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Agenda packet

Los Banos City Council
July 20, 2022

Document
Agenda packet
Meeting
July 20, 2022
Body
Los Banos City Council
Original file
50.9 MB
Text extracted from the city's file for reading and search. Open the original on losbanos.org. That file is the official record.

LOs Banos
.he rossroae,.., ~, California
www.losbanos.org
AGENDA

CITY COUNCIL MEETING

CITY HALL COUNCIL CHAMBERS
520 J Street
Los Banos, California
JULY 20, 2022 - 6:00 PM
Live stream on YouTube at:.
https://www.youtube.com/channel/UC3sy5 slYr3447mZsrql5Tg 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. · ................................................................................................................................................................................................... ··························•·····•······································· ............ · r-············· ············· ············· ~~;·:;;t;~;~··~;·~~·~~~~~·;~·~;~;~~~·~··;;··~··~~;~;;;;··;;·;~~ ~;;;··~~·~~~;~·· ................................. . regarding any item on this agenda will be made available for public inspection at the meeting and in the City Clerk's office located at City Hall, 520 J Street, Los Banos, California during normal business hours. In addition, such writings and documents may be posted on the City's website at www.losbanos.org.
* * * * * * * ** * * * * * * *
Cualquier escritura o /os documentos proporcionaron a una mayor/a de/ Ayuntamiento respecto a cualquier artfculo en este orden de/ dfa sera hecho disponible para la inspecci6n publica en la reuni6n yen la oficina de la Secretaria de la ciudad en City Hall, 520 J Street, Los Banos,
California durante horas de oficina norma/es. Ademas, tales escrituras y los documentos pueden ser anunciados en el website de la ciudad en www.losbanos.org. = ...................................................................................................................... .................................................................................................................................................................... !

1. CALL TO ORDER - July 20, 2022 6:00 PM

2. PLEDGE OF ALLEGIANCE.

3. ROLL CALL: (City Council Members)
Jones __ , Lambert __ , Lewis __ , Llamas __ , Faria __ Los Banos City Council Agenda - July 20, 2022 Page 1 of4 1 4. CONSIDERATION OF APPROVAL OF AGENDA.

5. PRESENTATION - Certificate of Recognition - Sarah Sanchez, Dispatch Supervisor, City of Los Banos Employee of the Month for June 2022.

6. PUBLIC FORUM. (Members of the public may address the City Council Members on any item of public interest that is within the jurisdiction of the City Council; includes agenda and non-agenda items. No action will be taken on non-agenda items. Speakers are limited to a five (5) minute presentation. Detailed guidelines are posted on the Council Chamber informational table.)

7. CONSIDERATION OF APPROVAL OF CONSENT AGENDA. (Items on the Consent Agenda are considered to be routine and will be voted on in one motion unless removed from the Consent Agenda by a City Council Member.) A. Check Register for #233821 - #234089 in the Amount of $1,271,360.02.

Recommendation: Approve the check register as submitted.

8. Minutes for the June 15, 2022 City Council Meeting.

Recommendation: Approve the minutes as submitted.

C. Minutes for the June 22, 2022 Special City Council Meeting.

Recommendation: Approve the minutes as submitted.

D. Minutes for the June 28, 2022 Special City Council Meeting.

Recommendation: Approve the minutes as submitted.

E. City Council Resolution No. 6529 - 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.

F. City Council Resolution No. 6530 - Awarding Contract(s) for Publication of Legal Notices/Legal Advertisements for Fiscal Year Ending June 30, 2023 and Authorizing and Directing the Interim City Manager to Execute Agreement(s).

Recommendation: Adopt the resolution as submitted.

G. City Council Resolution No. 6531 - Authorizing the Interim City Manager to File a Regional Surface Transportation Program (RSTP) Exchange Program Fund Claim For for Fiscal Year 2021-2022.

Recommendation: Adopt the resolution as submitted.

Los Banos City Council Agenda - July 20, 2022 Page 2of4 2 8. CONSIDERATION OF ADOPTION OF CITY COUNCIL RESOLUTION NO. 6532 - APPROVAL OF NOISE VARIANCE PERMIT 2022-01 TO ALLOW

CONSTRUCTION ASSOCIATED WITH THE LOS BANOS POLICE STATION PROJECT TO COMMENCE WORK PRIOR TO 7:00 A.M. MONDAY THRU SUNDAY AT THE LOCATION OF 1111 G STREET.

Recommendation: Receive staff report and adopt the resolution as submitted.

9. CONSIDERATION OF SELECTION OF AN EXECUTIVE SEARCH FIRM TO

ASSIST THE CITY COUNCIL IN THE RECRUITMENT OF A NEW CITY MANAGER.

Recommendation: Receive staff report and direction from the City Council on how to proceed.

10. DESIGNATION OF VOTING DELEGATE AND ALTERNATE FOR THE 2022

LEAGUE OF CALIFORNIA CITIES (LCC) ANNUAL CONFERENCE & EXPO BEING HELD SEPTEMBER 7-9, 2022 IN LONG BEACH, CALIFORNIA.

Recommendation: Designate a voting delegate and alternate voting delegate(s).

11. CANCELLATION OF THE REGULAR CITY COUNCIL MEETING SCHEDULED FOR WEDNESDAY, SEPTEMBER 7, 2022 DUE TO COUNCIL MEMBERS

ATTENDING THE LEAGUE OF CALIFORNIA CITIES CONFERENCE IN LONG BEACH, CALIFORNIA, SEPTEMBER 7-9, 2022.

Recommendation: Cancel the meeting as stated.

12. ADVISEMENT OF PUBLIC NOTICES. (No Report)
Recommendation: Informational item only, no action to be taken.

13. CITY MANAGER REPORT.

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

14. 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.

15. CITY COUNCIL MEMBER REPORTS.

A. Kenneth Lambert
B. Deborah Lewis
C. Refugio Llamas
D. Brett Jones
E. Mayor Tom Faria
Los Banos City Council Agenda - July 20, 2022 Page 3of4 3 16. CLOSED SESSION - Public Employee Release (CalPERS Industrial Disability Retirement) Pursuant to Government Code Section 54957.

17. ADJOURNMENT.

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

Sara
~ Blevins, Deputy City Clerk Dated this 15th day of July 2022 Los Banos City Council Agenda - July 20, 2022 Page 4of4 4 CERTIFICATE OF RECOGNITION
<Presentetf <To

SARAH SANCHEZ
Dispatch Supervisor - Los Banos Police Department
In recognition of your outstanding performance
antf tfeaicatetf service to tlie City of Los <Banos antf for 6eing nametf "P.mpfoyee of tlie 9rl.ontli "for June 2022. :M.anue{<JJiomas <Faria III, :M.ayor
<Dated: Ju{y 20, 2022
T Cityof B LOS. anos
11 5

THIS PAGE IS INTENTIONALLY LEFT BLANK
6 CK# 233821 - # 234089 07/20/2022 $1,271,360.02
Bank Reconciliation , LOs Banos Checks by Date
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Printed: 07/12/2022 - 8:48AM
Cleared and Not Cleared Checks
Print Void Checks
Check Check Date Name Module Void Amount
233833 6/30/2022 Kasey Alim AP 90.00
233834 6/30/2022 Alfredo Alvarez AP 579.29
233835 6/30/2022 Anthony Gomes AP 1,412.58
233836 6/30/2022 Aramark Uniform Ser Inc AP 1,104.08
233837 6/30/2022 AramarkUnifonn & Career Apparel Group, Inc. AP 141.76 233838 6/30/2022 AT&T AP 634.02
233839 6/30/2022 AT&T AP 100.94
233840 6/30/2022 BJ's Consumers Choice AP 438.00
233841 6/30/2022 Sara Blevins AP 387.50
233842 6/30/2022 Bound Tree medical LLC AP 868.44
233843 6/30/2022 BSK Associates AP 833.00
233844 6/30/2022 Bright Idea Construction AP 86.00
233845 6/30/2022 Ca Dept of Justice AP 676.50
233846 6/30/2022 Capital One AP 262.07
233847 6/30/2022 Cintas Corporation No.2 AP 208.50
233848 6/30/2022 Central Sanitary Supply AP 538.82
233849 6/30/2022 Comcast AP 350.15
233850 6/30/2022 Cook's Communications Corp. AP 14,709.36 233851 6/30/2022 CSG Consultants Inc. AP 575.00
233852 6/30/2022 LN Curtis & Sons AP 21,573.47
233853 6/30/2022 City of Los Banos Escrow Account AP 2,233.19 233854 6/30/2022 City of Los Banos Utility AP 49,676.90 233855 6/30/2022 D & D Pest Control AP 177.00
233856 6/30/2022 Don's Mobile Glass, Inc. AP 2,172.88
233857 6/30/2022 Irene De La Torre AP 350.00
233858 6/30/2022 DR Horton AP 59.40
233859 6/30/2022 Fanner Brothers Coffee AP 254.24
233860 6/30/2022 Fastenal Company AP 217.67
233861 6/30/2022 Fast Track Car Wash AP 472.50
233862 6/30/2022 Federal Express Corporation AP 27.24
233863 6/30/2022 Galls Inc AP 115.92
233864 6/30/2022 Mary Lou Gilardi AP 59.56
233865 6/30/2022 Mary Lou Gilardi AP 355.48
233866 6/30/2022 Grainger Parts Operations AP 179.83
233867 6/30/2022 Great Valley Supply AP 168.00
233868 6/30/2022 Rachel Garcia AP 600.00
233869 6/30/2022 Gurlynn Gill AP 450.00
233870 6/30/2022 Hach Company AP 204.28
233871 6/30/2022 Henley Pacific, LLC AP 62.44
233872 6/30/2022 Kittelson & Associates, Inc. AP 3,700.00 233873 6/30/2022 Laboratory Corporation of America Holdings AP 451.00 233874 6/30/2022 Language Line Services AP 55.33
233875 6/30/2022 League of California Cities AP 391.83
233876 6/30/2022 Liebert Cassidy Whitmore AP 5,256.00
233877 6/30/2022 Steve Macillas AP 197.50
7 233878 6/30/2022 Mark Thomas & company. Inc. AP 10,683.15 233879 6/30/2022 Matfabinc AP 86.13
233880 6/30/2022 McNamara Sports Inc AP 1,764.56
233881 6/30/2022 Merced County Auditor Controller AP 1,050.00 233882 6/30/2022 Mitchell Repair Information Company, LLC AP 1,762.56 233883 6/30/2022 Napa Auto Parts of Los Banos AP 9.72
233884 6/30/2022 North Central Laboratories AP 429.70
233885 6/30/2022 Kathleen Naillon AP 350.00
233886 6/30/2022 The Office City AP 137.17
233887 6/30/2022 OSE AP 1,005.84
233888 6/30/2022 O'Reilly Auto Parts AP 26.95
233889 6/30/2022 PG&E Company AP 14,312.43
233890 6/30/2022 Pace Supply Corp. AP 779.61
233891 6/30/2022 Pen-Link, LTD AP 19,552.80
233892 6/30/2022 PlaceWorks, Inc. AP 57,541.81
233893 6/30/2022 Proforce Law Enforcement AP 30,058.92
233894 6/30/2022 Provost and Pritchard Engineering, Inc. AP 3,341.10 233895 6/30/2022 Stephanie Pereira AP 600.00
233896 6/30/2022 Quad Knopf, Inc. AP 4,457.00
233897 6/30/2022 Safe T Lite of Modesto, Inc. AP 10,941.96 233898 6/30/2022 Save Mart Supermarkets AP 130.65
233899 6/30/2022 Sherwin Williams Co AP 296.85
233900 6/30/2022 SIJ Holdings, Inc AP 1,930.22
233901 6/30/2022 Smith & Loveless Inc AP 1,503.80
233902 6/30/2022 Straight Edge Roofing AP 49,500.00
233903 6/30/2022 Sorensens True Value AP 3,047.66
233904 6/30/2022 Sorensens True Value AP 59.76
233905 6/30/2022 Superior Pool Products, LLC AP 6,428.31 233906 6/30/2022 SunRun Installation Services AP 342.86 233907 6/30/2022 Tap Master, Inc. AP 18,640.00
233908 6/30/2022 TruckVault Inc. AP 7,414.86
233909 6/30/2022 Unique Glass AP 644.83
233910 6/30/2022 Aldina Real Estate, Inc. AP 82.42
233911 6/30/2022 Andrea and Eric Thompson AP 12.67
233912 6/30/2022 Ethan Conrad Properties AP 64.10
233913 6/30/2022 D.R. Horton AP 37.99
233914 6/30/2022 D.R. Horton AP 37.99
233915 6/30/2022 D.R. Horton AP 37.99
233916 6/30/2022 D.R. Horton AP 37.99
233917 6/30/2022 D.R. Horton AP 22.99
233918 6/30/2022 D.R. Horton AP 22.99
233919 6/30/2022 D.R. Horton AP 22.99
233920 6/30/2022 D.R. Horton AP 22.99
233921 6/30/2022 D.R. Horton AP 22.99
233922 6/30/2022 D.R. Horton AP 22.99
233923 6/30/2022 D.R. Horton AP 22.99
233924 6/30/2022 D.R. Horton AP 22.99
233925 6/30/2022 D.R. Horton AP 22.99
233926 6/30/2022 D.R. Horton AP 22.99
233927 6/30/2022 MHP Builders Inc AP 22.99
233928 6/30/2022 MHP Builders Inc AP 22.99
233929 6/30/2022 Meritage Homes AP 7.99
233930 6/30/2022 Meritage Homes AP 7.99
233931 6/30/2022 Nicholas & Danielle Carter AP 23.93
233932 6/30/2022 Karla Hoskins AP 110.99
233933 6/30/2022 Siqian Wang AP 142.95
233934 6/30/2022 D.R. Horton AP 175.48
8 233935 6/30/2022 Nadia Marouf AP 50.13
233936 6/30/2022 Meritage Homes AP 174.71
233937 6/30/2022 D.R. Horton AP 173.95
233938 6/30/2022 Aldina Real Estate, Inc. AP 98.57
233939 6/30/2022 Christine Kinsley AP 114.42
233940 6/30/2022 D.R. Horton AP 175.48
233941 6/30/2022 Meritage Homes AP 174.71
233942 6/30/2022 Blossom Valley Realty, JR Souza AP 123.93 233943 6/30/2022 D.R. Horton AP 171.65
233944 6/30/2022 D.R. Horton AP 176.24
233945 6/30/2022 Sunshine Investments AP 130.25
233946 6/30/2022 D.R. Horton AP 171.65
233947 6/30/2022 D.R. Horton AP 175.48
233948 6/30/2022 D.R. Horton AP 174.71
233949 6/30/2022 Meritage Homes AP 173.95
233950 6/30/2022 Valley Entry Systems, Inc. AP 367.00
233951 6/30/2022 Manuel D. Vaz AP 121.21
233952 6/30/2022 Victory Tactical Gear, LLC AP 6,166.00 233953 6/30/2022 Julie Valencia AP 350.00
233954 6/30/2022 Westside Water Conditioning AP 193.50
233955 6/30/2022 West Publishing Corporation AP 404.20
233956 6/30/2022 Windecker Inc AP 5,521.17
233957 6/30/2022 Ronny's Inc. AP 13,778.54
233958 6/30/2022 Ronny's Inc. AP 10,851.47
233959 6/30/2022 Ronny's Inc. AP 42,005.77
233960 6/30/2022 Ronny's Inc. AP 10,430.87
233961 6/30/2022 Ronny's Inc. AP 138,521.76
233962 6/30/2022 Ronny's Inc. AP 12,823.43
233963 6/30/2022 Ronny's Inc. AP 35,088.27
233964 6/30/2022 Ronny's Inc. AP 44,382.16
233965 6/30/2022 Ronny's Inc. AP 44,382.16
233966 6/30/2022 Ronny's Inc. AP 44,382.16
233967 7/1/2022 Aflac-Customer Service AP 319.73
233968 7/1/2022 AFSCME District Council 57 AP 1,305.74
233969 7/1/2022 In Shape Health Clubs Inc AP 72.00
233970 7/1/2022 Los Banos Police Assn AP 980.00
233971 7/1/2022 Los Banos Police Assn AP 245.00
233972 7/1/2022 MassMutual AP 1,205.16
233973 7/1/2022 MassMutual AP 3,355.00
233974 7/1/2022 Nationwide Retirement Solutions AP 4,590.00 233975 7/1/2022 Professional Fire Fighter AP 975.00
233976 7/1/2022 State Disbursement Unit AP 1,856.50
233977 7/1/2022 Vantagepont Transfer Agents
- 306797 AP. 1,032.40
233978 7/1/2022 Vantagepoint Transfer Agents
- 801838 AP 6,300.00
233979 7/5/2022 Gerald "Obie" O'Brien AP 77.14
233980 7/5/2022 Law Offices of William A Vaughn AP 12,600.00 233981 7/8/2022 Anderson Pump Company Inc AP 18,101.34
233982 7/8/2022 Animal Damage Management, Inc. AP 3,710 .00
233983 7/8/2022 Anthony Gomes AP 1,721.00
233984 7/8/2022 Aramark Uniform Ser Inc AP 179.21
233985 7/8/2022 AramarkUniform & Career Apparel Group, Inc. AP 141.76 233986 7/8/2022 ArchiveSocial, Inc. AP 2,388.00
233987 7/8/2022 Ascent Aviation Group, Inc. AP 32,432.30 233988 7/8/2022 AT&T AP 307.40
233989 7/8/2022 AT&T AP 175.48
233990 7/8/2022 Dorothy June Baker AP 438.01
233991 7/8/2022 Best Best & Krieger AP 505.50
9 233992 7/8/2022 BJ's Consumers Choice AP 137.00
233993 7/8/2022 BorelJi Real Estate Service, Inc. AP 90.00 233994 7/8/2022 Bruce's Tire Inc AP 1,970.53
233995 7/8/2022 BSK Associates AP 5,594.25
233996 7/8/2022 Cartegraph Systems, Inc. AP 18,772.21
233997 7/8/2022 CDTFA California Dept. of Tax & Fee AP 1,137.00 233998 7/8/2022 Comcast AP 8.03
233999 7/8/2022 Cook's Communications Corp. AP 68,690.60 234000 7/8/2022 Copy Shipping Solutions AP 81.23
234001 7/8/2022 CPCA AP 1,621.00
234002 7/8/2022 Covanta Holding Company AP 401.10
234003 7/8/2022 CSG Consultants Inc. AP 78,873.05
234004 7/8/2022 Lamar A. Cummings AP 249.00
234005 7/8/2022 Custom Locksmith & Alarm Inc. AP 172.09 234006 7/8/2022 Dos Palos Publishing Company AP 52.00
234007 7/8/2022 Double D Towing, LLC AP 130.00
234008 7/8/2022 Employee Relations, Inc. AP 50.00
234009 7/8/2022 The ABY MFG Group. Inc. AP 289.76
234010 7/8/2022 F S Rod Inc AP 18,634.52
234011 7/8/2022 4Al1Promos LLC AP 727.82
234012 7/8/2022 Federal Express Corporation AP 22.71
234013 7/8/2022 Fresno City College AP 103.00
234014 7/8/2022 GFOA AP 250.00
234015 7/8/2022 Halcyon Creek Inc. AP 926.50
234016 7/8/2022 Henley Pacific, LLC AP 68
.90
234017 7/8/2022 InfoSend Inc. AP 1,793.99
234018 7/8/2022 Kimball Midwest AP 317.45
234019 7/8/2022 Kings View Corporation AP 400.00
234020 7/8/2022 KnowBe4, Inc. AP 1,404.00
234021 7/8/2022 TimJLaw AP 800.00
234022 7/8/2022 Long Island Production Inc. AP 1,595.00 234023 7/8/2022 Lucas Business Systems AP 1,341.55
234024 7/8/2022 Marfab Inc AP 133.66
234025 7/8/2022 Merced Chevrolet Inc. AP 685.99
234026 7/8/2022 Merced County Fire Department AP 11,044.00 234027 7/8/2022 Merced County Regional Waste Management Authority AP 11,087.43 234028 7/8/2022 Merced Truck & Trailer Inc AP 72.46
234029 7/8/2022 Municipal Maintenance Equipment, Inc. AP 91.32 234030 7/8/2022 Meritage Homes Corporation AP 909.30
234031 7/8/2022 Napa Auto Parts of Los Banos AP 474.14
234032 7/8/2022 NDN International LLC AP 3,433.97
234033 7/8/2022 OSE AP 45.61
234034 7/8/2022 O'Reilly Auto Parts AP 1,009.39
234035 7/8/2022 Pinnacle Medical Group, Inc. AP 345.00
234036 7/8/2022 Purchase Power Inc AP 3,030.00
234037 7/8/2022 Ralph Anderson & Associates AP 15,000.00 234038 7/8/2022 Randik Paper Co AP 226.86
234039 7/8/2022 SNAPCD AP 40.00
234040 7/8/2022 Sample Traps LLC AP 650.00
234041 7/8/2022 Save Mart Supermarkets AP 70.86
234042 7/8/2022 Robert & Susan Hansen AP 287.10
234043 7/8/2022 Springbrook Software, Inc. Springbrook Holding Company LLC AP 77,010.45 234044 7/8/2022 Sorensens True Value AP 852.79
234045 7/8/2022 Sorensens True Value AP 74.24
234046 7/8/2022 Syar Industries Inc. AP 2,262.65
234047 7/8/2022 TeamCalifornia Economic Development Corp. AP 2,500.00 234048 7/8/2022 Tractor Supply Credit Plan AP 69.59
10 234049 7/8/2022 Triangle Rock Products AP 267.37
234050 7/8/2022 Tyler Technologies, Inc. AP 6,662.50
234051 7/8/2022 United Rotary Brush Corp. AP 4,867.59
234052 7/8/2022 D.R. Horton AP 170.88
234053 7/8/2022 Noe & Nancy Bucio AP 34.64
234054 7/8/2022 Meritage Homes AP 170.88
234055 7/8/2022 MHP Builders Inc AP 170.88
234056 7/8/2022 Amenpreet Chohan AP 98.62
234057 7/8/2022 MHP Builders Inc AP 170.88
234058 7/8/2022 Josaq Home Solutions AP 70.14
234059 7/8/2022 D.R. Horton AP 167.44
234060 7/8/2022 Maria Hernandez Vega AP 171.46
234061 7/8/2022 D.R. Horton AP 170.11
234062 7/8/2022 Century Communities AP 189.28
234063 7/8/2022 Adelyn Digno AP 120.76
234064 7/8/2022 Rafael Herrera AP 90.00
234065 7/8/2022 Jody Mincey AP 70.54
234066 7/8/2022 Henry Mendoza AP 73.22
234067 7/8/2022 UC Construction AP 182.37
234068 7/8/2022 Sasha De La Torre AP 79.55
234069 7/8/2022 Meritage Homes AP 169.35
234070 7/8/2022 D.R. Horton AP 168.58
234071 7/8/2022 Meritage Homes AP 168.58
234072 7/8/2022 Jose Maravilla AP 67.36
234073 7/8/2022 Maria Elba Sanchez Sanchez AP 117.58
234074 7/8/2022 Juventino Romero AP 54.18
234075 7/8/2022 Arisbeth Mejia AP 114.46
234076 7/8/2022 Merced Rescue Mission AP 54.29
234077 7/8/2022 Victory Tactical Gear, LLC AP 6,166.00
234078 7/8/2022 Windecker Inc AP 4,123.48
234079 7/8/2022 Todd Baker AP 1,680.00
234080 7/8/2022 Hector Castillo AP 196.00
234081 7/8/2022 City of Atwater AP 120.00
234082 7/8/2022 GoTo Communications, Inc. AP 3,029.74
234083 7/8/2022 Charles A. Edler AP 1,748.00
234084 7/8/2022 David Knoester AP 11.00
234085 7/8/2022 Merced County Clerk AP 50.00
234086 7/8/2022 Merced County LAFCo AP 2,700.00
234087 7/8/2022 Josh Pinheiro AP 188.02
234088 7/8/2022 Premier Access Insurance Co. AP 20,864.67 234089 7/8/2022 Sun Life Financial AP 7,070.11
Total Void Check Count: 0
Break in check sequence due to the following: Total Void Check Amount:

Check# 233821 - # 233826 (Manual Void) Total Valid Check Count: 257 Check# 233827 - # 233832 (Payroll) Total Valid Check Amount: 1,271,360.02 Total Check Count: 257
Total Check Amount: 1,271,360.02
11 THIS PAGE IS INTENTIONALLY LEFT BLANK
12 CITY OF LOS BANOS

CITY COUNCIL MEETING MINUTES
JUNE 15, 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.

CALL TO ORDER: Mayor Pro Tern Lambert called the City Council Meeting to order at the hour of 6:02 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; ABSENT: Mayor Manuel Thomas Faria Ill.

STAFF MEMBERS PRESENT: City Attorney Vaughn, City Clerk/Human Resources Director Mallonee, Finance Director Williams, Community & Economic Development Director Souza Elms, Police Chief Brizzee, Police Commander/Acting Fire Chief Reyna, Public Works Director/City Engineer Than.

CONSIDERATION OF APPROVAL OF AGENDA: Motion by Jones, seconded by Llamas to approve the agenda as submitted, allowing the Mayor to change the order of presentations. The motion carried by the affirmative action of all Council Members present, Faria absent.

PRESENTATIONS: PROCLAMATION RECOGNIZING THE 75TH ANNIVERSARY OF SOCIETY FOR DISABILITIES: CERTIFICATE OF RECOGNITION - IVAN MENDEZ,

POLICE SERGEANT, CITY OF LOS BANOS EMPLOYEE OF THE MONTH FOR MAY 2022: CERTIFICATE OF RECOGNITION - GILBERT SANCHEZ, PUBLIC SAFETY CUSTODIAN, 2021 LOS BANOS POLICE DEPARTMENT SUPPORT STAFF EMPLOYEE OF THE YEAR: CERTIFICATE OF RECOGNITION - ELIZABETH MARTINEZ, PUBLIC SAFETY DISPATCHER, 2021 LOS BANOS POLICE DEPARTMENT PUBLIC SAFETY DISPATCHER OF THE YEAR. Mayor Pro Tern Lambert read and presented the Proclamation Recognizing the 75th Anniversary of Society for Disabilities for which Cathy Mendoza, Executive Director with Society for disABILITIES was present to accept and thanked the City Council for the recognition; he read and presented the Certificate of Recognition - Ivan Mendez, Police Sergeant, City of Los Banos Employee of the Month for May 2022, who was present to accept and thanked the City Council for the recognition; he read and presented the Gilbert Sanchez, Public Safety Custodian, 2021 Los Banos Police Department Support Staff Employee of the Year; he presented the Certificate of Recognition - Elizabeth Martinez, Public Safety Dispatcher, 2021 Los Banos Police Department Public Safety Dispatcher of the Year. 13 PUBLIC FORUM: MEMBERS OF THE PUBLIC MAY ADDRESS THE CITY COUNCIL

MEMBERS ON ANY ITEM OF PUBLIC INTEREST THAT IS WITHIN THE JURISDICTION OF THE CITY; INCLUDES AGENDA AND NON-AGENDA ITEMS. NO ACTION WILL BE TAKEN ON NON-AGENDA ITEMS. SPEAKERS ARE LIMITED TO A FIVE (5) MINUTE PRESENTATION. DETAILED GUIDELINES ARE POSTED ON THE COUNCIL CHAMBER INFORMATIONAL TABLE. Mayor Pro Tern Lambert opened the public forum and asked those at the meeting if they would like to speak:

MARIA SALINAS, Rancho Los Banos Mobile Home Park resident, stated that she is here again tonight to get compassion from you, she has been coming to Council Meetings since April to speak about the horrible homeless encampment situation by their mobile home park, this situation has been going on for 2 years, spoke regarding a helicopter incident with a homeless encampment person, thanked Council Member Lewis for addressing the matter, how she hasn't heard the drummer boy for some time and it has been a blessing; SHANDRA LEWIS, Assistant Manager of Rancho Los Banos Mobile Home Park, made a plea to remove the homeless encampment near their mobile home park and hopes to be back on the agenda as an action item; NANCY CLINE, Riverbank, spoke regarding the Los Banos Animal Shelter and her background and history with animal shelters, how she has been coming to the animal shelter two times a week, spoke to the hundreds of animals she has saved, concerns with why dogs were being euthanized, the animal shelter hours and the need to have them open during the weekends, how the shelter is dilapidated and the inside is mess, she is proposing a Task Force be created to address the issues at the animal shelter, how she has met with Sergeant Mendez and Commander Reyna to provide numerous ideas for efficiency, she makes herself available to the City Council and supports Animal Control Officers Martin and Estrada and is committed to the animals in Los Banos; SUZANNE CARDOSO, Los Banos, spoke regarding the animal shelter and her past experience, her concerns with the animals in the shelter, how the animal shelter is way overdue and feels that $1 million allocated towards the animal shelter needs to be more, major changes need to be made, and spoke regarding how she has started a petition that has over 800 signatures. Mayor Pro Tern Lambert inquired if any written comments had been received and City Clerk Mallonee stated that she received the following comment by email: SANDRA BENETT!, Peninsula Clean Energy, giving an update on the E-Bikes for Everyone Program and how successful it was and writing regarding the services Peninsula Clean Energy provides.

No one else came forward to speak and the public forum was closed.

CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Motion by Jones, seconded by Lewis to approve the consent agenda as follows: Check Register for #232902 - #233326 in the Amount of $901,199.05; Minutes for the June 1, 2022 City Council Meeting; City Council Resolution No. 6512 - Reauthorizing Remote Teleconference Meetings of the Legislative Bodies of the City of Los Banos Pursuant to the Provisions of AB 361; City Council Resolution No. 6513 - Authorizing the City Manager to Charge Flat Rate for Late Penalties for Delinquent Water, Wastewater, and Solid Waste Services through December 31, 2022; City Council Resolution No. 6514 - Approving and Adopting Final Tract Map No. 2015-01 Southpointe at Regency Park, Phase 8 and Accompanying Subdivision Improvement Agreement (Stonefield Home, Inc.); City Council Resolution No. 6515 - Approving and Adopting Final Tract Map No. 14 2015-01 Southpointe at Regency Park, Phase 9 and Accompanying Subdivision Improvement Agreement (Stonefield Home, Inc.); City Council Resolution No. 6516 - Amending the Fiscal Year 2021-2022 Budget as it Pertains to Increasing Expenditures in the Fleet Fund for Gasoline and Oil in the Amount of $25,000; City Council Resolution No. 6517 -Amending the Fiscal Year 2021-2022 Budget and Approving the Increase in Expenditures of the American Rescue Plan Act (ARPA) Funding in the Amount of $14,000 to Support the Purchase and Installation of a Fire Station Radio Tone Splitting System.

The motion carried by the affirmative action of all Council Members present, Faria absent.

PUBLIC HEARING - TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF THE APPROPRIATION LIMITATION FOR THE 2022-2023 FISCAL YEAR (FY): CITY COUNCIL RESOLUTION NO. 6518-SETTING THE TAX RELATED APPROPRIATION LIMIT IN COMPLIANCE WITH PROPOSITION 4 AND PROPOSITION 111 FOR THE 2022-2023 FY. Finance Director Williams presented the staff report.

Mayor Pro Tern Lambert opened the public hearing. No one came forward to speak and the public hearing was closed.

Motion by Jones, seconded by Llamas, to adopt City Council Resolution No. 6518 - Setting the Tax Related Appropriation Limit in Compliance with Proposition 4 and Proposition 111 for the 2022-2023 FY. The motion carried by the affirmative action of all Council Members present, Faria absent.

PUBLIC HEARING - TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF THE 2022-2023 FISCAL YEAR (FY) BUDGET; CITY COUNCIL RESOLUTION NO. 6519 -ADOPTING THE 2022-2023 FY BUDGET, INCLUDING EMPLOYEE SALARY SCHEDULE (DIVISION 4) OF THE LOS BANOS POLICY & PROCEDURES MANUAL AND THE CAPITAL IMPROVEMENT PLAN SUMMARY. Finance Director Williams presented the staff report, which included a PowerPoint presentation.

There was Council Member and staff discussion regarding trimming and how it will coincide with Ronnys Landscaping Agreement and how staff is working on an extended contract with Ronnys Landscaping, and updating a new Landscaping Contract to fit our new standards and needs.

Mayor Pro Tern Lambert opened the public hearing. ANN McCAULEY, Los Banos, inquired as to what the $1 million will do for the animal shelter and how much a new one would cost; Public Works Director/City Engineer Than stated that $1 million will replace the office building and will have an engineering firm analyze the needs and what the remaining funding can do; NANCY KLEIN, Riverbank, spoke regarding animal shelter funding, mandated chips, vaccine, vehicles, animal shelter upgrade and bid documents, what upgrades are being done with the budgeted funds and the extra $1 million, what's the time line and will there be a public hearing for the project; Finance Director Williams explained the budget numbers and planned expenditures; Public Works Director/City Engineer Than stated that the City has not yet selected a firm and a formal request for proposal needs to go out to get a firm board and also spoke to the proposed timeline of improvements. No one else came forward to speak and the public hearing was closed. 15 Motion by Lewis, seconded by Jones to adopt City Council Resolution No. 6519 - Adopting the 2022-2023 FY Budget, Including Employee Salary Schedule (Division 4) of the Los Banos Policy & Procedures Manual and the Capital Improvement Plan Summary.

The motion carried by the affirmative action of all Council Members present, Faria absent.

PUBLIC HEARING - TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF A GENERAL PLAN AMENDMENT 2020-02, ZONE CHANGE #2020-02, AND MITIGATED NEGATIVE DECLARATION (SCH #2021090191 ) FOR THE DEVELOPMENT OF TWO (2) MULTI-FAMILY STRUCTURES TOTALING 18,136 SQUARE FEET WITH SIXTEEN (16) RESIDENTIAL UNITS LOCATED AT 1133 F

STREET, MORE SPECIFICALLY IDENTIFIED AS ASSESSOR'S PARCEL NUMBERS 025-152-005 (STONEFIELD HOME, INC.); CITY COUNCIL RESOLUTION NO. 6520- APPROVING MITIGATED NEGATIVE DECLARATION (SCH#2021090191 ) AND

MITIGATION MONITORING/REPORTING PLAN FOR F STREET MULTI-FAMILY PROJECT LOCATED AT 1133 F STREET, MORE SPECIFICALLY IDENTIFIED AS ASSESSOR'S PARCEL NUMBER 025-152-005: CITY COUNCIL RESOLUTION NO. 6521 - APPROVING GENERAL PLAN AMENDMENT #2020-02 TO REDESIGNATE APPROXIMATELY 0.9 ACRES LOCATED AT 1133 F STREET, MORE SPECIFICALLY IDENTIFIED AS ASSESSOR'S PARCEL NUMBER 025-152-005 FROM INDUSTRIAL TO HIGH DENSITY RESIDENTIAL; ORDINANCE NO. 1198 - AMENDING THE OFFICIAL ZONING MAP BY REZONING PROPERTY LOCATED AT 1133 F STREET ON ASSESSOR'S PARCEL NUMBER 025-152-005 FROM GENERAL COMMERCIAL (C-1 ) TO HIGH DENSITY RESIDENTIAL (R-3) (FIRST READING & INTRODUCTION).

Community & Economic Development Director presented the staff report, which included a PowerPoint presentation.

There was Council Member and staff discussion regarding the access points and improvements, traffic concerns, discussion with CalTrans, no concerns from public safety with this new development, and the security surveillance requirements with the project, if there be restriction on the number of people living in each the home and how the City is prohibited from providing that type of restriction, the project has adequate parking, parking lanes which will mitigate overflow parking on the street, if the developer plans to keep and manager this project, if this project will this come back to the City Council for final approval and how this approval was under the Planning Commission purview based on the City's zoning code.

Mayor Pro Tern Lambert opened the public hearing. ANN McCAULEY, Los Banos, inquired as to the size of each structure and if the size will vary; RICK MUMERT, Benchmark Engineering, thanked Community & Economic Development Director Elms for making the presentation, appreciates staff help and Council Members comments, spoke regarding the color rendering presented to Planning Commission being very detailed, landscaping was enhanced and elevated, noting that this is a vacant area and with the project and the new Police Department Facility this will help redevelop this area, restriction of number of residents is unlawful, 50% of the units are 1 bedroom and 50% are 2 bedrooms, there is guest parking and street parking, is not sure yet if the developer will manage the property, and assigned tenant parking. No one else came forward to speak and the public hearing was closed.
16 Motion by Jones, seconded by Llamas, a motion of intent to adopt City Council Resolution No. 6520 - Approving Mitigated Negative Declaration (SCH#2021090191) and Mitigation Monitoring/Reporting Plan for F Street Multi-Family Project Located at 1133 F Street, More Specifically Identified as Assessor's Parcel Number 025-152-005.

The motion carried by the affirmative action of all Council Members present, Faria absent.

Motion by Jones, seconded by Llamas, a motion of intent to adopt City Council Resolution No. 6521 - Approving General Plan Amendment #2020-02 to Redesignate Approximately 0.9 Acres Located at 1133 F Street, More Specifically Identified as Assessor's Parcel Number 025-152-005 from Industrial to High Density Residential. The motion carried by the affirmative action of all Council Members present, Faria absent.

Motion by Jones, seconded by Llamas to waive the first reading of Ordinance No. 1198 -Amending the Official Zoning Map by Rezoning Property Located at 1133 F Street on Assessor's Parcel Number 025-152-005 From General Commercial (C-1) to High Density Residential (R-3). The motion carried by the affirmative action of all Council Members present, Faria absent.

Motion by Jones, seconded by Llamas to introduce Ordinance No. 1198 -Amending the Official Zoning Map by Rezoning Property Located at 1133 F Street on Assessor's Parcel Number 025-152-005 From General Commercial (C-1) to High Density Residential (R-3).

The motion carried by the following roll call vote: A YES: Jones, Lambert, Lewis, Llamas; NOES: None; ABSENT: Faria.

CONSIDERATION OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 6522 - DECLARING THE EXISTENCE OF LEVEL 2 WATER SUPPLY SHORTAGE CONDITIONS. Public Works Director/City Engineer presented the staff report, which included a PowerPoint presentation.

Motion by Jones, seconded by Llamas to adopt City Council Resolution No. 6522 - Declaring the Existence of Level 2 Water Supply Shortage Conditions. The motion carried by the affirmative action of all Council Members present, Faria absent.

COUNCIL MEMBER REQUEST - DISCUSSION REGARDING HOMELESS
ENCAMPMENT (COUNCIL MEMBER LEWIS). Police Chief Brizzee presented the staff report, which included a PowerPoint presentation.

There was Council Member and staff discussion regarding the representation of the homeless encampment today, now they are throwing things over to the adjacent mobile home park, major concern being that the engagement was not at the initial placement of this fence, how this happened without anyone knowing, how they felt unimportant, homelessness does not mean that you are not responsible for yourself or follow the rules and regulations, how these folks seem to have some type of unity against the rules, provide more citations and hold more people accountable who violating penal codes, health and safety codes and other Los Banos Municipal Codes, the Bigsby Law and how 17 that applies here, how not treating mentally ill people will leave society as a whole to have to endure the illness they suffer without treatment, need to figure out something to resolve these concerns, Project Room Key has been helpful for those that are not mentally ill, cost of living in California will make it hard for anyone to find a home, thoughts of moving the encampment southeast but there would be complaints for that too, the City has property by the water tower to move it there and have the Los Banos Unified School District bus barn moved closed to the apartments, maybe move the encampment further away down Place Road, how they want people who need to have their rest and peace have it, not sure that any of us would want this in our back yard, not a good idea to put it by the rail trail because of the kids, how we are asking staff to have a magic ball, by just moving it will put us in the same situation, the best solution would be to provide more officers out there, besides that we are just guessing, how this is a problem that is not going away, how staff is trying to come up with solutions and ideas to deal with this issue, and encouraged residents to call the Police Department when they have issues or concerns, how this is not an overnight solution. Police Chief Brizzee gave special recognition to Police Sergeant Ivan Mendez who was just recognized as Employee of the Month and who works hard on these homeless issues every day.

Informational item only, no action taken.

ADVISEMENT OF PUBLIC NOTICES. (No Report)
CITY MANAGER REPORT. No report

REPORT/UPDATE ON MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG), PENINSULA CLEAN ENERGY (PCE), AND MEASURE V COMMITTEE. No report, Mayor Faria absent.

CITY COUNCIL MEMBER REPORTS.

REFUGIO LLAMAS: Spoke regarding receiving an update on the Traffic Safety Speed Cushion Policy and how he has some residents concerned with traffic in their area; would also like to have a presentation regarding the understanding of the City's preparedness level if there were a mass casualty situation; concerned that we are newly into fire season and we still do not have a Fire Chief or Assistant Fire Chief and we now have a Police Commander down, senior level staff are leaving, there seems to be an exodus and vacuum of key personnel, this all affects morale and safety of our residents, wants to know why it has taken so long to fill these positions; Public Safety is our number 1 concern; and the homeless situation we are dealing with is a shame it has come to this.

BRETT JONES: Stated that we want staff to do a lot of projects and work, we pepper them with lots of projects, he would ask Council to step back and let staff work and not get in the trenches, we need to stop back seat driving.

KENNETH LAMBERT: No report
18 DEBORAH LEWIS: No report
MAYOR TOM FARIA: Absent
City Attorney Vaughn made note that Mayor Faria is not here in person tonight, but he will be attending closed session telephonical/y under the criteria of AB 361.

CLOSED SESSION - PUBLIC EMPLOYEE DISCIPLINE/DISMISSAURELEASE, PURSUANT TO GOVERNMENT CODE SECTION 54957(8 ). Mayor Pro Tern Lambert stated that by a vote of 3-2 the City Council has taken action to terminate City Manager Josh Pinheiro's at will employment with the City without cause pursuant to his employment agreement with the City by the following vote: AYES: Faria, Lewis, Llamas, Faria; NOES: Jones, Lambert.

ADJOURNMENT. The meeting was adjourned at 9:51 p.m.

APPROVED:

Manuel Thomas Faria Ill, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
19 THIS PAGE IS INTENTIONALLY LEFT BLANK
20 CITY OF LOS BANOS

SPECIAL CITY COUNCIL MEETING MINUTES
JUNE 22, 2022
ACTION MINUTES - These minutes are prepared to depict action taken for agenda items presented to the City Council. For greater detail of this meeting refer to the electronic media (CD and/or audio) kept as a permanent record.

CALL TO ORDER: Mayor Faria called the City Council Meeting to order at the hour of 7:00 p.m.

PLEDGE OF ALLEGIANCE: The pledge of allegiance was led by Police Commander Reyna.

ROLL CALL - MEMBERS OF THE CITY COUNCIL PRESENT: Council Members Brett Jones, Kenneth Lambert, Deborah Lewis, Refugio Llamas, Mayor Tom Faria; Absent:

None.

STAFF MEMBERS PRESENT: City Attorney Vaughn, City Clerk/Human Resources Director Mallonee, Police Commander/Acting Fire Chief Reyna.

CONSIDERATION OF APPROVAL OF AGENDA: Motion by Lewis, seconded by Llamas to approve the agenda as submitted. The motion carried by the affirmative action of all Council Members present.

PUBLIC FORUM: MEMBERS OF THE PUBLIC MAY ADDRESS THE CITY COUNCIL

MEMBERS ON ANY ITEM OF PUBLIC INTEREST THAT IS WITHIN THE JURISDICTION OF THE CITY; INCLUDES AGENDA AND NON-AGENDA ITEMS. NO ACTION WILL BE TAKEN ON NON-AGENDA ITEMS. Mayor Faria opened the public forum and asked those at the meeting if they would like to speak: ANN McCAULEY, Los Banos, reading from a prepared letter that is on file with the City Clerk, stating that she has never been in such shock and disbelief, she knows that we can't know all the details but we should at least know at least some of why, concerns with Pioneer Road extension, so many job vacancies in the City, what's going on with this City that we are so dysfunctional, why was the prior City Manager let go when others were allowed to stay, wasted dollars, she wants to hear from each council member as to why this happened ad how individual reasons are important, the City now has a reputation for firing city managers, and the amount of time it will take to recruit a new city manager; PENNY GLICK, Los Banos, business owner in Downtown Los Banos, stated that she is upset that this agenda was put out at the last minute, noting the clerical error regarding public comment, shouldn't a special meeting been set up the day after terminating the city manager, disappointed on the Yes votes of Faria, Lewis, Llamas on the vote, she is born and raised in Los Banos, as is her children, how it is time to start thinking about their future and their community, understands the need to change, do we not want change, we deserve a better city council; KA THY BALLARD, Los Banos, she thought this meeting 21 was just to decide what our next steps were going to be in regards to the vacant city manager position, she has been on a lot of committees where this has happened, you take a vote and you move one, when you talk about our next step there is the League of California Cities that might have a retired city manager that could fill in, you need an experienced city manager in the interim; GREG WILSON, Los Banos, has lived in Los Banos 26-27 years, he retired and went into the non-profit world, he has found over the years that here are times when decisions are made by the board of directors, but for someone who has only been employed for this city for 9 months and you terminate him, don't know him, there is more to this than what most people know, there is something going on in City Hall with someone who doesn't like the way the city Manager is conducting his business, your job is not to get involved in what is going on in City Hall, you are to give him direction and make sure he does his job, if someone can't do his job in 9 months, you guys need to be held accountable to the City, the Police Department is a revolving door, we can't hire a deputy fire chief, why, the election is coming up, maybe it is time for some real changes; SANDY MEDRANO, Los Banos, stated she went to the opening of the new Los Banos Police Station and everyone bragged about Josh Pinheiro, no one came to the meeting because they didn't know they could talk, this city's the worse it has ever been; JESS MEDRANO, Los Banos, stated how he went to the opening ceremony for the new Los Banos Police Department, how other city managers have started the program and dropped the ball, how he took the ball and ran with it, you put him up there as what a good job this man has done, next thing you hear you cut the feet right from under him, your boasting him and then firing him, you guys are going back to the 40s and 60s and you ought to be ashamed of yourself, you are still back in the 30s, you need to get up and into this new age, maybe you have been up here too long, the way you are running this city I am ashamed, why can we not keep people in this City, in Police and Fire, if it is personal leave it at home. Mayor Faria asked if there were any written comments received and City Clerk Mallonee stated that she received the following written comment that is on file with the City Clerk: SHARON WILSON wrote regarding what she has been told regarding former City Manager and the type of environment he established and the effect he seem to have on others who may not feel they have a voice, lack of experience and desire to learn and lead the right way. No one else came forward to speak and the public forum was closed.

CLOSED SESSION - PUBLIC EMPLOYMENT, TITLE: INTERIM CITY MANAGER.

PURSUANT TO GOVERNMENT CODE SECTION 54957. Direction given to staff.

ADJOURNMENT. The meeting was adjourned at 8:12 p.m.

APPROVED:

Manuel Thomas Faria Ill, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
22 CITY OF LOS BANOS

SPECIAL CITY COUNCIL MEETING MINUTES
JUNE 28, 2022
ACTION MINUTES - These minutes are prepared to depict action taken for agenda items presented to the City Council. For greater detail of this meeting refer to the electronic media (CD and/or audio) kept as a permanent record.

CALL TO ORDER: Mayor Faria called the City Council Meeting to order at the hour of 6:00 p.m.

PLEDGE OF ALLEGIANCE: The pledge of allegiance was led by Police Commander Reyna.

ROLL CALL - MEMBERS OF THE CITY COUNCIL PRESENT: Council Members Brett Jones, Kenneth Lambert, Deborah Lewis (participating telephonically), Refugio Llamas, Mayor Tom Faria; Absent: None.

STAFF MEMBERS PRESENT: City Attorney Vaughn, City Clerk/Human Resources Director Mallonee, Police Commander/Acting Fire Chief Reyna.

CONSIDERATION OF APPROVAL OF AGENDA: Motion by Lambert, seconded by Llamas to approve the agenda as submitted. The motion carried by the affirmative action of all Council Members present.

PUBLIC FORUM: MEMBERS OF THE PUBLIC MAY ADDRESS THE CITY COUNCIL

MEMBERS ON ANY ITEM OF PUBLIC INTEREST THAT IS WITHIN THE JURISDICTION OF THE CITY: INCLUDES AGENDA AND NON-AGENDA ITEMS. NO ACTION WILL BE TAKEN ON NON-AGENDA ITEMS. Mayor Faria opened the public forum and asked those at the meeting if they would like to speak: Tom Balatti, lifelong resident of Los Banos, reading from a prepared letter that is on file with the City Clerk, stated if I would have met any of you on the street I would have congratulated you on the hiring of Josh Pinheiro, he thought he was doing a lot to improve Los Banos, he was supportive of Police, Fire, Planning and Parks & Recreation, Los Banos Unified School district, Pacheco Park and downtown have been cleaned up, new scoreboards at Colorado Ball Park, he urges the City Council to back track on your decision; CRYSTAL, Los Banos resident for 2 years, talked about her concerns with the municipal leash law, spoke regarding an incident with her dog being attacked by another dog and even attached her, how she called the police station, she feels huge fines should be enforced on your leash laws, concerns with animals needed to be neutered and spaded, and leash laws need to be obeyed for the safety and well-being of residents in Los Banos; NANCY SOARES, Los Banos, reading from a prepared letter that is on file with the City Clerk, stated that 9 months ago she applauded you on a decision to hire a city manager who was a business man not a politician, instead of giving him a chance to prove himself you went from 0-60 in one meeting, no steps were taken to resolve any issues, one of the 23 most important things a city manager could do is put together a budget and you fire him on the same night, it appears to me that this decision was based on emotion and personal feelings, we have not been given reasons, you have to be able to justify your actions.

Mayor Faria asked if there were any written comments received and City Clerk Mallonee stated that she received the following written comment that is on file with the City Clerk:

LAUREN HARRIS wrote regarding how she is a 4th generation resident of Los Banos and how in a handful of months the former city manager was taking Los Banos is a new direction, how kink, respectful, energetic and a hard worker he is, opening the eyes of long-time residents to the idea that Los Banos could be more than just a town you drive through, how she was heartbroken hear of his termination and that the City Council look at the bigger picture and to make Los Banos the best place to live and Josh was doing that. No one else came forward to speak and the public forum was closed.

CLOSED SESSION - PUBLIC EMPLOYMENT, TITLE: INTERIM CITY MANAGER, PURSUANT TO GOVERNMENT CODE SECTION 54957. Direction given to staff.

ADJOURNMENT. Motion by Lambert, seconded by Llamas, the meeting was adjourned at 6:44 p.m. The motion carried by the affirmative action of all Council Members present, Lewis participating telephonically, Jones absent.

APPROVED:

Manuel Thomas Faria Ill, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
24 LOsBanos
A. the C. . ( uls OJ l:aUJornia
Agenda Staff Report
TO: Mayor Faria and City Council Members
FROM: William A. Vaughn, City Attorney
DATE: July 20, 2022
TYPE OF REPORT: Consent Agenda
SUBJECT: Remote Teleconferencing - Per AB 361

RECOMMENDATION
Approve Resolution No. ___ to allow for in person, virtual, and hybrid public meetings.

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
On June 1, 2022 staff brought forward a resolution for City Council consideration concerning reauthorizing remote teleconference meetings pursuant to. AB361. At that meeting the city council approved Resolution No. 6494 to allow for flexibility to meet in person or virtually in response to COVID 19 changing conditions. Pursuant to AB361 the Resolution must be considered by the city council and the required findings must be made every thirty (30) days thereafter or it will expire. 25 DISCUSSION
California's Ralph M. Brown Act was 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 . AB 361 provides that it will sunset on January 1, 2024.

AB 361 amends Section 54953 of the Brown Act to allow virtual public meetings through January 1, 2024 in any of the following circumstances:
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.

The Governor's state of emergency remains, and the Cal OSHA Regulations related to social distancing remain in place.

Virtual meetings are currently allowed under AB 361 because state and local officials are continuing to recommend measures to promote social distancing. In the case of the pandemic, the requisite standards for holding virtual meetings are low. The City Council would only have to find that any state or local official is recommending measures to promote social distancing. Under the plain language of the statute, there does not have to be an order requiring social distancing, and the recommendation only needs to come from a state or local official. Nothing in the bill requires that the recommendation be a formal recommendation of a local health officer or in any sort of formal guideline.

The proposed resolution provides the City Council with the flexibility to allow its commissions and committees to host virtual meetings, while still maintain the City Council's jurisdiction to require in-person meetings as warranted.

AB 361 allows the use of fully virtual meetings under the foregoing conditions, but it does not prohibit hybrid meetings. By adopting the proposed resolution, and continuing to renew it as conditions warrant, the City Council and any subordinate boards are not precluded from holding meetings that have some traditional components and some virtual or telephonic components. The City Council (and other City boards) may hold meetings where some members join in the Council Chambers and some members join virtually. The City Council may also continue to allow both live and virtual 26 public comments, together with reduced capacity in the Chambers as conditions warrant. For any hybrid meetings, AB 361 requires that members of the public be able to make live public comments directly to the Council or other board using telephonic or electronic means and that the agenda identify the means for making public comments.

As noted above, by adopting the proposed Resolution, the City Council is not prohibited from conducting in-person meetings. The Resolution is intended to provide the option to utilize the AB 361 procedures in lieu of the Brown Act's standard teleconferencing requirements. At future City Council meetings, a consent calendar item will be placed on each agenda to reconsider and potentially renew the Resolution.

FISCAL IMPACT
None.

CONCLUSION
Based upon the existing state of emergency and state officials recommendations to socially distance, the City of Los Banos has the ability to continue to meet remotely should if it so choose, assuming the City adopts the proposed resolution making the required findings. The proposed resolution does not require the City of Los Banos to hold meetings via remote teleconferencing and the City Council can continue to meet in person for the time being but allows flexibility to return to remote teleconferencing in response to changing COVID-19 circumstances.

Reviewed by:
~lffi ~omcw-fVl &iJ1t fuM
Brent Kuhn,
Interim Finance Director
27 THIS PAGE IS INTENTIONALLY LEFT BLANK
28 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
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 29 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, on February 7, 2022 the CDPH announced that effective February 16, 2022: universal masking shall remain required in only specified settings; and only unvaccinated persons are required to mask in all indoor public settings; and fully vaccinated individuals are recommended to continue indoor masking when the risk may be high; and
WHEREAS, on February 28, 2022 Governor Newsom issued Executive Order N5-22, which suspends part of the Cal/OSHA Temporary Emergency Standards.

Specifically, effective March 1, 2022, unvaccinated employees are no longer required to wear a face covering in most California workplaces. Notably, however, the universal indoor mask mandate remains in place for certain high-risk settings, such as healthcare and congregate settings; 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 may 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.

WHEREAS, in light of the foregoing, the City Council of the City of Los Banos desires to have the flexibility to meet in person or by remote teleconferencing pursuant to Government Code section 54953(e) as changing COVID-19 circumstances may dictate.

NOW THEREFORE, the CITY COUNCIL OF THE CITY OF LOS BANOS, DOES HEREBY RESOLVE, DECLARE, DETERMINE and ORDER AS FOLLOWS:
30 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. This Resolution does not prevent or prohibit the City Council or any commission, committee or other Brown Act body of the City from holding hybrid meetings (containing both virtual and in-person components) or from meeting in-person, provided such meetings comply with AB 361 and with all state and local health orders. Commissions, committees and other Brown Act bodies shall comply with all rules established by the City Council and/or City Manager for attendance at meetings.

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 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 20th day of July 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, 111, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
31 THIS PAGE IS INTENTIONALLY LEFT BLANK
32 LOs Banos .. f ( n>'>.'>fOCI
Agenda Staff Report
TO:

FROM:

Mayor and Council Members
City
Lucy
Clerk/Human
Mallonee, MMC
Resources
~ Director
DATE: July 20, 2022
TYPE OF REPORT: Consent Agenda
SUBJECT: Awarding Contract for Legal Advertising for Fiscal Year Ending June 30, 2023 and Authorizing and Directing the Interim City Manager to Execute the Agreement(s)
Recommendation:

Award the annual legal advertising contract to both the Merced Sun Star and Westside Express for the Fiscal Year 2022-2023.

Background:

On April 5, 2022, the City released a Request for Proposals (RFP) for Legal Advertising for Fiscal Year 2022-2023 and received two (2) responses, which were insufficient, and therefore the City issued a Notice of Rejection of All Proposals. On June 10, 2022, the City released a new RFP for which two (2) proposals were received, from the Merced Sun Star and the Westside Express.

Discussion:

The California Government Code requires that the City publish legal advertising in a newspaper of general circulation:

Whenever any official advertising, notice, resolution, order, or other matter of any nature whatsoever is required by law to be published in a newspaper, such publication shall be made only in a newspaper of general circulation. (Cal. Government Code §6040)
33 The Public Contract Code requires that each year cities that have more than one (1) newspaper of general circulation publish a notice inviting bids for the publication of legal notices.
"Annually before the beginning of the fiscal year, in cities where there is more than one newspaper of general circulation printed and published, the legislative body shall publish a notice inviting bids and contract for the publication of legal notices required to be published in such a newspaper.

The contract shall include the printing and publishing of all such legal notices during the fiscal year. If there is only one such newspaper, the legislative body may contract with it without advertising for bids." (Cal.

Public Contract Code §20169)
A summary of the two (2) responses were received are as follows:

Date of Adjudication
Days Published
Lead Time
Circulation in Los Banos
Online Publication
Cost per line per column
Cost per inch per column

MERCED SUN STAR
July 14, 1964
Daily, Sunday-Friday
Day before by 10 AM
2,163
No additional cost
$1.28
$11.52

WESTSIDE EXPRESS
January 20, 1999
Weekly, Wednesday
Seven (7) days
2,257
No additional cost
$1.11
$10.00
In the past, the City has awarded the contract to the Los Banos Enterprise (weekly newspaper) and had the benefit of publication in the Merced Sun Star as owner of the Los Banos Enterprise. The flexibility and convenience of two (2) newspapers, a weekly local (The Westside Express) and a daily (Merced Sun Star), will be of benefit to staff in publishing required legal notices.

Fiscal Impact:

The City budgeted approximately $21,000.00 for advertising in the current fiscal year.

Actual legal advertising costs will vary depending on the number of necessary legal advertisements throughout the year.

RFP - June 10, 2022
Proposals
Resolution
0 m d!CCO"(LD:::fct &A nJ fuh_V\ Brent Kuhn, Interim Finance Director 34 LOsBanos
At the Crossroads of California

REQUEST FOR PROPOSALS

FOR PUBLICATION OF

LEGAL NOTICES/LEGAL ADVERTISEMENTS
Release Date
June 10, 2022
Deadline for Submissions
June 24, 2022 at 2:00 P.M.

Contact Person
Lucy Mallonee, MMC
City Clerk/Human Resources Director
City of Los Banos
520 J Street
Los Banos, CA 93635
(209) 827-2412
Email: [email protected]
1 35

REQUEST FOR PROPOSALS

LEGAL NOTICES/LEGAL ADVERTISEMENTS

CITY OF LOS BANOS
A. INTRODUCTION

1. The City of Los Banos (hereinafter referred to as "City") is requesting proposals from a newspaper of general circulation, published and circulated in the City of Los Banos, for publication of required legal notices and legal advertising.

2. The City's anticipated volume of service during each fiscal year is an average of 75 publications for various notices, such as for public hearings, invitation to bidders, and ordinance summaries.

3. The City reserves the right to contract with multiple proposers.

4. Proposals shall be submitted in an envelope marked "Legal Notices/Legal Advertising RFP" in the bottom left hand corner and shall be delivered to the City Clerk of the City of Los Banos, 520 J Street, Los Banos, CA 93635. Faxed or e-mailed proposals will not be accepted. Late proposals will not be accepted. With regard to any proposal sent by mail to the City, the proposer will be solely responsible for its delivery to the City prior to the date and hour set forth herein. Any proposals received subsequent to the date and hour set forth herein, because of delayed mail delivery or any other reason, will not be considered by the City.

5. Copies of the Request for Proposals (RFP) may be obtained at the City Clerk's Office, City Hall, 520 J Street, Los Banos, CA 93635 or online at www.losbanos.org. Any questions regarding the RFP may be posed in writing to the City Clerk, City of Los Banos, 520 J Street, Los Banos CA 93635 or by email at [email protected].

B. GENERAL PROVISIONS
1 . Each proposer shall be responsible for familiarizing themselves with requirements of the RFP and Scope of Work.

2. Publication of Legal Notices/Legal Advertising shall be in a newspaper of general circulation, as defined in California Government Code Section 6020 et. seq.

3. This proposal is subject to Public Contract Code Section 20169, which states:
''Annually, before the beginning of the fiscal year, in cities where there is more than one newspaper of general circulation printed and published, the legislative body shall publish a notice inviting bids and contract for the publication of legal notices required to be published in such a newspaper.

The contract shall include the printing and publishing of all such legal notices during the fiscal year. If there is only one such newspaper, the legislative body may contract with it without advertising for bids."
2 36

4. Attached to, and becoming a part of the proposal and contract, shall be proof that the publication is an adjudicated newspaper of general circulation within the City of Los Banos as set forth in California Government Code Sections 6000-6008.

5. The City reserves the right to evaluate each proposal based on several qualifications including circulation of the paper, days published, experience, samples, ability to respond, lead time, and cost. Although cost is one of the evaluating factors, the City is not bound to award the contract based on price alone.

6. Prices quoted on the proposal shall be in effect from date of bid proposal until June 30, 2023.

7. The City reserves the right to declare as non-responsive and reject any proposal in which material information requested is not furnished or where indirect or incomplete answers or information is provided.

8. The City reserves the right to reject any or all of the proposals received, to negotiate with qualified bidders, or to cancel the request for proposals in part or in its entirety without explanation to the bidders. The City may interview those bidders whose proposals were scored highest.

9. The City reserves the right to revise or amend the request for proposal up to the time set for opening of proposals. Such revisions and amendments, if any, shall be announced by amendments to this solicitation. Copies of such amendments shall be furnished to all prospective Proposers. If the changes are material, the date set for opening of proposals may be postponed. In any case, the proposal opening shall be at least five (5) working days after the last amendment; and the amendment shall include an announcement of the new date, if applicable, for the opening of proposals.

10. The City reserves the right to award contracts to multiple proposers.

11. Proposals must be made on the attached form. Do not remove any of the pages herein but submit as a complete package with any additional information to be provided by the Proposer.

13. Each proposal shall contain copies of the following:
• At least one previously published legal notice
• Documentation verifying circulation numbers
• Judicial decree of adjudication
• Current business license certificate

14. Proposer(s) selected by the City shall be required to enter into a written contract in substantially the form attached hereto, "Attachment B". 3 37
C. SCOPE OF WORK
The scope of services desired includes print advertising for legal notices/legal advertising.

The scope for services includes, at a minimum:

1. Proposer shall have the capability to receive typeset/copy materials and proofs via email. Proposer shall provide City with an email address to be used for transmission of typeset matter.

2. City departments may require that a draft of the publication be submitted for proofreading prior to publication. If errors are found after the sample proof has been checked, a revised corrected proof shall be submitted immediately to said department for approval prior to the publication of the printed advertisements or notices. All printing done hereunder that does not strictly comply with the approved proof furnished by the department originating such publication shall be corrected and republished by and at the expense of the Proposer.

3. The Proposer will provide deadlines and submittal instructions.

4. The Proposer shall submit proof of publication/tearsheet to the requesting City department or provide an online pathway to download the proof of publication/tearsheet and invoice in order to authorize payment by the City.

5. The Proposer should be aware that on occasion, emergency situations may require special handling to meet specific dates. The Proposer must agree and be prepared to assist the City in these special situations.
4 38

PROPOSAL FORM
(Must be filled out completely)

1. GENERAL INFORMATION
NEWSPAPER NAME: _______________________ _
ADDRESS: _________________________ _
PUBLISHER: ____________ CONTACT: _________ _
PHONE NUMBER: __________ EMAIL ADDRESS: _______ _
DATE OF CURRENT ADJUDICATION: _________________ _
CURRENT LOS BANOS BUSINESS LICENSE NUMBER: __________ _

CIRCULATION CITYOF LOS BANOS
HOME DELIVERY AND MAIL: ________ _
SINGLE COPY SALES: __________ _
OTHER: ________________ _
TOTAL CIRCULATION: ____________ _
DAY(S) OF THE WEEK PUBLISHED: _________________ _
REQUIRED LEAD TIME FOR PUBLICATION: ______________ _
LEAD TIME FOR RETRACTIONS OR CORRECTIONS: ___________ _ IS ONLINE PUBLICATION AVAILABLE AT NO ADDITIONAL COST? _______ _

2. PRICE INFORMATION
LEGAL NOTICES/LEGAL ADVERTISING:

Cost per line per column $ _______ Column size ____ _
Cost per inch per column $. _______ Column size ____ _
Cost for subsequent runs $ ______ _
Discount for camera ready electronic
Submission via the internet or e-mail $ -------
Cost to publish "Attachment A" $. ______ _
PLEASE NOTE: Each proposal MUST include copies of:
• Previously published legal notices
• Documentation verifying circulation numbers
• Judicial decree of adjudication
• Current business license certificate
5 39
6 40

ATTACHMENT A
SUMMARY OF ORDINANCE NO. 1196

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOS BANOS, ADOPTING A MILITARY EQUIPMENT POLICY AND ADDING CHAPTER 12 TO TITLE 4 OF THE

LOS BANOS MUNICIPAL CODE TO ADOPT A MILITARY EQUIPMENT USE

ORDINANCE
On May 18, 2022 the Los Banos City Council introduced Ordinance No. 1196, which if adopted will adopt Policy 706 "Military Equipment" as detailed in the complete text of Ordinance No. 1196. A copy of the complete text of the Ordinance is on file with the City Clerk, at 520 J Street.

The purpose of this Ordinance is to ensure the Los Banos Police Department's compliance with California AB 481, which requires California law enforcement agencies to obtain approval of the law enforcement agency's governing body, by adoption of a military equipment use policy, as specified, by ordinance at a regular meeting prior to taking actions relating to the funding, acquisition, or use of military equipment. This Ordinance also requires approval for the continued use of military equipment acquired prior to January 1, 2022. This Ordinance also allows the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified criteria. This Ordinance requires an annual Report to be made to the City Council for as long as the Military Equipment is available for use.

Adoption of this Ordinance will also approve Los Banos Police Department Policy 706 "Military Equipment" which has been posted to the department's website at https://losbanos.org/city-government/departments/police/ab481 I The City Council will consider adoption of this Ordinance at the regular City Council Meeting scheduled for June 1, 2022.

LUCILLE L. MALLONEE, MMC

LOS BANOS CITY CLERK
7 41

ATTACHMENT B

CITY OF LOS BANOS

AGREEMENT FOR PUBLICATION OF

LEGAL NOTICES/ LEGAL ADVERTISEMENTS
THIS AGREEMENT, made and executed this _ day of __ 2022, by and between the City of Los Banos, hereinafter referred to as "City", and __ hereinafter referred to as "Newspaper", a newspaper of general circulation within the City of Los Banos.

RECITALS
Whereas, City is a general law city, formed and existing pursuant to the provisions of the California Government Code; and
Whereas, City released a Request for Proposals for Legal Notices/Legal Advertising on June _, 2022; and
Whereas, City now desires to enter into an agreement with Newspaper, a newspaper of general circulation within the City of Los Banos, to provide the publishing of legal notices/legal advertising.

AGREEMENT
NOW THEREFORE, it is agreed by and between the parties as follows:

1. The Request for Proposals, Proposal, and all amendments thereof, copies of which are attached hereto, are hereby incorporated in and made a part of this Agreement by reference, as though fully set forth herein and all of the foregoing shall constitute the Contract documents. If there is any conflict between the terms of these documents, the terms of this Agreement shall control and prevail.

2. The term of this Agreement shall be for a period beginning on the date of execution of this Agreement and ending June 30, 2023.

3. Newspaper agrees to perform the services set forth in the scope of work as specified in the Contract documents and in the manner specified therein.

4. City agrees to pay Newspaper the amount specified in the Contract documents and in the manner specified herein. Payment will be made on a calendar-month basis in arrears. The Newspaper shall submit all original invoicing with proof of publication/tearsheet to the requesting City department in order to authorize payment by City of Los Banos.

5. Time is of the essence of this Agreement.

6. Newspaper agrees that in the performance of this Agreement, Newspaper 1s an independent Contractor, not an employee, agent or officer of the City. 8 42

7. This Agreement shall be interpreted, construed and given effect in all respects according to the laws of the State of California.

8. Newspaper shall not assign this Agreement, or any part thereof, or any monies due or to become due thereunder without prior written consent of City.

9. Newspaper shall indemnify and hold harmless the City, and its officers and employees, from and against any and all claims, demands, suits, damage, injury and liability, including costs and expenses incurred in connection therewith, however caused, resulting from, arising out of, or in any way connected with the performance of the Agreement.

10. City may terminate the Agreement for convenience if in the best interests of City upon thirty (30) calendar days prior notice. In such event, Newspaper shall be paid for all services performed up to the date of termination.

11. City and Newspaper agree that the law governing this Agreement shall be that of the State of California. Any suit brought by either party against the other arising out of the performance of or otherwise relating to this Agreement shall be filed and maintained in the Superior Court County of Merced.

12. Failure of City to insist upon strict performance of any of the terms and conditions hereof, or failure or delay to exercise any rights or remedies or to properly notify Newspaper in the event of breach, or the acceptance of or payment for any good hereunder, shall not release Newspaper of any of the warranties or obligations of this Agreement and shall not be deemed a waiver of any right of City to insist upon strict performance hereof.

13. All other notices, writings or correspondence as required by this Agreement shall be directed to City and Newspaper, respectively, as follows:

To City:

City of Los Banos
Attn: City Clerk
520 J Street
Los Banos, California 93635
209 827-7000
To Newspaper:

14. No member, official or employee of City shall be personally liable to Newspaper or any successor in interest in the event of any default or breach by City or for any amount which may become due to Newspaper or successor on any obligation under this Agreement. 9 43

15. This Agreement contains the entire agreement of the parties with respect to the subject matter of this Agreement. Any modifications to this Agreement shall be in writing.

16. Newspaper covenants and declares that it has obtained all necessary approvals to bind Newspaper to this Agreement and that the representative signing the Agreement is authorized to do so.

17. Newspaper shall maintain a valid City of Los Banos business license during the term of this Agreement.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates set forth below.

Date: ------
Date: -------
ATTEST:

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

William A. Vaughn
City Attorney
10 NEWSPAPER,
By:

Title: Publisher
CITY OF LOS BANOS, a California
Municipal Corporation
Josh Pinheiro, City Manager
44 PROPOSAL FORM
(Must be filled out completely)

1. GENERAL INFORMATION
NEWSPAPER NAME: M,KlLtA 55\AY\ ~
ADDREss: ?.o • ~ j (lio~6 \rVw, ~ 1 1x 1 6 o(.Q3
PUBLISHER: Mc~ a1rovo.l'\J CONTACT:'\M,\Jbov\\-< tt~
PHONE NUMBER: filJ.:....m b- 1 l ii- EMAIL ADDRESS: ....l.LL.!~~!:...LlaL..l.\A--"-==,-....!..!..!:!ld£U.'v1 DATE OF cu RENT ADJUDICATION: J l.A \ ~ \14 , l ~ l..PLI CURRENT S BANOS BUSINESS LICENSE NUMBER: l,£...- "¾10
CIRCULA ON CITY OF LOS BANOS/'\ t 1 ... -2 i) 4 ,
1 \J
HO E DELIVERY AND MAIL: _·_____: '-l_ \.;......_~_:::> _ ____._\'_v_\, _ _J.1- SIN LE COPY SAL1s: --~::;_()~5" ________ _ OTHER: V,i~ H·~ (g 2-1 TOTAL cIRcuLATION: :SUY\ 0Alj ~ , LR ( oLf
DAY(S)DFTHEWEEK PUBLISHED: (9 bA.j 5 --=--=------1.,.....:""------------- REQUIRED LEAD TIME FOR PUBLICATION:D°''l ~~ ~i \ o· ,ot AM LEAD TIME FOR RETRACTIONS OR CORRECTIONS: \)A.,:\ ½Cb~ ¥z'[ l\ 1•® ~ IS ONLINE PUBLICATION AVAILABLE AT NO ADDITIONAL COST? _:A~-c_,is.::::....__ ___ _

2. PRICE INFORMATION
LEGAL NOTICES/LEGAL ADVERTISING:

Cost per line per column
Cost per inch per column
Cost for subsequent runs
Discount for camera ready electronic
Submission via the internet or e-mail
Cost to publish "Attachment A"
$_l_,_")..- _1 ___ Column size \.t;4(.p ' 1
$__._\ \_·_~_1-___ Column size j. /:;t;(.p r
1 $ l. '2-,,i
PLEASE NOTE: Each proposal MUST include copies of:
• Previously published legal notices
• Documentation verifying circulation numbers
• Judicial decree of adjudication
• Current business license certificate
5 45

PROPOSAL FORM
(Must be filled out completely)

1. GENERAL INFORMATION
NEWSPAPER NAME: The Westside Express I The Dos Palos sun ADDRESS: PO Box 2422
PUBLISHER: Dos Palos Publishing Company CONTACT: Gene Lieb ---------- PHONE NUMBER: 209-704-3831 EMAIL ADDRESS: [email protected] ----------- DATE OF CURRENT ADJUDICATION: January 20, 1999 ------------------ CURRENT LOS BANOS BUSINESS LICENSE NUMBER: BL-2337 ------------ CIR CUL AT 10 N CITY OF LOS BANOS
HOME DELIVERY AND MAIL: _ 2_,2_5_7 _____ _
SINGLE COPY SALES: _ 2_3_1 _______ _ OTHER: ______________ _ TOTAL CIRCULATION: 2,488 (Adding new subscribers daily.) DAY(S) OF THE WEEK PUBLISHED: Wednesday
------------------- REQUIRED LEAD TIME FOR PUBLICATION: Seven Days ---------------- LE AD TIME FOR RETRACTIONS OR CORRECTIONS: Seven Days ------------- 1 S ONLINE PUBLICATION AVAILABLE AT NO ADDITIONAL COST? Yes, no additional cost.

2. PRICE INFORMATION
LEGAL NOTICES/LEGAL ADVERTISING:

Cost per line per column $_1_.1_1______ Column size 1.66 inches Cost per inch per column $ 10.00 Column size 1.66 inches ------- Cost for subsequent runs
Discount for camera ready electronic
Submission via the internet or e-mail
Cost to publish "Attachment A" $80.00
PLEASE NOTE: Each proposal MUST include copies of:
• Previously published legal notices
• Documentation verifying circulation numbers
• Judicial decree of adjudication
• Current business license certificate
5 46
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS AWARDING CONTRACT(S)

FOR PUBLICATION OF LEGAL NOTICES/LEGAL

ADVERTISEMENTS FOR FISCAL YEAR ENDING
JUNE 30, 2023 AND AUTHORIZING AND

DIRECTING THE INTERIM CITY MANAGER TO
EXECUTE AGREEMENT($)
WHEREAS, a Request for Proposals for Legal Notices, Classified and Display Advertising Services was issued on April 6, 2022; and
WHEREAS, two (2) insufficient proposal were received and a Notice of Rejection of All Proposals was issued on June 7, 2022; and
WHEREAS, a Request for Proposals for Publication of Legal Notices/Legal Advertisements was issued on June 10, 2022; and
WHEREAS, two (2) sufficient proposals were received: Merced Sun Star and Westside Express; and
WHEREAS, the City Council has considered both proposals for Publication of Legal Notices/Legal Advertisements the City of Los Banos for the fiscal year ending June 30,2023; and
WHEREAS, the proposed Agreement(s) has been reviewed and approved by the City Attorney.

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

1. The proposal of the Merced Sun Star and Westside Express for Publication of Legal Notices/Legal Advertisements for the City of Los Banos for fiscal year ending June 30, 2022, is hereby accepted.

2. That the Interim City Manager be and is hereby authorized and directed to execute agreements for both the Merced Sun Star and the Westside Express in the form presented herewith for and on behalf of the City.

The foregoing Resolution was adopted at a regular meeting of the City Council of the City of Los Banos held on the 20th day of July 2022, by City Council Member_, who moved its adoption, which motion was duly seconded by City Council Member _, and the Resolution was adopted by the following vote:
47 AYES:

NOES:

ABSENT:

APPROVED:

Manuel Thomas Faria Ill, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
48 CITY OF LOS BANOS

AGREEMENT FOR PUBLICATION OF

LEGAL NOTICES/ LEGAL ADVERTISEMENTS
THIS AGREEMENT, made and executed this _ day of __ 2022, by and between the City of Los Banos, hereinafter referred to as "City", and __ hereinafter referred to as "Newspaper", a newspaper of general circulation within the City of Los Banos.

RECITALS
Whereas, City is a general law city, formed and existing pursuant to the provisions of the California Government Code; and
Whereas, City released a Request for Proposals for Legal Notices/Legal Advertising on June I 0, 2022; and
Whereas, City now desires to enter into an agreement with Newspaper, a newspaper of general circulation within the City of Los Banos, to provide the publishing of legal notices/legal advertising.

AGREEMENT
NOW THEREFORE, it is agreed by and between the parties as follows:

1. The Request for Proposals, Proposal, and all amendments thereof, copies of which are attached hereto, are hereby incorporated in and made a part of this Agreement by reference, as though fully set forth herein and all of the foregoing shall constitute the Contract documents. If there is any conflict between the terms of these documents, the terms of this Agreement shall control and prevail.

2. The term of this Agreement shall be for a period beginning on the date of execution of this Agreement and ending June 30, 2023.

3. Newspaper agrees to perform the services set forth in the scope of work as specified in the Contract documents and in the manner specified therein.

4. City agrees to pay Newspaper the amount specified in the Contract documents and in the manner specified herein. Payment will be made on a calendar-month basis in arrears. The Newspaper shall submit all original invoicing with proof of publication/tearsheet to the requesting City department in order to authorize payment by City of Los Banos.

5. Time is of the essence of this Agreement.

6. Newspaper agrees that in the performance of this Agreement, Newspaper 1s an independent Contractor, not an employee, agent or officer of the City.

7. This Agreement shall be interpreted, construed and given effect in all respects according to the laws of the State of California.
1 49

8. Newspaper shall not assign this Agreement, or any part thereof, or any monies due or to become due thereunder without prior written consent of City.

9. Newspaper shall indemnify and hold harmless the City, and its officers and employees, from and against any and all claims, demands, suits, damage, injury and liability, including costs and expenses incurred in connection therewith, however caused, resulting from, arising out of, or in any way connected with the performance of the Agreement.

10. City may terminate the Agreement for convenience if in the best interests of City upon thirty (30) calendar days prior notice. In such event, Newspaper shall be paid for all services performed up to the date of termination.

11. City and Newspaper agree that the law governing this Agreement shall be that of the State of California. Any suit brought by either party against the other arising out of the performance of or otherwise relating to this Agreement shall be filed and maintained in the Superior Court County of Merced.

12. Failure of City to insist upon strict performance of any of the terms and conditions hereof, or failure or delay to exercise any rights or remedies or to properly notify Newspaper in the event of breach, or the acceptance of or payment for any good hereunder, shall not release Newspaper of any of the warranties or obligations of this Agreement and shall not be deemed a waiver of any right of City to insist upon strict performance hereof.

13. All other notices, writings or correspondence as required by this Agreement shall be directed to City and Newspaper, respectively, as follows:

To City:

City of Los Banos
Attn: City Clerk
520 J Street
Los Banos, California 93635
209 827-7000
To Newspaper:

14. No member, official or employee of City shall be personally liable to Newspaper or any successor in interest in the event of any default or breach by City or for any amount which may become due to Newspaper or successor on any obligation under this Agreement.

15. This Agreement contains the entire agreement of the parties with respect to the subject matter of this Agreement. Any modifications to this Agreement shall be in writing. 2 50

16. Newspaper covenants and declares that it has obtained all necessary approvals to bind Newspaper to this Agreement and that the representative signing the Agreement is authorized to do so.

17. Newspaper shall maintain a valid City of Los Banos business license during the term of this Agreement.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates set forth below.

Date: - -----
Date: -------
ATTEST:

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

William A. Vaughn
City Attorney
3 NEWSPAPER,
By:

Title: Publisher
CITY OF LOS BANOS, a California
Municipal Corporation
Greg Wellman, Interim City Manager
51 THIS PAGE IS INTENTIONALLY LEFT BLANK
52 LOsBanos
At the L- v~snuuls l~/ L~alifornia
Agenda Staff Report
TO: Mayor & City Council Members
FROM:

DATE:

Sokirorn Than, P.E., Public Works Director/City Engin~ I C July 20, 2022
TYPE OF REPORT: Consent Agenda
SUBJECT: Regional Surface Transportation Program (RSTP) Exchange Funds Claim Form Submittal- Fiscal Year 2021/2022
Recommendation:

That the City Council adopt the Resolution authorizing the Acting City Manager to submit claim form on behalf of the City of Los Banos for Fiscal Year 2021/2022 Regional Surface Transportation Program (RSTP) Exchange funds in the amount of $535,984.00 to Merced County Association of Governments (MCAG).

Discussion:

Attached for City Council review is the claim form and Resolution with which the City of Los Banos may claim Fiscal Year 2021/2022 Regional Surface Transportation Program (RSTP) Exchange funds. The amount available to claim by the City of Los Banos is $535,984.00.

Fiscal Impact:

The disbursement of the RSTP funds that are available to the City of Los Banos will be used in conjunction with existing road tax revenues for street and road improvements in the Fis I Year 2022/2023 budget, Street Repair account number 100-431-210-211 .

There· no foreseen additional impact to the City.
-0,ty) a2DYYtta 411 &.(J\j futu
Brent Kuhn, Interim Finance Director
Attach ents:

Resolution
FY 2021/2022 RSTP Exchange Fund Claim Form
FY 2021/2022 RSTP Exchange Fund Apportionment Schedule
53 THIS PAGE IS INTENTIONALLY LEFT BLANK
54 RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS AUTHORIZING THE

ACTING CITY MANAGER TO FILE A REGIONAL

SURFACE TRANSPORTATION PROGRAM
(RSTP) EXCHANGE PROGRAM FUND CLAIM
FORM FOR FISCAL YEAR 2021-2022
WHEREAS, the Merced County Association of Governments (MCAG) and the California Department of Transportation (Caltrans) have entered into a Standard Agreement contract to exchange unobligated balances of federal Regional Surface Transportation Program (RSTP) funds with non-federal State Highway Account funds; and
WHEREAS, Caltrans Division of Programming releases a 5-year ESTIMATE of RSTP Exchange Program apportionments for inclusion in the Federal Transportation Improvement Program (FTIP) Programming document every 2-years to California Metropolitan Planning Organizations (MPOs); and
WHEREAS, MCAG is the designated MPO for Merced County; and WHEREAS, the Annual RSTP Exchange Program fund apportionment is an estimate and subject to change during the fiscal year (FY) due to many Federal Surface Transportation Bill variables including the annual appropriations act as well as other Congressional action (i.e. rescissions); and
WHEREAS, a FINAL RSTP Exchange apportionment amount is published at the end of the FY21-22 and can be different than the ESTIMATE RSTP Exchange apportionment figure; and
WHEREAS, Annually, Caltrans sends MCAG a Standard Agreement contract that includes an RSTP Exchange Program apportionment figure; and WHEREAS, MCAG applies a RSTP population based distribution formula using current Department of Finance (DOF) population estimates (May 2022) to the RSTP apportionment to determine the amount of RSTP Exchange funds to be distributed to MCAG member jurisdictions; and
WHEREAS, the City of Los Banos has an ESTIMATE RSTP Exchange Program fund apportionment amount available to claim in FY21-22 of $535,984.00; and WHEREAS, payment of the ESTIMATE RSTP Exchange fund claim will be subject to all conditions specified in the fully executed standard contract agreement between MCAG and Caltrans, as well as the MCAG RSTP Exchange Claim form requirements: Projects to be funded with this claim are only those projects that are 55 defined under Sections 133(b) and 133(c) of Title 23, United States Code and Article XIX of the California State Constitution, implemented in accordance with the requirements of Section 182.6(d)(1) of the Streets and Highways Code; and WHEREAS, if the FINAL RSTP Exchange apportionment figure is higher for FY21-22 than the ESTIMATE RSTP Exchange apportionment figure, Caltrans would have to revise the RSTP Exchange Standard Agreement contract with the higher RSTP figure before MCAG could instruct the Merced County Auditor Controller's Officer to distribute a greater amount of RSTP Exchange Program funds to member agencies, than identified in this Resolution; and
WHEREAS, if the FINAL RSTP Exchange apportionment figure is lower for FY21-22 than the ESTIMATE RSTP Exchange apportionment amount, Caltrans does not have to revise the RSTP Exchange contract with the lower amount before MCAG could recalculate the available RSTP Exchange Program funds using the same population-based formula and then instruct the Merced County Auditor Controller's Officer to distribute the lower FY21-22 FINAL RSTP Exchange Program fund amount to member agencies; and
WHEREAS, the City of Los Banos has established special gas tax street improvement fund as a requirement to receive the RSTP Exchange Program funds; and WHEREAS, it is deemed in the best interest of the City of Los Banos that the City Manager is authorized to sign the FY21-22 RSTP Exchange Program fund claim form and to submit said claim form to MCAG for processing.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby authorize the Interim City Manager to sign and file the above described FY21-22 RSTP Exchange Program fund claim on behalf of the City of Los Banos in the amount of $535,984.00.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 20th day of July 2022, by Council Member __ _ who moved its adoption, which motion was duly seconded by Council Member __ _ and the Resolution adopted by the following vote:

AYES:

NOES:

ABSENT:

APPROVED:

Manuel Thomas Faria Ill, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
56 MERCED COUNTY

ASSOCIATION OF

GOVERNMENTS
Claim to the Merced County Association of Governments
PH: 209.723.3153
FAX: 209.723.0322
www.mcagov.org
369 W, 181
h Street
Merced, Ca. 93540
for Regional Surface Transportation Program (RSTP) Funds in Exchange for State Highway Account Funds FY 2021/2022
Claimant:

FY 21/22 Claim Amount:

Claim Guidelines:

City of Los Banos
$535,984.00
Projects outlined in the table below to be funded with this claim are only those projects that are defined under Sections 133(b) and 133(c) of Title 23, United States Code and Article XIX of the California State Constitution, implemented in accordance with the requirements of Section 182.6( d)(l) of the Streets and Highways Code.

Claim Instructions:

1. List (print or type) each INDIVIDUAL project to be funded with this claim.

2. List the amount of funds to be used for each project.

3. If the project is not a capacity expanding project and is exempt from the air quality conformance analysis check the "Exempt" box. (I&!)

4. If the project is a capacity expanding project and the "build" alternative of the air quality conformance analysis has been completed for the project as required check the "Air Quality" box. (I&!)
Projtct Cost of Air Exempt
Project Quality - - -
I. Rehabilitation of various major collectors and minor arterial $550,000 □ X roads.

2. $ □ □

3. $ □ □

4. $ □ □
Partnering for Regional Solutions
57 It is understood by this claimant (City of Los Banos) that payment of this claim is subject to approval by the MCAG Governing Board and must be in accordance with the MCAG and Caltrans Agreement. Said monies (and the interest earned on such monies subsequent to allocation) will be used only for those purposes for which the claim is approved.

The undersigned claimant, by accepting these funds agrees to establish a special account for the purpose of depositing funds received from MCAG pursuant to this agreement:
a. For cities, within their Special Gas Tax Street Improvement Fund; or b. For the county, within their County Road Fund
The undersigned claimant, by accepting these funds, agrees to grant the State of California auditors access to their books and records for the purpose of verifying that funds paid hereunder are properly accounted for and proceeds are expended in accordance with the terms of this agreement. All documents will be available for inspection by authorized Caltrans agents at any time during the project development and for a four-year period from the date of completion of the project, or one year after the audit is completed or waived by Caltrans, whichever is later.

If the undersigned claimant fails to use funds received hereunder in accordance with the terms of the agreement, the claimant agrees to return the exchange funds to MCAG for credit to the special account described above.

Further, the Chief Financial Officer of the claimant certifies that the financial information contained herein, is reasonable and accurate to the best of his/her knowledge.

Authorized Representative:

Signature of Interim City Manager
Print Name
Title
Date
Signature of Interim Finance Director
Print Name
58 RESOLUTION 2022/06-16-01

RESOLUTION OF THE MERCED COUNTY ASSOCIATION OF GOVERNMENTS

APPROVING THE DISTRIBUTION OF REGIONAL SURFACE TRANSPORTATION PROGRAM (RSTP) STATE EXCHANGE FUNDS FOR FISCAL YEAR 2021/22 WHEREAS, The Merced County Association of Governments (MCAG) and the California State Department of Transportation (Caltrans) have entered into an agreement to exchange unobligated balances of federally-funded Regional Surface Transportation Program (RSTP) funds with non-federal State Highway Account funds (State Only funds); and WHEREAS, MCAG has allocated the FY 2021/22 RSTP State Exchange funds by formula pursuant to the apportionment distribution to be adopted by the MCAG Governing Board on ________ ; and
WHEREAS, the FY 2021/22 RSTP State Exchange Apportionment Distribution amounts claimed by MCAG member jurisdictions are:

1. The City of Atwater $ 374,582

2. The City of Dos Palos $ 67,712

3. The City of Gustine $ 71,395

4. The City of Livingston $ 170,975

5. The City of Los Banos $ 535,984

6. The City of Merced $ 1,050,517

7. The Count of Merced $ 899.580
TOTAL $ 3,170,745
and
WHEREAS, the Cities of Atwater, Dos Palos, Gustine, Livingston, Los Banos, Merced, and the County of Merced included in this resolution wish to claim their FY 2021/22 RSTP Estimate Exchange apportionments as soon as MCAG and Caltrans are able to fully-execute a standard agreement contract and MCAG receives the funds; THEREFORE, BE IT RESOLVED that MCAG, after consideration of information adopts the following findings:

1. Each entity's proposed expenditures are in conformity with the current Regional Transportation Plan (R TP) document; and

2. Each entity has submitted an adopted local resolution and approved RSTP Exchange claim form before they will receive any distribution ofRSTP exchange funds; and

3. Each entity's proposed expenditures are in accordance with the terms and RSTP project eligibility requirements of the approved claim form.
59 -BASED UPON THESE FINDINGS, BE IT FURTHER RESOLVED that MCAG does hereby approve the claims of the Cities of Atwater, Dos Palos, Gustine, Livingston, Los Banos, Merced, and the County of Merced for RSTP State Exchange monies pursuant to a standard contract agreement with Caltrans for the Fiscal Year 2021/22.

BE IT FURTHER RESOLVED that the RSTP State Exchange apportionment amounts shown above shall be made in singular payments to the member agencies once the funds are distributed to MCAG by the State Controller's Office.

The foregoing resolution was introduced at the regular meeting of the MCAG Board, held on June 16 , 2022 by Director Nagy who moved its adoption, which motion was duly seconded by Director Serratto and which was adopted by the following vote:

AYES: Directors Cale, Hogue, Lewis, Nagy, Pareira, Pedrozo, Serratto, Silveira, Soto
NOES: None
ABSENT: Directors Espinozaaarld McDaniel
ATTEST: APPROVED:

Lloyd Pareira Jr., Chair
Merced County Association of Governments Merced County Association of Governments 60 (Date)
61 THIS PAGE IS INTENTIONALLY LEFT BLANK
62 LOsBanos
Agenda Staff Report
TO: Mayor Faria and City Council Members
FROM:

DATE:

Stacy Souza Elms, Community and Economic Development Director 1~ July 20, 2022
TYPE OF REPORT: Agenda Item
SUBJECT: Noise Variance #2022-01 for Temporary Construction of the Los Banos Police Station
Recommendation:

That the City Council adopt a Resolution finding the proposed project to be cateforically exempt from the California Environmental Quality Act pursuant to Section 15332, Infill Development Projects, and approval of Variance #2022-01 to allow construction noise associated with the Los Banos Police Station to commence earlier than permitted within the Zoning Code.

Background:

The applicant, Swinerton Builders, on behalf of the City of Los Banos, is requesting approval of Variance #2022-01, to allow potentially excessive noise associated with the construction of the new Los Banos Police Department Station located at 1111 G St.

The Los Banos Planning Commission considered the previously stated item at a public hearing on July 13, 2022. The Planning Coromjssion recommended approval of the Noiss Variance to the Los Banos City Council.

It should be noted that the Los Banos Couthouse Project located immediately adjacent to the new Police Station was granted a similar request in April 2015 for the construction of the new Courthouse.
1 63
Discussion:

The construction of the Los Banos Police Station, will consist of the development of two (2) structures, the Police Station and a corrugated metal impound evidence building, totaling 32,500 square feet and other associated site improvements such as but not limited to; grading, paving, drainage, undergrounding utilities, etc. The applicant is requesting a noise variance to commence construction work onsite earlier than the permitted 7:00 am start as specified in the Los Banos Municipal Code, Title 9, Chapter 3, Article 27. The Municipal Code requires a start time Monday through Friday no sooner than 7:00 am and Saturday through Sunday no sooner than 8:00 am.

The applicant is proposing the temporary construction noise variance to begin c rue ion at 5:30 am Monday thru Sund as ne d). Due to the extreme Fieat in e summer months, 1 presents a sa ety concern due to the risk of heat illness. Starting earlier m ""ffie aay would help reduce this risk significantly. In addtion, the applicant is requesting concrete pours to occur at night starting between the window of 1-5 am for the casting of the concrete tilt up walls. Concrete poured in hot weather can lead to shrinkage (cracking) and can cause the contrete to set too quickly which can reduce it's strength and integrity.

LOCATION:

The project site is located within the Public Facilities Zoning District and the Civic/Institutional land use designation at 1111 G St., Assessor's Parcel Number: 026- 161-003 and 011.
2 64
LAND USE:

The following table shows the adjacent land uses:

Property
Project Site
North
East
South
West
Land Use
Vacant
City Corporate yard
Civic/ Institutional
Rail Trail
Vacant
PF = Public Facilities
C-1 = General Commercial
R-C = Rail trail Corridor
M-X = Mixed Use
ENVIRONMENTAL ASSESSMENT:

Zone General Plan
PF
C-1
PF
R-C
R-C
C/I =Civic/Institutional
I = Industrial
P = Park
C/I
I
C/I
p
M-X
Pursuant to the California Environmental Quality Act (CEQA) and the City of Los Banos Environmental Quality Guidelines, this project was previously evaluated in the Los Banos Police Station Facility (SCH#2018101013) Negative Declaration which was approved by the Los Banos City Council on December 5, 2018. However, in reference to the requested noise variance, pursuant to the California Environmental Quality Act (CEQA) and the City of Los Banos Environmental Quality Guidelines, staff has determined that the proposed project is found to be exempt from the provisions of the California Environmental Quality Act pursuant to Article 19 Section 15332, In-Fill Development Projects. Staff has determined that the proposed project was adequately described, examined and evaluated in the Initial Study and that no significant new information or changes in the environmental setting have occurred that would result in new or greater significant effects.

ANALYSIS:

Code Requirements:

Los Banos Municipal Code, Title 9, Chapter 3, Article 27, Noise Control, regulates excessive noise levels that are detrimental to the public health, welfare, and safety and contrary to the public's interest such as; interference of sleep, communication, relaxation, and the full use of one's property, contributing to hearing impairment and a wide range of adverse physiological and psychological stress conditions, and adversely affecting the value of real property. Furthermore, Los Banos Municipal Code Section 9-3.2706(b) exempts any noise sources associated with construction provided such activities do not take place before 7:00 am or after 9:00 pm on any day, except Saturday or Sunday, or before 8:00 am or after 5:00 pm on Saturday or Sunday. As previously stated the applicant is requesting to commence construction activities at 5:30 am, and to our concrete between the night hours of 1 :00 ani to 5:00 am. Pursuant to the Los Banos Municipal Code Section 9-3.2711, a variance may be granted when the application for a variance from the strict compliance with any particular provision of this article where such variance will not result in a hazardous condition or a nuisance, and strict compliance would be unreasonable in view of all the circumstances. In accordance with to Los Banos 3 65
Municipal Code Section 9-3.2711(c), the Planning Commission shall make the following findings prior to the variance being granted:

1. Uses of property within the area affected by noise;
The uses within the area affected by the construction noise are; the Merced County Courthouse directly to the east, the rail trail and an unattended fleet gas station to the south, and the City of Los Banos Corporate Yard to the north. The nearest residential use is located to the northeast of the project approximately 400 feet away on G Street vacant land exists to the west and north of the project site.

2. Factors related to initiating and completing all remedial work; Conditions of approval have been incorporated to mitigate any affects.

3. The age and useful life of the existing noise source; The noise source will be temporary coinciding with the construction of the Los Banos Police Station. The construction noise will cease when the Police Station is completed.

4. The general public interest, safety, health and welfare; The granting of the Variance is consistent with the Los Banos Municipal Code Title 9, Chapter 3, Article 27, Noise Control and will not infringe or inhibit the public interest, welfare and safety of the surrounding area as the construction noise will be will be temporary and shall coincide with the construction of the Los Banos Police Station and the construction noise will cease when construction is completed.

5. The existence of the noise prior to December 4, 1987; and The construction noise will commence with the construction of the Police Station, therefore the noise source has not existed prior to December 4, 1987.

6. The existence of the noise source prior to the existence of affected noisesensitive receivers.

The construction noise has not existed previously and will commence and cease as the construction of the police station initiates and completes. 4 66
Attachments:
1 . Resolution
Exhibit A
Exhibit B
Exhibit C
CEQA Findings
Findings for Approval
Conditions of Approval
5 67

THIS PAGE IS INTENTIONALLY LEFT BLANK
68 RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS APPROVAL OF NOISE
VARIANCE PERMIT 2022-01 TO ALLOW

CONSTRUCTION ASSOCIATED WITH THE LOS

BANOS POLICE STATION PROJECT TO
COMMENCE WORK PRIOR TO 7:00 A.M.

MONDAY THRU SUNDAY AT THE LOCATION OF
1111 G STREET
WHEREAS, the applicant has requested that the City of Los Banos consider a noise variance to allow construction noise associated with the Los Banos Police Station Project to begin work at 7:00 am for the property located at 1111 G Street; further identified as Assessor's Parcel Number: 026-161-003, 011.

WHEREAS, the Los Banos Municipal Code Section 9-3.2711(a) states that any noise source for which it has been determined violates any of the provisions of the Noise Ordinance may file an application for a variance from the strict compliance with any particular provision of the Noise Ordinance where such variance will not result in a hazardous condition or a nuisance, and strict compliance would be unreasonable in view of all the circumstances; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA) and the City of Los Banos Environmental Quality Guidelines, the project has been determine to be categorically exempt from the provisions of CEQA per Article 19, Section 15332 - Infill Project; and WHEREAS, the Los Banos Planning Commission held a public hearing on July 13, 2022, for the purpose of considering Noise Variance #2022-01 and at the completion of the public hearing, duly considered the evidence presented and recommended conditional approval of Noise Variance #2022-01 to the Los Banos City Council; and WHEREAS, the Los Banos City Council reviewed said Noise Variance request and staff report, has studied the compatibility of the · applicant's request with adjacent land uses and has considered this request in accordance with the Los Banos Municipal Code; BASED UPON THE EVIDENCE PRESENTED, the City Council of the City of Los Banos hereby makes the appropriate findings set forth in Exhibit A (California Environmental Quality Act (CEQA) Findings), and Exhibit B (Findings for Approval), attached hereto and incorporated herein by this reference. 1 69
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby approve Noise Variance #2022-01 to allow construction noise associated with the Los Banos Police Station to begin work prior to 7:00 am for the property located at 1111 G Street, further identified as Assessor's Parcel Number: 026- 161-003, 011, subject to the Conditions of Approval set forth in Exhibit C, attached hereto and incorporated herein by this reference.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 20th day of July 2022, by Council Member --- who moved its adoption, which motion was duly seconded by Council Member __ _ and the Resolution adopted by the following vote:

AYES:

NOES:

ABSENT:

APPROVED:

Manuel Thomas Faria 111, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
2 70
LOsBanos
TO:

FROM:

DATE:

Al t Ii 1· roads of C
Agenda Staff Report
Mayor & Council Members
Greg Wellman, Interim City Manager
Lucy Mallonee, MMC~
City Clerk/Human Resources Director
July 20, 2022
SUBJECT: City Manager Recruitment Services
TYPE OF REPORT: Agenda Item
Recommendation:

Staff recommends any or all of the following:
·ma

1. The City Council review and discuss the proposals received from the three (3) executive recruiting firms.

2. The City Council direct Staff to schedule interviews (either at an adjourned meeting, special meeting or the next regular meeting of the City Council) with all of the three (3) recruiting firms or in the alternative, the City Council select a preferred group of less than all three (3) to be interviewed.

3. In the alternative, the City Council could select one of the firms based upon the proposals received without conducting interviews and direct the Interim City Manager to enter into a professional services agreement with the selected firm.

Background:

The position of City Manager became vacant on June 15, 2022, with the duties now temporarily performed by Interim City Manager Greg Wellman. The recommended action 71 will initiate the process to select a new permanent City Manager. The most typical approach to recruiting a new City Manager involves the use of a professional executive search firm. Qualified firms keep themselves apprised of professionals that would make suitable candidates, are able to offer unique outreach services to individuals that might not otherwise apply for the position, help to reduce any perception that the process is not impartial and work directly for the City Council, to whom the City Manager directly reports.

While such a recruitment could conceivably be accomplished with in-house staff, on-going project loads and limited contact with the executive city management community could hamper the success of the recruitment. The City Council has previously hired executive search firms to assist the City Council in filling the City Manager position. Use of a professional firm will provide the most effective approach to attracting the highest quality applicants for the position.

Discussion:

Direction was given to staff by the City Council to prepare and issue a Request for Proposals (RFP) to qualified individuals and/or firms to assist the City Council in conducting the City Manager recruitment.

An RFP was forwarded to eleven (11) executive recruitment firms who specialize in public sector executive level recruitments listed below in alphabetical order:
• Alliance Resource and Consulting,
• Avery & Associates,
• Bob Murray and Associates,
• CPS HR Consulting,
• Koff & Associates,
• Management Partners Inc.,
• Peckham & McKenney,
• Ralph Anderson and Associates,
• Roberts Consulting Group,
• Teri Black & Company,
• Wilcox, Miller, Nelson
Additionally, the RFP was posted on the City's website, www.losbanos.org, and published in the Merced Sun Star. A copy of the RFP is attached.

The City received three (3) proposals in response to the City's RFP.

The approach, the schedule, and scope of services for each of these firms are very similar. Generally the approach includes discussions with the City Council and other stakeholders to identify the desired characteristics of the next City Manager, advertising of the job opening, recruiting and screening qualified applicants, preliminary interviews with potential candidates, recommendation to the City Council of finalists for interviews, facilitating the City Council interviews of the finalists, reference checking of the top candidates and assisting in the negotiation of the selected candidate's contract. 72 Below is a listing in alphabetical order of the proponents and their respective pricing:
• Koff & Associates (Berkeley, California): not to exceed $25,000 • ProRecruiters (Tulsa, Oklahoma): $20% of first-year salary • Sectaris Partners (Merced, California): not to exceed $22,000 Fiscal Impact:

Funds are not currently budgeted for this expense; therefore, staff will continue to analyze the fiscal impact and prepare a budget adjustment at a later date, if needed.

Reviewed By:
0 m c:Q~ ::\fA & a ct± lluhn
Brent Kuhn, Interim Finance Director
Attachments:

Request for Proposal
Proposals
Interim City Manager
73 THIS PAGE IS INTENTIONALLY LEFT BLANK
74 LOs Banos
At the Crossroads of California

REQUEST FOR PROPOSALS
FOR

CITY MANAGER RECRUITMENT
City of Los Banos
520 J Street
Los Banos, CA 93635
(209) 827-2412
Release Date
Tuesday, June 28, 2022
Contact Person:

Lucy Mallonee, MMC
City Clerk/Human Resources Director
Deadline for Submissions
Tuesday, July 12, 2022 at 5:00 P.M.
75 THIS PAGE IS INTENTIONALLY LEFT BLANK
76 REQUEST FOR PROPOSALS
City Manager Recruitment Services
RELEASE DA TE: Tuesday, June 28, 2022
CLOSING DATE/TIME: Tuesday, July 12, 2022 at 5:00 P.M.

The proposer must submit one (1) signed electronic version "PDF" of the proposal by the deadline to Lucy Mallonee at
lucy. [email protected].

CONTACT PERSON: Lucy Mallonee, MMC
I. Introduction
City Clerk/Human Resources Director
(209) 827-2412
[email protected]
Los Banos City Hall
520 J Street
Los Banos, CA 93635
Hours: Monday- Friday 8:00 A.M. - 5:00 P.M.

The City of Los Banos, California is seeking services from a qualified executive search firm to assist the City Council in the selection of a new City Manager.

II. Background
The City of Los Banos, population 46,639, is situated on the west side of Merced County and is the county's second largest City. The City is conveniently located in the center of California and is about two hours from the cities of San Francisco, Oakland and Sacramento, as well as Yosemite National Park. A combination of new enterprise, local government and agriculture-based operations all contribute to the City's economy, which continues to provide residents with a variety of amenities to enjoy. In addition to providing a wide variety of public services, including water, sewer, garbage, parks and recreation, police and fire, the City of Los Banos also offers a variety of retail and entertainment venues for its residents. Nearly 160,000 acres of seasonal wetlands and grasslands bring visitors from all over the world to the City, as well as recreation enthusiasts who enjoy the San Luis Reservoir and the State and Federal Wildlife Areas and Refuges. The City also enjoys a downtown, which hosts retailers, services, restaurants and entertainment, and serves as a 77 hub for many community events. Named for the seasonal spring baths that feed natural wetlands in the western San Joaquin Valley, the City of Los Banos enjoys strong ties to its local heritage.

The City of Los Banos operates under the Council-Manager form of government, with a five member City Council comprised of four Council Members elected by district with overlapping terms of four years and a Mayor elected at large for a term of two years. The City Council appoints the City Manager and City Attorney. The City is also served by a City Treasurer and City Clerk, both of whom are elected officials. The Los Banos City Council is committed to finding the best possible candidate for their new City Manager.

III. Scope of Work
The successful consulting firm will be expected to perform the following:
• Meet with the City Council and/or stakeholder groups as necessary to facilitate the development of an appropriate candidate profile and list of priorities for the new City Manager.
• Develop and administer a search for appropriate candidates. • Answer questions from candidates and collect application materials. • Review the applications received, comparing them to the candidate profile, performing screening interviews as needed.
• Select the most qualified candidates to be interviewed by the City Council; provide a written report summarizing the overall candidate pool and the qualifications of those to be interviewed.
• Advise the City Council on interview strategies and appropriate questions to ask candidates; attend the interview sessions and assist the Council narrow the candidate pool to finalists.
• Conduct complete background check on finalist candidates and advise City Council of the results.
• Facilitate the final interview process and assist the City Council to make a selection. • Assist with employment contract negotiations
The City Council would like to remain flexible during the process; the above process may change as the candidate pool or other circumstances require.

IV. Proposal Requirements
Each proposal should include the following information:

A. Background information on the firm, including details of the firms experience with similar recruitments, including the number of City Manager searches and placements; a briefresume of the individual(s) assigned to this project; contact information for references; and sample work products including recruiting brochures, candidate questionnaires, candidate reference reports, etc.
78 B. A proposed schedule for each phase of the process, including development of the recruitment profile, search, background evaluations, interviews, and selection. Be aware that the Los Banos City Council meets on the first and third Wednesdays of the month. The proposal should include information about the firm's current engagements and an affirmation of the firm's ability to focus on this project.

C. Provide information about the firm's approach toward either unsuccessful recruitments or the premature dismissal or resignation of the selected candidate.

D. Provide a cost proposal for the City of Los Banos City Manager search, including not to exceed consulting fees and reimbursable expenses. Payment terms should also be addressed.

V. Selection Process
The City Council in its sole discretion will select a firm that best meets the needs of the City and may consider at a minimum the following criteria:
• Qualifications and experience of the individuals assigned to the project • Schedule and availability
• Cost of services
VI. Submission Information
Proposals are to be submitted by email no later than 5:00 P.M., Tuesday, July 12, 2022 to:

Lucy Mallonee, MMC
City Clerk/Human Resources Director
Los Banos City Hall
520 J Street
Los Banos CA 93635
209 827-2412
Email: [email protected]
The City reserves the right to reject any and all proposals submitted, to request clarification of services submitted, to request additional information from proposers, and to waive any irregularity in the proposal. Finalist candidates may be asked to present their qualifications to the City Council.

The award of a contract to the successful consultant will be at the sole discretion of the City Council.
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80 EXECUTIVE RECRUITMENT SERVICES

CITY A GE

CITY OF LOS B OS
◄ 1 Koff & Associates
A Gallagher Company
81 Koff & As-o i at es
July 12, 2022
Lucy Mallonee,
A Gallagher Company
City Clerk/Human Resources Director
City of Los Banos,
520 J Street,
Los Banos CA, 93635
Dear Ms. Mallonee,
Thank you for the opportunity to submit our proposal to assist the City of Los Banos with Executive Recruitment services. We are excited about the possibility of developing this partnership and supporting the City with the search for its next City Manager. Koff & Associates (K&A) Recruiting, a Gallagher company, is uniquely qualified based on over 37 years of assisting public agencies with finding and placing candidates dedicated to public service.

Our unique selling proposition lies in K&A Recruiting's experience supporting public sector clients in California and throughout the USA. Through our investment in modern recruitment technology, we offer forward-thinking services that not only provide advanced extensive sourcing and outreach but allow us to tell the story of each project through easy-to-understand data.

Conducting countless executive search efforts has made K&A Recruiting an expert in identifying, targeting, recruiting, and successfully placing women and minority candidates in many of our recruitments. Diversity recruiting is an area of focus, and our firm has a vast pool of resources at our fingertips to provide outreach on an industry-wide basis to the public and private sector for qualified candidates nationwide. We pride ourselves on transparency, flexibility, and quality work.

As K&A's Recruitment Manager, I will be the Project Manager for this recruitment effort, with K&A Recruiting's support team assisting as needed. You can reach me at (510) 495-0448 or by email at [email protected].

Sincerely,
Frank Rojas
Recruitment Manager

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Table of Contents
Business Information
Experience and Qualifications
Recent Successful Recruitments 2
Project Team 5
Project Approach / Methodology 7
References 11
Pricing Proposal 12
Other: Professional Services Agreement Acknowledgement 14 Signature Page 15
Attachment: Sample Brochure
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BUSINESS INFORMATION
Koff & Associates ("K&A") is a full spectrum, public-sector human resources and recruiting services firm founded by Gail Koff in 1984 and has been assisting cities, counties, special districts, other public agencies, and non-profit organizations.

As of April 30, 2021, we merged with Arthur J. Gallagher and are now officially a Gallagher Division. Our headquarters are in Berkeley, CA, and we have satellite offices in Southern California, the Central Valley, the Sacramento Region, and the Western US Region. GALLAGHER BENEFIT SERVICES, INC. is our legal name. It is a Delaware company, and the FEIN is 36-4291971.

EXPERIENCE AND QUALIFICATIONS
With 37 years of HR experience, K&A Recruiting knows public sector employment inside and out. We are familiar with public sector organizational structures, agency missions, operational and budgetary requirements, and staffing expectations. Our team is ready to support you at any level you wish- providing sourcing expertise, fullcycle recruitment at the start of your search through the start date of your newest employee, and everything in between.

K&A Recruiting provides personal attention to and creates long-term relationships with our clients. Because we care about and understand your organization's people, culture, leadership, and unique needs, we identify highly qualified candidates to support your goals.

We source top talent reflective of the communities you serve. With our focus on inclusion, networking and partnering with minority-based associations, utilizing bias-reducing tools, and drawing from our own employees' certification training, we are leaders in public sector Diversity and Inclusion.

K&A Recruiting uses advanced programs and unique sourcing methods to identify candidates which traditional recruiting strategies might have missed.

We continuously gather and analyze important data points and are always looking ahead at how we can use information technology to better serve you.

Our long list of clients indicates our firm's reputation as a quality organization that produces comprehensive, sound, and cost-effective results. K&A Recruiting is "hands on" and responsive with the ability and expertise to identify the ideal candidate(s) for the City of Los Banos.

K&A Recruiting uses its vast network to leverage recommendations and referrals of past clients in combination with modern sourcing techniques and technology to build the best candidate pools in the market. We are a team of true recruiters with over 60 years of combined experience. Our work speaks for itself, and our primary goal is to provide professional and technical consulting assistance with integrity, honesty, and a commitment to excellence.

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RECENT SUCCESSFUL RECRUITMENTS
The following is a partial list of recent executive recruitments conducted by Frank Rojas (some while at a previous firm):

Agency Title Year Completed
City of Oceanside City Manager Current
City of East Palo Alto City Manager Current
Budget Manager, Public Works Dir., Asst. Public Works Dir. (2), Chief City of Oxnard Financial Officer, Purchasing Manager, Controller, Communications Current - 2017 & Marketing Manager, Assistant City Attorney, Planning & Environmental Manager, Assistant Director of Housing Programs I.T. Director, Deputy Director of Finance, Public Works Director, City of Berkeley Deputy City Attorney (2), Director of Health, Housing and Current - 2020 Community Services, Operations Manager (2)
City of Calexico City Manager, Chief of Police 2022/Current City of Long Beach City Treasurer Current
County of San Mateo Deputy Director, Transportation Authority; Transportation Executive Officer for Civil Rights, Employee & Labor Relations, and Current/2021 Authority/District Human Resources; District Surveyor
Director of Information Services, Deputy Director of Finance, City of Berkeley Accounting Manager, Manager of Engineering, Operations Manager Current/2021/2020 (2), Public Works Director, Asst. City Attorney, Health Housing & Community Services Director
City of San Bernardino Director of Public Works, Chief of Police, Director of Human Curr/2021/2020 Resources, Director of Animal Services, Director of Finance County of Riverside County Counsel, Diversity Equity and Inclusion Officer Current CEO (Executive Recruiter at past company)
East Valley Water District General Manager/Chief Executive Officer Current City of Leavensworth City Administrator 2022
Metro Parks Tacoma Chief Financial and Administrative Officer 2022 County of Stanislaus Director of Animal Services 2022
City of Tracy City Attorney 2022
City of Carson Public Works Operations Manager 2022
City of Riverside Budget Manager 2022
Contra Costa Water Dist. Director of Finance 2022

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City of Lawndale Director of Finance and City Treasurer 2022 City of San Jose Chief Information Officer 2022
City of Woodland Park Chief of Police 2022
East Bay Regional Park Chief Information Officer 2022 District Santa Barbara MTD Director of Human Resources & Risk Management, Director of Current/2022 Finance and Administration
City of Salinas Chief of Police, City Manager, Finance Director, Asst. Finance 2021 Director
Humboldt Waste
Management Authority Executive Director 2021
City of Chico Public Works Director 2021
Tahoe Regional Planning Director of Human Resources & Organizational Development 2021 Agency County of Santa Clara Planning Services Manager/Deputy Director 2021 First 5 Alameda County Human Resources Director 2021
City of San Diego Director of Transportation 2021
City of Glendale City Manager 2021
County of Riverside County Executive Officer 2021
Orange County Social Chief Deputy Director, Division Director (3) 2021/2020/2019 Services Agency City of Carson Public Works Director, Community Services Director, City Manager 2021/2020/2019 City of Colton Public Works & Utility Services Director 2021 City of Redlands Director of Municipal Utilities & Engineering, Fire Chief 2021/2020 City of Ontario Economic Development Director 2021
County of Tulare Director of Human Resources & Development, Director of 2021/2020 Information & Communications Technology
City of Millbrae Director of Finance, Community Development Director 2020 City of Avondale Development & Engineering Services Director, Economic 2020/2019 Development Director
City of Redlands Fire Chief, Director of Municipal Utilities & Engineering 2020 City of Shafter City Manager 2020

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City of Ontario Municipal Assistant General Manager 2020 Utilities City of Bell Director of Community Development 2020
City of Los Angeles Human Resource & Payroll Project Manager (ERP implementation) 2020 County of San Public Works Director, Human Resources Director, Assistant HR 2020/2019/2018 Bernardino Director, Director of Land Use Services, Regional Parks Director Orange County LAFCO Assistant Executive Officer 2020
LA Metro Chief Ethics Officer 2020
Orange County Fire Purchasing Manager, Fleet Manager, Human Resource Director 2020/2017 Authority City of Banning Director of Administrative Services, Director of Parks and Recreation 2019 City of Santa Ana City Manager, Parks & Recreation Director 2019 City of Bell Gardens City Manager 2019
City of Anaheim Deputy Planning Director, Engineering Manager, Buyer 2020/2018/2016 City of Garden Grove Finance Director, City Manager 2019/2016 Desert Healthcare Chief Executive Officer 2019 District City of San Marino City Manager 2018
County of San Luis County Administrative Officer 2018 Obispo County of Imperial County Executive Officer 2018
City of Avalon City Manager 2018

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PROJECT TEAM
Frank Rojas
Recruitment Manager
Frank brings more than thirty (35) years of recruiting experience from the highly competitive direct placement and contracts labor industries and the corporate environment. He has significant experience placing corporate leaders, executive, professional, and technical staff, including individual contributors for the government sector, non-profits, aerospace, architectural and engineering, information technology, petroleum and chemical, energy, power, civil/structural, transportation, and private industry.

Frank began his career in Contract Labor. Over the next 30+ years, he launched seven start-up offices in several states and locations, providing direct placement and contract support to hundreds of clients in virtually all industries and levels of talent. He continued his career in the non-profit environment, managing and building talent acquisition support during significant growth periods. Having been a speaker at several networking and career coaching venues, Frank believes in utilizing traditional recruiting methodology with social media.

In addition to recently completing recruitments for the City of Salinas, City of Berkeley, City of San Diego, City of Oxnard, and First 5 Alameda County, recent successful efforts include positions of Finance Director, County Executive Officer, Director of Human Resources & Development, City Manager, Director of Transportation, Chief Ethics Officer, and Director-level hires for Information Technology, Social Services, Public Works, Economic Development, Community Services, Animal Services, and Division/Site General Managers.

Frank has been named in the top 1% viewed profiles on Linkedln and has established a strong client and customer base through trust, effective recruiting, relationship building, and teamwork.

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PROJECT TEAM, Cont.

Joshua Boudreaux
Recruiting Supervisor
Joshua has over nine (9) years of public sector Human Resources experience.

He began his public sector journey as a labor representative with the Orange County Employees Association representing employees in grievances, investigations, meet and confers, interactive processes, arbitrations, and negotiations. He transitioned into the HR world at the City of Anaheim where he led classification and compensation projects. At the Orange County Fire Authority, he worked closely with Battalion and Division Chiefs on projects such as classification and compensation, employee relations, and recruitment.

Prior to joining K&A, Joshua served as an Administrative Manager for the County of Orange where he handled employee grievances, conducted investigations, and represented the County on meet and confer items. He served as the President of the Orange County Human Resources Consortium in 2017-2018. Since joining K&A, Joshua partners his classification and compensation experience, marketing skills, and recruitment experience to bring a full-service experience to all clients. He currently manages full-cycle recruitments for California public sector agencies including, cities, counties, and special districts. He provides supervisory oversight for technical, professional, and management recruitments.

Joshua earned his B.S. in Political Science with a concentration in American Politics from the University of California, Los Angeles; his Master's in Public Administration from Chapman University (Brandman); and a Master's Certificate in Human Resources with emphasis in Labor Relations from Cornell University.

Current & Previous Recruitments: City of Seaside - Associate Engineer, Senior Engineer; City of Fairfield - Fire Inspector 1/11; Valley Water District - Environmental Planner/Regulatory Specialist, Senior Engineering Technician, Sr. Information Systems Technician; County of Sonoma - Real Estate Manager; Alameda County Water District - Director of Engineering; Dublin San Ramon - Waste Water Treatment Superintendent, Electrician II; City of Long Beach - Jail Administrator, Medical Director, Occupational Health Services Manager; Port of Oakland - Maintenance Manager; City of Gilroy - Fleet Superintendent; Big Bear Lake - Senior Accountant; City of Richmond - Budget Administrator, Accounting Manager; Monterey One Water - SCADA Analyst; City of Richmond - Deputy Director of Community Services: Employment and Training.

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PROJECT APPROACH/METHODOLOGY
Our philosophy ensures thorough, thoughtful, and strategic sourcing, evaluation, selection, and vetting of candidates. We reach out directly to potential candidates, referral sources, professional associations, and user groups, etc. by using business media, outreach emails, general advertising, and most importantly picking up the phone and actively calling passive applicants. This strategy also includes focused advertising on websites and in publications specific to women and minority candidates.

K&A Recruiting will provide weekly progress reports to the City Council and participate in conference calls and onsite meetings as requested.

We are responsible for ensuring compliance, adhering to, and maintaining all legally mandated documentation throughout the process.

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Step 1: Ideal Candidate Profile
Developing the profile for the ideal job candidate for the position is crucial for a successful search process. We will coordinate with the City Council in identifying and developing:
■ The various organizational needs, vision, mission, goals, strengths, challenges, opportunities, and culture of the organization;
■ Position competency requirements, i.e., knowledge, skills, and abilities; ■ Personal and professional attributes required of and priorities for the new incumbent; ■ Type of working relationship senior leadership desire with the new incumbent; ■ Advertising strategies in conjunction with a national and/or regional outreach campaign; ■ Compensation levels; and
■ Schedule of deliverables from K&A Recruiting.

After meeting(s} with the City Council, there will be a consensus of the key qualifications and characteristics of the position and the process, action plan, and timetable to be utilized for the recruitment process.

Brochure Design & Posting
Following the development of the candidate profile, an eye-catching recruitment brochure will be professionally produced in coordination with the City Manager's feedback. The brochure will highlight the strengths of the City of Los Banos and the surrounding community. The brochure will feature the organizational structure and services of the City, its mission and goals, pertinent facts regarding the position, and necessary and desirable candidate qualifications.

Step 2: Five Week Window of Application & Sourcing '·- K&A Recruiting can, at the request of the City, facilitate community surveys or community outreach forums to encourage feedback from residents. A report of resident comments will be provided to the City prior to firstround interviews.

Our effort will include a variety of activities designed to build the best available candidate pool. Our techniques and methodologies allow us to source from extensive pools of potential candidates and referral sources.

In coordination with the City Council, K&A Recruiting will:
■ Identify prospects;
■ Provide each potential candidate with access to the recruitment brochure; ■ Capture interested candidates in our recruitment project database; and ■ Provide representative data to the City Council, including candidate documents, interview notes, and an outline of the recruitment process.

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Step 3: Recommendation of Candidates
K&A Recruiting will provide the City Council with a report of the leading candidates to further narrow the pool to the most highly qualified and establish the best organizational fit of each potential finalist. This screening process is specifically designed to assess the personal and professional attributes the City Council has identified and will focus on each candidate's ability, technical competency, and fit with the City's values, culture, and needs. Our assessment will consist of:
• Experience and qualifications;
• Cultural fit based on our understanding of essential intangibles; • Clarity of any issues identified in the submitted documents; • Reasons for position interest,
■ The level of commitment to the position and the organization; and • Other issues, including salary requirements.

Step 4: Interview Facilitation
We will advise and develop interviewing strategies and a menu of questions that will help analyze candidates' qualifications and management/work styles. We will facilitate all necessary communications with the Hiring Authority and candidates to ensure everyone is well prepared.

Interview questions will elicit information about each candidate's technical skill set, experience, leadership skills, adaptability, political astuteness, self-awareness, and other important aspects of the ideal candidate profile.

Questions, evaluation tools, and additional materials will be assembled in intuitive and user-friendly interview packets. We will use evaluation criteria agreed to by the City.

The Project Manager will coordinate interviews, interview schedules, and finalize the process. We will provide oversight during the panel interview process and facilitate a focused discussion with the City at the beginning and conclusion of the interviews to identify the most qualified candidate(s) for final interviews.

Step 5: Background, References, and Offer
K&A Recruiting provides a thorough and quality reference and background check process for our clients. We start by calling candidates' employment and professional references and having an in-depth discussion, covering their strongest business characteristics, work style, interpersonal skills, and position-specific knowledge. All references will be documented and presented in a concise, user-friendly manner.

Background checks are conducted in coordination with a third-party firm to verify educational degrees and employment records and confirm clear driving records, criminal records, and financial history/credit. Reports can be tailored to clients' needs upon request. Safety for clients and their communities is our priority, so rest assured that we, as well as our background contract firm, meet or exceed relevant reporting requirements.

K&A Recruiting can facilitate and lead the negotiations of the final terms and conditions of employment, such as the compensation package, benefits, and other perquisites (perks). We will notify all candidates not selected as finalists for the position.

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Project Schedule
The following is a typical schedule for conducting recruitment efforts. Search efforts for executive recruitments generally take twelve to fourteen (12-14) weeks to complete, allowing enough time for all steps of the process and client schedules.

Weeks
Step 1
Step 2
Step 3
Step4
Step 5

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REFERENCES
We are proud of our past recruitment work with clients to successfully place candidates to meet their organization's needs.

Recruitment & Agency - Contact - - .-. 1
1 - - - - ~-- l
Oxnard, City of
Public Works Director, Asst. Public Works Director (2), Chief Financial Officer, Purchasing Manager, Controller,
Communications & Marketing Manager, Assistant City Attorney, Civil/Traffic Engineers
Lisa Baker
Assistant Director, Human Resources
805.385.7596
[email protected]
4300 W. Third Street
Oxnard, CA 93030
San Bernardino, City of Edelia Eveland
Assistant City Manager
Director of Community & Economic Development,
Chief of Police, Director of Human Resources,
Director of Animal Services, Finance Director
Berkeley, City of
Director of Health, Housing, and Community Services, Public Works Director, Deputy City Attorney(s), Manager of
Engineering, Operations Manager(s)
Salinas, City of
City Manager
Finance Director

RECRUITMENT SERVICES FOR CITY OF LOS BANOS
909.384.5262
eveland [email protected]
290 North 'D' Street
San Bernardino, CA 92401
Paul Buddenhagen, Deputy City Manager
Liam Garland, Public Works Director
510.981.7014
[email protected]
510.981.6303
[email protected]
2180 Milvia St
Berkeley, CA 94704
Marina Horta-Gallegos
Human Resources Director
831.758.7417
[email protected]
200 Lincoln Avenue
Salinas, CA 93901
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PRICING PROPOSAL
8roject - ·1
• City Manager
• Total not-to-exceed professional fee of $25,000, which includes all professional services and expenses, including brochure development and design, advertising, printing and shipping, associated consultant travel if required, and background.
• Invoices will be billed monthly in four equal increments of $6,250.

Note: Expenses do not include candidate travel.

Optional: Recruitment Video
f
In addition to the standard recruitment brochure, K&A can develop a Recruitment Video to better highlight the positive elements of the organization and community. These videos have proven to attract more job seekers and effectively expand the talent pool. Videos run approximately three-minutes in length and highlight the workplace environment, local landscape, and include interviews with selected staff This video is optional and costs $3,500.

Placement Guarantee
K&A Recruiting is committed to recommending only the most qualified candidates who meet all the necessary requirements and qualifications and are also a cultural fit for the City. We proactively recruit for each search effort until a successful candidate is placed.

Therefore, we promise to present to the City a selective pool of candidates that met or exceeded our standards during the thorough screening processes and have been identified as ideal matches for the position. Should the City disapprove of all final candidates or should none pass the final interview and reference check process, we will work to find a new slate of candidates at no added cost, with the possible exception of necessary advertising.

In addition, for full recruitments for executive and mid-management positions, should the incumbent leave the position or be terminated from employment within 12 months of hire due to performance issues, we commit to conducting a one-time additional executive search to identify a replacement and only charge related expenses as described in the Pricing Proposal.

Overall, K&A Recruiting's retention rate during the first 12 months of hire is robust and has been above 95% over the last 37 years.

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Recruiting Process During Covid-19 Crisis
We will work to counterbalance market forces and build a pipeline of potential candidates through strong marketing and branding efforts, including videos, job postings, and a social media campaign. Our ongoing communication with candidates helps with reputation and keeps them engaged; so, when there is an opportunity that matches their background, we reduce the time-to-hire. As always, communication is key.

Candidates who experience a warm, communicative recruitment experience are more likely to maintain their interest and are more likely to feel welcomed into the organization. The recruitment experience is the first impression your employee receives and is a crucial factor in employee engagement and tenure.

We have embraced the virtual interview. The push into virtual technologies due to the pandemic was generally new for many public agencies. Our crystal ball tells us that virtual interviewing is not going away regardless of how the public sector world evolves going forward beyond the pandemic. Although virtual interviewing may have become necessary during this crisis, it is not a temporary strategy that should fall to the wayside; how we communicate in virtual interviews is essential and will continue to be as we move forward.

To conduct an effective virtual interview, simple steps can be taken to ensure a predictable and high-quality process. We will be clear on exactly how the interview process will go and what candidates should expect. We are savvy at navigating the technology and can help with technical challenges on the fly. Coaching panel members to maintain a professional demeanor during virtual interviews and eliminate smartphone or other competing screen distractions, just as you would in person, can also help the process.

K&A Recruiting Organizational Diversity Statement
This statement reaffirms our commitment to affirmative action efforts and providing equal employment opportunities to all employees and applicants for employment in accordance with equal opportunity and affirmative action laws.

We affirm our personal and official support of these policies, which provide that K&A Recruiting is committed to implementing the affirmative action policies, programs, and procedures included in this plan to ensure that employment practices are free from discrimination. Employment practices include but are not limited to the following: hiring, promotion, demotion, transfer, recruitment or recruitment advertising, layoff, disciplinary action, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. We will provide reasonable accommodation to applicants and employees with disabilities.

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OTHER: PROFESSIONAL SERVICES AGREEMENT ACKNOWLEDGEMENT
We will be pleased to sign the City's professional services agreement for recruitment services, however we respectfully request that the City will allow for a period of negotiation of certain terms in the professional services contract related to liability, indemnity, insurance, and other terms. We have found that we have always come to an agreement with all of our clients in the past and appreciate the City's flexibility in reviewing certain terms in a collaborative fashion between our legal counsels.

INSURANCE ACKNOWLEDGEMENT
Gallagher shall at all times during the term of this Agreement and for a period of two (2) years thereafter, obtain and maintain in force the following minimum insurance coverages and limits at its own expense:
► Commercial General Liability (CGL) insurance on an ISO form number CG 00 01 (or equivalent) covering claims for bodily injury, death, personal injury, or property damage occurring or arising out of the performance of this Agreement, including coverage for premises, products, and completed operations, on an occurrence basis, with limits no less than $2,000,000 per occurrence;
► Workers Compensation insurance with statutory limits, as required by the state in which the work takes place, and Employer's Liability insurance with limits no less than $1,000,000 per accident for bodily injury or disease. Insurer will be licensed to do business in the state in which the work takes place; ► Automobile Liability insurance on an ISO form number CA 00 01 covering all hired and non-owned automobiles with limit of $1,000,000 per accident for bodily injury and property damage; ► Umbrella Liability insurance providing excess coverage over all limits and coverages with a limits no less than $10,000,000 per occurrence or in the aggregate;
► Errors & Omissions Liability insurance, including extended reporting conditions of two (2) years with limits of no less than $5,000,000 per claim, or $10,000,000 in the aggregate; ► Cyber Liability, Technology Errors & Omissions, and Network Security & Privacy Liability insurance, including extended reporting conditions of two (2) years with limits no less than $2,000,000 per claim and in the aggregate, inclusive of defense cost; and
► Crime insurance covering third-party crime and employee dishonesty with limits of no less than $1,000,000 per claim and in the aggregate.
► All commercial insurance policies shall be written with insurers that have a minimum AM Best rating of no less than A-VI, and licensed to do business in the state of operation. Any cancelled or non-renewed policy will be replaced with no coverage gap, and a Certificate of Insurance evidencing the coverages set forth in this section shall be provided to Client upon request.

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SIGNATURE PAGE
We thank you for your consideration of our proposal. We are committed to providing high-quality service and investing in a long-term partnership.

This proposal is valid for ninety (90) days.

Respectfully submitted,
By: KOFF & ASSOCIATES
State of California
Frank Rojas
Recruitment Manager

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THE COMMUNITY
The City of East Palo Alto is a beautiful community located in the heart of the Silicon Valley, uniquely positioned to maximize its potential as a significant city in the region. Founded by speculators and farmers in 1849, the town was originally named Ravenswood.

In 1983, the residents decided to incorporate as East Palo Alto. The City features a rich heritage, a culturally diverse community, and a moderate climate. Centrally located with close proximity to the San Jose and San Francisco international airports, East Palo Alto brings a commitment to the environment and to expanding open space and park facilities. This is a friendly residential community with a small town, family-oriented atmosphere, with a progressive public school district and excellent private schools. Major nearby colleges include Stanford University, San Jose State University, San Francisco State University, and the University of San Francisco. The population is approximately 31,500 with an area of 2.5 square miles.

GOVERNANCE
The five-member City Council is the duly elected governing body of the City and are elected to serve four-year terms. To assist the Council and the citizens of the City in carrying out the duly established policies of the Council and to administer the needs of the City, the Council establishes the structure and procedures for governing and administering the City. The Council appoints the City Manager and City Attorney. The City Manager in turn appoints other City department heads, who are generally responsible for the proper function of their respective departments in carrying out the established policies of the Council and serving the needs of the citizens.

THE POSITION
Under policy direction, the City Manager plans, organizes, and provides administrative direction and oversight for all City functions and activities; provides policy guidance and program evaluation to the City Council and management staff; encourages and facilitates provision of services to City residents and businesses; fosters cooperative working relationships with State and local intergovernmental and regulatory agencies and various public and private groups; pursues appropriate avenues of economic and community development; and performs related work as required.

The City Manager receives administrative and general policy direction from the City Council. The work provides for a wide variety of independent decision-making, within legal and general policy and regulatory guidelines. The City Manager exercises general direction and supervision to the entire City staff through subordinate levels of management and supervision.

Key Functions include but are not limited to the following:
► Plans, organizes, and administers operations of the City either directly or through subordinate management and supervisory staff; coordinates and evaluates the work of the City in accordance with applicable laws, codes, and regulations and adopted policies and objectives of the City Council.
► Directs and coordinates the development and implementation of goals, objectives, and programs for the City Council, Department Heads, and the City; develops administrative policies, procedures, and work standards to ensure that the goals and objectives are met and that programs provide mandated services in an effective, efficient, and economical manner. ► Oversees the preparation of the annual budget for the City; authorizes, directly or through staff, budget transfers, expenditures, and purchases; provides information regarding the financial condition and needs to the City Council. 103
► Advises the City Council on issues, programs, and financial status; prepares and recommends long- and short-term plans for City service provision, capital improvements, and funding; directs the development of specific proposals for action regarding current and future City needs; attends all meetings of the Council.
► Oversees the administration, construction, use, and
maintenance of all City facilities and equipment, including buildings, parks, facilities, and other public property. ► Represents the City and the Council in meetings with
governmental agencies, community groups, and various
business, professional, educational, regulatory, and legislative organizations.
► Provides for the investigation and resolution of complaints regarding the administration of and services provided by the City government.
► Provides for contract services and franchise agreements; ensures proper performance of obligations to the City; has responsibility for enforcement of all City codes, ordinances, and regulations.
► Oversees the selection, training, professional development, and work evaluation of City staff; oversees the implementation of effective employee relations programs; provides policy guidance and interpretation to staff; serves as the hearing officer for grievances and discipline hearings.
► Directs the preparation of and prepares a variety of
correspondence, reports, policies, procedures, and other written materials.
► Ensures the maintenance of working and official City files. ► Ensures that the Council is kept informed of City functions, activities, and financial status, and of legal, social, and economic issues affecting City activities.
► Monitors changes in laws, regulations, and technology that may affect City operations; implements policy and procedural changes as required.
► Responds to the most complex, difficult, and sensitive public inquiries and complaints and assists with resolutions and alternative recommendations.
► Performs other duties as assigned.

IDEAL CANDIDATE
The ideal candidate will be an honest, ethical, and dynamic leader with a record of professional accomplishments that demonstrate the ability to effectively lead a diverse public organization. A proven record as an effective and collaborative leader-possessing confidence, excellent communication and interpersonal skills, strong technical and business acumen, and sound fiscal management skills-is essential. This challenging position requires a strong, visionary leader committed to quality improvement, customer service, staff engagement and inclusiveness, and performance management. The qualified candidate will be able to negotiate challenging political waters, while remaining focused on organizational goals, managing a solid executive team, and working with a passionate and involved City Council. The successful candidate will be a visionary, strategic leader and planner who can work with City Council, staff, union representatives, and other key stakeholders to achieve economic growth and improve the quality of life for all City residents.

The successful candidate will have demonstrated a solid track record of leading and managing municipal service initiatives in the areas of public safety, business and economic development, and public works. The ideal candidate shall have expertise in financial and budget management, agency administration, and the ability to maintain collaborative relationships with City 104
Council, staff, and the community. The new City Manager will have excellent interpersonal abilities necessary to build and maintain solid relationships with elected officials, regional and national business partners, surrounding cities, governmental agencies, union representatives, staff, and the community through open and respectful dialogue. It is important to engage and embrace in the cultural diversity of the City.

Key Attributes and Characteristics
► A strong leader who shares the vision of the Council and community, and who can advocate, articulate, and implement that vision. A manager who is able to blend innovation and creativity; someone who can think outside the box and can creatively move the City in a new direction or next step, while acknowledging the challenges of the City and addressing those in a strategic manner.
► A professional who can lead the organization with a
commitment to uphold the values of East Palo Alto, including valuing positive employee working relations and respecting the richness of cultures and diversity.
► A forward thinker with the willingness to make difficult decisions based on what is right and what is best for the organization.
► A friendly, approachable leader who is visible and actively engaged in the community to ensure quality customer
service, one that understands the needs of the community to ensure their concerns are heard and respected.
► A diplomatic professional, someone known as a people
person with an engaging style, who is comfortable interacting with a wide spectrum of individuals and who welcomes
dialogue and discussion.
► An inclusive, engaging, and communicative leader with the highest integrity, character, and ethics.
► A manager who values and openly demonstrates an
appreciation for and connection with staff, and has the ability to maintain and build trust and actively listen.

QUALIFICATIONS
Any combination of training and experience that would provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the required qualifications would be:
► Equivalent to graduation from a four-year college or university with major coursework in public or business administration, public policy, finance, or a related field.
► Five (5) years of management experience in a public agency setting as a City Manager, Assistant City Manager, or in a related administrative/managerial capacity involving
responsibility for planning, organization, and implementation. ► An equivalent to a master's degree in Public or Business Administration is highly desired.

SALARY AND BENEFITS
The Salary for the City Manager position tops out at
$226,600.19.
■ APPLICATION PROCESS

AND RECRUITMENT SCHEDULE
The final filing date is Monday, August 15, 2022.

To be considered, please electronically submit your resume, cover letter and a list of six professional references (references will not be contacted in the early stages of the recruitment) to:
https:ljkoffassociates.com/city-manager-4/
Resumes should reflect years and months of positions held, as well as size of staff and budgets you have managed. For additional information, please contact:

A Gallagher Company
Frank Rojas / Carlo Zabala
(510) 495-0448 / (510) 342-3233
[email protected] I [email protected]
Website: https:1/koffassociates.com/
Resumes will be screened based on the criteria outlined in this brochure. Candidates with the most relevant qualifications will be given preliminary interviews by the executive recruiter. Koff & Associates will report the results to the City. The City will then select candidates who will be invited to participate in a formal interview process. Extensive reference and background checks will be completed on the selected candidate.
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•
e SECTARIS

PARTNERS

STRATEGIC PLANNING

DEVELOPMENT

PROJECT MANAGEMENT
www.scctaris.partners
Presented by:

Sherri Reusche, Partner and lead Consultant
Adam Cox, Managing Partner
Sectaris Partners LLC
sherri@sectaris. partners
209.631.3803

PROPOSAL TO

CITY OF LOS BANOS

CITY MANAGER
SEARCH
JULY 7, 2022
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Sectaris Partners is pleased to offer this proposal to the City of Los Banos for city manager recruitment services.

Sectaris Partners is a firm with a roster of professionals who collectively have over 140+ years of experience in the administration and innovation of public agencies and nonprofit organizations. Based in Calaveras, senior consultant and partner Sherri Reusche will be the lead project manager, assisted by Merced-based managing partner Adam Cox.

Sectaris Partners believe that a City Manager should understand and manage the finances, personnel, City Council policies and be the liaison between the City and community at large. They should be able to delegate tasks to City employees and work with the elected members of the City in a positive manner. It is important for the City Manager to represent the City to the media and public with integrity and clarity.

The individual chosen by the City must have a demonstrable history of effective community leadership and transparent governance. They also need the ability to address the concerns of City residents and have a cultural understanding.

Our firm strongly believes in transparency and accountability, both for ourselves and for the candidates we fleld on behalf of our client. This proposal will detail our commitment to support your City as it undertakes this very important responsibility with the appointment of a permanent City Manager.

Our search process will include working with the City Council and stakeholder groups to identify desirable qualifications and characteristics of its next City Manager. Sectaris will review with the Council members the roles and responsibilities and expectations. We will meet in closed session with the Council members and also individually to capture a thorough proflle of the ideal candidate.

Next we will develop advertising materials, publish the posting, and respond/reach out to potential applicants. The job announcement will be circulated to various job sites and professional organizations and publications locally, regionally, and statewide. This job announcement will detail the City's instructions to prospective candidates on what materials should be included with their application packet.

Sectaris consultants will make themselves available to field inquiries from prospective candidates and will collect all applications. Initial candidate screening will be performed, and qualified respondents will be invited to speak directly with Sectaris. This provides prospective candidates an opportunity to clarify anything in their application and allows us to gauge interpersonal skills and review their experience and accomplishments in-depth. Qualified candidates will receive thorough background checks including personal and professional reference checks. Applicants will be screened either face to face or via video conference.

All qualified candidates' applications will be presented to the City Council in a closed session meeting to determine who the Council would like to interview. The format of the interviews will also be decided at this point. It's important to note that all respondents to the job advertisement will be presented to the City Council and they will be ranked or grouped as meeting or not meeting qualifications, etc.

Sectaris Partners will work with the City to schedule interview meeting location and will coordinate scheduling of the candidates. During the interviews, Sectaris will provide on-site support to the Council.

After the Council interviews all finalists, Sectaris will facilitate a discussion among the Council members to determine if there is consensus on one or more of the candidates. Should a clear candidate emerge, we will work with the City to move forward with the employment agreement negotiation process (led by City's legal counsel). Should the City Council decide they would like more information or would like to perform an extra level of due diligence on a candidate(s), Sectaris will facilitate virtual or in-person 2nd round interviews.

As we mentioned, our firm believes in transparent and accountable leadership. Our consultants will provide recommendenations, not pressure, to the City Council, in the event it is not ready to make a decision. 109
About Our Team
Sherri Reusche, a partner and senior search consultant for Sectaris, has been an elected school board trustee for 17 years. She has been involved in the California School Boards Association, having served as a Delegate, on the Board of Directors, and as Vice President. She has spent many years working with the Calaveras Chamber of Commerce and Calaveras Community Action Agency performing outreach and forging partnerships, and has also been a proud Rotarian for 27 years. She holds a B.S. in Liberal Studies from California State University of Sacramento and an M.S. in Leadership and Instruction from National University.

Sherri has worked closely with many public agencies and has performed multiple executive searches.

Adam Cox, managing partner, has been a nonprofit and public agency leader for nearly 15 years. As an elected official for over a decade, Adam learned the importance of transparency and accountability in governance; he believes bad government is a choice - one that can be corrected - and works for all his clients with that in mind. Adam holds a B.S. in Political Science from Arizona State University.

Project Timeline
Description
Interim City Manager and Administrative Services Director meets with Sectaris Partners
Meet with City Council individually and collectively
(in closed session)
Posting & Advertising Date
Application Deadline
Applications and references reviewed with City Council
(in closed session)
First round interviews
Second round interviews (if needed}
City Council approval of new City Manager contract
Budget
Target Date
July 2022
July 2022
By August 1
By August 28, 11 :59PM
By September 21
September TBD
September TBD
By October 19
Sectaris Partners proposes a fee of $20,000 for this search.

Materials, job announcement advertisement(s) in local, regional and statewide publications, any applicable background check fees and contract negotiations will be included. Travel time and hotel stays will be additional. All Partners are billable at $125.00 per hour outside of the contract. This contract will not exceed $22,000.00.
*Outside of the contract: Any extra duties not stated in the above proposal such as Governance Training, Strategic Planning or any other services offered by Sectaris We appreciate the opportunity to serve the City of Los Banos. 110

PRO RECRUITERS
City of Los Banos

REQUEST FOR PROPOSALS F R

CITY MA AGER RECRUITMENT
PREPARED BY: PART TIME PROS LLC, DBA PRORECRUITERS
Due July 22, 2022
PRIMARY CONTACTS:

Angie Huggins, Director of Business Development
5314 S. Yale Ave Suite 305 Tulsa OK 74135
(918) 551-7767
[email protected]
Liz Brolick, General Manager
5314 S. Yale Ave Suite 305 Tulsa OK 74135
(918) 221-8264
[email protected]

PRORECRUITERS
An Array Company
www .prorecruiters.com
5314 S. Yale Ave Suite 305
Tulsa, OK 74135
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~
Table of Contents
Cover Letter
ProRecruiters Background
Firm Description
Similar Experience
References
Brief Resumes
Sample Work Products
Proposed Schedule
Table of Contents
Stage 1: Recruitment Marketing
Stage 2: Interviews
Stage 3: Reference Checks & Dossiers
Stage 4: Hiring
Stage 5: Ongoing Services
Firm's Approach to Unsuccessful Recruitments
Fee Proposal
ProRecruiters Response to Request For Proposals For City Manager Recruitment 2 3
4 4
5 6
6 8
16 16
17 17
17 18
19 20
2 of 21
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July 12, 2022
Lucy Mallonee, MMC
City Clerk/Human Resources Director
Los Banos City Hall
520 J Street
Los Banos, CA 93635
Cover Letter
Subject: Response to Request For Proposals For City Manager Recruitment Dear Lucy Mallonee,
Thank you for the opportunity to provide the City of Los Banos ("the City") with a customized proposal, outlining our detailed service capabilities in response to Request For Proposals For City Manager Recruitment.

We will demonstrate in our proposal why Part Time Pros LLC, OBA ProRecruiters (a subsidiary of Array Corporation) can offer the best value and quality service while providing temporary personnel in conformance with contract requirements. ProRecruiters is very qualified in providing Direct Placement Staffing, Contract-to-Hire, Executive Search, and Temporary Staffing Services, and has ample experience with numerous cities, counties, districts, local authorities, and federal organizations. As a Minority-Owned Business, we are confident that our extensive experience within the specific classifications requested, financial capability, and quality staffing performance throughout the past fourteen (14) years will prove us to be a qualified bidder for the City. Our delivery of reliable service will ensure good faith, quality performance on this contract.

There are no events foreseen that could impede our ability to fulfill this contract. ProRecruiters will not work with subcontractors on this contract, and we do not have any arrangements, formal or informal, with any other party that might interfere with our ability to provide independent and unbiased advice and assistance under this RFP. In addition, ProRecruiters is a financially stable DEC-Corporation, with a strong positive cash flow. We have not defaulted on any of our contracts.

We look forward to supporting the City's mission by providing the best possible candidate for City Manager.

ProRecruiters stands ready to deliver an exceptional experience as we accommodate the City's requirements and requests.

I, Jonathan Paul, certify that I am authorized to legally bind Part Time Pros LLC, OBA ProRecruiters, to a contract resulting from Request For Proposals For City Manager Recruitment and that this proposal, with the total fixed price contained therein, shall remain firm for a period of one hundred and ninety (190) days after the proposal closing date. I acknowledge all addenda.
07/12/22
Signature: Jonathan Paul, Vice President/GM of Government Solutions Date ProRecruiters Response to Request For Proposals For City Manager Recruitment 3 of 21 114
~ ProRecruiters Background
ProRecruiters Purpose: Improving the quality of lives in our communities.

ProRecruiters Mission: To be an instrument of hope to our candidates seeking employment and our clients seeking quality employees to help them grow their organizations.

ProRecruiters Vision: We do more than fill jobs; we create them by putting great professionals in great jobs.

Firm Description
At ProRecruiters, we understand the power of extraordinary people when connected with visionary companies. ProRecruiters began in March 2008 as "Part-Time Pros." We specialized in helping Professionals find part-time opportunities. These professionals included parents who wanted more balance, semi-retired professionals, graduate students, and more. In 2014, Part-Time Pros expanded to ProRecruiters to become a full-service HR and recruitment firm. Some notable clients of ProRecruiters include American Airlines; Tulsa Area United Way; Barna Pie Inc.; City Lights; Cox Media Group; and Flintco, for whom we have provided employees to work in Human Resources, Administrative/Clerical, IT, Data Entry, and Warehouse roles.

Carey Baker, Founder, and her husband Brett began the company to help find the perfect match between clients' needs and candidates' skills. In June of 2021, ProRecruiters became a subsidiary of Array Corporation, a training and technology innovator specializing in the enrichment of a skilled and valued workforce. These unique technologies are aimed at supporting/increasing employee production and satisfaction, as well as enhancing their ongoing career goals and personal development. We believe that an investment in our employees' professional growth also represents an investment in their wellbeing and quality of life. We feel that Array's mission statement, "Go Further, Faster," conveys the company's goal to provide all of our "rays" (aka temporary employees) with opportunities that will help them achieve a brighter future. These opportunities significantly reduce turnover among employees, thereby decreasing service disruptions for our valued clients.

Array brands such as ProRecruiters are able to attract a diverse talent pool by casting a wide net in our recruiting efforts in order to draw interest from candidates of all backgrounds. Additionally, we write job descriptions that are clear, meaningful, inclusive, and informative, establish an equitable interview process by asking the same questions of all candidates and applying a consistent rating system across the board, and ensure that our positions have equitable pay/wages assigned.

ProRecruiters provides temporary staffing, contract-to-hire, and permanent placement for Administrative, Professional, Finance/Accounting, Light Industrial, HR, IT, Engineers, Warehouse, Production, Non-Profit, C-Suite Executives, Analysts, and Inside Sales roles. Our services are divided along the following lines:

Contract/Temporary - 10% of our business is contract/temporary assignments.

Payrolling Services - 10% of our business is providing payrolling services.

Contract-to-Hire - 60% of our business is contract-to-hire assignments. We have a 96% hire rate since inception on contract-to-hire placements.

Direct Hire/Permanent Placement - 20% of our business is direct placement, with a 98% success rate on placements made.

ProRecruiters Response to Request For Proposals For City Manager Recruitment 4 of 21 115
~ Similar Experience
Organization Position
Center for Housing Solutions: Provides programs that serve individuals Case managers and shelter experiencing homelessness monitors
City Lights Foundation: Provides programs in the Tulsa area that serve individuals Shelter Monitors experiencing homelessness
Youth at Heart: Social services for at-risk youth Part-time Controller The Parent Child Center: Non-profit dedicated to preventing child abuse and HR Director, Administrative neglect through education Assistant & Receptionist
Tulsa Area United Way: Mobilizes volunteers to meet the needs of the community Administrative Roles Girl Scouts of Eastern Oklahoma: Non-profit supporting the personal growth of HR Professionals girls in Eastern Oklahoma and nationwide
Tulsa Air and Space Museum: An aerospace museum providing historical aircrafts, Bookkeeper hands-on activities, and a planetarium
ProRecruiters team members would bring extensive professional experience in high-level recruitment to the City Manager search we would do on behalf of the City. Liz Brolick, General Manager, worked exclusively in filling professional direct-hire roles for eight years and made dozens of placements. Our recruitment efforts are further complemented by a team of 1 O+ talent sourcing professionals within Array, our parent company.

Our search efforts are further enhanced by our sister companies operating under the Array umbrella; we benefit from their added experience, expertise, and databases nationally and locally. Our California-based sister brand, HB Staffing, has significant public agency experience and an extensive network of candidates that complements our direct-hire expertise. This is an abridged list of HB Staffing's public agency client list:
• Cities: Huntington Beach, Newport Beach, Anaheim, Irvine, Santa Ana, Murrieta, California City, Moreno Valley, West Hollywood, Redwood City, and Encinitas, among others - providing general, multilingual, and supervisory clerical, technical IT, and more. • Counties: County of Placer, County of San Diego, County of Los Angeles Registrar-Recorder/ County Clerk, County of Riverside, ROV, County of San Diego ROV, County of Monterey, and County of San Bernardino - providing general, multilingual, and supervisory clerical, election support, and technical IT support services.
• Districts: Midway City Sanitary District, Orange County Sanitation District, Metropolitan Water District, North County Transit District, and South Coast Air Quality Management District - providing admin/clerical, accounting, IT, customer service, and marketing personnel. • Authorities: the San Diego County Water Authority, Housing Authority of the County of San Bernardino, San Bernardino County Transportation Authority, and Southern California Regional Rail Authority (aka Metrolink) - providing admin/clerical, accounting, and contract & compliance services.

ProRecruiters Response to Request For Proposals For City Manager Recruitment 5 of 21 116
References
Client Name:

Address:

Contact:

Phone:

Email:

Length of Service:

Services Provided:

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Address:

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Length of Service:

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Length of Service:

Services Provided:

Brief Resumes
York Electronic Systems, Inc.
2628 N Hemlock Cir, Broken Arrow, OK 74012
Keith Dudley
(918) 615-3649
[email protected]
2016 - Current
Temporary employees, contract to hire and direct hire. Placements have ranged from office/administrative, accounting/billing, inside/outside sales, project managers, and technicians. These encompass both office and field positions.

BTC Broadband
11134 S Memorial Dr, Bixby, OK 74008
Terri Ryan
(918) 366-0259
[email protected]
2016 - Current
Placements ranged from office/admin, executive, IT, HR, accounting, sales, engineering, customer service, and field technicians.

Hesselbein Tire
6305 N Yale Ave Tulsa, OK, 74117-2412
John McCandless
(918)830-1162
[email protected]
2021 - Current
We placed a direct-hire executive administrator and grew the relationship to include contract-to-hire for warehouse, drivers, and sales positions.

City Lights Foundation
1018 W 23rd St, Tulsa, OK 74107
Zak Bates
(405) 812-3093
[email protected]
2020 - Current
Shelter monitors
Liz Brolick I General Manager for ProRecruiters, VP at Array Corporation (918) 221-8264 [email protected]
Role with the City: General Manager
Experience, Qualifications & Education Credentials: Liz has been in staffing and recruiting in Tulsa for over twenty-two (22) years. During that time, she has served as an on-site manager, an outside salesperson, a recruiter, a Branch Manager, and now as General ManagerNP. Her perspective on projects is two-fold, stemming from her comprehensive understanding of the operations side and her adeptness in meeting the recruitment needs on the client-side.

Liz oversees the whole company and is tasked with overseeing daily business activities, improving overall business functions, training heads of departments, managing budgets, developing strategic plans, creating policies, and communicating business goals.

Liz has provided staffing services to other agencies including: the City of Tulsa, the Tulsa Housing Authority, and the State of Oklahoma. Liz has a Bachelor of Business Administration degree from the University of Oklahoma. In addition, Liz has extensive experience placing executive recruitment ProRecruiters Response to Request For Proposals For City Manager Recruitment 6 of 21 117
~ roles for all sorts of positions. Over the past eight (8) years, Liz has worked on at least 10 executive recruitment placements per year bringing her total to at least 80 total successful placements. She also earned her Certified Staffing Professional (CSP) certification from the American Staffing Association.

Personal Profile: Liz is also an active volunteer in the Tulsa community. She has been actively involved with the Junior League of Tulsa, Leadership Tulsa, and currently serves as the Board Secretary for the YWCA of Tulsa. Liz has been twice honored as one of Oklahoma's Most Admired CEOs. She has been named Women of Distinction by the Tulsa World and Woman of the Year for Alpha Phi. In her spare time, Liz enjoys spending time with her family, Holden (16), Harrison (13), and her husband Peter. Together they watch OU Football, cook great food, and stay active. Liz Brolick I Linked In Angie Huggins I Director of Business Development
918-884.1714 [email protected]
Role with the City: Account Manager
Experience, Qualifications & Education Credentials: Angie has over ten (10) years of experience including working in both staffing and business development roles. Angie enjoys building relationships and helping businesses grow within the community by exceeding client expectations. Her core values are centered around honesty, integrity, and doing the right thing for customers. She will be the main contact for job orders by phone, email, handling the details involved in understanding each order, along with distribution to the recruiting team.

Angie has an MBA from Oklahoma State University.

Personal Profile: In her spare time, she enjoys going to the gym and spending time with friends and family. Angie serves on the Board of Directors for Operation Aware. Angie Huggins I Linkedln Recruiting Team
Becky Murphy I Vice President of Recruitment and Talent Systems 918-551-7767 [email protected]
Role with the City: Alternate Account Manager
Experience, Qualifications & Education Credentials: Becky will be the alternate contact for job orders by phone, email, handling the details involved in understanding each order, along with distribution.

Becky has over 25 years of experience in diverse recruiting including over 10 years of experience in the Construction recruiting space. She has been at ProRecruiters for almost six years serving as Vice President of Recruitment & Talent Systems. She has recruited for entry-level to executive positions across a variety of industries and geographies. She is passionate about her goal of surpassing her client's expectations and assisting them with talent acquisition.

Personal Profile: She is a huge fan of Georgia O'Keefe, a great crime novel, all things sport-related, and spending time with her family. Becky Murphy I Linked In Kaylene Kilbourn I Talent Agent
918-551-7767 [email protected]
Role with the City: Alternate Account Manager
Experience, Qualifications & Education Credentials: Kaylene has shown herself to be a huge asset to our team by maintaining an A-level professional service to applicants, candidates, employees, and clients, by phone, email, or face to face. Kaylene has 5 years of customer service and inside sales experience. She's previously worked in a recruiting office as its Coordinator. Kaylene looks forward to working with candidates in the Tulsa area and helping them find new professional homes.

ProRecruiters Response to Request For Proposals For City Manager Recruitment 7 of 21 118
Personal Profile: In her free time, Kaylene enjoys painting, going to concerts, and taking mini-adventure trips! Kaylene and her son Jaylen (11) love Fortnite dancing and goofing off together. Kaylene Kilbourn l Linkedln
Operations Team
Tiffany Carter I Office Administrator
918-551-7767 [email protected]
Role with the City: Point of Contact for Operations
Experience, Qualifications & Education Credentials: Tiffany has more than 14 years of experience working closely with candidates and Human Resource professionals to support an organization's hiring needs. She has managed the entire HR process, from recruitment and onboarding to compliant payroll setup and offboarding. Developing People and organizations is a passion. She is responsible for supervising payroll, weekly invoicing, and handling accounts receivable activities. Tiffany also supervises and executes AR and Collections functions. She has hands in every department ensuring that everything is running smoothly and efficiently within ProRecruiters. Her experience working on the recruitment team has allowed him to excel in the Operations department with the knowledge he has of the front-office processes. She has a Bachelor of Business Administration in Human Resources Management & Administration from Northeastern State University.

Personal Profile: Outside of the office, Tiffany loves to coach soccer, which she has been doing for more than 10 years. She sees sports as an easy way to "make a difference and develop the lives of kids." She does all this with the support of her husband (Gary) and her 13-year-old son (Preston). When they aren't on their land working, they are on a sports field somewhere. Tiffany Carter I Linkedln AnmHppjnp
Dln!c:tor of Business
Development
Tifftnr C:,rtp
Offle@ .Administrator
lnvuldng/Paymll Team
Admlnlst..i«t Team
Sample Work Products
ProRecruiters
Organizational Chart
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General Manager
8-yMurphy
VP of Recruitment and
Talent Systems
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Talent Agent
Recruiters/Recrultlne
Assistants
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VP/G~ent Staffing &
Contract Management
Proposal Writing Teem
Attached on the following pages are our sample work products, fliers, forms, etc.

ProRecruiters Response to Request For Proposals For City Manager Recruitment 8 of 21 119
DIRECT □ PROFILE CONTRACT □
Date'------------- Associate _________ _
Last Name First MI flrev. Name Horne Phone Cell?hene
Address City State Work Phone May We Text You?
Heve You EVer Worked With A Recruiter Before? Emal! Address Best Time For Interviews? (Circle one or more) Days: M T W T F Times: AM. Lunch P.M. 5:00 on All Day EDUCATION:

SOFTWARES USED:

PROFES so I NAL REFERENCE s : (Supervisors, Co-Workers, Clients, Subordinates) NAME COMPANY OF CO-WORKER POSITION HELD BUS. PHONE HOME PHONE l)
2)
3)
4)
5)
Please list any companies which you do not want us to contact on your behalf, so that we do not duplicate a contact you have already made with respect to emoloyment. Please indicate any companies you have seen or are scheduled to see. 1) 4)
2) 5)
3) 6)

GENERAL INFORMATION
Have you ever been convicted of a felony? YES D NOD When? ____ Disposition? ___ _ ________ _ Conviction wHI not necessarity disqualify for hire
Do you have the legal right to work in the United States? YES D NO D Do you require visa sponsorship? YES O NO 0
120
Employment Historv: (startinq with the most recent)
Company I Name of Supervisor I Supervisor's Title
Core Business & Product
Motivation For Change I Starting Salary Present Salary Next Raise Dates Employed I Position Hired For Title Of Last Position I How Long In This Capacity What Were You Hired To Do & What Did You Learn?
Who Was On Your Team?
Accomplishments?
What Did You Like?
Low Points? Didn't Like?
Company I Name of Supervisor I Supervisor's Title
Core Business & Product
Motivation For Change [ Starting Salary Present Salary Next Raise Dates Employed I Position Hired For Title Of Last Position I How Long In This Capacity What Were You Hired To Do & What Did You Learn?
Who Was On Your Team?
Accomplishments?
What Did You Like?
Low Points? Didn't Like?
Company I Name of Supervisor I Supervisor's Title
Core Business & Product
Motivation For Change I Starting Salary Present Salary Next Raise Dates Employed I Position Hired For Title Of Last Position I How Long In This Capacity What Were You Hired To Do & What Did You Learn?
Who Was On Your Team?
Accomplishments?
What Did You Like?
Low Points? Didn't Like?
121
1 ..... , o, ,,,,.,, '""""'"'"'
TOPGRADING GRADE (circle one): A B C

REALISTIC EXPECTATIONS
Titles/Roles Criteria For Change: Current Benefits Package? Medical
Dental
Vision
Function
Costs of MDV
401K matching
Pension
Ultimate Goal (5 to 10 Years) Profit Sharing
Bonus
Vacation
Tuition Reimbursement
Industry/Product Preferences Relocation Allowance? Repayment? Timeline:

Who Influences Your Decision?
Size of Company/Dept.

Company Culture Travel Target Income (base/total comp):

Commute Time/Distance
Least Acceptable:

Leadership Style/What Style Do You Respond To? Open to Relocation? / Assistance Required? Companies You Would Like To Work For:

Deal Breakers/What Would You Walk Away From? What Happens When There Is A Counter Offer?

1. Recruiter's Impression

2.Pointers for Interview Prep

3.Flags
122

EXTRA NOTES HEREI
Honesty Immediate Feedback Decisiveness Who Do You Know? 123

EXCEPTIONAL SERVICE FROM

EXCEPTIONAL PEOPLE

OUR SUPERIOR WORKFORCE

SOLUTIONS ARE DRIVEN

BY PRORECRUITERS
PRECISION TRAINING:

A tech enabled
platform inspired
by the 100-yearold US military
approach to
training and
development.

Coach for Success
Data-Driven Human Touchpoints to
Inspire Engagement & Performance
Teach & Verify the Precise Skills
Required for Your Job
Quantum Credentialing & Personalized
Training to Eliminate Skill Gaps
Train the Basics of Modern Work
Assessment-Driven, Self-Paced
Training Modules
Source Candidates with
Integrity & Motiviation
Algorithmically-Driven Sourcing and
Assessment With a Human Touch
WHY
HIRE
OUR
TALENT:

Trained
workforce!
Quality talent
that produces
quality work!
Reliable!
High retention!
We used ProRecruiters to provide candidates for a position and really _enjoyecl working with them! They were professional, thorough, and communicated veri•welt I've work:ect with a number of firms and ProRecruiters was the one that provided us\Nitt, ttie !:>est communication throughout the search. We worked with Becky and and'wouta tiigtil~ recommend her and ProRecruiters! '' Curtis H. Client , ProRecruiters 124

WHAT STOPS YOU

FROM ACHIEVING

YOUR DESIRED
RESULTS?

FINDING
ENOUGH
TALENT

FINDING

ENOUGH TALENT

WITH THE RIGHT
SKILLS

FINDING
TALENT

WITH THE

RIGHT SKILLS

RETAINING

YOUR GOOD
TALENT

PROVIDES, MANAGES AND MOTIVATES A TRAINED

WORKFORCE TO ALLEVIATE THESE CHALLENGES
ABOUT
us
Connecting people for over a decade, ProRecruiters understands the power of extraordinary people when connected with visionary companies. Regardless of whether you are seeking an employee or seeking a job, we are dedicated to achieving your goals through superior service and total workforce solutions.

ProRecruiters is part of the Array Corporation, the leading technology-enabled enterprise staffing company whose mission is to modernize the staffing industry by fixing how labor is bought, sold and delivered.

WORKFORCE SOLUTIONS: PRODUCTS:
• Administrative Professionals
• Customer Service
Professionals
• Call Center Professionals
• Data Entry Professionals
• Banking/Finance Professionals
• HR Professionals
• IT Professionals
General Labor Professionals
Light Industrial Professionals

WORK WITH US
Liz Brolick
[email protected]
(918) 551-7767
prorecruiters.com
• Temporary
• Temporaryto-Hire
• Direct Hire
PR.oRECRUITERS
An Array Company
• Mass Hiring
Projects
• Payroll Services
• Managed Services
''
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PRO RECRUITERS
Partnering in job matches that last.
1326 East 43rd Court, Suite 200 • Tulsa, OK 74105
918-551-7767 • Fax: 918-551-7804
If you would take a few moments of your time to answer the following questions, it would be greatly appreciated.

Thank you from the staff at ProRecruiters!
Today's Date:

Candidate's Name:

Completed By:

Contact Information:

Known applicant
since:

Nature of Relationship:
(Professional or
Personal)
Character Reference uestions

1. Describe the role you are hiring for. Would this be a good fit for ( candidate name)? Why or Why not?

2. What are (candidate name) biggest strenths and weaknesses?

3. What is it like to work with (candidate name)? What would (candidate name) co-workers say?

4. What motivates ( candidate name)?
S. What advice would you give ( candidate name) future manager to set ( candidate name) up for success?

6. What kind of work style do you think would be a good fit with (candidate name)? Why?

7. What else do I need to know about ( candidate name) that I didn't already ask? We do more than just fill jobs, we create them!
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~ Proposed Schedule
ProRecruiters is currently finishing up an executive recruitment project placing the Executive Director for the Oklahoma Policy Institute. This will be finished in the next following weeks.

Recruitment Timeline
Action Plan Projected Timeline
(SubJect to change and only nn approximate 1,rnehne)
Submission of Proposal to the City On July 12, 2022
The City selects vendor, signs necessary contracts Per Timeline of the City Team meets with the City and has a Klck-0ff Meeting Within the First Week Recruiters conduct search of Internal database Within the First Week Produce marketing/recruitment ads Within the Second Week Ads remain open/outbound recruitment efforts run Within the Third and Fourth Weeks Complete Applicant Pre-Screening Within the Fifth and SlxthWeeks Phone Interviews Within the Seventh and Eighth Weeks
In-person, Virtual Interviews Within the Ninth and Tenth Weeks Reference checks & Dossiers created Within the Eleventh and Twelfth Weeks The City Interviews candidates * Per Timellne of the City The City interviews finalists & makes offer * Per Timeline of the City Candidate First Day • Per Tlmellne of the City
This is ProRecruiters comprehensive service plan which is broken down into five basic stages:

Stage 1: Recruitment Marketing
ProRecruiters will launch a marketing campaign for the City Manager role, targeting candidates who possess the skill set requested by the City. This campaign will take place over a number of mediums, including internet boards such as Indeed.com, ZipRecruiter, and Monster, and community organizations where an individual with a similar skill-set might already be working. Our marketing capabilities are bolstered by Array Corporation's internal marketing team, which works with Array companies like ProRecruiters to develop advertising material that attracts candidates who possess "the right stuff." • Recruitment Campaign Kick-Off - Our Account Manager (AM) will implement a recruitment campaign for the Deputy Director position. Our AM will designate a recruiter to focus on evaluating candidates. ProRecruiters recruiters will conduct an initial search within our Array Corporation database of approximately 10,000 candidates nationwide. • Mining Candidates Using Internal Resources & Talent Portals - Search efforts are enhanced by utilizing key talent portals such as Indeed.com, ZipRecruiter, and Craigslist in addition to posting job offerings on our website and social media sites (Facebook, Twitter, and Linked In). We will expand search efforts using cutting-edge technological tools (i.e., Hiretual) to quickly and accurately source candidates throughout the key talent portals.
• Pre-Screening Interviews - The assigned ProRecruiters recruiters will schedule and conduct prescreening interviews to determine the qualifications, interest, and availability of candidates. In addition, recruiters will determine the fit and relevance to the City's needs for the position.

ProRecruiters Response to Request For Proposals For City Manager Recruitment 16 of 21 127
~
Stage 2: Interviews
When tasked with filling a specialized job order, ProRecruiters will typically develop a shortlist of 10-12 candidates to interview for the role. Each of these candidates will go through an extensive screening process on our end before they are ever presented to you. • Pre-Screening Interviews - ProRecruiters recruiters will schedule and conduct pre-screening interviews to determine qualifications, interest, and availability. In addition, recruiters will determine the fit and relevance to the City's needs when determining the applicant's availability. The first phone screen is conducted by our Talent Scout team. This is a high-level screen to determine pay requirements, relocation needs, and any basic requirements that are necessary. • Evaluation Rubric - ProRecruiters will create a candidate evaluation rubric to be used for each candidate throughout the duration of the interview cycle. The Rubric will be used to grade candidates on seven to ten skills, attributes & competencies required by the position. Candidates receiving the highest scores on the rubric will be moved forward to the next round of interviews. The Rubric standardizes how we evaluate S.A.M.E. competencies and capabilities. It allows us to reduce human bias and generate solid data.
• Phone Interviews - Upon Talent Scout approval, the candidate moves to a second, more in-depth interview with our Lead Recruiter. The Lead Recruiter will interview candidates to determine whether they are the right person for the position. Among the factors considered are their background, skills, experience, personal career goals, and attitude.
• ln-personNirtual Interviews - The finest available candidates undergo a final vetting interview designed to assess each candidate's performance on the job. Applicants participate in a virtual or inperson behavioral interview whereby they are asked to describe past behavior and accomplishments to determine whether they are suitable for a position with the City. Questions will be aligned with the City's general or specific placement criteria. The candidate's personal presentation is also considered. ProRecruiters understands that the City will conduct its own interviews, and our team will identify plausible candidates for each position to set up interviews for the City.

Stage 3: Reference Checks & Dossiers
Once final candidates have been identified, ProRecruiters will ensure that the candidates are qualified for the role for which they are applying. To do this, we will verify their credentials and education, check their references, and may, in some cases, ask for proof of certain skills, such as providing writing samples.

Candidate Dossiers will be put together for the hiring committee. These dossiers will include the candidate cover letters, resumes, writing samples, reference check results, and the Evaluation Rubric.

Stage 4: Hiring
When a short-listed candidate has been selected for hire, ProRecruiters will conduct a job orientation customized for the City's needs. This job orientation will cover the basic duties of the position, the City's policies and rules, and an introduction to the worksite.

ProRecruiters Response to Request For Proposals For City Manager Recruitment 17 of 21 128
• Vetting Process - The finest available candidates undergo a rigorous vetting process designed to assess each candidate's work history and performance on the job. Applicants participate in a digital or phone behavioral interview whereby they are asked to describe past behavior and accomplishments in order to determine whether they are suitable for the Deputy Director position with the City. Questions will be aligned with the City's general or specific placement criteria. The candidate's personal presentation is also taken into account. ProRecruiters understands that the City may wish to conduct its own interviews, and our team will identify 2-4 plausible candidates for each position to set up interviews for Housing Solutions.

Stage 5: Ongoing Services
Throughout the life of the contract, ProRecruiters will be providing ongoing services to the City in the form of regular check-ins and quality assurance calls (as permitted}. Our goal is to establish a close working relationship with the City's representatives.
• On the first day of employment, our Lead Recruiter will follow up with the City's hiring committee and the new employee to make sure onboarding proceeds smoothly. • Our Lead Recruiter makes 'quality assurance' phone calls to the City (as permitted) to ensure that job progress is positive. We have a proactive approach when it comes to client/employee concerns. We will continually engage the employee during their tenure to make sure that the job progress is per City requirements.

ProRecruiters Response to Request For Proposals For City Manager Recruitment 18 of 21 129
~ Firm's Approach to Unsuccessful Recruitments
ProRecruiters became a full-service HR and recruiting firm in 2014. Having conducted countless direct hire search efforts in varying job tiers across multiple industries, we have become an expert in identifying, targeting, recruiting, and successfully placing qualified candidates. Our company has a vast pool of resources at our fingertips when designing a successful advertising campaign, which has historically yielded a diverse group of applicants for our clients. As stated before, 20% of our business is direct hire or permanent placement. We have a 98% success rate on placements made.

In the rare case of unsuccessful recruitments, our policy for unsuccessful placements is as follows:

If at least two (or more) qualified candidates are presented, but the City either: (1) fails to interview said candidates within fourteen (14) calendar days from the date of initial candidate presentation, or (2) declines to hire the candidates presented, or (3) fills a position through its own efforts or through another source, there will be no refund of either the Engagement or Presentation Fees.

If ProRecruiters fails in the timeframe outlined above to present at least two (2) qualified candidates, ProRecruiters shall no longer be due a presentation fee and will cease searching for candidates.

If the Fees are paid within the ten ( 10) calendar days from the Candidate's start date, and if the Candidate's Service Relationship terminates for any reason other than the City's reorganization, lack of funds, change in strategy, or business objectives, acts of God, or any other related circumstances beyond the control of ProRecruiters prior to ninety (90) calendar days from the start of the Service Relationship ("Guarantee Period"), the City shall be entitled to a prorated credit for a replacement of the same position ("Replacement Credit"). The Replacement Credit will only apply provided that the City notifies ProRecruiters in writing of all material facts relating to the termination of the Service Relationship within five (5) business days after its termination.

The Replacement Credit will be available for six (6) months from the date of termination. If the Fee is paid after the due date, a thirty (30) day Guarantee Period is in place instead of ninety (90) calendar days. Likewise, ProRecruiters is not responsible for replacing a Candidate where termination of the Service Relationship is due to Candidate resignation due to misrepresentation of Client to Candidate during the interview process. THE REPLACEMENT CREDIT SHALL BE THE CITY'S SOLE REMEDY.

ProRecruiters guarantee is valid only if ProRecruiters receives payment of all fees, in full, within the allotted timeline agreed upon within this contract. The City may cancel this Agreement at any time by providing written notice but in such event shall not be entitled to a refund of the engagement fee. If a candidate presented during this search enters an employment or service relationship with the City within one year after ProRecruiters and the City's most recent communication relating to the candidate, the balance of the Total Service Fee will be due and payable when candidate starts working.

ProRecruiters Response to Request For Proposals For City Manager Recruitment 19 of 21 130
~
Total Fee
Fee Upon Contract Award
Fee for Candidate Presentation
Balance
• • ••
City Manager Fees
20% of First Year's Salary
$5,000.00
$5,000.00
Balance is invoiced at candidate start date
The City will make three payments to ProRecruiters totaling 20% of the first-year salary. ProRecruiters will invoice the City upon completion of the steps as indicated above. Invoices will be due NET 1 0 from the invoice date.

Invoice #1 will be due NET 10 days after the contract has been awarded (Engagement Fee of $5,000).

Invoice #2 will be due NET 10 days after candidates are submitted to the City (Presentation Fee of $5,000).

Invoice #3 will be due NET 10 days after the candidate starts work (20% for First Years Salary).

ProRecruiters Response to Request For Proposals For City Manager Recruitment 20 of 21 131
~
We appreciate the opportunity to bid for the City!
ProRecruiters is much more than just another staffing agency or executive search firm. We see ourselves as your business partner - an invaluable resource that will take you where you want to go, and continually support you through any level of organizational growth and development.

We provide our clients with a wide spectrum of staffing strategies, marrying today's cutting-edge technologies with old-fashioned, time-tested values of consistency, courtesy, and commitment. As an Array Corporation subsidiary, we continue to provide the signature services that defined our excellence prior to being acquired; our services are now enhanced by the vision Array brings to the staffing industry.

Thank you for your time!
ProRecruiters Response to Request For Proposals For City Manager Recruitment 21 of 21 132
LOsBanos
At the Crossroads of California
TO:

FROM:

Mayor & City Council Members
Lucy Mallonee, MMC ~
City Clerk/Human Resources Director
DATE: July 20, 2022
TYPE OF REPORT: Agenda Item
SUBJECT: Designation of Voting Delegate and Alternate(s) for 2022 League of California Cities (LCC) Annual Conference
Recommendation:

That the City Council designate a voting delegate and alternate voting delegate(s).

Discussion:

League of California Cities (LCC) procedures require the City Council to designate the voting delegate and alternate(s) for the LCC Annual Conference & Expo being held September 7-9, 2022 in Long Beach. The following are registered to attend the conference:

Mayor Pro T em Lambert
Council Member Jones
Council Member Lewis
Council Member Llamas
Interim City Manager Wellman
City Attorney Vaughn
Community & Economic Development Director Elms
For additional information, attached is a memorandum from the LCC.

Attachment:

LCC Memorandum
133

LEAGUE OF

CALIFORNIA
CITIES
DATE: June 1, 2022
Council Action Advised by August 31, 2022
TO: City Managers and City Clerks
RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference & Expo - September 7-9, 2022 Cal Cities 2022 Annual Conference & Expo is scheduled for September 7-9, 2022 in Long Beach. Ah important part of the Annual Conference is the Annual Business Meeting (during General Assembly) on Friday, September 9. At this meeting, Cal Cities membership considers and acts on resolutions that establish Cal Cities policy.

In order to vote at the Annual Business Meeting, your city council must designate a voting delegate. Your city may also appoint up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity.

Please complete the attached Voting Delegate form and return it to Cal Cities office no later than Friday, September 2. This will allow us time to establish voting delegate/alternate records prior to the conference.

Please view Cal Cities' event and meeting policy in advance of the conference. • Action by Council Required. Consistent with Cal Cities bylaws, a city's voting delegate and up to two alternates must be designated by the city council.

When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken, or have your city clerk or mayor sign the form affirming that the names provided are those selected by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone. • Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration will open by June 1 on the Cal Cities website. In order to cast a vote, at least one voter must be present at the Business Meeting and in possession of the voting delegate card. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the Voting Delegate Desk. This will enable them to receive the special sticker on their name badges that will admit them into the voting area during the Business Meeting. 1 400 K Street. Suite 400 Sacramento. CA 9 581 4 • 91 6 658.8200 • calcities.01 g 134

LEAGUE OF

CALIFORNIA
CITIES
• Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the Business Meeting, they may not transfer the voting card to another city official. • Seating Protocol during General Assembly. At the Business Meeting, individuals with the voting card will sit in a separate area. Admission to this area will be limited to those individuals with a special sticker on their name badge id.entifying them as a voting delegate or alternate. If the voting delegate and alternates wish to sit together, they must sign in at the Voting Delegate Desk and obtain the special sticker on their badges.

The Voting Delegate Desk, located in the conference registration area of the Long Beach Convention Center, will be open at the following times: Wednesday, September 7, 8:00 a.m. - 6:00 p.m.; Thursday, September 8, 7:00 a.m. - 4:00 p.m.; and Friday, September 9, 7:30 a.m.-12:30 p.m. The Voting Delegate Desk will also be open at the Business Meeting on Friday, but will be closed during roll calls and voting.

The voting procedures that will be used at the conference are attached to this memo.

Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city's voting delegate and alternates.

Once again, thank you for completing the voting delegate and alternate form and returning it to Cal Cities office by Friday, September 2. If you have questions, please call Darla Yacub at (916) 658-8254.

Attachments:
• Annual Conference Voting Procedures
• Voting Delegate/Alternate Form
1400 K Stree1, Suite 400. Sacramento, CA 95814 • 916.658.8200 • calcit1es.org 135

LEAGUE OF

CALIFORNIA
CITIES
Annual Conference Voting Procedures
l . One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.

2. Designating a City Voting Representative. Prior to the Annual Conference, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the Voting Delegate Form provided to the Cal Cities Credentials Committee ..

3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the Voting Delegate Desk in the conference registration area. Voting delegates and alternates must sign in at the Voting Delegate Desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the Business Meeting.

4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city's voting card by providing a signature to the Credentials Committee at the Voting Delegate Desk, may sign petitions to initiate a resolution.

5. Voting. To cast the citis vote, a city official must have in their possession the city's voting card and be registered with the Credentials Committee. The voting card may be transferred freely between the voting delegate and alternates, but may not be transferred to another city official who is neither a voting delegate or alternate.

6. Voting Area at Business Meeting. At the Business Meeting, individuals with a voting card will sit in a designated area. Admission will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate.

7. Resolving Disputes. In case of dispute, the Credentials Committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the Business Meeting.
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calc1ties .org 136

LEAGUE OF

CALIFORNIA
CITIES II CITY: ______ _
2022 ANNUAL CONFERENCE

VOTING DELEGATE/ALTERNATE FORM
Please complete this form and return it to Cal Cities office by Friday, September 2, 2022. Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates.

To vote at the Annual Business Meeting (General Assembly), voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council.

Please note: Voting delegates and alternates will be seated in a separate area at the Annual Business Meeting. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the Voting Delegate Desk.

1. VOTING DELEGATE
Name: ____________ _
Title: --------------

2. VOTING DELEGATE - ALTERNATE 3. VOTING DELEGATE - ALTERNATE Name: Name: - ------------ ------------
Title: Title: -------------- -------------

ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES OR ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s).

Name: ---------------Email --------------
Mayor or City Clerk __________ Date _____ Phone _ ____ _ (circle one) (signature)
Please complete and return by Friday. September 2. 2022 to:

Darla Yacub, Assistant to the Administrative Services Director E-mail: d [email protected] ; Phone: (916) 658-8254
II
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