez called the City Council Meeting to order at the hour of 6:02 p.m.
PLEDGE OF ALLEGIANCE: Police Chief Reyna led the pledge of allegiance.
ROLL CALL - MEMBERS OF THE CITY COUNCIL PRESENT: Council Members Douglas Begonia, Jr., Brett Jones, Kenneth Lambert, Deborah Lewis, Mayor Paul Llanez; ABSENT: None.
STAFF MEMBERS PRESENT: City Attorney Vaughn, Police Chief Reyna, City Clerk/Human Resources Director Mallonee, Community & Economic Development Director Souza Elms, Parks & Recreation Director Heim, Finance Director Portillo, Finance Consultant Kuhn, Public Works Director/City Engineer Bergson . CONSIDERATION OF APPROVAL OF AGENDA: Motion by Lambert, seconded by Jones to approve the agenda as submitted. The motion carried by the affirmative action of all Council Members present.
PUBLIC FORUM: MEMBERS OF THE PUBLIC MAY ADDRESS THE CITY COUNCIL
MEMBERS ON ANY ITEM OF PUBLIC INTEREST THAT IS WITHIN THE JURISDICTION OF THE CITY: INCLUDES AGENDA AND NON-AGENDA ITEMS. NO ACTION WILL BE TAKEN ON NON-AGENDA ITEMS. SPEAKERS ARE LIMITED TO A FIVE (5) MINUTE PRESENTATION. DETAILED GUIDELINES ARE POSTED ON THE COUNCIL CHAMBER INFORMATIONAL TABLE. CHRISTIAN SANTOS, Congressman Durarte's office, thanked the City Manager to meeting today, congratulated Larry Borelli who is a recent Los Banos graduate to is attending the Air Force Academy and wished him the best of luck, how he has nominated 6 students for Armed Forces Academy and encouraged anyone interested in recommendation to contact them, how they are supporting the veterans affair bills that provide special programs for veterans care; INAUDIBLE, representative from Assembly Member Soria's office, spoke to how they got to spend some time today meeting with local officials and meet with stakeholders and will be here next Friday hosting an event; KA THY BALLARD expressed concerns and disappointments with the video recently posted by Brett Jones and Josh and why air all the city's dirty work, why reduce the budget in the Police and Fire areas and just found out the drone show was $18,000, putting in a pickleball court, she regularly attends meetings and wanted to know if Imagine Way More film the video posted online; CAMI AVELAR inquired as to the Martin vs Boise case as it pertains to homeless encampments 45 and how the homeless have a right to stay for sleeping but not for living, how there is a homeless man with a drum set, they don't pay taxes, why do they have more rights than she does, she encourages you to find another place to put them, the trailer park had them for a year, we've had them for a year, it is time for someone else to have them for a year, we have to come up with a solution that works for us, and how they are trampling on her rights; UNNAMED PERSON, spoke regarding the proposed roundabout at Highway 152Nolta Road and gave a brief update to the project's status, the last council meeting there was a question about the $200,000/$100,000 limits and how this was changed in June 2023 to this amount and prior to that is was $100,000/$50,000 and stated the resolutions that this happened on, asked for an update on the homeless outreach programs/tiny homes, an update on De Anza Way and the unimproved area, the two housing/homeless positions and when they were appointment and how those were approved during the city council meeting of November 16, 2022 by Interim City Manager Wellman; BLANCHE let everyone know that we worked alongside and using the UC Davis Grant with the Los Banos Police Department, the animal shelter, code enforcement and how they are working to spay and neuter animals and their continued efforts, A Tale to Remember Wine Walk being held and the benefactors of Friends of Los Banos and those businesses downtown that are participating in the event, the 4th of July event and the fireworks that will be happening around that time and how it affects animals, seniors and our veterans; AMANDA RUIZ, speaking in Spanish and then being translated by Police Officer Heredia stated that she has questions that she'd like explained in kindergarten language, and written down on paper, she has been living at her residence for one year and the water pressure has decreased and wants to know why, with the raising of the prices of the water rates, is it because of the new homes; SARA EDWARDS spoke regarding cyber bullying that is going on in Los Banos and wishes someone would take it seriously and how she is experiencing it in her neighborhood and how she has done nothing wrong and doesn't like being threatened; MS. OCHOA speaking in Spanish and then being translated through Police Officer Heredia stated that she is here to speak in opposition to raising the water and garbage rates, we have water that is very contaminated and we are not doing anything to fix that problem and would like for the city to do something here in Los Banos; JERRY GEISEL inquired why the minutes are not available on the website for the City Council or Planning Commission meetings, he feels the citizens of Los Banos would appreciate them being there so that they are available to public so that they know what is happening going back to February. No one else came forward to speak and the public forum was closed.
CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Council Member Lewis stated that she would like to pull the following items for discussion: Item 7G-City Council Resolution No. 6789 - Authorizing the City Manager to Execute the First Amendment to the Professional Services Agreement with Carollo Engineers, Inc. for the Storm Drain System Master Plan Update Not to Exceed $44,600; Item 7H - City Council Resolution No. 6790-Approving and Adopting Final Tract Map No. 2021-01 Quail Meadows Villages at Stonecreek V Phase 1, Unit 1 (Lodi Development, Inc.); Item 71 - City Council Resolution No. 6791 - Authorizing the City Manager to Execute Professional Services Agreements and the Public Works Director/City Engineer to Execute Individual Professional Services Agreements with Gouveia Engineering, Inc., Stantec, Precision 46 Civil Engineering, Provost & Pritchard Consulting Group, O'Dell Engineering, Willdan Engineering, Mark Thomas & Company, and SNG & Associates, Inc. for On-Call Engineering Services for a Period of Five (5) Years [July 1, 2024 - June 30, 2029] Not to Exceed $500,000 for Each Agreement per Fiscal Year; Item 7 J - City Council Resolution No. 6792 -Accepting the 2022/2023 Fiscal Year Audit Reports Consisting of the Annual Comprehensive Financial Report and the Government Auditing Standards Report; Item 7K - City Council Resolution No. 6793 - Approving and Authorizing the City Manager to Execute an Amendment to the Professional Services Agreement for Auditing Services for the Fiscal Year 2023/2024 Audit Period with Price, Paige & Company for a One-Year Extension not to Exceed $82,570.
Item 7G - City Council Resolution No. 6789 - Authorizing the City Manager to Execute the First Amendment to the Professional Services Agreement with Carollo Engineers. Inc. for the Storm Drain System Master Plan Update Not to Exceed $44.600. Council Member Lewis inquired as to if this something new or ongoing for which Mr. Bergson responded that this is to update the current standards from what was in place four years ago and this is in relation to our surface water, how we are having to look for new ways to get surface water to provide water for the city and look for additional resources.
Item 7H - City Council Resolution No. 6790 - Approving and Adopting Final Tract Map No. 2021-01 Quail Meadows Villages at Stonecreek V Phase 1, Unit 1 (Lodi Development, Inc.) Council Member Lewis inquired as to the conditions of approval in regards to landscaping and the master plan developed and the requirements for landscaping and irrigation requirements of the developer for which Mr. Bergson explained that this happens when each phased is developed; Council Member Lewis stated that she would like to see that the landscaping be done at the beginning of the project instead of in phases for which Mr. Bergson explained that this is the normal way to add landscaping in phases, for which Mayor Llanez stated that he agrees with Council Member Lewis that we need to front load the landscaping to the beginning of the development so that the homeowners get what they are expecting; Ms. Souza Elms explained the entire project and the history to landscaping standards and the condition being brought forward to be approved, how the condition can be deferred with approval and which is not something that is a current practice. Council Member Jones shares the same sentiment and how you have to do it as you develop out for which Ms. Souza Elms explained that there is a warranty bond for a year and how it has to be released after a certain amount of time has passed. Council Member Jones added that we have to borrow from the general fund to take care of landscaping and wait for reimbursement, would like to see more strength on these landscape improvements and struggling with trying to get them in in a timely fashion. Council Member Lewis inquired as to if we are still going to follow this procedure for which Mr. Bergson stated that there is a series of agreements that obligate the developer to put in the improvements.
Item 71 - City Council Resolution No. 6791 - Authorizing the City Manager to Execute Professional Services Agreements and the Public Works Director/City Engineer to Execute Individual Professional Services Agreements with Gouveia Engineering. Inc., Stantec. Precision Civil Engineering, Provost & Pritchard Consulting Group. O'Dell 47 Engineering, Willdan Engineering, Mark Thomas & Company, and SNG & Associates, Inc. for On-Call Engineering Services for a Period of Five (5) Years [July 1, 2024 - June 30, 2029] Not to Exceed $500,000 for Each Agreement per Fiscal Year. Council Member Lewis made not that there are eight companies listed, but there are 5 firms selected for which Mr. Bergson stated it is all eight.
Item 7 J - City Council Resolution No. 6792 - Accepting the 2022/2023 Fiscal Year Audit Reports Consisting of the Annual Comprehensive Financial Report and the Government Auditing Standards Report. Council Member Lewis stated that this is the second year that Price Page who does our audit for the city and they have not come and gave us a report, there is a lot of stuff in here that I would like them explain to us, and just looking at some of the numbers I see a lot of variances with final budgeting and numbers are in brackets, which mean number are in negative standing for which Ms. Portillo explained that Price Page was supposed to be here tonight but because of personal circumstances they were unable to attend, stated that what is submitted is a clean audit and within accounting principles, spoke to the general fund reserves, how it has increased, the brackets are variances that happen during the budget but in the end we are in a good financial standing. Council Member Lewis inquired as to if these are estimates, as she thought they were actuals for which Ms. Portillo explained that the numbers you pointed out are the budgeted amounts against the actuals which causes the differences which is normal. Council Member Lewis added that this is a very in-depth and complicated report and she can't figure it out and a big concern for her to see so many negatives, wishes the staff could have been here tonight to explain. Council Member Lambert stated that he looked through it too, numbers are a lot but that's not his expertise, you are going to see a lot of ups and downs, but in the end we were not in the negative and is has been explained that yes at the end of the year we finished the year in a positive manner putting $2.6 million back in to the General Fund and the final report states all that I need to know and read. Mayor Llanez stated that when he looked at this, he kept in mind that we fixed a records number of roads and parks and we met a lot of goals and still have money left over.
Item 7K - City Council Resolution No. 6793 -Approving and Authorizing the City Manager to Execute an Amendment to the Professional Services Agreement for Auditing Services for the Fiscal Year 2023/2024 Audit Period with Price, Paige & Company for a One-Year Extension not to Exceed $82,570. Council Member Lewis inquired as to how this is requesting the authorization of a one year contract, initial contract was 5 years and last year was the second year of the extension, and wondering why we didn't go out for an RFP after last year's audit to find a new company or use the same company for which Ms. Portillo explained that the audit didn't get completed until May 2024, the process of closing out the Fiscal Year and how payments can be made in August and closing books how in September, the city was going through a financial system update and the workings of this project the City was not able to do the RFP, spoke to the process of the RFP and selecting an audit firm, Price Page was able to put us the auditing schedule for the Fiscal Year that just closed and will be issuing an RFP for next year's audit. Council Member Lewis is not sure how this has anything to do with putting out an RFP when we know the contract has expired for which Ms. Portillo added we are asking for an extension so that 48 they can audit the Fiscal Year that is closing and will be issuing an RFP for the next audit cycle, hopes we will be getting a new company on board. Mayor Llanez inquired as to the RFP process, is there a City policy on how this is done for which Ms. Portillo explained it is part of the purchasing policy. Mayor Llanez inquired as to if we are within policy for which Ms. Portillo explained with this extension we are in compliance. Council Member Lambert stated that if we if we didn't continue with this firm we would have lost them and had a hard time finding a new one.
Motion by Jones, seconded by Begonia to approve the consent agenda as follows: Check Register for #245598 - #245882 in the Amount of $2,629,442.95; City Council Resolution No. 6784 - Approving the Increase in Expenditures Related to Excess Grant Funding Through a UC Davis Grant Program in the Amount of $20,000 for Fiscal Year 2023-2024; City Council Resolution No. 6785 -Adopting a List of Projects for Fiscal Year 2024-2025 Funded by SB 1: The Road Repair and Accountability Act of 2017; City Council Resolution No. 6786 - Authorizing that the Design/Build Delivery Method be Used for the New Fire Station No. 4 Project and Addendum No. 1 of the Vanir Construction Management, Inc.
Professional Services Agreement (PSA) be Entered into and that the City Manager Shall Execute Said Addendum and the Public Works Director/City Engineer Will Administer Said Addendum; City Council Resolution No. 6787 -Approving a Cost Share Agreement Between the City of Los Banos and the Los Banos Unified School District for Public Improvements for the Early Learning Center B Street Drainage Ditch Project; City Council Resolution No. 6788 -Accepting the SR-152 Signal Synchronization, Federal-Aid Project No. CML-5160(028) as Complete and Authorizing the Filing of a Notice of Completion with the Merced County Recorder; City Council Resolution No. 6789 - Authorizing the City Manager to Execute the First Amendment to the Professional Services Agreement with Carollo Engineers, Inc. for the Storm Drain System Master Plan Update Not to Exceed $44,600; City Council Resolution No. 6790 -Approving and Adopting Final Tract Map No. 2021-01 Quail Meadows Villages at Stonecreek V Phase 1, Unit 1 (Lodi Development, Inc.); City Council Resolution No. 6791 - Authorizing the City Manager to Execute Professional Services Agreements and the Public Works Director/City Engineer to Execute Individual Professional Services Agreements with Gouveia Engineering, Inc., Stantec, Precision Civil Engineering, Provost & Pritchard Consulting Group, O'Dell Engineering, Willdan Engineering, Mark Thomas & Company, and SNG & Associates, Inc. for On-Call Engineering Services for a Period of Five (5) Years [July 1, 2024 - June 30, 2029] Not to Exceed $500,000 for Each Agreement per Fiscal Year; City Council Resolution No. 6792 -Accepting the 2022/2023 Fiscal Year Audit Reports Consisting of the Annual Comprehensive Financial Report and the Government Auditing Standards Report; City Council Resolution No. 6793 - Approving and Authorizing the City Manager to Execute an Amendment to the Professional Services Agreement for Auditing Services for the Fiscal Year 2023/2024 Audit Period with Price, Paige & Company for a One-Year Extension not to Exceed $82,570; City Council Resolution No. 6794 - Approving a Tentative Agreement/ Memorandum of Understanding By and Between the City of Los Banos and the Los Banos Police Sergeants Association (LBPSA) from July 1, 2024 - June 30, 2027; City Council Resolution No. 6795 -Amending Division 4, Salary Schedule - Employee Classifications of the City's Policy & Procedures Manual Relating to Changes to Section G - Police Associated with the LBPSA Tentative Agreements/ Memorandums 49 of Understanding; City Council Resolution No. 6796 - Amending Division 5, Personnel Benefits of the City's Policy & Procedures Manual Relating to Changes to Monthly Health, Vision, Dental, Life Insurance Coverage Allowances as it Pertains to Unrepresented/Miscellaneous Employees. The motion carried by the affirmative action of all Council Members present.
PUBLIC HEARING - TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF A FIVE (5) YEAR WATER. WASTEWATER AND SOLID WASTE RA TE PROGRAM ADJUSTMENT FOR ALL RESIDENTS AND COMMERCIAL CUSTOMERS: CITY COUNCIL RESOLUTION NO. 6797 - ESTABLISHING RA TES FOR WATER SERVICE FEES: CITY COUNCIL RESOLUTION NO. 6798 - ESTABLISHING RATES FOR WASTEWATER SERVICE FEES: CITY COUNCIL RESOLUTION NO. 6799 - ESTABLISHING RATES FOR SOLID WASTE SERVICE FEES. Finance Director Portillo presented the staff report, which included a PowerPoint presentation.
City Attorney Vaughn explained the purpose of the public hearing.
Mayor Llanez opened the public hearing. JOHN LUPIN! spoke to how he lives in a gated community and no one can tell him what his rates are, how it says that rates should be fair, how Four Season Los Banos maintains their own sewer lift station and how city services are connected to our service system and how landscaping is also connected to the LLD, how they are an HOA and charge our members to maintain our services, he is against the rate increase until that gets figured out; ANN McCAULEY stated that she just wants to know what the rationale is using the San Francisco CPI, is there another one that can be used, clarification on the 2% number selected, hazardous chemicals in our water and how that is being paid to take care of that, but she doesn't have a problem with the rate increase; REFUGIO LLAMAS, reading the letters from the legislature office, noted how these increases are for just what it cost to increase the services, charging a fee to cover other expenses, and wanted to know if we know what the cost of this was, is it true that the city is going to purchase a street sweeper and if that is the case it falls under the general services and is not allowed with these increases; CAMIL AVELAR inquired as to why we are using SF/Oakland/Hayward CPI and how often is 2.5% exceed or go below, adding that she protests the increases. No one else came forward to speak and the public hearing was closed.
Ms. Portillo spoke regarding why the SF CPI is chosen, as it is the closest area and most reasonable area to choose as opposed to LA or orange county, if the percentage cap is exceeded or goes below the rate, the residents will be noticed 30 days in advance, how the street sweeper is for solid waste services and this is an allowable expense, and the issues at the Four Seasons staff will research. Council Member Lewis speaking to the Four Seasons and the surrounding homes from the state's streets that are attached, how can we reassure an answer back to him and had him give his phone number to the City Clerk. Council Member Lambert inquired as to what the last years increase was, which was 3.5%. Council Member Jones spoke to what they did 5 years ago with the rate cap and how amazing it is to only be at 2.4%. Mayor Llanez made note that we are the lowest in the County and compared to the same type of formula from 2019, what surprises him 50 is that we have had issues with water and that explains why we are so behind, and understands the slow increase seems reasonable.
Mayor Llanez took a short recess so that the City Clerk and city staff could complete the tabulation of the written protests received.
The meeting was reconvened and the City Clerk provided the following results of the written protests:
In regard to the proposed rates for the City's water service fees: A majority of owners of the identified parcels would equal: 6,815. 4 written protests were submitted by owners of the identified parcels and/or any tenants directly liable for the payment of water service fees. A majority protest (does or does not) exist and the City Council (may or may not) proceed to consider the proposed Resolution No. 6797 Establishing Rates for Water Service Fees.
In regard to the proposed rates for the City's wastewater service fees: A majority of owners of the identified parcels would equal: 6,815. 3 written protests were submitted by owners of the identified parcels and/or any tenants directly liable for the payment of wastewater service fees. A majority protest (does or does not) exist and the City Council (may or may not) proceed to consider the proposed Resolution No. 6798 Establishing Rates for Wastewater Service Fees.
In regard to the proposed rates for the City's solid waste service fees: A majority of owners of the identified parcels would equal: 6,815. 4 written protests were submitted by owners of the identified parcels and/or any tenants directly liable for the payment of solid waste service fees. A majority protest (does or does not) exist and the City Council (may or may not) proceed to consider the proposed Resolution No. 6799 Establishing Rates for Solid Waste Service Fees.
Motion by Lambert, seconded by Jones to adopt City Council Resolution No. 6797 - Establishing Rates for Water Service Fees. The motion carried by the following roll call vote: AYES: Begonia, Jones, Lambert, Lewis, Llanez; NOES: None; ABSENT: None.
Motion by Begonia, seconded by Jones to adopt City Council Resolution No. 6798 - Establishing Rates for Wastewater Service Fees. The motion carried by the following roll call vote: AYES: Begonia, Jones, Lambert, Lewis, Llanez; NOES: None; ABSENT:
None.
Motion by Lambert, seconded by Begonia to City Council Resolution No. 6799 - Establishing Rates for Solid Waste Service Fees. The motion carried by the following roll call vote: AYES: Begonia, Jones, Lambert, Lewis, Llanez; NOES: None; ABSENT:
None.
CONSIDERATION OF ADOPTION OF CITY COUNCIL RESOLUTION NO. 6800 -
REFERRAL TO THE MERCED COUNTY LOCAL AGENCY FORMATION
51 COMMISSION (LAFCO) FOR THE DETACHMENT OF PROPERTIES FROM THE CENTRAL CALIFORNIA IRRIGATION DISTRICT. Community & Economic Development Director Souza Elms presented the staff report. Stacy tanked Chris Martin and Maria Fatima Sequira for putting all of this together along with Bill Nicholson with LAFCO.
Council Member Jones stated that he is happy to see this and is something that has been overlooked and getting taken care of now. Council Member Lewis inquired as to if the dots represent the parcels that are being detached for which Ms. Souza Elms stated yes.
Motion by Lambert, seconded by Jones to adopt City Council Resolution No. 6800 - Referral to the Merced County Local Agency Formation Commission (LAFCO) for the Detachment of Properties from the Central California Irrigation District. The motion carried by the affirmative action of all Council Members present.
CONSIDERATION OF ADOPTION OF CITY COUNCIL RESOLUTION NO. 6801 -
APPROVING THE TRANSPORTATION IMPACT ANALYSIS GUIDELINES DATED APRIL 29, 2024. Community & Economic Development Director Souza Elms presented the staff report, introducing Ian Barnes, PE with Fehr & Peers who spoke in more detail, which included a PowerPoint presentation.
Council Member Lewis spoke to the fire engines and public safety being able to move through the subdivisions, some of the subdivisions in the 2000s barely allow for a fire engine to get through, what would a mitigation be for something like that for which Mr.
Barnes responded that is an existing item and would defer to Mr. Bergson who explained that curbs can be painted red on one side and going forward we do not advocate for narrow streets like this. Mayor Llanez inquired as to if this is a new city standard and in the model do schools play a factor for which Mr. Barnes responded yes, the input into the model is important and are a major priority. Mayor Llanez inquired as to when you did the model for residential, did you take into account a sq. ft. home with more than one family for which Mr. Barnes responded yes, with the census update it is included. Council Member Jones stated that this program is great, we can actually see what the traffic impact will be for which Mr. Barnes added that studies will be done on a regular basis moving forward. Council Member Jones note that Place Road I B Street by the school is a traffic issue. Council Member Lewis inquired as to when making your models, can you do something 3-dimensional, i.e. videos for which Mr. Barnes responded that the travel demand model is what's being discussed tonight and we could do video animations down the line for Council review. Mayor Llanez stated that we do not need to spend more money on videos, you are the expert, I trust your opinion.
Motion by Jones, seconded by Lambert to adopt City Council Resolution No. 6801 - Approving the Transportation Impact Analysis Guidelines Dated April 29, 2024. The motion carried by the affirmative action of all Council Members present.
CANCELLATION OF THE REGULAR CITY COUNCIL MEETING SCHEDULED FOR WEDNESDAY, JULY 3, 2024 DUE TO THE 4TH OF JULY HOLIDAY. Motion by 52 Lambert, seconded by Begonia to cancel the Regular City Council Meeting scheduled for Wednesday, July 3, 2024 due to the 4th of July Holiday. The motion carried by the affirmative action of all Council Members present.
ADVISEMENT OF PUBLIC NOTICES. {Three Reports). Community & Economic Development Director Souza Elms stated that a Public Hearing will be held by the Los Banos Planning Commission on June 26, 2024 to consider a Categorical Exemption from the California Environmental Quality Act (CEQA) pursuant to Section 15315, Minor Land Divisions and Tentative Parcel Map #2024-01 to subdivide an approximate 27.10-acre parcel into five (5) parcels with a remainder, the proposed project is located within the Highway Commercial and Medium Density Zoning Districts at the southwest corner of Pacheco Blvd. and Ward Road, more specifically identified as Assessor's Parcel Number:
083-140-021; a Categorical Exemption from the California Environmental Quality Act (CEQA) and a Mobile Food Vendor Permit #2024-05 to allow the operation of a mobile food vending vehicle on private property for Maria De La Torre Alvarado dba Antojitos Lokos, the subject property is located within the Mixed-Use Zoning District at 702 I St., more specifically identified as Assessor's Parcel Number: 025-212-017; and a Categorical Exemption from the California Environmental Quality Act (CEQA) Pursuant to Section 15301, Existing Facilities, and Cottage Food Operation #2024-02 for Briana Hernandez Mercado OBA Bagel Barn at 1873 Loma Linda Circle, more specifically identified as Assessor's Parcel Number: 083-474-009.
CITY MANAGER REPORT. City Manager Pinheiro gave a big thank you to the Finance staff for putting in all the extra work for putting the information into the new ERP system, they brought forward the budget and this rate study, thank you to Council for that, how they did not post any videos and we did not allocate $3 million on pickleball courts, really exciting event this past Saturday was the first ever Drone Show and how it was held at Noah Jones Ball Park with events going on throughout the afternoon, a movie night and then the drone show, a lot in the community liked it and asked for it again, it was animal friendly, thanked all for the hard work in getting that done.
REPORT/UPDATE ON MERCED COUNTY ASSOCIATION OF GOVERNMENTS {MCAG), PENINSULA CLEAN ENERGY (PCE), MEASURE V COMMITTEE, AND SAN
JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT (SJVAPCD), AND LOS
BANOS DOWNTOWN PROPERTY & BUSINESS IMPROVEMENT DISTRICT (LBDPBID). Council Member Jones stated that June 29, 2024 is the Annual Fire Works show, farmers market that week is moved to June 29, the 4th of July event will have rides, how the Downtown Association will have a fireworks booth at the Target parking center with funds going to the fireworks show and events. Mayor Llanez stated that the next MCAG meeting is this week and he will report at the next meeting.
CITY COUNCIL MEMBER REPORTS:
DEBORAH LEWIS: Stated that tonight will be my 3rd request to get an update/results on the TOT tax audit and just wanted to say that doing a system crossover has nothing to do with getting a new auditor.
53 KENNETH LAMBERT: Thanked staff for doing an awesome job the last couple of weeks, with the audit you have to be doing an audit continuously and the need to extend and do an RFP, our City has been getting a lot of work done with this Council and will continue to get a lot of work done, well above our baseline and I will keep pushing to get things done that this City needs to in a forward position, we are staying above our threshold that we are required to stay above, I am not one to sit back and not see things get done, he will continue to support the departments on getting things done, we are spending a lot because we are fixing things that have not been done in the past, this Council has took it upon itself to move this City forward.
DOUGLAS BEGONIA, JR.: Thanks to all City staff for putting in amazing city work, the drone show was amazing, the whole day was amazing, good job to Mr. Heim, lots of people were impressed and excited about it, spoke to the water, wastewater, solid waste increases and how they understand those that protest an increase, like that it is locked in at 2.4% over the next 5 years, feels it is reasonable and families can plan for that, great for our community.
BRETT JONES: Stated that he attended the drone light show, was skeptical at first and was surprised at how cool it could be, all the kids out there cheered for it, thanked staff for putting on the drone show, hope to see more; with the TOT audit, he is under the impression that it is not completed yet for which Ms. Portillo responded that we received a preliminary report and it takes time. Council Member Jones stated that as soon as it is complete, I'm sure staff will bring it forward to Council for review.
PAUL LLANEZ: Stated that he was at the drone show as well, to the concerns with cost of $18,000 but compare it to what a typical firewood show cost, how a drone show is pet friendly, and the amount of messages he received for thanking the staff for getting it done; spoke to the legal ramifications of moving homeless people, how we cannot retrieve, steal, remove or take people's property, we plan to build a tiny home community, we can change our municipal to stop encampments when we meet the standard/goal; closing of De Anza and the park, he supports whatever needs to be done to open those back up, comments regarding the homeless manager position being authorized under Mr. Wellman and how the current City Manager was the one who hired the two humans, how cyber bullying is a real thing and asked the City Manager to look into the minutes situation on the website.
CLOSED SESSION - CONFERENCE WITH REAL PROPERTY NEGOTIATIONS, PURSUANT TO GOVERNMENT CODE SECTION 54956.8; PROPERTY LOCATED WEST OF THE WASTE WATER TREATMENT PLANT AND APPROXIMATELY 1 MILE NORTH OF HWY 152, LOS BANOS, CALIFORNIA, APPROXIMATELY 321. 7 ACRES (APNS: 424-010-008, 073-220-003, AND 084-010-003); CITY NEGOTIATORS: CITY MANAGER PINHEIRO. CITY ATTORNEY VAUGHN, COMMUNITY & ECONOMIC DEVELOPMENT DIRECTOR ELMS; NEGOTIATING PARTIES: MARILYN PROPERTIES INC.; UNDER NEGOTIATION: PURCHASE PRICE AND TERMS OF SALE. No reportable action.
54 ADJOURNMENT. Motion by Jones, seconded by Lambert, the meeting was adjourned at 9:10 p.m.
APPROVED:
Paul Llanez, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
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56 TO:
FROM:
DATE:
LOsBanos
Al tlte Cros~roads o C,,lijorn,a
Agenda Staff Report
Mayor and City Council Members
Joe Heim, Parks and Recreation Dire~
July 17, 2024
TYPE OF REPORT: Consent Agenda
SUBJECT: Rejecting All Bids for the Construction of the Community Center Perimeter Fence
Recommendation:
That the City Council adopts the Resolution to reject all bids for the Construction of the Community Center Perimeter Fence.
Background:
The Los Banos Community Center, located at 645 7th St., was constructed in 2009 and is one of the premier City-owned buildings.
The facility is utilized by all age groups and features amenities such as bocce ball courts, bench seating, courtyard space and parking.
The perimeter fence project would install a 6 foot fence around the perimeter of the east, south and west sides of the facility. The fence would be located along the inside path of the Rail Trail on the south side and connect to the building on the west and east ends.
The overflow parking lot would be enclosed with a gate connecting to the adjacent property. Gate access would also be located along connecting sidewalks.
A perimeter fence will increase security on-site and help to protect the facility from vandalism. The fence is also anticipated to create activity on the under-utilized south side of the building.
The Public Works Department held the bid opening on June 18, 2024. 57 Discussion:
The Public Works Department, through the office of the City Clerk, received only one (1) bid from the following contractor:
Contractor Location Bid Amount
Westside Landsca e & Concrete Newman $224,124.85
This bid amount was higher than the available budget of $175,000 from the Community Center fee account.
Per section 3-16.07 of the municipal code, the City Council may reject any and all bids presented if the Public Works Director, prior to rejecting all bids, furnishes a written notice to an apparent low bidder, informing the bidder of the City's intention to reject the bid at least two (2) business days prior to the hearing at which the City Council intends to reject the bid. All bids may be rejected whenever the agency determines that the cost is not reasonable, the cost exceeds the amount estimated, or otherwise in the best interest of the agency. Per section 6.028 of the State Contracting Manual, there is no basis for protest if the awarding agency rejects all bids based on the best interest of the agency.
Public Works staff will evaluate the project to determine why there was not more competition for the contract and why the unit prices were significantly higher than the budget. Staff will then evaluate if a redesign is warranted.
Fiscal Impact:
The project has been budgeted in account 244-410-100-720 for the amount of $175,000.00. Due to the bid result above, staff is recommending City Council to reject all bids.
Attachments:
Resolution
Bid Opening Sheet
Public Notice
Vanessa Portillo, Finance Director
58 RESOLUTION NO. __
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS REJECTING THE BIDS
FOR THE CONSTRUCTION OF THE COMMUNITY
CENTER PERIMETER FENCE PROJECT
WHEREAS, the City Council of the City of Los Banos received one (1) sealed bid for the construction of the Community Center perimeter fence project; and WHEREAS, the Sealed Bids for the construction of the Community Center perimeter fence project were officially opened on June 18, 2024; and WHEREAS, the City Council has the right to reject any or all bid proposals.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby reject all bids received for the construction of the Community Center perimeter fence project.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 17th day of July 2024, by Council Member _ _ _ who moved its adoption, which motion was duly seconded by Council Member _ _ _ and the Resolution adopted by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
Paul Llanez, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
59 THIS PAGE IS INTENTIONALLY LEFT BLANK
60 LOsBanos
thr Cmssrnads c1 California
BID OPENING
CONSTRUCTION OF COMMUNITY CENTER PERIMETER FENCE
June 18, 2024- 2:00 PM
1. Westside landscape & Concrete $224,124.85
Signe • -=------- --==----==-- ----- Sara Blevins
Assistant City Clerk/HR Analyst
Joe Heim
Parks & Recreation Director
Date: June 18, 2024
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62 Advertisement for Bids
CITY OF LOS BANOS
520 J Street
Los Banos, California 93635
Notice is hereby given that separate sealed bids for the award of contract for the Construction of Community Center Perimeter Fence will be received by the City of Los Banos at the office of the City Clerk until 2:00 p.m. PDT, June 18, 2024 and then at said office publicly opened and read aloud.
The major work consists of installation and improvements of perimeter fence along the proposed fence line, as well gate entrance.
The time for completion shall be forty-five (45) working days.
The Contract Documents, in their entirety, can be viewed and/or obtained from the City of Los Banos website at www.losbanos.org or at the following locations:
Central California Builders Exchange (www.cencalbx.com) Builders Exchange of Stockton (www.besonline.com)
Valley Builders Exchange, Inc. (www.valleybx.com)
Builders Exchange of Santa Clara County (www.bxscco.com) Dodge Data & Analytics (www.construction.com/plans/)
A payment bond prepared and executed in accordance with California Civil Code Section 9550 and a bond for faithful performance of the contract will be required of the successful bidder who is awarded the contract.
The successful bidder must comply with the latest general prevailing rate of per diem wages as determined by the Director of Industrial Relations, State of California, Department of Industrial Relations and is to be paid to the various craftsmen and laborers required to construct said improvements and is made a part of the specifications and contract for said work to which reference is hereby made for further particulars.
No contractor or subcontractor may be listed on a bid proposal or awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.
This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor registration information can be found at:
http://www. di r. ca. gov/Public-Works/PublicWorks.html Each bid shall be accompanied by cashier's or certified check or by a bidder's bond, made payable to the City of Los Banos and executed by a corporate surety licensed to issue surety bonds in the State of California, for an amount equal to at least ten percent (10%) of the amount of said bid and no bid shall be considered unless such cashier's or certified check or bidder's bond is enclosed therewith.
The successful bidder of this project shall have the following current and active California State Contractor's License at the time of the submission of the bid and throughout the duration of the contract: C-13.
63 Prospective bidders are required to attend a mandatory pre-bid meeting on May 23, 2024 at 2 p.m. at 645 Seventh Street, Los Banos, CA 93635.
Bids will not be considered from bidders who were not physically in attendance at the mandatory pre-bid meeting.
Bidders shall refer to the Contract Document's Information for Bidders for complete instructions.
Bidders are solely responsible for the cost of preparing their bids.
The City specifically reserves the right, in its sole discretion, to reject any or all bids, to re-bid, or to waive inconsequential defects, in bidding not involving time, or quality of the work. The City may reject any and all bids and waive any minor irregularities in the bids. 64 LOsBanos
t tht Cn, road oj tilif◄ t nid
Agenda Staff Report
TO: Mayor and City Council Members
- ,I 7
FROM: Joe Heim, Parks and Recreation Directo~
DATE: July 17, 2024
TYPE OF REPORT: Consent Agenda
SUBJECT: Accepting the Officer Noah Jones Ballpark Sidewalks Improvement Project complete and authorizing the filing of a Notice of Completion with the Merced County Recorder
Recommendation:
That the City Council adopt the Resolution to:
1. Accept the construction of the Officer Noah Jones Ballpark Sidewalks Improvement Project as complete; and
2. Authorize the City Manager to file the Notice of Completion with the Merced County Recorder; and
3. Authorize the Public Works Director/City Engineer to release the five (5) percent retention after the thirty-five (35) day period from the date of filing the Notice of Completion with the County Recorder.
Background:
Officer Noah Jones Ballpark, also known as 7th St. Ballpark, is located at 401 7th St. The Ballpark is owned by Merced County and leased to the City of Los Banos on a 25-year lease. The Ballpark is used throughout the year to host sporting activities.
Sports activities include PAL Softball, PAL Flag Football, Jr. Giants Baseball and Parks and Recreation Youth Tee-Ball and Coach Pitch.
Officer Noah Jones Ballpark is approximately 5.92 acres in size and includes four softball fields. Historically the fields have been primarily maintained by PAL and volunteer community members.
65 In 2019, the City of Los Banos constructed the restroom facility on-site and added a sidewalk pathway, with American Disability Act (ADA) entrances from the parking lot to the south-side of the fields.
The Officer Noah Jones Ballpark Sidewalks Improvement Project completed a full loop sidewalk around the perimeter of the four ballfields on-site. This sidewalk provides complete ADA access for the facility, including the primary PAL concession facility. These improvements coincide improvements to the landscape throughout the park.
Discussion:
Officer Noah Jones Ballpark is a heavily used sports complex for the City of Los Banos.
The improvements create safer playing conditions.
The bid opening for the project was held on March 5, 2024. The Public Works Department, through the office of the City Clerk, received nine (9) bids from the following contractors:
Ronnys Inc.
Redstone Construction Inc.
R Sutton Enterprise LLC
J.L. Plank Inc. dba Cen-Cal Construction
Granite Construction Company
Juarez Brothers GEN ENG Inc.
*RNR Paving Inc.
B&M Builders, Inc.
Bret Briggs Construction
Los Banos, CA $ 129,549.00
Atwater, CA $ 150,490.00
Vallecito, CA $ 201,368.75
Bakersfield, CA $ 154,451.00
Fresno, CA $ 182,630.30
Madera, CA $ 160,809.00
San Ramon, CA $ 183,295.62
Rancho Cordova, CA $ 173,252.50
Merced, CA $ 202,549.00
Staff reviewed each of the bid proposals for completeness. Ronnys, Inc. provided the lowest responsive and responsible bid for the project. Staff recommended Ronnys, Inc. be awarded the contract for the construction of the Sidewalk Construction at Officer Noah Jones Ballpark. City Council awarded the contract on March 20, 2024.
There were 3 change orders with this project. Change Order #1 at $5,544.00 consisted of additional concrete around the concession building to provide a larger plaza space for park users. Change Order #2 at $24,536.00 consisted of the widening of the sidewalk to reach edge of grass, which provided a larger space for pedestrian access .. Change Order #3 at $10,865.00 consisted of increasing the traffic rated sidewalk section to a 6" slab of concrete.
The total construction cost for this project was $170,494.00. This represents the original bid, plus three (3) change orders.
Fiscal Impact:
The fiscal impact of the project is budgeted from the line item 101-451-290-718 in the Measure H account. The total impact of the project was $170,494.00.00. 66 Reviewed by:
Vanessa Portillo, Finance Director
Attachments:
Resolution
Notice of Completion
67 THIS PAGE IS INTENTIONALLY LEFT BLANK
68 RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LOS BANOS ACCEPTING THE
OFFICER NOAH JONES BALLPARK
SIDEWALK IMPROVEMENTS PROJECT AS
COMPLETE AND AUTHORIZING THE FILING
OF A NOTICE OF COMPLETION WITH THE
MERCED COUNTY RECORDER
WHEREAS, on March 5, 2024 the City of Los Banos received competitive bids for the construction of the Officer Noah Jones Ballpark Sidewalk Improvements Project; and
WHEREAS, on March 20, 2024 the City Council awarded the Construction Contract to Ronnys Inc. for the construction of the Officer Noah Jones Ballpark Sidewalk Improvements Project; and
WHEREAS, the Public Works Director/City Engineer has determined, upon inspection, that all work has been completed in compliance with the plans and specifications, and in accordance with the approved contract.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby accept the Officer Noah Jones Ballpark Sidewalk Improvements Project as complete; authorize the City Manager to file a Notice of Completion with the Merced County Recorder within ten (10) days after acceptance; and authorize the Public Works Director/City engineer to release the five (5) percent retention held in escrow after the thirty-five (35) days from the date of filing the Notice of Completion.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 17th day of July 2024, by Council Member __ _ who moved its adoption, which motion was duly seconded by Council Member __ _ and the Resolution adopted by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
Paul Llanez, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
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72 RECORDING REQUESTED BY:
WHEN RECORDED RETURN TO:
CITY OF LOS BANOS
520 'J' Street
Los Banos, California 93635
NOTICE IS HEREBY GIVEN:
NOTICE OF COMPLETION
1. That the interest of estate stated in paragraph 3 below in the real property hereinafter described is owned by the following:
NAME STREET AND NO.
CITY OF LOS BANOS 520 'J' Street
CITY
Los Banos
STATE
California
(If more than one owner of the interest stated, the name and address of each must be inserted.)
2. That the full name and address of the owner of said interest or estate, if there is only one owner, and the full names and addresses of all the co-owners who own said interest or estate as joint tenants, as tenants in common or otherwise, if there is more than one owner, are set forth in the preceding paragraph.
3. That the nature of the title of said owner, or if more than one, then of said owner and co-owner is: In Fee.
4. That on July 17, 2024, a work of improvement on the real property hereinafter described was completed.
5. That the name of the original contractor, if any, for such work of improvement was _______ _ _____ _ Ronnys, Inc.
(If no contractor for work of improvement as a whole, insert "No Contractor.")
6. That the real property herein referred to is situated in the _____ _,C=i"'-ty,_o=f'-'L=o=s"-'B=an=o=s'------------- County of Merced State of California, and is described as follows:
"Officer Noah Jones Ballpark Sidewalk Improvements"
The major work consists of demolition/removal of existing lawn outfield and corresponding infield as shown, adjustment of existing sprinkler heads, addition of new rotors, minor grading, soils analysis and corresponding soil amendments, new sod/lawn turf and maintenance period.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: CITY OF LOS BANOS
Owner
Place: Los Banos, California By: ------------------
ACKNOWLEDGMENT
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74 LOsBanos
f ,,. lifornra
Agenda Staff Report
TO: Mayor and City Council Members
FROM: Charles Bergson, P.E., Public Works Director/
DATE: July 17, 2024
TYPE OF REPORT: Consent Agenda
SUBJECT: Entering into a Professional Services Agreement with Carollo Engineers, Inc. for Water Master Plan Update
Recommendation:
That the City Council adopt the Resolution entering into a Professional Services Agreement with Carollo Engineers, Inc. (Carollo) to update the City's Water Master Plan in the amount of $246,500.00.
Background:
The current Water Master Plan (master plan) was completed in September 2008 and amended in March 2010 by Carollo. The master plan is crucial for overcoming challenges such as planning for future growth, addressing aging infrastructure, and navigating limited resources. The plan is key to achieving water-related goals by outlining a vision and roadmap over the next 20 years.
The Water Master Plan is a comprehensive document that outlines the City water distribution system and provides guidance for the design, construction, operation, and maintenance of water infrastructure, including distribution pipes, wells, tanks and other related facilities. The Water Master Plan includes an inventory and assessment of existing water facilities, an analysis of current and future needs, and recommendations for improvements to the water system.
Discussion:
On March 15, 2024 the City released a Request for Proposals soliciting the services of a qualified consultant to update the City's Water Master Plan. The submission deadline was April 17, 2024 and the City received three proposals:
75 1 . MKN & Associates
2. Carollo Engineers, Inc.
3. Black Water Consulting Engineers
A selection committee reviewed the proposals, held interviews and ranked Carollo as the most qualified consultant to provide the requested services. The committee recommended that the City enter into a Professional Services Agreement with Carollo to update the Water Master Plan.
If approved, Carollo will begin the process of preparing the Water Master Plan update upon notice to proceed. It is anticipated that the update will be completed in approximately sixteen (16) months once the project is initiated. The plan preparation process will include:
• Complete review of City related documents and policies • Site visits and data collection to assess the existing water distribution system and develop the plan
• Develop a Hydraulic Model and evaluate water capacity and identify deficiencies • Identify Improvement Projects and funding sources and include short- and longterm funding options This project will also include stakeholder meetings. The Project kickoff meeting and progress meetings held between City and Carollo staff will serve as the primary functional element to review the progress of the project, identify the various issues that need to be addressed, develop a consensus on the proposed response, and provide an opportunity to coordinate these efforts. In addition, stakeholder meetings will be conducted by Carollo in coordination with the City to involve key stakeholders identified by the City and will be an important element in conveying project recommendations and components.
Once completed, the Water Master Plan Update will serve as a guide for the next 20 years and will outline and prioritize maintenance and capital needs, as well as propose long-term sustainable funding mechanisms. Once the draft is complete, City staff will return to City Council for review and approval of the document.
Fiscal Impact:
Sufficient funds have been budgeted in the Fiscal Year 2024-2025 Budget Account 501- 461-100-735 ($250,000.00), Water Master Plan Studies.
Vanessa Portillo, Finance Director
Attac
Resolution
PSA with Exhibit A - Proposal, and Exhibit B - Schedule of Fees 76 RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT BETWEEN THE CITY
OF LOS BANOS AND CAROLLO ENGINEERS,
INC. TO UPDATE THE WATER MASTER PLAN.
WHEREAS, on March 15, 2024 the City of Los Banos received proposals for consultant services to update the Water Master Plan; and WHEREAS, the selection committee reviewed the proposals and concluded that Carollo Engineers, Inc. was the most-qualified firm to provide the requested services; and
WHEREAS, the City Attorney has prepared the Professional Services Agreement between the City of Los Banos and Carollo Engineers, Inc. for said services; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby authorize the City Manager to execute the Professional Services Agreement with Carollo Engineers, Inc. to update the Water Master Plan in the amount of $246,500.00.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 17th day of July 2024, by Council Member __ _ who moved its adoption, which motion was duly seconded by Council Member - -- and the Resolution adopted by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
Paul Llanez, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
77 THIS PAGE IS INTENTIONALLY LEFT BLANK
78 PROFESSIONAL SERVICES AGREEMENT
FOR WATER MASTER PLAN UPDATE
[Carollo Engineers, Inc.]
THIS AGREEMENT is made and entered into this __ day of ____ 2024, by and between the City of Los Banos, a municipal Corporation (herein referred to as "City") and Carollo Engineers, me., a Delaware corporation (herein referred to as "Consultant").
RECITALS
A. WHEREAS, City is in need of Professional Services as described herein below; B. WHEREAS, Consultant represents that it has that degree of specialized expertise contemplated within California Government Code, Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; C. WHEREAS, City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement;
D. WHEREAS, City and Consultant desire to contract for the specific services described below and desire to set forth their rights, duties and liabilities in the services to be performed; and
E. WHEREAS, no official or employee of City has a financial interest, within the provisions of California Government Code, Sections 1090-1092, in the subject matter of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:
1. Term. The term of this Agreement shall commence upon execution of this Agreement and City's issuance to Consultant a notice to proceed for all or a portion of the work and shall terminate upon City's acceptance and payment for all or such portion of the work as was authorized by such notice, unless terminated earlier as set forth herein.
2. Scope of Services. Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion.
2.1. Notwithstanding services described above, the City may request and Consultant may agree to perform other services. The scope of such services and compensation shall be agreed to in writing, signed by both parties and shall become a part of this Agreement.
WA V03. I 4.2024 1
79 2.2. All professional services shall be performed by Consultant or under Consultant's supervIS1on. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional Consultants in accordance with sound professional practices.
2.3. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.
2.4. The City shall furnish the Consultant available studies, reports and other data pertinent to the Consultant's services; obtain or authorize the Consultant to obtain or provide additional reports and data as required; furnish to the Consultant services of others required for the performance of the Consultant's services hereunder, and the Consultant shall be entitled to use and reasonably rely upon all such information and services provided by the City or others in performing the Consultant's services under this Agreement.
2.5. In providing opinions of cost, financial analyses, economic feasibility projections, schedules, and quantity and/or quality estimates for potential projects, the Consultant has no control over cost or price of labor and material; unknown or latent conditions of existing equipment or structures that may affect operation and maintenance costs; competitive bidding procedures and market conditions; time or quality of performance of third parties; quality, type, management, or direction of operating personnel; the incoming water quality and/or quantity; the way the City 's plant(s) and/ or associated processes are operated and/or maintained; and other economic and operational factors that may materially affect the ultimate project elements, including, but not limited to, cost or schedule. Therefore, the Consultant makes no warranty that the City's actual project costs, financial aspects, economic feasibility, schedules. and/or quantities or quality realized will not vary from the Consultant's opinions, analyses, projections, or estimates.
3. Time of Performance. Time is of the essence in the performance of services under this Agreement and Consultant shall perform the services in accordance with the Project Schedule attached hereto as Exhibit B and incorporated herein by reference. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City.
3.1. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed.
4. • Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit C attached hereto and made a part of this Agreement (the "Fee Schedule").
Consultant's compensation shall in no case exceed $246,500.00.
4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person who performed the WA V03.14.2024 2
80 work, a brief description of the services performed and the specific Task in the Scope of Services to which it relates, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. City shall pay Consultant no later than thirty (30) days after receipt of the monthly invoice by the City.
4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in advance by City. Unless otherwise approved, such costs shall be limited and in accordance with the fee schedule attached hereto as Exhibit C and incorporated herein by reference.
4.3 Consultant shall not receive any compensation for Additional Work without the prior written authorization of City. As used herein, "Additional Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Additional Work shall be billed in accordance with the Billing Rates as set forth in Exhibit C and on the terms set forth in this Article 4.
5. Contract Administration. The Public Works Director/City Engineer shall have the authority to act for City under this Agreement. The Public Works Director/City Engineer or his/her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. Consultant shall designate a representative for purposes of this Agreement who shall have the authority to act for Consultant under this Agreement.
6. Project Managers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement. Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term.
7. Indemnification. To the fullest extent permitted by law, Consultant shall defend (with counsel acceptable to City), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, negligence, recklessness, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, this Agreement, including without limitation the payment of all damages, expert witness fees and attorney's fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
7.1. If Consultant's obligation to defend, indemnify, and/or hold harmless arises out of Consultant's performance of "design professional" services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which WAV03.14.2024 3
81 is fully incorporated herein, Consultant's indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the Consultant's proportionate percentage of fault.
8. Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of work. Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by the City Attorney prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City Attorney.
D. Coverage Requirements.
i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers. If Consultant has no employees while performing Services under this Agreement, workers' compensation policy is not required; however, Consultant shall execute a declaration that it has no employees.
ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence, four million dollars ($4,000,000) general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Consultant's general liability policies shall be primary and non-contributory, and be endorsed using Insurance Services Office form CG 20 10 to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. For construction contracts, an endorsement providing completed operations to the additional insured, ISO form CG 20 37, is also required.
WA V03.14.2024 4
82 m. Automobile Liabilit Coverage. Consultant shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than two million dollars ($2,000,000) per accident. If Consultant owns no vehicles, this requirement may be met through a non-owned auto endorsement to the CGL policy.
iv. Professional Errors and Omissions Insurance. Consultant shall maintain professional liability insurance that insures against professional errors and omissions that may be made in performing the Services to be rendered in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and not less than two million dollars ($2,000,000) in the annual aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement, and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement. The cost of such insurance shall be included in Consultant's bid.
E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant.
ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self-insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder.
n1. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the msurmg company.
iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers.
v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non-payment of premium) written notice has been received by City.
WA V0J.14.2024 5
83 8.1. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.
8.2 Consultant shall not allow any subcontractors or sub consultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or sub consultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or sub consultants.
9. Nondiscrimination. In the performing of this Agreement, Consultant shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation race, religion, color, national origin, handicap, ancestry, sex or age.
10. Independent Contractor. It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services.
10.1. The Consultant shall at all times remain an independent Contractor with respect to the services to be performed under this Agreement and shall be responsible for the payment of Federal and State Employer Withholding Taxes, Unemployment Insurance Taxes, FICA Taxes, Retirement, Life and/or Medical Insurance, and Worker's Compensation Insurance for the employees of the Consultant or any other person performing services under this Agreement.
Consultant and its employees are not entitled to the rights or benefits afforded to City's employees, including disability or unemployment insurance, workers' compensation, medical insurance, sick leave, or any other employment benefit. Consultant agrees to indemnify and hold City harmless from any· claims, costs, losses, fees, penalties, interest, or damages suffered by City as a result of any claim by any person or entity contrary to the provisions of this Section 10.
11. Subcontracting. Nothing contained in this contract or otherwise, shall create any contractual relation betvveen the City and any sub consultant(s), and no subcontract shall relieve Consultant of its responsibilities and obligations hereunder. Consultant agrees to be as fully responsible to the City for the acts and omissions of its sub consultant(s) and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons WAV0J.14.2024 6
84 directly employed by Consultant. Consultant's obligation to pay its sub consultant(s) is an independent obligation from the City's obligation to make payments to the Consultant.
11.1. Consultant shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this contract shall be subcontracted without written authorization by the City's Contract Administrator.
11.2. Consultant shall pay its sub consultants within ten (10) calendar days from receipt of each payment made to Consultant by the City.
11.3. All subcontracts entered into as a result of this contract shall contain all the provisions stipulated in this Agreement to be applicable to sub consultants.
11.4. Any substitution of sub consultant(s) must be approved in writing by City's Contract Administrator prior to the start of work by the sub consultant(s).
12. Ownership of Documents. All documents, information and materials of any and every type furnished or prepared by the Consultant or any of its subcontractors pursuant to and in the course of performance of this Agreement shall be and remain the sole and exclusive property of the City. Such documents, information and materials shall include but not be limited to all findings, reports, plans, specifications, studies, drawings, estimates, documents, information and data including, but not limited to, electronic media, computer tapes or discs, files, and tapes furnished or prepared or accumulated by the Consultant in performing work under this Agreement, whether completed or in process. City shall have the sole right to use such documents, materials and information in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such documents, materials and information to City upon prior written request.
12.1. All Documents shall be considered works made for hire and all Documents and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of the City without restriction or limitation upon their use, duplication or dissemination by the City.
Consultant shall not obtain or attempt to obtain copyright protection as to any Documents.
12.2. Nothing herein shall constitute or be construed to be any representation by Consultant that the work product is suitable in any way for any other project except the one detailed in this Agreement. Any reuse by City for another project or project location shall be at City's sole risk.
13. Confidentiality. All City information disclosed to Consultant during the course of performance of services under this Agreement shall be treated as confidential and shall not be disclosed to any other persons or parties except as authorized by City, excepting that information which is public record and subject to disclosure pursuant to the Public Records Act, or otherwise required by law. All documents, including drafts, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release WAV0J.14.2024 7
85 of information, excepting that information which is public record and subject to disclosure pursuant to the Public Records Act, or otherwise required by law.
14. Access to Records. Consultant shall maintain all books, records, documents, accounting ledgers, and similar materials relating to work performed for City under this Agreement on file for at least three (3) years following the date of final payment to Consultant by City. Any duly authorized representative(s) of City shall have access to such records for the purpose of inspection, audit and copying at reasonable times, during Consultant's usual and customary business hours. Consultant shall provide proper facilities to City's representative(s) for access and inspection. Consultant shall be entitled to reasonable compensation for time and expenses relate to such access and inspection activities, which shall be considered to be an additional service to the City, subject to the provisions of Section 4 hereinabove.
15. Conflict of Interest. The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 15 .1. If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section.
15.2. Consultant represents that neither Consultant, nor any of its employees, agents or subcontractors, have a conflict of interest with respect to the work to be performed under this Agreement, nor shall such individuals, during this term of this Agreement, acquire any interest, which would conflict in any manner with the performances of services hereunder.
16. Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant's sole cost and expense.
17. Compliance with Laws. Rules, Regulations. Consultant shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement.
WA V0J.14.2024 8
86 18. Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain a valid Business License from City during the term of this Agreement.
19. Integration; Amendment. This Agreement represents the entire understanding of City and Consultant as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered in it. This Agreement may not be modified or altered except by amendment in writing sign by both parties.
City's city manager, or designee, may execute any such amendment on behalf of City.
20. Severability. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of the Agreement shall continue to be in full force and effect.
21. WaiverNalidity. Consultant agrees that waiver by City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver of any other condition of performance under this Agreement. The acceptance by the City of the performance of any work or services by Contractor shall not be deemed to be a waiver of any term or condition of this Agreement.
22. Jurisdiction. City and Consultant agree that the law governing this Agreement shall be that of the State of California. Any suit brought by either party against the other arising out of the performance of this Agreement shall be filed and maintained in the County of Merced.
23. Notice. Any notices required to be given pursuant to this Agreement shall be deemed to have been given by their deposit, postage prepaid, in the United States Postal Service, addressed to the parties as follows:
To City:
Charles Bergson, P .E.
Public Works Director/City Engineer
411 Madison A venue
Los Banos, California 93635
To Consultant:
Ryan Orgill, P .E.
1401 Fulton Street, Suite 802
Fresno, CA 93721
Nothing hereinabove shall prevent either City or Consultant from personally delivering any such notices to the other.
WA V03.14.2024 9
87 24. Termination. City may, in its sole discretion, terminate this Agreement at any time and for any reason whatsoever by giving written notice of such termination to Consultant.
In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. In the event of such termination, Consultant shall be entitled to compensation for all services rendered and work performed for City to the date of such termination.
25. • Corrective Measures. Consultant will promptly implement any corrective measures required by City regarding the requirements and obligations of this Agreement.
Consultant will be given a reasonable amount of time as determined by the City to implement said corrective measures. Failure of Consultant to implement required corrective measures shall result in immediate termination of this Agreement.
26. Corrections. In addition to the above indemnification obligations, the Consultant shall correct, at its expense, all errors in the work which may be disclosed during the City's review of the Consultant's report or plans. Should the Consultant fail to make such correction in a reasonably timely manner, such correction shall be made by the City, and the cost thereof shall be charged to the Consultant. In addition to all other available remedies, the City may deduct the cost of such correction from any retention amount held by the City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction.
27. Acceptance Of Facsimile Or Electronic Signatures. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature.
28. Authority. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein.
29. No Third Partr Beneficiaries. Nothing in this agreement shall be construed to create or extend any rights to any third parties as third party beneficiaries.
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WAV03.14.2024
88 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates set forth below.
Date: _ _ ___ ____, 2024
Date: ___ __ ~ 2024
ATTEST:
CITY CLERK
Lucille L. Mallonee, City Clerk
APPROVED AS TO FORM:
William A. Vaughn
City Attorney
WAV0J.14.2024 11
CAROLLO ENGINEERS, INC., a
Delaware corporation
by:
Title:
CITY OF LOS BANOS, a California
municipal corporation
by: Josh Pinheiro
Title: City Manager
89 THIS PAGE IS INTENTIONALLY LEFT BLANK
90 EXHIBIT A - SCOPE OF SERVICES
SCOPE OF SERVICES
Task 1: Project Kickoff and Work Plan
To kick of the project, the selected team shall meet with the City to develop a final work plan and budget based on this RFP and the winning proposal. At a minimum, the following elements shall be included:
• Refined scope of work with detailed tasks and objectives. • Detailed schedule identifying key milestones and deliverables. • Public engagement plan, which includes a defined strategy to coordinate with other efforts that are underway in the City.
• Staffing plan which identifies consultant and City staff roles.
Task 2: City Policy, Document Review and Existing Conditions Review plans, policies, projects, and data from existing resources that can be utilized in the update of the Water Master Plan, as well as perform necessary field work to obtain information and data needed for modeling and analysis. Documents will include, but are not limited to:
• General Plan Update 2042
• General Plan EIR
• Master Plan for Water Amended March 2010
• Groundwater Sustainable Plan (GSP)
Task 3: Data Collection and Analysis
Locate water infrastructure elements, including pipes, valves, hydrants, wells, storage tanks and map system on GIS; survey and assess conditions of water infrastructure and determine capacities of existing facilities; include determination of capacity needs or engineered solutions; develop a new hydraulic modeling.
Conduct the necessary site visits and provide the data collection needs to develop the Plan. The development of the Master Plan will require the Consultant to develop a thorough understanding of the water system, including the operation and maintenance practices of the various water systems. The Consultant shall review and evaluate City information and available data.
Task 3.1: Hydraulic Model
Develop a hydraulic model of the City's water system to evaluate the system capacity and identify deficiencies. The Consultant shall provide a recommendation on a hydraulic model for the City and develop that model. The model shall assess the conveyance capacity for the distribution system and perform "what if' scenarios to assess the impacts of future developments and land use changes.
Task 4: Identify Improvement Projects and Funding Source Identify improvements necessary to address existing system deficiencies as well as new facilities required for providing continued reliable service through a twenty (20) year horizon. Provide phasing of short-and long-term improvements, capital cost requirements, cost estimates which incorporate the CPI, and implementation schedule. The proposed improvements should be categorized as high, medium, and low need based on the extent and nature of the problem identified 91 along with potential impacts of not addressing (i.e. damage from flooding and sink holes) as well as include a priority ranking factor based on whether the improvements require roadway pavement excavation in a street identified to be repaved. The timeline for CIP planning will be determined upon completion of the identification of needed improvements but is anticipated to be a priority five-year schedule, followed by year 5 - 10 completion of all other nonminor improvements.
Complete a preliminary cost estimate for each project, and present cumulative costs for each CIP year and overall program.
Task 4.1: Identify Short- and Long-Term Funding Options Identify short- and long-term funding options for the water CIP projects and on-going maintenance. Provide a detailed review of what other model California cities are doing to fund their systems, and recommend a series of funding strategies for the City to consider.
Task 5: Prepare Master Plan Report
The Consultant will incorporate the findings and recommendations of the project into a Water Master Plan report. The report will document study assumptions and methodology, recommended design and performance criteria, model results, approach for capacity enhancement, and the recommended CIP. The appendices to the report will include the pertinent backup data (e.g., model results) that support the plan.
Task 6: Plan Adoption
This task includes the plan adoption phase, allowing time and effort to present to the public and City Council form comment and review leading up to the adoption by City Council. 92 ~~ --~
EXHIBIT B - PROJECT SCHEDULE
ORGANIZATION AND APPROACH
--:::::=:::::::: ~
~-=~
PROJECT SCHEDULE
We have developed a preliminary project schedule based on our understanding of the scope of services described in the RFP. Carollo's proposed schedule allows the City to make key decisions early and throughout the project while still providing the diligence required for confidence in the results.
Kickoff Meeting
Work Plan
Task 2 - City Policy, Document Review
and Existing Conditions
City Policy and Document Review
Develop Planning and Evaluation Criteria
Summarize Existing Conditions
Task 3 - Data Collection and Analysis
Data Collection
Operations Field Visit
Model Calibration Plan
Pressure Logger Deployment and
Fire Flow Field Testing
Updated Land Use and Water Demand Projections
Develop GIS Database
Task 3.1 - Hydraulic Model
Hydraulic Model Conversion
Hydraulic Model Update
Hydraulic Model Calibration
Existing and Future System Evaluation
Task 4 - Identify Improvement Projects
and Funding Source
Identify Preliminary Improvement Alternatives
Develop Recommended Existing and Future
System Improvements
Project Prioritization
Perform Cost Analysis
Develop Capital Improvement Plan
Task 4.1 - Identify Short- and Long-Term
Funding Options
Identify Short- and Long-Term Funding Options
Task 5 - Prepare Master Plan Report
Draft Master Plan Report
Final Master Plan
Task 6 - Plan Adoption
Project Meetings and Biweekly Check-Ins
Stakeholder Meetings
City Council Presentations and Adoption
CAROLLO / PROPOSAL / APRIL 2024 \l('-8['.i\:;:;~·1-Dmff•.t1i1arke:;nPJ--·_; SL'ilS·•_C'1tP i:SGtFr :'" ,. M , ---• Operations Field Visit
1. Demand Projection
Meeting
2. Model Calibration
Meeting
3. Recommended
Improvements Meeting
4. Draft CIP Meeting
5. Draft Master
Plan Meeting
6. Final Master
Plan Meeting
and Data Collection
City Council
Presentation
• Task
A Meetings
Deliverable
Recommended Improvements
Technical Memorandum
Draft Master
Plan Report
Final Master
Plan Report
13 93
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94 EXHIBIT C - FEE SCHEDULE
Consultant shall provide an itemized schedule of rates and fees which includes all billing amounts and costs for each Task.
Task amounts are considered to be not-to-exceed amounts.
Task 1: Project Kickoff and Work Plan ..................................... ...... $ __ _,8=8=0,e__;: O"'---- Task 2: City Policy, Document Review and Existing Conditions ............. $ ___ 1 .. ,2_5 .... 0..,0 __ _ Task 3: Data Collection and Analysis ............................................... $ __ 3_4_.a_o_o _ _ _ Task 3.1: Hydraulic Model ........................................................... $ __ 5_6_,6_o_o __ _ Task 4: Identify Improvement Projects and Funding Source ................... $ ___ 46_,3_o_o __ _ Task 4.1: Identify Short- and Long-Term Funding Options .................... $ ___ 2s_.a_o_o __ _ Task 5: Prepare Master Plan Report ................................................. $ ___ 32_,4_o_o __ _ Task 6: Plan Adoption .................. ....................................... ........ $ ___ 2_9,_20_0 __ _ Total: $246,500
Consultant Rate Schedule:
The rate for any authorized additional services is shown below:
Position Title Hourly Rate
Senior Professional $314
Lead Project Professional $295
Project Professional $275
Professional $255
Assistant Professional $214
Senior Technician $240
Technician $185
--see attached Coro/lo Engineers 2024 Fee Schedule for all billing rates.
CAROLLO / COST PROPOSAL / APRIL 2D24 \. 1.:-CD-1 .SD-;:;·.·; ~.lurK-.:: ''.;· .. ,· ···:·:su:!:;'C :::-:<'.S~l{f•N::,/.~.:: ::~ ~;-;o~ ,•~;. -·~: : ... ~~;-·:~::-:: , ... _,.?n~p~ ;-;.:.=::tit:f'!(;:J-Ci>},_:Jr,.1;-:(•::.-:
95 THIS PAGE IS INTENTIONALLY LEFT BLANK
96 LOsBanos
At the Crossroads of Californiu
Agenda Staff Report
TO: Mayor & City Council Members
FROM: Charles Bergson, P.E., Public Works Direc
DATE: July 17, 2024
TYPE OF REPORT: Consent Agenda
SUBJECT: Authorizing Award of Construction Contract to Rolfe Construction, Inc. in the amount of $577,590.00 with a 10% Contingency in the amount of $57,759.00 for Monroe Avenue Waterline Project
Recommendation:
That the City Council adopts the Resolution awarding the contract of the construction of Monroe Avenue Waterline project Rolfe Construction, Inc. and authorize the City Manager to execute the Construction Contract Agreement in the amount of $577,590.00. Staff is requesting a 10% contingency of $57,759.00. The administration of this contract, including the 10% contingency, is to be performed by the Public Works Director/City Engineer.
Discussion:
The City of Los Banos adopted the Amended Water Distribution System Master Plan in 2010. One of the planned infrastructure improvements was the replacement of a current 4-inch water line with an 8-inch waterline on Monroe Avenue, from Hillview Drive to Sixth Street, and on Sixth Street, from Page Avenue to Madison Avenue. The project is designed to increase required fire flows and meet the necessary water supply criteria in the area.
The Public Works Department enlisted the services of our consultant, Gouveia Engineering Inc., to design the project. Once the design was ready, staff released the project for advertisement on Wednesday, May 15, 2024. The bid opening was held on Thursday, June 13, 2024. The Public Works Department, through the office of the City Clerk, received five (5) bids from the following contractors:
97 Rolfe Construction Company
Taylor Backhoe Services, Inc.
DG Construction, Inc.
Mid Cal Pipeline & Utilities, Inc.
Lawrence Backhoe Service, Inc
Atwater
Merced
Clovis
Merced
Atwater
$577,590.00
$668,261.64
$680,816.00
$691,410.00
$791,029.00
Staff reviewed all of the bid proposals. Rolfe Construction, Inc. has provided a responsive and responsible bid for the project. Staff is recommending Rolfe Construction, Inc. be awarded the contract for the construction of Monroe Avenue Waterline project. Staff is recommending a contingency of ten percent (10%). The administration of this contract, including the 10% contingency, is to be performed by the Public Works Director/City Engineer.
Environmental Analysis:
Pursuant to the California Environmental Quality Act (CEQA) and the City of Los Banos Environmental Quality Guidelines, an Initial Study was prepared to identify and assess potential environmental impacts as a result of this project. Through the Initial Study, staff determined that the project would not result in any significant adverse effects and the project can be categorically exempt pursuant to Section 15301 (b), Existing Facilities. The project involves the replacement of an existing publicly-owned utility used to provide water services to the public.
Fiscal Impact:
Funds for this project have been programmed into water fund 501-461-100-739 in the 2024-2025 fiscal year budget.
Attachments:
Resolution
Bid Opening Sheet
Public Notice
Contract Agreement
Site Map
Vanessa Portillo, Finance Director
98 RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS AUTHORIZING AWARD
OF CONSTRUCTION CONTRACT TO ROLFE
CONSTRUCTION, INC. IN THE AMOUNT OF
$577,590.00 WITH A 10% CONTINGENCY IN THE
AMOUNT $57,759.00 FOR THE MONROE
AVENUE WATERLINE PROJECT
WHEREAS, the City of Los Banos Public Works Department received competitive bids on June13, 2024 for the purpose of constructing the Monroe Avenue Waterline project in the City of Los Banos; and
WHEREAS, the Public Works Department has determined, after receiving competitive bids, that Rolfe Construction, Inc. provided the lowest responsive and responsible bid in the amount of $577,590.00; and
WHEREAS, the Public Works Department requests the City Council authorize a 10% contingency in the amount of $57,759.00; and
WHEREAS, the Public Works Department requests the City Council authorize the City Manager to execute the Construction Contract Agreement with Rolfe Construction, Inc. and authorize the Public Works Director/City Engineer to administrate the Construction Contract including the 10% contingency; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA) and the City of Los Banos Environmental Quality Guidelines the Monroe Avenue Waterline project was adequately evaluated and determined to be categorically exempt pursuant to Section 15301(b), Existing Facilities.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby accept and award the construction bid of Rolfe Construction, Inc. in the amount of $577,590.00 with a 10% contingency in the amount of $57,759.00, authorizes the City Manager to execute the Construction Contract Agreement, and authorizes the Public Works Director/City Engineer to administrate the Construction Contract including the 10% contingency.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 17th day of July 2024, by Council Member ___ who moved its adoption, which motion was duly seconded by Council Member ___ and the Resolution adopted by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
Paul Llanez, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
99 THIS PAGE IS INTENTIONALLY LEFT BLANK
100
LOsBanos
..t· Cw,~mcu ., .. di/m
BID OPENING
MONROE AVE WATERLINE REPLACEMENT
June 13, 2024, 2:00 PM
1. Taylor Backhoe Service Inc. dba TBS Contractors
2. Mid Cal Pipeline &Utilities, Inc.
3. Lawrence Backhoe Service, Inc.
4. Rolfe Construction Inc.
5. DG Construction Inc.
Signed:
Lucille
~ L. Mallonee, -/. ~ MMC
City Clerk/Human Resources Director
Jel e de Melo, Administrative Coordinator
Public Works Department
$668,261 .64
$691,410.00
$791,029.00
$577,590.00
$680,816.00
Dated: June 13, 2024
101
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102
Advertisement for Bids
CITY OF LOS BANOS
520 J Street
Los Banos, California 93635
Notice is hereby given that separate sealed bids for the award of contract for the Construction of Monroe Ave Waterline Replacement will be received by the City of Los Banos at the office of the City Clerk until 2:00 p.m. Pacific Daylight Time, June 13, 2024 and then at said office publicly opened and read aloud.
The major work consists of furnishing and installing approximately 2,259 linear feet of waterlines, 11 water valves, transferring 33 water services, 3 fire hydrants, concrete and pavement repairs on Monroe Avenue and 6th Street in the City of Los Banos.
The time for completion shall be forty (40) working days.
The Contract Documents, in their entirety, can be viewed and/or obtained from the City of Los Banos website at www.losbanos.org or at the following locations:
Central California Builders Exchange (www.cencalbx.com) Builders Exchange of Stockton (www.besonline.com)
Valley Builders Exchange, Inc. (www.valleybx.com)
Builders Exchange of Santa Clara County (www.bxscco.com) Dodge Data & Analytics (www.construction.com/plans/)
A payment bond prepared and executed in accordance with California Civil Code Section 9550 and a bond for faithful performance of the contract will be required of the successful bidder who is awarded the contract.
The successful bidder must comply with the latest general prevailing rate of per diem wages as determined by the Director of Industrial Relations, State of California, Department of Industrial Relations and is to be paid to the various craftsmen and laborers required to construct said improvements and is made a part of the specifications and contract for said work to which reference is hereby made for further particulars.
No contractor or subcontractor may be listed on a bid proposal or awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.
This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor registration information can be found at:
http://www.dir.ca.gov/Public-Works/PublicWorks.html
Each bid shall be accompanied by cashier's or certified check or by a bidder's bond, made payable to the City of Los Banos and executed by a corporate surety licensed to issue surety bonds in the State of California, for an amount equal to at least ten percent (10%) of the amount of said bid and no bid shall be considered unless such cashier's or certified check or bidder's bond is enclosed therewith.
The successful bidder of this project shall have the following current and active California State Contractor's License at the time of the submission of the bid and throughout the duration of the contract: Class A or C34.
Prospective bidders are required to attend a mandatory pre-bid meeting, held at 411 Madison Avenue Los Banos, CA on May 30, 2024 at 10:00 a.m.
Bids will not be considered from bidders who were not physically in attendance at the mandatory pre-bid meeting.
Bidders shall refer to the Contract Document's Information for Bidders for complete instructions. 103
Bidders are solely responsible for the cost of preparing their bids.
The City specifically reserves the right, in its sole discretion, to reject any or all bids, to re-bid, or to waive inconsequential defects, in bidding not involving time, or quality of the work. The City may reject any and all bids and waive any minor irregularities in the bids. 104
Agreement
THIS Agreement is dated as of the ____ day of ___ in the year 2024 by and between the City of Los Banos, a California municipal corporation ("Owner") and Rolfe Construction Inc. ("Contractor").
Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows:
1. WORK. Contractor shall complete the work indicated in Owner's Contract Documents entitled "Monroe Ave Waterline Replacement."
The work is generally described as follows:
• The major work consists of furnishing and installing approximately 2,259 linear feet of waterlines; 11 water valves, transferring 33 water services, 3 fire hydrants, concrete and pavement repairs on Monroe Avenue and 6th Street in the City of Los Banos.
• Contractor shall furnish all of the material, supplies, tools, equipment, labor and other services necessary for the construction and completion of the work described herein.
2. CONTRACT TIME. Contractor shall commence the work required by the Contract Documents within 10 calendar days after the date of the Notice to Proceed and will complete the same within the time period set forth in the bid, unless the period for completion is extended otherwise by the Contract Documents.
3. LIQUIDATED DAMAGES. Owner and Contractor recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the work is not completed within the time specified in Paragraph 2 herein, plus any extensions thereof allowed in accordance with Paragraph 21, Time for Completion and Liquidated Damages, of the General Provisions. The parties also recognize the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by Owner if the work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner One Thousand Dollars($ 1,000.00) for each day that passes after the time specified in Paragraph 2 herein.
4. CONTRACT PRICE. Owner shall pay Contractor for completion of the work in accordance with the Contract Documents in current funds the amount set forth in the Bid Schedule(s). The Contractor agrees to perform all of the work described in the Contract Documents for the unit and lump sum prices set forth in the Bid Schedule(s).
5. PAYMENT PROCEDURES. Contractor shall submit applications for payment in accordance with Paragraph 24, Progress Estimates, of the General Provisions. Applications for payment will be processed by Owner as provided in the General Provisions.
6. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between Owner and Contractor concerning the work consists of this Agreement and the following attachments to this Agreement:
(A) Advertisement for Bids
(8) Information for Bidders
(C) Bid
105
(D) Bid Bond
(E) Agreement
(F) Payment Bond
(G) Performance Bond
(H) Notice of Award
(I) Notice to Proceed
(J) Change Order
(K) General Provisions
(L) Special Provisions
(M) Technical Specifications prepared by Gouveia Engineering entitled "Monroe Ave Waterline Replacement", dated April, 2024.
(N) Drawings prepared by Gouveia Engineering numbered C-101 through C-109. (0) Addenda No. 1, dated March 18, 2024
There are no Contract Documents other than those listed in this Paragraph 6. The Contract Documents may only be amended by change order as provided in Paragraph 19, Changes in the Work, of the General Provisions.
7. MISCELLANEOUS.
A. Terms used in this Agreement which are defined in Paragraph 1 of the General Provisions will have the meanings indicated in the General Provisions.
B. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.
C. Owner and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents.
D. The Laws of the State of California shall govern this Agreement. Venue is Merced County. The provisions of this paragraph shall survive expiration or other termination of this Agreement regardless of the cause of such termination.
E. All bids become property of the Owner. All bids, including the accepted bid and any subsequent contract become public records per the requirements of the California Government Code, Sections 6250-6270, "California Public Records Act". Proprietary material must be clearly marked as such. Pricing and service elements of the successful bid are not consider proprietary information. The Owner will treat all information submitted in a bid as available for public inspection once the Owner has selected a contractor. If you believe that you have a legally justifiable basis under the California Public Records Act (Government Section 6250 et. seq.) for protecting the confidentiality of any information contained within your bid, you must identify any such information, together with the legal basis of your claim in your bid. In order for the Owner to assess confidentiality of any such information on your behalf, you must request, execute and submit an Owner-prepared written agreement to defend and indemnify the Owner for any liability, costs, and expenses incurred in asserting such confidentiality as part of your bid. The final determination as to whether the Owner will assert your claim of confidentiality on your behalf shall be sole discretion of the Owner. 106
F. This Agreement shall not be interpreted in favor of any Party by virtue of said Party not having prepared this Agreement.
G. If any time period provided for in this Agreement ends on the day other than a Business Day, the time period shall be extended to the next Business Day.
IN WITNESS WHEREOF, Owner and Contractor have caused this Agreement to be executed the day and year first above written.
Date
ATTEST:
Lucille L. Mallonee
City Clerk
APPROVED AS TO FORM:
William A. Vaughn
City Attorney
Date
(Seal if Corporation)
By: ------- ---------
Title:
By:
Title:
Authorized Representative of Owner
- ---------------
- - - ------------- Authorized Representative of
Contractor
(Attach Acknowledgement for Authorized Representative of Contractor) 107
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108
I
!
1 A
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~BENCHMARK
~O~M;
'vrnTICAL AND HORIZONTAL DATUM INFORMATION WAS TAKEN FROM THE NGS DATA SHEET FOR PIO HSS 126, VERTICAL DATUM:NA.VOaa ELEVATION:120.96'
HORIZONTAL OATUM:NAD83-2011, CALIFORNIA SPCS, ZONE 3
DESCRIPTION: STATION IS LOCATED ON nlE EAST SIDE OF LOS BANOS, AT THE LOS BANOS MUNICIPAL .... IRPORT, IN THE MEDl,t,N OF THE RUNWAY AND n-lE PARALLil TAXI, NEAR THE FRONT VASI FOR RUNWAY 32, TO RE,\CH THE JUNCTION OF STATE HIGHWAY 152 AND WEST I STREET ON THE WEST SIDE OF LOS BANOS, GO NORTHEAST ON WEST I STREET FOR 0.06 Ml TO A PAVED ROAO LEFT. TURN LEFT, SOUTHWEST, ON PAVED ROAD FOR 0.25 Ml TO A LOCKED GATE ON Tf-lE RIGHT. TURN ~GITT, NORTHEAST, THROUGH GA1£, PASSING TO RIGITT OF FUEL PUMPS, ACROSS APRON FOR 0.05 LU TO lHE PARALLEL T.'.XI, TURN LEFT, NORTHWEST, ON TAXI FOR 0.06 Ml TO THE STATION ON THE RIGHT.
STATION MARK IS SET IN THE TOP Of A JO-CM ROUND CONCRETE POST FLUSH 111TH THE GR()(MO ON A SLIGHT Hl-"P IN A BARE AREA. IT IS 142.1 FT SOUTHWEST OF THE RUNWAY CENTER, 103.3 FT NORTHEAST OF THE EDGE OF THE APRON/TAXI, 26.6 FT SOUTHWEST OF THE SOUTH CORNER Of Tl-IE CONCRETE PAD FOR Tl-IE OLJTBOARD VASI,
73.8 FT NORTHWEST OF THE EXTENDED SOUTI-IEAST WN.L OF A IW>IGAR AND 1,3 FT NORTHWEST or A FIBER:GI.ASS WITNESS POST.
UTILITY CONTACTS
PG&E- STEVE MURPHY
3185 M STREET
MERCED, CA 95348
A.T,U - RENEE BINGHAM
1116 M STREET
MERCED, CA 9535+
M~N (209) 726-633B
CELL (209) 363-2216
M~N (209) 57B-7354
Plantlh«Jtsln tl1'-plantl«IJlflfullslzl,'Whtfnpdntedon 11x1111Dlhoe'- wl/houtM ~. '11i.l»rXll/llahoukJtNiundtDchaa.p/M"'-lacal& 2 PROJECT PLANS FOR CONSTRUCTION OF
MONROE AVE WATERLINE REPLACEMENT
CITY OF LOS BANOS
CIP NUMBER: 24WT0009
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---f _ ··+ 1 r 1 .. JL.-· _J..LL 1 PROJECT 1 • i 1 1 1 1 --\ l J _1 ..... 1 - ..11 1 1 T r· .l.L ~ _LI. L l .I Ll .. 1. .. I..L.. - - • _J I .L -, LOCATION I - ll I - 1 r·-i-11·:--n-~-,--; i-r r-1 --• 1r -· _J
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INDEX OF DRAWINGS
1 LOCATION MAP AND INDEX OF D-GS
2 PROJECT N01ES AND L£GEND
3 6JHS1REETIMPROVEMENISSTA.10t00TO 13+50
4 MONROEAVENIJEIMPRO\IEMENTSSTA.1Dt50TO 17+00
5 MONROE AVENUEIMPRO\IEMENTSSTA.17+00T023+00
6 MONROE AVENUE IMPRO\IEMENTS STA. Zl+OO TO 27+00
7 WAlcR IMPROVEMENT DETALS
8 TllENCHBACl<FIIJ.ANDCONCRETE DETAILS
9 TRAFRC CDNTRDL DETAILS
SIGNATURE BLOCK A
OAT£: l2,¢fi5,_ 1_ ot_
Bl
Know
®
what's below.
Call before you dig.
1H·~~===r====================~=-r- 1 --------------,---:=-----------,-----C~l~1Y;,;;;O~F1Lno~s~B~A~NOSM----7~.~~~~,oo----=r----=c-~1-o-1-H OWNERSHIP OF DOCUMENTS GOUVEIA ENGIN}~ERING INC. " THIS DOCUMENT, /WO THE Cot<CEPTS AND DESIGNS PRESENTED , ' MONROE AVE WATERLINE REPLACEMENT R OROZOO - i-g~~l~N~~N~.~. ~~~"R1to;t°';~'r'™°l c:0Nsu1.-r1NO 1£.N01NZEH$ • 1 s;e;~ri Fa"~~~ ,l"~rir:\'i' :"':;Jl,;;w, ':,~~D 456 Sixth S\reot ' Gustine, _Col[omo WRITTEN A\JTHORIZ>.TlON aY GOU\IEIA ENGINEERING, INC. Telephone (209) 854-DD 95322 LOCATION MAP AND INDEX OF DRAWINGS t~-"-'"'-"'---1:r..i NG.
~ OB
;l .4
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LOsBanos
f tl1 of California
Agenda Staff Report
TO: Mayor & City Council Members
FROM: Charles Bergson, P.E., Public Works Direct
DATE: July 17, 2024
TYPE OF REPORT: Consent Agenda
SUBJECT: Authorizing Award of Construction Contract to Consolidated Engineering in the amount of $971,707.91 with a 10% Contingency in the amount of $97,170.00 for the FY 2025 Street Rehabilitations Project Recommendation:
That the City Council adopts the Resolution awarding the FY 2025 Street Rehabilitations project contract to Consolidated Engineering, Inc. and authorize the Public Works Director/City Engineer to execute the Construction Contract Agreement in the amount of $971,707.91. Staff is requesting a 10% contingency of $97,170.00.
Background:
The Street Services staff of the Public Works Department maintains a computer software program for its pavement management system. Recently, the City participated with Merced County and the other local jurisdictions of MCAG in hiring a consultant to perform a computerized laser study (Study) which analyzed the pavement conditions for each jurisdiction in Merced County. The results of the Study produced a present day Pavement Condition Index (PCI) of every street in the County. Every street in Los Banos was analyzed. PCI is a compiling of distress factors which gives a street a numerical rating from O to 100. A brand new street with a properly designed structural section could potentially receive a PCI rating of 100. The factors which inevitably create distresses to lower the PCI are age of the street, load, weather, and reopening the street to add or repair underground utilities. The ability to perform maintenance treatment activities is the other factor of a street PCI. The Study results were downloaded into the City's pavement management system software. A review of the data currently maintained by the staff in Street Services and the results of the Study confirmed the streets presently programmed 111
into the City's Capital Improvement Plan for pavement rehabilitation work. The PCI of each street creates an overall PCI for the City's Street Infrastructure. Measure V is enabling the City to accelerate street rehabilitation activities. An infrastructure with adequate rehabilitation funding can maximize the life cycle of a street which helps maintain an acceptable overall PCI of the City's infrastructure. The higher the PCI the better the ride quality the community will experience.
Discussion:
The City's Capital Improvement Plan includes the rehabilitation of several segments of streets identified in its pavement management system. The FY 2025 Street Rehabilitations are the first phase of streets identified on the rehabilitation schedule.
FY 2025 Street Rehabilitations
Stonewood Drive from Parkwood Dr to North End
Willmott Avenue from Johnson Rd to Frank St
West L Street from West I St to Iowa Ave
Willow Way from Mulberry Dr to Mahogany Dr
Mahogany Drive from Willow Way to Birch Ave
N. Fallbrook Drive from Ward Rd to Snowgoose Dr
Sorrento Street from Palermo Dr to end
Montieri Street from Sorento St to Castellana St
Castellana Street from Palermo Dr to pave change
Staff enlisted the services of one of our consultant, Gouveia Engineering, Inc., to design the project. The staff of Gouveia's and Public Works walked each street on the list outlining the intentional treatments for each street. Once the design was ready, staff released the project for advertisement on Wednesday, June 12, 2024. The bid opening was held on Tuesday, July 2, 2024. The Public Works Department, through the office of the City Clerk, received five (5) bids from the following contractors:
Consolidated Engineering, Inc.
United Pavement Maintenance, Inc.
George Reed, Inc.
Walsh Montgomery Construction, Inc
Centerline Drilling, Inc.
Valley Springs
Hughson
Modesto
Clovis
Powell Butte, OR
$971,707.91
$1,220,136.92
$1,279,321.75
$1,374,274.00
$1,661,400.00
Staff reviewed each of the bid proposals for completeness. Consolidated Engineering, Inc. has provided the lowest responsive and responsible bid for the project. Staff is recommending Consolidated Engineering, Inc. be awarded the contract for the construction of the FY 2025 Street Rehabilitations. Staff is recommending a contingency of ten percent (10%). The administration of this contract, including the 10% contingency, is to be performed by the Public Works Director/City Engineer. 112
Environmental Analysis:
Pursuant to the California Environmental Quality Act (CEQA) and the City of Los Banos Environmental Quality Guidelines, an Initial Study was prepared to identify and assess potential environmental impacts as a result of this project. Through the Initial Study, staff determined that the project would not result in any significant adverse effects and the project can be categorically exempt pursuant to Section 15301 (c), Existing Facilities. The project involves the rehabilitation of existing streets that do not create additional automobile lanes.
Fiscal Impact:
Funds for this project have been programmed from the Measure V account 214-430-210- 715 and the Streets (SB1) account 100-431-210-715 in the 2024-2025 (FY25) fiscal year budget.
Reviewed by:
Josh
Attachments:
Resolution
Bid Opening Sheet
Public Notice
Contract Agreement
Site Maps
Vanessa Portillo, Finance Director
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114
RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS AUTHORIZING AWARD
OF CONSTRUCTION CONTRACT TO
CONSOLIDATED ENGINEERING, INC. IN THE
AMOUNT OF $971,707.91 WITH A 10%
CONTINGENCY IN THE AMOUNT $97,170.00
FOR FY 2025 STREET REHABILITATIONS
PROJECT
WHEREAS, the City of Los Banos Public Works Department received competitive bids on July 2, 2024 for the purpose of constructing the FY 2025 Street Rehabilitations project in the City of Los Banos; and
WHEREAS, the Public Works Department has determined, after receiving competitive bids, that Consolidated Engineering, Inc. provided the lowest responsive and responsible bid in the amount of $971,707.91; and
WHEREAS, the Public Works Department requests the City Council authorize a 10% contingency in the amount of $97, 170.00; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA) and the City of Los Banos Environmental Quality Guidelines the FY 2025 Street Rehabilitations project was adequately evaluated and determined to be categorically exempt pursuant to Section 15301 (c), Existing Facilities; and
WHEREAS, the Public Works Department requests the City Council authorize the Public Works Director/City Engineer to execute the Construction Contract Agreement with Consolidated Engineering, Inc. and authorize the Public Works Director/City Engineer to administrate the Construction Contract including the 10% contingency.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby accept and award the construction bid of Consolidated Engineering, Inc. in the amount of $971 ,707.91 with a 10% contingency in the amount of $97,170.00, authorizes the Public Works Director/City Engineer to execute the Construction Contract Agreement, and authorizes the Public Works Director/City Engineer to administrate the Construction Contract including the 10% contingency.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 17th day of July 2024, by Council Member ___ who moved its adoption, which motion was duly seconded by Council Member ___ and the Resolution adopted by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
Paul Llanez, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
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116
LOs Banos
At the Crossroads of lalif ornia
BID OPENING
CONSTRUCTION OF 2025 STREET REHABILITATION PROJECT NO.
25ST0002
July 2, 2024 - 2:00 PM
1. Walsh Montgomery Construction, Inc.
2. George Reed, Inc.
3. Consolidated Engineering, Inc.
4. United Pavement Maintenance
5. Centerline Drilling, Inc.
$ 1,374,274.00
$1,279,321.75
$ 971,707.91
$ 1,220, 136.92
$ 1,661,400.00
Signed: _Sc _ _____ __ = ;,:.' _ ____ _ Date: July 2, 2024 Sara Blevins
Assistant City Clerk/HR Analyst
Administrative Coordinator
~~
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118
Advertisement for Bids
CITY OF LOS BANOS
520 J Street
Los Banos, California 93635
Notice is hereby given that separate sealed bids for the award of contract for the Construction of 2025 Street Rehabilitation Project No. 25ST0002 will be received by the City of Los Banos at the office of the City Clerk until 2:00 p.m. Pacific Daylight Savings Time, July 2, 2024 and then at said office publicly opened and read aloud.
The major work consists of the pavement rehabilitation of several streets in the City of Los Banos using asphalt concrete overlays. The work also includes pavement digouts of failed pavement areas, asphalt concrete leveling courses, and application of pavement striping and markings.
The time for completion shall be forty-five (45) working days.
The Contract Documents, in their entirety, can be viewed and/or obtained from the City of Los Banos website at www.losbanos.org or at the following locations:
Central California Builders Exchange (www.cencafbx.com) Builders Exchange of Stockton (www.besonline.com)
Valley Builders Exchange, Inc. (www.valleybx.com)
Builders Exchange of Santa Clara County (www.bxscco.com) Dodge Data & Analytics (www.construction.com/plans/)
A payment bond prepared and executed in accordance with California Civil Code Section 9550 and a bond for faithful performance of the contract will be required of the successful bidder who is awarded the contract.
The successful bidder must comply with the latest general prevailing rate of per diem wages as determined by the Director of Industrial Relations, State of California, Department of Industrial Relations and is to be paid to the various craftsmen and laborers required to construct said improvements and is made a part of the specifications and contract for said work to which reference is hereby made for further particulars.
No contractor or subcontractor may be listed on a bid proposal or awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.
This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor registration information can be found at:
http://www.dir.ca.gov/Public-Works/PublicWorks.html
Each bid shall be accompanied by cashier's or certified check or by a bidder's bond, made payable to the City of Los Banos and executed by a corporate surety licensed to issue surety bonds in the State of California, for an amount equal to at least ten percent (10%) of the amount of said bid and no bid shall be considered unless such cashier's or certified check or bidder's bond is enclosed therewith.
The successful bidder of this project shall have the following current and active California State Contractor's License at the time of the submission of the bid and throughout the duration of the contract: Class A or C-12.
Prospective bidders are required to attend a mandatory pre-bid meeting, held at 411 Madison Avenue Los Banos, CA on June 19, 2024 at 11 a.m.
Bids will not be considered from bidders who were not physically in attendance at the mandatory pre-bid meeting.
Bidders shall refer to the Contract Document's Information for Bidders for complete instructions.
Bidders are solely responsible for the cost of preparing their bids. 119
The City specifically reserves the right, in its sole discretion, to reject any or all bids, to re-bid, or to waive inconsequential defects, in bidding not involving time, or quality of the work. The City may reject any and all bids and waive any minor irregularities in the bids. 120
Agreement
THIS Agreement is dated as of the _ _ _ _ day of _ _ _ in the year 2024 by and between the City of Los Banos, a California municipal corporation ("Owner") and Consolidated Engineering, Inc. ("Contractor").
Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows:
1. WORK. Contractor shall complete the work indicated in Owner's Contract Documents entitled "2025 Street Rehabilitation Project No. 25ST0002." The work is generally described as follows:
• The major work consists of the pavement rehabilitation of several streets in the City of Los Banos using asphalt concrete overlays. The work also includes pavement digouts of failed pavement areas, asphalt concrete leveling courses, and application of pavement striping and markings.
• Contractor shall furnish all of the material, supplies, tools, equipment, labor and other services necessary for the construction and completion of the work described herein.
2. CONTRACT TIME. Contractor shall commence the work required by the Contract Documents within 10 calendar days after the date of the Notice to Proceed and will complete the same within the time period set forth in the bid, unless the period for completion is extended otherwise by the Contract Documents.
3. LIQUIDATED DAMAGES. Owner and Contractor recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the work is not completed within the time specified in Paragraph 2 herein, plus any extensions thereof allowed in accordance with Paragraph 21, Time for Completion and Liquidated Damages, of the General Provisions. The parties also recognize the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by Owner if the work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner One Thousand Five Hundred Dollars ($ 1,500.00) for each day that passes after the time specified in Paragraph 2 herein.
4. CONTRACT PRICE. Owner shall pay Contractor for completion of the work in accordance with the Contract Documents in current funds the amount set forth in the Bid Schedule(s). The Contractor agrees to perform all of the work described in the Contract Documents for the unit and lump sum prices set forth in the Bid Schedule(s).
5. PAYMENT PROCEDURES. Contractor shall submit applications for payment in accordance with Paragraph 24, Progress Estimates, of the General Provisions. Applications for payment will be processed by Owner as provided in the General Provisions.
6. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between Owner and Contractor concerning the work consists of this Agreement and the following attachments to this Agreement:
(A) Advertisement for Bids
(8) Information for Bidders
(C) Bid
1/3
121
(0) Bid Bond
(E) Agreement
(F) Payment Bond
(G) Performance Bond
(H) Notice of Award
(I) Notice to Proceed
(J) Change Order
(K) General Provisions
(L) Special Provisions
(M) Technical Specifications prepared by Gouveia Engineering, Inc. entitled "2025 Street Rehabilitation Project No. 25ST0002", dated May, 2024. (N) Drawings prepared by Gouveia Engineering, Inc. numbered C-101 through C132.
There are no Contract Documents other than those listed in this Paragraph 6. The Contract Documents may only be amended by change order as provided in Paragraph 19, Changes in the Work, of the General Provisions.
7. MISCELLANEOUS.
A. Terms used in this Agreement which are defined in Paragraph 1 of the General Provisions will have the meanings indicated in the General Provisions.
B. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.
C. Owner and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents.
D. The Laws of the State of California shall govern this Agreement. Venue is Merced County. The provisions of this paragraph shall survive expiration or other termination of this Agreement regardless of the cause of such termination.
E. All bids become property of the Owner. All bids, including the accepted bid and any subsequent contract become public records per the requirements of the California Government Code, Sections 6250-6270, "California Public Records Act". Proprietary material must be clearly marked as such. Pricing and service elements of the successful bid are not consider proprietary information. The Owner will treat all information submitted in a bid as available for public inspection once the Owner has selected a contractor. If you believe that you have a legally justifiable basis under the California Public Records Act (Government Section 6250 et. seq.) for protecting the confidentiality of any information contained within your bid, you must identify any such information, together with the legal basis of your claim in your bid. In order for the Owner to assess confidentiality of any such information on your behalf, you must request, execute and submit an Owner-prepared written agreement to defend and indemnify the Owner for any liability, costs, and expenses incurred in asserting such confidentiality as part of your bid. The final determination as to whether the Owner will assert your claim of confidentiality on your behalf shall be sole discretion of the Owner. 2/3
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F. This Agreement shall not be interpreted in favor of any Party by virtue of said Party not having prepared this Agreement.
G. If any time period provided for in this Agreement ends on the day other than a Business Day, the time period shall be extended to the next Business Day.
IN WITNESS WHEREOF, Owner and Contractor have caused this Agreement to be executed the day and year first above written.
Date
ATTEST:
Lucille L. Mallonee
City Clerk
APPROVED AS TO FORM:
William A. Vaughn
City Attorney
Date
(Seal if Corporation)
By:
Title:
By:
Title:
- - - - ------------ Authorized Representative of Owner - ------ - - -------
- ------- - - ----- - Authorized Representative of
Contractor
--- --- ---- - -----
(Attach Acknowledgement for Authorized Representative of Contractor) 3/3
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LOsBanos
t tht: Crossroads <~f Cal(fornia
Agenda Staff Report
TO: Mayor and City Council Members
FROM: Charles Bergson, P.E., Public Works Director/Ci
DATE: July 17, 2024
TYPE OF REPORT: Consent Agenda
SUBJECT: Entering into a Professional Services Agreement with Sally Swanson Architects, Inc. for the Americans with Disabilities Act (ADA) SelfEvaluation and Transition Plan and Amend FY 2024-2025 Budget in the Facilities Fund
Recommendation:
That the City Council adopt the Resolution to:
1. Enter into a Professional Services Agreement with Sally Swanson Architects, Inc. to prepare the Americans with Disabilities (ADA) Self-Evaluation and Transition Plan for the City of Los Banos; and
2. Amend Fiscal Year 2024-2025 Budget by increasing the appropriation amount in the Facilities Fund 605-427-100-735 in the amount of $123,400.00 Background:
The Americans with Disabilities Act (ADA), passed on July 26, 1990 at Public Law 101- 336 (42 U.S.C. Sec 12101 et seq.), became effective on January 26, 1992. The current text of the ADA includes changes made by the ADA Amendments Act of 2008 (Public Law 110-325), which became effective on January 1, 2009. The fundamental goal of the ADA is to ensure equal access to civic life by people with disabilities, and the Act prohibits discrimination against disabled persons in the United States. Title II of the ADA requires state and local governments to make their programs, services, and activities accessible to persons with disabilities, and establish physical requirements for public facilities.
In compliance with the Americans with Disabilities Act (ADA), the purpose of this effort is to fulfil the City of Los Banos' functional goal and meet legal requirements for providing 127
readily accessible facilities to, and useable by, individuals with disabilities. All buildings and facilities that fall under the authority of the City of Los Banos are covered as part of this Self-Evaluation.
The ADA Self-Evaluation and Transition Plan are requirements mandated by Section 504 of the Rehabilitation Act of 1973, which is a federal law, and Americans with Disabilities Act (ADA) Title II for any public entity having 50 or more employees, regardless of receiving federal financial assistance. The City of Los Banos is a public entity with over 50 employees and is a recipient of federal funds. Code of Federal Regulations, Title 28, Chapter I, Part 35, also referred to as 28 CFR §35 implements subtitle A of Title II of the Americans with Disabilities Act of 1990 as amended by the ADA Amendments Act of 2008 (ADA Amendments Act). 28 CFR §35 relates to nondiscrimination on the basis of disability in state and local government services. The ADA Self-Evaluation is required by 28 CFR §35.105. The ADA Transition Plan is required by 28 CFR §35.150 (d).
Discussion:
On March 20, 2024 the City released a Request for Proposals soliciting the services of a qualified consultant to draft an Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan. The submission deadline was April 25, 2024 and the City received three proposals:
1. Sally Swanson Architects, Inc.
2. Arcor, Inc.
3. Bureau Veritas
A selection committee reviewed the proposals, interviewed top scoring firm, and ranked Sally Swanson Architects, Inc. as the most qualified consultant to provide the requested services. The committee recommended that the City enter into a Professional Services Agreement with Sally Swanson Architects, Inc. to prepare the ADA Self-Evaluation and Transition Plan.
If approved, Sally Swanson Architects will begin the process of preparing the ADA SelfEvaluation and Transition Plan upon notice to proceed. It is anticipated that the update will be completed in approximately sixteen (16) months once the project is initiated. The plan preparation process will include:
a. Self-Evaluation
The consultant shall assist the City in developing the procedure and forms needed to conduct a Self-Evaluation of the City's Right-of-Way for ADA compliance. The Consultant shall, but are not necessarily limited to, performing the following:
• Identify necessary documents, materials, and resources to conduct SelfEvaluation. • Provide GIS data support to the City, including inventory and mapping of barriers.
128
• Assist the City project team in developing a strategy to implement and complete the Self-Evaluation process.
• Compile and finalize Self-Evaluation Report.
b. Provide City Staff Training
The process is expected to be an educational experience for City staff. The proposer shall train designated City staff in the following areas:
• Applicable government code, statutes and regulations. • Performing field investigations and inspections.
• Preparation of ADA Compliance Assessment Reports.
• Using and maintaining the database.
• Using and maintaining the project map.
• Monitoring and updating the ADA Self-Evaluation and Transition Plan. c. Conduct Facility Survey & Barrier Assessment
The Consultant shall conduct surveys with field reviews of crosswalks, pathways, sidewalks and curb ramps in the public right-of-way and city owned parking lots and facilities. The surveys will identify physical barriers in each facility that limit accessibility and compare each facility each facility to the State Title 24 Building Code and the Federal ADA Accessibility Guidelines (AGAAG). The Consultant shall, but are not necessarily limited to, perform the following:
• Public Right-of-Way: The Consultant shall survey the City's inventory of crosswalks, sidewalks and curb ramp in the public right-of-way for ADA compliance.
• City owned parking lots, buildings and park facilities: The Consultant shall survey all City owned parking lots, buildings and park facilities for ADA compliance.
d. Transition Plan
Develop Transition Plan based upon the results of the Self-Evaluation Report, policy reviews, City staff guidance, and public feedback. Transition Plan shall comply with the ADA Title II including, but not limited to, the following:
• Methodology for the self-evaluation of existing barriers to accessibility. • Summary of the findings of the self-evaluation.
• Detailed recommendations of remedial measures to correct deficiencies and a methodology for the prioritization of barrier remediation. • Cost estimates of remediation measures and barrier removal plans. • In consultation with City staff, prepare an implementation schedule that includes milestones or measures of achievement for monitoring implementation.
• Procedures for periodically reviewing and updating the Transition Plan. • Procedures and forms for performing evaluations of additional barriers. • Procedures and forms for filing Requests for Accommodation. 129
• List of references and contact information for ADA and accessibility related resources.
• Identification of the official(s) who will be responsible for implementation of the plan.
• Develop draft and final report incorporating comments from the City and Stakeholders.
e. Project Database and Mapping Setup
• The Consultant shall develop a database for the ADA Transition Plan using Microsoft Excel o other City approved software. The purpose of the database is to facilitate ongoing monitoring and updating of the final ADA Transition Plan by City staff. The database shall correlate all aspects of the transition plan and shall be produced using the database, including but not limited to, Barrier Reports, Self-Evaluation and Transition Plan, reference drawings, standard drawings and photographs. The database shall be the property of the City when the ADA Transition Plan compilation is complete.
• Project Map - The proposer shall develop a map using AutoCAD or GIS for curb ramps. The map shall fully show distinct points for each identified barrier to access . .
• Plans/Diagrams with ADA Barriers marked and labeled as noted above. f. Community Engagement
Develop a public engagement strategy for proposed outreach and engagement with interested persons, including individuals with disabilities or organizations representing individuals with disabilities as required. This strategy should also be informed by goals recommended by the City.
• Develop proposal and implementation timeline to engage the community in the ADA Transition Plan process.
• Specify the proposed number of meetings/workshops necessary to achieve a suitable engagement plan to meet the plan's goals.
• Incorporate opportunities for public comment into phases of the planning process.
• Review and incorporate public comment and feedback into the plan. • Specify other engagement tools and media that will be utilized to implement community engagement.
• Develop public engagement materials including surveys, informational materials, and presentations.
g. Project Management
• Develop and maintain project schedule and budget.
• Project management tasks to include attending meetings, developing agendas, note-taking.
• Assist the City in project data management, documentation, and record keeping.
• Implement best practices for budget and schedule adherence. 130
• Provide periodic progress reports and presentations for staff, stake holders, and/or City Council Members.
• Provide GIS data to City including final inventory and mapping of barriers and recommendations where applicable.
• Facilitate meetings including project kick-off and close-out as well as project team meetings throughout the planning process.
Once completed, the ADA Self-Evaluation and Transition Plan will serve as a guide and will outline and prioritize needs, as well as propose long-term sustainable goals. Once the draft is complete, City staff will return to City Council for review and approval of the document.
Fiscal Impact:
The current fiscal year budget has appropriations of $150,000 in Facilities Budget Account 605-427-100-735, Master Plan and Rate Studies. Staff is requesting a budget amendment to increase this budget line for the remaining project cost of $123,400.00, for a total of $271,400.00
Vanessa Portillo, Finance Director
Attachments:
Resolution
PSA with Exhibit A - Scope of Services, Exhibit B - Cost Proposal, and Exhibit C - Proposal for ADA Self-Evaluation and Transition Plan
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RESOLUTION NO. __
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT BETWEEN THE CITY
OF LOS BANOS AND SALLY SWANSON
ARCHITECTS, INC. FOR THE AMERICANS WITH
DISABIL TIES ACT (ADA) SELF-EVALUATION
AND TRANSITION PLAN AND ADOPT A
REVISED BUDGET FOR THE FISCAL YEAR
2024-2025 AS IT PERTAINS TO THE FACILITIES
FUND
WHEREAS, on April 25, 2024, the City of Los Banos received proposals for the Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan; and WHEREAS, the selection committee reviewed the proposal, interviewed the firm, and concluded that Sally Swanson Architects, Inc. was a qualified firm to provide the requested services; and
WHEREAS, the City Attorney has prepared the Professional Services Agreement between the City of Los Banos and Sally Swanson, Inc. for said services; and WHEREAS, the City Council of the City of Los Banos has been presented a proposal to increase appropriations in the Fiscal Year 2024-2025 Budget; and WHEREAS, the City Council of the City of Los Banos may adjust the overall appropriation levels in each fund at any time during the Fiscal Year by action to amend the budget; and
WHEREAS, the proposed amendment to the Fiscal Year 2024-2025 would increase expenditures by $123,400.00 in the Facilities Fund (605-427-100-735).
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby:
1. Authorize the City Manager to execute the Professional Services Agreement with Sally Swanson Architects, Inc. for the Americans with Disabilities Act (ADA) SelfEvaluation and Transition Plan in the amount not to exceed of $273,400.00.
2. Amend the Fiscal Year 2024-2025 Budget by increasing the appropriation amount in the Facilities Fund (605-427-100-735) in the amount of $123,400.00.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 17th day of July 2024, by Council Member _ _ _ who moved its adoption, which motion was duly seconded by Council Member __ _ and the Resolution adopted by the following vote:
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AYES:
NOES:
ABSENT:
APPROVED:
Paul Llanez, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
134
LOs Banos
At tlir Crossroacls of California
REQUEST FOR PROPOSALS
AMERICANS WITH DISABILITIES ACT (ADA) SELF-EVALUATION AND
TRANSITION PLAN
April 25. 2024
1. Arcor, Inc.
2. Sally Swanson Architects Inc.
3. Bureau Veritas
Signecf.,,, ~ '
Sara Blevins, CMC
Assistant City Clerk/HR Analyst
~~ [ilUJ\V lD e ~ e eMelo
~ ministrative Coordinator
Dated: April 25, 2024
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PROFESSIONAL SERVICES AGREEMENT
FOR PERFORMANCE OF AN AMERICAN WITH DISABILITIES ACT (ADA) SELFEVALUATION AND DEVELOPMENT OF A TRANSITION PLAN SALLY SW ANSON ARCHITECTS, INC.
THIS AGREEMENT is made and entered into this __ day of ____ 2024, by and between the City of Los Banos, a municipal Corporation (herein referred to as "City") and Sally Swanson Architects, Inc., a Corporation (herein referred to as "Consultant").
RECITALS
A. WHEREAS, City is in need of Professional Services as described herein below; B. WHEREAS, Consultant represents that it has that degree of specialized expertise contemplated within California Government Code, Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; C. WHEREAS, City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement;
D. WHEREAS, City and Consultant desire to contract for the specific services described below and desire to set forth their rights, duties and liabilities in the services to be performed; and
E. WHEREAS, no official or employee of City has a financial interest, within the provisions of California Government Code, Sections 1090-1092, in the subject matter of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:
1. Term. The term of this Agreement shall commence upon execution of this Agreement and City's issuance to Consultant a notice to proceed for all or a portion of the work and shall terminate upon City's acceptance and payment for all or such portion of the work as was authorized by such notice, unless terminated earlier as set forth herein.
2. Scope of Services. Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 1 137
2.1. Notwithstanding services described above, the City may request and Consultant may agree to perform other services. The scope of such services and compensation shall be agreed to in writing, signed by both parties and shall become a part of this Agreement.
2.2. All professional services shall be performed by Consultant or under Consultant's superv1S1on. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional Consultants in accordance with sound professional practices.
2.3. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.
3. Time of Performance. Time is of the essence in the performance of services under this Agreement and the services shall be performed to completion in a diligent and timely manner.
The failure by Consultant to perform the services in a diligent and timely manner may result in termination of this Agreement by City.]
3.1. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed.
4. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit B attached hereto and made a part of this Agreement (the "Fee Schedule").
Consultant's compensation shall in no case exceed $273,400.00
4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person who performed the work, a brief description of the services performed and the specific Task in the Scope of Services to which it relates, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. City shall pay Consultant no later than thirty (30) days after receipt of the monthly invoice by the City.
4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in advance by City. Unless otherwise approved, such costs shall be limited and in accordance with Schedule of Charges set forth in the Proposal attached hereto as Exhibit C and incorporated herein by reference.
4.3 Consultant shall not receive any compensation for Additional Work without the prior written authorization of City. As used herein, "Additional Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would 2 138
be necessary at the execution of this Agreement. Compensation for any authorized Additional Work shall be billed in accordance with the Billing Rates as set forth in Exhibit Band on the terms set forth in this Article 4.
5. Contract Administration. The Public Works Director/City Engineer shall have the authority to act for City under this Agreement. The Public Works Director/City Engineer or his/her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. Consultant shall designate a representative for purposes of this Agreement who shall have the authority to act for Consultant under this Agreement.
6. Project Managers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement. Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term.
7. Indemnification. To the fullest extent permitted by law, Consultant shall defend (with counsel acceptable to City), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, negligence, recklessness, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, this Agreement, including without limitation the payment of all damages, expert witness fees and attorney's fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers. 7 .1. If Consultant's obligation to defend, indemnify, and/or hold harmless arises out of Consultant's performance of "design professional" services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the Consultant's proportionate percentage of fault.
8. Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by the City Attorney prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement.
3 139
B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City Attorney.
D. Coverage Requirements.
i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers. If Consultant has no employees while performing Services under this Agreement, workers' compensation policy is not required; however, Consultant shall execute a declaration that it has no employees.
ii. General Liabilitv Coverage. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence, four million dollars ($4,000,000) general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Consultant's general liability policies shall be primary and non-contributory, and be endorsed using Insurance Services Office form CG 20 10 to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. For construction contracts, an endorsement providing completed operations to the additional insured, ISO form CG 20 3 7, is also required. 111. Automobile Liability Coverage. Consultant shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the exa.ct equivalent, with a limit of no less than two million dollars ($2,000,000) per accident. If Consultant owns no vehicles, this requirement may be met through a non-owned auto endorsement to the CGL policy.
iv. Professional Errors and Omissions Insurance. Consultant shall maintain professional liability insurance that insures against professional errors and omissions that may be made in performing the Services to be rendered in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and not less than two million dollars ($2,000,000) in the annual aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement, and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement. The cost of such insurance shall be included in Consultant's bid.
4 140
E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work perfonned by or on behalf of the Consultant.
ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City.
Any insurance maintained by City, including any self-insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. m. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers.
v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non-payment of premium) written notice has been received by City.
8.1. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.
8.2 Consultant shall not allow any subcontractors or sub consultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or sub consultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or sub consultants.
9. Nondiscrimination. In the performing of this Agreement, Consultant shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation race, religion, color, national origin, handicap, ancestry, sex or age.
5 141
10. Independent Contractor. It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services.
10.1. The Consultant shall at all times remain an independent Contractor with respect to the services to be performed under this Agreement and shall be responsible for the payment of Federal and State Employer Withholding Taxes, Unemployment Insurance Taxes, FICA Taxes, Retirement, Life and/or Medical Insurance, and Worker's Compensation Insurance for the employees of the Consultant or any other person performing services under this Agreement.
Consultant and its employees are not entitled to the rights or benefits afforded to City's employees, including disability or unemployment insurance, workers' compensation, medical insurance, sick leave, or any other employment benefit. Consultant agrees to indemnify and hold City harmless from any claims, costs, losses, fees, penalties, interest, or damages suffered by City as a result of any claim by any person or entity contrary to the provisions of this Section 10.
11. Subcontracting. Nothing contained in this contract or otherwise, shall create any contractual relation between the City and any sub consultant(s), and no subcontract shall relieve Consultant of its responsibilities and obligations hereunder. Consultant agrees to be as fully responsible to the City for the acts and omissions of its sub consultant(s) and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by Consultant. Consultant's obligation to pay its sub consultant(s) is an independent obligation from the City's obligation to make payments to the Consultant.
11.1. Consultant shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this contract shall be subcontracted without written authorization by the City's Contract Administrator.
11.2. Consultant shall pay its sub consultants within ten (10) calendar days from receipt of each payment made to Consultant by the City.
11.3. All subcontracts entered into as a result of this contract shall contain all the provisions stipulated in this Agreement to be applicable to sub consultants.
11.4. Any substitution of sub consultant(s) must be approved m writing by City's Contract Administrator prior to the start of work by the sub consultant(s).
12. Ownership of Documents. All documents, information and materials of any and every type furnished or prepared by the Consultant or any of its subcontractors pursuant to 6 142
and in the course of performance of this Agreement shall be and remain the sole and exclusive property of the City. Such documents, information and materials shall include but not be limited to all findings, reports, plans, specifications, studies, drawings, estimates, documents, information and data including, but not limited to, electronic media, computer tapes or discs, files, and tapes furnished or prepared or accumulated by the Consultant in performing work under this Agreement, whether completed or in process. City shall have the sole right to use such documents, materials and information in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such documents, materials and information to City upon prior written request.
12.1. All Documents shall be considered works made for hire and all Documents and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of the City without restriction or limitation upon their use, duplication or dissemination by the City. Consultant shall not obtain or attempt to obtain copyright protection as to any Documents.
12.2. Nothing herein shall constitute or be construed to be any representation by Consultant that the work product is suitable in any way for any other project except the one detailed in this Agreement. Any reuse by City for another project or project location shall be at City's sole risk.
13. Confidentiality. All City information disclosed to Consultant during the course of performance of services under this Agreement shall be treated as confidential and shall not be disclosed to any other persons or parties except as authorized by City, excepting that information which is public record and subject to disclosure pursuant to the Public Records Act, or otherwise required by law. All documents, including drafts, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information, excepting that information which is public record and subject to disclosure pursuant to the Public Records Act, or otherwise required by law.
14. Access to Records. Consultant shall maintain all books, records, documents, accounting ledgers, and similar materials relating to work performed for City under this Agreement on file for at least three (3) years following the date of final payment to Consultant by City. Any duly authorized representative(s) of City shall have access to such records for the purpose of inspection, audit and copying at reasonable times, during Consultant's usual and customary business hours. Consultant shall provide proper facilities to City's representative(s) for access and inspection. Consultant shall be entitled to reasonable compensation for time and expenses relate to such access and inspection activities, which shall be considered to be an additional service to the City, subject to the provisions of Section 4 hereinabove.
15. Conflict of Interest. The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 7 143
15.1. If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section.
15.2. Consultant represents that neither Consultant, nor any of its employees, agents or subcontractors, have a conflict of interest with respect to the work to be performed under this Agreement, nor shall such individuals, during this term of this Agreement, acquire any interest, which would conflict in any manner with the performances of services hereunder.
16. Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City.
Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant's sole cost and expense.
17. Compliance with Laws, Rules, Regulations. Consultant sha11 perform the services required by this Agreement in compliance with all applicable Federal and California employment laws including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement.
18. Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions.
Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain a valid Business License from City during the term of this Agreement.
19. Integration; Amendment. This Agreement represents the entire understanding of City and Consultant as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered in it. This Agreement may not be modified or altered except by amendment in writing sign by both parties. City's city manager, or designee, may execute any such amendment on behalf of City.
20. Severabilitv. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, nuJl, and void insofar as it is in conflict with said laws, but the remainder of the Agreement shall continue to be in full force and effect.
21. WaiverN alidity. Consultant agrees that waiver by City of any one or more of the 8 144
conditions of performance under this Agreement shall not be construed as waiver of any other condition of performance under this Agreement. The acceptance by the City of the performance of any work or services by Contractor shall not be deemed to be a waiver of any term or condition of this Agreement.
22. Jurisdiction. City and Consultant agree that the law governing this Agreement shall be that of the State of California. Any suit brought by either party against the other arising out of the performance of this Agreement shall be filed and maintained in the County of Merced.
23. Notice. Any notices required to be given pursuant to this Agreement shall be deemed to have been given by their deposit, postage prepaid, in the United States Postal Service, addressed to the parties as follows:
To City:
Charles Bergson, P .E.
Public Works Director/City Engineer
411 Madison A venue
Los Banos, California 93635
To Consultant:
Sally Swanson, AIA, Project Administrator
Sally Swanson Architects, Inc.
P.O. Box 2029
San Francisco, CA 94126
Nothing hereinabove shall prevent either City or Consultant from personally delivering any such notices to the other.
24. Termination. City may, in its sole discretion, terminate this Agreement at any time and for any reason whatsoever by giving written notice of such termination to Consultant. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. In the event of such termination, Consultant shall be entitled to compensation for all services rendered and work performed for City to the date of such termination.
25. Corrective Measures. Consultant will promptly implement any corrective measures required by City regarding the requirements and obligations of this Agreement.
Consultant will be given a reasonable amount ohime as determined by the City to implement said corrective measures. Failure of Consultant to implement required corrective measures shall result in immediate termination of this Agreement.
26. Corrections. In addition to the above indemnification obligations, the Consultant shall correct, at its expense, all errors in the work which may be disclosed during the City's review of the Consultant's report or plans. Should the Consultant fail to make such correction in a reasonably timely manner, such correction shall be made by the City, and the cost thereof shall be charged to the Consultant. In addition to all other available remedies, the City may deduct the cost 9 145
of such correction from any retention amount held by the City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction.
27. Acceptance Of Facsimile Or Electronic Signatures. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature.
28. Authoritv. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates set forth below.
Date: _ _ _ _ _ _, 2024
Date: -- 2024 - ---~
ATTEST:
CITY CLERK
Lucille L. Mallonee, City Clerk
APPROVED AS TO FORM:
William A. Vaughn
City Attorney
10 Sally Swanson Architects, Inc.
by: Sally Swanson, AIA
CITY OF LOS BANOS, a California
municipal corporation
by: Josh Pinheiro, City Manager
146
EXHIBIT A
SCOPE OF SERVICES
In general, the work consists of the preparation of an ADA Self-Evaluation and Transition Plan and may include, but are not necessarily limited to the following tasks:
a. Self-Evaluation
The consultant shall assist the City in developing the procedure and forms needed to conduct a Self-Evaluation of the City's Right-of-Way for ADA compliance. The Consultant shall, but are not necessarily limited to, performing the following:
• Identify necessary documents, materials, and resources to conduct Self-Evaluation. • Provide GIS data support to the City, including inventory and mapping of barriers. • Assist the City project team in developing a strategy to implement and complete the Self-Evaluation process.
• Compile and finalize Self-Evaluation Report.
b. Provide City Staff Training
The process is expected to be an educational experience for City staff. The proposer shall train designated City staff in the following areas:
• Applicable government code, statutes and regulations. • Performing field investigations and inspections.
• Preparation of ADA Compliance Assessment Reports.
• Using and maintaining the database.
• Using and maintaining the project map.
• Monitoring and updating the ADA Self-Evaluation and Transition Plan. c. Conduct Facility Survey & Barrier Assessment
The Consultant shall conduct surveys with field reviews of crosswalks, pathways, sidewalks and curb ramps in the public right-of-way and city owned parking lots and facilities. The surveys will identify physical barriers in each facility that limit accessibility and compare each facility each facility to the State Title 24 Building Code and the Federal ADA Accessibility Guidelines (AGAAG). The Consultant shall, but are not necessarily limited to, perform the following:
• Public Right-of-Way: The Consultant shall survey the City's inventory of crosswalks, sidewalks and curb ramp in the public right-of-way for ADA compliance. • City owned parking lots, buildings and park facilities: The Consultant shall survey all City owned parking lots, buildings and park facilities for ADA compliance. d. Transition Plan
Develop Transition Plan based upon the results of the Self-Evaluation Report, policy reviews, City staff guidance, and public feedback. Transition Plan shall comply with the ADA Title II including, but not limited to, the following:
• Methodology for the self-evaluation of existing barriers to accessibility. 11 147
• Summary of the findings of the self-evaluation.
• Detailed recommendations of remedial measures to correct deficiencies and a methodology for the prioritization of barrier remediation. • Cost estimates of remediation measures and barrier removal plans. • In consultation with City staff, prepare an implementation schedule that includes milestones or measures of achievement for monitoring implementation. • Procedures for periodically reviewing and updating the Transition Plan. • Procedures and forms for performing evaluations of additional barriers. • Procedures and forms for filing Requests for Accommodation. • List of references and contact information for ADA and accessibility related resources.
• Identification of the official(s) who will be responsible for implementation of the plan.
• Develop draft and final report incorporating comments from the City and Stakeholders.
e. Project Database and Mapping Setup
•
•
•
The Consultant shall develop a database for the ADA Transition Plan using Microsoft Excel o other City approved software. The purpose of the database is to facilitate ongoing monitoring and updating of the final ADA Transition Plan by City staff. The database shall correlate all aspects of the transition plan and shall be produced using the database, including but not limited to, Barrier Reports, Self-Evaluation and Transition Plan, reference drawings, standard drawings and photographs. The database shall be the property of the City when the ADA Transition Plan compilation is complete.
Project Map - The proposer shall develop a map using AutoCAD or GIS for curb ramps. The map shall fully show distinct points for each identified barrier to access.
Plans/Diagrams with ADA Barriers marked and labeled as noted above . f. Community Engagement
Develop a public engagement strategy for proposed outreach and engagement with interested persons, including individuals with disabilities or organizations representing individuals with disabilities as required. This strategy should also be informed by goals recommended by the City.
• Develop proposal and implementation timeline to engage the community in the ADA Transition Plan process.
• Specify the proposed number of meetings/workshops necessary to achieve a suitable engagement plan to meet the plan's goals.
• Incorporate opportunities for public comment into phases of the planning process. • Review and incorporate public comment and feedback into the plan. • Specify other engagement tools and media that will be utilized to implement community engagement.
• Develop public engagement materials including surveys, informational materials, and presentations.
12 148
g. Project Management
•
•
•
•
•
•
•
Develop and maintain project schedule and budget.
Project management tasks to include attending meetings, developing agendas, notetaking.
Assist the City in project data management, documentation, and record keeping .
Implement best practices for budget and schedule adherence .
Provide periodic progress reports and presentations for staff, stake holders, and/or City Council Members.
Provide GIS data to City including final inventory and mapping of barriers and recommendations where applicable.
Facilitate meetings including project kick-off and close-out as well as project team meetings throughout the planning process.
13 149
EXHIBITB
COST PROPOSAL
14 150
CITY OF LOS BANOS - 2024- HOURLY RA TES - SALLY SWANSON ARCHITECTS, INC. (SSA} Hourly Rates
Project CASp Polley Facility GIS/ Technical
Administrator QA/QC Specialist Speclallst Database Staff Operations Specialist
Scott Tina Dorlus, Don Salts, Deniz Sally Swanson Saddlemfre, Esq, CASp Turan Various Various CAS<>
$300.00 $250.00 $300.00 $300.00 $175.00 $125,00 $125.00 If Additional Services are required, Sally Swanson Architects, Inc. (SSA) will utilize the Hourly Rates noted above for the proposed project staffing positions,
SALLY SWANSON
I C
151
EXHIBIT D
Task amounts are considered to be not-to-exceed amounts.
Task 1: SELF-EVALUATION ........................................................... $11,650 Task 2: PROVIDE CITY STAFF WITH TRAINING ........................... $12,050 Task 3: TRANSITION PLAN ............................................................ $35,500 Task 4: FACILITY SURVEY & BARRIER ASSESSMENT .................... $153,000 Task 5: DATABASE AND MAPPING SETUP .................................... $26,800 Task 6: COMMUNITY ENGAGEMENT ............................................ $12,700 Task 7: PROJECT MANAGEMENT ................................................. $21,700
SALLY SWANSON
ARCH TECTS INC
152
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.RC TECTS C.
153
EXHIBIT C
PROPOSAL FOR ADA SELF-EVALUATION AND TRANSITION PLAN
15 154
155
11 _____ - - ----~----~-- - - - --- ---- - - _ ". - - - L - I .I ·~,~BL'l:iOF co"rfl'ENT.S ~
-- - - _____ --- -- - --- - - . - ------------- -
TABLE OF CONTENTS
1. INTRODUCTORY LETTER
2. CONSULTANT INFORMATION, QUALIFICATIONS, AND EXPERIENCE
3. ORGANIZATION AND APPROACH
4. PAST EXPERIENCE ON MUNICIPAL PROJECTS
5. CONFLICT OF INTEREST STATEMENT
6. LITIGATION
7. CONTRACT AGREEMENT
8. COST PROPOSAL (IN SEPARATE SEALED ENVELOPE)
SALLY SWANSON ~ ARCHITECTS, INC, ~
156
April 19, 2024
Charles Bergson, P.E.
Public Works Director/ City Engineer
City of Los Banos
411 Madison Avenue
Los Banos, CA 93635
Re: City of Los Banos Request for Proposals for Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan
Dear Charles Bergson and Colleagues,
Sally Swanson Architects, Inc. (SSA) a California licensed and certified WBE, SBE and DBE firm, is honored to present its Proposal to the City of Los Banos, California to conduct an Americans with Disabilities Act {ADA) Self-Evaluation and Transition Plan. A concentration of staff resources, hands-on management and ADA access compliance experience/methodology will generate the highest value of services to the City of Los Banos.
Introduction of the Firm
SSA's dual professional practice of ADA access compliance and Architecture sets it apart from its peers.
In addition, SSA will use a method of data collection that is proven to be more efficient and accurate than manual surveying techniques.
Name of Firm - Sally Swanson Architects, Inc.
Physical Location - 100 Bush Street, Suite 1625, San Francisco, CA 94104 Mailing Address - Sally Swanson Architects, Inc. P.O. Box 2029, San Francisco, CA 94126 Project Contact: Sally Swanson, [email protected], 415.308.6555 (mobile), 415.445.3055 {fax) Sally Swanson Architects, Inc. (SSA) Commitment to the City of Los Banos "Everyone deserves a chance to participate from the school yard to the world stage": this is the guiding principle that defines Sally Swanson Architects, Inc. {SSA) and illustrates the passion with which the firm conducts each and every project since its founding by Sally Swanson in 1980. SSA's proposal documents the firm's 44 years of ADA access expertise during which time the firm has created ADA Self-Evaluation and Transition Plans, conducted ADA Self-Evaluation and Transition Plan Updates and provided On-Call ADA access compliance services for over 100 clients, which include dozens of cities, counties and public agencies, providing a full-range of services necessary to ensure client compliance with the myriad federal and state disabled access regulations, including the Americans with Disabilities Act (ADA), State Title 24 Building Code, U.S. Architectural and Transportation Barriers Compliance Board Proposed Guidelines for Pedestrian Facilities in the Public Right-of-Way, Public Rights-of-Way Accessibility GuideSALLY SWANSON A CH ITECTS, INC.
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lines (PROWAG) and the Federal ADA Accessibility Guidelines and Standards (ADAAG & ADAS).
SSA, and its dedicated staff, is committed to the City of Los Banos from the onset of its contract to beyond its formal tenure. When the contract concludes SSA makes itself available to answer questions or concerns regarding further understanding and monitoring of the Transition Plan.
Project Understanding
Sally Swanson Architects, Inc. (SSA) understands that the City of Los Banos "seeks a qualified consultant ("Consultant") with experience in performing an Americans with Disabilities Act (ADA) Self-Evaluation and developing a Transition Plan". The City intends to award a contract to "one successful consultant" for the services proposed. Contracts "subject to approval" by the Los Banos City Council. The City "reserves the right to not award any such contract at the discretion of the Council".
Exhibit C of the RFP outlines the "Services" required for "preparation of an ADA Self-Evaluation and Transition Plan" that includes but is not necessarily limited to the following tasks:
a. Self-Evaluation
b. Provide City Staff Training
c. Conduct Facility Survey & Barrier Assessment
d. Transition Plan
e. Project Database and Mapping Setup
f. Community Engagement
g. Project Management
The fundamental goal of the ADA is to ensure equal access to civic life by people with disabilities, and the Act prohibits discrimination against persons with disabilities in the United States. Title II of the ADA requires state and local governments to make their programs, services and activities accessible to persons with disabilities, and establish physical requirements for public facilities.
SSA will work collaboratively with the City of Los Banos to achieve the City's goal of providing a Citywide accessible and inclusive community to its residents and visitors.
The City of Los Banos ADA Self-Evaluation and Transition Plan project will be managed by Sally Swanson, AIA, who is the proposed Project Administrator. SSA's team includes: Scott Saddlemire, CASp for Quality Assurance/ Quality Control; Don Salts, CASp, as ADA Facilities Specialist; Tina Dorius, Esq. as ADA Policy Specialist/ Trainer; and, Dr. Deniz Tu ran, Ph.D. as GIS / Database Specialist, that are prepared to work with City staff and stakeholders to provide a uniquely comprehensive perspective on accessibility issues.
Authorized Person to Bind Sally Swanson Architects, Inc. to its Proposal with the City of Los Banos The Introductory letter is signed by Sally Swanson, AIA, CEO of Sally Swanson Architects, Inc. {SSA) who is the authorized individual to bind SSA to its Proposal with the City of Los Banos.
SALLY SWANSON
ARCHITECTS, INC.
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Acknowledgement of Addendums
Sally Swanson Architects, Inc. (SSA) acknowledges receipt of Addendum No. 1 posted to the City of Los Banos website on April 12, 2024 and Addendum No. 2 posted April 18, 2024.
Goal Documentation - A Strong Team
Why choose SSA? A dedicated, knowledgeable and enthusiastic team with unparalleled depth of experience.
Thank you very much for your consideration. We look forward to the next steps in the selection process.
Sincerely,
Sally Swanson, AIA, Project Administrator
Sally Swanson Architects, Inc., 100 Bush Street, Suite 1625, San Francisco, CA 94104; Phone:
800.533.8771; email: [email protected]
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City of Los Banos
Public Works Department
411 Madison Ave. Los Banos, CA 93635
Addendum No. 1