Agenda packet — Los Banos City Council, February 2, 2022

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

CITY COUNCIL MEETING

CITY HALL COUNCIL CHAMBERS
520 J Street
Los Banos, California
FEBRUARY 2, 2022 - 6:00 PM
The City Hall Council Chambers remain closed to the public.

In accordance with Assembly Bill 361, all members of the City Council and City staff will join the meeting via phone/video conference and no teleconference locations are required.

The following alternatives are available to members of the public who wish to watch the meeting and/or provide comments to the City Council before and during the meeting:

AudioNideo Broadcast: This City Council Meeting can be accessed in real time from your computer, tablet, or smartphone at the following links:
• Watch on Cable-Comcast Channel 96
• Watch on YouTube: https://www.youtube.com/channel/UC3sy5 slYr344mZsrql5Tg • Join & Participate in Zoom Meeting:
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Meeting ID: 898 4627 6425
Passcode: 291791
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Find your local number: https://us06web.zoom.us/u/kkTnlbdve Los Banos City Council Agenda - February 2, 2022 Page 1 of 5 2 HOW TO COMMENT DURING A PUBLIC MEETING
Public comments will be taken at the time of each eligible Agenda item.

If you would like to submit written comments: Please submit written comments by email to [email protected] or drop them off at City Hall, 520 J Street.

If you are a Zoom video Conference participant: To comment by Zoom video conference, click the "Raise Your Hand" button to request to speak when Public Comment is being taken on an eligible agenda item. You will then be unmuted during your turn and allowed to make public comments. After the allotted time, you will then be re-muted.
• Instructions on how to join a Zoom meeting and "Raise Your Hand" are available at:
https://support.zoom.us/hc/en-us/articles/115002262083-Joining-a-Zoom-testmeeting If you are a phone participant: To comment by phone, please call on one of the above listed phone numbers. You will be prompted to "Raise Your Hand" by pressing "*9" to request to speak when Public Comment is being taken on an eligible agenda item. You will then be unmuted during your turn and allowed to make public comments. Then, press "*6" to unmute yourself in order to speak. After the allotted time, you will then be re-muted.
• Instructions on how to join a Zoom meeting by phone are available at:
https://support.zoom.us/hc/en-us/articles/201362663-Join ing-a-Zoom-meeting-byphone

IMPORTANT THINGS TO REMEMBER DURING YOUR PUBLIC COMMENT PERIOD

1. All attendees shall be muted upon entry to the meeting.

2. Please do not raise your hand if the item currently being heard is not the item you wish to speak on. We will call for public testimony on each item individually. When the item you are interested in is called and public speakers are invited to raise their hands, raise yours then and we will call them all in the order they are raised.

3. You may of course speak on multiple items but your comments during each item must address the item currently under discussion. Speakers attempting to speak about items other than the item currently under consideration will be muted and asked to wait for the item they're here to speak about to be called.

If you have any questions prior to the meeting, please email City Clerk Lucy Mallonee at [email protected] or call (209) 827-2412.

Los Banos City Council Agenda - February 2, 2022 Page 2 of5 3 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 por favor /lame 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.Josbanos.org.
* * * * * * * ** * * * * * * *
Cualquier escritura o los documentos proporcionaron a una mayoria def Ayuntamiento respecto a cualquier articu/o en este orden def dia sera hecho disponible para la inspecci6n publica en la reunion y en la oficina de la Secretaria de la ciudad en City Hall, 520 J Street, Los Banos,
California durante horas de oficina normales. Ademas, tales escrituras y los documentos pueden ser anunciados en el website de la ciudad en www.losbanos.org.

1. CALL TO ORDER - February 2, 2022 6:00 PM

2. PLEDGE OF ALLEGIANCE.

3. ROLL CALL: (City Council Members)
Jones __ , Lambert __ , Lewis __ , Llamas __ , Faria __

4. CONSIDERATION OF APPROVAL OF AGENDA.

5. PRESENTATIONS.

A. Certificates of Recognition - Future Farmers of America (FFA) Speech Contest Hosted by Los Banos Rotary Club:
1) Emma Van Loben Sels, Junior - Los Banos FFA - First Place 2) Ava Menefee, Sophomore - Los Banos FFA - Second Place 3) Larry Borelli, Sophomore - Los Banos FFA - Third Place 4) Lillian Kanemoto - Junior, Los Banos FFA - Honorable Mention B. COVID-19 Status Update - By Dr. Phillip Yu, Memorial Hospital Los Banos/Sutter Health.

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

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 on how to participate and make comments are listed on pages 1 and 2 of this agenda. Comments received prior to the meeting will be read into the record at the appropriate time during the City Council Meeting.)
Los Banos City Council Agenda - February 2, 2022 Page 3 of 5 4 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 Registerfor#230615-#230801 in the Amount of $1,107,162.13.

Recommendation: Approve the check register as submitted.

B. Second Quarter Investment Report for the 2021/2022 Fiscal Year.

Recommendation: Accept the report as submitted.

C. Minutes for the City Council Meeting of January 5, 2022.

Recommendation: Approve the check register as submitted.

D. City Council Resolution No. 6458 - Reauthorizing Remote Teleconference Meetings of the Legislative Bodies of the City of Los Banos Pursuant to the Provisions of AB 361.

Recommendation: Adopt the resolution as submitted.

E. City Council Resolution No. 6459 - Authorizing the City Manager to Execute an Amendment to Professional Service Agreement with PlaceWorks for the Preparation of a General Plan Update and Accompanying Environmental Impact Report and Adopting a Revised Budget for the Fiscal Year 2021-2022 as it Pertains to Expenditures in the Amount not to Exceed $178,113.

Recommendation: Adopt the resolution as submitted.

8. ELIMINATION OF THE ECONOMIC DEVELOPMENT ADVISORY COMMISSION.

A. Ordinance No. 1195 - Eliminating the Economic Development Advisory Commission Specifically Repealing Title 2 Chapter 2 Article 4 of the Los Banos Municipal Code. (Second Reading & Adoption)
Recommendation: Receive staff report, waive the second reading, and adopt the ordinance as submitted.

9. PUBLIC HEARING. (If you challenge the proposed action as described herein in court, you may be limited to raising only those issues you or someone else raised at the public hearing described herein or in written correspondence delivered to the City at, or prior to, the public hearing.)
A. Public Hearing - To Receive Public Input and Testimony Regarding Possible Revisions to Los Banos's City Council Electoral District Plan. [7:00 P.M.] 1) City Council Resolution No. 6460 - Adjusting the Boundaries of the City Council Districts in Accordance with California Elections Code Subsection 21601-21609 and Municipal Code Section 2-2.102(c).

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

Los Banos City Council Agenda - February 2, 2022 Page 4 of 5 5 10. AMERICAN RESCUE PLAN ACT (ARPA) - PROPOSED SPENDING PLAN.

A. City Council Resolution No. 6461 - Authorizing Expenditures from the ARPA and Adopting a Revised Budget for Fiscal Year 2021/2022 as it Pertains to Expenditures.

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), AND MEASURE V COMMITTEE.

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

14. CITY COUNCIL MEMBER REPORTS.

A. Deborah Lewis
B. Refugio Llamas
C. Brett Jones
D. Kenneth Lambert
E. Mayor Tom Faria

15. CLOSED SESSION.

A. Conference with Real Property Negotiations, Pursuant to Government Code Section 54956.8; Property Located at 610 Pacheco Boulevard, Los Banos, California, Approximately 0.296 acres (APN 026-121-006); City Negotiators:

City Manager Pinheiro, City Attorney Vaughn, Community & Economic Development Director Elms; Negotiating Parties: Sybil A. Balatti Trustee; Under Negotiation: Purchase Price and Terms of Sale.

16. ADJOURNMENT.

I hereby certify under penalty of perjury under the laws of the State of California that the foregoing ~ Pf ~d ~ ulletin board not less than 72 hours prior to the meeting.

Lucille L. Mallonee, City Clerk Dated this 27th day of January 2022 Los Banos City Council Agenda - February 2, 2022 Page 5 of 5

THIS PAGE IS INTENTIONALLY LEFT BLANK
6 7

CERTIFICATE OF RECOGNITION
<Presented ffo

EMMA VAN LOBEN SELS
Junior - Los Banos FFA
In recognition of receiving Pirst PCace in tlie
Puture Parmers of jlmerica (PPJI) Speecli Contest
liostecf 6y tlie Los <Banos CJ@tary C[u6.
<M.anue['Tfiomas Paria III, <M.ayor
<Dated: Pe6ruary 2, 2022
LOsBanos
At tlu (ro~sroacls of (alifonua
8 CERTIFICATE OF RECOGNITI0.1\T
<Presented fJ'o
AVA MENEFEE _Sophomore - Los Banos FFA
In recognition of receiving Second <Pface in tlie
Puture Parmers of }Imerica (PPJI) Speech Contest
liosted 6y tlie Los <Banos <RJ)tary C{u6.
:Manue{%omas Paria III, :Mayor
(J)ated: Pe6ruary 2, 2022
LOsBanos
At tlic Cros roc,ds of California
9 CERTIFICATE OF RECOGNITION
•' . ...
<Presented rfo
LARRY BORELLI . Sophomore - Los Banos FF A
In recognition of receiving rt/i,irc[ <Pface in tlie
<Future <Farmers of }f.merica (PPJf.) Speech Contest
fiostecf 6y tfie Los (}3anos <.RJ)tary C{u6.
:Manue{ <Tnomas Paria II I, :Mayor
(J)ated: Pe6ruary 2, 2022
LOsBanos
.'\t the Crossmacls of Cal!{ornia

CERTIFICATE OF RECOGNITION
<Presented <To

LILLIAN KANEMOTO
Junior - Los Banos FFA
In recognition of receiving an Jfonora6{e :Mention in the Puture Parmers of )tmerica (PP;t) Speech Contest
hosted 6y the Los <Banos <RJ)tary C{u6.
:Manue{'Inomas Paria Ill, :Mayor
<Dated: Pe6ruary 2, 2022
LOsBanos
At the Crossroads of California
10 CK# 230615 - # 230801 02/02/2022 $1,107,162.13
Bank Reconciliation
Checks by Date
User: jcanchola LOs Ban os
Printed: 01 /27/2022 - 8:44AM . .1,1 die Ciossmads of C,1I;(l1rn!IA Cleared and Not Cleared Checks
Print Void Checks
Check No Check Date Name Module Void Amount
230615 1/14/2022 Alhambra AP 40.88
230616 I / 14/2022 American Society ofComposers,Authors & Publishers AP 390.00 230617 1/ 14/2022 Anderson Pump Company Inc AP 59,074.72 230618 1/14/2022 Apex Annex Health Center, Inc. AP 1,97 1.00 230619 1/ 14/2022 Aramark Unifonn Ser Inc AP 1,4 17.97
230620 1/ 14/2022 AT&T Mobility AP 174.2 1
230621 1/ 14/2022 AT&T AP 998.35
230622 1/ 14/2022 Axon Enterprise, Inc. AP 2,531.70
230623 1/ 14/2022 Battery Systems, Inc. AP 556.39
230624 1/ 14/2022 Borelli Real Estate Service, Inc. AP 90.00 230625 1/ 14/2022 Brinks Inc. AP 895.41
230626 1/1 4/2022 BSK Associates AP 1,07 1.00
230627 1/14/2022 Buy N Save Market AP 76.02
230628 1/14/2022 Capital One AP 567.56
230629 l / 14/2022 Central Valley Cardiovascular Group Inc. AP 600.00 230630 1/14/2022 Central Sanitary Supply AP 3, 181.65
230631 1/14/2022 CSJVRMA AP 256,015.00
230632 1/ 14/2022 David Darren Cole II AP 60.00
230633 1/14/2022 CPS AP 632.50
230634 1/14/2022 CSG Consultants Inc. AP 149,510.40
230635 1/14/2022 City of Los Banos Utility AP 7,055.69
230636 1/14/2022 Docs Towing & Transport, Inc. AP 480.00 230637 1/ 14/2022 Electric Drives Inc AP 2, 123.68
230638 I / 14/2022 Employee Relations, Inc. AP 50.00
230639 1/ 14/2022 Farmer Brothers Coffee AP 271.21
230640 I /14/2022 Federal Express Corporation AP 5.99
230641 l / 14/2022 Ferrellgas, Inc. AP 2 18.67
230642 I / 14/2022 Fresno Police Department R.T.C. AP 642.00 230643 1/14/2022 Anita Flores AP 350.00
230644 I / 14/2022 Galls Inc AP 170.04
230645 1/ 14/2022 Hach Company AP 1,448.69
230646 1/14/2022 Henley Pacific, LLC AP 289.14
230647 1/ 14/2022 Jerry Witt AP 2,389.00
230648 1/14/2022 Kimball Midwest AP 33.32
230649 1/ 14/2022 Laboratory Corporation of America Holdings AP 4 14.00 230650 1/ 14/2022 Lucas Business Systems AP 659.48
230651 1/ 14/2022 Marfab Inc AP 18.00
230652 1/ 14/2022 Matson Alarm Co Inc AP 189.00
230653 1/ 14/2022 Merced County Assessor AP 510.00
230654 1/ 14/2022 Merced Truck & Trailer Inc AP 563.56
230655 1/ 14/2022 Madera Unifonn & Accessories AP 1,751.96 230656 1/ 14/2022 Pamela Miller AP Void 1,450.00
11 230657 1/14/2022 Municipal Maintenance Equipment, Inc. AP 1,867.10 230658 1/ 14/2022 Georgina Martinez AP 600.00
230659 1/14/2022 Napa Auto Parts of Los Banos AP 41.31
230660 1/ 14/2022 The Office City AP 139.60
230661 1/ 14/2022 OSE AP 433.82
230662 1/14/2022 PB Loader Corporation AP 267.68
230663 1/14/2022 PG&E Company AP 52.61
230664 1/14/2022 Pace Supply Corp. AP 793.91
230665 1/ 14/2022 Pinnacle Healthcare Medical Group AP 195.00 230666 1/14/2022 Pitney Bowes Inc AP 122.93
230667 1/14/2022 Plan It Geo LLC AP 5,110.00
230668 1/14/2022 Purchase Power Inc AP 3,181.67
230669 1/ 14/2022 Protech Security & Electronics, Inc. AP 510.00 230670 I / 14/2022 Meliza Ramirez AP 350.00
230671 1/ 14/2022 SJVAPCD AP 388.00
230672 1/14/2022 SESAC, Inc. AP 1,025 .00
230673 1/ 14/2022 Sample Traps LLC AP 600.00
230674 1/14/2022 San Joaquin River Exchange Contractors Groundwater AP 11.25 230675 1/14/2022 Sorensens True Value AP 112.95
230676 1/14/2022 Specialty Distributors, Inc. AP 264.34 230677 1/ 14/2022 SWRCB Accounting Office AP 3,326.00
230678 1/14/2022 Terryberry Company LLC AP 422.63
230679 1/14/2022 Thomson Reuters (Tax & Accounting) Inc. AP 424.07 230680 l / 14/2022 Turlock Spay Neuter Clinic LLC AP 1,100.00 230681 I / 14/2022 Adreana Cornejo AP 28.84
230682 l /14/2022 Balbina Flores AP 104.91
230683 1/14/2022 Evan Aragon AP 89.46
230684 1/14/2022 Liliana Langarica AP 47.50
230685 1/14/2022 Martina Ramirez AP 19.00
230686 1/ 14/2022 D.R. Horton AP 196.17
230687 1/14/2022 Esmeralda Diaz AP 174.64
230688 1/ 14/2022 D.R. Horton AP 177.01
230689 1/14/2022 Christopher Morikang AP 171.46
230690 1/14/2022 Jose & Maria Azevedo AP 104.91
230691 1/14/2022 Joseph Hanley AP 79.31
230692 1/14/2022 D.R. Horton AP 177.01
230693 1/14/2022 Court of Fountains, LLC AP I 1.01
230694 1/14/2022 Eli Mantel AP 158.77
230695 1/ 14/2022 D.R. Horton AP 172.79
230696 I / 14/2022 Cindy Rea Olivares AP 200.00
230697 1/ 14/2022 Dominic Carlucci AP 58.77
230698 1/14/2022 D.R. Horton AP 175.48
230699 1/14/2022 Redwood Holdings LLC AP 200.00
230700 1/14/2022 Naomi Townsend AP 142.24
230701 1/ 14/2022 Seth Steber AP 200.00
230702 1/14/2022 Alva Castaneda Delgado AP 52.44
230703 1/14/2022 D.R. Horton AP 167.43
230704 1/14/2022 D.R. Horton AP 177.01
230705 1/14/2022 Westhill Property Mgmt AP 174.64
230706 1/14/2022 Alana Villemez AP 171.46
230707 1/14/2022 Tiffany Hwang AP 171.46
230708 1/ 14/2022 D.R. Horton AP 180.84
230709 1/14/2022 Bourdet Family Trust AP 168.31
230710 1/14/2022 D.R. Horton AP 193.10
12 230711 1/14/2022 Jesse Acevedo AP 171.46
230712 1/14/2022 D.R. Horton AP 193.10
230713 1/ 14/2022 Tracey Dillard AP 54.21
230714 1/ 14/2022 D.R. Horton AP 164.75
230715 1/14/2022 Michael Sandoval AP 74.64
230716 1/14/2022 Court of Fountains, LLC AP 47.50
230717 1/14/2022 Court of Fountains, LLC AP 147.50
230718 1/ 14/2022 Realty Income Corporation AP 111.98
230719 1/14/2022 Law Offices of William A Vaughn AP 11 ,884.85 230720 1/ 14/2022 Westside Water Conditioning AP 202.00 230721 1/14/2022 Windecker Inc AP 7,937.92
230722 1/14/2022 Young's Air Conditioning AP 491.00
230723 1/ 14/2022 Young's Air Conditioning AP 162.00
230724 1/14/2022 Zee Medical Service Co AP 33.77
230725 l / 14/2022 Zalez 9004 LLC AP 848.25
230733 1/20/2022 Aflac-Customer Service AP 366.86
230734 1/20/2022 AFSCME District Council 57 AP 1,383.22 230735 1/20/2022 Los Banos Fitness & AP 354.00
230736 1/20/2022 Los Banos Police Assn AP 1,120.00
230737 1/20/2022 Los Banos Police Assn AP 280.00
230738 1/20/2022 MassMutual AP 1,258.51
230739 1/20/2022 MassMutual AP 3,580.00
230740 1/20/2022 Nationwide Retirement Solutions AP 4,855.00 230741 1/20/2022 Professional Fire Fighter AP 825.00
230742 1/20/2022 State Disbursement Unit AP 1,890.00
230743 1/20/2022 Vantagepont Transfer Agents - 306797 AP 911.90 230744 1/20/2022 Vantagepoint Transfer Agents - 801838 AP 6,075 .00 230745 I /21/2022 Anthony Gomes AP 370.00
230746 1/2 1/2022 Aramark Uniform Ser Inc AP 652.25
230747 1/21 /2022 Aramark Uniform & Career Apparel Group, Inc. AP 133.78 230748 1/21 /2022 AT&T AP 650.56
230749 1/21 /2022 Agee Construction Corp. AP 909.30
230750 1/21 /2022 Dorothy June Baker AP 26.10
230751 1/2 1/2022 Boot Barn AP 356.38
230752 1/21 /2022 Broadcast Music, Inc AP 391.00
230753 1/21 /2022 California Building Standards Commission AP 1,275.30 230754 1/21 /2022 CDTFA California Dept. of Tax & Fee AP 744.00 230755 1/21 12022 CENCAL Machine & Fabrication Inc. AP 2,804.30 230756 1/21/2022 Clark Pest Control Inc AP 95.00
230757 l/2 l /2022 Comcast AP 236.90
230758 1/21 /2022 LN Curtis & Sons AP 101.03
230759 1/21 /2022 Dept of Conservation AP 3,834.96
230760 1/21 /2022 Enginee1ing Unlimited Inc AP 1,012.09 230761 1/21/2022 Federal Express Corporation AP 11.06
230762 1/21 /2022 Gladwell Governmental Services, Inc. AP 500.00 230763 1/21 /2022 Gouveia Engineering Inc. AP 15,295.00 230764 I /21 /2022 Alyssa Grijalva AP 1,963.00
230765 1/21 /2022 Halcyon Creek Inc. AP 13,052.00
230766 1/21/2022 Holt of California AP 48.77
230767 1/2 1/2022 Laboratory Corporation of America Holdings AP 451.00 230768 1/21 /2022 Miriam Lopez AP 600.00
230769 1/21 /2022 Mark Thomas & company. Inc. AP 25,372.33 230770 1/21 /2022 Marfab Inc AP 157.65
230771 1/21/2022 Merced County Regional Waste Management Authority AP 3,996.50 13 230772 1/21 /2022 Mid-Valley Disposal LLC AP 232,491.75 230773 1/21 /2022 Modesto Janitorial Supply Center, Inc. AP 96.22 230774 1/21 /2022 Miguel Masso AP 600.00
230775 1/21 /2022 NDN International LLC AP 2,952.73
230776 1/21 /2022 Nielsen Merksamer Parrinello Gross & Leoni, LLP AP 825.50 230777 1/21/2022 OSE AP 233.76
230778 1/21 /2022 O'Reilly Auto Parts AP 14.13
230779 1/21 /2022 PG&E Company AP 99,774.13
230780 1/21 /2022 Pinnacle Healthcare Medical Group AP 223.00 230781 1/2 1/2022 Pitney Bowes Inc AP 61.47
230782 1/21 /2022 PlaceWorks, Inc. AP Void 7,955.00
230783 1/21 /2022 Premier Training Services, LLC AP 112.50 230784 1/21 /2022 Price Paige and Company Accountancy Corporation AP 7,043.00 230785 1/21 /2022 Provost and Pritchard Engineering, Inc. AP 5,837.48 230786 1/21 /2022 Reliable Termite Solutions, Inc. AP 95.00 230787 1/21 /2022 Ronny's Inc. AP 12,404.00
230788 1/21 /2022 Yanet Reyes AP 500.00
230789 1/21 /2022 Save Mart Supermarkets AP 5.64
230790 1/21 /2022 Seasons & Reasons, Lie AP 4,750.00
230791 1/21 /2022 Shred-It US JV LLC AP 776.06
230792 1/21 /2022 SIJ Holdings, Inc AP 1,554.10
230793 1/21 /2022 Sorensens True Value AP 440.97
230794 1/21 /2022 Sorensens True Value AP 91 .80
230795 1/21 /2022 Stantec Consulting Services, Inc. AP 6,798.00 230796 1/21 /2022 Terryberry Company LLC AP 347.57
230797 1/21 /2022 Vanir Construction Management, Inc. AP 2,127.95 230798 1/21 /2022 VCA Animal Hospitals, Inc. AP 219.50
230799 1/21 /2022 Westamerica Bank - Cafeteria Plan AP 68,830.63 230800 1/21 /2022 West Publishing Corporation AP 404.20 230801 1/21 /2022 Windecker Inc AP 2,707.33
Break in check sequence due to the following: Total Void Check Count: 2 Check # 230726 - # 230732 (Payroll) Total Void Check Amount: 9,405.00 Total Valid Check Count: 178
Total Valid Check Amount: 1,097,757.13
Total Check Count: 180
Total Check Amount: 1,107,162.13
14 LOsBanos
At tlic Crossroads of Cal~{<.nnia
Agenda Staff Report
TO: Mayor & City Council Members
FROM:

DATE:

Kim Tomas, City Treasurer/Accounting & Budget Supervisor@ February 2, 2022
TYPE OF REPORT: Consent Agenda
SUBJECT: Second Quarter Investment Report for 2021/2022 Recommendation:

To accept the quarterly investment report as submitted.

Background:

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

Fiscal Impact:

Informational only, no fiscal impact.

Josh PJ.
¥J 4!Y\ ~omltll If-~ lJ.]y_WOft'I) Sonya Williams, Finan ebirector Attachments:

City of Los Banos Second Quarter 2021/2022 Investment Report 15 THIS PAGE IS INTENTIONALLY LEFT BLANK
16 LOsBanos
At the Crossroads of California
In accordance with Government Code Section 53646 and the City of Los Banos Investment Policy, the following shall constitute the quarterly report of investments on behalf of the City of Los Banos:

Investment Balances
As of December 31, 2021
Amount Annual
Type of Investment Issuer Maturity Invested Percentage
Yield
LAIF (Local Agency State of Daily $66,341,336 0.22%
Investment Fund) California effective yield
Bonds, Treasury Money
Market Funds and CD's Wells Fargo Staggered $12,947,210 2.25% - 2.45% (Certificate of Deposits) Securities 5 years Investment Balance: $79,288,546

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

2. As of the date of this report, the remainder of the City of Los Banos' funds are deposited in Corporate Bonds, and various FDIC insured Certificates of Deposits held with Wells Fargo Securities, LLC.

Therefore, as provided by Governmental Code Section 53646 (e) attached are the most recent statement(s) received by the City of Los Banos.

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

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

5. It is expected that the City will be able to meet its projected expenditure requirements for the next six months.
17 THIS PAGE IS INTENTIONALLY LEFT BLANK
18 1/26/22, 12:46 PM
California State Treasurer
Fiona Ma, CPA
Local Agency Investment Fund
P.O. Box 942809
Sacramento, CA 94209-0001
(916) 653-3001

CITY OF LOS BANOS

CITY TREASURER
520 J STREET
LOS BANOS, CA 93635
Account Number:

December 2021 Statement
Account Summary
Total Deposit:

Total Withdrawal:
https ://laifms.treasurer .ca.g ovfReg ularStatement.aspx LAIF Regular Monthly Statement
January 26, 2022
LAIF Home
PMIA Average Monthly Yields
Tran T):P-e Definitions

0.00 Beginning Balance:

0.00 Ending Balance:
66,341 ,336.09
66,341,336.09
1/1
19 PMIA/LAIF Performance Report
as of 01/13/22
PMIA Average Monthly
Effective Yieldsl 1l
Quarterly Performance
QuarterEnded12/31/21
Dec
Nov
Oct

0.212

0.203

0.203
LAIF Apportionment Rate12 l:

LAIF Earnings Ratio12l:

LAIF Fair Value Factor11 l:

PMIA Daily11l:

PMIA Quarter to Date11l:

PMIA Average Life11l:

Pooled Money Investment Account
Monthly Portfolio Composition {ll
12/31/21
Time
Deposits

2.10%
Certificates of
Deposit/Bank Notes

7.39%
Agencies

18.20%
$181.4 billion
Corporate
Commercial Bonds
Paper O.ll%

6.33%
Treasuries

65.40%

0.23 0.00000625812849570

0.997439120

0.22%

0.21%
340
Chart does not include $6,716,000.00 in mortgages, which equates to 0.001%. Percentages may not total 100% due to rounding.

Daily rates are now available here. View PMIA Daily Rates Notes: The apportionment rote includes interest earned on the Co/PERS Supplemental Pension Payment pursuant to Government Code 20825 (c)(1) and interest earned on the Wildfire Fund loan pursuant to Public Utility Code 3288 (a).

Source:
1 11 State of California, Office of the Treasurer
1 21 State of Calfiornia, Office of the Controller
20 \
,_
■ SEOURITIES
Wells Fargo Bank, N.A.
45 FREMONT ST
FLOOR 34
SAN FRANCISCO, CA 94105-2204

WILLIAMS/LEWIS
1-415-644-9152
_)
Combined Summary
Brokerage Account and Bank Account
Statement Period
12/01/2021 - 12/31/2021

CITY OF LOS BANOS

ATTN MARTHA BRAZIL
Account Number
Total Account Value Summary -us Dollar rusoJ This summary does not reflect the -------------------------------------value of unpriced securities.

Amount Last Amount This % Repurchase agreements are reflected Statement Period Statement Period Portfolio at par value.

Cash $ 0.00 $ 0.00 0%
Money Market Mutual Funds 10,449,764.59 10,449,850.49 81% Bonds 2,502,306.55 2,497,359.21 19%
Stocks 0.00 0.00 0%
Total Account Value $ 12,952,071.14 $ 12,947,209.70 100% Value Change Since Last Statement Period $
Percent Decrease Since Last Statement Period
Value Last Year-End $
Percent Increase Since Last Year-End
(4,861.44)
0%
12,934,106.30
0%
***Includes amortized Par value of municipal leases and notes.

Total Income Summary uso
Interest
Dividends/Capital Gains
Money Market Mutual Funds Dividends
Other
Income Total
Total Interest Charged uso
Description
Debit Interest For December 2021
Total Interest Charged
$
$
This Period

0.00 $

0.00 85.90

0.00 85.90 $
$
Total Money Market Mutual Funds Summary uso
Description
Opening Balance
Deposits and Other Additions
Distributions and Other Subtractions
Dividends Reinvested
Change in Value
Closing Balance
$
$
Year-To-Date
73,272.21

0.00 1,345.60

0.00 74,617.81
This Period

0.00 0.00
Amount
10,449,764.59

0.00 0.00

85.90 0.00
10,449,850.49
11 I I I
21 - :t''k-'
■ SECURITIES
Wells Fargo Securities, LLC
45 FREMONT ST
FLOOR 34
SAN FRANCISCO, CA 94105-2204

WILLIAMS/LEWIS
1-415-644-9152
Brokerage Account Statement
Wells Fargo Securities, LLC

CITY OF LOS BANOS

ATTN MARTHA BRAZIL
Account Value Summary uso
Amount Last
age 1 of 2
Statement Period
12/01/2021 - 12/31/2021
Account Number
Amount This
This summary does not reflect the
value of unpriced securities.
% Repurchase agreements are reflected
Statement Period Statement Period Portfolio at par value.

Cash $ 0.00 $
Money Market Mutual Funds 0.00
Bonds 0.00
Stocks 0.00
Total Account Value $ 0.00 $
Value Change Since Last Statement Period $
Percent Increase Since Last Statement Period
Value Last Year-End $
Percent Increase Since Last Year-End
Income Summary uso
This Period
Interest
Dividends/Capital Gains
Money Market Mutual Funds Dividends
Other
Income Total
Interest Charged uso
Description
Debit Interest For December 2021
Total Interest Charged
$ 0.00 $

0.00 0.00

0.00 $ 0.00 $
$
Money Market Mutual Funds Summary uso
Description
Opening Balance
Deposits and Other Additions
Distributions and Other Subtractions
Dividends Reinvested
Change in Value
Closing Balance
$
$

0.00 0.00

0.00 0.00
N/A

0.00 N/A
Year-To-Date

0.00 0.00

0.00 This Period

0.00 0.00
Amount

0.00 0.00

0.00 0.00
I I
0%
0%
0%
0%
0%
22 Important Information
This statement is provided to customers of Wells Fargo Securities, LLC ("WFS"), broker dealer 0250. Statements are provided monthly for accounts with transactions and/or security positions. The account statement contains a list of securities held in safekeeping by WFS as of the statement date and provides details of purchase and sale transactions, the receipt and disbursement of cash and securities, and other activities relating to the account during the statement period.

For WFS customers who choose to maintain a safekeeping account at Wells Fargo Bank, N.A. ("Bank"}, this statement is accompanied by a separate Bank safekeeping statement. The Bank safekeeping statement, if applicable, contains a list of securities held in safekeeping by the Bank as of the statement date.

Pricing: Security and brokered certificate of deposit ("CD") prices shown on the statement are obtained from independent vendors or internal pricing models. While we believe the prices are reliable, we cannot guarantee their accuracy. For exchange-listed securities, the price provided is the closing price at month end. For unlisted securities, it is the "bid" price at month end. The price of CDs that mature in one year or less are shown at last price traded. The price of CDs that mature in greater than one year and of other instruments that trade infrequently are estimated using similar securities for which prices are available. Prices on the statement may not necessarily be obtained when the asset is sold.

Brokered CD Pricing: Like bonds, brokered CDs are subject to price fluctuation and the value of a CD, if sold prior to maturity, may be less than at the time of its purchase. Significant loss of principal could result.

While WFS generally makes a market in CDs it underwrites, the secondary market for CDs that it does not underwrite may be very limited.

In those cases, WFS will use its best efforts to help investors find a buyer.

SIPC: WFS is a member of the Securities Investor Protection Corporation ("SIPC"). In the event of insolvency or liquidation of WFS, securities held in safekeeping at WFS are covered by SIPC against the loss, but not investment risk, up to a maximum of $500,000 per customer, which includes a $250,000 limit on claims for cash held in the account. SIPC protection does not provide any protection whatsoever against investment risk, including the loss of principal on an investment. This coverage does not apply to securities held in safekeeping by the Bank. Additional information about SIPC, including a SIPC brochure, may be obtained by visiting www.sipc.org or by calling SIPC at 1-202-371-8300.

FINRA BrokerCheck Program: WFS is a member of the Financial Industry Regulatory Authority (FINRA). Under its BrokerCheck program, FINRA provides certain information regarding the disciplinary history of broker/dealers and their associated persons. Information can be obtained from the FINRA BrokerCheck program hotline number (1-800-289-9999) or the FINRA website (www.finra.org). A brochure describing the FINRA BrokerCheck program will be furnished upon written request.

Free Credit Balances: Any customer free credit balances may be used in the business of WFS subject to limitation of 17 CFR Section 240 § 15c(3)-3 under the Securities Exchange Act of 1934. In the course of normal business operations, a customer has the right to receive delivery of the following: any free credit balances to which he or she is entitled, any fully paid securities to which he or she is entitled, and any securities purchased on margin upon full payment of indebtedness to WFS.

Equity Order Routing: WFS will generally route equity and listed options orders taking into consideration among other factors, the quality and speed of execution, as well as the credits, cash or other payments it may receive from any exchange, broker-dealer or market center. This may not be true if a customer has directed or placed limits on any orders. Whenever possible, WFS will route orders in an attempt to obtain executions at prices equal or superior to the nationally displayed best bid or offer. WFS will also attempt to obtain the best execution regardless of any compensation it may receive. The nature and source of credits and payments WFS receives in connection with specific orders will be furnished to a customer upon request. WFS prepares quarterly reports describing its order routing practices for non-directed orders routed to a particular venue for execution. A printed copy of this report along with other compliance and regulatory information is available upon written request or by visiting: https://www.wellsfargo.com/com/securities/regulatory.

Equity Extended Hours Trading: See important information relating to equities trading before and after regular trading hours at:
www.wellsfargo.com/com/securities/requlatory.

Equity Open Orders: Open orders will remain in effect until executed or canceled by you. Failure to cancel an open order may result in the transaction being executed for your account. WFS has no responsibility to cancel an open order at its own initiative.

Dividend Reinvestment: In any dividend reinvestment transaction, WFS acted as agent. Additional information regarding transactions of this nature will be furnished to a customer upon written request.

Account Transfers: A fee will be charged to customers transferring their existing WFS account to another broker/dealer or any other financial institution.

Non-deposit investment products recommended, offered or sold by WFS, including mutual funds, are not federally insured or guaranteed by or obligations of the Federal Deposit Insurance Corporation ("FDIC"), the Federal Reserve System or any other agency; are not bank deposits; are not obligations of, or endorsed or guaranteed in any way by any bank or WFS; and are subject to risk, including the possible loss of principal, that may cause the value of the investment and investment return to fluctuate.

When the investment is sold, the value may be higher or lower than the amount originally invested. WFS is a subsidiary of Wells Fargo & Company, is not a bank or thrift, and is separate from any other affiliated bank or thrift. WFS is a registered broker-dealer and member of FINRA. No affiliate of WFS is responsible for the securities sold by WFS.

Page 2 of 2 ends

Mutual Funds: The distributor of Wells Fargo Funds is affiliated with WFS/Wells Fargo Securities, LLC.

Institutional Prime and Institutional Tax Exempt money market mutual funds are required to price and transact at a net asset value ("NAV") per share that fluctuates based upon the pricing of the underlying portfolio of securities and this requirement may impact the value of those fund shares. Additionally, Institutional Prime and Institutional Tax Exempt funds may be subject to redemption fees and/or gates that can affect the availability of funds invested.

Mutual funds are sold by prospectus, which includes more complete information on risks, charges, expenses and other matters of interest.

Investors should read the prospectus carefully before investing.

Financial Statements: WFS financial statements are available upon request.

Trade Confirmations: Investment purchases and sales are subject to the terms and conditions stated on the trade confirmation relating to that transaction. In the event of a conflict between the trade confirmation and this statement, the trade confirmation will govern.

Listed Options: Commissions and other charges related to the execution of listed option transactions have been included in confirmations of such transactions that have been previously furnished and are available upon request. Promptly advise your WFS sales representative of any material change in your investment objectives or financial situation.

Customer Complaints and Reporting Discrepancies: Customer complaints, statement reporting inaccuracies or discrepancies should be promptly reported in writing to:

Customer Service
90 South 7th Street
5th Floor, MAC N9305-05F
Minneapolis, MN 55402-
[email protected]
Customers may also report complaints, inaccuracies or discrepancies by calling 1-800-645-3751 option 5. International callers should call 1-877-856-8878. To further protect their rights, including rights under the Securities Investor Protection Act, customers should also re-confirm in writing to the above address any oral communications with WFS relating to the inaccuracies or discrepancies.

Wells Fargo Bank, N.A. Institutional Deposit: Funds invested in the Institutional Deposit are on deposit at Wells Fargo Bank, N.A. and balances are insured by the Federal Deposit Insurance Corporation ("FDIC") up to the full amount allowable by law. Institutional Deposit balances are not insured by the Securities Investor Protection Corporation ("SIPC"). For further details, see the Institutional Deposit Product Description.
23 THIS PAGE IS INTENTIONALLY LEFT BLANK
24 .... __
■ SEOO'RITIES
Wells Fargo Bank, N.A.
45 FREMONT ST
FLOOR 34
SAN FRANCISCO, CA 94105-2204

WILLIAMS/LEWIS
1-415-644-9152
i
age 1 of 3
Bank Account Statement
Wells Fargo Bank, N.A.

Statement Period
12/01/2021 - 12/31/2021

CITY OF LOS BANOS

ATTN MARTHA BRAZIL
Account Number
Account Value Summary uso This summary does not reflect the -----------------------------------■ value of unpriced securities. Amount Last Amount This % Repurchase agreements are reflected Statement Period Statement Period Portfolio at par value.

Cash $ 0.00 $ 0.00 0%
Money Market Mutual Funds 10,449,764.59 10,449,850.49 81 % Bonds 2,502,306.55 2,497,359.21 19%
Stocks 0.00 0.00 0%
Total Account Value $ 12,952,071 .14 $ 12,947,209.70 100% Value Change Since Last Statement Period
Percent Decrease Since Last Statement Period
Value Last Year-End
Percent Increase Since Last Year-End
Income Summary uso
Interest $
Dividends/Capital Gains
Money Market Mutual Funds Dividends
Other
Income Total $
Interest Charged uso
Description
Debit Interest For December 2021
Total Interest Charged
$ (4,861.44)
$
This Period

0.00 0.00

85.90 0.00

85.90 0%
12,934,106.30
0%
Year-To-Date
$ 73,272.21

0.00 1,345.60

0.00 $ 74,617.81
This Period

0.00 $ 0.00
Money Market Mutual Funds Summary uso
Description Amount
Opening Balance $ 10,449,764.59
Deposits and Other Additions 0.00
Distributions and Other Subtractions 0.00
Dividends Reinvested 85.90
Change in Value 0.00
Closing Balance $ 10,449,850.49
11 I I I
25 Important Information
This statement is provided to customers of Wells Fargo Securities, LLC ("WFS"), broker dealer 0250. Statements are provided monthly for accounts with transactions and/or security positions. The account statement contains a list of securities held in safekeeping by WFS as of the statement date and provides details of purchase and sale transactions, the receipt and disbursement of cash and securities, and other activities relating to the account during the statement period.

For WFS customers who choose to maintain a safekeeping account at Wells Fargo Bank, N.A. ("Bank"), this statement is accompanied by a separate Bank safekeeping statement. The Bank safekeeping statement, if applicable, contains a list of securities held in safekeeping by the Bank as of the statement date.

While WFS generally makes a market in CDs it underwrites, the secondary market for CDs that it does not underwrite may be very limited.

In those cases, WFS wi ll use its best efforts to help investors find a buyer.

Equity Order Routing: WFS will generally route equity and listed options orders taking into consideration among other factors , the quality and speed of execution, as wel l as the credits, cash or other payments it may receive from any exchange, broker-dealer or market center. This may not be true if a customer has directed or placed limits on any orders. Whenever possible, WFS will route orders in an attempt to obtain executions at prices equal or superior to the nationally displayed best bid or offer. WFS will also attempt to obtain the best execution regardless of any compensation it may receive. The nature and source of credits and payments WFS receives in connection with specific orders wil l be furnished to a customer upon request. WFS prepares quarterly reports describing its order routing practices for non-directed orders routed to a particular venue for execution. A printed copy of this report along with other compliance and regulatory information is available upon written request or by visiting: https://ww\1/._'N~lsfargo.com/com/securities/regulatory.

Equity Extended Hours Trading: See important information relating to equities trading before and after regular trading hours at:
www.wellsfargo.com/com/securities/regulatory.

Dividend Reinvestment: In any dividend reinvestment transaction, WFS acted as agent. Additional information regarding transactions of this nature will be furnished to a customer upon written request.

Account Transfers: A fee will be charged to customers transferring their existing WFS account to another broker/dealer or any other financial institution.

Page 2 of 3 ends

Mutual Funds: The distributor of Wells Fargo Funds is affiliated with WFS/Wells Fargo Securities, LLC.

Institutional Prime and Institutional Tax Exempt money market mutual funds are required to price and transact at a net asset value ("NAV") per share that fluctuates based upon the pricing of the underlying portfolio of securities and this requirement may impact the value of those fund shares. Additionally , Institutional Prime and Institutional Tax Exempt funds may be subject to redemption fees and/or gates that can affect the availability of funds invested.

Mutual funds are sold by prospectus, which includes more complete information on risks, charges, expenses and other matters of interest.

Investors should read the prospectus carefully before investing.

Financial Statements: WFS financial statements are available upon request.

Customer Complaints and Reporting Discrepancies: Customer complaints, statement reporting inaccuracies or discrepancies should be promptly reported in writing to:

Customer Service
90 South 7th Street
5th Floor, MAC N9305-05F
Minneapolis, MN 55402
[email protected]
Customers may also report complaints, inaccuracies or discrepancies by calling 1-800-645-3751 option 5. International callers should call 1-877-856-8878. To further protect their rights, including rights under the Securities Investor Protection Act, customers should also re-confirm in writing to the above address any oral communications with WFS relating to the inaccuracies or discrepancies.

CITY OF LOS BANOS
Account Number:

Portfolio Holdings Security positions held with Wells Fargo Bank N.A.

Security ID Description Maturity Date
Bonds USO
8562846A7 STATE BANK OF INDIA INTEREST 01/26/22

BEARING CERTIFICATE OF DEPOSIT
2546723C0 DISCOVER BANK INTEREST BEARING 02/15/22

CERTIFICATE OF DEPOSIT
13063DAD0 CALIFORNIA ST TXBL-HIGH-SPEED 04/01/22
PASSENGER TAAi
02587DN38 AMERICAN EXPR CENTURION 04/05/22

INTEREST BEARING CERTIFICATE

OF DEPOSIT
02587CEM8 AMERICAN EXPRESS BK FSB 05/03/22

INTEREST BEARING CERTIFICATE

OF DEPOSIT
·see important information regarding security pricing on Page 2.

Current Par / Market
Coupon Original P_?r ___ Price*

2.250% 245,000.000 100.1442

2.250% 245,000.000 100.2552

2.367% 1,500,000.000 100.5446

2.450% 245,000.000 100.5798

2.350% 250,000.000 100.7166
2,485,000.000
**Total amount that is pledged to or held for another party or parties. Refer to the Pledge Detail Report for more information.

Money Market Fund Activity
AGI 100% Trea Adm 3722
*As of December 31 , 2021
USO
Transaction
Date
12/01/21
Activity
Beginning Balance
Reinvest
Ending Balance
Shares

85.90000
Dividend paid
this period

85.90 Price

1.0000

1.0000
7 day*
simple yield

0.010%
Market Value _@l
10,449,764.59
10,449,850.49
- Page 3 of 3
Statement Ending: December 31, 2021
Market
Value
245,353.39
245,625.24
1,508,168.70
246,420.47
251,791.41
2,497,359.21
30 day•
simple yield

0.010%
Dividend Amount

85.90 11
Original Par
Pled_ged**

0.00 Callable
N
Share Balance
10,449, 764.59000
10,449,850.49000
10,449,850.49000

I I I I
27 THIS PAGE IS INTENTIONALLY LEFT BLANK
28 CITY OF LOS BANOS

CITY COUNCIL MEETING MINUTES
JANUARY 5, 2022
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.

SPECIAL NOTE: This meeting was held by teleconference due to the COVID-19 Pandemic and in accordance with Assembly Bill 361.

CALL TO ORDER: Mayor Faria called the City Council Meeting to order at the hour of 6:06 p.m.

PLEDGE OF ALLEGIANCE: Police Chief Brizzee led the pledge of allegiance.

ROLL CALL - MEMBERS OF THE CITY COUNCIL PRESENT: Council Members Brett Jones, Kenneth Lambert, Deborah Lewis, Refugio Llamas, Mayor Manuel Thomas Faria Ill; ABSENT: None.

STAFF MEMBERS PRESENT: City Manager Pinheiro, City Attorney Vaughn, City Clerk/Human Resources Director Mallonee, Finance Director Williams, Community & Economic Development Director Elms, Police Chief Brizzee, Fire Chief Hurley, Interim Public Works Director Bowersox.

CONSIDERATION OF APPROVAL OF AGENDA: Motion by Lambert, seconded by Llamas to approve the agenda as submitted. The motion carried by the following roll call vote: AYES: Jones, Lambert, Lewis, Llamas, Mayor Faria; NOES: None; ABSENT:

None.

PRESENTATIONS.

PROCLAMATION - RECOGNIZING THE RETIREMENT OF CITY OF LOS BANOS FIRE CAPTAIN EDWARD VIERRA. Mayor Faria read the proclamation

PROCLAMATION - RECOGNIZING THE RETIREMENT OF CITY OF LOS BANOS FIRE ENGINEER MARK FRONTELLA. Mayor Faria read and presented the proclamation to Mark Frontella who was in attendance at the meeting to accept the proclamation.

PROCLAMATION - RECOGNIZING REVEREND DR. MARTIN LUTHER KING, JR.

DAY. Mayor Faria read and presented the proclamation to Edward Vierra.

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 29 A FIVE (5) MINUTE PRESENTATION. DETAILED GUIDELINES ARE POSTED ON THE COUNCIL CHAMBER INFORMATIONAL TABLE. Mayor Faria opened the public forum and asked those participating in the meeting if they would like to speak: SANDRA BENETT!, representative with Peninsula Clean Energy spoke regarding roof top solar systems regarding their energy services, which will begin April 2022, virtual workshop on January 20, 2022 @ 6:00 pm. Mayor Faria then asked City Clerk Mallonee if she had received any comments, for which City Clerk Mallonee stated that she received no comments to be read into the record. 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 78 - City Council Resolution No. 6442 - Adopting a Revised Budget for the 2021-2022 Fiscal Year as it pertains to Increasing Expenditures in the Police Department Code Enforcement, General Materials and Supplies Account in the Amount of $20,000 for discussion.

Police Chief Brizzee presented the staff report for item 78 - City Council Resolution No. 6442 - Adopting a Revised Budget for the 2021-2022 Fiscal Year as it pertains to Increasing Expenditures in the Police Department Code Enforcement, General Materials and Supplies Account in the Amount of $20,000. Council Member Lewis inquired as to the items being provided, are there other agencies monies being provided or items being provided for which Police Chief Brizzee responded to. Council Member Llamas inquired as to how many entry/exit points will there be, how it will be patrolled and inspected, for which Police Chief Brizzee responded to.

Motion by Jones seconded by Lambert to approve the consent agenda as follows: Check Register for #230188 -#230510 in the Amount of $1,151,118.08; City Council Resolution No. 6442 - Adopting a Revised Budget for the 2021-2022 Fiscal Year as it Pertains to Increasing Expenditures in the Police Department Code Enforcement, General Materials and Supplies Account in the Amount of $20,000; City Council Resolution No. 6443 - Reauthorizing Remote Teleconference Meetings of the Legislative Bodies of the City of Los Banos Pursuant to the Provisions of AB 361 The motion carried by the following roll call vote: AYES: Jones, Lambert, Lewis, Llamas, Mayor Faria; NOES: None; ABSENT:

None.

PUBLIC HEARING-TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF A MITIGATED NEGATIVE DECLARATION (SCH #2014091056) IN ACCORDANCE

WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR THE AMG & ASSOCIATES, LLC INDUSTRIAL ANNEXATION AND PRE-ZONE 2013-01, AND

ASSOCIATED PRE-ANNEXATION DEVELOPMENT AGREEMENT FOR A

PROPOSED PROJECT LOCATED ON THE SOUTHEAST CORNER OF OVERLAND

AVENUE AND JOHNSON ROAD, ADJACENT TO THE NORTHWESTERN
BOUNDARY OF THE CITY OF LOS BANOS IN MERCED COUNTY, APN 081-110-007:

CITY COUNCIL RESOLUTION NO. 6444 - APPROVING SUBSEQUENT MITIGATED NEGATIVE DECLARATION (SCH #2014091056) ASSOCIATED MITIGATION MONITORING PROGRAM FOR AMG & ASSOCIATES, LLC: ORDINANCE NO. 1193 - APPROVING A PRE ANNEXATION DEVELOPMENT AGREEMENT BETWEEN THE

CITY OF LOS BANOS AND AMG & ASSOCIATES, LLC FOR THE ANNEXATION OF 30 APPROXIMATELY 28.5 ACRES GENERALLY LOCATED AT THE SOUTHEAST

CORNER OF OVERLAND AVENUE AND JOHNSON ROAD MORE SPECIFICALLY IDENTIFIED AS ASSESSOR'S PARCEL NUMBER 081-110-007 [AMG INDUSTRIAL BUSINESS PARK ANNEXATION) (FIRST READING & INTRODUCTION). Community & Economic Development Director Souza Elms presented the staff report, which included a PowerPoint presentation. She noted that the received a written comment from CCID requesting support of detachment of the acres as requested and presented for which Community & Economic Development Director Elms spoke to the detachment.

There was Council Member and staff discussion regarding how nice it is to see that this is industrial property and how it will be detached.

Mayor Faria opened the public hearing. DAVID PARKS spoke regarding how this property is zoned industrial and asked why they want to be detached apart from the City and what are their plans, he stated that he would rather it be farmable land for which Community & Economic Development Director Elms responded; MARIA FATIMA SEQUEIRA, representing CCID, spoke regarding the history of this parcel and the reasoning behind the request. Mayor Faria then asked City Clerk Mallonee if she had received any comments, for which City Clerk Mallonee stated that she received no comments to be read into the record. No one else came forward to speak and the public forum was closed.

Motion by Jones, seconded by Llamas to adopt City Council Resolution No. 6444 - Approving Subsequent Mitigated Negative Declaration (SCH #2014091056) Associated Mitigation Monitoring Program for AMG & Associates, LLC. The motion carried by the following roll call vote: AYES: Jones, Lambert, Lewis, Llamas, Mayor Faria; NOES:

None; ABSENT: None.

Motion by Jones, seconded by Llamas to waive the first reading of Ordinance No. 1193 - Approving a Pre Annexation Development Agreement between the City of Los Banos and AMG & Associates, LLC for the Annexation of Approximately 28.5 Acres Generally Located at the Southeast Corner of Overland Avenue and Johnson Road More Specifically Identified as Assessor's Parcel Number 081-110-007 [AMG Industrial Business Park Annexation]. The motion carried by the following roll call vote: A YES:

Jones, Lambert, Lewis, Llamas, Mayor Faria; NOES: None; ABSENT: None.

Motion by Jones, seconded by Llamas to introduce Ordinance No. 1193 - Approving a Pre Annexation Development Agreement between the City of Los Banos and AMG & Associates, LLC for the Annexation of Approximately 28.5 Acres Generally Located at the Southeast Corner of Overland Avenue and Johnson Road More Specifically Identified as Assessor's Parcel Number 081-110-007 [AMG Industrial Business Park Annexation]. The motion carried by the following roll call vote: A YES: Jones, Lambert, Lewis, Llamas, Mayor Faria; NOES: None; ABSENT: None.

ORGANIC WASTE DISPOSAL REDUCTION ORDINANCE; ORDINANCE NO. 1194- ADDING CHAPTER 3.2 (ORGANIC WASTE DISPOSAL REDUCTION) TO TITLE 6 (SANITATION AND HEALTH) OF THE LOS BANOS MUNICIPAL CODE (FIRST 31 READING & INTRODUCTION). Public Works Operations Manager Via presented the staff report, which included a PowerPoint presentation.

There was Council Member and staff discussion regarding the good waste going into the green container and how it would like to see if we could get those little buckets that you could sit on your sink to for good waste be made available for purchase in our community Motion by Jones, seconded by Lambert to waive the first reading of Ordinance No. 1194 - Adding Chapter 3.2 (Organic Waste Disposal Reduction) to Title 6 (Sanitation and Health) of the Los Banos Municipal Code. The motion carried by the following roll call vote: AYES: Jones, Lambert, Lewis, Mayor Faria; NOES: Llamas; ABSENT: None.

Motion by Jones, seconded by Lambert to introduce Ordinance No. 1194 - Adding Chapter 3.2 (Organic Waste Disposal Reduction) to Title 6 (Sanitation and Health) of the Los Banos Municipal Code. The motion carried by the following roll call vote: A YES:

Jones, Lambert, Lewis, Mayor Faria; NOES: Llamas; ABSENT: None.

ACCEPTANCE OF GRANT DEEDS FROM THE LOS BANOS DESIGNATED LOCAL

AUTHORITY (DLA), AS SUCCESSOR AGENCY TO THE FORMER LOS BANOS REDEVELOPMENT AGENCY (RDA) TO THE CITY OF LOS BANOS: CITY COUNCIL RESOLUTION NO. 6445 - ACCEPTING THE GRANT DEED FROM THE LOS BANOS

DLA, AS SUCCESSOR AGENCY TO THE FORMER LOS BANOS RDA TO THE CITY OF LOS BANOS, .68 ACRE PARCEL LOCATED BETWEEN MERCEY SPRINGS ROAD AND THE FUTURE 10TH STREET EXTENSION: CURRENTLY ZONED RAIL CORRIDOR (RC), APN 026-141-002, PARTIALLY DEVELOPED WITH A PUBLIC WALKING TRAIL: CITY COUNCIL RESOLUTION NO. 6446 - ACCEPTING THE

GRANT DEED FROM THE LOS BANOS DLA, AS SUCCESSOR AGENCY TO THE FORMER LOS BANOS RDA TO THE CITY OF LOS BANOS, 1.3 ACRE PARCEL LOCATED BETWEEN MERCEY SPRINGS ROAD AND THE FUTURE 1 OTH STREET EXTENSION: CURRENTLY ZONED RAIL CORRIDOR (RC), APN 026-171-011:

PARTIALLY DEVELOPED WITH A PUBLIC WALKING TRAIL, AND A 2.0 ACRE PARCEL, LOCATED BETWEEN MERCEY SPRINGS ROAD AND THE FUTURE 10TH STREET EXTENSION: CURRENTLY ZONED RAIL CORRIDOR (RC), APN 026-161- 001. City Attorney Vaughn presented the staff report.

There was Council Member and staff discussion regarding the types of uses planned for these properties for which City Attorney Vaughn responded to.

Motion by Jones, seconded by Lambert to adopt City Council Resolution No. 6445 - Accepting the Grant Deed from the Los Banos DLA, as Successor Agency to the Former Los Banos RDA to the City of Los Banos, .68 Acre Parcel Located between Mercey Springs Road and the Future 10th Street Extension; Currently Zoned Rail Corridor (RC), APN 026-141-002, Partially Developed with a Public Walking Trail. The motion carried by the following roll call vote: AYES: Jones, Lambert, Lewis, Llamas, Mayor Faria; NOES: None; ABSENT: None.

Motion by Lambert, seconded by Llamas to adopt City Council Resolution No. 6446 - Accepting the Grant Deed from the Los Banos DLA, as Successor Agency to the Former 32 Los Banos RDA to the City of Los Banos, 1.3 Acre Parcel Located between Mercey Springs Road and the Future 10th Street Extension; Currently Zoned Rail Corridor (RC), APN 026-171-011 ; Partially Developed with a Public Walking Trail, and a 2.0 Acre Parcel, Located between Mercey Springs Road and the Future 10th Street Extension; Currently Zoned Rail Corridor (RC), APN 026-161-001. The motion carried by the following roll call vote: AYES: Jones, Lambert, Lewis, Llamas, Mayor Faria; NOES: None; ABSENT:

None.

Council Member Lambert stated that he has been advised by the City Attorney that since his place of business is within 500 feet of this property that he cannot participate in this item and left the City Council Meeting.

ACCEPTANCE OF GRANT DEED FROM THE LOS BANOS DESIGNATED LOCAL

AUTHORITY (DLA), AS SUCCESSOR AGENCY TO THE FORMER LOS BANOS REDEVELOPMENT AGENCY (RDA) TO THE CITY OF LOS BANOS: CITY COUNCIL RESOLUTION NO. 6447 - ACCEPTING THE GRANT DEED FROM THE LOS BANOS

DLA, AS SUCCESSOR AGENCY TO THE FORMER LOS BANOS RDA TO THE CITY OF LOS BANOS, 5.63 ACRE PARCEL LOCATED BETWEEN 7TH STREET AND THE FUTURE 10TH STREET EXTENSION; CURRENTLY ZONED RAIL CORRIDOR (RC), APN 025-114-010, DEVELOPED WITH A PUBLIC WALKING TRAIL. City Attorney Vaughn presented the staff report.

Motion by Jones, seconded by Llamas to adopt City Council Resolution No. 6447 - Accepting the Grant Deed from the Los Banos DLA, as Successor Agency to the Former Los Banos RDA to the City of Los Banos, 5.63 Acre Parcel Located between 7th Street and the Future 10th Street Extension; Currently Zoned Rail Corridor (RC), APN 025-114- 010, Developed with a Public Walking Trail.. The motion carried by the following roll call vote: AYES: Jones, Lewis, Llamas, Mayor Faria; NOES: None; ABSTAIN: Lambert; ABSENT: None.

Council Member Lambert returned to the meeting.

ADVISEMENT OF PUBLIC NOTICES (NO REPORT).

CITY MANAGER REPORT. City Manager Pinheiro wished everyone a happy New Year, a big thank you to Mark Frontella and Eddie Vierra for all their years of service as Fire Fighters for the City of Los Banos, gave big recognition to the Los Banos Police Department on working very hard and being very proactive and reducing the homicide and shooting rate down in 2021 and thanked Police Chief Brizzee for his leadership and his department and all their hard work.

REPORT/UPDATE ON MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG), PENINSULA CLEAN ENERGY (PCE), AND MEASURE V COMMITTEE.

Mayor Faria spoke regarding highlights of the year: MCAG expanded The Bus service in the Westside this last year, coordination with CalTrans and the signal lighting synchronization to move traffic along Pacheco Boulevard, and progress on the Pioneer Corridor project, Measure V: Has generated $91 million county-wide; PCE will be having virtual meetings to help with the transition to the new service in April 2022. 33 CITY COUNCIL MEMBER REPORTS.

BRETT JONES: No report
KENNETH LAMBERT: No report
DEBORAH LEWIS: No report
REFUGIO LLAMAS: Council Member Llamas spoke regarding the upcoming Los Banos Rotary Club is having their annual crab feed on April 1, 2022; with concerns on public safety (police/fire) as we have this suburban sprawl and it will make more stress and maybe instead of hiring an assistant fire chief instead hire new fire fighters and look at ways to reallocate that money.

MAYOR TOM FARIA: Mayor Faria stated that a letter was sent out regarding the City's water quality and he noted that the city's water was never a danger to the residents, the well in question was not online, the well has not supplied water since October 2021 .

Spoke regarding how the Fire Department was able to distribute COVID-19 tests to the community.

CLOSED SESSION - PUBLIC EMPLOYEE PERFORMANCE EVALUATION, TITLE:

CITY MANAGER, PURSUANT TO GOVERNMENT CODE SECTION 54957. No reportable action.

ADJOURNMENT. Motion by Lambert, seconded by Llamas, the meeting was adjourned at 9:46 p.m. The motion carried by the following roll call vote: A YES: Jones, Lambert, Lewis, Llamas, Mayor Faria; NOES: None; ABSENT: None.

APPROVED:

Manuel Thomas Faria Ill, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
34 LOsBanos
A tlu Crossroads,~{ C.alijon,ia
Agenda Staff Report
TO: Mayor Faria and City Council Members
FROM: William A. Vaughn, City Attorney
DATE: February 2, 2022
TYPE OF REPORT: Consent Agenda
SUBJECT: Continuation of Virtual Meetings - Per AB 361

RECOMMENDATION
Adopt Resolution No. __ _

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

REAUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE LEGISLATIVE BODIES OF THE CITY OF LOS BANOS PURSUANT TO THE PROVISIONS OF AB 361

BACKGROUND
California's Ralph M. Brown Act has been amended to allow fully virtual public meetings during a state of emergency after the Governor signed Assembly Bill 361 into law on September 16, 2021.

DISCUSSION
The new law comes as local public agencies were preparing for the expiration of Executive Orders that currently allow virtual public meetings. AB 361 goes into effect immediately, and it amends Section 54953 of the Brown Act to allow virtual public meetings through January 1, 2024 in any of the following circumstances:
35 1. The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing.

2. The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.

3. The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.

These circumstances allow agencies to hold entirely virtual public meetings during the current pandemic, while California is in a proclaimed state of emergency.

The previous teleconference rules under the Brown Act also remain in place, but are not as flexible (for instance each teleconference location must be identified in the agenda and the teleconference location must be accessible by the public).

If a City Council or City Commission meeting is held virtually under the new provisions of AB 361, the agenda must still be posted under the appropriate timelines:
72 hours in advance for a regular meeting, and 24 hours in advance for a special City Council meeting. The agenda must include the meeting link or dial-in, so that members of the public may access the meeting. Members of the public must be allowed to address the City Council or City Commission in real-time during the meeting. In addition to the real-time public comments; the City can continue to allow public comments to be submitted in advance.

AB 361 also has special provisions for technical glitches. In the event the meeting broadcast is disrupted, or if a technical issue on the agency's end disrupts public comment, the City Council cannot take any further action on the agenda until the technical issue is resolved.

Most significantly, in order to continue to hold virtual meetings when a state of emergency remains active, the City Council must make findings every 30 days that 1) the City Council has reconsidered the circumstances of the state of emergency and 2) the state of emergency continues to directly impact the ability of the members to meet safely in person or state or local officials continue to impose or recommend measures to promote social distancing.

The City Council previously adopted a Resolution 6405, on October 6, 2021, finding that the requisite conditions exist for the legislative bodies of the City of Los Banos to conduct remote teleconference meetings without compliance with paragraph (3) of subdivision (b) of section 54953. Those conditions have not changed and continue to exist. In fact, on November 10, 2021, Governor Gavin Newsom signed Executive Order N-21-21 which extended through March 31, 2022, the state of emergency in California related to the threat of COVID-19. And on January 5, 2022 as mitigation for the 36 Omicron variant, the California Department of Public Health (CDPH) extended the requirement that masks to be worn by all employees in all indoor public settings, irrespective of vaccine status, through February 15, 2022. Staff is recommending that the City Council reauthorize remote teleconference meetings of the legislative bodies of the City of Los Banos pursuant to the provisions of AB 361 by adoption of the attached Resolution.

FISCAL IMPACT
None.

CONCLUSION
Staff is recommending that for the time being City Council meetings continue to be held virtually pursuant to and under the requirements of AB 361 as outlined above.

Reviewed by:

Sonya Williams,
Finance Director
'
Josh Pi
City M ger
37 THIS PAGE IS INTENTIONALLY LEFT BLANK
38 RESOLUTION NO. ---

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

REAUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE

LEGISLATIVE BODIES OF THE CITY OF LOS BANOS PURSUANT TO THE PROVISIONS OFAB 361
WHEREAS, all meetings of the City of Los Banos' legislative bodies are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code 54950 - 54963), so that any member of the public may attend, participate, and watch the City's legislative bodies conduct their business; and
WHEREAS, on September 16, 2021 Governor Gavin Newsom signed into law AB 361, extending the authority of public agencies to conduct meetings by teleconference, including video conference, during the COVID-19 pandemic; and WHEREAS, in light of the on-going pandemic, AB 361 amends the Brown Act (specifically Government Code section 54953) and gives public agencies the option to continue meeting virtually under certain circumstances; and WHEREAS, Government Code section 54953(e), makes provisions for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions; and
WHEREAS, a required condition is that a state of emergency is declared by the Governor pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code section 8558; and WHEREAS, it is further required that state or local officials have imposed or recommended measures to promote social distancing, or, the legislative body meeting in person would present imminent risks to the health and safety of attendees; and WHEREAS, the City Council previously adopted a Resolution 6405, on October 6, 2021, finding that the requisite conditions exist for the legislative bodies of the City of Los Banos to conduct remote teleconference meetings without compliance with paragraph (3) of subdivision (b) of section 54953; and
WHEREAS, as a condition of extending the use of the provisions found in section 54953(e), the City Council must reconsider the circumstances of the state of emergency that exists in the City of Los Banos, and the City Council has done so; and WHEREAS, such conditions continue to exist in the City of Los Banos; and 39 WHEREAS, Governor Gavin Newsom declared a statewide emergency over the COVID-19 pandemic on March 4, 2020; and
WHEREAS, on June 17, 2021 , Cal/OSHA issued new emergency temporary standards (ETS) on COVID-19 infection prevention for the workplace (subsequently revised on December 16, 2021). The regulations require all individuals at City worksites to abide by certain rules, including wearing face coverings and socially distancing; and WHEREAS, on November 10, 2021, Governor Gavin Newsom signed Executive Order N-21-21 which extended through March 31, 2022, the state of emergency in California related to the threat of COVID-19; and
WHEREAS, on January 5, 2022 as mitigation for the Omicron variant, the California Department of Public Health (CDPH) extended the requirement that masks to be worn by all employees in all indoor public settings, irrespective of vaccine status, through February 15, 2022; and
WHEREAS, as a consequence of the declared statewide emergency; the guidance and orders of the State Public Health Officer; and the Cal/OSHA temporary standards (ETS) on COVID-19 infection prevention for the workplace, the Los Banos City Council does hereby find that the legislative bodies of the City of Los Banos shall continue to conduct their meetings without compliance with paragraph (3) of subdivision (b) of Government Code section 54953, as authorized by subdivision (e) of section 54953, and that such legislative bodies shall comply with the requirements to provide the public with access to the meetings as prescribed in paragraph (2) of subdivision (e) of section 54953.

NOW THEREFORE, the CITY COUNCIL OF THE CITY OF LOS BANOS, DOES HEREBY RESOLVE, DECLARE, DETERMINE and ORDER AS FOLLOWS:

Section 1 . Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.

Section 2. Affirmation. The City Council hereby finds that the requisite conditions exist for the legislative bodies of the City of Los Banos to conduct remote teleconference meetings without compliance with paragraph (3) of subdivision (b) of section 54953.

Section 3. Remote Teleconference Meetings. The City Manager, the Management Staff, and legislative bodies of the City of Los Banos are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution including, conducting open and public meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act.

Section 4. Effective Date of Resolution. This Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of (i) 30 days from adoption, or such time the City Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the legislative 40 bodies of City of Los Banos may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953.

The foregoing resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 2nd day of February 2022, by Council Member _____ who moved for its adoption, which motion was duly seconded by Council Member ______ , and the Resolution was adopted by the following vote:

AYES:

NOES:

ABSENT:

APPROVED:

Manuel Thomas Faria, Ill, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
41 THIS PAGE IS INTENTIONALLY LEFT BLANK
42 LOsBanos
At: the Crossroa'1s of Cal~fornia
Agenda Staff Report
TO: Mayor Faria and City Council Members
FROM:

DATE:

Stacy Souza Elms, Community and Economic Development Director 1'e.

February 2, 2022
TYPE OF REPORT: Consent Agenda
SUBJECT: Authorizing the Execution of a Contract Amendment with PlaceWorks and Budget Amendment for the Los Banos General Plan Update
Recommendation:

Staff recommends the City Council authorize the execution of a contract amendment with PlaceWorks for consulting services for the Los Banos General Plan Update and adopt a resolution to revise the budget for the 2021-2022 Fiscal Year as it pertains to expenditures for the Los Banos General Plan Update.

Background:

On October 18, 2017, the Los Banos City Council authorized the execution of a Professional Service Agreement in the amount of $669,393 with PlaceWorks for the Los Banos General Plan Update. Funds have been committed since 2017 for the General Plan Update. In addition, the City has been fortunate to receive two (2) State SB2 Planning Grants (PGP & LEAP) that have been utilized to fund the General Plan Update in the amount of $310,000.

The City Council may amend the budget by resolution adjusting the overall appropriation levels in each fund at any time during the fiscal year if there are available funds and council is in agreement with the request to adjust the budget. 1 43
Discussion:

Staff is requesting additional analysis for the General Plan EIR specifically in the areas of biological resources and water supply assessment, which will require a contract amendment and budget amendment for the additional work to be completed by PlaceWorks. The additional analysis is necessary to adequately prepare the General Plan Update EIR.

Fiscal Impact:

The fiscal impact of the contract amendment in Fiscal Year 2021-2022 would increase expenditures by $12,008 to account 296-463-110-238 for Technical Services and revenues by $12,008 to account 296-000-334-010, which are reimbursed back to the City by the SB2 Grant for Planning Grant Programs (PGP).

The fiscal impact would also increase expenditures by $54,710 to account 100-419-100- 238 for Technical Services. The City has committed funds for the General Plan Update and this fiscal year there is a balance of $161 ,892 remaining in the committed funds. The increase of expenditures for Technical Services in the amount of $54,710 would come from the committed fund balance.

The remainder of the contract will be completed in Fiscal Year 2022-2023 and will be included in that respective budget.

Josh Pinheit , City
Attachments:

Resolution
Sonya Williams, Finance Directo
Professional Service Agreement Amendment No. 1
2 44
RESOLUTION NO. __

A RESOLUTION OF THE CITY OF LOS BANOS

AUTHORIZING THE CITY MANAGER TO

EXECUTE AN AMENDMENT TO PROFESSIONAL

SERVICE AGREEMENT WITH PLACEWORKS

FOR THE PREPARATION OF A GENERAL PLAN

UPDATE AND ACCOMPANYING

ENVIRONMENTAL IMPACT REPORT AND

ADOPTING A REVISED BUDGET FOR THE
FISCAL YEAR 2021-2022 AS IT PERTAINS TO

EXPENDITURES
WHEREAS, a Request for Proposal from qualified firms for the preparation of a General Plan Update and accompanying Environmental Impact Report (EIR) was issued on June 30, 2017; and
WHEREAS, the City Council has considered the proposal from PlaceWorks for the additional analysis necessary for the Los Banos General Plan Update EIR; and WHEREAS, the City Council of the City of Los Banos has been presented an amendment to the Fiscal Year 2021-2022 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 budget increase is $12,008 in expenditures for the Community and Economic Development Department, Technical Services (PGP Grant) account (296-463-110-238), $12,008 in revenues account (296-000-334-010, and $54,709.22 in expenditures for Technical Services account (100-419-100-238); and WHEREAS, the funds are available for transfer from the General Fund Account; WHEREAS, the proposed Professional Service Agreement has been reviewed and approved by the City Attorney subject to Risk Management Authority (RMA) review and approval of the indemnity provisions.

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

1. The City Manager is hereby authorized and directed to execute a contract amendment to the Professional Service Agreement with PlaceWorks in the form 1 45
presented herewith for and on behalf of the City, subject to changes to the indemnity provisions as approved by the City Attorney.

2. That the City Council of the City of Los Banos hereby amends the 2021- 2022 Fiscal Year Budget to include an increase of $12,008 to expenditures account 296- 463-110-238, $12,008 to revenues account 296-000-334-010, and $54,710 to expenditures account 100-419-100-238.

The foregoing resolution was introduced at a regular meeting of the Los Banos City Council held on the 2nd day of February 2022, by Council Member ____ _ who moved for its adoption, which motion was duly seconded by Council Member ______ , and the Resolution was adopted by the following vote:

AYES:

NOES:

ABSENT:

APPROVED:

Manuel Thomas Faria Ill, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
2 46

FIRST AMENDMENT TO

PROFESSIONAL SERVICES AGREEMENT
[Placeworks, Inc.]
THIS FIRST AMENDMENT TO AGREEMENT ("FIRST AMENDMENT") is made and entered into this _ day of February 2022, by and between the City of Los Banos, a California municipal corporation (herein referred to as "City") and Placeworks, Inc., a California corporation (herein referred to as "Consultant").

RECITALS
A. WHEREAS, City and Consultant entered into a professional services agreement dated November 20, 2017 ("Agreement') regarding preparation of a general plan update 2040; and B. WHEREAS, City and Consultant desire to amend the Agreement to include additional services necessary for the preparation and completion of the general plan update 2040 EIR.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:

1. Scope of Services. The scope of services shall be amended to include the following additional work: the general plan EIR shall include additional analysis in connection with the biological resources and water supply assessment.

2. Compensation. Consultant's additional compensation for all work performed in accordance with this amendment for additional work, including all reimbursable items and sub Consultant fees, shall not exceed $178,113 unless authorized in writing by the City.

3. Entire Agreement. All of the terms and conditions of the Agreement not modified by this First Amendment shall remain in full force and effect.

Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
1 47
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment on the dates set forth below.

Date: _ _ ___ ~• 2021
Date: _____ ~ 2021
ATTEST:

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

William A. Vaughn
City Attorney
2 PLACEWORKS, INC., a California
corporation
by:

Title:

CITY OF LOS BANOS, a California
municipal corporation
by: Josh Pinheiro
Title: City Manager
48 TO:

FROM:

DATE:

LOsBanos
At: the Crossroads of Calffornia
Agenda Staff Report
Mayor Faria and City Council Members
Stacy Souza Elms, Community and Economic Development Director ~ February 2, 2022
TYPE OF REPORT: Agenda Item
SUBJECT: Elimination of the Economic Development Advisory Commission (EDAC) Recommendation:

Staff recommends the City Council waive the second reading and adopt Ordinance No. 1195 to eliminate the Economic Development Advisory Commission (EDAC) specifically repealing Title 2 Chapter 2 Article 4 of the Los Banos Municipal Code.

Background:

On January 19, 2022, the Los Banos City Council waived the first reading and introduced Ordinance No. 1195 by title to eliminate the Economic Development Advisory Commission.

Discussion:

The Economic Development Advisory Commission was created to act in an advisory capacity to the Redevelopment Agency on economic development projects. With the dissolution of the Redevelopment Agency and the Merced County Economic Development Corporation, there has not been a need for an advisory commission on economic development projects.

Staff has analyzed the efficiency of the Community and Economic Development Department and proposes to eliminate the Economic Development Advisory 1 49
Commission. In light of the loss of the Redevelopment Agency and Merced County Economic Development Corporation, the resulting lack of projects does not support the continuation of this commission.

Reviewed by:

Josh Pinheiro,
Attachment
Ordinance
2 50
ORDINANCE NO.

AN ORDINANCE OF THE CITY OF LOS BANOS

ELIMINATING THE ECONOMIC DEVELOPMENT ADVISORY
COMMISSION SPECIFICALLY REPEALING TITLE 2 CHAPTER 2
ARTICLE 4 OF THE LOS BANOS MUNICIPAL CODE
The City Council of the City of Los Banos does ordain as follows:

Section 1. Article 4 of Title 2, Chapter 2 "Economic Development Advisory Commission" is hereby repealed in its entirety.

Section 2. 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 3. 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 4. 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 15601 (b)(3) and is not subject to environmental review.

Section 5. This Ordinance shall go into effect and be in full force and operation thirty (30) 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 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 51 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 , 2022.

Passed on the __ day of _____ , 2022 by the following vote:

AYES: Council Members
NOES:

ABSENT:

APPROVED:

Manuel Thomas Faria Ill, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
52 LOsBanos
At the Cro.ss1oads of California
Agenda Staff Report
TO:

FROM:

DATE:

Mayor Faria and City Council Members
William A Vaughn, City Attorney
February 2, 2022
SUBJECT: Redistricting of Council Districts - Second Public Hearing with Proposed Maps
TYPE OF REPORT: Public Hearing
Recommendation:

Staff recommends the City Council:

1. Receive the presentation of Jeff Tilton/National Demographics Corporation regarding draft mapping options prepared in accordance with the criteria contained in state law and feedback received at previous meetings; select a preferred map for use at the November 2022 election and subsequent elections until further adjustment is required in 2031;

2. Adopt Resolution No. _

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

CALIFORNIA, ADJUSTING THE BOUNDARIES OF THE CITY COUNCIL DISTRICTS IN ACCORDANCE WITH CALIFORNIA ELECTIONS CODE §§ 21601-21609 AND MUNICIPAL CODE§ 2-2.102(c)
Background:

In 2014, the Los Banos City Council proposed, and the City's voters approved, a measure adopting a "by-district" method of election, rather than the previouslyemployed at-large method. Those districts were used in 2016, 2018, and 2020. 53 State law (Elections Code§§ 21600-21609) requires that any city using district elections readjust its boundaries in the year following the release of each Census, to rebalance the population in accordance with federal equal population requirements. That rebalancing must be done in accordance with the federal Voting Rights Act, the equal protection clause, and state applicable law.

In 2019, the Legislature enacted AB 849 and AB 1276, which substantially re-wrote the state law provisions governing municipal redistricting. The new law requires a significantly more detailed public process, including requirements for more public hearings; new notice and public outreach requirements; translation requirements; the creation and maintenance (for ten years) of a redistricting website, etc.

The new law also limits the discretion that city councils previously had in determining the redistricting criteria to be applied under state law, instead prescribing specific criteria that the Council must follow and the priority to be given to each criterion.

Discussion:

The official adjusted1 2020 population of Los Banos is 45,676, and the ideal district size is 11,419 total persons. The populations of the current districts as reflected in the adjusted Census data are as follows:

District 1:

District 2:

District 3:

District 4:
12,094
12,090
10,055
11,437
The Supreme Court has held that there need not be perfect equality amongst the district populations, but a plan with a "total deviation" exceeding 10% is presumed to be unconstitutionally malapportioned. The "total deviation" is calculated by determining the difference in population between the largest and smallest districts and then dividing by the ideal population.

Applying that formula, we subtract the population of District 3 (the least populated,

11.95% below the ideal) from the population of District 1 (the most populated, 5.91 % above the ideal) to get a range of 2,039. Dividing that range by the ideal population of 11,419, the "total deviation" of the City's current district plan is 17.86%-almost double the permissible amount.

Consequently, changes will need to be made to the current lines to bring them back into balance. As a rough approximation, each district should be between 10,849 and 11,989 persons,2 so District 3 will need to gain approximately 800 people or more and Districts 1 Pursuant to state law, the population as reflected in the Census must be adjusted to redistribute incarcerated prisoners back to their last known place of pre-incarceration residence. See Elec. Code § 21601(a). Those are the data addressed herein.
2 This is ±5% relative to the ideal. Technically, though, one district could deviate by up to 6%, so long as no other district does so by more than 4%
54 1 and 2 will need to each lose at least 100 people (though for District 3 to gain its needed people Districts 1 and 2 likely need to lose more). District 4 is very close to the ideal.

In making the necessary changes, the Council must be guided by the criteria set out in the Elections Code, in the following order of priority:
1) The districts must be "substantially equal in population" as defined by the Supreme Court (i.e., within the 10% range discussed above). 2) The districts must comply with the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.)
3) The districts must comply with constitutional restrictions on "racial gerrymandering."
4) Subject to the constitutional and federal law requirements noted in paragraphs (1) - (3), voting districts must be established according to four statutory criteria, ranked in order of priority:
• To the extent practicable, council districts shall be geographically contiguous. Areas that meet only at the points of adjoining corners are not contiguous. Areas that are separated by water and not connected by a bridge, tunnel, or regular ferry service are not contiguous. • To the extent practicable, the geographic integrity of any local neighborhood or local community of interest shall be respected in a manner that minimizes its division. A "community of interest" is a population that shares common social or economic interests that should be included within a single district for purposes of its effective and fair representation. Communities of interest do not include relationships with political parties, incumbents, or political candidates. • Council district boundaries should be easily identifiable and understandable by residents. To the extent practicable, council districts shall be bounded by natural and artificial barriers, by streets, or by the boundaries of the city.
• To the extent practicable, and where it does not conflict with the preceding criteria in this subdivision, council districts shall be drawn to encourage geographical compactness in a manner that nearby areas of population are not bypassed in favor of more distant populations.

Under the pertinent state laws as amended by AB 849 and AB 1276 (in 2019), the Council is required conduct at least four public hearings prior to adopting an updated district boundary map. At least one such hearing must be held prior to the drafting of 55 possible mapping alternatives, and at least two must be held after the drafting of possible mapping options.

This will be the fourth of the required public hearings, and the second of the two required public hearings with mapping options. The first hearing was conducted on July 21, 2021; the second hearing was conducted on August 18, 2021; and the third hearing was conducted on December 15, 2021. Per state law, the hearings must be conducted at a specific time; this hearing is noticed to begin at 7:00 p.m. The chief purpose of these mapping hearings is to obtain feedback from the public and the Council regarding proposed mapping options.

At the December 15 hearing, the city's demographic consultants presented two draft map options, Draft A and Draft B, to bring the districts' populations back into balance.

Following the close of the public hearing, the Council requested that the demographers test the impact of modifying Draft A to use Place Drive/Westminster Way as the boundary between Districts 1 and 2, rather than having District 2 cross to the west of those streets. The result is Draft A2. Unfortunately, moving the territory west of those streets into District 1 results in a total population deviation of 13.69%--exceeding the constitutional limits.

Under the timeline adopted by the Council, this meeting is scheduled for the Council to choose a final map for adoption by resolution and for use at future elections.

Fiscal Impact:

There is no projected cost of this item beyond that previously identified and approved by the Council in connection with the redistricting engagements for Nielsen Merksamer and NOC.

Reviewed by: r
ii .. ~ (,,,.. ~ . . \ um. onxLo ·wi, a U)Ullams __ ·.+.-f--+----"-=--- sonya wfiiams, Chief Financial leer Josh Pi( h
Attachments:

Maps (Draft A and Draft 8)
PowerPoint
Proposed Resolution
I
56 NOTICE OF PUBLIC HEARINGS

AND REDISTRICTING PRESENTATIONS
NOTICE IS HEREBY GIVEN that the Los Banos City Council will conduct a Public Hearing to receive public input and testimony regarding possible revisions to Los Banos's city council electoral district plan. The Public Hearing will be held at the regular meeting of the Los Banos City Council on Wednesday, February 2, 2022, at 7:00 p.m. and can be viewed virtually at www.losbanos.org. Questions regarding the abovereferenced item may be directed to the City Clerk's office at (209) 827-2448 or [email protected], or you can visit the City's redistricting website at redistrictlosbanos.org, for more information.

Elections Code §§ 21600-21609 require the City to redraw its electoral boundaries every ten years, following the release of the Census. At the February 2 meeting the City's demographic consultant will again present draft map options to rebalance the population of the current council districts.

All interested persons will be given an opportunity to comment on this item at the virtual public hearing. Public comment during the public hearing will be taken in real time via email. Once the public hearing is opened, the City Council will receive e-mails directed at the public hearing and will read comments into the record at the meeting. E-mails during the meeting must be sent to the City Clerk at [email protected]. In addition, written comments may be submitted to the City Council at or prior to the hearing, mailed to 520 J Street, Los Banos, CA 93635, Attention: City Clerk. Please reference hearing title and date of hearing in any correspondence.

This is the last of four scheduled public hearings. The Council anticipates taking action at the close of the public hearing on February 2 to select a preferred council district plan for final adoption by the Council.

THE CITY OF LOS BANOS
Lucy Mallonee
City Clerk
57 AVISO DE AUDIENCIAS PUBLICAS Y PRESENTACIONES

DE REDISTRIBUCION DE DISTRITOS
SE DA AVISO de que el Concejo Municipal de Los Banos llevara a cabo una audiencia publica para recibir comentarios y testimonios del publico a respeto a posibles revisiones al plan del distrito electoral del Concejo Municipal de Los Banos.

El Codigo de Elecciones 21600-21609 requiere que la Ciudad vuelva a reasignar sus If mites electorales cada diez (10) afios, siguiendo la publicacion del Censo. En la reunion del 2 de Febrero, el consultor demografico de la Ciudad presentara un borrador de las opciones de mapas para reequilibrar la poblacion de los distritos actuales del consejo.

La Audiencia Publica se llevara a cabo en la reunion ordinaria del Ayuntamiento de Los Banos el miercoles 2 de Febrero a las 7:00pm y se podra ver de forma virtual en www.losbanos.org. Las preguntas sabre el artfculo mencionado anteriormente pueden dirigirse a la oficina del Secretario de la Ciudad al (209) 827-2448 o [email protected], o puede visitar el sitio web de redistribucion de distritos de la Ciudad en redistrictlosbanos.org, para obtener mas informacion.

Todas las personas interesadas tendran la oportunidad de comentar sobre este tema en la audiencia publica virtual. Los comentarios publicos durante la audiencia publica se recibiran en tiempo real por correo electronico. Una vez que se abra la audiencia publica, el Secretario de la Ciudad recibira correos electronicos dirigidos a la audiencia publica y leera los comentarios en el registro de la reunion. Los correos electronicos durante la reunion deben enviarse al Secretario de la Ciudad a [email protected].

Adicionalmente, los comentarios escritos pueden enviarse al Secretario de la Ciudad en la audiencia o antes de la Audencia publica por correo a 520 J Street, Los Banos, CA 96365, Atencion: Secretario de la Ciudad. Por favor haga referencia al tftulo de la audiencia y la fecha de la audiencia en cualquier correspondencia.

Esta es la ultima de cuatro audiencias publicas programadas. El Concejo anticipa tomar accion al cierre de la audiencia publica el 2 de febrero para seleccionar un plan de distrito del concejo preferido para su adopcion final por parte del Concejo.

Todas las personas interesadas estan invitadas a asistir y se les dara la oportunidad de ser escuchadas. Consulte la agenda publicada para obtener mas detalles sobre como participar.

LA CIUDAD DE LOS BANOS
Lucille L. Mallonee, MMC
Secretario de la Ciudad
58 Los Banos
Redistricting 2021
Draft A
-@- Wo/fsen Park
4 Flag Pole Park +
Garden Park
+
+
r- -=- - '-- "- + l ~ ]r- ~ ' ' 1-+ l- t . ·.· + - ---i + ., 1 .,. f ¥ineyardPark + I~ _- Skylark Pa!J5 -
++ - ,+-+ - t
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t
+
+ -I
+
+
1 '
+L _ 09_\ti§_Park
+ + J + /- ,.San L-11is High School
•
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+ ++ +
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•
t
+ !·+
• + ~Bus Dep -·-
1 Elena !alba~ Park
• •
Catho/i~Pa.£.k, • 3 · ~ J.Pub/ic Elem s°chool
- ~ l::?s-Banos e~rk t
@I
Little Page Park .i"os Banos High School +
+
+
J
+
+ Coll~ G~n Park +
+- +
Presidential 12ad<
l~+ 8
National Demographics Corporation, December 3, 2021
©202 1 CALIPER
ParRAroa:dia
I
Map layers
_ DraftA
CJ Los Banos Split Cens
Census Block
- Railroad
Streets
+ Landmark Point
Landmark Area
Water Area
59 ,----- --- -- -- ---- --- ---
Los Banos
Redistricting 2021
Draft B
165} + I 1 ~ r----:-
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©2017 CALIPER
@ =-- 91
Map layers
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CJ Los Banos Split Cens
- Railroad
Streets
+ Landmark Point
Landmark Area
Water Area
60 NDC
Narional Demographics Corporation
February 2, 2022
City of Los Banos
Redistricting Draft Maps
Dr. Jeff Tilton, Se11ior Consultant
National Demographics Corporation ·
61 Step
Two Initial Hearings
July 21 & August 18
Census Data Releases
Draft Map Hearing
December 15, 2021
Draft Map Hearing
February 2, 2022
Map Adoption
By April 1 7, 2022
NDC
Redistricting Process
Description
• Held prior to release of draft maps
• Education and to solicit input on the communities in the Districts •
•
Census Bureau releases official 2020 Census population data - Aug 12 California's official 'prisoner-adjusted' 2020 redistricting data - Sept. 21, 27 • Discuss and revise the draft maps; discuss the election sequence • Discuss and select final map; discuss and determine election sequence • First reading of ordinance
• Final map must be posted at least 7 days prior to adoption • Map adopted via ordinance
February 2, 2022
62 Redistricting Rules and Goals
Federal Laws
• Equal Population
• Federal Voting
Rights Act
• No Racial
Gerrymandering

1. Geographically contiguous
j 2. Undivided neighborhoods
and "communities of
interest"
j (Socio-economic geographic areas
that should be kept together)

3. Easily identifiable 1 boundaries

4. Compact
(Do not bypass one group of
J people to get to a more distant
group of people)
-
Other Traditional
Redistricting Principles
• Minimize voters shifted
to different election years
• Respect voters' choices /
continuity in office
• Future population growth
• Preserving the core of
existing districts
Prohibited: "Shall not favor or discriminate against a political party." NDC February 2, 2022
63 Los Banos
Redistricting 2021
Existing
Districts
@
N ational Demographi
NDC
oil Banos M1m1c,pal Arp.'
4 •
Woffsen Park
Flag Poie Park
Garden Ptii'k
District
Total Pop
-+ 1
Vlheyard Park . Prop Park
Davis Park
.;,$an Luis High Schor,/
Fairgrounds Park .;.P[,Df/c 1:tem School
. mLos Ban~ Community Hosp City Park
Elena , Talbott Par,
•
• ;)Bus Oep
lll •
Catholi~ Park •
3 • .;.Public Elem 1choo/
Los Banos eo Park
ittle Page Park
Presidential Pa
§
Co/l~ e Gr&en Park
e
Park Arcadia
2 Los Banos Demo hies - Existin
1 2 3 4
Total Po 12,094 12,090 10,055 11,437
Deviation from ideal 675 671 -1,364 18
% Deviation I 5.91% I 5.88% -11.95% 0.16%
I Ideal population per District:

I
11,419
Total
45,676
2,039

17.86%
Map layers
Current
Los Banos Split Cens
Railroad
Streets
Landmark Point
Landmark Area
Water Area
64 Neighborhoods/ Communities of Interest
Neighborhoods

1. What is your neighborhood?

2. What are its geographic
boundaries?
In the absence of public testimony) planning
records and other similar documents mqy
provide definition.

NOC
Communities of Interest

1. What defines your community?

2. Would this community benefit
from being "included within a
single district for purposes of its
effective and fair
representation"?
Communities of Interest mqy not include
relationships with political parties) incumbents)
or political candidates.

February 2, 2022
65 h6s\ !I...Ca1011 L"'f' ~ ; ~ ;1;
~ W u ~ sa,~ pit~r1 1 ·~sg [i Los Banos
Redistricting 2021
Draft A
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Los Banos Demographics - Draft A
District 1 2 3
Total Pop 12,098 10,981 11,160
Total Pop Deviation from ideal 679 -438 -259
% Deviation 5.95% -3.84% -2.27% NDC Citizen Voting Age Pop % Hisp 68.67% 50.81% 43.80%
% NH White 21.13% 31.69% 48.83%
-s;. ❖..,
.,~
~
·<>~
2 1,CtQ.Z;),e1
4 11,437
18 0.16%

57.66%

33.34%
1 ~
Total
45,676
1,117

9.79%
Map layers
Draft A
-- Railroad
Streets
Landmark Point
Landmark Area
Water Area
66 Los Banos
Redistricting 2021
- t65) el c, _!!!. 1»
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Norion,Ji Demogmphic, Corponnion I Los Banos Demographics - Draft A2 D~cinbcr 15. 2021 District 1 2 3 Total Pop 12,321 10,758 11,160
Total Pop l Deviation from ideal 902 -661 -259
% Deviation 7.90% -5.79% -2.27% NDC Citizen Voting Age Pop % Hisp 68.33% 50.88% 43.80%
% NH White 21.37% 31.62% 48.83%
~ 'l~
.,~
4 ~ '-<,
11,437
18 0.16%

57.66%

33.34%
\
Total
45,676
1,563

13.69%
jj
-------· ·-- ---~ Map layers
Draft A2
-- Railroad
Streets
Landmark Point
Landmark Area
Waler Area
67 Los Banos
Redistricting 2021
Draft B
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Total Pop 11,461 11,618 11,160
Total Pop Deviation from ideal 42 199 -259
% Deviation 0.37% 1.74% -2.27% -
NDC % Hisp 68.78% 51.30% 43.80%
Citizen Voting Age Pop % NH White 20.98% 31.48% 48.83%
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Redistricting 2021
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69 THIS PAGE IS INTENTIONALLY LEFT BLANK
70 RESOLUTION NO. ----

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

CALIFORNIA, ADJUSTING THE BOUNDARIES OF THE CITY COUNCIL DISTRICTS IN ACCORDANCE WITH CALIFORNIA ELECTIONS CODE §§ 21601-21609 AND MUNICIPAL CODE§ 2-2.102(c)
WHEREAS, in November 2014 the voters of the City of Los Banos adopted Measure S, approving the change of the City's electoral system from an at-large to a "by-district" electoral system with a separately elected mayor; and
WHEREAS, the districts adopted thereby were used at the 2016, 2018, and 2020 elections; and
WHEREAS, California Elections Code § 21601 requires each city that uses by-district elections to readjust those district boundaries in the year following the release of a new Census, to ensure compliance with constitutional equal population requirements; and WHEREAS, the existing council districts have a "total deviation" of population between the districts of 17.86% based on the 2020 Census; and
WHEREAS, the United States Supreme Court has held that a "total deviation" exceeding 10% is presumptively unconstitutional; and
WHEREAS, state law has incorporated that standard; and
WHEREAS, changes in the Council districts are therefore required to bring the districts back into balance; and
WHEREAS, the City has retained experienced legal counsel, and an experienced redistricting/demographic consulting firm, National Demographics Corporation, to advise it on the process of preparing a trustee area plan; and
WHEREAS, on February 3, 2021, the City Council received a presentation from the City's retained special voting rights counsel regarding the redistricting process and the legal and policy criteria governing redistricting; and
WHEREAS, on June 16, 2021, the Council approved a detailed timeline and work plan for the redistricting process; and
WHEREAS, the City has maintained a detailed redistricting website as required by law, redistrictlosbanos.org; and
WHEREAS, the City has provided notices and other materials m Spanish, and has provided translation services upon request, as required by law; and WHEREAS, the City has engaged in good-faith public outreach to community groups and other interested parties as required by law; and
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WHEREAS, the City made available to the public paper and online mapping tools to permit them to submit draft maps if so desired;
WHEREAS, on July 21, 2021, the Council conducted a duly noticed public hearing at its regular council meeting to receive public testimony regarding the composition of the districts; and
WHEREAS, the Census Bureau belatedly released the 2020 redistricting data files on August 12,2021;and
WHEREAS, on August 18, 2021, the Council conducted a second duly noticed public hearing at its regular council meetings to receive public testimony regarding the composition of the districts; and
WHEREAS, the California Statewide Database released an "adjusted" version of the Census redistricting data on September 21, 2021, as required by law, and a corrected version of those adjusted data on September 27, 2021; and
WHEREAS, on December 15, 2021, the City's demographic consultant presented an initial set of two draft council district plans (Draft A and Draft B), prepared according to the criteria set forth in state law; and
WHEREAS, following the demographic consultant's presentation the Council conducted a third duly-noticed public hearing regarding the draft maps, after which it requested to see an additional map that made changes to Draft A to even out the border between Districts 1 and 2, if possible; and
WHEREAS, on February 2, 2022, the City's demographic consultant presented the initial set of two draft council district plans (Draft A and Draft B) plus an additional draft map as requested by the Council (Draft A2); and
WHEREAS, following the demographic consultant's presentation the Council conducted a fourth duly-noticed public hearing regarding the draft maps; and WHEREAS, the Council has considered all public comments on the proposed council district plans; and
WHEREAS, the populations in the proposed districts of Drafts A and B are substantially equal in compliance with legal requirements but the proposed districts of Draft A2 are not; and WHEREAS, Section 2 of the Voting Rights Act, 52 U.S.C. § 10301, prohibits the use of any voting qualification, or prerequisite to voting, or standard, practice, or procedure in a manner which results in a denial or abridgement of the right of any citizen of the United States to vote on account of race or color, and Drafts A and B comply with section 2 of the Voting Rights Act; and WHEREAS, each Drafts A and B are drawn is geographically contiguous; and 2 72
WHEREAS, each of Drafts A and B seek to minimize the division of communities of interest and neighborhoods to the extent possible; and
WHEREAS, each of Drafts A and B uses easily understandable boundaries, like streets, natural and artificial barriers, and the boundaries of the City, to the extent possible; and WHEREAS, each of Drafts A and B is drawn to encourage geographical compactness to the extent practicable; and
WHEREAS, the Council believes that the districts contained in proposed Draft _ , incorporated herein, best reflect these criteria and best serve the interests of the City and the public at large;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LOS BANOS DOES HEREBY RESOLVE, DECLARE, AND DETERMINE AS FOLLOWS:

SECTION 1. All of the recitals set forth above are true and correct, and the District Governing Board so finds and determines.

SECTION 2. Pursuant to California Elections Code section 21601 and Municipal Code§ 2-2.102( c ), the City Council prefers the district boundaries in proposed Draft _, attached hereto as Exhibit "A" and incorporated herein by this reference; believes that its adoption would be serve the public interest of the City's residents and voters; and by this resolution hereby adopts the district boundaries in that Draft for use at the City's November 2022 election and subsequent elections until a further re-alignment is required pursuant to Elections Code § 21601 and Municipal Code § 2-2.102( c ), following the release of the 2030 Census.

SECTION 3. That the City Manager and/or his designee shall take all actions necessary to notify the Merced County Registrar's Office of the Council's determination forthwith and provide whatever assistance may be required by the Registrar's Office to implement the new lines.

SECTION 4. Because the new district plan may contain technical anomalies caused by errors in the 2020 Census line files that do not substantively affect the populations in the districts, the district boundaries, or the intent of this resolution, which anomalies are not revealed until implementation begins, the City Manager and/or her designee is authorized to make technical emendations to the new plan that do not substantively affect the populations in the districts, the district boundaries, or the intent of this resolution, and shall advise the Council of any such emendations that are found to be required in plan implementation by the County Registrar's Office.

SECTION 5. The City Manager shall consult with legal counsel to resolve any legal issues necessary to give effect to this Resolution.
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SECTION 6. To the extent that the terms and provisions of this Resolution may be inconsistent or in conflict with the terms or conditions of any prior City ordinance, motion, resolution. rule or regulation governing the same subject, the terms of this Resolution shall prevail with respect to the subject matter thereof.

SECTION 7. In interpreting this Resolution or resolving any ambiguity, this Resolution shall be interpreted in a manner that effectively accomplishes its stated purposes.

SECTION 8. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Resolution, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council of the City of Los Banos hereby declares that it would have adopted this Resolution, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that anyone or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 9. The City Clerk is directed to cause a copy of this Resolution to be published in the official newspaper at least once within fifteen (15) days after its approval by the Council.

The foregoing resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 2nd day of February 2022, by Council Member _ ___ _ who moved for its adoption, which motion was duly seconded by Council Member , and the Resolution was adopted by the following vote: ------- AYES:

NOES:

ABSENT:

APPROVED:

Manuel Thomas Faria, III, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
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Exhibit 1 to Resolution No.
{Map of City Council Districts - 2020 Census)
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THIS PAGE IS INTENTIONALLY LEFT BLANK
76 TO:

FROM:

DATE:

LOsBanos
At the Crossroads of California
Agenda Staff Report
Mayor Faria and Members of City Council
Sonya Williams, Finance Director
January 19, 2022
SUBJECT: American Rescue Plan Act - Proposed Spending Plan TYPE OF REPORT: Agenda
Recommendation:

Staff recommends that the City Council consider the adoption of a resolution approving the use of American Rescue Plan Act Funds.

Background:

On January 6, 2022 the Department of Treasury released the final rule governing the spending guidelines for the American Rescue Plan Fiscal Recovery Funds Program. The final rule delivers broader flexibility and greater simplicity in the program and it is responsive to feedback in the comment process. Key changes and clarification in the final rule include:

Replacing Lost Public Sector Revenue
The final rule offers a standard allowance for revenue loss of $10 million, allowing recipients to select between a standard amount of revenue loss or complete a full revenue loss calculation. Recipients that select the standard allowance may use that amount - in many cases their full award - for government services, with streamlined reporting requirements.

Public Health and Economic Impacts
In addition to programs and services, the final rule clarifies that recipients can use funds for capital expenditures that support an eligible COVID-19 public health or economic 77 response. For example, recipients may build certain affordable housing, childcare facilities, schools, hospitals, and other projects consistent with final rule requirements.

In addition, the final rule provides an expanded set of households and communities that are presumed to be "impacted" and "disproportionately impacted" by the pandemic, thereby allowing recipients to provide responses to a broad set of households and entities without requiring additional analysis. Further, the final rule provides a broader set of uses available for these communities as part of COVID-19 public health and economic response, including making affordable housing, childcare, early learning, and services to address learning loss during the pandemic eligible in all impacted communities and making certain community development and neighborhood revitalization activities eligible for disproportionately impacted communities.

The final rule allows for a broader set of uses to restore and support government employment, including hiring above a recipient's pre-pandemic baseline, providing funds to employees that experienced pay cuts or furloughs, avoiding layoffs, and providing retention incentives.

Premium Pay
The final rule delivers more streamlined options to provide premium pay, by broadening the share of eligible workers who can receive premium pay without a written justification while maintaining a focus on lower-income and frontline workers performing essential work.

Water, Sewer & Broadband Infrastructure
The final rule significantly broadens eligible broadband infrastructure investments to address challenges with broadband access, affordability, and reliability, and adds additional eligible water and sewer infrastructure investments, including a broader range of lead remediation and stormwater management projects.

The final rule will take effect on April 1, 2022. However, recipients can choose to take advantage of the final rule's flexibilities and simplifications now, even ahead of the effective date.

To date the City Council has allocated $3,375,000 in ARPA funding in the following areas:
• Premium Pay - $1,750,000
• RAD Card Program - $1,000,000
• Invest in technology and equipment - $200,000
• Upgrades to city owned properties - $250,000
• Homeless assistance program - $100,000
• Investment in Parks - $75,000
After the approved uses, the remaining balance of available funding is $6,441,684 of which $4,908,342 remains to be collected.
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Use of Funds

1. Assistance to small businesses
If the Council elects to allocate funding to this program, the program would seek to assist eligible businesses that were affected by the COVID-19 pandemic's economic impact, as well as entice new businesses that may not have opened due to the pandemic.

Small businesses eligible for assistance are those that experienced economic impacts or disproportionate impacts of the pandemic and meet the definition of small business, specifically:

1. Have no more than 500 employees, or if applicable, the size standard in number of employees established by the Administrator of the Small Business Administration for the industry in which the business concern or organization operates, and

2. Are a small business concern as defined in section 3 of the Small Business Act8 (which includes, among other requirements, that the business is independently owned and operated and is not dominant in its field of operation).

Impacted Small Businesses
Staff can identify small businesses impacted by the pandemic, and measures to respond, in many ways, including:
• Decreased revenue or gross receipts
• Capacity to weather financial hardship
• Financial insecurity
• Increased costs
• Challenges covering payroll, rent or mortgage, and other operating costs Assistance to small businesses that experienced negative economic impacts includes the following enumerated uses:
• Loans or grants to mitigate financial hardship, such as by supporting payroll and benefits, costs to retain employees, and mortgage, rent, utility and other operating costs
• Technical assistance, counseling, or other services to support business planning Disproportionately Impacted Small Businesses
The Department of Treasury presumes that the following small businesses are disproportionately impacted the pandemic:
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• Small businesses operating in Qualified Census Tracts • Small businesses operated by Tribal governments or on Tribal lands • Small businesses operating in the U.S. territories
Assistance to disproportionately impacted small businesses includes the following enumerated uses:
• Rehabilitation of commercial properties, storefront improvements & fa9ade improvements
• Technical assistance, business incubators & grants for start-up or expansion costs for small businesses
• Support for microbusinesses, including financial, childcare, and transportation costs.

If Council elects, staff will set up a program that allows both economically impacted and disproportionately impacted small business to apply for a grant. Small business owners will have to submit an application and required back up, dependent on the qualifying category. All applications will be reviewed for eligibility by Finance Staff.

Program funding will be limited to $100,000, or an amount otherwise determined by Council, applicants are eligible for funding up to $10,000 per small business. Grants will be awarded on a first come first serve basis, until such time funding is no longer available.

Small businesses can only apply to one of the above two categories.

2. To backfill a reduction in revenues
Recipients may elect a "standard allowance" of $10 million to spend on government services through the period of performance.

Under this option, which is newly offered in the final rule Treasury presumes that up to $10 million in revenue has been lost due to the public health emergency and recipients are permitted to use that amount (not to exceed the award amount) to fund "government services."
The standard allowance provides an estimate of revenue loss that is based on an extensive analysis of average revenue loss across states and localities, and offers a simple, convenient way to determine revenue loss, particularly for SLFRF's smallest recipients.

All recipients may elect to use this standard allowance instead of calculating lost revenue using the formula below, including those with total allocations of $10 million or less.

Electing the standard allowance does not increase or decrease a recipient's total allocation.:.

Staff recommends that all remaining ARPA funding be allocated under this category.
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t
The funds allocated in this category must be spent on government services. Government services generally include any service traditionally provided by a government.

Government services is the most flexible use category under the ARPA program, funds are subject to reporting and compliance requirements. Restriction of use apply to all uses of funds including government services.

Fiscal Impact:

As of July 2021, the City has received $4,908,342 in ARPA funding; the additional funding will be received in July 2022.

Revenue/
Account Number Expenditure
Budget
Revenue
Collected $4,908,342
Future Revenue $4,908,342
Previously allocated funding for FY 2021/22
RAD Card 206-410-100-238 $1,000,000
Police - Equipment and T echnoloQV 206-410-100-753 $ 200,000 HVAC Replacement 206-410-100-720 $ 250,000
Homeless Assistance 206-410-100-273 $ 100,000
Park Improvements (Colorado) 206-410-100-753 $ 75,000
Premium Pay- Salaries (FY 2021 only) 206-410-100-101 $ 789,000 Premium Pay - Benefits (FY 2021 only) 206-410-100-120 $ 60,359 $2,474,359
Proposed Allocations
Small Business Grant Program $100,000
Revenue Reimbursement $6,341,684
Future Year(s) allocations
Premium Pay - FY 22 and 23 estimates $900,641
Total APRA Expenditures $9,816,684
Future allocation of the revenue reimbursement funds will be brought back to Council for approval.
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Conclusion:

Options:
a. Adopt resolution funding a Small Business Grant Program and allocate the remaining funding to the revenue reimbursement category using funds for Government Services. Specific projects and/or purchases will be brought to Council for approval.
b. Do not fund a Small Business Grant Program. Direct staff to allocate all remaining funding to the revenue reimbursement category using funds for Government Services. Specific projects and/or purchases will be brought to Council for approval.

The City Council may choose to modify the plan, including reprogramming unused fund allocations by increasing or decreasing funds to desired programs.

Reviewed by:

Josh Pinh
Attachments:

Proposed Resolution
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RESOLUTION NO.

A RESOLUTION OF THE CITY OF LOS BANOS AUTHORIZING

EXPENDITURES FROM THE AMERICAN RESCUE PLAN ACT
(ARPA) AND ADOPTING A REVISED BUDGET FOR FISCAL
YEAR 2021/2022 AS IT PERTAINS TO EXPENDITURES
WHEREAS, on March 11, 2021, the American Rescue Plan Act of 2021 (ARPA) was signed into law making available $350 billion through the State and Local Fiscal Recovery Funds (SLFRF) to assist states, tribal governments, and local governments with the reopening and recovery from the adverse health and economic impacts caused by COVID-19; and
WHEREAS, the City of Los Banos received $4,908,342 of the expected $9.8 million under the State and Local Fiscal Recovery Fund, which expenditures are limited to response to the COVID-19 pandemic and its negative health and economic impacts; and
WHEREAS, the City of Los Banos expects to receive an additional amount of $4,908,342 of ARPA funds in July 2022: and
WHEREAS, the City of Los Banos presented a final spending plan according to COVID-19 eligibility for operational response funded by ARPA; and WHEREAS, the City Council of the City of Los Banos has been presented an amendment to the 2021/2022 Fiscal Year budget, requesting approval to appropriate $100,000 in ARPA funding for a Small Business Assistance Program; 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 budget increase of $100,000 to expenditures in account number 206-410-100-270, Special Programs; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Los Banos hereby amends the 2021/2022 Fiscal Year Budget to include an increase of $100,000 in expenditures (206-410-100-270)
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 2th day of February, by Council Member ---- who moved its adoption, which motion was duly seconded by Council Member --- and the Resolution adopted by the following vote:
83 AYES:

NOES:

ABSENT:

APPROVED:

Manuel Thomas Faria Ill, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
84

Los Banos City CouncilFebruary 2, 2022

Los Banos City Council
February 2, 2022