LOS Banos · 19/06/2013 · 141704 05/31/2013 County of Santa Clara AP 244.26 141705 05/31/2013 LN...

LOS Banos WWVJ.!osbanos.org

AGENDA

CITY COUNCIL MEETING

CITY HALL COUNCIL CHAMBERS 520 J Street

Los Banos, California

JUNE 19, 2013

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 . • • • . • • . . • . • • . . • •

Sf requiere asistencia especial para atender 0 partielpar en esla junta por favor lIame a la oticina de la Secretaria de /a eiudad 81 (209) 827-7000 a 10 menas de 48 horas previas de /ajunta.

La Guidad de Los Banos cump/e con la Acta de Americanos con Oeshabi/idad (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 Half, 520 J Street, Los Banos, California during normal business hours. In addition, such wn"tings and documents may be posted

on the City's website at www,Josbanos.orq. • • • • . • • • . • • . . • • •

Cua/quier escritura a los documentos proporcionaron a una mayoria del Ayuntamiento respecto a cua/quier articulo en este orden del dia sera hecho disponible para la

inspecci6n publica en la reuni6n y en la oficina de /a Secretaria de la ciudad en City Hall, 520 J Street, Los Banos, Califomia durante horas de oficina norma/es. Ademas, tales escrituras y los documentos

pueden ser anunciados en el website de la ciudad en w\A/w_losbanos.org.

1. CALL TO ORDER. 7:00 PM

2. PLEDGE OF ALLEGIANCE.

3. ROLL CALL: (City Council Members)

Faria _, Lewis __ , Silveira_, Stonegrove _, Villalta_

4. CONSIDERATION OF APPROVAL OF AGENDA.

5. 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.)

Los Banos City Council Agenda June 19, 2013 0f4

6. 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 #141679 - #141934 in the Amount of $557,086.57.

Recommendation: Approve the check register as submitted.

B. Minutes for the June 5, 2013 City Council Meeting.

Recommendation: Approve the minutes as submitted.

C. Block Party/Street Closure Request for Thursday, July 4, 2013 from 2:00 p.m. to 10:00 p.m., on the 100 Block of Driftwood Court.

Recommendation: Approve the block party/street closure request as submitted.

D. Block Party/Street Closure Request for Thursday, July 4, 2013 from 3:00 p.m. to 10:00 p.m., on the 500 Block of Sixth Street.

Recommendation: Approve the block party/street closure request as submitted.

E. City Council Resolution No. 5492 - Approving the Boundaries of the Targeted Employment Area and Authorizing the Submittal of an Application to the State of California Department of Housing and Community Development for the Designation of a Targeted Employment Area.

Recommendation: Adopt the resolution as submitted.

7. 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 the Appropriation Limitation for the 2013/2014 Fiscal Year (FY).

1) City Council Resolution No. 5493 - Setting the Tax Related Appropriation Limit in Compliance with Proposition 4 and Proposition 111 for the 2013/2014 FY.

Recommendation: Open the public hearing, receive public comment, close the public hearing and adopt the resolution as submitted.

B. Public Hearing - To Receive Public Comment and Consideration of the 2013/2014 Fiscal Year (FY) Budget.

1) City Council Resolution No. 5494 - Adopting the 2013/2014 FY Budget, Including Employee Salary Schedule (Division 4) and Personnel Benefits (Division 5) of Los Banos Policy & Procedures Manual.

Recommendation: Open the public hearing, receive public comment, close the public hearing and adopt the resolution as submitted.

Los Banos City Council Agenda June 19, 2013 0'4

C. Public Hearing - To Receive Public Comment and Consideration of Final Development Plan #2013-03 and Zone Change #2013-01 for Overland Courts, for the Development of Sixty-Nine (69) Senior Rentable Residential Units with a Community Building and Pool Located on the Northwest Corner of Overland Avenue and Rockport Drive, Assessor's Parcel Number (APN) 424-120-016.

1) Ordinance No. 1109 - Amending the Official Zoning Map by Rezoning One (1) Parcel Generally Located at the Northwest Corner of Overland Avenue and Rockport Drive from Highway Commercial (H-C) to Medium Density Residential (R-2). (Second Reading & Adoption)

2) City Council Resolution No. 5490 - Approving Final Development Plan 2013-03 for Senior Affordable Rental Units at the Corner of Overland Avenue and Rockport Drive, APN 424-120-016.

3) City Council Resolution No. 5491 - Authorizing Submittal of an Application to the California State Department of Housing and Community Development for Funding Under the HOME Investment Partnerships Program not to Exceed $4,600,000; and if Selected, the Execution of a Standard Agreement, any Amendments thereto, and any Related Documents Necessary to Participate in the HOME Investment Partnerships Program.

Recommendation: Receive staff report, open public hearing, close the public hearing, waive the second reading, and adopt the ordinance; and adopt the resolutions as submitted.

D. Public Hearing - To Receive Public Comment and Consideration of Establishing an Application Fee for Cottage Food Operations.

1) City Council Resolution No. 5495 - Authorizing and Setting the Fee for the Issuance, Regulation, Monitoring and Administration of Cottage Food Operation Permits.

Recommendation: Receive staff report, open public hearing, close the public hearing and adopt the resolution as submitted.

E. Public Hearing - To Receive Public Comment Regarding the Edward Byrne Memorial Justice Assistance Grant (JAG).

Recommendation: Receive staff report, open public hearing and close the public hearing. No action taken, just an opportunity for public comment.

8. CONSIDERATION OF APPROVAL OF THE ADOPTION OF CITY COUNCIL RESOLUTION NO. 5496 - AUTHORIZING THE EXAMINATION OF SALES OR TRANSACTIONS AND USE TAX RECORDS.

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

Los Banos City Council Agenda - June 19, 2013 of4

9. CONSIDERATION OF APPROVAL OF THE ADOPTION OF ORDINANCE NO. 1110 - AMENDING TITLE 2. CHAPTER 3. ARTICLE 1 OF THE LOS BANOS MUNICIPAL CODE REGARDING OFFICERS AND EMPLOYEES - CITY MANAGER. (SECOND READING & ADOPTION)

Recommendation: Receive staff report, waive the second reading, and adopt the ordinance as submitted.

10. CONSIDERATION OF APPROVAL OF THE ADOPTION OF CITY COUNCIL RESOLUTION NO. 5497 - APPROVING AMENDMENT 01 TO CONTRACT NO. 2011099 BETWEEN MERCED COUNTY AND THE CITY OF LOS BANOS AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AMENDMENT TO INCLUDE COLLECTION SERVICES FOR ADMINISTRATIVE CITATIONS.

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

11. CONSIDERATION OF MOVING THE MEETING TIME FOR THE JULY 3.2013 REGULAR MEETING TO 5:00 P.M.

Recommendation: Direction from the City Council on how to proceed.

12. ADVISEMENT OF PUBLIC NOTICES. (Two Reports)

13. CITY MANAGER REPORT.

14. CITY COUNCIL MEMBER REPORTS.

A. Deborah Lewis

B. Scott Silveira

C. Elizabeth Stonegrove

D. Tom Faria

E. Mayor Michael Villa Ita

15. ADJOURNMENT.

I hereby certify under penalty of perjury under the laws of the State of California. that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting.

("")Ji II.N II ~.r. '" co J~a R. Sousa, Assistant City Clerk Dated this 131h day of June 2013

Los Banos City Council Agenda - June 19, 2013 of4

CK #141679- #141934 06/19/13 $557,086.57 Bank Reconciliation Checks By Date LOS Banos 06112/2013 - 10:44 AM

User: rSDuto

Cleared and Not Cleared Checks

Check No Check Date Name Comment ModuleVoid Clear Date Amount

141683 05/3112013 A & A Portables Inc AP 105.75 141684 05/3112013 Altec Industries Inc AP 846.31 141685 05/3112013 Arneripride Valley Unifonn Serv AP 582.00 141686 05/31/2013 Anthony Gomes Electric Service AP 87.50 141687 05/3112013 Aramark Unifonn Ser Inc AP 422.82 141688 05/31/2013 AT&T AP 360.45 141689 05/31/2013 AT&T AP 581.60 141690 05/3112013 Bank of America AP 161.67 141691 05/3112013 Bank of America AP 1.65 141692 05/3112013 Baker Supplies & Repair AP 36.72 141693 05/31/2013 Todd Baker AP 160.00 141694 05/31/2013 BSK AP 610.00 141695 05/3112013 Lizeth Barba AP 500.00 141696 05/31/2013 CWEA AP 511.00 141697 05/31/2013 California Dairies Inc AP 77.82 141698 05/3112013 Cal Traffic AP 1,576.46 141699 05/3112013 Hector Castillo AP 120.00 141700 05/31/2013 Carrot Top Industries Inc AP 578.95 141701 05/31/2013 Susan C. Coveno AP 90.00 141702 05/31/2013 Corneast AP 420.00 141703 05/3112013 Corneast AP 90.40 141704 05/31/2013 County of Santa Clara AP 244.26 141705 05/31/2013 LN Curtis & Sons AP 235.44 141706 05/31/2013 City of Los Banos ** AP 53.58 141707 05/31/2013 Custom Locksmith & Alann Inc. AP 381.52 141708 05/31/2013 Dell Marketing L P AP 1,387.89 141709 05/31/2013 Department o[Pub1ic Health AP 50.00 141710 05/3112013 Brian Elms AP 75.00 141711 05/3112013 Emergency Vehicle Specialists, AP 2,432.10 141712 05/31/2013 Mark Fachin AP 144.00 141713 05/3112013 Fastenal Company AP 2,020.53 141714 05/31/2013 Fast Track Car Wash AP 17.50 141715 05/3112013 Ferguson Enterprises Inc DBA AP 329.87 141716 05/31/2013 Frasier Imgation, Inc. AP 845.54 141717 05/31/2013 Abel Gomes Enterprise AP 360.00 141718 05/3112013 Grainger Parts Operations AP 225.82 141719 05/3112013 Helena Chemical Co Inc AP 902.34 141720 05/31/2013 Holt of California AP 346.32 141721 05/31/2013 Home Depot AP 2,123.94 141722 05/3112013 Inventive Resources, Inc. AP 135.00 141723 05/31/2013 Key Seal Products, Inc. AP 241.38 141724 05/3112013 Les Schwab Tire Centers of Cen AP 88.80 141725 05/3112013 Los Banos Express Oil & Lube AP 177.79 141726 05/3112013 Los Banos Volunteer AP 2,000.00 141727 05/3112013 Los Banos Ministries AP 587.50 141728 05/3112013 Los Banos Unified School Distr AP 166.17 141729 05/3112013 Steve Macillas AP 140.00 141730 05/3112013 Marfab Inc AP 145.00 141731 05/3112013 Matson Alann Co Inc AP 180.00 141732 05/3112013 Merced Sun Star AP 116.25

BR - Checks by Date (06112/2013 - 10:44 AM) Page

Check No Check Date Name Comment Module Void Clear Date Amount

141733 05/31/2013 Merced Truck &Trailer Inc AP 237.60

141734 05/3112013 Met Life AP 3,566.06

141735 05/31/2013 Napa Auto Parts AP 533.39

141736 05/3112013 Gerald "Ohie" O'Brien AP 77.14

141737 05/3112013 The Office City AP 142.23

141738 05/3112013 Owen Equipment Sales AP 580.23

141739 05/31/2013 O'Reilly Auto Parts AP 1,506.92

141740 05/3112013 Calpers - Health Benefits AP 226,120.73

141741 05/31/2013 PERS - Public Employees AP Void 104.49

141742 05/31/2013 The Phone Connection Inc AP 418.80

141743 05/3112013 Pinnacle Medical Group AP 95.00

141744 05/3112013 Premier Access Insurance Co. AP 12,715.84

141745 05/31/2013 Safe T Lite AP Void 0.00

141746 05/31/2013 Scott Savage AP 492.50

141747 05/3112013 Santos Ford Lincoln Mercury, I AP 504.37

141748 05/3112013 Save Mart Supennarkets AP 184.82

141749 05/3112013 Sherwin Wi11iams Co AP 324.00

141750 05/3112013 Snap On Tools AP 651.14

141751 05/3112013 Soares Lumber & Fence Inc AP 25.60

141752 05/3112013 Sol's Mobile Service AP 501.36

141753 05/3112013 Sorensens True Value AP 722.22

141754 05/3112013 Sharon Sparks AP 600.00

141755 05/3112013 Thomas Ochoa AP 3,299.69

141756 05/3112013 Triangle Rock Products AP 1,010.67

141757 05/3112013 U.S. Bank Equipment Finance AP 397.41

141758 05/3112013 Elegant Nail Salon AP 108.23

141759 05/31/2013 Maria & Gerardo Saille AP 29.17

141760 05/31/2013 Margie Terranova AP 46.27

141761 05/31/2013 Guadalupe Torres AP 33.26

141762 05/3112013 Westhill Property Mgmt AP 53.73

141763 05/31/2013 Home Sweet Home Property Mana AP 139.61

141764 05/3112013 Horne Sweet Home Property Mana AP 41.41

141765 05/3112013 Joy Mattathi1 AP 73.06

141766 05/3112013 Reginal & Maria Price AP 73.06

141767 05/31/2013 Fred and Linda Erickson AP 73.06

141768 05/3112013 Kenneth Miller AP 70.06

141769 05/3112013 Robert & Lisa Attn Walsh AP 73.76

141770 05/31/2013 Jon Tooper AP 87.82

141771 05/31/2013 Central Mortgage AP 36.04

141772 05/3112013 George and Cathy Toste AP 30.82

141773 05/3112013 George and Cathy Toste AP 73.06

141774 05/31/2013 Michael Dabaie AP 53.58

141775 05/3112013 Terry Gonzalez Diaz AP 1.36

141776 05/3112013 Robert and Kathy Fuentes AP 26.94

141777 05/31/2013 Home Sweet Home Property Mana AP 85.39

141778 05/31/2013 Kevork and Zepur Azarian AP 34.25

141779 05/3112013 Jesus Lozano AP 26.94

141780 05/31/2013 A.E.R.E. Investments Inc. AP 24.50

141781 05/31/2013 ThuyNgo AP 63.46

141782 05/3112013 Paramjit Kaur AP 26.94

141783 05/3112013 Mary Silva Family LLC AP 22.07

141784 05/31/2013 David Goossens AP 12.34

141785 05/31/2013 Rajpa1 Sangha AP 61.04

141786 05/31/2013 Ruben Gonzalez AP 95.13

141787 05/3112013 Vavrinek, Trine, Day & Co., LL AP 10,640.00

141788 05/3112013 Robert J Velaseo AP 665.00

141789 05/3112013 Law Offices of William A Vaugh AP 9,000.00

141790 05/31/2013 Verizon Wireless AP 884.75

141791 05/3112013 VSP - Vision Service Plan - (C AP 4,249.61

141792 05/31/2013 Westside Water Conditioning AP 80.85

141793 05/31/2013 Weststar Water Solutions AP 135.00

141794 05/31/2013 Jennifer Williams AP 1,327.50

BR - Checks by Date (06112/2013 - 10:44 AM) Page 2


141795 05/31/2013 Young's Air Conditioning AP 113.00

141796 05/31/2013 Young's Automotive AP 1,656.22

141797 05/31/2013 Emi Zako AP 80.00

141822 06/0412013 Aflac-Customer Service AP 171.24

141823 06/04/2013 Aflac-Customer Service AP 158.15

141824 06104/2013 Aflac-Customer Service AP 40.95

141825 06/04/2013 Aflac-Customer Service AP 118.99

141826 06/04/2013 Bank of America AP 92,442.08

141827 06104/2013 Bank of America AP 2,443.00

141828 06/04/2013 Bank of America AP 10,405.08

141829 06/04/2013 Hartford Life Ins Co AP 1,065.58

141830 06/04/2013 Hartford Life Ins Co AP 5,177.50

141831 06/04/2013 ICMA-RC Headquarters AP 955.00

141832 06/04/2013 In Shape Health Clubs Inc AP 448.00

141833 06104/2013 Los Banos Police Assn AP 2,204.00

141834 06/0412013 Nationwide Retiremt Solut AP 1,265.00

141835 06/04/2013 PERS Long Term Care AP 136.03

141836 06/04/2013 Professional Fire Fighter AP 630.00

141837 06/04/2013 State Disbursement Unit AP 2,336.50

141838 06/04/2013 Westamerica Bank - Cafeteria P AP 8,173.41

141839 06107/2013 A & A Portables Inc AP 108.38

141840 06/07/2013 ABS Direct, Inc. AP 1,259.87

141841 06/07/2013 Alert-O-Lite, Inc. AP 1,130.12

141842 06107/2013 Amcripride Valley Unifonn Serv AP 269.24

141843 06107/2013 Anthony Gomes Electric Service AP 578.19

141844 06/07/2013 Aramark Unifonn Ser Inc AP 705.55

141845 06/07/2013 AT&T AP 32.12

141846 06/07/2013 Black's Irrigation Systems, In AP 590.22

141847 06/07/2013 Borelli Real Estate Service AP 90.00

141848 06107/2013 BSK AP 400.00

141849 06107/2013 Calaveras Materials Inc AP 1,224.58

141850 06/07/2013 Jesse Ceja AP 30.00

141851 06107/2013 Corneast AP 2.07

141852 06107/2013 CPCA AP 600.00

141853 06/07/2013 City of Los Banos Escrow Accou AP 865.00

141854 06107/2013 Miriam Curiel AP 51.92

141855 06107/2013 Electrical Distributors Co. AP 85.51

141856 06/07/2013 Electric Drives Inc AP 78.76

141857 06/07/2013 Excalibur Elevator Inc AP 200.00

141858 06107/2013 F astenal Company AP 14.20

141859 06/07/2013 Ferguson Enterprises Inc DBA AP 924.20

141860 06/07/2013 Fresno Truck Wrecking AP 2,605.00

141861 06/07/2013 Galls Inc AP 78.44

141862 06/07/2013 Fernando Garcia AP 265.00

141863 06/07/2013 Abel Gomes Enterprise AP 343.00

141864 06107/2013 Greater Merced Chamber of Co nun AP 35.00

141865 06107/2013 Cristina C. Gutierrez AP 450.00

141866 06/07/2013 Helena Chemical Co Inc AP 195.48

141867 06/07/2013 Douglas Heyman AP 110.00

141868 06/07/2013 Jesus Huerta AP 350.00

141869 06/07/2013 The Iron Rod AP 472.38

141870 06/07/2013 WilJaim A. lmor AP 30.00

141871 06107/2013 J W Professional Janitor AP 4,636.00

141872 06107/2013 League of Calif Cities AP 60.00

141873 06/07/2013 Les Schwab Tire Centers of Cen AP 122.30

141874 06107/2013 Los Banos Express Oil & Lube AP 87.93

141875 06/0712013 Los Banos V ct Clinic AP 110.00

141876 06/07/2013 Marfab Inc AP 307.40

141877 06/07/2013 McNamara Sports Inc AP 686.46

141878 0610712013 Jose Melendrez Sr. AP 766.00

141879 0610712013 Merced County Assessor AP 25.50

141880 06/07/2013 Merced Sun Star AP 414.24



141881 06/07/2013 Merced Truck &Trailer Inc AP 976.90 141882 06107/2013 Merced Unifonn & Accessories AP 895.78 141883 06/0712013 Barney Meza AP 2,280.00 141884 06/07/2013 Modesto Janitorial Supply AP 135.00 141885 06/07/2013 Julio Cesar Medina AP 450.00 141886 06/07/2013 Cecilia Mendoza AP 600.00 141887 06/07/2013 Napa Auto Parts AP 39.19 141888 06/07/2013 OSE AP 405.80 141889 06107/2013 Pacific Coast Battery Service, AP 346.38 141890 06/07/2013 Evelyn Pereira AP 99.98 141891 06/07/2013 Progressive Business Publicati AP 299.00 141892 06/07/2013 Purchase Power Inc AP 4,000.00 141893 06107/2013 Reds Roofing Company AP 90.00 141894 06/07/2013 Ronny's Landscaping AP 36,923.50 141895 06/07/2013 Ronny's Landscaping AP 13,529.48 141896 06107/2013 Santos Ford Lincoln Mercury, J AP 101.95 141897 06/07/2013 Save Mart Supennarkets AP 94.10 141898 06/07/2013 Shadow Peak Inc. AP 2,335.50 141899 06/07/2013 Sherwin Williams Co AP 498.88 141900 06107/2013 Sierra Chemical Co AP 2,359.14 141901 06/07/2013 Sorensens True Value AP 1,046.50 141902 06/07/2013 BSN Sports, Inc AP 743.65 141903 06/07/2013 Thomas Ochoa AP 271.40 141904 06/07/2013 The Lew Edwards Group AP 17,250.00 141905 06107/2013 Toscano RV Center AP 6.17 141906 06/07/2013 Triangle Rock Products AP 796.38 141907 06/07/2013 Prudential California Realty 0 AP 74.04 141908 06107/2013 Pablo Buenrostro AP 26.94 141909 06107/2013 Mary Sue Palenno AP 17.20 141910 06/07/2013 Abdel Rehman Sammakieh AP 31.96 141911 06/07/2013 Westhill Real Estate AP 49.69 141912 06/07/2013 Blossom Valley Realty, JR Souz AP 73.21 141913 06107/2013 Home Sweet Home Property Mana AP 44.00 141914 06/07/2013 Merced Homes Realty AP 80.52 141915 06/07/2013 Natalia and Jose Mariscal AP 39.12 141916 06/0712013 A.E.R.E. Investments Inc. AP 19.63 141917 06107/2013 A.E.R.E. Investments Inc. AP 19.63 141918 06/07/2013 Santos Rivera AP 2.59 141919 06/07/2013 Luneida & Robert Teicheira AP 71.60 141920 06/07/2013 Sloan Realty - Richard Angel AP 80.52 141921 06107/2013 Penik Tascian AP 26.39 141922 06/07/2013 Golden Foot Spa AP 4.31 141923 06/07/2013 Melissa Arzate AP 39.12 141924 0610712013 David Kim AP 53.73 141925 06107/2013 Bill and Kathy Napoli AP 17.20 141926 06/07/2013 Ronald and Nadia Ajluni AP 36.68 141927 06/07/2013 Kourosh Sarkhosh AP 42.38 141928 06/07/2013 Donghong Zhang AP 63.47 141929 06/07/2013 Law Offices of William A Vaugh AP 2,280.00 141930 06/07/2013 VFW & Legion AP 530.97 141931 06/07/2013 Windecker Inc AP 1,367.00 141932 06107/2013 Youngts Air Conditioning AP 5,653.86 141933 06107/2013 Youngts Automotive AP 988.90 141934 06/07/2013 Zoom Imaging Solutions, Inc. AP 26.01


Check No Check Date Name

Break in Check Sequence due to the following Check # 141679-141682 payroll checks) Check # 141798-141821 (payroll checks)

BR - Checks by Date (06/12/2013 - 10:44 AM)

Comment Module Void Clear Date

Total for Valid Checks:

Total Valid Checks: Total Void Checks:

Total Checks:

Page

Amount

557,086,57

226 2

228

5

CITY OF LOS BANOS CITY COUNCIL MEETING MINUTES

JUNE 5, 2013

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

CALL TO ORDER: Mayor Villa Ita called the City Council Meeting to order at the hour of 7:01 p.m.

PLEDGE OF ALLEGIANCE: The pledge of allegiance was led by Police Chief Brizzee.

ROLL CALL - MEMBERS OF THE CITY COUNCIL PRESENT: Council Members Tom Faria, Deborah Lewis, Scott Silveira, Elizabeth Stonegrove, Mayor Michael Villalta; Absent: None.

STAFF MEMBERS PRESENT: City Attorney Vaughn, City Clerk/Administrative Services Director Mallonee, City Treasurer/Accountant II Brazil, City Manager Carrigan, Police Chief Brizzee, Fire Chief Guintini, Community Development Director Fitzgerald, Public Works Director/City Engineer Fachin, Inforrnation Technology Director Spalding, Accounting & Budget Supervisor Williams, Police Chief Brizzee.

CONSIDERATION OF APPROVAL OF AGENDA: Motion by Silveira, seconded by Stonegrove to approve the agenda as submitted. The motion carried by the affirmative action of all City Council Members present.

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. ANN McCAULEY, Los Banos, spoke regarding how she and her husband attended the drive thru dinner fundraiser for the Los Banos Chamber of Commerce fireworks, the need to support this great event, Memorial Day ceremonies held at the local cemeteries and how the Veterans of Foreign Wars were involved, how she would like to see more community participation in the events, the need to spread the word on why we honor this day, encouraged the community to attend the movie night in the park on Friday, June 21, 2013 at 9:00 p.m. at Henry Miller Plaza, and spoke of how there may be a chance that we will get another movie night this summer; CASSANDRA HELM RICK, Los Banos Chamber of Commerce, thanked all who participated in the drive thru fund raiser for the fireworks show and thanked all the school teachers for the wonderful year of education; BILL KNOFF, Los Banos, spoke regarding the Tea Party Meeting June 6, 2013 at 7:00 p.m. with the topic to be Agenda 21, how it affects our rural areas, and explained what it is all about; KENNY McDONALD, Los Banos, spoke regarding

how he is opening up a barbershop on Pacheco Boulevard, how he would like to give out ten free haircuts each month to the community, and how he worked at Pete's Barbershop for several months before they relocated. No one else came forward to speak and the public forum was closed.

CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Council Member Silveira asked to remove Item 6C - Authorization to Extend Vavrinek, Trine, Day & Co., LLP (VTD) Agreement to Provide Financial Services and Support through June 30, 2014 to be considered separately.

Motion by Lewis, seconded by Silveira to approve the consent agenda as amended: Check Register for #141345 - #141678 in the Amount of $3,392,605.41; Minutes for the April 17, 2013 City Council Meeting, May 15, 2013 City Council Meeting, May 21,2013 Adjourned City Council Meeting, May 28, 2013 Adjourned City Council Meeting; Authorization to E>aend '1avrinek, Trine, Day & Co., bbP ('ITO) /'-greernent to Provide FinanGial ServiGes and Support through June aO, 2014; Measure P Oversight Committee Report; City Council Resolution No. 5487 - Adopting a Revised Budget for the 2012/2013 Fiscal Year as it Pertains to Revenues and Expenditures for the Building and Planning Departments. The motion carried by the affinmative action of all City Council Members present.

AUTHORIZATION TO EXTEND VAVRINEK, TRINE, DAY & CO., LLP (VTD) AGREEMENT TO PROVIDE FINANCIAL SERVICES AND SUPPORT THROUGH JUNE 30, 2014. Council Member Silveira asked Accounting & Budget Supervisor Williams to present a brief staff report in which she did.

City Manager Carrigan spoke to how he would like to utilize VTD less and do more in house.

Council Member Silveira spoke to how City staff is well trained and the knowledge they have.

Mayor Villalta spoke of how the City has not hired a Chief Financial Officer since the position became vacant years ago.

Motion by Silveira, seconded by Faria to authorize the City Manager to execute the agreement with VTD to Provide Financial Services and Support through June 30, 2014. The motion carried by the affirmative action of all City Council Members present.

PUBLIC HEARING - TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF REVISIONS TO THE LOS BANOS ZONING ORDINANCE AMENDING TITLE 9, CHAPTER 3, SECTION 9-3.201 AND ADDING ARTICLE 39 TO THE LOS BANOS MUNICIPAL CODE RELATING TO COTTAGE FOOD OPERATION (CONTINUED FROM MAY 15, 2013); ORDINANCE NO. 1108 - AMENDING SECTIONS OF THE ZONING CODE OF THE LOS BANOS MUNICIPAL CODE RELATING TO COTTAGE FOOD OPERATIONS AMENDING TITLE 9, CHAPTER 3 (SECOND READING & ADOPTION). Community Development Director Fitzgerald presented the staff report.

Mayor Villalta opened the public hearing. No one came forward to speak and the public hearing was closed.

Motion by Stonegrove, seconded by Silveira to waive the second reading of Ordinance No. 1108 - Amending Sections of the Zoning Code of the Los Banos Municipal Code Relating to Cottage Food Operations Amending Title 9, Chapter 3. The motion carried by the affirmative action of all City Council Members present.

Motion by Stonegrove, seconded by Silveira to adopt Ordinance No. 1108 - Amending Sections of the Zoning Code of the Los Banos Municipal Code Relating to Cottage Food Operations Amending Title 9, Chapter 3. The motion carried by the following roll call vote: AYES: Faria, Lewis, Silveira, Stonegrove, Villalta; NOES: None; ABSENT: None.

PUBLIC HEARING - TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF THE LEVY OF THE PROPOSED ANNUAL ASSESSMENT FOR THE 2013/2014 FISCAL YEAR FOR LANDSCAPING AND LIGHTING DISTRICT NOS. 1-7 AND 9-19; CITY COUNCIL RESOLUTION NO. 5488 - CONFIRMING DIAGRAM AND ASSESSMENT AND LEVYING ASSESSMENTS FOR ASSESSMENT DISTRICT NOS. 1-7 AND 9-19 FOR THE 2013/2014 FISCAL YEAR. Public Works Director/City Engineer Fachin presented the staff report.

Mayor Villalta opened the public hearing. No one came forward to speak and the public forum was closed.

Mayor Pro Tem Stonegrove inquired as to why District No. 11 was increasing by 5%.

Public Works Director/City Engineer Fachin responded that it was due to the limitation that was approved between the developer and City Council at the time the agreement was approved in 1999/2000.

Council Member Faria spoke of how we are having to compensate for mistakes that were made when development agreements were approved, the need to make sure this doesn't happen again and to do them right in the first place, the great job our Public Works staff does, and how we are doing more with less.

Motion by Stonegrove, seconded by Lewis to adopt City Council Resolution No. 5488 -Confirming Diagram and Assessment and Levying Assessments for Assessment District Nos. 1-7 and 9-19 for the 2013/2014 Fiscal Year. The motion carried by the affirmative action of all City Council Members present.

PUBLIC HEARING - TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF FINAL DEVELOPMENT PLAN #2013-03 AND ZONE CHANGE #2013-01 FOR OVERLAND COURTS. FOR THE DEVELOPMENT OF SIXTY-NINE (69) SENIOR RENTABLE RESIDENTIAL UNITS WITH A COMMUNITY BUILDING AND POOL LOCATED ON THE NORTHWEST CORNER OF OVERLAND AVENUE AND ROCKPORT DRIVE. ASSESSOR'S PARCEL NUMBER (APN) 424-120-016; CITY COUNCIL RESOLUTION NO. 5489 - CERTIFYING THE NEGATIVE DECLARATION

FOR OVERLAND COURTS LOCATED AT THE NORTHWEST CORNER OF OVERLAND AVENUE AND ROCKPORT DRIVE; ORDINANCE NO. 1109 -AMENDING THE OFFICIAL ZONING MAP BY REZONING ONE (1) PARCEL GENERALLY LOCATED AT THE NORTHWEST CORNER OF OVERLAND AVENUE AND ROCKPORT DRIVE FROM HIGHWAY COMMERCIAL (H-C) TO MEDIUM DENSITY RESIDENTIAL (R-2l. (FIRST READING & INTRODUCTION); CITY COUNCIL RESOLUTION NO. 5490 - APPROVING FINAL DEVELOPMENT PLAN 2013-03 FOR SENIOR AFFORDABLE RENTAL UNITS AT THE CORNER OF OVERLAND AVENUE AND ROCKPORT DRIVE, APN 424-120-016; CITY COUNCIL RESOLUTION NO. 5491 - AUTHORIZING SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR FUNDING UNDER THE HOME INVESTMENT PARTNERSHIPS PROGRAM NOT TO EXCEED $4,600,000; AND IF SELECTED, THE EXECUTION OF A STANDARD AGREEMENT, ANY AMENDMENTS THERETO, AND ANY RELATED DOCUMENTS NECESSARY TO PARTICIPATE IN THE HOME INVESTMENT PARTNERSHIPS PROGRAM. Community Development Director Fitzgerald presented the staff report.

City Manager Carrigan inquired if residents in the area of the project within a 300 foot radius were notified and if there were any responses.

Community Development Director Fitzgerald responded that residents in the area were notified and the only opposition she received was a letter prior to the Planning Commission meeting that simply stated that they didn't want construction.

DAVIS SLAJCHERT, Willow Partners, spoke of how he is one of the managing partners of the developers for this project, how the financing application process will be very competitive, how he is happy to answer any questions, and how he is appreciative for the consideration of the much needed project.

There was discussion among Council Members, City Attorney, staff, and the developer regarding there being just one phase in the development, how the rental amount would vary from $400 to the high $500'5 per unit, there being 69 units including the manager's unit, occupancy rate, how they will bring in a third party property manager once development is complete, how the HOME funds work, concern that the City shouldn't be on the hook for anything, how the City will be one of the applicants for the loan but will not be liable to the loan, how the City would be responsible for reporting and ensuring it's done correctly, how the City would need to make an attempt to collect the debt if the applicant walked away, how the City does not have the obligation to take over this property, Willow Partners being the guarantor on all the loans, how the HOME program is a federal program designed to generate this type of housing, possibility of changing the zoning back to commercial if the loan doesn't go through, the landscape and lighting district fees already having been set by an existing district, masonry wall in the rear of the property and a wrought iron fence in the front of the property, onsite manager and maintenance person, Fire Department being satisfied with being able to respond to senior community calls for emergency services, how this serves a need in the community, being a long term investment with limited cash flow, a requirement being that the program remain low income for 55 years, possibility of adding a gated entrance

if crime issues mandate it, investors having an obligation to the 15 year federal tax credit program for this project and how that works, a deed restriction that has to be in place for 55 years regardless if the loan has been paid off, concerns regarding landscaping, how the City can only enforce by code the shade tree canopy requirements, and how this is being annexed into a healthy district.

City Attorney Vaughn spoke of how the security issue regarding the front entrance being gated if crime becomes a problem would coincide with City Council Resolution No. 5490 - Approving Final Development Plan 2013-03 for Senior Affordable Rental Units at the Corner of Overland Avenue and Rockport Drive, APN 424-120-016 which will be adopted at the next City Council meeting on June 19, 2013 with the adoption of Ordinance No. 1109 - Amending the Official Zoning Map by Rezoning One (1) Parcel Generally Located at the Northwest Corner of Overland Avenue and Rockport Drive from Highway Commercial (H-C) to Medium Density Residential (R-2).

Mayor Villalta opened the public hearing. KATHY BALLARD, Los Banos, spoke of her concern about whether or not the City will be reimbursed for work on this and inquired if there is a fee that will be paid to the City for administering this project; Mayor Villa Ita responded that there would be no charge to the City and how there is an amount of $100,000 that would be withheld for administrative fees; Community Development Director Fitzgerald explained in detail as to how the City would be reimbursed for administering the project. No one else came forward and the public hearing was closed.

Motion by Silveira, seconded by Faria to adopt City Council Resolution No. 5489 -Certifying the Negative Declaration for Overland Courts Located at the Northwest Corner of Overland Avenue and Rockport Drive. The motion carried by the affirmative action of all City Council Members present.

Motion by Faria, seconded by Silveira to waive the first reading of Ordinance No. 1109-Amending the Official Zoning Map by Rezoning One (1) Parcel Generally Located at the Northwest Corner of Overland Avenue and Rockport Drive from Highway Commercial (H-C) to Medium Density Residential (R-2). The motion carried by the affirmative action of all City Council Members present.

Motion by Faria, seconded by Silveira to introduce Ordinance No. 1109 - Amending the Official Zoning Map by Rezoning One (1) Parcel Generally Located at the Northwest Corner of Overland Avenue and Rockport Drive from Highway Commercial (H-C) to Medium Density Residential (R-2). The motion carried by the following roll call vote: AYES: Faria, Lewis, Silveira, Stonegrove, Villalta; NOES: None; ABSENT: None.

The following resolutions are being adopted after the second reading and adoption of Ordinance No. 1109: City Council Resolution No. 5490 - Approving Final Development Plan 2013-03 for Senior Affordable Rental Units at the Corner of Overland Avenue and Rockport Drive, APN 424-120-016; City Council Resolution No. 5491 - Authorizing Submittal of an Application to the California State Department of Housing and Community Development for Funding Under the HOME Investment Partnerships Program not to Exceed $4,600,000; and if Selected, the Execution of a Standard

Agreement, any Amendments thereto, and any Related Documents Necessary to Participate in the HOME Investment Partnerships Program.

Motion by Silveira, seconded by Faria to continue the consideration of the adoption of City Council Resolution No. 5490 - Approving Final Development Plan 2013-03 for Senior Affordable Rental Units at the Corner of Overland Avenue and Rockport Drive, APN 424-120-016 to the June 19, 2013 City Council Meeting. The motion carried by the affirmative action of all City Council Members present.

Motion by Silveira, seconded by Faria to continue the consideration of the adoption of City Council Resolution No. 5491 - Authorizing Submittal of an Application to the California State Department of Housing and Community Development for Funding Under the HOME Investment Partnerships Program not to Exceed $4,6000,000; and if Selected, the Execution of a Standard Agreement, any Amendments thereto, and any Related Documents Necessary to Participate in the HOME Investment Partnerships Program to the June 19, 2013 City Council Meeting. The motion carried by the affirmative action of all City Council Members present.

CONSIDERATION OF APPROVAL OF THE INTRODUCTION OF ORDINANCE NO. 1110 - AMENDING TITLE 2, CHAPTER 3. ARTICLE 1 OF THE LOS BANOS MUNICIPAL CODE REGARDING OFFICERS AND EMPLOYEES - CITY MANAGER. (FIRST READING & INTRODUCTION) City Attorney Vaughn presented the staff report, noting the changes being made to the ordinance.

Mayor Villa Ita spoke of how he is glad to see these changes being made.

Motion by Faria, seconded by Lewis, to waive the first reading of Ordinance No. 1110 -Amending title 2, Chapter 3, Article 1 of the Los Banos Municipal Code Regarding Officers and employees - City Manager. The motion carried by the affirmative action of all City Council Members present.

Motion by Faria, seconded by Lewis, to introduce Ordinance No. 1110 - Amending title 2, Chapter 3, Article 1 of the Los Banos Municipal Code Regarding Officers and employees - City Manager. The motion carried by the following roll call vote: AYES: Faria, Lewis, Silveira, Stonegrove, Villalta; NOES: None; ABSENT: None.

CONSIDERATION OF APPOINTMENT TO THE ECONOMIC DEVELOPMENT ADVISORY COMMITTEE (EDAC) - ONE (1) VACANCY, UNEXPIRED TERM ENDING DECEMBER 31. 2014.

Motion by Villalta, seconded by Faria to appoint Ann McCauley to the Economic Development Advisory Committee to fill an unexpired term ending December 31,2014. The motion carried by the affirmative action of all City Council Members present.

NOTICE AND ANNOUNCEMENT OF ONE (1) VACANCY ON THE PARKS & RECREATION COMMISSION. City Clerk Mallonee presented the staff report.

Motion by Villa Ita, seconded by Faria to direct staff to advertise the Parks & Recreation Commission vacancy one (1) time in Los Banos Enterprise, post on the City's website and Channel 96. The motion carried by the affirmative action of all City Council Members present.

DESIGNATION OF VOTING DELEGATE AND ALTERNATES FOR THE 2013 LEAGUE OF CALIFORNIA CITIES (LCC) ANNUAL CONFERENCE BEING HELD SEPTEMBER 18-20, 2013 IN SACRAMENTO.

Motion by Villa Ita, seconded by Silveira to designate Mayor Villa Ita as the voting delegate and Council Members Silveira and Lewis as alternate voting delegates. The motion carried by the affirmative action of all City Council Members present.

ADVISEMENT OF PUBLIC NOTICES. (ONE REPORT) Community Development Director Fitzgerald reported that a public hearing will be held by the Planning Commission on Wednesday, June 12, 2013 at 7:00 p.m. at City Hall in the Council Chambers to consider a Use Permit for an increase in maximum height for a free standing sign and the use of Type 20 alcohol license to permit the off-sale of beer and wine for Arco.

CITY MANAGER REPORT. City Manager Carrigan spoke to how he had the opportunity to meet and talk with Merced County District 5 Supervisor O'Banion regarding regional issues as well as meet with City of Merced City Manager John Bramble and Merced County Chief Executive Officer Jim Brown regarding other projects, how everyone is very supportive and wanting to come up with good solutions, how he attended the Memorial Day ceremony and the importance of spreading the word regarding this event, and how the Department of Finance informed us that the City now has a population over 37,000.

CITY COUNCIL MEMBER REPORTS.

TOM FARIA: Thanked all who came out to the Memorial Day ceremony, how Flag Day is coming up on June 14, 2013, and how the Elks usually put on a celebration for Flag Day in the Council Chambers on the Wednesday nearest the holiday.

DEBORAH LEWIS: Announced that the Merced County Fair will be held in Merced from Wednesday, June 12, 2013 through Sunday, June 16, 2013, how active duty servicemen who wear their uniforms will be let in free, festivities that are planned in relation to the fair, encouraged all to come out to the fair, thanked the public for coming out on Monday, May 27, 2013 to honor the fallen soldiers at the memorial service at the Los Banos Cemetery, encouraged more of the public to come out and honor those who service our country, thanked the girl scout troop who came out and cleaned the flower pots of the veteran memorial head stones, how she attended the Relay for Life event on June 1, 2013 at Pacheco High School on behalf of the Mayor to present the proclamation, her hopes that a cure for cancer will be found in this country, and reminded all about the tea party event regarding Agenda 21 on June 6, 2013 at 7:00 p.m. at St. John's Lutheran Church.

SCOTT SILVEIRA: Spoke of how he attended the Memorial Day service, encouraged all to take the opportunity with Flag Day coming up to drive down the Madison Avenue area and see all the flags that the veterans put up.

ELIZABETH STONEGROVE: Announced that the 4th annual graffiti cleanup day is scheduled for June 21, 2013 at 8:30 a.m. at the community center and encouraged all who would like to get involved to contact her.

MAYOR MICHAEL VILLAL TA: Spoke of the importance of community service, how Mayor Pro Tem Stonegrove has been instrumental in the abatement of graffiti, reminded all about movie night in the park on June 21, 2013 at 9:00 p.m. at Henry Miller Plaza, how the fireworks drive thru dinner was successful but funds are still needed to put on the minimal $21,000 show, how Memorial Day is a special day and how there were 15 people in Los Banos who gave their lives in war, how he would like to create a photo memorial of the individuals who lost their lives in war, encouraged the community to give him pictures of those individuals, spoke of how kids are now going to be out of school and asked that drivers to please be on the watch for them and encouraged all to slow down at intersections, how his dad had a minor accident and is okay, thanked the local emergency room, and spoke of the importance of maintaining our medical services in Los Banos.

CLOSED SESSION - CONFERENCE WITH LABOR NEGOTIATORS, PURSUANT TO GOVERNMENT CODE SECTION 54957.6, AGENCY DESIGNATED REPRESENTATIVES: CITY MANAGER CARRIGAN, CITY ATTORNEY VAUGHN, CITY CLERK/ADMINISTRATIVE SERVICES DIRECTOR MALLONEE, ACCOUNTING & BUDGET SUPERVISOR WILLIAMS, LEGAL COUNSEL TUFFO; EMPLOYEE ORGANIZATIONS: LOS BANOS POLICE OFFICERS ASSOCIATION (LBPOA), LOS BANOS POLICE SERGEANTS ASSOCIATION (LBPSA), LOS BANOS POLICE DISPATCHERS/COMMUNITY SERVICES OFFICERS ASSOCIATION (LBPDCSOA), LOS BANOS FIRE FIGHTERS ASSOCIATION (LBFFA). No reportable action.

ADJOURNMENT. The meeting was adjourned at the hour of 9:55 p.m.

APPROVED:

Michael Villa Ita, Mayor ATTEST:

Lucille L. Mallonee, City Clerk

rosBanos .uU n

Agenda Staff Report

TO: Mayor and City Council Members

FROM: ~ary Brizzee, Chief of Police

DATE: June 19,2013

SUBJECT: Street Closure Request - Block Party - 100 Block Driftwood Court

TYPE OF REPORT: Consent Agenda

Recommendation: Authorize street closure.

Background: Annually, citizens of Los Banos enjoy the opportunity to socialize with their neighbors through the means of a neighborhood block party. Such events inspire a sense of community in neighborhoods and promote a neighborhood watch concept. The Police Department supports the block party as a part of the Neighborhood Watch Program.

Discussion: A signed petition by all residents affected has been completed and turned in for the 100 Block of Driftwood Court, for Thursday, July 4, 2013, between the hours of 2:00 p.m. and 10:00 p.m. This block party is community oriented, and our support is recommended.

Fiscal Impact: No fiscal impact.

Reviewed By:

Steve Carrigan, City Manager

Petition for Street Closure on July 4th 2013

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LOS Banos Agenda Staff Report


FROM: ~ary Brizzee, Chief of Police

DATE: June 19, 2013

SUBJECT: Street Closure Request - Block Party - 500 Block Sixth Street


Recommendation: Authorize street closure.

Background: Annually, citizens of Los Banos enjoy the opportunity to socialize with their neighbors through the means of a neighborhood block party. Such events inspire a sense of community in neighborhoods and promote a neighborhood watch concept. The Police Department supports these block parties as a part of the Neighborhood Watch Program.

Discussion: A signed petition by all residents affected has been completed and turned in for the 500 Block of Sixth Street, for Thursday, July 4, 2013, between the hours of 3:00 p.m. and 10:00 p.m. This block party is community oriented, and our support is recommended.

Fiscal Impact: No fiscal impact.

Reviewed By:

~ Steve Carrigan, City Manager

May 28, 2013

TO WHOM II MAY CONCERN:

Time is approaching fast for 4th of July festativities. Once again we would like to petition the City Council of the City of Los Banos for pennission to close off the 500 Block of Sixth Street to the alley way between F Street and E Street for a 4th of July Block Party on the afternoon and running into the evening of July 4th, 20) 3. We understand w.e ar.e to keep the roadway .cl.ear for .emergency vehicles, no vehicular traffic during time street is to be closed, and that all participants obey all existing laws and ordinances.

Below are signatures of Sixth Street Resident~ _ / I

(J) A...{t.4-- U ver S

Thank you for your consideration.

~e1y, _ . / ~f~ B.eatrice Laguna U 5456th Street Los Banos, California 93635

(209) 826·0693

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TO:

FROM:

DATE:


Mayor Villalta & Council Members

paUI~gerald, AICP, Community Development Director

June 19, 2013

SUBJECT: Enterprise Zone Targeted Employment Area


Recommendation:

Staff recommends the City Council approve Resolution No. amending the Merced County Regional Enterprise Zone Targeted Employment Area (TEA).

Discussion:

The City of Los Banos is in a partnership with Merced County and the other cities on a state approved Enterprise Zone Program. In 2006 the City Council of the City of Los Banos took the necessary actions to support the application and provide the necessary approvals and authority to implement the program if awarded. The State of California granted a conditional approval in December of 2006 and final approval was awarded in 2009.

The Enterprise Zone Program is one of the few business incentive programs available in the State and is therefore an important tool. The program provides for relief or reduction in State tax liability for hiring qualified employees. Other benefits include a reduction in sales or use taxes on qualified equipment and in some cases, advantages to competitive bidding on state contracts. Many Los Banos businesses have benefitted from the program.

The Hiring Tax Credit is one of the most used benefits of the Enterprise Zone Program. A qualified employee could potentially provide in excess of $37,000 in State tax relief to the employer over five years. The City utilizes the services of the Merced County Department of Workforce Investment for all employee verification. As part of their services they issue the Hiring Voucher -- eligible employees. The TEA is one of several methods that an employer can qualify to get a hiring tax credit for their employee.

The following are methods used for employee verification:

• A person eligible to be a voluntary or mandatory participant in CalWorks • A person receiving or eligible to receive subsidized employment, training or

services funded by Workforce Investment Act (WIA) • A member of a targeted group as defined in the Federal Work Opportunity Tax

Credit (WOTC) • An economically disadvantaged individual 14 years of age or older • A qualified dislocated worker • A disabled individual eligible for, enrolled in, or who completed a state

rehabilitation program • A service connected disabled veteran • A veteran of the Vietnam era • A veteran who recently separated from military service (48 months prior to hire

date) • An ex-offender • A person eligible for or recipient of:

o Social Security Insurance (SSI) benefits o Temporary Assistance for Needy Families (TANF) o State and local general assistance

• A Native American • A resident of a TEA

On January 8, 2013, the California Department of Housing and Community Development (HCD) released updated Qualifying Census Tracts using census data from the United States Census Bureau's American Community Survey Five Year Averages. HCD revised their method of calculating the census tracts, by only utilizing the local median income rather than the previous method of utilizing the higher of either the State or local median income. By allowing only the use of local median income the number of qualifying census tracts in Merced County is reduced from forty-one (41) to twenty-five (25) (Exhibit A and Exhibit B).

The California Association of Enterprise Zones (CAEZ) has appealed HCD's determination however HCD has not amended their position. If the local zone does not adopt a new TEA then it will no longer be an available method for determining an employee for the hiring tax credit.

Fiscal Impact:

None

Reviewed by:

~~ Steve Carrigan, City Manager

Attachments:

1. Resolution No. 2. Exhibit A - New-=T=EA-=---3. Exhibit B - Existing TEA 4. Letter from HCD to CAEZ

RESOLUTION NO. __

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS BANOS APPROVING THE BOUNDARIES OF THE TARGETED EMPLOYMENT AREA AND AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE STATE OF CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR THE DESIGNATION OF A TARGETED EMPLOYMENT AREA

WHEREAS, pursuant to California Government Code Section 7072 (i)(4)(A), within 180 days of updated United States census data becoming available, each local government entity that has jurisdiction of an enterprise zone shall approve, by resolution or ordinance, boundaries of its Targeted Employment Area (TEA) reflecting the new census data; and

WHEREAS, the California Department of Housing and Community Development (HCD) issued Management Memorandum No. 12-03 requiring updates of TEAs selecting from HCD's list of Qualifying Census Tracts, in accordance with the relative statutes and using the United States Census Bureau's American Community Survey Five Year Averages; and

WHEREAS, the Application for the Targeted Employment Area, selecting from HCD's list of Qualifying Census Tracts referenced in Management Memo No. 12-03, is to consist of Census tracts 3.03,5.04,5.05,6.01,6.02,6.03,7.01,8.01,10.03,10.04, 10.05, 13.01, 13.02, 14.01, 14.02, 15.01, 15.02, 15.03, 16.01, 16.02, 17, 19.01, 21, 22.01, and 24.02 located in the Cities of Atwater, Dos Palos, Los Banos, Merced and parts of the unincorporated areas of Merced County; and

WHEREAS, these Census Tracts have at least 51 % of its residents at low-to moderate local income levels using the most recent American Community Survey's 5-Year Estimate; and .

WHEREAS, the boundaries of the proposed TEA encompasses the Census Tracts attached hereto and made a part thereof (Exhibit A).

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby approve the attached boundaries of the Targeted Employment Area.

BE IT FURTHER RESOLVED that the City Council of the City of Los Banos authorizes the submission of the Targeted Employment Area application to the Department of Housing and Community Development.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 19th day of June 2013, 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:

Michael Villa Ita, Mayor

ATTEST:


2

Legend

2010 Census Tracts

Merced County TEA

303

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Merced County TEA

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Merced County TEA

2000 CensuS Tracts

Merced County TEA N

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S

STATE OF CAl !EORN!A -BllSINESS TRANSPORTATION AND HOIJS.lNG..AG~.. _

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT OFFICE OF THE DIRECTOR 1800 Third Street. Room 450 Sacramento, CA 95811 W>NW_hcd.ca_90v (916) 445-4775 Fax (916) 324-5107

May 17, 2013

Mr. Craig Johnson, President California Association of Enterprise Zones 1415 L Street, Suite 430 Sacramento, CA 95814-3963

Dear Mr. Johnson:

EDMllND G BROWN ,IB Gmr.ernor

Thank you for your April 19, 2013 letter to the Department of Housing and Community Development (HCD) concerning your members' opinions relating to Enterprise Zone (EZ) Program guidelines, established to create Targeted Employment Areas (TEAs).

The statutes, upon which HCD bases the Program's regulations, both existing and newly proposed, are specific in defining eligible census tracts. The provision of Government Code Section 7072 states the following:

" ... "Targeted employment area" means an area within a city, county, or city and county that is composed solely of those census tracts designated by the United States Department of Housing and Urban Development as having at least 51 percent of its residents of low- or moderate-income levels, using either the most recent United States Department of Census data available at the time of the original enterprise zone application or the most recent census data available at the time the targeted employment area is designated to determine that eligibility ... "

The Department of Housing and Urban Development (HUD) defines low- and moderateincome for economic development purposes as up to 95 percent of Area Median Income (AMI). Following this definition, HCD created a list of census tracts in which 51 percent of the residents are at or below 95 percent of the AMI for EZ administrators to use to create TEAs. In addition, we found no reference in HUD materials to aliow the consideration of the State median income to determine the low- and moderate-income status of a local area. HCD is aware that this represents a change in how the statute was previously interpreted; however, we were advised that this is the only determination option.

HCD thanks you for your interest in the EZ Program and regulatory reforms, and appreciates the opportunity to share this information with you. We look forward to your continued cooperation as program improvements are pursued. Should you have further questions, please contact John Nunn, EZ Program Manager, at (916) 322-7555.

Sincerely,

Randall A. Deems Acting Director


TO: Mayor and Council Members

FROM: Finance Department

DATE: June 19,2013

SUBJECT: 2013-2014 Fiscal Year (FY) Appropriation Limitation

TYPE OF REPORT: Public Hearing

Recommendation:

The following actions are requested of Council to complete the process for this year:

• Action Item 1. Hold a Public Hearing concerning the Appropriation Limitation for the 2013-2014 FY.

• Action Item 2. Population and inflation options must be selected by a recorded vote of the City Council. This is a requirement of Proposition 111. For the inflation factor, Staff is requesting that Council select California Per Capita Personal Income. For the population factor, staff is requesting that Council select County Population.

• Action Item 3. Council adopt the attached resolution entitled "A Resolution of the City of Los Banos Setting the Tax Related Appropriation Limit in Compliance with Proposition 4 and Proposition 111 for fiscal year 2013-2014. This Resolution adopts for 2013-2014 FY: (a) the annual adjusting factors of California Per Capita Personal Income at 1.0512% and County Population at 1.0093%; and (b) the 2013-2014 FY Appropriation Limit of $65,893,579.

Background:

The Appropriation Limitation is ordinarily presented in the second meeting in June to be reviewed and enacted through a resolution to set the tax related appropriation limit to be in compliance with Proposition 4 and Proposition 111. Additionally, to meet compliance

guidelines, there must be a Public Hearing and the Appropriation Limitation needs to be incorporated into the City's Budget.

Discussion:

These actions will provide for the maximum 2013-2014 FY increase to the City's Appropriation Limit.

Fiscal Impact:

The Gann Appropriation Limit sets a spending limit for the amount that the City can legally tax the citizens of Los Banos. The fiscal impact of the Gann Appropriation limit would be the limitation of the City's ability to tax the citizens if it surpassed the $65,893,579 amount in taxes. The City is at 15.61 % of the proposed limitation.

Reviewed by:


Attachments:

Public Hearing Notice Resolution with Exhibit A (Gann Appropriation Limitation Calculation) Department of Finance Letter concerning price and population information

PUBLIC NOTICE Notice is hereby given that the City Council of the City Los Banos will

hold a public hearing for 2013-2014 City Budget and a public hearing for the 2013-2014 Appropriation

Limitation as follows: Date: June 19, 2013

Time: 7:00 p.m. Place: Council Chambers

City Hall 520 "J" Street

Los Banos, CA Questions regarding the above referenced

item may be directed to the Finance Department at City Hall

or (209) 827-7000. LB-147352 June 7, 2013

RESOLUTION NO. __ _

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS BANOS SETTING THE TAX RELATED APPROPRIATION LIMIT IN COMPLIANCE WITH PROPOSITION 4 AND 111 FOR 2013-2014 FISCAL YEAR

WHEREAS, there has been presented to the City Council of the City of Los Banos the Appropriation Limitation Analysis; and

WHEREAS, the City Council has selected the population and inflation factors used in the Appropriation Limitation Analysis; and

WHEREAS, a Public Hearing was duly held on June 19, 2013 providing an opportunity for City Council to review the Appropriation Limitation Analysis and to allow for public comment; and

WHEREAS, said Appropriation Analysis as presented has been reviewed, examined, and approved by the City Council of the City of Los Banos.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos that the annual adjusting factors of California Per Capita Personal Income at 1.0512% and County population at 1.0093% is hereby adopted; and

BE IT FURTHER RESOLVED that the City Council of the City of Los Banos that said Tax Related Appropriation Limit of $65,893,579 is hereby adopted by the City Council of the City of Los Banos, a copy of which is attached hereto as Exhibit "A".

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 19th day of June 2013, 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:

Mike Villa Ita, Mayor

ATTEST:


1

Exhibit A

City of Los Banos

GANN APPROPRIATION LIMITATION Fiscal Year 2013-2014

Appropriation Limit Calculation:

Fiscal Year 2012-2013 Allowable Increase

CA per Capita Income Non-Res. Construction

City Population County Population

2013-2014 Tax Related Appropriation Limit

1.0512 N/A

1.0078 1.0093

$65,286,415

1.0610

$65,893,579

City of Los Banos Tax Appropriation Limit - 10 Years FY City Population Limit

2013-2014 37,017 $65,893,579 2012-2013 36,546 $65,286,415 2011-2012 36,525 $62,570,841 2010-2011 36,421 $60,014,235 2009-2010 36,198 $60,990,076 2008-2009 36,052 $59,788,331 2007-2008 35,211 $55,725,912 2006-2007 34,223 $51,612,403 2005-2006 32,380 $47,233,828 2004-2005 32,310 $42,819,171

E.1"lT O~ .1.."'" ~ ... '\.

l ~ '" D o '" "" DEPARTMENT OF"

-o...,"fFDlf.tl\'" F" I NAN C E _--:====:-;;-==-:-:-==,.:E==D:::M=U:-;N=D~G::.. =8==R:;;O;W77N:."..;:~;;R=. -::",.,:-:=G:::::O:::V,:::E:.::R::N:,:O:,:R:: STATE CAPITOL. ROOM 1 145 • SACRAMENTO CA. 959 14-499B • WWW.COY.CA.GDV

OFFICE OF" THE DIRECTOR

May 2013

Dear Fiscal Officer:

Subject: Price and Population Information

Appropriations Limit The California Revenue and Taxation Code, section 2227, mandates the Department of Finance to transmit an estimate of the percentage change in population to local governments. Each local jurisdiction must use their percentage change in population factor for January 1,2013, in conjunction with a change in the cost of living, or price factor, to calculate their appropriations limit for fiscal year 2013-14. Attachment A provides the change in California's per capita personal income and an example for utilizing the price factor and population percentage change factor to calculate the 2013-14 appropriations limit. Attachment B provides city and unincorporated county population percentage change. Attachment C provides population percentage change for counties and their summed incorporated areas. The population percentage change data excludes federal and state institutionalized populations and military populations.

Population Percent Change for Special Districts Some special districts must establish an annual appropriations limit. Consult the Revenue and Taxation Code section 2228 for further information regarding the appropriations limit. Article XIII B, section 9(C), of the State Constitution exempts certain special districts from the appropriations limit calculation mandate. The Code and the California Constitution can be accessed at the following website: http://leginfo.legislature.ca.govifaces/codes.xhtmi.

Special districts required by law to calculate their appropriations limit must present the calculation as part of their annual audit. Any questions special districts have on this issue should be referred to their respective county for clarification, or to their legal representation, or to the law itself. No state agency reviews the local appropriations limits.

Population Certification The population certification program applies only to cities and counties. Revenue and Taxation Code section 11005.6 mandates Finance to automatically certify any population estimate that exceeds the current certified population with the State Controller's Office. Finance will certify the higher estimate to the State Controller by June 1, 2013.

Please Note: Prior year's city population estimates may be revised.

If you have any questions regarding this data, please contact the Demographic Research Unit at (916) 323-4086.

ANAJ.MATOSANTOS Director By:

MICHAEL COHEN Chief Deputy Director

Attachment

May 2013 Attachment A

A. Price Factor: Article XIII B specifies that local jurisdictions select their cost of living factor to compute their appropriation limit by a vote of their goveming body. The cost of living factor provided here is per capita personal income. If the percentage change in per capita personal income is selected, the percentage change to be used in setting the fiscal year 2013-14 appropriation limit is:

Per Capita Personal Income

Fiscal Year (FY)

Percentage change over prior year

2013-14 5.12

B. Following is an example using sample population change and the change in Califomia per capita personal income as growth factors in computing a 2013-14 appropriation limit.

2013-14:

Per Capita Cost of Living Change = 5.12 percent Population Change = 0.79 percent

Per Capita Cost of Living converted to a ratio:

Population converted to a ratio:

Calculation offactorfor FY 2013-14:

5.12 + 100 = 1.0512 100

0.79+100 =1.0079 100

1.0512 x 1.0079 = 1.0595

Fiscal Year 2013-14

Attachment B Annual Percent Change in Population Minus Exclusions'

January 1, 2012 to January 1, 2013 and Total Population, January 1, 2013

County

City

Merced

Atwater Dos Palos Gustine Livingston Los Banos Merced Unincorporated

County Total

Percent Change

2012·2013

0.76 0.72 0.88 0.81 0.78 1.09 0.94

0.93

I2!!L Population Minus Exclusions Population

1·1·12 1·1·13 1·1·2013

28,714 28,931 28,931 5,000 5,036 5,036 5,577 5,626 5,626

13,433 13.542 13,542 36,732 37,017 37,017 79,727 80,599 80,599 89,308 90,147 91,727

258,491 260,898 262,478

*Exclusions indude residents on federal military installations and group quarters residents in state mental institutions, state and federal correctional institutions and veteran homes.




DATE: June 19, 2013

SUBJECT: Adoption of the 2013-2014 Fiscal Year (FY) Budget


Recommendation: To complete the preparation of the City of Los Banos 2013-2014 FY Budget, the City Council is requested to take the following actions:

1. Conduct a noticed Public Hearing to solicit input on the Proposed Budget for 2013-2014 FY.

2. Adopt a resolution by the City Council, which approves the 2013-2014 FY Budget.

Background: The City of Los Banos adopts an Annual Budget prior to the beginning of the new fiscal year that starts on July 1 st. In preparation of the Budget adoption, the City has completed two Budget Study Sessions. These were held on May 21, 2013 and May 28, 2013. These sessions reviewed the next year's Proposed Budget for the City. Adoption of this proposed Resolution completes the 2013-2014 FY Budget process and authorizes a July 1, 2013 start date for the new Budget year as well as defines the employee salary schedule and personnel benefits.

Discussion: The following described exhibits are made part of this Resolution for adoption:

• Exhibit A: The Budget for the 2013-2014 FY- this sets forth by fund the estimated revenues, transfers in and out, and the proposed expenditures.

• Exhibit B: Salary Schedule (Policy & Procedures Manual - Division 4) -presents the 2013-2014 FY employee classifications, positions authorized, and salary ranges for full time employees.

• Exhibit C: Personnel Benefits (Policy & Procedures Manual - Division 5) -presents the 2013-2014 FY Personnel Benefits for full time employees.

In Exhibit A, the Adopted Budget for 2013-2014 FY, it should be highlighted that:

• General Fund beginning balance is estimated at $6.5M, ending at $6.2M, utilizing estimated revenues of $9.9M to pay for operational costs of $10.1M.

• City-wide revenues are estimated at $36.5M and City-wide expenditures are proposed at $46.7M, with a City-wide estimated ending balance of $27.7M.

• The major revenue factors include no new housing permits. It also represents a 1 % increase in property tax revenues and estimated sales tax to be a 2% increase from 2012-2013 FY.

• The major expenditure factors that have impacted the City's proposed budget include an increase in fuel costs, energy costs, personnel costs, health benefits, and insurance increases.

In Exhibit B, the 2013-2014 FY Salary Schedule includes the following changes:

• City staffing consists of 141 full time employees, excluding Council. • All salary step increases are frozen for 2013-2014 FY. • No Cost of Living Adjustment (COLA) for Miscellaneous Employees. City

is still negotiating with Firefighters, Police Officers, Community Service Officers, Dispatchers, and Police Sergeants.

• Removed from the Part Time Salary Schedule the Recreation Department heading, combining the positions with the Public Works department. Lead Referee and Referee positions were eliminated as these classifications are no longer used.

• Added to Part Time Salary Schedule under the Public Safety section a custodian position.

• Animal Control Officer II position was added to the full time Salary Schedule under the Public Safety section. This allows for one (1) position to be filled as either Animal Control Officer I or II, at the Police Chiefs discretion. This does not increase the number of personnel for Public Safety. The salary range for Animal Control Officer II is $3,304-$4,017.

Additionally, the budget contains the advance refunding of the 1997 Wastewater Revenue Certificates of Participation and the 2002 Water Revenue Certificates of Participation using cash in order to generate cost savings over the next 7 to 10 years. The present value interest savings of calling the bonds at this time is estimated to be approximately $1 ,725,000.

The 1997 Wastewater Revenue Certificates of Participation are serial certificates with annual maturities starting on December 1, 1998, in amounts from $115,000 to $210,000. These Certificates bear interest rates from 3.85% to 5.10% with a term

certificate at 5.00% in the amount of $1,820,000, maturing December 1, 2019. Interest payments are due in semi-annual installments. The City has pledged all future wastewater customer revenues to repay the Wastewater Revenue Bonds through 2020. The 1997 Wastewater Revenue Certificates of Participation's total principal remaining to be paid on the bonds is $2,030,000. Currently, the interest factor on these bonds will average close to 5.00% until maturity.

The 2002 Water Revenue Certificates of Participation are serial certificates with annual maturities starting on December 1, 2004, in amounts from $265,000 to $400,000. These Certificates bear interest rates from 2.10% to 4.50% with a term certificate at 5.00% in the amount of $2,830,000, maturing December 1, 2022. Interest payments are due in semi-annual installments. The 2002 Water Revenue Certificates of Participation's total principal remaining to be paid on the bonds is $4,665,000. Currently, the interest factor on these bonds will average close to 4.75% until maturity.

Fiscal Impact: The 2013-2014 FY Budget is fiscally responsible and takes important strides toward meeting the City's financial goals. It is important that the General Fund maintain its fund balance reserve. In the 2010-2011 FY, City Council adopted a Fund Balance Reserve Policy to maintain 30% of the General Fund operating expenditures in reserves for City operations. We anticipate being able to maintain existing services at their current level for the current and upcoming fiscal years.

Through the 2013-2014 FY, the City will be reviewing the Budget on a semi-annual basis. During the midyear budget review, the City will start on the next twelve (12) month plan to be implemented in the 2014-2015 FY.

The 2013-2014 FY Proposed Budget is available for review on the City's website www.losbanos.org and at City Hall.

Reviewed by:


Attachments: Memo dated June 19, 2013 Public Notice Resolution Exhibit A - Summary of Fund Balance Exhibit B - Salary Schedule Exhibit C - Personnel Benefits

LOS Banos

MEMORANDUM

TO: Mayor Villalta & City Council Members


DATE: June 19,2013

RE: Changes to FY 2013-2014 Proposed Budget

Since the budget workshop on May 28, 2013 there have been some changes to the fiscal year 2013-2014 proposed budget. Following is a list of those changes:

I. Increase of $66,500 to the projected pennit revenue for fiscal year 2012- 2013. 2. Increase of$4,000 to the projected zoning & planning revenue for fiscal year 2012-2013. 3. Increase of$26,588 to the projected building plan check fee revenue for fiscal year 2012-

2013. 4. Increase of $40,000 to the projected expenditures for line item 100-424-100-238 for

fiscal year 2012-2013. 5. Increase of the estimated ending general fund balance to $6,298,008 for fiscal year 2013-

2014 from $6,240,927 as previously presented. 6. Decrease of$51,655 to the projected gas tax revenue for fiscal year 2012-2013. 7. Increase of$1,360 to the projected expenditures for line item 212-410-100-203 for fiscal

year 2012-2013. 8. Increase of$6,905 to the projected expenditures for line item 212-410-100-752 for fiscal

year 2012-2013. 9. Decrease of $1 0,000 to the proposed expenditures for line item 243-422-100-740 for

fiscal year 2013-2014. 10. Decrease of $458,000 to the proposed expenditures for line item 243-422-100-750 for

fiscal year 2013-2014.

These changes have been incorporated into the proposed budget books for fiscal year 2013-2014.

PUBLIC NOTICE Notice is hereby given that the City Council of the City Los Banos will

hold a public hearing for 2013-2014 City Budget and a public hearing for the 2013-2014 Appropriation

Limitation as follows: Date: June 19, 2013

Time: 7:00 p.m. Place: Council Chambers

City Hall 520 "J" Street

Los Banos, CA Questions regarding the above referenced

item may be directed to the Finance Department at City Hall

or (209) 827-7000. LB-147352 June 7, 2013

RESOLUTION NO. ___ _

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS BANOS ADOPTING THE 2013-2014 FISCAL YEAR BUDGET, INCLUDING EMPLOYEE SALARY SCHEDULE & PERSONNEL BENEFITS

WHEREAS, there has been presented to the City Council of the City of Los Banos a Proposed Budget for the 2013-2014 Fiscal Year; and

WHEREAS, the Proposed Budget for the City of Los Banos has been reviewed by the City Council at the City of Los Banos Budget Study Sessions held May 21, 2013 and May 28,2013; and

WHEREAS, a Public Hearing was duly held on June 19, 2013 providing an opportunity for City Council to review the Proposed Budget and to allow for public comment; and

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Los Banos that the 2013-2014 Fiscal Year Budget, including Employee Salary Schedule & Personnel Benefits of the City's Policy and Procedures Manual as approved by the City Council, is hereby adopted; and

BE IT FURTHER RESOLVED that Exhibit A - Summary of Fund Balance, Exhibit B - Employee Salary Schedule, and Exhibit C - Personnel Benefits are attached and made a part of this resolution. Within each fund in Exhibit A, the estimated revenues presented are recognized, the Transfers In and Transfers Out are authorized, and the proposed expenditures are appropriated; and

BE IT FURTHER RESOLVED that the City Manager is hereby authorized to transfer, per occurrence, up to $100,000 in appropriations for the General Fund and $50,000 in appropriations for any other fund between accounts within other funds in Exhibit A as a budget adjustment to meet unforeseen events; and

BE IT FURTHER RESOLVED that the City Council of the City of Los Banos may adjust the overall appropriation levels in each fund at any time during the 2013-2014 Fiscal Year by action to amend this budget.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 19th day of June 2013, 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:

Mike Villalta, Mayor ATTEST:


City of Los Banos Exhibit A

Summary of Fund Balance 2013-2014

Estimated Estimated Beginning Proposed Transfer Transfer Proposed Ending

Fund Fund Balance* Revenues In Out Ex~enditures Balance

100 General Fund $6,528,408 $9,993,829 $44,384 $10,179,845 $6,298,008

S~ecial Revenue Funds 200 Movie Night $3,889 $0 $0 $3,889 202 Admin City Hall Service Charge $89,784 $1,230 $10,200 $80,814 204 Prevention Underage Drinking $7,057 $800 $2,000 $5,857 207 RSTP Exchange $1,444,545 $356,000 $51,764 $0 $1,748,781 212 PEG Franchise $65,056 $21,575 $0 $86,631 215 Gas Tax 2105 $613,901 $1,066,159 $1,081,378 $598,682 225 SB325 Transportation $138,569 $0 $92,525 $46,044 229 Regional Transportation Impact Fees $25,085 $0 $0 $25,085 230 Traffic Impact Fee $1,948,244 $71,000 $805,000 $1,214,244 232 Storm Drain Fee $6,170 $82,000 $0 $88,170 233 Lamoglia Traffic Impact $739,521 $0 $0 $739,521 234 Meadowlands Traffic Impact $127,320 $0 $0 $127,320 235 Asset Forfeiture $68,628 $2,000 $30,000 $40,628 236 Safety Aug. - Police $1,090,873 $923,850 $1,282,721 $732,002 237 SLESF COPS Program $44,181 $100,000 $136,569 $7,612 238 Safety Aug. - Fire $566,512 $922,850 $1,225,851 $263,511 239 JAG (Justice Assistant Grant) Program $0 $20,804 $20,804 $0 240 JAG Edward Byrne Grant $0 $1,905 $1,905 $0 241 JAG Edward Byrne Grant $0 $2,411 $2,411 $0 243 Fire Capital Improvement $1,148,722 $17,800 $575,000 $591,522 244 Community Center Fee $182,919 $1,900 $0 $184,819 245 Police Capital Improvement $1,324,396 $11,360 $139,000 $1,196,756 246 Traffic Safety $44,048 $35,184 $34,198 $45,034 247 Special Aviation $1,412 $0 $0 $1,412 248 Homeland Security Grant $6,224 $29,000 $29,000 $6,224 249 CMAGGrant $3,071 $1,125,389 $77,457 $1,202,846 $3,071 250 Los Banos Parks Dev Fees ($36,708) $0 $0 ($36,708) 251 Mission Village North Dev Fees $67,595 $0 $0 $67,595 252 Public Facilities $16,047 $185 $0 $16,232 253 Regency Park Estates $134,133 $0 $0 $134,133 255 Vineyard Park Dev Fees $15,602 $0 $0 $15,602 256 Meadowland Park Dev Fees $178,844 $0 $0 $178,844 257 Mission Village South Park Dev Fees $146,169 $0 $0 $146,169 258 Villages @ Stonecreek Park Dey Fees $85,223 $0 $0 $85,223 259 Orchard Terrace Park Dev Fees $5,361 $0 $0 $5,361 262 CDBG Program Income Micro Ent. $66,197 $21,030 $500 $86,727 271 Ranchwood Estates AD # I $161,448 $350,469 $377,453 $134,464 272 Cresthills AD #2 $156,852 $72,540 $71,746 $157,646 273 Los Banos Gardens AD #3 ($104,807) $97,786 $88,640 ($95,661) 274 Collage Green Estates AD #4 $118,219 $101,306 $93,018 $126,507 275 Orchard Terrace AD #5 $14,586 $49,566 $48,981 $15,171

City of Los Banos Exhibit A

Summary of Fund Balance 2013-2014

(Continued)

Estimated Estimated Beginning Proposed Transfer Transfer Proposed Ending

Fund # Fund Balance* Revenues In Out Ex~enditures Balance

Sl!ecial Revenue Funds !continuedl

276 St. Francis Estates AD #6 $33,538 $25,398 $25,174 $33,762 277 Valley Meadows & Bedford AD #7 ($9,515) $12,179 $9,159 ($6,495) 279 Jo-Lin & Rancho De Amigos AD #9 ($81,196) $104,888 $95,163 ($71,471) 280 LB Creek Shopping Center AD #10 ($5,729) $23,120 $20,324 ($2,933) 281 Meadowlands AD # 11 ($279,986) $160,525 $161,815 ($281,276) 282 VeronalMission Estates AD # 12 $76,931 $97,475 $97,443 $76,963 283 Somerset Park AD # 13 $7,321 $22,990 $21,748 $8,563 284 Northgate @ Regency Park AD #14 $116,999 $151,735 $178,897 $89,837 285 Magnolia Grove AD # 15 ($41,394) $7,726 $5,733 ($39,401) 286 Senior Homes Villages AD # 16 ($13,595) $9,024 $6,587 ($11,158) 287 Stonecreek Villages AD #17 ($205,199) $130,178 $128,907 ($203,928) 288 Rail Trail Corridor AD # 18 ($67,049) $97,649 $80,765 ($50,165) 289 Talbott Park Basin AD #19 ($89) $22,685 $23,150 ($554) 290 CFD 2002-01 Police $0 $363,614 $20,081 $383,695 $0 291 CFD 2002-01 Fire $44,159 $363,814 $24,303 $432,276 $0 292 CDBG Program Inc Housing Rehab $4,689 $0 $0 $4,689 294 NSP Program Income $300,432 $100,000 $300,000 $100,432 295 Repair & Demolition $14,790 $14,790

Cal!ital Project Funds

303 Traffic Mitigation-S.F. $143,266 $0 $0 $143,266 304 City Hall Impact Fee $388,629 $5,675 $0 $394,304 306 Corporation Yard Impact Fee $133,432 $2,775 $130,000 $6,207 324 Child Development Center ($903,695) $47,340 $23,262 ($879,617) 325 Los Banos Transpo Center ($5,463) $0 $0 ($5,463)

Business-Like Funds

501 Water $14,012,295 $5,393,000 $25,693 $11,220,092 $8,159,510 502 Wastewater $4,229,355 $4,829,155 $6,800,404 $2,258,106 505 Airport $88,379 $601,119 $558,093 $131,405 510 Solid Waste & Street Sweeping $2,433,179 $6,068,570 $5,972,907 $2,528,842

Internal Service Funds

601 Fleet Maintenance $55,883 $732,415 $784,223 $4,075 610 Information Technology $107,817 $361,836 $442,069 $27,584 656 Retiree's Medical Health $160,389 $1,344,236 $1,342,586 $162,039

TOTAL ALL FUNDS $37,981,869 $36,559,049 $121,841 $121,841 $46,776,063 $27,764,855

*Estimated Beginning Fund Balances are based on an accrual basis except for the Business type funds which are based on an available unrestricted cash basis.

EXHIBIT B

DIVISION 4

EMPLOYEE CLASSIFICATIONS & SALARY SCHEDULE

Sec. 401 INTRODUCTION

The purpose of this Division is to identify the employee classifications, positions authorized, and base monthly salary ranges as established by City Council Resolution.

Sec. 402 GENERAL COMMENTS

a. Merit / Performance Increases: Certain employee classifications provide for salary ranges of up to five (5) steps. Advancement from an employee's current salary to a higher step or portion thereof is based on overall job performance and is considered a Merit / Performance Increase. Employees are eligible for Merit / Performance increases only under the following conditions:

1) The employee has fulfilled the necessary time requirements for advancement to a higher salary step or portion thereof; and

2) The employee's overall job performance is considered, by the reviewing authority, to be satisfactory or higher.

b. Effective Date: Merit / Performance Increases become effective at the beginning of the first pay period (1 st or 16th of the month) immediately following the date of approval.

c. Compensation for Unspecified Part Time Employees: Part time employees shall be compensated at the hourly or monthly rate of the starting step of the job classification being filled; except for those part time positions specifically addressed in this Division who shall be compensated in the manner specified.

d. Supplemental Compensation: In addition to the base salary entitlement, certain employee classifications may also receive monthly or yearly compensation for educational or training accomplishments and/or while serving in a special assignment. The specific conditions and compensation amounts are set forth in Division 5 of this Manual.

e. Position Approved but Not Funded: When "0" appears under "Authorized", the position is approved but not funded. Such positions cannot be filled unless specific approval for funding is authorized by Council.

Salary 4-1

DIVISION 4 SALARY SCHEDULE (Approved June ,20131

SEC. 4003 REGULAR (FULL TIME) EMPLOYEE CLASSIFICATIONS

.( !,,;\{t~(,f;t'ij1(~iwm-iEl®i\I,~,;:~IDMINIS111AA1rJy~iSER*,el:lSiJ,i', '~'ii);\lii·;i.~~~ TOTAL POSITIONS AUTHORIZED (15)

EMPLOYEE CLASSIFICATION AUTHORIZED RANGE START STEP 1 STEP 2 STEP 3 City Manager (1 ) 10,937-13,671 • • • • Administrative Services Director (1 ) 6,904-8,631 • • • • Accounting & Budget Supervisor (1 ) • 5,635 5,916 6,212 6,523 Accountant (3) Accountant II • • 4,778 5,017 5,268 5,531 Accountant I • • 3,894 4,089 4,293 4,508 Assistant City Clerk/HR Technician (1 ) • 3,894 4,089 4,293 4,508 Accounts Payable Technician (1 ) • 3,204 3,364 3,532 3,709 Payroll Technician (1 ) • 2,994 3,144 3,301 3,466

Accounting Clerk (5) 1

Accounting Clerk II • • 2,852 2,994 3,144 3,301 Accounting Clerk I • • 2,346 2,463 2,586 2,716

Admin Clerk (1) 2

Admin Clerk II • • 2,852 2,994 3,144 3,301 Admin Clerk I • • 2,346 2,463 2,586 2,716

• Comment: Promotions to skill levels within the Accountant, Accounting Clerk, and Admin Clerk job classifications are made by the Administrative Services Director with concurrence of the City Manager.

1 Five (5) positions authorized, with one (1) position unfunded for fiscal year 2012~/201~ 2 Authorized but unfunded for fiscal year 2012~/201~

STEP 4 • •

6,849

5,808 4,733 4,733 3,894 3,639

3,466 2,851

3,466 2,851

EMPLOYEE CLASSIFICATION AUTHORIZED RANGE START ill.E.1 STEP 2 STEP 3 ~ Community Development Director (1) 9,274-11,593 • • • • • Planner (1 ) Associate Planner • • 4,778 5,017 5,268 5,531 5,808 Assistant Planner • • 3,894 4,089 4,293 4,508 4,733

Administrative Assistant (1) 3 • 3,144 3,301 3,466 3,640 3,822

• Comment: Promotions to skill levels within the Planner and Admin Clerk job classifications are made by the Community Development Director with concurrence of the City Manager.

3 Authorized but unfunded for fiscal year 2012~/201~

•. ;.;~;.;;.' ;~~;~.SE!¥i]I~I\I!Q;.g;Jl\!Fl@RMAlt~Q,!lI;ffigelilr1:li?~*\;{{A:f$i.!£' ;£jj~J.

EMPLOYEE CLASSIFICATION Information Technology Director Information Technology Technician

AUTHORIZED (1 ) (2)

TOTAL POSITIONS AUTHORIZED (3)

RANGE 6,904-8,631

•

Salary 4-2

START STEP 1 STEP 2 STEP 3 STEP 4 '" '" '" '" '" 3,657 3,839 4,031 4,233 4,444

SEC. 4003 Continued - REGULAR (FULL TIME) EMPLOYEE CLASSIFICATIONS

'(.··'·\(.7;!'1~t;;:VJ"ii~ij5;!1Il!(j)Nl[)~Jal!JBlfle!MlSRKs1i#Xt~;t~y ~0~j~it~~i~~~~1 TOTAL POSITIONS AUTHORIZED (49)

EMPLOYEE CLASSIFICATION AUTHORIZED RANGE START STEP 1 STEP 2 STEP 3 STEP 4 Public Works Director/City Engineer (1 ) 10,853-13,567 * * * * Assistant Public Works Director (1 ) * 7,396 7,766 8,155 8,562 Public Works Operations Manager (1 ) * 5,635 5,916 6,212 6,523 Parks & Rec Operations Manager (1 ) * 5,265 5,529 5,805 6,095 Office Manager (1 ) * 4,778 5,016 5,267 5,531 Supervisor (1 ) * 4,228 4,440 4,662 4,895 Fleet Supervisor (1 ) * 4,228 4,440 4,662 4,895 Water Quality Specialist (1 ) * 4,228 4,440 4,662 4,895 Foreman (4) * 4,047 4,249 4,462 4,685 Inspector I (1 ) * 3,854 4,047 4,249 4,462 Administrative Assistant (1 ) * 3,144 3,301 3,466 3,640 Recreation Coordinator II (1 ) * 2,969 3,118 3,274 3,437 Sweeper Operator I (2) • 2,715 2,851 2,994 3,144 Environmental Control/Utilities Maintenance (14) Environmental Control Specialist III • * 3,544 3,721 3,907 4,102 Environmental Control Specialist II * * 3,106 3,262 3,425 3,596 Environmental Control Specialist I • * 2,959 3,107 3,262 3,425 Environmental Control Specialist Trainee * * 2,817 2,958 3,106 3,261 Utilities Maintenance III * • 3,331 3,498 3,673 3,857 Utilities Maintenance II * * 3,028 3,180 3,339 3,506 Utilities Maintenance I * * 2,715 2,851 2,994 3,144

Maintenance (16) 4

Maintenance Worker III * * 3,331 3,498 3,673 3,857 Maintenance Worker II * * 3,028 3,180 3,339 3,506 Maintenance Worker I * * 2,715 2,851 2,994 3,144 Maintenance Worker Trainee * * 2,185 2,295 2,409 2,530

Admin Clerk (2)5

Admin Clerk II * * 2,852 2,994 3,144 3,301 Admin Clerk I * * 2,346 2,463 2,586 2,716

* Comment: Promotions to skill levels (Trainee, I, II, III) within the Envrironmental Control SpeCialist, Utilities Maintenance, Maintenance Worker and Admin Clerk job classifications are made by the Public Works Director/ City Engineer with concurrence of the City Manager. * Additionally, the Public Works Director/City Engineer with concurrence of the City Manager, may temporarily or permanently reassign certain employees in accordance with the following guidelines: 1) Supervisor level positions -Employees serving in capacity of Supervisor may be reassigned to an equivalent pay grade within any of the Supervisor level positions; and 2) Maintenance -- Employees assigned to anyone of these three broad employment classifications may be reassigned to an equivalent pay grade of one of the other two classifications. 4 Sixteen (16) positions authorized, with two (2) positions unfunded for fiscal year 201~~/201~ 5 Two (2) positions authorized, with one (1) position unfunded for fiscal year 201~~/201~

Salary 4-3

* 8,990 6,849 6,400 5,807 5,139 5,139 5,139 4,919 4,685 3,822 3,609 3,301

4,307 3,776 3,596 3,424 4,049 3,681 3,301

4,049 3,681 3,301 2,656

3,466 2,851

Sec. 4003 Continued - REGULAR (FULL TIME) EMPLOYEE CLASSIFICATIONS

"~"":?f;;?;';\!~ §"'};~,\~~$g¢ID~(il~E;i~:¥18gXti§l!l!M@!l\!Gfffl~ii(';~1; \?q!~"#.l$Kq#;JgN TOTAL POSITIONS AUTHORIZED (19)

EMPLOYEE CLASSIFICATION Fire Chief Asst Fire Chief

Fire Captain Fire Engineer Fire Fighter Code Enforcement Officer Administrative Assistant Fire Clerk II

EMPLOYEE CLASSIFICATION Police Chief Police Commander Police Services Manager Police Sergeant

Dispatch Supervisor Dispatcher Crime Analyst Property Evidence Technician Animal Control Officer Animal Control Officer /I Animal Control Officer I

Community Services Officer Public Safety Custodian

Police Officer Police Trainee

AUTHORIZED RANGE (1 ) 9,248-11,560 (1 ) • (3) • (6) • (5) • (1 ) • (1 ) • (1 ) •

AUTHORIZED RANGE (1 ) 9,612-12,015 (2) • (1) • (6) • (1) 6 • (9) • (1 ) • (1) • (1 ) • • - -• •

(5) • (1 ) •

(31) 7B. • • •

6 Authorized but underfilling with a Dispatcher for fiscal year 201~11201~

START •

7,113

4,692 4,470 3,676 3,656 3,144 2,852

START •

7,113 5,542 5,469 4,261 3,426 3,144 2,639

3.304 2,589 2,468 2,173

4,201 2,173

STEP 1 STEP 2 STEP 3 • • •

7,469 7,842 8,234 4,927 5,173 5,432 4,604 4,742 4,884 3,860 4,054 4,256 3,839 4,031 4,232 3,301 3,466 3,640 2,994 3,144 3,301

STEP 1 STEP 2 STEP 3 • • •

7,469 7,842 8,234 5,819 6,110 6,416 5,742 6,030 6,331 4,474 4,698 4,933 3,596 3,776 3,965 3,301 3,466 3,640 2,903 3,048 3,200

3.470 3.643 3.825 2,719 2,854 2,997 2,591 2,721 2,857 2,282 2,396 2,516

4,415 4,636 4,869 2,282 2,396 2,516

7 Thirty-one (31) positions authorized, with one (1) two (21 position~ unfunded for fiscal year 201~11201~ 9 ~ The Police Trainee position may be filled in lieu of Police Officer positions. The total number of Police Officers and Police Trainees shall not exceed the total number authorized for Police Officer.

SEC. 4004 PART TIME & ELECTED EMPLOYEE CLASSIFICATIONS

Public Works Dellartment -- Hourl~ SalarY EMPLOYEE CLASSIFICATION START STEP 1 STEP 2 STEP 3 Clerk Typist I 11.90 12.50 13.12 13.78 Maintenance Worker III 14.10 14.81 15.55 16.32 Maintenance Worker II 10.22 10.73 11.27 11.83 Maintenance Worker I 8.41 8.83 9.27 9.74 Resrealion geli!aFtmenl ~o~FI~ Salapt eMPbQ¥e§ !26A.sSII'I!2,A.lI2~1 S+AR+ S+EP4 SleP2 SleP3 Recreation Clerk 11.67 12.25 12.87 13.51 Program Supervisor 10.80 11.34 11.91 12.50 Garage Aid 10.54 11.07 11.62 12.20 Recreation Assistant 8.45 8.87 9.32 9.78 Leas RefeFee 84& 8,87 ~ B,.78

RefeFee 3,00 SAG &82 ~ Recreation Aide 8.00 8.40 8.82 9.26

Salary 4-4

STEP 4 •

8,646 5,703 5,031 4,469 4,444 3,822 3,466

~ •

8,646 6,736 6,648 5,179 4,163 3,822 3,360

..Ml11. 3,147 3,000 2,642

5,111 2,642

STEP 4 14.46 17.14 12.42 10.22

S+EP-4 14.18 13.13 12.81 10.27 ~

~

9.72

Sec. 4004 Continued - PART TIME & ELECTED EMPLOYEE CLASSIFICATIONS

Public Safety Department -- Hourly Salary EMPLOYEE CLASSIFICATION Police Officer Fire Fighter Dispatcher Custodian Community Seryices Receptionist GaFa!le AiEl

City Hall Division -- Hourly Salary EMPLOYEE CLASSIFICATION

Account Clerk/Admin Clerk Translator (Spanish) Custodian Office Assistant

Volunteer Fire Department Monthly Salary EMPLOYEE CLASSIFICATION Assistant Volunteer Fire Chief

Elected Officials -- Monthly Salary Mayor Council Members City Clerk City Treasurer

Salary 4-5

START 21.00 15.11 14.10 10.85 10.54 10.54 WM-

START

11.89 9.93 10.85 8.07

67.50

400.00 300.00 100.00 100.00

STEP 1 STEP 2 22.05 23.15 15.87 16.66 14.81 15.55 11.39 11.96 11.07 11.62 11.07 11.62 -1+.W ~

STEP 1 STEP 2 12.48 13.11

• • 11.39 11.96 8.47 8.90

monthly

monthly monthly monthly monthly

STEP 3 STEP 4

24.31 25.53 17.49 18.37 16.32 17.14 12.56 13.19 12.20 12.81 12.20 12.81 ~ ~

STEP 3 STEP 4

13.76 14.45 • •

12.56 13.19 9.34 9.81

SEC. 5001 INTRODUCTION

EXHIBIT C

DIVISION 5 PERSONNEL BENEFITS

Updated: July 1, 2012

The purpose of this Division is to identify the Employee Fringe Benefits Package as established by City Council Resolution.

SEC. 5002 FRINGE BENEFITS DEFINED

As used in this Division the term "Fringe Benefits" shall be construed to mean those specified rights, privileges, and payments provided by the City to an entitled employee as supplemental compensation above their base salary.

SEC. 5003 ENTITLED EMPLOYEES DEFINED

For the purposes of this Division, the term "Entitled Employee" refers to those persons who are employed in Regular (full-time) capacity with the City of Los Banos. Part-time, Provisional, and Volunteer Employees shall not be entitled to Fringe Benefit Compensation, except when such benefits are being provided by the City in accordance with: a) the requirements of a Federal or State Law, b) a written contractual agreement approved by the City, or c) a Memorandum of Understanding (MOU) between a specific employee or employee group and the City.

SEC.5004 ESTABLISHMENT OF FRINGE BENEFITS

The Fringe Benefit Package for entitled employees is established by City Council Resolution for each Fiscal Year (July 1 - June 30) of the City.

SEC. 5005 BENEFITS PROVIDED TO ALL MISCELLANEOUS AND MANAGEMENT REGULAR EMPLOYEES

A. Medical Insurance Benefits

The City will contract with the California Public Employees Retirement System (CaIPERS) for the purpose of providing employees with medical insurance benefits.

Effective April 1, 2010, 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. Cafeteria 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

Personnel Benefits 5-1


and welfare benefits. Benefits available through the Cafeteria Plan include, but are not limited to, medical insurance and life insurance benefits.

1. Employees hired before April 1. 2010, and not represented by a City-recognized bargaining unit:

The City will provide on a monthly basis, a Cafeteria Plan Allowance in the amount of:

a. The cost of the health plan premium for the employee's selected level of coverage (employee only, employee plus one or employee plus family) up to the amount of the premium for the Blue Shield Health Maintenance Organization (HMO), plus

b. The life insurance premium (for coverage up to $50,000), minus

c. An amount equivalent to 2.5% of the employee's salary, minus

d. The minimum monthly employer contribution required under PEMCHA, plus

e. Up to $73.00, to be used toward dental and vision plan premiums.

2. Employee's hired on or after April 1. 2010, and not represented by a Cityrecognized bargaining unit:

The City will provide, on a monthly basis, a Cafeteria Plan Allowance, based on the employee's level of health care coverage as provided below, minus the equivalent of 2.5% of the individual employee's salary:

Calendar Year 2012

Employee Only: $677.69 Employee plus One: $1,241.44 Employee plus Family: $1,438.75

Calendar Year 2013


3. Employee enrollment in the City-provided life insurance plan and City-provided dental and vision plans is mandatory.

4. Any increase to minimum monthly employer contribution under PEMHCA will result in a corresponding decrease in the employee's Cafeteria Plan Allowance.

5. Employees who opt out of participating in the group medical plans sponsored by the City, and who provide proof of their medical coverage in a group plan, will receive a Cafeteria Plan Allowance of $485 per month, minus an amount equivalent to 2.5% of the employee's salary, of which part must be used to enroll in mandatory life insurance, dental insurance and vision insurance coverage.


Updated: July 1,2012

6. Dental and Vision Insurance Plans: The City will contribute to the employee's Cafeteria Plan Allowance (as indicated above in Cafeteria Plan Allowance description).

7. Life Insurance: The City will pay the full premium cost for $50,000 coverage in City approved Life Insurance for the entitled employee.

C. Retirement Program

1. Miscellaneous Employees: Full-time, regular employees, hired before the date the City adopts a resolution to establish a second tier pension formula, will receive a CalPERS retirement benefit based on the 2.7% @ 55 formula as set forth in CalPERS regulations. The City shall pay the full share of the employer contribution to CaIPERS. Effective April 1, 2010, the employee will be responsible to pay the employee contribution of 8% to the CalPERS 2.7% @ 55 Plan.

Full-time, regular employees, hired on or after January 1, 2011, will receive a CalPERS retirement benefit based on the 2% @ 60 formula as set forth in CalPERS regulations. The City shall pay the full employer contribution to CaIPERS. The employee will be responsible to pay the employee contribution of 7% to the CalPERS 2% @ 60 Plan.

2. Public Safety Employees: Full-time, regular employees, hired before the date the City adopts a resolution to establish a second tier pension formula, will receive a CalPERS retirement benefit based on the 3% @ 50 formula as set forth in CalPERS regulations. The City shall pay the full share of the employer contribution to CaIPERS. Effective April 1, 2010, the employee will be responsible to pay the employee contribution of 9% to the CalPERS 3% @ 50 Plan.

Full-time, regular employees, hired on or after January 1, 2011, will receive a CalPERS retirement benefit based on the 3% @ 55 formula as set forth in CalPERS regulations. The City shall pay the full employer contribution to CaIPERS. The employee will be responsible to pay the employee contribution of 9% to the CalPERS 3% @ 55 Plan.

D. Retiree Medical

1. 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, referred to in Section IV(A). The provisions of the PEMHCA will govern medical insurance coverage for annuitants.



E. Health Savings Plan: The City of Los Banos has established a program in which employees participate to save, on a tax deferred basis, money to help pay the cost of healthcare once an individual retires. The Health Savings Plan (HSP) may be used for expenses as provided under the terms of the Plan. Any tax consequences resulting from City contributions to the HSP are the sole responsibility of the employee.

1. Participation is mandatory for all employees.

2. Effective January 1, 2013, 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 to the retiree's HSP account equal to the health plan premium cost for the employee's elected health care plan up to the amount of the premium for the Blue Shield Health Maintenance Organization (HMO), offered by CaIPERS, less the City's minimum monthly employer contribution under PEMHCA as follows:


b. Upon attaining Medicare eligibility, the City will contribute an amount to the retiree's HSP account equal to the health plan premium cost for the elected health care plan up to the amount of the premium for the Blue Shield Health Maintenance Organization (HMO) supplemental Medicare plan, offered by CaIPERS, less the amount of the City's minimum monthly employer contribution under PEMHCA as follows:

Employee Only: $146.77 Employee plus One: $408.54 Employee plus Family: $670.31

c. Employees will not be entitled to City payments into the HSP, as specified above, during employment.

3. Employees hired between October 1, 2002 and June 30, 2008 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 the retiree's HSP account to cover fifty percent (50%) of the Blue Shield Health Maintenance Organization (HMO) plan, offered by CaIPERS, 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 the HMO plan after twenty (20) years of service, less the amount of the City's minimum monthly employer contribution under PEMHCA, based on the rates in Section 5005E (2)(a) of this division.

b. Upon attaining Medicare eligibility, the City's contribution to the HSP account will equal the cost of fifty percent (50%) of the Blue Shield Health Maintenance Organization (HMO) supplemental Medicare plan, offered by CaIPERS, for employees with ten (10) years of service, plus an additional five percent (5%) of the cost of the HMO supplemental Medicare plan offered by CalPERS for each additional year of service beyond ten (10) years, up to one-hundred percent (100%) of the HMO 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, based on the rates in Section 5005E (2)(b) of this division.

c. Employees will not be entitled to City payments into the HSP, as specified above, during employment.

4. Employees hired on or after Ju'ly 1, 2008:

a. Starting after an employee has successfully completed his or her initial probationary period, the City will contribute $50 per month to the employee's HSP account. Likewise the employee will contribute $50 per month to his or her HSP account.

b. During an employee's initial hire probationary period with the City, neither the employee nor the City will contribute to the employee's HSP account. Upon successful completion of the initial hire probationary period, the City will contribute a lump sum of $50 per month for each month served in the employee's initial probationary period.

c. Upon cessation of employment with the City, the City will cease contributions to the individual's HSP account.

F. Workers' Compensation Insurance: Workers' Compensation Insurance Benefits (Workers' Compensation) are provided in accordance with the requirements of State Law.

Special Note: California Labor Code Sections 4650, for Miscellaneous Employees; and 4850, for Public Safety Employees, specifically addresses entitlement for paid time off work when disabled due to job injury.

G. Deferred Compensation: The City shall provide the opportunity for entitled employees to participate, at their own expense, in a Deferred Compensation Program.



H. Group Continuation of Health and Life Insurance: Federal Legislation (P.L. 99-272, the Consolidated Omnibus Budget Reconciliation Act - COBRA) requires agencies with 20 or more employees to continue health care coverage for terminated employees and for widows, ex-spouses and dependents of employees for eighteen (18) to thirty-six (36) months for certain qualifying events. Such benefits are provided at the expense of the employee or entitled relative or dependent. This area is addressed more extensively in the CalPERS Group Continuation Plan.

I. Tuition Reimbursement: Subject to administrative approval, the City shall reimburse entitled employees for education-related expenses in accordance with City of Los Banos Tuition Reimbursement Policy; Division 5-A.

J. Sick Leave Benefits: Sick Leave, will be provided to all eligible employees in accordance with the guidelines set forth in the City of Los Banos Sick Leave Benefits Policy; Division 5-B.

K. Vacation Leave Benefits: Vacation Leave will be provided to all eligible employees in accordance with the guidelines set forth in the City of Los Banos Vacation Leave Policy; Division 5-C.

L. Holiday Leave Benefits: Holiday Leave will be provided to all eligible employees in accordance with the guidelines set forth in the City of Los Banos Holiday Leave Policy; Division 5-E.

M. Catastrophic Leave: Catastrophic Leave Donations will be provided to all eligible employees in accordance with the guidelines set forth in the City of Los Banos Catastrophic Leave Donation Policy; Division 5-0.

N. Education Incentive Pay: Educational Incentive Pay will be provided to all qualifying employees in accordance with the City of Los Banos Education Incentive Pay Policy for specific guidelines; Division 5-H.

O. Bilingual Incentive Pay: Bilingual Incentive Pay will be provided to certain employees in accordance with the City of Los Banos Bilingual Incentive Pay Policy for specific guidelines; Division 5-L.

SEC. 5006 BENEFITS PROVIDED TO ALL REGULAR EMPLOYEES: EXCEPT MANAGERS AND MIDDLE MANAGERS

A. Compensatorv Time Off: All eligible Regular Employees shall, at their choice, be permitted to accrue Compensatory Time Off (CTO) in lieu of receiving overtime pay for hours worked in excess of normal duty assignments. See City of Los Banos Compensatory Time Off Policy for specific guidelines governing this practice; Division 5-F.

B. Overtime Compensation: All eligible Regular Employees shall be entitled to Overtime Compensation in accordance with the guidelines set forth in the City of Los Banos Overtime compensation Policy; Division 5-G.



SEC. 5007 BENEFITS PROVIDED TO POLICE DEPARTMENT EMPLOYEES ONLY

A. Lateral Transfer Incentive Pay

Effective September 18, 2002, the City Council established Lateral Transfer Incentive Pay not to exceed $3,000.00. The Police Chief will have authority with concurrence of the City Manager to offer the pay incentive to lateral transfer police officer applicants as an incentive for employment with the Los Banos Police Department. This offer may vary based on the previous experience of the applicant. This incentive pay could also be used to pay for a police academy loan or relocation costs.

The Police Chief shall provide written notification to the Administrative Services Director and City Manager when a Police Officer is to receive the Lateral Transfer Incentive Pay.

SEC.5008 BENEFITS PROVIDED FOR CERTAIN PARTICIPATING EMPLOYEES

State Disabilitv Insurance: The City allows for participation in the State Disability Insurance (SOl) Program for those employee groups who desire such option. Payment of SOl premiums is the responsibility of participating employees. See City of Los Banos State Disability Income (SOl) Policy for specific employee groups currently involved in this program and clarification of the City's position with regard to their participation; Division 5-1.

SEC.5009 BENEFITS PROVIDED TO ONLY CERTAIN PUBLIC WORKS EMPLOYEES

A. Certificate PaylWater and Wastewater Division Employees

1. Public Works employees shall be entitled to receive the following compensation when they have been awarded and hold the speCified certificate issued by the State of California, Department of Health Services WaterNVastewater Treatment; a) $50,00 per month for Grade II, and b) $25.00 per month for Grade I.

2. Effective July 1, 2001, Public Works employees shall be entitled to receive the following compensation when they have been awarded and hold the specified certificate issued by the State of California, Department of Health Services Water Distribution; a) $25.00 per month for Grade II, and b) $50.00 per month for Grade III.

3. Employees holding these certificates may be simultaneously compensated for; a) Water Treatment and Water Distribution Certificates, or b) Wastewater Treatment and Water Distribution Certificates. Employees holding these certificates shall not be simultaneously compensated for Water Treatment and Wastewater Treatment certificates.

4. Compensation shall not exceed $100.00 per month for any combination of certificates.



5. In order to continue to receive this benefit certified employees will be required to submit proof of re-certification to the City Manager as soon as it is issued.

B. Applicator Certificate & License Pay/Parks & Streets Division Employees

1. Public Works employees shall be entitled to receive the following compensation when they have been awarded and hold the specified certificates or license as issued by the State of California, Department of Pesticide Regulation; a) $50.00 per month for Pesticide License, b) $25.00 per month for a Qualified Applicator Certificate, and c) $25.00 per month for each additional category endorsement, maximum three (3) categories will be allowed and/or compensated for.

2. Employees holding these certificates and/or licenses can be compensated for a) Qualified Applicator License or b) Qualified Applicator Certificate. In no case shall the employee be compensated for both. Category compensation shall be limited to the following categories, B-Landscape Maintenance, C-Right of Way, D-Plant Agriculture, F-Aquatic, K-Health Related.

3. Compensation shall not exceed $100.00 per month for any combination of licenses/certificates.

4. In order to remain eligible for compensation, Certificated/Licensed employees shall be required to submit proof of certificate or license to the Administrative Services Director and department head as soon as it is issued. In addition employees shall be required to maintain their licenses and/or certificates as required by the State of California Department of Pesticide Regulation in order to be eligible for continued compensation. Proof of current valid licenses or certificates shall be submitted annually.

C. Arborist Certificate Pay

1. Certain Public Works employees shall be entitled to receive the following compensation when they have been awarded and hold an Arborist Certificate issued by the International Society of Arboriculture; $200.00 per month.

SEC. 5010 BENEFITS PROVIDED FOR CERTAIN CITY HALL EMPLOYEES

A. Notarv Public Pay

1. Certain City Hall employees shall be entitled to receive the following compensation when they have been awarded and hold a Notary Public Certificate issued by the State of California, Department of Secretary of State; $100.00 per month.

2. The number of persons will be limited to one (1) from each of the following departments at City Hall: Community Development, Finance, and two (2) from Administration.

Personnel Benefrts 5-8


3. Employees receIvIng the Notary Public Certificate Pay will be required to notarize documents when requested by the public or City staff during normal business hours.

B. Certified Municipal Clerk Pay

1. Certain City Hall employees shall be entitled to receive the following compensation when they have been awarded a Certified Municipal Clerk (CMC) Certificate and Designation from the International Institute of Municipal Clerks (IIMC); $100.00 per month.

SEC. 5011 BENEFITS PROVIDED FOR MANAGEMENT AND MIDDLE MANAGEMENT EMPLOYEES ONLY

A. Admin Leave for Management Employees: As deSignated in job description, Management employees who are not entitled to accrue compensatory time off or receive overtime pay for hours worked in excess of regular duty time, shall be entitled to ten (10) work days off, with full salary and benefits, during every Fiscal Year of employment in such positions:

B. Admin Leave for Middle Management Employees: As designated in job description, Middle Management employees, who are not entitled to accrue compensatory time off or receive overtime pay for hours worked in excess of regular duty time, shall be entitled to five (5) work days off, with full salary and benefits, during every Fiscal Year of employment in such position. New Middle Management employee hired after the July 1st accrual date will be prorated accordingly. If Admin Leave is not taken during the Fiscal Year it was earned, it will not be carried over and the employee will lose his/her right to the unused days. Further, a Middle Management employee who leaves the City employment shall not be compensated for any unused Admin Leave to which he/she would otherwise have been entitled.

C. Pro-ration: New Management and Middle Management employees hired after the July 1s/ accrual date will be prorated accordingly. If Admin Leave is not taken during the Fiscal Year it was earned, it will not be carried over and the employee will lose his/her right to the unused days. Further, a Management or Middle Management employee who leaves City employment shall not be compensated for any unused Admin Leave to which they would otherwise have been entitled.

SEC. 5012 BENEFITS PROVIDED FOR MAYOR AND CITY COUNCIL MEMBERS

A. Cell Phone Allowance

1. The Mayor and City Council Members shall be entitled to receive a monthly cell phone allowance in the amount of $75.00. Proof of a current cell phone contract plan is to be provided to receive cell phone allowance.



SEC.5013 BENEFITS NOT COVERED IN THIS DIVISION STATEMENT

Any employee benefits not covered in this Division that are required to be offered under provision of State or Federal Law or in conformity with an existing labor agreement, shall be provided.


TO:

FROM:

DATE:


Mayor Villalta & City Council Members

paul~~erald, Community Development Director

June 19, 2013

SUBJECT: Overland Courts Senior Living Apartment Community


Recommendation:

Staff recommends the City Council:

1. Adopt Ordinance No. 1109 to rezone the property from Highway Commercial to Medium Density Residential; and

2. Adopt Resolution No. 5490 approving Final Development Plan #2013-03; and

3. Adopt Resolution No. 5491 authorizing submittal of an application to the California State Department of Housing and Community Development for funding under the HOME Investment Partnerships Program; and if selected, the execution of a standard agreement, any amendments thereto, and of any related documents necessary to participate in the HOME Investment Partnerships Program.

Background:

At the June 5, 2013 City Council meeting, the Overland Courts project was evaluated and a public hearing was held. At that meeting, concerns with security and on-site

landscaping were raised. Exhibit C, of Resolution No. 5490, has been revised to incorporate conditions to address both areas of concern. In order to address the security issue, the following condition has been added: The developer agrees that if security problems arise, the developer will work with the Chief of Police to come up with the best solution to mitigate; the Chief of Police will determine the appropriate course of action and the developer shall install the appropriate security measures.

In order to address the on-site landscaping issue, the following condition has been added: Landscaping shall be continuously maintained in a healthy and thriving manner. The property shall be continuously kept in a litter-free condition.

Discussion:

"Overland Courts" is a 69 unit (plus 1 manager unit) senior affordable living project that is being proposed by Willow Partners, LLC. The proposed project is at the northwest corner of Overland Ave. and Rockport Dr. on a 4.77 acre parcel.

The project will serve a special needs group, which is seniors. Additionally, the tenants for the age restricted project must meet certain income requirements. According to Quick Facts, from the U.S. Census Bureau, the median income for a household in Merced County is $43,945. The lowest rents will be for those that are considered very low income, which means a household income of 30% of the County median income. The remainder of the rentals would be in the low to moderate category which is 45-60% of the Merced County median income.

The project site is currently zoned Highway Commercial (H-C) but the General Plan designation is Medium Density Residential. Rezoning the property to Medium Density Residential (R-2) would provide for appropriate zoning compatible with the General Plan. The project also includes a Final Development Plan with a Planned Development. The R-2 zoning classification only allows for up to a tri-plex and the buildings proposed by the developer are larger than that but they do however fall within the density standards that have been established within the General Plan; additionally, the front setbacks along Rockport Drive are just under the twenty (20) foot setback requirement but the buildings are situated as such that there would be no line of sight or visibility issues. The project works well with a Planned DevelopmenUFinal Development Plan as a Planned Development encourages innovative and creative development by allowing flexibility in land use and design, which would otherwise not be possible under traditional "Iot-by-Iot" zoning.

Project Location:

The project site is located on the northwest corner of Overland Avenue and Rockport Drive, as shown below.

Site Location:

Existing Uses:

General Plan:

Land Use:

Property Project site North South East West

The project is located on the northwest corner of Overland Ave. and Rockport Dr (Assessor Parcel Number 424-120-016)

Vacant

The General Plan Land Use Element designates the parcel as Medium Density Residential (MDR). Allowable residential density is between 7 and 18 units per net acre which the Overland Courts proposal meets.

Land Use Vacant Mobile Home Park Vacant Vacant Vacant

Zone H-C R-2 H-C R-1 H-C

General Plan MDR MDR C LDR C

H-C = Highway Commercial MDR = Medium Density Residential C = Commercial R-2 = Medium Density Residential

R-1 = Low Density Residential LDR = Low Density Residential

Relation to the General Plan and Housing Element:

The 2030 General Plan includes policy recommendations related to the various physical development aspects of the community. These are supported by policies and implementing actions. Additionally, the Los Banos Housing Element, which is a separate element of the General Plan, provides an implementation program. The Housing Element of the City of Los Banos (2009-2014) has a future housing needs

section, this section is based on overpayment and overcrowding by lower income households and the numbers are derived from the regional housing needs allocation plan. According to the Housing Element, 525 units are needed for the very low income group, 403 units are needed for the low income group and 602 units are needed for the moderate income group. The tenants of this project would be comprised of very low, low and moderate income levels only which would assist in the City's housing needs. The following items are excerpts for the General Plan and Housing Element which are germane to this project and request:

General Plan

LU-G-8

LU-G-26

Provide for a full range of housing types and choices within neighborhoods, including minimum requirements for small lot single family homes, townhouses and multi-family housing to ensure that the economic needs of all segments of the community are met.

Require a centrally located neighborhood square or "commons" within each residential neighborhood that will serve as a focal point for the surrounding neighborhood.

Housing Element

Objective 1 Provide adequate sites for residential development and alternate housing choices at affordable costs for all segments of the City.

Objective 7 Maintain an adequate percentage of affordable rental units within the City to accommodate all income groups and family types.

Objective 8 Encourage redevelopment and new development projects for special need groups (seniors are considered a special needs group).

Analysis:

The subject site is a vacant infill lot that is bounded by two developed roadways, a mobile home project to the north and existing single family homes on the east. There is a vacant commercial property to the west of this which has already been entitled for a Rite Aid store and a new gas station and car wash application is being submitted for the vacant property that is on the south side of Overland Ave.

Site Plan Layout The proposed project includes nine residential buildings, which are all single story and one two story community building with a manager's apartment on the upper level. Additionally, there is a pool and several BBQ patios with tables and grills. There are two vehicular access points proposed on Rockport Drive. One is the main entry with stamped concrete and the other is for emergency vehicles only and will otherwise be

locked. The Fire Department and Police Department will have access to the locked emergency entry.

Generally, the site plan layout shows the residential units clustered in the center of the lot with three buildings being outside of the cluster area. The preliminary landscape plan shows extensive planting throughout the site. There is an existing wood fence separating the site from the mobile home park but staff has incorporated a condition requiring a new masonry wall or wrought iron fence in its place so it will match the rest of the project site as the existing fence is in disrepair. The remainder of the complex will be served by a new six foot high concrete/masonry wall which will separate the site from the commercial property and new wrought iron fences along Rockport Drive and surrounding the exterior buildings. The wrought iron will be painted flat black. The main entry will have stamped concrete with a monument sign.

Floor Plans The project will include sixty-nine (69) rentable units, with fifty-six (56) of those being one bedroom/one bathroom units of approximately 651 to 675 square feet and thirteen (13) units being two bedroom/one bathroom at 796 square feet. The project proposes a total of ten (10) buildings with one of those being a community building which will be approximately 2,250 square feet and will have a managers unit above. The community building will include an office, community room, laundry area, computer room, kitchen and restroom facilities.

Parking The proposed project is subject to the parking requirements contained in Section 9-3.20 of the Los Banos Municipal Code. For senior residential housing .5 parking spaces are required per residential dwelling unit and one space per employee. The project is providing one hundred (100) stalls, which exceeds the requirements. Of those stalls, seventy (70) of them will be covered with a carport, there will be thirty (30) visitor stalls and seven of those will be handicap accessible.

Architecture The elevations reflect Spanish style architecture with low pitched tile roofs, an arched doorway on the community building, stucco siding, private patiOS with wrought iron guardrails, stone veneer on the community building/manager's unit and blue doors and shutters. The color scheme provides soft, earth tone colors consistent with the architecture of the buildings. The exterior elevations provide sufficient artiCUlation on all sides of the buildings that will give the project a high quality appearance.

Project Financing: The State of California offers a program called HOME Investment Partnerships Program (HOME). The purpose of the program is to assist cities and counties to create and retain affordable housing. The funds can be utilized for housing rehabilitation, new construction, acquisition and rehabilitation for single-family and multifamily projects. All activities must benefit lower-income renters or owners.

Willow Partners, LLC would like the City to facilitate the grant. The grant cannot be applied for until entitlements are complete. Willow Partners, LLC intends to submit the application by July 8, 2013, which is the application deadline. The dollars are Federal dollars and are then State issued to municipalities. For this particular grant, the City would not be providing a financial guarantee and would be under no financial obligation. The "borrower" in this case would actually be the project; the project would negotiate with the State and sign all documents. Willow Partners will complete the application and will budget in an amount of $100,000 (maximum) for an administrative fee which would be paid to the City to cover costs with time spent for reporting.

Typically the HOME loans are for a term of thirty (30) years usually with a very low interest rate. The payments to the State are typically in the form of residual receipts payments meaning after all property expenses are paid (mortgage payments, operating expenses, etc.) the State would then share in any remaining cash flow which would first be applied to the interest and then the principle of the loan amount. This requires providing the State HOME department with financial statements quarterly and year end financials. In the event the property is not generating enough cash flow to make payments, the State would defer payments in that year and accrue the interest to the next year. The property is responsible for the payments to the State HOME program not the city. The City is the administrator of the loan but is not guaranteeing the loan or signing a promissory note. Essentially, this is not a "hard loan" that requires payment or results in foreclosure. This is what is termed a "soft loan" where payment is made when and if funds are available. It is not unusual for loans of this type to be only partially repaid or in some cases not repaid at all.

The financing sources for the Overland Courts will include HOME funds and tax credit proceeds. In order to receive a tax credit award the project will need to first receive the HOME award. This is because "committed soft funds" are the most important factor for determining the scoring for tax credit applications. The project proponent's plan is to receive a HOME award and use the HOME funds as the "committed soft funds" to earn a tax credit award. With the tax credit and HOME award, negotiations can proceed with investors to buy tax credits and that in turn will allow the development to be funded.

Environmental:

Pursuant to the California Environmental Quality Act (CEQA) and the City of Los Banos Environmental Quality Guidelines, an initial study was prepared to identify and assess potential environmental impacts of the development of the Project. Through the initial study, staff determined that the Project would not result in any significant adverse affects. Staff prepared a Notice of Intent for a Negative Declaration which was posted at the Merced County Clerk's Office and sent to the State Clearinghouse for circulation and review on April 18, 2013, and closed on May 18, 2013.

Public Comment:

A public hearing notice was published in the Los Banos Enterprise on May 24, 2013. As of the date of this staff report, no comments have been received.

Fiscal Impact:

The applicant has budgeted $100,000 into the grant application for HOME funding to be paid to the City to offset any expenses related to grant management.

Reviewed by:

?rb ~ Steve Carrigan, City Manager

Attachments:

1. Ordinance No. 1109 (Zone Change) 2. Resolution No. 5490 (Final Development Plan

Exhibit A: CEQA Findings Exhibit B: Findings for Approval Exhibit C: Conditions of Approval

3. Resolution No. 5491 (HOME Funding) 4. Public Hearing Notice

ORDINANCE NO. 1109

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOS BANOS AMENDING THE OFFICIAL ZONING MAP BY REZONING ONE PARCEL GENERALLY LOCATED AT THE NORTHWEST CORNER OF OVERLAND AVENUE AND ROCKPORT DRIVE FROM HIGHWAY COMMERCIAL (H-C) TO MEDIUM DENSITY RESIDENTIAL (R-2)

The City Council of the City of Los Banos does hereby ordain as follows:

Section 1. The property located at the northwest corner of Overland Avenue and Rockport Drive or Assessor's Parcel Number: 424-120-016 is hereby rezoned as shown on said map from Highway Commercial (H-C), to Medium Density Residential (R-2).

Section 2. The City Clerk is hereby directed to make the appropriate markings on the Official Zoning Map in conformance with this Ordinance and the provisions of the Los Banos Municipal Code.

Section 3. This Ordinance shall go into effect and be in full force and operation thirty (30) days after its final passage and adoption. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted and published once within fifteen days after passage and adoption as may be required by law; or, in the alternative the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five days prior to the date of adoption of this Ordinance; and, within fifteen days after adoption, the City Clerk shall cause to be published, the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk.

Introduced by Council Member Faria and seconded by Council Member Silveira on the 5th day of June, 2013.

Passed on the __ day of ____ " 201_ by the following vote:

AYES: NOES: ABSENT:

APPROVED:

Michael Villalta, Mayor ATTEST:


2

EXHIBIT A

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS FOR A FINAL DEVELOPMENT PLAN FOR SENIOR AFFORDABLE RENTAL UNITS AT THE NORTHWEST CORNER OF OVERLAND AVENUE AND ROCKPORT DRIVE, MORE SPECIFICALLY IDENTIFIED AS ASSESSOR'S PARCEL NUMBER: 424-120-016

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, the project was evaluated in an initial study which determined that no significant adverse effects would result from the development of the project and a Negative Declaration was made.

2. The Negative Declaration was adequately noticed and circulated for public review and no public comments were received.

3. No significant new information or changes in the environmental setting have occurred that would result in new or greater significant effects not studied in the Negative Declaration.

4. No further environmental documentation is required as the proposed project was contemplated and adequately analyzed in the Negative Declaration.

5. The City of Los Banos Community Development Department, located at 520 J Street in Los Banos, is the custodian of the documents that constitute the record of proceedings upon which the determination to adopt the negative declaration is based and will be certified by the Los Banos City Council.

EXHIBIT B

FINDINGS FOR APPROVAL FOR A FINAL DEVELOPMENT PLAN FOR SENIOR AFFORDABLE RENTAL UNITS AT THE NORTHWEST CORNER OF OVERLAND AVENUE AND ROCKPORT DRIVE, MORE SPECIFICALLY IDENTIFIED AS ASSESSOR'S PARCEL NUMBER: 424-120-016


1. The project is consistent with the City of Los Banos General Plan "Medium Density Residential" designation in that it meets the use and density standards specified within.

2. The proposal is consistent with the Zoning Ordinance as it meets the development standards specified within.

3. The proposal will not be detrimental to the health, safety, comfort, or general welfare of the persons residing and working in the City of Los Banos, or injurious to property or improvements in the surrounding neighborhoods or within the City in that a senior residential use on this site will fit in well with the area and will provide a transition between uses.

4. The proposal is compatible with the adjacent land uses, properties, and neighborhoods and will not be detrimental or injurious to the neighborhood or to the general welfare of the City and would operate in a harmonious manner with the surrounding neighborhood.

RESOLUTION NO. 5490

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS BANOS APPROVING FINAL DEVELOPMENT PLAN 2013-03

WHEREAS, the Los Banos General Plan was adopted by the City of Los Banos City Council in July of 2009, and the General Plan is the guiding document for land use in the City and designates the subject property for Medium Density Residential development; and

WHEREAS, the project proponent is seeking a PO (Planned Development), and Title 9, Chapter 3, Article 4 - Planned Development of the Los Banos Municipal Code outlines the procedure for establishing development standards within PO districts; and

WHEREAS, Section 9-3.404 requires the Planning Commission to make a recommendation to the City Council regarding approval of a Final Development Plan and said recommendation has been made; and

WHEREAS, pursuant to California Environmental Quality Act (CEQA) and the City of Los Banos Environmental Quality Guidelines, this project was evaluated with an Initial Study and Negative Declaration, which was certified prior to final approval. Community Development Department staff has determined that the proposed project was adequately described, examined and evaluated in the Negative Declaration and that no significant new information or changes in the environmental setting have occurred that would result in new or greater significant effects. Therefore, no additional review is necessary under CEQA; and

WHEREAS, the City Council having reviewed the proposal and any written or verbal comments received prior to the public hearing, including the recommendation of City Staff and Planning Commission and having heard oral comments received during the public hearing, does hereby find and declare that the proposal is in substantial conformance with the Los Banos General Plan.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby approve Final Development Plan #2013-03, based on the findings (Exhibit A and Exhibit B, incorporated herein by reference) subject to Conditions of Approval (Exhibit C incorporated herein by reference)

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 19th day of June 2013, 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:

Michael Villa Ita, Mayor

ATTEST:


EXHIBIT A

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS FOR A FINAL DEVELOPMENT PLAN FOR SENIOR AFFORDABLE RENTAL UNITS AT THE NORTHWEST CORNER OF OVERLAND AVENUE AND ROCKPORT DRIVE, MORE SPECIFICALLY IDENTIFIED AS ASSESSOR'S PARCEL NUMBER: 424-120-016

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.


1. Pursuant to CEQA, the CEQA Guidelines, and the City of Los Banos Environmental Quality Guidelines, the project was evaluated in an initial study which determined that no significant adverse effects would result from the development of the project and a Negative Declaration was made.

2. The Negative Declaration was adequately noticed and circulated for public review and no public comments were received.

3. No significant new information or changes in the environmental setting have occurred that would result in new or greater significant effects not studied in the Negative Declaration.

4. No further environmental documentation is required as the proposed project was contemplated and adequately analyzed in the Negative Declaration.

5. The City of Los Banos Community Development Department, located at 520 J Street in Los Banos, is the custodian of the documents that constitute the record of proceedings upon which the determination to adopt the negative declaration is based and will be certified by the Los Banos City Council.

EXHIBIT B

FINDINGS FOR APPROVAL FOR A FINAL DEVELOPMENT PLAN FOR SENIOR AFFORDABLE RENTAL UNITS AT THE NORTHWEST CORNER OF OVERLAND AVENUE AND ROCKPORT DRIVE, MORE SPECIFICALLY IDENTIFIED AS ASSESSOR'S PARCEL NUMBER: 424-120-016


1. The project is consistent with the City of Los Banos General Plan "Medium Density Residential" designation in that it meets the use and density standards specified within.

2. The proposal is consistent with the Zoning Ordinance as it meets the development standards specified within.

3. The proposal will not be detrimental to the health, safety, comfort, or general welfare of the persons residing and working in the City of Los Banos, or injurious to property or improvements in the surrounding neighborhoods or within the City in that a senior residential use on this site will fit in well with the area and will provide a transition between uses.

4. The proposal is compatible with the adjacent land uses, properties, and neighborhoods and will not be detrimental or injurious to the neighborhood or to the general welfare of the City and would operate in a harmonious manner with the surrounding neighborhood.

EXHIBIT C

CONDITIONS OF APPROVAL FOR A FINAL DEVELOPMENT PLAN FOR SENIOR AFFORDABLE RENTAL UNITS AT THE NORTHWEST CORNER OF OVERLAND AVENUE AND ROCKPORT DRIVE, MORE SPECIFICALLY IDENTIFIED AS ASSESSOR'S PARCEL NUMBER: 424-120-016

Community Development 1. The developer agrees that if security problems arise, the developer will

cooperate with the Chief of Police to reach a reasonable solution to mitigate; the parties will determine the appropriate course of action and the developer shall install the appropriate security measures.

2. Landscaping shall be continuously maintained in a healthy and thriving manner. The property shall be continuously kept in a litter-free condition.

3. The Final Development Plan (FOP) shall expire if application for a building permit is not applied for within one year from date of approval. One sixmonth extension may be allowed through a written submittal that would be approved by the Community Development Director.

4. The Final Development Plan approval is for the construction of nine single story senior living buildings and one two story community building with a managers unit above.

3. It is the applicant's responsibility that the proposal complies with handicap and Americans with Disabilities Act (ADA) requirements in the design and maintenance of this project.

4. During construction, and for safety purposes, the applicant and assigned contractors shall keep the public right-of-way clear of obstructions and provide for clean up on a daily basis.

5. The site shall be kept in a dust-free condition during construction of the project in compliance with the San Joaquin Valley Unified Air Pollution Control District.

6. It shall be the responsibility of the applicant to convey copies of the conditions of approval to all contractors and subcontractors.

7. Applicant shall comply with requirements of other appropriate governmental agencies in the execution of said improvements.

8. The applicant shall comply with, and be responsible for obtaining encroachment permits from the City of Los Banos for work performed within the City's right-of-way.

9. All contractors performing work relative to this project to obtain City of Los Banos Business Licenses, prior to start of work on the project. All work performed on this project shall comply with the requirements of the State Business and Professions Code.

10. The developer shall provide appropriate landscaping to enhance the site perimeter and buildings as shown in the preliminary landscaping plans. Said landscaping shall be in accordance with the City's landscape guidelines for residential properties and shall be continuously maintained in a healthy and thriving manner.

11.AII lighting shall be hooded and fitted with directional lenses to prevent illumination onto adjacent properties and into oncoming traffic.

12.AII electrical, plumbing, and mechanical equipment shall be screened. There shall be no new aboveground utility lines placed or exposed conduits installed as a result of this project.

13. Trash enclosure shall be built according to City specifications; colors, materials and textures matching those of the main buildings. A concrete apron is required across the width of the trash enclosure opening that shall extend a minimum depth of ten feet in front of the opening.

14. All improvements including, but not limited to, masonry walls, landscaping, curb, gutter, sidewalks and trash enclosures shall be installed and or constructed prior to occupancy of the project.

15. Downspouts shall be located within the building wall or architecturally integrated into the design and color of the buildings. There shall be no drainage across the public access ways or across the public right-of-way.

16. There shall be no outside storage of materials, supplies, or equipment unless surrounded by a six-foot high fence or wall.

17. Construction shall be limited to normal business hours and construction equipment shall be properly muffled.

18. The new masonry walls and wrought iron fences are required to be built on the location shown on the site plan, and as conditioned, along with a keyed wrought iron fence for emergency access at the secondary ingress and egress point.

19.An on-site manager is required.

Fire 1. A story or signboard needs to be mounted at the entry providing direction

to individual units. Said board shall be lit up at night and approved by the Fire Department.

2. Each unit within the project is required to participate in a public safety CFD.

3. Click to enter required at emergency vehicle entry gate.

4. Knox Box required on buildings 1-10. (Applications can be obtained though the Fire Dept.)

5. A minimum 8" looped water main will be required throughout the site to support the fire suppression system and fire hydrants on site.

6. Two additional fire hydrants will be required along with the three proposed.

7. All buildings shall have 12" address numbers of a contrasting color. The placement of address numbers shall be approved by the Fire Department.

8. Emergency vehicle access to center of complex: 12' wide sidewalks and roll curbs constructed and capable of supporting the weight of a fire apparatus.

9. Fire suppression system required throughout all units. Fire sprinklers shall be recessed quick response and/or all heads will be protected from damage.

10. Fire suppression system shall be tied to a 24 hour central alarm company.

11. Fire suppression riser rooms for each building unit are required to be located in separate room with access from the exterior of the building.

Traffic 1. Property frontages on Rockport and Overland shall be designated and

posted "No Parking".

2. All overhead utility lines and wood poles shall be placed underground within the project.

Sanitary Sewer 1. Sanitary Sewer connection fees shall be paid per occupancy.

2. This property is included in the Northgate Sewer Lift Station Reimbursement Agreement Area of Benefit and shall pay the reimbursement fee.

3. All proposed connections, regardless of size that intend to drain directly into the City Outfall Main shall have a manhole installed at the juncture.

4. No landscaping trees shall be planted within the Utility Easement crossing the property.

5. Storm drainage shall not directly drain into adjacent detention basin. Storm drainage shall enter into storm drainage piping system.

Water 1. Proposed site will require a looped water system in which fire hydrant and

water services can be installed. Looped water system shall be dedicated to the City and utility easement shall be established.

2. Each building shall at least have a separate water service and meter with reduced pressure backflow device installed. Fire sprinkler service shall be separate and have double detector check backflow devices installed.

3. Landscape services shall be separated from building services and have reduced pressure backflow devices installed.

Landscaping 1. All landscape shall be designed to Los Banos Standards and

Specifications. This includes design to the Los Banos Water Efficiency in Landscape standards and ordinance.

2. Uncovered parking stalls shall meet the 50% in 5 years shade canopy requirements.

General 1. Development shall annex into Lighting and Landscape Assessment

District #13.

2. In addition to the masonry wall and wrought iron fence shown on the site plan, a new masonry wall or wrought iron fence should be installed along the border of the Mobile Home Park.

3. A 10-foot Public Utility Easement shall be established along the project frontage.

RESOLUTION NO. 5491

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS BANOS AUTHORIZING SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR FUNDING UNDER THE HOME INVESTMENT PARTNERSHIPS PROGRAM; AND IF SELECTED, THE EXECUTION OF A STANDARD AGREEMENT, ANY AMENDMENTS THERETO, AND ANY RELATED DOCUMENTS NECESSARY TO PARTICIPATE IN THE HOME INVESTMENT PARTNERSHIPS PROGRAM

WHEREAS, The California Department of Housing and Community Development (the "Department") is authorized to allocate HOME Investment Partnerships Program ("HOME") funds made available from the U.S. Department of Housing and Urban Development ("HUD"). HOME funds are to be used for the purposes set forth in Title II of the Cranston-Gonzalez National Affordable Housing Act of 1990, in federal implementing regulations set forth in Title 24 of the Code of Federal Regulations, part 92, and in Title 25 of the California Code of Regulations commencing with section 8200; and

WHEREAS, On May 1, 2013 the Department issued a 2013 Notice of Funding Availability announcing the availability of funds under the HOME program (the "NOFA"); and

WHEREAS, In response to the 2013 NOFA, the City of Los Banos, a municipal corporation (the "Applicant"), wishes to apply to the Department for, and receive an allocation of, HOME funds.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LOS BANOS THAT:

1. In response to the 2013 NOFA, the Applicant shall submit an application to the Department to participate in the HOME program and for an allocation of funds not to exceed Four Million Six Hundred Thousand Dollars ($4,600,000.00) for the following activities and/or programs:

Construction of sixty-nine (69) senior residential affordable housing apartments consisting of one and two bedroom dwellings known as the Overland Court Apartments to be located at the northwest corner of Overland Avenue and Rockport Drive in the City of Los Banos. The project includes construction of

dwelling units, parking, community building with the managers unit, swimming pool, laundry facility, computer lab, landscaped grounds, and off-site utility and street improvements. $50,000 will be allocated to City administration fees and $50,000 will be allocated towards City project delivery activities.

2. If the application for funding is approved, the Applicant hereby agrees to use the HOME funds for eligible activities in the manner presented in its application as approved by the Department in accordance with the statutes and regulations cited above. The Applicant may also execute a standard agreement, any amendments thereto, and any and all other documents or instruments necessary or required by the Department or HUD for participation in the HOME program (collectively, the required documents).

3. The applicant authorizes Steve Carrigan, City Manager, to execute, in the name of the applicant, the required documents.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 19th day of June, 2013, 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:

Michael Villalta, Mayor

ATTEST:


2

LOS Banos 1/ f!i,." i'I},;', I, / ;, ,f ({i!ii(}!"f!i;;

F - ,¥ , ~ ...

COMMUNITY DEVELOPMENT DEPARTMENT

Date: May 24,2013

Regarding: Notice of Public Hearing

Proposal: Final Development Plan #2013-03 & Zone Change #2013-01 - Overland Courts

NOTICE IS HEREBY GIVEN THAT a public hearing will be held by the Los Banos City Council to consider Final Development Plan #2013-03 and Zone Change #2013-01 for Overland Courts. The project proposal is for the development of 69 senior rentable residential units with a community building and pool. The project site is located on the northwest corner of Rockport Drive and Overland Avenue, more specifically identified as Assessor's Parcel Number: 424-120-016.

The Los Banos Planning Commission held a public hearing on May 22, 2013 for the purpose of considering the above mentioned project. At the completion of the public hearing, the Planning Commission duly considered all evidence presented and recommended approval of Final Development Plan #2013-03 & Zone Change #2013-01 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, June 5, 2013 at 7:00 p.m. in the Council Chambers of Los Banos City Hall located at 520 "J" Street. Questions regarding the above-referenced item may be directed to Paula Fitzgerald, AICP, Community Development Director at City Hall or at (209) 827-7000, Ext. 114.

Persons wishing to provide oral comments on the described proposal may do so at this meeting or may provide written comments on this matter prior to the public meeting. Written comments may be sent by U.S. Mail or hand delievered to the City of Los Banos City Hall at 520 "J" Street, Los Banos, California 93635. If no comments are received prior to or on the above date, it will be assumed that no comments are being offered. The public is also informed that should this matter, at some future date go to court, court testimony is limited to only those issues raised at the hearings per Government Code Section 65009.

THE CITY OF LOS BANOS

Stacy Souza Elms Assistant Planner


TO: Mayor Villalta & Council Members

FROM:

DATE:

paUla@~gerald, AICP, Community Development Director

June 19, 2013

SUBJECT: Cottage Food Operation Permit Fee


Recommendation:

Staff recommends the City Council receive the staff report on the Cottage Food Operation (CFO) permit fee, open the public hearing, take public comment, and adopt Resolution No. __

Background:

On June 5, 2013, the City Council adopted Ordinance No. 1108 which regulates the permitting of CFO's. Ordinance No. 1108 stated that fees would be approved and passed by the City Council by resolution.

Discussion:

Fees are established for permits on a cost recovery basis so the General Fund, and taxpayers in general, do not subsidize an individual application.

The Planning Commission is the decision making authority for any initial application for a CFO. The Community Development Director or designee is the decision making authority for any renewal application.

The initial application for a CFO requires a public hearing in front of the Planning Commission. A public hearing has noticing requirements which include a public notice in the newspaper and mailers to property owners within three-hundred (300) feet of the subject property. The initial Planning Commission hearing also requires staff time to review the application, work with the applicant, prepare the staff report and resolution, prepare the public hearing notice and mailers.

Staff has conducted a fee study and has calculated the following costs for processing the CFO application. No fee is being proposed for the subsequent renewals.

a) Newspaper publication of public notice b) Mailed Notices to neighboring properties c) Community Development Director staff time

1.75 hours at $100.36 per hour d) Assistant Planner staff time

3 hours at $47.69 per hour

Fiscal Impact: TOTAL

$85.00 $46.30

$175.63

$143.07 $450.00

A one-time fee of $450.00 will cover the cost for time and materials for the CFO permit process so the General Fund will not be subsidizing said cost.

Reviewed by:

~~-Steve Carrigan, City Manager

Attachments:

1. Resolution No. authorizing and setting the fee for the issuance, regulation, monitoring and administration of Cottage Food Operation Permits

2. Fee Schedule

3. Public Hearing Notice

RESOLUTION NO. __

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS BANOS AUTHORIZING AND SETTING THE FEE FOR THE ISSUANCE, REGULATION, MONITORING AND ADMINISTRATION OF COTTAGE FOOD OPERATION PERMITS

WHEREAS, with the passage of Assembly Bill 1616, the State of California mandated that municipalities allow Cottage Food Operations as a use in private dwellings; and

WHEREAS, the City of Los Banos has adopted and approved Ordinance No. 1108 which provides permit regulations, conditions and requirements; and

WHEREAS, public noticing requirements, permit regulation and monitoring, and the issuance and administration of the Cottage Food Operation permits require staff time and materials; and

WHEREAS, staff has conducted a fee study and found that time and materials will be covered with a $450.00 application fee; and

WHEREAS, the fee for the Cottage Food Operation permit is on a cost recovery basis only; and

WHEREAS, Ordinance No. 1108 stated that new fees reflecting the costs of services rendered would be established through resolution.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby resolve the fee for a Cottage Food Operation permit is to be established at $450.00 for the initial application with no subsequent fee for the yearly renewals.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 19th day of June 2013, 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:

Michael Villalta, Mayor

ATTEST:


2

PLANNING FEES

*

*

* * * * * *

*

*

* * *

Annexation Review

Annexation Processing

General Plan Amendment Zone Change/Pre-Zone Ordinance Amendment (text)

Site Plan Review Use Permit Variance Cottage Food Operation-Initial Application Only Administrative Permit (FFAl4H/Sidewalk Sale) Administrative Permit - other Master Sign Plan Sign Review Appeals (Applicant Only) Time Extension

Tentative Subdivision Map Revised Tentative Map Final Subdivision Map Revised Final Map Minor Subdivision/Parcel Map Lot Line Adjustment/Parcel Merger

Map Engineering, Review and Inspection Planned Development Development Agreement

Revision Reimbursement Agreement

Environmental Review/Category Exempt Neg Dec/Initial Study Environmental Impact Report

$1,000.00 deposit $1,000.00 deposit + 100. per acre/plus cost from other agencies

(LAFCQ, State, etc.) $1 ,000.00 deposit $ 750.00 deposit $ 750.00 deposit

$ 650.00 deposit $ 550.00 deposit $ 500.00 deposit $ 450.00 fee $ 25.00 fee $ 250.00 deposit $ 50.00 fee $ 25.00 fee $ 150.00 deposit $ 200.00 fee

$2,000.00 deposit $ 750.00 deposit $1,000.00 deposit $ 500.00 deposit $ 350.00 deposit $ 250.00 deposit $ 5% of Final Cost Estimate (including contingency) $1,000.00 deposit $1,000.00 deposit $ 500.00 deposit $ 750.00 deposit

$ 100.00 fee $ 250.00 fee or Cost plus 20% $ Cost plus 20%

LOS Banos COMMUNITY DEVELOPMENT DEPARTMENT

Date: June 7, 2013


Proposal: Cottage Food Operations Fee

NOTICE IS HEREBY GIVEN THAT a Public Hearing will be held by the Los Banos City Council to consider establishing an application fee for Cottage Food Operations. The purpose of such fee will be to cover costs associated with administration and issuance of Cottage Food Operation permits.

A PUBLIC HEARING on this matter will be held at the next scheduled meeting of the Los Banos City Council on Wednesday, June 19, 2013 at 7:00 p.m. in the Council Chambers of Los Banos City Hall located at 520 "J" Street. Questions regarding the above-referenced item may be directed to Paula Fitzgerald, AICP, Community Development Director at City Hall or at (209) 827-7000, Ext.114.



Stacy Souza Elms Assistant Planner



FROM:

DATE:

Ray Reyna, Police Commander A:iy June 19, 2013

SUBJECT: Police Department Fiscal Year (FY) 2013/2014 Justice Assistance Grant (JAG) Grant Solicitation


Recommendation:

Open public hearing, receive public comment, and close the public hearing. No action is needed; the hearing is an opportunity for public comment only.

Discussion:

The Police Department is applying for the FY 2013/2014 Edward Byrne Memorial (JAG) Grant. As a requirement of the grant, the Department is required to notify the local governing body of the application and provide public notice. A public hearing notice was prepared and sent to the Los Banos Enterprise requesting they publish the notice in their June 14, 2013 newspaper.

According to the California FY 2013/2014 Local JAG Allocations list, the maximum amount the Department may receive is $11,749.00 and there is no matching of funds required by this grant. The Department hopes to use this grant to purchase rifle grade ballistic protection vests for each patrol vehicle, to be used by patrol officers responding to shots fired calls.

Fiscal Impact:

Revenues and Expenditures for the FY 2013/2014 will increase in the amount of $11,749.00

Reviewed by:

~t ~arrigan, City Manager

Attachments:

Public Hearing Notice

Public Notice:

Los Banos Enterprise One Page

June 3,2013

Notice is hereby given that the City Council of the City of Los Banos will hold a public hearing for the Edward Byrne Memorial Justice Assistance Grant (JAG).

Date: June 19,2013 Time: 7:00 p.m. Place: Council Chambers

City Hall 520 "J" Street Los Banos, Ca

Questions regarding the above referenced item may be directed to Ray Reyna, Police Commander at the Los Banos Police Department or (209) 827-7070.

Please publish Friday June 14,2013


TO: Mayor Villa Ita and City Council Members

FROM: Sonya Williams~~ounting & Budget Supervisor

DATE: June 19, 2013

SUBJECT: Adopt a Resolution Authorizing the Examination of Sales or Transactions and Use Tax Records

TYPE OF REPORT: Non Consent Agenda

Recommendation:

Staff recommends that the City Council adopt a Resolution Authorizing the Examination of Sales or Transactions and Use Tax Records.

Discussion:

Due to the complex nature of administering local sale tax, misallocation of sales tax among jurisdictions is common. These errors often result in cities receiving less sales tax revenue than they are entitled. City Staff does not have the resources necessary to research, identify and correct these errors. MuniServices has extensive experience and expertise to do so and will collect misallocated revenues on a contingency fee basis.

MuniServices sales and use tax audit service is designed to maximize the City's income and minimize the cost of lost revenues. MuniServices extensive service offerings are used in part, and in whole, by over 260 cities throughout the United States; in California alone, MuniServices serves 9 of the 10 largest cities. To-date, MuniServices has recovered over $1 billion in tax revenue for its clients.

The City will contract with MuniServices to provide Sales and Use Tax Audit Services (SUTA) and Sales/Use Tax Analysis and Reporting Services (STARS). To accomplish

this, we recommend approval of the attached resolution. The resolution designates MuniServices as the authorized representative of the City to examine sales and use tax records maintained by the State Board of Equalization.

Fiscal Impact:

Compensation for the Sales and Use Tax Audit Service is a twenty-five percent (25%) contingency fee for misallocations detected and corrected by MuniServices. There is an annual fixed fee of $3,000 per year, for Sales/Use Tax Analysis & Reporting Services. These fees will be paid from the General Fund.

Reviewed by:

~ Steve Carrigan, City Manager

Attachments:

Resolution Resolution 4594

RESOLUTION NO. __

A RESOLUTION OF THE CITY OF LOS BANOS AUTHORIZING THE EXAMININATION OF SALES OR TRANSACTIONS AND USE TAX

RECORDS

WHEREAS, pursuant to Resolution No. 4594 the City of Los Banos entered into a contract with the State Board of Equalization to perform all functions incident to the administration and collection of local transactions and use taxes; and

WHEREAS, the City Council of the City of Los Banos deems it necessary and desirable for authorized representatives of the City to examine confidential sales and transactions and use tax records of the Board pertaining to sales and transactions and use taxes collected by the Board for the City; and

WHEREAS, Section 7056 of the California Revenue and Taxation Code sets forth certain requirements and conditions for the disclosure of Board records and establishes criminal penalties for the unlawful disclosure of information contained in, or derived from sales or transactions and use tax records of the Board; and

WHEREAS, Section 7056 of the California Revenue and Taxation Code sets forth certain requirements and conditions for the disclosure of Board records including requiring the adoption of a resolution authorizing access to the sales and use tax records;

NOW, THEREFORE IT IS RESOLVED AND ORDERED AS FOLLOWS:

Section 1. That the City Manager, Administrative Services Director, Accounting and Budget Supervisor or other officer or employee of the City designated in writing by the City Manager to the State Board of Equalization (hereafter referred to as Board) is hereby appointed to represent the City with authority to examine all of the sales and transactions and use tax records of the Board pertaining to sales or transactions and use taxes collected for the City by the Board of Equalization pursuant to the contract between the City and the Board under the Bradley-Burns Uniform Local Sales and Use Tax Law or the Transactions and Use Tax Law. The information obtained by examination of Board records shall be used only for purposes related to the collection of City sales or transactions and use taxes by the Board pursuant to the contract.

Section 2. That the City Manager, Administrative Services Director, Accounting and Budget Supervisor or other officer or employee of the City designated in writing by the City Manager to the Board is hereby appointed to represent the City with authority to examine those sales and transactions and use tax records of the Board for purposes related to the following governmental functions of the City:

a) Functions related to Sales, Transaction, and/or Use Tax collection or administration; and

b) Functions related to budgeting and forecasting of revenue.

Section 3. That MuniServices, LLC is hereby designated to examine the sales and transactions and use tax records of the Board pertaining to sales and transactions and use taxes collected for the City by the Board. The person or entity designated by this section meets all of the following conditions:

a) Has an existing contract with the City to examine sales and transactions and use tax records;

b) Is required by that contract to disclose information contained in, or derived from those sales and transactions and use tax records only to the officer or employee authorized under Section 1 (or Section 2) of this resolution to examine the information;

c) Is prohibited by that contract from performing consulting services for a retailer during the term of that contract;

d) Is prohibited by that contract from retaining the information contained in, or derived from those sales and transactions and use tax records after that contract has expired.

BE IT FURTHER RESOLVED that the information obtained by examination of Board records shall be used only for purposes related to the collection of City's sales and transactions and use taxes by the Board pursuant to the contracts between the City and the Board.

The foregoing resolution was introduced at a regular meeting of the Los Banos City Council held on the 19th day of June 2013, by Council Member who moved for its adoption, which motion was duly seconded by Council Member _______ , and the Resolution was adopted by the following vote:

AYES: NOES: ABSENT:

APPROVED:

Michael Villa Ita, Mayor ATTEST:


RESOLUTION NO. 4594

A RESOLUTION OF THE CITY OF LOS BANOS AUTHORIZING THE EXAMINATION OF TRANSACTIONS (SALES) AND USE TAX RECORDS

WHEREAS, pursuant to Ordinance No 1020 (the City of Los Banos Police, Fire,

Public Safety I 911 TransactJons and Use Tax Ordinance) of City of Los Banos

hereinafter called District and Section 7270 of the Revenue and Taxation Code, the

Dlstnct entered Into a contract with the State Board of Equalization to perform all

functJons inCident to the admlnlstratJon and operation of the Transactions and Use Tax

Ordinance, and,

WHEREAS, the District deems It desirable and necessary for authOrized

representatives of the District to examine confldenlial transactions and use tax records

of the State Board of Equalization pertaining to transactions and use taxes collected by

the Board for the District pursuant to that contract, and,

WHEREAS, Section 7056 of the Revenue and Taxation Code sets forth certain

reqUirements and condllions for the disclosure of Board of Equalization records and

establishes criminal penalties for the unlawful disclosure of Informalion contained In or

denved from, the transaclions and use tax records of the Board,

NOW, THEREFORE, IT IS RESOLVED AND ORDERED AS FOLLOWS

Section 1 That the City Manager or Finance Director or Staff Accountant or other

officer or employee of the District deSignated In writing by the City Manager to the State

Board of Equalization (hereafter referred to as Board) IS hereby appointed to represent

the District With authOrity to examine transaclions and use tax records of the Board

pertaining to transactions and use taxes collected for the District by the Board pursuant

to the contract between the District and the Board The information obtained by

examination of Board records shall be used only for purposes related to the collection of

the District's transactions and use taxes by the Board pursuant to the contract

Section 2 That the City Manager or Finance Director or Staff Accountant or other

officer or employee of the District deSignated In writing by the City Manager to the Board

of Equalization IS hereby appointed to represent the District With authonty to examine

those transactions and use tax records of the Board for purposes related to the

follOWing governmental functions of the District

a) Collection of tax revenues

b) MOnitOring of tax records and compliance standards

c) The audltJng and reporting of tax revenues

The InformatJon obtained by examlnabon of Board records shall be used only for

those governmental functions of the Dlstnct listed above

BE IT FURTHER RESOLVED that the Informabon obtained by examlnallon of

Board records shall be used only for purposes related to the collection of Dlstnct's

transactions and use taxes by the Board pursuant to the contracts between the Dlstnct

and Board

The foregOing Resolution was Introduced at a regular meeting of the City Council

of the City of Los Banos held on the 6th day of Apnl, 2005 by Council Member Smith,

who moved Its adoption, which motion was duly seconded by Council Member Balattl

and the ResolutJon adopted by the follOWing vote

AYES

NOES

ABSENT

ATTEST

Council Members Balatb, Jones, Smith, Mayor Amabile

None

Council Member McAdam

LUCille L Mallonee, City Clerk

Telephone 209-826-3531

DATE:

TO: CC:

FROM:

Law Offices of

WILLIAM A. VAUGHN

June 19, 2013

525 J Street, Suite A Los Banos, CA 93635

MEMORANDUM

Mayor and City Council City Manager

William A Vaughn, City Attorney

Facsimile 209-826-2431

RE: Proposed Ordinance amending the Municipal Code relating to Officers and Employees - City Manager

Recommendation. It is recommended that the City Council conduct the second reading of and adopt the proposed Ordinance amending the Municipal Code relating to Officers and Employees - City Manager.

Background. On June 5, 2013 the City Council conducted the first reading and introduced the proposed Ordinance.

On March 4, 1959 the then City Council of the City of Los Banos adopted Ordinance 259 defining the authority, powers, and duties of the City Manager. Ordinance 259 was thereafter amended in 1973 and 1977, Ordinance 482 and 564 respectively, adding two sections to the original ordinance relating to attendance at commission meetings and appointment of an assistant city manager. The Ordinance has not been amended since 1977.

Ordinance 259 and the current municipal code provides for a 4/5'h majority vote of the City COlmcil after the first year of employment in order to remove the City Manager from office. The Ordinance also provides for a hearing process for the removal of the City Manager.

Discussion. The City of Los Banos has a City Council-City Manager form of government. Under this form of government, the Los Banos City Counci l is the legislative body responsible for setting City policy and adopting the City budget. The City Council appoints the City Manager, who is the administrative head of the city government. The provisions of California Government Code sections 34851 -34859 establish the general law parameters for the council/manager form of city government. Generally, the City Manager administers the day-today affairs of the city; hi res and fires city employees (except the city attorney, city clerk and city treasurer); performs such other functions as the City Council establishes by ordinance or otherwise directs. Pursuant to State law the City Manager holds office at the pleasure of the City Council , in other words the City Manager is an at-will employee.

Recently the City Council has hired a new City Manager and has entered into a comprehensive employment agreement. The current City Manager employment agreement

describes in detail the rights and obligations of the parties regarding termination of the City Manager employment agreement. In consideration for the term of the agreement and the severance provisions the current agreement waives the provisions of the Ordinance regarding the removal of the City Manager. In negotiating the current City Manager employment agreement there was particular concern regarding the 4/5ths majority requirement for removal in the current Ordinance.

The purpose of the proposed Ordinance is to I) review the entire Ordinance for consistency with current State law; and 2) amend the Ordinance in regards to the removal provisions.

Significant provisions of the proposed Ordinance include:

• Grammatical changes to make the Ordinance gender neutral. • Repealing the residency requirement which is not consistent with current State law. • Revising the bonding requirements for the City Manager and Assistant City Manager from a "corporate surety bond" to a "public official surety bond". • Revising the 415 th majority requirement to an affirmative vote of three or more members of the City Council for removal or suspension. • Repealing the necessity for a public hearing at the request of the City Manager regarding removal or suspension. • Adding the specific authority of the City Council to enter into an employment agreement with the City Manager to supplement the provisions of the Municipal Code concerning the office of City Manager.

A redline and clean version of the proposed changes to the Ordinance have been included as attachments.

Fiscal Impact. The proposed Ordinance revisions have no financial effect on the City.

Alternatives. In addition to the staff recommendation the City Council has the following alternatives:

I. Take no action and maintain the current Ordinance. 2. Request additional information from staff. 3. Provide further direction to staff.

2

SUMMARY OF ORDI NANCE NO. 1110

AN ORDINANCE OF THE CITY OF LOS BANOS AMENDING, TITLE 2, CHAPTER 3, ARTICLE 1 OF THE LOS BANOS MUNICIPAL CODE REGARDING OFFICERS AND EMPLOYEES - CITY MANAGER

On June 5, 2013 the Los Banos City Council introduced Ordinance No. 1110, which if adopted will amend Title 2, Chapter 3, Article 1 - City Manager, of the Los Banos Municipal Code ("Code") . The purpose and intent of this Ordinance is to amend the Code to (1) change the four vote requirement for removal of the City Manager from Office to an affirmative vote of three members of the City Council; (2) remove the residency requirement of the City Manager to conform with current State law; (3) amend various Code provisions to provide for consistency with the current employment agreement of the City Manager; and (4) update the Code to be gender neutral. A copy of the complete text of the Ordinance is on file with the City Clerk, at 520 J Street.

The City Council will consider adoption of this Ordinance at the regular City Council Meeting scheduled for June 19, 2013 at 7:00 P.M in the City Council Chambers. The Ordinance if adopted would go into effect and be in full force and operation thirty (30) days after its final passage and adoption.

LUCILLE L. MALLONEE CITY CLERK

ORDINANCE NO.

AN ORDINANCE OF THE CITY OF LOS BANOS AMENDING, TITLE 2, CHAPTER 3, ARTICLE 1 OF THE LOS BANOS MUNICIPAL CODE REGARDING OFFICERS AND

EMPLOYEES - CITY MANAGER

The City Council of the City of Los Banos does ordain as follows:

Section 1. The City Council of the City of Los Banos does hereby amend Section 2-3.102 of the Los Banos Municipal Code to read as follows:

Sec. 2-3.102 Appointment: Qualifications: Term.

The City Manager shall be appointed by the City Council wholly on the basis of his or her administrative and executive ability and qualifications and shall hold office during the pleasure of the City Council.


Sec. 2-3.103 Eligibility of former Council Member for office.

No person elected or appointed as a Council Member of the City shall , subsequent to such election, be eligible for appointment as City Manager until one year has elapsed after such Council Member shall have ceased to be a member of the City Council.


Sec. 2-3.104 Residency.

Residency in the City shall not be required as a condition of the appointment to the office of City Manager.


Sec. 2-3.105 Public Official Surety Bond.

The City Manager shall furnish a public official surety bond which shall be approved by the City Council in a reasonable amount fixed by the City Council. Such bond shall be conditioned upon the faithful performance of the duties imposed upon the City Manager as set forth in this Article. Any premium for such bond shall be a proper charge against the City.


Sec. 2-3.106 Acting City Manager: Public Official Surety Bond.

The City Manager shall appoint, subject to the approval of the City Council, one of the other officers or department heads of the City to serve as Acting City Manager during any temporary absence or disability of the City Manager. In the event of the absence or disability of the City Manager and his or her failure to so appoint an Acting City Manager, the City Council may designate some qualified City employee to perform the duties of the City Manager during the period of absence or disability of the City Manager, subject, however, to such person furnishing a public official surety bond, conditioned upon the faithful performance of the duties required to be perfonned, as set forth in Section 2-3.105 of this Article.


Sec. 2-3.107 Compensation: Expenses.

The City Manager shall receive such compensation and expense allowances as the City Council shall from time to time detennine and fix by resolution, and such compensation and expenses shall be a proper charge against such funds of the City as the City Council shall designate.

The City Manager shall be reimbursed for all sums necessarily incurred or paid by him or her in the perfonnance of his or her duties or incurred when traveling on business pertaining to the City under the direction of the City Council. Reimbursement shall only be made, however, when a verified itemized claim, setting forth the sums expended for such business for which reimbursement is requested, has been presented to the Mayor for approval.


Sec. 2-3.108 Full-time employment.

The City Manager shall devote his or her entire time to the duties of his or her office in the interests of the City.


Sec. 2-3.109 Attendance at meetings.

The City Manager may attend any or all meetings of any comnllSSIOn, board, or committee created by the City Counci l, either upon his or her own volition or upon direction of the City Council. At such meetings which the City Manager attends, he or she shall be heard by such commission, board, or committee as to all matters upon which he or she wishes to address the members thereof. He or she shall inform such members as to the status of any matter being

considered by the City Council and shall cooperate to the fullest extent with the members of all commissions, boards, or committees appointed by the City Council.


Sec. 2-3.11 0 Relationship with City Council.

The City Council and its members shall deal with the administrative services of the City only through the City Manager, except for the purposes of inquiry, and neither the City Council, nor any member thereof, shall give orders to any subordinate of the City Manager. The City Manager shall take his orders and instructions from the City Council only when sitting in a duly held meeting of the City Council. No individual Council Member shall give orders or instructions to the City Manager.


Sec. 2-3.112 Powers and duties: Administration.

The City Manager shall be the administrative head of the government of the City under the direction and control of the City Council except as otherwise provided in this Article. He or she shall be responsible for the efficient administration of all the affairs of the City which are under his or her control. In addition to his or her general powers as administrative head, and not as a limitation thereon, it shall be his or her duty and he or she shall have the specific powers and duties set forth in this Article and in other portions of this Code.

Section II. The City Council of the City of Los Banos does hereby amend Section 2-3.114 of the Los Banos Municipal Code to read as follows:

Sec. 2-3.114 Powers and duties: Authority over employees.

It shall be the duty of the City Manager and he or she shall have the authority to control , order, and give directions to all heads of departments and to subordinate officers and employees of the City under his or her jurisdiction through their department heads.


Sec. 2-3.116 Powers and duties: Reorganization of positions and departments.

It shall be the duty and responsibility of the City Manager to recommend to the City Council such reorganization of offices, positions, departments, or units under his or her direction as may be indicated in the interests of the efficient, effective, and economical conduct of the City'S business.

Section 13. The City Counci l of the City of Los Banos does hereby amend Section 2-3.117 of the Los Banos Municipal Code to read as follows:

Sec. 2-3.117 Powers and duties: Ordinance recommendations.

It shall be the duty of the City Manager to recommend to the City Council for adoption such measures and ordinances as he or she deems necessary or expedient.

Section 14. The City Council of the City of Los Banos does hereby amend Section 2-3.1 18 of the Los Banos Municipal Code to read as follows:

Sec. 2-3.118 Powers and duties: Attendance at Council meetings. It shall be the duty of the City Manager to attend all meetings of the City Council , unless

excused therefrom, except when his or her removal is under consideration.


Sec. 2-3.119 Powers and duties: Financial reports.

It shall be the duty of the City Manager to keep the City Council fully advised at all times as to the financial conditions and needs of the City.

Section 16. The City Council of the City of Los Banos does hereby amend Section 2-3.120 of the Los Banos Municipal Code to read as fo llows:

Sec. 2-3.120 Powers and duties: Preparation of budget.

It shall be the duty of the City Manager to prepare and submit tbe proposed annual budget and the proposed annual salary plan to the City Counci l for its approval.


Sec. 2-3.121 Powers and duties: Purchase of supplies.

The City Manager shall be responsible for the purchase of all supplies for all the departments of the City. No expenditures shall be submitted or recommended to the City Counci l except on the report and approval of the City Manager.


Sec. 2-3.124 Powers and duties: Supervision of public property.

It shall be the duty of the City Manager to exercise general supervision over all public buildings, public parks, and all other public property which is under the control and jurisdiction of the City Council.

Section 19. The City Council of the City of Los Banos does hereby amend Section 2· 3.125 of the Los Banos Municipal Code to read as follows:

Sec. 2-3.125 Powers and duties: Council assignments.

It shall be the duty of the City Manager to perform such other duties and exercise such other powers as may be delegated to him or her from time to time by ordinance, resolution, or other action of the City Council.


Sec. 2-3.126 Removal: Suspension.

(a) The removal or temporary suspension of the City Manager shall be only upon an affirmative vote of three or more members of the City Council in a regular or special City Council meeting, at the sole discretion of the City Council, with or without cause and without right of appeal. (b) The removal or temporary suspension of the City Manager shall be subject to all applicable laws and ordinances and applicable provisions of the City Manager Employment Agreement.

Section 21. The City Council of the City of Los Banos does hereby repeal Sections 2-3.127, 2-3.128 and 2-3.129 of the Los Banos Municipal Code.

Section 22. The City Council of the City of Los Banos does hereby amend and renumber Section 2-3.130 of the Los Banos Municipal Code to read as follows:

Sec. 2-3.127 Removal: Limitation.

Notwithstanding the provisions of Sections 2-3 .126 of this Article, the City Manager shall no't be removed from office, other than for gross misconduct, during or within a period of ninety (90) days next succeeding the appointment of a new Council Member or any general municipal election held in the City at which election a member of the City Council is elected. The pmpose of this provision is to permit any newly-appointed or elected member of the City Council to observe the actions and ability of the City Manager in the performance of the powers and duties of hi s or her office.

Section 23. The City Council of the City of Los Banos does hereby add Section 2-3.128 of the Los Banos Municipal Code to read as follows:

Sec. 3-128 Employment Agreement.

Nothing in this Article shall be construed as a limitation on the power or authority of the City Council to enter into any supplemental agreement with the City Manager delineating additional terms and conditions of employment not inconsistent with any provision of this Article.

Section 24. To the extent that the terms and provisions of this Ordinance may be inconsistent or in conflict with the terms or conditions of any prior city ordinance, motion, resolution, rule or regulation governing the same subject, the terms of this Ordinance shall prevail with respect to the subject matter thereof and such inconsistent or conflicting provisions of prior ordinances, motions, resolutions, rules or regulations are hereby repealed.

Section 25. If any section, subsection, subdivision, paragraph, sentence, clause or phrase added by this Ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that anyone or more subsections, subdivisions, paragraphs, sentences, clauses or phrases are declared unconstitutional , invalid or ineffective.

Section 26. This Ordinance shall go into effect and be in full force and operation thirty (30) days after its final passage and adoption. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted and published once within fifteen days after passage and adoption as may be required by law; or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five days prior to the date of adoption of this Ordinance; and, within fifteen days after adoption, the City Clerk shall cause to be published, the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the san1e, in the Office of the City Clerk.

THE FOREGOING ORDINANCE was introduced at a regular meeting of the Los Banos City Council on the _ day of 2013 , and was adopted at a regular meeting of the Los Banos City Council on the _ day of 2013 by the following vote:

AYES: NOES: ABSENT:

APPROVED:

Michael Villalta

ATTEST:


Article 1. City Manager

Sec. 2-3.101 Office established. The office of City Manager is hereby established.

Sec. 2-3.102 Appointment: Qualifications: Term. The City Manager shall be appointed by the City Council wholly on the basis of his or

her administrative and executive ability and qualifications and shall hold office during the pleasure of the City Council.

Sec. 2-3.103 Eligibility of former Council Member for office. No person elected or appointed as a Council Member of the City shall, subsequent to

such election, be eligible for appointment as City Manager until one year has elapsed after such Council Member shall have ceased to be a member ofthe City Council.

Sec. 2-3.104 Residency. Residency in the City shal l not be required as a condition of the appointment to the office

of City Manager.

Sec. 2-3.105 Public Official Surety Bond. The City Manager shall furnish a public official surety bond which shall be approved by

the City Council in a reasonable amount fixed by the City Council. Such bond shall be conditioned upon the faithful performance of the duties imposed upon the City Manager as set forth in this Article. Any premium for such bond shall be a proper charge against the City.

Sec. 2-3.106 Acting City Manager: Public Official Surety Bond. The City Manager shall appoint, subject to the approval of the City Council , one of the

other officers or department heads of the City to serve as Acting City Manager during any temporary absence or disability of the City Manager. In the event of the absence or disability of the City Manager and his or her failure to so appoint an Acting City Manager, the City Council may designate some qualified City employee to perform the duties of the City Manager during the period of absence or disability of the City Manager, subject, however, to such person furnishing a public official surety bond, conditioned upon the faithful performance of the duties required to be performed, as set forth in Section 2-3 .1 05 of this Article.

Sec. 2-3.107 Compensation: Expenses. The City Manager shall receive such compensation and expense allowances as the City

Council shall from time to time determine and fix by resolution, and such compensation and expenses shall be a proper charge against such funds of the City as the City Council shall designate.

The City Manager shall be reimbursed for all sums necessarily incurred or paid by him or her in the performance of his or her duties or incurred when traveling on business pertaining to the City wlder the direction of the Ci ty Council. Reimbursement shall only be made, however, when a verified itemized claim, setting forth the sums expended for such business for which reimbursement is requested, has been presented to the Mayor for approval.

Sec. 2-3.108 Full-time employment. The Ci ty Manager shall devote his or her entire time to the duties of his or her office in

the interests of the City.

Sec. 2-3.109 Attendance at meetings.

The City Manager may attend any or all meetings of any commiSSIOn, board, or committee created by the City Council , either upon his or her own volition or upon direction of the City Council. At such meetings which the City Manager attends, he or she shall be heard by such commission, board, or committee as to all matters upon which he or she wishes to address the members thereof. He or she shall inform such members as to the status of any matter being considered by the City Council and shall cooperate to the fullest extent with the members of all commissions, boards, or committees appointed by the City Council.

Sec. 2-3.110 Relationship with City Council. The City Council and its members shall deal with the administrative services of the City

only through the City Manager, except for the purposes of inquiry, and neither the City Council, nor any member thereof, shall give orders to any subordinate of the City Manager. The City Manager shall take his orders and instructions from the City Council only when sitting in a duly held meeting of the City Counci l. No individual Council Member shall give orders or instructions to the City Manager.

Sec. 2-3.111 Relationship with City officers. It shall be the duty of all subordinate officers and the City Clerk, City Treasurer, and City

Attorney to assist the City Manager in administering the affairs of the City efficiently, economically, and harmoniously insofar as may be consistent with their duties as prescribed by the laws of the City.

Sec. 2-3.112 Powers and duties: Administration. The City Manager shall be the administrative head of the government of the City under

the direction and control of the City Council except as otherwise provided in this Article. He or she shall be responsible for the efficient administration of all the affairs of the City which are under his or her control. In addition to his or her general powers as administrative head, and not as a limitation thereon, it shall be his or her duty and he or she shall have the specific powers and duties set forth in this Article and in other portions of this Code.

Sec. 2-3.113 Powers and duties: Law enforcement. It shall be the duty of the City Manager to enforce all the laws of the City.

Sec. 2-3.114 Powers and duties: Authority over employees. It shall be the duty of the City Manager and he or she shall have the authority to control ,

order, and give directions to all heads of departments and to subordinate officers and employees of the City under his or her jurisdiction through their department heads.

Sec. 2-3.115 Powers and duties: Appointment, removal, promotion, and demotion of employees.

It shall be the duty of the City Manager to appoint, remove, promote, and demote any and all officers and employees of the City, except the City Clerk, City Attorney, and City Treasurer.

Sec. 2-3.116 Powers and duties: Reorganization of positions and departments. It shall be the duty and responsibility of the City Manager to recommend to the City

Council such reorganization of offices, positions, departments, or units under his or her direction as may be indicated in the interests of the efficient, effective, and economical conduct of the City ' s business.

Sec. 2-3.117 Powers and duties: Ordinance recommendations.

It shall be the duty of the City Manager to recommend to the City Council for adoption such measures and ordinances as he or she deems necessary or expedient.

Sec. 2-3.118 Powers and duties: Attendance at Council meetings. It shal l be the duty of the City Manager to attend all meetings of the City Council, unless

excused therefrom, except when his or her removal is under consideration.

Sec. 2-3.119 Powers and duties: Financial reports. It shall be the duty of the City Manager to keep the City Council fu lly advised at all times

as to the fi nancial conditions and needs of the City.

Sec. 2-3.120 Powers and duties: Preparation of budget. It shall be the duty of the City Manager to prepare and submit the proposed annual budget

and the proposed annual salary plan to the City Council for its approval.

Sec. 2-3.121 Powers and duties: Purchase of supplies. The City Manager shall be responsible for the purchase of all supplies fo r all the

departments of the Ci ty. No expendi tures shall be submitted or recommended to the City Council except on the report and approval of the City Manager.

Sec. 2-3.122 Powers and duties: Investigations. It shall be the duty of the City Manager to make investigations into the affairs of the City,

and any department thereof, and to investigate any contract or the proper performance of any obligation of the City and all complaints relating to matters concerning the administration of the City government and service maintained by public utilities in the City.

Sec. 2-3.123 Powers and duties: Overseeing franchises, contracts, permits, and privileges. It shall be the duty of the City Manager to ascertain that all franchises, contracts, permits,

and privileges granted by the City are fa ithfu lly performed and observed.

Sec. 2-3.124 Powers and duties: Supervision of public property. It shall be the duty of the City Manager to exercise general supervision over all public

bui ldings, public parks, and all other public property which is under the control and jurisdiction of the City Counci l.

Sec. 2-3.125 Powers and duties: Council assignments. ft shall be the duty of the City Manager to perform such other duties and exercise such

other powers as may be delegated to him or her from time to time by ordinance, reso lution, or other action of the City Council.

Sec. 2-3.126 Removal: Suspension. (a) The removal or temporary suspension of the City Manager shall be only upon an

affirmative vote of three or more members of the City Council in a regular or special City Council meeting, at the sole discretion of the City Council, with or without cause and without right of appeal.

(b) The removal or temporary suspension of the City Manager shall be subject to all applicable laws and ord inances and applicable provisions of the City Manager Employment Agreement.

Sec. 2-3.127 Removal: Limitation. Notwithstanding the provisions of Sections 2-3. 126 of this Article, the City Manager

shall not be removed from office, other than for gross misconduct, during or within a period of

ninety (90) days next succeeding the appointment of a new Council Member or any general municipal election held in the City at which election a member of the City Council is elected. The purpose of this provision is to permit any newly-appointed or elected member of the City Council to observe the actions and ability of the City Manager in the performance of the powers and duties of his or her office.

Sec. 3-128 Employment Agreement. Nothing in this Article shall be construed as a limitation on the power or authority of the

City Council to enter into any supplemental agreement with the City Manager delineating additional terms and conditions of employment not inconsistent with any provision of this Article.

Article 1. City Manager

Sec. 2-3.101 Office established. The office of City Manager is hereby established.

Sec. 2-3.102 Appointment: Qualifications: Term. The City Manager shall be appointed by the ~Council wholly on the basis of his ill

her administrative and executive ability and qualifications and shall hold office during the pleasure ofthe ~Council.

Sec. 2-3.103 Eligibility of former Councilmett Member for office. No person elected or appointed as a CounciloffiilflMember of the City ---.hill, subsequent to

such election, sflalt be eligible for appointment as City Manager until one year has elapsed after such Council mMember shall have ceased to be a member ofthe it Council.

Sec. 2-3.104 Residencejt. Residence;t in the City at tRe tiA,e ef tRe aj'lj'leintment ef a Cit), Manager shall not be

required as a condition of the appointment, but within I gg eays thereafter the City Manager shall beeeJtle a resieent ef the City, er tRe Celmeil shall eeelare ~the office of City Manager~--te--be

'<'aeanl.

Sec. 2-3.105 public Official Suretlr Bond. The City Manager shall furnish a eefj'lerate publ ic official surety bond which shall be

approved by the ~Council in sueR sum as may be eetentliAee by the Ceunei l~sonable

amount fixed b;t the Ci ty Council. Such bond shall be conditioned upon the faithful performance of the duties imposed upon the City Manager as set forth in this aArticle. Any premium for such bond shall be a proper charge against the City.

Sec. 2-3.106 AssistaFttActing City Manager: public Official Suretlr Bond. The City Manager shall appoint, subject to the approval of the Council, one of the

other officers or department heads of the City to serve as AssistantActing City Manager during any temporary absence or disability of the City Manager. In the event of the absence or disability of the City Manager and his 0 her failure to so appoint an AssistantActing City Manager, the ~Council may designate some qualified City employee to perform the duties of the City Manager during the period of absence or disability of the City Manager, subject, however, to such person furnishing a eefj'lerate public official surety bond, conditioned upon the faithful performance of the duties required to be perfonned, as set forth in Section 2-3.105 of this aArticle.

Sec. 2-3.107 Compensation: Expenses. The City Manager shall receive such compensation and expense allowances as the ~

Council shall from time to time detennine and fix by resolution, and such compensation and expenses shall be a proper charge against such funds of the City as the Cit Council shall designate.

The City Manager shall be reimbursed for all sums necessarily incurred or paid by him Q[

~in the perfonnance of his or her duties or incurred when traveling on business pertaining to the City under the direction of the ~Council. Reimbursement shall only be made, however, when a verified itemized claim, setting forth the sums expended for such business for which reimbursement is requested, has been presented to the CeuneilMayor for approval.

Sec. 2-3.108 Full-time employment.

The City Manager shall devote his or her entire time to the duties of his or her office in the interests of the City.

Sec. 2-3.109 Attendance at eeR'tR'tissien and beaFd meetings. The City Manager may attend any or all meetings of the Planning Commission, Los

Banos Area Parks ami Reereation Commission, or Q[any etilef-commission, board, or committee created by the ~Council , either upon his or her own volition or upon direction of the ~ Council. At such meetings which the City Manager attends, he or she shall be heard by such commission, board, or committee as to all matters upon which he or she wishes to address the members thereof. He or she shall inform such members as to the status of any matter being considered by the ~Council and shall cooperate to the fullest extent with the members of all commissions, boards, or committees appointed by the ~Council.

Sec. 2-3.110 Relationship with ~Council.

The ~Council and its members shall deal with the administrative services of the City only through the City Manager, except for the purposes of inquiry, and neither the ~Council ,

nor any member thereof, shall give orders to any subordinate of the City Manager. The City Manager shall take his orders and instructions from the ~Council only when sitting in a duly held meeting of the ~Council. No individual Councihtlftfl Member shall give orders or instructions to the City Manager.

Sec. 2-3.111 Relationship with City officers. It shall be the duty of all subordinate officers and the City Clerk, City Treasurer, and City

Attorney to assist the City Manager in administering the affairs of the City efficiently, economically, and harmoniously insofar as may be consistent with their duties as prescribed by the laws of the City.

Sec. 2-3.112 Powers and duties: Administration. The City Manager shall be the administrative head of the government of the City under

the direction and control of the City Council except as otherwise provided in this aArtic1e. He QI

she shall be responsible for the efficient administration of all the affairs of the City which are under his or hJ)r control. In addition to his or her general powers as administrative head, and not as a limitation thereon, it shall be his or her duty and he or she shall have the specific powers and duties set forth in this aArtic1e and in other portions of this Code.

Sec. 2-3.113 Powers and duties: Law enforcement. It shall be the duty of the City Manager to enforce all the laws of the City.

Sec. 2-3.114 Powers and duties: Authority over employees. It shall be the duty of the City Manager and he or she shall have the authority to control,

order, and give directions to all heads of departments and to subordinate officers and employees of the City under his NlleJ: jurisdiction through their department heads.

Sec. 2-3.115 Powers and duties: Appointment, removal, promotion, and demotion of employees.

It shall be the duty of the City Manager to appoint, remove, promote, and demote any and all officers and employees of the City, except the City Clerk, City Attorney, and City Treasurer.

Sec. 2-3.116 Powers and duties: Reorganization of positions and departments. It shall be the duty and responsibility of the City Manager to recommend to the

Council such reorganization of offices, positions, departments, or units under his or her direction

as may be indicated in the interests of the efficient, effective, and economical conduct of the City's business.

Sec. 2-3.117 Powers and duties: Ordinance recommendations. It shall be the duty of the City Manager to recommend to the !:ili::..Council for adoption

such measures and ordinances as he or she deems necessary or expedient.

Sec. 2-3.118 Powers and duties: Attendance at Council meetings. It shall be the duty of the City Manager to attend all meetings of the City Council, unless

excused therefrom, except when his . her removal is under consideration.

Sec. 2-3.119 Powers and duties: Financial reports. It shall be the duty of the City Manager to keep the Ci ty Council fully advised at all times

as to the financial conditions and needs of the City.

Sec. 2-3.120 Powers and duties: Preparation of budget. It shall be the duty of the City Manager to prepare and submit the proposed annual budget

and the proposed annual salary plan to the it Council for its approval.

Sec. 2-3.121 Powers and duties: Purchase of supplies. The City Manager shall be responsible for the purchase of all supplies for all the

departments of the City. No expenditures shall be submitted or recommended to the !:ili::..Council except on the report and approval of the City Manager.

Sec. 2-3.122 Powers and duties: Investigations. It shall be the duty of the City Manager to make investigations into the affairs of the City,

and any department thereof, and to investigate any contract or the proper performance of any obligation of the City and all complaints relating to matters concerning the administration of the City government and service maintained by public utilities in the City.

Sec. 2-3.123 Powers and duties: Overseeing franchises, contracts, permits, and privileges. It shall be the duty of the City Manager to ascertain that all franchises , contracts, permits,

and privileges granted by the City are faithfully performed and observed.

Sec. 2-3.124 Powers and duties: Supervision of public property. It shall be the duty of the City Manager to exercise general supervision over all public

buildings, public parks, and all other public property which is under the control and jurisdiction of the ~Council.

Sec. 2-3.125 Powers and duties: Council assignments. It shall be the duty of the City Manager to perfonn such other duties and exercise such

other powers as may be delegated to him or her from time to time by ordinance, resolution, or other action of the CiJy"Council.

Sec. 2-3.126 Removal: NetieeSusDension. UlL-The removal or temporary suspension of the City Manager shall be only upon an

affinnative vote of three or more luembers of the . ounc ' l tlwee fifths (3/5) vate af tl,8 whale CauAcil , in a regular or special City Council meeting, at the sol discretion of the~t unci I with or withQut cause and~h ut ri hi appeal.duriHg the first )'ear af his teHure af a]l]laiHtmeHt aHd aAly upaH a ¥aur fifths (4 /5) vale af the whale CauHcil , iH a regular CauHcil meetiHg, after tHe first year af his teHure af a]l]laiAtmeAt, subject, hawever, la the fJf9visiaHs af £ectiaAs ? 3.127

tllre~gll 2 3.130 ef Ihis artiele. IA Ille evenl ef his inlenaea relReval ey Ille Ce~Aei l ,

Ille Cil)' Manager shall ee tlirA isl,ea wilh a written neliee slaling the Ce~nei l"s

inlentien Ie relReve hi FA, ana Ihe reaseA therefer, at least tllirt)· (30) aa)'s eefere Ihe effeetive aate ef his reFAeval.

(b) The [em oval o[ temporary suspension of the City Manage[ shall be subject to all lillJllicable laws and ordinances and applicable provisions of the City Manager Empio)l]nent Agreement.

See. 2 3.127 Re",s\'al: 5l::1spensisn penEiing hearing. After fuFAishiAg tile Cil)' Manager with the written netiee ef iAleAaea reFAe\'al , as set

fel1h in SeetieA 23.128 ef th is artiele, tile Ce~Aeil FRay s~speAa lIilR ii'eFA a~ty, e~t his eeFApensalien shall eentiA~e ~nlil his reFAe\'al ey rese l~ti en ef the Ce~Aeil passea s~eseEj~ent te a reEj~estea hearing.

See. 2 3.128 Rem8\,'ah Hearing. WithiA se\'en (7) aa)'s after the aelivery Ie tl,e City Manager eftlle netiee reEj~irea ey the

previsiens ef SeetieA 2 3. 128 ef this artiele, he FRay, e)' 'n'ritten AslitieatieA te the Cily Clerk, reEj~est a hearing eefere tile Ce~neil. Tllereafter the Ce~neil sllall Hll a time fe r tile hearing, whieh shall ee hela iA tile ~s~a l FAeet ing plaee ef Ihe Ce~Aeil aAa eefere the ellpiratien ef the tllirty (30) aay peRea, al , .... hiell tiFAe ana plaee tile City Manager sl,all appear aAa ee heara, witll er withe~t ee~Asel.

See. 2 3.129 Reme"tal: CeuAeil aetioA. In reFAevi ng the City MaAager, the Ce~neil sllall ~se its ~neenlrellea aiseretien, ana its

aelien shall ee Hnal aAa shall nel aepena ~peA any partie~laF shewing er aegree ef preef at Ihe hearing, the p~rpese efwhieh is te peRRit tile City Manager te presenIle the Ce~neil ll is gJ'e~nas

efeppesitien te his reFAeval prier te tl,e aelien efllle Ce lolAeil.

Sec. 2-3.13021 Removal: Limitation. Notwithstanding the provisions of Sections 2-3 .126 tl!:-e~gll 2 3. I?9 of this aArticle, the

City Manager shall not be removed from office. other than for gross misconduct during or within a period of ninety (90) days next succeeding th . ltmen! of a new Counci l Member QLany general municipal election held in the City at which election a member of the ~ Council is elected. The purpose of this provision is to permit any newly-appointed or elected member of the ~Council to observe the actions and ability of the City Manager in the performance of the powers and duties of his or her office. After the ellpiralieA ef s~el, ninety (90) aay periea, tile previsiens ef Seetiens 2 3 .128 tl,re~gh ? 3. I?9 ef this artiele as Ie the reFAeval ef the Cit)' Manager shall apply ana ee effeetive.

Sec. 3-128 Employment Agreement. N thin in thi s Article shall be

Cit teons


TO: Mayor Villa Ita and City Council Members

FROM: Sonya William~A~counting & Budget Supervisor

DATE: June 19, 2013

SUBJECT: Adopt a Resolution Approving Amendment 01 to Contract No. 2011099 between Merced County and the City of Los Banos and Authorizing the City Manager to Execute the Amendment

TYPE OF REPORT: Non Consent Agenda

Recommendation:

Staff recommends that the City Council adopt a Resolution Approving Amendment 01 to Contract No. 2011099 between Merced County and the City of Los Banos and Authorizing the City Manager to Execute the Amendment

Discussion:

In June 2011, the Police Chief brought forward an MOU to obtain the services provided by the County for the collection of past due booking fees. Since that time the County has collected approximately $26,000 in past due booking fees. There are very few mechanisms in place to collect on overdue Administrative Citations. County resources are much more extensive including specified training, increased staffing levels, and the ability to utilize the Franchise Tax Board's Court Ordered Debt Collection Program and their Interagency Intercept Collection Program.

Currently the City has 229 uncollected Administrative Citations totaling over $42,850 in uncollected revenue. The County will provide services to include collection of Administrative Citations and continued collections for jail booking fees. The County will

assess a fifteen percent (15%) collection fee to each citation for collection services. When collected, the County will retain the 15% collection fee and the City will retain the full amount of the original citation.

The term of the agreement will be for one (1) year, commencing on July 1, 2013 and ending June 30, 2014. The contract can be renewed annually.

The City Attorney has reviewed, commented and approved the attached MOU.

Fiscal Impact:

There is no expense associated with this MOU. Merced County Revenue and Reimbursement will assess an administrative fee in addition to the City fee to each outstanding account.

Reviewed by:

~mg,", C"y M'm,,,"

Attachments:

Resolution Resolution No. 5325 Amendment 01 to Contract No. 2011099 Contract No. 2011099

RESOLUTION NO. __

A RESOLUTION OF THE CITY OF LOS BANOS APPROVING AMENDMENT 01 TO CONTRACT NO. 2011099 BETWEEN MERCED COUNTY AND THE CITY OF LOS BANOS AND AUTHORIZING THE

CITY MANAGER TO EXECUTE THE AMENDMENT

WHEREAS, pursuant to Resolution No. 5325, the City of Los Banos entered into an agreement with the Merced County to for collection of booking fees from the Los Banos Police Department (LBPD) arrests; and

WHEREAS, there has been presented to the City Council of the City of Los Banos an amendment to Contract No. 2011099 with the Merced County to include the collection of Administrative Citations; and

WHEREAS, at no cost to the City of Los Banos, the County of Merced will provide a fee collection services for the recovery of Administrative Citations issued by the City of Los Banos; and

WHEREAS, payment to Merced County for such services will be recovered by a fee to each individual assessed the Administrative Citations;

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos approves Amendment 01 to Contract No. 2011099 and authorizes the City Manager to execute the amendment.

The foregoing resolution was introduced at a regular meeting of the Los Banos City Council held on the 19th day of June 2013, by Council Member who moved for its adoption, which motion was duly seconded by Council Member ______ , and the Resolution was adopted by the following vote:

AYES: NOES: ABSENT:

APPROVED:

Michael Villalta, Mayor ATIEST:


RESOLUTION NO. 5325

A RESOLUTION OF THE CITY OF LOS BANOS AUTHORIZING THE CHIEF OF POLICE TO ENTER INTO AN AGREEMENT WITH THE MERCED COUNTY REVENUE AND REIMBURSEMENT DEPARTMENT REGARDING COLLECTION OF BOOKING FEES FROM LOS BANOS POLICE DEPARTMENT (LBPD) ARRESTS

WHEREAS, the Superior Court of Merced County charges a fee to persons arrested by the lBPD; and

WHEREAS, there has been presented to the City Council of the City of los Banos a proposal to enter into an agreement (Exhibit A) with the Merced county Revenue and Reimbursement Department; and

WHEREAS, at no cost to the City of los Banos, the County of Merced will provide a fee collection service for the recovery of the Superior Courts, los Banos booking fees,

WHEREAS, payment to Merced County for such services will be recovered by a fee to each individual assessed the booking fee.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of los Banos authorizes the Chief of Police to enter into an agreement with Merced County Revenue and Reimbursement regarding collection of booking fees from LBPD arrests. A new "Booking Fee" revenue account has been established (100-000-342-050) to track funding received.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 1" day of June 2011, by Council Member Stone who moved its adoption, which motion was duly seconded by Council Member Silveira and the Resolution adopted by the following vote:

AYES: NOES: ABSENT:

ATTEST:

Council Members Faria, Silveira, Sousa, Stone, Mayor Villa Ita None None

APPROVED:

'£~ 'I. J.ka~ lucille L Mallonee, City Clerk

AMENDMENT 01 TO

CONTRACT NO. 2011099 BETWEEN

MERCED COUNTY AND

CITY OF LOS BANOS

THIS Amendment to Contract No. 2011099, is executed by and between the County of Merced, a political subdivision of the State of California, (hereinafter called "County"), and City of Los Banos, a Municipal Corporations (hereinafter called "City").

This Amendment is hereby annexed to and made a part of the printed part of the Agreement to which it is attached, or modifies the existing Agreement between the parties. In each instance in which the provisions of this Amendment shall contradict or be inconsistent with the provisions of the printed portion of the original Agreement and any previous amendments, the provision of this Amendment shall prevail and govern and the contradicted or inconsistent provisions shall be deemed amended accordingly. Both parties agree that there is new and adequate consideration for this Amendment.

This Amendment shall be deemed to have been duly approved when executed by both parties to the original Agreement. Once duly approved, this Amendment shall become effective as of the date signed by the Chairman of the Merced County Board of Supervisors.

MODIFICA nONS:

I. Paragraph 2, page I, is amended to read as follows:

WHEREAS, City and County desire to contract for special services which consist of collection services as described herein below and desire to set forth their rights, duties and liabilities in the services to be performed; and

2. Paragraph 3, page I, is amended to read as follows:

WHEREAS, County represents that it is specially trained, experienced, and competent to perform such services in connection with the collections of fees as described herein below; and

3. Section I, entitled "SCOPE OF SERVICES", is amended to read as follows:

County shall diligently provide for the collection of Los Banos fees including, but not limited to, court ordered jail booking fees and citations through the Revenue and Reimbursement Division ofthe Treasurer - Tax Collector Department by any or all of the following processes deemed reasonable and appropriate by the Revenue and Reimbursement Division: sending of letters, attempting phone contact, setting up payment plans, use of the Franchise Tax Board Court Ordered Debt Collection Program, and use of the Franchise Tax Board Tax Interagency Intercept Collection program. Each month, County shall send City a check and a report for all Los Banos fees collected during the preceding month; City shall provide the amount of the fees and all debtor information for each fee assigned to Revenue and Reimbursement for collection, in accordance with the terms and conditions stated herein.

4. Section 2, entitled "TERM", is amended to add as follows:

MERCED COUNTY CONTRACT NO. 20 II DCJCj

The tenn of this Agreement shall be for an additional one (1) year commencing on the I ~ day of July, 2013 and shall continue until the 30th day of June, 2014, unless sooner terminated in accordance with the sections entitled "TERMINATION FOR CONVENIENCE" or "TERMINATION FOR CAUSE", as set forth elsewhere in this Agreement.

5. Section 3, entitled "COMPENSATION", is amended to read as follows:

As full compensation for services provided by the Coun1y to the Ci1y, Coun1y shall assess and collect "collection fees" in accordance with and as listed in the Merced Coun1y Revenue and Reimbursement Fee Schedule, as set forth in Merced Coun1y Code, Chapter 5.38, section 5.38.140, from each fee account in addition to each fee assessed. Upon collection of the fee, the collection fee shall be applied frrst to the compensation to the Coun1y for services provided herein.

6. Section 5, entitled "TERMINATION FOR CONVENIENCE", Paragraph 2, is amended to read as follows:

Upon effective date of termination, Coun1y shall have no further liabili1y to Ci1y except for payment to Ci1y of actual receipt by Coun1y of fees not yet remitted to the Ci1y, less the collection fee. Ci1y shall have no further liabiJi1y to Coun1y except for the reasonable costs, if any, associated with transferring the collection of the fees back to the Ci1y.

7. Section 22, "DISPUTES", will be removed in its entire1y.

Except as herein modified, all terms and conditions in said Agreement as heretofore approved remain unchanged and in full force and effect.

County of Merced

BY:~~~ Deidre F. Kelsey =0

Chair, Board of Supervisors

MAY 2 1 2013 Date ~ ___________ _ Date

APPROVED AS TO LEGAL FORM MERCED COUNTY COUNSEL

BY:

City of Los Banos

By: __ ~ __________________ _

Signature

Title

Date: ____________ _

MEMORANDUM OF UNDERSTANDING BETWEEN

MERCED COUNTY AND

CITY OF LOS BANOS CONTRACT NO. ____ _

THIS AGREEMENT, is made and entered into by and between the County of Merced, a political subdivision of the State of California, (hereinafter referred to as "County"), and the City of Los Banos a Municipal Corporation, (hereinafter referred to as "City").

WHEREAS, City and County desire to contract for special services which consist of collection of court ordered jail booking fees as described herein below and desire to set forth their rights, duties and liabilities in the services to be performed; and

WHEREAS, County represents that it is specially trained, experienced, and competent to perfornl such services in connection with collection of court ordered jail booking fecs as described herein below; and

WHEREAS, City is willing to pay Merced County in support of such services under the terms and conditions set forth herein.

WHEREAS, No official or employee of City or County has a financial interest, within the provisions of Califomia Govemmen! Code, Sections 1090-1092, in the subject matter of this agreement.

NOW, THEREFORE, in consideration of tbe mutual covenants and promises herein contained, the parties hereby agree as follows:

1. SCOPE OF SERVICES: County shall diligently provide for the collection of all Los Banos court ordered jail booking fees through the Revenue and Reimbursement Division of the Treasurer - Tax Collector Department by any or all of the following processes deemed reasonable and appropriate by the Revenue and Reimbursement Division; sending of letters, attempting phone contact, setting up payment plans, use of the Franchise Tax Board Court Ordered Debt Collection Program, and use of the Franchise Tax Board Tax Interagency Intercept Collection Program; each month County shall send City a check for and a report for all Los Banos jail booking fees collected during the preceding month; City shall provide the amount of the jail booking rees and all debtor information for each fee assigned to Revenue and Reimbursement for collection; in accordance with the terms and conditions stated herein.

2. TERM: The term ofthis Agreement shall be for one year commencing on the 1st day of July, 2011. This term of this Agreement shall automatically extend for an additional one year term on the anniversary of the commencement date, unless sooner terminated in accordance with the sections entitled "TERMINATION FOR CONVENIENCE", OR "TERMINATION FOR CAUSE", as set forth elsewhere in this Agreement on the same terms, and conditions as set forth in this Agreement.

3. COMPENSATION: As full compensation for services provided by the County to City, County shall assess and collect "collection fees", in accordance with and as listed in the Merced County Revenue and Reimbursement Fee Schedule, Merced County Ordinance 1878, and as thereafter amended, from each jail booking fee account in addition to each court ordered jail booking fee assessed. Upon

··"Til '"')I/".j". r·t·INl'j' "'>j "J 201/ ~C, q '''\ , .• I _-,I ~!\\. Ilt' __ ~~_J._

collection of the court ordered jail booking fee the collection fee shall be applied first to the compensation to the County for services provided herein.

4. NOTICES: All notices, requests, demands or other communications under this Agreement shall be in writing. Notice shall be sufficiently given for all purposes as follows: A. Personal Delivery. When personally delivered to the recipient, notice is effective upon

delivery.

B. First Class Mail. When mailed first class to the last address ofthe recipient known to the party giving notice, notice is effective three mail delivery days after deposit in a United States Postal Service office or mailbox.

C. Certified Mail. When mailed by certified mail, return receipt requested, notice is effective upon receipt, if delivery is confirmed by a return receipt.

D. Overnight Delivery. When delivered by an overnight delivery service, charges prepaid or charged to the sender's account, notice is effective 011 delivery, if delivery is confirmed by the delivery service.

E. Facsimile Transmission. When sent by fax to the last fax number ofthe recipient known to the party giving notice, notice is effective upon receipt, provided that: a) a duplicate copy of the notice is promptly given by first class mail or certified mail or by overnight delivery, or b) the receiving party delivers a written confmnation of receipt. Any notice given by fax shall be deemed received on the next business day if received after 5:00 P.M. (recipient's time) or on a non-business day.

Any correctly addressed notice that is refused, unclaimed or undeliverable because of an act or omission of the party to be notified shall be deemed effective as of the first date that the notice was refused, unclaimed or deemed undeliverable by the postal authorities, messengers or overnight delivery service.

Information for notice to the JYdrties to this Agreement at the time of endorsement of this Agreement is as follows:

County of Merced clo Revenue & Reimbursement Officer 2222 M Street Merced, CA 95340

City of Los Banos clo Chief of Police 945 Fifth Street Los Banos, CA 93635

Any party may change its address or fax number by giving the other party notice of the change in any manner permitted by this Agreement.

5. TERMINATION FOR CONVENIENCE: This Agreement, notwithstanding anything to the contrary herein above or hereinafter set forth, may be tenninated by either party at any time without cause or legal excuse by providing the other party with ninety (90) calendar days written notice of such termination.

Upon effective date of termination, County shall have no further liability to City except for payment to City of actual receipt by County of booking fees not yet remitted to the City, less the collection fee. City shall have no further liability to County except for the reasonable costs, if any, associated with transferring the collection of the booking fees back to City.

2

6. TERMINATION FOR CAUSE: Either party may terminate this Agreement for cause by mailing a written notice to the other party by certified mail with a return receipt. Said notice, by either party, shall, with specificity, identitY the cause(s) for termination under this section. Upon receipt of a termination notice by either party, no further work shall be completed or performed by County except that which is reasonably necessary to protect both parties interest against third parties. In the event of a termination pursuant to this section, County shall deduct its collection fees from any booking fees otherwise due City and the balance, if any, shall be paid to City.

7. COMPENSATION AND LlABILITY FOR DAMAGES UPON TERMINATION: County shall be entitled to receive compensation for any work completed prior to issuance ofthe notice of termination. Neither party, however, shall be relieved of liability to the other for damages sustained by either party by virtue of any breach of this Agreement, regardless of whether this Agreement was terminated at will or for cause.

8. INDEPENDENT CONTRACTOR: It is understood that City retains County on an independent contractor basis and County is not an agent or employee of City. lbe manner and means of conducting the work are under the control of County, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for County or any of County's employees or agents, to be the agents or employees of City. County shall have the responsibility for and control over the means of performing the work, provided that County is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct County as to the details of the performance or to exercise a measure of control over County shall mean only that County shall follow the desires of City with respect to the results of the services.

9. MODIFICATION OF THE AGREEMENT: Notwithstanding any of the provisions of this Agreement, the parties may agree to amend this Agreement. No alteration or variation ofthe terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. No oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto.

10. INDEMNIFICATION: City shall indemnifY, defend and hold harmless the County, its governing board, hoard members, supervisors, officers, employees and agents, from and against any claims, damages, costs, expenses, including any amount equal to reasonable attorney's fees, or liabilities arising out of or in any way connected with this Agreement, including, without limitation, claims damages, expenses, or liabilities for loss or damage to any property, or for death or injury to any person or persons in proportion to and to the extent that such claims, damages, expenses, liabilities or losses arise from the negligence or willful acts or omissions of City, its officers, employees or agents.

County shall indemnify, defend and hold harmless the City, its governing board, board members, supervisors, officers, employees and agents, from and against any claims, damages, costs, expenses, including any amount equal to reasonable altomey's fees, or liabilities arising out of or in any way connected with this Agreement, including, without limitation, claims damages, expenses, or liabilities for loss or damage to any property, or for death or il1iury to any person or persons in proportion to and to the extent that such claims, damages, expenses, liabilities or losses arise from the negligence or willful acts or omissions of County, its officers, employees or agents.

11. ENTIRE AGREEMENT: This Agreement and any additional or supplementary document or documents incorporated herein by specific reference contain all the terms and conditions agreed UpOIl by the parties hereto, and

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no other contracts, oral or otherwise, regarding the subject matter of this Agreement or any part thereof shall have any validity or bind any ofthe parties hereto.

12. COMPLIANCE WITH STATE LAWS AND REGULATIONS: The parties agree to comply with all State laws and regulations that pertain to construction, health and safety, labor, minimum wage, fair employment practice, equal opportunity, and all other matters applicable to the parties, their sub-grantees, contractors, or subcontractors, and their work.

13. APPLICABLE LAW; VENUE: All parties agree that this Agreement and all documents issued or executed pursuant to this Agreement as well as the rights and obligations of the parties hereunder are subject to and governed by the laws of the State of California in all respects as to interpretation, construction, operation, effect and perfoonance. No interpretation of any provision ofthis Agreement shall be binding upon County unless agreed in writing by County and counsel for County.

Notwithstanding any other provision of this Agreement, any disputes concerning any question of fact or law arising under this Agreement or any litigation or arbitration arising out of this Agreement, shall be tried in Merced County, unless the parties agree otherwise or are otherwise required by law.

14. WAIVER: Waiver by either party of any default, breach or condition precedent shall not be construed as a waiver of any other default, breach or condition precedent, or any other right hereunder.

15. BREACH OF CONTRACT: Upon breach of this Agreement by either party, either party shall have all remedies available to it both in equity and/or at law.

16. SUCCESSORS IN INTEREST: All the teons, covenant, and conditions of this Agreement shall be binding and ill full force and effect and inure to the benefit of the successors in interest and assigns ofthe parties hereto. This paragrapb shall not be deemed as a waiver of any of the conditions against assignment set forth herein.

17. NONDISCRIMINATION IN EMPLOYMENT. SERVICES. BENEFITS AND FACILITIES: The parties and any subcontractors shall comply with all applicable federal, state, and local Antidiscrimination laws, regulations, and ordinances and shall not unlawfully discriminate, harass, or allow harassment against allY employee, applicant for employment, employee or agent of the other party because of race, ancestry, marital status, color, religious creed, political belief, national origin, ethnic group identification, sex, sexual orientation, age (over 40), medical condition (including HIV and AIDS), or physical or mental disability. Each party shall ensure that the evaluation alld treatment of its employees and applicants for employment, the treatment of the other party's employees alld agents, and recipients of services are free from such discrimination and harassment.

The parties represent that they are in compliance with and agree that they will continue to comply with the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.), the Fair Employment and Housing Act (Government Code §§ J 2900 et seq.), and regUlations and guidelines issued pursuant thereto.

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The parties shall include this nondiscrimination provision in all subcontracts related to this Agreement.

18. CAPTIONS: The captions of each paragraph in this Agreement are inserted as a matter of convenience and reference only, and in no way define, limit, or describe the scope or intent of this Agreement or in any way affect it.

19. ASSIGNMENT: The parties shall not assign this Agreement, or any part thereof, or interest therein, directly or indirectly, voluntarily or involuntarily, to any person without obtaining the prior written consent of the other party.

20. SEVERABILITY: If a court of competent jurisdiction holds any provision of this Agreement to be illegal, unenforceable or invalid, in whole or in part, for any reason, the validity and enforceability of the remaining provisions, or portion of them, will not be affected.

21. DUPLICATE COUNTERPARTS: This Agreement may be executed in duplicate counterparts, each of which shall be deemed a duplicate original. The Agreement shall be deemed executed when it has been signed by both parties.

22. DISPUTES: In the event of any dispute arising out of or relating to this Agreement, the parties shall attempt, in good faith, to promptl resolve the dispute mutually between themselves. If the dispute cannot be resolved by mutu a reement nothing herein shall preclude either party's right to pursue remedy or relief by c i alio ,pu uant to th ·Iaws of the State of California.

City of Los Banos

By 1?3J~r Chief of Police

JUN 28 2010 Dated

G,JII Dated

APPROVE AS TO LEGAL FORM MERCED UNTY COUNSEL

By ____ ~-------------

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LOS Banos 2& L .& m


Date: June 14, 2013


Proposal: Use Permit #2013-09 - Dollar General

NOTICE IS HEREBY GIVEN THAT a Public Hearing will be held by the Los Banos Planning Commission to consider a Use Permit for the use of a Type 20 alcohol license to permit the off-sale of beer and wine. The requested Use Permit is for Dollar General Market located at 1989 E. Pacheco Blvd., Ste. E, more specifically described as Assessor's Parcel Number: 083-140-028.

A PUBLIC HEARING on this matter will be held at the next scheduled meeting of the Planning Commission to consider a recommendation to the Los Banos City Council on Wednesday, June 26, 2013 at 7:00 p.m. in the Council Chambers of Los Banos City Hall located at 520 "J" Street. Questions regarding the above-referenced item may be directed to Paula Fitzgerald, AICP, Community Development Director at City Hall or at (209) 827-7000, Ext. 114.



~4z~ Assistant Planner

LOS Banos £ - &


Date: June 14, 2013


Proposal: Use Permit #2013-10

NOTICE IS HEREBY GIVEN THAT a Public Hearing will be held by the Los Banos Planning Commission to consider a Use Permit to allow the use of an ambulance facility operated by Riggs· in the Professional Office zoning district The subject property is located at 701 Second Street; more specifically described as Assessor's Parcel Number: 025-053-001.

A PUBLIC HEARING on this matter will be held at the next scheduled meeting of the Los Banos Planning Commission on Wednesday, June 26,2013 at 7:00 p.m. in the Council Chambers of Los Banos City Hall located at 520 "J" Street Questions regarding the above-referenced item may be directed to Paula Fitzgerald, AICP, Community Development Department Director at City Hall or at (209) 827-7000, Ext. 114.

Persons wishing to provide oral comments on the described proposal may do so at this meeting or may provide written comments on this matter prior to the public meeting. Written comments may be sent by U.S. Mail or hand delivered to the City of Los Banos City Hall at 520 "J" Street, Los Banos, California 93635. If no comments are received prior to or on the above date, it will be assumed that no comments are being offered. The public is also informed that should this matter, at some future date go to court, testimony shall be limited to only those issues raised at the public hearing or in written correspondence delivered to the City prior to, or at, the public hearing per Government Code Section 65009.


~~~ Assistant Planner

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LOS Banos · 19/06/2013 · 141704 05/31/2013 County of Santa Clara AP 244.26 141705 05/31/2013 LN...

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