LOsBanos
At the Crossroads of California
www.losbanos.org
NOTICE AND CALL OF A SPECIAL MEETING
OF THE LOS BANOS CITY COUNCIL
CITY HALL COUNCIL CHAMBERS
520 J Street
Los Banos, California
JANUARY 11, 2023 - 4:00 PM
Please take notice that Mayor Paul Llanez hereby calls a Special Meeting of the Los Banos City Council Pursuant to Government Code Section 54956.
P-£ul u::f?t Date
CITY COUNCIL SPECIAL MEETING AGENDA
CITY HALL COUNCIL CHAMBERS
520 J Street
Los Banos, California
JANUARY 11, 2023 - 4:00 PM
Live stream on YouTube at:
https://www.youtube.com/@losbanos406
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 a tender o participar en esta junta por favor /lame a la oficina de la Secretaria de la ciudad al (209) 827-7000 a lo menos de 48 horas previas de la junta.
La Cuidad de Los Banos cump/e 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.
* * * * * * * * * * * * * * * *
Cua/quier escritura o los documentos proporcionaron a una mayoria de/ Ayuntamiento respecto a cualquier articulo en este orden de/ dia sera hecho disponible para la inspecci6n publica en la reunion yen la oficina de la Secretaria de la ciudad en City Hall, 520 J Street, Los Banos, California durante horas de oficina normales. Ademas, tales escrituras y los documentos pueden ser anunciados en el website de la ciudad en www.losbanos.org.
Los Banos City Council Agenda - January 11, 2023 Page 1 of 2
1. CALL TO ORDER.
2. PLEDGE OF ALLEGIANCE.
3. ROLL CALL: (City Council Members)
Kenneth Lambert - District 1
__ Douglas Begonia, Jr. - District 2
__ Paul Llanez - Mayor
4. CONSIDERATION OF APPROVAL OF AGENDA.
4:00 PM
Brett Jones - District 3
Deborah Lewis - District 4
5. 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.)
6. CONDUCT INTERVIEWS FOR THE CITY TREASURER VACANCY AND MAKE A SELECTION TO FILL THE VACANCY.
A. City Council Resolution No. 6603 - Approving an Appointee to fill the Vacancy in the Office of the City Treasurer.
Recommendation: Receive the staff report, approve the interview and voting process, and select an applicant to fill the vacancy by adopting the resolution.
7. CLOSED SESSION.
A. Conference with Legal Counsel - Anticipated Litigation, Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(b): One Potential Case.
B. Public Employment - City Manager (Recruitment), Pursuant to Government Code Section 54957.
C. Conference with Legal Counsel - Anticipated Litigation, Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(b): One Potential Case.
8. ADJOURNMENT.
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing Special Meeting agenda was posted on the City Hall bulletin board not less than 24 hours prior to ~
Lucille
m~
L. Mallonee
g·/. ~
, City Clerk Dated this 10th day of January 2023
Los Banos City Council Agenda - January 11, 2023 Page 2 of 2 TO:
FROM:
DATE:
LOsBanos
At the C ,os ,oacl <~/ LalUornia
Agenda Staff Report
Mayor Llanez and City Council Members
Stacy Souza Elms, Interim City Manager/ Community and Economic ~ Development Director
January 11 , 2023
TYPE OF REPORT: Agenda Item
SUBJECT: City Treasurer Appointment
Recommendation:
Adopt a Resolution appointing an applicant to fill the vacancy of the elected City Treasurer.
Background:
On December 7, 2022, the Los Banos City Council directed staff to fill the City Treasurer vacancy by appointment. The filing period for applicants to apply for the vacant seat began on Friday, December 10, 2022 and ended on December 30, 2022. Staff advertised the solicitation for applications on the City's website, the Westside Express, Los Banos Enterprise, and on social media.
The person appointed to fill the vacancy would hold office until the next general municipal election in November 2024.
DUTIES OF THE CITY TREASURER:
Current law imposes specific duties on the City Treasurer which requires a specialized knowledge of municipal investments and banking. The duties of City Treasurer stated in 1 Section 41001-41005 of the California Government Code are:
"Section 41001. The city treasurer shall receive and safely keep all money coming into his hands as treasurer.
Section 41002. He shall comply with all laws governing the deposit and securing of public funds and the handling of trust funds in his possession.
Section 41003. He shall pay out money only on warrants signed by legally designated persons.
Section 41004. Regularly, at least once each month, the city treasurer shall submit to the city clerk a written report and accounting of all receipts, disbursements, and fund balances. He shall file a copy with the legislative body.
Section 41005. The city treasurer shall perform such duties relative to the collection of city taxes and license fees as are prescribed by ordinance." The City's Finance Department staff handles all of the above tasks under the oversight of the City Treasurer.
Discussion:
The City Clerk's Office received three (3) applications for City Treasurer. The City Council has received all three (3) applications for review.
One of the three applicants was withdrawn as they would not be able to participate in the interview process on January 11, 2023.
The interview and voting process will be conducted as follows:
a) Each of the applicants will be interviewed separately. b) The order of the interviews will be determined by Lot. The City Clerk will place the names of the applicants in a container and randomly draw the names. c) Each of the applicants will be given the opportunity to introduce themselves and to address the City Council concerning his or her qualifications, and to answer the same questions.
d) Each applicant will be given 15 minutes to complete their interview. e) Each Council Member shall vote for one (1) applicant. f) The applicant that receives the majority votes shall be selected to fill the vacancy by Resolution of the City Council
2 Attachments:
Resolution
3 RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS
BANOS APPOINTING _______ TO FILL THE VACANCY
IN THE OFFICE OF THE CITY TREASURER
WHEREAS, the former City Treasurer did not seek re-election in the November 2022 General Election;
WHEREAS, as a result, a vacancy has occurred in the office of City Treasurer; WHEREAS, Government Code section 36512(b) sets forth the procedure for filling vacancies in an elective office. This Section requires the City Council to either fill the vacancy by appointment or call a special election to fill the vacancy within sixty (60) days from the commencement of the vacancy;
WHEREAS, if the City Council calls a special election to fill the vacancy, the City will be responsible for paying for the special election; the cost of which is unknown at this time; WHEREAS, the City Council has determined that it is in the City's best interest to fill the vacancy in the office of the City Treasurer by appointment; WHEREAS, an individual is eligible to hold office as the City Treasurer only if he or she is eighteen (18) years of age or older, a registered voter, and a resident of the City; WHEREAS, the City has solicited applications from qualified persons to assume the office of City Treasurer by posting on the City's website and advertising in the local news; WHEREAS, the City Council has interviewed the applicants and has considered each of their respective qualifications.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LOS BANOS DOES HEREBY RESOLVE AS FOLLOWS:
1. The City Council of the City of Los Banos finds that the above recitals are true and correct.
2. That the City Council of the City of Los Banos hereby appoints -------- to fill the vacancy of City Treasurer who will serve as City Treasurer in accordance with applicable law.
3. That the City Treasurer shall have all of the powers and duties as set forth in the Government Code of the State of California, and the Municipal Code of the City of Los Banos.
4. The City Clerk is hereby authorized and directed to administer the oath of office to ________ and to carry out all actions necessary and appropriate to permit him/her to take office as the City Treasurer for the City of Los Banos in accordance with applicable law.
5. This Resolution shall take effect immediately after its passage.
The foregoing Resolution was introduced at a special meeting of the City Council of the City of Los Banos held on this _ day of __ 2023, by Council Member _ _ _ , who moved its adoption, which motion was duly seconded by Council Member ___ , and the Resolution was adopted by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
Paul Llanez, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk