Agenda packet — Los Banos City Council, August 3, 2022

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AGENDA

CITY COUNCIL MEETING

CITY HALL COUNCIL CHAMBERS
520 J Street
Los Banos, California
AUGUST 3, 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 par favor /Jame a la oficina de la Secretaria de la ciudad al (209) 827-7000 a lo menos de 48 horas previas de la junta.

La Cuidad de Los Banos cumple con la Acta de Americanos con Deshabilidad (ADA) de 1990. = ...................................... .................... .... .... .................... ........... ...................... .......... .. ... , .............................................. .......... ................................... ...................... .... .. .. ......................... ,,:

Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the meeting and in the City Clerk's office located at City Hall, 520 J Street, Los Banos, California during normal business hours. In addition, such writings and documents may be posted on the City's website at www.losbanos.org.
* * * * * * * ** * * * * * * *
Cualquier escritura o los documentos proporcionaron a una mayoria de/ Ayuntamiento respecto a cualquier articulo en este orden de/ di a sera hecho disponible para la inspecci6n publica en la reunion y en la oficina de la Secretaria de la ciudad en City Hall, 520 J Street, Los Banos,
California durante horas de oficina normales. Ademas, tales escrituras y Jos documentos pueden ser anunciados en el website de la ciudad en www.losbanos.org. · ........................................................................... ,., ............................................................................................................................................................................................................ :

1. CALL TO ORDER - August 3, 2022 6:00 PM

2. PLEDGE OF ALLEGIANCE.

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

4. CONSIDERATION OF APPROVAL OF AGENDA.

Los Banos City Council Agenda - August 3, 2022 Page 1 of3 1 5. PRESENTATION.

A. Proclamation - Recognizing the Retirement of City of Los Banos Fire Engineer Joshua Houtekamer.

B. Certificate of Recognition - Los Banos Little League 12-Year-Olds All Stars, California District 73 Little League Champions.

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 #234090 - #234253 in the Amount of $1,747,853.48.

Recommendation: Approve the check register as submitted.

B. Minutes for the July 6, 2022 City Council Meeting.

Recommendation: Approve the minutes as submitted.

C. Minutes for the July 11, 2022 Adjourned City Council Meeting.

Recommendation: Approve the minutes as submitted.

D. 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.

E. City Council Resolution No. 6530 - Approving First Amendment to Compensation Agreement Pursuant to Health and Safety Code Section 34180(f) for Los Banos Successor Agency Transfer of Properties to City of Los Banos for Governmental Use and Future Redevelopment Activity.

Recommendation: Adopt the resolution as submitted.

F. City Council Resolution No. 6531 - Authorizing the City Manager to Execute the Amendment No. 2 to the Professional Services Agreement with Mark Thomas & Company, Inc. for Engineering Services for the Pioneer Road Widening Project.

Recommendation: Adopt the resolution as submitted.

8. COUNCIL MEMBER REQUEST REGARDING AN OVERVIEW OF THE LOS

BANOS DOWNTOWN PROPERTY AND BUSINESS IMPROVEMENT DISTRICT (LBDPBID) FINANCIALS (COUNCIL MEMBER LEWIS).

Recommendation: Receive staff report and discussion regarding the findings.

Los Banos City Council Agenda - August 3, 2022 Page 2of3 2 9. CONSIDERATION OF THE LOS BANOS DOWNTOWN PROPERTY AND BUSINESS IMPROVEMENT DISTRICT (LBDPBID) ANNUAL 2.5% INCREASE.

Recommendation: Receive staff report and provide direction regarding the annual assessment.

10. 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 provide direction on how to proceed. 11 . COUNCIL MEMBER REQUEST REGARDING AN OVERVIEW OF CITY INSURANCES (COUNCIL MEMBER LAMBERT).

Recommendation: Receive staff report and provide further direction if needed.

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

13. CITY MANAGER REPORT.

A. Report Pursuant to Government Code Section 54953(c)(3) Executive Compensation: Community & Economic Development Director.

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

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

16. ADJOURNMENT.

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

Lucille
~ L. Mallonee, -f>. ~ City Clerk Dated this 29th day of July 2022 Los Banos City Council Agenda - August 3, 2022 Page 3of3 3 THIS PAGE IS INTENTIONALLY LEFT BLANK
4 LOs Banos
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PROCLAMATION

RECOGNIZING THE RETIREMENT OF

CITY OF LOS BANOS

FIRE ENGINEER JOSHUA HOUTEKAMER
WHEREAS, Joshua Houtekamer became a member of the Los Banos Volunteer Fire Department on June 4, 2001; and
WHEREAS, Joshua Houtekamer was hired as a full-time Firefighter by the City of Los Banos on July 1, 2006 and was promoted to the rank of Fire Engineer on January 16, 2018; and
WHEREAS, Joshua Houtekamer has contributed tremendously throughout his career to the community of Los Banos throughhis knowledge and commitment to his job; and WHEREAS, Joshua Houtekamer retired from the City of Los Banos as Fire Engineer on June 1, 2022 with nearly 16 years of service as a.full-time City employee.

NOW, THEREFORE, BE IT PROCLAIMED that the Mayor and City Council Members of the City of Los Banos do hereby commend Joshua Houtekamer on his dedication and loyalty to the City of Los Banos and congratulate him on his retirement.

BE IT FURTHER PROCLAIMED that this proclamation was presented to Joshua Houtekamer at the City Council Meeting held on August 3, 2022.

In witness whereof, I have hereunto set my hand
and caused to be affixed the seal of the City of Los
Banos, this 3rd day of August 2022.

APPROVED:

Manuel Thomas Faria III, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
5 CERTIFICATE OF RECOGNITIOl\T
<Presented 'To
12-YEAR-OLDS ALL-STARS TEAM
Los Banos Little League
In recognition of your outstanding sportsmanship
and for 'Winning the tit{e of
"Ca{ifornia (J)istrict 73 Littfe League Champions"
:M.anuef 'Tnomas Paria III, 9dayor
(l)ated: )4.ugust 3, 2022
f!) LOs Ban,os
6 CK# 234090 - # 234253 08/03/2022 $1,747,853.48
Bank Reconciliation
Checks by Date
User: jcanchola
Printed: 07/26/2022 - 9:55AM
Cleared and Not Cleared Checks
Print Void Checks
Check CheckDate Name
234090 7 /I 5/2022 Alhambra
234091 7/15/2022
234092 7/15/2022
234093 7/15/2022
234094 7/15/2022
234095 7/15/2022
234096 7/15/2022
234097 7/15/2022
234098 7/15/2022
234099 7/15/2022
234100 7/15/2022
234101 7/15/2022
234102 7/15/2022
234103 7/15/2022
234104 7/15/2022
234105 7/15/2022
234106 7/15/2022
234107 7/15/2022
234108 7/15/2022
234109 7/15/2022
234110 7/15/2022
234111 7/15/2022
234112 7/15/2022
234113 7/15/2022
234114 7/15/2022
234115 7/15/2022
234116 7/15/2022
234117 7/15/2022
234118 7/15/2022
234119 7/15/2022
234120 7/15/2022
234i21 7/15/2022
234122 7/15/2022
234123 7/15/2022
234124 7/15/2022
234125 7/15/2022
234126 7/15/2022
234127 7/15/2022
234128 7/15/2022
234129 7/15/2022
234130 7/15/2022
234131 7/15/2022
234132 7/15/2022
Apex Annex Health Center, Inc.

Aramark Uniform Ser Inc
AT&T
AT&T
Todd Baker
BSK Associates
Marco Barboza
Central Valley Cardiovascular Group Inc.

Clark Pest Control Inc
Comcast
CSG Consultants Inc.

LN Curtis & Sons
Frederico Castro
Federal Express Corporation
Frasier Irrigation a Div. of Landmark Irrigation
Albert Fergoili
Galls Inc
Halcyon Creek Inc.

Helena Chemical Co Inc
Charles A Edler
J & E Restaurant Supply, Inc.

Jerry Witt
Krazan & Associates
Lucas Business Systems
Marfab Inc
Modesto Janitorial Supply Center, Inc.

Monument Row, Inc.

Janeth Munoz
North Central Laboratories
The Office City
PG&E Company
Pacific Landscape Supply, Inc.

Pacific Gas and Electric
Sarah Sanchez
Save Mart Supermarkets
Frank Silveria
Sorensens True Value
Stantec Consulting Services, Inc.

State Water Resources Control Board
Sun Ridge Systems, Inc.

Superior Pool Products, LLC
Lucy Sanchez
La's Banos
Module
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
Void Amount
374.70

75.00 1,506.79
879.56

42.80 3,456.00
969.00
600.00
200.00
100.00

10.58 1,811.25
4,788.18
600.00

6.29 896.48
128.08
4,212.10
12,276.00
3,017.82
616.00
4,655.80
2,389.00
1,040.00
244.62

18.00 192.92
80,478.46
700.00
296.14
1,208.41
IO.SI
2,088.56
909.30
520.60
217.20

99.00 576.87
711.00

55.00 22,400.00
14,549.81
600.00
7 234133 7/15/2022 Andrea Sims AP 600.00
234134 7/15/2022 Mary Suda AP 350.00
234135 7/15/2022 Tesco Controls, Inc. AP 435.00
234136 7/15/2022 Triangle Rock Products AP 21,882.89
234137 7/15/2022 Kimberly Turner AP 125.00
234138 7/15/2022 Udecore Inc. DBA Proceilingtiles, Inc. AP 5,052.96 234139 7/15/2022 United Site Services, Inc. AP 133.25
234140 7/15/2022 US Bank Corp Pymt System AP 28,134.89
234141 7/15/2022 USA Blue Book AP 2,979.05
234142 7/15/2022 Anthony and Gina Lopez AP 100.00
234143 7/15/2022 Fortino Tarin AP 46.11
234144 7/15/2022 Gonzalo Aguillares Mejia AP 82.72
234145 7/15/2022 D.R. Horton AP 37.99
234146 7/15/2022 Maria Lopez Magana AP 167.90
234147 7/15/2022 Darryell Cagle AP 88.89
234148 7/15/2022 Amanda Coelho AP 149.30
234149 7/15/2022 Verizon Wireless AP 438.68
234150 7/15/2022 VFW & American Legion AP 150.00
234151 7/15/2022 Westside Water Conditioning AP 91.08
234152 7/15/2022 Western Valley Insurance AP 10,940.00
234153 7/15/2022 Windecker Inc AP 38,673.97
234154 7/15/2022 Young's Air Conditioning AP 539.00
234155 7/15/2022 ZWUSAinc. AP 805.77
234162 7/20/2022 Aflac-Customer Service AP 319.73
234163 7/20/2022 AFSCME District Council 57 AP 1,331.81 234164 7/20/2022 Los Banos Fitness & AP 370.00
234165 7/20/2022 Los Banos Police Assn AP 945.00
234166 7/20/2022 Los Banos Police Assn AP 245.00
234167 7/20/2022 MassMutual AP 1,019.36
234168 7/20/2022 MassMutual AP 3,355
.00
234169 7/20/2022 Nationwide Retirement Solutions AP 4,635.00 234170 7/20/2022 Professional Fire Fighter AP 975.00
234171 7/20/2022 State Disbursement Unit AP 937.50
234172 7/20/2022 Vantagepont Transfer Agents
- 306797 AP 1,040.15
234173 7/20/2022 Vantagepoint Transfer Agents
- 801838 AP 5,625.00
234174 7/22/2022 Anthony Gomes AP 407.41
234175 7/22/2022 Apex Annex Health Center, Inc. AP 439.00 234176 7/22/2022 Aramark Uniform Ser Inc AP 1,248.85
234177 7/22
/2022 AramarkUniform & Career Apparel Group, Inc. AP 283.52 234178 7/22/2022 AT&T Mobility AP 7,776.25
234179 7/22
/2022 AT&T AP 274.57
234180 7/22/2022 AT&T AP 100.94
234181 7/22/2022 Richard A Blak Phd AP 450.00
234182 7/22/2022 Bruce's Tire Inc AP 11,066.48
234183 7/22/2022 CENCAL Machine & Fabrication Inc. AP 1,298.01 234184 7/22/2022 Central Valley Cardiovascular Group Inc. AP 400.00 234185 7/22/2022 Manuel A Avila AP 212.88
234186 7/22
/2022 Central Sanitary Supply AP 1,622.77
234187
7/22/2022 CSNRMA AP 774
,142.00
234188 7/22/2022 CSNRMA AP 107.54
234189 7/22/2022 Coffee Break Service Inc. AP 320.06
234190 7/22/2022 David Darren Cole II AP 80.00
234191 7/22/2022 Copy Shipping Solutions AP 1,627.99
8 234192 7/22/2022 CSG Consultants Inc. AP 14,326.00
234193 7/22/2022 City of Los Banos Utility AP 61,172.14 234194 7/22/2022 D & D Pest Control AP 177.00
234195 7/22/2022 Double D Towing, LLC AP 130.00
234196 7/22/2022 Ebix, Inc. AP 1,310.87
234197 7/22/2022 Fresno County Sherrifl's Office AP 836.76 234198 7/22/2022 Fresno City College AP 4,038.00
234199 7/22/2022 Galls Inc AP 64.82
234200 7/22/2022 GoTo Communications, Inc. AP 3,060.78
234201 7/22/2022 Karina Gutierrez AP 350.00
234202 7/22/2022 Henley Pacific, LLC AP 330.14
234203 7/22/2022 Holt of California AP 1,819.52
234204 7/22/2022 Ingraham Trophies AP 232.45
234205 7/22/2022 Krazan & Associates AP 3,459.00
234206 7/22/2022 Laboratory Corporation of America Holdings AP 414.00 234207 7/22/2022 Language Line Services AP 55.33
234208 7/22/2022 TimJLaw AP 800.00
234209 7/22/2022 Gabriel Omar Ortiz Lepe AP 800.00
234210 7/22/2022 Lucas Business Systems AP 711.28
234211 7/22/2022 Josiah Mardirosian AP 60.00
234212 7/22/2022 Merced Chevrolet Inc. AP 1,633.58
234213 7/22/2022 Merced Sun Star AP 329.44
234214 7/22/2022 Merced Truck & Trailer Inc AP 1,545.64 234215 7/22/2022 Monterey Auto Services Inc. AP 492.61
234216 7/22/2022 Napa Auto Parts of Los Banos AP 97.74
234217 7/22/2022 NDN International LLC AP 18.94
234218 7/22/2022 OSE AP 83.63
234219 7/22/2022 O'Reilly Auto Parts AP 541.74
234220 7/22/2022 Protech Security & Electronics, Inc. AP 570.00 234221 7/22/2022 Razzari Dodge Chrysler Jeep AP 4,309.79 234222 7/22/2022 Riggs Ambulance Service AP 387.52
234223 7/22/2022 Ronny's Inc. AP 1,760.00
234224 7/22/2022 Save Mart Supermarkets AP 46.95
234225 7/22/2022 Juan Soriano AP 60.00
234226 7/22/2022 Sorensens True Value AP 923.17
234227 7/22/2022 Swinerton Builders AP 420,197.16
234228 7/22/2022 Maria Suarez AP 600.00
234229 7/22/2022 Talley Oil Inc. AP 2,017.08
234230 7/22/2022 T-Mobile USA Inc. AP 25.00
234231 7/22/2022 Tyler Technologies, Inc. AP 2,925.00
234232 7/22/2022 Alejandro Aldama AP 639.74
234233 7/22/2022 Juvenal Munoz Jr AP 38.36
234234 7/22/2022 Pedro Ponce AP 30.27
234235 7/22/2022 Mireya Maciel-Valdez AP 67.72
234236 7/22/2022 Claudia Arroyo AP 35.18
234237 7/22/2022 Salud Padilla AP 96.84
234238 7/22/2022 Felisa Gomez AP 27.10
234239 7/22/2022 Elizabeth Alcantar AP 47.01
234240 7/22/2022 Elizabeth Jimenez AP 52.85
234241 7/22/2022 Century Communities AP 183.15
234242 7/22/2022 Diana Mendoza AP 101.74
234243 7/22/2022 RBG Construction AP 175.48
234244 7/22/2022 Court of Fountains, LLC AP 144.00
9 234245 7/22/2022 Century Communities
234246 7/22/2022 V anir Construction Management, Inc.
234247 7/22/2022 Law Offices of William A Vaughn
234248 7/22/2022 VFW & American Legion
234249 7/22/2022 Westamerica Bank - Cafeteria Plan
234250 7/22/2022 Westside Water Conditioning
234251 7/22/2022 West Publishing Cmporation
234252 7/22/2022 Windecker Inc
234253 7/22/2022 Xerox Financial Services
Break in check sequence due to the following:

Check# 234156 - # 234161 (Payroll)
AP
AP
AP
AP
AP
AP
AP
AP
AP
Total Void Check Count:

Total Void Check Amount:

Total Valid Check Count:
183.91
7,126.81
17,412.75

30.00 74,622.09
193.50
404.20
5,874.14
2,464.46
0 158
Total Valid Check Amount: 1,747,853.48
Total Check Count: 158
Total Check Amount: 1,747,853.48
10 CITY OF LOS BANOS

CITY COUNCIL MEETING MINUTES
JULY 6, 2022
ACTION MINUTES - These minutes are prepared to depict action taken for agenda items presented to the City Council. For detaH 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 6:02 p.m.

PLEDGE OF ALLEGIANCE: Police Commander Reyna led the pledge of allegiance.

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

STAFF MEMBERS PRESENT: City Attorney Vaughn, City Clerk/Human Resources Director Mallonee, City Treasurer/Accounting & Budget Supervisor Tomas, Community & Economic Development Director Souza Elms, Police Commander/Acting Fire Chief Reyna, Public Works Director/City Engineer Than.

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. SPEAKERS ARE LIMITED TO A FIVE (5) MINUTE PRESENTATION. DETAILED GUIDELINES ARE POSTED ON THE COUNCIL CHAMBER INFORMATIONAL TABLE. Mayor Faria opened the public forum and asked those at the meeting if they would like to speak: JOHN GAUTHIER, owner of Little Caesar's in Los Banos, inquired as to why the City Manager was fired, how he's getting ready to open up a Crumble business and he never had a City Manager reach out to him like Josh Pinheiro did and how he was very proactive for the City, how he works in a number of states and whatever politics are going on are garbage, he is not happy with whoever made this decision, it's not fair that they don't get to know why; City Attorney Vaughn explained that the Brown Act does not allow the City Council to respond to items during public forum or enter into a discussion, they can defer items to staff for follow-up; LORI BALATTI, Los Banos, reading from a prepared letter that is on file with the City Clerk stated that he has lived in Los Banos for 52 years, she has been so distraught about the dismissal of Josh Pinheiro, she does not understand, what were you thinking, Josh had passion, he wanted to be involved and get to know the City of employees, changes were not accepted by some employees, every time I contacted Josh he responded, 11 making needed changes in all departments, how he was working with Los Banos Unified School District on projects, cleaned up Pacheco Park, had new scoreboards installed at Colorado Ball Park, he was meeting with local business leaders, aware of properties needing tenants, so sad we have dropped projects, he never had a chance to finish what he had started, he was not given the respect he deserved; ALLAN COTTA, Los Banos, resident of a once great City, spoke in support of the past City Manager Josh Pinheiro and how he was doing more for the City and it's voters, how three of the Council Members should be ashamed and that after you reinstate or rehire Josh you should all resign; ANN McCAULEY, Los Banos, stated that she has not seen so many department in such disarray and so short-staffed in management positions, she has heard from several city employees that Josh was working corporations who wanted to come to Los Banos and now they might not be interested, he had vision, we will never know the reasons because of the Brown Act, we cannot continue to operate as a small town working in the past and hope that people will fall into this town and do business, it's frustrating to me that we could have so many things going on and then something like this happens, should have waited 6-9 months more to see some of this stuff come to fruition; JUAN RAMIREZ, Local 4703 Union Representative, spoke in support of former City Manager Josh Pinheiro and the current state of the Fire Department, staffing shortage, staffing crisis, how they are tired, crippling, getting by as best they can, we are putting ourselves and community in danger, staffing has changed very little over the years, Fire Chief and Assistant Fire Chief vacancies, not having Battalion Chiefs, their equipment in dire shape, retention/recruitment is an issue in the Fire department, salary is not up to market, referring to a Strategic Plan and the recommendations, mismanagement and lack of leadership, we are at a point where a decision needs to be made even if that means another agency needs to come in and provide the service our city deserves; PATRICIA McCOY, Los Banos, stated that she felt the termination of Josh Pinheiro was premature, how he was stepping into a mess left by the last city manager, there was a clash in personalities, how the June 15 Closed Session should never had been handled the way it was, should have allowed for Council Members to digest the information, they were voting on pure emotions, this has and will cost Los Banos so much more, adding costs to fill the vacancy, she is extremely disappointed and embarrassed, thanked Council Member Jones and Lambert for making decision for the best interest of Los Banos and not personal interest; JESS MEDRANO, Los Banos, speaking to Mayor Faria stating that he watched a lot of people come up here and you have not been paying attention to what they are saying; BOB CLASS, Los Banos, tried to call City Hall a couple weeks ago no one answered, called back a couple times still no answer, he talked to someone today but was not allowed to leave a voicemail, how do hire someone and then fire him, you didn't do due diligence when you hired him, there is nothing transparent about this city, you need to do better or I may run for Mayor; UNNAMED PERSON, reading from a prepared letter that is on file with the City Clerk, wanted to clear up some misconceptions from the June 22, 2022 Special City Council Meeting, spoke to how she previously worked in the Finance Department and described her experience while working there, the high turnover rate in the Finance Department, the sickening and terrible behavior she experienced, how it was accepted for many years by the Human Resources staff, how City Manager Pinheiro was hired by the City Council to make changes to City Hall, disappointed does not begin how I feel, he was excelling at his job, this has been proven 12 by Council Member Jones and Lambert, spoke to a letter written by Susan Wilson that bashed former City Manager Pinheiro and saying terrible things that do not accurately represent his behavior, how she feels that some employees got to the members and had him fired and they need to be held accountable; CLAUDIA NUNES, Mobile Home Park, spoke to concerns with the homeless encampment near her home, stated that most of the people that lived at the mobile home park are seniors, month after month they are sick and tired about not being listened to, we have been begging you guys to please help us, we pay taxes and the homeless do not, we need help desperately, we have worked our whole life to live in a good life in retirement, how she has called 911 time after time, we deserve some answers, pleading for help and to please listen to us; SHANDRA LEWIS, Los Banos, Rancho Mobile Home Park, thanked the City Council for letting us talk, things seem better but are they better - no, she spoke regarding he concerns with the homeless encampment near her home, how here nephew had his bike stolen by cutting the cable and was returned tore up, my lawn mowers are cabled and she worries that they will be stolen also, we need help, how she recently called the Police Department because there was a fire in the homeless area and she worried about that, noted that Council Member Lewis had questions at the last meeting that didn't get answered ad was hoping to hear more about that, she shared pictures that showed how the homeless are coming in and out, they don't walk around because they are lazy and want to steal things, how the fencing for homeless is tore up and not even new anymore and it hasn't even been a few months; MARION SANTOS, stated that he is the largest sales tax provider in this town, wondered why they would make such a quick decision to let the city manager go, did you talk to anyone, how it doesn't even make sense and hasn't been with the City very long, he pointed out how he supported the Mayor and now he sees him smirking, you could have talked to someone who has been in business for a long time, maybe you were right or maybe you were wrong, the next time you do this at least talk to some people, how we can't get answers and that's not right either; STEPHANIE AUSTIN, Los Banos, spoke to how she first me Josh Pinheiro as a freshmen in high school, she uses Josh as an example for her students, he was a manager of Foster Freeze as a senior in high school, kept going to school, she introduced her students to Josh and they clapped, spoke to how he just bought his 3rd home to protect his parents, she wishes she could have lunch with her mother, comments about him being too young was a bit much, she was so happy to hear that Josh was the City Manager, he is a home grown person that was going to do all he could do to improve Los Banos, how he was disrespected at Home Depot, feels that the letter that was written about Josh is total defamation and slander and not written by Sharon Wilson, the letter was all hearsay, and how she came up to support her friend Josh, how he will not be manipulated, is a good person, a Christian man and wouldn't do anything wrong or unethical; CAROL ETCHEVARRY, Los Banos, spoke to how Los Banos has had its up and downs and how she had a hard time in the past few months and how Josh came to her home to visit with her, everything Stephanie Austin said is right on, Josh was a go-getter, he respected people, he was disrespected and he was used, all these people are here to support Josh, this is not something she usually does, she feels they chose improperly to dismiss him, he accomplished more than all the last five City Managers, he was bettering our City, if you had any decency in your heart, in your brain, you would put your tail between your legs, tell him you made a mistake and he needs to come back to Los Banos, age has nothing to do with being able 13 to do good job; MIKE HUGHES, Los Banos, has lived here for 50 years and worked for the City for 30 years, he has seen some good Councils and this is the worst Council he has ever seen in my life, you have let petty jealously and personalities get the best of you, how heard of an incident that happened at Home Depot and called Mayor Faria before and he has not gotten a call back yet, how he watched Josh grow up as a kid, he was a great young person and always influential in the City, he has asked the last three City Managers to deal with the trees downtown and how Josh put money in the budget to take care of the trees, how hard will it be to find another City Manager, he has a homeless situation across the street from him and how he is being told that nothing can be done about it, we need a Council that can do their job, the three that voted Josh out should resign, you are not representing the City of Los Banos, just costing us more money, you have just made the City a mess; DOUG BEGONIA, spoke in support of Josh Pinheiro and after hearing the letter read at the last Council Meeting and most of you were hearing those words on a daily basis from employees at City Hall, you caved and gave in to their wishes, Josh was doing a good job and all you did was hurt the citizens of Los Banos,. when it is time to run for reelection there will be those that run against you and we will support their campaigns; DR. STEVE SOARES, reading from a prepared letter that is on file with the City Clerk, spoke in opposition of the termination of City Manager Pinheiro, the way it was handled shows how self-entered the decision was, the many things that Josh has accomplished and how Mayor Faria responded with it would have gotten done anyway, City Council Members are employees and can be fired and we will do it at the ballot box in November; DUSTIN CAROPRESO, born and raised in Los Banos, stated that he became the President of Los Banos Little League and spoke to Josh about the need for new scoreboards and he got them new scoreboards, the biggest thing I have to say is I came back to this town to raise a family here and we had a guy that came back to Los Banos to make Los Banos better and you got rid of him, the three people that voted against him, you need to write that resignation and reinstate him; JANET SILVA, spoke in support of Josh and it is definitely clear that he needs to be reinstated, we need you to make a stand and make a right one, thank you Council Member Jones and Lambert for you votes, Josh is our neighbor and we would like him reinstated as our City Manager; MARIA SALINAS. City Clerk Mallonee stated that she received the following comment by email that is on file with the City Clerk from: MARIA SALINAS, resident at Rancho Los Banos Mobile Home Park, writing regarding here concerns with the homeless encampment near her home, she thanked Police Chief Brizzee for his presentation at the last meeting and it helped her understand the whole situation better, the appreciated the comments by Council Members Lewis, Llamas, and Lambert, but her concerns are still real and very important and all their concerns are part of the minutes and video recordings which the City will not be able to say they weren't warned when something bad happens.

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

CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Council Jones requested that item 6D - City Council Resolution No. 6525 - Approving and Authorizing the Mayor to Sign a Professional Services Agreement for Interim Finance Director Services with BWK Consulting, LLC. be removed from the consent agenda for separate presentation and vote.
14 City Clerk/Human Resources Director stated that she could answer any questions that the City Council might have on Item 60 - City Council Resolution No. 6525 - Approving and Authorizing the Mayor to Sign a Professional Services Agreement for Interim Finance Director Services with BWK Consulting, LLC. Council Member Jones stated that he took issue with the inclusion of the contract to include the management of IT Services as he feels that is makes no sense to have a contract employee be responsible for a contract employee for which the City Clerk/Human Resources Director explained the reasoning behind the request. Motion by Jones, seconded by Lambert to approve City Council Resolution No. 6525 - Approving and Authorizing the Mayor to Sign a Professional Services Agreement for Interim Finance Director Services with BWK Consulting, LLC. with the removal of IT Services in his scope of business. The motion carried by the affirmative action of all Council Members present.

Motion by Llamas, seconded by Lewis to approve the consent agenda as follows: Check Register for #233327 - #233820 in the Amount of $2,740,554.09; City Council Resolution No. 6523 - 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. 6524 - Approving and Authorizing the Mayor to Sign a Contract Amendment Between the County of Merced and the City of Los Banos to Extend Fire Stop-Gap Coverage for an Additional Two (2) Months; City Council Resolution No. 6525 Approving and Authorizing the Mayor to Sign a Professional Services Agreement for Interim Finance Director Services with BWK Consulting, LLC.; City Council Resolution No. 6526 -Approving and Authorizing the Mayor to Sign a Contract between Placer Labs, Inc. and the City of Los Banos for Mobile Data Analytics. The motion carried by the affirmative action of all Council Members present.

PUBLIC HEARING - PUBLIC HEARING - TO RECEIVE PUBLIC COMMENT AND

CONSIDERATION OF AN AMENDED GROUNDWATER SUSTAINABILITY PLAN

THAT WILL GOVERN SUSTAINABLE GROUNDWATER MANAGEMENT ACTIONS

WITHIN THE JURISDICTIONAL BOUNDARIES OF THIS PLAN LOCATED IN THE DELTA-MENDOTA SUBBASIN (GROUNDWATER BASIN: 5-022.07) AS

ENCOMPASSED BY THE BOUNDARIES OF THE CITY OF LOS BANOS
GROUNDWATER SUSTAINABILITY AGENCY; CITY COUNCIL RESOLUTION NO. 6527 -ACTING AS THE CITY OF LOS BANOS GROUNDWATER SUSTAINABILITY

AGENCY (GSA) ADOPTING THE FIRST AMENDED GROUNDWATER
SUSTAINABILITY PLAN FOR PORTIONS OF THE DELTA- MENDOTA SUBBASIN.

Public Works Director/City Engineer Than presented the staff report, which included a PowerPoint presentation.

Mayor Faria opened the public hearing. No one came forward to speak and the public hearing was closed.

Motion by Lambert, seconded by Jones, to adopt City Council Resolution No. 6527 - Acting as the City of Los Banos Groundwater Sustainability Agency (GSA) Adopting the First Amended Groundwater Sustainability Plan for Portions of the Delta - Mendota Subbasin. The motion carried by the affirmative action of all Council Members present. 15 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) (SECOND READING & ADOPTION).

Community & Economic Development Director Souza Elms presented the staff report Mayor Faria opened the public hearing. No one else came forward to speak and the public hearing was closed.

Motion by Jones, seconded by Lambert, 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.

Motion by Jones, seconded by Llamas, 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.

Motion by Jones, seconded by Lambert to waive the second 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.

Motion by Jones, seconded by Lambert to adopt 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: AYES: Jones, Lambert, Lewis, Llamas, Faria; NOES: None; ABSENT: None.
16 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.

Mayor Faria stated that PCE has had their bond rating improved.

CITY COUNCIL MEMBER REPORTS.

BRETT JONES: Spoke to how Mayor Faria, in his first term, took the City from being the best City in Merced County to being a joke in just one evening, before Josh came in we warned him about the swamp within city hall and the serious issues with the HR Director and Finance Director, how they purposefully excluded the HR Director from the background details of Josh, concerns with no succession planning for our employees and the very important duties they perform, there was an even bigger swamp and it was on Council, how policy isn't being followed, how Mayor Faria was testing positive for COVID19 at the live June 22 meeting and had zero regards for anyone's safety, to how Deborah claims to be a good steward of the tax payers dollar but you spend a dollar to save a dime, and you have an opinion about everything, how Refugio always seems to brag about how much experience he has, how he is confident that we made the right decision in hiring Josh Pinheiro in the first place, and welcomed our new Interim Finance Director Brent Kuhn a real professional overseeing our City's finances.

KENNETH LAMBERT: Thanked everyone that showed up tonight, shows the support we have for our City, he has a Council Member Request: Review for a council discussion on all of City's Insurance Policies, with specific names of insurance, also providers with names of producers that received compensation and would like to know the last time we did an RFP for our insurance needs, and would like this brought to our August 3rd meeting.

DEBORAH LEWIS: Would like to thank all the public who showed up tonight, this is process of free speech and to address your elected council members, there was some incorrect statements made by people in the public that came from Mr. Jones, she would like to tell you all what was behind the decisions she had to make but due to the Brown Act she can't discuss how she came to her decisions, there is an effort by Mr. Jones to slander certain people on this Council and she does not appreciate it, she would like to see if even we disagree with each other to try to be as united as we possibly can to move forward in this City, grieves her that people have incorrect information out there, how it troubles her that things are being stated by the public that were discussed in closed session that shouldn't have gotten out to the public.

REFUGIO LLAMAS: Thanked everyone for being here tonight, how you assess and reassess, take into account comments from the public and you look at your decisions, how he believes in our republic and believes in transparency, just celebrated the Declaration of Independence and the history behind that, pains me that I cannot talk about 17 it the reasons behind his decisions, I hear the comments and I take them internally, thanked staff for creating the reports, how he returns all his calls and emails, appreciates everyone's comments and fellow Council Members, how we do not agree on everything but that does not mean that we are disagreeable.

MAYOR TOM FARIA: Spoke regarding the beautiful 4th of July celebration, hoped everyone enjoyed their Independence Day.

CLOSED SESSION - PUBLIC EMPLOYMENT, TITLE: INTERIM CITY MANAGER, PURSUANT TO GOVERNMENT CODE SECTION 54957. Mayor Faria stated that by a vote of 5-0, the City Council has appointed Gregory Wellman as Interim City Manager commencing July 11, 2022 subject to consideration and approval of an Interim City Manager Employment Agreement and the City Council will adjourn to Monday July 11, 2022 at 10:00 a.m. in these City Council Chambers to consider the approval of an interim city manager employment agreement.

ADJOURNMENT. Motion by Llamas, seconded by Lambert to adjourn the meeting at 9:05 a.m. The motion carried by the affirmative action of all Council Members present, Jones absent.

APPROVED:

Manuel Thomas Faria Ill, Mayor
ATTEST:

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

ADJOURNED CITY COUNCIL MEETING MINUTES
JULY 11, 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 10:01 a.m.

PLEDGE OF ALLEGIANCE: The pledge of allegiance was led by Police Chief Brizzee.

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

STAFF MEMBERS PRESENT: City Attorney Vaughn, City Clerk/Human Resources Director Mallonee, Police Chief Brizzee, City Treasurer/Accounting & Budget Supervisor Tomas, Public Works Director/City Engineer Than, Community & Economic Development Director Elms, Police Commander/Acting Fire Chief Reyna, Interim Finance Director Kuhn.

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

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. No one came forward to speak and there were no written comments to be read, therefore the public forum was closed.

CONSIDERATION OF INTERIM CITY MANAGER: CITY COUNCIL RESOLUTION NO. 6528 - APPOINTING GREGORY B. WELLMAN AS INTERIM CITY MANAGER AND APPROVING INTERIM CITY MANAGER EMPLOYMENT AGREEMENT. City Attorney Vaughn presented the staff report.

Motion by Lewis, seconded by Lambert to adopt City Council Resolution No. 6528 - Appointing Gregory B. Wellman as Interim City Manager and Approving Interim City Manager Employment Agreement. The motion carried by the affirmative action of all Council Members present, Llamas absent.

ADJOURNMENT. The meeting was adjourned at 10:06 a.m.

APPROVED:

Manuel Thomas Faria Ill, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
19 THIS PAGE IS INTENTIONALLY LEFT BLANK
20 LOsBanos
Agenda Staff Report
TO: Mayor Faria and City Council Members
FROM: William A. Vaughn, City Attorney
DATE: August 3, 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. 21 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 22 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:
4Lu1i ~QtrM-fei Blu,_Ki fuM
Brent Kuhn,
Interim Finance Director
23 THIS PAGE IS INTENTIONALLY LEFT BLANK
24 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 25 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:
26 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 3rd day of August 2022, by Council Member _____ who moved for its adoption, which motion was duly seconded by Council Member ______ , and the Resolution was adopted by the following vote:

AYES:

NOES:

ABSENT:

APPROVED:

Manuel Thomas Faria, Ill, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
27 Telephone
209-826-3531
DATE:

TO:

FROM:

August 3, 2022
Law Offices of
WILLIAM A. VAUGHN
525 J Street, Suite A
Los Banos, CA 93635
Mayor and City Council Members
William A. Vaughn, City Attorney
TYPE OF REPORT: Consent Agenda
Facsimile
209-826-2431
RE: Proposed Amendment to Compensation Agreement Between The City of Los Banos, and other Affected Taxing Entities

RECOMMENDATION
Adopt Resolution No __

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

APPROVING FIRST AMENDMENT TO COMPENSATION AGREEMENT PURSUANT TO HEAL TH AND SAFETY CODE SECTION 341 BO(f) FOR LOS BANOS

SUCCESSOR AGENCY TRANSFER OF PROPERTIES TO CITY OF LOS BANOS

FOR GOVERNMENTAL USE AND FUTURE REDEVELOPMENT ACTIVITY

BACKGROUND
The former redevelopment agency of the City of Los Banos was dissolved on June 28, 2011 after the Governor signed into law ABx1 26 which dissolved redevelopment agencies (over 400 statewide), and after a California Supreme Court ruling, all redevelopment agencies in California were dissolved on February 1, 2012.

According to Redevelopment Dissolution Law, a successor agency, in this instance Los Banos Designated Local Authority (DLA) is required to dispose of all formerly agencyowned property and distribute the proceeds to the taxing entities. In this case there are eight Taxing Entities including the City entitled to a share of the proceeds.

One way the successor agency can dispose of property is to transfer the property to the city or county that formed the Redevelopment Agency for future development. The 28 future development properties are to be disposed of by the City and developed consistent with the Redevelopment Plans adopted by the Redevelopment Agency.

When sold the net proceeds are to be divided proportionately with the other taxing entities pursuant to Health and Safety Code Section 34180 (f)(1 ).

On November 6, 2020 the City entered into a compensation agreement with the other affected taxing authorities concerning sixteen properties that have now been transferred to the City either for governmental use or future development. Among other terms the compensation agreement sets forth the terms in which the City will in turn dispose of the properties and divide the proceeds. A copy of the fully executed agreement is enclosed. The purpose of this first amendment to compensation agreement is to add three additional properties to be transferred to the City from the DLA for future development.

DISCUSSION
On September 1, 2021 representatives of the Los Banos Designated Local Authority made a presentation to the City Council concerning the transfer of three additional properties to the City located along the Rail Trail. The three parcels are depicted in the map below highlighted in yellow. The consensus of the City Council at that meeting was that the City was interested in accepting the transfer of the properties after the DLA remediated the arsenic related environmental concerns consistent with the remediation plan for other properties along the rail corridor.
29 Based upon the City Council's interest in accepting the properties the DLA has moved forward with an environmental assessment for each of the properties. The primary environmental concern is the presence of arsenic in the soil as a result . of railroad operations on or in the vicinity of each of the properties. There were similar concerns with the remediated properties previously accepted by the City from the DLA along the rail corridor.

Properties Proposed for Transfer to the City.
a. APN 025-053-002 and 081-110-048. This property is located at 715 2nd Street at the west end of the rail corridor and consists of two parcels and a Street Right-of-way and is approximately 0.91 acres in size. The property is depicted in the aerial photo above in yellow as the two parcels to the west of 2nd street. The property has historically included a railroad line since at least 1908 and an irrigation ditch since at least 1920.

The property is developed with a concrete loading dock and rail spur with the remainder of the site covered by asphaltic hard scape, effectively eliminating the exposure pathway to arsenic affected soils. Concentrations of arsenic-were detected under the concrete and hardscape.

Because the soils are capped by concrete and asphalt, the soils were left in place and a Land Use Covenant (LUC) with a Soil Management Plan (SMP) will be applied to the site. Land use will be restricted to commercial or industrial use and the asphalt cap will be maintained. The LUC would become a part of the property deed documents and limit development to commercial uses unless the owner provides new information or plans to the RWQCB for site remedial action appropriate to the new planned property use. The Soil Management Plan will protect workers that may be exposed to the arsenic affected soils if the cap and/or soil below is removed or disturbed.

A No Further Action Request (NFA) and Soil Management Plan (SMP) were submitted to the RWQCB in June. Communication from the RWQCB on July 7, 2022 indicated there were no comments on the SMP and the NFA Request has been approved. b. APN 025-054-006. This site is an elongated parcel located on the northeast side of H Street between 2nd Street and 4th Street and is approximately 2.02 acres in size.

The property is depicted aerial photo above in yellow as one long parcel between 2nd and 4th streets with frontage on H Street. The property has been vacant since at least 2006 and was formerly industrial including a lumber company as far back as 1937.

Various structures and railroad spurs were formerly located on the property through the years, as far back as 1920. Currently the Property is a vacant dirt lot that is traversed from northwest to southeast by the City's Rail Trail.

As part of the Phase II work, soils samples were collected at 2 depths at 12 locations.

Eight of the soil sample results exceeded the residential standard and seven exceed the

28.2 mg/kg Rail Trail clean up goal.
30 Remediation for this Property included removal of the affected soils to a depth of 2 feet that were above the 28.2 mg/kg goal. Land use will be restricted to commercial or industrial use. The LUC would become a part of the property deed documents and limit development to commercial uses unless the owner provides new information or plans to the RWQCB for site remedial action appropriate to the new planned property use.

Remedial action was conducted in May 2022. A Remedial Action Plan detailing the remediation and requesting site closure was submitted to the RWQCB on July 8, 2022.

No response has been received from the RWQCB as of the writing of this staff report.

FINANCIAL IMPACT
Upon disposition of the future development properties the City will receive 18. 7598% of the net proceeds as its distributive share.

CONCLUSION
The DLA is concluding its remediation plan for the three properties. Prior to the City accepting the properties for future development it is necessary to amend the current compensation agreement to include these three additional properties. Assuming the City Council approves the proposed first amendment to compensation agreement, staff will prepare a letter of explanation and forward to each of the taxing entities for their consideration and approval. Staff expects this process to take up to sixty (60) days.

The DLA expects to transfer title to the City prior to the end of 2022.

Reviewed by:
,l/J.m &oYY)fM -wt (3Ju Ylf fuJLn
Brent Kuhn,
Interim Finance Director
Attachments:

Proposed Resolution
First Amendment to Compensation Agreement
Executed Compensation Agreement
31 RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS

BANOS APPROVING FIRST AMENDMENT TO COMPENSATION

AGREEMENT PURSUANT TO HEAL TH AND SAFETY CODE SECTION
34180(f) FOR LOS BANOS SUCCESSOR AGENCY TRANSFER OF

PROPERTIES TO CITY OF LOS BANOS FOR GOVERNMENTAL USE

AND FUTURE REDEVELOPMENT ACTIVITY
WHEREAS, Pursuant to the Redevelopment Dissolution Statutes, the former City of Los Banos Redevelopment Agency was dissolved as of February 1, 2012, and the Los Banos Designated Local Authority, as Successor Agency to the Los Banos Redevelopment Agency (DLA) became responsible for paying its enforceable obligations, disposing of its properties and other assets, and unwinding the affairs of the Former RDA.

WHEREAS, accordingly, ownership of the Former RDA's Properties that had been acquired to implement the Redevelopment Plans of the Former RDA transferred to the DLA for disposition in accordance with the Redevelopment Dissolution Statutes.

WHEREAS, for properties to be transferred to the City of Los Banos (City) for future development, the Department of Finance and Health & Safety Code Section Code 34180(f) requires execution of a compensation agreement among the City and the Taxing Entities providing for specified proceeds of the City's subsequent disposition of the properties to be distributed to the Taxing Entities in accordance with their proportional shares of the base property tax revenues.

WHEREAS, accordingly, the City and the Taxing Entities entered into a compensation agreement in accordance with Health and Safety Code Section 34180(f) dated November 6, 2020.

WHEREAS, it is anticipated that the DLA; the Oversight Board; and Department of Finance will approve transfer of three additional properties to the City for future development.

WHEREAS, the City has prepared a First Amendment to Compensation Agreement to add the three additional properties to the above referenced Compensation Agreement dated November 6, 2020 to be presented to the other Taxing Entities for their consideration and approval.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos hereby finds, resolves, approves, determines, and directs as follows:

SECTION 1. The above Recitals are true and correct, and together with the Staff Report and other information provided by the staff and the public, form the basis for the findings and actions set forth in this Resolution.
32 SECTION 2. Pursuant to Health and Safety Code Section 34180(f), the City Council of the City of Los Banos hereby approves the First Amendment to Compensation Agreement in the form presented herewith, and authorizes execution of the First Amendment to Compensation Agreement by the Mayor of the City of Los Banos, with only such non-substantive modifications as may be approved in writing by the City Attorney.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 3rd day of August 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:

AYES:

NOES:

ABSENT:

APPROVED:

Manuel Thomas Faria Ill, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
33 FIRST AMENDMENT TO

COMPENSATION AGREEMENT PURSUANT TO HEALTH AND
SAFETY CODE SECTION 34180(f) FOR LOS BANOS SUCCESSOR

AGENCY TRANSFER OF PROPERTIES TO CITY OF LOS

BANOSFORGOVERNMENTALUSEANDFUTURE

REDEVELOPMENTACTMTY
This First Amendment to Compensation Agreement "First Amendment"), dated for reference purposes as of _____ _, 2022 is entered into by and among the City of Los Banos ("City") and the County of Merced, the Merced County Office of Education, the Merced Community College District, the Los Banos Unified School District, the Merced County Mosquito Abatement District, the Los Banos Cemetery District, and the Central California Irrigation District ( collectively "Parties" and "Taxing Entities"), on the basis of the following facts, understandings, and intentions of the Parties:

RECITALS
A. Pursuant to the Redevelopment Dissolution Statutes, the former City of Los Banos Redevelopment Agency ("Former RDA") was dissolved as of February 1, 2012, and the Los Banos Designated Local Authority, as Successor Agency to the Los Banos Redevelopment Agency ("Successor Agency") became responsible for paying its enforceable obligations, disposing of its properties and other assets, and unwinding the affairs of the Former RDA.

B. Accordingly, ownership of the Former RDA's Properties that had been acquired to implement the Redevelopment Plans of the Former RDA transferred to the Successor Agency for disposition in accordance with the Redevelopment Dissolution Statutes.

C. For properties to be transferred to the City for future development, DOF and Health & Safety Code Section Code 34180(:f) requires execution of a compensation agreement among the City and the Taxing Entities providing for specified proceeds of the City's subsequent disposition of the properties to be distributed to the Taxing Entities in accordance with their proportional shares of the base property tax revenues.

D. Accordingly, the parties entered into a compensation agreement in accordance with Health and Safety Code Section 34180(:f) dated November 6, 2020 ("Compensation Agreement").

E. The Successor Agency, the Oversight Board, and DOF have approved transfer of three additional properties described herein to the City for future development.

F. The Parties desire to enter into this First Amendment to Compensation Agreement to add the three additional properties to be transferred to the City for future development to the above referenced Compensation Agreement dated November 6, 2020.

NOW, THEREFORE, the Parties agree as follows:
34 Section 1. Incorporation of Recitals. The Recitals set forth above are incorporated into and form an integral part of this First Amendment and are incorporated into the Compensation Agreement.

Section 2. Amendment to Section 6 of the Compensation Agreement. Section 6 of the Compensation Agreement is amended in its entirety to read as follows:
"Section 6. Properties to be Conveyed to City for Future Development.

Promptly following the later to occur, the Effective Date or such date as remediation of the Property, if any, is completed to the satisfaction of the City, and in consideration for the distributions to the Taxing Entities by the City through the Auditor Controller as set forth in Sections 7 through 8 herein, fourteen (14) parcels (APN 025-054-005*, 025-054-007*, 025-072-036*, 025- 114-011, 025-114-013, 026-141-001, 025-114-005, 025-114-019 025-201-010, 083-100-084 *, 083-100-081 *, 025-054-006, 025-053-002, 081-110-048) formerly owned by the Former RDA shall be conveyed by the Successor Agency to the City for future development ("Future Development Properties"). Except as otherwise set forth herein and subject to the special terms and conditions set forth in Sections 7.l(a)-(c) and 7.2(a) and (b) herein, applicable to APN 025-054-005, 025-054-007, 025-072-036, 083-100-084, and 083-100-081, the City shall retain the Future Development Properties for future development in accordance with this Agreement, the applicable Redevelopment Plans, and the Los Banos General Plan. The Successor Agency shall convey the Properties by grant deed in a form reasonably acceptable to the Successor Agency and the City." Section 3. Amendment to Exhibit A-2. Exhibit A-2 of the Compensation Agreement is amended in its entirety to read as follows:

EXHIBIT A-2

FUTURE DEVELOPMENT PARCELS

DESCRIPTION/LOCATION DISPOSITION
I. Rail Trail Properties
Abandoned rail corridor purchased from Union
Pacific Railroad in 2001.
a. New Parcel B located between 2nd Street and 4m A portion of 025- Future Development Streets and between G Street and H Street; currently 054-005 subject to Section zoned Rail Corridor (RC); partially developed with a 7.l(a) as depicted in public walking trail and neighborhood park. Exhibit D-1 b. New Parcel B located on 2°0 and G Street; A portion of025- Future Development currently zoned Rail Corridor (RC); partially 054-007 subject to section developed with a public walking trail and 7. I (b) as depicted in neighborhood park. Exhibit D-2
35 c. New Parcel C located on H Street between 6th and A portion of 025- Future Development 7th Street; currently zoned Rail Corridor (RC); 072-036 subject to section partially developed with a public walking trail and a 7.l(c) as depicted in park known as the Henry Miller Plaza. Exhibit D-3
d. 0.92 acres parcel located on 7111 and G Street; 025-114-011 Future Development currently zoned Rail Corridor (RC); undeveloped.
e. 1.1 acre parcel located on G Street between 9th 025-114-013 Future Development Street (future) and 10th Streets (future); currently
zqned Rail Corridor (RC); undeveloped.
f. 0.86 acre parcel located on lOtll Street (future) and 026-141-001 Future Development G Street; currently zoned Rail Corridor (RC);
undeveloped.
g. 0.18 acre parcel located on G Street and 9th Street 025-114-005 Future Development (future); currently zoned Rail Corridor (RC);
undeveloped.
h. 6200 sf right of way located on H Street and 9th 025-114-019 (a Future Development Street (future); currently zoned Rail Corridor (RC); portion of) undeveloped.
i. 2.02 acre parcel located on H Street between 4m 025-054-006 Future Development Street and 2nd Street; currently zoned Rail corridor
(RC); undeveloped.
j. 0.91 acre parcel located at 715 2n11 Street; 025-053-002 Future Develo ment currently zoned Open Space (OS); paved and
partially developed with a raised concrete loading
dock - former railroad siding.
k. 0.42 acre parcel located adjacent to 715 2n11 Street; 081-110-048 Future Development currently zoned Open Space (OS); paved and
partially developed with a raised concrete loading
dock - former railroad siding.

2. Downtown Prooertv
a. 0.13 acre parcel located at 644/646 I Street; 025-201-010 Future Development currently zoned Mixed (M-X); undeveloped.

3. Ward Road Pronerties
a. New Parcel B located on Gilbert Gonzalez Jr A portion of 083- Future Development Drive; currently zoned High Density Residential (R- 100-084 subject to Section 3); currently undeveloped. 7 .2(b) as depicted in
ExhibitD-4
36 Section 4. Effect of Amendments. Unless otherwise specifically amended herein, the terms of the Compensation Agreement shall remain unmodified and in full force and effect, and the Parties hereby ratify and affirm all of the terms and conditions of the Compensation Agreement as modified by this First Amendment. The Compensation Agreement, as modified by this First Amendment, contains the entire agreement between the Parties, and all prior agreements, presentations, understandings and writings concerning the subject matter are expressly superseded hereby and are of no force or effect whatsoever.

Section 5. Counterparts. This First Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement. The signature page of any counterpart may be detached therefrom without impairing the legal effect of the signature( s) thereon, provided such signature page is attached to any other counterpart identical thereto having additional signature pages executed by the other Parties. Any executed counterpart of this First Amendment may be delivered to the other Parties by facsimile and shall be deemed as binding as if an originally signed counterpart was delivered.

SIGNATURE PAGES FOLLOW:
37 IN WI1NESS WHEREOF, the Parties hereto have executed this Agreement as of the dates set forth in the opening paragraph of this Agreement.

CITY OF LOS BANOS
Dated: By:

Its:

APPROVED AS TO FORM:

By:

City Attorney
38 COUNTY OF MERCED
Dated: By:

Its:

APPROVED AS TO FORM:

By:

County Counsel
39 Dated:

MERCED COUNTY

OFFICE OF EDUCATION
By:

Its:
40 Dated:

MERCED COMMUNITY

COLLEGE DISTRICT
By:

Its:
41 Dated:

LOS BANOS UNIFIED SCHOOL

DISTRICT
By:

Its:
42 Dated:

MERCED COUNTY MOSQillTO

ABATEMENT DISTRICT
By:

Its:
43 LOS BANOS CEMETERY DISTRICT
Dated: By:

Its:
44 Dated:

CENTRAL CALIFORNIA

IRRIGATION DISTRICT
By:

Its:
45 THIS PAGE IS INTENTIONALLY LEFT BLANK
46 COMPENSATION AGREEMENT PURSUANT TO HEALTH AND
SAFETY CODE SECTION 34180(t)1 FOR LOS BANOS

SUCCESSOR AGENCY TRANSFER OF PROPERTIES TO CITY

OFLOSBANOSFORGOVERNMENTALUSEANDFUTURE

REDEVELOPMENTACTMTY
This Agreement, dated for reference purposes as of NW(Jflbe.c (Q_, 2020 is entered into by and among the City of Los Banos ("City") and the County of Merced, the Merced County Office of Education, the Merced Community College District, the Los Banos Unified School District, the Merced County Mosquito Abatement District, the Los Banos Cemetery District, and the Central California Irrigation District (collectively ''Parties" and "Trucing Entities"), on the basis of the following facts, understandings, and intentions of the Parties:

RECITALS
A. Pursuant to the Redevelopment Dissolution Statutes, the former City of Los Banos Redevelopment Agency ("Former RDA") was dissolved as of February 1, 2012, and the Los Banos Designated Local Authority, as Successor Agency to the Los Banos Redevelopment Agency ("Successor Agency") became responsible for paying its enforceable obligations, disposing ofits properties and other assets, and unwinding the affairs of the Former RDA.

C. The Successor Agency received a "'Finding of Completion" from the California Department of Finance (the "DOF") on April 29, 2014, confirming that the Successor Agency had made specified required payments under the Redevelopment Dissolution Statutes, and entitling the Successor Agency to prepare and submit a Long-Range Property Management Plan (the "LRPMP) to the Oversight Board to the Los Banos Designated Local Authority (the "Oversight Board") and the DOF for approval.

D. Pursuant to Health and Safety Code section 34191.5(b)1, successor agencies shall submit an oversight board approved LRPMP that addresses the disposition and use of the real properties of the former redevelopment agency to the California Department of Finance for approval no later than six months foil owing the issuance of a Finding of Completion.

E. The Successor Agency did not submit an Oversight Board approved LRPMP to the DOF for approval.

F. An Oversight Board approved LRPMP was not approved by DOF by December 31, 2015, the statutory deadline for approval of a LRPMP. Accordingly, on December 31, 2015, DOF notified the Successor Agency that it no longer had the ability to dispose of real property assets through the LRPMP process.
47 G. The Successor Agency, the Oversight Board, and DOF have approved transfer of each of the properties described herein to the City either for continued governmental use or for future development.

H. For properties to be transferred to the City for future development, DOF and Health & Safety Code Section Code 34180(t)2 requires execution of a compensation agreement among the City and the Taxing Entities providing for specified proceeds of the City's subsequent disposition of the properties to be distributed to the Taxing Entities in accordance with their proportional shares of the base property tax revenues.

I. The Parties desire to enter into this Agreement to provide for the execution of an appropriate compensation agreement in accordance with Health and Safety Code Section 34180(f)2.

NOW, THEREFORE, the Parties agree as follows:

Section 1. Purpose. This Agreement is executed with reference to the facts set forth in the foregoing Recitals which are incorporated into this Agreement by this reference. The purpose of this Agreement is to address the allocation of certain prospective revenues among the Taxing Entities that share in the property tax base (the "Tax Base") for property located within the Redevelopment Project Areas (the "Project Areas") formerly administered by the Fonner RDA and designated for governmental use and future development Section 2. Definitions. The following definitions shall apply in this Agreement:
(a) "Agreement" means this Compensation Agreement Pursuant To Health and Safety Code Section 34180(t)4 Regarding Los Banos Successor Agency Transfer of Properties to City of Los Banos For Governmental Use and Future Redevelopment Activity, as may be amended from time to time.
(b) "Applicable Fiscal Year" means each Fiscal Year of the City in which the City receives Interim Municipal Use Annual Operating Proceeds from an Interim Municipal Use of one or more of the future development Properties, as more fully described in Section 9. ( c) "Auditor-Controller'' means the Merced County Auditor- Controller. ( d) "DOA" means, with respect to each applicable Property, the disposition and development agreement between the City and a Developer for that Property. ( e) "Disposition Proceeds Receipt Date" means, if applicable, with respect to any Property, the date on which the City receives the proceeds from the disposition of that Property to a Developer pursuant to a DOA.
(t) "Effective Date" has the meaning given in Section 3. 48 (g) "Fiscal Year" means the fiscal year of the City in effect from time to time.

The current Fiscal Year period of the City commences on July 1 of each calendar year and ends on the following June 30.
(h) "Interim Municipal Use" means an interim use by the City of a Property, for municipal uses including but not limited to pocket parks, landscape features, bus shelters, parking lots available for community events, and other similar uses. (i) "Interim Municipal Use Annual Operating Proceeds" means, for each Applicable Fiscal Year, the gross revenue actually received by the City from Interim Municipal Use of the Properties, as documented in reasonable detail in the Operating Proceeds Statement for the Applicable Fiscal Year.
(j) "Properties" mean collectively, the parcels identified in Exhibit A-1 and Exhibit A-2 that are subject to the terms of this Agreement. Each of the above Properties is referred to individually as a "Property".
(k:) "Redevelopment Dissolution Statutes" means collectively ABxl 26 enacted on June 28, 2011, as amended to date.
(1) "Redevelopment Plans" means the Redevelopment Plan adopted by the Los Banos City Council by Ordinance No. 900 on July 17, 1996, providing the framework to implement redevelopment activities in the Project Area and the subsequent Implementation Plans adopted in connection with the Redevelopment Plan (all of the foregoing, collectively the "Plans"). The most recent Five Year Implementation Plan was adopted on October 21, 2009 by City Council Resolution No. 5185 and Redevelopment resolution No. 2009-12. (m) "Taxing Entities" means, collectively, the following entities that comprise affected taxing entities for purposes of the Redevelopment Dissolution Statutes: the County of Merced, the Merced County Office of Education, the Merced Community College District, the Los Banos Unified School District, the Merced County Mosquito Abatement District, the Los Banos Cemetery District, the Central California Irrigation District, and such other entities as may be identified as of the date hereof by the County of Merced in accordance with Health & Safety Code Section 34188 ..

Section 3. Effectiveness of Agreement. This Agreement shall become effective only upon satisfaction of the following conditions:
(a) Approval of this Agreement by the City and direction by the City Council to execute and implement this Agreement pursuant to Health and Safety Code Section 34180(t)2; (b) Approval by the Oversight Board of transfer of the Properties to the City for governmental use and future development upon execution of this Agreement (satisfied as of the date of this Agreement); and
I
I
49 (c) Signature of this Agreement by each of the parties hereto. Promptly following the effectiveness of this Agreement, the City and the Successor Agency shall transmit notice to all the other Parties that the Agreement is effective and specifying the date the Agreement became effective (the "Effective Date").

Section 4. Sic.natories With Respect To Certain Funds. The governing boards of certain of the Trucing Entities .administer certain special districts and funds that receive allocations of property taxes from the Tax Base, and represent that they are authorized to execute this Agreement on behalf of such special districts and funds as identified in Exhibit B.

Section 5. Properties to be Conveyed to City for Governmental Use. Promptly following the later to occur, the Effective Date or such date as remediation of the Property, if any, is completed to the satisfaction of the City, five (5) parcels (APN 026-171-011, 025-114- 010, 026-161-001, 026-141-002, and 083-100-067) formerly owned by the Former RDA shall be conveyed by the Successor Agency to the City for continued governmental uses ("Governmental Use Properties"). No compensation will be paid to the City or to the Taxing Entities in connection with the foregoing transfers. In accordance with Health and Safety Code section 34181(a)(l)3 the Governmental Use Properties described herein and their uses as a Rail Trail/Park and their transfer to the City was approved by the OOF on June 21, 2018. The Successor Agency shall convey the Governmental Use Properties by grant deed in a form reasonably acceptable to the Successor Agency and the City. However, should the City within twenty (20) years from the Effective Date sell a Governmental Use Property for a nongovernmental use, the provisions set forth in Sections 7 and 8 below shall apply to any such sale.

After said twenty (20) year period, City may sell or use said Properties for any lawful purpose free and clear from all conditions set forth in this Agreement.

Section 6. Properties to be Conveved to City for Future Development. Promptly following the later to occur, the Effective Date or such date as remediation of the Property, if any, is completed to the satisfaction of the City, and in consideration for the distributions to the Taxing Entities by the City through the Auditor Controller as set forth in Sections 7 through 8 herein, eleven (11) parcels (APN 025-054-005*, 025-054-007*, 025-072•036*, 025•114-011, 025-114•013, 026-141-001, 025-114-005, 025-114-019 025-201-010, 083-100-084*, 083-100- 081 *) formerly owned by the Former RDA shall be conveyed by the Successor Agency to the City for future development ("Future Development Properties"). Except as otherwise set forth herein and subject to the special terms and conditions set forth in Sections 7.l(a)-(c) and 7.2(a) and (b) herein, applicable to APN 025-054-005, 025-054-007, 025-072-036, 083-100-084, and 083-100-081, the City shall retain the Future Development Properties for future development in accordance with this Agreement, the applicable Redevelopment Plans, and the Los Banos General Plan. The Successor Agency shall convey the Properties by grant deed in a form reasonably acceptable to the Successor Agency and the City.

Section 7. Disposition of Future Development Properties By Citv. Within a time frame determined by the City to yield a :financially feasible and marketable development, the City shall use diligent good faith efforts to select a Developer for each future development Property, negotiate and obtain approval and execution of a ODA for each future development Property, and dispose of each future development Property to the Developer in accordance with 50 the applicable DOA City shall remit the Disposition Proceeds for distribution through the Auditor-Controller to the Taxing Entities pursuant to Section 8. Each DDA shall enable development of each future development Property in accordance with the Redevelopment Plans.

The Parties acknowledge that City is obligated to convey the future development Properties for development consistent with the Redevelopment Plans. The Parties further acknowledge that consistent with California Government Code Section 52200, et seq., prior to the disposition of a future development Property or any part thereof, the City may be obligated to hold a noticed public hearing and prepare a report that includes, among other things (i) an explanation of why the disposition will assist in the creation of an economic opportunity, with reference to all supporting facts and materials relied upon in making this explanation and (ii) an explanation of the difference between the highest and best use value and the disposition price taking into consideration development constraints and requirements, and the covenants, conditions and development costs required by the sale or lease. The Parties agree that the sale of the future development Properties pursuant to the Redevelopment Plan for development will benefit each of the Taxing Entities in the form of increased property tax revenue and other revenue generated by successful development and other social and economic benefits.

By not later than the date of first published notice of the City Council public hearing for consideration of the disposition of the future development Property, the City shall provide each Taxing Entity with a copy of the Public Hearing Notice including the date, time and location of the public hearing and the location at which the proposed disposition documents including, if applicable, a report pursuant to Government Code 52201, may be inspected and copied.

Upon the execution of the DDA for each future development Property, the City shall transmit a copy of the executed DOA to the other Parties.

Section 7.1 Special Terms and Conditions for disposition of Three Rail Trail Properties CAPN 025-054-005; APN 025-054-007: and APN 025-072-036). (a) APN 025-054-005; a 3.2 acre parcel located between 2nd Street and 4th Streets and between G Street and H Street; currently zoned Rail Corridor (RC); partially developed with a public walking trail and neighborhood park.

In regard to this property, upon which the public walking trail is located, the City will subdivide the Property by Deed and create two parcels as depicted in Exhibit D-1. New Parcel A shall be retained by the City for governmental use (walking trail and neighborhood park). No compensation will be paid to the City or to the Taxing Entities in connection with the foregoing disposition of New Parcel A. New Parcel B shall be retained by the City for future development in accordance with the terms of this Agreement. However, should the City within twenty (20) years from the Effective Date sell New Parcel A for a non~governmental use, the provisions set forth in Sections 7 and 8 herein shall apply to any such sale. After said twenty (20) year period, City may sell or use said New Parcel A for any lawful purpose free and clear from all conditions set forth in this Agreement.
51 (b) APN 025-054-007; a 1.15 acre parcel located on 2nd and G Street; currently zoned Rail Corridor (RC); partially developed with a public walking trail and neighborhood park.

In regard to this property, upon which the public walking trail is located, the City will subdivide the Property by Deed and create two parcels as depicted in Exhibit D-2. New Parcel A shall be retained by the City for governmental use ( walking trail and neighborhood park). No compensation will be paid to the City or to the Taxing Entities in connection with the foregoing disposition of New Parcel A. New Parcel B shall be retained by the City for future development in accordance with the terms of this Agreement. However, should the City within twenty (20) years :from the Effective Date sell New Parcel A for a non-governmental use, the provisions set forth in Sections 7 and 8 herein shall apply to any such sale. After said twenty (20) year period, City may sell or use said New Parcel A for any lawful purpose free and clear from all conditions set forth in this Agreement.
(c) APN 025-072-036; a 7.85 acre parcel located on H Street between 6th and 7th Street; currently zoned Rail Corridor (RC); partially developed with a public walking trail and a park known as the Henry Miller Plaza.

In regard to this property, upon which the public walking trail and the City's Henry Miller Plaz.a facilities are located, the City contributed $726,376.00 from the City Park fund and $222,809.66 from the City General fund for development of these facilities. In consideration of the foregoing, the City will subdivide the Property by deed and create three parcels as depicted in Exhibit D-3. New Parcels A and B shall be retained by the City for governmental use (walking trail and Henry Miller Plaza). No compensation will be paid to the City or to the Taxing Entities in connection with the foregoing disposition of New Parcels A and B. New Parcel C shall be retained by the City for future development in accordance with the terms of this Agreement. However, should the City within twenty (20) years from the Effective Date sell New Parcels A and B for a non-governmental use, the provisions set forth in Sections 7 and 8 herein shall apply to any such sale. After said twenty (20) year period, City may sell or use said New Parcels· A and B for any lawful purpose free and clear from all conditions set forth in this Agreement.

Section 7.2 Special Terms and Conditions for Disposition of Two Ward Road Properties (APN 083-100-081 and APN 083-100-084).

The parties acknowledge and agree to the following:

The Ward Road Property was originally acquired in 2002. The original acquisition was a total of 31.37 acres for a total purchase price of$1,096,537. The City of Los Banos contributed $636,000.00 or 58% towards the purchase price from City Water Enterprise Funds. The balance of the purchase price in the amount of $460,537.00 or 42% was contributed by the Former RDA from Low and Moderate Income Housing Funds. 52 The property was subsequently subdivided into four parcels: APN 083-100-081 -

11.79 acres; APN 083-100-082- 6.2 acres; APN 083-100-083- 5.17 acres; and APN 083-100- 084-8.21 acres.

The Former RDA developed APN 083-100-82 - 6.2 acres and 083-100-083 - 5 .17 acres into Low and Moderate Income Housing which are the current site of the Ward Road Apartment Complex. The two properties have been transferred to the Merced County Housing Authority and represent 36.3% of the total original purchased property.

One of the remaining parcels, APN 083-100-081 - 11. 79 acres, is the site of the City of Los Banos Water Tank and Storm Drainage Facilities and the City's future corporation yard. The City of Los Banos spent $3,305,475.67 for construction of the City Water Tank on a portion of the Property. The property represents 37.6% of the total original purchased property.

The final remaining parcel, APN 083-100-084 - 8.21 acres, is currently undeveloped vacant land. That property represents 26.1 % of the total original purchased property.

In consideration of the foregoing, including the funds for the purchase of the property (City water enterprise funds and RDA low and moderate income housing funds) and the development of 11.37 acres for low and moderate income housing transferred to the Merced County Housing Authority:
(a) APN 083-100-081; an 11.79 acre parcel located on Ward Road and Gilbert Gonzalez Jr Drive; currently zoned Public Facility (P-F) and Neighborhood Commercial (C-N); partially developed with a public water storage tank facility and storm drainage system Parcel C shall be retained by the City for governmental use, as depicted in Exhibit D-4. No compensation will be paid to the City or to the Taxing Entities in connection with the foregoing disposition.

However, should the City within twenty (20) years from the Effective Date sell this Property for a non-governmental use, the provisions set forth in Sections 7 and 8 herein shall apply to any such sale. After said twenty (20) year period, City may sell or use said Property for any lawful purpose free and clear from all conditions set forth in this Agreement. (h) APN 083-100-084; an 8.21 acre parcel located on Gilbert Gonzalez Jr Drive; currently zoned High Density Residential (R-3); currently undeveloped. The City will subdivide the Property by deed and create two parcels as depicted in Exhibit D--4. New Parcel A (6.4 acres) shall be retained by the City for governmental use. No compensation will be paid to the City or to the Taxing Entities in connection with the foregoing disposition of New Parcel A.

New Parcel B (1.81 acres) shall be retained by the City for future development in accordance with the terms of this Agreement. However, should the City within twenty (20) years from the Effective Date sell New Parcel A for a non-governmental use, the provisions set forth in Sections 7 and 8 herein shall apply to any such sale. After said twenty (20) year period, City may sell or use said New Parcel A for any lawful purpose free and clear from all conditions set forth in this Agreement
53 Section 8. Com ensation To Taxing Entities Related To Dis osition Proceeds. (a) Distribution of Disposition Proceeds. Within fifteen (15) days after the Disposition Proceeds Receipt Date with respect to any Property, the City shall remit the Disposition Proceeds for that Property to the Auditor-Controller for subsequent distribution by the Auditor-Controller among the Trucing Entities in proportion to their shares of the base property tax (the "Applicable Shares'/, as detennined by the Auditor- Controller pursuant to Health and Safety Code Section 34188 . The attached Exhibit B shows, for illustrative purposes only, the Applicable Shares of the Tmcing Entities that would have applied to a distribution under this Section 8 bad the distribution been made on the Effective Date of this Agreement as provided by the Auditor-Controller. The Parties acknowledge that the City is a Taxing Entity for purposes of receiving funds pursuant to this Agreement. (b) For purposes of this Agreement, "Disposition Proceeds" means, with respect to any Property, the gross purchase price and other compensation, if any, actually received by the City from a Developer in consideration for the disposition of the Property pursuant to a DOA, less the sum of the City's actual costs for the following items (but only to the extent paid from City funds and not from funds provided by the Successor Agency, a Developer, or another separate entity), each to be documented in reasonable detail in the Disposition Proceeds Statement ( as hereinafter defined) for the Property:
(1) the City's actual, reasonable costs for normal maintenance, including applicable lighting and landscaping district assessments, management and insurance of the applicable Property from the date the Property is transferred by the Successor Agency to the City pursuant to Section 6 to the date the Property is disposed of by the City to the Developer pursuant to the ODA; plus
(2) the City's actual costs of any capital improvements or repairs to maintain the Property in a safe and lawful condition incurred from the date the Property is transferred by the Successor Agency to the City pursuant to Section 6 to the date the Property is disposed of by the City to the Developer pursuant to the DDA; plus (3) the City's actual costs of site preparation, including hazardous materials remediation and pollution legal liability insurance premiums, if any, required to be paid by the City wider the DDA for the applicable Property to prepare the Property for disposition; plus
(4) the City's actual, reasonable costs to pay third party vendors for appraisal, legal, real estate consultant and marketing, title company, title insurance and other costs related to Developer selection, DOA preparation and approval, and closing costs for disposition of the Property; plus
(5)
DDA for the Property.
any broker's commissions payable by the City pursuant to the 54 (c) Accountinl! Requirements. At the time of each distribution pursuant to subsection (a), the City shall provide to the Taxing Entities and the Auditor- Controller a statement prepared in accordance with s0W1d accollllting practice that provides the City's calculation of the Disposition Proceeds (the "Disposition Proceeds Statement"). The City shall keep complete, accurate and appropriate books and records of its calculation of the Disposition Proceeds with respect to each distribution. The Auditor- Controller shall have the right, on behalf of the Taxµig Entities and upon reasonable written notice to City, to audit and examine such books, records and documents and other relevant items in the possession of City, but only to the extent necessary for a proper determination of Disposition Proceeds.

Section 9. Com ensation To Taxin Entities Related To Interim Munici al Use Annual Operatinu Proceeds.
(a) Ap_plicability. The provisions of this Section 9 shall apply for each Fiscal Year in which one or more of the future development Properties is used for an Interim Municipal Use and generates Interim Municipal Use Annual Operating Proceeds to the City (each, an "Applicable Fiscal Year''). Nothing in this Agreement shall obligate the City to charge any fees or other amounts or to collect any revenues with respect to an Interim Municipal Use of any of the future development Properties.
(b) Distribution of Interim Municipal Use Annual Operating Proceeds. Within ninety (90) days after the end of each Applicable Fiscal Year, the City shall remit the Interim Municipal Use Annual Operating Proceeds for that Applicable Fiscal Year to the AuditorController for subsequent distribution by the Auditor-Controller among the Taxing Entities in proportion to their Applicable Shares, as determined by the Auditor- Controller pursuant to Health and Safety Code Section 341884
• The attached Exhibit B shows, for illustrative purposes only, the Applicable Shares of the Taxing Entities that would have applied to a distribution under this Section 9 had the distribution been made on the effective Date of this Agreement, as provided by the Auditor-Controller. The Parties acknowledge that the City is a Taxing Entity for purposes of receiving fim.ds pursuant to this Agreement. ( c) Accountinu. Requirements. At the time of each distribution pursuant to subsection (a), the City shall provide to the Taxing Entities and the Auditor- Controller a statement prepared in accordance with SOlllld accounting practice that provides the City's calculation of the Interim Municipal Use Annual Operating Proceeds (the "Operating Proceeds Statement"). The City shall keep complete, accurate and appropriate books and records of its calculation of the Interim Municipal Use Annual Operating Proceeds with respect to each distribution. The Auditor-Controller shall have the right, on behalf of the Taxing Entities and upon reasonable written notice to City, to audit and examine such books, records and documents and other relevant items in the possession of City, but only to the extent necessary for a proper determination of the Interim Municipal Use Annual Operating Proceeds. 55 Section 10. Term of Agreement: Earh Termination.
(a) Term. The term of this Agreement shall commence on the Effective Date and, unless sooner terminated as otherwise provided in this Agreement, shall expire upon the distribution by the City of all amounts owed to the Trucing Entities under this Agreement. (b) Earh Termination. Notwithstanding any other provision of this Agreement, a Party may terminate this Agreement upon written notice to the other Parties if a court order, legislation, or DOF policy reverses DOF's directive regarding the need for this Agreement and the payment of compensation by the City pursuant to Health and Safety Code Section 34180(f)2 (an "Early Termination''). An Early Termination shall become effective five (5) days after the terminating Party delivers the required notice to the other Parties in accordance with Section 1 l(a). Upon effectiveness of an Early Termination, no Party shall have any further rights or obligations under this Agreement, and the City may retain the Disposition Proceeds from the disposition of any Property for which the City bas not yet received the Disposition Proceeds as of the effective date of the Early Termination, and may retain any Interim Municipal Use Annual Operating Proceeds for which the City was not required to make the distribution to the Trucing Entities as of the effective date of the Early Termination; provided, however, that the City shall have no right to recover any Disposition Proceeds or any Interim Municipal Use Annual Operating Proceeds from any Tmdng Entity that were distributed by the City prior to the effective date of the Early Termination.

Section 11. Miscellaneous Provisions.
(a) Notices. All notices, statements, or other communications made pursuant to this Agreement to another Party or Parties shall be in writing, and shall be served: (1) by personal delivery, in which case notice is effective upon delivery; (2) by certified or registered mail, return receipt requested, in which case notice shall be deemed delivered on receipt if delivery is confirmed by a return receipt; or (3) by nationally recognized overnight courier, with charges prepaid or charged to the sender's account, in which case notice is effective on delivery if delivery is confirmed by the delivery service; and addressed to the applicable Party in the manner specified in the attached Exhibit C. Any Party may change its address for notice purposes by written notice to the other Parties prepared and delivered in accordance with the provisions of this Section l l(a).
(b) No Third Partv Beneficiaries. No person or entity other than the Parties and their permitted successors and assigns, shall have any right of action under this Agreement. (c) Litiuation Regarding Agreement. In the event litigation is initiated attacking the validity of this Agreement, each Party shall in good faith defend and seek to uphold the Agreement.
( d) State Law: Venue. This Agreement, and the rights and obligations of the Parties hereto, shall be construed and enforced in accordance with the laws of the State of California. Any action to enforce or interpret this Agreement shall be filed and heard in the 56 Superior Court of Merced County, California or in the Federal District Court for the Eastern District of California.
(e) Attomevs' Fees . In any action which a Party brings to enforce its rights hereunder, the unsuccessful Party or Parties shall pay all costs incurred by the prevailing party, including reasonable attorneys' fees.
(f) Entire Agreement. This Agreement constitutes the entire and integrated agreement of the Parties and supersedes all prior negotiations, representations, or agreements, either written or oral.
(g) Counterparts. 1bis Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement. The signature page of any counterpart may be detached therefrom without impairing the legal effect of the signature( s) thereon, provided such signature page is attached to any other counterpart identical thereto having additional signature pages executed by the other Parties. Any executed counterpart of this Agreement may be delivered to the other Parties by facsimile and shall be deemed as binding as if an originally signed counterpart was delivered. (h) Non-Waiver. No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement will be effective unless it is in writing and signed by the waiving Parties.
(i) No Partnership. Nothing contained in this Agreement shall be construed to constitute any Party as a partner, employee, joint venturer, or agent of any other Party. (j) Ambiguities. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party does not apply in interpreting this Agreement. reference:
(k) Exhibits. The following exhibits are incorporated in this Agreement by Exhibit A 1: Governmental Use Parcels
Exhibit A 2: Future Development Parcels
Exhibit B: Trucing Entities Applicable Shares of Property Truces Exhibit C: List of Addresses for Notice Purposes
Exhibit D-1: Map
Exhibit D-2: Map
Exhibit D-3: Map
57 Exhibit D-4: Map

0.) Severabilitv. If any t~ provision, or condition of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect unless an essential purpose of this Agreement is defeated by such invalidity or unenforceability.
(m) Action or Approval. Whenever action and/or approval by the City is required under this Agreement, the City Manager or his or her designee may act on and/or approve such matter unless specifically provided otherwise, or unless the City Manager determines in his or her discretion that such action or approval requires referral to the City Council for consideration.

SIGNATURE PAGES FOLLOW:
58 IN WTINESS WHEREOF, the Parties hereto have executed this Agreement as of the dates set forth in the opening paragraph of this Agreement.

Dated: I t/~f zozo
APPROVED AS TO FORM:

CITY~ NOS
By: (~·--=====--
Its: C, 1
7 J"'\~"J <:'"1---
59 Dated:

APPROVED AS TO FORM:

SEP 2 9 2029
By:

County Counsel
60 MERCED COUNTY

OFFICE OF EDUCATION
By: V--''------~- --,:..+--
Its:
61 Dated:

MERCED COMMUNITY

COLLEGE DISTRICT
62 Dated:

LOS BANOS UNIFIED SCHOOL

DISTRICT
By:

Its: -1-
63 •

MERCED COUNTY MOSQUITO
Dated: t \ }\ ~ °')
:~s;?
~~
64 LOS BANOS CEMETERY DISTRICT
Dated: ~ / J:jJ / ·1-0 Z0 By: -tl\ 1 .f\f J
rts: 7 Ast , c-1 fY)tu,c1~
1u~
65 Dated: ~ zq, Z/}2D

CENTRAL CALIFORNIA

IRRIGATION DISTRICT
..
66 EXIDBITA-1

GOVERNMENTAL USE PARCELS

DESCRIPTION/LOCATION DISPOSITION
f 1. Rail Trail Properties
Abandoned rail corridor from purchased from
Union Pacific Railroad in 2001.
a. 1.3 acre parcel located between Mercey 026-171-011 · Governmental Use I Springs Road and the future 10th Street
extension; currently zoned Rail Corridor
(RC); partially developed with a public
walking trail and neighborhood park.
b. 2.20 acre parcel located between Mercey 026-161-001 Governmental Use Springs Road and the future 10th Street
1 extension; currently zoned Rail Corridor
(RC); partially developed with a public
walking trail and neighborhood park.
c .. 68 acre parcel located between Mercey 026-141-002 Governmental Use Springs Road and the future I 0th Street
extension; currently zoned Rail Corridor
I (RC); partially developed with a public
walking trail and neighborhood park. 1 d. 5.63 acre parcel located between the future 025-114-010 Governmental Use I 0th Street extension and 7th Street currently
zoned Rail Corridor (RC); partially developed
with a public walking trail and neighborhood
park.
e. 6.5 acre parcel located between Ward Road 083-100-067 Governmental Use and Place Road currently zoned Rail Corridor
, (RC); developed with a public walking trail.
f. New Parcel A located between 2°u Street A portion of Designated for and 4th Streets and between G Street and H 025-054-005 Governmental Use Street; currently zoned Rail Corridor (RC); per Section 7.l(a) developed with a public walking trail and as depicted in neighborhood park. ExhibitD-1
I g. New Parcel A located on zno and G Street; A portion of Designated for cmrently zoned Rail Corridor (RC); 025-054-007 Governmental Use developed with a public walking trail and per Section 7.l(b) neighborhood park. as depicted in
I j Exhibit D-2
67 h. New Parcel A located on H Street between 1 A portion of Designated for I 6th and t 11 Street; currently zoned Rail 025-072-036 Governmental Use Corridor (RC); developed with a public per Section 7.l(c) walking trail. as depicted in
Exln"bit D-3
i. New Parcel B located on H Street between A portion of Designated for 16th and 7tli Street; currently zoned Rail 025-072-036 Governmental Use Corridor (RC); developed with a public park per Section 7.l(c) known as the Henry Miller Plaza. as depicted in
ExhibitD-3 ,--

2. Ward Road Prooerties
a. 11. 79 acre parcel located on Ward Road 083-100-081 Designated for 1 and Gilbert Gonzalez Jr Drive; currently Governmental Use zoned Public Facility (P-F) and Neighborhood per Section 7.2(a) Commercial (C-N); partially developed with a as Depicted in public water storage tank facility and storm Exhibit D-4 as drainage system. Parcel C
b. New Parcel A located on Gilbert GoMalez A portion of Designated for Jr Drive; currently zoned High Density 083-100-084 Governmental Use Residential (R-3); currently undeveloped. per Section 7.2(b) as depicted in
ExhibitD-4
68 EXIIlBITA-2

FUTURE DEVELOPMENT PARCELS

DESCRIPTION/LOCATION APN DISPOSITION

1. Rail Trail Properties
Abandoned rail corridor purchased from
Union Pacific Railroad in 2001.
a. New Parcel B located between 2nd Street A portion of Future and 4th Streets and between G Street and H 025-054-005 Development Street; currently zoned Rail Corridor (RC); subject to Section partially developed with a public walking trail 7.l(a) as depicted and neighborhood park. in Exhibit D-1
b. New Parcel B located on 2n
11 and G Street; A portion of Future
currently zoned Rail Corridor (RC); partially 025-054-007 Development developed with a public walking trail and subject to section neighborhood park. 7 .1 (b) as depicted
in Exhibit D-2
' c. New Parcel C located on H Street between A portion of Future 6th and 7th Street; currently zoned Rail 025-072-036 Development Corridor (RC); partially developed with a subject to section public walking trail and a park known as the 7.l(c) as depicted Henry Miller Plaza. in Exhibit D-3
d. 0.92 acres parcel located on 7111 and G 025-114-011 Future Street; currently zoned Rail Corridor (RC); Development undeveloped.
e. 1.1 acre parcel located on G Street between 025-114-013 Future 9th Street (future) and 10th Streets (future); Development currently zoned Rail Corridor (RC);
undeveloped.
f 0.86 acre parcel located on 101
" Street 026-141-001 Future
(future) and G Street; currently zoned Rail Development , Corridor (RC); undeveloped.
g. 0.18 acre parcel located on G Street and 9111 025-114-005 Future Street (future); currently zoned Rail Corridor Development (RC); undevelooed.
/ h. 6200 sf right of way located on H Street 025-114-019 (a Future and 9th Street (future); currently zoned Rail portion of) Development 1 Corridor (RC); undeveloped.
' 2. Downtown Prooem ·
a. 0.13 acre parcel located at 644/646 I Street; 025-201-010 Future currently zoned Mixed (M-X); undeveloped. Development
69 - I
i 3. Ward Road Pronerties
a. New Parcel B located on Gilbert Gonzalez A portion of Future Jr Drive; currently zoned High Density 083-100-084 Development Residential (R-3); currently undeveloped. subject to Section

7.2(b) as depicted
in Exhibit D-4 I
70 EXHIBITB

TAXING ENTITIES APPLICABLE SHARES OF
PROPERTY TAXES [ILLUSTRATIVE)
Taxina: Entity/Fund Property Tax Share
County of Merced
a) Merced County General Fund
b) Merced County Fire Fund
City of Los Banos
Los Banos Unified School District
Merced Community College District
Merced County Office of Education
a) School Equalization
b) School Service
c) School Capital Outlay
d) Regional Occupation Program
Merced CountyMosquito Abatement District
Los Banos Cemetery District
Central California Irrigation District
TOTAL

0.324876

0.083142

0.187598

0.289937

0.050366

0.014176

0.028403

0.003494

0.002146

0.012004

0.003594

0.000264

1.000000
71 THIS PAGE IS INTENTIONALLY LEFT BLANK
72 Count, of Merced:

County of Merced
2222 M Street
Merced, CA 95340
Attention: James Brown
Citv of Los Banos:

City of Los Banos
520 J Street
Los Banos. CA 93635
Attention; Alex Terrazas

EXIDBITC

ADDRESSES FOR NOTICES
Los Banos Unified School District
Los Banos Unified School District
1717 S. 11 th Street
Los Banos. CA 93635
Attention: Dr. Mark Marshall
Merced Count) Office of Education:

Merced County Office of Education
632 W. 13th Street
Merced, CA 95341
Attention: Steve Tietjen
Merced Comm.unit Collel!e District:

Merced Community College District
3600 M Street
Merced, CA 95348
Attention: Chris Vitelli
Merced County Mosquito Abatement District:

Merced County Mosquito Abatement District
3478 Beachwood Drive
Merced, CA 95348
Attention: Rhiannon Jones
73 Los Banos Cemeten District:

Los Banos Cemetery District
16575 S. Center Avenue
Los Banos, CA 93635
Attention: Brenda Scott
Central California Irrigation District:

Central California Irrigation District
1335 West I Street
P.O. Box 1231
Los Banos, CA 93635
Attention: Jarrett Martin
74 EXHIBITD-1
MAP
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76 EXHIBIT 1)..2
MAP
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78 EXIIlBIT D-3
MAP
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, B - Proposed Government Use
(... C - Proposed Future Development
,, .. .
80 EXHIBITD-4
MAP
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083-100-084
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B - Proposed Future Development
C - Proposed Government Use
q
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82 FOOTNOTES
1 H&S 34191.5
(b) The successor agency shall prepare a long-range property management plan that addresses the disposition and use of the real properties of the former redevelopment agency. If the former redevelopment agency did not have real properties, the successor agency shall prepare a longrange property management plan certifying that the successor agency does not have real properties of the former redevelopment agency for disposition or use. The plan shall be submitted to the oversight board and the Department of Finance for approval no later than six months following the issuance to the successor agency of the finding of completion. 2 H&S 34180
(f) (1) If a city. county, or city and county wishes to retain any properties or other assets for future redevelopment activities, funded from its own funds and under its own auspices, it must reach a compensation agreement with the other trucing entities to provide payments to them in proportion to their shares of the base property tax, as detemrined pursuant to Section 34188, for thevalueofthepropertyretained.
(2) If no other agreement is reached on valuation of the retained assets, the value will be the fair market value as of the 2011 property tax lien date as detennined by an independent appraiser approved by the oversight board.
3 H&S 34181 The oversight board shall direct the successor agency to do all of the following:
( a) (l) Dispose of all assets and properties of the former redevelopment agency; provided. however, that the oversight board may instead direct the successor agency to transfer ownership of those assets that were constructed and used for a governmental purpose, such as roads, school buildings, parks, police and fire stations, libraries, parking facilities and lots dedicated solely to public parking, and local agency administrative buildings, to the appropriate public jurisdiction pursuant to any existing agreements relating to the construction or use of such an asset. Any compensation to be provided to the successor agency for the transfer of the asset shall be governed by the agreements relating to the construction or use of that asset. Disposal shall be done expeditiously and in a manner aimed at maximizing value. Asset disposition may be accomplished by a distribution of income to taxing entities proportionate to their property tax share from one or more properties that may be transferred to a public or private agency for management pursuant to the direction of the oversight board. 4 H&S 34188.

For all distributions of property tax revenues and other moneys pursuant to this part, the distribution to each taxing entity shall be in an amount proportionate to its share of property tax revenues in the tax rate area in that fiscal year, as follows:
(a)(l) For distributions from the Redevelopment Property Tax Trust Fund, the share of each taxing entity shall be applied to the amount of property tax available in the Redevelopment Property Tax Trust Fund after deducting the amount of any distributions under paragraphs (2) and (3) of subdivision (a) of Section 34183.
(2) For each taxing entity that receives passthrough payments. that agency shall receive the amount of any passthrough payments identified under paragraph (1) of subdivision ( a) of Section 34183, in an amount not to exceed the amount that it would receive pursuant to this section in the 83 absence of the passthrough agreement. However, to the extent that the passthrough payments received by the taxing entity are less than the amount that the trucing entity would receive pursuant to this section in the absence of a passthrough agreement, the taxing entity shall receive an additional payment that is equivalent to the difference between those amounts. (b) Property tax shares of local agencies shall be determined based on property tax allocation laws in effect on the date of distribution, without the revenue exchange amounts allocated pursuant to Section 97.68 of the Revenue and Taxation Code, and without the property taxes allocated pursuant to Section 97.70 of the Revenue and Taxation Code. ( c) The total school share, including passthroughs, shall be the share of the property taxes that would have been received by school entities, as defined in subdivision (f) of Section 95 of the Revenue and Taxation Code, in the jurisdictional territory of the former redevelopment agency, including, but not limited to, the amounts specified in Sections 97.68 and 97.70 of the Revenue and Taxation Code.
( d) This section shall not be construed to increase any allocations of excess, additional, or remaining funds that would otherwise have been allocated to cities, counties, cities and counties, or special districts pursuant to clause (i) of subparagraph (B) of paragraph ( 4) of subdivision ( d) of Section 97.2, clause (i) of subparagraph (B) of paragraph (4) of subdivision (d) of Section

97.3, or Article 4 (commencing with Section 98) of Chapter 6 of Part 0.5 of Division 1, of the Revenue and Taxation Code, had this section not been enacted. 5 H&S 52201.
( a)(l )A city, county, or city and county may acquire property in furtherance of the creation of an economic opportunity. A city, county, or city and county may sell or lease property to create an economic opportunity. The acquisition, sale, or lease shall first be approved by the legislative body by resolution after a public hearing. Notice of the time and place of the hearing shall be published in a newspaper of general circulation in the community at least once per week for at least two successive weeks, as specified in Section 6066, prior to the hearing. (2) The city, county, or city and county shall make available, for public inspection and copying at a cost not to exceed the cost of duplication, a report no later than the time of publication of the first notice of the hearing mandated by this section. This report shall contain both of the following:
(A) A copy of the proposed acquisition, sale, or lease. (B) A summary that describes and specifies all of the following:
(i) The cost of the agreement to the city, county, or city and county, including land acquisition costs, clearance costs, relocation costs, the costs of any improvements to be provided by the city, county, or city and county, plus the expected interest on any loans or bonds to finance the agreements.
(ii) For the sale or lease of property, the estimated value of the interest to be conveyed or leased, determined at the highest and best uses permitted under the general plan or zoning. (iii) For the sale or lease of property, the estimated value of the interest to be conveyed or leased, determined at the use and with the conditions, covenants, and development costs required by the sale or lease. The purchase price or present value of the lease payments which the lessor will be required to make during the term of the lease. If the sale price or total rental amount is less than the fair market value of the interest to be conveyed or leased, determined at the highest and best use, then the city, county, or city and county shall provide as part of the summary an explanation of the reasons for the difference.
84 (iv) An explanation of why the acquisition. sale, or lease of the property will assist in the creation of economic opportunity, with reference to all supporting facts and materials relied upon in making this explanation.
(b) The resolution approving the acquisition, sale, or lease shall be adopted by a majority vote unless the legislative body has provided by ordinance for a two-thirds vote for that purpose and shall contain a finding that the acquisition, sale, or lease of the property will assist in the creation of economic opportunity. For the sale or lease of property, the resolution shall also contain one of the following findings:
(1) The consideration is not less than the fair market value at its highest and best use. (2) The consideration is not less than the fair reuse value at the use and with the covenants and conditions and development costs authorized by the sale or lease. ( c) The provisions of this section are an alternative to any other authority granted by law to cities to dispose of city-owned property.
85 THIS PAGE IS INTENTIONALLY LEFT BLANK
86 TO:

FROM:

DATE:

LOsBanos
Al tl1e Crossroads of Calif onlia
Agenda Staff Report
Mayor and City Council Members
Soknirorn Than, P.E., Public Works Director/City Engine~ jC___ August 3, 2022
TYPE OF REPORT: Consent Agenda
SUBJECT: Amendment No. 2 to the Professional Services Agreement with Mark Thomas & Company, Inc. for Engineering Services for the Pioneer Road Widening
Recommendation:

That the City Council adopt the Resolution to:

1. Amend the 2022-2023 Fiscal Year Budget to increase revenues in the Regional Transportation Impact Fee Account 229-000-390-010 by $613,649 and to increase expenditures in the Regional Transportation Impact Fee Account 229-430-100-238 by $613,649; and

2. Authorize the City Manager to execute Amendment No. 2 to the Professional Services Agreement with Mark Thomas & Company, Inc. for Engineering Services for the Pioneer Road Widening Project in the amount of $613,649.00 as required for Phase 1A services (Pioneer Road and Ortigalita Intersection).

Background:

The Pioneer Road Widening Project is 6.5 mile, 4-lane arterial road with a Class I multiuse path that is proposed to start at a new signalized intersection just east of the Los Banos Creek at Pacheco Boulevard (SR-152). The alignment runs south to Pioneer Road, then easterly along Pioneer Road to Ward Road, then north along Ward Road, and ends at the signalized intersection of Ward Road/Pacheco Boulevard (SR-152). This road is to be designed per City Standards.
87 To fully implement the project, a joint effort between the City, MCAG, and Caltrans will be required to secure funding beyond Measure V to progress through the multiple phases of project.

The City of Los Banos (City) selected Mark Thomas and Company, Inc. (MTCo) in 2020 to provide engineering services for the Phase 1 - Project Study Report-Project Development Support (PSR-PDS), Phase 2 - Project Approval and Environmental Document (PA&ED), and Phase 3 - Plans Specifications and Estimate (PS&E) for the Pioneer Road Widening Project. Mark Thomas completed Phase 1 - PSR-PDS. The MiniPreliminary Environmental Analysis Report (PEAR) prepared for the PSR-PDS anticipates an Initial Study/Mitigated Negative Declaration for California Environmental Quality Act (CEQA) and "Routine" Environmental Assessment/Finding of No Significant Impact for National Environmental Protection Act (NEPA). Mark Thomas's contract has been amended (Amendment No. 1) to include Phase 2A - PA&ED: Engineering Services. The City has secured Highway Improvement Program (HIP) and Local Partnership Program (LPP) funds for the non-engineering design components of PA&ED and PS&E.

Discussion:

Due to funding requirements, Phase 1 A (Ortigalita Road and Pioneer Road Intersection Signalization) will need to be phased out and prioritized. Currently, this phase has the following fund committed:
• Measure V - $1,450,439
• HIP Cycle 2 - $934,889
• HIP Cycle 3 - $271,423
• CRRSAA - 1,483,898
• CMAQ 2021 - $1,500,000
• Total - $5,640,649
This total commitment will take the project through Engineering, Right of Way and Construction Phase.

This amendment will authorize Mark Thomas and Company, Inc. to start Phase 1 A - Engineering Services for a not to exceed amount of $613,649. The attached PSA includes a detail project scope for a complete delivery of this project.

Fiscal Impact:

The total cost for Phase 1A services under this amendment is $613,649.00. The City will receive 100% reimbursement through Measure V Regional Funds for these costs. Funds are not currently budgeted in the Fiscal Year 2022-2023 Budget for the expenditures that will be incurred during the remainder of the current fiscal year. These expenditures are estimated to total $613,649.00. Therefore, a budget amendment is needed to increase revenues in the Regional Transportation Impact Fee Account 229-000-390-010 by 88 $613,649.00 and to increase expenditures in the Regional Transportation Impact Fee Account 229-430-100-238 by $613,649.00.
ttm~ &,q tU llih.n
Manager Brent Kuhn, Acting Finance Director
Attachments:

Resolution
Professional Services Agreement with Exhibit A - Scope, and Exhibit B - Cost Proposal 89 THIS PAGE IS INTENTIONALLY LEFT BLANK
90 RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS AUTHORIZING THE CITY
MANAGER TO EXECUTE THE AMENDMENT NO. 2

TO THE PROFESSIONAL SERVICES

AGREEMENT WITH MARK THOMAS & COMPANY,
INC. FOR ENGINEERING SERVICES FOR THE

PIONEER ROAD WIDENING PROJECT
WHEREAS, the City of Los Banos entered into a Professional Services Agreement (PSA) on February 24, 2020 with Mark Thomas & Company, Inc. for engineering services for the Pioneer Road Widening Project, and authorized the services for Phase 1 as described therein; and
WHEREAS, the PSA stipulated that the Phase 2 and Phase 3 scope and cost proposal would be developed and approved by the City Council through future addendums to the PSA; and
WHEREAS, on March 17, 2021 City and Consultant amended the Agreement to extend the term of the Agreement ("Amendment No. 1 ");
WHEREAS, the City Attorney has prepared the Amendment No. 2 to the PSA for the scope of services for Phase 1 A; and
WHEREAS, the City Council of the City of Los Banos has been presented an amendment to the Fiscal Year 2022-2023 budget; and
WHEREAS, the City Council of the City of Los Banos may adjust the overall appropriation levels in each fund at any time during the Fiscal Year by action to amend the budget; and
WHEREAS, the proposed amendment would increase revenues by $613,649.00 in the Regional Transportation Impact Fee Account 229-000-390-010 and increase expenditures by $613,649.00 in the Regional Transportation Impact Fee Account 229- 430-100-238.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby:
1 . Authorize the City Manager to execute the Amendment No. 2 to the Professional Services Agreement with Mark Thomas & Company, Inc. for Engineering Services for the Pioneer Road Widening Project in the amount of $613,649.00 as required for Phase 1A services.

2. Amend the 2022-2023 Fiscal Year Budget to increase revenues in the Regional Transportation Impact Fee Account 229-000-390-010 by 91 $613,649.00 and to increase expenditures in the Regional Transportation Impact Fee Account 229-430-100-238 by $613,649.00.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 3rd day of August 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
92 AMENDMENT NO. 2

PROFESSIONAL SERVICESAGREEMENT BETWEEN
THE CITY OF LOS BANOS AND MARK THOMAS & COMPANY, INC.,

FOR ENGINEERING SERVICES
[THE PIONEER ROAD WIDENING PROJECT]
This Amendment No. 2 to Professional Services Agreement ("Amendment No.2") is made and entered into this_ day of August 2022, by and between the City of Los Banos, California, a municipal corporation, ("City,") and Mark Thomas & Company, Inc., a California corporation ("Consultant").

RECITALS
A. WHEREAS, on February 24, 2020 City and Consultant entered into the current Professional Services Agreement to engage Consultant as an independent contractor to provide professional services for specific tasks associated with the Pioneer Road Widening Project ("Agreement");
B. WHEREAS, on March 17, 2021 City and Consultant amended the Agreement ("Amendment No. 1 "); to supplement the phasing of the scope of services by including a Phase 2A to Section 3.1 (b ); to supplement the Project Schedule to Section 5 of the Agreement; and supplement the Cost Proposal to Section 6(b) of the Agreement; and C. WHEREAS, City and Consultant desire to amend the agreement to supplement the scope of work and tasks for Phase 1 A to include the Ortigalita Road and Pioneer Road Signalization.

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

SECTION 1. Scope of Services. Section 3 of the Agreement shall be supplemented to include Phase 1A - Engineering Services for the Ortigalita Road and Pioneer Road Intersection Signalization, which is attached hereto as Exhibit A and incorporated herein by reference.

SECTION 2. Compensation, Allowable Costs and Payments. Section 6 of the Agreement shall be supplemented to include Cost Proposal for Project Scope: Los BanosOrtigalita Road and Pioneer Road Intersection Signalization, which is attached hereto as Exhibit .§. and incorporated herein by reference.

SECTION 3. Time of Performance. Section 5 of the Agreement shall be supplemented to include the Project Schedule for the Ortigalita Road and Pioneer Road Intersection Signalization, which is attached hereto as Exhibit C and incorporated herein by reference.

SECTION 4. Integration/Effective Date. Except as expressly amended, all other terms and conditions of the Agreement and Amendment No. 1 shall remain in full force and effect. This Amendment No. 2 shall be effective upon execution of the parties to this amendment.

IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 on the dates set forth below.
1 93
Date:

Date:

ATTEST:

CITY CLERK
Lucille L. Mallonee City Clerk
2 MARK THOMAS & COMPANY, INC.,
a California corporation
by: R. Matt Brogan
PrincipalNice President

CITY OF LOS BANOS,
a California Municipal Corporation
by: Gregory Wellman
Interim City Manager
APPROVED AS TO FORM:

William A. Vaughn City Attorney
94 EXHIBIT A

SCOPE OF WORK
3 95

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Pro ject Understanding

EXHIBIT A
Ortigalita Road and Pioneer Road Intersection Signalization Los Banos
The City of Los Banos (City) is proposing to implement focused improvements at the intersection of Ortigalita Road and Pioneer Road (Project) in the City of Los Banos. The project would include signalization of the intersection and new left turn pockets in all directions, providing congestion relief during peak hours and improving safety for vehicles and pedestrians. In order to complete the project, encroachment on adjacent parcels may be required to expand the roadway to accommodate the proposed improvements.

Mark Thomas and team understands that the City will be pursuing this project concurrently with the Pioneer Roadway Widening Project (Widening Project), adjacent to the project area. The City, in coordination with Caltrans District 10, proposes to extend and widen Pioneer Road from Ward Road to a new north-south connection between Pioneer Road and SR-152 (Pacheco Boulevard), and east of Los Banos Creek to a four-lane roadway with a Class I multi-use trail. The Widening Project includes widening 6.5 miles of Pioneer Road to four lanes of arterial road, adding a Class I multi-use trail, constructing a new pedestrian bridge over the Main Canal, and improving curbs, gutters, and landscaping along this section of road.

1.0 1.1

PROJECT MANAGEMENT
Kick-Off, PDT Meeting, and Focus Meeting
The Project will involve regular monthly meetings to keep the project "on-track". This work includes preparation of meeting agenda in consultation with the City's Project Manager, distribution of approved meeting agenda, arrangement of attendance of meeting participants, and preparation and distribution of meeting minutes, including recap of actions to be taken prior to the next meeting. This scope assumes a total of 1 project kick-off meeting and an additional 24 virtual project development team (PDT) meetings. If deemed appropriate by the City's Project Manager, informal focused meetings with key stakeholders will be held, to gather appropriate information; up to 5 Focus meetings.

1.2 Mark Thomas Team Management/ Coordination
This task will include ongoing general project coordination with subconsultants and Mark Thomas internal staff.

This task will include preparing memos, letters, e-mail, and phone calls necessary to manage the project.

1.3 CPM Schedule/ Progress Reports and Budgets
At the project kick-off meeting, Mark Thomas shall distribute a master Critical Path Method schedule as a draft for review by the PDT. The draft CPM schedule will be updated, incorporating comments received from the PDT.

The CPM schedule, including the City and other agency review periods, will be updated at all major milestones.

Mark Thomas will monitor project delivery costs and provide monthly budget status reports.

1.4 Quality Assurance/Quality Control
The Mark Thomas Quality Control plan consists of established procedures for performing the work (which are -
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Ortigalita Road and Pioneer Road Intersection Signalization Los Banos
reassessed with each project), including methods for design calculations, establishing appropriate levels of design development for intermediate submittals, identification of required plan checks (who, what, when), design checklists, and methods of project documentation. Mark Thomas will use their QA/QC manual as a guide to ensure the highest engineering quality possible.

1.5 Caltrans Right of Way Certification
Mark Thomas staff will prepare the paperwork for the Caltrans Right of Way Certification. Prior to authorization of construction funds, Caltrans will require completion of all items for the R/W certification document. In general, the following items must be in order:
• Right of Way must be acquired or "in control". Caltrans will review the property files to verify that acquisition activities (legal description, etc.) match Caltrans requirements for access control, land rights, etc. The property can either be acquired by this time, or the project proponent can have either (1) a Caltrans approved Permit to Enter or (2) orders of possession. The latter two options would occur if an immediate agreement cannot be reached. Typically, a spreadsheet for all required properties is prepared, with acquisition status noted.
• Utility relocation is taken care of with an approved relocation plan, utility reimbursement agreement, utility-approved relocation schedule, and a statement by the utility absolving the City and Caltrans of any financial obligations. Mark Thomas will prepare the Project Engineers statement for Utility Certification. • Copy of CEQA and NEPA environmental document
DELIVERABLES:
• Agendas and Meeting Minutes for each PDT Meeting
• Project Schedule
• Progress Reports
• Budget Reports
• Co/trans Right of Way Certification

2.0 UTILITY RESEARCH AND COORDINATION
Mark Thomas staff will provide utility coordination and mapping services. As part of conducting utility mapping, the Mark Thomas team will determine horizontal location of existing utilities and prepare a list of those utilities which have a potential for physical conflicts with proposed improvements. Potholing will be conducting according to Caltrans Policy on High and Low Risk Underground Facilities Within Highway Rights of Way. Mark Thomas will retain a vacuum pothole company to positively identify the depths, material type, and size of known critical utilities. For budgeting purposes, 5 potholes have been assumed at $1,500 apiece. Mark Thomas will survey the vertical and horizontal location of the potholed utilities. -
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Ortigalita Road and Pioneer Road Intersection Signalization Los Banos
Due to the federal funding associated with the project, utility coordination services will be conducted in general conformance with Caltrans' Local Assistance and Utility Relocation Manuals. The Mark Thomas team will follow the Utility A-B-C process:

2.1 Utility A Letters
The Utility "A" Letters will be sent to utility companies and irrigation districts determined to be in the area by a USA North search. The purpose of these letters will be to request updated utility mapping and asbuilts from the utility companies.

Once the 30% design is complete, a utility kickoff meeting is held with the utility companies to discuss project impacts. At the meeting, a preferred approach is recommended to the utility companies and a consensus is reached regarding various items including clear recover zone requirements, overhang easements, and vertical clearance requirements over underground utilities.

2.2 Liability Determination
At the same time the utility company is requested to provide any legal backup (i.e. deeds) for their rights at that location, copies of relocation plans to alleviate the conflicts, and cost estimate of the relocation. With this information it can be determined the utility costs borne by the project.

2.3 Utility B Letters/ Conflict Mapping
Letter is issued to the utility companies with 60% plans that show utility impacts. The utility companies are instructed to begin relocation plans at this time. Frequent follow ups with utility companies are required from this point forward.

2.4 Coordinate Utility Agreements
Mark Thomas will coordinate up to two (2) utility agreements. It is assumed that there will be two Common Use Agreements between the City and Central California Irrigation District that will be required to construct the improvements.

2.5 Utility C Letters/ NTO
Once utility relocation plans are received and approved from the utility companies, the notice to owner letter authorizes the company to relocate their utilities. Right of way acquisition must be cleared for this letter to be issued.

DELIVERABLES:
• Utility A Letters
• Liability Determination
• Utility B Letters/ conflict Mapping
• Utility Agreements
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Ortigalita Road and Pioneer Road Intersection Signalization Los Banos
• Utility C Letters/ NTO

3.0 PERFORM SURVEYS AND BASE MAPPING
The survey for this intersection is being captured by the City's Pioneer Road Widening Project. Mark Thomas will work closely with the surveyors on the Widening Project to coordinate the survey efforts and obtain necessary base mapping to complete this signalization project. The following tasks have been included to cover survey related coordination costs that are incurred.

3.1 Data Collection
O'Dell Engineering will prepare base mapping and supplemental survey. This task assumes deliverables from the Widening Project will be utilized as the primary source of base mapping and that topographic survey in AutoCAD Civil 3D 2020 format will be provided.

3.2 Control Surveys/ Photogrammetric Mapping
O'Dell will prepare up to twenty land description packages including a written description, closure report and plat map (exhibit).

DELIVERABLES:
• Topographic Base Mapping
• Land Description Packages (Plats and Legals, up to 20)

4.0 RIGHT OF WAY ACQUISITION

4.1 Right of Way Project Management
From the outset of the project, Monument will work closely with Mark Thomas and City staff in performing the required real estate services and establish work processes to manage and coordinate right-of-way activities to ensure that deliverables meet quality standards. Monument will work with project stakeholders to anticipate potential issues, resolve problems, recommend solutions, and ensure the project schedule is adhered to by the team. In addition, Monument's duties will include following services:
• Participate in a Project Kick Off meeting with Mark Thomas and the City to ensure design, appraisal and right of way impacts are coordinated and on schedule, establish lines of communication, project reporting requirements, as well as listen to the City's concerns and address any issues that may arise. • Attend up to 3 subsequent Project Development Team meetings to coordinate and provide updates on the right of way activities.
• Provide oversight for all right of way acquisition activities to ensure timely and accurate performance of real estate activities.
• Prepare and deliver written progress status reports for cases. -
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Ortigalita Road and Pioneer Road Intersection Signalization Los Banos
• Monitor and update project schedules utilizing MS Project software. • Update each parcel file checklist (our QA/QC Manager, will conduct weekly reviews of the project reporting to ensure compliance with the City's regulatory requirements). • Implement and comply with Uniform Act guidelines, State and Federal laws, Caltrans Local Assistance Program Guidelines, Caltrans Local Assistance Procedures Manual and the Caltrans Right of Way Manual (as necessary).
• Develop all necessary acquisition formats for use on the project, including appraisal notices, offer letters, appraisal statements, acquisition brochures, agreements, contracts, deeds, in a format acceptable to the City and the City's legal counsel.
• Maintain accurate records, monitor work plan and workflow. • Finalize work product, provide services, and prepare and deliver presentations to client and the City's staff and stakeholders, as appropriate.
• Assist the City in preparing staff reports, memorandums, exhibits and presentations for community meetings and Board meeting.

4.2 Title Services
Monument will procure preliminary title reports for the nine (9) parcels impacted by the project. In the event updates are required, an additional fee will be required.

4.3 Appraisal Services
CBRE, Inc will prepare nine (9) USPAP compliant appraisal reports of each property for the purposes of determining the fair market value and establishing the amount of Just Compensation. The activities to be performed by CBRE, Inc. will include the following:
• A pre-appraisal meeting with the client takes place to outline the scope of work needed and glean any additional information that may be needed. This meeting may be undertaken in person or by telephone depending on the detail involved in the scope of work.
• A notice of intent to appraise letter (NODA) is sent, inviting the owner to accompany the appraiser on the real property inspection, per California Eminent Domain Law. • Property inspections are undertaken, as well as inspections of the neighborhoods in which the properties are located. During the inspection, an inventory of the property attributes is collected based on visual observation. The inspection will take into account issues such as availability of utilities, topography, drainage, external site influences i.e. traffic patterns and surrounding uses, access, frontage, visibility, and quantity, quality and condition of improvements.
• Identification/analysis of market conditions relevant to the subject property type under appraisal. • An investigation of public records for the property's zoning, entitlement status, general plan and flood hazard area classification, as well as investigation of the property tax assessor's records for attributes of -
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Ortigalita Road and Pioneer Road Intersection Signalization Los Banos
the property and project details and mapping, if applicable. The appraiser will also research the reasonable probability of a zone change.
• Consideration of the highest and best use, both as if vacant and as improved (if applicable). • Application of all relevant valuation methodologies, including analysis of severance damages and cost to cure measures, as necessary.
• Reconciliation of the applicable approaches used into a single fair market value opinion. • Preparation of a written report to comply with USPAP, and the Code of Ethics of the Appraisal Institute.

4.4 Appraisal Review Services
For this project, Monument has designated Sierra West, a reputable and highly qualified appraisal firm, to complete the appraisal reviews. The review appraiser will review each appraisal report to ensure the appraisal meets minimal reporting requirements, prepares a separate review report stating the findings, concurs with the fair market value conclusion, and recommends approval of a Statement of Just Compensation to the client.

4.5 Acquisition/ Negotiation
Monument's Acquisition Agent will contact the property owner(s) and, if possible, meet with the owner in person at a convenient location to present the City's offer within two (2) weeks after receipt of the approved appraisal and determination of just compensation by the City. During this meeting, the agent will discuss the project, explain the property rights affecting the property, review the proposed project design, present the offer to purchase, review the salient information in the appraisal report, review the terms of the ROW Contract and answers any questions or concerns the owner may have concerning the process. An informational brochure explaining the acquisition process will also be provided.

Owners will be given reasonable opportunity to consider offers, present materials they believe are relevant to determining property values and suggest modifications in the proposed terms and conditions of the purchase.

Every reasonable effort will be made to acquire the necessary real property rights expeditiously through negotiations. The Acquisition Agent will proactively communicate with the property owner on a regular basis, meet in person when necessary, and respond to any questions, concerns or clarifications requested by the property owner. The Acquisition Agent will establish a file and maintain a parcel diary/log to record all communications with the property owner and/or the property owner's representative. If an amicable agreement is reached with the property owner, the Acquisition Agent will prepare a memorandum transmitting the owner's signed agreement and executed deeds to sell the property, for review and approval by the City.

After an offer is accepted and the purchase agreement is approved by the City, Monument's Escrow Coordinator will transmit the original documents to the escrow company. The Escrow Coordinator will review the updated title report and prepare a memorandum of disapproved title exceptions. The escrow company will prepare escrow instructions, transmit a copy of the purchase contract to the title company and begin the process of satisfying all monetary liens, prorating taxes and clearing adverse title exceptions and encumbrances. Upon escrow's request -
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Ortigalita Road and Pioneer Road Intersection Signalization Los Banos
for funds from the City, the estimated closing amount will be deposited in escrow, and upon close, the escrow holder will record a deed and issue a title insurance policy. The Escrow Coordinator will provide ongoing support to the escrow officer to ensure the timely execution of escrow instructions, coordination of title clearance documents and processing of wire transfers. Escrow closure generally will be accomplished in 30 to 60 days.

4.6 Condemnation Support
If negotiations are not successful and the agent determines that an administrative settlement is not feasible or project timing requires use of the eminent domain process, the Project Manager will submit a recommendation to the client to initiate condemnation proceedings. Monument's Team will work closely with the City's condemnation counsel in preparing the resolution hearing notices, providing a duplicate copy of the agent's acquisition file, and assist in the eminent domain complaint and in trial preparation as requested. Settlement negotiations by legal staff may continue until the trial begins, including alternative dispute resolution and negotiations for Stipulated Use and Possession to assure access to the property consistent with project schedules.

We assume no more than two parcels will proceed to condemnation.

4.7 Right of Way Certification
The final phase of the right of way program is Right-of-Way Certification approval which documents that the construction project is ready for advertising. During this process, Monument will coordinate and attend certification planning activities and meet with the client and the City, Caltrans Right-of-Way and Local Assistance staff, and the project partners to determine project requirements and the certification level required to meet the project construction schedule. Monument will coordinate with the project engineer, utility relocation, acquisition, and right-of-way engineering managers to ensure their respective activities have been completed in compliance with applicable policy and certification requirements.

Monument will assist the City in the preparation of the submittal package that will include the certification form and compilation of the necessary back-up documents. This would generally include deeds, resolutions of necessity, final orders of condemnation, access agreements, cooperative agreements, permits, utility relocation agreements and notices, utility relocation plans, among other documents.

DELIVERABLES:
• Title Reports (up to 9 parcels)
• Appraisal Reports (up to 9)
• Right of Way Certification

5.0 STORM WATER POLLUTION PREVENTION PLAN

5.1 Storm Water Pollution Prevention Plan (SWPPP) Waiver It is anticipated each project site will be between 1 and 5 acres of disturbed soil area. Depending on the -
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construction window and the soil profile for the project, the project can qualify for a SWPPP waiver. The waiver is processed through the Storm Water Multi Application Report Tracking System (SMARTS) system. As part of this scope, Mark Thomas will link SMARTS accounts with the City and fill out all necessary forms to process a SWPPP waiver for the project through the SMARTS system. Though not part of this scope, if a SW PPP is required, Mark Thomas has the experience to prepare SWPPP's for the City.

DELIVERABLES:
• Storm Water Pollution Prevention Pion Waiver

6.0 ENVIRONMENTAL DOCUMENTATION
Environmental Project Understanding
The City is expected to act as the Lead Agency under the California Environmental Quality Act (CEQA).

According to Section 15063 of the California Environmental Quality Act (CEQA), a lead agency is required to prepare an Initial Study (IS) to determine whether a project could have a significant impact on the environment.

Once the IS has been completed, the agency may prepare a Mitigated Negative Declaration (MND) if potentially significant impacts are identified, but revisions are made to the project that would avoid or mitigate these impacts to a less than significant level (CEQA Section 15070). This type of project could under different circumstances be categorically exempted from CEQA (CEQA Guidelines Section 15301); however, because the project is located adjacent to a known hazardous waste site and other known resources, GPA has identified that there may be potentially significant impacts associated with implementation that could require mitigation measures to avoid or reduce these impacts. With the implementation of available mitigation measures, no significant impacts are expected; therefore, GPA anticipates that an IS/MND would be the appropriate level of CEQA documentation to meet the City's Lead Agency responsibilities. However, as the CEQA Lead Agency, the City would make the final determination as to the appropriate level of CEQA documentation.

The project is a federally funded project; therefore, environmental documentation pursuant to the National Environmental Policy Act (NEPA) is required, and the California Department of Transportation (Caltrans) would be the NEPA Lead Agency. Because Ortigalita Road and Pioneer Road are considered local streets and not Caltrans facilities, the project would be processed through Caltrans' Local Assistance Program. All technical studies required for NEPA approval would be completed by GPA in accordance with the Caltrans' Standard Environmental Reference (SER) guidelines and Local Assistance Procedures Manual (LAPM).

Certain categories of projects are specifically called out in 23 CFR 771.117(d) as actions that would fall under a Categorical Exclusion pursuant to NEPA. NEPA CEs are generally actions that do not induce significant impacts related to planned growth or land use for the area; do not require the relocation of significant numbers of people; do not have a significant impact on any natural, cultural, recreational, historic or other resource; do not involve -
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significant air, noise, or water quality impacts; do not have significant impacts on travel patterns; and do not otherwise, either individually or cumulatively, have any significant environmental effect. Based on the information provided, GPA would assume that the project would be categorically excluded under the provisions of NEPA; technical studies would be required to support this determination. GPA would coordinate the review and approval of all NEPA documentation with Caltrans.

It is assumed that the Ortigalita Road and Pioneer Road Intersection project would rely on the technical studies prepared for the Widening Project to support the preparation of the CEQA IS/MND and NEPA CE. It is assumed that the technical studies prepared for the Widening Project would clearly delineate, identify, and evaluate environmental resources and potential impacts at the Ortigalita Road and Pioneer Road intersection. If the technical studies prepared do not clearly delineate, identify, and evaluate environmental resources in a palatable manner to support GPA's evaluation of impacts at the proposed intersection, GPA will provide an additional scope of work and budget to support the additional level of effort, which may include the preparation of technical studies specific to this intersection project. Additionally, if Caltrans identifies the need for technical studies not prepared under the Widening Project or included in this proposal, GPA will provide an additional scope of work and budget to complete the work.

GPA anticipates the process for CEQA and NEPA compliance would take approximately twelve to fourteen months after receiving sufficient design information and the technical studies prepared for the Widening Project to complete the analysis.

6.1 Project Initiation
Following receipt of a written Notice to Proceed (NTP), GPA will review existing environmental information and analysis related to the project, including the technical studies prepared under the Widening Project, and gather any additional reference information needed to ensure that all pertinent information about the existing site is considered. The PM will work closely with the project team to prepare a detailed project description, including project components, purpose and need, environmental study limits (ESL), and timing of construction. The project description will be appropriate for use in all technical studies and environmental documentation and will include maps of the regional area and project area.

6.2 Preliminary Environmental Study
Once all of the project information is gathered and the project description is complete, GPA will prepare the Draft Preliminary Environmental Study (PES) Form. The PES will be completed pursuant to Caltrans' SER and LAPM; it will include a reasoned explanation for all checklist answers, and all attachments necessary to support conclusions in the PES. GPA will submit the Draft PES to the project team for review and approval. Once the Draft PES has been approved by the City, GPA will finalize the revisions, submit the PES to Caltrans, and coordinate as needed for review and approval of the document. It is assumed Caltrans will not require an on-site field review meeting to process the PES Form.
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6.3 Supplemental Natural Environmental Study (Minimal Impacts) Background Research and Study Area Delineation
GPA will review existing reports, including the Widening Project biological study, and available data on biological resources recorded on and within the vicinity of the project area, including plant and wildlife species with the potential to be in the area. GPA will use the background research conducted for the Widening Project to support this project; however, it is assumed that updated species lists will be required because Caltrans requires an updated list be conducted every six months. This review will include conducting updated searches in databases, such as California Natural Diversity Database (CNDDB) and the California Native Plant Society, to identify the potential for federally and state listed species or other special-status species within the project area. Additionally, an updated list of federally threatened and endangered species with the potential to be within the project area will be requested from the United States Fish and Wildlife Service (USFWS) and from the National Marine Fisheries Service (NMFS). GPA will work with the project team to delineate an appropriate Biological Study Area (BSA) that will cover the direct and indirect impact area for the project, including temporary construction areas, and create a BSA map to be used for the biological analysis.

Supplemental Natural Environmental Study (Minimal Impacts) GPA assumes that Caltrans will require an evaluation of biological resources due to the potential for state and federally threatened and/or endangered species to exist within the project area. GPA will prepare a Supplement Natural Environmental Study (Minimal Impacts) (NES(MI)) report which will include a discussion of the existing biological resources in the BSA, potential project impacts on these resources, and proposed measures to avoid, minimize, and or mitigate these impacts. The NES(MI) will provide conclusions regarding project impacts on federally and/or state threatened or endangered species and will outline any future protected species consultations that may be required with resource agencies to obtain project approvals and environmental permits.

6.4 Administrative Draft Initial Study
Following completion of the technical studies for the Widening Project and any additional research or study under this project, GPA will reference the results of the analysis, as well as other background research, to prepare an Administrative Draft IS, consistent with CEQA Guidelines Appendix G and in a format acceptable to the City. The document will include all required sections for an IS and will address on-site and off-site impacts of the project.

GPA will submit the Administrative Draft IS to the City. GPA will address any comments received prior to public circulation of the document.

6.5 Draft Initial Study and Notice of Intent
Once the Administrative Draft IS has been reviewed and approved by the City, GPA will finalize the Draft IS (with anticipated MND) and circulate the document to the public for the 30-day public review period using the most current SCH electronic requirements. GPA will also prepare a Notice of Intent (NOi), the Notice of Completion (NOC) prepared on a State Clearinghouse (SCH) form, and the SCH Summary Form. GPA will coordinate the -
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distribution of electronic copies of the Draft IS to interested parties. GPA assumes that the City would be responsible for any additional public notifications and associated fees. GPA will maintain a file of any comments received during the circulation period for use in preparing the final document.

6.6 Final Initial Study with Mitigated Negative Declaration and Notice of Determination Following circulation of the Draft IS (with anticipated MND), GPA will coordinate with the City to prepare responses to any public comments received (as appropriate) and incorporate the responses and any required revisions into the document. It is assumed that no more than five comments will be received during public circulation. GPA will also prepare a draft Mitigation Monitoring and Reporting Plan (MMRP) for the purposes of tracking compliance with identified avoidance, minimization, and mitigation measures. The MMRP will include a description of required measures, timing of implementation, and responsible parties. The MMRP may be included as a section of the Final MND or as a stand-alone document. GPA will revise the draft MMRP per City comments and submit a final MMRP. GPA will then prepare a Final IS and submit it to the City for review. GPA will coordinate as needed to make further revisions and obtain approval to finalize the document. Upon completion of the Final IS, GPA will coordinate with the City to obtain a Notice of Determination (NOD) for the project within five days of approval.

6.7 Environmental Commitments Record
It is anticipated that the environmental document will include environmental commitments that must be conducted prior to, during, and following construction. GPA will prepare an Environmental Commitments Record (ECR) for Caltrans use in the preparation of the Categorical Exclusion for NEPA. GPA will update and maintain electronic copies of the ECR throughout the regulatory permitting phase.

6.8 Aquatic Resources Delineation (Optional)
GPA assumes that the ARD for the Widening Project will be sufficient to cover the required analysis for this project, and a new ARD will not be required. If circumstances change and a new or supplemental ARD is required, GPA will provide an additional scope of work and budget to support this effort.

6.9 Historic Property Survey Report (HPSR) (Optional)
Encroachment on adjacent parcels may be required to expand the roadway for completion of the project to accommodate the proposed improvements. GPA understands that the Widening Project may not include evaluation of parcels adjacent to the Ortigalita Road and Pioneer Road intersection and recommends an evaluation of these parcels to support the environmental analysis for this project. Based on preliminary research on the project area, there are four parcels that are likely to be included in the project's Area of Potential Effects (APE). On those parcels there are four (4) buildings and up to three (3) water conveyance features that appear to be over 50 years of age. However, none of the built environment resources in the project vicinity appear to warrant evaluation for the National Register of Historic Places (NRHP) or California Register of Historical Resources (CRHR) for compliance with Section 106 of the National Historic Preservation Act (NHPA) and CEQA. -
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They all appear to be properties exempt from evaluation, per Attachment 4 of the Caltrans Section 106 Programmatic Agreement (Section 106 PA), including:
• Property Type 1: Minor, ubiquitous, or fragmentary infrastructure elements o Concrete-lined canals less than 50 years old and fragments of abandoned canals. o Roadside drainage ditches and secondary agricultural ditches • Property Type 4: Buildings, structures, objects, districts, and sites 30 to 50 years old • Property Type 6: Altered buildings, structures, objects, districts, and sites that appear to be more than 30 years old
• Property Type 7: Post-World War II builders' houses and housing tracts GPA assumes that Caltrans District 10 Professionally Qualified Staff (PQS) will agree that the properties are exempt from evaluation and preparation of a Historical Resource Evaluation Report (HRER) and Finding of Effect (FOE) will not be necessary. GPA also assumes that existing records search results from the Widening Project can be summarized for this project, and that architectural historians can coordinate with the biology and/or archaeology survey teams to obtain field photos of the built environment properties within the APE. Lastly, GPA assumes that the City will not require a separate document for the purposes of CEQA compliance. All cultural efforts will be completed in compliance with Section 106 of the NHPA and CEQA, and will follow the requirements set forth in the SER.

Area of Potential Effect CAPE) Ma p
GPA will prepare the cultural resources APE map in consultation with the Widening Project archaeologist and Caltrans Local Assistance Engineer. The APE map will delineate the APE of the Project, including both direct and indirect effects. GPA will revise the draft APE map per City and Caltrans comments and will submit a final APE map.

Historic Property Survey Report (HPSR)
GPA will prepare a Historical Property Survey Report (HPSR) to summarize efforts used to identify historic properties and evaluate cultural resources for National Register eligibility. GPA will conduct an analysis of existing data of the project area, which includes the results of the record searches conducted for the Widening Project.

GPA assumes the research would support the conclusion that properties are exempt from evaluation. GPA will coordinate with the Widening Project archaeologist to incorporate their findings into the HPSR. GPA will revise the draft HPSR per City and Caltrans comments and will submit a final HPSR.

6.10 California Endangered Species Act Consultation (Optional) Under the California Endangered Species Act (CESA), if the project may result in the 'take' of a state threatened, endangered, or candidate species, consultation with the CDFW is required. Based on the potential for the state -
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threatened Nelson's antelope squirrel, state threatened Swainson's hawk, state endangered giant kangaroo rat, state threatened giant garter snake, and state threatened San Joaquin kit fox, and other state threatened, endangered, or candidate species to be in the project area, CESA consultation may be required. GPA will provide technical assistance to Mark Thomas to refine impact avoidance, minimization, and mitigation measures, as required by CDFW to reduce project impacts and potential for take of CESA species to the maximum extent feasible. GPA will attend up to two internal phone meetings or CDFW coordination phone meetings held as part of the consultation process. If consultation is required for additional species, this would be provided under a separate scope and cost.

GPA will provide support to Mark Thomas to streamline the CESA consultation processes, including preparation of up to one supplemental information request by CDFW. It is assumed that the surveys and technical reports prepared for the project (Biological Resource Assessment and Aquatic Resource Delineation) will be sufficient to support CDFW's issuance of an Incidental Take Permit, if requested.

6.11 United States Fish and Wildlife Service Consultation (Optional) Under the Federal Endangered Species Act (FESA), if the project may affect a USFWS threatened or endangered species, or designated critical habitat, FESA consultation with the USFWS is required. Based on the potential for the federally endangered giant kangaroo rat, federally threatened giant garter snake, federally endangered San Joaquin kit fox and other federally threatened or endangered species to be in the project area, FESA consultation may be required. If project activities are unable to avoid project effects on USFWS FESA species, GPA will prepare the Section 7 consultation initiation package, including a Biological Assessment for the project. GPA will also provide technical assistance to Mark Thomas to refine impact avoidance, minimization, and mitigation measures, as required by USFWS to reduce project impacts on USFWS FESA species to the maximum extent feasible.

GPA will coordinate with Mark Thomas and Caltrans for review and submittal of the Section 7 consultation initiation package to USFWS. If requested, GPA will attend up to two internal phone meetings or USFWS coordination phone meetings held as part of the pre-consultation process. GPA will provide support to Mark Thomas to streamline the FESA consultation process, including preparation of one supplemental information request from USACE or USFWS. GPA will provide support to Mark Thomas to streamline the FESA consultation process, including preparation of one supplemental information request from USACE or USFWS.

DELIVERABLES:
• Project Description
• PES Form
• Supplemental NES (Ml)
• Administrative Draft IS
• Draft ISIMND, NOi, NOC, and SCH Summary Form
• MMRP, Final IS and NOD
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• Environmental Commitments Record
• Aquatic Resources Delineation (Optional)
• APE map (Optional)
• HPSR (Optional)
• CESA Consulation Package (Optional)
• USFWS Consultation Package (Optional)

7.0 PERMITTING COORDINATION

7.1 Right of Entry Notifications
Mark Thomas will coordinate with the City and property owners to obtain any necessary right-of-entry agreements for conducting subsurface investigation and appraisals on private parcels.

7.2 Regulatory Permitting

7.2.1 Clean Water Act Section 404 Nationwide Permit
Section 404 of the Clean Water Act authorizes the USACE to issue permits for the discharge of dredged or fill materials into waters of the U.S. If a project will have temporary and permanent impacts on waters of the U.S., a Section 404 Permit is required. The irrigation ditches may be considered waters of the United States and would be under the jurisdiction of the USACE. The project would likely fall within the scope of the USACE Nationwide Permit (NWP) 14 for "Linear Transportation Facilities." To qualify for this permit, a project must meet 27 general conditions and not result in greater than 0.33 acre of permanent impacts (e.g., loss) on jurisdictional waters of the U.S.

A pre-construction notification (PCN) would be required for the project if more than 0.10 acre of permanent impacts on waters of the U.S. would result from the project, or if the project would impact wetlands. If a PCN is required, GPA will prepare the PCN package for submittal to the USACE. The application will include a brief description of the project, an assessment of impacts on waters of the U.S., measures and best management practices to minimize impacts to waters of the U.S., a proposed mitigation plan, and other pertinent project information, as required by the USACE. GPA will coordinate with the City and USACE as needed to obtain the 404 authorization.

7.2.2 Clean Water Act Section 401 Certification
The Clean Water Act provides the Regional Water Quality Control Board CRWQCB) with jurisdiction over waters of the state. Section 401 of the Clean Water Act requires applicants acquiring permits from the USACE under Section 404 obtain a Water Quality Certification from the RWQCB for the state in which the discharge originates. The RWQCB typically takes jurisdiction over all surface and ground waters within California. Therefore, the irrigation ditches are also considered waters of the state.

GPA will prepare an application for a Section 401 Water Quality Certification for submittal to the RWQCB. The package will include the appropriate application form, a brief description of the project, best management practices, project impacts, and other pertinent project information, as required by the RWQCB. -
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7.2.3 California Fish and Game Code 1602 Streambed Alteration Agreement (Optional) Section 1602 of the Fish and Game Code requires submittal of a Streambed Alteration Notification to the CDFW for any activity that may substantially divert or obstruct the natural flow or substantially change the bed, channel, or bank of any river, stream, or lake. The CDFW reviews the proposed actions and, if necessary, submits to the applicant a proposal for measures to protect affected fish and wildlife resources. The final proposal that is mutually agreed upon by CDFW and the applicant is the Streambed Alteration Agreement. Streams (and rivers) are defined by the presence of a channel bed and banks and at least an intermittent flow of water; therefore, the irrigation ditches are expected to fall under the jurisdiction of the CDFW as waters of the state.

GPA will prepare a Streambed Alteration Notification package for submittal to the CDFW. The package will include the appropriate application form, a brief description of the project, best management practices, project impacts, and other pertinent project information, as required by the CDFW.

DELIVERABLES:
• 404 Permit Application/ Notification Package for Project Construction • 401 Permit Application/ Notification Packages for Project Construction • 1602 Permit Application I Notification Package for Project Construction (Optional)

8.0 PRELIMINARY ENGINEERING

8.1 Signal Warrant Analysis
Using available traffic count data and forecasts, Fehr & Peers will conduct a peak hour traffic volume traffic signal warrant analysis (Warrant 3B). The results of this analysis will be documented in a technical memo. We will respond to one round of comments on the memo before finalizing. Fehr & Peers will not collect new traffic count data as part of this task. Analysis of other traffic signal warrants can be performed for additional fee.

8.2 30% Submittal

8.2.1 Roadway Geometric Approval Drawing
The Geometric Approval Drawing (GAD) will show the roadway alignment with the ultimate roadway superimposed. It will also include the identification of the project impacts, which will include Right of Way requirements, utility relocations, etc. The GAD will also include intersection details, design criteria, etc.

The GAD will be a stripmap will be at a scale of 1"=100'. Plans will be prepared in conformance with Highway Design Manual, MSHTO, and City of Los Banos standards.

8.2.2 Electrical Concept Plan
Using AutoCAD base files provided by Mark Thomas, Fehr & Peers will develop an electrical concept plan. This plan will show traffic signal pole locations, including signal heads and intersection lighting. This plan will not include conduit/conductors or pole/conductor schedules. The purpose of this plan will be to confirm signal pole 111
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layout and receive initial feedback on potential conflicts with other improvements. We will submit the plan in electronic format. We will revise the plan based on one round of review by Mark Thomas before formal submittal.

We will attend a conference call with the Project team as part of this task.

8.2.3 Preliminary Construction Cost Estimates
Under this task, Mark Thomas will prepare probable construction cost estimate for the project. Detailed quantity take-offs for typical construction items will be based on the information developed for the above tasks. Unit prices for each item will be obtained from City and Caltrans past bid results in the area and our own.

8.3 60% Submittal
Once the project is defined, detailed project design can begin. The PS&E packaged will be submitted at the 60% stage of completion for review.

Mark Thomas team will prepare engineering plans, specifications and estimates for the project in accordance with the Caltrans' Standards. At this time Submittals will be provided for 60% PS&E. Work products assumed to consist of 6 sets of half size plans and special provisions for each submittal as noted.

8.3.1 Review of 30% Comments
Under this task, Mark Thomas will make revision to the plans based on comments from the 30% Design.

8.3.2 Roadway Plans
Mark Thomas will create the following sheets for the roadway plan package:

Roadway Plans (approximate number of sheets):

Roadway Plans Estimated Number of Sheets
Title Sheet 1
General Notes 1
Project Control 1
Typical Sections 2
Plan/Profile 4
Construction Details 3
Utility Plan 2
Drainage Plan 6
Traffic Handling 4
Signing and Striping Plans 2
Traffic Signal Plans 4
Total Estimated Roadway Plan Sheets 30 sheets

8.3.3 Electrical Plans
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Based on comments received on the conceptual plan, Fehr & Peers will develop 60% plans, draft special provisions, and draft construction cost estimate for the traffic signal portion of the project. This submittal will include conductor and poles schedules. We will also perform an intersection lighting assessment using the AGI software to confirm amount and place of luminaires. We will submit 60% plans, specifications, and cost estimate electronically. We will submit our draft plans for an initial review by Mark Thomas before formal submittal. We will attend a conference call with the Project team as part of this task.

8.3.4 Special Provisions
Mark Thomas will prepare specifications in accordance with the City standards to the extent that such standards apply to the work in question. In addition to the technical specifications, Mark Thomas will prepare special or supplemental conditions for the construction contract. Mark Thomas will review, comment and/or make recommendations to the City on the form and content of the Front-End Specifications and bid documents as they apply to the project.

8.3.5 Construction Cost Estimate
Mark Thomas shall prepare an itemized engineer's estimate for the 60% submittal. Mark Thomas will prepare detailed quantities in accordance with Caltrans standard specifications and payment items. The unit costs shall be determined by reviewing similar recent project bid summaries, the most current Caltrans Contract Cost Data book, the California highway Construction Cost Index information, and the Caltrans Engineering Service Center site.

8.3.6 General Cross Sections
Mark Thomas will use AutoCAD Civil 3D to develop preliminary general cross sections for the new and widened roadway and will be placed on a grid showing the existing ground, subgrade and finished surface. The cross sections will be used to determine the proposed right of way locations. The cross sections will be developed at approximately 50-foot intervals.

DELIVERABLES:
• Signal Warrant Analysis
• 30% Roadway GAD
• Electrical Concept Plan
• Preliminary Construction Cost Estimate
• Roadway Plans (60%)
• Electrical Plans (60%)
• Special Provisions (60%)
• Construction Cost Estimate (60%)
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9.0 FINAL DESIGN

9.1 90% Submittal
Ortigalita Road and Pioneer Road Intersection Signalization Los Banos
Upon approval of the 60% plans, Mark Thomas will prepare the PS&E for the 90% submittal. The submittal shall include a letter addressing comments from the previous submittal as well as revised plans, specifications, and estimate as necessary to address review comments. This submittal represents complete final plans that will be included in the biddable plan package. Major design features have been reviewed; however, because of the review comments received for the 60% submittal there may be some plan details that will be submitted for the first time.

From this point all minor "clean-up" revisions will occur. The plans are at the level ready for a detailed quality control check and ready for the utility companies to begin relocation design (''B" Plans).

9.1.1 Review of 60% Design Comments
Mark Thomas will review the 60% review comments and reconcile comments as needed with the reviewer prior to proceeding with the preparation of the 90% plans.

After reconciling any conflicting comments, Mark Thomas will make the requested changes to the project plans based on the 60% review comments. A comment resolution table will be prepared that documents all the comments received, and responses given. Quality Control reviews will be performed before submittals.

The following represents the plans to be updated to 90%.

9.1.2 Update Roadway Plans
This submittal will represent a complete, biddable plan package. Major design features will have been reviewed; however, because of the review comments received for the 60% submittal, there may be some plan details that will be submitted for the first time. From this point, all minor "clean-up" revisions will occur.

9.1.3 Update Electrical Plans
Based on comments received on the 60% PS&E, Fehr & Peers will develop 90% plans, draft special provisions, and draft construction cost estimate for the traffic signal portion of the project. We will submit 90% plans, specifications, and cost estimate electronically. We will submit our draft plans for a~ initial review by Mark Thomas before formal submittal. We will attend a conference call with the Project team as part of this task.

9.1.4 Update Special Provisions
Special provisions shall be updated and revised. An updated BEES listing shall be included, with appropriate SSP referenced adjacent to the contract item. Stricken text will be shown, to be hidden with the final specifications.

9.1.5 Update Construction Cost Estimate
Mark Thomas shall update the itemized engineer's estimate for the 90% submittal. The format shall be similar to the Caltrans BEES format.
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9.1.6 Update General Cross Sections
Ortigalita Road and Pioneer Road Intersection Signalization Los Banos
General cross sections will be updated to reflect revisions from the comments received. Updates will ensure that plan revisions can be constructed within the project right of way.

9.2 100% Submittal

9.2.1 Review of 90% Design Comments
Mark Thomas will review the 90% review comments and reconcile comments as needed with the reviewer prior to proceeding with the preparation of the 100% plans. A comment resolution table will be prepared that documents all comments and responses.

9.2.2 Update Roadway Plans
This submittal represents a completed Bid Set, ready for bidding. Major design features have been reviewed at least twice at this stage.

9.2.3 Update Electrical Plans
Based on comments received on the 90% PS&E, Fehr & Peers will develop 100% plans, special provisions, and construction cost estimate for the traffic signal portion of the project. We will submit 100% plans, specifications, and cost estimate electronically. We will submit our draft plans for an initial review by Mark Thomas before formal submittal. We will attend a conference call with the Project team as part of this task.

9.2.4 Update Special Provisions
Special provisions shall consist of revised Caltrans Special Provisions, with new specials and inserts clearly marked.

An updated BEES listing shall be included, with appropriate SSP referenced adjacent to the contract item.

Stricken text will hidden with the final specifications.

9.2.S Update Construction Cost Estimate
Mark Thomas shall update the itemized engineer's estimate for the 100% submittal. The format shall be similar to the Caltrans BEES format.

9.2.6 Update General Cross Sections
General cross sections will be updated to reflect revisions from the comments received. Updates will ensure that plan revisions can be constructed within the project right of way. General Cross Sections will not be part of the bid documents but will be provided to the contractor upon request.

9.3 Prepare Final PS&E Submittal
Under this task, the final round of comments will be addressed followed by final plotting and compilation of the bid documents. The Special Provisions will be edited into their final format to include the bid quantities, proposal, and contract.
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DELIVERABLES:
• Comment Resolution Tables (60% Comments and 90% Comments) • Roadway Plans (90% and 100%)
• Electrical Plans (90% and 100%)
• Special Provisions (90% and 100%)
• Cost Estimate (90% and 100%)

10.0 PRE-CONSTRUCTION ENGINEERING SERVICES

10.1 Bidding Assistance
The City will advertise the project for bidding and distribute the plans to prospective bidders. The City's project manager will be the designated person to receive contractor inquiries. Mark Thomas will assist the City as requested during bidding. The work may include answering questions, providing interpretation of the construction documents, and assisting in preparation of addenda to the PS&E during the advertisement period.

Mark Thomas has included a fee for this task; however, the level of work effort will depend on the contractor and the RE for the project. Work performed beyond the budget for this task will be performed on a time and materials basis.

11.0 CONSTRUCTION SUPPORT SERVICES

11.1 Construction Assistance
Mark Thomas and team will attend a Pre-Construction Meeting (Total 1) and As-Required Construction Progress Meetings (Total 3). Mark Thomas and team will respond to the Contractor's Requests-for-Information (RFls) and review the Contractor's shop drawing submittals during construction.

This task also includes providing engineering services for revisions to construction documents resulting from changed field conditions or other design changes initiated during construction of the Project. Subsequent Change Order documentation and processing will be prepared by the City's Project Manager and/or Resident Engineer and is not included in this scope of work. Mark Thomas has included a fee for this task; however, the level of work effort will depend on the contractor and the RE for the project. Work performed beyond the budget for this task will be performed on a time and materials basis.

11.2 Record Drawings
Following the completion and acceptance of the project, Mark Thomas will furnish the City with a complete set offull-size reproducible drawings showing as-built conditions. Mark Thomas will use RE provided as-built corrections to make a set of Record drawings for the City. Revisions will be based solely on as-built information provided to Mark Thomas by the City and on any authorized design changes undertaken by Mark Thomas through the course of the project.
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DELIVERABLES:
• Record Drawings
Assumptions:

The following assumptions/clarifications are included within this scope of services:
• This project will be advertised, awarded, and administered by the City and the City will coordinate reproductions of the bid package.
• Caltrans Environmental will be responsible for preparing the final NEPA determination. • The existing irrigation crossings can be modified or replaced without requiring any special design or structural considerations.
• A Traffic Management Plan will not be required.
• Total Disturbed Soil Area will not exceed 5 acres and the construction window will be such that an Erosivity Waiver can be obtained.
• Drainage inlets will not be required at this intersection. • Master planned public utilities (storm, water, and waste water) are not included in this scope of work • Project will utilize traffic count data from the Pioneer Road Widening Project. • The environmental analysis for this project would rely on the technical studies prepared for the Widening Project.
• If Caltrans identifies the need for technical studies not prepared under the Widening Project or included in this proposal, GPA will provide an additional scope of work and budget to complete the work. • Caltrans will not require a field review for completion of the PES Form. • The City would undertake government-to-government consultation under California Public Resources Code 13 PRC§ 21080.3.1 (California Assembly Bill 52) to comply with the requirements of CEQA. • All fees associated with the regulatory permits and filing of notifications (such as the Notice of Determination) will be paid by the City.
• Caltrans will complete all documentation for the NEPA Categorical Exclusion. GPA would not update the ECR following permit approval.
• There is closed case for a Leaking Underground Storage Tank (LUST) at the intersection of Ortigalita/Pioneer. GPA assumes the Phase I ISA prepared for the Widening Project would provide sufficient documentation to identify impacts associated specific to this project. • Environmental construction support, including potential pre-construction surveys and/or construction monitoring, are not included as part of this scope of work. • GPA assumes that the Supplemental NES(MI) for the Widening Project will be sufficient to cover the required analysis for this project, and a new NES(MI) will not be required. • It is assumed that protocol-level surveys would not be required. • This scope and cost does not include the following tasks related to the evaluation of historical resources, which are not anticipated to be necessary at this time: Evaluation of buildings or structures; preparation -
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of DPR523 Forms; preparation of an HRER; preparation of an FOE; Memorandum of Agreement. -
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EXHIBIT B

COST PROPOSAL
4 119

EXHIBIT B
COST PROPOSAL FOR PROJECT SCOPE: Los Banos- Ortigalita Road and Pioneer Road Intersection Slgnallzatlon - u MARK • •
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LD PROJECT MANAGEMINT
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,., Ae<tr.lisalservn1 • 65,500
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EXHIBIT C

PROJECT SCHEDULE
5 121

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122
2 3
4 5
6 7
8 9
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PIONEER - ORTIGALITA
Project Schedule
Duration Start Finish I I I I I I I --- 2024 - , ua Sep Oct Nov P« /anJFeb!M,r Ao, ,,,..!Jun I Jul IAu als.a)Q<I fNovf Dts I hin lrvb!MarlAorlMavl Jun I Jul IM I Mon 8/15/22 Mon 8/15/22 ~415 Predecesso;22 NTP
Preliminary Design (30" Submittal)
Base Topographic Mapping [Completed]
O days
90 days
:o days
Survey Base Mapping/Data Collection [Completed] 0 days
Mon 8/15/22.Mon 12/19/2, j
Mon 8/15/22.Mon 8/15/22 ~ 8 15
Mon 8/15122 Mon 8115122 I ~ 8 15
Compile Base Maps [Completed]
30" Schematic Submittal
Schematic Plan Dtvetopment
Submit 30% Plans
City/County Review
Final 30% Plans
Geotechnical Investigations [Completed]
Pavement Drainage Memo
Draft Pavement Drainage Memo
City Review
Final Pavement Drainage Memo
Environmental Documents
PES Form
Area of Potentiol Effect (APE) Map
Prepare PES Form
City Review
Ca/trans Review I Field Review
PES Approval
Technical Studies
Initial Site Assessment
Supplemental NES (Mil
Aquatic Resources Delineation (from Widening)
Historic Property Survey Report (from Widening)
Caltrans review of Technical Studies
CEQA
Administrative Draft IS!MND
City Review
Prepare Draft IS/MND
Public Review Draft ISIMND
Prepare City Council Adoption Materials
Notice of Determination
NEPA
Caltrons Prepare CE
Permitting
Section 404 Nationwide Permit
Seciton 401 Certification
Right of Way Activities
Right-of-Way Appriasal and Acquisition
o days
45 days
4 wks
•O days
4wks
!wk
0days
70 days
Mon 8115/22 Mon 8/15/22 '4
Tue 8/16/22 :Mon 10/17/2,
Tue 8/16122 Mon 9112122 S
•Mon 9112/22 Mon 9/12/22 7
Tue 9113/22 Mon 10/10/228
Tue 10111/22 Mon 10/17/22 9
Mon 8/15/22 Mon 8/15/22
Tue 9/13/22 Mon 12/19/2,
6 wks Tue 9/13/22 Mon 10/24/2;7
4 wks Tue 10/25/22 Mon 11121/22 21
4 wks Tue 11/22/22 Mon 12119/22 22
332 days Tue 9/13/22 Wed 12/20/2
50 days Tue 9/13/22 Mon 11/21122
2wks
2wks
2 wks
4 wks
0 days
70 days
Bwks
10wks
10 wks
10 wks
Tue 9113122 Mon 9/26122 1,7
Tue 9127122 Mon 10/10122 26
Tue 10111122 Mon 10/24122 27
Tue 10125122 Mon 11121122 28,10
Mon 11121122 ·Mon 11/21/22 29
;Tue 11/22/22 Mon 2127/23
Tue 11/22/22 Mon 1116/23 30
Tue 11122/22 Mon 1/30/23 30
Tue 11/22/22 Mon 1/30/23 30
Tue 11122/22 Mon 1130123 30
4 wks Tue 1/31/23 Mon 2/27 /23 32,33,34,35
132 days Tue 1/31/23 Wed 8/2/23
6 wks
4wks
4wks
4wks
4 wks
30 edays
20 days
Tue 1131123
Tue 3/14/23
Tue 4111123
Tue 5/9123
Mon 3113123 35
Mon 4110/23 38
Mon 5/8/23 39
Mon 6/5123 40
Tue 6/6/23 Mon 713123 41
Mon 7/3/23 Wed 8/2/23 42
Tue 2/28/23 •Mon 3/27 /23
4 wks Tue 2/28/23 Mon 3/27/23 36
100 days Thu 8/3/23 Wed 12/20/2
20wks
20 wks
437 days
.222 da.r_s
Thu 8/3/23 Wed 12/20/2,43
Thu 813/23 Wed 12/20/2,43
Mon 8/15/22 Wed 4/17/24
Tue 3114/23 Wed 1/17124
•
. ---y--:

Project: Schedule - Pioneer-Ort I Non Critical r-== ---, Milestone ♦ Date: Thu 7 /7 /22
Summary Critical

Page 1 ends

123

PIONEER - ORTIGALITA
Project Schedule
ID ~ ask Name I Duration 1start !Finish IPredecesso 122 "" 1, •• 1.,.,1 l, •.. .1, .. :ffu1 '""l<e"l "rl 1.. 1~ 2024 l 0 l<JW~,11 .. I" Jan IF-•lu ,J.&i,.!M,y!Juo I Jul IAuals.ul 0ct!Novli)~ J•n tF,,bfMarlAor jMaylJ 51 Prepare Plats and Legals 6wks Tue 3/14123 Mon 4/24123 63 ~- L 52 Appraisal Bwks Tue 4125/23 Mon 6/19/23 51 c=::::,--- 53 Acquisition 6mons Thu 813123 Wed 1117124 51,43,45
I
- I I
54 Utility Coordination '437days Mon 8/15/22 Wed 4f17f24' I - 55 Obtain As-Builts [Complet e] 0 days Mon 8115/22 Mon 8/15122 1 • -56 Liability Determination Swks Tue 10/18/22 Mon 11/21/22 55,10 '- 1 ~7
- 57 Utility Conflict Mapping 4wks Tue 3/14123 Mon 4/10/23 56,63 ~p - i'- -= 58 Coordinate Relocation Plans 20 wks Tue 4/11/23 Mon 8/28/23 57 59 Send Notice to Owners 3wks Thu 1118/24 Wed 217124 58,53 - 60 Utility Relocation 10 wks Thu 2/8124 Wed 4/17124 59 >-- 61 Final Design 367days Tue 11/22f22Wed 4/17/24 >--
62 60% PS&E Submittal 100 days Tue ll/22f22 Mon 4/10/23 1--- -63 60% PS&E preparation 16wks Tue 11/22/22 Mon 3113/23 10,17,21,56 - - I - 64 60% PS&E submittal 0 days Mon 3113123 'Mon 3113123 63 65 60% PS&E review 4wks Tue 3/14/23 Mon 4/10/23 64
66 90% PS&E Submittal 85 days ·Tue 4/11/23 Mon 8/7/23 I - 67 Review 60% comments 1wk Tue 4/11123 Mon 4/17/23 65 - ~ ~ 10
68 90% PS&E preparation 12wks Tue 4/18123 Mon 7/10123 67,23,19 - I 69 90% PS&E submitta l 0 days Mon 7110/23 Mon 7110123 68 70 90% PS&E review 4wks Tue 7/11123 Mon 817 /23 69 1 71 100% PS&E Submittal 45 days Jue 8/8/23 Mon 10/9/23 l_' - 72 Review 90% comments 1 wk Tue 8/8/23 Mon 8/14/23 70 - 73 100% PS&E preparation Swks Tue 8/15/23 Mon 10/9/23 72 i==, - ;' 1-0/D 74 100% PS&E submittal 0 days Mon 10/9/23 Mon 1019123 73 - .... 75 Right of Woy Certificotion 4wks Thu 2/8/24 Wed 316124 74,53,47,48,l 76 E-76 Authorization 6 wks Thu 317/24 Wed 4117124 75 1 ~ - - 77 Bidding Assistance and Construction Support 250 days ' Thu 5/16/24 Wed 4/30/2! I ·--78 Bidding Phase ,SO days Thu 5/16/24 Wed 7/24/2.d.
-
~ - 79 Advertise Project 4 wks Thu 5/16124 Wed 6112124 76FS•4 wh 80 Award Project 6 wks Thu 6113124 Wed 7124124 7<J I - 81 Construction Support 180 days Thu 8/22(24 Wed 4/30/2! ;. - 82 Construct Improvements 9mons Thu 8/22/24 Wed 4/30125 BOFS+4 wh, Project: Schedule - Pioneer-Ort I Non Critica l L..---==: Mile§tone, ♦ Summary Critical - Date: Thu 7 /7 /22

Page 2 ends

124
LOsBanos
At thE· ( , -of Caltfon1ia
Agenda Staff Report
TO:

FROM:

DATE:

Mayor & City Council Members
Brent Kuhn, Interim Finance Director
August3,2022
SUBJECT: Council Member Request Regarding an Overview of the Los Banos Downtown Business and Improvement District (LBDPBID) Financials (Council Member Lewis)
TYPE OF REPORT: Agenda Item
Recommendation:

That the City Council review and discuss the findings of the Finance Department's review of the LBDPBID financials.

Discussion:

At the April 6, 2022 City Council Meeting, Council Member Lewis requested that this item be placed on the agenda to receive information regarding the LBDPBID financial activities. Finance will present their findings for review and discussion.

Fiscal Impact:
fiscal impact to the City.
125

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126
T Cityof B LOS . anos
Agenda Staff Report
TO: Mayor Faria and City Council Members
FROM:

DATE:

Stacy Souza Elms, Community and Economic Development Director ~ August 3, 2022
TYPE OF REPORT: Agenda Item
SUBJECT: Consideration of the Los Banos Downtown Property and Business Improvement District (LBDPBID) Annual 2.5% Increase
Recommendation:

That the City Council would review and discuss the findings of the Finance Department's review of the LBDPBID and provide direction to staff regarding the annual 2.5% assessment increase as provided in the PBID Annual Report.

Background:

On April 6, 2022, the Los Banos City Council approved the PBID Annual Report as submitted with the provision that the Finance Department provide a financial overview of the PBID financials before the annual 2.5% assessment increase could be implemented, and the item was to be brought back to the City Council.

Discussion:

The Interim Finance Director, Brent Kuhn has reviewed the LBDPBID financials and has attached a staff report to discuss the findings of the Finance Department's review. 1 127
Reviewed by:
2 128
LOsBanos
Agenda Staff Report
TO: Mayor & City Council Members
FROM: Greg Wellman, Interim City Manager
Lucy Mallonee, MMC ~
City Clerk/Human Resources Director
DATE: August 3, 2022
SUBJECT: City Manager Recruitment Services
TYPE OF REPORT: Agenda Item
Recommendation:

Direction from the City Council on how to proceed.

Discussion:

At the July 20, 2022 Council Meeting direction was given to staff to schedule interviews with the three (3) firms who submitted Request for Proposals for a future Council Meeting:
• Koff & Associates
• ProRecruiters
• Sectaris Partners
Staff reached out to the three (3) firms to see if they were available to be in attendance at the August 3, 2022 for the interviews; one (1) was available to attend in-person but the other two (2) would need to attend remotely through video conference (Zoom).

The Council Chambers meeting technology does not allow for both in-person and remote attendanc. After checking with IT staff regarding a change to the current meeting technology, Staff learned it would take many months to accomplish. 129
Staff has also followed-up with the three (3) firms to confirm their availability, for which they are all available the month of August, Monday-Thursday at 6:00 PM except for the the dates of August 21-24, 2022.

Background:

In April 2021, the City Council conducted Recruitment Firm interviews remotely at an adjourned meeting and the process was agreed upon as follows:
"Interview Process:

1. Interviews of each recruitment firm will take place at a public meeting via the Zoom meeting platform. Each firm is required to have the appropriate electronic device to appear by video with audio. The City Clerk shall provide each firm with the appropriate log in information prior to the meeting.

2. Each of the recruitment firms will be interviewed separately and allowed into the Zoom meeting at their pre-determined interview time, which will be previously set by the City Clerk.

3. Each of the recruitment firms will introduce themselves at the beginning of their interview and then Council Members will ask the pre-determined number of questions (up to 3 questions from each Council Member) that they sent to the City Clerk prior to the meeting." Selection Process:

The selection will be made by ranking the firms in order of preference - 1, , 3, 4 and the firm with the lowest total will be selected.

Staff report from July 20, 2021
130
TO:

FROM:

DATE:

LOsBanos
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:

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 131
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. 132
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 KY\ D2CiYY\O.a =frA f!tl D a± lluhn
Brent Kuhn, Interim Finance Director
Attachments:

Request for Proposal
Proposals
lm/ n, Interim City Manager
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134
LOsBanos
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.
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136

REQUEST FOR PROPOSALS
City Manager Recruitment Services
RELEASE DATE: Tuesday, June 28, 2022
CLOSING DATE/TIME: Tuesday, July 12, 2022 at 5:00 P.M.

The proposer must submit one (I) 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 ofretail 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 137
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 brief resume 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.
138
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.
139

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140

EXECUTIVE RECRUITMENT SERVICES

CITY M AGE
c 1rv OF LOS B N
A Gallagher Company
141
Koff & As ociat 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
2835 Seventh Street, Berkeley, California 94710 I 510.658.5633 I KoffAssociates.com 143
Koff & Associates
A Gallagher Company

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.
r·. We build enduring . t_ : ~relationships ·•
We value strength in
diversity
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);
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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 Cu rrent/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 Executive Director 2021 Management Authority 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 District 2019 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 S.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 - SCAOA 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
Oxnard, City of Lisa Baker
Assistant Director, Human Resources
Public Works Director, Asst. Public Works Director (2), Chief 805.385.7596 Financial Officer, Purchasing Manager, Controller, [email protected] Communications & Marketing Manager, Assistant City Attorney, 4300 W. Third Street Civil/Traffic Engineers Oxnard, CA 93030
San Bernardino, City of Edelia Eveland
Assistant City Manager
Director of Community & Economic Development, 909.384.5262 Chief of Police, Director of Human Resources, eveland ed@bsbcit}'..org Director of Animal Services, Finance Director 290 North 'D' Street San Bernardino, CA 92401
Berkeley, City of Paul Buddenhagen, Deputy City Manager Liam Garland, Public Works Director
Director of Health, Housing, and Community Services, Public 510.981.7014 Works Director, Deputy City Attorney(s), Manager of !;!buddenhagen@cit}'.ofberkele}'..info Engineering, Operations Manager(s) 510.981.6303
lgarland@citvofberkele~.info
2180 Milvia St
Berkeley, CA 94704
Salinas, City of Marina Horta-Gallegos
Human Resources Director
City Manager 831.758.7417
Finance Director [email protected]
200 Lincoln Avenue
Salinas, CA 93901

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PRICING PROPOSAL
•Project ,
• 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
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. 160
► 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 vario_us
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 161
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 .QQ1 be contacted in the early stages of the recruitment) to:
https:llkoffassociates.com/city-manager-4/
Resumes should reflect years fil1Q 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 I Carlo Zabala
(51 O) 495-0448 / (510) 342-3233
fro [email protected] I [email protected] Website: https://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.
162
•
e SECTARIS

PARTNERS

STRATEGIC PLANNING

DEVELOPMENT

PROJECT MANAGEMENT
v .. ,ww.scctaris.partncrs
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
163
Sectaris Partners is pleased to offer this proposal to the City of Los Banos for city manager recruitment services.

Sectaris Partners is a flrm 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 flrm strongly believes in transparency and accountability, both for ourselves and for the candidates we field 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 profile 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. 164
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 S.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 S.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. 165

THIS PAGE IS INTENTIONALLY LEFT BLANK
166

PRO RECRUITERS
City of Los Banos

REQUE T FO P OPO LS FO

CITY MANAGER EC UI ENT
PREPARED BY: PART TIME PROS LLC, OBA 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 7 4135
167
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 of 21 2 3
4 4
5 6
6 8
16 16
17 17
17 18
19 20
168
~
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 DE C-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 21 169
~ 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 21 170
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 21 171
~ References
Client Name:

Address:

Contact:

Phone:

Email:

Length of Service:

Services Provided:

Client Name:

Address:

Contact:

Phone:

Email:

Length of Service:

Services Provided:

Client Name:

Address:

Contact:

Phone:

Email:

Length of Service:

Services Provided:

Client Name:

Address:

Contact:

Phone:

Email:

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 21 172
~ roles for all sorts of positions. Over the past eight (8) years, Liz has worked on at least 1 O 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
918-884.7714 [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 Linked In 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 21 173
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 I Linked In
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 Linked In """' """'"' Directof of Business
Development
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lnvuldng/Paymll Team
Administration TeSample Work Products
ProRecru iters
Organizational Chart
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GeneralMana,e,
BeokyMurphy
VP of Recruitment and
Talent Systems
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Proposal wrttt111 Team
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 21 174
DIRECT □ PROFILE CONTRACT □ Date. ___________ _ Associate _________ _ Last Name First MI Prev. Name Horne Phone cell Phone
Address City State Werk Phone May We Text Yoo?
Have You Ever Worked With A Recruiter Befere? Email Address Best Time For Interviews? (Circle one or more) Days: M T W T F Times: A.M. Lunch P.M. 5:00 on All Day EDUCATION:

SOFTWARES USED:

PROFESSIONAL REFERENCES: (Supervisors, Co-Workers, Clients, Subordinates) NAME COMPANY OF CO-WO~ POSffiON HELD BUS. PHONE HOME PHONE 1)
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 I Pl . d" . h h d I to emp ovment. ease in 1cate any companies you ave seen or are sc e u ed to see. 1) 4)
2) 5)
3) 6)

GENERAL INFORMATION
Have you ever been convicted of a felony? YES D NOD When? ____ Disposition? _ ___________ _ Conviction wiU not necessarily disqualify for hire
Do you have the legal right to work in the United States? YES □ NO □ Do you require visa sponsorship? YES O NO 0
175
Emolovment History: (starting with the most recent)
Company I Name of Supervisor I Supervisor's Til:le
Core Business & Product
Motivation For Change I Starting Salary Present Salary Next Raise Dates Employed I Position Hired For Tltle Of Last Position I How Long rn 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?
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 PositJon 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?
176
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 Refoeation 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
177
EXTRA NOlES HERE!
Honesty Immediate Feedback Decisiveness Who Do You Know? 178

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 Touch points 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 erijoyect worl<ing with them! They were professional, thorough, and communicated. very w~II. I've wor,ked with a number of firms and ProRecruiters was the one that provided us.with tile oest communication throughout the search. We worked with Becky and and would highlY. recommend her and ProRecruiters! " '' Curtis H. Client. PwRecruiters 179

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
prorecru iters.com
• Temporary
• Temporaryto-Hire
• Direct Hire

PRORECRUITERS
An Array Company
• Mass Hiring
Projects
• Payroll Services
• Managed Services
''
180

PRORECRUITERS
Partnering in job matches that last.
1326 East 43rd Court, Suite 200 • Tulsa, OK 7 4105
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 Questions

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 Timel ine
(Subject lo cl,ange and only an approximate t1meline)
Submlssron 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 Timeline of the City The City interviews finalists & makes offer * Per Timeline of the City Candidate First Day • Per Timeline 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 Linkedln). 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 21 182
~
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 21 183
• 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 21 184
~ 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 21 185
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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 21 186
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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 21 187

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TO:

FROM:

DATE:

LOsBanos
At lhe 1 o · I of Cal~f ontia
Agenda Staff Report
Mayor & City Council Members
Brent Kuhn, Interim Finance Director
August 3, 2022
SUBJECT: Council Member Request Regarding an Overview of City Insurances (Council Member Lambert)
TYPE OF REPORT: Agenda Item
Recommendation:

That the City Council review and discuss the insurance information provided by the Finance Department, and provide further direction to staff if needed.

Discussion:

At the July 6, 2022 City Council Meeting, Council Member Lambert requested that this item be placed on the agenda to receive information regarding City insurances. The following are the insurance policies carriers of the City of Los Banos:

1. Central San Joaquin Valley Risk Management Authority (Pooled Insurance)

2. CalPERS (Health Insurance)

3. Premier Access (Vision and Dental Insurance)

4. Sun Life Insurance (Life Insurance)

5. Indian Harbor Ins. Co. (Public Officials Management & Employee Practices Liability)

6. ACE Property & Casualty Ins. Co. (Airport Owners & Operators General Liability) The Interim Finance Director is prepared to answer specific questions from council members.
189
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LOsBanos
uia

COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT
Date: July 29, 2022
Regarding: Notice of Public Hearing
Proposal: Tentative Parcel Map #2022-01 - Pintail, LLC
NOTICE IS HEREBY GIVEN THAT a Public Hearing will be held by the Los Banos Planning Commission to consider a Categorical Exemption from the California Environmental Quality Act (CEQA) pursuant to Section 15315, Minor Land Divisions and a Tentative Parcel Map #2022-01 to divide an approximate

9.97 acre parcel into two (2) parcels. The proposed project is located within the Highway Commercial Zoning District at 1725 W. Pacheco Blvd., more specifically identified as Assessor's Parcel Number: 430-010-004.

A PUBLIC HEARING on this matter will be held at the next scheduled meeting of the Los Banos Planning Commission on Wednesday, August 10, 2022 at 6:00 p.m. in the Council Chambers of Los Banos City Hall, located at 520 "J" Street, Los Banos, California. Questions regarding the above-referenced item may be directed to Rudy Luquin, Associate Planner, at City Hall or at (209) 827-2432.

All persons are invited to be present at the public hearing. Written and oral testimony is invited. Notice is hereby further given that if you challenge the above described Project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this Notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing.

Additional information may be obtained from the Community & Economic Development Department at 520 J Street, Los Banos, California. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Office of the City Clerk at (209) 827-7000. Notification at least 72 hours prior to the public hearing will enable the City to make reasonable arrangements-to allow participatio_n at this hearing 191
LOsBanos
ali/01 nift

COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT
Date: July 29, 2022
Regarding: Notice of Public Hearing
Proposal: Mobile Food Vendor Permit #2022-11 - Jadiel Perez (dba El Grullense Jal #7)
NOTICE IS HEREBY GIVEN THAT a Public Hearing will be held by the Los Banos Planning Commission to consider a Categorical Exemption from the California Environmental Quality Act (CEQA) and a Mobile Food Vendor Permit #2022-11 to allow the operation of a mobile food vending vehicle on private property for Jaidel Perez dba El Grullense Jal #7. The subject property is located within the Highway Commercial Zoning District at 2220 E. Pacheco Blvd., more specifically identified as Assessor's Parcel Number: 428-160-029.

Additiona_l information may _be obtained from the Community & Economic Development Department at 520 J Street, Los Banos, California. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Office of the City Clerk at (209) 827-7000. Notification at least 72 hours prior to the public hearing will enable the City to make reasonable arrangements to allow participation at this hearing R~dy Luq
Associate Planner
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LC>sBanos •· flu·< .,o.:s,wul olifo, nill

COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT
Date: July 29, 2022
Regarding: Notice of Public Hearing
Proposal: Mobile Food Vendor Permit #2022-10 -Antemio Cortes Jr. (dba Taco Mex)
NOTICE IS HEREBY GIVEN THAT a Public Hearing will be held by the Los Banos Planning Commission to consider a Categorical Exemption from the California Environmental Quality Act (CEQA) and Mobile Food Vendor Permit #2022-1 O to allow the operation of a mobile food vending vehicle on private property for Antemio Cortes Jr. dba Taco Mex The subject property is located within the General Commercial Zoning District at 740 G St., more specifically identified as Assessor's Parcel Number: 025-111-021.

Additional information may be obtained from the Community & Economic Development Department at 520 J Street, Los Banos, California. In compliance · with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Office of the City Clerk at (209) 827-7000. Notification at least 72 hours prior to the public hearing will enable the City to make reasonable arrangements to allow participation at this hearing T C
udy
Associ ,-a-1o-~
193
LOsBanos
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COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT
Date: July 29, 2022
Regarding: Notice of Public Hearing
Proposal: Cottage Food Operation #2022-03 - 2575 Canvasback Dr.

NOTICE IS HEREBY GIVEN THAT a Public Hearing will be held by the Los Banos Planning Commission to consider a Categorical Exemption from the California Environmental Quality Act (CEQA) Pursuant to Section 15301, Existing Facilities, and Cottage Food Operation #2022-03 for Claudia Gonzalez at 2575 Canvasback Dr., more specifically identified as Assessor's Parcel Number: 084- 192-008.

Additional information may be obtained from the Community & Economic Development Department at 520 J Street, Los Banos, California. In compliance with the Americans with Disabilities Act, if you need special assistance to . . . · participate in this meeting, please contact the Office of the City Clerk at (209) 827-7000. Notification at least 72 hours prior to the public hearing will enable the City to make reasonable arrangements to allow participation at this hearing ldyl Associate Planner
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LOsBanos

COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT
Date: July 29, 2022
Regarding: Notice of Public Hearing
Proposal: Conditional Use Permit #2022-08-Type 47 Alcohol License NOTICE IS HEREBY GIVEN THAT a Public Hearing will be held by the Los Banos Planning Commission to consider Conditional Use Permit #2022-08 and a Categorical Exemption from the California Environmental Quality Act pursuant to Section 15301, Existing Facilities, to allow the use of a Type 47 Alcohol License for the on-sale of General Alcohol for Jungle Jim's Adventure Lanes, located at 923 W. Pacheco Blvd., more specifically identified as Assessor's Parcel Number 431-020-002.

THE CIT LOS BANOS
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Los Banos City CouncilAugust 3, 2022

Los Banos City Council
August 3, 2022