rosBanosOw Crossroads of California

www.losbanos.org

AGENDA

CITY COUNCIL MEETING

CITY HALL COUNCIL CHAMBERS520 J Street

Los Banos, California

NOVEMBER 4,2015

L...

Sf requiere asistencia especial para atender 0 partieipar en esta junta por favor lIame a /a of/cinade fa Secretaria de /a eiudad 81 (209) 827-7000 a 10 menos de 48 haras previas de lajunfa.

La Guidad de Los Banos Gumple con la Acta de Americanos con Deshabilidad (ADA) de 1990.

. .1

, _ _ !Any writings or documents provided to a majority of the City Council

regarding any item on this agenda will be made available for public inspection at the meetingand 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 postedon the City's website at www.losbanOS.ora.

****************Cualquier escritura 0 los documentos proporcionaron a una mayoria del Ayuntamiento respecto a cualquier

articulo en este orden del dia sera hecho disponible para la! inspeccion publica en la reunion y en la oficina de la Secretaria de la ciudad en City Hall, 520 J Street, Los Banos,! California durante horas de oficina normales. Ademas, tales escrituras y los documentos

t..... ~~~.~~.~..~~~.~~~:~~~~~.~ ..~~..~~.:~.~~~~~ ..~~..~~..~~.~~~~..~.~..=:~~~~~~.~~ ..~~~~ .1. CALL TO ORDER. 7:00 PM

2. PLEDGE OF ALLEGIANCE.

3. ROLL CALL: (City Council Members)

Faria _' Lewis _, Silveira _, Stonegrove _' Villalta_

4. CONSIDERATION OF APPROVAL OF AGENDA.

5. PRESENTATION - PROCLAMATION RECOGNIZING VETERANS DAY.

Los Banos City Council Agenda November 4, 2015 Page 1 of 3

6. PUBLIC FORUM. (Members of the public may address the City Council Memberson 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-agendaitems. Speakers are limited to a five (5) minute presentation. Detailed guidelinesare posted on the Council Chamber informational table.)

7. CONSIDERATION OF APPROVAL OF CONSENT AGENDA. (Items on theConsent Agenda are considered to be routine and will be voted on in one motionunless removed from the Consent Agenda by a City Council Member.)

A. Check Register for #156083 - #156318 in the Amount of $1 ,018.811.78.

Recommendation: Approve the check register as submitted.

B. City Council Resolution No. 5707 - Approving the Demonstration TestAgreement for Hexavalent Chromium Treatment With North AmericanHi:iganas, Inc.. and Authorizing the City Manager to Execute Said Agreement.

Recommendation: Adopt the resolution as submitted.

C. City Council Resolution No. 5708 - Approving Closure of Non-essential CityOffices on Thursday. December 24, 2015 and Thursday, December 31.2015.

Recommendation: Adopt the resolution as submitted.

8. UPDATE ON LOS BANOS AIRPORT SITE SELECTION AND CONCEPT STUDY.

Recommendation: No action to be taken, informational item only.

9. COUNCIL MEMBER AGENDA REQUESTS. (To see if there is a majorityconsensus to have staff expend time on the issue and to hear it at a futuremeeting.)

A. Request from Mayor VillaIta - To See if the City Can Provide City SponsoredGrants to Community Organizations for Public Events.

Recommendation: Direction from the City Council on how to proceed.

10. ADVISEMENT OF PUBLIC NOTICES. (No reports)

11. CITY MANAGER REPORT.

12. CITY COUNCIL MEMBER REPORTS.

A. Tom Faria

B. Deborah Lewis

C. Scott Silveira

Los Banos City Council Agenda November 4, 2015 Page 20/3

D. Elizabeth Stonegrove

E. Mayor Mike Villalta

13. ADJOURNMENT.

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

R~f~Lucille L. Mallonee, City Clerk Dated this 291h day of October 2015

Los Banos City Council Agenda November 4, 2015 Page 3 of3

LOiS Banos

PROCLAMATION RECOGNIZINGVETERANS DAY

WHEREAS, America was founded on the principles of liberty, opportunity, and justice forall; and

WHEREAS, Veterans Day is a day in which we recognize the men and women of ourArmed Forces who have valiantly defended our country's values throughout this Nation's history;and

WHEREAS, by answering the call of duty and risking their lives to protect their fellowcountrymen, these patriots have inspired us with their courage, compassion, and dedication; and

WHEREAS, universal recognition is given to the celebrated ending of World War Ifightingat 11 a.m., November 11, 1918 (the 11 th hour of the 11 th day ofthe 11 th month); and

WHEREAS, there are currently more than 25 million living American veterans, many ofwhom put their lives on the line to preserve our freedoms; and

WHEREAS, our proud veterans have given our country an extraordinary legacy ofpatriotism and honor, and their service represents the highest form ofcitizenship; and

WHEREAS, in honor of all our proud veterans, the ones that are here today and the onesthat have gone before, we invite our community to give a moment of silence in respect and thankyou on November 11, 2015.

NOW, THEREFORE, BE IT PROCLAIMED, that the Mayor and City Council Members ofthe City of Los Banos do hereby celebrate the day of November 11, 2015 as VETERANS DAYand encourage all citizens to give thought to the history, valor, and sacrifice of our veteransthrough appropriate ceremonies and prayers.

In witness whereof, I have hereunto set my handand caused to be affixed the seal of the City of LosBanos, this 4th day of November 2015.

APPROVED:

Michael Villalta, Mayor

ATTEST:

Lucille L. Mallonee, City Clerk

LOS Banos

CK # 156083 - 156318Bank ReconciliationChecks by Date

User: sorozcoPrinted: 10/27/2015 - 8:13AM

Cleared and Not Cleared Checks

Print Void Checks

11104/2015 $1,018,811.78

Check No Check Date Name Module Void Amouut

156103 10116/2015 Alhambra AP 20.32156104 10/16/2015 A & A Portables Inc AP 997.80156105 10116/2015 Amerigas Propane, LP AP 113.59156106 10/16/2015 Ararnark Unifonn Ser Inc AP 669.97156107 10116/2015 Barton Overhead Door Inc AP 2,694.00156108 10116/2015 BJ's Consumers Choice AP 60.00156109 10116/2015 Board of Equalization AP 1,012.00156110 10116/2015 BSK Associates AP 9,426.23156111 10/16/2015 California Building Standards Commission AP 557.10156112 10116/2015 Ceo Cal MachineI)' Co Inc AP 1,083.24156113 10/16/2015 Corneast AP 10.59156114 1011612015 Copy Shipping Solntions AP 189.00156115 10116/2015 Credit Bureau Associates AP 48.00156116 10116/2015 Dept of Conservation AP 1,385.98156117 10116/2015 Dutra's AP 110.00156118 10116/2015 Edges Electrical Gronp, LLC AP 157.82156119 10116/2015 Cassandra Ann Helmrick AP 34.56156120 10116/2015 Fanner Brothers Coffee AP 49.32156121 10116/2015 Federal Express AP 10.86156122 10116/2015 Ferrellgas, Inc. AP 68.22156123 10116/2015 Foster Bros Security Systems Inc. AP 57.12156124 10116/2015 Golden State Flow AP 6,268.11156125 10116/2015 Garton Tractor Inc AP 179.20156126 10116/2015 Gouveia Engineering Inc. AP 1,572.38156127 10116/2015 Hach Company AP 977.25156128 10/16/2015 Helena Chemical Co Inc AP 777.60156129 10116/2015 Heppner Precision Machine AP 9.91156130 10/16/2015 InfoSend Inc. AP 2,907.13156131 10116/2015 John Deere Financial AP 297.12156132 10116/2015 Lawson Products, Inc. AP 602.22156133 10/16/2015 Lexipol LLC AP 4,655.00156134 10/16/2015 Lincoln Equipment Inc AP 166.35156135 10116/2015 Lucas Business Systems AP 522.42156136 10/16/2015 Marfab Inc AP 68.53156137 10/16/2015 Merced County Regional Waste Management Authority AP 2,883.85156138 10116/2015 Merced County Regional Waste Management Authority AP 67,847.74156139 10/16/2015 Merced County Regional Waste Management Authority AP 6,611.88156140 1011612015 Merced Sun Star AP 1,532.24156141 10/16/2015 Merced Truck & Trailer Inc AP 22.51156142 10116/2015 Merced Uniform & Accessories AP 21.60156143 10/16/2015 New Pig Corporation AP 148.88156144 10/1612015 The Office City AP 1,055.55156145 10116/2015 OSE AP 94.19156146 10116/2015 Olson, Hagel & Fishburn, LLP AP 260.00

Check No Check Date Name Module Void Amount156147 10/16/2015 O'Reilly Auto Parts AP 524.47156148 10/16/2015 Paradigm Liason Services AP 500.00156149 10/16/2015 Shenvin Williams Co AP 280.85156150 10/16/2015 Frank Silveria AP 95.00156151 10/16/2015 Smith & Loveless Inc AP 656.74156152 10/16/2015 Snap On Tools AP 85.48156153 10/16/2015 Sorensens True Value AP 564.46156154 10/16/2015 Spriggs Inc. AP 692.83156155 10/16/2015 Lorinda Sanchez AP 500.00156156 10/16/2015 Thomas and Associates AP 3,955.00156157 10/16/2015 Home Sweet Home Property Management AP 116.35156158 10/16/2015 Raymond & Connie Villa AP 43.65156159 10/16/2015 Derek Carapinha AP 76.92156160 10/16/2015 John Dunn AP 9.14156161 10/16/2015 Maria Aguilar Ve1ez AP 11.85156162 10/16/2015 Muho and Jasmina Madzar AP 44.60156163 10/16/2015 Jeremy Hughes AP 7.72156164 10/16/2015 DC Construction AP 71.78156165 10/16/2015 DC Construction AP 68.50156166 10/16/2015 Carol and Juan Sandoval- Tobias AP 100.00156167 10/16/2015 Eusebia Frutos AP 13.49156168 10/16/2015 Ruben Dozal AP 25.01156169 10/16/2015 Andrea Brandt AP 14.48156170 10/16/2015 DC Construction AP 31.67156171 10/16/2015 DC Construction AP 36.59156172 10/16/2015 Sabeur Siala AP 22.14156173 10/16/2015 Susan Jones AP 7.38156174 10/16/2015 Los Banos Property Management Services AP 74.06156175 10/16/2015 Hilda Rosales AP 9.59156176 10/16/2015 Abde1 Rehman Sammakieh AP 85.58156177 10/16/2015 Quyen Tran AP 86.36156178 10/16/2015 Earl & Fredix Bernal AP 41.58156179 10/16/2015 Credit Bureau Associates AP 189.86156180 10/16/2015 Frank Castillo AP 90.00156181 10/16/2015 DC Construction AP 86.03156182 10/16/2015 UC Construction AP 45.03156183 10/16/2015 UC Construction AP 30.27156184 10/16/2015 DC Construction AP 27.81156185 10/16/2015 DC Construction AP 36.83156186 10/16/2015 DC Construction AP 30.27156187 10/16/2015 DC Construction AP 30.27156188 10/16/2015 Erandi Magana AP 86.51156189 10/16/2015 Natalia Mariscal AP 67.09156190 10/16/2015 Westside Water Conditioning AP 135.00156191 10/16/2015 Windecker Inc AP 19,983.03156192 10/16/2015 Young's Air Conditioning AP 72.00156193 10/16/2015 Young's Automotive AP 742.01156194 10/16/2015 Christopher Borchardt AP 36.00156195 10/16/2015 Fas Trak Invoice Processing Dept. AP 7.25156196 10/16/2015 Ford Motor Credit Company LLC AP 4,420.32156197 10/16/2015 Ford Motor Credit Company LLC AP 1,307.85156198 10/16/2015 Fresno City College AP 44.00156199 10/16/2015 Fresno City College AP 44.00156200 10/16/2015 Barbara Rusk AP 24.00156201 10/16/2015 Came Silva AP 24.00156202 10/16/2015 Robert Wiens AP 36.00156203 10/19/2015 Aflac-Customer Service AP 95.81

Check No Check Date Name Module Void Amouut156204 10119/2015 Afiae-Customer Service AP 143.95156205 10119/2015 Afiae-Customer Service AP 41.26156206 10119/2015 Afiae-Customer Service AP 48.36156207 10119/2015 Bank of America AP 92,439.67156208 10119/2015 Bank of America AP 12,108.19156209 10119/2015 Bank of America AP 2,457.80156210 10/19/2015 Los Banos Fitness & AP 553.00156211 10/19/2015 Los Banos Police Assn AP 2,055.00156212 10119/2015 MassMutual AP 1,349.29156213 10119/2015 MassMutual AP 5,025.00156214 10119/2015 Merced County Sheriff AP 286.67156215 10119/2015 Nationwide Retirement Solutions AP 1,440.00156216 10119/2015 Professional Fire Fighter AP 630.00156217 10119/2015 State Disbursement Unit AP 1,912.50156218 10119/2015 Vantagepont Transfer Agents - 306797 AP 590.43156219 10119/2015 Vantagepoint Transfer Agents - 705827 AP 25.00156220 10119/2015 Vantagepoint Transfer Agents - 801838 AP 1,100.00156221 10/2112015 William Westbrook AP 2,195.79156222 10/23/2015 A & A Portables Inc AP 336.00156223 10/23/2015 Alert-O-Lite, Inc. AP 3,594.25156224 10/23/2015 American Planning Association, CA Chapter AP 295.00156225 10/23/2015 Anthony Gomes AP 1,750.69156226 10/23/2015 Aramark Unifonn Ser Inc AP 222.43156227 10/23/2015 AT&T AP 1,007.07156228 10/23/2015 Dorothy June Baker AP 99.44156229 10/23/2015 Borges & Mahoney Company AP 1,394.49156230 10/23/2015 Brinks Inc. AP 531.82156231 10/23/2015 Bruce's Tire Inc AP 1,026.31156232 10/23/2015 Brusca Associates, Inc. AP 5,690.22156233 10/23/2015 BSK Associates AP 21,059.28156234 10/23/2015 Ca Dept of Justice AP 326.00156235 10/23/2015 Cal Traffic AP 1,773.25156236 10/23/2015 Cemex, Inc AP 858.96156237 10/23/2015 Manuel A Avila AP 268.38156238 10/23/2015 Central Sanitary Supply AP 772.96156239 10/23/2015 Central Valley Concrete AP 952.56156240 10/23/2015 Comcast AP 103.89156241 10/23/2015 Comcast AP 420.00156242 10/23/2015 Comcast AP 108.64156243 10/23/2015 Copy Shipping Solutions AP 6.20156244 10/23/2015 Edges Electrical Group, LLC AP 79.53156245 10/23/2015 Fastenal Company AP 189.05156246 10/23/2015 Fast Track Car Wash AP 21.00156247 10/23/2015 GCS Environmental Equipment Services AP 2,726.73156248 10/23/2015 Hach Company AP 977.25156249 10/23/2015 Heppner Precision Machine AP 76.00156250 10/23/2015 Holt of California AP 137.38156251 10/23/2015 Home Depot AP 1,038.15156252 10/23/2015 Herb Himmerich AP 600.00156253 10/23/2015 Integrated Electronics AP 90.00156254 10/23/2015 Calvin Lotz AP 227.08156255 10/23/2015 Jason Johns, PE AP 862.45156256 10/23/2015 Krazan & Associates Inc AP 5,392.75156257 10/23/2015 KRC Safety Co. Inc. AP 3,153.68156258 10/23/2015 Kully Supply, Inc. AP 230.26156259 10/23/2015 Lawson Products, Inc. AP 122.22156260 10/23/2015 Los Banos Express Oil & Lube AP 318.06

Check No156261

156262

156263

156264

156265

156266

156267

156268

156269

156270

156271

156272

156273

156274

156275

156276

156277

156278

156279

156280

156281

156282

156283

156284

156285

156286

156287

156288

156289

156290

156291

156292

156293

156294

156295

156296

156297

156298

156299

156300

156301

156302

156303

156304

156305

156306

156307

156308

156309

156310

156311

156312

156313

156314

156315

156316

156317

Check Date10/23/201510/23/2015

10/23/2015101231201510/23/2015

10/23/201510/23/2015

10/23/20151012312015

10/23/201510/23/2015

101231201510/23/201510/23/201510/23/2015

101231201510/23/201510/23/2015

101231201510/23/201510/23/201510/23/2015

101231201510/23/201510/23/2015

10/23/2015101231201510/23/2015

10/23/201510/23/201510/23/201510/23/2015

10/23/201510/23/2015101231201510/23/2015

10/23/201510/23/2015101231201510/23/2015

101231201510/23/201510/2312015

10/23/201510/23/2015101231201510/23/2015

10/23/201510/23/201510/23/2015

10/231201510123/2015101231201510/23/201510/23/2015

10/23/2015

10/23/2015

NameLucas Business Systems

Maria LunaMarfab Inc

Matson Alann Co IncMerced County Association of GovernmentsMerced Unifonn & Accessories

Napa Auto PartsThe Office City

OSE

O'Reilly Auto Parts

P G & E Company

Pacific Landscape Supply, Inc.PlaceWorks, Inc.Praxair Distribution IncProvost and Pritchard Engineering, Inc.Protech Security & Electronics, Inc.RazzariSan Joaquin River Exchange Contractors Water Auth.Santos Ford Lincoln Mercury, Inc.Save Mart SupennarketsSherwin Williams CoSierra Chemical CoSmith & Loveless IncSnap On Tools

Sorensens True ValueToscano Upholstery

Tractor Supply Credit PlanTulare FirestoneUnited Rotary Brush Corp.US Bank Corp Pymt System

Raymond & Connie VillaVerizon WirelessWalmartWindecker IncYDung's Air ConditioningYcung's AutomotiveZero Waste USA Inc.The Bank ofNew YorkBrian ButlerCSG Consultants Inc.Ford Motor Credit Company LLCStephen FratesFresno City CollegeLiebert Cassidy WhitmoreJennifer MatthewsMerced County Auditor ControllerJesus ParrasKristin PattersonNationwide Retirement SolutionsPERS - Public Employees

Pinnacle Medical GroupSacramento Regional Public Safety Training CenterGilbert SanchezState Water Resources Control BoardState Water Resources Control BoardMarcus VauseWestamerica Bank - Cafeteria Plan

ModuleAPAPAPAPAPAPAP

APAPAPAPAPAPAPAPAPAPAPAPAPAPAPAPAPAP

APAPAPAPAPAPAPAPAPAP

APAPAPAPAPAPAPAPAPAPAPAPAPAPAPAPAPAPAPAPAPAP

Void Amount164.40

500.00

128.13

186.00

5,299.84

502.29

19.44

387.15

300.63

278.93

5,353.97

4,362.26

2,950.00

77.26

24,253.28

171.00

104.26

1,171.47

871.94

70.96

1,566.96

2,213.84

1,056.20

124.69

674.69

163.80

533.36

21.52

1,695.17

19,400.31

47.68

377.65

574.71

863.11

3,079.57

405.00

384.48

434,607.50

440.00

22,527.77

3,689.59

440.00

83.00

4,845.10

58.00

262.50

36.00

128.00

1,440.00

79,924.58

788.00

83.00

10.00

230.00

60.00

100.00

50,659.56

Check No156318

Check Date10/23/2015

NameRandy Williamson

ModuleAP

Void Amount40.00

Break iu check sequeuce due to the following:Check # 156083 - 156102 (Payroll)

Total Void Check Count:Total Void Check Amount:

Total Valid Check Count:

Total Valid Check Amount:Total Check Count:

Total Check Amount

o0.00

216

1,018,811.78

2161,018,811.78

LOS Banos

TO:

FROM:

DATE:

SUBJECT:

Agenda Staff Report

Mayor &City Council Members

Mark Fachin, P.E., Public Works Director/City Engineer'?J1~~~November 4, 2015

Demonstration Test Agreement Hexavalent Chromium Treatment

TYPE OF REPORT: Non Consent Agenda

Recommendation:That the City Council adopts the Resolution that approves the Demonstration TestAgreement for Hexavalent Chromium Treatment with North American Hoganas, Inc.,and authorizes the City Manager to execute said agreement.

Background:The City of los Banos municipal water system consists of thirteen (13) wells. Thesewells are the only water supply that the City system has currently available.

On July 1, 2014, the State of California adopted a new water standard for HexavalentChromium. The new Maximum Contaminant level Standard (MCl) for HexavalentChromium is set at 10 ppb (parts per billion).

The City's wells have a Hexavalent Chromium level of between 20-40 ppb, therefore allthe wells are over the State's MCl of 10 ppb.

On April 28, 2015, the City of los Banos received Compliance Order No. 03-11-15R­003 from the State Water Resources Control Board. The Compliance Order outlinesrequired steps that the City must do in order to meet the Hexavalent Chromium MCL.

On September 2,2015, the State Water Resources Control Board accepted the City oflos Banos' Corrective Action Plan that outlines the process to achieve the HexavalentChromium MCl.

Phase Two of the Corrective Action Plan is to evaluate Hexavalent ChromiumTreatment alternatives.

Discussion:In June, 2015, the Public Works Department was contacted by representatives of NorthAmerican Hoganas, Inc., in regards of doing a Hexavalent Chromium Treatment pilotstudy in the City of Los Banos.

North American Hoganas, Inc. is a 217 year old company that is a World Leader in IronPowder. Their Iron Powder is used in the automotive, industrial, processing industryand consumer markets. Hoganas has expanded its markets to water treatment andgroundwater remediation.

Hoganas goal in doing this pilot study, is to become a recognized 'certified' HexavalentChromium treatment technology by the State Water Resources Control Board.

Using an iron media in the treatment process, Hoganas has ran several pilot studies inBrazil. The study results have indicated that Hexavalent Chromium has been removedfrom initial contaminants of 60-70 ppb to below 3.0 ppb. The used iron media is used iniron powder applications.

The Demonstration Test Agreement between the City of Los Banos and North AmericanHoganas, Inc. outlines the responsibilities of the parties involved in running a pilot studyfor Hexavalent Chromium treatment in a study known as Cleanit.

The highlights of the agreement are:

1. The purpose of the Test is to 'assess safety and efficiency of the process' and to'support certification by the State of California of the Process'.

2. The test shall run for six months to a year.

3. All equipment and materials for the test to be provided by North AmericanHoganas, Inc.

4. The City will provide the test sites, and monitoring and reporting services as isnecessary in connection with State certification.

5. Hoganas shall reimburse the City amounts billed by third party service providers,amounts billed by the State, and charges of City staff time. The City shall notincur City costs of greater than $25,000 in the aggregate without Hoganas priorwritten consent.

6. Hoganas is responsible for the proper disposal of the media at the end of theTest.

The City of Los Banos will be the sponsor of the Test and all State Water ResourcesControl Board correspondence and technical involvement will be directed to the City.

Fiscal Impact:Since the Demonstration Test Agreement provides for 100% cost reimbursement to theCity for all time and effort required by the City and its technical consultants, includingthe State Water Resources Control Board, for tasks related to the pilot study, actualfiscal impact to the City will be minimal.

Reviewed b :

cyJ----Steve Carrigan, City Manager

Attachments:ResolutionDemonstration Test AgreementNotice of Intent Letter to SWRCBSWRCB Response to Compliance Order No. 03-11-15R-003Corrective Action Plan Response Letter to SWRCB

RESOLUTION NO. __

A RESOLUTION OF THE CITY COUNCIL OF THECITY OF LOS BANOS APPROVING THEDEMONSTRATION TEST AGREEMENT FORHEXAVALENT CHROMIUM TREATMENT WITHNORTH AMERICAN HOGANAS, INC., ANDAUTHORIZING THE CITY MANAGER TOEXECUTE SAID AGREEMENT

WHEREAS, the City of los Banos Municipal Water System does not meet theState of California's Maximum Contaminant level (MCl) of 10 ppb (parts per billion) forHexavalent Chromium; and

WHEREAS, the City of los Banos received Compliance Order No. 03-11-15R­003 on April 28, 2015, from the State Water Resources Control Board which was aresult of the City's non-conformance with the MCl for Hexavalent Chromium; and

WHEREAS, the State Water Resources Control Board accepted the City of losBanos' Corrective Action Plan on September 2, 2015 that outlines the process toachieve the Hexavalent Chromium MCl; and

WHEREAS, Phase Two of the City of los Banos' Corrective Action Plan is toevaluate Hexavalent Chromium treatment alternatives; and

WHEREAS, North American H6ganas, Inc. proposed to the City of los Banos, aTreatment Demonstration Test for the removal of Hexavalent Chromium; and

WHEREAS, the Demonstration Test Agreement has been reviewed andapproved as to form by the City Attorney.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of losBanos does hereby approve the Demonstration Test Agreement for HexavalentChromium Treatment with North American Hoganas, Inc., and authorizes the CityManager to execute said agreement.

The foregoing Resolution was introduced at a regular meeting of the City Councilof the City of los Banos held on the 4th day of November 2015, 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:

ATIEST:

Lucille L. Mallonee, City Clerk

2

APPROVED:

Michael Villalta, Mayor

DEMONSTRATION TEST AGREEMENT

THIS DEMONSTRATION TEST AGREEMENT (this "Agreement") is made this 9th day of October,2015 (the "Effective Date") by and between North American Hiiganiis, Inc. ("Hiiganiis") and the City ofLos Banos, a California municipal corporation (the "City"). This Agreement sets forth the terms onwhich the City shall conduct certain testing (the "Test") with respect to Hiiganiis' proprietary watertreatment technology (the "Process"). Hiiganiis and the City hereby. agree as follows:

I. Test Description and Responsibilities.

A. The purpose of the Test is to (i) assess the safety and efficacy of the Process and (ii)provide data relating to the performance of the Process to support certification by the State of California(the "State") of the Process (the "State Certification"). Hiiganiis and the City shall make every reasonableeffort to commence the Test as soon as practicable, and it is the intention of the parties that the Test willrun for six months to one year, or as agreed by the parties for purposes of seeking the State Certification.

B. Hiiganiis shall provide (i) the equipment and materials (the "System") necessary toconduct the Test, including set-up and commissioning of the System (but excluding those items expresslyspecified herein as to be provided by the City); (ii) all associated technical specifications and proceduresfor the operation of the Process and the System (the "Specifications"); and (iii) proper disposal of themedia at the end of the Test.

C. The City shall (i) conduct the Test utilizing the Process and System in accordance withthe Specifications, (ii) provide such monitoring and reporting services as may be necessary forsubmissions in connection with the State Certification, and such other reasonable assistance in connectionwith the State Certification as Hiiganiis or the State may from time to time request, (iii) provide the Testsite (the "Site") and associated water supply and power for operation of the System, (iv) receive alltreated water discharged from the System for the conduct of the Test, (v) allow Hiiganiis and itsrepresentatives to have real-time access to the System and the Site and to monitor the operation of theSystem, and (vi) provide copies of all reports and data on the Test to Hoganiis. Neither party shall beresponsible for any failure or delay in performance caused by events beyond its reasonable control.

2. Costs. Hiiganiis shall provide, install, commission and service the System for the conduct of theTest at no cost to the City, and shall reimburse the City for all of the City's reasonable and necessary,documented out-of-pocket costs and expenses incurred in connection with conducting the Test.Reimbursable costs and expenses shall include bnt not be limited to (a) amounts billed by third partyservice providers in connection with the Test, (b) amounts billed by the State and (c) charges of staff timeof the City's officer's and personnel in respect of direct effort in supp0l1 of the Test (including thepreparation of and entry into this Agreement), to be billed at the applicable standard hourly rates;provided, however, that the City shall not incur City staff time costs of greater than $25,000 in theaggregate without Hoganiis' pIior written consent. The City shall submit monthly invoices to Hiiganiisfor reimbursement, setting forth in reasonable detail the applicable costs and expenses for whichreimbursement is sought, with reasonable supporting documentation. Hoganiis shall pay City's invoice infull within thirty (30) days of receipt.

3. Test Results; Future Use. The City and Hiiganiis shall jointly own all results of the Test, whichshall be deemed Confidential Information (as defined in Section 4) of Hiiganiis. Notwithstanding theforegoing, the City shall have the right to submit Test results to the State in connection with the StateCertification or as otherwise may be required by applicable law or regulation. If, upon termination 0; 1expiration of this Agreement, the City desires to utilize the Process for purposes other than the Test,t~

Error! Unknown document property name.

parties shall negotiate in good faith with respect to a license agreement for such use. Unless and untiltransferred by written agreement to the City, the System shall at all times be the sole property of Hoganas.

4. Confidentiality.

A. The City acknowledges that in connection with conducting the Test it will be grantedaccess to certain confidential and proprietary information of Hoganas and its affiliates ("ConfidentialInformation"). Confidential Information includes all information and data of Hoganas, the Process, theSystem, the Specifications, results of the Test, and any other proprietary information of Hoganas in anymanner whatsoever conveyed, that is expressly marked confidential. Notwithstanding the foregoing,Confidential Information shall exclude information that (i) is or becomes publically available by meansother than unauthorized disclosure, (ii) was previously known to the City free of any confidentialityobligation as demonstrated by tangible evidence, (iii) is developed by or on behalf of the Cityindependently of the Confidential Information furnished under this Agreement as demonstrated bytangible evidence or (iv) is received from a third party whose disclosure does not violate anyconfidentiality obligation.

B. Unless otherwise agreed upon in writing, during the term of this Agreement and at alltimes thereafter, the City shall: (i) hold the Confidential Information in strict confidence, exercising adegree of care not less than the care used to protect its own confidential or proprietary information fromdisclosure, and in no event less than a reasonable degree of care; (ii) restrict disclosure of the ConfidentialInformation solely to those employees, agents and representatives of the City ("Representatives") with aneed to know it in furtherance of the Test or seeking the State Certification, and not disclose ConfidentialInformation to any other person or entity; (iii) advise its Representatives of their confidentialityobligations with respect to the Confidential Information; (iv) use and/or reproduce the ConfidentialInformation only in connection with and where necessary for the Test and seeking the State Certification;and (v) not use the Confidential Information for any purpose other than the Test and the StateCertification.

C. The City shall take all reasonably necessary measures to cause its Representatives tocomply with the foregoing and restrain its Representatives from the unauth0l1zed disclosure or use ofConfidential Information. No ownership rights, including, without limitation, any intellectual propertyrights, are granted by reason of disclosure of Confidential Information hereunder or the authority grantedhereby for the conduct of the Test. The City shall not seek to reverse-engineer or otherwise decompileany Confidential Information, including, without limitation, the Process, the System and theSpecifications.

D. Notwithstanding the foregoing, Hoganas has been advised and is aware that all repOlts,documents, information and data including, but not limited to, computer tapes, discs or files furnished orprepared by Hoganas, or any of its subcontractors, and provided to City may be subject to publicdisclosure as required by the California Public Records Act (California Government Code Section 6250et. seq.). Exceptions to public disclosure may be those documents or information that qualify as tradesecrets, as that term is defined in the California Government Code Section 6254.7, and of which Hoganasinforms City of such trade secret. The City will endeavor to maintain as confidential all informationobtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsiblefor the disclosure of any trade secret including, without limitation, those records so marked if disclosur~ideemed to be required by law or by order of the Court.

p2

Error! Unknown document property name.

5. Indemnification: Damage Limitation and Insurance.

A. Hoganas shall indemnify, defend and hold the City and its elected and appointedofficials, officers, and employees harmless from any and all claims (including, claims for bodily injury, deathor daroage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines,penalties, liabilities, costs and expenses to the extent arising out of, pertaining to, or relating to (i) use of theProcess and the System in connection with the Test, and (ii) any negligence,recklessness, or willfulmisconduct of Hoganas and its representatives in connection with the Test; provided, however, that suchindemnification obligations shall not apply with respect to losses due to (1) the failure by the City or itsRepresentatives to follow the Specifications, or (2) the active negligence on the part of the City or itsRepresentatives. In no event shall Hoganas indemnify the City for any incidental, consequential,speculative or punitive damages howsoever arising.

B. Throughout the term of tills Agreement, Hoganas shall maintain insurance coverage inthe following minimum amounts: (i) general commercial liability insurance (including products liability)of $2 million, (ii) automobile insurance of $1 million, and (iii) workers' compensation insurance in suchamounts as required by applicable law. Notillng in tills Section shall be construed as limiting in any way,the indemnification provision contained in tills Agreement, or the extent to which Hoganas may be heldresponsible for payments of damages to persons or property.

6. Term and Termination. The term of this Agreement shall commence on the Effective Date aud,unless extended by written agreement of the parties, shall expire on the one (1) year anniversary of fheEffective Date. This Agreement may be earlier terminated by either party at any time and for any reasonupon ten (10) days' written notice. Upon termination or expiration of tills Agreement (a) the Test shallcease and the City shall cease to incur any additional associated expenses; (b) Hoganas shall remove theSystem from the Site, and (c) any rights or obligations that by their nature or terms are intended to extendbeyond the termination or expiration hereof shall survive beyond such termination or expiration,including, without limitation, Hoganas' obligations under Sections 2 and 5 and the City's obligationsunder Section 4.

7. Miscellaneous.

A. Each party represents and wan-ants that it has fhe power and authority to enter into fhisAgreement and perform its respective obligations hereunder.

B. Tills Agreement shall be governed by fhe laws of the State of California, regardless ofconflicts of law principles. The invalidity of any provision of this Agreement shall not impair orotherwise adversely affect fhe validity of any ofher provision. In the event of any legal action to enforceor interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a conrt ofcompetent jurisdiction serving Merced County, Califomia.

C. Neither party may assign or transfer any rights or obligations under fhis Agreementwithout the prior written consent of the other party, and any attempted or purported assignment or transferwifhout such consent shall be null and void.

D. This Agreement constitutes the entire understanding between the parties with respect tothe subject matter hereof and supersedes all prior agreements or communications between the parties withrespect to the subject matter of this Agreement. This Agreement may not be amended except as set fOlthin a writing executed by both parties hereto. This Agreement shall inure to the benefit of and be~indigupon the parties hereto and their respective successors and permitted assIgns

3Error! Unknown document property name.

E. This Agreement may be executed in counterparts and delivered via facsimile or electronicmeans.

IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its undersigned dulyauthorized representative, each as of the Effective Date.

By:

Name:Title:

t{oRE.. Av 'I<IlIstt

---,p,-""f.Dkk.J-f C£o

4

CITY OF LOS BANOS, A CALIFORNIAMUNICIPAL CORPORATION

By:

Name:Title:

Agreed as to form by City Attorney:

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~ T Citro! B~~%l i LOS anos'0i~ Public Works Department

September 18, 2015

Kassy D. Chauhan, P.E.Senior Sanitary Engineer, Merced DistrictState Water Resources Control BoardDivision of Drinking Water265 W. Bullard Avenue, Suite 101Fresno, CA 93704

Re: Notice of Intent to Sponsor Hoganas Challenge Study for TechnologyConditional Acceptance

Dear Ms. Chauhan,

The City of Los Banos (City) has been in discussions with North AmericanHoganas (Hoganas) regarding conducting a hexavalent chromium removal pilotstudy at one of the City's wells. Hoganas' line of porous iron-based watertreatment media, which they call Cleanit®, has been successfully demonstratedto remove hexavalent chromium from drinking water at both the laboratory scaleand at two full-scale installations in Brazil. The media is reported to also removearsenic and several other trace contaminants. This media is especially appealingto the City because chemical pretreatment does not appear to be required andHoganas believes they will be able to accept and dispose of the spent media asa non-hazardous waste.

Hoganas desires to perform a pilot study of sufficient extent to obtain conditionalacceptance for their technology from the State Water Resources Control Board.The City has worked out an agreement with Hoganas to sponsor the study andreceive full reimbursement from Hoganas for all study costs, including chargesfrom the State Water Resources Control Board Division of Drinking Water. TheCity is requesting that DOW proceed with all necessary work to support the studyand evaluate the results for conditional acceptance of the process. The Cityunderstands that the time your staff spends on this study will be charged at thecurrent DOW hourly rate to the City. It is also our understanding that you will beable to segregate these charges from non-study related charges so that the Citycan more easily process reimbursement requests with Hoganas.

411 MADISON AVENUE LOS BANOS, CA 93635TELEPHONE (209) 827·7056 FAX (209) 827-7069

Provost & Pritchard will be preparing a conceptual pilot study protocol outline foryour review and comment in the coming weeks. We would like to schedule aconference call with DDW and Hoganas sometime in early October to discussthe protocol and conditional acceptance process in more detail.

The City is committed to continuing to work on addressing the Cr(VI) MClviolation in a timely manner. Please feel free to contact me directly should youhave any questions regarding the study.

Respectfully, .'

/(' /c '"";A ,;/ 'v !. ,!! ) lui v (LC~Mark Fachin, P.E.Public Works Director/City EngineerCity of los Banos

cc: Steve Carrigan, City ManagerEugene H. Leung, PE., SWRCBKevin Berryhill, P.E., Provost & Pritchard Consulting Group

411 MADISON AVENUE LOS BANOS, CA 93635TELEPHONE (209) 827·7056 FAX (209) 827·7069

State Water Resources Control BoardDivision of Drinking Water

September 2, 2015

System No,: 2410005

Mr. Mark Fachin, P,E.Public Works DirectorCity of los Banos411 Madison Avenuelos Banos, CA 93635

Dear Mr, Fachin,

RE: Corrective Action Plan Approval Response to Compliance Order No. 03·11·15R·003for Violation of Hexavalent Chromium MCl

The purpose of this letter is to acknowledge receipt of the corrective action plan (CAP) that wasdated August 20, 2015, and prepared by Provost and Pritchard Consulting Group, The CAP wasprovided in response to the sUbject compliance order that was issued to the City on April 28, 2015.The CAP outlines the steps that the City plans to take along with the schedule for completing eachof the steps. The Division has reviewed the CAP and supports and approves the plan that the Cityhas presented. The CAP indicates that the City will likely not be in full compliance with thehexavalent chromium MCl until 2026 given the extent of the contamination and the amount ofplanning that is involved prior to selecting the preferred alternative. The City has committed toproviding the quarterly public notices to the consumers of the water, providing proof of notificationto the Division and providing quarterly progress reports to the Division as directed in thecompliance order.

The City will be receiving an amendment to the compliance order since at the time the complianceorder was issued, 10 of the City's 13 active wells had been determined to exceed the hexavalentchromium MCl based on the running annual average (RAA). Since that time, the RAA for theother three wells has exceeded the hexavalent chromium MCl which requires the complianceorder to be amended. The CAP that was presented addresses all 13 of the water supply wells soa revised CAP will not be necessary.

The City should be sure to communicate with the Division on any obstacles encountered towardsmeeting the milestones established in the CAP that could potentially delay the project and the Citybeing able to comply with the hexavalent chromium MCL. The obstacles encountered should beincluded on the quarterly progress reports.

FELICIA MM1Cl!S, CHAIR I THOMAS HOWARD, EXECUTIVE DIRECTOR

265 Wesl Bullard Av~nue. Sulle '01, Fresno, CA 93704 j wVlw.walerboardS,C[l,gov

Mr. FachinSeptember 2, 2015Page 2

The Division commends the City for dedicating resources towards resolving the hexavalentchromium compliance issues. We look forward to working with you on the tasks established in theCAP and taking steps towards being able to return the City to compliance with the hexavalentchromium MCL.

If you require any further information or have any questions about this letter, please contact me at(559) 447-3316 or by email atkassy.chauhan@waterboards.ca.gov.

Sincerely,

) . { -(:t7~ {L\\iV~1 !(] ChCHlJ'laAt)Kassy D. Chauhan, P.E.Senior Sanitary EngineerMerced DistrictCentral California SectionSOUTHERN CALIFORNIA BRANCHDRINKING WATER FIELD OPERATIONS

cc: Mr. Kevin Berryhill, P.E. - Provost and Pritchard Consulting GroupMerced County Environmental Health Department

LOS BanosPublic Works Department

August 20,2015

Ms. Kassy D. Chauhan, P.E.Senior Sanitary Engineer, Merced DistrictState Water Resources Control BoardDivision of Drinking Water265 W. Bullard Avenue, Ste 101Fresno, CA 93704

Re: Corrective Action Plan in Response to Compliance Order No. 03·11·15R·003 forViolation of Hexavalent Chromium MCL

Dear Ms. Chauhan:

In response to Compliance Order No. 03·1I-15R-003, Violation of Hexavalent ChromiumMCL, the City of Los Banos is submitting the Corrective Action Plan, per Directives 6 and 7.

This plan has been prepared by Provost and Pritchard Consulting Group and is attached.

Please let me know if there are any questions and/or changes to the Corrective Action Plan.

Respectfully,

7!J~.[~0Public Works Director/City EngineerCity of Los Banos

cc: Kevin BerryhillProvost and Prichard Consulting Group

411 MADISON AVENUE LOS BANOS, CA 93635TELEPHONE (209) 827-7056 FAX (209) 827·7069

+i'H¥~'PROVOST&PRITCHARD'R'!§@iiS;!"itlH-I.ii'5¥An Employee Owned Company

August 20, 2015

Kassy D. Chauhan, P.E.Senior Sanitary Engineer, Merced DistrictState Water Resources Control BoardDivision of Drinking Water265 W. Bullard Avenue, Suite 101Fresno, CA 93704

286 W. Cromwell AvenueFresno, CA 93711-6162

Tel: (559) 449-2700Fax: (559) 449-2715

www.ppeng.com

Re: Corrective Action Plan in Response to Complianc.e Order No. 03-11-15R-003 forViolation of Hexavalent Chromium MCl

Dear Ms. Chauhan

The City of los Banos (City) is in receipt of your letter dated April 28, 2015 and ComplianceOrder (Order) No. 03-11-15R-003 issued by the State of California Water Resources ControlBoard Division of Drinking Water (DOW). As described in our letter response dated May 6,2015, the City agrees to comply with the directives of the Order.

Directive 6 of the Order requires the City to prepare a Corrective Action Plan (plan) identifyingimprovements to the water system designed to correct the violation of the hexavalent chromium(Cr(VI)) MCl. At a minimum, the Order requires the Plan to include a time schedule forcompletion of each of the phases of the project such as design, construction, and startup, and adate as of which the City will be in compliance with the Cr(VI) MCl. Directive 7 of the Orderfurther requires that the City present the Plan to DOW on or before August 31,2015. This lettercontains a summary of the City's Plan.

Summary of Actions Taken by the City

The City has been proactively working to respond to the new Cr(VI) MCl since the draft MClwas announced on August 23,2013. Within one month of DOW publishing the draft MCl, theCity retained Provost & Pritchard Consulting Group to evaluate the probable source of theCr(VI) in the City's water supply and the potential impact to the City's operations. Provost &Pritchard's initial research, along with a preliminary hydrogeological evaluation was documentedin a report, City of Los Banos Chromium-6 Regulatory Impacts Evaluation dated October 14,2013. That report, which was submitted to the City Council and made public, presented thefollowing major conclusions:

• All of the City's wells, and hence its entire water supply, contain Cr(VI) at levels two tofour limes the MCl

• The source of the Cr(VI) in the City's wells is most likely naturally occurring and extendsover much of the Delta-Mendota hydrogeological subbasin

• It is unlikely that the City will be able to construct replacement wells that will producewater meeting the Cr(VI) MCl.

G:\los BaI'lOS_City of-3501135011401-Ghromium 6 Mitigatiol'l (Gel'lera!)I...DOCUMENTS\Correspondel'lce\DDW\Correcti~e Action Pian.doc

Engineering· Surveying· Planning· Environmental· GIS· Construction SeTVices • Hydrogeology· Consulting

Fresno· Bakersfield· Visalia· Clovis· Modesto • Los Banos. Chico

Ms. Kassy ChauhanRe: Los Banos Corrective Action PlanAugust 20, 2015Page 2 of 7

Job No. 358011401

• Based on the treatment cost model developed as part of Water Research Foundation(WaterRF) Project 4450, constructing treatment at all of the City's wells for Cr(VI)removal could cost the Ctty between $41.6 and $92.3 million with ongoing operationsand maintenance costs between $1.7 and $5.1 million annually.

• The report recommended that the City:o Begin exploring an alternative source or sources of potable water supply;o Indentify potential sources of funding assistance and apply for funding; ando Conduct a wellhead treatment pilot study to better define viable wellhead

treatment technologies and costs.

The City has since made progress on all three of the report's recommendations. Specifically,the City has proceeded with the follOWing actions:

• City Public Works representatives met with Central California Irrigation District (CCID)staff to discuss the availability and cost of surface water

• The City is in the process of submitting a Drinking Water State Revolving Fund (SRF)financial assistance application to the DDW Division of Financial Assistance

• The City has met with legislative representatives to request financial and otherassistance in responding to the new Cr(VI) MCl

• The City has conducted a preliminary pilot study utilizing strong base anion exchangetreatment at two of its wells.

• The City has initiated a comprehensive water quality monitoring program to establishbaseline water quality and an indication of water quality variability at each of theimpacted wells.

• The City met with yourself and Carl Carlucci, DDW Supervising Sanitary Engineer, toensure that the City's initial response was timely and appropriate.

Interim Measures

The City intends to implement the following interim measures until the water system is incompliance with the Cr(VI) MCL.

Public Notification

In accordance with Directive 2 of the Order, the City will provide quarterly publicnotification of the City's failure to meet the Cr(VI) MCl. Notification will be provided inboth English and Spanish and will take the form provided by DDW in Attachment B tothe Order.

In accordance with Directive 4 of the Order, the City will submit proof of each publicnotification conducted within 10 days following each notification. Proof will be submittedusing the form provided by DDW in Attachment C to the Order.

Water Quality Monitoring

As a minimum, in compliance with Order Directive 5, the City will collect quarterlysamples for Cr(VI) from each well and ensure that the analytical results are reported to

G:\loS Banos_City of-3501\35011401-Chromium 6 Miligation (General)\_DOGUMENT$ICorresponaenceIDDW\Corrective Action Plan.doc

Ms, Kassy ChauhanRe: Los Banos Corrective Action PlanAugust 20, 2015Page 3 of 7

Job No, 358011401

the Division electronically no later than the 10th day following the month in which theanalysis was completed,

in addition to the mandated Cr(VI) monitoring, the City has also initiated a morecomprehensive water quality monitoring program aimed at providing the data necessaryto conduct effective pilot studies and to select the most economical treatment processfor the City's wells should treatment become necessary,

Progress Reporting

In accordance with Directive 9 of the Order, the City will provide quarterly updates toDDW showing actions taken and general outcomes during the previous quarter tocomply with the Pian. Updates will be submitted using the form provided by DDW inAttachment D to the Order. The first quarterly progress report will be submitted on orbefore December 31, 2015. Subsequent quarterly progress reports will be submitted onor before every subsequent March 31 st

, June 30th, September 30th

, and December 31't.

Corrective Action Plan

The following Plan outlines the steps that will be taken by the City to achieve compliance withthe Cr(VI) MCL.

Funding

Assuming wellhead treatment is ultimately required, preliminary planning level costopinions for implementing the corrective action program are between $50 and $100million with additional post-program operations and maintenance costs between $1.7and $5.1 million annually. This compares to a typical total City water fund of less than$4 million. Surface water treatment, if included as part of the final solution, will also beexpensive to construct and operate. Therefore, the City requires outside financialassistance in order to complete the improvements required to bring the water systeminto compliance with the Cr(VI) MCL.

The City is in the process of submitting an SRF Financial Assistance Application forplanning funding. The milestone schedule contained in this plan assumes that an SRFfunding agreement will be in place by April, 2016. The Plan also includes a separateconstruction funding application milestone between the design and construction tasks.

PHASE I

Hydrogeological Evaluation:

Prior to evaluating and pilot testing Cr(IV) removal wellhead treatment technologies, theCity plans on attempting to construct groundwater wells that either comply with alldrinking water regulations, or that would be more cost-effective to treat than the city'sexisting wells. The City will retain a hydrogeological consultant to identify the mostpromising locations and well depths at which to find suitable water. The City will then

G:\Los Banos_City of-3S01\35011401...chromium 6 Mitigation (General}\..OOCUMENTS\Correspolldence\DDW\Corrective Action Plan,doc

Ms. Kassy ChauhanRe: Los Banos Corrective Action PlanAugust 20, 2015Page 4 of 7

Job No. 358011401

construct one or more deep test wells. The test wells will be subjected to zone (i.e.packer) water quality testing to determine which combination of water bearing formationsprovide the best combination of water quality and production capacity.

Surface Water Source Evaluation

There are many challenges to converting the City's water system entirely to a surfacewater supply or diversifying its supply to include some surface water. These challengesinclude obtaining water rights that guarantee a secure supply even in times of drought;finding a Willing partner to deliver the water; treating the surface water to potablestandards; and delivering the treated water to the City's customers. The purpose of thispreliminary evaluation is to establish the technical and financial feasibility of developinga reliable surface water supply. If a surface water supply is determined to be feasible, asubsequent Surface Water Preliminary Design Report will consider preliminary rawwater conveyance, treatment, and distribution designs.

PHASE II

Wellhead Treatment Alternatives Evaluation

The water quality data developed from the proposed test well(s) will determine whetherthe City evaluates treatment of existing wells or treatment of new wells. The City willhave a Wellhead Treatment Feasibility Study prepared that identifies all viable treatmenttechnologies and treatment residuals handling alternatives for Cr(VI) removal and/or anyother contaminants detected in proposed new wells.

Pilot Studies

The City anticipates conducting pilot studies to evaluate the strong base anion exchange(SBA), weak base anion exchange (WBA), and reduction coagulation filtration (RCF)processes. The City is also considering conducting a pilot study to evaluate a new zero­valent iron based media. It is currently assumed that reverse osmosis (RO) andbiological treatment will not be pilot tested, however, this may change based on therecommendations from the Wellhead Treatment Feasibility Study. The SBA and RCFpilot studies may also include pilot testing of residuals management sub-processes.

Surface Water Preliminary Design Report

Assuming that the Surface Water Source Evaluation determines that developing asurface water supply is feasible, the City will prepare a Surface Water PreliminaryDesign Report. The report will include a more detailed evaluation of raw waterconveyance alternatives and treatment alternatives.

PHASE III

Water Supply Master Plan

G:\los Bar'los_Cily of-3501\3S011401-ehromium 6 Mitigation (GeneraJ)~DOCUMENTS\Correspondence\DDW\CorrectiveAction Plan.doc

Ms. Kassy ChauhanRe: Los Banos Corrective Action PlanAugust 20, 2015Page 5 of 7

Job No. 358011401

Once the City has developed planning level costs for all viable non-treatment andtreatment alternatives, the City will have a Water Supply Master Plan prepared. TheWater Supply Master Plan will evaluate the combination of sources and treatmenttechnologies that will result in compliance with all drinking water regulations at the lowestoverall operations and maintenance cost. Non-potable sources and recycled water willbe considered for landscape irrigation to reduce the volume of potable water requiringtreatment. The Water Supply Master Plan will also establish the water transmission anddistribution system improvements required to support the recommended sources,treatment plants, and non-potable water delivery points.

PHASE IV

Rate Increase

Once the City has considered and accepted the recommendations of the Water SupplyMaster Plan, the City will proceed with a water rate study to establish the required waterrates to cover the costs of operating and maintaining the water system, inclUding theproposed project, for a twenty (20) year period from the anticipated start of construction.

Environmental Approvals

Once the City has considered and accepted the recommendations of the Water SupplyMaster Plan, the City will proceed with preparation of a Programmatic EnvironmentalImpact Report (EIR) covering all of the recommended improvements. The EIR willincorporate any applicable Federal cross-cutting requirements.

Design Bid Packages

Based on the alternative(s) selected, the City will have topographic surveys prepared,geotechnical investigations conducted, land acquired, and prepare one or more sets ofconstruction documents for bid.

PHASE V

Construction Funding Application

In accordance with DDW funding requirements, a construction funding application will besubmitted only after the EIR and rate increase have been adopted and the constructionplans are complete.

Construction

At this early stage in the Plan, it is assumed that a combination of funding limitations,staff limitations, and/or contractor availability will necessitate phased construction of theproject over at least three years.

G:\Los Banos_City of-3501\.35011401-Chromium 6 Mitigation (General)'-.DOCUMENTS\Correspondence\OOWICorrective Actiorl P1an.doc

Ms. Kassy ChauhanRe: los Banos Corrective Action PlanAugust 20, 2015Page 6 at 7

Job No. 358011401

Schedule Milestones

Preliminary Plan milestone completion dates are listed in the following table. These milestonesand dates are subject to change based on the results of the prerequisite activities for each task.The City will notify DDW as soon as the City becomes aware of the need to revise the Plan.

Submit SRF FinancialAssistance A Iication

Complete hydrogeologicalinvesti ation

June 2, 2016

Drill test well Au ust 17, 2017Surface Water SourceEvaluation

June 23, 2016

Jul 12,2018October 17, 2019

November 9, 2017

October 18,2018

Rate stud Se tember 2, 2021Ado t rates December 23,2021Adopt Master ProgrammaticEIRDesi n

Submit construction fundinga IicationConstruct improvements

Water system in compliancewith hexavalent chromium MCl

September 15, 2022

June 18, 2024

March 31,2025

G;\Los Banos~City of-3501\35011401-Chromium 6 Mitigation (General)~DOCUMENTS\Correspofldence\DDW\Corfective Action Ran.doc

Ms. Kassy ChauhanRe: los Banos Corrective Action PlanAugust 20, 2015Page 7 of 7

Job No. 358011401

The City is committed to continuing to work on addressing the Cr(VI) MCl violation in a timelymanner. Please feel free to contact me directly should you have any questions regarding theCity's Corrective Action Plan.

Respectfully,

1/. c'p.~~~~ --....-lSet.- ! '

Kevin Berryhil

G:\lOS Banos_City of-3501\35011401·Chromium 6 MiligaUon (General)\~DOCUMENTS\Correspondence\DDW\Corrective Action Plan.doc

LOS Banos

TO:

FROM:

DATE:

Agenda StaffRe~

Mayor &City Council Members

Lucy Mallonee, MMC .J2xv'City Clerk/Human Resources Director

November 4, 2015

SUBJECT: Closure of Non-Essential City Offices

TYPE OF REPORT:

Recommendation:

Consent Agenda

Approve closure on non-essential City offices on Christmas Eve, Thursday, December24, 2015 and New Year's Eve, Thursday, December 31, 2015.

Background:

City policy provides a paid holiday to City employees for Christmas Day and New YearsDay; however, the day before (and after) the Christmas and New Years Day holidaysare regular business days for City staff. With Christmas Day and New Years Day fallingon a Friday, it is reasonably certain that the preceding Thursdays will be exceptionallyslow business days. Thus, it is a good opportunity to close all non-essential functions inan effort to realize energy cost savings.

Discussion:

Under this scenario, all offices located at 520 J Street, 411 Madison Avenue, 830 6th

Street, and 1015 F Street would be closed on December 24, 25 and 31, 2015 andJanuary 1, 2016. All non-essential functions outside of these offices would also beclosed and departments may reduce staffing in other areas to only that are necessaryfor the provision of essential services.

Employees affected by the closures may utilize accrued leave balances such asVacation and Compensatory Time Off (CTO) which is accrued by overtime eligibleemployees in lieu of accepting actual cash payment for overtime. As a result, the Citymay realize additional cost savings by reducing the long-term liability associated withthese accrued leaves.

Fiscal Impact:

The City will realize cost savings through reduced energy usage on the businessclosure days and reduce the unfunded liability associated with the accrued leavebalances.

Reviewed by:

~Cv~eveCarrigan, City Manager

Attachments:

Resolution

s, Finance Director

RESOLUTION NO. __

A RESOLUTION OF THE CITY COUNCIL OF THECITY OF LOS BANOS APPROVING CLOSURE OFNON-ESSENTIAL CITY OFFICES ON THURSDAY,DECEMBER 24, 2015, AND THURSDAY,DECEMBER 31,2015

WHEREAS, the City Manager has approved staff's recommendation to closenon-essential City offices on Christmas Eve, Thursday, December 24, 2015, and NewYear's Eve, Thursday, December 31,2015 allowing employees to utilize accrued leavebalances such as Vacation or Compensatory Time Off (CTO).

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of LosBanos does hereby approve the closure of all non-essential City offices on ChristmasEve, Thursday, December 24, 2015, and New Year's Eve, Thursday, December 31,2015.

BE IT FURTHER RESOLVED that employees may utilize accrued leavebalances such as Vacation or Compensatory Time Off (CTO).

The foregoing Resolution was introduced at a regular meeting of the City Councilof the City of Los Banos held on the 4th day of November 2015, by Council Member__ who moved its adoption, which motion was duly seconded by Council Member__ and the Resolution adopted by the following vote:

AYES: Council MembersNOES:ABSENT:

APPROVED:

Michael VillaIta, Mayor

ATTEST:

Lucille L. Mallonee, City Clerk

LOS Banos

TO:

FROM:

DATE:

Agenda Staff ReRQ!!

Mayor & City Council Members

Mark Fachin, P.E., Public Works Director/City Engineer~(r;J~/~November 4, 2015

SUBJECT: Update of Los Banos Airport Site Selection and Concept Study

TYPE OF REPORT:

Recommendation:

Informational Item

Informational item only, no action to be taken.

Discussion:

There will be a presentation by Mr. Robert Wadell of Wadell Engineering Corporationregarding an update of the Los Banos Airport site selection and concept study.

Reviewed by: