1 LOsBanos
At the Crossroads of California
www.losbanos.org
AGENDA
CITY COUNCIL MEETING
CITY HALL COUNCIL CHAMBERS
520 J Street
Los Banos, California
MARCH 6, 2024 - 6:00 PM
Live stream on YouTube at:
, ..................................................................... https://www.youtube.com/@losbanos406 .................................................................... i f If you require special assistance to attend or participate in this meeting, please call the City Clerk's Office @ (209) 827-7000 at least 48 hours prior to the meeting. '
The City of Los Banos complies with the Americans with Disabilities Act (ADA) of 1990. * * * * * * * ** * * * * * * *
Si requiere asistencia especial para atender o participar en esta junta por favor /lame a la oficina , de la Secretaria de la ciudad al (209) 827-7000 a lo menos de 48 horas previas de la junta.
La Cuidad de Los Banos cumple con 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 mayor/a def Ayuntamiento respecto a cualquier arliculo en este orden def dia sera hecho disponible para la inspecci6n publica en la reunion yen la oficina de la Secretaria de la ciudad en City Hall, 520 J Street, Los Banos,
California durante horas de oficina normales. Ademas, tales escrituras y los documentos pueden ser anunciados en el website de la ciudad en www.losbanos.org. : .......................................................................................... ,, ........................................................................................................................................... , .................................................. :
Please note: The Brown Act provides the public with an opportunity to make public comment at any public meeting. As an alternative for in-person comments, written public comment may be made by e-mail to [email protected] or delivered to the City Clerk at City Hall, 520 J Street three (3) hours prior to the scheduled time of the meeting. Comments received will not be read aloud at the meeting, but shall be distributed to the City Council via e-mail and added to the agenda packet on the City's website for public review. Agenda packets can be found on the City's website at the following link: https://losbanos.org/category/city-council/ Los Banos City Council Agenda - March 6, 2024 Page 1 of 3 2 1. CALL TO ORDER - March 6, 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. Certificate of Recognition - Dana Rawls, Administrative Coordinator, Fire Department.
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 #243777 - #243985 in the Amount of $1,193,990.70.
Recommendation: Approve the check register as submitted.
B. City Council Resolution No. 6741 - To Delegate Authority to the City Manager to Undertake Certain Actions to Commence and Complete the Real Property Transactions for the Ortigalita Road / Pioneer Road Intersection Improvement Project.
Recommendation: Adopt the resolution as submitted.
C. City Council Resolution No. 6742 - Ratifyng the City Manager's Approval of the Employment Agreement with the Finance Director Vanessa Portillo.
Recommendation: Adopt the resolution as submitted.
D. City Council Resolution No. 6743 - Accepting the 2023 Street Rehabilitation Project as Complete and Authorizing the Filing of a Notice of Completion with the Merced County Recorder.
Recommendation: Adopt the resolution as submitted.
Los Banos City Council Agenda - March 6, 2024 Page 2of3 3 8. PENINSULA CLEAN ENERGY PRESENTATION.
Recommendation: Informational item only, no action to be taken.
9. CONSIDERATION OF ADOPTION OF ORDINANCE NO. 1204 - AMENDING TITLE 2 CHAPTER 2 ARTICLE 5 SECTION 2-2.510 OF THE LOS BANOS
MUNICIPAL CODE TO CHANGE THE MEETING DATES AND TIMES OF THE
LOS BANOS AIRPORT ADVISORY COMMISSION FROM MONTHLY MEETINGS TO QUARTERLY MEETINGS. (Second Reading & Adoption)
Recommendation: Receive staff report and adopt the ordinance as submitted.
10. MID-YEAR 2023-2024 FISCAL YEAR BUDGET REVIEW.
A. City Council Resolution No. 67 44 - Adopting a Revised Budget for the 2023- 2024 Fiscal Year as it Pertains to Expenditures and Revenues.
Recommendation: Receive the staff report and adopt the resolution as submitted.
11. ADVISEMENT OF PUBLIC NOTICES. (Two Reports.)
Recommendation: Informational item only, no action to be taken.
12. CITY MANAGER REPORT.
Recommendation: Informational item only, no action to be taken.
13. REPORT/UPDATE ON MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG), PENINSULA CLEAN ENERGY (PCE), MEASURE V COMMITTEE, AND
SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT (SJVAPCD),
AND LOS BANOS DOWNTOWN PROPERTY & BUSINESS IMPROVEMENT
DISTRICT (LBDPBID).
Recommendation: Informational item only, no action to be taken.
14. CITY COUNCIL MEMBER REPORTS.
A Douglas Begonia, Jr. - District 2
B. Brett Jones - District 3
C. Deborah Lewis - District 4
D. Kenneth Lambert- District 1
E. Paul Llanez - Mayor
15. ADJOURNMENT.
~~
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing all ~ulletin board not less than 72 hours prior to the meeting.
Sara Blevins, Assistant City Clerk Dated this 1st day of March 2024 Los Banos City Council Agenda - March 6, 2024 Page 3of3
THIS PAGE IS INTENTIONALLY LEFT BLANK
4 5
CERTIFICATE OF RECOGNITION
<Presented 'To
Dana Rawls
ADMINISTRATIVE COORDINATOR - FIRE DEPARTMENT
In recognition of your outstandtng pe,formance
and cfedtcatecf service to tfie City of Los <Banos and
for 6eing named "<Emp{oyee of tfie 9rtontfi "for Pe6ruary 2024.
Pau{ £Canez, ~ayor
(})ated: ~arcli 06, 2024
LOsBanos
At the Crossroads of Cali(,m1ia
THIS PAGE IS INTENTIONALLY LEFT BLANK
6 7
CK# 243777 - # 243985 03/06/2024 $1,193,990.70
Check Report
Check by Date
Number Payment Date
243778 02/16/2024
243779 02/16/2024
243780 02/16/2024
243781 02/16/2024
243782 02/16/2024
243783 02/16/2024
243784 02/16/2024
243785 02/16/2024
243786 02/16/2024
243787 02/16/2024
243788 02/16/2024
243789 02/16/2024
243790 02/16/2024
243791 02/16/2024
243792 02/16/2024
243793 02/16/2024
243794 02/16/2024
243795 02/16/2024
243796 02/16/2024
243797 02/16/2024
243798 02/16/2024
243799 02/16/2024
243800 02/16/2024
243801 02/16/2024
243802 02/16/2024
243803 02/16/2024
243804 02/16/2024
243805 02/16/2024
243806 02/16/2024
243807 02/16/2024
243808 02/16/2024
243809 02/16/2024
243810 02/16/2024
243811 02/16/2024
243812 02/16/2024
243814 02/16/2024
243815 02/16/2024
243816 02/16/2024
243817 02/16/2024
243818 02/16/2024
243819 02/16/2024
243820 02/16/2024
243821 02/16/2024
243822 02/16/2024
243823 02/16/2024
243824 02/16/2024
243825 02/16/2024
243826 02/16/2024
243827 02/16/2024
243828 02/16/2024
243829 02/16/2024
243830 02/16/2024
243831 02/16/2024
243832 02/16/2024
Vendor Name
Apex Annex Health Center, Inc.
Carollo Inc.
CSG Consultants Inc.
Tommy Flynn
Galvin Preservation Associates, Inc.
Halcyon Creek Inc.
Jocelyn Heredia
lnfoSend Inc.
Rick Justice
Jennifer Loa
Lucille L Mallonee
Mark Thomas & company. Inc.
Christy McCarnmond
Provost and Pritchard Engineering, Inc.
Superior Pool Products, LLC
Synagro-WWT, Inc.
Law Offices of William A Vaughn
Winner Chevrolet Inc.
Young's Air Conditioning
Aflac-Customer Service
AFSCME District Council 57
Empower Annuity Ins. Co of America
Empower Annuity Ins. Co of America
Los Banos Fitness & Racquet Club
Los Banos Police Assn
Los Banos Police Assn.
Merced County Sheriff
MissionSquare
MissionSquare
Nationwide Retirement Solutions
Professional Fire Fighter of Los Banos Local 4 703
State Disbursement Unit
Agile Occupational Medicine PC
Anderson Pump Company Inc
Aramark Uniform Ser Inc
AramarkUniform & Career Apparel Group, Inc.
AT&T Mobility
AT&T
Backflow Apparatus & Valve Co.
Dorothy June Baker
BBQ Pros
Boot Barn
Brinks Inc.
Bruce's Tire Inc
Bryce Consulting Inc.
BSK Associates
Ca Dept of Justice Cashiering Unit
California Building Standards Commission
Callyo 2009 Corp
CDTF A California Dept. of Tax & Fee
Central Sanitary Supply, LLC
Central Valley Concrete Inc.
CSG Consultants Inc.
Dept of Conservation Div of Admin Services
LOsBanos
41 th, (.rossmads of C il!f n 11fo
Payment Type Void Payment Amount
Regular 405.00
Regular 44,177.48
Regular 18,288.75
Regular 13.00
Regular 43,100.19
Regular 23,664.11
Regular 600.00
Regular 9,600.35
Regular 48.86
Regular 246.02
Regular 49.95
Regular 45,825.52
Regular 34.84
Regular 40,515.27
Regular 4,365.10
Regular 418,046.06
Regular 9,135.00
Regular 77,562.38
Regular 26,273.49
Regular 235.68
Regular 1,636.34
Regular 1,446.33
Regular 2,947.00
Regular 265.00
Regular 1,050.00
Regular 245.00
Regular 200.00
Regular 341.65
Regular 7,612.50
Regular 4,105.33
Regular 1,050.00
Regular 1,350.00
Regular 213.00
Regular 2,291.25
Regular 4,527.57
Regular 193.81
Regular 730.97
Regular 453.76
Regular 1,781.58
Regular 369.97
Regular 457.75
Regular 151.70
Regular 886.08
Regular 58.99
Regular 2,850.00
Regular 568.00
Regular 3,638.00
Regular 530.10
Regular 4,932.00
Regular 473.26
Regular 242.15
Regular 647.06
Regular 345.00
Regular 1,454.68
8 243833 02
/16
/2024 Michelle Gray Regular 650
.00
243834 02
/16
/2024 Halcyon Creek lnc. Regular
1,027.03
243835 02
/16
/2024 Halo Branded Solutions Inc. Regular 307.53
243836 02/16
/2024 Helena Chemical Co Inc Regular
1,174.50
243837 02
/16/2024 Holt of California Regular 242.04
243838 02/16/2024 InfoSend Inc. Regular
4,780.70
243839 02/16/2024 Lucas Business Systems Regular 3.61
243840 02/16/2024 Marfab Inc Regular 215.62
243841 02/16/2024 Max's Auto & Truck Repair Regular 730.00 243842 02
/16/2024 Merced County Law Enforcement Chiefs Association Regular 125.00 243843 02/16
/2024 Merced Truck & Trailer Inc Regular 28.42
243844 02/16
/2024 Vanessa Marquez Regular 350
.00
243845 02
/16/2024 O'R
eilly Auto Parts Regular 493
.74
243846 02
/16
/2024 Pace Supply Corp. Regular 807.45
243847 02
/16
/2024 PAPE Machinery Inc. Regular 188
.05
243848 02/16/2024 Pitney Bowes Inc Regular 498
.59
243849 02
/16/2024 Prot
ech Security & Electronics, Inc. Regular 270
.00
243850 02/16/2024 Randik Paper Co Regular
29023
243851 02/16/2024 RAT Incorporated Regular 258.75
243852 02/16/2024 Save Mart Supermarkets Regular 70.31
243853 02/16/2024 Sherwin Williams Co Regular 247.61
243854 02/16/2024 Shred-It US JV LLC Regular 400.82
243855 02
/16
/2024 Sorensens True Value Regular 1,490.93
243857 02
/16
/2024 Soren
sens True Value Regular 64.27
243858 02
/16
/2024 State Water Re
sources Control Board Regular 95
.00
243859 02/16/2024 Thomson Reuters (Tax & Accounting) Inc. Regular 484 .27
243860 02/16
/2024 Tractor Supply Credit Plan Regular 148
.96
243861 02/16/2024 Westside Water Conditioning Regular 193 .50
243862 02/16/2024 Sunshine Investments Regular 34.96
243863 02/16/2024 Nilda Mirandskobbar Regular 88
.92
243864 02/16/2024 Jynnette Sousa-Melo Regular 142.88
243865 02/16/2024 Ernestina Haro Regular 44.50
243866 02/16/2024 Sherri Solano Regular 92.08
243867 02
/16/2024 Luis Uranga Regular 470.12
243868 02
/16/2024 Esteban Diaz Regular 85
.34
243869 02
/16/2024 Francine Garcia Regular
68 95
243870 02/16/2024 Century Communities Regular 170.70
243871 02
/16/2024 Century Communities Regular 173.87
243872 02
/16/2024 Tommy
Nelson Regular 114
.31
243873 02/16/2024 Florentino Lopez Torres Regular 17.48 243874 02/16/2024 Home Sw
eet Home Property Management Co. Regular 111.13
243875 02/16/2024 Jose Serva Regular 117
.48
243876 02/16/2024 Century Communities Regular 153.58
243877 02/16/2024 Movement Mortage Regular 103.18
243878 02/16
/2024 Humberto Ramirez Regular 147.59
243879 02/16
/2024 Blossom Valley Realty, JR Souza Regular 74
.89
243880 02/16
/2024 D.R. Horton Regular 165.95
243881 02/16
/2024 D.R. Horton Regular 165
.15
243882 02/16/2024 Century Communities Regular 166
.74
243883 02/16
/2024 Century Communities Regular 162.78
243884 02/16
/2024 Marcos B. Hedrick Regular 123.42
243885 02/16/2024 Margarita Casas Regular 110
.92
243886 02/16/2024 Chung Kim Do Regular 72.23
243887 02/16/2024 BHHS Drysdale Properties, Cecilia Hernandez Regular 132.42 243888 02/16/2024 MHP Builders Inc Regular 173 07
243889 02/16/2024 Donald Bigham Regular 160
.69
243890 02/16
/2024 Rodrigo A Suarez Regular
42.75 243891 02
/16/2024 Horne Sweet Home Property Management Co. Regular 144.31 243892 02/16
/2024 Rochelle Toli
ver Regular 19.81
243893 02/16
/2024 Lili Yao Regular 121.37
243894 02/16/2024 MHP Builders Inc Regular 161.20
243895 02/16
/2024 Alana Villernez Regular 16.54
243896 02/16
/2024 RBG Construction Regular 186
.54
243897 02/16/2024 RBG Construction Regular 186
.54
243898 02/16/2024 RBG Construction Regular 186
.54
243899 02/16/2024 RBG Construction Regular 186.54
243903 02/22/2024 Westamerica Bank
- Cafeteria Plan Regular 93
,479.75
9 243904 02/23/2024 Joseph A. Barcellos Regular 1,500.00 243905 02/23/2024 Beam Insurance Administrators LLC Regular 19,779 .71
243906 02/23/2024 Sara Blevins Regular 402.50
243907 02/23/2024 Marisol Calderon Regular l 17.00
243908 02/23/2024 Central Valley Cardiovascular Group Inc. Regular 200.00 243909 02/23/2024 Central Valley Toxicology, Inc Regular 91.00 243910 02/23/2024 Amanda Cobos Regular 129.00
243911 02/23/2024 Compound Grounds LLC Regular 600.00
243912 02/23/2024 Foster Bros Security Systems Inc. Regular 5,681.83 243913 02/23/2024 Joe Heim Regular 129.00
243914 02/23/2024 Los Banos Downtown Assoc. Regular 84,012.88 243915 02/23/2024 Oscar Daniel Figueroa Martinez Regular 8,300.00 243916 02/23/2024 Ivan Mendez Regular 950.18
243917 02/23/2024 Pagertec Corp Regular 6,017.37
243918 02/23/2024 Pro Group Painting Regular 10,344
.60
243919 02/23/2024 Strobes N More Regular 6,665
.13
243920 02/23/2024 Sun Life Financial Regular 7,148.30
243922 02/23/2024 US Ban.le Corp Pymt System Regular 30,341.13 243923 02/23/2024 Law Offices of William A Vaughn Regular 10,316.20 243924 02/23/2024 AAA Business Supplies Regular 37.07
243925 02/23/2024 All American Plumbing Regular 1,036.39 243926 02/23/2024 Gregory Almeida Regular 10.00
243927 02/23/2024 Aramark Uniform Ser Inc Regular 489.53 243928 02/23/2024 Aramark Uniform & Career Apparel Group, Inc. Regular 876 .57
243929 02/23/2024 AT&T Regular 1,341.55
243930 02/23/2024 Dorothy June Baker Regular 1,448.29
243931 02/23/2024 Barton Overhead Door Inc Regular 1,400.00 243932 02/23/2024 BJ's Consumers Choice Pest Control Inc. Regular 152.00 243933 02/23/2024 Keith Bequette Regular 600 00
243934 02/23/2024 Ca Dept of Justice Cashiering Unit Regular 1,513.00 243935 02/23/2024 Lifeline Training Regular 597
.00
243936 02/23/2024 Callander Associates Landscape Architecture, Inc. Regular 3,872.29 243937 02/23/2024 Cal Traffic Regular 1,400.20
243938 02/23/2024 Central Valley Concrete Inc. Regular 5,775.44 243939 02/23/2024 Comcast Regular 208
.97
243940 02/23/2024 Cook's Communications Corp. Regular 145 .73
243941 02/23/2024 Josefina Chavez Regular 350
.00
243942 02/23/2024 D & D Pest Control Regular 163.00
243943 02/23/2024 Display Sales Regular 1,666.00
243944 02/23/2024 Double D Towing, LLC Regular 270.00
243945 02/23/2024 Fast Track Car Wash Regular 280.00
243946 02/23/2024 Fun Express LLC Regular 203.44
243947 02/23/2024 Galls Inc Regular 329.50
243948 02/23/2024 Girl Scouts Regular 120.00
243949 02/23/2024 Jason D. Goins Regular 1,200.00
243950 02/23/2024 Granite Construction Inc Regular 4,532.39 243951 02/23/2024 Halo Branded Solutions Inc. Regular 454 .68
243952 02/23/2024 Holt of California Regular 54.24
243953 02/23/2024 Sandy ludice Regular 350.00
243954 02/23/2024 Jerry Witt Regular 2,389.00
243955 02/23/2024 Phil Jacob Regular 250.00
243956 02/23/2024 Jorgensen & Sons Inc. Regular 531.21
243957 02/23/2024 TimJ Law Regular 1,600.00
243958 02/23/2024 Marfab Inc Regular 105.24
243959 02/23/2024 Matson Alarm Co Inc Regular 215.00
243960 02/23/2024 Emily Mendoza Regular 350.00
243961 02/23/2024 NON International LLC Regular 2,363.44 243962 02/23/2024 OSE Regular 88.44
243963 02/23/2024 O'Reilly Auto Parts Regular 336
.01
243964 02/23/2024 PG&E Company Regular 26
.04
243965 02
/23/2024 PSG Fencing Corp. Regular 800.00
243966 02/23/2024 Janett Ponce Regular 600.00
243967 02/23/2024 Maya Poplizio Regular 600.00
243968 02/23/2024 Reliance Standard Life Insurance Company Regular 6,136.68 243970 02/23/2024 Riggs Ambulance Service Regular 6.00
243971 02/23/2024 Ronny's Inc. Regular 12,730.00
243972 02/23/2024 Katie Rusk Regular 600.00
10 243973 02/23/2024 Safe T Lite of Modesto, Inc. Regular 455.71 243974 02/23/2024 Domingo Sandoval Regular 480.00
243975 02/23/2024 Save Mart Supermarkets Regular 214.55 243976 02/23/2024 Sherwin Williams Co Regular 386.60
243977 02
/23/2024 Soares Lumber & Fence Inc Regular 32.93
243978 02/23/2024 Southern Tire Mart, LLC Regular 862.50 243979 02/23/2024 Sorensens True Value Regular 509.76
243980 02/23/2024 Sorensens True Value Regular 69.77
243981 02/23/2024 Brock Sanders Regular 300.00
243982 02/23/2024 Samantha Alison Tova Regular 292.50
243983 02
/23/2024 West Publishing Corporation Regular 466.85
243984 02/23/2024 Windecker Inc Regular 7,877.87
243985 02/23/2024 Xerox Financial Services Regular 2,464.46 Break in check sequence due to the following: Payment Type Payment Check #243777 (Payroll) Regular Checks 201 1,193,990.70 Check #243813 (Manual Void) Manual Checks 0 0.00
Check #243856 (Manual Void) Voided Checks 0 0.00
Check #243900 (Manual Void) 201 1,193,990.70
Check #243921 (Manual Void)
Check #243969 (Manual Void)
11 LOsBanos
At lire Crossroads of California
Agenda Staff Report
TO: Mayor Llanez & City Council Members
FROM: Charles Bergson, P.E., Public Works Director/City DATE: March 6, 2024
SUBJECT: Resolution Delegating Authority to City Manager - Ortigalita Road/Pioneer Road Intersection Improvement Project
TYPE OF REPORT: Consent
Recommendation:
Approve Resolution No. _
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS BANOS
TO DELEGATE AUTHORITY TO THE CITY MANAGER TO UNDERTAKE
CERTAIN ACTIONS TO COMMENCE AND COMPLETE THE REAL
PROPERTY TRANSACTIONS FOR THE ORTIGALITA ROAD/ PIONEER
ROAD INTERSECTION IMPROVEMENT PROJECT.
Background:
Construction of the Ortigalita Road I Pioneer Road Intersection Improvement Project requires acquiring a portion of up to five (5) properties. The properties identified will require partial acquisitions, permanent easement and/or temporary easement rights. An overall right of way budget of $220,000 was approved by the State for use on the project.
The right of way allocation includes a mix of State and Federal funds.
Appraisals are nearly complete and offers are anticipated in early March 2024. The property rights that will be acquired for the project include permanent roadway easements, slope easements, utility easements, and temporary construction easements. 12 Discussion/ Analysis:
The purpose of the proposed resolution is to streamline the approval process to ensure prompt delivery of the Right of Way phase of the Ortigalita Road I Pioneer Road Intersection Improvement Project.
As a recipient of federal funds, the City is conducting the Ortigalita Road I Pioneer Road Intersection Improvement Project real estate acquisition activities in adherence to applicable federal, state and local regulations. The following specific state and federal regulations apply to the SDGS property acquisition program:
• 49 CFR Part 24, Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally-Assisted Programs, and the Uniform Act, PL 91-646, as amended
• California Code of Civil Procedure sections 1230.010 to 1273.050 (Eminent Domain Law)
• Government Code 7267
The project goal is to have all rights necessary for construction by April of 2024. This aggressive schedule includes a detailed analysis by the engineers of the area necessary for the project, a full survey of the area required, and an appraisal of the real property. The project's goal is to reach a negotiated settlement with each of the property owners.
Monument Right of Way, Inc., a sub consultant to Mark Thomas & Company, specializes in the right of. way acquisition and relocation for state and federal projects.
Monument's role on the project is to manage the right of way phase and negotiate with all the property owners. As part of the management effort, Monument prepared a detailed budget and schedule for the right of way phase of the project.
Multiple steps in the negotiations require City approval. Prompt approvals are critical to the timely delivery of the program.
In order to ensure timely response to the property owners and preserve the right of way schedule, Staff recommends delegating authority to the City Manager to approve and sign all the appropriate documents and accept all real property necessary to ensure execution of the right of way program for the Ortigalita Road I Pioneer Road Intersection Improvement Project up to the approved right of way budget.
Fiscal Impact:
13 The right of way budget of $220,000 is included in the CMAQ funding for the project.
These funds have been obligated by the State for use on the project.
Conclusion:
Adopt Resolution No. _ delegating authority to the City Manager to undertake all necessary actions to commence and complete real property transactions for the Ortigalita Road / Pioneer Road Intersection Improvement Project up to the approved $220,000 budget.
Attachments
Resolution
THIS PAGE IS INTENTIONALLY LEFT BLANK
14 15
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS
BANOS TO DELEGATE AUTHORITY TO THE CITY MANAGER TO
UNDERTAKE CERTAIN ACTIONS TO COMMENCE AND COMPLETE
THE REAL PROPERTY TRANSACTIONS FOR THE ORTIGALITA
ROAD/ PIONEER ROAD INTERSECTION IMPROVEMENT PROJECT.
WHEREAS, construction of the Ortigalita Road I Pioneer Road Intersection Improvement Project requires the acquisition of a portion of five parcels for permanent roadway easements, slope easements, utility easements and/or temporary easement rights; and
WHEREAS the total capital budget for the Right of Way Acquisition phase is $220,000; and
WHERAS the ROW Budget is federally authorized; and
WHEREAS the acquisition of property is on a critical path to meet state and federal grant funding deadlines; and
WHEREAS, as a recipient of federal funds, the City is required to conduct real estate acquisition and relocation activities in adherence to the following applicable federal, state and local regulations:
• 49 CFR Part 24, Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs, and the Uniform Act, P L 91-646, as amended
• California Code of Civil Procedure sections 1230.010-1273.050 (Eminent Domain law)
• Government Code 7267 (Relocation Assistance); and
WHEREAS, delegating the real estate approval process through the City Manager in consultation with the Legal Counsel will ensure timely response to the property owner, preserve the project right of way schedule, NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos hereby delegates authority to the City Manager, after consultation with Legal Counsel, to negotiate and purchase all right of way real property interests, including fee title, easements and leases, necessary for the Ortigalita Road I Pioneer Road intersection improvement project, including executing certificates of acceptance and complying with all legal obligations associated with the purchases, within the authority provided by the City Council up to $220,000.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 6th day of March 2024, by City Council Member 16 ____ , who moved its adoption, which motion was duly seconded by City Council Member ____ , and the Resolution was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Paul Llanez, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
17 LOsBanos
·\I ti, C,o "wcl n/ ,,lt,cn 11w
Agenda Staff Report
TO: Mayor & City Council Members
FROM:
DATE:
Josh Pinheiro, City Manager
March 6, 2024
SUBJECT: Employment Agreement for Finance Director - Vanessa Portillo TYPE OF REPORT: Consent Agenda
Recommendation:
That the City Council approve a Resolution accepting and approving the Employment Agreement for Finance Director Vanessa Portillo.
Discussion:
The City went through a comprehensive recruitment and screening process to identify the best-qualified candidate to the Finance Director position, for which Vanessa Portillo has been selected by the City Manager to be the City's next Finance Director. Pursuant to the City Manager's appointment authority under the Los Banos Municipal Code Section 2-3.115 the City Manager has evaluated Ms. Portillo's knowledge, experience, administrative skills, and ability to serve as the City's Finance Director and has determined that the Ms. Portillo has the necessary education, experience, skills and expertise to serve as the City's Finance Director.
Ms. Portillo's Employment Agreement includes the following key provisions:
• Effective date: • March 11, 2024
• Base salary: $180,000 annually ($15,000 per month)
• Medical I dental I vision / life insurance packages to the same extent as other exempt management employees hired after April 1, 2010.
• Retirement: Contribute a percentage of Employee's reportable wages to the California Public Employees' Retirement System (CalPERS) for the retirement plan she is eligible for: Seven percent (7%) of Employee's reportable wages for the 2% at age 60 formula (Misc 2nd Tier) or eight point two-five percent (8.25%) of Employee's reportable wages for the 2% at age 62 formula (Misc PEPRA). 18 • Retiree Health: When eligible, the City will provide access to medical insurance coverage for those employees who retire from employment with the City and who constitute "annuitants" as defined by the PEMHCA and consistent with City policy. • Vacation Leave: Accrual of one hundred twenty (120) hours of annual vacation leave each year of employment, accruing ten (10) hours a month, and accumulate a maximum of two-hundred forty (240) hours. Employee shall be entitled to any vacation buyback program applicable to other exempt management employees. • 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.
As Finance Director, Ms. Portillo will be responsible to plan, organize, direct and review the activities and operations Department of Finance & Information Technology (IT), which delivers services to the public and organization in the following areas: accounting, revenue, purchasing, budget, and IT. 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 $22,596 a month (salary and benefits).
Reviewed by:
~ K~ lnteri;;, Finance Director
Attachments:
Resolution/Employment Agreement
19 RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS RA Tl FYI NG THE CITY
MANAGER'S APPROVAL OF THE EMPLOYMENT
AGREEMENT WITH THE FINANCE DIRECTOR
VANESSA PORTILLO
WHEREAS, the City is in need of the services of a Finance Director and the City has engaged in a comprehensive recruitment and screening process to identify the best qualified candidate to fill the Finance Director position; and
WHEREAS, after conclusion of the recruitment process, the City Manager has selected Vanessa Portillo as the City's next Finance Director and has negotiated the terms of his employment agreement; and
WHEREAS, pursuant to his appointment authority under the Los Banos Municipal Code Section 2-3.115 the City Manager has evaluated Vanessa Portillo's knowledge, experience, administrative skills, and ability to serve as the City's Finance Director, and has determined that he has the necessary education, experience, skills and expertise to serve as the City's Finance Director; and
WHEREAS, the City desires to employ Vanessa Portillo as Finance Director; and WHEREAS, Vanessa Portillo desires to accept the employment as Finance Director; and
WHEREAS, the parties desire to enter into a written agreement setting forth the terms and conditions of Vanessa Portillo's employment as Finance Director; and WHEREAS, the City Attorney has reviewed the Finance Director Employment Agreement.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Los Banos hereby ratifies the City Manager's selection and appointment of Vanessa Portillo for the position of Finance Director pursuant to the City Manager's appointing power under Los Banos Municipal Code Section 2-3.115, and the City Council hereby approves the Employment Agreement for Vanessa Portillo to serve as Finance Director of the City of Los Banos as presented in Exhibit A.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 6th day of March 2024, by Council Member __ who moved its adoption, which motion was duly seconded by Council Member __ and the Resolution adopted by the following vote:
20 A YES: Council Members
NOES:
ABSENT:
APPROVED:
Paul Llanez, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
21 CITY OF LOS BANOS
EMPLOYMENT AGREEMENT
Department Head - Finance Director
This Employment Agreement ("Agreement") is made and entered into as of this ___ day of ____ _ ~ 2024, by and between the City of Los Banos, a California municipal corporation, ("City"), and Vanessa Portillo ("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 Finance Director and the City has engaged in a screening process to identify the best-qualified candidate to fill the Finance Director position.
2. Pursuant to his appointment authority under the Los Banos Municipal Code Section 2-3.115 the City Manager has evaluated Employee's knowledge, experience, administrative skills, and ability to serve as the City's Finance Director, and has determined that the Employee has the necessary education, experience, skills and expertise to serve as the City's Finance Director.
3. The City desires to employ Employee as the Finance Director.
4. Employee desires to accept the employment as Finance Director.
5. The parties desire to enter into a written agreement setting forth the terms and conditions of Employee's employment as Finance Director.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows:
1. Appointment and Employment
The City Manager hereby appoints Employee to the position of Finance Director of the City of Los Banos pursuant to the City Manager's appointing power under Los Banos Municipal Code Section 2-3.115, and the City Council hereby approves this Agreement for Employee to serve as Finance Director 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 March 11, 2024 and continue until terminated as provided for in this Agreement.
1 22
3. Salary and Benefits
(a) Salary: City agrees to pay Employee an annual base salary of $180,000 ($15,000 per month) payable in equal semi-monthly installments at the same time and in the same manner that other City employees are paid. This salary shall be effective as of March 11, 2024. Subject to a satisfactory annual performance evaluation (in accordance with Section 6 herein), the City Manager may grant, in his/her sole discretion, an increase in the annual base salary.
The annual base salary may only be reduced at the same time and in the same percentage as any across-the-board reduction that is imposed upon other management employees in the City. (b) Cost of Living Adjustment: Employee shall be entitled to the same percentage cost ofliving 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 detennined by the applicable laws, regulations and plan documents.
(1) Medical/ Dental /Vision/ Life Insurance: Employee shall be provided medical / dental / vision/ life insurance packages to the same extent as other exempt management employees hired after April 1, 2010. Benefit levels and eligibility for benefits are defined in the contracts between the insurance providers and the City. (See, Section 5005 Los Banos Personnel Policy).
Employees who opt out of participating in the group medical plans sponsored by the City, and who provide proof of their medical coverage in a group plan, will receive a Cafeteria Plan Allowance of $485 per month, of which part must be used to enroll in mandatory life insurance, dental insurance and vision insurance coverage. (See, Section 5005 B 5 Los Banos Personnel Policy).
(2) Retirement: For Fiscal Year 2023/2024, Employee must contribute a percentage of Employee's reportable wages to the California Public Employees' Retirement System (CalPERS) for the retirement plan she is eligible for:
Seven percent (7%) of Employee's reportable wages for the 2% at age 60 formula (Misc 2nd Tier); OR
Eight point two-five percent (8.25%) of Employee's reportable wages for the 2% at age 62 formula (Misc PEPRA). 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). 2 23
(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. (See, Section 5005 E Los Banos Personnel Policy)
( 4) Deferred Compensation: Employee may participate at his/her own expense in the City's deferred compensation. (See, Section 5005 G Los Banos Personnel Policy). (5) Tuition Reimbursement: Tuition (education related expenses) will be reimbursed in accordance with policy upon successful completion of courses up to $3,000.00 per fiscal year. (See, Section 5005 I, Division 5-A Los Banos Personnel Policy). (6) Sick Leave: Sick leave shall be accrued at eight (8) hours per month. (See, Section 5005 J, Division 5B Los Banos Personnel Policy). (7) Vacation Leave: Employee shall be entitled to vacation accrual of one hundred twenty (120) hours of annual vacation leave each year of employment, accruing ten (10) hours a month, and accumulate a maximum of two hundred forty (240) hours. Employee shall be entitled to any vacation buyback program applicable to other exempt management employees. (See, Section 5005 K, Division 5-C Los Banos Personnel Policy). (8) Education Incentive Pay: Employee shall be entitled to education incentive pay in accordance with the following formula. (See, Section 5005 N, Division 5-H Los Banos Personnel Policy).
$100 per month for AA/ AS; or
$175 per month for BA/BS; or
$225 per month for MA/MS
(9) Bilingual Incentive Pay: If eligible, Employee shall be entitled to bilingual incentive pay in accordance with the following formula. (See, Section 5005 0, Division 5-L Los Banos Personnel Policy).
$50 per month for Basic Verbal Skills; or
$100 per month for Comprehensive Verbal Skills; or
$150 per month for Written presentation Skills
(10) Administrative Leave: Employee shall receive ten (10) work days off, with full salary and benefits, during every fiscal year of employment. . Every July 1st, eighty (80) hours are accrued and may not be carried over. Employee shall receive a pro-rated amount based on hire date. (See, Section 5011 Los Banos Personnel Policy).
(11) Professional Development: City shall budget and shall pay, as stated in the approved budget, for reasonable travel and training expenses of Employee for professional and official travel, meetings, and occasions. The amount shall be adequate to continue the professional development of Employee and to adequately pursue necessary official and other functions for City. 3 24
(12) Holidays: Employee shall be entitled to Holidays to the same extent as other exempt management employees. (See, Section 5005 L, Division 5-E Los Banos Personnel Policy). (13) State Disability Insurance: The City participates in the State Disability Insurance (SDI) Program for all employee groups. Payment of SDI premiums is the responsibility of participating employees. (See, Section 5008 & Division 5-I Los Banos Personnel Policy). (d) No Reduction of Benefits: City shall not at any time during the term of this Agreement reduce the salary, compensation or other benefits of Employee, except to the degree of such reduction for all management employees at the department head level. ( e) Dues and Subscriptions: City shall budget and shall pay for the professional dues and subscriptions of Employee reasonably necessary for his continuation and full participation in national, regional, state and local associations and organizations necessary and desirable for her professional growth and advancement, and for the good of City. (a) Employee shall serve as Finance Director and perform those duties of the Finance Director under the direction of the City Manager as set forth in the Finance Director Job Description attached as "Exhibit A" and incorporated herein by this reference, in addition to any other functions and duties specified by state law, city ordinance, or resolution, or other directive, and to perform other legally permissible and proper duties and functions as the City Manager shall from time to time assign. The City may amend the Finance Director job description at any time without Employee's approval and without an amendment to this Agreement. (b) Employee shall devote all necessary time and effort to fulfill the obligations of the Finance Director position. The City acknowledges that Employee is reasonably expected to be available but does not have regularly set hours of work. Employee's work schedule will vary in accordance to the work required to be performed.
5. Exclusive Employment
Employee shall devote all of his time, energy and efforts to the City, and shall accept no outside employment, except as may be specifically approved by the City Manager in writing in advance.
6. Performance Evaluation
The City Manager shall evaluate Employee's performance annually and may, in addition, establish goals and performance objectives to be accomplished during the next year and used as a basis for the next performance evaluation. In the City Manager's sole discretion, the performance of Employee may be reviewed on a more frequent basis.
4 25
7. Separation - At Will Employment
(a) The parties expressly agree that the position of Finance Director is an "at-will" employee, and that Employee is employed in an "at-will" capacity, serving at the pleasure of the City Manager. Employee may be terminated by the City Manager and the City Manager may terminate this Agreement at any time with or without cause and with or without advance notice. There is no express or implied promise made to Employee of continued employment. Employee understands and agrees that the terms of her 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 she 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 Finance Director, Employee shall be entitled to three (3) months' severance pay defined as base salary plus costs of health, dental, vision and life insurance plans. No time served by the Employee after notice of the termination shall be debited from the period of severance pay. However, in the event the Employee is terminated for cause, the Employee shall be entitled to only the compensation earned and accrued and such other termination benefits and payments as may be required by law and shall not be entitled to any severance benefits.
The payment of severance compensation pursuant to this paragraph shall be in a lump sum, less applicable payroll deductions. Employee shall also receive continuing health insurance plan coverage including dental and vision for the duration of the severance months from the effective date of termination. Pursuant to Government Code Section 53261, the continuing eligibility of Employee and his dependents for health insurance plan coverage shall terminate should Employee obtain other employment.
The severance rights provided in herein shall constitute the sole and only entitlement of Employee with respect to severance pay in the event of the termination, other than for cause. Employee expressly waives any and all other rights with respect to severance pay except as provided herein. Such severance compensation is expressly conditioned on the execution, delivery, and non-revocation of a General Release Agreement by Employee.
It is the intention of the parties that this paragraph complies with the requirements of Government Code Section 53260 et seq. In the event of any conflict between this provision and those code sections, the terms of those code sections shall govern the contractual relationship between the employer and employee.
5 26
( e) Termination or Removal for Cause. Notwithstanding any provision of this Agreement to the contrary, the City Manager may terminate Employee's employment for cause at any time, and if Employee is terminated or removed for cause, they shall not be entitled to payment of severance compensation or any other compensation or damages.
"Cause" shall include the following reasons:
(i) an act in bad faith and to the detriment of the City; (ii) refusal or failure to act in accordance with any specific lawful direction or order of the City Manager;
(iii) unfitness or unavailability for service that exceeds thirty (30) consecutive calendar days and is not the result of any excused illness or medical condition;
(iv) commission of an act involving moral turpitude or other acts which harm the reputation of or interests of the City;
(v) habitual neglect of responsibilities, or incompetence; (vi) a conviction of a felony or other crime punishable by jail or imprisonment in the jurisdiction involved ( or entry of a plea of guilty or nolo contendere with respect to any such crime);
(vii) possession of, use of, or working while under the influence of alcoholic beverages or other non-prescribed controlled substances or abuse/misuse of lawfully prescribed controlled substances during working hours; (viii) engaging in an actual conflict of interest;
(ix) commission of acts of theft, embezzlement, or fraud; (x) acceptance of bribes or extortion;
(xi) material breach of this Agreement by Employee.
If this Agreement is terminated by the City Manager "for cause," Employee's employment will be deemed immediately terminated and Employee will surrender all City keys, computer passwords, and other City property entrusted to Employee for the purposes of the discharge of his duties. Upon termination for cause, Employee will have no recourse under this Agreement or any administrative procedure for purposes of challenging the termination action. (f) In the event of termination, any City equipment or property will be promptly returned to the City. In addition, any and all finished and unfinished documents, data, reports and materials are the property of the City and shall be promptly delivered to the City Manager.
Employee shall keep all information acquired through his position in the strictest confidence.
8. Compliance with Government Code Section 53243 et seq. (Assembly Bill No. 1344). (a) In the event the City determines to place Employee on paid leave pending an investigation, Employee shall fully reimburse such pay to the City if he 1s subsequently convicted of a crime involving the abuse of his office or position. 6 27
(b) In the event the City determines to fund all or part of a legal criminal defense for Employee, he shall fully reimburse such funds to the City if she is subsequently convicted of a crime involving an abuse of her office or position.
( c) Regardless of the term of this Agreement, if this Agreement is terminated, any cash settlement related to the termination that Employee may receive from the City shall be fully reimbursed to the City if Employee is convicted of a crime involving an abuse of his office or position. (Government Code Section 53243.2.)
(d) For purposes of this section, "abuse of office or position" shall be as defined in Government Code Section 53243.4.
( e) The parties agree to fully comply with the Government Code sections that are part of AB 1344 made effective February 1, 2021 as it may be amended.
9. Indemnification
City agrees to defend, hold harmless, and indemnify Employee against any claims, demands or legal actions, whether groundless or otherwise, arising out of an alleged act or omission occurring within the scope and during the course of Employee's employment with the City, subject to Employee cooperating in good faith with the City with respect to defense of such claims, demands, or legal actions in accordance with the provisions of California Government Code Sections 825 and 825.6.
City may compromise and settle any such claim, demand, or action and pay the amount of any settlement or judgment rendered therefrom. This covenant shall survive the termination of this Agreement.
10. Notices
Any notice to be given hereunder by either party to the other in writing may be effected either by personal delivery or by mail. Mailed notices shall be addressed to the address of the parties to be notified which appears below, but each party may change its address by written notice given in accordance with this paragraph. Notices delivered personally will be deemed communicated as of actual receipt. Mailed notices will be deemed communicated and received as of five (5) calendar days following the date of mailing of the notice.
CITY:
EMPLOYEE:
City of Los Banos
Attn: City Clerk
520 J Street
Los Banos, CA 93635
Vanessa Portillo
* Address on file with Human Resources
7 28
11. Entire Agreement
1bis 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 29
18. Counterparts
This Agreement may be executed on separate copies, any one of which need not contain signatures of more than one party but all of which taken together shall constitute one and the same Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first herein written above.
Dated:
Dated:
ATTEST:
Lucille L. Mallonee, City Clerk
APPROVED AS TO FORM:
William A. Vaughn, City Attorney
"EMPLOYEE"
Vanessa Portillo
"CITY"
Josh Pinheiro, City Manager
9 30
CITY OF LOS BANOS
Job Description
POSITION TITLE
DEPARTMENT
EMPLOYMENT CATEGORY
EMPLOYMENT LEVEL
DEFINITION
FINANCE DIRECTOR
FINANCE
EXEMPT
MANAGEMENT
Performs highly responsible and professional work in planning, organizing and leading the operations of the Department of Finance & Information Technology, which delivers services to the public and organization in five key functional areas; accounting, revenue, purchasing, payroll, and budget. Primary responsibilities include: developing and implementing efficient and effective financial policies; managing debt, investments, internal controls, and organizational risk; and providing leadership for the department.
SUPERVISION RECEIVED AND EXERCISED
Receives direct supervision from the City Manager. Exercises direct supervision over other assigned professional, technical, and clerical 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; provide staff assistance to the City Manager and City Council; prepare and present staff reports and other necessary correspondence. • Direct, oversee and participate in the development of the Department's work plan; assign work activities, projects and programs; monitor work flow; review and evaluate work products, methods and procedures.
• Recommend the appointment of personnel; provide or coordinate staff training; conduct performance evaluations; implement discipline procedures as required; maintain discipline and high standards necessary for the efficient and professional operation of the department.
• Answer questions and provide information to the public; investigate complaints and recommend corrective action as necessary to resolve complaints. • Build and maintain positive working relationships with 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.
Finance Director
31 • Research and prepare technical and administrative reports and studies; prepare written correspondence as necessary.
• Develop schedules and methods to accomplish assignments ensuring work is completed in a timely and efficient manner.
• Recommend and assist in the implementation of goals and objectives; establish schedules and methods for the operation of the City's financial and fund accounting systems; implement policies and procedures.
• Plan, prioritize, assign, supervise and review the work of staff involved in the development and administration of the City's budget and fund accounting and the performance of a variety of financial related duties.
• Evaluate operations and activities of assigned responsibilities; recommend improvements and modifications; prepare various reports on operations and activities.
• Oversee general ledger, bank reconciliations, fixed asset system, payroll, accounts payable, cash receipts and municipal utility services.
• Prepare a variety of technical and financial statement and reports. • Coordinate the development and implementation of the annual budget; assist City departments regarding the budget process.
• Direct the development, implementation and administration of the City's capital improvement program as it relates to City-owned utilities and electrical facilities. • Perform utility rate structure analysis and make recommendations on utility rates. • Provides customer account services by analyzing and clarifying computations or billing discrepancies; makes municipal utility services account adjustments as necessary.
• Coordinate and perform a variety of research, collection and analysis of financial and related data.
• Coordinate and prepare a variety of financial reports and studies including the annual audit.
• Plan, prioritize, and review the work of staff assigned to a variety of clerical accounting duties including the processing of payments and maintenance of a variety of financial reports and records.
• Manages grant compliance function with respect to financial activity and the preparation of related reports.
• Supervises the maintenance of financial records and files. • Performs risk management tasks including insurance requirement reviews. • Manages and oversees special district and restricted revenue fund activity. • Perform the most difficult work related to area of functional responsibility, which may include utility billing, accounts payable/receivable. • Performs other duties as assigned.
Knowledge of:
• Budgeting procedures and techniques.
• Pertinent local, State and Federal laws, rules and regulations. • Modern office procedures and computer equipment.
Finance Director
32 • 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. • Current accounting practices, familiarity with Generally Accepted Accounting Procedures (GAAP).
• Principles and practices of accounting theory and its application to a wide variety of accounting transactions and issues.
• Advanced principles and practices of budget development, implementation and monitoring.
Ability to:
• Plan, direct and control the administration and operations of the Finance Department and Information Technology Department.
• On a continuous basis, analyze budget and technical reports; interpret and evaluate staff reports; know laws, regulations and codes; observe performance and evaluate staff; problem solve department related issues; remember various rules and procedures; and explain and interpret policy. • On a continuous basis, sit at desk and in meetings for long periods of time; intermittently twist to reach equipment surrounding desk; perform simple grasping and fine manipulation; use telephone; write or use a keyboard to communicate through written means; and lift or carry weight of 10 pounds or less. • Interpret and apply local, State, Federal, City and department policies, procedures, rules and regulations.
• Supervise, train and evaluate personnel.
• Work independently.
• Understand and follow both oral and written instructions. • Establish and maintain effective working relationships with those contacted in the course of work.
• Communicate clearly and concisely, both orally and in writing. • Exercise independent judgment.
• Establish and maintain a high level of trust.
• Remain calm and focused during emergency operations.
• Prepare and administer department budgets.
• Develop and implement department policies and procedures. • Analyze problems, identify alternative solutions, project consequences of proposed actions and implement recommendations in support of goals. • Develop and implement programs to meet the needs of the City. • 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.
Finance Director
33 • Coordinate and perform the collection, analysis, and interpretation of accounting and financial data and make recommendations and decisions; prepare clear and concise financial reports and studies.
• Understand and apply municipal budgeting practices.
• On a continuous basis, know and understand all aspects of the job, intermittently analyze work papers, reports and special projects, identify and interpret technical and numerical information, observe and problem solve operational and technical policy and procedures.
• Perform the most complex duties related to the processing of utility payments, accounts payable/receivable and payroll.
• Intermittently review documents related to department operations. • Use modern office equipment including personal computer applications such as automated accounting information systems, spreadsheet, and database software. • Maintain confidentiality of a wide range of sensitive information. • Work with a wide variety of customers, the public, and others in a respectful and effective manner to resolve problems or complaints ..
• Manage, oversee and administer the information technology consultant's contract and special projects.
• Manage business changes in the implementation of emerging Information Technologies.
MINIMUM QUALIFICATIONS
• Must be age eighteen (18) by date of application.
• Equivalent to completion of the twelfth grade.
• Possession of a valid California Class C driver license. • Bachelor's degree from an accredited college or university in accounting, business administration, or related field.
• Five (5) years of increasingly responsible professional experience in financial accounting, including three (3) years supervisory experience providing technical and functional supervision over assigned personnel.
DESIRED QUALIFICATIONS
• One (1) year of local governmental accounting experience. • Certified Public Accountant (CPA) certification.
1/21
Finance Director
THIS PAGE IS INTENTIONALLY LEFT BLANK
34 35
LOsBanos ,. JSSJ'Oa s Ca !(on, ,a
Agenda Staff Report
TO: Mayor and City Council Members
FROM: Charles Bergson, P.E., Public Works Director~
DATE: March 6, 2024
TYPE OF REPORT: Consent Agenda
SUBJECT: Accepting the 2023 Street Rehabilitation Project as complete and authorizing the filing of a Notice of Completion with the Merced County Recorder
Recommendation:
That the City Council adopt the Resolution to:
1. Accept the construction of the 2023 Street Rehabilitation project as completed; and
2. Authorize the City Manager to file the Notice of Completion with the Merced County Recorder; and
3. Authorize the Public Works Director/City Engineer to release the five (5) percent retention after the thirty-five (35) day period from the date of filing the Notice of Completion with the County Recorder.
Background:
The Street Services staff of the Public Works Department maintains a computer software program for its pavement management system. Recently, the City participated with Merced County and the other local jurisdictions of MCAG in hiring a consultant to perform a computerized laser study (Study) which analyzed the pavement conditions for each jurisdiction in Merced County. The results of the Study produced a present day Pavement Condition Index (PCI) of every street in the County. Every street in Los Banos was analyzed. PCI is a compiling of distress factors which gives a street a numerical rating from 0 to 100. A brand new street with a properly designed structural section could potentially receive a PCI rating of 100. The factors which inevitably create distresses to lower the PCI are age of the street, load, weather, and reopening the street to add or repair underground utilities. The ability to perform maintenance treatment activities is the other 36 factor of a street PCI. The Study results were downloaded into the City's pavement management system software. A review of the data currently maintained by the staff in Street Services and the results of the Study confirmed the streets presently programmed into the City's Capital Improvement Plan for pavement rehabilitation work. The PCI of each street creates an overall PCI for the City's Street Infrastructure. Measure Vis enabling the City to accelerate street rehabilitation activities. An infrastructure with adequate rehabilitation funding can maximize the life cycle of a street which helps maintain an acceptable overall PCI of the City's infrastructure. The higher the PCI the better the ride quality the community will experience.
Discussion:
The City's Capital Improvement Plan includes the rehabilitation of several segments of arterial streets identified in its pavement management system. The following street segments were selected for the 2023 Street Rehabilitation project:
Overland Avenue from North Street to Nantes Avenue
San Luis Street from SR-165/Mercey Springs Rd to Miller Lane East B Street from Place Road to Ward Road
Badger Flat Road from City Limits to SR-152/Pacheco Blvd Cardoza Road from Hemlock Drive to Ortigalita Road
The major work consists of the pavement rehabilitation using asphalt concrete overlays, reconstruction by pulverization and repaving, the construction of 63 new ADA curb ramps, application of pavement striping and markings, and other miscellaneous appurtenant work.
The City Council awarded the construction contract on June 7, 2023 to United Pavement Maintenance, Inc. in the amount of $2,041,755.44 with a 10% contingency in the amount of $204, 175.00.
There were five change orders with this project. Change Order #1 consisted of additional 12" dig-outs/repairs to San Luis Street and East B Street, due to unforeseen soil conditions. Change Order #2 consisted of the addition of the Birch Street Rehabilitation and G Street Grind and Overlay, which was approved by City Council on September 6, 2023. Change Order #3 consisted of the addition of Geogrid material on Birch Avenue to stabilize deteriorated underground soil conditions, and was approved by City Council on December 6, 2023. Change Order #4 added additional thermo striping for the newly installed crosswalk, stop bars & legends on San Juan Ave/G Street. Change Order #5 included the difference in final asphalt quantities. Total construction cost for this project was $3,837,835.53. This represents the original bid, plus five Change Orders.
Fiscal Impact:
Funds for this project were allocated in the Measure V account 214-430-210-715 and the Streets account 100-431-210-715 in the 2022-2023 (FY23) and 2023-2024 (FY24) fiscal year budget.
Reviewed by:
37 Br~hnltt Finance Director
Attachments:
Resolution
Notice of Completion
THIS PAGE IS INTENTIONALLY LEFT BLANK
38 39
RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LOS BANOS ACCEPTING THE
2023 STREET REHABILITATION PROJECT AS
COMPLETE AND AUTHORIZING THE FILING
OF A NOTICE OF COMPLETION WITH THE
MERCED COUNTY RECORDER
WHEREAS, on May 23, 2023 the City of Los Banos received competitive bids for the construction of the 2023 Street Rehabilitation project; and WHEREAS, on June 7, 2023 the City Council awarded the Construction Contract Mid Cal Pipeline & Utilities, Inc. for the construction of the 2023 Street Rehabilitation project; and
WHEREAS, the Public Works Director/City Engineer has determined, upon inspection, that all work has been completed in compliance with the plans and specifications, and in accordance with the approved contract.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby accept 2023 Street Rehabilitation project as complete; authorize the City Manager to file a Notice of Completion with the Merced County Recorder within ten (10) days after acceptance; and authorize the Public Works Director/City engineer to release the five (5) percent retention held in escrow after the thirty-five (35) days from the date of filing the Notice of Completion.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 6th day of March 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:
ABSENT:
APPROVED:
Paul Llanez, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
RECORDING REQUESTED BY:
40 WHEN RECORDED RETURN TO:
CITY OF LOS BANOS
520 'J' Street
Los Banos, California 93635
NOTICE IS HEREBY GIVEN:
NOTICE OF COMPLETION
1. That the interest of estate stated in paragraph 3 below in the real property hereinafter described is owned by the following:
NAME
CITY OF LOS BANOS
STREET AND NO.
520 'J' Street
CITY
Los Banos
STATE
California
(If more than one owner of the interest stated, the name and address of each must be inserted.)
2. That the full name and address of the owner of said interest or estate, if there is only one owner, and the full names and addresses of all the co-owners who own said interest or estate as joint tenants, as tenants in common or otherwise, if there is more than one owner, are set forth in the preceding paragraph.
3. That the nature of the title of said owner, or if more than one, then of said owner and co-owner is: In Fee.
4. That on the 9th day of February, 2024, a work of improvement on the real property hereinafter described was completed.
5. That the name of the original contractor, if any, for such work of improvement was _____________ _ United Pavement Maintenance, Inc.
(If no contractor for work of improvement as a whole, insert "No Contractor.")
6. That the real property herein referred to is situated in the - ----~C=ityCJ..--'o=f~L=o=s~B=an= o=s __________ _ County of Merced State of California, and is described as follows:
"Construction of FY 23 Street Rehabilitation"
The major work consisted of the pavement rehabilitation of Overland Avenue, East B Street, San Luis Street, Cardoza Road, Badger Flat Road, G Street and Birch Avenue in the City of Los Banos using asphalt concrete overlays, and reconstruction by pulverization and repaving. The work also includes the construction of 63 curb ramps, application of pavement striping and markings, and other miscellaneous appurtenant work.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: CITY OF LOS BANOS
Owner
Place: Los Banos, California By: --------------------
ACKNOWLEDGMENT
41 TO:
FROM:
DATE:
LOsBanos
Agenda Staff Report
Mayor Llanez and City Council Members
Stacy Souza Elms, Community and Economic Development Director~ March 6, 2024
TYPE OF REPORT: Agenda Item
SUBJECT: Peninsula Clean Energy Presentation
Background:
Peninsula Clean Energy (PCE) is a Community Choice Aggregation (CCA) program that allows local municipalities to pool, or aggregate, their energy demand to purchase electricity separate from the local investor-owned utility. As a shared-service model, CCAs partner with the existing utility, Pacific Gas & Electric Company, which continues to provide power transmission, distribution, grid maintenance and billing services. PCE is a CCA program that provides electricity to all of its member cities and unincorporated areas under a Joint Powers Authority (JPA). PCE offers competitive rates and clean energy from renewable sources.
In October 2020, the Los Banos City Council voted to join Peninsula Clean Energy to bring utility savings, rebates, and clean electricity to the residents of Los Banos.
Discussion:
Shawn Marshall, CEO of Peninsula Clean Energy will be providing a presentation and update to the City Council.
THIS PAGE IS INTENTIONALLY LEFT BLANK
42 43
1 LOsBanos
t thi· Crossroads of California
Agenda Staff Report
TO: Mayor Llanez & City Council Members
FROM: Charles Bergson, P.E., Public Works Director/City E 1 DATE: March 6, 2024
SUBJECT: Ordinance 1204 Changing the Meeting Dates and Times of the Los Banos Airport Advisory Commission
TYPE OF REPORT: Regular
Recommendation:
Staff recommends that the City Council consider waiving the second reading and approve the following ordinance:
ORDINANCE NO. 1204
AN ORDINANCE OF THE CITY OF LOS BANOS AMENDING TITLE
2 CHAPTER 2 SECTION 2-2.510 OF THE LOS BANOS MUNICIPAL
CODE TO CHANGE THE MEETING DATES AND TIMES OF THE
LOS BANOS AIRPORT ADVISORY COMMISSION
Background:
On February 21, 2024 the City Council waived the first reading and introduced Ordinance No. 1204 which if adopted will amend Section 2-2.510 of the Los Banos Municipal Code changing the meeting dates and times of the Los Banos Airport Advisory Commission from monthly to quarterly to be held on the third Tuesday of January, April, July, and October at 5:00 p.m.
44 Discussion:
Staff has evaluated the need for this commission to meet on a monthly basis. Staff has concluded that the volume of business coming before this commission does not support the need for a monthly meeting. Staff is requesting that the City Council consider an ordinance amending the Municipal Code to change the monthly meetings to quarterly meetings. The City has four active commissions: Parks and Recreation Commission; Planning Commission; Tree Commission; and the Airport Advisory Commission. Two of those commissions: Parks and Recreation Commission; and Tree Commission meet on a quarterly basis and can meet more often as needed.
Staff is recommending that Airport Advisory Commission meet on a quarterly basis instead of the current monthly meetings.
Fiscal Impact:
Approval of this item will not result in net City cost. Reducing the frequency of the meetings should lower staff costs required for the preparation and attendance at a monthly meeting as opposed to a quarterly meeting.
CEQA
The proposed amendments to the Los Banos Municipal Code do not propose any changes to city policies or regulations that would result in a direct or indirect physical environmental impact; therefore it has been determined that this ordinance amendment is covered by the general rule that the California Environmental Quality Act applies only to projects which have the potential for causing a significant effect on the environment pursuant to CEQA guidelines section 15601(b)(3) and is not subject to environmental review.
Conclusion:
Staff recommends that the City Council waive the second reading and adopt Ordinance No. 1204.
45 Attachments:
Redline LBMC Section 2-2.510
Proposed Ordinance
46 2-2.510. Meetings.
Regular meetings of the Commission shall be held quarterly on the third Tuesday of eft€fl GaieR4Ythe mont~ of Januf!!Y, All,ril, July, and October at 5:00 p.m. in the City Hall Council Chambers located at 520 J Street in the City. If any regular meeting day falls on a City holiday, the meeting shall be held on the following regular City business day at 5:00 p.m. [ Formatted: Font: (Default) Times New Roman ---~
Formatted: Font: (Default) Times New Roman, 12 pt
r,;;;;;;tted, Font: (Default) Times New Roman
Formatted: Font: (Default) Times New Roman, 12 pt
47 ORDINANCE NO.1204
AN ORDINANCE OF THE CITY OF LOS BANOS AMENDING TITLE 2
CHAPTER 2 ARTICLE 5 SECTION 2-2.510 OF THE LOS BANOS
MUNICIPAL CODE TO CHANGE THE MEETING DATES AND TIMES
OF THE
LOS BANOS AIRPORT ADVISORY COMMISSION
The City Council of the City of Los Banos does ordain as follows:
Section 1. Section 2-2.510 of the Code is amended to read as follows:
Sec. 2-2.51 O Meetings.
Regular meetings of the Commission shall be held quarterly on the third Tuesday of January, April, July, and October at 5:00 p.m. at City Hall located at 520 J Street in the City. If any regular meeting day falls on a City holiday, the meeting shall be held on the following regular City business day at 5:00 p.m.
Section 2. To the extent that the terms and provisions of this Ordinance may be inconsistent or in conflict with the terms or conditions of any prior City ordinance, motion, resolution, rule or regulation governing the same subject, the terms of this Ordinance shall prevail with respect to the subject matter thereof and such inconsistent or conflicting provisions of prior ordinances, motions, resolutions, rules or regulations are hereby repealed.
Section 3. If any section, subsection, subdivision, paragraph, sentence, clause or phrase added by this Ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses or phrases are declared unconstitutional, invalid or ineffective.
Section 4. The proposed amendments to the Los Banos Municipal Code do not propose any changes to city policies or regulations that would result in a direct or indirect physical environmental impact; therefore it has been determined that this ordinance amendment is covered by the general rule that the California Environmental Quality Act applies only to projects which have the potential for causing a significant effect on the environment pursuant to CEQA guidelines section 15601(b)(3) and is not subject to environmental review.
1 48
Section 5. This Ordinance shall go into effect and be in full force and operation thirty (30) days after its final passage and adoption. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted and published once within fifteen days after passage and adoption as may be required by law; or, in the alternative the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five days prior to the date of adoption of this Ordinance; and, within fifteen days after adoption, the City Clerk shall cause to be published, the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk.
Introduced by Council Member ____ and seconded by Council Member _____ on the __ day of , 2024.
Passed on the __ day of _____ , 2024 by the following vote:
A YES: Council Members
NOES:
ABSENT:
APPROVED:
Paul Llanez, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
2 49
Los Banos
Agenda Staff Report
TO: Mayor Llanez & Council Members
FROM: Brent Kuhn, Interim Finance Director
DATE: March 6, 2024
SUBJECT: Mid-Year Budget Review and Approval of a Resolution to Adjust the 2023/2024 Budget
TYPE OF REPORT: Non-Consent Agenda
Recommendation:
Staff recommends that the City Council adopt a resolution to revise the budget for the 2023/2024 Fiscal Year as it pertains to changes in revenues and expenditures.
Background:
The primary purpose of the Mid-Year Budget Review is to review assumptions used in developing the fiscal year budget, particularly revenue assumptions and make the necessary adjustments to these estimates. This review allows Staff the opportunity to determine if the City is on track or if adjustments are needed and provides an opportunity for staff to update the City Council on the major financial factors affecting the City's current fiscal year budget and make recommendations for amending the budget.
The Mid-Year Budget Review is developed using six months of actual (unaudited) activity in budgeted operating departments with Finance and Departmental projections of anticipated spending and revenue trends for the remainder of the fiscal year. Staff projections include using statistical data, economic analysis, professional judgement and expertise from economic consultants, professional organizations and other resources. The findings and adjustments will be discussed during the Council Meeting Presentation.
General Fund
Staff analyzed the current Fiscal Year through January 31, 2024 with the exclusion of two (2) month of Sales Tax Remittances (due to the timing of the State's collection and remitting process). With fiftyeight percent (58.3%) of the year completed, General Fund revenues collected are sixty percent (60%) of the budgeted amount. General Fund expenditures are fifty-three percent (53%) of the budgeted amount.
50 General Fund Revenues are projected to end the fiscal year $1,450,000 over the current budget. The primary driver of the increase in revenues is a continued growth in property tax revenue projections and stronger permit revenues. Given the complexities of the current macroeconomic environment, projecting for revenues outside of general tax revenue is not an exact science.
The projections for revenues are based on the most recent economic information available to the City and actual revenue distributions known at the time of the preparation of this report. This FY 2023/2024 Adopted Budget General Fund revenues were developed by incorporating the assumption of continued fiscal uncertainty. However, the most recent activity demonstrates continued economic recovery and increased general tax revenue growth. However, the City still needs to exercise caution regarding this recovery due to recessionary indications plaguing the overall economy.
The Mid-Year Budget Review continues to project positive growth with improvements in property tax and permit revenues.
Staff is requesting to increase General Fund expenditures by a total of $788,320. Staff is also requesting to increase Special Revenue Fund expenditures by a total of $12,500, Enterprise Fund expenditures by a total of $284,800 and Internal Service Fund expenditures by a total of $5,200. The detail of the expenditures and transfers of the requested mid-year changes to the City-wide budget are outlined in Exhibit A.
The City's overall financial position at Mid-Year will be further discussed during the March 6 Mid-Year Budget Review Presentation, including additional changes to the budget not highlighted in this report.
Fiscal Impact:
Attached to the resolution is a schedule showing a detailed account of the requested changes to the Budget for the 2023/2024 Fiscal Year.
Attachments:
Resolution
Exhibit A- Mid-year Budget Adjustments
51 RESOLUTION NO. __
A RESOLUTION OF THE CITY OF LOS BANOS ADOPTING A REVISED BUDGET FOR THE 2023/2024 FISCAL YEAR AS IT PERTAINS TO
EXPENDITURES AND REVENUES
WHEREAS, the City Council of the City of Los Banos has been presented an amendment to the 2023/2024 Fiscal Year budget; and
WHEREAS, the City Council of the City of Los Banos may adjust the overall appropriation levels in each fund at any time during the 2023/2024 Fiscal Year by action to amend the budget; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos hereby amends the 2023/2024 Fiscal Year Budget shown in "Exhibit A".
The foregoing resolution was introduced at a regular meeting of the Los Banos City Council held on the 21st day of February, by Council Member _ _ _ who moved for its adoption, which motion was duly seconded by Council Member _ ___ __ , and the Resolution was adopted by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
ATTEST
52 Los Danos Mid-Year Budget Report - Exhibit A
Budget Current
Amendment Total Budget Amended Budget Reason for Adjustment Fund: 100 - GENERAL FUND
Revenue
100-000-322-010 Permits 575,000.00 500,000.00 1,075,000.00 Increase in Permit Activity Expense
100-410-100-250 Insurance 2,500.00 37,153.00 39,653.00 Correct for change in estimated Member Contribution to CSJVRMA 100-410-100-252 Communications 3,000.00 3,600.00 6,600.00 Correct estimate for Go-to services and wireless plan increase 100-419-100-250 Insurance 1,500.00 27,441.00 28,941.00 Correct for change in estimated Member Contribution to CSJVRMA 100-419-12Q-250 Insurance 7,500.00 7,500.00 Correct for change in estimated Member Contribution to CSJVRMA 100-421-140-205 Facility Maintenance 1,500.00 35,000.00 36,500.00 Correct estimate for additional Maintence 100-421-140-237 Recruitment 7,500.00 55,000.00 62,500.00 Increase cost due to multiple recruitments 100-421-14Q-238 Technical Services 3,000.00 12,000.00 15,000.00 Increase estimate for booking and police info services 100-421-140-250 Insurance 15,000.00 440,675.00 455,675.00 Correct for change in estimated Member Contribution to CSJVRMA 100-422-100-204 Fleet Services 20,000.00 49,352.00 69,352.00 To correct estimate for actual Charge out 100-422-lQQ-205 Facility Maintenance 20,000.00 80,100.00 100,100.00 Change orders on Station #1 Painting and Maintenance 100-422-100-238 Technical Services 10,000.00 20,000.00 30,000.00 Gl5 Integration for Weed Abatement 100-422-100-250 Insurance 12,000.00 133,967.00 145,967.00 Correct for change in estimated Member Contribution to CSJVRMA 100-422-l Q0-252 Communications 6,650.00 28,000.00 34,650.00 VPN Access for RIMS 100-424-100-238 Technical Services 375,000.00 500,000.00 875,000.00 CSG Contract based on Permit Activity 100-424-100-250 Insurance 2,000.00 504.00 2,504.00 Correct for change in estimated Member Contribution to CSJVRMA 100-42§-100-250 Insurance 2,000.00 2,502.00 4,502.00 Correct for change in estimated Member Contribution to CSJVRMA 100-426-100-750 Vehicles 4,000.00 35,000.00 39,000.00 Update actual for SUV Purchases 100-427-100-250 Insurance 2,000.00 2,000.00 Correct for change in estimated Member Contribution to CSJVRMA 100-427-100-267 General Material & Supplies 500.00 500.00 Tools for Facilites staff 100-429-100-103 Overtime 3,000.00 4,000.00 7,000.00 Increase estimated overtime based on updated actuals 100-429-100-205 Facility Maintenance 1,500.00 2,100.00 3,600.00 Correct estimate for additional Maintence 100-429-100-237 Recruitment 500.00 500.00 1,000.00 Increase cost due to multiple recruitments 100-429-100-250 Insurance 5,000.00 22,103.00 27,103.00 Correct for change in estimated Member Contribution to CSJVRMA 100-431-210-205 Facility Maintenance 1,500.00 15,000.00 16,500.00 Correct estimate for additional Maintence 100-431-210-208 Rental - Vehicles & Equipment 1,250.00 1,600.00 2,850.00 Increase in estimate due to new Copier Lease 100-431-210-237 Recruitment 420.00 1,580.00 2,000.00 Increase cost due to multiple recruitments 100-431-210-250 Insurance 6,500.00 74,397.00 80,897.00 Correct for change in estimated Member Contribution to CSJVRMA 100-451-240-205 Facility Maintenance 12,000.00 78,668.00 90,668.00 Correct estimate for additional Maintence 100-451-240-250 Insurance 3,000.00 59,406.00 62,406.00 Correct for change in estimated Member Contribution to CSJVRMA l00-451-240-260 Office Supplies 3,500.00 20,000.00 23,500.00 Correct estimate for increase in supplies 100-452-100-238 Technical Services 12,000.00 82,000.00 94,000.00 Correct estimate for additional landscaping services 100-452-100-250 Insurance 10,000.00 70,196.00 80,196.00 Correct for change in estimated Member Contribution to CSJVRMA 100-452-100-273 Special Departmental Exp. 40,000.00 52,000.00 92,000.00 Increase relating to fees for ongoing professional services 101-421-290-103 Overtime 25,000.00 80,000.00 105,000.00 Increase estimated overtime based on updated actuals 101-421-2~0-205 Facilities Maintenance 20,000.00 91,000.00 111,000.00 On going Renovations to Miller Lux and other city parks 101-451-290-103 Overtime 7,500.00 7,500.00 Increase due to coverage for vacancies 101-451-290-718 Sidewalk Improvements 140,000.00 145,000.00 285,000.00 To increase estimate for Nora Jones Sidewalk Improvements 788,320.00 2,259,844.00 3,048,164.00
OTHER FUNDS
236-421-100-103 Overtime 2,000.00 50,000.00 52,000.00 Increase estimated overtime based on updated actuals 273-458-200-223 Storm Drain Maintenance 3,000.00 500.00 3,500.00 Submersible pumps 287-458-200-221 Park Maintenance 7,500.00 60,000.00 67,500.00 Additional Improvements at Oliveira Park 12,500.00 110,500.00 123,000.00
501-461-100-231 Professional Services 200,000.00 587,000.00 787,000.00 Well #16 Well Drilling 501-461-100-236 Medical 1,000.00 1,500.00 2,500.00 DOT Class B requirement- DMV physical 501-461-100-252 Communication 5,000.00 16,800.00 21,800.00 Management upgraded phones 501-461-100-267 General Material & Supplies 500.00 279,781.00 280,281.00 Tools for Facilites staff 502-433-100-231 Professional Services 70,000.00 132,000.00 202,000.00 Wastewater Treatment - Pre-treatment Program Assessment 502-432-100-267 General Materia l & Supplies 500.00 25,000.00 25,500.00 Tools for Facilites staff 510-490-100-267 General Material & Supplies 500.00 7,500.00 8,000.00 Tools for Facilites staff 510-490-170-102 Part - Time 7,000.00 21,420.00 28,420.00 To cover part-time staff salary due to increase in rate 510-490-170-l 20 Benefits 300.00 282.432.00 282,732.00 To cover part-time staff salary due to increase in rate 284,800.00 1,353,433.00 2,991,666.00
601-480-210-102 Part- Time 5,200.00 21,420.00 26,620.00 To cover part-time staff salary due to increase in rate 53 LOsBanos
Al th C 1ossroads oj lU0111i
COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT
Date: March 1, 2024
Regarding: Notice of Public Hearing
Proposal: Revision to Site Plan Review #2021-08 - Legacy Realty and Development
NOTICE IS HEREBY GIVEN THAT a Public Hearing will be held by the Los Banos Planning Commission to consider a revision to previously approved Site Plan Review #2021-08. The proposed project is located within the Highway Commercial Zoning District at the north east corner of Ward Rd. and Pacheco Blvd., more specifically identified as Assessor's Parcel Number: 084-020-042, 043, & 044.
A PUBLIC HEARING on this matter will be held at the next scheduled meeting of the Los Banos Planning Commission on Wednesday, March 13, 2024 at 6:00 p.m. in the Council Chambers of Los Banos City Hall, located at 520 "J" Street, Los Banos, California. Questions regarding the above-referenced item · may be directed to Rudy Luquin, Associate Planner, at City Hall or at (209) 827-2432.
All persons are invited to be present at the public hearing. Written and oral testimony is invited. Notice is hereby further given that if you challenge the above described Project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this Notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing.
Additional information may be obtained from the Community & Economic Development Department at 520 J Street, Los Banos, California. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Office of the City Clerk at (209) 827-7000. Notification at least 72 hours prior to the public hearing will enable the City to make reasonable arrangements to allow participation at this hearing hT LOS BANOS
Associate P anner
54 LOsBanos , tit, rossroa,ls o/ al~J,n nio
COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT
Date: March 1, 2024
Regarding: Notice of Public Hearing
Proposal: Mobile Food Vendor Permit #2024-02 - Hugo Olivera Cortes (dba Olivera's Pan Dulce Mexicano)
NOTICE IS HEREBY GIVEN THAT a Public Hearing will be held by the Los Banos Planning Commission to consider a Categorical Exemption from the California Environmental Quality Act (CEQA) and a Mobile Food Vendor Permit #2024-02 to allow the operation of a mobile food vending vehicle on route throughout the City of Los Banos within the public-right-of way for Hugo Olivera dba California Del Sur.
A PUBLIC HEARING on this matter will be held at the next scheduled meeting of the Los Banos Planning Commission on Wednesday, March 13, 2024 at 6:00 p.m. in the Council Chambers of Los Banos City Hall, located at 520 "J" Street, Los Banos, California. Questions regarding the above-referenced item may be directed to Rudy Luquin, Associate Planner, at City Hall or at (209) 827-2432.
All persons are invited to be present at the public hearing. Written and oral testimony is invited. Notice is hereby further given that if you challenge the above described Project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this Notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing.
Additional information may be obtained from the Community & Economic Development Department at 520 J Street, Los Banos, California. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Office of the City Clerk at (209) 827-7000. Notification at least 72 hours prior to the public hearing will enable the City to make reasonable arrangements to allow participation at this hearing
LOS BANOS
~