Los Banos City Council
August 2, 2023

1 LOsBanos
A rossroa J _.ilifc
www.losbanos.org
AGENDA

CITY COUNCIL MEETING

CITY HALL COUNCIL CHAMBERS
520 J Street
Los Banos, California
AUGUST 2, 2023 - 6:00 PM
Live stream on YouTube at:
https://www.youtube.com/@losbanos406 ............................................................... .

If you require special assistance to attend or participate in this meeting, please call the City Clerk's Office @ (209) 827-7000 at least 48 hours prior to the meeting.

The City of Los Banos complies with the Americans with Disabilities Act (ADA) of 1990. * * * * * * * ** * * * * * * *
Si requiere asistencia especial para atender o participar en esta junta por favor /lame a la oficina de la Secretaria de la ciudad al (209) 827-7000 a lo menos de 48 horas previas de la junta.

La Cuidad de Los Banos cumple con ta Acta de Americanos con Deshabilidad (ADA) de 1990. : ............................................... , .............................................................................................................................................................................. ....... ........ , ............................................. ! r-········ Any writings or documents provided to a majority of the City C~unci;··········· ................ ] regarding any item on this agenda will be made available for public inspection at the meeting and in the City Clerk's office located at City Hall, 520 J Street, Los Banos, California during normal business hours. In addition, such writings and documents may be posted on the City's website at www.losbanos.org.
* * * * * * * * * * * * * * * *
Cua/quier escritura o los documentos proporcionaron a una mayorfa def Ayuntamiento respecto a cualquier artfcu/o en este orden def dia sera hecho disponible para la inspecci6n publica en la reunion y en la oficina de la Secretaria de la ciudad en City Hall, 520 J Street, Los Banos,
California durante horas de oficina normales. Ademas, tales escrituras y los documentos i ................................ ~~:.~~~ .. ~~~ .. ~?.~?..~~~?.~~ .. ~?. .. :'. .. ~:~~!.t.: .. ~: .. '.~ ... ~i.~?.~.~ .. ~.?. ... ~:'.?.~~~~?.~.·.?.:.?.: .................................. :
iPlease note: The Brown Act provides the public with an opportunity to make public comment at any public meeting. As an alternative for in-person comments, written public comment may be made by e-mail to [email protected] or delivered to the City Clerk at City Hall, 520 J Street three (3) hours prior to the scheduled time of the meeting. Comments received will not be read aloud at the meeting, but shall be distributed to the City Council via e-mail and added to the agenda packet on the City's website for public review. Agenda packets can be found on the City's website. a~ the followil')g_ lin_k: https://losbanos.org/category/city-council/ Los Banos City Council Agenda -August 2, 2023 Page 1 of 4 2 1. CALL TO ORDER - August 2, 2023 6:00 PM

2. PLEDGE OF ALLEGIANCE.

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

4. CONSIDERATION OF APPROVAL OF AGENDA.

Recommendation: Adopt the agenda as submitted.

5. PRESENTATIONS.

A. Proclamation - Recognizing the Retirement of City of Los Banos Police Services Manager Brenda Geary.

B. Certificate of Recognition - Employee of the Month for June 2023 - Kim Tomas, Finance Manager.

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 #239964 - #240152 in the Amount of $2,167,226.24.

Recommendation: Approve the check register as submitted.

B. Fourth Quarter Investment Report for the 2022/2023 Fiscal Year.

Recommendation: Accept the report as submitted.

C. City Council Resolution No. 6673 - Agreeing to the Cost Share for the SB244 Technical Analysis Portion of the Multi-Jurisdictional Housing Element.

Recommendation: Adopt the resolution as submitted.

D. City Council Resolution No. 6674 - Rejecting All Bids for the Construction of the Downtown Gateway Sign.

Recommendation: Adopt the resolution as submitted.

Los Banos City Council Agenda - August 2, 2023 Page 2of4 pg. 5
pg. 7
pgs. 9-12
pgs. 13-28
pgs. 29-40
pgs. 41-46
3 E. City Council Resolution No. 6675 - Authorizing the City Manager to Sign the Memorandum of Understanding for Emergency Medical Services between the City of Los Banos and the Los Banos Unified School District through June 30, 2024.

Recommendation: Adopt the resolution as submitted.

8. AMERICAN RESCUE PLAN ACT (ARPA) - RAD CARD AND SMALL BUSINESS ASSISTANCE GRANT PROGRAM UPDATE.

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

9. CONSIDERATION OF CREATING AN IMPROVEMENT STANDARDS AND

SPECIFICATIONS TECHNICAL ADVISORY COMMITTEE & A COMMUNITY DESIGN STANDARDS TECHNICAL ADVISORY COMMITTEE.

A. City Council Resolution No. 6676 - Creating an Improvement Standards and Specifications Technical Advisory Committee.

B. City Council Resolution No. 6677 - Creating a Community Design Standards Technical Advisory Committee.

Recommendation: Receive staff report and adopt the resolutions as submitted.

10. ADVISEMENT OF PUBLIC NOTICES. (No Report)
Recommendation: Informational item only, no action to be taken.

11. CITY MANAGER REPORT.

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

12. 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.

13. CITY COUNCIL MEMBER REPORTS.

A. Brett Jones - District 3
B. Deborah Lewis - District 4
C. Kenneth Lambert - District 1
D. Douglas Begonia, Jr. - District 2
E. Paul Llanez - Mayor
Los Banos City Council Agenda - August 2, 2023 Page3 of4 pgs. 47-54
pgs. 55-58
pgs. 59-66
4 14. CLOSED SESSION - Public Employee Performance Evaluation, Title: City Attorney, Pursuant to Government Code Section 54957.

15. 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 2.7 th day of July 2023
Los Banos City Council Agenda - August 2, 2023 Page 4 of4 5 LOs Banos
, nic

PROCLAMATION

RECOGNIZING THE RETIREMENT OF

CITY OF LOS BANOS

POLICE SERVICES MANAGER BRENDA GEARY
WHEREAS, Brenda Geary was hired as a Police Services Manager by the City of Los Banos on July 20, 2015; and
WHEREAS, Brenda Geary has contributed tremendously throughout her career to the community of Los Banos with her knowledge and commitment to her job; and WHEREAS, during her se-rvice to the Los Banos Community, Brenda Geary was known as a dedicated and integral part of the Los Banos Police Department's Administrative team; and
WHEREAS, Brenda Geary began her career 25 years ago and has served her community and employer, faithfully; and
WHEREAS, Brenda Geary retired from the City of Los Banos as a Police Services Manager on August 1, 2023 with 8 years of service as a City employee.

NOW, THEREFORE, BE IT PROCLAIMED that the Mayor and City Council Members of the City of Los Banos do hereby commend Brenda Geary on her dedication and loyalty to the City of Los Banos and congratulate her on her retirement.

BE IT FURTHER PROCLAIMED that this proclamation was presented to Brenda Geary at the City Council Meeting held on August 2, 2023.

In witness whereof, I have hereunto set my hand
and caused to be affixed the seal of the City of Los
Banos, this 2nd day of August 2023.

APPROVED:

Paul Llanez, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
ITEM 5A

THIS PAGE IS INTENTIONALLY LEFT BLANK
6 7
CERTIFICATE OF RECOGNITIOl\T
<Presented rfo

KIM TOMAS
Finance Manager
In recognition of your outstanding peiformance
and dedicated service to the City of Los <.Banos and
for 6eing named "P,mpfoyee of the :Month "for June 2023. <Pau( Llanez, :Mayor
(J)atea: }lugust 2, 2023
LOsBanos , , Cross "11ls1!fC,dift1111ia
ITEM 5B

THIS PAGE IS INTENTIONALLY LEFT BLANK
8 9
CK# 239964 - # 240152 08/02/2023 $2,167,226.24
Check Report Li~o/ B os anos
Check by Date <-~ ! ::; ( ~;·css:lt~.:! "'r -r_·:1~:J T-J,-:,_~! . .-; Number Payment Date Vendor Name Payment Type Void Payment Amount 239964 07/14/2023 AAA Business Supplies Regular 445.50
239965 07/14/2023 Amsoil Inc. Regular 3,879.59
239966 07/14/2023 Animal Damage Management, Inc. Regular 175.00 239967 07/ 14/2023 Anthony Gomes Regular 6,826.00
239968 07/14/2023 Apex Annex Health Center, Inc. Regular 314.00 239969 07/14/2023 Aramark Uniform Ser Inc Regular 2,690.56 239972 07/14/2023 AramarkUniform & Career Apparel Group, Inc. Regular 341.38 239973 07/14/2023 AT&T Mobility Regular 729.71
239974 07/14/2023 AT&T Regular 1,646.21
239975 07/14/2023 AT&T Regular 85.60
239976 07/14/2023 Dorothy June Baker Regular 392.81
239977 07/14/2023 Best Best & Krieger Regular 90.00
239978 07/14/2023 Bound Tree medical LLC Regular 2,155.66 239979 07/14/2023 Brinks Inc. Regular 806.54
239980 07/14/2023 Bruce's Tire Inc Regular 9,307.01
239981 07/14/2023 BSK Associates Regular 4,870.65
239982 07/14/2023 CDWLLC Regular 672.86
239983 07/14/2023 Ca Dept of Justice Cashiering Unit Regular 676.50 239984 07/14/2023 Jesse Ceja Regular 1,065.12
239985 07/14/2023 CEP America California Regular 792.00 239986 07/14/2023 Manuel A Avila Regular 222.06
239987 07/14/2023 Central Sanitary Supply, LLC Regular 798.26 239988 07/14/2023 Central Valley Concrete Inc. Regular 4,745.31 239989 07/ 14/2023 Comcast Regular 209.06
239990 07/14/2023 CPCA Regular 1,702.00
239991 07/14/2023 Covanta Holding Company Regular 401.10 239992 07/14/2023 Craigo Investments Inc. Regular 2,569.31 239993 07/14/2023 Dos Palos Publishing Company Regular 52.00 239994 07/14/2023 F S Rod Inc Regular 5,840.00
239995 07/14/2023 Federal Express Corporation Regular 27.02 239996 07/14/2023 Ferguson Enterprises Inc DBA Groeniger & Company Regular 684.73 239997 07/14/2023 Fun Express LLC Regular 511.22
239998 07/14/2023 Galvin Preservation Associates, Inc. Regular 56,122.92 239999 07/ 14/2023 GoTo Communications, Inc. Regular 3,010.93 240000 07/14/2023 Granite Rock Company Regular 5,500.00 240001 07/14/2023 Halcyon Creek Inc. · Regular 2,090.18 240002 07/14/2023 Helena Chemical Co Inc Regular 1,427.34 240003 07/14/2023 Henley Pacific, LLC Regular 153.53
240004 07/14/2023 Holt of California Regular 2,793.06
240005 07/14/2023 InfoSend Inc. Regular 7,230.28
240006 07/ 14/2023 Jerry Witt Regular 2,389.00
240007 07/14/2023 Kimball Midwest Regular 248.29
240008 07/14/2023 Krazan & Associates Regular 1,040.00
240009 07/14/2023 Lucas Business Systems Regular 621.84 240010 07/14/2023 M.A.K. Associates Inc. Regular 17,800.00 240011 07/14/2023 Marfab Inc Regular 205.17
240012 07/14/2023 Ivan Mendez Regular 1,456.68
240013 07/14/2023 Merced County Regional Waste Management Authority Regular 4,202.36 240014 07/14/2023 Miracle Playsystems, Inc. Regular 14,404.68 240015 07/14/2023 Sam Morales Regular 2,652.00
ITEM 7A
10 240016 07/14/2023 Municipal Maintenance Equipment, Inc. Regular 90.51 240017 07/14/2023 Napa Auto Parts of Los Banos Regular 30.49 240018 07/14/2023 Nossaman, LLP Regular 22,560.50
240019 07/14/2023 OSE Regular 763.92
240020 07/14/2023 O'Reilly Auto Parts Regular 533.81
240021 07/14/2023 Outfront Media Inc. Regular 12,000.00 240022 07/14/2023 Pace Supply Corp. Regular 1,776.67
240023 07/14/2023 Pacific Landscape Supply, Inc. Regular 2,529.00 240024 07/14/2023 PlayPower LT Farmington, INC. Regular 292.08 240025 07/14/2023 Teresa Provencio Regular 129.00
240026 07/14/2023 Protech Security & Electronics, Inc. Regular 223.26 240027 07/14/2023 Riggs Ambulance Service Regular 459.08 240028 07/14/2023 Sonis Rocha Regular 80.00
240029 07/14/2023 SNAPCD Regular 40.00
240030 07/14/2023 Save Mart Supermarkets Regular 73.06
240031 07/14/2023 SHI International Corp Regular 5,307.08 240032 07/14/2023 Shred-It US N LLC Regular 415.03
240033 07/14/2023 Frank Silveria Regular 399.00
240034 07/14/2023 Springbrook Software, Inc. Regular 2,445.00 240035 07/14/2023 Sorensens True Value Regular 671.56
240036 07/14/2023 Sorensens True Value Regular 777.73
240037 07/14/2023 State Water Resources Control Board Regular 60.00 240038 07/14/2023 Sun Life Financial Regular 7,195.17
240039 07/14/2023 Talley Oil Inc. Regular 2,960.97
240040 07/14/2023 Triangle Rock Products Regular 120.94 240041 07/14/2023 United Rotary Brush Corp. Regular 6,822.02 240042 07/14/2023 Verizon Wireless Regular 904.85
240043 07/14/2023 Verity Sanitation Supply, LLC Regular 465.34 240044 07/14/2023 VFW & American Legion Regular 30.00
240045 07/14/2023 Emily Ann Vogel Regular 80.00
240046 07/14/2023 Windecker Inc Regular 24,138.72
240047 07/14/2023 Youth Evolution Activites Regular 586.95 240048 7/14/2023 Deanna Aguilar Regular 52.80
240049 7/14/2023 Rebecca Allen Regular 70.55
240050 7/14/2023 Linda Arechiga Regular 75.70
240051 7/14/2023 Maria Beltran Pena Regular 15.80
240052 7/14/2023 Blossom Valley Realty Regular 114.96
240053 7/14/2023 Blossom Valley Realty Regular 95.33
240054 7/14/2023 Blossom Valley Realty Regular 167.29
240055 7/14/2023 DLP Real Estate, Inc. Regular 141.12
240056 7/14/2023 Frederick Duke Regular 111.68
240057 7/14/2023 Marcos Fuentes Regular 42.73
240058 7/14/2023 Christina Fulkerson Regular 67.84
240059 7/14/2023 Ashley Gamboa Regular 95.32
240060 7/14/2023 Segundo Gonzalez C. Regular 150.93
240061 7/14/2023 Home Sweet Home Property Management Co. Regular 67.21 240062 7/14/2023 Eldridge Johns Regular 72.42
240063 7/14/2023 Paul Kincaid Regular 79.23
240064 7/14/2023 Little Diamond's Pizza Regular 26.71
240065 7/14/2023 Brooke Lopez Regular 82.25
240066 7/14/2023 Flavia Lopez-Cortes Regular 150.93
240067 7/14/2023 Rocio Maldonado Regular 29.91
240068 7/14/2023 Michelle Markovics Regular 22.05
240069 7/14/2023 MHP Builders Inc Regular 168.37
240070 7/14/2023 Ye Naidu Regular 134.58
240071 7/14/2023 Shelby Parry Regular 33.19
240072 7/14/2023 Sonia Perez Regular 76.50
240073 7/14/2023 RBG Construction Regular 171.54
240074 7/14/2023 RBG Construction Regular I 71.54
11 12
240140 07/21/2023 Smith & Loveless Inc Regular 2,525.96 240141 07/21/2023 Natalie Sobalvarro Regular 750.00
240142 07/21/2023 Sorensens True Value Regular 155.61
240143 07/21/2023 Sorensens True Value Regular 51.09
240144 07/21/2023 Swinerton Builders Regular 1,389,310.72 240145 07/21 /2023 Stonefield Homes, Inc. Regular 1,690.07 240146 07/21/2023 Technicon Engineering Services, Inc. Regular 713.00 240147 07/21/2023 Paul Tualla Regular 79.32
240148 07/21/2023 Vanir Construction Management, Inc. Regular 109,493.17 240149 07/21 /2023 Verizon Wireless Regular 232.06
240150 07/21/2023 Westamerica Bank - Cafeteria Plan Regular 78,328.08 240151 07/21/2023 Westside Water Conditioning Regular 193.50 240152 07/21 /2023 Young's Air Conditioning Regular 386.00 Break in check sequence due to the following:

Check #239970 - #239971 (Manual Void) Payment Type Payment Check #240085 - #240090 (Payroll) Regular Checks 181 2,167,226.24 Manual Checks 0 0.00
Voided Checks 0 0.00
181 2,167,226.24
13 Lityof B os anos
TO:

FROM:

DATE:

I 'I
Agenda Staff Report
Mayor City Council Members
Kim Tomas, Finance Manager @
August 2, 2023
TYPE OF REPORT: Consent Agenda
SUBJECT: Fourth Quarter Investment Report for 2022/2023 Recommendation:

To accept the quarterty investment report as submitted.

Background:

The City of Los Banos follows its investment policy to assure that it invests all surplus inactive monies in a manner which ensures a maximum return consistent with safety on such investments while maintaining the integrity of such surplus and inactive funds. A quarterly investment report provides proof that City funds are invested in such a manner. It includes all investments except funds held by the City's trustees. Funds held by trustees include bond reserve funds, deferred compensation plans, and other post retirement benefit funds.

Fiscal Impact:

Informational only, no fiscal impact.
.___.-,,,,.

Brent Kuhn, Interim Finance Director
Attachments:

City of Los Banos Fourth Quarter 2022/2023 Investment Report ITEM 7B

THIS PAGE IS INTENTIONALLY LEFT BLANK
14 LOsBanos
At the Crossroads of California
In accordance with Government Code Section 53646 and the City of Los Banos Investment Policy, the following shall constitute the quarterly report of investments on behalf of the City of Los Banos:

Investment Balances
As of June 30, 2023
Amount Annual
Type of Investment Issuer Maturity Invested Percentage
Yield
LAIF(LocalAgency State of Daily $51,378,212 3.17%
Investment Fund) California effective yield
Bonds, Treasury Money
Market Funds and CD's Wells Fargo Staggered $85,494,898 5.01% (Certificate of Deposits) Securities 5 years simple yield Investment Balance: $136,873,110

1. As of the date of this report, the majority of the City of Los Banos funds are invested in the State of California Local Agency Investment Fund (LAIF), in accordance with section 16429.1 of the Governmental Code.

2. As of the date of this report, the remainder of the City of Los Banos' funds are deposited in Corporate Bonds, and various FDIC insured Certificates of Deposits held with Wells Fargo Securities, LLC.

Therefore, as provided by Governmental Code Section 53646 (e) attached are the most recent statement(s) received by the City of Los Banos.

3. The portfolio of the City of Los Banos is in compliance with the City of Los Banos' Investment Policy.

4. The investment balances are reconciled monthly to the General Ledger by the Finance Department.

5. It is expected that the City will be able to meet its projected expenditure requirements for the next six months.
15 THIS PAGE IS INTENTIONALLY LEFT BLANK
16 7/26/23, 10:19 AM
California State Treasurer
Fiona Ma; CPA
Local Agency Investment Fund
P.O. Box 942809
Sacramento, CA 94209-0001
(916) 653-3001

CITY OF LOS BANOS

CITY TREASURER
5201 STREET
LOS BANOS, CA 93635
Account Number:

June 2023 Statement
Account Summary_
Total Deposit:

Total Withdrawal:

LAIF Regular Monthly Statement
July 26, 2023
LAIF Home
PMIAAverage MonthlY.

Yields
Tran TY.P-e Definitions

0.00 Beginning Balance:

0.00 Ending Balance:
51,378,211.92
51,378,211.92
17 THIS PAGE IS INTENTIONALLY LEFT BLANK
18 :( .. ¥E.,
~----l .. - ... ___ ...
,_.

PMIA/LAIF Performance Report
as of 07/19/23
Quarterly Performance
Quarter Ended 06/30/23
PMIA Average Monthly
Effective Yields<1l
LAIF Apportionment Rate12l:

LAIF Earnings Ratio12l:

LAIF Administrative Cost11J*:

LAIF Fair Value Factor11l:

PMIA Daily11l:

PMIA Quarter to Date11l:

PMIA Average Life11l:

3.15 0.00008636172883763
TBD

0.984828499

3.26 3.01
260
June
May
April
March
February
January
Pooled Money Investment Account
Monthly Portfolio Composition 1
11 06/30/23
$178.4 billion
Corporate
Bonds

0.26%
Certificates of
Deposit/Bank Notes

7.51%
Agencies

21.77%

3.167

2.993

2.870

2.831

2.624

2.425
Treasuries

63.08%
Chart does not include $2,861,000.00 in mortgages, which equates to 0.002%. Percentages may not total 100% due to rounding.

Daily rates are now available here. View PMIA Daily Rates Notes: The apportionment rate includes interest earned on the Ca/PERS Supplemental Pension Payment pursuant to Government Code 20825 (c)(1) and interest earned on the Wildfire Fund loan pursuant to Public Utility Code 3288 (a). "The percentage af administrative cost equals the total administrative cast divided by the quarterly interest earnings. The Jaw provides that administrative costs are not to exceed 5% of quarterly EARNINGS of the fund. However, if the 13-week Daily Treasury Bill Rate on the last day of the fiscal year is below 1%, then administrative costs shall not exceed 8% of quarterly EARNINGS of the fund for the subsequent fiscal year.

Source:
1 11 State of California, Office of the Treasurer
1 2> State of Calfiornia, Office of the Controller
19 THIS PAGE IS INTENTIONALLY LEFT BLANK
20 ■ Wells Fargo Bank, N.A.

PO BOX 5120
SIOUX FALLS, SD 57117-5120
1-800-645-3751

BR STMT
~

CITY OF LOS BANOS
520 J ST
LOS BANOS, CA 93635
Enclosed is your Wells Fargo Bank, N.A. account statement. If you have elected Wells Fargo Bank, N.A. (WFB) as the safekeeping agent for your securities, then also enclosed is 1) a separate WFB safekeeping statement and 2) a page summarizing activity and investments in your WFBNA account and its related WFB account.

If you have multiple WFBNA accounts and have requested "house-holding," we have included the statements that pertain to those accounts in this single envelope.

Investments, other than Brokered Certificates of Deposits, are not FDIC insured, may lose value, and are not bank guaranteed - see Important disclosures on the reverse of your account summary page. 21 Wells ■ Fargo Bank, N.A.
45 FREMONT ST
FLOOR 34
SAN FRANCISCO, CA 94105-2204

WILLIAMS/LEWIS
1-415-644-9152
Combined Summary
Brokerage Account and Bank Account
Statement Period
06/01/2023 - 06/30/2023
CITY OF LOS BANOS Account Number
Total Account Value Summary -us Dollar (USDJ This summary does not reflect !he -------------------------------------value of unpriced securities.

Amount Last Amount This % Repurchase agreements are reflectec Statement Period Statement Period Portfolio at par value.

Cash $ 0.00 $ 0.00 0%
Money Market Mutual Funds 85,136,486.11 85,494,897.69 100% Bonds 0.00 0.00 0%
Stocks 0.00 0.00 0%
Total Account Value $ 85,136,486.11 $ 85,494,897.69 100% Value Change Since Last Statement Period
Percent Increase Since Last Statement Period
$ 358,411.58
0%
Value Last Year-End $ 83,613,281.62
Percent Increase Since Last Year-End 2%
•••includes amortized Par value of municipal leases and notes.

Total Income Summary uso
Interest
Dividends/Capital Gains
Money Market Mutual Funds Dividends
Other
Income Total
Total Interest Charged uso
Description
Debit Interest For June 2023
$
$
This Period

0.00 0.00
358,411.58

0.00 358,411.58
Year-To-Date
$ 0.00

0.00 1,881,616.07

0.00 $ 1,881,616.07
This Period

0.00 Total Interest Charged $ 0.00
Total Money Market Mutual Funds Summary uso
Description
Opening Balance
Deposits and Other Additions
Distributions and Other Subtractions
Dividends Reinvested
Change in Value
Closing Balance
$
$
Amount
85, 136,486.11

0.00 0.00
358,411.58

0.00 85,494,897.69
22 Wells ■ Fargo Securities, LLC
45 FREMONT ST
FLOOR 34
SAN FRANCISCO, CA 94105-2204

WILLIAMS/LEWIS
1-415-644-9152
Brokerage Account Statement
Wells Fargo Securities, LLC

CITY OF LOS BANOS

Statement Period
06/01/2023 - 06/30/2023
Account Number
Account Value Summary uso This summary does not reflect the ---------------------------------------value of unpriced securities.

Amount Last Amount This ¾ Repurchase agreements are reflectec Statement Period Statement Period Portfolio at par value.

Cash $
Money Market Mutual Funds
Bonds
Stocks
Total Account Value $
Value Change Since Last Statement Period
Percent Increase Since Last Statement Period
Value Last Year-End
Percent Increase Since Last Year-End
Income Summary uso
Interest
Dividends/Capital Gains
Money Market Mutual Funds Dividends
Other
Income Total
Interest Charged uso
Description
Debit Interest For June 2023
Total Interest Charged
$
$

0.00 $ 0.00 0%

0.00 0.00 0%

0.00 0.00 0%

0.00 0.00 0%

0.00 S 0.00 0%
$ 0.00
$
This Period

0.00 $

0.00 0.00

0.00 0.00 $
$
NIA

0.00 N/A
Year-To-Date

0.00 0.00

0.00 0.00

0.00 This Period

0.00 0.00
Money Market Mutual Funds Summary uso
Description
Opening Balance
Deposits and Other Additions
Distributions and Other Subtractions
Dividends Reinvested
Change in Value
Closing Balance
$
$
Amount

0.00 0.00

0.00 0.00

0.00 0.00
23 Important Information
This statement is provided to customers of Wells Fargo Securities, LLC ('WFS"), or customers of affiliated broker-dealers whose accounts are introduced to and carried by WFS. Statements are provided monthly for accounts with transactions and/or security positions. The account statement contains a list of securities held in custody by WFS as of the statement date and provides details of purchase and sale transactions, the receipt and disbursement of cash and securities, and other activtties relating to the account during the statement period.

For WFS customers who choose to maintain a safekeeping account at Wells Fargo Bank, N.A. ("Bank"), this statement is accompanied by a separate Bank safekeeping statement. The Bank safekeeping statement. if applicable, contains a list of securities held in safekeeping by the Bank as of the statement date.

Pricing: Security and other asset prices shown on the statement are obtained from independent vendors or internal pricing models. While we believe the prices are reliable, we cannot guarantee their accuracy. The prices indicated herein are as of the stated valuation date, which may not be the date of this statement, and are subject to change without notice. For exchange-listed securities, the price provided is the closing price at month end. For unlisted securities, it is the "bid" price at month end. The prices of CDs that mature in one year or less are shown at last price traded. The prices of CDs that mature in greater than one year and of other instruments Ilia! trade infrequently are estimated using similar securities for which prices are available. Prices on the statement may not necessarily be obtained when the asset is sold.

Brokered CD Pricing: Like bonds, brokered CDs are subject to price fluctuation and the value of a CD, if sold prior to maturity, may be less than at the lime of its purchase. Significant loss of principal could result. While WFS generally makes a market in CDs it underwrites, the secondary market for CDs that it does not underwrite may be very limited. In those cases, WFS will use its best efforts to help investors find a buyer.

SIPC: WFS is a member of the Securities Investor Protection Corporation ("SIPC"). In the event of insolvency or liquidation of WFS, securities held in safekeeping at WFS are covered by SIPC against the loss, but not investment risk, up to a maximum of $500,000 per customer, which includes a $250,000 limit on claims for cash held in the account. SIPC protection does not provide any protection whatsoever against investment risk, including the loss of principal on an investment. This coverage does not apply to securities held in safekeeping by the Bank. Additional information about SIPC, including a SIPC brochure, may be obtained by .visiting www.sipc.org or by calling SIPC at 1-202-371-8300.

FINRA BrokerCheck Program: WFS is a member of the Financial Industry Regulatory Authority (FINRA). Under its BrokerCheck program, FINRA provides certain information regarding the disciplinary history of broker/dealers and their associated persons.

Information can be obtained from the FINRA BrokerCheck program hotline number (1-800-289-9999) or the FINRA website
(www.finra.org). A brochure describing the FINRA BrokerCheck program will be furnished upon written request.

Free Credit Balances: Any customer free credit balances may be used in the business of WFS subject to limitations imposed by Rule 15c3-3 under the Securities Exchange Act of 1934. On demand, a customer has the right to receive delivery of the following: any free credit balances to which he or she is entitled, any fully paid securities to which he or she is entitled, and any securities purchased on margin upon full payment of indebtedness to WFS.

Equity Order Routing: WFS customers may request additional order routing information with respect to SEC Rule 606 by contacting their WFS sales representative. There are two reports available to WFS customers under amended Rule 606: (i) the 606(b)(1) held ondemand customer report and (ii) the 606(b)(3) not held on-<lemand customer report in the six months prior to the request. These reports can be found at https:/lwww.wellsfargo.com/com/securities/regulalory Equity Extended Hours Trading: See important information relating to equities trading before and after regular trading hours at:
www.wellsfargo.com/com/securities/regu!atory.

Equity Open Orders: Open orders will remain in effect until executed or canceled by you. Failure to cancel an open order may result In the transaction being executed for your account. WFS has no responsibility to cancel an open order at its own initiative.

Dividend Reinvestment: In any dividend reinvestment transaction, WFS acted as agent. Additional information regarding transactions of this nature will be furnished to a customer upon written request.

Account Transfers: A fee will be charged to customers transferring their existing WFS account to another broker/dealer or any other financial institution.

Non-deposit investment products recommended, offered or sold by WFS, including mutual funds, are not federally Insured or guaranteed by or obligations of the Federal Deposit Insurance Corporation ("FDIC"), the Federal Reserve System or any other agency; are not bank deposits; are not obligations of, or endorsed or guaranteed in any way by any bank or WFS; and are subject to risk, including the possible loss of principal, that may cause the value of the investment and Investment return to fluctuate.

When the investment is sold, the value may be higher or lower than the amount originally invested. WFS is a subsidiary of Wells Fargo & Company, is not a bank or thrift, and is separate from any other affiliated bank or thrift. WFS is a registered broker-dealer and member of FINRA. No affiliate of WFS is responsible for the securities sold by WFS.

Trade Confirmations: Investment purchases and sales are subject to the terms and conditions stated on the trade confirmation relating to that transaction. In the event of a conflict between the trade confirmation and this statement, the trade confirmation will govern.

Listed Options: Commissions and other charges related to the execution of listed option transactions have been included in confirmations of such transactions that have been previously furnished and are available upon request. Promptly advise your WFS sales representative of any material change in your investment objectives or financial situation.

Financial Statements: WFS financial statements are available upon request.

Customer Complain"5 and Reporting Discrepancies:

Customer complaints, statement reporting inaccuracies or discrepancies should be prompUy reported in writing lo:

Customer Service
90 South 7th Street
5th Floor, MAC N9305-05F
Minneapolis, MN 55402
wfscustomerservice@wellsfar!10.com
in the event your account is introduced to WFS by an affiliated broker-dealer as indicated on page 1 of your statement, you should also send a copy of your written correspondence to that introducing broker-<lealer at the address appearing on that page.

Customers may also report complaints, inaccuracies or
discrepancies by calling 1-800-645-3751 option 5. To further protect their rights, including rights under the Securities Investor Protection Act, customers should also re-confirm in writing to the above address any oral communications with WFS relating to the inaccuracies or discrepancies.

Mutual Funds: Institutional Prime and Institutional Tax Exempt money market mutual funds are required to price and transact at a net asset value ("NAV") per share that fluctuates based upon the pricing of the underlying portfolio of securities and this requirement may impact the value of those fund shares. Addttionally, Institutional Prime and institutional Tax-Exempt funds may be subject to redemption fees and/or gates that can affect the availabmty of funds invested.

Mutual funds are sold by prospectus, which includes more complete information on risks, charges, expenses and other matters of interest.

Investors should read the prospectus carefully before investing.

Muni Substitute Interest: With respect to transactions involving your purchase of a municipal security having interest that is exempt from federal and/or state income taxes, if you do not receive good delivery of such securities on settlement date (i.e .. all requirements for transferring title from the seller to the buyer have occurred), the interest that you accrue from the settlement date of the transaction until you receive good delivery may be considered by the I ntemal Revenue Service ("IRS") to be taxable ("substitute") interest. If you sell such securities before receiving good delivery, the IRS may consider all of the Interest that you accrue to be taxable. You should consult with your tax advisors regarding the tax implication of any such fail to receive scenario.
24 ■ Wells Fargo Bank, N.A.
45 FREMONT ST
FLOOR 34
SAN FRANCISCO, CA 94105-2204

WILLIAMS/LEWIS
1-415-644-9152
Bank Account Statement
Wells Fargo Bank, N.A.

CITY OF LOS BANOS

Statement Period
06/01/2023 - 06/30/2023
Account Number
Account Value Summary uso This summary does not reflect the -------------------------------------value of unpriced securities. Amount Last AmountThis % Repurchase agreements are reflectec Sta1ement Period Statement Period Portfolio at par value.

Cash $ 0.00 $ 0.00 0%
Money Market Mutual Funds 85,136,486.11 85,494,897.69 100% Bonds 0.00 o.oo 0%
Stocks 0.00 0.00 0%
Total Account Value S 85,136,486.11 $ 85,494,897.69 100% Value Change Since Last Statement Period
Percent Increase Since Last Statement Period
Value Last Year-End
Percent Increase Since Last Year-End
Income Summary uso
Interest
Dividends/Capital Gains
Money Market Mutual Funds Dividends
Other
Income Total
Interest Charged uso
Description
Deoiflnterest For June 2023
Total Interest Charged
$
$
$ 358,411.58
$
This Period

0.00 0.00
358,411.58

0.00 358,411.58
0%
83,613,281.62
2%
Year-To-Date
$ 0.00

0.00 1,881 ,616.07

0.00 $ 1,881,616.07
This Period

0.00 $ 0.00
Money Market Mutual Funds Summary uso
Description
Opening Balance
Deposits and Other Additions
Distributions and Other Subtractions
Dividends Reinvested
Change in Value
Closing Balance
$
$
Amount
85, 136,486.11

0.00 0.00
358,411.58

0.00 85,494,897.69
25 Important Information
This statement is provided to customers of Wells Fargo
Bank, N.A. (the "Bank"). Statements are provided
monthly for accounts with transactions and/or security
positions.

Pricing: Security and other asset prices shown on the
statement are obtained from independent vendors or
internal pricing models. While we believe the prices are reliable, we cannot guarantee their accuracy. The prices indicated herein are as of the stated valuation date,
which may not be the date of this statement, and are
subject to change without notice. For exchange-listed
securities, the price provided is the closing price of the relevant security at month end. For unlisted securities, it is the "bid" price of the relevant security at month end.

The prices of instruments that trade infrequently are
estimated using similar securities for which prices are available. Prices on the statement may not necessarily
be obtained when the asset is sold.

Cash Balances: Cash held at the Bank is not covered by
SIPC, but is instead eligible for FDIC insurance of up to $250,000 per depositor, per institution, in accordance
with FDIC rules.

Mutual Funds: You have the right, in the course of
normal business operations, to withdraw balances in the Bank Deposit Sweep or redeem shares of the money
market mutual fund used in the sweep, subject to any
open commitments in any of your accounts and have
the proceeds returned to your accounts or remitted to
you. Note, however, that as required by federal banking regulations, the banks in the Bank Deposit Sweep
reserve the right to require seven days prior notice
before permitting a transfer out of the Bank Deposit
Sweep. In addition, the money market mutual funds in
the sweep reserve the right to require one or more
day's prior notice before permitting withdrawals.

The Bank makes certain money market m_utual funds
available through the Bank Deposit Sweep and has
entered into agreements with the mutual fund
companies with respect to the available funds. Mutual
funds are sold by prospectus only. Please read the
prospectus for further information including sales
charges, deferred sales charges, withdrawal charges and management or other fees.

Muni Substitute Interest: With respect to transactions
involving your purchase of a municipal security having
interest that is exempt from federal and/or state
income taxes, if you do not receive good delivery of
such securities on settlement date (i.e., all requirements for transferring title from the seller to the buyer have occurred), the interest that you accrue from the
settlement date of the transaction until you receive
good delivery may be considered by the Internal
Revenue Service ("IRS") to be taxable ("substitute")
interest. If you sell such securities before receiving good delivery, the IRS may consider all of the interest that you accrue to be taxable. You should consult with your tax
advisors regarding the tax implication of any such fail to receive scenario.

Non-deposit investment products offered or sold by
the Bank, including investments in mutual funds
available through the Bank, are not federally insured or guaranteed by or obligations of the U.S. government,
the Federal Deposit Insurance Corporation ("FDIC"),
the Federal Reserve System or any other government
agency; are not bank deposits; are not obligations of,
or endorsed or guaranteed in any way by any bank or
the Bank; and are subject to risk, including the possible loss of principal, that may cause the value of the
investment and the investment return to fluctuate.

When the investment is sold, the amount may be
higher or lower than the amount originally invested.
1-'age 2 ot 3
Customer Complaints and Reporting Discrepancies: All
inquiries, statement reporting inaccuracies or
discrepancies, or complaints regarding your account or
the activity therein should be directed to:

Customer Service
90 South 7th Street
5th Floor, MAC N9303-054
Minneapolis, MN 55402
1-800-645-3751, option 5,
[email protected].

To further' protect their rights, customers should also reconfirm in writing to the above address any oral communications with the Bank relating to inaccuracies
or discrepancies.

The Bank's financial statements are available upon
request.
26 CITY OF LOS BANOS
Account Number:

Money Market Fund Activity
Goldman FS Gov Inst 465
*As of June 30, 2023
USD
Transaction
Date
06/01/23
Activily
Beginning Balance
Reinvest
Ending Balance
Dividend paid
this period
358,411.58
Shares Price

1.0000
358,411.58000

1.0000
7 day•
simple yield

5.010%
Market Value ($)
85, 136,486.11
85,494,897.69
Statement Ending:
30 day*
simple yield

5.010%
Dividend Amount
358,411.58

June 30, 2023
Share Balance
85,136,486.11000
85,494,897.69000
85,494,897.69000
27 THIS PAGE IS INTENTIONALLY LEFT BLANK
28 LOsBanos
Ai tl1e lrossrouds Of Ctd~fot nia
Agenda Staff Report
TO: Mayor Llanez and City Council Members
FROM:

DATE:

Stacy Souza Elms, Community and Economic Development Directo~ August2,2023
TYPE OF REPORT: Consent Agenda
SUBJECT: Authorizing Cost Share Agreement for the SB 244 Technical Analysis Portion of the Multi-Jurisdictional Housing Element
Recommendation:

Adoption of a Resolution authorizing the cost share agreement for the SB 244 Technical Analysis portion of the Multi-Jurisdictional Housing Element (MJHE); and authorizing the City Manager, or designee, to execute any and all documents related to the SB 244 Technical Analysis.

Background:

On November 16, 2022, the Los Banos City Council approved the participation in the Merced County Sixth Cycle Multi-Jurisdictional Housing Element. The Merced County Association of Governments (MCAG) is responsible for coordinating the MJHE for the sixth housing cycle with the Cities of Merced, Atwater, Livingston, Gustine, Los Banos, Dos Palos, and the County of Merced. According to the SB 244 Technical Advisory paper published by the Governor's Office of Planning and Research, cities and counties require that each city and county review and update the following on or before the next adoption of its housing element:
• Cities must identify and describe each "island community" or "fringe community," as defined, that exists within that city's sphere of influence that is a disadvantaged unincorporated community. (GC Section 65302.10.(a)) 1 ITEM 7C
29 • Counties must identify and describe each legacy community, as defined, within the boundaries of a county that is a disadvantaged unincorporated community, but not including any area within the sphere of influence of a city. (GC Section 65302.10.(a))
• Cities and counties must include an analysis of water, wastewater, stormwater drainage, and structural fire protection needs or deficiencies for each of the identified communities in the land use element. (GC Section 65302.1 0.(a)) • Cities and counties must include an analysis of the land use element of potential funding mechanisms that could make the extension of services and facilities to identified communities financially feasible. (GC Section 65302.1 0.(a)) Discussion:

As a result of the current Housing Element Update that is underway, SB 244 Technical Analysis is required. The total cost of the analysis is $40,000 (refer to Table 1 for cost breakdown).

The Cost Sharing Agreement was developed by the REAP Technical Working Group, which consists of every member of the affected jurisdictions. The Cost Sharing Agreement was based on the communities most affected by SB 244 sharing the majority of the cost, which consists of Atwater, Merced, and Merced County paying 30- 27% each and the remainder jurisdictions, with the exception of Livingston, paying the difference based on size. The City of Livingston is not subject to SB 244 as they do not have disadvantaged unincorporated communities within their sphere of influence. The City of Los Banos' cost share is $12% as shown below.

Jurisdiction
Atwater
Dos Palos
Gustine
Los Banos
Merced
Merced Count
Fiscal Impact:

Share of Cost
27%
2%
2%
12%
30%
27%
Cost
$10,800
$800
$800
$4,800
$12,000
$10,800
$40,000.00
Los Banos' total jurisdiction contribution would be $4,800. This cost has been included in FY 23-24 Community and Economic Development Department budget. 2 30
Reviewed b y:

Josh
Attachments:
1 . Resolution
Brent Kuhn, Int rim Finance Director

2. MJHE and SB 244 Roles and Responsibilities Agreement

3. SB 244 Technical Analysis Cost Sharing Agreement
3 31

THIS PAGE IS INTENTIONALLY LEFT BLANK
32 RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS AGREEING TO THE COST
SHARE FOR THE SB244 TECHNICAL ANALYSIS
PORTION OF THE MUL Tl-JURISDICTIONAL

HOUSING ELEMENT
WHEREAS, Government Code Section 65588 requires local agencies to review and revise the housing elements to their comprehensive general plan in compliance with Section 65580 through 65589, Chapter 1143, Article 10.6, and; WHEREAS, the City of Los Banos is required to conduct an SB244 Analysis when updating an amendment to the City's Sphere of Influence (SOI), a comprehensive General Plan Update including the land use section, or a new Housing Element, and; WHEREAS, the Merced County Association of Governments (MCAG) is a Joint Powers agency created by the six incorporated cities in Merced County and the County of Merced, pursuant to Government Code Sections 6500 et. Seq., and; WHEREAS, the local government agencies in Merced County have requested that MCAG hire a consultant to perform a coordinated update to the housing element of each local agency's General Plan at no cost to MCAG, and;
WHEREAS, MCAG engaged the Regional Early Action Planning (REAP) Work Group consisting of the local member agencies to review the Request for Proposals, evaluate bids, select a consultant, develop a cost sharing arrangement and make a recommendation to the MCAG board to hire the consultant, and; WHEREAS, the cost sharing agreement for the Multi-jurisdictional Housing Element (MJHE) was approved by the City of Los Banos on November 16, 2022, at a total cost of $1,030,743 with the City of Los Banos' portion being $88,844 and; WHEREAS, the City of Los Banos desires to enter into this additional cost sharing agreement to complete a SB244 Technical Analysis as part of the MJHE update at no cost to MCAG.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LOS BANOS DOES HEREBY RESOLVE, DETERMINE, FIND, AND ORDER AS FOLLOWS:

SECTION 1. The City Council of the City of Los Banos agrees to share the cost of the $40,000 SB244 Technical Analysis with the member agencies of the MJHE. 1 33
SECTION 2. The City of Los Banos' portion is 12 % of the total, which is $4,800, subject to change in the event additional costs are incurred by MCAG.

SECTION 3. The City Manager, or designee, and the City Clerk, respectively, are hereby authorized to execute and attest to the cost and scope of work on behalf of the City of Los Banos.

SECTION 4. The City Manager, or designee, are hereby authorized to execute an agreement between MCAG and the City of Los Banos for the administration of the Merced County MJHE and SB 244 Technical Analysis Contract.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the __ day of ____ 20_, 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 34

AGREEMENT BETWEEN MERCED COUNTY ASSOCIATION OF GOVERNMENTS

AND THE CITY OF LOS BANOS

FOR THE ADMINISTRATION OF THE MERCED COUNTY MULTIJURISDICTIONAL HOUSING ELEMENT AND SB 244 TECHNICAL ANALYSIS CONTRACT
THIS AGREEMENT, is made and entered into this __ day of ____ , 2023, by and between the Merced County Association of Governments ("MCAG"), a joint powers authority pursuant to California Government Code Section 6500 et seq, and the City of Los Banos, and shall be retroactive to November 16, 2022.

Recitals
I. The California Government Code requires that local agencies, including cities and counties, adopt general plans and individual housing elements and that they review and revise those housing elements contained in their general plans every eight years in compliance with Sections 65580 through 65589 of the Code.

II. Merced County Association of Governments (MCAG) is a joint powers authority formed by the six incorporated cities in Merced County and the County of Merced (its "Members") and has been designated as the Metropolitan Planning Organization for Merced County (MPO).

Ill. As the MPO serving the County of Merced, MCAG is the recipient of REAP 1.0 and 2.0 program funds, which are intended to accelerate housing production.

IV. Despite being the recipient of REAP funding, MCAG does not typically participate in the preparation of, or have authority to adopt or approve, land use plans such as general plans or housing element updates of its Members.

V. MCAG, at the request of the Members and pursuant to resolutions approved by the Board of Supervisors or the City Council of each Member, attached hereto as Exhibit A, agreed to hire a consultant to perform a coordinated, regional update to the housing element of each Member's general plan at no cost to MCAG, to administer the contract, and to assist with coordination.

VI. Additionally, MCAG, at the request of the Members pursuant to resolutions approved by the Board of Supervisors or the City Council of each Member, attached hereto as Exhibit B, agreed to amend aforementioned consultant contract to include SB 244 technical analyses for participating Members. This task is also at no cost to MCAG.

VII. Pursuant to the Resolutions adopted by each Member, each Member adopted the Merced County Multijurisdictional Housing Element Cost Sharing Agreement (this "Agreement") and agreed to reimburse MCAG for actual costs incurred.

VIII. Additionally, pursuant to the Resolutions adopted by each participating Member, each participating Member adopted the SB 244 Technical Analysis Cost Sharing Agreement and agreed to reimburse MCAG for actual costs incurred.

IX. Due to time being of the essence, and to necessarily confirm each participating Member's commitment, the resolutions for both the Multijurisdictional Housing Element and SB 244 Technical Analysis were approved prior to the execution of this Agreement.

The Recitals set forth above are hereby incorporated into this Agreement as if set forth in full. 35 Section One - Roles and Responsibilities of MCAG
X. As agreed to by its Members, MCAG shall use REAP 1.0 funds it receives from the California Department of Housing and Community Development, which would normally be distributed to its Members, to retain a consultant to prepare a multijurisdictional housing element update.

XI. Additionally, at the request of the Members, MCAG has amended the aforementioned consultant contract to include a task to complete SB 244 Technical Analyses for each participating Member.

XII. MCAG's role in this effort to develop a multijurisdictional housing element and SB 244 Technical Analyses for each participating Member is limited to consultant procurement, contract administration, and assistance with coordination.

XIII. The MCAG Governing Board will not adopt the multijurisdictional housing element, the SB 244 Technical Analyses, or any subsequent planning documents that are the responsibility of the Members to prepare.

XIV. MCAG shall not serve as the Lead Agency on any environmental documents to comply with the California Environmental Quality Act for the multijurisdictional housing element or any related or subsequent plans or studies, as MCAG does not have implementing authority over these planning documents.

Section Two - Roles and Responsibilities of Los Banos
I. Local jurisdictions, including the Members, are responsible for complying with state housing law and for preparing, adopting, and implementing their own housing elements and SB 244 Technical Analysis.

II. Government Code Section 65588 requires cities and counties to review and revise the housing elements to their comprehensive general plans every eight years in compliance with Section 65580 through 65589, Chapter 1143, Article 10.6.

Ill. Under SB 244 and pursuant to Government Code Section 65302.10.(a), cities and counties, on or before the next adoption of its housing element, are required to review and update the land use elements of their general plan, based on available data, including, but not limited to, the data and analysis developed pursuant to Section 56430, of unincorporated island, fringe, or legacy communities inside or near its boundaries.

IV. Each Member shall have an active role in the development of the multijurisdictional housing element and provide the consultant or MCAG with any requested data in a timely manner in order to avoid unnecessary delays.

V. Each Member agrees to reimburse MCAG for any and all costs associated with preparation of the Merced County Multijurisdictional Housing Element in accordance with the Cost Sharing Agreement attached hereto as Exhibit C, and the SB 244 Technical Analyses in accordance with the Cost Sharing Agreement attached hereto as Exhibit D.

VI. Each Member shall submit adopted housing elements to MCAG no later than August 31, 2024, in order to comply with the REAP 1.0 reporting requirements.

VII. Each Member is responsible for coordinating with the State on the review and approval of their housing element, submitting the housing element and SB 244 Technical Analysis to the State, and adopting their housing element and SB 244 Technical Analysis.

Section 3 -- Indemnification
36 Los Banos shall indemnify and defend MCAG and hold it harmless from and against any and all claims, demands, or liability arising out of or in any way connected with the performance of this Agreement, adoption of the Member's housing element, programs contained within its housing element, SB 244 Technical Analysis and any subsequent planning documents that are the responsibility of the Member to prepare, including, but not limited to, environmental and CEQA related documents, updates to other elements of the Los Banos general plan, or studies. Indemnity shall apply to any acts, omissions, willful misconduct, or negligent conduct, whether active or passive, unless liability is caused solely by the negligent or willful misconduct of MCAG. Los Banos will, on request and at its own expense, defend any action, suit, or proceeding arising hereunder and shall reimburse and pay MCAG for any loss, cost, damage, or expense, including attorney's fees suffered by it hereunder. The Members shall be responsible for determining how any such costs shall be apportioned between them, and any failure to agree shall not impact this indemnification requirement.

This Indemnification provision supersedes the indemnification provision set forth in the 2nd Amended and Restated Joint Powers Agreement of Merced County Association of Governments, as restated, amended, or revised from time to time.

Section 4 - Negotiated Agreement
This Agreement has been arrived at through negotiation between the parties. Neither party is to be deemed the party which prepared this Agreement within the meaning of California Civil Code section 1654. Each party represents and warrants that in executing this Agreement it does so with full knowledge of the rights and duties it may have with respect to the other party. Each party also warrants and represents that it has received independent legal advice from its attorney with respect to the matters set forth in this Agreement and the rights and duties arising out of this Agreement, or that such party willingly foregoes any such consultation.

Section 5 - Successors and Assigns
This Agreement shall be binding upon and inure to the benefit of any successors or assigns.

Section 6 - Waiver
No waiver by either party of any default, breach, or condition precedent shall be valid unless made in writing and signed by the parties hereto. No oral waiver of any default, breach, or condition precedent shall be binding on any of the parties hereto. Waiver by either party of any default, breach, or condition precedent shall not be construed as a waiver of any other default, breach, or condition precedent, or any other right hereunder.

Section 7 - Notices
Any notices required to be given pursuant to this Agreement shall be deemed to have been given by their deposit, postage prepaid, in the United States Postal Service, addressed to the parties as follows:

A. To MCAG: Stacie Guzman
Merced County Association of Government
369 w. 18th St.

Merced, CA 95340
37 B. To City of Los Banos: Stacy Souza Elms,
Community and Economic Development Director
City of Los Banos
520 J Street
Los Banos, CA 93635
Nothing hereinabove shall prevent either MCAG or the City of Los Banos from personally delivering any such notices to the other.

Section 8-Integration
This Agreement, and Exhibits A and B represent the entire understanding between MCAG and the City Los Banos as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered herein.

Section 9 - Amendment
This Agreement may not be modified or altered except in writing signed by MCAG and the City of Los Banos.

IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the day and year first above written.

Merced County Association of Governments: City of Los Banos By _ _____________ _ By ______ ________ _
Stacie Guzman, Executive Director Paul Llanez, Mayor
APPROVED AS TO FORM: APPROVED AS TO FORM:

By ____________ _ By __________ __ _
General Counsel, Haden Law Office William Vaughn, City Attorney 38 DRAFT COST SHARING AGREEMENT
SB 244 Technical Analysis

JURISDICTION SHARE OF COST COST
ATWATER 27% $ 10,800
DOS PALOS 2% $ 800
GUSTINE 2% $ 800
LOS BANOS 12% $ 4,800
MERCED 30% $ 12,000
UNINCORPORATED COUNTY 27% $ 10,800
TOTAL 100% $ 40,000
NOTE: This Draft Cost Sharing Agreement was developed by the REAP Work Group at its May 2nd meeting. The draft shore of the cost per jurisdiction was arrived at based on discussions of willingness and level of effort.
39 THIS PAGE IS INTENTIONALLY LEFT BLANK
40 LOsBanos
At the Cro~ srot
Agenda Staff Report
TO: Mayor Llanez and City Council Members
FROM:

DATE:

Stacy Souza Elms, Community and Economic Development Director'f'- August 2, 2023
TYPE OF REPORT: Consent Agenda
SUBJECT: Reject All Bids for the Construction of the Los Banos Downtown Gateway Sign
Recommendation:

That the City Council adopts the Resolution to reject all bids for the construction of the Los Banos Downtown Gateway Sign.

Discussion:

Staff released the project for advertisement on May 5, 2023. The bid opening was held on Wednesday, June 21, 2023. The Community and Economic Development Department, through the off of the City Clerk, received two (2) bids from the following contractors:

Contractor Bid Amount
Swinerton Builders $1,085,379.00
Bartham Inc., OBA BZ Construction $954,539.00
The bid amount was significantly higher than the Architect's estimate of $250,000 and is over the budgeted amount.
1 ITEM 7D
41 Per section 3-16.07 of the municipal code, the City Council may reject any and all bids presented if the Public Works Director, prior to rejecting all bids, furnishes a written notice to an apparent low bidder, informing the bidder of the City's intention to reject the bid at least two (2) business days prior to the hearing at which the City Council intends to reject the bid. All bids may be rejected whenever the agency determines that the cost is not reasonable, the cost exceeds the amount estimated, or otherwise in the best interest of the agency. Per section 6.028 of the State Contracting Manual, there is no basis for protest if the awarding agency rejects all bids based on the best interest of the agency.

Staff will evaluate the project and determine why the unit prices were significantly higher and will evaluate if redesign is warranted.

Fiscal Impact:

The project has been budgeted in account 100-419-100-720 of the 2023-2024 fiscal year for the amount of $250,000. Due to the bid result above, staff is recommending City Council reject all bids.

Attachments:

1. Resolution

2. Bid Opening Sheet
2 42
RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS REJECTING ALL BIDS FOR

THE CONSTRUCTION OF THE DOWNTOWN

GATEWAY SIGN
WHEREAS, the City of Los Banos Public Works Department received competitive bids on May 5, 2023 for the purpose of constructing a downtown gateway sign; and WHEREAS, the Public Works Department and Community and Economic Development Department have determined, after receiving two (2) competitive bids, that the cost exceeds the amount estimated and budgeted.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby reject all bids received for the Construction of the Downtown Gateway Sign
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 2nd day of August 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
1 43

THIS PAGE IS INTENTIONALLY LEFT BLANK
44 Lityof B os anois

BID OPENING

LOS BANOS GATEWAY SIGN
JUNE 21 , 2023, 4:00 PM

1. Swinerton Builders

2. Barham Inc, OBA BZ Construction
Signed:

Lucille
~ L Mallonee, '-/. ~ MMC
City Clerk/Human Resources Director
$1,086,379.00
$954,539.00
Dated: June 21, 2023
Community & Economic Development Director
45 THIS PAGE IS INTENTIONALLY LEFT BLANK
46 TO:

FROM:

LOsBanos
Agenda Staff Report
Mayor & City Council Members
Paul Tualla, Fire Chief
DATE: August 2, 2023
SUBJECT: Memorandum of Understanding for Emergency Medical Services Between the City of Los Banos and the Los Banos Unified School District TYPE OF REPORT: Consent Agenda
Recommendation:

Staff recommends that the City Council adopt a resolution authorizing the City Manager to sign the Memorandum of Understanding for Emergency Medical Services between the City of Los Banos and the Los Banos Unified School District.

Background:

For many years, the Los Banos Fire Department has provided Emergency Medical Technician (EMT) coverage for the Los Banos Unified School District Football games.

The City and Los Banos Unified School District agree to extend a previous year's contract that went into effect on October 20, 2021, according to the terms of the contract.

Discussion:

Los Banos Fire Department wishes to enter into the attached MOU to provide Emergency Medical Services to District sponsored events, depending upon availability of Fire Department Staff.

Once a request and schedule is provided by the District, paid personnel will be scheduled to staff the event until the event is completed. This will allow On Duty Staff to still be at the games, but be available to respond to other emergencies or calls for service within their response area during the time of the events.

ITEM 7E
47 Fiscal Impact:

District agrees to reimburse the City the costs for services provided during the event.

The City will charge the actual cost of the personnel (the fully Burdened hourly rate of $77.01 - $135.10 depending on which employees(s) take the assignment) to be invoiced to the District on a monthly basis. There will be no charge for equipment and payments will be made no later than 30 days from the invoice date. Minimal additional costs for EMS supplies will be assessed for emergency medical coverage due to low actual supplies being used. When supplies are needed for patient transport, they are usually restocked by the local ambulance provider
Brent Kuhn
Interim Finance Director
Attachments:

Resolution
Proposed Memorandum of Understanding
48 RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF LOS BANOS AUTHORIZING THE CITY MANAGER OF

LOS BANOS TO ENTER INTO A MEMORANDUM OF

UNDERSTANDING FOR THE CITY OF LOS BANOS AND

THE LOS BANOS UNIFIED SCHOOL DISTRICT
WHEREAS, the City Council of the City of Los Banos and the Los Banos Unified School Board wish to ensure the best possible emergency medical services and emergency response to the students, athletes and bystanders of local sponsored School District events; and
WHEREAS, the City of Los Banos acknowledges that there is a need for supporting local School District events; and
WHEREAS, the City of Los Banos and the Los Banos Unified School District wish to enter into a Memorandum of Understanding for the Emergency Medical Services at Local District sponsored events; and
WHEREAS, the inclusion of the agreed Memorandum of Understanding for the Emergency Medical Services allows for quality emergency medical care, while allowing on duty Department Staff to remain in service for local response.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby approve the Memorandum of Understanding for the Emergency Medical Services, and authorize the City Manager of Los Banos to enter into the approved attached agreement with the Los Banos Unified School District.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 2nd day of August 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
49 THIS PAGE IS INTENTIONALLY LEFT BLANK
50 Memorandum of Understanding for
Emergency Medical Services
Between the City of Los Banos and the Los Banos Unified School District This Agreement is entered into this ___ day of ___ , 2023, between the City of Los Banos ("City"), and the Los Banos Unified School District ("District"), with respect to Emergency Medical Services ("EMS").

WHEREAS, District recognizes that the City's Fire Department (the "Fire Department") provides necessary public safety and medical services to the City which benefits District; and WHEREAS, District further recognizes that the Fire Department's presence at certain District events to perform emergency medical services if and when required is greatly beneficial to the safety of the District students, staff and community; and
WHEREAS, City recognizes that assignment of City Fire Department personnel will make such events and the District safer in the event of an emergency; and allow the Fire Department to respond to emergencies in a much more expedient manner.

AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions, and premises hereinafter contained, to be kept and performed by the respective parties, it is mutually agreed as follows:

Section 1. Role and Responsibilities
This City of Los Banos Fire Department will designate and provide no more than two fire personnel (certified emergency medical technician and a fire vehicle for certain District sponsored events (the "Events") depending upon availability of Fire Department staff. Such EMS teams will only attend the Events for which the District requests.

A request for assistance at an Event (a "Request") shall be made by an authorized representative of the District to an authorized representative of the City and shall indicate the Request is made pursuant to this Agreement. As a part of the request the District shall inform the Fire Department what services are needed for the Event, and the date, location and start time for such Event. Such Request may be made by telephone, to be followed as soon as practicable by a written confirmation of that Request.

In no event will the Request be less than 10 days prior to an Event. If the District does not submit a Request, then the Fire Department is not obligated to provide services at the Event under this Agreement. City will provide notice to District at least forty-eight (48) hours prior to an Event whether or not the City will be able to provide the services requested.

Section 2. Compensation
District agrees to reimburse the City the costs for services provided during the Event. The City will charge only the actual cost of the personnel (the Fully Burdened hourly pay rate is $77.01 -$135.10, depending on which employee(s) takes the assignment) to be invoiced to District on a monthly basis. 51 There will be no charge for equipment. Payments will be made no later than 30 days from the invoice date.

Section 3. Effectiveness, Duration and Termination
This Agreement shall be effective as of the date first written above, and shall remain in effect for an initial term running through June 30, 2024, with the option to renew annually by mutual written agreement of the parties The agreement may be amended by mutual written consent of the parties.

Either party may at any time terminate this Agreement without cause at the party's convenience by giving not less than 30 days prior written notice to the other party. Upon such termination, all rights and obligations of each party under this Agreement shall cease as of the Effective Date of Termination, except for those specific obligations that shall survive termination as set forth herein.

Section 4. Indemnification
To the extent permitted by law, each party (as lndemnitor) agrees to protect, defend, indemnify, and hold the other party (as lndemnitee), and its officers, employees, Board, Board members, Council, Council members and agents, free and harmless from and against any and all losses, penalties, damages, assessments, costs, charges, professional fees, and other expenses or liabilities of every kind and nature arising out of or relating to any and all claims, liens, demands, obligations, actions, proceedings, or causes of action of every kind in connection with or arising out of lndemnitor's negligence, acts, errors and/or omissions. To the extent that immunity does not apply, each party shall bear the risk of its own actions, as it does with its day-to-day operations, and determine for itself what types of insurance, and in what amounts, it should carry. Each party understands and agrees that any insurance protection obtained shall in no way limit the responsibility to indemnify, keep, and hold harmless the other party to this Agreement. The obligations under this section shall survive termination of the Agreement.

Section 5. Entire Agreement.

This Agreement, including all recitals, constitutes the entire agreement of the parties. This Agreement may be amended or modified only by the mutual written agreement of the parties. This Agreement is invalid unless approved by the legislative body of each party, although it may be executed by an authorized agent of each party.

Section 6. Insurance. It is understood and agreed that District and City maintain insurance policies or self-insurance programs to fund their respective liabilities. Evidence of Insurance, Certificates of Insurance or other similar documentation shall not be required of either party under this Agreement.

Section 7. Nondiscrimination. Neither party shall employ discriminatory practices in their respective performance under this Agreement on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era.

Section 8. Independent Contractor and Not a Partnership. For the purposes of this Agreement, City and District shall act in an independent capacity and not as officers or employees or agents of the other. Nothing in this Agreement establishes, constitutes, or will be construed as establishing or constituting a partnership or agency or employment relationship between City and District. City Fire Department personnel providing services under this Agreement are employees of the City and shall not be considered employees of District,. 52 Section 9. Binding. Once this Agreement is signed by all parties, it shall be binding upon, and shall inure to the benefit of, all parties, and each parties' respective heirs, successors, assigns, transferees, agents, servants, employees and representatives.

Section 10. Assignment. Neither party may assign or transfer, by operation of law or otherwise, all or any of its rights or obligations under this Agreement without the prior written consent of the other party.

Section 11. Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein.

Section 12. Notices. Any notice, request, information or other correspondence to be given or made hereunder to any of the parties or their designee by any other parties shall be to the following contacts as applicable:

Pacheco High School
Charlie Pikas
Athletic Director
(209)827-4506
[email protected]
Dan Sutton
Principal
209)827-4506
[email protected]
Los Banos High School
Joe Barcellos
Athletic Director
(209)827-6033
jbarcellos@losbanosusd. k12. ca. us
Jason Waltman
Principal
(209)827-6033
iwaltman@losbanosusd. k12.ca. us
Los Banos Fire Department
Paul Tualla
Fire Chief
(209) 827-7025
Paul. tualla@losbanos. orq
Section 13. Governing Law and Venue. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California. Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Merced County, California.
53 Section 14. Headings. The section headings in this Agreement are for convenience and reference only and shall not be construed or held in any way to explain, modify or add to the interpretation or meaning of the provisions of this Agreement.

Section 15. Severability. The provisions of this Agreement are severable. The invalidity or unenforceability of any one provision in this Agreement shall not affect the other provisions.

Section 16. Interpretation. The parties acknowledge that this Agreement in its final forms is the result of the combined efforts of the parties and that, should any provision of this Agreement be found to be ambiguous in any way, such ambiguity shall not be resolved by construing this Agreement in favor of or against either party, but rather by construing the terms in accordance with their generally accepted meaning.

Section 17. Attorney's Fees. If either party is required to commence any proceeding or legal action to enforce or interpret any term, covenant or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses.

IN WITNESS THEREOF, the parties have caused their authorized agents to execute this Agreement as of the date first set forth above:

CITY OF Los Banos,
a municipal corporation
By: -----------------
Date: _______________ _

LOS BANOS UNIFIED SCHOOL DISTRICT
By: ---------------- Superintendent
Date: --------------
54 TO:

FROM:

DATE:

LOsBanos
At the Crossroads 01 ;alifornia
Agenda Staff Report
Mayor Llanez and Members of City Council
Brent Kuhn, Interim Finance Director
August 2, 2023
SUBJECT: American Rescue Plan Act - RAD Card and SBA Grant Program Update TYPE OF REPORT: Agenda
Recommendation:

Accept the Staff Report update of the American Rescue Plan Act Funds small business and non-profit assistance program and RAD Card program.

Background:

Staff has been monitoring and measuring the impact of all approved programs to ensure the primary goal of the programs are being met. Staff has continued to research the remaining projects and programs in order to program all funds.

On December 7, 2022, the City Council directed staff to reprogram any remaining RAD Card Program funds and reprogram the $500,000 remaining funds held by the City in order to fund direct assistance to small businesses and non-profits.

RAD Card Update
The RAD Card was provided a 30-day notice to refund any remaining funds to the City of Los Banos. A significant amount of drawdown in funds occurred during the 30-day period, which was the holiday season. The City was reimbursed $35,066.00 of match funds remaining at final closeout of the RAD Card Program. As of the most recent report, $528,137.35 in funds have been disbursed to small businesses through the RAD Card Program and $93,468.21 remain on users' devices to eventually be used. 1 ITEM 8
55 Due to the minimal amount reimbursed to the City, these funds have been put back to the Unprogrammed ARPA Funds accounted for in the ARPA Special Revenue Fund.

Assistance to Small Businesses and Non-Profits
Staff reviewed applications submitted by small businesses and non-profits impacted by the pandemic, and determined grant amount using the following attributes do to COVID:
• Decreased revenue or gross receipts
• Capacity to weather financial hardship
• Financial insecurity
• Increased costs
• Challenges covering payroll (excluding owners), rent or mortgage, and other operating costs
• Specialized Equipment
• Inability to make improvements
• Determination if in the low-mod Census Tract
• Fa9ade Improvements
• Outdoor Improvements
The application period opened on February 1st and closed on May 1st at 5:00 pm.

The City received 34 applications in total, of which, five (5) applications were from nonprofits. Of those non-profits, two (2) were 501(c)(3)s, one (1) was a 501(c)(6), and two (2) were 501(c)(8)s.

To the extent impacted by the pandemic, 501(c)(6) organizations may be eligible to receive funds to support eligible uses that align with their overall purpose (e.g., tourism promotion in aid of an impacted industry). The entire business community in Los Banos was impacted by COVID and these funds benefit all the businesses under their membership profile thus aligned with their overall purpose.

The 501 (c)(8) organizations that received funds were for community benefit, which in turn benefited all of the business located in the building or to support the underserved community most impacted by COVID.

As of the date of this report, $476,087.00 have been awarded to assist small businesses and non-profits.

Fiscal Impact:

The reprogramming of funding has no fiscal impact on the ARPA Fund. This is fundamentally an exchange of eligible programs within The American Rescue Plan Act of 2021. The $500,000 budgeted for the Small Business Assistance program is expected to be used in its entirety. Any unspent funds will be added back to the Unprogrammed ARPA Funds accounted for in the ARPA Special Revenue Fund.
2 56
Reviewed by:

Josh
3 57

THIS PAGE IS INTENTIONALLY LEFT BLANK
58 TO:

FROM:

DATE:

LOsBanos
At the ro ,o ,
Agenda Staff Report
Mayor Llanez and City Council Members
Stacy Souza Elms, Community & Economic Development Director~ Soknirorn Than, P.E., Public Works Director/City Engineer August 2, 2023
TYPE OF REPORT: Agenda Item
SUBJECT: Creating an Improvement Standards and Specifications Technical Advisory Committee and a Community Design Standards Technical Advisory Committee
Recommendation:

Staff requests the City Council consider the following:

1. Adopt a Resolution creating an Improvement Standards and Specifications Technical Advisory Committee; and

2. Adopt a Resolution creating a Community Design Standards Technical Advisory Committee
Background:

The current Improvement Standards and Specifications Plan (Standards and Specs) were completed in October 2004 by Stoddard & Associates. The purpose of City improvement standards is to establish guidelines and requirements for the design and construction of public infrastructure and private development projects within a City. City improvement standards are typically developed by the local government, in collaboration with engineers, planners, and other experts in infrastructure design and construction. The standards can cover a wide range of topics, including street design, sidewalks, bicycle and pedestrian facilities, stormwater management, water supply and wastewater systems, landscape and other public infrastructure. They can also include requirements for private development projects, such as building setbacks, landscaping, and parking.

Overall, City improvement standards are an important tool for municipalities to ensure that their built environment meets the needs of the community in a safe, sustainable, and efficient manner.

ITEM 9
59 Similarly, the current Community Design Standards were adopted in November 2008. This document was created to promote excellence in the design of buildings, sites, and neighborhoods by maintaining and enhancing the small-town qualities of Los Banos. The Design Standards are intended to convey to property owners, architects, and prospective builders and developers, the City's vision and goals for the design of new development within the City. The Design Standards are also intended to assist staff and the decisionmaking bodies in judging the suitability of proposed projects in terms of their architecture, site design, landscaping, circulation, and compatibility with existing and planned adjacent development. Within the document, the City has developed several sets of design standards applicable to different parts of the City and different types of land uses. The Downtown Commercial, Highway Commercial, Commercial, and Residential design standards.

Like the Improvement Standards, the Community Design Standards requires an on-going review and revision to ensure that it remains relevant and effective in meeting the needs of the community. With the update to the General Plan and upcoming update to the Housing Element, it is pertinent that the City conduct a comprehensive review and update to the Community Design Standards.

On May 17, 2023, the City Council adopted Resolution No. 6630 authorizing staff to enter into a Professional Services Agreement with Mark Thomas and Company, Inc (Mark Thomas) to update the City's Improvement Standards and Specifications, and the Community Design Standards in the amount of $580,658.00.

Discussion:

To-Date, staff has started the data collection phase of the project and the consultant has begun their review of the existing document. Once the data collection phase is completed, staff will begin the initial draft of the updates. A large component of this phase is public outreach and community inputs. This effort will be challenging and will involve many moving parts. Due to the complexity of this work, staff is proposing the below framework Establish an Improvement Standards and Specifications Technical Advisory Committee (TAC) and a Community Design Standards TAC

1. Purpose:
a. Ensure there is sufficient stakeholder input regarding the update to the City of Los Banos Improvement Standards and Specifications;

2. Review and provide guidance to City Staff and its consultant( s) on changes to the current Improvement Standards and Specifications and the Community Design Standards as part of the update process that are deemed necessary or advisable to reflect the community's vision for the City; and
a. Make recommendations to the Los Banos City Council regarding changes to the City of Los Banos Improvement Standards and Specifications and the Community Design Standards.

3. Role of the Committees:
a. Each Committee will not be asked to formally vote on issues or items.

Rather, the Committees will be asked to consider information, provide input, listen to other Committee members, and strive to find "consensus" in order 60 to facilitate the preparation of an Improvement Standards and Specifications and Community Design Standards Update that reflect the community's vision for the City.

4. Members:
a. The Improvement Standards and Specifications TAC shall consist of seven (7) members selected by the Mayor and City Manager and confirmed by the City Council as follows:
i. Two (2) members from the City Council;
ii. Two (2) members from the Planning Commission;
iii. One (1) member from the Traffic Safety Committee;
iv. One (1) member from the Parks and Recreation Commission; and v. One (1) member from the Tree Commission.
b. The Community Design Standards TAC shall consist of four (4) members selected by the Mayor and City Manager and confirmed by the City Council as follows:
i. Two (2) members from the City Council;
ii. Two (2) members from the Planning Commission;
*Because of the overlapping nature of the Improvement Standards and Specifications and the Community Design Standards, it is anticipated the City Council and Planning Commission members would be the same people for each TAC.

5. Term of Membership:
a. Committee membership shall be for the duration of the Improvement Standards and Specifications and Community Design Standards Update process concluding with the City Council adoption of the comprehensive update of the Improvement Standards and Specifications and Community Design Standards or dissolution of the Committee by City Council action.

Committee members serve at the pleasure of the City Council and may be removed from office by a majority vote of the City Council.

6. Organization and Quorum:

7. Meetings:
i. The Committee shall have a Chair and Vice-Chair. The Chair and Vice-Chair shall be nominated and elected at the first meeting of the Committee and shall begin their duties immediately upon election.

The Chair and Vice-Chair shall serve for the duration of the update process. The Chair shall call the meetings to order, serve as the presiding officer of the committee's meetings, and perform such other duties as may from time to time be prescribed by the Committee. The Vice-Chair shall have all of the powers and duties of the Chair in the event the Chair is absent or unable to act.
a. Committee meetings will be scheduled by the Public Works Director as necessary who will prepare and post the agenda in accordance with the requirements of the Brown Act.
b. All meetings of the Committee will be open to the public pursuant to the Brown Act. Meeting notices and agendas shall be posted and made public at least 72 hours before a regular meeting, and at least 24 hours for a special meeting.
c. A quorum shall consist of
61 i. Four (4) members of the Improvement Standards and Specifications TAC.
ii. Three (3) members of the Community Design Standards TAC. d. Committee members are expected to attend all meetings, unless prevented from doing so by a substantial reason. In the case of an absence, members shall endeavor to notify the Staff Liaison at least twenty-four (24) hours in advance of a meeting.

8. Staff Liaison.
a. The Public Works Director, or designee, shall act as Staff Liaison and secretary to the Improvement Standards and Specifications TAC. b. The Community and Economic Development Director, or design, shall act as Staff Liaison and secretary to the Community Design Standards TAC.

9. Benefits:
a. Allow for buy-in from the commission and committee prior to a formal workshop and adoption
b. Allow for smaller working group setting to facilitate a more productive meeting
c. Allow for review of each improvement standards under the Powers and Duties of each commission and committee per the City Municipal Codes d. Establish decision making authority
e. Allow staff direct access to the decision-making bodies without having to call for Public Meeting for all discussions
f. Conform to the Meyers-Milias-Brown Act
Reviewed by:

J
Attachments:

1. Improvement Standards and Specifications Technical Advisory Committee

2. Community Design Standards Technical Advisory Committee 62 RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS

BANOS CREATING AN IMPROVEMENT STANDARDS AND

SPECIFICATIONS TECHNICAL ADVISORY COMMITTEE
WHEREAS, the current City of Los Banos Improvement Standards and Specifications were approved by City Council Resolution No. 4539 on October 6, 2004; WHEREAS, the Design Information Bulletin 23-01 - interim standards for typical street section ST-1 and sidewalk curb and gutter section ST-6 was approved by City Council Resolution No. 6641 on May 17, 2023;
WHEREAS, adoption of Design Information Bulletin (23-01) is intended to establish interim standards, while allowing sufficient time for staff to work on designing, soliciting community feedback, and adopting a new Improvement Standards and Specifications; and WHEREAS, the Los Banos City Council wishes to establish a technical advisory committee to provide guidance to City Staff in the development of an Update to the City's Improvement Standards and Specifications for consideration and approval by the Los Banos City Council.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos hereby creates the ad hoc Improvement Standards and Specifications Technical Advisory Committee, as follows:

1. Purpose.
a. Ensure there is sufficient stakeholder input regarding the update to the City of Los Banos Improvement Standards and Specifications;
b. Review and provide guidance to City Staff and its consultant(s) on changes to the current Improvement Standards and Specifications as part of the update process that are deemed necessary or advisable to reflect the community's vision for the City; and c. Make recommendations to the Los Banos City Council regarding changes to the City of Los Banos Improvement Standards and Specifications.

2. Role of the Committee. The Committee will not be asked to formally vote on issues or items. Rather, the Committee will be asked to consider information, provide input, listen to other Committee members, and strive to find "consensus" in order to facilitate the preparation of an Improvement Standards and Specifications Update that reflect the community's vision for the City.
63 The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 2nd day of August 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
64 RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS

BANOS CREATING A COMMUNITY DESIGN STANDARDS

TECHNICAL ADVISORY COMMITTEE
WHEREAS, the current City of Los Banos Community Design Standards were approved by City Council Resolution No. 5080 on November 5, 2008; WHEREAS, the Los Banos City Council wishes to establish a technical advisory committee to provide guidance to City Staff in the development of an Update to the City's Community Design Standards for consideration and approval by the Los Banos City Council.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos hereby creates the ad hoc Community Design Standards Technical Advisory Committee, as follows:

1. Purpose.
a. Ensure there is sufficient stakeholder input regarding the update to the City of Los Banos Community Design Standards;
b. Review and provide guidance to City Staff and its consultant(s) on changes to the current Community Design Standards as part of the update process that are deemed necessary or advisable to reflect the community's vision for the City; and c. Make recommendations to the Los Banos City Council regarding changes to the City of Los Banos Community Design Standards.

2. Role of the Committee. The Committee will not be asked to formally vote on issues or items. Rather, the Committee will be asked to consider information, provide input, listen to other Committee members, and strive to find "consensus" in order to facilitate the preparation of a Community Design Standards Update that reflect the community's vision for the City.

3. Membership. The Committee shall consist of four (4) members selected by the Mayor and the City Manager and confirmed by the City Council as follows:
a. Two (2) members from the City Council; and
b. Two (2) members from the Planning Commission.

4. Term of Membership. Committee membership shall be for the duration of the Community Design Standards Update process concluding with the City Council adoption of the comprehensive update of the Community Design Standards or dissolution of the Committee by City Council action. Committee members serve at the pleasure of the City Council and may be removed from office by a majority vote of the City Council. 65 5. Organization and Quorum. The Committee shall have a Chair and Vice-Chair. The Chair and Vice-Chair shall be nominated and elected at the first meeting of the Committee and shall begin their duties immediately upon election. The Chair and Vice-Chair shall serve for the duration of the update process. The Chair shall call the meetings to order, serve as the presiding officer of the committee's meetings, and perform such other duties as may from time to time be prescribed by the Committee. The Vice-Chair shall have all of the powers and duties of the Chair in the event the Chair is absent or unable to act.

6. Meetings.
a. Committee meetings will be scheduled by the Community and Economic Development Director as necessary who will prepare and post the agenda in accordance with the requirements of the Brown Act.
b. All meetings of the Committee will be open to the public pursuant to the Brown Act.

Meeting notices and agendas shall be posted and made public at least 72 hours before a regular meeting, and at least 24 hours for a special meeting.
c. A quorum shall consist of three (3) members of the Committee. d. Committee members are expected to attend all meetings, unless prevented from doing so by a substantial reason. In the case of an absence, members shall endeavor to notify the Staff Liaison at least twenty-four (24) hours in advance of a meeting.

7. Staff Liaison. The Community and Economic Development Director shall act as Staff Liaison and secretary to the Committee.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 2nd day of August 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
66