LOs Banos
At the Crossroads of California
www.losbanos.org
AGEN DA
CITY COUNCIL MEETING
CITY HALL COUNCIL CHAMBERS
520 J Street
Los Banos, California
APRIL 19, 2023 - 6:00 PM
Live stream on YouTube at:
.............................................. .... httQs://www.youtube.com/@losbanos406 ................................................................. .
If you require special assistance to attend or participate in this meeting, please call the City Clerk's Office @ (209) 827-7000 at least 48 hours prior to the meeting.
The City of Los Banos complies with the Americans with Disabilities Act (ADA) of 1990. * * * * * * * ** * * * * * * *
Si requiere asistencia especial para atender o participar en esta junta por favor llame a la oficina de la Secretaria de la ciudad al (209) 827-7000 a lo menos de 48 horas previas de la junta.
La Cuidad de Los Banos cumple con la Acta de Americanos con Deshabilidad (ADA) de 1990. : ............ . ................................................................... . . . . . .......................................... .......... ....................... . ................ .......................................................................................................... = : ,',,,,_ =:~:::-:~~~r.i~iiiii~:~~~~n,:-.:;~s:.,ro;::: :i.t:;t,~rp~b:i;~~~ii:~: the meetin;-i and in the City Clerk's office located at City Hall, 520 J Street, Los Banos, California during normal business hours. In addition, such writings and documents may be posted on the City's website at www.losbanos.org.
* * * * * * * ** * * * * * * *
Cualquier escritura o los documentos proporcionaron a una mayoria def Ayuntamiento respecto a cualquier artfcu/o en este orden def dfa sera hecho disponible para la inspecci6n publica en la reunion y en la oficina de la Secretaria de la ciudad en City Hall, 520 J Street, Los Banos,
California durante horas de oficina normales. Ademas, tales escrituras y los documentos pueden ser anunciados en el website de la ciudad en www.losbanos.org. , ..... ·················································•···•·••·•····•·•····························································· ·················--·····························--····· ···············••···· ························•···························
1. CALL TO ORDER - April 19, 2023
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 19, 2023
6:00 PM
__ Douglas Begonia, Jr. - District 2
Deborah Lewis - District 4
1 4. CONSIDERATION OF APPROVAL OF AGENDA.
Recommendation: Adopt the agenda as submitted.
5. PRESENTATIONS.
A. Proclamation - Recognizing National Poppy Day.
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 #238187 - #238361 in the Amount of $2,184,153.04.
Recommendation: Approve the check register as submitted.
B. Minutes for the March 15, 2023 City Council Meeting.
Recommendation: Approve the minutes as submitted.
C. Minutes for the April 5, 2023 City Council Meeting.
Recommendation: Approve the minutes as submitted.
D. City Council Resolution No. 6623 - Amending the Fiscal Year 2022-2023 Budget by Increasing Appropriations in the General Fund Maintenance Line Item 100-452-100-720 for Expenditures in the Amount of $12,500 for the Purchase of a Replacement Air Conditioning Unit at the Miller and Lux Building.
Recommendation: Adopt the resolution as submitted.
E. City Council Resolution No. 6624 - Approving the Annual Local Transportation Fund {LTF) Claim to be Filed with the Merced County Association of Governments (MCAG) for Fiscal Year 2022-2023.
Recommendation: Adopt the resolution as submitted.
F. City Council Resolution No. 6625 - Authorizing the City Manager to Execute a Professional Service Agreement Amendment with Mark Thomas for the Downtown Master Plan/Civic Master Plan.
Recommendation: Adopt the resolution as submitted.
Los Banos City Council Agenda -April 19, 2023 Page 2 of4 2 pg. 5
pgs. 7-10
pgs. 11-14
pgs. 15-20
pgs. 21-26
pgs. 27-36
pgs. 37-48
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 an Annual Adjustment to the Los Banos Development Impact Fee Schedule Based on the Engineering News Record Construction Cost Index. 1) City Council Resolution No. 6626 - Approving an Increase in Development Impact Fees to Reflect Increases in the Engineering News Record Construction Cost Index for 2023.
Recommendation: Receive staff report, open the public hearing, receive public comment, close the public hearing, and adopt the resolution as submitted.
9. CONSIDERATION OF AUTHORIZING THE EXAMINATION OF SALES OR TRANSACTION AND USE TAX RECORDS.
A City Council Resolution No. 6627 - Authorizing Examination of Sales or Transaction and Use Tax Records.
B. City Council Resolution No. 6628 - Accepting and Approving a Consultant Services Agreement between the City of Los Banos and Muni Services, LLC.
Recommendation: Receive staff report and adopt the resolutions as submitted.
10. 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.
(Second Reading & Adoption)
Recommendation: Receive staff report, receive public comment, consider waiving the second reading, and adopting the ordinance as submitted.
11 . ADVISEMENT OF PUBLIC NOTICES. (One Report)
Recommendation: Informational item only, no action to be taken.
12. CITY MANAGER REPORT.
Recommendation: Informational item only, no action to be taken.
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.
Los Banos City Council Agenda -April 19, 2023 Page 3 of4 3 pgs. 49-60
pgs. 61-84
pgs. 85-92
pg. 93
14. 15.
CITY COUNCIL MEMBER REPORTS.
A. Kenneth Lambert - District 1
B. Douglas Begonia, Jr. - District 2
C. Brett Jones - District 3
D. Deborah Lewis - District 4
E. Paul Llanez - Mayor
ADJOURNMENT.
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. ~ Lucille L. Mallonee, -f. . ~ City Clerk Dated this 13th day of April 2023 Los Banos City Council Agenda - April 19, 2023 Page 4 of 4 4 LOsBanos
PROCLAMATION RECOGNIZING
NATIONAL POPPY DAY
WHEREAS, the American Legion Family, with the support of Congress, has designated May 29, 2023, as National Poppy Day; and WHEREAS, America is the land of freedom, preserved and protected willingly and freely by citizen soldiers; and
WHEREAS, millions who have answered the call to arms have died on the field of battle; and
WHEREAS, a nation at peace must be reminded of the price of war and the debt owed to those who have died in war; and
WHEREAS, the red poppy has been designated as a symbol of sacrifice of lives in all wars; and
WHEREAS, the American Legion Auxiliary has pledged to remind America annually of thi.s debt through the distribution of the memorial flower; NOW, THEREFORE, BE IT PROCLAIMED, that the Mayor and City Council Members of the City of Los Banos do hereby recognize May 29, 2023 as National Poppy Day and ask that all citizens pay tribute to those who have made the ultimate sacrifice in the name of freedom by wearing the Memorial Poppy on this day.
In witness whereof, I have hereunto set my
hand and caused to be affixed the seal of
the City of Los Banos, this 19th day of April
2023.
APPROVED:
Paul Llanez, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
5 ITEM 5A
THIS PAGE IS INTENTIONALLY LEFT BLANK
6 CK # 238187 - # 238361 04/19/2023 $2,184,153.04
Bank Reconciliation
Checks by Date
User: jcanchola LOs B.anos
Printed: 04/11/2023 - 10:51AM t\:· ~~"' . __ ( {_~;·~~·,_.~~··~. 1~!\1
3 (>t" :·~-~ '.J'-L·}1~ !.-.-
Cleared and Not Cleared Checks
Print Void Checks
CheckNo Check Date Name Module Void Amount
238187 3/3 ]/2023 AAA Business Supplies AP 97.13
238188 3/31/2023 Abbott & Kindermann, Inc. AP 3,048.27
238189 3/31/2023 All American Plumbing AP 5,810.03
238190 3/31/2023 Gregory Almeida AP 58.24
238191 3/31/2023 Alfredo Alvarez AP 784.25
238192 3/31/2023 Anthony Gomes AP 3,807.43
238193 3/31/2023 Aramark Uniform Ser Inc AP 1,054.66
238194 3/31/2023 AramarkUniform & Career Apparel Group, Inc. AP 300.74 238195 3/31/2023 AT&T Mobility AP 4,797.62
238196 3/31/2023 AT&T AP 586.88
238197 3/31/2023 AT&T AP 90.95
238198 3/31/2023 ADT SOLAR LLC AP 100.00
238199 3/31/2023 Dorothy June Baker AP 84.79
238200 3/31/2023 Barton Overhead Door Inc AP 806.44
238201 3/31/2023 BJ's Consumers Choice Pest Control Inc. AP Void 297.00 238202 3/31/2023 Boot Barn AP 190.00
238203 3/31/2023 Bound Tree medical LLC AP 450.14
238204 3/31/2023 Bruce's Tire Inc AP 183.81
238205 3/31/2023 BSK Associates AP 568.00
238206 3/31/2023 Bucher Municipal North America Inc. AP 2,104.04 238207 3/31/2023 Capital One AP 822.55
238208 3/31/2023 CENCAL Machine & Fabrication Inc. AP 88.44 238209 3/31/2023 Manuel A Avila AP 936.68
238210 3/31/2023 Central Sanitary Supply, LLC AP 598.23 238211 3/31/2023 CSNRMA AP 413,296.00
238212 3/31/2023 Clark Pest Control Inc AP 216.00
238213 3/31/2023 Comcast AP 296.93
238214 3/31/2023 Copy Shipping Solutions AP 719.06
238215 3/31/2023 CSG Consultants Inc. AP 13,993.75
238216 3/31/2023 City of Los Banos Utility AP 4,554.56
238217 3/31/2023 City of Los Banos ** AP 660.00
238218 3/31/2023 Custom Locksmith & Alarm Inc. AP 291.54 238219 3/31/2023 Lupe Castro AP 400.00
238220 3/31/2023 D & D Pest Control AP 177.00
238221 3/31/2023 Docs Towing & Transport, Inc. AP 660.00 238222 3/31/2023 Dos Palos Publishing Company AP 567.00 238223 3/31/2023 Double D Towing, LLC AP 130.00
238224 3/31/2023 Fast Track Car Wash AP 234.50
238225 3/31/2023 Federal Express Corporation AP 54.31
238226 3/31/2023 Fun Express LLC AP 2,609.19
238227 3/31/2023 Geosyntec Consultants, Inc. AP 5,531.10 238228 3/31/2023 Eric Gallichio AP 561.00
7 ITEM 7A
238229
3/31/2023 Grainger Parts Operations AP 282.28
238230
3/31/2023 Jose Garcia, Jr. AP 855.86
238231 3/31/2023 Daniel E Garcia AP 600.00
238232
3/31/2023 Halcyon Creek Inc. AP 3,874
.58
238233
3/31/2023 Joe Heim AP 81.00
238234 3/31/2023 Henley Pacific, LLC AP 168
.33
238235
3/31/2023 Holt of California AP 230.01
238236 3/31/2023 Home Depot AP 8,441.58
238237 3/31/2023 Don Hughes Photography AP 483
.25
238238 3/31/2023 Caleb Hankin AP 500
.00
238239
3/31/2023 IDM Worldwide AP 705.56
238240
3/31/2023 InfoSend Inc. AP 1,463
.27
238241 3/31/2023 Ingraham Trophies AP 709
.02
238242
3/31/2023 Jerry Witt AP 2,389.00
238243
3/31/2023 Phil Jacob AP 600
.00
238244 3/31/2023 Kalmikov Enterprises, Inc AP 1,222
.34
238245
3/31
/2023 Killingsworth Gear AP 314
.00
238246
3/31/2023 Kone Inc. AP 884
.13
238247 3/31/2023 KnowBe4, Inc. AP 1,684.80
238248
3/31
/2023 Language Line Services AP 25
.25
238249
3/31/2023 TimJLaw AP 800.00
238250
3/31/2023 Lawson Products, Inc. AP 354.45
238251
3/31/2023 Livingston Hardware, Inc. AP
1,292.57
238252
3/31/2023 Los Banos Unified School District AP 2,280.00 238253
3/31/2023 Lucas Business Systems AP 1,054
.78
238254
3/31/2023 Marfablnc AP 67.09
238255 3/31
/2023 Mariah Martinez AP 113.00
238256 3/31/2023 Matson Alarm Co Inc AP 195
.00
238257 3/31/2023 Merced County Auditor Controller AP 687.50 238258 3/31/2023 Merced Truck & Trailer Inc AP 2,013.88 238259
3/31/2023 Mid Cal Pipeline & Utilities, Inc. AP 151,703.42 238260 3/31/2023 Ailene Millich AP 113
.00
238261
3/31
/2023 Miracle Playsystems, Inc. AP 189.50
238262
3/31/2023 Municipal Maintenance Equipment, Inc. AP 437
.12
238263 3/31/2023 Napa Auto Parts of Los Banos AP 133
.32
238264
3/31/2023 OSE AP 843
.79
238265
3/31/2023 O'Reilly Auto Parts AP 561.11
238266 3/31/2023 Elizabeth Orellana AP 350.00
238267
3/31/2023 Pacheco High School Boys Basketball AP
2,000.00
238268
3/31/2023 Pacheco High School Girls Basketball AP 2,000 .00
238269 3/31/2023 PSG Fencing Corp. AP 400
.00
238270
3/31/2023 Pinnacle Medical Group, Inc. AP
1,519.00
238271
3/31/2023 Razzari Ford AP 704
.64
238272 3/31/2023 Riggs Ambulance Service AP 448
.65
238273
3/31/2023 Safe T Lite of Modesto, Inc. AP
6,162.08
238274
3/31/2023 Save Mart Supermarkets AP 99.45
238275 3/31/2023 Sherwin Williams Co AP 904.43
238276
3/31/2023 Shred-It US N LLC AP 548
.00
238277
3/31
/2023 Soares Lumber & Fence Inc AP 17.40
238278
3/31/2023 Sorensens True Value AP 826
.04
238279
3/31/2023 Sorensens True Value AP 119
.68
238280
3/31/2023 Swinerton Builders AP 1,312,254
.13
238281 3/31/2023 Terryberry Company LLC AP 561.50
238282 3/31/2023 Triangle Rock Products AP 1,369
.58
8 238283 3/31/2023 Tyler Technologies, Inc. AP 1,232.50 238284 3/31/2023 United Rotary Brush Corp. AP 2,972.40
238285 3/31/2023 US Bank Corp Pymt System AP 36,109.09
238286 3/31/2023 Seth Steber AP 124.76
238287 3/31/2023 John Nunes AP 1.87
238288 3/31/2023 Patricia Cerrillo AP 98.13
238289 3/31/2023 Century Communities AP 23
.72
238290 3/31/2023 Pedro Ortiz AP 35
.00
238291 3/31/2023 Jose & Alejandra Padilla AP 147.67
238292 3/31/2023 Shelly and Joseph Gipson AP 101.87
238293 3/31/2023 Guillermo & Nonna Godinez AP 105.14
238294 3/31/2023 Chaoli Lin AP 124.76
238295 3/31/2023 Ana Torres Garcia AP 105
.14
238296 3/31/2023 Maria Gonzalez AP 147
.67
238297 3/31/2023 Meritage Homes AP 170
.75
238298 3/31/2023 Meritage Homes AP 158.89
238299 3/31/2023 Meritage Homes AP 157.30
238300 3/31/2023 Duong Ho AP 44.86
238301 3/31/2023 Juanita Gutierrez AP 72.42
238302 3/31/2023 Irene Duke AP 72.42
238303 3/31/2023 Century Communities AP 178
.66
238304 3/31/2023 Century Communities AP 192.88
238305 3/31/2023 Amy Villada Cabrera AP 477.57
238306 3/31/2023 Vanir Construction Management, Inc. AP 109,268.91 238307 3/31/2023 Verizon Wireless AP 418
.1 I
238308 3/31/2023 Westside Water Conditioning AP 193.50
238309 3/31/2023 Windecker Inc AP 5,089.59
238310 3/31/2023 Young's Air Conditioning AP 270
.00
238311 3/31/2023 ZWUSAinc. AP 1,229.86
238321 4/5/2023 Aflac-Customer Service AP 270
.18
238322 4/5/2023 AFSCME District Council 57 AP 1,527.51
238323 4/5/2023 Alejandro Aldama AP 641.31
238324 4/5/2023 Empower Annuity Ins. Co of America AP 1,165.47 238325 4/5/2023 Empower Annuity Ins. Co of America AP 1,990.00 238326 4/5/2023 Los Banos Police Assn AP 280.00
238327 4/5/2023 Los Banos Police Assn AP 840
.00
238328 4/5/2023 Mission Square AP 6,750.00
238329 4/5/2023 Mission Square AP 441.65
238330 4/5/2023 Nationwide Retirement Solutions AP 6,839.99 238331 4/5/2023 Professional Fire Fighter of Los Banos Local 4 703 AP 900.00 238332 4/5/2023 State Disbursement Unit AP 937.50
238333 4/7/2023 Alhambra AP 91.40
238334 4/7/2023 AAA Business Supplies & Interiors AP 119.56 238335 4/7/2023 Beyond Essentials with Kasey AP 140.00
238336 4/7/2023 Aramark Uniform Ser Inc AP 432.81
238339 4/7/2023 AramarkUnifonn & Career Apparel Group, Inc. AP 150.37 238340 4/7/2023 AT&T AP 61.15
238341 4/7/2023 AT&T AP 143.74
238342 4/7/2023 Miguel Barrera AP 60.00
238343 4/7/2023 BJ's Consumers Choice Pest Control Inc. AP 217.00 238344 4/7/2023 Bar Psycological Group AP 450.00
238345 4/7/2023 Tum Up with Sara AP 427.50
238346 4/7/2023 Mike Bonillas Basketball Club AP 270.00 238347 4/7/2023 Borelli Real Estate Service, Inc. AP 90.00 9 238348 4/7/2023 BSK Associates
238349 4/7/2023 CDTF A California Dept. of Tax & Fee
238350 4/7/2023 Central Valley Cardiovascular Group Inc. 238351 4/7/2023 Los Banos Power Volleyball Club
238352 4/7/2023 Coffee Break Service Inc.
238353 4/7/2023 Comcast
238354 4/7/2023 Guadalupe Moreno
238355 4/7/2023 Juan Soriano
238356 4/7/2023 Tyler Wilson
238357 4/7/2023 Xerox Financial Services
238361 4/7/2023 Youth Evolution Activites
Break in check sequence due to the following:
Check #238312 - #238320 (Payroll)
Check #238337 - #238338 (Manual Void)
Check #238358 - #238360 (Manual Void)
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
Total Void Check Count:
Total Void Check Amount:
Total Valid Check Count:
492.00
337.00
200.00
375.00
184.72
10.44 86.00
36.00 36.00
4,928.92
1,647.75
I
297.00
160
Total Valid Check Amount: 2,183,856.04
Total Check Count: 161
Total Check Amount: 2,184,153.04
10 CITY OF LOS BANOS
CITY COUNCIL MEETING MINUTES
MARCH 15, 2023
ACTION MINUTES - These minutes are prepared to depict action taken for agenda items presented to the City Council. For detail of this meeting refer to the electronic media (CD and/or audio) kept as a permanent record.
CALL TO ORDER: Mayor Llanez called the City Council Meeting to order at the hour of 6:00 p.m.
PLEDGE OF ALLEGIANCE: Police Commander Melden led the pledge of allegiance.
ROLL CALL - MEMBERS OF THE CITY COUNCIL PRESENT: Council Members Doug Begonia, Brett Jones, Kenneth Lambert, Deborah Lewis, Mayor Paul Llanez; ABSENT:
None.
STAFF MEMBERS PRESENT: City Manager Pinheiro, City Attorney Vaughn, Police Commander Melden, City Clerk/Human Resources Director Mallonee, Fire Chief Tualla, Community & Economic Development Director Souza Elms, Public Works Director/City Engineer Than, Interim Finance Director Kuhn
CONSIDERATION OF APPROVAL OF AGENDA: Motion by Jones, seconded by Lambert to approve the agenda as submitted. The motion carried by the affirmative action of all Council Members present.
PUBLIC FORUM: MEMBERS OF THE PUBLIC MAY ADDRESS THE CITY COUNCIL
MEMBERS ON ANY ITEM OF PUBLIC INTEREST THAT IS WITHIN THE JURISDICTION OF THE CITY; INCLUDES AGENDA AND NON-AGENDA ITEMS. NO ACTION WILL BE TAKEN ON NON-AGENDA ITEMS. SPEAKERS ARE LIMITED TO A FIVE (5) MINUTE PRESENTATION. DETAILED GUIDELINES ARE POSTED ON THE COUNCIL CHAMBER INFORMATIONAL TABLE. Mayor Llanez opened the public forum and asked those at the meeting if they would like to speak: JEFF DELACRUZ, History Teacher at Pacheco High School, spoke regarding how he has his students attend Council Meetings to see and experience local government in action and he looks forward to seeing what the Council has to say, he spoke regarding youth athletics in this community and how his children play travel sports, how they play in massive complexes out of town and wonders why we don't have something here like that in Los Banos, especially an indoor type facility, feels it would be good for the City and bring in revenue, and how was a friend once game him advice on raising kids to "keep them on the court to keep them out of court"; RHONDA LOWE, Business Coach with UC Merced Small Business Development Center (SBDC), spoke to how passionate she is to help independent entrepreneurs, been a part of the Los Banos Economic Development Committee, how fostering the entrepreneurial spirit is the life blood of the city, she started he first business in 1984 and she understands the struggles, she wants to uplift these business owners and help them succeed at no cost to them, how SBDC is ready to partner with the City of Los Banos again and start educating and empowering to make Los Banos ITEM 7B
11 a robust economy and culture keepers of our community; BLANCHE JORGE, Los Banos Downtown resident, spoke regarding a grant that the Los Banos Elks Lodge has received regarding Military Stand Down in Merced County and spoke to the event details, how they continue to support veterans and purchasing items that they need, and mentioned that you can eat, live and shop in Downtown Los Banos. Mayor Llanez asked the City Clerk if she had received any, for which there were none. No one else came forward to speak and the public forum was closed.
CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Council Member Lewis stated that she would like to pull item G - City Council Resolution No. 6617 -Amending the Fiscal Year 2022-2023 Budget by Increasing Appropriations in the Waste Water Fund for Expenditures in the Amount of $870,000 for the Response to the Cresthills Sanitary Sewer Incident from the consent agenda for discussion and approval.
Motion by Lewis, seconded by Lambert, to approve the consent agenda as follows:
Check Register for #237696 - #237893 in the Amount of $2,972,362.01; Minutes for the February 15, 2023 City Council Meeting; Minutes for the March 1, 2023 City Council Meeting; City Council Resolution No. 6614 -Adopting a Revised Budget for the 2022- 2023 Fiscal Year as it Pertains to Increasing Expenditures in the Fire Department's Equipment Repair & Maintenance Account in the Amount of $16,750; City Council Resolution No. 6615 -Authorizing the City Manager to Enter into the Twelfth Amendment to Landscape Maintenance Contract between the City of Los Banos and Ronnys Inc. for an Additional Three Months (April 1, 2023 - June 30, 2023); City Council Resolution No. 6616 - Accepting Public Improvements for Southpointe at Regency Park, Phase 7 (Stonefield Home, Inc.); City Council Resolution No. 6617 Amending the Fiscal Year 2022 2023 Budget by Increasing Appropriations in the lNaste VVater Fund for Expenditures in the Amount of $870,000 for the Response to the Cresthills Sanitary Sewer Incident; City Council Resolution No. 6618 - Authorizing the City Manager to Execute a Professional Services Agreement between the City of Los Banos and Fehr & Peers to Update the Transportation Master Plan. The motion carried by the affirmative action of all Council Members present.
City Council Resolution No. 6617 - Amending the Fiscal Year 2022-2023 Budget by Increasing Appropriations in the Waste Water Fund for Expenditures in the Amount of $870,000 for the Response to the Cresthills Sanitary Sewer Incident. Council Member Lewis inquired as to if this is everything financially to date or is there more to be considered and are we still doing water testing on the canal for which Public Works Director/City Engineer Than responded to and explained.
Motion by Lewis, seconded by Begonia to approve City Council Resolution No. 6617 - Amending the Fiscal Year 2022-2023 Budget by Increasing Appropriations in the Waste Water Fund for Expenditures in the Amount of $870,000 for the Response to the Cresthills Sanitary Sewer Incident. The motion carried by the affirmative action of all Council Members present.
PUBLIC HEARING - TO RECEIVE PUBLIC COMMENT ON AND CONSIDER THE
CITY OF LOS BANOS GENERAL PLAN HOUSING ELEMENT ANNUAL PROGRESS REPORT FOR CALENDAR YEAR 2022 AND TO CONSIDER AN EXEMPTION FROM
THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT 12 (CEQA) PURSUANT TO SECTION 15061(8 )(3) OF THE CEQA GUIDELINES; CITY COUNCIL RESOLUTION NO. 6619 - ADOPTING THE 2022 ANNUAL REPORT ON
THE STATUS OF THE HOUSING ELEMENT OF THE GENERAL PLAN AND PROGRESS IN ITS IMPLEMENTATION. Community & Economic Development Director Souza Elms presented the staff report, which included a PowerPoint presentation.
Mayor Llanez opened the public hearing. ANN McCAULEY spoke to water heaters and recirculating water pumps, how they are so efficient and thinks that should be a no brainer in new homes, how she has done it in her house and it has made such a big difference and will help to not waste water, talking about energy efficiency what about building homes for special needs and what has been done in the recent years in that regard. No one else came forward to speak and the public hearing was closed.
There was Council Member and staff discussion regarding the remaining RENA, if there a certain percentage that he State is going to require us to meet, the unsheltered situation in Los Banos and funding set aside for purchasing a hotel or containers and a Homeless Outreach Coordinator, for which Community & Economic Development Director Souza Elms responded to and explained where the City is currently at on these items.
Motion by Lewis, second by Lambert to adopt City Council Resolution No. 6619 - Adopting the 2022 Annual Report on the Status of the Housing Element of the General Plan and Progress in Its Implementation. The motion carried by the affirmative action of all Council Members present.
MID-YEAR 2022-2023 FISCAL YEAR BUDGET REVIEW; CITY COUNCIL RESOLUTION NO. 6620 - ADOPTING A REVISED BUDGET FOR THE 2022-2023 FISCAL YEAR AS IT PERTAINS TO EXPENDITURES AND REVENUES. Interim Finance Director Kuhn presented the staff report, which included a PowerPoint presentation.
There was Council Member and staff discussion regarding the enterprise funds and when it comes to dealing with Chrom 6 issues, concerns with what the State will make the City do and how is the City going to handle that, how the surplus funds puts the City in a position to program new projects i.e. animal shelter for which Interim Finance Director Kuhn responded to and explained where the City is currently at on these items.
Motion by Jones, second by Lambert to adopt City Council Resolution No. 6620 - Adopting a Revised Budget for the 2022-2023 Fiscal Year as it pertains to Expenditures and Revenues. The motion carried by the affirmative action of all Council Members present.
ADVISEMENT OF PUBLIC NOTICES. (One Report). Community & Economic Development Director Souza Elms stated that there will be a public hearing at the Planning Commission on March 22, 2023 to consider a Categorical Exemption from the California Environmental Quality Act (CEQA) and a Conditional Use Permit to allow the variation of the Highway Commercial Sign Standards for DD's Discount located at 1333 W. Pacheco Boulevard, AP 026-280-016.
CITY MANAGER REPORT. No report
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}. Mayor Llanez stated that the next MCAG meeting is tomorrow and items to be discussed are tipping fees.
CITY COUNCIL MEMBER REPORTS
BRETT JONES: No report
DEBORAH LEWIS: Reported that she has been sponsored and will be attending a Civil Wellness Conference this coming Thursday, Friday and Saturday with topics to include energy savings and solar.
KENNETH LAMBERT: No report
DOUGLAS BEGONIA, JR.: No report.
PAUL LLANEZ: Stated that he has been pretty busy, a lot of meetings and would like to have more meetings, how he heard tonight that we have a budget surplus and would like people to come forward with some ideas, thanked the City Manager and Fire Chief for responding to his request to open up a Warming Shelter and how they jumped right on top of it to get it done.
CLOSED SESSION: CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION, SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(8 ): ONE POTENTIAL CASE. Nothing to report.
ADJOURNMENT. Motion by Jones, seconded by Begonia, the meeting was adjourned.
The motion carried by the affirmative action of all Council Members present.
APPROVED:
Paul Llanez, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
14 CITY OF LOS BANOS
CITY COUNCIL MEETING MINUTES
APRIL 5, 2023
ACTION MINUTES - These minutes are prepared to depict action taken for agenda items presented to the City Council. For detail of this meeting refer to the electronic media (CD and/or audio) kept as a permanent record.
CALL TO ORDER: Mayor Pro Tern Lambert called the City Council Meeting to order at the hour of 6:01 p.m.
PLEDGE OF ALLEGIANCE: Police Commander Reyna led the pledge of allegiance.
ROLL CALL - MEMBERS OF THE CITY COUNCIL PRESENT: Council Members Doug Begonia, Brett Jones, Kenneth Lambert, Deborah Lewis; ABSENT: Mayor Paul Llanez.
STAFF MEMBERS PRESENT: City Manager Pinheiro, City Attorney Vaughn, Police Commander Reyna, City Clerk/Human Resources Director Mallonee, City Treasurer Lawrence, Fire Chief Tualla, Community & Economic Development Director Souza Elms, Public Works Director/City Engineer Than, Interim Finance Director Kuhn CONSIDERATION OF APPROVAL OF AGENDA: Motion by Jones, seconded by Begonia to approve the agenda as submitted. The motion carried by the affirmative action of all Council Members present, Llanez absent.
PRESENTATIONS: CERTIFICATE OF RECOGNITION- EMPLOYEE OF THE MONTH FOR MARCH 2023 - JENNIFER CANCHOLA, ACCOUNTANT I: CERTIFICATE OF
RECOGNITION - POLICE OFFICER NOAH JONES BECOMING A MEMBER OF THE POLICE ACTIVITIES LEAGUE "PAL" GIANTS HALL OF FAME. Mayor Pro Tern Lambert presented and read the Certificates of Recognition, for which Jennifer Canchola and Noah Jones were in attendance to accept.
PUBLIC FORUM: MEMBERS OF THE PUBLIC MAY ADDRESS THE CITY COUNCIL
MEMBERS ON ANY ITEM OF PUBLIC INTEREST THAT IS WITHIN THE JURISDICTION OF THE CITY: INCLUDES AGENDA AND NON-AGENDA ITEMS. NO ACTION WILL BE TAKEN ON NON-AGENDA ITEMS. SPEAKERS ARE LIMITED TO A FIVE (5) MINUTE PRESENTATION. DETAILED GUIDELINES ARE POSTED ON THE COUNCIL CHAMBER INFORMATIONAL TABLE. Mayor Pro Tern Lambert opened the public forum and asked those at the meeting if they would like to speak:
REFUGIO LLAMAS, Merced County Veterans Services Officer and invited Council to the Veterans Stand Down event being held on May 5, 2023 and explained the services they will be offering; KATHY BALLARD, inquired as to if there will be a public forum on item 9 for which Mayor Pro Tern Lambert said there would be an opportunity for the public to speak; CELI, with the Boys & Girls Club of Merced County, spoke regarding how they are housed at the College Greens Facility in coordination with Parks & Recreation and the ITEM 7C
15 upcoming fundraiser being held on April 28, 2023 in Merced; ROY TODD, Los Banos Chamber of Commerce, spoke regarding the April 15, 2023 Downtown Spring Street Faire sponsored by Sutter Health, April 7, 2023 thy will be celebrating the 15th anniversary and would like to see Council there, the next mixer is at Los Banos Memorial Sutter Health on April 27, 2023, the Chamber received an email confirmation that we were awarded ARPA funds and how they appreciated that and how it will be a big help, the Chamber has taken on the Mother's Day in the Park event being held on May 13, 2023 at Pacheco Park, how they have been working on their website and getting it tuned up to look like San Benito Chamber of Commerce's website to be the hub for all information for the business community; STEPHEN HAMMOND reminded everyone about Easter weekend and all the activities going on, special services going on and invited all to attend the Easter services at Bethel Community; BLANCHE JORGE, resident of downtown Los Banos, spoke regarding how the Los Banos Elks Lodge will have a beer booth at the fair and encouraged all to visit, they will be attending the Veterans Stan Down and how they have gotten several grants for veterans, i.e. veterans getting a new home or project roomkey and how they will always provide for them, the April 17, 2023 fundraiser event called the Young Bucks with proceeds to go to good works here in the Community, the commercial buildings in downtown Los Banos and how fast these homes are sold, and how the Downtown area is a place to work, play, and shop. Mayor Pro Tern Lambert asked the City Clerk if she had received any, for which there was one: City Clerk Mallonee stated she received the following comments that are on file with the City Clerk: MISSY McKEE wrote regarding the need for a bigger animal shelter, with all the school shooting happening is there any ways we can get bulletproof doors and windows in case of a shooter. No one else came forward to speak and the public forum was closed.
CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Motion by Begonia, seconded by Jones to Check Register for #237894 - #238186 in the Amount of $1,666,830.17; City Council Resolution No. 6621 - Authorizing the City Manager to Approve a Purchase Order with Lehr Auto for Automated License Plate Reader (ALPR) Camera and Software. The motion carried by the affirmative action of all Council Members present, Llanez absent.
PUBLIC HEARING-TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF A CONDITIONAL USE PERMIT #2023-01 AND A CATEGORICALLY EXEMPTION
FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 15301, EXISTING FACILITIES TO ALLOW THE USE OF A TYPE 47 ALCOHOL LICENSE FOR THE ON-SALE OF GENERAL ALCOHOL FOR A BONAFIDE EATING PLACE, THE ROUNDUP SPORTS BAR LOCATED AT 830 I STREET, MORE SPECIFICALLY IDENTIFIED AS ASSESSOR'S PARCEL NUMBER: 026-143- 003; 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- 16 003. Community & Economic Development Director Souza Elms presented the staff report, which included a PowerPoint presentation.
Mayor Pro Tern Lambert opened the public hearing. No one came forward to speak and the public hearing was closed.
Motion by Begonia, second by Jones to adopt 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. The motion carried by the affirmative action of all Council Members present.
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). City Attorney Vaughn presented the staff report.
Mayor Pro Tern Lambert invited the public to come forward to speak. KATHY BALLARD stated that a 5-0 vote is out of line for the norm to terminate a City Manager, how she has called numerous cities, and different counties in the State of California and it is 2/3 or a simple majority, feels that this is for job security, to give that to an employee is something you are penalizing future council and future mayor, you should not mess with the ordinances that you have, you should alter the contract to match the ordinance, and to think hard on it and not give it a rubber stamp of approval.
Council Member Lewis stated that based on the last vote of the contract that it's pretty well understood that she's not going to vote for this one, there's no constitutional thing that says that you have to have a 2/3 vote here at the City although it's the general practice of general law cities and most cities who are not general law, she has never heard of a city doing this, how this is being done backwards and we broke our own city law to do this and we are trying to clean it up and do away with this portion of the ordinance, she does not know any City Council that would strap their hands with a 5-0 vote and give the City Manager a Cesar-type security, does not understand it at all, in this way with a 5-0 vote if you have 4 people that disapprove, that one person can keep the City Manager in their position, this is kind of what is going on in our country right now, she feels this is shameful, how our current city manager is an at will employee, how we have some Department Heads who are at will also and if for some reason our city manager is not pleased with the services they are offering that can be terminated at will, we have taken away the atwill privilege for the city manager but keep it for the few Department Heads and feels that we should give the same contract to all the at will employees, she's never seen anything like this before, thoroughly disgusted and this is a nefarious act as far as she is concerned and hopes that Council doesn't vote for this but she doubts that this is what will happen tonight. Council Member Jones stated that it seems like we have a habit of breaking our own laws, when just last year by a simple majority fired the city manager and went 21 days without a city manager which goes against our bylaws, to come up here and preach 17 about what it right and to say this goes against principles, the only reason we are here is to correct what three lousy officials did and to prevent that from happening again, there is no guarantee that they will be here tomorrow, whoever sits up here next we have to trust that they next group that sits up here will do best by the city, we know that by going forward with this vote we have at least four years of going on the right path, and that is why we are right here right now it to fix your guy's unnecessary problems that you created for the city.
Motion by Jones, second by Begonia to waive the first reading of 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. The motion carried by the affirmative action of all Council Members present, Lewis voting No and Llanez absent.
Motion by Jones, second by Begonia to introduce 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. The motion carried by the following roll call vote: AYES: Begonia, Jones, Lambert; NOES: Lewis; ABSENT: Llanez.
CANCELLATION OF THE REGULAR CITY COUNCIL MEETING SCHEDULED FOR WEDNESDAY, MAY 3, 2023 DUE TO THE MAY DAY FAIR. Motion by Jones, seconded by Begonia to cancel the May 3, 2023 City Council Meeting due to the May Day Fair. The motion carried by the affirmative action of all Council Members present, Llanez absent.
ADVISEMENT OF PUBLIC NOTICES. (Three Reports). Community & Economic Development Director Souza Elms stated that there will be a public hearing stated that there will be a public hearing at the April 12, 2023 Planning Commission Meeting to consider a Categorical Exemption from the California Environmental Quality Act (CEQA) pursuant to Seton 15301 , Existing Facilities and Cottage Food Operation #2023-01 for Alessandra Coninck at 2280 Emory Cut, APN 424-200-035; and a Categorical Exemption from the California Environmental Quality Act (CEQA) and a Motile 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 at 1560 E. Pacheco Boulevard, APN 428-150- 013; and 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 at 115 W. G Street, Suite A, APN 081-110- 037.
CITY MANAGER REPORT. City Manager Pinheiro gave a big thanks to the Parks & Recreation team for the Easter Egg Hunt event, he spoke regarding the recent Career Fair at Pacheco High School, and gave a big congratulations to City employees Jennifer Canchola and Noah Jones for their recognition earlier at tonight's meeting.
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 18 (LBDPBID). Council Member Lewis stated that a bulletin was sent out by our staff regarding the Annual Air Toxics Report and she is happy to share it with anyone who is interested.
CITY COUNCIL MEMBER REPORTS
DEBORAH LEWIS: Would like to give a shout out to our Parks & Recreation staff on the 2nd Annual Easter Egg Hunt event and how great everything was and hopes that the Fire Chiefs event for installing the smoke alarms went along well too.
DOUGLAS BEGONIA, JR.: Stated that the Boys and Girls Club is in his district and see's them in the building and he will be stopping by to check it out over the next few days.
BRETT JONES: Stated that for those that don't know, there is a little addition to our website, and gave credit to Mayor Llanez, a list of city projects and encouraged all to go check it out, and spoke regarding how there is still time to purchase tickets for the Downtown Association Casino Night event being held on April 29, 2023.
KENNETH LAMBERT: Congratulated Ms. Canchola and Noah Jones for the recognition tonight.
PAUL LLANEZ: Absent
CLOSED SESSION: CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION, SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(8 ): ONE POTENTIAL CASE. Mayor Pro Tern Lambert stated that staff has their direction.
ADJOURNMENT. Motion by Jones, seconded by Begonia, the meeting was adjourned at 6:47 p.m. The motion carried by the affirmative action of all Council Members present, Llanez absent.
APPROVED:
Paul Llanez, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
19 THIS PAGE IS INTENTIONALLY LEFT BLANK
20 TO:
FROM:
DATE:
LOsBanos
At tlic Crossroa s o . :fon,i,1
Agenda Staff Report
Mayor & City Council Members
Soknirorn Than, P.E., Public Works Director/City Enginee~] C April 19, 2023
TYPE OF REPORT: Consent Agenda
SUBJECT: Authorizing an Amendment to Fiscal Year 2022-2023 Budget in the General Fund Maintenance line item 100-452-100-720 for the purchase of an air conditioning unit for the Miller and Lux building Recommendation:
That the City Council adopt the Resolution authorizing the amendment to the Fiscal Year 2022-2023 budget in the General Fund Maintenance line item 100-452-100-720 in the amount of $12,500.00 for the purchase of an air conditioning unit at the Miller and Lux building located at 830 6th St.
Background:
The Miller and Lux building is used for a variety of purposes including rentals for birthday parties, meetings, warming and cooling shelters and small events.
In March 2023, Parks staff identified a severe issue with one of the two air conditioning units in the building. The unit is over 20 years old and requires replacement.
Discussion:
An estimate of $11,636.34 was secured for the replacement of the unit. This includes the supply and install of one (1) 5-ton gas/electric package; connecting existing duct work; connecting existing electrical and control wiring; and setting and testing of new equipment and disposal of old equipment.
Fiscal Impact:
A total of $12,500.00 is being requested for amendment to the Fiscal Year 2022-2023 budget in the General Fund Maintenance line item 100-452-100-720.
ITEM 7D
21 Reviewed
by:
l
Attachme1 :
Resolution
Vendor Quote
B~u~ rim Finance Director
22 RESOLUTION NO. __
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS AMENDING THE FISCAL
YEAR 2022-2023 BUDGET BY INCREASING
APPROPRIATIONS IN THE GENERAL FUND
MAINTENANCE LINE ITEM 100-452-100-720 FOR
EXPENDITURES IN THE AMOUNT OF $12,500.00
FOR THE PURCHASE OF A REPLACEMENT AIR
CONDITIONING UNIT AT THE MILLER AND LUX
BUILDING
WHEREAS, the City Council of the City of Los Banos has been presented a proposal to increase the appropriations in the 2022-2023 Fiscal Year budget; and WHEREAS, the City Council of the City of Los Banos may adjust the overall appropriation levels in each fund at any time during the Fiscal Year by action to amend the budget; and
WHEREAS, the proposed Specialized Equipment line item increase includes expenditures of $12,500.00 for the General Fund Maintenance account 100-452-100-720 for the purchase of a replacement air conditioning unit at the Miller and Lux building; and WHEREAS, the proposed amendment to the 2022-2023 Fiscal Year Budget for an increase in appropriations to the General Fund Maintenance Fund expenditures has been reviewed by the Interim Finance Director.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos hereby approves amending the Fiscal Year 2022-2023 Budget by increasing appropriations in the General Fund Maintenance Fund 100-452-100-720 in the amount of $12,500.00.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 19th 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
23 THIS PAGE IS INTENTIONALLY LEFT BLANK
24 I
-Ctf.YOUNG'S
AIR CONDITIONING
Contractor's License No. 461520
YOUR QUOTATION
Mike
City of Los Banos
645 7th St.
Los Banos, CA 93635 93635
Tel 209-587-0987, Marc Cell 209-587-1008
Fax [email protected]
We are pleased to be able to quote the following job per your request:
Description: Gas Elec. Package Unit Replacement
1 - Supply & install one (1) 5 ton Gas/Elec. Package unit by Bryant. 2 - Connect to existing duct work.
3 - Connect to existing electrical and control wiring.
4 - Setting & testing of new equipment & disposal of old equipment.
For Project: Miller and Lux Building Air Conditioner Replacement Job Location: 830 6th Street, Los Banos
Price:
Date:
Terms:
!$11,636.34
03/26/23
NET 30 days
Thank you for the opportunity to provide this quote. Please contact me at the number below if you have any questions.
Quote valid until
4/25/2023
Sincerely,
Charles Young
25 West G Street, Los Banos, CA 93635 - Phone (209) 826-4807 Fax (209) 826~241 - www.youngsair.com 25 THIS PAGE IS INTENTIONALLY LEFT BLANK
26 T Cityof
L OS Banos ,, (1.~ v t
Agenda Staff Report
TO: Mayor & City Council Members
FROM: Soknirorn Than, P.E., Public Works Director/City Engineer C:::, l-:= fl_ DATE: Aprif 19,2023 ______,.
TYPE OF REPORT: Consent Agenda
SUBJECT: Authorizing the City Manager to submit claim forms for Fiscal Year 2022- 2023 Local Transportation Funds (LTF) in the amount of $39,743 to Merced County Association of Governments (MCAG).
Recommendation:
That the City Council adopt the Resolution authorizing the Acting City Manager to submit claim forms on behalf of the City of Los Banos for Fiscal Year 2022-2023 Local Transportation Funds (L TF) in the amount of $39,743 to Merced County Association of Governments (MCAG).
Discussion:
Attached for City Council review is the Resolution and claim forms with which the City of Los Banos may claim Fiscal Year 2022-2023 Local Transportation Funds. The amount available to claim by the City of Los Banos is $39,743.
Fiscal Impact:
The disbursement of the L TF that are available to the City of Los Banos will be used in conjunction with existing road tax revenues for street and road improvements in the Fiscal ::::-20~ ?j There ~ no ftHeseen addWonal knpact to ~e City. ---.H<J---"---+---F'-r-' _(€; ..;..__; (Ji''-"-- ii -- B~~kkn~ Di~ Atta ments:
Resolution
FY 2022-2023 L TF Claim Forms
FY 2022-2023 L TF Apportionment Schedule
ITEM 7E
27 THIS PAGE IS INTENTIONALLY LEFT BLANK
28 RESOLUTION NO. __
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS APPROVING THE ANNUAL
LOCAL TRANSPORTATION FUND (L TF} CLAIM
TO BE FILED WITH THE MERCED COUNTY
ASSOCIATION OF GOVERNMENTS (MCAG) FOR
FISCAL YEAR 2022-2023
WHEREAS, under the Transportation Development Act (TDA) of 1971, Local Transportation Fund (L TF) monies are available to cities for public transportation, construction and maintenance of local streets and roads, and for pedestrian or bicycle facilities under certain circumstances; and
WHEREAS, the City of Los Banos meets all requirements to qualify for said apportionment allocated through the Merced County Association of Governments (MCAG), as the designated local transportation and planning agency; and WHEREAS, the annual allocations of L TF monies to each jurisdiction have been calculated by population; and
WHEREAS, the City of Los Banos has L TF monies available to claim in the amount of $39,743 for Fiscal Year 2022-2023; and
WHEREAS, the City's proposed expenditures of L TF monies are in conformity with the Regional Transportation Plan as prepared by MCAG; and WHEREAS, the City will submit a certified fiscal audit within 180 days after the end of the fiscal year, except where an extension (90-day maximum) was granted by MCAG.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby authorize the filing of the annual L TF claim for Fiscal Year 2022- 2023 in the amount of $39,743.
BE IT FURTHER RESOLVED it is deemed in the best interest of the City of Los Banos that the City Manager and the Interim Finance Director be authorized to sign the L TF claim form for Fiscal Year 2022-2023, and to submit said claim to MCAG for processing.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 19th day of April 2023, by Council Member __ _ 29 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
30 Claimant: City of Los Banos
Type of Claim:
STREETS & ROADS
LOCAL TRANSPORTATION FUND CLAIM
FY 2022-2023
Amount of Claim:
$ __ _ □
181 PEDESTRIAN & BICYCLE FACILITIES $39,743
□
□
OTHER (indicate purpose & TDA Section number ___ _.
TOTAL
$ __ _
$ ____ _
It is understood by this claimant that payment of the claim is subject to approval by MCAG, to such monies being on hand and available for distribution, and to the provision that such monies ( and the interest earned on such monies subsequent to allocation) will be used only for those purposes for which the claim is approved and in accordance with the terms of the allocation instructions.
Further, the Chief Financial Officer of the claimant certifies that the financial information contained herein, is reasonable and accurate to the best of my knowledge.
Authorized Representative:
Signature
Josh Pinheiro
Print or type name
City Manager
Title
Date
Signature of Interim Finance Director
31 LTF PEDESTRIAN & BICYCLE FACILITIES CLAIM 2022-2023
Claimant: City of Los Banos
Type of PEDESTRIAN & BICYCLE FACILITIES Claim:
~ Facilities provided for the exclusive use of pedestrians and bicycles □ Projects which are provided for use by pedestrians and bicycles Project Title, Location and Description (may use additional paper) Overlay Rail Trail Path
Project Cost by Funding Source
LTF $39,743
General Fund .L.--------------
Other
TOTAL
$60,000
$99.743
1. For entities with a population of more than 5,000, is the claim for pedestrian and bicycle facilities (exclusive of capital requirements for major new facilities) less than 50% of the total pedestrian and bicycle facilities expenditures?
~ Yes □ No
2. Is the project in conformity with the MCAG Regional Transportation Plan? ~ Yes □ No
Prepared by:
Signature
Nirorn Than, PE, PW Dir/Cty Eng
Type or Print Name
32 RESOLUTION NO. 2022/08-18-02
RESOLUTION OF THE MERCED COUNTY ASSOCIATION OF GOVERNMENTS APPROVING
APPORTIONMENT SCHEDULE FOR LOCAL TRANSPORTATION FUND (LTF) MONIES FOR THE FISCAL YEAR 2022/2023
WHEREAS, Merced County Association of Governments (MCAG) is designated the Regional Transportation Planning Agency for Merced County; and
WHEREAS, the Transit Joint Powers Authority for Merced County (TJPA) provides consolidated transit service throughout Merced County, and provides public transportation services to the general public; and
WHEREAS, the TJPA as the transit service provider for Merced County proposes to serve, at a minimum, all claimant areas of Merced County within their jurisdictions at the level of public transportation services that are reasonable to meet as defined by the MCAG Governing Board; and WHEREAS, specific efforts undertaken by MCAG in the transportation planning process and approval of the unmet transit needs process were previously approved by the MCAG Governing Board by Resolution in December 16, 2021; and
WHEREAS, the Yosemite Area Regional Transportation System (YARTS) provides mass transit service in the Yosemite region, including Merced County, and provides public transportation services to the general public; and
WHEREAS, the Merced County Auditor/Controller claims $3,500 for administration of the LTF Apportionment distribution for FY 22/23 pursuant to PUC, Division 10, Part 11, Chapter 4, Article 4, Section 99233.1 administration allocations; and
WHEREAS, MCAG claims $93,898 for administration for FY 22/23 LTF apportionment funds pursuant to PUC, Division 10, Part 11, Chapter 4, Article 4, Section 99233.1 administration allocations and $56,682 for planning pursuant to PUC, Division 10, Part 11, Chapter 4, Article 4, Section 99233.2 planning and programming allocation; and
WHEREAS, after the above needs there are funds remaining, which can be distributed to local jurisdictions for transportation purposes including street and road maintenance; NOW THEREFORE BE IT RESOLVED, that the Local Transportation Funds (LTF) apportionment schedule for Fiscal Year 2022-2023 is:
County Auditor Controller Administrative Cost
MCAG Administrative Expense
MCAG Planning
Transit Joint Powers Authority Needs
YARTS Operating Needs
Future Passenger Rail Reserve
Reserve for Bike and Ped
City of Atwater
City of Dos Palos
City of Gustine
$ 3,500
$93,898
$56,682
$7,109,525
$300,000
$420,000
$168,000
$27,323
$ 4,968
$ 4,968
33 City of Livingston
City of Los Banos
City of Merced
County of Merced
Total
$ 12,420
$ 39,743
$ 77,002
$ 79,486
$8,400,000
The above resolution was approved by the Merced County Association of Governments on August 18, 2022 by Director McDaniel . who moved its adoption, which motion was duly seconded by Director Ca l e and which was adopted by the following vote:
AYES: Directors Cale, Espinosa, Hogue, McDaniel, Nagy, Pareira, Pedrozo, Silveira NOES: None
ABSENT: Directors Aguilar and Serratto
APPROVED:
Stacie Guzman, Executi
Merced County Association of Governments Merced County Association of Governments Governing Board
34 Certification
:~am,) 9>cr 1arWr'2f= duly appointed and
___ c~~~t:.... ____ ofthe (Y/tJ;.6 ~ . 6a4Je{
(Title)
Do hereby
(Governing
certify
Body)
that the above is a true and correct copy of
~
a resolution passed and approved by
the yY1C4-G ~ @atud ofthe On~ ~ ~ e on the
(Governing Body) (Na~=v -----=ct
J J--11-- day of {Lu ~f- . 20 ....c.d=--;]..____ __
cl
a~~ [bµ;;IJ~
(Official Position)
Oa~~
35 THIS PAGE IS INTENTIONALLY LEFT BLANK
36 TO:
FROM:
DATE:
LOs Banos
At the Crossroads ~f CaliJorn:ia
Agenda Staff Report
Mayor Llanez and City Council Members
Stacy Souza Elms, Community and Economic Development Director~£ April 19, 2023
TYPE OF REPORT: Consent Agenda
SUBJECT: Professional Service Agreement Amendment for the Downtown Master Plan/Civic Center Master Plan
Recommendation:
That the City Council approves and authorizes the City Manager to execute an Amendment to the Professional Service Agreement with Mark Thomas for the Downtown Master Plan/Civic Master Plan.
Discussion:
On April 6, 2022, the Los Banos City Council authorized the execution of a Professional Service Agreement with Mark Thomas for the preparation of a Downtown Master Plan.
The scope of services included public outreach and stakeholder participation, review of existing conditions, development of conceptual design concepts, development of an implementation plan, preparation of draft downtown master plan/report, presentation of draft plan to Planning Commission and City Council, development of construction phasing, and to seek final approval through adoption.
Staff is requesting to amend the Professional Service Agreement to include the preparation of a Civic Master Plan which will cover renovation, reuse, and potential new construction of City facilities and sites located in Downtown. These sites include the Police Annex, City Hall, current Police Station and ancillary houses, and Gateway Sign 1 ITEM 7F
37 Parcel. The Civic Master Plan for Downtown will determine space needs and site concepts for these associated facilities and sites for consideration.
Fiscal Impact:
The Professional Service Agreement Amendment with Mark Thomas is for the total amount of $288,827. For Fiscal Year 22-23 this would be a Budget Amendment of $120,000 to account 100-419-100-720 Buildings and Structures. The remaining contract amount would be carried forward to Fiscal Year 23-24.
Brent Kuhn, Interim Finance Director
. Attachments:
Resolution
Professional Service Agreement
2 38
RESOLUTION NO. __
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL
SERVICE AGREEMENT AMENDMENT WITH
MARK THOMAS FOR THE DOWNTOWN MASTER
PLAN/ CIVIC MASTER PLAN
WHEREAS, a Request for Proposals for the preparation of a Downtown Master Plan was issued on February 11, 2022; and
WHEREAS, the City of Los Banos executed a Professional Service Agreement with Mark Thomas for the preparation a Downtown Master Plan on April 13, 2022; and WHEREAS, the scope of services will be expanding to include the preparation of a Civic Master Plan for Downtown City facilities and sites; and WHEREAS, the funds are available in the Assigned General Fund Balance; and WHEREAS, the proposed Professional Service Agreement Amendment has been reviewed and approved by the City Attorney.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos as follows:
1. That the amendment by Mark Thomas, for the preparation of a Downtown Master Plan/ Civic Master Plan, is hereby accepted, and the City Manager be and is hereby authorized and directed to execute an amendment to the Professional Service Agreement in the form presented herewith for and on behalf of the City.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 19th 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:
39 Paul Llanez, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
2 40
FIRST AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
[Mark Thomas & Company, Inc.]
THIS FIRST AMENDMENT TO AGREEMENT ("FIRST AMENDMENT") is made and entered into this _ day of ___ 2023, by and between the City of Los Banos, a California municipal corporation (herein referred to as "City'') and Mark Thomas & Company, Inc., a California corporation (herein referred to as "Consultant").
RECITALS
A. WHEREAS, City and Consultant entered into a professional services agreement dated April 13, 2023 ("Agreement') regarding preparation of a Downtown Master Plan; and B. WHEREAS, City and Consultant desire to amend the Agreement to include additional services necessary for the preparation of a Civic Center Master Plan.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:
1. Scope of Services. The scope of services shall be amended to include the additional work as set forth in the City of Los Banos Civic Center Master Plan Scope of Work attached hereto as Exhibit A and incorporated herein by this reference.
2. Compensation. Consultant's additional compensation for all work performed in accordance with this amendment for additional work, including all reimbursable items and sub Consultant fees, shall not exceed $288,827.00 unless authorized in writing by the City. A detailed Cost Proposal is attached hereto as Exhibit B and incorporated herein by this reference.
3. Entire Agreement. All of the terms and conditions of the Agreement not modified by this First Amendment shall remain in full force and effect.
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
1 41
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment on the dates set forth below.
Date: _ _ ___ ~ 2023
Date:. _____ __, 2023
ATTEST:
CITY CLERK
Lucille L. Mallonee, City Clerk
APPROVED AS TO FORM:
William A. Vaughn
City Attorney
2 MARK THOMAS & COMP ANY, INC. a
California corporation
by:
Title:
CITY OF LOS BANOS, a California
municipal corporation
by:
Title:
42 CITY OF LOS BANOS CIVIC CENTER MASTER PLAN SCOPE OF WORK Task 1 Kick Off Meeting -
Within two (2) weeks of the project's Notice to Proceed (NTP), the Mark Thomas Team (Project Team) will host a 2-hour Kick-off meeting with representatives from the City. In addition to introductions and discussion of administrative matters, the Project Team will review the goals of the project to ensure that our efforts are properly aligned with City staff's vision for the project. The Kick-off meeting will be used to review and discuss project scope of work, project timeline, budget, reporting, establish project management meeting schedule, and confirm communication channels. The Project Team will develop the meeting agenda, meeting facilitation, and prepare meeting minutes.
Deliverable
• Meeting Agenda
• Meeting Minutes
Task 2 Analysis
2.1 Prepare Floor Plans for Five Existing Buildings and Sites - The Project Team will review project data and prepare CAD base plans (assumes as-built plans from City). The Project Team will also conduct field measurements and/or scanning to determine existing building layout and usage.
Deliverable
• Floor Plans for Five Existing Buildings and Sites
2.2 Conduct Meeting #2, Detailed Interviews with Staff-City, Ind The Project Team will conduct detailed interviews with key City staff, determine existing personnel, any organizational or other factors affecting future staff needs. The Project Team will incorporate the feedback into the Space Need Summary and Site.
Deliverables
• Meeting Agenda
• Meeting Minutes
2.3 Prepare Draft Staff and Space Needs Summary and Site Concepts Based on evaluation and input from City of Los Banos personnel, we will develop a draft Staff and Space and Needs Summary and Site Concepts. The process will:
• Identify General Plan build-out population and also up to 4 comparison cities at build-out, integrate this information into the assessment of future needs • Identify staff projections at build-out population
• Identify space needs list at build-out population
Our Team will use the results of this study to inform renovation and any new construction required to house City staff at Downtown Civic Center location. 43 Deliverable
• Draft Space Needs Summary
• Draft Site Concepts
2.4 Meeting #3 to review Space Needs and Site Concepts
The Project Team will host a meeting with City personnel to review the Space Needs and Site Concepts. Input from City personnel will guide the development of building usage plans.
Deliverable
• Meeting Agenda
• Meeting Minutes
• Summary of Space Needs and Site Concepts
2.5 Prepare Usage Plans for Five Buildings and Associated Sites Upon finalizing Space Needs and Site Concepts, the Project Team will prepare Usage Plans for Five Buildings and Associated Sites.
City facilities included:
• City Hall, 520 J Street, area in sf is TBD
• Police Department Headquarters Building at 945 5th Street, 6,400 sf • Police Activities League (PAL) located at 444 J Street, 1,100 sf • House at 428 J Street, 1,600 sf+ 450 sf shed
• Police Annex at 535 J Street, 11,700 sf
In addition, the Project Team will:
• Prepare interior usage plans for up to 3 alternatives • Prepare interior usage plans for moving City services into the annex building and reuse of the police station site for civic purposes, space list provided by City • Prepare interior usage plans for up to 2 additional scenarios of providing City services as well as civic purposes, may include sale of properties for potential private use, other use.
Deliverables
• Usage Plans for Five Buildings and Associated Sites
2.6 Meeting #4 with City staff, decide disposition of Buildings and Sites - I Page 2
44 The Project Team will meet with City staff to discuss the disposition of buildings and sites.
The discussion will address The Project Team will incorporate City Staff input the draft renderings.
Deliverable
• Meeting Agenda
• Meeting Minutes
• Summary of Buildings and Sites Disposition Discussion
2.7 Prepare Draft Renderings for Buildings and Sites
Based on the Receive City staff input, our team will finalize the interior usage plans and draft Renderings for each of the Buildings and associated site.
Deliverable
• Draft Renderings for Building and Sites
Task 3 Community Meeting #1
Our Team will facilitate a community meeting that presents the initial draft renderings for public review and comment. We will prepare the meeting agenda, minutes, action item list, and other meeting materials and will email all written materials to the City Project Manager no later than forty-eight (48) hours in advance of each meeting.
Deliverable
• Meeting Agenda
• Meeting Minutes
• Meeting Presentation
• Sign In Sheet
Task 4 Gateway Landscape Design
The Mark Thomas Team will develop a Gateway Landscape Design informed by existing conditions and community vision that transforms the intersection of 6th Street and Pacheco Avenue into a community place as well as an indicator of entering Downtown Los Banos. Our Team will incorporate placemaking concepts and gateway best practices to outline materials, costs and implementation strategy.
Task 5 Council Review/ Approval
I Page 3
45 5.1 Prepare Draft Civic Center Master Plan,
The Project Team will develop a draft Civic Center Master Plan based on the comments and feedback received from City staff and the community. The Draft Civic Center Master Plan will be presented to City Council for review and comments.
Deliverable
• Draft Civic Master Plan
5.2 Revise Draft
The Project Team will develop a Final Civic Center Master Plan based on the comments and feedback received from the City Council.
The Final Plan will be provided to the City in Microsoft Word, Adobe PDF, and/or Adobe In Design formats. If not already done so, any remaining project files will be provided to the City.
Deliverable
• Revise preferred alternative for City Council Approval
5.3 Attend City Council Meeting for Approval of CCMP - MT, Ind, PW The Mark Thomas team will prepare a resolution for Plan final approval that will facilitate community adoption and ensure that the Plan's projects will be eligible for the next phase of implementation. We will prepare a summary of the project analysis, community engagement, and recommendations.
Deliverable
• Council Resolution for approval
I Page 4
46 COST PROPOSAL FOR PROJECT SCOPE: Los Banos Civic Master Plan ~~ MAR K
■ • TH 0 MAS
1.0 Project Kick off Meeting
1.1 Project Kick Off Meeting
Subtr:>ta!, phas~f l
fy,·"' "J!J'-'''"~ ''F"''D ( ~ )ff\¥JvA . I Yj ,
2.1 Prepare floor plans for 5 existing buildings
2.2 Conduct Meeting #2 detailed interviews with key city sta Prepare draft staff and space needs summary and Site
2.3 Concepts
2.4 Conduct Meeting #3 with City staff to review summary Prepare usage plans for 5 existing buildings, incl. any
2.5 additions
Conduct Meeting #4 with City staff, decide disposition of
2.6 bldgs
Prepare draft renderings for 5 existing buildings, review
2.7 w/City
SUbtQ,ta! Phase'i
.~ .. l};,.<~p)!eu(o~TREA,CH/ENGAGEMENT
3.1 Attend Community Meeting
Su.~otai Mase ,
4.o·- Gateway Landscape Desgin
Subtotal Phase 4
~;J:>t.~czob((jeJtJii 1JE,VV',iAP((ii(AJ.
5.1 Prepare draft Civic Center Master Plan
5.2 Revise materials, prepare final Civic Center Master Plan Attend City Council Meeting approval of Civic Center
5.3 Master Plan
Subte>~I Phase s
TOTA~~OURS
OTHER DIRECT COSTS
TOTALCOST
Please note that the rates shown are for estimating purposes only.
See rate schedule for actual rates/ranges.
Total MT
Cost
s:i.Q1.~
$,2,016
$504
$504
$.1$94
$'~04
$SQ4
$504
. s,04 •$jis'28
$1,008
jl,l;;08$
$1,000
$3,016
$1,008
$1,00.8
. $1,008
,~~02'1
$0
$~2,,,72
Subconsultants
I•
0 QO
!ti Place Works .!:
Non-DBE 0%
1,200 $1,200
.stioo $1>,:ZQQ
20,160 $0
10,400 $0
61,250 $4,000
6,360 $1,200
19,125 $6,000
6,240 $1,200
29,600 $6,000
$l;'Sf,1':1$ $,.l.1;4$1
15,000. $9,000
$1S000 , • v A •I, ' •~- • $9~ 1, . ,
s,cioo $20,000
$5,000 $.,000
···-,
14,700 $4,000
11,660 $1,200
6,360 $1,200
$32,72() _$ij,400
$Z,07,¢J~ '$~,OOQ
$~,3QO Jaao
$2~Q,3Ss $~~,son,
TOTAL
COST
$4,,416
MA1&
$20,,664
$10,904
$6s,r,s4
,$~,064
.. $2S)jZ9
$.17,,44
. $3.6,1-t)4
$1J~,~3
. /. /.
s?S"Q88
$~,t088
$2.6,PQO
$28;0~6
SJ~,708
$13,8p8
$8~~6$
$4i;.!44
$4,100
$~;827
4/12/2023
47 THIS PAGE IS INTENTIONALLY LEFT BLANK
48 TO:
FROM:
DATE:
LOsBanos
Agenda Staff Report
Mayor Llanez and City Council Members
Stacy Souza Elms, Community and Economic Development Director~ April 19, 2023
TYPE OF REPORT: Public Hearing
SUBJECT: 2023 Development Impact Fee Annual Adjustment
Recommendation:
That the City Council consider the following:
1. Hold a public hearing to hear any public comments regarding the proposed impact fee adjustment;
2. Find that the proposed impact fee adjustment is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061 (b)(3); and
3. Adopt a resolution approving a 1.4% increase to development impact fees to reflect construction cost changes in 2023, to become effective on July 1st.
Background:
On January 15, 2020, the Los Banos City Council approved the Development Impact Fee Justification Study to reflect the development horizons of the General Plan and Police Station Needs Assessment. Development impact fees are established in conformance with the requirements of the Mitigation Fee Act (California Government Code Sections 66000, et seq.), which was enacted by the State of California in 1987, by identifying 1 ITEM 8A
49 additional public facilities required by new development ("Future Facilities") and determining the level of fees that may be imposed to pay the costs of the Future Facilities.
In 2006, Government Code Section 66001 was amended to clarify that a fee cannot include costs attributable to existing deficiencies but fund costs used to maintain the existing level of service ("LOS") or meet an adopted level of service that is consistent with the general plan.
The development impact fees do not pay for operation and maintenance of capital facilities, or city staffing costs. Development Impact Fees are segregated from the General Fund and from other City budget funds or accounts containing fees collected for other purposes in accordance with accounting standards.
Discussion:
Pursuant to Los Banos City Council Resolution No. 6163, the amount of the development impact fees shall be modified annually each July 1 based on the change in the Engineering News Record's - Construction Cost Index (ENR-CCI) as reported for the twelve-month period ending in April of each year. The adjustment based on the change in the ENR-CCI ending in April 2023 is a 1.4% increase. This increase would be applied to all development impact fees and will go into effect on July 1st after approval.
Below is a comparison chart per unit (residential)/ 1,000 square feet (non-residential).
Single Family
Multi-family
Age Restricted
Retail
Office
Institutional
Industrial
Environmental Review:
CuffentFee
$32,506.11
$25,835.34
$17,593.00
$20,158.48
$10,783.11
$6,513.95
$4,408.27
Pro osed Fee
$32,961 .19
$26,197.02 ·
$17,839.30
$20,440.68
$10,934.06
$6,605.14
$4,470.01
The proposed mitigation fee adjustment is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061 (b)(3), which is the general rule that CEQA applies only to projects with the potential for causing direct or indirect significant environmental effects.
Fiscal Impact:
The proposed adjustment of 1.4% to the development impact fees would ensure that new development is adequately funding its share of the costs of new public facilities as the costs to construct these projects increase over time. The annual adjustment to the impact 2 50
fees provides for fees that better reflect construction costs increases to ensure the City does not subsidize new development's share of these facilities and that adequate funding is available when the City is ready to construct these projects.
Public Notice:
A public hearing notice was published in the Merced Sun-Star on April 7, 2023.
Additionally, local developers and the Building Industry Association of the Greater Valley (BIA) were directly mailed public notices on April 5, 2023.
Revlewi by: / /
1 i 1/ - . Brent Kuhn, Interim Finance Director
Attachments:
1. Resolution
Exhibit A - Proposed 2023 Adjusted Development Impact Fees
2. Construction Cost Index Chart
3. Public Hearing Notice - April 7, 2023
3 51
THIS PAGE IS INTENTIONALLY LEFT BLANK
52 RESOLUTION NO. __
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS APPROVING AN
INCREASE IN DEVELOPMENT IMPACT FEES TO
REFLECT INCREASES IN THE ENGINEERING
NEWS RECORD CONSTRUCTION COST INDEX
FOR 2023
WHEREAS, on January 15, 2020, the City Council adopted Resolution No. 6163, approving a development impact fee justification study to be collected from new development projects as authorized by Article XI, Section 7 of the California Constitution, the Mitigation Fee Act (Gov. Code § 66000, et seq.,); and Los Banos Municipal Code; and
WHEREAS, City Council Resolution No. 6163 establishes the process for the annual adjustment of development impact fees based on the change in the Engineering News Record's Construction Cost Index as reported for the twelve-month period ending in April of each year; and
WHEREAS, the Engineering News Record's Construction Cost Index for the San Francisco area indicates that construction costs increased 1.4 percent for the twelvemonth period ending in April 2023; and WHEREAS, the City of Los Banos complied with the notice requirements of the California Government Code Sections 66016 and 66018; and WHEREAS, the City Council held and conducted a public hearing on April 19, 2023, in accordance with applicable public notice, to review and consider the increase in development impact fees, and the updated Development Impact Fee Schedule; and WHEREAS; the City Council now wishes to adjust the fees in accordance with the increase in the Engineering News Record Construction Cost Index for the San Francisco area and adopt the fees at the revised rates set forth in Exhibit A to this Resolution, which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby resolves as follows:
SECTION 1. In light of the increases in the Engineering News Record's Construction Cost Index for the twelve-month period ending in April 2023, the City Council approves an adjustment to increase development impact fees by 1.4 percent and adopts the increased development impact fees as shown on Exhibit A. 1 53
SECTION 2. The increased development impact fees as set forth in Exhibit A and adopted Resolution shall become effective on July 1, 2023.
SECTION 3. This Resolution adjusts only the amount of development impact fees to be collected from new development and does not modify any other provisions of Resolution No. 6163, which shall remain in full force and effect.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 19th 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 54
Exhibit A
Single Family I s 1,503.94 I s 2,814.22 I s 8,401.99 I s 1,551.99 I s 5,794.59 $ 3,536.29 $ 1,558.93 $ 839.24 $ 959.98 $ 32~961 .. 1.9 Multi-family $ 1,202.67 $ 2,251.13 $ 6,721.11 $ 6,042.07 $ 4,636.16 $ 2,829.75 $ 1,079.53 $ 671.87 $ 762.73 $ 26,.197 .82 Age Restricted $ 814.14 $ 1,523.07 $ 4,547.69 $ 4,087.41 $ 3,137.00 $ 1,914.01 $ 841.64 $ 454.29 $ 520.05 $17,839.30 Retail $ 857.17 $ 1,603.17 $ - $ 4,302.60 $ 3,301.97 $ 2,015.61 $ 7,764.79 $ - $ 595.36 $ 20,440.68 Office 1$ 643.18 I s 1,202.61 I s - $ 3,227.86 $ 2,475.88 $ 1,511.11 $ 1,555.35 $ - $ 318.00 $10,934.06 Institutional I S 321.59 I s 601.33 I s - $ 1,613.92 $ 1,238.54 $ 755.55 $ 1,881.72 $ - $ 192.48 $ 6t605.il4 Industrial I $ 213.99 I s 400.so I s - I s 1,015.96 I s 824.90 $ 503.31 $ 1,321.04 $ - $ 130.31 $ 41470.81 55 Engineering News-Record
City Cost Index - San Francisco - As of April 2023
Like 0 Tweet Share
The building and construction cost indexes for ENR's individual cities use the same components and weighting as those for the 20-city national indexes. The city indexes use local prices for portland cement and 2 X 4 lumber and the national average price for structural steel. The city's BCI uses local union wages, plus fringes, for carpenters, bricklayers and iron workers. The city's CCI uses the same union wages for laborers.
To find more recent cost index data, go to this webpage (link below) and click on the link for the year you need, and then navigate to the week you need.
Keep in mind that the city cost index figures are always published in the second weekly issue of the month. httg://www.enr.com/economics/current costs
Go back to view all Citv Indexes .
. ················--··-··--····--···-····-·····--·-·... .. ........... ·-·-----·-·-···· _ ......... _, ____ ., __ .,_, .. , ................ _________ , ...................... -·-·-·-·-···--·-·-·····--···· -----·•···-·· ............ --....... _, ____ ,,____ ····---·-·-·= ENR COST INDEXES IN SAN FRANCISCO (1978-2022)
YEAR MONTH j BCI ¾CHG I CCI ! ¾CHG
2023 April 10026.39 +2.2 i 15319.85 +1.4 ........ __________ -------- ...... ·-·---· - ·-··· ··-·-·-·-···-------- -- ···--·-··-····---· ----- 2023 . : March . . I 10068.82 . ! +2.4 j 15362.28 ! + 1.6 r.;J ffi1s web!ll_1_te ~E!9_"!frE!_!ll~E!_l'.~ain coo1_<_1_E!s to w«,.~~-~na __ l:'_!llE!!ll o~~-E!-~-~<>.<>.~•es to ti_E!~p _you ha~E!_the bf!!llt e~_pe~•~~ce_~ ~¥ ~~!ll~-~i~g_!h._!!ll_we-i:.!ll~~~,-~f!rt~i_ri _____ g_ 201fkies have alrea<Beg~et, which you may ~-Q!5~ block. By closi~g-J:b.l} message or conti~t -~ use our site, yoti.-ai)_ee to the . of cookies:·visitour updated-prjyacv.-~nd cookie ~y to lea~n more. Pri vacy - TelTTlS 56 YEAR
~.-.-.. .-..............
2023
2022
·---····-·-
2022
2022
2022
2022
2022
2022
2022
2022
2022
I 2022
I
2022
2021
2021
i 2021
I
I
:
I
MONTH i BCI
January I 10205.32
-
December I 9684.48
November I 9819.99
October ! 9847.88
September ! 9789.74
August I 9757.65
July i 10346.61
June I 10062.91
May ! 10033.57
April j 9810.39
March l 9833.42
February ! 9102.28 -•---··--· - ·---~- ------·· ··-·· ... .. _. ____ January 9007.82
----
December 8934.82
November I 9127.62
October
l ¾CHG CCI ! %CHG
i +13.3 15498.78 I +8.4
i +8.4 I 14977.94 +5.3
I
I
+7.6 l 15113.51 I +4.8
l +7.5 I 15141.40 I +4.8
I +18.1 ! 15083.26 I + 11.0
I
i +14.5 i 15051.17 ! +8.9
I
I +22.2 I 15640.10 ! +13.6 ····• I
+23.2 I 15356.33 ; +14.1 ······'.--
+23.4 i 15326.99 ! + 14.2 I
---·-·-····-·····-
I
i +24.8 j 15103.81 +14.8
! +25.4 i 15126.84 +15.1 I
··•·
! +16.5 14396.70 +9.8
-·- ---· .... ·-----·· ~-- ------·--·-· -- --· ---·· ---- ........... ----- --- +15.4 14301.24 +9.2
I
I +13.5 i 14228.24 +8.0
I +15.9 14421.03 +9.5
i 9158.49 I +16.3% 14451.91 +9.8%
~:~~:b:~:: ::~:=-~:::: ::::~e.;;:;~:.0::,:::~:~t:::~::~~:~~t.:vo:;~i~:~ ::~~:~: ::rt:: § - ·--- - of cool<ies. Vislt-our u·pdafed ll!iiliY and cookie- pohcy to learn ·more. . - -- ... - 57 THIS PAGE IS INTENTIONALLY LEFT BLANK
58 CITY OF LOS BANOS
NOTICE OF PUBLIC HEARING
PUBLIC FACILITY IMPACT FEE PROGRAM
AND DEVELOPMENT IMPACT FEES
NOTICE IS HEREBY GIVEN that the Los Banos City Council will conduct a Public Hearing to receive public comment regarding the annual adjustment to the Los Banos Development Impact Fee Schedule based on the Engineering News Record Construction Cost Index.
The Public Hearing will be held at the regular meeting of the Los Banos City Council on Wednesday, April 19, 2023 at 6:00 p.m. in the Council Chambers at Los Banos City Hall located at 520 J Street, or as near as possible thereafter, at which time and place interested persons may appear and be heard thereon. Questions regarding the abovereferenced item may be directed to Stacy Souza Elms, Community and Economic Development Director, 520 J Street or at (209) 827-7000.
The data supporting the proposed adjustment to City's Development Impact Fees will be available for review ten (10) days prior to the public hearing at the Community and Economic Development Department located at 520 J Street, Los Banos California or by email request to [email protected].
All interested persons will be given an opportunity to comment on this item at the Public Hearing. In addition, written comments may be submitted to the City Council at or prior to the hearing, mailed to 520 J Street, Los Banos, CA 93635, Attention: Stacy Souza Elms, Community and Economic Development Director. Please reference hearing title and date of hearing in any correspondence. If no comments are received prior to or on the above date, it will be assumed that no comments are being offered. Please note that if you challenge the City's final decision on the above matter in court, you may be limited to raising only those factual and legal issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. In light of the foregoing, all interested members of the public are encouraged to voice their concerns regarding all above matter either in person at the hearing or in writing through correspondence addressed to the City Council and submitted to the City Council at or prior to the date of the above hearing.
It is the intention of the City to comply with the Americans with Disabilities Act (ADA). If you require special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact the City Clerk's Office at (209) 827-7000 at least 48 hours prior to the meeting to inform us of your particular needs.
THE CITY OF LOS BANOS
Stacy Souza Elms
Community & Economic Development Director
59 THIS PAGE IS INTENTIONALLY LEFT BLANK
60 TO:
FROM:
DATE:
LOsBanos
\t tli cro~snwcls of ali/ , , ,,
Agenda Staff Report
Mayor Llanez and City Council Members
Brent Kuhn, Interim Finance Director ~ (~
April 1 9, 2023
SUBJECT: Adopt Resolutions Authorizing the Examination of Sales or Transactions and Use Tax Records and Approving a Consultant Services Agreement between the City of Los Banos and MuniServices, LLC
TYPE OF REPORT: Non Consent Agenda
Recommendation:
Staff recommends that the City Council adopt two resolutions, one Authorizing the Examination of Sales or Transactions and Use Tax Records and the other Approving a Consultant Services Agreement with MuniServices, LLC.
Discussion:
Due to the complex nature of administering local sales tax, misallocation of sales tax among jurisdictions is common. These errors often result in cities receiving less sales tax revenue than they are entitled. City Staff does not have the resources necessary to research, identify, and correct these errors. MuniServices has extensive experience and expertise to do so and will collect misallocated revenues on a contingency fee basis.
MuniServices sales and use tax audit service is designed to maximize the City's income and minimize the cost of loss revenues. MuniServices extensive service offerings are used in part, and in whole, by over 260 cities throughout the United States; in California alone, MuniServices serves 9 of the 10 largest cities. To-date, MuniServices has recovered over $1 billion in tax revenue for its clients.
ITEM 9
61 The City will contract with MuniServices to provide Sales and Use tax Audit Services (SUTA) and Sales/Use Tax Analysis and Reporting Services (STARS). To accomplish this, we recommend approval of the attached resolution. The resolution designates MuniServices as the authorized representative of the City to examine sales and use tax records maintained by the California Department of Tax and Fee Administration, formerly the State Board of Equalization.
Also, as a part of the contract, MuniServices will conduct a Transient Occupancy Tax (TOT) compliance program to ensure successful, long-term compliance for lodging establishments that operate in the City. This will be done in two phases. The first phase will consist of an in depth analysis of all registered lodging properties subject to the City's 10% Transient Occupancy Tax. The second phase will include a comprehensive audit and compliance review to ensure registered properties are complying with the City's TOT program and are paying the proper transient occupancy tax to the City.
Fiscal Impact:
Compensation for the Sales and Use Tax Audit Services is fifteen percent (15%) contingency fee for misallocations detected and corrected by MuniServices. There is an annual fixed fee of $3,000 per year, for Sales/Use Tax Analysis & Reporting Services.
There is a fixed fee of $800 per lodging property for TOT analysis and $1,000 per lodging property for audit and compliance of the TOT program. There are approximately nine (9) lodging properties within the City. These fees will be paid from the General Fund.
Revi~wed ~ /4
Josh P'1,, City Manager
I
Attachments:
Resolutions
MuniServices Consultant Services Agreement
62 RESOLUTION NO. __
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS
BANOS AUTHORIZING EXAMINATION OF SALES OR
TRANSACTIONS AND USE TAX RECORDS
WHEREAS, the City of Los Banos (City) entered into a contract with the California Department of Tax and Fee Administration (Department), formerly the State Board of Equalization, to perform all functions incident to the administration and collection of sales and use taxes; and
WHEREAS, pursuant to Revenue and Taxation Code section 7270 the City entered into a contract with the California Department of Tax and Fee Administration (Department), formerly the State Board of Equalization, to perform all functions incident to the administration and collection of transactions and use taxes; and WHEREAS, the City Council of the City of Los Banos deems it desirable and necessary for authorized officers, employees and representatives of the City to examine confidential sales or transactions and use tax records of the Department pertaining to sales and use taxes and transactions and use taxes collected by the Department for the City pursuant to said contracts; and
WHEREAS, Section 7056 of the California Revenue and Taxation Code sets forth certain requirements and conditions for the disclosure of Department records, and Section 7056.5 of the California Revenue and Taxation Code establishes criminal penalties for the unlawful disclosure of information contained in, or derived from, the sales or transactions and use tax records of the Department;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LOS BANOS HEREBY RESOLVES AS FOLLOWS:
Section 1. That the City Manager, Finance Director, Finance Manager or other officer or employee of the City designated in writing by the City Manager to the Department is hereby appointed to represent the City with authority to examine all of the sales and transactions and use tax records of the Department pertaining to sales or transactions and use taxes collected for the City by the Department pursuant to the contract between the City and the Department under the Bradley-Burns Uniform Local Sales and Use Tax Law or the Transactions and Use Tax Law.
Section 2. That the City Manager, Finance Director, Finance Manager or other officer or employee of the City designated in writing by the City Manager to the Department is hereby appointed to represent the City with authority to examine those sales and transactions and use tax records of the Department for purposes related to the following governmental functions of the City:
63 a) Functions related to Sales, Transaction, and/or Use Tax collection or administration; and
b) Functions related to budgeting and forecasting of revenue.
The information obtained by examination of Department records shall be used only for those governmental functions of the City listed above.
Section 3. That MuniServices, LLC is hereby designated to examine the sales and transactions and use tax records of the Department pertaining to sales and transactions and use taxes collected for the City by the Department. The person or entity designated by this section meets all of the following conditions which are also included in the contract between the City and MuniServices, LLC:
a) Has an existing contract with the City to examine sales and transactions and use tax records;
b) Is required by that contract to disclose information contained in, or derived from those sales and transactions and use tax records only to the officer or employee authorized under Section 1 (or Section 2) of this resolution to examine the information; c) Is prohibited by that contract from performing consulting services for a retailer during the term of that contract;
d) Is prohibited by that contract from retaining the information contained in, or derived from those sales and transactions and use tax records after that contract has expired.
BE IT FURTHER RESOLVED that the information obtained by examination of Department records shall be used only for purposes related to the collection of City sales and use taxes or/ sales or transactions and use taxes by the Department pursuant to the contract between the City and the Department and for those purposes relating to the governmental functions of the City listed in Section 2 of this resolution.
Section 4. That MuniServices LLC is hereby designated to examine the sales or transactions and use tax records of the Department pertaining to any petition or appeal for the reallocation/redistribtuion of sales or transactions and use taxes that was filed by MuniServices LLC on behalf of the City pursuant to the contract between MuniServices LLC and City. The person or entity designated by this section meets all of the following conditions, which are also included in the contract between the City and MuniServices LLC:
a) has an existing contract with the City to examine those sales or transactions and use tax records;
64 b) is required by that contract to disclose information contained in, or derived from, those sales or transactions and use tax records only to the officer or employee authorized under Section 1 of this resolution to examine the information. c) is prohibited by that contract from performing consulting services for a retailer during the term of that contract;
d) is prohibited by that contract from retaining the information contained in, or derived from those sales or transactions and use tax records, after that contract has expired.
Section 5. That this resolution supercedes all prior resolutions of the City Council of the City of Los Banos adopted pursuant to subdivision (b) of Revenue and Taxation Code section 7056.
The foregoing resolution was introduced at a regular meeting of the Los Banos City Council held on the 19th day of April 2023, by Council Member _ _ _ __ who moved for its adoption, which motion was duly seconded by Council Member _ _ _ ___ , and the Resolution was adopted by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
ATTEST:
Paul Llanez, Mayor
Lucille L. Mallonee, City Clerk
65 THIS PAGE IS INTENTIONALLY LEFT BLANK
66 RESOLUTION NO. __
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS
BANOS CALIFORNIA, ACCEPTING AND APPROVING A
CONSUL TANT SERVICES AGREEMENT BETWEEN THE CITY OF
LOS BANOS AND MUNI SERVICES, LLC
WHEREAS, MuniServices, LLC has been providing the City of Los Banos with sales, transaction and use tax audit and recovery and information services since July 17,2013.
WHEREAS, the City's current agreement with MuniServices, LLC has expired; and
WHEREAS, it is in the City's best interests to enter into a new agreement with MuniServices, LLC for sales, transaction and use tax audit and recovery and information services and transitory occupancy tax compliance services; and
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LOS BANOS DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct and are incorporated by reference herein.
SECTION 2. The City Council hereby approves and adopts the Consultant Services Agreement which is attached hereto as Exhibit "A" and authorizes the Mayor or his designee to execute the same on behalf of the City.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 19th day of April 2023, by City Council Member ____ , who moved its adoption, which motion was duly seconded by City Council Member ____ , and the Resolution was adopted by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
Paul Llanez, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
67 THIS PAGE IS INTENTIONALLY LEFT BLANK
68 EXHIBIT "A" TO RESOLUTION __
69 THIS PAGE IS INTENTIONALLY LEFT BLANK
70 Consultant Services Agreement
This Consultant Services Agreement (the "Agreement") is made as of July 1, 2022 ("Effective Date") by and between Citv of Los Banos, a California municipal corporation ("CLIENT") and MuniServices, LLC, a Delaware limited liability company, ("CONSULTANT"), collectively the Parties. In consideration of the mutual promises herein contained and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, the parties agree as follows:
A. Services
1. CONSULTANT will provide CLIENT with the Services described in EXHIBIT A, Statement of Work which is attached hereto and incorporated by reference. CONSUL TANT shall provide said services at the time, place, and in the manner specified in EXHIBIT A.
2. CONSULTANT shall furnish at its own expense all labor, materials, equipment and other items necessary to carry out the terms of this Agreement.
B. Compensation
1. Upon execution of this Agreement, CLIENT will pay CONSULT ANT as outlined in EXHIBIT B, Compensation Schedule incorporated and included herein.
C. General Provisions
1. Term of the Agreement: The initial term of this Agreement shall be for a period of three years (3) following the Effective Date and may be extended for a successive two (2) year term upon mutual written agreement of the parties (the "Term"). Either party shall have the right to terminate this Agreement in the event of a material breach by the other party. Any such termination may be made only by providing sixty (60) days prior written notice to the other party, specifically identifying the breach or breaches on which termination is based. Following receipt of such notice, the party in breach shall have thirty (30) days to cure such breach or breaches. In the event that such cure is not made, this Agreement shall terminate in accordance with the initial sixty (60) days' notice. Provided, however, this Agreement is subject to termination upon not less than thirty (30) days written notice to CONSULT ANT if CLIENT has failed to receive funds for the continued procurement of the Products or Services after every reasonable effort has been made by CLIENT to secure the necessary funding and if no substitute arrangement is made by CLIENT to obtain the same or similar System or Services from another source. CLIENT agrees to discontinue use of all hardware, software, and other CONSULTANT-owned materials no later than the effective date of termination and return the hardware, software, and other CONSUL TANT-owned materials to CONSULT ANT within thirty (30) calendar days after termination.
2. Effect of Termination: Notwithstanding non-renewal or termination of this Agreement, CLIENT shall be obligated to pay CONSULT ANT for services performed through the effective date of termination for which CONSULTANT has not been previously paid. In addition, because the services performed by CONSULTANT prior to termination or non-renewal of this Agreement may result in the CLIENT's receipt ofrevenue after termination which are subject to CONSULTANT's fee, the CLIENT shall remain obligated after termination or non-renewal to provide to CONSULTANT such information as is necessary for CONSULTANT to calculate compensation due as a result of the receipt of revenue by the CLIENT.
Termination of this Agreement for any reason will not affect any liabilities or obligations of either party City of Los Banos, Master Consultant Services Agreement v102 72022 1 71 arising before termination or out of events causing termination and will not affect any damages or other remedies to which a party may be entitled under this Agreement, at law, or in equity, arising from any breach or default.
3. Independent Contractor: It is understood that CONSULTANT and its subcontractors, if any, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the CLIENT. CLIENT understands that CONSULTANT may perform similar services for others during the term of this Agreement and agrees that CONSULT ANT representation of other government sector clients is not a conflict of interest. CONSULTANT shall obtain no rights to retirement benefits or other benefits which accrue to CLIENT's employees, and CONSULT ANT hereby expressly waives any claim it may have to any such rights.
4. Subcontractors: CONSUL TANT shall have the right to hire subcontractors to provide the services described herein. CONSULTANT, in rendering performance under this Agreement shall be deemed an independent contractor and nothing contained herein shall constitute this arrangement to be employment, a joint venture, or a partnership. CONSULT ANT shall be solely responsible for and shall hold CLIENT harmless from any and all claims for any employee related fees and costs including without limitation employee insurance, employment taxes, workman's compensation, withholding taxes or income taxes.
5. Notice: Any notice required to be given under this Agreement shall be in writing and either served personally, sent prepaid first-class mail, or by express mail courier (i.e. FedEx, UPS, etc.). Any such notice shall be addressed to the other party at the address set forth below. All notices, including notices of address changes, provided under this Agreement are deemed received on the third day after mailing if sent by regular mail, or the next day if sent overnight delivery. lfto CLIENT:
City of Los Banos
Attn: Finance Director
520 J Street P.O. Box 31
Los Banos, CA 93635
Phone: (209) 827-7000
Email: [email protected]
lfto CONSULTANT:
MuniServices, LLC
Attn: Contracts Department
5860 Trinity Parkway., Suite 120
Centreville, VA 20120
Email: [email protected]
6. Representative or designees: CONSULTANT Primary Representative/Project Manager shall be:
Tanmin Rima, Client Services Manager
7625 N. Palm, Fresno, CA 9371 lPhone: 669.204.9539 Email: [email protected]
7. Indemnity: CONSULTANT shall indemnify, defend, and hold harmless the CLIENT, its officers, agents, and employees, from and against any and all claims, liabilities, and losses whatsoever (including damages to property and injuries to or death of persons, court costs, and reasonable attorneys' fees) to extent occurring or resulting from CONSULT ANT' s negligent or unlawful performance of its obligations under or breach of the terms of this Agreement, unless such claims, liabilities, or losses arise out of, or are caused at least in part by the sole negligence or willful misconduct of the CLIENT. "CONSULTANT's performance" includes CONSULTANT's action or inaction and the action or inaction of CONSULTANT's officers, employees, agents and subcontractors.
City of Los Banos, Master Consultant Services Agreement vl 0272022 2 72 8. Limitation of Liabilitv: IN NO EVENT SHALL CONSULT ANT, ITS EMPLOYEES,
CONTRACTORS, DIRECTORS, AFFILIATES AND/OR AGENTS BE LIABLE FOR ANY
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SUCH AS, BUT NOT LIMITED
TO, DELAY, LOST DATA, DISRUPTION, AND LOSS OF ANTICIPATED PROFITS OR
REVENUE ARISING FROM OR RELATED TO THE SERVICES, WHETHER LIABILITY IS
ASSERTED IN CONTRACT OR TORT, AND WHETHER OR NOT CONSULTANT HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE. IN ADDITION,
CONSULTANT'S TOTAL LIABILITY HEREUNDER, INCLUDING REASONABLE
ATTORNEYS' FEES AND COSTS, SHALL IN NO EVENT EXCEED AN AMOUNT EQUAL TO THE FEES DESCRIBED IN EXHIBIT B. THE FOREGOING SETS FORTH THE CLIENT'S EXCLUSIVE REMEDY FOR CLAIMS ARISING FROM OR OUT OF THIS AGREEMENT.
THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS BETWEEN CONSULT ANT
AND THE CLIENT AND CONSULTANT'S PRICING REFLECTS THE ALLOCATION OF RISK AND LIMITATION OF LIABILITY SPECIFIED HEREIN.
9. Insurance: CONSULTANT shall keep in full force and effect insurance coverage during the term of this Agreement, including without limitation statutory workers' compensation insurance; employer's liability and commercial general liability insurance; comprehensive automobile liability insurance; professional liability and fidelity insurance. The insurance certificate shall name the CLIENT, its agents, officers, servants and employees as additional insureds under the CGL and Automobile policies with respect to the operations and work performed by the named insured as required by written contract. The General Liability policy is Primary & Non-Contributory. Waiver of Subrogation applies under the General Liability and Workers' Compensation policies. The CGL insurance minimum coverage shall be at least $1,000,000 per incident, claim or occurrence and $2,000,000 aggregate. The Cybersecurity insurance minimum coverage shall be at least $2,500,000 per incident, claim or occurrence. The Automobile Liability insurance minimum coverage shall be at least $1,000,000 covering all owned, non-owned, and hired vehicles. The certificate shall provide that there will be no cancellation, termination, or non-renewal of the insurance coverage without a minimum 30-day written notice to the CLIENT, except in the case of cancellation for non-payment of premium which shall be at least 10-days written notice.
10. Equal Opportunity to Draft: The parties have participated and had an equal opportunity to participate in the drafting of this Agreement. No ambiguity shall be construed against any party upon a claim that that party drafted the ambiguous language.
11. Assignment: This Agreement shall be binding upon and inure to the benefit of the parties, their successors, representatives and assigns. CONSULTANT shall not assign this Agreement, or delegate its duties or obligations under this Agreement, without the prior written consent of CLIENT, which consent shall not be unreasonably withheld, delayed or conditioned. Notwithstanding the foregoing, CONSULTANT may assign this Agreement, in whole or in part, without the consent of CLIENT to any corporation or entity into which or with which CONSULTANT has merged or consolidated; any parent, subsidiary, successor or affiliated corporation of CONSULTANT; or any corporation or entity which acquires all or substantially all of the assets of CONSULTANT. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties and their successors or assigns.
12. Ownership of Documents: Except for CONSULTANT's preexisting proprietary information and processes, any and all documents, including draft documents where completed documents are unavailable, or materials prepared or caused to be prepared by CONSULT ANT pursuant to this agreement shall be the property of the CLIENT at the moment of their completed preparation.
City of Los Banos, Master Consultant Services Agreement v102 72022 3 73 13. Intellectual Property Rights: The entire right, title and interest in and to CONSULTANT's database and all copyrights, patents, trade secrets, trademarks, trade names, and all other intellectual property rights associated with any and all ideas, concepts, techniques, inventions, processes, or works of authorship including, but not limited to, all materials in written or other tangible form developed or created in the course of this Agreement ( collectively, the "Work Product") shall vest exclusively in CONSUL TANT or its subcontractors. The foregoing notwithstanding, in no event shall any CLIENT-owned data provided to CONSULTANT be deemed included within the Work Product.
14. Public Release and Statements: Neither party or its representatives or agents shall disseminate any oral or written advertisement, endorsement or other marketing material relating to each other's activities under this Agreement without the prior written approval of the other party. Neither party shall make any public release or statement concerning the subject matter of this Agreement without the express written consent and approval of the other party. No party or its agent will use the name, mark or logo of the other party in any advertisement or printed solicitation without first having prior written approval of the other party.
The parties shall take reasonable efforts to ensure that its subcontractors shall not disseminate any oral or written advertisement, endorsement or other marketing materials referencing or relating to the other party without that party's prior written approval. In addition, the parties agree that their contracts with all subcontractors will include appropriate provisions to ensure compliance with the restrictions of this Section.
15. Force Majeure: CONSULTANT shall not be in default of its obligations hereunder to the extent that its performance is delayed or prevented by causes beyond its control, including but not limited to acts of God, government, quarantines, pandemics, endemics, weather, fire, flood, earthquake, weather, climate change, elements of nature, war, terrorism, civil disturbance, labor disruptions, strikes, embargoes, power or telecommunications failures, inability to obtain supplies, breakdown of equipment or interruption in vendor services or communications, or cause beyond the reasonable control of CONSULTANT ("Force Majeure Event"). Upon the occurrence of a Force Majeure Event, the party that has experienced a delay or failure of performance caused by the Force Majeure Event will be excused from further performance or observance of the affected obligation(s) for as long as the extenuating circumstances prevail and that party continues to attempt to recommence performance or observance whenever and to whatever extent possible without delay. The party that experienced a delay or failure of performance caused by the Force Majeure Event will immediately notify the other party and describe in reasonable detail the circumstances causing the delay or failure of performance. The provisions of this Section shall survive termination of this Agreement.
16. Relationship of the Parties This Agreement shall not constitute, create, give effect to, or otherwise imply a joint venture, partnership, or business organization of any kind. CONSULTANT and CLIENT are independent parties, and neither party shall act as an agent for or partner of the other for any purpose.
Nothing in this Agreement shall grant to either party any right to make any commitments of any kind for or on behalf of the other party without the prior written consent of the other party. CONSULTANT shall not be restricted from providing products or performing services for others and shall not be bound to CLIENT except as provided under this Agreement.
17. Severability If all or part of any term or condition of this Agreement, or the application of any term or condition of this Agreement, is determined by any court of competent jurisdiction to be invalid or unenforceable to any extent, the remainder of the terms and conditions of this Agreement ( other than those portions determined to be invalid or unenforceable) shall not be affected, and the remaining terms and City of Los Banos, Master Consultant Services Agreement v10272022 4 74 conditions (or portions of terms or conditions) shall be valid and enforceable to the fullest extent permitted by law. If a judicial determination prevents the accomplishment of the purpose of this Agreement, the invalid term or condition ( or portions of terms or conditions) shall be restated to conform to applicable law and to reflect as nearly as possible the original intent of the parties.
18. Waiver Or Forbearance Any delay or failure of either party to insist upon strict performance of any obligation under this Agreement or to exercise any right or remedy provided under this Agreement shall not be a waiver of that party's right to demand strict compliance, irrespective of the number or duration of any delay(s) or failure(s). No term or condition imposed on either party under this Agreement shall be waived and no breach by either party shall be excused unless that waiver or excuse of a breach has been put in writing and signed by both parties. Waiver in any instance of any right or remedy shall not constitute waiver of any other right or remedy under this Agreement. Consent to or forbearance of any breach or substandard performance of any obligation under this Agreement shall not constitute consent to modification or reduction of the other obligations or forbearance of any other breach.
19. Certification of Confidentiality: MuniServices qualifies under Section 7056 of the Revenue and Taxation Code to review (Bradley-Bums) confidential taxpayer information and documentation before the State Board of Equalization ("BOE") or its successor agency, the Department of Tax and Fee Administration ( collectively, or in the alternative, the "Agency"). MuniServices is hereby authorized by this Agreement to examine transactions tax, sales tax and use tax records of the Agency, including but not limited to transactions and use tax pertaining to the ascertainment of those sales or transactions and use taxes to be collected for the City.
a. MuniServices is required to disclose information contained in, or derived from, those transactions, sales and use tax records only to an officer or employee of the City who is authorized by resolution or designated by the City to examine the information. b. MuniServices is prohibited from performing consulting services for a retailer during the term of this Agreement.
c. MuniServices is prohibited from retaining the information contained in, or derived from, those transactions, sales and use tax records, after this Agreement has expired. d. The Parties agree that although the scope of work generically refers to "sales and use tax" those references are meant to include "sales, transactions, and use tax" as part of the scope of work, including but not limited to any transactions and use taxes adopted after the effective date of the Agreement.
e. The Parties agree that the Agreement is applicable to all Sales, Transactions and Use Tax Ordinances currently enacted or administered by the City and which may become enacted while the Agreement is in effect.
f. The Parties agree that the City will adopt an updated resolution in substantially the same form as the template provided as Exhibit C to this Agreement.
20. Entire Agreement: This Agreement constitutes the entire agreement between the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the City of Los Banos, Master Consultant Services Agreementv10272022 5 75 subject matter contained herein. Said Agreement shall not be amended, altered, or changed, except by a written amendment signed by both parties.
21. Headings The section headings used in this Agreement are merely for reference and have no independent legal meaning and impose no obligations or conditions on the parties.
22. Governing Law This Agreement shall be governed by, interpreted, construed, and enforced in accordance with the laws of the State of California, without reference to the principles of conflict of laws.
23. Counterparts: This Agreement may be signed in separate counterparts including facsimile copies. Each counterpart (including facsimile copies) is deemed an original and all counterparts are deemed on and the same instrument and legally binding on the parties.
24. Invalidity: If any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.
25. Implementation: Implementation should begin as soon as possible from the signing of this Agreement (the "Implementation Date") for the performance of services under the terms of this Agreement.
IN WITNESS HEREOF, the parties have caused this Agreement to be executed on the date first written above. "CLIENT"
Citv of Los Banos
a California Municipal Corporation
By:--------- ----- -
Name: - ---------- ---
Title: - ---- - ------ ---
Date: ___ _____ _ _ ___ _
"CONSULT ANT"
MuniServices, LLC
a Delaware limited liability company
By:----------- - ---
Name:
Title:
Date: - - ----- - - - - ---
City of Los Banos, Master Consultant Services Agreement vl 0272022 6 76 EXHIBIT A - STATEMENT OF WORK
A.1 SALES, USE AND TRANSACTION TAX AUDIT AND RECOVERY SERVICES Scope of Work
CONSULTANT'S Sales, Use and Transaction Tax Audit and Recovery Services is designed to assist CLIENT in enhancing its sales/use tax revenues by detecting, documenting, and correcting sales/use tax errors thereby producing previously unrealized revenue for CLIENT.
In providing the Sales, Use and Transaction Tax Audit and Recovery Services, CONSULTANT shall:
• Data Acquisition - Data from Multiple sources is acquired and loaded into MuniServices LLC's data warehouse for analysis and mining.
• Data Review and Analysis - MuniServices LLC thoroughly reviews payment and registration data for possible registration and/or local tax reporting errors. • Taxpayer Investigation - MuniServices LLC verifies taxpayer information including address verification and business activity. If a misallocation is confirmed, MuniServices LLC will gather application documentation which includes and any E-Mail Communication with taxpayer and copies of amended returns, questionnaires, contracts, and invoices • Petition Preparation and Submission - MuniServices LLC carefully documents verified misallocation errors into petitions and prepares for submission to CDTF A. • Correction Case Review and Follow-Up-Taxpayer confirmation and Thank You letters are delivered to facilitate corrective action. New incoming board responses are reviewed. Additionally, case backlog is reviewed to determine those requiring follow-ups with taxpayers and/or CDTF A. • Client Audit Reports - MuniServices LLC provides a Quarterly Audit Update Report, a report containing details on all now petitions filled with the CDTF A on their behalf. Large correction Letter is utilized to notify client of a case correction. Additionally, MuniServices LLC provides an Open Account Status Report, which is a report containing all cases that remain uncorrected which reflect status and estimated revenue.
Delh'erables
Progress Reports
CONSULTANT will provide periodic progress reports to CLIENT in the form of status updates.
CONSULTANT's progress reports will identify errors detected, documented and corrected.
CLIENT Assistance
CLIENT shall assist CONSULTANT by providing information and assistance necessary to perform the Sales, Use and Transaction Tax Audit and Recovery Services to include, without limitation, the following:
• Providing CONSULTANT historical sales/use tax information including but not limited to confidentiality reports previously received from the CDTF A for past periods, if available. • Issuing necessary documentation to the CDTF A to allow CONSULT ANT to access and receive detailed confidentiality reports on an on-going monthly basis.
• Providing a letter of introduction identifying CONSULTANT as an authorized agent of the CLIENT to perform the Sales, Use and Transaction Tax Audit and Recovery Services and to receive and examine taxpayer records necessary to assure sales/use tax compliance. 7 77
• Pursuing in good faith corrective action on errors detected by CONSULTANT. • Issuing necessary documentation to the CDTFA to correct errors validated by CONSULTANT.
The parties agree that the CLIENT and/or the CDTF A retain exclusive authority and responsibility to administer, interpret and enforce the CLIENT's sales/use tax, recognizing that CONSULTANT's role is limited to employing its unique expertise and proprietary tools for: i) detecting and documenting errors by taxpayers in the application, calculation, collection, and/or remittance of sales/use taxes and, ii) providing CLIENT with technical assistance, without assuming or being delegated the authority or responsibility of CLIENT to administer, interpret, and enforce its sales/use taxes.
A.2 CLEARVIEW, SALES/USE TAX ANALYSIS & REPORTING SERVICE Scope of \Vork
In conjunction with the CONSULTANT's comprehensive SUTA service, the CONSULTANT will provide a state-of-the-art Sales, Transactions, and Use Tax Reporting online software titled 'CLEARVIEW' (formerly known as STARS), as well as Quarterly Sales Tax Review Meetings and Consulting. CLEARVIEW software includes the following key features:
Consolidated Economic Reports
1. Key trends at the category, segment, and retailer levels.
2. High-level view of key retailer performance.
3. Cash forecast.
4. Search function for retailers and recent payment history (within the jurisdiction).
5. Review and export the rankings of the sales tax producers in your jurisdiction for recent periods.
6. Export the Excel data behind the reports for further analysis or inclusion in internal reports.
Geo Area Reports (Economic)
1. Review trends/growth/declines within specified geo-areas.
2. Export a 3-year history of each geo-area directly to excel.
Cash Trends and Distribution Summaries
1. Review the fiscal year-to-date totals for cash.
2. Compare cash performance to other jurisdictions as a quick way of benchmarking performance.
3. Review cash distributions from the State (including pool amounts, where applicable).
4. Locate potential one-time payments
GIS Maps
1. Visualize your geo-areas and summarize by category and segment.
2. Compare the performance of one geo-area to another.
Accuracy. The CLEARVIEW reports rely on information provided by applicable governmental authorities and third parties. CONSULT ANT has no obligation to verify, remove redundancies, or otherwise clean or standardize the information provided by state authorities or any third parties.
Timing. CONSULTANT's obligation to provide the CLEARVIEW Service is conditioned on the CLIENT's delivery of required, signed documentation to CONSULT ANT to access the proper data from the applicable governmental authorities.
78 CLIENT Assistance
1. Confidentiality. The information provided to the CLIENT in the CLEARVIEW Reports is confidential. It is not open to public inspection. A CLIENT may use the information only for lawfully permitted purposes.
CLIENT shall not distribute the CLEARVIEW Reports to any person unless that person is legally entitled to access the information in the CLEARVIEW Reports, or except as may otherwise be required by law or court order.
CONSULTANT is authorized by this Agreement to examine transaction tax, sales tax, and use tax records of the California Department of Tax and Fee Administration (formerly State Board of Equalization) (CDTFA) including, but not limited to any transaction and use tax that becomes effective after the date of this Agreement to be collected for CLIENT. CONSULTANT is required to disclose information contained in, or derived from, those transaction, sales, and use tax records only to an officer or employee of the CLIENT who is authorized by resolution to examine the information. CONSULTANT is prohibited from performing consulting services for a retailer during the term of this Agreement. CONSULT ANT is prohibited from retaining the information contained in, or derived from, those transaction, sales, and use tax records, after this Agreement has expired.
2. Data. In order for CONSULTANT to provide the CLEARVIEW Reports, the CLIENT will need to deliver to CONSULT ANT the signed documents/authorizations required to access the proper data from the applicable governmental authorities as may be required by law.
3. Additional Terms.
a. License. CONSULTANT grants to CLIENT a license for each of CLIENT's designated users to access the CLEARVIEW reports service for so long as this Agreement is in effect. Each of the CLIENT's designated users must be submitted in writing to the CONSULTANT. CONSULTANT will provide the user with the necessary login information. Any passwords issued for this service may only be used by the person to whom the password is issued; sharing of passwords is STRICTLY PROHIBITED. CLIENT has the obligation to protect those passwords.
b. Limitations of Liability. CONSULTANT is not responsible for any breach of data resulting from CLIENT's failure to protect passwords or systems used to access the Service. CONSULTANT does not warrant that the service is error-free. CONSULT ANT DISCLAIMS ALL OTHER WARRANTIES WITH
RESPECT TO THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. Some jurisdictions do not allow the exclusion of implied warranties or limitations of how long an implied warranty may last, or the exclusion of limitation of incidental damages, so the above limitations or exclusions may not apply to CLIENT. In no event shall CONSULTANT or its licensors, suppliers, or licensees be liable to CLIENT for any consequential, special, incidental, or indirect damages of any kind arising out of the performance or use of the service, even if CONSULTANT has been advised of the possibility of such damages. c. Non-disclosure. CLIENT's use of the CLEARVIEW services is conditioned on CLIENT's agreement not to make the service or any of the output of the system available to CONSULTANT's anyone other than authorized CLIENT staff. Nothing in this provision prohibits the CLIENT from exporting data and formatting it for its own use or from making documents marked as 'public' known to the public. 79 A.3 TRANSITORY OCCUPANCY TAX ("TOT") COMPLIANCE SERVICES Scope of \Vork
The goal of the TOT compliance services program is to ensure successful, long-term compliance for lodging establishments that operate in the City. The TOT inventory and compliance services cover traditional lodging properties (hotels, motels, inns) and online short-term rentals/vacation rental properties (such as Air BnB, VRBO, etc.).
The TOT Compliance program, as described in Phase 1 and Phase 2 below, and review of the CLIENT's municipal code within 90 days of receipt of the lodging provider "return information" from the CLIENT, Consultant will initiate the Compliance Program. The program is a single service consisting of a two phase process.
The TOT Compliance Services workplan and project schedule for the program are outlined below:
Analysis - Phase 1
1) Inventory. Establish a comprehensive inventory of all registered lodging properties subject to taxation by the CLIENT. This DOES NOT include locating lodging providers not properly registered with the CLIENT and not appearing on the CLIENT rolls as TOT remitters unless specifically agreed to. 2) Analysis. Analyze lodging provider "return information" to identify unusual or suspicious reporting and/or activities that warrant further review.
3) Data collection. Conduct unobtrusive collection ofinformation on each property, including number of rooms, occupancy rate, transient and non-transient guests, exemptions, property's condition, business dynamics, etc.
4) Reporting. Provide a detailed analysis report to the CLIENT identifying lodging providers who might require additional investigation or review to determine their compliance with the CLIENT's TOT ordinance and coordinate with the CLIENT to review the analysis report. 5) Identify Phase 2 reviews. Work with the CLIENT to develop a list oflodging providers subject to a compliance review of lodging and tax records.
Audit and Compliance Review - Phase 2
1) Records. Provide the CLIENT with a detailed list of all records required from lodging providers, together with a draft engagement announcement letter to be sent to each lodging provider. 2) Examine & Verify. Review records pertaining to TOT for each lodging provider selected for a compliance review and verify the accuracy of filed TOT returns with daily and monthly activity summaries. a) If CONSULTANT believes such a review is necessary, review secondary and tertiary documentation such as bank statements to verify that deposits reconcile with the reported revenue on the TOT returns or other tax filings.
b) Review exempted revenue for proper supporting documentation. 3) Compliance Report. Submit and review with the CLIENT a compliance review report that includes:
a) All review findings.
b) Documentation for each error/omission identified and confirmed by CONSULTANT that is necessary to facilitate recovery of revenue due from lodging providers for prior periods. c) Draft notices of deficiency determination, commendation, and warning letters as applicable. 80 4) Findings. Assist the CLIENT in reviewing any matters submitted in extenuation and mitigation by lodging providers in contesting a deficiency determination. Prepare and document any changes to the compliance review findings and provide revised tax, interest or penalty amounts due the CLIENT. 5) Consulting. During the term of this Agreement, provide up to ten (10) hours of additional consulting time to assist the CLIENT in evaluating or implementing any of the proposed actions suggested by the above report.
TOT Project Schedule
1) Start-up of TOT Audit Process (within first 30-60 days) a) Procedural meeting with the CLIENT
b) Request Documentation from CLIENT
i) List of all properties registered within the City
ii) 36 Months of Returns for all properties ( or properties CLIENT selected) iii) Current TOT and STR/Vacation Rental Ordinance and any related information 2) Property Review of Hotels Selected for Audits (within 90 days)-Phase 1 a) When the CONSULTANT receives the returns, the CONSULTANT enters the data into worksheets to develop trends, property comparison, exempt rent to gross rent variation, etc. The CONSULT ANT will research the statistics on the City and properties. Based on this data, the CONSULT ANT selects specific properties for audit (if the CLIENT hasn't requested specific properties).
b) The CONSUL TANT will submit to the CLIENT an Audit Report identifying the properties and reasons they were selected.
c) Auditors will contact the CLIENT for a brief conference call to discuss the audit timeline. d) Once the CLIENT approves the hotels selected for audits, the CONSULTANT will forward the CLIENT Announcement Letter Template that needs to be mailed to the properties on CLIENT letterhead.
Once the CLIENT sends out the letters to the properties, CONSULT ANT requests CLIENT send CONSULTANT a copy of the signed letters.
3) Start-up of TOT Audits (30 days later)
a) Once the timeline has been approved, CONSULTANT issues an Appointment Letter with a list of required information.
b) The date for the on-site review or date electronic data is provided will allow the property a minimum of 30 days of preparation time.
4) Remote Audits and Field Audits (8 weeks later)
a) Conduct a review search on specifics of hotels to determine/confirm number of rooms, any special requirements and any other charges to which guests may be charged. b) One week after the Appointment Letters are mailed, contact hotel operator to confirm date and time of audit, explain procedures, and request data for sample months selected (such as Property Management System, Month End Reports, Profit & Loss Statements, Exemption Reports, etc.). c) Conduct on-site or remote review.
5) Provide Final Audit Report to the CLIENT (30 days following completion of audit program) a) Auditors will submit (via email) all the Commendation/Deficiency Letters that need to be submitted to the hoteliers by the CLIENT.
b) CLIENT will receive an electronic copy of the Final Audit Report. 81 THIS PAGE IS INTENTIONALLY LEFT BLANK
82 EXHIBIT B- COMPENSATION SCHEDULE
B.1 SALES, USE AND TRANSACTION TAX AUDIT AND RECOVERY SERVICES In exchange for CONSULT ANT performing the work indicated above, the CLIENT will pay CONSULT ANT as follows:
The CLIENT shall pay CONSULTANT a 15% contingency fee. The fee applies to the sales/use tax revenue received by the CLIENT from correction of taxpayer reporting errors detected and documented by the Sales, Use and Transaction Tax Audit and Recovery Services. The Contingency Fee applies to both: (a) past compliance (as applicable) - sales/use tax revenues received by the CLIENT from prior periods; and (b) prospective compliance ( as applicable) -- incremental increase in sales/use tax revenues received for the first six consecutive reporting quarters following correction of the errors and confirmation of receipt of revenue by the CLIENT.
CONSULTANT will invoice CLIENT quarterly based on past and/or prospective compliance secured on behalf of CLIENT. Invoices are due and payable upon receipt.
All expenses incurred by CONSULTANT in providing the Sales, Use and Transaction Tax Audit and Recovery Services are the sole and exclusive responsibility of CONSULTANT, except those expenses that receive prior written approval by CLIENT.
Completion of Services
Notwithstanding anything else in this Agreement to the contrary, the CLIENT will pay CONSULTANT per the terms of this Agreement for services begun before termination or expiration of the Agreement even if the monies are received after termination or expiration. CONSUL TANT will provide CLIENT with a list of taxpayer accounts submitted but not yet corrected as of the expiration or termination within a reasonable time after the expiration or termination ("completion list"). CONSULT ANT is allowed to continue working those taxpayer accounts on the completion list for a reasonable time to obtain a correction.
B. 2 CLEARVIEW, SALES/USE TAX ANALYTICS & REPORTING
1. Base Package Annual fee. CLIENT shall pay CONSULTANT an annual fee of $3,000 ("annual fee") payable in four equal quarterly payments of $750.00 CONSULTANT will invoice the CLIENT on a quarterly.
Invoices are due and payable within thirty (30) days ofreceipt. If this Agreement is terminated for any reason, the CLIENT remains obligated to pay CONSULTANT the quarterly payments of the annual fee for the quarters before the effective date of termination.
2. Completion of Services
Notwithstanding anything else in this Agreement to the contrary, the CLIENT will pay CONSULTANT per the terms of this Agreement for services begun before termination or expiration of the Agreement even if the monies are received after termination or expiration.
B.3 TRANSITORY OCCUPANCY TAX ("TOT") COMPLIANCE SERVICES TOT audits are provided for hotel and lodging properties on a fixed fee basis. Our TOT audit services consist of two inter-related audit phases. The Phase 1 review must be done first, and it must include all traditional (hotels, motels, inns) lodging properties within the City. This service includes TOT audit and compliance services for online short-term rentals/vacation rental properties (Air Bnb, VRBO, etc.), as 83 detailed in the ~'TOT Compliance Services" section of Exhibit A ("Scope of Services") of this Agreement. Phase 2 cannot proceed without a Phase 1 review first being completed. The CLIENT can determine the number of Phase 2 audits that they wish for the CONSULT ANT to complete (typically CONSULTANT recommends roughly 33% of lodging properties for Phase 2 audit but it is up to the CLIENT to determine the number).
Phase 1: Analysis
The CLIENT will pay the CONSULTANT a fixed fee of $800 per lodging property. This fee applies to all lodging properties located in the City limits. The CONSULT ANT will invoice this upon delivery of the analysis report.
Phase 2: Audit and Compliance Review
The CLIENT will pay the CONSULTANT a fixed fee of $1,000 per lodging property reviewed unless the CLIENT does not approve the list oflodging properties for Compliance Review within 90 days of submission, in which the cost will increase to $1,200 per lodging property reviewed. The CONSULT ANT will invoice this upon delivery of the compliance report with payment to be made within thirty-days (30) of receipt of invoice.
Based on our experiences, through review oflodging properties in the initial Discovery and Audit Phase (Phase 1), our staff typically recommends approximately 33% of the lodging providers for the Phase 2 Compliance Review.
Reimbursement a/Travel Costs/or Audit Services (Visits to CLIENT) For the Transient Occupancy Tax services, the CONSULTANT will also charge the CLIENT out-ofpocket expenses for travel costs related to the performance of the audits Travel costs will not exceed $2,500 per visit. If CONSULTANT expect to spend more than $2,500 per visit, CONSULT ANT will obtain prior approval from the CLIENT for any amounts over the allotted $2,500, executed in writing. The travel costs will be invoiced to the CLIENT upon delivery of the final report to the CLIENT.
B.4 ADDITIONAL CONSULTING
CLIENT may request that CONSULTANT provide additional consulting services at any time during the term of this Agreement. If CONSULTANT and CLIENT agree on the scope of the additional consulting services requested, then CONSULTANT shall provide the additional consulting on a Time and Materials basis. Depending on the personnel assigned to perform the work, standard hourly rates range from $100 per hour to $325 per hour. These additional consulting services will be invoiced at least monthly based on actual time and expenses incurred.
Consultant's Hourly Rate Schedule
Position Hourly Rate
Legal $325
Principal $200
Project Manager/Director $175
Client Services Executive $150
Senior Analyst $125
Information Technology $175
Analyst $100
Administrative $100
84 LOsBanos
Agenda Staff Report
TO:
FROM:
Mayor Llanez & City Council Members
William A. Vaughn, City Attorney
DATE: April 19, 2023
SUBJECT: Ordinance 1202 Relating to City Manager
TYPE OF REPORT: Regular
Recommendation:
Staff recommends that the City Council consider waiving the second reading and approve the following ordinance:
ORDINANCE NO. 1202
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
Background:
On February 15, 2023 the City Council approved the employment agreement of Josh Pinheiro as City Manager for the City of Los Banos. On April 5, 2023 the City Council waived the first reading and introduced the above referenced Ordinance.
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 ITEM 10
85 employment during the term of the agreement. This provision is in conflict with the Los Banos Municipal Code which provides that:
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:
Brent Kuhn,
Interim Finance Director
Attachments:
Proposed Ordinance
Ordinance Summary
Municipal Code - Redline
86 ORDINANCE NO. 1202
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 be inconsistent or in conflict with the terms or conditions of any prior City ordinance, motion, resolution, rule or regulation governing the same subject, the terms of this Ordinance shall prevail with 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 5. 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 15601(b)(3) and is not subject to environmental review.
Section 6. This Ordinance shall go into effect and be in full force and operation thirty (30) days after its final passage and adoption. The City Clerk shall certify to the adoption of this 87 Ordinance and cause the same to be posted and published once within fifteen days after passage and adoption as may be required by law; or, in the alternative the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five days prior to the date of adoption of this Ordinance; and, within fifteen days after adoption, the City Clerk shall cause to be published, the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk.
Introduced by Council Member _ _ _ _ and seconded by Council Member _ _ ___ on the __ day of ____ , 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
88 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 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 'A'ithout right of appeal.
fGt-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.
89 THIS PAGE IS INTENTIONALLY LEFT BLANK
90 SUMMARY OF ORDINANCE NO. 1202
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
On April 5, 2023 the Los Banos City Council introduced Ordinance No. 1202, which if adopted will repeal in part and amend Section 2-3.126 of the Los Banos Municipal Code relating to city manager removal and suspension. A copy of the complete text of the Ordinance is on file with the City Clerk, at 520 J Street.
The key provision of the proposed ordinance is to eliminate the requirement of an affirmative vote of three (3) or more members of the City Council for removal and suspension of the city manager and instead defer to the applicable provisions of the city manager employment agreement.
The Ordinance shall go into effect and be in full force and operation thirty (30) days after its final passage and adoption. The City Council will consider adoption of this Ordinance at the regular City Council Meeting scheduled for April 19, 2023.
LUCILLE L. MALLONEE
CITY CLERK
91 THIS PAGE IS INTENTIONALLY LEFT BLANK
92 LOsBanos
,o (
COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT
Date: April 14, 2023
Regarding: Notice of Public Hearing
Proposal: Mobile Food Vendor Permit #2023-03- Christian Mendoza (dba Tacos El Jefe)
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 #2023-01 to allow the operation of a mobile food vending vehicle on route throughout the City of Los Banos within the public-right-of way for Christian Mendoza dba Tacos El Jefe.
A PUBLIC HEARING on this matter will be held at the next scheduled meeting of the Los Banos Planning Commission on Wednesday, April 26, 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
F LOS BANOS
Rudy ~
Associate Planner
ITEM 11
93