1. LOsBanos
\1 the c,ossroacls of CalUcn 111a
www.losbanos.org
AGENDA
CITY COUNCIL MEETING
CITY HALL COUNCIL CHAMBERS
520 J Street
Los Banos, California
OCTOBER 5, 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 /lame a la oficina de la Secretaria de la ciudad al (209) 827-7000 a lo menos de 48 horas previas de la junta.
La Cuidad de Los Banos cumple con la Acta de Americanos con Deshabilidad (ADA) de 1990.
Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the meeting and in the City Clerk's office located at City Hall, 520 J Street, Los Banos, California during normal business hours. In addition, such writings and documents may be posted on the City's website at www.losbanos.org.
* * * * * * * ** * * * * * * *
Cualquier escritura o los documentos proporcionaron a una mayoria def Ayuntamiento respecto a cualquier articu/o en este orden def dia sera hecho disponible para la inspecci6n publica en la reunion y en la oficina de la Secretaria de la ciudad en City Hall, 520 J Street, Los Banos,
California durante horas de oficina norma/es. Ademas, tales escrituras y /os documentos pueden ser anunciados en el website de la ciudad en www.losbanos.org.
CALL TO ORDER - October 5, 2022 6:00 PM
2. PLEDGE OF ALLEGIANCE.
3. ROLL CALL: (City Council Members)
Jones __ , Lambert __ , Lewis __ , Llamas __
4 . CONSIDERATION OF APPROVAL OF AGENDA.
Los Banos City Council Agenda - October 5, 2022 Page 1 of 5 1 5. PRESENTATIONS.
A. City Council Resolution No. 6557 - A Resolution of Commendation to Manuel Thomas Faria Ill.
Recommendation: Adopt the resolution as submitted.
B. Proclamation - Recognizing October 2022 as Breast Cancer Awareness Month.
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 #235085 - #235287 in the Amount of $2,009,119.97.
Recommendation: Approve the check register as submitted.
B. Minutes for the September 21, 2022 City Council Meeting.
Recommendation: Approve the minutes as submitted.
C. City Council Resolution No. 6558 - 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.
D. City Council Resolution No. 6559 - Awarding the Bid for the Purchase of a New 2023 Full-Size Sport Utility Vehicle (SUV); Authorize the Public Works Director/City Engineer to Issue the Purchase Order to Santos Ford in the Amount of $56,412.51.
Recommendation: Adopt the resolution as submitted.
E. City Council Resolution No. 6560 - Approving and Accepting Parcel Map No. 2021-03 for the Minor Subdivision of Approximate 7.57 Acre Parcel into Three (3) Parcels within the Highway Commercial Zoning District Located at the Northeast Corner of Mercey Springs Road and Overland Avenue, Along with the Dedications of Two (2) Public Utility Easements Located South of Overland Avenue and East of Mercey Springs Road, APN 424-120-024 (Love In An Elevator, LLC).
Recommendation: Adopt the resolution as submitted.
F. City Council Resolution No. 6561 - Approving the Acceptance of a $50,000 Grant (PT23126) From the California Office of Traffic Safety (OTS) and Los Banos City Council Agenda - October 5, 2022 Page 2 of 5 2 Amending the 2022-2023 Fiscal Year Budget by Increasing the Appropriation Amount of the State Grant Fund Account for Expenditures and Revenues in the Amount of $50,000.
Recommendation: Adopt the resolution as submitted.
G. City Council Resolution No. 6562 - Ratifying the Interim City Manager's Approval of the Employment Agreement with the Fire Chief Paul Tualla.
Recommendation: Adopt the resolution as submitted.
8. PUBLIC HEARING. (If you challenge the proposed action as described herein in court, you may be limited to raising only those issues you or someone else raised at the public hearing described herein or in written correspondence delivered to the City at, or prior to, the public hearing.)
A. Public Hearing - To Receive Public Comment and Consideration of a Conditional Use Permit #2022-09 and a Categorical Exemption from the California Environmental Quality Act (CEQA) Pursuant to Section 15301, Existing Facilities, to Allow the Use of a Type 41 Alcohol License for the OnSale of Beer and Wine for a Bona-Fide Eating Place, The Roundup Sports Bar, Located at 830 I Street, APN 026-143-003.
1) City Council Resolution No. 6563 - Finding the Proposed Project to be Categorically Exempt from the California Environmental Quality Act Pursuant to Section 15301, Existing Facilities and Approving Conditional Use Permit #2022-09 to Allow for the On-Sale of Beer and Wine Under a Type 41 Alcohol License at 830 I Street, More Specifically Identified as APN 026-143-003.
Recommendation: Receive staff report, open the public hearing, receive public comment, close the public hearing, and adopt the resolution as submitted.
B. Public Hearing - To Receive Public Comment and Consideration of an Amendment to the City of Los Banos Building Code Ordinance by Adoption by Reference the California Building Code 2022 Edition and Related 2022 Edition Codes.
1) Ordinance No. 1199 - Adopting by Reference the Building Code, the 2022 Edition of the California Building Code, the 2022 Edition of the California Energy Code, the 2022 Edition of the California Historical Building Code, the 2022 Edition of the California Reference Standards Code, the 2022 Edition of the California Electrical Code, the 2022 Edition of the California Mechanical Code, the 2022 Edition of the California Administrative Code, the 2022 Edition of the California Existing Building Code, the 2022 Edition of the California Green Building Standards Code, the 2022 Edition of the California Residential Code, and the 2022 Edition of the California Plumbing Code by Amendment to Title 8 Chapter 1 of the Los Banos Municipal Code. (First Reading & Introduction) Los Banos City Council Agenda - October 5, 2022 Page 3 of 5 3 2) Ordinance No. 1200 - Adopting by Reference the 2022 Edition of the California Fire Code by Amendment to Title 4 Chapter 3 of the Los Banos Municipal code and Adoption of Local Amendments Thereto. (First Reading & Introduction)
Recommendation: Receive staff report, open public hearing, receive public comment, waive the first readings and introduce the ordinances as submitted.
9. CONSIDERATON OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 6564-
FILLING THE VACANCY OF THE OFFICE OF MAYOR BY APPOINTMENT TO SERVE THE UNEXPIRED TERM OF THE INCUMBENT.
Recommendation: Receive staff report and direction on how to proceed.
10. NOTICE AND ANNOUNCEMENT OF VACANCIES FOR THE FOLLOWING CITY COMMISSIONS/COMMITTEES:
A. Airport Advisory Commission - Four (4) Vacancies
Three (3) Two (2) Year Terms - Expiring December 31, 2024 One (1) Unexpired Term - Expiring December 31, 2023
8. Measure H Citizens' Oversight Committee - Three (3) Vacancies Three (3) Two (2) year Terms - Expiring December 31, 2024 C. Measure P Committee - Four (4) Vacancies
Three (3) Three (3) Year Terms - Expiring December 31, 2025 One (1) Unexpired Term - Expiring December 31, 2023
D. Parks & Recreation Commission - Three (3) Vacancies
Three (3) Two (2) year Terms - Expiring December 31, 2024 E. Planning Commission - Three (3) Vacancies
One (1) Vacancy in District 2 - Expiring December 31, 2026 One ( 1) Vacancy in District 3 - Expiring December 31, 2026 One (1) At-Large Vacancy- Expiring December 31, 2024
F. Tree Commission - Two (2) Vacancies
Two (2) Two (2) Year Terms - Expiring December 31, 2024 Recommendation: Informational item only, no action to be taken.
11. ADVISEMENT OF PUBLIC NOTICES. (One Report)
Recommendation: Informational item only, no action to be taken.
12. CITY MANAGER REPORT.
Recommendation: Informational item only, no action to be taken.
Los Banos City Council Agenda - October 5, 2022 Page 4 of 5 4 13. REPORT/UPDATE ON MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG), PENINSULA CLEAN ENERGY (PCE), AND MEASURE V COMMITTEE.
Recommendation: Informational item only, no action to be taken.
14. CITY COUNCIL MEMBER REPORTS.
A. Deborah Lewis
B. Refugio Llamas
C. Brett Jones
D. Kenneth Lambert
15. ADJOURNMENT.
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing enda was posted on t ity Hall bulletin board not less than 72 hours prior to the meeting.
Dated this 30th day of September 2022
Los Banos City Council Agenda - October 5, 2022 Page 5 of 5 5 THIS PAGE IS INTENTIONALLY LEFT BLANK
6 LOsBanos
At the Crossroads of California
RESOLUTION NO. --
A RESOLUTION OF COMMENDATION TO
MANUEL THOMAS FARIA Ill
WHEREAS, MANUEL THOMAS FARIA Ill was elected as Council Member of Los Banos on November 27, 2006 and Mayor of Los Banos on December 2, 2020; and WHEREAS, MANUEL THOMAS FARIA Ill has faithfully served the City of Los Banos and its City Council for 14 years as Council Member and the last two years as Mayor; and WHEREAS, by his devotion to his duties MANUEL THOMAS FARIA Ill has greatly contributed to the governmental process of the City of Los Banos.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Los Banos that it hereby expresses its sincere gratitude and appreciation to MANUEL THOMAS FARIA Ill for his service to the City of Los Banos in his capacity of Council Member and Mayor.
BE IT FURTHER RESOLVED that an embossed copy of this resolution be presented to MANUEL THOMAS FARIA Ill.
The foregoing Resolution was adopted at a regular meeting of the City Council of the City of Los Banos held on the 5th day of October 2022 by the following affirmative vote:
APPROVED:
Kenneth Lambert, Mayor Pro Tern
Council Member - District 1
Refugio Llamas
Council Member - District 2
Brett Jones
Council Member - District 3
Deborah Lewis
Council Member - District 4
7 ATTEST:
Lucille L. Mallonee, City Clerk
Gregory B. Wellman, Interim City Manager
8 LOsBanos
At tlu ( ms~wmls ,~{ C.e1lifm 11ie1
PROCLAMATION
RECOGNIZING OCTOBER 2022 AS
BREAST CANCER AWARENESS MONTH
WHEREAS, other than skin cancer, breast cancer is the most common cancer among American women. Most breast cancers are found in women who are 50 years or older, but breast cancer also affects younger women; and
WHEREAS, in 2022, an estimated 287,500 new cases of breast cancer will be diagnosed in women in the United States as well as 51,400 new cases of non-invasive breast cancer; and
WHEREAS, men also get breast cancer, but it is not very common. About 1 out of every 100 breast cancer cases diagnosed in the United States is found in a man; and WHEREAS, risks of getting many common kinds of cancer, including breast cancer, can be lowered by making healthier choices, having regular screenings, and getting certain types of vaccines.
NOW, THEREFORE, BE IT PROCLAIMED that the Mayor Pro Tem and City Council Members of the City of Los Banos do hereby recognize October 2022 as Breast Cancer Awareness Month and encourage all women and men to educate themselves and partake in preventative measures that aid in lowering the risks of obtaining any type of cancer.
BE IT FURTHER PROCLAIMED that the Mayor Pro Tem and City Council Members of the City of Los Banos do hereby remember and commemorate the lives that have been lost to this deadly disease.
In witness whereof, I have hereunto set my hand
and caused to be affvced the seal of the City of Los
Banos, this 5th day of October 2022.
APPROVED:
Kenneth Lambert, Mayor Pro Tem
ATTEST:
Lucille L. Mallonee, City Clerk
9 THIS PAGE IS INTENTIONALLY LEFT BLANK
10 CK # 235085 - # 235287 10/05/2022 $2,009.,119.97
Bank Reconciliation
Checks by Date
User: jgwright
T Cityof B LOS anos
Printed: 09/28/2022 - I 0:5 I AM
Cleared and Not Cleared Checks
Print Void Checks
Check No Check Date Name
235086 9/16/2022 Mark Thomas & company. Inc.
235087 9/16/2022 Merced Sun Star
235088 9/16/2022 Miguel A Morales
235089 9/16/2022 Gregory Wellman
235090 9/16/2022 Xerox Financial Services
235091 9/16/2022 Amerigas Propane, LP
235092 9/16/2022 American Water Works Assn
235093 9/16/2022 Aramark Uniform Ser Inc
235094 9/ 16/2022 AramarkUniform & Career Apparel Group, Inc. 235095 9/16/2022 AT&T Mobility
235096 9/16/2022 AT&T
235097 9/16/2022 AT&T
235098 9/16/2022 Michael George Bonillas
235099 9/16/2022 Brinks Inc.
235100 9/16/2022 Bruce's Tire Inc
235101 9/16/2022 BSK Associates
235102 9/16/2022 CENCAL Machine & Fabrication Inc.
235103 9/16/2022 Central Valley Cardiovascular Group Inc. 235104 9/16/2022 Clark Pest Control Inc
235105 9/16/2022 Copy Shipping Solutions
235106 9/16/2022 CSG Consultants Inc.
235107 9/16/2022 Lamar A. Cummings
235108 9/1 6/2022 Delta Wireless, Inc.
235109 9/16/2022 Don's Mobile Glass, Inc.
2351 JO 9/16/2022 Federal Express Corporation
235111 9/16/2022 Galls Inc
235112 9/16/2022 Garton Tractor Inc
235113 9/16/2022 Halo Branded Solutions Inc.
235114 9/16/2022 Holt of California
235115 9/1 6/2022 Home Depot
235116 9/16/2022 Krazan & Associates
235117 9/16/2022 Laboratory Corporation of America Holdings 235118 9/16/2022 Lowe's
235119 9/16/2022 Lucas Business Systems
235120 9/16/2022 Mark Thomas & company. Inc.
235121 9/1 6/2022 Marfab Inc
235122 9/16/2022 Merced MRI Medical Group
235123 9/1 6/2022 Merced Truck & Trailer Inc
235124 9/16/2022 Mid-Valley Disposal LLC
235125 9/16/2022 Genevieve Martinez
235126 9/16/2022 N & S Dos Palos Tractor
235127 9/16/2022 NDN International LLC
235128 9/16/2022 OSE
Modul Void
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
Amount
2,365.77
329.44
3,050.00
25 .76
2,464.46
123.19
3,042.00
1,303.64
567.04
224.31
101.45
68.84 1,000.00
1,691.13
2,659.66
403.00
1,614.71
460.00
170.00
105.91
920.00
295.60
1,464.50
767.03
17.28 607.47
18,727.56
375.62
490.62
3,702.14
1,728.25
36.47 2,908.52
427.18
20,535.12
18.00 130.00
158.84
257,173.16
500.00
99.28 344.18
24.93 11
235129
9/ 16
/2022 O'Reilly Auto Parts AP 62.13
235130 9/ 16
/2022 Pevo Sports Co. AP
3,860.00
235131
9/ 16
/2022 Premier Training Services, LLC AP 450.50
235132 9/16
/2022 Riggs Ambulance Service AP 453
.03
235133 9/16
/2022 SJVAPCD AP 241.00
235134
9/ 16
/2022 Safe T Lite of Modesto, Inc. AP 4,116.54
235135 9/16/2022 Safety-Kleen Systems, Inc. AP 4,177.32 235136
9/ 16/2022 Sarah Sanchez AP 431.64
235137
9/16
/2022 Save Mart Supermarkets AP 108.26
235138
9/16
/2022 SIJ Holdings, Inc AP
2,980.95
235139
9/ 16
/2022 Special Services Group, LLC AP
1,200.00
235140
9/ 16/2022 Sorensens True Value AP 270
.82
235141
9/16
/2022 Swinerton Builders AP 651,719.45
235142
9/16/2022 TargetSolutions Learning LLC AP
2,124.00
235143 9/16
/2022 Tractor Supply Credit Plan AP I 31.47
235144
9/16
/2022 Meritage Homes AP 176
.28
235145 9/16
/2022 Elia Prieto AP 80.82
235146
9/16
/2022 Margarita Alvarez AP 41.12
235147 9/16
/2022 Blossom Valley Realty, JR Souza AP I 01.87
235148
9/ 16
/2022 Jessica Chavez AP 81.74
235149 9/16/2022 Hamam Bhullar AP 24
.72
235150 9/16
/2022 Benjamin Alvarez AP 1.87
235151 9/16
/2022 RBG Construction AP I 71.91
235152 9/16
/2022 RBG Construction AP 166
.32
235153 9/ 16/2022 RBG Construction AP 168
.20
235154
9/16
/2022 RBG Construction AP 149.04
235155 9/16/2022 RBG Construction AP 169.27
235156
9/ 16
/2022 Monica Monroy-Almanza AP 26.63
235157
9/16
/2022 Sara Ramirez AP 124
.76
235158
9/ 16
/2022 Rosalie Nevarez AP 71
.26
235159 9/16
/2022 Century Communities AP 116
.25
235160 9/ 16
/2022 Jerri Terry Realty AP 121.49
235161 9/16/2022 Meritage Homes AP 176
.28
235162
9/16
/2022 D.R. Horton AP 142
.30
235163 9/16
/2022 West Publishing Corporation AP 404
.20
235164
9/16/2022 Windecker Inc AP 3,617.48
235174 9/20/2022 Aflac-Customer Service AP 295.13
235175
9/20/2022 AFSCME District Council 57 AP 1,341.46
235176 9/20/2022 Los Banos Fitness & AP 290.00
235177 9/20/2022 Los Banos Police Assn AP 910
.00
235178
9/20/2022 Los Banos Police Assn AP 245.00
235179
9/20/2022 MassMutual AP
1,329.67
235180 9/20/2022 MassMutual AP
2,040.00
235181
9/20/2022 Nationwide Retirement Solutions AP 16,670
.00
235182 9/20/2022 Professional Fire Fighter AP 900
.00
235183
9/20/2022 State Disbursement Unit AP 937.50
235184 9/20/2022 Vantagepont Transfer Agents
- 306797 AP 415.15
235185 9/20/2022 Vantagepoint Transfer Agents
- 801838 AP 5,700.00
235186
9/20/2022 Liebert Cassidy Whitmore AP 2,388.00
235188
9/20/2022 Liebert Cassidy Whitmore AP 14,426.00
235189 9/23
/2022 Rebecca Allen AP 202
.50
235190 9/23
/2022 Apex Annex Health Center, Inc. AP
2,719.00
235191 9/23
/2022 Aramark Uniform Ser Inc AP 1,202
.95
235192 9/23/2022 AramarkUniform & Career Apparel Group, Inc. AP 141.76 12 235193 9/23
/2022 AT&T AP 219
.10
235194
9/23/2022 AT&T AP 100
.94
235195 9/23/2022 Battery Systems, Inc. AP 629.46
235196
9/23/2022 BJ's Consumers
Choice AP 334.00
235197 9/23
/2022 Richard A Blak Phd AP 450.00
235198
9/23/2022 Brenntag Pacific Inc AP
6,436.37
235199
9/23/2022 Bruce's Tire Inc AP 162
.50
235200 9/23
/2022 BSK Associates AP 833.00
235201
9/23/2022 Buxton Company AP 12
,500.00
235202
9/23/2022 CCID AP 19.22
235203
9/23/2022 Manuel A A vii a AP 419
.23
235204
9/23/2022 Central Sanitary Supply AP 140.87
235205
9/23/2022 CSJVRMA AP 416,536.00
235206
9/23/2022 Coffee Break Service Inc. AP 171.52
235207
9/23/2022 Comcast AP 10
.58
235208
9/23/2022 Cook's Communications Corp. AP 627.49
235209
9/23/2022 Copy Shipping Solutions AP 41.05
235210
9/23/2022 CPS AP 789.50
235211
9/23/2022 CSG Consultants Inc. AP 13,722.25
235212
9/23/2022 Lamar A. Cummings AP 339
.25
235213
9/23/2022 Edith Camarena AP 450.00
235214
9/23/2022 D & D Pest Control AP 177.00
235215 9/23/2022 Dos Palos Publishing Company AP 321.00 235216
9/23/2022 Elizabeth M De La Cruz AP 600.00
235217
9/23/2022 ESO Solutions, Inc. AP 14
,574.04
235218 9/23
/2022 Farmer Brothers Coffee AP 439.16
235219
9/23/2022 Federal Express Corporation AP 22
.32
235220
9/23/2022 Galvin Preservation Associates, Inc. AP 28
,915.24
235221
9/23/2022 GoTo Communications, Inc. AP 3,060.78
235222
9/23/2022 Grassland Water District AP 85
,186.00
235223
9/23/2022 Joe Gutierrez AP 600.00
235224
9/23/2022 Hach Company AP 105
.63
235225
9/23/2022 Halcyon Creek Inc. AP 12,276
.00
235226
9/23/2022 Henley Pacific, LLC AP 174.52
235227
9/23/2022 Holt of California AP 462.27
235228
9/23/2022 Home Depot AP
3,609.75
235229
9/23/2022 Hanis Builders, Inc AP 907.70
235230
9/23/2022 Ingraham Trophies AP 653.00
235231
9/23/2022 Jaidel Perez AP 863
.26
235232
9/23/2022 Krazan & Associates AP
3,118.50
235233
9/23/2022 Jerry Knoester AP 80
.00
235234
9/23/2022 Language Line Services AP 20.55
235235
9/23/2022 Tim J Law AP 800.00
235236
9/23/2022 Lucas Business Systems AP 485.89
235237
9/23/2022 Mark Thomas & company. Inc. AP 39
,676.52
235238
9/23/2022 Marfab Inc AP 570.02
235239 9/23
/2022 McElvany Inc AP
8,400.34
235240
9/23/2022 McNamara Sports Inc AP 3,225
.31
235241
9/23/2022 Merced Truck & Trailer Inc AP 726.18
235242
9/23/2022 Mike John Hausmann AP 251.00
235243
9/23/2022 Napa Auto Parts of Los Banos AP I I.OJ
235244 9/23/2022 The Office City AP 176
.55
235245
9/23/2022 OSE AP 314.45
235246
9/23/2022 O'Reilly Auto Parts AP 142.05
13 235247 9/23/2022 PG&E Company AP 209.00
235248 9/23/2022 Pace Supply Corp. AP 895.27
235249 9/23/2022 Pinnacle Medical Group, Inc. AP 345.00 235250 9/23/2022 Pitney Bowes Inc AP 129.40
235251 9/23/2022 Precision Civil Engineering, Inc AP 210.00 235252 9/23/2022 Price Paige and Company Accountancy Corporation AP 2,469.00 235253 9/23/2022 Provost and Pritchard Engineering, Inc. AP 4,585.70 235254 9/23/2022 Protech Security & Electronics, Inc. AP 120.00 235255 9/23/2022 Lucia Paniagua AP 350.00
235256 9/23/2022 Randik Paper Co AP 355.11
235257 9/23/2022 Razzari Dodge Chrysler Jeep AP 214.76
235258 9/23/2022 Riggs Ambulance Service AP 453.03
235259 9/23/2022 Amanda Rangel AP 500.00
235260 9/23/2022 Lourdes C. Reyes AP 650.00
235261 9/23/2022 Save Mart Supennarkets AP 19.99
235262 9/23/2022 Smith & Loveless Inc AP 1,257.06
235263 9/23/2022 Sorensens True Value AP 559.16
235264 9/23/2022 Superior Pool Products, LLC AP 14,046.54 235265 9/23/2022 Tap Master, Inc. AP 7,966.00
235266 9/23/2022 Terryberry Company LLC AP 864.40
235267 9/23/2022 Charity Tallent AP 600.00
235268 9/23/2022 Stephanie Pereira AP 1,301.47
235269 9/23/2022 Roberto Espinoza-Hernandez AP 61.96
235270 9/23/2022 Grecia Felix Medina AP 56.07
235271 9/23/2022 Thomas & Karen Ovesen AP 56.07
235272 9/23/2022 MHP Builders Inc AP 180.23
235273 9/23/2022 MHP Builders Inc AP 181.81
235274 9/23/2022 Norberto Barcena AP 13 .12
235275 9/23/2022 MHP Builders Inc AP 179.44
235276 9/23/2022 Vanir Construction Management, Inc. AP 69,793. 10 235277 9/23/2022 Verizon Wireless AP 570.15
235278 9/23/2022 Gregory Wellman AP 309.20
235279 9/23/2022 Westamerica Bank - Cafeteria Plan AP 80,9 13.76 235280 9/23/2022 Westside Water Conditioning AP 255.82
235281 9/23/2022 Windecker Inc AP 3,894.32
235282 9/23/2022 Young's Air Conditioning AP 181.00
235283 9/23/2022 ZW USA Inc. AP 1,229.86
235284 9/23/2022 City of Los Banos Utility AP 63,227.23 235285 9/23/2022 Miguel A Morales AP 3,050.00
235286 9/23/2022 State Water Resources Control Board AP 65 .00 235287 9/23/2022 Law Offices of William A Vaughn AP 17,085.47 Break in check sequence due to the following: Total Void Check Count: 0 Check# 2335085 (Payroll) Total Void Check Amount:
Check # 23 5165 - # 23 5173 (Payroll) Total Valid Check Count: 192 Total Valid Check Amount: 2,009, 119.97
Total Check Count: 192
Total Check Amount: 2,009,119.97
14 CITY OF LOS BANOS
CITY COUNCIL MEETING MINUTES
SEPTEMBER 21, 2022
iACTJON MINUTES - These minutes are prepared to depict action taken for agenda items presented to the City Council. For detail ot this meeting refer to the electronic media (CD and/or audio) kept as a permanent record.
CALL TO ORDER: Mayor Pro Tern Lambert called the City Council Meeting to order at the hour of 6:02 p.m.
PLEDGE OF ALLEGIANCE: Police Chief Brizzee led the pledge of allegiance.
ROLL CALL - MEMBERS OF THE CITY COUNCIL PRESENT: Council Members Brett Jones, Kenneth Lambert, Deborah Lewis, Refugio Llamas; ABSENT: None.
STAFF MEMBERS PRESENT: City Attorney Vaughn, Police Chief Brizzee, City Clerk/Human Resources Director Mallonee, City Treasurer/Accounting & Budget Supervisor Tomas, Community & Economic Development Director Souza Elms, Acting Fire Chief/Police Commander Reyna, Public Works Director/City Engineer Than, Interim Finance Director Kuhn
CONSIDERATION OF APPROVAL OF AGENDA: Motion by Lewis, seconded by Jones to approve the agenda as submitted. The motion carried by the affirmative action of all Council Members present.
PRESENTATIONS; PROCLAMATION - RECOGNIZING THE RETIREMENT OF CITY OF LOS BANOS ADMINISTRATIVE COORDINATOR MARY LOU GILARDI;
PROCLAMATION - RECOGNIZING THE RETIREMENT OF CITY OF LOS BANOS FIRE CAPTAIN ROGER HUGHES; PROCLAMATION - RECOGNIZING SEPTEMBER 16TH AS NATIONAL STEPFAMILY DAY; CERTIFICATE OF RECOGNITION - JOSIAH MARDIROSIAN, POLICE OFFICER. CITY OF LOS BANOS EMPLOYEE OF THE MONTH FOR AUGUST 2022; CERTIFICATE OF RECOGNITION - CITY OF LOS
BANOS FINANCE DEPARTMENT STAFF IN RECOGNITION OF RECEIVING THE
GOVERNMENT FINANCE OFFICERS ASSOCIATION'S CERTIFICATE OF
ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING FOR FISCAL YEAR 2020-2021; CERTIFICATE OF APPRECIATION - DUTCH BROS LOS BANOS FOR
THE SUPPORT THEY HAVE SHOWN BY PARTICIPATING IN A FUNDRAISING DAY FOR YOUTH RECREATION SPORTS PROGRAMS IN THE CITY OF LOS BANOS.
Mayor Pro Tern Lambert presented and read the proclamation and certificates; Mary Lou Gilardi, Finance Department- Brent Kuhn, Kim Tomas, Rosemarie Souto and Dutch Bros were present at the Council Meeting to accept the recognition.
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 15 ACTION WILL BE TAKEN ON NON-AGENDA ITEMS. SPEAKERS ARE LIMITED TO A FIVE (5) MINUTE PRESENTATION. DETAILED GUIDELINES ARE POSTED ON THE COUNCIL CHAMBER INFORMATIONAL TABLE. Mayor Pro Tern Lambert opened the public forum and asked those at the meeting if they would like to speak. an UNNAMED PERSON stated that she lives in the mobile home park and they have addressed the Council many times about our issues and you have ignored us, concerns with the fires they are burning and how the smoke puts her in the hospital and read a poem that she had penned about how she feels and how they are being treated, she wants the City Council to know how low she feels they have gone, you need to listen and know what they are going through, all the trash, burning wood, burning an RV, how nothing is being done to the homeless and they are not being held accountable; JOHNNY MARTINEZ, Martinez Trucking in Los Banos, spoke regarding how his mom was sick and he called the Police Department and the issues he is having with them, he is a truck driver and just recently he received a letter form Code Enforcement to clean up their business and move their RV, he feels that he is being retaliated against because he came and spoke at a meeting about how his shop had been broken in to, feels the Police follow him wherever he goes, just wants to be left alone, wants the Police to stop bothering him and his family, and how he is moving out of town next week; RABI AMANONSHOR stated that he is running for the State Senate seat District 14 for which Los Banos is part of, he spoke regarding his personal history and how what he is seeing here in the valley the last few years is not the valley that it used to and how much better it could be, spoke regarding how he is upset with what the farmers are having to go through, water issues, how he is a man of integrity and a man of his word, and gave a special prayer and blew a special horn; ANN McCAULEY, Los Banos, spoke regarding Peninsula Clean Energy and how they invest in wacko environmental groups and how she does not support them and the service they provide, they cater to groups you wouldn't like, she encourages all to opt out, years ago developers had to set aside raw land for the City to establish and develop a park but now it's up to the developer and now we have empty park land, we have too much park land to maintain, too many dilapidated parks around town, maybe have developers help us improve them, she was stunned that Community & Economic Development Director Elms stated that the rail trail plan was too grandiose and how she was on the committee and how a lot of work and expertise was involved in putting that study together and why are we wanting to change it now and how she feels that we should stick with what we have in place. Mayor Pro Tern Lambert asked the City Clerk if she had received any comments to be read into the record. City Clerk Mallonee stated that she received the following comments that are on file with the City Clerk: CHANDRA LEWIS, wrote regarding her concerns with the homeless encampment issues behind Rancho Los Banos Mobile Home Park and all that she is experiencing and writing to Councilman Jones for answers and an explanation, she thanked the Police Department for the extra patrol and how they are desperately seeking help; KA THY BALLARD wrote that she is hearing that they want Paul to be in the mayor seat prior to an election and then immediately rehiring Josh and all that is being said and how she feels regarding this and if this happens she hopes we survive the next 2-3 years and the community won't say OMG what did we do. No one else came forward to speak and the public forum was closed.
CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Council Member Lewis requested that items 7G - City Council Resolution No. 6544 -Amending the Fiscal Year 16 2022/2023 Budget by Increasing Appropriations in the Lighting and Landscape District #19 Fund in the Line Item 289-458-200-213 for Expenditures in the Amount of $27,000 for Water Usage, 7K - City Council Resolution No. 6548 - Amending the Fiscal Year 2022/2023 Budget by Increasing Appropriations in the American Rescue Plan Act (ARPA) Fund 206-410-100-753 for Expenditures in the Amount of $19,000 for the Purchase of Scoreboards at Colorado Ballpark, 7L - City Council Resolution No. 6549 - Authorizing the Interim City Manager to Execute a Contract with AD ART, Inc. for the Construction and Installation of a New Digital Welcome Sign and Associated Infrastructure and Budget Amendment in the Amount of $64,973, 7M - City Council Resolution No. 6550 - Authorizing Award of Construction contract to Mid Cal Pipeline & Utilities, Inc. in the Amount of $1,454,905 with a 10% Contingency in the Amount of $145,490 for the Fairgrounds Area Waterline, 70 - City Council Resolution No. 6554 - Authorizing the Interim City Manager to Enter into the Tenth Amendment to Landscape Maintenance Contract between the City of Los Banos and Ronnys Inc. be removed for separate presentation and questions.
Item 7G City Council Resolution No. 6544 -Amending the Fiscal Year 2022/2023 Budget by Increasing Appropriations in the Lighting and Landscape District #19 Fund in the Line Item 289-458-200-213 for Expenditures in the Amount of $27,000 for Water Usage.
Council Member Lewis inquired as to time period of consumption concerns, what happened, why there was no water consumption, there's about a year and half that went by and nobody checked anything, is there a process in place to go out and check meters like this, and if the problem at this site been rectified for which Public Works Director/City Engineer Than explained what happened and what staff is doing to address the problem, noting that there have been supply issues with ordering and receiving water meters and how staff is doing spot checks and audit check for meters that have continuous issues.
Item 7K - City Council Resolution No. 6548 - Amending the Fiscal Year 2022/2023 Budget by Increasing Appropriations in the American Rescue Plan Act (ARPA) Fund 206- 410-100-753 for Expenditures in the Amount of $19,000 for the Purchase of Scoreboards at Colorado Ballpark. Council Member Lewis stated that there were funds that were allocated in the prior fiscal year and approved in May, what happened and why were they not purchased until this year for which Public Works Director/City Engineer Thank explained that the order was placed on time but there was a shipping delay, noting that there are no additional funds allocated for this project just a carryover project from last fiscal year.
Item 7L- City Council Resolution No. 6549 - Authorizing the Interim City Manager to Execute a Contract with AD ART, Inc. for the Construction and Installation of a New Digital Welcome Sign and Associated Infrastructure and Budget Amendment in the Amount of $64,973. Council Member Lewis stated that the Council approved $55,000 in June but the lowest bid came in at $119,973, inquired as to when the RFP went out, not sure why our own Public Works staff can't take out the old sign and why we would pay $17,000 to remove it, and how we are asking for an easement for a sign for our entrance to the downtown area, and she is really concerned that we are paying double, how she is struggling with the fact that the sign is not that big, it was just approved in May/June and how expensive the whole process is and this is a big overrun, inquired as to the charges that for the community to use space on the board, are those reevaluated for cost of living 17 increases for which Community & Economic Development Director Souza Elms stated that they got an estimate for budget and based on the RFP scope of the work this is the lowest proposal received, spoke to the improvements, internet and electricity connection causing the increase in price, the RFP went on July 1, 2022 and was out for 3-4 weeks and went out to sign companies and construction companies in that industry, how it is not just the removal of the sign but it is the installation of the new display and having a company remove the sign is much more efficient than having Public Works staff do it.
Interim City Manager Wellman spoke regarding the bid process and how you can accept or reject all bids at any time for any reason, our job is to provide accurate and timely information, how our Public Works staff does not have the staffing or skills to do this and inquired as to the cost for Public Works to remove it for which Public Works Director/City Engineer Than explained the process and costs, how they do not have employees who can operate the cranes and estimated that the 4 main crew with 2 pieces of equipment cost to be $4,000. Council Member Llamas shared the same concerns as Council Member Lewis but with all things considered he can understand the increase in price due to inflation, cost of fuel and such, economic downturn which will reduce our ability to do things like this because it will be more expensive. Council Member Jones stated that there is a long term cost of return on investment with the advertisement costs, how there is usually a certain amount of work that goes into a fee review and usually happens every 5 years and because of inflation Council can direct staff to look at fees for which Community & Economic Development Director Souza Elms confirmed after a long period of time. Mayor Pro Tern Lambert inquired as to how many ads do we cycle through the day for which Community & Economic Development Director Souza Elms explained that there are 10 advertisements at a time on the sign that rotate throughout the day and generates $7,000-$8,500 annually. Interim City Manager Wellman spoke regarding the budget process, the State legislative process, and how it is not something you can ever rest on, you've got to be on top of this stuff 24/7.
Item 7M - City Council Resolution No. 6550 - Authorizing Award of Construction contract to Mid Cal Pipeline & Utilities, Inc. in the Amount of $1,454,905 with a 10% Contingency in the Amount of $145,490 for the Fairgrounds Area Waterline. Council Member Lewis just wanted to give staff a good shout out for coming under budget on the project.
Item 70 - City Council Resolution No. 6554 - Authorizing the Interim City Manager to Enter into the Tenth Amendment to Landscape Maintenance Contract between the City of Los Banos and Ronnys Inc. Council Member Lewis wanted to reiterate and make sure that the City is getting a more detailed contract, the ones we have had in the past do not give the detail on how the landscaping will be maintained, hope the actions are better descried with the new contract, who is responsible for irrigation problems and replacement, would like to see a chain of reporting for which Interim Finance Director Kuhn stated that staff is looking to put together a workshop within the next month or so on this because it impacts not just the City but individual districts, want to insure that the City gets the level of service is needs and the costs are affordable for all districts. Interim City Manager Wellman spoke regarding his prior experience with things like this and how using the correct way to trim a tree and what happens if you do it wrong.
Motion by Lewis, seconded by Jones to approve the consent agenda as follows, with the removal of item 7L for a separate vote: Check Register for #234510 - #235084 in the 18 Amount of $2,616,647.18; Minutes for the August 17, 2022 Special City Council Meeting; Minutes for the August 17, 2022 City Council Meeting; Minutes for the August 25, 2022 Special City Council Meeting; Fourth Quarter Investment Report for the 2021/2022 Fiscal Year; City Council Resolution No. 6543 - 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. 6544-Amending the Fiscal Year 2022/2023 Budget by Increasing Appropriations in the Lighting and Landscape District #19 Fund in the Line Item 289-458-200-213 for Expenditures in the Amount of $27,000 for Water Usage; City Council Resolution No. 6545 - Amending the Fiscal Year 2022/2023 Budget by Increasing Appropriations in the Community Center Fee Fund 244-410-100-753 for Expenditures in the Amount of $11,000 for the Purchase of a Compressor for the Grand Room Air Conditioning Unit in the Community Center; City Council Resolution No. 6546 - Authorizing the Award of the Construction Contract to McElvany Inc. in the Amount of $585,731.27 with a 10% Contingency in the Amount of $58,573 for the Construction of the Community Center Parking Lot Improvements Project; City Council Resolution No. 6547 -Amending the Fiscal Year 2022/2023 Budget as it Pertains to Expenditures in the Park Maintenance Technical Services Account in the Amount of $8,950; City Council Resolution No. 6548 - Amending the Fiscal Year 2022/2023 Budget by Increasing Appropriations in the American Rescue Plan Act (ARPA) Fund 206-410-100-753 for Expenditures in the Amount of $19,000 for the Purchase of Scoreboards at Colorado Ballpark; City Council Resolution No. 6549 Authorizing the Interim City Manager to Execute a Contract with AD ART, Inc. for the Construction and Installation of a New Digital Welcome Sign and Associated Infrastructure and Budget Amendment in the Amount of $64,973; City Council Resolution No. 6550 - Authorizing Award of Construction contract to Mid Cal Pipeline & Utilities, Inc. in the Amount of $1,454,905 with a 10% Contingency in the Amount of $145,490 for the Fairgrounds Area Waterline; City Council Resolution No. 6551 - Accepting the Grant of Easement and Agreement from O'Reilly Auto Enterprises LLC for the Placement of a Gateway Sign to the Downtown of the City of Los Banos, Along Sixth Street, APN 026-044-052; City Council Resolution No. 6552 - Authorizing the Interim City Manager to Sign a Memorandum of Understanding with the Merced County Sheriff's Department for Inmate Transportation Services; City Council Resolution No. 6553 - Approving the Acceptance of a $43,600 Grant (TR23010) Form the California Office of Traffic Safety (OTS) and Amending the 2022/2023 Fiscal Year Budget by Increasing the Appropriation Amount of the State Grant Fund Account for Expenditures in the Amount of $43,600; City Council Resolution No. 6554 - Authorizing the Interim City Manager to Enter into the Tenth Amendment to Landscape Maintenance Contract between the City of Los Banos and Ronnys Inc. The motion carried by the affirmative action of all Council Members present.
Motion by Lewis to not adopt City Council Resolution No. 6549 - Authorizing the Interim City Manager to Execute a Contract with AD ART, Inc. for the Construction and Installation of a New Digital Welcome Sign and Associated Infrastructure and Budget Amendment in the Amount of $64,973 died to a lack of second to the motion.
Motion by Jones, seconded by Llamas to approve City Council Resolution No. 6549 - Authorizing the Interim City Manager to Execute a Contract with AD ART, Inc. for the Construction and Installation of a New Digital Welcome Sign and Associated 19 Infrastructure and Budget Amendment in the Amount of $64,973. The motion carried by the affirmative action of all Council Members present, Lewis voting No.
PUBLIC HEARING - TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF A CONDITIONAL USE PERMIT #2022-08 AND A CATEGORICAL EXEMPTION FROM
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) 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 BOULEVARD, APN 431-020-002; CITY COUNCIL RESOLUTION NO. 6555 - FINDING THE PROPOSED
PROJECT TO BE CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT PURSUANT TO SECTION 15301, EXISTING FACILITIES AND APPROVING CONDITIONAL USE PERMIT #2022-08 TO ALLOW FOR THE ON-SALE OF GENERAL ALCOHOL UNDER A TYPE 47 ALCOHOL LICENSE AT 923 W. PACHECO BOULEVARD; MORE SPECIFICALLY IDENTIFIED AS ASSESSOR'S PARCEL NUMBER: 431-020-002. Community & Economic Development Director Souza Elms presented the staff report, which included a PowerPoint presentation.
Mayor Pro Tern Lambert opened the public hearing. No one came forward to speak and the public hearing was closed.
Motion by Jones, seconded by Llamas to adopt City Council Resolution No. 6555 - Finding the Proposed Project to be Categorically Exempt From the California Environmental Quality Act Pursuant to Section 15301, Existing Facilities and Approving Conditional Use Permit #2022-08 to Allow for the On-Sale of General Alcohol Under a Type 47 Alcohol License at 923 W. Pacheco Boulevard; More Specifically Identified as Assessor's Parcel Number: 431-020-002. The motion carried by the affirmative action of all Council Members present.
CONSIDERATION OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 6556 -
REJECTING ALL BIDS FOR THE CONSTRUCTION OF THE FINAL COVER SYSTEM FOR THE OLD LOS BANOS LANDFILL. Public Works Director/City Engineer presented the staff report, which included a PowerPoint presentation.
Motion by Jones, seconded by Llamas to adopt City Council Resolution No. 6556 - Rejecting All Bids for the Construction of the Final Cover System for the Old Los Banos Landfill. The motion carried by the affirmative action of all Council Members present.
REVIEW OF THE CITY OF LOS BANOS INVESTMENT POLICY. Interim Finance Director Kuhn presented the staff report.
There was Council Member and staff discussion regarding how much is programmed for pension, how this does not include pension, but we are addressing the unfunded liability and ways to save additional funds for that, what the percentage growth in checking and savings were which were about a 3% growth, concerns in a down market, how we have to balance our budget, how the State also has to adopt their own budget, Other Post Employment Benefit (OPEB) concerns, full funded rate on our retirement system, the yield explosion, and how will the new Investment Policy change the way the City invests. 20 Motion by Llamas, seconded by Lewis to approve the Investment Policy as submitted.
The motion carried by the affirmative action of all Council Members present.
REVIEW OF THE AMENDED ANNUAL REPORT OF THE LOS BANOS DOWNTOWN PROPERTY AND BUSINESS IMPROVEMENT DISTRICT (LBDPBID). Interim Finance Director Kuhn and Community & Economic Development Director Souza Elms presented the staff report, which included a PowerPoint presentation.
There was Council Member and staff discussion regarding hoping to see a little more detail like expenditures and salaries, how what is given to us is a prospective budget and clarifying that this budget presented is from monies that have been allocated based on what is collected from property owners.
Motion by Llamas, seconded by Jones to approve the amended Annual Report of the Los Banos Downtown Property and Business Improvement District (LBDPBID) as submitted. The motion carried by the affirmative action of all Council Members present.
COUNCIL MEMBER REQUEST - CONTINUED DISCUSSION REGARDING THE
CONTINUED OPERATION/CLOSURE OF THE RAIL-TRAIL ENCAMPMENT (COUNCIL MEMBER JONES). Police Chief Brizzee presented the staff report, which included a PowerPoint presentation.
There was Council Member and staff discussion regarding if the extra employee would be a Code Enforcement person, how it would be someone with boots on the ground to manage grants and ideas and be our person to go to solving our homeless issues, how remove the encampment might result in the homeless staying at the same location, if there are homeless people up against the fence now, it seems like we need a lot more personnel dedicated to this and the only way to help mitigate and improve it is by having more personnel, code enforcement and more police officers, not all homeless are the same and they don't all like each other, maybe have an encampment near the Police Station so they can be monitored, it's an uphill battle. this is an issue throughout the State and throughout the country, land use covenant laws and how homeless encampments are considered residential, issues and concerns with contaminated land, increasing manpower, hire/create a position that is not code enforcement not police but more like a liaison with other agencies to problem-solve and research funding for this issue, how this discussion demonstrates that we are trying and we do care and we need to keep discussing it, how we have an immediate problem with the current situation and complaints that need to be addressed, moving them from one problem area to another problem area and a new set of people coming to complain, looking into the option of private property partnership that doesn't affect residential area, looking into using the Migrant Housing when it is not being used, there are some people that will not go into Project Room Key, how the City is getting no help from the State and they are refusing to hospitalize the homeless that need to be treated, we need to find someplace for them to be, quickly to relocate the homeless encampment so that those Mobile Home Park residents don't continue to live in this situation, finding something in an area that they are not going to affect people, needing to add incentives and pay for officers to get them here, how we need to continue to look for solutions, is there a way to use special wire to keep them off of the fence, coming back to Council with an update and some ideas in a couple 21 months, the City is in the process of applying for the grant funding but need to meet certain criteria, the cost of Project Room Key a month, acquiring a hotel to turn into a Project Room Key on a permanent basis being a future solution, it's a hard problem to solve and need to engage a County resource to help us, partnership on some land, we need to keep moving forward to find a solution, and how we are not ignoring the mobile home park residents and are doing what we can for them.
ADVISEMENT OF PUBLIC NOTICES. (One Report) Community & Economic Development Director Souza Elms reported that there will be a Public Hearing at the Planning Commission on September 28, 2022 to consider the adequacy of the response to comments to the Draft EIR previously prepared and circulated, they will consider all public testimony and decide whether to recommend to the City Council the certification of the Final EIR, adoption of the mitigation monitoring and statement of overriding considerations, adoption of the General Plan 2042 and adopting the the Annexation Ordinance.
CITY MANAGER REPORT. Interim City Manager Wellman reported that we have heard that cash wise we are in a very good position and huge amounts of cash that the City has, we also ought to be looking at what is ahead of us, recently met with engineering firms to get information regarding wastewater, fresh water and storm water and how many years this wastewater treatment plant can sustain our growth and how much capacity we have, we have naturally occurring chromium 6 that could take up to $30-90 million to treat it, he's meeting with CCID, Grasslands, San Andreas Water to discuss this, how the Municipal Finance Officers award is really significant to get it 8 years in a row, there are some issues on the horizon related to personnel, recruitment of a new city manager, finance director, fire chief and it is going to be interesting to see how many folks we can attract, we are behind in our traditional salary survey base and we are going to have to address that, we have received communication from unions to give more salary, we have got to be able to recruit and retain qualified employees to be able to grow, he's been in a lot of jurisdictions, and we need to be relentless in our efforts.
REPORT/UPDATE ON MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG), PENINSULA CLEAN ENERGY (PCE), AND MEASURE V COMMITTEE. No report
CITY COUNCIL MEMBER REPORTS.
BRETT JONES: Requested that an item be placed on October 5, 2022 meeting for discussion, nomination and a vote to appoint a mayor at that time.
DEBORAH LEWIS: Thanked the City of Los Banos for allowing me to go to the League of California Cities Conference, she always learns that we are not alone in our problems and others are frustrated with the State of California, would like to make a request on how bids are placed on the agenda and be more uniform and more detailed, would like to make a request that staff revisit our fee structure for the rental of our electronic boards based on inflation and cost of doing business, how don't have specialized training for our staff to remove the sign and was wondering if it is time to move forward and have more specialized training to accomplish some of the things we are farming out or is it cheaper 22 to have done outside, concerns with housing mandate, shortage of water in the valley here and how we are going to accommodate building new houses, the chrom 6 problems that have to be resolved and are all, very costly, and she is a believer of being proactive instead of reactive.
REFUGIO LLAMAS: Congratulated the Finance Department on their award and accomplishment thanking Kim Tomas, Rosemarie Souto, Jennifer Canchola and Brent Kuhn, spoke regarding the US code regarding flags and respecting the flag, he suggests instead of using flags use bunting and then read flag protocols, concerns with rapid uncontrolled growth in housing and the effects it has on the services provided to the citizens, citizens' concerns with speeding on streets in town, would like to announce the next Traffic Safety Meeting being held on October 4, 2022 at 2:00 p.m., thanked Mr.
Wellman for his excellence in leadership and very thankful for his performance, and how he feels that if one Council Member knows it they should all know it.
KENNETH LAMBERT: Thanked department heads for doing a wonderful job, thanked the Finance Department, would like to look at getting the flags replaced quarterly, thanked the Police Chief for the homeless presentation.
Interim City Manager Wellman stated that there are a number of projects that appear to be priorities, may I respectfully suggest that we schedule so I can get your formal guidance on what we should be working on and will have something on the future agenda to get further guidance and direction.
ADJOURNMENT. The meeting at 9:35 p.m.
APPROVED:
Kenneth Lambert, Mayor Pro Tern
ATTEST:
Lucille L. Mallonee, City Clerk
23 THIS PAGE IS INTENTIONALLY LEFT BLANK
24 LOsBanos
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Agenda Staff Report
TO: Mayo r Pro Tern & City Council Members
FROM: William A Vaughn, City Attorney
DATE: October 5, 2022
TYPE OF REPORT: Consent Agenda
SUBJECT: Remote Teleconferencing - Per AB 361
RECOMMENDATION
Approve Resolution No. ____ to allow for in person, virtual, and hybrid public meetings.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS BANOS
REAUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE
LEGISLATIVE BODIES OF THE CITY OF LOS BANOS PURSUANT TO THE PROVISIONS OF AB 361
BACKGROUND
On June 1, 2022 staff brought forward a resolution for City Council consideration concerning reauthorizing remote teleconference meetings pursuant to AB361. At that meeting the city council approved Resolution No. 6494 to allow for flexibility to meet in person or virtually in response to COVID 19 changing conditions. Pursuant to AB361 the Resolution must be considered by the city council and the required findings must be made every thirty (30) days thereafter or it will expire. 25 DISCUSSION
California's Ralph M. Brown Act was amended to allow fully virtual public meetings during a state of emergency after the Governor signed Assembly Bill 361 into law on September 16, 2021. AB 361 provides that it will sunset on January 1, 2024.
AB 361 amends Section 54953 of the Brown Act to allow virtual public meetings through January 1, 2024 in any of the following circumstances:
1 . The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing.
2. The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
3. The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
The Governor's state of emergency remains, and the Cal OSHA Regulations related to social distancing remain in place.
Virtual meetings are currently allowed under AB 361 because state and local officials are continuing to recommend measures to promote social distancing. In the case of the pandemic, the requisite standards for holding virtual meetings are low. The City Council would only have to find that any state or local official is recommending measures to promote social distancing. Under the plain language of the statute, there does not have to be an order requiring social distancing, and the recommendation only needs to come from a state or local official. Nothing in the bill requires that the recommendation be a formal recommendation of a local health officer or in any sort of formal guideline.
The proposed resolution provides the City Council with the flexibility to allow its commissions and committees to host virtual meetings, while still maintain the City Council's jurisdiction to require in-person meetings as warranted.
AB 361 allows the use of fully virtual meetings under the foregoing conditions, but it does not prohibit hybrid meetings. By adopting the proposed resolution, and continuing to renew it as conditions warrant, the City Council and any subordinate boards are not precluded from holding meetings that have some traditional components and some virtual or telephonic components. The City Council (and other City boards) may hold meetings where some members join in the Council Chambers and some members join virtually. The City Council may also continue to allow both live and virtual 26 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 27 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:
f'1 wT ofO'\ClL) -fc1 Cunt Muu
Brent Kuhn,
Interim Finance Director
28 29
WHEREAS, Governor Gavin Newsom declared a statewide emergency over the COVID-19 pandemic on March 4, 2020; and
WHEREAS, on June 17, 2021, Cal/OSHA issued new emergency temporary standards (ETS) on COVID-19 infection prevention for the workplace (subsequently revised on December 16, 2021). The regulations require all individuals at City worksites to abide by certain rules, including wearing face coverings and socially distancing; and WHEREAS, on November 10, 2021, Governor Gavin Newsom signed Executive Order N-21-21 which extended through March 31, 2022, the state of emergency in California related to the threat of COVID-19; and
WHEREAS, on January 5, 2022 as mitigation for the Omicron variant, the California Department of Public Health (CDPH) extended the requirement that masks to be worn by all employees in all indoor public settings, irrespective of vaccine status, through February 15, 2022; and
WHEREAS, on February 7, 2022 the CDPH announced that effective February 16, 2022: universal masking shall remain required in only specified settings; and only unvaccinated persons are required to mask in all indoor public settings; and fully vaccinated individuals are recommended to continue indoor masking when the risk may be high; and
WHEREAS, on February 28, 2022 Governor Newsom issued Executive Order N5-22, which suspends part of the Cal/OSHA Temporary Emergency Standards.
Specifically, effective March 1, 2022, unvaccinated employees are no longer required to wear a face covering in most California workplaces. Notably, however, the universal indoor mask mandate remains in place for certain high-risk settings, such as healthcare and congregate settings; and
WHEREAS, as a consequence of the declared statewide emergency; the guidance and orders of the State Public Health Officer; and the Cal/OSHA temporary standards (ETS) on COVID-19 infection prevention for the workplace, the Los Banos City Council does hereby find that the legislative bodies of the City of Los Banos may conduct their meetings without compliance with paragraph (3) of subdivision (b) of Government Code section 54953, as authorized by subdivision (e) of section 54953, and that such legislative bodies shall comply with the requirements to provide the public with access to the meetings as prescribed in paragraph (2) of subdivision (e) of section 54953.
WHEREAS, in light of the foregoing, the City Council of the City of Los Banos desires to have the flexibility to meet in person or by remote teleconferencing pursuant to Government Code section 54953(e) as changing COVID-19 circumstances may dictate.
NOW THEREFORE, the CITY COUNCIL OF THE CITY OF LOS BANOS, DOES HEREBY RESOLVE, DECLARE, DETERMINE and ORDER AS FOLLOWS:
30 Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.
Section 2. Affirmation. The City Council hereby finds that the requisite conditions exist for the legislative bodies of the City of Los Banos to conduct remote teleconference meetings without compliance with paragraph (3) of subdivision (b) of section 54953.
Section 3. Remote Teleconference Meetings. This Resolution does not prevent or prohibit the City Council or any commission, committee or other Brown Act body of the City from holding hybrid meetings (containing both virtual and in-person components) or from meeting in-person, provided such meetings comply with AB 361 and with all state and local health orders. Commissions, committees and other Brown Act bodies shall comply with all rules established by the City Council and/or City Manager for attendance at meetings.
Section 4. Effective Date of Resolution. This Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of (i) 30 days from adoption, or such time the City Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the legislative bodies of City of Los Banos may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953.
The foregoing resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 5th day of October 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:
ATTEST:
Lucille L. Mallonee, City Clerk
31 THIS PAGE IS INTENTIONALLY LEFT BLANK
32 TO:
FROM:
DATE:
LOsBanos
At tlte Crossroads of Cal~fornia
Agenda Staff Report
Mayor Pro Tem & City Council Members
Soknirorn Than, P.E., Public Works Director/City Engine~ (c___ October 5, 2022
TYPE OF REPORT: Consent Agenda
SUBJECT: Authorizing Award of Bid for the Purchase of a 2023 Full-Size Sport Utility Vehicle (SUV)
Recommendation:
That the City Council adopts the Resolution to award of bid for the purchase of a 2023 Full-Size Sport Utility Vehicle (SUV) to Santos Ford in the amount of $56,412.51; and authorize the Public Works Director/City Engineer to issue a purchase order to Santos Ford in the amount of $56,412.51 for the purchase of a 2023 Full-Size Sport Utility Vehicle (SUV).
Discussion:
The Public Works Equipment Capital Plan included the replacement of a SUV for its fleet.
Bid documents for the purchase of One New 2022-2023 Full-Size Sport Utility Vehicle (SUV) were released on Friday, August 26, 2022. A public notice was advertised on Friday, August 26, 2022 in the Merced Sunstar. The bid opening occurred on Tuesday, September 20, 2022. The Public Works Department, through the office of City Clerk, received one (1) sealed bid. Santos Ford responded to the City's invitation with a total bid price of $56,412.51.
After review of the submitted bid document, it was determined that Santos Ford supplied a responsive and responsible bid. Therefore, staff is requesting awarding the purchase order to Santos Ford for their total bid price in the amount of $56,412.51 . 33 Once the new SUV is put in service, an older SUV will be prepared for public auction. A 2008 Ford Explorer with 94,756 miles will be replaced with the new SUV. Maintenance costs, local driving miles, and reliability contribute to the decision for replacement.
Fiscal Impact:
Funds have been allocated in the 2022-2023 Fiscal Year budget for this purchase within the Vehicles account 501-461-100-750 .
--t:...........i'I---IHl'---f--+"-----"'----
. IJL
8 rent Kuhn
~
Attachments:
Resolution
Public Notice
Bid Opening Sheet
Fiscal Budget Sheet
SUV Sample Picture
Interim Finance Director
34 RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LOS BANOS AWARDING THE
BID FOR THE PURCHASE OF A NEW 2023
FULL-SIZE SPORT UTILITY VEHICLE (SUV);
AUTHORIZE THE PUBLIC WORKS
DIRECTOR/CITY ENGINEER TO ISSUE THE
PURCHASE ORDER
WHEREAS, the City of Los Banos has the responsibility to procure, manage, and maintain the City's fleet; and
WHEREAS, the City of Los Banos received sealed bids for the purchase of a 2023 Full-Size Sport Utility Vehicle (SUV) that were officially opened on Tuesday, September 20, 2022; and
WHEREAS, it was determined that Santos Ford provided a responsive and responsible bid of $56,412.51.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby accept the bid of $56,412.51 from Santos Ford for the purchase of a 2023 Full-Size Sport Utility Vehicle (SUV); authorizes the Public Works Director/City Engineer to issue the purchase order.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 5th day of October 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:
Kenneth Lambert, Mayor Pro Tern
ATTEST:
Lucille L. Mallonee, City Clerk
35 THIS PAGE IS INTENTIONALLY LEFT BLANK
36 INVITATION FOR SEALED BIDS
CITY OF LOS BANOS
PUBLIC WORKS DEPARTMENT
411 Madison Avenue
Los Banos, CA 93635
(209) 827-7056
NOTICE IS HEREBY GIVEN that the LOS BANOS PUBLIC WORKS DEPARTMENT (herein called the "Owner") invites and will receive sealed bids up to the hour of 2:00 p.m. Pacific Daylight Savings Time (PDT) on Tuesday, September 20, 2022 for the purchase of one (1) New 2022/2023 Model Full Size Sport Utility Vehicle (SUV). At said time, sealed Bid Proposal (herein called the "Bid") will be publicly opened and read aloud in the City of Los Banos Council Chambers by the office of the City Clerk at:
Los Banos City Hall
520 "J" Street
Los Banos, California 93635
Questions regarding the Bid Documents are to be directed to Dan Bronson, Public Works Fleet Coordinator, by email at dan [email protected].
Bids shall be submitted only on forms provided in the Bid Packet. Bids shall be in the hands of the City Clerk of the City of Los Banos, 520 J Street, Los Banos, California, 93635 on or before the hour of 2:00 p.m. PDT on Tuesday. September 20, 2022. No late Bids will be accepted and will be returned unopened.
No oral, telegraphic, electronic, facsimile, or telephone bid submittals or modifications will be considered.
Bids received after the bid submittal deadline will be rejected and returned to the Bidder unopened.
The Bid Proposal forms can be obtained from the City of Los Banos website at www.losbanos.org.
The City of Los Banos reserves the right to reject any and/or all Bids received. 37 LOsBanos
Al tlu ( rosswads o/ lcilifm nia
BID OPENING RESULTS
PURCHASE OF ONE (1) NEW 2022/2023
MODEL FULL SIZE SPORT UTIITY VEHICLE (SUV)
September 20, 2022 - 2:00 PM
1 . Santos Ford
Signed: ~ CI:::::::.,,1---""--
Sara Blevins, CMC
Deputy City Clerk/HR Technician
Soknirorn
Public Works
Than
Director/City
~ Engineer
$ 56,412.51
Dated: September 20, 2022
38 City of Los Banos
Water
2022-2023
2019-2020 2020-2021 2021-2022 2022-2023
Account Number Description Actual Actual Estimated Adopted 501-461-100-101 Salaries 647,099 649,917 635,037 809,108 501-461-100-102 Part Time 15,638 0 34,000 45,000
501-461-100-103 Overtime 32,897 24,802 15,000 23,500
501 -461-100-120 Benefits 489,154 519,799 490,000 611,923 501-461 -100-121 Benefits-PERS 166 476 179 858 173 766 201 105 Personnel Services 1,351 ,265 1,374,376 1,347,803 1,690,636 501-461-100-201 Grounds Maintenance 2,835 3,000 8,000 6,000 501-461-100-202 Fleet Repair & Maintenance 14,226 19,167 16,500 18,150 501-461 - 100-203 Equipment Repair & Maintenance 8,189 2,618 9,000 9,000 501-461-100-204 Fleet Services 50,980 32,472 36,543 45,947 501-461-100-205 Facility Maintenance 11,026 5,298 13,865 13,000 501-461 -100-206 Property Lease 256,311 256,311 256,311 256,311 501-461-100-208 Rental - Vehicles & Equipment 17,964 11 ,910 12,000 12,000 501-461-100-212 Well Repair & Maintenance 29,060 64,675 94,500 100,000 501-461-100-23 I Professional Services 40,618 95,995 88,000 410,000 501-461 -100-236 Medical Services 1,365 1,254 1,500 1,500 501-461 -100-237 Recruitment 714 32 2,000 1,000
501 -461-100-238 Technical Services 66,663 112,814 90,000 90,000 501-461-100-240 I.T. Services 7,520 6,381 6,434 6,467
501-461-100-250 Insurance 50,978 61 ,763 86,503 94,750
501-461-100-251 Memberships & Dues 6,084 5,746 6,800 7,000 501-461 -100-252 Communications 7,989 8,104 6,000 9,500 501-461-100-256 Permits, Fees & Charges 46,045 44,562 56,000 65,000 501 -461-100-257 Travel & Training 1,343 2,020 5,000 6,000 501-461-100-259 Community Promotion 9,381 1,082 14,800 7,000 501-461-100-260 Office Supplies 6,510 5,850 4,600 7,500 501-461-100-262 Uniform Expenses 8,653 8,006 9,300 9,800 501-461-100-264 Electricity & Gas 726,771 826,355 890,000 950,000 501-461-100-265 Gasoline & Oil 27,604 29,592 40,133 36,625 501-461-100-267 General Materials & Supplies 196,099 245,688 250,000 250,000 501-461- 100-273 Special Departmental Exp. 2,320 1,311 2,000 2,000 501-461 -100-274 Books & Periodicals 75 75 75 0
501-461-100-275 Bad Debt Expense (198) (45) 0 0
Supplies & Services 1,597,122 1,852,035 2,005,864 2,414,550 501-461-100-710 Land Purchase 0 0 0 900,000
501-461 -100-720 Buildings & Structures 0 3,990 0 10,000 501-461-100-737 Meters 139,745 230,000 245,000 250,000
501-461-100-739 Water Master Plan Improve 527,397 57,847 0 1,850,000 501-461-100-740 Miscellaneous Equipment 45,483 0 0 0
~ 501-461-100-7 50 Vehicles 162,191 0 0 122,377
501-461-100-752 Communication Equipment 99 0 272 3,750
501-461-100-753 Specialized Equipment 29,221 33,325 0 12,500 501-461-100-755 Specialized Vehicles 0 116 235 62 959 0 Capital Outlay 904,135 441,397 308,231 3,148,627
240
39 Water (continued)
267-GENERAL MATERIALS & SUPPLIES; Materials and supplies utilized by Operations personnel for the general water distribution materials and supplies including pipes, valves, fittings, service lines, meters, meter boxes, etc. Water production materials and supplies including chemicals (fluoride and chlorine), field water quality analysis supplies, materials used at the City laboratory for water quality analysis, and repair parts for pumps and electric motors for the wells & chemical feed equipment. Asphalt repair following repair of underground distribution facilities. 273-SPECIAL DEPARTMENTAL EXPENSES; For miscellaneous safety equipment and employee longevity awards.
CAPITAL OUTLAY
710-LAND PURCHASE; Purchase land for new well (#16) estimated at $900,000. 720-BUILDING & STRUCTURES; Make roof repairs to 419 Madison and floor repairs to 411 Madison $10,000 (cost shared between Water $10,000 and Collections $10,000). 737-METERS; Purchase water meters for new construction service accounts estimated at $250,000.
739-WATER MASTER PLAN IMPROVEMENTS; Upgrade water line encircling the County Fairgrounds (C, North, D, Third, and F Streets) estimated at $1,800,000 (Master Plan P-1). Valve Replacements (valve insertion method) estimated at $50,000. 750-VEIDCLES: Purchase of a ¾ ton utility pickup truck estimated at $57,377 (carry over from FY 22). Purchase of a SUV estimated at $65,000. ¢==J
752-COMMUNICATIONS EQUIPMENT; Expense related to upgrading Wifi at the Madison Office.
753-SPECIALIZED EQUIPMENT; Safety Shoring (cost shared between Water $7,500 and Collections $7,500), Horizontal boring tool (cost shared between Water $5,000 and Collections $5,000).
CONTINGENCY
900-CONTINGENCY; For unexpected and unforeseen costs associated with Water activities. 243
40 2023 Ford Expedition XL
41 THIS PAGE IS INTENTIONALLY LEFT BLANK
42 LOsBanos
At tlie Crossroads <f Calif or nil,
Agenda Staff Report
TO: Mayor Pro Tem & City Council Members
FROM:
DATE:
Soknirorn Than, P.E., Public Works Director/City Enginee~ 7C-- October 5, 2022
TYPE OF REPORT: Consent Item
SUBJECT: Accepting Parcel Map No. 2021-03 Love in an Elevator, LLC along with the dedication of two 3' public utility easements south of Overland Ave and east of Mercey Springs Rd as shown in said parcel map.
Recommendation:
That the City Council adopts the resolution accepting Parcel Map No. 2021-03 Love in an Elevator, LLC along with the dedication of two (2) 3' public utility easements south of Overland Ave and east of Mercey Springs Rd as shown in said parcel map. The land involved is more specifically Assessor's Parcel Number 424-120-024.
Background:
The Tentative Parcel Map No. 2021-03 and Site Plan was approved by the City of Los Banos Planning Commission on April 27, 2022 by Resolution No. 2022-14. In June of 2022, the Public Works staff was contacted by the owner, Jerry Bearden and submitted an application for a Parcel Map approval. Site Plans and Parcel Map were both approved by the City's Consulting Professionals in September of 2022.
Discussion:
The subject is generally located at the Northeast corner of Mercey Springs Rd and Overland Ave. Assessor's Parcel Number 424-120-024. The map consists of 3 parcels totaling 7.57±_ acres. This map also includes a dedication to the City of Los Banos of two (2) 3' public utility easements south of Overland Ave and east of Mercey Springs Rd. This Parcel Map is in substantial compliance with Tentative Subdivision Map No. 2021-03. 43 Fiscal Impact:
None.
Attachments:
Resolution
Exhibit A Legal Description
Exhibit B Parcel Map
Exhibit C Site Map
rent Kuhn, Interim Finance
Director
44 RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS APPROVING AND
ACCEPTING PARCEL MAP NO. 2021-03 FOR
THE MINOR SUBDIVISION OF APPROXIMATE
7.57 ACRE PARCEL INTO THREE PARCELS
WITHIN THE HIGHWAY COMMERCIAL ZONING
DISTRICT LOCATED AT THE NORTHEAST
CORNER OF MERCEY SPRINGS RD. AND
OVERLAND AVE., ALONG WITH THE
DEDICATIONS OF TWO (2) PUBLIC UTILITY
EASEMENTS LOCATED SOUTH OF OVERLAND
AVENUE AND EAST OF MERCEY SPRINGS RD.
WHEREAS, there has been submitted to the City Council of the City of Los Banos Parcel Map No. 2021-03 for Love In An Elevator, LLC, which is a map of 7.57± acres that will be split into 3 separate parcels within the Highway Commercial Zoning District; ASSESSOR'S PARCEL NUMBER: 424-120-024 and
WHEREAS, the Parcel Map 2021-03 along with public utility easements, as presented has been reviewed and approved by a Consulting Professional Land Surveyor for the City of Los Banos; and
WHEREAS, the City Engineer has approved said parcel map, and all plan check fees have been paid in full. The City has received all necessary financial security, and the referenced parcel map has been to the City Council of the City of Los Banos for approval.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Los Banos that it does hereby approve and accept Parcel Map No. 2021-03 for the real property shown in "Exhibit A" and authorize recording based upon the following findings:
1. That this Parcel Map is in substantial compliance with City Zoning Ordinances; and
2. That all required processing and plan check fees have been paid; and
3. That all bonds outstanding to Merced County will be deposited prior to recordation of said map.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 5th day of October 2022, by Council Member __ _ 45 who moved its adoption, which motion was duly seconded by Council Member --- and the Resolution adopted by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
Kenneth Lambert, Mayor Pro Tern
ATTEST:
Lucille L. Mallonee, City Clerk
46 For APN/Parcel ID(s): 424-120-24
EXHIBIT "A"
Legal Description
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF LOS BANOS, COUNTY OF MERCED, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
Parcel 1, in the County of Merced, State of California, as shown on a Parcel Map filed in Volume 69 at Page 21 and 22 of Parcel Maps, in the Office of the County Recorder of said County and being a portion of Parcels 1 and 2 of Parcel Map filed in Volume 43 of Maps at Page 39, records of said County.
EXCEPTING all oil, gas and or minerals in or under said land, together with the right of entry as reserved in the Deeds from Bank of America National Trust and Savings Association, recorded April 29, 1936, in Book 502 of Official Records, Page 108, and as granted to Capital Company, by deed recorded June 4, 1963 in Book 1612 Official Records, Page 864. Surface rights above a depth of 500 feet from the surface of said land were quitclaimed to the owner or owners of said land, by deed recorded June 4 1963, in Book 1612 of Official Records,
TOGETHER WITH all that portion of said land described in Quitclaim Deed recorded October 19, 2016, as Instrument No. 2016035771 , of Official Record.
ALSO TOGETHER WITH all that portion of said land described in Quitclaim Deed recorded October 19, 2016, as Instrument No. 2016035772, of Official Record.
EXCEPTING THEREFROM all that portion of said land conveyed to Stock Five Holdings, LLC, a Wyoming limited liability company in Grant Deed recorded 06/28/2019, as Instrument No. 2019019499, of Official Records.
CL TA Preliminary Report Form - Modified (11.17.06)
SCA0002402.doc I Updated: 07.10.19 3
Printed: 06.07.22@ 04:55 PM by DN
CA-FT-FFOM-01510.082551-SPS-1-22-FFOM-TO21000448
47 THIS PAGE IS INTENTIONALLY LEFT BLANK
48 OWNER'S STATEMENT
WE, THE UNDERSIGNED, DO HEREBY STATE THAT WE ARE THE OWNERS OR HAVE SOME RIGHT, TITLE. OR INTEREST IN AND TO THE REAL PROPERTY INCLUDED WITHIN THE SUBDIVISION SHOWN ON THE MAP; THAT WE ARE THE ONLY PERSONS WHOSE CONSENT l5 NECESSARY TO PASS CLEAR TITlE TO SAID REAL PROPERTY; AND THAT WE HEREBY CONSENT TO THE MAKING AND RECORDING OF SAID MAP AND SUB01VtSION AS SHOWN WITHIN THE DISTINCTIVE BORDER LINE.
WE HEREBY DEDICATE TO PUBLIC USE EASEMENTS, TOGETHER WITH THE RIGHTS OF INGRESS AND EGRESS, FOR ANY ANO ALL PUBLIC UTILITY FACILRIES INCLUDING POLES. WIRES,
CONDUIT S, STORM SEWERS, SANITARY SEWERRS, GAS, WATER AND ANY AND ALL
APPURTENANCES TO THE ABOVE, UNDER, UPON, OR OVER THOSE CERTAIN PORTIONS OF LAND DELINEATED AND DESIGNATED AS "PUE"' !PUBLIC UTIUTY EASEMENT). SAID PUBLIC UTIUTY EASEMENTS ARE TO BE KEPT OPEN AND FREE FROM BUILDINGS AND STRUCTURES Of ANY KIND EXCEPT PUBLIC UTIUTY STRUCTURES, IRRIGATION SYSTEMS AND APPURTENTANCES THERETO.
LAWFUL FENCES AND All LAWFUL UNSUPPORTED ROOF OVERHANGS.
OWNER: BEARDEN FAMILY LIMnED PARTNERSHIP
BY:
NAME: _ _____________ _
TITLE: _______________ _
NOTARY ACKNOWLEDGEMENT
A NOTARY PUBLIC OR OTHER OFACER COMPLETING THIS CERTIACATE VERIFIES
ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIACATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY. OR
VALIDITY QFTHAT DQCUM
ST ATE OF CALIFORNIA COUNTY OF ______ _ S.S.
~6TARY PUBLIC, PERSONALLY APPEARi:g~ORE ME,_______ A
WHO PROVED TO ME ON ,-H,~.-.-,s-OF~,-.,-s-,.-c-10-.-v-ev-,o~,-N-CE~IO BE THE PERSON[S) WHOSE NAME!SJ IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHEnHEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORtZED CAPACITY ANO THAT BY HIS/HER/THEIR SIGNATURE[S) ON THE INSTRUMENT THE PERSON!SJ,OR THE ENTITY UPON BEHALF OF WHICH THE PERSON!S), ACTED, EXECUTED THE INSTRUMENT.
I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND.
NOTARY PUBLIC
PRINTED NAME: _____________ _
COUNTY OF: __________ ___ _
COMMISSION EXPIRES: ________ ____ _
COMMISSION NO: ____________ _
CITY CLERK'S STATEMENT I, LUCY l. MALLONEE, CITY CLERK Of THE CIT Y OF LOS BANOS, STATE OF CALIFORNIA, DO
HEREBY STATE THAT AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LOS BANOS, STATE OF CALIFORNIA, HELO ON THIS __ DAY OF ___ 2022. SAID COUNCIL APPROVED THIS MAP: ENTITLED PARCEL MAP NO. 2021-03, AND ACCEPTED ON BEHALF OF THE PUBLIC, SUBJECT TO IMPROVEMEN"JS THE OFFER OF DEDICATION IN EASEMENTS OF ALL PUBLIC UTILITY EASEMENTS (PUE) AS SHOWN ON THIS PARCEL MAP.
DATED THIS_ DAY OF ____ 2022.
LUCILLE L. MALLONEE, CITY CLERK
CITY OF LOS BANOS
RIGHT TO FARM NOTICE
PER MERCED COUNTY ORDINANCE NO. 1213:
THE PROPERTY DESCRIBED ON THE HEREON SHOWN MAP IS IN THE VICINITY OF LAND UTILIZED FOR
AGRICULTURAL PURPOSES AND RESIDENCE OF THIS PROPERTY MAY BE SUBJECT TO INCONVENIENCE
OR DISCOMFORT ARISING FROM THE USE OF AGRICULTURAL CHEMICALS, INCLUDING, BUT NOT LIMnED TO, PESTICIDES AND FERTILIZERS, AND FROM THE PURSUIT OF AGRICULTURAL OPERATIONS, INCLUDING, BUT NOT LIMITED fO. PLOWING, SPRAYING, AND BURNING WHICH OCCASIONALLY MAY GENERATE DUST, SMOKE. NOISE AND ODOR.
THE COUHTY OF MERCED HAS ESTABLISHED AGRICULTURE AS A PRIORITY USE IN AGRICULTURAL ZONES WHICH ARE OUTSIDE AN ESTABLISHED SPEC IAC URBAN DEVELOPMENT !SUDP) BOUNDARY, RURAL RESIDENTIAL CENTER (RRC) BOUNDARY, HIGHWAY INTERCHANGE CENTER !HIC) BOUNDA RY.
OR AGRICULTURAL SERVICE CENTER {ASC) BOUNDARY, AND RESIDENTS OF PROPERTY IN THE VICINITY
OF SUCH AGRICULTURAL ZONES SHOULD BE PREPARED TO ACCEPT INCONVENIENCE OR DISCOMFORT FROM NORMAL, NECESSARY AGRICULT URAL OPERATIONS.
Exhibit B
PARCEL MAP NO. 2021 -03
BEING A SUBDIVISION OF A PORTION OF PARCEL 1 OF PARCEL MAP MINOR SUBDNISION 90-7, RECORDED IN VOLUME 69 OF PARCEL MAPS PAGES 21 ANO 22, RECORDS OF THE COUNTY OF MERCED • STATE Of CALIFORNIA ANO LOCATED IN THE SOUTHW EST QUARTER OF SECTION 12, TOWNSHIP 10 SOUTH, RANGE 10 EAST, MOUNT DIABLO MERIDIAN.
CITY OF LOS BANOS. COUNTY OF MERCED, STATE OF CALIFORNIA CONSISTING OF 2 SHEETS
I
JULY 2022
IIBLS Borum Land surwytng Inc. wwwborumb.ndsunwying..com 144S W.Grand Avenue Sle.C
Crover Beach. Ca 934l3
Ph.!80S)270-41S4
O~lAt-OAVE.
/lJ VICINITY MAP
CITY OF LOS BANOS
EASEMENTS EFFECTING SUBJECT PROPERTY
I. EASEMENT FOR RIGHT OF WAY FOR DITCHES RECORDED NOVEMBER 21. 1879, BOOK '"P'' Of DEEDS, PAGE 260, Of OFFICIAL RECORDS - THE EXACT LOCATION AND EXTENT Of SAID EASEMENT IS NOT DISCLOSED Of RECORD.
2. EASEMENT FOR RIGHTS Of WAY FOR ROAD, CANALS. DITCHES AND POLE LINES AND RIGHTS INCIDENTAL THERETO RECORDED AUGUST 7, 1932, BOOK 338, PAGE 376, OF OFFICIAL RECORDS . THE EXACT LOCA T!ON AND EXTENT OF SAID EASEMENT IS NOT DISCLOSED OF RECORD.
3. EASEMENT FOR RIGHTS OF WAY FOR ALL EXISTING ROADS, TELEPHONES, TELEGRAPH AND ELECTRIC POWER AND PIPE LINES, .SEWERS, DRAINAGE DITCHES, CANALS AND REPAIR THE SAME RECORDED-AUGUST 4, 1932. BOOK 372, PAGE 400, OF OFFICIAL RECORDS· THE EXACT LOCATION ANO EXTENT OF SAID EASEMENT IS NOT DISCLOSED OF RECORD.
4. EASEMENT FOR SANITARY SEWER RECORDED MAY 3. 1963, BOOK 1609, PAGE 654, OF OFFICIAL RECORDS EXACT LOCATION AND EXTENT OF SAID EASEMENT Uf-lPLOTTABLE DUE TO REFERENCED DOCUMENTS BEING UNAVAILABLE FROM TITLE.
5. EASEMENT FOR DRAINAGE PURPOSES RECORDED DECEMBER 19, 1978, INSTRUMENT NO. 32697, BOOK 2153, PAGE 673, Of OFFICIAL RECORDS.
6. EASEMENT FOR SEWER AND MANHOLE MAINTENANCE RECORDED OCTOBER 2, 19BO, INSTRUMENT f-10. 22992, BOOK 2253, PAGE 531, OF OFACIAL RECORDS.
7. THE FOLLOWING AS NOTED ON THE PARCEL MAP REFEREED TO HEREIN; THE CITY OF LOS BANOS RESERVES THE RIGHT TO PLACE A DOMESTIC WELL SITE ON PARCELS I AND 2, PRECISE LOCATION OF THE SITE HAS NOT BEEN DETERMINED.
8. EASEMENT FOR STATE RIGHT OF WAY RECORDED APRIL 16, 2003, INSTRUMENT NO. 2003-023270. OF OFFICIAL RECORDS.
9. EASEMENT FOR HtGHWA Y SLOPES RECORDED OCTOBER 28, 2003, INSTRUMENT NO. 2003-070333, OF OFFICIAL RECORDS.
10. EASEMENT FOR PUBLIC UTILITIES RECORDED AS DOCUMENT NO. 2016035773. OF
OFFICIAL RECORDS
11. EASEMENT AGREEMENT RECORDED AS DOCUMENT NO. 2019019.soJ, OF OFFICIAL RECORDS.
12. EASEMENT FOR DECLARATION OF RECIPROCAL EASEMENTS AND ACCESS AGREEMENT RECORDED AS DOCUMENT NO. 019019501. OF OFFICIAL RECORDS.
RECOMMENDED FOR APPROVAL I
TPM NO. 2021-03
SURVEYOR'S STATEMENT
THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD
SURVEY MADE IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBONISION MAP ACT AND LOCAL ORDINANCE At THE REQUEST Of BEARDEN FAMILY ON JUNE, 2021 AND SAID FIELD SURVEY IS TRUE AND COMPLETE AS SHOWN. I HEREBY STATE THAT THIS PARCEL
MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED TENTATNE MAP, IF ANY, ANO THAT All MONUMENTS ARE OF THE CHARACTER AND OCCUPY, OR WILL OCCUPY, THE POSITIONS INDICATED ON OR BEFORE JUNE, 2023 AND ARE, OR WILL BE. SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED.
BRIAN S. BORUM, LS 8006 DATE
CITY ENGINEER'S STATEMENT
t HEREBY STATE THAT I HAVE EXAMINED THIS MAP; THAT THE SUBDNISION AS SHOWN HEREON
IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP, AND ANY APPROVED
ALTERATIONS THEREOF AND THAT IT IS IN COMPLIANCE WITH THE PROVISIONS OF THE SUSOMSION MAP ACT. DIVISION 2 !COMMENCING WITH SECTION 66410) OF TITLE 7 OF THE GOVERNMENT CODE AND ANY LOCAL ORDINANCES APPLICABLE AT THE TIME Of APPROVAL OF THE TENTATIVE MAP, IF REQUIRED, HAVE SEEN COMPLIED WITH.
DATEDTHIS __ DAY OF ______ am.
SOKNIRORN THAN, RCE 91278
CITY ENGINEER
CITY SURVEYOR'S STATEMENT
I HEREBY STATE THAT I HAVE EXAMINED THIS PARCEL MAP AND THAT I AM SATISFIED THAT THIS MAP IS TECHNICALLY CORRECT.
DATEDTHIS __ DAYOF ______ 2022.
ANNE-SOPHIE TRUONG, PLS 8998
ACTING CITY SURVEYOR
PLANNING COMMISSIONS'S STATEMENT
I. STACY SOUZA ELMS, DIRECTOR FOR THE CITY OF LOS BANOS COMMUNITY AND
ECONOMICS DEVELOVMENT DEPARTMENT, DO HEREBY STATE THAT TH E PLANNING COMMISSJON HAS APPROVED THIS PARCEL MAP NO. 2021-03 ON THE __ DAY OF ___ 20_ ANO THAT THE SUBONISION SHOWN HEREON IS SUBSTANTIALLY THE SAME AS THAT SHOWN ON THE TENTATIVE PARCEL MAP.
DATEDTHIS __ DAYOF ______ 2022.
STACY SOUZA ELMS. DIRECTOR FOR THE CITY OF LOS BANOS COMMUNITY
AND ECONOMICS DEVELOPMENT DEPARTMENT
RECORDER'S STATEMENT
FILED THIS _ DAY OF ___ 20_ AT __ O'CLOCK,_M.
IN VOLUME __ OF PARCEL MAPS, AT PAGE!SJ ___ MERCED COUNTY RECORDER AT THE REQUEST OF BRIAN 80RUM- lAND SURVEYOR.
FEE:$ __ _
NO_· __ _
MATT H. MAY
COUNTY RECORDER OF
MERCED COUNTY, CAllfORNIA
FLOOD HAZARD ZONE
~~-=~SIS~,.~Nl ~ ~/ D~EP~u~,v~R~EC~O~ROER
AS DELINEATED ON THE FEDERAL EMERGENCY MANAGEMENT AGENCY'S FLOOD INSURANCE RATE MAP {MAP NUMBER 06047C08SOG) FOR COMMUNITY NO. 060747, CITY OF LOS BANOS, MERCED COUNTY, CALIFORNIA, EFFECTNE DECEMBER 2, 2'.X)B, THE
PROPERTY SHOWN ON THIS MAP LIES FULLY WITHIN A FLOOD ZONE AREA DESIGNATED ZONE X (UNSHADED), WHICH ARE AREAS OF MINIMAL FLOODING.
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52 TO:
FROM:
DATE:
LOsBanos
At tltc C1ossroalls ,~f Cali{<n 11ia
Agenda Staff Report
Mayor Pro T em and City ~ouncil Mem~
Ray Reyna, Police Commander / f/
October 5, 2022
SUBJECT: Police Department awarded $50,000.00 California Office of Traffic Safety STEP Grant
TYPE OF REPORT: Consent Agenda
Recommendation:
Approve the acceptance of the California Office of Traffic Safety Selective Traffic Enforcement Program (STEP) grant, grant number PT23126, in the amount of $50,000.00 for FY 2022-2023 and approve an increase in City expenditures and revenues in the amount of $50,000.00 for the FY 2022-2023 Discussion:
The Police Department has applied for and been awarded a 12-month California Office of Traffic Safety (OTS) assistance grant in the amount of $50,000.00. This funding will be devoted to specific goals and objectives related to traffic enforcement and the training of staff. Some of the goals and objectives related to this grant are:
-To reduce the number of persons injured and killed in alcohol and non-alcohol related traffic collisions.
-To reduce the number of hit and run injury and non-injury related collisions. -To reduce the number of hit and run non-injury, injury and fatal collisions. -To reduce the number of bicycle and pedestrian related collisions. -To conduct a variety of traffic enforcement operations to increase public safety.
To accomplish the above goals and objectives, the Department will use this grant to 53 focus on the following: Advanced officer training related to DUI enforcement, the use of press releases and media advisories to increase public awareness, DUI checkpoints, DUI saturation patrols, DUI offender warrant service operations, red light enforcement, and speed enforcement.
The budget for this grant, including account numbers are as follows:
Revenues:
State Grant:
Expenditures:
Overtime:
Benefits
Travel/Training:
DUI Checkpoint Supplies
Fiscal Impact:
246-000-334-010
100-421-170-103
100-421-170-120
100-421-170-257
100-421-170-267
$50,000.00
$43,250.00
$3,310.00
$2,720.00
$720.00
Revenues and Expenditures for the 2022-2023 fiscal year will increase in the amount of $50,000.00. A portion of this grant will extend into the FY 2023-2024 as the grant cycle will end on September 30, 2023.
Reviewed by:
Brent Kuhn, Interim Finance Director
Attachments:
Resolution
Office of Traffic Safety Grant Agreement
54 RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS APPROVING THE
ACCEPTANCE OF A $50,000.00 GRANT
(PT23126) FROM THE CALIFORNIA OFFICE OF
TRAFFIC SAFETY (OTS) AND AMENDING THE
2022-2023 FISCAL YEAR BUDGET BY
INCREASING THE APPROPRIATION AMOUNT
OF THE STATE GRANT FUND ACCOUNT FOR
EXPENDITURES AND REVENUES IN THE
AMOUNT OF $50,000.00
WHEREAS, careless and intoxicated drivers are among the most serious hazards on our public roadways; and
WHEREAS, through public awareness, department training, enforcement action and high visibility law enforcement efforts, the Los Banos Police Department can reduce the number of traffic related incidents which cause death or serious injuries; and WHEREAS, the Los Banos Police Department has applied for and been awarded an $50,000.00 grant through the California Office of Traffic Safety (OTS) to enforce traffic related crimes and provide advanced law enforcement training.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby approve the acceptance of the Office of Traffic Safety grant (PT23126) in the amount of $50,000.00, beginning October 1, 2022 and ending September 30, 2023, to assist in the enforcement of alcohol related crimes and increase the appropriation limit for revenues in the amount of $50,000.00; and expenditures in the amount of $50,000.00 within the State Grant Fund. The budget for this grant, including account numbers is as follows:
Revenues:
State Grant:
Expenditures:
Overtime:
Benefits
Travel/Training:
DUI Checkpoint Supplies
246-000-334-010
100-421-170-103
100-421-170-120
100-421-170-257
100-421-170-267
$50,000.00
$43,250.00
$3,310.00
$2,700.00
$720.00
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 5th day of October 2022, by Council Member 1 55
___ who moved its adoption, which motion was duly seconded by Council Member ___ and the Resolution adopted by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
Kenneth Lambert, Mayor Pro Tern
ATTEST:
Lucille L. Mallonee, City Clerk
2 56
State of California - Office of Traffic Safety
GRANT AGREEMENT
1. GRANT TITLE
Selective Traffic Enforcement Program (STEP)
2. NAME OF AGENCY
Los Banos
4. AGENCY UNIT TO ADMINISTER GRANT
Los Banos Police Department
5. GRANT DESCRIPTION
3. Grant Period
From: 10/01/2022
To: 09/30/2023
GRANT NUMBER
PT23126
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors . The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strateqies are desiqned to earn media attention thus enhancinq the overall deterrent effect.
6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $50,000.00
7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:
• Schedule A - Problem Statement, Goals and Objectives and Method of Procedure • Schedule B - Detailed Budget Estimate and Sub-Budget Estimate (if applicable) • Schedule B-1 - Budget Narrative and Sub-Budget Narrative (if applicable) • Exhibit A - Certifications and Assurances
• Exhibit B* - OTS Grant Program Manual
• Exhibit C - Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto.
These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov.
We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
8. Approval Signatures
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME: Michael Neal ADDRESS: Ray Reyna
TITLE: Police Detective Police Commander
EMAIL: [email protected] ray [email protected] PHONE: (209) 827-2520 (209) 829-3516
ADDRESS: 520 J Street 520 J Street
Los Banos, CA 93635 Los Banos, CA 93635
(Signature) (Date) (Signature) (Date)
C. FISCAL OFFICIAL D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY ADDRESS: Kim Tomas ADDRESS: Barbara Rooney
Finance Director Director
[email protected] [email protected]
(209) 827-7000 ext. 2419 (916) 509-3030
520 J Street 2208 Kausen Drive, Suite 300
Los Banos, CA 93635 Elk Grove, CA 95758
(Signature) (Date) (Signature) (Date)
9/15/2022 8:41 :34 AM Page 1 of 16
57 E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu
ADDRESS: 2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION
164AL-23 20.608 0521-0890-101
402PT-23 20.600 0521-0890-101
SAM#: HCKYHK?SRA 11
REGISTERED
ADDRESS: 520 J St
CITY: Los Banos
Z1P+4: 93635-4240
F.Y. CHAPTER STATUTE
2022 43/22 BA/22
2022 43/22 BA/22
AGREEMENT
TOTAL
PROJECTED
EXPENDITURES
$30,000.00
$20,000.00
$50,000.00
AMOUNT ENCUMBERED BY THIS DOCUMENT
$50,000.00
I CERTIFY upon my own personal knowledge that the budgeted PRIOR AMOUNT ENCUMBERED FOR THIS funds for the current budget year are available for the period and purpose of the expenditure stated above. AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER'S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $50,000.00
9/15/2022 8:41 :34 AM Page 2 of 16
58 State of California - Office of Traffic Safety
GRANT AGREEMENT
Schedule A
1. PROBLEM STATEMENT
GRANT NUMBER
PT23126
The City of Los Banos is centrally located at the crossroads of Highway 152 and Highway 165, more commonly known as the "Crossroads of California." Our position on Highway 152 also makes our city one of the key crossings between Highway 99 and Interstate 5. These key roadways add thousands more motorists to the city's population daily. Apart from the additional motorists traveling through the city, our Police Department serves a local population of approximately 40,000 people. In addition, there are several new housing developments underway which are expected to increase the city's population significantly.
Los Banos continues to have problems with fatal and injury crashes. In 2019, the city had 3 traffic fatalities.
In 2020, we saw a decrease in the number of fatalities (1 ), but also a decrease in the number of crashes due to stay at home orders and lockdowns resulting from the COVID-19 pandemic. When the lockdown orders were lifted in 2021, fatalities and crashes rose to their previous levels. In 2021, Los Banos had 3 fatalities .
There were 147 people injured in crashes in Los Banos in 2021, an increase from 141 in 2019.
During 2021 , Los Banos PD issued 1,748 tickets for traffic moving violations and 55 traffic administrative citations. Los Banos PD had 143 DUI arrests in 2021. This is an increase from the 96 in 2019. Nighttime crashes increased from 27 to 34 from 2019 to 2021 . Total incidents for crashes increased from 421 to 488 from 2019 to 2021. Los Banos PD continues to have issues with traffic violations, unsafe driving, and driving while under the influence of alcohol. With the help of OTS grant funds, Los Banos PD will work to drastically reduce all these traffic related issues. Los Banos PD's increased enforcement and education will impact the City of Los Banos, our jurisdiction for law enforcement activities . However, the population impacted by grantfunded enforcement activities far exceeds that of just the citizens within the City of Los Banos.
2. PERFORMANCE MEASURES
A. Goals:
1. Reduce the number of persons killed in traffic crashes.
2. Reduce the number of persons injured in traffic crashes.
3. Reduce the number of pedestrians killed in traffic crashes.
4. Reduce the number of pedestrians injured in traffic crashes.
5. Reduce the number of bicyclists killed in traffic crashes.
6. Reduce the number of bicyclists injured in traffic crashes .
7. Reduce the number of persons killed in alcohol-involved crashes.
8. Reduce the number of persons injured in alcohol-involved crashes.
9. Reduce the number of persons killed in drug-involved crashes.
10. Reduce the number of persons injured in drug-involved crashes .
11. Reduce the number of persons killed in alcohol/drug combo-involved crashes.
12. Reduce the number of persons injured in alcohol/drug combo-involved crashes.
13. Reduce the number of motorcyclists killed in traffic crashes .
14. Reduce the number of motorcyclists injured in traffic crashes.
15. Reduce hit & run fatal crashes.
16. Reduce hit & run injury crashes.
17. Reduce nighttime (2100 - 0259 hours) fatal crashes.
18. Reduce nighttime (2100 - 0259 hours) injury crashes.
B. Objectives:
1. Issue a press release announcing the kick-off of the grant by November 15. The kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 14 days prior to the issuance date of the release.
2. Participate and report data (as required) in the following campaigns; Quarter 1:
National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket 9/15/2022 8:41 :34 AM
Target Number
1 10
59 Mobilization; Quarter 4: NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month.
3. Develop (by December 31) and/or maintain a "DUI BOLO" program to notify patrol 12 and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthly.
4. Send law enforcement personnel to the NHTSA Standardized Field Sobriety 6 Testinq (SFST) (minimum 16 hours) POST-certified traininq.
5. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted 4 during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre-approval will OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARI DE-trained.
6. Conduct DUI Saturation Patrol operation(s). 7
7. Conduct Traffic Enforcement operation(s), including but not limited to, primary 8 crash factor violations.
8. Conduct highly publicized Distracted Driving enforcement operation(s) targeting 2 drivers usinq hand held cell phones and textinq.
9. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in 2 areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers.
10. Conduct Traffic Safety educational presentation(s) with an effort to reach 2 community members. Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety.
11. Send law enforcement personnel to DUI Checkpoint Planning and Management 1 training.
3. METHOD OF PROCEDURE
A. Phase 1 - Program Preparation (1 st Quarter of Grant Year) • The department will develop operational plans to implement the "best practice" strategies outlined in the objectives section.
• All training needed to implement the program should be conducted this quarter. • All grant related purchases needed to implement the program should be made this quarter . • In order to develop/maintain the "DUI BOLOs," research will be conducted to identify the "worst of the worst" repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The Hot Sheets may include the driver's name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. DUI BOLOs should be updated and distributed to traffic and patrol officers at least monthly. • Implementation of the STEP grant activities will be accomplished by deploying personnel at high crash locations.
• Media Requirementslssue a press release approved by the OTS PIO announcing the kick-off of the grant by November 15, but no sooner than October 1. The kick-off release must be approved by the OTS PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the November 15 deadline to issue a kick-off press release, communicate reasons to your OTS coordinator and OTS PIO.
B. Phase 2 - Program Operations (Throughout Grant Year) • The department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes.
Media Reauirements
9/15/2022 8:41 :34 AM Page 4 of 16
60 The following requirements are for all grant-related activities:
•
•
•
•
•
•
•
•
•
•
•
•
Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the Coordinator.
Pre-approval is not required when using any OTS-supplied template for media advisories, press releases, social media graphics, videos or posts, or any other OTS-supplied educational material.
However, copy the OTS PIO at [email protected] and your OTS coordinator when any material is distributed to the media and public, such as a press release, educational material, or link to social media post. The OTS-supplied kick-off press release templates and any kickoff press releases are an exception to this policy and require prior approval before distribution to the media and public.
If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy to your OTS Coordinator. Optimum lead time would be 7 days prior to the scheduled release date, but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
Press releases, social media posts and alerts on platforms such as NextDoor and Nixie reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are exempt from the OTS PIO approval process. The OTS PIO and your Coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are exempt from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your Coordinator with embargoed date and time or with "INTERNAL ONLY: DO NOT RELEASE" message in subject line of email.
Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval. Please send to the OTS PIO at [email protected] for approval and copy your grant coordinator at least 3 business days prior to the scheduled release date.
Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS Coordinator for approval prior to the production or duplication.
Use the following standard language in all press, media, and printed materials, space permitting:
Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.
Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult your OTS Coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo.
Email the OTS PIO at [email protected] and copy your OTS Coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event.
If unable to attend, email the OTS PIO and coordinator brief highliqhts and/or results, including 9/15/2022 8:41 :34 AM Page 5 of 16
61 any media coverage (broadcast, digital, print) of event within 7 days following significant grantrelated event or program. Media and program highlights are to be reflected in QPRs. • Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year.
• Contact the OTS PIO or your OTS Coordinator for consultation when changes from any of the above requirements might be warranted.
C. Phase 3- Data Collection & Reporting (Throughout Grant Year)
1. Prepare and submit invoice claims (due January 30, April 30, July 30, and October 30)
2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)
• Collect and report quarterly, appropriate data that supports the progress of goals and objectives. • Provide a brief list of activity conducted , procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.
• Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.
• Collect, analyze and report statistical data relating to the grant goals and objectives.
4. METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the "Final Evaluation" section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant's accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.
5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.
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62 State of California - Office of Traffic Safety
GRANT AGREEMENT
Schedule B
FUND NUMBER CATALOG
NUMBER (CFDA)
164AL-23 20.608
402PT-23 20.600
COST CATEGORY
A. PERSONNEL COSTS
Straight Time
Overtime
DUI/DL Checkpoints
DUI Saturation Patrols
Traffic Enforcement
Distracted DrivinQ
Pedestrian and Bicycle Enforcement
Category Sub-Total
8. TRAVEL EXPENSES
In State Travel
Category Sub-Total
C. CONTRACTUAL SERVICES
Category Sub-Total
D. EQUIPMENT
Category Sub-Total
E. OTHER DIRECT COSTS
DUI Checkpoint Supplies
Category Sub-Total
F. INDIRECT COSTS
Category Sub-Total
GRANT TOTAL
9/15/2022 8:41 :34 AM
FUND DESCRIPTION
Minimum Penalties for Repeat
Offenders for Driving While
Intoxicated
State and Community Highway
Safety
FUND UNIT COST OR UNITS
NUMBER RATE
164AL-23 $4,800.00 4
164AL-23 $1,440.00 7
402PT-23 $1,440.00 8
402PT-23 $1,440.00 2
402PT-23 $1,440.00 2
402PT-23 $2,720.00 1
164AL-23 $720.00 1
GRANT NUMBER
PT23126
TOT AL AMOUNT
$30,000.00
$20,000.00
TOT AL COST TO
GRANT
$0.00
$19,200.00
$10,080.00
$11,520.00
$2,880.00
$2,880.00
$46,560.00
$2,720.00
$0.00
$2,720.00
$0.00
$0.00
$0.00
$0.00
$720.00
$720.00
$0.00
$0.00
$50,000.00
63 State of California - Office of Traffic Safety
GRANT AGREEMENT
Schedule B-1
PERSONNEL COSTS
BUDGET NARRATIVE
GRANT NUMBER
PT23126
DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Distracted Driving - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Pedestrian and Bicycle Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
TRAVEL EXPENSES
In State Travel - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate . Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds.
CONTRACTUAL SERVICES
-
EQUIPMENT
-
OTHER DIRECT COSTS
DUI Checkpoint Supplies - On-scene supplies needed to conduct sobriety checkpoints. Costs may include 28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares, PAS Device/Calibration Supplies, heater, propane for heaters, fan, anti-fatigue mats, and canopies.
Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed. Each item must have a unit cost of less than $5,000 (including tax and shipping).
INDIRECT COSTS
-
STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.
Nothing in this "agreement" shall be interpreted as a requirement, formal or informal, that a particular law enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives here under.
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64 State of California - Office of Traffic Safety
GRANT AGREEMENT
GRANT NUMBER
PT23126
Exhibit A
CERTIFICATIONS AND ASSURANCES FOR HIGHWAY SAFETY GRANTS (23 U.S.C. Chapter4; Sec.1906, Pub. L.109-59, As Amended By Sec. 4011, Pub. L.114-94) The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding .
Applicable provisions include, but are not limited to, the following:
GENERAL REQUIREMENTS
• 23 U.S.C. Chapter 4 - Highway Safety Act of 1966, as amended • Sec. 1906, Pub. L. 109-59, as amended by Sec. 4011, Pub. L. 114-94 • 23 CFR part 1300 - Uniform Procedures for State Highway Safety Grant Programs • 2 CFR part 200 - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards
• 2 CFR part 1201 - Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards
NONDISCRIMINATION
(applies to all subrecipients as well as States)
The State highway safety agency will comply with all Federal statutes and implementing regulations relating to nondiscrimination ("Federal Nondiscrimination Authorities"). These include but are not limited to:
•
•
•
•
•
•
•
•
•
Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin) and 49 CFR part 21; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601 ), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex);
Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally-funded or not);
Titles II and Ill of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38;
Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations (prevents discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations); and Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (guards against Title VI national origin discrimination/discrimination because of limited English proficiency (LEP) by ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access to programs (70 FR 7 4087-7 4100 ).
The Subgrantee9/15/2022 8:41 :34 AM Page 9 of 16
65 • Will take all measures necessary to ensure that no person in the United States shall, on the grounds of race, color, national origin, disability, sex, age, limited English proficiency, or membership in any other class protected by Federal Nondiscrimination Authorities, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any of its programs or activities, so long as any portion of the program is Federally-assisted; • Will administer the program in a manner that reasonably ensures that any of its subrecipients, contractors, subcontractors, and consultants receiving Federal financial assistance under this program will comply with all requirements of the Non- Discrimination Authorities identified in this Assurance;
• Agrees to comply (and require its subrecipients, contractors, subcontractors, and consultants to comply) with all applicable provisions of law or regulation governing US DOT's or NHTSA's access to records, accounts, documents, information, facilities, and staff, and to cooperate and comply with any program or compliance reviews, and/or complaint investigations conducted by US DOT or NHTSA under any Federal Nondiscrimination Authority;
• Acknowledges that the United States has a right to seek judicial enforcement with regard to any matter arising under these Non-Discrimination Authorities and this Assurance; • Agrees to insert in all contracts and funding agreements with other State or private entities the following clause:
o "During the performance of this contract/funding agreement, the contractor/funding recipient agreesa. To comply with all Federal nondiscrimination laws and regulations, as may be amended from time to time;
b. Not to participate directly or indirectly in the discrimination prohibited by any Federal nondiscrimination law or regulation, as set forth in appendix B of 49 CFR part 21 and herein; c. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the State highway safety office, US DOT or NHTSA; d. That, in event a contractor/funding recipient fails to comply with any nondiscrimination provisions in this contract/funding agreement, the State highway safety agency will have the right to impose such contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the contractor/funding recipient under the contract/agreement until the contractor/funding recipient complies; and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part;and
e. To insert this clause, including paragraphs (a) through (e), in every subcontract and subagreement and in every solicitation for a subcontract or sub-agreement, that receives Federal funds under this program.
THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U,S,C, 8103)
The Subgrantee will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about:
1. The dangers of drug abuse in the workplace;
2. The grantee's policy of maintaining a drug-free workplace;
3. Any available drug counseling, rehabilitation, and employee assistance programs;
4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;
5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a); c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will -
1 . Abide by the terms of the statement;
2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an 9/15/2022 8:41 :34 AM Page 10 of 16
66 employee or otherwise receiving actual notice of such conviction; e . Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted -
1. Taking appropriate personnel action against such an employee, up to and including termination;
2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above.
POLITICAL ACTIVITY <HATCH ACT)
(applies to all subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501 -1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.
CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to all subrecipients as well as States)
Certification for Contracts, Grants, Loans, and Cooperative Agreements The signed certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions;
3. The undersigned shall require that the language of this certification be included in the award documents for all sub-award at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
RESTRICTION ON STATE LOBBYING
(applies to all subrecipients as well as States)
None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to all subrecipients as well as States)
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67 Instructions for Primary Tier Participant Certification (States)
1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.
2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.
3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.
4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200.
You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.
6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.
7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled "Instructions for Lower Tier Participant Certification" including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.
8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov/).
9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency may terminate the transaction for cause or default.
Certification Regarding Debarment. Suspension. and Other Responsibility Matters-Primary Tier Covered Transactions
(1) The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment 9/15/2022 8:41 :34 AM Page 12 of 16
68 rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; ( c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (1 )(b) of this certification; and
( d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. (2) Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.
Instructions for Lower Tier Participant Certification
1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200.
You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled "Instructions for Lower Tier Participant Certification" including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov/).
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.
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69 Certification Regarding Debarment. Suspension. lneligibilitv and Voluntary Exclusion -- Lower Tier Covered Transactions:
1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.
2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.
BUY AMERICA ACT
(applies to all subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation.
PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to all subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists.
POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references.
POUCY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company-owned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or reevaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving. 9/15/2022 8:41 :34 AM Page 14 of 16
70 State of California - Office of Traffic Safety
OTS-55 Grant Electronic Management System (GEMS) Access Exhibit C
INSTRUCTIONS FOR ADDING OR UPDATING GEMS USERS
1. Each agency is allowed a total of FIVE (5) GEMS Users.
GRANT NUMBER
PT23126
2. GEMS Users listed on this form will be authorized to login to GEMS to complete and submit Quarterly Performance Reports (QPRs) and reimbursement claims.
3. Complete the form if adding, removing or editing a GEMS user(s).
4. The Grant Director must sign this form and return it with the Grant Agreement.
GRANT DETAILS
Grant Number:
Agency Name:
Grant Title:
Agreement Total:
Authorizing Official:
Fiscal Official:
Grant Director:
I CURRENT GEMS USER(S)
1. Michael Neal
Title: Police Detective
Phone: (209) 827-2520
PT23126
Los Banos Police Department
Selective Traffic Enforcement Program (STEP)
$50,000.00
Ray Reyna
Kim Tomas
Michael Neal
Media Contact: No
Email: [email protected]
9/15/2022 8:41 :34 AM Page 15 of 16
71 Complete the below information if adding, removing or editing a GEMS user(s) GEMS User 1 Add as a media contact? Yes D No□ Add/Change 0 Remove Access D Name Job Title
Email address Phone number
GEMS User 2 Add as a media contact? YesO No □ Add/Change 0 Remove Access D Name Job Title
Email address Phone number
GEMS User 3 Add as a media contact? YesO No □ Add/Change 0 Remove Access D Name Job Title
Email address Phone number
GEMS User 4 Add as a media contact? YesO No □ Add/Change 0 Remove Access D Name Job Title
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GEMS User 5 Add as a media contact? YesO No □ Add/Change 0 Remove Access D Name Job Title
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Form completed by: Date:
As a signatory I hereby authorize the listed individual(s) to represent and have GEMS user access.
Signature Name
Grant Director
Date Title
9/15/2022 8:41 :34 AM Page 16 of 16
72 TO:
FROM:
DATE:
LOsBanos
\t the ( 1os~1oad, o} u/1/0111,a
Agenda Staff Report
Mayor Pro Tern & Council Members
Gregory B. Wellman, Interim City Manager 1
October 5, 2022
SUBJECT: Employment Agreement for Fire Chief - Paul Tualla TYPE OF REPORT: Consent Agenda
Recommendation:
That the City Council approve a Resolution accepting and approving the Employment Agreement for Fire Chief with Paul Tualla.
Discussion:
In light of the retirement of the former Fire Chief, the City went through a comprehensive recruitment and screening process to identify the best-qualified candidate to the Fire Chief position, for which Paul Tualla has been selected by the Interim City Manager to be the City's next Fire Chief. Pursuant to the City Manager's appointment authority under the Los Banos Municipal Code Section 2-3.115 the City Manager has evaluated Mr. Tualla's knowledge, experience, administrative skills, and ability to serve as the City's Fire Chief, and has determined that the Mr. Tualla has the necessary education, experience, skills and expertise to serve as the City's Fire Chief.
Mr. Tualla's Employment Agreement includes the following key provisions:
• Effective date: November 1, 2022
• Base salary: $172,584 ($14,382 per month)
• Medical / dental / vision / life insurance packages to the same extent as other exempt management employees hired on or after April 1, 2010 • Retirement: Contribute seven percent (12%) of Employee's reportable wages to the California Public Employees' Retirement System (CalPERS) for the 3% at age 55 formula.
73 • Retirement Health Savings Plan. Contribute $75 per month toward a Health Savings Plan.
• Vacation Leave: Accrual of one-hundred twenty (120) hours of annual vacation leave each year of employment, accruing ten (10) hours a month, and accumulate a maximum of two-hundred forty (240) hours. Employee shall be entitled to any vacation buyback program applicable to other exempt management employees. • Education Incentive Pay: $225 per month for MA/MS
• Bilingual Incentive Pay: If eligible, Employee shall be entitled to bilingual incentive pay in accordance with the following formula: $50 per month for Basic Verbal Skills; or $100 per month for Comprehensive Verbal Skills; or $150 per month for Written presentation Skills
• Administrative Leave: Ten (10) workdays off, with full salary and benefits, during every fiscal year of employment. Every July 1st, eighty (80) hours are accrued and may not be carried over. Employee will receive a pro-rated amount based on hire date.
• City Vehicle: Employee shall be provided a city vehicle for City-related business and/or functions during, before and after normal work hours. • Uniform Allowance: City shall budget and shall provide and maintain the required uniforms and equipment in accordance with the Los Banos Fire Department standards and will report uniform expenses to CalPERS in accordance with applicable regulations.
• Certificate Pay: To the same extent as other Los Banos Fire Department employees as follows: $50 per month for a State of California Firefighter II Certificate, or $100 per month for a State of California Fire Marshall Fire Officer Certificate
As Fire Chief, Mr. Tualla will be responsible to plan, organize, direct and review the activities and operations of the Fire Department including fire suppression, hazardous material mitigation, fire and life safety, code compliance, emergency medical services and administrative support services; to coordinate assigned activities with other departments and outside agencies; and to provide highly responsible and complex administrative support to the City Manager.
This at will employment agreement has been reviewed and approved by the City Attorney.
Fiscal Impact:
This at will employment agreement is projected to cost the City of Los Banos approximately $21,025 a month.
Attachments:
Resolution/Employment Agreement
74 RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS RATIFYING THE INTERIM
CITY MANAGER'S APPROVAL OF THE
EMPLOYMENT AGREEMENT WITH THE FIRE
CHIEF PAUL TUALLA
WHEREAS, the City is in need of the services of a Fire Chief and the City has engaged in a comprehensive recruitment and screening process to identify the best qualified candidate to fill the Fire Chief position; and WHEREAS, after conclusion of the recruitment process, Interim City Manager has selected Paul Tualla as the City's next Fire Chief and has negotiated the terms of his employment agreement; and
WHEREAS, pursuant to his appointment authority under the Los Banos Municipal Code Section 2-3.115 the City Manager has evaluated Paul Tualla's knowledge, experience, administrative skills, and ability to serve as the City's Fire Chief, and has determined that he has the necessary education, experience, skills and expertise to serve as the City's Fire Chief; and
WHEREAS, the City desires to employ Paul Tualla as the Fire Chief; and WHEREAS, Paul Tualla desires to accept the employment as Fire Chief; and WHEREAS, the parties desire to enter into a written agreement setting forth the terms and conditions of Paul Tualla's employment as Fire Chief; and WHEREAS, the City Attorney has reviewed the Fire Chief Employment Agreement.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Los Banos hereby ratifies the Interim City Manager's selection and appointment of Paul Tualla for the positon of Fire Chief pursuant to the City Manager's appointing power under Los Banos Municipal Code Section 2-3.115, and the City Council hereby approves the Employment Agreement for Paul Tualla to serve as Fire Chief of the City of Los Banos as presented in Exhibit A.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 5th day of October 2022, by Council Member who moved its adoption, which motion was duly seconded by Council Member __ and the Resolution adopted by the following vote:
75 A YES: Council Members
NOES:
ABSENT:
APPROVED:
Kenneth Lambert, Mayor Pro Tern
ATTEST:
Lucille L. Mallonee, City Clerk
76 EXHIBIT A
CITY OF LOS BANOS
EMPLOYMENT AGREEMENT
Department Head - Fire Chief
This Employment Agreement ("Agreement") is made and entered into as of this __ day of September 2022, by and between the City of Los Banos, a municipal corporation, (hereinafter the "City"), and Paul Tualla, (hereinafter "Employee").
RECITALS
1. The City is in need of the services of a Fire Chief and the City has engaged in a comprehensive recruitment and screening process to identify the best-qualified candidate to fill the Fire Chief position.
2. Pursuant to his appointment authority under the Los Banos Municipal Code Section 2-3 .115 the City Manager has evaluated Employee's knowledge, experience, administrative skills, and ability to serve as the City's Fire Chief, and has determined that the Employee has the necessary education, experience, skills and expertise to serve as the City's Fire Chief.
3. The City desires to employ Employee as the Fire Chief.
4. Employee desires to accept the employment as Fire Chief.
5. The parties desire to enter into a written agreement setting forth the terms and conditions of Employee's employment as Fire Chief.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows:
1. Appointment and Employment
The City Manager hereby appoints Employee as the Fire Chief of the City of Los Banos pursuant to the City Manager's appointing power under Los Banos Municipal Code Section 2- 3 .115, and the City Council hereby approves this Agreement for Employee to serve as Fire Chief of the City of Los Banos.
2. Term of Employment
(a) This Agreement shall become effective as of November 1, 2022 and continue until terminated as provided for in this Agreement.
,.,
.) . Salary and Benefits
(a) Salary: City agrees to pay Employee an annual base salary of $172,584 ($14,382 per month) payable in equal semi-monthly installments at the same time and in the same manner that 1 77
other City employees are paid. This salary shall be effective as of November 1, 2022. Subject to a satisfactory annual performance evaluation (in accordance with Section 6 herein), the City Manager may grant, in their sole discretion, an increase in the annual base salary.
The annual base salary may only be reduced at the same time and in the same percentage as any across-the-board reduction that is imposed upon other management employees in the City. (b) Cost of Living Adjustment: Employee shall be entitled to the same percentage cost ofliving adjustment (COLA) as other Unrepresented/Miscellaneous Employees. ( c) Except as otherwise provided in this Agreement, Employee shall be entitled to receive all benefits as they now exist or may hereinafter be provided to other Management employees of the City as set forth in the Los Banos Personnel Policy Manual, including any changes or modifications to said benefits. Eligibility and benefits will be as determined by the applicable laws, regulations and plan documents.
(1) Medical / Dental / Vision / Life Insurance: Employee shall be provided medical / dental / vision / life insurance packages to the same extent as other exempt management employees hired on or after April 1, 2010 [Employee hire date is November 1, 2022]. Benefit levels and eligibility for benefits are defined in the contracts between the insurance providers and the City. (See, Section 5005 Los Banos Personnel Policy).
Employees who opt out of participating in the group medical plans sponsored by the City, and who provide proof of their medical coverage in a group plan, will receive a Cafeteria Plan Allowance of $485 per month, of which part must be used to enroll in mandatory life insurance, dental insurance and vision insurance coverage. (See, Section 5005 B 5 Los Banos Personnel Policy).
(2) Retirement: Employee must contribute seven percent (12%) of Employee's reportable wages to the California Public Employees' Retirement System (CalPERS) for the 3% at age 55 formula. The terms of the contract between the City and CalPERS shall govern the eligibility for and level of benefits, if any, to which Employee is entitled. Employee contribution to CalPERS is tax deferred. (See, Section 5005 C Los Banos Personnel Policy). (3) Retirement Health Savings Plan. When eligible, Employee will be enrolled in City's Retirement Health Savings Plan. Employee must contribute $75 per month toward a Health Savings Plan. Employer will also contribute $75 per month to the plan. (See, Section 5005 E Los Banos Personnel Policy).
( 4) Deferred Compensation: Employee may participate at his/her own expense in the City's deferred compensation. (See, Section 5005 G Los Banos Personnel Policy). (5) Tuition Reimbursement: Tuition (education related expenses) will be reimbursed in accordance with policy upon successful completion of courses up to $3 ,000.00 per fiscal year. (See, Section 5005 I, Division 5-A Los Banos Personnel Policy). 2 78
(6) Sick Leave: Sick leave shall be accrued at eight (8) hours per month. (See, Section 5005 J, Division 5B Los Banos Personnel Policy). (7) Vacation Leave: Employee shall be entitled to vacation accrual of onehundred twenty (120) hours of annual vacation leave each year of employment, accruing ten (10) hours a month, and accumulate a maximum of two-hundred forty (240) hours. Employee shall be entitled to any vacation buyback program applicable to other exempt management employees. (See, Section 5005 K, Division 5-C Los Banos Personnel Policy).
After completing fifteen (15) years of service, Employee shall accrue one-hundred sixty (160) hours of annual vacation leave each year of employment, accruing thirteen point thirtysix (13.36) hours a month, and accumulate a maximum of three hundred twenty (320) hours. (8) Education Incentive Pay: Employee shall be entitled to education incentive pay in accordance with the following formula. (See, Section 5005 N, Division 5-H Los Banos Personnel Policy).
$100 per month for AA/ AS; or
$175 per month for BA/BS; or
$225 per month for MA/MS
(9) Bilingual Incentive Pay: If eligible, Employee shall be entitled to bilingual incentive pay in accordance with the following formula. (See, Section 5005 0, Division 5-L Los Banos Personnel Policy).
$50 per month for Basic Verbal Skills; or
$100 per month for Comprehensive Verbal Skills; or
$150 per month for Written presentation Skills
(10) Administrative Leave: Employee shall receive ten (10) work days off, with full salary and benefits, during every fiscal year of employment. Every July 1 sr, eighty (80) hours are accrued and may not be carried over. Employee will receive a pro-rated amount based on hire date. (See, Section 5011 Los Banos Personnel Policy).
(11) Professional Development: City shall budget and shall pay, as stated in the approved budget, for reasonable travel expenses of Employee for professional and official travel, meetings, and occasions. The amount shall be adequate to continue the professional development of Employee and to adequately pursue necessary official and other functions for City. (12) Holidays: Employee shall be entitled to Holidays to the same extent as other exempt management employees. (See, Section 5005 L, Division 5-E Los Banos Personnel Policy). (d) No Reduction of Benefits: City shall not at any time during the term of this agreement reduce the salary, compensation or other benefits of Employee, except to the degree of such reduction for all management employees at the department head level. 3 79
( e) Dues and Subscriptions: City shall budget and shall pay for the professional dues and subscriptions of Employee reasonably necessary for his continuation and full participation in national, regional, state and local associations and organizations necessary and desirable for her professional growth and advancement, and for the good of City. (f) City Vehicle: Employee shall be provided a city vehicle for City-related business and/or functions during, before and after normal work hours. (k) Uniform Allowance: City shall budget and shall provide and maintain the required uniforms and equipment in accordance with the Los Banos Fire Department standards and will report uniform expenses to CalPERS in accordance with applicable regulations. (See, Section 5005 P Los Banos Personnel Policy).
(1) Certificate Pay: Employee shall be entitled to certificate pay to the same extent as other Los Banos Fire Department employees:
$50 per month for a State of California Firefighter II Certificate, or $100 per month for a State of California Fire Marshall Fire Officer Certificate
4. Duties
(a) Employee shall serve as Fire Chief and perform those duties of the Fire Chief under the direction of the City Manager as set forth in the Fire Chief Job Description attached as "Exhibit A" and incorporated herein by this reference, in addition to any other functions and duties specified by state law, city ordinance, or resolution, or other directive, and to perform other legally permissible and proper duties and functions as the City Manager shall from time to time assign. (b) Employee shall devote all necessary time and effort to fulfill the obligations of the Fire Chief position. The City acknowledges that Employee is reasonably expected to be available but does not have regularly set hours of work. Employee's work schedule will vary in accordance to the work required to be performed.
5. Exclusive Employment
Employee shall devote all of his time, energy and efforts to the City, and shall accept no outside employment, except as may be specifically approved by the City Manager in writing in advance.
6. Performance Evaluation
The City Manager shall evaluate Employee's performance annually and may, in addition, establish goals and performance objectives to be accomplished during the next year and used as a basis for the next performance evaluation.
4 80
7. Separation-At Will Employment
(a) The parties expressly agree that the position of Fire Chief is an "at-will" employee, and that the Fire Chief serves at the will and pleasure of the City Manager and that he may be terminated and the City may terminate this Agreement at any time with or without advance notice and that there is no express or implied promise made to employee of continued employment. Nothing herein shall be construed to limit the rights and obligations of the City and Employee provided in the Firefighters Procedural Bill of Rights Act (FBOR), codified at Government code Section 3250 et seq. (b) Employee may resign and terminate this agreement at any time upon providing thirty (30) days written notice to the City.
( c) The City Manager and Employee may terminate this agreement by mutual written agreement.
(d) In the event this Agreement is terminated by the City Manager, while Employee is still willing and able to perform the duties of Fire Chief, employee shall be entitled to three (3) months' severance pay defined as base salary plus costs of health, dental, vision and life insurance plans. No time served by the Employee after notice of the termination shall be debited from the period of severance pay. However, in the event the Employee is terminated for cause, the Employee shall be entitled to only the compensation earned and accrued and such other termination benefits and payments as may be required by law and shall not be entitled to any severance benefits.
The payment of severance compensation pursuant to this paragraph shall be in a lump sum, less applicable payroll deductions. Employee shall also receive continuing health insurance plan coverage including dental and vision for the duration of the severance months from the effective date of termination. Pursuant to Government Code Section 53261 , the continuing eligibility of Employee and his dependents for health insurance plan coverage shall terminate should Employee obtain other employment.
The severance rights provided in herein shall constitute the sole and only entitlement of Employee with respect to severance pay in the event of the termination, other than for cause. Employee expressly waives any and all other rights with respect to severance pay except as provided herein. Such severance compensation is expressly continued on the execution, deliver, and non-revocation of a General Release Agreement by Employee.
It is the intention of the parties that this paragraph complies with the requirements of Government Code Section 53260 et seq. In the event of any conflict between this provision and those code sections, the terms of those code sections shall govern the contractual relationship between the employer and employee.
( e) Termination or Removal for Cause. Notwithstanding any provision of this Agreement to the contrary, the City Manager may terminate Employee's employment for cause at any time, and if Employee is terminated or removed for cause, they shall not be entitled to payment of severance compensation or any other compensation or damages.
5 81
"Cause" shall include the following reasons:
(i) an act in bad faith and to the detriment of the City; (ii) refusal or failure to act in accordance with any specific lawful direction or order of the City Manager;
(iii) unfitness or unavailability for service that exceeds thirty (30) consecutive calendar days and is not the result of any excused illness or medical condition;
(iv) commission of an act involving moral turpitude or other acts which harm the reputation of or interests of the City;
(v) habitual neglect of responsibilities, or incompetence; (vi) a conviction of a felony or other crime punishable by jail or imprisonment in the jurisdiction involved ( or entry of a plea of guilty or nolo contendere with respect to any such crime);
(vii) possession of, use of, or working while under the influence of alcoholic beverages or other non-prescribed controlled substances or abuse/misuse of lawfully prescribed controlled substances during working hours; (viii) engaging in an actual conflict of interest;
(ix) commission of acts of theft, embezzlement, or fraud; (x) acceptance of bribes or extortion;
(xi) material breach of this Agreement by Employee.
If this Agreement is terminated by the City Manager "for cause," Employee's employment will be deemed immediately terminated and Employee will surrender all City keys, computer passwords, and other City property entrusted to Employee for the purposes of the discharge of his duties. Upon termination for cause, Employee will have no recourse under this Agreement or any administrative procedure for purposes of challenging the termination action. (f) In the event of termination, any City equipment or property will be promptly returned to the City. In addition, any and all finished and unfinished documents, data, reports and materials are the property of the City and shall be promptly delivered to the City Manager.
Employee shall keep all information acquired through his position in the strictest confidence.
8. Compliance with Government Code Section 53243 et seq. (Assembly Bill No. 1344). (a) In the event the City determines to place Employee on paid leave pending an investigation, Employee shall fully reimburse such pay to the City if he is subsequently convicted of a crime involving the abuse of his office or position.
(b) In the event the City determines to fund all or part of a legal criminal defense for Employee, he shall fully reimburse such funds to the City if he is subsequently convicted of a crime involving an abuse of his office or position.
( c) Regardless of the term of this Agreement, if this Agreement is terminated, any cash settlement related to the termination that Employee may receive from the City shall be fully reimbursed to the City if Employee is convicted of a crime involving an abuse of his office or position. (Government Code Section 53243.2.)
6 82
(d) For purposes of this section, "abuse of office or position" shall be as defined in Government Code Section 53243.4.
( e) The parties agree to fully comply with the Government Code sections that are part of AB 1344 made effective February 1, 2021 as it may be amended.
9. Indemnification
City agrees to defend, hold harmless, and indemnify Employee against any claims, demands or legal actions, whether groundless or otherwise, arising out of an alleged act or omission occurring within the scope and during the course of Employee's employment with the City, subject to Employee cooperating in good faith with the City with respect to defense of such claims, demands, or legal actions in accordance with the provisions of California Government Code Sections 825 and 825.6.
City may compromise and settle any such claim, demand, or action and pay the amount of any settlement or judgment rendered therefrom. This covenant shall survive the termination of this Agreement.
10. Notices
Any notice to be given hereunder by either party to the other in writing may be effected either by personal delivery or by mail. Mailed notices shall be addressed to the address of the parties to be notified which appears below, but each party may change its address by written notice given in accordance with this paragraph. Notices delivered personally will be deemed communicated as of actual receipt. Mailed notices will be deemed communicated and received as of five (5) calendar days following the date of mailing of the notice.
CITY:
EMPLOYEE:
City of Los Banos
Attn: City Clerk
520 J Street
Los Banos, CA 93635
Paul Tualla
11. Entire Agreement
This Agreement represents the entire agreement between the parties and supersedes any and all agreements, either oral or in writing, between the parties with respect to the employment of Employee by City and contains all of the covenants and agreements between the parties with respect to that employment. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by either party, or anyone acting on behalf of either party, which is not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding on either party. 7 83
12. Modifications
Any modifications to this Agreement shall be effective only if in writing and signed by both the parties hereto.
13. Effect of Waiver
The failure of either party to insist on strict compliance with any of the terms, covenants, or conditions of this Agreement by the other party shall not be deemed a waiver of that term, covenant or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times.
14. Partial Invalidity
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
15. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California in full force and effect as of the date of execution and the Parties agree that venue shall be in Merced County, California.
16. Attorney's Fees
In the event of any legal action between the parties hereto to enforce the provisions of this Agreement, the prevailing party shall be entitled to attorney's fees and costs.
17. Representations
City and Employee each represent and warrant to the other that each has received legal advice from independent and separate legal counsel with respect to this Agreement, or has knowingly declined to obtain such legal advice, and further represent and warrant to each other that each has carefully reviewed this Agreement and each and every term hereof. This Agreement shall not be construed against the party or its representatives who draft it or any portion hereof.
18. Counterparts
This Agreement may be executed on separate copies, any one of which need not contain signatures of more than one party but all of which taken together shall constitute one and the same Agreement.
8 84
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first herein written above.
Dated:
Dated:
ATTEST:
Lucille L. Mallonee, City Clerk
APPROVED AS TO FORM BY THE
CITY ATTORNEY FOR THE
CITY OF LOS BANOS:
William A. Vaughn, City Attorney
"EMPLOYEE"
Paul Tualla
"CITY"
Gregory B. Wellman, Interim City Manager
9 85
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86 EXHIBIT A
CITY OF LOS BANOS
Job Description
POSITION TITLE
DEPARTMENT
EMPLOYMENT CATEGORY
EMPLOYMENT LEVEL
DEFINITION
FIRE CHIEF
FIRE
EXEMPT
MANAGEMENT
To plan, organize, direct and review the activities and operations of the Fire Department including fire suppression, hazardous material mitigation, fire and life safety, code compliance, emergency medical services and administrative support services; to coordinate assigned activities with other departments and outside agencies; and to provide highly responsible and complex administrative support to the City Manager.
SUPERVISION RECEIVED AND EXERCISED
Receives administrative direction from the City Manager. Exercises direct supervision over assigned sworn and non-sworn management, supervisory, technical and administrative support personnel.
EXAMPLES OF ESSENTIAL DUTIES
Duties may include, but are not limited to, the following:
• Reliable and dependable attendance and punctuality.
• Develop, plan and implement Department goals and objectives; recommend and administer policies and procedures.
• Coordinate Department activities with those of other departments and outside agencies and organizations; prepare and present staff reports and other necessary correspondence.
• Direct, oversee and participate in the development of the Department's work plan; assign work activities, projects and programs; monitor work flow; review and evaluate work products, methods and procedures.
• Recommend the appointment of personnel; provide or coordinate staff training; conduct performance evaluations; implement discipline procedures as required; maintain discipline and high standards necessary for the efficient and professional operation of the Department.
• Answer questions and provide information to the public; investigate complaints and recommend corrective action as necessary to resolve complaints. • Build and maintain positive working relationships with co-workers, other City employees and the public using principles of good customer service. • Maintain skills through continuing education and training. • Attend various meetings, trainings, etc.
Fire Chief
87 • Research and prepare technical and administrative reports and studies; prepare written correspondence as necessary.
• Develop schedules and methods to accomplish assignments ensuring work is completed in a timely and efficient manner.
• Plan, organize and direct fire related activities including fire suppression, arson investigations, training, fire inspections, and basic life support operations. • Maintain emergency equipment, apparatus, and facilities. • Supervise and participate in the development and administration of the Fire Department budget; direct the forecast of additional funds needed for staffing, equipment, materials and supplies; monitor and approve expenditures; implement mid-year adjustments
• Respond to major fire alarms and personally direct fire suppression activities as necessary.
• Direct and participate in the research of alternative approaches to fire suppression, hazardous material handling, fire and life safety code, and emergency programs. • Oversee and participate in fire suppression, basic life support and first aid, fire and arson investigations, and fire inspection activities.
• Plan, organize and implement department training for fire suppression, heavy rescue operations, driver operator and related topics.
• Serve as the Chief Building Official; ensure that new construction within the City meets building and City codes and standards.
• Leads and oversees volunteer fire services program.
• Perform other related duties as assigned.
Knowledge of:
• Budgeting procedures and techniques.
• Pertinent local, State and Federal laws, rules and regulations. • Modern office procedures and computer equipment.
• Principles and practices of leadership, motivation, team building and conflict resolution .
• Principles and practices of organizational analysis and management. • Principles and practices of supervision, training, and personnel management. • Principles, practices, methods and techniques of modern fire suppression and life safety activities.
• Operation, maintenance and uses of firefighting apparatus and equipment. • Modern fire prevention and investigation techniques.
• Modern hazardous material containment practices.
Ability to:
• Plan, direct and control the administration and operations of the Fire Department. • On a continuous basis, analyze budget and technical reports; interpret and evaluate staff reports; know laws, regulations and codes; observe performance and evaluate staff; problem solve department related issues; remember various rules and procedures; and explain and interpret policy.
Fire Chief
88 • On a continuous basis, sit at desk and in meetings for long periods of time; intermittently twist to reach equipment surrounding desk; perform simple grasping and fine manipulation; use telephone; write or use a keyboard to communicate through written means; and lift or carry weight of 10 pounds or less. • Interpret and apply local, State, Federal, City and department policies, procedures, rules and regulations.
• Supervise, train and evaluate personnel.
• Work independently.
• Understand and follow both oral and written instructions. • Establish and maintain effective working relationships with those contacted in the course of work.
• Communicate clearly and concisely, both orally and in writing. • Exercise independent judgment.
• Establish and maintain a high level of trust.
• Remain calm and focused during emergency operations.
• Prepare and administer department budgets.
• Develop and implement department policies and procedures. • Analyze problems, identify alternative solutions, project consequences of proposed actions and implement recommendations in support of goals. • Develop and implement programs to meet the needs of the City. • Effectively oversee multiple projects simultaneously while managing project costs, resources, and schedules.
• Prepare and present staff reports at City Council meetings, attend City Council meetings.
• Organize, direct and implement comprehensive fire suppression, life safety and fire investigation, and inspection programs.
• Effectively operate all fire suppression equipment with Department. • Meet the physical requirements necessary to safely and effectively perform the assigned duties as well as those of a firefighter.
MINIMUM QUALIFICATIONS
• Must be age eighteen (18) by date of application.
• Equivalent to the completion of the twelfth grade.
• Possession of a valid California Class C driver license with Firefighter endorsement or Commercial Class A or B with endorsements.
• Possession of a current State of California Emergency Technician (EMT) card is required at time of application. A course completion certificate is NOT adequate. • Possession of a valid California Firefighter I Certificate. • Possession of a valid California Fire Officer Certificate. • Possession of a valid HAZMAT Operations and Awareness Certificate. • Possession of a valid California Chief Officer Certificate. • Five (5) years of increasingly responsible command and supervisory experience in an organized fire department, including three (3) years of administrative and management responsibility.
Fire Chief
89 • Bachelor's degree from an accredited college or university in fire suppression, or related field.
10/17
Fire Chief
90 LOsBanos
At the Crossroads oj C,4'~fornia
Agenda Staff Report
TO: Mayor Pro Tem & City Council Members
FROM:
DATE:
Stacy Souza Elms, Community and Economic Development Director~E_ October 5, 2022
TYPE OF REPORT: Public Hearing
SUBJECT: Consideration of Conditional Use Permit #2022-09 to allow the use of a Type 41 on-sale of beer and wine alcohol license in conjunction with a bonafide eating place for The Roundup Sports Bar located at 830 I Street Recommendation:
That the City Council adopt a Resolution approving a CEQA Categorical Exemption pursuant to Section 15301, Existing Facilities and approve Conditional Use Permit #2022- 09 to allow the sale of alcohol under a Type 41 alcohol license for The Roundup Sports Bar located at 830 I Street.
Background:
On September 14, 2022, the Los Banos Planning Commission held a public hearing to review Conditional Use Permit #2022-09 for the use of a Type 41 alcohol license for the on-sale of beer and wine in conjunction with an eating establishment. At the public hearing, the Planning Commission considered the application, including the staff report, presentation by staff, and public comment. As the recommending body, the Planning Commission recommended approval of Conditional Use Permit #2022-09 to the Los Banos City Council.
This location historically has been occupied with a bar and within the last decade it was occupied with a sports bar and grill. The use of alcohol has lapsed for more than a year and now the use of alcohol is subject to securing a Conditional Use Permit. 1 91
Discussion:
The applicant, Santa Martinez Ortiz dba The Roundup Sports Bar, is requesting to sell alcohol through an ABC Type 41 License for the on-sale of beer and wine. The Roundup Sports Bar is located at 830 I St. The business plans to operate Monday through Thursday from 10:00 A.M. until 11 :00 pm and Friday through Sunday from 10:00 am. until 12:00 am.
LOCATION AND ACCESS:
The project site is located at 830 I St., Assessor's Parcel Number: 026-143-003. The project site is located within the Highway Commercial Zoning District (H-C) and consists of various commercial uses. The project site can be accessed only from I St.
LAND USE:
Property
Project site
North
South
East
West
Land Use
Highway Commercial
Highway Commercial
Highway Commercial
Highway Commercial
Highway Commercial
H-C = Highway Commercial
Zone
H-C
H-C
H-C
H-C
H-C
C = Commercial
2 General Plan
C
C
C
C
C
92 ENVIRONMENTAL ASSESSMENT:
Pursuant to the California Environmental Quality Act (CEQA) and the City of Los Banos Environmental Quality Guidelines, it has been determined that this project is found to be categorically exempt from the provisions of CEQA - Article 19, Section 15301, Existing Facilities. The applicant's request for the on-sale of beer and wine involves the permitting and licensing of an existing private structure, and involves no expansion at 830 I St., APN 026-143-003.
USE PERMIT ANALYSIS
Code Requirements
Pursuant to the Los Banos Municipal Code Section 9-3.2322, a Conditional Use Permit is required for any establishment dispensing for sale or other consideration alcoholic beverages, including beer and wine, for on-sale or off-sale. The Planning Commission is the recommending body and the City Council is the decision making body for Conditional Use Permits for the on-sale and off-sale of alcoholic beverages. A Conditional Use Permit may be granted if the proposed use is conforming to the following criteria:
General Use Permit Criteria:
1 . That the proposed use and project is consistent with the City of Los Banos General Plan, and Los Banos Municipal Code;
2. That the proposed use or project will not be a nuisance or detrimental to the public health, safety, morals, comfort, and general welfare of the persons residing or working in the neighborhood of such proposed use;
3. That the proposed use is compatible with the adjacent uses, properties and neighborhoods and will not be detrimental or injurious to property and improvement in the neighborhood or to the general welfare of the City.
Specific On-Sale and Off-Sale Alcoholic Beverages Criteria:
1. That the proposal will not contribute to undue proliferation of such uses in an area where additional ones would be undesirable with consideration given to the area's function and character, problems of crime and loitering, and traffic problems and capacity;
2. That the proposal will not adversely affect adjacent or nearby churches, temples, or synagogues; public, parochial, or private elementary, junior high, or high schools; public parks or recreation centers; or public or parochial playgrounds;
3. That the proposal will not interfere with the movement of people along an important pedestrian street; and
4. That where the proposed use is in close proximity to residential uses, and especially to bedroom windows, the use will be limited in hours of operation, or designed operated so as to avoid the disruption of residents' sleep between the hours of 10:00 p.m. and 7:00 a.m.
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Staff has evaluated the proposal pursuant to the above criteria set forth in the Municipal Code and offers the following observations:
1. The primary use of the property will be a restaurant (dine-in).
2. The surrounding area, adjacent uses, and function are primarily commercial in nature. A restaurant for the on-sale of beer and wine in this location is consistent with the commercial uses of the Highway Commercial Zoning District.
3. Staff is unaware of any significant problems related to crime and loitering, in the surrounding area which would be exacerbated by the on-sale of beer and wine at this location.
4. The approval of the sale of beer and wine for on-site consumption will not contribute to the undue proliferation of alcohol sales in the area where that use would be undesirable taking into account the characteristics of the area.
Additionally, the entitlement will include conditions of approval which will regulate the operational characteristics of allowing the sale of beer and wine and are intended to preserve the public health, safety, or welfare of persons and property in the vicinity including crime prevention and loitering.
5. The proposed use is located approximately within 450 feet of a place of worship and daycare facility. The project will include conditions of approval which regulate the operational characteristics of allowing the sale of beer and wine for on-site consumption and are intended to preserve the public health, safety, and welfare of persons and property in the vicinity and therefore will not have any adverse effect to the place of worship.
6. The project is located on I St. which is primarily occupied by commercial uses.
Conditions of approval will regulate loitering and operational characteristics to insure that the proposal will not interfere with the movement of people along the public right-of-way.
7. There are legal non-conforming residential units adjacent to the west of the project site. The project site is located in the Highway Commercial Zoning District and surrounded by existing commercial uses and will not directly impact existing adjacent residential uses to the west. The project will include conditions of approval which regulate the operational characteristics of allowing the sale of beer and wine for on-site consumption and are intended to preserve the public health, safety, and welfare of persons and property in the vicinity. Therefore, the proposed use will not disrupt sleeping activities to the neighboring residences.
All sales of alcohol will be conducted within the restaurant and must be consumed on the premises. In addition, the project will be subject to conditions which will mitigate any adverse effects on the surrounding neighborhood and are intended to preserve the public health, safety, and welfare of persons and property in the vicinity. The restaurant will also be subject to the Los Banos Municipal Code Noise Ordinance. 4 94
Alcoholic Beverage Control
The Alcoholic Beverage Control Board (ABC) is the issuing authority for a Type 41 alcohol license. The City's authority for the sale of alcohol is through its land use powers embodied within the Los Banos Zoning Code.
ABC has the authority according to Section 23801 of the Business and Professions Code to exercise certain conditions under the license, the personal qualifications of the licensee, the conduct of the business or the condition of the premises, which will protect the public welfare and morals, including, but not limited to, the following:
a) Restrictions as to hours of sale
b) Display of signs
c) Employment of designated persons
d) Types and strengths of alcoholic beverages to be served where such types or strengths are otherwise limited by law
e) The portion of the privileges to be exercised under the license f) The personal conduct of the licensee
ABC may also refuse to issue a license to any person who has violated the Alcoholic Beverage Control Act, has a disqualifying criminal record, or is otherwise disqualified.
Census Tract
The project site is located in census tract 22.01
As of the date of this report, there are twelve (12) on-sale licenses currently active in this specific census tract. The nearest active on-sale alcohol license to the project site within census tract 22.01 is La Pupusa Loca y Antojitos Mexicanos Restaurant located at 651 I St., is approximately 898 feet away. The approval of the requested Conditional Use Permit will increase the active on-sale ABC licenses to thirteen (13) if approved. l_
\
l
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License
Type Business Name Address
41 Jesus's Restaurant 631 H St., Ste. A
41 Me N Ed's Pizzeria 846 W. Pacheco Blvd.
41 6th St. Diner 925 Sixth St.
41 Tacos El Grullense, Jal. 1024 E. Pacheco Blvd.
47 M & M Italian Restaurant 400 Pacheco Blvd.
41 Little Diamond's Pizza 933 Sixth St., Ste. B
41 La Pupusa Loca y Antojitos Mexicanos Restaurant 651 I St. 47 Wool Growers Restaurant 609 H St.
41 Delicia 's Las Palmas Taqueria v Mariscos 502 E. Pacheco Blvd. 41 Las Delicias Restaurant 650 I St.
41 BiQQins Texas BBQ 639 Ninth St.
41 Carnitas El Bajio 455 H St.
Type 41 license= on-sale beer and wine Type 47 license= on-sale general alcohol PUBLIC COMMENT:
A public hearing notice was published in the Merced Sun Star and notices were provided to adjacent property owners within a 300 foot radius of the subject property on Friday, September 23, 2022. As of the date of this staff report, no comments have been received.
1. Resolution
Exhibit A
Exhibit B
Exhibit C
2. Floor Plan
3. Site Photos
CEQA Findings
Project Findings
Conditions of Approval
4. Public Hearing Notice - September 23, 2022
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RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS FINDING THE PROPOSED
PROJECT TO BE CATEGORICALLY EXEMPT
FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT PURSUANT TO SECTION 15301,
EXISTING FACILITIES AND APPROVING
CONDITIONAL USE PERMIT #2022-09 TO ALLOW
FOR THE ON-SALE OF BEER AND WINE UNDER
A TYPE 41 ALCOHOL LICENSE AT 830 I STREET;
MORE SPECIFICALLY IDENTIFIED AS
ASSESSOR'S PARCEL NUMBER: 026-143-003
WHEREAS, the applicant, Santa Martinez, dba: The Roundup Sports Bar, has requested the City of Los Banos consider a Conditional Use Permit to allow the use of a Type 41 alcohol license for the on-sale of beer and wine in conjunction with a bona-fide public eating establishment to be located at 830 I Street, Assessor's Parcel Number: 026- 143-003; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA) and the City of Los Banos Environmental Quality Guidelines, Conditional Use Permit #2022-09 for The Roundup Sports Bar was determined to be categorically exempt from the provisions of CEQA per Article 19, Section 15301 Existing Facilities as the project site is an existing facility and will not be expanding their existing floor print; and WHEREAS, the Los Banos Planning Commission held a public hearing on September 14, 2022, for the purpose of considering Conditional Use Permit #2022-09 and at the completion of the public hearing, duly considered the evidence presented and recommended approval of Conditional Use Permit #2022-09 to the Los Banos City Council; and
WHEREAS, a public hearing notice was published in the Los Banos Enterprise on September 23, 2022, and notices were mailed to property owners within a 300 foot radius of the project site as required by the Los Banos Municipal Code and California Government Code Section 65091; and
WHEREAS, the Los Banos City Council has held a duly noticed public hearing on Wednesday, October 5, 2022, reviewed said Conditional Use Permit request and staff report, has studied the compatibility of the applicant's request with adjacent land uses and has considered this request in conformance with the Conditional Use Permit criteria established in Section 9-3.2322 of the Los Banos Municipal Code; and 1 97
WHEREAS, the request/proposed use satisfies the criteria of the Los Banos Municipal Code.
BASED UPON THE EVIDENCE PRESENTED AT THE PUBLIC HEARING, the City Council of the City of Los Banos hereby makes the appropriate findings set forth in Exhibit A (California Environmental Quality Act (CEQA) Findings), and Exhibit B (Findings for Approval), attached hereto and incorporated herein by this reference.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby affirm the determination that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 Existing Facilities and approves Conditional Use Permit #2022-09 to allow the on-sale of beer and wine in conjunction with a bona-fide public eating place, Type 41, located at 830 I Street; more specifically identified as Assessor's Parcel Number: 026-143-003, subject to the Conditions of Approval set forth in Exhibit C, attached hereto and incorporated herein by this reference.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 5th day of October 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:
Kenneth Lambert, Mayor Pro Tern
ATTEST:
Lucille L. Mallonee, City Clerk
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EXHIBIT A
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS FOR CONDITIONAL USE PERMIT #2022- 09 - THE ROUNDUP SPORTS BAR Pursuant to the requirements of California Public Resources Code Section 21000 et seq. ("CEQA") and Title 14, California Code of Regulations Section 15000 et seq. (the "CEQA Guidelines"), the City as Lead Agency under CEQA adopts the following findings required by CEQA, along with the facts and evidence upon which each finding is based.
The City of Los Banos City Council hereby finds as follows:
1. Pursuant to CEQA, the CEQA Guidelines, and the City of Los Banos Environmental Quality Guidelines, Conditional Use Permit #2022-09 was evaluated and determined to be categorically exempt per Article 19, Section 15301 as the request for the on-sale of beer and wine involves the permitting and licensing of an existing private structure and involves no expansion at 830 I St.; APN: 026-143-003.
2. Conditional Use Permit #2022-09 was adequately noticed on Friday, September 23, 2022, for consideration at a public meeting on Wednesday, October 5, 2022.
3. No further environmental documentation is required as the Conditional Use Permit was contemplated and adequately analyzed in the initial review.
4. Prior to considering the proposed Project, the City Council considered the Categorical Exemption.
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EXHIBIT B
FINDINGS FOR APPROVAL FOR CONDITIONAL USE PERMIT #2022-09 - THE
ROUNDUP SPORTS BAR
The City of Los Banos City Council hereby finds as follows:
1. General Findings:
a. The project is consistent with the City of Los Banos General Plan.
The existing General Plan land use designation for the project site is Commercial, which is intended for commercial development, to attract commerce allowing for commercial uses.
The following specific General Plan Goals, Objectives, and Policies are applicable to the proposed project:
ECONOMIC DEVELOPMENT POLICY ED-G-7:
Seek and promote particular businesses or economic opportunities that provide needed local goods, services, employment, or those that enhance the City's physical and social well being.
LAND USE POLICY LU-G-10:
Foster viable, pedestrian-oriented neighborhood centers and strong, visually attractive regional commercial centers with a mix of tenants to serve both local and regional needs.
Evidence/Analysis: Santa Martinez Ortiz d.b.a. The Roundup Sports Bar will have the ability to provide a wider range of service for customers and allows the restaurant to compete with similar type businesses. The proposed use would continue a commercial use that is compatible with and complementary of existing commercial uses adjacent to the project site. In addition, the project would also be consistent with General Plan land use policies as set forth above.
b. The zoning designation for the project site is Highway Commercial (H-C).
The purpose of the Highway Commercial District is to provide a district for commercial uses which do not specialize in serving the pedestrian shopper but rather, because of their character, are more appropriately located along a highway or major street and where drive-in operations are more feasible.
Evidence/Analysis: The proposed use complies with the Los Banos Municipal Code Title 9, Chapter 3, Article 13 as the use will be consistent with the surrounding area, adjacent uses, and function are primarily 4 100
commercial in nature. A restaurant providing for the on-sale of beer and wine is permitted in this location.
2. That the proposed use or project will not be a nuisance or detrimental to the public health, safety, morals, comfort, and general welfare of the persons residing or working in the neighborhood of such proposed use.
Evidence/Analysis: The on-sale of beer and wine will be conducted in accordance with ABC regulations; therefore, will not be a nuisance or detrimental to the neighborhood in which the store is located. The project contains conditions of approval which regulate the operational characteristics of allowing the serving of alcohol and are intended to preserve the public health, safety, or welfare of persons and property in the vicinity.
3. That the proposed use is compatible with the adjacent uses, properties, and neighborhoods and will not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City.
Evidence/Analysis: The proposed use will be conducted in the location in which commercial retail uses operate and will not result in significant operational changes to the existing commercial area. The areas function and character is Commercial, which includes uses that sell alcohol. The project would include conditions of approval which regulate the operational characteristics of allowing the serving of alcohol and are intended to preserve the public health, safety, or welfare of persons and property in the vicinity.
2. Specific Findings
1 . That the proposal will not contribute to undue proliferation of such uses in an area where additional ones would be undesirable with consideration given to the area's function and character, problems of crime and loitering, and traffic problems and capacity.
Evidence/Analysis: The primary use in conjunction with the selling of beer and wine for on-site consumption is a restaurant. As reflected in the staff report, the number of on-sale licenses in the Census Tract is currently twelve (12). This proposal will increase the amount of active on-sale licenses to thirteen (13). The census tract area and function is primarily commercial in nature, and is entirely consistent with a restaurant and the sale of beer and wine for on-site consumption.
The proposed on-sale of beer and wine is complementary to the restaurant use that is compatible with and complementary of existing commercial uses in the area.
The project would include conditions of approval which regulate the operational characteristics of allowing the selling of beer and wine for on-site consumption and are intended to preserve the public health, safety, or welfare of persons and property in the vicinity including crime prevention and loitering. Staff is unaware of 5 101
any significant problems in the area related to crime and loitering, which would be negatively affected by the on-sale of general alcohol at this location.
2. That the proposal will not adversely affect adjacent or nearby churches, temples, or synagogues; public, parochial, or private elementary, junior high, or high schools; public parks or recreation centers; or public or parochial playgrounds.
Evidence/Analysis: Conditions of Approval have been incorporated into the project which regulate the operational characteristics of allowing the selling of beer and wine for on-site consumption and are intended to preserve the public health, safety, or welfare of persons and property in the vicinity. The project is not located within the immediate vicinity of a place of worship conditions of approval have been incorporated into the project approval to mitigate any potential adverse effect.
3. That the proposal will not interfere with the movement of people along an important pedestrian street.
Evidence/Analysis: Alcohol will not be allowed to be consumed beyond the premises of the restaurant at any time and it is not anticipated that persons will congregate on sidewalks or streets as a result of the proposed use. Signage will also be provided on the property and building which prohibit loitering. It is not anticipated that the on-sale of general alcohol at this location will adversely affect any important pedestrian right of ways.
4. That where the proposed use is in close proximity to residential uses, and especially to bedroom windows, the use will be limited in hours of operation, or designed operated so as to avoid the disruption of residents' sleep between the hours of 10:00 p.m. and 7:00 a.m.
Evidence/Analysis: There are legal non-conforming residential uses to the west of the project site. The project site is located in an existing commercial development and surrounded by existing commercial uses and legal non-conforming residential uses. However, the project will not directly impact the existing residential uses as the project will include conditions of approval which regulate the operational characteristics of allowing the sale of general alcohol for on-site consumption and are intended to preserve the public health, safety, and welfare of persons and property in the vicinity. Therefore, the proposed use will not disrupt sleeping activities to the neighboring residences.
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EXHIBIT C
CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT #2022-09- THE
ROUNDUP SPORTS BAR
1. The following conditions of approval shall apply to and be applicable to the applicant, property owner, and/or operator. Reference to applicant, property owner, and/or operator shall be interpreted to include all.
2. Conditional Use Permit #2022-09 is for Santa Martinez Ortiz d.b.a. The Round Up Sports Bar located at 830 I St., Assessor's Parcel Number: 026-143-003, and the requested use shall automatically and without notice expire after one ( 1) year from date of approval by the Los Banos City Council unless commenced. The City for cause may revoke this Conditional Use Permit. Any expansion, intensification, or significant change to the primary use and the uses approved under this Conditional Use Permit shall be permitted only upon modification of this Conditional Use Permit or approval of a separate Conditional Use Permit application. The Conditional Use Permit shall automatically and without notice expire one year after discontinuance of the primary use and/or the uses approved under the Conditional Use Permit.
3. The applicanUoperator shall comply with all other requirements, laws and policies of other governmental agencies in the conduct and operation of said business.
4. The applicanUoperator shall obtain and maintain an active Type 41 on-sale of beer and wine in conjunction with a bona-fide eating place license as defined by the Department of Alcoholic Beverage Control and shall provide a copy of said license upon issuance by the Alcoholic Beverage Control to the Community and Economic Development Department prior to the sale of alcohol on the premises.
5. A copy of these Conditions of Approval and the California Department of Alcoholic Beverage Control license are required to be kept on the premises and presented to any law enforcement officer or authorized City official upon request.
6. The applicanUoperator shall be responsible for maintaining the exterior of the premises free of litter and trash at all times including the parking lot areas in front of the premises. No storage of equipment, supplies, or merchandise of any kind shall be allowed in the front or rear exterior of the building. All deliveries shall be made from the rear of the building.
7. The Planning Commission reserves the right to review and/or revoke this permit should the applicant not adhere to the Conditions of Approval. The City may amend or impose new conditions to mitigate adverse effects in the neighborhood resulting from the use of alcohol on the premises.
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8. The applicant/operator agrees to indemnify, hold harmless, and defend the City of Los Banos, its officers, agents and employees from any and all liability or claims that may be brought against the City of Los Banos arising out of its approval of this permit, or the environmental determination rendered in connection with the permit approval, or arising out of the operation of the use or uses allowed under the permit, save and except that caused solely by the City's active negligence.
9. The exterior of the premises, including parking lot area, shall be sufficiently illuminated, to the satisfaction of the Police Chief, during all hours of darkness when the premises are open for business in a manner so that persons accessing those areas at night are identifiable by law enforcement personnel.
10. The premises shall be operated primarily as a restaurant as described in the application prepared by the applicant and filed with the Community and Economic Development Department. Any substantial or significant changes in use or operation of the premises from the Operational Statement may cause a review, amendment or revocation of the Conditional Use Permit. The applicant shall notify the Community and Economic Development Department of any substantial or significant changes in use or operation of the premises from the Operational Statement.
11. The use of the premises of the subject site shall be consistent with the Conditions of Approval and shall not be operated in a manner that deviates from the approved Conditional Use Permit filed application and operational statement, which shall constitute a violation and may result in the revocation or modification of the permit upon written notice to the owner of the subject site.
12. Authorization of a Conditional Use Permit granted pursuant to the provisions of Section 9-3.2322 of the Los Banos Municipal Code continue to be valid upon change of ownership of the site or structure which was the subject of the Conditional Use Permit application provided the use shall be subject to all provisions of the Municipal Code and all conditions placed on approval of the Conditional Use Permit are continually met. The applicant shall immediately notify the Community and Economic Development Department of any changes in ownership.
13. This Conditional Use Permit shall be subject to revocation by the Community and Economic Development Director or the Planning Commission upon a finding that:
a. Conditions of approval have not been fulfilled;
b. A significant change or intensification of the approved use; c. The use has resulted in a nuisance or detriment to the public health, safety, morals, comfort, and general welfare of the persons residing or working in the neighborhood or is detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City.
8 104
14. Consumption of alcohol shall only be allowed on the premises of the restaurant.
Outdoor patio consumption of alcohol shall only be permitted with a barrier between the public right -of-way and restaurant patrons to be approved by the Community & Economic Development Director.
15. No loud amplification of music or voice shall be allowed outside.
16. The applicanUoperator shall have monitoring cameras in the exterior and interior of the restaurant at all times to the satisfaction and approval of the Police Chief. The applicant shall always maintain the surveillance equipment in working order and keep the video recordings for 30 days to be made available to law enforcement upon request.
17. The premises shall be operated in accordance with the Los Banos Municipal Code Noise Ordinance.
18. The applicant shall acknowledge and execute receipt of a copy of the foregoing Conditions of Approval.
19. The applicanUoperator shall provide signs prohibiting loitering on the property and/or building subject to the approval of the Community and Economic Development Director.
This approval is conditioned upon and shall be effective upon payment in full of all outstanding invoices pursuant to the Cost Recovery Contract. 9 105
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LOsBanos
At the Crossroads of California
COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT
Date: September 23, 2022
Regarding: Notice of Public Hearing
Proposal: Conditional Use Permit #2022-09 - Type 41 Alcohol License NOTICE IS HEREBY GIVEN THAT a Public Hearing will be held by the Los Banos City Council to consider Conditional Use Permit #2022-09 and a Categorical Exemption from the California Environmental Quality Act (CEQA) pursuant to Section 15301, Existing Facilities, to allow the use of a Type 41 Alcohol License for the on-sale of Beer and Wine for a bona-fide eating place, The Roundup Sports Bar, located at 830 I St., more specifically identified as Assessor's Parcel Number 026-143-003.
The Los Banos Planning Commission held a public hearing on Wednesday, September 14, 2022, for the purpose of considering the above mentioned project. At the completion of the public comment, the Planning Commission recommended approval of Conditional Use Permit #2022-09 to the Los Banos City Council.
A PUBLIC HEARING on this matter will be held at the next scheduled meeting of the Los Banos City Council on Wednesday, October 5, 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 Stacy Souza Elms, Community and Economic Development Director, at City Hall or at (209) 827-2433.
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 City Council 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 48 hours prior to the public hearing will enable the City to make reasonable arrangements to allow participation at this hearing
THE CITY OF LOS BANOS
Stacy Souza Elms
Community and Economic Development Director
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LOsBanos
At tl1c ( rossroatls of ( alifm nia
Agenda Staff Report
TO: Mayor Pro Tem & City Council Members
FROM:
DATE:
Mike Brinkman, Contract Building Official Q~
Stacy Souza Elms, Community and Economic Development Director 0 October 5, 2022
TYPE OF REPORT: Public Hearing
SUBJECT: Introduction of Ordinance Amending Title 8 Building Regulations of the Los Banos Municipal Code and Adopting by Reference the California Code of Regulations Title 24, 2022 Edition of the California Building Standards Code and the 2022 California Fire Code.
Recommendation:
Staff is requesting the City Council take the following action:
1. Waive the first reading and introduce by title an Ordinance amending Title 8 Building Regulations of the Los Banos Municipal Code, and adopting by reference, The California Code of Regulations Title 24, 2022 Edition of the California Building Standards Code with amendments; and
2. Waive the first reading and introduce by title an Ordinance adopting by reference the 2022 Edition of part 9 (California Fire Code) of the California Building Standards Code.
Background:
The model Building Code is updated every three years. This allows the Code to improve and adjust to the newest materials, methods of construction and technological advances in the industry. The City previously updated the Building Code in 2019. 1 115
Discussion:
California Building Standards Code:
The California Building Standards Commission adoption of the 2022 Code comes after a comprehensive multi-state agency and stakeholder update of the 2019 Building Code.
The objective is to produce a practical building code that ensures public safety while implementing the most efficient technology available to conserve the state's natural resources and energy use. California's building code is applicable to virtually every commercial and residential structure in the state.
The new 2022 California Building Standards Code contains thirteen parts that incorporate public health, life safety, and general welfare standards used in the design and construction of buildings in California. These parts incorporate the latest national standards in the International Building, Residential and Fire Codes, California Green Building Code, California Energy Code, National Electrical Code and the Uniform Mechanical and Plumbing Codes. Along with the usual Energy and Green Code updates, below are a few noteworthy updates:
• Permit expiration has been extended from 6-months to 12-months. Every permit shall remain valid if the work on the site is commenced within 12-months after its issuance.
• Aging-in-place design and fall prevention has been added for new residential construction. Added to address specific design elements to facilitate access to operational features and to allow people to stay longer in their homes as they age. • Expanding Electric Vehicle Charging requirements to install EV charging receptacles and chargers to new multifamily dwellings, hotels, and motels.
Health and Safety Code Section 18941 .5 mandates that the Building Standards contained in the 2022 California Building Standards Code shall be effective 180 days after publication by the California Building Standards Commission. Should these codes not be adopted by ordinance, they become effective by default without any amendments. The proposed effective date for the City of Los Banos will be January 1, 2023. As part of the adoption process, the Building Department has made every effort to notify all affected parties of the proposed changes.
California Fire Code:
The 2022 California Fire Code incorporates, by adoption, the 2021 edition of the International Fire Code of the International Code Council, with California amendments. A local City or County may make more restrictive standards necessary for local conditions.
Part 9 (The California Fire Code) is the official triennial compilation and publication of the adoptions, amendments, and repeal of administrative regulations to the California Code of Regulations, Title 24, also referred to as the California Building Standards Code. The California Building Standards Code is published every three years by order of the California legislature, with supplements published in intervening years. The California 2 116
legislature delegated authority to various state agencies, boards, commrssrons and departments to create building regulations to implement the state statutes. These building regulations or standards have the same force of law, and take effect 180 days after their publication.
Attached are the proposed Ordinances that identify the languages and numbering necessary for adoption of the 2022 California Building Code updates, Fire Code updates and the local amendments that have been identified as enhancements desirable for the safety of the citizens and preservation of property.
Attachments:
1. Proposed Ordinance adopting the 2022 Edition of the CA Building Standards Code
2. Proposed Ordinance adopting the 2022 Edition of the CA Fire Code
3. Public Hearing Notice - September 21, 2022
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOS
BANOS, ADOPTING BY REFERENCE THE 2022 EDITION OF THE
CALIFORNIA BUILDING CODE, THE 2022 EDITION OF THE
CALIFORNIA ENERGY CODE, THE 2022 EDITION OF THE
CALIFORNIA HISTORICAL BUILDING CODE, THE 2022 EDITION OF THE CALIFORNIA REFERENCED STANDARDS CODE, THE 2022
EDITION OF THE CALIFORNIA ELECTRICAL CODE, THE 2022
EDITION OF THE CALIFORNIA MECHANICAL CODE, THE 2022
EDITION OF THE CALIFORNIA ADMINISTRATIVE CODE, THE 2022
EDITION OF THE CALIFORNIA EXISTING BUILDING CODE, THE
2022 EDITION OF THE CALIFORNIA GREEN BUILDING STANDARDS CODE, THE 2022 EDITION OF THE CALIFORNIA RESIDENTIAL
CODE, AND THE 2022 EDITION OF THE CALIFORNIA PLUMBING
CODE BY AMENDMENT TO TITLE 8 CHAPTER 1 OF THE LOS
BANOS MUNICIPAL CODE.
THE CITY COUNCIL OF THE CITY OF LOS BANOS MAKES THE
FOLLOWING FINDINGS:
WHEREAS, California Health & Safety Code Section 1893 8 provides that the building standards contained in the California Building Code, 2022 Edition, and incorporates, by adoption, the 2021 Edition of the International Building Code of the International Code Council with the California amendments, shall apply to all occupancies throughout the state and shall become effective 180 days after publication in the California Buildings Standards Code by the California Building Standards Commission; and
WHEREAS, after due consideration, the City Council of the City of Los Banos hereby finds that it desires to adopt the most recent version of the California Building Code as the City's Building Code, with certain amendments to provide further safety protections to the citizens of the City of Los Banos; and
WHEREAS, California Health & Safety Code Section 18941.5 provides that if a city makes an express finding that building standards that are more restrictive than those standards provided in the international codes are reasonably necessary because of local climatic, geological, or topographical conditions, a city may establish more restrictive building standards; and
WHEREAS, the City Council of the City of Los Banos hereby finds the amendments to the "California Building Code, 2022 Edition," are reasonably necessary to provide sufficient and effective protection of life, health, and property in consideration of the local climatic, geologic and topographic conditions as stated below; and
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A. During winter months, the San Joaquin Valley experiences thick fog, heavy rains and extreme wind conditions that in past experience has caused structural damage within the City.
B. Merced County is located within an area with potential seismic activity. The proposed amendments will increase the ability of the structural components to sustain their functionality.
C. The City of Los Banos to a great extent lies on a level plain, as a result, heavy rains have historically threatened flooding throughout the City, which can cause delays for emergency response, or in some situations, make it impossible for responders to get to certain areas of the City. Flooding is both a climatic and topographic problem.
D. The City of Los Banos is located in an area subject to a climatic condition of high winds. This environment is conducive to rapidly spreading fires; control of such fires requires rapid response. Obstacles generated by a strong wind, such as fallen trees, streetlights and utility poles, may greatly impact the response time to reach an incident scene; and E. Due to the topographical conditions of sprawling development separated by two congested state highways, it is prudent to rely on measures to allow for rapid access and entry to an incident scene.
THE CITY COUNCIL OF THE CITY OF LOS BANOS DOES ORDAIN AS FOLLOWS:
Section 1. Section 8-1.01 of Title 8, Chapter 1 of the Los Banos Municipal Code is retitled and amended to read as follows:
Sec. 8-1.01 Adoption of the California Building Code 2022 Edition.
For the purpose of prescribing regulations governing the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance of all buildings and structures within the City, the California Building Code, 2022 Edition, Volumes 1 and 2 (Part 2 of Title 24 of the California Code of Regulations), based on the 2021 International Building Code as published by the International Code Council, together with Appendices Chapter G- Flood-Resistant Construction, Chapter H- Signs, Chapter I - Patio Covers, Chapter J - Grading, and Chapter K - Central Valley Flood Protection Plan, and Chapter P - Emergency Housing, and subsequent additions and editions thereto, one copy of which is on file in the Office of the City Clerk for public record and inspection, is hereby adopted by reference and made a part of this chapter as though set forth in this chapter in full, subject, however, to the amendments, additions, and deletions set forth in this chapter, and said Code shall be known as the Building Code of the City of Los Banos.
Section 2. Section 8-1.03 of Title 8, Chapter 1 of the Los Banos Municipal Code is hereby repealed.
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Section 3. Section 8-1.04 of Title 8, Chapter 1 of the Los Banos Municipal Code is retitled and amended to read as follows:
Sec. 8-1.04 Adoption of the California Energy Code 2022 Edition.
For the purpose of prescribing regulations governing the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance of all buildings and structures within the City, the California Energy Code, 2022 Edition (Part 6 of Title 24 of the California Code of Regulations), published by the International Code Council, together with all Appendices, and subsequent additions and editions thereto, one copy of which is on file in the Office of the City Clerk for public record and inspection, is hereby adopted by reference and made a part of this chapter as though set forth in this chapter in full, subject, however, to the amendments, additions, and deletions set forth in this chapter, and said Code shall be known as the Energy Code of the City of Los Banos.
Section 4. Section 8-1.05 of Title 8, Chapter 1 of the Los Banos Municipal Code is retitled and amended to read as follows:
Sec. 8-1.05 Adoption of California Historical Building Code 2022 Edition.
For the purpose of prescribing regulations governing the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance of all buildings and structures within the City, the California Historical Building Code, 2022 Edition (Part 8 of Title 24 of the California Code of Regulations), as published by the International Code Council, together with all Appendices, and subsequent additions and editions thereto, one copy of which is on file in the Office of the City Clerk for public record and inspection, is hereby adopted by reference and made a part of this chapter as though set forth in this chapter in full, subject, however, to the amendments, additions, and deletions set forth in this chapter, and said Code shall be known as the Historical Building Code of the City of Los Banos.
Section 5. Section 8-1.06 of Title 8, Chapter 1 of the Los Banos Municipal Code is retitled and amended to read as follows:
Sec. 8-1.06 Adoption of California Referenced Standards Code 2022 Edition.
For the purpose of prescribing regulations governing the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance of all buildings and structures within the City, the California Referenced Standards Code, 2022 Edition (Part 12 of Title 24 of the California Code of Regulations, published by the International Code Council together with all Appendices, and subsequent additions and editions thereto, one copy of which is on file in the Office of the City Clerk for public record and inspection, is hereby adopted by reference and made a part of this chapter as though set forth in this chapter in full, subject, however, to the amendments, additions, and deletions set forth in this chapter, and said Code shall be known as the Referenced Standards Code of the City of Los Banos.
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Section 6. Section 8-1.07 of Title 8, Chapter 1 of the Los Banos Municipal Code is retitled and amended to read as follows:
Sec. 8-1.07 Adoption of California Electrical Code 2022 Edition.
For the purpose of prescribing regulations governing the installation, erection, construction, enlargement, alteration, repair, maintenance and inspection of electrical facilities within the City, the California Electrical Code, 2022 Edition (Part 3 of Title 24 of the California Code of Regulations), including appendix, based on the 2020 National Electrical Code as published by the National Fire Protection Association, together with its Appendices, and subsequent additions and editions thereto, one copy of which is on file in the Office of the City Clerk for public record and inspection, is hereby adopted by reference and made a part of this chapter as though set forth in this chapter, and said Code shall be known as the Electrical Code of the City of Los Banos.
Section 7. Section 8-1.09 of Title 8, Chapter 1 of the Los Banos Municipal Code is retitled and amended to read as follows:
Sec. 8-1.09 Adoption of California Mechanical Code 2022 Edition.
For the purpose of prescribing regulations governing the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance of all buildings and structures within the City, the California Mechanical Code, 2022 Edition (Part 4 of Title 24 of the California Code of Regulations), including appendix, based on the 2021 Uniform Mechanical Code as published by the International Association of Plumbing and Mechanical Officials, one copy of which is on file in the Office of the City Clerk for public record and inspection, is hereby adopted by reference and made a part of this chapter as though set forth in this chapter in full, subject, however, to the amendments, additions, and deletions set forth in this chapter, and said Code shall be known as the Mechanical Code of the City of Los Banos.
Section 8. Section 8-1.10 of Title 8, Chapter 1 of the Los Banos Municipal Code is retitled and amended to read as follows:
Sec. 8-1.10 Adoption of the California Administrative Code 2022 Edition.
For the purpose of prescribing regulations governing the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance of all buildings and structures within the City, the California Administrative Code, 2022 Edition (Part 1 of Title 24 of the California Code of Regulations), as published by the International Code Council, together with all Appendices, and subsequent additions and editions thereto, one copy of which is on file in the Office of the City Clerk for public record and inspection, is hereby adopted by reference and made a part of this chapter as though set forth in this chapter in full, subject, however, to the amendments, additions, and deletions set forth in this chapter, and said Code shall be known as the Administrative Code of the City of Los Banos.
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Section 9. Section 8-1.11 of Title 8, Chapter 1 of the Los Banos Municipal Code is retitled and amended to read as follows:
Sec. 8-1.11 Adoption of the California Existing Building Code 2022 Edition.
For the purpose of prescribing regulations governing the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance of all buildings and structures within the City, the California Existing Building Code, 2022 Edition (Part 10 of Title 24 of the California Code of Regulations), based on the 2021 International Existing Building Codes published by the International Code Council, together with all Appendices, and subsequent additions and editions thereto, one copy of which is on file in the Office of the City Clerk for public record and inspection, is hereby adopted by reference and made a part of this chapter as though set forth in this chapter in full, subject, however, to the amendments, additions, and deletions set forth in this chapter, and said Code shall be known as the Existing Building Code of the City of Los Banos.
Section 10. Section 8-1.12 of Title 8, Chapter 1 of the Los Banos Municipal Code is retitled and amended to read as follows:
Sec. 8-1.12 Adoption of the California Green Building Standards Code 2022 Edition.
For the purpose of prescribing regulations governing the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance of all buildings and structures within the City, the California Green Building Standards Code, 2022 Edition (Part 11 of the Title 24 of the California Code of Regulations), as published by the California Buildings Standards Commission, together with all Appendices, and subsequent additions and editions thereto, one copy of which is on file in the Office of the City Clerk for public record and inspection, is hereby adopted by reference and made a part of this chapter as though set forth in this chapter in full, subject, however, to the amendments, additions, and deletions set forth in this chapter, and said Code shall be known as the Green Building Standards Code of the City of Los Banos.
Section 11. Section 8-1.13 of Title 8, Chapter 1 of the Los Banos Municipal Code is retitled and amended to read as follows:
Sec. 8-1.13 Adoption of the California Residential Code 2022 Edition.
For the purpose of prescribing regulations governing the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance of all buildings and structures within the City, that certain Code designated as the "California Residential Code, 2022 Edition (Part 2.5 of Title 24 of the California Code of Regulations), based on the 2021 International Residential Code and as published by the International Code Council, together with all Appendices with the exception of Appendix ALPermit Fees, and subsequent additions and editions thereto, one copy of which is on file in the Office of the City Clerk for public record and inspection, is hereby adopted by reference and 123
made a part of this chapter as though set forth in this chapter in full, subject, however, to the amendments, additions, and deletions set forth in this chapter, and said Code shall be known as the Residential Code of the City of Los Banos.
Section 12. Section 8-1.15 of Title 8, Chapter 1 of the Los Banos Municipal Code is retitled and amended to read as follows:
Sec. 8-1.15 Adoption of the California Plumbing Code 2022 Edition.
For the purpose of prescribing regulations governing the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance of all buildings and structures within the City, the California Plumbing Code, 2022 Edition (Part 5 of Title 24 of the California Code of Regulations), including appendix, based on the 2021 Uniform Plumbing Code as published by the International Association of Plumbing and Mechanical Officials,, one copy of which is on file in the Office of the City Clerk for public record and inspection, is hereby adopted by reference and made a part of this chapter as though set forth in this chapter in full, subject, however, to the amendments, additions, and deletions set forth in this chapter, and said Code shall be known as the Plumbing Code of the City of Los Banos.
Section 13. Section 8-1.16 of Title 8, Chapter 1 of the Los Banos Municipal Code is hereby repealed.
Section 14. Section 8-1 .17 of Title 8, Chapter 1 of the Los Banos Municipal Code is hereby repealed.
Section 15. Section 8-1.19 of Title 8, Chapter I of the Los Banos Municipal Code is hereby repealed.
Section 16. The City Council finds that the changes made to the international/uniform codes are enacted to mitigate the threats posed to public peace, health and safety from earthquakes and fire. In this regard, the recitals set forth in this Ordinance are incorporated herein by reference a findings.
Section 17. To the extent that the terms and provisions of this Ordinance may be inconsistent or in conflict with the terms or conditions of any prior city ordinance, motion, resolution, rule or regulation governing the same subject, the terms of this Ordinance shall prevail with the respect to the subject matter thereof and such inconsistent or conflicting provisions of prior ordinances, motions, resolutions, rules or regulations are hereby repealed.
Section 18. If any section, subsection, subdivision, paragraph, sentence, clause or phrase added by this Ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more 124
subsections, subdivisions, paragraphs, sentences, clauses or phrases are declared unconstitutional, invalid or ineffective.
Section 19. California Environmental Quality Act (CEQA) Guidelines section 15060(c)(2) states that a project is not subject to CEQA review where the activity will not result in a direct or reasonably foreseeable indirect physical change to the environment. CEQA Guidelines Section 15061 (b)(3) states that a project is exempt from CEQA "where it can be seen with certainly that environment." The approval of the code amendments and adoptions set forth in this Ordinance does not approve any physical development project, and it would not result in a direct or indirect physical change in the environment. Therefore, these code amendments would not have the potential to result in individually or cumulatively significant effects on the environment and these code amendments are exempt from review under CEQA.
Section 20. This Ordinance shall go into effect and be in full force and operation thirty (30) days after its final passage and adoption. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted and published once within fifteen days after passage and adoption as may be required by law; or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in this Office of the City Clerk five days prior to the date of adoption of this Ordinance; and, within fifteen days after adoption, the City Clerk shall cause to be published, and aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk.
Introduced by Council Member ____ and seconded by Council Member _____ on the __ day of ____ , 2022.
Passed on the __ day of _____ , 2022 by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
By:
Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
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ORDINANCE NO. --
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS ADOPTING BY
REFERENCE THE 2022 EDITION OF THE
CALIFORNIA FIRE CODE BY AMENDMENT TO
TITLE 4 CHAPTER 3 OF THE LOS BANOS
MUNICIPAL CODE AND ADOPTION OF LOCAL
AMENDMENTS THERETO
THE CITY COUNCIL OF THE CITY OF LOS BANOS MAKES THE FOLLOWING FINDINGS:
WHEREAS, the California Building Standards Code, Title 24, which incorporates the California Fire Code, is adopted every three years by order of the California Legislature with supplements published in intervening years; and WHEREAS, pursuant to California Government Code Section 50022.1 et seq. the City of Los Banos ("City") may adopt by reference the 2022 California Fire Code, based on the International Fire Code, 2021 Edition, with errata, published by International Code Council (ICC), as adopted by the State of California pursuant to Title 24, Part 9 of the California Code of Regulations; and
WHEREAS, the City Council of the City of Los Banos has previously adopted the "California Fire Code, 2016 Edition," including the appendix, which was prepared by the International Conference of Building Officials and Western Fire Chiefs Association, with certain amendments as the Fire Code of the City; and
WHEREAS, after due consideration, the City Council of the City of Los Banos hereby finds that it desires to adopt the most recent version of the California Fire Code as the City's Fire Prevention Code, with certain amendments to provide further safety protections to the citizens of the City of Los Banos; and WHEREAS, California Health & Safety Code Section 18941.5 provides that if a city makes an express finding that building standards that are more restrictive than those standards provided in the international codes are reasonably necessary because of local climatic, geological, or topographical conditions, a city may establish more restrictive building standards; and
WHEREAS, the City Council of the City of Los Banos hereby finds the amendments to the "California Fire Code, 2022 Edition," are reasonably necessary to provide sufficient and effective protection of life, health, and property in consideration of the local climatic, geologic and topographic conditions as stated below; and 127
A. During winter months, the San Joaquin Valley experiences thick fog that is a danger to emergency personnel responding to fires and other emergencies and delays response time of emergency vehicles by two to three minutes the normal response time. Fire engines and trucks must greatly reduce their speed in the fog to compensate for appropriate braking distances because of the weight of the vehicles; and
8. Merced County is located within an area with potential seismic activity. After a large seismic event, the potential for multiple fires occurring simultaneously will tax available firefighting resources. Built-in fire protection will assist in extinguishing or controlling fires in larger structures, which will increase the availability of firefighting resources after seismic activity; and
C. The City of Los Banos to a great extent lies on a level plain, as a result, heavy rains have historically threatened flooding throughout the City, which can cause delays for emergency response, or in some situations, make it impossible for responders to get to certain areas of the City. Flooding is both a climatic and topographic problem; and D. The City of Los Banos is located in an area subject to a climatic condition of high winds. This environment is conducive to rapidly spreading fires; control of such fires requires rapid response. Obstacles generated by a strong wind, such as fallen trees, streetlights and utility poles, may greatly impact the response time to reach an incident scene;and
E. Due to the topographical conditions of sprawling development separated by two congested state highways, it is prudent to rely on measures to allow for rapid access and entry to an incident scene.
THE CITY COUNCIL OF THE CITY OF LOS BANOS DOES ORDAIN AS FOLLOWS:
Section 1. Section 4-3.01 of Title 4, Chapter 3 of the Los Banos Municipal Code is hereby retitled and amended to read as follows:
Sec. 4-3.01 Adoption of the California Fire Code 2022 Edition.
For the purpose of prescribing regulations governing conditions hazardous to life and property from fire, hazardous materials or explosion, that certain Code known as the 2022 California Fire Code (Part 9 of Title 24 of the California Code of Regulations), as published by the International Code Council, together with all Appendices and subsequent additions and editions thereto, one copy of which is on file in the Office of the City Clerk for public record and inspection, is hereby adopted by reference and made a part of this chapter as though set forth in this chapter in full, subject, however, to the amendments, additions, and deletions set forth in this chapter, and said Code shall be known as the Fire Prevention Code of the City of Los Banos.
Section 2. Section 4-3.07 of Title 4, Chapter 3 of the Los Banos Municipal Code is hereby retitled and amended to read as follows:
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Sec. 4-3.07 Amendments to the California Fire Code 2022 Edition.
The California Fire Code is hereby amended as follows:
Amendment No.1
Chapter 1: Section [A] 102.8 Subjects not regulated by this code.
Section [A] 102.8, Chapter 1 of the California Fire Code, 2022 Edition is amended to read as follows:
Section [A] 102.8. Subjects not regulated by this code. Where no applicable standards or requirements are set forth in this code, or contained within other laws, codes, regulations, ordinances or bylaws adopted by the jurisdiction, compliance with applicable standards of the National Fire Protection Association or other nationally recognized fire safety standards as are approved shall be deemed as prima facie evidence of compliance with the intent of this Code. Nothing herein shall derogate from the power of the Fire Chief to determine compliance with codes or standards for those activities or installations within the Fire Chiefs jurisdiction or responsibility.
EXCEPTION: Recognized standards shall not include any standard which attempts to regulate local authority as to minimum daily staffing levels and incident response levels.
These standards include, but are not limited to NFPA 1710 & 1720.
Amendment No.2
Chapter 1: [A] Section 104.1 General.
Section [A] 104.1 of the 2022 Edition of the California Fire Code is hereby amended to add Section 104.1.1 as follows:
Section 104.1.1 Permits, Fire Suppression, and Inspection Recovery of Costs. The Fire Department shall recover cost that reasonably constitute the cost of fire suppression, inspections, clean-up of chemical spills, the cost of suppression chemicals, material and/or equipment used to mitigate the hazard. Cost recovery against a property owner and/or other responsible person when the act is a result of that person's willful negligence and/or negligence, violation of federal or state statute, or local ordinance.
Amendment No.3
Chapter 1: [A] Section 104.10.1 Assistance from other agencies.
Section [A] 104.10.1, Chapter 1 of the California Fire Code, 2022 Edition, is amended to read as follows:
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Section 104.10.1 . Assistance from other agencies. The Fire Chief, Fire Chief Officers and the fire investigation team who have been designated by the Fire Chief shall have the powers of a police officer in performing their duties under this code. Police and other enforcement agencies shall have authority to render necessary assistance in the investigation of fires when requested to do so.
Amendment No.4
Chapter 1: [A] Section 105 Permits
Section [A] 105.6 of the 2022 Edition of the California Fire Code is hereby amended to read as follows:
Section 105.6. The requirements of this section shall be subject to the permits specified in the California Fire Code as adopted and amended. Permits, Inspections, and Plan review fees may be provided by resolution by the City Councilor as provided by the California Building Code and/or California Fire Code and/or Reference to the Building Standards. All required plans and permits shall be submitted to the Fire Department for review and approval prior to issuance of any permits required by this section and/or required by the City.
Amendment No.5
Chapter 5: Section 506
Section 506.1 of the 2022 Edition of the California Fire Code is hereby amended to add Section 506.1 (a) to read as follows:
When access to or within a structure or an area is unduly difficult because of secure openings, where immediate access is necessary for life saving or firefighting purposes, or where an automatic fire suppression and/or standpipe system is installed, or where an automatic alarm system is installed, or where a gate or cross arm impedes ingress through a fire lane, or where the area or building is protected by a locked gate, a key box or a security padlock shall be installed in an accessible location unless otherwise authorized by the Chief. The approved City of Los Banos Fire Department key box shall be a "Knox Box." The Knox Box and security padlock shall be obtained through the City of Los Banos Fire Department. The key boxes shall contain, but not be limited to the following items as designated by the Chief: (i) labeled keys to locked points of egress, whether interior or exterior; (ii) labeled keys to locked mechanical rooms; (iii) labeled keys to any gate or secured areas not installed with a Knox Box or Security Padlock; (iv) labeled keys to any other areas that may be required by the Chief; (v) a list with the names and telephone numbers for the emergency contact persons; (vi) floor plan of the interior building showing locations of shut offs; decals shall be installed/displayed as required by the Chief.
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When hazardous materials as defined in Chapter 27 of the California Fire Code are stored or dispensed or other conditions exist on the premises where information is necessary for life saving or firefighting purposes as determined by the Fire Chief, a Document Storage Box shall be installed in an accessible location unless otherwise authorized by the Chief.
The approved City of Los Banos Fire Department document storage box shall be a "Knox Document Storage Cabinet". The "Knox Document Storage Cabinet" shall be obtained through the City of Los Banos Fire Department. The box shall contain, but not be limited to the following items as designated by the Chief: (i) blueprints; (ii) floor plans; (iii) MSDS hazardous materials information; (iv) any other emergency response related items as required by the Chief.
Amendment No.6
Chapter 9: Section 903 AUTOMATIC SPRINKLER SYSTEMS Automatic Fire Extinguishing Systems
Section 903.2 of the 2022 Edition of the California Fire Code is hereby amended to add Sections 903.2(a) through (m) to read as follows:
a) Notwithstanding any less restrictive provision of Section 903, an automatic sprinkler system shall be provided in the locations described in Sections 903.2.1 through 903.2.12 where the fire area exceeds 5,000 square feet unless the specific section requires an automatic sprinkler system for a fire area of less than 5,000 square feet which in that case the more restrictive provision shall apply. b) (i) In the case of a remodel of an existing building or structure an automatic sprinkler system shall be provided in the locations described in Sections 903.2.1 through 903.2.12 where the fire area exceeds 5,000 square feet, unless the specific section requires an automatic sprinkler system for a fire area of less than 5,000 square feet which in that case the more restrictive provision shall apply, and the total construction cost for the remodel exceeds $100,000 as determined by the City.
(ii) In the case of an addition to an existing building or structure an automatic sprinkler system shall be provided in the locations described in Sections 903.2.1 through 903.2.12 where the fire area exceeds 5,000 square feet or the addition causes the fire area to exceed 5,000 square feet, unless the specific section requires an automatic sprinkler system for a fire area of less than 5,000 square feet, which in that case the more restrictive provision shall apply. (iii) In the case of a change in the type of use or occupancy an automatic sprinkler system shall be provided in the locations described in Sections 903.2.1 through 903.2.12 where the fire area exceeds 5,000 square feet unless the specific section requires an automatic sprinkler system for a fire area of less than 5,000 square feet which in that case the more restrictive provision shall apply. 5 131
c) Fire Control Room. An approved fire control room shall be provided for all buildings protected by an automatic fire extinguishing system. Said room shall contain all system control valves, fire alarm control panels, HVAC duct detector test and reset switches and other fire equipment required by the chief. Fire control rooms shall be located within the building at a location approved by the chief, and shall be provided with a means to access the room directly from the exterior. Durable signage shall be provided on the exterior side of the access door to identify the "Fire Control Room".
d) When residential units require the installation of a NFPA 13D system, the systems water supply will be configured in accordance with the City of Los Banos Improvement Standards.
e) When residential units require the installation of a NFPA 13D system, the system will be a "Stand Alone" wet pipe system.
f) When residential units require the installation of a NFPA 13D system, the system riser must be located within an exterior wall, with access to the system riser through an exterior access panel door.
g) When residential units require the installation of a NFPA 13D system, a water flow alarm is required to be installed on the exterior of the dwelling in the area of the Master Bedroom window. This water flow alarm will activate anytime the water flow switch is activated.
h) When residential units require the installation of a NFPA 13D system, all pendent sprinkler heads within the living areas will be Concealed pendent sprinklers, flat plate 4.9 K-factor heads.
i) When residential units require the installation of a NFPA 13D system, an inspector test/drain valve must be located on the system at the furthest point of the system from the riser. The inspector's test connections shall contain an orifice equal to or smaller than the smallest sprinkler installed in the system. This valve must be accessible to the home occupant and located behind a metal door cover. A sign attached to the front of the door must state "Fire Sprinkler TestJDrain. j) When residential units require the installation of a NFPA 13D system, a single upright "pilot" head will be installed at the highest point within the attic area. These heads shall be Intermediate-rated sprinklers. Multiple high peaked roof assemblies and/or area separation walls may require additional pilot heads. k) When residential units require the installation of a NFPA 13D system, fire sprinkler piping located in unheated attic spaces shall be completely covered with insulation per the NFPA 13D ANNEX A recommendations.
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I) When residential units require the installation of a NFPA 13D system, complete coverage must be provided within the enclosed garage area. m) Locking Devices Fire Department Connections. Every building equipped with a fire sprinkler system shall be required to install lockable type devices on Fire Department Connection. Said device shall be approved by the Fire Department (Knox Fire Department Connection).
EXCEPTIONS:
1. Where the California Fire Code and/or California Building are more restrictive, the most restrictive occupancy requirements will be followed.
2. Area separation walls, the extent and location of such wall shall provide a complete separation or division to limit the floor area to 5,000 square feet. Separation shall be of Four-hour fire-resistive construction. Four-hour separation walls shall be constructed in accordance with the current California Building Code.
Amendment No. 7
Chapter 9: Section 904 ALTERNATIVE AUTOMATIC FIRE EXTINGUISHING SYSTEMS Installation of fixed Fire Protection Systems
Section 904 of the 2022 Edition of the California Fire Code is hereby amended to add Section 904(a) to read as follows:
a) All fire extinguishing system required in this code and/or the California Building code shall be installed in accordance with the requirements of this Section, and the National Fire Protection Association standards and/or Factory Mutual Engineering.
Amendment No.8
Chapter 9: Section 906 PORTABLE FIRE EXTINGUISHERS
Section 906.1 of the 2022 Edition of the California Fire Code is hereby amended to add Section 906.l(a) as follows:
a) The minimum approved portable fire extinguisher size for all occupancies shall be, 2A: IO-B: Crated. Unless more restrictive by code.
Amendment No.9
Chapter 9: Section 907 FIRE ALARM AND DETECTION SYSTEMS Sprinkler System Supervision
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Section 907.1 of the 2022 Edition of the California Fire Code is hereby amended to add Sections 907. 1 (a) through (f) to read as follows:
a) All automatic sprinkler systems shall be supervised by an approved central station, proprietary or remote station service or a local alarm which will give an audible signal at a constantly attended location. All automatic fire sprinkler systems installed in Group R Division I occupancies as outlined in the 2022 California Building Code are required to be monitored by an approved central alarm monitoring station.
b) Supervisory signal service alarms. Flow switches and/or tamper switches shall be installed on all fire sprinkler system to include gate valves, post indicator valves. c) Annunciator Panel. Annunciator panel means any arrangement of luminaries that indicate a fire condition by location or zone and is activated by a water flow or detection of the products of combustion.
d) Equipment. Every building equipped with a fire alarm system activated by smoke detectors, rate of heat rise detection, water flow alarms, tamper switches, or pull station shall be equipped with an annunciator panel located within the Fire Control Room.
e) When required in Section 907.1 (a) the fire alarm systems will meet the following occupancy requirements:
(1) Strip malls & structures with multiple occupancies - All suites located within a structure equipped with a fire sprinkler system will be required to have a minimum of one (1) audio/visual notification device and one (1) manual pull station located in the area designated by the Los Banos Fire Department. (2) Suites or areas 5000 square feet or greater - All suites or areas 5000 square feet or greater, located within a building equipped with a fire sprinkler system are required to install a full occupant notification fire alarm system.
This system will include an approved manual, combination automatic and manual or automatic fire alarm system in accordance with the provisions of this code and NFPA 72.
f) Anytime an HVAC is required to be equipped with an automatic smoke detector as per the Uniform Mechanical Code, said smoke detector is required to have a remote test/reset switch located within the Fire Control Room.
Amendment No. 10
Chapter 28: Section 2803 LUMBER YARDS AND WOOD WORKING FACILITIES Wood Products, Pallet Storage and Use. Section 2803.1 of the 2022 Edition of the California Fire Code is hereby amended to add
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Sections 2803.1 .1 through 2803.1 .5 to read as follows:
2803.1.1 Pallets and Palletized Packing boxes. Required permit to store pallets and or palletized items in excess of 30,000 board feet.
2803.1.2 Piles. Pallets shall be piled with due regard to the stability of piles and in no case higher than 12 feet in height. Where pallets are piled next to a property line the distance from the property line shall not be less than one half of the height of the pile and in no case less than five feet.
2803.1.3 Driveways. Driveways between and around storage piles shall be a minimum of 20 feet wide. And maintained free from accumulation of rubbish, weeds, equipment and materials. Driveways shall be so spaced that a maximum grid system unit of 50 feet by 50 feet is produced. Note exception: Modification of the driveways, clearance or widths required by this section shall be increased or decreased when, in the opinion of the Fire Chief, Clearances of widths are not adequate to provide fire apparatus access. 2803.1.4 Storage. Pallet storage, operating under permit, shall be surrounded with a suitable chain link fence of at least 6 feet in height. 2803.1.5 Fire Protection. An approved water supply and fire hydrants capable of supplying the required fire flows shall be provided to within 150 feet of all portions of the storage piles.
Amendment No. 11
Chapter 56: Section 5608 EXPLOSIVES AND FIREWORKS Fireworks and Pyrotechnic Special Effects Material (Definitions)
Section 5608 of the 2022 Edition of the California Fire Code is hereby amended to add Sub Section 5608.2 through 5608.5 to read as follows:
5608.2 Fireworks - Purpose. It is the intent of the City to reasonably regulate the sale, use, display, and discharge of dangerous and safe and sane fireworks within the City to protect the public health, safety, and general welfare. 5608.2.1. Definitions. For the purposes of this section, unless otherwise apparent from the context, certain words and phrases used in this section are defined as follows.
A. "Dangerous fireworks" means any fireworks specified as such in the State Fireworks Law, Section 12505 and 12561 of the Health and Safety Code of the State Of California, and such other fireworks as may be determined to be dangerous by the state fire marshal.
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B. "Safe and Sane Fireworks" as defined in Section 12529 of the Health and Safety Code the State of California, means any fireworks, which do not come within the definition of "dangerous fireworks" or "exempt fireworks".
C. "Eligible Organization" means an organization which has met all of the following criteria for a continuous period of not less than two full years preceding submittal of an application for permit required by this section 16 (and which continues to do so thereafter).
1. The organization must be qualified pursuant to Internal Revenue Code Sections 501 (c)3, 4, 6, 7,8, 10, 19,23, or 26, Section 501 (d), Section 501 (e);
2. The organization must be headquartered within and clearly affiliated or identified with the City of Los Banos;
3. The organization must be one which provides direct and regular community services and benefits to the citizens of the City of Los Banos;
4. The organization must hold its regularly scheduled meeting within the City of Los Banos; and
5. Has a minimum membership of ten (10) members continuously.
D. "Fireworks Stand" means any building, counter, or other structure of a temporary nature used in the sale or offering for sale of Safe and Sane fireworks pursuant to a permit duly issued.
5608.2.2. Possession, Sale, Use, Display, Discharge of Dangerous Fireworks.
A. It shall be unlawful to possess, sell, use, display, or discharge within the City of Los Banos "dangerous fireworks" except as permitted by the provisions of this Section.
B. It shall be unlawful for any person having lawful possession or control of private property, including but not limited to an owner, renter, lessee, to permit any person to possess, sell, use, display, or discharge within the City of Los Banos "dangerous fireworks" except as permitted by the provisions of this Section. 5608.2.3. Possession, Sale, Or Use Of Safe arid Sane Fireworks. It shall be unlawful to possess, sell, use, display, or discharge within the City of Los Banos "safe and sane fireworks" except as permitted by the provisions of this Section. 5608.2.4. Permit for Sale of Safe and Sane Fireworks. It shall be unlawful for any person to possess, store, to offer for sale, or sell safe and sane fireworks within the City of Los Banos without a valid permit from the fire department. The fire chief shall have the authority to adopt reasonable rules and regulations for the granting of permits for the sale 10 136
of safe and sane fireworks by eligible organizations. The fire chief shall also have the authority to adopt reasonable rules and regulations for the safe operation of firework stands.
5608.2.5. Application for Permit to Sell Safe and Sane Fireworks. Permits to sell safe and sane fireworks shall be issued by the fire department as follows:
A. All applications for permits shall be in writing and delivered to the fire chief on forms supplied by the fire department, and shall include all documentation and proof required by the rules and regulations established by the state fire marshal and the fire chief. All application materials must be complete to be accepted by the fire department.
B. Applications may be filed beginning the first business day of August of each year up to and including 5 p.m. the last working day in September of the same year or at other dates and times as determined by the Fire Chief. No application shall be received after 5 p.m.
C. Applications shall be signed by a bona fide officer of the non-profit organization wherein the officer, on behalf of the organization and its agent, shall agree to abide by all state laws, all administrative regulations, all city ordinances, all rules and regulations promulgated by the Fire Chief and the terms and conditions of the permit.
D. Applications shall identify the name of the organization, the organization charter or mission statement, the address of the principal meeting place and mailing address, number of members, the purpose of the organization and the date it came into existence.
E. Application fees: the applicant shall pay a non-refundable twenty-five $25.00 dollar fee. The fee is required to be paid at the time application is submitted.
F. Permit Fee: $250.00 paid prior to permit issuance.
G. Except as provided in subsection (H), the maximum number of permits which may be issues and the maximum number of "safe and sane fireworks" stands that will be permitted pursuant to this section 16 during anyone calendar year shall not exceed one permit for each five thousand (5,000) residents of the City of Los Banos, or fraction thereof, based on the State of California Census Estimate. The official Census Estimate shall be the latest estimate published before the end of the filing period.
H. Exempt Permit: in addition to the maximum number of permits set forth in subsection (G) herein, the Fire Chief may at the direction of the City Manager, issue one additional permit ("exempt permit") to an eligible organization, as defined 11 137
in Section 5608.2.1 , for the sale of safe and sane fireworks pursuant to the following provisions:
1) The City Manager in his or her sole discretion may waive the requirement that the organization receiving the exempt permit has met the criteria for a continuous period of not less than two years prior to submittal of an application for a permit as set forth in Section 5608.2.1 C; 2) The organization receiving the exempt permit shall dedicate to the satisfaction of the City Manager all of the proceeds from the sale of safe and sane fireworks to sponsoring or contributing to a public fireworks display in celebration of the Fourth of July in the City of Los Banos; 3) The organization receiving the exempt permit shall be subject to and agree to all other conditions of approval deemed necessary by the City as a prerequisite to issuing the permit.
5608.2.6. Issuance of Permits. Only eligible organizations that have submitted a timely and complete application accepted by the fire chief and that have been drawn from a pool of accepted applications will be permitted to sell safe and sane fireworks.
A. If the number of accepted applications exceeds the maximum number of permits which may be issued in a calendar year; accepted applicants for a permit will be selected by lot on the first working day of October at I p.m. at Fire Station One or at another time and location as determined by the fire chief. Successful and unsuccessful applicants will be notified by mail.
B. By April 1, each successful applicant shall provide to the fire chief; a site plan with the location of the fireworks stand; a written letter from the property owner indicating permission to sell safe and sane fireworks on the site; the permit fee; proof of insurance, one million dollars public liability, property damage, and product liability insurance policies with riders attached to the policies designating the City of Los Banos as an additional insured. Applicants that do not submit the required information by the April 1 deadline shall not be issued a permit.
C. Permits will be effective only when delivered by the fire department after the final inspection of the fireworks stand shows compliance with all the requirements established by the fire chief or this section for the operation of a fireworks stand.
D. A permit entitles the holder of the permit to one fireworks stand, which shall operate on the location identified on the permit.
E. Two or more qualified applicants may be issued a permit as a joint venture.
F. Permits issued pursuant to this section are valid only during the calendar year issued.
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G. Permits issued pursuant to this section are not transferable. 5608.2.7. Fireworks Stands. When all application requirements have been completed, fees have been paid and the stand location has been approved, the fire department shall authorize the erection of the stand. The stand shall be inspected and approved by the Fire Chief or his/her designee, prior to the sale of any fireworks from said stand. The sale of fireworks from any other building or structure is prohibited. Temporary fireworks stands shall be subject to the following provisions:
A. Fireworks stands shall be located only upon property that is zoned for commercial or industrial uses.
B. Fireworks stands shall be located on improved property, i.e. paved, cement parking lots.
C. Fireworks stands shall be 35 feet from the public right-of-way and 35 feet away from existing structures.
D. No smoking signs shall be posted on all four sides and inside the fireworks stand indicating "No Smoking within 35 feet".
E. Fireworks stands shall not interfere with normal traffic patterns in private parking lots.
F. Fireworks stands shall be constructed of substantial material to provide security and safe sales operation.
G. Permits to sell safe and sane fireworks shall be posted in a conspicuous location within the interior portion of the fireworks stand.
H. A sign shall be affixed to the front of the exterior portion of the fireworks stand in letters at least six inch in height, identifying the name of the nonprofit organization to which the permit to sell safe and sane fireworks was issued.
I. No electrical service shall be allowed in or within 25 feet of the firework stand, to include fuel powered generators or similar equipment.
J. Fireworks stands shall have two working, currently serviced, two and one-half gallon water extinguishers. Extinguishers shall be readily accessible.
K. During hours of non operation fireworks shall be stored in an enclosed locked cargo container on site, in a location approved by the fire chief. The storage container shall have placards on all four sides and have signage posted indicating "No Smoking" within 35 feet.
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L. Wholesale storage of safe and sane fireworks importer/distributors is not allowed in the city.
M. The fireworks stand shall be removed from the temporary location and all unsold stock and accompanying litter shall be removed from the location by five p.m., on July 5th. Failure to dismantle and/or remove any fireworks stand may result in the removal of the fireworks stand by the Fire Department or designee at the sole expense of the holder of the permit.
5608.2.8. Regulations.
A. Fireworks stands may be operated only from the hours of 8 a.m. to 8 p.m.
B. No safe and sane fireworks shall be sold before 12 noon on the twenty-eighth (28th) day of June or later than 8 p.m. on the fourth (4th) day of July.
C. It shall be unlawful to sell fireworks to persons under the age of 18 years old.
D. It shall be unlawful for the permitted organization to permit any person other than the permitted organization to operate the fireworks stand for which the permit is issued or to otherwise participate in the profits of the operation of such stand.
E. It shall be unlawful for the permitted organization to permit any person other than the individuals who are members of the permitted organization, their spouses or adult children, or volunteers whom no compensation is paid, to sell or otherwise participate in the sale of safe and sane fireworks at such stand.
F. No one under the age of 16 years old shall be allowed in the fireworks stand at any time.
G. Each organization which receives a permit must have at least two of its members attend an operator safety seminar provided by the fireworks company. 5608.2.9. Revocation of Permits
A. Any violation of this section or other city ordinances or policies, or the terms and conditions of the permit, or state laws or administrative regulation, or safety rules of the fire department, shall be grounds for the immediate revocation of the permit.
All officers and members of the organization shall be responsible for compliance with all of the provisions of this section.
B. The fire chief or his designee shall be authorized to suspend immediately and without notice or formal hearing the permit of any holder of a permit which violates any rule, regulation or ordinance while operating or preparing to operate a fireworks stand during or immediately preceding any period of sale. If the fire chief or his designee establishes that a violation has occurred too late to suspend the 14 140
permit during the period of sale, he shall have power to suspend the holder of the permit from applying for future permits.
C. The decision of the fire chief or his designee to suspend the permit shall be subject to review by the city manager, forthwith. In view of the limited sales period each year, for suspensions affecting the sale period, such hearing shall be held at the earliest possible time that the holder of the permit, city manager or his designee, and the representative of the Fire Chief can schedule a meeting for such review.
For suspensions after the sale period the hearing shall be within one month after the request for hearing, which request must be made within fifteen days after notice of the suspension. The city manager or his designee is authorized to set aside the suspension, or to modify the suspension by limiting its effect to only one or more days, or by setting aside the forfeiture for future years. The decision of the city manager or his designee shall be final.
5608.2.10. Seizure of Fireworks
The Fire Chief or the designee thereof, shall seize, take, remove, or cause to be removed, at the expense of the owner, all stocks of fireworks offered or exposed for sale, stored, or held in violation of this section.
5608.2.11. Restrictions.
A. It is unlawful for individuals under eighteen years of age to sell, purchase, or possess, "safe and sane fireworks."
B. It is unlawful for individuals under eighteen years of age to discharge, explode, fire, or set off any "safe and sane fireworks" unless such minor does so under the direct supervision of a person over 18 years of age and during the hours and on the days permitted by this section.
C. It shall be unlawful to discharge any "safe and sane fireworks" except from the first day of July to the fourth day of July during the hours of 9:00 a.m. to 10:00 p.m.
D. It shall be unlawful to ignite or otherwise use any "safe and sane fireworks," or permit the discharge thereof, upon, over, or onto the property of another without his/her consent.
E. It shall be unlawful for any person having the care, custody, or control of a minor (under 18 years old) to permit such minor to discharge, explode, fire, or set off any "dangerous fireworks," at any time, or to permit such minor to discharge or set off any "safe and sane fireworks" unless such minor does so under the direct supervision of a person over 18 years of age and during the hours and on the days permitted by this section.
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F. It shall be unlawful to discharge any "safe and sane fireworks" except on private property and as otherwise provided in this section. No fireworks shall be discharged on public, semipublic, or private open areas such as parking lots, vacant properties, or in a public street or right-of-way, or in public parks.
Exception: It shall be lawful to discharge Safe and Sane Fireworks in the public street only if street closure has been approved by the City Council for a block party. The applicant shall provide a site plan with the Street Closure application indicating the location in the street where Safe and Sane Fireworks are to be discharged. Said location shall be approved by the Fire Department.
G. Person or persons in violation of this section will be caused for immediate seizure of fireworks and citation. Improper use of fireworks or unsafe use of fireworks or use of fireworks in an area considered hazardous by the fire chief or designee shall cause immediate seizure of fireworks and citation.
5608.2.12. Permit for Public Displays of Fireworks. Public Display of fireworks, as defined in the State Fireworks Law, Section 12500 et seq of the Health and Safety Code, may be conducted subject to all the terms and provisions therein contained provided that a permit therefore has been granted by the fire chief. Such public displays, in addition, shall be subject to all rules and regulations contained in the Fire Code.
The Fire Chief shall have authority to adopt reasonable rules and regulations for the granting of permits for those activities contained in Section 12640 of the Health and Safety Code of the state of California, including supervised public displays of fireworks by a jurisdiction, fair association, amusement park, other organization, or for the use of fireworks by artisans in pursuit of their trade. Each such use or display shall be handled by a licensed pyrotechnic operator as defined by Section 12527 of the Health and Safety Code of the state of California, and shall be of such character and so located, discharged or fired as in the opinion of the fire chief or his designee, after proper investigation, will not be hazardous or endanger any person.
5608.2.13. Penalties for Violations. Any person violating any provision of this section shall be guilty of a misdemeanor and shall be subject to criminal prosecution, civil remedies, administrative fines and penalties, and any other remedies available to the city for enforcement of this code.
5608.2.14. Concurrent Authorities. This section is not the exclusive regulation for the fireworks within the City of Los Banos. This section shall supplement and be in addition to the other regulatory codes, statutes, regulations, and ordinances heretofore and hereinafter enacted by the City of Los Banos, the State of California, or any other legal entity or agency having jurisdiction.
Any provisions of the City of Los Banos in conflict herewith are hereby repealed. This section supersedes any conflicting provisions of the Uniform Fire Code and Uniform Building Code.
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5608.3. Administrative Enforcement for Fireworks - Purpose and Scope A. This Section provides for the imposition, enforcement, collection, and administrative review of all administrative fines, related to: (1) the possession, use, storage, sale and/or display of those fireworks classified as "dangerous fireworks" in California Health and Safety Code Sections 12500, et seq., with the exception of a pyrotechnic licensee when operating pursuant to that license; and (2) the sale, use, and/or display of "safe and sane fireworks" as defined in California Health and Safety Code Sections 12500 et seq. on or at dates, times and/or locations other than those permitted by this Section.
B. The issuance of citations imposing administrative fines may be performed at the discretion of the officials of the city authorized hereunder; and the issuance of a citation to any person constitutes but one remedy to redress violations of this code by any person. By adopting this Section, the city does not intend to limit its authority to employ any other remedy, civil or criminal, to redress any violation of this code or state law by any person.
C. The imposition of fines related to "dangerous fireworks" under this Section shall be limited to persons who possess, sell, use and/or display, or the seizure of, 25 pounds or less (gross weight) of such dangerous fireworks.
D. Fines collected pursuant to this Section related to "dangerous fireworks" shall not be subject to Health and Safety Code Section 12706. However, the city shall provide cost reimbursement to the State Fire Marshal for the transportation and disposal of "dangerous fireworks" seized by the city where applicable. These costs will be included in any administrative fines imposed under this Section. 5608.4. Enforcement Procedures and Fines
Administrative enforcement including the amount of administrative fine for this Section shall be pursuant to the procedures set forth in Chapter 11 of Title 4 of the Los Banos Municipal Code.
5608.5. Manufacturing of Fireworks
The manufacturing of fireworks within the City is prohibited, except under special permit as required by local and state regulations.
Amendment No. 12
Chapter 57: Section 5704 STORAGE
Section 5704.1 of the 2022 Edition of the California Fire Code is hereby amended to add Sections 5704.2.9.6(a) through (b) to read as follows:
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a) Restricted Location and Fire Protection. The storage of flammable or combustible liquids in above ground tanks shall be restricted to those areas of the City as follows: Light Industrial District (LI) and General Industrial (I) except as provided by use permits in the General Commercial District (C2) and Highway Commercial District (HC). All existing nonconforming tanks, which substantially comply with or are made to comply with the requirements of this code, may remain in use.
b) Location of Bulk Plants or Terminals. The construction of new bulk plants and/or terminals for the storage of flammable, combustible, or hazardous liquids shall be restricted to those areas of the City in the Light Industrial District (LI) and General Industrial District (I). All existing nonconforming bulk plants for the storage of flammable or combustible liquids, which substantially comply, with the requirements of this code may continue use.
Amendment No. 13
Chapter 61: Section 6101 LIQUEFIED PETROLEUM GASES
Section 6101.1 of the 2022 Edition of the California Fire Code is hereby amended to add Section 6101.1 (a) to read as follows:
a) Restricted Location and Installation. The storage of Liquefied Petroleum gas in above ground storage tanks shall be restricted to those areas of the city as follows. Light Industrial District (LI) and General Industrial (I) except as provided by use permit in the General Commercial District (C2) and Highway Commercial District (HC). All existing nonconforming facility, which substantially comply with or are made to comply with the requirements of this code, may remain in use.
Section 3. The City Council finds that the changes made to the uniform codes are enacted to mitigate the threats posed to public peace, health and safety from earthquakes and fire. In this regard, the recitals set forth in this Ordinance are incorporated herein by reference a findings.
Section 4. To the extent that the terms and provisions of this Ordinance may be inconsistent or in conflict with the terms or conditions of any prior city ordinance, motion, resolution, rule or regulation governing the same subject, the terms of this Ordinance shall prevail with the respect to the subject matter thereof and such inconsistent or conflicting provisions of prior ordinances, motions, resolutions, rules or regulations are hereby repealed.
Section 5. If any section, subsection, subdivision, paragraph, sentence, clause or phrase added by this Ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this 18 144
Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that anyone or more subsections, subdivisions, paragraphs, sentences, clauses or phrases are declared unconstitutional, invalid or ineffective.
Section 6. California Environmental Quality Act (CEQA) Guidelines section 15060(c)(2) states that a project is not subject to CEQA review where the activity will not result in a direct or reasonably foreseeable indirect physical change to the environment.
CEQA Guidelines Section 15061(b)(3) states that a project is exempt from CEQA "where it can be seen with certainly that environment." The approval of the code amendments and adoptions set forth in this Ordinance does not approve any physical development project, and it would not result in a direct or indirect physical change in the environment.
Therefore, these code amendments would not have the potential to result in individually or cumulatively significant effects on the environment and these code amendments are exempt from review under CEQA.
Section 7. This ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the City or any officer or employee thereof a mandatory duty of care towards persons and property within or without the City, so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
Section 8. This Ordinance shall go into effect and be in full force and operation thirty (30) days after its final passage and adoption. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted and published once within fifteen days after passage and adoption as may be required by law; or, in the alternative the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five days prior to the date of adoption of this Ordinance; and, within fifteen days after adoption, the City Clerk shall cause to be published, the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk.
Introduced by Council Member ___ and seconded by Council Member __ _ on the __ day of _____ , 20_
Passed on the __ day of _____ , 20_ by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
Mayor
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ATTEST:
Lucille L. Mallonee, City Clerk
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CITY OF LOS BANOS
NOTICE OF PUBLIC HEARING
TO RECEIVE PUBLIC COMMENT AND CONS ID ERA TION OF ADOPTION BY REFERENCE THE 2022 EDITION OF THE CALIFORNIA BUILDING ST AND ARDS CODE AND RELATED 2022 EDITION CODES TO THE CITY OF LOS BANOS'
BUILDING CODE ORDINANCE
WHERE: City Council Chambers
520 J Street
Los Banos, California
WHEN: October 5, 2022
6:00 PM
NOTICE IS HEREBY GIVEN that the Los Banos City Council will conduct a Public Hearing to receive public comment and consider amedment to the City of Los Banos Building Code Ordinance by adoption by reference the California Building Code 2022 Edition and related 2022 Edition Codes.
Title 8, Chapter 1, Building Codes, of the City of Los Banos Municipal Code, incorproates the California Building code plus locally adopted amendments to the codes and is known as the Building Codes of the City of Los Banos. The Los Banos City Council will consider an Ordnance, which if adopted will substantially revise Title 8, Chapter 1 of the Los Banos Municipal Code as it relates to the California Building Code by adoption by reference the California Building Standards Code 2022 Edition; the California Building Code 2022 Edition; the California Energy Code 2022 Edition; the California Historical Bulding Code 2022 Edition; the California Referenced Standards Code 2022 Edition; the California Electrical Code 2022 Edition; the California Mechanical Code 2022 Edition; the California Administrative Code 2022 Edition; the California Exisitng Building Code 2022 Edition; the California Green Building Standards Code 2022 Edition; the California Residential Code 2022 Edition; and the California Plumbing Code 2022 Edition.
THE PUBLIC HEARING WILL BE HELD at the regular meeting of the Los Banos City Council on Wednesday, October 5, 2022 at 6:00 p.m. in the Council Chambers at Los Banos City Hall located at 520 J Street, or as near as possible thereafter, at which time and place interested persons may appear and be heard thereon. Questions regarding the abovereferenced item may be directed to Stacy Souza Elms, Community and Economic Development Director, 520 J Street or at (209) 827-7000. Copies of the primary code and also copies of the secondary codes, if any, being considered for adoption, are on file with the City Clerk, and are open for public inspection.
All interested persons will be given an opportunity to comment on this item at the Public Hearing. In addition, written comments may be submitted to the City Council at or prior to the hearing, mailed to 520 J Street, Los Banos, CA 93635, Attention: Stacy Souza Elms, Community and Economic Development Director. Please reference hearing title and date of hearing in any correspondence. If no comments are received prior to or on the above date, it will be assumed that no comments are being offered. Please note that if you 147
challenge the City's final decision on the above matter in court, you may be limited to raising only those factual and legal issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. In light of the foregoing, all interested members of the public are encouraged to voice their concerns regarding all above matter either in person at the hearing or in writing through correspondence addressed to the City Council and submitted to the City Council at or prior to the date of the above hearing.
It is the intention of the City to comply with the Americans with Disabilities Act (ADA).
If you require special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact the City Clerk's Office at (209) 827-7000 at least 48 hours prior to the meeting to inform us of your particular needs.
CITY OF LOS BANOS
Stacy Souza Elms,
Community and Economic Development Director
148
LOsBanos
At the Crossroads c~f ( alUcnnia
Agenda Staff Report
TO:
FROM:
Mayor Pro Tern Lambert and City Council Members0
Gregory B. Wellman, Interim City Manage~
DATE:
TYPE OF REPORT:
SUBJECT:
RECOMMENDATION:
October 5, 2022
Agenda ltem/Councilmember Request
Mayor Vacancy
1. Provide interested persons an opportunity to present to the City Council their qualifications to fill the vacancy created by the resignation of Mayor Faria.
2. Consider the qualifications and presentations of interested persons.
3. Appoint a qualified person to fill the vacancy by adoption of Resolution -- In the alternative:
4. Provide direction to staff on how to proceed.
BACKGROUND:
As a result of the resignation of Mayor Faria effective September 17, 2022 a vacancy has occurred in the office of the elected Mayor. The next General Election is scheduled for Tuesday, November 8, 2022 and the Merced County Elections Officer (Registrar of Voters) has thirty (30) days to certify the results of the election. Upon the Merced County Election Officer's certification, the City Council will then by resolution accept the election results at a regular meeting of the City Council. The foregoing 149
process would be expected to conclude in December 2022 with the swearing in of a new Mayor. It should be noted that as of the date of this staff report there is only one current candidate running for Mayor in the November 8, 2022 General Election.
On September 21, 2022, Council Member Jones, during councilmember comments, requested an item be placed on the next agenda allowing for the discussion, nomination, and appointment to fill the mayoral vacancy.
Pursuant to Government Code §36512(b), if a vacancy occurs in an elective office, the City Council must, within sixty (60) days from the date of the vacancy, either fill the vacancy by appointment or call a Special Election to fill the vacancy. Since there are only thirty four (34) days until the November 8, 2022 General Election the option to call a Special Election is a non-option.
By Appointment. There are no State laws or Los Banos Municipal Code provisions establishing specific procedures to make an appointment to fill a City Council vacancy. No formal application process is required , and the City Council may appoint any qualified person who is at least eighteen (18) years of age, and a resident of Los Banos and a registered voter. If the City Council opts to fill the vacancy by appointment, the Brown Act requires any interviews, deliberations, or voting concerning the appointment conducted by the City Council to be held in open session. In this case a person either appointed or elected shall hold office for the unexpired term of the former incumbent.
DISCUSSION:
Some jurisdictions have adopted ordinances, resolutions or policies, setting out the procedure for filling a City Council vacancy. The City of Los Banos does not have an established procedure for filling a City Council/Elected Mayor vacancy.
Alternative 1 - Appoint a qualified person to fill the vacancy for the remainder of the term.
If the City Council votes to fill the vacancy by appointment, the appointment must be made within sixty (60) days of the City Council seat becoming vacant. The 60th day from the effective date of Mr. Faria's resignation would be after the November 8, 2022 General Election.
There is no legal requirement that the City Council use any particular method of appointment. It is common in such situations for the City Council to notice the vacancy and invite applications. If the City Council interviews, it must be done at a public meeting, although the meeting can be held at any time. The appointment must be made in public. This is not a permitted Closed Session discussion or decision.
In anticipation of this option and the time constraints (thirty four (34) days until the General Election) staff has posted on the City's website and City's Facebook pages a notice and invitation to interested persons that the City Council would allow 150
presentations at its October 5, 2022 meeting to present their qualifications to fill the vacancy in the Office of Mayor. A copy of the notice is enclosed with this staff report.
Alternative 2 - Direction to Staff.
Staff will implement any further direction from the City Council.
FISCAL IMPACT:
None.
Reviewed by:
Attachments:
Notice
Proposed Resolution
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THIS PAGE IS INTENTIONALLY LEFT BLANK
152
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS
BANOS FILLING THE VACANCY OF THE OFFICE OF MAYOR BY
APPOINTMENT TO SERVE THE UNEXPIRED TERM OF THE
INCUMBENT
WHEREAS, pursuant to California Government Code Section 34903 the Mayor is elected at large for a two (2) year term as a member of the City Council and has all of the powers and duties of a member of the City Council; and WHEREAS, pursuant to California Government Code Section 36802 the Mayor is the presiding officer at the meetings of the City Council; and WHEREAS, pursuant to California Government Code Section 36512 if a vacancy occurs in the elective office of Mayor the City Council may fill the vacancy by appointment; and
WHEREAS, if the vacancy occurs in the second half of a term of office, the person appointed to fill the vacancy shall hold office for the unexpired term of the former incumbent; and
WHEREAS, a vacancy has occurred in the office of Mayor due to the resignation of Manuel Thomas Faria Ill effective September 17, 2022; and WHEREAS, the next General Municipal Election is scheduled for Tuesday, November8,2022;and
WHEREAS, the City Council wishes to fill the vacancy in the office of Mayor by appointment, for the unexpired term of the former incumbent.
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Los Banos that [NAME] is hereby appointed as Mayor of the Los Banos City Council to serve the unexpired term of the former incumbent.
The foregoing resolution was introduced at a regular meeting of the Los Banos City Council held on the 5th day of October 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:CouncilMembera
NOES:
ABSENT:
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APPROVED:
Kenneth Lambert, Mayor Pro Tern
ATTEST:
Lucille L. Mallonee, City Clerk
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PUBLIC NOTICE
Subject: VACANCY OF THE OFFICE OF MAYOR
PLEASE TAKE NOTICE that at its Regular Meeting of
October 5, 2022 at 6:00 p.m. at the City Council
Chambers at 520 J Street in Los Banos, the City Council of the City of Los Banos will consider filling the vacancy of the office of Mayor. All persons interested in being
considered to fill the vacancy of the office of Mayor are invited to attend and make a five (5) minute
statement/presentation to the City Council as to why they should be considered to fill the vacancy for the former Mayor’s unexpired term (expected to expire upon
certification of November 8, 2022 General Election results).
The City Council may appoint any qualified person who is at least eighteen (18) years of age, a resident of Los Banos, and a registered voter.
Dated: September 30, 2022
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Agenda Staff Report
TO: Mayor Pro Tem & City Council Members
FROM: Lucy Mallonee, MMC f)l'Y'
City Clerk/Human Resources Director
DATE: October 5, 2022
SUBJECT: Announcement of City Commission Vacancies
TYPE OF REPORT: Informational Item
Recommendation:
No action necessary; informational item only.
Discussion:
The City Clerk must report to the City Council current and upcoming vacancies on City Commissions. Vacancies will be advertised in the local newspaper, on the City's website, on City social media platforms and on the bulletin board located outside of City Hall. The deadline to submit an application to serve on a City Commission is Thursday, Decemb r 22, 2022.
Notice of Vacancy
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NOTICE OF VACANCIES ON CITY COMMISSIONS
Notice is hereby given that the City of Los Banos is now accepting applications from citizens 18 or older residing within the City limits of Los Banos interested in serving on the following City Commissions/Committees:
Airport Advisory Commission - Four (4) Vacancies
Three (3) Two (2) Year Terms - Expiring December 31, 2024 One (1) Unexpired Term - Expiring December 31, 2023
Measure H Citizens' Oversight Committee - Three (3) Vacancies Three (3) Two (2) Year Terms - Expiring December 31, 2024 Measure P Committee - Four ( 4) Vacancies
Three (3) Three (3) Year Terms - Expiring December 31, 2025 One (1) Unexpired Term - Expiring December 31, 2023
Parks & Recreation Commission - Three (3) Vacancies
Three (3) Two (2) Year Terms - Expiring December 31, 2024 *One vacancy will be filled with an appointment made by the Los Banos Unified School District.
Planning Commission - Three (3) Vacancies
One (1) Vacancy in District 2 - Expiring December 31, 2026 One (1) Vacancy in District 3 - Expiring December 31, 2026 One (1) At-Large Vacancy- Expiring December 31, 2024
* A District Electoral Map can be viewed on the City's website at:
https://losbanos.org/wp-contenUuploads/2022/03/Draft-B.pdf Tree Commission - Two (2) Vacancies
Two (2) Two (2) Year Terms - Expiring December 31, 2024 The various commissions meet once a month, twice a month, or quarterly and serve as advisory bodies to the City Council and Administrative Officials on such actions as they deem necessary, proper or advisable for the proper administration of City functions.
Commissioners receive no compensation for their time, although they may be requested to attend training workshops or seminars at City expense. If you are interested in volunteering to serve on any of the City Commissions and are a resident of the City of Los Banos, please contact the City Clerk's Office at City Hall, 520 J Street, 827-2448 to request an application or access an application on the City's website:
www.losbanos.org. The deadline to submit an application to the City Clerk is Thursday, December 22, 2022 before 5:00 p.m., and the appointments are tentatively scheduled for the City Council meeting of Wednesday, January 4, 2023. 159
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COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT
Date: September 30, 2022
Regarding: Notice of Public Hearing
Proposal: Conditional Use Permit #2022-10 - 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 #2022-10 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 a bona-fide eating place, Las Micheladas Bar & Grill Los Banos, located at 509 I St., more specifically identified as Assessor's Parcel Number 025-241 - 003.
A PUBLIC HEARING on this matter will be held at the next scheduled meeting of the Los Banos Planning Commission on Wednesday, October 12, 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 participation at this hearing
F LOS BANOS
Associate Planner
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