Agenda packet — Los Banos City Council, April 5, 2023

1. LOsBanos
At t1ie t tt ' of Califonna
www.losbanos.org
AGENDA

CITY COUNCIL MEETING

CITY HALL COUNCIL CHAMBERS
520 J Street
Los Banos, California
APRIL 5, 2023 - 6:00 PM
ff you require special assistance to attend or participate in this meeting, please call the City Clerk's Office @ (209) 827-7000 at feast 48 hours prior to the meeting.

The City of Los Banos complies with the Americans with Disabilities Act (ADA) of 1990. * * * * * * * ** * * * * * * *
Si requiere asistencia especial para atender o participar en esta junta por favor 1/ame a la oficina de la Secretaria de fa 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 b
e made available for public inspe ction at the meeting
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* * * * * * * * * * * * * * * *
Cualquier escritura o los documentos proporcionaron a una mayor/a def Ayuntamiento re specto a cuafquier artfculo en este orden def dfa sera hecho disponible para la inspecci6n publica en la reunion y en la oficna i de la Se cretaria de la ciuda d en City Hall, 520 J Street, Los Banos,
i California durante horas de oficina norm ales. Ade mas, tales escrituras y los docume ntos ;
L. ............................. ��.?. .. �:�.��.��.��·�···�� .. �'. ..'�:�?.��r.� .. �: .. '.� ... :��?.�� . �.� .. �:'.?..�?��:.?.�?..: ............................... ; CALL TO ORDER - April 5, 2023 6:00 PM

2. PLEDGE OF ALLEGIANCE.

3. ROLL CALL: (City Council Members)
Kenneth Lambert - District 1
Brett Jones - District 3
__ Paul Llanez - Mayor
Los Banos City Council Agenda -April 5, 2023
__ Douglas Begonia, Jr. - District 2
Deborah Lewis - District 4

Page 1 of 4 ends

1 4. CONSIDERATION OF APPROVAL OF AGENDA.

Recommendation: Adopt the agenda as submitted.

5. PRESENTATIONS.

A Certificate of Recognition - Employee of the Month for March 2023 - Jennifer Canchola, Accountant I.

B. Certificate of Recognition - Police Officer Noah Jones Becoming a Member of the Police Activities League "PAL" Giants Hall of Fame.

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 #237894 - #238186 in the Amount of $1,666,830.17.

Recommendation: Approve the check register as submitted.

B. City Council Resolution No. 6621 - Authorizing the City Manager to Approve a Purchase Order with Lehr Auto for Automated License Plate Reader (ALPR) Cameras and Software.

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 #2023-01 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 OnSale of General Alcohol for a Bona-Fide Eating Place, The Roundup Sports Bar, Located at 830 I Street, More Specifically Identified as Assessor's Parcel Number: 026-143-003.
1) City Council Resolution No. 6622 - 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 #2023-01 to Allow for the On-Sale of General Alcohol Under a Type 47 Alcohol License at 830 I Street; More Specifically Identified as Assessor's Parcel Number: 026-143-003.

Los Banos City Council Agenda -April 5, 2023 Page 2 of4 2 pg. 5
pg. 6
pgs. 7-12
pgs. 13-34
pgs. 35-60
Recommendation: Receive staff report, open the public hearing, receive public comment, close the public hearing, and adopt the resolution as submitted.

9. ORDINANCE NO. 1202 - REPEALING IN PART AND AMENDING SECTION 2-

3.126 OF ARTICLE 1 CHAPTER 3 TO TITLE 2 OF THE LOS BANOS MUNICIPAL CODE RELATING TO CITY MANAGER.
(First Reading & Introduction)
Recommendation: Receive staff report, receive public comment, consider waiving the first reading, and introducing the ordinance as submitted.

10. CANCELLATION OF THE REGULAR CITY COUNCIL MEETING SCHEDULED FOR WEDNESDAY, MAY 3, 2023 DUE TO THE MAY DAY FAIR.

Recommendation: Cancel the meeting as stated.
11 . ADVISEMENT OF PUBLIC NOTICES. (Three Reports)
Recommendation: Informational item only, no action to be taken.

12. CITY MANAGER REPORT.

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

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

SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT (SJVAPCD),

AND LOS BANOS DOWNTOWN PROPERTY & BUSINESS IMPROVEMENT
DISTRICT (LBDPBID).

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

14. CITY COUNCIL MEMBER REPORTS.

A. Deborah Lewis - District 4
B. Kenneth Lambert - District 1
C. Douglas Begonia, Jr. - District 2
D. Brett Jones - District 3
E. Paul Llanez- Mayor

15. CLOSED SESSION.

A. Conference with Legal Counsel - Anticipated Litigation, Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(b ): One Potential Case.

16. ADJOURNMENT.

Los Banos City Council Agenda - April 5, 2023 Page 3of4 3 pgs. 61-66
pgs. 67-69
I hereby certify under
~
penalty of perjury under the laws of the State of California that the foregoing bulletin board not less than 72 hours prior to the meeting.

Sara Blevins, Assistant City Clerk Dated this 31st day of March 2023 Los Banos City Council Agenda - April 5, 2023 Page4 of4 4 CERTIFICATE OF RECOGNITION
Presented <To

JENNIFER CANCHOLA
Accountant I - Finance Department
In recognition of your outstanding peiformance
and dedicated service to the City of Los <13anos and
for 6eing named "P.mp{oyee of the :Month "for gvfarch 2023.

Pau{ £Canez, :Mayor
{f)atea: Jlpril 5, 2023
LOsBanos
A, Ll1r C ,~ , s 1) cdi(, ·n,
5 ITEM 5A

CERTIFICATE OF RECOGNITION
<Presentecf 7'o

NOAH JONES
Police Officer - Los Banos Police Department
In recognition of your support ancf cfeclication to
tlie community ancf for 6ecoming a mem6er of
tlie Pofice .Jlctivities League "P.Jl.£ " (jiants '][a{{ of P ame. <Pau[ £Canez, <Mayor
(J)atea: Jlpri{ 5, 2023
LOsBanos
At 111 (., ·o~ ;routl. ,f Ct11ifornia
6 ITEM 5B
CK# 237894 - # 238186
Bank Reconciliation
Checks by Date
User: jcanchola
Printed: 03/29/2023 - 2:41 PM
Cleared and Not Cleared Checks
Print Void Checks
Check Check Date Name
237894 3/10/2023 Alhambra
237895 3/10/2023 Kevin S. Riedernan
237896 3/10/2023 All American Plumbing
237897 3/10/2023 AMS Consulting
237898 3/10/2023 Anderson Pump Company Inc
237899 3/10/2023 Animal Damage Management, Inc.
237900 3/10/2023 Aramark Uniform Ser Inc
04/05/2023 $1,666,830.17
LOsBanos
Module Void Amount
AP 13.98
AP 346.35
AP 219.00
AP 4,400.00
AP 775.94
AP 4,470.00
AP 1,409.61
237901 3/10/2023 AramarkUniform & Career Apparel Group, Inc. AP 300.74 237902 3/10/2023 AT&T AP 162.00
237903 3/10/2023 AT&T AP 122.34
237904 3/10/2023 Julio Aranda AP 600.00
237905 3/10/2023 BJ's Consumers Choice Pest Control Inc. AP 162.00 237906 3/10/2023 Bob Barker Company Inc. AP 426.57
237907 3/10/2023 Boot Barn AP 546.38
237908 3/10/2023 Borelli Real Estate Service, Inc. AP 90.00 237909 3/10/2023 Bruce's Tire Inc AP 2,747.32
237910 3/10/2023 BSK Associates AP 22,348.85
237911 3/10/2023 Ca Dept of Justice Cashiering Unit AP 1,542.00 237912 3/10/2023 CCID AP 243.34
237913 3/10/2023 Central Sanitary Supply, LLC AP 45.46
237914 3/10/2023 Clark Pest Control Inc AP 100.00
237915 3/10/2023 Copy Shipping Solutions AP 645.89
237916 3/10/2023 Critical Reach Inc. AP 650.00
237917 3/10/2023 LN Curtis & Sons AP 104.26
237918 3/10/2023 D & D Pest Control AP 177.00
237919 3/10/2023 Taylor Darnall AP 190.00
237920 3/10/2023 Dos Palos Publishing Company AP 283.50 237921 3/10/2023 E & J Elite Plumbing AP 1,070.00
237922 3/10/2023 Edges Electrical Group, LLC AP 7,334.93 237923 3/10/2023 Employee Relations, Inc. AP 50.00
237924 3/10/2023 Espana's Restaurant AP 2,680.58
237925 3/10/2023 Fastenal Company AP 28.53
237926 3/10/2023 Fresno City College AP 3,312.00
237927 3/10/2023 Galvin Preservation Associates, Inc. AP 25,757.40 237928 3/10/2023 GoTo Communications, Inc. AP 3,109.01
237929 3/10/2023 Carolina Garcia AP 500.00
237930 3/10/2023 Hach Company AP 1,534.36
237931 3/10/2023 Halcyon Creek Inc. AP 7,028.36
237932 3/10/2023 Henley Pacific, LLC AP 225.60
237933 3/10/2023 Kone Inc. AP 819.06
237934 3/10/2023 Krazan & Associates AP 9,320.75
237935 3/10/2023 TimJLaw AP 800.00
ITEM 7A
7 237936 3/10
/2023 League of California Cities AP 466.39
237937 3/10/2023 Gabriel Omar Ortiz Lepe AP 799.00
237938
3/ 10/2023 Lucas Business Systems AP 1,225.50
237939 3/10/2023 Marfab Inc AP 164.25
237940
3/10/2023 Merced Chevrolet Inc. AP 695.59
237941 3/10/2023 Merced County Registrar Voters AP 35,093.20 237942 3/10/2023 Merced County Regional Waste Management Authority AP 7,917 .11
237943
3/10/2023 Monument Row, Inc. AP 2,909.08
237944 3/10/2023 Napa Auto Parts of Los Banos AP 2,140.74 237945 3/10
/2023 NDN International LLC AP 403.74
237946 3/10/2023 Carolina Navarro AP 350.00
237947
3/ 10/2023 O'Dell Engineering AP 3,071.25
237948 3/10/2023 The Office City AP 119.43
237949 3/10/2023 OSE AP 402.74
237950 3/10
/2023 O'Reilly Auto Parts AP 152.87
237951 3/10/2023 PG&E Company AP 121,447.75
237952
3/10/2023 Pacific Landscape Supply, Inc. AP
4,193.75
237953 3/10/2023 Pinnacle Medical Group, Inc. AP 345.00 237954
3/ 10
/2023 Pitney Bowes Inc AP 473.25
237955
3/10/2023 Premier Access Insurance Co. AP 20,891.40
237956 3/10/2023 Plan It Geo LLC AP 4,000.00
237957
3/10/2023 Provost and Pritchard Engineering, Inc. AP 51 ,967.64
237958 3/10/2023 Purchase Power Inc AP
3,030.00
237959 3/10
/2023 Protech Security & Electronics, Inc. AP 432
.00
237960 3/10/2023 Razzari Dodge Chrysler Jeep AP 523.66
237961
3/10/2023 Anil Raj AP 450
.00
237962
3/ 10/2023 Micaela Rendon AP 600.00
237963 3/10/2023 SJVAPCD AP 577.00
237964 3/10
/2023 Save Mart Supermarkets AP 96
.82
237965 3/10/2023 Robert & Susan Hansen AP
1,305.00
237966
3/10/2023 SIJ Holdings, Inc AP 585.58
237967 3/10/2023 Frank Silveria AP 900.00
237968
3/ 10/2023 Soares Lumber & Fence Inc AP 30.45
237969
3/10/2023 Springbrook Software, Inc. AP
4,788.00
237970
3/10/2023 Sorens
ens True Value AP 294.43
237971 3/10/2023 Sorensens True Value AP 90.20
237972 3/10/2023 Brent Specht AP 161.66
237973 3/10
/2023 Stommel, Inc. AP
3,030.87
237974 3/10/2023 Sun Life Financial AP 7,041.40
237975 3/10/2023 Solgen Construction lie dba Solgen Electric AP 379.70 237976
3/10/2023 Technicon Engineering Services, Inc. AP 2,057.50 237977 3/10/2023 Terryberry Company LLC AP 1,057.09
237978 3/10
/2023 Thirkettle Corporation AP 23
,059.35
237979 3/10/2023 Tractor Supply Credit Plan AP 670.91
237980 3/10/2023 Triangle Rock Products AP 426
.50
237981 3/ 10/2023 Turlock Spay Neuter Clinic LLC AP 850.00 237982 3/10/2023 Tyler Technologies, Inc. AP
5,200.00
237983
3/10/2023 US Bank Corp Pymt System AP 27,694.88
237984 3/10/2023 Borelli Real Estate AP 98.13
237985 3/10/2023 Los Banos Property Management Services AP 196.26 237986 3/10/2023 Benchmark Eng
ineering, Inc. AP 70.92
237987 3/10/2023 Meritage Homes AP 68
.25
237988 3/10/2023 Eduardo Castillo Solis AP 85.86
237989 3/10/2023 Alta Real Estate Services, Inc. AP 88.32 8 237990 3/10/2023 Alta Real Estate Services, Inc. AP 65.89 237991 3/10/2023 Blanca Aguilar AP 72.42
237992 3/10/2023 Joaquin Lopez Garcia AP 72.42
237993 3/10/2023 Gerald Pinatacan AP 72.42
237994 3/10/2023 Home Sweet Home Property Management Co. AP 121.76 237995 3/10/2023 Hermelindo Gallardo AP 118.23
237996 3/10/2023 Zinnia Menchaca-Navarro AP 100.00
237997 3/10/2023 Jose Salgado AP 141.12
237998 3/10/2023 Lexean Maka AP 108.42
237999 3/10/2023 Alta Real Estate Services, Inc. AP 72.42 238000 3/10/2023 Taoufik Zoubeidi AP 101.87
238001 3/10/2023 Gerardo Robles AP 158.47
238002 3/10/2023 Law Offices of William A Vaughn AP 787.50 238003 3/10/2023 Verizon Wireless AP 750.97
238004 3/10/2023 Western Oilfields Company AP 62,528.01 238005 3/10/2023 Windecker Inc AP 29,166.30
238006 3/10/2023 Young's Air Conditioning AP 246.00
238014 3/17/2023 AAA Business Supplies AP 57.15
238015 3/17/2023 All American Plumbing AP 563.85
238016 3/17/2023 Aramark Uniform Ser Inc AP 428.86
238017 3/17/2023 AT&T Mobility AP 207.40
238018 3/17/2023 AT&T AP 2,061.15
238019 3/17/2023 AT&T AP 201.88
238020 3/17/2023 Hailey Andrews AP 350.00
238021 3/17/2023 Richard A Blak Phd AP 450.00
238022 3/17/2023 Bound Tree medical LLC AP 75.71
238023 3/17/2023 Brinks Inc. AP 774.53
238024 3/17/2023 BSK Associates AP 1,478.00
238025 3/17/2023 Callyo 2009 Corp AP 4,972.80
238026 3/17/2023 Callander Associates Landscape Architecture, Inc. AP 4,643.25 238027 3/17/2023 John Cates AP 55.00
238028 3/17/2023 Central Valley Cardiovascular Group Inc. AP 200.00 238029 3/17/2023 Central Valley Toxicology, Inc AP 85.00 238030 3/17/2023 Chabin Concepts, Inc. AP 6,562.50
238031 3/17/2023 CSNRMA AP 439.92
238032 3/17/2023 Clark Pest Control Inc AP 170.00
238033 3/17/2023 Comcast AP 21.05
238034 3/17/2023 Cook's Communications Corp. AP 2,622.02 238035 3/17/2023 Copy Shipping Solutions AP 102.14
238036 3/17/2023 CSG Consultants Inc. AP 30,045.51
238037 3/17/2023 LN Curtis & Sons AP 19,607.63
238038 3/17/2023 City of Los Banos ** AP 4,173.59
238039 3/17/2023 Dos Palos Publishing Company AP 283.50 238040 3/17/2023 Fas Trak Invoice Processing Dept. AP 14.00 238041 3/17/2023 Gouveia Engineering Inc. AP 19,322.53
238042 3/17/2023 Carlitos Gonzalez AP 600.00
238043 3/17/2023 Holt of California AP 4,544.76
238044 3/17/2023 Brent Kuhn AP 25,434.31
238045 3/17/2023 Marfab Inc AP 72.81
238046 3/17/2023 Merced MRI Medical Group AP 65.00
238047 3/17/2023 NDN International LLC AP 1,494.03
238048 3/17/2023 OSE AP 15.88
238049 3/17/2023 On Target Marketing AP 474.69
238050 3/17/2023 Outfront Media Inc. AP 13,090.00
9 238051 3/17/2023 PG&E Company AP 2,000.00
238052 3/17/2023 Christopher Perrecone AP 55.00
238053 3/17/2023 Pete Grove AP 250.00
238054 3/17/2023 PlaceWorks, Inc. AP 4,207.50
238055 3/17/2023 Price Paige and Company CP A's LLP AP 1,759.00 238056 3/17/2023 Justin Ragunton AP 55.00
238057 3/17/2023 RAT Incorporated AP 805.00
238058 3/17/2023 Rob Robinson AP 55.00
238059 3/17/2023 Adriana Robledo AP 191.00
238060 3/17/2023 Ronny's Inc. AP 45,581.88
238061 3/17/2023 Ronny's Inc. AP 5,762.22
238062 3/17/2023 Ronny's Inc. AP 4,880.00
238063 3/17/2023 San Joaquin Valley Drainage Authority AP 1,705.10 238064 3/17/2023 Save Mart Supermarkets AP 238.05
238065 3/17/2023 Smith & Loveless Inc AP 1,801.99
238066 3/17/2023 Sorensens True Value AP 2,312.41
238067 3/17/2023 Sorensens True Value AP 2.07
238068 3/17/2023 Stacy Souza Elms AP 440.79
238069 3/17/2023 Sun Ridge Systems, Inc. AP 8,200.00
238070 3/17/2023 Superior Pool Products, LLC AP 3,911.45 238071 3/17/2023 Sarina Sanchez AP 350.00
238072 3/17/2023 Telstar Instruments AP 1,346.00
238073 3/17/2023 Thomas Floor Coverings, Inc AP 17,652.62 238074 3/17/2023 Townsend Public Affairs, Inc. AP 6,500.00 238075 3/17/2023 Katherine Uhley AP 440.79
238076 3/17/2023 UC Regents AP 840.00
238077 3/17/2023 USA Blue Book AP 256.45
238078 3/17/2023 Tina Jones AP 200.00
238079 3/17/2023 Erika Araiza AP 52.80
238080 3/17/2023 Meritage Homes AP 174.70
238081 3/17/2023 Home Sweet Home Property Management Co. AP 147.67 238082 3/17/2023 Century Communities AP 188.91
238083 3/17/2023 Nicole Merrit Sharp AP 46.89
238084 3/17/2023 Maria Azevedo AP 87.31
238085 3/17/2023 Meritage Homes AP 172.33
238086 3/17/2023 Meritage Homes AP 172.33
238087 3/17/2023 J & D Apartments LLC AP 158.48
238088 3/17/2023 Century Communities AP 188.12
238089 3/17/2023 MHP Builders Inc AP 183.40
238090 3/17/2023 Joe Bassi AP 29.91
238091 3/17/2023 VCA Animal Hospitals, Inc. AP 1,102.14 238092 3/17/2023 Law Offices of William A Vaughn AP 11,880.25 238093 3/17/2023 Law Offices of William A Vaughn AP Void 171,850.32 238094 3/17/2023 Westamerica Bank
- Cafeteria Plan AP 80,537.36
238095 3/17/2023 Westside Water Conditioning AP 76.40
238096 3/17/2023 West Publishing Corporation AP 444.62
238097 3/17/2023 Windecker Inc AP 624.11
238098 3/20/2023 Aflac-Customer Service AP 270.18
238099 3/20/2023 AFSCME District Council 57 AP 1,490.81 238100 3/20/2023 Empower Annuity Ins. Co of America AP 1,193.81 238101 3/20/2023 Empower Annuity Ins. Co of America AP 1,990.00 238102 3/20/2023 Los Banos Fitness & AP 320.00
238103 3/20/2023 Los Banos Police Assn AP 280.00
238104 3/20/2023 Los Banos Police Assn AP 840.00
10 238105 3/20/2023 Mission Square AP 7,575.00
238106 3/20/2023 Mission Square AP 441.65
238107 3/20/2023 Nationwide Retirement Solutions AP 4,515.00 238108 3/20/2023 Professional Fire Fighter of Los Banos Local 4703 AP 900.00 238109 3/20/2023 State Disbursement Unit AP 937.50
238110 3/24/2023 AAA Business Supplies AP 133.21
238111 3/24/2023 All American Plumbing AP 219.00
238II2 3/24/2023 Gregory Almeida AP 56.01
238113 3/24/2023 Aramark Uniform Ser Inc AP 365.66
238114 3/24/2023 BJ's Consumers Choice Pest Control Inc. AP 125.00 238115 3/24/2023 Bruce's Tire Inc AP 1,219.01
238116 3/24/2023 BSK Associates AP 1,110.00
238117 3/24/2023 Capital One AP 1,159.49
238118 3/24/2023 Cascade Fire Equipment Company AP 400.43 238119 3/24/2023 Central Valley Cardiovascular Group Inc. AP 200.00 238120 3/24/2023 Certified Laboratories AP 570.15
238121 3/24/2023 Manuel A Avila AP 689.35
238122 3/24/2023 Central Sanitary Supply, LLC AP 76.01
238123 3/24/2023 Comcast AP 118.16
238124 3/24/2023 Copy Shipping Solutions AP 32.00
238125 3/24/2023 CSG Consultants Inc. AP 632.50
238126 3/24/2023 Dos Palos Publishing Company AP 670.00 238127 3/24/2023 Edges Electrical Group, LLC AP 502.23
238128 3/24/2023 Electric Drives Inc AP 335.75
238129 3/24/2023 Farmer Brothers Coffee AP 176.97
238130 3/24/2023 Galvin Preservation Associates, Inc. AP 12,335.89 238131 3/24/2023 Government Revenue Solutions Holdings I, LLC AP 1,805.25 238132 3/24/2023 Gouveia Engineering Inc. AP 34
,940.31
238133 3/24/2023 Halcyon Creek Inc. AP 24,641.61
238134 3/24/2023 Henley Pacific, LLC AP 196.95
238135 3/24/2023 Valie Hernandez AP 600.00
238136 3/24/2023 InfoSend Inc. AP 10,546.18
238137 3/24/2023 Donna Koblis AP 25,000.00
238138 3/24/2023 Laboratory Corporation of America Holdings AP 434.70 238139 3/24/2023 Michael Lewallen AP 2,194.00
238140 3/24/2023 Liebert Cassidy Whitmore AP 319.50
238141 3/24/2023 Los Banos Volunteer AP 40.72
238142 3/24/2023 Madera Carports, Inc. AP 4,621.88
238143 3/24/2023 Mark Thomas & Company. Inc. AP 259.03
238144 3/24/2023 Marfab Inc AP 483.74
238145 3/24/2023 Martin Marietta Materials, Inc. AP 751.11 238146 3/24/2023 Merced County Spring Fair AP 50.00
238147 3/24/2023 Merced County Human Services Agency AP 200,000.00 238148 3/24/2023 Merced Truck & Trailer Inc AP 8,534.35 238149 3/24/2023 Madera Uniform & Accessories AP 2,726.26 238150 3/24/2023 Napa Auto Parts of Los Banos AP 141.46 238151 3/24/2023 North Central Laboratories AP 311.61
238152 3/24/2023 Gerald "Obie" O'Brien AP 77.14
238153 3/24/2023 The Office City AP 154.55
238154 3/24/2023 OSE AP 186.63
238155 3/24/2023 O'Reilly Auto Parts AP 1,417.23
238156 3/24/2023 Outfront Media Inc. AP 6,000.00
238157 3/24/2023 Provost and Pritchard Engineering, Inc. AP 4,419.30 238158 3/24/2023 Provost and Pritchard Engineering, Inc. AP 171,850.32 11 238159 3/24/2023 RAT Incorporated AP 265.00
238160 3/24/2023 Razzari Dodge Chrysler Jeep AP 43.73
238161 3/24/2023 SNAPCD AP 1,541.46
238162 3/24/2023 Safe T Lite of Modesto, Inc. AP 475.52 238163 3/24/2023 Sample Traps LLC AP 380.00
238164 3/24/2023 Save Mart Supermarkets AP 202.20
238165 3/24/2023 Sherwin Williams Co AP 703.23
238166 3/24/2023 Rosemarie Souto AP 28.75
238167 3/24/2023 Sorensens True Value AP 945.49
238168 3/24/2023 Terryberry Company LLC AP 283.70
238169 3/24/2023 The Heil CO AP 220.00
238170 3/24/2023 Triangle Rock Products AP 143.87
238171 3/24/2023 United States Treasury AP 3,260.12
238172 3/24/2023 US Fueling Solutions AP 2,561.97
238173 3/24/2023 Nayely Jimenez AP 68.54
238174 3/24/2023 Alta Real Estate Services, Inc. AP 167.29 238175 3/24/2023 Meritage Homes AP 168.37
238176 3/24/2023 Meritage Homes AP 168.37
238177 3/24/2023 Helen Barcellos AP 65.89
238178 3/24/2023 Rigoberto Rocha AP 65.89
238179 3/24/2023 Inna Montoya AP 65.89
238180 3/24/2023 Shanin Sloan AP 118.22
238181 3/24/2023 Alta Real Estate Services, Inc. AP 108.42 238182 3/24/2023 Lisa Solis AP 29.01
238183 3/24/2023 Law Offices of William A Vaughn AP 12,600.00 238184 3/24/2023 Verizon Wireless AP 983.53
238185 3/24/2023 Windecker Inc AP 355.54
238186 3/28/2023 FRTO AP 24,000.00
Break in check sequence due to the following: Total Void Check Count:

Check #238007 - #238013 (Payroll) Total Void Check Amount: 171 ,850.32 Total Valid Check Count: 285
Total Valid Check Amount: 1,494,979.85
Total Check Count: 286
Total Check Amount: 1,666,830.17
12 TO:

FROM:

DATE:

LC>s Banos
Agenda Staff Report
Mayor and City Council Members
Justin Melden, Commander
March 28, 2023
SUBJECT: Authority to Execute Purchase Order for License Plate Reader TYPE OF REPORT: Consent Agenda
Recommendation:

That the City Council authorize the City Manager to approve a purchase order with LEHR to purchase Automated License Plate Reader (ALPR) cameras and software for use in the City of Los Banos.

Background:

At the June 2, 2021 City Council meeting, a public hearing was held to obtain public comment on the use of an Automated License Plate Reader Program (ALPR), and no public comments were received. In 2021 the Department successfully had a ALPR Installed on a intersection which has resulted in multiple crime related vehicles being recovered along with several criminal cases being filed with the Merced County District Attorney's Office.

Since the initial deployment of this technology we have leveraged the information to locate and arrest at least 4 people in stolen vehicles, we used the information to located a homicide suspect from a neighboring jurisdiction (that Individual was located and arrested in Los Banos). Officers have located and arrested a person wanted for attempted murder from one of our cases and we have used the information to locate and arrest a person wanted for attempted murder from another jurisdiction who was hiding in Los Banos. 13 ITEM 7B
In the short time we have had this technology deployed in our city it has proven to be a force multiplier for our agency.

Discussion:

The Police Department has been working to enhance the ALPR program to further bolster our investigative systems. LEHR is our current vendor who installs Vigilant Solutions and we believe they will provide the interoperability needed to share information with countless agencies who are currently using the same solution. This solution will allow our staff access to ALPR data collected in other jurisdictions, through the same software system. This solution will effectively allow the Department to maximize our dollars and force multiply our solution.

The City Managers Office has approved the sole source process, because the total project cost exceeds the City Manager's spending limit, the City Council is required to approve the expenditure.

Our research has shown that the ALPR solution from Vigilant Solutions Incorporated is widely used by other law enforcement agencies and provides a reliable platform for law enforcement staff. The ALPR cameras through vigilant have a one-year warranty, with an option to extend the camera warranty for a fee, but the failure rate per camera is approximately 2%.

In addition, the Vigilant Solutions ALPR system is sold by Lehr Auto and Electric, a company the Department has worked with in the past. Lehr Auto and Electric has proven to be responsive and we do not anticipate any concerns working with this company to deploy this solution.

The Los Banos Police Department will follow all federal, state, and local laws associated with the ALPR program and all cameras in the program will be mounted to record license plates on vehicles driving on public roadways. The Department believes that investing in this technology will further enhance public safety and allow investigators additional tools to solve crimes locally.

The expansion of the existing ALPR platform through the allocation of the budgeted funds will provide 6 additional cameras at three locations. The Department has identified the locations as: 1) The north end of the city on Mercy Springs. 2) The west end of the city on Pacheco. 3) The east end of the city on Pacheco.

The Department has received a price quote from LEHR Auto Electric to equip the ALPR systems at three separate locations, totaling $54,870.56.

This selection has been reviewed and approved by the City Attorney's Office.

Fiscal Impact:

Specialized Equipment: 100-421-290-753
14 Funding for this project has already been approved and adopted by the City Council for this current fiscal year (FY-2022-20223). There are on-going annual software fees of ri.::i~_ximately $545.00 ~7 will be absorbed by the department's maintenance Attachments:
-Proposed Resolution
-Sole Source Approval Letter
-LEHR Quotation # 40061
15 THIS PAGE IS INTENTIONALLY LEFT BLANK
16 RESOLUTION NO.

A RESOLUTION OF THE CITY OF LOS BANOS

AUTHORIZING THE CITY MANAGER TO APROVE A

PURCHASE ORDER WITH LEHR AUTO FOR

AUTOMATED LICENSE PLATE READER (ALPR)
CAMERAS AND SOFTWARE.

WHEREAS, the Los Banos Police Department wishes to Enhance their existing Automated License Plate Reader program; and
WHEREAS, the Los Banos Police Department has identified Vigilant Solutions (Sold By LEHR) as a responsible vendor, capable of delivering a reliable ALPR system, which will provide for interoperability with other agencies using this system; and WHEREAS, the Los Banos Police Department wishes to proceed with an expansion project to enhance existing ALPR technology, to purchase additional ALPR components and services.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos authorizes the City Manager To approve a purchase order with LEHR Auto to purchase Vigilant Solutions Automated License Plate Readers cameras and software.

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 April 2023, by; AYES:

NOES:

ABSENT:

APPROVED:

Paul Llanez, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
17 THIS PAGE IS INTENTIONALLY LEFT BLANK
18 ..... ~,
,··r_r.--)
r~.d ~
GaryBrizzee
Chief of Poilce
TO:

FROM:

DATE:

SUBJECT:

LOS BANOS POLICE DEPARTME
945 5l'H Street Los Banos, CA 93635 • Telephone (209)827-7070 • Fax (209)827-7085 Josh Pinheiro, City Manager
Justin Melden. Commander
March 15, 2023
Request for Purchase & Expand Existing Technology- LBMC Section 3-10.230 T
Hello Josh, as you are aware, the City of Los Banos adopted the 22/23 Fiscal Year Budget to include funding for the purchase and installation of an Automated License Plate Reader (A.L.P.R.) solution. I have been working with our current vendor (LEHR) on the A.L.P.R. expansion project. We currently have one intersection monitored by the Vigilant A.L.P.R system. This proposal will allow us to expand the project to capture three additional locations. The proposed locations are Mercy Springs (North and South) North of Regency. SIR 152 at Ward (East and West) and SIR 152 near Black Bear Diner (East and West).

During our research in 2021, we selected Vigilant Solutions, as our responsible vendor and we believe their solution has meet our needs. Adding an A.L.P.R. solution from Vigilant has allowed for the seamless transition of information with agencies leveraging this technology around the region. This system allows all of us to use the same web-based systems to access our data. The police department currently uses this technology, and currently work with these vendors which has proven to lead to a successful deployment and practical application of this technology.

Lehr Auto Electric is the vendor who provides the Vigilant Solutions System to our city. In order to continue to move the project forward, I will be requesting the City Council to approve a purchase order to LEHR Auto Electric and schedule an installation date. I am respectfully requesting that you authorize the Department to move forward under LBMC Section 3-10.230.

The selection and process has been reviewed and approved by the City Attorney's Office.

Request to Sole Source:

1. Section 3-10.230 (a) l - 3 of the Los Banos Municipal Code, (Competitive and non-competitive negotiations) provides that the City may utilize one specific company to maintain or repair existing equipment.
a) Applicability. A purchase may be had by negotiations when the purchase is for:
(1) A technology product as defined in Section 3-10.020; (2) An addition to, repair to, or, maintenance of existing equipment which can be more efficiently added to, repaired or maintained by a particular company or manufacture;
Pride in Service, lntegri1;y in Action
19 (3) Equipment which must be compatible with existing equipment, by reason of the training of the personnel or, an inventory of existing replacement parts kept by the City.

Section 3-10.230 (c) of the Los Banos Municipal Code (Noncompetitive negotiations) states:
(c) Noncompetitive negotiations. When there is only one source, purchase can be made through solicitation and negotiation directly with that source. The affected department head shall state in writing that basis for the determination that this subsection applies, and before any purchase is made, that determination must be approved in writing by the Ci'ty Manager. (§ 1, Ord. 1068, eff. February 1, 2008)

2. In addition to designing the CWTent system, LEHR has been in service for a number of years and they have worked with the City on many occasions. The City feels they are a responsible and responsive vendor, and they possess the skills necessary to take on this upgrade. With this upgrade we will be installing 6 additional cameras in three locations.

Respectfully,
~ Commander
Attachments:
-Vigilant Solutions Quotation (through LEHR)# 40061
-Los Banos Municipal Code Section 3-10.230
Josh/inheirr Date' 7 Approved: No
V
20 3/13/23, 11: 11 AM Sec. 3-10.230 Competitive and non-competitive negotiations. (2) Receipt of proposals. Sealed proposals must be submitted by the date and time specified on the notice inviting proposals and shall be identified by the Request for Proposal number.
(3) Negotiation. The most qualified and responsive proposer will be selected for contract negotiations. If agreement·~llflot btf.reached with the first proposer, the second choice proposer (and then the third and so on) will be contacted with the first choice proposer (or other proposers, in order) dismissed from further consideration on that particular project. All elements of the negotiation process shall be documented by the negotiating department and submitted to the City Manger. Responsible proposers shall be accorded fair and equal treatment with respect to opportunity for discussion and revision of proposals. Any revisions are permitted after submissipn in writing and prior to the award of a contract.
(4) Award and notification. A contract award in accordance with Artide II of this chapter may be made to the responsible proposer whose proposal will be best for the City considering evaluation factors outlined in Section 3-10.240 of this chapter. All proposers participating in the process shall be notified in writing of the successful award. (c) Noncompetitive negotiations. When there is only one source, purchase can be made through solicitation and negotiation directly with that source. The affected department head shall state in writing that basis for the determination that this subsection applies, and before any purchase is made, that determination must be approved in writing by the City Manager. (§ 1, Ord. 1068, eff. February 1, 2008) Contact:

City Cleric 209-827-7000 ext. 124
Published by Quality Code Publishing, Seattle, WA. By using this site, you agree to the terms of use. https:1/library.qcode.us/lib/los_banos_ ca/pub/municipal_code/item/title _3-chapter _ 10-article_iii-sec_ 3_ 1 0 _230 2/2 21 3113/23, 11 :12 AM
·:~Los Banos, California Municipat Code
-, Title 3 FINANCE
Chapter 10 PURCHASING SYSTEM
Article I. General
Sec. 3-10.020 Definitions.

Sec. 3- 10.020 Definitions.

For the purposes of this chapter, the following definitions shall apply:
•.,;
(a) "Change order" shall mean change, or modification, or addendum to a contract after it has been executed. (b) "City employee• shall mean an individual who performs services for the City In the capacity of an elected or appointed official, or as a compensated employee of the City or of a temporary services agency retained by the City. "City employee" does not include independent contractors.
(c) "Commodities" shall mean any tangible goods or Items such as supplies, parts and materials. Generally, they are consumable in City operations, become part or a component of City equipment or City facilities and/or have a useful life of one year or less. (d) "Contract• shall mean any agreement to do or not do a certain thing. "Contract" and "agreement'' are synonymous. The term "contract" indudes, among other things, a purchase order, a contract for services, and an addendum or change order. (e) "Emergency" shall mean and includes,
(1) The existence or threatened existence of conditions of extreme peril to the safety of persons and property within the City caused by fire, flood, storm, epidemic, riot, earthquake, drought, energy shortage, or other causes, the existence or threatened existence of which has been proclaimed by the City Council or the Director of Emergency Services; (2) The existence of an immediate need to prepare for national or local defense; https://library.qcode.us/lib/los_banos _ ca/pub/municipal_code/item/tltle_3-chaptar _ 10-article_i-sec _3_ 1 o_ 020 1/4 22 3/13/23, 11 :12 AM Sec. 3-10.020 Definitions.
(3} The existence of a breakdown in machinery, equipment or essential governmental services which requires the immediate purchase of rnate; 1a(s~ supplies or equipment to protect the public health, safety or general welfare of thi° residents of the City; or '
(4) Where an essential governmental operation affecting the public health, safety or general welfare could be greatly hamp&19<ti,r disrupted by following the standard purchasing procedures. (f) "Equipmenr shall mean tangible personal property with a useful life of more than one year. It may be mobile, portable or fixed; and is an independent functioning unit, as opposed to parts which are components. It would include office equipment, furniture, field equipment, shop, lab, and plant equipment, vehicles and rolling stock. '--'. -(g) "Financial interesr shall mean and includes,
{ 1) Ownership of any interest or involvement in any relationship from which, or as a result of which, a person has received compensation within the past year, or is entitled to, or is currently receiving compensation; (2) Ownership, whether wholly or in part, of any property or business; or (3) Status as a~ officer, director, trustee, partner, employee, or manager of a business. (h) uGeneral services" shall mean and includes,
(1) Any work performed or services rendered by an independent contractor, with or without the furnishing of materftils, Including, but not limited to, the following:
(A) Maintenance or nonstructural repair of City buildings, structures or improvements which does not require engineering plans, specifications or design, including, but not limited to, unscheduled replacement of broken window panes, fire extinguisher maintenance, minor roof repairs, plumbing, electrical, mechanical, elevator maintenance, custodial services, and pest control; (B) Installation, repair, modifications, and maintenance of City equipment; (C) Cleaning, analysis, testing, moving, removal or disposal (other than by sale) of City supplies, equipment, and waste products; (D) Providing other technical services to facilitate City operations such as communications, transportation, utilities; (E) Performing repair, demolition or other work required to abate nuisances under this Code. https://library.qcode.us/libnos _banos_ ca/pub/municipal_ code/item/tide_ 3-chapter_ 10-article_i-sec_ 3_ 10 _ 020 2/4 23 3/13/23, 11 :12AM Sec. 3-10.020 Definitions.
(2) Leasing or rental of equipment (personal property) for use by the City . . . (3) A maintenance agreement for equipment owned or leased by the City. General services does not includ13 work defined as a public project under the Pt1btie·Contract Code or services that are considered consultants or professional services. ~ -~--. (i) "Gratuity" shall mean a gift, payment, loan, advance, deposit of money, or service, presented or promised in return for or in anticipation of favorable consideration in the procurement process. "Gratuity• does not include the compensation paid by or due from the City or from a temporary service agency under contract with the City to an employee in connection with the employee's services for the City. (j) "Immediate family" shall mean any spouse, child, stepchild, parent or stepparent of a City employee. The relationship of parent to child includes both natural and adoptive relationships. {k) "Local businessu shall mean a person or legal entity which has a place of business (other than a post office box) within the City and has a valid, current business license issued by the City. (I) "Professional services" shall mean services which involve the exercise of professional discretion and independent judgment based on an advanced or specialized knowledge, expertise or training gained by formal studies or experience. Such services include, but are not limited to, those provided by appraisers, architects, attorneys, auditors, engineers, financial advisors, instructors, insurance advisors, physicians, planning, environmental and traffic consultants, and other specialized consultants. (m) "Recycled products" shall mean products manufactured with waste material that have been recovered or diverted from the wast~ stream. Recycled material may be derived from p6st-consumer recovered material (material that has served Its intended end use and been discarded by a final consumer), pre-consumer recovered material (material that has not reached the end use consumer but would otherwise be discarded) industrial scrap, manufacturing waste and/or other waste that otherwise would not have been utilized. n) "Sole source" shall mean contracts for which the City's Purchasing Officer has determined, after conducting a good faith review of available products and sources, that the City's requirements can be met solely by a single patented, copyrighted or proprietary article or process available from a single source. Examples of acceptable sole source purchases are equipment for which there is no comparable competitive product, a component or replacement part for which there is no commercially available substitute and which can be obtained only from the manufacturer, and an item where compatibility with items in use by the City is the overriding consideration. (o) "Specifications" shall mean a description of the physical or functional characteristics or of the nature of the required goods and/or services. .,._
https://library.qcode.us/lib/los_banos_ ca/pub/municipal_code/item/title_3--chapter _ 10-article _i-sec_3_ 10_020 •
3/4
24 3/13/23, 11:12AM Sec. 3-10.020 Definition,;.
(p) "Surplus personal property" shall mean goods owned by the City which are no longer needed or which are obsolete or unserviceable or, property that is a by-product (scrap metal, "used ti*res and oil, etc.). y preduct" shall mean hardware, software:,· or·communications equipment, or related equipment and goods which incorporate any such items.(§ 1, Ord. 1068, eff. February 1, 2008) Contact:

City Cleric 209-827-7000 ext. 124
Published by Quality Code Publishing, Seattle, WA. By using this site, you agree to the terms of use . ..
https:/llibrary.qcode.us/lib/los_banos_ca/pub/municipal_ code/item/title_3-chapter _ 1 O-article_i-6ec_ 3_ 10_020 4/4 25 3/13123, 11:11 AM Sec. 3-10.230 Competitive and non-competitive negotiations.

L0s Banos, California Municipal Code
Title 3 FINANCE
Chapter 10 PURCHASING SYSTEM
Article Ill. Methods of Procurement-Commodities, Equipment and General Seivices 3-10.230 Competitive and non-competitive negotiations.
(a) Applicability. A purchase may be had by negotiations when the purchase is for:
(1 J\ technology product as defined in Section 3-10.020; ..
..
(2) An addition to, repair to, or, maintenance of existing·equipment which can be more efficiently added to, repaired or maintained by a particular company or manufacture;
(3) Equipment which must be compatible with existing equipment, by reason of the training of the personnel or, an inventory of existing replacement parts kept by the City. •
The affected Department Head shall state in writing the basis for determination that this section applies. Before any negotiations take place, that determination and the method of negotiation (competitive or noncompetitive) must be first approved by the City Manager when the purchase is Five Thousand and No/10oths ($5,000.00) Dollars or more. {b) Competitive negotiation.
(1) Request for Proposals. Proposals are requested from a minimum of three (3) vendors. The notice inviting proposals shall be published at least ten (10) days before the date of the opening of the bids if the value of the product is expected to reach more than Thirty Thousand and No/1 00ths ($30,000.00) Dollars. Notice shall be published at least once in a newspaper of general circulation. The request for proposals must identify all of the significant evaluation factors, including cost and their relative importance. https:/lllbrary,qcode.us/lib/los_banos_ca/pub/mun!cipal_codelitem/title _ 3-chapter_ 10--arlicle _iii-sec_ 3 _ 1 0 _230 1/2 26 631 North Market Blvd, Suite N Sacramento, CA 95834
Phone: 916-407-1888 Fax: 916-646-6656
Sell
To:

Ship Via
City of Los Sanos
Justin Melden
520 J Street
Los Banos, CA 93635
Phone: (209)827-2509
Tax ldent. Type
Vehicle tnfonnation:

Legal Entity
Quote Number.

Document Date:

Terms:

Payment Method:

Ship City of Los Banos
To; Justin Melden
520J Street
Los Banos, CA 93635
Phone:

Customer ID
Sales Person
Campaign No.

PRICES ARE VALID FOR 30 DAYS FROM DATE OF QUOTE UNLESS OTHERWISE SPECIFIED Manufacturer
Sales Quote
Page:
40061
3/8/2023
Net 30
51328
Steve Adair
Item No. Description Name Quantity Unit Price Total Price VS-ILPF--0100 ILP AXED 3C Include 6 fiKed cameras Vigilant Solutions BCAV1F2-C600 Vigllant F"ixed Camera Communications Box Vigilant Solutions CDFS-1HWW 1 YR ADD WARRANTY through year 3 Vigilant Solutions VS-FX-DUAL-8RKT-AS FIXED DUAL BKT Vigilant Solutions
SSUPSVS-COM STARTUP COM Vigilent Solutions
T-1 Technical Field Labor Vigilant Solutions
F Shipping Charges Service Items
Agency Approval I
I ~~~~~~~
Name: 47435.00
Amount Exempt from Sales Tax
Auth. Signature: 3 285 oo ~------------------~ ' .
2 15,625.00
3 2,895.00
12 525.00·
3 400.00·
3 800.00
675.00
210.00
Subtotal:

Total Sales Tax:

Total:
31,250.00
8,685.00
6,300.00
1,200.00
2,400.00
675.00
210.00
50,720.00
4150.56
54,870.S6
PLEASE READ: No returns without approval and an RMA# will be accepted.1AII shortages, damage, or return claims must be made within 1 O days of invoice date. NO EXCEPTIONS. A copy of the Invoice and RMA paperwork must be shipped with returns. All return orders or cancellations are subject to/! 25% restocking fee plus freight. Any change orders made 60 days prjor to the installation date may be subject to a production delay and pricing changes. PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE. 27 THIS PAGE IS INTENTIONALLY LEFT BLANK
28 Quote For:

Los Banos Police Department
Reference:

Fixed Cameras
Quot e By:

Lehr
Steve Adair
Date: 01-24-23

V/ V IGJ I ANT

SOLUTI O NS
Be Smart. Be Safe. Be Vigilant.
29 JVtG II ANT .... SOLUTIONS
Vigilant Solutions is about protecting officers, families and communities. Vigilant is about saving lives - creating innovative and essential intelligence solutions for law enforcement that enhance policing efforts. Intelligence can solve crimes, prevent crimes before they occur, and improve safety for officers and the public that they serve and protect. Vlgilant's solutions are designed to collect, organize and share data to credentialed law enforcement personnel, making intelligence actionable and readily accessible.

WHAT WEDO:

REDUCE
CRIME RATE$
OUR PRODUCTS:

OFFICER
SAFETY

INCREASE

EFFICIENCY &

PRODUCTIVITY
License Plate Recognition (LPR) Data and Analytics
Fixed and Mobile LPR Cameras
Body Worn Cameras
Facial Recognition
campus Safety Solutions
Parking Enforcement Solutions
Corporate Security Solutions
BE SAFE. BE SMART, BE VIGILANT,
VICILANTSOLUTIONS.COM · 925-398-2079
l>aP-P. 1 nf 11
REVl!NUE

DISCOVERY/

RECOVERY
30 I T
Issued To:

I
Lehr
4707 Northgate Blvd.

Sacramento, Callfomla 95834
(P) 918-267-5547
Los Banos Police Department - Attn: Commander Melden

VIGILANT

S O L UTIDNS
Date: 01-24-23
Project Name: Fixed Cameras Quote ID: ST A-0965-01

PROJECT QUOTATION
We at Lehr are pleased to quote the following systems for the above referenced project:

Qty Item# Description
(2) VS-ILP-1 F2RE lntelllgence Led Policing Package w/ (3) Fixed LPR Cameras (Reaper) - Up to 100 $15,825.00 Each Sworn
• Stationary Mount LPR Cameras - Quantity = 3 'Reaper' LPR Cameras 0 Power over Ethernet (POE) LPR cameras w/ Integrated processors 0 Lens configuration lo be confirmed by customer at time of order • CarDetector Fixed LPR Software for LPR server
• LEARN Software as a Service (SaaS) Including:
0 LEARN Data Analytic Tools
0 Unlimited Commercial LPR data Access
0 Hosting, data and system management of LPR data
0 LEARN-MobRe Companion SmartPhone application (Android & iPhone} • First year Standard Service Package for hosted LPR server access • FaceSearch Hosted Facial Recognition
0 Image gallery of up lo 5,000 images
Subtotal Price I $31,250.00
Qty Hem## Description
(3} BCAV1 F2-C600-W Vigilant Fixed Camera Communications Box - Windows $2,895.00 Each
• Manages power and communications for up to four (4) Vigilant fixed LPR cameras • Includes modem for communication with cellular carriers 0 SIM Card not included
• Windows Build
Subtotal Price I $8,685.00
Qty Item# Oasc:rlptlon
(6) COFS-3HWW Fixed Camera LPR System - Extended Hardware Warranty - Year 2 through 4 $1,575.00 Each • Fixed LPR System LPR hardware component replacement wananty • Applies to 1-Channel hardware system kit
• Valid for 3 years from standard warranty expiration
Subtotal Price I $9,450.00
Psi1tfl ?. nf 11
31 Qty Item# Description
(3) VS-FX-DUAL-BRKT- Dual Fixed Camera Wall Mount Bracket ASSY
• Wall Mount for (2) Fixed Cameras
$400.00 Each Dual Fixed Camera Wall Mount Bracket •
Subtotal Price I $1,200.00
Qty Item# Description
(6) SSUPSYS-COM Vigilant System Start Up & Commissioning of 'In Field' LPR system $800.00 Each
• Vigilant technician to visit customer site
• Includes system start up, configuration and commissioning of LPR system • Includes CDM/CDF Training
• Applies to mobile (1 System} and fixed (1 Camera) LPR systems Subtotal Price I $4,800.00
Qty Item# Description
(1} VSPTRVL-01 Vlgllant Certified Partner Travel via Client Site Visit $675.00 Each
• Vigilant certified technician to visit client site
• Includes all travel costs for onsite support services Subtotal Price l $675.00
Qty Item# Description
(3) VS-SHP-03 Vigilant Shipping Charges - Server
$70.00 Each
• Applies to each LPR hardware server
• Shipping Method is FOB Shipping
Subtotal Price I $210.00
Qty Item# Description
(1) TaxS.75 Tax Based on $41,135.00 Taxable hardware
$3,599.31 Each
Subtotal Price I $3,599.31
Quote Notes:

1. All prices are quoted in USD and will remain firm and in effect for 60 days.

2. Returns or exchanges will incur a 15% restocking fee.

3. Orders requiring immediate shipment may be subject to a 15% QulckShlp fee.

4. Start Up and Training services are exclusive of travel costs - Cost to be borne BY OTHERS.

5. Central compute resource hardware sold separately unless explicitly stated above.

6. All hardware components to have standard One (1} year hardware warranty. 32 7. All software to have standard one (1) year warranty for manufacturer defects.

8. Motorola's Master Customer Agreement and all applicable addenda, avallable at https://www.motorolasolutions.com/en_us/about/legal.html shall govern the products and services, and is Incorporated herein by this reference.

Quoted by: Steve Adair- 916-267-5547 - [email protected] I Total Price
P:ir>P. 4 of 11
$59,869.31
33 THIS PAGE IS INTENTIONALLY LEFT BLANK
34 LOsBanos
At he Crossroads of C,il~fontia
Agenda Staff Report
TO: Mayor Llanez and City Council Member~
FROM:

DATE:

Stacy Souza Elms, Commu'nity and Economic Development Director April 5, 2023
TYPE OF REPORT: Public Hearing
SUBJECT: Consideration of Conditional Use Permit #2023-01 to allow the use of a Type 47 on-sale of general alcohol license in conjunction with a bona-fide 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 #2023- 01 to allow the sale of alcohol under a Type 47 alcohol license for The Roundup Sports Bar located at 830 I Street.

Background:

On October 5, 2022, the Los Banos City Council considered a recommendation from the Planning Commission and approved 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 place for the Roundup Sports Bar. The applicant is now requesting an intensification of their license to a Type 4 7 for the on-sale of general alcohol. This change and intensification in use requires a new Conditional Use Permit subject to the recommendation of the Planning Commission and approval by the City Council.

On February 8, 2023, the Los Banos Planning Commission held a public hearing to review Conditional Use Permit #2023-01 for the use of a Type 47 alcohol license for the on-sale of general alcohol in conjunction with an eating establishment. At the public hearing, the 1 35
ITEM 8A
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 #2023-01 to the Los Banos City Council.

Discussion:

The applicant, Santa Martinez Ortiz dba The Roundup Sports Bar, is requesting to intensify her current Type 41 Alcohol License to a Type 4 7 Alcohol License for the onsale of general alcohol. The Roundup Sports Bar is located at 830 I St. The business operates 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. 2 36
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
ENVIRONMENTAL ASSESSMENT:

Zone
H-C
H-C
H-C
H-C
H-C
C = Commercial
General Plan
C
C
C
C
C
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;
3 37

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.

Staff has evaluated the proposal pursuant to the above criteria set forth in the Municipal Code and offers the following observations:

1. T.he 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 considering 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 ensure 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 4 38
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.

Alcoholic Beverage Control
The Alcoholic Beverage Control Board (ABC) is the issuing authority for a Type 47 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 thirteen (13) 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 Pupas Loca y Antojitos Mexicanos Restaurant located at 651 I St., is approximately 898 feet away. The approval of the requested Conditional Use Permit will not increase the active on-sale ABC licenses if approved as there is an existing ABC License for The Roundup Sports Bar, and if approved the Type 41 license would be replaced by the Type 4 7 license.
5 39
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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 v Antoiitos Mexicanos Restaurant 651 I St. 47 Wool Growers Restaurant 609 H St.
41 Delicia 's Las Palmas Taqueria y Mariscos 502 E. Pacheco Blvd. 41 Las Delicias Restaurant 650 I St.
41 BiQQins Texas BBQ 639 Ninth St.
41 Carnitas El Baiio 455 H St.

Type 41 license= on-sale beer and wine Type 47 license= on-sale general alcohol 6 40
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, March 24, 2023. As of the date of this staff report, no comments have been received.

Reviewed by:

1. Resolution
Exhibit A
Exhibit B
Exhibit C

2. Floor Plan

3. Site Photos
lllf
CEQA Findings
Project Findings
Conditions of Approval

4. Public Hearing Notice - March 24, 2023
7 41

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42 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 #2023-0110 ALLOW

FOR THE ON-SALE OF GENERAL ALCOHOL
UNDER A TYPE 47 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 47 alcohol license for the on-sale of general alcohol 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 #2023-01 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 February 8, 2023, for the purpose of considering Conditional Use Permit #2023-01 and at the completion of the public hearing, duly considered the evidence presented and recommended approval of Conditional Use Permit #2023-01 to the Los Banos City Council; and
WHEREAS, a public hearing notice was published on March 24, 2024, 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, April 5, 2023, 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 43
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 #2023-01 to allow the on-sale of general alcohol in conjunction with a bona-fide public eating place, Type 4 7, 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 April 2023, 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:

Paul Llanez, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
2 44

EXHIBIT A

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS FOR CONDITIONAL USE PERMIT #2023-01 - 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 #2023-01 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 #2023-01 was adequately noticed on Friday, March 24, 2023, for consideration at a public meeting on Wednesday, April 5, 2023.

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.
3 45

EXHIBIT B
FINDINGS FOR APPROVAL FOR CONDITIONAL USE PERMIT #2023-01 - 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 GOAL ED-2:

Seek and promote particular businesses or development projects that provide needed local goods, services, employment, or those that enhance the city's physical and social well being and quality of life.

LAND USE GOAL LU-5:

Provide residents with excellent employment and shopping opportunities.

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 commercial in nature. A restaurant providing for the on-sale of beer and wine is permitted in this location.
4 46

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

Evidence/Analysis: The primary use in conjunction with the proposed selling of general alcohol 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 thirteen (13).

This proposal will not increase the amount of active on-sale licenses as The Roundup Sports Bar presently has a Type 41 on-sale beer and wine license. The census tract area and function is primarily commercial in nature, and is entirely consistent with a restaurant and the sale of general alcohol for on-site consumption. The proposed on-sale of general alcohol 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 general alcohol 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 any significant problems in the area related to crime and loitering, 5 47
which would be negatively affected by the on-sale of general alcohol at this location.

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.

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.
6 48

EXHIBIT C
CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT #2023-01 - 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 #2023-01 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 applicant/operator shall comply with all other requirements, laws and policies of other governmental agencies in the conduct and operation of said business.

4. The applicant/operator shall obtain and maintain an active Type 47 on-sale of general alcohol 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 applicant/operator 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.
7 49

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 50

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 applicant/operator 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 applicant/operator 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 51

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54 55
56 57
58 LOsBanos
At the Crossroads of California

COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT
Date: March 24, 2023
Regarding: Notice of Public Hearing
Proposal: Conditional Use Permit #2023-01 - Type 47 Alcohol License NOTICE IS HEREBY GIVEN THAT a Public Hearing will be held by the Los Banos City Council to consider Conditional Use Permit #2023-01 and a Categorical Exemption from the California Environmental Quality Act (CEQA) pursuant to Section 15301, Existing Facilities, to allow the use of a Type 4 7 Alcohol License for the on-sale of General Alcohol 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, February 8, 2023, 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 #2023-01 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, April 5, 2023 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
59 THIS PAGE IS INTENTIONALLY LEFT BLANK
60 T Cityof B L OS1 ·ano
TO:

FROM:

DATE:
l I ,' ... •. I .. . l
Agenda Staff Report
Mayor Llanez & City Council Members
William A Vaughn, City Attorney
April 5, 2023
SUBJECT: Ordinance Relating to City Manager I
TYPE OF REPORT: Regular
Recommendation:

I •
Staff recommends that the City Council consider waiving the first reading and introduce the following ordinance:

ORDINANCE NO._

AN ORDINANCE OF THE CITY OF LOS BANOS REPEALING IN PART ANO AMENDING SECTION 2-3.126 OF ARTICLE 1 CHAPTER 3 TO
TITLE 2 OF THE LOS BANOS MUNICIPAL CODE RELATING TO CITY

MANAGER
Background:

On February 15, 2023 the City Council approved the employment agreement of Josh Pinheiro as City Manager for the City of Los Banos.

Discussion:

The city manager employment agreement approved by the City Council on February 15, 2023, provides that a 5-0 vote of the City Council is required for termination of employment during the tenn of the agreement. This provision is in conflict with the Los Banos Municipal Code which provides that:
61 ITEM 9
Sec 2-3.126(a). The removal or temporary suspension of the City Manager shall be only upon an affirmative vote of three (3) or more members of the City Council in a regular or special City Council meeting, at the sole discretion of the City Council, with or without cause and without right of appeal
In order to resolve the conflict between the employment Agreement and the Municipal Code staff is recommending that the language in Sec 2.3.126(a) be repealed and that going forward the employment agreement shall control.

Fiscal
None.

Conclusion
Staff will be available to answer any questions.

Reviewed by:

Interim Finance
~ Director
Attachments:

Proposed Ordinance
Municipal Code - Redline
62 ORDINANCE NO.

AN ORDINANCE OF THE CITY OF LOS BANOS REPEALING IN PART AND AMENDING SECTION 2-3.126 OF ARTICLE 1 CHAPTER 3 TO
TITLE 2 OF THE LOS BANOS MUNICIPAL CODE RELATING TO

CITY MANAGER

THE CITY COUNCIL OF THE CITY OF LOS BANOS DOES ORDAIN AS FOLLOWS:

Section 1. Section 2-3.126 (a) of the Los Banos Municipal Code is hereby repealed.

Section 2. Section 2-3.126 of the Los Banos Municipal Code is hereby amended to read as follows:

Sec.2-3.126 Removal: Suspension.

The removal or temporary suspension of the City Manager shall be subject to all applicable laws and ordinances and applicable provisions of the City Manager Employment Agreement.

Section 3. To the extent that the terms and provisions of this Ordinance may he inconsistent or in conflict with the terms or conditions of any prior City ordinance, motion, resolution, rule or regulation governing the same subject, the terms of this Ordinance shall prevail with respect to the subject matter thereof and such inconsistent or conflicting provisions of prior ordinances, motions, resolutions, rules or regulations are hereby repealed.

Section 4. If any section, subsection, subdivision, paragraph, sentence, clause or phrase added by this Ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses or phrases are declared unconstitutional, invalid or ineffective.

Section S. The proposed amendments to the Los Banos Municipal Code do not propose any changes to City policies or regulations that would result in a direct or indirect physical environmental impact; therefore it has been determined that this ordinance amendment is covered by the general rule that the California Environmental Quality Act applies only to projects which have the potential for causing a significant effect on the environment pursuant to CEQA guidelines section 1560l(b)(3) and is not subject to environmental review.

Section 6. This Ordinance shall go into effect and he in full force and operation thirty (30) days after its final passage and adoption. The City Clerk shall certify to the adoption of this 63 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 adoptio~ 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 ___ , 2023.

Passed on the __ day of _____ , 2023 by the following vote:

AYES: Council Members
NOES:

ABSENT:

APPROVED:

Paul Llanez, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
64 Los Banos, California Municipal Code
Title 2 ADMINISTRATION
Chapter 3 OFFICERS AND EMPLOYEES
Article 1. City Manager
Sec. 2-3.126 Removal: Suspension.
(a) The remo¥al or temporary suspension of the City Manager shall be only 1:1pon an affirmati¥e •.<ote of throe ~3) or more members of the City Council in a regular or special City Go1.-mcil meeting, at the sole discretion of the Cit)' Council, with or without oause and without right of appeal.
~ The removal or temporary suspension of the City Manager shall be subject to all applicable laws and ordinances and applicable provisions of the City Manager Employment Agreement.
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66 LOsBanos

COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT
Date: March 31, 2023
Regarding: Notice of Public Hearing
Proposal: Cottage Food Operation #2023-01 - 2280 Emory Ct. ' ' ' NOTICE IS HEREBY GIVEN THAT a Public Hearing will be held by the Los Banos Planning Commission to consider a Categorical Exemption from the California Environmental Quality Act (CEQA) Pursuant to Section 15301, Existing Facilities, and Cottage Food Operation #2023-01 for Alessandra Coninck at 2280 Emory Ct., more specifically identified as Assessor's Parcel Number: 424-200- 035.

A PUBLIC HEARING on this matter will be held at the next scheduled meeting of the Los Banos Planning Commission on Wednesday, April 12, 2023 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 67 ITEM 11
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COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT
Date: March 31 , 2023
Regarding: Notice of Public Hearing
Proposal: Mobile Food Vendor Permit #2023-03- Pedro Roma11 (dba Taqueria Don Peter)
NOTICE IS HEREBY GIVEN THAT a Public Hearing will be held by the Los Banos Planning Commission to consider a Categorical Exemption from the California Environmental Quality Act (CEQA) and a Mobile Food Vendor Permit #2023-03 to allow the operation of a mobile food vending vehicle on private property for Pedro Roman dba Taqueria Don Peter. The subject property is located within the Highway Commercial Zoning District at 1560 E. Pacheco Blvd., more specifically identified as Assessor's Parcel Number: 428-150-013.

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 R
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68 LOs Banos
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COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT
Date: March 31, 2023
Regarding: Notice of Public Hearing
Proposal: Conditional Use Permit #2023-02 - Place _of Worship NOTICE IS HEREBY GIVEN THAT a · Public Hearing will be held by the Lo~ Banos Planning Commission to consider a Categorical Exemption from the California Environmental Quality Act (CEQA) and Conditional Use Permit #2023- 02 to allow a place of worship for Everlasting Church within the General Industrial Zoning District. The subject property is located at 115 W. G St., Ste. A, more specifically identified as Assessor's Parcel Number: 081-110-037.

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. 69

Los Banos City CouncilApril 5, 2023

Los Banos City Council
April 5, 2023