Agenda packet — Los Banos City Council, November 15, 2023

LOs Banos
At the Crossroads of California
www.losbanos.org
AGENDA

CITY COUNCIL MEETING

CITY HALL COUNCIL CHAMBERS
520 J Street
Los Banos, California
NOVEMBER 15, 2023- 6:00 PM
Live stream on YouTube at:
, ................................................................... https://www.youtube.com/@losbanos406 ............................................................. .

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

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

La Cuidad de Los Banos cumple con la Acta de Americanos con Deshabilidad (ADA) de 1990. : ........................................................................................................................................................................................................................................................................................... :
r············••n••···· .. ···•···· .. •··• • • . • • ...................... 1 Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the meeting and in the City Clerk's office located at City Hall, 520 J Street, Los Banos, California during normal business hours. In addition, such writings and documents may be posted on the City's website at www.Josbanos.org.
* * * * * * * ** * * * * * * *
Cua/quier escritura o /os documentos proporcionaron a una mayor/a de/ Ayuntamiento respecto a cua/quier articulo en este orden de/ 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,
California durante horas de oficina normales. Ademas, tales escrituras y los documentos l ................................. ~~ ~~?. ... ~~~ .. ~?~.?.~~~.?.?.~ ... ~~.~!. .. ~~~:!.~~ .. ~~ .. !.~ ... ?.~~~~~ .. ~.?. ... ~ ·.'.?~~.~.?.?~:.?C~· .................................. :

Please note: The Brown Act provides the public with an opportunity to make public comment at any public meeting. As an alternative for in-person comments, written public comment may be made by e-mail to [email protected] or delivered to the City Clerk at City Hall, 520 J Street three (3) hours prior to the scheduled time of the meeting. Comments received will not be read aloud at the meeting, but shall be. distributed to the City Council via e-mail and added to the agenda packet on the City's website for public review. Agenda packets can be found on the City's website at the following link: https://losbanos.org/category/city-council/ Los Banos City Council Agenda - November 15, 2023 Page 1 of 4 1 1. CALL TO ORDER - November 15, 2023 6:00 PM

2. PLEDGE OF ALLEGIANCE.

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

4. CONSIDERATION OF APPROVAL OF AGENDA.

Recommendation: Adopt the agenda as submitted.

5. PRESENTATIONS.

A. Certificate of Recognition - City of Los Banos Finance Department Staff in Recognition of Receiving the Government Finance Officers Association's Certificate of Achievement for Excellence in Financial Reporting for Fiscal Year 2021-2022.

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 #241668 - #242033 in the Amount of $2,288,086.79.

Recommendation: Approve the check register as submitted.

B. City Council Resolution No. 6707 - Authorizing the City Manager to Execute a Professional Service Agreement with Imagine Way More, LLC for Social Media Content Services not to Exceed $7,500 a Month.

Recommendation: Adopt the resolution as submitted.

C. City Council Resolution No. 6708 - Approving and Adopting Final Tract Map No. 2015-01 Southpointe at Regency Park, Phase 10 and Accompanying Subdivision Improvement Agreement (Stonefield Home, Inc.).

Recommendation: Adopt the resolution as submitted.

D. City Council Resolution No. 6709 - Ratifying the City Manager's Approval of the Employment Agreement with Parks & Recreation Director Joseph R.

Heim.

Recommendation: Adopt the resolution as submitted.

Los Banos City Council Agenda - November 15, 2023 Page 2 of4 2 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.
(Second Reading & Adoption)
Recommendation: Receive staff report, open public hearing, receive public comment, close the public hearing and adopt the ordinance as submitted.

9. CONSIDERATION OF A PROPOSED MEASURE CONVERTING THE OFFICES

OF CITY CLERK AND CITY TREASURER FROM ELECTED TO APPOINTED POSTS PURSUANT TO CALIFORNIA GOVERNMENT CODE§§ 36508-36510.

A. City Council Resolution No. 6710 - Calling and Giving Notice of a Special Municipal Election to be Held on Tuesday, March 5, 2024 for the Submission to the Qualified Voters of the City a Measure to Convert the Offices of City Clerk and City Treasurer from Elected to Appointed Offices, and Requesting the Board of Supervisors of the County of Merced, California, to Provide for the Consolidation of the Special Ballot Measure Election with the Statewide Direct Primary Election to be Held on March 5, 2024, Pursuant to Section 10403 of the Elections Code; and Setting Rules for Arguments and Rebuttals For and Against Said Measure.

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

10. CONSIDERATION OF A PROPOSED MEASURE CHANGING THE TERM OF OFFICE OF MAYOR FROM TWO (2) YEARS TO FOUR (4) YEARS PURSUANT TO CALIFORNIA GOVERNMENT CODE § 34900.

A. City Council Resolution No. 6711 - Calling and Giving Notice of a Special Municipal Election to be Held on Tuesday, March 5, 2024 for the Submission to the Qualified Voters of the City a Measure to Extend the Term of the Mayor from Two (2) Years to Four (4) Years, and Requesting the Board of Supervisors of the County of Merced, California, to Provide for the Consolidation of the Special Ballot Measure Election with the Statewide Direct Primary Election to be Held on March 5, 2024, Pursuant to Section 10403 of the Elections Code; and Setting Rules for Arguments and Rebuttals For and Against Said Measure.

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

Los Banos City Council Agenda - November 15, 2023 Page 3of4 3 11. CONSIDERATION OF THE CANCELLATION OF THE REGULAR CITY COUNCIL MEETING SCHEDULED FOR WEDNESDAY, DECEMBER 20, 2023 DUE TO THE HOLIDAY SEASON.

Recommendation: Discussion and direction from the City Council on how to proceed.

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

13. CITY MANAGER REPORT.

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

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

SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT (SJVAPCD),

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

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

15. CITY COUNCIL MEMBER REPORTS.

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

16. ADJOURNMENT.

I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. ~~rl-~
Lucille L. Mallonee, City Clerk Dated this 9th day of November 2023 Los Banos City Council Agenda - November 15, 2023 Page 4 of4 4 CERTIFICATE OF RECOGNITION
(Jlresentea 7'o

FINANCE DEPARTMENT STAFF
City of Los Banos
In recognition of your outstanding performance ana aed'icatea service to the City of Los (J3anos ana for receiving - for the 9th consecutive year- the (}overnment Pinance Officers .Jl.ssociation 's "Certificate of )fchievement for P.xf;e{fence in Pinancia{ <Rsporting "for fisca{ year 2021-2022. (]>au{ £Canez, 9,1.ayor
(J)atecf: :Novem6er 15, 2023
LOsBanos 0
5 THIS PAGE IS INTENTIONALLY LEFT BLANK
6 CK# 241668 - # 242033 11/15/2023 $2,288,086.79
Check Report LOs Banos
Check by Date _ , ... ~.,.. .. -: t r • ·:.~ c~.-~::}!:rnc:ds of r_ -,-,ru~ r~· 1rfr.

Number Pay.ment Date Vendor Name Payment Type Void Payment Amount 241677 10/27/2023 Apex Annex Health Center, Inc. Regular 371.00 241678 10/27/2023 Beam Insurance Administrators LLC Regular 21,364.05 241679 10/27/2023 Edges Electrical Group, LLC Regular ll,024.62 241680 10/27/2023 Galvin Preservation Associates, Inc. Regular 25,867.58 241681 10/27/2023 GoTo Communications, Inc. Regular 3,384.81 241682 10/27/2023 Gouveia Engineering Inc. Regular 21,602.83 241683 10/27/2023 Liebert Cassidy Whitmore Regular 2,522.50 241684 10/27/2023 Provost and Pritchard Engineering, Inc. Regular 19,616.89 241685 10/27/2023 Superior Pool Products, LLC Regular 11,162.90 241686 10/27/2023 US Bank Corp Pymt System Regular 53,700.95 241687 10/27/2023 West Coast Aerial Photography, Inc. Regular 5,000.00 241688 )0/27/2023 AAA Business Supplies Regular 264.07
241689 10/27/2023 Aramark Uniform Ser Inc Regular 702.46 241690 10/27/2023 AramarkUniform & Career Apparel Group, Inc. Regular 170.69 241691 10/27/2023 AT&T Regular 726.80
241692 10/27/2023 Irene Aquino Regular 20.00
241693 10/27/2023 Backflow Apparatus & Valve Co. Regular 122.10 241694 10/27/2023 BJ's Consumers Choice Pest Control Inc. Regular 76.00 241695 10/27/2023 BSK Associates Regular 2,698.00
241696 10/27/2023 Ca Dept of Justice Cashiering Unit Regular 2,346.00 241697 10/27/2023 CDTFA California Dept. of Tax & Fee Regular 309.00 241698 10/27/2023 Comcast Regular 264.76
241699 10/27/2023 Copy Shipping Solutions Regular 458.27 241700 10/27/2023 CPS Regular 792.00
241701 10/27/2023 CVCWA Regular 3,350.00
241702 10/27/2023 Christopher Velador Castro Regular 600.00 241703 10/27/2023 Dos Palos Publishing Company Regular 60.00 241704 10/27/2023 Enchantment In Lights Regular 9,040.00 241705 10/27/2023 Eric Espindola Regular 143.84
241706 10/27/2023 Fastenal Company Regular 193.25
241707 10/27/2023 Goodwin Consulting Group Regular 3,717.50 241708 10/27/2023 Maria Garcia-Rodriguez Regular 55.00
241709 10/27/2023 Halo Branded Solutions Inc. Regular 490.13 241710 10/27/2023 Henley Pacific, LLC Regular 94.29
241711 10/27/2023 Harwind Lasher Regular 500.00
241712 10/27/2023 Marfab Inc Regular 41.56
241713 10/27/2023 Oscar Daniel Figueroa Martinez Regular 4,100.00 241714 J0/27/2023 Madera Uniform & Accessories Regular 59.81 241715 10/27/2023 Jerry McEver Regular 500.00
241716 10/27/2023 NFPA Regular 175.00
241717 10/27/2023 O'Dell Engineering Regular 5,770.00
241718 10/27/2023 OSE Regular 28.25
241719 10/27/2023 PG&E Company Regular 43 .29
241720 10/27/2023 Pace Supply Corp. Regular 462.61
241721 10/27/2023 PSG Fencing Corp. Regular 4,500.00
241722 10/27/2023 PlaceWorks, Inc. Regular 2,310.30
241723 10/27/2023 Price Paige and Company CP A's LLP Regular 4,588.00 241724 10/27/2023 Production Sales of Silicon Valley Regular 466.47 241725 10/27/2023 Purchase Power Inc Regular 201.00
241726 10/27/2023 Jeremy Rahn Regular 701.25
241727 10/27/2023 Gloria Rodriguez Regular 350.00
241728 10/27/2023 Safeguard Business System, Inc. Regular 284.86 241729 10/27/2023 Save Mart Supermarkets Regular 102.53 241730 10/27/2023 Sherwin Williams Co Regular 297.90
241731 10/27/2023 Sorensens True Value Regular 149.17
7 241732 10
/27/2023 Stantec Consulting Services, Inc.

Regular 4,361.00
241733 10
/27/2023 Technicon Engineering Services, Inc. Regular 2,456 .50
241734 10
/27/2023 Tyler Technologies, Inc. Regular
2,711.50
241735 10/27/2023 Stephanie Pereira Regular 1,259.38
241736 10
/27/2023 USA Blue Book Regular 319
.72
241737 10
/27/2023 Verizon Wireless Regular 232
.06
241738 10
/27/2023 Vanessa Rose Vargas Regular 200.00
241739 10/27/2023 Westside Water Conditioning Regular 38.50 241740 10
/27/2023 Windecker Inc Regular
7,930.76
241741 10
/27/2023 Ambrosio Aranda Regular

7.86 241742 10/27/2023 Arbitrage Homes LLC Regular 54.43 241743 10/27/2023 Denise & Richard Beale Regular 114
.05
241744 10
/27/2023 Denise & Richard Beale Regular 56
.06
241745 10
/27/2023 BellaMia Real Estate Regular 101.56
241746 10/27/2023 Century Communities Regular 191.82
241747 10
/27/2023 Century Communities Regular 188
.54
241748 10
/27/2023 Century Communities Regular 189
.36
241749 10
/27/2023 Century Communities Regular 192
.63
241750 10/27/2023 Century Communities Regular 24
.55
241751 10
/27/2023 Grandmark Services Regular 75
.09
241752 10
/27/2023 Qinglong Hu Regular

4.33 241753 10
/27/2023 Cecilia Mendoza Regular 45.34
241754 10/27/2023 Merced Stanislaus County Property Management Regular 125 .51
241755 10
/27/2023 Meritage Homes Regular 46
.40
241756 I 0/27
/2023 Meritage Homes Regular 24.55
241757 10/27/2023 Meritage Homes Regular 24
.55
241758 10/27/2023 Nina's Boutique and Formal Wear Regular 26 .71
241759 10
/27/2023 Laura Ochoa Munoz Regular 55.59
241760 10
/27/2023 RBG Construction Regular 166
.45
241761 10/27/2023 Rosemary Tirado Regular 57.41
241762 10/27/2023 Analisa Travaglione Regular 101.56
241763 10
/31/2023 Marshall Pamer Regular 800
.00
241772 11
/03/2023 Apex Annex Health Center, Inc. Regular 250
.00
241773 11/03/2023 Ascent Aviation Group, Inc. Regular 29,479 .30
241774 11/03/2023 Richard A Blak Phd Regular 450
.00
241775 11/03
/2023 Sara Blevins Regular 330
.00
241776 11/03
/2023 CEP America California Regular 1,957
.00
241777 11/03/2023 City of Los Banos Escrow Account Regular 1,733.15 241778 11/03/2023 Dispensing Technology Corporation Regular 7,699.83
241779 11
/03/2023 Gouve
ia Engineering Inc. Regular 11,005.31
241780 11/03/2023 Ashley Greco Regular 215
.00
241781 11/03/2023 Mark Thomas & company. Inc. Regular 11,071.43 241782 11
/03/2023 Miguel A Morales Regular 3,100
.00
241783 11
/03/2023 Gerald "Obie" O'Brien Regular 77.14
241784 11/03/2023 PG&E Company Regular 11,974
.87
241785 I 1/03/2023 Chetna Patel Regular 215
.00
241786 11/03
/2023 Pro Group Painting Regular 68.305
.95
241787 11
/03/2023 Swinerton Builders Regular 1,678
,071.64
241788 11/03/2023 T-Consiuting International Regular 600 .00
241789 11/03/2023 Paul Tualla Regular 459
.63
241790 11
/03/2023 Vanir Construction Management, Inc. Regular 72 ,312.00
241791 11
/03/2023 Law Offices of William A Vaughn Regular 12,600 .00
241792 I 1/03/2023 Kasey Alim Regular 87
.50
241793 11
/03/2023 Animal Damage Management, Inc. Regular 4,470
.00
241796 11
/03/2023 Aramark Uniform Ser Inc Regular 726
.52
241797 11/03/2023 AramarkUnifonn & Career Apparel Group, Inc. Regular 512 .07
241798 11/03/2023 AT&T Regular 120.45
241799 I 1
/03
/2023 AT&T Regular 200
.14
241800 11
/03/2023 Anthony Perez Alejandre Regular 60
.00
241801 1 l/03/2023 Todd Baker Regular 1,487
.00
241802 11/03/2023 Bruce's Tire Inc Regular 788.45
241803 11
/03/2023 California Air Resources Board Portable Equipment Regular 735 .00
241804 11
/03/2023 Cal Traffic Regular 3,553
.68
241805 11/03/2023 Hector Castillo Regular 348
.00
241806 11/03/2023 CENCAL Machine & Fabrication Inc. Regular 96 .96
8 241807 11
/03/2023 City Signs Regular 2,072.97
241808 11
/03/2023 Central Sanitary Supply, LLC Regular 316.84
241809 11/03
/2023 Central Valley Concrete Inc. Regular 710
.14
241810 11
/03/2023 Clark Pest Control Inc Regular 108.00
241811 11/03/2023 Coffee Break Service Inc. Regular 186.24 241812 11
/03/2023 Comcast Regular 112.36
241813 11
/03/2023 Alessandra Coninck Regular 50.00
241814 11/03/2023 D & D Pest Control Regular 122.00
241815 11
/03/2023 Neeru
V. Desor Regular 250
.00
241816 11/03/2023 Karyn Dresser Regular 600.00
241817 11/03
/2023 Employee Relations, Inc. Regular 50.00
241818 11
/03/2023 Fastenal Company Regular 162.51
241819 11
/03/2023 Fast Track Car Wash Regular 567.00
241820 11/03
/2023 Fehr & Peers Regular 515.00
241821 11
/03/2023 Fresno City College Regular 2,295
.00
241822 11/03/2023 Garton Tractor Inc Regular 345.08
241823 11/03
/2023 Jocelyn Ornelas Gonzalez Regular 50
.00
241824 11/03/2023 Halcyon Creek Inc. Regular 972.55
241825 11/03/2023 Henley Pacific, LLC Regular 30.00
241826 11/03
/2023 Holt of California Regular 102.17
241827 11
/03/2023 Home Depot Regular 13,309
.99
241831 11/03/2023 Sally Hernandez Regular 50.00
241832 11
/03/2023 Los Banos Tiger Youth Football Regular 270
.00
241833 11
/03/2023 Los Banos Veterinary Services Regular 8,244.52 241834 11/03/2023 Leticia Lucas Regular 600.00
241835 11/03
/2023 Guido I Marquez Regular 180.00
241836 11/03/2023 Marfab Inc Regular 601.40
241837 11/03
/2023 McNamara Sports Inc Regular 4,247.94
241838 11/03
/2023 Merced Chevrolet Inc. Regular 410
.09
241839 11/03/2023 Merced County Auditor Controller Regular 332.50 241840 11/03
/2023 Merced Truck & Trailer Inc Regular
2,103.56
241841 11
/03/2023 Miracle Playsystems, Inc. Regular 4,757.71
241842 11/03/2023 Modesto Police Department Regular 250.00 241843 11/03
/2023 Merced County Association of Government Regular 4,800 .00
241844 11/03
/2023 Napa Auto Parts of Los Banos Regular
1,434.09
241845 11/03/2023 NON International LLC Regular 2,177.54 241846 11/03
/2023 OSE Regular 245
.73
241847 11
/03/2023 O'Reilly Auto Parts Regular 731.01
241848 11/03/2023 Protech Security & Electronics, Inc. Regular 955.35 241849 11/03
/2023 Jeremy Rahn Regular
1,881.44
241850 I 1
/03
/2023 Razzari Ford Regular 152.52
241851 11/03
/2023 SU Holdings, Inc Regular 491.46
241852 11/03
/2023 Southern Tire Mart, LLC Regular
2,516.26
241853 11
/03/2023 Sorensens True Value Regular 1,322.59
241855 11/03
/2023 Sorensens True Value Regular 160.83
241856 11
/03/2023 Kalid Sanchez Regular 50.00
241857 11/03/2023 The Heil CO Regular 220.00
241858 11/03
/2023 Samantha Alison Tova Regular 355.00
241859 11/03/2023 Estela Tiscareno Regular 50
.00
241860 11/03/2023 VCA Animal Hospitals, Inc. Regular 278.26 241861 11/03
/2023 Verizon Wireless Regular 103.92
241862 11
/03/2023 Windecker Inc Regular
4,295.76
241863 11/03/2023 Wintergreen Corporation Regular 3,595.52 241864 11
/03/2023 Young's Air Conditioning Regular 419.00
241865 11/03
/2023 Youth Evolution Activites Regular 975.00
241866 11/3
/2023 Jose Aguilar-Ramirez Regular 98.44
241867 11/3/2023 Osvaldo Alcala Regular 98.44
241868 11/3
/2023 Jose Aldaz Regular 125.17
241869 I 1/3/2023 Alta Real Estate Servi
ces, Inc. Regular 132.29
241870 11/3
/2023 Katty Alvarez Regular 98.44
241871 11/3
/2023 Renee Anderson Regular 200.00
241872 11/3
/2023 Juan Andres Regular 200.00
241873 11/3/2023 Charie Arcenio Regular 98.44
241874 11/3/2023 Daniel Arreguin Regular 98.44
241875 11/3
/2023 Miguel Arreola Manzo Regular 98.44
9 241876 11
/3/2023 Cayetano Avila Regular 94
.64
241877 11/3/2023 Jacobo Avila-Reyes Regular 81.10
241878 I 1/3
/2023 Nancy Axelsen Regular 200
.00
241879 11
/3/2023 Kasandrah Barger Regular 61.21
241880 11/3
/2023 Kimberly Barreto Regular 95.05
241881 11/3
/2023 Nancy Belanger Regular 10.42
241882 11
/3/2023 Twila Bondi Regular 96.54
241883 11/3/2023 Mark Borrero Regular 92.19
241884 11
/3/2023 Mericia Camacho Cendejas Regular 98.44
241885 11
/3/2023 Osvlado Campos Regular 98.44
241886 11/3
/2023 Shene! Cantero Regular 71.84
241887 11
/3/2023 Ramon Cardenas Regular 98.44
241888 11/3/2023 Maritza Carrasco Regular 98.44
241889 11/3/2023 Melissa Casillas Regular 200.00
241890 11
/3/2023 Karina Castellanos Regular 98.44
241891 11/3
/2023 Humberto Castro Regular 92.74
241892 I 1
/3/2023 Karen Castro Regular 98.44
241893 11
/3/2023 Asia Cato Regular 98.44
241894 11/3/2023 Cencal Machine Regular 200.00
241895 11
/3/2023 Century Communities Regular 159
.08
241896 11
/3/2023 Century Communities Regular 159.90
241897 11/3
/2023 Lauren Chavez Regular 98.44
241898 11/3
/2023 Victor Chavez Regular 20
.58
241899 11/3
/2023 Chipotle Mexican Grill Inc. Regular 200.00
241900 11/3/2023 Elaine Chiu Regular 98.44
241901 11
/3/2023 Kimberly Cordia Regular 98.44
241902 11/3
/2023 Alejandra Cortez-Martinez Regular 98.68
241903 11/3
/2023 Eric De La Torre Regular 161.20
241904 11
/3/2023 Nicole Delucca Regular 94.64
241905 11
/3/2023 DLP Real Estate, Inc. Regular 115.37
241906 11/3
/2023 Dang Duong Regular 83
.24
241907 11
/3/2023 Diane Ellis Regular 98.44
241908 I 1/3
/2023 Monica Estrada Regular 200.00
241909 11/3
/2023 Ethan Conrad Properties Regular 200
.00
241910 I 1
/3/2023 Cudberto Felix Regular 68.04
241911 I 1/3
/2023 Alejandra Fernandez-Zamora Regular 51.04
241912 11/3/2023 Lisa Flores Regular 98
.44
241913 11
/3/2023 Rueben Flores Regular 98.44
241914 11/3/2023 Stephen & Liana Frates Regular 73
.74
241915 11
/3/2023 Jose Luis Freitas Regular 115.36
241916 11/3
/2023 Adileny Garcia Regular 90.84
241917 11/3
/2023 Ana Garcia Regular 98.44
241918 I 1/3
/2023 Carmen Garcia Regular 98.44
241919 11/3
/2023 Yessica Godoy Regular 86.63
241920 11/3
/2023 Lamont Goldstein Regular 75.45
241921 11
/3/2023 Luis Gonzalez Regular 98.44
241922 11/3/2023 Jesus Gonzalez Chavez Regular 98.83
241923 11
/3/2023 Martha Gonzalez Marin Regular 98.44
241924 11
/3/2023 Paralee Gunsaullus E.egular 86.88
241925 11/3/2023 Marisol Guzman Regular 98.44
241926 11/3
/2023 Dinh Ha Regular 81.34
241927 11
/3/2023 Josephine Hardy Regular 98.44
241928 11/3
/2023 Rafael Hernandez Regular 84.90
241929 11/3
/2023 Alberto Herrera Regular 92
.74
241930 11
/3/2023 Patricia Irwin Regular 98.44
241931 11/3/2023 Puresa Jacobo Regular 200.00
241932 11/3
/2023 Aleida Jimenez Regular 200
.00
241933 11
/3/2023 Ana Jimenez Regular 200.00
241934 11/3/2023 Melissa Jimenez Regular 98.44
241935 11
/3/2023 Michael John
son Regular 98.44
241936 11/3/2023 Han Juanta Regular 200.00
241937 11/3
/2023 Gloria Juarez Regular 98.44
241938 11
/3/2023 Stephen Kline Regular 73.74
241939 11/3
/2023 La Michoacana Regular 10.93
241940 11
/3/2023 Giovanni Leal Regular 64.59
10 241941 11
/3/2023 Alyssa Leitzel Regular 98.44
241942 11/3/2023 Liberty Tax Service #8608 Regular 126.76 241943 11/3
/2023 Jessica Lindsey Regular 101.83
241944 I 1
/3/2023 Dulce Lopez Regular 30.73
241945 I 1/3/2023 David Louden Regular 100.00
241946 11/3
/2023 Brandon Luebke Regular 98.44
241947 11
/3/2023 Mei Shan Ma Regular 98.44
241948 11/3/2023 Deborah Martin Regular 200.00
241949 11
/3/2023 Daniel and Linda Martinez Regular 122
.99
241950 11/3
/2023 Esperanza Martinez Regular 98.44
241951 11/3
/2023 Jesus Martinez Regular 74.74
241952 11/3
/2023 Nancy Martinez Regular 98.44
241953 11/3
/2023 Diana Martinez Flores Regular 200.00
241954 I 1/3
/2023 Miriam Martinez Ortiz Regular 98.44
241955 11
/3/2023 Scott Michael Regular 75.64
241956 11
/3/2023 Arvindselvan Mohanaselvan Regular 98.44
241957 11
/3/2023 Lionel Munguia Regular 200.00
241958 11
/3/2023 Maria Murillo Regular 200
.00
241959 11/3
/2023 Shayne Neumann Regular 83.24
241960 11/3
/2023 NewGround International, Inc Regular 196.32
241961 11/3
/2023 Jennifer Obrien Regular 98.44
241962 I 1/3/2023 Jose Ornelas Regular 35.90
241963 11
/3/2023 Yadirha Orozco Lemus Regular 98
.44
241964 11
/3/2023 Luz Orozco-Estrada Regular 71.84
241965 11/3
/2023 Kathleen Ortega Regular 77.54
241966 11/3
/2023 Felix Pardo Jr Regular 87
.04
241967 11/3/2023 Anthony Parolise Regular 47.14
241968 11/3
/2023 Parolise Chiropractic Regular 25.17
241969 11
/3/2023 Iliana Pena Rodriguez Regular 200
.00
241970 I 1/3
/2023 Christina Perez Regular 98.44
241971 11/3
/2023 Fernando Perez Regular 96
.54
241972 11
/3/2023 Ivan Perez Regular 54.42
241973 11
/3/2023 Jose Perez Regular 98.44
241974 11
/3/2023 Gelacio Perez Jr Regular 121.52
241975 11
/3/2023 Yao Pomele Regular 98
.44
241976 I 1/3/2023 Properties 152, LLC Regular 79.44
241977 11/3
/2023 Maria Quintero Regular 92.74
241978 11
/3/2023 Kimberly Joyce Ramirez Regular 98.44
241979 I 1/3/2023 Victor Ramirez Regular 94.64
241980 11/3
/2023 Adrian Ramos-Aguirre Regular 98
.44
241981 11/3
/2023 Rosalva Reyes Regular 98.44
241982 11/3
/2023 Stacy Ringwood Regular 12.29
241983 11
/3/2023 Paula Robles Regular 200
.00
241984 11/3/2023 Ramiro Rodriguez Regular 78.13
241985 11/3
/2023 Ramiro Rodriguez Regular 78.13
241986 I 1
/3/2023 Jorge Rodriguez Montanez Regular 85.14
241987 11/3/2023 Francisca Rosas Rivera Regular 96.54
241988 11/3/2023 Leilani Roth Regular 100.00
241989 11
/3/2023 Wafa Salah Regular 200
.00
241990 11/3/2023 Cheyenne Sanchez Regular 200.00
241991 I 1
/3/2023 Obdulia Sanchez Regular 83.24
241992 11
/3/2023 Samuel Sanchez Regular 7.03
241993 11/3/2023 Fausto Sandoval Regular 98.44
241994 I 1/3
/2023 Fabricio Santana-Catano Regular 75.64
241995 11
/3/2023 Jennifer Saramago Regular 98.44
241996 11/3
/2023 Carlos Serrano Regular 199.43
241997 I 1/3
/2023 Shibu Simon Regular 98.44
241998 11
/3/2023 Gurtej Singh Regular 98.44
241999 11/3/2023 Summer Smith-Garcia Regular 149
.21
242000 11
/3/2023 Cornelio Solorio Regular 200.00
242001 11
/3/2023 Lucio Suarez Regular 100.00
242002 11/3/2023 Cynthia Subia Regular 98.44
242003 11
/3/2023 Sunshine Investments Regular 118.75
242004 11/3
/2023 Margie Terranova Regular 98.44
242005 11/3
/2023 Conner Todd Regular 58.54
11 242006 I 1/3/2023 Miriam Torres Regular 98 .44
242007 11/3/2023 George and Cathy Toste Regular 122.14
242008 11/3/2023 Lisette Tovar Regular 87.04
242009 I 1/3/2023 Colby Tse Regular 98.44
242010 11/3/2023 Christopher Valdez II Regular 98 .44
242011 11 /3/2023 Frank Vargas Regular 72.91
242012 11/3/2023 Miguel Velador Regular 200.00
242013 11/3/2023 Maria Velazquez Barboza Regular 200.00 242014 I 1/3/2023 Brian Walker Regular 14.12
242015 11 /3/2023 Gordon Warner Regular 98.44
242016 I 1/3/2023 Rosemary White Regular 98.44
242017 11/3/2023 Daniel Whittington Regular 91.49
242018 I 1/3/2023 Tyler Wilson Regular 57.82
242019 I 1/3/2023 Mickyas Woubneb Regular 200.00
242020 11 /3/2023 Fatima Yriarte Regular 98.44
242021 11 /3/2023 Adolfo Zendejas Regular 98.44
242022 I 1/03/2023 Aflac-Customer Service Regular 270.18 242023 I 1/03/2023 AFSCME District Council 57 Regular 1,677.90 242024 I 1/03/2023 Empower Annuity Ins. Co of America Regular 2,927.00 242025 I 1/03/2023 Empower Annuity Ins. Co of America Regular 1,449.02 242026 I 1/03/2023 Los Banos Police Assn Regular 1,085.00 242027 I 1/03/2023 Los Banos Police Assn. Regular 280.00 242028 I 1/03/2023 Merced County Sheriff Regular 200.00 242029 11/03/2023 MissionSquare Regular 441.65
242030 11/03/2023 Mission Square Regular 7,575.00
242031 11/03/2023 Nationwide Retirement Solutions Regular 5,402.33 242032 11 /03/2023 Professional Fire Fighter of Los Banos Local 4703 Regular 1,125.00 242033 11/03/2023 State Disbursement Unit Regular 1,350.00 Break in check sequence due to the following: Payment Type Payment Check #24 I 668 - #241676 (Payroll) Regular Checks 343 2,288,086.79 Check #241764 - #241767 (Manual Void) Manual Checks 0 0.00 Check #241768 - #241771 (Payroll) Voided Checks 0 0.00
Check #241794 - #241795 (Manual Void) 343 2,288,086.79
Check #241828 - #241830 (Manual Void)
Check #241854 (Manual Void)
12 TO:

FROM:

DATE:

LOsBanos _ , th Crossroads of C,difoniia
Agenda Staff Report
Mayor Llanez and City Council Members
Stacy Souza Elms, Community and Economic Development Director ~t_ November 15, 2023
TYPE OF REPORT: Consent Agenda
SUBJECT: Professional Services Agreement for Social Media Content Services with Imagine Way More, LLC
Recommendation:

That the City Council approve a Resolution authorizing the City Manager to sign a Professional Services Agreement with Imagine Way More, LLC for Social Media Content Services.

Discussion:

The Community and Economic Development Department prepared a Request for Proposal (RFP) from qualified agencies to provide social media content services to maximize Los Banos' online presence through diverse, engaging, and tailored content.

The scope of services includes the creation of social media content for Facebook, lnstagram, and TikTok with customized captions for each content piece to ensure peak engagement. The deliverables include video reels, talking head videos, online gallery, social media management, content calendar, and monthly strategy calls.
1 13
The RFP was published in the Merced Sun Star and published on the City's website. In addition, staff emailed local finns with existing business licenses to solicit proposals.

In response to the RFP, the City received four (4) responsive proposals from qualified firms. After reviewing and evaluating all proposals, staff recommends the City Council authorize the City Manager to execute a Professional Service Agreement with Imagine Way More, LLC for social media content services to not exceed $7,500 per month for one (1) year.

Fiscal Impact:

The contract amount for social media content services has been included in the adopted 2023-2024 Fiscal Budget under Economic Development Projects account 100-419-100- 269.

Reviewed by:

Jo
Attachments:

Resolution
Professional Service Agreement
inance Director
2 14
RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS AUTHORIZING THE CITY

MANAGER TO EXECUTE A PROFESSIONAL

SERVICE AGREEMENT WITH IMAGINE WAY

MORE, LLC FOR SOCIAL MEDIA CONTENT

SERVICES
WHEREAS, A Request for Proposals for retail recruitment and relationship services was issued on October 30, 2023; and
WHEREAS, the funds are available in the Assigned General Fund Balance and has been authorized by the City Council;
WHEREAS, the proposed Professional Service Agreement has been reviewed and approved by the City Attorney.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos as follows:

1. That the proposal by Imagine Way More, LLC, for social media content services, is hereby accepted, and the City Manager be and is hereby authorized and directed to execute an agreement in the form presented herewith for and on behalf of the City.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 15th 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
1 15

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16 PROFESSIONAL SERVICES AGREEMENT

FOR SOCIAL MEDIA CONTENT SERVICES
[Imagine Way More, LLC]
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 IMAGINE WAY MORE, LLC, a California Limited Liability Company (herein referred to as "Contractor") collectively ('Parties").

RECITALS
A. WHEREAS, City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California; B. WHEREAS, City desires to contract out for creation of social media content; C. WHEREAS, Contractor IMAGINE WAY MORE, LLC, submitted a proposal in response to a Request for Proposals prepared by the City for creation of social media content; D. WHEREAS, City has 'determined that Contractor is qualified by experience and ability to render such services; and
E. WHEREAS, City and Contractor desire to contract for specific services in connection with the creation of social media content for the City and desire to set forth their rights, duties and obligations in connection with the services to be performed.

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 November 16, 2023 and shall terminate on the 15th day of November, 2024, unless terminated earlier as set forth herein.

The Agreement may be extended on the same terms and conditions set forth herein for two additional one- year periods upon written notice by City to Contractor thirty days prior to the expiration of the original term or extended term.

2. Scope of Services. Contractor shall diligently perform all the services and deliverables described in Exhibit A attached hereto and incorporated herein by reference.

Notwithstanding services described above, the City may request and Contractor 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 Contractor or under Contractor's superv1s10n. All professional services to be provided by Contractor pursuant to this Agreement 1 17
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 Social Media Content Providers in accordance with sound professional practices.

2.2 Contractor acknowledges that City may enter into agreements with other Contractors 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.

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 Contractor to perform the services in a diligent and timely manner may result in termination of this Agreement by City.

Notwithstanding the foregoing, Contractor shall not be responsible for delays due to causes beyond Contractor'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 Contractor at the rate of $7,500 per month for the professional services including travel time, payable on or before the 10th day of each month.

Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and sub consultant fees, shall not exceed $7,500 per month without additional authorization from City.

4.1 Contractor shall submit monthly invoices to City describing the work performed the preceding period. Contractor's invoices 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.

4.2 City shall reimburse Contractor only for those costs or expenses specifically approved in advance by City.

4.3 Contractor 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.

Gabriel 0. Ortiz Lepe shall have the authority to act for Contractor under this Agreement.

6. Project Managers. City shall designate a Project Manager to work directly with Contractor in the performance of this Agreement. Contractor shall designate a Project Manager to work directly with the City in the performance of this Agreement. This Project Manager shall 2 18
be available • to City at all reasonable times during the Agreement term. Contractor has designated Gabriel 0. Ortiz Lepe to be its Project Manager. Consultant shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld.

7. Indemnification. To the fullest extent permitted by law, Contractor 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 acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, Contractors or agents in connection with the performance of the Contractor'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. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor, the City, its officials, officers, employees, agents, or volunteers.

8. Insurance. Without limiting Contractor's indemnification of City, and upon execution of this Agreement,. Contractor 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. Contractor 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. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits). Contractor 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 Contractor provides written verification that Contractor has no employees. 3 19
ii. General Liability Coverage. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 O 1, 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. Contractor'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. Contractor shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than one million dollars ($1,000,000) per accident. If Contractor owns no vehicles, this requirement may be met through a non-owned auto endorsement to the CGL policy.

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 Contractor.
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 Contractor'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 msunng 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 vqlunteers.
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 (1 O calendar days written notice of non-payment of premium) written notice has been received by City.
4 20

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 Contractor may be held responsible for payments of damages to persons or property.

8.2 Contractor shall not allow any subcontractors 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 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 Contractor, City may approve different scopes or minimum limits of insurance for particular subcontractors.

9. Nondiscrimination. In the performing of this Agreement, Contractor 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 Contractor on an independent contractor basis and Contractor is not an agent or employee of City. The manner and means of conducting the work are under the control of Contractor, 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 Contractor or any of Contractor's employees or agents, to be the agents or employees of City. Contractor shall have the responsibility for and control over the means of performing the work, provided that Contractor is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the services.
10 .1 The Contractor 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 Contractor or any other person performing services under this Agreement.

Contractor 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. Contractor 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 Content. All content, and materials of any and every type prepared by the Contractor pursuant to this Agreement shall be the property of the City. Such content shall include but not be limited to all, electronic media furnished or prepared or accumulated by the Contractor in performing work under this Agreement, whether completed or mprocess.
5 21

12. Confidentialitv. All City information disclosed to Contractor 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. Contractor shall maintain all records, relating to work performed for City under this Agreement on file for at least three (3) years following the date of final payment to Contractor 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 Contractor's usual and customary business hours. Contractor shall provide proper facilities to City's representative(s) for access and inspection. Contractor 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 Contractor 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, Contractor 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. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section.

Contractor represents that neither Contractor, 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. Contractor may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Contractor's sole cost and expense.

16. Compliance with Laws, Rules, Regulations. Contractor 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' 6 22
compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Contractor 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 Contractor's performance under this Agreement.

17. Integration; Amendment. This Agreement represents the entire understanding of City and Contractor 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. Contractor 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 Contractor 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 Contractor:

Imagine Way More, LLC
814 Colorado Ave
Los Banos, California 93635
Attn: Gabriel O. Ortiz Lepe
Nothing hereinabove shall prevent either City or Contractor from personally delivering any such notices to the other.
7 23

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 Contractor.

In the event of such termination, Contractor shall immediately stop rendering services under this Agreement unless directed otherwise by the City. In the event of such termination, Contractor 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 IMAGINE WAY MORE, LLC
by: Gabriel 0. Ortiz Lepe
CITY OF LOS BANOS, a California
municipal corporation
by: Josh Pinheiro,
City Manager
24 EXHIBIT A
9 25

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26 IMAGINE WAY MORE LLC

SOCIAL MEDIA MARKETING AGENCY
Purpose
Imagine Way More LLC is thrilled to present this enhanced $7500 proposal that aligns seamlessly with Client's evolving vision. The commitment is to maximize Los Banos' online presence and showcase its journey towards success through diverse. engaging, and tailored content.

Scope of Work
Provider shall create captivating social media content for Facebook, Instagram, and TikTok. The scope includes:
• Content Creation: Three content creation days (4-8 hours each) per month with on-call availability. • Customized Captions: Custom optimized captions for each content piece to ensure peak engagement.

Monthly Deliverables
• Video Reels: Minimum 35 engaging vertical video reels for Instagram and TikTok, showcasing a dynamic mix of topics, from city initiatives to community stories. • Talking Head Video: Optional 2-3 minute talking head update video for Facebook, offering insights into city progress and engagement.
• Online Gallery: A curated gallery of captivating images tailored to each department's unique offerings. • Social Media Management: Comprehensive management, including SEO optimization and data analysis, ensuring an impactful digital presence.
• Content Calendar: A well-structured calendar for Client's approval, allowing timely content distribution. • Monthly Strategy Calls: Regular calls to align strategies, fostering consistent growth.

Gabriel Omar Ortiz Lepe
Imagine Way More. LLC
CEO I Creative Director I Market Strategist
JMAGJNE WAY MQRE I iroagjnewa¥roore@gmajj mm I (209) 587-9063 27 THIS PAGE IS INTENTIONALLY LEFT BLANK
28 LOsBanos
At tl1c Crossr-oads of C,:,lifoniia
Agenda Staff Report
TO: Mayor & City Council Members
FROM:

DATE:

Jose Lemus, P.E., Interim Public Works Director/City Engineer November 15, 2023
TYPE OF REPORT: Consent Item
SUBJECT: Final Map No. 2015-01 Southpointe at Regency Park- Phase 10 Recommendation:

That the City Council adopts the Resolution approving Final Map No. 2015-01 Southpointe at Regency Park- Phase 10.

Background:

The Tentative Tract Map No. 2015-01 was approved by the City of Los Banos Planning Commission on May 11, 2016 by Resolution No. 6065. In October of 2023, the Public Works staff was contacted by the developer Stonefield Home, Inc., a California Corporation, for Final Map approval.

Discussion:

The subject is generally located within the area bounded by Northpointe at Regency Park Subdivision to the north, Place Road to the west, Mission Estates and Verona Subdivisions to the south, and Ward Road to the east, more specifically identified as APN:
424-120-030. The applicant is Stonefield Home, Inc., a California Corporation. The map consists 79 single family lots on 15.83 .± acres. This Final Map is in substantial compliance with Tentative Subdivision Map No. 2015-01.

Fiscal Impact:

Financial security as required by the Subdivision Improvement Agreement, the Subdivision Map Act and Los Banos Municipal Code has been deposited with the City. 29 All required processing, development, plan check and inspection fees to date have been paid.

Reviewed by:

Josh inhei~ger
Attachments:

Resolution
Exhibit A Legal Description
Exhibit B Final Map
Site Map
Subdivision Improvement Agreement
Exhibit A Original Engineers Estimate
Exhibit B Conditions of Approval
Brent Kuhn, Interim Finance Director
30 RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS APPROVING AND
ADOPTING FINAL TRACT MAP NO. 2015-01
SOUTHPOINTE AT REGENCY PARK, PHASE 10

AND ACCOMPANYING SUBDIVISION
IMPROVEMENT AGREEMENT.

WHEREAS, there has been submitted to the City Council of the City of Los Banos Tract Map No. 2015-01 Southpointe at Regency Park, Phase 10 and accompanying Subdivision Improvement Agreement: and
WHEREAS, the single-family residential subdivision consists of 79 single family lots on 15.83± acres; and
WHEREAS, the Acting Public Works Director/City Engineer has approved the Final Map, the plan check and inspection fees have been paid in full, and said Final Tract Map has been submitted to the City Council of the City of Los Banos for approval.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Los Banos that it does hereby approve and adopt Final Tract Map No. 2015-01 Southpointe at Regency Park Phase 10 for the real property described in Exhibit "A", shown in Exhibit "B" and authorize recording based upon the following findings:

1. Final Map is in substantial compliance with Tentative Tract Map No. 2015-01 .

2. Financial Security as required by the Subdivision Improvement Agreement, Subdivision Map Act, and Los Banos Municipal Code has been deposited with the City.

3. All required processing, development, plan check, and inspection fees to date have been paid.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 15th 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
31 THIS PAGE IS INTENTIONALLY LEFT BLANK
32 33

THIS PAGE IS INTENTIONALLY LEFT BLANK
34 Recording Requested By:

City of Los Banos
And When Recorded Mail to:

Lucille L. Mallonee, City Clerk
City of Los Banos
520 J Street
Los Banos CA 93635 S ace above this line for Recorder's use.

SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT made this 15th day of 2023,between Stonefield Home, Inc., a California Corporation, Parties of the First Part, hereinafter designated and called "DEVELOPER(S)", and the CITY OF LOS BANOS, a municipal corporation, the Parties of the Second Part, hereinafter designated and called "CITY".

WHEREAS, the DEVELOPER(S) have presented to the CITY a certain Final Map located within the corporate limits of the CITY, and known and described as Southpointe at Regency Park, Phase 10, comprised 79 lots, a copy of which is on file at the City of Los Banos Planning Department and made a part of this AGREEMENT by reference, and said DEVELOPER(S) have requested the CITY to accept the dedications delineated and shown on said Final Map in order that the same may be recorded as required by law; and,
WHEREAS, the CITY requires a condition precedent to the acceptance and approval of said Final Map, the dedication of said easements as are delineated and shown on said Final Map, and deems the same as necessary for public use, and requires and deems as necessary for the public use that any and all street improvements delineated and shown thereon shall be improved by the construction thereon and the installation therein of the improvements hereinafter specified in Paragraph One herein; and,
WHEREAS, certain sections of the Los Banos Municipal Code require the DEVELOPER(S) to enter into this AGREEMENT with the CITY whereby DEVELOPER(S) agree to do, perform, and complete the works and matters hereinafter in this AGREEMENT mentioned and set forth in details, within the time hereinafter mentioned, in consideration of the acceptance of the offers of dedication by the CITY; and, WHEREAS, the City Council of the City of Los Banos has found said Final Map by Resolution No. ____ to be in substantial compliance with the designs and Conditions of Approval of Vesting Tentative Tract Map #2015-01
NOW, THEREFORE, in consideration of the acceptance of the offers of dedication of easements, and facilities as shown and delineated on said Final Map, and the approval of said Final Map for filing and recording as provided and required by law, it is mutually agreed and understood by and between DEVELOPER(S) and CITY as follows:

SUBDIVISION AGREEMENT

1. That the CITY has fixed and does fix the time within which DEVELOPER(S) shall do and perform the work and improvements hereinafter specified and at such time during this period as 35 designated by the Public Works Director/City Engineer of the CITY, but no later than the 15th day of November 2025 with the said provision that this time may be extended by consent of the City Council, and that the DEVELOPER(S) will, within the period of time stated herein above in this paragraph stated and fixed, do or cause to be done and performed, the following described work and irnprovements,(as detailed in attached Exhibit A) all at their own cost and expense, to the satisfaction of the Public Works Director/City Engineer in accord with the approved subdivision improvement plans and existing City Policies and adopted Standards, including all costs of inspection, to-wit;
IMPROVEMENTS:

1. SITE PREPARATION $ 68,869.90

2. SEWER $ 115,060.00

3. STORM $ 92,623.00

4. WATER $ 132,160.00

5. PAVEMENT $ 223,302.50

6. CONCRETE $ 290,912.50

7. ELECTROLIERS $ 30,000.00

8. MISCELLANEOUS $ 10,000.00
TOTAL Cost of Construction and/or $ 962,927.90
Installation of Improvements
CONTINGENCIES AT 10% $ 96,292.79
TOTAL $ 1.059.220.69

2. The DEVELOPER(S) has not completed the following portion of improvements:

STREET IMPROVEMENTS

CONCRETE

ELECTROLIERS

MISCELLANEOUS

REMAINING TOTAL
$ 223,302.50
$ 290,912.50
$ 30,000.00
$ 12,000.00
$ 556.715.00

3. The DEVELOPER(S) shall furnish bonding or other forms of security for the estimated cost of the remaining improvements, agreed to by the CITY for Performance at 100%, $556,715.00 and Labor and Materials at 50%, $278,357.50 and prior to the release of other security, for Warranty and Guarantee at 10% in the amount of $55,671.50. In addition, the DEVELOPER(S) shall provide a bond or other form of security in the amount of $3,500.00 for survey monuments, per §66496 of the Government Code.

Subdivision Improvement Agreement 2 FM#2015-01
Southpointe at Regency Park, Phase 10
36 4. The DEVELOPER(S) agrees to pay the following fees at the time of signing the AGREEMENT less any amount previously paid.

ENGINEERING AND INSPECTION
5% of Approved Engineer's estimate of$962,927.90 $ 48,146.39 Less: Deposit for Plan Check (2%- Check# 23554) 09/14/2021 $ 19,258.56 Less: Payment (3%- Check #28643) 10/25/2023 $ 28,887.84 TOTAL $ 0.00

5. In accordance with adopted City Policy, security funds may be released for each category of improvements, as per Engineer's cost estimates for $556,715.00 (attached as Exhibit "A"), as approved by Public Works Director/City Engineer and accepted by the City Council.

6. The DEVELOPER(S) shall install improvements in accordance with the requirements of the City of Los Banos Municipal Code, the Standard Specifications of the City of Los Banos, the approved Subdivision Improvements and Grading Plans and the Conditions of Approval of Vesting Tentative Tract Map 201501 Southpointe at Regency Park Phase 10. All public improvements and utilities must be installed prior to occupancy of units.

7. In the event that the DEVELOPER(S) shall damage, destroy, or tear up any existing improvements, DEVELOPER(S) agree to repair or replace such destroyed or damaged improvements at their cost whenever such damage shall occur.

8. Street lights shall be furnished and installed by the DEVELOPER(S). It is solely the DEVELOPER(S) responsibility to coordinate the installation of street lights with the Pacific Gas and Electric Company and pay any and all fees necessary for their installation. At the time of acceptance, the street lights, including conductors to utility owner splice boxes, shall become the property of the CITY.

9. Any improvements not shown on the approved Improvement Plans which are to be dedicated to the CITY or which are to be placed within the proposed City right-of-way, including mailboxes, private and utility works, shall not be constructed without written approval from the CITY. It shall be the DEVELOPER(S) responsibility to ensure that mailboxes for use by the U.S.

Postal Service are available for residents at the time of occupancy; installation to be per plans approved by the Postmaster and the CITY.

10. All earthwork and construction shall meet the requirements and recommendations of the Soils Report, the Amended Soils Report for the Project and the adopted Improvement Standards and Specifications of the City. The DEVELOPER(S) shall, at their expense, provide a Soils Engineer whose responsibility includes the professional inspection and approval concerning the preparation of ground to receive fills, excavation and backfill operations, stability of all finished Subdivision Improvement Agreement 3 FM#2015-0l
Southpointe at Regency Park, Phase I 0
37 slopes, and testing for required compaction. Prior to the issuance of structural permits and prior to occupancy release, the Soils Engineer shall certify, in writing, that all earthwork including trench backfill meets the requirements and recommendations of the Soils Report and the adopted Improvement Standards and Specifications of the City.

11. Neither the CITY nor any of its officers or agents shall be liable to DEVELOPER(S) or their contractors for any error or omission arising out of or in connection with any work to be performed under this AGREEMENT. During the progress of the work, if it becomes necessary to modify the design because of errors or omissions on the plans or unforeseen conditions which render a portion of the project inoperable, unsafe, or prohibits a part of the project from performing satisfactorily in the opinion of the CITY, the plans shall be modified in accordance with the recommendations of the CITY. The DEVELOPER(S) shall be responsible for all costs incurred in revising the plans and performing the work in accordance with the modified plans.

12. The Improvement Plans may be modified upon approval by the CITY at no cost to the CITY.

13. The CITY shall not be liable to the DEVELOPER(S) or to any other person, firm, or corporation whatsoever, for any injury or damage that may result to any person or property by or from any cause whatsoever in, on, or about the subdivision of said land covered by this AGREEMENT, or any part thereof.

14. The DEVELOPER(S) hereby release and agree to indemnify and hold the CITY harmless from and against any and all injuries to and deaths of persons and injuries to property, and all claims, demands, costs, loss, damage, and liability, howsoever the same may be caused and whensoever the same may appear, resulting directly or indirectly from the performance or nonperformance of any or all work to be done in and upon the street rights-of-way in said subdivision and upon the premises adjacent thereto pursuant to this AGREEMENT, and also from any and all injuries to and deaths of persons and injuries to property or other interests, and all claims, demands, costs, loss, damage, and liability, howsoever the same may be caused and whensoever the same may appear, either directly or indirectly made or suffered by the DEVELOPER(S), the DEVELOPER(S) agents, employees, and subcontractors, while engaged in the performance of said work.

15. The DEVELOPER(S) agree that the use for any purpose and by any persons of any and all of the improvements herein before specified, shall be at the sole and exclusive risk of the DEVELOPER(S) at all times prior to final acceptance by the CITY of the completed improvements. Thereon and therein; provided, that acceptance by the CITY shall in no way eliminate or lessen any of DEVELOPER(S) obligations and undertakings contained in this AGREEMENT. The issuance of any occupancy permits by the CITY for dwellings located within Subdivision Improvement Agreement 4 FM#2015-0l
Southpointe at Regency Park, Phase I 0
38 said subdivision shall not be construed in any manner to constitute an acceptance and approval of any or all of the improvements in said subdivision.

16. It is mutually agreed by the parties hereto that the Public Works Director/City Engineer shall have the right to reject any or all of the work to be performed under this AGREEMENT if such work does not conform with the plans and specifications mentioned herein or the ordinances of the CITY. Reinspection of corrected work shall be at the expense of the DEVELOPER(S). The cost of such reinspection is not included in the Engineering and Inspection Fee described in Paragraph 4 of this AGREEMENT. Any damage to the sewer system, utilities, concrete work, or street paving that occurs after installation shall be repaired by the DEVELOPER(S) to the satisfaction of the Public Works Director/City Engineer by the DEVELOPER(S) before release of bond or final acceptance of completed work.

17. DEVELOPER(S) shall provide for adequate erosion control as determined by the Public Works Director/City Engineer on individual lots and from exterior property draining into the area of the subdivision, to protect the public rights-of-way and improvements. Erosion control on individual lots shall continue until such a time as front and street side yard landscaping is installed.

18. Without limiting the foregoing, DEVELOPER(S) warrant and guarantee materials used and workmanship performed on said work for a period of one (I) year after completion and acceptance thereofby the City Council, or the Public Works Director/City Engineer.

19. Upon completion of the improvements, specified herein the DEVELOPER(S) shall file a Notice of Completion with Merced County and submit to the City "As Built" drawings on mylar, of the improvements. The Notice of Completion shall be filed no later than thirty-five (35) days prior to consideration for acceptance of the improvements by the City Council. As part of the request for acceptance of improvements, the DEVELOPER(S) shall submit a title report encompassing each of the parcels within the Subdivision which discloses all liens or claims which may have been recorded in or prior to thirty-one (31) days following the date ofrecordation of the Notice of Completion. If any liens or claims are thus revealed, the DEVELOPER(S) shall either remove the liens and claims and submit an updated title report prior to acceptance of the Subdivision by the CITY, or shall enter into an agreement with the CITY that provides to the satisfaction of the CITY a method for the removal of such liens and claims at no cost to the CITY.

20. It is hereby mutually covenanted and agreed by the parties hereto that DEVELOPER(S) contractors are not agents of the CITY and that the contractors' relations to CITY, if any, are those of independent contractors.

21. That the applicant furnish the CITY with a reproducible 8 1/2" x 11" map of the Final Map of this development prior to issuance of permits.

Subdivision Improvement Agreement 5 FM#2015-0l
Southpointe at Regency Park, Phase 10
39 22. DEVELOPER(S) shall comply with all applicable original or amended Conditions of Approval of Vesting Tentative Tract Map #2015-01, prior to acceptance of public improvements or final of any housing units.

23. No work shall commence under the terms of this AGREEMENT prior to all of the following being completed: deposit of improvement security per City Council resolution; issuance of a Subdivision Improvements grading permit other than rough grading and site preparation; and payment of all required development fees.

24. All costs for engineering and inspection services which exceed the 5% fee specified above will be invoiced to the DEVELOPER(S) and must be paid in full prior to acceptance of the subject improvements by the CITY.

25. If construction of improvements has not begun within one (1) year from the date of this AGREEMENT, then prior to commencement of work the Public Works Director/City Engineer shall review the improvement plans and determine if revisions are required. In any case, a new engineer's cost estimate shall be submitted by the applicant to the Public Works Director/City Engineer. The applicant shall be responsible for any modification to the plans required by the Public Works Director/City Engineer and shall pay all plan check fees plus the difference in inspection fees due based on the new cost estimate.

26. The DEVELOPER(S) acknowledge the requirement to comply with the environmental mitigation measures for Vesting Tentative Tract Map #2015-01 and the conditions of approval for said tentative map, (attached herein as Exhibit 'B'), in the development of this Subdivision.

27. The terms of this AGREEMENT are not intended to, nor do they, relieve the DEVELOPER(S) of any conditions of approval, compliance with City Standards or compliance with mitigation measures of adopted environmental documents, the compliance with which may be placed as a condition of permit issuance or occupancy.

28. Time is of the essence of this AGREEMENT. It is agreed that the provisions of this AGREEMENT shall apply to and bind the heirs, executors, administrators, successors, devisees, and assignees of the respective parties hereto.

Subdivision Improvement Agreement 6 FM#2015-0l
Southpointe at Regency Park, Phase I 0
40 IN WITNESS WHEREOF, the parties have executed these presents or caused the same to be executed by the officers thereunto duly authorized on the date and year in this AGREEMENT first above written.

ATTEST:

Lucille L. Mallonee
City Clerk
City of Los Banos
Signatures need to be notarized.

Attach a Notary Acknowledgement.

Subdivision Improvement Agreement 7

PARTIES OF THE FIRST PART

CITY OF LOS BANOS
A Municipal Corporation
Paul Llanez
Mayor
City of Los Banos

PARTIESOFTHESECONDPART
FM#2015-0l
Southpointe at Regency Park, Phase 10
41 ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

State of California d
County of Merce
On October 26, 2023 before me, Regina A. Robles, Notary Public (insert name and title of the officer)
personally appeared _ G_r_e_g_H_o_st_e_tl_e_r ____________________ _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
n
~) -J-...

Signature __,_\ c. __ c:_>1...., ___ 1]_..,/_ - _ () _ __ _ 'S (Seal)
········
REGINAA. ROBLES 1
Notary Public • Callfornla :

Merced County s
Commission # 2345695 -
y Comm. Expires Feb 8, 2025
42 Recording Requested By:

City of Los Banos
And When Recorded Mail to:

Lucille L. Mallonee, City Clerk
City of Los Banos
520 J Street
Los Banos CA 93635 S ace above this line for Recorder's use.

SUBDMSION IMPROVEMENT AGREEMENT
THIS AGREEMENT made this 15th day of 2023,between Stonefield Home; Inc., a California Corporation, Parties of the First Part, hereinafter designated and called "DEVELOPER(S)", and the CITY OF LOS BANOS, a municipal corporation, the Parties of the Second Part, hereinafter designated and called "CITY".

SUBDNISION AGREEMENT

1. That the CITY has fixed and does fix the time within which DEVELOPER(S) shall do and perform the work and improvements hereinafter specified and at such time during this period as 43 designated by the Public Works Director/City Engineer of the CITY, but no later than the 15th day of November 2025 with the said provision that this time may be extended by consent of the City Council, and that the DEVELOPER(S) will, within the period of time stated herein above in this paragraph stated and fixed, do or cause to be done and performed, the following described work and improvements,(as detailed in attached Exhibit A) all at their own cost and expense, to the satisfaction of the Public Works Director/City Engineer in accord with the approved subdivision improvement plans and existing City Policies and adopted Standards, including all costs of inspection, to-wit;
IMPROVEMENTS:

1. SITE PREPARATION $ 68,869.90

2. SEWER $ 115,060.00

3. STORM $ 92,623.00

4. WATER $ 132,160.00

5. PAVEMENT $ 223,302.50

6. CONCRETE $ 290,912.50

7. ELECTROLIERS $ 30,000.00

8. MISCELLANEOUS $ 10,000.00
TOTAL Cost of Construction and/or $ 962,927.90
Installation oflmprovements
CONTINGENCIES AT 10% $ 96,292.79
TOTAL $ 1,059,220.69

2. The DEVELOPER(S) has not completed the following portion of improvements:

STREET IMPROVEMENTS

CONCRETE

ELECTROLIERS

MISCELLANEOUS

REMAINING TOTAL
$ 223,302.50
$ 290,912.50
$ 30,000.00
$ 12,000.00
$ 556,715.00

Subdivision Improvement Agreement 2 FM#2015-0l
Southpointe at Regency Park, Phase 10
44 4. The DEVELOPER(S) agrees to pay the following fees at the time of signing the AGREEMENT less any amount previously paid.

Postal Service are available for residents at the time of occupancy; installation to be per plans approved by the Postmaster and the CITY.

10. All earthwork and construction shall meet the requirements and recommendations of the Soils Report, the Amended Soils Report for the Project and the adopted Improvement Standards and Specifications of the City. The DEVELOPER(S) shall, at their expense, provide a Soils Engineer whose responsibility includes the professional inspection and approval concerning the preparation of ground to receive fills, excavation and backfill operations, stability of all finished Subdivision Improvement Agreement 3 FM#2015-0l
Southpointe at Regency Park, Phase I 0
45 slopes, and testing for required compaction. Prior to the issuance of structural permits and prior to occupancy release, the Soils Engineer shall certify, in writing, that all earthwork including trench backfill meets the requirements and recommendations of the Soils Report and the adopted Improvement Standards and Specifications of the City.

12. The Improvement Plans may be modified upon approval by the CITY at no cost to the CITY.

15. The DEVELOPER(S) agree that the use for any purpose and by any persons of any and all of the improvements herein before specified, shall be at the sole and exclusive risk of the DEVELOPER(S) at all times prior to final acceptance by the CITY of the completed improvements. Thereon and therein; provided, that acceptance by the CITY shall in no way eliminate or lessen any of DEVELOPER(S) obligations and undertakings contained in this AGREEMENT. The issuance of any occupancy permits by the CITY for dwellings located within Subdivision Improvement Agreement 4 FM#2015-0l
Southpointe at Regency Park, Phase I 0
46 said subdivision shall not be construed in any manner to constitute an acceptance and approval of any or all of the improvements in said subdivision.

18. Without limiting the foregoing, DEVELOPER(S) warrant and guarantee materials used and workmanship performed on said work for a period of one (1) year after completion and acceptance thereofby the City Council, or the Public Works Director/City Engineer.

19. Upon completion of the improvements, specified herein the DEVELOPER(S) shall file a Notice of Completion with Merced County and submit to the City "As Built" drawings on mylar, of the improvements. The Notice of Completion shall be filed no later than thirty-five (35) days prior to consideration for acceptance of the improvements by the City Council. As part of the request for acceptance of improvements, the DEVELOPER(S) shall submit a title report encompassing each of the parcels within the Subdivision which discloses all liens or claims which may have been recorded in or prior to thirty-one (31) days following the date of recordation of the Notice of Completion. If any liens or claims are thus revealed, the DEVELOPER(S) shall either remove the liens and claims and submit an updated title report prior to acceptance of the Subdivision by the CITY, or shall enter into an agreement with the CITY that provides to the satisfaction of the CITY a method for the removal of such liens and claims at no cost to the CITY.

21. That the applicant furnish the CITY with a reproducible 8 1/2" x 11" map of the Final Map of this development prior to issuance of permits.

Subdivision Improvement Agreement 5 FM#2015-0l
Southpointe at Regency Park, Phase I 0
47 22. DEVELOPER(S) shall comply with all applicable original or amended Conditions of Approval of Vesting Tentative Tract Map #2015-01, prior to acceptance of public improvements or final of any housing units.

25. If construction of improvements has not begun within one (I) year from the date of this AGREEMENT, then prior to commencement of work the Public Works Director/City Engineer shall review the improvement plans and determine if revisions are required. In any case, a new engineer's cost estimate shall be submitted by the applicant to the Public Works Director/City Engineer. The applicant shall be responsible for any modification to the plans required by the Public Works Director/City Engineer and shall pay all plan check fees plus the difference in inspection fees due based on the new cost estimate.

Subdivision Improvement Agreement 6 FM#2015-0l
Southpointe at Regency Park, Phase 10
48 IN WITNESS WHEREOF, the parties have executed these presents or caused the same to be executed by the officers thereunto duly authorized on the date and year in this AGREEMENT first above written.

ATTEST:

Lucille L. Mallonee
City Clerk
City of Los Banos
Signatures need to be notarized.

Attach a Notary Acknowledgement.

Subdivision Improvement Agreement

PARTIES OF THE FIRST PART

CITY OF LOS BANOS
A Municipal Corporation
Paul Llanez
Mayor
City of Los Banos

PARTIESOFTHESECONDPART
7 FM#2015-0l
Southpointe at Regency Park, Phase I 0
49 ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

State of California d
County of Merce
on October 26, 2023 before me, Regina A. Robles, Notary Public (insert name and title of the officer)
personally appeared _G_r_e_g_H_o_s_t_et_le_r ___________________ _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
(\
Signature \2- ~ \ L / {Seal)
........ f
REGINA A. ROBLES
, Notary Public • California :

Merced County s::

Commission# 2345695 -
My Comm. Expires Feb 8, 2025
50 RK

ITEM DESCRIPTION
A. CONCRETE

1. 611 VERTICAL CURB & GUTTER

2. HANDICAP RAMP (LABOR ONLY)

3. SIDEWALK (INCLUDING RETURNS)

4. RESIDENTIAL DRIVEWAY
B. PAVEMENT

1. 0.21' AC/ 0.54' AB/ 0.50' ASB

2. MONUMENT WELL
C. ELECTROLIERS

1. 150W STREET LIGHTS
D. MISCELLANEOUS

1. STRIPING AND SIGNAGE

3. EROSION CONTROL
NOTE:

CIVIL ~NGINEERING & LAND SURVEYING 1
915 17th Street• Modesto CA 95354 • 209.548.9300 JOB #1 00025
' October 9, 2023

ENGINEERS BOND ESTIMATE
FOR

SOUTHPOINTE AT REGENCY PARK
PHASE 10 - 79 LOTS

LOS BANOS, CA
UNIT QUAN.

LF 5,863
EA 10
SF 37,341
EA 79

SUB-TOTAL
SF 88,481
EA 7

SUB-TOTAL
EA 12

SUB-TOTAL
LS
LS

SUB-TOTAL

UNIT PRICE
$13.00
$500.00
$3.50
$1,000.00
$2.50
$300.00
$2,500.00
$5,000.00
$7,500.00
CONSTRUCTION SUB-TOTAL============>
10% CONTINGENCY===========>
CONSTRUCTION TOTAL=========>
AMOUNT
$76,219.00
$5,000.00
$130,693.50
$79,000.00
$290,912.50
$221,202.50
$2,100.00
$223,302.50
$30,000.00
$30,000.00
$5,000.00
$7,500.00
$12,500.00
$556,715.00
$55,671 .50
$612,386.50

1. THE ABOVE DEVELOPMENT COST ESTIMATE DOES NOT INCLUDE LAND, ADJACENT RIGHT-OF-WAY, ' INTEREST, TAXES, COMMISSIONS, LEGAL FEES, ENGINEERING FEES, GEOTECHNICAL FEES, CITY FEES.

FEES CHARGED IN CONNECTION WITH A BUILDING PERMIT. PRICES REFLECT CURRENT NORMAL

CONSTRUCTION COSTS AND ARE SUBJECT TO CHANGE ONCE STREET IMPROVEMENT PLANS HAVE BEEN APPROVED.

PREPARED BY JS REVIEWED BY _____ _
K:100025\Estimates\Phase 1012023-10-09_Ph10 POPC
51 THIS PAGE IS INTENTIONALLY LEFT BLANK
52 EXHIBIT C
CONDITIONS OF APPROVAL FOR FINAL DEVELOPMENT PLAN #2015-01 -

SOUTHPOINTE AT REGENCY PARK
General:

1. All development shall be consistent with the Final Development Plan, reflecting any conditions of approval or amendments approved by the Los Banos City Council, which includes: the Vesting Tentative Tract Map, the land use type, pedestrian and vehicular access, architectural design, parks, open space, and recreation, public facilities, services, and infrastructure, and phasing plan.

2. Building Master Plans shall be consistent with the Final Development Plan and approved by the Community and Economic Development Department and Building Department prior to issuance of a building permit.

Lighting:

3. All street lighting shall be LED. The streetlights shall meet the illumination standards in the City Street Light standards. After Public Works inspection and approval, all street light electrical boxes shall be slurried per Public Works direction.

Architecture and Physical Design:

4. This project shall be subject to P-D (Planned Development) Design Standards as presented in the Final Development Plan.

5. The monotony of straight building lines shall be alleviated by varying the size of individual buildings, staggering . the front yard setbacks, varying exterior building materials and colors, articulating building facades, and utilizing extensive landscaping.

6. The variation in setbacks, unit placement, and mat~rials and colors shall be implemented in a random fashion with no apparent pattern, to avoid monotony.

7. The minimum front yard setback for front-loading garages shall be 20' and side-loading garages shall be 15'. The minimum setback to living areas shall be 15' from the front yard property line. The minimum front yard setback to porches shall be 1 O'.

8. The minimum side-yard setback for interior lots shall be 5', standard corner lots shall be 1 O', and reverse corner-lots shall be 15' from the property line.

9. The minimum rear-yard setback shall be 1 O' for single story units, and 20' for multi-story units.
7 53

10. The rear yard setback may be reduced by 2' to provide for stagger.

11. The typical architecture and plot plans set forth in the Final Development Plan are conceptually approved with this application. Plans submitted for building permits shall be consistent with these elevations in terms of style, material, and character.

12. To protect privacy, building placement that offsets side-facing second-story bedroom windows at adjacent houses shall be required.

13. Residential dwelling units shall not exceed 30 feet in height.

14. The developer shall provide entry monumentation and/or landscaping to provide for a neighborhood identity, substantially similar to that shown in the Final Development Plan.

15. If parking for model homes is to be provided in a temporary parking lot, such lot shall be approved by the Community and Economic Development Director as a commercial lot conforming with Los Banos Municipal Code section 9-

3.2009, and shall be removed within 60 days of the end of sales, if not intended to serve a permanent use.

Physical Amenities:

16. The developer shall provide decorative lighting as shown in the Final Development Plan.

17. Enhanced pedestrian treatments shall be used at the intersection of Overland Avenue and Place Road, such as, but not limited to stamped concrete as approved by the Community and Economic Development Director.

18. The developer shall install a six-foot high decorative masonry wall along Place Road and Ward Road within the non-access strip at the rear of private properties.

Parks and Landscaping:

19. Linear corridors shall be in conformance with the Final Development Plan, and in accordance with the designs shown therein.

20. Landscape plans shall emphasize deciduous shade tree plantings to the south and west of buildings.

21. Landscaping and site design shall substantially conform to the conceptual plans of the Final Development Plan.

22. The developer shall comply with the current development standards for basins and drains, to include all landscaping and related irrigation systems.

The applicant shall comply with the landscaping and irrigation requirements imposed by the Public Works Department.
8 54

23. A palette of locally native plants should be specified for landscaping within the park basin area adjacent to the San Luis Canal. The landscape plan shall be subject to review and approval by the Central California Irrigation District to ensure that the provisions of the landscape plan do not conflict with the District's on-going weed abatement program. The buffer shall be designed to include appropriate locally-obtained native grass, herb, and shrub species, such as arroyo willow (Salix lasiolepis), blue elderberry (Sambucus mexicana), mule fat (Baccharis salicifolia), and native grasses, and shall not include plantings of non-native, invasive plant species, such as yellow star thistle (Centaurea solstitalis), brooms (Genista spp.), pampas grass (Cortaderia spp.), and tamarisk (Tamarix spp.). The buffer area shall provide native vegetation adjacent to the San Luis Canal and the recreational pathway and provide a vegetative barrier to discourage human and domestic animals from disturbing the canal or its banks.

24. Landscape plans for each residential front yard shall utilize drought tolerant plantings. The developer shall be required to follow local and State mandates regarding water conservation and water efficiency. Once the City adopts a new water efficient landscape ordinance, the developer shall be required to follow the new ordinance requirements. Landscaping shall be installed prior to Certificate of Occupancy.

25. The developer shall include the following utilities in the park basin facility:
electrical, sewer connections, storm drainage, and water service.

26. Off-street parking shall be provided at the detention basin for a minimum of 1 O vehicles as approved by the Public Works Director.
9 55

THIS PAGE IS INTENTIONALLY LEFT BLANK
56 TO:

FROM:

DATE:

LOsBanos
At the Crossroads of California
Agenda Staff Report
Mayor & City Council Members
Josh Pinheiro, City Manager
November 15, 2023
SUBJECT: Employment Agreement for Parks & Recreation Director - Joseph R. Heim TYPE OF REPORT: Consent Agenda
Recommendation:

That the City Council approve a Resolution accepting and approving the Employment Agreement for Parks & Recreation Director Joseph R. Heim.

Discussion:

With approval of the 2023/2024 Fiscal Year Budget, the City authorized the job classification of Parks & Recreation Director in the newly created Parks & Recreation Department that was formerly part of the Public Works Department. Mr. Heim was appointed Interim Parks & Recreation Director on July 10, 2023 and has been performing in that capacity for the last four (4) months. The City has deemed Mr. Heim to be a qualified candidate for the Parks & Recreation Director position, for which Mr. Heim has been selected by the City Manager to be the City's next Parks & Recreation Director.

Pursuant to the City Manager's appointment authority under the Los Banos Municipal Code Section 2-3.115, the City Manager has evaluated Mr. Heim's knowledge, experience, administrative skills, and ability to serve as the City's Parks & Recreation Director, and has determined that Mr. Heim has the necessary education, experience, skills and expertise to serve as the City's Parks & Recreation Director.

Mr. Heim's Employment Agreement includes the following key provisions:
• Effective date: November 16, 2023
• Base salary: $132,000 ($11,000 per month)
• Medical / dental / vision / life insurance packages to the same extent as other exempt management employees hired after April 1, 2010; his original hire date with the City of Los Banos is September 10, 2018.
57 • Retirement: Contribute eight-point twenty-five percent (8.25%) of Employee's reportable wages to the California Public Employees' Retirement System (Cal PERS) for the 2% at age 62 formula.
• 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 twenty (120) hours of annual vacation leave each year of employment, accruing ten (10) hours a month, and accumulate a maximum of two-hundred forty (240) hours. Employee shall be entitled to any vacation buyback program applicable to other exempt management employees. • Education Incentive Pay: $225 per month for MA/MS
• 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.

As Parks & Recreation Director, Mr. Heim will be responsible to plan, organize, direct and review the activities and operations of parks and recreational activities; 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 $15,412 a month (salary and benefits).

Reviewed by:

B,~J~~~ce Director
Attachments:

Resolution/Employment Agreement
58 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 PARKS & RECREATION
DIRECTOR JOSEPH R. HEIM
WHEREAS, the City is in need of the services of a Parks & Recreation Director and the City has engaged in a screening process to identify the best qualified candidate to fill the Parks & Recreation Director position; and
WHEREAS, after conclusion of the process, the City Manager has selected Joseph R. Heim, Jr. as the City's next Parks & Recreation Director 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 Joseph R. Heim Jr.'s knowledge, experience, administrative skills, and ability to serve as the City's Parks & Recreation Director, and has determined that he has the necessary education, experience, skills and expertise to serve as the City's Parks & Recreation Director; and WHEREAS, the City desires to employ Joseph R. Heim, Jr. as the Parks & Recreation Director; and
WHEREAS, Joseph R. Heim, Jr. desires to accept the employment as Parks & Recreation Director; and
WHEREAS, the parties desire to enter into a written agreement setting forth the terms and conditions of Joseph R. Heim, Jr.'s employment as Parks & Recreation Director; and WHEREAS, the City Attorney has reviewed the Parks & Recreation Director 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 Joseph R. Heim, Jr. for the position of Parks & Recreation Director 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 Joseph R. Heim, Jr. to serve as Parks & Recreation Director 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 15th day of November 2023, by Council Member 59 __ 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
60 EXHIBIT A

CITY OF LOS BANOS

EMPLOYMENT AGREEMENT
Department Head - Parks & Recreation Director
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 Joseph R. Heim ("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 Parks & Recreation Director and the City has engaged in a screening process to identify the best-qualified candidate to fill the Parks & Recreation Director 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 Parks & Recreation Director, and has determined that the Employee has the necessary education, experience, skills and expertise to serve as the City's Parks & Recreation Director.

3. The City desires to employ Employee as the Parks & Recreation Director.

4. Employee desires to accept the employment as Parks & Recreation Director.

5. The parties desire to enter into a written agreement setting forth the terms and conditions of Employee's employment as Parks & Recreation Director.

AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows:

1. Appointment and Emplovment
The City Manager hereby appoints Employee to the position of Parks & Recreation Director 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 Parks & Recreation Director of the City of Los Banos. Employee accepts such appointment and employment pursuant to the terms of this Agreement.

2. Term ofEmplo ment
(a) This Agreement shall become effective as of November 16, 2023 and continue until terminated as provided for in this Agreement.

11.10.2023
61 3. Salruy and Benefits
(a) Salary: City agrees to pay Employee an annual base salary of $132,000 ($11,000 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 16, 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 after April 1, 2010 [Employee original hire date with the City of Los Banos is September 10, 2018]. 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: For Fiscal Year 2023/2024, Employee must contribute eight point two-five percent (8.25%) of Employee's reportable wages to the California Public Employees' Retirement System (CalPERS) for the 2% at age 62 formula. This percentage is subject to change each fiscal year in accordance with CalPERS actuarial and reporting requirements. 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/Retirement Health Savings Plan. 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 September JO, 2018]. (See, Section 5005 E Los Banos Personnel Policy)
2 11.10.2023
62 ( 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). (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 ten (10.00) hours a month, and accumulate a maximum of two hundred forty (240) 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).

After completing fifteen (15) years of service, Employee shall accrue one-hundred sixty (160) hours of annual vacation leave each year of employment, accruing thirteen point thirtysix (13.36) hours a month, and accumulate a maximum of three hundred twenty (320) hours. (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 MA/MS
(9) Bilingual Incentive Pay: 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 1st, 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. 3 11.10.2023
63 (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) 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 Parks & Recreation Director and perform those duties of the Parks & Recreation Director under the direction of the City Manager as set forth in the Parks & Recreation Director 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 Parks & Recreation Director 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 Parks & Recreation Director 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.

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 4 11.10.2023
64 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 Parks & Recreation Director is an "atwill" 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. (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 Parks & Recreation Director, 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 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 5 11.10.2023
65 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 of responsibilities, 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 of this 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 duties. Upon termination for cause, Employee will have no recourse under this Agreement or any administrative procedure for purposes of challenging the termination action. (f) 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 ifhe is subsequently convicted of a crime involving the abuse of his office or position.
6 11.10.2023
66 (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 actual receipt. Mailed notices will be deemed communicated and received as of five (5) calendar days following the date of mailing of the notice.

CITY:

EMPLOYEE:

11.10.2023
City of Los Banos
Attn: City Clerk
520 J Street
Los Banos, CA 93635
Joseph R. Heim
Los Banos CA 93635
7 67

11. Entire Agreement
This Agreement represents the entire agreement between the parties and supersedes any and all agreements, either oral or in writing, between the parties with respect to the employment of Employee by City and contains all of the covenants and agreements between the parties with respect to that employment. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by either party, or anyone acting on behalf of either party, which is not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding on either party.

12. Modifications
Any modifications to this Agreement shall be effective only if in writing and signed by both the parties hereto.

13. Effect of Waiver
The failure of either party to insist on strict compliance with any of the terms, covenants, or conditions of this Agreement by the other party shall not be deemed a waiver of that term, covenant or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times.

14. Partial Invaliditv
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

15. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California in full force and effect as of the date of execution and the Parties agree that venue shall be in Merced County, California.

16. Attomev'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. 8 11.10.2023
68 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.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first herein written above.

Dated:

ATTEST:

Lucille L. Mallonee, City Clerk
APPROVED AS TO FORM:

William A. Vaughn, City Attorney

11.10.2023
"EMPLOYEE"
Joseph R. Heim
"CITY"
Josh Pinheiro, City Manager
9 69

EXHIBIT A

CITY OF LOS BANOS
Job Description

POSITION TITLE

DEPARTMENT

EMPLOYMENT CATEGORY

EMPLOYMENT LEVEL

DEFINITION

PARKS & RECREATION DIRECTOR

PARKS & RECREATION
EXEMPT

MANAGEMENT
To plan, organize, direct and review the activities and operations of parks and recreational activities; 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 management, supervisory, professional, technical, maintenance 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.
• Continuously monitor and evaluate the efficiency and effectiveness of programs and services, based on desired outcomes. Assess workloads. administrative support systems, and internal working relationships to identify opportunities for improvement. • 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.
• Be responsible for the development of assigned personnel to ensure high quality and proficient level of service for the department
• Administer safety program by developing, implementing, and maintaining all safety activities for the department.
• Answer questions and provide information to the public; investigate complaints and recommend corrective action as necessary to resolve complaints.

Parks & Recreation Director

Page 1 of 4 ends

70 • 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.
• Develop schedules and methods to accomplish assignments ensuring work is completed in a timely and efficient manner.
• Supervise and participate in the development and administration of the Parks & Recreation Department budget; direct the forecast of additional funds needed for staffing, equipment, materials and supplies; monitor and approve expenditures; implement mid-year adjustments.
• Plan, organize, direct and evaluate all operations relating to parks and recreational; including the design, operation, construction, maintenance and repair of associated facilities.
• Prepare and implement long-range planning for parks and recreational systems improvements and needs of the community.
• Assist in the preparation of a variety of studies and reports relating to current and long-range City capital improvement needs and develops specific proposals to meet them; provide technical assistance to staff.
• Advise on problems related to the operation, construction and maintenance of City parks facilities.
• Review plans, engineering reports and budget estimates prepared by subordinates, outside consultants and other City departments.
• Prepares composite reports from individual reports of subordinates. • Assist in the preparation of the Landscape and Lighting District Engineer Reports in coordination with other Departments.
• Evaluates parks and recreation needs and formulates short- and long-range plans to meet needs in all areas of responsibility.
• Direct the maintenance services for all recreation facilities to ensure the safety and security of users
• Supervises the review of private project development plans for compliance with codes, regulations, and standards adequacy of applications for permits and compliance with approved plans as it pertains to parks. • Assist with and negotiate with developers and other public agencies for dedication of land or fees for park purposes
• Assist with special projects such as tourism promotion and community marketing efforts.
• Provide advisory support to the Parks & Recreation Commission and the Tree Commission and act as liaison to other citizen committees, community agencies and governmental agencies to facilitate land conservation, park development and the delivery of recreation programs and services
• Adjusts errors and complaints.
• Perform other duties as assigned.

Parks & Recreation Director

Page 2 of 4 ends

71 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, including management of contractual services.
• Principles and practices of supervision, training, and personnel management. • Principles and practices of park maintenance and operations, horticulture and landscape maintenance.
• Principles and practices of recreational, senior services and related activity and program development and implementation.
• Personnel management principles and functions.

Ability to:
• Plan, direct and control the administration and operations of the Parks & Recreation Department.
• Organize and direct the Parks & Recreation Department activities. • 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, develop and evaluate personnel.
• 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 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.

Parks & Recreation Director

Page 3 of 4 ends

72 • Effectively oversee multiple projects simultaneously while managing project costs, resources and schedules.
• Evaluate facility development needs and programs.
• Research, analyze, and evaluate new service delivery methods and techniques. • Prepare, attend, and present staff reports at City Council, Commission, governmental agencies and community groups meetings.
• Organize, direct and implement comprehensive engineering programs.

MINIMUM QUALIFICATIONS
• Possession of a valid California Class C driver license. • Bachelor's degree from an accredited college or university in Recreation Administration, Public or Business Administration, or a related field. • Five (5) years of relatable job experience, with three (3) years of administrative experience and supervisory responsibility in the management of recreation facilities and multiple recreation and community programs. 11/23
Parks & Recreation Director
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74 LOsBanos
At the Cn>ssroads of California
Agenda Staff Report
TO: Mayor Llanez and City Council Members
FROM:

DATE:

Stacy Souza Elms, Community and Economic Development Director ~t,, November 15, 2023
TYPE OF REPORT: Public Hearing
SUBJECT: Los Banos Zoning Map Update
Recommendation:

Staff is requesting the City Council waive the second reading and adopt Ordinance No. 1203 by title to amend the Los Banos Zoning Map in accordance with the Los Banos General Plan Update 2042.

Background:

On November 1, 2023, the Los Banos City Council waived the first reading and introduced by title Ordinance No. 1203 to amend the Los Banos Zoning Map.

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 1 75

2. Changes in the permitted uses or regulations on property within particular zones or citywide, commonly called "text amendments."
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.
2 76
All of these changes adopted in the General Plan Update have been carried forward into the Zoning Map for consistency.

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:

1. Ordinance

2. Proposed Zoning Map Update
3 77

THIS PAGE IS INTENTIONALLY LEFT BLANK
78 ORDINANCE NO. t 2-o ~

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. 79 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 80

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 El R ( 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 81
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 82
D CilyLimil - Highway Commercial
:: : :: Urban Growtt, Boundary (UGB) - Neighbomood Commercial r:::J Sphere of Influence (SOI) - Professional Office
- General Industrial Zoning Designations [ Light Industrial Low Density Residential - Par1< Medium Density Residential - Public Facility - High Density Residential - RailCorridor
- MixedUse [ No Zoning Data
General Commercial
~
I
Source: Merced County, 2019; City of Los Banos, 2023; PlaceWorks, 2023.

CITY OF LOS BANOS
(t)o 0.25 0.5 ZONING DESIGNATIONS (UPDATED 10/24/2023)
MIies
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84 LOsBanos
Agenda Staff Report
TO:

FROM:

Mayor and Council Members
Josh Pinheiro, City Manager
DATE: November 15, 2023
SUBJECT: Submission of Measure Converting the Offices of City Clerk and City Treasurer from Elected to Appointed Posts Pursuant to California Government Code §§ 36508-36510
TYPE OF REPORT: Regular Agenda
Recommendation:

Staff recommends that the City Council take the following actions:

Adopt Resolution __

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS

BANOS, CALIFORNIA, CALLING AND GIVING NOTICE OF A

SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
MARCH S, 2024, FOR THE SUBMISSION TO THE QUALIFIED VOTERS

OF THE CITY A MEASURE TO CONVERT THE OFFICES OF CITY

CLERK AND CITY TREASURER FROM ELECTED TO APPOINTED

OFFICES, AND REQUESTING THE BOARD OF SUPERVISORS OF

THE COUNTY OF MERCED, CALIFORNIA, TO PROVIDE FOR THE

CONSOLIDATION OF THE SPECIAL BALLOT MEASURE ELECTION

WITH THE STATEWIDE DIRECT PRIMARY ELECTION TO BE HELD
ON MARCH S, 2024, PURSUANT • TO SECTION 10403 OF THE
ELECTIONS CODE; AND SETTING RULES FOR ARGUMENTS AND

REBUTTALS FOR AND AGAINST SAID MEASURE
1 85
Background:

State law requires every general law city to have a City Clerk and a City Treasurer, who may be either elected by the voters or appointed by the City Council. Currently, both positions in Los Banos are elective offices, but neither has had a contested election in more than a decade, and in 2022 nobody filed to run for the office of Treasurer, resulting in an appointment to fill a vacancy in that office until 2024.

State law authorizes a city to change these posts from elected to appointive with the approval of the electorate. Staff is requesting the City Council consider whether to ask the Los Banos voters if the positions of City Clerk and City Treasurer should be changed from elected to appointed. A draft Resolution for consideration is included as an attachment to this staff report, should the Council decide to move forward with a ballot measure on the question.

Ballot Measure. The California Government Code addresses the election process for this ballot question for a general law city.
"Section 36508. At any municipal election, or a special election held for that purpose, the city council may submit to the electors the question whether the elective officers, or any of them except council members, shall be appointed by the city council; provided, however, that the city council shall not submit such question to the electors more often than once in an 11-month period. "Section 36509. The question shall be printed on the ballots used at the election substantially in the following form: 'Shall the offices of city clerk and city treasurer be appointive?'
The words 'yes' and 'no' shall be so printed on the ballots that the voters may express their choice.

The Council can propose a single measure to change both offices to appointive posts, or it can submit a separate measure for each office.

Elective vs. Appointive Clerk and Treasurer. The trend in California is increasingly towards appointing the offices of city clerk and city treasurer. As the legal responsibilities and professional expertise required to fulfill the duties of these positions have increased, elected City Clerks and Treasurers are being replaced by appointed professional staff with appropriate training and experience.

A 2016 survey conducted by Common Cause found that fewer than 1/4 of California's 482 cities elect their city clerks, and fewer than 1 /3 elect their city treasurers-a significant reduction from even just 20 years ago. Four of the six cities in Merced County-Merced, Gustine, Livingston, and Dos Palos-currently appoint their city clerks and treasurers.

Ballot Measure Timing. The resolution calling for the measure to be submitted at the March 2024 statewide primary election must be adopted at least 88 days prior to the 2 86
election, which would be by December 8, 2023. The last scheduled City Council meeting before the 88-day deadline is December 6, 2023.

Discussion:

If the resolution is approved by the City Council, the following ballot question would be placed on the March 5, 2024, ballot:

APPOINTED CITY CLERK AND I
TREASURER. Shall the offices of city clerk and -
1 -
city treasurer be appointive?
YES
NO
(+)
(+)
The ballot measure to convert these offices to appointed posts shall be approved if a majority of the votes cast on the measure are affirmative.

Pursuant to state law, the City Council would appoint a clerk and treasurer upon the expiration of the current terms of the persons now in office, or upon a vacancy in the office. The appointees would serve at the pleasure of the Council. Pursuant to Government Code section 36510, the clerk and treasurer so appointed are not required to be residents or electors in the City. The City Council may by ordinance vest in the city manager its authority to appoint such officer.

The City's special legal counsel Christopher Skinnell from Nielsen Merksamer Parrinello Gross & Leoni, LLP, will be present at the meeting to answer any questions.

Fiscal Impact:

The reimbursable cost to Merced County related to conducting the election for this measure in consolidation with the March primary is anticipated to be approximately $5,439.54 (based on an estimate received from the Merced County Elections Department of $16,318.62 for three measures).

Reviewed by:

Brent Kuhn,
Interim Finance Director
Attachments:

Proposed Resolution
3 I
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88 RESOLUTION NO. - --

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS

BANOS, CALIFORNIA, CALLING AND GIVING NOTICE OF A

SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
MARCH 5, 2024, FOR THE SUBMISSION TO THE QUALIFIED VOTERS

OF THE CITY A MEASURE TO CONVERT THE OFFICES OF CITY

CLERK AND CITY TREASURER FROM ELECTED TO APPOINTED

OFFICES, AND REQUESTING THE BOARD OF SUPERVISORS OF

THE COUNTY OF MERCED, CALIFORNIA, TO PROVIDE FOR THE

CONSOLIDATION OF THE SPECIAL BALLOT MEASURE ELECTION

WITH THE STATEWIDE DIRECT PRIMARY ELECTION TO BE HELD
ON MARCH 5, 2024, PURSUANT TO SECTION 10403 OF THE
ELECTIONS CODE; AND SETTING RULES FOR ARGUMENTS AND

REBUTTALS FOR AND AGAINST SAID MEASURE
WHEREAS, State law requires that every general law city have the positions of City Clerk and City Treasurer; and
WHEREAS, by default these offices are filled by election; and WHEREAS, in Los Banos the offices of the City Clerk and the City Treasurer are presently filled by election; and
WHEREAS, neither office has had a contested election in at least a decade; and WHEREAS, the City nevertheless incurs costs related to opening the offices for election every four years; and
WHEREAS, Section 36508 of the California Government Code provides that the City Council of a general law city may submit to the electors the question of whether any officers of the City, except council persons, shall be appointed by the City Council; and WHEREAS, the trend in California is toward appointment of these positions; and WHEREAS, A 2016 survey conducted by Common Cause found that fewer than 1/4 of California's 482 cities elect their city clerks, and fewer than 1/3 elect their city treasurers; and WHEREAS, four of the six cities in Merced County-Merced, Gustine, Livingston, and Dos Palos-already appoint their city clerks and treasurers; and WHEREAS, the administration of local government has become more complex over time, increasingly requiring specialized skills and ever-greater professional training, education, experience, and certification; and
WHEREAS, city clerks now require a high level of expertise and training with knowledge of local and state laws relating to the Public Records Act, Brown Act, Political Reform Act, Municipal Elections, and the Municipal Code, as well as document management 1 89
and other systems, and the public deserves the duties of the City Clerk to be performed professionally and efficiently; and
WHEREAS, city treasurers are responsible for investing and safekeeping City funds, requiring a person who possesses technical experience and knowledge of public investments, and meaning that individuals elected in the future could cause serious financial problems if an unqualified individual were elected to perform the city treasurer's responsibilities; and WHEREAS, candidates to serve as an elective city clerk or city treasurer are limited to residents and registered voters within the city itself; and WHEREAS, the most qualified candidates may not always reside within the City limits; and
WHEREAS, pursuant to state law that residency restriction would not apply to these offices if appointed; and
WHEREAS, the Council supports the conversion of these two offices to appointed offices;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby declare, determine, and order as follows:

SECTION 1. Recitals. The City Council of the City hereby finds and determines that the foregoing recitals are true and correct, and they are incorporated herein and by this reference made an operative part hereof.

SECTION 2. Submission of Ballot Measure. Pursuant to California Elections Code section 9222, a special municipal election is hereby called and ordered to be held in the City on Tuesday, March 5, 2024, at which election there shall be submitted to the qualified voters the measure that, if approved, would convert the offices of City Clerk and City Treasurer to appointed offices pursuant to Government Code sections 36508-36510.

SECTION 3. Ballot Question. The City Council hereby orders submitted to the voters on the ballot for Tuesday, March 5, 2024, the following ballot question:

APPOINTED CITY CLERK AND YES (+)
TREASURER. Shall the offices of city clerk and
city treasurer be appointive? NO (+)
SECTION 4. The Ordinance. The complete text of the Ordinance to be approved by the voters is attached hereto as Exhibit "A". The City Council approves the form and content of the Ordinance and approves submitting the Ordinance to the voters at the Tuesday, March 5, 2024, election.
2 90
SECTION 5. Election Procedures and Consolidation.

A. Pursuant to California Elections Code section 10400, et seq., the County Board of Supervisors is hereby requested to consent and agree to the consolidation of this special election with the statewide primary election to be held on March 5, 2024.

B. Pursuant to California Elections Code section 10002, the City requests that the Board of Supervisors permit the County Registrar of Voters to render services to the City relating to this election.

C. The consolidated election shall be held and conducted, elections officers appointed, voting precincts designated, ballots printed, polls opened and closed, ballots counted and returned, returns canvassed, results declared, certificates of election issued, and all other proceedings incidental to and connected with the elections shall be regulated and done by the County Registrar of Voters in accordance with the provisions of law regulating a regularly scheduled consolidated election. The Board of Supervisors is hereby requested to issue all officers of the County charged with duties pertaining to the March 5, 2024, election instructions to take any and all steps necessary for the holding of a consolidated election pursuant to California Elections Code sections 10400-10418.

D. The ballots to be used at the election shall be 'in form and content as required by law.

E. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding elections in the City of Los Banos that are consolidated with any other elections.

G. Notice of the time and place of holding the election is given and the City Clerk is authorized, instructed, and directed to give further or additional notice of the election, in time, form, and manner as required by law.

SECTION 6. Impartial Analysis. The City Council hereby directs the City Attorney to prepare an impartial analysis of the measure in accordance with section 9280 of the Elections Code showing the effect of the measure on existing law and the operation of the measure.

SECTION 7. Ballot Arguments and Rebuttals.

A. Arguments in favor of or against the ballot measure and rebuttal arguments may be submitted in accordance with sections 9282-9285 of the Elections Code of the State of California. The provisions of said sections 9282-9285 are hereby adopted and shall apply to this election.
3 91
B. Pursuant to Elections Code sections 9286(b) and 10418, the deadlines for submitting these arguments shall be those prescribed by the Merced County Elections Department in connection with the conduct of the statewide primary election.

C. Pursuant to California Elections Code section 9282(b ), the City Council may approve and submit a ballot argument in support of the adoption of the proposed ordinance.

SECTION 8. Delivery of Resolution to Merced County. The City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the Election Department for the County of Merced no later than 88 days prior to the March 5, 2024, statewide primary election.

SECTION 9. Notice. The City Clerk is hereby directed to cause notice of the measure to be published once in the Westside Express or the Merced Sun-Star, the official newspapers of the City, in accordance with section 12111 of Elections Code and section 6061 and the Government Code of the State of California.

SECTION 10. Full Text of Measure. The full text of the ordinance contained in Exhibit "A," adding Los Banos Municipal Code Title 2, Chapter 3, Articles 5 and 6, and entitled "AN

ORDINANCE OF THE VOTERS OF THE CITY OF LOS BANOS TO AMEND THE

MUNICIPAL CODE TO MAKE THE OFFICES OF CITY CLERK AND CITY TREASURER APPOINTIVE OFFICES, SUBJECT TO APPROVAL BY A VOTE OF THE PEOPLE," will be made available at no cost, at the Los Banos City Clerk's office or on the City of Los Banos's website at www.losbanos.org. A statement about how to obtain the full text of the ordinance will be included in the voter information pamphlet below the impartial analysis.

SECTION 11. Additional Costs. The City of Los Banos recognizes that additional costs will be incurred by the County by reason of the requested consolidation and agrees to reimburse the County for such costs.

SECTION 12. CEQA. The City Council hereby finds and determines that the ballot measure relates to organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment, and therefore is not a project within the City of Los Banos meaning of the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, section 15378(b)(5).

SECTION 13. Certification. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions, and to take other appropriate actions necessary to ensure the placement of said proposition before the voters of the City of Los Banos at said special election.

SECTION 14. Corrections. The City Clerk and the City Attorney are authorized to make any typographical, clerical, non-substantive corrections or additions to this Resolution as may be deemed necessary by the Merced County Registrar of Voters SECTION 15. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Resolution which can be given effect without the invalid provision or 4 92
application, and to this end the provisions of this Resolution are severable. The City Council hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof.

SECTION 16. Effective Date of Resolution. This Resolution shall take effect immediately upon its adoption.

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:

ABSTAIN:

APPROVED:

Paul Llanez, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
5 93

THIS PAGE IS INTENTIONALLY LEFT BLANK
94 EXHIBIT "A"
ORDINANCE NO.

AN ORDINANCE OF THE VOTERS OF THE CITY OF LOS BANOS TO

AMEND THE MUNICIPAL CODE TO MAKE THE OFFICES OF CITY

CLERK AND CITY TREASURER APPOINTIVE OFFICES, SUBJECT TO

APPROVAL BY A VOTE OF THE PEOPLE

THE PEOPLE OF THE CITY OF LOS BANOS DO HEREBY ORDAIN AS FOLLOWS:

SECTION 1. PURPOSE.

WHEREAS, State law requires that every general law city have the positions of City Clerk and City Treasurer; and
WHEREAS, by default these offices are filled by election; and WHEREAS, in Los Banos the offices of the City Clerk and the City Treasurer are presently filled by election; and
WHEREAS, neither office has had a contested election in at least a decade; and WHEREAS, the City nevertheless incurs costs related to opening the offices for election every four years; and
WHEREAS, section 36508 of the California Government Code provides that the City Council of a general law city may submit to the electors the question of whether any officers of the City, except council persons, shall be appointed by the City Council; and WHEREAS, the trend in California is toward appointment of the positions of city clerk and city treasurer; and
WHEREAS, A 2016 survey conducted by Common Cause found that fewer than 1/4 of California's 482 cities elect their city clerks, and fewer than 1/3 elect their city treasurers; and WHEREAS, four of the six cities in Merced County-Merced, Gustine, Livingston, and Dos Palos-already appoint their city clerks and treasurers; and WHEREAS, the administration of local government has become more complex over time, increasingly requiring specialized skills and ever-greater professional training, education, experience, and certification; and
WHEREAS, city clerks now require a high level of expertise and training with knowledge of local and state laws relating to the Public Records Act, Brown Act, Political Reform Act, Municipal Elections, and the Municipal Code, as well as document management 1 95
and other technological systems, and the public deserves the duties of the City Clerk to be performed professionally and efficiently; and
WHEREAS, city treasurers are responsible for investing and safekeeping City funds, requiring a person who possesses technical experience and knowledge of public investments, and meaning that individuals elected in the future could cause serious financial problems if an unqualified individual were elected to perform the city treasurer's responsibilities; and WHEREAS, pursuant to state law candidates to serve as an elective city clerk or city treasurer are limited to residents and registered voters within the city itself; and WHEREAS, the most qualified candidates may not always reside within the City limits; and
WHEREAS, pursuant to state law that residency restriction would not apply to these offices if appointed; and
WHEREAS, the Council supports the conversion of these two offices to appointed offices;
WHEREAS, the purpose of this measure is to convert the offices of city clerk and city treasurer to appointed offices in accordance with the terms of the Government Code.

SECTION 2. AMENDMENT TO CODE REGARDING APPOINTMENT OF CITY CLERK.

Title 2, Chapter 3, of the Los Banos Municipal Code is amended to add Article 5 thereto, to read as follows:

Article 5. City Clerk.

Sec. 2-3.501 City Clerk - Appointment.

Pursuant to California Government Code sections 36508 to 36510, the city clerk shall be appointed by and serve at the pleasure of the City Council. The City Council shall appoint a clerk upon the expiration of the current term of the clerk now in office, or upon a vacancy in the office. Pursuant to Government Code section 36510, the clerk so appointed is not required to be a resident or elector in the City. As provided in Government Code section 36510, the City Council may by ordinance vest in the city manager its authority to appoint such officer.

SECTION 3. AMENDMENT TO CODE REGARDING APPOINTMENT OF CITY TREASURER.

Title 2, Chapter 3, of the Los Banos Municipal Code is amended to add Article 6 thereto, to read as follows:
2 96
Article 6. City Treasurer.

Sec. 2-3.601 City Treasurer - Appointment.

Pursuant to California Government Code sections 36508 to 36510, the city treasurer shall be appointed by and serve at the pleasure of the City Council. The City Council shall appoint a treasurer upon the expiration of the current term of the treasurer now in office, or upon a vacancy in the office. Pursuant to Government Code section 36510, the treasurer so appointed is not required to be a resident or elector in the City. As provided in Government Code section 36510, the City Council may by ordinance vest in the city manager its authority to appoint such officer.

SECTION 4. EFFECTIVE DATE.

SECTION 5. INCONSISTENCIES.

To the extent that the terms and provisions of this Ordinance may be inconsistent or in conflict with the terms or conditions of any prior City ordinance, motion, resolution, rule or regulation governing the same subject, the terms of this Ordinance shall prevail with respect to the subject matter thereof.

SECTION 6. INTERPRETATION.

In interpreting this Ordinance or resolving any ambiguity, this Ordinance shall be interpreted in a manner that effectively accomplishes its stated purposes.

SECTION 7. SEVERABILITY.

If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The People of the City of Los Banos hereby declare that they would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that anyone or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 8. PUBLICATION.

The City Clerk is directed to cause a copy of this Ordinance to be published in the official newspaper at least once within ten (10) days after the certification of the election results by the City Council.
3 97
SECTION 9. ATTESTATION.

The Mayor is hereby authorized to attest to the adoption of this ordinance by signing where indicated below.

I hereby certify that the foregoing ordinance was PASSED, APPROVED, AND ADOPTED by the People of the City of Los Banos, duly voting at an election called therefore on 5th day of March, 2024.

By:

PAUL LLANEZ, Mayor
ATTEST:

LUCILLE MALLONEE, City Clerk
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TO:

LOsBanos
At th • Crossroculs of Cctli/orni,, . .

Agenda Staff Report
Mayor and Council Members
FROM: Josh Pinheiro, City Manager
DATE: November 15, 2023
SUBJECT: Submission of Measure Changing the Term of Office of Mayor from Two Years to Four Years Pursuant to California Government Code §34900 TYPE OF REPORT: Regular Agenda
Recommendation:

Staff recommends that the City Council take the following actions:

Adopt Resolution --'--

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS

BANOS, CALIFORNIA, CALLING AND GIVING NOTICE OF A

SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
MARCH 5, 2024, FOR THE SUBMISSION TO THE QUALIFIED VOTERS

OF THE CITY A MEASURE TO EXTEND THE TERM OF THE MAYOR

FROM TWO YEARS TO FOUR YEARS, AND REQUESTING THE

BOARD OF SUPERVISORS OF THE COUNTY OF MERCED,

CALIFORNIA, TO PROVIDE FOR THE CONSOLIDATION OF THE

SPECIAL BALLOT MEASURE ELECTION WITH THE STATEWIDE
DIRECT PRIMARY ELECTION TO BE HELD ON MARCH 5, 2024,
PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE; AND

SETTING RULES FOR ARGUMENTS AND REBUTTALS FOR AND

AGAINST SAID MEASURE
Background:

Prior to 2014, the City elected the Mayor and four city councilmembers on an at-large basis. The Mayor was elected to a two-year term, and the councilmembers were elected 1 99
to four-year terms, in accordance with provisions of state law. However, Government Code section 34900 authorizes the voters of the City to determine whether the term of the Mayor should be two years or four years:
"Section 34900. At any general municipal election, or at a special election held for that purpose, the city council may submit to the electors the question of whether electors shall thereafter elect a mayor and four city council members, and whether the mayor shall serve a two-year or four-year term. In cities presently having elected mayors, the city council may also submit to the electors the question of whether the mayor shall thereafter serve a twoyear or a four-year term." In 2014, the City Council proposed to the voters of Los Banos the adoption of an alternative electoral system in which each of the four councilmembers would be elected "by district," with the Mayor continuing to be elected at large. At the time, the focus of the public discussion was on the change to the method of election of the four councilmembers. There was no discussion at the time about whether a two-year term for the Mayor continues to be desirable in light of the other changes to the electoral system, or whether a four-year term would be preferable, and the voters were not asked to weigh in on the question.

This measure, if its submission is approved by the City Council, would permit the voters to express their view regarding the appropriate term of office for the Mayor.

The resolution calling for the measure to be submitted at the March 2024 statewide primary election must be adopted at least 88 days prior to the election, which would be by December 8, 2023. The last scheduled City Council meeting before the 88-day deadline is December 6, 2023.

Discussion:

If the resolution is approved by the City Council, the following ballot question would be placed on the March 5, 2024, ballot:

MAYORAL TERM. Shall the term of office of YES (+)
mayor be four years? (A "no" vote would retain the
current two-year term.) NO (+)
If a majority of the votes cast on the measure are affirmative, the term of the Mayor would be extended to four years. If a majority of the votes cast are negative, the current two-year term would continue in effect.

The four-year term would commence with the term of office elected at the November 2024 general municipal election.
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The City's special legal counsel Christopher Skinnell from Nielsen Merksamer Parrinello Gross & Leoni, LLP, will be present at the meeting to answer any questions.

Fiscal Impact:

The reimbursable cost to Merced County related to conducting the election for this measure is anticipated to be approximately $5,439.54 (based on an estimate received from the Merced County Elections Department of $16,318.62 for three measures).

Reviewed by:

Brent Kuhn,
Interim Finance Director
Attachments:

Proposed Resolution
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THIS PAGE IS INTENTIONALLY LEFT BLANK
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RESOLUTION NO. ---

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS

BANOS, CALIFORNIA, CALLING AND GIVING NOTICE OF A

SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
MARCH 5, 2024, FOR THE SUBMISSION TO THE QUALIFIED VOTERS

OF THE CITY A MEASURE TO EXTEND THE TERM OF THE MAYOR

FROM TWO YEARS TO FOUR YEARS, AND REQUESTING THE

BOARD OF SUPERVISORS OF THE COUNTY OF MERCED,

CALIFORNIA, TO PROVIDE FOR THE CONSOLIDATION OF THE

SPECIAL BALLOT MEASURE ELECTION WITH THE STATEWIDE
DIRECT PRIMARY ELECTION TO BE HELD ON MARCH 5, 2024,
PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE; AND

SETTING RULES FOR ARGUMENTS AND REBUTTALS FOR AND

AGAINST SAID MEASURE
WHEREAS, in 2014 the City Council proposed, and the voters approved, a measure to abandon at-large voting for the City Council and adopt "by-district" voting for four councilmembers with a separately elected Mayor; and
WHEREAS, at that time, the voters adopted a two-year term of office for the Mayor while approving a four-year term of office for each of the individual councilmembers; and WHEREAS, section 34900 of the California Government Code provides that the City Council of a general law city may submit to the electors the question of whether the term of Mayor shall be two years or four years; and
WHEREAS, in Merced County the cities of Merced and Atwater elect their mayors for four-year terms; Gustine elects its mayor for a two-year term; and Livingston and Dos Palos do not have directly elected mayors; and
WHEREAS, the Council wishes to submit to the voters of Los Banos the question of whether the office of Mayor should be elected to a four-year term; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby declare, determine, and order as follows:

SECTION 2. Submission of Ballot Measures. Pursuant to California Elections Code section 9222, a special municipal election is hereby called and ordered to be held in the City on Tuesday, March 5, 2024, at which election there shall be submitted to the qualified voters a measure that, if approved, would extend the term of the Mayor from two years to four years pursuant to Government Code sections 34900.
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SECTION 3. Ballot Question. In accordance with Government Code section 34901, the City Council hereby orders submitted to the voters on the ballot for Tuesday, March 5, 2024, the following ballot question:

MAYORAL TERM. Shall the term of office of YES (+)
mayor be four years? (A "no" vote would retain the
current two-year term.) NO (+)
SECTION 4. The Ordinance. The complete text of the Ordinance to be approved by the voters is attached hereto as Exhibit "A". The City Council approves the form and content of the Ordinance and approves submitting the Ordinance to the voters at the Tuesday, March 5, 2024, election.

SECTION 5. Election Procedures and Consolidation.

B. Pursuant to California Elections Code section 10002, the City requests that the Board of Supervisors permit the County Registrar of Voters to render services to the City relating to this election.

C. The consolidated election shall be held and conducted, elections officers appointed, voting precincts designated, ballots printed, polls opened and closed, ballots counted and returned, returns canvassed, results declared, certificates of election issued, and all other proceedings incidental to and connected with the elections shall be regulated and done by the County Registrar of Voters in accordance with the provisions of law regulating a regularly scheduled consolidated ,election. The Board of Supervisors is hereby requested to issue all officers of the County charged with duties pertaining to the March 5, 2024, election instructions to take any and all steps necessary for the holding of a consolidated election pursuant to California Elections Code sections 10400-10418.

D. The ballots to be used at the election shall be in form and content as required by law.

F. The City Clerk is authorized, instructed, and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the special municipal election. 2 104
G. Notice of the time and place of holding the election is given and the City Clerk is authorized, instructed, and directed to give further or additional notice of the election, in time, form, and manner as required by law.

SECTION 7. Ballot Arguments and Rebuttals.

B. Pursuant to Elections Code sections 9286(b) and 10418, the deadlines for submitting these arguments shall be those prescribed by the Merced County Elections Department in connection with the conduct of the statewide primary election.

C. Pursuant to California Elections Code section 9282(b ), the City Council may approve and submit a ballot argument in support of the adoption of the proposed ordinance.

SECTION 10. Full Text of Measure. The full text of the ordinance contained in Exhibit "A," amending Los Banos Municipal Code Title 2, Chapter 1, Article 1, and entitled "AN

ORDINANCE OF THE VOTERS OF THE CITY OF LOS BANOS TO AMEND THE

MUNICIPAL CODE TO EXTEND THE TERM OF THE OFFICE OF MAYOR FROM TWO YEARS TO FOUR YEARS, SUBJECT TO APPROVAL BY A VOTE OF THE PEOPLE," will be made available at no cost, at the Los Banos City Clerk's office or on the City of Los Banos' website at www.losbanos.org. A statement about how to obtain the full text of the ordinance will be included in the voter information pamphlet below the impartial analysis.

SECTION 12. CEQA. The City Council hereby finds and determines that the ballot measure relates to organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment, and therefore is not a project within the 3 105
City of Los Banos meaning of the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, section 15378(b)(5).

SECTION 14. Corrections. The City Clerk and the City Attorney are authorized to make any typographical, clerical, non-substantive corrections or additions to this Resolution as may be deemed necessary by the Merced County Registrar of Voters SECTION 15. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The City Council hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof.

SECTION 16. Effective Date of Resolution. This Resolution shall take effect immediately upon its adoption.

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:

ABSTAIN:

APPROVED:

Paul Llanez, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
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EXHIBIT "A"
ORDINANCE NO.

AN ORDINANCE OF THE VOTERS OF THE CITY OF LOS BANOS TO

AMEND THE MUNICIPAL CODE TO EXTEND THE TERM OF THE

OFFICE OF MAYOR FROM TWO YEARS TO FOUR YEARS, SUBJECT

TO APPROVAL BY A VOTE OF THE PEOPLE

THE PEOPLE OF THE CITY OF LOS BANOS DO HEREBY ORDAIN AS FOLLOWS:

SECTION 1. PURPOSE.

WHEREAS, in 2014 the City Council proposed, and the voters approved, a measure to abandon at-large voting for the City Council and adopt "by-district" voting for four councilmembers with a separately elected Mayor; and
WHEREAS, at that time, the voters adopted a two-year term of office for the Mayor while approving a four-year term of office for each of the individual councilmembers; and WHEREAS, section 34900 of the California Government Code provides that the City Council of a general law city may submit to the electors the question of whether the term of Mayor shall be two years or four years; and
WHEREAS, in Merced County the cities of Merced and Atwater elect their mayors for four-year terms; Gustine elects its mayor for a two-year term; and Livingston and Dos Palos do not have directly elected mayors; and
WHEREAS, the Council wishes to submit to the voters of Los Banos the question of whether the office of Mayor should be elected to a four-year term; The purpose of this measure is to extend the term of office of the Mayor to four years in accordance with the terms of the Government Code.

SECTION 2. AMENDMENT TO CODE REGARDING APPOINTMENT OF CITY CLERK.

Title 2, Chapter 1, Article 1, section 2-1.101, subdivision (b ), of the Los Banos Municipal Code is amended to read as follows:
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Article 1. Method of Election of Mayor and City Council.

Sec. 2-1.101 Method of Election.
(a) Pursuant to California Government Code Sections 34871(c) and 34881, members of the legislative body of Los Banos shall be elected by districts in four (4) districts with a separately-elected Mayor elected Citywide pursuant to Article 5 ( commencing with Section 34900) of the Government Code. (b) Mayor. The Mayor shall be elected by the voters of the entire City at each general municipal election. Beginning with term commencing after the general municipal election in November 2024, the Mayor shall serve a four (4) year term until his or her successor is elected and qualified. The Mayor shall be a resident of the City of Los Banos.
( c) Councilmembers.
(1) Beginning with the general municipal election in November 2016, members of the City Council shall be elected in the electoral districts established by Section 2-1.102 and subsequently reapportioned as provided by State law. Elections shall take place on a "by-district" basis as that term is defined in California Government Code Section 34871, meaning one member of the Council shall be elected from each district, by the voters of that district alone. Each member of the Council shall serve a four ( 4) year term until his or her successor is elected and qualified. (2) Except as provided in subdivision (3) hereof, the Councilmember elected to represent a district must reside in that district and be a registered voter in that district, and any candidate for the Council must live in, and be a registered voter in, the district in which he or she seeks election. Termination of residency in a district by a Councilmember shall create an immediate vacancy for that Council district unless a substitute residence within the district is established within thirty (30) days of the termination of residency.
(3) Transition. Notwithstanding any other provision of this article, the members of the Council in office at the time the ordinance codified in this article takes effect shall continue in office until the expiration of the full term to which he or she was elected and until his or her successor is elected and qualified. Each Councilmember' s successor shall be elected on a "by-district" basis in the districts established in Section 2-

1.102.

SECTION 3. EFFECTIVE DATE.

Pursuant to California Elections Code section 9217, this Ordinance shall be in full force and effect ten (10) days after the certification by the City Council of the election returns indicating passage of the Ordinance by a majority of the voters casting votes in the election. The Mayor in office at the time this measure takes effect shall continue in office until the expiration of the full term to which he or she was elected and until his or her successor is elected and qualified.
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SECTION 4. INCONSISTENCIES.

SECTION 5. INTERPRETATION.

In interpreting this Ordinance or resolving any ambiguity, this Ordinance shall be interpreted in a manner that effectively accomplishes its stated purposes.

SECTION 6. SEVERABILITY.

SECTION 7. PUBLICATION.

SECTION 8. ATTESTATION.

The Mayor is hereby authorized to attest to the adoption of this ordinance by signing where indicated below.

I hereby certify that the foregoing ordinance was PASSED, APPROVED, AND ADOPTED by the People of the City of Los Banos, duly voting at an election called therefore on 5th day of March, 2024.

By:

PAUL LLANEZ, Mayor
ATTEST:

LUCILLE MALLONEE, City Clerk
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Los Banos City CouncilNovember 15, 2023

Los Banos City Council
November 15, 2023