LOS Banos · 2013-01-02 · LOS Banos At the Crossroads ofCalifOlllia AGENDA CITYCOUNCIL MEETING...

LOS BanosAt the Crossroads of CalifOlllia

www.losbanos.org

AGENDA

CITY COUNCIL MEETING

CITY HALL COUNCIL CHAMBERS520 J Street

Los Banos, California

JANUARY 2, 2013

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

The City of Los Banos complies with the Americans with Disabilities Act (ADA) of 1990.* * * * * * * ** * * * * * * *

Si requiere asistencia especial para atender 0 participar en esta junta por favor lIame a la oficinade la Secretaria de la ciudad al (209) 827-7000 a 10 menos de 48 horas previas de la junta.

La Cuidad de Los Banos cumple con la Acta de Americanos con Deshabilidad (ADA) de 1990.

Any writings or documents provided to a majority of the City Councilregarding any item on this agenda will be made available for public inspection at the meeting

and in the City Clerk's offICe located at City Hall, 520 J Street, Los Banos, Califomiaduring normal business hours. In addition, such writings and documents may be posted

on the City's website at www.losbanos.org.* * * * * * * ** * * * * * * *

Cualquier escritura 0 los documentos proporcionaron a una mayoria del Ayuntamiento respecto a cualquierarticulo en este orden del dia sera hecho disponible para la

inspecci6n publica en la reuni6n y en la oficina de la Secretaria de la ciudad en City Hall, 520 J Street, Los Banos,California durante horas de oficina normales. Ademas, tales escrituras y los documentos

pueden ser anunciados en el website de la ciudad en www./osbanos.org.

1 CALL TO ORDER. 7:00 PM

2, PLEDGE OF ALLEGIANCE.

3 ROLL CALL. (City Council Members)

Faria _, Lewis __' Silveira_, Stonegrove _, Vii/alta _

4. CONSIDERATION OF APPROVAL OF AGENDA.

5 PUBLIC FORUM. (Members of the public may address the City Council Memberson any item of public interest that is within the jurisdiction of the City Council;

Los Banos City Council Agenda - January 2, 2013 0f4

includes agenda and non-agenda items. No action will be taken on non-agendaitems. Speakers are limited to a five (5) minute presentation Detailed guidelinesare posted on the Council Chamber informational table.)

6. PRESENTATIONS.

A. Proclamations Recognizing:

1) Dave Anderson - Airport Advisory Commission2) Alan Wilber - Airport Advisory Commission3) Daniel Beasworrick - Airport Advisory Commission4) Dean Young - Culture & the Arts Commission5) Colleen Menefee - Culture &the Arts Commission6) Kathy Ballard - Economic Development Advisory Committee7) Shirley Napolitano - Economic Development Advisory Committee8) John Castillo - Parks & Recreation Commission9) Dionysious L. Jones Lilledahl- Parks &Recreation Commission10) Lori Brandt - Parks & Recreation Commission11) Arkady Faktorovich - Planning Commission12) Tom Mello - Planning Commission13) Susan Toscano - Planning Commission14) Carolann DeMoss - Tree Committee15) Barbara Mello - Tree Committee

7 CONSIDERATION OF APPROVAL OF CONSENT AGENDA. (Items on theConsent Agenda are considered to be routine and will be voted on in one motionunless removed from the Consent Agenda by a City Council Member)

A. Check Register for #138930 - #139188 in the Amount of $1,333,854.91

Recommendation: Approve the check register as submitted.

B Minutes for the November 7, 2012 City Council Meeting.

Recommendation: Approve the minutes as submitted.

C Minutes for the November 20,2012 Adjourned City Council Meeting.

Recommendation. Approve the minutes as submitted.

D City Council Resolution No. 5458 - Accepting the Grant Deed and Dedicationfrom Stonecreek Properties for Oliveira Park Located at the Corner ofOrtigalita and Cardoza Roads, APN 430-060-013.

Recommendation. Adopt the resolution as submitted.

8 PUBLIC HEARING. (If you challenge the proposed action as described herein incourt, you may be limited to raising only those issues you or someone else raised

Los Banos City Council Agenda - January 2,2013 0'4

at the public hearing described herein or in written correspondence delivered to theCity at, or prior to, the public hearing.)

A. Public Hearing - Consider Giving Staff Direction to Proceed with theAppointment of a Steering Committee and the Preparation of an EconomicDevelopment Strategic Plan. (Continued from December 19,2012)

1) City Council Resolution No. 5459 - Directing Staff to Move Forward withan Economic Development Strategic Plan.

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

9 PRESENTATION & REVIEW OF ORDINANCE NO 1105 - TEMPORARILYSUSPENDING THE COLLECTION OF THE REGIONAL TRANSPORTATIONIMPACT FEE (RTIF) ESTABLISHED BY ORDINANCE NO. 1031 AS AMENDEDAND CODIFIED IN TITLE 3, CHAPTER 18 OF THE LOS BANOS MUNICIPALCODE.

Recommendation. Receive staff report and direction from the City Council on how to proceed.

10. CONSIDERATION OF THE ADOPTION OF CITY COUNCIL RESOLUTION NO5460 - AUTHORIZING THE MAYOR TO EXECUTE FIRST AMENDMENT TOPROFESSIONAL SERVICES AGREEMENT FOR CITY MANAGERRECRUITMENT SERVICES WITH TERI BLACK & COMPANY, LLC.

Recommendation: Adopt the resolution as submitted.

11 CONSIDERATION OF APPOINTMENT OF TWO (2) CITY COUNCIL MEMBERSTO THE ECONOMIC DEVELOPMENT ADVISORY COMMITTEE.

Recommendation. Appointments made by the Mayor with the consensus of the Council.

12 COUNCIL MEMBER AGENDA REQUESTS. (To see if there is a majorityconsensus to have staff expend time on the issue and to hear it at a futuremeeting.)

A. Request from Council Member Scott Silveira to Consider Having Staff Reviewand Recommend Changes to Chapter 2 - Commissions and Boards of theLos Banos Municipal Code in Its Entirety

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

13. ADVISEMENT OF PUBLIC NOTICES. (One Report)

14 CITY MANAGER REPORT

15 CITY COUNCIL MEMBER REPORTS.

Los Banos City Council Agenda - January 2, 2013 0'4

A Scott Silveira

B. Elizabeth Stonegrove

c. Tom Faria

D Deborah Lewis

E. Mayor Mike Villalta

16 ADJOURNMENT.

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

't~'-I.~Lucille L. Mallonee, City Clerk Dated this 2ih day of December 2012

Los Banos City Council Agenda - January 2, 2013 0'4

B kCK #13.89t30- #139188an }(econcIllalonChecks By Date

\2/26/20\2 - 2:32 PM

User: jdemelo

Cleared and Not Cleared Checks

$1,333,854.91

tosBanos

Check No Check Date Name Comment ModuleVoid Clear Date Amount

138930\3893\\38932138933138934138935138936138937\38938138939\3894013894\138942138943138944138945138946\38947138948138949138950138951138952138953138954138955138956138957138958138959138960138961138962138963138964138965138966\38967\38968\38969138970138971138972138973\38974138975138976\38977138978138979

12/14/201212/14/201212/14/201212/14/201212/14/2012\2/14/2012\2/14/2012\2/14/201212/\4/201212/14/201212/14/201212/14/201212/14/201212/14/201212/14/201212/14/201212/14/201212/14/201212/14/201212/14/201212/14/201212/14/201212/14/201212/14/20\2\2/14/201212/14/201212/14/2012\2/14/201212/14/201212/14/20\212/14/201212/14/201212/14/201212/14/201212/14/20\212/14/20 \2\2/14/201212/14/201212/14/2012\2/14/201212/14/201212/14/201212/14/201212/14/201212/14/201212/14/201212/14/201212/ \4/201212/14/201212/14/2012

Ameripride Valley Uniform ServAnthony Gomes Electric ServiceAramark Uniform Ser IncAT&TBackflow Apparatus & Valve Co.BSKCa Dept of JusticeCalifornia Dairies IncCalifornia Municipal StatisticClark Pest Control IncCredit Bureau AssociatesCritical Reach Inc.CSG Consultants Inc.City of Los Banos Escrow AccouCity of Los Banos UtilityDepat1ment of Public HealthElectrical Distributors Co.Ferguson Enterprises Inc DBAEdgar GodinezGrainger Pat1s OperationsHolt of CaliforniaLeague of Calif CitiesLehigh Hanson HeidelbergCementMerced County Association ofGMerced Uniform & AccessoriesNapa Auto PartsNorth Central LaboratoriesThe Office CityOSEO'Reilly Auto PartsOnTracP G & E CompanyPearson's JewelersPro Clean SupplyProtech Security & ElectronicsRadio Shack Accounts RecRecall Secure Destruction ServSJVUAPCDSave Mart SupermarketsSierra Chemical CoSilveria ElectricSol's Mobile ServiceSorensens True ValueSpriggs Inc.Chet StygarTire World Car Care Center, InTractor Supply Credit PlanUnited TextileUS Bank Corp Pymt SystemDavid Ocegueda

APAPAPAPAPAPAPAPAPAPAPAPAPAPAPAPAPAPAPAPAPAPAPAPAPAPAPAPAPAPAPAPAPAPAPAPAPAPAPAPAPAPAPAPAPAPAPAPAPAP

Void

262.86326.96660.23684.47227.02745.00

1,066.00412.06450.00

90.0012.00

200.0018,069.15

812.0010,750.51

70.0045.16

278.94240.00

80.66439.60

11,736.00641.08906.00829.63128.09I 17.38162.28367.42

2,161.5557.4420.9550.0062.51

180.0024.77

3\2.47\,385.00

\37.582,259.403,964.381,154.85

441.68692.8396.\955.00

834.28151.58

6,177.9450.28

BR - Checks by Date (12/26/20\2 - 2:32 PM) Page


138980 12/14/2012 John & Elizabeth Ceccarelli AP 17.05138981 12/14/2012 Donald & Kathy Cook AP 88.48138982 12/14/2012 Freddie Lewis AP 19.96138983 12/14/2012 Philip & Erlinda Catalan AP 38.70138984 12/14/2012 Jefferey Bruhn AP 25.45138985 12/14/2012 Ashakie & Derrick Washburn AP 39.01138986 12/14/2012 Bret Swain AP 22.57138987 12/14/2012 Ward Road Apartments, L.P. AP 3,553.55138988 12/14/2012 Anita Moreno AP 16.79138989 12/14/2012 Marlene Heredia AP 11.50138990 12/14/2012 Blanca Arismendez AP 9.41138991 12/14/2012 Natalia Ramirez AP 1.52138992 12/14/2012 Joel and Karina Cortez AP 6.75138993 12/14/2012 Luz Lopez AP 5.46138994 12/14/2012 Christina Jacquez AP 4.09138995 12/14/2012 Michelle Gonzalez AP 1.93138996 12/14/2012 SlItjit Singh Randhawa AP 2.88138997 12/14/2012 Nancy Blubaugh AP 4.61138998 12/1412012 Cheryl Harris AP 3.98138999 12/14/2012 Alvaro Reyes AP 2.72139000 12/14/2012 Kathy Sartor AP 10.91139001 12/14/2012 Kristie Shearer AP 4.61139002 12/14/2012 Jorge Luis & Margarita Vargas AP 3.35139003 12/14/2012 Nahum Rodriguez AP 1.52139004 12/1412012 Mayra Vargas-Iniguez AP 2.85139005 12/1412012 Gary & Kim Porta AP 6.72139006 12/14/2012 Anna Gomez AP 6.26139007 12/14/2012 David Aguilera AP 31.81139008 12/14/2012 Reynaldo Garibay, Sr. AP 29.38139009 12/14/2012 Nicole and Scott Lemos Upfold AP 2.64139010 12/14/2012 Tom & Rose Mmiinez Sr AP 64.85139011 12/14/2012 Westhill Property Mgmt AP 68.35139012 12/1412012 Jesus & Alma Velasquez AP 39.14139013 12/14/2012 Maria Simas AP 65.90139014 12/1412012 Giuliani Properties Inc. AP 14.76139015 12/14/2012 Home Sweet Home Property Mana AP 22.21139016 12/14/2012 Home Sweet Home Propetiy Mana AP 97.56139017 12/14/2012 Monique Galan AP 14.76139018 12/14/2012 PMZ Real Estate, Imelda Ruiz AP 24.50139019 12/14/2012 Joe & Patsy Marques AP 63.46139020 12/14/2012 Oswaldo Torres AP 27.77139021 12/14/2012 Niria Castillo AP 19.96139022 12/14/2012 Patricia & Jose De La Torre AP 65.90139023 12/14/2012 Francisca Sousa AP 31.81139024 12/14/2012 Daniel Song AP 46.42139025 12/14/2012 Ernestine Engman AP 32.64139026 12/14/2012 COllliney and Erin Lavering AP 22.07139027 12/14/2012 Ruth Estrada AP 4.84139028 12/1412012 Amina Alburati AP 11.28139029 12/1412012 Dante Williams AP 43.99139030 12/14/2012 David Cradall AP 61.04139031 12/14/2012 Maria Tavares AP 68.35139032 12/14/2012 Elsa Perez AP 26.94139033 12/14/2012 Malihe Amirsoleimani AP 63.47139034 12/1412012 Westside Water Conditioning AP 58.50139035 12/1412012 Windecker Inc AP 280.54139036 12/1412012 Young's Air Conditioning AP 431.89139037 12/14/2012 Zoom Imaging Solutions, Inc. AP 8.09139055 12/18/2012 Bank of America AP 4,282.70139056 12/18/2012 Bank of America AP 190.25139057 12/18/2012 Bank of America AP 434.34139058 12/18/2012 Napa Auto Pmis AP 123.09

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139059 12/18/2012 PERS - Public Employees AP 11 [,709.56139060 12/18/2012 Rey Reyna AP 50.93139085 1212012012 At1ac-Customer Service AP 171.24139086 12/20/2012 At1ac-Customer Service AP 158.15139087 12/20/2012 At1ac-Customer Service AP 40.95139088 12120/2012 At1ac-Customer Service AP 119.11139089 12/20/2012 Allied Waste Services #917 AP 262,083.08139090 1212012012 Ameripride Valley Uniform Serv AP 262.86139091 12/20/2012 Anthony Gomes Electric Service AP 125.00139092 12120/2012 Aramark Uniform Ser Inc AP 199.80139093 12/20/2012 Ascent Aviation Group, Inc. AP 27,377.16139094 [2/20/2012 AT&T AP 1,017.85139095 1212012012 Bank of America AP 73,468.03139096 12/20/2012 Bank of America AP 2,398.94139097 12/20/2012 Bank of America AP 10,624.93139098 12120/2012 B1's Consumers Choice AP 200.00139099 12/20/2012 Board of Equalization AP [,050.00139100 12120/2012 Brinks Inc. AP 4.01139/01 12/20/2012 California Dairies Inc AP 115.54139102 12/20/2012 Jesse Ceja AP 9.82139103 1212012012 CSJVRMA AP 125,212.00139104 12/20/2012 Comcast AP 87.19139105 12/20/2012 CPS AP 454.25139106 12120/2012 City of Los Banos ** AP 70.50139107 12/20/2012 Joe & Evelyn Miranda AP 493.50139108 12/2012012 Dutra's AP 24.00139109 12/2012012 Electrical Distributors Co. AP 12.90139110 12/20/2012 Employee Relations, Inc. AP 50.00139111 12/20/2012 Fastenal Company AP 474.60139112 12/20/2012 Food 4 Less AP 110.161391/3 12/20/2012 GCS Environmental Equipment Se AP 403,329.00139114 12/20/2012 Edgar Godinez AP 48.00139115 12/2012012 Hartford Life Ins Co AP 835.34139116 12/20/2012 Hartford Life Ins Co AP 4,402.501391 [7 12120/2012 Heppner Precision Machine AP 85.98139118 12/20/2012 Home Depot AP 1,985.63139119 12/20/2012 ICMA-RC Headquarters AP 555.00139120 12/20/2012 J W Professional Janitor AP 5,048.00139121 12/2012012 K Mart W 3764 AP 6.60139122 12/20/2012 Kagome AP 500.00139123 12/20/2012 Liebert Cassidy Whitmore AP 1,360.00139124 12/20/2012 Los Banos Express Oil & Lube AP 333.97139125 12/20/2012 Los Banos Fitness & AP 755.00139126 12/20/2012 Los Banos Police Assn AP 2,2[ 7.00139127 12/2012012 Brad Raymond Lustick AP 5,599.33139128 12/2012012 Marfab Inc AP 318.33139129 1212012012 Merced County Environmental He AP 3,146.00139130 12/20/2012 Merced County Law Enforcement AP 100.00139131 12/20/2012 Merced County Recorders AP 55.00139132 12/20/2012 Merced Sun Star AP 726.09139133 12/20/2012 Mobile Communications Inc AP 4,052.16139134 12/20/2012 Victor Middleton AP 63.00139135 12/20/2012 Napa Auto Parts AP 414.90139136 1212012012 Nextel AP 941.41139137 12/20/2012 The Office City AP 80.93139 [38 12120/2012 OSE AP 239.82139139 12/20/2012 Adela O'Toole AP 110.00139140 12/20/2012 P G & E Company AP 3,173.93[39141 12120/2012 Pacheco Veterinary AP 70.50139142 12/20/2012 Nationwide Retiremt Solut AP 1,690.00139143 12/20/2012 PERS - Public Employees AP 1[1,650.35139144 12/20/2012 PERS Long Term Care AP 136.03

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139145 12/20/2012 Pitney Bowes Inc AP 732.00139146 1212012012 Professional Fire Fighter AP 585.00139147 12/20/2012 Anabel Quintero AP 50.00139148 12/20/2012 Radio Shack Accounts Rec AP 9.15139149 12/20/2012 Ricoh USA, Inc. AP 657.20139150 12/20/2012 Springbrook Software, Inc. AP 864.00139151 12/20/2012 Sorensens True Value AP 144.53139152 12/20/2012 Spriggs Inc AP 128.41139153 12/20/2012 State Disbursement Unit AP 2,336.50139154 12/20/2012 Larry Popolizio AP 295.28139155 12/20/2012 U.S. Bank Equipment Finance AP 243.22139156 12/20/2012 Susana Centeno AP 2.00139157 12/20/2012 Andrea Brandt AP 72.38139158 12/20/2012 Jerri Teny Realty AP 63.46139159 12/20/2012 Kimberly Ann Turner AP 73.06139160 12/20/2012 Westhill Property Mgmt AP 50.95139161 1212012012 Joe & Maria Ribeiro AP 56.01139162 12/20/2012 Home Sweet Home Property Mana AP 3.27139163 12/20/2012 PMZ Real Estate, Imelda Ruiz AP 70.79139164 12/20/2012 Ben & Eleanor Denice AP 70.79139165 12/20/2012 I-larnam Bhullar AP 21.91139166 12/20/2012 Nelsa Alexandre AP 18.66139167 12/20/2012 Premier Acquisitions LLC AP 84.18139168 12/20/2012 Michael Boffa AP 73.06139169 12/20/2012 Salustiano Bettencourt AP 4.36139170 12/20/2012 Marie Kennedy AP 80.01139171 12/20/2012 Don Newton AP 12.18139172 12/20/2012 Ming Fan AP 31.81139173 12/20/2012 Cynthia Hernandez AP 73.06139174 12120/2012 California Equity Management AP 70.79139175 12/2012012 Silva Family Trust AP 73.06139176 12/20/2012 Altisource Solutions, Inc. AP 64.29139177 12/20/2012 Odenberg Inc. AP 75.65139178 12120/2012 Aaron Amuchastegui AP 240.10139179 1212012012 Aaron Amuchastegui AP 125.31139180 12/20/2012 Richard and Nancy Huang AP 30.82139181 12120/2012 Kascom Enterprises AP 29.74139182 12/2012012 Jon Tooper AP 50.26139183 12/20/2012 Law Offices of William A Vaugh AP 6,161.25139184 1212012012 Westamerica Bank - Cafeteria P AP 7,928.68139185 12/20/2012 Westside Water Conditioning AP 124.50139186 12/20/2012 Young's Air Conditioning AP 98.00139187 12120/2012 Young's Automotive AP 3,056.70139188 12/21/2012 Westamerica Bank - Cafeteria P AP 54,871.75

Total for Valid Checks: 1,333,854.91

Break in Check Sequence clue to the foJ]owingCheck # 139038-139054, 139061-139084 (payroll checks)

BR - Checks by Date (12/26/2012 - 2:32 PM)

Total Valid Checks:Total Void Checks:

Total Checks:

Page

217I

218

4

CITY OF LOS BANOSCITY COUNCIL MEETING MINUTES

NOVEMBER 7, 2012

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

CALL TO ORDER: Mayor Villalta called the City Council Meeting to order at the hourof 7:01 p.m.

PLEDGE OF ALLEGIANCE: Police Commander Reyna led the Pledge of Allegiance.

ROLL CALL - MEMBERS OF THE CITY COUNCIL PRESENT: Council MembersTom Faria (arrived at 7:02 p.m.), Scott Silveira, Joe Sousa, Elizabeth Stonegrove,Mayor Michael VillaIta; Absent: None.

STAFF MEMBERS PRESENT: City Attorney Vaughn, City Clerk/AdministrativeServices Director Mallonee, City Treasurer/Accountant II Brazil, Acting CityManager/Police Chief Brizzee, Fire Chief Guintini, Police Commander Reyna,Accounting & Budget Supervisor Williams, Community Development Director Fitzgerald,and Information Technology Director Spalding.

CONSIDERATION OF APPROVAL OF AGENDA: Motion by Faria, seconded bySilveira to approve the agenda as submitted. The motion carried by the affirmativeaction of all City Council Members present.

PRESENTATION - VETERANS DAY PROCLAMATION. Mayor Villalta presented theproclamation to the veterans in attendance.

PUBLIC FORUM: MEMBERS OF THE PUBLIC MAY ADDRESS THE CITY COUNCILMEMBERS ON ANY ITEM OF PUBLIC INTEREST THAT IS WITHIN THEJURISDICTION OF THE CITY; INCLUDES AGENDA AND NON-AGENDA ITEMS.NO ACTION WILL BE TAKEN ON NON-AGENDA ITEMS. SPEAKERS ARELIMITED TO A FIVE (5) MINUTE PRESENTATION. DETAILED GUIDELINES AREPOSTED ON THE COUNCIL CHAMBER INFORMATIONAL TABLE. ERIK LIMON,Allied Waste, spoke regarding an award he was presenting to Taco Bell at 1571 W.Pacheco Boulevard and a check in the amount of $500 to the Los Banos Unified SchoolDistrict for their efforts in recycling and asked for prayers for the family of JaydenThomas who was a child in this community that recently passed away in a car accident.No one else came forward to speak and the public forum was closed.

CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Mayor Villalta requestedan oral report on item 70 - City Council Resolution No. 5439 - Awarding the Bid forThree (3) 2012/13 Model Medium Duty Trucks for the Public Works Department, whichPublic Works Director/City Engineer Fachin gave.

Motion by Faria, seconded by Stonegrove to approve the consent agenda as follows:City Council Meeting Minutes for August 15, 2012, September 19, 2012, October 3,2012; Check Register for #138022 - #138300 in the Amount of $1,664,891.23; CityCouncil Resolution No. 5438 - Fixing the Employer's Contribution Under the PublicEmployees' Medical and Hospital Care Act (PEMHCA) for 2013; City Council ResolutionNo. 5439 - Awarding the Bid for Three (3) 2012/13 Model Medium Duty Trucks for thePublic Works. Department; City Council Resolution No. 5440 - Approving andAccepting Parcel Map No. 2012-01 for Evergreen Development Located at theSouthwest Corner of Santa Barbara Street and Highway 165, APN 082-072-023 (DollarGeneral Store); City Council Resolution No. 5441 - Authorizing the City to AccessFederal Level Criminal History Information for Non-Public Safety EmploymentApplicants. The motion carried by the affirmative action of all City Council Memberspresent.

ADVISEMENT OF PUBLIC NOTICES (Three Reports). Community DevelopmentDirector Fitzgerald stated that Public Hearings will be held by the Los Banos PlanningCommission on November 14,2012 at 7:00 p.m. at City Hall in the Council Chambers toconsider Tentative Parcel Map No. 2012-02 to subdivide approximately 1.4 acre$ into 3parcels in the Highway Commercial zoning district; a Vendor Permit to allow theoperation of one ice cream truck in the residential zoning districts; and a variation of asign standards set forth in the Los Banos Municipal Code for Los Banos Valero.

NOTICE AND ANNOUNCEMENT OF VACANCIES ON THE FOLLOWINGCOMMISSIONS/COMMITTEES: PLANNING COMMISSION FOUR (4)VACANCIES, PARKS & RECREATION COMMISSION .... THREE (3) VACANCIES,AIRPORT ADVISORY COMMISSION - THREE (3) VACANCIES, CULTURE & THEARTS COMMISSION - SIX (6) VACANCIES, ECONOMIC DEVELOPMENTADVISORY COMMITTEE - FOUR (4) VACANCIES, MEASURE P COMMITTEE TWO (2) VACANCIES. Motion by Silveira, seconded by Faria to authorize staff toadvertise the vacancies on the following commissions/committees: PlanningCommission - Four (4) Vacancies, Parks & Recreation C()mmission - Three (3)Vacancies, Airport Advisory Commission - Three (3) Vacancies, Culture & The ArtsCommission Six (6) Vacancies, Economic Development Advisory CommittE1e - Four(4) Vacancies, Measure P Committee - Two (2) Vacancies. The motion carried by theaffirmative action of all City Council Members present.

CITY MANAGER REPORT. No report.

CITY COUNCIL MEMBER REPORTS.

JOE SOUSA: Congratulated all the successful candidates, wished them all the best ofluck, and spoke of being proud of what he has accomplished during histerm on the CityCouncil.

ELIZABETH STONEGROVE: Gave her condolences and sympathy to the family ofJayden Thomas and spoke of an upcoming Wildcats-Tigers fundraiser football game on

Saturday, November 10, 2012 in the afternoon and a bake sale on Sunday, November11, 2012 at Rooney's Liquor to benefit the Thomas family.

TOM FARIA: Gave his condolences and sympathy to the Thomas family and all thoseinvolved, spoke of it being great to see Mr. Limon here and serving his community as heis a former student, congratulated the candidates on the election, noticed that the nextcouncil meeting is scheduled on Wednesday, November 21, 2012 the day beforeThanksgiving and suggested that Council consider changing the date.

SCOTT SILVEIRA: Congratulated the successful candidates and thanked CouncilMember Sousa for his service.

MAYOR MICHAEL VllLALTA: Thanked Council Member Sousa for his many years ofservice to the City Council, spoke regarding the candle light vigil that was held atPacheco High School for Jayden Thomas, how this town has always rallied in the faceof tragedy and success, and spoke of how drinking and driving is never worth it and howthis town came together to make sure this child was not forgotten.

ADJOURNMENT. City Attorney Vaughn explained the options available for holding thenext City Council meeting.

Motion by Faria, seconded by Silveira to adjourn the meeting at the hour of 7:23 p.m. toTuesday, November 20, 2012 at 7:00 p.m. to hold a regular City Council Meeting toconduct City business due to Thanksgiving Day holidays in the City Hall CouncilChambers, 520 J Street, Los Banos, California. The motion carried by the affirmativeaction of all City Council Members present.

APPROVED:

Michael Villalta, MayorATTEST:

Lucille L. Mallonee, City Clerk

CITY OF LOS BANOSADJOURNED CITY COUNCIL MEETING MINUTES

NOVEMBER 20, 2012

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

CALL TO ORDER: Mayor Villalta called the City Council Meeting to order at the hourof 7:01 p.m.

PLEDGE OF ALLEGIANCE: Police Commander Reyna led the Pledge of Allegiance.

ROLL CALL - MEMBERS OF THE CITY COUNCIL PRESENT: Council MembersTom Faria, Scott Silveira, Elizabeth Stonegrove, Mayor Michael Villalta; Absent: JoeSousa.

STAFF MEMBERS PRESENT: City Attorney Vaughn, City Clerk/AdministrativeServices Director Mallonee, City Treasurer/Accountant II Brazil, Fire Chief Guintini,Police Commander Reyna, Accounting & Budget Supervisor Williams, CommunityDevelopment Director Fitzgerald, and Information Technology Director Spalding.

CONSIDERATION OF APPROVAL OF AGENDA: Motion by Stonegrove, secondedby Silveira to approve the agenda as submitted. The motion carried by the affirmativeaction of all City Council Members present, Sousa absent.

PUBLIC FORUM: MEMBERS OF THE PUBLIC MAY ADDRESS THE CITY COUNCILMEMBERS ON ANY ITEM OF PUBLIC INTEREST THAT IS WITHIN THEJURISDICTION OF THE CITY; INCLUDES AGENDA AND NON-AGENDA ITEMS.NO ACTION WILL BE TAKEN ON NON-AGENDA ITEMS. SPEAKERS ARELIMITED TO A FIVE (5) MINUTE PRESENTATION. DETAILED GUIDELINES AREPOSTED ON THE COUNCIL CHAMBER INFORMATIONAL TABLE. GENEVABRETT, Los Banos, spoke regarding giving thanks for our verterans and soldiers whoare with us and those that have passed on, reminded all to make the holiday seasonbetter for everyone and shop local, spoke of the Century 21 annual Coats for Kidscampaign and canned food drive, the Downtown Christmas Parade on Friday,December 7,2012 and encouraged all to participate.

No one else came forward to speak and the public forum was closed.

CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Motion by Silveira,seconded by Faria to approve the consent agenda as follows: Check Register for#138301 - #138540 in the Amount of $2,187,842.98; Re-appointment of Mark Bodley toServe a Four (4) Year Term as the City's Representative on the Merced CountyMosquito Abatement District Board of Trustees; Los Banos Chamber of CommerceAnnual Christmas Parade & Street Closure Request in the Downtown Area, 6th Street

from Pacheco Boulevard to H Street, and H Street from 6th to yth Street, and K Streetfrom 5th to yth Street from 5:00 p.m. to 7:00 p.m. on Friday, December 7, 2012; CityCouncil Resolution No. 5442 - Approving Closure of Non-Essential City Offices onMonday, December 24, 2012 and Monday, December 31, 2012; City Council ResolutionNo. 5443 - Approving the Acceptance of a Grant From the California Office of TrafficSafety (OTS) and Amending the 2012-2013 Budget by Increasing the AppropriationAmount of the State Grant Fund Account for Expenditures and Revenues in the Amountof $20,000; City Council Resolution No. 5444 - Authorizing the Execution of anAgreement by the Acting City Manager for Comcast Metro Ethernet (Internet) Services.The motion carried by the affirmative action of all City Council Members present, Sousaabsent.

ADVISEMENT OF PUBLIC NOTICES (One Report). Community DevelopmentDirector Fitzgerald stated that a public hearing will be held by the Los Banos PlanningCommission on November 28, 2012 at 7:00 p.m. at City Hall in the Council Chambers toconsider a Use Permit for the use of a Type 21 alcohol license to permit the off-sale ofgeneral alcohol at 2260 E. Pacheco Boulev'ard.

CITY MANAGER REPORT. No report.

CITY COUNCIL MEMBER REPORTS.

ELIZABETH STONEGROVE: Spoke of the annual Breakfast with Santa on Saturday,December 8, 2012 at the community center, encouraged all to attend, and wishedeveryone a happy Thanksgiving.

TOM FARIA: Wished everyone a happy Thanksgiving, spoke of upcoming concerts,the Christmas parade on December 7, 2012 with an opportunity to see the bands, andasked for prayers for the safety of soldiers, sailors and airmen abroad.

SCOTT SILVEIRA: Spoke of the Christmas parade on December 7, 2012, Breakfastwith Santa on December 8, 2012, wished everyone a happy Thanksgiving, and askedeveryone to be safe during the holiday shopping.

JOE SOUSA: Absent.

MAYOR MICHAEL VILLALTA: Wished everyone a happy Thanksgiving.

CANCELATION OF THE REGULAR CITY COUNCIL MEETING SCHEDULED FORWEDNESDAY, NOVEMBER 21, 2012 DUE TO THE THANKSGIVING HOLIDAYS.Motion by Faria, seconded by Silveira to cancel the Regular City Council Meetingscheduled for Wednesday, November 21, 2012 due to the Thanksgiving holidays. Themotion carried by the affirmative action of all City Council Members present, Sousaabsent.

ADJOURNMENT. The meeting was adjourned at the hour of 7:11 p.m.

APPROVED:

ATTEST:


Michael Villalta, Mayor

LO Bano

TO:

FROM:

DATE:

Agenda Staff Report

Mayor & City Council Members

Mark Fachin, P.E., Public Works Director/City Engineer

January 2, 2013

SUBJECT: Acceptance of Grant Deed and Dedication from Stonecreek Propertiesto the City of Los Banos for Assessor's Parcel Number 430-060-013

TYPE OF REPORT: Consent Agenda

Recommendation:That the City Council adopt the Resolution accepting the Grant Deed and Dedicationfrom Stonecreek Properties for Assessor's Parcel Number 430-060-013.

Discussion:The Villages IV, Southbrook Phase 1A at Stonecreek is a residential subdivision thatincludes the 7.14 acre Oliveira Park. This Park is located in the StonecreekDevelopment west of Ortigalita Road and south of Cardoza Road.

Oliveira Park was constructed with the Villages IV, Southbrook Phase 1A at Stonecreeksubdivision in which the Final Map was recorded on June 2, 2006.

In November of 2012, the Public Works Department was notified by StonecreekProperties that the 7.14 acre Oliveira Park was never officially deeded to the City of LosBanos. The improvements to Oliveira Park were completed in 2006. Typically, on thedate of acceptance of the Subdivision Improvements, parks, basins, and combinationfacilities are deeded to the City. With the acceptance of the Grant Deed, this 7.14 acrePark will officially become City of Los Banos property.

Fiscal Impact:The acceptance of the Grant Deed will pose no additional fiscal impact to the City of LosBanos. The City does not pay property taxes on its facilities.

Oliveira Park IS currently maintained through Landscape and Lighting AssessmentDistrict #17.

Reviewed by:

Attachments:ResolutionLetter of RequestLocation MapGrant Deed Transfer (Copy)

RESOLUTION NO. __

A RESOLUTION OF THE CITY COUNCIL OF THECITY OF LOS BANOS ACCEPTING THE GRANTDEED AND DEDICATION FROM STONECREEKPROPERTIES, ASSESSOR'S PARCEL NUMBER430-060-013, OLIVEIRA PARK

WHEREAS, there has been submitted to the City Council of the City of LosBanos a Grant Deed from Stonecreek Properties; and

WHEREAS, the City of Los Banos is desirous of accepting said deed forpurposes of acquiring the 7.14 acre park, known as Oliveira Park, Assessor's ParcelNumber 430-060-013; and

WHEREAS, said Grant Deed, as presented, has been reviewed and examinedand found acceptable by the City Council of the City of Los Banos.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of LosBanos does hereby accept said Grant Deed and Dedication of real property describedas Assessor's Parcel Number 430-060-013, known as Oliveira Park.

The foregoing Resolution was introduced at a regular meeting of the City Councilof the City of Los Banos held on the 2nd day of January 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:


1

December 12, 2012

Mr. Gary HutsellPublic WorksCity of Los Banos411 Madison AveLos Banos, CA 93635

Project: Oliveira Park

Subject: Park Land Dedication

Dear Gary,

This is a formal request for the City of Los Banos to accept the Park Land Dedication to the City of LosBanos for the regional park located on the corner of Ortigalita and Cardoza Road.

We have fulfilled all our requirements per the Development Agreement.

Sincerely,

Ray DeSaVice President/Land Development

1851 Airway Drive., Suite E .. Hollister, CA 95023 .. Phone: (831) 630-1853 .. Fax: (831) 630-9246 .. E-mail: [email protected]

(R-tJ BOOK 93 O~ PARCEL MAPS, PAGES 47-48, M.G.R.

APRIL. 20011

TEL 19251 210·9300

VOLUME 28 OF SURVEYS, PAGES 9-12, M.CR.

CENTERLINE

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VOL 99 PM PAGES 13-14 MCRBEING A PORTION OF THE SOUTHEAST QUARTER OFSECTION 2~ TOWNSHIP 10 SOUTH, RANGE 10 EAST

MOUNT DIABLO BASE & MERIDIANCITY OF LOS BANOS. MERCED COUNTY, CALIFORNIAft" Design Resources. Inc.'71Ji Planning .. Eng/nHrlntl .. Surwy/nfl

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LEGEND

REFERENCES

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VOL. '1y

VOLUME 14 O~ SURVEYS, PAGE 21, M.G.R.

VOLUME 28 OF SURVEYS. PAGES 27·29. M.eR.

BOOK 85 OF PARCEL MAPS, PAGES 30-31, M.C.R.

BOOK 99 OF PARCEL MAPS, PAGES 13-14, M.eR.

BOOK 99 OF PARCEL MAPS, PAGES 17-18, M.CR.

PAGE ~ SHEET 3 OF tJ

~ 4\Phase lA·S\FM\FM·Phase lA.d~, 5/11/2006 2;57;4'1 PM, station r, PIA Design Resources, Inc.

RECORDING REQUESTED BYFIRST AMERICAN illLE COMPANY

AND WHEN RECORDED MAIL TO:

City of Los Banos520 J StreetLos Banos, CA 93635

_________________........ .space Above This Line for Recorder's Use Only _

A.P.N.: 430-060-013

GRANT DEEDThe Undersigned Grantor(s) Declare(s): DOCUMENTARY TRANSFER TAX $__; CITY TRANSFER TAX $__;SURVEY MONUMENT FEE $EXEMPT[ ] computed on the consideration or full value of property conveyed, OR

[ ] computed on the consideration or full value less value of liens and/or encumbrances remaining at time of sale,

[ ] unincorporated area; [ ] City of __, and

"The grantee is the United States or an agency or instrumentality thereof, aState or territory, or political subdivision thereof, R &. T 11922,"

File No.:

FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Larry W. Anderson andGeorgeann M. Anderson

hereby GRANTS to City of Los Banos, a Municipal Corporation

the following described property in the City of Los Banos, County of Merced, State of California:

FEE TITLE for Parkland in and to the property described on EXHIBIT "A" ATTACHED HERETOAND MADE A PART HEREOF

Dated: \ ~ - 28- \~~

~~~'-JLarry W. An son

":1,

Mail Tax Statements To: SAME AS ABOVE

A.P.N.: 430-060-013 Grant Deed - continued File No.:Date:

STATE OF Cah+oyo\<l. }j }ss.

COUNTY OF -fY)e.rc.ed }

On (J\:!'fembe( 21i, 201;;J. ,before me, ~lIlnC<.~ ~cJd.(Ctrl , NotaryPublic, personally appeared LOlr'?1 W. Ande("~Qn n b~ <Z. \("Len. Aodef',s,on,who proved to me on the basis of satisfactory evidence to be the person(S) V;ose name(s) is/are subscribed tothe within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorizedcapacity(ies) and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf ofwhich the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph istrue and correct.

Notary Phone: ZQC1 8J" 03')~County of Principal Place of Business: mev-oed.

WITNESS my hand and official seal.

Signature~;< "', tn, U~My Commission Expires: ::JAn. l\. '20\i-

Notary Name: ~e(A)OCL f'Yl. uJa\O((Jf)Notary Registration ~umber: \ 8'1 5 J ~ S

REGINA M. WALDRONCommission #1875245

~ • Notary Public· California) Merced County I

"'" Qj2 44 e,MI tOT'lli gertstl: U,,2%'t

This area for official notarial seal

Page 2 of 2

EXHIBIT "A"

LEGAL DESCRIPTION

REAL PROPERTY IN THE CITY OF LOS BANOS, COUNTY OF MERCED, STATE OF

CALIFORNIA, described as follows:

All of Parcel A, as said parcel is shown upon the parcel map recorded May 11,

2005 in Book 99 of Parcel Maps, pages 13-14, Merced County Records.

LOS Banos

TO:

FROM:

DATE:

Agenda Staff Report

Mayor Villalta & City Council Members

Paula Fitzgerald, AICP, Community Development Director

January 2, 2013

SUBJECT: Economic Development Strategic Plan

TYPE OF REPORT:

Recommendation:

Public Hearing

Staff is recommending that the City Council adopt the Resolution directing staff to moveforward with an Economic Development Strategic Plan.

Discussion:

The economic position of the City has changed dramatically over the course of the pastseveral years creating a burden for the community as it is sandwiched between growingdemands for government services, including public safety, reduction in sales andproperty tax, continuous cuts in State and Federal funding and closure of existingbusinesses.

The City has seen a recent increase in the influx of new businesses and requests forinformation relating to entitlements but the question comes down to: how do we as aCity want to grow and what is our vision for the future?

The primary purpose of Economic Development is to build up the economic capacity ofa local area to improve its economic future and the quality of life for all. ViableEconomic Development involves the use of a comprehensive package of strategies andtools rather than a piecemeal approach. The key to strong Economic Development forLos Banos is a clear vision and defined goals, so unique assets can be made clear and

specific challenges that must be faced can be brought forth and addressed to allow forthe economic growth of the City.

The comprehensive strategy and tools are in the form of an Economic DevelopmentStrategic Plan, which would be the blueprint for future economic activity in Los Banos.

An Economic Development Strategic Plan would benefit the City in that it would create avision of what Los Banos wants to be and outline clearly defined action items toachieve. The elements of a Strategic Plan include: vision statement, communityassessment, goals, strategies, and evaluation process.

Should the City Council direct staff to move forward, the first step would be for staffbring forward a recommendation to establish a task force to provide ideas andperspectives throughout the process.

Once a Task Force is formed, a Community Assessment would be created identifyingthe Strengths, Weaknesses, Opportunities, and Threats (SWOT) Analysis; resourcesanalyzed; problems and opportunities ranked; a vision statement developed;questionnaires created for local businesses; long-term goals determined; and strategiesselected. Once these tasks have been completed, a community meeting will be held toreview and discuss the Community Assessment, and then an Economic DevelopmentPlan would be written and presented to the City Council for approval.

Fiscal Impact:

The fiscal impact should be minimal, consisting mostly of staff time and publicadvertisements in the newspapers which would be funded by the CommunityDevelopment Department.

Reviewed by:

Acting City Manager/Chief of Police

Attachments:

Resolution No.Notice of Public Hearing

RESOLUTION NOo _

A RESOLUTION OF THE CITY COUNCIL OF THECITY OF LOS BANOS DIRECTING STAFF TOMOVE FORWARD WITH AN ECONOMICDEVELOPMENT STRATEGIC PLAN

WHEREAS, the economic position of the City has changed dramatically over thecourse of the past several years creating a burden for the community; and

WHEREAS, the primary purpose of economic development is to build up theeconomic capacity of a local area to improve the economic future and quality of life; and

WHEREAS, a Strength, Weaknesses, Opportunities and Threats (SWOT)analysis will provide a starting point to move forward with the process; and

WHEREAS, the City Council of the City of Los Banos recognizes the need for aclear vision and goal; and

WHEREAS, an Economic Development Strategic Plan would provide acomprehensive strategy and tools that would create the blueprint for future economicactivity; and

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of LosBanos does hereby direct staff to move forward with the development of an EconomicDevelopment Strategic Plan.

The foregoing Resolution was introduced at a regular meeting of the City Councilof the City of Los Banos held on the 2nd day of January 2013, by Council Member___ who moved its adoption, which motion was duly seconded by CouncilMember and the Resolution adopted by the following vote:

AYES:NOES:ABSENT:

APPROVED:



LO anaCOMMUNITY DEVELOPMENT DEPARTMENT

Date: December 7,2012

Regarding: Notice of Public Hearing

Proposal: Economic Development Strategic Plan

NOTICE IS HEREBY GIVEN THAT a Public Hearing will be held by the Los Banos CityCouncil to consider giving staff direction to proceed with the appointment of a SteeringCommittee and the preparation of an Economic Development Strategic Plan. The Planwould be used to identify important economic issues in the community and provide avision for the City.

A PUBLIC HEARING on this matter will be held at the next scheduled meeting of theCity Council on Wednesday, December 19, 2012 at 7:00 p.m. in the Council Chambersof Los Banos City Hall located at 520 "J" Street. Questions regarding the abovereferenced item may be directed to Paula Fitzgerald, AICP, Community DevelopmentDirector at City Hall or at (209) 827-7000, Ext.114.

Persons wishing to provide oral comments on the described proposal may do so at thismeeting 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 BanosCity Hall at 520 "J" Street, Los Banos, California 93635. If no comments are receivedprior 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, courttestimony is limited to only those issues raised at the hearings per Government CodeSection 65009.

THE CITY OF LOS BANOS

Stacy Souza ElmsAssistant Planner

anaCity (~f

~a

Agenda Staff Report

TO: Mayor & City Council Members

FROM: Mark Fachin, P.E., Public Works Director/City Engineer

DATE: January 2,2013

SUBJECT: Council Direction to Staff in regards to the City of Los Banos TemporarilySuspending the Collection of Regional Transportation Impact Fees (RTIF)established by Ordinance 1031 as Amended and Codified in Title 3,Chapter 18 of the Los Banos Municipal Code

TYPE OF REPORT: Non Consent

Recommendation:That the City Council receives the staff report and provides staff with direction. Thatdirection could be one of the following:

1. Take no action which will result in, after Ordinance No. 1105 expires onMarch 2, 2013, the RTIF fee program being reinstated per Ordinance No.1031 as amended and codified in Title 3, Chapter 18 of the Los BanosMunicipal Code.

2. Request that staff present to Council an Ordinance that would continue thetemporary suspension of the collection of Regional Transportation ImpactFees (RTIF) for a time period as outlined in the Ordinance and for designatedland use categories. This Ordinance, if adopted, would go into effect 30 daysafter its final passage and adoption.

3. Provide further direction to staff.

4. Request additional information to staff.

Background:The main purpose of a regional transportation impact fee is to help plan for and mitigatetransportation impacts of future growth on the regional transportation system. Local

traffic impact fees are used to fund local improvements to mitigate cumulative impactsto local roadways caused by development. In theory, regional transportation impactfees build multi-jurisdictional transportation projects that benefit two or morecommunities.

Before a new transportation impact fee can be established, the California Mitigation FeeAct (AB 1600) requires cities or counties prepare "nexus" calculations, based on projectcost estimates, land use projections, traffic modeling, and appropriate trip generationrates to make sure that the impact fee will primarily benefit new development. Based onthe project and program nexus, such fees can either fund all, but sometimes only aproportionate share of the project needed to accommodate the new development. Feescannot pay for more than the project costs, should not overlap (but can complement)

.existing impact fees and must provide credit for developers who actually construct all ora portion of the project for which that the fee is paid. Such fees can only be used forcapital projects and not be used for operations and maintenance. Impact fees arerequired to have a 5-year capital improvement plan indicating the purpose and use ofthe fee. Therefore, impact fee programs can be used very effectively on projectdevelopment activities (i.e. preliminary engineering, environmental studies or other earlyproject phases such as acquisition of right-of-way and/or commitment as a local matchfor other funding to fund construction activities). Although some of the smaller projectscan be entirely funded with traffic impact fees (if the project is entirely needed becauseof a new development area), regional transportation impact fees are best coordinated ina funding package with a variety of other local, regional, state and/or federal funds.

One of the main advantages of establishing the program is that most state and federaltransportation programs are very competitive, and require at least 20% of the fundingmix to come from local funding sources. Therefore, the RTIF would help make MercedCounty agencies' applications more successful, particularly for securing our share oflarger statewide interregional transportation funds and federal funds.

Background of Merced County RTIF:On July 19, 2001, the MCAG Governing Board unanimously adopted the 2001 RegionalTransportation Plan (RTP). The RTP documented the region's population, housing, andeconomic growth and the need for transportation projects to ensure safety, relievecongestion, and maintenance for Merced County's regional transportation system. Inaddition to listing and prioritizing the region's transportation projects and programs, theplan's Financial Element documented that the existing financial resources to fund theseprojects were inadequate. The RTP called for pursuing two new sources of funding, alocal ~ cent sales tax dedicated solely to transportation projects and a regionaltransportation impact fee to mitigate future development impacts on the regional roadsystem.

During the fall/winter of 2001-02, an amendment to the MCAG Joint Powers Agreementwas submitted and approved by each city council and board of supervisors authorizingMCAG to administer a regional transportation impact fee program adopted byordinance, resolution, or other appropriate action by each member agency.

This unanimous action by each member amended the MCAG JPA to allow MCAG toreceive the fees from a locally adopted transportation fee program and implementtransportation projects. Further, as a local program, it meant that a jurisdiction retainsthe inqividual authority to implement, change, and/or terminate the program.

Thereafter, a regional road network was defined, growth impacts modeled, and projectswere identified that would mitigate resultant traffic congestion.

In July 2004, the MCAG Governing Board adopted the 2004 Regional TransportationPlan with a Financial Element that assumed funding resources would be available fromRegional Transportation Impact Fee program. The 2004 Regional TransportationImpact Fee Study includes a project financial plan listing the multiple sources of fundsthat will be used to pay for the identified projects, a uniform mitigation fee, and the "fairshare" fee contributions from vehicle trips beginning or ending in each respectivejurisdiction. At the January 20, 2005 MCAG Governing Board meeting, the RTIF Studywas accepted and the RTIF Model Ordinance and RTIF Implementation Agreementwere transmitted to the City of Los Banos for consideration and action.

On April 29, 2005 the Los Banos City Council considered the RTIF ImplementationAgreement and the Model RTIF Ordinance and unanimously approved both.

Approval of the RTIF Implementation Agreement. The RTIF Implementation Agreementamended the MCAG Joint Powers Agreement to permit MCAG to deliver thetransportation projects identified in the program. Approval of the RTIF ImplementationAgreement does not commit the City to adopt the fee program.

Adoption of the RTIF Ordinance. This action enacted the regional transportation impactfee. To implement the regional transportation impact fee and start to collect the fee, fivemember jurisdictions needed to adopt the program by ordinance or resolution includingthe Merced County Board of Supervisors and a majority of the cities with a majority ofthe population.

Effective August 1, 2005, the cities of Atwater, Dos Palos, Los Banos, Merced, and theCounty of Merced began collecting RTIF fees through their local permitting process.The City of Gustine began collecting the fee effective August 22, 2005. The City ofLivingston has not adopted an ordinance or resolution to implement the RTIF programfee collection.

In August of 2008, the City Council adopted a Resolution approving the implementationof the updated RTIF study. On April 15,2009, the City Council adopted Ordinance No.1086 that established new non-residential RTIF fees, per the approved updated RTIFstudy.

The Fee ProgramThe current RTIF fees that were adopted per Ordinance NO.1 086 are:

• Residential, single-family

• Residential, multi-family

$3,115 per dwelling unit

$1,892 per dwelling unit

• Retail commercial, general $4,146 per 1,000 sq. ft.II floor area

(Suspended until 3/2/13Ordinance No. 1105)

• Retail commercial, high• Turnover

$12,082 per 1,000 sq. ft. (Suspended until 3/2/13

floor area Ordinance No. 1105)

• Retail commercial, low• Turnover

• Retail commercial, over• 50,000 sq. ft.

• Office commercial

• Industrial/Ag processing

$2,780 per 1,000 sq. ft.floor area

$7,161 per 1,000 sq. ft.floor area

$3,337 per 1,000 sq. ft.II floor area

$1,409 per 1,000 sq. ft.II floor area

(Suspended until 3/2/13

Ordinance No. 1105)

(Suspended until 3/2/13

Ordinance No. 1105)



Per the Ordinance all commercial and industrial projects pay the impact fees at the timeof building permit issuance and all residential projects pay the impact fees at the time ofissuance of the certificate of occupancy. Since 2005 of the $9,869,996.01 collected byall the member cities, the City of Los Banos has collected $1,744,916.90 as follows:

• FY 2005-06 $69,534.00;

• FY 2006-07 $601,678.57;

• FY 2007-08 $433,153.29;

• FY 2008-09 $355,488.97;

• FY 2009-10 $182,434.83;

• FY 2010-11 $58,308.90;

• FY 2011-12 $41,203.34;

• FY 2012-13 $3,115.00.

The amount of the fee assessed to a particular project is dependent upon the land usecategory of the specific project based upon the Trip Generation Rate published by theInstitute of Transportation Engineers (ITE) as follows:

• "Residential/Single Family" =Single-family detached homes on individual lots.

• "Residential/Multiple Family" =Two- and multiple-family dwelling units, includingapartments, condominiums, and mobile homes in mobile home parks.

• "Retail Commercial, General" =Retail uses, including but not limited to, discountstores, nurseries, automobile sales and service, supermarkets, drugstores, storesselling electronics, toys, apparel, etc., video rentals, and other similar uses.

• "Commercial/High Turnover' = Sit-down and fast food restaurants with or withoutdrive-up windows, drinking establishments, convenience markets, gas stations,quick lubes, and banks (walk-in and drive-through).

• "Commercial/Low Turnover' =Specialty retail or strip centers, factory outlets, tirestores, home improvement stores, furniture stores, and other similar uses.

• "Commercial/Greater Than 50, 000 Square Feet" = Shopping centers andcommercial uses defined above with more than 50,000 square feet of floor area.

• "Office/Commercial" = Professional offices, business parks, business oradministrative offices, insurance/financial/real estate services, research &development, medical or dental services, government offices, and similar uses.

• "Industrial/Agricultural Processing" = Light and heavy industrial uses, includingbut not limited to: manufacturing, assembly, bottling, printing, cabinet/machine shop,wholesale business, warehouses, corporation yards, moving/storage services,utilities, lumberyards, canneries, and agricultural food processing.

Adoption of Ordinance No. 1105The Los Banos City Council, on February 1, 2012, adopted Ordinance No. 1105 whichtemporarily suspended the collection of Regional Transportation Impact Fees (RTIF) fora period of twelve months from the effective date of the Ordinance for the following landuse categories:

Retail commercial, generalRetail commercial, high turnoverRetail commercial, low turnoverRetail commercial, over 50,000 sq. ft.Office commercialIndustrial/Ag processing

Discussion:Ordinance No. 1105, which temporarily suspended the collection of RTIF fees for twelvemonths in six land use categories will expire on March 2, 2013. Staff is seeking Councildirection on the future status of the RTIF program.

Some of the alternatives would be:

1) Take no action and the RTIF program will revert to its format beforeOrdinance No. 1105 was adopted, with no fee suspension, after March 2,2013.

2) Have staff present to Council a new Ordinance stating a RTIF fee suspensiontime period and the land use categories that will be suspended. ThisOrdinance, if adopted, would go into effect 30 days after the Council adopts it.

3) Provide further direction to staff.

4) Request additional information to staff.

Fiscal Impact:Since the development impact fees pay for planned infrastructure, the result of this feesuspension would be a decrease in the amount of planned regional transportationinfrastructure that can be funded by the Regional Transportation Impact Fee (RTIF)program. The magnitude of the impact to the RTIF would largely be dependent on thepace of development during the fee suspension period.

Reviewed by:

Gary B z eActing City Manager/Chief of Police

Attachment:Ordinance No. 1105

ORDINANCE NO. 1105

AN ORDINANCE OF THE CITY COUNCIL OF THECITY OF LOS BANOS TEMPORARILYSUSPENDING THE COLLECTION OF REGIONALTRANSPORTATION IMPACT FEES ESTABLISHEDBY ORDINANCE NO. 1031 AS AMENDED ANDCODIFIED IN TITLE 3 CHAPTER 18 OF THE LOSBANOS MUNICIPAL CODE

WHEREAS, Development Impact Fees are levied on new development to coverthe cost of infrastructure or facilities necessitated by that development pursuant to theMitigation Fee Act; and

WHEREAS, on May 4, 2005 the Los Banos City Council adopted Ordinance No.103 establishing a Regional Transportation Impact Fee - RTIF; and

WHEREAS, since the adoption of Ordinance No.1 031 the City of Los Banos andthe rest of Merced County have experienced an economic recession that has impactednew development in the City of Los Banos; and

WHEREAS, the City Council is concerned that the current level of DevelopmentImpact Fees may be creating a barrier to the commencement of new developmentprojects; and

WHEREAS, the City Council believes that a resumption of development is vital tothe continuing well being of the community and to the community's recovery from thecurrent recession; and

WHEREAS, the City Council believes that a temporary suspension of theRegional Transportation Impact Fee for the specified land use categories will have apositive impact on the community; and

WHEREAS, the Ordinance is exempt from the provisions of CEQA, in that it isnot a project under CEQA pursuant to subdivision (b) (4) of section 15378 of CEQAGuidelines, Title 14 of the California Code of Regulations.

NOW THEREFORE, the City Council of the City of Los Banos does herebyordain as follows:

1. Recitals: The above stated recitals are true and correct.

2. Temporary Suspension of Regional Transportation Impact Fee: The collection offees charged pursuant to Title 3 Chapter 18 of the Los Banos Municipal Code (RegionalTransportation Impact Fee - RTIF) for the following land use categories is temporarilysuspended for a period of twelve months from the effective date of this Ordinance:

Retail commercial, generalRetail commercial, high turnoverRetail commercial, low turnoverRetail commercial, over 50,000 sq. ft.Office commercialIndustrial/Ag processing

3. Relationship to Prior Ordinances: This Ordinance does not repeal Ordinance No.1031 as amended by Ordinance No. 1073 and Ordinance No. 1086, amend the ratesset forth by said prior Ordinances, alter any finding by said prior Ordinances, orotherwise affect the operation of said prior Ordinances except as specifically set forthherein.

4. Effect: No provision of this Ordinance shall entitle any person who has alreadypaid Regional Transportation Impact Fees to receive a refund, credit or reimbursementof such payment.

5. Expiration: As of twelve months from the effective date of this Ordinance, thisOrdinance is repealed without further action by the City Council, unless the City Councilrepeals or amends this Ordinance prior to that date.

6. CEQA: The City Council finds that the Ordinance is exempt from the provisionsof CEQA, in that it is not a project under CEQA pursuant to subdivision (b) (4) of section15378 of CEQA Guidelines, Title 14 of the California Code of Regulations, because thisOrdinance only relates to a governmental funding mechanism, or fiscal activities, whichdo not involve any commitment to any specific project, which may result in a potentiallysignificant physical impact on the environment.

7. Severability: If any section, subsection, subdivision, paragraph, sentence, clauseor phrase added by this Ordinance, or any part thereof, is for any reason held to beunconstitutional or invalid or ineffective by any court of competent jurisdiction, suchdecision shall not affect the validity or effectiveness of the remaining portions of thisOrdinance or any part thereof.

8. Effective Date: This Ordinance shall go into effect and be in full force andoperation thirty (30) days after its final passage and adoption. The City Clerk shallcertify to the adoption of this Ordinance and cause the same to be posted and publishedonce within fifteen days after passage and adoption as may be required by law; or, inthe alternative, the City Clerk may cause to be published a summary of this Ordinanceand a certified copy of the text of this Ordinance shall be posted in the Office of the CityClerk five days prior to the date of adoption of this Ordinance; and, within fifteen daysafter adoption, the City Clerk shall cause to be published, the aforementioned summaryand shall post a certified copy of this Ordinance, together with the vote for and againstthe same, in the Office of the City Clerk.

THE FOREGOING ORDINANCE was introduced at a regular meeting of the LosBanos City Council on the 18th day of January 2012, and was adopted at a regUlarmeeting of the Los Banos City Council on the 1st day of February 2012 by the followingvote:

AYES:NOES:ABSENT:

ATTEST:

Council Members Faria, Silveira, Mayor VillaltaCouncil Member Sousa, StoneNone

APPROVED:

,£~i.~Lucille L. Mallonee, City Clerk

2

Agenda Staff Report

TO: Mayor and City Council Members

FROM: William A. Vaughn, City Attorney

DATE: January 2,2013

SUBJECT: First Amendment to Professional Services Agreement for City ManagerRecruitment

TYPE OF REPORT:

RECOMMENDATION:

Non Consent Agenda

It is recommended that the City Council adopt the Resolution authorizing the Mayor to executethe Mayor to execute the First Amendment to Professional Services Agreement for City ManagerRecruitment Services with Teri Black & Company, LLC

BACKGROUND:

The City entered into a professional services agreement with Teri Black & Company, LLC onApril 24, 2012, to provide recruitment services for the City Manager position. In September of2012 the recruitment process was temporarily suspended. The City Council desires to resumethe recruitment process and amend the original scope of services and adjust the compensationpayable to the recruiter accordingly.

DISCUSSION:

The terms of the proposed amendment are as follows:

1. The recruiter shall resume the City Manager candidate search by personal outreachstrategies to identify and contact potential candidates and provide the City Council with a repolion or before February 6, 2013 summarizing the results of the search;

2. If the Recruiter is able to identify a viable candidate pool through personal outreachstrategies the Recruiter shall provide the services for the new candidate pool as set forth inparagraphs 6 through 9 of the Agreement;

3. Recruiter's compensation including expenses going forward shall not exceed $4,000.00;

4. All other terms, conditions, and provisions of the Agreement not in conflict with theAmendment, shall remain in full force and effect.

FISCAL IMPACT

An additional expenditure of not to exceed $4,000.00 for professional services is within theoriginal authorization for recruiting services.

FIRST AMENDMENTTO PROFESSIONAL SERVICES AGREEMENT

FOR CITY MANAGER RECRUITMENT SERVICES

This Amendment is made and entered into this 2nd day of January, 2013 ("EffectiveDate") by and between the CITY OF LOS BANOS, a municipal corporation ("City") and TERIBLACK & COMPANY, LLC, a limited liability company ("Consultant").

WHEREAS, Consultant and City entered into an agreement on April 24, 2012, forConsultant to provide recruitment services for the City Manager position (the "Agreement");

WHEREAS, for unforeseen circumstances the recruitment process was temporarilysuspended by the City Council; and

WHEREAS, Consultant and City desire to resume the recruitment process and amend thescope of services and adjust the compensation accordingly.

NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which ishereby acknowledged, the Parties agree as follows:

1. Consultant shall resume the City Manager candidate search by personal outreachstrategies to identify and contact potential candidates and provide the City Council with areport on or before February 6,2013 summarizing the results of the search;2. If the Consultant is able to identify a viable candidate pool through personal outreachstrategies the Consultant shall provide the services for the new candidate pool as set forth inparagraphs 6 through 9 of the Agreement.3. Consultant's compensation including expenses going forward shall not exceed $4,000.00.4. All other terms, conditions, and provisions of the Agreement not in conflict with thisAmendment, shall remain in full force and effect.

IN WITNESS WHEREOF, the Parties hereto have set their hand by their duly authorizedrepresentatives as of the day and year first above written.

CITY OF LOS BANOS,A California municipal corporation

Date:by: MICHAEL VILLALTAMayor

ATTEST:

Lucille L. MalloneeCity Clerk

APPROVED AS TO FORM:

WILLIAM A. VAUGHNCity Attorney

Date:

TERI BLACK & COMPANY, LLC

TERI BLACK-BRANNPresident/CEO

PROFESSIONAL SERVICES AGREEMENT

Teri Black &. Company, LlC agrees to provide the following services to theCity of los Banos, CA (herein referred to as "the Client'') in conjunction withthe recruitment of a City Manager:

1. Gather feedback from Client (City Council, Department Directors and other keystakeholders) to develop candidate profile, recruitment strategy & timeline

2. Produce recruitment brochure; design and activate advertising campaign

3. Execute traditional and electronic direct mail campaign and personaloutreach strategies:

A. Distribute brochure to network of industry professionals

B. Identify and contact referral sources during active recruiting period

C. Identify and contact potential candidates

4. Conduct Preliminary Screening

A. Conduct the initial paper screening of submission materials (coverletters, resumes and lists of references)

B. Conduct preliminary screening interviews with most qualifiedcandidates

5. Prepare a report summarizing the results of the recruitment process, briefClient on report and with the selection of finalists

6. Coordinate candidate participation in interviews and meetings with theCity Council

7. Prepare all necessary materials for City Council interviews; facilitatecandidate interviews with City Council

City of Los BanosCity Manager 2012

Page 2

8. Conduct background and reference checks on top candidate; reviewreports and results with Client; assist client with implementation of otherselection/assessment tools as needed (e.g., psychological testing, etc.)

9. Facilitate negotiations and transition details with candidate selected

Professional fees & Expenses

For professional services provided under this Agreement, the City of Los Banos.agrees to compensate Teri Black & Company, LLC $17,500 in professional feesplus reimbursement of directly related expenses (not to exceed $8,500) for suchitems as advertising, brochure design and printing, consultant travel, longdistance telephone, xeroxing, and postage / delivery charges. Expenses will bereimbursed at actual cost. Professional fees and reimbursable expenses will bebill~d and paid monthly.

Placement Guarantee

If a candidate selected and appointed as City Manager by the Los Banos CityCouncil as a result of a TBC recruitment terminates employment for any reasonbefore the completion of the first two years of service, TBC will provide the Citywith the necessary consulting services required to secure a replacement.Professional consulting services are provided at no cost to the Client; expensesare covered by the City.

This Agreement is effective upon signature of Professional Services Agreementby both parties and shall continue until all services are completed. This project isexpected to conclude before September 30, 2012.

CITY Of lOS BANOS

Michael Villalta

TITLE:-~--"----r----:;-------

DATE:_-/--;~~!:...,h~C4!-~o:::::.... _

TERI BLACK & COMPANY, LlC EIN#13-4346458

4232 Pascal Placet Palos Verdes Peninsu at CA 90274

~,1

l ,,- (~/ .'

·1t]jZ;;/7U W&~?L~(signature)

NAME: __-,-T=er,-,-i..::::B=la=c'-'-k-..::::S"-"ra=n"-'-'n'--- _

TITLE: __-'--'Pr~e=5i=de~n~t'-'IC=E~O~ _

DATE:__--'A'-'.,P=r=.iI-=1=1,L-:2=O'-"'1=2 _

City of Los BanosCity Manager 2012

Page 3

ATTEST:

I,ucille L. Mallonee, City Clerk

APPROVED AS TO FORM:

~--- .City Attorney

GENERAL TERMS AND CONDITIONS

1. Performance of ServicesfNo Assignment. Time is of the essence in perfOlmance of the Services. Consultantrepresents to City that Consultant possesses, or will arrange to secure from others, all of the necessmy professional capabilities,experience, resomces and facilities necessary to provide to City the services contemplated under this Agreement. Except asspecifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferredcontracted or subcontracted out without the prior written approval of City.

2. Hold Harmless and Indemnification. To the fullest extent permitted by law, Consultant shall indemnify, defend andhold harmless City, its City Council, boards and commissions, officers, agents and employees (collectively, the "IndemnifiedParties) from and against any and all claims (including, claims for bodily injw'y, death or damage to property), demands,obligations, damages, actions, causes of action, suits, losses, judgments, fmes, penalties, liabilities, costs and expenses (including,attorney's fees, disbursements and court costs) of every kind and natw'e that arise out of, pertain to, or relate to the negligence,recklessness, or willful misconduct of the Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants,subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them inperformance, or non performance, of services under this Agreement.

Notwithstanding the foregoing, nothing herein shall be constmed to require Consultant to indemnify the IndemnifiedParties from any Claim arising from the active negligence or willfi.Jl misconduct of the Indemnified Parties. Nothing in thisindemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms ofthis Agreement.This indemnity shall apply to all claims and liability regardless of whether any insmance policies are applicable. The policy limitsdo not act as a limitation upon the amount of indemnification to be provided by the Consultant

3. Independent Contractor. It is understood that City retains Consultant on an independent contractor basis andConsultant is not an agent or employee of City. The marmer and means of conducting the work are under the control of Consultant,except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in thisAgreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents oremployees of City. Consultant shall have the responsibility for and control over the means of perfanning the work, provided thatConsultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right todirect Consultant as to the details of the performance or to exercise a measw'e of control over Consultant shall mean only thatConsultant shall follow the desires ofCity with respect to the results of the services.

3. I The Consultant shall at all times remain an independent contractor with respect to the services to be perfOimedunder this Agreement and shall be responsible for the payment of Federal and State Employer Withholding Taxes, UnemploymentInsurance Taxes, FICA Taxes, Retirement, Life ancl/or Medical Insurance, and Worker's Compensation Insurance for theemployees of the Consultant or any other person performing services under this Agreement. Consultant and its employees are notentitled to the rights or benefits afforded to City's employees, including disability or unemployment insurance, workers'compensation, medical insurance, sick leave, or any other employment benefit. Consultant agrees to indemnify and hold Cityharmless from any claims, costs, losses, fees, penalties, interest, or damages suffered by City as a result of any claim by any personor entity contrmy to the provisions of this Section.

4. Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of work, Consultantshall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insmanceof the type and amounts described below and in a form satisfactory to City.

A. Certificates ofInsurance. Consultant shall provide certificates of insurance with original endorsements to City asevidence of the insurance coverage required herein. Insmance certificates must be approved by the City Attorney prior tocommencement of perfOlmance or issuance of any permit. CUl1'ent certification of insurance shall be kept on file with City at alltimes during the term ofthis Agreement.

B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign celtification of allrequired policies.

C. Acceptable Insurers. All insmance policies shall be issued by an insurance company currently authorized by theInsurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A(or higher) and Financial Size CategOly Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide,unless othmwise approved by the City Attorney.

D. Coverage Requirements.

i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance andEmployer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition,Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's LiabilityInsurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice ofcancellation or non-renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10calendar days written notice of non-payment of premium) prior to such change. The insmer shall agree to waive all rights ofsubrogation against City, its officers, agents, employees and vohmteers for losses arising from work performed by Consultant forCity.

ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount notless than two million dollars ($1,000,000) per occun'ence for bodily injury, personal injury, and property damage, includingwithout limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit isused, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the generalaggregate limit shall be at least twice the required occun'ence limit.

HI. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury andproperly damage for all activities of the Consultant arising out of or in connection with work to be performed under thisAgreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than two million dollars($1,000,000) combined single limit for each occutTence.

iv. Professional Errors and Omissions Insurance. Consultant shall maintain professional errors and omissionsinsurance, which covers the services to be performed in connection with this Agreement in the minimum amOlmt of two milliondollars ($1,000,000) per claim and in the aggregate.

E. Endorsements. Each general liability and automobile liability insurance policy shall either include or beendorsed with the following specific language:

i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered asadditional insureds with respect to liability arising out of work performed by or on behalf of the Consultant.

ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials,employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant'soperations or services provided to City. Any insurance maintained by City, including any self-insured retention City may have,shall be considered excess insurance only and not contributory with the insurance provided hereunder.

IlL This insurance shall act for each insured and additional insured as though a separate policy had been written foreach, except with respect to the limits ofliability ofthe insuring company.

iv. The insmer waives all rights of subrogation against City, its elected or appointed officers, officials, employees,agents and volunteers.

v. Any failure to comply with repOlting provisions of the policies shall not affect coverage provided to City, itselected or appointed officers, officials, employees, agents or volunteers.

vi. The insurance provided by this policy shall not be suspended, voided, or canceled, by either party except afterthirty (30) calendar days (10 calendar days written notice of non-payment of premium) written notice has been received by City.

5. Ownership of Documents. All documents, information and materials of any and every type prepared by theConsultant pursuant to this Agreement shall be the property of the City. Such documents shall include but not be limited to data,drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated bythe Consultant in performing work under this Agreement, whether completed or in process. The Consultant shall assume noresponsibility for the unintended use by others of any such documents, information, or materials on project(s) that are not related tothe scope of services described under this Agreement.

6. Confidentiality. All City infol1nation disclosed to Consultant during the course ofperfonnance of services under thisAgreement shall be treated as confidential and shall not be disclosed to any other persons or patties except as authorized by City, orrequired by law. All documents, including drafts, prellminmy drawings or plans, notes and communications that result from theservices in this Agreemenl, shall be kept confidentia! unless City authorizes in writing the release of infmmation.

7. Intellectual Property Indemnity. The Consultant shall defend and indemnifY City, its agents, officers,representatives and employees against any and all liability, including costs, for infringement of any United States' letters patent,trademark, or copyright infhngement, including costs, contained in Consultant's drawings and specifications provided under thisAgreement.

8. Access to Records. Consultant shall maintain all books, records, documents, accounting ledgers, and similarmaterials relating to work performed for City under this Agreement on file for at least tlu'ee (3) years following the date of finalpayment to Consultant by City. Any duly authorized representative(s) of City shall have access to such records for the purpose ofinspection, audit and copying at reasonable times, during Consultant's usual and custommy business hours. Consultant shallprovide proper facilities to City's representative(s) for access and inspection. Consultant shall be entitled to reasonablecompensation for time and expenses relate to such access and iqspection activities, which shall be considered to be an additionalservice to the City, subject to the provisions of Section 4 hereinabove.

9. Conflict of Interest. The Consultant or its employees may be subject to the provisions of the Califomia PoliticalReform Act of 1974 (the "Act"), which (1) requires such persons to disclose any fmaneial interest that may toreseeably bematerially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating inmaking, decisions that will foreseeably financially affect such interest.

If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a materialbreach and is grOlmds for immediate termination of this Agreement by City. Consultant shall indemnifY and hold harmless City forany and all claims for damages resulting from Consultant's violation ofthis Section.

Consultant wan-ants that neither Consultant, nor any of its employees, agents or subcontractors, has a conflict of interestwith respect to the work to be performed under this Agreement, nor shall such individuals, dming this term of this Agreement,acquire any interest, which would conflict in any manner with the performances of services hereunder.

10. Nondiscrimination. Consultant represents that it is an equal oppOltunity employer and it shall not discriminateagainst any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap,ancestry, sex or age.

11. Termination. In the event that either party fails or refuses to perform any of the provisions of this Agreement at thetime and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is notcured within a period of seven (7) calendar days, or ifmore than seven (7) calendar days are reasonably required to cure the defaultand the defaulting party fails to give adequate assurance of due perfOimance within seven (7) calendar days after receipt of writtennotice of default, specifYing the natme of such default and the steps necessary to cure such default, the non-defaulting party mayterminate the Agreement forthwith by giving to the defaulting party written notice thereof.

Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, to terminate thisAgreement at any time by giving seven (7) calendar days prior written notice to Consultant. Consultant In the event of terminationunder this Section, City shall pay Consultant for services satisfactorily performed and costs incurred up to the effective date oftermination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver toCity all reports, documents and other information developed or accumulated in the performance ofthis Agreement, whether in draftor final form.

12. Waiver. A waiver by either party of any breach, of any te1m, covenant or condition contained herein shall not bedeemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether ofthe same or a different character. The acceptance by the City of the performance of any work or services by Consultant shall not bedeemed to be a waiver of any term or condition of this Agreement.

13. Amendments. This Agreement may be modified or amended only by a written document executed by bothConsultant and City and approved as to fonn by the City Attorney.

14. Controlling Law and Venue. City and Consultant agree that the law governing this Agreement shall be that of theState of California. Any suit brought by either party against the other arising out of the performance of or otherwise relating to thisAgreement shall be filed and maintained in the COlmty of Merced.

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS BANOSAUTHORIZING THE MAYOR TO EXECUTE FIRST AMENDMENT

TO PROFESSIONAL SERVICES AGREEMENT FOR CITY MANAGERRECRUITMENT SERVICES WITH TERI BLACK & COMPANY, LLC

WHEREAS, Consultant and City entered into an agreement on April 24, 2012, forConsultant to provide recruitment services for the City Manager position (the"Agreement"); and

WHEREAS, for unforeseen circumstances the recruitment process wastemporarily suspended by the City Council; and

WHEREAS, Consultant and City desire to resume the recruitment process andamend the scope of services and adjust the compensation accordingly; and

WHEREAS, the Amendment has been reviewed and approved by the CityAttorney.

NOW, THEREFORE BE IT RESOLVED, that the City Council of the City ofLos Banos does hereby approve the above mentioned Agreement and authorizes theMayor to execute said Agreement, in the form presented herewith.

The foregoing Resolution was introduced at a regular meeting of the City Councilof the City of Los Banos held on the 2nd day of January 2013, by City Council Member__, who moved its adoption, which motion was duly seconded by City CouncilMember __, and the Resolution was adopted by the following vote:

AYES:NOES:ABSENT:

APPROVED:



LOS ana

TO:

FROM:

DATE:

Agenda Staff Report

Mayor & City Council Members

Lucy Mallonee, MMCCity Clerk/Administrative Services Director

January 2, 2013

SUBJECT: Economic Development Advisory Committee (EDAC)

TYPE OF REPORT:

Recommendation:

Non Consent Agenda

Appoint two (2) Council Members to serve a two (2) year term on the EDAC, with bothterms set to expire December 31,2014.

Discussion:

According to City Resolution No. 5434, Section 2(9), the EDAC will include two (2)Council Members. Council Members Faria and Stonegrove served a two (2) year termthat expired December 31,2012.

Fiscal Impact:

None.

Reviewed by:

Gary 'SrlzzeeActing City Manager/Chief of Police

Attachments:

Resolution No. 5434

RESOLUTION NO. 5434

A RESOLUTION OF tHE CITY COUNCIL OF THECITY OF LOS BANOS ESTABLISHING ANDOUTLINING THE PURPOSES AND FUNTIONS OFTHE ECONOMIC DEVELOPMENT ADVISORYCOMMITTEE

WHEREAS, the City Council of the City of Los Banos recognizes the importanceof City Committees and Committees in City Government; and

WHEREAS, the City Council of the City of Los Banos desires to preserve andimprove the economic prosperity of its businesses and residents; and

WHEREAS, the City Council of the City of Los Banos desires to improve theeconomic well being of the City through efforts that create jobs, retain jobs, increase thetax base and enhance the quality of life; and

WHEREAS, the City Council of the City of Los Banos desires to revitalize, retainand recruit businesses; and

WHEREAS, the Economic Development Advisory Committee (EDAC) is a forumfor exchanging ideas and information about the economy and the City's business andeconomic climate; and

WHEREAS, the EDAC board is a cross section of expertise and point of viewrepresented in the forum; and

WHEREAS, the City Council of the City of Los Banos has determined that it is inthe best interest of the City to continue with the Committee and formulate guidelineswith membership terms, purpose and functions of this forum.

NOW,\ THEREFORE, BE IT RESOLVED by the City Council of the City of LosBanos as follows:

Section 1. Purpose and Functions

The EDAC is created to:

1. Have the general power and duty to act in an advisory capacity to the CityCouncil of the City of Los Banos and Community Development Department Staffon matters pertaining to economic development plan and strategy. TheCommittee is an advisory body to the City Council and is not an independentdecision making body. All of the recommendations regarding economicdevelopment are SUbject to discussion and approval of the City Council.

2. Give input for General Plan updates relating to economic development.

3. Provide input to help improve the economic well being of the City of Los Banosthrough efforts that create jobs, retain jobs, increase the tax base and enhancethe quality of life. This includes efforts to revitalize, retain and recruitbusinesses; and to revive, develop and support existing business areas.

4. Provide a forum for exchanging ideas and information and for addressing thebusiness and economic needs of the community.

5. Provide input to assist with the expansion and diversity of the economic base ofthe City.

6. Make recommendations to and respond to formal requests made on businessand economic development issues.

7. Provide support and ideas on marketing strategies in relation to business andeconomic development.

8. The functions and duties of the EDAC shall not be construed as preempting orotherwise interfering with the functions, duties or responsibilities of the Council,other commissions or boards or offices as mandated by law or ordinance.

Section 2. Membership and Tenure

1. The Los Banos EDAC shall consist of eleven (11) members. Candidates forappointment shall be recommended to the City Council by the Mayor, with inputfrom a City Council Member, selected by the City Council on a rotating basis,and Community Development Director, who shall form an ad hoc committee toreview applications, interview applicants and evaluate the candidates forrecommendation by the Mayor to the City Council.

2. Members: Terms.Each EDAC Member shall serve a term of two (2) years. Terms of office shall bestaggered and not more than four (4) EDAC Members shall have terms that endin the same year. A Member's term of office shall expire on December 31 st ofthe second year of his/her respective term.

3. Members: Reappointment and Vacancies.A Member of EDAC shall not automatically be reappointed to a successive termof office. A member desiring reappointment shall be required to make a formalapplication. If a vacancy shall occur otherwise than by the expiration of a term,the vacancy shall be filled as set forth in Section 2.1 for the unexpired portion ofthe term. Appointment for an unexpired term shall not be considered a full termfor the purposes of Section 2.2.

4. Members: Term Limit.A member who has served four (4) full consecutive terms shall not be eligible forreappointment until one (1) year has expired since the end of his/her fourth fullterm.

5. Members: Removal from Office.Any appointive member of the EDAC may be removed from the Committee by amajority vote of the City Council. Any member of the EDAC who is absent fromthree (3) consecutive regular meetings of the Committee without due cause shallbe automatically removed. A member who has been removed from the EDACshall not be eligible for reappointment until one (i) year has expired since his/herremoval.

6. Members: Resignations.The resignation shall become effective at the time of filing such writtenstatement, and such member shall thereupon cease to be a member of theEDAC and a vacancy shall exist. A member who has resigned from the EDACshall not be eligible for reappointment until one (1) year has expired since his/herresignation.

7. Compensation.Members of the EDAC shall serve without compensation.

8. Meetings.The EDAC shall hold regular meetings on the third Monday of every month at theLos Banos City Hall, Conference Room A at 4:00 P.M. A quorum shall consist ofa majority of the eleven (11) members of the Committee. The Committee shallcomply with the Ralph M Brown Act (Government Code Section 54950),

2

including but not limited to notice, agenda posting and public participationrequirements.

9. MembershipThe committee membership shall be drawn from a broad spectrum of applicantsand Should include business people ;;tnd community members at large. TheCommittee will be headed by the Community Development Director which willserve in a non-voting capacity. Additionally, the Committee will include the LosBanos Chamber of Commerce and two (2) City Council Members. Criteria forother members will include:

Set Positions:Community DevelopmentChamber of CommerceCouncil Members:Mix of Business People/Community Members at Large

112Z11

The foregoing Resolution was introduced at a regular meeting of the City Councilof the City of Los Banos held on the 19th day of September 2012, by Council MemberFaria who moved its adoption, which motion was duly seconded by Council MemberSilveira and the Resolution adopted by the following vote:

AYES:NOES:ABSENT:

ATTEST:

Council Members Faria, Silveira, Sousa, Stonegrove, Mayor VillaltaNoneNone

APPROVED:

~~~.~Lucille L. Mallonee, City Clerk

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fr

nCity of

oCOMMUNITY DEVELOPMENT DEPARTMENT

srw:::;

Date: December 28, 2012

Regarding: Notice of Public Hearing

Proposal: Use Permit #2012-08

NOTICE IS HEREBY GIVEN THAT a Public Hearing will be held by the LosBanos Planning Commission to consider a Use Permit to allow the operation of aHome Occupation Business License with employees for Jerry Witt, dba: JWJanitorial. The subject property is located at 215 Las Palmas St., morespecifically described as Assessor's Parcel Number: 428-293-034.

A PUBLIC HEARING on this matter will be held at the next scheduled meeting ofthe Los Banos Planning Commission on Wednesday, January 9, 2013 at 7:00p.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 PaulaFitzgerald, AICP, Community Development Director at City Hall or at (209) 8277000, Ext. 114.

Persons wishing to provide oral comments on the described proposal may do soat this meeting or may provide written comments on this matter prior to the publicmeeting. Written comments may be sent by U.S. Mail or hand delivered to theCity of Los Banos City Hall at 520 "J" Street, Los Banos, California 93635. If nocomments are received prior to or on the above date, it will be assumed that nocomments 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 issuesraised at the public hearing or in written correspondence delivered to the Cityprior to, or at, the public hearing per Government Code Section 65009.

THE CITY OF~s

~~~ImsAssistant Planner

LOS Banos · 2013-01-02 · LOS Banos At the Crossroads ofCalifOlllia AGENDA CITYCOUNCIL MEETING...

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