LOsBanos
At the Crossroads of California
www.losbanos.org
AGENDA
CITY COUNCIL MEETING
CITY HALL COUNCIL CHAMBERS
520 J Street
Los Banos, California
DECEMBER 18, 2024 - 6:00 PM
Live stream on YouTube at:
.................................................... https://www.youtube.com/@losbanos406 ............................................................... .
If you require special assistance to attend or participate in this meeting, please call the City Clerk's Office@ (209) 827-7000 at least 48 hours prior to the meeting.
The City of Los Banos complies with the Americans with Disabilities Act (ADA) of 1990. * * * * * * * * * * * * *
Si requiere asistencia especial para atender o participar en esta junta par favor flame a la oficina de la Secretaria de la ciudad al (209) 827-7000 a lo menos de 48 horas previas de la junta.
La Cuidad de Los Banos cumple con la Acta de Americanos con Deshabilidad (ADA) de 1990. • .......................................................................................................................... ··································--···· .. ························· ···········•·················•·•··························· ············· · .... .
Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the meeting and in the City Clerk's office located at City Hall, 520 J Street, Los Banos, California during normal business hours. In addition, such writings and documents may be posted on the City's website at www.losbanos.org.
* * * * * * * ** * * * * * * *
Cualquier escritura o /os documentos proporcionaron a una mayoria de/ Ayuntamiento respecto a cualquier articulo en este orden def dia sera hecho disponible para la inspecci6n publica en la reunion yen la oficina de la Secretaria de la ciudad en City Hall, 520 J Street, Los Banos,
California durante horas de oficina normales. Ademas, tales escrituras y /os documentos pueden ser anunciados en el website de la ciudad en www.losbanos.org.
Please note: The Brown Act provides the public with an opportunity to make public comment at any public meeting. As an alternative for in-person comments, written public comment may be made by e-mail to [email protected] or delivered to the City Clerk at City Hall, 520 J Street three (3) hours prior to the scheduled time of the meeting. Comments received will not be read aloud at the meeting, but shall be distributed to the City Council via e-mail and added to the agenda packet on the City's website for public review. Agenda packets can be found on the City's website at the following lipk: https://losbanos.org/category/city-council/ Los Banos City Council Agenda - December 18, 2024 Page 1 of4 1 1. CALL TO ORDER - December 18, 2024
2. PLEDGE OF ALLEGIANCE.
3. ROLL CALL: (City Council Members)
Kenneth Lambert - District 1
Deborah Lewis - District 4
__ Michael Amabile - Mayor
__ [vacant] - District 2
__ [vacant] - District 3
4. CONSIDERATION OF APPROVAL OF AGENDA.
Recommendation: Adopt the agenda as submitted.
5. PRESENTATION - City of Los Banos Employee of the Year 2024. 6:00 PM
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 #248830 -#249055 in the Amount of $2,000,711.98.
Recommendation: Approve the check register as submitted.
B. Minutes for the December 4, 2024 City Council Meeting.
Recommendation: Approve the minutes as submitted.
C. City Council Resolution No. 6861 - Authorizing the City Manager to Execute the Grant Agreement with the Merced County Association of Governments (MCAG) for the Regional Early Action Planning (REAP) 2.0 Grant and Amending the Fiscal Year 2024-2025 Budget to Increase Appropriations for Revenues in the Amount of $128,438.
Recommendation: Adopt the resolution as submitted.
D. City Council Resolution No. 6862 - Accepting the Police Facility Project Located at 1111 G Street as Complete and Authorizing the Filing of a Notice of Completion with the Merced County Recorder.
Recommendation: Adopt the resolution as submitted.
E. City Council Resolution No. 6863 - Authorizing the City Manager to Execute the Contract with Frontline General Engineering Inc. for the Construction of Pickleball Courts Project and Amending the Fiscal Year 2024-2025 Budget Los Banos City Council Agenda - December 18, 2024 Page 2 of4 pgs. 5-8
pgs. 9-16
pgs.17-26
pgs. 1-4
pgs. 27-32
pgs. 17-26
pgs. 27-32
2 Increasing the Appropriation Amount in the Park Development Fund Account 250-454-220-720 in the Amount of $333,566 for the Total Project Amount of $2,533,566.
Recommendation: Adopt the resolution as submitted.
F. City Council Resolution No. 6864 - Authorizing the City Manager to Execute a Contract with Agee Construction for the Ortigalita Road and Pioneer Road Signalization and Traffic Flow Improvements in the Amount of $6,674,758 and Amend the Fiscal Year 2024-2025 Budget Increase Appropriations in the Public Works Capital Improvement Plan (CIP), Account Number 229-430- 220-716 in the Amount of $4,290,000.
Recommendation: Adopt the resolution as submitted.
8. PUBLIC HEARING. (If you challenge the proposed action as described herein in court, you may be limited to raising only those issues you or someone else raised at the public hearing described herein or in written correspondence delivered to the City at, or prior to, the public hearing.)
A. Public Hearing - To Receive Public Comment and Consideration of Accepting the Development Impact Fee Report (AB 1600) for Fiscal Years 2020 through 2024.
Recommendation: Receive staff report, open public hearing, close the public hearing, and accept the report as submitted.
9. CONSIDERATION OF NEXT STEPS IN FILLING THE LOS BANOS CITY COUNCIL MEMBER VACANCIES IN DISTRICTS 2 & 3.
Recommendation: Receive staff report and direction on how to proceed.
10. CONSIDERATION OF APPOINTMENT TO MERCED COUNTY LOCAL AGENCY FORMATION COMMISSION (LAFCO).
A. City Council Resolution No. 6865 - Appointing a Representative to the Merced County Local Agency Formation Commission (LAFCO).
Recommendation: Receive staff report and adopt the resolution as submitted. 11 . ADVISEMENT OF PUBLIC NOTICES. (No Report)
Recommendation: Informational item only, no action to be taken.
12. CITY MANAGER REPORT.
Recommendation: Informational item only, no action to be taken.
13. REPORT/UPDATE ON MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG), PENINSULA CLEAN ENERGY (PCE), MEASURE V COMMITTEE, AND
SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT (SJVAPCD),
AND LOS BANOS DOWNTOWN PROPERTY & BUSINESS IMPROVEMENT
DISTRICT (LBDPBID).
Recommendation: Informational item only, no action to be taken.
Los Banos City Council Agenda - December 18, 2024 Page 3of4 pgs.33-46
pgs.47-56
pgs. 57-186
pgs. 187-192
pgs. 193-195
3 14. CITY COUNCIL MEMBER REPORTS.
A. [vacant] - District 2
B. [vacant]- District 3
C. Deborah Lewis - District 4
D. Kenneth Lambert- District 1
E. Michael Amabile - Mayor
15. 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:. ,UOoOo. QA_
Lucille L. Mallonee City Clerk Dated this 13th day of December 2024 Los Banos City Council Agenda - December 18, 2024 Page 4 of4 4 t
CK# 248830 - # 249055 12/18/2024 $2,000,711.98
Check Report Los Banos
Check By Date 41 11,r C.mu,.,.,cfs of California
Check Number Payment Date Vendor Module Payment Type Payment Amount 248830 11/27/2024 Apex Annex Health Center, Inc. Accounts Payable Check 1,174.00 248831 11/27/2024 Greenwood Chevrolet Accounts Payable Check 145,716.00 248832 11/27/2024 Lucille L Mallonee Accounts Payable Check 183.58 248833 11/27/2024 Michael Neal Accounts Payable Check 430.00 248834 11/27/2024 Gerald "Obie" O'Brien Accounts Payable Check 77.14 248835 11/27/2024 PG&E Company Accounts Payable Check 19,587.63 248836 11/27/2024 Santos Ford Inc. Accounts Payable Check 39,750.00 248837 11/27/2024 Kevin Spencer Accounts Payable Check 475.00 248838 11/27/2024 Law Offices of William A Vaughn Accounts Payable Check 12,600.00 248839 11/27/2024 Randy Williamson Accounts Payable Check 150.00 248840 11/27/2024 Abbott & Kindermann, Inc. Accounts Payable Check 89.66 248841 11/27/2024 Anthony Gomes Accounts Payable Check 321.62 248842 11/27/2024 AT&T Accounts Payable Check 2,484.52
248843 11/27/2024 Beam Insurance Administrators LLC Accounts Payable Check 21,989.79 248844 11/27/2024 BJ's Consumers Choice Pest Control Inc. Accounts Payable Check 85.00 248845 11/27/2024 Boot Barn Accounts Payable Check 263.39 248846 11/27/2024 BSK Associates Accounts Payable Check 833.00 248847 11/27/2024 Ca Dept of Justice Cashiering Unit Accounts Payable Check 2,560.50 248848 11/27/2024 Callander Associates Landscape Architecture, Inc. Accounts Payable Check 7,193.23 248849 11/27/2024 CENCAL Machine & Fabrication Inc. Accounts Payable Check 10,219.05 248850 11/27/2024 Core Business Interiors Accounts Payable Check 946.00 248851 11/27/2024 Clark Pest Control Inc Accounts Payable Check 114.00 248852 11/27/2024 David Cummins Accounts Payable Check 140.00 248853 11/27/2024 Dos Palos Publishing Company Accounts Payable Check 370.00 248854 11/27/2024 Fehr & Peers Accounts Payable Check 2,064.50 248!_!55 11/27/2024 Get Plaques, LLC Accounts Payable Check 2,978.39 248856 11/27/2024 Greenwood Chevrolet Accounts Payable Check 2,000.00 248857 11/27/2024 Maria De La Luz Gonzalez Accounts Payable Check 477.02 248858 11/27/2024 Halcyon Creek Inc. Accounts Payable Check 3,014.31 248859 11/27/2024 Halo Branded Solutions Inc. Accounts Payable Check 491.48 248860 11/27/2024 Herwaldt Automotive Group, Inc. Accounts Payable Check 1,732.32 248861 11/27/2024 Holt of California Accounts Payable Check 296.53 248862 11/27/2024 Jerry Witt Accounts Payable Check 2,389.00 248863 11/27/2024 Kimball Midwest Accounts Payable Check 574.05 248864 11/27/2024 Mark Thomas & Company. Inc. Accounts Payable Check 2,117.50 248865 11/27/2024 Merced County Environmental Health Accounts Payable Check 1,424.00 248866 11/27/2024 Merced Truck & Trailer Inc Accounts Payable Check 192.59 248867 11/27/2024 Monterey Auto Services Inc. Accounts Payable Check 519.33 248868 11/27/2024 OSE Accounts Payable Check 512.34
248869 11/27/2024 O'Reilly Auto Parts Accounts Payable Check 330.38 248870 11/27/2024 Pacific Landscape Supply, Inc. Accounts Payable Check 4,101.00 248871 11/27/2024 Phoenix Group Information Systems Accounts Payable Check 817.75 248872 11/27/2024 Precision Civil Engineering, Inc Accounts Payable Check 1,540.00 248873 11/27/2024 Provost and Pritchard Engineering, Inc. Accounts Payable Check 2,573.00 248874 11/27/2024 Razzari Ford Accounts Payable Check 384.27 248875 11/27/2024 Reliance Standard Life Insurance Company Accounts Payable Check 6,616.21 248877 11/27/2024 Save Mart Supermarkets Accounts Payable Check 104.14 248878 11/27/2024 Scelzi Enterprises, Inc. Accounts Payable Check 847.18 248879 11/27/2024 Sherwin Williams Co Accounts Payable Check 267.51 248880 11/27/2024 Sorensens True Value Accounts Payable Check 1,269.32 ITEM 7A
5 ..
248882 11/27/2024 Technicon Engineering Services, Inc. Accounts Payable Check 6,741.00 :?48883 11/27/2024 Turlock Sheet Metal & Welding Inc. Accounts Payable Check 20,000.00 248884 11/27/2024 US Bank Corp Pymt System Accounts Payable Check 455.60 248885 11/27/2024 Vanir Construction Management, Inc. Accounts Payable Check 109,448.00 248886 11/27/2024 VCA Animal Hospitals, Inc. Accounts Payable Check 273.18 248887 11/27/2024 Vestis Accounts Payable Check 470.00
248888 11/27/2024 Williams Scotsman, Inc. Accounts Payable Check 3,266.94 248889 11/27/2024 Windecker Inc Accounts Payable Check 3,468.67 248890 11/27/2024 Young's Air Conditioning Accounts Payable Check 166.00 248891 11/27/2024 Jose Meza Santos Utility Billing Check 52.39 248892 11/27/2024 Gary Guerrero Haro Utility Billing Check 45.69 248893 11/27/2024 Darlene Galvan Grijalva Utility Billing Check 52.39 248894 11/27/2024 Kachalloween Sales Inc Utility Bil Ii ng Check 28.81 248895 11/27/2024 Faizan Farid Utility Billing Check 156.39 248896 11/27/2024 OLP Real Estate, Inc. Utility Billing Check 136.26 248897 11/27/2024 D.R. Horton Utility Billing Check 170.28 248914 12/06/2024 Aflac-Customer Service Accounts Payable Check 186.93 248915 12/06/2024 AFSCME District Council 57 Accounts Payable Check 1,429.88 248916 12/06/2024 Empower Annuity Ins. Co of America Accounts Payable Check 1,442.69 248917 12/06/2024 Empower Annuity Ins. Co of America Accounts Payable Check 2,967.00 248918 12/06/2024 Franchise Tax Board Accounts Payable Check 1,706.06 248919 12/06/2024 Los Banos Police Assn Accounts Payable Check 980.00 248920 12/06/2024 Los Banos Police Assn. Accounts Payable Check 280.00 248921 12/06/2024 Merced County Sheriff Accounts Payable Check 200.00 248922 12/06/2024 MissionSquare Accounts Payable Check 550.00 248923 12/06/2024 MissionSquare Accounts Payable Check 9,150.00 248924 12/06/2024 Nationwide Retirement Solutions Accounts Payable Check 5,010.16 248925 12/06/2024 Professional Fire Fighter of Los Banos Local 4703 Accounts Payable Check 733.28 248926 12/06/2024 State Disbursement Unit Accounts Payable Check 1,298.50 248927 12/06/2024 Ronny's Inc. Accounts Payable Check 7,924.60 248929 12/06/2024 Ronny's Inc. Accounts Payable Check 100,118.64 248950 12/06/2024 Agile Occupational Medicine PC Accounts Payable Check 125.00 248951 12/06/2024 Amerine Systems Inc Accounts Payable Check 86,332.06 248952 12/06/2024 Apex Annex Health Center, Inc. Accounts Payable Check 180.00 248953 12/06/2024 CEP America California Accounts Payable Check 887.00 248954 12/06/2024 Food 4 Less Accounts Payable Check 2,043.48 24895~ 12/06/2024 Eric Gallichio Accounts Payable Check 1,934.44 248956 12/06/2024 Imagine Way More LLC Accounts Payable Check 7,500.00 248957 12/06/2024 Brent Kuhn Accounts Payable Check 16,005.00 248958 12/06/2024 Liebert Cassidy Whitmore Accounts Payable Check 1,987.50 248959 12/ 06/2024 Merced County Accounts Payable Check SO.OD 248960 12/06/2024 Merced MRI Medical Group Accounts Payable Check 65.00 248961 12/06/2024 PG&E Company Accounts Payable Check 149,664.07 248962 12/06/2024 Ronny's Inc. Accounts Payable Check 62,506.05 248965 12/06/2024 US Bank Corp Pymt System Accounts Payable Check 49,396.96 248966 12/06/2024 Law Offices of William A Vaughn Accounts Payable Check 32,162.50 248967 12/06/2024 Windecker Inc Accounts Payable Check 18,403.97 248968 12/06/2024 AAA Business Supplies Accounts Payable Check 492.59 248969 12/06/2024 Animal Damage Management, Inc. Accounts Payable Check 4,550.00 248972 12/06/2024 AT&T Mobility Accounts Payable Check 5,168.66 248973 12/06/2024 BMY Construction Group, Inc Accounts Payable Check 288,488.40 248974 12/06/2024 Bound Tree medical LLC Accounts Payable Check 461.49 248975 12/06/2024 Bruce's Tire Inc Accounts Payable Check 178.01 248976 12/06/2024 BSK Associates Accounts Payable Check 108.75 248977 12/06/2024 BWR Tools LLC Accounts Payable Check 897.73 248978 12/06/2024 Capital One Accounts Payable Check 1,405.68 248979 12/06/2024 Carollo Inc. Accounts Payable Check 8,404.50 248980 12/06/2024 CENCAL Machine & Fabrication Inc. Accounts Payable Check 37.45 6 ... 1
248981 12/06/2024 Cintas Corporation No.2 Accounts Payable Check 321.92 248982 12/06/2024 Central Sanitary Supply, LLC Accounts Payable Check 93.30 248983 12/06/2024 Central Valley Concrete Inc. Accounts Payable Check 1,648.65 248984 12/06/2024 Comcast Accounts Payable Check 108.16 248985 12/06/2024 Cook's Communications Corp. Accounts Payable Check 2,322.50 248986 12/06/2024 CPS Accounts Payable Check 1,310.00
248987 12/06/2024 City of Los Banos Utility Accounts Payable Check 43,034.39 248988 12/06/2024 Custom Locksmith & Alarm Inc. Accounts Payable Check 130.50 248989 12/06/2024 D & D Pest Control Accounts Payable Check 163.00 248990 12/06/2024 Dispensing Technology Corporation Accounts Payable Check 192.26 248991 12/06/2024 Fast Track Car Wash Accounts Payable Check 759.50 248992 12/06/2024 Fresno City College Accounts Payable Check 413.20 248993 12/06/2024 Pedro Flores Accounts Payable Check 350.00 l,48994 12/06/2024 Gallagher Benefit Services, Inc. Accounts Payable Check 6,250.00 248995 12/06/2024 Galls Inc Accounts Payable Check 174.32 248996 12/06/2024 Go To Communications, Inc. Accounts Payable Check 3,849.03 248997 12/06/2024 Gouveia Engineering Inc. Accounts Payable Check 48.04 248998 12/06/2024 Holt of California Accounts Payable Check 130.50 248999 12/06/2024 Zuleima Sarahi Hensley Accounts Payable Check 350.00 249000 12/06/2024 Instrument Technology Corporation Accounts Payable Check 6,851.13 249001 12/06/2024 JB Anderson Land Use Planning Accounts Payable Check 180.00 249002 12/06/2024 Lowe's Accounts Payable Check 108.21
249003 12/06/2024 Celese Lopez Accounts Payable Check 500.00 249004 12/06/2024 Mark Thomas & Company. Inc. Accounts Payable Check 25,902.71 249005 12/06/2024 Tires to you Inc Accounts Payable Check 760.89 249006 12/06/2024 Marfab Inc Accounts Payable Check 512.16 249007 12/06/2024 McNamara Sports Inc Accounts Payable Check 428.89 249008 12/06/2024 Merced County Environmental Health Accounts Payable Check 468.00 249009 12/06/2024 Merced Truck & Trailer Inc Accounts Payable Check 107.81 249010 12/06/2024 Municipal Maintenance Equipment, Inc. Accounts Payable Check 393.24 249011 12/06/2024 NDN International LLC Accounts Payable Check 2,605.56 249012 12/06/2024 O'Dell Engineering Accounts Payable Check 12,492.50 249013 12/06/2024 OSE Accounts Payable Check 87.97
249014 12/06/2024 Old Dominion Brush Company, Inc. Accounts Payable Check 120,000.00 249015 12/06/2024 Open Sky Productions LLC Accounts Payable Check 7,500.00 249016 12/06/2024 Owen Equipment Sales Accounts Payable Check 1,400.24 249017 12/06/2024 PG&E Company Accounts Payable Check 39,607.91 249018 12/06/2024 Provost and Pritchard Engineering, Inc. Accounts Payable Check 11,444.09 249019 12/06/2024 Purchase Power Inc Accounts Payable Check 3,044.99 249020 12/06/2024 Riggs Ambulance Service Accounts Payable Check 280.00 249021 12/06/2024 Roadline Products, Inc. USA Accounts Payable Check 1,066.64 249022 12/06/2024 Rolfe Construction Inc. Accounts Payable Check 109,443.80 249023 12/06/2024 Ronny's Inc. Accounts Payable Check 147,141.70 249024 12/06/2024 Save Mart Supermarkets Accounts Payable Check 61.05 249025 12/06/2024 Sherwin Williams Co Accounts Payable Check 998.93 249026 12/06/2024 Robert & Susan Hansen Accounts Payable Check 320.81 249027 12/06/2024 Frank Silveria Accounts Payable Check 120.00 249028 12/06/2024 SNG & Associates, Inc. Accounts Payable Check 6,495.00 249029 12/06/2024 Sorensens True Value Accounts Payable Check 835.26 249031 12/06/2024 The Heil co Accounts Payable Check 220.00 249032 12/06/2024 Thirkettle Corporation Accounts Payable Check 25,825.00 249033 12/06/2024 Turlock Sheet Metal & Welding Inc. Accounts Payable Check 7,698.57 249034 12/06/2024 Tyler Technologies, Inc. Accounts Payable Check 4,132.00 249035 12/06/2024 United Site Services, Inc. Accounts Payable Check 133.25 249036 12/06/2024 Utility Truck Equipment Manufacturing, LLC Accounts Payable Check 780.52 249037 12/06/2024 Vanir Construction Management, Inc. Accounts Payable Check 8,795.00 249038 12/06/2024 Vestis Group, Inc. Accounts Payable Check 59.61 249039 12/06/2024 Vestis Accounts Payable Check 1,590.40 7 .. • "
249040 12/06/2024 Vestis Accounts Payable Check 2,464.35 249041 12/06/2024 West Coast Arborists, Inc. Accounts Payable Check 27,250.00 249042 12/06/2024 Westside Water Conditioning Accounts Payable Check 193.50 249043 12/06/2024 West Publishing Corporation Accounts Payable Check 490.19 249044 12/06/2024 Williams Scotsman, Inc. Accounts Payable Check 1,419.46 249045 12/06/2024 Willdan Engineering Accounts Payable Check 25,651.00 249046 12/06/2024 Windecker Inc Accounts Payable Check 5,001.27 249047 12/06/2024 MHP Builders Inc Utility Billing Check 25.14 249048 12/06/2024 D.R. Horton Utility Billing Check 25.14 249049 12/06/2024 Adriana Cardenas-Gutierrez Utility Billing Check 64.73 249050 12/06/2024 Lorraine V Soliz Utility Billing Check 132.36 249051 12/06/2024 Alfredo Valdez Gomez Utility Billing Check 102.71 249052 12/06/2024 D.R. Horton Utility Billing Check 40.74 249053 12/06/2024 UC Construction Utility Billing Check 25.14 249054 12/06/2024 MHP Builders Inc Utility Billing Check 25.14 249055 12/06/2024 D.R. Horton Utility Billing Check 25.14 Break in check sequence due to the following: Payment Type Check #248876 (Manual Void) Regular Checks 182 2,000,711.98 Check #248881 (Manual Void) Manual Voids 0 0.00
Check #248898 - #248913 (Payroll) Voided Checks 0 0.00
Check #248928 (Manual Void) 182 2,000,711.98
Check #248930 - #248949 (Manual Void)
Check #248963 - #248964 (Manual Void)
Check #248970 - #248971 (Manual Void)
Check #249030 (Manual Void)
8 CITY OF LOS BANOS
CITY COUNCIL MEETING MINUTES
DECEMBER 4, 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, Kenneth Lambert - District 1, Deborah Lewis - District 4, Mayor Paul Llanez; ABSENT:
Douglas Begonia, Jr. - District 2, Brett Jones - District 3 STAFF MEMBERS PRESENT: Police Chief Reyna, City Attorney Vaughn, City Manager Pinheiro, City Clerk/Human Resources Director Mallonee, Community & Economic Development Director Souza Elms, Parks & Recreation Director Heim, Finance Department/Kuhn, Public Works Director/City Engineer Bergson, Fire Chief Tualla, City Treasurer Lawrence
CONSIDERATION OF APPROVAL OF AGENDA: Motion by Lambert, seconded by Lewis to approve the agenda as submitted. The motion carried by the affirmative action of all Council Members present, Begonia and Jones absent.
CONSIDERATION OF CERTIFICATION OF VOTES OF MUNICIPAL ELECTION, NOVEMBER 5, 2024; CITY COUNCIL RESOLUTION NO. 6856 - ACCEPTING THE
CERTIFICATION OF THE RESULTS OF THE MERCED COUNTY GENERAL ELECTION HELD IN THE CITY OF LOS BANOS ON NOVEMBER 5, 2024 AS IT
PERTAINS TO THE ELECTION OF THE MAYOR, CITY COUNCIL MEMBERS FOR DISTRICTS 1 & 4, CITY TREASURER, AND RECALL OF CITY COUNCIL MEMBERS FOR DISTRICTS 2 & 3. City Clerk Mallonee presented the staff report, noting that Michael Amabile was elected Mayor, Kenneth Lambert was re-elected as Council Member in District 1, Deborah Lewis was re-elected as Council Member in District 4, Lucy Lawrence was elected as City Treasurer, Douglas Begonia, Jr. was recalled as Council Member in District 2, and Brett Jones was recalled as Council Member in District 3.
Motion by Lewis, seconded by Lambert, City Council Resolution No 6856 -Accepting the Certification of the Results of the Merced County General Election held in the City of Los Banos on November 5, 2024 as it Pertains to the Election of Mayor, City Council Members for Districts 1 & 4, City Treasurer, and Recall of City Council Members for Districts 2 & 3.
The motion carried by the affirmative action of all Council Members present, Begonia and Jones absent.
ITEM 7B
9 ADMINISTRATION OF OATHS OF OFFICE TO ELECTED OFFICIALS; MAYOR MICHAEL S. AMABILE, COUNCIL MEMBER KENNETH LAMBERT - DISTRICT 1, COUNCIL MEMBER DEBORAH LEWIS - DISTRICT 4, AND CITY TREASURER LUCY LAWRENCE. City Clerk Mallonee administered the Oaths of Office to each individually.
There was a short recess to seat the new Mayor at the dais.
ROLL CALL: MEMBERS OF THE CITY COUNCIL PRESENT: Council Members Kenneth Lambert, Deborah Lewis, Mayor Michael S. Amabile; District 2 - vacant, District 3 - vacant.
REORGANIZATION OF CITY COUNCIL-SELECTION OF MAYOR PRO TEM. Mayor Amabile thanked Council Member Lambert for his last two years of service as Mayor Pro Tern and stated that he would like to nominate Council Member Lewis to be Mayor Pro Tern.
Motion by Amabile, seconded by Lambert to select Council Member Lewis as the Mayor Pro Tern. The motion carried by the affirmative action of all Council Members present.
PRESENTATIONS.
CITY COUNCIL RESOLUTION NO. 6857 -A RESOLUTION OF COMMENDATION TO PAUL LLANEZ. Motion by Lambert, seconded by Lewis to adopt City Council Resolution No. 6857 - A Resolution of Commendation to Paul Llanez. The motion carried by the affirmative action of all Council Members present.
Mayor Amabile presented the resolution and gavel to Mr. Llanez who was in attendance to accept, thanking him for all that he did as Mayor for the City of Los Banos the last two years.
CITY COUNCIL RESOLUTION NO. 6858 - A RESOLUTION OF COMMENDATION TO BRETT JONES. Motion by Lambert, seconded by Lewis to adopt City Council Resolution No. 6858 - A Resolution of Commendation to Brett Jones. The motion carried by the affirmative action of all Council Members present.
CITY COUNCIL RESOLUTION NO. 6859 - A RESOLUTION OF COMMENDATION TO DOUGLAS BEGONIA, JR. Motion by Lambert, seconded by Lewis to adopt City Council Resolution No. 6859 - A Resolution of Commendation to Douglas Begonia, Jr. The motion carried by the affirmative action of all Council Members present.
PROCLAMATION - RECOGNIZING THE RETIREMENT OF CITY OF LOS BANOS FLEET MAINTENANCE COORDINATOR DAN BRONSON. Mayor Amabile presented the proclamation to Mr. Bronson, who was present to accept.
CERTIFICATE OF RECOGNITION - EMPLOYEE OF THE MONTH FOR NOVEMBER 2024 - CHRISTY MCCAMMOND, HOUSING PROGRAM MANAGER IN THE COMMUNITY & ECONOMIC DEVELOPMENT DEPARTMENT. Mayor Amabile presented the certificate to Ms. McCammond, who was present to accept. 10 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. Mayor Amabile invited the public to come forward to speak. CAROLYN VIERIA, congratulated all the new members of the City Council and thanked all the outgoing members for their service, she noticed that on the last agenda there was a PBID report but no report was given and would like to hear more information on that; JOHN SPEVAK, 53-year resident in Los Banos, thanked the community for their passage of Measure P for the Los Banos Merced College campus and introduced the new reporter for the Westside Express, Ms. Emma Reyna; ELAINE COREY stated that she is speaking on the PBID and feels that there is no reason why they can't run a monthly report, the PBID property owners are entitled to this information and they need to know where our money goes; STEPHEN O'DA Y, Treasurer with the Los Banos Police Department LBPOA, congratulated Mayor Amabile and welcomed him back to the City; JOHN FULTON, Local Audubon Group, spoke to birds and how important they are and Los Banos is bird central, the history of bird counting, the lengthy report and the summary covering the 15-mile circle around the sewage ponds, problems with the trees last year and how they were cut down to help the bird population, he is trying to plan for the 2024-25 bird count at the WWTP on the 26th of December; UNNAMED PERSON, congratulated the Mayor and Council Member on the election, spoke to how some things need to be moved forward like Shaunessey Park and how he wants to work with the City to get it done, wants to work on De Anza Way with the City, how he has never received a call to meet from the City to resolve either of these items, how those that used to be on council made up lies, there are several issues that need to be dealt with like getting parks built, there is $20 million raised to build parks and where is the money, how he still owns the land and all he wants is the parks built and how lies have come out of City Hall and how he deals with facts, he is insulted with the City and the lies being said about him, the City has money, homeless needs to be fixed and would like to work with the City to fix that and help, on the City Manager and the $1.8 million payment and salary schedule, how he is not qualified for the job and how he has talked to previous and current employees who are getting ready to sue the City because of a hostile work environment, how the City manager can spend $200,000 any day any how he wants that reduced back to what it was, the City Manager situation needs to be addressed, he needs to go; BLANCHE JORGE, lives in the downtown area, thanked the Council for continuing to help the animals, how we have plenty of homes with animals, and how the community, the Animal Shelter and Code Enforcement have come together to help the animals, you may have already been studying all that they have been doing and the great job they do and how they care for the animals, the shelter continues and the building continues and the past Mayor was quoted as saying that he was the Mayor that would say yes and get out of the way to let the people do what they need to do, earlier today they met with a business who needs assistance with feral cats and how they helped capture some cats, how Sergeant Mendez dealt with, how people donate and help out at the shelter, post positive reviews and hopes that the current Council continues the support of the animal shelter, how other departments help out with all tasks too, like Public Works, Parks & Recreation and hopes you will continue this effort; MARIBEL GARCIA, Los Banos Downtown Association, congratulated to the newly elected, thanked those who supported the events 11 being put on by the Downtown A_ssociation, _ and reminded all to visit the. downtown businesses, spoke about the window 9ontest going on right now and to comeandJ9ke a stroll of the downtown and the wonderful lighting we have in the community; KA THY BALLARD congratulations to the new. Council, she has a question on itern 12 how to fill the council vacancies, with the options of a special election or appoint and she hopes they appoint so that we can get the positions filled sooner and because the expense of a special election is too high; ANN McCAULEY stated that she has not seen such sleaze, sleazy billboards, and how one developer is spending a lot of money on all of this, she hopes that whatever you do and who gets appointed you continue to do good work for the City like those before you, there is probably people coming through town wonder what is going on in this place, made mention of the birds and all that is being done for them, again spoke of the sleaze like the billboards and feels that there should be another way to do it, the petitioners come in to town and told lies to gest signatures, she is glad that Council Member Lambert's people in his district voted to keep him on, the developer spending $500,000 is just crazy how he can do something extra for his community that he built, she and her husband spent 1 0 days in Grants Pass and how the homeless encampments are cleaned up, showers and places to put the trash, we have a lot to do here, she never saw anything that Grants Pass missed and hopes Los Banos gets to where Grants Pass is, hopes that we don't have a lapdog Council now and if we go the appointment process for council that you don't appoint your buddies, we need to get stuff done. City Clerk Mallonee stated that there was one public comment received, was email to the City Council and posted on the City's website in accordance with policy. 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 item 11 A - Check Register #24 7623 - #248829 in the Amount of $8,850,204.34 and 11 C - City Council Resolution No. 6860 - Approving and Adopting Final Tract Map No. 2021-01 Quail Meadow Villages at Stonecreek 5, Phase 2, Unit 2 (Lodi Development Inc., a California Development Corporation) for discussion. 11A - Check Register #247623 - #248829 in the Amount of $8,850,204.34. Council Member Lewis stated that she had a few questions regarding some of the check payments for which Mr. Kuhn, Mr. Bergson, Mr. Heim, Mr. Reyna all responded to the ones that pertained to them. There was some discussion as to why check as being made out to personal individuals and not business names, as that is what is causing some of the questioning, for it was stated that payments are made in accordance with what they submit on their WP to Accounts Payable.
11 C - City Council Resolution No. 6860 - Approving and Adopting Final Tract Map No. 2021-01 Quail Meadow Villages at Stonecreek 5, Phase 2, Unit 2 (Lodi Development Inc. , a California Development Corporation). Council Member Lewis that this is not a super big deal with this developer, but some of our developers in town follow the rules and apply for their signage, she had questions regarding temporary on-site signs for which Ms.
Souza Elms stated that the rules are stated under the design standards code; Ms. Lewis asked if they can put temporary signs out during the weekend but need to be taken down during the week for which Ms. Souza Elms stated that there is a division particularly for subdivisions for signage for model homes in subdivision and a division about real estate sales, open house events, temporary signs that are not considered permanent and not 12 meant to be permanent, different sections of the code for which staff would work our Code Enforcement on any issues. Ms. Lewis inquired to the language that the developer shall dedicate land for the City of Los Banos for Fire Station 4 which will be constructed by the city of Los Banos and wondered if there is any way we can work with the developer to have them build it and we reimburse them to save on prevailing wage issues for which Ms. Souza Elms responded that we have discussed that topic with the developer but because they do not specialize in the building of public safety buildings and thought it would be better for someone else to do it.
Motion by Lambert, seconded by Lewis to approve the consent agenda as follows: Check Register for #247623 - #248829 in the Amount of $8,850,204.34; Minutes for the November 20, 2024 City Council Meeting; City Council Resolution No. 6860 -Approving and Adopting Final Tract Map No. 2021-01 Quail Meadow Villages at Stonecreek 5, Phase 2, Unit 2 (Lodi Development Inc., a California Development Corporation). The motion carried by the affirmative action of all Council Members present.
CONSIDERATION OF OPTIONS TO FILL THE CITY OF LOS BANOS COUNCIL MEMBER VACANCIES IN DISTRICTS 2 & 3. City Attorney Vaughn presented the staff report, explaining the options to choose from, which is the appointment process or calling a special election.
Council Member Lewis stated that she briefed over election rules and found that there are no laws on a timeline for appointing someone and feels that the proposed timeline is taking us a lot further out than she would like, she would like to see the application due date closer to December 13, 2024 and then have interviews on December 18, 2024 and then seat new council members on January 2, 2025. Council Member Lambert stated that he is okay seating them as soon as possible, wants to make it fair and would like to give them 2 weeks to submit applications, which will get us to the 60 days allowed, if we have to call a special election, we will call a special election. Mayor Amabile stated that he's been a part of people being appointed to council in the past, and since the local newspaper comes out once a week and people need to be properly noticed and give everyone a chance apply, he doesn't mind having a special meeting to interview, this is a big deal and one time he had to interview like 15 people, he wants to make sure everyone has an opportunity to apply and also to be open and transparent to the interview and selection process. Ms. Lewis would like to see it accelerated, because Mr. Lambert made a statement that he would be out in January for a surgery, she would be okay with the 2-week time to allow for applications but would like to appoint before he is out. Mr.
Lambert stated that he has already made arrangements and his surgery will be fine and not have him miss any meetings. Ms. Lewis still would like to get the appointments done as soon as possible, if we have a few people, we could interview and appoint sooner; for which City Clerk Mallonee and City Attorney Vaughn explained how the process would unfold and the options for Council will be brought forward at the next meeting, which could include a sooner date to interview. Mr. Lambert supports making that decision on December 18, 2024, as we don't know yet what we are going to get. Ms. Lewis added that if we only have a few applicants on December 18, 2024 could we add a clause to interview and appoint on a date certain. Mr. Amabile stated that on December 18, 2024 if there are not that many applications, we call a special meeting either on the 20th or 23rd .
City Attorney Vaughn added that noticing is important, to let the public know, be at the 13 meeting, and observe the process of the appointments. Mr. Amabile stated that he doesn't want to rush this, it's important to get two more people, if we rush it will look like we have put certain people up her, and we need to take our time and do the right thing.
Motion by Lambert, seconded by Lewis to move forward with the appointment process to fill the City Council vacancies in Districts 2 and 3. The motion carried by the affirmative action of all Council Members present.
ADVISEMENT OF PUBLIC NOTICES. (No Report).
CITY MANAGER REPORT. City Manager Pinheiro congratulated the Mayor on his appointment, how all of us will continue to work together to make progress, for all to go by the Community Center and you will see our new fence put up, how we have done quite a bit of work at the Community Center with painting the building, more parking, fencing, cameras and he is really excited about all the work done, improvements on 7th & J Street, Ranchwood Park and Vineyard B how they are repaving the parking lots, quite a bit of events coming up from now and our next Council Meeting, i.e. Christmas parade December 7th and another drone show at the end of the event, Breakfast with Santa, Movie Night at the Fire Station, big thank you to all the team for their work, great partnership with the Downtown Association, and made mention of the nice decorations here in the Council Chambers.
REPORT/UPDATE ON MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG), PENINSULA CLEAN ENERGY (PCE), MEASURE V COMMITTEE, ANO SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT (SJVAPC0), AND LOS
BANOS DOWNTOWN PROPERTY & BUSINESS IMPROVEMENT DISTRICT (LB0PBIO). SJVAPCD - No report; Mayor Amabile stated that the will be attending the upcoming MCAG and PCE meetings and report back after that happens.
CITY COUNCIL MEMBER REPORTS:
KENNETH LAMBERT - DISTRICT 1: Congratulated all three of us on joining the new Council tonight, we have pretty big shoes to fill from the last two years, congratulated the outgoing council members, Mr. Llanez, Mr. Jones and Mr. Begonia and spoke to how they have gotten a lot done the last couple years and hope we can continue growing and moving Los Banos forward.
DISTRICT 2: Vacant
DISTRICT 3: Vacant
DEBORAH LEWIS - DISTRICT 4: Congratulated Dan Bronson who is retiring after 22 years of service, well deserve and she knows he will enjoy it; wants to thank the voting residents of District 4 for their continued faith in her as a Council Member, this is her fourth term and it is an honor to serve the citizens of Los Banos, she has been faithful to return calls to those who call her and do what she can to move projects forward in her District, like the state streets sidewalk improvements, thanked the residents of District 4 who voted for her and gave their trust in me to move District 4 forward. 14 MICHAELS. AMABILE - MAYOR: Thanked the residents of Los Banos for placing your trust in me once again, it is truly an honor to be your Mayor again, he is very humbled to serve you again and will do his best, he thanked his wife Michelle as well as his children Ryan and Alyssa, his family, friends and supporters, he congratulated those elected, thanked the past Council Members on their service and wished them well, there are a lot of challenges ahead of us, we are all about trying to make people happy, from the animals to residents to the buildings, how we lost an former city employee, Rick Dahlgren who served as Parks & Recreation Director for a long time when he was Mayor before and told a story about they flew up to Seattle to lobby for funds for a project and how they were award $3.5 million, how he was great guy and sorry to see him pass, the next meeting on December 18, 2024 we will have our Open House that starts at 4:30pm up until the Council Meeting at 6:00 pm and hopes you all come, hopes a lot of people apply for the two open city council positions, how it is good to have a good group of people with different ideas and views, he is looking forward to working with all the city staff, and will be visiting each department real soon.
ADJOURNMENT. The meeting was adjourned at 7:38 p.m.
APPROVED:
Michael S. Amabile, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
15 THIS PAGE IS INTENTIONALLY LEFT BLANK
16 TO:
FROM:
DATE:
LOsBanos
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Agenda Staff Report
Mayor Amabile and City Council Members
Stacy Souza Elms, Community and Economic Development Directorjf,,, December 18, 2024
TYPE OF REPORT: Consent Agenda
SUBJECT: Authorizing the City Manager to Sign a Grant Agreement with Merced County Association of Governments (MCAG) and Requesting a Budget Amendment for the Regional Early Action Planning (REAP) 2.0 Local Suballocation Grant Program
Recommendation:
Staff recommends the City Council adopt a resolution to authorize the City Manager to sign the REAP 2.0 Grant Agreement with MCAG and amend Fiscal Year 2024-2025 budget to increase the appropriations limit for revenues.
Background:
The State of California has established the Regional Early Action Planning (REAP) 2.0 Program to assist local jurisdictions in supporting planning efforts that advance housing production, economic development, and sustainable community growth. The Merced County Association of Governments (MCAG) was awarded REAP 2.0 funding to distribute to the cities within Merced County through the REAP Local Suballocation Grant Program.
Eligible activities under the REAP Local Suballocation Grant Program must accelerate infill development, affirmatively further fair housing, reduce vehicles miles traveled, support housing element implementation and create expanded opportunities for local efforts to align the MCAG's regional plans, and support state planning goals. 1 ITEM 7C
17 Discussion:
The City of Los Banos has been approved for $128,438 in REAP funding by the MCAG Governing Board to update the City's Community Development Standards. REAP funding is available for reimbursement of work that began after April 3, 2023.
On May 17, 2023, the City Council adopted Resolution No. 6630, authorizing a Professional Services Agreement with Mark Thomas and Company, Inc (Mark Thomas) to update the City's Community Development Standards in the amount of $375,092. The REAP funds will reimburse the City for costs incurred as a part of this update. To date, the City has been billed $209,520.50 for the work, in which up to $128,438 is eligible for reimbursable under the REAP grant.
Fiscal Impact:
The REAP 2.0 Local Suballocation Grant will increase revenues in Fiscal Year 2024-2025 budget by $128,438, which will be allocated to account 100-000-334-010 (State Grant).
The REAP Grant will reimburse the General Fund for expenses related to the Community Development Standards with no matching funds required.
Reviewed by:
J Brent Kuhn, Interim Finance Director
Attachments:
1. Resolution
2. Grant Agreement
2 18
RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS AUTHORIZING THE CITY
MANAGER TO EXECUTE THE GRANT
AGREEMENT WITH THE MERCED COUNTY
ASSOCIATION OF GOVERNMENTS (MCAG) FOR
THE REAP 2.0 GRANT AND AMENDING THE
FISCAL YEAR 2024-2025 BUDGET TO INCREASE
APPROPRIATIONS FOR REVENUES
WHEREAS, the State of California has established the Regional Early Action Planning (REAP) 2.0 Program to assist local jurisdictions in advancing housing production, economic development, and sustainable community growth; and WHEREAS, the Merced County Association of Governments (MCAG) was awarded REAP 2.0 funding and is distributing funds to cities within Merced County through the REAP Local Suballocation Grant Program; and WHEREAS, the City of Los Banos has been approved for REAP 2.0 grant funding in the amount of $128,438.00 for the purpose of updating the City's Community Development Standards; and
WHEREAS, in order to proceed with the REAP 2.0 Grant funding and ensure proper accounting, it is necessary to amend the Fiscal Year 2024-2025 budget to increase the appropriations for revenues associated with this grant.
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 budget increase is $128,438 in revenues to account 100-000-334-010 (State Grant); and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby:
1. Authorizes the City Manager to execute the Grant Agreement with the Merced County Association of Governments (MCAG) for the REAP 2.0 grant in the amount of $128,438.00.
2. Amends the Fiscal Year 2024-2025 budget to increase the appropriations for revenues in account 100-000-334-010 (State Grant) by $128,438.00. 1 19
3. Authorizes the utilization of REAP 2.0 funds to reimburse the General Fund for expenses related to the update of the City's Community Development Standards, with no match requirement.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 18th day of December 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:
Michael Amabile, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
2 20
REAP 2.0 GRANT AGREEMENT
between
REAP 2.0 MCAG Grant Agreement
MERCED COUNTY ASSOCIATION OF GOVERNMENTS
and the
CITY OF LOS BANOS
This Regional Early Action Planning (REAP) 2.0 Grant Agreement ("AGREEMENT"), effective - --~ 2024, is entered into by and between Merced County Association of Governments, a joint powers authority pursuant to California Government Code Section 6500 et seq. (MCAG), and the City of Los Banos, ("GRANTEE") for the Development Standards Update ("PROJECT").
RECITALS
A. Merced County Association of Governments (MCAG) is a joint powers authority formed by the six incorporated cities in Merced County and the County of Merced (its "Members") and has been designated as the Metropolitan Planning Organization for Merced County (MPO).
B. The California Department of Housing and Community Development ("HCD") has provided grant funds to MCAG through the Regional Early Action Planning Grants of 2021 ("REAP 2.0") Program; and
C. On April 3, 2023, MCAG and HCD executed Agreement Number 22-REAP2-17548 for REAP 2.0 funding; and
D. In October of 2023, MCAG developed grant applications and issued calls for projects to member agencies for the Local Suballocation Grant Program and Regional Competitive Grant Program; and GRANTEE submitted the ("Grant Application") to MCAG proposing Development Standards Update ("Project"), dated December 22, 2023, a true and correct copy of which is attached hereto as Exhibit A and incorporated herein by reference; and E. On August 15, 2024, the MCAG Governing Board approved the Grant Application and authorized the Executive Director to enter into an Agreement with GRANTEE.
NOW, THEREFORE, it is mutually agreed by and between the parties as follows:
ARTICLE I: FUNDING ALLOCATION
This AGREEMENT authorizes MCAG to allocate REAP 2.0 funds awarded to MCAG by the State in accordance with the State's REAP 2.0 Guidelines for MPOs to the RECIPENT based on the PROJECT'S satisfaction of the following criteria:
• The PROJECT is located in the MCAG region;
• The PROJECT meets all three REAP 2.0 Program Objectives; • The PROJECT was recommended by the scoring committee (Regional Competitive Grant Program) or met the threshold criteria (Local Suballocation Grant Program); and 21 REAP 2.0 MCAG Grant Agreement
• The PROJECT was approved by the MCAG Governing Board.
ARTICLE II: PROJECT SCOPE, COSTS, AND SCHEDULE
A. Project Scope
1. The PROJECT funding allocation was approved by the MCAG Governing Board for Development Standards Update.
2. In utilizing REAP 2.0 funding, only work commencing after April 3, 2023 will be eligible for reimbursement.
B. Project Costs
1. The PROJECT has been approved by the MCAG Governing Board in an amount not to exceed $128,438.00.
2. The GRANTEE is responsible for any PROJECT cost overruns as REAP 2.0 funding is one-time funding.
3. Funding allocated to RECPIENT for the PROJECT that remains unspent at the completion of the PROJECT will either be reallocated to other eligible projects, pending approval from the MCAG Governing Board, or returned to the State.
C. Project Schedule
1. GRANTEE shall adhere to the schedule outlined in the approved grant application (Exhibit A) to complete the PROJECT in a timely manner.
2. The GRANTEE has three months from the date of this AGREEMENT to execute consultant contracts or initiate work if done by the GRANTEE's staff.
4. If no costs have been invoiced for a three-month period, GRANTEE agrees to submit for each phase a written explanation of the absence of the PROJECT's activity along with target billing date and target billing amount.
5. Funding allocated to the PROJECT that remains unused at the conclusion of the PROJECT schedule above (including any extensions authorized by MCAG) may be redistributed to other projects at the discretion of the MCAG Governing Board.
D. Changes to Project
Changes to the PROJECT scope will require an amendment to this AGREEMENT, requiring action from both parties.
ARTICLE Ill: FUNDING AND EXPENDITURES
A. MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG) OBLIGATIONS
1. MCAG shall reimburse the GRANTEE following the receipt of funds from HCD for allowed PROJECT costs, with the exception of costs associated with compliance with the requirements outlined in Article IV, Section A of this AGREEMENT. 22 REAP 2.0 MCAG Grant Agreement
2. MCAG shall provide the reimbursement forms and documentation requirements for the submission of invoices to GRANTEE no later than thirty (30) days following the date of this AGREEMENT.
3. MCAG shall determine whether GRANTEE has adequately performed to the satisfaction of MCAG the item(s) for which GRANTEE seeks payment, and shall submit eligible cost to HCD for reimbursement. Upon receipt of funds from HCD, MCAG shall remit payment thereof to GRANTEE.
4. If MCAG determines that GRANTEE has not adequately performed any such task or services, MCAG shall inform GRANTEE of those acts in writing which are necessary for satisfactory completion of the item(s). GRANTEE shall undertake any and all work to satisfactorily complete the item(s) at no additional charge to MCAG. In the event there is a dispute over an alleged error or omission by GRANTEE, MCAG shall have the right to withhold payment of GRANTEE's fees in the disputed amount.
B. GRANTEE'S OBLIGATIONS
1. GRANTEE shall perform all work necessary to complete the PROJECT. The GRANTEE shall perform those services as described in Exhibit A. In the event of any inconsistency between this Agreement and Exhibit A, such inconsistency shall be resolved by giving precedence in the following order of priority: (1) to the text of this Agreement; (2) to Exhibit A.
2. GRANTEE shall perform the task and services contemplated by this Agreement substantially according to the proposed work schedule as set forth in Exhibit A, and according to the requirements of this Agreement.
3. GRANTEE shall submit invoices with adequate supporting documentation of work billed and costs charged by Task as set forth in Exhibit A, to MCAG, specifying those services which GRANTEE believes have been completed. The invoice shall specify: (1) a summary of the work completed by task, (2) an itemization of hours worked and incurred direct costs and/or subcontractor fees; (3) the total amount billed for the current period, (4) the total amount billed to-date for the project. The invoice shall include a written progress report adequately describing the services billed and provided, and summarizing the status of the PROJECT in regard to task completion, timelines, and budget.
4. If no costs have been incurred, GRANTEE must at a minimum submit quarterly updates to MCAG on the project's progress.
5. GRANTEE must account for REAP 2.0 funds separately. The accounting system shall provide adequate internal controls and audit trails to facilitate an annual compliance audit for each fund type and the respective usage and application of said funds. MCAG and its representatives and agents shall have the right at any reasonable time to inspect and copy any accounting records related to such funds, except to the extent specifically prohibited by applicable law.
6. GRANTEE shall return to MCAG any funds which HCD has disallowed within 90 days following notice to GRANTEE.
ARTICLE IV: REPORTING REQUIREMENTS
23 REAP 2.0 MCAG Grant Agreement
A. REQUIREMENTS AND WITHOLDING
GRANTEE shall comply with each of the reporting requirements set forth below. If GRANTEE fails to comply with one or more of these requirements, MCAG may withhold reimbursement payment for the PROJECT until full compliance is achieved.
1. As a means to keep the public informed, the GRANTEE, at a minimum, shall provide quarterly updates of current and accurate information on GRANTEE's website (if applicable) and to MCAG related to the PROJECT's progress.
2. GRANTEE shall make its administrative officer or designated staff available upon request to render a report or answer any and all inquiries in regard to GRANTEE's receipt, usage, and/or compliance with audit findings regarding the PROJECT.
3. GRANTEE agrees that MCAG may review and/or evaluate the PROJECT pursuant to this AGREEMENT. This may include visits by representatives, agents or nominees of MCAG to observe GRANTEE's project or program operations, to review project or program data and financial records, and to discuss the project with GRANTEE's staff or governing body.
ARTICLE V: OTHER PROVISIONS
A. INDEMNITY BY GRANTEE
Neither MCAG nor its governing body, elected officials, officers, consultants, agents or employees shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by GRANTEE in connection with the funds distributed to GRANTEE for the PROJECT pursuant to this AGREEMENT. It is also understood and agreed, pursuant to Government Code Section 895.4, that GRANTEE shall fully defend, indemnify and hold harmless MCAG, its governing body, elected officials, officers, agents and employees from any liability imposed on MCAG for injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by GRANTEE for the PROJECT in connection with the Regional Projects funds distributed to GRANTEE pursuant to this AGREEMENT.
B. INDEMNITY BY MCAG
Neither GRANTEE nor its governing body, elected officials, officers, consultants, agents or employees shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by MCAG under or in connection with any work, authority or jurisdiction delegated to MCAG under this AGREEMENT. It is also understood and agreed, pursuant to Government Code Section 895.4, that MCAG shall fully defend, indemnify and hold harmless GRANTEE, its governing body, elected officials, officers, agents and employees from any liability imposed on GRANTEE for injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by MCAG under or in connection with any work, authority or jurisdiction delegated to MCAG under this AGREEMENT.
C. JURISDICTION AND VENUE
The laws of the State of California will govern the validity of this AGREEMENT, its interpretation and performance, and any other claims to which it relates. All legal actions arising out of this AGREEMENT shall be brought in a court of competent jurisdiction in Merced County, California.
D. ATTORNEY'S FEES
24 REAP 2.0 MCAG Grant Agreement
Should it become necessary to enforce the terms of this AGREEMENT, the prevailing party shall be entitled to recover reasonable expenses and attorney's fees from the other party.
E. TERM
The term of this AGREEMENT shall become effective as of the Effective Date and shall remain in full force and effect through December 31, 2026, unless sooner terminated or unless its term is extended and amended in writing.
F. NON-ALLOCATION OF FUNDS
The terms of this AGREEMENT, and the services to be provided hereunder, are contingent on the approval of funds by the appropriating government agency. GRANTEE services and reimbursements beyond June 30, 2025, are subject to the inclusion and funding agency approval of this project in the MCAG FY 2025-26 Overall Work Program. Should sufficient funds not be allocated, the services to be provided hereunder may be modified, or this AGREEMENT terminated at any time by MCAG's giving the GRANTEE thirty (30) days advance written notice.
In the event of any termination of this AGREEMENT, all finished and unfinished work materials, including, without limitation, notes, minutes, research, documents, maps, graphs, and studies, shall be MCAG's property, and at MCAG's sole option, shall be delivered by GRANTEE to MCAG.
G. SEVERABILITY
If any provision of this AGREEMENT is found by a court of competent jurisdiction to be unenforceable, such provision shall not affect the other provisions of the AGREEMENT, but such unenforceable provisions shall be deemed modified to the extent necessary to render it enforceable, preserving to the fullest extent permissible the intent of the parties set forth in this AGREEMENT.
H. ENTIRE AGREEMENT; MODIFICATION
This AGREEMENT, as well Exhibit A, constitutes the entire AGREEMENT and supersedes all prior written or oral understandings regarding funding for the PROJECT. This AGREEMENT may only be modified by a written agreement executed by both parties.
IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly authorized officers as of the date first written below.
CITY OF LOS BANOS (GRANTEE)
By:
Name
Title
Approved as to Budget/Financial Controls:
By:
Date
MERCED COUNTY AsSOCIATION OF GOVERNMENTS (MCAG)
By:
Stacie Guzman
Executive Director
Reviewed as to Budget/Financial Controls:
By:
Date
25 Name
Title
Approved as to Legal Form:
By:
Name
Legal Counsel
Date
Date
REAP 2.0 MCAG Grant Agreement
Nav Bagri Date
Deputy Executive Director
Approved as to Legal Form:
By:
Emily Haden Date
Legal Counsel to MCAG
26 TO:
FROM:
DATE:
LC>sBanos
At the Crossroads oJ Calif ontia
Agenda Staff Report
Mayor and City Council Members
Justin Melden, Police Commander -5,-
December 18, 2024
TYPE OF REPORT: Consent Agenda
SUBJECT: Accepting the Police Facility (1111 G Street) project as complete and authorizing the filing of a Notice of Completion with the Merced County Recorder
Recommendation:
That the City Council adopt the Resolution to:
1. Accept the construction of the Police Facility project as completed; and
2. Authorize the City Manager to file the Notice of Completion with the Merced County Recorder.
Background:
In 1969, the City of Los Banos completed construction of the old Los Banos Police Facility, located at 945 5th Street. Over the past 51 years, the men and women of the Los Banos Police Department called this location home and have continued to occupy this space, while the city has continued to grow around it.
As such, the Los Banos City Council prioritized a new Police Facilities project, now located at 1111 G Street.
Here is a listing of highlights and tasks taken to reach completion of building a new Police Station:
ITEM 7D
27 • On January 17, 2018, a purchase and sales agreement was finalized by the City of Los Banos for the purchase of approximately 3.6 acres of land located in the 1100 Blk. of G Street, Los Banos, California.
• On October 17, 2018, the City Council awarded a Professional Services Agreement for the preparation of a Police Facilities Needs Assessment Report. • On September 18, 2019, the City Council adopted Resolution 6130, which accepted the Police Facilities Needs Assessment Report.
• On April 21, 2020, the purchase of approximately 3.6 Acres of land located in the 1100 Block of G Street, Los Banos, California, for the future site of the new Police facility was recorded.
• On May 20, 2020, the City Council adopted Resolution 6216, which awarded a Professional Services Agreement (PSA) with Vanir Construction Management, Inc. for the project management services for the New Police Department Facilities Project. This approval was specifically for Phase 1, Pre-design. • On October 21, 2020, the City Council adopted Resolution 6277, which approved the $24,000,000 financing plan for the Police Department Facilities Project. • On December 2, 2020, the City Council adopted Resolution 6288, which approved the design/build delivery method, and approved Amendment No 1. of the agreement with Vanir Construction Management, Inc., to increase Vanir's scope of work for Phase 2 to include schematic design, bridging documents and procurement.
• On April 26, 2021, the City of Los Banos issued a Notice of Request for Statement of Qualifications (RSOQ) of Pre-Qualification for Design-Build Entities for the City of Los Banos Police Station Project.
• On June 1, 2021, the City of Los Banos received eight (8) submittals, which were evaluated by the review team, which consisted of City staff, with the assistance of Vanir Construction Management, and Taylor Group Architects. • On June 26, 2021, the City of Los Banos invited the top three (3) RSOQ proposals to participate in the Request for Proposals (RFP) for the City of Los Banos Police Station Facility Project. A mandatory pre-proposal conference was held on July 1, 2021, which included a project site visit.
• On October 21 , 2021, the City Council adopted Resolution 6411, which approved an increase the financing plan for the Police Station Facilities Project by $3,000,000, in addition to the previously approved amount of $24,000,000, for a total project budget of $27,000,000.
28 • On December 1st 2021, Council approved Swinerton Builders as the construction firm to build the new police facility.
• On November pt 2023, the Construction of the building was officially completed and staff moved into the new facility.
• Between November 1st 2023, and November 22nd 2024 Staff continued to work with Swinerton Builders to resolve minor routine construction related items (such as punch list and warranty items). As of December 4th , all warranty items have been addressed.
• As of December 18th 2024, Swinerton has completed the project.
Discussion:
The Police Department along with Vanir Construction Management oversaw the project which was delivered under the final budget and before the deadline. Swinerton Builders have been responsive and delivered a quality facility. The completed facility was nominated for a construction related award; the facility won the CMAA award in April of 2024, which further demonstrates the quality of the project that was delivered.
Fiscal Impact:
I Bank is the lending company for this project. Currently they are withholding approximately $700,000 as required by the covenants of the debt agreement. By filing this Notice of Completion, the City will have complied with the remaining requirements of this project and !Bank will release these funds to the City after 30 days from the filing.
Brent Kuhn, Finance Department
Attachments:
Resolution
Notice of Completion
29 THIS PAGE IS INTENTIONALLY LEFT BLANK
30 RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LOS BANOS ACCEPTING THE
POLICE FACILITY PROJECT AS COMPLETE
AND AUTHORIZING THE FILING OF A
NOTICE OF COMPLETION WITH THE
MERCED COUNTY RECORDER
WHEREAS, on April 26, 2021 the City of Los Banos received competitive bids for the construction of the Police Facility Construction Project; and WHEREAS, on December 1, 2021 the City Council awarded the Construction Contract to Swinerton Builders. for the construction of the Police Facility Project; and WHEREAS, the Chief of Police, and the Construction Management Firm have 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 Police Facility Project as complete; authorize the City Manager to file a Notice of Completion with the Merced County Recorder within ten (10) days after acceptance.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 18th day of December 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:
Michael Amabile, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
31 RECORDING REQUESTED BY:
WHEN RECORDED RETURN TO:
CITY OF LOS BANOS
520 'J' Street
Los Banos, California 93635
NOTICE IS HEREBY GrVEN:
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
(lf more than one owner of the interest stated, the name and address of each must be inserted.)
2. That the full name and address of the owner of said interest or estate, if there is only one owner, and the full names and addresses of all the co-owners who own said interest or estate as joint tenants, as tenants in common or otherwise, if there is more than one owner, are set forth in the preceding paragraph.
3. That the nature of the title of said owner, or if more than one, then of said owner and co-owner is: In Fee.
4. That on the 22nd day of November,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 _ _ _ ____ _ _ ____ _ Swinerton Builders
(If no contractor for work of improvement as a whole, insert "No Contractor:')
6. That the real property herein refened to is situated in the ---- - ----'C""i'-'-ty'-=of"-=L-"' o"-s ""' Bc.::an=o,,_s _ _____ ___ _ _ County of Merced State of California, and is described as follows:
"Construction of Police Facility Located at 1111 G Street Los Banos CA, 93635" The major work consisted of constructing a 28+ thousand sq foot new police facility.
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
32 LOsBanos
TO:
FROM:
DATE
t a, n
Agenda Staff Report
Mayor and City Council Members
Joe Heim, Parks and Recreation Dire~toP
December 18, 2024
TYPE OF REPORT: Consent Agenda
alifo111ia
SUBJECT: Authorizing Award of Construction to Frontline General Engineering Construction Inc. in the amount of $1,591,381.34 for the construction of Pickleball Courts and Amending the Fiscal Year 2024-2025 budget by increasing the appropriation amount in the Park Development Fund in the amount of $333,566.00.
Recommendation:
That the City Council adopts the Resolution awarding the Construction Contract to Frontline General Engineering Construction Inc. and authorizes the City Manager to execute the Construction Contract agreement in the amount of $1,591,381.34.
Staff is also requesting to amend the Fiscal Year 2024-2025 budget by increasing appropriations in the Park Development Fund account (250-454-220-720) in the amount of $333,566.00.
Background:
Pickleball is a racquet/paddle sport that utilizes a court similar to tennis courts. Courts are smaller in size than a tennis court and the game can typically be enjoyed among ages 10 and up.
Pickleball is a rapidly growing sport both locally and nationally. The sport's popularity can be attributed to its accessibility to people of all abilities and the natural socialization that occurs playing on a small court.
ITEM 7E
33 In Los Banos, the popularity of pickleball has grown exponentially since 2015. During the 2020-2021 Park Master Plan process, pickleball courts were identified as a need and a highly requested amenity from the public.
The Plan identified that residents desire specialized parks such as sports fields, dog parks, skate parks, and pickleball courts to support an active recreation lifestyle. The sport's local popularity has mirrored national growth.
In spring 2022, with the availability of American Rescue Plan Act (ARPA) funding, City staff began identifying possible locations for pickleball courts for review. Consideration was given for space to allow between 6 and 16 courts. Other considerations included possible noise impacts and the readiness of the property for construction.
City staff assigned the project to Cala for landscape architecture services relating to the design and construction of the pickleball courts. Initially, Cresthills Park (700 Pioneer Rd.) was identified as a suitable location for the construction of the courts. Upon further evaluation staff presented AG Sports Complex (700 N. Mercey Springs Rd.) as a suitable location for the pickleball courts.
AG Sports Complex hosts two softball fields, a dog park, a restroom, two horse-shoe pits, the City's largest playground and is adjacent to the large undeveloped landfill space. The Park is intended to serve as a regional park making pickleball courts an ideal addition to the park.
On February 7, 2024 City Council directed staff to pursue the design of nine (9) courts on-site in the location between the dog park and the north softball field. The space is presently undeveloped and provides close access to the newly constructed restroom. The courts are distanced away from housing and the noise impacts of the pickleball courts will be minimal.
If proposed improvements are completed, the AG Sports Complex will serve as a premier destination park for the City of Los Banos. Offering softball fields, a large parking lot, a dog park, pickleball courts, a large playground, a restroom/concession facility, and horseshoe pits.
The nine courts will provide sufficient courts for both recreation and tournament play. The walking path down the center aisle of the courts will provide a social space to encourage users to meet and interact with other members of the community.
Improvements will also include a bioretention space for stormwater collection, and the addition of eight (8) trees. There is also a supporting plaza entry space and fencing.
Discussion:
The bid opening for the project was held on November 7, 2024. The Public Works Department, through the office of the City Clerk, received one (1) bid from the following contractor:
34 Contactor: Location: Base Bid Amount:
Frontline General Engineering San Lorenzo, Ca $1,591,381.34 Construction Inc.
Staff reviewed each of the bid proposals for completeness. Frontline General Engineering Construction Inc. has provided the lowest responsive and responsible bid for the project.
Staff is recommending Frontline General Engineering Construction Inc. be awarded the contract for the construction of the Pickleball Courts.
As part of the bid package, staff requested the inclusion of bid alternate items that can be selected to be added to the project. This includes four shade sail structures that will provide shade to the central space of the pickleball courts. It also includes the addition of light poles for the project.
Bid Alternate items are work or material that is not included in the base bid for the construction and may be added to the contract.
Bid Alternate: Total:
8-1 Shade Structure, Type 1 $50,744.05
B-2 Shade Structure, Type 2 $50,744.05
8-3 Shade Structure, Type 3 $65,002.18
B-4 Shade Structure, Type 4 $82,807.48
Site Electrical: Pole lights, push-buttons, panel, cabinet, wiring, $508,748.05 and cables
Total Amount: $758,045.81
Staff is recommending the inclusion of the Bid Alternates to both provide the optimal services to the construction project and the optimal pricing for the amenities.
The addition of shade and lighting will increase the courts usage for recreational and competitive use and help to create a regional park facility at AG Sports Complex. The cost to install these items at a later date is expected to increase.
Staff is recommending the following project budget:
Item: Amount:
Base Bid: $1,591,381.34
Contingency - 10%: $159,138.13
Bid Alternates: $758,045.81
Misc., Expenses (PG&E, Compaction-testing $25,000.00
etc.,):
Total Amount: $2,533,565.28
To provide funding for the project budget, Staff is recommending to use supplemental funding from the Park Development Fund to provide the difference from the ARPA allocation of $2,200,000.00. The use of these funds optimizes the availability of park resources to complete the Pickleball Courts project.
35 Fund: Current Appropriation Recommended
Amount for Pickleball: Appropriation Increase For
Pickle ball:
ARPA-206-410-100-720 $2,200,000.00 $0.00
Park Development Fund - $0.00 .. $333,566.00 .
250-454~220-720
Total Proiect: $2,533,566.00
The Park Development receives revenue from impact fees relating to residential development. Revenue from these fees cannot be expended on personnel and are intended for capital development of parks.
Funding for major capital park projects is eligible for ARPA expenses and City Council has directed $2,200,000.00 towards the construction of pickleball courts.
The project is expected to mobilize In by January 2025 and is anticipated to be complete by June 2025. CEQA Compliance has been completed through the Community and Economic Development Department and Merced County.
Fiscal Impact:
The funding breakdown for this project is listed below:
Line Item:
206-410-100-720 (ARPA):
250-454-220-720 (Park Development Fund):
Josh
Attachments:
Resolution
Bid Opening sheet
Public Notice
Contract Agreement
Conceptual Plan
ReQuested Fiscal Impact:
$2,200,000.00
$333,566.00
B~J~±~ance Director
36 RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS AUTHORIZING THE CITY
MANAGER TO EXECUTE THE CONTRACT WITH
FRONTLINE GENERAL ENGINEERING INC. FOR
THE CONSTRUCTION OF PICKLEBALL COURTS
PROJECT AND AMENDING THE FISCAL YEAR
2024-2025 BUDGET INCREASING THE
APPROPRIATION AMOUNT IN THE PARK
DEVELOPMENT FUND ACCOUNT 250-454-220-
720 IN THE AMOUNT OF $333,566.00 FOR THE
TOTAL PROJECT AMOUNT OF $2,533,566.00
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 budget would increase expenditures by $333,566.00 in the Park Development Fund account 250-454-220-720; and
WHEREAS, the City of Los Banos solicited bids for the Construction of Pickleball Courts Project located at 700 N. Mercey Springs Rd.; and WHEREAS, the Public Works Department has determined, after receiving competitive proposals, that Frontline General Engineering Inc. provided the lowest responsive and responsible proposal in the amount of $1,591,381.34; and WHEREAS, the addition of bid alternate items: B-1 shade structure, B-2 shade structure, B-3 shade structure, B-4 shade structure, site electrical, and with contingency and construction related expenses creates a total project budget of $2,533,566.00; and WHEREAS, the proposed contract has been reviewed by the City Attorney and approved as to form; and
WHEREAS, The Public Works Department requests the City Council authorize the City Manager to execute the contract with Frontline General Engineering Inc. for the Construction of Pickleball Courts Project; and
37 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby authorize the City Manager to execute the contract with Frontline General Engineering Inc. for the Construction of Pickleball Courts Project.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 18th day of December 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:
Michael Amabile, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
38 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 AG Sports Complex Pickleball Courts will be received by the City of Los Banos at the office of the City Clerk until 2:00 p.m. Pacific Standard Time, November 7, 2024 and then at said office publicly opened and read aloud.
The major work consists of PG&E coordination and associated work, clear and grub and minor demolition of existing park facilities, erosion control, grading, bio-retention area, soil off-haul, drainage, post-tension concrete slabs, court surfacing, concrete pavement, concrete bands, chain link fencing and gates, pickleball courts, ball wall, site furnishings, site electrical conduit/feeder and pull boxes, planting and irrigation improvements.
The time for completion shall be one hundred and eighty (180) 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.
Prospective bidders are required to attend a mandatory pre-bid meeting on October 17, 2024.
Bids will not be considered from bidders who were not physically in attendance at the mandatory pre-bid meeting.
-Advertisement for Bids 1/2-
39 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. -Advertisement for Bids 2/2-
40 LOs Banos
At the Crossroads of California
BID OPENING
CONSTRUCTION OF AG SPORTS COMPLEX PICKLEBALL COURTS
November 7, 2024 - 2:00 PM
1. Frontline General Engineering Construction, Inc. $1,591,381.34 Signed:~ Dated: November 7, 2024
raBlevins,CMC
Assistant City Clerk/HR Analyst
41 Agreement
SAMPLE
Note: Particulars left blank in this sample will be filled with project specific information as outlined in these bid documents.
THIS Agreement is dated as of the ____ day of ___ in the year 20_ by and between the City of Los Banos, a California municipal corporation ("Owner") and [ENTER NAME AND TYPE OF ENTITY] ("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 "AG Sports Complex Pickleball Courts."
The work is generally described as follows:
• PG&E coordination and associated work, clear and grub and minor demolition of existing park facilities, erosion control, grading, bio-retention area, soil off-haul, drainage, posttension concrete slabs, court surfacing, concrete pavement, concrete bands, chain link fencing and gates, pickleball courts, ball wall, site furnishings, site electrical conduit/feeder and pull boxes, planting and irrigation improvements. The time for completion is one hundred and eighty (180) working days. • 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 Eight Hundred Dollars ($ 800.00) for each day that passes after the time specified in Paragraph 2 herein.
4. CONTRACT PRICE. Owner shall pay Contractor for completion of the work in accordance with the Contract Documents in current funds the amount set forth in the Bid Schedule(s). The Contractor agrees to perform all of the work described in the Contract Documents for the unit and lump sum prices set forth in the Bid Schedule(s).
5. PAYMENT PROCEDURES. Contractor shall submit applications for payment in accordance with Paragraph 24, Progress Estimates, of the General Provisions. Applications for payment will be processed by Owner as provided in the General Provisions. -A. 1/3-
42 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
(B) Information for Bidders
(C) Bid
(D) Bid Bond
(E) Agreement
(F) Payment Bond
(G) Performance Bond
(H) Notice of Award
(I) Notice to Proceed
(J) Change Order
(K) General Provisions
(L) Special Provisions
(M) Technical Specifications prepared by Callander Associates entitled "AG Sports Complex Pickleball Courts" dated September 20, 2024. (N) Drawings prepared by Callander Associates numbered 1 through 30. (0) Addenda
No. ______ , dated __________ _...;2024
No. , dated 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 -A. 2/3-
43 are not consider proprietary information. The Owner will treat all information submitted in a bid as available for public inspection once the Owner has selected a contractor. If you believe that you have a legally justifiable basis under the California Public Records Act (Government Section 6250 et. seq.) for protecting the confidentiality of any information contained within your bid, you must identify any such information, together with the legal basis of your claim in your bid. In order for the Owner to assess confidentiality of any such information on your behalf, you must request, execute and submit an Owner-prepared written agreement to defend and indemnify the Owner for any liability, costs, and expenses incurred in asserting such confidentiality as part of your bid. The final determination as to whether the Owner will assert your claim of confidentiality on your behalf shall be sole discretion of the Owner.
F. This Agreement shall not be interpreted in favor of any Party by virtue of said Party not having prepared this Agreement.
G. If any time period provided for in this Agreement ends on the day other than a Business Day, the time period shall be extended to the next Business Day.
IN WITNESS WHEREOF, Owner and Contractor have caused this Agreement to be executed the day and year first above written.
Date
ATTEST:
Lucille L. Mallonee
City Clerk
APPROVED AS TO FORM:
William A. Vaughn
City Attorney
Date
(Seal if Corporation)
By:
Title:
By:
Title:
---------- ---- -- Authorized Representative of Owner
------- ----- - - - -
- - -------------- Authorized Representative of
Contractor
----------------
(Attach Acknowledgement for Authorized Representative of Contractor) -A. 3/3-
44 EXISTING :::--7 DOG PARK ~
ORNAMENTAL
PLANTING, TYP,
·TREES, TYP
l ~~l~TING PICNIC AREA
COURT
LIGHTING, rYP.
PERIMETER FENCE,
6'H TYP.
SHADE SAIL, TYP.
~XISTING FIELD LIGHTING
TC' REMAIN
COURT ACCES~
GATE, TYP.
MULCH
CONCEPT PLAN
EXISmJG BASEBALL FIELC'
(:QIJPTSIDE BENCH, TYP
PERIMETER FENCE WITH
WINDSCREEN, ,'H, TYP.
WEST SIDE
AG SPORTS COMPLEX PICKLEBALL COURTS
Los Banos
~ ~---.PRACTICE
BACKBOARD
- [ ,on,e:,o, ""
I •
0 r1~-~::o·
January 24, 2024
23051 _Concep1Pla n.indd
45 THIS PAGE IS INTENTIONALLY LEFT BLANK
46 LOsBanos
Al ti, Crossroads of California
Agenda Staff Report
TO: Mayor and City Council Members
FROM: Charles Bergson, P.E., Public Works Director/City DATE December 18, 2024
TYPE OF REPORT: Consent Agenda Item
SUBJECT: Authorizing Award of a Construction Contact Agreement to Agee Construction the amount of $6,674,758 for construction of the Ortigalita Road and Pioneer Road Intersection and Traffic Flow Improvement Project and Amending the Fiscal Year 2024-2025 budget increasing the appropriation amount in the Public Works Capital Improvement Plan (CIP), Ortigalita & Pioneer Road Traffic Signal/Widening Project, Account Number 229-430-220-716 in the amount of $4,290,000.
Recommendation:
That the City Council adopt a Resolution awarding the Construction Contract to Agee Construction and to authorize the City Manager, or his authorized representative, to execute the Construction Contract Agreement in the amount of $6,674,758. Staff is also requesting a Budget Amendment increasing appropriations in the Public Works Capital Improvement Plan, Ortigalita & Pioneer Road Traffic Signal/Widening Project, Account Number 229-430-220-716 in the amount of $4,290,000.
Background:
The Ortigalita Road and Pioneer Road Intersection and Traffic Flow Improvement Project (Project) is the first phase of the regional Pioneer Road Widening Project that has been in the planning stages for more than five years. The current Project will relocate existing underground utilities including waterlines, storm drain and sewer, widen the intersection of Ortigalita and Pioneer Roads and install traffic signals to improve public safety and traffic circulation throughout the City. The project is designed to accommodate the planned widening and extension of Pioneer Road westerly to Highway 152 and easterly to Ward Road mitigating state, regional and local congestion on Highway 152.
ITEM 7F
47 47A
$4,290,000 will be posted to Public Works Capital Improvement Plan (CIP) Project Account No. 229--430-220-716.
Environmental Review and Proiect Schedule:
The Project has previously completed both the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) environmental review, which have been approved by the State Department of Transportation (Caltrans) and properly noticed with the Merced County Clerk. The project is expected to commence in February 2025 with.a contract construction duration of 365 calendar days.
Josh
Attachments:
Resolution
Project Location Map
Advertisement for Bid
Bid Opening Sheet
Agreement
Brent Kuhn, Finance Department
48 RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS BANOS
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
WITH AGEE CONSTRUCTION FOR THE ORTIGALITA ROAD AND
PIONEER ROAD SIGNALIZATION AND TRAFFIC FLOW
IMPROVEMENTS IN THE AMOUNT OF $6,674,758 AND AMEND THE
FISCAL YEAR 2024-2025 BUDGET INCREASING APPROPRIATIONS IN
THE PUBLIC WORKS CAPITAL IMPROVEMENT PLAN (CIP),
ACCOUNT NUMBER 229-430-220-716 IN THE AMOUNT OF $4,290,000 WHEREAS, the City Council of the City of Los Banos has been presented a proposal to increase appropriations in the Fiscal Year 2024-2025 Public Works CIP Budget, Account No. 229-430-220-716; and
WHEREAS, The City Council of the City of Los Banos may adjust the overall appropriation levels in each fund or account number at any time during the Fiscal Year by action to Amend the Budget; and.
WHEREAS, the proposed Amendment to the Fiscal Year 2024-2025 Budget would increase appropriations in the Public Works CIP Budget, Ortigalita Pioneer Road Traffic Signal/Widening Project (Project), Account Number 229-430-220-716 in the amount of $4,290,000 derived from City Traffic Impact Fee fund balances and federal and state grants administered through the Merced County Association of Governments (MCAG); and
WHEREAS, the City of Los Banos solicited bids for the Project located at the intersection of Ortigalita and Pioneer Roads; and
WHEREAS, the Public Works Department has determined, after receiving competitive proposals, that Agee Construction of Clovis, CA provided the lowest responsive and responsible proposal in the amount of $6,674,758; and WHEREAS, the proposed contract has been reviewed by the City Attorney and approved as to form; and
WHEREAS, The Public Works Department requests the City Council authorize the City Manager to execute the contract with Agee Construction for the Project; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby:
1. Approves a Total Construction Budget of $9,040,000 which includes a 15% construction contingency; and
2. Approves a Budget Amendment increasing appropriations in the Public Works CIP Budget, Ortigalita Pioneer Road Traffic Signal/Widening Project, Account 49 Number 229-430-220-716 by $4,290,000 derived from City Traffic Impact Fee fund balances and federal and state grants administered through MCAG; and
3. Authorizes the City Manager, or authorized representative, to execute the contract with Agee Construction in the amount of $6,674,758 for the Project and waves any minor bid irregularities; and
4. Authorizes the Public Works Director, or authorized representative, to execute Change Orders within the construction contingency amount; and
5. Directs staff to undertake the necessary actions to process reimbursement requests through the MCAG and otherwise complete the project.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 18th day of December 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:
Michael S. Amabile, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
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CITY OF LOS BANOS
DEPARTMENT OF PUBLIC WORKS
PLANS FOR THE RECONSTRUCTION OF
ORTIGALITA ROAD
INTERSECTION
AND PIONEER ROAD
IMPROVEMENTS
LOS BANOS, CALIFORNIA
PROJECT No. FN-20102
STATE OF CALIFORNIA TO BE SUPPLEMENTED BY: --·-'-· ··-·-·--··- THE CITY OF LOS BANOS IMPROVEMENT STANDARDS ANO SPECIFICATIONS MERCED COUNTY IMPROVEMENT STANDARDS AND SPECIFICATIONS l 1 6
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INDEX OF SHEETS
SHEET I NUMBER SHEET TITLE
-.~,:=-_}_TITLE SHEET
2 • -r- GENERAL NOTES
3-4 I TYPICAL SECTIONS
5-6 PROJECT CONTROL
i-10 .. PLAN AND P.ROFILE -----<
- 11-1 e - cONsrRUcrroN DETAILS -19-23~ , •• DRAINAGE PLANS- -----i 24-29 DRAINAGCPR0F°ILES
30-31 -ti"RAINAGE DETMLS -----·
- '32- 34- • UTILTf•f}'LANS •• - ·35-39 WATER-SHEETS
40 I WATER DETAILS
41 CONSTRUCTION AREA SIGNS
42-43 STAG!:: CONSTRUCTtoN"·-·- ---
;14:~5· • DETOUR PLAN
46-47 j SJGNAGE AND STRIPING
48-50 I ELECTRICAL PLANS
APPROVED BY MERCED COUNTY:
_& _s::e' - NATHAN BRAY, Pr,7
PUBLJC WORKS DIRtCTOA
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!lo i i' 1 TITLE ·l -·----- T-1 SHEET NUMBER j., CALLIWOlll!YOUOIQ 1 100¾ SUBMITTAL PROJECT NUMBER: rn-20102 raoJEcr EA; 10-1M320_ DATE• 111121202< RELAT/iEnJ3~~~~~/CALE L _ _,2 3 oF 50 SHEET'. 51 ..
When recorded mail to:
CITY OF LOS BANOS
520JSTREET
LOS BANOS, CALIFORNIA 93635
PROOF OF PUBLICATION
(2015.5 C. C. P.)
ST ATE OF CALIFORNIA,
County of Merced,
I am a citizen of the United States and a resident of
the county aforesaid; I am over the age of
twenty-one years, and not a party to or interested
in the above entitled matter. I am the principal
clerk of THE WESTSIDE EXPRESS, P.O. Box
2422, Los Banos, CA 93635, a newspaper of general
circulation, published in Los Banos, California in the
City of Los Banos, County of Merced, and which
newspaper has been adjudged a newspaper of general
circulation, by the Superior Court of the County of
Merced, State of California. That the notice, of which
the annexed is a printed copy (set in type not smaller
than nonpareil), has been published in each regular
and entire issue of said newspaper and not in any
supplement thereof on the following dates, to-wit:
Nov. 13, 20, 2024
I certify or declare under penalty of perjury that the
foregoing is true and correct.
Dated at Los Banos,
This Nov. 20th, 2024
. Mo.A~ 0Lha_f Signature
This space is for the County Clerk's Filing Stamp
Proof of Publication of
PUBLIC NOTICE
Advert~for Bids
crrv OF LOS BANOS
520JStreet
Los Banos, california 93635
Notice is hereby given that separate
sealed bids for the award of contract
fur the Construdlon of Pfon"'11oad/
Ortlgallta Road Slgnallzatlon & Traffic
Flow Improvements will be received by
the City of Los Banos at the office of the
City_ Clerk untll 2:00 p.m. Pacific Standard
Time. D«.mber9, 2024 and
then at said office publicly opened and
read aloud.
The major work consists of reconstructing
and signalizing the Intersection of Pioneer
Road and Ortigallta Road. Right and
left tum pockets Will be added for all
Intersection approaches and a Class 1 trail
wtllbe
installl!d·along the north side of Pioneer
Road ADA improvements Including curb
ramps and crosswalks will be installed
with the project Storm drain and water
faclffties will be installed within the
Intersection consistent with the City of Los
Banos'Utillty Master Plans. The purpose of
the project is to improve
operation and pedestrian network of
the Intersection. The project is needed
to reduce congestion and lmpro11e air
quality.
The time for completion shall be two
hundred sixty (260) working days.
The Contract Documents. In their entirety,
,-~ viewed-and/or oetaihe«H'rem tile
City of Los Banos
website at wwwJosbanos.org or at the
following locations:
Central California Builders Exchange
(www.cencalbx.com)
Builders Exchange of Stockton (www.
besonline.oom)
Valley Builders Exchange, Inc. (www.
valleybx.com)
Bullders EKchange of Santa Clara County
(www.bxscco.com)
Dodge Data & Analytla (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
requl~ 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 bythe 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
Jmprovements and is made a part of the
specifications and contract for said work
t.o which reference 1s hereby made for
further particulars. •
No contractor or subcontractor may
be listed on a bid proposal or awarded
a contract for publfc work on a publk •
1 works project unless registered with .
the Department of Industrial Relations I
pursuant to Labor Code section 1725.S.
This project is subject to compliance
monitoring and enforcement by the
Department of Industrial Relations.
Contractor registration infonnatlon can
be found at: http;(lwww.dk.ca,aov/
Pubtic-wortwpublkWo,vJrtml
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 endosl!d therewith.
The successful bidder of this project shall
have the following current and active
Califumla State Contractor's license at
the time of the submission of the·bld and
throughout the duration of the contract:
Class A.
Bidders shall ~, to the Contract
DoculTl@nt's Information for Bidders for
complete Instructions.
Bidders are solely responsible for the cost
of preparing their bids.
The Crty 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.
Nov.13,20,2024
WEXl24-193
52 COs Banos
Al the Crossroads of California
BID OPENING
CONSTRUCTION OF PIONEER ROAD/ORTIGALITA ROAD
SIGNALIZATION & TRAFFIC FLOW IMPROVEMENTS
December11. 2024
1. Cal Valley Construction
2. Granite Construction Company
3. George Reed, Inc.
4. Graniterock
5. Agee Construction Corporation
Signed:S ~-~·
Sara Blevins, CMC
Assistant City Clerk/HR Analyst
~)-NJQ,t..fAALo
JeleDeMelo
Administrative Coordinator
$ 6,958,388.00
$8,228,290.00
$6,931,034.00
$ 8,114, 194.00
$6,674,758.00
Dated: December 11, 2024
53 Agreement
THIS Agreement is dated as of the ___ day of ___ in the year 20_ by and between the City of Los Banos, a California municipal corporation ("Owner") and Agee Construction Corporation ("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 "Pioneer road/Ortigalita road Signalization & traffic Flow Improvements." The work is generally described as follows:
• Reconstructing and signalizing the intersection of Pioneer Road and Ortigalita Road. Right and left turn pockets will be added for all intersection approaches and a Class 1 trail will be installed along the north side of Pioneer Road. ADA improvements including curb ramps and crosswalks will be installed with the project. Storm drain and water facilities will be installed within the intersection consistent with the City of Los Banos' Utility Master Plans. The purpose of the project is to improve operation and pedestrian network of the intersection. The project is needed to reduce congestion and improve air quality. • 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 365 calendar days, 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 Five Thousand Dollars($ 5,000.00) 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. 54 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
(B) Information for Bidders
(C) Bid
(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 Ed Noriega entitled "Pioneer Road/ Ortigalita Road Signalization & Traffic Flow Improvements Technical Specifications", dated November 2024.
(N) Drawings prepared by Ed Noriega numbered 1 through 50. (0) Addenda No. 1, dated 11/27/24, and No. 2, dated 12/6/24.
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 55 any subsequent contract become public records per the requirements of the California Government Code, Sections 6250-6270, "California Public Records Act". Proprietary material must be clearly marked as such. Pricing and service elements of the successful bid are not considered proprietary information. The Owner will treat all information submitted in a bid as available for public inspection once the Owner has selected a contractor. If you believe that you have a legally justifiable basis under the California Public Records Act (Government Section 6250 et. seq.) for protecting the confidentiality of any information contained within your bid, you must identify any such information, together with the legal basis of your claim in your bid. In order for the Owner to assess confidentiality of any such information on your behalf, you must request, execute and submit an Owner-prepared written agreement to defend and indemnify the Owner for any liability, costs, and expenses incurred in asserting such confidentiality as part of your bid.
The final determination as to whether the Owner will assert your claim of confidentiality on your behalf shall be sole discretion of the Owner.
F. This Agreement shall not be interpreted in favor of any Party by virtue of said Party not having prepared this Agreement.
G. If any time period provided for in this Agreement ends on the day other than a Business Day, the time period shall be extended to the next Business Day.
IN WITNESS WHEREOF, Owner and Contractor have caused this Agreement to be executed the day and year first above written.
Date
ATTEST:
Lucille L. Mallonee
City Clerk
APPROVED AS TO FORM:
William A. Vaughn
City Attorney
Date
(Seal if Corporation)
By: ---------------- Authorized Representative of Owner Title: ----------------
By: - --------------- Authorized Representative of Contractor Title: ----------------
(Attach Acknowledgement for Authorized Representative of Contractor) 56 TO:
FROM:
DATE:
LOsBanos
i\t the C,ossroads of Califo,-11ia
Agenda Staff Report
Mayor Amabile and Council Members
Brent Kuhn, Interim Finance Director
December 18, 2024
SUBJECT: Development Impact Fee Report for Fiscal Years 2020-2024 (AB1600 Report)
TYPE OF REPORT: Public Hearing
Recommendation:
Staff recommends that the City accept the Development Impact Fee Report (AB1600 Report) for Fiscal Years 2020 through 2024.
Background:
This report contains information regarding the City of Los Banos development impact fees for Fiscal Years 2020 through 2024. This information is presented to comply with the reporting requirements contained in Government Code section 66000 et seq., also known as AB1600. Please note that this annual report is not a budget document, but rather is compiled to meet reporting requirements only. It is not intended to represent a full picture of currently planned projects as it only reports revenues and expenditures for the fiscal years referenced above.
Government Code Section 66006 requires local agencies to submit annual and five-year reports detailing the status of development impact fees. This is the administrative report for development fees for the fiscal year ending June 30, 2020 through 2024. This report includes the development related fees, the interest earned, and the amounts expended in connection with those fees for the City of Los Banos and complies with Section 66006 of the California Government Code.
Discussion:
The fees collected from developers that are in the governmental funds (traffic, storm drain, fire, police, public facilities, community center and park) are collected and reported in separate governmental funds for each type of impact fee.
ITEM 8A
57 The enterprise funds for Water & Wastewater show the fees collected from developers in a designated account named "restricted cash DIF". It is separate from regular cash and can only be used for capital items related to development.
The City does not earmark development impact fees for any specific project as the fees are collected, but rather the fees are applied toward a series of capital improvement projects. Such projects include but are not limited to:
1. Future Police and Fire facilities
2. Water, Wastewater, and Storm Drain improvements
3. Park and Public facilities
4. Community Center construction and improvements
5. Traffic related projects
6. Other capital facilities
The water, wastewater, storm drain, and traffic funds are established under separate master plans to determine the rate charged to the developers. In fiscal year 2019-2020 a development impact fee justification study dated December 31, 2019 was conducted by David Taussig & Associates Inc. which provided a basis updating the City's development impact fees. Council adopted the revised impact fees on January 15, 2020 and they became effective April 5, 2020. As future development occurs, the updated development impact fees will be due per the justification study dated December 31, 2019.
Fiscal Impact:
This report is informational only and has no fiscal impact. The report includes findings related to the funds held in excess of 5 years and reports revenues, expenditures, and fund balances for fiscal years 2020-2024 for the impact fee funds.
Reviewed by:
Josh
Attachments:
Development Impact Fee Report and Letter of Transmittal Public Hearing Notice
Development Impact Fee Justification Study dated December 31, 2019 Resolution 6163
Ordinance 1178
Ordinance 844
58 LOsBanos
t th .ross,-oads of California
DEVELOPMENT IMPACT FEE
ANNUAL REPORT
FISCAL YEARS 2020-2024
59 Table of Contents
City Council and Elected Officials
Letter of Transmittal
INTRODUCTION
Legal Requirement for Development Impact Fee Reporting
Description and Purpose of Development Impact Fees
FINANCIAL SUMMARY REPORT
Statement of Revenues, Expenditures and Changes in Fund Balance Fire Facilities Development Impact Fee Fund
Police Facilities Impact Fee Fund
Parks & Recreation Facilities Development Impact Fee Fund Water Facilities Development Impact Fee Fund
Sewer Facilities Development Impact Fee Fund
Storm Drain Facilities Development Impact Fee Fund
Traffic Facilities Development Impact Fee Fund
General Government Facilities Development Impact Fee Fund Administration 3% Fee Fund
DEVELOPER IMPACT FEE SCHEDULE
PRIOR FEES SCHEDULE
NOTESTOTHEDEVELOPMENTIMPACTFEEREPORT
DEVELOPMENT IMPACT FEE PROJECTS IDENTIFICATION
1 2
3 5
6 8
9 10
11 12
13 14
15 16
17 18
18 19
19 60
LOsBanos
t tli ross,·oad of Cal~fontit1
City Council and Elected Officials as of December 18, 2024 Mike Amabile
Deborah Lewis
Kenneth Lambert
Vacant
Vacant
Lucy Mallone
Lucy Lawrence
Executive Team
Josh Pinheiro
Brent Kuhn
Lucy Mallonee
Charles Bergson
Joe Heim
Stacy Souza Elms
Paul Tualla
Rey Reyna
William Vaughn
2 Mayor
Mayor Pro-T em
Council Member
Council Member
Council Member
City Clerk
City Treasurer
City Manager
Interim Finance Director
Human Resources Director
Public Works Director
Interim Parks & Recreation Director
Community Development Director
Fire Chief
Chief of Police
City Attorney
61 LOsBanos
t th d ,j Calijornia
LETTER OF TRANSMITTAL
December 18, 2024
Dear Mayor and Members of the City Council:
California Government Code requires reporting of the usage of Development Impact Fees. Therefore, in accordance with the provisions of the State of California and Government Code Section 66000 et seq., I hereby submit the Annual AB 1600 Development Impact Fee Report for the City of Los Banos, CA for the fiscal years ended June 30, 2020 through June 30, 2024.
Development Impact Fees are a monetary exaction other than a tax or special assessment, which is charged by a local government agency to an applicant in connection with approval of a development project. The purpose of these fees is to defray all or a portion of the cost of public facilities related to the development project. The legal requirements for implementing a development impact fee program are set forth in Government Code Section 66000 et seq., the majority of which was adopted as Assembly Bill (AB) 1600 and is commonly referred to as AB 1600 requirements.
The Development Impact Fee program has been in effect in the City of Los Banos since 2000 set forth by Ordinance 954.
A comprehensive impact fee nexus study was completed and prepared on June 28, 2006 by Goodwin Consulting Group and complies with California Government Code Section 66000 et seq. This study established the basis for the imposition of the fees on new development impact. The study did the following:
1. Identified the purpose of the fees .
2. Identified the use to which the fees will be put.
3. Showed a reasonable relationship between the use of the fees and the type of development project on which the fees are imposed.
4. Demonstrated a reasonable relationship between the need for the public facilities and the type of development projects on which the fees are imposed.
5. Demonstrated a reasonable relationship between the amount of the fees and the cost of the public facilities or portion of the public facil ities attributable to the development on which the fees are imposed.
The development impact fees were updated in the Development Impact Fee Justification Study Dated December 31 , 2019 completed by David Taussig & Associates, Inc. The updated impact fees became effective April 5, 2020. 3 62
The fees are collected at the time a building permit is issued unless a developer through a development agreement, is allowed to defer payment until a certificate of occupancy is granted. The purpose of the fees is to mitigate the impact caused by new development on public facilities. They are then used to finance the acquisition, construction, and improvement of public facilities needed as result of the impact of the new development. Separate funds have been created to account for the impact fees.
State law requires the City to prepare and make available to the public an annual report for each fund established to account for the Development Impact Fees. This report must include the beginning and ending balances as well as any changes.
The report must also include the amount of fees collected, interest earned, and expenditures made during the fiscal year.
The City Council must review the annual AB1600 Report at a regularly scheduled public meeting. This report was filed with the City Clerk's office and available for public review on December 18, 2024.
Respectfully Submitted,
Brent Kuhn
Interim Finance Director
4 63
THIS PAGE IS INTENTIONALLY LEFT BLANK
64 LOsBanos
f the ro • , ,id oJ llifor11i.e1
INTRODUCTION
LEGAL REQUIREMENTS FOR DEVELOPMENT IMPACT FEE REPORTING A. California Government Code Section 66006 (b)
Government Code Section 66006 (b) defines the specific reporting requirements for local agencies that impose AB 1600 Developer Impact Fee (DIF) on new development. Annually, for each separate fund established for the collection and expenditure of DIFs, the local agency shall, within 180 days after the last day of each fiscal year, make available to the public the information shown below for the most recent fiscal year. • A brief description of the fee.
• The amount of the fee.
• The beginning and ending balance of the account or fund. • The amount of the fees collected, and the interest earned. • An identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees.
• An identification of an approximate date by which the construction of the public improvement will commence, if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement.
• A description of each inter-fund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an inter-fund loan, the date on which the loan will be repaid, and the rate of interest that the account or fund will receive on the loan; and
• The amount of refunds made due to insufficient funds being collected to complete financing on incomplete public improvements, and the amount of reallocation of funds made due to administrative costs of refunding unexpended revenues exceeding the amount to be refunded.
B. California Government Code Section 66001 (d)
For all funds established for the collection and expenditure of DIFs, Government Code Section 66001 (d) has additional requirements. For the fifth fiscal year following the first deposit into the fund and every five years thereafter, the local agency shall make all of the following findings with respect to that portion of the fund remaining unexpended, whether committed or uncommitted:
• Identify the purpose to which the fee is to be put.
• Demonstrate a reasonable relationship between the fee and purpose for which it is charged. • Identify all sources and amounts of funding anticipated to complete financing in incomplete improvements. • Designate the approximate dates on which the funding is expected to be deposited into the appropriate account or fund.
5 65
C. Additional Notes
The State of California Government Code Section 66002 states that local agencies that have developed a fee program may adopt a Capital Improvement Plan (GIP) indicating the approximate location, size and timing of projects, plus an estimate for the cost of all facilities or improvements to be financed by fees . A formal GIP is recommended, at a minimum, as a five-year plan. The City biennially produces a five-year GIP, which helps to maintain and support the City's General Plan. The GIP also includes a 5-year projection of development fee revenue and expenditures. Further, it identifies situations where infrastructure is needed to accommodate the planned development.
The City does not earmark development impact fees for any specific project as the fees are collected, but rather the fees are applied toward a series of capital improvement projects, such as a future police and fire facilities, sewer, water, and storm drain improvements, park and public facilities, community center construction and improvement, traffic related projects, and other capital facilities.
The City's current, adopted 2025-29 Capital Improvement Program can be found on the City's website.
D. Establishing a Reasonable Relationship Between the Fee and the Purpose for Which It Is Charged The reasonable relationship between the development impact fee (DIF} and the purpose for which it is charged for the years preceding April 5, 2020 is demonstrated in the Development Cost and Fee Study done by Goodwin Consulting dated June 28, 2006. The City enacted an additional fee schedule in order to complete improvements for Water, Wastewater, Public Facilities, and Traffic by approving ordinance No.954 dated February 2, 2000.
On January 15, 2020, the City Council adopted an updated DIF, after consideration of the requisite AB 1600 nexus study dated December 31, 2019. The updated DIFs became effective on April 5, 2020, and are applied to new or expanded commercial development, new residential development, and upon uses which intensify the use of existing commercial or residential structures. A new General Government Facilities fee was established in the justification study which incorporated the City Hall, Corporation Yard, Community Center and Public Facilities Impact fees and was established in Ordinance 1178.
The DIF's nexus study sets forth the relationship between contemplated future development, facilities needed to serve future development and the estimated costs for those improvements based on the current General Plan.
Comprehensive updates to the fees are completed on an as-needed basis to ensure the amount continues to reflect the appropriate fee in relation to updated costs.
E. Funding of Infrastructure
In the FY 2025 adopted budget, 5-year Capital Budget section identifies all funding sources and amounts for individual projects through FY 2029. The GIP is updated biennially to reflect the current infrastructure needs of the city. As a GIP project is identified, the project is evaluated to determine the portion of the project that will service existing residents and businesses versus new development.
Once the determination of use is made, the percentage of use attributable to new development is then funded by the appropriate development fee based on the type of project. The percentage of use associated with existing residents or businesses is funded from other appropriate sources as outlined in the GIP. Estimated construction start dates for projects are adjusted, as needed, to reflect the needs of the community.
DESCRIPTION AND PURPOSE OF DEVELOPMENT IMPACT FEES (DIF) The City collects DIFs to offset and address the impacts of new development on facilities and infrastructure. Currently, there are nine (9) DIF categories: Fire Facilities, Police Facilities, Park Facilities, Water Facilities, Sewer Facilities, Storm Drainage Facilities, Traffic Facilities, General Government Facilities and 3% Administration Fee. While each fee category has its own methodology for determining fees, two main principles apply throughout. The City aims to maintain the existing level of service as the City continues to grow and new development should pay its fair share of the City's infrastructure needs. 6 66
DESCRIPTION AND PURPOSE OF DEVELOPMENT IMPACT FEES (DIF) Continued Fire Facilities DIF - To provide for the expansion, design and construction of Fire facilities as set forth in the nexus study.
The purpose of the fire facilities impact fee is to fund the fire facilities needed to serve new development based on planned facilities referenced in the 2019 development impact fee update and nexus study. This fee will provide funding for the construction and improvement of the fire protection facilities within the City, including any required acquisition of land to serve the needs of new development. Fee study shows equipment as well as facilities.
Police Facilities DIF - To provide for the expansion, design and construction of Police facilities as set forth in the nexus study. The purpose of the police facilities impact fee is to fund the police facilities needed to serve new development. based on planned facilities referenced in the 2019 development impact fee update and nexus study. This fee will provide funding for construction and improvement of the City's law enforcement facilities, including a new police sub-station, a new comprehensive radio system, and acquisition of additional new police vehicles and equipment in order to meet the needs of new development.
Park and Recreation Facilities DIF - To provide for the development of parks to add to the system of park and recreation facilities as specified in the nexus study. The purpose of the Parks and Recreation impact fee is to generate revenue to fund the park and special use facilities necessary to mitigate the impacts of new residential developments on the residents and businesses in the City of Los Banos. Residents of Los Banos use park and special use facilities. The fees advance a legitimate City interest by enabling the City to provide park and recreation facilities to new development based on planned facil ities referenced in the 2019 development impact fee update and nexus study. This fee will provide funding for construction and improvement of parks and recreational facilities within the City, including any required acquisition of land to meet the demands generated by the new development.
Water Facilities DIF - To provide design and construction of key elements of the Citywide Water System including but not limited to the expansion of production, storage, transmission, treatment and distribution facilities . The purpose of the fees is to ensure that new development funds its fair share of these costs on future water supplied Citywide, based on planned facilities referenced in the 2019 development impact fee update and nexus study. This fee will provide funding for the construction and implementation of improvements to key elements of the citywide water system sufficient to accommodate future water supply {plus a reserve for storage facilities or additional wells) demand generated by new development.
Sewer Facilities DIF - To provide design and construction of key elements of the Citywide Wastewater System including but not limited to the expansion of collection and treatment capacities and the expansion of non-potable water facilities. The purpose of the fees is to ensure that new development funds its fair share of these costs on future wastewater treatment Citywide, based on planned facilities referenced in the 2019 development impact fee update and nexus study.
Storm Water Drainage Facilities DIF - To provide design and construction of key elements of the Citywide Storm Water System including but not limited to the expansion of production, storage, transmission, treatment and distribution facilities.
The purpose of the fees is to ensure that new development funds its fair share of these costs on future water supplied Citywide, based on planned facilities referenced in the 2019 development impact fee update and nexus study. This fee will provide funding for the construction and implementation of improvements to key elements of the citywide stormwater system sufficient to accommodate future sewer demand generated by new development.
Traffic Facilities DIF - To provide for transportation facilities to accommodate the increase in traffic generated by new development as specified in the nexus study. The purpose of this fee is to ensure that new development funds its fair share of transportation facilities, including roadway segments and intersection improvements. The need for street improvements is based on the trip demand placed on the system by new development, based on planned facilities referenced in the 2019 development impact fee update and nexus study. This fee will provide funding for the construction, management, and implementation of improvements to key elements of the citywide transportation system sufficient to accommodate future traffic demands generated by new development.
7 67
DESCRIPTION AND PURPOSE OF DEVELOPMENT IMPACT FEES (DIF) Continued General Governmental Facilities DIF - The purpose of this fee is to ensure new development as reference in the nexus study will provide funding for capital costs relating to facilities used by the City to provide general governmental services, based on planned facilities referenced in the 2019 development impact fee update and nexus study. This fee will provide funding for capital costs relating to facilities used by the City to provide general governmental services. The Community Center Impact Fee was eliminated and the activity was transferred to the General Government Impact Fund. Prior Years Fund Balance will provide funding for construction, improvement and maintenance of a community center within the City, including any required acquisition of land to meet the demands generated by the new development.
The Corporate Yard Impact Fee fee was eliminated and the activity was transferred to the General Government Impact Fund. Prior years Fund Balance will provide funding for corporate yard facilities within the City in order to meet the demands generated by new development. The City Ha/I Impact Fee was eliminated and the activity was transferred to the General Government Impact Fund. Prior years Fund Balance will provide funding for capital costs relating to municipal services performed in the existing City Hall in order to meet the demands generated by the new development. The Public Facilities Impact Fee was eliminated and the activity was transferred to the General Government Impact Fund. Prior years Fund Balance will provide funding for the expansion of public facilities that house City staff generated by new development. 3% Administration - This fee will provide funding for municipal services relating to the administration of the impact fee programs and the administrative demands generated by new development, based on planned facilities referenced in the 2019 development impact fee update and nexus study.
FINANCIAL SUMMARY REPORT
Development Impact Fees
Statement of Revenues, Expenditures and Changes in Fund Balance For the Year Ended June 30, 2024
Storm
Police Park & Rec Water Sewer Drainage Traffic General Gov't Descrietion Fire Facilities Facilities Facilities Facilities Facilities Facilities Facilities Facilities Administration
REVENUES
Fees $ 205,863 $ 530,888 $ 1,128,755 $ 787,934 $ 1,114,018 $121,048 $ 660,824 $ 321 ,746 $ 93,473 Interest 106,139 37,728 354,426 349,721 305,437 24,618 482,053 131,795 30,381 Other 212,253 3,119 229 651 558 173
Total Revenues 524,255 571 735 1,712,832 1 137 655 1,419,455 145 666 1,701 050 453 541 123,854
EXPENDITURES
Expenditures 593,447 1,108,803 640 116 128,264 2,017,261 895,409 797,830 101 ,048 Total Expenditures 593,447 1 108 803 640 116 128 264 2,017,261 895,409 797 830 101,048
REVENUES OVER
(UNDER)
EXPENDITURES (69,192) (537,068) 1,072,716 1,009,391 (597,806) 145,666 805,641 (344,289) 22,806 Fund Balance,
Beginning of Year 1,984,605 1,220,143 7,175,260 12,661 ,778 11 ,871 ,307 472,901 10,213,231 3,056,009 661 ,946 Fund Balance,
End of Year $1,915,413 $ 683,075 $ 8,247,976 $13,67\ 169 $11,273,501 $ 618,567 $ 11 ,018,872 $ 2,711 ,720 $ 684,752 8 68
FINANCIAL SUMMARY REPORT1 Continued
Fire Facilities Impact Fee Fund
Statement of Revenues, Expenditures and Changes in Fund Balance Last Five Fiscal Years
Description FY 2019/20 FY 2020/21 FY 2021/22
REVENUES
Fees $ 221,686 $ 454,623 $ 351,896
Interest 26,654 1,443 (6,233)
Other
Total Revenues 248,340 456,066 345,663
EXPENDITURES
Expenditures 649,439
Total Expenditures 649,439
REVENUES OVER (UNDER) EXPENDITURES 248,340 (193,373) 345,663 Fund Balance, Beginning of Year 1,430,853 1,679,193 1 485,820 Fund Balance, End of Year $ 1,679,193 $ 1,485,820 $ 1,831,483 Five Year Revenue Test Using First In First Out Method
Revenue Available:
Current Fiscal Year
Current Fiscal Year (old fees) 248,340 456,066
Prior Fiscal Year (2-yr old funds)( old fees) 248,340
Prior Fiscal Year (3-yr old funds)(old fees)
Prior Fiscal Year (4-yr old funds)(old fees)
Prior Fiscal Year (5-yr old funds)(old fees)
In Excess of 5 Prior Fiscal Years(old fees) 1,430,853 781,414 Total Revenues Available $ 1,679,193 $ 1,485,820
The five-year findings test met as required by Gov Code 66001 (d) Notes:
86,416
259,247
456,066
248,340
781,414
$ 1,831,483
FY 2022/23 FY 2023/24
$ 107,463 $ 205,863
45,659 106,139
212,253
153,122 524,255
593,447
593,447
153,122 (69,192)
1 831,483 1,984,605
$ 1,984,605 $ 1,915,413
153,122 524,255
345,663 153,122
456,066 345,663
248,340 456,066
248,340
781 ,414 187,967
$ 1,984,605 $ 1,915,413
In using the revenue and expenditures reports to report fees that have been held past the fifth year of the first deposit, the total expenditures and transfers out over the five-year period must add together. The computed total must be subtracted from the earliest fund balance plus any transfers in for that year. The Fire Facilities Impact Fee Fund reports money being held past the fifth year of first deposit.
The City intends to use these funds to assist in the construction of Fire House# 4 including a regional training facility and EOC as identified in the 2019 Nexus report. The City has secured $5M in direct financing from the State of California and is in the process of securing additional financing from the State in order to construct the $12.5 M facility. The City has been dedicated land where the project will be built. The project is in the design/build stages of development and the funds are not expected to be deposited into this fund until the remaining $7.5 Mis secured from additional financing.
9 69
FINANCIAL SUMMARY REPORT, Continued
Police Facilities Impact Fee Fund
Statement of Revenues, Expenditures and Changes in Fund Balance Last Five Fiscal Years
Description FY 2019/20 FY 2020/21 FY 2021/22
REVENUES
Fees $ 617,943 $ 1,224,396 $ 908,939
Interest 56,516 2,783 (1,251)
Other 2,574 4,727
Total Revenues 674,459 1,229,753 912,415
EXPENDITURES
Expenditures 1,464,086 772,998 3,002,124
Total Expenditures 1,464,086 772,998 3,002,124
REVENUES OVER (UNDER) EXPENDITURES (789,627) 456,755 (2,089,709) Fund Balance, Beginning of Year 3,355,086 2,565.459 3,022,214 Fund Balance, End of Year $ 2,565,459 $ 3,022,214 $ 932,505 Five Year Revenue Test Using First In First Out Method
Revenue Available:
Current Fiscal Year
Current Fiscal Year (old fees) 674,459 1,229,753
Prior Fiscal Year (2-yr old funds)(old fees) 674,459
Prior Fiscal Year (3-yr old funds)( old fees)
Prior Fiscal Year (4-yr old funds)(old fees)
Prior Fiscal Year (5-yr old funds)(old fees)
In Excess of 5 Prior Fiscal Years(old fees) 1,891 ,000 1,118,002 Total Revenues Available $ 2,565,459 $ 3,022,214
The five-year findings test met as required by Gov Code 66001(d) Notes:
228,104
684,311
20,090
$ 932,505
FY 2022/23 FY 2023/24
$ 261 ,570 $ 530,888
26,068 37,728
3,119
287,638 571,735
1,108,803
1,108,803
287,638 (537,068)
932,505 1,220,143
$ 1,220,143 $ 683,075
287,638 571,735
912,415 111,340
20,090
$ 1,220,143 $ 683,075
In using the revenue and expenditures reports to report fees that have been held past the fifth year of the first deposit, the total expenditures and transfers out over the five-year period must add together. The computed total must be subtracted from the earliest fund balance plus any transfers in for that year. The Police Facilities Impact Fee Fund does not report money being held past the fifth year of first deposit.
10 70
FINANCIAL SUMMARY REPORT, Continued
Parks & Recreation Facilities Impact Fee Fund
Statement of Revenues, Expenditures and Changes in Fund Balance Last Five Fiscal Years
Description FY 2019/20 FY 2020/21 FY 2021/22 FY 2022/23 FY 2023/24
REVENUES
Fees $ 1,102,361 $ 1,245,267 $ 865,656 $ 416,027 $ 1,128,755 Interest 112,543 6,799 (18,758) 131,069 354,426
Other 85,470 93,758 64,232 31,080 229,651
Total Revenues 1,300,374 1,345,824 911 ,130 578,176 1,712,832
EXPENDITURES
Expenditures 186,664 416,958 77,716 77,716 640,116
Total Expenditures 186,664 416,958 77,716 77,716 640,116 REVENUES OVER (UNDER) EXPENDITURES 1,113,710 928,866 833,414 500,460 1,072,716 Fund Balance, Beginning of Year 3,798,810 4,912,520 5,841,386 6,674,800 7,175,260 Fund Balance, End of Year $ 4,912,520 $ 5,841,386 $ 6,674,800 $ 7,175,260 $ 8,247,976 Five Year Revenue Test Usin First In First Out Method
Revenue Available:
Current Fiscal Year 227,783 578,176 1,712,832
Current Fiscal Year ( old fees) 1,300,374 1,345,824 683,348 Prior Fiscal Year (2-yr old funds)(old fees) 1,300,374 1,345,824 911,130 578,176 Prior Fiscal Year (3-yr old funds)(old fees) 1,300,374 1,345,824 911,130 Prior Fiscal Year (4-yr old funds)(old fees) 1,300,374 1,345,824 Prior Fiscal Year (5-yr old funds)(old fees) 1,300,374
In Excess of 5 Prior Fiscal Years(old fees) 3,612,146 3,195,188 3,117,472 3,039,756 2,399,640 Total Revenues Available $ 4,912,520 $ 5,841 ,386 $ 6,674,800 $ 7,175,260 $ 8,247,976 The five-year findings test met as required by Gov Code 66001 (d) Notes:
In using the revenue and expenditures reports to report fees that have been held past the fifth year of the first deposit, the total expenditures and transfers out over the five-year period must add together. The computed total must be subtracted from the earliest fund balance plus any transfers in for that year. The Parks & Recreation Facilities Impact Fee Fund is planning on upgrading Colorado Park in fiscal year 2025. The City anticipates using all funds in excess of five-years for this project. The project also includes $1 M from the State and additional funding from various grants.
11 71
FINANCIAL SUMMARY REPORT, Continued
Water Facilities Impact Fee Fund
Statement of Revenues, Expenditures and Changes in Fund Balance Last Five Fiscal Years
Description FY 2019/20 FY 2020/21 FY 2021/22
REVENUES
Fees $ 1,314,128 $ 1,729,108 $ 1,336,854
Interest 134,033 43,506 14,651
Other
Total Revenues 1,448161 1,772,614 1,351,505
EXPENDITURES
Expenditures
Total Expenditures
REVENUES OVER (UNDER) EXPENDITURES 1,448,161 1,772,614 1,351,505 Fund Balance, Beginning of Year 8,089,495 9,537,656 11 ,310,270 Fund Balance, End of Year $ 9,537,656 $ 11,310,270 $12,661,775 Five Year Revenue Test Using First In First Out Method
Revenue Available:
Current Fiscal Year
Current Fiscal Year (old fees) 1,448,161 1,772,614
Prior Fiscal Year (2-yr old funds)(old fees) 1,448,161
Prior Fiscal Year (3-yr old funds)(old fees)
Prior Fiscal Year (4-yr old funds)(old fees)
Prior Fiscal Year (5-yr old funds)(old fees)
In Excess of 5 Prior Fiscal Years(old fees) 8,089,495 8,089,495 Total Revenues Available $ 9,537,656 $11 ,310,270
The five-year findings test met as required by Gov Code 66001 (d) Notes:
337,876
1,013,629
1,772,614
1,448,161
8,089,495
$12,661,775
FY 2022/23 FY 2023/24
$ 451,560 $ 787,934
197,749 349,721
649,309 1,137,655
649,309 1,137,655
12,661,775 13,311,084
$13,311,084 $ 14,448,739
649,309 1,137,655
1,351,505 649,309
1,772,614 1,351,505
1,448,161 1,772,614
1,448,161
8,089,495 8,089,495
$13,311,084 $14,448,739
In using the revenue and expenditures reports to report fees that have been held past the fifth year of the first deposit, the total expenditures and transfers out over the five-year period must add together. The computed total must be subtracted from the earliest fund balance plus any transfers in for that year. The Water Facilities Impact Fee Fund reports money being held past the fifth year of first deposit. The City intends to address capacity and treatment as identified in the 2019 Nexus Report. Some examples of these projects are as follows:
• Well 16 - new groundwater well and Storage tank - $4.4M - Design TBD, construction TBD. (These dates changed due to test well results)
• Chromium 6 - well head treatment- reduction coagulation treatment- pilot study 2024-25, design criteria TBD, construction (TBD pending funding and state regulation) $40M - $90M.
The City intends to utilize all the Impact Fees for this purpose and is in the process of reviewing user rates and exploring debt financing in order to fund the $315M of potential costs associated with future capacity and treatment. The City is working with the State of California and the State Water Resource Control Board to identify the timing of the funding. Once funding is secured the money will be deposited in the Water Enterprise Fund. (This fund accounts for the Impact Fee as restricted cash). 12 72
FINANCIAL SUMMARY REPORT, Continued
Sewer Facilities Impact Fee Fund
Statement of Revenues, Expenditures and Changes in Fund Balance Last Five Fiscal Years
Description FY 2019/20 FY 2020/21 FY 2021/22
REVENUES
Fees $ 1,495,556 $ 2,659,219 $ 1,827,245
Interest 98,869 32,577 12,590
Other
Total Revenues 1,594,425 2,691,796 1,839,835
EXPENDITURES
Expenditures 17,636
Total Expenditures 17,636
REVENUES OVER (UNDER) EXPENDITURES 1,594,425 2,691,796 1,822,199 Fund Balance, Beginning of Year 5,762,887 7,357,312 10,049,108 Fund Balance, End of Year $ 7,357,312 $10,049,108 $11,871,307 Five Year Revenue Test Using First In First Out Method
Revenue Available:
Current Fiscal Year 459,959
Current Fiscal Year (old fees) 1,594,425 2,691,796 1,379,876 Prior Fiscal Year (2-yr old funds)( old fees) 1,594,425 2,691,796 Prior Fiscal Year (3-yr old funds)( old fees) 1,594,425 Prior Fiscal Year ( 4-yr old funds)( old fees)
Prior Fiscal Year ( 5-yr old funds)( old fees)
In Excess of 5 Prior Fiscal Years(old fees) 5,762,887 5,762,887 5,745,251 Total Revenues Available $ 7,357,312 $10,049,108 $ 11,871,307 The five-year findings test met as required by Gov Code 66001(d) Notes:
FY 2022/23 FY 2023/24
$ 565,730 $ 1,114,018
564,437 305,437
1,130,167 1,419,455
806,365 2,017,261
806,365 2,017,261
323,802 (597,806)
11 871 ,307 12,195,109
$12,195,109 $11,597,303
1,130,167 1,419,455
1,839,835 1,130,167
2,691,796 1,839,835
1,594,425 2,691,796
1,594,425
4,938,886 2,921,625
$12,195,109 $11,597,303
In using the revenue and expenditures reports to report fees that have been held past the fifth year of the first deposit, the total expenditures and transfers out over the five-year period must add together. The computed total must be subtracted from the earliest fund balance plus any transfers in for that year. The Sewer Facilities Impact Fee Fund reports money being held past the fifth year of first deposit. The City intends to address capacity and treatment as identified in the 2019 Nexus Report. Some examples of these projects are as follows:
• Wastewater Treatment plant rehabilitation (pipe casing and replacement) - $4M - design TBD (Based on Master Plan criteria, construction 2025-2026.
• Sewer lift station backup generator replacement (Tier 4 per new air board regulation) - $600K, design 2024, construction 2025- 2026.
The City intends to utilize all the Impact Fees for this purpose and is in the process of reviewing user rates and exploring debt financing in order to fund the $75M of potential costs associated with future capacity, treatment, and wastewater flow. Once funding is secured the money will be deposited in the Wastewater Enterprise Fund. (This fund accounts for the Impact Fee as restricted cash).
13 73
FINANCIAL SUMMARY REPORT, Continued
Stormwater Facilities Impact Fee Fund
Statement of Revenues, Expenditures and Changes in Fund Balance Last Five Fiscal Years
Description FY 2019/20 FY 2020/21 FY 2021/22 FY 2022/23 FY 2023/24
REVENUES
Fees $ 6,988 $ 104,776 $ 201,086 $ 97,959 $ 121,048
Interest 952 (72) (1,287) 10,652 24,618
Other
Total Revenues 7,940 104,704 199,799 108,611 145,666
EXPENDITURES
Expenditures
Total Expenditures
REVENUES OVER (UNDER) EXPENDITURES 7,940 104,704 199,799 108,611 145,666 Fund Balance, Beginning of Year 51,847 59,787 164,491 364,290 472,901 Fund Balance, End of Year $ 59,787 $ 164,491 $ 364,290 $ 472,901 $ 618,567 Five Year Revenue Test Using First In First Out Method
Revenue Available:
Current Fiscal Year 49,950 108,611 145,666
Current Fiscal Year (old fees) 7,940 104,704 149,849
Prior Fiscal Year (2-yr old funds)(old fees) 7,940 104,704 199,799 108,611 Prior Fiscal Year (3-yr old funds)(old fees) 7,940 104,704 199,799 Prior Fiscal Year (4-yr old funds)(old fees) 7,940 104,704 Prior Fiscal Year (5-yr old funds)(old fees) 7,940
In Excess of 5 Prior Fiscal Years(old fees) 51,847 51 ,847 51,847 51,847 51,847 Total Revenues Available $ 59,787 $ 164,491 $ 364,290 $ 472,901 $ 618,567 The five-year findings test met as required by Gov Code 66001 (d) Notes:
In using the revenue and expenditures reports to report fees that have been held past the fifth year of the first deposit, the total expenditures and transfers out over the five-year period must add together. The computed total must be subtracted from the earliest fund balance plus any transfers in for that year. The Stormwater Facilities Impact Fee Fund reports money being held past the fifth year of first deposit. The City intends to address capacity, treatment and stormwater flow as identified in the 2019 Nexus Report. • Central City Detention Basin - $2.4M - design TBD, land acquisition TBD, construction TBD (Funds will be combined with wastewater once the project has started. This project is impacted by the State GSP program and these funds will primarily be used in the design and planning portion of this Basin.
14 74
FINANCIAL SUMMARY REPORT, Continued
Traffic Facilities Impact Fee Fund
Statement of Revenues, Expenditures and Changes in Fund Balance Last Five Fiscal Years
Description FY 2019/20 FY 2020/21 FY 2021/22
REVENUES
Fees $ 919,905 $1 ,577,169 $1,245,281
Interest 111 ,391 5,710 (33,219)
Other 258,190 169,210 40,206
Total Revenues 1,289,486 1,752,089 1,252,268
EXPENDITURES
Expenditures 293,150 195,420 47,643
Total Expenditures 293,150 195,420 47,643
REVENUES OVER (UNDER) EXPENDITURES 996,336 1,556,669 1,204,625 Fund Balance, Beginning of Year 6,145,893 7,142,229 8,698,898 Fund Balance, End of Year $7,142,229 $8,698,898 $9,903,523 Five Year Revenue Test Using First In First Out Method
Revenue Available:
Current Fiscal Year
Current Fiscal Year (old fees) 1,289,486 1,752,089
Prior Fiscal Year (2-yr old funds)(old fees) 1,289,486
Prior Fiscal Year (3-yr old funds)(old fees)
Prior Fiscal Year (4-yr old funds)(old fees)
Prior Fiscal Year (5-yr old funds)( old fees)
In Excess of 5 Prior Fiscal Years(old fees) 5,852,743 5,657,323 Total Revenues Available $7,142,229 $8,698,898
The five-year findings test met as required by Gov Code 66001(d) Notes:
437,947
939,201
1,752,089
1,289,486
5,484,800
$9,903,523
FY 2022/23 FY 2023/24
$ 306,892 $ 660,824
239,097 482,053
558,173
545,989 1,701,050
236,281 895,409
236,281 895,409
309,708 805,641
9,903,523 10,213,231
$10,213,231 $11,018,872
545,989 1,701 ,050
1,377,148 545,989
1,752,089 1,377,148
1,289,486 1,752,089
1,289,486
5,248,519 4,353,110
$10,213,231 $11 ,018,872
In using the revenue and expenditures reports to report fees that have been held past the fifth year of the first deposit, the total expenditures and transfers out over the five-year period must add together. The computed total must be subtracted from the earliest fund balance plus any transfers in for that year. The Traffic Facilities Impact Fee Fund reports money being held past the fifth year of first deposit. The City intends to perform the following improvements based on an updated Traffic Impact Plan:
• Hwy 165 and De Anza - $BOOK - design 2025, construction 2025-2026, • Hwy 165 and Vineyard Drive Improvements - $2.8M - Design 2025-26 • Ortigalita/Pioneer Intersection- $300K - Construction 2024-25 • Pioneer Road project - $40-60M - Environmental present to 2025, design 2024-2027, construction 2025-2029 These funds along with Impact Fees will be transferred to an appropriate Capital Projects Fund as required by the individual project. 15 75
FINANCIAL SUMMARY REPORT, Continued
General Government Facilities Impact Fee Fund
Statement of Revenues, Expenditures and Changes in Fund Balance Last Five Fiscal Years
Description FY 2019/20 FY 2020/21 FY 2021/22 FY 2022/23 FY 2023/24
REVENUES
Fees $ 419,275 $ 808,295 $ 507,807 $ 146,860 $ 321,746
Interest 40,802 2,226 (12,016) 65,781 131,795
Other
Total Revenues 460,077 810,521 495,791 212,641 453,541
EXPENDITURES
Expenditures 9,778 136,613 194,021 20,481 797,830
Total Expenditures 9,778 136,613 194,021 20 481 797,830 REVENUES OVER (UNDER) EXPENDITURES 450,299 673,908 301,770 192,160 (344,289) Fund Balance, Beginning of Year 1,437,872 1,888,171 2,562,079 2,863,849 3,056,009 Fund Balance, End of Year $ 1,888,171 $ 2,562,079 $ 2,863,849 $ 3,056,009 $ 2,711,720 Five Year Revenue Test Using First In First Out Method
Revenue Available:
Current Fiscal Year 123,948 212,641 453,541
Current Fiscal Year (old fees) 450,299 810,521 371,843
Prior Fiscal Year (2-yr old funds)(old fees) 450,299 810,521 495,791 212,641 Prior Fiscal Year (3-yr old funds)( old fees) 450,299 810,521 495,791 Prior Fiscal Year (4-yr old funds)(old fees) 450,299 810,521 Prior Fiscal Year (5-yr old funds)(old fees) 450,299
In Excess of 5 Prior Fiscal Years(old fees) 1,437,872 1,301 ,259 1,107,238 1,086,757 288,927 Total Revenues Available $ 1,888,171 $ 2,562,079 $ 2,863,849 $ 3,056,009 $ 2,711,720 The five-year findings test met as required by Gov Code 66001 (d) Notes:
In using the revenue and expenditures reports to report fees that have been held past the fifth year of the first deposit, the total expenditures and transfers out over the five-year period must add together. The computed total must be subtracted from the earliest fund balance plus any transfers in for that year. The General Governmental Facilities Impact Fee Fund reports money being held past the fifth year of first deposit.
The City is intending on spending the remaining amount on upgrades to the City Hall as well as renovating the Annex. The project is currently in the design phase and the amount of the project is expected to be $7.5M. The General Fund will supply the additional capital to complete the project.
16 76
FINANCIAL SUMMARY REPORT, Continued
3% Administration Impact Fee Fund
Statement of Revenues, Expenditures and Changes in Fund Balance Last Five Fiscal Years
Description FY 2019/20 FY 2020/21 FY 2021/22 2022/23 2023/24
REVENUES
Fees $ 87,650 $ 186,539 $ 160,458 $ 53,831 $ 93,473
Interest 7,375 319 (2,282) 15,639 30,381
Other
Total Revenues 95,025 186,858 158,176 69,470 123,854
EXPENDITURES
Expenditures 31,020 121,087 93,589 101,048
Total Expenditures 31,020 121,087 93,589 101,048
REVENUES OVER (UNDER) EXPENDITURES 64,005 186,858 37,089 (24,119) 22,806 Fund Balance, Beginning of Year 398,113 462,118 648,976 686,065 661,946 Fund Balance, End of Year $ 462,118 $ 648,976 $ 686,065 $ 661,946 $ 684,752 Five Year Revenue Test Using First In First Out Method
Revenue Available:
Current Fiscal Year 39,544 69,470 123,854
Current Fiscal Year (old fees) 95,025 186,858 118,632
Prior Fiscal Year (2-yr old funds)(old fees) 95,025 186,858 158,176 69,470 Prior Fiscal Year (3-yr old funds)(old fees) 95,025 186,858 158,176 Prior Fiscal Year (4-yr old funds)(old fees) 95,025 186,858 Prior Fiscal Year (5-yr old funds)(old fees) 95,025
In Excess of 5 Prior Fiscal Years(old fees) 367,093 367,093 246,006 152,417 51,369 Total Revenues Available $ 462,118 $ 648,976 $ 686,065 $ 661,946 $ 684,752 The five-year findings test met as required by Gov Code 66001 (d) Notes:
In using the revenue and expenditures reports to report fees that have been held past the fifth year of the first deposit, the total expenditures and transfers out over the five-year period must add together. The computed total must be subtracted from the earliest fund balance plus any transfers in for that year. The 3% Administration Facilities Impact Fee Fund Balance will fund the upgrade to Tyler Technologies (Financial Software). The anticipated cost is approximately $500,000 and the project commenced in fiscal year 2023 and will continue till implementation is completed.
17 77
SCHEDULE OF DEVELOPMENT IMPACT FEES
Fees Based on updated Development Impact Fee nexus study dated December 31, 2019. The updated original schedule became effective on April 5, 2020. The Fee was adjusted in 2024 based on Construction Cost Index through Council Action on April 17,2024 and became effective on July 1, 2024.
DEVELOPMENT FEE PROGRAM
SCHEDULE OF FEES
GENERAL PLAN BUILD OUT
Development Impact Fees per Unit (Residential)/1,000 Square Feet (Non-Residential) Residential
Age
Fee Category Single Family Multi-Family Restricted
Fire $ 1,521 $ 1,216 $ 823
Police $ 2,845 $ 2,276 $ 1,540
Parks & Rec $ 8,494 $ 6,795 $ 4,598
Water $ 7,635 $ 6,109 $ 4,133
Sewer $ 5,858 $ 4,687 $ 3,172
Storm Drain $ 3,575 $ 2,861 $ 1,935
Traffic $ 1,576 $ 1,091 $ 851
General Gov't $ 849 $ 679 $ 459
3% Admin $ 971 $ 771 $ 525
Non-Residential
Retail Office Institutional
$ 867 $ 650 $ 325
$ 1,621 $ 1,216 $ 608
$ - $ - $ - $ 4,350 $ 3,263 $ 1,632
$ 3,338 $ 2,503 $ 1,252
$ 2,038 $ 1,528 $ 764
$ 7,850 $ 1,572 $ 1,902
$ - $ - $ -
$ 602 $ 322 $ 195
Industrial
$ 216
$ 405
$
$ 1,088
$ 834
$ 509
$ 1,335
$
$ 132
Total Fees $ 33,324 $ 26,485 $ 18,036 $ 20,666 $ 11,054 $ 6,678 $ 4,519
PRIOR DEVELOPMENT IMPACT FEE SCHEDULE (OLD FEES)
The following Impact Fees Schedule was approved by Council in order to complete improvements for Police, Fire, Community Center, City Hall, Corporation Yard, and Administration. These fees were set forth in the Development Cost and Fee Study done by Goodwin Consulting dated June 28, 2006.
Table 2 - Prior Impact Fees from Previous Nexus Study
DEVELOPMENT FEE PROGRAM
SCHEDULE OF FEES
NEXUS STUDY 2006
Development Impact Fees per Unit (Residential)/Per Square Feet (Non-Residential) Fee Category
Police
Fire
Park Improvement
Very-Low
Density
$ 2,559
$ 912
$ 6,934
Community Center $ 399
City Hall $ 986
Corporation Yard $ 346
3% Administration $ 364
Residential
$
$
$
$
$
$
$
Medium
Density
2,105
730
5,702
328
811
285
299
$
$
$
$
$
$
$
High
Density
1,515
438
4,106
236
584
205
213
Commercial
$ 0.38
$ 0.36
$ -
$ 0.07
$ 0.15
$ 0.06
$ 0.03
Non-Residential
Office Industrial
$ 0.57 $ 0.27
$ 0.36 $ 0.36
$ - $
$ 0.08 $ 0.05
$ 0.22 $ 0.10
$ 0.09 $ 0.05
$ 0.04 $ 0.02
Total Fees $ 12,500 $ 10,260 $ 7,297 $ 1.05 $ 1.36 $ 0.85 18 78
PRIOR DEVELOPMENT IMPACT FEE SCHEDULE (OLD FEES), continued The following Impact Fees Schedules were enacted in order to complete improvements for Water, Wastewater, Public Facilities, and Traffic. These fees were set forth in the by ordinance No.954 dated February 2, 2010.
Table 2 - Prior Enterprise Impact Fees per Ordinance
DEVELOPMENT FEE PROGRAM
SCHEDULE OF FEES
ORDINANCE 954/FEBRUARY 2010
:
___________ T_ra_ffi_c ___________ ,
Waste Impact
Water Water Public Building EDU/Uni Fee/Square ;
Fee Category Impact Fee Impact fee Facilities I Fee Category Size Unit t Feet Impact Fee' Connection Size
3/4" - 1" $ 3,127 Single Family 1,800 Dwelling 1.00 $ 1.88 $ 3,380.85 1 1/2" $ 9,225 Fast Food 3,500 1,000 5.05 $ 17.07 $ 59,747,59 2" $ 19,857 Super Market 50,000 1,000 1.85 $ 6.25 $ 312,683.10 3" $ 58,540 Office Building 60,000 1,000 1.78 $ 6.02 $ 361,021 .56 4" $ 126,086 Light Industrial 100,000 1,000 0.91 $ 3.08 $ 307,612.53 Single Family $ 5,419 $ 22.49 Heavy Industrial 200,000 1,000 0.18 $ 0.61 $ 121,692.40 Multi-Family $ 22.49
Commercial $ 22.49
Industrial $ 22.49
Total Fees $ 216,835 $ 5,419 $ 45 1 $ 34.91 $1,166,138.03
NOTES TO THE DEVELOPMENT IMPACT FEE REPORT
The Notes address two items required by California Government Code Section 66006 (b).
Note 1 - Refund of Developer Fee. At this time, all fees being collected pursuant to the Developer Fee program have been earmarked for current or future capital projects necessary to maintain the current levels of services within existing service areas to serve new development.
DEVELOPMENT IMPACT FEE PROJECTS IDENTIFICATION
The Development Impact Fees and Development Agreement Fee projects identification table illustrates the following reporting requirements defined by California Government Code Section 66006 (b ):
• An identification of each public improvement on which fees were expended and the amount of expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees .
These were identified when applicable in the Note Section of each 5-year Financial Summary Report • An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement. These were identified when applicable in the Note Section of each 5-year Financial Summary Report.
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80 RESOLUTION NO. 6163
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS
BANOS ADOPTING A DEVELOPMENT IMPACT FEE JUSTIFICATION
STUDY FOR THE CITY OF LOS BANOS AND REVISING
DEVELOPMENT IMPACT FEES FOR ALL DEVELOPMENT WITHIN
THE CITY OF LOS BANOS
WHEREAS, the Land Use Element of the City of Los Banos' (hereinafter "City") 2030 General Plan update "requires new development to pay its proportionate share of the costs of public infrastructure, services, and transportation facilities. This shall include parks, fire, and police stations, schools, utilities, roads, and other needed infrastructure"; and
WHEREAS, to help finance needed public facilities within the City, the City has adopted Ordinances to establish appropriate development impact fees pursuant to Government Code sections 66000 et seq; and
WHEREAS, the City has not updated or revised its development impact fee program since October of 2006; and
WHEREAS, in accordance with policies established in the 2030 General Plan update, staff has taken steps to conduct a comprehensive review of the City's development impact fees to determine whether those fees are adequate to defray the cost of public facilities related to the development project; and WHEREAS, DTA (previously known as David Taussig & Associates, Inc.) was engaged by the City to prepare an updated AB 1600 Fee Justification Study; WHEREAS, as a part of the update effort the City has held a number of stakeholder's workshops attended by interested community members and the development community; and
WHEREAS, OTA. has prepared a report, entitled Development Impact Fee Justification Study, dated December 31, 2019, attached to this Resolution as Exhibit .. A", attached hereto and incorporated herein by this reference, that calculates the maximum fee levels that may be imposed on new development and sets forth the nexus/basis for the imposition of the fees on new development; and WHEREAS, the Development Impact Fee Justification Study has been available for public review and comment; and
WHEREAS, the City has complied with the notice requirements of the California Government code sections 66016 and 66018; and
WHEREAS, the City Council held and conducted a public hearing on January 15, 2020, in accordance with applicable public notice, to review and consider the 1 CC 01.15.2020 wav
81 Development Impact Fee Justification Study, and the updated Development Impact Fee Schedule.
NOW, THEREFORE, in accordance with the provisions of the California Government Code section 66000 et seq., the City Council of the City of Los Banos, after review of the record and consideration of all testimony and evidence presented at the public hearing, hereby finds, declares, and resolves as follows:
SECTION 1. Findings pursuant to California Government Code section 66001 .
The City Council using its independent judgment finds and determines that the Development Impact Fee Justification Study prepared by DTA and dated December 31 , 2019, complies with California Government Code section 66001 by establishing the basis for the imposition of fees on new development in that the Development Impact Fee Justification Study.
(a) Identifies the purpose of the fee;
(b) Identifies the use and the public facilities to which the fee will be put; (c) Shows a reasonable relationship between the use of the fee and the type of development project on which the fee is imposed;
(d) Demonstrates a reasonable relationship between the need for the public facilities and the type of development projects on which the fee is imposed; and (e) Demonstrates a reasonable relationship between the amount of the fee and the cost of the public facilities or portion of the public facilities attributable to the development on which the fee is imposed.
SECTION 2. CEQA Finding. The adoption of this Resolution does not propose any changes to City policies or regulations that would result in a direct or indirect physical environmental impact; therefore it has been determined that the adoption of this Resolution is covered by the general rule that the California Environmental Quality Act applies only to projects which have the potential for causing a significant effect on the environment pursuant to CEQA guidelines section 15061 (b)(3) and is not subject to environmental review. Alternatively, the adoption of this Resolution contemplated as a subsequent implementation measure to address impacts on public f acilitles contemplated in the Los Banos 2030 General Plan Program Environmental Impact Report (SCH #2006121055)("GP Program EIR") and the Los Banos General Plan Land Resources Amendment Subsequent EIR (SCH #2016051033)("GPA SEIR"), and are generally consistent with the anticipated public facilities contemplated in the GP Program EIR/GPA SEIR; therefore it has been determined that this Resolution falls within the scope of the project covered by the GP Program EIR/GP SEIR pursuant to CEQA guidelines section 15162 and is not subject to further environmental review. 2 CC 01.15.2020 wav
82 SECTION 3. Adoption of Development Impact Fee Justification Study. The Development Impact Fee Justification Study attached hereto as Exhibit "A" is hereby approved and adopted.
SECTION 4. Adoption of Development Impact Fees. The Development Impact Fee Schedule attached hereto as Exhibit "B" is hereby approved and adopted. The amount of the development impact fees shall be modified annually each July 1 based on the change in the Engineering News Record's construction cost index as reported for the twelve-month period ending in April of each year.
SECTION 5. Deposit of Fees. The Development Impact Fees collected shall be placed in an individual interest bearing account, or multiple accounts, established for the purpose of tracking the fee revenue and expenses separately.
SECTION 6. Fees for Uses Consistent with the Study. The fees collected pursuant to this Resolution shall be used to finance the pubiic facilities described or identified in the Development Impact Fee Justification Study, or on (any) facility which serves a similar function and purpose as those facilities identified on the Study.
SECTION 7. General Plan Consistency. The City Council finds that the projects and fee methodology identified in the Development Impact Fee Justification Study are consistent with the City's General Plan.
SECTION 8. Imposition and Payment of Fee. Development impact fees shall be imposed upon the issuance of any development permit and shall. be paid prior to issuance of any certificate of occupancy for the project, or at such earlier time as permitted by Government Code Section 66007. A "development permit" means any permit or approval from the City, including, but not limited to, a development plan, conditional use permit, tentative subdivision map, parcel map, building permit, or other permit for construction or reconstruction.
SECTION 9. Application of Fee to Pending Projects. The fee amounts adopted by this Resolution shall become effective sixty (60) days from the date of adoption of this Resolution. An application for any development permit that (1) has been received by the City prior to the effective date of this Resolution, and (2) has been deemed complete by the City's Community and Economic Director prior to the effective date of this Resolution, shall be subject to the fees that applied prior to the effective date of this Resolution.
SECTION 10. Reimbursements.
(a) Development Impact Fee reimbursements will be available to developers who fund construction of eligible Facilities. The City shall determine which Facilities will be eligible for developers to construct. Facilities must meet City standards for acquisition projects in order to be eligible for Development Impact Fee reimbursements.
Developers will be responsible for complying with all applicable laws, codes, and 3 CC 01.15.2020 wav
83 regulations relating to contracting and construction procedures for publicly funded public works projects.
(b} Developers will be eligible for Development Impact Fee reimbursements up to one (100%) percent of the applicable Development Impact Fees. Fee reimbursements wil'I be available for the Facility cost up to the lesser of (1) the cost shown in the Nexus Study and (2) actual construction cost of the eligible Facilities. Development Impact Fee reimbursements will be adjusted annually in the same manner as the Development Impact Fees. The City, in its sole discretion, shall be responsible for determining the fee reimbursement amount.
(c) To obtain fee reimbursements, the Facilities must meet all City standards and criteria. The City maintains the flexibility to allocate fee reimbursements in a manner it chooses.
(d) Additional reimbursements will be due to developers who finance Facilities in excess of their fair share of the cost of these Facilities. (e) To obtain reimbursements, developers must enter into a reimbursement agreement with the City. Reimbursements will be paid only after the City's acceptance of the Facilities. Reimbursements are an obligation payable only from the Development Impact Fee program funds and not an obligation of the City's general fund.
SECTION 11. Effective Date. The fees provided in this resolution shall be effective sixty (60) days from the date of adoption of this resolution.
SECTION 12. Severability. The City Council hereby declares that should any one or more of the fees established by this Resolution or any portion of this Resolution be declared for any reason to be invalid, it is in the intent of the City Council that it would have adopted all other fees and portion of this Resolution independent of the elimination therefrom of any such fee or such portion as may be declared invalid.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the January 15, 2020, by City Council Member _____ , who moved its adoption, which motion was duly seconded by City Council Member ____ ~ and the Resolution was adopted by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
Michael Villalta, Mayor
ATTEST:
4 CC 01.15.2020 wav
84 Lucille L. Mallonee, City Clerk
5 cc 01.15.1020 wav
85 CC 01.15.2020 wav
EXHIBIT "A"
DEVELOPMENT IMPACT FEE JUSTIFICATION STUDY
Dated December 31, 2019
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www .Finance OT A.com
99 Almaden Blvd, Suite 875
San Jose, CA 95113
A DEVELOPMENT IMPACT FEE
JUSTIFICATION STUDY
PREPARED FOR:
j
PREPARED BY:
DTA
99 Almaden Blvd, Suite 875
San Jose, California, 95113
IN ASSOCIATION WITH:
TJKM Transportation Consultants
2055 Gateway Plaza, Suite 400
San Jose, California 95110
J
88 TABLE
OF CONTENTS
EXECUTIVE SUMMARY ................... - .............................. ._ ................. 1 I INTRODUC"nON ............. - ......................................................... 3
D LEGAL REQUIREMENTS TO JUSTIFY DEVELOPMENT
IMPACT FEES .............................................................................. S m DEMOGRAPHICS ·-···· ..·· ............................................................ 9 'IV THE NEEDS UST ...................................................................... 14 V METHODOLOGY USED TO CALCULATE FEES ................... 18 A. FIRE FACilJTIES ............................................. 22 B. PoUCE FAClUTl!S ........................................ 25 C. PARK 'FACIUTJES ........................................... 28 D. WATER FACD.ITIES ........................................ 32 E. SEWER FACJtn'IES ......................................... 35 'F. STORM 'DRAINAGE 'FACIU11ES ....................... 39 G. TRAFFIC FACILITIES ....................................... 42 H. GENERAL GoVERNMENT FACILmES .............. 45
VI SUMMARY OF FEES ................................................................. 48
APPENDICES
Appendix A: Fee Derivation Worksheets
Appendix B: 2019 Needs List
89 EXECUTIVE SUMMARY
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In order to adequately plan for new development and identify the public facilities and costs associated with mitigating the direct and cumulative impacts of new development, OTA (previously known as David Taussig & Associates, Inc.) was engaged by the City of Los Banos (the •etty'") to prepare an updated AB 1600 Fee Justification Study (the ·Fee Study~). The Fee Study is intended to comply with Section 66000 et seq. of the Government Code, which was enacted by the State of California in 1987, by identifying additional public facilities required by new development ("Future Facilities·) and determining the level of fees that may be imposed to pay the costs of the Future Facilities. The Future Facilities and associated construction costs are identified in the Needs List, which is included in Section IV of the Fee Study. A description of the methodology used to calculate the fees is included tn Section V. All new development may be required to pay its ·fair share• of the cost of the new infrastructure through this development fee program ORGANIZATION OF TifE REPORT
Section I of this report provides an introduction to the Fee Study including a brief description of areas surrounding the City and background information on development fee financing. Section n provides an overview of the legal requirements for implementing and imposing the fee amounts identified in the Fee Study. Section DI includes a discussion of projected new development and demand variables such as future population and employment, assuming current growth trends in housing, retail, office, industrial, and institutional development extrapolated through buildout in 2038. Projections of future development are based on data provided by the ctty of Los Banos and the California Department of Finance, Demographic Research Unit. Section IV includes a description of the Needs List, which identifies the facilities needed to serve new development through buildout in 2038 that are eligible for funding through the impact fee program. The Needs List provides the total estimated facilities costs, offsetting revenues, net costs to the City, and costs allocated to new development for al\ facilities listed in the Needs List. This list is a compilation of projects and costs identified by various City departments. Section V discusses the findings required under the Mitigation Fee Act and requirements necessary to be satisfied when establishing, increasing, or imposing a fee as a condition of new development, and satisfies the nexus requirements for each facility included as part of this study. Section V also contains the description of the methodology used to determine the fees for all facility types. Finally, Section VI includes a summary of the proposed fees justified by this Fee Study. Appendix A includes the calculations used to determine the various fee levels.
IMPACT FEE SUMMARY
The total fee amounts required to finance new development's share of the costs of facilities identified in the Needs List are summarized in Table ES-1 on the following page. These f~es reflect the maximum fee levels that may be imposed on new development.
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Table ES-1: City of Los Banos Development Impact Fee Summary City or Los Banos
Development Impact fees per Unit (Residcntial)/1.000 SquJre Feet (Non-Residen11aH B Po: e e~ Wat~r \ ;efer Storm ;,,Jrrfj Traff~ General Govt. . ldn:i_i~ f )~ r~otageesi Single Family $1.258 $2.354 $7,028 $6,317 $4.847 $2,958 $1.304 $702 $803 $27,571 Muttt-family $1006 $1,883 $5,622 $5,054 $3,878 $2,367 $903 $562 $638 $21.913 Age Restrlctecl $681 $1,274 $!.804 $!,419 $2.624 $1601 $704 $380 $4!5 $14,923 'Retail $717 $1,341 $0 $3,599 $2,762 $1686 $6,495 $0 $498 $17,098 Office $538 $1,006 $0 $2,700 $2.071 $1264 $1,301 $0 $266 $9,146 Jnstlt\.ltionat $269 $503 $0 $1,350 $1,036 $632 $1.574 $0 $161 $5.5Z4 lndustnal $179 $335 $0 $900 $690 $421 $1105 $0 $109 $3.740
EXEMPTIONS
California Government Code permits fee exemptions for affordable housing and senior housing at the discretion of local jurisdictions. Such fee exemptions are a policy matter that should be based on the consideration of the greater public good provided by the use exempted from the fee.
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SECTION I
INTRODUCTION
The City of Los Banos is a wowing community with a current population of about 40,000.
Covering approximately 10 square miles of land in the western region of the San Joaquin Valley between San Francisco and Los Angeles, it is within a two-hour drive of Yosemite and Kings Canyon National Parks, as well as the scenic Central Coast. The City also sits near the San Luis Reservoir, San Joaquin River, and Merced National Wildlife Refuges, and its location between Interstate-5 and Highway 99 positions the Ctty at the crossroads of California.
In order to adequately plan for new development and identify the public facilities and costs associated with mitigating the direct and cumulative impacts of this new development, DTA was engaged by the Clty of Los Banos to prepare an updated AB 1600 Fee Justification Study. The Fee amounts to be determined wm finance Citywide facilities at levels required by various City departments as being necessary to meet the needs of new development through 2038.
OTA is updating elements of the impact fee study prepared in 2006 by Goodwin Consulting, as well as a 2010 Goodwin Consulting update and a 1999 traffic mitigation fee report prepared by KO Anderson. Revised impact fees are calculated here using updated information on development and City facilities and are intended to replace the corresponding existing impact fee. Moreover, the methods used to calculate impact fees in this study are intended to satisfy all requirements governing such fees, including provisions of the U.S. Constitution. the California Constitution. and the California Mitigation Fee Act (Government Code Sections 66000 et seq.).
More specifically, the Fee Study is intended to comply with Section 66000 et seq. of the Government Code, which was enacted by the State of California in 1987, by identifying additional public faalities required by new development {·Future Facilities·) and determining the level of fees that may be imposed to pay the costs of the Future Facilities.
Fee amounts have been determined that will finance facilities at levels identified by the various City departments as deemed necessary to meet the needs of new development The Future Facilities and associated construction costs are identified in the Needs List which is included in Section IV of the Fee Study. All new development may be required to pay its ·fair share· of the cost of the new infrastructure through the development impact fee program.
The fees are calculated to fund the cost of facilities needed to meet the needs of new development The steps followed. in the Fee Study include:
1. Demographic Assumptions: Identify future gTowth that represents the increased demand for facilities.
2. Facillty Needs and Costs: Identify the amount of public facilities required to support the new development and the costs of such faciltties. Facilities costs and the Needs List are discussed in Section IV.
3. Cost Allocation: Allocate costs via the equivalent dwelllng unit methodology.
City of Los Banos December JJ. ZOl9 I 3 Development Impact Fee Justification Study 92 dta
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SECTION I
INTRODUCTION
4. Fee Schedule: Calculate the fee per residential unit or per non-residential square foot.
City of Los Banos
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SECTION II
LEGAL REQUIREMENTS TO
JUSTIFY DEVELOPMENT
IMPACT FEES
The imposition of impact fees is one authorized method of financing the public faciltties necessary to mitigate the impacts of new development A fee is ·a monetary exaction. other than a tax or special assessment. which is charged by a local agency to the applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project..: (C8lifomia Government Code, Section 66000). A fee may be imposed for each type of capital improvement required for new development with the payment of the fee typically occurring prior to the beginning of construction of a dwelling unit or non-residential building. Fees are often imposed at final map recordation. issuance of a certificate of occupancy. or more commonly, at building permit issuance.
AB 1600, which created Section 66000 et seq. of the Government Code, was enacted by the State of California in 1987.
In 2006, Government Code Section 66001 was amended to clarify that a fee cannot include costs attributable to existing deficiencies but can fund costs used to maintain the existing level of service ("l.Os·> or meet an adopted level of service that is consistent with the general plan.
Section 66000 et seq. of the Government Code thus requires that all public agencies satisfy the following requirements when establishing. increasing, or imposing a fee as a condition of new development:
1. Identify the purpose of the fee. (Government Code Section 66001(a)(1))
2. Identify the use to which the fee will be put. (Government Code Section 66001(a)(2))
3. Determine that there is a reasonable relationship between the fee's use and the type of development on which the fee is to be imposed (Government Code Section 66001(a)(3))
4. Determine how there is a reasonable relationshtp between the need for the public facility and the type of development project on which the fee is to be imposed. (Government Code Section 66001(a)(4))
5. Discuss how there is a reasonable relationship between the amount of the fee and the cost of the public facility or portion of the public facility attnl>utable to the development on which the fee is imposed.
This section presents each of these items as they relate to the imposition of the proposed fees in the City of Los Banos.
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SECTION II
LEGAL REQUIREMENTS TO
JUSTIFY DEVELOPMENT
IMPACT FEES
Pl1RPOsE OP THE FEE (GOVERNMENT CODE SEcnON 66001W (1)) New residential and non-residential development within the Qty of Los Banos will generate additional residents and employees who will require additional public facilities. Land for these facilities will have to be acquired and public faclltties and equipment will have to be expanded, constructed, or purchased to meet this increased demand.
The Fee Study has been prepared in response to the projected direct and cumulative effect of future development Each new development will contnbute to the need for new public facilities. Without future development many of the new public facilities on the Needs List would not be necessary as the existing facilities are generally adequate for the City's present population In instances where facilities would be built regardless of new development the costs of such facilities have been allocated to new and existing development based on their respective level of benefit.
The proposed impact fee will be charged to all future development, irrespective of location, in the Qty. First, the property owners and/or the tenants associated with any new development in the City can be expected to place additional demands on the City's facllities that are funded by the fee. Second. these property owners and tenants are dependent on and, tn fact. may not have chosen to utilize their development, except for residential, retail employment, and recreational opportunities located nearby on other existing and future development. As a result, all development projects in the City contribute to the cumulative impacts of development.
The impact fees will be used for the acquisition, installation, and construction of public facilities identified on the Needs Lists to mitigate the direct and cumulative impacts of new development in the Qty.
B. THE USE TO WHICH DfE 1-EE JS TO BE PUT (GOVERNMENT CODE SECTION 66001fAlf2)} The fee will be used for the acquisition, installation, and construction of public facilities identified on the Needs Lists, included in Section IV of the Fee Study and other appropriate costs to mitigate the direct and cumulative impacts of new development in the City. The fee will provide a source of revenue to the City to allow for the acquisition, installation, and construction of public facilities, which in tum will both preserve the quality of life in the City and protect the health, safety, and welfare of the existing and future residents and employees. Actual needs are likely to change over time as a result of changing technology and approaches for delivering public services. Tile Needs List is illustrative of the required facilities if all the facilities were constructed and operational as of the date of this study. The fees may be used on {any) facility which serves a similar function and purpose as those facilities identified on the Needs List.
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SECTIONll
LEGAL REQUIREMENTS TO
JUSTIFY DEVELOPMENT
IMPACT FEES
DETERMINE D:!AT THERE JS A REA$0NABLE RELATIONSHIP BE'IWEEN DiE FEE'S USE AND D:fE TYPE OF QEYELopMENT 'PRQJECTUPoN WHICH THE FEE IS IMpoSED ffiENEFrr RELATIONSHIP} {GOVERNMENT CODE SEcTION 66001{A){3)}
As discussed in Section A. it is the projected direct and cumulative effect of future development that has prompted the preparation of the Fee Study. 'Each development will contribute to the need for new public facilities. Without future development, the City would have no need to construct many of the publtc facilities on the Needs List.
For all other facilities, the costs have been allocated to both existing and new development based on their level of benefit. Consequently, all new development within the City, irrespective of location. contributes to the direct and cumulative impacts of development on public facilities and creates the need for new facilities to accommodate growth.
The fees will be expended for the acquisition. installation. and construction of the public facilities identified on the Needs List and other authorized uses, as that is the purpose for which the fees are collected. As previously stated, all new development creates either a direct impact on public facilities or contributes to the cumulative impact on public facilities. Moreover, this impact is generally equalized among all types of development because it is the increased demands for public facilities created by the future residents and employees that create the impact upon existlng facilities.
For the aforementioned reasons, new development benefits from the acquisition, construction, and installation of the facilities on the Needs Lists.
D. DETERMDIE How J):fERE IS A REAsoNABl.E RELATIONSHIP BE'TWEEN' THE NEED FOR THE PUeuc FACIUTV AND THE TYPE OF DE\'EJ.OpMENT J>Ro;IECT UPQN WHICH THE FEE IS IMPOSED (IMpACT REIADONSHJPl (GoYERNMENT CooE SEClloN 66001CAJ(4H As previously stated, all new development within the City, irrespective of location, contnbutes to the direct and cumulative impacts of development on public facilities and creates the need for new facilities to accommodate growth. Without future development, many of the facilities on the Needs Lists would not be necessary. For certain other facilities, the costs have been allocated to both existing and new development based on their level of benefit
For the reasons presented herein. there is a reasonable relationship between the need for the public facilities included on the Needs List and all new development within the City.
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SECTION II
LEGAL REQUIREMENTS TO
JUSTIFY DEVELOPMENT
IMPACT FEES
'E. DIE 'RELATIONSHIP BE'l'WEEH D:fE AMOUNT Of 11:[E FEE AND THE cos:r OF THE Puauc FACILmESAT[RIBUTABLETQTHE J)JVEtoP.MENT \JpoN WHICH THJ; FEE JS IMPQSEP (:RQUGH PftOpOR]JONAllTY" REIATIOHSHIP) CGoVERN.MENT CODE 66001W As set forth above, all new development in the City impacts public facilities.
Moreover, each indtvtdual development project and its related increase in population and/or employment. along with the cumulative impacts of all development in the City, will adversely impact existing facilities. Thus, imposition of the fee to finance the facilities on the Needs Lists is an efficient practical, and equitable method of permitting development to proceed in a responsible manner.
New development impacts facilities directly and cumulatively. In fact, without any future development, the acquisition. construction. and/or installation of many of the facilities on the Needs Lists would not be necessary as existing City facilities are generally adequate. Even new development located adjacent to existing facilities will uttlize and benefit from facilities on the Needs List.
The proposed fee amounts are roughly proportional to the impacts resulting from new development based on the analyses contained in Section V. Thus, there is a reasonable relationship between the amount of the fee and the cost of the facilities.
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SECTION III
DEMOGRAPHICS
In order to determine the public facilities needed to serve new development as well as establish fee amounts to fund such facilities, the City provided OTA with projections of future population and development within the City. OTA categorized developable residential land uses as Single Family, Multi-Family, and Age Restricted. Developable nonresidential land uses within the City's commercial. industrial. and office zones are categorized as Retail. Office, Industrial. and Institutional. Additional details are included in the table below. Based on these designations, DTA established fees for the following seven (7) land use categories to acknowledge the difference in impacts resulting from various land uses and to make the resulting fee program implementable.
Table 1: City of Los Banos - Summary of Land Use Categories
LAND USE
CLASSIFICATIONS DEFINITION
Single Family
Multi-family
Age Restricted
Retail
Office
Institutional
Ctty of Los Banos
Includes single family attached and detached homes.
Includes buildings with attached residential units including apartments, townhomes. condominiums, and all other residential units not classified. as Single Family.
'For purposes of determining the impact fees due, any ·second unit· OT "accessory dwelling untt· (as determined pursuant to Section 658S2.2 of the Government Code) shall be considered a separate residential unit and shall be subiect to this fee.
Includes single family attached and detached homes which are developed. substantially rehabilitated. or substantially renovated for, senior citizens. At least 80 percent (%) of the occupied units include at least one resident who is verified to be over the age of 55, and the community follows a policy that demonstrates an intent to provide housing for those aged 55 or older.
Includes, but is not limited to, buildings used as the following:
• Retail
• Service-oriented business activities
• Department stores, discount stores, furniture/appliance outlets, home improvement centers
• Entertainment centers
• Sub-regional and regional shopping centers
Includes, but is not limited to, buildings used as the following:
• Business/professional office
Includes, but is not limited to, buildings used as the following:
• Professional medical offices and hospitals
• Schools
• Other public uses
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LAND USE
CLASSIFICATIONS DEFINITION
SECTION III
DEMOGRAPHICS
Includes. but is not limited to, buildings used as the .following:
• Ught manufacturing, warehouse/distribution. logistics, wholesaling Industrial • Wholesale and warehouse retail
• Service-oriented commercial activities
• Automobile dealerships
• Support commercial services
The City of Los Banos Housing Element was used to estimate the number of housing units and non-residential building square feet to be built within the City. These figures are generally confirmed by the City's 2030 General Plan (the ·General Plan·), the California Department of Finance Demographic Research Unit, and the U.S. Census Bureau. In addition, the forecasts and the General Plan were used to project the additional population generated from new development.
Notably, OTA attempted to utilize metrics (e.g. average household size) that standardized existing demographics with the projections found in the General Plan. Futui:e residents and employees will create additional demand for facilities that cannot be adequately served by existing public facilities. In order to accommodate new development in an orderly manner, while maintaining the current quality of life in the City, the facilities on the Needs Ust {see Section IV), as presented to and reviewed by City Council and City staff, along with community stakeholders, wlll need to be constructed. For those facilities that are needed to mitigate demand from new development, facility costs have been allocated to new development only. In those instances when it has been determined that the new facilities will serve both existing and new development, facility costs have been allocated based on proportionate level of benefit (see Equivalent Dwelling Unit rEou·) discussion in Section V).
The following sections summarize the existing and future development figures that were used in calculating the impact fees.
1. Existing Population for Land Use Categories
A According to information provided by the City of Los Banos and obtained from the California Department of Finance Demographic Research Unit, and generally confirmed by the U.S. Census Bureau, there are currently 34,251 existing Single Family, 4,922 Multi-Family residents, and 454 Age Restricted residents residing in 9,758, 1,753, and 239 units, respectively, within the City.
B. OTA has used the following demographic information from the California Department of Finance, Demographic Research Unit, which assumes a City resident-per-unit factor of 3.51 per Single Family unit, 2.81 per Multi-Family unit (approximately four-fifths of the Single Family rate), and 1.90 per Age aty of Los Sanos December 3.1, 2019 / iQ Development Impact Fee Justification Study 99 dta
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SECTION Ill
DEMOGRAPHICS
Restricted unit. Therefore, the City population is generally comprised of 39,627 residents Hving in 11,750 Single Family, Multi-Family and Age Restricted homes. Importantly. many figures may not sum due to rounding.
C. Table 2 below summarizes the existing demographics for the residential land uses.
Table 2: City of Los Banos Estimated Existing Residential Development r-- ------ --- ~- - -- ~veragc Household-, I
/ Residential Land Use Existing [x1stmg !lousing
Residents Umts Size
- -
Single Family Residential 34,2S1 9,758 3.51
Multi-Family Residential 4,922 1,753 2.81
Age Restricted Residential 454 239 1.90
TotaVAverage 39.627 11,750 NA
OTA has also utilized the following demographic information which estimates existing City employees using employees-per-thousand-square-foot factors of 4.00,
3.00, 1.50, and 1.00 employees per 1,000 building square feet of Retail Office, Institutional. and Industrial, respectively. This results in a total of 13,982 existing employees, comprised of 2,221 Retail employees, 6,370 Office employees, 419 Institutional employees, and 4,973 Industrial employees within the City, as shown in Table 3 below.
Importantly, for many of the facilities considered in this Fee Study, EDUs are calculated based on the number of residents or employees (·Persons Served") generated. by each land use class. Persons Served equals Residents plus 50% of Employees and is a customary industry practice designed to capture the reduced levels of service demanded by employees. For existing Persons Served estimates, please reference Table 3.
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DEMOGRAPHICS
Table 3: City of l.os Banos Estimated Existing Non-Residential Development --- ----- ---- --------------------- - - --- i Employees i Non-Residential Existing Persons Served Existing Persons j per 1.000 / Land Use B.S.f. Employees* per 1,000 B.S.F. Served Ill ---------- - - -- ·- - Retail 4.00 2.221 2.00 1,110
Office 3.00 6,370 1.50 3,185
Institutional 1.50 419 0.75 210
Industrial 1.00 4,973 0.50 2,486
Total/Average NA 13.982 NA 6,991
* May not sum due to rounding.
111 Persons Served equal Residents plus 50% of employees.
2. Future Population for New Land Use categories (2038) A. According to infonnation provided by the City and the Merced County Association of Governments, in 2038 (the time horizon utilized for this Fee Study) the City is projected to include an additional 4.155 Single Family units, 736 Multi-Family units, and 44 Age Restricted units.
B. OTA has used the following demographic information which assumes City future resident-per-unit factors of 3.51, 2.81, and 1.90 per Single Family unit.
Multi-Family unit, and Age Restricted unit respectively. This results in an additional 16,735 residents living in 4,935 Single Family, Multi-Family and Age Restricted homes Citywide.
C. Table 4 summarizes the future demographics for the residential land uses.
Table 4: City of Los Banos Futme Residential Development [
- -- - - -- ---- - -- - - - ··--------,
Residential Land Use Projected Projected Average Household I I Residents Housing Units Size !__ _ _ _ ________ _ ·-· - - - ---------------- Single Family Re.sidential 14,584 4,155 3.51
Multi-Family Residential 2,068 736 2.81
Age Restricted Residential 84 44 1.90
TotaVAverage 16,735 4,935 NA
As noted previously, OTA estimated City employees using employees-per-thousandsquare-foot factors, provided by the City, of 4.00, 3.00, 1.50, and 1.00 employees per 1,000 building square feet of Retail, Office, Institutional, and lndustriaL respectively.
This resulted in the projection of an additional 952 Retail employees, 2,731 Office City of Los Banos December !1, 2019 /
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SECTION III
DEMOGRAPHICS
employees. 180 Institutional employees, and 2,132 Industrial employees Citywide, as shown in Table 5 on the following page.
Again, for many of the facilities considered in this Fee Study, EDUs are calculated based on the number of residents or employees (-Persons Served·) generated by each land use class. Persons Served equals Residents plus 50% of Employees and is a customary industry practice designed to capture the reduced levels of service demanded by employees. For future Persons Served estimates, please reference Table 5.
Table 5: City of Los Banos Future Non-Residential Development ~ -- -~ - -
Non- Employees Persons Served Future
Residential per 1,000 Future per 1,000 Persons
Land Use Building Employees Building S.f. Served 11] S.F. --- -- -~-- - - Retail 4.00 952 2.00 476
Office 3.00 2,731 1.50 1,365
Institutional 1.50 180 0.75 90
Industrial 1.00 2,132 0.50 1,066
Total/Average NA 5,995 NA 2,997
(1) Persons Served equal Residents plus 50% of employees.
3. 'Equivalent Dwelling Unit (EDU) and Equivalent Benefit Unit (EDU) Projections EDUs are a means of quantifying different land uses in tenns of their equivalence to a residential dwelling unit, where equivalence is measured in terms of potential infrastructure use or benefit for each type of public facility. Since nearly all of the facilities proposed to be ftnanced by the levy of impact fees will serve both residential and non-residential property, OTA projected the number of future EDUs based on the number of residents or employees generated by each land use class. For other facilities, different measures, such as trip generation rates and water demand more accurately represent the benefit provided to each land use type. The EDU projections for each facility are shown in the fee derivation worksheets in Appendix A.
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SECTIONN
NEEDS LIST
Identification of the facilities to be financed is a critical component of any development impact fee program. In the broadest sense, the purpose of impact fees is to protect the public health, safety, and general welfare by providing for adequate public facilities. ·Public Facilities· per Government Code Section 66000 includes ·public improvements, public services, and community amenities.·
Government Code Section 66000 requires the identification of those facilities for which impact fees are going to be used as the key financing mechanism. Identification of the facilities may be made in an applicable general or specific plan, other public documents, or by reference to a Capital Improvement Program <·crp•).
OTA has worked closely with City staff to develop the list of facilities to be included in the Fee Study (the ·Needs u.st·). Additionally, the Needs List was presented to and reviewed by City Council and has been introduced at numerous Stakeholders' Meeting. For purposes of the City's fee program, the Needs List is intended to be the official public document identifying the facilities eligible to be financed. in whole or in part, through the levy of a development impact fee on new development within the City. The Needs Ust is organized by facility element (or type) and includes a cost section consisting of six (6) columns, which are defined in Table 6 on the following page. Actual needs are likely to change over time as a result of changing technology and approaches for delivering public services. The Needs List is illustrative of the required facilities if all the facilities were constructed and operational as of the date of this study. The fees may be used on (any) facility which serves a similar function and purpose as those facilities identified on the Needs List.
Table 6: City of Los Banos Needs List Explanation of Cost Section Column Title Contents Source
The total estimated facility cost including
Total Cost for Facility engineering, design, construction. land Clty acquisition, and equipment (as applicable)
Offsetttng Revenues to Share of Total Offsetting Revenues allocated to New and Existing new and existing development City Development
Net Cost to City The difference between the Total Cost and the Calculated by OTA Offsetting Revenues (column 1 plus column 2) Percent of Cost Net Cost Allocated to New Development based Allocated to New Calculated by OT A and City Development on New Development's Share of Facilities
Net Cost Allocated to The Net Cost to City MultipUed by the Percentage Calculated by OTA New Development Cost Allocated to New Development City of Los Banos
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SECTION IV
NEEDS UST
Column Title Contents Source
Policy Background or Identifies policy source or rationale for facility Objective need
City General Plan, Water
Master Plan, Sewer Master
Plan, Storm Drainage Master
Plan, Traffic Master Plan.
Capital Improvement Plan,
and Council Oblective
OTA surveyed City staff and on the required facilities needed to serve new development as a starting point for its fee calculations. The survey included the project description, justification, public benefit, estimated costs, and project financing for each proposed facility. Through discussions between OTA and City staff, the Needs List has gone through a series of revisions to fine-tune the needs, costs, and methodologies used in allocating the costs for each facility.
The final Needs List is shown on the following pages and can additionally be found included as Appendix B.
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SECTIONV
METHODOLOGY USED TO
CALCULATE FEES
There are many methods or ways of calculating fees, but they are all based on detennining the cost of needed improvements and assigning those costs equitably to various.types of development. Each of the fee calculations, with the exception of parks and traffic, employs the concept of an Equivalent Dwelling Unit ("EDU-) or Equivalent Benefit Unit c·EBU") to allocate benefit among the seven (7) land use classes. EDUs are a means of quantifying different land uses in terms of their equivalence to a residential dweutng unit where equivalence is measured in terms of potential infrastructure use or benefit for each type of public facility. For many of the facilities considered in this Fee Study, EDUs are calculated based on the number of residents or employees ('"Persons Served·) generated by each land use class. Park Facilities have been evaluated according to the existing parks standaTd of
4.82 acres per 1,000 residents, as detailed in Section V and Appendix A-3. For Traffic Facilities, number of vehicle trips more accurately represent the benefit provided to each land use class and are demonstrated separately in Section V.
Table 7 below shows total existing and projected EDUs or EBUs by facility type. Notably, Persons Served equal Residents plus 50% of Employees and is a customary industry practice designed to capture the reduced levels of service demanded by employees.
Table 7: F.qutvalent Dwelling Units
--- ---,
I
I I 1 Existing Projected 1
Facility Type Service factor
. I .... rnu·,,rnu s rn~:•if~u~ J
I ---- -- -
iraffic
Fire
Police Penons Served and 13,282 5,622 Sewer /or Usage Factor Storm Drainaqe General Government
Water [11 30,853 17,571
AaesperL000 11,290 4,768 Parle Development [2} Residents (11 Special Case - the Surface Water Treatment Plant utilizes a separate sphere of influence EDU metnc. 121 Park development fee calculations used only projected 'EBVs.
In determining a reasonable nexus for each specific type of public facility, OTA utilized one of the methodologies discussed below, depending upon the data and other tnformation available from the City, and its current infrastructure policies. The fee methodologies employ the concept of an Equivalent Dwelling Unit <·Eou·) to allocate benefit among various land use classes. ED Us are a means of quantifying different land uses regarding their equivalence to a residential dwelling unit, where equivalence is measured in terms of potential infrastructure use or benefit from each type of public facility.
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PLAN-BASED FEE METHODOLOGY
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The Plan-based methodology used by OTA to establish the development impact fees used in this report is based on a •ptan, • such as a Master Plan of Facilities, Capital Improvement Plan or City General Plan. which identifies a finite set of improvements. These facility plans generally identify a finite set of facilities needed by the public agency and are developed according to assessments of facilities needs prepared by staff and/or outside consultants and adopted by the public agency's legislative body. Using this Plan-Based approach, specific costs can be projected and assigned to all land uses planned, often with a specific time period in mind that reflects new development projections. By using population and commerciaVindustrial square footage numbers provided by the City and other sources, it is possible to assign development impact fee levels by percentage between new and existing development. This methodology was used to calculate Traffic, Fire, Police, Water, Sewer and Storm Drainage fees. In preparing an impact fee analysis, facilities costs can be allocated in proportion to the demand caused by each type of future development.
STANDARDS-BASED FEE METHODOLOGY
The Standards-based methodology used to establish the development impact fees used tn this report are based on ·standards" where costs are based on units of demand This method establishes a generic unit cost for capacity, which is then applied to each land use per unit of demand. Park fees examined in this report are an exceUent example of this type of fee structure. In this study, the Standards-based methodology is used to calculate Park Development fees. This methodology provides several advantages, including not needing to know the cost of a specific facility, how much capacity or service is provided by the current system or having to commit to a specific size of the facility.
The methodologies used for each specific facility are presented on the following page in Table 8. The Equivalent Dwelling Units for each specific facility are presented tn Table 9.
The Facility Type of Traffic is not included in Table 9 because it is based on Trip Generation Rate rather than Equivalent Dwelling Units.
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Table 8: City of Los Banos Methodology (By Facility Type) - - - 1 --Facility - M ti d I I Sources of Apportioning i - U ·t f M =; T ype OS S c 10 o ogy C t I rn s o easure
' - ------ ~ - - ------ - - - -
Traffic Plan-based Existing Infrastructure Plan Trip Generation Rate Fire Plan-based Existing Infrastructure Plan Persons Served Police Plan-based 'Existing Infrastructure Plan Persons Served Water Plan-based Existing Infrastructure Plan Persons Served Sewer Plan-based Existing Infrastructure Plan ·Persons Setved Storm Plan-based Existing Infrastructure Plan Persons Served Drainage Parks Standards-based Existing Standard Acres per 1.000 residents General Plan-based Existing Infrastructure Plan Persons Served Government Table 9: City of Los Banos Equivalent Dwelling Units
r
---- ---------- ---- - - ----- -- ---i
Countywide Facility Existing ProJected % Increase
(Existing to Total Type EDUs/EBlJs EDUs/EBUs Projected) ------ --------- ~-- -------- ---- - - J Fire 13,282 5,622 42% 18,904
Police 13,282 5,622 42% 18,904
Parks 11.290 4,768 42% 16,058
Water"' 13,282 5,622 42% 18,904
Sewer 13,282 5,622 42% 18,904
Storm Drainage 13,282 5,622 42% 18,904
General Government 11,290 4,768 42% 16,058
"' Special Case - the Surface Water Treatment Plant utilizes a separate sphere of influence EDU metric.
The following sections present the reasonable relationship of benefit, impact and rough proportionality tests for each fee element (i.e., fire facilities, police facilities. park facilities, water facilities, sewer facilities, storm drainage facilities, traffic facilities, and general government facilities) and the analysts undertaken to apportion costs for each type of facility on the Needs Ltst. More detailed fee calculation worksheets for each type of facility are included in Append.be A
Importantly, given that the level of service (·LOs·) requested for new development by the City is above the existing service level for certain types of facilities, the costs of the new City or Los Banos December St 2019 /
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facilities have been carefully apportioned between existing and new development in the following manner:
1. New development was assigned 100% of the cost for a LOS that is equivalent to the existing LOS within the aty.
2. The cost of the incremental difference between the new, higher LOS being requested by the City and the existing LOS was then allocated between existing development and new development, based on the relative number of EDUs assigned to existing development and new development.
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A FIRE FACIUTIES
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The Fire Facilities category includes those facilities required within the City to maintain adequate public safety services by the fire department. In order to serve new development through buildout, the City identified the need for additional Fire Station service points, an updated training facility, and vehicle and equipment replacements.
Table 10: Fire Facilities Element
Identify Purpose of Fee Fire Faalities.
To bufid additional fire facilities to service a growing area, Identify Use of Fee update training and refueling sites, and replace aging vehicles and equipment.
New residential and non-residential development will generate additional residents and employees who wm increase service Demonstrate how there ls a calls and tn tum increase the need for trained public safety reasonable relationship between personnel. Equipment and vehicles used to provide these the need for the public facility, the services will have to be purchased and replaced to meet this use of the fee, and the type of increased demand Thus, a reasonable relationship exists development project on which the between the need for Fire Facilities and the impact of residential fee is imposed and non-residential development. The Fire Facility fees collected from new development will be used exclusively for public safety purposes as identified on the Needs List.
Table 11 identifies the facilities proposed to be funded in whole or in part with the collection of Fire fees. The costs provided in Table 11 are based on estimates provided by the City.
Table 11: fire Facilities Costs
-~
rne racihttes Cost - - - - - ---- -- --- --
Station 3 (Incl Training Facility and EOC) $9,579,938
Fueling Station $545,000
Fire Vehicles $4,S90,000
Equipment (SCBA Bottles. Radio Equipment, Jaws of Life and rel. tools) $341,639 Station4 $4,800,000
Total $19.856.577
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Fee amounts for this element were calculated for both residential and non-residential land uses as detailed in Appendix A-L Each land use classification was assigned an EDU factor which was derived from the number of Persons Served, which again is defined as the persons per household (for residential units) and 50% of the number of employees per 1,000 building square feet of each category of non-residential development.
Importantly, given that the LOS requested for new development by the City is above the existing service level for certain types of facility, the cost of the new facilities has been carefully apportioned between existing and new development in the following manner:
1. New development was assigned 100% of the cost for a LOS that is equivalent to the existing LOS within the City.
2. The cost of the incremental difference between the new, higher LOS being requested by the City and the existing LOS was then allocated between existing development and new development. based on the relative number of EDUs assigned to existing development and new development.
Fire Facilities
According to the City, it has been determined that these facilities are needed to serve new development Station 3, importantly, has been allocated funding by the State of California pursuant to a desire to construct an Emergency Operations Center ("Eoc•) to serve the region. The EOC will be constructed in conjunction with a Regional Training Facility as an extension of Station-3. The costs of the new facilities have been allocated to r:,.ew development and existtng development based on their percentage of the expected facility usage at buildout. Consequently, the costs will be allocated to both existing development and new development, as outlined in the table below.
Table 12: Fire Facilities Cost Allocation Summary
1- ----- -
Percentage Allocated Facility Cost I Development Type ________ to New Development Allocated ---- -~------- -- -
Exlsttng Development 29.38% $2,941,172
New Development 70.62% $7,070,845
Total 100.00" $10,012,017
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Fee Amounts
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Fee amounts to finance Fi.re FaC1lities on the Needs List are presented in Table 13.
Please refer to Appendix A-1 for details regarding the derivation of this fee.
Table tl: Fire Faalities Fee Derivation Summary
- -- - ---- ---- - --
ED Us per . Number of .
Land Use Type lJnit/1,000 fee per Unit/per Umts/Non-Res. CoSt financed Non-Res. S.F. 1,000 Non-Res. S.F. l,000 S.F. By fees
~- - -- - -- . - ----------- - - - -------- - - l
Single Family Residential 1.00
Multi-Family Residential 0.80
Age Restricted Residential 0.54
Retail 0.57
Office 0.43
Institutional 0.21
Industrial 0.14
$1,257.77 4,155
$1,006.21 736
$680.84 44
$716.68 2.38
$537.51 910
$268.75 120
$179.17 2,132
Total Facilities Cost:
Offsetting Revenues
Total Allocated to New Development:
Total Allocated to Existing Development
Net Cost to City:
$5,225,927
$740,867
$29,957
$170,610
$489.297
$32.191
$381.995
$19,856,577
($9,844,560)
$7,070,845
$2.941.172
$10,012,017
Based on the development projections in Appendix A-1. the fee amounts presented in Table 13 will finance 70.62% of the net costs of the Fire Facilities identified on the Needs List. The remaining 29.38% of the net costs of facilities will be funded through other sources.
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B. PoUCE FACIU'l1ES
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The Police Facilities category includes those facilities required within the Ctty to maintain adequate public safety services by the police department. In order to serve new development through buildout, the Ctty identified the need for a new primary police station, a new animal shelter, and equipment and vehicle needs.
Table 14: Police facilities Element
Identify Purpose of Fee Police Facilities.
Identify Use of Fee New primary police station, a new animal shelter, and replacement of vehicles and equipment.
New residential and non-residential development will
generate additional residents and employees who will
Demonstrate how there is a
increase service calls and in tum increase the need for reasonable relationship between trained public safety personnel. Equipment and vehicles used to provide these services will have to be purchased and the need for the public faality, replaced to meet this increased demand. Thus. a reasonable the use of the fee. and the type relationship exists between the need for Police Facilities and of development project on the impact of residential and non-residential development. which the fee is imposed The Police Facility fees collected from new development will be used exclusively for public safety purposes identified on the Needs List.
Table 15 below identifies the facilities proposed to be funded in whole or in part with the collection of Police fees. The costs provided in Table 15 are based on estimates provided by the City.
Table 15: Police facllities Costs
,--- -- ~--- - - - I
I Police Facilities Cost -- _J - --- - -- -- - --- ----- ---- Primary Police Station $34,800,000
Animal Shelter $12,500,000
Range faality $500,000
fleet Vehicles $1,845,732
Firearms Stock $150,335
Total $49.796,067
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Calculation Methodology
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Fee amounts for thts element were calculated for both residential and non-residential land uses as detailed in Appendix A-2. Each land use classification was assigned an EDU factor which was derived from the number of Persons Served. which again ts defined as the persons per household (for residential units) and 50% of the number of employees per 1,000 building square feet of each category of non-residential development.
Importantly, given that the LOS requested for new development by the City is above the existing service level for certain types of facility, the cost of the new facilities has been carefully apportioned between existing and new development tn the following manner:
1. New development was assigned 100% of the cost for a LOS that is equivalent to the existing LOS within the City.
2. The cost of the incremental difference between the new, higher LOS being requested by the ctty and the existing LOS was then allocated between existing development and new development, based on the relative number of EDUs assigned to existing development and new development.
3. The Animal Shelter has been evaluated under a LOS methodology (#1 above) in an effort to conservatively allocate costs. •
Police Facilities
According to the City, it has been determined. that these facilities are needed to serve new development Currently, existing facilities are generally operating at an appropriate and acceptable level of service; therefore, the costs of the new facilities have been allocated to new development and existing development based on their percentage of the expected facility usage at buildout. Consequently, the costs will be allocated to both existing development and. new development, as outlined in the table below.
Table 16: Police Facilities Cost Allocation Summary i--~-- ~-- ------- - Percentage Allocated rac1hty Cost Development Type to New Development Allocated -·· - --- - - - -
Existing Development 73.37% $36,461,379
New Development 26.63% $13,234,688
Total 100.00% $49,696,067
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FeeAmounts
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Fee amounts to finance Police 'Facilities on the Needs List are presented in Table 17.
Please refer to Appendix A-2 for details regarding the derivation of this fee.
Table 17: Police Facalities Fee Derivation Summary
---------- -------- -- --- - -- ------ - 1--- 7
EDUs per Fee per Unit/per Number of Cost Financed , Land Use Type Unil/1.000 Urn ts/Non-Res Non-Res. S.r-. 1,000 Non-Res. Sr. 1.000 s.r. by fees
---- ----- ------ - . - - ----
Single Family Residential 1.00 $2,354.19 4,155 $9,781,506 Multi-Family Residential 0.80 $1,883.35 736 $1,386,701
Age Restricted Residential 0.54 $1.274.35 44 $56,071
Retail 0.57 $1.341.42 238 $319,336
Office 0.43 $1,006.07 910 $915,831
Institutional 0.21 $503.03 120 $60,252
Industrial 0.14 $33S.36 2,132 $714,991
Total Facilities Cost: $49,696,067
Offsetting Revenues: ($100,000)
Total Allocated to New Development: $13,234.688
Total Allocated to Existing Development $36,461.379
Net Cost to City: $49.696.067
Based on the development projections in Appendix A-2, the fee amounts presented in Table 17 will finance 26.63% of the net costs of the Public Safety Facilities identified on the Needs List. The remaining 73.37% of the net costs of facilities will be funded through other sources.
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C. PARK fAauTIES
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The Park Facilities category identifies facilities that will serve the City's residents by enhancing the community's appeal and quality of life. The Fee Study includes (i) the planning and design of parkland and recreational areas needed for park and recreational facilities, and (ii) the construction and development of park and recreational facilities, including sports fields, ball fields, soccer fields, trails, restrooms, and park beautification needed to serve new and existing residential development through buildout. Notably, DTA's analysis does not include park acquisition costs, which are determined separately by the City's Quimby Ordinance.
For purposes of this Study, the Park Facilities will serve only the residents of the City by providing facilities for recreation while enhancing the community's appeal and quality of life.
Table 1B: Parle Element
Identify Purpose of Fee Park Facilities.
The design, construction, and development of public park Identify Use of Fee and recreational facilities, including a recreational pool facility and skate park.
New residential development will generate an increased
Demonstrate how there is a
demand for Park Facilities.
reasonable relationship Population growth has a direct impact on the need for Park between the need for the public facility, the use of the fee, and Facilities. New development and the consequential increase in demand will necessitate the improvement/expansion of the type of development project existing Park Facilities. Fees collected from new development on which the fee is imposed will be used exclusively for park. recreational, and open space facilities identified here in 5ection V.
1. Level of Service for Park Facilities
There are many methods or ways of calculating fees. but they are all based on determining the cost of needed improvements and assigning those costs equitably to various types of development. Fees for recreational and park facilities have been calculated utilizing both the "Standards-Based Approach" and the "Facility-Based Approach." The Standards-Based Approach utilizes a facility ·standard" established for future development, against which facilities costs are determined based on ·units of demand" or a 1evel of service" from a development. This approach establishes a generic unit cost for capacity, which is then applied to each land use type per unit of demand This standard is not based on the cost of a specific existing or future facility, but rather on the cost of providing a certain standard of service, such as the 4.82 acres of park and recreational facilities per 1,000 residents, which is the current level City of Los Banos December !1,, 2019 /
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of service for the City. To meet the standard of service required, the City will need to develop new park land and open space. Therefore 100% of the costs of land acquisition and development will be allocated to new residential development. The table below summarizes the existing park and recreational factlities located within the City that meet the required standard of 4.82 acres of park and recreational facilities per 1,000 residents.
Table 19: City of Los Banos Existing Level of Service
r F~~~ity Type
----- -
I Existing Acres Facility Units per
1,000 Residents --- - -- - - ------ - ----
Community Parks 88.71 2.24
Neighborhood Parks 90.94 2.29
Pocket Parks 11.38 029
Total: 191.03 4.82
2. Land Acquisition and Park Development Costs
Notably, land acquisition costs are dependent on the real estate market at the time of acquisition. Location, demand for land, encumbrances, comparable acquisitions, and construction costs are a few of the many variables that play into appraisals and negotiations. Each park has its own location and improvement requirements. OTA was able to identify general cost assumptions for new park development based on comparable data for the region. Please see Table 20 for more detail regarding the costs for new parks in the City.
Table 20: City of Los Banos Cost Assumptions for New Park Development $23,841
$23,119
$1,321
$406,265 / acre
$369,332 / acre
Pocket Parks $21,105 / acre
Additional Costs
Administration 5%
• In light of the Oty's Quimby Fee, Land Acquisition Costs have been excluded from this analysis at this time.
Using both the level of service and cost assumptions, OTA calculated a total of Cfty of Los Banos December 3.1. 201.9 /
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$32,768,223 for park development costs. Please see Appendix A-3 for more information.
3. Additional Park Improvement Costs
Furthermore, the City intends to expand and enhance existing City-owned facilities to accommodate increased demand The Capital Improvement Plan and the Public Works Department have identified the need for the following park facilities improvements to serve the 16,735 total new residents within the City - a new recreational pool facility and skate park The total cost for these facilities is currently estimated at $13,500,000. Please see Appendix A-3 for more detail on the costs and LOS associated with these facilities.
Table 21: Park Facilities Costs
-
' Parl<s Cost i --- - -- -- - - ~------- ~- j
Recreational Pool Facility $12,000,000
Skate Park SlS00,000
Total $13,500,000
Calculation Methodology
Fee amounts for this element were calculated for residential land uses only, as detailed in Appendix A-3; Each land use classification was assigned an EDU factor which was derived from the number of persons per household.
Importantly, given that the LOS requested for new development by the City is above the existing service level for certain types of factlity, the cost of the new facilities has been carefully apportioned between eXisting and new development in the following manner:
1. New development was assigned 100% of the cost for a LOS that is equivalent to the existing LOS within the City.
2. The cost of the incremental difference between the new, higher LOS being requested by the City and the existing LOS was then allocated between existing development and new development based on the existing and future number of facility units per 1,000 residents.
Based on the development projections in Appendix A-3, 29.69% of the costs of the Recreational Pool Facility will be allocated to new development. and the remaining
70.31% will be allocated to existing development. Also based on the development projections in Appendix A, 59.38% of the costs of the Skate Park will be allocated to new Cfry of Los Banos December 3j, 2019 /
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development, and the remaining 40.62% will be allocated to existing development.
Fee Amounts
Fee amounts to finance Parle Facilities on the Needs List are presented in Table 22.
Further details on the derivation of this fee are included in Appendix A-3.
Table 22: City of Los Banos
Fee Derivation Summary (Net of Administrative Component) - I . Number of Cost Financed I Land Use Type EDlJs per Unit fee per Umt U ·t b r ! m s y ees ----------- - ·--~-- ---------- I -
Single Family
Residential
Multi-Family
Residential
Age Restricted
Residential
1.00 0.80
0.54 $7,028 4,155 $29,200,209
$5,622 589 $4,139,645
$3,804 24 $167,387
Cost Allocated to New Development: $33,507,240
Based on the development projections in Appendix A-3, the fee amounts presented in Table 22 will finance $33,507,240 of Park Facilities.
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0. WATER FACILITIES
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The Water Facilities category includes those facilities used by the City to provide basic water supply and distnbution services to residents and employees within the City.
Table 23: Water Facilities Bement
Identify Purpose of Fee Water FaclUttes.
Identify Use of Fee Improvements to certain facilities including but not limited to, water storage, supply, and distribution facilities.
DemonstTate how there New residential and non-residential development will generate an is a reasonable increased demand for Water Facilities.
relationship between the Population and growth have a direct impact on the need for Water need for the public facility. the use of the Facilities. Therefore, new development and the consequential increase in demand will necessitate the improvement/expansion of fee, and the type of existing facllities. Notably, fees collected from new development development project on will be used exclusively on Water Facilities identified in the Needs which the fee is imposed List Table 24 on the following page identifies the faanties proposed to be funded in whole or in part with the fees. The costs provided in Table 24 are based on estimates provided bytheCtty.
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Table 24: Water Facilities Costs --- --- -- ----- - - - - - - I Water facilities Cost i
-------- --------- - - - ------- --
Surface Water Treatment Plant (Incl. Chromium 6 Testing) $260,615,333 Groundwater Sustainability & Recharge Project $230,000
Valve Replacement $250,000
WaterUnes $3,212,000
Well16 $1,620,000
Water Meters $398,528
wen Rehabilitation $1.560,000
'Equipment $479,000
Storage Tanks and Booster Pumps $23,460,000
Groundwater Wells $11.340,000
Well Manifold System $10,815,000
Total $313.979,861
Calculation Methodology
Fee amounts for this element were calculated for both residential and non-residential land uses as detailed in Appendix A-4.
The specific facilities required within the City were identified by the City and the Water Master Plan. OTA was able to determine the appropriate allocation of costs to new development based on the expected of usage of facilities at buildout. Accordingly,
52.17°./4 of the costs will be allocated to existing development and 47.83% of the costs will be allocated to new development as shown in Table 25 on the following page.
The Surface Water Treatment Plant, constituting approximately eighty-three percent (83.00%) of the Water Facilities Needs List, has been identified by the City as an essential item moving forward to meet growth demands and to ensure the continued livelihood of local residents. Included in the costs of the item are the anticipated costs of Chromium 6 testing and treatment. The state of califomia, and more specifically the State Water Resources Control Board, has identified the need to establish a hexavalent chromium maximum contaminant level (MCL) for drinking water. While the Superior Court of Sacramento County invalidated the MCL established by the CDPH in 2017, the court also ordered the State Water Board to adopt a new MCL for hexavalent chromium.
It is anticipated that the new MCL will accompany a new timeUne for compliance akin to Senate Bill 385 (SB385) which established said timeline in 2015 prior to the actions of City of Los Banos
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the Superior Court.
Table 25: Water Facilities Cost Allocation Summary ------- -- - ---- - - - i racilily Cost I DevPlopment Type Percentage Allocated I Allocated
-- -- -- ·- - -•-- - --- - - - .
Existing Development 52.17% $103,010,857
New Development 47.83% $94,458,084
Total 100.00% $197,468,941
Fee Amounts
Fee amounts to finance Water Facilities on the Needs List are presented in Table 26.
Further details regarding on derivation of this fee are included in Appendix A-4.
Table 26: Water Facilities Fee Derivation Summary
Land Use Type
EDUs per
Unit/1,000
Non-Res. S.F.
fee per
Unit/per
1,000 NonRes. S.F.
SWTP Fee
per Unit/per
1,000 Non -
Res. S.F.
Number of
Units/NonRes. 1,000
SWTP
Number of
Units/NonRes.1,000
Cost financed
by Fees
S.F. S.F.
Single Family $1,384.06 $4,932.91 ... s12,1n .444
Multi-Family $1,107.25 $3,946.33 2,419 $10,361,980
Age Restricted 0.54 $749.21 $2,670.24 44 $913,662
Retail
Office
Institutional
Industrial
0.57 $788.64 $2,810.77 238 75 $398,430
0.43 $591.48 $2,108.08 910 2,771 $6,379,403
0.21 $295.74 $1,054.04 120 163 $207,684
0.14 $197.16 $702.69 2,132 5,122 $4,019,479
Total Facmties Cost: $313,979,861
Offsetting Revenues ($116,510,921}
Total Allocated to New Development: $94,458.084
Total Allocated to Existing Development: $103,010,857
Net Cost to etty. $197,468,941
Based on the development projections in Appendix A-4, the fee amounts presented in Table 26 will finance 47.83% of the net costs of the Water Facilities identified on the Needs List. The remaining 52.17% of the net costs of facilities will be funded through other sources.
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E. SEWER FACILITJ'ES
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The Sewer Facilities category includes those facilities used by the City to provide basic water supply and distribution services to residents and employees within the City.
Table Z/: Sewer Facalities Element
Identify Purpose of Fee Sewer Facilities.
Identify Use of Fee Improvements to certain facilities including but not limited to, wastewater storage, supply, and distribution facilities.
Demonstrate how there New residential and non-residential development will generate an is a reasonable increased demand for Sewer Facilities.
relationship between the Population growth has a direct impact on the need for Sewer need for the public Facilities. Therefore, new development and the consequential facility, the use of the increase in demand wm necessitate the improvement/expansion of fee. and the type of existing facilities. Notably, fees collected from new development development project on will be used exclusively on Sewer Facilities identified in the Needs which the fee is imposed List.
Table 28 on the following page identifies the facilities proposed to be funded in whole or in part with the fees. The costs provided in Table 28 are based on estimates provided by the City.
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Table 28: Sewer "Faalities Costs - ------- --- -- ~
, Sewer facilities Cost
I ---- -- - ---- --- - ~
Sewer Une Replacement $200,000
Nantes Storm Basin $1,795,000
Central City Sub-basin $2,298,000
B Street Storm Basin $1,230,000
Pump Station Rehabilitation $350,000
Jefferson Storm Line $567,000
Murrieta Storm Line $161,000
Pacheco Storm Une $453,000
Citrus Second Storm Une $100,000
H - Illinois Storm Une $286,000
H - Nevada Stonn Line $286,000
Jo-Une Park Manor Pump Station $312,000
Crest Hills Pump Station Rehabilitation $350,000
WWTP Headworks $6,615,000
Groundwater Study $70,000
WWTP - Sludge Removal $250,000
WWTP - Cold Mix Overlay $150,000
Potable Water Line to WWTP $200,000
Solar Bee Additions $1.012,300
Equipment $1,055,000
Wastewater Treatment Plant $4,183,000
Pioneer Trunk $9,303,000
North Trunk $31,681.000
Meadowlands $1,604,000
Vineyard Trunk $1,049,000
Southeast Trunk $822,000
College Trunk $360,000
West Trunk $9,083,000
Total $75,825,300
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Calculation Methodology
SECTIONV
METHODOLOGY USED TO
CALCULATE FEES
Fee amounts for this element were calculated for both residential and non-residential land uses as detailed in Appendix A-5.
The specific facilities required within the City were provided by the City's engineer. OTA was able to determine the appropriate allocation of costs to new development based on the expected usage of facilities as well as numerous discussions with City staff.
Accordingly, 45.22% of the costs will be allocated to existing development and 54.78% of the costs will be allocated to new development as shown in Table 29 below.
Table 29: Sewer Faolities Cost Allocation Summary
I Development Type Percentage Allocated Facility Cost
Allocated
--- --- -- -
Existing Development 45.22% $22,489,651
New Development 54.78% $27.248,762
Total 100.00X $49,738,413
Fee Amounts
Fee amounts to finance Sewer Facilities on the Needs List are presented in Table 30.
Further details regarding on derivation of this fee are included in Appendix A-5.
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I
SECTIONV
METHODOLOGY USED TO
CALCULATE FEES
Table 30: Sewer facilities Fee Derivation Summary
- ----
EDUs per Fee per Unit/per Number of Cost
I L·md Use Type Unit/1,000 1,000 Non-Res. Units/Non-Res. Fin,mced by Non-Res.
S.F. S.F. 1.000 S.F. Fees
-~~ -~ - - ----
Single Family Residential 1.00 $4,847.02 4,155 $20,139,042 Multi-Farmly Residential 0.80 $3,877.62 736 $2,855,065
Age Restricted Residential 0.54 $2,623.74 44 $115,445
Retail 0.57 $2,761.84 238 $657,477
Office 0.43 $2,071.38 910 $1.885,595
Institutional 021 $1.035.69 120 $124,052
Industrial 0.14 $690.46 2,132 $1,472.087
Total Facilities Cost: $75.825.300
Offsetting Revenues ($26,086,887)
Total Allocated to New Development: $27.248.762
Total Allocated to Existing Development $22.489,651
Net Cost to City: $49.738.413
Based on the development projections in Appendix A-5, the fee amounts presented in Table 30 will finance 54.78% of the net costs of the Sewer Facilities identified on the Needs List. The remaining 45.22% of the net costs of facilities will be funded through other sources.
Ctty of Los Banos
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SECTIONV
METHODOLOGY USED TO
CALCULATE FEES
F. SroRM 'DRAINAGE FACll,[[IES
The Stonn Drainage Facilities category includes those facilities used by the City to provide storm drainage services to residents and employees within the ctty.
Table 31: Storm Drainage Facilities Element
Identify Purpose of Fee Storm Drainage Facilities.
Identify Use of 'Fee Improvements to certain facilities including storm drainage facilities.
Demonstrate how there New residential and non-residential development wlll generate an ts a reasonable increased demand for Storm Drainage Facilities. relationship between the Population growth has a direct impact on the need for Storm need for the public Drainage Facilities. Therefore, new development and the facility, the use of the consequential increase in demand will necessitate the fee, and the type of improvement/expansion of existing facilities. Notably, fees development project on collected from new development will be used exclusively on Storm which the fee is imposed Drainage Factltties identified in the Needs List Table 32 on the following page identifies the facilities proposed to be funded in whole or in part with the fees. The costs provided in Table 32 are based on estimates provided by the City.
ctty of Los Banos
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SECTIONV
METHODOLOGY USED TO
CALCULATE FEES
Table 32: Storm Drainage Facilities Costs - -- - - - - -- --- - - - -, Storm Orninage facilities Cost
-- -~ - -- --- -- --
Airport No, 1 Sub-basin $778,000
Airport No. 2 Sub-basin $3,968,000
Citrus Terrace Sub-basin $67.000
College Greens No. 1 Sub-basin $12,401.000
College Greens No. 2 Sub-basin $6.029,000
Creekside No. 1 Sub-basin $10,085,000
Creekside No. 2 SUb-basin $63,923,000
Crest Hills Sub-basin $3,015,000
Gardens No. 1 and Gardens No. 2 Sub-basin $7,580,000
Gardens No. 3 Sub-basin $11,597,000
Johnson Field Sub-basin $20,475,000
Meadowlands No. 1 Sub-basin $5,126,000
Ranchwood No. 2 SUb-basin $23,650,000
Skylark No. 2 Sub-basin $12,145,000
Walmart No. 1 Sub-basin $7,230,000
Walmart No. 2 Sub-basin $12,792,000
Total $200,861,000
Calculation Methodology
Fee amounts for this element were calculated for both residential and non-residential land uses as detailed in Appendix A-6.
The specific facilities required within the City were provided by the City's engineer. OTA was able to determine the appropriate allocation of costs to new development based on the expected usage of facilities at butldout. Accordingly, 40.60% of the costs will be allocated to existing development and 59.40% of the costs will be allocated to new development as shown in Table 33 on the following page.
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METHODOLOGY USED TO
CALCULATE FEES
wwv..FinanceDTA.com
Table 33: Storm Drainage Facilities Cost Allocation SUmmaJY - ------- -- - -- ----
j Facility Cost . Development Type Percentage Allocated I - -- ------ Allocated
- - - - - -
F.xisting Development 40.60% $11.364.504
New Development 59.40% $16,629,864
Total 100.00% $27,994.368
Fee Amounts
Fee amounts to finance Storm Drainage Facilities on the Needs List are presented in Table 34. Further details regarding on derivation of this fee are included in Appendix A-6.
Table 34: Storm Drainage Facilities Fee Derivation SUmmaJY ,- -- - --- - - - --- - -
I EDUs per Fee per Unit/per Number of Cost Financed I I.and Use Type Unit/1,000 1,000 Non-Res. Units/Non-Res by Fees Non-Res. S.F. S.F. 1,000 S.F. ' - ---- - - -- -- - --
Single Family Residential 1.00 $2,958.13 4,15S $12,290,816 Multi-Family Residential 0.80 $2,366.50 736 $1,742,440
Age Restricted Residential 0.54 $1,60127 44 $70.456
Retail 0.57 $1,685.54 238 $401,257
Office 0.43 S1,264.16 910 $1,150,775
Institutional 0.21 $632.08 120 $75,709
Industrial 0.14 $421.39 2.132 $898,412
Total Facilities Cost: $200.861,000
Offsetting Revenues ($172,866,6:J2}
Total Allocated to New Development: $16,629,864
Total Allocated to Existing Development $11,364,504
Net Cost to City: $Zl.994,368
Based on the development projections in Appendix A-6, the fee amounts presented in Table 34 will finance 59.40% of the net costs of the Storm Drainage Facilities identified on the Needs List. The remaining 40.60% of the net costs of facilities will be funded through other sources.
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G. TR,yFJc FACIUTIES
SECTIONV
METHODOLOGY USED TO
CALCULATE FEES
The Circulation Element of the General Plan includes facilities necessary to provide safe and efficient vehicular access throughout the City. In order to meet the traffic demand of new development through buildout, the City identified the need for new road construction and equipment as shown in the Needs List.
Table 35: Traffic Faalities Element
Identify Purpose of fee Traffic Facilities.
Various roadway improvements including, but not
Identify Use of Fee limited to. intersection and road widening modifications.
New residential and non-residential development will
Demonstrate how there generate additional residents and employees who will is a reasonable create additional vehicular and non-vehicular traffic relationship between within the City limits. Streets will have to be improved or extended to meet the increased demand and traffic the need for the public signals will have to be installed to efficiently direct facility, the use of the increased traffic flow. Thus. there is a relationship fee. and the type of between new development and the need for new development project on traffic facilities. Fees collected from new development which the fee is imposed will be used exclusively for traffic facllities on the Needs List.
Table 36 on the following page identifies the facilities proposed to be funded in whole or in part with the fees collected for Traffic Facilities. The costs provided in Table 36 are based on estimates provided by the City and validated by TJKM Transportation Consultants.
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METHODOLOGY USED TO
CALCULATE FEES
Table 36: Traffic Facilities Cost ~~~
- - -
1 Traffic Facilities Cos;- 7 I
l ---- ~ - - ------ ~-- ----
Ward Road Improvements $8,09S,566
Place Road Improvements $512,709
SR 165 Improvements $13,097,052
Badger Flat Road Improvements $2.899,919
Capri Avenue Improvements $2,429,922
Dove Street Improvements $329,411
Pioneer Road Improvements $2.613,483
Cardoza Rd, Madison Ave, and Page Ave Improvements $1168,709 Intersection Improvements and Modifications $26,547,290 Traffic Master Plan $100,000
Utility Vehicles and Equipment $745,000
Total $58,539,061
C8lculation Methodology
As discussed previously, Traffic Facilities benefit residents and employees by providing safe and efficient vehicular access throughout the City. As a result, the traffic fee is calculated for both residential and non-residential land uses, details of which may be found in Appendix A-7.
Fees for roads and traffic signals were calculated for each of the seven (7) land use categories based on the number of PM Peak Hour Trips generated by each land use.
Total average trips were calculated by applying these trip rates to the various dweutng unit counts and non-residential square feet identified in the demographics section of this report. The total facilities cost was then divided by the total number of trips to establish a uniform cost per trip. This unit cost was then applied to the various land uses and their respective trip generation rates to determine the proposed fees.
Expected revenue from new development was also calculated as a check, ensuring that collected fees match the calculated cost responsibility of new development.
The Institute of Transportation Engineers· Trip Generation Manual provides trip generation rates for the different land uses. These rates are estimates and subject to change; rates have been generally confirmed and approved by TJKM Transportation Consultants.
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SECTIONV
METHODOLOGY USED TO
CALCULATE FEES
Table "S'/: Traffic Faalities Cost Allocation Summary
~ -- ----- - - --- - - -
Development Type Percentage Allocated rac1hly Cost
I Allocated
----- - - --
Existing Development 78.29% $41.071.612
New Development 21.71% $11,386,452
Total 100.00% $52,458,064
Fee Amounts
Fee amounts to finance Traffic Facilities on the Needs List are presented in Table 38 below.
Again, details regarding the analysis related to Traffic Facllities are included in Appendix A7.
Table 38: Traffic Facilities Fee Derivation Summary
------- ---- ------ -- - --- - - -- --
Trip Generation Fee per Number of Cost ! Land Use Type
I
Rate per Unit/ per Unit/per l,000 Umts/Non- Financed by I 1,000 Non-Res. 5.F. Non-Res. 5 F. Res. 1,000 5.F. Fees
·~~..mma~lllmm3il
Multi-Family Residential 0.69 $903.11 736 $664,953
Age Restricted Residential 0.54 $703.93 44 $30,973
Retail 4.98 $6,495.18 238 $1546,230
Office 1.00 $1,300.86 910 $1,184,184
Institutional 1.21 $1,574.04 120 $188,535
Industrial 0.85 $U04.71 2,132 $2,355,283
Total Facilities Cost: $58,539,061
Offsetting Revenues ($6,080,997)
Total Allocated to New Development: $11.386,452
Total Allocated to Existing Development $41.071.612
Net Cost to City: $52.458.064
Based on the development projections in Appendix A-7, the fee amounts presented in Table 38 will finance 21.71% of the net costs of the traffic facilities identified on the Needs List.
The remaining 78.29% of the net costs of facilities will be funded through other sources.
City of l.os Banos
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SECTIONV
METHODOLOGY USED TO
CALCULATE FEES
H. GENERAL GoYERNMENI FACD.rrr£S
The General Government Facilities category includes library facilities and other facilities used by the City to provide general governmental services.
Table 39: General Government Facilities Element
Identify Purpose of General Government Facilities. (Combined fee for Corporate 'Fee Yard City Han. Public Facilities and Community Center).
City Hall expansion and rehabilitation, plus other facilities used by the City to provide general governmental services.
Identify Use of Fee Table 40 identifies those facilities that serve all residents, employees, and development within the City, regardless of location.
Demonstrate how New residential and non-residential development in the aty there is a reasonable will generate additional residents and employees who wiU relationship between increase the demand for City Hall and general government the need for the functions. Population and growth have a direct impact on public facility, the the need for government services and facilities, thus a use of the fee, and reasonable relationship exists between new development the type of and government fae11ities, which will have to be acquired to development project meet the increased demand. Fees collected from new on which the fee is development will be used exclusively for General imposed Government Facilities on the Needs List.
Table 40 below identifies the facilities proposed to be funded in whole or in part with fees.
Table 40: General Government Facilities Element
--- - - ~~- -
j General Governmen_l _ Cost - -
City Hall Expansion and Rehabilitation $7,249,050
City Hall Parking Lot and landscaping $1,751,750
Council Chamber Upgrade $200,000
Network/Server Replacement $215,705
Corporation Yard Expansion $1,350,000
Total $10,766,505
Cfty of Los Banos
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Calculation Methodology
SECTION V
.METHODOLOGY USED TO
CALCULATE FEES
According to the City, it has been determined that these facilities are needed to serve new development. Currently, these faalities are generally operating at an appropriate and acceptable level of service; therefore, the costs of facilities have been allocated to new development and existing development based on their percentage of their expected facility usage at buildout.
Importantly, given that the LOS requested for new development by the City is above the existing service level for certain types of facility, the cost of the new facilities has been carefully apportioned between existing and new development in the following manner:
1. New development was assigned 100% of the cost for a LOS that is equivalent to the existing LOS within the Oty.
2. The cost of the incremental difference between the new, higher LOS being requested by the Oty and the existing LOS was then allocated between existing development and new development, based on the relative number of EOUs assigned to existing development and new development.
General Government Factlitles
According to the City, it has been determined that these facilities are needed to serve existing and new development. The costs will be allocated to both existing development and new development, as presented in Table 41 below.
Table 41: General Government Facilities - Buildings Cost Allocation Summary - - - . -- --~--- -- [ Development Type Percentage Allocated facility Cost
to New Development Allocated -- - - - ~
Existing Development 61.04% $5,245,045
New Development 38.96% $3,347,341
Total 100.00% $8,592,386
Fee Amounts
Fee amounts to finance General Government Facilities on the Needs List are presented in Table 42. Details regarding the analysis related to General Government Facilities are included in Appendix A-8.
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SECTIONV
METHODOLOGY USED TO
CALCULATE FEES
Table 42: General Government Facilities Fee Derivation Summary - ----- ---- ---- -- -- - - ---
I EDUs per Fee per Unit/per Number of Cost Financed 1 Land Use Type Unit/1.000 1.000 Non-Res. Units/Non-Res. by Fees Non-Res. SF s r. 1.000 s.r. - --- - - Single Family Residential 1.00 $702.07 4,155 $2,917,072 Multi-Family Residential 0.80 $56L66 736 $413,546
Age Restricted Residential 0.54 $380.04 44 $16,722
Retail 0.00 $0.00 0 $0
Office 0.00 $0.00 0 so
Institutional 0.00 $0.00 0 $0
Industrial 0.00 $0.00 0 so
Total Faalities Cost $10.766,505
Offsetting Revenues ($2.174,U9)
Total Allocated to New Development: $3,347.341
Total Allocated to Existing Development $5.245.045
Net Cost to City: $8,592.386
Based on the development projections in Appendix A-8, the fee amounts presented in Table 42 will finance 38.96% of the net costs of the General Government facilities identified on the Needs List. The remaining 61.04% of the net costs of facilities will be funded through other sources.
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SECTION VI
SUMMARY OF FEES
The total fee amounts required to finance new development's ·tair share" of the costs of facilities in the Needs Lists are summarized. in Table 43 below.
Table 43: City of Los Banos Development Impact Fee Summary Single Farnlly $1,258 $2.354 $7,028 $6,317 $4,847 $2.958 $1.304 $702 $803 $27,5'11 Multl-tanuly $1,006 $1,883 $5,622 $5,054 $3,878 $2.367 $903 $562 $638 $2l.9l! Age Restrtcted $681 $1.274 $3,804 $3,419 $2,624 $1,601 $704 $380 $435 $14,923 Retail $717 $U41 $0 $3,599 $2,762 $1,686 $6,495 $0 $498 $17.c>98 Office $538 $1,006 $0 $2,700 $2,071 $1,264 $1.301 $0 $266 $9,1A6 lnst1tutional $269 $503 $0 $1.350 $1,036 $632 $1.574 $0 $161 $5.524 Industrial $179 $335 $0 $900 $690 $421 $1.105 $0 $109 $3,740 Cfty or Los Banos
Development Impact Fee Justification Study
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APPENDIX A
Fee Derivation
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CITY OF LOS BANOS
FIRE DEVELOPMENT IMPACT FEE CALCULATION
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FIRE DEVELOPMENT IMPACT FEE CALCULATION
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FIRE DEVELOPMENT IMPACT FEE CALCULATION
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l<lOLl!l'l.c
(cl
Ccot-~1-
To-~ 111
!.t_'t"lbt
F.Zl~Fdl;i.,.illl!tlng_Sbl,_d!plkllllwMINtweild-Eiliilng.plUl~Unlll-1DIICl""'DMIOpmllft tXttli"9
NIP# peyc,4otl'NM. T~
'F.!Coot~....._,bloUngnNow~
l')r.ktlrlg
NHwO.Yllll9! •rntflf
T~I
ifact~~
FINtFIClll!los
OffHm~t 1'IPMl'WIIII
und U.TSlnglc Family
Multlfllmlly
Age Restricted
Ret3'1
omr:e ln!i.tll1.1Uor,al
lnd•r.uiol
Tolll1 Allor.med to New OeveloPmtrit
Outside f undln , ~•011,lb1llt
Tct•I ofFn
_.,, ,11\h
iinr
1,gi
Totll__.at
1~~111'
0 11 uo
t.l,,"O
...... , prun,t/
1000N1Jn.-sr
1.00 0.80
0.5< 0,51
J
0.21 0.1.il
....,_,.,,,T_
70.Zft
311-.7411
,00.00!<
"""""""°'°' ,._ efkitterl u1,,e,. 91U2ll
l~"
Colt-edl O!lll oNM OllwlroDm !]!
m.e,s.•os .' .,., ~-f't:;
r_.,..Unlt/ 1000lf0n.RM.Sf
S1 .2Sl.7'
11,006.21
1680.B<
$116.68
S!i37.51
1268.75
1179.17
UnlloSllllt
---r-.g
ll~ffl
U•40
~
!l!!!!ll!f..!l!
;;,-g: 1638
~-ldl
,,__,,,.,.
1.GaOEDlh ,.,...
lmograllldF~Sllnt
----- Do ...
0.11 ~ ,,,.
----
-~ asll u 1
32,4~i J4,:iBll{Nl
Total
[l!!l!l,ous tJ,t:ii:..
_Mil.
Numbor d UdltS/ I 000 NoMl,._Sf
•.1.-.s
11;
44 238
910
120
2132
l•I UnllO por EDU
lloyo!ICladlllng
!lfl>I lit'-
Units
~1005To
" IA 1z1r)(I
lei CcotAI- por EDU
..,..,..Emtlna kif I.Id
nbJ
--To ·---"'
- De•-··· ,.,,.
!I;!!
Cot!ow
EDII $2,101 .73
----
Cootflmncedbv
DIF SS.225.927
S7AO.S67
129,957
SH0,610
S489,297
132.191
.,., oos
S7,0l0.S45
.U 941 .1l2
, ,00, .. 011
_._.._,,. Ill
---1•1 lb1•1e1, tooo
_1~J 9.
TOIIIUnlts
--
lfl
Ccot-eo,,,,,4~ Simco 9lilrMllnl ,.,
1•11.ltJ.l.1!!!!!
"
llll70
171 lO
Tolll.....-Fcllll;y
~! • D11
o,il!I
m
J;l Tatal~
-Unll9
~ 1•"1
Ill! Toal~
-~Faclll\Y k:i+Ut
_J_ fr
141
dta/
-IT"'
,_,;;;T= "'-"· Pr-imery Ste ti on 0 Anlmal Shelter 2.600 R8nQ9 Fscllltv 2 fleet Vchlc.lt.-S so Flr"Ml"'l'mSrr:IClt, Wl Police Facllltl~ Ill! Number ol Unl!S LandUsa T- I Nan-RM. 1 .000 SF Single Fe nilly 9,758 Multltamlly 1,753
Age Resttictod 239
Retail sss Office 2,123
1nst1n.it1onsl 279
lrviu:strlal ◄ Y73
T"""I
Facll"" T- ,., __ ,...
Primary Station 0
Anlmal Shelter 2,800 R~e F9Cilltv 2
FfeetVchlctes so Firearms Stock 250
r~•ilica F acUIUas
,.
tel Number of Units
Land Use T..,. I Non--. 1 """SF
Slnqtefamllv •. ,ss Multifamitv 736
A(leRestrfctt:o •• Rctbil 238 Ol'flce 910
Institutional 120
lncb.J~ll'i I
TOIIII ""
Foc!!g: Txl!! au- Prlmerv Station 111 ,2.000
Ar,lmal St!Oltcr 12,943
RanQeFac.lllty 2.25
Fleet Vol'\tcles GO Flrearm'.5 Stock· 150 ~...,, IIU"
APPENDIX A-2
CITY OF LOS BANOS
POLICE DEVELOPMENT IMPACT FEE CALCULATION
FldlllYU"""'
Square Fcot
So.uArfl Fest
Acres
Units
Unil!I
lb[ lei ""'°"' $mnld 11"1' Unit I I .OCIO Non-Res. Sf
ED\Js por Unit I l'w 1 000 !f«i--. Sf 3.51 1.00
2,81 0.80
1,90 n.s,t
2.00 0.57
,.so 3
0.7S 0.21
0.50 0,11
uuontltY Faolmt Unb oer l11M EDU1
SQuero Foot 0.00 Square Feet 195,76
~ .. 0.11
Units 3.18
Unlt.S 18.82
[bl lei
Em,,1-por EDUtporUnlt ..____._ , IWW'\ Sf ,_ , - SI= J.51 1.00
2.81 o.eo 1.90 0 .54
2.00 0.57
1.50 0.43
0.75 0.21
o.so 0-' ◄
F9cn• x Unl!S Fl<tt!!:! COtt SQuere Feet SJ .t!00,000
SQL$'e Feet S12,500,000
Ac,o, $500,000
Units Sl,745.732
Units $150,335
Ji
[d]
Total
Number ol EDUs
1a1•1c1
9,758
1.402
129
316
907
60 708 , ,,~
lo] Tatal N.-orEDUs .,.,., 4,155
589
◄
136
388
26 ""' 11.1122
QuanUl,y
1!!!: 1,000EDUs
7.470.98
2,302.31
0.◄0
8.89 44.47
142
dta I
"-'"'',,,..,-.111
l•l Exlstmil Squma Fat
- .l8!!!. mus ,100
"-2.SO..,,,FM< Exl!ltlnA se,,,J,:eStandfflj SplitllaYII ExlsUng
~
New OcvelOJHT'ICtnt -
'Al C-Allocat9CI _, Exlstl1111 and New DaYol-
£xl,Ung
New OovolOf'lm&nt
Tatel
8.1 Mlmol.Shll,_
l•l Exlltill!I SQuerefN!:-
1.000 !DU's
191.78 - - - --
lbl TOllllfut.n ED\Js
'l!!.ll
-or
EDU'I
13,2e~
ID
TOIII Numll9r of <--fNt
29,S0M0
12.411().flO
U'JOI ~
Hi1
Tollll FLlllJnl
EOU'•
, ,t .
APPENDIX A-2
CITY OF LOS BANOS
POLICE DEVELOPMENT IMPACT FEE CALCULATION
lcl
$QlinfNtAIJo<:atac1100II
ToNawo.v.l_,,.....
1a1•1bJ
lopment:
"""""-<1fTOlal
7~
•2Q.'""
"'"'""'-°' oo.t- 70.26'1!
1>9.1••
""' -
lcl Al-10Dll
TDHIIWDewlOllffltl"lt
l•i•tbl
M!!Ml
(dJ
ProJ>OOecl Sllvlce
__
1•000 EDU>
:!J!1 l j\
SQuo,-F-Sollt
---Exlotlnll
~ 4q 11.',90JU)
,..,,,,,,,._
SZU50.04'
n0,3<h !i!i ,,._ w,,,
l<Jl
Propooecl- $11ndardper
1.000 [ !!!:! . lll)' U
U Sq\a9-l!evOnd omm11 ..v101 -.iS&>11t-nww1ndExlslln!I.D1111 FIIOlllt'/Ullft,II-IDD!lto lie"I ~ Numborof
_ E"' .. ,,.,.. 111;282
J!i.~w~nt ltM~
Toi t ··-· 8.3 lltln!I - NN_O_Ol)Rlant
--ofT-......
IOU~ 2a,,,. mnnl'ercenlaAlol
--8832'1l
.um.
! !WI'\
Squ .. FNtsi,llt
-.NawM1dEJdt!lna
• dtn.,1
.,. 'lffl. lt•t
l•l
$Quartl fNt - EDU a.ior,c1Ex-
----1!!1:.1.2l
1.1.1,
Square- Al-tDDKTo
- NIA
0.00 l•l
SQuoreFOOlporEDU
8-nc!ElclsllnA
ldl·l•I
11tl!!:tt
Souare- Allocaed100IITo
..... N/A
1100.5?
m
$q\loNFNtlleVondEldltlnA
--bl'(•I 11000
~
TOIII SQuote Fftt
AlIn
W]Oll.40
12._490.80
~ -
5QUW9F-119Y(lnd
ExlollnASelv!OaSl.ondlrd
lb1·1•1 11000
U fU } •J
TOlll~FNt Al8,320.59
1,100.Sl r
o_ ...,.11n
Toral Prooollcl
-$Qual'IIFN!:
...ml:l!L
f t,OCOD'I
l~l TOIIIIProPOOld
N-!qtarwFNt
__M:J•lll
'qi
143
dta
C-1 , flii:il"'
(hf
Tot,ilf-
?OU'•
APPENDIX A-2
CllY OF LOS BANOS
POLICE DEVELOPMENT IMPACT FEE CALCULATION
Ir.I ActmAllocot..i100'll
Ta _Dovel_,. !1l':
.~I f'rOOOM<l:w.t<:o
Standard""'
1i;,zlll:tMS.,O,,dElds,1r,Q!lorvlce-.iSiil1t ___ h1--v.,,1ci.-=-10o!IU>-~ ucl .. lnq
NCW Clcvniu, mMI
To~ I
C:.3 Caot41- e.:w-,Clclsllnq lr>d -
Cmunq
r,lnw OCYnlhj •mP.nt
~
0.1 n•lr,ol\ldes
fnl
EmllnA
Unlcspor
1,ogD £0lh
~6
02 fadlitvlliilla a.,,ind bb,/np
Exi$ltnQ
Now 0.V0!9fdl"len1
:oto1
-of
(OVJ
;),28?
i t91
!1"51~
T,,..i-o,
-:1,tfl
I ><
lb]
Totall'Utln EDlh
'"'·
-ot
~- T01111-or ,., ;.o2•
'.9,7_1
-ol'Total N:na!Spllt--
4:': !!!!!EJIJl!!lllDu·-•.a• ,, 2111!!1
lmllm
~or
Cott.Alltatad f:!§!!lilX Cost •o.r;n. \ 202.l!OS
59.<ll'II, __ --~: 1
'"' (di
Unlts~1001' P!'oc,,,Mdhnllco
ToNww~ !llndan!W 111!9,b] 1!i!!!!m£! Zl.]6 tdl'-4
- F.....,._Sllll
,..._._olT- a.-,-endfllllllncl mus o.l,oloa,, ••
'l().2fl1' r(j I
ll"1' ""' K.11•
lnl ActmP«fDU
lle'ICl't<IE-np
- l\l10C8md 100!1 To -~
1n AcNlhvond Exl>t111!1
t>\
s.m
' l!ll ll@
.. ~
T--,
NI0.91
--__ ojl, ___ _ ___ ___ 1_14
lei ,~ --mu ~~
9-1<1~ Elllllh!SeNtceibllWO
l!ifl!l' JOOI) ~1! l~,IM
'-ltrUnlls ,,_lllOllTo TOIIII rldllly llnltl
"-l:!!!!!!!""'••* Allocnd
Nil\ 20.75
21.18 111.74
,~1 TotalNowfacllit,,......,
(ol
T0181PI..-
-FIICIIIIYIJnlts 1,1!.h ~ •,nm
144
dta
E.1 lhtimt-$icck
f,11
Elllltlna
F_,,.91odtow
1.000 EDl!'l !!_R
(b]
TOlllfUMW EDl/'s
.,,
(1:.2 Fecltttv Unlll 0..Cnd Wil!np 5..,,,..-.d'Sllllt _ N..,IIICl bliilnji PUfac111W U °""''°"- ui•V"ll NowDiMl0on,en1
l'
E.3 COSt Al-kweln Eldlllnp oner - DoveloprnalL
ExlsUnq
New Dev!!llo ,rnflnl
otol
fochk-, T~po
Po1lce FACIIII.Je,
Off!MtthrJ Jt, ,-..,..
TOlel
l.md U..TSfnqfe Famitv
Multll'amHv
Aqa Restricted
Rotall
Office
lnstwdonol
lndu!>td11!
Total Allocated to Now Dflvelopmanl
·n.- 1;,c,,. F1,.1ndln,1 ~ .. ,onslblllllJ
TOIIII •= -4 Polk:a Fm:ltl:las
NOIII:
.
Numt,.,-of .,,..
l~l 5,82Z
Total-of ....._,_
10130
HB.lO
,.n•~
APPENDIX A-2
CITY OF LOS BANOS
POLICE DEVELOPMENT IMPACT FEE CALCULATION
lcl U""" AIIOeeltd 100II To-Dlollloom,nt
lel' lbl 105.lf:f
,_..,-~
,._aeofTOIII mu.
lOM
29.) %
.!'!.'!'!~ 'I0.5~
69.11111 l,.Ohf\-
CiiitAlioca..a JIO~New P-•n•nt S13,23 ,118R
m.i4Jei
HJUIPol'tJnl<I •~Nen--SI
1.00 0.90
o.s,
0.57 .,
0.21 0.1,
Id(
Pro-«ls.vlct Slamlln!OW
LOOOlO\/'.l
.. . ___ Fdk'I IJnftl !;ollt _.,,.
IOI -·
..£."" !Ht
~ ... e....
S00,91
s~.,1e
t1SO J3!
Towl FuluroEOO•
5.fil..t'
51622
r-.,...u,n11 1~Nan--S.f.
S2.3509
$1,883.15
Sl.271.35
S1.311, 2
$1,006.0)
$503.03
1335.36
111 Assumes on,ettinA R&venucs wl11 be opplled lO Jl"lY dobl servlco on the: propoMKi Prlm,,ry Ststion. Includes Measure P. l•J
U"""pa-EDU
llr,onclEKlstln!I
igl"°'I
..H:.-1~
-llntta Alloca111d1005To
~
NIA
IO!i.82
CmtEDU S2,35.,,19
,~.19
- Qf l,WIIII/'
, 000-.-. $.T,
4,153
136
◄◄
23B
910
120
2 132
m UnlttlllYoncl Emt11111SllvlclStandlr,:t _htMl10IID
!!.18
Total Plldilty Units ...........
Cos Antnooc! 1W DIF
S9.781.506
S1 ,396.l01
$56,071
S319.J36
S915,831
S60,252
111 091
$13.234,680 .,,u51 ng
101.JO
li!PI
lgJ TOIIIPtoP091d
Nff~IIYUnltt !£Ll<l /'\IJt,g_
145
dta • APPENDIX A-3
CITY OF LOS BANOS
PARK DEVELOPMENT IMPACT FEE CALCULATION
ra:mt.1
Communitv Parxs
Net~hborhood Parl<.S
Pocket Park.!
-..
LandllseTvt,e
S\f"IAleFamUy
Multl-famil-y
A, eAestrlcll"ld
Total
Facillty T~-,11e
Community Perks
NelghborhOod Par~
Pocket Parks
Land use T ~ • e
Sln~I• Family
Multi-family
Af11eRe5trieled
T0tal
Facllitt T 11 "' Pl
Community Park.S
Nei!lhllOThood Pa-ks
.Pockat_Perk.s
.. Facllltv T , ne 141
Community Parks
NeiQhborhood Parks
Pocket Parks
Tob!I
-··
fnc.llit', nt•e
R8C:reational Pool Focili
Skate Park
ITOlal
Halm:
Fiiciilt-r_urifi.
Acros
Acres
Aue!i
U LJ:r'U l~'t
88.71 90.94
1Ll!i
·- . .. ,.
Number or Resident!.
34.251
4,922
454
39627
Fac:illtJ Unlt5
Acres
Arre,
Acres
Number or Residents
14.5B4
2,068
84 16735
Facillt)t \11'1_15
Acres
Acres
Acre<
- .. Facillt'f Ul'\it!I
Acres
Acres
Acres
• 1., . .. ' •
Facltlc,, Units
lnc99remo Fac!lltv
lnl~rsted Fnc\llty
Num~r of Units 11 1
9,758
1.753
239
11750
Ouantltv
88.71 90.94
11,38
Number or Units 111 4,155
736
H 41lb5
Acres Beini, Ac:t1ulrad
3"/.46
38.40 4.81
Current OevP.!Or ment
0 1
Residents l'Bf' Unit 121
3.51 2.B1
1.90 NA
Fscillty Units:
r_,t!lr 1.000 Re,fdent.s
2.24 2.29
o.~9
Reslde:nt!i t"8r Unit lZ1
3.51 2.81
1.90 NA
FllClflty Units
1-or 1,QOO Rosidet>IS
224
2.29 029
l.Jllnd Ac•1ulslllon IW Acre I&}
so
so
so
Future DevelOl.,mcnt
1 2
EDUs - Unit
1.00 0.80
O.S4
NA
EDUs .or Unit
1.00 0.80
0.54 NA
1--,r .~, 1~ un,,,
Funde!f~ ~11Qk)11ment
37.46 38.40
01 Acf95 Boin, 1 Devolor ed
3H6
38.40 4.81
Bulldoul Po ,uietion
bti,362
56,362
[1J Populiltion e&ttmates b.DM:d on Caliromia Oep\. or Finance. Dcmc»9raphic Resenrch Unll. Report E-S Mav 1. 2011. [2] Residents per Urut lla,QC on America,, Community Survey iACS) 201 S: csata comes from the U.S. Census BurMu, [3] Est!mst85 based an current Parks Inventory m ldentt!P.d within Uie Las Oano$Gencror Plan.
F11tn1
Numbar or EOUs
9,758
1,402
129
11290
Total
Number or EDUs
4.155
589
24 ~ 768
Park Oevo""'""'nt ,.,. Acre 161
$40tl.265
$369.332
$21105
'-&Cilily Units
uer 1,000 Rmtdents
O.tu
0.04 ['] Estimates based on cost 21ssumotions for park improvament costs in other area,of CM Centrftl Vnltey as iCientfied t:iv GOOdwin Consulli~ Group Fee Study. [5] In li!'.lnl of thf, Cltv's Quimby Fee. Lend Acqulsltlon Co!ll~ hl'IVA been excluded Item this analysis. [8] Park developmem cmt:ii have been 6SCH1eled accordinq to the Constn.Jctlon Cost Index (CCI) ror Fiscel Years 2006-2017, (7] Plannl~ and OcslQn Co5ts heve been estimated to be approxlmata1v 6~ or development costs, as seen In other Cnliromia communtUes. (8) Administn1tion costs have been estimated at Ii% to appropnately reflect City Storrs tlmf!, Tot.I Fac/Htv Cost
Plannlno and Deslon leer Acta) m Admin~m1tlon tSll\ 181 ror New Oevelo -1ment Cost ner EOU $23,8-41 .33 S20,313 SlS,874,137 Sl,539,20
$23,118.87 S18,467 $15,781.239 SJ,309.97
Sl 321.0B $1 ,055 S112847 $23,67
1327Ml23 'KAll7711.a
Fac:1111,es FundeO Total Fac111lles
b~ New Develonme:nt Fb:llih- Cost ror New Oevelo •ment Cost ner EDU
29.69% S12,000,000 $3,563,07.0.30 $747.31
59.38% $1,500,000 SBll0,755.08 $186.83 -, ·,: ] •' i •, I S13500000 .,.,vu 7 5155.00
IPlriis LOS and Faci@iffiirog1 #7,027.84)
146
dta
f acotcy Tp
Surface Wal.t!:f Treatmcn1 P111nl (Incl. Chromium GT,
Grounctw111er Susteineblllty & Rethargc Project
Valvo Replacement
Watffl"Link'l
Well16
WaretMetors
WP.I! Rllh!!ibllltatlon
Equipment
Storage Tnn~ 1md Boost• Pump,
Croundwator Wr.lls
Wall Manll'old S·
1,tom
Y!,e~ltN
Lend U,a TWNr
Slng!o Foml\y
Multlf11nilly
Age Re:strlr.tod
Retail
Office,
lnstltutlonnl
~~~ ..
!~---- - ---
Focl1 .. TSurface WaU:r Tt8tltmerrt. Ph,nt (tnd.f'.hromtum 6 T, GroondWl!tar SUstalnabHlty. Rechefl/0 Prqjett
VtllVM Roplacarnait
WatMUnc5
WoU16
WatarM&tt!U5
Wen R.chabllltatlon
Equipment
PlpellnOS
Stori,,;le Timk!I nrnl Booster Pumps
Groundwater- WnlL"'l
Well Manlrold S·,r1tem
·- ·--
LandlblTSlnglc far.illy
Multlft~ly
AO(? Rc--..trlctod
Rctlllll
Office
lmUlulionnl
lnd11Strll\l
I
Facn~, T- Svrface W!ter Tutfltmc-nt Pl11nt (Incl. Chromium 6 T· Grounctwater Susti,lnebPity &, Rcchllrgc Project
Valve Roplnc,unont
Wl'IIP.l"llnes
W&II HI
WauirM«ers
Well Rehabllltelion
EqUlpmanL
Stomge T1;1nks.and Bnostt!rPumps
Groundw1ner W~lts
Wot! Mlllnltold S~tam
OP.Mtttpt !'4'.r!!!IJ!I
0-.ltw
l•l Numbrd'Untts , __ 1nM !F
9,758
1,753
2.18 555
2.1Z3
270
4,973
,._ _ _
lol Numbarr:trUnlu
11-Non-.,__ Sf
4.155
736
Z38 "
910
120
i.m
- ·
APPENDIX A-4
CITY OF LOS BANOS
WATER DEVELOPMENT IMPACT FEE CALCULATION
lr,togreted Facmty
lntegmttd rac111ty
1ntagr1.1Wd faclllty
lntagnited Faclllty
lnregratcd Feclllty lntogr11ted Faclllty
l~1egr1ned Ff\cillty,
lnlr.gt.!lt.dt.'tlllty
lnmgr.!lmd r achlty
lntegre.tnd Faclllty
b._~1rete.d FaeJIH.•
lbl --d por Unit 11 •"""..,_;_._ Sf
3.S1
2.81 ,.oo
2.00 1,50
0.16 o.so
f-•- "•'"-
fntegr&ted FACill~
lntnoratQd Faclllty
lnt(!(Jla~ Faclllty
lntegre.tGd Facltlty
lntog,ated Facility
ln~nitcd f'l!ICI IUy
lntoaralfld fe.ci~ty
tnlGgi'awi fttcl:ity
ffl~1tndfaclllty
lnrnor.etad Fl!lclllty
lntogr11ted faclllty
Int• ,.r.dfac:lllt·
lb! -..porUnlt/Empoyoes
- , - Non-Ra. Sf
!.~,
2.e,
1,90
2.00 ,.so
0.75 0~
Fadlj<_y.\l_nllS_
lritegmt4!d FaeUtty
lntegrattxt Fac ility
lntogr.o.tcd FoclUty
lnteg111ted F;1cU1ty
Integrated Faclllt)'
lntitgr1uod Facility
lnt~ratcd Faclllty
Integrated Facility
lntogretl!d Feclllty
tntcgrcted Facility
Integrated Facll1ty
it! WUsporUnlt IP..-1,_N...;_,,_ s,-
1,00
a.no
0.54 O.51
0,43
O.Zl
0.14 Qua,lky
--,-......
(CJ
EDUspa-Ufllt
1- •-000--Sf
1.00 0,00
O~
O.S7
0,43
0.21 0 14
fodlh e- $1~.193,911
$230,000
$250,000
$3.212.000
J.1.620,000
'399,5213
$1,560.000
S.479,000
$2~ 60.000
S11.l40.000
Sl0.815,000
,m ... -•
Id! Total
Numbrd'U)U, fat.,c
9,760
1.402.
1Z9
3\G
907
00 7Qft
,·.-
l•I
T- Nu.-o1ro11s h1l' lc
•. ,ss
$89
2,
136
389
26 "" -~,
Qlio....,
- 1.GOOEDUs 0,18
o.,s
0.18 0.18
0.19 0.18
0.\9
0,18
0.18 1>18
0.18 T-EIUll'll'ldWl<hln
-of 111
23 22◄
3,]38
308
359
2.001
95 ""' .ao.m
l8189
54'126
T""'I EIUrnad within t--.Dflnflu-lV\t\111
ll M
1.935
179
'3
1.18-t
36 730 nAT,
147
dta
APPENDIX A-4
CITY OF LOS BANOS
WATER DEVELOPMENT IMPACT FEE CALCULATION
A.I ~---f-'1ent(lnel, Chromium! f...-i)
lo! Eldotlng
1--Facllllty pr
!.!!!!?!I!!" 0~
lbl r_,wn EDll'I
ir·n-n
lo! ,...,_ FICllft;yAl-10DII
TO-Powlopms,t. t• ~•Tt>J
IO]
Propt-i-
-pr
11W1il'l'llll'tra.
l)_I_!
A.ZlllbVadfacllllylloyond!ldlllng--Sf>lltO--WldE:mlng.pluoF8Cllll1/llnltsal-1DOIIIO-Donlopmonl:
t ... J~
c.,t,1"'9, New °'1lil'nll)t ~
1)::i,•i
A.3 Colt AllocallldBIKWNII &btlng and N-llovlloponont
,..,.
t)ciii.lng
~Omrt:i!Uf1m1•11.
jT1,ea1
II. 1 Groundwltw Suolalmbllll;y l Alch111'91' Prqfoct
l•l E.iotlng
l"'"VIIUdfar;l!_I\YPtr
_,,, .....
13.Z87
J.MJ'
1Nl.,_ot
lbl
(CltllF-unn
EDU'I
--clT-ffllf•
-4J.[)5'J:,
)i!l._m;'!',_
-cl
~All...- 0 1~•
IUS!I.
1_..i FaC111ty !lpllt
-NIWand
•}4•
01,
1m
B.Z 1.--FaCIUl;y Beyond Exbtlng-Salndard !pllt-NMllffll Elcbdng. phn F~ Unball<J<IMd 100!lto ....,-De,olopmont _.,
.....,_hollly!jlll.
--c1r ... 1
13.282
EllU) 10.26'Jt
il!lll ---~ ---1•.
,w
B.3C-Alloc:ad_&btlng __ ~
T~ -of --cl
f!!i!!!D:lil!! •!!!SD!!•halltw _...,._ '!!!!!!11:C.
~~l!!a!'""'
Q,10 r<>m J1ti,IJl9
11-,0 211174'1, IOli,(<>1
Tot111 ;:;;t110!11_
0..1 Vein ROpl""""'"'1t
l•I lhJ IC! Id! Emtlng Tu<ofFuun .,__ F,.nl~All-100ll "'---
1...-FKllltyp..- EDtl'• To-~ -l'llpor
l-fil!ll• j1tl~lhf ,_EOIJ!s_
-2..{r'~ •i tJ
lo! ,,,__tacffllypr EDtl
lloyo,ldEmllffll
&
tq.i.
·--•l<llllJ All-tOOIITo
~,~
0.00 l•l l~F~pwr:DU
lloyao,d-ng
l
lntafp'adl'acllllJ
-"-100!1To ~-,~
[aI
lntogad Fecllky po, EDU
lloyo<,cfl'mtlng
dt·III
:-1fj
lc.2 lntegr- fadlf\Ylloyond r.bllng Sorvk:eSla.-0 Spltt-.i --~ """_. , __ •Clll\)'U11tls1noc.t.d1Cioiiu,Nnt~ --.- - - - •--F~!!Pl!t Numborol --ofTCDII --and ~ -
,;.1~ 13.282 - ~J'l._l;
[IJ
~f ... ll;ylloyorl<lf)clUlg
--tt>l'loi /JOOO
"
T-l~FIICIIIIY ~-
la
(11 , __ ,eellftyfloycrMIExtollng
-,.. \o-
~L!-'-
TC>tll~F ... 111'
ei-0.10
IQ
l~P"""1118')-ondWit-"'9 -IOI.. • o' -I 1S!;!!
~-
r ... 1,.__fec,ll'lf
11-'IP
_!l-.,
1!11 Tcall'ropo,od
-~FICII~ l c,~111
00 lgl TOIII~
-lntagrawdF ... 111' ,.:-,
ls.
T°'"I""""""'
-
11·111 -~
148
dta
APPENDIX A-4
CITY OF LOS BANOS
WATER DEVELOPMENT IMPACT FEE CALCULATION
D.1 -U... - -
!al b1st1no
1._-Fodl~ per ,~mu.
!1~1-
!bl ,. .. ,_
!0U'1
't.'Jt,O
[ti
,,___ll!;Y.\-10011 To _ _....,_
~•(hi
; t[b
1<11 1'1..,--
-pll'
1 tW'lll'lllllblh
!!.1~
D.2~Fodllllf~£-.-Sto-.!Spllt_, _ __,Oollllr,g.puF.odlll;yUnlea-10Clll,o-~ -.-FtdlllySj>lft
l[- !!llTD!!! "'"""""' ........,..,,T ...
__ ..,
~· ~ 1111-D• I ·•• [1;'111 in_11 1:<.lll~ I0.76~ 0.10
N,._,,,~~• 5-rrct ~O..U! 2-,!l (li11\ , """ 1.w_
D.1~-........ ~--~
T_, Nillnblr.,, ""-"' l"°RC!l!5!F1
.,,,.,,,, 11J1.l
c.,_,.
Le) lbl 1<1 Id)
,....,_,~,., ~ Taaln-o E0U'I, ~~-,- To-~ ~-
liOmdlrllpor
1;000. ( ~ l! l'jbl l&l!!U!!!.!:'! .,,, ill"'~ - '--l.m_1 - -------1L_ u....-Foclllly~Eldlllnfl5INl .. ,._!plt_,How_bliiino,plUIF~U--100!l.,_DMlepl.w ,_.t>rtT-
(rlAlng
;ot:a
UCool:Allocat:od......,, lxlldnG-ond No,wllonlopm-
,.,,,,. ........ 1•1 l!ldldng
~, ...... po,
1.000 JOO•
_.,, mtn,
13.28?
,_ .. H_l
.ID!ll
b·J
~-F~
EDU'•
--afT- ml11
?C.2e!l
~
_.,,
l<1 r._- F~AI-IOOII To _ _....,_
• 1' lh
....-, .. 111ySp11t
~-- --0.70
!>~.
Y!:L
IOI
...,,.__ -por
~
,.oaomu.
,.2111111graOM1-F«lriYe.yiii"o~--'l!>llt..,._,Nowond& ..... plUlf-,111Jllnfts-100ll1D-~ ::..~
~· II~
-
F.!OostAl_a.iiwoi,, _,_ Ind N.,,. o...ioi,n.,1
-at
EllU's
13.IB~
,.l}_l]
111,.2)J
.......... atTooal .,__Fdl\Y,. ._._ond
t•I '--FIClllllf porEDU
lloyond-. ldl-1•1
lli4
....-~
.--,oasTo
im-•11•:t w,
Pl'I
,., .,__,~porEDU
8-"'lilddlll
1111-lal
•
~F..illll'
--To
~IA
f_l.OQ
,,, ......,_ ,adlllypor fDll
lloyor,dC-.,, 1rl l!tJ __ .!}
, __ ,oc11111
--To
~
VI
lfflllrmd~Boyo,alE)dot)ng
--,~ ~e JlDOO
1.00 TOllll--r.tl"-l,
!!~ 0.70 -·
n,~
i .lll)
111 ......,_FIClll;t11¥1111-.
--1a1'.l11!10CO
_"1_
TGIII ....-fedlll1
-
:~
0.10 a;~
,m
..__ .... ll;J.,.,....,t.-iu
--
Jo •;,e /1000
• ,1_ • • • - ---
TOIOI~.'°"~
O.IO
O.'.lO
-1
(g)
Total~ _,,.._,ocffly Id.In
ill'!_
(g)
Tcall'l'opmM
Now.__Foolllllf
f~~•l _)~J
l!ll TOIOI,.,.- _ .,.._ F..nt,y
t j ,ll1i
00 149
dta
APPENDIX A-4
CITY OF LOS BANOS
WATER DEVELOPMENT IMPACT FEE CALCULATION
GJW.11-
1•1
~•a 1--Pldll!Jpw
1,COOm!J'~ ,!J'.lj'_J
lbl TOlalP"""" EDU'I
t.1•
lc:I
l~PldllllAI_,_
TD N_,~
l~J'll!l
tlfll' l
~-(d]
~~ l'I~
G.n--FlldtllYBl)'ondE>lbllng-9111nderdSpllt ___ liilli,rj;pii,F""°"1Uiilio11-11Xl51o-..... ~ IJ-_U\Y!'IPI
l'>!'-""'ll
~•NPs¥:e!er:rofflt· -~
GlCGllA--~----
f"!!l_lwnCld,ting
Ntiw lW«lbi~
"ot!t
H,1E~
l•l &11111,g ,,..._ FICIIIIY par ·~ t.fJ
_.,
!Ill/'!
1!,18?
h.O- f?
18!92
f--ol
'lflliWllfM,__.,
,,_,.,
IX:tO
lb! TOlalFutlJl"tl
EllU"I
~ftll:IH\Yr,llt -dTii&! - --- PMlw4 I< 1<UD1l n;ri ,.,, ... O"' lll!L!I!!) ·~-
~"' co.--. ..... _ '!!!!ll~ "''°" 11,II08.0l>.I
Xl.74!: !4'&9lr
•'!w9l l1a2m:illl
tel l•J rn.ur- Facllllr1111-10C11 ,.,,,.,__ .. To-~ !IIMdlnlpor t1l'IR1 1.!!!!U!!!!l!
""' n.l'-
H.21-NdfllCIDla'-hyonclExlotlng--.iSj,lll.._,_.,..-litiliii,,._F~U--1Mlt>_.,_.,.._ lt..,.u-.~
l>l'llliiii l~ f""" ...... "'
H.3 C..Alt--ixlOl!ng-Ntw~
1-.J __
t.l,1"11 1.1...uri.....o1m,,,..,.
~
J.1 stoiiu•-i linlc5 and boo,ra-"""""
l•I b lldrlg
J,_....ifldll\)'-
~
_., ......
,,.,., J.Bl.
]111111
, ___ .,, t--MFacllltw
0:19 PJ!!.
IO\ Tot• ~\11\P
EDU'J
.....,_.,T_ mu ..
nf:u>ll
JJIJt••
~°'!~•Of ?fflY,
!B io•
-~
1<1 ,,_._rootll\)'-IOOII
To-0-loprnslt
~ _!1114
....--~llplft _N.,._
o,o
0 "'
7;
._._,,,,. l,l:tli,S<D
1'1'1:,4111
_H_!ll
!cf;
---por
...l.!12!2.Il1l _JJl_
J.2 I-Faelt,y~bt.""""SoM:a-dSpllt ___ b-.g.p11,ofac:lllt,yUnftS•-1IIQ'lltt,-~- ,.~."~ h iwr,,g NIIW DftvHh~..,, .. ,
J.3Co,t--~--IIMIOf)ITww.
,~--
E,-
.Ji!ow~~rm~
...,_Of -~ 13.2R?
5.62;,
t __ .,
! ~ F1
l~Fodllt/lS!t!M
....... 1111"°'!:!:!. --on<!
n~r. ···-- lO,l-4"° :~
_lll!U..,. 'Ill
lo! .,.._, ... "1Pl'!DU lloyOllll-ng
ldl lel
9_ii
~ftlclUII'
-100IITo
lilll!CW1dao1•• NIA
!!"1
l•l "--raclllty,-EDU
..,...,_,. ldl·l!I ff\lt
,,...._,ICl1"1
-IOOIITo
NIA
nm
,., 1-FIICllllypor£1)1J ..,.,.. (,tlllng
ie
tl.1_!
1,..._foeltky
-100IITo
A'::!
If)
lloyaod -ng --rd
lb1•1,-11000
i!iir_,,_foc:111\Y ~,,_o 0.10
o.~
1.00 10 lloyon<I~
--12.:-111112:!! r~
T-1--FIICIIIIJ
-o;ro
OlO
1.:.00
111
•--Fldlltyloyo,ld~
--l!r..l.!ill_~
Totall,..._Foeff"Y All---
r~J'J MH
·-
(g(
Nowt~flC11"1 '-""'~ •.m.
19l T-Pl'a!load _,.,.._,..,,ni,
lt:M!J
,_!J'J
,~,
T"'°'Pr,,,,_.i
-l~FIIClllty
..1£;!.l!;. ,.on
150
dta
APPENDIX A-4
CITY OF LOS BANOS
WATER DEVELOPMENT IMPACT FEE CALCULATION
1., ~-W'llit
M
fxlotln9 l~FIclH1;y...- 1)300roth
lbl r_,...,... EDll'S
-= 1~n_
lei ,,__ Foe!lltyAllocllllcl 100!'
To-o-Jopment. !aj•J!l_
.!!I![.I_
(d)
......-- SC.ndWdper
1.000 fDth
_ID>_
11.2inlognltedFordll\)'~ndEJCl,tlng-StandardSpill_,_ondEldlllng.pllaFeclllyUr111Utl-100lltD_D_pmlffl 1,_..._,.__
l,.dglf1111J
U.....~u,11n,llilnt
TorAI
K.3Cost--Eadltlng-New0-10pmetlt
1,_.~TW1a
F.,....,,
NDW [)(ii'w!!Qff'l'l(!fll:
"ratlll
L.1Wel1Menlfold~,-n
(ej
EX111109
lnllgr-flldll\Jpor
1)300 lll!l'li
u r,.
_.,
13.211? --
£:i_6,P
1N!lOII.
,_,_.,
j
O;/ll
il.;JO
lb)
TOIIIFuou-9 EDlh
-"
...__..,,~
111,d11
&14" too.11,..
.,._.,
.,,._ IQ.I~
lll,Hll
ii~u.,
l•I 1.....-Foclfll;yAl-!OO!I
To_.,_...,,_,. l•t~Lb_ ,~,
~r ... 11,y,,,..
-NNond
O.!"I OC31l
1.CIO
·~Cl!III.
n~/1ft~
HJ»:l~J
"'
ldl
""'-"- _,,..
,.ummu. _llJJ_
UI--Focllftyllly<llldl!xlatlng--dSS,U,_, __ !JdoUng.plUIF ... l\)'unit ll-1liO!ltD-°""""""""' CostAl--&btlna endNIW
!!!!!!OC
F~lltYl'-
Water fectlltlll!!
surraca Water Treatment rl11nt 111
•>' ·•·
l.aft<IU..T.,_
SinQkl rar,,nv Multlf11m1lv
AQe Rc!!lric:ted
Retail
OlflCQ
Institutional
lndustrfF.11
Total Anocatad to New DevctuPment ........ i .... Fundl I fll-----1t,lllt ,,,
-
I-
!
_., EDU'a
13.282
6.622
' ""'' Nunlbrof
Pw-,tagoorTotal
Ill.,!<'
~.,
Cost- ~New~nt·
$15,870.358.79
S80.671.223.03 ~ r ,•; .
l~U
WQI--
1,000 ........... «
1.00 0.80
0,54
0.57 0-'J
0.21 o.u.
lrDl,"Oladf.-y9pltt
--ond
T- f, .. -S!hlflrll
5,622
17.!m
s.~z
.-.efHUISftes parun,u
,nnnNot,--•r
S1,JB4,06
Sl.107.25
S749.21
$788.64
S591A8
1295.J<
t.197.16
lei 1-.-foclll\ypa-EDU
~~ LdH•J _l);J![
,,__,.,111111
,._1QOKTo
--NIA
D.llll
[t]
~Flcl!Jypo,l!DU
..,,__..,. Jg,clll
!!!
~Facll\)'
Allocad100l'To
Coft por
S2,8.!:3.03 ~
$4,932.91
'l:til ii'iiu7
~, .. _ umt/
- S.F. S4.'ii32,Q1
53,946.33
$2,1570,2.&
$2.810,77
S2.108.08
$1,054.(},t
1102.69
m The St.ir1acc Water Treatment Plant Is -cxpeetcd to '41rvlce the entlro SOl: total future: u~r1111ssumpt:lon hns beon edju~OO to ro-ncc:t dl?V8ioDmant C!tlmatcs contnlrted within the W11ter Master Pion.
IQ
~~..,,_l'ldollng
--1011
•
1 '
1000
_J_til
Talal 'nt ra ~
Cr.Jll
11.,0
,~
~
IQ
'""""1 Beyond Exblln9
--[nr'lo' 11000
!.00.
T-~_Foctn,;y,
'a.ro
0~,
ri..,_otl!mw
1.llOONcn•lllo. 5.f. .. ,,s6
736
..
238
910
120
2132
[g)
Total~
Nowl~FICIIM;y
j_g~J! . ...,
[gJ
Tomi"""'°""' -1--FIClll)f !c.t+ t
~ N.-01' Unial
1000 ttar,.-S.F.
13, 66
2,419
330
15 2.171
163
!l'ZZ
co,rnnan_.,. DIF
S'12,177,444
Sl0.361.980
591].662
S398, 30
S8,3JA,ol03
S20J,6B4
l4,Q1g,47g
S94,-t58.084
'lln"' .,.~.,. • .,,.
11J!U..NJ
151
dta/
.. . ..
LanllUseT•-
Single Family
Mulliranll)y
Age Restricted
-· Orrice
IO!:tltutlont.11
Industrial
!Total
Facll1<y T
Wastewater For.llltv Re l)lacemant
... -~--
Land Use T"""
Single Femily
Mulrlr11mily
Age Restricted
Retail
omoo
1nstitutlonal
Industrial
Tallll
... . .. .
FaclhtY TWnste'M!ter Facillty Replacement
Olf-5,,tt_i.,,, _,,.,
Totol COst or 'oalltlee
APPENDIX A-5
CITY OF LOS BANOS
SEWER DEVELOPMENT IMPACT FEE CALCULATION
Q110111l\·
---,
l•I Number cf Units I Nan-RBs, 1 000 Sf
9,759
1,753
239
555
2.123
270
4 973
1.00 l•I ~ofUnNs
/Non-Res.1 000 51'
4.155
73&
44 238
910
120
2.132
n. .. ntt,.
,
Jbl
-perUnhfl'llrsono- - 1000Nan-llls.SF
3.51 2.B1
1.90 2.00
1.50 0,75
0.50 at:11!1,y _!!_ol_!:s_
lntt-,'lfeted facW!
[b)
Residents per Unit/ l'mona s.rwd oa 1 000 Non-RN. SF
J,51
2.111
1.90 2,00
1,50
0.75 0.50
F1cllit,, Unltl
lntegratffd F'ecillLy
[cl
EDUs per lJnlt
/ 1 000 Hen-Rt>. Sf
1.00 0.BO
0.54 0.57
0,43
0,21
0.14 Quant!~
1.000EDU!
0.08 (c)
EDUs per Unit
/ 1 000 Non-Rao. Sf
1.00 0,80
0.54 0.57
00 0.21
0.1 ◄
Fatllltv Cmt
s,s.so•,300
1411.1311.413
[d)
Tot!II
Nu.-orrous 1ar•1c1
9,758
i,402
129
31&
907
80 708
nze>
[d)
TDIIII
NumberofEDl/s
taI•Ic1
4.155
589
24 136
3119
26 30◄
5 822
o-,my
.-1000EDU1
0.18 152
dta /
A.lW-...FecllltyillpllC8mlnt
l•l
Eiolllllng ln""IJN1911 Feclllly
l,OOOED\11 0,08
APPENDIX A-5
CITY OF LOS BANOS
SEWER DEVELOPMENT IMPACT FEE CALCULATION
(bl
TotalF..,..
EDU'a
.,~,,
[r.)
~Faclllly-100!'
To New o.vtlcpment
J>J'J!!J O, I
!di ~s.vi..
SWldmlpor
1,000IQU'I
j} l ..
A2.lnu,grat8dFIClll\ylllyCflCIE-n~SetvlceStandlrd'Splt--enclE:xlltlng.pllaFICIHI.YUnb-t0OIU11Ntwo..el.- _.,,
.,...,_,_19Splt
l'WmntagaofTotal -n-11111 Foc:IRo,, T- mu-. ...... E,11,d ...
Existing 13.ll!' 70 1~% O U
r-Jaw Oev&to11mant ~622 :11174'1' n u
Toto! 1&803 ,ou~ l\!>11
A.3 COot ~ 8-1 [xl«lng and,_ Devotopment
TOCIIINu-ol ,.__..,, Facm,....__ .___._.F1dtitv Cost Allocalild FaclnN."- fxlMing n.~, 40.52',r, $22. RY,651
New DevekM1mAnt 0.69 69.48% $33,0,1,0:19
Tomi l,(X) IOllOll'I, ·i~~ ~ • lOO
. ,. Cos\,.,_ T-i
FactlltY T- ID- l'Uluroanr,
Wastewater Faclllty RAplacement S33.011 .649 5,622
S1'22
"""' s21:>4e =~
. . .. , • , •. ·1 ..... . , ..... EDUs per UM/ --UM/
LandU,eT- 1 000 Non-la. s.•. 1 """ Non-Ros. S.F. Sln~le- Family 1.00 $4,841.02 MulUfamilV 0.60 $3,817.62
AAe Restricted 0.54 $2,623.H
Retell 0.57 $2,761.84
Office 0.43 $2,071.38
Institutional 0.21 $1,035.69
lndustrta1 0.14 ◄ a
Total Allocnted to New Development
Outside Fvnctlnr: Rr.c.iOl'ISlb!lll"
T«oleost ~ Watll'Fldlltlas
~
l•I [~
FICIMl;Y per EDU 1,..-FIClllly ~d Exlsllng
Beyond £Jd5tlng Sllvk:e Standard
ldH•L _ ____..l_nl.'1!'11 1000
_!)_ II> O,ll
,,.,.-,ac1111,y
Al-looi.To Tatal lrugmad F1cll'9 ,._- .-.- NIA 0.41
0.42 O.S9
,.oo
cmtpor
EDU
S5.87Z.l3 ·r •.
14,847.02
'1Umberff/llnlal/ Cost Fl nonc d by
1 nnn Non-Ros. S.F. DIF
4,155 •2 .139,042
736 $2,855,065
4 $115,445
238 $857,477
910 $1,885,595
120 $124.052
2132 $1 472087
S2l,248,l62
S22,189 861
14117-•U
[g]
Total Proposocl
Ntw I~ Fadllty
JCJ•cO
__L'lQ_
153
dta
lar.:emAn!_
LandUseTSing1A Family
Multlfnmlly
Age Restricted
Retail
Offtee
ln~tltutionlll
Industrial
T<OI
faclll\Y T•
Storm Dr.FtiMga f11cillties ko_e_lacement
Storm Drain
LandU...TSlngle Family
MultWamlly
Age Restrlctf!d
Reu!ll
omcl:!
Institutional ,.,,._,.,,
". '
faclllr, TStorm Drain Fecllltles
Off!Ot\lM-•
Tollll Cost of Storm Drain F-~ ..
APPENDIX A-6
CITY OF LOS BANOS
STORM DRAINAGE DEVELOPMENT IMPACT FEE CALCULATION
""'n· - -,
[.>)
Number cf \lnlts I Ncn-Rm.1 nnn SF
9,758
1,753
239
555
2.123
279
4973
11.-
1,00
NA
!•I Numberof1Jnl15
/Non-Riis, 1.000SF
U55
736
◄◄
238
910
120
21 32
Quontlr,
1 Int
lbl
Persons - per Unit / 1,000 Non-Res. SF
3.51 Z.81
1.90 2.00
1,50
0.7!i
0,50
Eacllln, Units
_\nt09r~
NA
lbl
l'lmlansSOMldporUnlt / 1,000 Non-An. S,
3.51 ?..81
1.90 2.00
1,50
0.76 0.50
Fecllltv 1Jnl15
lntegrAled Foclllty
(cl
EDUaperUnlt I Per 1 nm Non-Res. SF
1,00
0.80 0.54
0.57 QA~
0.21 0.14
Qu8ntll,y
{DU,
0.08 N_/1_
[cl
EDUs per Unit
I """1 nnn Non•Rm. SF
1.CX>
0.80 0,54
0.57 0.43
0.21 0,14
FtlciNN Cost
S2B,04B,000
127 11'14 •••
(dJ
Tollll
Number of EDUs
la l'!cl
9,7/;8
1.402
120
316
907
60 708
13• ..
Id]
Total
Numb« or EDUs
ia •1c• 4,155
589
24 136
389
26 104
!l822
- ,~ 0.18
154
dta
A. t Slorm Drainage Factlltles Replacemtnt
l•l
Existing
ln~Fac11111f 1,000 £0'h
nM
APPENDIX A-6
CITY OF LOS BANOS
STORM DRAINAGE DEVELOPMENT IMPACT FEE CALCULATION
lbl Toml Future
mu-.
h__h.ll
!cl
lnbgnlllld Foclllty-1001'
To New Dwllopmlnt
l•J•fbl
_lM?
[d}
Pr.,_iSomce
Slllndmlper
t.OOOEDU.'.! ± 11.!
l•l
~Fac:11111fperEDIJ
~~
0.10 A.ZkUgreladFadl~Bey,,ndEldlllngs.n.:.SlanclardSplltBw,New-Eiiltt1ng,plusFcatiflJnllll-100!ilONIWCW.p,-,i ~hdlltySpllt lrugm.d Fac:lllly
Numborof PlrcenlageofTOIIII -N-•nd .-.-...1001'To
~ •11,,. .. - EDlh EDli't E~isting 13.281 70.28'5 ·---·- IJ,41 - NIA N~ Develotitnllrtl ~.672 ;>11J4,r. 0 17 0.42
Total lR,903 100.00'II a~•
A.3 Cm 11.noc:lllad .._,, EIIIMlng and N-o...topment
Talal NU1Tarof ~of fllcilttvT- ___,FIICIU.. CmtAII- Fldlm. Cclt F"1tistlng 0.41 40.52,r. ~11.3&4.S04
New Develottment 0,!,ll 59. a,r. S18 GIii 4116
ou,I l,lll:I 1muc,._ 12Bf"" ~
Cco!.Afloclted Total c,,..,... Foclll.- T- toNowDwol...- FUMl!IEDIJ's EDU Storm Drain FocllltJes 516,681,4116 ~.622 SZ,967,31
,, !-." :!•· 5.622
Tatai J1ll&a- >95111~
. .. . ... [PUs per UM/ -per Unltf liumDorOf Unlllf
len<IUseT- 1 000 Non•Res. S.F. 1.000 llon-Res. S.F. 1 000 Non-Res. 5.F.
Single Fomlly 1.00 s~.~~11.13 4.155
Mu1t1r~mlly 0.80 $2.366.50 736
Age R"5trlcled 0.54 $1,601.27 44
Retail 0.57 $1,685.54 238
omce 0.43 $1.264.16 910
lnstltutlonal 0.?.1 S632.08 120
lnduS\rial 0.14 $421.39 ~ 132
Total Allocated to New Oevetor.,manL
Outside Fundintt Res 10nslblllt'i
Total Costof 5a>rm D111ln Facllltle,
(~
ln!Bg.-Fac~ lleyond blllllng
S.Vlce StandeN:I
lbl'fQ_ / 1000 0.58
Totel I~~
0.41 o.~11
1.m
Cost Armncad by
DIF
s, 2,290.816
S1 ,N2.440
$70,456
$401 ,257
Sl.150.775
$15,709
S898 412
S16,62M64
$11364504
s:19943118
{gl
Totlll'r_.i
NIW lntagl'lllllcl Faclllt;y cJ,lrf l(_I!_
155
dta
l [xr•,t,r,q FDIJ t:~ICU'!!I r)II
Land Use Tvoe
Single Family
Multifamily
Age Restricted
Retail
Office
Institutional
Industrial
Total
Land Use TXe!
Single Fam!ly
Multifamily
Age Restricted
Retail - Office
Institutional
Industrial
Total
Ill Propn~t>d tac:111tlr:3 CcY:tt
Faclllty
Transportation Facilities Cost
(lfff>nltill I I-IP,Ven, IP,
Total Facilities.Cost
APPENDIX A-7
CITY OF LOS BANOS
TRAFFIC DEVELOPMENT IMPACT FEE CALCULATION
Trip Generation Rats per
Total
Unit I Per Non-Res. 1.000 Number of Units/ Non- PMPHTs
S.F. Res.SF (per Unlt/1 ,000 SF)
1.00 9,758 9,758
0.69 1.753 1,214
0.54 239 129
4.98 555,240 2,767
1.00 2,123.183 2.119
1.21 279,366 337
0.85 4 972,718 4 214
20,538
Trip Generation Rate per
Total
Unit I Per Non-Res. 1,000 Number of Units I Non- PM PHTs S.F. Res.SF <eer Unlt/1,000 S
1.00 4.155 4,155
0.69 736 510
0.54 44 24
4.9B 238,058 1.186
1.00 910.310 908
1.21 119,778 145
0.85 2,132,041 1,807
8,735
Fadllty
Cost
$58.539,061
Sn 080.9"ll•
$52.458064
156
dta APPENDIX A-7
CITY OF LOS BANOS
TRAFFIC DEVELOPMENT IMPACT FEE CALCULATION
IV Allocot,()n ot fm:,1 lies to E~1~:,nq anct New DnvC'lr:,pn,C"nl (b.i•,cd nn rM Pl 1rs1 Ward Road Im rove.
Total Pen:ernage elf F11elllty
DIMllO ment Number of PM PHTs COltAllocateO Cost $8,095,566 EKlstlng Development 20,SaB 70.16% '$5,679,933
New Develo ment 8,135 29.84% •~2.415 633
Total Fecllltles Cost 29,273 100% 18 095566 - - .,._ ~
IV /\lloc,11,on ,,f r,ir;ilftlfJ', to Existr;iq ~,111 NC'W 0Pv0!0prnc111 (I,.1,,1,,f on r M l'I IT~l Place Road Im rove, Total Percentage of FIIClllty
Oevelo ~ Number of PM PHTs Cost Allocated Cost $512,709 Existing Development 20,538 /IJ.16% $359,722 1
New Ocvelo ment 8.735 29.84% $152 987 I
Total Facilities Cost 29,273 100% $512 709 -----
IV llllc,cntlon of ~3c,11tics to Lxi 0 ,:·,0 r1 .-,:;,1 t,ew D-,v01or,,ncn (o;i,NJ on P\'. ~'Hh) SR 165 Im . rove.
Total Percentage of Faclllty
Number of PM PHTs Cost Allocated ~ $13,097,0 52 _J 20,538 70 16% 59,189,027 New Develo ment 8,735 29.84% U.908.025
Total Facilities Cost 29n3- 100ll', 13097.052
IV. /\llo~;it •on of F;_i:,il1t1r.s to [x sl!nq ;Jnd N<'w [Jpvc,\opmP.n' {h.1 ,0 r! cm PM Plifl) Bad r Flat Road Im rove.
Total Percentage or Facility
Devel rnent Number or PM PH Ts Cost Allocated Cost $2,899,919 histing Development 20,538 701G% $ 2,0.'14.513
New Develo ment 8,735 29.84% 865,306
Total Facllltles Cost 29,273 100% l .2 899919 ~ ~-r ~
. --- -
IV Allocst,on o• r.icil1tlP·, to rx,~t,ng nm1 New Developm,>nt {b11',ed 011 PM PHTs) Ca I Avenue Im rove.
Tote! Percentegeof Feellity
Devalo mem Number of PM PHTs Cost Allocated Cost $2,429,922 Existing Development 20,538 70,1696 $1,704,858 I
New Develo ment 8,735 29,84% .725,064 I
Total Fecllltles Cost 29273 100% n,20922
157
APPENDIX A-7
CITY OF LOS BANOS
TRAFFIC DEVELOPMENT IMPACT FEE CALCULATION
IV, /lllocuucn of Fnc,l'ti<'·, to [xist1,iq nncl New DcvPIOPr!'cnt lb:i,,r,1 nn 1-M PH1's} Dove Street Im rove.
Tot.el Percentage or Facility
Dev&lo ment Number d PM Pl-!Ts Cost AIIOC8ted Cost $329,41; txlstlng DffvAlopment 20.538 /0.16% $231,118
Now Davelo ment 8,735 29.84% .S98293
Total Facilities Cost 29, .3 100?!, $329 411
IV Allor,atiC>"\ nf roclil11('', Lo [•·0 ,1 inCJ ,1nct N•0 w [)~vr:•oprrnint (b,1,,:d nn PM Pl IT',) Pioneer Road Im irove.
Total Percentage of l'l«:lllty
Devel nt Number cf PM PHTs Cost AllOClta<I Cost $Z613.483 Existing OevelopmPnt 20,538 70.16% \ 1,81':\,l:l-17
NewDovolo ent 8735 29.84% $779 836
Total Facilities Cost 29,273 100% S 613 483 -·-~
IV l\llocatlon uf ra~,l,1ic:I to [~t~tl:'lQ al'd N,:w Df?V('l('lprnt•flt lbc1:,,•d on Pt,' PHT•,) Cardoza I Madison Ave/ Pa e Ave Im rove.
Total Percentage d Facility
Dove10 n,er,1 Number or PM PHTs Cost Allocated Cost $1,168,709 Existing Development 20,538 7016'3!, $819,978
New Devel ment 8,735 29.84% $348,731
Total Fecllltles Cost 29.273 100% $1 16S.7 -
IV. Alloc~t,on o1 "ac1•·tia•, w rx;:,llnf] and Nu,,, l)cvclopmont (b,,N1 on 111,111,} Intersection & Modification Im rove.
Total ~ of Facility
Devel mern Number of PM PHTs CQ$t Allocrc\ed Cost $26,547,290 Existing Development 20,538 70 1696 \tf,1.625.854
New 0Ervf!l<Xlfl1ent 8.735 20.!l-4'~ S7,921.436
Total Facilities Cost 29,273 TQO% .126 1147 290
IV r,1·oc~trm1 of Fnc.il1!1M tn f:xi:•,nq ~n 1 Nf"w DPVf'lnpmr.nr /tl~~P1 ()fl rM r•n·,) Intersection & Modification Im rove.
Total Percen1:a99 of Facility
Dev.eta m811t Number of PM PHTs Cost Allocated Cost $100,000 busting Devolo_oment 20,538 '(!.16% $, /0,161
New Develo ment 8,735 29.84% $29,839
Total Facllltles Cost 29,273 100% $100000 -~~-- - -
,I
I ---
I
~
I
158
dta APPENDIX A-7
CITY OF LOS BANOS
TRAFFIC DEVELOPMENT IMPACT FEE CALCULATION
IV. /\llocotion of I a,:,11t105 to Exi:;t,nq and N•:N DevelopmcnL tl:llnill{l !ltl f'M f"lls) Intersection & Modification Improve.
Total Percentage af F11clllty
DeveI0 ment Number of PM PHTs Cost Allocat9d Cost S745,000 1:x,~1mg Davelopment 20,538 70.16% '522.700
New Devolor,ment 8735 29.84% 1222300
Total Facllltles Cost 29 273 100% 745000 - ~
V /\llocnt1or1 of f <1c1Ltt•'1 to Nev, 0cv"l®rl'lmtt lb3Wll on NP.w t0IJs) Faclllty Cost
Total Allocated to Cost Per
Facllltv Number of PM PHTs New Develooment PM Peak Hour Trip Traffic Facilities Cost 8.735 $17,467.449 $1,999.77
o •···: -~ ~ :' , .. , r , 1 , ~ ~- 8,735
Total $1,303.58
VI D,?11,iloIwr Fers c1n!l Co,r Fln.incert Liv Fe•-!!10!?1' U"'t f car 1.000 Mc,n•R!!l.. SF Aversge Delly PM PHT per
Unit I per 1,000 Non-Res. Fees per Unit/ 1,000 Non- Number of Units I Non-Res.
Land Use Tvoe SF Res. SF SF Cost Financed by DIF
Slngle Family 1.00 $1 ,303.58 4,155 $5,416,294
Multifamily 0.69 $903.11 736 $664,953
Age Restricted 0.54 $703.93 44 $30,973
Retail 4,98 $6,495.18 238,058 $1,546,230
Office 1.00 $1 ,300.86 910.310 $1,184,184
lnstltutlonal 1.21 $1,574.04 119,778 $188.535
Industrial O.B5 $1 ,104.71 2.132,041 $2,355.283
Total Allocation to New Development $11,386,452
Total Allocated to Exlstlnq Develonment $41 .071 ,612
Total Faclfltles Costs $52,458,064
I
I
159
dta
....
Facm"'r- City Hall Expan:iion nnd Rehebiiitallon
City Hall P..-klng Lot ood Landscapl~
Council Chamb1:1r Upgraoe
Network/Server Replacement
Car"1a8lion Yard Ex,..nsion
GaOP.rfll Government Facllitles
umdu,,,_"'-
Si~leFemliy
Multifamily
Age ReSt.ricted
Reta~!
omce
lnstltutlonlll
~I
J:otal
Feem1• TCity Hall Expansion and RehabllltnUon
C~y Hou Parking Lot end Lon<1,cop;ng
Council Chamber Upgrade
Network/Se,ver Re('>'&cement
Cor,_,,....,100 ¥«d E>toarrslon
.
landU,eTSingle Femlly
Multiramily
Age Restricted
Retail
Office
1nstituliona1
Industrial
TObll
.. . facllb T....,.
City Hell hpon,\l0t1 end Rehebll~atlon
City H111II P11rking Lot end LandSCaplng
Council Chamber Upgrade
Network/Server Rcp!acomenl
CorporuUon Yard Expar.sion
~ Tc,tel Coot .... -
or Gonanl Gowmmont Facll~les
APPENDIX A-8
CITY OF LOS BANOS
GENERAL GOVERNMENT IMPACT FEE CALCULATION
~ --n11tv
31,800
JJ,000
1 1
l•I NumbarorUntts
I NOl!-_Rlllo, 1.000 SF
9,758
1.753
239
"'-nth• 31,ROO
33.000
1 1
l•l N..-dUnlts I Non-Ma. 1 000 Units
4,155
736
44 0
0 0
0 ,.,,_.,, 40,050
35.150
1 1
1 rlldllN lint!>
Square F'eet
SQUarc Feet
Integrated Feclllty
Integrated Faclllty
lntei1ratft<1Fl!lcilil·
[b)
P8BonsSorvedP91"Unlt
0.000 Non-Ras. SF
H 1
2R1
1,90
Foc:llltv Unltll
Square Feat
Squeire Feet
Integrated F,x;illty
Integrated Fecillty
lnletnted Fecilit,
lbl Ra51dento per Unit/ Emplo)'9M - Non,Aes. {ooo Sr
3.51 ~.81
1.90 0.00
o.oo
0.00 0.00
Facllltv Units
SqueroFeet
SqwlrnFft<lt
lntegttited F~lllly
lnregrzited Fac.mty
lntegn,llld Feclllty
)cl EDUs P9!" Unit
/_-1'!'_ 1,000 N0t>-Aas. SI
1.00 0,80
0,54
Qua~
- 1.000 Non-Rn. Sf
2,816.71
2,923.00
0,09
0.09 (cl
,- ,~~; 1.00
0.B0
0.54 0.00
0.00 0.00
0.00 Feclll'lv Cos\
Sl,740,050
Sl,751,750
$200,000
SlBS,02 ◄
$1.350.000
tt•~HM
)dJ
Total
Numbtrvf\lnllS
1".!"i<cl
9,758
1,402
129
11 1,,1 Total
Number or Units
a1• 1c1
4,155
589
i4
0 0
0 0
4768
OU,~
_ ,.ooorou, 8,400.13
7,498.24
0.21 0.21
0.21 160
dta
APPENDIX A-8
CITY OF LOS BANOS
GENERAL GOVERNMENT IMPACT FEE CALCULATION
.._, ~1-1111E_,.ior10nc:1~n11>111tat10n
f•I
Exlsllng
Squon,FNl
~ DU'I
7,818.7!
'Ul
TDIIII Futura
EDU's
VM
lr.J
Sqiaa FNlMocatecl 100K
To New O.V.lopmont
~~
11..:!llM!!_
A2 Squ,n Fllllt ~d £lOstlnR s.ntr:. Standlrd SpittllllwM'I Newand EJlbtlnQ. plus FICllllY llnltSetlocetad ~tD New DeWJopment FaclllN 'T'ma
Existing
New Oewll---onl
1ora1
Ill CO$: Allacatad lletwMn Exbt1ng - NIW Dev91opment
F_!l~_l!l:Y Tl:klst.lng
~
New Develorment
11. 1 City Hall Piiilcing Lot and Land,caplng
f•l emunv !qunFNt
1,00Q_~_'t
2923.00
Numborot ~ of TOUI
EDU's EDU's
11,200 70.Jl'II,
.71111 2vr16~ 1m~-
TVIIII SGUoreFNI: emt~i-bid 18,716. ?. 46,/3'11,
21,JJJ,58 ~ll7'1\
.!l'.w,o<il Joo;oo'JI
[b] [cl Totall'utl.re ~,--,OO!I EDU'I To NIW Denlopmont (
8 l'lbl . ,o,_ l:!J138i ~
8.2 _..,..Feltlleyond E)dstl1111Servk:eSlarldllrd SPllt8-1 N1W-flllstA1111,plUJFad11tyUnlDal-lGOKIDNM o-lOIIIM!lt f .. l~Y f -
E•l!tl"!I
New OIMtlt,a•,ment
Toto!
B,3 COO!Allocad - Exlsllng- ,_ Dell&lopment
f_1!!1!111YTEi<!Sling
New OevGIOf,,.,,.,, TOIJll
C:i~c,f ci....,.. !Jpgl'ldt
la!
Existing ....,_ flclnty
1,00Q~
!l,@_
-or EDU'ls
11,2IIO
.188
16 ""8
Total
!au ... - 15,336.85
20,41:1.14
\~11!illM
[b)
T°""F....,.. EDU'o
I h Ii
~olTC1181
lDlh
70.llll
29.11911
l"".OOli
Colt~
UOll
~7.10!1
[cl
1,__ Fac:tllty Alloc:atad 100II
To New~ J!!t,•,:
IC.2 lntegnt,,d facillty lkyon(J l;Jdftlng -Stllnclllrd Spllt-..n N,iw -~ plusFa,fllty Unb•-10011 IO,_ facllm,Tfxl~ti1'WJ
New llev•II'>.-""""
10~11
'C.3 C-Alk)cated _, Exl«lng- -Doueloprnont
lracmtv h m n
FJdstInn
Now DaVl'\ln1111"W1t
Tol&
Numbt<ot EOU'l
11,<'!>0
i,IIJ8,
1f>c<J8
Totll
-!!_&o:lln.Y 04!
D!-11
iiio
Pttca"8ge oATotal
[OU'a
lr'\:U'iti
1•11111"1.
IOO OOII
~mt.611___.
IO~lll,
•~ ?~ ~IUId]
PropooedServlr:a Slandlrd .,..
1.0oo el>U'I JLl!ffi_
~-Split
Between NM and t.11111 -
18,71!1.42
7!l04.13
,ti:111')~,C
rac1111~eo,,:
S3.381,6Tl
$J.81\1,Jn
II l<OMll I
[d)
""'-dSeMca Starmnl .,..
11000EDU'1
' ~'+"'1'
Squar.FNl:Spll\
__,NMIIIII
·---- ·,.·,_,'\,Id
A47&,01
/1 ~I I I ,
Fac:1111/l_Colt
S751,50&
s1,ooo,2u
Sl...ID.&,
,,,1 Propoo cl
-p«
l,000~
'
I~ FIICfll\y Spilt
__,NIWlf'ld
Exl\luna .
,,1.
I:, ~ ..
,-~ tBl.233
S11R.7a7
[o]
SquorftFNtperl!OU
Beyond Exlotl"1 i-l_ J
~lillHl.
Al-1005 ~-To
NII\ 13,429.46
1•1
Sq-.,_porEDU
kyorl<IEJdsllng
[dl·l•i ~ ,H, ... n
,...f ..
~100!ITo
New
NIA
13.936.23
'-I I~ t■dlltypor EDU
~Elllstlng 1,-e: •o·
•J ·~
lllblgnlllotl FlciHty
,.._lOOIITo
N.,.Dwo.....,_,.
NIA
O. ?.
II] 9qu.,.,_ llayor,cl Ealtllng
s.vic. Standlr<I
]!Jl'l•llJOOQ_
JMl!l,54
Total Square Foet AllcaR d
18,716 47 21.33).!>II
40050.00
[IJ
SqulraFNl:Seyo,,CI ,._ Stlndlnl ~
i!!l''• 11000
~!!UJ.7
TC1181~
15,338.11&
2041 1 14
'.15 7~~
[!)
k0;1111t8dfocllltylleymd bbtlng
--tb" teillQQ9
0.58 TOIIII lntegnltlld Facility
Allocalacl
0.41 0.!>9
m
(gJ
Torall'to_.i
New Square fUBt
!ti•~!
1D_,;i!&(lll
(gJ
Towt PraponCI -~-
l$•1'I F,.Pc,1. ..
[g]
TOIIIIProposed
Nawl"""'""9df..:lllty
IC.+tr
_i!'_
161
dta
0 ,1 Networll/Serv«Repl~
l•l
Existing
lntes,a,9d dltty
1,000EO\h
~OQ
APPENDIX A-8
CITY OF LOS BANOS
GENERAL GOVERNMENT IMPACT FEE CALCULATION
lbl Total Futu19
EDU's
•.!El!
l<l lmgrat d Faelllty Al~ 10llS
To N-0...lopment
~
ll.42
fdl
Proi)CMd SolYlc■
9ton<tordper
1.000EDU'I
o.~
0.2 lnliigrated Fecllll;y Beyond Exlatlng Servl<:e S!andanl Spilt-New end Exlldng. plUs FadTI\Y UnllS .. _ 100511> Ntw Dtwelopm nt f!S~:!2
E.Jcistlng
New oev..1o1,mant
Toail
P.3 C-Al1oc:aled __, -no 111111 New Dewlopmant
FacUih. TExisting
New DBvA1ol""mRnt
Total
~-Y1nl E"Plnllon
I•/ Exist 1111 IREFI 1,000.[DU's
(Ith
N-of
EDU's
11,200
4,168
l!i.OMI
Total 1-- F1C1l1tv
0.41 o .~ri
-
[bl
TolelFUlln
EPU'J
TT,111
~O(Tolal
mu-.
·10.1111
19,091'
l!!C)OO!I,
c-•~
~i'.~~
lll!I,~
!cl
All0a"9d 1 ~
To IHW .,..,_.Cpl'IW!t
ta,'1111
- £.2 ~ Feclllty 11eyonc1 ~ SonlceS181)dard!plll __, Newend Ellltllng. ptusf cl~Unlts -1005to N•~ F_,w TExisting
New ~ 1mal'lt
TM!I
E.S Cmt-Allocatvd kween Exlitlng and N-DBveklpment
Foell
bclstlng
Now DeY&l<>r,mtnt
f)ll;tl
Fadllr, T..,..
General Govt. Fncllitle:s
'Ol81
11 0.V•4DltlWlt.I"""1s'lf.01111crl,li;l16J,.,_.,.CIIIO .,an lb!,, $1 LendU...T
Si~tehmily
MultifomllV
Aqe Restricted
Retail
Office
ln.5tltutiorwl
Industrial
Total Allocated to New Oev&lopmant
Outside Fundlni: -ionsll)IIIL
Total mt ol' nee !ICllltles
~.,,
fl)\J'9
11,290
4768
1ft =
Pwce,ageon-1 IDU's
'10.3111
29.89!1 fti"-00!1
C.
Cast AIIO<at8d
to Now
SS.491,579
-n:~~
lWa per Unit/ 1000 Nc,n. S.F,
1.00 0.80
0.54 0.00
0.00 0.00
0,00
ll"llegrm(I FecRlly Spilt
Emlll!o --- Dt,1111om1ut
0 41
o,
o,.,.
- ~ Cost
$15,415
\1 lO.:w.l ,~t
[d]
Pl'IIP()IICISlrvlcll
~per
111M ffll!I\I
!!11
lnllgra1ild FIICllfty Spit
bW.~--
010
0'.IO
1.00 Toral _r-_ E1)U's
4,768
4,J_lil!_
Fo oPI< nit/
1 000 Non-Rm. S.f. $)02.0J
$561.66
S3S0.D4
S0.00
so.co l.0.00
so.co
l•J
ln\1lgl'IIIOd Fnclllty per EDU
ae,on<1 Exfltlng
1.cJl ~~
_11_p
lna,gn,lldftclllly
Al__, 1001' To
l'!,e O...laurn••
N/A
041
~
l•l
Facllkv per EDU a.,.,,,dEltllllng
!!,:ft
- ~JJ
.....,._Facility
A-1009'To
NNII\
0.00 Cast per
EDU $1,151.81
gr_
N..-al IJnlW
1000 Non-flls. S.F,
4,155
738
44 0
0 0
0 lrJ l~Fael~ ..,dEl<1511ng
So!Ylc -nl
Jli~@.
U.51!
Tutal lnt9gl'- clflty
Alloc:a<eci
0 41
0.50 100
(f'J
lntelll'lllad FIICllltY Bevond ExlstlnA s-vt .. Standard bl•'.• )/ 1000 -11¥-!
TDlal fnllatatad Plclllty
All0.70
0.30 1.00
Cost flnonced i,y
DIF $2,911,072
$413,546
S16,722
so
so
so
so Sl.347,3O
S5 245 045
8 [Q]
T<>t I PropoolCI
11.w lntegl'llted Faclllty
JilillJ_
1!l!!_
(g]
Tatal Proc,oNd
New I~ Faclll\Y t!•II
u•
162
APPENDIXB
2019 Needs List
163
CEVELQeME~I IMPACI EEE eBOGRAM
CIIY QE LQS BANOS
eUBLIC FACILIIIES NEEDS I ISI Il::lBOUGl:l 2038
11) {q [JJ {4) 151 {SJ
.,.._ --- --.. r.cior,,- TCOIIColl ... ,_ -.c.. .. aw -.. - .......,_ ... _ - ~ _..,__
A. fllP!PllCDPH rAC:ll.ffllS
•-•-T-flCilflyanolDC) lUl'i.938 14579,Bla .,,,,. , __ S-".086..15-f C,iii,11111 imp."tMlmlilnl PLart '5'5ll0l "' 1545.00C 29741' s1s:c:.oeo cap,-.- trnprcwrran. 1:ii., ' J fWVll'lll:MI ____ "'"' __ .,..,,_...__ S,..~'JIJilOO $4,4!il:J.000 .. .,. S:;.0,!!.Ul ~IOt!JBa.ve JJ,41-6$ ,. t]41.6E S~145% .,,,.,.. Co.11datpo111:
·-· M,eooOOC '" .. ,00,000 aua. U.28.2.~ Co...nctCbjeclsn:
I!?IALFlatflR0ffCTIONP~f:1
,..,....,,._,._.,,.,1:!!t:omlltlltM/ -·
!]t.111.ffl I!:!'" :!?~ £!!.iJ!.017 Z!lS! 17.GIO.MS
L l'CUCE• .. ,.....,._ '3<4.&0GOO!> so ~.800.00C 29l•'lri S10.34'US6 Cap•lal '"""'"°'~r.wnt "1lwl , __ J1Z500CUJ "' Ul.500.00C """' 1J.4601l', Co..t\CIC.t;ctYII ,_,...11\J SS00.000 •• j~:J.000 "'-'"' 1207.l&l Cel'tlll~P.en ,,__ .S1.8L~132 n,1,1s.m 594!'J(, Sl.tl,:&)11!:- <.ounc•o~...e ·-- '5lS0?35 s, S1SOll!i S4ft. lM418 COVlti 0.!jecuve aa.;~ ......... l![c..w,..._.a -· "' " Ill 111
~m!:SfACamB l!!rZ!M!! ~22222 SH!l5!I !Y!! l!la!!!!
~~fACIUTIU~
,_,..ton..iOp '32,76.'!ZU "' SJZ.758,223 IOC.00,0 '531!7!8,Zll CocntfCl!lecu,,a , ___
$12'.00UOOJ ,o Sl2000,{l)Ci ,...,. SJ~63.02'J COl.nC.<10/;jtaN• , __ Sl.S00:,00 so ll.5CO.COO ..... SdW.7$! Cc:u,i:40t2ject'V\I tldl:a: ....... ,,...,....._.__15~ TOTALPAIII N«l!§!!'!!l2!i f.tO\.mQ .... i!!!::!!! ! ~· - ?la-
_ _...
I Sl.ftl0tWllls'TrN11t11W1.l'ln(lrd.CN'omunlT---, 1-260.615.lll Sl.Y,191.911 .... ~ s:&Un.1n 1/hl,,r~Pw. ·--·--- s,.na,o SC WC.000 29.W• ... ..,, (A"),Wf~.,tp,.., , __ llSO.OC-0 "' 1250.->00 Z9J4'1;, u,u,i1 Capwt,iroverne'll:Plen "w ... u,.. J!2li.:.OCO ,0 n212,ooc, 2'9741' S~S.234 Captal ll'fl(lm'l-t PIM 6 WII II 11.62000') "' 11.620.000 20.,,. s•s1.1eo Cllpt1llmptOV1r.ie«ll'l&'l ·-- Sil98.626 ,o S.396.628 29.'J4t, SJIS.520 CapU1I /~tf'lln lw.l~u.ion 11.560.000 ,o 11..sro.ooo 29.14% liMUJ7 C.p ~ ;mpuvema,t Pl.,. ·~ 5'711.:XX: '° 1-41'9.COO .9.1,,i, !U2..L$2 Cap·lll!l~Plan 9 ..... T.-.-.,loollrl"ulnpl i2J..C60,,'.l'.lC ., W.45.l.&:X> 2Vl0( ,,..,u., W~W.-&.e,-Ple."I U,Qrol,IICIWIDlf'w.111 ll',}l;).OJO " l1114Cl.000 2'wl0t 5l,l'J.2-C62 ,.....,.,,...Pwi 1,w.,lwll'dd~ s1~11,r.ooo "' st0E:1~000 291C'II, U2163JCI W...-111..as:.-f'I 1!11!1.,..........,_l!!!ll! Qllnmftlld TOTAL WAJIRrliCII.ITE e:!Ull!'J ltl'Jr!!!!!! !Zif!! I!!~ llllwm'Unl..,,._..,.,, 1200,000 ,0 ,,00.000 !1141\ t'l8.~8 Cap,t'll lmFTDWmffltPltw' ~ Narulfkannluln $1;115.000 ,0 11,'1$1.S.OOC ~9-~ .Sl.05'761.9 CepiCal lmp-overnmt PIM' ~c...a_. ...... n, 52.298.000 so S2298.000 Stl4fti J.1.3ti6.629 c,p ..al lmp-q,,emml Plan "lltr'Nlaonn..., ST.ll0,000 so !l?J'J.000 &!It&% Ull.tr,02 CtplUII lmproY81'\"11n1. :it., s Puq,a.itkWl ..... lllllllc:ln USQ.OOC ..., ns:>.roo sa,e,. Jlt.'t.177 C.:,itMtr,prc¥.,-rl'N\lPlan 6 .......... lmnnllnl 1"7.000 ., 1567.000 ...... unicr ~Ult~P.411"1 , lilntla llmlD Ln S.16!,000 "' 1161.000 so,, ... ti6.161 ~1.811~Aan 8P-=-coSlamln 1"3.COO ,0 s•~ooo ...... m9.«o Cap,t&I I~~ Plan ~ Cina~...,, Una SIOO.l'iX'J SC noc.wu ..... s~.1:79 ~Ull~lPIY'. 10 H-1--Sll:aml.lm ""'""" SC '"'""'° S9'5"- U7i).11:> Cap ta11 fflp'O'oW!lfiJ: Pl!n 17H-IIWIIIIIJIDrml.h Sll]l{l'.X) SC ,,..ooo SIC!!~ Hl'Q.ll'J Ctc>t••~Pl.r ,,_........, 12 ,lo-l.ht-Pn: ....... __ """blon. SJl2,000 so Sl1ZOOO 5141~ 11ass1~ Cap11i lmp-"tHr.tON Ar 1300000 ,. '350.000 5t411r, WlO,m Cei,it.et~Pftn
14 WWJPHNCNliltlt:I $&.615.0CY.I 16.SCO.OOC ~,.,n. Sl.829Jll0 Cap,alfmpovementl-"I_, IS-~ S70.DOO so no.ooc sue" SCl.615 Cap11M ltrlp'Ov81"'arv. Pt.ao ldWWTP•-- rn:o.ooo- ,o S2S0,COO io,a~ s1,a.fiQ6 Cep,1.a1 lrnpr<Ml!r.6nl P'en 11 WWTP-Cold•OWWIIY Sl!IO,OOC 50 SlS0.000 Si<IR S!t.21t C,8Jl tll lmf)rQYlrl!llll PM 11 PD:allllWstllr Unal:DWWTP s:zco.ooc "' SLD'J.000 S!ltn. rn1.~1 C8f,.tail~Pl:.n ,,_ ... _.. Sl,D12.,00 IO s.,.c·z.:!.:lll s9qiw, S0011~ ~ Lrl lrno,ovema. t Pleil ID ..._ 11.0!5.COO "' Sl~.000 ...... W1SD4 ~lMlr,,,TOvemen:Pk).1 l l ....._,.'Trwtmtn&hffl. S<llfl.c:)0 IO SA1WOOO s-o,n, S2,~U,009 SolWMmu,rPL,r. 0-- >UJJ.000 .... 89e.OOO S1.<IE1' i291JU,I. ~wio,;,rClf.ar>. ,, __ SJl,&1100 S<6l810C0 s,,e~ S15S12212 ~WeSllrall"l ,, __ U.60<IOOO SC $T.6'K.OCJ ss,a• S9S•o« Se-""""W.fdlerF11,-. ,. __ J.1,0.tlii:000 ,0 000,, ,0 ~~iff'll:in ,. _,.,,,,,. omoco ., 000. "' SO.-,erMs1.r.l!""PIII-, """""'-
,..,ooo "' """' SC s......,.,.,.astcrPv-.
2BWCT,_. J'l:083.!JOO Ul10.:xJC S~Cll,t, l!i7G9'11 Sowllir'Mm:erf'f.yi .......,..htttilllJ,,,, ...... !:!!!Qlll!!l~
TOT!!Kil!~llr!m fl!S!.IDD au ~· "'!l!!.!11 f!.71S BI-a!! 1B 164
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DEVELOPMENT IMPACT FEE PROGRAM
CITY OF I os BANDS
PUBUC FACILITIES NEEDS LISI THROUGH 2038
m Ill Ill
--- "78,QOIJ
Sl.m!,000 "' IO
.. ,.ooo "' SiZ.401.000 "' S6.CaOOO "' t10Di!5.000 "' S6J,92l.OOO S10.361.000 na:um "' S7,!B0.00D 1179.000
$11,597,000 so S20.•75,000 •• 15,126.000 •• $21650.000 S17.504,DOO 112.145.COO 10
S?.230.000 IO
'12.192.000 10
_......., 'U' R!l!',/9
S8.09<,561i "' s.!,cm,)M
S6T2.1Ci IO Ul27m
Sll0ltl.OS2' IO Stl.OIJT.D!i2 .,.....,, IO .,,....,. .,_.....,, "' t2."29.9U ll2!a411 IO s.320,411
S2.61!.48l IO lZ.61Mll
Sl,168,109 so Sl.188,709
S26,5,47,2IO "' SM,541,290
$-lOC,000 so 1100.000
J745,000 so U4!,COO
...... , IS.,..
H.fiNE88§9YfB'IMNif#&ILCDUGilst:Hll.0!e111YSPK fWIE!zr-1DASi9almlPDr«:? Mbm PIICf!MmrC •CII>'--•-- 2cn,, __ .., __ l7,.2.-l!lD50 SC S1.V9.0SO
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,~......-- SZlOJ)llll "' R00.000 ,_.......,_ 521:5,705 StS:.S..W s--- Sl.3SO.OOO so Sl,,0.000
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""'-""•-
165
CC 01.15.2020 wav
EXHIBIT "B"
DEVELOPMENT IMPACT FEE SCHEDULE
7 166
d
www.financeDTA.com
SECTION VI
SUMMARY OF FEES
The total fee amounts required to finance new development's ·tatr share· of the costs of facilities in the Needs Lists are summarized in Table 43 below.
Table -43: City of Los Banos Development Impact Fee Summary Single Farmly $1,258 $2,354 $7,028 $6,317 $4,847 $2.9S8 $1.304 $702 $803 $27,571 Multt-family $1.006 $1.883 $5,622 $5,054 $3,878 $2.367 $903 $562 $638 $21,915 Age Restrleted $681 $1.274 $3,804 $3.419 $2.624 $1.601 $704 $380 $435 $14,923 Retafl $717 $1.341 $0 $3,599 $2,762 $1.686 $6,495 $0 $498 $17.098 Office $538 $1,006 $0 $2,700 $2.071 $1.264 $1.301 $0 $266 $9,146 Instttutlona\ $269 $503 $0 $1,350 $1,036 $632 $1,574 so $161 $5,524 IndustTlal $179 $535 $0 $900 $690 $421 $1.105 so $109 $3,740 City of Los Banos
Development Impact Fee Justtffcatfon Study _,. 201• I 48 167
ORDINANCE NO. 1178
AN ORDINANCE OF THE CITY OF LOS BANOS
AMENDING TITLE 9 CHAPTER 2 ARTICLE 6 OF
THE LOS BANOS MUNICIPAL CODE ESTABLISHING A GENERAL
GOVERNMENT FACILITES DEVELOPMENT IMPACT FEE
WHEREAS, the City Council enacts this ordinance pursuant to the authority granted cities by Article XI, Section 7 of the California Constitution; and WHEREAS, the Land Use Element of the City of Los Banos' (hereinafter "City'') 2030 General Plan update "requires new development to pay its proportionate share of the costs of public infrastructure, services, and transportation facilities. This shall include parks, fire, and police stations, schools, utilities, roads, and other needed infrastructure"; and
WHEREAS, to help finance needed public facilities within the City, the City has adopted Ordinances to establish appropriate development impact fees pursuant to Government Code sections 66000 et seq; and
WHEREAS, the City has not updated or revised its development impact fee program since October of 2006; and
WHEREAS, in accordance with policies established in the 2030 General Plan update, staff has taken steps to conduct a comprehensive review of the City's development impact fees to determine whether those fees are adequate to defray the cost of public facilities related to the development project; and WHEREAS, DTA (previously known as David Taussig & Associates, Inc.) was engaged by the City to prepare an updated AB 1600 Fee Justification Study; WHEREAS, as a part of the update effort the City has held a number of stakeholder's workshops attended by interested community members and the development community; and
WHEREAS; OT A. has prepared a report, entitled Development Impact Fee Justification Study, dated December 31, 2019 that calculates the maximum fee levels that may be imposed on new development and sets forth the nexus/basis for the imposition of the fees on new development; and
WHEREAS, the City Council held and conducted a public hearing on January 15, 2020, in accordance with applicable public notice, to review and consider the Development Impact Fee Justification Study, and the updated Development Impact Fee Schedule and this proposed ordinance; and
1 CC 01.1S.2020 wav
168
WHEREAS, the purpose of this ordinance is to amend Chapter 2 Title 9 Article 6 of the Los Banos Municipal Code relating to development impact fees in the City of Los Banos by combining the Corporate Yard Development Impact Fee; City Hall Development Impact Fee; and Community Center Development Impact Fee; and establishing a General Government Facilities Development Impact Fee consistent with the above referenced Development Impact Fee Justification Study, and the updated Development Impact Fee Schedule.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LOS BANOS DOES ORDAIN AS FOLLOWS:
Section 1 . Pursuant to Resolution 6163 the City Council using its independent judgment found and determined that the Development Impact Fee Justification Study prepared by DTA and dated December 31, 2019, complies with California Government Code section 66001 by establishing the basis for the imposition of fees on new development. The City Council hereby incorporates those findings by reference herein in that the Development Impact Fee Justification Study. (a) Identifies the purpose of the fee;
(b) Identifies the use and the public facilities to which the fee will be put; (c) Shows a reasonable relationship between the use of the fee and the type of development project on which the fee is imposed;
(d) Demonstrates a reasonable relationship between the need for the public facilities and the type of development projects on which the fee is imposed; and (e) Demonstrates a reasonable relationship between the amount of the fee and the cost of the public facilities or portion of the public facilities attributable to the development on which the fee is imposed.
Section 2. The City Council of the City of Los Banos does hereby add the following section to Title 9, Chapter 2, Article 6 of the Los Banos Municipal Code.
Sec. 9-2.614 General Govemment Facilities Development Impact Fee.
The City hereby establishes a fee for general government facilities to serve new residential and nonresidential land uses in the City and the City Council does hereby impose a general government facilities development impact fee to be paid at the rate set forth by City Council resolution.
Section 3. To the extent that the terms and provisions of this Ordinance may be inconsistent or in conflict with the terms or conditions of any prior City ordinance, motion, resolution, rule or regulation governing the same subject, the terms of this Ordinance shall prevail with respect to the subject matter thereof and such inconsistent 2 CC 01.15.2020 wav
169
or conflicting provisions of prior ordinances, motions, resolutions, rules or regulations are hereby repealed.
Section 4. If any section, subsection, subdivision, paragraph, sentence, clause or phrase added by this Ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses or phrases are declared unconstitutional, invalid or ineffective.
Section 5. The proposed amendments to the Los Banos Municipal Code do not propose any changes to City policies or regulations that would result in a direct or indirect physical environmental impact; therefore it has been determined that this ordinance amendment is covered by the general rule that the California Environmental Quality Act applies only to projects which have the potential for causing a significant effect on the environment pursuant to CEQA guidelines section 15061 (b)(3) and is not subject to environmental review. Alternatively, the proposed amendments to the Los Banos Municipal Code were contemplated as a subsequent implementation measure to address impacts on public facilities contemplated in the Los Banos 2030 General Plan Program Environmental Impact Report (SCH #2006121055)("GP Program EIR") and the Los Banos General Plan Land Resources Amendment Subsequent EIR (SCH #2016051033)("GPA SEIR"), and are generally consistent with the anticipated public facilities contemplated in the GP Program EIR/GPA SEIR; therefore it has been determined that this ordinance amendment falls within the scope of the project covered by the GP Program EIR/GP SEIR pursuant to CEQA guidelines section 15162 and is not subject to further environmental review.
Section 6. This Ordinance shall go into effect and be in full force and operation sixty (60) days after its final passage and adoption. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted and published once within fifteen days after passage and adoption as may be required by law; or, in the alternative the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five (5) days prior to the date of adoption of this Ordinance; and, within fifteen days after adoption, the City Clerk shall cause to be published, the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk.
Introduced by Council Member and seconded by Council Member _____ on the __ day of _____ , 2020.
Passed on the __ day of _____ 2020 by the following vote:
3 CC 01.15.2020 wav
170
AYES: Council Members
NOES:
ABSENT:
APPROVED:
Michael Villalta, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
4 CC 01.15.2020 wav
171
OFFICERS
Jama E. J"llllilon
A.G. Spm109Cnqllnies
KeltbSones
Geolp,Mecd,Jnc.
BrlmCuttht&
Woodside Bomea
BOARD Pf DIRECTQBS
Randyllliq
Flmlbeimllama
ReyChavez
Ke1Jy-Moonl Paillll
RealeConleJ
ThoOmb:a:flllll Rmoan:e
Garrett Drebert
Lepcy Homes
Tom Doueette
FCBHmna
DanaRowell
Smrdieldlbnls
Brett .Jolley
Shore, Mckinley & Jolley
TerryMlla
Okk:ude Pnamt
DadJey McGee
WellaFalBOAdvialln,U.C
Bob Taylor
DiBudDo & Defcndis llllmaDce
.Jeremy Whhe
Tho<Jnipo Campay
LlfEl1MI DIQCTORS
John Anderson
Matt.Amaiz
Rod Attebery
Ramon Batista
Dcmtia Bcrmett
BillFilios
Dennis Fitzpatrick
Cathy Ghan
Mikcllakeem
Steve Hemm
Wayne LeBaron
IolmLooper
Steve Moore
George Petrulalcis
ToniRaymus
Keith SchneidaDennia Wann
Building Industty Association of the Greater Valley
1701 W. March Lo., Ste. F
Iamwy 7, 2020
Mike Villalta, Mayor
City of Los Banos
5201 Street
Los Banos, CA 93635
Re: Impact Fee Public Hearing
Mayor Villalta and Council:
Stoekton,CA95207
{209) 235-7831 • (209) 235-7837 fu'.
The BIA supports the adoption of the impact fee study dat.ed December 31, 2019.
I'd like to take this-opportunity to thank City Manaaer Terazas and his staff for the time and effort they took to won: with us on the study. We went through several iterations including a few disagreements, but through diligent professionalism and a lot of patience, a complete study has been completed that will provide for the long-term benefit of the citizens of Los Banos and offers value to those purchasjng new homes.
I look forward to cnntimring to walk with your staff on other projects as they come forward.
~ ·
D Chief Executive Officer
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ORDINANCE NO. 1178
AN ORDINANCE OF THE CITY OF LOS BANOS
AMENDING TITLE 9 CHAPTER 2 ARTICLE 6 OF
THE LOS BANOS MUNICIPAL CODE
ESTABLISHING A GENERAL GOVERNMENT
FACILITIES DEVELOPMENT IMPACT FEE
WHEREAS, the City Council enacts this ordinance pursuant to the authority granted cities by Article XI, Section 7 of the California Constitution; and WHEREAS, the Land Use Element of the City of Los Banos' (hereinafter UCity") 2030 General Plan update "requires new development to pay its proportionate share of the costs of public infrastructure, services, and transportation facilities. This shall include parks, fire, and police stations, schools, utilities, roads, and other needed infrastructure"; and
WHEREAS, to help finance needed public facilities within the City, the City has adopted Ordinances to establish appropriate development impact fees pursuant to Government Code sections 66000 et seq; and
WHEREAS, the City has not updated or revised its development impact fee program since October of 2006; and
WHEREAS, in accordance with policies established in the 2030 General Plan update, staff has taken steps to conduct a comprehensive review of the City's development impact fees .to determine whether those fees are adequate to defray the cost of public facilities related to the development project; and WHEREAS, OTA (previously known as David Taussig & Associates, Inc.) was engaged by the City to prepare an updated AB 1600 Fee Justification Study; WHEREAS, as a part of the update effort the City has held a number of stakeholder's workshops attended by interested community members and the development community; and
WHEREAS, OTA. has prepared a report, entitled Development Impact Fee Justification Study, dated December 31, 2019 that calculates the maximum fee levels that may be imposed on new development and sets forth the nexus/basis for the imposition of the fees on new development; and
WHEREAS, the City Council held and conducted a public hearing on January 15, 2020, in accordance with applicable public notice, to review and consider the Development Impact Fee Justification Study, and the updated Development Impact Fee Schedule and this proposed ordinance; and
WHEREAS, the purpose of this ordinance is to amend Chapter 2 Title 9 Article 6 of the Los Banos Municipal Code relating to development impact fees in the City of Los Banos by combining the Corporate Yard Development Impact Fee; City Hall Development Impact Fee; and Community Center Development Impact Fee; and establishing a General Government Facilities Development Impact Fee consistent with the above referenced Development Impact Fee Justification Study, and the updated Development Impact Fee Schedule.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LOS BANOS DOES ORDAIN AS FOLLOWS:
Section 1. Pursuant to Resolution 6163 the City Council using its independent judgment found and determined that the Development Impact Fee Justification Study prepared by DTA and dated December 31, 2019, complies with California Government 1 174
Code section 66001 by establishing the basis for the imposition of fees on new development. The City Council hereby incorporates those findings by reference herein in that the Development Impact Fee Justification Study
(a) Identifies the purpose of the fee;
(b) Identifies the use and the public facilities to which the fee will be put; (c) Shows a reasonable relationship between the use of the fee and the type of development project on which the fee is imposed;
(d) Demonstrates a reasonable relationship between the need for the public facilities and the type of development projects on which the fee is imposed; and (e) Demonstrates a reasonable relationship between the amount of the fee and the cost of the public facilities or portion of the public facilities attributable to the development on which the fee is imposed.
Section 2. The City Council of the City of Los Banos does hereby add the following section to Title 9, Chapter 2, Article 6 of the Los Banos Municipal Code.
Sec. 9-2.614 General Government Facilities Devel9pment Impact Fee.
The City hereby establishes a fee for general government facilities to serve new residential and nonresidential land uses in the City and the City Council does hereby impose a general government facilities development impact fee to be paid at the rate set forth by City Council resolution.
Section 3. To the extent that the terms and provisions of this Ordinance may be inconsistent or in conflict with the terms or conditions of any prior City ordinance, motion, resolution, rule or regulation governing the same subject, the terms of this Ordinance shall prevail with respect to the subject matter thereof and such inconsistent or conflicting provisions of prior ordinances, motions, resolutions, rules or regulations are hereby repealed.
Section 4. If any section, subsection, subdivision, paragraph, sentence, clause or phrase added by this Ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses or phrases are declared unconstitutional, invalid or ineffective.
Section 5. The proposed amendments to the Los Banos Municipal Code do not propose any changes to City policies or regulations that would result in a direct or indirect physical environmental impact; therefore it has been determined that this ordinance amendment is covered by the general rule that the California Environmental Quality Act applies only to projects which have the potential for causing a significant effect on the environment pursuant to CEQA guidelines section 15061(b)(3) and is not subject to environmental review. Alternatively, the proposed amendments to the Los Banos Municipal Code were contemplated as a subsequent implementation measure to address impacts on public facilities contemplated in the Los Banos 2030 General Plan Program Environmental Impact Report (SCH #2006121055)("GP Program EIR") and the Los Banos General Plan Land Resources Amendment Subsequent EIR (SCH #2016051033)("GPA SEIR"), and are generally consistent with the anticipated public facilities contemplated in the GP Program EIR/GPA SEIR: therefore it has been determined that this ordinance amendment falls within the scope of the project covered by the GP Program EIR/GP SEIR pursuant to CEQA guidelines section 15162 and is not subject to further environmental review.
2 175
Section 6. This Ordinance shall go into effect and be in full force and operation sixty (60) days after its final passage and adoption. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted and published once within fifteen days after passage and adoption as may be required by law; or, in the alternative the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five (5) days prior to the date of adoption of this Ordinance; and, within fifteen days after adoption, the City Clerk shall cause to be published, the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk.
Introduced by Council Member Lewis and seconded by Council Member Jones on the 15th day of January, 2020.
Passed on the 5th day of February, 2020 by the following vote:
AYES: Council Members Faria, Johnson~Santos, Jones, Lewis, Mayor Villalta •
NOES: None
ABSENT: None
ATTEST:
~'I-~
Lucille L. Mallonee, City Clerk
3 176
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ORDINANCE NO. 844
AN ORDINANCE, OF TB'.E CITY OF LOS BANOS AMENDING SECTION 9-2.1413 OF CHAPTER 2, TITLE 9~ OF THE LOS BANOS MUNICIPAL CQDE PERTAINING TO PARK IMPROVEMENT FEE ·AND PARK DEDICATION FEE AMENDIN_G ORDINANCE NO. 769, EFFECTIVE JUNE 1, 1991 The .City .Cot,1I1cil of the City of Los Banos does ordain as -follows:
Section 1. Article 14, Sections 9-2.1401 through 9-2.1419, are . . . . . ' he_reby added to Title 9, Chapter 2, of the Los ll~os M~icipal Code .rela_ting to p~alining and zoning regart;ling subdiyisions to provide as follows:
Section 9-2:1401. Authority, General Purpose and
Definitions.
This Chapter is adopted pursuant to California.
Government· Co4e Section 66477 and the general police pow.er of the city; for the purpos·e of executing _and implementing the ·parks and recreation. element of the -General Plan of the City: of Los · Banos, .adopted by the City.·of Los Banos in_ August, 1964. It is the purpose of this Chapte~ for (l) the acquisi.tion of -park land for neighborhood parks through d,edication of land or pa}'ll\ent of fees _in lieu thereof .ind (2) the deve_lopment of patk and recre.ition facilities by imposition- of hes in connection with t:he development of new dwelling units, • • Except where the context otherwise requires, tjie_
definitions given -in -this :section govern· the const~ction of tpis Chapter. -
··(a) The term "developer" includes every · person, firm, or corporation _constructiQg a_ new dwelling unit, directly or through the services oI ruiiy employee, agent, independent contractor, or ·otherwise. '
(b) The term "new dwelling unit" includes.each
struct11re of permanent ch.jlracter, places in_ .a pe:i:manent_ location, which is planne(!l, designed or used -:for residential occupancy, including, but inot limited .to, ·one-family, two~family, and .multi-fam~ly dwellings, ·apartment houses _and comple;xes and mobile home ispaces, but ·not including hotels, motels, and boarding houses for transient guests. • i . . : .. · . . • .·. (c) The -term "stibdivisiori" includes any type of
construction, ·land divisibn or improvement · of land which provides for .dwelling units identified .under the provisions of Section_66424 of the California 'Governinent Code:
''Subdivision" shall also include any increase in the number of mobile home spaces._
(d) The term "city,service area" shall refer ·to the
geographical area of beneficial use- of one Qr more parks . .
The boundaries of said service areas shall.·be determined by resolution adopted by the iCity Council of the City of Los Banos. • •
(e) The tertn "parki service area" shall.refer: to the
geographical area of beneficial use of one -park,- as . • determined br the .-Recreation, Parlts, and Community ·services.
Director. ·
(f) The term "Land' value" means fair ~rket vaiue of
a buildable acre of land, i as dete_rmined by _t.he Los Banos City CO\lilCil.
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Section 9-2_.1402. Requirements.
At .the ·time of approval of the tentative map, parcel
map, ·or.final map, or upon issuance .of a 0 building permit, 'the.Recreation, Park, and Community ServiceDirecto:i; shall determine ·ptirsuantto Section 9-2.1404 .hereof .the land required -far dedication or in lieu fee payment. As. a .• C(?ndition of approval of a final subdivision-map or parc;el map, · or upon issuance of a building permit, the subdivider shail dedicate land, pay a fee in lieu there_cif, or both, at the option of the -City, for ·neighborhood -park ·or
recreational purposes at. the time and a·cc.ording to tile standards .and formula contained in this ordi,nance.
Section 9-2.1403. Park Acre.a ge Standard . .
It is hereby found and determined .that the_ public
interest, convenience, health, welfare, and safety require that 3; 6 acres of property for each 1,000 persons residing within this City be devoted to local park and recreational purposes;'· Said. 3.6 acres of neighborhood parks per 1,000 .residents in the City of Los Banos, and. t:Qe curi.-ent maximum utilization·of·said acreage by the residents of Los Banos.
Section 9-2 . 1404. _ Formula for Dedication of Land.
Where a park or recrea·tion facility. has beeri
designated in the Recreation and Park Element of t;:he General Plan of the City, and . is to be located .in whole or •in part withl.Il the proposed subdivision for the purpose of serving the immediate and future needs of the residents of the • subdivision, the developer shall dedicate land· fora local par.k sufficient i n size and topography that·. bears. a reasonable relationship ta serve the ·present and future ' needs of the residents ·of the subdivision. ·The amount of land to be provided shall be determined purs.uant • to t;h~ • £'<;,llowing formula.
The formula for determining acreage to be dedicated shall be as follows:
Average No.·· of
Persons/Unit
park acreage standard·.
x 1,000 population :
Example for single-family dwelling unit (DU):
minimum _ac;reage
dedication/DU
3.0 X 3.6
1,000 .0108 a~res/DU
'l;he fol._lowing table of population_ density has been established pursuant to Section 66477(b) of _the Government ·Code: .
Park Land Dedication Formula Table
TyPes of Dwellings
Single~Family Detached
Duplex
Multi-Family
Mobile llomes
Average Population
Density/DU
3,.0
2.5 l.8
1.8 Acreage/DU
(3.6 acre std.)
.0108
.009
,00648
.00648
Dedication of the land shall be ·made in accordance
wit:Ji _- the proc;edures contained in Section 9-2. !412 hereof.
For the purpose of this section, the number of new
dwellirig units shall be based upon the number of parce),i;; indicated on the·tentative cir parcel map when•in an area zoned for one dwelling _unit per parcel. -Whful all or part of 2 178
the subdivision is located in an ~rea zoned for more than one dwelling unit· per parcel, the num_ber of proposed. · • dwelling units in the area so zoned shall.equal the maximum ·allowed tinder that_ zone, including_ any applicable density incre.ases; • In the case of a condominium projec;t; the number of; new dwelling units shall -be the number. of cond<imin:iulli units. The term "new dwelling unitll does nQt include
4weiling•units lawfully in place prior to the date on which the:.parcel or fin·a1 map is filed.
The d~veloper. ·shall, without credit: (1) provide full st,reet improvements and utility connections . incl.uding, but not limited to, curbs, gutter, street paving, triiffic .. •• control ·devices, street trees, and sidewalks to land which is--ded.icated_ pursuant to this section; (2) provide for fencing along -the property line of that portion of the subdivision -·contiguous to the dedicated land; ' (13).provide improved drainage through the.site; and (4) provide other ~inimal improvements. which the City determines to ~e
essential to the acceptance of the land for rec:reationat purposes.
The land to be -dedicated and the improvements to be
made pursuant _to this section shall be review·ed at the· tentative map stage in accordance with the criteria sei . forth in· Section 9-2.1410 and approved -by the Director of Recreation and Parks.
Section 9-2.1405. Formula for Fees In Lieu of Land
_Dedication,
(a) General.Formula. If there is no park. or
recre~tion .facility designated- in the Recreation a~d ~arks- Element·of the General Plan to be located in whole or in part within the proposed subdivision for the purpose of serviirg the immediate· and future needs ·of ·-the residen-i=.s • of the subdivision, the developer shait, iri lieu of dedicating land; pay a fee equal to the value of that larid, plus 207- towards costs of. off-site improvements, prescribed for • qeclication in Section 9-2-.1404 hereof and. in . an amount deteJ;lllined in accordance with the provisions of· Section 9-2.1407 hereof.
·For the purposes of this ordinance, off-site
imprqvements -are defined as those improvements which would have been required if land had been dedicated using the . provisions .of Section 9-2 .. 1404. • • (b) Fees in Lieu of Land; 50 Parcels or Fewer. If
the ·proposed subdivision contains fifty (50) .parcels.or fewer, the subdivider shall pay a fee -equal ~Q -the land value,· plus 20% toward costs of off-site ·ijnpr6vements, of the portion of the local park·requirecl tQ serve the heeds of residents of the proposed subdivision as prescribed_ in Sec;tion 9-2.1404 hereof and in an amount determined -in ac;cordance with the provisions of Section _9-2.1407 hereof. ·However, nothing in this section.shall .prohibit the
deqication and acceptance of land for park and- recreation purposes in subdivisions of fifty parcels or !ewiir, wherEl the developer proposes ~uch dedicatfon '.voluntarily ··and ·the land . is approve!! by· the Director of .Recreatim1 and :Parks·, ( c) Use of Money. The mom~y coile~~ed. h~r~un~e~
shall be used only for the purpose of ·acquiring nece·ssary land :and developing new or rehabilitatingexisti~g ·park or recreational facilities reasonably related·to serving the subdivision. •
3. 179
Section 9-2.1406. Criteria· for Requiring Both Dedicati on and -Fee . .
. . . tn s~bdivisions of iuore than fifty .(50) plircels, 1;he developer shall both dedicate land and. pay a fee in
accordance :with the followi ng formula:
. (a) ·When only a portion of the land t:o be subdivided fs proposed- bo: . the .Recreation and Parks Element of the .
General Plan as the site for· park pur.poses. such portion • shall be dedicated for park purpose and ·a-fee .computed · pursuant: -to: the provisions of Section 9-2.1406. here<>f shall be paid for the value of any additional land> plus 20%
toward. costs of off~sit:e improvements, 1:hat would have .been ~equired t:o be dedic_at:ed. pursuant tc;, 'section 9,:-2.1404 hereof.
Sec~ion' 9-2.1407. Amount of Fee in Lieu of Land
Dedication.
·When a fee is t:o be paid in lieu of land dedication,
the amount .of such fee shall be-based upon.the fair market value of the amount: of land which would _ otherwise . be req1c1it"ed -for dedication pursuant to -Section 9-2.~404 plus 20% ;towai-d costs of off-site improvements, such as extension of utility . lines. The fee shall be determined by the • following formula:
DUs x ~ x DU
where
3 ._6 acres. x FMV subtotal x 6/_5
1,000 Buildable in-lieµ fee
people Acre
in- lieu
foe
DUs = Number of dwelling units ·as defined in Sect_:i.on 9-2.1404 ~ -= population _per dwelling unit
DU ·
FMV ·= fair market value, per buildable· ac")'.."e as -determined by Section 9-2.1408
Buildable Acre= a typical acre of the subdivision, with a slope less than 10%, and located in ·other
than an area on which building is excluded
because of flooding, ·easE!lllents·, .or other
restrictions.
Fees to -be collected pursuant to this" section sha;I,l be reviewed by :the Director of Recreation and Parks to
ascertain if they comply with the formula set forth abc;,ve. • If,. c:Qmpliance is found, then. ·the fees shall be approved by th~ Director -of -Recreation and Parks. .•.
Section 9-2 . 1408. Determination .of Fair Market Value, The fair market: value per buildable acre shall he
determined annually by resolution adopted . by -the City • Council of the Cit_y of Los Banos.
Section 9~2.1409, Formula for Park Develo.pment Fees.
(a) ·General Formula. A fee shall be paid for -park
development by-the developer of each new dwelling unit:
irresp_ective of whether the developer is required to . dedicate land or pay fees in lieu of land dedication as set forth -in Sections 9-2.1404 and 9-2.1405. This fee 'shall ·-be used to pay for those improvements including, but not . limited to, landscaping and installation or 1'.¢creat:ional . facilities which are not required by Sections 9-2., 1404 and 9-2; 1405. The fee ·shall be determined by the following f,;,rmula:
4 180
~ 3.6 acres DU . x 1,000 people X
DC
acre $/unit
E2i?_ s ' Popul~tion per dwelling tinit (see Section 9-2'.1404) DU
DC Development cost per acre of park and recreational
acre facilities . • Development costs ·per .acre s;hall be de.termined_as set ·forth in. Section 9-:2.1410.
Fees •to be ·collected pursuant to this .section shall be reviewed by the Director of Recr·eation and Parks -to
ascertain if they comply with the formula set fqrth above.
If.complianc~ is found, then the fees shall be approved by - the' Director of Recreation and Parks. •
Section 9-,2.1410. Determination of Park Development
Cost Per Acre.
The de,,;.elopment cost per acre qf park larid shall, be determined annually by resolution adopted by the (:ity
Council of ·the City of Los Banos.
Section 9-2;14il. Determination of Land. or Fee.
,WlJether the City accepts land dedication or elects to require·payment of a fee in lieu thereof; or a combination pf both, shall be determined by consideration i;if the
following:
(a) The natural features. access, and locat;i.on of
land in the subdivision· available for dedication; .·
:(b) The size and shape of th,e subdivision and land
available for dedication;
(c) The feasibility of dedication; ·. ·
(d) The compatibility of dedication with the
Recreation and Parks Element of the General Plan;· .ind (e) The location of existing ~d pr~p~sed pai;-k s~tes
and trailways.
Section 9-2.1412 . . Credit for Private Open Space,
No credit shall be given for private open space in the
subdivision except as hereinafter provided. Where private open space usable . for -active recreational. purposes is provided in a proposed planned development or real estate development as defined in Sections 11003 and 11003,1 of the Business and Professions Code, partial credit. not to exceed 45%, shall be given agairist the requirement of and
dedication or payment of fees in _lieu thereof. if the City finds that it is in the ·public interest to do so and that all the following standards are met:
(a) Yards, c.ourt areas, setbacks, and other .open
areas required by the zoning and building· ordinances and regulations shall not be included in the computation of such pr1 vate open space; and •
(b) Private park and recreat{on_al facilities · shalli be owned by an owners association composed of.all property owners· in the subdivision and being an incorporated
nonprofit o.rganization capable of dissolutioi:i oriiy ·'by a · 100% afffrmativevote of the membership and approved by the city, operated under recorded. land agreements ·through which each lot : owrie.r in the neighborhood. is automatically a member• and 5 181
each lot is subject to a charge for a proportionate share. of expenses f.or maintaining the facilities;' and
• .· .. •. ·(c) • Use of .the private. open ~pa~e is rest;ricted for pa:tk ai:id recreation purposes. by recorded covenant which runs the land in ·favor ·of the future owners of the property .and which cannot be defeateQ o~ eliminated without the consent of the city or its successor; and
(d) The proposed private open space · is reasopably •.
adaptable for use for park · and recreation: purposes,· taking into consic!.eration ,such factors as .si:i:e, shape, ·topography, geology, access, .. and location; and •
'.!;he open space for which. credit is given is a minimum of t;hree acres and provides a min.iJ!lum of five of the local park ·basic elements listed below, or a combination of such and other recreation improvements that; will •meet; the · specU:ic recreation needs of future residents of the area:
Elements:
L ·Children's play app11ratus area
z; Landscape park-like with quiet areas
3. Family picnic area .
4; G.iune court; area
S. ~rf playfield
(i. Swimming poql. (42' x 75' with
adjacent deck ·and lawn areas)
7. Recreation center building
.. so
.so
.25
.. 25
LOO
.25
.15
Acres
to .7S
to 1.00
to .75
to .so
to 3.00
to .so .to .25
Before credit is given, the Recreation, Parks, and CQmmtinity Service ·Director shall make written findings that the above standards are met.
Section 9-2,1413. Procedure.
A:t the time of approval of the tent~tive map or parcel• map, rezoning, or any other discretionary approval of . . development, the Recreation, Parks, and Community Servi~e Director shall determine, pursuant to Section 9-2 . 1404 hereof, the land · required. for dedication. I{ the
Recreation, _Parks, ,and Community Service Director requii::es in-lieu .. fee payment by the developer, . the Recreation, Parks, ;md Community Service Director shall set the amount of land • upon which the in-lieu fee will be· based .at the time of . final map approval. At the time of filing of f:i.na], map, t:he subdivider shall dedicate the land; In-lieu. fees and Park Dedication Fees shall be. paid at the time of final
'inspection, prior to issuance of a certificate of
o·ccuparicy. In-lieu fees shall be established using .current land values at the time of payment with the formula set, . forth.in Section 9-2.1407 . . Park development fees shall be established using current park improvement costs at the time of payment with the formula set for.th in Section 9-2. 1,409. ' Open space covenants ·for private park ·or recreation·
hdlities shall be submitted to the City prior t'Q approval .of the final subdivision map or parcel map . and shall be .recorded contemporaneously with the final suQdivision. lJlllp.
The land to be d.edicated and/or in-lieu and park
d,evelopment fees to be paid, shall be subjec;t ·to the latest adopted ordinazices, res.olutions, policies,' 1µ1cj. fees, adopted by the. City Council .and in effect at the ·t~e of the .final map .review and approval. •
Section 9-2.1414. Disposition of Fees.
, Fees determined pursuant to Section 9-2~ 1407 and· 9.-2; 1409 shall be paid to the City Finance Director and shall ·be deposited into .the ~ubdivision park trust fund, or 6 182
\..
its succes.sor. Money in said fund. including ac.crued
interest, shall be· expended solely .for ac;quisition,
de~elopment~ or rehabilitation of park land · or i.mprov.ements related .thereto ..
Collected fees shall be appropriated by the .local
agency to which the land or fees are conveyed or paid for .a specific project to serve residents of the subdivision in a budgetary· year within ·five years upon receipt _ ·of payments or with.in five years after the issuance of building permits on one-half of th.a lots c:i;-eated by the subdivision~ whichever occurs later.
If such-fees are not so connnitted, these fees shall be dtstributed_ and paid to .the ·then record owners of the subdivision in the same proportion that the size of their lot bears to the total area of all lots in tpe subdivision, . . _The Cit:y Finance Director shall report to the City at least annually on income, expenditures, and status of the subdivision park trust fund;
Section 9-2.1415. Exemptions.
Sub.div_:i,sions containing less than five ·parcels and not useci for residential purposes shall be exempted frolil the requirements of.this ordinance; . provided, however, ·that a condition shall be placed on the approval.of s~ch parcel.map· that .if a building perDlit _is requested for crinstruction· of a · residential structure or .structures on· one or more of the parcels the fee may be required to be paid by the. owner of. e·ach such parcel as condition to the issuance of such permit .. • . The· pro~isions of the ordinance do not apply· to.
conunercial or industrial subdivision; nor do they apply to condominium projects ·or stock cooperatives which consist of the siibdivision of air space in · an existing aparbJ!ent building which is more than five years old·when ·no new dweiiing units are added.
Section 9-2.1416. Developer-Provided -Par:1.1: and Recreation Improvements.
. . After· the Planning Cominis_sion determines • that land required for dedication ·and/or in-lieu fee pa}'ll!ent ·by_ the developer, the developer may apply to the recreation .and Parks Department for permission to construct specified ·park - and recreation improvements_ on land· of ·said developer·· required :fo:c dedication or on other land w:ithin the same city service area to be developed as a park. · If the - Rec.reation and Parks Department grants the developer - permission for construction of specified parks and
recreation improvements on ·said land; said Department shall fix the dollar value of the parks and recreation
improvements approved by said Department. The dollar value of park and recreation improvements provided by the
developer in the manner described herein shall ·be credited against the fees required by.this ordinance.
Section 9-2 . 1417. ·schedule for Use of °Land or Fees~ The Recreation and Parks Department shall develop a
schedule specifying how, when. and .• where -it will-use .tlje land ·or·fees, or both, to develop park.or recreational facilities· to serve residents of the subdivision.
Section 9-2~·1418 . . ~-
·All land offered for dedication to local park or recreational purposes shall have .access. to at least one existing or proposed public street. This. requirement may be waived by the City if the City d.etermines that publ-ic street 7 183
access is unnecessary for maintenance of the park area or use thereof by resid.ents_.
Section 9-2.1419. Sale of Dedicated Land.
l:f during the ensuing tilne between dedication of land for park purpo·ses and commencements of first-stage
·.development. circumstances. arise which indicate that another· site would be more suitable for local park or recreational·· purposes serving the subdivision and.the neighborhood (such as receipt of a gift of additional park land or a change in schQol location), the land inay be .sold upon the approval of the City with the resultant funds being used for the
purchase of a .more suitable site.
Section 2. If any section, subsection, sentence, clause, phrase or• portiqn of this ordinance is, for any reason, held to be i1walid or unconstitutiona·l by the decision of ·any court of competen_t jurisdiction, such decisions shall not affect the validity of the remaining portions of this ordinance. The _City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion the_reof, irrespective of the fact that any one or more sections, subsections, c;lati.ses, phrases or portions shouid . be declared invalido~ unconstitutional.
Section 3. This Ordinance shall go into effect and. be ·in full force and operation thirty (30) days after its f~nal passage and ·adoption, and shall be .published by one ( 1) ins.ertfon in the Los Banos Enterpr.ise~ a newspape_i; printed and published in the City of _Los Banos, _within ,fifteen (15) days· after •its -final passage.
1991.
ATI'EST:
Introduced ·by .Council Member O'Brien on the 17th day of April·, .
Passed on the 1st .day of May, 1991, by the following vote:
AYES: COUNCIL MEMBERS Affonso, O'Brien, ._Scott, _Sparks, c1nd Mayor Austin
NOES: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS None
L~
Mayor - City of Los
c~
Banos
8 184
ORDINANCE NO. 844
AN ORDINANCE OF THE CITY OF LOS BANOS AMENDING SECTION
9~2.1413 OF ·CHAPTER 2, TITLE 9, OF THE LOS BANOS
MUNICIPAL CODE PERTAINING TO PARK DEVELOPMENT FEE AND
PARK DEDICATION FEE
The City Council of the City of Los Banos do·es ordain as follows:
Section 1, Section 9-2.1413 of Chapter 2, Title 9, of
the Los Banos Municipal Code is hereby amended to read as follows:
Sec. 9-2.1413. Procedure.
At ·the time of approval of the tentative map or
parcel map, rezoning, or any other discretionary approval cif development, the Recreation, Parks, and community
service Director shall ~etermine, pursuant to Section
9-2.1404 hereof, the land required for dedication. If
the Recreation, Parks and Community Service Director
requires in-lieu fee payment by the developer, the
Recreation, Parks and Co~unity Service Director Service Director shalt set the amount of land upon which the
in-lieu fee will be based at the time of final map
approval. At the time of filing of final map, the
subdivider shall dedicate the land~ In-lieu fees and
Park Development Fees shall be paid at the time of final inspection, prior to issuance of a certificate of
occupancy. In-lieu fees shal,1 be established using
current land values at the time of payment with the
formula set forth in Section 9-2 .-14·07. Park . development fees shall be establishe·d using current park improvement costs at the time of payment with the formula set forth in Section 9-2 .. 1409.
Open space covenants for private park or recreation
facilities shall be submitted to the City prior to
approval of the final subdivision map or·parcel map _and shall be recorded contemporaneously with the final
subdivision map.
The land to be dedicated and/or in-lieu and park
development fees to be paid, shall be subject to the
latest adopted ordinances, resolutions, policies, and
fees, adopted by the City Council and in effect at the
time. of the final map review and approval.
section 2. This ordinance shall be published by one (1) insertion in the Los Banos Enterprise, a newspaper ·printed and ptlblished in the city of Los Banos, within fifteen (15) days after its final passage.
lntroduced by Council Member O'Brien on the 17th day of April, 1991.
13ERMIND, BRODIE, RUNTE, AMARAL. JORDAN & CARPENTER
111111 WEBT I BTIH,ff. •U1T'C ■
P. 0. IICIX IHH
LD8 •ANDB, CALIF"DRHIA 93635
185
Passed on the 1st day of May, 1991, by the following •• vote:
AYES: COUNCIL MEMBERS Afforiso, O'Brien, Scott, Sparks, and Mayor Austin
NOES: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS None
APPROVED:
QflQA
Mayor - City
, ._ ~ of Los
cdb
Banos
ATTEST:
City ~'"'Los Banos
GERMIND, BRODIE, RUNTE, AMARAL, JORDAN & CARPENTER
llilD WE■T ' e1Wcr:r. UITE. a
p .. D. DCDC 91
LDB BA.NOB, CA.Lll'CIRN IA 9363!5
186
ITEM 9
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TO:
FROM:
DATE:
LOsBanos
l tllt ( ,, le I I OJ e1l1/m 111,1
Agenda Staff Report
Mayor Amabile and City Council Members
Stacy Souza Elms, Community and Economic Development Directo~ December 18, 2024
TYPE OF REPORT: Agenda Item
SUBJECT: Appointment of City Council Member to Merced County Local Agency Formation Commission (LAFCo)
Recommendation:
That the City Council appoint one of its members to Merced County Local Agency Formation Commission (LAFCo)
Background:
The Merced County Local Agency Formation Commission (LAFCo) is a statutory body established under the Cortese-Knox-Hertzberg Local Government Reorganization Act.
LAFCo is an independent commission created by the State to promote the wise use of land resources while providing for the present and future needs of a community. LAFCo Commissioners have a responsibility to exercise their independent judgement while making decisions concerning appropriate local government boundary and service providers.
LAFCo membership consists of the following membership:
• Two (2) members appointed by the Board of Supervisors; • Two (2) members selected by the cities in the county (each of whom shall be a Mayor or Council Member);
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• One (1) alternate member from each the county and city panel to vote in place of an appointed member who is absent; and
• One (1) member representing the general public appointed by the members of the Commission.
The city representatives are typically one from each side of the county, and the alternate member alternates from the east and west side.
Most recently, former Mayor Llanez was the City of Los Banos' representative on LAFCo as a voting city member. The City Council will now need to appoint a Council Member to represent the City of Los Banos on the commission.
Discussion:
The appointment of a Council Member to LAFCo is important for ensuring that the City of Los Banos has a voice in decisions regarding land use, service delivery, and jurisdictional changes within the county. LAFCo's role includes reviewing proposals for annexations, incorporations, and the establishment of new districts, which can have significant longterm effects for city planning, resources, and services.
The representative will be required to attend LAFCo meetings, participate in discussions, and vote on various proposals and policies that affect the future growth and development of the city and the region. The selected representative will also be expected to report back to the City Council on key issues and decisions made by LAFCo.
Regular Merced County LAFCo meetings are held on the fourth Thursday of each month at the Merced County Administration Building in Merced at 10 am.
Procedure to Appoint a City Council Member:
1. The City Council would accept nominations from the Council;
2. Then vote on the nominations in order of nominations received;
3. The first nominee to receive majority approval would be selected to represent the City on the LBPDBID Board.
Reviewed by:
Jos Pinheiro, City Manager
Attachments:
1 . Resolution
2 195
RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS APPOINTING A
REPRESENTATIVE TO THE MERCED COUNTY
LOCAL AGENCY FORMATION COMMISSION
(LAFCO)
WHEREAS, the Merced County Local Agency Commission (LAFCo) is a statutory body established to review and make determinations on local government boundaries, service areas, and other related matters in Merced County; and WHEREAS, the City of Los Banos has a vacancy to appoint a representative to serve on LAFCo which is an important role for ensuring fair representation of the City of Los Banos in regional planning and service provisions; and WHEREAS, the City Council of the City of Los Banos has considered the appointment of a representative to the Merced County LAFCo.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby appoint __ to represent the City of Los Banos on the Merced County LAFCo as outlined in applicable laws and regulations.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the _day of December 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:
Michael Amabile, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
1 196