Agenda packet — Los Banos City Council, February 7, 2024

1 t Os Banos
At the Crossroads of California
www.losbanos.org
AGENDA

CITY COUNCIL MEETING

CITY HALL COUNCIL CHAMBERS
520 J Street
Los Banos, California
FEBRUARY 7, 2024 - 6:00 PM
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 . ........................................ ... ..................................... , ...................................... •··•························· ···································· ··················· ·················· ························· ············· · ········ 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.losbanos.org.
* * * * * * * * * * * * * * * *
Cualquier escritura o los documentos proporcionaron a una mayoria de/ Ayuntamiento respecto a cualquier articulo en este orden def dia sera hecho disponible para la inspecci6n pub/ica en la reuni6n yen la oficina de la Secretaria de la ciudad en City Hall, 520 J Street, Los Banos,
California durante horas de oficina norma/es. Ademas, tales escrituras y los documentos pueden ser anunciados en el website de la ciudad en www.losbanos.org.

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/catego[Y/city-council/ Los Banos City Council Agenda - February 7, 2024 Page 1 of4 2 1. CALL TO ORDER- February 7, 2024 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. Certificates of Recognition:
1) Wildcat Pee Wee Football Team Winning the 2023 Superbowl. 2) Wildcat Pee Wee Cheer Team on Supporting the Football Team. 3) Employee of the Month for January 2024 - Mario Iniguez & Aaron Flores, Maintenance Mechanics I.

B. Proclamation Recognizing the Retirement of City of Los Banos Finance Manager Kimberly Tomas.

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 #242926 - #243180 in the Amount of $3,397,573.75 Recommendation: Approve the check register as submitted.

B. Minutes for the December 6, 2023 City Council Meeting.

Recommendation: Accept the report as submitted.

C. Minutes for the January 3, 2024 City Council Meeting.

Recommendation: Accept the report as submitted.

Los Banos City Council Agenda - February 7, 2024 Page 2 of4 3 D. Minutes for the January 17, 2024 City Council Meeting.

Recommendation: Accept the report as submitted.

E. City Council Resolution No. 6729 - Approving the Acceptance of a $100,000 UC Davis Koret Shelter Medicine Grant via their California for all Animals Program and Amending the Fiscal Year 2024-2025 Budget by Increasing the Appropriation Amount for Expenditures and Revenues in the Amount of $100,000.

Recommendation: Adopt the resolution as submitted.

F. City Council Resolution No. 6730 - Ratifying the City Manager's Approval of the Employment Agreement with the Public Works Director / City Engineer Charles Bergson.

Recommendation: Adopt the resolution as submitted.

G. City Council Resolution No. 6731 - Appointing Deborah "DJ" Barcellos, Harriett Schott, Steven Soares to the Measure P Citizens Oversight Committee with Terms Ending December 31, 2026.

Recommendation: Adopt the resolution as submitted.

8. SUNRISE RANCH PARK CONCEPTUAL DESIGN PRESENTATION.

Recommendation: Receive staff report and provide direction on how to proceed.

9. PICKLEBALL COURTS CONCEPTUAL DESIGN PRESENTATION.

Recommendation: Receive staff report and provide direction on how to proceed.

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

11. CITY MANAGER REPORT.

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

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

SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT (SJVAPCD),

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

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

13. CITY COUNCIL MEMBER REPORTS.

A. Deborah Lewis - District 4

8. Kenneth Lambert- District 1
Los Banos City Council Agenda - February 7, 2024 Page 3of4 4 C. Douglas Begonia, Jr. - District 2
D. Brett Jones - District 3
E. Paul Llanez - Mayor

14. ADJOURNMENT.

I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. ~~-~ Lucille L. Mallonee, City Clerk Dated this 2nd day of February 2024 Los Banos City Council Agenda - February 7, 2024 Page 4 of4 5 CERTIFICATE OF RECOGNITION
<Presented <To

LOS BANOS WILDCATS

PEE WEE FOOTBALL TEAM
In recognition of your outstanding sportsmanship
and for winning the 2023 Super6ow{ against the Oakj"a{e Stampede. <The first team to win the Super6ow{ in WiUcat Jfistory. <Pau[ £Canez, :Mayor
(J)ated: Pe6ruary 7, 2024
LOsBanos
Ai lhe Cmssmads of California
6 CERTIFICATE OF RECOGNITION
<Presented <To

LOS BANOS WILDCATS

PEE WEE CHEER TEAM
In recognition of your outstanding support of<Tne <Pee Wee WiUcat Poot6a{{<Team on tlieir way to winning tlie 2023 Super6ow{ against tlie Oa/is{afe Stampede. <Pau{ £{anez, :Mayor
(l)atea: Pe6ruary 7, 2024
LOsBanos
Al 1l11' Crassmad.~ <)( California
7 CERTIFICATE OF RECOGNITION
<Presented rr'o
Mario Iniguez and Aaron Flores
Maintenance Mechanics I - Public Works Department
In recognition of your outstanding peiformance
and dedicated service to tlie City of Los <Banos and
for 6eing named "P,mp[oyee of tlie Montli "for January 2024. <Pau{ £{anez, ~ayor
<Dated: Pe6ruary 07, 2024
LOsBanos
At the Cros.~matls of Cal((arnia
8 LOs Banos
I 1111 Lm wtu . of( lifonu

PROCLAMATION

RECOGNIZING THE RETIREMENT OF
CITY OF LOS BANOS .

FINANCE MANAGER KIMBERLY TOMAS
WHEREAS, Kimberly Tomas was hired as an Accountant I with the Finance Department on October J, 2007; and
WHEREAS, Kimberly Tomas moved up among the ranks and was appointed Deputy City Treasurer on October 22, 2009 and again on December 10, 2010 before being promoted to Accountant II on July 1, 2014; and
WHEREAS, Kimberly Tomas was appointed City Treasurer on March 1, 2017 and then elected to the same position on December 5, 2018 where she served until December 2022; and
WHEREAS, Kimberly Tomas was promoted to Accounting & Budget Supervisor on July 1, 2017 and then to Finance Manager on November 16, 2022. She has contributed tremendously throughout her career to the community of Los Banos through her knowledge and commitment to her job; and
WHEREAS, Kimberly Tomas retired from the City of Los Banos as Finance Manager with the Finance Department on January 20, 2024 with more than 16 years of service cis a full-time City employee. •
NOW, THEREFORE, BE IT PROCLAIMED that the Mayor and City Council Members of the City of Los Banos do hereby commend Kimberly Tomas on her dedication and loyalty to the City of Los Banos and congratulate her on her retirement.

BE IT FURTHER PROCLAIMED that this proclamation was presented to Kimberly Tomas at the City Council Meeting held on February 7, 2024.

In witness whereof, I have hereunto set my hand
and caused to be affixed the seal of the City of Los
Banos, this 7th day of February 2024.

APPROVED:

Paul Llanez, Mayor
A1TEST:

Lucille L. Mallonee, City Clerk
9 CK# 242926 - # 243180
Check Report
Check by Date
Number Payment Date Vendor Name
242926 01/12/2024 A Plus Tree, LLC
242927 01/12/2024 Apex Annex Health Center, Inc.
242928 01/12/2024 Ascent Aviation Group, Inc.
242929 01/12/2024 AT&T Mobility
242930 01/12/2024 Nathan Bowling
242931 01/12/2024 CSJVRMA
242932 01/12/2024 CSG Consultants Inc.
242933 01/12/2024 GoTo Communications, Inc.
242934 01/12/2024 Holt of California
242935 01/12/2024 Jacob Green & Associates, Inc
242936 01/12/2024 Deborah Lewis
242937 01/12/2024 Mark Thomas & company. Inc.
242938 01/12/2024 Ramon McDonald
02/07/2024 $3,397,573.75
LOsBanos ,, 1h1 Cm~uo ds of Califm ni,
Payment Type Void Payment Amount
Regular 35340.40
Regular 351.00
Regular 21,268.99
Regular 5,073.17
Regular 215.00
Regular 470,538.00
Regular 60,986.95
Regular 3,730.42
Regular 74,326.54
Regular 4,920.00
Regular 106.00
Regular 63,218.00
Regular 215.00
242939 01/12/2024 Merced County Regional Waste Management Authority Regular 5,081.25 242940 01/12/2024 Mid-Valley Disposal LLC Regular 281,254.34 242941 01/12/2024 Outfront Media Inc. Regular 6,000.00
242942 01/12/2024 PG&E Company Regular 126,561.71
242943 01/12/2024 Purchase Power Inc Regular 3,380.52
242944 01/12/2024 Jennifer Topete Regular 1,575.00
242945 01/12/2024 Vanir Construction Management, Inc. Regular 64,917.56 242946 01/12/2024 West Coast Arborists, Inc. Regular 8,830.00 242947 01/12/2024 Robert Wiens Regular 215.00
242948 01/12/2024 Windecker Inc Regular 30,728.80
242949 01/12/2024 AAA Business Supplies Regular 325.41
242950 01/12/2024 Agile Occupational Medicine PC Regular 285.00 242951 01/12/2024 Gregory Almeida Regular 480.62
242952 01/12/2024 Amsoil Inc. Regular 1,677.07
242953 01/12/2024 Anthony Gomes Regular 120.00
242954 01/12/2024 Aramark Uniform Ser Inc Regular 293.00 242955 01/12/2024 AT&T Regular 194.68
242956 01 /12/2024 Debbie Areia Regular 700.00
242957 01/12/2024 BJ's Consumers Choice Pest Control Inc. Regular 125.00 242958 01/12/2024 Boot Barn Regular 414.25
242959 01 /12/2024 Brinks Inc. Regular 879.02
242960 01/12/2024 Bruce's Tire Inc Regular 834.10
242961 01/12/2024 Cen-CalAir Regular 225.00
242962 01/12/2024 Manuel A Avila Regular 272.06
242963 01/12/2024 Coffee Break Service Inc. Regular 148.00 242964 01/12/2024 Comcast Regular 156.60
242965 01/12/2024 Copy Shipping Solutions Regular 852.58 242966 01 /12/2024 Dos Palos Publishing Company Regular 730.00 242967 01/12/2024 Edges Electrical Group, LLC Regular 482.81 242968 01/12/2024 Employee Relations, Inc. Regular 50.00 242969 01/12/2024 Fehr & Peers Regular 5,495.00
242970 01/12/2024 Lacal Equipment Inc Regular 1,436.86
242971 01/12/2024 Los Banos Veterinary Services Regular 4,146.98 242972 01/12/2024 Lucas Business Systems Regular 70.57
242973 01/12/2024 Mark Thomas & company. Inc. Regular 431.10 10 242974 01/12
/2024 Guido I Marquez Regular 944.70
242975 01
/12/2024 Marfab Inc Regular 218.09
242976 01
/12/2024 Merced County Dept Of Agriculture Regular 176.40 242977 01/12/2024 Merced Truck & Trailer Inc Regular 415.16 242978 01/12/2024 Monterey Auto Services Inc. Regular
1,518.41
242979 01/12/2024 Municipal Maintenance Equipment, Inc. Regular 1,687.31
242980 01/12/2024 Veronica Monroy Regular 450.00
242981 01/12/2024 OSE Regular 836.15
242982 01/12/2024 O'Reilly Auto Parts Regular 1,689.86
242983 01
/12/2024 Protech Security & Electronics, Inc. Regular 60.00 242984 01/12/2024 Safe T Lite of Modesto, Inc. Regular
6,179.19
242985 01/12
/2024 Sherwin Williams Co Regular 43
.21
242986 01
/12/2024 Robert & Susan Hansen Regular 365.40
242987 01/12
/2024 SU Holdings, Inc Regular 433.54
242988 01/12/2024 Sorensens True Value Regular
1,029.21
242990 01/12/2024 Sorensens True Value Regular 2.60
242991 01/12/2024 Technicon Engineering Services, Inc. Regular 3,970.50 242992 01/12/2024 Tractor Supply Credit Plan Regular 903.38 242993 01/12/2024 Triangle Rock Products Regular 1,524.93 242994 01/12/2024 Tyler Technologies, Inc. Regular
5,478.75
242995 01
/12/2024 Westside Veterinary Service, Inc. Regular 332
.78
242996 01/12/2024 Westside Water Conditioning Regular 269 .50
242997 01/12/2024 Windecker Inc Regular
1,094.93
242998 01/12
/2024 Young
's Air Conditioning Regular 326.12
243002 01/19/2024 Aflac-Customer Service Regular 235.68 243003 01/19/2024 AFSCME District Council 57 Regular 1,574.11 243004 01/19/2024 Empower Annuity Ins. Co of America Regular 2,947.00 243005 01/19/2024 Empower Annuity Ins. Co of America Regular 1,567.01 243006 01/19/2024 Los Banos Fitness & Racquet Club Regular 265.00 243007 01/19/2024 Los Banos Police Assn Regular
1,015.00
243008 01/19
/2024 Los Banos Police Assn. Regular 245.00
243009 01
/19/2024 Merced County Sheriff Regular 200.00
243010 01
/19/2024 Mission Square Regular 341.65
243011 01/19
/2024 MissionSquare Regular 8,400.00
243012 01/19/2024 Nationwide Retirement Solutions Regular 4,105.33
243013 01/19/2024 Professional Fire Fighter of Los Banos Local 4703 Regular 1,050.00
243014 01/19/2024 State Disbursement Unit Regular 1,350.00 243015 01/19/2024 Apex Medical Group, Inc. Regular 1,258 .00
243016 01/19/2024 Miguel Barrera Regular 36.00
243017 01/19/2024 Sara Blevins Regular 474.00
243018 01
/19/2024 Bryce Consulting Inc. Regular 10
,070.00
243019 01
/19/2024 Callander Associates Landscape Architecture, Inc. Regular I 8,646.11 243020 01/19
/2024 Carollo Inc. Regular 14
,794.50
243021 01/19/2024 Bradley Ellien Regular 708.00
243022 01/19/2024 Halcyon Creek Inc. Regular 19
,708.28
243023 01/19/2024 Ricardo Heredia Regular 36.00
243024 01/19/2024 Brent Kuhn Regular 26
,565.00
243025 01/19/2024 Merced MRI Medical Group Regular 65.00 243026 01/19/2024 Precision Civil Engineering, Inc Regular 121,606.80 243027 01/19/2024 Provost and Pritchard Engineering, Inc. Regular 22 ,579.95
243028 01/19
/2024 John P. Soares Regular 845.00
243029 01/19/2024 Tyler Technologies, Inc. Regular 81
,110.62
243030 01
/19/2024 US Bank Corp Pymt System Regular 48,143.17
243031 01/19/2024 Raymond John Van Nieuwenhuyzen Regular 6,920.51
243032 01/19/2024 Eric Welker Regular 98.00
243033 01/19/2024 AAA Business Supplies Regular 27.53
243034 01/19/2024 Agile Occupational Medicine PC Regular 200 .00
243035 01/19/2024 Gregory Almeida Regular 117
.94
11 243036 01/19/2024 Always Rescue Plumbing Inc Regular 2,525.00
243037 01/19/2024 Aramark Unifonn Ser Inc Regular 120
.99
243038 01
/19/2024 AramarkUnifonn & Career Apparel Group, Inc. Regular 341.38 243039 01/19
/2024 AT&T Mobility Regular 730.97
243040 01/19/2024 AT&T Regular 302.65
243041 01/19/2024 B Safe Playground Inspection Services, Inc. Regular 2,550.00 243042 01/19/2024 Dorothy June Baker Regular 145.93
243043 01/19/2024 BJ's Consumers Choice Pest Control Inc. Regular 82.00 243044 01/19/2024 Boot Barn Regular 181.06
243045 01/19/2024 Bruce's Tire Inc Regular 406.39
243046 01
/19/2024 Cen-Cal Air Regular 75.00
243047 01
/19/2024 CENCAL Machine & Fabrication Inc. Regular 152
.29
243048 01
/19/2024 Central Valley Cardiovascular Group Inc. Regular 200.00 243049 01/19/2024 City of Dos Palos Regular 127.00
243050 01/19/2024 Clark Pest Control Inc Regular 108.00 243051 01/19/2024 Comcast Regular 208.97
243052 01/19/2024 CSFA Regular 680.00
243053 01/19/2024 CSG Consultants fuc. Regular 977.50
243054 01/19/2024 Custom Locksmith & Alarm Inc. Regular 248.91 243055 01/19/2024 Dos Palos Publishing Company Regular 40.00 243056 01/19
/2024 Double D Towing, LLC Regular 135.00
243057 01
/19/2024 The ABY MFG Group. Inc. Regular 174.70
243058 01
/19/2024 Federal Express Corporation Regular 20
.01
243059 01/ 19/2024 Galls Inc Regular
1,169.19
243060 01/19/2024 Government Revenue Solutions Holdings I, LLC Regular
2,940.00
243061 01/19/2024 Granite Construction Inc Regular
4,674.16
243062 01/19/2024 Halcyon Creek Inc. Regular 1,293.30
243063 01/19/2024 Henley Pacific, LLC Regular 7118
243064 01/19/2024 Holt of California Regular 153
.83
243065 01
/19/2024 InfoSend Inc. Regular 900.00
243066 01
/19/2024 Kimball Midwest Regular 1,100.53
243067 01/19/2024 Tim JLaw Regular 800.00
243068 01/19/2024 LeadsOnline Pamet LLC Regular
3,085.00
243069 01
/19/2024 Lucas Business Systems Regular 2.34
243070 01/19/2024 Joseph Maron m Regular 343.32
243071 01/19/2024 Marfab Inc Regular 159.52
243072 01/19/2024 McNamara Sports Inc Regular 3,144.14
243073 01/19/2024 Merced Truck & Trailer Inc Regular 882.86 243074 01/19/2024 Mid-Valley Disposal LLC Regular 3,541.10 243075 01/19/2024 Napa Auto Parts of Los Banos Regular 14.31 243076 01/19/2024 NON International LLC Regular 1,789
.50
243077 01/19/2024 OSE Regular 296.13
243078 01/19/2024 O'Reilly Auto Parts Regular 445.38
243079 01/19/2024 PG&E Company Regular 46
.19
243080 01/19/2024 Riggs Ambulance Service Regular 36.00 243081 01/19/2024 Save Mart Supennarkets Regular 102.31 243082 01/19/2024 Sherwin Williams Co Regular 437.90
243083 01/19/2024 Shred-It US N LLC Regular 406.76
243084 01/19/2024 Robert & Susan Hansen Regular 233.81
243085 01/19/2024 Sorensens True Value Regular 1,025
.81
243087 01/19/2024 Sorensens True Value Regular 36 95
243088 01/19/2024 Specialty Distributors, Inc. Regular 264.78 243089 01/19/2024 Stanislaus Farm Supply Regular 130.45 243090 01/19/2024 Triangle Rock Products Regular 100.88 243091 01/19/2024 Westside Water Conditioning Regular 62.32 243092 01/19/2024 Windecker Inc Regular 444.29
243093 01/19/2024 Xerox Financial Services Regular
2,464.46
243094 01/19/2024 Young's Air Conditioning Regular 3,209.12 12 243095 01/24
/2024 Westameri
ca Bank - Cafeteria Plan Regular 92
,025.29
243096 01/26
/2024 AT&T Mobility Regular
5,048.37
243097 01
/26/2024
Beam Insurance Administrators LLC Regular 21
,939.99
243098 01/26
/2024 City of Los Banos Utility Regular 15
,774.82
243099 01
/26/2024 Daniel Fre
eman Regular
1,458.00
243100 01/26/2024 League of California Cities Regular 17,480.00 243101 01/26/2024 Liebert Cassidy Whitmore Regular
5,049.50
243102 01/26/2024 Locality Media, Inc. Regular 13,425.00 243103 01/26/2024 Mark Thomas & c
ompany. Inc. Regular 32,177.82
243104 01/26/2024 Swinerton Builders Regular 1,336
,288.10
243105 01/26
/2024 Law Offices of William A Vaughn Regular 20
,104.50
243125 01/26/2024 All
star Fire Equipment Regular 5,340.58
243126 01
/26/2024 Ameri
can Self Storage Regular
1,840.00
243127 01/26/2024 Anthony Gomes Regular 247
.35
243128 01/26/2024 Aramark Uniform Ser Inc Regular 738
.87
243130 01/26/2024 AramarkUniform & Career Apparel Group, Inc. Regular 170.69 243131 01/26/2024 AT&T Regular 3,029.78
243132 01/26/2024 Axon Enterpris
e, Inc. Regular 2,531.70
243133 01
/26/2024 Boot Barn Regular 484.40
243134 01
/26/2024 Cen-Cal Air Regular 75
.00
243135 01
/26/2024 CENCAL Machine & Fabrication Inc. Regular 91.76 243136 01/26/2024 Central Valley Cardiovascular Group Inc. Regular 360 .00
243137 01/26
/2024 Central Valley Concrete Inc. Regular 970
.79
243138 01/26/2024 Comcast Regular 156
.60
243139 01/26/2024 Cook's Communications Corp. Regular 191.15 243140 01/26/2024 CPS Regular 678.00
243141 01/26/2024 D & D Pest Control Regular 163.00
243142 01/26/2024 Double D Towing, LLC Regular 270.00
243143 01/26/2024 Econolite Control Products, Inc. Regular 5,671.24 243144 01
/26/2024 Electric Driv
es Inc Regular 2,699.98
243145 01
/26/2024 F S Rod Inc Regular 1,852.08
243146 01/26/2024 First Responders Resiliency, Inc. Regular 2,000 .00
243147 01
/26/2024 Home Depot Regular
5,986.21
243150 01
/26/2024 Kimball Midwest Regular 179.66
243151 01/26/2024 Laboratory Corporation of America Holdings Regular 192.15 243152 01/26/2024 Los Banos Veterinary Services Regular 2,230.36 243153 01/26/2024 Lucas Business Systems Regular 54.58
243154 01/26/2024 Guido I Marquez Regular
3,538.40
243155 01
/26/2024 Matson Alarm Co Inc Regular 215.00
243156 01/26/2024 Merced Chevrolet Inc. Regular
1,807.47
243157 01
/26/2024 Merced County Auditor Controller Regular
1,157.50
243158 01/26/2024 Madera Uniform & Accessories Regular 191.35 243159 01/26/2024 Metropolitan Transportation Commission Regular 3,500.00
243160 01/26/2024
NDN International LLC Regular 10
,781.14
243161 01/26/2024 OSE Regular 43
.49
243162 01/26/2024 O'Reilly Auto Parts Regular 478
.20
243163 01/26/2024 PG&E Company Regular 289
.08
243164 01/26/2024 Plan It
Geo LLC Regular
4,600.00
243165 01/26/2024 Precision Civil Engineering, Inc Regular 500.00 243166 01/26/2024 RAT Incorporated Regular 265
.00
243167 01/26/2024 Save Mart Supermarkets Regular 165
.03
243168 01/26/2024 Scott's PPE
Recon Inc. Regular 70
.00
243169 01/26/2024 Sherwin Williams Co Regular 186
.83
243170 01
/26/2024 Sprin
gbrook Software, Inc. Regular 477.00
243171 01/26/2024 Sorensens True Value Regular 734.50
243173 01/26/2024 Sorensens True Value Regular 291.29
243174 01/26/2024 Triangle Rock Products Regular 203.86 243175 01/26/2024 Darci Thomas Regular 350.00
13 243176 01/26/2024 Verizon Wireless
243177 01/26/2024 Jesse Vasquez
243178 01/26/2024 West Publishing Corporation
243179 01/26/2024 Windecker Inc
243180 01/26/2024 ZWUSAinc.

Break in check sequence due to the following:

Check #242999 - #243001 (Payroll)
Check #242989 (Manual Void)
Check #243086 (Manual Void)
Check #243106 - #243124 (Manual Void)
Check #243129 (Manual Void)
Check #243148 - #243149 (Manual Void)
Check #24 3172 (Manual Void)
Regular 118.03
Regular 300.00
Regular 466.85
Regular 2,678.06
Regular 1,931.11
Payment Type Payment
Regular Checks 227 3,397,573.75
Manual Checks 0 0.00
Voided Checks 0 0.00
227 3,397,573.75

THIS PAGE IS INTENTIONALLY LEFT BLANK
14 15

CITY OF LOS BANOS

CITY COUNCIL MEETING MINUTES
DECEMBER 6, 2023
ACTION MINUTES - These minutes are prepared to depict action taken for agenda items presented to the City Council. For detail of this meeting refer to the electronic media (CD and/or audio) kept as a permanent record.
** Holiday Open House held prior to the meeting from 4:30 p.m. to 6:00 p.m.

CALL TO ORDER: Mayor Pro Tern Lambert called the City Council Meeting to order at the hour of 6:02 p.m.

PLEDGE OF ALLEGIANCE: Police Chief Reyna led the pledge of allegiance.

ROLL CALL - MEMBERS OF THE CITY COUNCIL PRESENT: Council Members Douglas Begonia, Jr., Brett Jones, Kenneth Lambert, Deborah Lewis; ABSENT: Mayor Paul Llanez.

STAFF MEMBERS PRESENT: City Manager Pinheiro, City Attorney Vaughn, Police Chief Reyna, City Clerk/Human Resources Director Mallonee, City Treasurer Lawrence, Fire Chief Tualla, Community & Economic Development Director Souza Elms, Interim Parks & Recreation Director Heim, Interim Finance Director Kuhn, Interim Public Works Director/City Engineer Lemus
CONSIDERATION OF APPROVAL OF AGENDA: Mayor Pro Tern Lambert stated that staff is requesting that item 8 - Public Hearing - To Receive Public Comment and Consideration of a Conditional Use Permit #2023-09 and a Categorical Exemption from the California Environmental Quality Act (CEQA) Pursuant to Section 15301, Existing Facilities, to Allow the Use of a Type 41 Alcohol License for the On-Sale of Beer and Wine for a Bona-Fide Eating Place, Biggins Texas BBQ Located at 609 I Street, APN 025-231- 019, City Council Resolution No. 6717 - Finding the Proposed Project to be Categorically Exempt from the California Environmental Quality Act Pursuant to Section 15301, Existing Facilities and Approving Conditional Use Permit #2023-09 to Allow for the On-Sale of Beer and Wine Under a Type 41 Alcohol License at 609 I Street, More Specifically Identified as APN 025-231-019 be removed from the agenda.

Motion by Jones, seconded by Begonia to approve the agenda with the removal of item 8- Public Hearing- To Receive Public Comment and Consideration of a Conditional Use Permit #2023-09 and a Categorical Exemption from the California Environmental Quality Act (CEQA) Pursuant to Section 15301, Existing Facilities, to Allow the Use of a Type 41 Alcohol License for the On-Sale of Beer and Wine for a Bona-Fide Eating Place, Biggins Texas BBQ Located at 609 I Street, APN 025-231-019, City Council Resolution No. 6717 - Finding the Proposed Project to be Categorically Exempt from the California Environmental Quality Act Pursuant to Section 15301, Existing Facilities and Approving Conditional Use Permit #2023-09 to Allow for the On-Sale of Beer and Wine Under a Type 41 Alcohol License at 609 I Street, More Specifically Identified as APN 025-231- 16 019. The motion carried by the affirmative action of all Council Members present, Llanez absent.

PRESENTATIONS: CERTIFICATE OF RECOGNITION -ANDREW DENNY & JUAN

RAMIREZ - FIRE ENGINEERS, CITY OF LOS BANOS EMPLOYEES OF THE MONTH FOR NOVEMBER 2023; PROCLAMATION - RECOGNIZING THE RETIREMENT OF CITY OF LOS BANOS POLICE CHIEF GARY BRIZZEE. JR.: PROCLAMATION -

RECOGNIZING THE RETIREMENT OF CITY OF LOS BANOS POLICE SERGEANT JESSE CEJA; PROCLAMATION - RECOGNIZING THE RETIREMENT OF CITY OF LOS BANOS POLICE OFFICER NOAH JONES; PROCLAMATION - RECOGNIZING THE RETIREMENT OF CITY OF LOS BANOS FOREMAN TIM BAPTISTA, SR.;

PROCLAMATION - RECOGNIZING THE RETIREMENT OF CITY OF LOS BANOS FOREMAN ANTHONY (BUTCH) TERRANOVA. Mayor Pro Tern Lambert presented the certificate and proclamations, for which Juan Ramirez, Gary Brizzee, Jr., Jesse Ceja, Noah Jones were in attendance to accept.

PUBLIC FORUM: MEMBERS OF THE PUBLIC MAY ADDRESS THE CITY COUNCIL

DEAN NELSON, representing the Kiwanis Club of Los Banos, spoke regarding the upcoming Christmas Eve Dinner that they have been putting on for 40 years and encouraged all to attend, the fundraising they do for the event throughout the years and the Bazaar held; CHRIS SANTOS, representing Congressman Duarte, congratulated the retirees recognized tonight, spoke regarding Merced County and how it is the gateway to Yosemite, how Congressman Duarte is doing all that he can to address housing shortages, the bipartisan caucus quality and affordable health care, issues still facing Madera with the closure of their hospital and how important rural hospitals are, wished all a Merry Christmas and a happy New Year; MARK KIRSCHMAN, Manager of Government Affairs of Peninsula Clean Energy (PCE), thanked the City for their leadership and support, PCE does not have shareholders and explained how they can offer what they do, introduced the Viri Renteria, PCE's new Community Relations Specialist who spoke regarding the $300 bill credit to qualifying Los Banos residents based on their income and explained how the credit will be processed, and to learn more about the credits citizens can go the PCE's website; ROY TODD, volunteer member of Chamber of Commerce, stated that they just wrapped up our Annual Christmas Parade with 69 entries which he believes is a record, there were 10 different awards presented, thanked Sutter Health for sponsoring every one of our events and thanked all that attended, participated and watched, thanked the LBPD and City workers who make sure things run smoothly, Merced County Fire Department for donating the truck for Santa to ride on, how the Chamber office will be closed on December 25 & 26, January 1 & 16, making note that the Chamber is in much better footing than it was a year ago and thanked all those who helped out, it was much appreciated, thanked the City of los Banos and community for all their continued support, wished all a Merry Christmas and a happy New Year; UNNAMED PERSON, stated that consent items are suppose to be routine, item G is another change order for Birch Avenue and over $600,000 but this is stuff that needs to be explained as to what is going on so that the community knows what's going on, also on your consent 17 agenda is a check register over $2 million and how it seems to be happening every meeting and she is concerned and how 5 employees have retired and that is scary to me because she doesn't know if they are treated poorly or are they afraid of their boss and, how hard it will be to replace them, concerns with landscape and lighting fees that is being paid by ARPA funds, what happens when this has to be done again in 2 years when those funds are not available, wished all a Merry Christmas; UNNAMED PERSON, spoke regarding a football game he watched and how the game was fair because their was a scoring system, how a winning is based on a scoring system and explained how that works without scores there are no scoring system, last year the public was told that there would be scoring system and rules for the ARPA Funds, inquired as to why a Council Member received the first award in 10 days, how he feels there is discrimination and favoritism and how the Mayor stated at any mean necessary he would protect his staff and how instead of threatening violence at a Council Meeting that they just release the scores; UNNAMED PERSON, thanked the retiring City of Los Banos employees as he appreciates their accomplishments and dedication, especially police officers, we don't just loose police officers we loose knowledge which takes years to replace and sometimes not, special thanks to Gary Brizzee as he is an exceptional individual, dedicated to the community and a tremendous loss to the City, he was very professional and approachable, questioned about the changing of the utility system and the way it was rolled out, are we saving money, is it faster or easier, a little bit of explanation would have been helpful and provide the reason this was necessary, another issue of concern he has is when someone comes up to the podium they are exercising their first amendment rights, the burden is not on the public to have their information correct it is your job to provide it, they should not be threatened with violence or intimidation, spoke of a hostile work environment and the city manager has caused this, reading from a letter and then stating nothing has been done about these egregious acts by Pinheiro and he is why we are losing staff; MARIBEL GARCIA, Los BAnos Downtown Association, thanked all that came out to support us at the Annual Tree Lighting Celebration and thanked those who sponsored, spoke regarding the window contest and who the winners were, how they will be having our annual reception with the board of directors in December, she handed out the first newsletter for the Downtown Association, and to have a wonderful evening an d a Merry Christmas and wonderful New Year; UNNAMED PERSON, stated that last time she spoke she ran out of time and wanted to finish up, spoke regarding the City Attorney and how valuable his knowledge is, spoke to the several buildings downtown she is pushing on social media, how she is a resident of downtown and spoke to homes downtown that is like her home and other buildings available downtown for businesses and how important they are because they are historical. No one else came forward to speak and the public forum was closed.

CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Council Member Lewis stated that she would like to remove items 7D, 7F, 7G, 7H from the consent agenda for discussion.

Item 7D - City Council Resolution No. 6712 - Authorizing the City Manager to Execute the Contract with Ronnys Inc. for the Construction of the Shaunessy village Park in the Amount of $897,201.03 and a Project Contingency of $89,720.00. Council Member Lewis stated that on October 18, 2023 the bids were rejected and re-bid, spoke to the funding in the budget and if anything was changed in the new bid, how Ronnys bid went up, she 18 understands the reason to rebid but is concerned with the cost and increase in cost and asked for an explanation for which for which Parks & Recreation Director Heim provide.

Item 7F - City Council Resolution No. 6714 -Approving the Acceptance of a $9,477.18 UC Davis Koret Shelter Medicine Grant via Their California for All Animals Program and Amending the Fiscal Year Budget by Increasing the Appropriation Amount for Expenditures and Revenues in the Amount of $9.477.18. Council Member Lewis stated that there are items being purchased by UC Davis to help animals and wasn't quite sure how these were going to work in the scheme in making these animals more adoptable and made not of how important it is that we don't release animals who haven't been taken care of and asked for an explanation for which Police Chief Reyna provided as well as Police Sergeant Mendez.

Item 7G - City Council Resolution No. 6715 - Amending the Fiscal Year 2023-2024 Budget by Increasing Appropriations in the Street & Road Improvements-Overlay Account 100-431-210-715 and Authorizes the Interim Public Works Director/City Engineer to Execute Change Order No. 3 to the Contract with United Pavement Maintenance, Inc. in the Amount of $595,271.70 for the Additional Rehabilitation of Birch Avenue. Council Member Lewis stated that this is another time coming back with another change order, inquired as to would it have cost the City to go with Recommendation 1, is this just a part of Birch Avenue or all of it, and how she has heard that that area was a bog area and asked for an explanation for which Interim Public Works Director/City Engineer Lemus provided.

Item 7H - City Council Resolution No. 6716 - Authorizing the City Manager to Execute a Professional Services Agreement with Vanir Construction Management. Inc. for Project Management Services for the New Fire Station No. 4 Project in the Amount of $35,435.00.

Council Member Lewis stated that we did receive the $5 million back in 2019 to fund this project and has heard there is some issue with the soil, spoke to the pre-design services and the other phases and if there will there be anything left over to help build those facilities and asked for an explanation for which Fire Chief Tualla provided.

Motion by Lewis, seconded by Begonia to approve the consent agenda as follows: Check Register for #242034 - #242282 in the Amount of $2,659,365.04; Minutes for the October 18, 2023 City Council Meeting; Minutes for the November 1, 2023 City Council Meeting.; City Council Resolution No. 6712 - Authorizing the City Manager to Execute the Contract with Ronnys Inc. for the Construction of the Shaunessy village Park in the Amount of $897,201 .03 and a Project Contingency of $89,720.00; City Council Resolution No. 6713 - Accepting the Exterior Painting of Four (4) City-Owned Buildings Project as Complete and Authorizing the Filing of a Notice of Completion with the Merced County Recorder; City Council Resolution No. 6714 -Approving the Acceptance of a $9,477.18 UC Davis Koret Shelter Medicine Grant via Their California for All Animals Program and Amending the Fiscal Year Budget by Increasing the Appropriation Amount for Expenditures and Revenues in the Amount of $9,477.18; City Council Resolution No. 6715 -Amending the Fiscal Year 2023-2024 Budget by Increasing Appropriations in the Street & Road Improvements-Overlay Account 100-431-210-715 and Authorizes the Interim Public Works Director/City Engineer to Execute Change Order No. 3 to the Contract with United Pavement Maintenance, Inc. in the Amount of $595,271.70 for the Additional Rehabilitation of Birch Avenue; City Council Resolution No. 6716 - Authorizing the City 19 Manager to Execute a Professional Services Agreement with Vanir Construction Management, Inc. for Project Management Services for the New Fire Station No. 4 Project in the Amount of $35,435.00. The motion carried by the affirmative action of all Council Members present, Mayor Llanez absent.

PUBLIC HEARING TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF A CONDITIONAL USE PERMIT #2023 09 AND A CATEGORICAL EXEMPTION FROM

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 15301, EXISTING FACILITIES, TO ALLO'J'J THE USE OF A TYPE 41

ALCOHOL LICENSE FOR THE ON SALE OF BEER AND 'A'INE FOR A BONA FIDE EATING PLACE, BIGGINS TEXAS BBQ LOCATED AT 609 I STREET, APN 025 231 019; CITY COUNCIL RESOLUTION NO. 6717 FINDING THE PROPOSED PROJECT

TO BE CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO SECTION 15301 , EXISTING FACILITIES AND APPROVING CONDITIONAL USE PERMIT #2023 09 TO ALLO'A' FOR THE ON SALE OF BEER AND 1."!INE UNDER A TYPE 41 ALCOHOL LICENSE AT 609 I STREET, MORE SPECIFICALLY IDENTIFIED AS APN 025 231 019. Removed from the agenda at the beginning of the meeting with approval of the agenda.

ADVISEMENT OF PUBLIC NOTICES. (Two Reports). Community & Economic Development Director Souza Elms reported that there will be two public hearings at the December 13, 2023 Planning Commission Meeting to consider a Categorical Exemption from the California Environmental Quality Act (CEQA) and a Conditional Use Permit #2023-12 to allow the use and operation of a fabrication (metal welding) for Lartech. The subject property is located in the Highway Commercial Zoning District at 1235 E St. , more specifically identified as Assessor's Parcel Number: 025-142-017 and to consider a Categorical Exemption from the California Environmental Quality Act (CEQA) and Vesting Tentative Parcel Map #2023-03 to allow the minor subdivision of a 1.08-acre parcel into four parcels and a remainder parcel for Chateaux at The Villas. The subject property is located in the Low Density Residential Zoning District, east of Center Ave., more specifically identified as Assessor's Parcel Number: 431-270-015.

CITY MANAGER REPORT. City Manager Pinheiro thanked the many folks for their years of service, thanked the Admin team for the reception put on tonight, how the Christmas Parade this year was excellent and thanked City staff for all their hard work, and reminded all about the upcoming Breakfast with Santa event on December 9, 2023.

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

JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT (SJVAPCD), AND LOS

BANOS DOWNTOWN PROPERTY & BUSINESS IMPROVEMENT DISTRICT (LBDPBID). Council Member Lewis reported that the SJVAPCD has its annual Governing Board study session last week with various topics of discussion, i.e. fire prevention, $1 million grant from the State of California to help communities in low income areas to purchase air filters and where you can apply online, some talk about zero admission trucks, funding and outreach opportunity for firework impacts with a pilot program on a first come first serve basis with the idea to move away from pyro and to the laser light shows and maybe this is something the Downtown Association might like to go after this funding opportunity.
20 CITY COUNCIL MEMBER REPORTS
BRETT JONES: No report
DEBORAH LEWIS: Thanked the Chamber of Commerce for moving the Christmas Parade form Friday to Saturday and congratulated them on a great parade, shout out to the City employees who have retired, a lot of years went out the door and thanked our employees for their years of service, a job well done to all of them. She is making a formal Council Member request per policy for an update on the Homekey Motel Purchase Program and where we are on the purchase and update on the scoring system for ARPA for the next agenda at the next meeting of January 6, 2024 and wished all a Merry Christmas and to be safe and remember the reason for the season.

KENNETH LAMBERT: Thanked staff tonight for the reception tonight, thanked the City Manager and City staff for the great jobs they have done this year, to the Chamber as he wasn't able to be in the parade this year but heard it was great, congrats to those retiring and how it also gives opportunities to others to move up, how someone brought up the utility software during the public forum and how he was one that voted for it, it is a work in progress and we will get it worked out. He made note that the December 20, 2023 meeting is cancelled and the next meeting is January 3, 2024 DOUGLAS BEGONIA, JR.: Congrats to all receiving retirement recognition tonight and congrats to all who put on the Christmas parade and thanked the community for showing up big time, and spoke regarding the Breakfast with Santa event coming up Saturday.

PAUL LLANEZ: Absent
ADJOURNMENT. Motion by Begonia, seconded by Lewis, the meeting was adjourned at 7:46 p.m. The motion carried by the affirmative action of all Council Members present, Llanez absent.

APPROVED:

Kenneth Lambert, Mayor Pro Tern
ATTEST:

Lucille L. Mallonee, City Clerk
21 CITY OF LOS BANOS

CITY COUNCIL MEETING MINUTES
JANUARY 3, 2024
ACTION MINUTES - These minutes are prepared to depict action taken for agenda items presented to the City Council. For detail of this meeting refer to the electronic media (CD and/or audio) kept as a permanent record.

CALL TO ORDER: Mayor Llanez called the City Council Meeting to order at the hour of 6:03 p.m.

PLEDGE OF ALLEGIANCE: Police Chief Reyna led the pledge of allegiance.

ROLL CALL - MEMBERS OF THE CITY COUNCIL PRESENT: Council Members Douglas Begonia, Jr., Brett Jones, Kenneth Lambert, Deborah Lewis, Mayor Paul Llanez; ABSENT: None.

STAFF MEMBERS PRESENT: City Manager Pinheiro, City Attorney Vaughn, Police Chief Reyna, City Clerk/Human Resources Director Mallonee, City Treasurer Lawrence (6: 10 PM), Fire Chief Tualla, Community & Economic Development Director Souza Elms, Interim Parks & Recreation Director Heim, Interim Finance Director Kuhn, Interim Public Works Director/City Engineer Lemus
CONSIDERATION OF APPROVAL OF AGENDA: Motion by Jones, seconded by Lambert to approve the agenda as submitted. The motion carried by the affirmative action of all Council Members present.

PRESENTATIONS: CERTIFICATE OF RECOGNITION -ANDREW DENNY & JUAN

RAMIREZ - FIRE ENGINEERS, CITY OF LOS BANOS EMPLOYEES OF THE MONTH FOR NOVEMBER 2023; PROCLAMATION - RECOGNIZING THE RETIREMENT OF CITY OF LOS BANOS POLICE CHIEF GARY BRIZZEE, JR.; PROCLAMATION -

RECOGNIZING THE RETIREMENT OF CITY OF LOS BANOS POLICE SERGEANT JESSE CEJA; PROCLAMATION - RECOGNIZING THE RETIREMENT OF CITY OF LOS BANOS POLICE OFFICER NOAH JONES: PROCLAMATION - RECOGNIZING THE RETIREMENT OF CITY OF LOS BANOS FOREMAN TIM BAPTISTA, SR.;

PROCLAMATION - RECOGNIZING THE RETIREMENT OF CITY OF LOS BANOS FOREMAN ANTHONY (BUTCH) TERRANOVA. Mayor Llanez presented the certificates and proclamations, for which Javier Maganda, Juan Ramirez, Gary Brizzee, Jr., Jesse Ceja, Noah Jones were in attendance to accept.

PUBLIC FORUM: MEMBERS OF THE PUBLIC MAY ADDRESS THE CITY COUNCIL

MEMBERS ON ANY ITEM OF PUBLIC INTEREST THAT IS WITHIN THE JURISDICTION OF THE CITY; INCLUDES AGENDA AND NON-AGENDA ITEMS. NO ACTION WILL BE TAKEN ON NON-AGENDA ITEMS. SPEAKERS ARE LIMITED TO A FIVE (5) MINUTE PRESENTATION. DETAILED GUIDELINES ARE POSTED ON 22 THE COUNCIL CHAMBER INFORMATIONAL TABLE. Mayor Llanez opened the public forum and asked those at the meeting if they would like to speak. JULIE CREIGHTON, Los Banos resident, spoke regarding how the voting block of four is set to approve the Imagine Way More agreement, she has spoken with the man and impressed with his services but not the cost and explained the costs of the other bids, her second issue was a video put out with a racial slur and to continue to pursue this is not the right thing to do, I can see many other ways the $7,500 a month could be better put to use if approved, they feel tax payer dollars are their own piggy banks; CHESTER HALEY, requested that the City of Los Banos adopt labor standards to use construction apprenticeships, the policies that require this, how they provide health care for these workers and the NorCal Carpenters support this type of thing; ANN McCAULEY, Los Banos resident, spoke regarding Imagine Way More and how she spoke with a Council Member regarding Tiktoc and how serious she takes it and how all that information goes right to China, any time the City does business with anything linked to Tiktoc is a bad idea and needs to be eliminated; CAMI AVELAR gave an update on the homeless and how they seem to be growing in population and how they are still behind her house, how the Mayor a year ago talked about the homeless and nothing has changed, spoke to item 12 and the funds being specified for the old police building but it doesn't say what the plans are for those buildings and what $8 million will go towards, and if things are not going so well with our homeless hotel we can put some of that money here; UNNAMED PERSON spoke in support of not using Imagine Way More for campaigning and it should just be employees and not the Mayor or City Council as they are up for election, they did notice that it was a lot higher because it was going to offer internships to help out with videos, she has seen the good work in the Parks & Recreation is doing and appreciates it but I don't like to see tons of money spent constantly, makes her nervous; UNNAMED PERSON coming to the meetings is very informative and important for every person, is the check register for public knowledge can anyone look at it, doesn't feel we should use Tiktoc and $7,500 is a lot to spend on social media to attract people to our City, spend it in a better way, wonders what the old Police Department is being renovated into, and what's the status of the homeless hotel, restated the need for an Animal Advisory Committee and is not to follow along with the building of the shelter but something is needed to help the crisis it is in and getting a group of people to work together to come up with solutions to help, recent post about coming together to provide a list of resources, different types of services and this is something an Animal Advisory Committee could achieve, its needed now and will be needed again, doesn't understand why we can't have a committee; UNNAMED PERSON, spoke to how Tiktoc is a real issue and concern and definitely a problem and directly linked to China, the new Police Building was to consolidate all Police Services into one location and is secure, would like to know what we are spending this money on for these buildings, have the citizens participate in the decision making process, the Animal Advisory Commission would provide resources and a network for services and grants to help the animal population; UNNAMED PERSON spoke to how she thinks about the good things and not the bad things, she writes a lot on social media about the history of Los Banos, especially the homes, changes do happen and sometimes they happen for the best, spoke to the history of Los Banos fair and parade and the events that have happened throughout the years, there are good events from the history that can be 23 brought back to help the economic development of our town. No one else came forward to speak and the public forum was closed.

CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Council Member Lewis stated that she would like to remove items 7C and 7D for discussion and separate vote and item 7F for discussion.
7C - City Council Resolution No. 6718 - Authorizing the City Manager to Execute the First Amendment to the Agreement for Contract Services with Synagro-WWT, Inc. for the Dredging, Dewatering, Transportation and End Use of Recirculation Channel Solids at the Wastewater Treatment Plant and Amend the 2023-2024 Fiscal Year Budget to Increase Expenditures in the Wastewater Fund 502-433-100-231 in the Amount of $1.497,724.52. Council Member Lewis spoke to the history behind this project and now how staff is asking for an increase of $1.4 mill, she didn't see this information in the first report, there is a realization that more material needs to be removed, for a total cost of $3 million plus, inquired as to why didn't the Council know that Provost & Pritchard were involved in the project and make these findings in the first place, when they made the initial evaluation, did they go out or what was it based and asked for an explanation for which Interim Public Works Director/City Engineer Lemus provided. Council Member Lewis stated this is a really important project and if those channels are not cleaned out, we could be in danger, these companies that we hired should have done something more in depth initially so that the Council could make a decision, it needs to be done, the 2023/24 budget has $2.5 million for this and now the project comes to $3. 7 million and there is a deficit and wonders where is that money come from for which Interim Finance Director Kuhn responded to. Council Member Lewis feels that this needs to be more specific because to her it appears that this project is over budget, this needs to make sense to me and the public too, we seem to be having a lot of cost overruns, especially for big items like this and asks for these discussions so that the Council and public can have clarity. Mayor Llanez stated that we have been collecting fees for two decades and are finally addressing the problems, for which Council Member Jones noted what has happened in the past and all that is finally happening now. Council Member Lambert spoke to if I knew that his taxpayer dollars have not been spent earlier on this project, he would have been unhappy and how he lived in Hollister when there was a moratorium while they were dealing with issues like this, which will happen if we can't store waste.

Motion by Jones, seconded by Begonia to adopt City Council Resolution No. 6718 - Authorizing the City Manager to Execute the First Amendment to the Agreement for Contract Services with Synagro-WWT, Inc. for the Dredging, Dewatering, Transportation and End Use of Recirculation Channel Solids at the Wastewater Treatment Plant and Amend the 2023-2024 Fiscal Year Budget to Increase Expenditures in the Wastewater Fund 502-433-100-231 in the Amount of $1,497,724.52. The motion carried by the affirmative action of all Council Members present.
7D - D. City Council Resolution No. 6719 - Authorizing the City Manager to Execute the Contract with Perfection Painting Corp for Exterior Painting of the Los Banos Community Center Project in the Amount of $46,000 and a Project Contingency of $6,900 24 and Amend the Fiscal Year 2023-2024 Budget by Increasing the Appropriation Amount in the Recreation Account 100-451-240-205 in the Amount of $6,900. Council Member Lewis spoke to the history of this project and now this project will cost $52,900 and how there is $78,000 and wonders why there is a need for more funding and where is the increase going to come from for which Parks & Recreation Director Heim explained that there are extra services beyond this project and the funding will come from the general fund reserves.

Motion by Lambert, seconded by Begonia to adopt D. City Council Resolution No. 6719 - Authorizing the City Manager to Execute the Contract with Perfection Painting Corp for Exterior Painting of the Los Banos Community Center Project in the Amount of $46,000 and a Project Contingency of $6,900 and Amend the Fiscal Year 2023-2024 Budget by Increasing the Appropriation Amount in the Recreation Account 100-451-240-205 in the Amount of $6,900. The motion carried by the affirmative action of all Council Members present.
7F - City Council Resolution No. 6721 -Adopting a Revised Budget for the 2023-2024 Fiscal Year as it Pertains to Fire Department Overtime in the amount of $156,004.00.

Council Member Lewis inquired as to where this money was coming from for overtime for which Fire Chief Tualla explained.

Motion by Jones, seconded by Lewis to approve the consent agenda, minus items 7C and 7D as follows: Check Register for #242283 - #242639 in the Amount of $2,658,535.58; Minutes for the November 15, 2023 City Council Meeting; City Council Resolution No. 6718 Authorizing the City Manager to Execute the First Amendment to the Agreement for Contract Services •.vith Synagro V•A''{f, Inc. for the Dredging, De•.vatering, Transportation and End Use of Recirculation Channel Solids at the 'J'lastewater Treatment Plant and Amend the 2023 2024 Fiscal Year Budget to Increase Expenditures in the VVaste•.vater Fund 502 433 100 231 in the Amount of $1,497,724.52; City Council Resolution No. 6719 Authorizing the City Manager to Execute the Contract i.vith Per:f€ction Painting Corp for Exterior Painting of the Los Banos Community Center Project in the Amount of $46,000 and a Project Contingency of $6,900 and Amend the Fiscal Year 2023 2024 Budget by Increasing the Appropriation Amount in the Recreation Account 100 451 240 205 in the Amount of $6,900; City Council Resolution No. 6720 - Accepting Public Improvements for Southpointe at Regency Park, Phase 10 (Stonefield Home, Inc.); City Council Resolution No. 6721 -Adopting a Revised Budget for the 2023- 2024 Fiscal Year as it Pertains to Fire Department Overtime in the amount of $156,004.00. The motion carried by the affirmative action of all Council Members present.

Council Member Lambert left the Council Chambers.

PUBLIC HEARING - TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF A CONDITIONAL USE PERMIT #2023-09 AND A CATEGORICAL EXEMPTION FROM

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 15301, EXISTING FACILITIES, TO ALLOW THE USE OF A TYPE 41 25 ALCOHOL LICENSE FOR THE ON-SALE OF BEER AND WINE FOR A BONA-FIDE EATING PLACE, BIGGINS TEXAS BBQ LOCATED AT 6091 STREET, APN 025-231- 019j CITY COUNCIL RESOLUTION NO. 6717-FINDING THE PROPOSED PROJECT

TO BE CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO SECTION 15301 , EXISTING FACILITIES AND APPROVING CONDITIONAL USE PERMIT #2023-09 TO ALLOW FOR THE ON-SALE OF BEER AND WINE UNDER A TYPE 41 ALCOHOL LICENSE AT 609 I STREET.

MORE SPECIFICALLY IDENTIFIED AS APN 025-231-019. Community & Economic Development Director Souza Elms presented the staff report, which included a PowerPoint presentation.

Mayor Llanez opened the public hearing. BLANCHE JORGE, Los Banos, spoke regarding the historical building and how everyone knows about this location and the dress shop that was there and having wine will be nice to have in this store; ANN McCAULEY, Los Banos, stated that she has been in the restaurant many times and Mr.

Lambert runs a nice restaurant and it will be nice to have wine or beer at this location. No one else came forward to speak and the public forum was closed.

Council Member Jones stated that this is a non-routine item so that's why it is not on the consent agenda.

Motion by Jones, seconded by Begonia to adopt City Council Resolution No. 6717 - Finding the Proposed Project to be Categorically Exempt from the California Environmental Quality Act Pursuant to Section 15301, Existing Facilities and Approving Conditional Use Permit #2023-09 to Allow for the On-Sale of Beer and Wine Under a Type 41 Alcohol License at 609 I Street, More Specifically Identified as APN 025-231- 019. The motion carried by the affirmative action of all Council Members present, Lambert abstained.

Council Member Lambert returned to the Council Chambers.

CONSIDERATION OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 6722 -

APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE RESIDENTIAL REAL PROPERTY OWNED BY THE CITY LOCATED AT 1329 FRANK STREET, DOS PALOS, APN 012-104-017. Community & Economic Development Director Souza Elms presented the staff report.

Motion by Jones, seconded by Lambert to adopt City Council Resolution No. 6722 - Approving the Purchase and Sale Agreement for the Residential Real Property Owned by the City Located at 1329 Frank Street, Dos Palos, APN 012-104-017. The motion carried by the affirmative action of all Council Members present.

Mayor Llanez left the Council Chambers.

CONSIDERATION OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 6723 -

AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICE 26 AGREEMENT WITH IMAGINE WAY MORE, LLC FOR SOCIAL MEDIA CONTENT SERVICES. Council Member Lewis inquired as to why Mayor Llanez left the room and if he should state why for which City Attorney Vaughn responded. Community & Economic Development Director Souza Elms presented the staff report.

Council Member Jones stated that at the last meeting he was blindsided by the statement regarding the offensive video and how the song was selected by the business owner, it just seems pretty not fair that we are critiquing this one vendor over a song they didn't select, it was something the customer selected; he does like this use of media outlet on Facebook and lnstagram, not sure about Tiktoc and that being a part of Tiktoc would sink the City if China finds out, would be nice if we could use the newspaper to advertise information, how social media is the number one tool to get the message out of what we are accomplishing in the City, doesn't see it as a political campaign platform. Council Member Lewis stated that she looked at the contract and there is nothing different in it besides the change of a start date, they just received their license August 2023 from the State of California and we have been doing some business with this company already, she asked for information as to how we have been paying this company, the first payments were paid by checks, but the payments for June-December were all paid on a City credit card, she has never heard of an outside vendor be paid by credit card because that way it is really hard to determine how much was paid to that person, she was told that our bank credit card is US Bank, stressed that this Council is going to decide tonight what it wants to do, the video is still up with the n word, how we just celebrated Martin Luther King Jr. Day, how they were called then word consistently and it is a sore spot for the people of her culture but maybe not for my fellow Council Members, as far as Tiktoc is concerned and how the government is spying on you, if the Federal Government bans employees from being on Tiktoc why are we not making an exception and we could do that, she cannot vote for a company that will have the video up with an offensive word, she will not vote for this and we have Pacheco High School to do these types of services and to learn these skills and would a big savings to the City. Council Member Jones stated that having interns like that, do you know for a fact they have the equipment at the schools, the editing software is expensive, how we are operating a professional business here and need to hire professionals. Council Member Lambert has his thoughts on this but he will speak to her one-on-one about it.

Motion by Begonia, seconded by Jones to adopt City Council Resolution No. 6723 - Authorizing the City Manager to Execute a Professional Service Agreement with Imagine Way More, LLC. For Social Media Content Services. The motion carried by the affirmative action of all Council Members present, Lewis voting no and Llanez abstaining.

Mayor Llanez returned to the Council Chambers and stated that he recused himself from this decision because he hired Gabriel to do work for him because he does excellent work.

CONSIDERATION OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 6724 - TO

COMMIT FUNDING TO RENOVATE AND EQUIP THE POLICE DEPARTMENT MAIN 27 BUILDING LOCATED AT 945 5TH STREET AND THE POLICE ANNEX LOCATED AT 535 J STREET. Interim Finance Director Kuhn presented the staff report.

Motion by Jones, seconded by Lambert to adopt City Council Resolution No. 6724 - To Commit Funding to Renovate and Equip the Police Department Main Building Located at 945 5th Street and the Police Annex Located at 535 J Street. The motion carried by the affirmative action of all Council Members present.

COUNCIL MEMBER REQUEST REGARDING AN UPDATE FOR THE HOMEKEY PROGRAM & MOTEL PURCHASE (Council Member Lewis). Council Member Lewis stated that she would like to have an update on the Homekey & Motel Purchase, she understands that we did not make the first cut and was hoping that the Council would vote to put this on the agenda so that we can get an update. Motion by Lewis, seconded by Lambert to put the item Update for the Homekey Program & Motel Purchase on the January 17, 2024 agenda. The motion carried by the affirmative action of all Council Members present, Jones voting no.

COUNCIL MEMBER REQUEST REGARDING AN UPDATE FOR THE SCORING SYSTEM FOR AMERICAN RESCUE PLAN ACT (ARPA) FUNDING (Council Member Lewis). Council Member Lewis would like to bring this to a future agenda so that the Council can know where we are in the whole process and get more information on the scoring system and if there is any funds left over. Mayor Llanez stated that it is his understanding that we need reports back from businesses and Council Member Jones stated that he feels that it is premature for this update. City Attorney Vaughn inquired as to if Council Member Lewis was limiting her request to the Small Business Program or are you talking about the whole ARPA funds for which Council Member Lewis stated the Small Business Program is in the middle of what is going on and she's trying to understand it all and give the public some clarity, and if there was a scoring system.

Community & Economic Development Director Souza Elms stated that the City is done awarding loans and are currently going through the closeout process to determine if they move from a loan to a grant. City Attorney Vaughn stated that there was criteria and grants were awarded on need, there was an individual evaluation as to how COVID affected their business, there was no scoring competition. Interim Finance Director Kuhn gave the background to the ARPA funding and the process the City is going through and the closeout will come after we receive all the information from the participants, follow up letters are going out soon to anyone who hasn't turned in the required information, with the close out to hopefully happen within 45 days. Mayor Llanez stated that the goal was to give it to small businesses affected by COVID to help those affected and give them time to spend it.

ADVISEMENT OF PUBLIC NOTICES. (Three Reports). Community & Economic Development Director Souza Elms reported that there will be three public hearings at the January 10, 2024 Planning Commission Meeting to consider a Categorical Exemption from the California Environmental Quality Act pursuant to Section 15332 (In-fill Development Projects), Site Plan Review #2023-01, and Final Development Plan #2023- 01 for Seventh St. Apartments. The project consists four (4) multi-family residential structures totaling 18 units. The project site is located southwest quadrant of Seventh St. 28 and Willmott Ave. intersection; more specifically identified as Assessor's Parcel Numbers:
082-420-047; a Categorical Exemption from the California Environmental Quality Act (CEQA) and Conditional Use Permit #2023-12 to allow a place of worship for Los Banos Victory Outreach within the General Industrial Zoning District. The subject property is located at 80 W. G St., Stes. C&D, more specifically identified as Assessor's Parcel Number: 081-110-008,009; an addendum to Negative Declaration (SCH#201712060) and a Site Plan Review #2023-09 for Paradise Tomato Kitchen Warehouse Expansion.

The proposed project consists of a 234,054 square foot expansion for their current warehouse. The project site is located at 149 W. G St.; more specifically identified as Assessor's Parcel Number: 081-110-056.

CITY MANAGER REPORT. No report

REPORT/UPDATE ON MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG), PENINSULA CLEAN ENERGY {PCE), MEASURE V COMMITTEE, AND SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT (SJVAPCD}, AND LOS

BANOS DOWNTOWN PROPERTY & BUSINESS IMPROVEMENT DISTRICT (LBDPBID). Council Member Jones stated that the Downtown is getting ready for the Annual Casino Night Event to be held downtown; Mayor Llanez stated that with MCAG there are projects in the works for Los Banos with a commitment of funding for commuters to help get over the hill and what will that look like, i.e. bus transit; Mayor Llanez stated that with PCE he is happy to report that more than 5,000 customers received refunds and they are working hard to develop program, the Measure V committee has multiple projects and will be resolving intersections problems throughout town.

CITY COUNCIL MEMBER REPORTS
DOUGLAS BEGONIA, JR.: Spoke regarding College Greens Park and how he is excited to see that, especially for the special needs.

BRETT JONES: Wished all a happy New Year.

DEBORAH LEWIS: No report
KENNETH LAMBERT: Stated that hopefully this will be a great year and wished all a happy New Year.

PAUL LLANEZ: Wished all a happy New Year and thanked staff for all their work, especially Recreation and Joe Heim and Police Chief Reyna with the new Police Department.

CLOSED SESSION - CONFERENCE WITH LABOR NEGOTIATORS, PURSUANT TO GOVERNMENT CODE SECTION 54957 .6, AGENCY DESIGNATED
REPRESENTATIVES: CITY MANAGER PINHEIRO, CITY ATTORNEY VAUGHN,

HUMAN RESOURCES DIRECTOR MALLONEE, INTERIM FINANCE DIRECTOR KUHN, LEGAL COUNSEL TUFFO: EMPLOYEE ORGANIZATIONS: LOS BANOS 29 POLICE OFFICERS ASSOCIATION (LBPOA), LOS BANOS POLICE SERGEANTS

ASSOCIATION (LBPSA), LOS BANOS FIRE FIGHTERS ASSOCIATION (LBFFA),

LOS BANOS POLICE DISPATCHERS/COMMUNITY SERVICES OFFICERS

ASSOCIATION (LBPDCSOA), LOS BANOS PUBLIC EMPLOYEES UNION (PUBLIC WORKS) LOCAL 1/AFSCME AND UNREPRESENTED MISCELLANEOUS
EMPLOYEES. No reportable action.

ADJOURNMENT. The meeting was adjourned at 8:45 p.m.

APPROVED:

Paul Llanez, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk

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30 31

CITY OF LOS BANOS

CITY COUNCIL MEETING MINUTES
JANUARY 17, 2024
ACTION MINUTES - These minutes are prepared to depict action taken for agenda items presented to the City Council. For detail of this meeting refer to the electronic media (CD and/or audio) kept as a permanent record.

CALL TO ORDER: Mayor Llanez called the City Council Meeting to order at the hour of 6:01 p.m.

PLEDGE OF ALLEGIANCE: Police Chief Reyna led the pledge of allegiance.

ROLL CALL - MEMBERS OF THE CITY COUNCIL PRESENT: Council Members Douglas Begonia, Jr., Brett Jones, Kenneth Lambert, Deborah Lewis, Mayor Paul Llanez; ABSENT: None.

STAFF MEMBERS PRESENT: City Manager Pinheiro, City Attorney Vaughn, City Clerk/Human Resources Director Mallonee, City Treasurer Lawrence, Police Chief Reyna, Fire Chief Tualla, Community & Economic Development Director Souza Elms, Interim Parks & Recreation Director Heim, Interim Finance Director Kuhn, Interim Public Works Director/City Engineer Lemus
CONSIDERATION OF APPROVAL OF AGENDA: Motion by Jones, seconded by Lambert to approve the agenda as submitted. The motion carried by the affirmative action of all Council Members present.

PUBLIC FORUM: MEMBERS OF THE PUBLIC MAY ADDRESS THE CITY COUNCIL

Motion by Jones, seconded by Lambert to approve the consent agenda as follows: Check Register for #242640 - #242925 in the Amount of $3,888,879.53; Second Quarter Investment Report for 2023/2024.; City Council Resolution No. 6725 - Authorizing the City Manager to Execute a Professional Services Agreement with Stantec Consulting Services, Inc. for the Wastewater Treatment Plant Irrigation Expansion Project in the Amount of $260,000; City Council Resolution No. 6726 -Authorizing the City Manager to Execute Professional Services Agreements, and the Interim Public Works Director/City Engineer to Administer Professional Services Agreements with Vanir Construction Management, Inc., CCME, Inc., C M Pros, Inc., Ghirardelli Associates, Inc. and CSG Consultants, Inc. for On-Call Construction Management Services in the Not to Exceed Amount of $300,000 Per Year; City Council Resolution No. 6727 - Accepting the Cresthills Sewer Lift Station Rehabilitation Project as Complete and Authorizing the Filing of a Notice of Completion with the Merced County Recorder (W. M. Lyles Co.); City Council Resolution No. 6728 -Adopting a Compensation Philosophy. The motion carried by the affirmative action of all Council Members present.

HOMEKEY GRANT PROGRAM UPDATE. Community & Economic Development Director Souza Elms presented the staff report.

Council Member Lewis inquired as to if there had been any money awarded to any other city with the leftover money, if there was a deadline to make a decision for which Community & Economic Development Director Souza Elms explained. Mayor Llanez thanked Community & Economic Development Director Souza Elms for all she does, as it is not free, how this is a state problem and we can only help those who want help.

Council Member Lambert stated that it's not something that we just look over, we discuss it all the time and we will share the information as soon as we get it.

Informational item only, no action to be taken.

APPOINTMENT OF COMMISSIONERS TO THE FOLLOWING COMMISSIONS:

AIRPORT ADVISORY COMMISSION - THREE (3) VACANCIES, TWO (2) TWO (2) YEAR TERMS - EXPIRING DECEMBER 31 , 2025, ONE (1) UNEXPIRED TERM - EXPIRING DECEMBER 31 , 2024; MEASURE H CITIZENS' OVERSIGHT COMMITTEE - TWO (2) VACANCIES, TWO (2) TWO (2} YEAR TERMS - EXPIRING DECEMBER 31 , 2025: PARKS & RECREATION COMMISSION -TWO (2} VACANCIES, TWO (2) TWO (2) YEAR TERMS - EXPIRING DECEMBER 31 , 2025; TREE COMMISSION - THREE (3) VACANCIES, THREE (3) TWO (2) YEAR TERMS-EXPIRING DECEMBER 31 , 2025. Motion by Begonia, seconded by Jones to appoint Denise Tarka to the Airport 33 REPORT/UPDATE ON MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG), PENINSULA CLEAN ENERGY (PCE), MEASURE V COMMITTEE, AND SAN

JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT (SJVAPCD), AND LOS

BANOS DOWNTOWN PROPERTY & BUSINESS IMPROVEMENT DISTRICT (LBDPBID). Council Member Lewis spoke to how the SJVAPCD received a grant from the state highway administration to create charging stations along Interstate 5 and a lot of kudos to the CEO of SJVAPCD for all that they do; Mayor Llanez stated that the next MCAG meeting is tomorrow, January 18, 2024 and also tomorrow is the City County Relations Dinner.

CITY COUNCIL MEMBER REPORTS
BRETT JONES: No report
DEBORAH LEWIS: No report
KENNETH LAMBERT: No report
DOUGLAS BEGONIA, JR.: No report
PAUL LLANEZ: Spoke to how he is super excited that our Los Banos Veterans Services will be at our Veterans Hall four times a month, how he let a few local students be Mayor for a day and fun that was, and urged people to please learn how your government operates, take a civics class, there is no one up here that creates a staff report, we get the information the same time as you do.

ADJOURNMENT. Motion by Lambert, seconded by Jones, the meeting was adjourned at 7:13 p.m. The motion carried by the affirmative action of all Council Members present.

APPROVED:

Paul Llanez, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk

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34 35
LOsBanos
t I 11 llli m ni
Agenda Staff Report
TO:

FROM:

DATE:

Mayor and City Council Members
Ivan Mendez, Police Sergeant @
February 7, 2024
SUBJECT: California for All Animals Grant Award
TYPE OF REPORT: Consent Agenda
Recommendation:

Approve the acceptance of a UC Davis Koret Shelter Medicine - California for All Animals Grant, in the amount of $100,000 for Fiscal Year 2024-2025 and approve an increase in City expenditures and revenues in the amount of $100,000 for Fiscal Year 2024-2025.

Discussion:

The Police Department has applied for and been awarded a one-year grant from UC Davis Koret Shelter Medicine via their California for All Animals Program.

The purpose of the grant program is to provide the Los Banos Animal Shelter the ability and resources to increase their return to home rates and decrease intakes by hosting community events. During the events, staff will provide educational material, microchipping, pet supplies and spay/neuter vouchers. In addition, staff will increase their educational outreach to Spanish speaking residents. 36 PROPOSED BUDGET/ITEMIZED LIST
(ITEMIZED BUDGET MAY VARY)

ITEM DESCRIPTION
Microchips Dog/Cat microchips
Educational Outreach-Spanish Printed educational material Spay/Neuter Vouchers $50-$200/each
Shelter Vet Services Spay/Neuter Vet budget
Pet Care Supplies- Community Dog food, cat food, leashes, collars & tags, flea medicine, food bowls, brushes, toys, beds, etc.

Community Events Branded canopy, printing, raffle prizes, microchip events, event sponsorships, event staffing
The budget for this grant, including account numbers are as follows:

Revenues:

Other Grants:

Expenditures:

Special Program
Fiscal Impact:
1 00-000-339-010 $100,000
100-429-170-270 $100,000
AMOUNT
$4,000
$2,500
$50,000
$25,000
$10,500
$8,000
Revenues and Expenditures for the 2024-2025 Fiscal Year will increase in the amount of $100,000.

Reviewed by:

B~J~ Finance Director
Attachments:
- Resolution
- UC Davis Koret Shelter Medicine Services Agreement
37 RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF LOS BANOS APPROVING
THE ACCEPTANCE OF A $100,000 UC

DAVIS KORET SHELTER MEDICINE

GRANT VIA THEIR CALIFORNIA FOR ALL

ANIMALS PROGRAM AND AMENDING THE
FISCAL YEAR 2024-2025 BUDGET BY

INCREASING THE APPROPRIATION

AMOUNT FOR EXPENDITURES AND
REVENUES IN THE AMOUNT OF $100,000.

WHEREAS, increasing our reclaim numbers while decreasing our intake numbers will be a priority; and
WHEREAS, our partnership with UC Davis Koret Shelter Medicine will provide staff the resources to increase our educational outreach efforts, in both in English and Spanish; and
WHEREAS, the Los Banos Police Department has applied for and been awarded a $100,000 grant from UC Davis Koret Shelter Medicine via their California For All Animals Program, which will allow staff to purchase necessary pet supplies and provide resources to the community, such as; microchips and spay/neuter vouchers.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby approve the acceptance of the California for All Animals grant in the amount of $100,000, beginning January 1, 2024 and ending December 31, 2024, to provide us funding that will allow to better serve the community with necessary resources and increase the appropriation limit for revenues in the amount of $100,000; and expenditures in the amount of $100,000. The budget for this grant, including account numbers is as follows:

Revenues:

Other Grants: 1 00-000-339-01 0 $100,000
Expenditures:

Special Program 100-429-170-270 $100,000
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 7th day of February 2024, by Council Member ___ who moved its adoption, which motion was duly seconded by Council Member ___ and the Resolution adopted by the following vote:
38 AYES:

NOES:

ABSENT:

APPROVED:

Paul Llanez, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
39 UC Davis Agreement# __ _

SHELTER SERVICES AGREEMENT
(Los Banos Animal Shelter)
THIS SHELTER SERVICES AGREEMENT ("Agreement") is made and entered into as of the date last signed below by and between THE REGENTS OF THE UNIVERSITY OF CALIFORNIA ("University") on behalf of its Davis Campus School of Veterinary Medicine on behalf of its Koret Shelter Medicine Program ("Facility") and LOS BANOS ANIMAL SHELTER ("Shelter") in connection with the California for All Animals statewide animal shelter assistance program ("Program").

The parties agree as follows:

1. Shelter Services. Shelter shall adhere to the scope of work described in "Exhibit A", attached hereto and by this reference made a part hereof ( coJlectively the "Services"). University shall reimburse Shelter for costs ("Expenses") pursuant to Section 2 below and as outlined in Exhibit A. "Deliverables" shall consist of report(s) and photographs, as applicable, as more fully described in Exhibit A. Additional work shall be performed only if authorized in advance by written amendment to this Agreement executed by both parties. To the extent that any provision of Exhibit A is inconsistent with this Agreement, this Agreement shall take precedence.

2. Payment by University. In consideration of Shelter's Expenses as described in Exhibit A, Facility shall pay Shelter an amount not to exceed $100,000 upon invoice from Shelter and final signature of this Agreement. Payment questions should be addressed to Nancy Bei at telephone number (530) 754-9183 or at e-mail address [email protected].

3. Term. Services shall be rendered from January 1, 2024 through December 31, 2024.

4. Endorsement Disclaimer. Nothing in this agreement shall be interpreted to indicate, imply, or otherwise suggest (i) that University supports, endorses, favors, or advances, any product or service offered, connected, or affiliated with Shelter; or (ii) that University endorses, favors, supports, or opposes, any proposal, measure, program of action, campaign, or public appeal that is advocated, promoted, advanced, or opposed by any other person or entity with respect to the subject matter presented by Shelter.

5. Amendment. This Agreement may be amended at any time by amendment in writing and signed by the parties, and no other change in any term or condition shall be valid or binding unless made by amendment.

6. Mutual Indemnification. The parties agree to defend, indemnify and hold one another harmless from and against any and all liability, loss, expense, attorneys' fees, or claims for injury or damages arising from the performance of this agreement, but only in proportion to and to the extent such liability, loss, expense, attorneys' fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of the indemnifying party, its officers, agents, students, or employees.

UCD# ---
1 of4
40 7. Insurance. The parties at their own respective costs shall carry sufficient insurance, or programs of self-insurance (general liability, workers' compensation, and auto liability), adequate to cover any claims arising from their respective activities under this Agreement.

8. Force Majeure. Neither party shall be liable for damages suffered by the other party because of University's or Shelter's failure to perform if failure is due to any cause beyond that party's control.

9. Relationship of the Parties. The parties to this Agreement sha11 be and remain at all times independent contractors, neither being the employee, agent, or representative of the other in their relationship under this Agreement.

10. Use of University's Name. Shelter shall not use the name or mark of University in any form or manner in advertisements, reports, or other information released to the public without the prior written approval of University.

11. Contract Compliance. As applicable, if this Agreement is funded wholly or in part with by a grant or contract from an agency of any state or federal government, Shelter shall comply with all terms and conditions applicable to recipients of such funds and their contractors.

12. Notice. Any notice, request, or inquiry regarding the provisions of this Agreement, its termination, or similar matters shall be directed to the appropriate party at the following address:

UNIVERSITY (regarding contracts)
Steven Kobayashi
Business & Revenue Contracts
University of California, Davis
One Shields Ave.

Davis, CA 95616
E-mail: [email protected]
UNIVERSITY (regarding project)
Karol Tapias
School of Veterinary Medicine
University of California, Davis
One Shields Ave.

Davis, CA 95616
E-mail: [email protected]
SHELTER (regarding contracts)
Ivan Mendez
Animal Shelter Supervisor
Los Banos Animal Shelter
1010 Airport Rd,
Los Banos, CA 93635
E-mail: [email protected]

13. University's Right to Use Data. University shall have the unrestricted right to use for its own purposes, including publication, any data or information which may be developed, provided by or arising in connection with the performance of this Agreement.

14. Governing Law. This Agreement shall be construed pursuant to California law.

UCD#

Page 2 ends

41 15. Federal Exclusion Warranty. Shelter warrants that it is not excluded from participation in any governmental sponsored program, including, without limitation, the Medicare, Medicaid, or Champus programs (http://exclusions.oig.hhs.gov/search.html) and the Federal Procurement and Nonprocurement Programs (https://www.sam.gov/index.html/##11#1). This agreement shall be subject to immediate termination in the event that Shelter is excluded from participation in any federal healthcare or procurement program.

16. Audit Requirements. The Agreement, and any pertinent records involving activities related to the services provided pursuant to the terms and conditions of this Agreement, shall be subject to the examination and audit of the California State Auditor and any other duly authorized agents of the State of California for a period of three (3) years after the date of final payment hereunder.

Shelter hereby agrees to make all such records available during normal business hours to inspection, audit and reproduction by University and any duly authorized local, state and/or federal agencies. Any and all examinations and audits conducted hereunder shall be strictly confined to those matters connected with the performance of this Agreement, including, without limitation, the costs associated with the administration of this Agreement.

17. Termination. University may terminate this Agreement at any time by giving Shelter thirty (30) calendar days' written notice of such action. If this Agreement is terminated, Shelter shall retain any funds expended or committed for the purposes of this Agreement and will return any unexpended funds.

18. Entire Agreement. This Agreement constitutes the entire understanding of the parties respecting the subject matter hereof and supersedes any prior understanding or agreement between them, written or oral, regarding the same subject matter.

AGREED:

LOS BANOS ANIMAL SHELTER
By:-----------
( authorized signature)
Print name: --------
Title: -----------
Date: __________ _

THE REGENTS OF THE

UNIVERSITY OF CALIFORNIA
By: __________ _
UC Davis
Date: -----------
UCO#

Page 3 of 4 ends

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42 43
Exhibit A
Scope of Work

1. Purpose of the work: Los Banos Animal Shelter will increase return to home rates and decrease intakes by hosting community events where they will provide free microchipping, free pet supplies and spay/neuter vouchers. Los Banos Animal Shelter will also translate materials to Spanish to better assist their Spanish speaking community members.

2. Roles and responsibilities of each party: Los Banos Animal Shelter will provide historical data from 2018 to 2022, and annual data through 2026 to UC Davis Koret Shelter Medicine Program in support of the California for All Animals (CA4AA) program. KSMP will support the shelter to comply with data requirements. No University equipment will be used.

3. Dates and times will the work be completed: Work will be completed during the contract period of January 1, 2024 through December 31, 2024.

4. Location where work will be performed: 1010 Airport Rd, Los Banos, CA 93635

5. Required deliverables: One.final report will be required upon completion of the program. Additional touch points during the grant will be discussed with project officer.

6. Project milestones: Program pilot to be completed by December 31, 2024.

7. Total cost of the services: Total of services not to exceed $100,000. No construction costs will be funded through this grant.

Items:

Microchips
Translations
Spay/Neuter vouchers
Veterinarian stipend
Pet supplies
Community events
$4,000
$2,500
$50,000
$25,000
$10,500
$8,000
Total expenses: $100,000

8. Payment schedule: Payment will be upon execution of the agreement.

9. Anticipated additional work: Additional work is not anticipated at this time.

UCD# __
4 of4

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44 45
TO:

FROM:

DATE:

SUBJECT:

LOsBanos
At the Crossnuuls o .. ~aliforuia
Agenda Staff Report
Mayor & City Council Members
Josh Pinheiro, City Manager l
February 7, 2024
Employment Agreement for Public Wo s Director/City Engineer - Charles Bergson
TYPE OF REPORT: Consent Agenda
Recommendation:

That the City Council approve a Resolution accepting and approving the Employment Agreement for Public Works Director/City Engineer Charles Bergson.

Discussion:

In light of the resignation of the former Public Works Director/City Engineer, the City went through a comprehensive recruitment and screening process to identify the best-qualified candidate to the Public Works Director/City Engineer position, for which Charles Bergson has been selected by the City Manager to be the City's next Public Works Director/City Engineer. Pursuant to the City Manager's appointment authority under the Los Banos Municipal Code Section 2-3.115 the City Manager has evaluated Mr. Bergson's knowledge, experience, administrative skills, and ability to serve as the City's Public Works Director/City Engineer and has determined that the Mr. Bergson has the necessary education, experience, skills and expertise to serve as the City's Public Works Director/City Engineer.

Mr. Bergson's Employment Agreement includes the following key provisions:
• Effective date: February 20, 2024
• Base salary: $198,000 annually ($16,500 per month)
• Medical / dental / vision / life insurance packages to the same extent as other exempt management employees hired after April 1, 2010.
46 • Retirement: Contribute eight-point twenty-five percent (8.25%) of Employee's reportable wages to the California Public Employees' Retirement System (CalPERS) 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 eighty (80) hours of annual vacation leave each year of employment, accruing six point six-seven (6.67) hours a month, and accumulate a maximum of one-hundred sixty (160) hours. Employee shall be entitled to any vacation buyback program applicable to other exempt management employees. • 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 Public Works Director/City Engineer, Mr. Bergson will be responsible to plan, organize, direct and review the activities and operations of the Public Works Department including parks and recreation, engineering, water, wastewater, fleet, airport, streets and solid waste; 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 $22,730 a month (salary and benefits).

Reviewed by:

Brent Kuhn, Interim Finance Director
Attachments:

Resolution/Employment Agreement
47 RESOLUTION NO. __

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS RATIFYING THE CITY

MANAGER'S APPROVAL OF THE EMPLOYMENT

AGREEMENT WITH THE PUBLIC WORKS

DIRECTOR / CITY ENGINEER CHARLES

BERGSON
WHEREAS, the City is in need of the services of a Public Works Director/City Engineer and the City has engaged in a comprehensive recruitment and screening process to identify the best qualified candidate to fill the Public Works Director/City Engineer position; and
WHEREAS, after conclusion of the recruitment process, the City Manager has selected Charles Bergson as the City's next Public Works Director/City Engineer 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 Charles Bergson's knowledge, experience, administrative skills, and ability to serve as the City's Public Works Director/City Engineer, and has determined that he has the necessary education, experience, skills and expertise to serve as the City's Public Works Director/City Engineer; and
WHEREAS, the City desires to employ Charles Bergson as Public Works Director/City Engineer; and
WHEREAS, Charles Bergson desires to accept the employment as Public Works Director/City Engineer; and
WHEREAS, the parties desire to enter into a written agreement setting forth the terms and conditions of Charles Bergson's employment as Public Works Director/City Engineer; and
WHEREAS, the City Attorney has reviewed the Public Works Director/City Engineer 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 Charles Bergson for the position of Public Works Director/City Engineer 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 Charles Bergson to serve as Public Works Director/City Engineer of the City of Los Banos as presented in Exhibit A. 48 The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 7th day of February 2024, by Council Member __ 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
49 CITY OF LOS BANOS

EMPLOYMENT AGREEMENT
Department Head-Public Works Director/City Engineer
JAN 18 2024
__ _.1his Employment Agreement ("Agreement") is made and entered into as of this I '1 day of Jt:'rn v.it~ . 2024. by and between the City of Los Banos. a California municipal corporation. ("City"), and ~harles Bergson ("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 Public Works Director/City Engineer and the City has engaged in a screening process to identify the best-qualified candidate to fill the Public Works Director/City Engineer 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 Public Works Director/City Engineer, and has determined that the Employee has the necessary education, experience, skills and expertise to serve as the City's Public Works Director/City Engineer.

3. The City desires to employ Employee as the Public Works Director/City Engineer.

4. Employee desires to accept the employment as Public Works Director/City Engineer.

5. The parties desire to enter into a written agreement setting forth the tenns and conditions of Employee's employment as Public Works Director/City Engineer.

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

1. Am,ointment and Employment
The City Manager hereby appoints Employee to the position of Public Works Director/City Engineer 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 Public Works Director/City Engineer of the City of Los Banos. Employee accepts such appointment and employment pursuant to the terms of this Agreement.

2. Term of Employment
(a) This Agreement shall become effective as of February 20, 2024 and continue until terminated as provided for in this Agreement.
l
50 3. Salary and Benefits
(a) Salary: City agrees to pay Employee an annual base salary of$198,000 ($16,500 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 February 20, 2024. Subject to a satisfactory annual perfonnance 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 I dental/ vision/ life insurance packages to the same extent as other exempt management employees hired after April 1, 2010. 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. (~~e. 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. ~.

Section 5005 E Los Banos Personnel Policy)
2 51
(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 SB Los Banos Personnel Policy). (7) Vacation Leave: Employee shall be entitled to vacation accrual of eighty (80) hours of annual vacation leave each year of employment, accruing ten (6.67) hours a month, and accumulate a maximum of two hundred forty (160) hours. Employee shall be entitled to any vacation buyback program applicable to other exempt management employees. (See. Section 5005 K, Division 5-C Los Banos Personnel Policy).
(8) Education Incentive Pay: Employee shall be entitled to education incentive pay in accordance with the following formula. (See, Section 5005 N, Division 5-H Los Banos Personnel Policy).
$100 per month for AN 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 ( I 0) work days off, with full salary and benefits, during every fiscal year of employment. Every July I st, 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).
(I 1) Professional Development: City shall budget and shall pay, as stated in the approved budget, for reasonable travel and training expenses of Employee for professional and official travel, meetings, and occasions. The amount shall be adequate to continue the professional development of Employee and to adequately pursue necessary official and other functions for City. ( 12) Holidays: Employee shall be entitled to Holidays to the same extent as other exempt management employees. (See, Section 5005 L, Division 5-E Los Banos Personnel Policy). 3 52
(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 tenn 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 seive as Public Works Director/City Engineer and perform those duties of the Public Works Director/City Engineer under the direction of the City Manager as set forth in the Public Works Director/City Engineer 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 pennissible and proper duties and functions as the City Manager shall from time to time assign. The City may amend the Public Works Director/City Engineer 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 Public Works Director/City Engineer 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 perfonnance objectives to be accomplished during the next year and used as a basis for the next performance evaluation. In the City Manager's sole discretion, the perfonnance of Employee may be reviewed on a more frequent basis.
4 53

7. Separation - At Will Employment
(a) The parties expressly agree that the position of Public Works Director/City Engineer is an "at-will11 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 Public Works Director/City Engineer, 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 those code sections, the tenns of those code sections shall govern the contractual relationship between the employer and employee.
5 54
( e) Termination or Removal for Cause. Notwithstanding any provision of this Agreement to the contrary, the City Manager may terminate Employee's employment for cause at any time, and if Employee is terminated or removed for cause, they shall not be entitled to payment of severance compensation or any other compensation or damages.
"Cause" shall include the following reasons:
(i) an act in bad faith and to the detriment of the City; (ii) refusal or failure to act in accordance with any specific lawful direction or order of the City Manager;
(iii) unfitness or unavailability for service that exceeds thirty (30) consecutive calendar days and is not the result of any excused illness or medical condition;
(iv) commission of an act involving moral turpitude or other acts which harm the reputation of or interests of the City;
(v) habitual neglect ofresponsibilities, or incompetence; (vi) a conviction of a felony or other crime punishable by jail or imprisonment in the jurisdiction involved ( or entry of a plea of guilty or nolo contendere with respect to any such crime);
(vii) possession of, use of, or working while under the influence of alcoholic beverages or other non-prescribed controlled substances or abuse/misuse of lawfully prescribed controlled substances during working hours; (viii) engaging in an actual conflict of interest;
(ix) commission of acts of theft, embezzlement, or fraud; (x) acceptance of bribes or extortion;
(xi) material breach of this Agreement by Employee.

If this Agreement is terminated by the City Manager 11for 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 tennination for cause, Employee will have no recourse under this Agreement or any administrative procedure for purposes of challenging the termination action. (t) In the event of termination, any City equipment or property will be promptly returned to the City. In addition, any and all finished and unfinished documents, data, reports and materials are the property of the City and shall be promptly delivered to the City Manager.

Employee shall keep all information acquired through his position in the strictest confidence.

8. Compliance with Government Code Section 53243 et seq. (Assembly Bill No. 1344). (a) In the event the City determines to place Employee on paid leave pending an investigation, Employee shall fully reimburse such pay to the City if he is subsequently convicted of a crime involving the abuse of his office or position. 6 55
(b) In the event the City detennines 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 tenn of this Agreement, if this Agreement is tenninated, 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 pwposes 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 I, 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:

City of Los Banos
Attn: City Clerk
520 J Street
Los Banos, CA 93635
Charles Bergson
::J+t7 Cr-oc:.ke~ I)y--.- ve
5e1;;f-,qmt!n+~ CA q 'f81 B
1 56

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 Invalidity
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. Attorney's Fees
In the event of any legal action between the parties hereto to enforce the provisions of this Agreement, the prevailing party shall be entitled to attorney's fees and costs.

17. Representations
City and Employee each represent and warrant to the other that each has received legal advice from independent and separate legal counsel with respect to this Agreement, or has knowingly declined to obtain such legal advice, and further represent and warrant to each other that each has carefully reviewed this Agreement and each and every term hereof. This Agreement shall not be construed against the party or its representatives who draft it or any portion hereof. 8 57

18. Countemarts
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/ 5'c»1JV Z D 2 fATTEST:
t~ __ f.~
Lucille L. Mallonee, City Clerk
APPROVED AS TO FORM:
::J$i;~
9 THIS PAGE IS INTENTIONALLY LEFT BLANK
58 59

CITY OF LOS BANOS
Job Description

POSITION TITLE

DEPARTMENT

EMPLOYMENT CATEGORY

EMPLOYMENT LEVEL

DEFINITION

PUBLIC WORKS DIRECTOR/

CITY ENGINEER

PUBLIC WORKS
EXEMPT

MANAGEMENT/ AT-WILL
To plan, organize, direct and review the activities and operations of the Public Works Department including parks and recreation, engineering, water, wastewater, fleet, airport, streets and solid waste; 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.
• Recommend the appointment of personnel; provide or coordinate staff training; conduct performance evaluations; implement discipline procedures as required; maintain discipline and high standards necessary for the efficient and professional operation of the Department.
• Answer questions and provide information to the public; investigate complaints and recommend corrective action as necessary to resolve complaints. • Build and maintain positive working relationships with co-workers, other City employees and the public using principles of good customer service. • Maintain skills through continuing education and training. • Attend various meetings, trainings, etc.

Public Works Director/City Engineer

Page 1 of 4 ends

60 • 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.
• SupeNise and participate in the development and administration of the Public Works 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 streets, water, solid waste, and wastewater including the design, operation, construction, maintenance and repair of utility facilities; direct the City's fleet and airport activities. • Prepare and implement long-range planning for public works systems and improvements; prepare public works conditions to be placed on new and redeveloped parcels.
• 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 utility and electrical facilities.
• Review plans, engineering reports and budget estimates prepared by subordinates, outside consultants and other City departments.
• Perform the responsibilities of the City Engineer which includes approving and signing all tentative and final subdivision maps.
• Evaluate, recommend, and administer professional engineering consultants and contracts.
• Prepares composite reports from individual reports of subordinates. • Evaluates public works needs, including transportation and trails projects, and formulates short and long range plans to meet needs in all areas of responsibility. • SupeNises the review of private project development plans for compliance with codes, regulations, and standards adequacy of applications for permits and compliance with approved plans.
• Oversees the development or update of the Traffic Impact Fee Program Sewer Master Plan, Water Master Plan, the Capital Improvement Program, and other plans involving the municipal infrastructure.
• Oversees the preparation of engineering plans and specifications, bidding competency of contractors and vendors, and the selection criteria for public contracts.
• Maintains regular contact with consulting engineers, construction project engineers, City, County, State and Federal Agencies, professional and technical groups and the general public regarding division activities and seNices. • Oversees administration of the Solid Waste Franchise Agreement. • Oversees the Recreation Division and general plans for the recreation needs of the community.
• Adjusts errors and complaints.

Public Works Director/City Engineer

Page 2 of 4 ends

61 • Perform other related duties as assigned.

Knowledge of:
• Budgeting procedures and techniques.
• Pertinent local, State and Federal laws, rules and regulations. • Modern office procedures and computer equipment.
• Principles and practices of leadership, motivation, team building and conflict resolution.
• Principles and practices of organizational analysis and management. • Principles and practices of supervision, training, and personnel management. • Principles and practices of civil engineering as applied to the field of Municipal Public Works.
• Principles and practices of civil engineering, including project management, design, contract administration, and construction management. • Principles, practices, methods, materials, techniques and equipment used in the construction, operation and maintenance of fleet, water, sewer, streets, forestry, and solid waste systems.

Ability to:
• Plan, direct and control the administration and operations of the Public Works Department.
• Organize and direct the Public Works 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.

Public Works Director/City Engineer

Page 3 of 4 ends

62 • Analyze problems, identify alternative solutions, project consequences of proposed actions and implement recommendations in support of goals. • Develop and implement programs to meet the needs of the City. • Effectively oversee multiple projects simultaneously while managing project costs, resources and schedules.
• Prepare and present staff reports at City Council meetings; attend City Council meetings.
• Organize, direct and implement comprehensive engineering programs.

MINIMUM QUALIFICATIONS
• Possession of a valid California Class C driver license. • Possession of a valid Certificate of Registration as a Civil Engineer issued by the California State Board of Registration for Professional Engineers. • Bachelor's degree from an accredited college or university in Civil Engineering, or closely related field.
• Seven (7) years of increasingly responsible professional engineering experience, including five (5) years of administrative and management experience in a city, county, state, or federal public works capacity.

DESIRED QUALIFICATIONS
• Land Surveyor Registration.
1/24
Public Works Director/City Engineer

Page 4 of 4 ends

63 LOsBanos
t lite Cros.'itocul , f ( al~for11w
Agenda Staff Report
TO:

FROM:

DATE:

Mayor & City Council Members
Paul Tualla, Fire Chief
February 7, 2024
SUBJECT: Measure P Citizens Oversight Committee
TYPE OF REPORT: Consent Agenda
Recommendation:

The Fire Chief and Police Chief held separate interviews with four Measure P Citizens Oversight Committee applicants. It is recommended that Council approve the attached Resolution approving the re-appointment of Deborah "DJ Barcellos and the appointment of Harriet Schott and Steven Soares as new committee members to the Measure P Citizens Oversight Committee.

Background:

Ordinance No. 1020 (Measure P) established a seven (7) member Citizens Oversight Committee to represent the community and to ensure that Measure P monies are expended as specified in the Ordinance.

The Ordinance also requires the Fire Chief and Police Chief to submit Committee Member names to the City Council for ratification.

Discussion:

The City advertised in the local newspaper for persons interested in serving on the Measure P Citizens Oversight Committee. Staff received letters of interest from Harriet Schott, Kathy Ballard, and Steven Soares and a request from current Committee 64 Member Deborah "DJ" Barcellos requesting re-appointment to the Measure P Committee. It has been past practice to appoint members to an additional term when requested. I feel we have a very good slate of members and would request the Council approve the requested Resolution and committee as submitted.

Fiscal Impact:

No Fiscal Impact.

Attachments:

Ordinance 1020
Resolution
Staff report- Measure P Committee (02-07-24).doc
65 ORDINANCE NO. 1020

AN ORDINANCE OF THE PEOPLE OF THE CITY OF LOS BANOS,
CALIFORNIA, AMENDING TITLE 3, "REVENUE AND FINANCE," OF THE LOS BANOS MUNICIPAL CODE BY ADDING CHAPTER 12.1, "LOS
BANOS POLICE, FIRE, PUBLIC SAFETY/911 SPECIAL TRANSACTIONS (SALES} AND USE TAX," TO THE LOS BANOS MUNICIPAL CODE
The People of the City of Los Banos do ordain as follows:

Section 1. AMENDMENT TO CODE. Title 3, "Revenue and Finance," of the Los Banos Municipal Code is hereby amended by the addition of Chapter 12.1, "LOS BANOS POLICE, FIRE, PUBLIC SAFETY/911 SPECIAL TRANSACTIONS (SALES} AND USE TAX" to read as follows:
"CHAPTER 12.1"
Los Banos Police, Fire, Public Safety/911 Special Transactions (Sales) and Use Tax Sections:
3-12.1.005
3-12.1.010
3-12.1.020
3-12.1.030
3-12.1.040
3-12.1.050
3-12.1.060
3-12.1.070
3-12.1.080
3-12.1.090
3-12.1.100
3-12.1.110
3-12.1.120
3-12.1.130
3-12.1.140
3-12.1.150
3-12.1.160
3-12.1.170
3-12.1.180
3-12.1.190
3-12.1.200
3-12.1.210
3-12.1.220
3-12.1.230
Chapter Title
Purposes
Operative Date
Special Transactions (Sales) Tax
Special Use Tax
Citizens Oversight Committee
Account and Report
Maintenance of Effort
Revenue Distribution
Disposition of Monies Collected; Expenditure Plan
Advancement of Funds
Specially-Funded Personnel and Purchases Authorization
State Requirements
Contract with State
Place of Sale
Additional Permits Not Required
Adoption of Provisions of State Law - Generally
Adoption of Provisions of State Law - Limitations
Exemptions and Exclusions
Amendments to State Law
Non-Exclusivity
Enjoining Collection Forbidden
Authority to Amend
Termination Date
3-12.1.005 Chapter Title. This Chapter shall be known as the '"LOS BANOS POLICE, FIRE, PUBLIC SAFETY/911 SPECIAL TRANSACTIONS (SALES} AND USE TAX," (the 'Act'). This Chapter shall be applicable in the incorporated territory of the City.
3-12.1.010 Purposes. The People of the City of Los Banos declare that this Chapter is adopted for the special purpose of funding additional public safety personnel, supplies and services, capital outlay items, equipment, facilities and technology improvements over the term of the tax imposed under this Chapter and paying for all incidental costs of operating this special transactions (sales) and use tax program, including administration and collections costs reimbursable to the State Board of Equalization, with any unused revenue committed to police and firefighting equipment and services.
3-12.1.020 Operative Date. This Chapter shall be effective ten (10) days after certification by the City Council of the returns of the election indicating approval by voters by a two-thirds margin of the Ordinance eoacting this Chapter, and the special transactions (sales) and use tax imposed hereunder shall be operative the first day of the first calendar quarter commencing more than 110 days after the adoption of this Chapter. Based on a November 2, 2004 election, the special transactions (sales) and use tax imposed hereunder shall be operative April 1, 2005. Upon notice 66 to the State Board of Equalization as required by law, this Chapter may be suspended, and all funding related thereto stopped, if the revenue generated under this Chapter is diverted by the State of California for purposes other than those specifically enumerated herein.
3-12.1.030 Special Transactions (Sales) Tax. For the privilege of selling tangible personal property at retail, a tax is -hereby imposed upon all retailers in the incorporated territory of the City at the rate of one-half of one percent (0.50%) of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in said territory on and after April 1, 2005.
3-12.1.040 Special Use Tax. An excise tax is hereby imposed on the storage, use, or other consumption in the City of tangible personal property purchased from any retailer for storage, use, ·or other consumption in the City at the rate of one-half of one percent (0.50%) of the sales price of the prope·rty sold on and after April 1, 2005. The sales price shall include delivery charges when such charges are subject to _the State sales or use tax regardless of the place to which delivery is made. 3-12.1.050 Citizens Oversight Committee.

A. Pursuant to the Act, there is hereby created a Los Banos Police, Fire, Public Safety/911 Special Transactions (Sales) and Use Tax Citizens Oversight Committee to review the revenues and expenditures generated and spent under this Chapter.

B. Said Committee shall consist of seven (7) members. The Police and Fire Chiefs shall together nominate each committee member. Nominees shall be appointed by motion of the City Council adopted by majority vote.

C. Membership to the Committee shall be restricted to individuals who are registered voters within the City of Los Banos.· Elected officials at any level of government and employees of the City of Los Banos are ineligible to serve as members of the Committee.

D. The members so appointed shall serve without compensation for a term of three (3) years. Except that members of the first/original Committee shall have staggered tenures. Two members will be appointed to a one-year term, two members will be appointed to a two-year term and three members will be appointed to a three-year term. All subsequent appointments will be for a threeyear term.

E. The Committee shall review the revenues and expenditures generated _and spent under this Chapter, and provide its findings to the City Council for approval, in the form of two semi-annual reports, one report (including fourth quarter information), shall be submitted no later than October 1st of each year. Unless modified by City Council Resolution, the Committee shall not have any function, power, or authority other than those expressly provided herein.

The Committee shall meet semi-annually or as often as it deems necessary to accomplish the objectives stated in this Chapter.
3-12.1 .060 Account and Report. Prior to the adoption of the City budget in June of each year, the City Manager and the Finance Officer shalt present to the City Council an account of the tax revenues received and expenditures made under this Chapter, and the funds remaining in the accounts established for their respective purposes hereunder. Concurrent with the annual account presentation, the City Manager and Finance Officer shall also report to the City Council that no funds received under this Chapter were spent for purposes other than those authorized by this Chapter.
3-12.1.070 Maintenance of Effort. Notwithstanding any provision to the contrary, revenues received under this Chapter shall not be used to replace general fund expenditures for normal operations at the previous years' levels, nor shall revenues received under this Chapter be used to fund, supplant, or supplement the salaries and benefits of existing personnel or other positions not created under this Chapter. 67 3-12.1.080 Revenue Distribution. Net revenues received under Section 3-

12.1.090 shall be distributed as follows:

A. Tax proceeds sufficient to hire 3 additional firefighter/emt's in year one and 3 additional firefighter/emfs in year two for a total of 6 firefighter/emt's which shall include start up equipment and protective gear not to exceed $4,000 per firefighter, salaries and benefits, merit based wage increases, and up to a 2% annual cost of living adjustment as negotiated per labor agreements and rank adjustments in year two, transitioning 3 firefighters to the rank of Captain to accommodate span of control and training needs.

B. Tax proceeds sufficient to hire 2 additional sworn police officers in year one and 1 additional sworn police officer in year twelve for a total of 3 sworn police officers which shall include start up equipment and protective gear not to exceed $4,000 per officer, salaries and benefits, merit based wage increases, and up to a 2% annual cost of living adjustment as negotiated per labor agreements and 2 police cruisers.

C. Tax proceeds sufficient to hire additional support police staff as follows; 1 additional community services officer in year one and 1 additional community services officer in year eighteen and 1 additional police crime analyst in year three which shall include salaries and benefits, merit based wage increases, and up to a 2% annual cost of living adjustment as negotiated per labor agreements.

D. Tax proceeds will be collected for police and fire facility upgrades and new construction of police, jail, fire and related training facilities. Police facility funding starts at $450,000 per year in year two, and increases by a 2% cost of living adjustment annually. Fire facility funding starts at $200,000 per year in year three, and increases by a 2% cost of living adjustment annually.

E. Tax proceeds not to exceed $90,000 in year one and $90,000 in year two will be utilized for specialty fire safety equipment including but not limited to upgrades to "SCBA" breathing apparatus. •
F. Tax proceeds will be utilized to acquire and support 911/dispatch capabilities to dispatch emergency and routine police and fire calls through a mobile display computerized process. After initial acquisition of the mobile display dispatch system $100,000 will be allocated in year two and each year thereafter with a 2% cost of living adjustment to support this process and to fund additional technology, equipment, and vehicle upgrades.
3-12.1.090 Disposition of Monies Collected; Expenditure Plan. After deduction of all incidental costs of operating this special transactions (sales) and use tax program, including, but not limited to, administration and collection costs reimbursable to the State Board of Equalization, and in accordance with the distribution allocation set forth in Section 3-12.1.080, all remaining monies collected under and pursuant to the provisions of this Chapter shall not be deposited into the City's general fund, but shall, instead, be deposited and paid into a special account of the City, which is hereby established, and earmarked for the purposes as outlined section 3-12.1.080, and which shall be paid only from the revenues of this account and not from the City's general fund.

Additional funds [after allocating funds as outlined in section 3-12.1.080] will be allocated to augment public safety services. Additional manpower, equipment, services and supplies, capital outlay items and facility needs will be submitted by the police and fire chiefs to the oversight committee and the committee will make funding suggestions to the city manager and City Council. The City Council will then approve and authorize additional expenditures to the benefit of public safety services.

The balance on this special account shall earn interest, which shall be deposited back into the account. •
68 3-12.1.100 Advancement of Funds. The City Council, at its sole and complete discretion, may advance funds from the City's general fund into the special account, established in section 3-12.1.090, in order to accomplish the objectives of this Chapter. Any advancement from the City shall be reimbursed by the special account, to the City, with interest calculated at the same rate the City receives in its investment portfolio during the time of the advancement, within twenty-four (24) months of the date of the advance.
3-12.1.110 Specially-Funded Personnel and Purchases Authorization.

Pursuant to the purposes and intent of this Chapter, the hiring of additional personnel and purchases necessary to accomplish the goals of this Chapter are hereby authorized. The City Manager is directed to create a system to designate and classify the employees hired and supplies and services and capital outlay purchases made from the tax revenue generated under this Chapter, as SpeciallyFunded Personnel, Supplies and Services, and Capital Outlay Items, so that City general fund expenditures for public safety are not reduced or avoided. 3-12.1.120 State Requirements. Pursuant to the requirements of the State Board of Equalization, this Chapter is adopted to achieve the following, among other purposes, and directs that the provisions hereof be interpreted in order to accomplish those purposes:

A. To impose a retail transactions (sales) and use tax in accordance with the provisions of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and Section 7285.91 of Part 1.7 of Division 2 which authorizes the City to adopt this tax ordinance which shall be operative if a 2/3 majority of the electors voting on the measure vote to approve the imposition of the tax at an election called for that purpose.

B. To adopt a retail transactions (sales) and use tax ordinance that incorporates provisions identical to those of the Sales and Use Tax Law of the State of California insofar as those provisions are not inconsistent with the requirements and limitations contained in Part 1.6 of Division 2 of the Revenue and Taxation Code.

C. To adopt a retail transactions (sales) and use tax ordinance that imposes a tax and provides a measure therefore that can be administered and collected by the State Board of Equalization in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from, the existing statutory and administrative procedures followed by the State Board of Equalization in administering and collecting the California State Sales and Use Taxes.

D. To adopt a retail transactions (sales) and use tax ordinance that can be administered in a manner that will be, to the greatest degree possible, consistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, minimize the cost ofcollecting the transactions (sales) and use taxes, and at the same time, minimize the burden of record keeping upon persons subject to taxation under the provisions of this Chapter.
3-12.1.130 Contract with State. Prior to the operative date of this Chapter, as required by State law, the City shall contract with the State Board of Equalization to perform all functions incident to the administration and operation of the special transactions (sales) and use tax imposed under this Chapter; provided, however, that if the City shall not have contracted with the State Board of Equalization prior to the operative date of this Chapter, the City shall nevertheless so contract and in such case the operative date of the special sales tax shall be the first day of the first calendar quarter following the execution of such contract. 3-12.1.140 Place of Sale. For the purposes of this Chapter, all retail sales are consummated at the place of business of the retailer, unless the tangible personal property sold is delivered by the retailer, or his or her agent, to an out-of-state destination or to a common carrier for delivery to an out-of-state destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the State sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the State, or 69 has more than one place of business, the place or places at which retail sales are consummated shall be determined under the rules and regulations to be prescribed and adopted by the State Board of Equalization.
3-12.1.150 Additional Permit Not Required. If a seller's permit has been issued to a retailer under Section 6067 of the Revenue and Taxation Code, an additional seller's permit shall not be required by this Chapter.
3-12.1.160 Adoption of Provisions of State Law - Generally. Except as otherwise provided in this Chapter and except insofar as they are inconsistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, all of the provisions of Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code are hereby adopted and made a part of this ordinance as though fully set forth herein. •
3-12.1.170 Adoption of Provisions of State Law - Limitations. In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code:

A. Wherever the State of California is named or referred to as the taxing agency, the name of this City shall be substituted therefore. However, the substitution shall not be made when:

1. The word 'State' is used as a part of the title of the State Controller, State Treasurer, State Board of Control, State Board of Equalization, State Treasury, or the Constitution of the State of California;

2. The result of that substitution would require action to be taken by or against this City or any agency, officer, or employee thereof rather than by or against the State Board of Equalization, in performing the functions incident to the administration or operation of this Chapter.

3. In those sections, including, but not necessarily limited to sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to:
a. Provide an exemption from this special sales tax with respect to certain sales, storage, use· or other consumption of tangible personal property which would not otherwise be exempt from this tax while such sales, storage, use or other consumption remain subject to tax by the State under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or;
b. Impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the State under the said provision of that code.

4. In Sections 6701, 6702 (except in the last sentence thereof), 6711 , 6715, 6737, 6797 or 6828 of the Revenue and Taxation Code.

B. The word 'City' shall be substituted for the word 'State' in the phrase 'retailer engaged in business in this State' in Section 6203 and in the definition of that phrase in Section 6203 of the Revenue and Taxation Code. 3-12.1.180 Exemptions and Exclusions.

A. There shall be excluded from the measure of the special transactions (sales) and use tax the amount of any sales tax or use tax imposed by the State of California or by any city, city and county, or county pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law or the amount of any State-administered transactions or use tax.

B. There are exempted from the computation of the amount of the special transactions (sales) tax the gross receipts from:
70 1. Sales of tangible personal property, other than fuel or petroleum products, to operators of aircraft to be used or consumed principally outside the county in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this State, the United States, or any foreign government.

2. Sales of property to be used outside the City which is shipped to a point outside the City, pursuant to the contract of sale, by delivery to such point by the retailer or his agent, or by delivery by the retailer to a carrier for shipment to a consignee at such point. For the purposes of this paragraph, delivery to a point outside the City shall be satisfied:
a. With respect to vehicles (other than commercial vehicles) subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, and undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code by registration to. an out-of-City address and by a declaration under penalty of perjury, signed by the buyer, stating that such address is, in fact, his or her principal place of residence; and b. With respect to commercial vehicles, by registration to a place of business out-of-City and declaration under penalty of perjury, signed by the buyer, that the vehicle will be operated from that address.

3. The sale of tangible personal property if the seller is obligated to furnish the property for a fixed price pursuant to a contract entered into prior to the operative date of this Chapter.

4. A lease of tangible personal property which is a continuing sale of such property, for any period of time for which the lessor is obligated to lease the property for an amount fixed by the lease prior to the operative date of this Chapter.

5. For the purposes of subparagraphs (3) and (4) of this Section, the sale or lease of tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.

C. There are exempted from the special use tax imposed by this Chapter, the storage, use, or other consumption in this City of tangible personal property:

1. The gross receipts from the sale of which have been subject to a transactions tax under any state-administered transactions and use tax ordinance.

2. Other than fuel or petroleum products purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this State, the United States, or any foreign government. This exemption is in addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code of the State of California.

3. If the purchaser is obligated to purchase the property for a fixed price pursuant to a contract entered into prior to the operative date of this Chapter.

4. If the possession of, or the exercise of any right or power over, the tangible personal property arises under a lease which is a continuing purchase of such property for any period of time for which the lessee is obligated to lease the property for an amount fixed by a lease prior to the operative date of this Chapter.
71 5. For the purposes of subparagraphs (3) and (4) of this section, storage, use, or other consumption, or possession of, or exercise of any light or power over, tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional light to terminate the contract or lease upon notice, whether or not such right is exercised.

6. Except as provided in subparagraph (7), a retailer engaged in business in the City shall not be required to collect use tax from the purchaser of tangible personal property, unless the retailer ships or delivers the property into the City or participates within the City in making the sale of the property, including, but not limited to, soliciting or receiving the order, either directly or indirectly, at a place of business of the retailer in the City or through any representative, agent, canvasser, solicitor, subsidiary, or person in the City under the authority of the retailer.

7. A retailer engaged in business in the City' shall also include any retailer of any of the following: vehicles subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, or undocumented vessels registered under Division 3.5 (commencing with Section 9840) of th_e Vehicle Code. That retailer shall be required to collect use tax from any purchaser who registers or licenses the vehicle, vessel, or aircraft at an address in the City.

D. Any person subject to use tax under this Chapter may credit against that tax any transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer liable for a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code with respect to the sale to the person of the property the storage, use or other consumption of which is subject to the use tax. 3-12.1.190 Amendments to State Law. All amendments subsequent to the effective date of this Chapter to Part 1 of Division 2 of the Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent V'lith Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, and all amendments to Part 1.6 and Part 1. 7 of Division 2 of the Revenue and Taxation Code, shall automatically become a part of this Chapter, provided however, that no such amendment shall operate so as to affect the rate of tax imposed by this Chapter. 3-12.1.200 Non-Exclusivity. The special sales tax levied under this Chapter is in addition to, not in lieu of, any and all other applicable taxes already in existence. 3-12.1.210 Enjoining Collection Forbidden. No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the State or the City, or against any officer of the State or the City, to prevent or enjoin the collection under this Chapter, of any tax or any amount of tax required to be collected hereunder.
3-12.1.220 Authority to Amend. In order to further the purposes and intent of this Chapter, the City Council is authorized to amend this Chapter in the following areas without a further vote of the People:

A. The composition of the Citizens Oversight Committee; B. Any change required by the State of California as a precondition to the collection of the special tax authorized hereunder; and,
C. The appropriateness to raise and increase, but not to decrease, the number of Specially-Funded Personnel Supplies and Services and Capital Outlay Items authorized under Section 3-12.1.110.

Notwithstanding any provision to the contrary, any proposed change to the tax rate or the disposition of the revenue generated under this Chapter shall be submitted to the "vote of the People."
72 3-12.1.230 Termination Date. The · authority to levy the tax imposed by this ordinance shall not expire except upon repeal by the City Council. The City Council shall consider repeal of the special transactions (sales) and use tax at public hearings in year twenty and every ten years thereafter held for that purpose.

Section 2. EFFECTIVE DATE. This Ordinance relates to the levying and collecting of the City transactions (sales) and use tax 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 two-thirds of the voters casting votes in the election.

Section 3. 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 any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

Section 4. PUBLICATION. The City Clerk is directed to cause a copy of this Ordinance to be published in the official newspaper at le1:1st once within fifteen (15) days after its approval by the voters.

APPROVED: The foregoing Ordinance was approved by the voters of the City of Los Banos at a special election held on the 2nd day of November 2004, by the following vote tally: Yes: 5,677; No: 1,607.

CERTIFIED: The election results for the foregoing Ordinance was certified by the City Council of the City of Los Banos on the 17u, day of November 2004, indicating passage of the Ordinance by two-thirds of the voters casting votes in the election.

ATTEST:
~,.

Lucille
0 L.
"«
Mallonee,
f. ~
City Clerk
73 RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS APPOINTING MEMBERS

TO THE MEASURE P CITIZENS OVERSIGHT

COMMITTEE
WHEREAS, on November 2, 2004 the voters of the City of Los Banos by more than a two thirds margin approved the Los Banos Police, Fire, Public Safety/911 Special Transactions (Sales) and Use Tax known as "Measure P"; and WHEREAS, City Council Ordinance 1020 established a Citizens Oversight Committee to review the revenues and expenditures generated and spent under the Los Banos Police, Fire, Public Safety/911 Special Transactions and Use Tax; and WHEREAS, the Citizens Oversight Committee shall consist of seven (7) individuals who are registered voters within the City of Los Banos; and WHEREAS, the Police Chief and Fire Chief shall together nominate each committee member to be appointed by a motion of the City Council and adopted by majority vote; and
WHEREAS, the members so appointed shall serve without compensation for a term of three (3) years.

NOW, THEREFORE, BE IT RESOLVED that Deborah "DJ" Barcellos, Harriet Schott and Steven Soares have been nominated by the Police Chief and Fire Chief to serve on the Los Banos Measure P Citizens Oversight Committee.

NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Los Banos does hereby appoint the following individuals to serve on the Los Banos Measure P Citizens Oversight Committee:

Deborah "DJ" Barcellos
Harriet Schott
Steven Soares
term ending December 31, 2026
term ending December 31, 2026
term ending December 31, 2026
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 7th day of February 2024, 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:
74 ABSENT:

APPROVED:

Paul Llanez, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
75 LOsBanos
TO:

FROM:

DATE
tli • Cr ,. n cul o
Agenda Staff Report
Mayor and City Council Members ~
Joe Heim, Parks and Recreation Direc~
February 7, 2024
TYPE OF REPORT: Agenda Item
SUBJECT: Sunrise Ranch Park Conceptual Design
Recommendation:

That the City Council receive the report and provide direction.

Background:
rlifo, 11ia
The Sunrise Ranch subdivision is located near Los Banos Jr. High, between Place Rd.

East B St., and San Luis St. The subdivision includes an undeveloped parcel intended to be developed as a future park location. The park is located within the boundary of Martin St., Manuel Ct., and Evelyn Ct. The proposed park is approximately 1 acre in size and includes fencing between neighboring homes on the south side of the park.

On September 12, 2023 City staff hosted a public meeting to discuss the development of the park location. The meeting was publicly advertised through the Community Center, the Parks and Recreation monthly newsletter, the Recreation Guide, Facebook and through a mailer sent to all neighboring homes to the park area.

Over 30 people attended the meeting. A presentation was provided for information relating to the benefits of parks, pocket park and neighborhood park standards, the Sunrise Ranch location and suggested and required park amenities. City staff assigned the design and engineering services for the project to O'Dell Engineering (O'Dell). Staff from O'Dell attended the September 13, 2023 meeting and received copies of all public comments received.

City staff identified that the park will provide additional service area coverage. A playground, walking pathways and a shade structure were highlighted among the 76 requests. City staff identifies that the development of the park will help to establish identity and comradery for the health of the community.

Discussion:

In December 2023, City staff identified a recommended concept and presented the concept to a Special Meeting of the Parks and Recreation Commission for discussion on January 23, 2024.

Parks and Recreation commissioners were overwhelmingly positive about the concept.

The concept includes four (4) picnic tables, two (2) BBQ pits, a shade structure, two (2) concrete comhole sets, a half-court basketball court, a playground space including a free standing climbing option and a large embankment slide. The playground will be fenced and include an exercise station. 45 trees will be planted on-site, concrete pathways will provide access throughout the park.

The park proposed amenities provides a mixture of standard neighborhood park amenities such as a basketball court, playground and shade structure. While also providing unique amenities such as an embankment slide, climbing apparatus, exercise station and comhole sets.

The park is funded from the Sunrise Ranch Park Fund, collected through impact fees related to the construction of housing in the subdivision. The estimate of probable costs for the park's construction is between $1-1.3 million. There is over $1.3 million available in the Fund, with additional funds to be collected upon the completion of the subdivision.

The timeline for the project is dependent upon City Council direction. With direction to proceed with the proposed conceptual design of the park staff will direct O'Dell to begin the engineering design process. Staff anticipates that design will be complete by summer 2024 and the project will be bid and prepared for construdion by fall 2024. Staff anticipates a winter 2024-2025 Grand Opening for the park.

Fiscal Impact:

The project has available budget of $1,375,000.00 with additional funding available through the continued construction of housing in the subdivision anticipated. The available budget encompasses both design and construction related expenses. The City is anticipating a total design and engineering cost of $148,595.00. - Brent Kuhn, Interim Finance Director
Attachments:

Sunrise Ranch Park Conceptual Park Design
77 SUNRISE RANCH PARK

G) EXISTING CONCRETE SIDEWALKS
0 PLANTING AREA
G) 4'-0" TALL TUBULAR STEEL FENCE
G) 5-12 Y.O. PLAY AREA
© PARK SIGN
© NEW CONCRETE WALKWAY
0 NEW STREET TREES
© CONCRETE CORN HOLE BOARDS AT DG
AREA
(v EXERCISE EQUIPMENT AT DG AREA
r,;:;,.. SHADE SAIL STRUCTURE OVER PICNIC
v,:;,; AREA
@ PICNIC TABLES
@ CONTRASTING CONCRETE PAVEMENT
@ BBQ PITS AT DG AREA
@ SPECIMEN TREES
@ FLOWERING TREES
@ 2' -0" WIDE CONCRETE SEATWALL
@ SHADE TREES
@ HALF COURT BASKETBALL COURT
® EXISTING DRIVE APRON
® NEW NATURAL TURF GRASS
@ RETAINING SEAT WALL WITH PLANTING
@ 2-5 Y.O. PLAY AREA WITH PIP RUBBER

HILL & EMBANKMENT SLIDE
l
N
~ 15 J-0
SCALE: 1" • 30'

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78 79
LOsBanos
Agenda Staff Report
TO: Mayor and City Council Members
Joe Heim, Parks and Recreation Dire:;:i::--7
February 7, 2024
FROM:

DATE
TYPE OF REPORT: Agenda Item
SUBJECT: Pickleball Courts Conceptual Design
Recommendation:

That the City Council receive the report and provide direction.

Background:

Pickleball is a racquet/paddle sport that utilizes a court similar to tennis courts. Courts are smaller in size than a tennis court and the game can typically be enjoyed among ages 10 and up. Pickleball is a rapidly growing sport locally and nationally. The sport's popularity can be attributed to its accessibility to people of all abilities and the natural socialization that occurs playing on a small court.

In Los Banos, the popularity of pickleball has grown exponentially since 2015. During the 2020-2021 Park Master Plan process, pickleball courts were identified as a need and a highly requested amenity from the public. The Plan identified that residents desire specialized parks such as sports fields, dog parks, skate parks, and pickleball courts to support an active recreation lifestyle. The sport's local popularity has mirrored national growth. In spring 2022, with the availability of American Rescue Plan Act (ARPA) funding, City staff began identifying possible locations for pickleball courts for review.

Consideration was given for space to allow for between 6 and 16 courts. Other considerations included possible noise impacts and the readiness of the property for construction.

Discussion:
80 Funding for major capital park projects is eligible for ARPA expenses. Expending ARPA funding would assist in reserving funding from accounts such as the Park Development Fund for possible future improvements at Pacheco Park and Colorado Ballpark.

City staff assigned the project to Cala for landscape architecture services relating to the design and construction of the pickleball courts. Initially, Cresthills Park (700 Pioneer Rd.) was identified as a suitable location for the construction of the courts. Upon further evaluation staff is recommending AG Sorts Complex (700 N. Mercey Springs Rd.) for the location of pickleball courts.

Parks and Recreation staff is recommending nine (9) courts be constructed on-site in the location between the dog park and the north softball field. The space is presently undeveloped and provides close access to the newly construction restroom and parking lot. The nine courts will be supported by bench seating, lighting and fencing. The courts are distanced away from housing and the noise impacts of the pickleball courts will be minimal. The distance from housing, the newly constructed restroom and the large parking lot are among the chief reasons that City staff recommends AG Sports Complex as a suitable location.

If proposed improvements are completed, the AG Sports Complex will serve as a premier destination park for the City of Los Banos. Offering softball fields, a large parking lot, a dog park, pickleball courts, a large playground, a restroom/concession facility, and horseshoe pits. The nine courts will provide sufficient courts for both recreation and tournament play. The walking path down the center aisle of the courts will provide a social space to encourage users to meet and interact with other members of the community.

The project is estimated between $1.9 to $2.4 million and in addition to nine courts, it will also provide shade, walking pathways, benches, trees and signage. Improvements will include a bioretention space for stormwater collection. There is also a supporting plaza entry space. City staff is seeking discussion and direction from City Council regarding the proposed location, design and budget for the project.

Fiscal Impact:

The impact of the project is anticipated to be from the American Rescue Plan Act (ARPA) Fund. The project has been prioritized within the ARPA Fund and has an estimated budget of $1.9 to $2.4 million. This amount includes design expenses and a 15% contingency.

Attachments:

Pickleball Courts Conceptual Park Design
81 EXISTING :::--7 DOG PARK !
Ol!NA AEl'lTAL
PLANTING. TYP.
!EXISTING PIC~IIC AREA

CONCRETE

PAVEMENT
COURT
LIGHTING. ! YP.

PERIMETER FENCE
s'H. TYP .

SHADE SAIL. TYP.

PERIMETER FENCE WITH
SLATS. o' H. TYP. EAST SIDE

EXISTING BASEBALL FIELD

EXISTING FIELD LIGHTING

TO REMAIN

COURT ACCESS
GATE. TYP.

COURTSIDE BENCH. TYP. RACTICE

PERIMETER FENCE WITH BACKBOARD

WEST SIDE
WINDSCREEN. 6'H, TYP. E ~IOREJH 1101>1 AREA
---~~, -t-~------- ------- -------t--
MULCH

STORAGE

CONTAINER
INTERIOR FEN<.E. 4'H PIC KLEBALL COURT,
34'W X 64' L. TYP. OF 9
'
PLANTING. TYP.
~ ru- v o s· 10· 20·

CONCEPT PLAN

AG SPORTS COMPLEX PICKLEBALL COURTS
Los Banos January 24, 2024
230Sl_Concep1Plon.indd

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Los Banos City CouncilFebruary 7, 2024

Los Banos City Council
February 7, 2024