1 LOs Banos
roads of (alifc
www.losbanos.org
AGENDA
CITY COUNCIL MEETING
CITY HALL COUNCIL CHAMBERS
520 J Street
Los Banos, California
NOVEMBER 1, 2023 - 6:00 PM
Live stream on YouTube at . -- -- -· -·· -·-·· . ---· ... . .. ----- -···· ..•... l
,.····················;,·;~·~··;~~i;··~~~~i:~pa::~= -~:~:~~:~~~:~:1t~~::~o;:e~~g, ~,~~;~··~~ll·th;·········· ··· ····,.1 City Clerk's Office @ (209) 827-7000 at least 48 hours prior to the meeting.
I Si ~:::;:,~":c,:;:::~;:•:::::o~:::: :::~:::;:::v:~::~f :::,na I i -~~;;;;~:;;;~~;;;~;;~::=.:;;;;~;;~~'~;;;~_.!
:::.
!,,. Any writings or documents provided to a majority of the City Council 1 regarding any item on this agenda will be made available for public inspection at the meeting and in the City Clerk's office located at City Hall, 520 J Street, Los Banos, California during normal business hours. In addition, such writings and documents may be posted on the City's website at www.losbanos.org.
* * * * * * * ** * * * * * * *
Cualquier escritura o los documentos proporcionaron a una mayorfa de/ Ayuntamiento respecto a cualquier art.fculo en este orden def dfa sera hecho disponible para la inspecci6n publica en la reuni6n y en la oficina de la Secretaria de la ciudad en City Hall, 520 J Street, Los Banos,
1 ........... ~~~:.~: ~~~;~~{~~_;_~;~~~;.~;~~~;. .. ;r.;;;.f ~ .. ;.;1;;~~i.;~~;~~;;;r.;;~.;°.?.~~;~mentos Please note: The ·srown 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 at the following link: https://losbanos.org/category/city-council/ Los Banos City Council Agenda - November 1, 2023 Page 1 of4
1. CALL TO ORDER - November 1, 2023
2. PLEDGE OF ALLEGIANCE.
6:00 PM
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. Certificate of Recognition - Employee of the Month for October 2023 - Vinny Greco, Police Officer in the Police Department.
B. Proclamation - Commemorating Veterans Day
6. PUBLIC FORUM. (Members of the public may address the City Council Members on any item of public interest that is within the jurisdiction of the City Council; includes agenda and non-agenda items. No action will be taken on non-agenda items. Speakers are limited to a five (5) minute presentation. Detailed guidelines are posted on the Council Chamber informational table.)
7. CONSIDERATION OF APPROVAL OF CONSENT AGENDA. (Items on the Consent Agenda are considered to be routine and will be voted on in one motion unless removed from the Consent Agenda by a City Council Member.) A. Check Register for #241449 - #241667 in the Amount of $867,920.46.
Recommendation: Approve the check register as submitted.
B. Minutes for the September 6, 2023 City Council Meeting.
Recommendation: Approve the minutes as submitted.
C. Minutes for the October 4, 2023 City Council Meeting.
Recommendation: Approve the minutes as submitted.
D. City Council Resolution No. 6702 - Approving Closure of Non-Essential City Offices on Tuesday, December 26, 2023 Due to the Christmas Holiday Season.
Recommendation: Adopt the resolution as submitted.
Los Banos City Council Agenda - November 1, 2023 Page 2 of4 2 3
E. City Council Resolution No. 6703 - Approving a Professional Services Agreement for Interim Finance Director Services with Brent Kuhn.
Recommendation: Adopt the resolution as submitted.
F. City Council Resolution No. 6704 - Amending the Fiscal Year 2023-2024 Budget by Increasing the Appropriation Amount in the General Fund Maintenance Account in the Amount of $12,214 for the Expenditure of a Backhoeff ractor Attachment.
Recommendation: Adopt the resolution as submitted.
G. City Council Resolution No. 6705 - Ratifying the City Manager's Approval of the Employment Agreement with Police Chief Reymundo M. Reyna, Jr.
Recommendation: Adopt the resolution as submitted.
H. City Council Resolution No. 6706 - Amending the Fiscal Year 2023-2024 Budget by Increasing the Appropriation Amount in the Measure H Account in the Amount of $94,470 for the Expenditure of the Installation of Four Playgrounds.
Recommendation: Adopt the resolution as submitted.
8. PUBLIC HEARING. (If you challenge the proposed action as described herein in court, you may be limited to raising only those issues you or someone else raised at the public hearing described herein or in written correspondence delivered to the City at, or prior to, the public hearing.)
A. Public Hearing - To Receive Public Comment and Consideration of an Update to the Los Banos Zoning Map in Accordance with the Los Banos General Plan Update 2042 that was Adopted October 19, 2022. The Zoning Map Update is Exempt from CEQA Pursuant to CEQA Guidelines Section 15162, 15168, 15183, and 15061(b)(3). The proposed Update is Entirely Consistent with and Implements the General Plan Land Uses Established in the General Plan, for which an Environmental Impact Report (EIR) (SCH #2022010254) was Prepared and Certified.
1) Ordinance No. 1203 - Amending the Official Zoning Map in Accordance with the Los Banos General Plan Update 2042.
(First Reading & Introduction)
Recommendation: Receive staff report, open public hearing, receive public comment, and introduce the ordinance as submitted.
9. ADVISEMENT OF PUBLIC NOTICES. (Three Reports)
Recommendation: Informational item only, no action to be taken.
10. CITY MANAGER REPORT.
Recommendation: Informational item only, no action to be taken.
11. REPORT/UPDATE ON MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG}, PENINSULA CLEAN ENERGY (PCE), MEASURE V COMMITTEE, AND Los Banos City Council Agenda - November 1, 2023 Page 3of4 4 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.
12. CITY COUNCIL MEMBER REPORTS.
A. Brett Jones - District 3
8. Deborah Lewis - District 4
C. Kenneth Lambert- District 1
D. Douglas Begonia, Jr. - District 2
E. Paul Llanez - Mayor
13. ADJOURNMENT.
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing a~ was po~ ulletin board not less than 72 hours prior to the meeting. \ A.A QJ..,
Sara Blevins, Assistant City Clerk Dated this 27th day of October 2023 Los Banos City Council Agenda - November 1, 2023 Page 4of4 5 CERTIFICATE OF RECOGNITION
<Presented <To
VINNY GRECO
Police Officer - Los Banos Police Department
In recognition of your outstanding peiformance
and decficated service to tfie City of £os <Banos and
for 6eing named "<Empfoyee of tlie :M.ontfi "for Octo6er 2023. <Pau[ £Canez, :Mayor
©atecf: :Novem6er 1, 2023
LOsBanos
THIS PAGE IS INTENTIONALLY LEFT BLANK
6 7
LOsBanos
At the Crossmcu. ., (, ,I~(< 1
PROCLAMATION
COMMEMORATING VETERANS DAY
NOVEMBER 11, 2023
WHEREAS, the freedoms we enjoy as Americans have been purchased and maintained at a high price throughout our history; and
WHEREAS, since the establishment of the original 13 states, Americans have been willing to fight and die to preserve their individual rights as guaranteed in the United States Constitution and the Bill of Rights; and
WHEREAS, we owe a great debt to those who have served in defense of this nation, and throughout the generations, their sacrifices have preserved our unique form of government dedicated to human rights and respect for the individual; and WHEREAS, for many, that sacrifice has ended in permanent injury or death, yet their spirit remains in the continued preservation of our freedoms and the promise of liberty established as an example for all the oppressed persons of the world; and WHEREAS, in honor of these dedicated men and women, we pledge our continued defense of our nation so that their sacrifice will stand before the entire world as a tribute to the spirit and determination of people dedicated to the prindples of freedom and democracy.
NOW, THEREFORE, BE IT PROCLAIMED that the Mayor and City Council Members of the City of Los Banos, call upon our citizens to salute all veterans who have served with honor and distinction, and to observe this day with appropriate ceremonies in honor of our veterans, both living and deceased., who have served this Country so willingly to preserve the principles of justice, freedom and democracy; to fly the flag; and to show our veterans we appreciate their great sacrifice.
In witness whereof, I have hereunto set my hand
and caused to be affixed the seal of the City of Los
Banos, this 1st day of November 2023,
APPROVED:
Paul Llanez, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
THIS PAGE IS INTENTIONALLY LEFT BLANK
8 9
CK# 241449 - # 241667
Check Report
Check by Date
Number Payment Date Vendor Name
241449 10/13/2023 Apex Annex Health Center, Inc.
241450 10/ 13/2023 Tim Baptista Jr.
241451 10/13/2023 Miguel Barrera
241452 10/13/2023 Sara Blevins
241453 10/13/2023 Cascade Fire Equipment Company
241454 10/13/2023 Central Valley Cardiovascular Group Inc. 241455 10/13/2023 Enchantment In Lights
241456 10/13/2023 Interworld Highway LLC
241457 10/13/2023 lnfoSend Inc.
241458 10/ 13/2023 Jennifer Loa
241459 10/13/2023 Cody May
241460 10/13/2023 Ramon McDonald
11/01/2023 $867,920.46
LOsBanos
Payment Type Void Payment Amount
Regular 1,435.00
Regular 165.19
Regular 60.00
Regular 295.00
Regular 13,695.19
Regular 200.00
Regular 5,459.50
Regular 15,314.18
Regular 7,536.77
Regular 550.39
Regular 60.00
Regular 129.00
241461 10/13/2023 Merced County Regional Waste Management Authority Regular 6,276.65 241462 10/13/2023 Mid-Valley Disposal LLC Regular 279,264.18 241463 10/13/2023 Miguel A Morales Regular 3,000.00
241464 10/ 13/2023 Stephen O'Day Regular 120.00
241465 10/13/2023 Outfront Media Inc. Regular 6,000.00
241466 10/13/2023 Pacific Landscape Supply, Inc. Regular 5,023.20 241467 10/13/2023 Screening Eagle USA, Inc Regular 18,434.56 241468 10/13/2023 Juan Soriano Regular 120.00
241469 10/13/2023 State Water Resources Control Board Regular 110.00 241470 10/ 13/2023 Tyler Technologies, Inc. Regular 6,956.25 241471 10/13/2023 Brian Thompson Regular 9.83
241472 10/13/2023 Windecker Inc Regular 30,528.◊9
241473 10/13/2023 Alhambra Regular 65.92
241474 10/13/2023 AAA Business Supplies Regular 43.84
241475 10/13/2023 Kasey Alim Regular 137.50
241476 10/13/2023 Gregory Almeida Regular 1,230.51
241477 10/13/2023 Anthony Gomes Regular 576.89
241478 10/13/2023 Aramark Uniform Ser Inc Regular 2,542.70 241480 10/13/2023 AT&T Regular 199.48
241481 10/13/2023 Alliance for Community Transfonnations Regular 45.00 241482 10/13/2023 BCI Burke Company LLC Regular 2,420.66 241483 10/13/2023 BJ's Consumers Choice Pest Control Inc. Regular 250.00 241484 10/13/2023 Michael George Bonillas Regular 740.00 241485 10/13/2023 Boot Barn Regular 380.00
241486 10/13/2023 Borges & Mahoney Company Regular 842.92 241487 10/13/2023 Bound Tree medical LLC Regular 138.94 241488 10/13/2023 BSK Associates Regular 2,022.00
241489 10/13/2023 Violeta Barba Regular 250.00
241490 10/13/2023 Manuel A Avila Regular 816.18
241491 10/13/2023 Lamar A. Cummings Regular 344.69
241492 10/ 13/2023 Anthony Carreiro Regular 600.00
241493 10/13/2023 Dekra-Lite Industries, me. Regular 6,758.97 241494 10/ 13/2023 Delta Wireless, Inc. Regular 507.50
241495 10/13/2023 Ecogreen Solutions, Inc. Regular 17,540.44 241496 10/13/2023 Edges Electrical Group, LLC Regular 1,678.40 241497 10/ 13/2023 Electric Drives Inc Regular 6,897.66 241498 10/13/2023 Federal Express Corporation Regular 21.28 241499 10/13/2023 Food 4 Less Regular 224.40
241500 10/13/2023 Monica Franco Regular 500.00
241501 10/13/2023 Holt of California Regular 464.10
241502 10/ 13/2023 Krazan & Associates Regular 1,040.00 241503 10/13/2023 Language Line Services Regular 43.24
241504 10/13/2023 Lucas Business Systems Regular 167.53 241505 10/ 13/2023 Life Line Screening of America Regular 600.00 241506 I 0/ 13/2023 Marfab Inc Regular 167.60
10 241507 10
/13/2023 Merced Truck & Trailer Inc Regular 2,493.41
241508 10/13/2023 NDN International LLC Regular 52
.91
241509 10/13
/2023 North Central Laboratories Regular 300
.00
241510 10
/13/2023 O'Reilly Auto Parts Regular 241.04
241511 10/13/2023 PB Loader Corporation Regular 4,780
.15
241512 10/13/2023 PG&E Company Regular 39
.08
241513 10
/13/2023 Protech Security & Electronics, Inc. Regular 640 .95
241514 10/13/2023 Razzari Ford Regular 223
.15
241515 10
/ 13/2023 SNAPCD Regular 143
.00
241516 10/13
/2023 Sherwin Williams Co Regular 706.17
241517 10/13
/2023 Shred-It US N LLC Regular 325.01
241518 10
/13/2023 Frank Silveria Regular 120
.00
241519 10
/13/2023 Sorensens True Value Regular 557.10
241520 10/13/2023 Stommel, Inc. Regular 3,322
.31
241521 10
/13/2023 Super Seer Corporation Regular 740
.80
241522 10/13
/2023 Tomasa Juarez Regular 100
.00
241523 10/13
/2023 Samantha Alison Tova Regular 387
.50
241524 10/13
/2023 Tractor Supply Credit Plan Regular 121.78
241525 10/13
/2023 United Site Services, Inc. Regular 133
.25
241526 10/13
/2023 USA Blue Book Regular 395
.71
241527 10
/13
/2023 US Fish & Wildfire Services Regular 500.00
241528 10/13
/2023 Westside Water Conditioning Regular 193
.50
241529 10/13
/2023 Windecker Inc Regular 5,090
.66
241530 10
/13/2023 Youth Evolution Activites Regular 1,605
.50
241531 10/13/2023 Beatriz Barraza Regular 7.03
241532 10
/ 13/2023 Blossom Valley Realty Regular 183
.08
241533 10/13
/2023 Borelli Real Estate Regular 101.56
241534 10/13
/2023 Lauren Butter Regular 57.82
241535 10
/ 13/2023 Paola Camarena-Ramirez Regular 22.14
241536 10
/13/2023 Century Communities Regular 177
.90
241537 10/13
/2023 Century Communities Regular 195
.09
241538 10
/13/2023 Century Communities Regular 176
.27
241539 10
/13
/2023 Century Communities Regular 192.63
241540 10/13/2023 Century Communities Regular 192.63
241541 10/13
/2023 DLP Real Estate, Inc. Regular 162
.77
241542 10/13
/2023 Shelly and Joseph Gipson Regular 101.56
241543 10/13
/2023 Karla Gomez Regular 200
.00
241544 10/13/2023 Andres Gonzalez Regular 57
.82
241545 10
/13
/2023 Home Sweet Home Property Management Co. Regular 33 .85
241546 10/13
/2023 Home Sweet Home Property Management Co. Regular 64.33 241547 10
/ 13
/2023 Patri
sia Martinez Regular 96
.00
241548 10/13
/2023 Meritage Homes Regular 153.35
241549 10/13/2023 Meritage Homes Regular 165
.63
241550 10
/13
/2023 MHP Builders Inc Regular 24
.55
241551 10
/13/2023 MHP Builders Inc Regular 165
.63
241552 10/13
/2023 Hugo Moreno Regular 71.35
241553 10/13
/2023 Guadalupe Olarte Regular 32
.41
241554 10/13
/2023 Lidia Ramirez Gomez Regular 57.82
241555 10/13
/2023 Victor Ramirez-Aguayo Regular 16.30
241556 10
/13
/2023 Jaime Reyes Regular 54.42
241557 10/13/2023 Guadalupe & Marily Rubalcava Regular 105.21 241558 10/13
/2023 Maria Elba Sanchez Sanchez Regular 118
.75
241559 10/13
/2023 Maria & Manuel Silviera Regular 125
.53
241560 10/13/2023 Fred Thommen Regular 88
.85
241561 10/13
/2023 Tierra Vista Development, LLC Regular 73.39
241562 10
/ 13
/2023 Analisa Travaglione Regular 101.56
241563 10/13/2023 Jose Luis Zarate Regular 101.56
241564 10
/16/2023 Marshall Pomer Regular 1,600
.00
241568 10
/20/2023 Aflac-Customer Service Regular 270.18
241569 10/20
/2023 AFSCME District Council 57 Regular 1,669.04
241570 10/20
/2023 Empower Annuity Ins. Co of America Regular 1,449
.02
241571 10
/20/2023 Empower Annuity Ins. Co of America Regular 1,990 .00
241572 10/20/2023 Los Banos Fitness & Racquet Club Regular 305.00 241573 10
/20/2023 Los Banos Police Assn Regular
1,085.00
241574 10/20/2023 Los Banos Police Assn. Regular 280
.00
241575 10/20/2023 Merced County Sheiiff Regular 200.00
241576 10
/20/2023 MissionSquare Regular 441.65
11 241577 10
/20/2023 MissionSquare Regular 7,537
.50
241578 10/20/2023 Nationwide Retirement Solutions Regular 5,352 .33
241579 10/20
/2023 Professional Fire Fighter of Los Banos Local 4703 Regular 1,125 .00
241580 10
/20/2023 State Disbursement Unit Regular 1,350.00
241581 10/20/2023 Apex Annex Health Center, Inc. Regular 631.00 241582 10/20
/2023 California Building Standards Commission Regular
1,557.00
241583 10
/20/2023 CSG Consultants Inc. Regular 72,257
.56
241584 10/20/2023 City of Los Banos Utility Regular 36,378.73 241585 10
/20/2023 Dept of Conservation Div of Admin Services Regular 4,687.38
241586 l0
/20/2023 F S Rod Inc Regular 6,760
.00
241587 l0/20/2023 Halcyon Creek Inc. Regular 22,554
.00
241588 10
/20/2023 Joe Heim Regular
1,524.67
241589 10
/20/2023 Brent Kuhn Regular 15,379
.54
241590 10/20
/2023 Laboratory Corporation of America Holdings Regular 434.70 241591 10
/20/2023 Merced County Clerk Regular 50
.00
241592 10
/20/2023 Merced County Clerk Regular 50.00
241593 10/20
/2023 Merced County Clerk Regular 50.00
241594 10
/20/2023 Merced County Tax Collector Regular 19,991.60
241595 10
/20/2023 Merced MRI Medical Group Regular 130.00
241596 10/20
/2023 Miguel A Morales Regular
3,000.00
241597 10
/20/2023 Owen Equipment Sales Regular 7,195.44
241598 l0/20/2023 Stacy Souza Elms Regular 507.63
241599 10/20
/2023 Law Offices of William A Vaughn Regular
7,678.95
241600 10
/20/2023 AAA Business Supplies Regular 438
.22
241601 10/20
/2023 American River College Regular 133.00
241602 10
/20/2023 Amsoil Inc. Regular 3,642
.08
241603 10
/20/2023 Anthony Gomes Regular 120
.00
241604 10/20
/2023 Aramark Uniform Ser Inc Regular 242
.63
241605 10
/20/2023 AT&T Mobility Regular 730
.69
241606 l0
/20/2023 AT&T Regular 1,712.58
241607 10/20/2023 Barton Overhead Door Inc Regular 560
.58
241608 10
/20/2023 Richard A Blak Phd Regular 450
.00
241609 10
/20/2023 Blueglobes LLC Regular 873.77
241610 10/20/2023 Boot Barn Regular 380.00
241611 10
/20/2023 Brinks Inc. Regular 779.41
241612 l0
/20/2023 CNA Surety Regular 615.00
241613 10/20
/2023 City of Dos Palos Regular 112
.00
241614 10
/20/2023 Central Sanitary Supply, LLC Regular 72.75
241615 10/20/2023 Central Valley Concrete Inc. Regular 1,344 .15
241616 10/20
/2023 Comcast Regular 209.06
241617 10
/20/2023 Copy Shipping Solutions Regular 787.01
241618 10
/20/2023 CSG Consultants Inc. Regular 1,035.00
241619 10/20
/2023 D & D Pest Control Regular 61.00
241620 10
/20/2023 Dispensing Technology
Corporation Regular 4,849.90
241621 10/20
/2023 Dos Palos Publishing Company Regular 370.00
241622 10/20/2023 Edges Electrical Group, LLC Regular 317.08 241623 l0
/20/2023 Enchantment ln Lights Regular 4,956
.50
241624 10/20
/2023 Fun Express LLC Regular 1,562
.23
241625 10
/20/2023 Norman Perry Regular
1,950.00
241626 10
/20/2023 Gouveia Engineering Inc. Regular 10,037.47
241627 10/20
/2023 Halcyon Creek lnc. Regular 909.73
241628 10
/20/2023 Halo Branded Solutions Inc. Regular 970
.87
241629 10
/20/2023 Hilmar Lumber Inc. Regular 948
.20
241630 10/20/2023 Holt of California Regular 483.17
241631 l0
/20/2023 Ingraham Trophies Regular 616
.74
241632 10
/20/2023 Phil Jacob Regular 480
.00
241633 10/20/2023 Los Banos Veterinary Services Regular 1,704.61 241634 10
/20/2023 Lucas Business Systems Regular 85
.33
241635 10
/20/2023 Marfablnc Regular 488.46
241636 10/20/2023 Matson Alarm Co Inc Regular 195.00
241637 10
/20/2023 Merced County Tax Collector Regular 14
,642.94
241638 10
/20/2023 Merced Truck & Trailer lnc Regular 250
.12
241639 l0/20/2023 Miracle Playsystems, Inc. Regular 3,994 .60
241640 10/20
/2023 Monterey Auto Services Inc. Regular 2,014
.68
241641 10
/20/2023 Emily Mendoza Regular 600
.00
241642 10/20/2023 NDN lntemational LLC Regular 252
.83
241643 10
/20/2023 Nossaman, LLP Regular 1,144
.50
12 241644 10
/20/2023 O'Reilly Auto Parts Regular 224.81
241645 10
/20/2023 Oppenheimer Investigations Group LLP Regular
3,642.00
241646 10
/20/2023 PG&E Company Regular 10
.05
241647 10
/20/2023 PSG Fencing Corp. Regular 1,200.00
241648 10
/20/2023 Pitney Bowes Inc Regular 216.61
241649 10
/20/2023 Protech Security & Electronics, Inc. Regular 240.00 241650 10
/20/2023 Quality Code Publishing Regular 737.00
241651 10/20/2023 Jeremy Rahn Regular 288
.00
241652 10
/20/2023 RAT Incorporated Regular 530.00
241653 10/20
/2023 Robert & Susan Hansen Regular 452.40
241654 10/20/2023 Southern Tire Mart, LLC Regular 1,805.14 241655 10
/20/2023 Springbrook Software, Inc. Regular 2,367.00
241656 10
/20/2023 Sorensens True Value Regular 343.38
241657 10
/20/2023 Sorensens True Value Regular I 04.35
241658 10
/20/2023 Technicon Engineering Services, Inc. Regular 2,905.50 241659 10/20/2023 The Heil CO Regular 220
.00
241660 10
/20
/2023 The Radar Shop, Inc. Regular 1,090
.00
241661 10
/20/2023 Triangle Rock Products Regular 229.90
241662 10/20/2023 Tyler Technologies, Inc. Regular 1,015.00 241663 10/20/2023 Rey & Maria Benitez Regular 117
.49
241664 10
/20/2023 West Publishing Corporation Regular 444.62
241665 10
/20/2023 Windecker Inc Regular
1,549.10
241666 10
/20/2023 Young's Air Conditioning Regular 438
.00
241667 10/23/2023 Westamerica Bank
- Cafeteria Plan Regular 76,460
.20
Break in check sequence due to the following: Payment Type Payment Check #241479 (Manual Void) Regular Checks 215 867
,920.46
Check #241565 - #241567 (Payroll) Manual Checks 0
0.00 Voided Checks 0
0.00 215 867,920,46
CITY OF LOS BANOS
CITY COUNCIL MEETING MINUTES
SEPTEMBER 6, 2023
ACTION MINUTES - These minutes are prepared to depict action taken far agenda items presented to the City Council. For detail of this meeting refer to the electronic media (CD and/or audio) kept as a permanent record.
CALL TO ORDER: Mayor Llanez called the City Council Meeting to order at the hour of 6:00 p.m.
PLEDGE OF ALLEGIANCE: Police Chief Brizzee led the pledge of allegiance.
ROLL CALL - MEMBERS OF THE CITY COUNCIL PRESENT: Council Members Douglas Begonia, Jr., Brett Jones, Kenneth Lambert, Deborah Lewis, Mayor Paul Llanez; ABSENT: None.
STAFF MEMBERS PRESENT: City Manager Pinheiro, City Attorney Vaughn, Police Chief Brizzee, City Clerk/Human Resources Director Mallonee, City Treasurer Lawrence, Fire Chief Tualla, Community & Economic Development Director Souza Elms, Interim Parks & Recreation Director Heim, Interim Finance Director Kuhn CONSIDERATION OF APPROVAL OF AGENDA: Motion by Jones, seconded by Lambert to approve the agenda as submitted. The motion carried by the affirmative action of all Council Members present.
PRESENTATIONS: PROCLAMATION - CERTIFICATE OF RECOGNITION - EMPLOYEE OF THE MONTH FOR JULY 2023 - JESUS PARRAS, POLICE SERGEANT; CERTIFICATE OF RECOGNITION - EMPLOYEE OF THE MONTH FOR AUGUST 2023 - JENNIFER LOA, HOMELESS OUTREACH COORDINATOR. Mayor Llanez presented the proclamation and certificate, for which Jesus Parras and Jennifer Loa were in attendance to accept.
PUBLIC FORUM: MEMBERS OF THE PUBLIC MAY ADDRESS THE CITY COUNCIL
MEMBERS ON ANY ITEM OF PUBLIC INTEREST THAT IS WITHIN THE JURISDICTION OF THE CITY; INCLUDES AGENDA AND NON-AGENDA ITEMS. NO ACTION WILL BE TAKEN ON NON-AGENDA ITEMS. SPEAKERS ARE LIMITED TO A FIVE (5) MINUTE PRESENTATION. DETAILED GUIDELINES ARE POSTED ON THE COUNCIL CHAMBER INFORMATIONAL TABLE. Mayor Llanez opened the public forum and asked those at the meeting if they would like to speak. KA THY BALLARD spoke regarding legal, procedural and budgetary challenges on the consent agenda that may require public discussion, debate or open review, please honor the request to pull items for public discussion, she has does the research and has questions, for item E why take away a benefit internal promotional benefit, item I - why have we pulled out of something that was set and funding for the pathway to Merced College, item K - change order in the amount of $886,000 this is more than an oops, item N - does this not require a change in city ordinances for outside dining, she spoke to a copy of an article regarding 13 14
consent agendas with other cities and what qualifies as a consent agenda item; SHAWN MARSHALL, CEO of Peninsula Clean Energy (PCE), introduced herself and noted that they are their local energy provider since April 2022, met with the Mayor and City Manager today, spoke to how Los Banos customers are enjoying a minimum of 5% discount, we have invested nearly $2 million in services at the WWTP, Community Center, homeowners low income programs, etc.; CHRISTIAN SANTOS, Congressman Duarte's representative, spoke regarding what they are working on, concerns with forest and wildfire mismanagement and associated severe health risks, MCAG and CalTrans partnership to advocate for vital quality of life projects, thanked those who made it out to the Town Hall in Atwater and hopes to have a future one in Los Banos, the upcoming 22nd anniversary of 9/11 and ask for everyone to pray and keep out first responders in our thoughts; UNNAMED PERSON thanked Mayor Llanez for meeting with her the other day on the progress of the animal shelter which is moving rather smoothly, would like to hear about the progress of the project, she will continue to ask for transparency and seek public input in the animal shelter project; UNNAMED PERSON, spoke to a rhetorical question by CM Lewis at the last meeting, to ARPA funds and what is allowed and isn't allowed, he is not nearly talking about a lack of transparency but discouraging people to apply for funds, guidelines are not being followed, guidelines being used are very restrictive, referring to a list of grant awards, until the city publishes the scoring system they used they cannot say they are discriminating against some businesses or favoring others, at the last meeting it was stated that a report on the program would be premature and a letter would be sent out, how he has not received a letter, disregard for financial regulations is putting the city funds at risk, he is again asking for a report at the next city council meeting with an explanation of scoring, this is all public information bound by the California public records act and no reason it can't be included in the agenda packet, except for some members of the city want to keep the truth from the public; TOY TODD, representing Los Banos Chamber of Commerce, gave an update on some things going on, thanked the City Council for their support of their events, Fall Street Faire, Rotary Pancake breakfast, blood drive, food booths with live entertainment, excited being invited to participate in the Los Banos Small Business Expo being held on October 12, 2023 at the Community Center, Halloween Trunk or Treat, Chamber Christmas parade being held on December 2, 2023 with food booths, vendors, live entertainment, spoke about the new chamber members, ribbon cuttings, mixers at the end of every month; UNNAMED PERSON, spoke regarding the Los Banos Elks Lodge flamingo flocking fundraiser, October 27, 2023 Trunk or Treat, October 29, 2023 city Halloween event, October 28, 2023 animal trick or treat event fund raiser to raise funds for the animal shelter pets, Elks Drug Awareness Program and essay poster and video contest coming up, and then Elroy the Drug Awareness Elk showed up at the meeting and will be at the street faire; CAMI AVELAR, updated the council with her concerns with the homeless on the rail trail behind her house and how her husband walked the trail and feels that you need boots to walk back there because of all the needles, noise is bad and she doesn't get to enjoy the breeze, she drives around and has scoped out places that were better suited then behind her home; UNNAMED PERSON, read an excerpt from the Brown Act, the purpose and scope, how he feels information is being held from the public, todays consent agenda has new business and several millions of dollars of expenditures and where was the discussion held on these matters, concerns with meetings outside the council meeting, serial meetings, he feels we have a dictator that only certain council members can speak to staff, if one council members has information they all should have it, city council members are asking questions on behalf of constituents, you need to understand what 15 your roles and responsibilities are, just because you can do something doesn't mean you should, and how he feels they are violating rules and the brown act.
No one else came forward to speak and the public forum was closed.
CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Council Member Lewis requested that items 7D - Measure H Committee Financial Update, 7E - City Council Resolution No. 6678 - Approving an Amendment to Division 1 - General of the City's Policy & Procedures Manual to Add Language Regarding At-Will Employees as it Pertains to Middle Manager Positions, 7G - City Council Resolution No. 6680 - Authorizing the City Manager to Execute an Out of Boundary Service Agreement with Hostetler Ranches, LLC Located at 15054 Badger Flat Road, Upon Local Agency Formation Commission Approval, 71 - City Council Resolution No. 6682 - Declaring Its Intent to No Longer Pursue the Pacheco Boulevard (SR 152) Regional Path Project City Council Resolution No. 6682 - Declaring Its Intent to No Longer Pursue the Pacheco Boulevard (SR 152) Regional Path Project, and 7M - City Council Resolution No. 6686 - Approving and Adopting Final Tract Map No. 2021-01 Quail Meadows Villages at Stonecreek V Large Lot Generally Located within the Area Bounded by Highway 152 to the North, Future Pioneer Road to the West, Prairie Springs Drive to the East, and Cardoza Road to the South (Lodi Development, Inc.) be removed from the agenda for separate presentation and vote.
Mayor Llanez stated that City staff has requested that item 7 J - City Council Resolution No. 6683 -Authorizing the Public Works Director/City Engineer to Execute Change Order No. 5 to the Contract with Pro Group Painting for Exterior Painting of the Los Banos Community Center and Amend the Fiscal Year 2023-2024 Budget by Increasing the Appropriation Amount in the Recreation Account 100-451-240-205 in the Amount of $74,000 be removed from the agenda for good.
7 D - Measure H Committee Financial Update. Interim Finance Director presented the staff report. Council Member Lewis stated that she just wanted a verbal presentation and inquired as to the corrected copies that were distributed, for which City Clerk Mallonee stated that it was a clerical error for the hard copy agenda packets.
Motion by Jones, seconded by Lambert to accept the Measure H Committee Financial Update as submitted. The motion carried by the following roll call vote: AYES: Begonia, Jones, Lambert, Lewis, Llanez; NOES: None.
7 E City Council Resolution No. 6678 -Approving an Amendment to Division 1 - General of the City's Policy & Procedures Manual to Add Language Regarding At-Will Employees as it Pertains to Middle Manager Positions. Council Member Lewis inquired to the City Manager as to why this change is happening for which City Manager Pinheiro responded as to why this change is happening; Council Member Lewis inquired as to if there are plans for other positions to become at will for which City Manager Pinheiro stated the positions listed are the ones being considered now; Council Member Lewis inquired as to if who will make the decision to terminate, the department head or city manager for which City Manager Pinheiro stated that these are the position that will be at will. Council Member Lewis stated that she has spoken to a few other cities and this is not a practice in most cities to make mid-management positions at will, how it takes away the opportunity to go back to their old position if they are not performing good and feels that 16 this is cruel, spoke to the language to be taken out about being able to go back into a previous held position, how it will stop good employees from moving up, and can not support it, it is a really negative thing, a control issue with our city; Council Member Jones stated that he is in support of this and wishes we could do it city-wide for all of our employees, he doesn't know of any business out there where they don't have control over hiring and firing employees, especially ones that milk the retirement clock and we have some employees that are just here until retirement because they love that pension and rarely do we see sometimes the enthusiasm to produce well for the city, this gives the city manager the ability to weed out the employees that are just coddling the government time clock, for every hire we do not have to promote up from the bottom, we can always hire from the outside and we wouldn't have any problem hiring from the outside for a lot of these positions, we have some top employees who hustle every day and they do a lot and get a lot of projects done as you are seeing all over the city and give it their all and the last thing we want is lazy employees; Council Member Lambert stated that he is kind of curious that he remembers about a year ago how Ms. Lewis was for it, curious why now you are against this; Mayor Llanez stated that he supports this because we have a lack of succession planning, he has been an employee with the City since 2003 and he doesn't want the next person up he wants the best person up, we need leadership and that is what we are seeking, we need succession planning and to build a future for the city and there needs to be accountability, he thinks of at will as constant accountability.
Motion by Jones, seconded by Lambert to adopt City Council Resolution No. 6678 - Approving an Amendment to Division 1 - General of the City's Policy & Procedures Manual to Add Language Regarding At-Will Employees as it Pertains to Middle Manager Positions. The motion carried by the following roll call vote: A YES: Begonia, Jones, Lambert, Llanez; NOES: Lewis.
Item 7G - City Council Resolution No. 6680 - Authorizing the City Manager to Execute an Out of Boundary Service Agreement with Hostetler Ranches. LLC Located at 15054 Badger Flat Road, Upon Local Agency Formation Commission Approval. Council Member Lewis inquired as to if we move forward with the developer will there be more pocket requests like this for water associated with the project; for which Community & Economic Development Director Souza Elms responded to as to the reason to not annex the property at this time. Council Member Jones noted that this is a storage facility so there shouldn't be any issues
Motion by Jones, seconded by Lambert to City Council Resolution No. 6680 -Authorizing the City Manager to Execute an Out of Boundary Service Agreement with Hostetler Ranches, LLC Located at 15054 Badger Flat Road, Upon Local Agency Formation Commission Approval. The motion carried by the following roll call vote: A YES: Begonia, Jones, Lambert, Lewis, Llanez; NOES: None.
Item 71 - City Council Resolution No. 6682 - Declaring Its Intent to No Longer Pursue the Pacheco Boulevard (SR 152) Regional Path Project. Council Member Lewis stated that she is very saddened that this once approved project is not moving forward but happy to say that MCAG has pick up this project and it will continue on and she thanked them for that; Mayor Llanez spoke to why this project needs to stop exactly where it is, to have a funded project to promote people to walk on this is very dangerous, how there are free bus rides for college students, did not feel that the City should pick up the $2.3 million tab 17 for this project, we have other things in the City that are much higher priority, connecting streets is more important, and how CalTrans and Los Banos Police Department were not consulted on this. Council Member Jones stated how they are good steward of the tax payer dollars, and it would be cheaper to take an uber drive.
Motion by Jones, seconded by Lambert to adopt City Council Resolution No. 6680 - Authorizing the City Manager to Execute an Out of Boundary Service Agreement with Hostetler Ranches, LLC Located at 15054 Badger Flat Road, Upon Local Agency Formation Commission Approval. The motion carried by the following roll call vote:
A YES: Begonia, Jones, Lambert, Llanez; NOES: Lewis.
Item 7N - City Council Resolution No. 6687 - Approving and Authorizing the City Manager to Execute a License Agreement Between the City of Los Banos and the Bad Boys for Life, LLC, OBA: Jams209 for the Property Located at 516. 518 and 520 I Street.
Council Member Lewis inquired as to how this request relates to what is being asked to be approved and asked staff to explain the maps for which Community & Economic Development Director Souza Elms responded to.
Motion by Jones, seconded by Lambert to City Council Resolution No. 6680 -Authorizing the City Manager to Execute an Out of Boundary Service Agreement with Hostetler Ranches, LLC Located at 15054 Badger Flat Road, Upon Local Agency Formation Commission Approval. The motion carried by the following roll call vote: AYES: Begonia, Jones, Lambert, Lewis, Llanez; NOES: None.
Motion by Jones, seconded by Lambert to approve the remaining consent agenda items, minus item 7 J - City Council Resolution No. 6683 - Authorizing the Public Works Director/City Engineer to Execute Change Order No. 5 to the Contract with Pro Group Painting for Exterior Painting of the Los Banos Community Center and Amend the Fiscal Year 2023-2024 Budget by Increasing the Appropriation Amount in the Recreation Account 100-451-240-205 in the Amount of $74,000, as follows: Check Register for #240153 - #240809 in the Amount of $7,561 ,809.58; Minutes for the July 19, 2023 City Council Meeting; Minutes for the August 2, 2023 City Council Meeting; City Council Resolution No. 6679 -Approving and Authorizing the City Manager to Execute a License Agreement Between the City of Los Banos and the Central California Irrigation District Regarding the Cresthills Sanitary Sewer Line; City Council Resolution No. 6681 - Authorizing the City Manager to Issue Purchase Orders for Equipment and Vehicles Through the Cooperative Procurement Contract with Sourcewell for the Public Works Department; City Counoil Resolution No. 6683 Authorizing the Publio VV-Orks Director/City Engineer to Execute Change Order No. 5 to the Contract 1.vith Pro Group Painting for Exterior Painting of the Los Banos Community Center and Amend the Fiscal Year 2023 2024 Budget by Increasing the Appropriation Amount in the Recreation Account 100 451 240 205 in the Amount of $74,000; City Council Resolution No. 6684- Authorizing the Public Works Director/City Engineer to Execute Change Order No. 2 to the Contract with United Pavement Maintenance, Inc. for the Rehabilitation of Birch Avenue and G Street in the Amount of $885,760.56; City Council Resolution No. 6685 - Authorizing the Public Works Director/City Engineer to Sign Program Supplement Agreement No. 10-5160F15 and Related Documents for the CMAQ Grant CML-516(031) for Preliminary Engineering and Right-of-Way Phase with CalTrans for the Pioneer Road and Ortigalita Intersection Project; City Council Resolution No. 6686 - Approving and 18 Adopting Final Tract Map No. 2021-01 Quail Meadows Villages at Stonecreek V Large Lot Generally Located within the Area Bounded by Highway 152 to the North, Future Pioneer Road to the West, Prairie Springs Drive to the East, and Cardoza Road to the South (Lodi Development, Inc.); City Council Resolution No. 6688 -Authorizing Award of Construction Contract to Redstone Construction, Inc. in the Amount of $1,145,345 with a 10% Contingency in the Amount of $114,535 for the Construction of the Eastern Application Field Irrigation Piping Replacement Project and Adopting a Revised Budget for the Fiscal Year 2023-24 as it Pertains to the Waste Water Treatment Fund. The motion carried by the affirmative action of all Council Members present.
APPOINTMENT OF MEMBERS TO THE IMPROVEMENT STANDARDS AND
SPECIFICATIONS TECHNICAL ADVISORY COMMITTEE & COMMUNITY DESIGN STANDARDS TECHNICAL ADVISORY COMMITTEE. Interim Finance Director presented the staff report.
Motion by Begonia, seconded by Jones to appoint Council Member Jones, Council member Lambert, Planning Commissioner Cates, Planning Commissioner Robinson, Community & Economic Development Director Souza Elms, Parks & Recreation Commissioner Spevak, and Tree Commissioner Kaljian to the Improvement Standards and Specifications Technical Advisory Committee and Council Member Jones, Council member Lambert, Planning Commissioner Cates, Planning Commissioner Robinson to the Community Design Standards Technical Advisory Committee . . The motion carried by the affirmative action of all Council Members present.
APPOINTMENT OF COMMISSIONER TO TREE COMMISSION: One (1) Two (2) Year Term - Expiring December 31, 2024. Motion by Jones, seconded by Lambert to appoint Mary Accardo to the Tree Commission for a two (two) year term expiring December 31, 2024. Community Design Standards Technical Advisory Committee. The motion carried by the affirmative action of all Council Members present.
DESIGNATION OF VOTING DELEGATE AND ALTERNATE(S) FOR THE 2023
LEAGUE OF CALIFORNIA CITIES (LCC) ANNUAL CONFERENCE & EXPO BEING HELD SEPTEMBER 20-22, 2023 IN SACRAMENTO, CALIFORNIA. Motion by Lambert, seconded by Jones to appoint Council Member Begonia as the voting delegate and Council Member Jones as the alternate. The motion carried by the affirmative action of all Council Members present.
CANCELLATION OF THE REGULAR CITY COUNCIL MEETING SCHEDULED FOR WEDNESDAY, SEPTEMBER 20, 2023 DUE TO COUNCIL MEMBERS ATTENDING
THE LEAGUE OF CALIFORNIA CITIES CONFERENCE IN SACRAMENTO, CALIFORNIA, SEPTEMBER 20-22, 2023. Motion by Jones, seconded by Begonia to cancel the September 20, 2023 City Council Meeting due to Council Members attending the League of California Cities Conference in Sacramento. The motion carried by the affirmative action of all Council Members present.
ADVISEMENT OF PUBLIC NOTICES. (4 Reports). Community & Economic Development Director Souza Elms reported that there will be four public hearings at the September 13, 2023 Planning Commission Meeting to consider a Categorical Exemption from the California Environmental Quality Act (CEQA) pursuant to Section 15332 (Infill 19 Development Projects) for Site Plan Review #2023-07 for the development of a 2,400 sq. ft. commercial structure with drive-thru and various site improvements located within the Highway Commercial Zoning District at the southeast corner of Mercey Springs Rd. and Pacheco Blvd., more specifically identified as Assessor's Parcel Number: 083-130-039; to consider a Categorical Exemption from the California Environmental Quality Act (CEQA) pursuant to Section 15311 (Accessory Structures) for Conditional Use Permit #2023-08 to allow the use for four (4) storage containers for additional storage to be located within the Mixed Use Zoning District at 508 I St., more specifically identified as Assessor's Parcel Number: 025-191-019; to consider a Negative Declaration (SCH #2023080280) and Vesting Tentative Parcel Map #2023-01 to divide three (3) parcels into eighteen (18) parcels. The project site is located south of Technology Rd; more specifically identified as Assessor's Parcel Number: 084-030- 004,033,047; and to consider a Categorical Exemption from the California Environmental Quality Act (CEQA) Pursuant to Section 15301, Existing Facilities, and Cottage Food Operation #2023-02 for Elizabeth Rogers at 958 J St., more specifically identified as Assessor's Parcel Number:
026-132-022.
CITY MANAGER REPORT. City Manager Pinheiro spoke regarding the upcoming Salute to Seniors event being held on September 29, 2023, upcoming Grand Opening event of the 7th Street basketball courts on September 29, 2023 in collaboration and partnership with the Los Banos Unified School District.
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). Council Member Jones reporting for the LBDPBID stated that there are quite a few more garbage cans downtown and how they partnered with the City to put more garbage cans downtown and thanked the City, spoke regarding the upcoming Downtown Annual Farm to Table event on September 22, 2023. Mayor Llanez reporting for PCE stated that he appreciates Shawn showing up tonight and meeting with him and the City Manager earlier today and how there is a big misconception about PCE and that PCE is giving us a better rate, and the extra discounts available to those who qualify.
CITY COUNCIL MEMBER REPORTS
DEBORAH LEWIS: She would just like to say that we had 11 items on the consent agenda items that were important issues that the public couldn't hear about or ask questions, $5,107,775.42, minus the one item that was pulled, which is a lot of money that the tax payers spent tonight and didn't have a say on how it was spent or ask questions, this is the most I have ever seen in the 12 years she has been sitting up here, everything is being put on the consent agenda so that you the public can not know what is going on, very disappointing to me, don't think we are handling this correctly to be transparent to the public and allow them to have a say and redress the council.
KENNETH LAMBERT: Stated that they receive the agenda the same time we do on Friday online and they look at it, the public forum is for them to open up about items that are on here, whether it's on the consent or on the regular agenda I think we get the story across.
20 DOUGLAS BEGONIA, JR.: No report
BRETT JONES: Stated that the he has he said the date wrong for the Downtown Association Farm to Table event, it is on September 21, 2023, that Ms. Lewis had the opportunity to pull item K, the repaving of Birch Street, but that one is right next door where you live, would have been nice if you congratulate or thanked staff for all their hard work, you only talk about things that try to self-promote yourself, it's just getting old and doesn't believe anyone is believing you, you got a small crowd of followers and that's it, people are seeing through it, you're mad about the money we are spending, I'm mad that we didn't spend it years prior and having to deal with much need things now.
PAUL LLANEZ: Spoke regarding the hard work that our city staff do, paved roads, street improvements, in August how the city has delivered and laid 10,100 tons of asphalt in the city, 88 curb ramps replaced, 170,000 road replacement, etc. and he applauded Public Works Director/City Engineer Than's team for their efforts, spoke regarding the Animal Shelter improvements and additional staffing recent partnering with PETCO, information and transparency and how you can open your water bill there is a QR code where you can see all the city projects that are currently being done or have been completed, in the time that the agenda was put out he met with 13 people in our city about items on the agenda and thanked the public for continuing to come forward, fortunate that my son and I delivered pizzas to employees working on labor Day, invited all to come out and shoot basketball at the 7th Street grand opening event.
ADJOURNMENT. Motion by Jones, seconded by Lambert, the meeting was adjourned at 7:25 p.m. The motion carried by the affirmative action of all Council Members present.
APPROVED:
Paul Llanez, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
21 CITY OF LOS BANOS
CITY COUNCIL MEETING MINUTES
OCTOBER 4, 2023
ACTION MINUTES - These minutes are prepared to depict action taken for agenda items presented to the City Council. For detail of this meeting refer to the electronic media (CD and/or audio) kept as a permanent record.
CALL TO ORDER: Mayor Llanez called the City Council Meeting to order at the hour of 6:00 p.m.
PLEDGE OF ALLEGIANCE: Police Commander Reyna led the pledge of allegiance.
ROLL CALL - MEMBERS OF THE CITY COUNCIL PRESENT: Council Members Douglas Begonia, Jr., Brett Jones, Kenneth Lambert, Deborah Lewis, Mayor Paul Llanez; ABSENT: None.
STAFF MEMBERS PRESENT: City Manager Pinheiro, City Attorney Vaughn, Police Commander Reyna, City Clerk/Human Resources Director Mallonee, Fire Chief Tualla, Community & Economic Development Director Souza Elms, Interim Parks & Recreation Director Heim, Interim Finance Director Kuhn
CONSIDERATION OF APPROVAL OF AGENDA: Mayor Llanez stated that staff is requesting that item 8 - Consideration of Approval of City Council Resolution No. 6695 - Approving the Purchase and Sale Agreement for the Residential Real Property owned by the City Located at 1329 Frank Street, Dos Palos (APN 012-104-017) be removed from the agenda.
Motion by Jones, seconded by Lambert to approve the agenda as amended, with the removal of item 8 - Consideration of Approval of City Council Resolution No. 6695 - Approving the Purchase and Sale Agreement for the Residential Real Property owned by the City Located at 1329 Frank Street, Dos Palos (APN 012-104-017). The motion carried by the affirmative action of all Council Members present.
PRESENTATIONS: PROCLAMATION - CERTIFICATE OF RECOGNITION - EMPLOYEE OF THE MONTH FOR SEPTEMBER 2023 - DEBRA FISHER, ADMIN CLERK II IN THE PUBLIC WORKS DEPARTMENT. Mayor Llanez presented the proclamation and certificate, for which Debra Fisher was in attendance to accept.
PUBLIC FORUM: MEMBERS OF THE PUBLIC MAY ADDRESS THE CITY COUNCIL
MEMBERS ON ANY ITEM OF PUBLIC INTEREST THAT IS WITHIN THE JURISDICTION OF THE CITY; INCLUDES AGENDA AND NON-AGENDA ITEMS. NO ACTION WILL BE TAKEN ON NON-AGENDA ITEMS. SPEAKERS ARE LIMITED TO A FIVE (5) MINUTE PRESENTATION. DETAILED GUIDELINES ARE POSTED ON THE COUNCIL CHAMBER INFORMATIONAL TABLE. Mayor Llanez opened the public forum and asked those at the meeting if they would like to speak. 22 BEN HUDSON, representing Union members read a letter into the record (that is on filed with the City Clerk) regarding their dissatisfaction with current City Manager Josh Pinheiro, concerns with the new at will language for middle managers, concerns with City Manager Pinheiro being protected, the $1.8 million settlement payment to Josh Pinheiro after a threat of litigation, 5-0 vote now to terminate the City Manager, several department heads have resigned, negative interactions with City Manager Pinheiro public safety issues, public works issues, CHRISTIAN SANTOS, Representing Congressman Duarte, stated that he attending the Salute to Seniors event, congratulated Executive Director Michelle Sandoval with the Chamber of Commerce and all they are doing there, spoke regarding government shutdown and the path moving forward; BLANCHE JORGE, lives in a home in the downtown area, invited all to the Elks Lodge Halloween Fundraiser for the City's animal shelter, spoke regarding how the police department and animal shelter are working together to have a pet adoption time, raising money to help support the pets at our shelter and showed what they are offering those who adopt pets and the special bandana pets can receive; UNNAMED PERSON spoke regarding the local articles published by Michael Dunbar regarding City Manager Pinheiro, how ARPA funds are not being spent correctly, buildings being painted, trees being cut, streets being repaired, current budget is the same as last year, no budget work shop this year, don't we live in a democracy, and concerns that a lot of money is being spent by the majority of the city council and city manager; UNNAMED PERSON stated that she was going to continue to read the letter that Ben Hudson was reading regarding City Manager Pinheiro's experience, not qualified to lead the city, getting ready to have to assistants to help him do his job, essential duty is to build relationships, zero experience working in government, requests that these items be revisited regarding at will for mid manager positions, this job not a good job fit for him, fostering a toxic work place, majority of city employees are residents of Los Banos, they need to revisit the 5-0 vote clause and at will and the continued employment; UNNAMED PERSON, lives in Los Banos, she is 75 years old, she pays taxes and she works hard for it, she doesn't appreciate this council taking her tax dollars and giving it to an unqualified city manager, she is appalled at the way they treat my representative for my district - Deborah Lewis, she watches these meetings on her computer at home and what Brett Jones said at the end of the meeting upset her very much, we are very upset, concerned that our fire department doesn't even have a ladder truck, take some of your $1 .8 million and buy a couple fire trucks with ladders, hiring a head hunter to find a chief of police when we have more qualified men on our police department to be our chief, we need to get a finance director that is here and not flying in from LA, look at all the city employees that are leaving because of him, he micromanages and harasses our employees; UNNAMED PERSON, spoke regarding how the ARPA systems were scored and how he compared it to what other city's do, how they didn't allow council members or families members to receive funding, there is no transparency, how his gym is the only 24-hour gym in town and what he did during covid to stay open, how he didn't receive the full ARPA amount with no explanation provided, why are we less deserving, spoke to a cashier's check from his mom (who passed away 6 months ago) to help him keep his business running; UNNAMED PERSON, spoke to how he applied to the small business program and spoke to what he experienced and his concerns, the city has still not explained how they scored and awarded grants, how the timing of the email was a coincidence, when he followed up to inquire the status, on day 30 after receiving an email from HR requesting offering discounted benefits, how others in the same situation applied and received funds, consequence for doing a favor for one is discrimination and unfair treatment of others, 5th time he is requesting a copy of the 23 scoring system and details, concerns with quid pro quo arrangements; PATRICIA McCOY, Airforce veteran and chairman of the veterans parade, stated that this year's theme is Salute to the Air Force veterans on November 4, 2023, this is the first year back after covid and want to show a strong support for our veterans to show the honor and appreciation they deserve, patriotic school contest and how this is an educational opportunity to learn about how the veterans have sacrificed so much, hopes council attends; DOUG BEGONIA, wants to point out that the City of Los Banos voted and put this city council in place, you guys are doing the best job you can, there is always someone who isn't going to be happy, you can't pole all the citizens of Los Banos, if they want to make change then show up at the ballot box, don't complain after; UNNAMED PERSON, it is very unfortunate that we tried once it didn't work, we tried again it's not working, making a unilateral decision to make employees at will, ironic of the hypocrisy as there is no accountabilities for the one person you hire - city manager, how this change is status will reduce the expertise in the organization, they will not speak up on fear of retaliation, you are undermining their experience, we are witnessing an exodus of our talent and just hiring someone else will take years to train, there is nothing wrong with admitting you made a mistake, we tried it doesn't work, the process is faulty, how the Mayor stated that he would reappoint Pinheiro prior to becoming Mayor, we are losing a lot of money because we have a city manager that doesn't understand his role, no extra grant funding for Los Banos, there was a ceremony for a candidate for Merced County judge and no one showed up, you want accountability, you wanted to hire local so keep with that when hire local with the next police chief; KATHY UHLEY, District 4, spoke regarding her concern for animals, finding funds to offer spay and neutering services to the residents and how very costly it is to fix a female cat in town, months ago she brought up the idea of an Animal Advisory Commission and how someone else has brought up the idea prior too, feels it is a really great idea and unfair to have the Police Department take on all this, hears a lot of things and knows that everyone loves this city and wants the best for this town; UNNAMED PERSON stated that she agrees with all that Kathy said, appreciates the information we are getting from the Westside Express and hopes to hear more, spoke to how she did meet with the Mayor and inquired as to why there has been no progress with the Animal Shelter, she once again requested that the city council approve an Animal Advisory Commission, residents have been asking for a commission for a few years, the need is real, a recent episode at the Animal Shelter where a few animals were ill without being tested and euthanasia, Mayor Llanez suggested that we start a non-profit organization but that does not take place of an Animal Advisory Commission and she is requesting that you petition the city council to create one and wonders what are we waiting for; ROY TODD, Los Banos Chamber of Commerce, spoke to membership being at 227, new members, ribbon cuttings, re-opening of the Golden Valley Health Center, mixers, office will be closed on October 9, 2023 for Columbus Day, October 12, 2023 they will be at the Community Center Small Business Expo and encourage all to attend, the Fall Street Fair is on September 16, 2023 and the Trunk or Treat was moved to October 20, 2023; ROY TODD, 66 years old, has been working since he was 16 and how he has always been an at will employee, how he's always had executive and managers do the right thing and treated everyone as adults with respect.
No one else came forward to speak and the public forum was closed.
CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Council Member Lewis requested that items 78 - City Council Resolution No. 6689 - Authorizing the City Manager to Execute the Contract with Marina Landscape Inc. for the Construction of 24 Pacheco Park Irrigation Renovations in the Amount of $496,055 and a Project Contingency of $75,000 and Amend the Fiscal Year 2023-2024 Budget by Increasing the Appropriation Amount in the Park Development Fund Account 250-454-220-717 in the Amount of $320,000; 7D - City Council Resolution No. 6691 - Authorizing the City Manager to Execute Amendment No. 1 to the Professional Services Agreement with Fehr & Peers, Inc. to Conduct Additional Traffic Data Collection for the Transportation Master Plan Update in the Amount of $10,800, 7E - City Council Resolution No. 6692 - Authorizing Award of Construction Contract to Amerine Systems, Inc. in the Amount of $675,000 with a 10% Contingency in the Amount of $67,500 for the Construction of the West I Street Sewer Lift Station Rehabilitation Project and Adopting a Revised Budget for the Fiscal Year 2023-24 as it Pertains to the Waste Water Collection Fund, 7G - City Council Resolution No. 6694 - Authorizing the City Manager to Execute a Professional Services Agreement between the City of Los Banos and Jacob Green & Associates for Recruitment Services to Fill the Positions of Public Works Director/City Engineer, Assistant Public Works Director, and Public Works Operations Manager as Stated in their Proposal be pulled from the consent agenda for separate presentation. 7B - City Council Resolution No. 6689 - Authorizing the City Manager to Execute the Contract with Marina Landscape Inc. for the Construction of Pacheco Park Irrigation Renovations in the Amount of $496,055 and a Project Contingency of $75,000 and Amend the Fiscal Year 2023-2024 Budget by Increasing the Appropriation Amount in the Park Development Fund Account 250-454-220-717 in the Amount of $320,000. Council Member Lewis noted that McElvaney was the lowest bid, Marina Landscape was the lowest responsive bid and wanted more details, for which Interim Parks & Recreation Director Heim explained that there were some items left out of the bid; Council Member Lewis inquired as to the contingency amount for which Interim Parks & Recreation Director Heim explained the construction management services and costs associated with the agreement and explained the 15% contingency oversight, how O'Dell Engineering has been selected to do the design, and there may be a cost savings. 7D - City Council Resolution No. 6691 - Authorizing the City Manager to Execute Amendment No. 1 to the Professional Services Agreement with Fehr & Peers, Inc. to Conduct Additional Traffic Data Collection for the Transportation Master Plan Update in the Amount of $10,800. Council Member Lewis stated that this project has been approved to move forward, why are we asking for an increase, what's the extra $10,800 for; for which Interim Finance Director Kuhn explained that it is for extra data to be collected. 7E - City Council Resolution No. 6692 - Authorizing Award of Construction Contract to Amerine Systems, Inc. in the Amount of $675,000 with a 10% Contingency in the Amount of $67,500 for the Construction of the West I Street Sewer Lift Station Rehabilitation Project and Adopting a Revised Budget for the Fiscal Year 2023-24 as it Pertains to the Waste Water Collection Fund. Council Member Lewis stated that the staff report has different calculations and staff is asking for an increase, for fiscal impact there is an additional $80,000 for Provost and Pritchard, and projected calculations for which Interim Parks & Recreation Director Heim explained that the extra funding is for inspection services and explained the costs stated.
7G - City Council Resolution No. 6694 - Authorizing the City Manager to Execute a Professional Services Agreement between the City of Los Banos and Jacob Green & 25 Associates for Recruitment Services to Fill the Positions of Public Works Director/City Engineer. Assistant Public Works Director, and Public Works Operations Manager as Stated in their Proposal. Council Member Lewis inquired as to the $73,800 plus traveling costs and desire to have someone with e PE for which Human Resources Director Mallonee responded too, Interim Parks & Recreation Director Heim explained the reasoning for not requiring a Civil Engineering designation.
Motion by Lewis, seconded by Begonia to approve the consent agenda as follows: Check Register for #240810 - #241238 in the Amount of $5,082,002.54; City Council Resolution No. 6689 - Authorizing the City Manager to Execute the Contract with Marina Landscape Inc. for the Construction of Pacheco Park Irrigation Renovations in the Amount of $496,055 and a Project Contingency of $75,000 and Amend the Fiscal Year 2023-2024 Budget by Increasing the Appropriation Amount in the Park Development Fund Account 250-454-220-717 in the Amount of $320,000; City Council Resolution No. 6690 - Authorizing Award of Contract to Synagro, Inc. in the Amount of $1,997,902.53 with a Contingency in the Amount of $21,797.47 for the BioSolid Removal Contract at the Waste Water Treatment Plant; City Council Resolution No. 6691 - Authorizing the City Manager to Execute Amendment No. 1 to the Professional Services Agreement with Fehr & Peers, Inc. to Conduct Additional Traffic Data Collection for the Transportation Master Plan Update in the Amount of $10,800; City Council Resolution No. 6692-Authorizing Award of Construction Contract to Amerine Systems, Inc. in the Amount of $675,000 with a 10% Contingency in the Amount of $67,500 for the Construction of the West I Street Sewer Lift Station Rehabilitation Project and Adopting a Revised Budget for the Fiscal Year 2023-24 as it Pertains to the Waste Water Collection Fund; City Council Resolution No. 6693 - Authorizing the City Manager to Execute a Professional Services Agreement between the City of Los Banos and Precision Civil Engineering, Inc. for On-Call Temporary Staffing Services for the Public Works Department in an Amount Not to Exceed $200,000; City Council Resolution No. 6694 - Authorizing the City Manager to Execute a Professional Services Agreement between the City of Los Banos and Jacob Green & Associates for Recruitment Services to Fill the Positions of Public Works Director/City Engineer, Assistant Public Works Director, and Public Works Operations Manager as Stated in their Proposal. The motion carried by the affirmative action of all Council Members present.
CONSIDERATION OF APPROVAL OF CITY COUNCIL RESOLUTION NO. &&95
APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE RESIDENTIAL REAL PROPERTY O\&JNED 8¥ THE CITY LOCATED AT 1329 FRANK STREET, DOS PALOS (APN 012 104 017. Removed from the agenda at the beginning of the meeting with approval of the agenda.
CONSIDERATION OF NOMINATION TO MERCED COUNTY ASSOCIATION OF
GOVERNMENTS (MCAG) MEASURE V CITIZENS OVERSIGHT COMMITTEE - Michael Amabile. Motion by Jones, seconded by Lambert to approve the nomination of Michael Amabile to MCAG Measure V Citizens Oversight Committee. The motion carried by the affirmative action of all Council Members present.
ADVISEMENT OF PUBLIC NOTICES. (4 Reports). Community & Economic Development Director Souza Elms reported that there will be four public hearings at the September 13, 2023 Planning Commission Meeting to consider a Categorical Exemption 26 from the California Environmental Quality Act (CEQA) Pursuant to Section 15301 , Existing Facilities, and Cottage Food Operation #2023-03 for Yudit Romo Llanos at 436 N. Mercey Springs Rd., more specifically identified as Assessor's Parcel Number: 424- 120-002; to consider a Categorical Exemption from the California Environmental Quality Act (CEQA) pursuant to Section 15332 (Infill Development Projects) for Site Plan Review #2022-10 for the development of a three (3) story mixed-use structure within the MixedUse Zoning District. The proposed project consists of fifteen (15) residential units and two (2) commercial units totaling 16,200 square feet located at 655 J Street; more specifically identified as Assessor's Parcel Numbers: 026- 053-008.
CITY MANAGER REPORT. City Manager Pinheiro gave a gib thank you to staff for all the painting jobs around the City.
REPORT/UPDATE ON MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG), PENINSULA CLEAN ENERGY (PCE}, MEASURE V COMMITTEE, AND SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT (SJVAPCD}, AND LOS
BANOS DOWNTOWN PROPERTY & BUSINESS IMPROVEMENT DISTRICT (LBDPBID). Mayor Llanez stated that the next MCAG meeting is next week; PCE offers extra discounts, there has been a miscommunication on a certain charge and he is working with PCE to find a way to get excess funds to Los Banos residents.
CITY COUNCIL MEMBER REPORTS
KENNETH LAMBERT: Stated that this council, we support all of our city employees, first responders, fire and police, we do support our city employees, items B, C, D, E are things that needed to be done several years ago and are just now getting done, what we are doing is what's best for the city, with more to come down the road.
DOUGLAS BEGONIA, JR.: The last council meeting was cancelled because we were at the League Conference in Sacramento, he learned about emergency preparedness, how to combat homelessness, how to conduct ourselves as council member, how everyone is not going to agree with what we do, and act in a professional way, there were incredible and amazing things from the vendors, technology that we could use at City Hall, the keynote speaker was Brandon Fleming and he was glad to hear his story.
BRETT JONES: No report.
DEBORAH LEWIS: Stated that in regards to the items on the consent agenda, maybe some of them could be done a year or so ago maybe not, her point is that there is no opportunity for readdress and she pulls each item off so that they can be discussed and the public know how their money is being spent, how she sits on the Valley Air Board and was elected by other county agencies to sit on, there is a policy that we are not allowed as members to apply for grant funding and I think that is something we as a Council need to consider moving forward here in Los Banos; how we have had the Interim Finance Director on board for 13 months now and the total amount of money we have paid him is over $300,000, I know that we are recruiting for a Police Chief, Public Works Director and some other positions but has not heard anything about the Finance Director recruitment and feels that we should fill this position too, it is time for us to fill this position with someone that is here every day and not just a few day out of the month; people have 27 asked her why she asks so many questions and it is because staff has to have permission to talk to her and what she hears is what people tell me in the community, I have no idea what goes on in this town, I am entitled to receive the same information that others receive.
PAUL LLANEZ: Stated that when he was elected he was sent to the League Conference to learn things like decorum as a council member and your communication with city staff and how not to pull items form the consent agenda and put employees on the spot, it is now 7:41 pm and people have been here 13 hours, how he is very open with his availability to meet and discuss any agenda meeting item; thanked all city staff, commenting on how it takes guts to come to the podium and speak, a little upset that he spoke to the local newspaper for 37 minutes which only amounted to a few quotes, how an unnamed person came to our city manager and asked for funds to start a newspaper, and how city staff doesn't have to agree with policy and he will listen to them, his door will never close.
ADJOURNMENT. Motion by Jones, seconded by Lewis, the meeting was adjourned at 7:44 p.m. The motion carried by the affirmative action of all Council Members present.
APPROVED:
Paul Llanez, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
THIS PAGE IS INTENTIONALLY LEFT BLANK
28 29
TO:
FROM:
DATE:
LOsBanos
'·' ... , ..
Agenda Staff Report
Mayor & City Council Members
Lucy Mallonee, MMC J)'f"
City Clerk/Human Resources Director
November 1, 2023
TYPE OF REPORT: Consent Agenda
SUBJECT: Closure of Non-Essential City Offices
Recommendation:
Approve closure of non-essential City offices on Tuesday, December 26, 2023.
Background:
City policy provides a paid holiday to City employees for Christmas Day and New Year's Day. With Christmas Day and New Years Day falling on a Monday, it is reasonably certain that the following Tuesdays will be exceptionally slow business days. Thus, it provides a great opportunity to close all non-essential functions in an effort to realize associated employee and energy cost savings.
Discussion:
Under this scenario, all offices located at 520 J Street, 411 Madison Avenue, 645 7th Street, and 1015 F Street would be closed on Tuesday, December 26, 2023. All nonessential functions outside of these offices (Police and Fire) would also be closed and departments may reduce staffing in other areas that are necessary for the provision of essential services.
30 Employees affected by the closures may utilize accrued leave balances such as Vacation and Compensatory Time Off (CTO), which is accrued by overtime-eligible employees in lieu of accepting actual cash payment for overtime. As a result, the City may realize additional cost savings by reducing the long-term liability associated with these accrued leaves.
Fiscal Impact:
The City will realize cost savings through reduced energy usage on the business closure days and reduce the unfunded liability associated with the accrued leave balances.
Brent Kuhn, Interim Finance Director
Attachments:
Resolution
31 RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS APPROVING CLOSURE
OF NON-ESSENTIAL CITY OFFICES ON
TUESDAY, DECEMBER 26, 2023
WHEREAS, the City Manager has approved staff's recommendation to close non-essential City offices on Tuesday, December 26, 2023 allowing employees to utilize accrued leave balances such as Vacation or Compensatory Time Off (CTO).
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Los Banos does hereby approve the closure of all non-essential City offices on Tuesday, December 26, 2023.
BE IT FURTHER RESOLVED that employees may utilize accrued leave balances such as Vacation or Compensatory Time Off (CTO).
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 1st day of November 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: Council Members
NOES:
ABSENT:
APPROVED:
Paul Llanez, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
THIS PAGE IS INTENTIONALLY LEFT BLANK
32 33
TO:
FROM:
DATE:
LO Bano
Al the C
Agenda Staff Report
Mayor Llanez & City Council Members
Josh Pinheiro, City Manager JP
November 1, 2023
SUBJECT: Professional Services Agreement for Interim Financial Director Services REPORT: Consent Agenda
Recommendation:
That the City Council approve a Resolution authorizing the City Manager to sign a Professional Services Agreement with Brent Kuhn to provide the City with Interim Finance Director Services.
Discussion:
In July of 2022 the City reached out to Brent Kuhn who is very qualified and familiar with the City Finance Department and previously provided the City with various financial consulting services. As a result Mr. Kuhn was retained and has been providing Interim Finance Director Services to the City since July 2022.
Under the current Agreement with Mr. Kuhn's LLC, the parties contemplated that the City would need Mr. Kuhn to be available 20-25 hours per week and available to attend City Council Meetings on an as needed basis at an hourly rate $150 plus expenses such as travel and lodging,
The City Manager has recognized that due to the existing work load in the Finance Department (and throughout the City) it is in the best interest of the City to expand the scope of services and hours of availability of Mr. Kuhn. As a result the City Manager is recommending that the City enter into a revised Professional Services Agreement with Mr. Kuhn.
34 The proposed revised Professional Services Agreement provides for an expanded scope of services as follows:
• Develop, plan and implement Department goals and objectives; recommend and administer policies and procedures.
• Coordinate Department activities with those of other departments and outside agencies and organizations; provide staff assistance to the City Manager and City Council; prepare and present staff reports and other necessary correspondence.
• Direct, oversee and participate in the development of the Department's work plan; assign work activities, projects and programs; monitor work flow; review and evaluate work products, methods and procedures.
• Recommend the appointment of personnel; provide or coordinate staff training; conduct performance evaluations; implement discipline procedures as required; maintain discipline and high standards necessary for the efficient and professional operation of the department.
• Answer questions and provide information to the public; investigate complaints and recommend corrective action as necessary to resolve complaints. • Build and maintain positive working relationships with Department heads, other City employees and the public using principles of good customer service. • Research and prepare technical and administrative reports and studies; prepare written correspondence as necessary.
• Develop schedules and methods to accomplish assignments ensuring work is completed in a timely and efficient manner.
• Recommend and assist in the implementation of goals and objectives; establish schedules and methods for the operation of the City's financial and fund accounting systems; implement policies and procedures.
• Plan, prioritize, assign, supervise and review the work of staff involved in the development and administration of the City's budget and fund accounting and the performance of a variety of financial related duties. • Evaluate operations and activities of assigned responsibilities; recommend improvements and modifications; prepare various reports on operations and activities.
• Oversee general ledger, bank reconciliations, fixed asset system, payroll, accounts payable, cash receipts and municipal utility services. • Prepare a variety of technical and financial statement and reports. • Coordinate the development and implementation of the annual budget; assist City departments regarding the budget process.
• Direct the development, implementation and administration of the City's capital improvement program as it relates to City-owned utilities and electrical facilities.
• Perform utility rate structure analysis and make recommendations on utility rates. • Provides customer account services by analyzing and clarifying computations or billing discrepancies; makes municipal utility services account adjustments as necessary.
• Coordinate and perform a variety of research, collection and analysis of financial 35 and related data.
• Coordinate and prepare a variety of financial reports and studies including the annual audit.
• Plan, prioritize, and review the work of staff assigned to a variety of clerical accounting duties including the processing of payments and maintenance of a variety of financial reports and records.
• Manage grant compliance function with respect to financial activity and the preparation of related reports.
• Supervise the maintenance of financial records and files. • Perform risk management tasks including insurance requirement reviews. • Manage and oversees special district and restricted revenue fund activity. • Perform the most difficult work related to area of functional responsibility, which may include utility billing, accounts payable/receivable.
In addition to the expanded scope, the proposed Professional Services Agreement provides that Mr. Kuhn provide to the City an increased number of hours up to 40 hours per week. Professional services in excess of forty (40) hours shall require approval by the City Manager. The proposed Professional Services Agreement also provides that Mr. Kuhn will be present at Los Banos City Hall in person a minimum of 9 days per month. Instead of the current hourly rate of $150 per hour plus expenses; the proposed Professional Services Agreement provides for an hourly rate of $165 per hour including travel time, payable bimonthly or monthly. The hourly fee is inclusive of all actual travel expenses (air, auto, meals), lodging expenses, and other out of pocket expenses incurred by Mr. Kuhn which shall be the responsibility of Mr. Kuhn.
Fiscal Impact:
This Agreement is projected to cost the City of Los Banos $26,400 per month.
Contrasted with the monthly salary and benefits payable to a top step Finance Director at $31,293 per month cost to the City.
Attachments
Proposed Professional services agreement
Proposed Resolution
THIS PAGE IS INTENTIONALLY LEFT BLANK
36 37
RESOLUTION NO
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS BANOS
APPROVING A PROFESSIONAL SERVICES AGREEMENT FOR
INTERIM FINANCE DIRECTOR SERVICES WITH BRENT KUHN
A. WHEREAS, the City has a vacancy at the position of Finance Director and requires the services of an Interim Finance Director for an undetermined period of time until the position is filled;
B. WHEREAS, Brent Kuhn possesses extensive experience and possesses the specialized skill set to perform the required duties of Interim Finance Director; C. WHEREAS, Brent Kuhn is competent and qualified to perform the services required by this Agreement and City wishes to retain Consultant to perform the Finance Director duties on an interim basis;
D. WHEREAS, Brent Kuhn has been providing Interim Finance Services satisfactorily to the City since July 2022 under agreement with BWK Consulting, LLC; E. WHEREAS, Brent Kuhn has agreed to provide the Professional Services in accordance with the terms and conditions of the Professional Services Agreement attached hereto as Exhibit "A"; and
F. WHEREAS, the City Council finds that the Professional Services Agreement is in the best interest of the City and that the City Council wishes to approve same in substantially the form attached hereto as Exhibit "A."
NOW, THEREFORE, BE IT RESOLVED that:
1. The City Council finds all of the foregoing recitals to be true and correct;
2. Based upon the foregoing it is not necessary nor in the City's best interests to follow the formal RFP process;
3. The City Council approves and authorizes the City Manager to execute the Professional Services Agreement with Brent Kuhn for Interim Finance Director Services as presented in Exhibit A; and
4. The City Council authorizes the City Manager to terminate the current Professional Services Agreement with BWK Consulting, LLC upon full execution of the Professional Services Agreement with Brent Kuhn. 38 The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the _ day of November 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
39 PROFESSIONAL SERVICES AGREEMENT
FOR INTERIM FINANCE DIRECTOR SERVICES
THIS Professional Services Agreement ("Agreement") is made and entered into as of the __ day of November 2023, by and between the City of Los Banos, a municipal Corporation (herein referred to as "City") and BRENT KUHN, an individual (herein referred to as "Consultant") collectively (' Parties").
RECITALS
A. WHEREAS, the City has a vacancy at the position of Finance Director and requires the services of an Interim Finance Director for an undetermined period of time until the position is filled;
B. WHEREAS, Consultant possesses extensive experience and possesses the specialized skill set to perform the required duties of Interim Finance Director; C. WHEREAS, Consultant is competent and qualified to perform the services required by this Agreement and City wishes to retain Consultant to perform the Finance Director duties on an interim basis;
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:
1. Term. The term of this Agreement shall commence on the above written date until terminated as set forth herein.
2. Scope of Services. Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference.
Notwithstanding services described above, the City may request and Consultant may agree to perform other services. The scope of such other services and compensation shall be agreed to in writing, signed by both parties and shall become a part of this Agreement.
2.1. All professional services shall be performed by Consultant or under Consultant's supervision. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional Consultants in accordance with sound professional practices.
2.2 Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement. 1 40
3. Time of Performance. Time is of the essence in the performance of services under this Agreement and the services shall be performed to completion in a diligent and timely manner. The failure by Consultant to perform the services in a diligent and timely manner may result in termination of this Agreement by City. Consultant shall provide the contemplated professional services to the City under this Agreement up to forty ( 40) hours per week (remotely or in person), including a minimum of nine (9) days per month in person at Los Banos City Hall.
Professional services in excess of forty ( 40) hours per week shall require approval by the City Manager.
Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided, each party hereby agrees to provide notice to the other party so that all delays can be addressed.
4. Compensation. City shall pay Consultant at the rate of $165.00 per hour for the professional services including travel time, payable bimonthly or monthly. The hourly fee is inclusive of all actual travel expenses (air, auto, and meals), lodging expenses, and other out of pocket expenses incurred by Consultant in the performance of the professional services.
4.1 Consultant shall submit bimonthly or monthly invoices to City describing the work performed the preceding period. Consultant's bills shall include the name of the person who performed the work, a brief description of the services performed and the specific Task in the Scope of Services to which it relates, the date the services were performed, the number of hours spent on all work performed.
4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in advance by City.
4.3 Consultant shall not receive any compensation for Additional Work without the prior written authorization of City. As used herein, "Additional Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement.
5. Contract Administration. The City Manager shall have the authority to act for City under this Agreement. The City Manager or his/her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement.
Consultant shall have the authority to act for Consultant under this Agreement.
6. INTENTIONALLY LEFT BLANK
7. Indemnification. To the fullest extent permitted by law, Consultant shall defend (with counsel of City's choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any 2 41
acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, under this Agreement, including without limitation the payment of all damages, expert witness fees and attorney's fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
8. Insurance. Without limiting Consultant's indemnification of City, and upon execution of this Agreement,. Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by the City Attorney prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City Attorney.
D. Coverage Requirements.
i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers. Proof of Workers' Compensation is not required if Consultant provides written verification that consultant has no employees. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Consultant's general liability policies shall be primary and non-contributory, and be endorsed using Insurance Services Office form CG 20 10 to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies.
111. Automobile Liability Coverage. Consultant shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01, or 3 42
the exact equivalent, with a limit of no less than one million dollars ($1,000,000) per accident. If Consultant owns no vehicles, this requirement may be met through a non-owned auto endorsement to the CGL policy.
iv. Professional Errors and Omissions Insurance. Consultant shall maintain professional liability insurance that insures against professional errors and omissions that may be made in performing the Services to be rendered in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and not less than two million dollars ($2,000,000) in the annual aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement, and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this Agreement.
E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant.
ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self-insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder.
111. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers.
v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non-payment of premium) written notice has been received by City.
8.1. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property. 4 43
8.2 Consultant shall not allow any subcontractors or sub consultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or sub consultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or sub consultants.
9. Nondiscrimination. In the performing of this Agreement, Consultant shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation race, religion, color, national origin, handicap, ancestry, sex or age.
10. Independent Contractor. It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services.
10.1 The Consultant shall at all times remain an independent Contractor with respect to the services to be performed under this Agreement and shall be responsible for the payment of Federal and State Employer Withholding Taxes, Unemployment Insurance Taxes, FICA Taxes, Retirement, Life and/or Medical Insurance, and Worker's Compensation Insurance for the employees of the Consultant or any other person performing services under this Agreement.
Consultant and its employees are not entitled to the rights or benefits afforded to City's employees, including disability or unemployment insurance, workers' compensation, medical insurance, sick leave, or any other employment benefit. Consultant agrees to indemnify and hold City harmless from any claims, costs, losses, fees, penalties, interest, or damages suffered by City as a result of any claim by any person or entity contrary to the provisions of this Section 10. 11 . Ownership of Documents. All documents, information and materials of any and every type prepared by the Consultant pursuant to this Agreement shall be the property of the City. Such documents shall include but not be limited to all findings, reports, documents, information and data including, but not limited to, electronic media, computer tapes or discs, files, and tapes furnished or prepared or accumulated by the Consultant in performing work under this Agreement, whether completed or in process.
5 44
12. Confidentiality. All City information disclosed to Consultant during the course of performance of services under this Agreement shall be treated as confidential and shall not be disclosed to any other persons or parties except as authorized by City, excepting that information which is public record and subject to disclosure pursuant to the Public Records Act, or otherwise required by law. All documents, including drafts, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information, excepting that information which is public record and subject to disclosure pursuant to the Public Records Act, or otherwise required by law.
13. Access to Records. Consultant shall maintain all books, records, documents, accounting ledgers, and similar materials relating to work performed for City under this Agreement on file for at least three (3) years following the date of final payment to Consultant by City. Any duly authorized representative(s) of City shall have access to such records for the purpose of inspection, audit and copying at reasonable times, during Consultant's usual and customary business hours. Consultant shall provide proper facilities to City's representative(s) for access and inspection. Consultant shall be entitled to reasonable compensation for time and expenses relate to such access and inspection activities, which shall be considered to be an additional service to the City, subject to the provisions of Section 4 hereinabove.
14. Conflict of Interest. The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section.
Consultant represents that neither Consultant, nor any of its employees, agents or subcontractors, have a conflict of interest with respect to the work to be performed under this Agreement, nor shall such individuals, during this term of this Agreement, acquire any interest, which would conflict in any manner with the performances of services hereunder.
15. Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant's sole cost and expense.
16. Compliance with Laws, Rules, Regulations. Consultant shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws 6 45
and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement.
17. Integration; Amendment. This Agreement represents the entire understanding of City and Consultant 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 in it. This Agreement may not be modified or altered except by amendment in writing sign by both parties.
18. Severability. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of the Agreement shall continue to be in full force and effect.
19. WaiverNalidity. Consultant agrees that waiver by City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver of any other condition of performance under this Agreement. The acceptance by the City of the performance of any work or services by Contractor shall not be deemed to be a waiver of any term or condition of this Agreement.
20. Jurisdiction. City and Consultant agree that the law governing this Agreement shall be that of the State of California. Any suit brought by either party against the other arising out of the performance of this Agreement shall be filed and maintained in the County of Merced.
21. Notice. 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:
To City:
City of Los Banos
520 J Street
Los Banos, California 93635
Attn: Josh Pinheiro
To Consultant:
Brent Kuhn
520 J Street
Los Banos, California 93635
Nothing hereinabove shall prevent either City or Consultant from personally delivering any such notices to the other.
22. Termination. City may, in its sole discretion, terminate this Agreement at any time and for any reason whatsoever by giving written notice of such termination to Consultant. 7 46
In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. In the event of such termination, Consultant shall be entitled to compensation for all services rendered and work performed for City to the date of such termination.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates set forth below.
Date: ______ , 2023
Date:. _____ ~ 2023
ATTEST:
CITY CLERK
Lucille L. Mallonee, City Clerk
APPROVED AS TO FORM:
William A. Vaughn
City Attorney
8 CONSULTANT
Brent Kuhn
CITY OF LOS BANOS, a California
municipal corporation
by: Josh Pinheiro,
City Manager
47 EXHIBIT A
Scope of Services
• Develop, plan and implement Department goals and objectives; recommend and administer policies and procedures.
• Coordinate Department activities with those of other departments and outside agencies and organizations; provide staff assistance to the City Manager and City Council; prepare and present staff reports and other necessary correspondence. • Direct, oversee and participate in the development of the Department's work plan; assign work activities, projects and programs; monitor work flow; review and evaluate work products, methods and procedures.
• Recommend the appointment of personnel; provide or coordinate staff training; conduct performance evaluations; implement discipline procedures as required; maintain discipline and high standards necessary for the efficient and professional operation of the department.
• Answer questions and provide information to the public; investigate complaints and recommend corrective action as necessary to resolve complaints. • Build and maintain positive working relationships with Department heads, other City employees and the public using principles of good customer service. • Research and prepare technical and administrative reports and studies; prepare written correspondence as necessary.
• Develop schedules and methods to accomplish assignments ensuring work is completed in a timely and efficient manner.
• Recommend and assist in the implementation of goals and objectives; establish schedules and methods for the operation of the City's financial and fund accounting systems; implement policies and procedures.
• Plan, prioritize, assign, supervise and review the work of staff involved in the development and administration of the City's budget and fund accounting and the performance of a variety of financial related duties.
• Evaluate operations and activities of assigned responsibilities; recommend improvements and modifications; prepare various reports on operations and activities. • Oversee general ledger, bank reconciliations, fixed asset system, payroll, accounts payable, cash receipts and municipal utility services.
• Prepare a variety of technical and financial statement and reports. • Coordinate the development and implementation of the annual budget; assist City departments regarding the budget process.
• Direct the development, implementation and administration of the City's capital improvement program as it relates to City-owned utilities and electrical facilities. • Perform utility rate structure analysis and make recommendations on utility rates. • Provides customer account services by analyzing and clarifying computations or billing discrepancies; makes municipal utility services account adjustments as necessary. • Coordinate and perform a variety of research, collection and analysis of financial and related data.
9 48
• Coordinate and prepare a variety of financial reports and studies including the annual audit.
• Plan, prioritize, and review the work of staff assigned to a variety of clerical accounting duties including the processing of payments and maintenance of a variety of financial reports and records.
• Manage grant compliance function with respect to financial activity and the preparation of related reports.
• Supervise the maintenance of financial records and files. • Perform risk management tasks including insurance requirement reviews. • Manage and oversees special district and restricted revenue fund activity. • Perform the most difficult work related to area of functional responsibility, which may include utility billing, accounts payable/receivable. 10 49
TO:
FROM:
DATE:
LOsBanos
Al tlte Crossroads of Calif ontia
Agenda Staff Report
Mayor and City Council Members ~
Joe Heim, Interim Parks and Recreation Director r
November 1, 2023
TYPE OF REPORT: Consent Agenda
SUBJECT: Amending the Fiscal Year 2023-2024 budget by increasing the appropriation amount in the General Fund Maintenance account in the amount of $12,214.00 for the expenditure of a backhoe/tractor attachment piece
Recommendation:
That the City Council amends the Fiscal Year 2023-2024 budget by increasing the appropriation amount in the General Fund Maintenance account (100-452-100-753) in the amount of $12,214.00 to provide for the expenditure of a backhoe/tractor attachment piece.
Background:
During the 2022-2023 Fiscal Year the City of Los Banos approved the purchase of an 8'8" backhoe from Garton Tractor in the amount of $52,562.15. An estimate was secured in July 2022. Due to supply and demand issues, the backhoe attachment was not available by June 30, 2023.
The City accepted the tractor without the attachment for the price of $45,328.13 to avoid further long-term delays receiving the item. The backhoe attachment is one of several attachments that came with the unit;including a large auger attachment.
Discussion:
The backhoe attachment is available and staff is recommending a revision to the Fiscal Year 2023-2024 budget to include funding for the purchase of the attachment. The additional cost for the attachment has increased to $12,213.21. This funding was not planned for in Fiscal Year 2023-2024 due to its expected arrival date of June 30, 2023. 50 The backhoe attachment provides equipment for Parks staff to safely complete small projects. This includes projects such as site clearing, playground removal, fence removal, mulch delivery and various other small projects.
The smaller backhoe/tractor allows Parks staff access to areas that would otherwise be confined. This includes fenced areas and areas between trees and landscape.
Fiscal Impact:
Staff is requesting to amend the Fiscal Year 2023-2024 budget to increase the appropriation amount in the General Fund Maintenance account (100-452-100-753) in the amount of $12,214.00 to provide for the expenditure of a backhoe/tractor attachment piece.
The total price for the equipment including the purchase of the backhoe/tractor is, $57,541.34. $55,000.00 was originally budgeted in the Fiscal Year 2022-2023 budget for this item.
Attachments:
Original invoice
Backhoe attachment invoice
Resolution
Brent Kuhn, Interim Finance Director
51 RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS AMENDING THE FISCAL
YEAR 2023-2024 BUDGET BY INCREASING THE
APPROPRATION AMOUNT IN THE GENERAL
FUND MAINTENANCE ACCOUNT IN THE
AMOUNT OF $12,214.00 FOR THE
EXPENDITURE OF A BACKHOE/TRACTOR
ATTACHMENT
WHEREAS, the City Council of the City of Los Banos has been presented an amendment to the Fiscal Year 2023-2024 budget; and
WHEREAS, the City Council of the City of Los Banos may adjust the overall appropriation levels in each fund at any time during the Fiscal Year by action to amend the budget; and
WHEREAS, the proposed budget increase includes $12,214.00 in expenditures for the General Fund Maintenance account 100-452-100-753 for the purchase of a backhoe/tractor attachment; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby amend the Fiscal Year 2023-2024 budget to include an increase of $12,214.00 in expenditures for the General Fund Maintenance account 100-452-100- 753.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 1st day of November 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:
52 Lucille L. Mallonee, City Clerk
53 Ship To Location
IN STORE PICKUP I09 - MERCED
Date Time Page
,09/27/202 3 114:15:31 {O) p.
Account Number Phone Number Invoice Number
ILOSBA002 12098277056 @763
SOid To Buyer Purchase Order
CITY OF LOS BANOS
411 MADISON AVENUE
LOS BANOS CA 93635
P.S.T, Number F.S.T. Number
salesperson
IJASON AGUILAR PAl
Descrtptlon
Description
Stock#: 001932
New KU BH92
RETAIL ORDER EXPIRY DATE:. 12/07/2023
serial#: C3396
New KUBOTA BH92 81 8" Backhoe
4 point subframe mounted backhoe, Quick Mount/Dismount without Tools, dig depth 109.8", bucket digging force 45481b, reach from swing pivot 149.6" ****INCLUDING THE FOLLOWING OPTIONS****
BH92 8'8" Backhoe
BH4946 sub frame Kit for L4701
BT3001 12" Bucket - 3 Teeth
coupler
••••••••••••••••••••••••••• ■ ••••••••••••
Price Includes:
Factory Freight Back Hoe Installation
Pick up and Delivery of Tractor
sale# 01 subtotal:
Total:
subtotal:
CA COUNTY TAX:
CA STATE TAX:
MERCED CO LOCAL TAX SL:
MERCED COUNTY DISTRICT TAX SP: Authorization: __________ Quote Total:
I Email PDF J (Teit PDF ) I Close I
AmOunt
11334.76
11334.76
11334.76
11334.76
28.34 680.09
113.35
56.67 U213.21
THIS PAGE IS INTENTIONALLY LEFT BLANK
54 55
700 S. Hwy 59
Merced, CA 95341
Phone: (209} 726-4600
Branch
09 - MERCED
lll'l
Date Time· Page
Ship To: CITY OF LOS BANOS
CITY OF LOS BANOS
1015 F ST 06/29/2023 14:43:19 (0) 1
LOS BANOS, CA 93635-379B
+37.0610315,-120.84009B
Account No Phone No Inv No oo
LOSBA002 2098277056 E0027S09
Invoice To: CITY OF LOS BANOS
411 MADISON AVENUE
LOS BANOS CA 93635
Ship Via
Tax ID No
Purchase Order
5169
JASON AGUILAR
Salesperson
JAl
EQUIPMENT INVOICE
Description
Stock#: K96906 Serial#: ~UL4CHRLNJL80914
New KU L4701HST
NEW KUBOTA L4701HST 4WD TRACTOR
with Hydro Transmission, 47
Stock#: K969ll Serial#: D0758
New KU LA765
NEW KUBOTA LA765 FRONT LOADER
W/GRILL GUARD AND 2 LEVER O/C
Stock#: AA5906 Serial#: 2037923
New LP SGC1072
NEW LANDPRIDE SGC1072 CLAW GRAPPLE
72" Width 10 Series Univ
Sale Total:
Miscellaneous Charges/Credits
------.---=~--------------=-- CALIFORNIA TIRE FEE Qty: 4 Price: 1. 75 Subtotal:
CA CITY TAX:
CA COUNTY TAX:
CA STATE TAX:
MERCED CO LOCAL TAX SL:
MERCED COUNTY DISTRICT TAX SP:
Total:
Amount
28810.53
6912.00
5952.07
41674.60
7.00 41681.60
416.75
104.19
2500.47
416.75
?PB-::--.. 0 5328.v BALANCE DUE UPON RECEIPT OF INVOICE l?O# 5169 I00--~5:l,.- IDD- '1o3
'Po:tt--51 ~
1'15fas
Quality People Quality Products®
We appreciate your business/
Please remit to: Garton Tractor, Inc. PO I.ox 1849 Turlock, CA 95381 ------
THIS PAGE IS INTENTIONALLY LEFT BLANK
56 57
Sourcewell
llljllyT-1.-•IIIWZl
~
CEandM•-
UllllyV-IZ222IJ
--- ---.-,.(Ct~12GGC1513n
.........,._
L4701HST WEB QUOTE #2685379
Date: 6/261202311:28:58 NJ,
·-Customer lnfonnatlon -
Bronson, Dan
City of Los Banos
[email protected]
209-587-0655 Quote Provlded By
GARTON TRACTOR, INC.
Jason Aguilar
700 South Highway 59
Merced, CA 95341
email: [email protected]
phone:2096520267
- Standard Features - - Custom Options -
@ l(•Ji>'>t'l.
L Series L4701HST
"••EQUIPMENT IN STANDARD MACHINE*""
DIESEL ENGINE
Model# V2~R-E4-U!1
Tier 4 Final Engine
Common Rall Dlr-ed Injection
wt Dlesel Partk:ulete FIiter
Electronic Thrultle
4 Cyl. 148.5 cu. In.
+ 44.8 Net Eng. HP
+37.8 PTO HP
@ 2600 Eng. rpm
12V,600ACCA
Chalging OU1plll 40 Amps
Dual Nr Cleaner Element
HYDRAULICS
Open Center
Tandem Pumps Gear Type
7 .8 gpm Remote/3 Pt. Hlk,,h
4.7 gpm tor Power StHring
13.5 Total gpm
Cal I ~Int Hlk:h
Al 11ft Polnt 2870 lb.
24" Behind 2320 lb.
FRONT AXLE
DASH INSTRUMENTS
Tac:homalar
Fuel Gauge
Temperature Gauge
LCD Ol&playfor HourMeler
and Wamlng Messages
FWID CAPACITY
Fuel Tank 13.5 gel.
Cooling System 6.9 qts.
Crankcaee 8.7 qte.
Transmission end
Hydraulics 10.B gal
Front Axle 6.9·~ta.
DIMENSIONS
Ov8rell Height Wlffl)PS 91.r
~lengthwl3pt 127;4•
Wheel Base 72.E
Crop Clearam:e 16.1"
POWER TAKE OFF
1.1w lndependant Hydraullc PTO
w/ hydrauflc clutch
54D 'Pitt Rear PT0-1 Speed
Hydrostatic Power Steering Spead :'540@2840 Eng. IPffl
Bevel Gear, Cast Iron SAE Std 1 3/r Six Spline
Tread Spacing, nonadJu5teble
DRIVE TRAIN
Feather Step HST
Hydraulic Pedal As5ist
Cruise Control
Mullfple Wet Dl!lc Brekea
Clutch- D,y Type Single
S1age
Differential Lack
Rear Axle- Spur Gear
+ Manufacturer Esumate
SELECTED TIRES
ALRB869B & ALR6887
F-TIRE TITAN 1~16.5 R4 ll2
R•TIRE TITAN 17.51A4 R4 lt.2
SAFElY EQUIPMENT
Foldable ROPS w/ Retredeble Seat
Belt
PTOShleld
Safety- Start SWftches
Tum Signals / Hazard Lights
Mechanlcal Wet Disc Brakes
Parking Brakes
SMVSlgn
Ele~c Key Shut-off
Parking Brake Indicator on Dash
Operator Presence Control System
OPERATOR STATION
Color Coded Controls
Wide Platlorm Steps
High Back Seat with Adjustable
Suspension w/ Water Drain Hole
Tool Box
Cup Holder
Left Hand Fender Grip
Default to Auto Regen; w/ Parked
and
Inhibit Buttons for DPF
L4701HST Base Price: $31,502.00
(1)REARWORKLIGHTKIT $104.00
UIS27-REAR WORK UGH1 MIT
(1) CLEVIS HITCH L..SERIES
l.9C88GClEVIS HITCHWIERIES
(1) BOLT ON cumNG EDGE(73" w/11 Holes)
1L 1748-80LTON CUTTING EDGE('13"11W11 Holoa)
(1) 7X' HEAVY DUTY QA BUCKET
1.22114-n" HEAVYDUTYQ.\ BUCKET
(1) FRONT-WORK LIGHT KIT
E11llM'RlNTWOAkUGHTMIT
$101.00
$286.00
$1,400.00
$182.00
(1) FRONT END LDR/1..4701 W/QUICK COUPLER $6,573.00
IA'Jll5.fRCINTEN>UlRll.4701 .WIOIJICKCOUFLl:R
(1)RC>IJ INDJCAT(!RKITFOR LA703A
l21~INCIC',Tatl<ITl'Of!LA7113A
(1) Fl~GLASS CANOPY
E11llU1&Bll!LABSCWIDP.'ll'
(1) C3RIU. OVARD FOR LA10115A
MJC22&', GRILLGUAF!DFORIA108M
(1) MOUNTING BRACKET FOR CANOPY
E1138-MOtlfflNGIIRAOIETF0RCANCPY
Configured Price:
Souroewen Discount:
SUBTOTAL:
Fsclory Assembly:
Dealer Assembly:
Freight Cost:
POI:
llreTax
Delivery
Dealer Training
Landpride Grapple
3rd Funcllan Valve
Hose Kit
Sale& Tax
$81.00
$479.00
$348.00
$237.00
$41.29300
($9,084.46)
$32,20854
$105.00
$687.50
$862.50
$400,00
$7.00
$250.00
$250.00
$5,952.07
$849.00
$110.00
$3,646.52
To1al Unit Price: $45,328.13
Quantity Ordered: 1
Final Sales Prloe: $45,328.13
Flnal pricing will be based upon pricing at the time of final dellvery to Sourcewell members.
Purchase Order Must Reflect Final Sales Price.
To order, place your Purcheae Order dlrectly with the quoting dealer
All eq lpment -fflcallo"" .,. Bl COfflplole Bl ,...,b .... of lh■ dar. on a,, quota. Addlllorml -chmento, opllolUI, or eooe .. ortn may be added (Dr delet.dl al tho dlac:ountod prlee. Al epeClllcetlol•and prices me aubjeclto chenga. T8"11S .. not lfQldad. The POI...,. endfl'llghl far-and eceaeortea quoted may have addltlonal dvlrgeS acld9cl t,y a.. d,n,,.r1ng dialer. ~ dwgaa wm be bl!ed eeparatoly. Pr!_ for p,oduetquolod ore good far eo daya ft'Dm lht dale ~ on the qualll. All e<JJlprnent as quol8d la subject IO avallabllly. 02018 Kllbolll T....., Corporallon. M itr,a ,.,...,,.c,. 58 040319-KBA PURCHASE ORDERS MUST BE MADE OUT TO
lUUO-ICBA QUOTING/DELIVERING DEALER Oo-GIS-1787J
031121-IC8"
Quote sultabk> for II ••l~r ---- 1!4ttlemunl PHONE: nlf71 75&-ff7f F.A'INU,,) •J.flllf EMAIL: ..,, .. -..--- - ,_ ... TA.Call !wrcowtrll21ll3·28 PIRllaBing Party: City d Los llanos REMIT TO: Garton Tractor, Ille. • llercad Cantacl: DanBnlllllan Soun:ewaU lkmllelslllp
ADDRESS: 7GDCM8
Phone#: 20N87-4855 nualllwlllUSI CITY: llalcad STATE: CA 95341 1,0\H- accmnpalyClle Addresa: Loo ...... ,CA956llll pmcllale anlw DLRt 29798 PHONE; 209-72M600 Email: .... ~--- CONTACT JasOnAplllar CELL: 20N62-0287
Quoled By: Trl8ha Davis I ldllllLIIIKllllllsid!Qllam 60888 _"...,,,,,.,.,, qm IMPORTANT-PURCHASE ORDER MUST B! MADE OUT TO THE QUOTINGIDELIVlRING DEALER ___, DelcdpllDIIGf Produot KX. R. a, a.& u ..._ IM"'> R1V .... c,n) I Z.F,IIX,B.nB. L.11..,_ Ctal TID ..... c:a,ij DlsCDunl9hMMIRP
ORDERING INFORMATION I FOR KUBOTA USE ONLY
PrOCIUCl DESCRIPflOH UNJUST
~ NATIONAL ACCT. TOfALIJST TOfAL NATI0tW. QTY, MODELCOOE Code PRICE DISCOUNT PRICE PRICE ACCCIUNJ PRICe A. l~/Prlcellllltllaml _,_, ___ hlaw
1 L 81192 ~ -LSerlal s 10,236.00 2a .S 7984.0S s 10238,00 $ 7,984.08 1 L BH4946 B"928wlrameKII $ 1,431.00 2a s 1,118.18 s 1431.00 s 1118.18 1 L BT3001 12" Pin- On Trenching Buclcet s ll2:5JJO 22% s 643.50 s . s 643.50 s . s - s - s - s .
lublatalA: s 12,,412.00 s 9,743.76 $ 11,867.00 s 9,743.78 •• Un - - .. - .....................
811bto1118· s - $ - $ - $ . C. OU.Mu•- DINOuftla. .,.,.._,Fftlaht. .... ..,., orllilalllWC...,_ 1 Kubota Stancferd Inbound Frelaht s 245.00 $ 245.00 $ 246.00 $ 245.00 1 Factorv Assembly Fee
1 Dealer AISemblY Fee $ 1,148.00 $ 1,146.00 s 1148,00 s 1.148.00 1 Dealer POI & Dellvarv Fee $ 200.00 $ 200.00 $ 200.00 s 200.00 1 IUbtutllC: , $ 1,591.00 s 1,591.00 s 1,591.00 $ 1,591.00 ;,";."!,i,;i..;-:,:'.;;-,;,;:z-~-;. .. ~ For .... _ ...
Al -.111:
I
$14,083.00 $11,334.71 $13,258.00 le s11,asu1 ...
Pricing Subject to Established Membership
AUTHORIZED SIGNATURE: X DATE
~-pn,ceollngdlorpal .· .,.._,...,_ .. .,__.......,..,.,_~-. -•-NJPAforU..-onl•~cho,go lllddoductlhea..-~la&-8 _ __ lld_ $ 148.16 All Olde,. are aubJect to the 1erm11 and condlllOnS •• ouUlned In the National Pun:llan AeNmnanL . '!> a ment Terms = Net Days
TIie SU!ldard Kubola Wart9DIJ APIIIIK, which dwa not Include plQ up GI dlllw,y, FORKTCllffERNAl.1181: Quote t: &o!R9wellZ023-28 tin12023 Verified By: TD 59 TO:
FROM:
DATE:
• .._, ~, LOs Banos \ 1 I, t • • , 1, , 1 , , , , , r , , .,
Agenda Staff Report
Mayor & City Council Members
Josh Pinheiro, City Manager
November 1, 2023
SUBJECT: Employment Agreement for Police Chief- Reymundo M. Reyna, Jr.
TYPE OF REPORT: Consent Agenda
Recommendation:
That the City Council approve a Resolution accepting and approving the Employment Agreement for Police Chief with Reymundo M. Reyna, Jr.
Discussion:
In light of the upcoming retirement of current Police Chief, the City went through a comprehensive recruitment and screening process to identify the best-qualified candidate to the Police Chief position, for which Reymundo M. Reyna, Jr. has been selected by the City Manager to be the City's next Police Chief. Pursuant to the City Manager's appointment authority under the Los Banos Municipal Code Section 2-3.115, the City Manager has evaluated Mr. Reyna's knowledge, experience, administrative skills, and ability to serve as the City's Police Chief, and has determined that Mr. Reyna has the necessary education, experience, skills and expertise to serve as the City's Police Chief.
Mr. Reyna's Employment Agreement includes the following key provisions:
• Effective date: November 1, 2023
• Base salary: $183,000 ($15,250 per month)
• Medical / dental / vision / life insurance packages to the same extent as other exempt management employees hired on or before April 1, 201 0; his original hire date with the City of Los Banos is August 16, 1999.
• Retirement: Contribute twelve percent (12%) of Employee's reportable wages to the California Public Employees' Retirement System (CalPERS) for the 3% at age 50 formula.
60 • Retiree Health: When eligible, the City will provide access to medical insurance coverage for those employees who retire from employment with the City and who constitute "annuitants" as defined by the PEMHCA and consistent with City policy. • Vacation Leave: Accrual of one-hundred sixty (160) hours of annual vacation leave each year of employment, accruing thirteen point thirty-six (13.36) hours a month, and accumulate a maximum of three-hundred twenty (320) hours. Employee shall be entitled to any vacation buyback program applicable to other exempt management employees.
• Education Incentive Pay: $175 per month for BNBS
• Bilingual Incentive Pay: If eligible, Employee shall be entitled to bilingual incentive pay in accordance with the following formula: $50 per month for Basic Verbal Skills; or $100 per month for Comprehensive Verbal Skills; or $150 per month for Written presentation Skills
• Administrative Leave: Ten (10) workdays off, with full salary and benefits, during every fiscal year of employment. Every July 1st, eighty (80) hours are accrued and may not be carried over. Employee will receive a pro-rated amount based on hire date.
• City Vehicle: Employee shall be provided a city vehicle for City-related business and/or functions during, before and after normal work hours. • Uniform Allowance: City shall budget and shall provide and maintain the required uniforms and equipment in accordance with the Los Banos Police Department standards and will report uniform expenses to CalPERS in accordance with applicable regulations.
• Certificate Pay: To the same extent as other Los Banos Police Department employees as follows: $150 per month for a P.O.S.T. Intermediate Certificate, or $225 per month for a P.O.S.T. Advanced Certificate, or $275 per month for a P.O.S.T. Supervisory Certificate.
As Police Chief, Mr. Reyna will be responsible to plan, organize, direct and review the activities and operations of the Police Department including, traffic enforcement, investigation, code enforcement, animal services and administrative support services; to coordinate assigned activities with other departments and outside agencies; and to provide highly responsible and complex administrative support to the City Manager.
This at will employment agreement has been reviewed and approved by the City Attorney.
Fiscal Impact: .
This at will employment agreement is projected to cost the City of Los Banos approximately $29,580 a month (salary and benefits).
·m Finance Director
Attachments:
Resolution/Employment Agreement
61 RESOLUTION NO. --
A RESOlUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS RA Tl FYI NG THE CITY
MANAGER'S APPROVAL OF THE EMPLOYMENT
AGREEMENT WITH THE POLICE CHIEF
REYMUNDO M. REYNA, JR.
WHEREAS, the City is in need of the services of a Police Chief and the City has engaged in a comprehensive recruitment and screening process to identify the best qualified candidate to fill the Police Chief position: and
WHEREAS, after conclusion of the recruitment process, the City Manager has selected Reymundo M. Reyn~, Jr. as the City's next Police Chief and has negotiated the terms of his employment agreement; and
WHEREAS, pursuant to his appointment authority under the Los Banos Municipal Code Section 2-3.115 the City Manager has evaluated Reymundo M. Reyna Jr.'s knowledge, experience, administrative skills, and ability to serve as the City's Police Chief, and has determined that he has the necessary education, experience, skills and expertise to serve as the City's Police Chief; and •
WHEREAS, the City desires to employ Reymundo M. Reyna, Jr. as the Police Chief; and
WHEREAS, Reymundo M. Reyna, Jr. desires to accept the employment as Police Chief; and
WHEREAS, the parties desire to enter into a written agreement setting forth the terms and conditions of Reymundo M. Reyna, Jr.'s employment as Police Chief; and WHEREAS, the City Attorney has reviewed the Police Chief Employment Agreement.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Los Banos hereby ratifies the City Manager's selection and appointment of Reymundo M. Reyna, Jr. for the positon of Police Chief pursuant to the City Manager's appointing power under Los Banos Municipal Code Section 2-3.115, and the City Council hereby approves the Employment Agreement for Reymundo M. Reyna, Jr. to serve as Police Chief of the City of Los Banos as presented in Exhibit A
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 1st day of November 2023, by Council Member 62 who moved its adoption, which motion was duly seconded by Council Member __ and the Resolution adopted by the following vote:
A YES: Council Members
NOES:
ABSENT:
APPROVED:
Paul Llanez, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
63 EXHIBIT A
CITY OF LOS BANOS
EMPLOYMENT AGREEMENT
Department Head - Police Chief
This Employment Agreement ("Agreement") is made and entered into as of this ___ day of November, 2023, by and between the City of Los Banos, a California municipal corporation, ("City"), and Reymundo M. Reyna, Jr. ("Employee"). City and employee may individually be referred to herein as "Party" or collectively as "Parties".
RECITALS
1. The City is in need of the services of a Police Chief and the City has engaged in a comprehensive recruitment and screening process to identify the best-qualified candidate to fill the Police Chief position.
2. Pursuant to his appointment authority under the Los Banos Municipal Code Section 2-3.115 the City Manager has evaluated Employee's knowledge, experience, administrative skills, and ability to serve as the City's Police Chief, and has determined that the Employee has the necessary education, experience, skills and expertise to serve as the City's Police Chief.
3. The City desires to employ Employee as the Police Chief.
4. Employee desires to accept the employment as Police Chief.
5. The parties desire to enter into a written agreement setting forth the terms and conditions of Employee's employment as Police Chief.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows:
1. Appointment and Emplo ment
The City Manager hereby appoints Employee to the position of Police Chief of the City of Los Banos pursuant to the City Manager's appointing power under Los Banos Municipal Code Section 2-3.115, and the City Council hereby approves this Agreement for Employee to serve as Police Chief of the City of Los Banos. Employee accepts such appointment and employment pursuant to the terms of this Agreement.
2. Term of Employment
(a) This Agreement shall become effective as of November 1, 2023 and continue until terminated as provided for in this Agreement.
1 I 0.26.2023 - WA V
64 3. Salary and Benefits
(a) Salary: City agrees to pay Employee an annual base salary of $183,000 ($15,250 per month) payable in equal semi-monthly installments at the same time and in the same manner that other City employees are paid. This salary shall be effective as of November 1, 2023. Subject to a satisfactory annual performance evaluation (in accordance with Section 6 herein), the City Manager may grant, in his/her sole discretion, an increase in the annual base salary.
The annual base salary may only be reduced at the same time and in the same percentage as any across-the-board reduction that is imposed upon other management employees in the City. (b) Cost of Living Adjustment: Employee shall be entitled to the same percentage cost of living adjustment (COLA) as other Unrepresented/Miscellaneous Employees. ( c) Except as otherwise provided in this Agreement, Employee shall be entitled to receive all benefits as they now exist or may hereinafter be provided to other Management employees of the City as set forth in the Los Banos Personnel Policy Manual, including any changes or modifications to said benefits. Eligibility and benefits will be as determined by the applicable laws, regulations and plan documents.
(1) Medical/ Dental/ Vision/ Life Insurance: Employee shall be provided medical / dental / vision / life insurance packages to the same extent as other exempt management employees hired on or before April 1, 2010 [Employee original hire date with the City of Los Banos is August 16, 1999]. Benefit levels and eligibility for benefits are defined in the contracts between the insurance providers and the City. (See, Section 5005 Los Banos Personnel Policy).
Employees who opt out of participating in the group medical plans sponsored by the City, and who provide proof of their medical coverage in a group plan, will receive a Cafeteria Plan Allowance of $485 per month, of which part must be used to enroll in mandatory life insurance, dental insurance and vision insurance coverage. (See, Section 5005 B 5 Los Banos Personnel Policy).
(2) Retirement: Employee must contribute twelve percent (12%) of Employee's reportable wages to the California Public Employees' Retirement System (CalPERS) for the 3% at age 50 formula. The terms of the contract between the City and CalPERS shall govern the eligibility for and level of benefits, if any, to which Employee is entitled. Employee contribution to CalPERS is tax deferred. (See, Section 5005 C Los Banos Personnel Policy). (3) Retiree Medical. When eligible, the City will provide access to medical insurance coverage for those employees who retire from employment with the City and who constitute "annuitants" as defined by the PEMHCA. [Employee original hire date with the City of Los Banos is August 16, 1999]. (See, Section 5005 D Los Banos Personnel Policy) ( 4) Deferred Compensation: Employee may participate at his/her own expense in the City's deferred compensation. (See, Section 5005 G Los Banos Personnel Policy). 2 10.26.2023 - WAY
65 (5) Tuition Reimbursement: Tuition (education related expenses) will be reimbursed in accordance with policy upon successful completion of courses up to $3,000.00 per fiscal year. (See, Section 5005 I, Division 5-A Los Banos Personnel Policy). (6) Sick Leave: Sick leave shall be accrued at eight (8) hours per month. (See, Section 5005 J, Division 5B Los Banos Personnel Policy). (7) Vacation Leave: Employee shall be entitled to vacation accrual of onehundred twenty (120) hours of annual vacation leave each year of employment, accruing thirteen point thirty-six (13.36) hours a month, and accumulate a maximum of three hundred twenty (320) hours. Employee shall be entitled to any vacation buyback program applicable to other exempt management employees. (See, Section 5005 K, Division 5-C Los Banos Personnel Policy). (8) Education Incentive Pay: Employee shall be entitled to education incentive pay in accordance with the following formula. (See, Section 5005 N, Division 5-H Los Banos Personnel Policy).
$100 per month for AA/AS; or
$175 per month for BA/BS; or
$225 per month for MAIMS
(9) Bilingual Incentive Pav: If eligible, Employee shall be entitled to bilingual incentive pay in accordance with the following formula. (See, Section 5005 0, Division 5-L Los Banos Personnel Policy).
$50 per month for Basic Verbal Skills; or
$100 per month for Comprehensive Verbal Skills; or
$150 per month for Written presentation Skills
(10) Administrative Leave: Employee shall receive ten (10) work days off, with full salary and benefits, during every fiscal year of employment. Every July 15 1, eighty (80) hours
are accrued and may not be carried over. Employee shall receive a pro-rated amount based on hire date. (See, Section 5011 Los Banos Personnel Policy).
(11) Professional Development: City shall budget and shall pay, as stated in the approved budget, for reasonable travel and training expenses of Employee for professional and official travel, meetings, and occasions. The amount shall be adequate to continue the professional development of Employee and to adequately pursue necessary official and other functions for City. (12) Holidays: Employee shall be entitled to Holidays to the same extent as other exempt management employees. (See, Section 5005 L, Division 5-E Los Banos Personnel Policy). (13) Uniform Allowance: City shall budget and shall provide and maintain the required uniforms and equipment in accordance with the Los Banos Police Department standards and will report uniform expenses to CalPERS in accordance with applicable regulations [Employee 3 10.26.2023 -WAV
66 original hire date with the City of Los Banos is August 16, 1999 ]. (See, Section 5005 P Los Banos Personnel Policy).
(14) Certificate Pav: Employee shall be entitled to certificate pay to the same extent as other Los Banos Police Department employees (See, Section 5007 B Los Banos Personnel Policy): -
$150 per month for a P.O.S.T. Intermediate Certificate, or $225 per month for a P.O.S.T. Advanced Certificate, or
$275 per month for a P.O.S.T. Supervisory Certificate.
(15) State Disability Insurance: The City participates in the State Disability Insurance (SDI) Program for all employee groups. Payment of SDI premiums is the responsibility of participating employees. (See, Section 5008 & Division 5-I Los Banos Personnel Policy). (d) No Reduction of Benefits: City shall not at any time during the term of this Agreement reduce the salary, compensation or other benefits of Employee, except to the degree of such reduction for all management employees at the department head level. ( e) Dues and Subscriptions: City shall budget and shall pay for the professional dues and subscriptions of Employee reasonably necessary for his continuation and full participation in national, regional, state and local associations and organizations necessary and desirable for her professional growth and advancement, and for the good of City. (f) City Vehicle: Employee shall be provided a city vehicle for City-related business and/or functions during, before and after normal work hours.
4. Duties
(a) Employee shall serve as Police Chief and perform those duties of the Police Chief under the direction of the City Manager as set forth in the Police Chief Job Description attached as "Exhibit A" and incorporated herein by this reference, in addition to any other functions and duties specified by state law, city ordinance, or resolution, or other directive, and to perform other legally permissible and proper duties and functions as the City Manager shall from time to time assign.
The City may amend the Police Chief job description at any time without Employee's approval and without an amendment to this Agreement.
(b) Employee shall devote all necessary time and effort to fulfill the obligations of the Police Chief position. The City acknowledges that Employee is reasonably expected to be available but does not have regularly set hours of work. Employee's work schedule will vary in accordance to the work required to be performed.
4 10.26.2023 - WA V
67 5. Exclusive Employment
Employee shall devote all of his time, energy and· efforts to the City, and shall accept no outside employment, except as may be specifically approved by the City Manager in writing in advance.
6. Performance Evaluation
The City Manager shall evaluate Employee's performance annually and may, in addition, establish goals and performance objectives to be accomplished during the next year and used as a basis for the next performance evaluation. In the City Manager's sole discretion, the performance of Employee may be reviewed on a more frequent basis.
7. Separation - At Will Employment
(a) The parties expressly agree that the position of Police Chief is an "at-will" employee, and that Employee is employed in an "at-will" capacity, serving at the pleasure of the City Manager.
Employee may be terminated by the City Manager and the City Manager may terminate this Agreement at any time with or without cause and with or without advance notice. There is no express or implied promise made to Employee of continued employment. Employee understands and agrees that the terms of his employment are governed solely by this Agreement. Employee further understands and agrees that this Agreement does not confer a right of employment for any specified term and that he is not entitled to due process for any disciplinary action under the City's personnel policies and rules, including termination.
Nothing herein shall be construed to limit the rights and obligations of the City and Employee provided in the Public Safety Officers Procedural Bill of Rights Act (PBOR), codified at Government code Section 3300 et seq.
(b) Employee may resign and terminate this Agreement at any time upon providing thirty (30) days written notice to the City.
( c) The City Manager and Employee may terminate this Agreement by mutual written agreement.
(d) In the event this Agreement is terminated by the City Manager, while Employee is still willing and able to perform the duties of Police Chief, Employee shall be entitled to three (3) months' severance pay defined as base salary plus costs of health, dental, vision and life insurance plans. No time served by the Employee after notice of the termination shall be debited from the period of severance pay. However, in the event the Employee is terminated for cause, the Employee shall be entitled to only the compensation earned and accrued and such other termination benefits and payments as may be required by law and shall not be entitled to any severance benefits.
The payment of severance compensation pursuant to this paragraph shall be in a lump sum, less applicable payroll deductions. Employee shall also receive continuing health 5 10.26.2023 - WAY
68 insurance plan coverage including dental and vision for the duration of the severance months from the effective date of termination. Pursuant to Government Code Section 53261, the continuing eligibility of Employee and his dependents for health insurance plan coverage shall terminate should Employee obtain other employment.
The severance rights provided in herein shall constitute the sole and only entitlement of Employee with respect to severance pay in the event of the termination, other than for cause. Employee expressly waives any and all other rights with respect to severance pay except as provided herein. Such severance compensation is expressly conditioned on the execution, delivery, and non-revocation of a General Release Agreement by Employee.
It is the intention of the parties that this paragraph complies with the requirements of Government Code Section 53260 et seq. In the event of any conflict between this provision and those code sections, the terms of those code sections shall govern the contractual relationship between the employer and employee.
( e) Termination or Removal for Cause. Notwithstanding any provision of this Agreement to the contrary, the City Manager may terminate Employee's employment for cause at any time, and if Employee is terminated or removed for cause, they shall not be entitled to payment of severance compensation or any other compensation or damages.
"Cause" shall include the following reasons:
(i) an act in bad faith and to the detriment of the City; (ii) refusal or failure to act in accordance with any specific lawful direction or order of the City Manager;
(iii) unfitness or unavailability for service that exceeds thirty (30) consecutive calendar days and is not the result of any excused illness or medical condition;
(iv) commission of an act involving moral turpitude or other acts which harm the reputation of or interests of the City;
(v) habitual neglect ofresponsibilities, or incompetence; (vi) a conviction of a felony or other crime punishable by jail or imprisonment in the jurisdiction involved ( or entry of a plea of guilty or nolo contendere with respect to any such crime);
(vii) possession of, use of, or working while under the influence of alcoholic beverages or other non-prescribed controlled substances or abuse/misuse of lawfully prescribed controlled substances during working hours; ( viii) engaging in an actual conflict of interest;
(ix) commission of acts of theft, embezzlement, or fraud; (x) acceptance of bribes or extortion;
(xi) material breach ofthis Agreement by Employee.
If this Agreement is terminated by the City Manager "for cause," Employee's employment will be deemed immediately terminated and Employee will surrender all City keys, computer passwords, and other City property entrusted to Employee for the purposes of the discharge of his 6 10.26.2023 - WAV
69 duties. Upon termination for cause, Employee will have no recourse under this Agreement or any administrative procedure for purposes of challenging the termination action. (t) In the event of termination, any City equipment or property will be promptly returned to the City. In addition, any and all finished and unfinished documents, data, reports and materials are the property of the City and shall be promptly delivered to the City Manager.
Employee shall keep all information acquired through his position in the strictest confidence.
8. Compliance with Government Code Section 53243 et seq. (Assembly Bill No. 1344). (a) In the event the City determines to place Employee on paid leave pending an investigation, Employee shall fully reimburse such pay to the City if he is subsequently convicted of a crime involving the abuse of his office or position.
(b) In the event the City determines to fund all or part of a legal criminal defense for Employee, he shall fully reimburse such funds to the City if he is subsequently convicted of a crime involving an abuse of his office or position.
( c) Regardless of the term of this Agreement, if this Agreement is terminated, any cash settlement related to the termination that Employee may receive from the City shall be fully reimbursed to the City if Employee is convicted of a crime involving an abuse of his office or position. (Government Code Section 53243.2.)
(d) For purposes of this section, "abuse of office or position" shall be as defined in Government Code Section 53243.4.
( e) The parties agree to fully comply with the Government Code sections that are part of AB 1344 made effective February 1, 2021 as it may be amended.
9. Indemnification
City agrees to defend, hold harmless, and indemnify Employee against any claims, demands or legal actions, whether groundless or otherwise, arising out of an alleged act or omission occurring within the scope and during the course of Employee's employment with the City, subject to Employee cooperating in good faith with the City with respect to defense of such claims, demands, or legal actions in accordance with the provisions of California Government Code Sections 825 and 825.6.
City may compromise and settle any such claim, demand, or action and pay the amount of any settlement or judgment rendered therefrom. This covenant shall survive the termination of this Agreement.
10. Notices
Any notice to be given hereunder by either party to the other in writing may be effected either by personal delivery or by mail. Mailed notices shall be addressed to the address of the parties to be notified which appears below, but each party may change its address by written notice given in accordance with this paragraph. Notices delivered personally will be deemed communicated as of 7 10.26.2023 - WA V
70 16. Attorney's Fees
In the event of any legal action between the parties hereto to enforce the provisions of this Agreement, the prevailing party shall be entitled to attorney's fees and costs.
17. Representations
City and Employee each represent and warrant to the other that each has received legal advice from independent and separate legal counsel with respect to this Agreement, or has knowingly declined to obtain such legal advice, and further represent and warrant to each other that each has carefully reviewed this Agreement and each and every term hereof. This Agreement shall not be construed against the party or its representatives who draft it or any portion hereof.
18. Counterparts
This Agreement may be executed on separate copies, any one of which need not contain signatures of more than one party but all of which taken together shall constitute one and the same Agreement.
[SIGNATURE PAGE BEGINS ON NEXT PAGE]
9 l 0.26.2023 - WA V
71 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first herein written above.
Dated:
Dated:
ATTEST:
Lucille L. Mallonee, City Clerk
APPROVED AS TO FORM:
William A. Vaughn, City Attorney
10.26.2023 - WAV
"EMPLOYEE"
Reymundo M. Reyna, Jr.
"CITY"
Josh Pinheiro, City Manager
10 THIS PAGE IS INTENTIONALLY LEFT BLANK
72 73
EXHIBIT A
CITY OF LOS BANOS
Job Description
POSITION TITLE
DEPARTMENT
EMPLOYMENT CATEGORY
EMPLOYMENT LEVEL
DEFINITION
POLICE CHIEF
POLICE
EXEMPT
MANAGEMENT
To plan, organize, direct and review the activities and operations of the Police Department including, traffic enforcement, investigation, code enforcement, animal services and administrative support services; to coordinate assigned activities with other departments and outside agencies; and to provide highly responsible and complex administrative support to the City Manager.
SUPERVISION RECEIVED AND EXERCISED
Receives administrative direction from the City Manager. Exercises direct supervision over assigned sworn and non-sworn management, supervisory, technical and administrative support personnel.
EXAMPLES OF ESSENTIAL DUTIES
Duties may include, but are not limited to, the following:
• Reliable and dependable attendance and punctuality.
• Develop, plan and implement Department goals and objectives; recommend and administer policies and procedures.
• Coordinate Department activities with those of other departments and outside agencies and organizations; prepare and present staff reports and other necessary correspondence.
• Direct, oversee and participate in the development of the Department's work plan; assign work activities, projects and programs; monitor work flow; review and evaluate work products, methods and procedures.
• Recommend the appointment of personnel; provide or coordinate staff training; conduct performance evaluations; implement discipline procedures as required; maintain discipline and high standards necessary for the efficient and professional operation of the Department.
• Answer questions and provide information to the public; investigate complaints and recommend corrective action as necessary to resolve complaints. • Build and maintain positive working relationships with co-workers, other City employees and the public using principles of good customer service. • Maintain skills through continuing education and training. • Attend various meetings, trainings, etc.
• Research and prepare technical and administrative reports and studies; prepare written correspondence as necessary.
Police Chief
74 • Develop schedules and methods to accomplish assignments ensuring work is completed in a timely manner.
• Supervise and participate in the development and administration of the Police Department budget; direct the forecast of additional funds needed for staffing, equipment, materials and supplies; monitor and approve expenditures; implement mid-year adjustments.
• Confer with citizens and City officials on law enforcement problems and oversee the development of innovative municipal law enforcement policies. • Ensure responsive, appropriate service delivery by conferring with civic, professional, service fraternal and other community groups. • Initiate internal investigations when appropriate and provide corrective action as needed.
• Represent the Department to outside groups and organizations; participate in outside community and professional groups and committees; provide technical assistance as necessary.
• Perform other related duties as assigned.
Knowledge of:
• Budgeting procedures and techniques.
• Pertinent local, State and Federal laws, rules and regulations. • Modern office procedures and computer equipment.
• Principles and practices of leadership, motivation, team building and conflict resolution.
• Principles and practices of organizational analysis and management. • Principles and practices of supervision, training, and personnel management. • Principles and practices of police administration and operations. • Use of firearms and other modern police equipment.
• All aspects of crime prevention and law enforcement, including investigation and identification, patrol, traffic control, records management, and care and custody of persons and property.
Ability to:
• Plan, direct and control the administration and operations of the Police Department. • On a continuous basis, analyze budget and technical reports; interpret and evaluate staff reports; know laws, regulations and codes; observe performance and evaluate staff; problem solve department related issues; remember various rules and procedures; and explain and interpret policy.
• On a continuous basis, sit at desk and in meetings for long periods of time; intermittently twist to reach equipment surrounding desk; perform simple grasping and fine manipulation; use telephone; write or use a keyboard to communicate through written means; and lift or carry weight of 10 pounds or less. • Interpret and apply local, State, Federal, City and department policies, procedures, rules and regulations.
• Supervise, train, and evaluate personnel.
Police Chief
75 • Work independently.
• Understand and follow both oral and written instructions. • Establish and maintain effective working relationships with those contacted in the course of work.
• Communicate clearly and concisely, both orally and in writing. • Exercise independent judgment.
• Establish and maintain effective working relationships with those contacted in the course of work.
• Communicate clearly and concisely, both orally and in writing. • Exercise independent judgment.
• Establish and maintain a high level of trust.
• Remain calm and focused during emergency operations.
• Prepare and administer department budgets.
• Develop and implement department policies and procedures • Analyze problems, identify alternative solutions, project consequences of proposed actions and implement recommendations in support of goals • Develop and implement programs to meet the needs of the City. • Effectively oversee multiple projects simultaneously while managing project costs, resources, and schedules.
• Prepare and present staff reports at City Council meetings; attend City Council meetings.
MINIMUM QUALIFICATIONS
• Must be age eighteen (18) by date of application.
• Equivalent to the completion of the twelfth grade.
• Possession of a valid California Class C driver license. • Bachelor's degree from an accredited college or university in Police Science, Criminal Justice, Public or Business Administration, or related field. • Five (5) years of management experience, including three (3) years of supervisory experience.
• Three (3) years experience at the rank of full-time Lieutenant or above in a municipal, county or State agency.
• Possession of a Peace Officer Standards and Training (POST) Supervisor Certification within two years of appointment.
10/17
Police Chief
THIS PAGE IS INTENTIONALLY LEFT BLANK
76 77
TO:
FROM:
DATE:
LOsBanos
At the Crossroads of Cal~fornia
Agenda Staff Report
Mayor and City Council Members ----[7
Joe Heim, Interim Parks and Recreation Direcr
November 1, 2023
TYPE OF REPORT: Consent Agenda
SUBJECT: Amending the Fiscal Year 2023-2024 budget by increasing the appropriation amount in the Measure H account in the amount of $94,470.00 for the expenditures relating to the purchase and installation of four playgrounds.
Recommendation:
That the City Council amends the Fiscal Year 2023-2024 budget by increasing the appropriation amount in the Measure H account (101-451-290-747) in the amount of $94,470.00 to provide for the expenditure of installation for four playgrounds. .)
Background: r
The City of Los Banos provides a large number of parks. The parks play a key role)in creating community identity, providing space for recreational activity and offering safe places for the community to use.
There are 32 parks in Los Banos with playgrounds and a total of 37 playgrounds.
Playgrounds have an expected lifespan of 15 to 20 years. During the last several years, the Parks and Recreation Department has prioritized replacing out of date and damaged playground units. A large majority of playground units in Los Banos were beyond the 20 year life span and parts were unavailable for replacement.
Staff has replaced playgrounds at parks such as City Park, Citrus Park, Skylark Park and Big Page Park over the last several years. Measure H has provided available funding to provide for the installation of new playgrounds.
78 In Fiscal Year 2023-2024 with funding reserves in Measure H built up, the Parks and Recreation Department identified playgrounds for replacement as part of the 5 year capital improvement plan.
These include Gardens 1 Park, Gardens 3 Park and College Greens Park. These playground were beyond their lifespan and in poor condition. Additionally, Little Page Park was identified in the Fiscal Year 2022-2023 budget. The Gardens 1 Park playground was purchased in Fiscal Year 2022-2023 and will be installed in Fiscal Year 2023-2024.
During the Fiscal Year 2023-2024 staff has identified that funding estimated for the playground installation is insufficient. Additionally, due to a missing part, the Little Page Park installation was delayed until July, 2023.
Discussion:
Playgrounds are the highlight of any park location. They are the most heavily used and vandalized amenity in the park system. Playgrounds provide a wide variety of learning play space for youth.
The Parks and Recreation Department has prioritized upgrading it's playground offerings.
Including the installation of integrated shade, which consists of Gardens 1 Park, Gardens 3 Park and College Greens Park playgrounds. Combined with the Catholic Park, Vineyard A Park and the five shade sails anticipated as part of the First Five Grant, that the Parks and Recreation Department received in July 2023, the City will have 10 parks with shade over its playgrounds. No prior playgrounds had integrated shade or shade structures over the top of the playgrounds.
The Gardens 3 playground will include the City's first embankment slide. Which will allow children of all ages a new type of play space. The College Greens Park will include the City's first all-inclusive playground. This includes ramp access for ADA use. This will benefit both wheel chair users and elderly caregivers of children. The Parks and Recreation Department utilized the Parks Master Plan process and community meetings to identify the playgrounds.
The City is replacing GameTime equipment with GameTime equipment and received substantial discounts of $69,402.48 for the purchase and installation of the equipment. Inhouse staff is also providing the demolition of the existing playground to reduce expenditures. As well as the installation of new playground chips.
Staff is also requesting funding for playground certifications and for the purchase of playground chips. There is sufficient funding available in the Measure H Parks and Recreation reserve.
79 Gardens 1 Playground Installation $33,000.00
Gardens 3 Playground Installation $175,437.90
College Greens Playground Installation $175,000.00
Certifications Misc., $4,000.00
Playground Chips: $12,000.00
Little Page Park Playground Installation $17,031.00
Total: $416,468.80
All projects are anticipated to be completed and opened by January 1, 2024.
Fiscal Impact:
Staff is requesting to amend the Fiscal Year 2023-2024 budget to increase appropriation amount in the Measure H account (101-451-290-747) in the amount of $94,470.00 to provide for the installation of four playgrounds. The current available budget is $322,000.00. Staff is requesting a total project budget of $416,468.80.
Attachments:
Resolution
Gardens 1 Playground Installation and photo
Gardens 3 Playground Installation and photo
Gardens 3 Embankment Slide Installation
College Greens Playground Installation
Little Page Playground Installation
Brent Kuhn, Interim Finance Director
THIS PAGE IS INTENTIONALLY LEFT BLANK
80 81
RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS AMENDING THE FISCAL
YEAR 2023-2024 BUDGET BY INCREASING THE
APPROPRATION AMOUNT IN THE MEASURE H
ACCOUNT IN THE AMOUNT OF $94,470.00 FOR
THE EXPENDITURE OF THE INSTALLATION OF
FOUR PLAYGROUNDS
WHEREAS, the City Council of the City of Los Banos has been presented an amendment to the Fiscal Year 2023-2024 budget; and
WHEREAS, the City Council of the City of Los Banos may adjust the overall appropriation levels in each fund at any time during the Fiscal Year by action to amend the budget; and
WHEREAS, the proposed budget increase includes $94,470.00 in expenditures for the Measure H account 101-451-290-747 for the installation of four playgrounds; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby amend the Fiscal Year 2023-2024 budget to include an increase of $94,470.00 in expenditures for the Measure H account 101-451-290-747.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 1st day of November 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
THIS PAGE IS INTENTIONALLY LEFT BLANK
82 83
M.A.K. Associates Inc.
980 Memorex Drive
Santa Clara CA 95050
408-244-9848
Change Order
Order#: 1
UNLIMITED License: 756794 Order Date: 08/25/2023
www.playgroundsunlimited.net
To: City of Los Banos
645 7th Street
Los Banos CA 93635
DIR#: 1000008376
Project: 230099
Little Page Park Barn
600 Page Avenue
Los Banos CA 93635
The contractor agrees to perform and the owner agrees to pay for the following changes to this contract.
Ordered By: 1057 Lorena Souto Customer Order:
Plans Attached D
Specifications Attached 0
Description of Work
Labor
(2) Days
Notes
Amount
3,996.00
Labor costs for crew to return for install of incorrectly shipped and missing parts, once manufacturer addressed issues.
Negative changes will lower the overall contract
price requiring no additional payment by owner. Requested Amount of Change The original Contract Sum was ___________________ _
Net change by previous Change Orders ________________ _ The Contract Sum prior to this Change Order
The Contract Sum will be changed by this Change Order
The new Contract Sum including this Change Order will be The Contract Time will be changed by -----------------
Owner: Date: ----------------- -------
Contractor: ________________ _ Date: ______ _
3,996.00
13,035.00
0.00 13,035.00
3,996.00
17,031.00
0 Days
THIS PAGE IS INTENTIONALLY LEFT BLANK
84 85
(Game7ime)
CIOMRC
PO Box 106
Spring Lake, NJ 07762
Ph: 732-458-1111
Em:MRC@GAMETIM~COM
Web: www.rnrcrec.com
07/19/2023
Quote#
108285--02-01
CA Los Banos City of Garden 1 Park Installation
City of Los Banos
Attn: Man: Heguy
1540 W. I Street
Los Banos, 93635
Phone:209-587-1008
[email protected]
Ship to Zip 93635
Quantity Part# Description Unit Price Amount
INSTALL Gamelime - by a certified GameTlme InstallerInstallation of a play struclure with shade Sensory wave arch 2 spinning seats 1 park bench
INSTALLATION ASSUMES NORMAL DIGGING CONDITIONS WITH A STANDARD BOBCAT & AUGER
THIS BID IS BASED OFF OF PREVAILING WAGES
THIS BID IS BASED ON THE MANUFACTURES INSTALLATION GUIDE
THIS BID ASSUMES THAT THE AREAS OF WORK ARE ACCESSABLE FOR ALL EQUIPMENT
AND READY FOR THE INSTALLATION OF NEW EQUIPMENT
EXCLUSIONS:
Ally work not isled In scope of worlt
Ally permits, fees & bid bond
storing equipment
Ally site preparation
Ally lrTigatlon removal or repair
Repair of damage to any unknown underground Ulllities from d"igglng Making the site aC0888ible for operating equipment
Site sewrlly
Purchasing of any equipment
Purchasing & instaUation of safety surfacing
Replacement of missing, stolen & or vandalized equipment Delays due to bad weather
Responslbllltles of work not In scope of woJk
Contract: OMNIA '2017001134
Comments
IP af
$33,300.00 $33,300.00
Sub Total $33,300.00
Total $33,300.00
86 (Game'Jime)
CIOMRC
PO Box 106
Spring Lake, NJ 07762
Ph: 732-458-1111
Em: [email protected]
Web: www.mrcrec.com
CA Los Banos City of Garden 1 Park Installation
07/19/2023
Quote#
108285-02-01
This quotation is subject to policies In the current Game Time Park and Playground Catalog and the following terms and conditions. Our quotation is based on shipment of an items at one time to a slngle destination, unless otherwise noted, and changes are subject to price adjustment Purchases in excess of $1,000.00 to be supported by your written purchase order made out to GAMETIME, c/o Marturano Recreation. Kindly Issue one order for the equipment and a separate order for surfacing and/or equipment Installation services. Customer is responsible for any required permits and fees pertaining to such permHs.
PRICING / PAYMEN~ Pricing f.o.b. factory, firm for 30 days from date of quotation. Payment terms: Purchase order made payable to Gamellme. 75% due Net 30 days after ship date and 25% balance due upon completion of project for tax supported governmental agencies. A 1.5% per month finance chBf'IJe wiU be imposed on au past due accounts. Equipment shaU be Invoiced separately from other services and shall be payable in advance of those services and project completion. Retainage not accepted.
TAXES: State and local taxes, if applicable, wm be added al llme of Invoicing unless a tax exempt certificate is provided at the time of order entry.
INSTALLATION: Installation by a Gametime Certified Installer. • lnstaRation assumes a flat, dirt surface with no grading preparation required. • Gametime's instaner is not responsible for any site preparation, andfor grading. • Customer is responsible for calling 888-DIG-SAFE a minimum of 72 hours before installation is to begin. • Direct access is required for large construction vehides. • All work is to be done In one move.
• All excavated material is to remain on sile.
• Customer is responsible for accepting delivery, storage of equipment and transporting equipment from storage to the site, if storage is other than instaHation site.
• Customer will be responsible for unloading the truck and disposal of packaging. • The lnstaDation of the safety surfacing and/or border limbers Is not included in the above price. • Unforeseen subsurface obstructions may incur additional charges.
EXCLUSIONS: unless specifically included, this quotation excludes all site work and landscaping; removal of exlstlng equipment; acceptance of equipment and off-loading; storage of goods prior to installation; safety surfacing; borders and drainage provisions.
TO ORDER: Please complete the acceptance portion of this quotation and provide color selections, PURCHASE ORDER and other key information requested. Acceptance of this proposal indicates your agreement to the terms and conditions stated herein.
Salas Repn,sentative: Jenn Peterson
87 C/OMRC
POBox106 (Game'lime) Spring Lake, NJ 07762
Ph: 732-458-1111
Em: [email protected]
Web: www.mrcrec.com
CA Los Banos City of Garden 1 Park Installation
Acceptance of quotation: (ALL INFORMATION REQUIRED)
Accepted By (printed):---------- P.O.No: __________ _
Signature: ______________ _ Date: ___________ _
Title: _______________ _ Phone: ___________ _
Email: _______________ _ Facslmllle: __________ _
Purchase Amount: $33,300.00
Orderlnfonnatlon: (ALL INFORMATION REQUIRED)
BID To: ______________ _ Ship To: ___________ _
BRI To Contact: ____________ _ Ship To Contact: ________ _ Bil To Email: _____________ _ Ship To Email: _________ _ BiUToPhone: ____________ _ Ship To Phone: (Office): ______ _ (Cell):. _______ _
Bil to Add1'888: ____________ _ Ship To Address: ________ _ Bil To City, State, Zip: __________ _ Ship To City, Stale, Zip: _______ _ SALES TAX EXEMPTION CERTIFICATE#: ______________ _
(PLEASE PROVIDE A COPY OF CERTIFICATE)
07/19/2023
Quote#
108285-02-01
THIS PAGE IS INTENTIONALLY LEFT BLANK
88 89
, .. \ ~ I
r,; :'--"··~
.. .:. ...
;~~-:.·
~J
THIS PAGE IS INTENTIONALLY LEFT BLANK
90 91
(Game'Jime)
A PL CORE .__
C/O MRC
PO Box 106
Spring Lake, NJ 07762
Ph: 732-458-1111
Em: [email protected]
Web: www.mrcrec.com
CA Los Banos City of Garden 3 Park
City of Los Banos
Attn: Marc Heguy
1540 W. I Street
Los Banos, 93635
Phone: 559-827-2483
[email protected]
04/28/2023
Quote#
108285-01-15
Ship to Zip 93635
Quantity Part# Description Unit Price Amount
RDU
14927
5008
3274
91075
INSTALL
Gamellme - PowerScape Custom Designed 5-12 Unit
Game lime - NDS Play On Sign Package
Gamelime - 3 1/2" Antiwrap Zero-G (5-12)-Galv
Game Time - Sensory Wave Seat
Game lime - 4'-0" Hillside Double Zip Slide
Gamellme - by a certified Gamellme lnstallerlnstellation of equipment listed above Acceptance of equipment and off loading
Contract: OMNIA #2017001134
Comments
Safety surfacing is not included in price
JP af
$118,863.00 $118,863.00
$1,089.00 $1,089.00
$2,539.00 $2,539.00
$5,206.00 $5,206.00
$43,200.00 $43,200.00
Sub Total $170,897.00
Discount ($29,613.59)
Freight $9,657.14
Tax $8,582.30
Total $159,522.85
CHOOSE YOUR COLOR SCHEME: IT IS VERY IMPORTANT THAT YOU CHOOSE A COLOR SCHEME FOR YOUR MODULAR PLAYGROUND UNIT AT TIME OF ORDER. PLEASE SELECT FROM ONE OF THE MANY "PLAY PALETTES" LISTED IN THE BACK OF THE GAMETIME CATALOG OR ON OUR WEBSITE: www.gametime.com. INDICATE YOUR SELECTION BELOW. GAMETIME PLAY PALETTE:
__________ NOTE: COLOR SELECTION FOR ALL OTHER EQUIPMENT SHOULD BE ENTERED IN THE SPACE PROVIDED UNDER THAT SPECIFIC ITEM.
92 (Game'Jime)
C/OMRC
PO Box 106
Spring Lake, NJ 07762
Ph: 732-458-1111
Em: [email protected]
Web: www.mrcrec.com
CA Los Banos City of Garden 3 Park
04/28/2023
Quote#
108285-01-15
This quotation is subject to policies in the current Game Time Park and Playground Catalog and the following terms and conditions. Our quotation is based on shipment of all items at one time to a single destination, unless otherwise noted, and changes are subject to price adjustment. Purchases in excess of $1,000.00 to be supported by your written purchase order made out to GAMETIME, c/o Marturano Recreation. Kindly issue one order for the equipment and a separate order for surfacing and/or equipment installation services. Customer is responsible for any required permits and fees pertaining to such permits.
PRICING/ PAYMENT: Pricing f.o.b. factory, firm for 30 days from date of quotation. Payment terms: Purchase order made payable to Game Time. 75% due Net 30 days after ship date and 25% balance due upon completion of project for tax supported governmental agencies. A 1.5% per month finance charge will be Imposed on all past due accounts. Equipment shall be Invoiced separately from other services and shall be payable In advance of those services and project completion. Retainage not accepted.
TAXES: State and local taxes, If applicable, will be added at time of invoicing unless a tax exempt certificate is provided at the time of order entry.
FREIGHT/SHIPMENT: Freight charges: Prepaid and added at time of invoicing. Shipment: order will ship within 8-10 weeks after Game Time's receipt and acceptance of your PURCHASE ORDER, signed quotation and color selections.
RECEIPT OF GOODS: Installer is responsible for unloading and uncratlng equipment from truck. Installer shall receive, unload and Inspect goods upon arrival, noting any discrepancies on the Delivery Receipt prior to written acceptance of the shipment.
INSTALLATION: Installation by a Gamet/me Certified Installer. • Installation assumes a flat, dirt surface with no grading preparation required. • Gametime's installer is not responsible for any site preparation, and/or grading. • Customer Is responsible for calling 888-DIG-SAFE a minimum of 72 hours before installation Is to begin. • Direct access is required for large construction vehicles. • All work Is to be done in one move.
• All excavated material is to remain on site.
• The installation of the safety surfacing and/or border timbers is not Included In the above price. • Unforeseen subsurface obstructions may incur additional charges.
EXCLUSIONS: unless specifically included, this quotation excludes all site work and landscaping; removal of existing equipment; acceptance of equipment and off-loading; storage of goods prior to installation; safety surfacing; borders and drainage provisions.
TO ORDER: Please complete the acceptance portion of this quotation and provide color selections, PURCHASE ORDER and other key information requested. Acceptance of this proposal indicates your agreement to the terms and conditions stated herein.
Sales Representative: Jenn Peterson
93 C/OMRC
PO Box 106 (Game'Jime) Spring Lake, NJ 07762
Ph: 732-458-1111
A P LA 'CORE CofflPo•V Em: [email protected]
Web: www.mrcrec.com
CA Los Banos City of Garden 3 Park
Acceptance of quotation: (ALL INFORMATION REQUIRED)
Accepted By (printed): ___________ _ P.O. No: ____________ _ Signature: ________________ _ Date: _____________ _
lltle: __________________ _ Phone: _____________ _
Email: __________________ _ Facsimilie: ____________ _
Purchase Amount: $159,522.85
Order Information: (ALL INFORMATION REQUIRED)
Bill To: _ _____________ ___ _ Ship To: _____________ _ Bill To Contact: _____________ _ _ Ship To Contact: _________ _ Bill To Email: _______________ _ Ship To Email: __________ _ Bill To Phone: _______________ _ Ship To Phone: (Office): _______ _ (Cell): ________ _
Bill to Address: _______________ _ Ship To Address: __________ _ Bill To City, State, Zip: ____________ _ Ship To City, State, Zip: ________ _ SALES TAX EXEMPTION CERTIFICATE#: _______________ _
(PLEASE PROVIDE A COPY OF CERTIFICATE)
04/28/2023
Quote#
108285-01-15
94 ( Gan1e7ime)
C/OMRC
PO Box 225250
San Francisco, CA 94122
Ph: 800-235-2440
Em: [email protected]
Web: www.mrcrec.com
10/24/2023
Quote#
112528-01-01
CA Los Banos City of Garden 3 Park Hillside Slide Turf
City of Los Banos
Attn: Joe Heim
1015 F Street
Los Banos, CA 93635
Phone: 209-587-0978 Ext. 13
[email protected]
Ship to Zip 93635
Quantity Part# Description Unit Price Amount
46856 GT-lmpax - 334 SQ FT FLEX GRASSFLEXGRASS Quote includes 334 sf of 2.0" FlexGrass consisting of 1 .5" of rubber cushion layer and 334 sf of FlexGround premier synthetic turf. Premier turf Is 88 oz per sq yd with 1-1/2" pile height. Turf shall be glued at seams and fastened to nailer board at perimeter. Quote assumes subbase and nailer board shall be installed by others.
NOTES GT-lmpax - -
Inclusions
Quote is valid for 30 days.
Quote includes all applicable taxes, licenses, and processing fees. Quote Includes Prevailing Wages.
Quote does not include:
- Bonds (Rate: 2.5%)
- Security fencing
-Dumpster
-Site prep
- Subbase prep
Contract: OMNIA #2017001134
Comments
OMNIA CONTRACT 2017001134
JP/hd
$15,915.00 $15,915.00
Sub Total $15,915.00
Total $15,915.00
95 ( Ga,ne"Ji,ne)
C/OMRC
PO Box 225250
San Francisco, CA 94122
Ph: 800-235-2440
Em: [email protected]
Web: www.mrcrec.com
10/24/2023
Quote#
112528-01-01
CA Los Banos City of Garden 3 Park Hillside Slide Turf
NOTES:
• It is the customer's responsibility to verify total square footage of materials Synthetic Turf must be installed on asphalt, concrete or crushed stone surfacing.
• Grading and base preparation of area is required prior to installation of above surfacing. • Base must be GTlmpax Architectural Specifications.
• All ground preparation is the responsibility of the customer. • Customer must be on site at time of delivery.
• Customer is responsible for overnight security of the site. • A large turning area is required for access by tractor/trailer.
This quotation is subject to policies in the current Game lime Park and Playground Catalog and the following terms and conditions. Our quotation Is based on shipment of all items at one time to a single destination, unless noted, and changes are subject to price adjustment. Purchases in excess of $1,000.00 to be supported by your written purchase order made out to GAMETIME, c/o MRC. Kindly issue one order for the equipment and a separate order for surfacing and/or equipment installation services. Customer is responsible for any required permits and fees pertaining to such permits.
PRICING: f.o.b. factory, firm for 30 days from date of quotation.
PAYMENT TERMS: Payment in full, net 30 days subject to approval by Game lime Credit Manager. A 1.5% per month finance charge will be Imposed on all past due accounts. Equipment shall be invoiced separately from other services and shall be payable in advance of those services and project completion. Retainage not accepted.
SHIPMENT: Order shall ship within 30-45 days after Game lime's receipt and acceptance of your purchase order, approved submittals, and receipt of deposit, if required.
FREIGHT CHARGES: Prepaid and added at time of invoicing.
TAXES: State and local taxes, if applicable, will be added at time of invoicing unless a tax exempt certificate is provided at the time of order entry.
RECEIPT OF GOODS: Customer shall receive, unload and inspect goods upon arrival, noting any discrepancies on the Delivery Receipt prior to written acceptance of the shipment.
EXCLUSIONS: Unless specifically included, this quotation excludes all site work and landscaping; removal of existing equipment; acceptance of equipment and off-loading; storage of goods prior to installation; equipment assembly and installation; borders and drainage provisions.
TO ORDER: Please complete the acceptance portion of this quotat ; n and provide purchase order copy and other key information requested.
Acceptance of this proposal indicates your agreement to the terms and conditions stated herein.
Sales Representatlve:Jenn Petersonlhd
~-
a.
96 C/O MRC
PO Box 225250 ( &ame7inie) San Francisco, CA 94122
Ph: 800-235-2440
Em: [email protected]
Web: www.mrcrec.com
CA Los Banos City of Garden 3 Park Hillside Slide Turf
Acceptance of quotation: (ALL INFORMATION REQUIRED)
Accepted By (printed): ___________ _ P.O. No: _ ___________ _ Signature: _______________ _ Date: _____________ _
lltle: _________________ _ Phone: ____________ _
Email: _________________ _ Facsimilie: ___________ _
Purchase Amount: $15,915.00
Order Information: (ALL INFORMATION REQUIRED)
BIii To: ________________ _ Ship To: ____________ _
BIii To Contact: ______________ _ Ship To Contact: _________ _ Bill To Email: _______________ _ Ship To Email: __________ _ Bill To Phone: ______________ _ Ship To Phone: (Office): _______ _ (Cell): ________ _
Bill to Address: ______________ _ Ship To Address: __________ _ Bill To City, State, Zip: ___________ _ Ship To City, State, Zip: ________ _ SALES TAX EXEMPTION CERTIFICATE#: _______________ _
(PLEASE PROVIDE A COPY OF CERTIFICATE)
10/24/2023
Quote#
112528-01-01
97 THIS PAGE IS INTENTIONALLY LEFT BLANK
98 99
(Game'Jime)
C/OMRC
PO Box 106
Spring Lake, NJ 07762
Ph: 732-458-1111
Em: [email protected]
Web: www.mrcrec.com
05/01/2023
Quote#
110549-01-01
CA Los Banos City of College Greens Park
City of Los Banos
Attn: Joe Heim
1815 College Greens Dr
Los Banos, CA 93635
Phone: 209-827-7034 Ext. 13
[email protected]
Ship to Zip 93635
Quantity Part# Description Unit Price Amount
RDU GameTime - PowerScape Custom Designed 5-12 Unit
6142 GameTime - Whirlwind Seat Tilted (F/S)
6372 GameTime - Spin With Me (With Handle)
5208 Game Time - Saucer Swing (Galv)
14927 Game lime - NOS Play On Sign Package
1 14928 Game Time - NOS Inclusive Play Sign Package
INSTALL GameTime - by a certified GameTime Installer
Contract: OMNIA #2017001134
Comments
Safety surfacing is not included
Acceptance of equipment and off-loading Is not included In price Jp af
$126,559.00 $126,559.00
$945.00 $945.00
$6,995.00 $6,995.00
$7,060.00 $7,060.00
$54,000.00 $54,000.00
Sub Total $195,559.00
Discount ($39,788.89)
Freight $5,600.00
Tax $13,629.88
Total $174,999.99
CHOOSE YOUR COLOR SCHEME: IT IS VERY IMPORTANT THAT YOU CHOOSE A COLOR SCHEME FOR YOUR MODULAR PLAYGROUND UNIT AT TIME OF ORDER. PLEASE SELECT FROM ONE OF THE MANY "PLAY PALETTES" LISTED IN THE BACK OF THE GAMETIME CATALOG OR ON OUR WEBSITE: www.gametime.com. INDICATE YOUR SELECTION BELOW. GAMETIME PLAY PALETTE:
__________ NOTE: COLOR SELECTION FOR ALL OTHER EQUIPMENT SHOULD BE ENTERED IN THE SPACE PROVIDED UNDER THAT SPECIFIC ITEM.
100
(GameTime)
.. pLA CORE c,.,,,,!'1"1
C/O MRC
PO Box 106
Spring Lake, NJ 07762
Ph: 732-458-1111
Em: [email protected]
Web: www.mrcrec.com
CA Los Banos City of College Greens Park
05/01/2023
Quote#
110549-01-01
This quotation is subject to policies in the current GameTime Park and Playground Catalog and the following terms and conditions. Our quotation is based on shipment of all items at one time to a single destination, unless otherwise noted, and changes are subject to price adjustment. Purchases in excess of $1,000.00 to be supported by your written purchase order made out to GAMETIME, c/o Marturano Recreation. Kindly issue one order for the equipment and a separate order for surfacing and/or equipment installation services. Customer is responsible for any required permits and fees pertaining to such permits.
PRICING I PAYMENT: Pricing f.o.b. factory, firm for 30 days from date of quotation. Payment terms: Purchase order made payable to Game Time. 75% due Net 30 days after ship date and 25% balance due upon completion of project for tax supported governmental agencies. A 1.5% per month finance charge will be imposed on all past due accounts. Equipment shall be invoiced separately from other services and shall be payable in advance of those services and project completion. Retainage not accepted.
TAXES: State and local taxes, if applicable, will be added at time of invoicing unless a tax exempt certificate is provided at the time of order entry.
FREIGHT/SHIPMENT: Freight charges: Prepaid and added at time of invoicing. Shipment: order will ship within 8-10 weeks after Game Time's receipt and acceptance of your PURCHASE ORDER, signed quotation and color selections.
RECEIPT OF GOODS: Customer is responsible for unloading and uncratlng equipment from truck. Customer shall receive, unload and inspect goods upon arrival, noting any discrepancies on the Delivery Receipt prior to written acceptance of the shipment.
INSTALLATION: Installation by a Gamet/me Certified Installer. • Installation assumes a flat, dirt surface with no grading preparation required. • Gametime's installer is not responsible for any site preparation, and/or grading. • Customer is responsible for calling 888-DIG-SAFE a minimum of 72 hours before installation is to begin. • Direct access Is required for large construction vehicles. • All work is to be done in one move.
• All excavated material is to remain on site.
• Customer is responsible for accepting delivery, storage of equipment and transporting equipment from storage to the site, If storage Is other than installation site.
• Customer will be responsible for unloading the truck and disposal of packaging. • The installation of the safety surfacing and/or border timbers is not Included in the above price. • Unforeseen subsurface obstructions may Incur additional charges.
EXCLUSIONS: unless specifically Included, this quotation excludes all site work and landscaping: removal of existing equipment; acceptance of equipment and off-loading; storage of goods prior to installation; safety surfacing; borders and drainage provisions.
TO ORDER: Please complete the acceptance portion of this quotation and provide color selections, PURCHASE ORDER and ot1"~r key information requested. Acceptance of this proposal indicates your agreement to the terms and conditions stated herein.
Sales Representative: Jenn Peterson
101
C/O MRC
PO Box 106 (Game'Jime) Spring Lake, NJ 07762
Ph: 732-458-1111
Em: [email protected]
Web: www.mrcrec.com
CA Los Banos City of College Greens Park
Acceptance of quotation: (ALL INFORMATION REQUIRED)
Accepted By (printed): ___________ _ P.O.No: ------------- Signature: ____ ____________ _ Date: _____________ _ Title: __________________ _ Phone: _____________ _
Email: __________________ _ Facsimilie: ____________ _
Purchase Amount: $174,999.99
Order Information: (ALL INFORMATION REQUIRED)
Bill To: _________________ _ Ship To: _____________ _
Bill To Contact: ______________ _ Ship To Contact: _________ _ Bill To Email: _______________ _ Ship To Email: __________ _ Bill To Phone: _______________ _ Ship To Phone: (Office): _______ _ (Cell): ________ _
Bill to Address: _______________ _ Ship To Address: __________ _ Bill To City, State, Zip: ____________ _ Ship To City, State, Zip: ________ _ SALES TAX EXEMPTION CERTIFICATE#: _______________ _
(PLEASE PROVIDE A COPY OF CERTIFICATE)
05/01/2023
Quote#
110549-01-01
THIS PAGE IS INTENTIONALLY LEFT BLANK
102
103
THIS PAGE IS INTENTIONALLY LEFT BLANK
104
105
TO:
FROM:
DATE:
LclsBanos
At the C:ossroa,ls of California
Agenda Staff Report
Mayor Llanez and City Council Members
Stacy Souza Elms, Community and Economic Development Director ~ November 1 , 2023
TYPE OF REPORT: Public Hearing
SUBJECT: Los Banos Zoning Map Update
Recommendation:
Staff is requesting the City Council open the public hearing, receive public comment, close the public hearing, and consider the following actions:
1. Waive the first reading and introduce by title an Ordinance to amend the Los Banos Zoning Map in accordance with the Los Banos General Plan Update 2042.
Background:
The Zoning Map is adopted as a part of the land use ordinance, and depicts land use zones, overlays, or districts. Every city in California has an existing zoning ordinance.
The effect of that zoning ordinance on real property can be changed by a city's adoption of an amending ordinance.
There are two (2) basic types of substantive amendments to zoning ordinances:
1. Reclassification of the zoning applicable to a specific property, designating a change from one district to another district, commonly called "rezoning"; and
2. Changes in the permitted uses or regulations on property within particular zones or citywide, commonly called "text amendments."
1 106
The first type of amendment usually involves a change in the zoning map, without any change in the text of the basic zoning ordinance. The second type of amendment usually involves amending the text of the zoning ordinance, but not the zoning map.
Staff is requesting the City Council consider amending the Zoning Map without any changes to the text of the Zoning Ordinance.
On October 11, 2023, the Los Banos Planning Commission held a public hearing and considered the CEQA Categorical Exemption and the Zoning Map Update and recommended approval to the Los Banos City Council.
Discussion:
On October 19, 2022, the Los Banos City Council adopted the General Plan Update 2042.
After adoption of the General Plan the City embarked on an update of the Zoning Map to implement the recently adopted General Plan. Pursuant to Government Code Section 65860(a) Zoning Ordinances must be consistent with the General Plan and any applicable specific plan.
The updated General Plan Map did not significantly change the City's overall land use vision, but rather corrected inconsistencies and made updates where needed to comply with State law. The General Plan land use map provides for the following structure for Los Banos:
• The core of downtown would remain Mixed Use, and the Mixed Use designation is expanded southeast along J Street between Seventh Street and Pacheco Boulevard to provide additional flexibility to allow existing uses to remain, and to create opportunities for new projects as anticipated in the Downtown Strategic Plan.
• Designated sites along Overland Avenue, Mercy Springs Road, San Luis Street, and Santa Rita Avenue for High Density Residential to ensure the City has sites available to meet future demand for multifamily residential. • Commercial uses are concentrated along both sides of Pacheco Road and Mercy Springs Road, and some scattered Commercial designations are added along and near Pacheco Boulevard to serve both residents, visitors, and the surrounding region.
• Important Industrial and Employment Park nodes are located southeast of the intersection of Pacheco Boulevard and Ward Road, in the northwest part of the city around the intersection of Willmott and H Street and the existing airport site. • Civic/Institutional designation was applied on scattered sites to reflect the location and extent of existing and future public uses including the cemetery, schools, and public facilities.
All of these changes adopted in the General Plan Update have been carried forward into the Zoning Map for consistency.
2 107
ENVIRONMENTAL ASSESSMENT:
The proposed Zoning Map Amendment is entirely consistent with and implements the General Plan land uses established in the General Plan Update 2042, which an EIR was previously prepared and certified (SCH #2022010254). The anticipated CEQA finding at this time is that adoption of the Zoning Map update is exempt from CEQA for the following reasons, each as separate and independent basis: (1) Pursuant to CEQA Guidelines Section 15183, the proposed Zoning Map update is consistent with the development density established by existing zoning, community plan, of general plan policies for which an EIR was certified, and there are no project-specific significant effects which are peculiar to the project or any site. (2) There are no changes proposed to the General Plan land uses or densities, there have been no substantial changes in circumstances, and no new information has become known since the time of the General Plan EIR certification; thus, pursuant to CEQA Guidelines Section 15162, no subsequent EIR is required. (3) This activity is within the scope of the project covered by the General Plan EIR (a program EIR), and no further environmental review is required, pursuant to CEQA Guidelines 15168.
PUBLIC COMMENT:
A public hearing notice was published in the Merced Sun-Star on October 20, 2023. As of the date of this staff report no comments have been received.
Reviewed by:
Attachments:
1. Ordinance
2. Proposed Zoning Map Update
3. Adopted General Plan Lan~ Use Map
3 THIS PAGE IS INTENTIONALLY LEFT BLANK
108
109
ORDINANCE NO. --
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS AMENDING THE OFFICIAL
ZONING MAP IN ACCORDANCE WITH THE LOS
BANOS GENERAL PLAN UPDATE 2042
WHEREAS, the Los Banos City Council adopted the Los Banos General Plan Update 2042 on October 19, 2022, and is the guiding document for land use in the City of Los Banos; and
WHEREAS, the proposed amendment to the Zoning Map is in accordance with the adopted General Plan Update 2042 land use map; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA) and the City of Los Banos Environmental Quality Guidelines the proposed Zoning Map Amendment has been found to be Categorically Exempt from the California Environmental Quality Act (CEQA) per Sections 15183, 15162, and 15168 as the proposed Zoning Map Amendments are entirely consistent with and implement the General Plan land uses established in the adopted Los Banos General Plan Update 2042, which an EIR was previously prepared and certified (SCH #2022010254).
WHEREAS, the Los Banos City Council held a duly noticed public hearing on October 11, 2023 to consider the Categorical Exemption and Zoning Map Amendment, and recommended approval to the Los Banos City Council; and WHEREAS, a public hearing was duly noticed on October 20, 2023, in accordance with California Government Code Section 65091 by advertisement in the Merced SunStar, to consider and take testimony regarding the proposed Zoning Map Amendment; and
WHEREAS, the City Council of the City of Los Banos hereby makes the appropriate findings set forth in Exhibit A (CEQA Findings), attached hereto and incorporated herein by this reference.
The City Council of the City of Los Banos does hereby ordain as follows:
Section 1. The City Council finds that the proposed Zoning Map Amendment is in the public interest and consistent with the Los Banos General Plan.
Section 2. The City Clerk is hereby directed to amend the Official Zoning Map, as provided in Attachment 2 of the staff report incorporated here by reference, in conformance with this Ordinance and the provisions of the Los Banos Municipal Code. 1 110
Section 3. This Ordinance shall go into effect and be in full force and operation thirty (30) days after its final passage and adoption. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted and published once within fifteen days after passage and adoption as may be required by law; or, in the alternative the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five days prior to the date of adoption of this Ordinance; and, within fifteen days after adoption, the City Clerk shall cause to be published, the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk.
Introduced by Council Member __ and seconded by Council Member __ Passed on the _ day of November, 2023 by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
Paul Llanez, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
2 111
EXHIBIT A
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS FOR LOS
BANOS ZONING MAP AMENDMENT
Pursuant to the requirements of California Public Resources Code Section 21000 et seq. ("CEQA") and Title 14, California Code of Regulations Section 15000 et seq. (the "CEQA Guidelines"), the City as Lead Agency under CEQA adopts the following findings required by CEQA, along with the facts and evidence upon which each finding is based.
Pursuant to CEQA, the CEQA Guidelines, and the City of Los Banos Environmental Quality Guidelines, the proposed Zoning Map Amendment has been found to be categorically exempt from the California Environmental Quality Act (CEQA) as the proposed Zoning Map Amendments are entirely consistent with and implement the General Plan land uses established in the adopted Los Banos General Plan Update 2042, which an EIR was previously prepared and certified (SCH #2022010254).
The City of Los Banos City Council hereby finds as follows:
1. Pursuant to CEQA Guidelines Section 15183, the proposed Zoning Map Amendment is consistent with the development density established by existing zoning, community plan, of general plan policies for which an EIR was certified, and there are no project-specific significant effects which are peculiar to the project or any site.
2. There are no changes proposed to the General Plan land uses or densities, there have been no substantial changes in circumstances, and no new information has become known since the time of the General Plan EIR certification; thus, pursuant to CEQA Guidelines Section 15162, no subsequent EIR is required.
3. This activity is within the scope of the project covered by the General Plan EIR (a program EIR), and no further environmental review is required, pursuant to CEQA Guidelines 15168.
4. On the basis of the whole record, including the public comment, the Planning Commission finds that there is no substantial evidence that the Project may have a significant effect on the environment.
5. There is no substantial evidence of significant new information or changes in the environmental setting that have occurred that would result in new or greater significant effects not studied in the General Plan EIR.
6. The City of Los Banos Community and Economic Development Department, located at 520 J Street in Los Banos, is the custodian of the documents that constitute the record of proceedings upon which the determination to adopt the categorical exemption is based upon.
3 112
Prior to considering the proposed Project, the Los Banos City Council considered the Categorical Exemption for the Zoning Map Amendment in accordance with General Plan Update 2042.
4 113
CJc1tyUmit
-Highway Commercial
;: : :: Urban Growth Boundary (UGB)
-Neighbomood Commercial
C Sphere of Influence (SO0
-Professional Office
-General Industrial Zoning Designations Light Industrial Low Density Residential -Park
Medium Density Residential -Public Facility
-High Density Residential -Rail Conidor
Mixed Use No Zoning Data
General Commercial
Source: Merced County, 2019; City of Los Banos, 2023; Place Works, 2023.
CITY OF LOS BANOS
0.25 0.5 ZONING DESIGNATIONS (UPDATED 10/24/2023)
MIies
114
LOS BANOS
GENERAL PLAN
2042
General Plan Land Use Designations
Low Density Residentia I
Office/Professional
Employment Campus
Industrial
Agriculture/Rural
Source: Merced County, 2019; PlaceWorks, 2022.
0 Citylimit ;_-_ ~ Proposed Urban Growth Boundary (UGB) D Proposed Sphere of Influence (SOI) LOS BANOS GENERAL PLAN 2042
CITY OF LOS BANOS
LAND USE
[ZZI Proposed Area of Interest (AOI) Figure 3-2
General Plan 2042 Land Use Designations
115
LOsBanos L . Crossroads c.,J lifornia
COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT
Date: October 20, 2023
Re: Notice of Public Hearing
Proposal: Los Banos Zoning Map Update
NOTICE IS HEREBY GIVEN THAT a Public Hearing will be held by the Los Banos City Council to consider an Update to the Los Banos Zoning Map in accordance with the Los Banos General Plan Update 2042 that was adopted October 19, 2022. The Zoning Map Update is exempt from CEQA pursuant to CEQA Guidelines Section 15162, 15168, 15183, and 15061(b)(3)). The proposed update is entirely consistent with and implements the General Plan land uses established in the General Plan, for which an Environmental Impact Report (EIR) (SCH #2022010254) was prepared and certified.
There are no changes proposed to the General Plan land uses or densities, there have been no substantial changes in circumstances, and no new information has become known since the time of the General Plan EIR certification; thus, pursuant to CEQA Guidelines Section 15162, no subsequent EIR is required. This activity is within the scope of the project covered by the General Plan EIR (a program EIR), and no further environmental review is required, pursuant to CEQA Guidelines 15168. Pursuant to CEQA Guidelines 15183, there are no project-specific significant effects which are peculiar to the project or any site.
The Los Banos Planning Commission held a public hearing on Wednesday, October 11, 2023, for the purpose of considering the above-mentioned item. At the completion of the public comment, the Planning Commission recommended approval of the CEQA Exemption and Zoning Map Update to the Los Banos City Council.
A PUBLIC HEARING on this matter will be held at the next scheduled meeting of the Los Banos City Council on Wednesday, November 1, 2023 at 6:00 p.m. in the Council Chambers of Los Banos City Hall, located at 520 "J" Street, Los Banos, California.
Questions regarding the above-referenced item may be directed to Stacy Souza Elms, Community & Economic Development Director, at City Hall, by phone at (209) 827- 2433, or via email at [email protected].
All persons are invited to be present at the public hearing. Written and oral testimony is invited. Notice is hereby further given that if you challenge the above-described Project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this Notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing.
Additional information may be obtained from the Community & Economic Development Department at 520 J Street, Los Banos, California. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Office of the City Clerk at (209) 827-7000. Notification at least 72 hours prior to the public hearing will enable the City to make reasonable arrangements to allow participation at this hearing
THE CITY OF LOS BANOS
Stacy Souza Elms
Comm1mitv & Er.onomir. DAvAlonmAnt DirAr.tor
116
LOsBanos , . c ,hfo
COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT
Date: October 27, 2023
Regarding: Notice of Public Hearing
Proposal: Mobile Food Vendor Permit #2023-09 - Ramon Huerta (dba California Del Sur)
NOTICE IS HEREBY GIVEN THAT a Public Hearing will be held by the Los Banos Planning Commission to consider a Categorical Exemption from the California Environmental Quality Act (CEQA) and a Mobile Food Vendor Permit #2023-09 to allow the operation of a mobile food vending vehicle on route throughout the City of Los Banos within the public-right-of way for Ramon Huerta dba California Del Sur.
A PUBLIC HEARING on this matter will be held at the next scheduled meeting of the Los Banos Planning Commission on Wednesday, November 8, 2023 at 6:00 p.m. in the Council Chambers of Los Banos City Hall, located at 520 "J" Street, Los Banos, California. Questions regarding the above-referenced item may be directed to Rudy Luquin, Associate Planner, at City Hall or at (209) 827-2432.
All persons are invited to be present at the public hearing. Written and oral testimony is invited. Notice is hereby further given that if you challenge the above described Project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this Notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing.
Additional information may be obtained from the Community & Economic Development Department at 520 J Street, Los Banos, California. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Office of the City Clerk at (209) 827-7000. Notification at least 72 hours prior to the public hearing will enable the City to make reasonable arrangements to allow participation at this hearing
LOS BANOS
117
City of
OS
COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT
Date: October 27, 2023
Regarding: Notice of Public Hearing
Proposal: Conditional Use Permit #2023-09 - Type 41 Alcohol License NOTICE IS HEREBY GIVEN THAT a Public Hearing will be held by the Los Banos Planning Commission to consider Conditional Use Permit #2023-09 and a Categorical Exemption from the California Environmental Quality Act pursuant to Section 15301, Existing Facilities, to allow the use of a Type 41 Alcohol License for the on-sale of Beer and Wine for a bona-fide eating place, Biggins Texas BBQ, located at 609 I St., more specifically identified as Assessor's Parcel Number 025-231-019.
A PUBLIC HEARING on this matter will be held at the next scheduled meeting of the Los Banos Planning Commission on Wednesday, November 8, 2023 at 6:00 p.m. in the Council Chambers of Los Banos City Hall, located at 520 "J" Street, Los Banos, California. Questions regarding the above-referenced item may be directed to Rudy Luquin, Associate Planner, at City Hall or at (209) 827-2432.
All persons are invited to be present at the public hearing. Written and oral testimony is invited. Notice is hereby further given that if you challenge the above described Project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this Notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing.
Additional information may be obtained from the Community & Economic Development Department at 520 J Street, Los Banos, California. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Office of the City Clerk at (209) 827-7000. Notification at least 72 hours prior to the public hearing will enable the City to make reasonable arrangements to allow participation at this hearing
Rudy Luquin
Associate Planner
118
LOsBanos
, '
COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT
Date: October 27, 2023
Re: Notice of Public Hearing
Proposal: Site Plan Review #2023-05 - Bottom Line Group (Starbucks) NOTICE IS HEREBY GIVEN THAT a Public Hearing will be held by the Los Banos Planning Commission to consider a Site Plan Review #2023-05 for the development of a 1,275 sq. ft. commercial structure with drive-thru and associated site improvements.
This project was previously evaluated in the Los Banos Home Depot (SCH #2005041010) Mitigated Negative Declaration which was approved by the Los Banos Planning Commission on May 11, 2005. The project is located within the Highway Commercial Zoning District at 2101 E. Pacheco Blvd., more specifically identified as Assessor's Parcel Number: 083-140-030.
A PUBLIC HEARING on this matter will be held at the next scheduled meeting of the Planning Commission on Wednesday, November 8, 2023 at 6:00 p.m. in the Council Chambers of Los Banos City Hall 1ocated at 520 "J" Street. Questions regarding the above-referenced item may be directed to Rudy Luquin, Associate Planner at City Hall or at (209) 827-2432.
All persons are invited to be present at the public hearing. Written and oral testimony is invited. Notice is hereby further given that if you challenge the above described Project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this Notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing.
Additional information may be obtained from the Community & Economic Development Department at 520 J Street, Los Banos, California. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Office of the City Clerk at (209) 827-7000. Notification at least 72 hours prior to the public hearing will enable the City to make reasonable arrangements to allow participation at this hearing
Ru
Associate Planner