LOs Banos
At the Crossroads of California
www.losbanos.org
AGENDA
CITY COUNCIL MEETING
CITY HALL COUNCIL CHAMBERS
520 J Street
Los Banos, California
AUGUST 7, 2024 - 6:00 PM
~ stream on YouTube at
, ................................................................... https://www.youtube.com/@losbanos406 ................................................................... .
If you require special assistance to attend or participate in this meeting, please call the City Clerk's Office@ (209) 827-7000 at least 48 hours prior to the meeting.
The City of Los Banos complies with the Americans with Disabilities Act (ADA) of 1990. * * * * * * * ** * * * * * * *
Si requiere asistencia especial para atender o participar en esta junta por favor flame 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.
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Cua/quier escritura o /os documentos proporcionaron a una mayoria def Ayuntamiento respecto a cualquier articulo en este orden def dfa sera hecho disponible para la inspecci6n publica en la reunion y en la oficina de la Secretaria de la ciudad en City Hall, 520 J Street, Los Banos,
California durante horas de oficina normales. Ademas, tales escrituras y /os 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 publio ~omment 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 lhe meeting. Comments received will not be read aloud at the meeting, but shall be istributed 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•~ website at th.e fo lowing link: htt s://losbanos.or /cate or /cit -council Los Banos City Council Agenda - August 7, 2024 Page 1 of 4 1 1. CALL TO ORDER- August 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. PRESENTATION.
A. Certificate of Recognition - Employee of the Month for July 2024 - Jelene de Melo, Administrative Coordinator in the Public Works Department.
B. Proclamation - Recognizing the Retirement of City of Los Banos Police Officer Todd Pricolo.
C. Proclamation - Recognizing August 4-10, 2024 as National Health Center Week 2024.
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 #246238 - #246583 in the Amount of $4,272,170.82.
Recommendation: Approve the check register as submitted.
B. City Council Meeting Minutes for July 17, 2024.
Recommendation: Approve the minutes as submitted.
C. City Council Resolution No. 6814 - Approving the Acceptance of a $50,000 Grant (PT25050) from the California Office of Traffic Safety (OTS) and Amending the 2024-2025 Fiscal Year Budget by Increasing the Appropriation Amount of the State Grant Fund Account for Expenditures and Revenues in the Amount of $50,000.
Recommendation: Adopt the resolution as submitted.
Los Banos City Council Agenda - August 7, 2024 Page 2 of 4 2 D. City Council Resolution No. 6815 - Amending the 2024 - 2025 Fiscal Year Budget and Approving the Increase of Expenditures in the Amount of $44,447.47 and Revenues in the Amount of $39,447.47 Related to the Replacement of a Totaled Code Enforcement Vehicle, to be Reimbursed by Sedgwick Insurance Firm.
Recommendation: Adopt the resolution as submitted.
E. City Council Resolution No. 6816 - Authorizing the City Manager to File a Regional Surface Transportation Program (RSTP) Exchange Program Fund Claim Form for Fiscal Year 2023-2024 in the Amount of $652,215.
Recommendation: Adopt the resolution as submitted.
F. City Council Resolution No. 6817 - Authorizing the City Manager to Execute the Second Amendment to the Professional Services Agreement with Carollo Engineers, Inc. for the Storm Drain System Master Plan Update in the Amount of $57,883.
Recommendation: Adopt the resolution as submitted.
G. City Council Resolution No. 6818 - Approving a Tentative Agreement / Memorandum of Understanding By and Between the City of Los Banos and the Los Banos Police Dispatchers Community Services Officers Association (LBPDCSOA) from July 1, 2024 - June 30, 2027.
Recommendation: Adopt the resolution as submitted.
H. City Council Resolution No. 6819 - Amending Division 4, Salary Schedule - Employee Classifications of the City's Policy & Procedures Manual Relating to Changes to Section G - Police Associated with the LBPDCSOA Tentative Agreements/ Memorandums of Understanding.
Recommendation: Adopt the resolution as submitted.
8. PUBLIC HEARING. (If you challenge the proposed action as described herein in court, you may be limited to raising only those issues you or someone else raised at the public hearing described herein or in written correspondence delivered to the City at, or prior to, the public hearing.) A. Public Hearing - To Receive Public Comment and Consideration of a Conditional Use Permit #2024-05 and a Categorical Exemption from the California Environmental Quality Act Pursuant to Section 15301, Existing Facilities, to Allow the Use of a Type 41 Alcohol License for the On-Sale of Beer and Wine for a Bona-fide Eating Place, La Gloria Restaurant and Desserts LLC, Located at 265 Mercey Springs Road, I & J, More Specifically Identified as Assessor's Parcel Numbers: 025-121-012 and 013. 1) City Council Resolution No. 6820 - Finding the Proposed Project to be Categorically Exempt from the California Environmental Quality Act Pursuant to Section 15301, Existing Facilities and Approving Conditional Los Banos City Council Agenda - August 7, 2024 Page 3 of 4 3 Use Permit #2024-05 for a Type 41 Alcohol License for La Gloria Restaurant & Desserts Located at 265 Mercey Springs Road, Suite I & J.
Recommendation: Receive staff report, open public hearing, close the public hearing, and adopt the resolution as submitted.
B. Public Hearing - To Receive Public Comment and Consideration for the Renewal of the Los Banos Downtown Property and Business Improvement District.
1) City Council Resolution No. 6821 - Renewing the Los Banos Downtown Property and Business Improvement District (LBDPBID), Approving the Assessment Formula and Levying the Assessments.
Recommendation: Receive staff report, open public hearing, close the public hearing, and adopt the resolution as submitted.
9. CANCELLATION OF THE REGULAR CITY COUNCIL MEETING SCHEDULED FOR WEDNESDAY, SEPTEMBER 4, 2024 DUE TO SUMMER BREAK.
Recommendation: Cancel the meeting as stated.
10. ADVISEMENT OF PUBLIC NOTICES. (One 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. Douglas Begonia, Jr. - District 2
B. Brett Jones - District 3
C. Deborah Lewis - District 4
D. Kenneth Lambert - District 1
E. Paul Llanez - Mayor 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
14. ADJOURNMENT. ard not less than 2 hours prior to the meeting.
Sara Blevins, Assistant City Clerk Dated this 2nd day of August 2024 Los Banos City Council Agenda - August 7, 2024 Page 4 of4 4 CERTIFICATE OF RECOGNITION
<Presented <To
JELENE DE MELO
ADMINISTRATIVE COORDINATOR
PUBLIC WORKS DEPARTMENT
In recognition of your outstanding peiformance
and dedicated service to tlie City of Los <Banos and
for 6eing named "P,mpfoyee of tlie ?vlontli "for Ju[y 2024.
Pau( £Canez, :Mayor
(})atea: Jlugust 7, 2024
~ /~ LOs Banos
At the Crossroads of Cal{(ornia ,.~~
5 THIS PAGE IS INTENTIONALLY LEFT BLANK
6 LOs Banos
At the Cross,·oads of California
PROCLAMATION
RECOGNIZING THE RETIREMENT OF
CITY OF LOS BANOS
POLICE OFFICER TODD PRICOLO
WHEREAS, Todd Pricolo was hired as a Police Officer by the City of Los Banos on November 27, 2000; and
WHEREAS, Todd Pricolo has contributed tremendously throughout his career to the community of Los Banos with his knowledge and commitment to his job; and WHEREAS, Todd Pricolo retired from the City of Los Banos as Police Officer on August 1, 2024 with 23 years of seroice as a City employee.
NOW, THEREFORE, BE IT PROCLAIMED that the Mayor and City Council Members of the City of Los Banos do hereby commend Todd Pri.colo on his dedication and loyalty to the City of Los Banos and congratulate him on his retirement.
BE IT FURTHER PROCLAIMED that this proclamation was presented to Todd Pricolo at the City Council Meeting held on August 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 August 2024.
APPROVED:
Paul Llanez, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
7 THIS PAGE IS INTENTIONALLY LEFT BLANK
8 LOsBanos
I(
PROCLAMATION RECOGNIZING
AUGUST 4~10, 2024 AS
NATIONAL HEALTH CENTER WEEK 2024
WHEREAS, For over 50 years, Community Health Centers like Golden Valley Health Centers have provided high-quality, affordable, comprehensive primary and preventative health care in our Nation's medically underserued communities, delivering value to, and significantly impacting America's health care system; and WHEREAS, As the country's largest primary care network, Community Health Centers are the healthcare home for over 31.5 million Americans in over 15,000 communities across the country and serve as beacons for America's most vulnerable and underserved populations. Community Health Centers are a critical element of the health system, serving both rnral and urban populations and often providing the only accessible and dependable source of primary care in their communities; and WHEREAS, Every day, Community Health Centers develop new approaches to integrating a wide range of services beyond primary care, including oral health, vision, behavioral health, pharmacy, and specialty services, allowing each community member to thrive; and WHEREAS, Community Health Centers have doubled their behavioral health workforce in the last decade. Community Health Center are a positive economic driver, reducing costs of care and helping manage patients' chronic conditions~ and keeping them out of expensive healthcare settings like hospital emergency rooms; and
WHEREAS, Community Health Centers support more than 500,000 direct and indirect employees who work as part of a multi-disciplinary clinical team which is designed to treat the whole patient. Community Health Centers are on the front lines of emerging health care crises, providing access to care for our Nation's veterans, addressing the opioid epidemic, and responding to public health threats in the wake of natural disasters; and
WHEREAS, National Health Center week offers the opportunity to celebrate America's more than 1,400 Community Health Center organizations with over 15,000 service delivery sites, including over 3,600 schools.
We honor their dedicated staff, board members, patients and all those responsible for their continued success and growth while celebrating the legacy of America's Community Health Centers, and their vital role in shaping the past, present, and future of America's health care system.
NOW, THEREFORE, BE IT PROCLAIMED, the Mayor and City Council Members of the City of Los Banos do hereby proclaim August 4-10, 2024 a.s NATIONAL HEALTH CENTER WEEK and encourage all Amencans to participate in this week by celebrating this vital partnership between America's Community Health Centers and the communities they serve.
In witness whereof, I have hereunto set my
hand and caused to be affixed the seal of the
City of Los Banos, this ]lh day of August 2024.
APPROVED:
Paul Llanez, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
9 THIS PAGE IS INTENTIONALLY LEFT BLANK
10 CK # 246238- # 246583 08/07/2024 $4,272,170.82
Check Report
Check by Date
Check Number Payment Date
246238 07/10/2024
246239 07/12/2024
246240
246241
246242
246243
246244
246245
246246
246247
246248
246249
246250
246251
246252
246255
246256
246257
246258
246259
246260
246261
246262
246263
246264
246265
246266
246267
246268
246269
246270
246271
246272
246273
246274
246275
246276
246277
246278
246279
246280
246281
246282
246283
246284
246285
246286
246287
246288
07/12/2024
07/12/2024
07/12/2024
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07/12/2024
Vendor Name
Western Valley Insurance
Jesse Castillo
City of Los Banos Escrow Account
Brigit Figueroa-Ramirez
Fresno City College
Jennifer Hogan
Jennifer Loa
Richard Mancera
Christy McCammond
Ivan Mendez
Gerald "Obie" O'Brien
Jesus Parras
Juan Ramirez
Vincent Rizzo
Ronny's Inc.
Todd Silva
Jeremy Sterling
Fernando Simas
Brian Thompson
Windecker Inc
ACT Lighting Inc
Anthony Gomes
Hortencia Azevedo
Boot Barn
Brindlee Mountain Fire Apparatus, LLC
Brinks Inc.
CEP America California
Cook's Communications Corp.
CPS
CSG Consultants Inc.
Fernando Canizales
Double D Towing, LLC
Employment Development Dept
Fas Trak Invoice Processing Dept.
Food 4 Less
Galls Inc
Ivan Avila Garcia
Government Revenue Solutions Holdings I, LLC
Grainger Parts Operations
Raul Granillo
KnowBe4, Inc.
Guido I Marquez
Matrix Audio Visual Design, Inc.
Marfab Inc
Maverick Data Systems
Merced MRI Medical Group
NDN International LLC
O'Dell Engineering
OSE
T Cityof B LOS ··.anos
41 the Cwssmads of California
Module
Accounts Payable
Accounts Payable
Payment Type
Check
Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Accounts Payable Check
Payment Amount
10,940.00
40.00 15,236.74
180.00
337.00
141.00
412.10
215.00
545.06
215.00
77.14 215.00
515.59
699.90
62,506.05
190.00
141.00
40.00 89.19
23,927.39
269.36
706.29
600.00
370.20
880.00
887.67
832.00
275.00
598.00
230.00
500.00
270.00
4,929.00
12.75 227.40
146.02
544.12
2,000.00
341.73
2,610.00
1,707.60
5,444.74
320.00
361.24
1,241.09
65.00 2,622.60
2,840.00
21.74 11
246289 07/12/2024 O'Reilly Auto Parts Accounts Payable Check 446.20 246291 07/12/2024 Our Father's House Accounts Payable Check 600.00 246292 07/12/2024 Precision Civil Engineering, Inc Accounts Payable Check 3,630.00 246293 07/12/2024 Protech Security & Electronics, Inc. Accounts Payable Check 738.00 246294 07/12/2024 RAT Incorporated Accounts Payable Check S30.00 246295 07/12/2024 Yuri Sagastume Accounts Payable Check 375.00 246296 07/12/2024 Sample Traps LLC Accounts Payable Check 1,550.00 246297 07/12/2024 Save Mart Supermarkets Accounts Payable Check 131.75 246298 07/12/2024 Sherwin Williams Co Accounts Payable Check 175.58 246299 07/12/2024 Robert & Susan Hansen Accounts Payable Check 565.50 246300 07/12/2024 Sorensens True Value Accounts Payable Check 3,624.41 246301 07/12/2024 Stanislaus Farm Supply Accounts Payable Check 150.00 246302 07/12/2024 Sun Ridge Systems, Inc. Accounts Payable Check 4,500.00 246303 07/12/2024 Talley Oil Inc. Accounts Payable Check 2,236.89 246304 07/12/2024 TeamCalifornia Economic Development Corp. Accounts Payable Check 1,500.00 246305 07/12/2024 Triangle Rock Products Accounts Payable Check 437.21 246306 07/12/2024 Tyler Technologies, Inc. Accounts Payable Check 4,165.00 246307 07/12/2024 Guillermina Talamates Accounts Payable Check 350.00 246308 07/12/2024 United Site Services, Inc. Accounts Payable Check 810.42 246309 07/12/2024 Vestis Group, Inc. Accounts Payable Check 3,970.18 246311 07/12/2024 Vestis Accounts Payable Check 193.81
246312 07/12/2024 Verizon Wireless Accounts Payable Check 458.12 246313 07/12/2024 Vigilant Solutions, LLC Accounts Payable Check 3,120.00 246314 07/12/2024 Westside Water Conditioning Accounts Payable Check 63.40 246315 07/12/2024 West Publishing Corporation Accounts Payable Check 466.85 246316 07/12/2024 Windecker Inc Accounts Payable Check 12,748.58 246317 07/12/2024 Witmer Public Safety Group, Inc Accounts Payable Check 4,995.05 246318 07/12/2024 Craig & Craig Prof. Services, Gina Utility Billing Check 80.47 246319 07/12/2024 Munsif Fadhil Utility Billing Check 124.65 246320 07/12/2024 Alicia Sanchez Hurtado Utility Billing Check 61.45 246321 07/12/2024 Brenda Aguirre Utility Billing Check 19.65 246322 07/12/2024 Manuel Garcia Utility Billing Check 62.40 246323 07/12/2024 Lidia Hidalgo Beauchamp Utility Billing Check 55.8S 246324 07/12/2024 Remi T Ogunnupe Utility Billing Check 29.15 246325 07/12/2024 Joanna V. Bejarano Utility Billing Check 84.61 246326 07/12/2024 Blanca A Munoz Utility Billing Check 62.40 246327 07/12/2024 D.R. Horton Utility Billing Check 161.47 246328 07/12/2024 D.R. Horton Utility Billing Check 163.06 246329 07/12/2024 UC Construction Utility Billing Check 134.91 246330 07/18/2024 Brent Kuhn Accounts Payable Check 13,200.00 246334 07/19/2024 Aflac-Customer Service Accounts Payable Check 235.68 246335 07/19/2024 AFSCME District Council 57 Accounts Payable Check 1,570.98 246336 07/19/2024 Empower Annuity Ins. Co of America Accounts Payable Check l,SS0.37 246337 07/19/2024 Empower Annuity Ins. Co of America Accounts Payable Check 2,947.00 246338 07/19/2024 Los Banos Fitness & Racquet Club Accounts Payable Check 265.00 246339 07/19/2024 Los Banos Police Assn Accounts Payable Check 1,050.00 246340 07/19/2024 Los Banos Police Assn. Accounts Payable Check 280.00 246341 07/19/2024 Merced County Sheriff Accounts Payable Check 200.00 246342 07/19/2024 MissionSquare Accounts Payable Check 841.65 246343 07/19/2024 MissionSquare Accounts Payable Check 7,725.00 246344 07/19/2024 Nationwide Retirement Solutions Accounts Payable Check 4,373.66 246345 07/19/2024 Professional Fire Fighter of Los Banos Local 4703 Accounts Payable Check 1,125.00 246346 07/19/2024 State Disbursement Unit Accounts Payable Check 1,100.00 246347 07/19/2024 Brindlee Mountain Fire Apparatus, LLC Accounts Payable Check 9,628.00 246348 07/19/2024 Stericycle Inc Accounts Payable Check 7,261.00 246349 07/19/2024 Callander Associates Landscape Architecture, Inc. Accounts Payable Check 39,574.44 246350 07/19/2024 Chrisp Company Accounts Payable Check 94,832.00 246351 07/19/2024 Core Business Interiors Accounts Payable Check 6,675.48 246352 07/19/2024 Cook's Communications Corp. Accounts Payable Check 9,889.33 12 246353 07/19/2024 CSG Consultants Inc. Accounts Payable Check 41,417.70 246354 07/19/2024 Firetrucks Unlimited LLC Accounts Payable Check 521,250.00 246355 07/19/2024 Raul Granillo Accounts Payable Check 20,010.00 246356 07/19/2024 Halcyon Creek Inc. Accounts Payable Check 14,619.00 246357 07/19/2024 Indigo/Hammond & Playle Architects, LLP Accounts Payable Check 15,200.00 246358 07/19/2024 lnfoSend Inc. Accounts Payable Check 8,319.15 246359 07/19/2024 Liebert Cassidy Whitmore Accounts Payable Check 15,824.00 246360 07/19/2024 Marina Landscape, Inc. Accounts Payable Check 26,296.00 246361 07/19/2024 Mark Thomas & company. Inc. Accounts Payable Check 32,644.54 246362 07/19/2024 Guido I Marquez Accounts Payable Check 10,646.94 246363 07/19/2024 O'Dell Engineering Accounts Payable Check 21,587.50 246364 07/19/2024 Placer Labs, Inc. Accounts Payable Check 20,672.00 246365 07/19/2024 Ronny's Inc. Accounts Payable Check 159,993.68 246366 07/19/2024 Turlock Sheet Metal & Welding Inc. Accounts Payable Check 118,500.00 246367 07/19/2024 Valley Granite & Cabinets Accounts Payable Check 5,349.06 246368 07/19/2024 Vigilant Solutions, LLC Accounts Payable Check 6,006.00 246369 07/19/2024 Vanessa Rosas Accounts Payable Check 65.00 246370 07/19/2024 Westamerica Bank - Cafeteria Plan Accounts Payable Check 88,954.98 246371 07/19/2024 American Self Storage Accounts Payable Check 1,290.00 246372 07/19/2024 Animal Damage Management, Inc. Accounts Payable Check 2,528.75 246374 07/19/2024 Anthony Gomes Accounts Payable Check 330.62 246375 07/19/2024 AT&T Mobility Accounts Payable Check 781.34 246376 07/19/2024 AT&T Accounts Payable Check 113.00
246377 07/19/2024 Griselda Angulo Accounts Payable Check 300.00 246378 07/19/2024 BJ's Consumers Choice Pest Control Inc. Accounts Payable Check 250.00 246379 07/19/2024 Blueglobes LLC Accounts Payable Check 289.42 246380 07/19/2024 BS K Associates Accounts Payable Check 1,583.74 246381 07/19/2024 CA Governor's Office of Emergency Services Accounts Payable Check 675.00 246382 07/19/2024 CENCAL Machine & Fabrication Inc. Accounts Payable Check 49.00 246383 07/19/2024 Clark Pest Control Inc Accounts Payable Check 307.00 246384 07/19/2024 Cook's Communications Corp. Accounts Payable Check 477.65 246385 07/19/2024 CPCA Accounts Payable Check 1,702.00
246386 07/19/2024 Customlnk Parent, LLC Accounts Payable Check 2,771.77 246387 07/19/2024 De Lage Landen Public Finance LLC Accounts Payable Check 2,788.59 246388 07/19/2024 Fas Trak Invoice Processing Dept. Accounts Payable Check 7.00 246389 07/19/2024 Federal Express Corporation Accounts Payable Check 22.74 246390 07/19/2024 Karina Flores Accounts Payable Check 550.00 246391 07/19/2024 Ivan Avila Garcia Accounts Payable Check 2,068.58 246392 07/19/2024 GoTo Communications, Inc. Accounts Payable Check 3,817.19 246393 07/19/2024 Governmentjobs.com, Inc. Accounts Payable Check 521.69 246394 07/19/2024 Gouveia Engineering Inc. Accounts Payable Check 10,152.42 246395 07/19/2024 Grainger Parts Operations Accounts Payable Check 1,545.09 246396 07/19/2024 Henley Pacific, UC Accounts Payable Check 113.21 246397 07/19/2024 Hillyard, Inc Accounts Payable Check 2,500.30 246398 07/19/2024 Monica A Herrador Accounts Payable Check 450.00 246399 07/19/2024 Horne LLP dba Lihwap Accounts Payable Check 198.23 246400 07/19/2024 Kimball Midwest Accounts Payable Check 260.84 246401 07/19/2024 Krazan & Associates Accounts Payable Check 4,950.00 246402 07/19/2024 TimJ Law Accounts Payable Check 800.00 246403 07/19/2024 Lowe's Accounts Payable Check 1,796.99 246404 07/19/2024 Alejandra Lopez Accounts Payable Check 300.00 246405 07/19/2024 Guido I Marquez Accounts Payable Check 556.82 246406 07/19/2024 Marfab Inc Accounts Payable Check 696.42 246407 07/19/2024 McNamara Sports Inc Accounts Payable Check 1,086.84 246408 07/19/2024 Merced Chevrolet Inc. Accounts Payable Check 252.42 246409 07/19/2024 Merced County Assessor Accounts Payable Check 107.50 246410 07/19/2024 Napa Auto Parts of Los Banos Accounts Payable Check 78.17 246411 07/19/2024 N DN International LLC Accounts Payable Check 981.40 246412 07/19/2024 Normac Inc Accounts Payable Check 642.90 13 246413 07/19/2024 O'Reilly Auto Parts Accounts Payable Check 2,732.28 246414 07/19/2024 Protech Security & Electronics, Inc. Accounts Payable Check 228.75 246415 07/19/2024 Riggs Ambulance Service Accounts Payable Check 577.52 246416 07/19/2024 SJVAPCD Accounts Payable Check 40.00
246417 07/19/2024 Safe T Lite of Modesto, Inc. Accounts Payable Check 688.80 246418 07/19/2024 Save Mart Supermarkets Accounts Payable Check 101.47 246419 07/19/2024 Sherwin Williams Co Accounts Payable Check 394.66 246420 07/19/2024 Robert & Susan Hansen Accounts Payable Check 348.00 246421 07/19/2024 Soares Lumber & Fence Inc Accounts Payable Check 154.42 246422 07/19/2024 Southwest Promotiona I Solutions LLC Accounts Payable Check 2,790.00 246423 07/19/2024 Sorensens True Value Accounts Payable Check 1,779.19 246425 07/19/2024 Luis M Sanchez Accounts Payable Check 500.00 246426 07/19/2024 Tango Tango, Inc. Accounts Payable Check 4,490.00 246427 07/19/2024 TeamCalifornia Economic Development Corp. Accounts Payable Check 2,500.00 246428 07/19/2024 Tractor Supply Credit Plan Accounts Payable Check 1,086.23 246429 07/19/2024 Elizabeth Uribe Accounts Payable Check 1,138.75 246430 07/19/2024 USA Blue Book Accounts Payable Check 2,792.74 246431 07/19/2024 Vestis Group, Inc. Accounts Payable Check 202.01 246432 07/19/2024 Vestis Accounts Payable Check 193.81
246433 07/19/2024 VFW & American Legion Accounts Payable Check 120.00 246434 07/19/2024 Windecker Inc Accounts Payable Check 6,339.00 246435 07/19/2024 Young's Air Conditioning Accounts Payable Check 1,038.00 246436 07/19/2024 Raul Jaime Utility Billing Check 9.78 246437 07/ 19/2024 Maria Pereyra-Gutierrez Utility Billing Check 137.75 246438 07/19/2024 Javier and Guadalupe Rubio Delgado Utility Billing Check 31.20 246439 07/19/2024 Nubia Palomo Utility Billing Check 114.82 246440 07/19/2024 Borelli Real Estate Utility Billing Check 12.70 246441 07/19/2024 Jesse Castillo Utility Billing Check 114.82 246442 07/19/2024 UC Construction Utility Billing Check 24.55 246443 07/19/2024 Amalia Pulido Utility Billing Check 64.53 246444 07/19/2024 Alberto Pena-Aparicio Utility Billing Check 101.56 246445 07/19/2024 Paul E Parriera Jr Utility Billing Check 158.08 246446 07/19/2024 D.R. Horton Utility Billing Check 24.55 246447 07/19/2024 D.R. Horton Utility Billing Check 24.55 246448 07/19/2024 D.R. Horton Utility Billing Check 24.55 246449 07/19/2024 D.R. Horton Utility Billing Check 24.55 246450 07/19/2024 D.R. Horton Utility Billing Check 24.55 246451 07/19/2024 D.R. Horton Utility Billing Check 24.55 246452 07/19/2024 D.R. Horton Utility Billing Check 24.55 246453 07/19/2024 D.R. Horton Utility Billing Check 24.55 246454 07/19/ 2024 D.R. Horton Utility Billing Check 24.55 246455 07/19/2024 UC Construction Utility Billing Check 24.55 246456 07/19/2024 UC Construction Utility Billing Check 147.58 246457 07/19/2024 UC Construction Utility Billing Check 146.79 246458 07/19/2024 Flor-Einstein Cabalteja Utility Billing Check 82.38 246459 07/19/2024 lraj Ghazanfari Utility Billing Check 116.00 246460 07/19/2024 Florina Vazquez Gaytan Utility Billing Check 21.42 246461 07/19/2024 Monica Rodriguez Utility Billing Check 16.24 246462 07/19/2024 Sally Leal Utility Billing Check 165.64 246463 07/19/2024 Siqian Wang Utility Billing Check 141.03 246464 07/19/2024 Martha Alcala Utility Billing Check 13.49 246465 07/19/2024 MHP Builders Inc Utility Billing Check 158.82 246466 07/19/2024 D.R. Horton Utility Billing Check 155.93 246467 07/19/2024 D.R. Horton Utility Billing Check 157.52 246468 07/19/2024 D.R. Horton Utility Billing Check 155.14 246469 07/19/2024 D.R. Horton Utility Billing Check 185.75 246470 07/26/2024 Apex Annex Health Center, Inc. Accounts Payable Check 335.00 246471 07/26/2024 Tim Baptista Jr. Accounts Payable Check 150.00 246472 07/26/2024 CSJVRMA Accounts Payable Check 1,150,837.00 14 246477 07/26/2024 Govlnvest, Inc. Accounts Payable Check 16,250.00 246478 07/26/2024 Halcyon Creek Inc. Accounts Payable Check 14,619.00 246479 07/26/2024 Eleuterio Guillermo Hernandez Accounts Payable Check 31,500.00 246480 07/26/2024 Mark Thomas & company. Inc. Accounts Payable Check 840.00 246481 07/26/2024 Merced County Association of Governments Accounts Payable Check 32,944.00 246482 07/26/2024 Merced MRI Medical Group Accounts Payable Check 65.00 246483 07/26/2024 Mid-Valley Disposal LLC Accounts Payable Check 568,916.67 246484 07/26/2024 O'Reilly Auto Parts Accounts Payable Check 10,873.91 246485 07/26/2024 PG&E Company Accounts Payable Check 204,521.10 246486 07/26/2024 Jose Plascencia Accounts Payable Check 200.00 246487 07/26/2024 Schwarze Industries Inc. Accounts Payable Check 399,597.15 246488 07/26/2024 Superior Pool Products, LLC Accounts Payable Check 17,659.25 246489 07/26/2024 Thirkettle Corporation Accounts Payable Check 95,464.23 246490 07/26/2024 Alhambra Accounts Payable Check 76.42 246491 07/26/2024 AAA Business Supplies Accounts Payable Check 780.09 246492 07/26/2024 All American Plumbing Accounts Payable Check 4,221.54 246493 07/26/2024 Anderson Pump Company Inc Accounts Payable Check 636.59 246494 07/26/2024 AT&T Accounts Payable Check 644.99
246495 07/26/2024 BJ's Consumers Choice Pest Control Inc. Accounts Payable Check 125.00 246496 07/26/2024 Richard A Blak Phd Accounts Payable Check 930.00 246497 07/26/2024 Sara Blevins Accounts Payable Check 558.75 246498 07/26/2024 Bound Tree medical LLC Accounts Payable Check 1,301.76 246499 07/26/2024 Stericycle Inc Accounts Payable Check 341.70 246500 07/26/2024 BSK Associates Accounts Payable Check 9,464.11 246501 07/26/2024 BMY Construction Group Incorporated Accounts Payable Check 608.68 246502 07/26/2024 Cascade Fire Equipment Company Accounts Payable Check 4,751.25 246503 07/26/2024 CENCAL Machine & Fabrication Inc. Accounts Payable Check 682.64 246504 07/26/2024 Cintas Corporation No.2 Accounts Payable Check 63.86 246505 07/26/2024 Coffee Break Service Inc. Accounts Payable Check 624.69 246506 07/26/2024 Comcast Accounts Payable Check 118.16 246507 07/26/2024 Cook's Communications Corp. Accounts Payable Check 3,827.10 246508 07/26/2024 Copy Shipping Solutions Accounts Payable Check 120.43 246509 07/26/2024 CPS Accounts Payable Check 828.00
246510 07/26/2024 CSG Consultants Inc. Accounts Payable Check 836.25 246511 07/26/2024 CVCWA Accounts Payable Check 3,350.00 246512 07/26/2024 Gisela Camarena Accounts Payable Check 350.00 246513 07/26/2024 D & D Pest Control Accounts Payable Check 163.00 246514 07/26/2024 Dos Palos Publishing Company Accounts Payable Check 230.00 246515 07/26/2024 Double D Towing, LLC Accounts Payable Check 145.00 246516 07/26/2024 Raul Escatel Accounts Payable Check 600.00 246517 07/26/2024 Mallory Foster Accounts Payable Check 600.00 246518 07/26/2024 Grainger Parts Operations Accounts Payable Check 505.33 246519 07/26/2024 Guido I Marquez Accounts Payable Check 320.00 246520 07/26/2024 Marfab Inc Accounts Payable Check 45.00 246521 07/26/2024 Merced Chevrolet Inc. Accounts Payable Check 367.10 246522 07/26/2024 Municipal Maintenance Equipment, Inc. Accounts Payable Check 572.46 246523 07/26/2024 Linda Mancebo Accounts Payable Check 600.00 246524 07/26/2024 Adriana Mercado Accounts Payable Check 350.00 246525 07/26/2024 Abigail Mondragon Accounts Payable Check 600.00 246526 07/26/2024 New Pig Corporation Accounts Payable Check 1,198.27 246527 07/26/2024 North Central Laboratories Accounts Payable Check 274.08 246528 07/26/2024 OSE Accounts Payable Check 3,474.51
246529 07/26/2024 O'Reilly Auto Parts Accounts Payable Check 1,742.10 246530 07/26/2024 Owen Equipment Sales Accounts Payable Check 1,514.61 246531 07/26/2024 Pace Supply Corp. Accounts Payable Check 2,486.74 246532 07/26/2024 Provost and Pritchard Engineering, Inc. Accounts Payable Check 14,436.50 246533 07/26/2024 Quad Knopf, Inc. Accounts Payable Check 3,352.45 246534 07/26/2024 R & S Erection Tri-County Inc. Accounts Payable Check 2,559.00 246535 07/26/2024 Jaclyn Ritchie Accounts Payable Check 80.00 15 246536 07/26/2024 SJVAPCD Accounts Payable Check 290.00 246537 07/26/2024 Yuri Sagastume Accounts Payable Check 2,475.00 246538 07/ 26/2024 Save Mart Supermarkets Accounts Payable Check 44.57 246539 07/26/2024 Sherwin Williams Co Accounts Payable Check 73.54 246540 07/26/2024 Sorensens True Value Accounts Payable Check 458.00 246542 07/26/2024 Stantec Consulting Services, Inc. Accounts Payable Check 4,314.00 246543 07/26/2024 Summit Uniforms Inc Accounts Payable Check 1,147.34 246544 07/26/2024 T-Mobile USA Inc. Accounts Payable Check 115.00 246545 07/26/2024 Technicon Engineering Services, Inc. Accounts Payable Check 2,569.00 246546 07/26/2024 Terryberry Company LLC Accounts Payable Check 371.14 246547 07/26/2024 The Ed Jones Company Accounts Payable Check 2,262.99 246548 07/26/2024 Samantha Alison Tova Accounts Payable Check 310.00 246549 07/26/2024 Tyler Technologies, Inc. Accounts Payable Check 435.00 246550 07/26/2024 United Textile Accounts Payable Check 218.83 246551 07/26/2024 USA Blue Book Accounts Payable Check 1,284.16 246552 07/26/2024 Vestis Group, Inc. Accounts Payable Check 577.28 246553 07/26/2024 Vestis Accounts Payable Check 193.81
246554 07/26/2024 Verizon Wireless Accounts Payable Check 260.03 246555 07/26/2024 VFW & American Legion Accounts Payable Check 60.00 246556 07/26/2024 Sandra Valencia Accounts Payable Check 350.00 246557 07/26/2024 Westside Water Conditioning Accounts Payable Check 193.50 246558 07/26/2024 Windecker Inc Accounts Payable Check 3,483.67 246559 07/26/2024 Young's Air Conditioning Accounts Payable Check 306.00 246560 07/26/2024 Youth Evolution Activites Accounts Payable Check 887.25 246561 07/26/2024 Sheri Lynae Schmier Utility Billing Check 27.68 246562 07/26/2024 Cynthia Rose Gonzales Utility Billing Check 5.50 246563 07/26/2024 Adrian Melgoza Utility Billing Check 6.45 246564 07/26/2024 Natalie Barrios Utility Billing Check 40.98 246565 07/26/2024 Kyle Andrew Badillo Utility Billing Check 65.68 246566 07/26/2024 MH P Builders Inc Utility Billing Check 166.74 246567 07/26/2024 UC Construction Utility Billing Check 105.94 246568 07/26/2024 UC Construction Utility Billing Check 158.03 246569 07/26/2024 RBG Construction Utility Billing Check 186.54 246570 07/26/2024 RBG Construction Utility Billing Check 186.54 246571 07/26/2024 RBG Construction Utility Billing Check 186.54 246572 07/26/2024 Moksh Modi Utility Billing Check 108.27 246573 07/26/2024 Sunshine Investments Utility Billing Check 105.00 246574 07/26/2024 D.R. Horton Utility Billing Check 174.66 246575 07/26/2024 UC Construction Utility Billing Check 171.02 246576 07/26/2024 Century Communities Utility Billing Check 178.62 246577 07/26/2024 D.R. Horton Utility Billing Check 178.62 246578 07/26/2024 D.R. Horton Utility Billing Check 177.03 246579 07/26/2024 D.R. Horton Utility Billing Check 177.03 246580 07/26/2024 D.R. Horton Utility Billing Check 178.62 246581 07/26/2024 UC Construction Utility Billing Check 96.60 246583 07/30/2024 Brent Kuhn Accounts Payable Check 13,200.00 Break in check sequence due to the following: Payment Type Payment Check #246253 - #246254 (Manual Void) Regular Checks 331 4,272,170.82 Check #246290 (Manual Void) Manual Checks 0 0.00
Check #246310 (Manual Void) Voided Checks 0 0.00
Check #246331 (Manual Void) 331 4,272,170.82
Check #246332 - #246333 (Payroll)
Check #246373 (Manual Void)
Check #246424 (Manual Void)
Check #246473 - #246476 (Manual Void)
Check #246424 (Manual Void)
Check #246541 (Manual Void)
16 CITY OF LOS BANOS
CITY COUNCIL MEETING MINUTES
JULY 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 6:00 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 Attorney Vaughn, Police Chief Reyna, City Clerk/Human Resources Director Mallonee, City Treasurer Lawrence, Community & Economic Development Director Souza Elms, Parks & Recreation Director Heim, Finance Director Portillo, Finance Consultant Kuhn, Public Works Director/City Engineer Bergson CONSIDERATION OF APPROVAL OF AGENDA: Motion by Lambert, seconded by Begonia to approve the agenda as submitted. The motion carried by the affirmative action of all Council Members present.
PRESENTATION. Certificate of Recognition - Employee of the Month for June 2024 - Kevin Spencer, Fire Engineer & Raymond Lopez, Fire Fighter in the Fire Department. Mayor Llanez presented the certificates to Kevin Spencer and Raymond Lopez who were in attendance to accept.
PUBLIC FORUM: MEMBERS OF THE PUBLIC MAY ADDRESS THE CITY COUNCIL
MEMBERS ON ANY ITEM OF PUBLIC INTEREST THAT IS WITHIN THE JURISDICTION OF THE CITY; INCLUDES AGENDA AND NON-AGENDA ITEMS. NO ACTION WILL BE TAKEN ON NON-AGENDA ITEMS. SPEAKERS ARE LIMITED TO A FIVE (5) MINUTE PRESENTATION. DETAILED GUIDELINES ARE POSTED ON THE COUNCIL CHAMBER INFORMATIONAL TABLE. BLANCHE JORGE, noted that she lives in the downtown area, assists with the animal and pets we all have in the community, spoke regarding a fundraiser with the downtown businesses for being held on August 2, 2024 and purchasing tickets at The Country Duck and other downtown businesses, in conjunction in working with the City team and Police Department there was a micro chipping at the beginning of the month, she worked on a Paw Patrol event to find lose dogs and return them to their homes, animal group will be doing another spay and neuter program, thanked the Council for applying the $80,000 grant for our town and to make a positive impact when it comes to animals in the future; AMY BONILLAS spoke regarding the unhoused in our community and the recent Supreme Court's decision and 17 how it will negatively impact the unhoused, especially those with mental illness, spoke to the funds for tiny homes the city received and how she is an advocate for the unhoused community and urges continued support of the living communities until the tiny homes are completed; TAMI AVELAR spoke regarding the homeless and thanked Mr. Llanez for responding to her email as she really appreciated it, she has sympathy for those who are trying to better their lives but there a group of them who are not trying to better their lives, speaking to the item on the agenda for a perimeter fence around the Community Center because of concerns with feeling safe and vandalism and how she feels the same as she does not feel safe and she has had things stolen from her yard, what does she do to insure that she feels safe; SARA EDWARDS spoke regarding the Anti-Harassment Rally being held on August 10, 2024 and encouraged all to attend and share their experiences; PASTOR RAUL thanked all for what they do, especially our firefighters and police officers, spoke regarding the cooling centers his church has been providing for those in need, wanted to take some time to reflect on things that are happening throughout our nation, i.e. Trump assignation, and how volatile people can be, and how we have the ability to stop and recognize that we are all human beings and ask how we can encourage each other and lift each other up, a lot of it stems from what we see here and as leaders you should do what is right, speak with grace, the community is watching; GREG HOSTEL TER, President of Ranchwood Contractors and Stonefield Homes speaking to the Mayor about comments he made political comments regarding special interests, and a meeting ago you said you tried to set up regarding Shaunessey, he feels that he is grandstanding behind the scenes, wants to know what you are talking about when you are talking about the entrance and him, the documents speak for themselves, the City is responsible, need to look at the agreement, the City owns the land now and the City has accepted as complete, keep pointing the finger and him and he calls that slander, he is willing to get together and look at any documents the City has, talk about me talking to the City Engineer after hours but because they are both busy and how meeting at 5-6 pm would work because he is new, it's no different than when you are at the League Conference and drink beer with other Council Members which he feels is unprofessional and a waste of tax payer money, a majority of you went to the League of California Cities and stayed an extra night based on the information that comes out of an public records act, how Jones is a hot mess, doesn't tell the truth, make things up and political soundbites, spoke regarding improvements in the Vineyard Subdivision, money has been collected and it is the City's responsibility and feels that it is slander and just making things up, how he has filed a claim with the City last week and will follow up with a lawsuit, the Shaunessy Village issues are the City's issue and how things are being said about him that are not true like he kicked a contractor off the project which is not true, you are just making things up to it sounds good; UNNAMED person spoke regarding the Downtown Association and the events that they are putting on, thanked the City for their support and for all to have a wonderful night. No one else came forward to speak and the public forum was closed.
CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Mayor Llanez stated that he would like to pull items 7M - City Council Resolution No. 6811 - Calling and Giving Notice of the Holding of a Recall Election to be Held on Tuesday, November 5, 2024 for the Recall of Councilmember Douglas Begonia, Jr. as Required by the Provision of the Laws of the State of California Relating to General Law Cities and 7N - City Council 18 Resolution No. 6812 - Calling and Giving Notice of the Holding of a Recall Election to be Held on Tuesday, November 5, 2024 for the Recall of Councilmember Brett Jones as Required by the Provision of the Laws of the State of California Relating to General Law Cities for presentation and separate vote. Council Member Lewis stated that she would like to pull items 7D - City Council Resolution No. 6802 - Rejecting the Bids for the Construction of the Community Center Perimeter Fence Project, 7F - City Council Resolution No. 6804 - Authorizing the City Manager to Execute a Professional Services Agreement between the City of Los Banos and Carollo Engineers, Inc. to Update the Water Master Plan in the Amount of $246,500, 7G - City Council Resolution No. 6805 - Authorizing Award of Construction Contract to Rolfe Construction, Inc. in the Amount of $577,590 with a 10% Contingency in the Amount of $57,759 for the Monroe Avenue Waterline Project, 7H - City Council Resolution No. 6806 - Authorizing Award of Construction Contract to Consolidated Engineering, Inc. in the Amount of $971,707.91 with a 10% Contingency in the Amount of $97, 170 for Fiscal Year 2025 Street Rehabilitations Project, 71 - City Council Resolution No. 6807 - Authorizing the City Manager to Execute a Professional Services Agreement between the City of Los Banos and Sally Swanson Architects, Inc. for the Americans with Disabilities Act (ADA) SelfEvaluation and Transition Plan Not to Exceed $273,400 and Adopt a Revised Budget for the Fiscal Year 2024-2025 as it Pertains to the Facilities Fund in the Amount of $123,400, 70 - City Council Resolution No. 6813 -Authorizing the City Manager to Sign a 24-Month Lease Agreement with Willscot for a Flex Modular Unit in the Amount of $351,154.07 for discussion and separate vote for items 71 and 70.
Item 7D - City Council Resolution No. 6802 - Rejecting the Bids for the Construction of the Community Center Perimeter Fence Project. Council Member Lewis inquired as to why we need this fence and was wondering what type of fence as the staff report doesn't explain this for which Mr. Heim responded that this item is to reject all bids and the reason for the fence is the available budget, it is an ornamental rod iron fence not a cyclone fence, it will add security to the facility and help track who is on site and will hope that the fence will help provide a space for people to use the bocce ball and other outdoor areas.
Council Member Lewis asked for an explanation of the rod iron fence for which Mr. Heim explained and how people will be able to gain access to the Community Center areas.
Council Member Lewis inquired as to if people gain access that they shouldn't for which Mr. Heim explained that it does happen and they call the Police Department on occasion to deal with the issue.
Item 7F - City Council Resolution No. 6804 - Authorizing the City Manager to Execute a Professional Services Agreement between the City of Los Banos and Carollo Engineers.
Inc. to Update the Water Master Plan in the Amount of $246,500. Council Member Lewis asked for a quick overview of what this is about for which Mr. Bergson explained that it has been 14 years since the Water Master Plan was updated and is somewhat timely as the State has recently passed a Water Act and the plan will provide for future use. Council Member Lewis inquired as to the stakeholder meetings being held by the City with key stakeholders for which Mr. Bergson explained who the key stakeholders would be, being sure to include community members, water districts, etc. Council Member Lewis wanted reassurance that the community will be able to give input and the City Council will be for which Mr. Bergson confirmed. Council Member Lambert inquired as to the time frame, 19 when this should be done, and how often should we be doing it for which Mr. Bergson responded every 5-10 years.
Item 7G - City Council Resolution No. 6805 -Authorizing Award of Construction Contract to Rolfe Construction, Inc. in the Amount of $577,590 with a 10% Contingency in the Amount of $57,759 for the Monroe Avenue Waterline Project. Council Member Lewis asked for a quick overview of this item for which Mr. Bergson explained that the lines are old and have experienced some leakage. Council Member Lewis inquired as to if other streets have been identified for which Mr. Bergson responded yes there are a few and will be looking to reassess the project list of lines that need to be repaired. Council Member Lewis inquired as to if this will adjust the water flow and if the water pressure is low in this project area for which Mr. Bergson responded yes.
Item 7H - City Council Resolution No. 6806 -Authorizing Award of Construction Contract to Consolidated Engineering, Inc. in the Amount of $971 ,707.91 with a 10% Contingency in the Amount of $97,170 for Fiscal Year 2025 Street Rehabilitations Project. Council Member Lewis asked for a quick overview of this item for which Mr. Bergson explained.
Council Member Lewis made note that MCAG hired a consultant to do a laser study of all the streets in the county and did the City use information from that study or is this a separate project for which Mr. Bergson explained that they have been identified in the study. Council Member Lewis inquired as to if each of the streets have a dollar amount for each street to total this grand total for which Mr. Bergson stated yes but he doesn't have the breakdown with him. Council Member Lewis inquired to the grading system with 0 worse and 100 best, have these streets been graded for which Mr. Bergson stated that these streets are at 50 or less. Council Member Lewis inquired as to if the request for this project to be funded is in the budget for which Ms. Portillo responded yes they were already programmed in the budget and approved by City Council.
Item 71 - City Council Resolution No. 6807 -Authorizing the City Manager to Execute a Professional Services Agreement between the City of Los Banos and Sally Swanson Architects, Inc. for the Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan Not to Exceed $273,400 and Adopt a Revised Budget for the Fiscal Year 2024-2025 as it Pertains to the Facilities Fund in the Amount of $123,400. Council Member Lewis asked for a quick overview for which Mr. Bergson presented. Council Member Lewis inquired as to how much will they be doing, what will they be surveying, buildings, sidewalks, streets for which Mr. Bergson explained buildings, parks and facilities. Council Member Lewis inquired as to if there is ADA law that requires that the person who does the assessment is certified, is Swanson going to be training our staff to do these assessments for which Mr. Bergson responded that training staff so that they are aware of ADA barriers and the plan that we put together will take years to complete, will help the day-to-day operations of our facilities. Council Member Lewis stated that she doesn't understand the need to pay to train employees on ADA laws for which Mr.
Bergson responded that the bulk of this contract is to identify, assess and plan, identify problems for ADA improvements. Council Member Lewis inquired as to is we have someone on staff that is certified for which Mr. Souza Elms stated that CSG has someone certified, and Mr. Bergson added that that was not in their scope and they did not bid on the project. Council Member Lewis commented that she was not sure why this was not 20 included in the budget and we seem to do a lot of cost overruns and feels that this is an overreach. Council Member Lambert inquired as to when was the last one done for the City for which Mr. Bergson responded that we have not had one. Council Member Lambert added that if we have an accident, it could cost us some money, we need to find the faults, feels that the $273,000 could save us $2 million, and Mr. Bergson added that comparing the cost to other, their plan was similar in cost. Council Member Lambert noted that several of our businesses closed down because of ADA violations. Council Member stated that this plan includes a CPAC person who can identify these issues, she feels that we should just hire a CPAC person directly and have them work with staff for which Ms. Souza Elms explained that we have evaluated our facilities in the past with CSG but what is being proposed tonight is a plan for the entire City which is required by law, for which Council Member Lewis noted that that it being required by the State was not mentioned. Mayor Llanez stated that it doesn't make sense to take one of our employees to cross train them and have them do this one task, ADA violations are very serious and we need to take care of sooner rather than later; Council Member Lewis stated that she wasn't asking for an employee to be certified, there are people who can do it and not a firm. Motion by Jones, seconded by Begonia to approve City Council Resolution No. 6807 - Authorizing the City Manager to Execute a Professional Services Agreement between the City of Los Banos and Sally Swanson Architects, Inc. for the Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan Not to Exceed $273,400 and Adopt a Revised Budget for the Fiscal Year 2024-2025 as it Pertains to the Facilities Fund in the Amount of $123,400. The motion carried by the following roll call vote: A YES: Begonia, Jones, Lambert, Llanez; NOES: Lewis, ABSENT: None.
Item 70 - City Council Resolution No. 6813 -Authorizing the City Manager to Sign a 24- Month Lease Agreement with Willscot for a Flex Modular Unit in the Amount of $351 ,154.07. Council Member Lewis inquired as to why this is needed for which Ms.
Souza Elms explained that we are at capacity with the growth of employees and explained that this is a temporary facility where we will have a one-stop shop with Planning, Building, Engineering and Housing, how housing has been at the Police Station because there was no room for them at City Hall because of the growth in the Finance Department. Council Member Lewis stated that this lease is for 24-months, how long has it been overcrowded and how long has our Police Department been overcrowded in comparison, took 5 years for the Police Department to move into the new Police Annex, some funding come out the 24/25 budget and the rest to come out of the next year's budget, how it's a pretty sizable unit and will take up parking spots for our employees that will have to park on the street, with Jamz opening up there has been overflow parking coming over to City Hall and forces our staff out of their parking spots and will have to park on the street or further away from City Hall, just doesn't see this as a good idea, feels bad for our staff to be in the situation that they are in, but this money could be used for something else that could be used for the annex building, doesn't feel it is a good expenditure, but knows that the staff works hard and deserves the extra space. Council Member Jones stated that the employees' thoughts about parking is already a concern, he thinks the employees would rather have a remodeled City Hall and is something that we need. Mayor Llanez stated that he worked in the Police Department and would gladly have worked in a modular, we need to invest in our people, are we not doubling up our break room.
21 Motion by Jones, seconded by Lambert to approve City Council Resolution No. 6813 - Authorizing the City Manager to Sign a 24-Month Lease Agreement with Willscot for a Flex Modular Unit in the Amount of $351,154.07. The motion carried by the following roll call vote: AYES: Begonia, Jones, Lambert, Llanez; NOES: Lewis, ABSENT: None.
Mayor Llanez gave Council Members Begonia and Jones a moment to step out of the Council Chambers for the next items.
Item 7M - City Council Resolution No. 6811 - Calling and Giving Notice of the Holding of a Recall Election to be Held on Tuesday, November 5, 2024 for the Recall of Councilmember Douglas Begonia, Jr. as Required by the Provision of the Laws of the State of California Relating to General Law Cities.
Item 7N - City Council Resolution No. 6812 - Calling and Giving Notice of the Holding of a Recall Election to be Held on Tuesday, November 5, 2024 for the Recall of Councilmember Brett Jones as Required by the Provision of the Laws of the State of California Relating to General Law Cities. City Attorney presented the staff report and turned to Legal Counsel Chris Skinnell who spoke in more detail to the recall petition processing, explaining the process and what State laws requires, which is not discretionary but part of the process and the final step. Council Member Lewis inquired as to that this is just a formality, doesn't matter how this Council votes, it will still be on the November ballot for which Mr. Skinnell explained that the Council can vote to call the election and if they don't the Registrar of Voters will. Council Member Lambert stated that he does not support the recall on either and Mayor Llanez stated that he doesn't support the recalls and stated that his opinion is that we all know who is behind this recall.
Motion by Lewis, seconded by Lambert to adopt City Council Resolution No. 6811 - Calling and Giving Notice of the Holding of a Recall Election to be Held on Tuesday, November 5, 2024 for the Recall of Councilmember Douglas Begonia, Jr. as Required by the Provision of the Laws of the State of California Relating to General Law Cities. The motion carried by the following roll call vote: A YES: Lambert, Lewis, Llanez; NOES:
None, ABSTAIN: Begonia, Jones; ABSENT: None.
Motion by Lewis, seconded by Lambert to adopt City Council Resolution No. 6812 - Calling and Giving Notice of the Holding of a Recall Election to be Held on Tuesday, November 5, 2024 for the Recall of Councilmember Brett Jones as Required by the Provision of the Laws of the State of California Relating to General Law Cities. The motion carried by the following roll call vote: AYES: Lambert, Lewis, Llanez; NOES:
None, ABSTAIN: Begonia, Jones; ABSENT: None.
Council Members Begonia and Jones returned to the Council Chambers and their seats at the dais.
Council Member Lambert requested to pull item 78 - Fourth Quarter Investment Report for 2023/2024 for discussion.
Item 78 - Fourth Quarter Investment Report for 2023/2024. Council Member Lambert asked for a quick update for which Ms. Portillo stated that the City has a total combined 22 of $654 million, broken down between LAIF and Wells Fargo, an increase of $2 million from the March 2024 report that was brought to Council in April 2024.
Council Member Jones speaking to Item 7H - City Council Resolution No. 6806 - Authorizing Award of Construction Contract to Consolidated Engineering, Inc. in the Amount of $971,707.91 with a 10% Contingency in the Amount of $97,170 for Fiscal Year 2025 Street Rehabilitations Project inquired if staff recalls how much money we are spending on our roads, as the $2 million we made in this last quarter we have money to take care of this expense for which Ms. Portillo responded that the money is distributed and housed in the enterprise funds and not all just general fund dollars.
Motion by Jones, seconded by Begonia to approve the consent agenda as follows: Check Register for #245883 - #246237 in the Amount of $2,738,630.54; Fourth Quarter Investment Report for 2023/2024; City Council Meeting Minutes for: April 17, 2024, May 15, 2024, June 5, 2024, June 19, 2024; City Council Resolution No. 6802 - Rejecting the Bids for the Construction of the Community Center Perimeter Fence Project; City Council Resolution No. 6803 - Accepting the Officer Noah Jones Ballpark Sidewalk Improvements Project as Complete and Authorizing the Filing of a Notice of Completion with the Merced County Recorder; City Council Resolution No. 6804 - Authorizing the City Manager to Execute a Professional Services Agreement between the City of Los Banos and Carollo Engineers, Inc. to Update the Water Master Plan in the Amount of $246,500; City Council Resolution No. 6805 -Authorizing Award of Construction Contract to Rolfe Construction, Inc. in the Amount of $577,590 with a 10% Contingency in the Amount of $57,759 for the Monroe Avenue Waterline Project; City Council Resolution No. 6806 -Authorizing Award of Construction Contract to Consolidated Engineering, Inc. in the Amount of $971,707.91 with a 10% Contingency in the Amount of $97,170 for Fiscal Year 2025 Street Rehabilitations Project; City Council Resolution No. 6807 Authorizing the City Manager to Execute a Professional Services Agreement between the City of Los Banos and Sally Swanson Architects, Inc. for the Americans 'Nith Disabilities Act ~I\D/\) Self Evaluation and Transition Plan Not to Exceed $273,400 and Adopt a Revised Budget for the Fiscal Year 2024 2025 as it Pertains to the Facilities Fund in the Amount of $123,400; City Council Resolution No. 6808 - Approving the Acceptance of a $80,000 UC Davis Koret Shelter Medicine Grant in Connection with 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 $80,000; City Council Resolution No. 6809 - Approving the Usage of Donation Funding in the Amount of $7,540 and Amending the Fiscal Year 2024-2025 Budget by Increasing the Appropriation Amount for Expenditures and Revenues in the Amount of $7,540; City Council Resolution No. 6810 - Accepting Grant Deeds from Lodi Development, Inc. to the City of Los Banos for the Future Site of the Los Banos Fire Station #4 and for the Future Pioneer Connector [A Portion of APN 430-010-035-000]; City Council Resolution No. 6811 Calling and Gi>1ing Notice of the Holding of a Recall Election to be Held on Tuesday, No>1ember 5, 2024 for the Recall of Councilmember Douglas Begonia, Jr. as Required by the Provision of the Lm\<s of the State of California Relating to General La'N Cities; City Council Resolution No. 6812 Calling and Giving Notice of the Holding of a Recall Election to be Held on Tuesday, November 5, 2024 for the Recall of Councilmember Brett Jones as Required by the Provision of the Laws of the State of 23 California Relating to General Law Cities; City Council Resolution No. 6813 Authorizing the City Manager to Sign a 24 Month Lease Agreement with 'Nillscot for a Flex Modular Unit in the /\mount of $351,154.07. The motion carried by the affirmative action of all Council Members present. [City Council Resolution Nos. 6807, 6811, 6812 and 6813 were adopted by separate motion prior to adoption of the Consent Agenda.] ADVISEMENT OF PUBLIC NOTICES. (No Report).
CITY MANAGER REPORT. City Manager Pinheiro made note to a misleading comment of him being at a restaurant of him drinking a beer that is a lie, spoke to things going on at the Animal Shelter, the grant money and the work that the Police Chief and his staff are doing, the microchip event, thanks to UC Davis as they have been really helpful and supportive to our Animal Shelter, over the last couple of weeks we have had different streets striped throughout the City, trimming trees that have never been maintained, and we are beautifying and cleaning up our City.
Report Pursuant to Government Code Section 54953(c)(3) Executive Compensation:
Community & Economic Development Director. City Manager Pinheiro stated that on June 20, 2024 based upon an annual performance review by the City Manager, the Community & Economic Development Director's salary will be increased to $15,026 monthly ($180,312 annually) effective February 1, 2024.
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 regarding the SJVAPCD last Board Meeting in June where they approved the budget and highlighted the programs being offered, i.e.
Valley Can Tune Up Tune In Event for vehicles that can't pass smog. EPA program to exchange tractors for farmers and heavy diesel trucks. Council Member Jones stated that the LBDPBID had the 4th of July event and was amazed at the turnout, probably the single best event on turn out, exciting to see what the Garlic Festival will do, good job to the Downtown Director for putting it all on. Mayor Llanez stated that the next MCAG is tomorrow and he will be Chair and Supervisor Silveira Vice Chair.
CITY COUNCIL MEMBER REPORTS:
KENNETH LAMBERT: Thanked City staff, you did a great job answering all the questions that were asked, speaking to homeless and inquired as to if we have received the money form the State and once we do the public will be the first to know and we will go about using the funds, how City staff is working daily on helping the homeless and doing what they can.
DOUGLAS BEGONIA, JR.: Speaking to comments made during the public forum, yes he ate lunch on his lunch break with people he knows and then returned ack to the convention, he drank a beer and the event sold beer itself, sometimes being up here and the things we hear it's just flat out silly, but that's the whole game, say as silly things to 24 the public and you'll get a few, gathering signatures and telling people that I ate lunch on my lunch break that would have been the one true things they were telling, it's amazing what people will say and do to make sure they will get their way.
BRETT JONES: No comment
DEBORAH LEWIS: Stated that at the last meeting it was the third time she had requested information of the TOT audit, but Council Member Jones was able to get Ms.
Portillo to answer his question, the only information she gets is what's on the agenda and what she hears when others ask questions, she feels that all Council Members should receive the same information and be treated fairly and given the same information equally, its just the right thing to do; we have had one contract approved with our Police Sergeant's Association and have had no updates on what is going on with the other groups for which City Manager Pinheiro stated that he will not discuss closed session conversations in public; Council Member Lewis stated she would like to have an update on what is going on for which Mr. Pinheiro stated that conversations in closed session cannot be talked about in public, direction was given, this is a very sensitive manner and will not discuss publicly. Council Member Lewis noted that we authorized funding to build a new animal shelter and would like to hope that staff is moving forward on that.
PAUL LLANEZ: Speaking as an elected official, a recent attempted assassination on a public official, hearing people have open discussion who have differences of opinion, if you can put your phones down and go talk to your neighbor, how Mr. Hostetler came and spoke about a conference lunch and he was not there, spoke to his phone call with Mr.
Hostetler; he thanked those who have reached out to thank him and encourage him for holding people accountable and to Council Member Lewis that if she sends an email to City staff and does not get a response to please let him know and he would encourage her to do that. He then made note of how a confidential piece of paper was handed out during closed session and Council Member Lewis refused to give it back as requested and instructed.
ADJOURNMENT. Motion by Jones, seconded by Begonia, the meeting was adjourned at 7:30 p.m.
APPROVED:
Paul Llanez, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
25 THIS PAGE IS INTENTIONALLY LEFT BLANK
26 TO:
FROM:
DATE:
LOsBanos
t th d 1 ali n·a
Agenda Staff Report
Mayor and City Council Members
Michael Neal, Police Detective m.AI
August 7th , 2024
SUBJECT: Police Department awarded $50,000.00 California Office of Traffic Safety STEP Grant
TYPE OF REPORT: Consent Agenda
Recommendation:
Approve the acceptance of the California Office of Traffic Safety Selective Traffic Enforcement Program (STEP) grant, grant number PT25050, in the amount of $50,000.00 for FY 2024-2025 and approve an increase in City expenditures and revenues in the amount of $50,000.00 for the FY 2024-2025.
Discussion:
The Police Department has applied for and been awarded a 12-month California Office of Traffic Safety (OTS) assistance grant in the amount of $50,000.00. This funding will be devoted to specific goals and objectives related to traffic enforcement and the training of staff. Some of the goals and objectives related to this grant are:
-To reduce the number of persons injured and killed in alcohol and non-alcohol related traffic collisions.
-To reduce the number of hit and run injury and non-injury related collisions. -To reduce the number of hit and run non-injury, injury and fatal collisions. -To reduce the number of bicycle and pedestrian related collisions. -To conduct a variety of traffic enforcement operations to increase public safety.
To accomplish the above goals and objectives, the Department will use this grant to 27 focus on the following: Advanced officer training related to DUI enforcement, the use of press releases and media advisories to increase public awareness, DUI checkpoints, DUI saturation patrols, DUI offender warrant service operations, red light enforcement, and speed enforcement.
The budget for this grant, including account numbers are as follows:
Revenues:
State Grant:
Expenditures:
Overtime:
Benefits
Travel/Training:
DUI Checkpoint Supplies
Fiscal Impact:
246-000-334-010
246-421-1 70-1 03
246-421-170-120
246-421-170-257
246-421-170-267
$50,000.00
$43,250.00
$3,310.00
$2,720.00
$720.00
Revenues and Expenditures for the 2024-2025 fiscal year will increase in the amount of $50,000.00. A portion of this grant will extend into the FY 2025-2026 as the grant cycle will end on September 30, 2025.
Reviewed by:
Vanessa Portillo, Finance Director
Attachments:
Resolution
Office of Traffic Safety Grant Agreement
28 RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS APPROVING THE
ACCEPTANCE OF A $50,000.00 GRANT
(PT25050) FROM THE CALIFORNIA OFFICE OF
TRAFFIC SAFETY (OTS) AND AMENDING THE
2024-2025 FISCAL YEAR BUDGET BY
INCREASING THE APPROPRIATION AMOUNT
OF THE STATE GRANT FUND ACCOUNT FOR
EXPENDITURES AND REVENUES IN THE
AMOUNT OF $50,000.00
WHEREAS, careless and intoxicated drivers are among the most serious hazards on our public roadways; and
WHEREAS, through public awareness, department training, enforcement action and high visibility law enforcement efforts, the Los Banos Police Department can reduce the number of traffic related incidents which cause death or serious injuries; and WHEREAS, the Los Banos Police Department has applied for and been awarded an $50,000.00 grant through the California Office of Traffic Safety (OTS) to enforce traffic related crimes and provide advanced law enforcement training.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby approve the acceptance of the Office of Traffic Safety grant (PT25050) in the amount of $50,000.00, beginning October 1, 2024 and ending September 30, 2025, to assist in the enforcement of alcohol related crimes and increase the appropriation limit for revenues in the amount of $50,000.00; and expenditures in the amount of $50,000.00 within the State Grant Fund. The budget for this grant, including account numbers is as follows:
Revenues:
State Grant:
Expenditures:
Overtime:
Benefits
Travel/Training:
DUI Checkpoint Supplies
246-000-334-010
246-421-170-103
246-421-170-120
246-421-170-257
246-421-170-267
$50,000.00
$43,250.00
$3,310.00
$2,700.00
$720.00
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 August, 2024 by Council Member --who moved its adoption, which motion was duly seconded by Council Member ---and the Resolution adopted by the following vote:
29 AYES:
NOES:
ABSENT:
APPROVED:
Paul Llanez, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
30 LC>sBanos
t ( ,,,, "'""
Agenda Staff Report
TO: Mayor & City Councii Members
FROM:
DATE:
Eddie Drum, Police Commander
August7,2024
TYPE OF REPORT: Consent Agenda
SUBJECT: Replacement of Code Enforcement Vehicle
Recommendation:
That the City Council approve the increase in expenditures in the amount of $44,447.47, for the replacement of a code enforcement vehicle, to be reimbursed by Sedgwick Risk Management Authority (RMA)
Discussion:
On December 20th, 2023, Los Banos Police Code Enforcement Unit 28, a 2017 Chevrolet Silverado 1500, was involved in a non-injury vehicular accident on E.
Pacheco Boulevard. Subsequent to the incident, an insurance adjuster from Sedgwick assessed the vehicle and determined it to be a total loss. Sedgwick assigned adjuster Harmik Ebrahimi to manage the associated claim.
As a result of this assessment, and to date, Sedgwick has reimbursed the City of Los Banos a total of $39,447.47, minus a $5,000.00 deductible, which will come out of the department approved FY 24/25 vehicle fund. This amount covers the replacement of the vehicle, vehicle graphics, damaged emergency equipment, and related up-fit costs. 31 Official quotations have been submitted to the insurance carriers as follows:
Vehicle Replacement:
Vehicle Equipment Up-Fit:
Vehicle Graphics:
Total:
$36,404.49
$7,705.86
$337.12
$44,447.47
The corresponding account numbers are as follows:
Expenditures:
Vehicles: 100-429-100-750 $44,447.47
Revenues:
Miscellaneous revenue: 100-000-390-040 $39,447.47
Fiscal Impact:
Expenditures for the FY 2024-2025 will increase in the amount of $44,447.47.
Additional expenditures include the vehicles mobile computer system, which was not damaged and therefore does not qualify for reimbursement. The computer unit is approximately six years old and at the end of its service life. The replacement cost for this unit will come from the Departments approved FY 24/25 mobile computer fund .
Reviewed by:
Vanessa Portillo, Finance Director
Attachments:
Resolution
32 RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS AMENDING THE 2024-
2025 FISCAL YEAR BUDGET AND APPROVING
THE INCREASE OF EXPENDITURES IN THE
AMOUNT OF $44,447.47 AND REVENUES IN THE
AMOUNT OF $39,447.47, RELATED TO THE
REPLACEMENT OF A TOTALED CODE
ENFORCEMENT VEHICLE, TO BE REIMBURSED
BY SEDGWICK INSURANCE FIRM
WHEREAS, a code enforcement vehicle was involved in a collision on December 20th , 2023, the vehicle was determined to be a total loss.
WHEREAS, the Police Department has requested and received authorization from Sedgwick Insurance Firm and the RMA to replace a totaled code enforcement vehicle, which will be reimbursed in the amount of $44,447.47, minus a $5000 deductable; and
WHEREAS, a proposal has been presented to the City Council of the City of Los Banos to increase the expenditure limit in the Police Budget for the FY 2024-2025; 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 FY 2024-2025 by action to amend this budget.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby approve an increase to the appropriation limit for expenditures in the amount of $44,447.47 within the Departments vehicle fund and revenues in the amount of $39,447.47 in the miscellaneous revenue account. The budget account numbers are as follows:
Expenditures:
Vehicles: 100-429-100-750 $44,447.47
Revenues:
Miscellaneous revenue: 100-000-390-040 $39,447.47
33 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 August 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
34 LOsBanos
At the Crossroads of California
Agenda Staff Report
TO: Mayor & City Council Members
FROM: Charles Bergson, P.E., Public Works Director/City Eng· DATE: August 7, 2024
TYPE OF REPORT: Consent Agenda
SUBJECT: Regional Surface Transportation Program (RSTP) Exchange Funds Claim Form Submittal - Fiscal Year 2023/2024
Recommendation:
That the City Council adopt the Resolution authorizing the City Manager to submit claim form on behalf of the City of Los Banos for Fiscal Year 2023/2024 Regional Surface Transportation Program (RSTP) Exchange funds in the amount of $652,215.00 to Merced County Association of Governments (MCAG).
Discussion:
Attached for City Council review is the claim form and Resolution with which the City of Los Banos may claim Fiscal Year 2023/2024 Regional Surface Transportation Program (RSTP) Exchange funds. The amount available to claim by the City of Los Banos is $652,215.00.
Fiscal Impact:
The disbursement of the RSTP funds that are available to the City of Los Banos will be used in conjunction with existing road tax revenues for street and road improvements in the Fiscal Year 2024/2025 budget, Street Repair account number 100-431-210-211 .
There is no foreseen additional impact to the City.
Josh er Vanessa Portillo, Finance Director
Attachments:
Resolution
FY 2023/2024 RSTP Exchange Fund Claim Form
FY 2023/2024 RSTP Exchange Fund Apportionment Schedule
35 THIS PAGE IS INTENTIONALLY LEFT BLANK
36 RESOLUTION NO. __
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS AUTHORIZING THE CITY
MANAGER TO FILE A REGIONAL SURFACE
TRANSPORTATION PROGRAM (RSTP)
EXCHANGE PROGRAM FUND CLAIM FORM
FOR FISCAL YEAR 2023-2024
WHEREAS, the Merced County Association of Governments (MCAG) and the California Department of Transportation (Caltrans) have entered into a Standard Agreement contract to exchange unobligated balances of federal Regional Surface Transportation Program (RSTP) funds with non-federal State Highway Account funds; and
WHEREAS, Caltrans Division of Programming releases a 5-year ESTIMATE of RSTP Exchange Program apportionments for inclusion in the Federal Transportation Improvement Program (FTIP) Programming document every 2-years to California Metropolitan Planning Organizations (MPOs); and
WHEREAS, MCAG is the designated MPO for Merced County; and WHEREAS, the Annual RSTP Exchange Program fund apportionment is an estimate and subject to change during the fiscal year (FY) due to many Federal Surface Transportation Bill variables including the annual appropriations act as well as other Congressional action (i.e. rescissions); and
WHEREAS, a FINAL RSTP Exchange apportionment amount is published at the end of the FY23-24 and can be different than the ESTIMATE RSTP Exchange apportionment figure; and
WHEREAS, Annually, Caltrans sends MCAG a Standard Agreement contract that includes an RSTP Exchange Program apportionment figure; and WHEREAS, MCAG applies a RSTP population based distribution formula using current Department of Finance (DOF) population estimates (May 2024) to the RSTP apportionment to determine the amount of RSTP Exchange funds to be distributed to MCAG member jurisdictions; and
WHEREAS, the City of Los Banos has an ESTIMATE RSTP Exchange Program fund apportionment amount available to claim in FY23-24 of $652,215.00; and WHEREAS, payment of the ESTIMATE RSTP Exchange fund claim will be subject to all conditions specified in the fully executed standard contract agreement between MCAG and Caltrans, as well as the MCAG RSTP Exchange Claim form requirements: Projects to be funded with this claim are only those projects that are 37 defined under Sections 133(b) and 133(c) of Title 23, United States Code and Article XIX of the California State Constitution, implemented in accordance with the requirements of Section 182.6(d)(1) of the Streets and Highways Code; and WHEREAS, if the FINAL RSTP Exchange apportionment figure is higher for FY23-24 than the ESTIMATE RSTP Exchange apportionment figure, Caltrans would have to revise the RSTP Exchange Standard Agreement contract with the higher RSTP figure before MCAG could instruct the Merced County Auditor Controller's Officer to distribute a greater amount of RSTP Exchange Program funds to member agencies, than identified in this Resolution; and
WHEREAS, if the FINAL RSTP Exchange apportionment figure is lower for FY23-24 than the ESTIMATE RSTP Exchange apportionment amount, Caltrans does not have to revise the RSTP Exchange contract with the lower amount before MCAG could recalculate the available RSTP Exchange Program funds using the same population-based formula and then instruct the Merced County Auditor Controller's Officer to distribute the lower FY23-24 FINAL RSTP Exchange Program fund amount to member agencies; and
WHEREAS, the City of Los Banos has established special gas tax street improvement fund as a requirement to receive the RSTP Exchange Program funds; and WHEREAS, it is deemed in the best interest of the City of Los Banos that the City Manager is authorized to sign the FY23-24 RSTP Exchange Program fund claim form and to submit said claim form to MCAG for processing.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby authorize the City Manager to sign and file the above described FY23-24 RSTP Exchange Program fund claim on behalf of the City of Los Banos in the amount of $652,215.00.
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 August 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
38 MERCED COUNTY
ASSOCIATION OF
GOVERNMENTS
Claim to the Merced County Association of Governments
PH: 209.723.3153
FAX: 209.723.0322
www.mcagov.org
369 W, 18th Street
Merced, Ca. 93540
for Regional Surface Transportation Program (RSTP) Funds in Exchange for State Highway Account Funds FY 2023/2024
Claimant:
FY 23/24 Claim Amount:
Claim Guidelines:
City of Los Banos
$652,215.00
Projects outlined in the table below to be funded with this claim are only those projects that are defined under Sections 133(b) and 133(c) of Title 23, United States Code and Article XIX of the California State Constitution, implemented in accordance with the requirements of Section 182.6( d)(l) of the Streets and Highways Code.
Claim Instructions:
1. List (print or type) each INDIVIDUAL project to be funded with this claim.
2. List the amount of funds to be used for each project.
3. If the project is not a capacity expanding project and is exempt from the air quality conformance analysis check the "Exempt" box. (IBI)
4. If the project is a capacity expanding project and the "build" alternative of the air quality conformance analysis has been completed for the project as required check the "Air Quality" box. (IBI)
Project Cost of Air Exempt
Project Quality
1. Rehabilitation of various major collectors and minor arterial $660,000.00 □ X roads.
2. $ □ □
3. $ □ □
4. $ □ □
Partnering for Regional Solutions
39 It is understood by this claimant (City of Los Banos) that payment of this claim is subject to approval by the MCAG Governing Board and must be in accordance with the MCAG and Caltrans Agreement. Said monies (and the interest earned on such monies subsequent to allocation) will be used only for those purposes for which the claim is approved.
The undersigned claimant, by accepting these funds agrees to establish a special account for the purpose of depositing funds received from MCAG pursuant to this agreement:
a. For cities, within their Special Gas Tax Street Improvement Fund; or b. For the county, within their County Road Fund
The undersigned claimant, by accepting these funds, agrees to grant the State of California auditors access to their books and records for the purpose of verifying that funds paid hereunder are properly accounted for and proceeds are expended in accordance with the terms of this agreement. All documents will be available for inspection by authorized Caltrans agents at any time during the project development and for a four-year period from the date of completion of the project, or one year after the audit is completed or waived by Caltrans, whichever is later.
If the undersigned claimant fails to use funds received hereunder in accordance with the terms of the agreement, the claimant agrees to return the exchange funds to MCAG for credit to the special account described above.
Further, the Chief Financial Officer of the claimant certifies that the financial information contained herein, is reasonable and accurate to the best of his/her knowledge.
Authorized Representative:
Signature
Josh Pinheiro
Print Name
City Manager
Title
Date
Signature of Finance Director
Vanessa Portillo
Print Name
40 RESOLUTION 2024/05 .. 23-01
RESOLUTION OF THE MERCED COUNTY ASSOCJATION OF GOVERNMSNTS
APPROVING THE DISTRIBUTION OF REGIONAL SURFACE TRANSPORTATION PROGRAM (RSTP) STATE EXCHANGE FUNDS FOR FISCAL YEAR 2023/24 WHEREAS, the Merced County Association of Governments (MCAG) is the designated Metropolitan Planning Organization (MPO) for Merced County; and WHEREAS, the RSTP estimated amount available to the County of Merced and MCAG for the 2023/2024 flscal year is $4,365,550; and
WHEREAS, RSTP funds In the amount of $526,686 are apportioned directly from the State of California to the County of Merced for the 2023/2024 fiscal year. leaving $3,838,864 available for exchange to all local jurisdiction~; and WHEREAS, The Merced County Association of Govemments (MCAG) and the California State Department of Transportation (Caltrans) have entered into an agreement to exchange unobiigated balances of federal Surface Transportation Block Grant (STBG) Program funds, prevlously known as RSTP funds, with non-federal State Highway Account funds; and
WHEREAS, each claimant's proposed expenditures shall be in conformity with the current Regional Transportation Plan (RTP) and STBG Program eligibility requirements; and
WHEREAS, each claimant shall submit an adopted resolution and approved RSTP Exchange claim form before they will receive any distribution af RSTP exchange funds.
NOW, THEREFORE BE IT RESOLVED that the MCAG Governing Board approves the distribution of 2023/2024 RSTP apportionments for exchange as follows:
1 . The City of Atwater
2. The City of Dos Palos
3. The City of Gustine
4. The City of Livingston
5. The City of Los Banos
6. The City of Merced
7. The County of Merced
TOTAL
$ 444,743
$ 79,981
$ 84,753
$ 202,349
$ 652,215
$ 1,268,872
$ 1,105.951
$ 3,838,864
120of218
41 BE IT FURTHER RESOLVED that the RSTP State Exchange apportionment amounts shown above shall be made in singular payments to the member agencies once the funds are distributed to MCAG by the State Controller's Office.
The foregoing Resolution was adopted upon the motion of Member Director Smith seconded by Member Director Samra , at a regular meeting on the 23rd day of May 2024, by the following vote:
A YES: Directors Espinosa, Smith, McDaniel, Samra, Nagy, Nelson, Pareira, Silveira, Pedrozo NOES: None
ABSTAIN: None
ABSENT: Directors Hogue, Llanez
ATTEST:
Stacie Guzman, Exec Ive Director
APPROVED:
( _l!_ M ~ -- IJirector Joshua Pedrozo, Chair
Merced County Association of Governments Merced County Association of Governments 121 of 218
42 LOsBanos
t tit Crossroads oj Califi1rnia
Agenda Staff Report
TO: Mayor and City Council Members
FROM: Charles Bergson, P.E., Public Works Directortc·
DATE: August 7, 2024
TYPE OF REPORT: Consent Agenda
SUBJECT: Second Amendment to the Professional Services Agreement with Carollo Engineers, Inc. for the Storm Drain System Master Plan Update Recommendation:
That the City Council adopt the Resolution to:
1. Authorize the City Manager to execute the Second Amendment to the Professional Services Agreement with Carollo Engineers, Inc. (Carollo) for the Storm Drain System Master Plan Update.
Background:
The current Storm Drain System Master Plan was completed in September 2008 and amended in March 2010 by Carollo. The Storm Drain Master Plan is a comprehensive document that outlines the City stormwater management system and provide guidance for the design, construction, operation, and maintenance of stormwater infrastructure, including storm drains, catch basins, retention ponds, and other related facilities.
On May 17, 2023, City Council adopt resolution 6634 entering into a Professional Services Agreement with Carollo Engineers, Inc. to provide an updated Storm Drain System Master Plan.
As part of the City Agreement with the local irrigation districts, CCID and Grassland Water District, the City is required to meter its storm discharge. Installation of these meters are nearly twenty years overdue. This action is to amend the Storm Drain System Master Plan contract to include preparation of construction documents for flow meter installation.
Discussion:
Carollo is currently working with the City to update its Storm Drain System Master Plan (Master Plan Update). The Master Plan Update will provide the City with recommended 43 improvements to mitigate existing localized flooding, as well as providing recommended infrastructure to serve future areas.
The storm drain system sends the water collected to twenty (20) storm drain pumping facilities located throughout the city. The storm water is then discharged into either the CCID canal or the Grassland Water District canal.
Carollo provided the City with a proposal for design services to install flow meters at five (5) of its storm drain pumping facilities. The scope of work will also include the preparation of bidding documents and constructions service once the project to awarded.
Both districts have been advised of the City's plans for metering and encourage the City's action.
Fiscal Impact:
This project has sufficient funds budgeted in account 502-432-100-714 for the Flowmeter project and has been appropriated in the fiscal year budget 2024/2025. The estimated cost is $57,883.00.
Vanessa Portillo, Finance Director
Attachments:
Resolution
Second Amendment
44 RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS AUTHORIZING THE CITY
MANAGER TO EXECUTE THE SECOND
AMENDMENT TO THE PROFESSIONAL
SERVICES AGREEMENT WITH CAROLLO
ENGINEERS, INC. FOR THE STORM DRAIN
SYSTEM MASTER PLAN UPDATE.
WHEREAS, City and Consultant entered into a professional services agreement dated May 20, 2023 ("Agreement") regarding preparation of a Storm Drain System Master Plan Update; and
WHEREAS, City and Consultant desire to amend the Agreement to include the design and construction services for the installation of flow meters at five (5) of its storm drain pumping facilities.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby:
1. Authorize the City Manager to execute the Second Amendment to the Professional Services Agreement with Carollo Engineers, Inc. (Carollo) for the Storm Drain System Master Plan Update.
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 August 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
45 THIS PAGE IS INTENTIONALLY LEFT BLANK
46 SECOND AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
[Carollo Engineers, Inc.]
THIS SECOND AMENDMENT TO AGREEMENT ("Second Amendment") is made and entered into this _ day of ___ 2024, by and between the City of Los Banos, a California municipal corporation (herein referred to as "City") and Carollo Engineers, Inc., a Deleware corporation (herein referred to as "Consultant").
RECITALS
A. WHEREAS, City and Consultant entered into a professional services agreement dated May 20, 2023 ("Agreement') and subsequent First Amendment regarding preparation of a Storm Drain System Master Plan Update; and
B. WHEREAS, City and Consultant desire to amend the Agreement to include engineering design services to install flow meters at five (5) of its storm drain pumping facilities.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:
1. Scope of Services. The scope of services shall be amended to include additional work as set forth in Consultant's Storm Drain Metering Project Proposal dated June 17, 2024 attached hereto as Exhibit A and incorporated herein by this reference.
2. Compensation. Consultant's additional compensation for all work performed in accordance with this Second Amendment for additional work, including all reimbursable items and sub Consultant fees, shall not exceed $57.883.00 as set forth in Consultant's Storm Drain Metering Project Proposal dated June 17, 2024 unless authorized in writing by the City.
3. Entire Agreement. All of the terms and conditions of the Agreement and the First Amendment not modified by this Second Amendment shall remain in full force and effect.
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
1 47
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment on the dates set forth below.
Date: _ _____ , 2024
Date: _ _____ ., 2024
ATTEST:
CITY CLERK
Lucille L. Mallonee, City Clerk
APPROVED AS TO FORM:
William A. Vaughn
City Attorney
2 CAROLLO ENGINEER'S INC .. a
Deleware corporation
by:
Title:
CITY OF LOS BANOS, a California
municipal corporation
by:
Title:
48 Exhibit A
[Consultant's Storm Drain Metering Project Proposal dated June 17, 2024] 3 49
THIS PAGE IS INTENTIONALLY LEFT BLANK
50 carol/a·
June 17, 2024
STORM DRAIN METERING PROJECT
City of Los Ba nos
The City of Los Banos (City) owns and operates several storm drain pumping facilities throughout the City.
The City would like to implement flow metering at each of its storm drain pumping facilities to better understand storm water flows in the City. Carollo will provide engineering design services to install flow meters at five (5) of its storm drain pumping facilities.
Scope of Work
Task 1-Project Management/Meetings
Task 1.1- Project Management
Carollo's project manager will make staffing assignments, review work progress, coordinate quality management and review procedures, manage the electrical, instrumentation and controls (El&C) subconsultant (Dinter) and provide regular monthly progress reports to the City as to work completed within the previous month and budget status with invoicing.
Task 1.2- Site Visit/Kickoff Meeting
Carollo together with subconsultant, Dinter, will conduct a site visit to inspect the storm drain pumping facilities and note any challenges that should be addressed in the design submittal. A project kickoff meeting will be coordinated to occur during the same day as the site visit. After the site visit and meeting, the list of the five (5) pumping facilities where metering will be implemented as part of this effort will be finalized.
Task 1 Deliverables:
• Monthly invoicing/progress reports.
• Kickoff meeting minutes.
Task 2 - Design
Task 2.1- 90% Design Documents
Carollo will prepare a 90% Design Submittal based on information gathered from the site visit and kickoff meeting. The Draft Design Submittal will consist of the following drawings for implementing metering at five (5) selected pumping stations:
• General and Typical Detail Drawings.
• Storm Drain Pumping Station Site Civil Drawings.
• Storm Drain Pumping Station Electrical, Instrumentation and Control Drawings • Front end specifications.
PAGE 1 of3
51 • Technical specifications.
• Probable opinion of construction cost.
Task 2.2- 90% Design Review Workshop
Carollo will coordinate a review workshop with City staff to review the 90% Design Submittal, answer any questions, and collect feedback for the bid set. The Project Manager, Project Engineer, and El&C subconsultant will attend the meeting virtually.
Task 2.3- Prepare Bidding Documents
Carollo will incorporate City comments from the 90% Design Submittal into Bid Documents, for project advertisement by the City. At this time, Carollo will update the construction cost estimate.
Task 2 Deliverables:
• 90% Design Submittal.
• Draft and Final Construction Cost Estimate.
• Bid Submittal.
Task 3 - Bid Period and Engineering Services During Construction Task 3.1 Bid Period Services
During the bid period, Carollo shall receive telephone and email questions from prospective bidders and provide responses as appropriate. A log of all correspondence shall be turned over to the City at the end of the bid period.
Carollo shall prepare all necessary Addenda to the contract documents for distribution to all planholders.
City shall distribute the Addenda.
The scope assumes up to two (2) Addenda will be issued. Bids shall be reviewed along with the City immediately following bid opening.
In conjunction with the City, Carollo shall recommend award of contract. Carollo's proposed level of effort is based upon a bid period not exceeding four (4) weeks.
Task 3.2 Submittal and Request for Information Review
During construction, Carollo shall review and log contractor submittals and requests for information (RFl's) related to technical elements of the project. It is assumed that up to five (5) submittals and resubmittals will be reviewed at 2 hours per submittal. It is assumed that up to three (3) RFl's will be reviewed and responded to at 4 hours per RFI response. Subconsultant, Dinter, will review all El&C related submittals and RFl's.
Task 3 Deliverables:
• Bid period correspondence log.
• Addenda.
• Responses to RFl's.
• Submittal review comments.
Assumptions:
• City will advertise for bidding and handle distribution of plan sets to prospective bidders. • City will distribute addenda to prospective bidders.
PAGE 2 of3
52 • The scope includes implementation of up to five (5) metering stations at the storm drain pumping facilities. Locations will be determined/prioritized in coordination with the City. • Front end specifications are assumed to utilize the City's boiler plate contract documents. • Metering facilities will be either exposed, above grade using strap-on type flowmeters or direct buried magnetic flow meters per the City's request. No meter vaults will be included in the project per the City's request. The City understands that direct buried flowmeters are not ideal as they make future maintenance of the meters difficult requiring excavation to access the meters. • AutoCAD base files of the facilities will be provided by the City for Carollo's use. • City will provide its standards for electrical, controls, and instrumentation. • No changes or value-engineering shall be conducted after the bid set. Only changes during bidding will be to address contractor questions and clarifications of the bid documents. • Supervisory Control and Data Acquisition (SCADA) programming and integration is excluded. • Human Machine Interface (HMI) development is excluded. • Process and Instrumentation Diagrams are excluded as no programming or integration services are included.
• One (1) site visit is included in the budget.
• Control integration is excluded from this scope but can be provided under a separate scope if requested by the City. It is currently assumed that all meters will only have local displays. • Construction Management and testing/witnessing services are excluded from this scope but can be proved under a separate scope if requested by the City. • Deliverables will be provided in electronic (PDF) format only. Native CAD and Word files can also be provided at the City's request.
PAGE 3 of3
53 THIS PAGE IS INTENTIONALLY LEFT BLANK
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EXHIBIT S
ESTIMATED LEVEL OF EFFORT ANO FEE
Sllll'm Drain Metering
City of Los Banos
CAROLLO LABOR
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56 TO:
FROM:
DATE:
LOsBanos
\t tlic 10 o,ul of( alifc,rnia
Agenda Staff Report
Mayor & City Council Members
Lucy Mallonee, MMC ~
City Clerk/Human Resources Director
August 7, 2024
TYPE OF REPORT: Consent Agenda
SUBJECT: Approval of a Tentative Agreement (TA) I Memorandum of Understanding (MOU) between the City of Los Banos and the Los Banos Police Dispatchers Community Services Officers Association (LBPDCSOA) Recommendation:
Adopt the Resolution approving the TA / MOU between the City of Los Banos and the LBPDCSOA.
Discussion:
The City has bargained in good faith with the LBPDCSOA and reached agreement on a new three (3) year MOU for July 1, 2024 - June 30, 2027. The changes to the MOU include, effective July 1, 2024:
• Salary increase of two point seven-five percent (2.75%) for the Public Safety Dispatchers on August 1, 2024, July 1, 2025 and July 1, 2026. • Salary increase of three percent (3%) for the CSOs on August 1, 2024, July 1, 2025 and July 1, 2026.
57 • Certificate Pay will be increased to $75 per month for Corrections Academy Certificate, Dispatcher Training Certificate and Intermediate Dispatchers Certificate.
• Amendment to the Cafeteria Plan Allowance (Health, Vision, Dental, Life Insurances) as it pertains to increasing the dollar caps amount over the term of the agreement.
• Allow for a 12-Hour Shift Schedule Pilot Program and Uniform Allowance for CSOs in the amount of $800 per fiscal year.
Fiscal Impact:
For Fiscal Year 2024/25, the proposed adjustment will increase salaries and benefits expenditures by approximately $41,000. The increase will be distributed between the General Fund $30 thousand and the remainder $11 thousand from Measure H, Measure P, and CFO funds ($6 thousand, $3 thousand, and $2 thousand respectively).
In FY 2024/25, funds were budgeted in the General Fund contingency fund to mitigate the impacts of expenditure increases from labor agreements. Staff will ensure future increases are factored into the budget projections for the duration of the agreement.
Reviewed by:
Vanessa Portillo, Finance Director
Attachments:
Resolution
58 RESOLUTION NO. __
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS APPROVING A
TENTATIVE AGREEMENT/ MEMORANDUM OF
UNDERSTANDING BY AND BETWEEN THE CITY
OF LOS BANOS AND THE LOS BANOS POLICE
DISPATCHERS COMMUNITY SERVICES
OFFICERS ASSOCIATION
WHEREAS, the City Council of the City of Los Banos has received a request to approve a Tentative Agreement I Memorandum of Understanding by and between the City of Los Banos and the Los Banos Police Dispatchers Community Services Officers Association (LBPDCSOA); and
WHEREAS, the Memorandum of Understanding will be in effect from July 1, 2024 to June 30, 2027; and
WHEREAS, said request has been reviewed and approved by the City Council of the City of Los Banos at their regular meeting of August 7, 2024.
NOW, THEREFORE, BE IT RESOLVED that the Memorandum of Understanding by and between the City of Los Banos and the LBPDCSOA is hereby approved as submitted as "Exhibit A" respectively.
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 June 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
59 THIS PAGE IS INTENTIONALLY LEFT BLANK
60 EXHIBIT A
TENTATIVE AGREEMENT BETWEEN
CITY OF LOS BANOS
AND LOS BANOS POLICE DISPATCHER AND COMMUNITY SERVICES OFFICERS
ASSOCIATION REPRESENTED BY AFSCME LOCAL ONE
2024-2027
The following document contains the Tentative Agreement between the City of Los Banos (hereinafter called "City") and the Los Banos Police Dispatchers and Community Services Officers Association represented by AFSCME Local One (hereinafter called "Union") (hereinafter collectively called "the parties") on wages, hours and terms and conditions of employment. The salaries, hours, fringe benefits and working conditions set forth have been mutually agreed upon by the designated bargaining representatives of the City and the Union, and will apply to all Union covered by the Memorandum of Understanding (MOU) between the City and the Association.
Upon ratification and adoption, this Agreement will amend the MOU between the parties dated July 1, 2021 through June 30, 2024.
The amended MOU shall supersede all other Memoranda of Understanding and agreements between the parties. Language in the MOU between the parties not amended by this Tentative Agreement will remain unchanged. The parties agree that any and all Tentative Agreements are hereby incorporated. Any outstanding proposals not agreed to are hereby withdrawn by the parties.
This Tentative Agreement is subject to ratification by Association membership and approval by the City Council of the City of Los Banos.
FOR THE CITY FOR THE UNION
cg~'/.~
l,\A.l.A' ti e.. L . J).sa 11 #'\-'\ e..~
Date: Date: 8/2/24 ------------
61 THIS PAGE IS INTENTIONALLY LEFT BLANK
62 MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF LOS BANOS
AND
THE LOS BANOS POLICE DISPATCHERS COMMUNITY
SERVICES OFFICERS' ASSOCIATION (LBPDCSOA)
REPRESENTED BY AFSCME/PEU LOCAL ONE
July 1, 20212024 - June 30, 20242027
63 THIS PAGE IS INTENTIONALLY LEFT BLANK
64 Table of Contents
SECTION I - Preamble ...................................................................................................... 1 SECTION II - No Abrogation of Rights .............................................................................. 1 SECTION 111 - Past Practices ............................................................................................ 2 SECTION IV - No Discrimination ..................................................................................... . 2 SECTION V- Recognition ................................................................................................. 2 SECTION VI - Public Employee Communication ............................................................. 3 SECTION VI I - Management Rights ............................................................................... §4 SECTION VIII - Benefits .................................................................................................. §_~ SECTION IX - Leave Provisions ............................................................. .................... 124-G SECTION X - Pay Rates and Practices ...................................................................... 1344 SECTION XI - Miscellaneous ...................................................................................... 194-e SECTION XII - Provision of the Law ........................................................................... 214-3 SECTION XIII - No Strike ............................................................................................ 214-3 SECTION XIV - Right To Representative In Investigatory Meeting ........................... 2249 SECTION XV - Term ................................................................................................... 2249 65 66
MEMORANDUM OF UNDERSTANDING
City of Los Banos
and
The Los Banos Police Dispatchers/Community Services Officers Association Represented by AFSCME/PEU Local One
July 1, ~2024 to June 30, ~2027
SECTION I - Preamble
This Memorandum of Understanding (hereinafter referred to as "MOU" is entered into by the City of Los Banos (hereafter referred to as "City") and the American Federation of State, County and Municipal Employees (AFSCME) Local One (hereafter referred to as "Union") representing the Los Banos Police Dispatchers/Community Services Officers Association bargaining unit (hereinafter collectively referred to as the "parties") describing the parties' agreement on wages, hours and terms and conditions of employment.
The salaries, hours, fringe benefits and working conditions set forth in this MOU have been mutually agreed upon by the designated bargaining representatives of the City and the Union, and will apply to all employees in the bargaining unit represented by the Union.
The term will be July 1, ~2024 - June 30, ~2027.
Employees defined for the purpose of this MOU are full-time Police Dispatchers and fulltime Community Services Officers (CSO's).
This MOU is subject to Section 3500-3511 of the Government Code of the State of California otherwise known as the Meyers Milias Brown ("MMB") Act, the City of Los Banos Municipal Code, and Resolution No. 1719.
SECTION II - No Abrogation of Rights
The parties acknowledge that the City responsibilities and rights and management responsibilities and rights as indicated in the City of Los Banos Personnel Rules and Regulations and all applicable State or Municipal laws and rights of the City Council are neither abrogated nor made subject to the meet and confer process by the adoption of this MOU.
1 67
SECTION Ill - Past Practices
The parties agree that this MOU supersedes any past practice covered by this Memorandum but does not affect any other written understanding agreed to by the parties not addressed in this MOU.
SECTION IV - No Discrimination
The City and the Union will cooperate in pursuing a policy of no discrimination and affirmative action.
The City and Union further agree that no person employed by or applying for employment will be discriminated against because of race, religion, creed political affiliation, color, national origin, ancestry, age, or sex. The parties further agree to protect the rights of individuals by complying with the provisions of the MMB Act.
Unit employees will have the right to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations including but not limited to wages, hours, and other terms and conditions of employment. Unit employees also will have the right to refuse to join or participate in the activities of the Union and will have the right to represent themselves individually in their employment relations with the City. No employee will be interfered with, intimidated, restrained, coerced, or discriminated against by the City of Los Banos or by any employee organization because of his/her exercise of these rights.
SECTION V - Recognition
A. Recognition
Pursuant to Section 3500-3511 of the Government Code of the State of California, the City has certified the Union as the exclusive recognized employee organization for the Los Banos Police Dispatchers/Community Services Officers Association bargaining unit, which consists of all full-time Police Dispatchers/Community Services Officers.
B. Payroll Deduction
The City will deduct Union membership dues and assessments, the amount to be designated by the Union, and any other mutually agreed upon payroll deductions from the monthly pay of member employees, upon receipt of written certification by the Union that it has and will maintain an authorization, signed by individual 2 68
employees described in Section V, Subsection A of this MOU, entitled "Recognition," from whose salary or wages the deduction is to be made.
The City will remit the deducted dues and other mutually agreed payroll deduction to the Union as soon as reasonably possible after the deduction so long as the Union remains the exclusive representative for the bargaining unit, and so long as the Union continues to provide written certification of employee authorization to the City.
The Union will certify to the City in writing as soon as reasonably possible, any changes in the required payroll deduction, and any changes to employee authorization. The Union will not unreasonably request payroll deductions.
The Union agrees it will provide a copy of individual authorizations to the City should a dispute arise about the existence or terms of the authorization.
The Union agrees to hold the City harmless and indemnify the City against any claims, causes of action, demands, lawsuits, or other forms of liability that may arise out of, or by reason of, any action taken by the City, or any department of the City, for the purpose of complying with payroll deduction provisions. This includes, but is not limited to, the City's attorney's fees and costs.
C. Policies
During the term of this Agreement, changes to City of Los Banos policies referred to in this MOU that affect wages, hours and terms and conditions of employment will be subject to the meet and confer process as required by law.
SECTION VI - Public Employee Communication
A. New Employee Orientation
The parties acknowledge that the City provides a new employee orientation meeting ("orientation") to all new employees hired by the City. For new employees hired after the date of this Agreement who are appointed to a classification within the bargaining unit for which the Union is recognized as the exclusively recognized employee organization, the Union will be provided with at least ten (10) calendar days' advanced notice of the time, date and location of the orientation. The Union will be given up to thirty (30) minutes as part of, and at the end of, the new employee orientation meeting in a room designated by bargaining unit for one (1) representative to present Union membership information. Management representatives will excuse themselves during the Union portion of the orientation and the Union agrees in its portion of the 3 69
orientation not to engage in speech that is opprobrious, flagrant, insulting, defamatory, insubordinate or fraught with malice as to cause substantial disruption of or material interference with City activities.
The Union will be represented at the orientation by a City employee who is a Union officer, who shall be provided up to thirty (30) minutes of paid release time to attend the orientation, with the approval of such leave subject to any operational needs.
B. Information Provided
The City will provide the Union a digital file via email, to the email address designated by the Union, containing the following information, to the extent it is maintained on file by the City:
Name
Job title
Department
Work location
Work, home and personal cellular telephone numbers
Personal email addresses on file with the City
Home address.
Such information will be provided within thirty (30) days of the date of hire for new hires, and on a quarterly basis for all bargaining unit employees. This information will also be provided for temporary employees hired in the positions of Dispatcher and CSO, along with the anticipated end date of employment for each temporary employee, or actual end date if the temporary employee has been released from service since the last list was provided.
Notwithstanding the foregoing, limited to the express purpose of the requirements of Government Code section 3558 only, an employee may opt out via written request to the City (with a copy to the Union) to direct the City to withhold disclosure of the employee's home address, home telephone number, personal cellular telephone number, personal email address, and birth date.
The parties agree that this Section fully complies with and exhausts the parties' obligation to negotiate pursuant to Government Code Sections 3557 and 3558.
For temporary employees hired in the positions of Dispatcher or CSO, the City will provide the Union with the anticipated length of employment within five days of hire. 4 70
The Union acknowledges that job descriptions, wage rates, eligibility for benefits, and procedures to apply for ooen, permanent positions are publically available online.
SECTION VII - Management Rights
The Union agrees that all of the functions, rights, powers, responsibilities and authority of the City in regard to the operation of its work and business and the direction of its work force which the City has not specifically abridged, deleted, granted or modified by the express and specific written provisions of this Agreement are, and will remain, exclusively those of the City. Accordingly, the City specifically, except as otherwise limited by this Agreement, reserves the exclusive right to:
A. Decide the scope of service to be performed, and the standards and method of service;
B. Exercise complete control and discretion over its organization and the technology of performing its work; subject to statutory obligations;
C. Train, direct, and assign its employees;
D. Hire, rehire, fire, demote, suspend or otherwise discipline for just and proper cause, promote, layoff, and determine the qualifications of employees; E. Transfer employees from location to location;
F. Determine work shift start and end times, and the number of hours and shifts to be worked, subject to the provisions of the Fair Labor Standards Act; G. Determine the content of job classifications; any change to the current job classifications or addition of new classifications will be subject to meet and confer when those changes fall within the scope of representation; H. Establish employee performance standards including, but not limited to, quality and quantity standards, and to require compliance therewith; I. Maintain the efficiency of City operations;
J. Take all necessary action to carry out its mission in emergencies; and K. Merge, consolidate, expand or curtail or discontinue temporarily or permanently, in whole or in part, operations whenever in the sole discretion of the City, good business 5 71
judgment makes such curtailment or discontinuance advisable; subject to meet and confer obligations over "effects" of the exercise of these rights in accordance with legal requirements.
SECTION VIII - Benefits
The City will contribute towards the City sponsored benefit plans during the life of the Memorandum of Understanding as follows:
A. Medical Insurance Benefits
The City will contract with the California Public Employees' Retirement System (CalPERS) for the purpose of providing employees with medical insurance benefits.
The City's maximum monthly contribution for each eligible active employee for the purchase of medical insurance will be equal to the minimum monthly employer contribution required under the Public Employees Medical and Hospital Care Act (PEMHCA).
B. Section 125 Plan
The City will maintain a Cafeteria Plan, pursuant to Section 125 of the Internal Revenue Code, for the purpose of providing employees with access to various health and welfare benefits and to provide minimum essential coverage for medical insurance to employees and qualifying dependents. Benefits available through the Cafeteria Plan include, but are not limited to, medical insurance, flexible spending accounts for out-of-pocket medical expenses and dependent care, vision insurance, dental insurance and life insurance benefits. The City agrees to provide a Cafeteria Plan Allowance to all employees eligible to participate in City-sponsored health benefits under Section A of this Article. Any tax consequences resulting from City contributions to the Cafeteria Plan are the sole responsibility of the employee.
Effective the first month following City Council approval of a successor MOU in 2024, the City will provide, on a monthly basis. a Cafeteria Plan Allowance based on the employee's enrolled plan and level of health insurance coverage for medical, dental, vision, and basic life insurance (maximum $50,000 pay out), up to the amounts below.
City contributions will not exceed the following amounts:
Medical Dental Vision
$1 154 100 20 10
2 100 100 20 10
2 650 100 10
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Effective January 1, 2025, the City will provide, on a monthly basis. a Cafeteria Plan Allowance for Tier Two employees based on the employee's enrolled plan and level of health insurance coverage for medical, dental, vision , and basic life insurance {maximum $50,000 pay out), up to the amounts below. City contributions will not exceed the following amounts:
Medical Dental Vision Life
1 154 100 20 i1Q
2 165 $100 10
2 755 100 20 i1Q
Effective January 1, 2026. the City will provide. on a monthly basis. a Cafeteria Plan Allowance for Tier Two employees based on the employee's enrolled plan and level of health insurance coverage for medical. dental. vision , and basic life insurance (maximum $50.000 pay out), up to the amounts below. City contributions will not exceed the following amounts:
Medical Dental Vision
1 154 100 20 10
2 270 100 $20 10
2 860 100 20 10
Effective January 1. 2027. the City will provide, on a monthly basis, a Cafeteria Plan Allowance for Tier Two employees based on the employee's enrolled plan and level of health insurance coverage for medical, dental. vision, and basic life insurance {maximum $50,000 pay out), up to the amounts below. City contributions will not exceed the following amounts:
Medical Dental Vision
1 154 100 20 10
2 308 100 20 10
3 000 $100 $20 10
The City will pay minimum monthly employer contribution required under the Public Employees Medical and Hospital Care Act (PEMHCA) to CalPERS. This will be deducted from the Cafeteria Plan Allowance listed above.
1. Effective January 1, 2021, for all employees enrolled in City offered CalPERS health insurance regardless of hire date, the City will provide, on a monthly basis, for the purf:)ose of f:)roviding minimum essential co1.<erage to employees and etef:)endents, a Cafeteria Plan Allowance, baseet on the emf:)loyee's f:)lan and level of l=lealth care coverage, not to exceed the f:)remiums for the Anthem Select HMO plan for tl=le Region that includes Los Banos, for the employee's level of l=lealth 7 73
care co¥erage, minus the PEMHCA minimum employer contribution for health insurance, plus eighty fi>.1e dollars ($85) per month in recognition of premiums for City's life, dental and vision insurance plans.
b 1. Employees enrolled in City-offered CalPERS medical insurance plans are not eligible to receive cash for unused portions of the cafeteria plan allowance.
3. If the combined premiums for the employee's dental, vision and life insurance plans and le\«el of coverage are less than eighty five dollars ($85) per month, the employee can apply the difference toward the employee's medical insurance premiL:1m.
4. If the cost of family co11erage in the Anthem Select HMO plan for the Region that includes Los Banos reaches or exceeds h•.«o thousand six hundred dollars ($2,600) per month, the City's contribution to the cafeteria plan for all le•.«els of co¥erage 'Nill be capped and will cease to automatically escalate based on annual Anthem Select premium increases. If the upcoming year's Anthem Select premium for family coi..ierage will e:>Eceed $2,600, the City contribution for family co·.ierage for the upcoming year will be capped at $2,600. If that occurs, the City contribution for single and h•.«o party co•.«erage for the upcoming year will be increased by the same percentage necessary to reach $2,600 for family co\1erage, and 'Nill be capped at those amounts.
a-,-2. Employee enrollment in dental, vision and life insurance plans offered by the City is mandatory.
3. Employees who opt out of medical plans sponsored by the City, and sign an Attestation and Release, and provide proof of Minimum Essential Coverage as defined by the ACA for the employee and members of the employee's tax family. will receive a Cafeteria Plan Allowance of four hundred dollars ($400) per month.
4. Employee enrollment in dental insurance. vision insurance, and the basic life insurance plans offered by the City is mandatory. including for employees who opt out of City health insurance plans. Enrollment of qualifying dependents in Cityoffered dental and vision insurance is optional. For employees who opt out of City-provided medical insurance, effective the first month following City Council approval of a successor MOU in 2024. City monthly contributions to dental. vision and life insurance will be based on the employee's enrolled plan and level of health insurance coverage for dental, vision. and basic life insurance (maximum $50,000 pay out). up to the amounts below. City contributions will not exceed the following amounts:
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Dental Vision
6. Employees wl=lo opt 01:1t of medical plans sponsored by tl=le City, and sign an Attestation and Release, and pro•,ide proof of Minim1:1m Essential Coverage as defined by tl=le Affordable Care Act for tl=le employee and members of tl=le employee's tax family, will recei1,;1e a Cafeteria Plan Allo •♦.1ance of fo1:1r h1:1ndred eigl=lty fi•.ie dollars ($485) per month, of which part m1:1st be 1:1sed to enroll in mandatory life ins1:1rance, dental ins1:1rance and vision ins1:1rance co•.-erage. §..__At the City's request, the City and Association shall reopen the issue of payment of the Affordable Care Act, and/or its impacts.
+-;6. The basic life insurance benefit provided by the City has a maximum benefit of fifty thousand dollars ($50,000).
C. Sick Leave
The City will provide Sick Leave benefits in accordance with the City of Los Banos Sick Leave Policy, and as amended during the term of this agreement; refer to City of Los Banos Policy & Procedures Manual.
D. Pension Program
1. Pension Formula.
a. Tier One: Employees hired before January 1, 2011 will receive a CalPERS retirement benefit based on the 2. 7% at 55 formula, as set forth in California Government Code section 21354.5, calculated on the single highest year of income.
b. Tier Two: Employees hired on or after January 1, 2011 will receive a CalPERS retirement benefit based on the 2% at 60 formula, as set forth in California Government Code section 21353, calculated on average income of the three highest years.
c. Tier Three: Qualifying employees hired on or after January 1, 2013 and considered new members of CalPERS as defined by the Public Employee Pension Reform Act (PEPRA) will receive the 2% at 62 retirement formula, 9 75
and shall be subject to the provisions of PEPRA, including provisions governing reportable compensation.
E. Retiree Medical
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.
The City's maximum monthly contribution for each eligible annuitant will be equal to the minimum employer contribution required under the PEMHCA. The provisions of the PEMHCA will govern medical insurance coverage for annuitants.
F. Retiree Longevity Pay
1. Employees hired before October 1, 2002 and who, at the time of retirement, constitute an "annuitant" as defined by the PEMHCA, will receive the following:
a. From the date of retirement and until such time the retiree becomes eligible for Medicare, the City will contribute an amount equal to the health premium for the employee's elected health care plan and level of coverage, less the City's minimum monthly employer contribution under PEMHCA. b. Upon attaining Medicare eligibility, the City will contribute an equal to the premium cost for the supplemental Medicare plan offered by CalPERS, less the amount of the City's minimum monthly employer contribution under PEMHCA.
c. Employees will not be entitled to City payments specified above during employment.
2. Employees hired between October 1, 2002 and October 16, 2007 and who, at the time of retirement, constitute an "annuitant" as defined by the PEMHCA, will receive the following:
a. From the date of retirement and until such time that the retiree becomes eligible for Medicare, the City will contribute an amount to cover fifty percent (50%) of the HMO plan for employees with ten (10) years of service, plus an additional five percent (5%) of the cost of the HMO plan for each additional year of service beyond ten (10) years, up to one-hundred percent (100%) of 10 76
the HMO plan after twenty (20) years of service, less the amount of the City's minimum monthly employer contribution under PEMHCA.
b. Upon attaining Medicare eligibility, the City's contribution will equal the cost of fifty percent (50%) of the supplemental Medicare plan offered by CalPERS for employees with ten (10) years of service, plus an additional five percent (5%) of the cost of the supplemental Medicare plan offered by CalPERS for each additional year of service beyond ten (10) years, up to one-hundred percent (100%) of the supplemental Medicare plan offered by CalPERS after twenty (20) years of service, less the amount of the City's minimum monthly employer contribution under PEMHCA.
c. Employees will not be entitled to City payments specified above during employment.
G. Retiree Health Savings Plan
1. For employees hired on or after January 1, 2008, the City will establish a Retiree Health Savings Plan Account to which the City and employees contribute to save, on a tax-deferred basis, money to help pay the cost of healthcare once an individual retires. The Retiree Health Savings Plan Account may be used for health-related expenses as provided under the terms of the Plan. Any tax consequences resulting from City contributions to the Retiree Health Savings Plan Account are the sole responsibility of the employee. a. Participation is mandatory for all employees hired on or after January 1, 2008;
b. For employees hired on or after January 1, 2008, effective July 1, 2021, starting after an employee has successfully completed his or her initial probationary period, the City will contribute seventy-five dollars ($75) per month to the employee's Retiree Health Savings Plan Account. Likewise the employee will contribute seventy-five dollars ($75) per month to his or her Retiree Health Savings Plan Account.
c. During an employee's initial hire probationary period with the City, neither the employee nor the City will contribute to the employee's Retiree Health Savings Plan Account. Upon successful completion of the initial hire probationary period, the City will contribute a lump sum of seventy-five dollars ($75) per month for each month served in the employee's initial 11 77
probationary period.
d. Upon cessation of employment with the City, the City will cease contributions to the individual's Retiree Health Savings Plan Account. e. Employees will have no vested right in ongoing City contributions to the Retiree Health Savings Plan Account.
SECTION IX - Leave Provisions
A. Vacation
Vacation benefits will be accrued, credited, and used in accordance with the City of Los Banos Vacation Leave Policy, and as amended during the term of this agreement; refer to City of Los Banos Policy & Procedures Manual.
B. Holidays
Effective January 1, 2025, and for the duration of the twelve-hour shift schedule for Dispatchers and CSOs, Dispatchers and CSOs who are normally required to work on approved holidays because they work in positions that require scheduled staffing without regard to holidays will receive holiday in lieu pay. In lieu of receiving time off for holidays, employees will be paid one hundred {100) hours per year, paid at the base salary rate. Holiday in lieu pay will be paid on a pay period basis of 4.17 hours per pay period.
In the event that the twelve-hour shift schedule is discontinued after the pilot program referred to in Section IX (Miscellaneous). Dispatchers and CSO's will revert to the following holiday system upon return to the 4x10 work schedule: In lieu of holidays provided under Division 5-D of the City's Personnel Rules, employees performing twenty-four (24) hour shift work will accrue one hundred (100) holiday hours per year, at a rate of ten hours per month between July and April. Holiday hours must be used in the month in which they are accrued. Should a scheduling conflict arise such that the holiday cannot be used in the month in which accrued, the holiday can be scheduled for a later date with prior written approval of the Chief or Chiefs designee. i;:or all other employees, holietays 11.iill be hanetleet in aoooretanoe with pro•iisions of the City of Los Banos Flolietay Leave Polioy; City of Los Banos Polioy Manual, anet as ameneted during the term of this agreement.
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SECTION X - Pay Rates and Practices
A. Pay Rates
1. Salary Ad justments
Effective July 1, 2021 the first full pay period following City Council approval of a successor MOU in 2024, the salary schedules for job classifications represented by the bargaining unit will be increased by a cost of living adjustment of two and three-quarters percent (2.75%). In addition. effective the first full pay period following City Council approval of a successor MOU in 2024. CSO's will receive a one quarter percent (0.25%) equity adjustment, to reflect monthly salary ranges as follows:
EMPLOYEE STEP STEP STEP STEP STEP STEP
CLASSIFICATION DATE 1 i J 1 .§ Q
Public Safety
Dispatcher 8/XX/2024 4,767 5,005 5,255 5,518 5,794 6,084 Community Services
Officer 8/XX/2024 3,509 3.684 3,868 4,061 4,264 4.477
Effective July 1, ~2025, the salary schedules for job classifications represented by the bargaining unit will be increased by a cost of living adjustment of two and three-quarters percent (2.75%). In addition. effective July 1, 2025, CSO's will receive a one quarter percent (0.25%) equity adjustment. to reflect monthly salary ranges as follows:
EMPLOYEE STEP STEP STEP STEP STEP STEP
CLASSIFICATION DATE 1 i J 1 .§ Q
Public Safety
Dispatcher 7/1/2025 4.898 5,143 5.400 5,670 5,954 6,252 Community Services
Officer 711/2025 3.614 3.795 3,985 4,184 4,393 4,613
Effective July 1, ~2026, the salary schedules for job classifications represented by the bargaining unit will be increased by a cost of living adjustment of two and three-quarters percent (2.75%).:. In addition, effective July 1. 2026. CSO's will receive a one quarter percent (0.25%) equity adjustment. to reflect monthly salary ranges as follows:
EMPLOYEE
CLASSIFICATION DATE
STEP STEP STEP STEP STEP STEP
1 i J 4 § §
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Public Safety
Dispatcher
Community Services
Officer
a. Effective upon City Council approval of this agreement in 2021 and the City's receipt of the first federal stimulus payment, the City •,•.«ill pro1 1ide lump sum
payments of the followin1;1 amounts as non discretionary incentive to ratify the agreement:
• Employees hired before January 1, 2021 will recei1
1e a lump sum
payment of four thousanel eight hundred elollars ($4,800). • Employees hireel on or after January 1, 2021 will recei11e a lump sum payment of two thousanel four hunelreel dollars ($2,400). b. Effective July 1, 2022 or upon the City's receipt of the second federal stimulus payment (whiche\1er is later), the City will proviele lump sum payments of tho following amounts as non discretionary incentive to ratify the agreement:
• Employees hired before January 1, 2021 will Feceive a lump sum payment of three thousand si;,c hunelred elollars ($3600). • Employees hired on or after January 1, 2021 will recei'.'e a lump sum payment of one thousand tv,o hundred dollars ($1,200).
c. effecti•10 J1:1ly 1, 2023, the City will pro1
•
1ide l1:1mp sum payments of the following
amounts as non discretionary incentive to ratify the agreement:
• Employees hired before January 1, 2021 will recei\le a lump s1:1m payment of one thousand two hundred dollars ($1,200).
• Employees hired on or after January 1, 2021 will Fecei'.'e a l1:1mp sum payment of si;,c hundred elollars ($600).
It is the intent of the parties that the lump sum payments will not be treateel as salary or wages, as the payments are not provided as compensation for hours of employment or longei.1ity pay. The lump s1:1m payments will not be incl1:1ded in overtimetregular rate of pay calculations, •Nill not be treated as pensionable compensation, and there will be no roll up effect of the lump sum payments. 14 80
The City 'Nill 1.t.1ithhold ta>Ees from ll:lmp Sl:lm payments in aooordanoe with federal and state requirements. The lump sum payments 1.t.iill be paid by separate oheok.
B. Overtime and Compensatory Time Off
1. Overtime
Overtime pay will continue to be handled in accordance with the guidelines set forth in the City's Overtime Compensation Policy, City Policy Manual Division 5- F, and as amended during the term of this agreement. Employees acknowledge and accept that sub-section 9., b. of Division 5-F, provides that when an employee is working a regularly scheduled shift that is longer than eight (8) hours, the employee is entitled to overtime compensation for only those continuous hours worked in excess of the assigned shift or for all hours worked in excess of forty (40) during an assigned work week.
In keeping with this policy, employees assigned to the 4-10 Work Schedule, will only be entitled to overtime compensation for time worked in excess of the ten (10) hour regular shift. Employees assigned to the traditional eight (8) hour shift would continue to be entitled to overtime for time worked in excess of eight (8) hours.
2. Compensatory Time Off (CTO)
Employees may opt to accrue compensatory time-off ("CTO") in lieu of cash payment for overtime worked. CTO accrues at the rate of one and one-half (1.5) hours for each hour, or fraction thereof, worked in excess of the employee's regularly assigned work shift.
Employees will be permitted to accumulate up to one hundred sixty (160) hours of Compensatory Time Off.
Effective July 1, ~2024, employees may cash out up to one hundred twenty (120) hours of CTO per year under the following conditions. Annually, no later than by December 15th, employees may submit an irrevocable election form to Human Resources to receive payment of an elected amount of earned, unused CTO in payments on June 5th and/or December 5th of the next calendar year.
Employees who do not submit irrevocable election forms by the December 15th due date will have been deemed to have elected to forgo participation in the optional annual CTO cash out program.
Cash out of Compensatory Time will be paid by separate check upon request. 15 81
Compensatory Time Off (CTO) will be handled in accordance with provisions outlined in the City's Compensatory Time Off (CTO) Policy, and as amended during the term of this agreement; (refer to City of Los Banos Policy & Procedures Manual).
C. Bilingual Pay:
Bilingual pay will be paid in accordance with the City's Bilingual Pay Policy, City Policy Manual Division 5-L, and as amended during the term of this agreement.
An employee who wishes to apply for Bilingual Pay will fill out the Bilingual Pay Request Form. The employee is responsible for obtaining the signature of the Department Head certifying that the employee's assignment requires substantial use Qi.bilingual skills on the job on a routine and consistent basis. Upon obtaining the Department Head's signature, the employee will deliver the completed form to Human Resources. Within thirty (30) days of receiving the completed form, Human Resources will contact the third party tester to arrange the test.
D. Call Back Pay:
Effective the first full pay period following July 1, 2013 or date of first full pay period ratification and approval, whichever is later, call back compensation will be amended as follows:
Employees who are required to report to work during their assigned off duty hours will be entitled to receive a minimum of three (3) hours Call Back Overtime Pay even if the actual time worked is less than three (3) hours; except in the following instances:
1. In the event the off duty time being worked extends into or begin immediately following the employees assigned shift, he/she will be entitled to overtime compensation for only the actual off duty hours worked.
2. In the event the off duty time being worked is in response to a special assignment mutually agreed upon between the employee and the City, the employee will be entitled to overtime compensation for only the actual hours worked.
3. Employees will be entitled to receive the three (3) hour Call Back Overtime Pay only one (1) time during any twenty-four (24) hour period. A twenty-four (24) hour period for the purpose of this benefit is 0001 hours through 2400 hours. In the event an employee is called out several times during a given twenty-four (24) hour 16 82
period, he or she will only receive three (3) hours compensation if the total hours worked are three (3) or less. If the total hours worked exceeded three (3), the employee will be compensated for the actual hours worked.
The express purpose of Call Back Overtime is to compensate employees who have their normal off duty hours disrupted due to unscheduled call backs, court appearances, and other such job demands. In the event of a disagreement over entitlement to three (3) hour Call Back Overtime Pay, the stated intent of this benefit will be the guiding factor in resolving disputes.
For court appearances, subpoenaed employees may call the court on the day of the required appearance, at or near the required time of appearance listed, to inquire as to whether the appearance time has changed. Employees shall receive a minimum of one (1) hour of Call Back Overtime Pay for one or more calls to the court within the same day. If, upon calling the court, the employee is required to immediately report in person, the call and appearance combined will be subject to the three (3) hour minimum Call Back Overtime Pay. If, upon calling the court, the employee is required to report in person two or more hours later, the employee will be eligible for the one (1) hour minimum Call Back Overtime Pay for the phone call in addition to the three (3) hour minimum Call Back Overtime Pay for the court appearance. Calls are subject to City verification, and employees are required to record the time of the call(s) and the name(s) of the individual(s) spoken to on their time sheet.
E. Education Incentive - Allowance
In accordance with the City's Educational Incentive Policy (Policy Manual Division 5- G and as amended during the term of this agreement), qualified employees will be entitled to receive Educational Incentive Pay for completing the following degrees, which enhance their ability to do their job, as follows:
• One hundred dollars ($100) per month for an AA/AS Degree, or • One hundred seventy five dollars ($175) per month for a BA/BS Degree, or • Two hundred twenty-five dollars ($225) per month for a Maste( s Degree F. Certificate Incentive
Dispatchers will receive fifty dollars ($50) per month for achieving the Basic Dispatchers Certificate.
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Qualified Dispatchers and CSO's will be entitled to receive Certificate Incentive pay for achieving the following certificates which enhance their ability to do their job.
Effective the first full pay period following City Council approval of the MOU in 2024.
Certificate Incentive Pay will be as follows:
• Fifty dollars ($50) per month for completion of Firearms/ 832 Certificate (CSO's only)
• Fifty dollars ($50)Seventy-five dollars ($75) per month for completion of Corrections Academy Certificate
• Fifty dollars ($50) Seventy-five dollars ($75) per month for Dispatcher Training Certificate
• Fifty dollars ($50) per month for Basic Dispatchers Certificate {CSO's only) • Fifty dollars ($50) Seventy-five dollars {$75) per month for Intermediate Dispatchers Certificate
• One hundred dollars ($100) per month for Advanced Dispatchers Certificate Not to exceed three hundred dollars ($300) per month for any combination of the above.
CSO's will be req1:1ired to attend the Corrections Academy within one (1) year of the employee's date of hire.
Dispatchers will have the voluntary opportunity to enroll in the Corrections Academy within three (3) years of the employee's date of hire, or three (3) years from City Council approval of a successor MOU in 2020, whichever is later, contingent on adequate staffing coverage. In the event the Department is unable to provide a Dispatcher with the opportunity to attend the Corrections Academy within the requisite time frame due to low staffing, the Department will notify the Union and employee of the anticipated time frame for the opportunity to enroll.
G. Specialty Pay
Effective the first pay period following City Council approval of a successor MOU in 2020, Dispatchers and CSO's who oond1:1ot are routinely and consistently assigned to train employeesfielel training field training will receive a salary differential of five percent (5%) for time spent training only. Upon advance supervisory approval, Dispatchers and CSO's who conduct field training may receive the salary differential for time spent on-duty documenting trainee performance after the trainee has departed for the day.
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H. Tuition Reimbursement
The City will provide reimbursement for schools, tuition, and specific expenses in accordance with the guidelines set forth in the City of Los Banos Tuition Reimbursement Policy, and as amended during the term of this agreement; (refer to City of Los Banos Policy Manual).
I. Training Expenses
Subject to, and following, the approval of all City bargaining units to amend Division 13 of the Los Banos Personnel Rules entitled "Business and Travel Expenses," and adoption of the amended policy by City Council, employees will be provided with per diem funds for approved meals in advance of approved travel for City business, up to approved funding limits.
SECTION XI - Miscellaneous
A. Continuation of 4-10 Work Schedule/ 12-Hour Pilot Program The 4x10 work schedule in effect as of June 16, 2010 will remain in force. The schedule may be changed by management during the term of the agreement, subject to providing the Union the opportunity to meet and confer over the schedule change, in accordance with the MMB Act. Effective January 1, 2025, the City will pilot a 12- hour shift schedule for Dispatchers and CSOs. The pilot will last a minimum of one full, 3-month shift rotation.
The 12-hour shift schedule will consist of employees working three. 12-hour regularly scheduled shifts per week. plus an additional 12-hour shift on an alternating regular day off every other week. The 7-day work period for employees on this schedule will begin exactly four (4) hours into the employee's shift on the alternating regular day off. Overtime may be assigned in addition to regularly scheduled days at the City's discretion.
At the end of the pilot program period. the parties will evaluate the 12-hour shift schedule. including available data and objective criteria as well as the experience of participating employees. By mutual agreement between the City and the Association. the 12-hour shift schedule may continue on an ongoing basis.
B. Uniform and Clothing Replacement
The Police Chief will be the sole authority for determining the type of uniforms and 19 85
equipment to be purchased and utilized. Employees shall be required to wear uniforms in accordance with Department Policy.
1. Community Service Officers:
a. The Department will supply new hires , and re13laoe as needed.with three (3) sets of the Department-required uniform for Community Service Officers.
Effective the first pay period following City Council approval of a successor MOU in 2024, or July 1, 2024, whichever is later, the City will discontinue providing uniforms after the initial sets have been provided to new hires, and will instead provide a uniform allowance of eight hundred dollars ($800) per fiscal year. Uniform allowance will be paid by separate check. In the event CalPERS changes the frequency of reporting requirements for uniform allowance, the City and Association agree to reopen on the sole issue of the lump sum payment for uniform allowance.
b. For classic CalPERS members as defined by the Public Employee Pension Reform Act (PEPRA), the City will report to CalPERS the monetary value for providing and maintaining the Community Service Officers' required uniforms as described above. The City will report the uniform costs on a semi-monthly basis. The uniform purchase and maintenanoe am01:mtallowance reported to CalPERS will be derived from the City's total annual cost for providing the employee's uniforms, not to exceed $1,000.00 per fiscal year, per employee.
1. Dispatchers:
a. Following adoption of a successor MOU, the Department shall provide all Dispatchers, and future Dispatchers upon hire, an initial uniform allocation allowance of four hundred fifty dollars ($450) to be used for purchase of the following items: three (3) shirts (the employee may choose sleeve length), two (2) pairs of pants, one (1) jacket, one (1) belt, and one (1) pair of shoes. b. Following the initial uniform allocation, the first full pay period of the fiscal year, the Department will provide each Dispatcher with a uniform allowance of three hundred fifty dollars ($350) to be used for the purchase of two (2) shirts (the employee may choose sleeve length) and two (2) pairs of pants on an annual basis, and to replace jacket, shoes and belts on an as needed basis. In the event CalPERS changes the frequency of reporting requirements for uniform allowance, the City and Association agree to reopen on the sole issue of the lump sum payment for uniform allowance. c. For classic CalPERS members as defined by the Public Employee Pension Reform Act (PEPRA), the City will report to CalPERS the uniform allowance provided to Dispatchers.
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C. Uniform Cleaning
The City will pay for cleaning of Community Services Officer uniforms, at City approved cleaners, in accordance with the following guidelines:
1. Two (2) shirts and two (2) pants per work week; and
2. One (1) item of outerwear and one (1) tie, one (1) time each calendar month.
D. Other Benefits
All other benefits not addresses in this MOU will remain in effect.
E. Meet and Confer
The City will offer the Union the opportunity to meet and confer over substantial changes to the Community Service Officer (CSO) job description and compensation in the event the City proposes such changes.
F. Personnel Rules Update
During the term of the agreement, the City shall provide the Union with notice and the opportunity to meet and confer over updates to the City's Personnel Rules.
SECTION XII - Provision of the Law
This Memorandum of Understanding is subject to all applicable current and future Federal and State laws, State regulations, the Municipal Code of the City of Los Banos and the Constitution of the State of California.
Should any of the provisions herein contained be rendered or declared invalid by reason of the State or Federal legislation or court action, such invalidations of such part of portions hereof will not invalidate the remaining portions hereof and they will remain in full force and effect, insofar as such remaining portions are severable.
SECTION XI II - No Strike
The Union, its members and representatives, agree that it and they will not engage in, authorize, sanction or support any strike, slowdown, stoppage of work, curtailment of production, refusal to operate designated equipment (provided such equipment is safe and sound) or to perform customary duties; and neither the Union nor any representatives 21 87
thereof shall engage in job action for the purpose of effecting changes in the directives or decisions of management of the City, nor to effect a change of personnel or operations of management or of employees not covered by this Memorandum of Understanding. No lockout of employees shall be instituted by the City during the term of this MOU.
SECTION XIV- Right To Representative In Investigatory Meeting Upon an employee's request, an employee is entitled to have a Union Representative present during any investigatory interview that may result in discipline, or when the employee has a reasonable belief that discipline will result from the meeting.
SECTION XV - Term
The term of this Memorandum of Understanding will commence the first full pay period following City Council approval of a successor MOU in 2024 July 1, 2021 , and will expire June 30, ~2027, except as otherwise provided in this Memorandum of Understanding.
AFSCME/PEU LOCAL ONE
REPRESENTING
THE LOS BANOS POLICE
DISPATCHERS/COMMUNITY
SERVICES OFFICERS ASSOCIATION
Signature
Name: --- - --------
Title: -------------
Date: - -----------
22 CITY OF LOS BANOS
Signature
Name: ---------- -
Title: - - ------- ---
Date: --- ---------
88 TO:
FROM:
DATE:
LOsBanos
1u we Crossroad::, UJ :alifornia
Agenda Staff Report
Mayor & City Council Members
Lucy Mallonee, MMC ~
City Clerk/Human Resources Director
August 7, 2024
TYPE OF REPORT: Consent Agenda
SUBJECT: Update to Salary Schedule
Recommendation:
Attached please find a resolution for your review and consideration of approval that would amend Division 4, Salary Schedule-Employee Classifications to reflect changes associated with the approval of the Los Banos Police Dispatchers Community Services Officers Association {LBPDCSOA) Tentative Agreements {TA)/Memorandums of Understanding (MOU).
Discussion:
With approval of the TA/MOUs with the LBPDCSOA, effective August 1, 2024, the City's Salary Schedule needs to be amended to reflect the approved three (3) year, two point seven-five percent (2.75%) salary increase for the Public Safety Dispatchers and three percent (3%) salary increase for Community Services Officers.
Fiscal Impact:
The fiscal impact associated with this change has been evaluated and accounted for in the Fiscal Year 2024/25 Budget. Staff will make the appropriate adjustments in the budget to reflect this change.
Reviewed by:
Vanessa Portillo, Finance Director
Attachments:
Resolution
89 THIS PAGE IS INTENTIONALLY LEFT BLANK
90 RESOLUTION NO. __
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS AMENDING DIVISION 4,
SALARY SCHEDULE EMPLOYEE
CLASSIFICATIONS RELATING TO CHANGES TO
SECTION G - POLICE
WHEREAS, the City Council of the City of Los Banos has received a request that the Division 4, Salary Schedule of the City Policy Manual be amended to reflect changes associated with the approval of the Los Banos Police Dispatchers Community Services Officers Association (LBPDCSOA) TA/MOU for a salary increase of two point seven-five percent (2.75%) for the Public Safety Dispatchers on August 1, 2024, July 1, 2025 and July 1, 2026 for the Dispatchers and a salary increase of three percent (3%) for the Community Services Officers on August 1, 2024. July 1. 2025 and July 1. 2026; and
WHEREAS, said request has been reviewed and approved by the City Council of the City of Los Banos at their regular meeting of August 7, 2024.
NOW, THEREFORE, BE IT RESOLVED that Division 4, Salary Schedule of the City Policy Manual is hereby amended to reflect the changes as listed above and is hereby approved as submitted as "Exhibit A" respectively.
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 August 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
91 THIS PAGE IS INTENTIONALLY LEFT BLANK
92 DIVISION 4
SALARY SCHEDULE
(Approved 7. 2024 I Effective August 1, 2024)
EXHIBIT A
SEC. 4003 REGULAR (FULL TIME) EMPLOYEE CLASSIFICATIONS-MONTHLY SALARY
SECTION G - POLICE
EMPLOYEE CLASSIFICATION AUTHORIZED RANGE STEP 1 STEP2 STEP3 STEP4 STEP5 Public Safety Dispatcher (11) * 4,S39 4,-8-74 ~ ~ §,e4Q
2.75% 4,767 5,005 5,255 5,518 5.794
Community Services Officer (8) * d;-4G-7 ~ a,7-aS a,944 4,-441- 3% 3,509 3,684 3.868 4,061 4,264
STEP6
~
6.084
4,-34$
4,477
93 THIS PAGE IS INTENTIONALLY LEFT BLANK
94 LOsBanos
\t ,lu ( I J.\ IC wl OJ
Agenda Staff Report
TO: Mayor Llanez and City Council Members
FROM:
DATE:
Stacy Souza Elms, Community and Economic Development Directo~Z:, August 7, 2024
TYPE OF REPORT: Public Hearing
SUBJECT: Conditional Use Permit #2024-05 to Allow for the On-Sale of Alcohol (Type 41 ABC License) at La Gloria Restaurants & Desserts Located at 265 Mercey Springs Road, Suites I & J
Recommendation:
Staff recommends the City Council adopt a resolution finding the proposed project to be Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301, Existing Facilities and approve Conditional Use Permit #2024-05 to allow for the on-sale of beer and wine (Type 41 ABC License) at La Gloria Restaurants and Desserts located at 265 Mercey Springs Road, Suites I & J.
Background:
On July 10, 2024, the Los Banos Planning Commission held a public hearing to review Conditional Use Permit #2024-05 for the use of a Type 41 alcohol license for the on-sale of beer and wine at 265 Mercey Springs Road, Suites I & J. At the public hearing, the Planning Commission considered the application, including the staff report, presentation by staff, and public comment. As the recommending body, the Planning Commission recommended approval of Conditional Use Permit #2024-05 to the Los Banos City Council.
1 95
Discussion:
La Gloria Restaurant is a full-service restaurant located at 265 Mercey Springs Road, Suites I & J. The restaurant currently serves a variety of authentic Mexican cuisine and seeks to enhance its dining experience by offering beer and wine to its patrons. The Type 41 ABC License allows the on-sale of beer and wine for consumption on the premises in conjunction with a bona fide eating establishment. The hours of operation are from 11 am to 8 pm Monday through Sunday - closed on Wednesdays.
LOCATION:
The project site is located at 265 Mercey Springs Road, Suites I & J and is zoned Highway Commercial (H-C). The surrounding area consists of commercial establishments to the north, south, and east, and an elementary school to the west. The subject site is located within the Premier Cinemas Plaza.
LAND USE:
Property
Project site
North
South
East
West
Land Use
Commercial
Commercial
Commercial
Commercial
School
H-C = Highway Commercial
Zone
H-C
H-C
H-C
H-C
PF
PF = Public Facility
2 General Plan
Commercial
Commercial
Commercial
Commercial
Civic/ Institutional
96 ENVIRONMENTAL ASSESSMENT:
Pursuant to the California Environmental Quality Act (CEQA) and the City of Los Banos Environmental Quality Guidelines, it has been determined that this project is found to be categorically exempt from the provisions of CEQA - Article 19, Section 15301, Existing Facilities. The applicant's request for the on-sale of beer and wine involving the permitting and licensing of an existing private structure at 265 Mercey Springs Road, Suites I & J.
USE PERMIT ANALYSIS
Code Requirements
Pursuant to the Los Banos Municipal Code Section 9-3.2322, a Conditional Use Permit is required for any establishment dispensing for sale or other consideration alcoholic beverages, including beer and wine, for on-sale or off-sale. The Planning Commission is the recommending body and the City Council is the decision-making body for Conditional Use Permits for the on-sale and off-sale of alcoholic beverages. A Conditional Use Permit may be granted if the proposed use is conforming to the following criteria:
General Use Permit Criteria:
1. That the proposed use and project is consistent with the City of Los Banos General Plan, and Los Banos Municipal Code;
2. That the proposed use or project will not be a nuisance or detrimental to the public health, safety, morals, comfort, and general welfare of the persons residing or working in the neighborhood of such proposed use;
3. That the proposed use is compatible with the adjacent uses, properties and neighborhoods and will not be detrimental or injurious to property and improvement in the neighborhood or to the general welfare of the City.
Specific On-Sale and Off-Sale Alcoholic Beverages Criteria:
1. That the proposal will not contribute to undue proliferation of such uses in an area where additional ones would be undesirable with consideration given to the area's function and character, problems of crime and loitering, and traffic problems and capacity;
2. That the proposal will not adversely affect adjacent or nearby churches, temples, or synagogues; public, parochial, or private elementary, junior high, or high schools; public parks or recreation centers; or public or parochial playgrounds;
3. That the proposal will not interfere with the movement of people along an important pedestrian street; and
4. That where the proposed use is in close proximity to residential uses, and especially to bedroom windows, the use will be limited in hours of operation, or designed operated so as to avoid the disruption of residents' sleep between the hours of 10:00 p.m. and 7:00 a.m.
Staff has evaluated the proposal pursuant to the above criteria set forth in the Municipal Code and offers the following observations:
3 97
1. The primary use will be a restaurant (dine-in).
2. The addition of beer and wine sales at this location is not expected to have a significant impact on the surrounding uses. The restaurant has been operating successfully, and the inclusion of alcohol sales is anticipated to attract more patrons without causing adverse effects.
3. Staff is unaware of any significant problems related to crime and loitering, in the surrounding area which would be exacerbated by the on-sale of beer and wine at this location.
4. The approval of the sale of beer and wine for on-site consumption will not contribute to the undue proliferation of alcohol sales in the area where that use would be undesirable taking into account the characteristics of the area.
Additionally, the entitlement will include conditions of approval which will regulate the operational characteristics of allowing the sale of beer and wine and are intended to preserve the public health, safety, or welfare of persons and property in the vicinity including crime prevention and loitering.
5. The proposed use is located within the same commercial plaza as a place of worship and is immediately adjacent to an elementary school to the west.
Conditions of approval have been incorporated into the project to regulate the operational characteristics for the on-site consumption of beer and wine and are intended to preserve the public health, safety, and welfare of persons and property in the vicinity and therefore will not have a significant impact to the place of worship or elementary school.
6. The project is located within the Premier Cinemas Plaza which is primarily occupied by commercial uses. Conditions of approval have been incorporated to regulate loitering and operational characteristics to ensure that the proposal will not interfere with the movement of people along the public right-of-way.
7. There are no residential units within the immediate vicinity of the project site. The project site is located in the Highway Commercial (H-C) Zoning District and surrounded by existing commercial uses and will not directly impact residential uses. The project will include conditions of approval which regulate the operational characteristics of allowing the sale of beer and wine for on-site consumption and are intended to preserve the public health, safety, and welfare of persons and property in the vicinity.
All sales of alcohol will be conducted within the restaurant and must be consumed on the premises. In addition, the project will be subject to conditions which will mitigate any adverse effects on the surrounding neighborhood and are intended to preserve the public health, safety, and welfare of persons and property in the vicinity. The restaurant, La Gloria Restaurant & Desserts, will also be subject to the Los Banos Municipal Code Noise Ordinance.
4 98
Alcoholic Beverage Control
The Alcoholic Beverage Control Board (ABC) is the issuing authority for a Type 41 alcohol license. The City's authority for the sale of alcohol is through its land use powers embodied within the Los Banos Zoning Code.
ABC has the authority according to Section 23801 of the Business and Professions Code to exercise certain conditions under the license, the personal qualifications of the licensee, the conduct of the business or the condition of the premises, which will protect the public welfare and morals, including, but not limited to, the following:
a) Restrictions as to hours of sale
b) Display of signs
c) Employment of designated persons
d) Types and strengths of alcoholic beverages to be served where such types or strengths are otherwise limited by law
e) The portion of the privileges to be exercised under the license f) The personal conduct of the licensee
ABC may also refuse to issue a license to any person who has violated the Alcoholic Beverage Control Act, has a disqualifying criminal record, or is otherwise disqualified.
Census Tract
The project site is located in census tract 22.01
22.0 23.04
5 99
As of the date of this report, there are sixteen (16) on-sale restaurant licenses currently active in this specific census tract. The nearest active on-sale alcohol license to the project site within census tract 22.01 is Premiere Cinemas located at 245 Mercey Springs Road, is approximately 217 feet away. The approval of the requested Conditional Use Permit will increase the active on-sale ABC licenses if approved.
License
Type Business Name Address
41 Jesus's Restaurant 631 H St., Ste. A
41 Me N Ed's Pizzeria 846 W. Pacheco Blvd.
41 6th St. Diner 925 Sixth St.
41 Tacos El Grullense, Jal. 1024 E. Pacheco Blvd.
47 M & M Italian Restaurant 400 Pacheco Blvd.
41 Little Diamond's Pizza 933 Sixth St., Ste. B
41 La Pupusa Loca y Antojitos Mexicanos Restaurant 651 I St. 47 Wool Growers Restaurant 609 H St.
41 Delicia 's Las Palmas Taoueria y Mariscos 502 E. Pacheco Blvd. 41 Las Delicias Restaurant 650 I St.
41 Carnitas El Bajio 455 H St.
47 Smokey Joe's Billiards 830 I St.
Jams@209 Sports Bar & Grill and Crest Event
47 Center 518 I St.
41 Tacos El Tono 639 Ninth St.
41 Biggins Texas BBQ 609 I St.
41 Premiere Cinemas LB 245 Mercev SprinQs Rd.
Type 41 license= on-sale beer and wine Type 47 license= on-sale general alcohol PUBLIC COMMENT:
A public hearing notice was published in the Westside Express and notices were provided to adjacent property owners within a 300-foot radius of the subject property on Wednesday, July 24, 2024. As of the date of this staff report, no comments have been received.
6 100
Reviewed by:
1 . Resolution
Exhibit A CEQA Findings
Exhibit B Project Findings
Exhibit C Conditions of Approval
2. Floor Plan
3. Pictures
4. Public Hearing Notice - July 24, 2024
7 101
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102
RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS 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 #2024-05 FOR A
TYPE 41 ALCOHOL LICENSE FOR LA GLORIA
RESTAURANT & DESSERTS LOCATED AT 265
MERCEY SPRINGS ROAD, SUITES I & J
WHEREAS, the applicant, Lucio Telles, d.b.a. La Gloria Restaurant & Desserts LLC, has requested that the City of Los Banos consider Conditional Use Permit #2024- 05 to allow the on-sale of beer and wine under a Type 41 Alcoholic Beverage Control (ABC) License at La Gloria Restaurant and Desserts located at 265 Mercey Springs Road, Suites I & J, Assessor's Parcel Numbers: 025-121-012 and 013; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA) and the City of Los Banos Environmental Quality Guidelines, Conditional Use Permit #2024-05 for La Gloria Restaurant & Desserts was determined to be categorically exempt from the provisions of CEQA per Article 19, Section 15301 Existing Facilities as the project site is an existing facility; and
WHEREAS, the Los Banos Planning Commission held a public hearing on July 10, 2024, for the purpose of considering Conditional Use Permit #2024-05 and at the completion of the public hearing, duly considered the evidence presented and recommended approval of Conditional Use Permit #2024-05 to the Los Banos City Council; and
WHEREAS, a public hearing notice was published in the Westside Express on July 24, 2024, and notices were mailed to property owners within a 300-foot radius of the project site as required by the Los Banos Municipal Code and California Government Code Section 65091; and
WHEREAS, the Los Banos City Council has held a duly noticed public hearing on Wednesday, August 7, 2024, reviewed said Conditional Use Permit request and staff report, has studied the compatibility of the applicant's request with adjacent land uses and has considered this request in conformance with the Conditional Use Permit criteria established in Section 9-3.2322 of the Los Banos Municipal Code; and WHEREAS, the request/proposed use satisfies the criteria of the Los Banos Municipal Code.
103
BASED UPON THE EVIDENCE PRESENTED AT THE PUBLIC HEARING, the Planning Commission of the City of Los Banos hereby makes the appropriate findings set forth in Exhibit A (California Environmental Quality Act (CEQA) Findings), and Exhibit B (Findings for Approval), attached hereto and incorporated herein by this reference.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby affirm the determination that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 Existing Facilities and approves Conditional Use Permit #2024-05 to allow the use of a Type 41 ABC License for the on-sale of beer and wine in conjunction with a bona-fide eating place, located at 265 Mercey Springs Road, Suites I & J, subject to the Conditions of Approval set forth in Exhibit C, attached hereto and incorporated herein by this reference.
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 August 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
2 104
EXHIBIT A
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS FOR CONDITIONAL USE PERMIT #2024-05 - LA GLORIA RESTAURANT AND
DESSERTS
Pursuant to the requirements of California Public Resources Code Section 21000 et seq. ("CEQA") and Title 14, California Code of Regulations Section 15000 et seq. (the "CEQA Guidelines"), the City as Lead Agency under CEQA adopts the following findings required by CEQA, along with the facts and evidence upon which each finding is based.
The City of Los Banos City Council hereby finds as follows:
1. Pursuant to CEQA, the CEQA Guidelines, and the City of Los Banos Environmental Quality Guidelines, Conditional Use Permit #2024-05 was evaluated and determined to be categorically exempt per Article 19, Section 15301 as the request for the on-sale of beer and wine involves the permitting and licensing of an existing private structure at 265 Mercey Springs Road, APNs: 025- 121-012 and 013.
2. Conditional Use Permit #2024-05 was adequately noticed on Wednesday, July 24, 2024, for consideration at a public meeting on Wednesday, August 7, 2024.
3. No further environmental documentation is required as the Conditional Use Permit was contemplated and adequately analyzed in the initial review.
4. Prior to considering the proposed Project, the City Council considered the Categorical Exemption.
3 105
EXHIBIT B
FINDINGS FOR APPROVAL FOR CONDITIONAL USE PERMIT #2024-05- LA
GLORIA RESTAURANT AND DESSERTS
The City of Los Banos City Council hereby finds as follows:
1. General Findings:
a. The project is consistent with the City of Los Banos General Plan.
The General Plan land use designation for the project site is Mixed-Use, which is intended for mixed-use development in Downtown Los Banos, and allows for a mixture of commercial, office, institutional, public/semi public, and residential uses.
The following specific General Plan Goals, Objectives, and Policies are applicable to the proposed project:
ECONOMIC DEVELOPMENT GOAL ED-2:
Seek and promote particular businesses or development projects that provide needed local goods, services, employment, or those that enhance the city's physical and social well being and quality of life.
LAND USE GOAL LU-5:
Provide residents with excellent employment and shopping opportunities.
LAND USE GOAL LU-6:
Develop a vibrant, mixed-use Downtown that is the pride of the community.
Evidence/Analysis: Lucio Telles d.b.a. La Gloria Restaurant & Desserts LLC will have the ability to provide a wider range of service for customers and allows the restaurant to compete with similar type businesses. The proposed use would continue a commercial use that is compatible with and complementary of existing commercial uses adjacent to the project site. In addition, the project would also be consistent with General Plan land use policies as set forth above.
The zoning designation for the project site is Highway Commercial (H-C).
The purpose of the Highway Commercial District is to provide a district for commercial uses which do not specialize in serving the pedestrian shopper but rather, because of their character, are more appropriately located along a highway or major street and where drive-in operations are more feasible. 4 106
Evidence/Analysis: The proposed use complies with the Los Banos Municipal Code Title 9, Chapter 3, Article 13 as the use will be consistent with the surrounding area and adjacent uses. A restaurant providing for the on-sale of beer and wine is permitted in this location.
2. That the proposed use or project will not be a nuisance or detrimental to the public health, safety, morals, comfort, and general welfare of the persons residing or working in the neighborhood of such proposed use.
Evidence/Analysis: The on-sale of beer and wine will be conducted in accordance with ABC regulations; therefore, will not be a nuisance or detrimental to the neighborhood in which the store is located. The project contains conditions of approval which regulate the operational characteristics of allowing the serving of alcohol and are intended to preserve the public health, safety, or welfare of persons and property in the vicinity.
3. That the proposed use is compatible with the adjacent uses, properties, and neighborhoods and will not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City.
Evidence/Analysis: The proposed use will be conducted in the Highway Commercial Zoning District and will not result in significant operational changes to the existing commercial area. The area's function and character are Highway Commercial, which includes uses that sell alcohol for on-site consumption. The project would include conditions of approval which regulate the operational characteristics of allowing the serving of alcohol and are intended to preserve the public health, safety, or welfare of persons and property in the vicinity.
2. Specific Findings
1. That the proposal will not contribute to undue proliferation of such uses in an area where additional ones would be undesirable with consideration given to the area's function and character, problems of crime and loitering, and traffic problems and capacity.
Evidence/Analysis: The primary use in conjunction with the proposed selling of beer & wine for on-site consumption is a restaurant. As reflected in the staff report, the number of on-sale licenses in the Census Tract is currently sixteen (16). This proposal will increase the amount of active on-sale licenses to seventeen (17). The census tract area and function are primarily commercial in nature, and is entirely consistent with a restaurant and the sale of beer and wine for on-site consumption.
The proposed on-sale of beer and wine is complementary to the restaurant use that is compatible with and complementary of existing commercial uses in the area.
The project would include conditions of approval which regulate the operational characteristics of allowing the sale of beer and wine for on-site consumption and are intended to preserve the public health, safety, or welfare of persons and 5 107
property in the vicinity including crime prevention and loitering. Staff is unaware of any significant problems in the area related to crime and loitering, which would be negatively affected by the on-sale of beer and wine at this location.
2. That the proposal will not adversely affect adjacent or nearby churches, temples, or synagogues; public, parochial, or private elementary, junior high, or high schools; public parks or recreation centers; or public or parochial playgrounds.
Evidence/Analysis: Conditions of Approval have been incorporated into the project which regulate the operational characteristics of allowing the selling of beer and wine for on-site consumption and are intended to preserve the public health, safety, or welfare of persons and property in the vicinity. Conditions of approval have been incorporated into the project approval to mitigate any potential adverse effect.
3. That the proposal will not interfere with the movement of people along an important pedestrian street.
Evidence/Analysis: Alcohol will not be allowed to be consumed beyond the premises of the restaurant at any time and it is not anticipated that persons will congregate on sidewalks or streets as a result of the proposed use. Signage will also be provided on the property and building which prohibit loitering. It is not anticipated that the on-sale of beer and wine at this location will adversely affect any important pedestrian right of ways.
4. That where the proposed use is in close proximity to residential uses, and especially to bedroom windows, the use will be limited in hours of operation, or designed operated so as to avoid the disruption of residents' sleep between the hours of 10:00 p.m. and 7:00 a.m.
Evidence/Analysis: There are no residential uses within the immediate vicinity of the project site. The project site is located in an existing commercial plaza and surrounded by existing commercial uses. The project will include conditions of approval which regulate the operational characteristics of allowing the sale of beer and wine for on-site consumption and are intended to preserve the public health, safety, and welfare of persons and property in the vicinity. 6 108
EXHIBITC
CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT #2024-05- LA
GLORIA RESTAURANT & DESSERTS
1. The following conditions of approval shall apply to and be applicable to the applicant, property owner, and/or operator. Reference to applicant, property owner, and/or operator shall be interpreted to include all.
2. Conditional Use Permit #2024-05 is for Lucio Telles d.b.a. La Gloria Restaurant & Desserts LLC located at 265 Mercey Springs Road, Suites I & J, Assessor's Parcel Numbers: 025-121-012 and 013, and the requested use shall automatically and without notice expire after one (1) year from date of approval by the Los Banos City Council unless commenced. The City for cause may revoke this Conditional Use Permit. Any expansion, intensification, or significant change to the primary use and the uses approved under this Conditional Use Permit shall be permitted only upon modification of this Conditional Use Permit or approval of a separate Conditional Use Permit application. The Conditional Use Permit shall automatically and without notice expire one year after discontinuance of the primary use and/or the uses approved under the Conditional Use Permit.
3. The applicant/operator shall comply with all other requirements, laws and policies of other governmental agencies in the conduct and operation of said business.
4. The applicant/operator shall obtain and maintain an active Type 41 ABC Alcohol License for the on-sale of beer and wine in conjunction with a bona-fide eating place as defined by the Department of Alcoholic Beverage Control and shall provide a copy of said license upon issuance by the Alcoholic Beverage Control to the Community and Economic Development Department prior to the sale of alcohol on the premises.
5. A copy of these Conditions of Approval and the California Department of Alcoholic Beverage Control license are required to be kept on the premises and presented to any law enforcement officer or authorized City official upon request.
6. The applicant/operator shall be responsible for maintaining the exterior of the premises free of litter and trash at all times including the parking lot areas in front of the premises. No storage of equipment, supplies, or merchandise of any kind shall be allowed in the front or rear exterior of the building.
7. The Planning Commission reserves the right to review and/or revoke this permit should the applicant not adhere to the Conditions of Approval. The City may amend or impose new conditions to mitigate adverse effects in the neighborhood resulting from the use of alcohol on the premises.
7 109
8. The applicant/operator agrees to indemnify, hold harmless, and defend the City of Los Banos, its officers, agents and employees from any and all liability or claims that may be brought against the City of Los Banos arising out of its approval of this permit, or the environmental determination rendered in connection with the permit approval, or arising out of the operation of the use or uses allowed under the permit, save and except that caused solely by the City's active negligence.
9. The exterior of the premises, including parking lot area, shall be sufficiently illuminated, to the satisfaction of the Police Chief, during all hours of darkness when the premises are open for business in a manner so that persons accessing those areas at night are identifiable by law enforcement personnel.
10. The premises shall be operated primarily as a restaurant as described in the application prepared by the applicant and filed with the Community and Economic Development Department. Any substantial or significant changes in use or operation of the premises from the Operational Statement may cause a review, amendment or revocation of the Conditional Use Permit. The applicant shall notify the Community and Economic Development Department of any substantial or significant changes in use or operation of the premises from the Operational Statement.
11 . The use of the premises of the subject site shall be consistent with the Conditions of Approval and shall not be operated in a manner that deviates from the approved Conditional Use Permit filed application and operational statement, which shall constitute a violation and may result in the revocation or modification of the permit upon written notice to the owner of the subject site.
12.Authorization of a Conditional Use Permit granted pursuant to the provisions of Section 9-3.2322 of the Los Banos Municipal Code continue to be valid upon change of ownership of the site or structure which was the subject of the Conditional Use Permit application provided the use shall be subject to all provisions of the Municipal Code and all conditions placed on approval of the Conditional Use Permit are continually met. The applicant shall immediately notify the Community and Economic Development Department of any changes in ownership.
13. This Conditional Use Permit shall be subject to revocation by the Community and Economic Development Director or the Planning Commission upon a finding that a. Conditions of approval have not been fulfilled;
b. A significant change or intensification of the approved use; c. The use has resulted in a nuisance or detriment to the public health, safety, morals, comfort, and general welfare of the persons residing or working in the 8 110
neighborhood or is detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City.
14. Consumption of alcohol shall only be allowed on the premises of the restaurant.
Outdoor patio consumption of alcohol shall only be permitted with a barrier between the public right -of-way and restaurant patrons to be approved by the Community & Economic Development Director and ABC.
15. No loud amplification of music or voice shall be allowed outside.
16. The applicant/operator shall have monitoring cameras in the exterior and interior of the restaurant at all times to the satisfaction and approval of the Police Chief.
The applicant shall always maintain the surveillance equipment in working order and keep the video recordings for 30 days to be made available to law enforcement upon request.
17. The sale of beer and wine shall be limited to the hours of operation of the restaurant.
18. The premises shall be operated in accordance with the Los Banos Municipal Code Noise Ordinance.
19. The applicant shall acknowledge and execute receipt of a copy of the foregoing Conditions of Approval.
20. The applicant/operator shall provide signs prohibiting loitering on the property and/or building subject to the approval of the Community and Economic Development Director.
21. This approval is conditioned upon and shall be effective upon payment in full of all outstanding invoices pursuant to the Cost Recovery Contract. 9 111
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112
CUP #2024-05 - La Gloria Restaurant & Desserts LLC
265 Mercey Springs Rd., Stes. I & J
113
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LOs Banos
Al the Crossroads of California
a -
COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT
Date: July 19, 2024
Regarding: Notice of Public Hearing
Proposal: Conditional Use Permit #2024-05 - Type 41 Alcohol License NOTICE IS HEREBY GIVEN THAT a Public Hearing will be held by the Los Banos Planning Commission to consider Conditional Use Permit #2024-05 and a Categorical Exemption from the California Environmental Quality Act pursuant to Section 15301, Existing Facilities, to allow the use of a Type 41 Alcohol License for the on-sale of beer and wine for a bonafide eating place, La Gloria Restaurant and Desserts LLC, located at 265 Mercey Springs Road, I & J, more specifically identified as Assessor's Parcel Numbers: 025-121-012 and 013.
The Los Banos Planning Commission held a public hearing on Wednesday, July 10, 2024, for the purpose of considering the above mentioned project. At the completion of the public comment, the Planning Commission recommended approval of Conditional Use Permit #2024-05 to the Los Banos City Council.
A PUBLIC HEARING on this matter will be held at the next scheduled meeting of the Los Banos City Council on Wednesday, August 7, 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 Stacy Souza Elms, Community and Economic Development Director, at City Hall or at (209) 827-2433.
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 City Council 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 48 hours prior to the public hearing will enable the City to make reasonable arrangements to allow participation at this hearing
THE CITY OF LOS BANOS
Stacy Souza Elms
Community and Economic Development Director
119
THIS PAGE IS INTENTIONALLY LEFT BLANK
120
LOsBanos
\t 111 • 11> ,ncul OJ alif u nia
Agenda Staff Report
TO: Mayor Llanez and City Council Members
FROM: Stacy Souza Elms, Community and Economic Development Director'f:£- DATE: August 7, 2024
TYPE OF REPORT: Public Hearing
SUBJECT: Resolution Declaring Results of Majority Protest Proceedings and Renewing the Los Banos Downtown Property and Business Improvement District (LBDPBID)
Recommendation:
1 . The City Council conduct and conclude a public hearing and direct the City Clerk to tabulate the ballots;
Note: If the vote is successful to support 50% or more of the property owner assessments to renew the LBDPBID, the City Council is asked to adopt the following:
2. The City Council declare the results of majority protest proceedings and adopt a Resolution to renew the LBDPBID and levy the assessments.
Holding this public hearing, declaring results of the majority protest proceedings, and adopting this Resolution of Formation will result in the renewal of the Los Banos Downtown Property and Business Improvement District (LBDPBID) for a new 10 (ten) year term beginning on January 1, 2025, or as soon as possible thereafter, and ending ten (10) years from its start date, and levy of assessments on property owners. 1 121
Background:
The LBDPBID is a benefit assessment district whose primary goal is to provide improvements, maintenance, and activities which constitute and convey a special benefit to assessed parcels. This approach has been used successfully in other cities throughout the country to provide special benefits to property owners, namely increased sales, attraction of new tenants, increased occupancies, and specifically increased property values.
LBDPBID property owners decided to pursue renewal of the LBDPBID in order to continue a revenue source devoted to providing special benefits to assessed property owners. If renewed, the LBDPBID would generate approximately $176,047.76 in assessment revenue on an annual basis for maintenance & general security and marketing & placemaking programs that are above and beyond those provided by the City and other government agencies.
Discussion:
MANAGEMENT DISTRICT PLAN
The Management District Plan (Attachment 1) includes the proposed boundary of the LBDPBID, a service plan, assessment methodology, budget, proposed means of governance, and Engineer's Report. The LBDPBID boundaries generally include parcels in the downtown area of the City of Los Banos, bound by the southern boundaries of K Street, the western boundaries of Fifth Street, the northern boundaries of I Street (alley) and the eastern boundaries of 7th Street.
The renewed LBDPBID will have a ten (10) year life. The assessment will be implemented beginning January 1, 2025, or as soon as possible thereafter, and ending ten (10) years from its start date. The initial assessment rate (cost to the parcel owner) to commercial and government parcels is $0.31 per parcel square foot. Parcels zoned exclusively for single-family residential purposes with four (4) units or less will not be assessed.
Assessment rates may be subject to an increase of no more than three percent (3%) per year as approved by the Governing Board.
As provided by State Law, the LBDPBID assessment will appear as a separate line item on annual property tax bills prepared by the County of Merced. Parcels which do not receive property tax bills will be invoiced by the City. Property tax bills are generally distributed in the fall, and payment is expected by lump sum or installment. The County of Merced shall distribute funds collected to the City of Los Banos, which shall forward them to the LBDPBID. Existing laws for enforcement and appeal of property taxes, including penalties and interest, apply to the LBDPBID assessments. 2 122
LBDPBID RENEWAL PROCESS
June 5, 2024
June 21, 2024
August 7, 2024
Fiscal Impact:
RESOLUTION OF INTENTION HEARING (COMPLETED)
Upon the submission of a written petition, signed by the property owners in the proposed LBDPBID who will pay more than 50 percent (50%) of the assessments proposed to be levied, the City Council may initiate proceedings to renew the LBDPBID by the adoption of a resolution expressing its intention to renew the LBDPBID.
Petition Status: Petitions in favor of district renewal were submitted by 22 property owners, which represent 50.81 % of the total LBDPBID assessment. This majority petition allows the Council to initiate proceedings for LBDPBID renewal at the June 5, 2024 meeting.
NOTICE & PROPOSITION 218 BALLOT (COMPLETED)
The Property and Business Improvement District Law of 1994 and Proposition 218 require the City mail written notice and assessment ballots to the owners of all property proposed to be assessed within the LBDPBID. Mailing the notice and assessment ballot begins a mandatory forty-five (45) day period in which owners may cast ballots.
PUBLIC HEARING AND DECLARING RESULTS OF A MAJORITY
PROSTEST PROCEEDING
Council will open a public hearing and receive public testimony. At the end of testimony, Council will close the public hearing and direct tabulation of assessment ballots submitted and not withdrawn to determine whether there is a majority protest against the assessment. A majority protest exists if the ballots in opposition to the proposed assessment exceed the ballots in support of the proposed assessment, weighted by the amount each owner will pay.
If there is no majority protest, Council may adopt a resolution declaring the results of the majority protest proceedings and renewing the LBDPBID. Upon successful passage of the resolution, the LBDPBID shall be renewed.
Article XIID of the California State Constitution (Proposition 218) states that no parcel is exempt from assessments if that parcel receives benefit from the improvements and activities, which includes government and public use parcels. The City of Los Banos and any other government owned parcels within the LBDPBID boundary will pay their assessment based on the special benefits conferred to those parcels. 3 123
The proposed LBDPBID will have a ten-year (10) term. The annual assessment for Cityowned property within the proposed district for Fiscal Year 2024-2025 will be approximately $29,295.00. If the Council adopts the Resolution of Formation to renew the LBDPBID, the assessment expense would continue in FY 2024-2025, which was appropriated in FY 2024-2025 budget in anticipation of the PBID renewal to account 100- 419-100-259.
Annual assessments may increase no more than three percent (3%) per year, consistent with the increase in consumer price index (CPI) and increases in program costs. The determination of annual adjustments in assessment rates will be subject to the review and approval of the PBID Owners' Association Board of Directors. When established the Board will represent a cross section of property owners but will also include businesses, government and others paying the PBID assessment.
Reviewed by:
Vanessa Portillo, Finance Director
Attachments:
1. Resolution of Formation
2. LBDPBID Management District Plan and Engineer's Report
3. Public Haring Notice
4 124
RESOLUTION NO. __
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS RENEWING THE LOS
BANOS DOWNTOWN PROPERTY AND
BUSINESS IMPROVEMENT DISTRICT
(LBDPBID), APPROVING THE ASSESSMENT
FORMULA AND LEVYING THE ASSESSMENTS
WHEREAS, the City of Los Banos (City) created the LBDPBID on October 2, 2019 by Resolution No. 6136; and
WHEREAS, the LBDPBID was created for a five (5) year term which ends on December 31 , 2024; and
WHEREAS, the Property and Business Improvement District Law of 1994, Streets and Highways Code §36600 et seq. authorizes cities to establish and renew property and business improvement districts upon petition by a weighted majority of property owners within the proposed district and affirmative ballot; and WHEREAS, a majority of the property owners subject to assessment, weighted according to the amount of assessment to be paid by each property owner, have petitioned the City Council to renew the proposed LBDPBID; and WHEREAS, on June 5, 2024, the City Council adopted Resolution No. 6780, entitled "A Resolution of the City Council of the City of Los Banos Declaring its Intention to Renew the Los Banos Downtown Property and Business Improvement District (LBDPBID) and Fixing the Time and Place of a Public Hearing Thereon and Giving Notice Thereof;" which was the Resolution of Intention to renew the LBDPBID; and WHEREAS, on August 7, 2024, at 6:00 PM at City Hall located at 520 J Street, Los Banos, CA 93635, City Council shall conduct a final public hearing on the renewal of the LBDPBID and to continue the levy of assessments; and WHEREAS, all written and oral protests made or filed were duly heard, evidence for and against the proposed action was received, and a full, fair and complete hearing was granted and held; and
WHEREAS, pursuant to California Constitution Article XIII D, ballots were mailed to property owners within the boundaries of the LBDPBID, and, among those ballots returned to the City, a weighted majority of the property owners within the LBDPBID have approved renewal of the LBDPBID; and
125
WHEREAS, a detailed engineer's report prepared by a registered professional engineer certified by the State of California, in support of the LBDPBID's assessments, has been prepared, is incorporated in the Management District Plan, and is on file with the Office of the City Clerk and is incorporated herein by this reference (Engineer's Report).
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby:
1. The recitals set forth herein are true and correct.
2. The LBDPBID is hereby renewed for a ten (10) year term, beginning January 1, 2025, or as soon as possible thereafter, and ending ten ( 10) years from the start date, and the annual assessment is hereby levied for each year of the entire term of the LBDPBID. The LBDPBID annual assessment budget for the initial year of its ten (10) year operation is anticipated to be $176,047.76. The annual assessment budget may be subject to an increase in assessment rates of no more than three percent (3%) per year. The assessment funds will be supplemented by non-assessment funds (such as grants and event income), so that the total budget for the initial year is estimated at $184,852.01. The amount of non-assessment funds is the minimum amount necessary to pay for the general benefit provided by LBDPBID programs.
3. The Management District Plan and Engineer's Report dated March 19, 2024 is hereby adopted and approved.
4. The assessment shall be imposed on specially benefited properties within the LBDPBID. The LBDPBID boundaries generally include parcels in the downtown area of the City of Los Banos, bound by the southern boundaries of K Street, the western boundaries of 5th Street, the northern boundaries of I Street and the eastern boundaries of 7th Street. A boundary map is attached hereto and incorporated herein by reference.
5. The initial assessment rate (cost to the parcel owner) to commercial and government parcels is $0.31 per parcel square foot. Parcels zoned exclusively for single-family residential purposes with four (4) units or less will not be assessed.
Assessment rates may be subject to an increase of no more than three percent (3%) per year.
6. The Assessment Roll for the LBDPBID, City of Los Banos, State of California has been filed with the City Clerk, and is hereby approved~
7. The assessments shall be collected in accordance with Section 36631 of the Streets and Highways Code.
2 126
8. The assessment levied for the LBDPBID shall be applied towards maintenance & general security and marketing & placemaking programs directly and only to assessed parcels within its boundaries.
9. Bonds shall not be issued.
10. Properties within the LBDPBID are subject to any amendments to Part 7 (commencing with Section 36600) to Division 18 of the Streets and Highways Code.
11. The improvements, maintenance and activities to be provided in the LBDPBID will be funded by the levy of the assessments specified in the assessment roll. The revenue from the levy of such assessments shall not be used to provide improvements or activities outside the district or for any purpose other than the purposes specified in the Resolution of Intention and Management District Plan.
Notwithstanding the foregoing, improvements and activities that must be provided outside the LBDPBID boundaries to create a special benefit to the assessed parcels may be provided but shall be limited to marketing or signage pointing to the LBDPBID.
12. All assessed property within the LBDPBI D will be benefited specially and directly by the improvements and activities funded by the assessments proposed to be levied.
13. The City Clerk is directed to take all necessary actions to complete the renewal of the LBDPBID. The City Clerk is directed to record a notice and assessment diagram in the County Recorder's Office as required by Streets and Highways Code section 36627.
14. If any section, subsection, sentence, clause or phrase of this resolution 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 the resolution. The City Council hereby declares that it would have passed this resolution and each section, subsection, sentence, clause and phrase hereof, irrespective of the fact that any one or more of the sections, subsections, sentences, clauses or phases hereof be declares invalid or unconstitutional.
15. This resolution shall take effect immediately.
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 August 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:
3 127
NOES:
ABSENT:
APPROVED:
Paul Llanez, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
4 128
LOS BANOS DOWNTOWN PROPERTY AND
BUSINESS IMPROVEMENT DISTRICT
MANAGEMENT DISTRICT PLAN AND ENGINEER'S REPORT
129
Contents
I. Overview ................................................................................................................... ................................. 3 II. Background ............................................................................................................................................... 5 III. Accomplislunents ..... .. ............................................................................................................................. 6 IV. Boundaries ......................................................................................................................................... ........ 7 V. Service Plan & Budget ................................................................................................. ........................... 8 VI. Assessment Rate ..................................................................................................................................... 12 VII. Governance ................. ............................................................................................................................ 13 VIII. Engineer's Report .................... ................................. ............................................................................. 14 Appendix 1 - Maximum Annual Assessment Rates ................................... ........................................... .. ........... 25 Appendix 2 - PBID Law ........................................................................................................... ............................... 26 Appendix 3 - Map .................. ................................................................................................................................... 38 Appendix 4 - Parcel Assessment Calculation ...................................................................................................... 39 Appendix 5 -Total Estimated Maximum Cost Oflmprovements And Activities .................................... .42 Prepared by Civitas
··• • CIVITAS
PAIITHliRSMIPS • PROGRESS • PROSPI.RITY
www.civitasadvisors.com
(800)999-7781
130
I. OVERVIEW
Developed by a growing coalition of property owners, the Los Banos Downtown Property and Business Improvement District (LBDPBID) is a benefit assessment district whose main goal is to provide improvements, maintenance, and activities which constitute and convey a special benefit to assessed parcels. This approach has been used successfully in other cities throughout the country to provide special benefits to property owners, namely increased sales, attraction of new tenants, increased occupancies, and specifically increased property values. The LBDPBID was created in 2020 for an initial five (5) year term.
The Los Banos Downtown Association and property owners now wish to renew the LBDPBID for an additional ten (10) year term. As required by state law, property owners have created this Management District Plan (Plan) to renew the LBDPBID.
Location:
Purpose:
Budget:
Cost:
Renewal:
Duration:
The LBDPBID generally includes parcels in the downtown area of the City of Los Banos, bound by the southern boundaries of K Street, the western boundaries of 5th Street, the northern boundaries ofI Street and the eastern boundaries of 7th Street. It also includes parcels facing south west between 5th Street and 7th Street. A detailed map can be found in Section IV.
The purpose of the LBDPBID is to provide improvements, maintenance, and activities which constitute and convey a special benefit to assessed parcels. The LBDPBID will provide maintenance & general security and marketing & placemaking programs directly and only to assessed parcels within its boundaries.
The LBDPBID annual assessment budget for the initial year of its ten (10) year operation is anticipated to be $176,047.76. The annual assessment budget may be subject to an increase in assessment rates of no more than three percent (3%) per year. The assessment funds will be supplemented by non-assessment funds (such as grants and event income), so that the total budget for the initial year is estimated at $184,852.01. The amount of non-assessment funds is the minimum amount necessary to pay for the general benefit provided by LBDPBID programs. Further detail on the separation of special and general benefit is provided in Section VIII.
The initial assessment rate ( cost to the parcel owner) to commercial and government parcels is $0.31 per parcel square foot. Parcels zoned exclusively for single-family residential purposes with four ( 4) units or less will not be assessed. Assessment rates may be subject to an increase of no more than three percent (3%) per year.
LBDPBID renewal requires submittal of petitions from property owners representing more than fifty percent (50%) of the total assessment. The "Right to Vote on Taxes Act'' (also known as Proposition 218) requires a ballot vote in which more than fifty percent (50%) of the ballots received, weighted by assessment, be in support of the LBDPBID.
The LBDPBID will have a ten (10)-year-life, beginning January 1, 2025, or as soon as possible thereafter, and ending ten (10) years from the start date. Near the end of the term, the petition, ballot, and City Council hearing process must be repeated for the LBDPBID to be renewed.
Los Banos Downtown PBID Management District Plan
March 19, 2024 Page 3
131
Management: The Los Banos Downtown Association (LBDA) Vlill continue to serve as the Owners' Association for the LBDPBID.
Los Banos Downtown PBID Management District Plan
March 19, 2024 Page4
132
II. BACKGROUND
The International Downtown Association estimates that more than 2,500 Property and Business Improvement Districts (PBIDs) currently operate throughout North America. PBIDs are a time-tested tool for property owners who wish to come together and obtain collective services which benefit their properties.
PBIDs provide supplemental services in addition to those provided by local government. They may also finance physical and capital improvements. These improvements and activities are concentrated within a distinct geographic area and are funded by a special parcel assessment. Services and improvements are only provided to those who pay the assessment.
Although funds are collected by the local government, they are then directed to a private nonprofit. The nonprofit implements services and provides day-to-day oversight. The nonprofit is managed by a Board of Directors representing those who pay the assessment, to help ensure the services meet the needs of property owners and are responsive to changing conditions within the PBID.
PB IDs all over the globe have been proven to work by providing services that improve the overall viability of commercial districts, resulting in higher property values, lease rates, occupancy rates, and sales volumes.
The LBDPBID will be renewed pursuant to a state law that took effect in January of 1995. The ''Property and Business Improvement District Law of 1994," which was signed into law by Governor Pete Wilson, ushered in a new generation of Property and Business Improvement Districts in California. Key provisions of the law include:
► Allows a wide variety of services which are tailored to meet specific needs of assessed properties in each individual PBID;
► Requires property owner input and support throughout the renewal process; ► Requires written support on both a petition and ballot from property owners paying 50% of proposed assessments;
► Allows for a designated, private nonprofit corporation to manage funds and implement programs, with oversight from property owners and the City; ► Requires limits for assessment rates to ensure that they do not exceed the amount owners are willing to pay; and
► Requires the PBID be renewed after a certain time period, making it accountable to property owners.
The "Property and Business Improvement Business District Law of 1994" is provided in Appendix 2 of this document.
Los Banos Downtown PBID Management District Plan
March 19, 2024 Page 5
133
III. ACCOMPLISHMENTS
The LBDPBID is governed by a non-profit organization known as the Los Banos Downtown Association, with Board members composed of property owners, business owners, and community members. The goal is for property and business owners to gather and collaborate, focusing their efforts on creating a vibrant place to shop, dine, work, and play. The aim is to showcase downtown as a destination that brings together and provides economic opportunities for businesses, enabling them to establish new customer connections. In addition to serving as a resource for local businesses, the LBDPBID also hosts several community events throughout the year, which have become central to the community's culture.
Downtown Los Banos offers a historic business environment from yesteryears while catering to modem needs. The tree-lined streets, outdoor music, wall murals depicting old Los Banos, inviting storefronts, and historic facades harmoniously contribute to the unique downtown Los Banos experience.
Community members and visitors stroll through the downtown, visiting the offerings found here, some of which have been serving this community for generations. Since the inception of the LBDPBID in 2020, the LBDPBID has implemented numerous programs and projects that have specially benefi.tted assessed parcels, including:
► Installment of a new camera system for the LBDPBID;
► Coordination with the Los Banos Police Department to support cnme prevention throughout the LBDPBID;
► New Downtown lighting;
► New marketing pole banners;
► New seasonal banners;
► Partnership with the City of Los Banos on the installment of a Gateway Sign; ► Upkeep of 30 Planters;
► Landscape improvements and maintenance, including the planting of trees, succulents and flowers;
► Partnership with the City for the trimming of trees;
► Installment of 30 new trash receptacles;
► Pressure washing of sidewalks twice a month;
► Removal of gum on sidewalks;
► Litter removal services, including garbage, debris and recycling infrastructure needs throughout the LBDPBID;
► Graffiti removal services; and
► Upgraded music in the Downtown.
Los Banos Downtown PBID Management District Plan
March 19, 2024 Page6
134
IV. BOUNDARIES
The LBDPBID generally includes parcels in the downtown area of the City of Los Banos, bound by the southern boundaries of K Street, the western boundaries of 5th Street, the northern boundaries of I Street and the eastern boundaries of 7th Street. It also includes parcels facing southwest between 5th Street and 7th Street. A detailed map is included below.
The service area includes approximately seventy-seven (77) assessed properties with fifty-five (55) property owners. The LBDPBID boundary is illustrated by the map below. A larger map is available on request by calling (916) 437-4300 or (800)999-7781.
Los Banos Downtown Property and Business Improvement District (LBDPBID) ,.,,,,
- LBDPBID Boundaries
Los Banos Downtown PBID Management District Plan
March 19, 2024
• ••• ♦
CIVITAS
135
V. SERVICE PLAN & BUDGET
A. Renewal
Property and business owners in Downtown Los Banos had been concerned about the need for coordinated supplemental services in the area for several years. Property and business owners in the area had welcomed City services and efforts, but limited resources had not allowed for a more comprehensive approach to managing the commercial area. The LBDPBID was initially formed to address these needs.
Now, property owners within the boundaries of the LBDPBID wish to renew the PBDPBID to continue this mission.
A series of property owner meetings, a survey of property owners, and analysis of current property conditions and needs were conducted. The primary needs identified were to continue providing maintenance & general security and marketing & placemaking services. To continue to meet those needs, the renewed LBDPBID will provide these services to assessed parcels within its boundaries.
B. Improvements, Maintenance and Activities
The LBDPBID will continue to provide supplemental improvements, maintenance and activities that are above and beyond those provided by the City of Los Banos (City) and other government agencies. None of the services to be provided by the LBDPBID are provided by the City or other government agencies.
The improvements, maintenance and activities will be provided directly and only to assessed parcels; they will not be provided to parcels that are not assessed. Each and every service is unique to the LBDPBID, thus the benefits provided are particular and distinct to each assessed parcel.
1. Maintenance and Genera] Security
The maintenance and general security programs will be designed to maintain and increase usability of assessed parcels for the benefit of assessed parcels. The maintenance programs will focus on providing a cleaner, more accessible, and more attractive environment for potential tenants and customers. The security programs will aim to increase safety and address issues which discourage property owners, tenants, and customers from visiting the LBDPBID. The maintenance and security program may include, but is not limited to:
• Pressure washing sidewalks and gum removal;
• Litter removal services, including garbage, debris and leaves throughout the LBDPBID; • Graffiti removal services;
• Landscape improvements and maintenance, including the trimming and planting of trees and flowers;
• The addition of trash receptacles;
• Parking lot maintenance;
• Enhanced security measures to surveil the LBDPBID and proactively respond to incidents occurring on assessed parcels; and
• Coordination with the Los Banos Police Department to support crime prevention throughout the LBDPBID.
2. Marketing and Placemaking
Marketing and placemaking efforts will highlight the LBDPBID as a unique destination in an effort to increase visitor activity and sales that directly benefit the assessed parcels. It is the intent of this program to allow the public to view the LBDPBID as a single destination with a rich collection of attractions, events and services. Marketing and placemaking programs may include, but are not limited to:
Los Banos Downtown PBID Management District Plan
March 19, 2024 Page 8
136
• Promotions and marketing of the LBDPBID as a destination area; • Special events to attract visitors;
• Maintenance of a LBDPBID brand package and website;
• Creation and distribution of promotional materials, visitor guides, maps, press releases and newsletters; and
• The addition of pole banners, wayfinding signage, park benches, bike racks, planters, public art and other similar initiatives to market and improve the look of the LBDPBID.
3. Administration and Operations
The administration portion of the budget will be utilized for administrative costs associated with providing the services. Those costs may include rent, telephone charges, legal fees, accounting fees, postage, administrative staff, insurance, and other general office expenses.
C. Annual Assessment Budget
A projected ten (10) year budget for the LBDPBID is provided below. The overall assessment budget shall remain consistent with this Plan. In the event of a legal challenge, assessment funds may be used to defend the LBDPBID. The annual assessment budget is based on the following assumptions and guidelines:
1. The cost of providing improvements, maintenance and activities may vary depending upon the market cost for those improvements, maintenance and activities. Expenditures may require adjustment up or down to continue the intended level of improvements, maintenance and activities. The LBDA and their board shall have the authority to adjust budget allocations between the categories by no more than twenty percent (20%) of the total budget per year. Any change will be approved by the LBDA and submitted with the Annual Report.
2. Funds not spent in any given year may be rolled over to the next year.
3. The assessment rate may be subject to annual increases that will not exceed three percent (3%) per year. Increases will be determined by the LBDA and will vary each year. The projections below illustrate the maximum annual three percent (3%) increase for all budget items.
4. Each budget category includes all costs related to providing that service. For example, the marketing and placemaking budget includes the cost of staff time dedicated to overseeing and implementing the security program. Staff time dedicated purely to administrative tasks is allocated to the administration portion of the budget. The costs of an individual staff member may be allocated to multiple budget categories. The staffing levels necessary to provide the LBDPBID services will be determined by the LBDA on an as-needed basis.
D. Service Budget
The total improvement, maintenance, and activity budget for 2025 that is funded by property assessments is $176,047.76. In addition to the assessment revenue, the programs will be supplemented by nonassessment funds. The total of non-assessment funds, and the determination of special and general benefit, is included in the Engineer's Report. The total of assessment and non-assessment funds is provided in Appendix 5. Below is an illustration of the estimated total assessment budget allocations for each budget category for the initial year of the ten (10) year term of the LBDPBID. Non-assessment funds may be shifted between budget categories as needed by the Board of the Owners' Association.
Los Banos Downtown PBID Management District Plan
March 19, 2024 Page 9
137
Initial Year Assessment Budget: $176,047.76
1\dmini~tration &
Opt>ratiom, S26,407.1 6 ,
;\farketing &
Plact'making,
S74,820.30 , 42.5%
E. Annual Maximum Assessment Budget
-----;\laintcnanc .. e & General
------ Security, S74,820.30 ,
42.5%
The assessment budget below assumes the maximum annual increase of three percent (3%) is not enacted and that there are no changes to the categorical budget allocations.
Year Maintenance & Marketing &
General Security Placemakin~
2025 $74,820.30 $74,820.30
2026 $74,820.30 $74,820.30
2027 $74,820.30 $74,820.30
2028 $74,820.30 $74,820.30
2029 $74,820.30 $74,820.30
2030 $74,820.30 $74,820.30
2031 $74,820.30 $74,820.30
2032 $74,820.30 $74,820.30
2033 $74,820.30 $74,820.30
2034 $74,820.30 $74,820.30
Total $748,203.00 $748,203.00
Los Banos Downtown PBID Management District Plan
March 19, 2024
Administration & Total
Operations
$26,407.16 $176,047.76
$26,407.16 $176,047.76
$26,407.16 $176,047.76
$26,407.16 $176,047.76
$26,407.16 $176,047.76
$26,407.16 $176,047.76
$26,407.16 $176,047.76
$26,407.16 $176,047.76
$26,407.16 $176,047.76
$26,407.16 $176,047.76
$264,071.60 $1 ,760,477.60
138
The assessment budget below assumes the maximum annual increase of up to three percent (3%) is enacted and that there are no changes to the categorical budget allocations.
Year Maintenance & Marketing &
General Security Placemakiniz
2025 $74,820.30 $74,820.30
2026 $77,064.91 $77,064.91
2027 $79,376.86 $79,376.86
2028 $81,758.16 $81,758.16
2029 $84,210.91 $84,210.91
2030 $86,737.23 $86,737.23
2031 $89,339.35 $89,339.35
2032 $92,019.53 $92,019.53
2033 $94,780.12 $94,780.12
2034 $97,623.52 $97,623.52
Total $857,730.89 $857,730.89
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Administration & Total
Operations
$26,407.16 $176,047.76
$27,199.37 $181,329.19
$28,015.36 $186,769.08
$28,855.82 $192,372.14
$29,721.49 $198,143.31
$30,613.14 $204,087.60
$31,531.53 $210,210.23
$32,477.48 $216,516.54
$33,451 .80 $223,012.04
$34,455.35 $229,702.39
$302,728.50 $2,018,190.28
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VI. ASSESSMENT RATE
A. Assessment Formula
The initial assessment rate (cost to the parcel owner) to commercial and government parcels is $0.31 per parcel square foot. Parcels zoned exclusively for single-family residential purposes with four ( 4) units or less will not be assessed. Assessment rates may be subject to an increase of no more than three percent (3%) per year.
B. Changes in Zoning, Ownership, or Parcel Size
If the zoning, ownership, or size of a parcel within the LBDPBID boundary changes during the term of the LBDPBID the assessment amount may be modified according to the assessment methodology detailed in this Plan that is applicable to the parcel. These changes may be a result of land adjustments (including but not limited to lot splits, consolidations, right away setbacks, etc.), new construction, new ownership, or changes in zoning.
C. Assessment Notice
During the hearing process, an Assessment Notice will be sent to owners of each parcel in the LBDPBID.
The Assessment Notice provides an estimated assessment. The final individual assessment for any particular parcel may change, up or down, if they differ from those found on the Assessment Notice. A list of parcels to be included in the LBDPBID is provided within Appendix 4.
D. Time and Manner for Collecting Assessments
As provided by State Law, the LBDPBID assessment will appear as a separate line item on annual property tax bills prepared by the County of Merced. Parcels which do not receive property tax bills will be invoiced by the City. Property tax bills are generally distributed in the fall, and payment is expected by lump sum or installment. The County of Merced shall distribute funds collected to the City of Los Banos, which shall forward them to the LBDPBID. Existing laws for enforcement and appeal of property taxes, including penalties and interest, apply to the LBDPBID assessments.
E. Bonds
Bonds shall not be issued.
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VII. GOVERNANCE
A. Owners' Association
The LBDPBID shall be governed by the Los Banos Downtown Property Owners Association, (LBDPA) with oversight from the Los Banos City Council. The LBDA shall serve as the Owners' Association described in the Streets and Highways Code §36651. The Board of Directors of the LBDA and its staff are charged with the day-to-day operations of the LBDPBID.
B. Brown Act & Public Records Act Compliance
An Owners' Association is a private entity and may not be considered a public entity for any purpose, nor may its board members or staff be considered to be public officials for any purpose. The Owners' Association is, however, subject to government regulations relating to transparency, namely the Ralph M.
Brown Act and the California Public Records Act. These regulations are designed to promote public accountability. The Owners' Association must act as a legislative body under the Ralph M. Brown Act (Government Code §54950 et seq.). Thus, meetings of the LBDA Board of Directors and certain committees must be held in compliance with the public notice and other requirements of the Brown Act.
The Owners' Association is also subject to the record keeping and disclosure requirements of the California Public Records Act.
C. Annual Report
The LBDA shall present an annual report at the end of each year of operation to the City Council pursuant to Streets and Highways Code §36650 (see Appendix 2). The annual report is a prospective report for the upcoming year and must include:
1. Any proposed changes in the boundaries of the LBDPBID or in any benefit zones or classification of property within the district;
2. The improvements, maintenance, and activities to be provided for that fiscal year;
3. The estimated cost of providing the improvements, maintenance, and activities to be provided for that fiscal year;
4. The method and basis of levying the assessment in sufficient detail to allow each real property owner to estimate the amount of the assessment to be levied against his or her property for that fiscal year;
5. The estimated amount of any surplus or deficit revenues to be carried over from a previous fiscal year; and
6. The estimated amount of any contributions to be made from sources other than assessments levied pursuant to this Plan.
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VIII. ENGINEER'S REPORT
The LBDPBID's parcel assessments will be imposed in accordance with the provisions of Article XIII D of the California Constitution. Article XIII D provides that "only special benefits are assessable,"1 and requires the City to "separate the general benefits from the special benefits conferred on a parcel."2 Special benefits are a "particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public-at-large."3 Conversely, a general benefit is "conferred on real property located in the district or to the public-at-large."~ Assessment law also mandates that "no assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel."5
The Engineer determined the total cost of the improvements, maintenance and activities, quantified the general benefit accruing to the public-at-large and non-assessed parcels adjacent to and within the LBDPBID, and separated that amount from the special benefit accruing to the assessed parcels. Then, the Engineer determined the proportional special benefit derived by each parcel and allocated the special benefit value of the improvements, maintenance, and activities accordingly. The Engineer's determinations and detailed calculations are summarized in this report.
A. Separation of General and Special Benefits
Each of the improvements, maintenance and activities, and the associated costs and assessments within the LBDPBID, were reviewed, identified, and allocated based on special and general benefits pursuant to Article XIII D of the California Constitution. The assessment has been apportioned based on the proportional special benefits conferred to the assessed parcels located within the LBDPBID boundaries as determined below.
1. General Benefits
The California Constitution mandates that "only special benefits are assessable, and an agency shall separate the general benefits from the special benefits."6 "Generally, this separation and quantification of general and special benefits must be accomplished by apportioning the cost of a service or improvement between the two and assessing property owners only for the portion of the cost representing special benefits."7 The first step that must be undertaken to separate general and special benefits provided by the PBID's improvements, maintenance and activities is to identify and quantify the general benefits. a. General Benefit to the Public-at-Large
Although the improvements, maintenance, and activities are narrowly designed and carefully implemented to specially benefit the assessed parcels, and are only provided directly to assessed parcels, they will generate a general benefit to the public-at-large within the LBDPBID. State law indicates that "Activities undertaken for the purpose of conferring special benefits upon property to be assessed inherently produce incidental or collateral effects that benefit property or persons not assessed."8However, "the mere fact that special benefits produce incidental or collateral effects that benefit property or persons not assessed does not convert any portion of those special benefits or their incidental 1 Cal. Const., art XIII D, §4(a)
2 Cal. Const, art XIII D, §4(a) 3 Id, §2(i) 4 Cal Const, art XIII D §2(i) s Cal. Const., art XIII D, §4(a)
6 Cal. Const., art XIII D, §4(a)
7 Golden Hill Neighborhood Association v. City of San Diego (2011) 199 Cal.App.4th 416 8 Streets and Highways Code section 36601 (h)(2)
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or collateral effects into general benefits."9 Further, "the value of any incidental or collateral effects that arise from the improvements, maintenance or activities of a property-based district and that benefit property or persons not assessed shall not be deducted from the entirety of the cost of any special benefit or affect the proportionate special benefit derived by each identified parcel."10 Intercept surveys conducted in similar districts have found that approximately 98.6% of pedestrian traffic within the district boundaries is engaged in business on assessed parcels, while the remaining approximately 1.4% is simply passing through and not engaging in business on the assessed parcels.11 To ensure that the assessment dollars do not fund general benefits to the public-at-large, that portion of the cost of services will be paid for with funds not obtained through assessments. Out of an abundance of caution, the 1.4% figure was rounded to 2% for the purposes of this Engineers Report.
The 2% of traffic passing through does not have any connection to the assessed parcels, and therefore does not represent a special benefit to the assessed parcels. The 2% will, however, receive a derivative and indirect general benefit as a result of the improvements, maintenance, and activities being provided in the LBDPBID. Therefore, it is estimated that 2% of the benefit created by the LBDPBID's services is general benefit provided to the public-at-large. To ensure that the assessment dollars do not fund general benefits to the public-at-large, that portion of the cost of activities and improvements will be paid for with funds not obtained through assessments. Using the 2% figure, based on the initial year activity and improvement budget, the value of this general benefit to the public-at-large is $3,697.04 ($184,852.01 *0.02).
b. General Benefit to Non-Assessed Parcels
Although they are only provided directly to the assessed parcels, the LBDPBID's improvements, maintenance, and activities may also confer general benefits upon non-assessed parcels within and surrounding the LBDPBID. The California Court of Appeals has found that "services specifically intended for assessed parcels concomitantly confer collateral general benefits to surrounding properties."12 It is reasonable to conclude that improvements, maintenance, and activities within the LBDPBID will have an incidental impact on non- assessed parcels surrounding or within the LBDPBID boundaries. Although the legislature has indicated that "the value of any incidental or collateral effects that arise from the improvements, maintenance, or activities of a property-based district and that benefit property or persons not assessed shall not be deducted from the entirety of the cost of any special benefit," 13 the California Court of Appeals has noted that "the characterization of a benefit may depend on whether the parcel receives a direct advantage from the improvement ... or receives an indirect, derivative advantage resulting from the overall public benefits of the improvement." 14 Those derivative and indirect impacts are considered general benefits and will be quantified and separated.
In this Engineer's opinion, because improvements, maintenance, and activities are provided only within the LBDPBID and on its perimeter, parcels separated from the LBDPBID by either at least one intervening parcel or an impassable physical barrier such as a wall, freeway, or ditch will not receive spill over benefits. Parcels separated from the LBDPBID will not benefit because they are physically removed from the actual location of improvements, maintenance, and activities provided, and do not 9 Ibid
10 Streets and Highways Code Section 36622(k)(2)
11 Survqs conducted in: North Park, San Diego Qanuary 2015); Mack Road, Sacramento Quly 2014); and Sunrise MarketPlace, Citrus Heights (December 2013)
12 Beutz v. Riverside (2010) 184 Cal.App.4th 1516
13 Streets and Highways Code section 36622(k) (2)
u Tiburon v. Bonander (2009) 180 Ca1App.4th 1057, 1077
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face serviced parcels. Therefore, this analysis considers non-assessed parcels within the LBDPBID's boundaries and surrounding parcels that are immediately adjacent to and accessible from the LBDPBID's boundaries.
The total LBDPBID improvements, maintenance, and activities budget for the initial year of renewal is $184,852.01 . After reducing the improvements, maintenance, and activities budget by the general benefit to the public-at-large ($3,697.04), the remaining benefit to parcels is $181,154.97. This benefit has been distributed to both assessed and non-assessed parcels using the following methodology. The general benefit to the public-at-large has been proportionally allocated to the LBDPBID's improvements, maintenance, and activities categories as shown in the following table.
Category Benefit to Parcels [Benefit to Public- Total
at-Large
Maintenance & General Security $76,748.47 $1,566.30 $78,314.77 Marketing & Placemakin_g $77,233.26 $1,576.19 $78,809.44 Administration & O perations $27,173.24 $554.55 $27,727.80 Total $181,154.97 $3,697.04 $184,852.01
To determine the general benefit to parcels, the Engineer assigned each parcel group a benefit factor, determined the appropriate parcel characteristic to use in the calculation, multiplied the benefit factor by the benefit characteristic to determine the benefit units attributable to each parcel group, and apportioned the remaining service cost (service cost minus general benefit to the public) in accordance with the benefit units derived by each parcel group.
i. Benefit Factors
All parcels within and adjacent to the LBDPBID have been assigned a benefit factor to mathematically represent the proportional special and general benefit and quantify the value of each. The determination of benefit factors for each type of improvement, maintenance, and activity follows.
Improvements
The improvements to be provided by the LBDPBID provide two types of special benefits:
• Improvement - The primary special benefit provided by the LBDPBID's improvements is the improvements themselves, which are available to tenants and customers of assessed parcels. • Proximity- The LBDPBID's improvements also provide the special benefit of being in proximity to a parcel that is benefitting from an improvement, as parcels will enjoy the spillover benefits of neighboring parcels utilizing the improvements.
The majority of the benefit is the improvements themselves; proximity is a lesser benefit. It is this Engineer's estimation that eighty-five percent (85%) of the special benefit from the LBDPBID's improvements is the improvement, while the proximity special benefit accounts for fifteen percent (15%) of the special benefit. Assessed parcels will receive both benefits; non-assessed parcels within and adjacent to the LBDPBID will not be directly improved, and therefore only receive the general benefit of proximity.
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Tangible Activities
The tangible activities (those that are physically provided via a person or people working throughout the district) to be provided by the LBDPBID generate three types of special benefits:
• Service - The primary special benefit provided by the LBDPBID's physical activities is the actual service. That is, the actual cleanliness and safety created by security and maintenance personnel. • Presence - The LBDPBID's physical activities also provide the special benefit of an individual's presence on the assessed parcel as the activities are provided, which can have a deterrent effect and creates a positive impression that the area is well-maintained and safe. The "Disneyland effect" is the benefit the parcels receive from the observation that parcels are being maintained. There are studies which link the perception of cleanliness to a perception of increased security. • Proximi!J- The LBDPBID's physical activities also provide the special benefit of being in proximity to a more maintained, safer parcel. Neighboring parcels enjoy the spillover benefits of being adjacent to increased maintenance and security.
The majority of the benefit received by the parcels is the results of the LBDPBID's services; onsite presence and proximity are lesser benefits. It is this Engineer's estimation that seventy-five percent (75%) of the special benefit from the LBDPBID's physical activities is the service, while the presence and proximity benefits each account for twelve and one-half percent (12.5% presence, 12.5% proximity) of the special benefit. Assessed parcels will receive all three benefits; non-assessed parcels Vlithin and adjacent to the District Vlill not be directly serviced and therefore only receive the general benefit of proximity.
Intangible Activities
Some of the LBDPBID's activities, such as marketing, are distinct in that they are not provided to a targeted area Vlithin the LBDPBID, rather they are provided via internet, radio, and other forms of media and targeted at an audience outside the LBDPBID in an effort to bring the audience into the LBDPBID.
These activities provide the special benefits of promotion:
Direct Exposure - The primary special benefit provided by the LBDPBID's intangible actrvitles is exposure. The intangible activities increase awareness of the LBDPBID as a commercial and business destination and lead to increased patronage.
Incidental Exposure - The LBDPBID's intangible activities Vlill also have a secondary special benefit of incidental exposure, such as word-of-mouth exposure, that results from the direct exposure and increases awareness of the LBDPBID as a commercial and business destination.
The majority of the benefit from these activities is the direct exposure; the incidental exposure is a lesser benefit. It is this Engineer's estimation that ninety percent (90%) of the special benefit from the intangible activities is direct exposure, while ten percent (10%) is incidental exposure. Assessed parcels Vlill receive both as special benefits; non-assessed parcels within and adjacent to the LBDPBID will not be directly marketed and therefore only receive the general benefit of incidental exposure.
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"J-<actors Determined
Based on the foregoing analysis, all assessed parcels within the LBDPBID specially benefit from the LBDPBID's improvements,maintenance,and activities,and have been assigned a benefit factor ofl .0. Parcels that are not assessed have been assigned benefit factors based on the portion of the benefit they will receive, as described above. Instead, the non-assessed parcels will benefit from fifteen percent (15%) of the improvements, twelve and one-half percent (12.5%) of the tangible activities and ten percent (10%) of the intangible activities; therefore, they have been assigned benefit factors of0.15, 0.125 and 0.10 respectively. ii. Non-Assessed Benefit Characteristics
There are two types of parcels that are not assessed; those within the LBDPBID and those immediately adjacent to and accessible from the LBDPBID. Because they generally benefit in a differing manner, distinct parcel characteristics are used to quantify the general benefit to each type. • Inside-Non-assessed parcels inside of the LBDPBID are surrounded by parcels that are assessed and receiving the full special benefits; they will, therefore, receive the general benefit of proximity. These parcels are impacted on more than one side by the LBDPBID's improvements, maintenance, and activities, marketing has a direct impact all around them, and activities and improvements are provided all around them. Because these parcels are surrounded by specially benefitted parcels, it is appropriate that parcel square footage be used to measure the general benefit they receive. • Acfjacent-Adjacent parcels are those that are immediately adjacent to or directly across the street from specially benefitted parcels, and accessible from specially benefitted parcels. These parcels generally benefit differently than those inside the LBDPBID, because these parcels are adjacent to, rather than surrounded by, specially benefitted parcels. Square footage is not an appropriate measure of benefit to these parcels. Because the parcels are not surrounded by serviced parcels, a long, shallow parcel with the same square footage as a deep, narrow parcel will receive a different level of general benefit.
Likewise, two parcels with the same depth but a different width adjacent to serviced parcels will benefit differently. To account for this difference, it is appropriate that parcel linear frontage be used to measure the general benefit the adjacent parcels receive. The linear footage is the length of parcels fronting public streets. The amount listed for "assessed linear feet" is the value for all assessed parcels within the LBDPBID and the amount listed for "non-assessed linear feet" is the value for all nonassessed parcels adjacent to the district boundary. iii. Calculations
To quantify and separate the general benefit to non-assessed parcels, the follmving calculations were undertaken for each budget category.
1. The total service budget for each category was determined and the amount of general benefit to the public-at-large was subtracted from the category budget.
2. The benefit factor applicable to each improvement, maintenance, and activity was multiplied by the parcel square footage or linear frontage of assessed and non-assessed parcels, to determine the number of benefit units received by each parcel group.
3. The benefit units for all parcel groups were summed, and the percentage of benefit units attributable to each parcel group was calculated.
4. The total remaining improvements, maintenance, and activities budget, less the amount already determined to be general benefit to the public-at-large, was allocated to general and special benefit categories for each parcel group using the calculated benefit percent and applicable benefit characteristic methodology.
5. The special and general benefit resulting from the administration and policy development / Los Banos Downtown PBID Management District Plan
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contingency portions of the budget were determined based on the proportional allocation of benefits derived from improvements, maintenance, and activities.
Maintenance & General S ecuri!J
The maintenance & general security budget, minus the amount of general benefit to the public-at-large ($1,566.30), is $77,233.26. The calculations below determine the amount of general benefit to nonassessed parcels within the LBDPBID.
Square Benefit Benefit Remaining
Parcel Type Footage Factor iBenefit Units Percent Budget Assessed 567,896.00 X 1.000 = 567,896.00 99.263% X $77,233.26 = $76,663.74 Non-Assessed 33,750.00 X0.125 = 4,218.75 0.737% X $77,233.26 = $569.51 The maintenance & general security, minus the amount of general benefit to the public and non- assessed parcels within the LBDPBID, is $76,663.74. The calculations below determine the amount of general benefit to parcels adjacent to the LBDPBID.
Linear IBenefit Benefit !Remaining
Parcel Type Frontage IFactor I3enefit Units Percent iBudget Inside 7,118.00 X 1.000 = $7,118.00 97.595% X $76,663.74 = $74,820.30 Adjacent 1,403.00 X0.125 = $175.38 2.405% X $76,663.74 = $1,843.44 Therefore, the allocation of the maintenance & general security budget is as follows:
General Benefit- Public At Large $1,576.19
General Benefit - Inside Parcels $569.51
K;-eneral Benefit-Adjacent Parcels $1 ,843.44
$pecial Benefit $74,820.30
IT'otal $78,809.44
Marketing & Placemaking
The marketing & placemaking budget, minus the amount of general benefit to the public-at-large, is $76,748.47. The calculations below determine the amount of general benefit to non-assessed parcels within the LBDPBID.
Square !Benefit [Benefit Remaining
Parcel Type Footage IF actor Benefit Units !Percent Budget Assessed 567,896.00 X 1.000 567,896.00 99.409% X $76,748.47 = $76,295.05 Non- 33,750.00 X0.10 3,375.00 0.591% X $76,748.47 = $453.42 !Assessed The marketing & placemaking budget, minus the amount of general benefit to the public and nonassessed parcels within the LBDPBID, is $76,295.05. The calculations below determine the amount of general benefit to parcels adjacent to the LBDPBID.
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Linear !Benefit tBenefit Remaining
!Parcel Type Frontage ~actor Benefit Units !Percent Budget Inside 7,118.00 X 1.000 7,118.00 98.067% X $76,295.05 = $74,820.30 Adjacent 1,403.00 X0.100 140.30 1.933% X $76,295.05 = $1,474.75 Therefore, the allocation of the maintenance & general security budget is as follows:
General Benefit - Public At Large $1,566.30
General Benefit - Inside Parcels $453.42
General Benefit-Adjacent Parcels $1,474.75
Special Benefit $74,820.30
Total $78,314.77
Administration & Operations
The administration & operations budget line items relate to the improvements, maintenance, and activities provided. These costs have been allocated proportionally based on the special and general benefit provided by each catego1y.
Special Benefit General Benefit
to Parcels to Parcels
Maintenance & General r, • $74,820.30 $1,928.17 ::iecuncv Marketing & Placemaking $74,820.30 $2,412.96
Activirv Totals $149,640.60 $4,341.13
Percent 97.181% 2.819%
Administration & $26,407.16 $766.08 K)perations
rrotal Parcel Benefits $176,047.76 $5,107.21
iv. Total Benefits
Based on the foregoing calculations, the total benefits to assessed parcels, non-assessed parcels, and the general public are:
Special General
Benefit to !Benefit to
Parcels !Parcels
Maintenance & $74,820.30 $1,928.17 General Security
Marketing & $74,820.30 $2,412.95 IPlacemaking
!Administration $26,407.16 $766.08 & O perations
iI'otal $176,047.76 $5,107.20
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General
Benefit to
Public Total
$1,566.30 $78,314.77
$1,576.19 $78,809.44
$554.55 $27,727.80
$3,697.05 $184,852.01
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c. Non-Assessment Funding
The programs funded by the LBDPBID receive additional non-assessment funding in the form of grants, corporate sponsorships, event income, and other miscellaneous funds. These funding sources are anticipated to equal or exceed the amount of general benefit conferred annually by the LBDPBID's improvements, maintenance, and activities, $8,804.25. These non-assessment funds will be used to pay for the general benefit provided by the LBDPBID's improvements, maintenance, and activities, ensuring that parcel assessments will only be used to provide special benefits and "any additional costs of providing general benefits [are] not included in the amounts assessed."15
2. Special Benefit
The improvements, maintenance, and activities to be provided by the LBDPBID constitute and convey special benefits directly to the assessed parcels. Assessment law requires that "the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the property related service being provided."16 Further, "no assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel."17 Special benefit "includes incidental or collateral effects that arise from the improvements, maintenance, or activities of property-based districts even if those incidental or collateral effects benefit property or persons not assessed."18
To determine the total special benefit value to be conveyed to the assessed parcels, we deduct the general benefit value ($8,804.25) from the total value of the improvements, maintenance, and activities ($184,852.01). The remaining $176,047.76 is considered the special benefit to assessed parcels (the "Total Assessment"). The Total Assessment represents the total value of the special benefit to be provided by the improvements, maintenance, and activities. The Total Assessment has been proportionally divided among the assessed parcels so that no assessment exceeds the reasonable cost of the proportional special benefit conferred on a parcel. The assessment rate has been designed to ensure that "properties that receive the same proportionate special benefit pay the same assessment."19 Total Benefit
Service Provided Value
Maintenance & $78,314.77 General Security
Marketing& $78,809.44 Placemaking
!Administration & $27,727.80 Operations
rr'OTAL $184,852.01
is Streets and Highways Code section 36632(a)
16 Cal. Const, art XIII D §4(a)
17 Ibid
18 Streets and Highways Code section 36615.5
19 Tiburon v. Bonander(2009) 180 Cal.App.4th 1057
General
Benefit Value
to Public
$3,494.47
$3,989.14
$1,320.64
$8,804.25
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Benefit Special Benefit
Value to to Assessed
Parcels Parcels
(Special &
General)
$76,748.47 $74,820.30
$77,233.26 $74,820.30
$27,173.24 $26,407.16
$181,154.97 $176,047.76
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B. Assessment Methodology
1. Base Formula
Each parcel will be assessed based on proportional special benefits received. The variables used for the annual assessment formula are parcel type and parcel square footage. These variables are appropriate measures of the proportional special benefit because the need for services, level of services, and quantity of services are all relative to these variables; thus the special benefit provided to each parcel by the services can be proportionally measured using these variables.
Determination of Assessment Rates
"Because not all parcels in the district are identical in size . .. some will receive more special benefit than others."20 Each of the variables used relates directly to the service level and special benefit provided to each parcel. Parcel square footage is the size of the parcel, measured in square feet. Size is an appropriate measure of proportional special benefit because it relates directly to the quantity of services provided to the parcel, the highest and best use of a parce~ and reflects the long-term value in1plications of the LBDPBID. The larger a parcel, the more services and benefit the parcel will receive. To determine the assessment rates, the estin1ated special benefit value for assessed parcels was divided by the total assessable parcel square footage as shown in the table below.
Parcel Type Initial Parcel Parcel Initial Parcel
Size Budget Square Assessment
Footage Rate
($/ sqft/yr)
Standard $176,047.76 567,896 = $0.31
Summarv of Assessment Rates
Therefore, the annual cost to commercial parcels is $0.31 per parcel square foot. For instance, a commercial parcel with 1,000 parcel sguare feet would pay $310 for the initial renewal year (1,000 * $0.31).
In the initial renewal year of the LBPBID, the rate will not exceed $0.31 per parcel square foot. The assessment rate may be subject to an increase of no more than three percent (3%) per year after the initial year. The maximum annual assessment rates are shown in Appendix 1. If you would like more information about parcel assessments, please call Civitas at (916) 437-4300 or (800) 999-7781.
Parcel Categorization
Assessment categories for each parcel were determined based on the parcel's land use code as shown in the Assessor's Records and supplemented by other available information. In general, the assessment category for each parcel reflects the use of the parcel as described by its land use code. In cases where the land use code and actual use differ, the actual use prevails for classification purposes.
2. Standard Parcels
Standard parcels include commercial and government parcels and will receive and benefit from all LBDPBID activities and improvements, and will therefore be assessed the full rate. 20 Dahms v. Downtown Pomona (2009) 17 4 Ca!App.4th 708
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3. Government Parcels
The California Constitution, in Article XIII D, provides that "parcels within a district that are owned or used by any agency, the State of California or the United States shall not be exempt from assessment unless the agency can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit." No public agency owning parcels in the district has made such a demonstration.
4. Non-Assessed Parcels
There are six (6) parcels with.in the LBDPBID that will not be assessed. These parcels will not specially benefit from or directly receive the LBDPBID's improvements, maintenance, and activities. These parcels are accounted for in the analysis of general benefit provided to non-assessed parcels within the LBDPBID.
• Residential Parcels: The state legislature has determined that "properties zoned exclusively for residential use, or that are zoned for agricultural use, are conclusively presumed not to benefit from the improvements and services funded through these assessments, and shall not be subject to any assessment." The activities and improvements to be provided are designed to specially benefit standard parcels via increased commerce, occupancy, and lease rates. None of these benefits apply to residential parcels, which will not be serviced or benefit from the LBDPBID's activities and improvements. Residential parcels are those parcels with four family units or less, residential common areas, residential condos and planned unit development of single-family residences. There are six (6) residential parcels within the LBDPBID that will not be assessed.
5. Changes in Data
Every effort has been made to ensure each parcel included in the LBDPBID is clearly identified and that all parcels included in the LBDPBID are consistent in the boundary map and the assessment calculation table. However, errors in data can and may arise or data may change after formation of the LBDPBID.
Inconsistencies may include updated parcel sizes or parcel splits. If inconsistencies arise, the order of precedence shall be: 1) the assessment calculation table and 2) the boundary map. Based on the assessment calculation table, a parcel owner could calculate if the appropriate assessment amount was charged. Additionally, using the boundary map, a parcel owner could detennine if its APN was correctly identified.
If the parcel size or type of a parcel changes during the term of the LBDPBID, the assessment calculation may be modified accordingly.
C. Assessment Notice
During the hearing process, an Assessment Ballot will be sent to owners of each parcel in the LBDPBID.
The Assessment Ballot provides an estimated assessment. The final individual assessment for any particular parcel may change, up or down, if the pa.reel square footage or type differ from those used to calculate the amount shown on the notice, which can be found in Appendix 4.
D. Time and Manner for Collecting Assessments
As provided by State Law, the LBDPBID assessment will appear as a separate line item on annual property tax bills prepared by the County of Merced. Property tax bills are generally distributed in the fall, and payment is expected by lump sum or installment. The City of Los Banos shall distribute funds collected to the Owners' Association. Existing laws for enforcement and appeal of property taxes, including penalties and interest, apply to the LBDPBID assessments.
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E. Engineers Certification
I hereby certify, to the best of my knowledge and experience, that each of the identified assessed parcels located within the Los Banos Downtown Property and Business Improvement District will receive a special benefit over and above the general benefits conferred and that the amount of the assessment is no greater than the proportional special benefits conferred on each parcel, as described in this Engineer's Report.
Review of this Los Banos Downtown Property and Business Improvement District Management District Plan and preparation of the Engineer's Report was completed by:
March 19, 2024
Date
This Engineer's Report is intended to be distributed as part of the Management District Plan in its entirety, including the Assessment Calculation Table and the Boundary Map. Reproduction and distribution of onjy Section VIII of this Management District Plan violates the intent of this stamp and signature.
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APPENDIX 1- MAXIMUM ANNUAL ASSESSMENT RATES
The table below illustrates the maximum annual assessment rate with the assumption that the rates will be increased annually by three percent (3%) with approval of the LEDA. The maximum rates listed are a required disclosure and not the anticipated course of action.
Year Assessment Rate
2025 $0.31
2026 $0.32
2027 $0.33
2028 $0.34
2029 $0.35
2030 $0.36
2031 $0.37
2032 $0.38
2033 $0.39
2034 $0.40
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APPENDIX 2- PBID LAW
*** THIS DOCUMENT IS CURRENT THROUGH THE 2023 SUPPLEMENT*** ("-\LL 2022 LEGISLATION)
STREETS AND HIGHWAYS CODE
DIVISION 18. PARKING
PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 CHAPTER 1. General Provisions
ARTICLE 1. Declarations
36600. Citation of part
This part shall be known and may be cited as the "Property and Business Improvement District Law of 1994." 36601. Legislative findings and declarations; Legislative guidance The Legislature finds and declares all of the following:
(a) Businesses located and operating within business districts in some of this state's communities are economically disadvantaged, are underutilized, and are unable to attract customers due to inadequate facilities, services, and activities in the business districts.
(b) It is in the public interest to promote the economic revitalization and physical maintenance of business districts in order to create jobs, attract new businesses, and prevent the erosion of the business districts. (c) It is of particular local benefit to allow business districts to fund business related improvements, maintenance, and activities through the levy of assessments upon the businesses or real property that receive benefits from those improvements.
(d) Assessments levied for the purpose of conferring special benefit upon the real property or a specific benefit upon the businesses in a business district are not taxes for the general benefit of a city, even if property, businesses, or persons not assessed receive incidental or collateral effects that benefit them. (e) Property and business improvement districts formed throughout this state have conferred special benefits upon properties and businesses within their districts and have made those properties and businesses more useful by providing the following benefits:
(1) Crime reduction. A study by the Rand Corporation has confirmed a 12-percent reduction in the incidence of robbery and an 8-percent reduction in the total incidence of violent crimes within the 30 districts studied.
(2) Job creation.
(3) Business attraction.
(4) Business retention.
(5) Economic growth.
(6) New investments.
(f) With the dissolution of redevelopment agencies throughout the state, property and business improvement districts have become even more important tools with which communities can combat blight, promote economic opportunities, and create a clean and safe environment. (g) Since the enactment of this act, the people of California have adopted Proposition 218, which added Article XIII D to the Constitution in order to place certain requirements and restrictions on the formation of, and activities, expenditures, and assessments by property-based districts. Article XIII D of the Constitution provides that property-based districts may only levy assessments for special benefits. (h) The act amending this section is intended to provide the Legislature's guidance with regard to this act, its interaction with the provisions of Article XIII D of the Constitution, and the determination of special benefits in property-based districts.
(1) The lack of legislative guidance has resulted in uncertainty and inconsistent application of this act, which discourages the use of assessments to fund needed improvements, maintenance, and activities in property-based districts, contributing to blight and other underutilization of property.
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(2) Activities undertaken for the purpose of conferring special benefits upon property to be assessed inherently produce incidental or collateral effects that benefit property or persons not assessed.
Therefore, for special benefits to exist as a separate and distinct category from general benefits, the incidental or collateral effects of those special benefits are inherently part of those special benefits.
The mere fact that special benefits produce incidental or collateral effects that benefit property or persons not assessed does not convert any portion of those special benefits or their incidental or collateral effects into general benefits.
(3) It is of the utmost importance that property-based districts created under this act have clarity regarding restrictions on assessments they may levy and the proper determination of special benefits.
Legislative clarity with regard to this act will provide districts with clear instructions and courts with legislative intent regarding restrictions on property-based assessments, and the manner in which special benefits should be determined.
36602. Purpose of part
The purpose of this part is to supplement previously enacted provisions of law that authorize cities to levy assessments within property and business improvement districts, to ensure that those assessments conform to all constitutional requirements and are determined and assessed in accordance with the guidance set forth in this act. This part does not affect or limit any other provisions of law authorizing or providing for the furnishing of improvements or activities or the raising of revenue for these purposes.
36603. Preemption of authority or charter city to adopt ordinances levying assessments Nothing in this part is intended to preempt the authority of a charter city to adopt ordinances providing for a different method of levying assessments for similar or additional purposes from those set forth in this part. A property and business improvement district created pursuant to this part is expressly exempt from the provisions of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 (Division 4 (commencing with Section 2800)). 36603.5. Part prevails over conflicting provisions
Any provision of this part that conflicts with any other provision of law shall prevail over the other provision of law, as to districts created under this part.
36604. Severability
This part is intended to be construed liberally and, if any provision is held invalid, the remaining provisions shall remain in full force and effect. ,-\.ssessments levied under this part are not special taxes.
ARTICLE 2. Definitions
36606. "Activities"
"Activities" means, but is not limited to, all of the following that benefit businesses or real property in the district:
(a) Promotion of public events.
(b) Furnishing of music in any public place.
(c) Promotion of tourism within the district.
(d) Marketing and economic development, including retail retention and recruitment. (e) Providing security, sanitation, graffiti removal, street and sidewalk cleaning, and other municipal services supplemental to those normally provided by the municipality. (f) Other services provided for the purpose of conferring special benefit upon assessed real property or specific benefits upon assessed businesses located in the district. 36606.5. "Assessment"
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"Assessment" means a levy for the purpose of acquiring, constructing, installing, or maintaining improvements and providing activities that will provide certain benefits to properties or businesses located within a property and business improvement district.
~ "Business"
"Business" means all types of businesses and includes financial institutions and professions. 36608. "City"
"City" means a city, county, city and county, or an agency or entity created pursuant to Article 1 (commencing with Section 6500) of Chapter S of Division 7 of Title 1 of the Government Code, the public member agencies of which includes only cities, counties, or a city and county, or the State of California. 36609. "City council"
"City council" means the city council of a city or the board of supervisors of a county, or the agency, commission, or board created pursuant to a joint powers agreement and which is a city within the meaning of this part. 36609.4. "Clerk"
"Clerk" means the clerk of the legislative body.
36609.5. "General benefit"
"General benefit" means, for purposes of a property-based district, any benefit that is not a "special benefit'' as defined in Section 36615.5.
~ "Improvement"
"Improvement" means the acquisition, construction, installation, or maintenance of any tangible property with an estimated useful life of five years or more including, but not limited to, the following:
(a) Parking facilities.
(b) Benches, booths, kiosks, display cases, pedestrian shelters and signs. (c) Trash receptacles and public restrooms.
(cl) Lighting and heating facilities.
(e) Decorations.
(£) Parks.
(g) Fountains.
(h) Planting areas.
(i) Closing, opening, widening, or narrowing of existing streets.
G) Facilities or equipment, or both, to enhance security of persons and property within the district. (k) Ramps, sidewalks, plazas, and pedestrian malls.
0) Rehabilitation or removal of existing structures.
36611. "Management district plan"; "Plan"
"Management district plan" or "plan" means a proposal as defined in Section 36622. 36612. "Owners' association"
"Owners' association" means a private nonprofit entity that is under contract with a city to administer or implement improvements, maintenance, and activities specified in the management district plan. An owners' association may be an existing nonprofit entity or a newly formed nonprofit entity. An owners' association is a private entity and may not be considered a public entity for any purpose, nor may its board members or staff be considered to be public officials for any purpose. Notwithstanding this section, an owners' association shall comply with the Ralph M. Brown Act (Chapter 9 Los Banos Downtown PBID Management District Plan
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(commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code), at all times when matters within the subject matter of the district are heard, discussed, or deliberated, and with the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), for all records relating to activities of the district.
36614. "Property"
"Property" means real property situated within a district. 36614.5. "Property and business improvement district"; "District" "Property and business improvement district," or "district," means a property and business improvement district established pursuant to this part.
36614.6. "Property-based assessment"
''Property-based assessment" means any assessment made pursuant to this part upon real property 36614. 7. "Property-based district"
''Property-based district" means any district in which a city levies a property-based assessment. 36615. "Property owner"; "Business owner"; "Owner"
"Property owner" means any person shown as the owner of land on the last equalized assessment roll or otherwise known to be the owner of land by the city council. "Business owner" means any person recognized by the city as the owner of the business. "Owner'' means either a business owner or a property owner. The city council has no obligation to obtain other information as to the ownership of land or businesses, and its determination of ownership shall be final and conclusive for the purposes of this part. Wherever this part requires the signature of the property owner, the signature of the authorized agent of the property owner shall be sufficient. Wherever this part requires the signature of the business owner, the signature of the authorized agent of the business owner shall be sufficient. 36615.5. "Special benefit"
(a) "Special benefit" means, for purposes of a property-based district, a particular and distinct benefit over and above general benefits conferred on real property located in a district or to the public at large. Special benefit includes incidental or collateral effects that arise from the improvements, maintenance, or activities of property-based districts even if those incidental or collateral effects benefit property or persons not assessed. Special benefit excludes general enhancement of property value.
(b) "Special benefit" also includes, for purposes of a property-based district, a particular and distinct benefit provided directly to each assessed parcel within the district. Merely because parcels throughout an assessment district share the same special benefits does not make the benefits general. 36616. "Tenant"
"Tenant" means an occupant pursuant to a lease of commercial space or a dwelling unit, other than an owner.
ARTICLE 3. Prior Law
36617. Alternate method of financing certain improvements and activities; Effect on other provisions This part provides an alternative method of financing certain improvements and activities. The provisions of this part shall not affect or limit any other provisions of law authorizing or providing for the furnishing of improvements or activities or the raising of revenue for these purposes. Every improvement area established pursuant to the Parking and Los Banos Downtown PBID Management District Plan
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Business Improvement Area Law of 1989 (Part 6 (commencing with Section 36500) of this division) is valid and effective and is unaffected by this part.
CHAPTER 2. Establishment
36620. Establishment of property and business improvement district A property and business improvement district may be established as provided in this chapter. 36620.5. Requirement of consent of city council
A county may not form a district within the territorial jurisdiction of a city without the consent of the city council of that city.,-\ city may not form a district within the unincorporated territory of a county without the consent of the board of supervisors of that county. A city may not form a district within the territorial jurisdiction of another city without the consent of the city council of the other city.
36621. Initiation of proceedings; Petition of property or business owners in proposed district (a) Upon the submission of a written petition, signed by the property or business owners in the proposed district who will pay more than SO percent of the assessments proposed to be levied, the city council may initiate proceedings to form a district by the adoption of a resolution expressing its intention to form a district.
The amount of assessment attributable to property or a business owned by the same property or business owner that is in excess of 40 percent of the amount of all assessments proposed to be levied, shall not be included in determining whether the petition is signed by property or business owners who will pay more than SO percent of the total amount of assessments proposed to be levied. (b) The petition of property or business owners required under subdivision (a) shall include a summary of the management district plan. That summary shall include all of the following:
(1) A map showing the boundaries of the district.
(2) Information specifying where the complete management district plan can be obtained. (3) Information specifying that the complete management district plan shall be furnished upon request.
(c) The resolution of intention described in subdivision (a) shall contain all of the following:
(1) A brief description of the proposed improvements, maintenance, and activities, the amount of the proposed assessment, a statement as to whether the assessment will be levied on property or businesses within the district, a statement as to whether bonds will be issued, and a description of the exterior boundaries of the proposed district, which may be made by reference to any plan or map that is on file with the clerk. The descriptions and statements do not need to be detailed and shall be sufficient if they enable an owner to generally identify the nature and extent of the improvements, maintenance, and activities, and the location and extent of the proposed district. (2) A time and place for a public hearing on the establishment of the property and business improvement district and the levy of assessments, which shall be consistent with the requirements of Section 36623.
36622. Contents of management district plan
The management district plan shall include, but is not limited to, all of the following:
(a) If the assessment ,vill be levied on property, a map of the district in sufficient detail to locate each parcel of property and, if businesses are to be assessed, each business within the district. If the assessment will be levied on businesses, a map that identifies the district boundaries in sufficient detail to allow a business owner to reasonably determine whether a business is located within the district boundaries. If the assessment will be levied on property and businesses, a map of the district in sufficient detail to locate each parcel of property and to allow a business owner to reasonably determine whether a business is located within the district boundaries. (b) The name of the proposed district.
(c) A description of the boundaries of the district, including the boundaries of benefit zones, proposed for establishment or extension in a manner sufficient to identify the affected property and businesses included, which may be made by reference to any plan or map that is on file with the clerk. The boundaries of a Los Banos Downtown PBID Management District Plan
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proposed property assessment district shall not overlap with the boundaries of another existing property assessment district created pursuant to this part. This part does not prohibit the boundaries of a district created pursuant to this part to overlap with other assessment districts established pursuant to other provisions of law, including, but not limited to, the Parking and Business Improvement Area Law of 1989 (Part 6 (commencing with Section 36500)). This part does not prohibit the boundaries of a business assessment district created pursuant to this part to overlap with another business assessment district created pursuant to this part. This part does not prohibit the boundaries of a business assessment district created pursuant to this part to overlap with a property assessment district created pursuant to this part. (d) The improvements, maintenance, and activities proposed for each year of operation of the district and the estimated cost thereof. If the improvements, maintenance, and activities proposed for each year of operation are the same, a description of the first year's proposed improvements, maintenance, and activities and a statement that the same in1provements, maintenance, and activities are proposed for subsequent years shall satisfy the requirements of this subdivision.
(e) The total annual amount proposed to be expended for in1provements, maintenance, or activities, and debt service in each year of operation of the district. If the assessment is levied on businesses, this amount may be estimated based upon the assessment rate. If the total annual amount proposed to be expended in each year of operation of the district is not significantly different, ilie amount proposed to be expended in ilie initial year and a statement that a similar amount applies to subsequent years shall satisfy the requirements of this subdivision.
(f) The proposed source or sources of financing, including the proposed meiliod and basis of levying the assessment in sufficient detail to allow each property or business owner to calculate the amount of the assessment to be levied against their property or business. The plan also shall state whether bonds will be issued to finance improvements.
(g) The time and manner of collecting the assessments.
(h) The specific number of years in which assessments will be levied. In a new district, the maximum number of years shall be five. Upon renewal, a district shall have a term not to exceed 10 years. Notwithstanding these limitations, a district created pursuant to this part to finance capital improvements with bonds may levy assessments until the maximum maturity of the bonds. The management district plan may set forili specific increases in assessments for each year of operation of ilie district. (i) The proposed time for implementation and completion of the management district plan.
G) Any proposed rules and regulations to be applicable to the district. (k)
(1) A list of the properties or businesses to be assessed, including the assessor's parcel numbers for properties to be assessed, and a statement of the method or methods by which the expenses of a district will be imposed upon benefited real property or businesses, in proportion to the benefit received by ilie property or business, to defray the cost thereof. (2) In a property-based district, the proportionate special benefit derived by each identified parcel shall be determined exclusively in relationship to the entirety of the capital cost of a public improvement, ilie maintenance and operation expenses of a public improvement, or the cost of the activities . .An assessment shall not be imposed on any parcel that exceeds the reasonable cost of the proportional special benefit conferred on that parcel. Only special benefits are assessable, and a property-based district shall separate the general benefits, if any, from the special benefits conferred on a parcel. Parcels within a property-based district iliat are owned or used by any city, public agency, the State of California, or ilie United States shall not be exempt from assessment unless the governmental entity can demonstrate by clear and convincing evidence that iliose publicly owned parcels in fact receive no special benefit. The value of any incidental, secondary, or collateral effects that arise from the improvements, maintenance, or activities of a property-based district and that benefit property or persons not assessed shall not be deducted from the entirety of the cost of any special benefit or affect the proportionate special benefit derived by each identified parcel. (3) In a property-based district, properties throughout the district may share the same special benefits.
In a district with boundaries that define which parcels are to receive improvements, maintenance, or activities over and above those services provided by the city, the improvements, maintenance, or activities iliemselves may constitute a special benefit. The city may impose assessments that are less ilian the proportional special benefit conferred, but shall not impose assessments iliat exceed the reasonable costs of the proportional special benefit conferred. Because one or more parcels pay less Los Banos Downtown PBID Management District Plan
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than the special benefit conferred does not necessarily mean that other parcels are assessed more than the reasonable cost of their special benefit.
0) In a property-based district, a detailed engineer's report prepared by a registered professional engineer certified by the State of California supporting all assessments contemplated by the management district plan. (m) Any other item or matter required to be incorporated therein by the city council. 36623. Procedure to levy assessment
(a) If a city council proposes to levy a new or increased property assessment, the notice and protest and hearing procedure shall comply with Section 53753 of the Government Code. (b) If a city council proposes to levy a new or increased business assessment, the notice and protest and hearing procedure shall comply with Section 54954.6 of the Government Code, except that notice shall be mailed to the owners of the businesses proposed to be assessed. A protest may be made orally or in writing by any interested person. Every written protest shall be filed with the clerk at or before the time fixed for the public hearing. The city council may waive any irregularity in the form or content of any written protest. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing. Each written protest shall contain a description of the business in which the person subscribing the protest is interested sufficient to identify the business and, if a person subscribing is not shown on the official records of the city as the owner of the business, the protest shall contain or be accompanied by written evidence that the person subscribing is the owner of the business or the authorized representative. A written protest that does not comply with this section shall not be counted in determining a majority protest. If written protests are received from the owners or authorized representatives of businesses in the proposed district that will pay 50 percent or more of the assessments proposed to be levied and protests are not withdrawn so as to reduce the protests to less than 50 percent, no further proceedings to levy the proposed assessment against such businesses, as contained in the resolution of intention, shall be taken for a period of one year from the date of the finding of a majority protest by the city council.
(c) If a city council proposes to conduct a single proceeding to levy both a new or increased property assessment and a new or increased business assessment, the notice and protest and hearing procedure for the property assessment shall comply with subdivision (a), and the notice and protest and hearing procedure for the business assessment shall comply with subdivision (b). If a majority protest is received from either the property or business owners, that respective portion of the assessment shall not be levied. The remaining portion of the assessment may be levied unless the improvement or other special benefit was proposed to be funded by assessing both property and business owners.
36624. Changes to proposed assessments
At the conclusion of the public hearing to establish the district, the city council may adopt, revise, change, reduce, or modify the proposed assessment or the type or types of improvements, maintenance, and activities to be funded with the revenues from the assessments. Proposed assessments may only be revised by reducing any or all of them. At the public hearing, the city council may only make changes in, to, or from the boundaries of the proposed property and business improvement district that will exclude territory that will not benefit from the proposed improvements, maintenance, and activities. Any modifications, revisions, reductions, or changes to the proposed assessment district shall be reflected in the notice and map recorded pursuant to Section 36627. 36625. Resolution of formation
(a) If the city council, following the public hearing, decides to establish a proposed property and business improvement district, the city council shall adopt a resolution of formation that shall include, but is not limited to, all of the following:
(1) A brief description of the proposed improvements, maintenance, and activities, the amount of the proposed assessment, a statement as to whether the assessment will be levied on property, businesses, or both within the district, a statement on whether bonds will be issued, and a description of the exterior boundaries of the proposed district, which may be made by reference to any plan or map that is on file with the clerk. The descriptions and statements need not be detailed and shall be sufficient if they enable an owner to generally identify the nature and extent of the improvements, maintenance, and activities and the location and extent of the proposed district.
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(2) The number, date of adoption, and title of the resolution of intention. (3) The time and place where the public heating was held concerning the establishment of the district. (4) A determination regarding any protests received. The city shall not establish the district or levy assessments if a majority protest was received.
(5) A statement that the properties, businesses, or properties and businesses in the district established by the resolution shall be subject to any amendments to this part. (6) A statement that the improvements, maintenance, and activities to be conferred on businesses and properties in the district will be funded by the levy of the assessments. The revenue from the levy of assessments within a district shall not be used to provide improvements, maintenance, or activities outside the district or for any purpose other than the purposes specified in the resolution of intention, as modified by the city council at the hearing concerning establishment of the district.
Notwithstanding the foregoing, improvements and activities that must be provided outside the district boundaries to create a special or specific benefit to the assessed parcels or businesses may be provided, but shall be limited to marketing or signage pointing to the district. (7) A finding that the property or businesses within the area of the property and business improvement district will be benefited by the improvements, maintenance, and activities funded by the proposed assessments, and, for a property-based district, that property within the district will receive a special benefit.
(8) In a property-based district, the total amount of all special benefits to be conferred on the properties within the property-based district.
(b) The adoption of the resolution of formation and, if required, recordation of the notice and map pursuant to Section 36627 shall constitute the levy of an assessment in each of the fiscal years referred to in the management district plan.
~ Notice and assessment diagram
Following adoption of the resolution establishing district assessments on properties pursuant to Section 36625, the clerk shall record a notice and an assessment diagram pursuant to Section 3114. No other provision of Division 4.5 (commencing with Section 3100) applies to an assessment district created pursuant to this part. 36628. Establishment of separate benefit zones within district; Categories of businesses The city council may establish one or more separate benefit zones within the district based upon the degree of benefit derived from the improvements or activities to be provided within the benefit zone and may impose a different assessment within each benefit zone. If the assessment is to be levied on businesses, the city council may also define categories of businesses based upon the degree of benefit that each will derive from the improvements or activities to be provided within the district and may impose a different assessment or rate of assessment on each category of business, or on each category of business within each zone.
36628.5. Assessments on businesses or property owners
The city council may levy assessments on businesses or on property owners, or a combination of the two, pursuant to this part. The city council shall structure the assessments in whatever manner it determines corresponds with the distribution of benefits from the proposed improvements, maintenance, and activities, provided that any property-based assessment conforms with the requirements set forth in paragraph (2) of subdivision (k) of Section 36622. 36629. Provisions and procedures applicable to benefit zones and business categories All provisions of this part applicable to the establishment, modification, or disestablishment of a property and business improvement district apply to the establishment, modification, or disestablishment of benefit zones or categories of business. The city council shall, to establish, modify, or disestablish a benefit zone or category of business, follow the procedure to establish, modify, or disestablish a property and business improvement district. 36630. Expiration of district; Creation of new district Los Banos Downtown PBID Management District Plan
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If a property and business improvement district expires due to the time limit set pursuant to subdivision (h) of Section 36622, a new management district plan may be created and the district may be renewed pursuant to this part.
CHAPTER 3. Assessments
36631. Time and manner of collection of assessments; Delinquent payments The collection of the assessments levied pursuant to this part shall be made at the time and in the manner set forth by the city council in the resolution levying the assessment. Assessments levied on real property may be collected at the same time and in the same manner as for the ad valorem property tax, and may provide for the same lien priority and penalties for delinquent payment. All delinquent payments for assessments levied pursuant to this part may be charged interest and penalties.
36632. Assessments to be based on estimated benefit; Classification of real property and businesses; Exclusion of residential and agricultural property
(a) The assessments levied on real property pursuant to this part shall be levied on the basis of the estimated benefit to the real property within the property and business improvement district. The city council may classify properties for purposes of determining the benefit to property of the improvements and activities provided pursuant to this part.
(b) Assessments levied on businesses pursuant to this part shall be levied on the basis of the estimated benefit to the businesses within the property and business improvement district. The city council may classify businesses for purposes of determining the benefit to the businesses of the improvements and activities provided pursuant to this part.
(c) Properties zoned solely for residential use, or that are zoned for agricultural use, are conclusively presumed not to benefit from the improvements and service funded through these assessments, and shall not be subject to any assessment pursuant to this part.
36633. Time for contesting validity of assessment
The validity of an assessment levied under this part shall not be contested in an action or proceeding unless the action or proceeding is commenced within 30 days after the resolution levying the assessment is adopted pursuant to Section 36625. An appeal from a final judgment in an action or proceeding shall be perfected within 30 days after the entry of judgment.
36634. Service contracts authorized to establish levels of city services The city council may execute baseline service contracts that would establish levels of city services that would continue after a property and business improvement district has been formed. ~ Request to modify management district plan
The owners' association may, at any time, request that the city council modify the management district plan. Any modification of the management district plan shall be made pursuant to this chapter. 36636. Modification of plan by resolution after public hearing; Adoption of resolution of intention (a) Upon the written request of the owners' association, the city council may modify the management district plan after conducting one public hearing on the proposed modifications. The city council may modify the improvements and activities to be funded with the revenue derived from the levy of the assessments by adopting a resolution determining to make the modifications after holding a public hearing on the proposed modifications. If the modification includes the levy of a new or increased assessment, the city council shall comply with Section 36623. Notice of all other public hearings pursuant to this section shall comply with both of the following:
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(1) The resolution of intention shall be published in a newspaper of general circulation in the city once at least seven days before the public hearing.
(2) A complete copy of the resolution of intention shall be mailed by first class mail, at least 10 days before the public hearing, to each business owner or property owner affected by the proposed modification.
(b) The city council shall adopt a resolution of intention which states the proposed modification prior to the public hearing required by this section. The public hearing shall be held not more than 90 days after the adoption of the resolution of intention.
36637. Reflection of modification in notices recorded and maps ,-\ny subsequent modification of the resolution shall be reflected in subsequent notices and maps recorded pursuant to Division 4.5 (commencing with Section 3100), in a manner consistent with the provisions of Section 36627.
CHAPTER 3.5. Financing
36640. Bonds authorized; Procedure; Restriction on reduction or termination of assessments (a)The city council may, by resolution, determine and declare that bonds shall be issued to finance the estimated cost of some or all of the proposed improvements described in the resolution of formation adopted pursuant to Section 36625, if the resolution of formation adopted pursuant to that section provides for the issuance of bonds, under the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500)) or in conjunction with Marks-Roos Local Bond Pooling Act of 1985 (Article 4 (commencing with Section 6584) of Chapter 5 of Division 7 of Title 1 of the Government Code). Either act, as the case may be, shall govern the proceedings relating to the issuance of bonds, although proceedings under the Bond Act of 1915 may be modified by the city council as necessary to accommodate assessments levied upon business pursuant to this part.
(b) The resolution adopted pursuant to subdivision (a) shall generally describe the proposed improvements specified in the resolution of formation adopted pursuant to Section 36625, set forth the estimated cost of those improvements, specify the number of annual installments and the fiscal years during which they are to be collected. The amount of debt service to retire the bonds shall not exceed the amount of revenue estimated to be raised from assessments over 30 years.
(c) Notwithstanding any other provision of this part, assessments levied to pay the principal and interest on any bond issued pursuant to this section shall not be reduced or terminated if doing so would interfere with the timely retirement of the debt.
CHAPTER 4. Governance
36650. Report by owners' association; Approval or modification by city council (a) The owners' association shall cause to be prepared a report for each fiscal year, except the first year, for which assessments are to be levied and collected to pay the costs of the improvements, maintenance, and activities described in the report. The owners' association's first report shall be due after the first year of operation of the district. The report may propose changes, including, but not limited to, the boundaries of the property and business improvement district or any benefit zones within the district, the basis and method of levying the assessments, and any changes in the classification of property, including any categories of business, if a classification is used.
(b) The report shall be filed with the clerk and shall refer to the property and business improvement district by name, specify the fiscal year to which the report applies, and, with respect to that fiscal year, shall contain all of the following information:
(1) Any proposed changes in the boundaries of the property and business improvement district or in any benefit zones or classification of property or businesses within the district. (2) The improvements, maintenance, and activities to be provided for that fiscal year. (3) An estimate of the cost of providing the improvements, maintenance, and activities for that fiscal year.
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(4) The method and basis oflevying the assessment in sufficient detail to allow each real property or business owner, as appropriate, to estimate the amount of the assessment to be levied against his or her property or business for that fiscal year.
(5) The estimated amount of any surplus or deficit revenues to be carried over from a previous fiscal year.
(6) The estimated amount of any contributions to be made from sources other than assessments levied pursuant to this part.
(c) The city council may approve the report as filed by the owners' association or may modify any particular contained in the report and approve it as modified. Any modification shall be made pursuant to Sections 36635 and 36636.
The city council shall not approve a change in the basis and method of levying assessments that would impair an authorized or executed contract to be paid from the revenues derived from the levy of assessments, including any commitment to pay principal and interest on any bonds issued on behalf of the district. 36651. Designation of owners' association to provide improvements, maintenance, and activities The management district plan may, but is not required to, state that an owners' association will provide the improvements, maintenance, and activities described in the management district plan. If the management district plan designates an owners' association, the city shall contract with the designated nonprofit corporation to provide services.
CHAPTER 5. Renewal
36660. Renewal of district; Transfer or refund of remaining revenues; District term limit (a) ;\ny district previously established whose term has expired, or will expire, may be renewed by following the procedures for establishment as provided in this chapter. (b) Upon renewal, any remaining revenues derived from the levy of assessments, or any revenues derived from the sale of assets acquired with the revenues, shall be transferred to the renewed district. If the renewed district includes additional parcels or businesses not included in the prior district, the remaining revenues shall be spent to benefit only the parcels or businesses in the prior district. If the renewed district does not include parcels or businesses included in the prior district, the remaining revenues attributable to these parcels shall be refunded to the owners of these parcels or businesses.
(c) Upon renewal, a district shall have a term not to exceed 10 years, or, if the district is authorized to issue bonds, until the maximum maturity of those bonds. There is no requirement that the boundaries, assessments, improvements, or activities of a renewed district be the same as the original or prior district.
CHAPTER 6. Disestablishment
36670. Circumstances permitting disestablishment of district; Procedure (a) .Any district established or extended pursuant to the provisions of this part, where there is no indebtedness, outstanding and unpaid, incurred to accomplish any of the purposes of the district, may be disestablished by resolution by the city council in either of the following circumstances:
(1) If the city council finds there has been misappropriation of funds, malfeasance, or a violation of law in connection with the management of the district, it shall notice a hearing on disestablishment. (2) During the operation of the district, there shall be a 30-day period each year in which assessees may request disestablishment of the district. The first such period shall begin one year after the date of establishment of the district and shall continue for 30 days. The next such 30-day period shall begin two years after the date of the establishment of the district. Each successive year of operation of the district shall have such a 30-day period. Upon the written petition of the owners or authorized representatives of real property or the owners or authorized representatives of businesses in the district who pay 50 percent or more of the assessments levied, the city council shall pass a resolution of intention to disestablish the district. The city council shall notice a hearing on disestablishment. (b) The city council shall adopt a resolution of intention to disestablish the district prior to the public hearing required by this section. The resolution shall state the reason for the disestablishment, shall state the time and place of the public hearing, and shall contain a proposal to dispose of any assets acquired with the revenues of Los Banos Downtown PBID Management District Plan
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the assessments levied within the property and business improvement district. The notice of the hearing on disestablishment required by this section shall be given by mail to the property owner of each parcel or to the owner of each business subject to assessment in the district, as appropriate. The city shall conduct the public hearing not less than 30 days after mailing the notice to the property or business owners. The public hearing shall be held not more than 60 days after the adoption of the resolution of intention. 36671. Refund of remaining revenues upon disestablishment or expiration without renewal of district; Calculation of refund; Use of outstanding revenue collected after disestablishment of district (a) Upon the disestablishment or expiration without renewal of a district, any remaining revenues, after all outstanding debts are paid, derived from the levy of assessments, or derived from the sale of assets acquired with the revenues, or from bond reserve or construction funds, shall be refunded to the owners of the property or businesses then located and operating within the district in which assessments were levied by applying the same method and basis that was used to calculate the assessments levied in the fiscal year in which the district is disestablished or expires. All outstanding assessment revenue collected after disestablishment shall be spent on improvements and activities specified in the management district plan. (b) If the disestablishment occurs before an assessment is levied for the fiscal year, the method and basis that was used to calculate the assessments levied in the immediate prior fiscal year shall be used to calculate the amount of any refund.
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APPENDIX 3 - MAP
Los Banos Downtown Property and Business Improvement District (LBDPBID) I I >
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- LBDPBID Boundaries
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